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Fire chief urges repeal of local daycare fire provisions to comply with state law; council expresses frustration at preemption
Summary
Assistant Fire Chief Dean Bullock told council House Bill 243 preempts local codes that were stricter than the Idaho-adopted International Fire Code on alarms, exits and emergency lighting; staff asked council to repeal the city ordinances so inspections align with the state-adopted code. Council members said they are upset state law removed local authority but acknowledged the city can continue IFC-based inspections.
Assistant Fire Chief Dean Bullock briefed the council on a proposed repeal of two city-code sections governing daycare and children group treatment center fire-safety standards. Bullock said House Bill 243, passed by the Idaho Legislature, prohibits local fire standards that are more stringent than the International Fire Code (as adopted by the state).
Bullock identified three areas where the city ordinance (15.12.0.140) was more stringent than the state-adopted code: fire alarms and smoke detectors, the number of required exits, and emergency lighting. He said city inspectors will continue to inspect facilities annually under the International Fire Code but that the city must remove conflicting provisions from its municipal code to conform with state law.
Council members expressed frustration that the legislature reduced local authority but did not dispute Bullock’s operational point: the city cannot legally keep more stringent local requirements. Bullock said the repeal request had been reviewed by legal staff and would be brought back for a formal council vote in March.
