39-20 - BUILDING CODE

Ordinance 39-20

AN ORDINANCE AMENDING BOISE CITY CODE TITLE 9, CHAPTER 1, BOISE CITY BUILDING CODE, TO ADOPT THE 2018 INTERNATIONAL BUILDING CODE, INCLUDING APPENDIX J (GRADING) AND CERTAIN AMENDMENTS TO APPENDIX J (GRADING); STANDARDIZING AND CORRECTING TERMINOLOGY, NUMBERING AND CODE REFERENCES; UPDATING FEE SCHEDULE REFERENCES, FLOOD HAZARD MAPS, AND FLOOD HAZARD REGULATIONS; AND SEPARATING THE BOISE CITY BUILDING CODE INTO COMMERCIAL AND RESIDENTIAL SUBSECTIONS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

Section 1. That Title 9, Chapter 01, Boise City Code, be, and the same is hereby amended to read as follows:

City Code – Title 9: Building Codes and Regulations / Chapter 1A

Building Code

Sections

· 9-1A-1: Purpose

· 9-1A-2: Codes Adopted

· 9-1A-3: Ibc IBC Building Code Amendment, Section 101.1, Title

· 9-1A-4: Ibc IBC Building Code Amendment, Section 101.4.3, Applicable Plumbing Code

· 9-1A-5: Ibc IBC Building Code Amendment, Section 101.4.4, Property Maintenance Code Deleted

· 9-1A-6: Ibc IBC Building Code Amendment, Add Section 101.4.8, Abatement Of Dangerous Buildings Code

· 9-1A-7: Ibc IBC Building Code Amendment, Add Section 101.4.9, Applicable Electrical Code

· 9-1A-8: Ibc IBC Building Code Amendment, Section 102.6, Existing Structures

· 9-1A-9: Ibc IBC Building Code Amendment, Section 102.6.2, Buildings Previously Occupied

· 9-1A-10: Ibc IBC Building Code Amendment, Section 103, Division Of Building Safety

· 9-1A-11: Ibc IBC Building Code Amendment, Section 104.10.1, Flood Hazard Areas

· 9-1A-12: Ibc IBC Building Code Amendment, Section 105.1.1, Annual Permit

· 9-1A-13: Ibc IBC Building Code Amendment, Add Section 105.1.3, Facility Permitting

· 9-1A-14: Ibc IBC Building Code Amendment, Section 105.2, Work Exempt From Permit

· 9-1A-15: Ibc IBC Building Code Amendment, Section 105.2, Deleting Subsections On Electrical, Gas, Mechanical, And Plumbing

· 9-1A-16: Ibc IBC Building Code Amendment, Section 105.2.1, Emergency Repairs

· 9-1A-17: Ibc IBC Building Code Amendment, Section 105.2.2, Repairs

· 9-1A-18: Ibc IBC Building Code Amendment, Section 105.3, Application For Permit

· 9-1A-19: Ibc IBC Building Code Amendment, Section 105.3.2, Time Limitation Of Application

· 9-1A-20: Ibc IBC Building Code Amendment, Section 105.5, Expiration

· 9-1A-21: Ibc IBC Building Code Amendment, Add Section 105.8, Permit Transfer

· 9-1A-22: Ibc IBC Building Code Amendment, Section 107.1 And The Exceptions, Submittal Documents

· 9-1A-23: Ibc IBC Building Code Amendment, Add Section 107.2.1.1, Food-products Preparation Or Sales

· 9-1A-24: Ibc IBC Building Code Amendment, Section 107.2.5.1, Design Flood Elevations

· 9-1A-25: Ibc IBC Building Code Amendment, Add Section 107.3.3.1, Early Start Approvals

· 9-1A-26: Ibc IBC Building Code Amendment, Section 108, Temporary Structures And Temporary Uses In Structures Including Sections 108.1 Through 108.6

· 9-1A-27: Ibc IBC Building Code Amendment, Section 109.2, Schedule Of Permit Fees, Table No. 1-a, Building Permit Fee Schedule

· 9-1A-28: Ibc IBC Building Code Amendment, Section 109.4, Work Commencing Before Permit Issuance

· 9-1A-29: Ibc IBC Building Code Amendment, Add Section 109.5.1, Bonds

· 9-1A-30: Ibc IBC Building Code Amendment, Section 109.6, Fee Refunds

· 9-1A-31: Ibc IBC Building Code Amendment, Section 110.3.3, Lowest Floor Elevation

· 9-1A-32: Ibc IBC Building Code Amendment, Section 110.6, Inspection Approval Required

· 9-1A-33: Ibc IBC Building Code Amendment, Section 111.1, Use And Occupancy, Exception Deleted

· 9-1A-34: Ibc IBC Building Code Amendment, Add Section 111.1.1, Commercial Occupancy Evaluation Request

· 9-1A-35: Ibc IBC Building Code Amendment, Add Section 111.2.1, Certificate Of Completion

· 9-1A-36: Ibc IBC Building Code Amendment, Section 111.3, Temporary Occupancy

· 9-1A-37: Ibc IBC Building Code Amendment, Section 112.1, Connection Of Service Utilities

· 9-1A-38: Ibc IBC Building Code Amendment, Add Section 112.4, Authority To Disconnect Utilities For Occupancy Violations

· 9-1A-39: Ibc IBC Building Code Amendment, Section 113.1, Building Code Board Of Appeals, Add Section 113.4, Appeals To The Building Code Board Of Appeals And Add Section 113.5, Appeal Procedure

· 9-1A-40: Ibc IBC Building Code Amendment, Section 114.4, Criminal Penalties

· 9-1A-41: Ibc IBC Building Code Amendment, Section 116, Unsafe Structures And Equipment, Section 116.1, Conditions

· 9-1A-42: Ibc IBC Building Code Amendment, Sections 116.2 Through 116.5, Delete Sections On Unsafe Structures And Equipment

· 9-1A-43: Ibc IBC Building Code Amendment, Add Section 117, Upgrade Agreements

· 9-1A-44: Ibc IBC Building Code Amendment, Section 202, Definition Of Townhouse

· 9-1A-45: Ibc IBC Building Code Amendment, Section 305.2.3, Twelve Or Fewer Children In A Dwelling Unit

· 9-1A-46: IBC Building Code Amendment, Section 308.2.4, Five Or Fewer Persons Receiving Custodial Care

· 9-1A-47: IBC Building Code Amendment, Section 308.3.2, Five Or Fewer Persons Receiving Medical Care

· 9-1A-4648: Ibc IBC Building Code Amendment, Section 308.6.4, Persons Receiving Care In A Dwelling Unit

· 9-1A-4749: Ibc IBC Building Code Amendment, Section 310.5, Residential Group R-3

· 9-1A-4850: Ibc IBC Building Code Amendment, Section 310.5.1, Care Facilities Within A Dwelling

· 9-1A-4951: Ibc IBC Building Code Amendment, Section 1503.1, General Roof Covering

· 9-1A-5052: Ibc IBC Building Code Amendment, Section 1605.2, Load Combinations Using Strength Design Or Load And Resistance Factor Design, Add Exception 3

· 9-1A-5153: Ibc IBC Building Code Amendment, Section 1605.3.1, Basic Load Combinations, Add Exception 6

· 9-1A-5254: Ibc IBC Building Code Amendment, Section 1608.1, Snow Loads

· 9-1A-5355: Ibc IBC Building Code Amendment, Section 1608.2, Ground Snow Loads

· 9-1A-5456: Ibc IBC Building Code Amendment, Section 1612.3, Establishment Of Flood Hazard Areas

· 9-1A-5557: Ibc IBC Building Code Amendment, Section 1804.6, Compacted Fill Material

· 9-1A-5658: Ibc IBC Building Code Amendment, Section 1805.1.2.1, Flood Hazard Areas

· 9-1A-5759: Ibc IBC Building Code Amendment, Section 1809.5, Frost Protection

· 9-1A-58: Ibc Building Code Amendment, Section 2107.2.1, Lap Splices

· 9-1-59: Ibc Building Code Amendment, Table 2902.1, Add Footnote F

· 9-1A-60: Ibc IBC Building Code Amendment, Table 2902.1, Footnote E

· 9-1A-61: IBC Building Code Amendment, Table 2902.1, Footnote F

· 9-1A-6162: Ibc IBC Building Code Amendment, Section 3103.1, Temporary Structures, General

· 9-1A-6263: Ibc IBC Building Code Amendment, Sections 3103.1.1 Through 3103.4, Delete Sections On Temporary Structures

· 9-1A-64: IBC Building Code Amendment, Section 3113.1, Relocatable Buildings, General

· 9-1A-6365: Ibc IBC Building Code Amendment, Appendix H Signs, Section H101.2, Signs Exempt From Permits

· 9-1A-6466: Ibc IBC Building Code Amendment, Appendix H Signs, Section H102.1, Definitions

· 9-1A-6567: Ibc IBC Building Code Amendment, Appendix H Signs, Section H103.1, Location Restrictions

