Elmore County - Land Use and Building Department

Elmore County, Idaho

county

2280 American Legion Boulevard, Mountain Home, ID 83647

Required

Required

ZONING FIRST, THEN THE BUILDING APPLICATION - the County states "ALL BUILDING APPLICATIONS MUST BE PRECEDED BY A ZONING PERMIT - NO EXCEPTIONS". A plan review fee is paid on submission; the County's building permit application prices it at $150.00 for "Solar, Fireplace & Re-Roofs" and the adopted fee schedule carries a "Roof Permit" line at $150. Approved plans are held for 30 days only and the applicant must pay for the permit inside that window or reapply; stamped plans stay on site. INSPECTIONS ARE CALLED IN THE DAY BEFORE AND THE DAY YOU GET DEPENDS ON YOUR ELEVATION. The County's application states: "ALL inspections must be called in the day before between the hours of 8:30am-4:30pm. NO SAME DAY INSPECTIONS!" and "Inspections below 5,000 ft elevation are on M-W-F, above 5,000ft are on T & TH by calling 208-587-2142 x 502". Before the first inspection the property address must be posted at the public road entrance and the property boundaries clearly marked. Post the inspection record on site when work begins and leave it posted until all inspections have been satisfied. The County also states that garbage and sanitary facilities must be on the property, not in the roadway, and that "Inspections will not be done if these items are not provided." WHAT REPEATED FAILURES COST. "If more than two inspections are failed the Applicant must pay $50 before another inspection can be scheduled and any subsequent failed inspections will follow the same fee schedule", and if more than six are failed the applicant must meet the director, the building official and the contractor to agree a plan to move forward. A deposit is taken at application and may be refunded after final inspection. Permits run three years from issuance, and the County requires activity on site every 180 days. THE BUILDING OFFICIAL is at 2280 American Legion Blvd., Mountain Home, on 208-587-2142 ext. 1246, Monday to Friday 8:00am to 5:00pm.

THE COUNTY'S OWN BUILDING CHAPTER, WHICH CARRIES ITSELF FORWARD WITH THE STATE. Elmore County Code Title 9, Chapter 1, "Building Regulations", is the County's building chapter; it was amended and restated in its entirety by Ordinance No. 2018-03, dated May 18, 2018, signed by all three County Commissioners, attested by the County Clerk and under the County seal. Section 9-1-1, Code Adoption, states: "That the approved editions of the following nationally recognized codes are adopted as the official building codes of the County of Elmore, except as provided in Section 9-1-2: 2015 International Building Code / 2012 International Residential Code, Parts I-IV and IX / 2015 International Conservation Code / 2015 Idaho Fire Code". It then carries the clause that decides which edition a job is actually permitted under: "The foregoing 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 1st day of January of the year following the date any such codes are made effective for the state, unless a different date is required by state statute. The Board may, by resolution, confirm the building codes in effect in Elmore County." SO THE EDITIONS PRINTED IN SECTION 9-1-1 ARE NOT THE ONES THAT GOVERN. The County's own Building Permit Requirements page states the editions it is working to: "Residential plan review: 2-3 weeks (2018 I.R.C.)", "Commercial plan review: Up to 4-6 weeks (2018 I.B.C.)" and "2018 IBC projects may require a registered design professional". Idaho's residential code is the 2018 International Residential Code, so a reroof in unincorporated Elmore County is permitted under the 2018 IRC. THE COUNTY WRITES NO CODE AMENDMENTS OF ITS OWN. Section 9-1-2, Amendments to adopted codes, states in its entirety: "Amendments to the guiding codes shall be adopted in accordance with Idaho Statute 39-4109. The amendments are listed in IDAPA 07.03.01, 'Rules of Building Safety'." The chapter number in that citation is the older one; the Idaho Building Code Board's amendments to the residential code are published today at IDAPA 24.39.30, "Rules of Building Safety (Building Code Rules)". Either way the amendment list that applies in Elmore County is the State's, not a county list, and the County writes none of its own. WHAT TITLE 9 CHAPTER 1 DOES SET LOCALLY, in its nine sections: Section 9-1-3 fixes the ground snow load at 120 pounds per square foot north of Tollgate and 30 pounds per square foot south of Tollgate, with a zone map bound in as Exhibit A; Section 9-1-4 sets minimum frost depth for footings at 24 inches south of Tollgate, 30 inches between Tollgate and Featherville, and 36 inches at Featherville and north, with a map as Exhibit B; Section 9-1-5 sets fees by Board resolution; Section 9-1-6 requires an installation permit for a mobile or manufactured home; Section 9-1-7 exempts agricultural structures from the adopted building codes and fees while leaving them subject to placement requirements and state code; Sections 9-1-8 and 9-1-9 are severability and the penalty for building without a permit. None of the nine sections amends the roofing chapter. THE OLDER INSTRUMENT SAYS THE SAME THING. Ordinance No. 2008-3, which Title 9 Chapter 1 replaced, adopted the 2006 editions with the identical successive-versions clause and likewise amended nothing in the roofing chapter across its nine sections. STATE FRAMEWORK. Idaho's residential code is set by the Idaho Building Code Board, not by the county. IDAPA 24.39.30.600.03 adopts the "International Residential Code, 2018 Edition ... Parts I, II, III, and IX of the 2018 Edition for one (1)- and two (2)-family dwellings", effective July 1, 2024, with a list of seventeen state amendments. Idaho Code 39-4116(2) requires a local government that issues building permits to adopt the Idaho residential code by ordinance and bars it from adopting provisions of a later IRC edition the Board has not adopted, so a county cannot be ahead of the state. Under Idaho Code 39-4116(4)(d) a local amendment to the part of the residential code that contains the roofing chapter may be made only by ordinance, on a recorded finding of good cause for building or life safety, after a public hearing noticed in the official newspaper with thirty days' written notice to the local chapters of the industry bodies named in Idaho Code 39-4109.

