Idaho state building code regulations adopted.
A. Exemptions: Agricultural buildings as defined in this section are exempt from the building codes adopted herein, but shall remain subject to placement requirements established by zoning regulations.
B. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
AGRICULTURAL BUILDING: A structure that is designed and constructed for one or more of the following purposes:
1. Livestock shelters or buildings, including shade structures and milling barns;
2. Poultry buildings or shelters;
3. Barns;
4. Storage of equipment and machinery used exclusively in agriculture;
5. Horticultural structures, including detached production greenhouses and crop protection shelters;
6. Sheds;
7. Grain silos; or
8. Stables.
EQUIPMENT AND MACHINERY USED EXCLUSIVELY IN AGRICULTURE: Farm implements and other equipment and machinery that are used exclusively on land actively devoted to agriculture, and are not used on public highways except as necessary for access to land actively devoted to agriculture.
LAND ACTIVELY DEVOTED TO AGRICULTURE: Real property meeting the eligibility criteria for appraisal, assessment, and taxation as agricultural property, as set forth in Idaho Code section 63-604.
The above definitions shall supersede any definitions of these terms that are contained in the international building code.
C. Exemption From Building Code Requirements: A building that meets the definition of "agricultural building" contained in subsection B of this section shall be exempt from the requirements of the building codes enumerated in Idaho Code title 39, chapter 41, and the rules promulgated by the Idaho building code board, to the extent such exemption is provided in Idaho Code section 39-4116; provided, that both of the following criteria are met:
1. The building is used solely for one or more of the purposes listed in the definition of "agricultural building" contained in subsection B of this section; and
2. The property on which the building is sited has been determined by the Benewah County assessor to be land actively devoted to agriculture.
D. Requirements Applicable To Agricultural Buildings: Notwithstanding any other provision of this chapter, the following requirements shall apply to agricultural buildings:
1. An agricultural building shall not be:
a. Used as a place of human habitation; or
b. Used as a place of employment where agricultural products are processed, treated, or packaged; or
c. Open to use by the public.
2. All agricultural buildings shall conform to the minimum placement standards established pursuant to the Benewah County zoning ordinance.
3. The owner of an agricultural building shall obtain a site permit for the building from the county building department. (Ord. 2007-117, 12-17-2007, modified 1-28-2008, eff. retroactive to 1-1-2007)