· 9-1A-6668: Ibc IBC Building Code Amendment, Appendix H Signs, Section H104, Identification Is Deleted In Its Entirety

· 9-1A-6769: Ibc IBC Building Code Amendment, Appendix H Signs, Section H105.1, General Requirements, Add Exception

· 9-1A-6870: Ibc IBC Building Code Amendment, Appendix H Signs, Section H105.2, Permits, Drawings And Specifications

· 9-1A-6971: Ibc IBC Building Code Amendment, Appendix H Signs, Add Section H105.2.1, Engineering

· 9-1A-7072: Ibc IBC Building Code Amendment, Appendix H Signs, Section H106.1, Illumination, and Add Exception

· 9-1A-7173: Ibc IBC Building Code Amendment, Appendix H Signs, Section H106.2, Electrical Service, and Add Exception

· 9-1A-7274: Ibc IBC Building Code Amendment, Appendix H Signs, Section H107.1.2, Electric Sign Faces Is Deleted

· 9-1A-7375: Ibc IBC Building Code Amendment, Appendix H Signs, Section H107.1.3, Area Limitation Is Deleted

· 9-1A-7476: Ibc IBC Building Code Amendment, Appendix H Signs, Section H109.1, Height Restrictions

· 9-1A-7577: Ibc IBC Building Code Amendment, Appendix H Signs, Section H109.3, Wood Anchors And Supports

· 9-1A-7678: Ibc IBC Building Code Amendment, Appendix H Signs, Section H112.4, Height Limitation Is Deleted

· 9-1A-7779: Ibc IBC Building Code Amendment, Appendix H Signs, Section H113.4, Height Limitation Is Deleted

· 9-1A-7880: Ibc IBC Building Code Amendment, Appendix H Signs, Section H114, Portable Signs Is Deleted In Its Entirety Including Table 4-a And Table 4-b

· 9-1A-7981: Ibc IBC Building Code Amendment, Appendix J Grading, Section J101.1, Scope

· 9-1A-8082: Ibc IBC Building Code Amendment, Appendix J Grading, Section J101.2, Flood Hazard Areas

· 9-1A-8183: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J101.3, Hazards

· 9-1A-8284: Ibc IBC Building Code Amendment, Appendix J Grading, Section J103.2, Exemptions

· 9-1A-8385: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.3, Fees

· 9-1A-8486: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.3.1, Grading Plan Review Fees

· 9-1-85: Ibc Building Code Amendment, Appendix J Grading, Add Table J103.3.1, Grading Plan Review Fees

· 9-1A-8687: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.3.2, Grading Permit Fees

· 9-1-87: Ibc Building Code Amendment, Appendix J Grading, Add Table J103.3.2, Grading Permit Fees

· 9-1A-88: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.4, Bonds

· 9-1A-89: Ibc IBC Building Code Amendment, Appendix J Grading, Section J105.1, General

· 9-1A-90: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.1, Registered Design Professional

· 9-1A-91: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.2, Permittee

· 9-1A-92: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.3, Building Official

· 9-1A-93: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.4, Notification Of Noncompliance

· 9-1A-94: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.5, Transfer Of Responsibility

· 9-1A-95: Ibc IBC Building Code Amendment, Appendix J Grading, Section J105.2, Special Inspections

· 9-1A-96: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.3, Final Reports

· 9-1A-97: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.3.1, Notification Of Completion

· 9-1A-98: Ibc IBC Building Code Amendment, Appendix J Grading, Section J107.5, Compaction

· 9-1A-99: Ibc IBC Building Code Amendment, Appendix J Grading, Section J109.1, General

· 9-1A-159100: Fire Sprinkler And Alternative Extinguishing Systems Permits,Plan Review,/iInspections, And Fees

· 9-1A-160101: Fire Alarm System Permits, Plan Review, Fees And Inspections, And Fees For Existing Buildings And Alarm Alterations

9-1A-1: Purpose


The purpose of this cChapter is to provide certain minimum standards and requirements to safeguard life or limb, health, property, and the public welfare by regulating and controlling the design, construction, erection, alteration, moving, demolition, quality of materials, use, occupancy, location, and maintenance of all buildings and structures, where not regulated by the One-and-Two-Family Dwelling Building Code or the Existing Building Code, in the city of Boise City. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-2: Codes Adopted


All the rules, regulations, and ordinances of a general and permanent character relating and applying to the regulation of the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures as said rules, regulations and ordinances are printed and contained in Code book form designated and entitled established by the "2015 2018 International Building Code" (IBC) including aAppendix H (Signs) and aAppendix J (Grading), and the "2012 International Residential Code" (IRC) which is hereby amended to delete chapters 1 - 11 and chapter 44 and replacing those chapters with the corresponding chapters of the "2015 International Residential Code" parts I through IV and IX, including appendix S, (Strawbale Construction) and adding appendix V (Tiny Homes), published under the authority of the International Code Council, Inc., be and the same is hereby are adopted as the Building Code of Boise City as amended, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code, shall be the rules, regulations, and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures at and within the City. A One copy of the 2018 InternationalBuilding Code of Boise City shall be on filed for use and examination by the public in the Office of the Clerk for inspection. It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the Building Code of Boise City as adopted and as may be changed, altered, or amended by the Building Code of Boise City. All provisions in this cChapter shall be effective January 1, 2018 2021. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-3: Ibc IBC Building Code Amendment, Section 101.1, Title


101.1 Title. Boise City Code
tTitle 9, cChapter 1A shall be known as the Building Code of Boise City, and hereinafter may be cited or referred to as “this Chapter” and the "this code".
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-4: Ibc IBC Building Code Amendment, Section 101.4.3, Applicable Plumbing Code


101.4.3 Plumbing. The provisions of the plumbing code as adopted and amended by the city of Boise City shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system, and all aspects of medical gas systems. The number of required plumbing fixtures shall be determined by using IBC Table 2902.1 and as per pursuant to the International Plumbing Code Sections as referenced in the tTable 2902.1. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5: Ibc IBC Building Code Amendment, Section 101.4.4, Property Maintenance Code Deleted


101.4.4 Property Maintenance Code. Deleted.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6: Ibc IBC Building Code Amendment, Add Section 101.4.8, Abatement Of Dangerous Buildings Code


101.4.8 Abatement. The provisions of the Uniform Code for the Abatement of Dangerous Buildings Code as adopted and amended by the city of Boise City and known as the Boise City Dangerous Buildings Code of Boise City shall provide a just, equitable, and practicable method to abate buildings or structures that may endanger the life, limb, health, morals, property, safety, or welfare of the general public or occupants.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7: Ibc IBC Building Code Amendment, Add Section 101.4.9, Applicable Electrical Code


101.4.9 Electrical. The provisions of the electrical code as adopted and amended by the city of Boise City shall apply to the installation of electrical systems, including alteration, repair, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-8: Ibc IBC Building Code Amendment, Section 102.6, Existing Structures


102.6 Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided for required by this code, the International Existing Building Code, or the International Fire Code, the Dangerous Buildings Code of Boise City, or as may be deemed necessary by the building official in order to protect the general safety and welfare of the general public or occupants. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-9: Ibc IBC Building Code Amendment, Section 102.6.2, Buildings Previously Occupied


102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided for required by this code, the International Existing Building Code, the International Fire Code, the Boise City Dangerous Buildings Code of Boise City, or as is may be deemed necessary by the building official in order to protect the general safety and welfare of the general public or occupants or the public. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-10: Ibc IBC Building Code Amendment, Section 103, Division Of Building Safety


Repeal section 103 in its entirety and replace with the following:

SECTION 103
DIVISION OF BUILDING SAFETY

103.1 Creation of Enforcement Agency. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the Planning and Development Services Director.

103.2 Director. The Planning and Development Services Director shall be appointed by the Mayor with the consent of the Boise City Council.

103.3 Agents. Authorized Agents of the Planning and Development Services Director shall be designated by tThe Planning and Development Services Director may designate authorized agents for the purpose of administering this code and this Chapter.

103.4 Designations. The Planning and Development Services Director shall have the authority to may designate the related technical officers, assistant building officials, inspection and plan review supervisors, plan examiners, inspectors, and other employees within the Building Division. Such employees shall have such powers and authority as delegated by the Director.

103.5 Division Manager, Building Official. The Planning and Development Services Director shall have the authority to may appoint a Division Manager to head the Building Division, which shall be also known as the building official. The assistant building officials, inspection and plan review supervisors, inspectors, plan examiners, and other employees located in the Building Division shall report to the building official.

