T39CH80

Title 39 > T39CH80

Sections (11)

39-8001

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8001. Short title. This chapter shall be known and may be cited as the Idaho Uniform School Building Safety Act. History: [39-8001, added 2000, ch. 352, sec. 1, p. 1183; am. 2023, ch. 15, sec. 14, p. 83.]

39-8002

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8002. Declaration of purpose. The purpose of this act is to assure the safety of children and others who use Idaho’s public schools by providing for a uniform school building safety code to apply to school buildings and by establishing procedures for achieving compliance with the code. History: [39-8002, added 2000, ch. 352, sec. 1, p. 1183.]

39-8003

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8003. Scope. This act shall apply to all facilities, existing now or constructed in the future, that are owned, leased or used for educational purposes by public school districts, charter schools, or a school for children in any grades kindergarten through twelve (12) that is operated by the state of Idaho receiving state funding. The authority granted under this act shall not prohibit local governments from acting to enforce applicable building and fire codes. History: [39-8003, added 2000, ch. 352, sec. 1, p. 1183; am. 2001, ch. 326, sec. 4, p. 1151.]

39-8004

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8004. Definitions. As used in this act: (1) Administrator means the administrator of the division of occupational and professional licenses or his designated representative. (2) Day shall mean a calendar day unless otherwise specified. (3) Imminent safety hazard means a condition that presents an unreasonable risk of death or serious bodily injury to occupants of a building. (4) Licensed professional means a person licensed by the state of Idaho as an architect or an engineer. (5) Local government means any city or county of this state. (6) Serious safety hazard means a condition that presents an unreasonable health risk or risk of injury to occupants of a building. History: [39-8004, added 2000, ch. 352, sec. 1, p. 1183; am. 2002, ch. 158, sec. 2, p. 461; am. 2023, ch. 15, sec. 15, p. 83.]

39-8006

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8006. Committee to develop Idaho uniform school building safety code — Interim code. (1) The committee shall develop the Idaho uniform school building safety code to be adopted by rule of the administrator pursuant to section 39-8007 , Idaho Code. The Idaho uniform school building safety code shall address elements of the national codes identified in section 39-4109 , Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130. (2) Until the Idaho uniform school building safety code is adopted by rule pursuant to section 39-8007 , Idaho Code, the national codes adopted under section 39-4109 , Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130 shall serve as the interim Idaho uniform school building safety code. History: [39-8006, added 2000, ch. 352, sec. 1, p. 1184.]

39-8007

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8007. Powers and duties of the administrator. (1) The administrator shall enforce the provisions of this chapter in cooperation with the superintendent of public instruction and the building code advisory board. (2) The administrator shall promulgate rules necessary to carry out the provisions of this chapter. Such rules shall be promulgated pursuant to the provisions of chapter 52, title 67 , Idaho Code. (3) The administrator shall establish a program for the timely review of public school construction plans as required by section 39-4113 (4)(f), Idaho Code. (4) Upon request, the administrator shall provide training to school districts on the Idaho uniform school building safety code. History: [39-8007, added 2000, ch. 352, sec. 1, p. 1184; am. 2009, ch. 219, sec. 3, p. 684; am. 2010, ch. 166, sec. 2, p. 340; am. 2010, ch. 174, sec. 2, p. 359.]

39-8008

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8008. Additional duties of administrator — Right of inspection — Posting. (1) The administrator shall have authority under this section to enter all public school facilities covered by this chapter at reasonable times to inspect, on an annual basis, such facilities for compliance with the Idaho uniform school building safety code; provided however, that inspections shall take into account the age of the school facilities and the appropriate codes that would have been in effect at the time of the construction of such facilities; provided further, that regardless of the codes in effect at the time of construction, imminent safety hazards found in public school facilities shall be identified and the provisions of this chapter relating to such imminent safety hazards shall apply. (2) If the administrator finds a violation of the Idaho uniform school building safety code that he concludes does not constitute an imminent safety hazard or serious safety hazard, he shall notify in writing the school district superintendent, principal, board member, or other person in charge. Such notification shall state, in bold print, that the citations for violations or nonconformances constitute recommendations only. (3) If the administrator finds a violation of the Idaho uniform school building safety code that he concludes constitutes a serious safety hazard, he shall immediately issue a written order or notice requiring the school superintendent, principal, board of trustees or other person in charge to eliminate the condition without delay and within the time specified by the administrator in the notice or order, but not exceeding one (1) year. The administrator may also designate a licensed professional to independently evaluate the identified condition prior to issuing a written order to eliminate the condition. (4) If the administrator finds a violation of the Idaho uniform school building safety code that he concludes constitutes an imminent safety hazard, he shall, within two (2) working days, designate a licensed professional to independently evaluate the identified condition prior to issuing any report under this chapter. That licensed professional shall, within fourteen (14) days, complete its independent evaluation of the condition identified by the administrator and notify the administrator of its conclusions. If the administrator determines that the condition constituting an imminent safety hazard could reasonably be expected to cause death or serious physical harm before the evaluation of the designated licensed professional can be completed and before the condition can be eliminated, he shall determine the extent of the area where such condition exists and thereupon shall issue a written order or notice requiring the school district superintendent, principal, board of trustees or other person in charge to cause all persons, except those necessary to eliminate the condition

