The International Building Code, 2018 edition, as adopted, is hereby amended as follows:
A. Chapter 1 "Scope and Administration" is amended as follows:
101.1 Title. All references to [name of jurisdiction] shall be construed to mean Power County.
101.4.1 Gas. Delete section. Regulated under the State of Idaho IC54-1001 and IC 54-2601.
101.4.2 Mechanical. Delete section. Regulated under the State of Idaho IC54-1001 and IC 54-2601.
101.4.3 Plumbing. Delete section. Regulated under the State of Idaho IC54-1001 and IC 54-2601.
101.4.4 Property maintenance. Delete section.
102.6 Existing Structures: Delete the paragraph and replace with the following:
The legal occupancy of any structure existing on the date of the adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or as deemed necessary by the building official for the general safety and welfare of the occupants or the public.
105.1.1 Annual permit. Electrical, gas, mechanical and plumbing. Delete entire section. Regulated under the State of Idaho IC54-1001 and IC 54-2601.
105.1.2 Annual permit record. Electrical, gas, mechanical and plumbing. Delete Section. Regulated under the State of Idaho IC54-1001 and IC 54-2601.
105.2 Work Exempt from Permit. Amend the "Building" exemptions to include Group R-3 swimming pools to forty eight (48) inches deep and not greater than five thousand (5000) gallons and flag poles. Delete Electrical, Gas, Mechanical and Plumbing paragraphs as follows:
Work Exempt from permit:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the roof line and walking surface does not exceed two hundred (200) square feet or twelve (12) feet in total height above adjacent grade.
2. Fences not over six (6) feet high.
3. Oil derricks
4. Retaining walls that are not over four (4) feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1).
6. Sidewalks and driveways not more than thirty (30) inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than four (4) feet deep, do not exceed five thousand (5,000) gallons and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment.
12. Window awnings supported by an exterior wall that do not project more than fifty four (54) inches from the exterior wall and does not require additional support of Groups R-3 and U occupancies.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine (5'9") inches in height.
14. Flag poles: Add flag poles as work exempt from permit. Section 105.2
15. Electrical: Delete electrical paragraph contained in section R105.2. Solely regulated under the State of Idaho IC 54-1001 and IC 54-2601.
16. Gas: Delete gas paragraph contained in section R105.2. Solely regulated under the State of Idaho IC 54-1001 and IC 54-2601.
17. Mechanical: Delete mechanical paragraph contained in section R105.2. Solely regulated under the State of Idaho IC 54-1001 and IC 54-2601.
18. Plumbing: Delete plumbing paragraph contained in section R105.2. Solely regulated under the State of Idaho IC 54-1001 and IC 54-2601.
105.2.2 Repairs: Delete entire section.
105.3.2 Time Limitation of Application: Delete paragraph and replace with the following:
Applications for which no permit is issued within ninety (90) days following the date of eligibility for permit issuance shall expire by limitation, and plans and other data submitted for review thereafter will be returned to the applicant. The building official may extend the time for action by the applicant for a period not exceeding ninety (90) calendar days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and may be charged additional fees.
105.5 Expiration. Add a second paragraph as follows:
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days, six (6) months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for not more than one hundred eighty (180) each. The extension shall be requested in writing and justifiable cause demonstrated.
If work has not been completed, the final inspection performed and the project approved for occupancy or use within three (3) years, thirty six (36) months from the date of such permit being issued, such permit shall expire by limitation and become null and void. Prior to work recommencing after the permit has expired, a new permit shall be obtained. The cost of the new permit if obtained within one (1) year of the original permit expiration shall be one half (1/2) the original cost for reinstatement of the permit.
109.4 Work Commencing Before Permit Issuance. Add a second paragraph as follows:
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.
Such fee shall be an investigative fee equal to the Power County permit fee for the work accomplished illegally, and shall be paid to Power County prior to the acceptance of a Power County building permit that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Power County permit for continued development of that project.
109.6 Refunds: Amend as follows:
Eighty (80) percent of the building permit fee shall be available for refund if no work has begun on the project. All requests for fee refunds must be made within thirty (30) days of payment of the fee in question in order to be eligible for a refund.
111.1 Use and occupancy: Add a second paragraph as follows:
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein.
Issuance of a certificate of occupancy shall not construe as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction.
The certificate of occupancy shall be posted in a conspicuous place and shall not be removed except by the code official.
111.1.1 Add a new subsection as follows:
Certificate of Completion: A Certificate of Completion may be issued in lieu of a Certificate of Occupancy when the scope of work of a permit does not change the occupant load, occupancy group or occupancy use classification of a tenant space structure or portion of a structure.
R112 Board of Appeals. Delete subsection 112.1, 112.2 and 112.3 and replace with new subsection 112.1 as follows:
112.1 Appeals of order, decisions or determinations made by the building official shall be heard by the Planning and Zoning Commission.
APPEALS OF THE BUILDING OFFICIAL DECISION:
A. The Planning and Zoning Commission shall serve as the decision making body for appeals of decisions made by the Building Official. The Building Official decisions may be appealed to the Planning and Zoning Commission by the applicant or any other aggrieved person within fourteen (14) days of the decision to be appealed. The notice shall be a written Notice of Appeal and filed with the Planning and Zoning office Building Administrator.
