Amends and adds to existing law to provide for state-certified private inspections.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1415 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO ELECTRICAL, PLUMBING, AND HVAC INSPECTIONS; PROVIDING LEGISLA-2 TIVE INTENT; AMENDING CHAPTER 26, TITLE 67, IDAHO CODE, BY THE ADDITION3 OF A NEW SECTION 67-2616, IDAHO CODE, TO ESTABLISH PROVISIONS REGARD-4 ING STATE-CERTIFIED PRIVATE INSPECTORS; AMENDING SECTION 54-1001B,5 IDAHO CODE, TO PROVIDE FOR STATE-CERTIFIED PRIVATE INSPECTORS ON AND6 AFTER A CERTAIN DATE; REPEALING SECTION 54-1001C, IDAHO CODE, RELAT-7 ING TO INSPECTIONS WITHIN MUNICIPALITIES WHEN AUTHORIZED; REPEALING8 SECTION 54-1001D, IDAHO CODE, RELATING TO INSPECTIONS OF MODULAR BUILD-9 INGS; AMENDING CHAPTER 10, TITLE 54, IDAHO CODE, BY THE ADDITION OF A10 NEW SECTION 54-1001E, IDAHO CODE, TO PROVIDE FOR STATE-CERTIFIED PRI-11 VATE INSPECTORS; AMENDING SECTION 54-1003, IDAHO CODE, TO PROVIDE FOR12 STATE-CERTIFIED PRIVATE INSPECTORS; AMENDING SECTION 54-1003A, IDAHO13 CODE, TO DEFINE A TERM; REPEALING SECTION 54-1004, IDAHO CODE, RELAT-14 ING TO INSPECTION OF ELECTRICAL INSTALLATIONS, NOTICE OF CORRECTIONS,15 AND DISCONNECTING ELECTRICAL SERVICE; REPEALING SECTION 54-1005,16 IDAHO CODE, RELATING TO RULES, INSPECTIONS, AND ELECTRICAL PERMITS17 AND FEES; AMENDING CHAPTER 10, TITLE 54, IDAHO CODE, BY THE ADDITION18 OF A NEW SECTION 54-1005, IDAHO CODE, TO ESTABLISH PROVISIONS REGARD-19 ING RULES AND ELECTRICAL PERMITS AND FEES; AMENDING SECTION 54-1006,20 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE IDAHO ELECTRICAL BOARD;21 AMENDING SECTION 54-1007, IDAHO CODE, TO PROVIDE FOR THE QUALIFICA-22 TIONS OF STATE-CERTIFIED PRIVATE INSPECTORS; AMENDING SECTION 54-1008,23 IDAHO CODE, TO PROVIDE FOR STATE-CERTIFIED PRIVATE INSPECTORS; AMEND-24 ING SECTION 54-1009, IDAHO CODE, TO PROVIDE FOR THE DISCIPLINE OF25 CERTIFICATIONS; AMENDING SECTION 54-1017, IDAHO CODE, TO PROVIDE FOR26 STATE-CERTIFIED PRIVATE INSPECTORS; REPEALING SECTION 54-1019, IDAHO27 CODE, RELATING TO QUALIFICATIONS OF INSPECTORS; AMENDING CHAPTER 10,28 TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-1019, IDAHO29 CODE, TO PROVIDE FOR QUALIFICATIONS OF INSPECTORS; REPEALING SECTION30 54-2601, IDAHO CODE, RELATING TO THE DECLARATION OF POLICY AND PURPOSE31 OF THE IDAHO STATE PLUMBING CODE; AMENDING CHAPTER 26, TITLE 54, IDAHO32 CODE, BY THE ADDITION OF A NEW SECTION 54-2601, IDAHO CODE, TO ESTAB-33 LISH A DECLARATION OF POLICY AND PURPOSE OF THE IDAHO STATE PLUMBING34 CODE; AMENDING SECTION 54-2606, IDAHO CODE, TO PROVIDE FOR STATE-CERTI-35 FIED PRIVATE INSPECTORS AND TO PROVIDE A SUNSET DATE; AMENDING SECTION36 54-2607, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE POWERS AND37 DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PRO-38 FESSIONAL LICENSES; AMENDING SECTION 54-2608, IDAHO CODE, TO PROVIDE39 FOR STATE-CERTIFIED PRIVATE INSPECTORS; REPEALING SECTION 54-2620,40 IDAHO CODE, RELATING TO PERMITS REQUIRED AND EXCEPTIONS; REPEALING41 SECTION 54-2622, IDAHO CODE, RELATING TO PERMITS, APPLICATIONS, AND42 REQUIREMENTS; REPEALING SECTION 54-2623, IDAHO CODE, RELATING TO FEES,43 PERMITS, AND INSPECTIONS; AMENDING SECTION 54-2624, IDAHO CODE, TO44 REVISE PROVISIONS REGARDING INSPECTIONS; REPEALING SECTION 54-2626,45

2 IDAHO CODE, RELATING TO NOTIFICATIONS AND FEES FOR REINSPECTION; AMEND-1 ING SECTION 54-2627, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE2 QUALIFICATIONS OF INSPECTORS; REPEALING SECTION 54-5005, IDAHO CODE,3 RELATING TO THE POWERS AND DUTIES OF THE HEATING, VENTILATION AND AIR4 CONDITIONING BOARD; AMENDING CHAPTER 50, TITLE 54, IDAHO CODE, BY THE5 ADDITION OF A NEW SECTION 54-5005, IDAHO CODE, TO ESTABLISH POWERS AND6 DUTIES OF THE HEATING, VENTILATION AND AIR CONDITIONING BOARD; REPEAL-7 ING SECTION 54-5006, IDAHO CODE, RELATING TO THE ADMINISTRATOR OF THE8 DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES; AMENDING CHAPTER9 50, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-5006, IDAHO10 CODE, TO PROVIDE FOR THE ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL11 AND PROFESSIONAL LICENSES; REPEALING SECTION 54-5016, IDAHO CODE,12 RELATING TO PERMITS, EXCEPTIONS, AND LOCAL GOVERNMENT FEES; AMEND-13 ING CHAPTER 50, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION14 54-5016, IDAHO CODE, TO PROVIDE FOR PERMITS AND LOCAL GOVERNMENT FEES;15 REPEALING SECTION 54-5017, IDAHO CODE, RELATING TO PERMITS, APPLICA-16 TIONS, AND FEES; AMENDING SECTION 54-5018, IDAHO CODE, TO PROVIDE FOR17 STATE-CERTIFIED PRIVATE INSPECTORS; REPEALING SECTION 54-5020, IDAHO18 CODE, RELATING TO REQUESTS FOR INSPECTION AND FEES FOR REINSPECTION;19 AMENDING CHAPTER 50, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SEC-20 TION 54-5020, IDAHO CODE, TO PROVIDE FOR LOCAL GOVERNMENT INSPECTIONS;21 REPEALING SECTION 54-5021, IDAHO CODE, RELATING TO THE APPOINTMENT AND22 QUALIFICATION OF INSPECTORS; PROVIDING SEVERABILITY; AND DECLARING AN23 EMERGENCY AND PROVIDING EFFECTIVE DATES.24

