A3 Commissioner Bob Bingham s Residential Opt-Out Building Permit Proposal "I would rather be exposed to the inconveniences of too much liberty, than those attending too small a degree of it" - Thomas Jefferson February 25, 2018 (This document is in preliminary draft form; it does not constitute legal advice and the information contained herein is subject to change based upon final adopted version.) 1
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Pardon the confusion. Between the 3 commissioners we are in respectful disagreement that the county has no building codes after January 1 st, 2018. This has caused some confusion with citizens and county staff has had inquires related to it. All our county codes and ordinances are still in effect. This is the combined opinion of: our Community Development Director, our county attorney, myself, and Commissioner Chris Fillios. We did release a public notice to counter the rumor that we no longer had building codes. We still have the entire building code permitting and enforcement system that we did before, we have not repealed them. However, we all agree that we have not adopted the most recent code versions as prescribed by the state. If someone with standing decided to take this to court, we could be compelled to adopt the latest versions. Under my opt-out proposal, we will adopt the latest code versions. 3
Regulation They just can t stop growing the building code regulations! Compare: The 1991 Uniform Building Code Book which contained the residential and commercial building codes all in one book, (the small blue binder, or binder removed just pages) is about ¼ of the size of the 2015 Residential and 2015 Commercial building code books (the two large books) 4
Consider that 100 years ago there were none of these codes and regulative requirements in KC. While I agree we need some basic rules, this has and will continue to get out of hand. Like rabbits government bureaucracy multiplies itself rapidly. Collectively this mountain of regulations represents tens of thousands of pages and related compliance costs. Sadly, some people feel you should not have the right or option to build your own home without government being there to help you do it the way they believe you should do it. 5
Building codes Have you ever had a bad experience with a building department? Do you fear going to the building department because it will put you on their radar? Have you ever done work on your property without a building permit? Would you like the option to build something without having to get a permit? Are you frustrated with the amount of time it takes to get a permit? Do you currently have a clouded title due to a building code violation? Do you own and pay taxes on an unbuildable lot because of some other outside agency restriction? Have you wondered why you need permission from the government to build your home the way you want? Yes? If you answered yes, to any of these questions you are not alone. Many property owners believe the government has gone to far in regulating itself into our personal lives and home. 6
Simplified Depiction of Our Current Process and Commissioner Bingham s Residential Opt-out Program * This option would only apply to property under county jurisdiction. (does not apply to cities) Local City and County Governments design, define and implement their own unique programs for permitting, inspection, and enforcement Site Disturb. Zoning Placement Law Local ordinance State law Process Application Plan review Issue Permit < construction > Inspections < completion > Sign off, if approved Kootenai County Community Development Planning Dept E N F O R C E M E N T + Residential Opt-Out Option Law Local ordinance State law Process Application Plan review (optional) Issue Permit < construction > < completion > Recorded Instrument Certificate of Completion Building Dept We create an opt-out side stream process for those who desire it. Demolition Commercial bldgs. Residential bldgs. Mobile homes Law Local ordinance Building codes State law Process Application Plan review Issue Permit < construction > Inspections < completion > Sign off, if approved Certificate of Occupancy 7 E N F O R C E M E N T
Opt-Out Residential Building Permit At its core, this is about less regulation into a property owners personal space and restoring a freedom to property owners who desire not to have the government inside their home. My Proposed Option Is completely legal under the law. (our attorney opinion) Allows property owners on 5-acres, or larger, property to opt out of having to get a building permit and get a siting permit instead. (5-acres is a starting point) Options if desired: 1) plan review, 2) certificate of completion, 3) outside agency approvals. Provides a path to get existing structures with a current violation, (work done w/o a permit) to get cleared away and the clouded title removed. Have you done work w/o a permit and afraid one day you ll get caught? This provides a way to make it good. Fraction of the cost of a full permit. Each structure will have a recorded instrument on the deed, identifying it as legally built but w/o a building permit. All existing codes and laws still enforced for commercial and those desiring to use the building permit system. I estimate about 10-15% of residential permits may opt-out. 8
Where are we at today? None of the commissioners will learn what the other has proposed until our proposals are published. I created my handouts prior getting my final draft back from legal. Neither have I seen Marc s proposal. Commissioner Fillios Preference is to keep things as they are. Commissioner Bingham codes remain in effect. Opt-out option for 5-acres and larger otherwise all Commissioner Eberlein Marc s position has evolved: Initially being the Boise County model (which we all agree has legal weakness) and now a hybrid of Boise and Bonner county using an all voluntary permit and enforcement system with codes adopted but used as reference only. Major Group Objectors Cda Chamber, Cda Realtors and NIBCA Major Group Supporters None known. Public Hearing - 6 pm, March 19 th at the Kroc Center 9
ICC develops construction and public safety codes through the governmental consensus process. This system of code development has provided the citizens of the U.S. the highest level of safety in the world for more than 80 years. About ICC The International Code Council is a member-focused association with over 64,000 members. It is dedicated to developing model codes and standards used in the design, build and compliance process to construct safe, sustainable, affordable and resilient structures. Most U.S. communities and many global markets choose the International Codes. It s a business and it lobbies that its products be mandated upon consumers https://www.iccsafe.org/about-icc/overview/about-international-code-council/ 10
Actual State Adopted Codes 11
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TITLE 39 HEALTH AND SAFETY CHAPTER 41 IDAHO BUILDING CODE ACT 39-4101. LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes and uniformity in procedures for enforcing building safety codes throughout the state are matters of statewide concern and interest, in that uniformity would enhance elimination of obsolete, restricting, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction. (2) It is the intent of the legislature to: (a) Promote the health, safety and welfare of the occupants or users of buildings and structures subject to this chapter; (b) Require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire safety, life safety and accessibility for those with disabilities; (c) Establish, for jurisdictions enforcing building codes pursuant to this chapter, minimum standards and requirements in terms of performance, energy efficiency, effect upon construction costs and consistency with nationally accepted standards; (d) Permit the use of modern technical methods, devices and improvements; and (e) Clarify and establish roles of the various jurisdictions subject to this chapter. (Emphasis added) 13
