Idaho Code
Idaho Code § 39-4101 (2026)
Legislative finding and intent.
✓ current as of May 2026
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Legislative finding and intent.
(1) Uniformity of building codes and uniformity in procedures for enforcing building safety codes throughout the state are matters of statewide concern and interest, in that uniformity would enhance elimination of obsolete, restricting, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.
(2) It is the intent of the legislature to:
(a) Promote the health, safety and welfare of the occupants or users of buildings and structures subject to this chapter;
(b) Require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire safety, life safety and accessibility for those with disabilities;
(c) Establish, for jurisdictions enforcing building codes pursuant to this chapter, minimum standards and requirements in terms of performance, energy efficiency, effect upon construction costs and consistency with nationally accepted standards;
(d) Permit the use of modern technical methods, devices and improvements; and
(e) Clarify and establish roles of the various jurisdictions subject to this chapter.
Notes of Decisions
Cited in 3
cases, 1980–1993 · leading case: Caesar v. State, 610 P.2d 517 (Idaho 1980).
Caesar v. State, 610 P.2d 517 (Idaho 1980). “NOTES [1] The Idaho Building Code Advisory Act, I.C. §§ 39-4101 to 4129, was thereafter adopted, in 1975, to provide for uniform building codes throughout Idaho.”
Jerome Thriftway Drug, Inc. v. Winslow, 717 P.2d 1033 (Idaho 1986). “(amended and renumbered as § 41-253 in 1982), and § 39-4101 et seq. However, there was no showing of the applicability of the codes adopted by the city ordinance since pre-code buildings are not required to be in strict compliance unless, in the opinion of the chief of the…”
State v. Gage, 853 P.2d 620 (Idaho Ct. App. 1993). “We take judicial notice of “The Idaho Building Code Advisory Act of 1975,” as amended, which is codified in I.C. §§ 39-4101 to -4129. By this Act, the Uniform Building Code (UBC) was adopted in Idaho and has been in effect at all times relevant to this case.”
— Idaho Code § 39-4101(2)(c) — 1 case
State v. Gage, 853 P.2d 620 (Idaho Ct. App. 1993). “We take judicial notice of “The Idaho Building Code Advisory Act of 1975,” as amended, which is codified in I.C. §§ 39-4101 to -4129. By this Act, the Uniform Building Code (UBC) was adopted in Idaho and has been in effect at all times relevant to this case.”
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