2005 Idaho Code - 39-4103 — SCOPE -- EXEMPTIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 41
                           IDAHO BUILDING CODE ACT
    39-4103.  SCOPE -- EXEMPTIONS. (1) This chapter authorizes the state
division of building safety and local governments to adopt and enforce
building codes pursuant to the provisions of this chapter.
    (2)  All buildings and other facilities owned by any state government
agency or entity, including those owned, constructed or financed by the Idaho
state building authority, shall conform to the codes adopted in this chapter,
chapter 2, title 41, Idaho Code, chapter 10, title 54, Idaho Code, chapter 26,
title 54, Idaho Code, and chapter 50, title 54, Idaho Code, and shall be
subject to the jurisdiction of the state division of building safety and the
state fire marshal for purposes of all plan reviews, permitting and
inspections. In performing such plan reviews, permitting and inspections, the
division of building safety and the state fire marshal shall route building
plans to affected local government agencies, and shall take into consideration
local government comments and ordinances and shall promptly notify the local
jurisdictions of actions taken and the reasons therefor, and transmit to the
local jurisdictions copies of final building plans.
    (3)  All buildings and other facilities owned by anyone other than state
government agencies or entities which are constructed or renovated
specifically for use or occupancy by any state agency or entity shall conform
to all state adopted codes and standards.  Nothing in this subsection shall
limit the authority of local governments to issue permits, review plans and
provide a full range of building code enforcement activities for such
buildings.
    (4)  The following are exempt from the provisions of this chapter:
    (a)  Equipment used primarily for industrial chemical process purposes and
    for mineral extraction and mineral processing purposes. This exemption
    shall not include  the erection and fabrication of new boilers, pressure
    vessels and other equipment as required to condition the building for
    personnel comfort and safety. Equipment in this regard shall mean and
    shall be limited to facilities or installations for heating, ventilating,
    air conditioning, refrigerating equipment, elevators, dumbwaiters,
    escalators, and boilers and pressure vessels associated with building
    heating systems.
    (b)  Modular buildings as defined in subsection (12) of section 39-4105,
    Idaho Code, that are constructed in the state of Idaho for installation on
    building sites outside the state; provided however, that no modular
    building shall be installed on a building site in the state of Idaho until
    it has been approved and bears the insignia of approval of the division as
    being in compliance with the requirements set forth in section 39-4121,
    Idaho Code.