Amendment of building code

(1) The board of county commissioners from time to time by resolution may alter and amend any county building code after public hearing, notice of which hearing shall be given by at least one publication in a newspaper of general circulation in the county at least fourteen days prior to said hearing. In no case shall the area covered by the building code be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. Unless the county planning commission acts within thirty days, approval shall be assumed. The opinion of the county planning commission shall be advisory only and not binding upon the board of county commissioners. (2) When a board of county commissioners or a regional building department operating through an intergovernmental agreement with a board of county commissioners adopts or substantially amends any county building code, or updates an already adopted building code with a succeeding version of the international building code, the board or regional building department shall ensure that the building code meets or exceeds the accessibility standards adopted in one of the two most recent versions of the international building code, as adopted by the International Code Council or a successor organization. Adoption of the energy-efficient building codes in accordance with section 30-28-211 does not constitute a substantial amendment or update to the building codes for purposes of this subsection (2). The accessibility standards adopted by a board of county commissioners or regional building department in accordance with this subsection (2) cannot provide less protection than what is required by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq. (3) The requirements for ensuring accessibility standards in accordance with subsection (2) of this section do not apply to one- and two-family dwellings and townhomes that comply with the International Residential Code, as adopted by the International Code Council or a successor organization, or that comply with a local building code whose accessibility standards are equivalent to the accessibility standards in the International Residential Code.