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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 where a valid delay is explained or where a reasonable effort toward code compliant work has been performed and that 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, and the fee shall be one half the amount required for a new permit provided no changes have been made or will be made 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.
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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 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 agent. A 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
107.2.6.1 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 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 fee found within the provisions of the Boise City Building Code Fee Schedule as adopted by the City Council and pursuant to policies set by the Planning and Development Services Department.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 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 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 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 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
109.2 Schedule of permit fees. Building permit 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 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; Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 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 Fee Schedule as adopted by the City Council. 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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