CHAPTER 1
PURPOSE AND ADMINISTRATION
SECTION:
7-1-1: Purpose And Codes Adopted
7-1-2: Creation Of Enforcement Agency
7-1-6: Permit Time Limitation And Expiration
7-1-13: Certificate Of Occupancy
7-1-14: Violations And Penalties
7-1-1: PURPOSE AND CODES ADOPTED:
A. The purpose of this title is to provide certain minimum standards and requirements to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, erection, alteration, moving, demolition, quality of materials, use and occupancy, location and maintenance of all buildings and structures in the city. Administrative matters relating to this title, which are not otherwise delegated to the development services director, may be adopted by resolution of the city council.
B. The following recognized codes, as currently adopted by the state of Idaho, are the official building codes of the city of Garden City. The adopted versions of the foregoing codes shall be effective January 1, 2018, unless a different date is required by state statute. The foregoing codes shall be deemed superseded by successive versions of such codes as they are adopted or approved by the state of Idaho effective on January 1 of the year following the date any such codes are made effective for the state, unless a different date is required by state statute:
1. Idaho State Plumbing Code (ISPC);
2. International Building Code (IBC);
3. International Energy Conservation Code (IECC) (Commercial provisions);
4. International Energy Conservation Code (IECC) (Residential provisions);
5. International Existing Building Code (IEBC);
6. International Fire Code (IFC);
7. International Fuel Gas Code (IFGC);
8. International Mechanical Code (IMC);
9. International Residential Code (IRC) Parts I, II, III, IV and IX;
10. National Electrical Code (NEC).
C. The city of Garden City has also amended selected provisions of this title through administrative process, when such amendments establish an equivalent level of protection to that of the adopted building code(s), or result from a finding that good cause exists for such an amendment to such code(s) and that such amendment is reasonably necessary. (Ord. 973-14, 12-8-2014; Ord. 995-18, 2-26-2018)
7-1-2: CREATION OF ENFORCEMENT AGENCY:
A. Building safety services is hereby created and the official in charge thereof shall be known as the development services director.
1. Authorized Agents of the Director.
a. The development services director shall have the authority to act as, or appoint an administrator of building safety services. The administrator of building safety services shall have the authority to appoint a building official, the related technical officers, plans examiners, inspectors and other employees. Such employees shall have such powers as delegated by the administrator of building safety services.
b. The administrator of building safety services, building official, inspectors, plans examiners and other employees located in building safety services shall administratively report to this position and shall have the protections afforded to the building official per this code.
c. The development services director shall have the authority to appoint the related technical officers, plans examiners, inspectors, individuals and other representatives from supporting jurisdictions to implement a disaster mitigation program in the event of calamitous events either natural or manmade. Such employees shall have such powers as delegated by the director and protections as afforded to the building official. (Ord. 973-14, 12-8-2014)
7-1-3: PERMIT REQUIRED:
Any authorized agent and/or property owner who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy to a different division of the same group of occupancies or a different group of occupancies of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done shall first make application to Garden City and obtain the required permit. The permit, or copy, and the approved plans shall be kept on the site of the work until the completion of the project. (Ord. 973-14, 12-8-2014)
7-1-4: PERMIT FEES:
A. Fees charged for administration and enforcement of this title shall be established by resolution of the Garden City council.
B. Permits required under this title require fees to be paid at the time of issuance of said permit, unless specified otherwise herein.
C. Permit fees for projects started without the required permits, or occupied prior to obtaining a certificate of occupancy, shall be subject to a special investigation fee, which shall be assessed at a rate of twice that of the original permit fee, in addition to any fee associated with penalties unless specified otherwise herein.
