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R112.1 Building Code Board of Appeals. There is hereby created a Building Code Board of Appeals hereinafter referred to as "the Board" which shall be composed of ten (10) members and shall be appointed by the Mayor by and with the advice and consent of the City Council. Members of the Board shall include at least three (3) Idaho registered engineers; three (3) Idaho licensed architects; three (3) Idaho registered building contractors and one (1) person who owns or operates a fire sprinkler business, and are qualified by experience and training to pass upon matters pertaining to building construction, all of whom shall not be employees of the city of Boise City. Any member of the Board that fails to maintain a valid Idaho license or registration for their respective profession, shall be disqualified from serving on the Board.
Boise City residency of at least five (5) of the members is required. Members not residing in Boise City must reside within Ada County and conduct business in Boise City. The terms of office shall be four (4) years and if a vacancy occurs during an unexpired term, then the Mayor with the consent of the City Council shall appoint a member to fill the unexpired term. The Board shall select one of its members as Chair. Members of the Board shall serve and act without compensation except that their actual and necessary expenses may be allowed by the City Council. The Secretary, who is hereby designated to be the building official or designated representative, shall keep a record of all meetings, appeals, hearings, and proceedings of the Board and shall perform all services that may otherwise be required.
BOARD DUTIES
It shall be the responsibility and duty of the Board:
1. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, which may govern the design, construction, installation, improvement, expansion, alteration, or repair of buildings or structures.
2. To recommend and submit to the Mayor and City Council any proposed standards for the quality and type of materials, fixtures, appliances, and devices use in, design or construction of buildings or structures.
3. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, prescribing the standards and procedures for reviewing and inspecting buildings or structures.
4. To review upon written request, the administration and enforcement of the minimum standards, codes, regulations, procedures, and fees required by this Chapter, or other applicable Chapters, including appeals of any interpretations of this Chapter, or other applicable Chapters, or decisions made by the building official under this Chapter.
5. To also serve in capacity as the Fire Code Board of Appeals with the same authority, duties, process, and standard of review with the fire code official in place of the building official.
R112.1.1 APPEALS TO THE BUILDING CODE BOARD OF APPEALS
A. APPEAL PROCESS
Any permit applicant, whose application has been rejected, or any person who has been ordered to modify, alter, remove, or install any building code provisions as required by this Chapter may appeal that decision by filing notice in writing with the City within ten (10) calendar days. The appeal hearing shall be held within thirty (30) calendar days of receipt of the notice of appeal or as otherwise agreed upon by parties to the appeal and the City. At the hearing the Board may, by a majority vote, affirm, reverse or modify the action of the City. If the actions of the City are modified or reversed, a permit shall be issued in accordance with the decision of the Board.
B. STANDARD OF REVIEW
The Board may: (1) modify or impose an alternative to requirements to those contained within this Chapter only when the appellant demonstrates that the requirements of this Chapter are impracticable and demonstrates that the modification or alternative provides at least an equivalent level of safety to that required under this Chapter, or (2) determines that the City erred in its interpretation or application of the code provisions.
C. APPEAL FEE
Any person appealing a decision of the City shall include payment of an appeal fee in an amount as specified in the Boise City Building Code Fee Schedule as adopted by the City Council. In the event the decision of the building official is reversed, then the appeal fee shall be returned to the Appellant.
D. APPEAL TO CITY COUNCIL
Any order, decision, or ruling of the Board may be appealed, by filing notice in writing to the City Council within ten (10) calendar days of such order, decision, or ruling.
R112.1.2 APPEAL PROCEDURE
The Building Code Board of Appeals may receive all evidence on appeal, in accordance with the following procedure:
A. The building official or designee shall first present background information on the appeal, including relevant code sections and their interpretation and other information related to the activities or work performed related to the appeal. The Board may ask questions during or after each presentation.
B. The Appellant may then present any information relevant to the appeal. The Appellant shall have up to twenty (20) minutes to present such evidence.
C. The Chair shall next open the hearing to receive public testimony. Each person wishing to provide public testimony shall be given up to five (5) minutes to do so.
D. Following the close of public testimony, the building official or designee shall be allowed up to ten (10) minutes for rebuttal and any final comments.
E. The Appellant then shall have up to ten (10) minutes for rebuttal and any final comments.
F. The Chair may grant additional time to the Appellant and the building official or designee if the additional time would aid the Board in its decision provided that both the Appellant and the building official receive an equal amount of time each.
G. Following the hearing, the Board may deliberate and render a final decision by a roll call vote, may request more information before a final decision is made, or may take the matter under advisement and reconvene at a reasonable time within fifteen (15) calendar days in order to render a final decision. The final decision shall be in writing with a copy provided to the Appellant within ten (10) calendar days of rendering a final decision on the appeal. The decision by the Board may be appealed to the City Council within ten (10) calendar days following the date of issuance of a written decision.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code; Ord. 40-20, 12-1-2020, eff. 1-1-2021)
Repeal Section R113.4 in its entirety and replace with the following:
113.4 Criminal Penalties and Noncompliance. Any person, firm or corporation violating the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.