Be It Enacted by the Legislature of the State of Idaho:25

SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature that26 on and after July 1, 2030, electrical, plumbing, and HVAC inspections no27 longer be performed by the Division of Occupational and Professional Li-28 censes. Instead, the Legislature finds that it would be advantageous and29 more efficient for such inspections, if not being otherwise provided for by30 local jurisdictions, to be performed by private inspectors who are certified31 by the Division of Occupational and Professional Licenses.32 This legislation provides for a transition period between October 1,33 2026, and July 1, 2030. During the transition period, electrical, plumb-34 ing, and HVAC inspections may be performed either by state inspectors or by35 state-certified private inspectors.36 It is further the intent of the Legislature that nothing in this act37 shall be construed to alter or repeal any building, electrical, plumbing, or38 HVAC code adopted by the state or any political subdivision. Any inspection39 conducted pursuant to this act shall comply with the applicable code in ef-40 fect at the time of inspection.41

SECTION 2. That Chapter 26, Title 67, Idaho Code, be, and the same is42 hereby amended by the addition thereto of a NEW SECTION, to be known and des-43 ignated as Section 67-2616, Idaho Code, and to read as follows:44 67-2616. STATE-CERTIFIED PRIVATE INSPECTORS. (1) On and after October45 1, 2026, the division shall implement a program to provide for the certifica-46 tion of private electrical, plumbing, and heating, ventilation, and air con-47

3 ditioning (HVAC) inspectors that allows for private inspectors to apply to1 the division to become certified to conduct electrical, plumbing, and HVAC2 inspections. A person desiring a certification to perform inspections as a3 state-certified private inspector shall make an application for such certi-4 fication to the division in the form to be prescribed by the division. An5 original application for a private inspector certification or a reinstate-6 ment shall be accompanied by a fee not to exceed one hundred twenty-five dol-7 lars ($125).8 (2) Electrical inspectors who apply for certification as state-certi-9 fied private inspectors shall be certified if they are qualified pursuant10 to section 54-1019, Idaho Code. Before applying for a certification to per-11 form electrical inspections, the applicant shall provide the division with12 a passing score on the applicable international code council electrical in-13 spector exam or any other inspector exam determined by the electrical board14 to be substantially equivalent.15 (3) Plumbing inspectors who apply for certification as state-certified16 private inspectors shall be certified by the division if they are qualified17 pursuant to section 54-2627, Idaho Code. Before applying for a certifica-18 tion to perform plumbing inspections, the applicant shall provide the divi-19 sion with a passing score on the international association of plumbing and20 mechanical officials plumbing inspector exam or any other inspector exam de-21 termined by the plumbing board to be substantially equivalent.22 (4) HVAC inspectors who apply for certification as state-certified23 private inspectors shall be certified by the division if they are qualified24 pursuant to section 54-5021(2) and (3), Idaho Code. Before applying for a25 certification to perform HVAC inspections, the applicant shall provide the26 division with a passing score on the international code council mechanical27 inspector exam or any other inspector exam determined by the HVAC board to be28 substantially equivalent.29 (5) Certifications issued by the division pursuant to this section30 shall be valid for three (3) years. The renewal fee for a certification is-31 sued pursuant to this section shall not exceed one hundred dollars ($100).32 (6) The division shall maintain and make available to the public a reg-33 istry of state-certified private inspectors and the types of inspections34 that such inspectors are certified to perform.35 (7) A local jurisdiction shall not be required to provide for state-36 certified private inspectors. However, a local jurisdiction that provides37 for state-certified private inspectors to perform inspections shall not re-38 quire a state-certified private inspector to obtain any additional certifi-39 cation or registration or require payment of any fees in order for any state-40 certified private inspector to conduct inspections within the local juris-41 diction. A local jurisdiction that authorizes the use of state-certified42 private inspectors shall be held harmless from any and all liability relat-43 ing to delays or lack of availability of state-certified private inspectors.44 (8) A state-certified private inspector shall carry proof of state cer-45 tification whenever such inspector is conducting an inspection. It shall be46 unlawful for any person to act as a state-certified private inspector if such47 person is not certified by the division of occupational and professional li-48 censes. Notwithstanding any other provision of law, a state-certified pri-49 vate inspector shall not be required to maintain any underlying trade li-50

4 cense solely to perform the work of providing state-certified private in-1 spections.2 (9) The division shall be authorized to take any appropriate action3 against a state certification, subject to the provisions of chapter 52, ti-4 tle 67, Idaho Code, in any of the following circumstances:5 (a) An inspector employed fraud or deception, made a misrepresentation6 or misstatement, or employed any unlawful means in applying for or se-7 curing certification as an inspector;8 (b) An inspector has been convicted of or has engaged in conduct consti-9 tuting a violation of public laws, ordinances, or rules of this state,10 or any subdivision thereof, relevant to inspections;11 (c) An inspector has engaged in any other conduct whether of the same12 or a different character than described in this subsection that consti-13 tutes dishonest or dishonorable dealings;14 (d) An inspector has been adjudged mentally incompetent by a court of15 competent jurisdiction; or16 (e) An inspector interfered with an investigation or disciplinary pro-17 ceeding by a willful misrepresentation of facts or by the use of threats18 or harassment against any person to prevent such person from providing19 evidence in a disciplinary proceeding, investigation, or other legal20 action instituted in accordance with this chapter.21 (10) A state-certified private inspector shall conduct an inspection22 pursuant to the applicable code in effect at the time of any such inspection.23 (11) A state-certified private inspector shall not conduct an inspec-24 tion relating to electrical, plumbing, or HVAC work occurring on property25 that the inspector or a related person has a direct or indirect ownership in-26 terest in or for work that was performed by or under the supervision of:27 (a) Such inspector;28 (b) A related person; or29 (c) A person employed or contracted by a business in which the inspec-30 tor or a related person has a direct or indirect economic interest. As31 used in this section, "related person" means an inspector's employee,32 employer, business, business partner, business associate, or any per-33 son related to the inspector by affinity within the first degree.34 (12) Between October 1, 2026, and June 30, 2030, the division shall em-35 ploy state inspectors and shall provide for the certification of private in-36 spectors. On and after July 1, 2030, the division shall no longer conduct37 electrical, plumbing, or HVAC inspections or employ inspectors for such pur-38 poses.39 (13) The division may promulgate rules, subject to legislative ap-40 proval, to effectuate the provisions of this section.41

SECTION 3. That Section 54-1001B, Idaho Code, be, and the same is hereby42 amended to read as follows:43 54-1001B. STATE INSPECTION PROVISIONS INAPPLICABLE WHEN INSTALLATION44 COVERED BY MUNICIPAL ORDINANCE. (1) The provisions of this chapter relat-45 ing to state inspection, except as provided in section 54-1001C, Idaho Code,46 shall not apply:47 (a) Within cities or counties that, by ordinance or building code, pre-48 scribe the manner in which wires or equipment to convey current and ap-49

