By BRIAN WALKER

Staff Writer

COEUR d'ALENE — Kootenai County's recent decision that made compliance with building codes voluntary has ignited swift and widespread reaction from industries tied to construction.

"It's an interesting situation that's been created," said Rand Wichman, a land-use planning consultant who represents developers and property owners. Wichman also is a former community development director for the county. "I think the county will likely find a long list of unintended consequences with this approach. That doesn't mean those can't be resolved or worked through. I just believe they'll have some challenges associated that they will not and can not anticipate."

Commissioners Marc Eberlein and Bob Bingham voted not to accept the most recent version of the International Building Code handed down by the state, while Commissioner Chris Fillios voted in favor of it.

Commissioners and community development staff will discuss building codes in a followup meeting on Monday at 1:30 p.m. It is open to the public.

Adoption of the code for residential and commercial construction every three years has been routine at most cities and counties with little to no discussion over the years, so the decision sent a ripple effect through associated industries and has caused head-scratching about how it will shake out.

The commissioners' decision, which applies to the unincorporated areas of the county and not within city limits, has sent the county in a new policy direction in which compliance with building codes will no longer be mandatory, but voluntary.

State-mandated electrical, plumbing, mechanical and septic inspections will still be in place despite the decision.

The Boise County model

County staff has been directed to move toward a building permit application similar to rural Boise County that requires builders or homeowners to select one of two options. The options include a "Basic" building permit in which there are no building inspections or a certificate of occupancy (CO); and an "Upgrades" permit that includes inspections and a CO.

Boise County does have building codes in place for commercial properties.

Eberlein, who supports the option format because it gives residents a choice, said not adopting the recent building codes cuts bureaucracy. He calls the codes a "protection racket for special interest groups."

Eberlein said he believes most people will choose the Upgraded permit if it's a home, but many may prefer the Basic permit if it's an outbuilding.

Charlie Rens, president of the North Idaho Building Contractors Association, said in a written statement to The Press that the decision by the commission is unnecessary. He said the organization supports keeping the code updated.

"The recent actions... put the safety and well-being of future homeowners at risk," Rens wrote.

Mandatory compliance with the codes certifies a structure is ready for occupancy, Rens wrote. A CO is dependent upon with the real estate lending and appraisal professions, he wrote.

"The lenders have requirements to meet in their lending process, and the CO is part of the pathway to loan approval," Rens wrote. "The appraiser looks to the CO as a benchmark of standards and compliance. This compliance helps maintain area real estate values, which serves the community in general. The CO can also be required by the insurance industry as a needed item in the decision of insuring a property."

NIBCA has strived to implement state licensure for contractors, but state law only requires contractors to be registered and provide business insurance.

"This is another reason why NIBCA strongly supports the current status of building codes, permitting and inspection," Rens wrote. "We stand not only for our membership and industry, but also for the citizens of our communities. Our area is growing and will continue to do so. We need to do it right."

Stein Berry, a loan officer with Mountain West Bank in Coeur d'Alene, said that at first glance of the decision, he doesn't envision homeowners having a more difficult time receiving home loans as a result of the commission's decision.

"As long as the construction conforms to whatever the city or county code states, then I don't think it will be an issue," he said. "We don't have a problem lending in Bonner County (where there are no building codes). It falls on the consumer to be aware that it's either their or the builder's responsibility."

A builder's perspective

Todd Stam, owner of Aspen Homes, said that as nice as it would be for builders to have the option of not waiting for the inspection process, he believes the voluntary compliance approach is playing with fire for the consumer.

"The quality-conscious builders are going to do it right regardless of who is watching, but I worry about the people who are going to take advantage of that and do shoddy work," he said. "I worry about the property value aspect. If there's a nice home built with no inspection, what will the ripple effect be with the banks and title companies?

"What we have seems to be working, and I'm not sure why we need to adjust that."

Wichman said whether the move toward voluntary compliance is better is a difficult question to answer.

"It goes back to the fundamental question of the proper role of government," he said. "How much government do you want in your life?"

Wichman said such codes exist due to horrific building-related tragedies, so making compliance mandatory is justified in that regard.

"But where do you draw that line?" he said. "Unfortunately, Idaho law doesn't let you pick and choose where to draw that line (with different types of structures). Either you're in or you're not."

Wichman said the case could be made to allow no code for outbuildings, but the law doesn't allow for that to occur.

Stam said he also sees how perhaps outbuildings could be treated differently than homes.

"If there's any looseness allowed at all, it would seem that could be outbuildings," he said. "If you're trying to half-it, but it collapses and ruins a tractor but doesn't take your family member, then maybe that's a different story."

Stam said he doesn't see building permits being a big expense — $2,500 for homes and $500 for an outbuilding — compared to the overall cost of the structure and surety that it's built to stand the "test of time."

Wichman also represents the city of Athol, which like Bonner County has not adopted building codes. He said such agencies are evidence that some jurisdictions have gone even beyond Kootenai County's new voluntary compliance approach.

"The sun rises every day in Athol just like everywhere else," he said. "But do we get some substandard building in Athol because it doesn't have a code? Oh, most certainly. That has not resulted in any injuries or deaths in recent years that I'm aware of, but the potential exists."

Wichman said because the city does not require building inspections, new businesses like Super 1 Foods will hire private inspectors to comply with the code.

Plenty of pros and cons

Wichman said he believes one of the driving forces behind the voluntary approach is the county's plan review process, which has become more extensive and time-intensive than it was a decade ago.

"Whether that is right or wrong, justified or not, that depends on who you talk to, but I've heard grumbling from clients of mine," he said. "Those who had a bad experience in the process would think that this is a move in the right direction."

Wichman said he thinks Kootenai County not updating the code will create more work for other agencies involved in the permitting process.

"For the other agencies that rely on the certificate of occupancy requirements, this could make it more challenging," he said. "For any agency that's serious about enforcing the rules, this makes their job more difficult."

Bill Steele, fire chief for the Timberlake Fire Protection District based in Athol, said his preference would be to keep the building code updated along with the fire code because they work hand in hand in the name of public safety.

"I am in favor of keeping up with the code changes whenever possible and having the county recognize the importance and life safety impacts," Steele said.

Unlike the building code, the fire code is adopted statewide and can't be modified or lifted at the county level.

Jeff Tyler, vice chairman of the North West Property Owners Alliance, wrote online that the voluntary compliance route supports individual property rights and slices regulation. Having government involved in building your home does not automatically mean peace of mind, he said.

Tom Torgerson, president of the Coeur d'Alene Association of Realtors, said his group supports updated codes and mandatory compliance.

"What they have done, as of Jan. 1, puts the county in an awkward, if not illegal, situation," he said.

"We're operating against the state, which states, if you follow the code, you have to follow the most current codes, which we wouldn't be doing. I'm not saying the codes are not onerous and at times ridiculous, but the ramifications of not having them are greater than having them."

Torgerson said several representatives from associated industries, including engineers, surveyors and architects, contacted him with concerns.

He said his group didn't see the recent decision coming and that comparing Kootenai County to rural Boise County isn't responsible. The Realtor group also opposed a similar voluntary compliance proposal at the state level during the last legislative session, he said. 

Representatives from an architect firm contacted declined to comment while another didn't return a message.

Future Kootenai County meetings will determine details such as when a new building permit process would start and specific language on the applications.

Wichman said with so many industries tied to construction, the commissioners’ decision has generated a lot of interest.

Wichman said while he's skeptical of the shift toward the voluntary approach, time will tell if the decision is a good move.

"Ultimately, history will be the judge," he said.