Chapter 1

6-1-1: SHORT TITLE:linklink

This chapter shall be known as the VALLEY COUNTY BUILDING CODE. (Ord. 11-2, 4-11-2011)
6-1-2: SCOPE; EXEMPTIONS:linklink

A. Scope: The provisions of this chapter shall apply to all buildings and construction within the unincorporated areas of Valley County, except as otherwise herein provided.

B. Exemptions:

1. Cities: The provisions of this chapter shall not apply within the city of Cascade, the city of Donnelly, the city of McCall, and the impact area for the city of McCall.

2. Chemical Processing; Mineral Extraction: Structures used primarily for industrial chemical process purposes and for mineral extraction and mineral processing purposes shall be exempt from this chapter, except for erection and fabrication of new structures that provide space for human occupancy and equipment as required therein to condition the building for personal comfort and safety. (Ord. 11-2, 4-11-2011)

3. Temporary Facilities:

a. Temporary facilities, as defined in section 6-1-3 of this chapter, shall be exempt from this chapter. (Ord. 11-2, 4-11-2011; amd. 2011 Code)

b. Recreational vehicles, such as motor homes and travel trailers, that are parked on property on their wheels, not set on a foundation, and licensed for over the road travel, whether connected to utilities or not, and whether under a structure or not, are temporary facilities for purposes of this chapter.

4. Farm Outbuildings:

a. Farm outbuildings on a "farm" as defined herein shall be exempt from this chapter, except as provided in subsection 6-1-8A of this chapter. Buildings for the purpose of human habitation, which are located on said farm are not exempt from this chapter.

b. "Farm" shall mean a tract of land in excess of five (5) acres wholly or in part classed in any of the land use categories 1 through 7 for appraisal and taxing purposes by the Valley County assessor.

5. Address Numbers: Requirements of section 319.1, 2009 international residential code, requiring address numbers be four inches (4") in height shall be deleted and local ordinance 2-90, requiring address numbers be three and one-half inches (31/2") in height shall be enforced1. (Ord. 11-2, 4-11-2011)
6-1-3: DEFINITIONS:linklink

As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning:

BUILDING: A combination of materials, whether portable or fixed, which comprises a structure affording facilities or shelter for any use or occupancy, and shall include a part or parts thereof and all equipment therein normally a part of the structure.

BUILDING OFFICIAL: The person so designated by the board of county commissioners.

BUILDING SITE: Any lot, tract, parcel, or subdivision of land, either public or private, upon which a building is placed or is to be placed.

CLOSED CONSTRUCTION: Any building component, assembly or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction.

COMMERCIAL COACH: A factory assembled structure equipped with the necessary service connections and made so as to be readily movable, and a unit on its own running gear and originally designed to be used either as a dwelling unit or other use without a permanent foundation.

CONSTRUCTION: The erection, fabrication, reconstruction, demolition, alteration, conversion, repair of a building, or the installation of equipment therein normally a part of the structure.

ENGINEERING DESIGN: As used in section R301.1.3 of the 2009 international residential code, shall mean plans bearing the seal of a state of Idaho licensed architect or engineer and/or calculations or specifications which verify compliance with the international codes.

HUMAN HABITATION: A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, storage or utility space and similar areas are not considered space for human habitation.


MANUFACTURED HOME: See definition in Idaho Code section 39-4105. Snow loads for manufactured homes are one hundred twenty (120) to one hundred fifty (150) pounds per square foot live load depending on location of placement. If snow loading is not met by manufacturer, a ramada (snow roof cover) may be placed over the manufactured home to meet snow load requirements. A letter is required for snow maintenance in RV or trailer parks before a manufactured home is placed. This letter shall be provided before issuance of the permit.

MODULAR BUILDING: Any building or building component, other than a manufactured home, which is constructed according to standards contained in the international building code, as adopted, or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.

PERSON: A natural person, corporation, partnership, trust, society, club, association, or other organization.

ROOF STRUCTURES: A system that includes the roof, soffits, eaves, fasciae, and vents.

