division of building safety...city/county concerns – bob baird, city of idaho falls electrical...

DIVISION OF BUILDING SAFETY

IDAHO ELECTRICAL BOARD VIDEOCONFERENCE MEETING

OCTOBER 28, 2020

IDAHO ELECTRICAL BOARD

Agenda Item No. 01 Agenda and Minutes PRESENTER: Bob Scott, Chairman ______________________________________________________________________________ OBJECTIVE: Approve the Idaho Electrical Board’s October 28, 2020 Agenda, January

22, 2020 Meeting Minutes, January 29, 2020 Special Meeting Minutes, February 13, 2020 Special Meeting Minutes and August 13, 2020 Special Meeting Minutes.

______________________________________________________________________________ ACTION: Consent ______________________________________________________________________________ BACKGROUND: ______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: Tentative Agenda and Draft Minutes ______________________________________________________________________________

TENTATIVE AGENDA

NOTICE OF PUBLIC MEETING

IDAHO ELECTRICAL BOARD MEETING

Division of Building Safety 1090 East Watertower Street, Suite 150, Meridian

1250 Ironwood Drive, Suite 220, Coeur d’Alene 155 North Maple Street, Blackfoot

Teleconference – (877) 820-7831--529619 (Toll Free)

dbs.idaho.gov – (208) 332-7137

Wednesday, October 28, 2020

9:30 a.m. – 1:00 p.m. (MDT) 8:30 a.m. – 12:00 p.m. (PDT)

This is a public meeting. Seating capacity is limited due to the social distancing protocols implemented during the COVID-19 Pandemic. The public is encouraged to attend telephonically with the information provided above. Masks are required for board room attendance.

9:30 a.m. CALL TO ORDER – Bob Scott, Chairman

o Roll Call & Introductions o Open Forum

• City and County Concerns

CONSENT AGENDA 1. Approval of the Idaho Electrical Board’s October 28, 2020 Agenda, and Meeting

Minutes from January 22, 2020, January 29, 2020 (Special), February 13, 2020 (Special) and August 13, 2020 (Special) – Bob Scott

ACTION AGENDA 2. Application Related to Training Provider--Faith Technologies – Adrian San

Miguel, CTE

3. Vote to Authorize Notice of Omnibus Fee Rulemaking – Adoption of Pending Fee Rule with regard to IDAPA 24.39.10, (Formerly 07.01.01) in Docket Number 24-0000-2000F – Patrick J. Grace, Deputy Administrator

4. Agreement -- Reciprocal Journeyman Electrician License between Idaho and Oklahoma – Warren Wing, Electrical Program Manager

P a g e 2 | 2

5. Agreement -- Reciprocal Journeyman Electrician License between Idaho and

Washington – Warren Wing

6. Exam--Question Bank Management – Warren Wing

7. DBS Inspector Certification – Warren Wing

8. Contractors Exam to Cover Only DBS Statutes and Rules – Warren Wing

9. Schedule 2021 Board Meetings – Bob Scott

10. Waiver of Permit Fees of Those Affected by Wildfires – Patrick J. Grace, Deputy Administrator

INFORMATIONAL AGENDA 11. Universal Licensure – Patrick J. Grace

12. Electrical Board Rulemaking Schedule – Warren Wing

13. Program Manager Report – Warren Wing

• Compliance Report • NERA Report

14. Administrator Report – Ron Whitney

• Financial Report • Finalized Org Chart of Boards

1:00 p.m. ADJOURN All times, other than beginning, are approximate and scheduled according to Mountain Daylight Time (MDT), unless otherwise noted. Agenda items may shift depending on the Idaho Electrical Board’s preference. 10/19/2020rb

January 22, 2020 Idaho Electrical Board Draft Minutes Page 1 of 4

IDAHO ELECTRICAL BOARD VIDEOCONFERENCE MEETING

Wednesday – January 22, 2020 – 9:30 a.m. (MST)

Division of Building Safety

1090 East Watertower Street, Suite 150, Meridian 1250 Ironwood Drive, Suite 220, Coeur d’Alene

155 North Maple Street, Blackfoot

*DRAFT MINUTES OF THE JANUARY 22, 2020 MEETING

NOTE: The following report is not a verbatim transcript of the discussions at the meeting; however, is to record the significant features of those discussions.

Chairman Bob Scott called the meeting to order at 9:34 a.m. (MST) Board Members Present: DBS Staff Members Present: Bob Scott, Chairman Chris L. Jensen, Administrator Jeff Wheeler, Vice-Chairman Spencer Holm, Deputy Attorney General Jim Marchetti Warren Wing, Electrical Program Manager Greg Eagy Larry Jeffres, Regional Manager, Region 1 Rick Stark Patrick J. Grace, Regional Manager, Region 2 Casey Wilson Adam Bowcutt, Regional Manager, Region 3 Jim Swier Gary Sonnen, Regional Supervisor, Region 1 Todd Feusier Shelly Farris, Regional Supervisor, Region 3 Joe Harbacheck Amy Kohler, Compliance Program Specialist Renee Bryant, Administrative Assistant 2

♦ Acknowledgement Jim Swier, Manufacturers Representative, and Casey Wilson, Specialty Contractor Representative, were welcomed to the Board.

♦ Open Forum

City/County Concerns – Bob Baird, City of Idaho Falls Electrical Inspector, stated based on the title of Idaho Code 54-1002, License Essential to Engage in Business -- Licensure Authority Exclusive to the State, his interpretation is the city does not have the authority nor responsibility to check licenses on job sites within the city limits, only the state. Idaho Code 54-1002(5) states in part, “…The state shall investigate all local infractions and state violations of this chapter and prosecute the same. The local jurisdictions will assist the state by requesting investigations within their jurisdictions. …” Mr. Baird requests investigations; however, asserts it is not his responsibility to check licenses. Deputy Attorney General Spencer Holm questioned how the local jurisdiction knows there is a problem that needs investigating if they do not check licenses. The Deputy Attorney General’s interpretation of the law is the local jurisdiction has the authority to check licenses. Chairman Scott offered to place this issue on the April 2020 Board meeting agenda as an informational item should it be the desire of Mr. Baird. Deputy Administrator Holm offered to


provide a formal interpretation should the issue be brought before the Board at its April meeting too. Electrical Rules and Licensing Changes – Mark Zaleski, International Brotherhood of Electrical Workers 291, heard there was action at the 2020 legislature regarding possible changes to the electrical rules and licensing. This topic will be addressed under the Program Manager Report. Idaho State Collaborative Meetings – Kelly Lamp, National Electrical Contractors Association of Idaho-Chapter Manager, informed the Board of the Idaho State Collaborative Committee meeting in January 2020. The two remaining meetings of the Collaborative are scheduled April 6, 2020, and July 8, 2020, 9:30 a.m. (MDT)/ 8:30 a.m. (PDT), at the Division’s Meridian office, videoconference with the Division’s Coeur d’Alene and Blackfoot offices, as well as teleconference. Limited Energy Installer Trainee Registration – Registration for Timothy Townsend, Limited Energy Installer Trainee, has expired for the second time. In accordance to IDAPA 07.01.04.013.02, the Division is unable to renew his registration without a recommendation from the Idaho Electrical Board. Mr. Townsend petitioned the Board to allow him to renew his registration; explaining his current work situation, it would be detrimental to his livelihood to wait until the April 2020 meeting for approval, and he made several attempts to reach the Division for placement on the agenda to meet the requirements of the open meeting law. For the Board to vote, the topic would need to be placed as an action item on today’s agenda.

