AGO 1990-O-0006.

• Case Date: August 13, 1990
• Court: Idaho

Idaho Attorney General Opinions 1990. AGO 1990-O-0006. August 13, 1990OPINION NO. 1990-O-0006ATTORNEY GENERAL OPINION NO. 90-6TO: Gary H. Gould Director of the Department of Labor and Industrial Services 277 North 6th Boise, ID 83720 Per Request for Attorney General's Opinion QUESTION PRESENTED Does the City of Boise have the authority to require the State of Idaho to obtain building permits when building or remodeling state buildings within the city? Specifically, do the provisions of Idaho Code §§ 54-1001B (authorizing cities to assume primary responsibility for enforcement of the National Electrical Code within municipal limits) and 54-2620 (providing similar authority to cities to enforce the Uniform Plumbing Code) empower the city to require the state or its contractors to obtain electrical and plumbing permits? CONCLUSION The statutory authority over state building projects granted to the Idaho Department of Administration and the Idaho Department of Labor and Industrial Services fully occupies the field of planning and construction of state buildings and thus preempts all municipal authority over state buildings. Any other interpretation would conflict with the provisions of Idaho Code § 67-5711. Furthermore, the statutes relied upon by the City of Boise do not expressly indicate that the State of Idaho has ceded its sovereignty to municipalities in regard to state buildings. Without such a clear expression of legislative intent, the City of Boise cannot expand its authority to include inspection and enforcement of plumbing and electrical codes to state buildings. ANALYSIS 1. Municipal corporations have the general authority to enact building and safety codes and to enforce these codes on buildings within city limits. However, the state has pre-empted municipal authority over a state-owned building. The well-established rule in Idaho is that municipal corporations are creatures of the state and possess no inherent powers other than those powers expressly or impliedly granted. Caesar v. State, 101 Idaho 158, 610 P.2d 517 (1980); Sandpoint Water and Light Company v. City of Sandpoint, 31 Idaho 498, 173 P. 972 (1918); 6A McQuillin, Municipal Corporations § 24.35 (3rd ed.). All authority granted to a municipal corporation must be conferred either by the state constitution or by the legislature and the legislature has absolute power to change, modify or destroy those powers at its discretion. State v. Steunenberg, 5 Idaho 1, 45 P. 462 (1896). The extent of a municipal corporation's authority in relation to the State of Idaho's sovereign power was previously analyzed in Att'y Gen. Op. No. 76-3, and in Moore, "Powers and Authority in Idaho Cities: Home Rule or Legislative Control?" 14 Idaho Law Review 143 (1977). The authority for a municipal corporation to enact and enforce building and safety codes is derived from the police power granted to municipalities in the Idaho Constitution, art. 12, § 2. See Caesar v. State, supra; 7A McQuillin, Municipal Corporations § 24.505 (3rd Ed.). Given this authority, the issue is whether the state is subject to the legitimate exercise of a municipal corporation's...