5 paratus to be operated by such current shall be installed, provided that1 the provisions of the Idaho electrical code are used as the standard in2 the preparation of such ordinances or building codes and provided that3 actual inspections are made; or4 (b) Within cities or counties that receive inspections from another5 city or county that conducts inspections pursuant to paragraph (a) of6 this subsection, provided that the provisions of the Idaho electrical7 code shall be used as the standard for such inspections.8 (2) A city or county that conducts electrical code enforcement inspec-9 tions shall do so only in compliance with the provisions of this section.10 (3) A city or county that has not previously instituted and implemented11 an electrical code enforcement program prior to the effective date of this12 act may elect to implement such a program by passing an ordinance evidencing13 the intent to do so. A city or county may contract with a public or private14 entity to administer its electrical code enforcement program pursuant to the15 provisions of this section.16 (4) A city or county that chooses to conduct its own electrical code en-17 forcement inspections or to receive such inspections from another city or18 county shall provide the division of occupational and professional licenses19 notice of such decision in writing at least thirty (30) days prior to imple-20 mentation.21 (5) A city or county that terminates a permitting and inspection pro-22 gram established pursuant to this section shall notify the division of oc-23 cupational and professional licenses in writing of its intent to terminate24 such program. Upon termination of a city or county permitting and inspection25 program, the division of occupational and professional licenses shall pro-26 vide electrical code enforcement services in the jurisdiction for a minimum27 of one (1) year.28 (6) Notwithstanding any provision of law to the contrary, on and af-29 ter July 1, 2030, inspections under the state electrical code shall be con-30 ducted by state-certified private inspectors if not otherwise provided for31 by a city or county pursuant to the provisions of this section.32

SECTION 4. That Section 54-1001C, Idaho Code, be, and the same is hereby33 repealed.34

SECTION 5. That Section 54-1001D, Idaho Code, be, and the same is hereby35 repealed.36

SECTION 6. That Chapter 10, Title 54, Idaho Code, be, and the same is37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-38 ignated as Section 54-1001E, Idaho Code, and to read as follows:39 54-1001E. CERTIFIED PRIVATE INSPECTORS. (1) Notwithstanding any40 other provision of law to the contrary, as provided for in section 67-2616,41 Idaho Code, between October 1, 2026, and June 30, 2030, the division shall42 provide for both state inspections and state-certified private inspectors.43 (2) On and after July 1, 2030, the division shall no longer conduct44 electrical inspections or employ inspectors for such purposes.45 (3) On and after July 1, 2030, all inspections under the Idaho state46 electrical code shall be conducted by state-certified private inspectors as47

6 provided for in this section unless such inspections are conducted by a city1 or county pursuant to a municipal ordinance in accordance with the provi-2 sions of section 54-1001B, Idaho Code.3 (4) State-certified private inspectors shall be qualified pursuant to4 section 54-1019, Idaho Code.5

SECTION 7. That Section 54-1003, Idaho Code, be, and the same is hereby6 amended to read as follows:7 54-1003. ADMINISTRATOR AUTHORITY. (1) Only the administrator of the8 division of occupational and professional licenses of the state of Idaho is9 authorized and empowered to conduct examinations and to pass upon the qual-10 ifications of applicants and to grant and issue licenses, or registrations,11 or certifications to such applicants as are found to be qualified to engage12 in the trade, business, or calling of a residential electrician, journeyman13 electrician, electrical contractor, master electrician, provisional jour-14 neyman electrician, limited electrical installer, limited electrical con-15 tractor, limited electrical installer trainee, or apprentice electrician,16 or state-certified private inspector in the manner and upon the terms and17 conditions hereinafter provided.18 (2) No licenses, or registrations, or certifications granted hereunder19 shall be transferable. Licenses and registrations shall be issued upon the20 condition that the holder thereof shall comply with all provisions of this21 chapter.22 (3) The administrator of the division of occupational and professional23 licenses is authorized to impose civil penalties as provided in this chap-24 ter.25

SECTION 8. That Section 54-1003A, Idaho Code, be, and the same is hereby26 amended to read as follows:27 54-1003A. DEFINITIONS. (1) Electrical Contractor. Except as pro-28 vided in section 54-1016, Idaho Code, any person, partnership, company,29 firm, association or corporation engaging in, conducting, or carrying on30 the business of installing wires or equipment to carry electric current31 or installing apparatus to be operated by such current, or entering into32 agreements to install such wires, equipment or apparatus, shall for the33 purpose of this chapter be known as an electrical contractor. An electrical34 contractor, prior to being issued a license, shall be required to provide35 proof of liability insurance in the amount of three hundred thousand dollars36 ($300,000) and proof of worker's compensation insurance if applicable.37 (2) Journeyman Electrician. Except as provided in section 54-1016,38 Idaho Code, and subsections (4), (5), (6), and (7) of this section, any39 person who personally performs or supervises the actual physical work of40 installing electrical wiring or equipment to convey electric current, or41 apparatus to be operated by such current, or engages in planning, lay out, or42 design of such wiring, equipment, or apparatus, or the supervision thereof,43 shall for the purpose of this chapter be known as a journeyman electrician.44 (3) Residential Electrician. Any person who personally performs or su-45 pervises the actual physical work of installing electrical wiring or equip-46 ment to convey electric current, or apparatus to be operated by such current47

7 in a residential setting, shall for the purposes of this chapter be known as1 a residential electrician. A residential electrician may work in a non-res-2 idential setting only as a registered apprentice electrician under the con-3 stant on-the-job supervision of a journeyman electrician.4 (4) Apprentice Electrician. Any person who, for the purpose of learn-5 ing the trade of residential electrician or journeyman electrician, engages6 in the installation of electrical wiring, equipment, or apparatus while un-7 der the constant on-the-job supervision of a qualified residential electri-8 cian, journeyman electrician, or master electrician shall for the purpose of9 this chapter be known as an apprentice electrician.10 (5) Maintenance Electrician. Any person who is regularly employed to11 service, maintain or repair electrical apparatus, or to make minor repairs12 or alterations to existing electrical wires or equipment located on his em-13 ployer's premises shall for the purpose of this chapter be known as a mainte-14 nance electrician.15 (6) Master Electrician. A person who has the necessary qualifications,16 training, experience and technical knowledge to plan, lay out or design the17 installation of electrical wiring or equipment, or to supervise such plan-18 ning, layout, or design, and who performs or supervises such planning, lay-19 out or design, shall for the purpose of this chapter be known as a master20 electrician.21 (7) Limited Electrical Installer. A person having the necessary quali-22 fications, training, experience and technical knowledge to install, alter,23 repair and supervise the installation, alteration or repair of special24 classes of electrical wiring, apparatus or equipment within categories25 adopted by the board. Limited electrical installers shall perform work only26 within the scope of the restricted category for which the person is licensed.27 (8) Limited Electrical Contractor. Except as provided in section28 54-1016, Idaho Code, any person, partnership, company, firm, association29 or corporation engaging in, conducting or carrying on the business of in-30 stalling, altering or repairing restricted categories of electrical wiring,31 apparatus or equipment within categories adopted by the board, or entering32 into agreements to perform such restricted work, shall for the purpose of33 this chapter be known as a limited electrical contractor. Limited electri-34 cal contractors shall perform work only within the scope of the restricted35 category for which the contractor is licensed. A limited electrical con-36 tractor, prior to being issued a license, shall be required to provide proof37 of liability insurance in the amount of three hundred thousand dollars38 ($300,000) and proof of worker's compensation insurance if applicable.39 (9) Limited Electrical Installer Trainee. Any person who engages in40 the installation of restricted categories of electrical wiring, equipment41 or apparatus under the constant on-the-job supervision of a qualified lim-42 ited electrical installer shall for the purpose of this chapter be known as a43 limited electrical installer trainee.44 (10) Electrical Facility Employer Account or Facility Account. An em-45 ployer licensed with the division of occupational and professional licenses46 who employs individuals holding valid journeyman or master electrician li-47 censes to perform alterations, extensions and new installations of electri-48 cal systems or components thereof on premises owned by the employer. The em-49

