General Contracting in Boise City

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)] [House] [Page H5709] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ]

By Mr. FALEOMAVAEGA: H.R. 6313. Congress has the power to enact this legislation pursuant to the following: Article 1 Section 8 of the Constitution

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(1) The board may investigate any person engaged in contracting within the state of Idaho or any person believed to have acted as a contractor without being duly registered as required by this chapter. Upon receipt of a written complaint from a person who claims to have been injured or defrauded by such person, or upon information received by the board, the board shall perform an investigation of the facts alleged against such person. If the board investigation reveals that the facts alleged or received are sufficient to proceed with a formal action, the board may authorize the filing of an administrative complaint against such person and may seek injunctive relief prohibiting such person from engaging in construction. (2)  The board shall have the authority to issue informal letters of reprimand, suspend or revoke a registration, impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) or to issue a formal reprimand against any registered contractor if, after an opportunity for a hearing, the board determines that: (a)  A contractor has violated any of the provisions of this chapter including, but not limited to, failure to keep current or provide insurance coverage as required by this chapter; (b)  A contractor has violated any of the provisions ofchapter 6, title 48, Idaho Code, relating to consumer protection including, but not limited to, making fraudulent misrepresentations to consumers; (c)  A contractor employed fraud or deception, made a misrepresentation or misstatement, or employed any unlawful means in applying for or securing registration as a contractor; (d)  A contractor employed fraud or deception, made a misrepresentation or misstatement, or employed any unlawful means in applying for or securing a building permit or other permits for construction of any type; (e)  A contractor failed to pay the required fee for registration as provided in this chapter; (f)  A contractor has been convicted of or has engaged in conduct constituting a violation of public laws, ordinances or rules of this state, or any subdivision thereof, relevant to contracting, reflecting on the registered contractor’s ability or qualifications to continue contracting for other persons, and making the registered contractor a threat to the public safety, health or well-being; (g)  A contractor has engaged in any other conduct whether of the same or a different character than hereinabove specified which constitutes dishonest or dishonorable dealings; (h)  A contractor had a license, registration or certification revoked, suspended or refused by this or another state, territory, incorporated municipality, county, alternative form of local government, or other municipal or political corporation or subdivision of this or another state, or omitted such information from any application to the board, or failed to divulge such information when requested by the board; (i)  A contractor has been adjudged mentally incompetent by a court of competent jurisdiction; or (j)  A contractor interfered with an investigation or disciplinary proceeding by a willful misrepresentation of facts or by the use of threats or harassment against any person to prevent such person from providing evidence in a disciplinary proceeding, investigation or other legal action instituted in accordance with this chapter. (3)  A contractor whose registration has been revoked or suspended shall be required to return his certificate of registration within the time determined by the board or, upon a failure to do so, shall be liable for civil penalties as set by the board but not to exceed fifty dollars ($50.00) per day for each day the certificate is not returned after the expiration of the period allowed. (4)  The suspension or revocation of a registration shall be considered a contested case as provided for inchapter 52, title 67, Idaho Code, and shall be subject to the provisions of that chapter as well as the administrative rules adopted by the board governing contested cases. (5)  The assessment of attorney’s fees and costs incurred in the investigation and prosecution or defense of a person under this section shall be governed by the provisions of section12-117(5), Idaho Code.

(1) On and after January 1, 2006, no building inspector or such other authority of any county, municipality or district charged with the duty of issuing building permits or other permits for construction of any type shall issue any permit without first requesting presentment of an Idaho contractor’s registration number. Such registration number presented shall be conspicuously entered on the face of a permit so issued; provided however, a permit may be issued to a person otherwise exempt from the provisions of this chapter provided such permit shall conspicuously contain the phrase "no contractor registration provided" on the face of such permit. No authority charged with the duty of issuing such permit shall be required to verify that the person applying for such permit is exempt as provided in this chapter. (2)  All building permits or other permits for construction of any type shall be posted at the construction site in such a manner that the conspicuous statements set forth in subsection (1) of this section are visible. (3)  No person engaged in construction activities who is otherwise exempt as set forth in section54-5205, Idaho Code, shall be required to have a contractor registration number.

(1) Nothing in this chapter shall be construed to restrict any person licensed, registered, or otherwise regulated by the state of Idaho from engaging in the profession or practice for which they are licensed, registered or otherwise regulated by the state of Idaho including, but not limited to, persons licensed pursuant to chapters 3, 10, 12, 19, 26, 45 and 50,title 54, Idaho Code, nor shall this chapter require such persons otherwise licensed, registered or regulated to obtain such registration as required by this chapter, so long as such person is not acting with the intent to evade this chapter. No such person exempt hereunder may hold himself out as a registered contractor. (2)  In addition to the exemption set forth in subsection (1) of this section, registration as provided for in this chapter shall not be required for the following, so long as such person is not acting with the intent to evade this chapter and so long as such person does not hold himself out as a registered contractor: (a)  A person who only performs labor or services for wages or a salary as an employee of a contractor, or as an employee of a person otherwise exempt by the provisions set forth in this chapter, or strictly as a volunteer or as part of a bona fide educational curriculum or nonprofit charitable activity for which no wages or salary shall be paid; provided however, that such exemption shall not apply to any subcontractor or other independent contractor who is not otherwise exempt; (b)  An authorized representative of the United States government, the state of Idaho, or any incorporated municipality, county, alternative form of local government, highway district, reclamation district, or other municipal or political corporation or subdivision of this state; (c)  A public utility operating under the regulation of the Idaho public utility commission as set forth intitle 61, Idaho Code, in the construction, maintenance, or development work incidental to its own business; (d)  A person who performs repair or operation incidental to the discovery or production of oil, gas or minerals or incidental to the drilling, testing, abandoning, or other operation of an oil or gas well or a surface or underground mine or mineral deposit; (e)  A person who only furnishes materials, supplies or equipment without that person installing or fabricating them into or consuming them in the performance of the work of the construction contractor; (f)  A person performing work on one (1) undertaking or project considered casual, minor, or inconsequential, whether by one (1) or more contracts, the aggregate contract price of which, for labor and materials and all other items, is less than two thousand dollars ($2,000). The exemptions prescribed in this paragraph (f) shall not apply when the work or construction is part of a larger construction project, whether undertaken by the same or a different construction contractor, or in which a division of the operation is made into contracts of amounts of less than two thousand dollars ($2,000) for the purpose of evasion of this chapter or otherwise; (g)  A farmer or rancher while engaged in a farming, dairying, agriculture, viticulture, horticulture, or stock or poultry operation; (h)  A person who engages in the construction of an agriculture building which is exempt from the Idaho building code act as set forth in section39-4116, Idaho Code; (i)  An irrigation district, canal company, reservoir district, ground water district, water district, water measurement district, recharge district, flood control district, drainage district, or other water delivery or water management entity, or an operating agent of irrigation districts whose board consists of directors of its member districts; (j)  An operation related to clearing or other work upon land in rural districts for fire prevention purposes; (k)  An owner who contracts for work to be performed by a registered contractor on his own property, provided however, this exemption shall not apply to an owner who, with the intent to evade this chapter, constructs a building, residence or other improvement on the owner’s property with the intention and for the purpose of selling the improved property at any time during the construction or within twelve (12) months of completion of such construction; (l)  An owner performing construction on the owner’s personal residential real property, whether or not occupied by the owner, provided however, this exemption shall not apply to an owner who is otherwise regulated by this chapter who constructs a building, residence or other improvement on the owner’s property with the intention and for the purpose of promptly selling the improved property, unless the owner has continuously occupied the property as the owner’s primary residence for not less than twelve (12) months prior to the sale of such property; (m)  Owners of commercial properties, or lessees of commercial properties with the consent of the owner, who, whether themselves or with their own employees, perform maintenance, repair, alteration or construction work in or upon the properties; (n)  A real estate licensee acting within the scope of his license pursuant tochapter 20, title 54, Idaho Code, who, incident to a regulated real estate transaction, assists his clients in scheduling or performing nominal maintenance and repairs upon such properties being transferred; provided however, nothing in this section shall otherwise authorize a real estate licensee or a property manager to act in the capacity of a contractor unless registered with the board; (o)  A contractor engaged in the logging industry who builds forest access roads for the purpose of harvesting and transporting logs from forest to mill; (p)  A person working on the person’s own residence, if the residence is owned by a person other than the resident; (q)  A person who engages in the construction of buildings to be used primarily for industrial chemical process purposes as set forth in section39-4103, Idaho Code; or (r)  A person who engages in the construction of a modular building as defined in section39-4301, Idaho Code, that is constructed in the state of Idaho for installation on a building site outside the state.

