(Rep. by Ord. 254, 11-3-1992)

   A.   The Board of County Commissioners hereby establishes the Building Board of Appeals, to hear and decide appeals of orders, decisions or determinations made by the Ada County building official.

   B.   Members of the Building Board of Appeals shall serve without salary or wage. (Ord. 869, 7-25-2017)

   A.   The Building Board of Appeals shall consist of five (5) members appointed by the Board of County Commissioners for a term of four (4) years.

   B.   The Board of County Commissioners shall appoint two (2) alternate members who shall be called upon by the Building Board of Appeals Chairperson to hear appeals during the absence of or disqualification of a member. Alternate members shall possess the qualifications required for Building Board of Appeals membership and shall be appointed for a term of four (4) years.

   C.   The qualifications of members shall be as follows:

      1.   Three (3) of the members shall be registered design professionals with civil engineering, structural engineering, mechanical engineering, geotechnical engineering or architectural experience; provided, however, that no more than two (2) members will be chosen from the same profession.

      2.   One member shall be a general contractor with at least ten (10) years' experience, five (5) of which shall have been in responsible charge of work.

      3.   One member of the Building Board of Appeals shall have one of the following qualifications: studying for a degree in construction management plus two (2) years practical construction experience; passed the Fundamentals of Engineering (FE) examination in civil or mechanical engineering plus two (2) years practical civil, structural, geotechnical, or mechanical engineering experience; or possess an Architectural Associate (AA) degree plus two (2) years practical architectural experience.

   D.   All subsequent vacancies will be filled by appointments for the remainder of the terms.

   E.   A member must reside in Ada County during the entire term.

   F.   Members shall relinquish all voting rights upon the expiration of their terms unless reappointed by the Board.

   G.   The building official shall be a nonvoting, ex officio member and act as Secretary of the Building Board of Appeals. (Ord. 869, 7-25-2017)

   A.   The membership of the Building Board of Appeals shall continue to be those members in office immediately preceding the enactment of this chapter. The terms of such members shall continue until their previously designated time. The enactment of this chapter shall have no effect on the business or membership of the Building Board of Appeals. (Ord. 869, 7-25-2017)

   A.   Members may be recommended for removal to the Board of County Commissioners by a majority vote of the Building Board of Appeals. Cause may include, but is not limited to:

      1.   Excessive conflicts of interest or continued conflicts of interest which interfere with the member's ability to perform his duties as interpreted by the Board of County Commissioners.

      2.   False or misrepresenting statements by a member at the time of application and appointment.

   B.   In the event that a member of the Building Board of Appeals does not attend three (3) consecutive meetings, that person must submit an explanation of the absences to both the Building Board of Appeals and the Board of County Commissioners. The Building Board of Appeals or the Board of County Commissioners, upon examination of the explanation, may require the immediate resignation of that member for a high or inexcusable absentee rate. (Ord. 869, 7-25-2017)

   A.   Application For Appeal: Appeals of an order, decision or determination made by the Ada County building official shall be filed with the Director of the Ada County Development Services Department within fifteen (15) days after the date of the order, decision or determination of the Ada County building official, or it shall not be accepted. An application and fees, shall be submitted to the Director on forms provided by the Ada County Development Services Department.

   B.   Hearings: Hearings before the Building Board of Appeals shall be public and shall be conducted in accordance with the requirements set forth in title 1, chapter 14 of this Code.

   C.   Findings: The Building Board of Appeals shall make findings of fact and conclusions of law in writing, stating the decision and the reasons for the decision. The Building Board of Appeals shall sign and render all decisions and findings in writing to the appropriate enforcement official and agency, the appellant, and the building official within fifteen (15) days of the hearing.

   D.   Rules Of Order: The Building Board of Appeals shall adopt rules of order that are consistent with the laws of the State of Idaho and this Code. The Building Board of Appeals shall file its rules with the Ada County Recorder and the Board of County Commissioners.

   E.   Minutes: The Building Board of Appeals shall keep minutes of its proceedings and keep a record of its examinations, findings, decisions and all other official actions.