TELECOMMUNICATIONS FACILITIES: All wires, cables, equipment, apparatus or other installations necessary to furnish service, by which there is accomplished or may be accomplished, the sending or receiving of information, data, message writing signs, signals, pictures, and sounds of all kinds, by aid of such wires, cables, equipment, apparatus or other installations, but shall not include the habitable structure in which such telecommunications facilities are housed.

TEMPORARY FACILITY: A structure designed and constructed to service actual construction projects and which is completely removed upon completion of the project. This structure shall not be a place of employment or human habitation, and does not include those temporary structures used for the protection of the public around and in conjunction with construction work.

TINY HOUSE: A dwelling which is four hundred (400) or less square feet in floor area excluding lofts. (Ord. 11-2, 4-11-2011; amd. 2011 Code; Ord. 13-3, 6-24-2013; Ord. 18-01, 12-4-2017, eff. 1-1-2018)
6-1-4: CODE ADOPTION:linklink

A. Adoption: The approved editions of the following nationally recognized codes, and referenced statutes, as adopted by the State of Idaho and the Idaho Building Code Board, are hereby adopted:

1. International Building Code, 2015 edition, published by the International Code Council.

2. International Residential Code, parts I through IV and IX, including appendices G, J, and L, 2012; and, appendix Q - Tiny Houses, 2017 published by the International Code Council.

3. International Energy Conservation Code, 2015 with 2012 amendments for residential portion, a copyrighted work owned by the International Code Council, Inc. (Ord. 18-01, 12-4-2017, eff. 1-1-2018)

4. Idaho Code title 44, chapter 22 and section 44-2501 et seq., relating to manufactured homes.

5. Uniform Code for Abatement of Dangerous Buildings, 1997, published by the International Conference of Building Officials.

6. American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped, ANSI A117.1-1992 (R 1971), published by the American National Standards Institute.

7. University of Idaho publication "Ground and Roof Snow Loads for Idaho", 1986.

8. Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI A17.1-1996, and ANSI A17.1b-1973, published by the American National Standards Institute. (Ord. 11-2, 4-11-2011)

9. International Fire Code, 2015, published by the Building Officials and Code Administrators International, Inc., adopted by the Idaho Fire Marshal. (Ord. 18-01, 12-4-2017, eff. 1-1-2018)

10. "Technical Guidance Manual for Individual and Subsurface Sewage Disposal", published by the State of Idaho Department of Health and Welfare, dated May 6, 1993, only as it relates to the construction of privy buildings.

11. Idaho Code title 54, chapter 52, relating to contractors registration.

B. Successive Versions Adopted: The adopted versions of the foregoing codes shall be deemed superseded by successive versions of such codes as they are adopted or approved by the Idaho Building Code Board and the State of Idaho, effective on the date any such codes are made effective by the Idaho Building Code Board and the State of Idaho. (Ord. 11-2, 4-11-2011)
6-1-5: COPIES OF CODES ON FILE:linklink

Not less than one copy of each of the codes enumerated in section 6-1-4 of this chapter shall be available for use and examination by the public in the office of the building official. (Ord. 11-2, 4-11-2011)
6-1-6: CHAPTER AMENDMENTS:linklink

Amendments to this chapter shall be in accordance with Idaho Code section 39-4116. (Ord. 11-2, 4-11-2011)

Whenever the word "City" is referred to and used in the adopted codes, it shall be deemed to read "County", and whenever "Mayor" or "City Council" may be referred to, the same shall be deemed to read "Board of County Commissioners". (Ord. 11-2, 4-11-2011)

The following amendments shall be made to the 2015 International Building Code, the 2012 International Residential Code, and/or all other documents adopted herein: (Ord. 18-01, 12-4-2017, eff. 1-1-2018)

A. Fees:

1. There will be a charge for inspections outside of normal business hours of forty seven dollars ($47.00) per hour (minimum charge, 2 hours).

