Ordinance Text

Title 10 - BUILDING REGULATIONS

The following codes, published by the International Code Council, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the City of Meridian, save and except such portions as hereinafter deleted, modified or amended:

The 2018 edition of the International Building Code (hereinafter IBC), as amended by Section 10-1-2 of this chapter;

The 2018 edition of the International Residential Code (hereinafter IRC), as amended by Section 10-1-3 of this chapter;

The 2018 edition of the International Swimming Pool and Spa Code;

The 2018 edition of the International Energy Conservation Code (hereinafter IECC), as amended by Section 10-1-4 of this chapter; and

The 2018 edition of the International Existing Building code (hereinafter IEBC), with no amendments.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 1, 12-1-2020, eff. 1-1-2021)

The following amendments to the IBC shall apply:

IBC section 105.2, exception 1 under "Building," shall be amended to read as follows:

Building:

One-story detached accessory structures used as tool and storage sheds, playhouses, emissions testing facilities, and similar uses, provided that the floor area is not greater than 120 square feet (11m ² ).

IBC section 107.2.6 shall be amended to read as follows:

Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing, to scale, the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code.

IBC section 109.2 shall be amended to provide as follows:

Schedule of Permit Fees. The fee for each permit shall be as set forth pursuant to a schedule of permit fees as established by resolution of the city council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Final building permit valuation shall be set by the building official for all permits that require initial estimated valuation and final estimated valuation by the applicant. Payment of permit fees is required at the time the permit is issued. Permits shall not be issued or considered valid until fees are paid.

A new section, section 109.6.1, shall be added to the IBC to provide as follows:

Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the building official no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review.

A new section, section 109.7, shall be added to the IBC to provide as follows:

Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the building official. Expired permits may not be transferred. No permit transfer may be made without written approval of the building official; if transfer is attempted without written approval of the building official, such permit shall be deemed void.

IBC section 202, Definition for Townhouse, shall be amended to provide as follows:

A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof, separated by property lines, and with open space on at least two sides.

IBC section 312.1 shall be amended with the deletion of the requirement for agricultural buildings to comply with the IBC.

IBC section 1612 shall be deleted, and replaced with language to provide as follows:

Flood Loads. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code.

A new section, section 1805.3.4, shall be added to the IBC to provide as follows:

Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to prevent the intrusion of water into the hydraulic elevator shaft pit, with accommodation made for the high groundwater table in the city of Meridian, in accordance with American Society of Mechanical Engineers standard A17.1, section 2.2.2.3.

IBC section 1807.1.4 shall be deleted, and replaced with language to provide as follows:

Wood Footings Or Foundations. Regardless of the provisions of the IRC or IBC, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations.

IBC section 3002.4 shall be amended to provide as follows:

Elevator Car To Accommodate Ambulance Stretcher. Where elevators are provided in buildings above or below grade plane, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher twenty-four by eighty-four inches (24" x 84") with not less than five inches (5") radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (3") high, and shall be placed inside on both sides of the hoistway door frame.

IBC Section 3113.1 shall be deleted, and replaced with language to provide as follows:

Relocatable Buildings. The provisions of this Section shall apply to relocatable buildings. Relocatable buildings manufactured after the effective date of this code shall comply with the applicable provisions of this code; title 39, chapter 43, Idaho Code; and IDAPA 07.03.03.

Exception: This Section shall not apply to manufactured housing used as dwellings.

IBC section 305.2.3 shall be deleted, and replaced with language to provide as follows:

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 daycare shall be classified as a group R-3 occupancy or shall comply with the International Residential Code.

IBC Section 308.2.4 shall be deleted, and replaced with language to provide as follows:

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.

IBC Section 308.3.2 shall be deleted, and replaced with language to provide as follows:

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.

IBC section 308.5.4 shall be deleted, and replaced with language to provide as follows:

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 daycare 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.

IBC section 310.4 shall be deleted, and replaced with language to provide as follows: Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in natures and not classified as group R-1, R-2, R-4, E, or I, including:

Buildings that do not contain more than two (2) dwelling units.

Care facilities that provide accommodations for five (5) or fewer persons receiving personal care, custodial care or medical care.

Congregate living facilities (nontransient) with sixteen (16) or fewer occupants, including boarding houses (nontransient), convents, dormitories, fraternities and sororities, and monasteries.

Congregate living facilities (transient) with ten (10) or fewer occupants, including boarding houses (transient).

Dwelling units providing day care for twelve (12) or fewer children.

