102. Authority. Idaho Code Title 39 Chapter 41 states the requirements for those localities adopting and enforcing building codes.

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1 Article 1 BUILDING CODES 101. Title. These regulations shall be known and cited as the Clearwater County Building Code Ordinance, hereafter Building Code Ordinance, and herein referred to as this Ordinance Authority. Idaho Code Title 39 Chapter 41 states the requirements for those localities adopting and enforcing building codes Filing of Code. That the codes adopted in Section 104 of this ordinance shall be designated as the Clearwater County Building Codes, one copy of this Code shall be recorded in the office of the Clerk of the Board of County Commissioners of Clearwater County, and all codes are available for inspection at the Clearwater County Building and Planning Department Code Adoption. That the editions of the following recognized codes as currently adopted and amended by the state of Idaho or the Idaho Building Code Board as the official building codes of the County of Clearwater, except as provided in Section 105 of this ordinance: 1. The adopted versions of the following codes shall be effective January 1, The following codes shall be deemed superseded by successive versions of such codes as they are adopted or approved by the state of Idaho effective on the 1 st day of January the year following the date any such codes are made effective for the state, unless a different date is required by state statute. a. The 2012 International Building Code, including all rules promulgated by the Idaho Building Code Board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the federal fair housing act accessibility guidelines; i. Local governments are not required by I.C. to adopt the other referenced codes in the International Building Code. b. The 2012 International Existing Building Code. c. The 2012 International Residential Code, Part I-Administration, Part II-Definitions, Part III-Building Planning and Construction, Part IV-Energy Conservation, and Part IX-Referenced Standards. d. The 2012 International Energy Conservation Code. 2. Where any provisions of the codes that are adopted in this section make reference to other construction and safety-related model codes or standards which have not been adopted by the involved authority having jurisdiction, to the extent possible, such reference should be construed as pertaining to the equivalent code or standard that has been duly adopted by such jurisdiction Insertions and Amendments to Adopted Codes. (NOTE: Amendments to the codes must establish at least an equivalent level of protection to that of the adopted building code. ) Insertions 1-1

2 and Amendments to adopted codes: That the following insertions or amendments shall be applicable to the adopted building codes: 1. To the 2012 International Building Code: a. Section Title. insert Clearwater County as name of jurisdiction. b. Section Work exempt from permit. under Building shall be amended to add: 14. Agricultural buildings not located in a designated special flood hazard area are exempt from a building permit but shall obtain a zoning permit to assure compliance with setbacks, road setbacks, and utility easements. c. Section 202 DEFINITIONS. the definition of AGRICULTURE BUILDING shall be amended to add: Classification as an agricultural building shall require that the structure be exclusively used for storage of farm equipment, crops, or animals that are part of a bona fide revenue-producing agricultural enterprise. Such classification shall require that the structure be built on a parcel designated as category 3 and 5 by the Clearwater County Assessor, or verification of registration of the building owner as a farm owner or operator with a farm services agency, or documentation of reported farm income on appropriate federal income tax forms. A Location Permit, including a statement of use, shall be secured prior to construction of building-permit-exempt agricultural buildings. d. Section Five or fewer children in a dwelling unit. shall be amended to: Section Twelve 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 day care shall be classified as a Group 3 occupancy or shall comply with the International Residential Code. e. Section Five or fewer persons receiving care in a dwelling unit. shall be amended to: Section 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) of fewer persons receiving custodial care shall be classified as a Group 3 occupancy or shall comply with the International Residential Code. f. Section Residential Code 3. shall be amended to: Residential occupancies where the occupants are primarily permanent in nature and not classified as Group 1, 2, 4, E or I, including: Buildings that do not contain more than two dwelling units; Boarding houses (nontransient) with 16 or fewer occupants; Boarding houses (transient) with 10 or fewer occupants; Care facilities that provide accommodations for five or fewer persons receiving care; Congregate living facilities (nontransient) with 16 or fewer occupants; Congregate living facilities (transient) with 10 or fewer occupants; or Dwelling units providing day care for twelve (12) or fewer children. 1-2