♦ Approval of the January 22, 2020 Agenda, October 30, 2019 Draft Meeting Minutes and October 2, 2019 Special Draft Meeting Minutes Administrative Assistant 2 Renee Bryant confirmed numerous attempts were made by Mr. Townsend; however, she out of the office on a family emergency and did not receive his messages until the day before the meeting. Based on the extenuating circumstances, Board Member Greg Eagy suggested Mr. Townsend’s topic Limited Energy Installer Trainee Registration be placed on the agenda as an action item. Regarding the approval of the October 30, 2019 Electrical Board meeting minutes, the Administrative Assistant 2 explained why they were not completed and in the packet.

MOTION: Todd Feusier made a motion to approve the agenda with the addition of the topic Limited Energy Installer Trainee Registration as an action item and the deletion of the October 30, 2019 Draft Meeting Minutes. Casey Wilson seconded. All in favor, motion carried. MOTION: Joe Harbacheck made a motion to approve the minutes from the October 2, 2019 special meeting. Rick Stark seconded. All in favor, motion carried. The Chairman deferred the approval of the October 30, 2019 regular meeting minutes until the April 29, 2020 meeting.

♦ Limited Energy Installer Trainee Registration Having already discussed Timothy Townsend’s issue, the Chairman asked for a motion.


MOTION: Greg Eagy made a motion to recommend that DBS take action to renew Timothy Townsend’s registration for the second time. Todd Feusier seconded. All in favor, motion carried.

♦ Program Manager Report

Idaho State Collaborative Meetings (Cont’d) – Electrical Program Manager Warren Wing reiterated information on the future meetings of the collaborative is available on the Division’s website. 2020 Code Update Training – The fourth Friday of every month, 2020 Code Update Training is available for inspectors and master electricians at the Division’s Meridian office and videoconference with the Coeur d’Alene and Blackfoot offices. Inspector Monthly Meetings – DBS continues to hold Inspector Monthly Meetings with Authorities Having Jurisdictions. Many good questions are being generated and processes being developed. Journeyman and Master Electrician Tests – The Division’s plans examiners, when they have time, are vetting all test questions, and are currently up through Chapter Three of the National Electrical Code. There are 3,300 questions; however, DBS is trying to cut back to about 100 questions per chapter. Classes – Electrical Program Manager Wing continues to work with utility companies around the state on service connection classes. International Association of Electrical Inspectors (IAEI) Meeting – In March, the Electrical Program Manager will attend the three-day annual meeting and education conference of the IAEI Idaho Chapter. Legislation – With the electrical rule sections being combined into one section, the Senate Commerce and Human Resources Committee decided it was now a fee rule; ceasing the process. The Division revised the rule, as it pertains to apprentice ratios, and presented it to the House Business Committee on January 21, 2020. A legislator recommended, and the committee voted, to remove subsections (a) and (b) from IDAPA 07.01.03.012.02, Direct Supervision; therefore, removing all apprentice ratios from the rules. DBS was asked to create an emergency temporary rule; putting back in the 2-1 ratio on commercial and industrial, and to either raise or eliminate the ratio on residential. Since it is a fee rule, both parties much approve it. As it stands, there will be no apprentice ratios as of sine die of the legislature. The Administrator stated Electrical Program Manager Wing stood up before the House Business Committee; defending the Board, the industry and the decisions made to keep the ratio for residential. Jim Thorpe, Thorco, Inc., suggested his proposal, presented at the October 2019 meeting, could be a workable solution. Liking Mr. Thorpe’s proposal so well, the Division instigated it into a policy. Upon further discussion, Administrator Chris L. Jensen offered, and Chairman Scott agreed, to prepare a couple of options for the Board to vote at a special teleconference/videoconference meeting of the Idaho Electrical Board on January 29, 2020, 9:30 a.m. (MDT)/8:30 a.m. (PDT).


ACTION: A special teleconference/videoconference meeting of the Idaho Electrical Board will be held January 29, 2020.

♦ Compliance Program Report Compliance/Outreach – As addressed at the October 2019 meeting, the Division is increasing its compliance in the Treasure Valley with new Compliance Officer Jeff Boyd. List of Proposed Violators – Concerned are some contractors that appear to be escalating in fines, Board Member Joe Harbacheck requested a list of everyone assessed a fine in 2019. ACTION: The Compliance Program Specialist will email a list of the 2019 violations to the Board.

♦ Administrator Report

Financial Report – The Board is in a very good financial position. Budget – On January 16, 2020, the Administrator presented his budget presentation to the Joint Finance-Appropriations Committee. The Division has asked for three additional compliance officers, five additional inspectors, and one support member. One of the big items in the budget is the purchase of the Blackfoot building; now occupied by DBS. There will be two to three additional agencies that will reside in the building as well. Housing – In a forecast report from the Governor’s office, in 2011, there were 4,500 home-starts in Idaho. In 2020, there will be a little over 16,000 homes, and will increase by 1,000 homes every year for the next five years.

♦ Adjournment MOTION: Todd Feusier made a motion to adjourn the meeting. Greg Eagy seconded. All in favor, motion carried. The meeting adjourned at 10:43 a.m. (MST)

_________________________________ __________________________________ BOB SCOTT, CHAIRMAN RON WHITNEY, ADMINISTRATOR IDAHO ELECTRICAL BOARD DIVISION OF BUILDING SAFETY _________________________________ __________________________________ DATE DATE *These DRAFT minutes are subject to possible correction and final approval by the Idaho Electrical Board. 10/08/2020rb

January 29, 2020 Idaho Electrical Board Special Draft Minutes Page 1 of 2

IDAHO ELECTRICAL BOARD SPECIAL TELECONFERENCE/VIDEOCONFERENCE MEETING

Wednesday – January 29, 2020 – 9:30 a.m. (MST)

Division of Building Safety

1090 East Watertower Street, Suite 150, Meridian 1250 Ironwood Drive, Suite 220, Coeur d’Alene

155 North Maple Street, Blackfoot

*DRAFT MINUTES OF THE JANUARY 29, 2020 SPECIAL MEETING

NOTE: The following report is not a verbatim transcript of the discussions at the meeting; however, is to record the significant features of those discussions.