Lodging houses (transient) with five (5) or fewer guest rooms and ten (10) or fewer occupants.

IBC section 310.4.1 shall be deleted, and replaced with language to provide as follows:

Care Facilities Within A Dwelling. Care facilities for twelve (12) or fewer children receiving daycare 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.

IBC section 2902.6 shall be deleted, and replaced with language to provide as follows:

Drinking fountains shall not be required for an occupant load of thirty (30) or fewer.

Footnote (e) to table 2902.1, Minimum Number Of Required Plumbing Fixtures, shall be deleted, and replaced with language to provide as follows:

For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required.

IBC Appendices B, H, and I shall be mandatory.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 2, 12-1-2020, eff. 1-1-2021)

The following amendments to the IRC shall apply:

Parts VII (plumbing), VIII (electrical), and IV (Energy Conservation) shall be deleted.

The exception under Section R101.2 Scope shall be deleted and replaced with the following:

Exception: The following shall also be permitted to be constructed, in accordance with this code:

Owner-occupied lodging houses with five (5) or fewer guestrooms and ten (10) or fewer total occupants.

A care facility with five (5) or fewer persons receiving custodial care within a dwelling unit or single-family dwelling.

A care facility for five (5) or fewer persons receiving personal care that are within a dwelling unit or single-family dwelling.

A care facility with twelve (12) or fewer children receiving day care within a dwelling unit or single-family dwelling.

Section R104.10.1 Flood hazard areas shall be deleted.

Item 2 of the "Building" subsection of IRC section R105.2, Work Exempt from Permit, shall be deleted and replaced with the following:

Fences not over six feet (6') high may be exempted from the requirement for a building permit in the absence of any other applicable land use regulations governing the installation, height, type, or other aspect thereof.

Item 7 of the "Building" subsection of IRC section R105.2, Work Exempt From Permit, shall be deleted and replaced with the following: Prefabricated swimming pools that are not greater than four (4) feet (one thousand, two hundred nineteen (1219) mm) deep.

A new item, no. 11, shall be added to the "Building" subsection of IRC section R105.2, Work Exempt From Permit:

Flagpoles.

A new section, section R108.5.1, shall be added to the IRC to provide as follows:

Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the community development director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review.

A new section, section R108.5.2, shall be added to the IRC to provide as follows:

Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Building Official. Expired permits may not be transferred. No permit transfer may be made without written approval of the Building Official; if transfer is attempted without written approval, such permit shall be deemed void.

Section R109.1.3 shall be deleted and replaced with the following:

R109.1.3 Floodplain inspections. For construction in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement, the building official is authorized to require submission of documentation of the elevation of the lowest floor, including basement, required in Section R322.

Section R202, Definition for Townhouse, shall be amended to provide as follows:

Table R301.2(1), Climate and Geographic Design Criteria, shall be completed with criteria as follows:

GROUND SNOW LOAD: 20 psf. Design roof load shall not be less than a uniform snow load of 25 psf.

WIND DESIGN SPEED (mph): 115 mph for risk occupancy II or less; 120 mph for risk occupancy III or greater.

WIND DESIGN TOPOGRAPHIC EFFECTS: No, in accordance with Section R301.2.1.5

SEISMIC DESIGN CATEGORY: C

WEATHERING: Severe

FROST LINE DEPTH: 24 inches

TERMITE: Slight to Moderate

WINTER DESIGN TEMP: 10 degrees F (annual mean temperature: 51.1 degrees F). The outdoor design dry-bulb temperature shall be selected from the columns of 97 ½ percent values for winter from Appendix D of the Idaho State Plumbing Code or as determined by the Building Official.

ICE BARRIER UNDER LAYMENT REQUIRED: No

FLOOD HAZARDS: Refer to Title 10, Chapter 6, Meridian City Code, Flood Damage Prevention.

Section R301.2.1.2, Protection of Openings, shall be deleted.

IRC section R301.2.4, shall be deleted, and replaced with language to provide as follows:

Floodplain Construction. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian City Code.