D. Fees paid for the permits associated with the construction of improvements to any building regulated under this title shall be refundable at a rate of eighty percent (80%) of the original permit. Refund requests must be made in writing and be accompanied by the original permit within one hundred eighty (180) days of the date of payment. Refunds cannot be granted for plan review fees or for permits which are expired or null and void for any reason. (Ord. 973-14, 12-8-2014)
7-1-5: PERMIT REVOCATION:
A. The administrator of building safety services may revoke any permit issued in error, any permit issued on the basis of incorrect information or upon learning of work which has been performed in violation of this code or any other law of the state of Idaho. Upon revocation the permit holder shall cease all work until such time that a new permit has been issued or written notification of reactivation of the nullified permit has been received. (Ord. 973-14, 12-8-2014)
7-1-6: PERMIT TIME LIMITATION AND EXPIRATION:
A. Applications for which no permit is issued within one hundred eighty (180) days following the date of receipt of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed. The administrator of building safety services may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days on written request by the applicant and good cause shall be demonstrated. The administrator of building safety services is authorized to grant up to two (2) extensions; provided, that the application conforms to current code. Subsequent requests shall be considered by the city council.
B. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned if no inspection has been requested for a period of one hundred eighty (180) days after the work is commenced. The administrator of building safety services is authorized to grant up to two (2) extensions of time, providing there have not been code changes that affect the application. Subsequent requests shall be considered by the city council. The extension request shall be in writing and good cause shall be demonstrated. (Ord. 973-14, 12-8-2014; amd. Ord. 1002-18, 1-28-2019; Ord. 1032-22, 2-13-2023)
7-1-7: PERMIT REACTIVATION:
Any expired permit may be reactivated for an additional one hundred eighty (180) days. If there have been no code changes that affect the application, the permit may only be reactivated upon the payment of a fee totaling fifty percent (50%) of the permit fee that was established at the time of issuance. All projects whose permits are expired and are under consideration for reactivation will be subject to the codes in effect at the time of reactivation and may require plan review. If a re-review is required, plan review fees equal to that specified for a new project shall be assessed. Permits that have been expired for more than thirty (30) days are not eligible to be reactivated. (Ord. 973-14, 12-8-2014; amd. Ord. 1002-18, 1-28-2019; Ord. 1032-22, 2-13-2023)
7-1-8: PERMIT TRANSFER:
A. 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 itself 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 legal agent. An administrative fee for the transfer of the permit will be assessed for the work performed by city staff to facilitate the transfer. (Ord. 973-14, 12-8-2014)
7-1-9: PERMITS DENIED:
A. The administrator of building safety services or his or her designee may withhold issuance of any permit to any person, firm or corporation who has outstanding correction notices or outstanding permit fees on permits previously issued, and has failed to take the directed corrective action.
B. Issuance of new permits may not be withheld if an appeal of the administrator of building safety services or his or her designee’s action has been filed for consideration by the board of appeals.
C. An appeal made to the city must be in writing on approved forms whereby the applicant will provide the reason(s) why they have not corrected the substandard work or paid the outstanding fee. (Ord. 973-14, 12-8-2014)
7-1-10: INSPECTION OF WORK:
A. Authorized representatives of the city have the authority to enter any premises at any reasonable hour for the examination of work permitted under this title or any other provisions of this code. All work requiring inspection shall be left exposed and accessible to the inspector until such time that the inspector has approved the installation or construction. Neither the authorized representatives nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (Ord. 973-14, 12-8-2014)
7-1-11: APPEALS:
A. Board of Appeals:
1. The planning and zoning commission shall comprise the board of appeals for codes adopted in this title.
2. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the administrator of building safety services or his or her designee.
B. Appeal:
1. Application for Appeal: Any applicant for a permit whose application has been rejected by the city, or any person who has been ordered by the city to modify, alter, remove or install any building code provisions as defined in this code, may within ten (10) calendar days thereafter request an appeal by filing notice in writing with the city. The city shall deliver such notice to the board, who shall fix and establish a time, date and place of hearing within thirty (30) calendar days from the date of the receipt of notice and cause a copy of the notice of hearing to be mailed to the appealing parties. At the hearing the board may, by a majority vote, affirm, annul or modify the action of the city. If the actions of the city are modified or annulled, a permit shall be issued accordingly. The decision of the board shall be the final decision of the city. (Ord. 973-14, 12-8-2014)
7-1-12: RESPONSIBILITY:
A. No person, partnership, company, firm, association or corporation is authorized to apply for or do work on any structure without qualifying licensure or exemption from licensure as defined in Idaho Code title 54.
