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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.
706
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
BUILDING
CODE
ACT;
AMENDING
CHAPTER
41,
TITLE
39,
2
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
4109C,
IDAHO
CODE,
TO
3
ESTABLISH
PROVISIONS
AUTHORIZING
LOCAL
GOVERNMENTS
TO
ALLOW
FOR
SINGLE
4
STAIRWAYS
IN
CERTAIN
APARTMENT
BUILDINGS;
AMENDING
SECTION
39
-
4116,
5
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
LOCAL
GOVERNMENT
ADOPTION
6
AND
ENFORCEMENT
OF
BUILDING
CODES;
AND
DECLARING
AN
EMERGENCY
AND
PRO
-
7
VIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Chapter
41,
Title
39,
Idaho
Code,
be,
and
the
same
is
10
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
1
1
ignated
as
Section
39
-
4109C,
Idaho
Code,
and
to
read
as
follows:
12
39
-
4109C.
SINGLE
STAIRWAY
BUILDING
EXCEPTIONS.
(1)
Notwithstanding
a
13
local
government's
adoption
of
the
International
Building
Code
or
any
other
14
provision
of
law
to
the
contrary,
local
governments
may
allow
residential
15
group
R
-
2
apartment
buildings
to
be
served
by
one
(1)
single
stairway
under
16
the
following
conditions:
17
(a)
The
building
has
no
more
than
six
(6)
stories
above
grade
plane
18
without
an
occupiable
roof,
or
has
no
more
than
five
(5)
stories
above
19
grade
plane
with
an
occupiable
roof
and
no
more
than
one
(1)
basement
20
level;
21
(b)
The
building
has
no
more
than
four
(4)
dwelling
units
on
any
floor
22
with
a
maximum
gross
floor
area
not
exceeding
six
thousand
(6,000)
23
square
feet
for
each
story;
24
(c)
The
building
is
of
type
I,
II,
III,
IV,
or
V
construction;
25
(d)
An
automatic
sprinkler
system
shall
be
provided
throughout
the
26
building
in
accordance
with
section
903.3.1.1
of
the
national
fire
pro
-
27
tection
association's
standard,
NFPA
13;
28
(e)
An
interior
stairway
is
provided
and
doors
in
the
stairway
swing
29
into
the
interior
stairway
regardless
of
the
occupant
load
served,
pro
-
30
vided
that
doors
from
the
interior
exit
stairway
to
the
building
exte
-
31
rior
are
permitted
to
swing
in
the
direction
of
exit
travel;
32
(f)
Openings
into
the
interior
exit
stairway
shall
be
ninety
(90)
33
minute
fire
protection
rated
with
self
-
closers
and
no
hold
-
open
de
-
34
vices,
unless
they
are
interconnected
with
the
fire
alarm
system
to
35
release
upon
activation
of
the
occupant
notification
system
and
open
-
36
ings
are
limited
to
those
required
for
exit
access
into
the
enclosure
37
from
normally
occupied
spaces,
openings
required
for
egress
from
the
38
stairway,
and
openings
to
the
exterior.
