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INTERNATIONAL FUEL GAS CODE add Section 106.5.9 to read as follows:
106.5.9 Permit transfer. A permit may be transferred to another party if that party provides written authorization signed by the original permit holder expressly consenting to the transfer of the permit along with all agreements and conditions incorporated into the original permit. A permit may also be transferred to the property owner or property owner's designated agent in cases where the property owner has terminated their legal or professional relationship with their contractor or owner's designated agent. An administrative fee for the transfer of the permit will be assessed for the work performed by City staff.
(Ord. 23-19, 6-11-2019)
INTERNATIONAL FUEL GAS CODE Section 106.6.2 is hereby repealed and replaced to read as follows:
106.6.2 Fee Schedule, Permit Fees. Fees shall be assessed in accordance with the provisions of the adopted Boise City Mechanical Code and Fuel Gas Code Fee Schedule or Boise City Plumbing Code Fee Schedule, whichever may be applicable, 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 plumbing, mechanical, and fuel gas fees shall be reviewed by the Plumbing, Mechanical and Fuel Gas Board prior to adoption by the Boise City Council.
(Ord. 23-19, 6-11-2019)
INTERNATIONAL FUEL GAS CODE Section 106.6.3 is hereby repealed and replaced to read as follows:
106.6.3 Fee refunds. The code official may authorize the refunding of fees as follows:
1. The code official shall not authorize the refund of any fee, except upon written request by the original permittee made not later than 180 days after payment.
2. The full amount of any fee paid under this Chapter which was erroneously paid or collected.
3. A refund of the entire permit fee when the proposed work never commenced under a permit issued in accordance with this code. An administrative fee may be charged, at the discretion of the code official, where complex or an inordinate amount of time is spent processing the refund.
4. A refund of the entire plan review fee when the review never commenced.
5. Third-party processing fees shall not be refunded.
(Ord. 23-19, 6-11-2019)
INTERNATIONAL FUEL GAS CODE Section 108.4 is hereby repealed and replaced to read as follows:
108.4 Criminal penalties and Noncompliance. 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. At the discretion of the Division Manager of the Building Division, 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 chapter 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.
The Building Division may request assistance from code compliance officers, as designated authorized agents of the Planning & Development Services Director and code official, to gain compliance with this Chapter of City Code for noncompliant cases.
For unaddressed noncompliant items at a building or site, the code official may record a Notice of Noncompliance against the property with the Ada County Recorder's office. When compliance is later gained at the building or site through an approval, permitting, and inspection process, the code official shall then record a Notice of Compliance against the property with the Ada County Recorder's office indicating the building or site is now in compliance with this Chapter of City Code for the subject items.
(Ord. 23-19, 6-11-2019; amd. Ord. 30-24, 11-12-2024)
108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this Chapter or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, may be subject to penalties prescribed within this Chapter.
(Ord. 23-19, 6-11-2019)
INTERNATIONAL FUEL GAS CODE Section 109.1 is hereby repealed and replaced to read as follows:
109.1 Plumbing, Mechanical and Fuel Gas Board. There is hereby created a Plumbing, Mechanical, and Fuel Gas Board hereinafter referred to as "the Board" which shall be composed of seven (7) members and shall be appointed by the Mayor by and with the advice and consent of the Council. Members of the Board shall include at least one (1) Idaho licensed engineer, three (3) licensed plumbing contractors, and three (3) licensed mechanical contractors. Any member of the Board that fails to maintain a valid Idaho license for their respective profession, shall be disqualified from serving on the Board. Boise City residency of at least four (4) of the members is required. Members not residing within Boise City must reside within Ada County and 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 Council shall appoint a member to fill the unexpired term. The Board shall select one of its members as Chairman. Members of the Board shall serve and act without compensation except that their actual and necessary expenses may be allowed by the Council. The Secretary, who is hereby designated to be the code 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.
A. BOARD DUTIES
It shall be the responsibility and duty of the Board:
1. To recommend and submit to the Mayor and Council any proposed amendments to this Chapter which may govern the design, construction, installation, improvement, expansion, and alteration of plumbing, mechanical or fuel gas systems.
2. To recommend and submit to the Mayor and Council any proposed standards for the quality and weight of materials, fixtures, appliances, and devices used in, design or construction of plumbing, mechanical or fuel gas systems.
3. To recommend and submit to the Mayor and Council any proposed amendments to this Chapter, prescribing the standards and procedures for inspecting plumbing, mechanical or fuel gas systems.
4. To review upon written request, the administration and enforcement of the minimum standards, codes, regulations and procedures required by this Chapter including appeals of any interpretations of this Chapter or decisions made by the code official under this Chapter.
B. APPEAL PROCESS
Any permit applicant, whose application has been rejected, or any person who has been ordered to modify, alter, remove, or install any plumbing, mechanical, or fuel gas system as required by this Chapter may appeal that decision by filing notice in writing with the City within ten (10) calendar days. 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 Board may, by a majority vote, affirm, reverse, or modify the action of the City. If the actions of the City are modified or reversed, a permit shall be issued in accordance with the decision of the Board.
C. STANDARD OF REVIEW
The Board may: (1) modify or impose 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.
D. APPEAL FEE
Any person appealing a decision of the City shall include payment of an appeal fee in an amount specified in the fee schedule. In the event the decision of the code official is reversed, then the appeal fee shall be returned to the Appellant.
E. APPEAL TO CITY COUNCIL
Any order, decision or ruling of the Board may be appealed, by filing notice in writing to the City Council within ten (10) calendar days of such order, decision, or ruling.
(Ord. 23-19, 6-11-2019)
INTERNATIONAL FUEL GAS CODE Section 109.2 is hereby repealed and replaced to read as follows:
109.2 Appeal procedure. The Plumbing, Mechanical, and Fuel Gas Board may receive all evidence on appeal, in accordance with the following procedure:
A. The code official or designee shall first present background information on the appeal, including relevant code sections and their interpretation and other information related to the activities or work performed related to the appeal. The Board may ask questions during or after each presentation.
B. The Appellant may then present any information in relevant to the appeal. The Appellant shall have up to twenty (20) minutes to present such evidence.
C. The Chair 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 code official or designee shall be allowed up to ten (10) minutes for rebuttal and any final comments.
E. The Appellant then shall have up to ten (10) minutes for rebuttal and any final comments.
F. The Chair may grant additional time to the applicant and the code official or designee if the additional time would aid the Board in its decision provided that both the Appellant and the code official receive an equal amount of time each.
G. Following the hearing, the Board 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 within fifteen (15) calendar days in order to render a final decision. The final decision shall be in writing with a copy provided to the Appellant within ten (10) calendar days of rendering a final decision on the appeal. The decision by the Board may be appealed to the City Council within ten (10) calendar days following the date of issuance of a written decision.
(Ord. 23-19, 6-11-2019)