8 ployer may also employ maintenance electricians in accordance with section1 54-1016, Idaho Code.2 (11) Provisional Journeyman Electrician. Any person who has met the re-3 quirements of section 54-1007(4), Idaho Code, and who wishes to perform the4 actual physical work of installing electrical wiring or equipment to convey5 electric current, or apparatus to be operated by such current, while under6 the constant on-the-job supervision of a qualified residential electrician,7 journeyman electrician, or master electrician may upon application, for the8 purposes of this chapter, be known as a provisional journeyman electrician.9 (12) Residential Setting. For the purposes of this chapter, residen-10 tial setting means one (1) and two (2) family dwellings, townhouses, and11 multi-family structures up to three (3) stories.12 (13) State-certified private inspector. A person who has been certi-13 fied by the division of occupational and professional licenses pursuant to14 the provisions of this chapter and section 67-2616, Idaho Code, to conduct15 electrical inspections.16

SECTION 9. That Section 54-1004, Idaho Code, be, and the same is hereby17 repealed.18

SECTION 10. That Section 54-1005, Idaho Code, be, and the same is hereby19 repealed.20

SECTION 11. That Chapter 10, Title 54, Idaho Code, be, and the same is21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-22 ignated as Section 54-1005, Idaho Code, and to read as follows:23 54-1005. RULES -- ELECTRICAL PERMITS AND FEES. (1) The administrator24 of the division of occupational and professional licenses is hereby autho-25 rized and directed to promulgate rules, subject to legislative approval,26 consistent with this chapter for the administration of this chapter and27 to effectuate the purposes thereof, and for the examination and licensing28 of electrical contractors, residential electricians, journeyman electri-29 cians, master electricians, provisional journeyman electricians, limited30 electrical installers, limited electrical contractors, limited electrical31 installer trainees, apprentice electricians, and state-certified private32 inspectors.33 (2) Individuals, firms, cooperatives, corporations, or municipali-34 ties selling electricity, hereinafter known as the power supplier, shall35 not connect with or energize any electrical installation coming under the36 provisions of this chapter unless an inspection has been conducted covering37 the installation to be energized. Electrical installations approved by the38 board and addressed through administrative rules may be connected and ener-39 gized by the power supplier after the purchase of an electrical permit by a40 licensed electrical contractor.41 (3) It shall be unlawful for any person, partnership, company, firm,42 association, or corporation other than a power supplier to energize any43 electrical installation coming under the provisions of this chapter prior to44 the purchase of an electrical permit covering such installation.45

9

SECTION 12. That Section 54-1006, Idaho Code, be, and the same is hereby1 amended to read as follows:2 54-1006. IDAHO ELECTRICAL BOARD. (1) The Idaho electrical board,3 hereinafter known as the board, is hereby created and made a part of the4 division of occupational and professional licenses. It shall be the re-5 sponsibility and duty of the administrator of the division of occupational6 and professional licenses to administer and enforce the provisions of this7 chapter, and to serve as secretary to the Idaho electrical board.8 (2) The board shall consist of nine (9) members to be appointed by the9 governor and who shall serve at the pleasure of the governor. Two (2) members10 shall be licensed journeymen or master electricians; two (2) members shall11 be employees or officers of licensed electrical contractors; one (1) mem-12 ber shall be a licensed limited electrical installer or limited electrical13 contractor; one (1) member shall be an employee or officer of an electrical14 power provider; one (1) member shall be an employee or officer of a manufac-15 turing plant or other large power user; one (1) member shall be an employee or16 director of a manufacturer or distributor of electrical supplies or materi-17 als; and one (1) member shall be from the public at large not directly asso-18 ciated with the electrical industry. Board members shall be appointed for a19 term of four (4) years. Members of the board shall hold office until expira-20 tion of the term to which the member was appointed and until his successor has21 been duly appointed and qualified. Whenever a vacancy occurs, the governor22 shall appoint a qualified person to fill the vacancy for the unexpired por-23 tion of the term.24 (3) All members of the board shall be citizens of the United States,25 residents of this state for not less than two (2) years and shall be quali-26 fied by experience, knowledge and integrity in formulating rules for exami-27 nations, in passing on the fitness and qualifications of applicants for li-28 censure and in establishing standards for electrical products to be used in29 electrical installations coming under the provisions of this chapter.30 (4) The members of the board shall, every two (2) years, elect by major-31 ity vote of the members of the board a chairman who shall preside at meetings32 of the board and a vice chairman who shall preside at any board meeting in33 the event the chairman is not present. A majority of the members of the board34 shall constitute a quorum.35 (5) The board is authorized and directed to prescribe and amend rules,36 subject to legislative approval, consistent with this chapter for the ad-37 ministration of this chapter, and to effectuate the purpose thereof, and38 for the examination and licensing of electrical contractors, residential39 electricians, journeyman electricians, master electricians, provisional40 journeyman electricians, limited electrical installers, limited electri-41 cal contractors, limited electrical installer trainees, and apprentice42 electricians, and state-certified private inspectors. The board shall43 also establish the categories for limited electrical installers and limited44 electrical contractor licensing and. Prior to June 30, 2030, the board is45 authorized to establish the fees to be charged for permits and inspections46 of electrical systems. The board shall establish by administrative rule the47 fines to be paid for citations issued and shall hear appeals regarding the48 imposition of civil penalties for violations of this chapter and the rules49

10 of the Idaho electrical board. The board is authorized to affirm, reject,1 decrease or increase the penalty imposed by the administrator. However,2 in no case shall the penalty exceed one thousand dollars ($1,000) for each3 offense.4 (6) Each member of the board not otherwise compensated by public moneys5 shall be compensated as provided by section 59-509(n), Idaho Code.6

SECTION 13. That Section 54-1007, Idaho Code, be, and the same is hereby7 amended to read as follows:8 54-1007. ISSUANCE OF LICENSES -- RECIPROCITY. (1) The administrator9 shall issue licenses to such persons as have by examination shown themselves10 to be fit, competent and qualified to engage in the trade of residential11 electrician, journeyman electrician, limited electrical installer or mas-12 ter electrician as defined in section 54-1003A, Idaho Code, and to such13 persons, firms, partnerships, associations or corporations as have shown14 themselves to be fit, competent and qualified to engage in the business of15 electrical contracting or limited electrical contracting as defined in sec-16 tion 54-1003A, Idaho Code.17 (2) An apprentice electrician, as defined in section 54-1003A, Idaho18 Code, may take the journeyman's examination if he has completed the required19 related instruction for electrical apprentices as approved by the Idaho20 state board for career technical education, completion of which shall be21 evidenced by a certificate from an approved provider, and has worked the22 number of hours as prescribed by the Idaho electrical board, provided that23 for all the time he is claiming to have worked as an apprentice electrician,24 the apprentice shall have been registered with the division of occupational25 and professional licenses as an apprentice. The electrical board may by rule26 fix the apprentice registration fee, in an amount not to exceed the costs of27 issuing apprentice registration certificates and enforcing the apprentice28 registration provisions of this chapter, and may also by rule establish re-29 quirements relative to the manner of registration renewal, verification of30 employment, the number of instructional hours completed, and the number of31 hours worked.32 (3) Any person who has worked as a licensed journeyman for a period of33 not less than four (4) years and who has worked the number of hours as pre-34 scribed by rule of the board as a licensed journeyman electrician shall be35 considered as qualified to apply for a master electrician's license in this36 state. The Idaho electrical board, in establishing by rule the requirements37 for a master electrician's license, shall also take into account the appli-38 cant's performance as a journeyman electrician. When issuing a master elec-39 trician's license to a person, the administrator shall also issue a journey-40 man electrician's license to such person at no additional cost and without41 any additional requirements beyond those required to receive a master elec-42 trician's license.43 (4) Notwithstanding subsection (2) of this section, any person who can44 demonstrate eight (8) years of work experience, defined as a minimum of six-45 teen thousand (16,000) hours, making electrical installations on the job,46 shall be considered as qualified to apply for a journeyman electrician's li-47 cense in this state.48

