H 660 — BUILDING CODES – Amends and adds to existing law to provide for the adoption of the Idaho Energy Conservation Code.

660660, As Amended in the Senate BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE ENERGY CONSERVATION CODE;

AMENDING SECTION 39-4109, IDAHO CODE, TO PROVIDE FOR THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES,LICENSES AND TO PROVIDE FOR THE ADOPTION OF THE 2018 INTERNATIONAL BUILDING CODE, THE 2018 INTER- NATIONAL RESIDENTIAL CODE, AND THE IDAHO ENERGY CONSERVATION CODECODE; AND TO REVISE PROVISIONS REGARDING APPLICATION OF CODES;

AMENDING SECTION 39-4116, IDAHO CODE, TO PROVIDE FOR THE ADOPTION OF THE 2018 INTERNA- TIONAL BUILDING CODE, THE 2018 INTERNATIONAL RESIDENTIAL CODE, AND THE IDAHO ENERGY CONSERVATION CODE,CODE AND TO REVISEREMOVE PROVISIONS REGARDING ADOP-LOCAL TIONJURISDICTIONS; OF CERTAIN CODES, AND TO MAKE TECHNICAL CORRECTIONS;

(1) On and after July 1, 2022, the Idaho state energy code shall be the 2018 international energy con-conservation servation code, as amended, revised, or modified by the Idaho building code board and approved by the legislature.

The international energy conserva-con- tionservation code, together with such amendments, revisions, or modifications as approved by the Idaho building code board through rulemaking conducted pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and approved by the legislature shall collec-collectively tively constitute and be named the Idaho energy conservation code and shall be deemed approved by the Idaho building code board and the legislature.

(1) The following codes are hereby adopted for the state of Idaho division of building safety occupational and professional licenses and shall only be applied by local governments only as prescribedpre- scribed by section 39-4116, Idaho Code:

(a) The 2006 2018 International Building Code shall be in effect, un-until til such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent versions of the International Building Code as adopted and as amended by the Idaho building code board through the negotiated rulemaking process as established in section 67-5221, Idaho Code, and as further provided in subsection (5(5) 4) of this section and in accordance with subsections (2) and (3) of this section shall be in effect:

and (iii) Including the 2018 incorporated Idaho residential code, parts I, II, III and IX;

2018 Idaho energy conservation codecode; pursuant to section 39-9701, Idaho Code ;

and rules promulgatedpromul- gated by the board to provide equivalency with the provisions of the Amer-Americans icans with disabilities act accessibility guidelines and the fair housing act accessibility guidelines shall be included.

(b) The version of the 2018 International Residential Code adopted by the Idaho building code boardboard, , together with the amendments, revisions or modifications adopted by the Idaho building code board through the negotiatedne- gotiated rulemaking process, except for parts IV, V, VI, VII and VIII, as they pertain to energy conservation, mechanical, fuel gas, plumb- ing and electrical requirements, shall collectively constitute and be named the 2018 Idaho residential code.

The Idaho residential code shall be in effect until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent version of the Idaho residential code, as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this section,sec- tion, shall be in effect.

Any amendments, revisions or modifica-modifications tions made to the 2018 Idaho residential code by the board shall be made by administrativeadminis- trative rules promulgated by the board;

and (c) The version of the International Energy Conservation Code adopted by the Idaho building code board, together with the amendments, dele - tions or additions adopted by the Idaho building code board through the negotiated rulemaking process provided in this chapter, shall be in effect.

The International Energy Conservation Code, together with any amendments, revisions or modifications made by the board, shall colcollec - lectivelytively constitute and be named the Idaho energy conservation code.

The Idaho energy conservation code shall be in effect until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent versions of the Idaho energy conservation code, as adopted and amended by the Idaho building code board through the negotiatednego - tiated rulemaking process provided in this section, shall be in effect.

Any amendments, revisions or modifications made to the Idaho energy conservation code by the board shall be made by administrative rules promulgated by the board;board The 2018 Idaho energy conservation code, as amended, revised, or modified by the Idaho building code board and ap- proved by the legislature pursuant to section 39-9701, Idaho Code;

and (d) The 2006 2018 International Existing Building Code as published by the International Code Council shall be in effect until such time as a subsequentsub- sequent version is adopted by the Idaho building code board, at which time the subsequent versions of the International Existing Building Code, as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this section, shall be in effecteffect. .

(3) No amendments to the 2018 Idaho residential building code shall be made by the Idaho building code board that provide for standards that are more restrictivere- strictive than those published by the International Code Council.

(4) Any edition of the building codes adopted by the board will take efef- - fect on January 1 of the year following its adoption.

(2) Local governments that issue building permits and perform build- ing code enforcement activities shall, by ordinance effective January 1 of the year following the adoption by the Idaho building code board, 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, includingin- cluding subsequent versions of the International Building Code as adopted and amended by the Idaho building code board through the negotiated rulemak- ing process or as provided in this chapter:

(a) 2018 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) 2018 Idaho residential code, parts I-III and IX;

and (c) 2018 Idaho energy conservation codecode, pursuant to chapter 97, title 39, Idaho Code .

Local jurisdictions shall not adopt provisions, chapters, sections or parts of subsequent versions of the International Residential Code or residential provisions of the International Energy Conservation Code, or subsequent versions in their entirety, that have not been adopted by the Idaho building code board in section 39-4109, Idaho Code, except as provided in subsection (4) of this section.

(3) All single-single family homes and multiple-familymultiple family dwellings up to two (2) units are hereby exempted from the provisions of the International Fire Code, the International Building Code and the Idaho residential code that require such dwellings to have automatic fire sprinkler systems installed.

A local jurisdicjurisdic- - tion shall not have the authority to amend any accessibility provision purpur- - suant to section 39-4109, Idaho Code, except as provided in this subsection.

Local governments may amend by ordinance as provided in this subsection.

(d) Local jurisdictions may amend by ordinance the following provi-provi - sions of the Idaho energy conservation code to reflect local concerns:

(e) Local jurisdictions may amend the remainder of Part III of the 2018 Idaho residential code if they find that good cause for building or life safety exists for such an amendment to such codes and that such amend- ment is reasonably necessary.

Amendments shall be adopted by ordinance in accordance with the provisions of chapter 9, title 50, Idaho Code, or chapter 7, title 31, Idaho Code, and provided further that such local jurisdiction shall conduct a public hearing and, provided further, that notice of the time and place of the public hearing shall be published in the official newspaper or paper of general circulation within the jurisdiction and written notice of each of such public hearing and the proposed language shall be given by the local jurisdiction to the lo- cal chapters of the entities identified in section 39-4109(539-4109(5), 4), Idaho Code, not less than thirty (30) days prior to such hearing.

In the event that there are no local chapters of such entities identified in sectionsec- 39-4109(5tion 4),39-4109(5), Idaho Code, within the local jurisdiction holding the hearings, the notice shall be provided to the state associations of the respective entities.