As used in this chapter: (1)  "Board" means the Idaho contractors board as created in section54-5206, Idaho Code. (2)  "Construction" means the performance of building, altering, repairing, adding to, subtracting from, improving, reconstructing, moving, excavating, wrecking or demolishing any building, highway, road, bridge, or other structure, project, development or improvement to real property, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. (3)  "Contractor" means: (a)  Any person who in any capacity undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to, or does himself or by or through others, perform construction; or (b)  A construction manager who performs construction management services. (4)  "Department" means the department of self-governing agencies of the state of Idaho. (5)  "Division administrator" means the chief administrative officer of the division of occupational and professional licenses. (6)  "Person" means any individual, firm, partnership, limited liability company, limited liability partnership, corporation, trust, association or other entity or organization capable of conducting business, or any combination thereof acting as a unit.

As used in this chapter: (1)  "Heating, ventilation and air conditioning (HVAC)" means and includes the business, trade, practice or work, materials and fixtures used in the design, construction, installation, improvement, extension and alteration of all piping, venting, ductwork, appliances and appurtenances in connection with any heating, ventilation or air conditioning system or subsystems of such. (2)  "Heating, ventilation and air conditioning apprentice" means any person who, as his principal occupation, is engaged in learning and assisting in installation, improvement, extension, alteration or repair of HVAC systems. An apprentice shall perform HVAC work under the supervision of an HVAC journeyman or HVAC contractor. (3)  "Heating, ventilation and air conditioning contractor" means any person who fabricates, installs, maintains, services and repairs warm air heating and water heating systems, heat pumps, complete with warm air appliances including, but not limited to, boilers, pool heaters, space heaters, decorative gas and solid fuel-burning appliances, and gas, propane, electric or oil-fired water heaters; ventilating systems complete with blowers and plenum chambers; air conditioning systems complete with air conditioning unit and the ducts, registers, flues, humidity and thermostatic controls of air, liquid or gas temperatures below fifty (50) degrees fahrenheit or ten (10) degrees celsius, and air filters in connection with any of these systems. (4)  "Heating, ventilation and air conditioning journeyman" means any person who, as his principal occupation, is engaged in the installation, improvement, extension, alteration or repair of HVAC systems and who is familiar with the provisions of this chapter and who works in the employ and under direction of an HVAC contractor. (5)  "Heating, ventilation and air conditioning specialty apprentice including specialty limited heating apprentice" means any person who, as his principal occupation, is engaged in learning and assisting in a specific aspect of installation, improvement, extension, alteration or repair of HVAC systems that includes, but is not limited to, such aspects as gas piping, gas appliances and installation, or decorative gas-fired appliances. A specialty apprentice shall perform HVAC work under the supervision of an HVAC journeyman, HVAC specialty journeyman, HVAC contractor or an HVAC specialty contractor. (6)  "Heating, ventilation and air conditioning specialty contractor including specialty limited heating contractor" means any person who, as his principal occupation, is engaged in a specific aspect of the heating, ventilation and air conditioning trade that includes, but is not limited to, such aspects as gas piping, gas appliances and installation, or decorative gas-fired appliances. (7)  "Heating, ventilation and air conditioning specialty journeyman including specialty limited heating journeyman" means any person who, as his principal occupation, is engaged in a specific aspect of installation, improvement, extension, alteration or repairing of HVAC systems that includes, but is not limited to, such aspects as gas piping, gas appliances and installation, or decorative gas-fired appliances. A specialty journeyman is familiar with the provisions of this chapter and works in the employ and under direction of an HVAC contractor or an HVAC specialty contractor. (8)  "Heating, ventilation and air conditioning system" means any heating, ventilation or air conditioning system in a residential, private, public or semipublic building or structure including, but not limited to, any mechanical means of heating or air conditioning and to gas piping, venting, ductwork and controls. (9)  "Local government" means any incorporated city or any county in the state. (10) "Specialty limited heating" as it applies to the definitions of "heating, ventilation and air conditioning specialty apprentice," "heating, ventilation and air conditioning specialty contractor" and "heating, ventilation and air conditioning specialty journeyman" means any person who installs, maintains, services and repairs LP gas-fired appliances, LP fuel gas piping and related exhaust venting. This definition of specialty limited heating shall exclude boilers, hydronic systems, ducted forced air systems, ventilating and air conditioning systems, systems with a BTU input rating over three hundred thousand (300,000), solid fuel and electric fueled systems. A "specialty limited heating journeyman" is required to meet the experience requirement and either the education or examination requirement set forth in this section to receive a certificate of competency. The education of a "specialty limited heating journeyman" shall include one hundred twenty (120) hours of instruction approved by the board for career technical education in LP gas specialty education. The experience requirement of a "specialty limited heating journeyman" shall be two (2) years’ experience working in the trade, in compliance with the requirements of the state in which the applicant received his supervision or as a registered HVAC apprentice or registered HVAC specialty apprentice making HVAC installation on the job under the supervision of a qualified HVAC journeyman or qualified HVAC specialty journeyman. The examination required in this section shall be developed by the board for career technical education and approved by the Idaho heating, ventilation and air conditioning board.