Elevators
shall
not
open
into
39
the
interior
exit
stairway;
40
2
(g)
The
interior
exit
stairway
and
elevator
shaft
shall
have
a
fire
re
-
1
sistance
rating
of
not
less
than
two
(2)
hours
regardless
of
the
number
2
of
stories
connected;
3
(h)
The
width
of
the
exit
stairway
shall
not
be
less
than
forty
-
eight
4
(48)
inches;
5
(i)
A
minimum
one
(1)
hour
fire
resistance
rated
corridor
separates
6
each
dwelling
unit
entry
and
exit
door
from
the
door
to
an
interior
exit
7
stairway,
including
any
related
exit
passageway,
on
each
floor;
8
(j)
Dwelling
unit
doors
shall
not
open
directly
into
an
interior
exit
9
stairway;
10
(k)
No
more
than
twenty
(20)
feet
of
travel
distance
shall
exist
between
1
1
the
exit
stairway
and
the
entry
and
exit
door
of
any
dwelling
unit;
12
(l)
Exit
access
travel
distance
shall
not
exceed
one
hundred
twenty
-
13
five
(125)
feet;
14
(m)
An
exit
serving
the
group
R
-
2
occupancy
as
defined
in
the
Interna
-
15
tional
Building
Code
shall
not
discharge
through
any
other
occupancy,
16
including
an
accessory
parking
garage;
17
(n)
An
exit
shall
not
terminate
in
an
egress
court
where
the
court
depth
18
exceeds
the
court
width
unless
it
is
possible
to
exit
in
either
direc
-
19
tion
to
the
public
way;
20
(o)
Exterior
wall
openings
shall
be
three
-
fourths
(3/4)
hour
fire
pro
-
21
tection
rated
when
located
within
ten
(10)
feet
of
the
exit
discharge
22
door
or
other
unprotected
exterior
wall
openings
into
the
interior
exit
23
stairway;
24
(p)
Emergency
escape
and
rescue
openings
shall
comply
with
the
require
-
25
ments
of
the
International
Building
Code
on
all
floors
served
by
the
26
single
exit;
27
(q)
No
electrical
receptacles
shall
be
installed
in
an
interior
exit
28
stairway.
Any
electrical
receptacles
in
a
common
corridor
or
lobby
29
shall
have
lockable
outlet
covers,
accessible
by
maintenance
person
-
30
nel;
31
(r)
An
automatic
smoke
and
fire
detection
system
that
activates
the
oc
-
32
cupant
notification
system
in
accordance
with
the
requirements
of
the
33
International
Building
Code
shall
be
installed
in
the
building;
34
(s)
An
approved
sign
mounted
adjacent
to
the
fire
alarm
control
panel
35
shall
be
provided
stating
"THIS
BUILDING
CONTAINS
ONLY
ONE
STAIR";
36
(t)
There
shall
be
no
more
than
two
(2)
buildings,
or
two
(2)
areas
in
a
37
single
building,
each
provided
with
a
single
exit,
per
lot.
Where
there
38
are
two
(2)
buildings
on
the
same
lot,
exception
1
of
section
705.3
of
39
the
International
Building
Code
shall
not
be
allowed;
and
40
(u)
The
building
shall
meet
all
other
applicable
provisions
of
the
41
adopted
local
building
codes.
42
(2)
A
manual
fire
alarm
system
and
automatic
smoke
detection
system
43
that
activates
the
occupant
notification
system
in
accordance
with
the
re
-
44
quirements
of
the
International
Building
Code
shall
be
installed
in
single
45
stairway
apartment
buildings
provided
for
in
this
section
in
the
following
46
locations:
47
(a)
Common
spaces
outside
of
dwelling
units;
48
(b)
Laundry
rooms,
mechanical
equipment
rooms,
and
storage
rooms;
49
(c)
Interior
corridors
serving
dwelling
units;
and
50
3
(d)
Interior
corridors,
interior
exit
stairways,
and
exit
passageways.
1
SECTION
2.
That
Section
39
-
4116,
Idaho
Code,
be,
and
the
same
is
hereby
2
amended
to
read
as
follows:
3
39
-
4116.
LOCAL
GOVERNMENT
ADOPTION
AND
ENFORCEMENT
OF
BUILDING
4
CODES.
(1)
Local
governments
enforcing
building
codes
shall
do
so
only
in
5
compliance
with
the
provisions
of
this
section.
Local
governments
that
have
6
not
previously
instituted
and
implemented
a
code
enforcement
program
prior
7
to
the
effective
date
of
this
act
may
elect
to
implement
a
building
code
8
enforcement
program
by
passing
an
ordinance
evidencing
the
intent
to
do
so.
9
Local
governments
may
contract
with
a
public
or
private
entity
to
administer
10
their
building
code
enforcement
program.
