41-253 Statement of purpose -- Adoption of international fire code.
(1) The purpose of sections 41-253 through 41-269, Idaho Code, is to protect human life from fire, and to prevent fires. These sections are intended to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life and property from hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises, and there is hereby adopted the "International Fire Code," 2000 edition, with appendices thereto, published by the International Code Council, Inc. and such later editions as may be so published and adopted by the state fire marshal, as the minimum standards for the protection of life and property from fire and explosions in the state of Idaho.

(2) For the purposes of sections 41-253 through 41-269, Idaho Code, the "International Fire Code" shall mean the publications as adopted under subsection (1) of this section.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-254 Powers and duties of state fire marshal -- International fire code, enforcement and regulations -- Reports.
The state fire marshal shall be appointed by the director of the department of insurance, with the approval of the governor and shall serve at the pleasure of the director. The state fire marshal shall have the following powers and duties:

1. To enforce the international fire code.

2. To prescribe regulations in addition to the international fire code as adopted, which may be deemed necessary for the prevention of fires and protection of life and property, and such regulations are to be enforced by the state fire marshal.

3. To make interpretations and rules of the intent of the various provisions of the international fire code as adopted.

4. To adopt, rescind, modify or amend rules and regulations for the exercise of functional powers and duties.

5. To transmit to the governor and legislature, on or before the 15th day of July of every year, a full report of proceedings under sections 41-253 through 41-269, Idaho Code, and such statistics as he may wish to include therein unless some other time for reporting is fixed by law, and such report shall be available to the public.

6. To make recommendations for amendments to the international fire code to be submitted to the promulgating authority for its consideration.

7. To have exclusive jurisdiction over single service integrated fire sprinkler systems. A "single service integrated fire sprinkler system" is defined as an integrated system of underground and overhead piping, valves and sprinklers used exclusively for fire protection purposes and designed in accordance with fire protection engineering standards, including the international fire code, beginning with the first connection to a public water system regardless of the existence or location of a back flow prevention device.

8. No person shall be eligible to serve as state fire marshal unless he:

(a) Has had at least twelve (12) years' full-time paid experience with a state, city or county fire protection agency whose primary function is fire prevention and structural fire safety, including at least five (5) years' experience in an administrative capacity as the chief agency officer; or

(b) Holds a four (4) year college degree in one of the physical sciences and has had at least five (5) years' full-time experience in fire protection and structural fire safety with a fire protection agency; or

(c) Is a member of the American society of fire protection engineers.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-255 Duties of state fire marshal.
In addition to the duties prescribed in section 41-254, Idaho Code, the state fire marshal shall:

1. Administer and enforce this act.

2. Appoint, employ and discharge such deputies and other employees as in his judgment may be necessary, control their powers, prescribe their duties, and fix their compensation.

3. Keep books, records and accounts, which shall be open to inspection and audit by the state of Idaho at all times.

4. Purchase necessary equipment and supplies, and incur any other reasonable and necessary expense in connection with or required for the purpose of carrying out the provisions of this act.

