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R108.5 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80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.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. 40-20, 12-1-2020, eff. 1-1-2021)
R108.6 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. 40-20, 12-1-2020, eff. 1-1-2021)
R109.1.3 Floodplain Inspections. For construction in flood hazard areas as established by Table R301.2(1), in addition to the initial elevation certificate required at time of permit application, upon placement of the lowest floor, including basement, the building official or designee shall require submission of documentation, prepared by persons as specified in the Flood Hazard regulations of the Boise Development Code, of the elevation of the lowest floor, including basement, required in Section R322 prior to the request for a framing inspection.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
R109.4 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 an 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. 40-20, 12-1-2020, eff. 1-1-2021)
R110.1.1 Certificate of Completion. A Certificate of Completion may be issued in lieu of a Certificate of Occupancy when the scope of work of a permit does not affect, alter or change the occupant load, occupancy group, or occupancy use classification of a tenant space, structure, or portion of a structure. The work described within the scope of work of a permit is deemed to be complete and in substantial compliance by the Planning and Development Services Department with adopted building codes when a final inspection has occurred and a Certificate of Completion has been issued.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
R110.4 Temporary occupancy. If the building official finds that no substantial hazard will result from occupancy of a building or portion thereof before the same is completed, a Temporary Certificate of Occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. A temporary occupancy may be issued for up to 90 calendar days. Multiple time extensions of a maximum of 90 calendar days each may be granted when requested in writing to the building official when a reasonable effort is demonstrated by the permit holder. In no case shall a temporary occupancy extend beyond two (2) years, unless the building official finds extenuating circumstances.
(Ord. 40-20, 12-1-2020, eff. 1-1-2021)
R111.1 Connection of service utilities. Final inspection and approval is required upon completion of work and prior to occupancy or use of all buildings and structures for connection of service utilities. Lack of building official approval may result in the termination of utility services to said building or structure and prosecution under IRC Section R113.3 and the penalty provisions of this code.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
R111.4 Authority to disconnect utilities for occupancy violations. Whenever any building, structure, or equipment therein regulated by this code is being used contrary to the provisions of this code or other laws which are enforced by the city of Boise City, the building official may order such use discontinued and the structure, or portion thereof, vacated, and the utility services disconnected by notice served on any person causing such use to be continued. Such person shall discontinue the use or make the structure or portion thereof, comply with the requirements of this code or other laws which are enforced by the city of Boise City, within thirty (30) calendar days of receipt of such notice or 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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