2005 Idaho Code - 54-2607 — ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY -- POWERS AND DUTIES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 26
                            PLUMBING AND PLUMBERS
    54-2607.  ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY -- POWERS AND
DUTIES. (1) The administrator shall exercise such powers and duties as are
reasonably necessary to enforce the minimum standards provided in this
chapter, and he may among other things:
    (a)  Prescribe and establish procedures to effectuate the efficient
    enforcement of this chapter not herein prescribed.
    (b)  Serve as secretary to the Idaho plumbing board.
    (c)  Appoint licensed staff inspectors who shall be authorized to enter
    and inspect by and through a properly identified person, at reasonable
    hours, plumbing and plumbing systems.
    (d)  Make plumbing inspections for another state or local jurisdiction
    upon request by an appropriate building official. Such inspections shall
    be made in accordance with the applicable plumbing codes of the requesting
    jurisdiction. Fees charged for such inspection services shall be as
    provided in the rules promulgated by the board.
    (e)  Summon witnesses to appear and testify before him on any matter
    within the provisions of this chapter. No person shall be required to
    testify outside the county wherein he resides or where his principal place
    of business is located. Such summons to testify shall be issued and served
    in like manner as a subpoena to witness issued from the district court, or
    in other manner consistent with the procedure of the division of building
    safety. In case any witness shall fail or refuse to appear and testify
    upon being summoned as herein provided, the clerk of the district court of
    the county shall upon demand by the administrator or his designated agent,
    issue a subpoena reciting the demand therefor and summoning the witness to
    appear and testify at a time and place fixed. Violation of such subpoena
    or disobedience thereto shall be deemed and punished as a violation of any
    other subpoena issued from the district court.
    (f)  Administer oaths and take affirmations of witnesses appearing before
    him; and have the power to appoint competent persons to issue subpoenas,
    administer oaths and take testimony.
    (g)  Impose civil penalties as provided in this chapter and the rules of
    the Idaho plumbing board.
    (h)  In addition to any other penalties specified in this chapter,
    whenever any person violates the provisions of this chapter and the rules
    of the Idaho plumbing board, the administrator may maintain an action in
    the name of the state of Idaho to enjoin that person from any further
    violations. Such action may be brought either in the county in which the
    acts are claimed to have been or are being committed, or in the county
    where the defendant resides, or in Ada county.
         (i)   Upon the filing of a certified complaint in the district court,
         the court, if satisfied that the acts complained of have been, or
         probably are being, or may be committed, may issue a temporary
         restraining order, or a preliminary injunction, or both, without
         bond, enjoining the defendant from the commission of any such act or
         acts constituting the violation.
         (ii)  A copy of the complaint shall be served upon the defendant and
         the proceedings shall thereafter be conducted as in other similar
         civil actions.
         (iii) If the commission of the act or acts is established, the court
         shall enter a decree permanently enjoining the defendant from
         committing such act or acts. If an injunction issued under the
         provisions of this section is violated, the court, or the judge
         thereof at chambers, may summarily try and punish the offender for
         contempt of court.
    (2)  It shall be the duty of the administrator to give notice to cities
which supply sewer service to areas outside their city limits and who have
requested in writing such notice from the administrator of all permits issued
relative to sewer installations. The notice  shall be given within ten (10)
days from the date the permit was requested for such installation. The notice
shall contain a map of the physical location of the installation and reference
to the date of inspection if the city so requests.