Chairman Bob Scott called the special meeting to order at 9:30 a.m. (MST) Board Members Present: DBS Staff Members Present: Bob Scott, Chairman Chris L. Jensen, Administrator Jeff Wheeler, Vice-Chairman Ron Whitney, Deputy Administrator Joe Harbacheck Spencer Holm, Deputy Attorney General Jim Marchetti Larry Jeffres, Regional Manager, Region 1 Greg Eagy Adam Bowcutt, Regional Manager, Region 3 Casey Wilson Gary Sonnen, Regional Supervisor, Region 1 Jim Swier Shelly Farris, Regional Supervisor, Region 3 Rick Stark Warren Wing, Electrical Program Manager Todd Feusier Renee Bryant, Administrative Assistant 2

♦ January 29, 2020 Agenda Chairman Scott stated he would like to take the items off the action agenda in reverse order from which they are shown as the topic Low Voltage Limited Energy Apprentice Renewal can be discussed quickly.

♦ Low Voltage/Limited Energy Apprentice Renewal Although not on the January 22, 2020 Idaho Electrical Board meeting agenda as an action item, Timothy Townsend called in under Open Forum to petition the Board to allow him to renew, a second time, his Limited Energy Installer Trainee Registration. The Board accepted the extenuating circumstances as presented; voting to recommend the Division renew Mr. Townsend’s registration. To ensure the Board complied with the Idaho Administrative Code, Mr. Townsend’s topic was placed, and properly noticed, on the January 29, 2020 agenda as an action item. MOTION: Casey Wilson made a motion to allow Timothy Townsend to renew his Limited Energy Installer Trainee Registration. Joe Harbacheck seconded. All in favor, motion carried.

♦ Temporary Rule Regarding Ratios

On January 21, 2020, the House Business Committee approved the electrical rules except for no apprentice ratios. The Division was asked to create a temporary rule; putting ratios back in. Representative Brent Crane provided the history behind this issue, which began at the 2019 Legislative Session.

January 29, 2020 Idaho Electrical Board Special Draft Minutes Page 2 of 2

At the January 22, 2020 Electrical Board meeting, Administrator Chris L. Jensen offered to provide several options to the Board for consideration of a temporary rule. Following are the options: • Option 1 – One journeyman shall supervise up to four apprentices doing electrical installations

on one- and two-family dwellings. For all other electrical work, one journeyman would be allowed to supervisor two apprentices. In addition, add subsection (b) back into IDAPA 07.01.03.012.02, Direct Supervision, which would provide the Administrator the option to adjust the ratio on special circumstances.

• Option 2 – Weighted system on all electrical apprentices.

• Option 3 – Flat ratio on most commercial and industrial work and weighted system on residential. A lengthy discussion ensued with many audience members expressing support for Option 2, while others preferred the one to two ratio. Representative Brent Crane implored the Board to move forward with proposed language; stating, if not, legislators will take control and proceed with legislation. MOTION: Todd Feusier made a motion to adopt Option 2, weighted ratio across the board for commercial and residential. Hearing no second, the motion died. MOTION: Jeff Wheeler made a motion to adopt Option 1 as presented by DBS. This option allows for the four to one ratio on one- and two-family dwellings and puts subsection (b) back in IDAPA 07.01.03.012.02; enabling the Administrator to increase the ratio under extenuating circumstances. Joe Harbacheck seconded. Eight ayes and one nay, motion carried. When asked, one- and two-family dwellings are defined in the National Electrical Code; however, there is no definition for residential or service sizes.

♦ Adjournment

MOTION: Rick Stark made a motion to adjourn the meeting. Jim Swier seconded. All in favor, motion carried. The meeting adjourned at 10:27 a.m. (MST)


February 13, 2020 Idaho Electrical Board Special Draft Meeting Minutes Page 1 of 2

IDAHO ELECTRICAL BOARD SPECIAL TELECONFERENCE/

VIDEOCONFERENCE MEETING

Thursday – February 13, 2020 – 9:30 a.m. (MST)



*DRAFT MINUTES OF THE FEBRUARY 13, 2020 SPECIAL MEETING

NOTE: The following report is not a verbatim transcript of the discussions at the meeting; however, is to record the significant

features of those discussions.

Chairman Bob Scott called the special meeting to order at 9:30 a.m. (MST) Board Members Present: DBS Staff Members Present: Bob Scott, Chairman Chris L. Jensen, Administrator Jeff Wheeler, Vice-Chairman Ron Whitney, Deputy Administrator Joe Harbacheck Patrick J. Grace, Regional Manager, Region 2 Jim Marchetti Adam Bowcutt, Regional Manager, Region 3 Casey Wilson Gary Sonnen, Regional Supervisor, Region 1 Rick Stark Warren Wing, Electrical Program Manager Todd Feusier Renee Bryant, Administrative Assistant 2 Jim Swier

♦ Authorize Notice of Adoption of Temporary Rule Regarding IDAPA 07.01.01 At the adjournment of the 2019 Legislative Session, a concurrent resolution to extend the current administrative rules was not approved; therefore, all agencies with governing boards/commissions had to approve the re-adoption of their rules. In anticipation of the possibility of it happening again, the Board has been asked by the Governor’s office to approve the rules on a temporary basis, as submitted to the 2020 legislature, for another year in the event they are not reauthorized upon sine die of the 2020 Legislature. Chairman Scott read the following motion: “Upon sine die of the 2020 session of the Idaho Legislature, and conditioned upon the Board’s rules not otherwise being approved by the Legislature or not extended pursuant to the Idaho Administrative Procedure Act, the Board adopt as temporary rules the Board’s rules in IDAPA 07.01.01 related to Electrical Board as presented to the 2020 Idaho Legislature, and that the Board delegate to the Administrator the authority to make and approve all notices and filings under the rulemaking process.” MOTION: Joe Harbacheck moved to accept the motion. Jim Swier seconded. All in favor, motion carried.

February 13, 2020 Idaho Electrical Board Special Draft Meeting Minutes Page 2 of 2

♦ Apprentice Ratio The Administrator has been asked by both the executive branch and legislative branch of the government to propose the Board change the apprentice ratio from two to three in a motion made at the January 29, 2020 special Electrical Board meeting. Therefore, one- and two-family dwellings would have a four to one ratio and everything else would have a three to one ratio. For the temporary rule to go into effect, it must be approved by the executive branch and the executive branch has asked the Board to change the ratio. If the change is not made, both branches have indicated there will be no apprentice ratio across the board at sine die.

MOTION: Todd Feusier made a motion to change the apprentice ratio from two to three in the temporary rule motion the Board approved at the January 29, 2020 special Electrical Board meeting. Joe Harbacheck seconded. Roll call: Casey Wilson-Aye, Rick Stark-Aye; Jim Marchetti-Nay; Joe Harbacheck-Aye; Jim Swier-Nay; Todd Feusier-Aye; Jeff Wheeler-Nay and Bob Scott-Nay. Four ayes and four nays; motion at an impasse and does move forward.

♦ Adjournment

MOTION: Jeff Wheeler made a motion to adjourn the meeting. Casey Wilson seconded. All in favor, motion carried. The meeting adjourned at 10:00 a.m. (MST)


August 13, 2020 Special Idaho Electrical Board Meeting Draft Minutes Page 1 of 2

IDAHO ELECTRICAL BOARD SPECIAL TELECONFERENCE/

VIDEOCONFERENCE MEETING

Thursday – August 13, 2020 – 10:00 a.m. (MDT)



*DRAFT MINUTES OF THE AUGUST 13, 2020 SPECIAL MEETING

NOTE: The following report is not a verbatim transcript of the discussions at the meeting; however, is to record the significant

features of those discussions.