5. Maintain in his office a record of all fires occurring in the state, and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby and whether such losses were covered by insurance, and if so, in what amount. All such records shall be public, except any testimony taken in an investigation under the provisions of this act which the state fire marshal in his discretion may withhold from the public.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-256 Assistants to state fire marshal.
The chief of the fire department, or his deputy, of every city or county, or fire protection district organized under state law in which a fire department is established, and in areas where no organized fire department exists the county sheriff, or his deputy, shall be assistants to the state fire marshal in carrying out the provisions of the international fire code and such other regulations as set forth by the fire marshal.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-257 State fire marshal as chief arson investigation officer.
The state fire marshal shall be the chief arson investigation officer in the state, and shall have the same responsibility and power in arson investigation as a county sheriff. He shall not, however, interfere at any time in the operation or administration of any fire department or sheriff's office except in matters of fire prevention and arson investigation when requested by the local fire jurisdiction, sheriff's office or written and signed complaint of any person served by the local fire jurisdiction. No person, acting without malice, shall be subject to civil liability for libel or otherwise, by virtue of the filing of complaints, requests, reports or furnishing other information pursuant to this section or required by the director of the department of insurance or the state fire marshal as a result of the authority herein granted.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-258 Report of losses by fire insurance companies to state fire marshal.
Every fire insurance company authorized to transact business in this state is hereby required to report to the office of the state fire marshal, within seven (7) days after settlement of all fire losses of one thousand dollars ($1,000) or more, on property within the state of Idaho and all fire losses resulting in death or personal injury, including those personal injury losses covered by workmen's compensation insurance. The report shall state the date of fire, the amount of probable property loss or personal injury, the character of property destroyed or damaged, and supposed cause of the fire. The report shall be in addition to and not in lieu of any report or reports such companies may be required by any law of this state to make to any other state officer.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-259 Inspection of buildings -- Order of remedy or removal -- Service of order.
The state fire marshal, his deputies or assistants, upon the written and signed complaint of any person or whenever he or they shall deem it necessary, may at reasonable hours inspect buildings and premises within their jurisdiction, upon the presentation of proper credentials, except the interior of private dwellings, private garages appertaining to such residences, or buildings on farms of more than five (5) acres.

Whenever any of said officers shall find that any building or other structure which, for want of repairs, or lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and is so situated as to endanger life, other buildings or structures or said building or structure, he or they shall order the same to be remedied or removed, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, unless said owner or occupant avail himself of the appeals procedure set forth in this act.

The service of any such order shall be made upon the owner or occupant either by delivering to and leaving with the said person a true copy of the said order, or, by mailing such copy to the owner or occupant's last known address. All mailings shall be registered or certified, with return receipt.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-260 Appeal from order of remedy or removal.
If such order is made by the deputies or assistants of the state fire marshal, such owner or occupant may, within twenty (20) days after receipt of service of such order, appeal to the state fire marshal, who shall within ten (10) days, review such order and if affirmed, file his decision thereon, and unless by his authority the order is revoked or modified it shall remain in full force and be complied with within the time fixed in said order or decision of the state fire marshal.

Provided, however, that any such owner or occupant who feels himself aggrieved by any such order, or affirming of such order, may within thirty (30) days after making or affirming of any such order by the state fire marshal, appeal such order to the district court having jurisdiction of the property.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-261 Failure to comply with order of remedy or removal -- Penalty -- Civil action to recover penalty.
Any owner or occupant failing to comply with such order within thirty (30) days after said appeal has been determined, or, if no appeal is taken, then within the time fixed in said order, shall be liable to a penalty of: ten dollars ($10.00) for each day's neglect beginning with the first day through the seventh day; fifty dollars ($50.00) per day on the eighth through the thirtieth day; and one hundred dollars ($100) per day on the thirty-first day and each day thereafter. In the event such enforcement action is brought by the office of the state fire marshal, the penalty shall be payable to the state fire marshal, for deposit in the arson, fire and fraud prevention account. In the event such enforcement action is brought by a fire district under the authority of the state fire marshal, the penalty shall then be payable to the fire district which has prosecuted the enforcement action.