   F.   Quorum: A simple majority of the voting members shall be necessary to constitute a quorum. The concurring vote of a majority of a quorum present shall be necessary in order to make a decision on any issue before the Building Board of Appeals. (Ord. 869, 7-25-2017)

This chapter shall be known and cited as the ADA COUNTY BUILDING CODE ORDINANCE. The purpose of this chapter is to provide minimum standards and requirements to safeguard life or limb, health, property and public welfare, by regulating and controlling, grading, quality and installation of materials, use, occupancy and maintenance of all buildings, manufactured homes and structures in the unincorporated areas of Ada County. (Ord. 396, 9-27-2000, eff. 10-16-2000)

This chapter does not apply to agricultural buildings as defined in section 8-1A-1 of this Code. Such agricultural buildings shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, packaged, sold, or a place used by the public. (Ord. 498, 3-25-2003)

   A.   The following codes, except as herein amended, are hereby adopted and incorporated by reference as if fully set forth herein, and shall apply in the unincorporated areas of Ada County. This chapter shall include rules and regulations governing all grading and building activity, including: erection, construction, enlargement, alterations, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures, and installation requirements for manufactured homes. It shall be unlawful to engage in any grading or building activity without complying with the rules and regulations as contained in this chapter and the codes adopted herein. The following codes and portions thereof are on file in the Office of the Clerk of the Board of County Commissioners, in accordance with Idaho Code, section 31-715:

   International Building Code, 2018 edition. Published by the International Code Council, Inc., and in addition the following appendices: appendix I Patio Covers and appendix J Grading.

   International Existing Building Code, 2018 edition. Published by the International Code Council, Inc.

   International Residential Code, 2018 edition. Published by the International Code Council, Inc., parts I, II, III, IV, V, VI and IX and the following appendices: appendix H Patio Covers.

   International Mechanical Code, 2018 edition. Published by the International Code Council, Inc., and in addition the following appendices: appendix A Combustion Air Openings and Chimney Connector Pass-Throughs.

   International Fuel Gas Code, 2018 edition. Published by the International Code Council, Inc. and the following appendices: appendix A Sizing and Capacities of Gas Piping; appendix B Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents; appendix C Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; and appendix D Recommended Procedure for Safety Inspection of an Existing Appliance Installation.

   International Energy Conservation Code, 2018 edition. Published by the International Code Council, Inc.

   International Wildland-Urban Interface Code, 2018 edition. Published by the International Code Council, Inc., and the following appendices: appendix A General Requirements, appendix B Vegetation Management Plan, and appendix C Fire Hazard Severity Form.

   International Swimming Pool and Spa Code, 2018 edition. Published by the International Code Council, Inc.

   B.   Whenever in this title reference is made to title 8 or any other title of this Code, such cross reference is for the coordination of this title with such other ordinances, but to any extent such other ordinances have not yet been adopted, such reference shall be ignored. (Ord. 498, 3-25-2003; amd. Ord. 560, 8-24-2004; amd. Ord. 592, 8-2-2005; amd. Ord. 678, 11-13-2007; amd. Ord. 725, 5-5-2009; amd. Ord. 781, 5-17-2011; amd. Ord. 817, 1-7-2014; amd. Ord. 836, 1-6-2015; amd. Ord. 879, 2-13-2018; amd. Ord. 919, 2-16-2021)

The International Building Code, 2018 edition, as adopted, is hereby amended as follows:

      The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, or the International Existing Building Code.

      The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

      Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any gas or mechanical system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

      An Ada County building division permit is issued to the owner of the property and remains tied to the specific property even as the ownership may change. The applicant for any Ada County building division permit is, by definition, a representative of the property owner and as such may not have individual control or ownership of that permit.

      Instead of an individual permit for each alteration to an already approved gas or mechanical installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

      1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 200 square feet (18.58 m2) or 12 feet (3658 mm) in total height above adjacent grade.

      2. Fences not over 6 feet (1829 mm) high.

      3. Oil derricks

      4. Retaining walls that are not over 4 feet (1219 mm) 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 IIIA liquids.

      5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.

      6. Sidewalks and driveways not more than 30 inches (762 mm) 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 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) 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 in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

      13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

      14. Buildings or structures used to facilitate construction projects. These buildings shall be removed from the property prior to the issuance of any Certificate of Occupancy.

      15. Painted and manufactured wall signs not exceeding thirty two (32) square feet and post or pole mounted signs not exceeding thirty two (32) square feet or exceeding six (6) feet above adjacent grade in height installed in accordance with manufacturers or design professionals instructions.

      Applications for which no permit is issued within 180 days following the date of eligibility for permit issuance shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 calendar days on 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 pay a new plan review fee.

      Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in one digital set with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

      The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service. Service less than thirty (30) days shall not require a permit. Service over thirty (30) days shall require a permit but shall not be permitted for more than 180 days. Permits for temporary structures shall bear fees identical to permanent structures. The building official is authorized to grant extensions for demonstrated cause.

      The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. The building permit valuation upon which the Ada County Building Permit fee is based shall be the project valuation as stated by the Ada County Building Permit applicant or the calculated value using the building division fees as adopted by the Board of Ada County Commissioners, whichever valuation is greatest.

      Such fee shall be an investigative fee equal to the Ada County permit fee for the work accomplished illegally, and shall be paid Ada County prior to the acceptance of an Ada County building permit application. This fee is an additional fee and shall not apply to any fee for any Ada 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 an Ada County permit for continued development of that project.

