2005 Idaho 39-4116 — LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 41
                           IDAHO BUILDING CODE ACT
    39-4116.  LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1)
Local governments enforcing building codes shall do so only in compliance with
the provisions of this section. Local governments that have not previously
instituted and implemented a code enforcement program prior to the effective
date of this act may elect to implement a building code enforcement program by
passing an ordinance evidencing the intent to do so. Local governments may
contract with a public or private entity to administer their building code
enforcement program.
    (2)  By January 1, 2005, local governments that issue building permits and
perform building code enforcement activities shall, by ordinance, adopt the
following codes as published by the International Code Council together with
any amendments or revisions set forth in section 39-4109, Idaho Code:
    (a)  International Building Code, including all rules promulgated by the
    board to provide equivalency with the provisions of the Americans with
    disabilities act accessibility guidelines and the federal fair housing act
    accessibility guidelines;
    (b)  International Residential Code, parts I-IV and IX; and
    (c)  International Energy Conservation Code.
Local governments are not required by this chapter to adopt the other
referenced codes in the International Building Code.
    (3)  Local governments may amend by ordinance the adopted codes or
provisions of referenced codes to reflect local concerns, provided such
amendments establish at least an equivalent level of protection to that of the
adopted building code. A local jurisdiction shall not have the authority to
amend any accessibility provision pursuant to section 39-4109, Idaho Code.
    (4)  Local governments shall exempt agricultural buildings from the
requirements of the codes enumerated in this chapter and the rules promulgated
by the board. A county may issue permits for farm buildings to assure
compliance with road setbacks and utility easements, provided that the cost
for such permits shall not exceed the actual cost to the county of issuing the
permits.
    (5)  Permits shall be governed by the laws in effect at the time the
permit application is received.
    (6)  The division shall retain jurisdiction for in-plant inspections and
installation standards for manufactured or mobile homes and for in-plant
inspections and enforcement of construction standards for modular buildings
and commercial coaches.