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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)
109.5.1 Bonds. The building official may require bonds in such forms and amounts as 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
109.6 Fee Refunds. 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 building official may authorize a refund of 100 percent of the permit fee less any administrative fees, paid when no work has 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.
(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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