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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)
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 1612.4 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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 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; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021)
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