Chairman Bob Scott called the special meeting to order at 10:13 a.m. (MDT) Board Members Present: DBS Staff Members Present: Bob Scott, Chairman Ron Whitney, Administrator Greg Eagy Patrick J. Grace, Deputy Administrator Joe Harbacheck Spencer Holm, Deputy Attorney General Jim Marchetti Larry Jeffres, Regional Manager, Region 1 Casey Wilson Adam Bowcutt, Regional Manager, Region 3 Rick Stark Renee Bryant, Administrative Assistant 2 Todd Feusier Jim Swier Attending the special meeting via teleconference, Chairman Bob Scott asked Board Member Greg Eagy, who was in attendance at the Division’s Meridian office, to conduct the meeting.

♦ Vote to Authorize Notice of Omnibus Rulemaking – Adoption of Proposed Rule and Notice of Omnibus Fee Rulemaking – Adoption of Proposed Fee Rule with Regard to IDAPA 24.39.10 (Formerly 07.01.01) in Docket Number 24-0000-2000F For administrative rules to continue to be effective, the legislature has to reauthorize them each year. This year, similar to last year, the legislature did not reauthorize any rule that had a fee in it. To ensure the fee rules remain in place, the Governor’s office promulgated them on a temporary basis. The Board has the authority over the rules; therefore, DBS asked for approval to put the rules into a proposed state. Once approved, the rules will be published in the Idaho Administrative Bulletin for possible reauthorization at the 2021 legislature. The substance of the rules have not changed since presented to the legislature in 2020; however, DBS has been moved under the Division of Occupational and Professional Licensing. Therefore, the IDAPA rules under the Idaho Electrical Board have been recodified from 07.01.01 to 24.39.10.

August 13, 2020 Special Idaho Electrical Board Meeting Draft Minutes Page 2 of 2

MOTION: Joe Harbacheck made a motion to put this action in; Authorizing the Notice of Omnibus Rulemaking – Adoption of Proposed Rule and Notice of Omnibus Fee Rulemaking – Adoption of the Proposed Fee Rule with regard to IDAPA 24.39.10 (formerly 07.01.01) in Docket Number 24-0000-2000F. Jim Marchetti seconded. Roll Call: Greg Eagy-Aye, Casey Wilson-Aye, Todd Feusier-Aye, Jim Swier-Aye, Joe Harbacheck made the motion, Jim Marchetti seconded, Rick Stark-Aye and Bob Scott-Aye. All in favor, motion carried.

♦ Adjournment

MOTION: Bob Scott made a motion to adjourn the meeting. Joe Harbacheck seconded. The meeting adjourned at 10:20 a.m. (MDT)



Agenda Item No. 02 Application Related to Training Provider--Faith Technologies PRESENTER: Adrian San Miguel, CTE ______________________________________________________________________________ OBJECTIVE: To be a training provider of CEU’s in the state of Idaho. ______________________________________________________________________________ ACTION: Accept or deny as a CEU training provider. ______________________________________________________________________________ BACKGROUND: ______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: Training Provider List and Recommendations ______________________________________________________________________________

October 28, 2020

TO: Idaho Division of Building Safety and Idaho Electrical Board

FROM: Dr. Clay Long, Administrator

SUBJECT: Updated Related Training Providers

The signed MOU established between Idaho Career & Technical Education (ICTE), the Idaho Division

of Building Safety (DBS), and the Idaho Electrical Board established the expectations for the

addition, removal, and monitoring of related training providers.

Idaho Career & Technical Education recommends approval for the following entities:

College of Eastern Idaho Faith Technologies* Southwest Idaho JATC

College of Southern Idaho Idaho State University Treasure Valley Community College

College of Western Idaho IEC of Idaho

DC Electric, Inc. Lewis Clark State College

Eastern Idaho JATC North Idaho College

*recommended to be added

Based on our review, the related training providers are in accordance with utilizing approved

standards set forth by ICTE, DBS, and the Idaho Electrical Board.

Please contact Adrian San Miguel at [email protected] if you have any questions.

Sincerely,

Dr. Clay Long

Administrator

CL/ASM/bd

Cc Warren Wing, DBS

Tamara Baysinger, OSBE

mailto:[email protected]


Agenda Item No. 03 Adoption of Pending Rules PRESENTER: Patrick J. Grace, Deputy Administrator ______________________________________________________________________________ OBJECTIVE: Approve the reauthorized pending Idaho Electrical Board Rules – IDAPA

24.39.10 ______________________________________________________________________________ ACTION: Vote to approve and authorize the reauthorized omnibus rules. ______________________________________________________________________________ BACKGROUND: Administrative rule chapters that contain a fee in them were not reauthorized by the Idaho legislature in the 2020 legislative session. However, the Governor’s office had all executive agencies and boards promulgate temporary rules for such fee rule chapters several months ago so that they would still be in effect until the legislature can take up the matter again next session. The Idaho Electrical board rules were promulgated as temporary and proposed, and notices of such were published in special editions of the April 2020 and September 2020 administrative bulletins. The board previously approved such action at meetings earlier this year. As part of the rulemaking process, the rules were published in the September bulletin as “proposed” rules and opportunity was provided to the public to provide comment and submit views or arguments about the rules – after which time the rules enter into a “pending” state. No comment has been received by the Division about the Idaho Electrical rules to date. The final step in the board’s rulemaking approval process is to authorize the rules as pending for final submission to the legislature for review in the next legislative session. ______________________________________________________________________________ ATTACHMENTS: Proposed Idaho Electrical Board rules; notice of omnibus rulemaking –

proposed fee rule ______________________________________________________________________________


Agenda Item No. 04 Agreement -- Reciprocal Journeyman Electrician License Between Idaho and Oklahoma PRESENTER: Warren Wing, Electrical Program Manager ______________________________________________________________________________ OBJECTIVE: Continue to maintain reciprocity with Oklahoma for electrical

journeymen. ______________________________________________________________________________ ACTION: Board should vote to accept or deny the reciprocal agreement between

Idaho and Oklahoma. ______________________________________________________________________________ BACKGROUND: Idaho currently has a reciprocal agreement with Oklahoma and would like

to continue with it. ______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: Agreement ______________________________________________________________________________


Agenda Item No. 05 Agreement -- Reciprocal Journeyman Electrician License Between Idaho and Washington PRESENTER: Warren Wing, Electrical Program Manager ______________________________________________________________________________ OBJECTIVE: Develop reciprocity between Washington and Idaho. ______________________________________________________________________________ ACTION: Accept or deny the reciprocal agreement between Idaho and Washington. ______________________________________________________________________________ BACKGROUND: The Electrical Program Manager has been working with Washington for

several years to get reciprocity. They were reluctant to sign because previous reciprocity agreements would require them to accept licenses from people who obtained them without meeting Washington requirements. Once they understood that they would only be reciprocating licenses that were obtained with the same requirements as Washington, we were able to enter into discussions.