39-8009

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8009. Injunction. Upon failure of the district superintendent, principal, board of trustees, or other person in charge to comply with the requirements stated in any notice or order relating to an imminent safety hazard or serious safety hazard, the administrator may maintain an action in the name of the state of Idaho to enjoin the district superintendent, principal, board of trustees or other person in charge from acting in violation of such notice or order or from doing any action that interferes with the administrator carrying out his statutory duties. Such action shall be brought in the district court in which said acts are claimed to have been committed by filing a verified complaint setting forth said act. The court, if satisfied from such complaint or affidavits that the act complained of has been or is being committed and will persist, may issue a temporary writ without notice or bond enjoining the defendant from the commission of such act pending final disposition of the cause. The cause shall proceed as in other causes for injunction. If, at the trial, the commission of said act by the defendant be established and the court further finds it probable that the defendant will continue in such act or similar acts, the court shall enter a decree enjoining said defendant from committing said or similar acts. History: [39-8009, added 2000, ch. 352, sec. 1, p. 1185; am. 2002, ch. 158, sec. 4, p. 463.]

39-8010

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8010. Appeal to building code board. (1) The Idaho building code board shall, within ten (10) days after receipt of notice for an appeal, hear such appeal brought before it by a school district affected by any finding pursuant to this chapter that there exists in a school building a violation of the uniform school building safety code, provided however, that an appeal brought pursuant to this section shall not affect the ability of the administrator to obtain an injunction pursuant to section 39-8009 , Idaho Code. Such hearing shall be governed by the provisions of chapter 52, title 67 , Idaho Code. Final decisions of the board, other than code interpretations, are subject to judicial review in accordance with the provisions of chapter 52, title 67 , Idaho Code. (2) The board shall provide reasonable interpretations of the codes enumerated in this chapter. (3) Within ten (10) days of the conclusion of the hearing, the board shall render its findings and decisions in writing to the state superintendent of public instruction, the administrator of the division of occupational and professional licenses and the appealing district. History: [39-8010, added 2000, ch. 352, sec. 1, p. 1185; am. 2010, ch. 166, sec. 4, p. 343; am. 2023, ch. 15, sec. 19, p. 86.]

39-8011

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8011. Violations. (1) If a school district, the district superintendent, principal, board of trustees, or other person in charge willfully violates the provisions of this chapter, the state superintendent of public instruction shall withhold such ensuing apportionments as are necessary to make repairs to abate the identified imminent safety hazard or serious safety hazard. Withheld funds, not to exceed one and one-half percent (1 1/2%) of the district’s appropriation, shall be disbursed only to pay for such repairs. (2) If the funds that would be raised over two (2) fiscal years from applying the provisions of subsection (1) of this section are insufficient, in combination with all moneys that will be available in the district’s school building maintenance allocation for the same period, to provide sufficient moneys to abate the identified imminent or serious safety hazard, then the administrator shall submit an application to abate said hazard to the Idaho public school facilities cooperative funding program panel pursuant to section 33-909 , Idaho Code. (3) It is a misdemeanor to remove, without permission of the administrator, a notice or order posted pursuant to this chapter. History: [39-8011, added 2000, ch. 352, sec. 1, p. 1186; am. 2002, ch. 158, sec. 5, p. 463; am. 2006, ch. 311, sec. 10, p. 966; am. 2007, ch. 142, sec. 2, p. 414.]

39-8012

TITLE 39 HEALTH AND SAFETY CHAPTER 80 UNIFORM PUBLIC SCHOOL BUILDING SAFETY 39-8012. Severability. If any portion of this act, or the application of any provision of this act to any person or circumstance, shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected. History: [39-8012, added 2000, ch. 352, sec. 1, p. 1186.]