54-2601. DECLARATION OF POLICY AND PURPOSE OF ACT — IDAHO STATE PLUMBING CODE. (1) The purpose of this act is to provide certain minimum standards and requirements for the use of and the design, construction, installation, improvement, extension and alteration of materials, piping, venting, fixtures, appliances and appurtenances in relation to plumbing and plumbing systems hereinafter defined, and to provide that all plumbing and plumbing systems in the state shall be designed, constructed, installed, improved, extended and altered in substantial accord with the uniform plumbing code published by the international association of plumbing and mechanical officials, and as it shall be amended, revised, compiled and published from time to time and as subsequent editions, amendments or revisions thereto shall be adopted by the Idaho plumbing board through the negotiated rulemaking process. Any amendments, revisions or modifications made to the uniform plumbing code by the board shall be made by administrative rules promulgated by the board. The uniform plumbing code together with any amendments, revisions or modifications made by the board shall collectively constitute and be named the Idaho state plumbing code. The board shall conduct a minimum of two (2) public hearings with notice of such public hearings provided in accordance with the provisions of section 74-204, Idaho Code.

(2) Cities electing to implement a plumbing code enforcement program shall do so only in compliance with the provisions of this section. Cities may elect to implement a plumbing enforcement program by passing an ordinance evidencing the intent to do so. Cities that perform plumbing code enforcement activities shall, except as provided in subsection (3) of this section, by ordinance adopt the uniform plumbing code together with any amendments thereto made by the board, which shall collectively constitute and be named the Idaho state plumbing code. The effective date of any edition of the code adopted by the board shall be January 1 of the year following its adoption.

(3) Cities may further amend the Idaho state plumbing code adopted by the board in conformance with this section to address local concerns provided that such amendments prescribe at least an equivalent level of protection to that contained in the uniform plumbing code. Provided however, that no code other than the uniform plumbing code together with any amendments, revisions or modifications made by the board which collectively constitute the Idaho state plumbing code may serve as the minimum standard for plumbing installations in such city. A city electing to amend the Idaho state plumbing code as adopted by the board may do so only after a finding by the city that good cause exists for such an amendment and that such amendment is reasonably necessary. Prior to making a finding of good cause for such an amendment, the city shall conduct a public hearing. Notice of the time and place of the public hearing shall be published in the official newspaper or paper of general circulation within the city. Written notice of such public hearing and the text of the proposed amendment shall be given by the city to the board not less than thirty (30) days prior to such hearing.

(4) The remaining provisions of this act shall not apply, except as hereinafter provided, to cities if such cities enact ordinances or codes prescribing the Idaho state plumbing code and amendments it may make thereto in accordance with this section for all plumbing installations which shall be considered the equal minimum standards, and requirements including the enforcement thereof as provided by this act.

History:

[(54-2601) 39-2701, added 1957, ch. 214, sec. 1, p. 454; am. 1963, ch. 138, sec. 1, p. 392; am. 1975, ch. 120, sec. 1, p. 250; am. and redesig. 1984, ch. 123, sec. 1, p. 282; am. 2012, ch. 53, sec. 1, p. 151; am. 2015, ch. 141, sec. 147, p. 493.]