A. At the discretion of the building official, the City may charge the offender with an infraction in lieu of a misdemeanor. The infraction shall be payable by a fine of three hundred dollars ($300.00). There shall be no right to a trial by jury for an infraction citation or complaint.
B. For purposes of trial by court or jury, the infraction described within this section shall not constitute a lesser included offense for any misdemeanor citation or complaint.
C. A prosecuting attorney may reduce a misdemeanor charge under this Chapter to an infraction as described herein, payable by a $300 fine, if the defendant engages in corrective actions resulting in fully completed and permitted work.
The Building Division may request assistance from code compliance officers, as designated authorized agents of the Planning & Development Services Director, to gain compliance with this Chapter of City Code for noncompliant cases.
For unaddressed noncompliant items at a building or site, the building official may record a Notice of Noncompliance against the property with the Ada County Recorder's office. When compliance is later gained at the building or site through an approval, permitting, and inspection process, the building official shall then record a Notice of Compliance against the property with the Ada County Recorder's office indicating the building or site is now in compliance with this Chapter of City Code for the subject items.
(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)
Repeal section R114 in its entirety and replace with the following:
Section R114
STOP WORK ORDER
R114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order.
R114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the work in question will be permitted to resume.
R114.3 Unlawful Continuance. Any person that continues any work after having been served with a stop work order, except such work as that person is directed to perform to remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
SECTION R115
UNSAFE STRUCTURES AND EQUIPMENT
R115.1 Conditions. Structures or existing equipment deemed unsafe shall be taken down and removed or made safe in accordance with provisions of the Uniform Code for the Abatement of Dangerous Buildings as adopted by the Dangerous Buildings Code of Boise City.
Notwithstanding any other provision of this code, whenever, in the opinion of the building official, there is an imminent danger due to an unsafe condition, the building official shall have authority to summarily order temporary safeguard work to be performed in order to render the structure temporarily safe or to warn the public of the dangerous condition. The temporary safeguard work required may include, but shall not be limited to placement of placards or signage, erecting barrier tape, barricades, or fencing, securing openings, or other means as the building official deems necessary to address such emergency.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
TOWNHOUSE. A single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two sides.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 40-20, 12-1-2020, eff. 1-1-2021)
Local climatic and geographic design criteria for Table R301.2(1) shall be as follows:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND SNOW LOADo: 20 PSF.
Design roof load shall not be less than a uniform snow load of 25 psf.
WIND DESIGN SPEEDd (mph): 90
Wind speed from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined in accordance with Section R301.2.1.4
WIND DESIGN TOPOGRAPHIC EFFECTSk: NO
In accordance with Section R301.2.1.5
SEISMIC DESIGN CATEGORYf: C
In accordance with Section R301.2.2.1
WEATHERINGa: Severe
As determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.
FROST LINE DEPTHb: 24 inches
TERMITEc: Slight to Moderate
Based on history of local subterranean termite damage.
WINTER DESIGN TEMPe: 10 degrees F
The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2 percent values for winter from Appendix D of the International Plumbing Code or as determined by the Building Official.
ICE BARRIER UNDER LAYMENT REQUIREDh: NO
In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming.
FLOOD HAZARDSg: First Floodplain Ordinance for the City of Boise City became effective December 12, 1983. Flood Insurance Study (FIS) June 19, 2020. Panel numbers (all with a date of June 19, 2020) are: 0160 J, 0161 J, 0162 J, 0166 J, 0167 J, 0169 J, 0178 J, 0186 J, 0187 J, 0188 J, 0189 J, 0193 J, 0254 J, 0258 J, 0259 J, 0265 J, 0267 J, 0270 J, 0276 J, 0277 J, 0281 J, 0282 J, 0283 J, 0284 J, 0286 J, 0287 J, 0291 J, 0295 J, 0305 J, 0315 J. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
AIR FREEZING INDEXi: 894
Based on the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.
MEAN ANNUAL TEMPj: 51.1 degrees F
Based on the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
MANUAL J DESIGN CRITERIAn:
Elevation: 2867 Latitude: 44 deg. N.
Winter heating: 11 deg. Summer cooling: 95 deg.
Altitude correction factor: .98 Indoor design temperature: Heating-70 deg.
Design temperature cooling: 75 deg. Heating temperature difference: 60 deg.
Cooling temperature difference: 20 deg. Wind velocity heating: 15.0
Wind velocity cooling: 7.5 Coincident wet bulb: 63 deg.
Daily range: High Winter humidity: 50%
Summer humidity: 50%
Footnotes published underneath Table R301.2(1) in the code are applicable.
(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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