IRC Table R302.1(1), Exterior Walls shall be deleted, and replaced with language to provide as follows:

Exterior Wall Element		Minimum Fire-Resistance Rating	Minimum Fire Separation Distance
Walls	Fire-resistance rated	1 hour—Tested in accordance with ASTM E119, UL 263, or Section 703.3 of the International Building Code with exposure from both sides	<3 feet
Walls	Not fire-resistance rated	0 hours	≥3 feet
Projections	Fire-resistance rated	1 hour on the underside, or heavy timer, or fire retardant-treated wood ^a,b	≥2 feet to <3 feet
Projections	Not fire-resistance rated	0 hours	≥3 feet
Openings in Walls	Not allowed	N/A	<3 feet
	25% maximum of wall area	0 hours	≥3 feet to <5 feet
	Unlimited	0 hours	≥5 feet
Penetrations	All	Comply with Section R302.4	<3 feet
Penetrations	All	None required	≥3 feet

For SI: 1 foot = 304.8 mm. N/A = Not Applicable

The fire-resistance rating shall be permitted to be reduced to zero (0) hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing.

The fire-resistance rating shall be permitted to be reduced to zero (0) hours on the underside of the rake overhang where gable vent openings are not installed.

Section R302.13, Fire protection of floors, shall be deleted.

Section R303.4 shall be deleted, and replaced with the following:

R303.4 Mechanical Ventilation. Dwelling units shall be provided with whole-house mechanical ventilation in accordance with Section M1505.4.

IRC section R302.6, Dwelling/Garage Fire Separation, shall be amended to provide as follows:

Dwelling/Garage Fire Separation. Walls and ceiling of garages shall be covered with not less than ⁵ / ₈ -inch (15.9 mm) type X gypsum board or equivalent.

The exception to IRC section R313.1, Townhouse Automatic Fire Sprinkler Systems, shall be deleted, and replaced with language to provide as follows:

Exception: Automatic residential fire sprinkler systems shall not be required in townhouses where either two (2) one-hour fire-resistance rated walls or a common two-hour fire-resistance rated wall, as specified in item number 2 of Section R302.2.2 is installed between dwelling units or when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.

IRC section R313.2 shall be deleted.

The exceptions to Section R314.2.2 Alterations, repairs and additions, shall be deleted, and replaced with the following:

Exceptions: 1. Work involving the exterior surfaces of dwellings, such as, but not limited to, replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits, are exempt from the requirements of this section. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section.

The exceptions to Section R315.2.2 Alterations, repairs and additions, shall be deleted, and replaced with the following:

Exceptions:

Work involving the exterior surfaces of dwellings, such as, but not limited to, replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits, are exempt from the requirements of this section.

Installation, alteration or repairs of noncombustion plumbing or mechanical systems are exempt from the requirements of this section.

IRC section R322 shall be deleted, and replaced with language to provide as follows:

Flood-Resistant Construction. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code.

IRC section R402.1 shall be amended to provide as follows:

Wood. Regardless of the provisions of the IBC or IRC, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations.

The following tables shall be deleted: Table R403.4 Minimum Depth (D) and Width (W) of Crushed Stone Footings (inches), Table R403.1(1) Minimum Width and Thickness for Concrete Footings for Light-Frame Construction (inches), Table R403.1(2) Minimum Width and Thickness for Concrete Footings for Light-Frame Construction and Brick Veneer (inches), and Table R403.1(3) Minimum Width and Thickness for Concrete Footings with Cast-In-Place or Fully Grouted Masonry Wall Construction (inches).

A new table, Table R403.1, shall be added, to read as follows:

TABLE R403.1
MINIMUM WIDTH OF CONCRETE, PRECAST, OR MASONRY FOOTINGS (inches)^a

	LOAD-BEARING VALUE OF SOIL (psf)
	1,500	2,000	3,000	≥ 4,000
Conventional light-frame construction
1-Story	12	12	12	12
2-Story	15	12	12	12
3-Story	23	17	12	12
4-inch brick veneer over light frame or 8-inch hollow concrete masonry
1-Story	12	12	12	12
2-Story	21	16	12	12
3-Story	32	24	16	12
8-inch solid or fully grouted masonry
1-Story	16	12	12	12
2-Story	29	21	14	12
3-Story	42	32	21	16

For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa.

Where minimum footing width is twelve (12) inches, use of a single width of solid or fully grouted twelve (12)-inch nominal concrete masonry units is permitted.

Section R403.1.1 shall be deleted and replaced with the following:

R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width (W) shall be based on the load bearing value of the soil in accordance with Table R401.4.1. Spread footings shall be at least six (6) inches in thickness (T). Footing projections (P) shall be at least two (2) inches and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1.

AA.

IRC section R602.10 shall be deleted, and replaced with the following:

Wall Bracing. Buildings shall be braced in accordance with this section or, when applicable section R602.12, or the most current edition of APA System Report SR-102 as an alternate method. Where a building, or portion thereof, does not comply with one (1) or more of the bracing requirements in this section, those portions shall be designated and constructed in accordance with section R301.1.

