Idaho Code

Idaho Code § 41-260 (2026)

Appeal from order of remedy or removal — Appeal from local appeal decision. 

✓ current as of May 2026
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Appeal from order of remedy or removal — Appeal from local appeal decision. 

If an order to remedy or remove, or a local appeal decision regarding the interpretation of the International Fire Code or rules of the state fire marshal, is made by the deputies or assistants of the state fire marshal, such owner or occupant who receives the order, or a party aggrieved by a local appeal decision, may, within twenty (20) days after receipt of service of such order or local appeal decision, appeal to the state fire marshal, who shall within ten (10) days, review such order or local appeal decision and if affirmed, file his decision thereon, and unless by his authority the order or local appeal decision is revoked or modified it shall remain in full force and be complied with within the time fixed in said order, local appeal decision, or decision of the state fire marshal.

Provided, however, that any such owner, occupant or party who feels himself aggrieved by any such order or local appeal decision, or affirming of such order or local appeal decision, may within thirty (30) days after the making or affirming of any such order or local appeal decision by the state fire marshal, appeal such order or local appeal decision to the district court having jurisdiction of the property.
Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Schweitzer Basin Water Co v. Schweitzer Fire Dist (Idaho 2017).
Schweitzer Basin Water Co v. Schweitzer Fire Dist (Idaho 2017). · cites it 4× “8 I.C. § 41-260 (emphasis added). The district court explained the District’s interpretation of this process in this way: “the Company should be required to first exhaust the administrative process of ‘hearing board → appeal to State Fire Marshal → judicial review .”
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