Chapter 7

Mechanical, Fuel Gas And Residential Codes

9-7-1: Purpose


The purpose of this chapter is to provide standards for the installation of all industrial and nonindustrial type heating, ventilation and air conditioning systems in the City limits and to provide for the qualification and licensing of persons engaged in the mechanical and fuel gas installation industry. The further purpose is to ensure that installation of all industrial and nonindustrial type heating, ventilation and air conditioning systems in the City limits shall be in accordance with the most current edition of the International Mechanical Code, the International Fuel Gas Code, and parts V and VI of the International Residential Code, as published by the International Code Council, Inc., and as adopted by the State, together with rules and regulations adopted by the State. This chapter is adopted in accordance with Idaho Code section 54-5001 et seq. (1952 Code § 4-09-01)

9-7-2: Mechanical, Fuel Gas And Residential Codes Adopted


The most current edition of the International Mechanical Code, with appendix A, the most current edition of the International Fuel Gas Code with appendix A, B, C and D, and parts V and VI of the most current edition of the International Residential Code with appendix A, B, C and D, published under the authority of the International Code Council, Inc., as adopted by the State, together with rules and regulations adopted by the State, are ratified and adopted except to the extent that said rules and regulations are hereby changed, altered and/or amended by this chapter; and together, these shall be known as the Mechanical Code of the City. (1952 Code § 4-09-01)

9-7-3: Public Examination Of Code


One copy each of the current editions of the International Mechanical Code, the International Fuel Gas Code and the International Residential Code, together with said rules and regulations adopted by the State; shall be filed for use and examination by the public in the Office of the City Clerk. (1952 Code § 4-09-02)

9-7-4: Authority Having Jurisdiction


The administration, interpretation and enforcement of each of these codes shall be under the jurisdiction and control of the Department of Planning and Development Services. The Director hereby appoints and designates the chief mechanical inspector of the Mechanical Division to administer and interpret the codes. (1952 Code § 4-09-03)

9-7-5: International Mechanical Code/international Fuel Gas Code Amendment, Section 104.3.1, Licensing Requirements


International Mechanical Code/International Fuel Gas Code section 104.3.1 is a new section and reads as follows:

Section 104.3.1 Licenses. Any person or entity engaged in the business, trade, practice or work involving mechanical or fuel gas systems within Boise City shall hold a valid certificate of competency issued by the State of Idaho, Division of Building Safety.

Exception: A license shall not be required for such work performed in a single-family residence or duplex when the installations are performed by the owner or contract purchaser; provided, further, that no person or entity shall engage in work beyond that specifically authorized by said license.
(1952 Code § 4-09-04)

9-7-6: International Mechanical Code/international Fuel Gas Code Amendment, Section 106.3.1, Construction Documents


International Mechanical Code/International Fuel Gas Code section 106.3.1 is hereby repealed and reenacted to read as follows:

Section 106.3.1 Construction Documents. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. A description of the character of the work proposed shall be provided, and the location, ownership, occupancy and use of the premises in connection therewith. The City may require plans, specifications or drawings and such other information as deemed necessary. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this Code. Construction documents for buildings more than two (2) stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire resistance rating and fireblocking. The City may require such plans to be stamped by an Idaho State licensed engineer. Engineers who stamp mechanical drawings for review by the City must have a registered stamp that complies with current provisions of Idaho State Statute, title 54, chapter 12, Engineers and Surveyors. If the City determines that the plans, fees, specifications, drawings, description and information furnished by the applicant are in compliance with this Code, a permit shall be issued.

Exceptions: The Code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that the reviewing of construction documents is not necessary to determine compliance with this Code.
(1952 Code § 4-09-05)

9-7-7: International Mechanical Code/international Fuel Gas Code Amendment, Section 106.5.2, Fee Schedule


International Mechanical Code/International Fuel Gas Code section 106.5.2 is amended to read as follows:

Section 106.5.2 Fee Schedule.

A. Schedule Of Fees: Residential. The residential mechanical permit fees shall be in such amounts as established by the City Council.

B. Schedule Of Fees: Commercial. The commercial mechanical permit fees shall be in such amounts as established by the City Council.

C. Other Administrative Fees. Other administrative fees, in such amounts as established by the City Council, are required for both commercial and residential projects, where applicable.
(Ord. 7-15, 3-10-2015, eff. 5-1-2015; amd. 2019 Code)

9-7-8: International Mechanical Code/international Fuel Gas Code Amendment, Section 106.5.3, Fee Refunds


International Mechanical Code/International Fuel Gas Code section 106.5.3 is amended to read as follows:

1. The full amount of any fee paid hereunder which the City incorrectly required and collected.
(Ord. 7-15, 3-10-2015, eff. 5-1-2015)

2. A minimum administrative fee, in such amount as established by the City Council, shall be charged to the permit applicant requesting the refund of permit fees when work has not commenced on a permit issued in accordance with this Code.