(1) The board shall have the general administration and supervision of the design, construction, installation, improvement, extension and alteration of plumbing and plumbing systems, except that which has been heretofore and hereinafter exempted from the jurisdiction of this board, in connection with all buildings, residences and structures in this state including buildings, residences and structures owned by the state or any political subdivision thereof. (2)  The division of occupational and professional licenses shall enforce the minimum standards and requirements therefor as provided by this chapter. (3)  The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter, and it may among other things: (a)  Establish the fees to be charged for permits and inspections of plumbing systems. (b)  Hold public meetings and attend or be represented at such meetings, within or without the state, prepare and publish rules pertaining to this chapter, and such other information as may be necessary, and furnish copies thereof to those engaged in the business, trade, practice or work of plumbing and pipefitting and to the public upon request. (c)  Furnish standards and procedures and prescribe reasonable rules for examinations, qualification and certification of plumbing contractors and journeymen and apprentice plumbers not herein prescribed, including the establishment of continuing education requirements for journeymen and plumbing contractors. (d)  Require the furnishing of a compliance bond by plumbing contractors in an amount not to exceed two thousand dollars ($2,000) for the contractor classification or evidence of such coverage by a corporate industry group bond acceptable to the board. (e)  Furnish standards and procedures and prescribe reasonable rules to provide for the certification of specialty contractors, specialty journeymen, and specialty apprentices, including the furnishing of a compliance bond in an amount not to exceed two thousand dollars ($2,000) for the specialty contractor classification or evidence of coverage by a corporate industry group bond acceptable to the board. (f)  Establish by administrative rule civil penalties not to exceed one thousand dollars ($1,000) for each count or separate offense, to be paid for violations of this chapter and rules of the Idaho plumbing board; and to establish by administrative rule the process by which appeals from the imposition of civil penalties may be heard. The board is authorized to affirm, reject, decrease or increase the penalty imposed; however, the board shall not increase any penalty imposed to an amount exceeding one thousand dollars ($1,000) for each individual count or separate offense.

(1) The Idaho plumbing board, referred to as the board, is hereby created and made a part of the division of occupational and professional licenses. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this act; and the board shall make, promulgate and publish such rules as may be necessary for carrying out the provisions of this act in order to effectuate the purposes thereof and for the orderly and efficient administration thereof, and except as may be limited or prohibited by law and the provisions of this act, such rules so made and promulgated shall have the force of statute. (2)  The board shall consist of five (5) members. The members shall be appointed at large by the governor and shall serve at the pleasure of the governor. Members shall be appointed for a term of three (3) years. Whenever a vacancy occurs, the governor shall forthwith appoint a qualified person to fill the vacancy for the unexpired portion of the term. (3)  All members of the board shall be United States citizens, residents of this state for not less than two (2) years, and qualified by knowledge, integrity and experience to properly execute the functions of the board. Two (2) members shall be members of the public at large with an interest in the rights of consumers of plumbing services; one (1) member shall be an active plumbing contractor with not less than five (5) years’ experience in the plumbing contracting business; one (1) member shall be an active plumbing contractor with not less than five (5) years in the plumbing contracting business with an additional background of experience in gas piping installations in buildings; and one (1) member shall be a journeyman plumber. All members of the board shall take, subscribe and file with the secretary of state an oath of office in the form, manner and time prescribed bychapter 4, title 59, Idaho Code. (4)  The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties. At the board’s first meeting, the members shall elect one (1) of their number to be chairman. A majority of the board shall constitute a quorum for the transaction of business and not less than two (2) quorum meetings shall be held each year. The board may delegate to any member, or its chairman or other employees, the power to make investigations and hold hearings at any place it may deem proper, and to report findings to it; and may delegate to its chairman and employees the performance of ministerial functions. (5)  Each member of the board shall be compensated as provided by section59-509(n), Idaho Code.

(1) Certificate of competency requirements of this chapter shall not be deemed to apply to: (a)  Any person who does plumbing work in a single or duplex family dwelling, including accessory buildings, quarters and grounds in connection with such dwelling; provided that such person owns or is a contract purchaser of the premises, and provided further that such person shall comply with the minimum standards and rules applicable to plumbing practices provided by this chapter. (b)  Farm buildings located outside the incorporated limits of any city unless such buildings are connected to a public water or sewer system; and a farm building is hereby defined to be a structure located on agricultural zoned property and designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products and includes sheds, barns, corrals or fences. This definition does not include a place for human habitation or a place of regular employment where agricultural products are extracted, processed, treated or packaged; a place used by the public; or conditioned livestock housing. (c)  Logging, mining or construction camps when plumbing installations are made to conform with the recommendations of the department of environmental quality. (d)  Piping systems in industrial processing plants located outside the incorporated limits of any city unless such systems are connected to a public water or sewer system. (e)  Work on plumbing systems on premises owned or operated by an employer who regularly employs maintenance or construction plumbers, provided that alterations, extensions and new construction shall comply with the minimum standards and rules applicable to plumbing practices provided by this chapter. (f)  Nothing contained in this section or any other provision of this code shall be construed or applied to require a sewer contractor, sewage disposal contractor, or any excavating or utility contractor who generally engages in the business of installing, altering or repairing sewers, private and public sewage disposal systems, and water distribution and/or drainage lines outside the foundation walls of any building or structure to obtain a valid contractor’s certificate of competency or to employ only journeymen plumbers possessing a valid journeyman plumber’s certificate of competency or registration or to in any way require that his employees be registered, licensed or declared competent by the board. (g)  Water treatment installations and repairs when installed in residential or business properties, provided the same, when installed, repaired or completed, shall be inspected by a designated, qualified and properly identified agent of the division of occupational and professional licenses as to quality of workmanship and compliance with the applicable provisions of this chapter. (h)  Plumbing work within modular buildings as defined in section39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section39-4304, Idaho Code. (i)  Individuals holding a current installer license pursuant to the provisions ofchapter 21, title 44, Idaho Code, may make connections from manufactured home or mobile home sewer or water facilities to existing sewer or water facilities on-site. (j)  Individuals licensed pursuant tochapter 10, title 54, Idaho Code, orchapter 50, title 54, Idaho Code, as follows: (i)   Individuals holding a current HVAC or electrical license may install electrical circuitry from the disconnecting means to a water heater and electrical connections to the water heater as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the water heater is no more than fifty (50) feet long. (ii)  Individuals holding a current HVAC license may install gas piping and piping for hydronic systems. (iii) Individuals holding a current HVAC license may install boilers that are not otherwise subject to inspection by the industrial commission or its authorized agent. (k)  A nonprofit organization that is chartered to build houses and that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code, including a religious corporation, and such organization’s volunteers, performing plumbing installations for a single-family dwelling unit. An organization described in this paragraph shall designate a primary contact person with whom inspectors may communicate. (2)  To the extent that an electrical or HVAC installation permit issued by the Idaho division of occupational and professional licenses includes any part of a plumbing installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspecting requirements of this chapter if all required permit fees have been paid. (3)  Apprentice registration requirements shall not apply to high school students enrolled in an educational program recognized by the board in which the performance of plumbing installation is a formal component of the program. The exemption is limited to students performing residential installations as part of such program under the constant on-the-job supervision of a licensed journeyman plumber and a permit for the work is obtained from the authority having jurisdiction. Work hours performed by such students shall not apply toward apprentice work requirements. (4)  Any person, firm, copartnership, association or corporation making water treatment installations and/or repairs in accordance with the provisions of this chapter shall maintain a surety bond in the amount of two thousand dollars ($2,000).

