Amends existing law to revise provisions regarding public school building plan reviews.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 721 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE IDAHO BUILDING CODE ACT; AMENDING SECTION 39-4113, IDAHO2 CODE, TO REVISE PROVISIONS REGARDING PUBLIC SCHOOL BUILDING PLANS AND3 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-8007, IDAHO CODE, TO4 PROVIDE A CORRECT CODE REFERENCE; AND DECLARING AN EMERGENCY AND PRO-5 VIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 39-4113, Idaho Code, be, and the same is hereby8 amended to read as follows:9 39-4113. PLAN REVIEWS -- MAXIMUM FEES AND SCHOOL INSPECTIONS. (1) The10 administrator shall establish a program for plan reviews and permit issuance11 entirely within the division of occupational and professional licenses.12 Plan reviews shall be for the provisions of this chapter and chapter 10, ti-13 tle 54, Idaho Code, chapter 26, title 54, Idaho Code, chapter 50, title 54,14 Idaho Code, and chapter 86, title 39, Idaho Code, pertaining to construc-15 tion, alteration or repair of buildings or structures within the scope of16 the division's jurisdiction pursuant to this chapter. Plans for schools17 reviewed by the division shall not include a review for compliance with the18 provisions of chapter 2, title 41, Idaho Code, or for local planning and19 zoning requirements.20 (2) The local government or division performing a building plan review21 for public works, as defined in section 67-5710B, Idaho Code, shall complete22 the initial plan review within thirty (30) calendar days of submission of23 such plan.24 (2) (3) Plan review fees shall be established by rules promulgated by25 the board. Local governments elected by school districts to perform build-26 ing plan reviews for public schools as provided for in this section shall27 not charge a fee for such review of building plans in excess of what the di-28 vision has established by rule for building plan review services for public29 schools.30 (3) (4) Each manufacturer of commercial coaches and modular buildings31 shall submit the building plans for every model of such structure to the ad-32 ministrator for the purpose of review.33 (4)(a) (5)(a) Public school building plans shall be approved by either34 the local government or the division of occupational and professional35 licenses, whichever the school district elects. Any city or county that36 has adopted by ordinance all the applicable codes pursuant to section37 39-4109, Idaho Code, and the codes as permitted in chapter 10, title 54,38 Idaho Code, chapter 26, title 54, Idaho Code, and chapter 50, title 54,39 Idaho Code, shall be eligible to perform school plan reviews only if the40 following additional requirements are met: plans examiners performing41 building and energy code plan reviews shall hold current certification42

2 as a commercial building plans examiner by the International Code Coun-1 cil; examiners performing plumbing code plan reviews shall hold current2 certification as a plumbing inspector by the international associa-3 tion of plumbing and mechanical officials and shall be a licensed Idaho4 journeyman plumber; examiners performing electrical code plan reviews5 shall hold current certification as an electrical inspector by the6 national certification program for construction code inspectors and7 shall be a licensed Idaho journeyman electrician; and examiners per-8 forming mechanical code plan reviews shall hold current certification9 as a commercial mechanical inspector by the International Code Council.10 (b) All plans examiners who perform public school plan reviews shall be11 either an employee of the division, an employee of the local jurisdic-12 tion in which the school is to be constructed, or performing plan re-13 views under an interagency contract between local jurisdictions, and14 shall meet the eligibility requirements as provided in paragraph (a) of15 this subsection.16 (c) An eligible local government may contract with the division for re-17 view of any portion of the plans for which the local government does not18 have a properly certified plans examiner. A county may be deemed eli-19 gible to perform plan review services only for those types of installa-20 tions for which they have authority pursuant to this chapter and chap-21 ter 50, title 54, Idaho Code, to adopt an enforcement program. Where22 an eligible county performs the plan review services, the electrical23 and plumbing code plan reviews shall be performed by the division at the24 hourly rate as established in rule by the division. Any local govern-25 ment elected to perform plan review services for public schools shall26 provide the division a copy of all approved plans.27 (d) Wherein the proposed work is valued in excess of one hundred thou-28 sand dollars ($100,000), a school district may elect to utilize the29 school plan review services available from an eligible local government30 building code enforcement jurisdiction or from the division. Wherein31 the proposed work is valued at one hundred thousand dollars ($100,000)32 or less, a school district may elect to use a local government without33 regard to the eligibility requirements in paragraph (a) of this sub-34 section. Election by a school district shall be made by submitting a35 written certification to both the division and the involved local gov-36 ernment.37 (e) Public school plan review services provided by either the divi-38 sion or an eligible local jurisdiction pursuant to this section shall39 include a review of the following disciplines: building (structural40 and nonstructural), mechanical, fuel gas, plumbing, electrical, acces-41 sibility, elevators, boilers, and energy conservation. At a minimum,42 plan review services shall include:43 (i) A technical examination of all drawings and construction doc-44 uments;45 (ii) The approval of such drawings and construction documents46 by determining whether such are in accord with the codes adopted47 pursuant to sections 39-4109, 54-1001, 54-2601 and 54-5001, Idaho48 Code;49

3 (iii) A determination that the drawings and construction docu-1 ments are in compliance, or noncompliance, with the applicable2 codes, code interpretation, and the identification of approved3 modifications or alternative materials, design or methods; and4 (iv) The identification of the reviewing official(s), the date5 upon which plans are approved, and a stamp or some other similar6 mark on the plans evidencing approval.7 (f) If a school district elects to utilize the plan review services8 of the division, it shall submit to the division of occupational and9 professional licenses three (3) sets of working drawings and specifi-10 cations for new public school buildings or facilities and additions or11 alterations to existing facilities. The division will review the plans12 submitted to it pursuant to this section for compliance with the current13 editions of the codes specified in this chapter or within rules pro-14 mulgated pursuant to this chapter by the board and by section 39-8006,15 Idaho Code.16 (5) (6) Public school building plans must shall be approved by either17 the local government or the division before the school district may adver-18 tise for bids. The jurisdiction performing the public school building plan19 review shall complete the initial plan review within thirty (30) calendar20 days of submission of such plan. Once plans are reviewed and approved pur-21 suant to this section, no material change can shall be made to such plans22 without review and approval of such change by the jurisdiction performing23 the plan review. All school construction or remodeling governed by this24 chapter shall be inspected by building inspectors certified in accordance25 with section 39-4108, Idaho Code, or by Idaho-licensed architects or engi-26 neers to determine compliance with this chapter and the Idaho uniform school27 building safety act, chapter 80, title 39, Idaho Code. Nothing in this28 section shall limit the authority of local governments to issue building29 permits, perform fire code or other zoning and land use-related plan reviews30 or provide a full range of building code enforcement activities as they31 relate to inspections of school buildings or facilities sited within their32 jurisdiction regardless of the election exercised by the school district33 pursuant to this section.34

SECTION 2. That Section 39-8007, Idaho Code, be, and the same is hereby35 amended to read as follows:36 39-8007. POWERS AND DUTIES OF THE ADMINISTRATOR. (1) The administra-37 tor shall enforce the provisions of this chapter in cooperation with the su-38 perintendent of public instruction and the building code advisory board.39 (2) The administrator shall promulgate rules necessary to carry out the40 provisions of this chapter. Such rules shall be promulgated pursuant to the41 provisions of chapter 52, title 67, Idaho Code.42 (3) The administrator shall establish a program for the timely review43 of public school construction plans as required by section 39-4113(4)(f)44 (5)(f), Idaho Code.45 (4) Upon request, the administrator shall provide training to school46 districts on the Idaho uniform school building safety code.47

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SECTION 3. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3