______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: Agreement ______________________________________________________________________________


Agenda Item No. 06 Exam--Question Bank Management PRESENTER: Warren Wing, Electrical Program Manager ______________________________________________________________________________ OBJECTIVE: To create 3-5 tests for each license type. This would allow DBS to review tests on a 3-month rotation to ensure fresh test questions are cycled and vetted before being used for examination purposes. These tests will only have questions and answers that relate to each license scope of work. ______________________________________________________________________________ ACTION: Approve or deny the Division’s request. ______________________________________________________________________________ BACKGROUND: The test bank had over 3,600 questions. This proves difficult to manage. DBS has been vetting these questions. The Board has been addressed by the public on this issue. We have cut the number of questions to just under 1,000. We have also utilized our software to draw questions from the test bank to more accurately ensure examinees are being tested on the same type of questions. This ensures that a tester gets the same number of “motor” questions for example as other testers. Previously some testers could get a test that had no “Motor” questions while another tester could get a test that had several. People are going to get the same test, as close as we can with random selection, by changing the variables and not the questions. Journeyman questions are “first level questions” master questions are “one, two and three level questions.” We have identified many questions for different licenses that are outside the scope of what the license allowed and need to remove these from the test. DBS has been approached by the pump installers concerning this issue also. We have also discovered some tests do not cover areas that they should address. ______________________________________________________________________________ ATTACHMENTS: Test Proposal ______________________________________________________________________________

Current Proposed Changes Current Proposed ChangesSubject Journeyman (4 hrs.) Journeyman (4 hrs.) Subject Master (4 hrs.) Master (4 hrs.)Intro (90) 2 1 Question Intro (90) 1 1 QuestionChapter 1 5 3 Questions Chapter 1 4 4 Questions

Chapter 2 18

15 Questions; Multiple Single Phase Range

Calculations; Optional Method Service Calculation;

EGC Sizing

Chapter 2 16

18 Questions; Multiple Three Phase Range Calculations; Standard

Method Service Calculation; EGC Sizing; Neutral Demand Calculation

Chapter 3 1815 Questions; Box Fill

Calculation, Conductor Ampacity Calculations

Chapter 3 16

18 Questions; Box Fill Calculation, Conductor Ampacity Calculations;

Cable Tray Fill Calculations; Specialty Calculations

Chapter 4 17

15 Questions; Motor Calculations; Transformer OCPD Calculation; Heating

Cooling Equipment Calculation

Chapter 4 16

18 Questions; Motor Calculations; Transformer OCPD Calculation;

Heating Cooling Equipment Calculation; Specialty Calculations

Chapter 5 139 Questions; Specialty

CalculationChapter 5 8 8 Questions; Specialty Calculation





Chapter 8 1 2 Questions Chapter 8 2 2 Questions

Chapter 9 55 Questions; Conduit Fill Calculations; Resistance

CalculationsChapter 9 2

5 Questions; Conduit Fill Calculations; Resistance

CalculationsCalculations 8 Calculations 10Statue & Rule 6 5 Questions Statue & Rule 5 5 QuestionsContractor's Manual Contractor's ManualTotal 100 80 Total 90 90

Current Proposed Changes Current Proposed ChangesSubject Elevator (2.5 hrs) Elevator (3 hrs) Subject Sign (2 hrs) Sign (2 hrs)Intro (90) 3 1 Question Intro (90) 2 1 QuestionChapter 1 3 5 Questions Chapter 1 3 2 QuestionsChapter 2 10 10 Questions; EGC Sizing Chapter 2 3 - 210; 6 - 250 10 Questions; EGC Sizing


Calculation, Conductor Ampacity Calculations

Chapter 3 4 - 310; 4 - Chapter 310 Questions; Box Fill Calculation, Conductor Ampacity Calculations

Chapter 4 1013 Questions; Motor

CalculationsChapter 4 3 Questions

Chapter 5 Chapter 5Chapter 6 18 - 620 15 Questions Chapter 6 2 - 600.21; 12 - Chapter 6 10 QuestionsChapter 7 Chapter 7Chapter 8 Chapter 8

Chapter 92 Questions; Conduit Fill

CalculationsChapter 9

2 Questions; Conduit Fill Calculations

Calculations 4 Calculations 2Statue & Rule 2 2 Questions Statue & Rule 2 2 QuestionsContractor's Manual Contractor's ManualTotal 60 60 Total 40 40

Current Proposed Changes Current Proposed ChangesSubject Mfg Equip. (2 hrs) Mfg Equip. (2 hrs) Subject Ltd. Energy (2 hrs) Ltd. Energy (2 hrs)Intro (90) 3 2 Questions Intro (90) 3 2Chapter 1 4 4 Questions Chapter 1 4 2 QuestionsChapter 2 15 10 Questions; EGC Sizing Chapter 2 3 - 250 5 Questions; EGC Sizing


Calculation, Conductor Ampacity Calculations;

Chapter 3 3 - 310 2; Chapter 310 Questions; Box Fill Calculation, Conductor Ampacity Calculations;

Chapter 4 55 Questions; Motor

Calculations; Specialty Calculation

Chapter 4

Chapter 5 Chapter 5Chapter 6 Chapter 6Chapter 7 3 - 725 5 Questions Chapter 7 23 - 725, 760, 720 16 QuestionsChapter 8 Chapter 8




Calculations 3 CalculationsStatue & Rule 2 2 Questions Statue & Rule 2 2 QuestionsContractor's Manual Contractor's ManualTotal 40 40 Total 40 40

Current Proposed Changes Current Proposed ChangesSubject Irrigation sprinkler (2 hrs) Irrigation sprinkler (2 hrs) Subject Well Driller/Water Pump (2 hrs) Well Driller/Water Pump (2 hrs)Intro (90) 2 1 Question Intro (90) 3 1 Question

Chapter 1 2 2 Questions Chapter 1 43 Questions; Conduit Fill

CalculationsChapter 2 9 - 210, 215, 250 8 Questions; EGC Sizing Chapter 2 4 - 210, 215; 6 - 225; 5 - 250 10 Questions; EGC Sizing



Chapter 3 4 - 310; 1 - 352; 1 - 338; 1 - 34010 Questions; Box Fill Calculation, Conductor Ampacity Calculations;

Chapter 4 10 - 43010 Questions; Motor

CalculationsChapter 4 11 - 430 11 Questions; Motor Calculations

Chapter 5 Chapter 5Chapter 6 6 Questions Chapter 6Chapter 7 Chapter 7Chapter 8 Chapter 8




Calculations 3 Calculations 3Statue & Rule 3 3 Questions Statue & Rule 2 2 QuestionsContractor's Manual Contractor's ManualTotal 40 40 Total 45 40

Current Proposed Changes Current Proposed ChangesSubject Ref., Htg, & AC ELE (2 hrs) Ref., Htg, & AC ELE (2 hrs) Subject Solar Photovoltaic (3 hrs)Intro (90) 2 1 Question Intro (90) 2 QuestionChapter 1 3 3 Questions Chapter 1 4 Questions

