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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)
R105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps, or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition, or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include any addition to, alteration of, replacement, or relocation of any, gas piping, combustion vent, electric wiring, mechanical, or other work affecting public health or general safety.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
The first paragraph of section R105.3.1.1, determination of substantially improved or substantially damaged existing buildings in flood hazard areas, shall be amended to read as follows:
R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding as established by Table R301.2(1), the Boise City Floodplain Administrator or designee shall examine or cause to be examined the construction documents for the proposed work. For buildings that have sustained damage from any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition. If the Floodplain Administrator or designee finds that the value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and shall require existing portions of the entire building or structure to meet the requirements of R322. All substantially improved or reconstruction of existing structures shall be made in accordance with the Flood Hazard regulations of the Boise Development Code in addition to this code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
R105.3.2 Time limitation of application. Applications for which no permit is issued within 180 calendar days following the date of receipt of the application shall expire by limitation. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official or designee. The building official may extend the time for action by the applicant for a period not exceeding 180 calendar days upon request of the applicant demonstrating that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than three times. In order to renew action on an application after expiration, the applicant shall resubmit application/plans and pay a new plan review fee. In cases where the review was completed, the permit ready but never issued, and expired, an hourly plan review rate in lieu of a new plan review fee may be allowed by the building official under the new application when no changes, or very limited changes to the plans.
(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)
R105.5 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 of issuance 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.
Exception: For all construction or structures governed only by this code, an exception exists allowing the permit to be re-issued if requested in writing. This exception applies until the City adopts a new version of the IRC building code, then the applicant must apply for a new permit and the plans will be subject to a new plan review process and related permit fees.
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 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. 40-20, 12-1-2020, eff. 1-1-2021)
R105.10 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. 40-20, 12-1-2020, eff. 1-1-2021)
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