11 (5) A person qualifies for a residential electrician license if he1 passes the residential electrician examination approved by the board, has2 completed a two (2) year course of related instruction for residential3 electrical apprentices as approved by the Idaho electrical board and the4 Idaho state board for career technical education, and submits proof of four5 thousand (4,000) hours of electrical experience as an Idaho-registered ap-6 prentice or in accordance with the requirements of the jurisdiction where7 the applicant obtained such experience. Completion of an approved course8 as required pursuant to this subsection shall be evidenced by a certificate9 from an approved provider. An applicant for a journeyman electrician li-10 cense may utilize the experience hours identified in this section toward the11 work experience requirement for a journeyman electrician license.12 (6) To the extent that other states that provide for the licensing13 of electricians require qualifications at least equal to those contained14 in this chapter, the administrator may enter reciprocal agreements with15 such other states to grant licenses to electricians licensed by such other16 states. The administrator, on the recommendation of the Idaho electrical17 board, may grant licenses to electricians licensed by such other states upon18 payment by the applicant of the required fee and upon furnishing proof to the19 board that the applicant has qualifications at least equal to those provided20 herein for applicants for written examinations. Applicants who qualify for21 a license under this subsection are not required to take a written examina-22 tion.23 (7) A provisional journeyman electrician, as defined in section24 54-1003A, Idaho Code, may take the residential electrician or journeyman25 electrician examination. Upon passing the examination, the administrator26 of the division of occupational and professional licenses shall issue the27 provisional journeyman electrician a residential or journeyman electri-28 cian's license.29 (8) Private inspectors shall be qualified to become state-certified30 private inspectors pursuant to this chapter if they are qualified pursuant31 to section 54-1019, Idaho Code.32

SECTION 14. That Section 54-1008, Idaho Code, be, and the same is hereby33 amended to read as follows:34 54-1008. DURATION OF LICENSE. (1) All licenses, including license35 renewals, for master electricians, residential electricians, journeyman36 electricians, and limited electrical installers, and state-certified pri-37 vate inspectors shall be issued for a period of three (3) years and shall38 expire three (3) years from the birthday of the licensee unless renewed,39 revoked, or suspended.40 (2) Electrical contractor and limited electrical contractor licenses41 shall be issued for a period of two (2) years and shall expire two (2) years42 from the birthday of the licensee unless renewed, revoked, or suspended.43 (3) Electrical apprentice registrations issued or renewed shall be is-44 sued for a period of two (2) years. No person shall be issued an apprentice45 license for more than five (5) two (2) year periods.46 (4) Limited electrical installer trainee registrations shall be issued47 for a period of three (3) years.48

12 (5) Facility account licenses shall be issued and renewed for a period1 of two (2) years.2 (6)(a) Provisional journeyman electrician's licenses shall be issued3 for a period of six (6) months and shall expire six (6) months from the4 date issued, during which time a provisional journeyman electrician5 shall apply for and take the journeyman electrician examination. A six6 (6) month renewal shall be issued upon application if:7 (i) The applicant has taken, but failed to pass, the journeyman8 electrician examination within the six (6) month period; or9 (ii) The applicant has failed to take the journeyman electrician10 examination within the six (6) month period and has shown that ex-11 ceptional circumstances prevented the applicant from taking the12 journeyman electrician examination.13 (b) A provisional journeyman electrician's license shall be issued and14 renewed only once. If the applicant fails to pass the journeyman elec-15 trician examination, or fails to take the journeyman electrician ex-16 amination, within one (1) year from the date of issue of a provisional17 journeyman electrician's license, the applicant is no longer eligible18 to apply for a provisional journeyman electrician's license.19 (7) Each licensing period and each registration period shall end at20 midnight on the last day of the month of the licensing or registration21 period. Licenses and registrations not renewed by this date shall have ex-22 pired.23 (8) The board shall promulgate rules to provide for a staggered system24 of issuing and renewing licenses.25

SECTION 15. That Section 54-1009, Idaho Code, be, and the same is hereby26 amended to read as follows:27 54-1009. REVOCATION OR SUSPENSION OF LICENSES OR CERTIFICATIONS --28 HEARINGS -- TAKING TESTIMONY. (1) The administrator shall have power to re-29 voke or suspend any license, or registration, or certification if the same30 was obtained through error or fraud, or if the holder thereof is shown to be31 grossly incompetent, or has willfully violated any of the rules prescribed32 by the board, or as prescribed in this chapter; or has, after due notice,33 failed or refused to correct, within the specified time, any electrical34 installation not in compliance with the provisions of this chapter, or has35 failed to pay within the time provided, civil penalties which have become36 final by operation of law.37 (2) The administrator shall have the power to suspend any electrical38 contractor or limited electrical contractor license if, at any time during39 the term of active contractor or limited contractor licensure, the licensee40 failed to maintain required liability insurance or applicable worker's com-41 pensation insurance.42 (3) Before any license or certification shall be revoked or suspended,43 the holder thereof shall have written notice enumerating the charges against44 him and shall be given a hearing by said administrator, and have an oppor-45 tunity to produce testimony in his behalf, at a time and place specified in46 said notice, which time shall not be less than five (5) days after the service47 thereof.48

13 (a) The proceedings shall be governed by the provisions of chapter 52,1 title 67, Idaho Code.2 (b) Any party aggrieved by the action of the administrator shall be en-3 titled to judicial review thereof in accordance with the provisions of4 chapter 52, title 67, Idaho Code.5 (4) The administrator shall have the power to appoint, by an order in6 writing, a hearing officer to take testimony, who shall have power to admin-7 ister oaths, issue subpoenas and compel the attendance of witnesses, and the8 decision of the administrator shall be based on his examination of the testi-9 mony taken and the records produced. Any person whose license or certifica-10 tion has been revoked may, after the expiration of one (1) year from the date11 of such revocation, but not before, apply for a new license or certification.12

SECTION 16. That Section 54-1017, Idaho Code, be, and the same is hereby13 amended to read as follows:14 54-1017. VIOLATIONS OF ACT A MISDEMEANOR. Any person, partnership,15 company, firm, association, or corporation who shall engage in the trade,16 business or calling of an electrical contractor, residential electrician,17 journeyman electrician, master electrician, limited electrical installer,18 limited electrical contractor, limited electrical installer trainee, or19 apprentice electrician, or state-certified private inspector without a20 license or required registration as provided for by this act, or who shall21 violate any of the provisions of this act or the rules of the Idaho elec-22 trical board or of the administrator of the division of occupational and23 professional licenses provided for in this chapter, or who shall refuse to24 perform any duty lawfully enjoined upon him by the administrator within the25 prescribed time, or who shall fail, neglect, or refuse to obey any lawful26 order given or made by the administrator shall be guilty of a misdemeanor.27 In addition, any such person, partnership, company, firm, association,28 or corporation shall be subject to the civil penalties established by ad-29 ministrative rule, but not to exceed three thousand dollars ($3,000) per30 violation. Each day of such violation shall constitute a separate offense.31 A violation will be considered a second or additional offense only if it oc-32 curs within one (1) year from the first violation.33