      Eighty percent (80%) of the plan review fee shall be available for refund if no plan review has begun. Eighty percent (80%) 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 to the building official in writing and must be made within thirty (30) days of payment of the fee in question in order to be eligible for a refund.

      Development within designated flood hazard areas shall be done in conformance with the Ada County Code, Title 8, Chapter 3, Article F. Specific flood hazard area inspection results and elevation documentation shall be provided to Ada County in conformance with the Ada County Code, Title 8, Chapter 3, Article F.

      The certificate of occupancy shall be posted in a conspicuous place and shall not be removed except by the building official.

      Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties as prescribed by law in Ada County Code, Title 7, Chapter 2.

      Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as prescribed by law in Ada County Code, Title 7, Chapter 2.

   PERMIT APPLICANT. The property owner or the individual that legally represents a property owner seeking permission from Ada County to construct a building or structure on a specific piece of property.

   MASS TIMBER. Structural elements of Type IV construction primarily of solid, built-up, panelized or engineered wood products that meet minimum cross-section dimensions of Type IV construction.

   NONCOMBUSTIBLE PROTECTION (FOR MASS TIMBER). Noncombustible material, in accordance with Section 703.8, designed to increase the fire-resistance rating and delay the combustion of mass timber.

   SECONDARY STRUCTURAL MEMBERS. The following structural members shall be considered secondary members and not part of the primary structural frame:

      1.   Structural members not having direct connections to the columns.

      2.   Members of the floor construction and roof construction not having direct connections to the columns.

      3.   Bracing members that are not designated as part of a primary structural frame or bearing wall.

   WALL, LOAD-BEARING. Any wall meeting either of the following classifications:

      1.   Any metal or wood stud wall that supports more than 100 pounds per linear foot (1459 N/m) of vertical load in addition to its own weight.

      2.   Any masonry, concrete or mass timber wall that supports more than 200 pounds per linear foot (2919 N/m) of vertical load in addition to its own weight.

   Delete section 308.3.2 and replace with the following:

      1. Buildings that do not contain more than two (2) dwelling units;

      2. Care facilities that provide accommodations for five (5) or fewer persons receiving personal care, custodial care or medical care;

      3. Congregate living facilities (nontransient) with sixteen (16) or fewer occupants, including boarding houses (nontransient), convents, dormitories, fraternities and sororities and monasteries;

      4. Congregate living facilities (transient) with ten (10) or fewer occupants including boarding houses (transient);

      5. Dwelling units providing day care for twelve (12) or fewer children; or

      6. Lodging houses (transient) with five (5) or fewer guest rooms and ten (10) or fewer occupants.

   TABLE 504.3

 

   TABLE 504.4

 

   TABLE 506.2

 

   509.4.1.1 Type IV-B and IV-C construction. Where Table 509 specifies a fire-resistance-rated separation, mass timber elements serving as fire barriers or horizontal assemblies in Type IV-B or IV-C construction shall be separated from the interior of the incidental use with an approved thermal barrier consisting of gypsum board that is not less than 1/2 inch (12.7 mm) in thickness or a material that is tested in accordance with and meets the acceptance criteria of both the Temperature Transmission Fire Test and the Integrity Fire Test of NFPA 275.

   TABLE 601

   FIRE-RESISTANCE RATING REQUIREMENTS FOR BUILDING ELEMENTS (HOURS)

 

      Cross-laminated timber shall be labeled as conforming to ANSI/APA PRG 320 as referenced in section 2303.1.4.

      Exterior load-bearing walls and nonload-bearing walls shall be mass timber construction or shall be of noncombustible construction.

      Exception: Exterior load-bearing walls and nonloadbearing walls of Type IV-HT Construction in accordance with Section 602.4.4.

      The interior building elements, including nonload-bearing walls and partitions, shall be of mass timber construction or of noncombustible construction.

      Exception: Interior building elements and nonload-bearing walls and partitions of Type IV-HT construction in accordance with Section 602.4.4.

      Combustible concealed spaces are not permitted except as otherwise indicated in Sections 602.4.1 through 602.4.4 Combustible stud spaces within light frame walls of Type IV-HT construction shall not be considered concealed spaces, but shall comply with Section 718.

      In buildings of Type IV-A, IV-B, and IV-C construction with an occupied floor located more than 75 feet (22 860 mm) above the lowest level of fire department access, up to and including 12 stories or 180 feet (54 864 mm) above grade plane, mass timber interior exit and elevator hoistway enclosures shall be protected in accordance with Section 602.4.1.2. In buildings greater than 12 stories or 180 feet (54 864 mm) above grade plane, interior exit and elevator hoistway enclosures shall be constructed of noncombustible materials.