B. Not more than forty-five (45) days following the notice filing, the Planning and Zoning Commission shall meet to consider the appeal. The hearing shall not be a public hearing, but shall be open to the public. The hearing shall be an "on the record review." During the hearing, County staff shall be available to present the application and answer questions; however, comments will not be received from the audience. The Planning and Zoning Commission shall consider such findings, reports, comments, and recommendations as forwarded to them by the Building Administrator in rendering their decision. The Planning and Zoning Commission’s decision may be appealed to the Board of Power County Commissioners within fourteen (14) days of delivery of the decision to the applicant.
C. Not more than forty-five (45) days following the notice filing, the Board of Power County Commissioners shall meet to consider the appeal. The hearing shall not be a public hearing, but shall be open to the public. The hearing shall be an "on the record review". During the hearing, county staff shall be available to present the application and answer questions; however, comments will not be received from the audience. The Board of County Commissioners shall review the Planning and Zoning Board's findings and the appellant's arguments and reach a final decision to uphold, reverse, modify, or return the Planning and Zoning Board's decision for further findings.
D. The Building Administrator shall take immediate action in accordance with the decision of the governing body.
B. Chapter 2 "Definitions" section 202 is amended to include following definitions:
BOARD: Board of Power County Commissioners.
BUILDING INSPECTOR: An individual appointed by the Building Official to inspect buildings under construction, approve construction, and authorize occupancy.
BUILDING ADMINISTRATOR: An individual appointed by the Board, charged with the administration and enforcement of this ordinance.
C. Chapter 3 "Use and Classification" is amended as follows:
305.2.3 Delete section 305.2.3 and replace with the following:
Group E, day care facilities: Twelve (12) or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such daycare shall be classified as Group R-3 occupancy or shall comply with the International Residential Code.
308.6.4 Delete section 308.6.4 and replace with the following:
Group I-4, day care facilities: Persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving day care or having five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
310.5 Delete section 310.5 and replace with the following:
Residential Group R-3: Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, E or I, including:
i. Buildings that do not contain more than two (2) dwelling units.
ii. Boarding houses (non-transient) with sixteen (16) or fewer occupants.
iii. Boarding houses (transient) with ten (10) or fewer occupants.
iv. Care facilities that provide accommodations for five (5) or fewer persons receiving care.
v. Congregate living facilities (non-transient) with sixteen (16) or fewer occupants.
vi. Congregate living facilities (transient) with ten (10) or fewer occupants.
vii. Dwelling units providing day care for twelve (12) or fewer children.
310.5.1 Delete section 310.5.1 and replace with the following:
Care facilities within a dwelling: Care facilities for twelve (12) or fewer children receiving day care or five (5) or fewer persons receiving care that are within a single- family dwelling are permitted to comply with the International Residential Code.
D. Chapter 16 "Structural Design" amended as follows:
1608.1 Delete sentence and replace with the following:
ROOF LIVE LOADS (SNOW LOADS): All newly built or placed structures shall have roofs which can sustain live loads according to the elevation and location of construction in Power County.
1608.2 Ground Snow Loads. Delete paragraph and replace with the following:
In Power County, the minimum ground snow load shall be forty five (45) pounds per square foot. No reduction below that shall be permitted. (Idaho State Climate Services, University of Idaho Dept. of Agricultural Engineering, Moscow, Idaho 83844-2040. 208-885-7004 www.uidaho.edu/climate.)
1608.2 Delete table 1608.2 and replace with the following table:
All newly built or placed structures shall have roofs which can sustain live loads according to the elevation of its site*. The roof live snow load requirements in Power County are thirty-five (35) pounds per square foot live load but may be subject to larger loads based on elevation and location of structure:
TABLE 1608.2
SNOW LOAD REQUIREMENTS IN POWER COUNTY
Site Elevation (feet) | Roof Live Load (pounds) | Ground Snow Load (pounds) |
Site Elevation (feet) | Roof Live Load (pounds) | Ground Snow Load (pounds) |
Below 4600 feet | 30 | 45 |
4600 feet to 4999 feet | 40 | 50 |
5000 feet to 5399 feet | 50 | 63 |
5400 feet to 5799 feet | 60 | 75 |
5800 feet to 5999 feet | 70 | 88 |
6000 feet to 6399 feet | 80 | 100 |
6400 feet to 6799 feet | 90 | 113 |
6800 feet and above | 100 | 125 |
* For purposes of determining roof live loads, the County Building Official may consider qualified snow load studies as determined by a licensed professional engineer.
1609.1.1 Determination of Wind Loads: Add first sentence to the paragraph as follows:
In Power County a minimum wind speed of ninety (90) mph for a three (3) second gust shall be used. Wind loads on every building or structure shall be determined in accordance with Chapters 26 to 30 of ASCE 7 or provisions of the alternate all-heights method in Section 1609.6. The type of opening protection required, the ultimate design wind speed Vult, and the exposure category for a site is permitted to be determined in accordance with Section 1609 or ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered.
E. Chapter 29 "Plumbing Systems" amended as follows:
2902.1.1 Table Minimum Number of Required Plumbing Fixtures a-g (See section 2902.2 and 2902.3) footnotes a-g are amended as follows:
a. The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by this code.
b. Toilet facilities for employees shall be separate from facilities for inmates or patients.
c. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units and with provisions for privacy.
d. The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required.
e. The minimum number of required drinking fountains shall comply with Table 2902.1 and Chapter 11.
f. Drinking fountains are not required for an occupant load of 30 or fewer.
g. For business occupancies, excluding restaurants and mercantile occupancies with a load of 30 or fewer, service sinks shall not be required.
(Ord. 2017-03, 12-18-2017; amd. Ord. 2020-03, 9-14-2020)