BB.

IRC Appendices A, B, C, D, H, I, and Q shall be mandatory.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 3, 12-1-2020, eff. 1-1-2021)

The following amendments to the IECC shall apply:

The rows in Table R402.1.2 for climate zones "5 and Marine 4" and "6" shall be deleted and replaced with the following:

Table R402.1.1 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT

Climate Zone	Fenestration U-Factor ^b	Skylight U-Factor ^b	Glazed Fenestration SHGC ^{b, e}	Ceiling R-Value	Wood Frame Wall R-Value	Mass Wall R-Value ⁱ	Floor R-Value	Basement Wall R-Value ^c	Slab R-Value ^d	Crawlspace Wall R-Value ^c
5	0.32	0.55	NR	38	20 or 13+5h	13/17	30g	15/19	10, 2 ft	15/19
6	0.30	0.55	NR	49	22 or 13+5h	15/20	30g	15/19	10, 4 ft	15/19

The following footnote shall be added to the title of IRC table R402.1.2, Insulation And Fenestration Requirements By Component:

^k.

For residential log home building thermal envelope construction requirements see section R402.6.

The rows in Table R402.1.4 for climate zones "5 and Marine 4" and "6" shall be deleted and replaced with the following:

TABLE R402.1.4 EQUIVALENT U-FACTORS^a

Climate Zone	Fenestration U-factor	Skylight U-factor	Ceiling U-factor	Frame Wall U-factor	Mass Wall U-factor ^b	Floor U-factor	Basement Wall U-factor	Crawlspace Wall U-factor
5	0.32	0.55	0.030	0.060	0.082	0.033	0.050	0.055
6	0.30	0.55	0.026	0.057	0.060	0.033	0.050	0.055

Section R402.4.1 shall be deleted and replaced with the following:

R402.4.1 Building thermal envelope.

Until June 30, 2021, the building thermal envelope shall comply with Sections R402.4.1.1 (Installation) and either Section R402.4.1.2 (Testing) or Section R402.4.1.3 (Visual inspection).

Effective July 1, 2021, the building thermal envelope of a minimum of twenty percent (20%) of all new single-family homes constructed by each builder shall comply with Section R402.4.1.1 (Installation) and Section R402.4.1.2 (Testing). The authority having jurisdiction may:

2.1.

Determine how to enforce this requirement, starting with the fifth house and continuing with each subsequent fifth house.

2.2.

Waive this requirement if significant testing indicates the five (5) air changes per hour (ACH) requirement is consistently being met or exceeded (resulting in a lower ACH).

2.3.

Grant exceptions to this requirement in rural areas where testing equipment is not available or cost effective.

Effective July 1, 2021, the building thermal envelope of eighty percent (80%) of all new single-family homes constructed by each builder shall comply with Section R402.4.1.1 (Installation) and either Section R402.4.1.2 (Testing) or Section R402.4.1.3 (Visual inspection).

The sealing methods between dissimilar materials shall allow for differential expansion and contraction.

Section R402.4.1.1 shall be deleted and replaced with the following:

R402.4.1.1 Installation. The components of the building thermal envelope as listed in Table R402.4.1.1 shall be installed in accordance with the manufacturer's instructions and the criteria listed in Table R402.4.1.1, as applicable to the method of construction.

Section R402.4.1.2 shall be deleted and replaced with the following:

R402.4.1.2 Testing. Testing building envelope tightness and insulation installation shall be considered acceptable when tested air leakage is less than five (5) air changes per hour (ACH) when tested with a blower door at a pressure of 33.5 psf (50 Pa). Testing shall occur after rough in and after installation of penetrations of the building envelope, including penetrations for utilities, plumbing, electrical, ventilation and combustion appliances. Testing shall be conducted in accordance with RESNET/ICC 380, ASTM E 779 or ASTM E 1827 and reported at a pressure of 0.2-inch w.g. (50 Pascals). During testing:

Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed.

Dampers shall be closed, but not sealed, including exhaust, intake, makeup air, backdraft and flue dampers.

Interior doors shall be open.

Exterior openings for continuous ventilation systems and heat recovery ventilators shall be closed and sealed.

Heating and cooling system(s) shall be turned off.

HVAC ducts shall not be sealed.

Supply and return registers shall not be sealed.

