By BRIAN WALKER

Staff Writer

COEUR d'ALENE — The Great Debate on Kootenai County building codes is far from being settled.

Three county commissioners have three different opinions on offering voluntary compliance with the codes.

"You can make an ideological argument (about cutting bureaucracy), but I come at it from practical standpoint," Commissioner Chris Fillios told fellow board members Marc Eberlein and Bob Bingham on Monday. "The question I have is, 'Why are we doing this?' I believe this opens us up to a lot of abuse (of shoddy construction)."

Fillios supports no change to the building permit process and keeping codes updated. Meanwhile, Eberlein and Bingham favor giving property owners the option of following the codes to obtain a certificate of occupancy (CO) or not having the inspections and a CO. But they have different ideas on how to get there.

When the floor was opened to public comment during the meeting attended by about 30 people, the comments were as varied as the colors of carpet.

After Community Development Director David Callahan pleaded for direction on how the commissioners would like his staff to proceed on their 2-1 decision nearly two weeks ago to not accept the most recent changes to the International Building Code — normally a routine housekeeping item for approval with most agencies every three years — the only decision made was to go behind closed doors for further discussion.

The board agreed to meet with county attorney Pat Braden and Callahan in an executive session sometime this week to consider any legal ramifications of changing the code, which includes the potential for lawsuits.

Both Braden and Callahan said after the meeting that no verbal threats or filings of a lawsuit have been made, but Braden said he wants the board to understand that the potential exists with the shift in policy toward voluntary compliance.

The board members said they’ve received differences of opinions from attorneys on whether a new building code policy will need to be in place by Jan. 1.

Commissioners' decision on the building code shift applies to the unincorporated areas of the county, not within city limits. State-mandated electrical, plumbing, mechanical and septic inspections will still be in place.

Eberlein supports moving 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 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.

Bingham has offered a new hybrid solution that gives the rural 5-acre and larger single-family residential property owner the option of foregoing the building permit system.

"We have several areas in the county where homes are packed in on smaller lots like city developments," Bingham said. "Denser development does come with more concerns and unincorporated highly developed areas like Twin Lakes, Bayview and waterfront can introduce a need for more compact development oversight."

Agriculture buildings and sheds up to 200 square feet can be built without a permit. The option Bingham is proposing would expand that to homes on 5 acres or larger.

While state law defines certain codes to be adopted, it does not define what the permit, enforcement and inspection systems look like. As such, the three areas differ from county to county and city to city.

"I’ve asked our Community Development Department staff and county attorney to review how we might modify our current permitting system to provide the option for a property owner to opt out," he said.

Some counties, including Bonner, have dropped building codes altogether.

The Coeur d'Alene Association of Realtors and North Idaho Building Contractors Association support the status quo on building codes and updating the most recent ones.

Tom Torgerson said comparing rural Boise County to rapidly growing Kootenai County is not a good idea.

"We need to decide what is best for our residents," he said.

Torgerson said that if Bingham doesn't support full code compliance, he should amend his proposal to a minimum of 6 acres.

“This would significantly reduce the number of exceptions, but still look to the spirit of his ideals," Torgerson said.

Torgerson said he appreciates Bingham's offer to have a recorded document state a home was constructed without following a regulated code enforcement regimen.

"This should at least limit some liability for future buyers, lenders and brokers should a seller fail to disclose this fact voluntarily," Torgerson said.

Resident Don Bradway said he's not opposed to building codes and understands why they are in place, but he sees the debate as a "liberty issue."

"We have building codes as a guideline, but when they become a hammer we've got a problem," he said. "It's one of the reasons I moved from the Occupied Zone — aka California — to this state. I like the choice of doing what I want with my property."

Athol's Deborah Rose said she's concerned that the shift toward voluntary compliance will lead to more people living out of small sheds off the grid with no plumbing.

"That's just not safe," she said.

Tim Kastning said he supports the Boise County model.

"People would still have the option of having a county inspection," he said. "If we accept the Boise County (code), the codes that we have don't go away."