103.6 Building Damage Assessment and Reconstruction Plan. The Planning and Development Services Director shall have the authority to may appoint the related technical officers, plans examiners, inspectors, individuals, and other representatives from supporting jurisdictions to implement a building damage assessment and reconstruction plan in the event of calamitous events either natural or man-made. Such employees shall have such powers as delegated by the Director and protections as afforded by Section 104.8.(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-11: Ibc IBC Building Code Amendment, Section 104.10.1, Flood Hazard Areas


Repeal section 104.10.1 in its entirety and replace with the following:

104.10.1 Flood hazard areas. The Floodplain Administrator shall not grant modifications to any provision required by section 1612.3 unless that modification conforms to the Variances and Appeals section in the Flood Hazard regulations of the Boise Development Code. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-12: Ibc IBC Building Code Amendment, Section 105.1.1, Annual Permit


105.1.1 Annual permit. In lieu of an individual building permit to construct, enlarge, alter, repair, or change the occupancy of a building or structure (facility) that has previously received a Certificate of Occupancy, or for alterations to an already approved electrical, gas, mechanical, or plumbing installation, the building official is, upon application, authorized to issue an annual permit upon application to any person, firm, or corporation regularly employing one or more qualified tradeperson(s) in the building, structure, or on the premises owned or operated by the applicant for the permit.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-13: Ibc IBC Building Code Amendment, Add Section 105.1.3, Facility Permitting


105.1.3 Facility Permitting. Building owners shall be eligible to enroll facilities and buildings in the Facility Permitting Program (FPP) of the Planning and Development Services Department upon approval of the Bbuilding Oofficial and/or their designee. Building permits and other trade permit applications related to projects being reviewed and inspected under this program shall be submitted to the Planning and Development Services Department in the customary manner.

The Bbuilding Oofficial or designee shall complete a preliminary review of the construction drawings that have been submitted as part of the permit application and/or inspect the future job site prior to commencement of work on the project. A limited amount of work prior to the issuance of the building permit may be authorized at the discretion of the Bbuilding Oofficial or designee. Failure to stay within the limited scope of work authorized by the Bbuilding Oofficial or designee will may result in the issuance of a stop work order and assessment of a special investigation fee equivalent to two times the actual plan review and permit fees. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-14: Ibc IBC Building Code Amendment, Section 105.2, Work Exempt From Permit


105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than one hundred and twenty (120) square feet (11 m2).

2. Fences not over exceeding seven (7) feet (2134 mm) high in height.

3. Oil derricks.

4. Retaining walls that are not over exceeding four (4) feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than thirty (30) inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

8. Temporary motion picture, television and theater stage sets, and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than twenty-four (24) inches (610 mm) deep, do not exceed 5,000 gallons (18,927 Liters), and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

11. Swings and other outdoor playground equipment.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than fifty-four (54) inches (1372 mm) from the exterior wall and do not require additional support.

13. Non-fixed and movable fixtures, cases, counters, and partitions not over exceeding five (5) feet nine (9) inches (1753 mm) in height and storage racks eight (8) feet or less in height.

14. Work with a total value of five hundred dollars ($500.00) or less.

15. 14. Utility poles when supported on grade.

16. 15. Un-manned public transit centers, one hundred twenty (120) square feet or less and not exceeding fifteen (15) feet in height, open on at least one side for the entire length of the structure, and only when located in rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls, or when located in public alleys.

17. 16. Below grade, non-occupied vault utilized in the maintenance of a public or private entity, and only when located in rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls, or when located in public alleys. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-15: Ibc IBC Building Code Amendment, Section 105.2, Deleting Subsections On Electrical, Gas, Mechanical, And Plumbing


105.2. Deleting subsections on electrical, gas, mechanical, and plumbing.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-16: Ibc IBC Building Code Amendment, Section 105.2.1, Emergency Repairs


105.2.1 Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted the next working business day or at a such time as required by the Bbuilding Oofficial.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-17: Ibc IBC Building Code Amendment, Add Section 105.2.21.1, Repairs


105.2.21.1 Repairs. Application or notice to the Bbuilding Oofficial is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition, or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-18: Ibc IBC Building Code Amendment, Section 105.3, Application For Permit


105.3 Application for permit. To obtain a permit, the applicant shall first file an application on a form furnished by the division of building safety for that purpose. Such application shall:

1. Identify and describe the work to be covered by performed under the permit for which application is made.

2. Describe the land on which the proposed work is to be done performed by parcel number, street address or similar description that will readily identify and definitely definitively locate the proposed building or work.

3. Indicate State the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work.

6. Contain the applicant or the applicant's authorized agent's signature.

7. Give Provide such other data and information as required by the Bbuilding Oofficial.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-19: Ibc IBC Building Code Amendment, Section 105.3.2, Time Limitation Of Application


105.3.2 Time Limitation of Application. Applications for which no permit is issued within 180 calendar days following the date of receipt of the application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official or designee. The building official may extend the time for action by the applicant for a period not exceeding 180 calendar days on upon request by of the applicant showing demonstrating that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than twice. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-20: Ibc IBC Building Code Amendment, Section 105.5, Expiration


105.5 Expiration. Every permit issued by the building official or designee under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one calendar year from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 calendar days.

The timeframe by which a project shall be deemed to be suspended or abandoned if no inspection has been requested shall be measured from the date of the last required inspection or if no inspection has been required then a project shall be deemed to be suspended one calendar year from the date the permit was issued.

Required inspections include: footing/foundation inspection, concrete slab or under-floor inspection, lowest floor elevation inspection, framing inspection, lath or gypsum board inspection, fire resistant penetration inspection, energy efficiency inspection, any required special inspections, final inspections and any other inspections, other than conference inspections, required by the building official. However, the building official may extend a permit when where a good faith valid delay is explained or where a reasonable effort toward code compliant work has been performed and that significant some progress has occurred towards the next stage of inspection.

a. New Permit Required After Expiration. Before work on the site can be recommenced after expiration, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit provided no changes have been made or will be made in to the original plans and specifications for such work, that the work is still possible given current conditions, and that work has not been suspended or abandoned for more than one year from the last required, recorded inspection. In such cases, a new permit shall not be issued after expiration when the original review was performed using a previously adopted code.

Exception: For all construction or structures governed only by the International Residential Code an exception exists allowing the permit to be re-issued if requested in writing. This exception applies until the City has adopted a new version of the IRC building code, then the applicant shall apply for a new permit and the plans will be subject to a new plan review process and related permit fees.

The building official shall have the authority to deny the new permit which utilizes the requirements of the expired permit unless the permittee made an effort to complete the project and for reasons beyond their control, and related to the project, resulted in suspension or abandonment of the project. The permittee must provide a written report on the current status of construction which will include a request for an extension and a timeframe for completion in order for the building official to renew the permit. The building official may also require documentation from a third party be provided by the permit applicant regarding the current state of the construction prior to issuance of a new permit.

b. Permit Extensions. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, when the permittee is unable to commence work within the time required by this section. The building official may extend the time for action by the permittee for a period not exceeding 180 calendar days on written request by the permittee with written evidence provided demonstrating that a good faith effort to complete the project has been made and that reasons beyond the control of the permittee have resulted in a delay. Under no condition shall a permit be extended more than three times, for a total maximum time of three 180 calendar day extensions. Each 180-calendar day extension must be approved individually by the building official.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-21: Ibc IBC Building Code Amendment, Add Section 105.8, Permit Transfer


105.8 Permit transfer. A building permit shall be transferable to another party if such party can provide a document signed by the original permit holder consenting to the transfer itself and all agreements and conditions incorporated into the original permit approval. A permit may also be transferred back to the property owner or owner's designated legal agent in cases where the property owner has terminated their legal relationship with their contractor or owner's designated legal agent. An clerical administrative fee for the transfer of the permit will be assessed for the work performed by city staff to facilitate the transfer. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-22: Ibc IBC Building Code Amendment, Section 107.1 And The Exceptions, Submittal Documents


Repeal section 107.1 in its entirety and replace with the following:

107.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data as required by Boise City submittal checklists shall be submitted with each application for a permit. These plans and specifications shall be prepared, signed, and sealed by an architect licensed by the State of Idaho under Section 54-309, Idaho Code, as amended.

Exceptions: Nothing contained stated above shall be held or construed to have any application to or prevent or affect the following:

1. Groups B, F1, F2, M, S1 and S2 occupancies not exceeding two (2) stories and 6,000 square feet total area may be prepared, signed, and sealed by a professional engineer licensed by the State of Idaho.

2. Buildings which are multiple living units not to exceed three (3) units.

3. Farm buildings, out buildings, or auxiliary buildings in connection with residential or farm premises.

4. Groups R-3 and U occupancies not exceeding three (3) stories in height above grade.

5. Existing interior tenant improvements, where no change of use or occupancy is occurring, not exceeding a total for the entire tenant space of 1,500 square feet for existing A, B, E, F1, F2, M, S1, and S2 occupancies.

6. Interior nonbearing partitions not exceeding sixty (60) lineal feet.

7. Minor work at the discretion of the building official.

For buildings or structures, not principally architectural, the design of which involves principally engineering considerations, the plans and specifications may be prepared, signed and sealed by a professional engineer licensed by the State of Idaho and qualified in the engineering specialty involved.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-23: Ibc IBC Building Code Amendment, Add Section 107.2.1.1, Food-products Preparation Or Sales


107.2.1.1 Food-Products preparations or sales. Plans and specifications to construct, build, repair, or alter a building or structure wherein foods, food products, or beverages are prepared, manufactured, concocted, or stored for either sale at retail or wholesale shall be submitted to and approved by Central District Health prior to applying for a building permit for paper submittal.