2. Reinspection fees for multiple visits (same inspection) shall be forty seven dollars ($47.00) per hour.

3. Inspections for which no fee is specifically indicated shall be forty seven dollars ($47.00) per hour.

4. Additional plan review required by changes, additions or revisions to plan would be an additional charge of forty seven dollars ($47.00) per hour.

5. For use of outside consultants for plan checking and inspections, or both, will be assessed at actual cost of service. Actual costs include administrative and overhead costs.

6. An application for a permit for construction of an agricultural structure shall be filed with a fixed fee of five dollars ($5.00) per structure, but no structural review or inspection of construction will be required. Permits shall be approved by planning and zoning in accordance with section 9-1-10, "Definitions", of this code.

7. An application for a permit for construction of an outbuilding and one-story detached accessory buildings used as a toolshed, storage building, or similar use that does not exceed six hundred (600) square feet in floor area, the rafter span is not wider than twenty feet (20'), and does not provide for human occupancy shall be filed with a fixed fee of five dollars ($5.00) per structure, but no structural review or inspection of construction will be required.

8. An application for a permit to locate an existing building regulated by the international residential code, including manufactured homes, and commercial coaches, on a new site within this jurisdiction shall be filed with a set fee of one hundred thirty five dollars ($135.00) per structure, and with two (2) copies of a site plan and foundation plan. Inspection of construction will be required, and foundation footings and walls shall be inspected. An additional fee shall be charged for a permanent perimeter foundation. Structural plans are required for modular buildings. (Ord. 13-5, 9-16-2013)

B. Plans And Specifications:

1. Footings: Bottom of footing shall extend to at least a depth of twenty four inches (24") below finished grade. Bedrock may be less and poor soils may require a deeper footing depth.

2. Concrete Footings: Concrete footings shall have at least two (2) reinforcing bars of one-half inch (1/2") diameter placed at not more than four feet (4') on center properly anchored (tied) in the footing and at least two (2) reinforcing bars of one-half inch (1/2") diameter placed continuously longitudinally at the center of the wall thickness, one within two (2) to six inches (6") of the top of the wall and one within two (2) to six inches (6") of the bottom of the wall. The bars may be deformed to avoid utility lines and vents. Walls in excess of four feet (4') high shall be reinforced in accordance with provisions of the IRC and IBC.

C. Snow Loads: Section 1607 of the international building code and international residential code shall be amended by adding the following:

The design snow load for Valley County shall be designated as one hundred twenty (120) to one hundred fifty (150) pounds per square foot depending on location of structure, including manufactured homes. For the Pistol Creek and Trails End areas, the designated snow load shall be sixty (60) pound per square foot live load. The basic design snow loads shall be determined by the procedure provided in the 1986 University Of Idaho snow load study publication "Ground And Roof Snow Loads For Idaho", and the Valley County snow load zone map. Manufactured homes snow loads are addressed in the definition of "manufactured home" in section 6-1-3 of this chapter. Seismic calculations shall be thirty five percent (35%) of the roof snow load.

Commercial, public use, assembly, and similar buildings or occupancies shall be designed for the "basic design snow load" and the plans shall bear the stamp of an Idaho licensed architect or engineer.

Single family dwellings, garages, utility, and similar buildings regulated by the IBC and IRC shall be designed for not less than the minimum normal design snow load.

Exceptions: The building official may require a different snow load in certain locations of Valley County known to experience heavier snowfalls.

D. Plan Review Fees: The plan review fee will be thirty five percent (35%) of the building permit fee. The fee will be waived for agricultural and general purpose utility structures, or as determined.

E. Privy Buildings: The building official may issue permits for privy buildings upon application when the proposed building and site meet the requirements of the Central district health department and Valley County planning and zoning commission. Construction shall be in accordance with "privy policy", prepared by Valley County and the "Technical Guidance Manual For Individual And Subsurface Sewage Disposal", as adopted in subsection 6-1-4A10 of this chapter. The minimum permit fee shall be sixty dollars ($60.00).

