Idaho Building Code & Construction Permit Law
Idaho Code · 5 sections
The following is the full text of Idaho’s building code & construction permit law statutes as published in the Idaho Code. For the official version, see the Idaho Legislature.
Idaho Code § 54-1001B
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 54-1001B. state Inspection provisions inapplicable when installation covered by municipal ordinance. (1) The provisions of this chapter relating to state inspection, except as provided in section 54-1001C , Idaho Code, shall not apply: (a) Within cities or counties that, by ordinance or building code, prescribe the manner in which wires or equipment to convey current and apparatus to be operated by such current shall be installed, provided that the provisions of the Idaho electrical code are used as the standard in the preparation of such ordinances or building codes and provided that actual inspections are made; or (b) Within cities or counties that receive inspections from another city or county that conducts inspections pursuant to paragraph (a) of this subsection, provided that the provisions of the Idaho electrical code shall be used as the standard for such inspections. (2) A city or county that conducts electrical code enforcement inspections shall do so only in compliance with the provisions of this section. (3) A city or county that has not previously instituted and implemented an electrical code enforcement program prior to the effective date of this act may elect to implement such a program by passing an ordinance evidencing the intent to do so. A city or county may contract with a public or private entity to administer its electrical code enforcement program pursuant to the provisions of this section. (4) A city or county that chooses to conduct its own electrical code enforcement inspections or to receive such inspections from another city or county shall provide the division of occupational and professional licenses notice of such decision in writing at least thirty (30) days prior to implementation. (5) A city or county that terminates a permitting and inspection program established pursuant to this section shall notify the division of occupational and professional licenses in writing of its intent to terminate such program. Upon termination of a city or county permitting and inspection program, the division of occupational and professional licenses shall provide electrical code enforcement services in the jurisdiction for a minimum of one (1) year. History: [54-1001B, added 1961, ch. 311, sec. 3, p. 583; am. 2023, ch. 244, sec. 3, p. 745; am. 2024, ch. 54, sec. 1, p. 268.]
Idaho Code § 54-1001C
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 54-1001C. Inspections within municipalities — When authorized. The administrator of the division of occupational and professional licenses may make electrical inspections within any city upon written request from the mayor or manager of such city. Such inspections shall be made in accordance with the local ordinance or building code. Service of the inspector shall be furnished at cost, such cost to be paid monthly to the administrator by the city requesting inspection service. History: [54-1001C, added 1961, ch. 311, sec. 3, p. 583; am. 1974, ch. 39, sec. 78, p. 1023; am. 1996, ch. 421, sec. 39, p. 1430; am. 2023, ch. 15, sec. 33, p. 92.]
Idaho Code 54-5205
(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.
Idaho Code 54-5209
(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.
Idaho Code 54-5215
(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.
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