SECTION 17. That Section 54-1019, Idaho Code, be, and the same is hereby34 repealed.35

SECTION 18. That Chapter 10, Title 54, Idaho Code, be, and the same is36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-37 ignated as Section 54-1019, Idaho Code, and to read as follows:38 54-1019. QUALIFICATIONS OF INSPECTORS. All inspectors shall be39 skilled in electrical installations with not less than four (4) years of40 actual experience as a journeyman or master electrician, shall possess41 journeyman or master electrician licenses in the state of Idaho prior to42 appointment, and shall be fully familiar with the provisions of this chapter43 and rules made both by the administrator and the Idaho electrical board.44

14

SECTION 19. That Section 54-2601, Idaho Code, be, and the same is hereby1 repealed.2

SECTION 20. That Chapter 26, Title 54, Idaho Code, be, and the same is3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-4 ignated as Section 54-2601, Idaho Code, and to read as follows:5 54-2601. DECLARATION OF POLICY AND PURPOSE OF CHAPTER -- IDAHO STATE6 PLUMBING CODE. (1) The purpose of this chapter is to provide certain7 standards and requirements for the use of and the design, construction, in-8 stallation, improvement, extension, and alteration of materials, piping,9 venting, fixtures, appliances, and appurtenances in relation to plumbing10 and plumbing systems and to provide that all plumbing and plumbing systems11 in the state shall be designed, constructed, installed, improved, extended,12 and altered in substantial accord with the uniform plumbing code published13 by the international association of plumbing and mechanical officials and as14 it shall be amended, revised, compiled, and published from time to time and15 as subsequent editions, amendments, or revisions thereto shall be adopted16 by the Idaho plumbing board through the negotiated rulemaking process. Any17 amendments, revisions, or modifications made to the uniform plumbing code18 by the board shall be made by administrative rules promulgated by the board,19 subject to legislative approval. The uniform plumbing code together with20 any amendments, revisions, or modifications made by the board shall col-21 lectively constitute and be named the Idaho state plumbing code. The board22 shall conduct a minimum of two (2) public hearings with notice of such public23 hearings provided in accordance with the provisions of section 74-204, Idaho24 Code.25 (2) Cities or counties electing to implement a plumbing code enforce-26 ment program shall do so only in compliance with the provisions of this27 section. Cities or counties may elect to implement a plumbing enforcement28 program by passing an ordinance evidencing the intent to do so. Cities or29 counties that perform plumbing code enforcement activities shall, except as30 provided in subsection (3) of this section, by ordinance adopt the uniform31 plumbing code together with any amendments thereto made by the board, which32 shall collectively constitute and be named the Idaho state plumbing code.33 The effective date of any edition of the code adopted by the board shall be34 January 1 of the year following its adoption.35 (3) Cities or counties may further amend the Idaho state plumbing code36 adopted by the board in conformance with this section to address local con-37 cerns as long as such amendments prescribe at least an equivalent level of38 protection to that contained in the uniform plumbing code. Provided how-39 ever, that no code other than the uniform plumbing code together with any40 amendments, revisions, or modifications made by the board that collectively41 constitute the Idaho state plumbing code may serve as the standard for plumb-42 ing installations in such city or county. A city or county electing to amend43 the Idaho state plumbing code as adopted by the board may do so only after a44 finding by the city or county that good cause exists for such an amendment45 and that such amendment is reasonably necessary. Prior to making a finding46 of good cause for such an amendment, the city or county shall conduct a pub-47 lic hearing. Notice of the time and place of the public hearing shall be pub-48 lished in the official newspaper or paper of general circulation within the49

15 city or county. Written notice of such public hearing and the text of the1 proposed amendment shall be given by the city or county to the board not less2 than thirty (30) days prior to such hearing.3 (4) The remaining provisions of this chapter shall not apply, except as4 hereinafter provided, to cities or counties if such cities or counties enact5 ordinances or codes prescribing the Idaho state plumbing code and amendments6 it may make thereto in accordance with this section for all plumbing instal-7 lations which shall be considered the equal standards and requirements in-8 cluding the enforcement thereof as provided by this chapter.9 (5) A city or county that enforces plumbing codes shall do so only in10 compliance with the provisions of this section and the Idaho state plumbing11 code. A city or county that performs plumbing code enforcement activities12 pursuant to this section may perform plumbing code enforcement activities13 for other cities or counties. The provisions of the Idaho state plumbing14 code shall be used as the standard for plumbing code enforcement activities15 pursuant to this section.16 (6) A city or county that has not previously instituted and implemented17 a plumbing code enforcement program prior to the effective date of this sec-18 tion may elect to implement such a program by passing an ordinance evidencing19 the intent to do so. A city or county may contract with a public or private20 entity to administer its plumbing code enforcement program pursuant to the21 provisions of this section.22

SECTION 21. That Section 54-2606, Idaho Code, be, and the same is hereby23 amended to read as follows:24 54-2606. POWERS AND DUTIES OF THE IDAHO PLUMBING BOARD. (1) The board25 shall have the general administration and supervision of the design, con-26 struction, installation, improvement, extension and alteration of plumbing27 and plumbing systems, except that which has been heretofore and here-28 inafter exempted from the jurisdiction of this board, in connection with29 all buildings, residences and structures in this state including buildings,30 residences and structures owned by the state or any political subdivision31 thereof.32 (2) The division of occupational and professional licenses shall en-33 force the minimum standards and requirements therefor as provided by this34 chapter.35 (3) The board may exercise such powers and duties as are reasonably nec-36 essary to carry out the provisions of this chapter, and it may among other37 things:38 (a) Establish Prior to July 1, 2030, establish the fees to be charged39 for permits and inspections of plumbing systems.40 (b) Hold public meetings and attend or be represented at such meetings,41 within or without the state, prepare and publish rules pertaining to42 this chapter, and such other information as may be necessary, and fur-43 nish copies thereof to those engaged in the business, trade, practice or44 work of plumbing and pipefitting and to the public upon request.45 (c) Furnish standards and procedures and prescribe reasonable rules46 for examinations, qualification and certification of plumbing con-47 tractors and journeymen and apprentice plumbers not herein prescribed,48

16 including the establishment of continuing education requirements for1 journeymen and plumbing contractors.2 (d) Require the furnishing of a compliance bond by plumbing contractors3 in an amount not to exceed two thousand dollars ($2,000) for the con-4 tractor classification or evidence of such coverage by a corporate in-5 dustry group bond acceptable to the board.6 (e) Furnish standards and procedures and prescribe reasonable rules7 to provide for the certification of specialty contractors, specialty8 journeymen, and specialty apprentices, including the furnishing of a9 compliance bond in an amount not to exceed two thousand dollars ($2,000)10 for the specialty contractor classification or evidence of coverage by11 a corporate industry group bond acceptable to the board.12 (f) Establish by administrative rule civil penalties not to exceed one13 thousand dollars ($1,000) for each count or separate offense, to be paid14 for violations of this chapter and rules of the Idaho plumbing board;15 and to establish by administrative rule the process by which appeals16 from the imposition of civil penalties may be heard. The board is au-17 thorized to affirm, reject, decrease or increase the penalty imposed;18 however, the board shall not increase any penalty imposed to an amount19 exceeding one thousand dollars ($1,000) for each individual count or20 separate offense.21 (g) Provide for the certification of private inspectors who are quali-22 fied pursuant to section 54-2627, Idaho Code.23

