Opt-out's only option: Keep it or kick it County moves March 28 hearing to NIC

COEUR d'ALENE — Keep the opt-out option on Kootenai County building permits or eliminate it.

County commissioners on Thursday decided that will be the lone question they consider on the contentious topic during a March 28 public hearing at 6 p.m. at North Idaho College.

"Do we keep (the opt-out) option or not?" Commission Chairman Chris Fillios said, summarizing the question the three-member board will consider. "We're trying to keep it simple."

Commissioner Bill Brooks made the motion on that proposal, which was seconded by Fillios.

Leslie Duncan voted against the motion.

Duncan proposed allowing private building inspectors in the county's building permit process as an item to consider during the hearing, but Fillios said Community Development Director David Callahan already has that authority under the current building code.

"I don't believe it's something we need to put to the public," Fillios said. "He already has that authority.

"The whole subject is not about permits or inspections. It's about the code. The opt-out option applies to the code."

Callahan said the county has hired outside contractors to review plans, but there hasn't been a need to tap outside inspectors because that staff hasn't fallen behind.

The public hearing was originally slated for the Kroc Center, but is now being planned for North Idaho College's Schuler Performing Arts Center to allow for more seating.

A hearing on the same subject drew an overflow crowd at the 400-seat Kroc Center last year.

"We could exceed that this time around," Fillios said.

Callahan agrees.

"I fully expect a long hearing again," he said.

Callahan said he's interested in hearing suggestions from the public on what the county can do to improve its building permit process.

"I'd like to have dialogue before we come up with any new code amendment so that everyone involved is comfortable with the suggestions," he said.

Former commissioners Marc Eberlein and Bob Bingham last year supported adding the opt-out option on building codes, while Fillios opposed the move. With Brooks earlier voicing his opposition to the opt-out option, the momentum is to reinstate the building code as mandatory.

Opt-out proponents believe the option cuts bureaucracy, while opponents say it opens the door to substandard construction.

Property owners who apply to opt out still are required to meet state requirements for electrical, plumbing and mechanical permits. Panhandle Health District and fire district requirements still apply as well.

The opt-out program does not impact the building permit processes within city limits.

There will be a 30-day public comment period on the question of keeping or eliminating the opt-out option before the public hearing.

In an effort to streamline the public hearing, citizen or business groups can appoint a spokesperson to speak on their behalf at the hearing. The spokesperson will be allowed to speak for 10 minutes.

Individuals will be given two or three minutes to speak, depending on the size of the crowd. Fillios will have the discretion of allowing two or three minutes.

The board can choose to deliberate after the public hearing or postpone deliberations to another day.

- In other business, commissioners appointed Callahan to be the county's liaison to the U.S. Census Bureau for providing data for the 2020 Census.