Required — Elmore County Code Title 9, Chapter 1, "Building Regulations", read in full - all nine sections - adds no amendment to the residential code; its Section 9-1-2 adopts the State's amendment list rather than writing one. IDAPA 24.39.30.600.03, the State of Idaho's complete list of amendments to the 2018 International Residential Code, read in full, does not touch Chapter 9, Roof Assemblies. Ordinance No. 2008-3, the instrument Title 9 Chapter 1 replaced, was also read in full and touches nothing in the roofing chapter. The base 2018 IRC drip-edge requirement for asphalt shingle roofs, at Section R905.2.8.5, therefore applies unmodified in unincorporated Elmore County. Confirm the flashing detail and the fastener spacing against the shingle manufacturer's printed instructions as well, which the code makes binding. About drip edge

Required — ELMORE COUNTY ANSWERS THIS ITSELF, IN THE SAME BREATH AS THE PERMIT QUESTION, WHICH IS RARE. Under "When Is a Building Permit Required?" the County's Land Use and Building Department states: "Roofing permits are required in Elmore County. (Ice Barriers required per R.905.1.2)" That is the County's own published position rather than an inference from climate, and it is the section of the adopted residential code that carries the ice barrier requirement. The extent the barrier must reach up the roof slope is set by the unamended base 2018 IRC text at the section the County itself names; neither Elmore County Code Title 9 Chapter 1 nor the State's amendment list changes it. Do not carry another Idaho jurisdiction's answer onto an Elmore County roof - Idaho leaves the climatic and geographic design criteria table to the local jurisdiction, and Idaho cities and counties give different answers. About ice & water barrier

Not required — NO IMPACT-RESISTANCE MANDATE APPLIES IN UNINCORPORATED ELMORE COUNTY. Elmore County Code Title 9, Chapter 1, "Building Regulations", was read in full - all nine sections - and contains no UL 2218, Class 4 or FM 4473 impact-rating provision and no amendment to the residential code's roofing chapter; Ordinance No. 2008-3, which it replaced, was read in full with the same result. IDAPA 24.39.30, the Idaho Building Code Board's rule and the complete list of state amendments to the 2018 International Residential Code, contains no impact-rating reference of any kind. Neither the State's nor the County's adopted code imposes an impact-resistant roof covering requirement. NOTE THAT A FIRE RATING AND A HAIL RATING ARE DIFFERENT THINGS: Class A, B and C describe fire performance under ASTM E108 or UL 790, while UL 2218 Class 4 describes impact. An insurance discount for impact-rated shingles, where a carrier offers one, is a matter between the homeowner and the insurer and is not a code requirement.