1
1
(2)
Local
Except
as
otherwise
provided
in
this
chapter,
local
govern
-
12
ments
that
issue
building
permits
and
perform
building
code
enforcement
ac
-
13
tivities
shall,
by
ordinance
effective
January
1
of
the
year
following
the
14
adoption
by
the
Idaho
building
code
board,
adopt
the
following
codes
as
pub
-
15
lished
by
the
International
Code
Council
together
with
any
amendments
or
re
-
16
visions
set
forth
in
section
39
-
4109,
Idaho
Code,
including
subsequent
ver
-
17
sions
of
the
International
Building
Code
as
adopted
and
amended
by
the
Idaho
18
building
code
board
through
the
negotiated
rulemaking
process
provided
in
19
this
chapter:
20
(a)
International
Building
Code,
including
all
rules
promulgated
by
21
the
board
to
provide
equivalency
with
the
provisions
of
the
Americans
22
with
disabilities
act
accessibility
guidelines
and
the
federal
fair
23
housing
act
accessibility
guidelines;
24
(b)
Idaho
residential
code,
parts
I
-
III
and
IX;
and
25
(c)
2018
Idaho
energy
conservation
code,
pursuant
to
chapter
97,
title
26
39,
Idaho
Code.
27
Local
governments
are
not
required
by
this
chapter
to
adopt
the
other
refer
-
28
enced
codes
in
the
International
Building
Code.
Local
jurisdictions
shall
29
not
adopt
provisions,
chapters,
sections
or
parts
of
subsequent
versions
30
of
the
International
Residential
Code
or
residential
provisions
of
the
31
International
Energy
Conservation
Code,
or
subsequent
versions
in
their
32
entirety,
that
have
not
been
adopted
by
the
Idaho
building
code
board
except
33
as
provided
in
subsection
(4)
of
this
section.
34
(3)
All
single
family
homes
and
multiple
family
dwellings
up
to
two
35
(2)
units
are
hereby
exempted
from
the
provisions
of
the
International
Fire
36
Code,
the
International
Building
Code
and
the
Idaho
residential
code
that
37
require
such
dwellings
to
have
automatic
fire
sprinkler
systems
installed.
38
Nothing
in
this
section
shall
prevent
any
person
from
voluntarily
installing
39
an
automatic
fire
sprinkler
system
in
any
residential
dwelling.
40
(4)
Except
as
provided
in
this
subsection,
local
governments
may
amend
41
by
ordinance
the
adopted
codes
or
provisions
of
referenced
codes
to
reflect
42
local
concerns,
provided
such
amendments
establish
at
least
an
equivalent
43
level
of
protection
to
that
of
the
adopted
building
code.
A
local
jurisdic
-
44
tion
shall
not
have
the
authority
to
amend
any
accessibility
provision
pur
-
45
suant
to
section
39
-
4109,
Idaho
Code,
except
as
provided
in
this
subsection.
46
(a)
A
local
jurisdiction
shall
not
have
the
authority
to
amend
any
ac
-
47
cessibility
provision
pursuant
to
section
39
-
4109,
Idaho
Code.
48
4
(b)
A
local
jurisdiction
shall
not
adopt
any
provision,
chapter,
sec
-
1
tion
or
part
of
the
International
Residential
Code
or
residential
pro
-
2
visions
of
the
International
Energy
Conservation
Code,
or
subsequent
3
versions
in
their
entirety,
that
have
not
been
adopted
or
that
have
been
4
expressly
rejected
or
exempted
from
the
adopted
version
of
those
codes
5
by
the
Idaho
building
code
board
through
the
negotiated
rulemaking
6
process
as
provided
in
section
39
-
4109,
Idaho
Code.
7
(c)
Local
jurisdictions
may
amend
by
ordinance
the
following
provi
-
8
sions
of
the
Idaho
residential
code
to
reflect
local
concerns:
9
(i)
Part
I,
Administrative;
10
(ii)
Part
II,
Definitions;
1
1
(iii)
Part
III,
Building
Planning
and
Construction,
Section
R
301,
12
Design
Criteria;
and
13
(iv)
Part
IX,
Appendices.
14
(d)
Local
jurisdictions
may
amend
the
remainder
of
Part
III
of
the
15
Idaho
residential
code
if
they
find
that
good
cause
for
building
or
life
16
safety
exists
for
such
an
amendment
to
such
codes
and
that
such
amend
-
17
ment
is
reasonably
necessary.
