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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
643
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
BUILDING
CODES;
AMENDING
SECTION
39
-
4116,
IDAHO
CODE,
TO
PROVIDE
2
FOR
CERTAIN
HEAT
DETECTION
DEVICES,
TO
CLARIFY
A
TERM,
AND
TO
MAKE
TECH
-
3
NICAL
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFEC
-
4
TIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
39
-
4116,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
39
-
4116.
LOCAL
GOVERNMENT
ADOPTION
AND
ENFORCEMENT
OF
BUILDING
9
CODES.
(1)
Local
governments
enforcing
building
codes
shall
do
so
only
in
10
compliance
with
the
provisions
of
this
section.
Local
governments
that
have
1
1
not
previously
instituted
and
implemented
a
code
enforcement
program
prior
12
to
the
effective
date
of
this
act
may
elect
to
implement
a
building
code
13
enforcement
program
by
passing
an
ordinance
evidencing
the
intent
to
do
so.
14
Local
governments
may
contract
with
a
public
or
private
entity
to
administer
15
their
building
code
enforcement
program.
16
(2)
Local
governments
that
issue
building
permits
and
perform
build
-
17
ing
code
enforcement
activities
shall,
by
ordinance
effective
January
1
of
18
the
year
following
the
adoption
by
the
Idaho
building
code
board,
adopt
the
19
following
codes
as
published
by
the
International
Code
Council
together
with
20
any
amendments
or
revisions
set
forth
in
section
39
-
4109,
Idaho
Code,
in
-
21
cluding
subsequent
versions
of
the
International
Building
Code
as
adopted
22
and
amended
by
the
Idaho
building
code
board
through
the
negotiated
rulemak
-
23
ing
process
provided
in
this
chapter:
24
(a)
International
Building
Code,
including
all
rules
promulgated
by
25
the
board
to
provide
equivalency
with
the
provisions
of
the
Americans
26
with
disabilities
act
accessibility
guidelines
and
the
federal
fair
27
housing
act
accessibility
guidelines;
28
(b)
Idaho
residential
code,
parts
I
-
III
and
IX;
and
29
(c)
2018
Idaho
energy
conservation
code,
pursuant
to
chapter
97,
title
30
39,
Idaho
Code.
31
Local
governments
are
not
required
by
this
chapter
to
adopt
the
other
refer
-
32
enced
codes
in
the
International
Building
Code.
Local
jurisdictions
shall
33
not
adopt
provisions,
chapters,
sections
or
parts
of
subsequent
versions
34
of
the
International
Residential
Code
or
residential
provisions
of
the
35
International
Energy
Conservation
Code,
or
subsequent
versions
in
their
36
entirety,
that
have
not
been
adopted
by
the
Idaho
building
code
board
except
37
as
provided
in
subsection
(4)
of
this
section.
38
(3)
(a)
All
single
-
family
homes
and
multiple
-
family
dwellings
up
to
two
39
(2)
units
are
hereby
exempted
from
the
provisions
of
the
International
40
Fire
Code,
the
International
Building
Code
and
the
Idaho
residential
41
code
that
require
such
dwellings
to
have
automatic
fire
sprinkler
sys
-
42
2
tems
installed.
However,
for
this
exemption
to
apply
to
any
single
-
fam
-
1
ily
home
or
multiple
-
family
dwelling
up
to
two
(2)
units
for
which
a
2
building
permit
is
issued
for
new
construction
on
or
after
July
1,
2026,
3
such
unit
shall
have
a
heat
detection
device
with
a
suitable
temperature
4
rating
installed
in
any
attached
garage.
Any
such
heat
detection
de
-
5
vice
shall
be
interconnected
with
the
smoke
alarm
system
for
the
home
or
6
dwelling
unit
to
which
the
garage
is
attached.
Nothing
in
this
section
7
shall
prevent
any
person
from
voluntarily
installing
an
automatic
fire
8
sprinkler
system
in
any
residential
dwelling.
9
(b)
For
the
purpose
of
this
subsection,
the
term
"multiple
-
family
10
dwelling
up
to
two
(2)
units"
includes
multiple
-
family
dwellings
that
1
1
exceed
two
(2)
units
if:
12
(i)
The
building
permit
for
new
construction
was
issued
on
or
af
-
13
ter
July
1,
2026;
14
(ii)
No
more
than
two
(2)
units
are
on
the
same
side
of
the
same
two
15
(2)
hour
fire
wall
between
dwelling
units;
and
16
(iii)
The
fire
wall
separating
dwelling
units
is
constructed
from
17
the
lowest
portion
of
the
unit
and
extends
to
the
roof
of
the
unit
18
without
any
penetrations.
19
(4)
Except
as
provided
in
this
subsection,
local
governments
may
amend
20
by
ordinance
the
adopted
codes
or
provisions
of
referenced
codes
to
reflect
21
local
concerns,
provided
such
amendments
establish
at
least
an
equivalent
22
level
of
protection
to
that
of
the
adopted
building
code.
A
local
jurisdic
-
23
tion
shall
not
have
the
authority
to
amend
any
accessibility
provision
pur
-
24
suant
to
section
39
-
4109,
Idaho
Code,
except
as
provided
in
this
subsection.
25
(a)
A
local
jurisdiction
shall
not
have
the
authority
to
amend
any
ac
-
26
cessibility
provision
pursuant
to
section
39
-
4109,
Idaho
Code.