Chapter 2 2 - 220; 7 - 250 8 Questions; EGC Sizing Chapter 210 Questions; Optional Method Service Calculation; EGC Sizing

Chapter 39 Questions; Box Fill


Chapter 310 Questions; Box Fill Calculation, Conductor Ampacity Calculations;

Chapter 4 9 - 440; 7 - 42410 Questions; Heating

Cooling Equipment Calculation

Chapter 44 Questions; Appliance Calculation

(Solar Powered)

Chapter 5 Chapter 5 2 QuestionsChapter 6 Chapter 6 10 Questions; Solar CalculationChapter 7 5 - 725 5 Questions Chapter 7 10 Questions; Solar CalculationChapter 8 Chapter 8




Calculations 2 CalculationsStatue & Rule 2 2 Questions Statue & Rule 4 QuestionsContractor's Manual Contractor's ManualTotal 45 40 Total 60


Agenda Item No. 07 DBS Inspector Certification PRESENTER: Warren Wing, Electrical Program Manager ______________________________________________________________________________ OBJECTIVE: Receive approval from the Electrical Board to administer our own general inspector exam and set forth CEU requirements for inspectors. We have developed a two-part exam that has questions specific to electrical inspectors and inspections. The first part is a 120-question electrical exam. The other part covers rules and statutes. To receive certification new inspectors would need to pass both exams. Existing inspectors with certification will be “grandfathered in”. Inspectors will be required to take a rules and statutes update each year and a total of 24 hours of continuation training every three years to remain certified. Furthermore, every inspector will be required to attend at least three AHJ meetings as part of their continued education training each year; when these meetings are made available. ______________________________________________________________________________ ACTION: Board approves DBS to administer two-part exam for inspector certification. Board directs DBS to administer rules and statutes updates, require 24 hours of continued education training and inspector AHJ attendance as described in the objective above. ______________________________________________________________________________ BACKGROUND: Statute was passed during the 2018 legislature allowing DBS to self-certify inspectors if the inspectors test was approved by the Board. The statute further says that inspectors shall be required to participate in continuous education training as directed by the Idaho Electrical Board and administered by the DBS. ______________________________________________________________________________ ATTACHMENTS: No Documentation ______________________________________________________________________________


Agenda Item No. 08 Contractors Exam to Cover Only DBS Statutes & Rules PRESENTER: Warren Wing, Electrical Program Manager ______________________________________________________________________________ OBJECTIVE: To administer an electrical contractors’ exam that covers rules and statutes enforceable by the division. Along with ensuring electrical contractors are tested on knowledge applicable to the licensing, permitting amendments, appeals and other processes enforceable by DBS. This would ensure that contractors demonstrate a knowledge of rules and statutes to help them avoid possible agency action from violations of such rules and statutes. ______________________________________________________________________________ ACTION: Board should vote to approve or deny changing the electrical contractors exam to utilize 100% of questions directly from electrical rules and statutes. ______________________________________________________________________________ BACKGROUND: Seventy percent (70%) of our contractors’ test covers rules and statutes enforced by other agencies. Everything from balance sheets, financial plans, operations plans, marketing plans, business plans. It even has questions about selecting accountants and attorneys. None of this information is enforceable or the concern of the agency. This information is the responsibility of other agencies to enforce and the contractor to know. ______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: No Documentation ______________________________________________________________________________


Agenda Item No. 09 Schedule 2021 Board Meetings PRESENTER: Bob Scott, Chairman ______________________________________________________________________________ OBJECTIVE: Schedule board meetings for 2021. ______________________________________________________________________________ ACTION: Vote to accept, reject or modify the 2021 meeting dates as suggested under the topic Background. ______________________________________________________________________________ BACKGROUND: Selected for the Board’s consideration are the following dates for the 2021

board meetings: January 27th, April 28th, July 21th, and October 27th ______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: 2021 Board Calendar ______________________________________________________________________________

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Agenda Item No. 10 Permit Fee Waiver Petition PRESENTER: Patrick J. Grace, Deputy Administrator ______________________________________________________________________________ OBJECTIVE: Present a petition received by DBS to waive portions of the electrical IDAPA rules requiring a fee for permits – in an area of the state affected by wildfires. ______________________________________________________________________________ ACTION: Vote to approve a petition to waive permit fees for installations in areas affected by wildfires ______________________________________________________________________________ BACKGROUND: In 2020, the Idaho legislature passed S1283 which amended Idaho Code § 67-5230 and provided authority for any person to petition an agency for a waiver or variance from specified IDAPA rules based on one or more considerations further set forth in paragraph (2) of the statute. The agency may deny or approve the petition (with or without conditions) within (28) days of its submission.

On October 13, 2020, the DBS received a petition for a waiver of certain permit fees (including electrical) for those citizens in Clearwater County who may be seeking to rebuild structures as a result of damage sustained by wildfires in that area. Such a waiver has previously been granted by DBS through an executive order, but S1283 provides opportunity to utilize a new process, and review whether the Board and DBS may want to promulgate a standing rule to provide relief to citizens similarly affected in the future. ______________________________________________________________________________ PROCEDURAL HISTORY: The Board has not previously reviewed this matter. ______________________________________________________________________________ ATTACHMENTS: Idaho Statute 67-5230 and Petition to Waive Permit Fees ______________________________________________________________________________

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52 IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5230. PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF

RULES. (1) Any person may petition an agency requesting the adoption,

amendment, or repeal of a rule. The agency shall: (a) Deny the petition in writing, stating its reasons for the denial; or (b) Initiate rulemaking proceedings in accordance with this chapter.

(2) Any person may petition an agency for a waiver of or variance from a specified rule or rules if the granting of the waiver would not conflict with or violate Idaho law and is consistent with at least one (1) of the following considerations: (a) In the petitioner’s specific circumstances, the application of a certain rule or rules is unreasonable and would impose undue hardship or burden on the petitioner; (b) The petitioner proposes an alternative that, in the opinion of the agency, will afford substantially equal protection of health, safety, and welfare intended by the particular rule for which the waiver or variance is requested; or (c) The waiver or variance requested would test an innovative practice or model that will, in the opinion of the agency, generate meaningful evidence for the agency in consideration of a rule change.

(3) In response to a petition filed pursuant to subsection (2) of this section, the agency shall: (a) Deny the petition in writing, stating the reasons for the denial; or (b) Approve the petition and grant a waiver of or variance from the rule, in whole or in part, and specify whether any conditions are placed on the waiver or variance or whether a specific time period for the waiver or variance is established.

(4) An agency shall approve or deny a petition filed pursuant to this section or initiate rulemaking proceedings in accordance with this chapter within twenty-eight (28) days after submission of the petition, unless the agency’s rules are adopted by a multimember agency board or commission whose members are not full-time officers or employees of the state, in which case the agency shall take action on the petition no later than the first regularly scheduled meeting of the board or commission that takes place seven (7) or more days after submission of the petition. If an agency requests additional information from the petitioner, the time period specified in this subsection shall begin anew.

(5) Following the granting of a waiver or variance, the agency shall consider a rule change that will allow all similarly situated persons to derive the same benefits granted to the petitioner.