SECTION 22. That Section 54-2607, Idaho Code, be, and the same is hereby24 amended to read as follows:25 54-2607. ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFES-26 SIONAL LICENSES -- POWERS AND DUTIES. (1) The administrator shall exercise27 such powers and duties as are reasonably necessary to enforce the minimum28 standards provided in this chapter, and he may among other things:29 (a) Prescribe and establish procedures to effectuate the efficient en-30 forcement of this chapter not herein prescribed.31 (b) Serve as secretary to the Idaho plumbing board.32 (c) Appoint Prior to July 1, 2030, appoint licensed staff inspectors33 who shall be authorized to enter and inspect by and through a properly34 identified person, at reasonable hours, plumbing and plumbing systems.35 (d) Make Prior to July 1, 2030, make plumbing inspections for another36 state or local jurisdiction upon request by an appropriate building of-37 ficial. Such inspections shall be made in accordance with the appli-38 cable plumbing codes of the requesting jurisdiction. Fees charged for39 such inspection services shall be as provided in the rules promulgated40 by the board.41 (e) Summon witnesses to appear and testify before him on any matter42 within the provisions of this chapter. No person shall be required to43 testify outside the county wherein he resides or where his principal44 place of business is located. Such summons to testify shall be issued45 and served in like manner as a subpoena to witness issued from the dis-46 trict court or in other manner consistent with the procedure of the47 division of occupational and professional licenses. In case any wit-48 ness shall fail or refuse to appear and testify upon being summoned as49

17 herein provided, the clerk of the district court of the county shall,1 upon demand by the administrator or his designated agent, issue a sub-2 poena reciting the demand therefor and summoning the witness to appear3 and testify at a time and place fixed. Violation of such subpoena or4 disobedience thereto shall be deemed and punished as a violation of any5 other subpoena issued from the district court.6 (f) Administer oaths and take affirmations of witnesses appearing be-7 fore him and have the power to appoint competent persons to issue sub-8 poenas, administer oaths and take testimony.9 (g) Impose civil penalties as provided in this chapter and the rules of10 the Idaho plumbing board.11 (h) In addition to any other penalties specified in this chapter, when-12 ever any person violates the provisions of this chapter and the rules of13 the Idaho plumbing board, the administrator may maintain an action in14 the name of the state of Idaho to enjoin that person from any further vi-15 olations. Such action may be brought either in the county in which the16 acts are claimed to have been or are being committed, or in the county17 where the defendant resides, or in Ada county.18 (i) Upon the filing of a certified complaint in the district19 court, the court, if satisfied that the acts complained of have20 been, probably are being, or may be committed, may issue a tem-21 porary restraining order, or a preliminary injunction, or both,22 without bond, enjoining the defendant from the commission of any23 such act or acts constituting the violation.24 (ii) A copy of the complaint shall be served upon the defendant and25 the proceedings shall thereafter be conducted as in other similar26 civil actions.27 (iii) If the commission of the act or acts is established, the28 court shall enter a decree permanently enjoining the defendant29 from committing such act or acts. If an injunction issued under30 the provisions of this section is violated, the court, or the judge31 thereof at chambers, may summarily try and punish the offender for32 contempt of court.33 (2) It shall be the duty of the administrator to give notice to cities34 that supply sewer service to areas outside their city limits and who have35 requested in writing such notice from the administrator of all permits is-36 sued relative to sewer installations. The notice shall be given within ten37 (10) days from the date the permit was requested for such installation. The38 notice shall contain a map of the physical location of the installation and39 reference to the date of inspection if the city so requests.40

SECTION 23. That Section 54-2608, Idaho Code, be, and the same is hereby41 amended to read as follows:42 54-2608. REVOCATION OF CERTIFICATES OF COMPETENCY -- SUSPENSION --43 REFUSAL TO RENEW. The administrator of the division of occupational and pro-44 fessional licenses shall have on the recommendation of the board the power to45 revoke, suspend or refuse to issue a renewal of any certificate of competency46 if the same was obtained through error or fraud, or if the holder thereof is47 shown to be grossly incompetent or has a second time violated any of the rules48 prescribed by the board, or as prescribed by this act. Before the adminis-49

18 trator shall refuse to grant a renewal of said certificate to any applicant1 or shall revoke or suspend any certificate previously granted, he shall hold2 a hearing giving such applicant or holder of said certificate fifteen (15)3 days written notice of his intended action by registered mail directed to the4 applicant or holder at the address given on said certificate or in the appli-5 cation for said certificate, stating generally the basis for his intended6 action; and the applicant or holder of said certificate shall have the oppor-7 tunity to produce testimony in his own behalf at a time and place specified in8 said notice. The proceedings shall be governed by the provisions of chapter9 52, title 67, Idaho Code. If the administrator, after the hearing, shall10 refuse to grant a renewal of said certificate or shall suspend or revoke any11 certificate previously granted, said applicant or holder of a certificate12 may seek judicial review of the administrator's final order in accordance13 with the provisions of chapter 52, title 67, Idaho Code. Any person whose14 certificate has been revoked may, after the expiration of one (1) year from15 the date of revocation, but not before, apply for a new certificate of com-16 petency. The provisions of this section shall apply to a state-certified17 private inspector in addition to any other person provided by law.18

SECTION 24. That Section 54-2620, Idaho Code, be, and the same is hereby19 repealed.20

SECTION 25. That Section 54-2622, Idaho Code, be, and the same is hereby21 repealed.22

SECTION 26. That Section 54-2623, Idaho Code, be, and the same is hereby23 repealed.24

SECTION 27. That Section 54-2624, Idaho Code, be, and the same is hereby25 amended to read as follows:26 54-2624. INSPECTIONS BY AGENT -- TESTS. All pipes, fittings, valves,27 vents, fixtures, appliances and appurtenances shall be inspected by a des-28 ignated, qualified and properly identified agent of the division of occupa-29 tional and professional licenses inspector to ensure compliance with provi-30 sions of this act. In order to make inspections uniform and complete, the31 board shall make, promulgate and publish such rules as are necessary to en-32 sure that any plumbing system has been designed, constructed, installed, im-33 proved, extended or altered in accordance with the provisions of this act34 and in accordance with the rules made, promulgated and published by the Idaho35 plumbing board.36

SECTION 28. That Section 54-2626, Idaho Code, be, and the same is hereby37 repealed.38

SECTION 29. That Section 54-2627, Idaho Code, be, and the same is hereby39 amended to read as follows:40 54-2627. APPOINTMENT OF INSPECTORS -- QUALIFICATIONS -- UNLAWFUL41 PRACTICES. (1) The administrator of the division of occupational and profes-42

