Marion County board opts out of additional building code provisions

photo Kimball City Attorney and Marion County Attorney Billy Gouger
Arkansas-Ole Miss Live Blog

JASPER, Tenn. - Marion County leaders are backtracking to opt out of some potentially costly commercial and residential building code requirements.

The County Commission approved the 2012 version of the International Building Code in February after opting out of a part that requires residential sprinkler systems.

County Attorney Billy Gouger said that code also includes a section known as the International Energy Conservation Code that has some components related to heating and air conditioning systems for residential structures.

"It's one of the reasons I think some smaller counties and cities have not opted into the 2012 code," he said.

The code would require contractors to purchase additional computers and software programs designed to measure airflow as well as some "third party testing," Gouger said.

"Of course, those costs are going to get passed on to your home builders, homeowners and taxpayers," he said. "We just don't need that."

Gouger said new County Building Inspector Gabe Yeargan thinks the IECC section is "overkill."

At its October meeting, the board voted unanimously to amend the previous resolution passed in February to exclude the IECC, too.

Originally, county leaders planned to revert to the 2009 building code, which doesn't include the IECC regulations, but that would have been costly.

The county converted from the 2006 code when it approved the 2012 code in February, bypassing the 2009 edition entirely.

The county would've been required to purchase the 2009 code for about $3,000.

"Those codes will be obsolete in about a year," Gouger said. "Then, [the county] would have to spend another $3,000 to go to another code."

The building code can be used for up to six years, which means as long as it stays under the 2012 version Marion won't have to adopt a new code until 2018.

After speaking with County Mayor David Jackson and Yeargan about the issue, Gouger said modifying the version of the board's original resolution was the best option.

Jackson said he has seen some literature recently suggesting that local governments' ability to decline parts of the building code may be limited in the future.

"After 2015, you may not have the option to opt out of some of this stuff," he said to the board. "I'm just giving you fair warning."

Ryan Lewis is based in Marion County. Contact him at ryanlewis34@gmail.com

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