Stage set for building code debate

COEUR d’ALENE — In the options corner of the Kootenai County building code debate, there’s Marc Eberlein.

Over in the 5-acre-or-more, opt-out corner stands Bob Bingham.

And in yet in another corner, Chris Fillios questions whether any change needs to be made to the county’s building permit process whatsoever.

That makes three county commissioners with three different views of what the future should be with building codes — generally a routine housekeeping update for agencies every three years.

And, when you roll in a pending decision that will impact multiple industries in one of the fastest-growing counties in the country, you have the need to specially book an outside venue to handle the number of residents wanting to weigh in on the matter.

The county has tentatively booked March 19 at 6 p.m. at the Kroc Center in Coeur d’Alene for a full public hearing on Kootenai County building codes. The decision will not impact the building permit processes within city limits.

Commissioners will discuss their plans at an informational meeting this morning at 9 in their board room of the county’s Administration Building. No board deliberations or votes are anticipated.

The commissioners’ office released a bulletin on Wednesday about today’s meeting protocol due to the expected high interest.

“Public comment at (today’s) meeting will be restricted to 2 minutes per speaker related to the noticed topic (building code proposal updates) only,” the bulletin states. “Public testimony is not being accepted at this meeting regarding the general topic of building code adoption as it is imperative to preserve the opportunity for the public at large to have an equal opportunity to comment on this issue through the established hearing process.

“Comments submitted at this meeting are not considered part of the public hearing process.”

Once the draft proposals have been released and the public hearing has been formally noticed, details on how to submit comments for consideration at the formal hearing will be announced.

Due to space constraints of a meeting area at the Administration Building, a limited number of people will be able to sit in on today’s meeting, the bulletin states. That’s why the larger venue is being secured for the public hearing.

While commissioners voted 2-1 in December to refuse to accept the update of the International Building Code and the updated International Energy Conservation Code as adopted by the state, building codes have not been abolished. Fillios was the lone commissioner in favor of adopting the codes.

Idaho law requires that any municipality, including counties, that want to adopt and enforce building codes must use the same version of the codes adopted by the state. However, Eberlein and Bingham have proposed that the county goes in a different direction.

“Because no two commissioners agree on how to move forward with this, we are in the process of drafting two different ideas into ordinances that will be considered at the March 19 public hearing,” Community Development Director David Callahan said.

Eberlein is proposing that the county’s building permit process have two options. One would be a “basic” building site permit with no plan review, inspection or certificate of occupancy. The other would be an “upgrades” permit with county staff providing plan review, a building inspection and issuing a certificate of occupancy upon completion.

“Either option still requires compliance with any and all state-mandated requirements regarding fire code compliance and state permits for electrical, plumbing, water and sewer,” Eberlein said.

Bingham’s proposal would keep all of the current codes intact, including updating them to the state-adopted versions. Commercial and residential permits would be processed as normal for all those seeking to remain inside the building codes.

“The county would merely create an opt-out application for unincorporated rural properties 5 acres or larger similar to the mandated exemption from the building codes related to agricultural buildings,” Bingham said. “I estimate about 10 to 15 percent of rural folks might select the opt-out application.”

For the county to abolish the mandatory provision for residential building codes or change an aspect of its ordinance, a public hearing, followed by commissioner deliberations and a vote by the board, need to be held.

Should neither of the proposals be adopted, the board may consider adopting the codes adopted by the state in 2017.

At a meeting last month, citizen comments on the future of building codes were widespread. Some believe moves away from the codes could lead to shoddy construction or the ability to obtain loans. Others are concerned the shift toward voluntary compliance will lead to more people living off the grid with no plumbing. Others see it as an opportunity to limit government.