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Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 19 PUBLIC WORKS CONTRACTORS 54-1926. Performance and payment bonds required of contractors for public buildings and public works of the state, political subdivisions and other public instrumentalities — Requirements for bonds — Governmental obligations. Before any contract equal to or greater than fifty thousand dollars ($50,000) for the construction, alteration, or repair of any public building or public work or improvement of the state of Idaho, or of any county, city, town, municipal corporation, township, school district, public educational institution, or other political subdivision, public authority, or public instrumentality, or of any officer, board, commission, institution, or agency of the foregoing, is executed, the person to whom such contract was awarded shall furnish to the state of Idaho, or to such county, city, town, municipal corporation, township, school district, public educational institution, or other political subdivision, public authority, or public instrumentality, or to such officer, board, commission, institution, or agency thereof, bonds that shall become binding upon the execution of the contract, and the person to whom the contract was awarded is hereinafter designated as "contractor": (1)  A performance bond in any amount to be fixed by the contracting body, but in no event less than eighty-five percent (85%) of the contract amount conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Said bond shall be solely for the protection of the public body executing the contract. (2)  A payment bond in an amount to be fixed by the contracting body but in no event less than eighty-five percent (85%) of the contract amount, solely for the protection of persons supplying labor or materials, or renting, leasing, or otherwise supplying equipment to the contractor or his subcontractors in the prosecution of the work provided for in such contract. (3)  Public bodies requiring a performance bond or payment bond in excess of fifty percent (50%) of the total contract amount shall not be authorized to withhold from the contractor or subcontractor any amount exceeding five percent (5%) of the total amount payable as retainage. Further, the public body shall release to the contractor any retainage for those portions of the project accepted by the contracting public body and the contractors as complete within thirty (30) days after such acceptance. Contractors, contracting with subcontractors pursuant to contract work with a public body, shall not be authorized to withhold from the subcontractor any amount exceeding five percent (5%) of the total amount payable to the subcontractor as retainage. The contractor shall remit the retainage to the subcontractor within thirty (30) days after completion of the subcontract. Each bond shall be executed by a surety company or companies duly authorized to do business in this state, or the contractor may deposit any of the type of government obligations listed in subsection (2)(h) of section 54-1901 , Idaho Code, in lieu of furnishing a surety company performance or payment bond or bonds. In the case of contracts of the state or a department, board, commission, institution, or agency thereof the aforesaid bonds shall be payable to the state, or particular state agency where authorized. In case of all other contracts subject to this chapter, the bonds shall be payable to the public body concerned. Said bonds shall be filed in the office of the department, board, commission, institution, agency or other contracting body awarding the contract. Nothing in this section shall be construed to limit the authority of the state of Idaho or other public body hereinabove mentioned to require a performance bond or other security in addition to these, or in cases other than the cases specified in this chapter. It shall be illegal for the invitation for bids, or any person acting or purporting to act, on behalf of the contracting body to require that such bonds be furnished by a particular surety company, or through a particular agent or broker. History: [54-1926, added 1965, ch. 28, sec. 2, p. 43; am. 1979, ch. 124, sec. 1, p. 383; am. 1980, ch. 199, sec. 1, p. 460; am. 1986, ch. 67, sec. 2, p. 191; am. 1992, ch. 141, sec. 1, p. 434; am. 1999, ch. 166, sec. 1, p. 453; am. 2005, ch. 213, sec. 31, p. 664.; am. 2017, ch. 197, sec. 3, p. 483.]

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Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 19 PUBLIC WORKS CONTRACTORS 54-1914. Administrative enforcement proceedings. (1) The administrator may upon his own motion or at the direction of the board, and shall upon the verified complaint in writing of any person, investigate the actions of any public works contractor within the state and may undertake to reclassify, retype, place on probation, defer or precondition licensure, impose an administrative fine not to exceed twenty thousand dollars ($20,000) per violation, temporarily suspend or permanently revoke any license if the holder, while a licensee or applicant hereunder, is guilty of or commits any one (1) or more of the following acts or omissions: (a)  Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor; (b)  Diversion of funds or property received under express agreement for prosecution or completion of a specific construction project or operation, or for a specified purpose in the prosecution or completion of any construction project or operation, and their application or use for any other construction project or operation, obligation or purpose, with intent to defraud or deceive creditors or the owner; (c)  Willful departure from or disregard of plans or specifications in any material respect, and prejudicial to another, without consent of the owner or his duly authorized representative, and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications; (d)  Willful or deliberate disregard and violation of valid building laws of the state, or of any political subdivision thereof, or of the safety laws or labor laws or compensation insurance laws of the state; (e)  Misrepresentation of a material fact by an applicant in obtaining a license; (f)  Aiding or abetting an unlicensed person to evade the provisions of this chapter or conspiring with an unlicensed person, or allowing one’s license to be used by an unlicensed person, or acting as agent or partner or associate or otherwise of an unlicensed person, with the intent to evade the provisions of this chapter; (g)  Failure in any material respect to comply with the provisions of this chapter; (h)  Acting in the capacity of a contractor under any license issued hereunder except: (1) in the name of the licensee as set forth upon the license; or (2) in accordance with the personnel of the licensee as set forth in the application for such license, or as later changed as provided in this chapter; (i)  Knowingly accepting a bid from or entering into a contract with another contractor for a portion of a public works project if at that time such contractor does not possess the appropriate license to do that work as provided in this chapter; (j)  Willful failure or refusal without legal excuse on the part of a licensee as a contractor to finish a construction project or operation with reasonable diligence, causing material injury to another; (k)  Willful or deliberate failure by any licensee, or agent or officer thereof, to pay any moneys when due, for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient funds therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased; or denial of any such amount due or the validity of the claim thereof with intent to secure for himself, his employer, or other person any discount upon such indebtedness or with intent to hinder, delay or defraud the person to whom such indebtedness is due; (l)  Suffers a change in financial circumstances which may impair the licensee’s financial responsibility; (m)  Holding oneself or one’s firm out as a public works contractor by engaging in any act meeting the definition or character of a public works contractor as defined herein without a legally required license; or (n)  Failure to comply with subsection (1), (2) or (3) of section 67-2310 , Idaho Code. (2)  The administrator may upon his own motion or at the direction of the board, and shall upon the verified complaint in writing of any licensed public works contractor eligible to perform public works contracting duties, investigate the actions of any public entity within the state and may impose an administrative fine not to exceed five thousand dollars ($5,000) per violation if the public agency contracts for public works construction with an unlicensed or improperly licensed contractor or knowingly awards a contract based upon a bid or proposal not in compliance with subsection (1) or (2) of section 67-2310 , Idaho Code. (3)  The assessment of costs and fees incurred to investigate and prosecute or defend a complaint under this section shall be governed by the provisions of section 12-117 (5), Idaho Code. History: [54-1914, added 1941, ch. 115, sec. 14, p. 212; am. 1965, ch. 227, sec. 4, p. 535; am. 1982, ch. 147, sec. 3, p. 410; am. 1999, ch. 201, sec. 16, p. 540; am. 2000, ch. 318, sec. 1, p. 1073; am. 2001, ch. 300, sec. 11, p. 1094; am. 2005, ch. 213, sec. 28, p. 661; am. 2007, ch. 127, sec. 1, p. 382; am. 2018, ch. 348, sec. 11, p. 808.]

Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. Search Idaho Statutes

Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 19 PUBLIC WORKS CONTRACTORS 54-1913. Records, lists and information. The administrator shall maintain, open to public inspection during office hours, a complete record of all retained applications, licenses issued, licenses renewed, data collected through the provisions of section 54-1904A , Idaho Code, and all revocations, cancellations and suspensions of licenses, and shall furnish a certified copy of any license issued, upon receipt of the sum of fifty cents (50¢), which certified copy shall be received in all courts and elsewhere as evidence of the facts stated therein. Whenever funds are available for the purpose, the administrator shall publish a list of the names and addresses of contractors licensed under this chapter and such further information with respect to this chapter and its administration as the administrator deems proper. The administrator may furnish the lists to such public works and building departments, public officials or public bodies, and other persons interested in or allied with the building and construction industry in this or any other state as deemed advisable, and at such intervals as deemed necessary, whenever funds therefor are available. Copies of the lists may also be furnished by the administrator upon request to any firm or individual upon payment of a reasonable fee fixed by the board. Whenever funds are available for the purpose, the administrator may publish and disseminate to licensees and to public officials or other persons interested in or allied with the building and construction industry, such information with relation to the administration and enforcement of this chapter as deemed necessary to carry out its purposes. History: [54-1913, added 1941, ch. 115, sec. 13, p. 212; am. 1974, ch. 13, sec. 149, p. 138; am. 1980, ch. 130, sec. 3, p. 290; am. 1990, ch. 213, sec. 80, p. 548; am. 1993, ch. 237, sec. 5, p. 822; am. 1999, ch. 201, sec. 15, p. 540; am. 2001, ch. 183, sec. 23, p. 635; am. 2001, ch. 300, sec. 10, p. 1093; am. 2005, ch. 213, sec. 27, p. 661.]

Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. Search Idaho Statutes

Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 19 PUBLIC WORKS CONTRACTORS 54-1910. Examinations, qualifications and applications. Under such rules as the board may adopt, the administrator shall have the power and authority to investigate, classify, and to qualify applicants for licenses under this chapter, by written or oral examinations, or both. The qualifications to be required of an applicant by the board are as follows: (a)  Such degree of experience, and such general knowledge of the building, safety, health and lien laws of the state, and of the rudimentary administrative principles of the contracting business, as may be deemed necessary by the board for the safety and protection of the public. The applicant if an individual may qualify as to the aforementioned experience and knowledge by personal appearance or by the appearance of his responsible managing employee, and if a copartnership or corporation, limited liability company, limited liability partnership and any other combination or organization, by the appearance of the responsible managing officer or member of the personnel of such applicant. If the person qualifying by examination as to experience and knowledge shall, for any reason whatsoever, cease to be connected with the licensee to whom the license is issued, such licensee shall so notify the administrator in writing within ten (10) days from such cessation. If such notice is given, the license shall remain in force for a reasonable length of time, to be determined by rules of the board. If such licensee fails to so notify the administrator within said ten (10) day period, then at the end of such ten (10) day period the license of such licensee shall be automatically suspended. A suspended license shall be reinstated upon the filing with the administrator of an affidavit executed by the licensee or a member of the suspended firm, to the effect that the individual originally examined for the firm has been replaced by another individual who has been qualified by examination as herein provided, and who shall not have had a license suspended or revoked, nor have been connected with any licensee who has had a license suspended or revoked for reasons that should preclude him from personally qualifying as to good character as herein required of an applicant. (b)  The possession by the applicant of good character. Lack of character may be established by showing any of the following: (1)  That the applicant has committed or done any act which, if committed or done by any licensed contractor, would be grounds for the suspension or revocation of a contractor’s license; or (2)  That the applicant has committed or done any act involving dishonesty, fraud or deceit whereby the applicant has been benefited or whereby some injury has been sustained by another; or (3)  That the applicant bears a bad reputation for honesty and integrity; or (4)  That the applicant has been convicted of a crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code. (c)  That he has never been refused a license or had a license revoked for reasons that would preclude the granting of the license applied for. (d)  No license shall be issued to a corporation, copartnership, limited liability company, limited liability partnership or other combination or organization if any responsible officer of such corporation, or other combination or organization, or any member of such copartnership does not meet the qualifications required of an applicant other than those qualifications relating to knowledge and experience. (e)  To obtain an original license under this chapter, the applicant shall submit to the administrator, on such forms as the administrator shall prescribe, accompanied by the required fee for the class of license applied for, and in accordance with such rules as may be deemed necessary and adopted by the board in order to carry out the foregoing provisions of this section, a sworn written application for such license, containing the statement that the applicant desires the issuance of a license under the terms of this chapter. The information contained in such application forms shall include a complete statement of the general nature of the applicant’s contracting business, and stating concisely the applicant’s experience and qualifications as a contractor; the value and character of contract work completed and for whom performed during the three (3) year period prior to filing the application; a general description of the applicant’s machinery and equipment; a complete financial statement that may include a letter from the applicant’s bonding company stating the amount of the applicant’s bonding capability per project and in the aggregate, on such forms and disclosing such information as shall be required by the administrator, together with such additional information as may be required by the administrator to determine the applicant’s fitness for a license under this chapter. The application shall contain, if by an individual, the individual’s name, social security number and business address; if by a copartnership, its business address and the names and addresses of all partners; and if by a corporation, association, limited liability company, limited liability partnership or other organization, its business address and the names and addresses of the president, vice president, secretary, and chief construction managing officers, or responsible managing employee. A request for a licensing class higher than that for which the applicant qualifies must go to the administrator for review and may be approved up to the bond limit. A final appeal of a decision of the administrator may be made to the board. History: [54-1910, added 1941, ch. 115, sec. 10, p. 212; am. 1969, ch. 18, sec. 3, p. 30; am. 1999, ch. 201, sec. 12, p. 537; am. 2001, ch. 300, sec. 7, p. 1090; am. 2001, ch. 301, sec. 2, p. 1099; am. 2020, ch. 175, sec. 24, p. 527.]

Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. Search Idaho Statutes

Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 19 PUBLIC WORKS CONTRACTORS 54-1905. Public works contractors license board created — Qualifications of appointees — Term — Removals. There is hereby created and made part of the division of occupational and professional licenses a public works contractors license board. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this chapter and to serve as secretary to the board. The board shall be composed of eight (8) members, who shall be appointed by the governor. One (1) member of the board shall be a person whose primary business is that of a "heavy construction" contractor, one (1) member shall be a person whose primary business is that of a "highway construction" contractor, one (1) member shall be a person whose primary business is that of a "building construction" contractor, one (1) member shall be a person whose primary business is that of a "specialty construction" contractor, as such construction terms are defined in this chapter, one (1) member shall be a subcontractor with a license no higher than a class "A," one (1) member shall be a "construction manager," one (1) member shall be a registered professional engineer, and one (1) member shall be a member of the general public with an interest in the rights of consumers of public works contracting services. All contractor members of the board shall be contractors holding a current unrevoked license at the time of their appointment, actively engaged in the contracting business and have been so engaged for a period of not less than five (5) years preceding the date of their appointment, and who shall so continue in the contracting business during their term of office. Each member of the board next preceding his appointment shall have been a citizen and resident of the state of Idaho for at least five (5) years. The governor shall appoint a member to said board for a term of three (3) years, and no member shall be appointed to more than two (2) consecutive terms. All members shall serve at the pleasure of the governor. Each member shall hold office after the expiration of their own term until their successor has been duly appointed and qualified. Vacancies on the board for any cause shall be filled by appointment by the governor for the balance of the unexpired term. Each member of the board shall receive a certificate of appointment from the governor and, before entering upon the discharge of his duties, shall file with the secretary of state the constitutional oath of office. History: [54-1905, added 1941, ch. 115, sec. 5, p. 212; am. 1955, ch. 223, sec. 4, p. 480; am. 1974, ch. 13, sec. 148, p. 138; am. 1998, ch. 410, sec. 2, p. 1272; am. 1999, ch. 201, sec. 8, p. 535; am. 2000, ch. 438, sec. 1, p. 1396; am. 2001, ch. 300, sec. 4, p. 1089; am. 2001, ch. 301, sec. 1, p. 1098; am. 2016, ch. 340, sec. 23, p. 944; am. 2021, ch. 222, sec. 17, p. 631.]

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Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 19 PUBLIC WORKS CONTRACTORS 54-1904. Classes of licenses — Rights granted under licenses — Fees. (1) There shall be seven (7) classes of licenses issued under the provisions of this chapter, which are hereby designated as Classes Unlimited, AAA, AA, A, B, CC, and C, the maximum fee for which shall be as specified in this section. Each applicant for a license shall specify the class of license applied for in his application. (2)  For the purpose of licensing public works contractors under this chapter, the board may adopt rules necessary to determine the classification according to their responsibility and the type and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as in this chapter provided. (3)  The license classes shall be as follows: (a)  Class "Unlimited" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of more than five million dollars ($5,000,000) may, upon application and payment of a license fee not to exceed six hundred dollars ($600), be granted a Class "Unlimited" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "Unlimited" license shall be entitled to engage in the public works contracting business in this state as provided in said license. The renewal fee for a Class "Unlimited" license shall not exceed six hundred dollars ($600). An applicant requesting a Class "Unlimited" license in heavy, highway, specialty or building construction shall have a minimum net worth of one million dollars ($1,000,000) with six hundred thousand dollars ($600,000) in working capital. (b)  Class "AAA" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than five million dollars ($5,000,000) may, upon application and the payment of a license fee not to exceed five hundred dollars ($500), be granted a Class "AAA" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "AAA" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "AAA" license shall not exceed five hundred dollars ($500). (c)  Class "AA" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than three million dollars ($3,000,000) may, upon application and the payment of a license fee not to exceed four hundred dollars ($400), be granted a Class "AA" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "AA" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "AA" license shall not exceed four hundred dollars ($400). (d)  Class "A" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than one million two hundred fifty thousand dollars ($1,250,000) may, upon application and the payment of a license fee not to exceed three hundred dollars ($300), be granted a Class "A" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "A" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "A" license shall not exceed three hundred dollars ($300). (e)  Class "B" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than six hundred thousand dollars ($600,000) may, upon application and the payment of a license fee not to exceed two hundred dollars ($200), be granted a Class "B" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "B" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "B" license shall not exceed two hundred dollars ($200). (f)  Class "CC" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than four hundred thousand dollars ($400,000) may, upon application and the payment of a license fee not to exceed one hundred fifty dollars ($150), be granted a Class "CC" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "CC" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "CC" license shall not exceed one hundred fifty dollars ($150). (g)  Class "C" license. Any contractor whose qualifications, ability and responsibility to execute contracts for public works involving an estimated cost of not more than two hundred thousand dollars ($200,000) may, upon application and the payment of a license fee not to exceed one hundred dollars ($100), be granted a Class "C" license and be so classified by the board in accordance with the provisions of this chapter. The holder of a Class "C" license shall be entitled to engage in the public works contracting business in the state as provided in said license. The renewal fee for a Class "C" license shall not exceed one hundred dollars ($100). (4)  The board shall be vested with the power to fix annually the amount of the original and renewal license fees for each class of license for the ensuing license year. The amount of the license fee so fixed shall not exceed the maximum fee set forth in this section. (5)  Each license issued by the administrator shall clearly indicate the type and scope of work for which the licensee is qualified and licensed. The holder of the license shall be permitted to submit proposals for and perform only those types of work specified in each license. The administrator may extend the permissible type or scope of work to be done under any license when it is determined by the administrator that the applicant meets all of the requirements of this chapter to qualify him to do such other work. (6)  The total of any single bid on a given public works project, or the aggregate total of any split bids, or the aggregate of any base bid and any alternate bid items, or the aggregate total of any separate bid by a licensee of any class, except Class "Unlimited," shall not exceed the estimated cost or bid limit of the class of license held by the licensee. The aggregate total of bids shall include all bids of subcontractors. Subcontractor bids shall not be considered a separate bid for the purposes of computing the bid on a given public works project. History: [54-1904, added 1941, ch. 115, sec. 4, p. 212; am. 1955, ch. 223, sec. 3, p. 480; am. 1965, ch. 227, sec. 1, p. 535; am. 1969, ch. 18, sec. 1, p. 30; am. 1973, ch. 92, sec. 1, p. 159; am. 1985, ch. 137, sec. 1, p. 374; am. 1991, ch. 14, sec. 1, p. 30; am. 1996, ch. 332, sec. 1, p. 1126; am. 1999, ch. 201, sec. 4, p. 533; am. 2001, ch. 300, sec. 3, p. 1088; am. 2006, ch. 80, sec. 1, p. 242; am. 2008, ch. 254, sec. 1, p. 744; am. 2012, ch. 63, sec. 1, p. 165; am. 2024, ch. 58, sec. 2, p. 275.]

