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Committee adopts International Fire Code with new prosecutorial discretion language
Summary
The House Business Committee approved IDAPA 18.08.01, adopting the International Fire Code as the state minimum standard but adding language clarifying enforcement and leaving prosecutorial decisions to local prosecutors rather than mandating misdemeanor charges in all violations.
Knut Sandahl, the state fire marshal, presented IDAPA 18.08.01, the adoption of the International Fire Code as Idaho’s minimum standard to protect life and property. Sandahl said the rule was revised after stakeholders and committee members raised enforcement questions following last year’s hearing; changes clarify how violations and penalties are processed.
Representative Harris asked whether code violations could lead to criminal charges for failures such as missing required detectors. Sandahl replied the department advocates progressive enforcement and education by local fire marshals. Dean Cameron, director of the Department of Insurance, told the committee that adopting permissive language does not remove the prosecutor’s discretion: local prosecutors decide whether to file misdemeanor charges. “We’re not tying the hands of the prosecutor,” Cameron said.
Representative Marmon moved to approve docket 18.08.01. The committee voted by voice vote to approve the docket; Representative Birch recorded a dissent on the floor and said he would not support the motion because he was concerned prosecutorial discretion could reduce enforcement in practice.
The change shifts the rule language from mandatory (the code’s prior phrasing that certain violations “shall” be misdemeanors) to permissive phrasing that allows local prosecutors to exercise discretion. Department staff and several committee members said the change is intended to encourage local engagement and education rather than automatic criminal prosecution for every code violation.
Next steps: docket approved and department staff said they would provide clarifying excerpts from section 110.4 at lawmakers’ request; the transcript does not record a final filing date.
