BLAINE COUNTY ORDINANCE NO. 2024-03
AN ORDINANCE OF BLAINE COUNTY, IDAHO amending BLAINE COUNTY CODE, Title 7 Building Regulations, Chapter 1 Building Code, Section 2 Adoption of Codes, subsection (D) 2012 International Energy Conservation Code, residential provisions; and Title 7, Chapter 6 Buildsmart Amendments; by deleting 7-1-2,(D),2012 International Energy Conservation Code, residential provisions and adopting a new 7-1-2,(D), 2018 International Energy Conservation Code, residential provisions, as amended by the Idaho Building Code Board; and by repealing Title 7, Chapter 6 Buildsmart Amendments, in its entirety and reserving Title 7,Chapter 6 for future use; providing a severability clause and an effective date. These amendments are adopted pursuant to Idaho Code, Title 39, Chapter 41, Idaho Building Code Act.
RECITALS
Whereas, Blaine County, pursuant to Idaho Code §39-4116(2) and as a local government that issues building permits and performs building code enforcement activities, shall adopt the following code as published by the International Code Council and amended by the Idaho Building Code Board through the negotiated rulemaking process:
∙ 2018 International Energy Conservation Code, residential provisions
Whereas, the hearing for these amendments has been noticed consistent with the requirements of Idaho Code Section 31-715 (Board of County Commissioners) and Section 74-204 (Open Meetings).
Whereas, Pursuant to Idaho Code Section 31-714, the Board of County Commissioners may pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are necessary or proper to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein.
Whereas, on March 31st, 2023, House Bill 287 became effective. The purpose of HB287 is to remove the authority for local jurisdictions to amend the International Energy Conservation Code, and require jurisdictions to adopt the Energy Code as amended by the Idaho Building Code Board.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BLAINE COUNTY, IDAHO, AS FOLLOWS:
Section 1. That Blaine County Code, Title 7 Building Regulations, Chapter 1 Building Code, Section 2 Adoption of Codes, Subsection D 2012 International Energy Conservation Code, residential provisions, be amended with the addition of text as follows:
D: 2018 International Energy Conservation Code, residential provisions, as amended by the Idaho Building Code Board. 2012 International Energy Conservation Code (IECC), residential provisions as published by the International Code Council, including a specific reference to the ASHRAE/IESNA 90.1 and 90.2 standard (2013 edition) and Title 7, Chapter 6 of Blaine County Code.
Section 3. Severability Clause. The Board of County Commissioners intends that each separate provision of this Ordinance be deemed independent of all other provisions herein, and it is further the intention of said Board that if any of the provisions of this ordinance be declared to be invalid, then all other provisions thereof shall remain valid and enforceable.
Section 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication.
Regularly passed, approved and adopted by the Board of County Commissioners of Blaine County, Idaho, this ____ day of _____________, 2024.
BOARD OF COUNTY COMMISSIONERS OF BLAINE COUNTY, IDAHO
_________________________ Muffy Davis, Chairman
Angenie McCleary, Commissioner
Lindsay Mollineaux, Commissioner
ATTEST: _______________________
Stephen McDougall Graham, Clerk