27
(b)
A
local
jurisdiction
shall
not
adopt
any
provision,
chapter,
sec
-
28
tion
or
part
of
the
International
Residential
Code
or
residential
pro
-
29
visions
of
the
International
Energy
Conservation
Code,
or
subsequent
30
versions
in
their
entirety,
that
have
not
been
adopted
or
that
have
been
31
expressly
rejected
or
exempted
from
the
adopted
version
of
those
codes
32
by
the
Idaho
building
code
board
through
the
negotiated
rulemaking
33
process
as
provided
in
section
39
-
4109,
Idaho
Code.
34
(c)
Local
jurisdictions
may
amend
by
ordinance
the
following
provi
-
35
sions
of
the
Idaho
residential
code
to
reflect
local
concerns:
36
(i)
Part
I,
Administrative;
37
(ii)
Part
II,
Definitions;
38
(iii)
Part
III,
Building
Planning
and
Construction,
Section
R
301,
39
Design
Criteria;
and
40
(iv)
Part
IX,
Appendices.
41
(d)
Local
jurisdictions
may
amend
the
remainder
of
Part
III
of
the
42
Idaho
residential
code
if
they
find
that
good
cause
for
building
or
life
43
safety
exists
for
such
an
amendment
to
such
codes
and
that
such
amend
-
44
ment
is
reasonably
necessary.
Amendments
shall
be
adopted
by
ordinance
45
in
accordance
with
the
provisions
of
chapter
9,
title
50,
Idaho
Code,
or
46
chapter
7,
title
31,
Idaho
Code,
and
provided
further
that
such
local
47
jurisdiction
shall
conduct
a
public
hearing
and,
provided
further,
that
48
notice
of
the
time
and
place
of
the
public
hearing
shall
be
published
49
in
the
official
newspaper
or
paper
of
general
circulation
within
the
50
3
jurisdiction
and
written
notice
of
each
of
such
public
hearing
and
the
1
proposed
language
shall
be
given
by
the
local
jurisdiction
to
the
lo
-
2
cal
chapters
of
the
entities
identified
in
section
39
-
4109(5),
Idaho
3
Code,
not
less
than
thirty
(30)
days
prior
to
such
hearing.
In
the
event
4
that
there
are
no
local
chapters
of
such
entities
identified
in
sec
-
5
tion
39
-
4109(5),
Idaho
Code,
within
the
local
jurisdiction
holding
the
6
hearings,
the
notice
shall
be
provided
to
the
state
associations
of
the
7
respective
entities.
8
(5)
Local
governments
shall
exempt
agricultural
buildings
from
the
re
-
9
quirements
of
the
codes
enumerated
in
this
chapter
and
the
rules
promulgated
10
by
the
board.
A
county
may
issue
permits
for
agricultural
buildings
to
as
-
1
1
sure
compliance
with
road
setbacks
and
utility
easements,
provided
that
the
12
cost
for
such
permits
shall
not
exceed
the
actual
cost
to
the
county
of
issu
-
13
ing
the
permits.
14
(a)
For
the
purposes
of
this
subsection,
"agricultural
buildings"
15
means:
16
(i)
Livestock
shelters
or
buildings,
including
shade
structures
17
and
milking
barns;
18
(ii)
Poultry
buildings
or
shelters;
19
(iii)
Barns;
20
(iv)
Storage
and
maintenance
structures
for
equipment
and
machin
-
21
ery
used
exclusively
in
agricultural
operations;
22
(v)
Horticultural
structures,
including
detached
production
23
greenhouses
and
crop
protection
shelters;
24
(vi)
Sheds
used
as
part
of
an
agricultural
operation;
25
(vii)
Grain
silos;
26
(viii)
Stables;
and
27
(ix)
Any
other
structure
designed,
constructed,
and
intended
to
28
house,
accommodate,
or
store
farm
implements,
hay,
grain,
poul
-
29
try,
livestock,
or
other
horticultural
products.
30
(b)
For
the
purposes
of
this
subsection,
"agricultural
buildings"
does
31
not
include:
32
(i)
A
place
of
human
habitation,
which
means
a
space
in
a
build
-
33
ing
for
living,
sleeping,
or
cooking.
Structures
with
bathrooms,
34
shower
rooms,
break
rooms,
locker
rooms,
storage
or
utility
space,
35
or
other
similar
areas
are
not
considered
places
of
human
habita
-
36
tion;
37
(ii)
A
place
of
employment
where
agricultural
products
are
pro
-
38
cessed,
treated,
or
packaged;
or
39
(iii)
A
place
used
by
the
public.
40
(c)
Counties
shall
not
alter,
amend,
deny,
limit,
or
narrow
the
exemp
-
41
tion
provided
pursuant
to
this
subsection
by,
including
but
not
limited
42
to,
requiring
size
limitations
of
agricultural
buildings,
requiring
43
maximum
travel
distances
to
exits
within
agricultural
buildings,
or
44
requiring
installation
of
automatic
sprinkler
systems
in
agricultural
45
buildings.
46
(6)
Permits
shall
be
governed
by
the
laws
in
effect
at
the
time
the
per
-
47
mit
application
is
received.
48
(7)
The
division
shall
retain
jurisdiction
for
in
-
plant
inspections
49
and
installation
standards
for
manufactured
or
mobile
homes
and
for
in
-
plant
50
4
inspections
and
enforcement
of
construction
standards
for
modular
buildings
1
and
commercial
coaches.
2
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
3
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
4
July
1,
2026.
5