The opt-out is in

COEUR d'ALENE — Rural residential property owners will soon be able to opt out of Kootenai County's building permit process.

County commissioners, on a 2-1 vote late Monday night, made the decision following nearly four hours of testimony during a public hearing attended by roughly 400 at the Kroc Center.

In a compromise decision, Commission Chairman Marc Eberlein said he'd support Bob Bingham's opt-out proposal if his provision for structures on parcels of 5 acres or larger be struck and the plan apply to all single-family residential and duplex lot sizes instead. Commissioner Chris Fillios cast the dissenting vote, arguing for the status quo building permit system.

Bingham on Tuesday said he was surprised that Eberlein came around to support a hybrid of his proposal.

"One of the things I've learned about politics is that everything is a compromise," Bingham said. "He was prepared to discuss the problems he had with my proposal."

Bingham said he believes the decision will be a win-win.

"I was hoping we could allow people the opportunity to build on their own (without a county building permit) in the least disruptive way to the system," he said.

Normally a housekeeping approval item for most agencies, each of the commissioners had different views of the future of the county's building codes. Eberlein's proposal was to repeal the building code ordinance and adopt a voluntary building code permit program.

Proponents of the opt-out system that was approved argue it's an opportunity to reduce government regulation. Opponents, including many Realtors and those in the construction industry, are concerned it will lead to cutting corners on building.

Eberlein said he was willing to make the shift toward Bingham's plan because it still allows residential property owners to have the freedom of choosing whether or not to go through the building permit process.

"They can use a private inspector instead," Eberlein said. "Property owners simply now have the choice of whether to opt out (of the county's process) or staying with the status quo."

Fillios said it was the most onerous decision the county commission has made that he's aware of.

"This will open the floodgates to tremendous (construction) abuse," he said. "There are violations all over the place (in some other counties) and the county commissioners are turning a blind eye. This is about extremism."

Fillios said most of the roughly 200 comments submitted were in support of the status quo process and he believes the decision doesn't take that into account, that it instead supports a vocal minority. However, change proponents said many of the comments for the status quo came in a form letter from Realtors.

Eberlein said he believes the status quo supported a "special interest protection racket."

The decision pertains to areas of the county only, not inside city limits. It also does not affect commercial and industrial buildings and apartment complexes.

In making the decision, commissioners also agreed to adopt the latest building codes that were approved by the state.

"All of the land-use codes remain in place, unless a property owner, not a contractor, opts out," Bingham said. "Site permits remain undisturbed."

The debate comes amid high construction volume, escalating land, material and labor prices, and a backlog at review agencies.

The change is expected to become effective in about two weeks when commissioners sign the ordinance change.