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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)
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