THE COUNTY SAYS IT IN ONE SENTENCE, WHICH ALMOST NO JURISDICTION DOES. Under the heading "When Is a Building Permit Required?" the Elmore County Land Use and Building Department lists, as its own bullet: "Roofing permits are required in Elmore County. (Ice Barriers required per R.905.1.2)" The same list opens with "A building permit must be obtained before construction begins" and "Constructing, enlarging, altering, repairing, moving, demolishing, or changing occupancy requires a permit." The County's adopted fee schedule carries the matching line item, "Roof Permit $150", and its building permit application prices the plan review for "Solar, Fireplace & Re-Roofs" at $150.00. AND THERE IS NO SIZE OR VALUE THRESHOLD. Elmore County publishes no square footage, no dollar figure and no number of squares below which roof work goes ahead without a permit, and roof work of any size appears nowhere on the exempt list the County prints under "Work Exempt from Permit (IRC R105.2)" - one-story detached sheds and playhouses under 200 square feet, fences 7 feet or under, retaining walls under 4 feet unless supporting a surcharge, water tanks under 5,000 gallons, sidewalks and driveways, finish work, prefabricated pools under 24 inches deep, playground equipment, certain window awnings, and detached decks under 200 square feet, under 30 inches high and not attached to the dwelling. The County adds: "Note: Exempt work must still comply with all codes." If a repair is genuinely trivial, ask the Building Official rather than assuming a threshold the County has not published. ONE LINE ON THE FEE SCHEDULE READS LIKE A THRESHOLD AND IS NOT ABOUT ROOF AREA. The preamble to the County's BUILDING PERMIT FEES section states "All structures over 200 square feet are required to have an Elmore County Building Permit." That sentence is about whether a STRUCTURE needs a permit, and the same schedule separately carries a "Roof Permit" line at $150; do not read the 200 square feet as a roof-area exemption. The general building permit fee itself is calculated by the Building Official "based upon the valuation of the structure in accordance with Section 109 of the International Building Code and the International Code Council Building Valuation Data". ZONING COMES FIRST, AND IT IS NOT A FORMALITY. The same page states, in capitals: "ALL BUILDING APPLICATIONS MUST BE PRECEDED BY A ZONING PERMIT - NO EXCEPTIONS". Build that step into the programme. TWO MORE THINGS TO PRICE IN. Elmore County states that "Construction waste dumping is NOT allowed at the county waste transfer facilities in Pine, Atlanta, Prairie, or Glenns Ferry" and that construction waste "must be disposed of at approved locations only", so tear-off debris needs a disposal plan before the dumpster is ordered. And the County charges for repeated failed inspections: its application states that if more than two inspections are failed the applicant pays $50 before another can be scheduled, with the same fee on each subsequent failure.

TAKE THESE FROM THE COUNTY'S OWN PAGE, WHICH ELMORE PUBLISHES FILLED IN, AND NOTE THAT THREE OF THE FOUR CHANGE WITH ALTITUDE. Under "Local Design Requirements" the Elmore County Land Use and Building Department gives: Wind Load "115 MPH (IRC) (Residential)" and "95-120 MPH (IBC) (Commercial)"; Snow Load "Recreation area: 120 lbs ground snow load (Must be designed by an Idaho State Engineer (R.301.1.3 & R.301.2.3))" and "Remaining areas: 30 lbs ground snow load"; Footing Depth "24" below frost line - Areas below Tollgate", "30" below frost line - Tollgate to Featherville", "36" below frost line - Above Featherville"; and Seismic Design "Zone C - South of Featherville", "Zone D - North of Featherville". THE SNOW AND FROST FIGURES ARE ENACTED, NOT JUST PUBLISHED. Elmore County Code Section 9-1-3 states that "The ground snow load for areas north of Tollgate, Idaho, shall be 120 pounds per square foot. The ground snow load for areas south of Tollgate, Idaho, shall be 30 pounds per square." with a zone map bound in as Exhibit A, and Section 9-1-4 sets the same three frost depths with a map as Exhibit B. A roof north of the Tollgate line therefore carries four times the valley ground snow load, and the County requires an engineer: its building permit application states that plans for those areas "must be submitted with this application and stamped by an engineer showing the structure will withstand 120lbs per sq.ft snow load and wind speeds of 115mph. This requirement is due to the extreme snow load in the mountain areas." CHECK THE BASIS BEFORE YOU APPLY THE WIND NUMBER. The County gives 115 mph for residential work without stating whether that is an ultimate or a nominal design wind speed, and the two are different numbers for the same wind loading. Confirm which basis your design method, engineering or product listing expects before using the figure, and ask the Building Official rather than converting it yourself. Do not carry the commercial 95-120 mph range onto a one- or two-family dwelling; that is the International Building Code track.

