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Committee approves adoption of the International Fire Code with clarified enforcement process
Summary
The committee approved IDAPA 18.08.01 to adopt the International Fire Code as Idaho's minimum standard; the department amended the rule to clarify how violations and prosecutions would be handled, making enforcement discretionary for local prosecutors.
The House Business Committee approved the adoption of the International Fire Code as IDAPA 18.08.01 after the State Fire Marshal and Department of Insurance officials explained changes clarifying enforcement and prosecutorial discretion.
State Fire Marshal Knut Sandahl presented the docket and said the rule "adopts the fire code and the edits by the state fire marshal as a minimum standard for the protection of life and property from the effects of fire and explosion in the state of Idaho." Sandahl and Director Dean Cameron said the rule's revised language clarifies who handles violations and how penalties are administered. The department explained the change was made after prior committee review and stakeholder meetings to add a prosecutorial process and to avoid automatic misdemeanor findings being applied without reference to local prosecutors.
Representative Harris asked whether prosecutions for code violations (such as failing to install required detectors) were possible; Director Cameron and Sandahl said a local prosecutor would decide whether to pursue charges, and the department emphasized progressive enforcement, education, and working with local fire marshals before seeking prosecution. Representative Crane, who declared a rule 80 conflict, said the change gives the department discretion to treat technical, non-willful violations as remediable rather than automatically treating them as crimes.
Action: Representative Marmon moved to approve the docket; the committee approved the rule by voice vote. Representative Birch said he would not support the motion on policy grounds and did not vote in favor; the transcript records an "Aye" vote and at least one recorded dissent.
Why it matters: The International Fire Code governs life-safety measures in buildings. Committee members debated the balance between strict statutory penalties and local prosecutorial discretion, with proponents saying the revised language permits appropriate enforcement and education and opponents expressing concern about weakening mandatory enforcement.
Next steps: With committee approval, the fire code adoption will proceed under IDAPA rule-adoption procedures. The department said it would provide committee members with specific code excerpts on request.