B. It shall be the requirement of each applicant to submit for and retain a permit that is pertaining to the scope of work involved, i.e., mechanical, plumbing, electrical and building. Neither mechanical, plumbing, nor electrical permits shall be issued as part of the building permit nor shall mechanical, plumbing or electrical permits be issued to anyone other than the mechanical, plumbing or electrical contractor. Each individual applicant shall be responsible for requesting the required inspection pertaining to that scope of work.
C. Each mechanical, plumbing and electrical contractor or subcontractor, excluding general contractors, shall provide proof of license(s) for work to be performed, as required by state code. No additional fees for license(s) shall be collected within the jurisdiction of the city of Garden City. (Ord. 973-14, 12-8-2014)
7-1-13: CERTIFICATE OF OCCUPANCY:
A. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until a certificate of occupancy has been issued. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of Garden City. Certificates of occupancy presuming to give authority to violate or cancel the provisions of this code or other ordinances of Garden City shall not be valid.
1. A certificate of occupancy shall not be issued until all relevant plans examiners and/or inspectors have verified that the construction and use of the site is complete and in conformity with the permit and in compliance with adopted Garden City codes.
2. Certificates of occupancy are not required for work exempt from permit.
3. A certificate of completion may be issued in lieu of a certificate of occupancy when the permitted work or change of use 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 city with adopted codes when a final inspection has occurred and a certificate of completion has been issued.
B. Each certificate of occupancy shall contain the following:
1. The building permit number.
2. The address of the structure.
3. The use as defined in title 8 of this code and determined by the planning official.
4. A scope of work summary for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy classification.
9. The type of construction.
10. Design occupant load.
11. If an automatic sprinkler system is provided and whether the sprinkler system is required.
12. Any special stipulations and conditions of the building permit.
13. Signature of the authorized agent issuing the certificate of occupancy.
C. The administrator of building safety services or his or her authorized agent is authorized to issue a temporary certificate of occupancy before the completion of the entire work identified by the permit; provided, that such portion or portions shall be occupied safely and a guarantee of completion of improvements per Garden City established policies has been provided. A time period during which the temporary certificate of occupancy is valid shall be established. A temporary certificate of occupancy shall not be granted for more than one hundred eighty (180) days.
D. The administrator of building safety services or his or her authorized agent shall, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
E. Any building or structure that is being used or occupied without a certificate of occupancy may be abated as a public nuisance. (Ord. 973-14, 12-8-2014)
7-1-14: VIOLATIONS AND PENALTIES:
A. It shall be unlawful for any person, firm or corporation, or property owner to authorize any person, firm or corporation to erect, construct, alter, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
B. Authorized agents of the city are sanctioned to serve notice of violation or order on the property owner and/or person responsible for the erection, construction, alteration, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and abatement of the violation within a specified time period.
C. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code and/or other laws which are enforced by Garden City, the administrator of building safety services or his or her designee 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, and/or other laws which are enforced by Garden City, within a specified time period.
D. Infraction: Any person doing work or occupying a building or structure, or authorizing work or occupancy, without required permits or violating any provision of this chapter or an issued permit shall be deemed guilty of an infraction unless otherwise specifically provided. Infractions under this title are punishable by a fine of one hundred dollars ($100.00) plus court costs unless otherwise specifically provided. Each day of noncompliance is a separate infraction. Persons found working without required permits or in violation of issued permits two (2) times or more in a calendar year may be prohibited from doing work in Garden City for up to one (1) calendar year.
E. Misdemeanor: Any person violating any provision of a notice of violation or a second and any subsequent conviction for the same infraction provision under this title within one (1) year shall be a misdemeanor under this title. Misdemeanors under this title are punishable as provided in section 1-4-1 of this code unless otherwise specifically provided.
F. Civil Proceedings: The city may also institute any appropriate civil proceedings to prevent violations or threatened violations of this title. (Ord. 973-14, 12-8-2014)