For the purpose of this subsection, the term foods, food products, or beverages shall mean and include all articles used for food, drink, confectionery, or condiment, whether simple, mixed or compound, and all substance or ingredients used in the preparation thereof for human consumption.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-24: Ibc IBC Building Code Amendment, Section 107.2.56.1, Design Flood Elevations


107.2.56.1 Design Flood Elevations. All construction within flood hazard areas shall be designed and constructed in accordance with the Flood Hazard regulations of the Boise Development Code in addition to this code. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 of this code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-25: Ibc IBC Building Code Amendment, Add Section 107.3.3.1, Early Start Approvals


107.3.3.1 Early start approvals. The building official may issue an early start permit for construction within an existing building before construction documents for the entire structure have been reviewed for compliance with this code. The building official may only issue an early start permit for projects where the work being performed in existing buildings and involving nonstructural interior framing for retail, office, or warehouse uses with for the storage of non-hazardous materials. The building official may issue an early start permit for other occupancies and uses when he/she deems such work to be appropriate and necessary to maintain building safety requirements while expediting construction schedules.

An early start permit authorizes the permit holder to proceed with construction within a limited scope of work as defined by the building official or his/her designee. The early start permit shall be issued in addition to the building permit which authorizes the whole remodel, alteration, or repair. Fees shall be collected for this permit based on the hourly plan review administrative activities fee found within the provisions of the Boise City Building Code fFee sSchedule as adopted by the City Council in Table No. 1-A contained in this code and pursuant to policies set by the Planning and Development Services Department. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-26: Ibc IBC Building Code Amendment, Section 108, Temporary Structures And Temporary Uses In Structures Including Sections 108.1 Through 108.6


Repeal section 108 in its entirety and replace with the following:

108.1 Uses in temporary structures. Temporary structures with uses for 180 calendar days or less in duration shall be regulated by the fire code official and the Planning Director or his/her designee.

108.2 Temporary uses in permanent structures. The building official is authorized to issue a temporary use permit for temporary uses in permanent structures when the duration of the use will extend beyond 30 calendar days but is less than or equal to 180 calendar days. Permanent structures having temporary uses of 30 calendar days or less in duration shall be subject to approval and permit by the fire code official.

108.3 Regulation of permanent and temporary structures with overnight sleeping areas utilized for less than 180 calendar days. The building official is authorized, in conjunction with the fire code official, to issue permits for uses in temporary and permanent structures with overnight sleeping areas when such uses have a limited duration of 180 calendar days or less. The building official is authorized to grant permit extensions for good cause. A temporary use permit shall not be issued when the building code official determines that the potential hazards of the use cannot be mitigated.

108.4 Conformance. Temporary structures and uses shall conform to the structural strength, fire, safety, means of egress, accessibility, light ventilation, and sanitary requirements of this code as necessary to ensure public health, safety, and general welfare. The building code official is authorized to approve alternative temporary methods of achieving minimum code compliance when evaluating temporary uses in temporary and permanent structures.

108.5 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat, or power in NFPA 70 the electrical code as adopted by the city of Boise City.

108.6 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-27: Ibc IBC Building Code Amendment, Section 109.2, Schedule Of Permit Fees, Table No. 1-a, Building Permit Fee Schedule


109.2 Schedule of permit fees. Building permit fees shall be assessed in accordance such amounts with the provisions of the Boise City Building Code Fee Schedule as established adopted by the City Council, which will be kept on file at the Planning and Development Services permit counter, Boise City Clerk's office, or on the Planning and Development Services website. All building permit fees shall be reviewed by the Building Code Board prior to adoption by City Council.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

9-1A-28: Ibc IBC Building Code Amendment, Section 109.4, Work Commencing Before Permit Issuance


109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a special investigation that shall be made before a permit may be issued for such work.

A special investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The special investigation fee shall be equal to the amount of the permit fee required by this code. The minimum special investigation fee shall be the same as the minimum fee set forth in accordance with the provisions of the Boise City Building Code fFee sSchedule as adopted by the City Council in Table No. 1-A contained in this code. The payment of such special investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-29: Ibc IBC Building Code Amendment, Add Section 109.5.1, Bonds


109.5.1 Bonds. The building official may require bonds in such forms and amounts as he/she deems deemed necessary to ensure the mitigation of hazardous conditions resulting from abandoned excavation occurring in conjunction with the construction of large new structures, beneath large structures, or on projects having unique site conditions. The building official shall cash the bond and the proceeds from the posted bond shall be used to correct or eliminate hazardous conditions on the site when the permit applicant fails to complete work in accordance with approved plans, specifications, and permits.

In lieu of a surety bond, the building official may allow the applicant to post a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. The bond shall ensure that sufficient funds are available to repay the city of Boise City for any expenditure incurred by the City for the protection or removal of property, both real and personal. The bond shall further ensure the property is in a proper and safe condition, that all combustible and non-combustible materials are removed, and that any remaining excavation is filled.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-30: Ibc IBC Building Code Amendment, Section 109.6, Fee Refunds


109.6 Fee Refunds. The building official may authorize a refund of any fee paid hereunder which was erroneously paid or collected. The building official shall not authorize the refund of any fee, except upon written request by the original permittee or owner's representative made not later than 180 calendar days after payment.

The building official may authorize a refund of any fee paid which was erroneously paid or collected.


The Bbuilding Oofficial may authorize a refund of 100 percent of the permit fee less any administrative activity fees, paid when no work has been done commenced under a permit issued in accordance with this code.

The building official may authorize a refund of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

Third-party processing fees shall not be refunded.

The building official shall not authorize a refund of any fee paid except on written application filed by the original permittee or owner's representative not later than 180 days after the date of fee payment.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-31: Ibc IBC Building Code Amendment, Section 110.3.3, Lowest Floor Elevation


110.3.3 Lowest Floor Elevation. In addition to the initial elevation certificate required at time of permit application in flood hazard areas, upon placement of the lowest floor, including the basement, a second elevation certification required in the Flood Hazard regulations of the Boise Development Code and Section 1612.54 shall be submitted to the building official or designee prior to the request for a framing inspection.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-32: Ibc IBC Building Code Amendment, Section 110.6, Inspection Approval Required


110.6 Approval required. Work shall not be performed beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official or designee, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or agent of the permit holder where the work fails to comply with this code. Any work or portion thereof that does not comply shall be corrected and shall not be covered or concealed until authorized by the building official. A final inspection and approval is required upon completion and prior to occupancy and use of all buildings and structures. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-33: Ibc IBC Building Code Amendment, Section 111.1, Use And Change of Occupancy, Exception Deleted


111.1 Use And Change of Ooccupancy. Exception is deleted.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-34: Ibc IBC Building Code Amendment, Add Section 111.1.1, Commercial Occupancy Evaluation Request


111.1.1 Commercial occupancy evaluation request. Where no work requiring a building permit is occurring and a commercial tenant lacks a certificate of occupancy, desires to obtain a certificate of occupancy or is required to obtain a certificate of occupancy from a department of the City, the Division of Building Safety shall create a permit application with a review and inspection process in order to issue a new certificate of occupancy. A fee shall be charged in accordance with the fee schedule in Table No. 1-A of this code provisions of the Boise City Building Code Fee Schedule, as adopted by the City Council, for services to establish a certificate of occupancy.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-35: Ibc IBC Building Code Amendment, Add Section 111.2.1, Certificate Of Completion


111.2.1 Certificate of Completion. A Certificate of Completion may be issued in lieu of a Certificate of Occupancy when the scope of work of a permit does not affect, alter, or change the occupant load, occupancy group, or occupancy use classification of a tenant space, structure, or portion of a structure. The work described within the scope of work of a permit is deemed to be complete and in substantial compliance by the Planning and Development Services Department with adopted building codes when a final inspection has occurred and a Certificate of Completion has been issued.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-36: Ibc IBC Building Code Amendment, Section 111.3, Temporary Occupancy


111.3 Temporary occupancy. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a tTemporary cCertificate of oOccupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. A temporary occupancy shall may be issued for up to 90 calendar days. Multiple time extensions of a maximum of 90 calendar days each may be granted when requested in writing to the building official when a good faith reasonable effort is demonstrated by the permit holder. In no case shall a temporary occupancy extend beyond two (2) years, unless the building official finds extenuating circumstances. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-37: Ibc IBC Building Code Amendment, Section 112.1, Connection Of Service Utilities


112.1 Connection of service utilities. Final inspection and approval is required upon completion of work and prior to occupancy or use of all buildings and structures for connection of service utilities. Lack of building official approval may result in the termination of utility services to said building or structure and prosecution under IBC Section 114.3 and the penalty provisions of this code. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-38: Ibc IBC Building Code Amendment, Add Section 112.4, Authority To Disconnect Utilities For Occupancy Violations


112.4 Authority to disconnect utilities for occupancy violations. Whenever any building, structure, or equipment therein regulated by this code is being used contrary to the provisions of this code or other laws which are enforced by the city of Boise City, the building official may order such use discontinued and the structure, or portion thereof, vacated, and the utility services disconnected by notice served on any person causing such use to be continued. Such person shall discontinue the use or make the structure or portion thereof comply with the requirements of this code or other laws which are enforced by the city of Boise City, within thirty (30) calendar days of receipt of such notice or as required by the building official. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-39: Ibc IBC Building Code Amendment, Section 113.1, Building Code Board Of Appeals, Add Section 113.4, Appeals To The Building Code Board Of Appeals And Add Section 113.5, Appeal Procedure


113.1 Building code board of appeals. In order to hear and decide appeals of orders, decisions, or determinations made by the building official with respect to the application and interpretation of this code, there shall be and There is hereby created a Building Code Board of Appeals hereinafter referred to as “the Board” which shall be composed consisting of ten (10) members and shall be appointed by the Mayor by and with the advice and consent of the City Council. including: Members of the Board shall include at least three (3) Idaho registered engineers; three (3) Idaho licensed architects; three (3) Idaho registered building contractors and one (1) person who owns or operates a fire sprinkler business, and are qualified by experience and training to pass upon matters pertaining to building construction, all of whom shall not be employees of the city of Boise City. Any member of the Board that fails to maintain a valid Idaho license or registration for their respective profession, shall be disqualified from serving on the Board.

