5-12-12: IFC AMENDMENT, SECTION 109.1, BOARD OF APPEALS ESTABLISHED:

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)

5-12-13: IFC AMENDMENT, SECTION 110.4, VIOLATION PENALTIES:

   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)

5-12-14: IFC AMENDMENT, SECTION 112.4, FAILURE TO COMPLY:

   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)

5-12-15: IFC AMENDMENT, SECTION 202, GENERAL DEFINITIONS:

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)

5-12-16: IFC AMENDMENT, SECTION 304.1.2, VEGETATION:

   304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. When weeds, grass, vines or other growth are over 12 inches in height and is determined by the fire code official to be a fire hazard, the owner or owner's representative shall be notified of the hazard by certified mail or in person. Upon failure, neglect, or refusal of any owner or owner's representative to abate the hazard within the period specified, the fire code official is hereby authorized and empowered to cause abatement or cleanup. The City may recover the cost of abatement or cleanup as allowed under Idaho State Code 50-1008 as a lien upon the property or as a city tax for costs incurred in the abatement or cleanup.

      304.1.2.1 Erosion Control. Vegetation should be trimmed to not less than 6 inches in height on sloped terrain to maintain slope stability for erosion control.

      304.1.2.1 Wildland-Urban Interface Areas. Vegetation clearance requirements in wildland-urban interface areas shall be in accordance with Chapter 41 of this code.

(Ord. 48-20, 12-8-2020, eff. 1-1-2021)

5-12-17: IFC AMENDMENT, SECTION 307.2, PERMIT REQUIRED:

   307.2 Permit Required. A permit shall be obtained from the fire code official in accordance with Section 105.6, prior to open burning, for the following types of fires:

      1.   Recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests;

      2.   Irrigation ditches and fence rows;

      3.   Bonfires;

      4.   Special fires allowed at the discretion of the fire code official.

   Permits are not required for recreational fires or portable outdoor fireplaces conducted and approved in accordance with Sections 307.1.1 through 307.5, or training fires approved by the Fire Chief. Permits are required for open burning, recreational fires and portable outdoor fireplaces located in a wildland-urban interface hazard areas, and shall be approved by the fire code official prior to use, and be in accordance with Chapter 41 of this code.

(Ord. 48-20, 12-8-2020, eff. 1-1-2021)

5-12-18: IFC AMENDMENT, SECTION 307.2.2, AIR QUALITY INDEX:

   307.2.2 Air Quality Index. All open burning, even if a valid permit has been issued or no permit is required, is prohibited when the Air Quality Index (AQI) as reported by the Idaho Department of Environmental Quality (DEQ) reaches 60 or higher for any pollutant.

   Exception: Fires used in the training of firefighting personnel when approved by the Fire Chief.

(Ord. 48-20, 12-8-2020, eff. 1-1-2021)