NEITHER ELMORE COUNTY NOR THE STATE OF IDAHO MODIFIES THE MODEL RULE. Elmore County Code Title 9, Chapter 1, "Building Regulations", the County's whole building chapter, was read in full - all nine sections - and it adds no amendment to the residential code at all: Section 9-1-2 states that "Amendments to the guiding codes shall be adopted in accordance with Idaho Statute 39-4109" and points to the State's rule for the amendment list. The nine sections reach code adoption, amendments, ground snow load, frost depth, permit fees, manufactured home installation permits, agricultural exemptions, severability and penalties. Ordinance No. 2008-3, the instrument Title 9 Chapter 1 replaced, was read in full and likewise touches nothing in the roofing chapter. IDAPA 24.39.30.600.03, the Idaho Building Code Board's complete list of state amendments to the 2018 International Residential Code, seventeen items, read in full, contains no amendment to Chapter 9, Roof Assemblies. The base 2018 IRC provisions therefore apply unmodified. THE RULE ITSELF. Base-code rule, 2018 IRC Section R908.3.1.1 (Roof recover not allowed): a roof recover is not permitted where the existing roof or covering is water soaked or has deteriorated to the point that it is not an adequate base for additional roofing; where the existing roof covering is slate, clay, cement or asbestos-cement tile; or where the existing roof already has two or more applications of any type of roof covering. One existing layer may be recovered; a second forces a full tear-off. THE ANSWER SURVIVES THE EDITION QUESTION. Section 9-1-1 names the 2012 International Residential Code on its face while its own succeeding-versions clause carries the County to whatever edition Idaho has adopted, and the County's Building Permit Requirements page states it is reviewing residential plans to the 2018 IRC. The two-layer bar is the same under either candidate edition, so the layer answer does not turn on that question. A LOCAL AMENDMENT HERE WOULD BE UNUSUALLY VISIBLE. Idaho Code 39-4116(4)(d) allows a county to amend this part of the residential code only by ordinance, on a recorded finding that "good cause for building or life safety exists" and that the amendment is "reasonably necessary", after a public hearing noticed in the official newspaper with at least thirty days' written notice to the local chapters of the industry bodies listed in Idaho Code 39-4109.

6.0% in Elmore County - the Idaho state rate, with no local add-on. Idaho Code 63-3619 imposes the state sales tax "at the rate of six percent (6%) of the sales price of all retail sales subject to taxation under this chapter". Idaho counties levy no sales tax at all, and neither kind of Idaho local sales tax reaches roofing work here. The first is the resort-city local-option tax under Idaho Code Title 50, Chapter 10; the Idaho State Tax Commission publishes the list of cities that levy one, and no Elmore County city is on it. The second is an auditorium-district tax, which the Tax Commission treats as a lodging tax and which therefore never reaches roofing work. HOW A ROOF IS TAXED IN IDAHO, WHICH MATTERS MORE THAN THE RATE. The Idaho State Tax Commission's guidance for contractors states: "Idaho sales tax law says contractors are the consumers (end users) of all the goods they use. As a result, they must pay sales tax on all purchases, including all the equipment, tools, and supplies they use to build, improve, repair, or alter real property. Contractors must also pay sales tax when they buy building materials and fixtures." So on a reroof the roofing contractor pays the 6% on the shingles, underlayment, flashing and fasteners at the supply house and does not charge sales tax to the homeowner on the finished improvement. Price the tax into the materials line, not onto the invoice total, and confirm the treatment of any item you supply that stays personal property with your accountant.