Boise City residency of Aat least five (5) of the members is required shall be residents of the city of Boise City. Members not residing in Boise City must reside within Ada County and transact conduct business in Boise City. The terms of office shall be four (4) years and if a vacancy occurs during an unexpired term, then the Mayor with the consent of the City Council shall appoint a member to fill the unexpired term. The Board shall select one of its members as Chair. Members of the Board shall serve and act without compensation except that their actual and necessary expenses may be allowed by the City Council. The Secretary, who is hereby designated to be the building official or designated representative, shall keep a record of all meetings, appeals, hearings, and proceedings of the Board and shall perform all services that may otherwise be required.

The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed for a term of four (4) years by the governing body and shall hold office at the pleasure of the Mayor and Boise City Council. The board may adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

BOARD DUTIES

It shall be the responsibility and duty of the Board:

1. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, which may govern the design, construction, installation, improvement, expansion, alteration, or repair of buildings or structures.

2. To recommend and submit to the Mayor and City Council any proposed standards for the quality and type of materials, fixtures, appliances, and devices use in, design or construction of buildings or structures.

3. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, prescribing the standards and procedures for reviewing and inspecting buildings or structures.

4. To review upon written request, the administration and enforcement of the minimum standards, codes, regulations, procedures, and fees required by this Chapter, or other applicable Chapters, including appeals of any interpretations of this Chapter, or other applicable Chapters, or decisions made by the building official under this Chapter.

5. To also serve in capacity as the Fire Code Board of Appeals with the same authority, duties, process, and standard of review with the fire code official in place of the building official.

113.4 APPEALS TO THE BUILDING CODE BOARD OF APPEALS

A. APPLICATION FOR APPEAL PROCESS

Any permit 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 building code provisions as required by this code Chapter may appeal that decision by filing notice in writing with the City within ten (10) calendar days. thereafter, request an appeal by filing notice in writing with the building official. The building official or designee shall deliver such notice to the board. The appeal hearing shall be held within thirty (30) calendar days of receipt of the notice of appeal or as otherwise agreed upon by parties to the appeal and the City. At the hearing the bBoard may, by a majority vote, affirm, annul reverse or modify the action of the City. If the actions of the City are modified or annulled reversed, a permit shall be issued in accordance with the determination decision of the bBoard.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

B. STANDARD OF REVIEW

The Board may: (1) modify or impose an alternative to requirements to those contained within this Chapter only when the appellant demonstrates that the requirements of this Chapter are impracticable and demonstrates that the modification or alternative provides at least an equivalent level of safety to that required under this Chapter, or (2) determines that the City erred in its interpretation or application of the code provisions.

B. C. APPEAL FEE

Any person appealing a decision of the City shall include payment of an appeal fee in an amount established specified in the Boise City Building Code Fee Schedule as adopted by the Boise City Council. and listed on the most current fee schedule. In the event that the decision of the building official is reversed appellant prevails, then the appeal fee shall be refunded returned to the aAppellant.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

C. D. APPEAL TO CITY COUNCIL

Any order, decision, or ruling of the bBoard may be appealed, by filing notice in writing to the Boise City Council within ten (10) calendar days of such order, decision, or ruling.

113.5 APPEAL PROCEDURE

The Building Code Board of Appeals may receive all evidence on appeal, in accordance with the following procedure:

A. The building official or designee shall first present background information on the appeal project in question, including relevant code sections and their interpretation and other information related to the activities or work performed related to the appeal. The bBoard may ask questions during or after each presentation.

B. Applicant The Appellant shall be allowed to may then present any information relevant to the appeal or applicable code sections to support a reversal of the building official's decision. The aAppellant shall have up to twenty (20) minutes to present such evidence.

C. The cChair shall next 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 building official or designee shall be allowed up to ten (10) minutes for rebuttal and any final comments.

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

F. The Chairman of the board may allocate equivalent may grant additional time to the applicant Appellant and the Bbuilding Oofficial or his designee if the additional time would aid the Board in its decision provided that both the Appellant and the building official receive an equal amount of time each clarity of the issue at hand can be enhanced by receiving additional testimony.

G. Following the hearing, the bBoard may deliberate and render a final decision by a roll 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 within fifteen (15) calendar days in order to make or render a final decision. The final decision shall be in writing and with a copy provided to the aAppellant and any parties of record within ten (10) calendar days of rendering a final decision on the appeal. The decision by the bBoard may be appealed to the Boise City Council within ten (10) calendar days following the date of issuance of a written decision.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-40: Ibc IBC Building Code Amendment, Section 114.4, Criminal Penalties


Repeal sSection 114.4 in its entirety and replace with the following:

114.4 Criminal Penalties. Any person, firm or corporation violating the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

A. In the discretion of the building official, the City may charge the offender with an infraction in lieu of a misdemeanor. The infraction shall be payable by a fine of three hundred dollars ($300.00). There shall be no right to a trial by jury for an infraction citation or complaint.

B. For purposes of trial by court or jury, the infraction described within this section shall not constitute a lesser included offense for any misdemeanor citation or complaint.

C. A prosecuting attorney may reduce a misdemeanor charge under this cChapter to an infraction as described herein, payable by a $300 fine, if the defendant engages in corrective actions resulting in fully completed and permitted work.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-41: Ibc IBC Building Code Amendment, Section 116, Unsafe Structures And Equipment, Section 116.1, Conditions


116.1 Conditions. Structures or existing equipment deemed unsafe shall be taken down and removed or made safe in accordance with provisions of the Uniform Code for the Abatement of Dangerous Buildings as adopted by the Dangerous Buildings Code of Boise City.

Notwithstanding any other provision of this code, whenever, in the opinion of the code building official, there is an imminent danger due to an unsafe condition, the code building official shall have authority to summarily order temporary safeguard work to be performed in order to render the structure temporarily safe or to warn the public of the dangerous condition. The temporary safeguard work required may include, but shall not be limited to placement of placards or signage, erecting barrier tape, barricades, or fencing, securing openings, or other means as the code building official deems necessary to address such emergency. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-42: Ibc IBC Building Code Amendment, Sections 116.2 Through 116.5, Delete Sections On Unsafe Structures And Equipment


116.2 Through 116.5. Delete sections on unsafe structures and equipment.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-43: Ibc IBC Building Code Amendment, Add Section 117, Upgrade Agreements


117 Upgrade Agreements. The building official and fire code official shall have the discretion to enter into building upgrade agreements on behalf of the City in order to achieve code compliance. Building upgrade agreements shall be in writing and signed and notarized by the building owner(s). Any upgrade agreements that exceed one year in length shall be recorded with the Ada County Assessor's Office.

The building official shall make the determination as to whether a bond shall be required. The amount of this bond shall be determined by the City and in the amount needed to accomplish perform the work as described in the upgrade agreement. An upgrade agreement shall not extend beyond three years in duration.

All upgrade agreements shall include the following items:

a. The remaining scope of work that shall must be completed to fulfill the terms of the upgrade agreement;

b. The applicable building permit number(s);

c. An expiration date or date of completion of the agreement;

d. The parcel number(s) and address;

e. A description of the type and expiration of any bonding instrument (where applicable);

f. Other methods for assuring completion of the scope of work;
g. Signature of the owner(s), Bbuilding Oofficial and/or Ffire Ccode Oofficial all contained on the original notarized agreement (no copies);
h. A statement acknowledging the following possible consequences for failure of the tenant and/or building owner to complete the terms of the upgrade agreement within the time frame found in the agreement;

i. Revocation of the occupancy certificate of the tenant(s) in said structure;

ii. Utilization of the bond originally posted by the permit applicant by the City to complete the remaining work outlined in the upgrade agreement;

iii. Assessment of penalties and or issuance of misdemeanor citations by the City for failure to complete the work described within the agreement by the expiration date of the agreement; and/or the institution of a fire watch or any other appropriate method deemed necessary by the City to complete the work outlined in the upgrade agreement.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-44: Ibc IBC Building Code Amendment, Section 202, Definition Of Townhouse


TOWNHOUSE. A single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two sides.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-45: Ibc IBC Building Code Amendment, Section 305.2.3, Twelve Or Fewer Children In A Dwelling Unit


305.2.3 Twelve or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-46: IBC Building Code Amendment, Section 308.2.4, Five Or Fewer Persons Receiving Custodial Care


308.2.4 Five or fewer persons receiving custodial care. A facility with five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.

