Ordinance No. 395

ORDINANCE NO. 395

AN ORDINANCE OF THE CITY OF IDAHO CITY, BOISE COUNTY, IDAHO, ADOPTING THE CURRENT IDAHO BUILDING CODES BASED ON THE 2018 INTERNATIONAL BUILDING CODE; PROVIDING FOR ADOPTION BY REFERENCE; PROVIDING FOR ADMINISTRATION, ENFORCEMENT, AND APPEALS TO THE CITY COUNCIL; ELIMINATING ANY BOARD OF APPEALS FOR PURPOSES OF THE ADOPTED CODES; PROVIDING FOR CONFLICTS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

WHEREAS, the City of Idaho City is authorized under Idaho law to adopt and enforce building codes by ordinance when issuing building permits and performing building code enforcement activities; and

WHEREAS, Idaho Code Title 39, Chapter 41, known as the Idaho Building Code Act, provides for statewide minimum standards for building safety and establishes requirements for local government adoption and enforcement of building codes; and

WHEREAS, the State of Idaho has adopted the 2018 International Building Code, with Idaho amendments, together with related building, residential, energy conservation, existing building, mechanical, fuel gas, fire, plumbing, and electrical codes as applicable under state law; and

WHEREAS, the City Council finds that adoption of the current Idaho building codes will promote public health, safety, welfare, accessibility, consistency, and orderly administration of construction standards within the City.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

Section 1. Adoption of Codes.

The City of Idaho City hereby adopts by reference, as the building codes of the City, the current building codes adopted by the State of Idaho and administered or recognized under Idaho law, including the Idaho Building Code Act and applicable administrative rules, as the same may be amended from time to time by the State of Idaho.

The adopted codes include, without limitation and as applicable within the City, the 2018 International Building Code with Idaho amendments; the 2018 International Residential Code, Parts I, II, III, and IX, with Idaho amendments, collectively identified as the Idaho Residential Code, 2020 Edition; the 2018 International Energy Conservation Code with Idaho amendments, collectively identified as the Idaho Energy Conservation Code, 2020 Edition; the 2018 International Existing Building Code; the 2018 International Mechanical Code; the 2018

International Fuel Gas Code; the 2018 International Fire Code as administered by the Idaho State Fire Marshal; the applicable Idaho plumbing code; and the applicable Idaho electrical code.

Section 2. Incorporation by Reference.

The codes adopted in this ordinance are incorporated by reference as though fully set forth herein, including Idaho-specific amendments, revisions, exceptions, and limitations adopted by the State of Idaho. At least one copy of the adopted codes, or information identifying where the codes may be reviewed, shall be maintained or made available by the City Clerk or other designated City official as required by law.

Section 3. Administration and Enforcement.

The City may administer and enforce the adopted codes through its designated building official, City staff, contracted public or private providers, or other authorized officials, consistent with Idaho law and City ordinances. The City may require permits, plan review, inspections, approvals, certificates, and fees as authorized by law and as established by separate ordinance, resolution, fee schedule, or policy.

Section 4. Appeals to City Council.

Notwithstanding any provision of the adopted codes that would establish, require, or refer appeals to a Board of Appeals, Board of Building Appeals, or similar appellate body, the City of Idaho City hereby eliminates such board for purposes of administration and enforcement of the adopted codes. Any appeal authorized under the adopted codes or City code from an order, decision, determination, interpretation, or action of the building official or other authorized enforcement official shall instead be heard and decided by the Idaho City City Council.

An appeal shall be filed in writing with the City Clerk within the time allowed by the applicable code or, if no time is specified, within fourteen calendar days after the decision or action being appealed. The written appeal shall identify the decision being appealed, state the grounds for appeal, and include any supporting documents the appellant wants the City Council to consider.

The City Council shall hear the appeal at a public meeting or other proceeding conducted in accordance with applicable Idaho law and City procedures. The City Council may affirm, reverse, or modify the decision appealed, or may remand the matter for further review. The City Council's decision shall constitute the final administrative decision of the City unless otherwise provided by law.

Section 5. Local Amendments and Conflicts.

Any local amendments, administrative procedures, or enforcement provisions adopted by the City shall be consistent with Idaho law and shall provide at least an equivalent level of protection to the codes adopted by the State of Idaho where required. In the event of a conflict between this ordinance and mandatory provisions of Idaho law, Idaho law shall control.

Section 6. Existing City Ordinances.

This ordinance is intended to supplement and update the City's existing building permit and construction code provisions. All prior ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict only.

Section 7. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, which shall remain in full force and effect.

Section 8. Effective Date.

This ordinance shall be in full force and effect upon passage, approval, and publication according to law.

PASSED BY THE CITY COUNCIL of the City of Idaho City, Idaho, this 22nd day of July, 2026.

APPROVED BY THE MAYOR of the City of Idaho City, Idaho, this 22nd day of July, 2026.

Mayor

ATTEST:

Cortney K. Koeteen City Clerk