F. Building And Energy Code: Idaho amendments to the international building and energy codes, effective January 1, 2011; see appendix, section 6-1-18 of this chapter. (Ord. 11-2, 4-11-2011)

G. Materials For Roof Structures:

Class B or higher is required for all roofs requiring construction plan submittals. Exception: All wood shake shingles must be rated class A.

The entire roof covering of every existing structure where more than fifty percent (50%) of the total roof area is replaced within any one year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class B. Exception: Wood shake shingles must rate class A.

Eaves, soffits and fasciae should be protected by materials approved for a minimum of one hour fire resistance rated construction. Roof and attic vents should resist the intrusion of flame and embers into the attic. (Ord. 13-3, 6-24-2013)

A. Permit Required: It shall be unlawful for any person, firm, copartnership, association or corporation to do, or cause, or allow to be done, after the effective date hereof, whether acting as principal, agent or employee, any construction, improvement, extension, alteration or demolition of any building, residence or structure, coming under the purview of this chapter, in Valley County, without first procuring a permit authorizing such work to be done.

B. Evidence Of Approved Sewer System: Prior to issuance of a building permit for a building proposed to be used for human habitation, the building official shall require evidence of approval of the sanitary sewer system by the Central district health department or sewer district.

C. Compliance With Zoning And Site Development Regulations: No building permit shall be issued or authorized unless the work or project is in compliance with zoning and/or site development ordinances of the county, provided such zoning and/or site development is not in conflict with the codes herein enumerated.

D. Energizing Electrical And Other Utility Services; Gas Check:

1. It shall be unlawful for any person, firm or corporation to connect or energize any electrical installation or any other utility service to any building or structure coming under the provisions of this chapter unless the necessary permit covering such installation has been issued.

2. The building official will not approve a final inspection or issue a certificate of occupancy for any building containing a liquefied petroleum gas fixture or appliance without first receiving evidence that a gas check has been completed and approved by a qualified inspector. The gas check will include observation of a pressure test and an inspection of all gas piping, valves, controls, and appurtenances required by applicable codes for a safe, complete and workable installation. Qualified inspectors are those who are licensed plumbers with the state of Idaho or are certified installers by a certification program recognized in the industry and by the building official.

3. The gas check certification is the sole responsibility of the property owner or his agent including providing evidence of the approval to the building official.

E. Approach Permit:

1. An approach permit shall be required from the road department prior to the issuance of building permits for any structures on lots that have not previously had buildings constructed and require access onto a public right of way.

2. Driveways should not exceed eight percent (8%) grade and have a minimum of a fifty foot (50') plus/minus four percent (.4%) runout. If this is not achievable on lots platted prior to August 28, 2013, then the road superintendent will work with the applicant on a safe approach. If a safe approach cannot be constructed, the applicant may need to obtain an easement to a public or private road across other property. On lots platted after August 28, 2013, the developer shall assure that all lots can achieve this standard or apply for a variance as part of the conditional use permit/preliminary platting process.

F. Expiration, Suspension Or Revocation Of Permit:

1. Each permit issued under this chapter shall expire if the work or building authorized by the permit is not commenced within one hundred eighty (180) days from the permit date, or if the work or building authorized by the permit once commenced is thereafter suspended or abandoned for a period of three hundred sixty five (365) days. Suspended or abandoned work, for which the original permit has expired, shall be recommenced only after the issuance of a new permit therefor.

2. A building permit, issued by mistake, issued on the basis of incorrect information supplied, or issued in violation of any statute, regulation, or provision of this code may be suspended or revoked by written notice to the permittee.

3. The building official is authorized to grant, in writing, one or more extensions of time for periods of not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. (Ord. 13-5, 9-16-2013)

The Valley County board of commissioners shall establish a building department and employ a building official and such persons to administrate and implement the application and inspection functions required by the international building code, and the international residential code, along with local and state agencies. The building department shall collect the building permit fee and issue the building permits after approval of the complete application by the building official. (Ord. 11-2, 4-11-2011)
6-1-11: INSPECTION:linklink

A. Building Official/Inspector: It shall be the duty of the building department to inspect the construction of all buildings and structures covered by this chapter for compliance with the design plans and for conformity to the codes.