3 g. Section Care facilities within a dwelling. shall be amended to: 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. h. Section Establishment of flood hazard. insert Clearwater County as name of jurisdiction and insert November 1979 as date of issuance. i. Section 2902 Minimum Plumbing Facilities. amend Table footnote (f) to: Drinking fountains are not required for an occupant load of thirty (30) or fewer. j. Section 2902 Minimum Plumbing Facilities. amend Table footnote (g) to: For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required. k. Section Applicability. insert December 11, 1978, as date to be inserted by the jurisdiction. (Note: This is the date that the county first adopted building codes-ordinance #12 adopting the 1976 edition of the Uniform Building Codes). 2. To the 2012 International Residential Code: a. Section R101.1 Title. insert Clearwater County as the name of the jurisdiction. b. Section R101.2 Scope. delete Exception 1.: Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section of the International Building Code when constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Section of the International Building Code. c. Section R101.2 Scope. Exception 2. shall be amended to: 2. Owner-occupied lodging houses with five (5) or fewer guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings. d. Section R105.2 Work exempt from permit. under Building 2. shall be amended to: 2. Fences not over six (6) feet (one thousand, eight hundred twenty-nine (1,829) mm) high may be exempted from the requirement for a building permit in the absence of any other applicable land use regulations governing the installation, height, type or other aspect. e. Section R105.2 Work exempt from permit. under Building 7. shall be amended to: 7. Prefabricated swimming pools that are not greater than four (4) feet (one thousand, two hundred nineteen (1219) mm) deep. f. Section R105.2 Work exempt from permit. under Building shall be amended to add: 1-3

4 11. Flag Poles. 12. Agricultural buildings not located in a designated special flood hazard area are exempt from a building permit but shall obtain a zoning permit to assure compliance with setbacks, road setbacks, and utility easements g. Section R105.3 Application for permit. shall be amended to add: 8. No building permit shall be issued for the construction of any structure or manufactured/mobile home that will be producing wastewater in Clearwater County unless first an approved permit for an onsite wastewater disposal system has been issued by Public Health-Idaho North Central District, and such permit number is recorded on the building permit application. 1. If sewer is provided by a water and/or sewer entity, proof of such available service being approved with the name of the entity, name of person/authority that approved the service, and the date of approval shall be recorded on the building permit application. h. Section R Floodplain inspections. shall be amended to: 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. i. Section R202 DEFINITIONS. the following definition shall be added: AGRICULTURE BUILDING. Classification as an agricultural building shall require that the structure be exclusively used for storage of farm equipment, crops, or animals that are part of a bona fide revenue-producing agricultural enterprise. Such classification shall require that the structure be built on a parcel designated as category 3 and 5 by the Clearwater County Assessor, or verification of registration of the building owner as a farm owner or operator with a farm services agency, or documentation of reported farm income on appropriate federal income tax forms. A Location Permit, including a statement of use, shall be secured prior to construction of building-permit-exempt agricultural buildings. j. Table R301.2(1) Climatic and Geographic Design Criteria. insert the following information: GROUND SNOW LOAD See Section Speed d (mph) WIND DESIGN Topographic Effects k SEISMIC DESIGN CATEGORY f 90 Yes B Severe SUBJECT TO DAMAGE FROM Frost line Weathering a depth b Termite c 32 Slight to inches+ Moderate 106* *Of the Clearwater County Ordinance Building Code Ordinance +32 inches is the standard-site specific variation based on location & elevation 1-4

5 WINTER DESIGN TEMP e ICE BARRIER UNDERLAYMENT REQUIRED h 6 Yes FLOOD HAZARDS g January 21, 1980 November 1979 # May 15, 1980 AIR FREEZING INDEX i MEAN ANNUAL TEMP j k. Table R302.1 Exterior Walls. delete the figures contained in the last column of the table under the heading Minimum Fire Separation Distance for the Walls and Projections elements, and replace with the following: Minimum Fire Separation Distance Walls (fire-resistance rated): < (less than) Three (3) Feet Walls (not fire-resistance rated): > (greater than or equal to) Three (3) Feet Projections (fire-resistance rated): < (less than) Three (3) Feet Projections (not fire-resistance rated): > (greater than or equal to) Three (3) Feet l. Section R302.2 Townhouses. Exception shall be amended to: A common onehour 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 R m. Section R Mechanical ventilation. delete: Where the air infiltration rate of a dwelling unit is less than 5 air changes per hour when tested with a blower door at a pressure of 0.2 inch w.c (50 Pa) in accordance with Section N , the dwelling unit shall be provided with whole-house mechanical ventilation in accordance with Section M n. Section R313.1 Townhouse automatic fire sprinkler systems. Exception shall be amended to: 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. o. Section R313.2 One- and two-family dwelling automatic fire systems. delete entire section: An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. R Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13D. p. Section R315.3 Where required in existing dwellings. Exceptions 1 & 2 shall be added: 1-5