3. A minimum administrative fee, in such amount as established by the City Council, shall be charged to the permit applicant requesting the refund of plan review fees when review work has not commenced on a permit application accepted in accordance with this Code.
(Ord. 7-15, 3-10-2015, eff. 5-1-2015; amd. 2019 Code)

4. After work has commenced on a plan review or permit, a refund will not be given.

5. The Code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
(Ord. 7-15, 3-10-2015, eff. 5-1-2015)

9-7-9: International Mechanical Code/international Fuel Gas Code Amendment, Section 109, Plumbing, Mechanical And Fuel Gas Board


International Mechanical Code/International Fuel Gas Code section 109 is amended to read as follows:

Section 109 Plumbing, Mechanical And Fuel Gas Board. There is hereby created a Plumbing, Mechanical and Fuel Gas Board hereinafter referred to as "the board" to be composed of seven (7) members appointed by the Mayor by and with the advice and consent of the Council. Boise City residency of at least four (4) of the members is required. Members not residing in Boise City must reside in Ada County and transact business in Boise City. The terms of office shall be four (4) years and if a vacancy occurs, the Mayor with the consent of the Council shall appoint a member to fill such unexpired term. The board shall organize and select one of its members as Chairman, and the members of the board shall serve and act without compensation except that their actual and necessary expenses shall be allowed by the Council. The Secretary, who is hereby designated to be the Director of Planning and Development Services or his designated representative, shall keep a record of all meetings, hearings and proceedings of the board and shall perform all services that may be required.
(Ord. 16-13, 6-4-2013)

A. Board Duties. It shall be the responsibility and duty of the board:

1. To submit to the Mayor and Council proposed regulations and amendments thereto, governing the design, construction, installation, improvement, expansion and alteration of plumbing, mechanical and fuel gas systems.

2. To submit to the Mayor and Council proposed standards and procedures for the quality and weight of materials, fixtures, appliances and devices used in, or entering into, and the method and construction of plumbing, mechanical and fuel gas systems.

3. To submit to the Mayor and Council proposed regulations and amendments thereto, prescribing the standards and procedures for inspecting plumbing, mechanical and fuel gas systems.

4. To independently review, whenever requested, the administration and enforcement of the minimum standards, regulations and procedures prescribed by this ordinance.

B. Appeal Process. Any applicant for a permit, whose application has been rejected by the City, or any person who has been ordered by the City to modify, alter, remove or install any plumbing, mechanical or fuel gas system as defined in this Boise City Code may, within ten (10) days thereafter, request an appeal by filing notice in writing with the City. The City shall deliver such notice to the board, who shall fix and establish a time, date and place of hearing within fifteen (15) days from the date of the receipt of notice and cause a copy of the notice to be mailed to the appealing parties. At the hearing, the board may, by a majority vote, affirm, annul or modify the action of the City. If the actions of the City are modified or annulled, a permit shall be issued accordingly.

C. Standard Of Review. The board may: 1) modify or waive the requirements of this Code in particular cases wherever any rules are shown to be impracticable and when it is shown that equivalent or safer construction can be more readily accomplished in other ways; and 2) determine whether or not the City erred in its interpretation or application of the Code provisions.
(1952 Code § 4-09-08)

D. Appeal Fee. Any person appealing from the decision of the City shall attach to the request for review a certified check, in such amount as established by the City Council, made out in favor of Boise City. In the event such appeal is granted, said fee shall be returned to the appellant.
(1952 Code § 4-09-08; amd. 2019 Code)

E. Appeal To City Council. Any order, decision or ruling of the board may be appealed to the City Council within ten (10) days of such order, decision or ruling.
(1952 Code § 4-09-08)

9-7-10: Appeal Procedure


The Plumbing, Mechanical and Fuel Gas Board may receive all evidence on appeal, in accordance with the following procedure:


A. The chief inspector or designee shall present background information on the project in question, including relevant Code sections and their interpretation. The board may ask questions during or after each presentation.


B. Applicant shall be allowed to present any information or applicable Code sections to support a reversal of the chief inspector's decision. The applicant shall have up to twenty (20) minutes to present such evidence.


C. The Chairperson shall open the hearing to receive public testimony. Each person wishing to provide public testimony shall be given up to five (5) minutes to do so.


D. Following the close of public testimony, the chief inspector or designee shall be allowed up to ten (10) minutes for rebuttal.


E. The applicant then shall have up to ten (10) minutes for rebuttal and any final comments.


F. The Chairperson of the board may allocate equivalent additional time to the applicant and the chief inspector or his designee if the clarity of the issue at hand can be enhanced by receiving additional testimony.


G. Thereafter, the board may deliberate and render a final decision by a role call vote, may request more information before a final decision is made, or may take the matter under advisement and reconvene at a reasonable time not to exceed fifteen (15) days to make their final decision. The final decision shall be in writing and a copy provided to the applicant and any parties of record. The decision by the board may be appealed to the City Council within ten (10) calendar days following the date of issuance of a written decision. (1952 Code § 4-09-09)

9-7-11: International Mechanical Code/international Fuel Gas Code Amendment, Section 108.4, Violation And Penalty


International Mechanical Code/International Fuel Gas Code section 108.4 is amended to read as follows:

Section 108.4 Violation And Penalty. Boise City has the authority to file a complaint for criminal or civil penalties or both for any violation of this chapter. If both criminal and civil penalties are filed regarding a same or similar wrong doing on the same site or by the same person, firm, association, or corporation such action shall not be considered to be double jeopardy.

These penalties shall apply to any person, firm, association, or corporation who performs or authorizes another to perform any mechanical/HVAC/fuel gas work in violation of this Code. The filing of criminal or civil charges in no way relieves any person, firm, association, or corporation who performs or authorizes another to perform mechanical/HVAC/fuel gas work from complying with this Code.

A. Criminal Penalties: Any person, firm or corporation violating, causing a violation or permitting a violation of any of the provisions of this Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding one thousand dollars ($1,000.00) or by imprisonment for a period not exceeding one hundred eighty (180) days or both fine and imprisonment. A new violation may be filed for each day or portion thereof that the violation continues.
(1952 Code § 4-09-10; amd. 2019 Code)