A new section, Section R402.4.1.3, shall be added, to read as follows:

R402.4.1.3 Visual inspection. Building envelope tightness and insulation installation shall be considered acceptable when the items listed in Table R402.4.1.1, applicable to the method of construction, are field verified. Where required by code official an approved party independent from the installer of the insulation shall inspect the air barrier and insulation.

A new section, Section R402.6, shall be added, to read as follows:

R402.6 Residential log home thermal envelope. Residential log home construction shall comply with Section R401 (General), Section R402.4 (Air leakage), Section R402.5 (Maximum fenestration U-factor and SHGC), Section R403.1 (Controls), the mandatory sections of Sections R403.3 through R403.9, Section R404 (Electrical Power and Lighting Systems), and either 1., 2., or 3. as follows: 1. Sections R402.2 through R402.3, Section R403.3.1 (Insulation), Section R404.1 (Lightning equipment), and Table R402.6 (Log Home Prescriptive Thermal Envelope Requirements by Component). 2. Section R405 (Simulated Performance Alternative). 3. REScheck (U.S. Department of Energy Building Codes Program).

A new table, Table R402.6, shall be added, to read as follows:

TABLE R402.6
LOG HOME PRESCRIPTIVE THERMAL ENVELOPE REQUIREMENTS BY COMPONENT
For SI: 1 foot = 304.8 mm.

Climate Zone	Fenestration U-factor ^a	Skylight U-factor	Glazed Fenestration SHGC	Ceiling R-value	Min. Average Log Size In Inches	Floor R-value	Basement Wall R-value ^d	Slab R-value & Depth ^b	Crawl Space Wall R-valued
5, 6 - High efficiency equipment path ^c	0.32	0.60	NR	49	5	30	15/19	10, 4 ft.	10/13
5	0.32	0.60	NR	49	8	30	10/13	10, 2 ft.	10/13
6	0.30	0.60	NR	49	8	30	15/19	10, 4 ft.	10/13

;sz;7q; ^a

The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.

;sz;7q; ^b

R-5 shall be added to the required slab edge R-values for heated slabs.

;sz;7q; ^c

90% AFUE natural gas or propane, 84% AFUE oil, or 15 SEER heat pump heating equipment (zonal electric resistance heating equipment such as electric base board electric resistance heating equipment as the sole source for heating is considered compliant with the high efficiency equipment path).

;sz;7q; ^d

"15/19" means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall. "15/19" shall be permitted to be met with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulated sheathing on the interior or exterior of the home. "10/13" means R-10 continuous insulated sheathing on the interior or exterior of the home or R-13 cavity insulation at the interior of the basement wall.

Section R403.5.3 shall be deleted and replaced with the following:

R403.5.3 Hot water pipe insulation (Prescriptive). Insulation for hot water piping with a thermal resistance, R-value, of not less than R-3 shall be applied to the following:

Piping serving more than one (1) dwelling unit.

Piping located outside the conditioned space.

Piping located under a floor slab.

Buried piping.

Supply and return piping in recirculation systems other than demand recirculation systems.

Section R404.1 shall be deleted and replaced with the following:

R404.1 Lighting equipment (Mandatory). A minimum of seventy-five percent (75%) of the lamps in permanently installed lighting fixtures shall be high-efficacy lamps or a minimum of seventy-five percent (75%) of the permanently installed lighting fixtures shall contain only high efficacy lamps.

Section R406.3 shall be deleted and replaced with the following:

R406.3 Energy Rating Index. The Energy Rating Index (ERI) shall be determined in accordance with RESNET/ICC 301. Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design.

Table R406.4 shall be deleted and replaced with the following:

Table R406.4 Maximum Energy Rating Index

Climate Zone	Energy Rating Index ^a
5	68
6	68

^a Where on-site renewable energy is included for compliance using the ERI analysis of Section R406.4, the building shall meet the mandatory requirements of Section R406.2, and the building thermal envelope shall be greater than or equal to the levels of efficiency and SHGC in Table R402.1.2 or Table R402.1.4 of the 2015 International Energy Conservation Code.

A new section, Section C101.5.2, shall be added to read as follows:

C101.5.2 Industrial, electronic, and manufacturing equipment. Buildings or portions thereof that are heated or cooled exclusively to maintain the required operating temperature of industrial, electronic, or manufacturing equipment shall be exempt from the provisions of this code. Such buildings or portions thereof shall be separated from connected conditioned space by building thermal envelope assemblies complying with this code.