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Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 19 PUBLIC WORKS CONTRACTORS 54-1901. Legislative intent — Definitions. (1) The legislature finds that it is in the best interests of the people of the state of Idaho to establish a process for licensure of public works contractors to be administered through the public works contractors license board. To assure that experienced and qualified contractors provide services to public entities in Idaho, the board is charged with licensing as provided in this chapter. Effective licensing procedures should assure that contractors of integrity provide work for which they have specific experience and expertise and that public facilities are constructed and rebuilt by efficient and cost-effective means. Licensing should also protect the public health and safety through judicious exercise of investigative, disciplinary and enforcement activities. (2)  For the interpretation of this chapter, unless the context indicates a different meaning: (a)  "Person" includes any individual, firm, copartnership, corporation, limited liability company, limited liability partnership, association or other organization, or any combination thereof acting as a unit. (b)  "Public works contractor," which term is synonymous with the term "builder," "subcontractor" and "specialty contractor," and in this chapter referred to as "contractor" or "licensee," includes any person who, in any capacity, undertakes, or offers to undertake, or purports to have the capacity to undertake any construction, repair or reconstruction of any public work, or submits a proposal to, or enters into a contract with, the state of Idaho, or any county, city, school district, sewer district, fire district, or any other taxing subdivision or district of any public or quasi-public corporation of the state, or with any agency, or with any other public board, body, commission, department or agency, or officer or representative thereof, authorized to let or award contracts for the construction, repair or reconstruction of any public work. (c)  "Public works construction" includes any or all of the following branches: (i)   Heavy construction, which is defined as constructing substantially in its entirety any fixed works and structures (not including "building construction"), without limitation, for any or all of the following divisions of subjects: irrigation, drainage, sanitation, sewage, water power, water supply, reservoirs, flood control, reclamation, inland waterways, railroads, grade separations, track elevation, elevated highways, hydroelectric developments, aqueducts, transmission lines, duct lines, pipelines, locks, dams, dikes, levees, revetments, channels, channel cutoffs, intakes, drainage, excavation and disposal of earth and rocks, foundations, piers, abutments, retaining walls, viaducts, shafts, tunnels, airports, air bases and airways, and other facilities incidental to the same; (ii)  Highway construction, which is defined as all work included in highway construction contracts, including, without limitation, highways, roads, streets, bridges, tunnels, sewer and street grading, street paving, curb setting, surfacing and other facilities incidental to any of the same; (iii) Building construction, which is defined as all work in connection with any structure now built, being built, or hereafter built, for the support, shelter and enclosure of persons, chattels, personal and movable property of any kind, requiring in its construction the use of more than two (2) unrelated building trades or crafts. (iv)  Specialty construction, which is defined as any work in connection with any public works construction, requiring special skill and the use of specially skilled trades or crafts. (d)  "Board" means the board created by this chapter under the name of "public works contractors license board." (e)  "Administrator" means the administrator of the division of occupational and professional licenses. (f)  "Year" means the fiscal year ending June 30, each year. (g)  "Federal aid funds" means a direct grant in aid, matching funds, or loan from an agency of the federal government and designated for a specific public works project. Revenue sharing funds, federal impact funds, timber stumpage fees, and similar indirect allowances and subsidies not designated for a specific public works project shall not be regarded as "federal aid funds" within the meaning of this section. (h)  "Government obligation" means a public debt obligation of the United States government or the state of Idaho and an obligation whose principal and interest is unconditionally guaranteed by the United States government or the state of Idaho. (i)  "Public entity" means the state of Idaho, or any county, city, school district, sewer district, fire district, or any other taxing subdivision or district of any public or quasi-public corporation of the state, or any agency thereof, or with any other public board, body, commission, department or agency, or officer or representative thereof. (j)  "Bid" or "bidder" means any proposal submitted by a public works contractor to a public entity in competitive bidding for the construction, alteration, repair or improvement of any public works construction. History: [54-1901, added 1941, ch. 115, sec. 1, p. 212; am. 1955, ch. 223, sec. 1, p. 480; am. 1982, ch. 140, sec. 1, p. 395; am. 1982, ch. 147, sec. 1, p. 409; am. 1986, ch. 67, sec. 1, p. 189; am. 1991, ch. 282, sec. 1, p. 727; am. 1999, ch. 201, sec. 1, p. 530; am. 2001, ch. 300, sec. 1, p. 1086; am. 2005, ch. 213, sec. 24, p. 658; am. 2023, ch. 15, sec. 45, p. 100.]

Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. Search Idaho Statutes

Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 10 ELECTRICAL CONTRACTORS AND JOURNEYMEN 54-1016. Exemptions. (1) Nothing in this chapter shall be deemed to apply to: (a)  Any regulated utility, telephone company, rural telephone cooperative or municipal communications utility, or its employees, in the installation or maintenance of communication circuits, wires and apparatus by or for such entities or their communications service customers; (b)  Any electrical public utility, or its employees, in the installation and maintenance of electrical wiring, circuits, apparatus and equipment by or for such public utility or comprising a part of its plants, lines or system; (c)  Modular buildings as defined in section 39-4301 , Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section 39-4304 , Idaho Code. (2)  The licensing provisions of this chapter shall not apply to: (a)  Any property owner performing noncommercial electrical work in the owner’s primary or secondary residence or associated outbuildings or land associated with the entire property on which those buildings sit, except that homeowner installations of renewable power generation connected to the community power grid shall be subject to a preplan review in accordance with local jurisdictions’ policies and procedures prior to the purchase of a permit; (b)  Any person regularly employed as a maintenance electrician performing electrical maintenance work on the premises owned and operated by his employer, provided that electrical work is limited to maintenance and replacement of electrical fixtures, electrical conductors, electrical equipment and electrical apparatus on a like-for-like basis; (c)  Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the telephone company, rural telephone cooperative, or municipal communications utility; (d)  Any telephone company, rural telephone cooperative, or municipal communications utility, its employees, its subsidiaries, and employees of the subsidiaries performing repair work on customer-owned facilities at the request of the customer; (e)  Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing work on customer-owned facilities under the exclusive control of the electrical public utility, rural electrical cooperative, or municipal power utility; (f)  Any electrical public utility, rural electrical cooperative, municipal power utility, its employees, its subsidiaries, and employees of the subsidiaries performing emergency repair work on customer-owned facilities at the request of the customer; (g)  A fire department employee who is acting in his official capacity as a representative of his agency when he is replacing, maintaining, or repairing a hard-wired smoke or carbon monoxide alarm at the request of a homeowner in a one (1) or two (2) family dwelling unit, provided that such fire department employee has received annual training regarding electrical safety and installation of the devices identified in this paragraph; (h)  A limited electrical contractor, limited electrical installer, or employee of a company holding a limited electrical contractor license who is replacing or installing a fire alarm communication device (DACT). A person provided for in this paragraph shall obtain a permit if required by the authority having jurisdiction but must not be required to submit design plans. The fire alarm communication device (DACT) may be inspected if required by the authority having jurisdiction after replacement of the fire alarm communication device (DACT). The fee for a permit shall not exceed one hundred twenty-five dollars ($125); or (i)  A nonprofit organization that is chartered to build houses and that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code, including a religious corporation, and such organization’s volunteers, performing electrical installations for a single-family dwelling unit. An organization described in this paragraph shall designate a primary contact person with whom inspectors may communicate. (3)  The licensing provisions of this chapter shall not apply to individuals licensed pursuant to chapter 50, title 54 , Idaho Code, or certificated pursuant to chapter 26, title 54 , Idaho Code, as follows: (a)  Individuals holding a current heating, ventilation and air conditioning (HVAC) license or a current plumbing certification may install electrical circuitry and make connections from the disconnecting means to a water heater as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the water heater is no more than fifty (50) feet long. (b)  Individuals holding a current HVAC license may install: (i)   Electrical space heaters with no attached ductwork; (ii)  Electrical connections to HVAC equipment from the disconnecting means to the unit as long as the disconnect is in sight from the unit and the circuit from the disconnecting means to the HVAC equipment is no more than fifty (50) feet long; and (iii) Ventilating fans, except ducted range hoods in residences. (c)  HVAC licensees may install control wiring of twenty-four (24) volts or less for HVAC equipment of five (5) tons or less in capacity. Plumbing certificate holders are not authorized to install control wiring in HVAC equipment, regardless of voltage. (d)  Individuals holding a current limited energy electrical license may install electrical circuitry and make connections from utilization equipment installed under the restricted category of the limited electrical installer license to outlets, as long as those outlets are in sight from such utilization equipment and not more than fifty (50) feet from such utilization equipment. Outlets shall be installed by others. (4)  To the extent that a plumbing or HVAC installation permit issued by the Idaho division of occupational and professional licenses includes any part of an electrical installation, the permit issued and inspection performed shall be sufficient to satisfy the permitting and inspecting requirements of this chapter if all required permit fees have been paid. (5)  Approval and certification requirements of product and equipment as set forth in this chapter and in the adopted edition of the national electrical code do not apply to industrial machinery unless the board has made a determination that such product, machine or classes of products and machines present an undue hazard to life and property. (6)  Apprentice registration requirements shall not apply to high school students enrolled in an educational program recognized by the board in which the performance of electrical installation is a formal component of the program. The exemption is limited to students performing residential installations as part of such program under the constant on-the-job supervision of a licensed residential electrician or a licensed journeyman electrician and a permit for the work is obtained from the authority having jurisdiction. Work hours performed by such students shall not apply toward apprentice work requirements. (7)  Neither local jurisdictions nor the state fire marshal shall have the authority to amend the exemptions provided for in this section or to adopt any ordinance, law, or rule in conflict with the provisions of this section. History: [54-1016, added 1947, ch. 251, sec. 16, p. 681; am. 1961, ch. 311, sec. 17, p. 583; am. 2004, ch. 250, sec. 6, p. 720; am. 2005, ch. 235, sec. 1, p. 715; am. 2007, ch. 197, sec. 1, p. 597; am. 2007, ch. 252, sec. 8, p. 745; am. 2015, ch. 233, sec. 1, p. 731; am. 2017, ch. 325, sec. 1, p. 856; am. 2018, ch. 199, sec. 1, p. 446; am. 2018, ch. 208, sec. 12, p. 466; am. 2018, ch. 209, sec. 13, p. 476; am. 2021, ch. 214, sec. 1, p. 588; am. 2022, ch. 301, sec. 1, p. 951; am. 2023, ch. 244, sec. 14, p. 754.]

Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. Search Idaho Statutes

Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 10 ELECTRICAL CONTRACTORS AND JOURNEYMEN 54-1005. Rules — Inspections — electrical permits and fees. (1) The administrator of the division of occupational and professional licenses is hereby authorized and directed to enforce rules consistent with this chapter for the administration of this chapter and to effectuate the purposes thereof, and for the examination and licensing of electrical contractors, residential electricians, journeyman electricians, master electricians, provisional journeyman electricians, limited electrical installers, limited electrical contractors, limited electrical installer trainees and apprentice electricians, and to make inspections of electrical installations referred to in section 54-1001 , Idaho Code, and to issue electrical permits covering such installations, and to collect the fees established therefor. (2)  The administrator of the division of occupational and professional licenses may make electrical inspections for another state or local jurisdiction upon request by an appropriate building official. Such inspections shall be made in accordance with the applicable electrical codes of the requesting jurisdiction. Fees charged for such inspection services shall be as provided in the rules promulgated by the board. (3)  Individuals, firms, cooperatives, corporations, or municipalities selling electricity, hereinafter known as the power supplier, shall not connect with or energize any electrical installation, coming under the provisions of this chapter, unless an inspection has been conducted and resulted as "passed" by the administrator, covering the installation to be energized. Electrical installations approved by the board and addressed through administrative rule may be connected and energized by the power supplier after the purchase of an electrical permit by a licensed electrical contractor. (4)  It shall be unlawful for any person, partnership, company, firm, association or corporation other than a power supplier to energize any electrical installation coming under the provisions of this chapter prior to the purchase of an electrical permit covering such installation. History: [54-1005, added 1947, ch. 251, sec. 5, p. 681; am. 1955, ch. 28, sec. 2, p. 46; am. 1961, ch. 311, sec. 8, p. 583; am. 1974, ch. 39, sec. 82, p. 1023; am. 1984, ch. 123, sec. 32, p. 294; am. 1986, ch. 296, sec. 4, p. 744; am. 1996, ch. 421, sec. 43, p. 1431; am. 1999, ch. 99, sec. 4, p. 313; am. 1999, ch. 367, sec. 4, p. 971; am. 2004, ch. 250, sec. 5, p. 719; am. 2018, ch. 208, sec. 7, p. 463; am. 2018, ch. 209, sec. 5, p. 471; am. 2019, ch. 292, sec. 4, p. 867; am. 2023, ch. 15, sec. 39, p. 96; am. 2023, ch. 244, sec. 7, p. 748.]

Idaho Statutes Idaho Statutes are updated to the website July 1 following the legislative session. Search Idaho Statutes

Search Constitution pecnv.out TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 10 ELECTRICAL CONTRACTORS AND JOURNEYMEN 54-1001D. Inspections of modular buildings — When authorized — Approval and certification. (1) Notwithstanding the exemption provided in subsection (1)(c) of section 54-1016 , Idaho Code, the administrator of the division of occupational and professional licenses may make electrical inspections of any modular building upon written request from the manufacturer. (a)  Inspections shall be made in accordance with the codes adopted in this chapter. (b)  Inspection fees shall be as provided in section 39-4303 , Idaho Code. (c)  The administrator may issue electrical permits for the installation of electrical equipment, conductors and apparatus in modular buildings. (2)  The administrator of the division of occupational and professional licenses is hereby authorized to make inspections of electrical installations as set forth herein and to issue inspection results covering such installations. History: [54-1001D, added 2004, ch. 250, sec. 4, p. 719; am. 2007, ch. 252, sec. 7, p. 744; am. 2018, ch. 208, sec. 2, p. 461; am. 2023, ch. 15, sec. 34, p. 93.]