Idaho Code

Idaho Code § 39-4109 (2026)

Application of codes.

✓ current as of May 2026

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Application of codes.

(1) The following codes are hereby adopted for the state of Idaho division of occupational and professional licenses and shall only be applied by local governments as prescribed by section 39-4116, Idaho Code:

(a) The 2006 International Building Code shall be in effect, until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent versions of the International Building Code as adopted and amended by the Idaho building code board through the negotiated rulemaking process as established in section 67-5221, Idaho Code, and as further provided in subsection (5) of this section and in accordance with subsections (2) and (3) of this section shall be in effect:

(i) Including appendices thereto pertaining to building accessibility;

(ii) Excluding the incorporated electrical codes, mechanical code, fuel gas code, plumbing codes, fire codes or property maintenance codes other than specifically referenced subjects or sections of the International Fire Code; and

(iii) Including the incorporated Idaho residential code, parts I, II, III and IX; Idaho energy conservation code; and rules promulgated by the board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the fair housing act accessibility guidelines shall be included.

(b) The version of the International Residential Code adopted by the Idaho building code board, together with the amendments, revisions or modifications adopted by the Idaho building code board through the negotiated rulemaking process, except for parts IV, V, VI, VII and VIII, as they pertain to energy conservation, mechanical, fuel gas, plumbing and electrical requirements, shall collectively constitute and be named the Idaho residential code. The Idaho residential code shall be in effect until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent version of the Idaho residential code, as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this section, shall be in effect. Any amendments, revisions or modifications made to the Idaho residential code by the board shall be made by administrative rules promulgated by the board;

(c) The 2018 Idaho energy conservation code, as amended, revised, or modified by the Idaho building code board and approved by the legislature pursuant to section 39-9701, Idaho Code; and

(d) The 2006 International Existing Building Code as published by the International Code Council shall be in effect until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent versions of the International Existing Building Code, as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this section, shall be in effect.

(2) No amendments to the accessibility guidelines shall be made by the Idaho building code board that provide for lower standards of accessibility than those published by the International Code Council.

(3) No amendments to the Idaho residential building code shall be made by the Idaho building code board that provide for standards that are more restrictive than those published by the International Code Council.

(4) Any edition of the building codes adopted by the board will take effect on January 1 of the year following its adoption.

(5) In addition to the negotiated rulemaking process set forth in section 67-5221, Idaho Code, the board shall conduct a minimum of two (2) public hearings, not less than sixty (60) days apart. Express written notice of such public hearings shall be given by the board to each of the following entities not less than five (5) days prior to such hearing: associated general contractors of America, associated builders and contractors, association of Idaho cities, Idaho association of building officials, Idaho association of counties, Idaho association of REALTORS®, Idaho building contractors association, American institute of architects Idaho chapter, Idaho fire chiefs association, Idaho society of professional engineers, Idaho state independent living council, southwest Idaho building trades, Idaho building trades, and any other entity that, through electronic or written communication received by the administrator not less than twenty (20) days prior to such scheduled meeting, requests written notification of such public hearings.

Notes of Decisions

Cited in 7 cases, 1980–2005 · leading case: Caesar v. State, 610 P.2d 517 (Idaho 1980).

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Caesar v. State, 610 P.2d 517 (Idaho 1980). · cites it 4× “[2] Idaho adopted the Uniform Building Code on a statewide basis in 1975 in I.C. § 39-4109.”

Runcorn v. Shearer Lumber Prods., Inc., 690 P.2d 324 (Idaho 1984). · cites it 2× “Plaintiffs’ position is: (1) that the failure of Shearer to install a “free blow drain” on the steam header above the mud drum was a violation of the ASME Boiler & Pressure Vessel Code -1971, adopted by I.C. § 39-4109(8) as part of the Idaho Building Code Advisory Act of 1975;…”

Morgan v. State, Dep't of Pub. Works, 862 P.2d 1080 (Idaho 1993). · cites it 4× “Adopted in Idaho at I.C. § 39-4109(3). The 1993 amendments to section 39-4109(3) substituted the Americans with Disabilities Act (ADA), Part III (Appendix A to Part 36-Standards for Accessible Design), for the ANSI Standards.”

Le'Gall v. Lewis Cnty., 923 P.2d 427 (Idaho 1996). · cites it 2× “Because the Le’Gads faded to introduce evidence that either the county or the city of Nezperce had adopted the LSC, the trial court correctly refused to give the instruction.”

Idaho Schs. for Equal Educ. Opportunity v. State, 129 P.3d 1199 (Idaho 2005). · cites it 2× “Until the safety code committee adopted a code, the national building codes identified in I.C. § 39-4109 were to serve as the code.”

ISEEO v. State, 129 P.3d 1199 (Idaho 2005). · cites it 2× “Until the safety code committee adopted a code, the national building codes identified in I.C. § 39-4109 were to serve as the code.”

Alderman's Inc. v. Shanks, 515 N.W.2d 97 (Minn. Ct. App. 1994). “-0400 (1985); Minn.Stat. § 229F.011, subd. 1 (1986). The 1982 UFC has various changes and additions not contained in the 1973 UFC.”

— Idaho Code § 39-4109(3) — 1 case

Morgan v. State, Dep't of Pub. Works, 862 P.2d 1080 (Idaho 1993). “Adopted in Idaho at I.C. § 39-4109(3). The 1993 amendments to section 39-4109(3) substituted the Americans with Disabilities Act (ADA), Part III (Appendix A to Part 36-Standards for Accessible Design), for the ANSI Standards.”

— Idaho Code § 39-4109(5) — 1 case

Le'Gall v. Lewis Cnty., 923 P.2d 427 (Idaho 1996). “Because the Le’Gads faded to introduce evidence that either the county or the city of Nezperce had adopted the LSC, the trial court correctly refused to give the instruction.”

— Idaho Code § 39-4109(8) — 1 case

Runcorn v. Shearer Lumber Prods., Inc., 690 P.2d 324 (Idaho 1984). “Plaintiffs’ position is: (1) that the failure of Shearer to install a “free blow drain” on the steam header above the mud drum was a violation of the ASME Boiler & Pressure Vessel Code -1971, adopted by I.C. § 39-4109(8) as part of the Idaho Building Code Advisory Act of 1975;…”

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