The penalty herein provided, if not then paid, may be recovered in an action brought in any court of competent jurisdiction of the county where such property is located, in the name of the state, under the direction of the state fire marshal and/or any of the assistants herein designated, where such property is located, or by an attorney specially designated therefor by the attorney general, or by the attorney for a fire district in the event such enforcement action is brought by the district. The reasonable attorney's fees and costs incurred in bringing any such enforcement action, if any, shall be awarded to the state or the fire district bringing the enforcement action in addition to the assessment of any penalty, and shall be paid in the same manner as the penalty. If the court determines that the enforcement action has been brought frivolously or without reasonable cause, the court may award to the owner or occupant who is the subject of the enforcement action such reasonable attorney's fees and costs of the defense or appeal of the enforcement action as the court determines is fair and just.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-262 Failure to comply with order of remedy or removal -- Repair or demolition of premises -- Expense.
If any person fails to comply with the order of any officer under the preceding sections or with the order as modified on appeal as herein provided, and within the time fixed, then such officer is hereby empowered and authorized to cause such building or premises to be repaired, torn down or demolished, with the materials removed and all dangerous conditions remedied, at the expense of the person who fails to comply with such order.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-263 Failure to pay expense of repair or demolition -- Assessment.
If, within thirty (30) days thereafter, such person shall fail, neglect or refuse to repay the marshal the expenses for demolishing or repair of said building incurred under the provisions of this act, the enforcing officer shall certify such expenses to the clerk of the city, fire district or county in which the property is situated, and the city, fire protection district or county shall certify to the county treasurer the amount of the assessment, which assessment shall be by said county treasurer, placed upon the tax roll and collected as other taxes, and when collected shall be refunded to the state fire marshal for deposit in the arson, fire and fraud prevention account.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-264 Investigative hearings -- Subpoena of witnesses -- Conduct of hearing.
The state fire marshal or his deputies shall have the power to request the district court to subpoena witnesses and compel them to attend before them, or either of them, and to testify in relation to any matter which by the provisions of this act is subject to inquiry and investigation, and may require the production of any book, paper or document deemed pertinent or necessary to the inquiry, and shall have the power to administer oaths and affirmations to any person appearing as a witness before them. Any such hearing shall be held in the county where the property is located.

Such examination may be public or private, as the officers conducting the investigation may determine, and persons other than those required to be present may be excluded from the place where such examination is held.

If, after such examination of witnesses or any investigation, the state fire marshal or any of his deputies or assistants is of the opinion that the facts in relation to such fire indicate that a crime has been committed, the state fire marshal or any of his deputies or assistants shall present the testimony taken on such examination, together with any other data in his possession, to the prosecuting attorney of the proper county, with the request that the prosecuting attorney institute such criminal proceedings as such testimony or data may warrant.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-265 Witness fees -- Charge for service of process.
Each person summoned and testifying before the state fire marshal, his deputies or assistants, shall on the certification of the fire marshal and upon audit of the proper officer of the state, receive such sum or sums for witness fees and mileage as are provided for witnesses testifying in the district courts of this state; and officers serving subpoena and rendering other services to the state fire marshal shall be paid in like manner and amounts as they would be entitled for like service in such courts.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-266 Admission of international fire code in evidence.
A copy of the international fire code, 2000 edition, or later editions and supplements adopted by the state of Idaho, shall be received in any court in this state as conclusive evidence of the contents of said code.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-267. Hardship resulting from application of act -- Adjustments and variances. [Repealed.]

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-268 Arson, fire and fraud prevention account.
(1) There is hereby created an account in the agency asset fund in the state treasury, to be designated the "arson, fire and fraud prevention account." The account shall be used by the director of the department of insurance for enforcement of this act, investigation of alleged cases of arson, fraud and related alleged violations of the laws of this state, and prevention of fire, explosions and other conditions necessary for the public safety, health, peace and welfare.

(2) In addition to moneys, if any, appropriated to the account by the legislature, the director shall deposit with the state treasurer for credit to the arson, fire and fraud prevention account:

(a) Penalties collected under the provisions of sections 41-261 and 41- 263, Idaho Code;

(b) That portion of the annual continuation fee as determined by the director pursuant to subsection (3) of this section;

(c) Other moneys now or hereinafter in the state fire prevention account;

(d) Other moneys or revenues derived from whatever source for arson or fraud investigation or fire prevention.

(3) A portion of the annual continuation fee, as determined by the director, will be used to fund the arson, fire and fraud account.

(4) All claims against the account shall be examined, audited and allowed in the manner now or hereafter provided by law.

(5) All moneys placed in the account are hereby perpetually appropriated to the department of insurance for the purposes of the provisions of this section.

(6) Pending use for purposes of the provisions of this section, moneys in the account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the account.

IDAHO CODE
TITLE 41. INSURANCE
CHAPTER 2. THE DEPARTMENT OF INSURANCE

41-269 Liberal construction of act.
It is hereby declared that this act is necessary for the public safety, health, peace and welfare, is remedial and preventive in nature, and shall be construed liberally.