9-1A-47: IBC Building Code Amendment, Section 308.3.2, Five Or Fewer Persons Receiving Medical Care


308.3.2 Five or fewer persons receiving medical care. A facility with five (5) or fewer persons receiving medical care shall be classified as a Group R-3 occupancy.

9-1A-4648: Ibc IBC Building Code Amendment, Section 308.65.4, Persons Receiving Care In A Dwelling Unit


308.65.4 Persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving day care or having five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-4749: Ibc IBC Building Code Amendment, Section 310.54, Residential Group R-3


310.54 Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, E or I, including:

Buildings that do not contain more than two (2) dwelling units;

Care facilities that provide accommodations for five (5) or fewer persons receiving personal care, custodial care or medical care;

Boarding houses (non-transient) with 16 or fewer occupants;

Boarding houses (transient) with 10 or fewer occupants;

Care facilities that provide accommodations for five or fewer persons receiving care;

Congregate living facilities (non-transient) with sixteen (16) or fewer occupants;:

Boarding houses (non-transient)

Convents

Dormitories

Fraternities and sororities

Monasteries


Congregate living facilities (transient) with ten (10) or fewer occupants;:

Boarding houses (transient)

Dwelling units providing day care for twelve (12) or fewer children; or

Lodging houses (transient) with five (5) or fewer guest rooms and ten (10) or fewer occupants.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-4850: Ibc IBC Building Code Amendment, Section 310.54.1, Care Facilities Within A Dwelling


310.54.1 Care facilities within a dwelling. Care facilities for twelve (12) or fewer children receiving day care or for five (5) or fewer persons receiving personal care or custodial care that are within a singleone-or-two-family dwelling are permitted to comply with the International Residential Code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-4951: Ibc IBC Building Code Amendment, Section 1503.1, General Roof Covering


1503.1 General. Roof decks shall be covered with approved roof coverings secured to the building or structure in accordance with the provisions of this chapter. Roof coverings shall be designed, installed, and maintained in accordance with this code and the approved manufacturer's installation instructions such that the roof covering shall serve to protect the building or structure. Roof covering requirements for hillside and Wildland Urban Interface areas shall be regulated by the Fire Prevention Code of the Boise City Municipal Code. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5052: Ibc IBC Building Code Amendment, Section 1605.2, Load Combinations Using Strength Design Or Load And Resistance Factor Design, Add Exception 3


Add exception 3 to section 1605.2 as follows:

3. In Equation 16-3, the snow load S shall be calculated using pm as defined in Section 1608.1. For other load combinations involving snow loads, S shall be calculated using flat roof snow load (pf) or sloped roof snow load (ps) as defined in ASCE 7.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5153: Ibc IBC Building Code Amendment, Section 1605.3.1, Basic Load Combinations, Add Exception 6


Add exception 6 to section 1605.3.1 as follows:

6. In Equation 16-10, the snow load S shall be calculated using pm as defined in Section 1608.1. For other load combinations involving snow loads, S shall be calculated using flat roof snow load (pf) or sloped roof snow load (ps) as defined in ASCE 7.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5254: Ibc IBC Building Code Amendment, Section 1608.1, Snow Loads


1608.1 General. Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the design roof load, regardless of roof slope, shall not be less than a uniform snow load of pm = 25 psf. This minimum roof snow load is a separate load case. It need not be used in determining or in combination with drift, sliding, unbalanced, rain-on-snow surcharge, or partial loads. These loads shall be considered as required by ASCE 7 and IBC section 1608.2 as amended. See Figure A showing two examples of required load cases.

FIGURE A

A close up of a map

Description automatically generated


(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5355: Ibc IBC Building Code Amendment, Section 1608.2, Ground Snow Loads


1608.2 Ground snow loads. The ground snow load shall be pg = 20 psf.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5456: Ibc IBC Building Code Amendment, Section 1612.3, Establishment Of Flood Hazard Areas


1612.3 Establishment of flood hazard areas. All construction within flood hazard areas as defined by the Flood Hazard regulations of the Boise Development Code shall be designed and constructed in accordance with that ordinance in addition to this code. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Boise City" with date of issuance, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. First Floodplain Ordinance for the City of Boise City became effective December 12, 1983. Flood Insurance Study (FIS) February 19, 2003 June 19, 2020. Panel numbers (all with a date of 2/19/2003 June 19, 2020) are: 0160 H J, 0161 H J, 0162 H J, 0166 H J, 0167 H J, 0169 H J, 0178 H J, 0186 H J, 0187 H J, 0188 H J, 0189 H J, 0193 H J, 0254 H J, 0258 H J, 0259 H J, 0265 H J, 0267 H J, 0270 H J, 0276 H J, 0277 H J, 0281 H J, 0282 H J, 0283 H J, 0284 H J, 0286 H J, 0287 H J, 0291 H J, 0295 H J, 0305 H J, 0315 H J. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5557: Ibc IBC Building Code Amendment, Section 1804.6, Compacted Fill Material


1804.6 Compacted fill material. Where foundations will bear on compacted fill material, the compacted fill shall comply with the provisions of an approved geotechnical report, as set forth in Section 1803.

Exception: Compacted fill material 12 inches in depth or less need not comply with an approved report, provided the in-place dry density is not less than 95 percent of the maximum dry density at optimum moisture content determined in accordance with ASTM D 1557. The compaction shall be verified by special inspection in accordance with Section 1705.6.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5658: Ibc IBC Building Code Amendment, Section 1805.1.2.1, Flood Hazard Areas


1805.1.2.1 Flood hazard areas. All construction within flood hazard areas as defined by Flood Hazard regulations of the Boise Development Code shall be designed and constructed in accordance with that ordinance in addition to this code. For buildings and structures in flood hazard areas as established in Section 1612.3, the finished ground level of an under-floor space such as a crawl space shall be equal to or higher than the outside finished ground level on at least one side.

Exception: Under-floor spaces of Group R-3 buildings that meet the requirements of FEMA TB 11.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-5759: Ibc IBC Building Code Amendment, Section 1809.5, Frost Protection


Item number one of section 1809.5 shall be amended as follows:

1. Extending below or equal to the frost line of 24 inches below finished grade;
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1-58: Ibc Building Code Amendment, Section 2107.2.1, Lap Splices


The last paragraph of section 2107.2.1 Lap splices, shall read as follows:

In regions of moment where the design tensile stresses in the reinforcement are greater than 80 percent of the allowable steel tension stress, Fs, the lap length of splices shall be increased not less than 50 percent of the minimum required length, but need not be greater than 72 db. Other equivalent means of stress transfer to accomplish the same 50 percent increase shall be permitted. Where epoxy coated bars are used, lap length shall be increased by 50 percent. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1-59: Ibc Building Code Amendment, Table 2902.1, Add Footnote F


Add footnote (f) in the header row of the table column labeled "Drinking Fountains" of table 2902.1 Minimum Number of Required Plumbing Fixtures, and add footnote (f) under table 2902.1 to state the following:

f. Drinking fountains are not required for an occupant load of thirty (30) or fewer.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-60: Ibc IBC Building Code Amendment, Table 2902.1, Footnote E

Delete footnote (e) under Table 2902.1 Minimum Number of Required Plumbing Fixtures, and replace with the following:


e. For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-61: IBC Building Code Amendment, Table 2902.1, Footnote F


Delete footnote (f) from Table 2902.1 Minimum Number of Required Plumbing Fixtures, add footnote (f) in the header row of the table column labeled "Drinking Fountains", and add footnote (f) under table 2902.1 to state the following:

f. Drinking fountains are not required for an occupant load of thirty (30) or fewer.

9-1A-6162: Ibc IBC Building Code Amendment, Section 3103.1, Temporary Structures, General


3103.1 General. Temporary structures with uses for 180 calendar days or less in duration shall be regulated by the fire code official and the Planning Director of the Planning and Development Services Department. Those erected for a longer period of time shall comply with the applicable sections of this code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6263: Ibc IBC Building Code Amendment, Sections 3103.1.1 Through 3103.4, Delete Sections On Temporary Structures


3103.1.1 Through 3103.4. Delete sections 3103.1.1 through 3103.4.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-64: IBC Building Code Amendment, Section 3113.1, Relocatable Buildings, General


3113.1 General. The provisions of this Section shall apply to relocatable buildings. Relocatable buildings manufactured after the effective date of this code shall comply with the applicable provisions of this code; Title 39, Chapter 43, of Idaho Code; and IDAPA 24.39.31.

