Idaho State Statutes - Idaho Attorney Directory

ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
POSTING. (1) The administrator shall have authority under this section to
enter all public school facilities covered by this chapter at reasonable times
to inspect, on an annual basis, such facilities for compliance with the Idaho
uniform school building safety code; provided however, that inspections shall
take into account the age of the school facilities and the appropriate codes
that would have been in effect at the time of the construction of such
facilities; provided further, that regardless of the codes in effect at the
time of construction, imminent safety hazards found in public school
facilities shall be identified and the provisions of this chapter relating to
such imminent safety hazards shall apply.
(2) If the administrator finds a violation of the Idaho uniform school
building safety code that he concludes does not constitute an imminent safety
hazard or serious safety hazard, he shall notify in writing the school
district superintendent, principal, board member, or other person in charge.
Such notification shall state, in bold print, that the citations for
violations or nonconformances constitute recommendations only.
(3) If the administrator finds a violation of the Idaho uniform school
building safety code that he concludes constitutes a serious safety hazard, he
shall immediately issue a written order or notice requiring the school
superintendent, principal, board of trustees or other person in charge to
eliminate the condition without delay and within the time specified by the
administrator in the notice or order, but not exceeding one (1) year.
(4) If the administrator finds a violation of the Idaho uniform school
building safety code that he concludes constitutes an imminent safety hazard,
he shall immediately notify the department of administration and request that
the department of administration designate a licensed professional to
independently evaluate the condition prior to issuing any report under this
chapter. The department of administration shall, within two (2) working days,
designate a licensed professional to independently evaluate the condition
identified. That licensed professional shall, within fourteen (14) days,
complete its independent evaluation of the condition identified by the
administrator and notify the director of the department of administration of
its conclusions. If the administrator determines that the condition
constituting an imminent safety hazard could reasonably be expected to cause
death or serious physical harm before the evaluation of the department of
administration can be completed and before the condition can be eliminated, he
shall determine the extent of the area where such condition exists and
thereupon shall issue a written order or notice requiring the school district
superintendent, principal, board of trustees or other person in charge to
cause all persons, except those necessary to eliminate the condition, to be
withdrawn from, and to be restrained from entering, such area pending the
evaluation of the department of administration. This order shall be withdrawn
if the evaluation of the department of administration does not concur with the
administrator that the condition constitutes an imminent safety hazard as
could reasonably be expected to cause death or serious physical harm before
the condition can be eliminated.
(5) If the department of administration agrees with the determination of
the administrator that a condition identified constitutes an imminent safety
hazard, the department of administration shall, within three (3) working days,
so notify the administrator in writing.
(6) Upon receipt of such notification in writing, the administrator shall
immediately serve, or cause to be served, written notice or order upon the
school district superintendent, principal, board of trustees or other person
in charge describing the imminent safety hazard. The administrator shall also
notify in writing the state superintendent of public instruction of such
imminent safety hazard. Upon receipt of such written notice or order, the
school district superintendent, principal, board of trustees, or other person
in charge shall require all changes necessary to eliminate the imminent safety
hazard be made, without delay and within the time specified by the
administrator in the notice or order. If the condition presenting an imminent
safety hazard is not corrected within the specified time, or if the
administrator determines that the condition constituting such imminent safety
hazard could reasonably be expected to cause death or serious physical harm
before the condition can be eliminated, if he has not previously done so he
shall determine the extent of the area where such condition exists and
thereupon shall issue an order or notice requiring the school district
superintendent, principal, board member, or other person in charge to cause
all persons, except those necessary to eliminate the condition, to be
withdrawn from, and to be restrained from entering, such area. The school
district superintendent, principal, board member, or other person in charge
shall assist the administrator as necessary to post such areas to prevent
injury.
(7) If the administrator finds a violation of the Idaho uniform school
building safety code that he concludes constitutes a serious safety hazard and
issues a written order or notice requiring the conditions to be eliminated in
not more than one (1) year, and the school superintendent, principal, board of
trustees, or other person in charge contests the administrator's finding that
the condition is a serious safety hazard, then the school superintendent,
principal, board of trustees, or other person in charge shall have fourteen
(14) days from the date of the issuance of the administrator's written order
or notice to request a hearing to initiate a contested case under chapter 52,
title 67, Idaho Code. If a hearing is requested, the superintendent of public
instruction shall appoint a hearing officer to consider the contested case.
All administrative proceedings under this subsection shall be expedited as
necessary to assure that serious safety hazards are eliminated as required by
this section if the administrator's initial determination that there was a
serious safety hazard is confirmed in the contested case proceedings.
(8) The administrator shall monitor the school district's progress in
addressing any identified imminent safety hazard or serious safety hazard to
ensure that appropriate corrective action was taken. The administrator may
extend the time for completing corrective action if he deems necessary.
(9) Upon completion of corrective action and verification of such
completion by the division of building safety and the department of
administration, the administrator shall provide a report to the state
superintendent of public instruction, the local superintendent of schools and
the chair of the local school board.
(10) Annual inspections of public school facilities conducted by the
administrator under the provisions of this section shall be funded pursuant to
legislative appropriation.

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