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All the rules, regulations, and ordinances relating and applying to the regulation of the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of one-and-two-family dwelling buildings or structures, and their accessory buildings or structures, established by the " 2018 International Residential Code" (IRC) parts I through III and IX, including Appendix Q (Tiny Houses) and Appendix S, (Strawbale Construction), published under the authority of the International Code Council, Inc., is hereby adopted as the One-And-Two-Family Dwelling Building Code of Boise City as amended, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code, shall be the rules, regulations, and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of one-and-two-family dwelling buildings or structures, and their accessory buildings or structures, at and within the City. One copy of the 2018 International Residential Code shall be filed for use and examination by the public in the Office of the Clerk. It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the One-And-Two-Family Dwelling Building Code of Boise City as adopted and as may be changed, altered, or amended by the One-And-Two-Family Dwelling Building Code of Boise City. All provisions in this Chapter shall be effective January 1, 2021.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021; Ord. 3-25, 2-4-2025)
R101.1 Title. Boise City Code Title 9, Chapter 1B shall be known as the One-and-Two-Family Dwelling Building Code of Boise City, and hereinafter may be cited or referred to as "this Chapter" and "this code".
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
Repeal the exception and replace with the following:
Exception: The following shall also be permitted to be constructed in accordance with this code:
1. Owner-occupied lodging houses with five (5) or fewer guestrooms and ten (10) of fewer total occupants.
2. A care facility with five (5) or fewer persons receiving custodial care within a dwelling unit or single-family dwelling.
3. A care facility for five (5) or fewer persons receiving personal care that are within a dwelling unit or single-family dwelling.
4. A care facility with twelve (12) of fewer children receiving day care within a dwelling unit or single-family dwelling.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
R102.7 Existing structures. The legal occupancy of any structure 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 Uniform Housing 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. 40-20, 12-1-2020, 1-1-2021)
Repeal section R103 in its entirety and replace with the following:
SECTION R103
DIVISION OF BUILDING SAFETY
R103.1 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.
R103.2 Director. The Planning and Development Services Director shall be appointed by the Mayor with the consent of the Boise City Council.
R103.3 Agents. The Planning and Development Services Director may designate authorized agents for the purpose of administering this code and this Chapter.
R103.4 Designations. The Planning and Development Services Director may designate technical officers, assistant building officials, inspection and plan review supervisors, plans 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.
R103.5 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, plans examiners and other employees located in the Building Division shall report to the building official.
R103.6 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 R104.8.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021; Ord. 3-25, 2-4-2025)
R104.10.1 Flood hazard areas. The Floodplain Administrator shall not grant modifications to any provision related to flood hazard areas established by Table R301.2(1) unless said 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. 40-20, 12-1-2020, eff. 1-1-2021)
R105.2 Work exempt from permit. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions 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, provided the floor area does not exceed two hundred (200) square feet (18.58 square meters).
2. Fences not exceeding seven (7) feet (2134 mm) in height.
3. 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.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways not more than thirty (30) inches (762 mm) above adjacent grade and not over any basement or story below.
6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
7. Prefabricated swimming pools that are not greater than four (4) feet (1219 mm) deep.
8. Swings and other playground equipment accessory to a one-or two-family dwelling.
9. Window awnings supported by an exterior wall which do not project more than fifty-four (54) inches (1372 mm) from the exterior wall and do not require additional support.
10. Decks that are not more than twelve (12) inches above grade at any point and do not serve the exit door required by Section R311.4.
11. Flag Poles.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
R105.2.1 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. 40-20, 12-1-2020, eff. 1-1-2021)
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