TITLE 39 HEALTH AND SAFETY CHAPTER 41 IDAHO BUILDING CODE ACT 39-4104. ENFORCEMENT OF LAW. The administrator of the division of building safety shall enforce the provisions of this chapter that apply to the state. Local governments that adopt building codes shall enforce all of the provisions of this chapter that govern application by local governments. 39-4105. DEFINITIONS... (5) "Division" means the state of Idaho division of building safety. (7) "Local government" means any city or county of this state. 39-4109. APPLICATION OF CODES. (1) The following codes are hereby adopted for the state of Idaho division of building safety and shall only be applied by local governments as prescribed by section 39-4116, Idaho Code:.. Lets look! 39-4111. PERMITS REQUIRED. (1) It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension or alteration of any building, residence or structure, coming under the purview of the division, in the state of Idaho without first procuring a permit from the division authorizing such work to be done. (2) It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension or alteration of any building, residence or structure in a local government jurisdiction enforcing building codes, without first procuring a permit in accordance with the applicable ordinance or ordinances of the local government. (3) Subject to building code requirements governing accessibility,.. (Emphasis added) 14
TITLE 39 HEALTH AND SAFETY CHAPTER 41 IDAHO BUILDING CODE ACT 39-4116. LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1) Local governments enforcing building codes shall do so only in compliance with the provisions of this section. Local governments that have not previously instituted and implemented a code enforcement program prior to the effective date of this act may elect to implement a building code enforcement program by passing an ordinance evidencing the intent to do so. Local governments may contract with a public or private entity to administer their building code enforcement program. (2) Local governments that issue building permits and perform building code enforcement activities shall, by ordinance effective January 1 of the year following the adoption by the Idaho building code board, adopt the following codes as published by the International Code Council together with any amendments or revisions set forth in section 39-4109, Idaho Code, including subsequent versions of the International Building Code as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this chapter: (a) International Building Code,. (b) Idaho residential code, parts I-IV and IX; and (c) Idaho energy conservation code. Local governments are not required by this chapter to adopt the other referenced codes in the International Building Code.. (5) Local governments shall exempt agricultural buildings from the requirements of the codes enumerated in this chapter and the rules promulgated by the board. A county may issue permits for farm buildings to assure compliance with road setbacks and utility easements, provided that the cost for such 15 permits shall not exceed the actual cost to the county of issuing the permits. (Emphasis added)
Distinctions in Idaho Building Code Ordinances these are unique regulations found in cities and counties. Permitting - the only thing Idaho Code gets involved with is that it mandates the county NOT require building permits for agricultural buildings. State law does not tell the local governments how to create or administer their permitting programs. But again, it takes an unusual step of injecting into whatever program we have set up that we must exempt at least agricultural buildings. We are free to exempt other things if we chose to, for instance, we exempt buildings less than 200 sf and some other items. Inspections Idaho code does not outline what the inspection program must be to either jurisdiction, division or local government, these are created by each entity. Enforcement - Idaho code does determine what the enforcement program must be for the division. It does outline a person wishing to appeal an action (39-4120) by the division: must be made within 20 days to the state board, and that the division may seek an injunction (39-4125) against the violator if the building is non-conforming, and that violations (39-4126) are misdemeanors, with a $300 fine, and up to 90 days in jail, and each day the building is out of compliance is a separate violation. Local ordinance enforcement provisions are left up to the county. 16
39-4109. APPLICATION OF CODES. (1) The following codes are hereby adopted for the state of Idaho Division of Building Safety and. Idaho State (a) The 2015 International Building Code (b) The 2012 International Residential Code (c) The 2015 International Energy Conservation Code (d) The 2015 International Existing Building Code Title 7 Chapter 1 Kootenai County Code ADOPTION OF CONSTRUCTION CODES: Kootenai County hereby adopts the following construction codes, standards and requirements, except as amended by the state of Idaho by statute or administrative rule and by this chapter. 2015 2015 2015 2015 Kootenai County A. The 2012 International Building Code B. The 2012 International Residential Code C. The 2012 International Energy Conservation Code D. The 2012 International Mechanical Code E. The 2012 International Fuel Gas Code F. The 2012 International Property Maintenance Code, including Apx A G. The 2015 International Existing Building Code H. The 2012 International Fire Code 17
Distinctions in Idaho Code. (continued) Codes the state adopted the 2015 IBC, the 2015 IECC and retains the 2012 IRC. These are the 3 required codes mandated by the state and then only if we issue permits and do enforcement. Kootenai County does issue building permits and enforcement for these 3 codes, other adopted codes and other ordinances. The State takes an unusual step of injecting itself into fire codes and prohibiting any jurisdiction from forcing the installation of residential sprinklers. The 5-acre minimum This is a starting place, after a period of time it could be revisited to be changed to a different value. Summary - While under the same law, each of these government entity types create and administer their own permitting, inspection, and enforcement programs. Across Idaho these programs are different. The division has separate codes they retain jurisdiction over. The state handles all plumbing, electrical, HVAC and state buildings; the county has everything else. It is clear in Idaho Code that the state does not dive into the weeds of what the county or city; permit / inspection / enforcement programs have to look like. This allows the county to have everything we have today, but also create the opt-out path. The recorded instrument declares the work as legal and takes care of buyer beware issues. 18
(This document is in preliminary draft form; it does not constitute legal advice and the information contained herein is subject to change based upon final adopted version.) 19