B. Notify Building Department; Times For Inspection: It shall be the duty of a permit holder to notify the building department that the building or site is ready for inspection. The type of inspection and the time shall be stipulated in the notification. The stipulated time shall be at least twenty four (24) hours from the time of notification. The building official/inspector will normally make the inspection prior to the time stipulated, but if no inspection is made within twenty four (24) hours after the stipulated time, work will be allowed to proceed for footing and foundation work only. If no inspection is made within forty eight (48) hours after the stipulated time, work will be allowed to proceed for frame inspections only. The time limitations herein are exclusive of Saturdays, Sundays, and holidays.

C. Waive Inspections: The building official may waive any inspection in writing. (Ord. 11-2, 4-11-2011)

Neither an approval nor a permit granted shall constitute permission or authority, or be interpreted as a waiver for violation of any statute, ordinance or regulation. Neither the county nor its officers or employees shall assume liability for structural or construction defects through the administration or enforcement of this chapter. (Ord. 11-2, 4-11-2011)
6-1-13: BOARD OF APPEALS:linklink

A. Board Established: The board of county commissioners establishes itself as the board of appeals. The purpose, conduct, and function of this board shall be as described in section 113 of the 2009 international building code. This board will not act upon matters pertaining to electrical, plumbing, and mechanical questions or any other matters reserved to the state, as provided by Idaho Code title 39, chapter 41.

B. Hearings Before Board: Hearings before this board of appeals shall be public and shall be conducted in a quasi-judicial manner operating within the same time limits imposed upon the state board of appeals as per Idaho Code sections 39-4107(3) and 39-4120, and employing the rules of evidence. Attorneys may represent petitioners, but are not required. All proceedings shall be recorded and said recordings shall be kept and made permanent.

C. Conflict Of Interest: If a member of the board should find that acting on a particular hearing before said board would result in a conflict of interest, such member must absent him/herself from said hearings. Said member must abstain from making any comments or statements or doing any other thing that would in any manner influence the other members of the board.

D. Findings: Findings by the board shall be explicit and shall state the ruling and the reasons for said decision by delineating the findings of fact and conclusions of law. Signed copies of the findings should be sent to all parties to the action. The board shall render all decisions and findings in writing to the appropriate enforcement official and agency, the appellant, and the state director of labor and industrial services within ten (10) working days of the close of the hearing. (Ord. 11-2, 4-11-2011)

E. Appeals From Board Decisions:

1. Appeals from the local board of appeals herein established shall be filed within ten (10) days after mailing of notice of a decision by the local appeals board. The appeal will be filed and heard as empowered by Idaho Code section 39-4120 (state board of appeals). Appeals shall be brought before the said state board of appeals by persons affected by any code, rule, regulation or decision pursuant to Idaho Code sections 39-4101 through 39-4129, provided such appeals shall be heard only after the appellant has received a decision from the local appeals board, if any, as provided for in Idaho Code section 39-4120. Final decisions by the state board of appeals, other than code interpretations, are reviewable upon appeal to the district court in the county wherein the person praying for the appeal is a resident, or in Valley County and shall be heard de novo, as provided by state law. (Ord. 11-2, 4-11-2011; amd. 2011 Code)

2. Appeals of board decisions shall be in such form and manner as provided by the Idaho rules of civil procedure. (Ord. 11-2, 4-11-2011)

The county building department may obtain from a district court having jurisdiction, a temporary injunction enjoining the construction of a building or installation of manufactured buildings on a building site upon affidavit of the department that such building does not conform to the building site or requirements of this chapter or to the rules and regulations adopted pursuant to this chapter or any other act of the state of Idaho relating to building construction. The affidavit must set forth such violations in detail. The injunction may be made permanent, in the discretion of the court. (Ord. 11-2, 4-11-2011)
6-1-15: VIOLATIONS; PENALTIES:linklink

A. Penalty Imposed: Any person who violates any provision of this chapter or who violates any provision of the codes enumerated herein is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than three hundred dollars ($300.00).