Exception:This section shall not apply to manufactured housing used as dwellings.

9-1A-6365: Ibc IBC Building Code Amendment, Appendix H Signs, Section H101.2, Signs Exempt From Permits


Section H101.2 shall be repealed and replaced with the following:

H101.2 Signs exempt from permits. The following signs are exempt from the requirements to obtain a building permit before erection:

1. The changing of the advertising copy on a painted or printed sign, theater marquees, and similar signs specifically designed for the use of replaceable copy.

2. Signs painted on buildings, fences, or walls shall be exempted from obtaining a building permit.

3. Permanent signs supported by the building or structure that are less than or equal to 32 square feet which are non-illuminated and project less than or equal to three (3) feet from the building or structure face.

4. Permanent pole or ground signs that are less than seven (7) feet to the top edge of the sign.

5. Temporary signs. Temporary signs must comply with Boise Development Code.

6. Any sign less than four (4) square feet.

7. Signs erected by transportation authorities.

These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6466: Ibc IBC Building Code Amendment, Appendix H Signs, Section H102.1, Definitions


The following definitions shall be amended as follows:

DISPLAY SIGN. The area made available by the sign structure for the purpose of displaying the advertising message. Defined as "Sign Area" in the Boise Development Code.

GROUND SIGN. A billboard or similar type of sign which is supported by one or more uprights, poles, or braces in or upon the ground other than a combination sign or pole sign, as defined by this code. Regulated as a "Poster Panel and Bulletin Panel Off-Premises Signs" in the Boise Development Code.

POLE SIGN. A sign wholly supported by a sign structure in the ground. Defined as "Free Standing Sign" in the Boise Development Code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6567: Ibc IBC Building Code Amendment, Appendix H Signs, Section H103.1, Location Restrictions


H103.1 Location restrictions. Signs shall not be erected, constructed or maintained so as to not obstruct any fire escape, any window, door or opening required or used as a means of egress which would prevent free passage from one part of a roof to any other part thereof. A sign shall not be attached in any form, shape, or manner to a fire escape, nor be placed in such manner as to interfere with any opening required for ventilation. All sign locations must comply with the Boise Development Code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6668: Ibc IBC Building Code Amendment, Appendix H Signs, Section H104, Identification Is Deleted In Its Entirety


H104 Identification. Deleted in its entirety.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6769: Ibc IBC Building Code Amendment, Appendix H Signs, Section H105.1, General Requirements, Add Exception


H105.1 General Requirements. Signs shall be designed and constructed to comply with the provisions of this code for use of materials, loads, and stresses.

Exception: Where Chapter 17 Special Inspections and Tests requires periodic special inspections for all post-installed concrete anchors, installation of signs utilizing these types of anchors will be considered minor in nature and not require periodic special inspection when acting primarily in shear and utilizing less than 50% of the allowable loading when tested in accordance with ACI 318.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6870: Ibc IBC Building Code Amendment, Appendix H Signs, Section H105.2, Permits, Drawings And Specifications


H105.2 Permits, drawings, and specifications. Where a permit is required, as provided in Chapter 1, construction documents shall be required. These documents shall show the dimensions, material, and required details of construction, including loads, stresses, and anchors. Plans and documents shall be submitted and include information as required by the applicable Boise City submittal checklist.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-6971: Ibc IBC Building Code Amendment, Appendix H Signs, Add Section H105.2.1, Engineering


H105.2.1 Engineering. Submittal documents must include structural drawings and structural calculations stamped and signed by an Idaho licensed engineer.

Exception: Engineering is not required for wall signs mounted flush against the wall with anchorage that can easily be verified as adequate.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7072: Ibc IBC Building Code Amendment, Appendix H Signs, Section H106.1, Illumination, and Add Exception


H106.1 Illumination. A sign shall not be illuminated by other than electrical means, and electrical devices and wiring shall be installed in accordance with the requirements of NFPA 70, National Electrical Code, and the International Energy Conservation Code. Any open spark or flame shall not be used for display purposes unless specifically approved by the building official and/or fire code official.

Exception: Replaced signs on existing branch circuits do not need to comply with the controls of the Energy Conservation Code of Boise City when approved by the Electrical Inspection Supervisor or designee.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7173: Ibc IBC Building Code Amendment, Appendix H Signs, Section H106.2, Electrical Service, and Add Exception


H106.2 Electrical service. Signs that require electrical service shall comply with NFPA 70, National Electric Code, and the International Energy Conservation Code.

Exception: Replaced signs on existing branch circuits do not need to comply with the controls of the Energy Conservation Code of Boise City when approved by the Electrical Inspection Supervisor or designee.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7274: Ibc IBC Building Code Amendment, Appendix H Signs, Section H107.1.2, Electric Sign Faces Is Deleted


H107.1.2 Electric Sign Faces. Deleted.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7375: Ibc IBC Building Code Amendment, Appendix H Signs, Section H107.1.3, Area Limitation Is Deleted


H107.1.3 Area Limitation. Deleted.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7476: Ibc IBC Building Code Amendment, Appendix H Signs, Section H109.1, Height Restrictions


H109.1 Height restrictions. The structural frame of ground signs shall not be erected of combustible materials to a height of more than forty (40) feet above the ground. Ground signs constructed entirely of noncombustible material shall not be erected to a height of greater than one hundred (100) feet above the ground. Greater heights are permitted where approved and located so as not to create a hazard or danger to the public.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7577: Ibc IBC Building Code Amendment, Appendix H Signs, Section H109.3, Wood Anchors And Supports


H109.3 Wood anchors and supports. Where wood anchors or supports are embedded in the soil, the wood shall be pressure treated with an approved preservative and shall have approved corrosion resistant steel or galvanized mechanical connectors.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7678: Ibc IBC Building Code Amendment, Appendix H Signs, Section H112.4, Height Limitation Is Deleted


H112.4 Height Limitation. Deleted.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7779: Ibc IBC Building Code Amendment, Appendix H Signs, Section H113.4, Height Limitation Is Deleted


H113.4 Height Limitation. Deleted.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7880: Ibc IBC Building Code Amendment, Appendix H Signs, Section H114, Portable Signs Is Deleted In Its Entirety Including Table 4-a And Table 4-b


H114 Portable Signs. Deleted in its entirety, including table 4-A and table 4-B.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-7981: Ibc IBC Building Code Amendment, Appendix J Grading, Section J101.1, Scope


J101.1 Scope. The purpose of this appendix cChapter is to safeguard life, safety, property, or and the public welfare by regulating grading, excavation, and earthwork construction, including fills and embankments on private and public property. Where a conflicts occurs between the technical requirements of this cChapter and the geotechnical report, the geotechnical report shall govern. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-8082: Ibc IBC Building Code Amendment, Appendix J Grading, Section J101.2, Flood Hazard Areas


J101.2 Flood hazard areas. The provisions of this cChapter shall not apply to grading, excavation, and earthwork construction, including fills and embankments, in floodways within flood hazard areas established in the Flood Hazard regulations of the Boise Development Code or section 1612.3 of this code. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-8183: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J101.3, Hazards


J101.3 Hazards. Whenever the building official determines that an existing excavation, or embankment, or fill on private a property has become a safety hazard, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of written notice from the building official, shall within the period specified therein repair or eliminate such excavation, or embankment, or fill to eliminate the hazard and bring the subject property into conformance with any applicable codes. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-8284: Ibc IBC Building Code Amendment, Appendix J Grading, Section J103.2, Exemptions


J103.2 Exemptions. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing, or stockpiling rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stress upon the soil of adjoining properties.

7. Exploratory excavations performed under the direction of a registered design professional.

8. Fills not intended to support structures.

9. Fills less than one (1) foot in depth.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other law or ordinance of this jurisdiction.

(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-8385: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.3, Fees


J103.3 Fees. Fees shall be assessed in accordance with the provisions of this section and shall be as set forth in the fee schedules tables outlined in Table J103.3.1, Grading Plan Review Fees, and Table J103.3.2, Grading Permit Fees, contained in the Boise City Building Code Fee Schedule as adopted by the City Council this chapter. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-8486: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.3.1, Grading Plan Review Fees


J103.3.1 Grading Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the fee schedule table outlined in Table J103.3.1, Grading Plan Review Fees, contained in the Boise City Building Code Fee Schedule as adopted by the City Council this chapter. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1-85: Ibc Building Code Amendment, Appendix J Grading, Add Table J103.3.1, Grading Plan Review Fees


Table J103.3.1 Grading Plan Review Fees. Grading plan review fees shall be in an amount established by the Boise City Council and listed on the most current fee schedule. (Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

9-1A-8687: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.3.2, Grading Permit Fees


J103.3.2 Grading Permit Fees. A fee for each grading permit shall be paid as set forth in the fee schedule table outlined in Table J103.3.2, Grading Permit Fees, contained in the Boise City Building Code Fee Schedule as adopted by the City Council this chapter. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1-87: Ibc Building Code Amendment, Appendix J Grading, Add Table J103.3.2, Grading Permit Fees


J103.3.2 Grading Permit Fees. Grading permit fees shall be in an amount established by the Boise City Council and listed on the most current fee schedule.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

9-1A-88: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J103.4, Bonds


J103.4 Bonds. The building official may require bonds in such form and amounts as deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate adverse conditions.