6 Exceptions: 1. Work involving the exterior surfaces of dwellings, such as, but not limited to, replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits, are exempt from the requirements of this section; and 2. Installation, alteration or repairs of noncombustion plumbing or mechanical systems are exempt from the requirements of this section. q. Section R As-built elevation documentation. delete: A registered design professional shall prepare and seal documentation of the elevations specified in Section R322.2 or R r. Section R Enclosed area below design flood elevation. subparagraph 2.2. shall be amended to: 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. s. Section R Identification. shall be amended to add: R In lieu of compliance with section R , dimension lumber which is neither identified by a grade mark nor issued a certificate of inspection by a lumber grading or inspection agency may be used for load bearing purposes only when the producing mill shall certify in writing to the consumer or contract builder on a form to be provided by the Clearwater County Building Official that the quality and safe working stresses of such lumber are equal to or exceed No. 2 grade of the species (2&BTR) in accordance with the conditions set forth in American Softwood Lumber Standard (PS 20-99, et al) published by the United States Department of Commerce. Such certification shall be filed as part of the Building Permit application. t. Section R501.3 Fire protection of floors. delete: Floor assemblies, not required elsewhere in this code to be fire-resistance rated, shall be provided with a 1/2-inch (12.7 mm) gypsum wallboard membrane, 5/8-inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member. Exceptions: 1. Floor assemblies located directly over a space protected by an automatic sprinkler system in accordance with Section P2904, NFPA13D, or other approved equivalent sprinkler system. 2. Floor assemblies located directly over a crawl space not intended for storage or fuel-fired appliances. 3. Portions of floor assemblies can be unprotected when complying with the following: 1-6

7 3.1. The aggregate area of the unprotected portions shall not exceed 80 square feet per story Fire blocking in accordance with Section R shall be installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder of the floor assembly. 4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance. u. Section R502.1 Identification. shall be amended to add: See also R v. Section R602.1 Identification. shall be amended to add: See also R w. Section R Wall bracing. shall be amended to: Buildings shall be braced in accordance with this section or, when applicable, Section R602.12, or the most current edition of APA System Report S102 as an alternate method. Where a building, or portion thereof, does not comply with one or more of the bracing requirements in this section, those portions shall be designed and constructed in accordance with Section R x. Section R802.1 Identification. shall be amended to add: See also R y. Section N Fireplaces. shall be amended to: New wood-burning fireplaces shall have tight-fitting flue dampers and outdoor combustion air. z. Chapter 11 [RE] Energy Efficiency-The following sections and tables of chapter 11 shall be amended in accordance with the requirements contained below in Subsection 3 of these rules which correspond to the appropriate section: i. Table N (Table R )-Insulation and Fenestration Requirements; ii. Table N (Table R )-Equivalent U-Factors; iii. Table N (Table R )-Steel-Frame Ceiling, Wall and Floor Insulation (Value); iv. Section N (R )-Building Thermal Envelope; v. Section N (R )-Insulation; vi. Table N (Table R )-Air Barrier and Insulation Installations; vii. Section N (R )-Testing Option; viii. Add Section N (R )-Visual Inspection Option; 1-7

8 ix. Add Section N (R402.6)-Residential Log Home Thermal Envelope; x. Add Table N (Table R402.6)-Log Home Prescriptive Thermal Envelope Requirements by Component; and xi. Add Section N (R404.1)-Lighting Equipment. 3. To the 2012 International Energy Conservation Code: a. Sections C101.1 and R Title. insert Clearwater County as name of jurisdiction. b. Sections C108.4 and R Failure to comply. Insert zero dollars ($0.00) for not less than and three hundred dollars ($300.00) for not more than. c. Table R (Table N ) Insulation and Fenestration Requirements by Component. delete the values contained in Table R (N ) for climate zone 5 and Marine 4 and climate zone 6 and replace with the following: CLIMATE ZONE 5 and Marine 4 FENESTRATION U- FACTOR SKYLIGHT U- FACTOR GLAZED FENESTRATION SHGC CEILING R NR NR 49 WOOD FRAME 20 or 13+5 h 20 or 13+5 h MASS FLOOR BASEMENT SLAB & DEPTH CRAWL SPACE 13/17 30 g 10/13 10, 2 ft 10/13 15/19 30 g 15/19 10, 4 ft 10/13 CLIMATE ZONE d. Table R Insulation and Fenestration Requirements by Component. shall be amended to add footnote k.: k. For residential log home building thermal envelope construction requirements see section e. Table R (Table N ) Insulation and Fenestration Requirements by Component. delete the values contained in Table R (Table N ) for climate zoned 5 and Marine 4 and climate zone 6 and replace with the following: FENESTRATION U-FACTOR SKYLIGHT U- FACTOR CEILING WOOD FRAME MASS FLOOR BASEMENT CRAWL SPACE 5 and Marine