B. Each Building/Day Separate Offense: A separate violation is deemed to have occurred with respect to each building not in compliance with this chapter. Each day such violation continues is considered a separate offense.

C. Failure To Obtain Permit: Whenever the building official determines that work for which a permit is required has been commenced without first obtaining said permit, he shall, in addition to the procedures outlined in section 114 of the adopted international building code, notify the property owner in writing to inform him of the date of the inspection, the location of the work, the nature of the violation, the remedy for the violation, and the amount of the special investigation fee. The special investigation fee may be one hundred dollars ($100.00), or the amount of the building permit fee, whichever is greater. Failure to make application for the required building permit or failure to pay the special investigation fee within ten (10) days after receipt of said notice shall each constitute a violation of this chapter. (Ord. 11-2, 4-11-2011)
6-1-16: CIVIL ACTION:linklink

Notwithstanding any other remedies available, any person in an individual capacity, damaged as a result of a violation of this chapter, or the codes enumerated herein or promulgated pursuant to this chapter, has a cause of action in any court of competent jurisdiction against the person who committed the violation, and if such damaged person prevails, he shall be entitled to a reasonable attorney fee to be determined by the court, together with court cost. (Ord. 11-2, 4-11-2011)
6-1-17: SEVERABILITY:linklink

If any portion of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. (Ord. 11-2, 4-11-2011)

A. International Residential Code, 2009 Edition (IDAPA 07.03.01):

R109.1.3: Delete IRC section R109.1.3 and replace with the following:

Floodplain inspections. For construction in areas prone to flooding as established by table R301.2(1), upon placement of the lowest floor, including basement, the building official is authorized to require submission of documentation of the elevation of the lowest floor, including basement, required in section R322. (3-29-10)

R302.1: IRC table R302.1 Exterior Walls. Delete the figures contained in the last column of the table under the heading "Minimum Fire Separation Distance", and replace with the following:

Minimum Fire Separation Distance

Walls (fire-resistance rated): < 3 feet
Walls (not fire-resistance rated): . 3 feet
Projections (fire-resistance rated): < 3 feet
Projections (not fire-resistance rated): . 3 feet

R302.2: Delete the exception contained under IRC section R302.2, Townhouses, and replace with the following:

Exception: A common one-hour or two-hour fire-resistance rated wall assembly tested in accordance with ASTM E 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against the exterior walls and the underside of the roof sheathing. Penetrations of electrical outlet boxes shall be in accordance with section R302.4.

R313.1: Delete the exception contained under IRC section R313.1, Townhouse Automatic Fire Sprinkler Systems, and replace with the following:

Exception: Automatic residential fire sprinkler systems shall not be required in townhouses where a two-hour fire-resistance rated wall is installed between dwelling units or when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.

R313.2: Delete IRC section R313.2.

R322.1.10: Delete IRC section R322.1.10.

R322.2.2: Delete IRC section R322.2.2 paragraph 2.2, and replace with the following:

The total net area of all openings shall be at least one (1) square inch (645 mm2) for each square foot (0.093 m2) of enclosed area, or the opening shall be designed and the construction documents shall include a statement that the design and installation of the openings will provide for equalization of hydrostatic flood forces on exterior walls by allowing the automatic entry and exit of floodwaters. (3-29-10)

B. Exception; Automatic Fire Sprinkler Systems: All single-family homes and multiple-family dwellings up to two (2) units are exempted from the provisions of the international fire code, the international building code and the international residential code that require such dwellings to have automatic fire sprinkler systems installed. Nothing prevents any person from voluntarily installing an automatic fire sprinkler system in any residential dwelling. (Idaho Code § 39-4116(3))
(Ord. 11-2, 4-11-2011)

Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See subsection 5-4-8C of this code.
Footnote 2: This section effective January 1, 2011.