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105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this section for good and satisfactory reasons. The fire code official is authorized to grant, in writing, up to 3 extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.
(Ord. 7-25, 2-25-2025)
105.3.3 Occupancy Prohibited Before Approval. Add a paragraph to the end of 105.3.3 to read as follows:
Temporary structures, and temporary uses in structures, shall not be occupied without the approval of the fire code official. All buildings, new and existing, within the City of Boise shall have a valid Certificate of Occupancy or equivalent issued by the Building Department.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
106.6 Rereview Fee. The fire code official is authorized to assess a fee for rereviewing plans. The re-review fee may apply to each resubmittal starting after the third review. The re-review fee shall be in accordance with the conditions, amounts, and limitations listed in the adopted and amended edition of the Building Code.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
106.7 Fire Protection System Plan Modification Fee. Plan revisions submitted for approval after a permit and approved plans have been issued, shall be charged the normal permit fee based on the number of heads/initiating devices affected (hydraulically or electrically) by the modification.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
106.8 Reinspection Fees. A reinspection fee may be assessed for each reinspection when such portion of work for which inspection is called is not completed or when corrections called for are not made within the allotted time. Fees may be assessed on work associated with construction permits or periodic inspections of existing buildings in accordance with the adopted fee schedule.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
109.1 Board of Appeals Established. Add a paragraph to the end of 109.1 to read as follows:
The Building Code Board of Appeals, as established in Title 9 of the Boise City Code (BCC), shall be considered the board of appeals as required by this section. All rules and procedures of the Building Code Board of Appeals shall apply. For the purposes of this section the fire code official shall be deemed as an ex-officio member of the Building Code Board of Appeals.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
110.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 or by imprisonment not exceeding 6 months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 or by imprisonment not exceeding 6 months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
Amend only the following definitions:
OCCUPANCY CLASSIFICATION. Amend only the following paragraphs in definitions to read as follows:
[BG] Education Group E. Amend the last paragraph to read as follows:
[BG] Twelve (12) or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
[BG] Institutional Group I-1. Amend the last paragraph to read as follows:
[BG] Five (5) or fewer persons receiving custodial care. A facility with five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
[BG] Institutional Group I-2. Amend the last paragraph to read as follows:
[BG] Five (5) or fewer persons receiving medical care. A facility with five (5) or fewer persons receiving medical care shall be classified as a Group R-3 occupancy.
[BG] Institutional Group I-4, day care facilities. Amend the last paragraph to read as follows:
[BG] Persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving day care, or having five (5) or fewer persons receiving custodial care, shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
[BG] Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, E or I, including:
1. Buildings that do not contain more than two (2) dwelling units;
2. Care facilities that provide accommodations for five (5) or fewer persons receiving personal care, custodial care or medical care;
3. Congregate living facilities (nontransient) with sixteen (16) or fewer occupants:
Boarding houses (nontransient);
Convents;
Dormitories;
Fraternities and sororities;
Monasteries;
4. Congregate living facilities (transient) with ten (10) or fewer occupants:
Boarding houses (transient);
5. Dwelling units providing day care for twelve (12) or fewer children;
6. Lodging houses (transient) with five (5) or fewer guest rooms and ten (10) or fewer occupants.
[BG] Care facilities within a dwelling. Care facilities for twelve (12) or fewer children receiving day care, or for five (5) or fewer persons receiving personal care or custodial care, that are within a one- or two-family dwelling are permitted to comply with the International Residential Code.
OPEN BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge-pots and similar devices associated with safety or occupational uses typically considered open flames. Recreational fires or use of portable outdoor fireplaces shall be considered open burning. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
[A] 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 (2) sides.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)
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