(6) An agency decision denying a petition is a final agency action.

History: [(67-5230) 1965, ch. 273, sec. 6, p. 701; am. and redesig. 1992, ch.

263, sec. 21, p. 801; am. 1995, ch. 270, sec. 2, p. 869; am. 2020, ch. 277, sec. 1, p. 811.]

October 14, 2020 Mr. Ron Whitney Administrator, Division of Building Safety 1090 E Watertower, Ste 150 Meridian, Idaho 83642 RE: Request to Temporarily Waive Portions of IDAPA code as Allowed by Idaho Code 67-5230

Dear Mr. Whitney, We are writing to petition for a waiver of specific portions of IDAPA 24.39.10 – RULES OF THE IDAHO ELECTRICAL BOARD, 24.39.20 – RULES GOVERNING PLUMBING, and 24.39.70 RULES GOVERNING INSTALLATION OF HEATING, VENTILATION, AND AIR CONDITIONING SYSTEMS – specifically provisions related to the payment of fees for permits to make electrical, plumbing, or HVAC installations. The wildfires that have occurred in Idaho in 2020 have greatly affected certain areas of the State by destroying many structures that will need to be rebuilt for citizens and communities to return to their lives. Many residents within the affected communities are in very difficult financial positions as a result of the fires which occurred, in addition to the challenges faced by the COVID-19 pandemic, and could benefit from any assistance from government that may help them rebuild their homes and lives. In order that affected citizens may able to rebuild as quickly as possible and restore the economic well-being and health and safety of those areas, and on behalf of those affected citizens, we petition that certain fees imposed by the Division of Building Safety for permits for plumbing, electrical and HVAC be waived to provide further relief thereto. In accordance with Idaho Code § 67-5230(2), and on behalf of the affected citizens described herein, we make this petition and request that the provisions of the following rules related to the imposition of a fee for any applicable electrical, plumbing or HVAC permit be temporarily waived in Clearwater County.

Electrical

• 24.39.10.011.02; • 24.39.10.012; • 24.39.10.012.01; and • 24.39.10.013

Plumbing • 24.39.20.102

HVAC • 24.39.70.051

Senate Bill 1283 passed the Idaho legislature during the 2020 Legislative Session and became law on July 1st,

2020 [https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5230/]. The bill amended Idaho Code 67-5230 to allow Idahoans to petition to have an Administrative Rule waived. The application of the specific portions of the IDAPA rules identified above would impose an undue hardship on those Idahoans described, and accordingly, should be temporarily waived. It would be our intent in making this petition that any required

Carl Crabtree

District 7

HOME ADDRESS 36 White Tail Acres Lane

Grangeville, ID 83530 Home: (208) 983-2176

Email: [email protected]

STATEHOUSE (208) 332-1355

(session Only)

Idaho State Senate

State Capitol P.O. Box 83720

Boise, Idaho 83720-0081

Dan Johnson

District 6

HOME ADDRESS 1006 Richardson Avenue

Lewiston, ID 83501 Home: (208) 816-1164

Email: [email protected]

STATEHOUSE (208) 332-1421

(session Only)

WWW.STATE.ID.US/LEGISLAT

inspections of such installations still be performed by the Division and requested from the property owner. Consequently, and if necessary, in the alternative we would submit that not requiring the permit fee but still performing the inspection to ensure the installation is safe and in accordance with adopted codes would also meet the criteria set forth in §64-5230 by affording substantially equal protection of health, safety and welfare intended by the Division’s rules regarding permitting and inspections. Thank you for your consideration in this matter. Sincerely,

Senator Carl Crabtree Senator Dan Johnson


Agenda Item No. 11 Universal Licensure PRESENTER: Patrick J. Grace, Deputy Administrator ______________________________________________________________________________ OBJECTIVE: Inform the board and industry of Senate Bill No. 1351 which became law on July 1, 2020, specifically 67-9408 and 9409. ______________________________________________________________________________ ACTION: Informational ______________________________________________________________________________ BACKGROUND: The purpose of this bill is to provide paths to licensure from applicants

from out of state who may have some type of license already, and to provide an equivalent license for them here if their scope of practice is narrower in that state than what we may issue a license for in Idaho. There are also provisions regarding background checks, and a new process for agencies to follow if a new license is proposed; whereby such legislation will need to all be run through a new legislative licensure review committee prior to being reviewed through the regular legislative committee process.

______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: Idaho Statute 67-9408 and 67-9409 ______________________________________________________________________________


Agenda Item No. 12 Electrical Board Rulemaking Schedule PRESENTER: Warren Wing, Electrical Program Manager ______________________________________________________________________________ OBJECTIVE: Informational ______________________________________________________________________________ ACTION: None required. ______________________________________________________________________________ BACKGROUND: The Governor’s office has placed all state agencies on a 5-year rule review cycle. For more information on that please see Executive Order (EO) 2020-01. Idaho Electrical board IDAPA rules will be reviewed every 5 years. The next review of electrical rules will be in 2023. Idaho electrical rules will be repealed and replaced requiring the board and agency to determine whether they still need all the rules. This is the moratorium on the promulgation of rules that you may have heard about. Generally speaking, we may not run a rule until our year comes up. However, a rule can still be promulgated prior to (or outside of) those years, but it must meet one of several identified criteria in the EO. The agency and electrical board will have to justify why they are running the rule outside of their assigned year. Other “administrative” or less critical rule amendments may not be promulgated until our rule review cycle. ______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: EO 2020-01 ______________________________________________________________________________

EXECUTIVE DEPARTMENT

STATE OF IDAHO

BOISE

EXECUTIVE ORDER NO. 2020-01

ZERO-BASED REGULATION

WHEREAS, excessive regulation at all levels of government can impose high costs on

businesses, inhibit job growth, and impede private sector investment; and

WHEREAS, Governor Little issued Executive Order No. 2019-02, the Red Tape Reduction Act, with a goal of identifying and eliminating costly, ineffective, and outdated regulations; and

WHEREAS, the Governor’s efforts to eliminate regulations were augmented by the expiration of all administrative rules in 2019 pursuant to Section 67-5292, Idaho Code, creating an impetus for quicker action by state agencies; and

WHEREAS, this effort changed the dynamic for agencies. Previously, each rule the agency wanted to eliminate had to be justified as a new rulemaking action; however, in 2019, every regulation that agencies wanted to keep had to be justified, changing the burden of proof and combatting bureaucratic inertia; and

WHEREAS, Idaho state agencies did a tremendous job of embracing this opportunity, holding more than 150 public meetings and making significant progress toward regulatory reform; and

WHEREAS, the new process proved to be successful, leading to historic regulatory reform with 75-percent of all rules cut or simplified in less than one year. The effort led to the elimination of 250 rule chapters, 1,804 pages of regulations, and close to 31,000 restrictions. For every new rule chapter added, 83 were eliminated, and Idaho become the least regulated state in the country; and

WHEREAS, the collaboration between the executive and legislative branches was unprecedented and enabled this success; and

WHEREAS, the proven success of this new process should be institutionalized to prevent the accumulation of costly, ineffective, and outdated regulations over time; and

State Capitol Boise

Executive Department State of Idaho

WHEREAS, there is an opportunity to pair this process with a more thorough retrospective review of the cost and benefit of each rule, if agencies are provided adequate lead time; and

WHEREAS, given the volume of rulemaking in 2019, there is a need to provide businesses with certainty in the regulatory environment.