9 f. Table R (Table N ) Steel-Frame Ceiling, Wall and Floor Insulation (Value). delete Table R (Table N ) and replace with the following: TABLE R STEEL-FRAME CEILING, AND FLOOR INSULATION () WOOD FRAME REQUIREMENT COLD-FORMED STEEL EQUIVALENT a Steel Truss Ceiling b or or or Steel Joist Ceilings b in 2 x 4 or 2 x 6 or 2 x 8 49 in any framing in 2 x 4 or 2 x 6 or 2 x 8 or 2 x 10 Steel-Framed Wall or or or or or or or Steel Joist Floor in 2 x in 2 x 8 or 2 x in 2 x in 2 x 8 or 2 x 10 a. Cavity insulation value is listed first, followed by continuous insulation value. b. Insulation exceeding the height of the framing shall cover the framing. g. Section R (N ) Building thermal envelope. shall be amended to: The building thermal envelope shall comply with sections R and either section R or R The sealing methods between dissimilar materials shall allow for differential expansions and contraction. h. Section R (N ) Installation. shall be amended to: The components of the building thermal envelope as listed in Table R shall be installed in accordance with the manufacturer s instructions and the criteria listed in Table R , as applicable to the method of construction. i. Table R (Table N ) Air Barrier and Insulation Installation. delete criteria requirement for the Fireplace component of Table R (Table N ) and replace with the following: Fireplace An air barrier shall be installed on fireplace walls. j. Section R Testing. shall be amended to: Testing option. Building envelope tightness and insulation installation shall be considered acceptable when tested air leakage is less than seven (7) air changes per hour (ACH) when tested 1-9

10 with a blower door at a pressure of 33.5 psf (50 Pa.) Testing shall occur after rough in and after installation of penetrations of the building envelope, including penetrations for utilities, plumbing, electrical, ventilation and combustion appliances. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed; 2. Dampers shall be closed, but not sealed, including exhaust, intake, makeup air, backdraft and flue dampers; 3. Interior doors shall be open; 4. Exterior openings for continuous ventilation systems and heat recovery ventilators shall be closed and sealed; 5. Heating and cooling system(s) shall be turned off; 6. HVAC ducts shall not be sealed; and 6. Supply and return registers shall not be sealed. k. Section R Building thermal envelope shall be amended to add Section R (N ) Visual inspection option as follows: R Visual inspection option. Building envelope tightness and insulation installation shall be considered acceptable when the items listed in Table R , applicable to the method of construction, are field verified. Where required by code official an approved party independent from the installer of the insulation shall inspect the air barrier and insulation. l. Section R402 Building Thermal Envelope. shall be amended to add Section R402.6 (N1102.6) Residential log home thermal envelope as follows: R402.6 Residential log home thermal envelope. Residential log home construction shall comply with sections R401 (General), R402.4 (Air Leakage), R402.5 (Maximum Fenestration U-Factor and SHGC), R403.1 (Controls), R (Sealing), R (Building Cavities), sections R403.3 through R403.9 (referred to as the mandatory provisions), section R404 (Electrical Power and Lighting Systems), and either subparagraph R402.6.i, R402.6.ii, and R402.6.iii as follows: i. Sections R402.2 through R402.3, R , R404.1 and Table R402.6; ii. Section R405 Simulated Performance Alternative (Performance); or iii. REScheck (U.S. Department of Energy Building Codes Program). m. Section R402.6 Residential log home thermal envelope. shall add Table R402.6 to be used only in accordance with subparagraph i above to appear as follows: 1-10

