Building code compliance letters forthcoming

A week before Washington County’s commissioners approved a 182-day moratorium the county’s building inspector, Danny Roark, alerted the commissioners to at least six building code violations “that need to be addressed.”

 “We have been advised not to issue compliance letters on these by Mr. Pearce (Washington County Prosecutor),” Roark said. “After studying the code, it is my understanding that the building official and the administrator of P&Z are the governing bodies on zoning and building codes, and if our interpretation is not agreed with, there is an appeal process laid out to address those issues.” 

 Although zoning ordinances can come into play in the issuance of building permits, Roark said his concerns that day were separate from a debate on whether or not a property purchase comes with a building right. 

 Idaho and Washington County both adopted International Building Codes decades ago, both of which require a building permit for structures. Through permits, structural integrity is ensured and check-offs are provided from periodic inspections during the building process, including the installations of  plumbing, electrical, and HVAC systems.

 “I’m not asking that every violation be fined, that should always be the last resort for any violation, and I do not have the authority to issue fines,” Roark said. “That is the job of the Washington County Sheriff’s Office or your prosecuting attorney, as needed. But not having the ability to issue compliance letters greatly limits our ability to do the job as it is described in the code.”

 Roark described the six violations he is aware of as being “pretty flagrant.” He said the county’s code lists a procedure for issuing compliance letters.

 “We do them, and they have 30 days to respond,” he said. “And if they don’t respond or comply, then we send them on to the sheriff’s office to be documented and then they’re sent on to legal, and whether or not they’ll be fined. I’d rather people not get fined. I’m just here to make sure they’re safe buildings and people follow the rules.”

 Responding to questions from commissioners Jim Harberd and Nate Marvin on how homeowners were getting final electrical and plumbing inspections before moving in, Roark said, “There are numerous jobs that have none of that, and are complete homes, never pulled a permit. So some of these have already been referred to the state and the state is doing their investigation on them right now. The level of noncompliance is from the bottom to the top.”

 “My recommendation is get a form letter and let’s start contacting and see if we can get some of these cleared up and finalized,” Marvin said.

 In a separate interview later in the week, Roark  told the Signal American the prosecutor’s office is authoring a compliance form letter in which he will be able to list code violation(s) that apply to particular requirements.