19 sional licenses shall appoint such number of inspectors as may be required1 for the effective enforcement of this act.2 (2) All inspectors shall be skilled in plumbing installations with not3 less than five (5) years actual experience, shall possess certificates of4 competency prior to appointment, and shall be fully familiar with the pro-5 visions of this act and rules made by both the administrator and the Idaho6 plumbing board.7 (3) No inspector employed by the division of occupational and profes-8 sional licenses and assigned to the enforcement of this act shall be engaged9 or financially interested in a plumbing business, trade, practice or work,10 or the sale of any supplies connected therewith, nor shall he act as an agent,11 directly or indirectly, for any person, firm, copartnership, association or12 corporation so engaged.13 (4) Inspectors employed by municipalities electing to claim exemption14 under this act must possess the qualifications set forth in this section.15 (5) State-certified private inspectors shall be qualified pursuant to16 subsections (2) and (3) of this section.17

SECTION 30. That Section 54-5005, Idaho Code, be, and the same is hereby18 repealed.19

SECTION 31. That Chapter 50, Title 54, Idaho Code, be, and the same is20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-21 ignated as Section 54-5005, Idaho Code, and to read as follows:22 54-5005. POWERS AND DUTIES OF THE BOARD -- LIMITATION. (1) The board23 shall have the general administration and supervision of the design, con-24 struction, installation, improvement, extension, and alteration of heat-25 ing, ventilation, and air conditioning systems, except that which has been26 heretofore and hereinafter exempted from the jurisdiction of this board, in27 connection with all buildings, residences, and structures in this state, in-28 cluding buildings, residences, and structures owned by the state or any po-29 litical subdivision thereof. The division of occupational and professional30 licenses shall enforce the minimum standards and requirements therefor as31 provided by this chapter. The board may exercise such powers and duties as32 are reasonably necessary to carry out the provisions of this chapter, and it33 may, among other things:34 (a) Hold public meetings and attend or be represented at such meetings,35 within or without the state, promulgate rules, subject to legislative36 approval, pertaining to this chapter and such other information as may37 be necessary, and furnish copies thereof to those engaged in the busi-38 ness, trade, practice, or work of heating, ventilation, and air condi-39 tioning and to the public upon request; and40 (b) Establish by administrative rule, subject to legislative approval,41 the fines to be paid for citations issued and hear appeals regarding the42 imposition of civil penalties for violations of this chapter and rules43 of the board. The board is authorized to affirm, reject, decrease,44 or increase the penalty imposed by the administrator. However, in no45 case shall the penalty exceed one thousand dollars ($1,000) for each46 offense.47

20 (2) The powers and duties of the board within the jurisdictional bound-1 aries of local governments that have chosen to adopt and enforce mechani-2 cal codes shall be limited to those powers and duties needed to enforce the3 requirements governing a certificate of competency. Each local government4 that has chosen to adopt and enforce mechanical codes shall establish fees to5 be charged for permits and inspections within its jurisdiction.6

SECTION 32. That Section 54-5006, Idaho Code, be, and the same is hereby7 repealed.8

SECTION 33. That Chapter 50, Title 54, Idaho Code, be, and the same is9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-10 ignated as Section 54-5006, Idaho Code, and to read as follows:11 54-5006. ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFES-12 SIONAL LICENSES. The administrator shall exercise such powers and duties as13 are reasonably necessary to enforce standards provided in this chapter, and14 he may, among other things:15 (1) Serve as secretary to the Idaho heating, ventilation and air condi-16 tioning board;17 (2) Provide for HVAC inspections for another state or local jurisdic-18 tion upon request by an appropriate building official. Such inspections19 shall be made in accordance with the applicable HVAC codes of the requesting20 jurisdiction. Fees charged for such inspection services shall be as pro-21 vided in the rules promulgated by the board;22 (3) Summon witnesses to appear and testify before him on any matter23 within the provisions of this chapter. No person shall be required to tes-24 tify outside the county wherein he resides or where his principal place of25 business is located. Such summons to testify shall be issued and served in26 like manner as a subpoena to witness issued from the district court, or in27 other manner consistent with procedure of the division of occupational and28 professional licenses. In case any witness shall fail or refuse to appear29 and testify upon being summoned as herein provided, the clerk of the district30 court of the county shall, upon demand by said administrator or his desig-31 nated agent, issue a subpoena reciting the demand therefor and summoning the32 witness to appear and testify at a time and place fixed. Violation of such33 subpoena or disobedience thereto shall be deemed and punished as a violation34 of any other subpoena issued from the district court;35 (4) Administer oaths and take affirmations of witnesses appearing be-36 fore him or a duly appointed hearing officer and appoint competent persons to37 issue subpoenas, administer oaths, and take testimony; and38 (5) Impose civil penalties as provided in this chapter and rules of the39 board.40

SECTION 34. That Section 54-5016, Idaho Code, be, and the same is hereby41 repealed.42

SECTION 35. That Chapter 50, Title 54, Idaho Code, be, and the same is43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-44 ignated as Section 54-5016, Idaho Code, and to read as follows:45

21 54-5016. PERMITS REQUIRED -- EXCEPTION -- LOCAL GOVERNMENT FEES AL-1 LOWED. (1) It shall be unlawful for any person, firm, partnership, company,2 association, or corporation to do or cause to be done, whether acting as3 principal, agent, or employee, any construction, installation, improve-4 ment, extension, or alteration of any heating, ventilation, or air condi-5 tioning system in any building, residence, or structure in the state of Idaho6 without first obtaining a permit from the authority having jurisdiction7 authorizing such work to be done, except that no permit shall be required to8 perform work related to repair or maintenance of an existing HVAC system.9 (2) No provision of this chapter shall preclude local governments from10 collecting fees for permits and inspections where such work is regulated and11 enforced by city or county code or ordinance. Municipalities may also re-12 quire fees for permits and inspections in areas designated by local code or13 ordinance as areas of city impact.14

SECTION 36. That Section 54-5017, Idaho Code, be, and the same is hereby15 repealed.16

SECTION 37. That Section 54-5018, Idaho Code, be, and the same is hereby17 amended to read as follows:18 54-5018. INSPECTION BY AGENT. A designated, qualified, properly iden-19 tified agent of the authority having jurisdiction or a state-certified pri-20 vate inspector shall inspect work performed under each permit to ensure com-21 pliance with the provisions of this chapter and rules as promulgated by the22 board, and applicable codes and ordinances as adopted.23

SECTION 38. That Section 54-5020, Idaho Code, be, and the same is hereby24 repealed.25

SECTION 39. That Chapter 50, Title 54, Idaho Code, be, and the same is26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-27 ignated as Section 54-5020, Idaho Code, and to read as follows:28 54-5020. REQUESTS FOR INSPECTION -- LOCAL GOVERNMENTS. Local govern-29 ments that have adopted mechanical codes shall by ordinance establish times30 within which permit holders shall notify the authority of the desire for an31 inspection.32

SECTION 40. That Section 54-5021, Idaho Code, be, and the same is hereby33 repealed.34

SECTION 41. SEVERABILITY. The provisions of this act are hereby de-35 clared to be severable and if any provision of this act or the application36 of such provision to any person or circumstance is declared invalid for any37 reason, such declaration shall not affect the validity of the remaining por-38 tions of this act.39

SECTION 42. An emergency existing therefor, which emergency is hereby40 declared to exist, sections 1, 2, 6, 7, 8, 12, 13, 14, 15, 16, 21, 22, 23, 27,41 29, and 37 of this act shall be in full force and effect on and after July 1,42 2026. Sections 3, 4, 5, 9, 10, 11, 17, 18, 19, 20, 24, 25, 26, 28, 30, 31,43

22 32, 33, 34, 35, 36, 38, 39, 40, and 41 shall be in full force and effect on and1 after July 1, 2030.2