Building code boxing match

By BRIAN WALKER

Staff Writer

COEUR d'ALENE — Maybe this is the hype just before a title fight.

As of Thursday, Kootenai County's Community Development Department had received 145 comments heading into Monday's public hearing on four options on the future of county building codes.

Due to expected large turnout, the hearing will be held at the Kroc Center's theater, 1765 W. Golf Course Road, Coeur d'Alene at 6 p.m.

The four options county commissioners will consider after the public hearing include:

- adoption of building codes with opt-out provisions allowed for residential and accessory structures on parcels of 5 acres or larger (proposed by Commissioner Bob Bingham);

- repeal of the building code ordinance, adoption of building location permit requirements and procedures and adoption of a voluntary building code permit program (proposed by Commissioner Marc Eberlein);

- adoption of the updated building codes (proposed by Commissioner Chris Fillios); and

- repeal of the building code ordinance.

Betsy Anderson, planning assistant at the county, said most of the comments so far support adoption of the building codes as what most government agencies do as a housekeeping matter.

"The vast majority of them are a form letter from Realtors requesting the board to maintain the building codes," Anderson said. "Sixteen comments either do not want any building codes or prefer the Eberlein option of opting in for permits and inspections."

The commissioners' decision will not impact the building permit processes within city limits.

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 should go in a different direction.

Architect Mark Latham is among those who support adoption of the updated codes.

"I do applaud the efforts of the commissioners to save taxpayer dollars, streamline processes and keep the county government an efficient engine, but I believe that doing away with the building codes in Kootenai County is not the answer," he said. "The answer is to somehow simplify, expedite and reduce cost — not to eliminate."

Latham said a "perfect storm" of high construction volume, escalating land, material and labor prices and a backlog at review agencies has led to the building code debate.

"Complaints have been frequent to county commissioners, and the answer for some was to do away with bureaucracy and eliminate the building (permit) process," he said. "The real answer is to look at the fundamental problems and come up with real concrete solutions."

Latham said doing away with building permit requirements for all or some of the residential projects could lead to greater confusion and complexity.

"Offering opt-outs and upgrades may not expedite and streamline the process," he said.

Latham said he believes the county's building process holds designers, builders and homeowners to basic safe standards. Buildings that are not permitted are more likely to underperform and not be safe.

Jim Hollingsworth wrote that we should be asking what can the county do to reduce retaliations. He suggested that eliminating building permits would be a great place to start.

"Some organization could inspect construction (like the banks do now when you have a loan) and certify it at the end of the project," he wrote. "That would keep the county out of the mixture, but still ensure a quality construction and leave others free to build without those considerations."

Eric Pedersen said he believes the code should be removed because it will encourage homeowners to build themselves.

"Building code is not for the protection of the people," he said. "lt is for the protection of the builders and everyone in related fields."

Tom Torgerson, president of the Coeur d'Alene Association of Realtors, said his group supports adopting the updated codes. The argument of abolishing code is a philosophical issue and not fact-based, he said.

"It is simply not possible to assume that construction would be safer, as has been inferred by Marc Eberlein, with no building code requirement," Torgerson said.

For more information, call 208-446-1600 or email kcbocc@kcgov.us. Full versions of each proposal are at www.kcgov.us.

What: County building code public hearing

Where: Kroc Center Theater, 1765 W. Golf Course Road

When: 6 p.m. Monday