2005 Idaho Code - 39-4107 — POWERS AND DUTIES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 41
                           IDAHO BUILDING CODE ACT
    39-4107.  POWERS AND DUTIES. (1) The board shall continually study the
operation of adopted codes, standards and rules relating to the construction
of buildings or facilities under the jurisdiction of the division to ascertain
their effect upon the public safety and shall support an ongoing effort to
promote the uniform adoption, application and interpretation of safety,
accessibility and building codes statewide. The board shall have the authority
to adopt and enforce the codes specified in section 39-4109, Idaho Code, or
later editions of such codes, and to promulgate rules in accordance with
chapter 52, title 67, Idaho Code, to implement the provisions of this chapter.
    (2)  The board shall function as a board of appeals for the division as
prescribed in the adopted building code. The board shall have no authority to
waive any requirements of the codes enumerated in this chapter or in rules
promulgated pursuant to this chapter. Provided further:
    (a)  The decisions of the board shall be final, and the board shall render
    all decisions and findings in writing to the appellant and the
    administrator within ten (10) working days of the conclusion of a hearing;
    and
    (b)  For each appeal brought before the board, the chairman shall appoint
    not less than three (3) members of the board to hear the appeal and render
    a decision and finding in the name of the board.
    (3)  The board shall utilize experts, consultants, and technical advisors
for assistance and recommendations relative to codes, standards, and appeals.
    (4)  The administrator may make building code inspections for another
state or local jurisdiction upon request by an appropriate building official.
Such inspections shall be made in accordance with the applicable building
codes of the requesting jurisdiction. Fees charged for such inspection
services shall be as provided in rules promulgated by the board pursuant to
chapter 52, title 67, Idaho Code.
    (5)  Notwithstanding the exemptions provided in subsection (4)(b) of
section 39-4103, Idaho Code, the administrator may make inspections of modular
buildings constructed in Idaho upon written request from the manufacturer.
    (a)  Such inspections shall be made in accordance with the codes adopted
    in this chapter.
    (b)  Inspection fees shall be as promulgated in board rule and  shall be
    paid prior to the inspection.
    (c)  The administrator of the division of building safety may issue an
    insignia of approval if the buildings are in compliance with the
    requirements set forth in section 39-4121, Idaho Code.

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