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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 specifically required by this code, the International Existing Building Code, 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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. The 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 may designate technical officers, assistant building officials, inspection and plan review supervisors, plan examiners, inspectors, other employees within the Building Division, and code compliance officers. 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 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 may appoint 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021; Ord. 2-25, 2-4-2025)
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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 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.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 building official 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 building official 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 building official or designee. Failure to stay within the limited scope of work authorized by the building official or designee 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 exceeding seven (7) feet (2134 mm) in height.
3. Oil derricks.
4. Retaining walls not 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 exceeding five (5) feet nine (9) inches (1753 mm) in height and storage racks eight (8) feet or less in height.
14. Utility poles when supported on grade.
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.
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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 such time as required by the building official.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
105.2.1.1 Repairs. Application or notice to the building official 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 performed under the permit for which application is made.
2. Describe the land on which the proposed work is to be performed by parcel number, street address or similar description that will readily identify and definitively locate the proposed building or work.
3. 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. Provide such other data and information as required by the building official.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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