NOW, THEREFORE, I, Brad Little, Governor of the State of Idaho, by virtue of the authority vested in me by the Constitution and laws of this state, do hereby order that:

1. Executive Order No, 2019-02, the Red Tape Reduction Act, is hereby repealed and replaced with the Zero-Based Regulation process specified in this Executive Order.

Ongoing Review Process for Existing Rules

2. Each rule chapter effective on June 30, 2020, shall be reviewed by the agency that

promulgated the rule according to a schedule established by the Division of Financial Management (DFM) as follows: a. All rule chapters, excluding those issued by Constitutional officers, shall be

reviewed and, if applicable, be promulgated as specified in this Executive Order no later than sine die in 2026;

b. The agency review schedule shall be staggered across agencies and within agencies if the agency has five (5) or more rule chapters. DFM shall ensure the volume of rules that are reviewed by the agencies in any given year is such that the public can engage and provide meaningful input in any individual rulemaking, with approximately twenty percent (20-percent) of rule chapters subject to review each year; and

c. The agency review schedule shall be posted on the website of the office of administrative rules coordinator no later than October 1, 2020, and a date for agency review shall be published on the cover sheet of each individual rule chapter.

3. Prior to the agency review date established by DFM, each agency must publish a notice

of proposed rulemaking in accordance with the provisions of the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code to repeal the existing rule chapter. The agency must finalize the chapter repeal as a pending rule for legislative review during the legislative session that coincides with the agency review date.

4. An agency wishing to renew a rule chapter beyond the agency review date must promulgate a new rule in accordance with the provisions of the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code:

a. The agency must perform a retrospective analysis of the rule chapter to determine whether the benefits the rule intended to achieve are being realized, whether those benefits justify the costs of the rule, and whether there are less-restrictive alternatives to accomplish the benefits. This analysis should be guided by the legislative intent articulated in the statute or act giving the agency the authority to promulgate the rule.

i. DFM shall develop a standardized process for the required retrospective analysis. Any such forms shall be posted on the website of the office of administrative rules coordinator no later than October 1, 2020.

ii. Agencies should start the new rulemaking from a zero-base, and not seek to simply reauthorize their existing rule chapter without a critical and comprehensive review. Agencies must use the retrospective analysis to guide which regulations, if any, should be re-promulgated in order to carry out the legislative intent articulated in the statute or act giving the agency the authority to promulgate the rule.

b. The agency must publish a notice of intent to promulgate rules and hold, at a minimum, two public hearings that are designed to maximize public participation in the rulemaking process. A copy of the retrospective analysis must be published on the agency’s website prior to the public hearings.

c. The new rule chapter that the agency finalizes must reduce the overall regulatory burden, or remain neutral, as compared to the previous rule chapter.

Process for New or Amended Rules

5. For the current year, there is a moratorium on rulemaking in order to create a more

stable regulatory environment and provide businesses with certainty following the significant rulemaking volume undertaken in 2019. State agencies shall not conduct any new rulemaking action from the date of this Executive Order through December 31, 2020, unless all the following conditions apply or unless waived by the Office of the Governor:

a. The rulemaking is narrowly-tailored to achieve one or more of the following objectives:

i. To reduce or remove a regulatory burden; ii. To remove obsolete, outdated, or unnecessary regulations;

iii. To advance the objectives of the Licensing Freedom Act; iv. To comply with a new statutory requirement or court order; or v. To prevent a substantiated and well-documented threat to public health,

peace, or safety. b. At least one existing rule is repealed or significantly simplified in conjunction

with the new or amended rule so that the net regulatory burden is decreased or neutral. Upon approval from the Office of the Governor, this condition will not apply if the rulemaking is mandated by new federal or state law or by court order;

c. At least one public hearing is conducted; d. The agency completes a prospective analysis of the new or amended rule, using

a standardized form developed by DFM. i. Any such forms shall be posted on the website of the office of administrative

rules coordinator no later than June 1, 2020. ii. A copy of the prospective analysis must be published on the agency’s

website prior to the negotiated rulemaking session.

6. All proposed amendments to an existing chapter must be contained within a single rulemaking docket.

7. If the new rulemaking action results in a new chapter, it shall be reviewed by sine die five (5) years from when the rule becomes final.

a. The rules coordinator shall publish the agency review date on the cover sheet of each individual rule chapter.

8. Temporary rules shall be limited to those that are intended to avoid an immediate

danger or are required to meet a specific deadline specified in statute or a court order.

9. Beginning January 1, 2021, state agencies shall, to the extent practicable, only amend rules in conjunction with the renewal of a rule chapter as specified in item 4 of this Executive Order.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho in Boise on this 16th day of January in the year of our Lord two thousand and twenty and of the Independence of the United States of America the two hundred forty-fourth and of the Statehood of Idaho the one hundred thirtieth.

BRAD LITTLE GOVERNOR

LAWERENCE DENNEY

SECRETARY OF STATE


Agenda Item No. 13 Program Manager Report PRESENTER: Warren Wing, Electrical Program Manager ______________________________________________________________________________ OBJECTIVE: Update the Board on the Electrical program’s current activities. ______________________________________________________________________________ ACTION: Informational ______________________________________________________________________________ BACKGROUND: This topic is addressed at all regularly scheduled Idaho Electrical Board

meetings.

• Compliance Report • NERA Report

______________________________________________________________________________ PROCEDURAL HISTORY: ______________________________________________________________________________ ATTACHMENTS: Compliance Report ______________________________________________________________________________

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ELECTRICAL MASTER EXAMS 2020MONTH PASS FAIL TOTALJANIn‐state 6 3 9Out of state 0 0 0FEBIn‐state 10 0 10Out of state 2 1 3MARCHIn‐state 4 3 7Out of state 2 2 4APRILIn‐state 0 1 1Out of state 0 0 0MAYIn‐state 8 4 12Out of state 1 1 2JUNEIn‐state 8 1 9Out of state 3 2 5JULYIn‐state 6 2 8Out of state 4 2 6AUGIn‐state 3 1 4Out of state 2 0 2SEPTIn‐state 5 4 9

Out of state 1 0 1OCTIn‐stateOut of state NOVIn‐stateOut of state DECIn‐stateOut of state TOTAL

2019 ELECTRICAL MASTER EXAM 1ST TIME TEST TAKERS

MONTH PASS FAIL TOTALJAN 5 3 8FEB 9 4 13MARCH 10 2 12APRIL 6 2 8MAY 14 1 15JUNE 7 4 11JULY 5 0 5AUG 7 5 12SEPT 2 2 4OCT 4 6 10NOVIn‐state 9 0 9Out of state 3 0 3DECIn‐state 3 0 3Out of state 1 0 1TOTAL 85 29 114

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