In lieu of a surety bond, the building official may allow the applicant to post a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-89: Ibc IBC Building Code Amendment, Appendix J Grading, Section J105.1, General


J105.1 General. Grading operations for which a permit is required shall be subject to inspection by the building official or designee as governed by Section 110 of this code and in accordance with sections J105.1.1 through J105.3.1. Professional inspection of grading operations shall be provided by the registered design professional retained to provide such services for engineered grading and as required by the building official for regular grading. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-90: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.1, Registered Design Professional


J105.1.1 Registered Design Professional. The registered design professional shall provide professional inspection within his or her technical specialty, which shall consist of observation and review as to the establishment of line, grade, surface drainage of the development area, observation during grading and testing for required compaction, and professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the applicable requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the building official and the registered design professional. If revised plans are required during the course of the work they shall be prepared by the registered design professional. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-91: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.2, Permittee


J105.1.2 Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code. The permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the building official. In the event of changed conditions, the permittee shall be responsible for informing the building official of any such change and shall provide revised plans for approval.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-92: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.3, Building Official


J105.1.3 Building Official. The building official, or designee, shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-93: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.4, Notification Of Noncompliance


J105.1.4 Notification of noncompliance. If, in the course of fulfilling their respective duties under this chapter, the registered design professional finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the building official. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-94: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.1.5, Transfer Of Responsibility


J105.1.5 Transfer of responsibility. If the registered design professional of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the building official in writing of such change prior to the recommencement of such grading.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-95: Ibc IBC Building Code Amendment, Appendix J Grading, Section J105.2, Special Inspections


J105.2 Special inspections. The special inspection requirements of Section 1705.6 shall apply to work performed under a grading permit where required by the building official. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-96: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.3, Final Reports


J105.3 Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable.

1. An as-built grading plan prepared by the registered design professional retained to provide such services showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations, and details of subsurface drains shall be shown as reported by the registered design professional. Registered design professionals shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

2. A report prepared by the registered design professional retained to provide such services, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during final grading and their effect on the recommendations made in the approved soils engineering investigation report. Registered design professionals shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this appendix cChapter.

3. A report prepared by the registered design professional retained to provide such services, including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Registered design professionals shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geology report and applicable provisions of this appendix cChapter.

4. The grading contractor shall submit in a form prescribed by the building official a statement of conformance with the as-built plan and the specifications.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-97: Ibc IBC Building Code Amendment, Appendix J Grading, Add Section J105.3.1, Notification Of Completion


J105.3.1 Notification of completion. The permittee shall notify the building official or designee when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-98: Ibc IBC Building Code Amendment, Appendix J Grading, Section J107.5, Compaction


J107.5 Compaction. All fill material shall be compacted to ninety-five (95) percent of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding twelve (12) inches in depth. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-99: Ibc IBC Building Code Amendment, Appendix J Grading, Section J109.1, General


J109.1 General. Unless otherwise recommended by a registered design professional, drainage facilities shall be provided in accordance with the requirements of this section. Terracing in accordance with the requirements of this section shall be provided when recommended by the registered design professional.

Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than 3 horizontal to 1 vertical (33 percent).
(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-159100: Fire Sprinkler And Alternative Extinguishing Systems Permits, Plan Review,/iInspections, And Fees

A. Approval Required: Fire sprinkler and alternative extinguishing systems plans and associated required submittals, as required by the International Fire Code and sprinkler system design standard(s), shall be permitted and approved by the Planning and Development Services and the Fire Departments, with fees assessed and paid for, before any related work begins.

B. Fees Assessed: The plan review and inspection fees shall be assessed in accordance with the provisions of the Boise City Building Code Fee Schedule as adopted by the City Council, which will be kept on file at the Planning and Development Services permit counter, Boise City Clerk's office, or on the Planning and Development Services website. All permit fees shall be reviewed by the Building Code Board prior to adoption by City Council. as follows: (Ord. 47-17, 12-19-2017, eff. 1-1-2018)

1. A plan review fee in an amount established by the Boise City Council and listed on the most current fee schedule shall be assessed for fire sprinkler systems and paid to the Planning and Development Services Department. Two (2) sprinkler heads (directly above and below) on an armover shall be considered as one sprinkler head for fee purposes.

2. When the installation of sprinkler heads or nozzles are not involved or insignificant due to the type of work being permitted, a plan review fee in an amount established by the Boise City Council and listed on the most current fee schedule equivalent to a percentage of the total bid price shall be assessed, up to a maximum fee in an amount established by the City Council and listed on the most current fee schedule (whichever is larger), and paid to the Planning and Development Services Department. (Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

C. Work Requiring Permit: Permits shall be issued for the following work:

1. New fire sprinkler and alternative extinguishing systems;

2. Additions, modification,s, and changes to existing fire sprinkler and alternative extinguishing systems, underground lines, and/or associated equipment.

3. All fees shall be paid in full when the permit is issued.

(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

D. Additional Other Inspection, Plan Review, and Administrative Fees: The permit fee shall cover the cost of two (2) three (3) plan reviews and two (2) field inspections for each inspection category. An additional hourly rate fee in an amount established by the Boise City Building Code Fee Schedule as adopted by the City Council and listed on the most current fee schedule per review shall may be assessed, beginning with after the third review, on re-submittals of denied plans and/or calculations. An additional fee or hourly rate fee in an amount established by the Boise City Building Code Fee Schedule as adopted by the City Council and listed on the most current fee schedule shall may be assessed charged per hour for each reinspections, after hours inspections, or other additional field inspections performed because of noncompliance by the owner or the owner's agent. (Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

E. Plan Modifications: Plan modification revisions submitted for approval after a permit and approved plans have been issued, shall be charged the normal permit assessed the additional plan review hourly rate fee, plus the fee based on the number of sprinklers or nozzles affected by the modification.

F. Application Submittal Documents Package: All pProject plans and other data as required by Boise City submittals checklists shall accompany be submitted with a completed fire sprinkler permit application package, available from Boise City's Planning and Development Services Department. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

9-1A-160101: Fire Alarm System Permits, Plan Review, Fees And Inspections, And Fees For Existing Buildings And Alarm Alterations

A. Approval Required: Fire alarm system plans and associated submittals, as required by the International Fire Code and alarm system design standard(s), shall be permitted and approved by the Planning and Development Services and Boise City the Fire Department, with fees assessed and paid for, before any related fire alarm system work begins.

B. Fees Assessed: The plan review and inspection fees shall be assessed in accordance with the provisions of the Boise City Building Code Fee Schedule as adopted by the City Council, which will be kept on file at the Planning and Development Services permit counter, Boise City Clerk's office, or on the Planning and Development Services website. All permit fees shall be reviewed by the Building Code Board prior to adoption by City Council. as follows: (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

A plan review fee consisting of a base fee with an additional fee per alarm initiating device in an amount established by the Boise City Council and listed on the most current fee schedule, shall be assessed for fire alarm systems and paid to the Planning and Development Services Department. (Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

C. Work Requiring Permit: Permits shall be issued for the following work:

1. New fire alarm systems in existing buildings;

2. Additions, modifications, and changes to existing fire alarm systems, fire suppression connections, related supplies, and/or equipment.

3. All fees shall be paid in full when the permit is issued.

(Ord. 44-17, 12-19-2017, eff. 1-1-2018)

D. Additional Other Inspection, Plan Review, and Administrative Fees: The permit fee shall cover the cost of two (2) three (3) plan reviews and two (2) field inspections for each inspection category. An additional hourly ratefee in an amount established by the Boise City Building Code Fee Schedule as adopted by the City Council and listed on the most current fee schedule per review shall may be assessed beginning with after the third review, on re-submittals of denied plans and/or calculations. An additional fee or hourly rate fee in an amount established by the Boise City Building Code Fee Schedule as adopted by the City Council and listed on the most current fee schedule shall may be assessed charged per hour for each reinspections, after hours inspections, or other additional field inspections performed because of noncompliance by the owner or the owner's agent. (Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code)

E. Plan Modifications: Plan modification revisions submitted for approval after a permit and approved plans have been issued, shall be charged the normal permit assessed the additional plan review hourly rate fee, plus the fee based on the number of fire alarm initiating devices affected by the modification.

F. Application Submittal DocumentsPackage: All pProject plans and other data as required by Boise City submittals checklists shall accompany be submitted with a completed fire alarm permit application, package available from Boise City's Planning and Development Services Department permit counter. (Ord. 44-17, 12-19-2017, eff. 1-1-2018)

Section 2. That the Summary of this Ordinance, attached hereto as Exhibit A, is hereby approved as to both form and content.

Section 3. That this Ordinance shall be in full force and effect from and after its passage, approval and publication upon January 1, 2021.