Amendments
shall
be
adopted
by
ordinance
18
in
accordance
with
the
provisions
of
chapter
9,
title
50,
Idaho
Code,
or
19
chapter
7,
title
31,
Idaho
Code,
and
provided
further
that
such
local
20
jurisdiction
shall
conduct
a
public
hearing
and,
provided
further,
that
21
notice
of
the
time
and
place
of
the
public
hearing
shall
be
published
22
in
the
official
newspaper
or
paper
of
general
circulation
within
the
23
jurisdiction
and
written
notice
of
each
of
such
public
hearing
and
the
24
proposed
language
shall
be
given
by
the
local
jurisdiction
to
the
lo
-
25
cal
chapters
of
the
entities
identified
in
section
39
-
4109(5),
Idaho
26
Code,
not
less
than
thirty
(30)
days
prior
to
such
hearing.
In
the
event
27
that
there
are
no
local
chapters
of
such
entities
identified
in
sec
-
28
tion
39
-
4109(5),
Idaho
Code,
within
the
local
jurisdiction
holding
the
29
hearings,
the
notice
shall
be
provided
to
the
state
associations
of
the
30
respective
entities.
31
(5)
Local
governments
shall
exempt
agricultural
buildings
from
the
re
-
32
quirements
of
the
codes
enumerated
in
this
chapter
and
the
rules
promulgated
33
by
the
board.
A
county
may
issue
permits
for
agricultural
buildings
to
as
-
34
sure
compliance
with
road
setbacks
and
utility
easements,
provided
that
the
35
cost
for
such
permits
shall
not
exceed
the
actual
cost
to
the
county
of
issu
-
36
ing
the
permits.
37
(a)
For
the
purposes
of
this
subsection,
"agricultural
buildings"
38
means:
39
(i)
Livestock
shelters
or
buildings,
including
shade
structures
40
and
milking
barns;
41
(ii)
Poultry
buildings
or
shelters;
42
(iii)
Barns;
43
(iv)
Storage
and
maintenance
structures
for
equipment
and
machin
-
44
ery
used
exclusively
in
agricultural
operations;
45
(v)
Horticultural
structures,
including
detached
production
46
greenhouses
and
crop
protection
shelters;
47
(vi)
Sheds
used
as
part
of
an
agricultural
operation;
48
(vii)
Grain
silos;
49
(viii)
Stables;
and
50
5
(ix)
Any
other
structure
designed,
constructed,
and
intended
to
1
house,
accommodate,
or
store
farm
implements,
hay,
grain,
poul
-
2
try,
livestock,
or
other
horticultural
products.
3
(b)
For
the
purposes
of
this
subsection,
"agricultural
buildings"
does
4
not
include:
5
(i)
A
place
of
human
habitation,
which
means
a
space
in
a
build
-
6
ing
for
living,
sleeping,
or
cooking.
Structures
with
bathrooms,
7
shower
rooms,
break
rooms,
locker
rooms,
storage
or
utility
space,
8
or
other
similar
areas
are
not
considered
places
of
human
habita
-
9
tion;
10
(ii)
A
place
of
employment
where
agricultural
products
are
pro
-
1
1
cessed,
treated,
or
packaged;
or
12
(iii)
A
place
used
by
the
public.
13
(c)
Counties
shall
not
alter,
amend,
deny,
limit,
or
narrow
the
exemp
-
14
tion
provided
pursuant
to
this
subsection
by,
including
but
not
limited
15
to,
requiring
size
limitations
of
agricultural
buildings,
requiring
16
maximum
travel
distances
to
exits
within
agricultural
buildings,
or
17
requiring
installation
of
automatic
sprinkler
systems
in
agricultural
18
buildings.
19
(6)
Permits
shall
be
governed
by
the
laws
in
effect
at
the
time
the
per
-
20
mit
application
is
received.
21
(7)
The
division
shall
retain
jurisdiction
for
in
-
plant
inspections
22
and
installation
standards
for
manufactured
or
mobile
homes
and
for
in
-
plant
23
inspections
and
enforcement
of
construction
standards
for
modular
buildings
24
and
commercial
coaches.
25
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
27
July
1,
2026.
28