11 For SI: 1 foot = mm. CLIMATE ZONE 5,6-High efficiency equipment path c FENESTRATION U-FACTOR a TABLE R402.6 LOG HOME PRESCRIPTIVE THERMAL ENVELOPE REQUIREMENTS BY COMPONENT SKYLIGHT U- FACTOR GLAZED FENESTRATION SHGC CEILING Min. Average LOG Size in inches FLOOR BASEMENT d n. Section R404.1 (N1104.1) Lighting equipment (Mandatory). shall be amended to: A minimum of fifty percent (50%) of the lamps in permanently installed lighting fixtures shall be high-efficacy lamps of a minimum of fifty percent (50%) of the permanently installed lighting fixtures shall contain only high efficacy lamps Minimum Ground and Roof Snow Loads. All structures or portions thereof that are subject to snow loading shall be designed to resist identified snow loads for Clearwater County. Snow loads shall be determined by the Building Official, in accordance with the information included in the University of Idaho study entitled Ground and Roof Snow Loads for Idaho ISBN , which shall be hereby adopted by reference. 1. Manufactured homes to be located in Clearwater County having designed roof loads which do not meet the snow load requirements for Clearwater County shall: a. Construct a protective roof cover which complies with snow load requirements b. Have the new home constructed to comply with snow load requirements SLAB & DEPTH b c. Complete an affidavit acknowledging that the designed load of the roof does not meet the minimum snow load requirements, and holding the county harmless from 1-11 CRAWL SPACE d NR /19 10, 4 ft. 10/ NR /13 10, 2 ft. 10/ NR /19 10, 4 ft. 10/13 a. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. b. 5 shall be added to the required slab edge values for heated slabs. c. 90% AFUE natural gas or propane, 84% AFUE oil, or 15 SEER heat pump heating equipment (zonal electric resistance heating equipment such as electric base board electric resistance heating equipment as the sole source for heating is considered compliant with the high efficiency equipment path). d. 15/19 means 15 continuous insulated sheathing on the interior or exterior of the home or 19 cavity insulation at the interior of the basement wall. 15/19 shall be permitted to be met with 13 cavity insulation on the interior of the basement wall plus 5 continuous insulated sheathing on the interior or exterior of the home. 10/13 means 10 continuous insulated sheathing on the interior or exterior of the home or 13 cavity insulation at the interior of the basement wall.

12 any and all proceedings arising from the destruction or damage of such structure due to structural failure resultant from snow loading Permit Fees. Providing for the requirement of payment of fees, the fee schedule, and fee refunds. 1. Permits issued under this Ordinance which require fees shall have fees paid at the time of issuance, unless otherwise specified herein. a. Permit fees for projects begun without the required permits could be subject to a special investigative fee, to be assessed at the minimum rate of twenty-five percent (25%) of the of the permit fee that shall be in addition to the required permit fee. 2. Permit fees shall be set by resolution of the Board of County Commissioners of Clearwater County, and determined by the Building Official according to the current fee schedule. 3. Fees paid for the permits associated with the construction or improvement to any building regulated under this Ordinance shall not be refundable. 4. In cases of destruction of the primary dwelling of any individual, due to accidental causes or act of nature, such person may petition the Board, in writing or by appearance before the full Board, for exemption from provisions contained herein requiring payment of permit fees. A waiver of permit fees may be granted at the sole discretion of the Board, and shall not exempt petitioner from compliance with any other provision of any Ordinance regulating building construction in Clearwater County. a. Permit fees shall not be waived if destruction of a dwelling is due to the commission of any criminal act, as provided by Idaho Statute, on the premises Manufactured Homes Installation Permits. Placement of mobile/manufactured homes shall require an installation/setting permit. The permit applicant shall supply to the Building Official the same site information required from an applicant seeking a building permit for a single family dwelling and shall pay a permit fee as set by resolution of the Board of County Commissioners of Clearwater County Penalty and Violation. Providing for the disposition of violations of this ordinance. 1. Unless otherwise prescribed, any person who willfully violates this ordinance or any subsection of any uniform or model code adopted in this ordinance under Section 104 Code Adoption, is guilty of a misdemeanor, and upon conviction shall be fined not more than three hundred dollars ($300), or imprisoned for not more than ninety (90) days, or by both fine and imprisonment (I.C ). 2. Failure to comply with the direction and/or instruction of the Building Official to correct, change, or modify any defect in the construction which is being inspected of for which a permit has been issued will be considered a violation of this ordinance. 1-12

13 110. Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity Repeal of Conflicting Provisions. All provisions of Ordinance #43 or Resolutions adopted by the Board of County Commissioners of Clearwater County adopting building codes, in whole or part, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Effective Date. This ordinance shall be effective upon its passage and publication as provided by law. Enacted by the Board of County Commissioners of Clearwater County as an ordinance of the County of Clearwater on the day of, 20. Approved by the Board of County Commissioners of Clearwater County on the day of, 20. COUNTY OF CLEARWATER ATTEST: Carrie Bird, Clerk Don Ebert, Commissioner Chairman John Allen, Commissioner John Smith, Commissioner 1-13