The following exception shall be added to Section C402.5 Air leakage?thermal envelope (Mandatory):

Exception: For buildings having over fifty thousand (50,000) square feet of conditioned floor area, air leakage testing shall be permitted to be conducted on less than the whole building, provided the following portions of the building are tested and their measured air leakage is area-weighted by the surface areas of the building envelope:

The entire floor area of all stories that have any spaces directly under a roof.

The entire floor area of all stories that have a building entrance or loading dock.

Representative above-grade wall sections of the building totaling at least twenty-five percent (25%) of the above-grade wall area enclosing the remaining conditioned space. Floor area tested under subparagraphs 1. or 2. of this exception shall not be included in the twenty-five percent (25%) of above-grade wall sections tested under this subparagraph.

The following exception shall be added to Section C403.5 Economizers (Prescriptive):

Unusual outdoor air contaminate conditions - Systems where special outside air filtration and treatment for the reduction and treatment of unusual outdoor contaminants, makes an air economizer infeasible.

Table C404.5.1 shall be deleted and replaced with the following:

TABLE C404.5.1
PIPING VOLUME AND MAXIMUM PIPING LENGTHS

NOMINAL PIPE SIZE (inches)	VOLUME (liquid ounces per foot length)	MAXIMUM PIPING LENGTH (feet)
NOMINAL PIPE SIZE (inches)	VOLUME (liquid ounces per foot length)	Public lavatory faucets	Other fixtures and appliances
¼	0.33	31	50
5/16	0.5	N/A - non-standard size	50
⅜	0.75	17	50
½	1.5	10	43
⅝	2	7	32
¾	3	5	21
⅞	4	N/A - non-standard size	16
1	5	3	13
1¼	8	2	8
1½	11	1	6
2 or larger	18	1	4

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 4, 12-1-2020, eff. 1-1-2021)

Permit and inspection fees. Fees for permits and inspections shall be as established by fee schedule duly adopted by the City Council by resolution.

Payment due upon issuance. Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid.

Permit fee refunds. Up to eighty (80) percent of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Department Director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review.

Permit transfer. A permit granted pursuant to this chapter may be transferred from one (1) permit holder to another permit holder upon written request by the current permit holder to the Community Development Department Director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department Director or designee; if transfer is attempted without written approval of the Community Development Department Director or designee, such permit shall be deemed void.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015)

Misdemeanor; penalty imposed. A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the IBC, IRC, or IECC, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the building official or Board of Appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense.

Removal of prohibitive conditions. The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions.

Civil action. Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City Council may institute a civil action in the District Court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted.

Working without permit. Any person who commences or causes the commencement of work for which a permit is required, without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015)

The 2017 Idaho State Plumbing Code ("ISPC"), as amended as set forth in this chapter, is hereby adopted by the city for the purpose of establishing minimum standards of design, materials and workmanship for all plumbing hereafter installed, altered or repaired, and to establish methods of procedure within the city limits. The same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall control the installation, alteration or repairing of plumbing within the corporate limits of the city.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018)

It shall be unlawful for any person to carry on the business of plumbing without first having secured a state license.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018)

Contents of permit; submission of plan. Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the plumbing system to be followed, if deemed necessary by the plumbing inspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated.

Permit and inspection fees. Fees for permits and inspections shall be fixed by the city council by resolution.

Payment due upon issuance. Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid.

Permit fee refunds. Up to eighty (80) percent of the permit fee paid may be refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the public works director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review.

Permit transfer. A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the public works director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 5, 12-1-2020, eff. 1-1-2021)

It shall be the duty of the City Plumbing Inspector to inspect or cause to be inspected any and all work for which permits have been issued by the close of business on the next business day following inspection scheduling, or as soon thereafter as is feasible.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018)

Misdemeanor; penalty imposed. A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the ISPC, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the building official or Board of Appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense.

Removal of prohibitive conditions. The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018)

The 2017 edition of the National Electrical Code (hereinafter NEC), published by the National Fire Protection Association, including all appendices thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the City of Meridian, save and except such portions as hereinafter deleted, modified or amended.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018)

Article 210.8(A)(7) shall be deleted and replaced with the following:

Sinks located in areas other than kitchens where receptacles are installed within six (6) feet of the outside edge of the sink.

Article 210.8(A)(10) shall be deleted.

Article 210.8(D) shall be deleted.

Article 210.12 shall be amended by the addition of the following language:

Definition. Arc-Fault Circuit-Interrupter is a device intended to provide protection from the effects of arc faults by recognizing characteristics unique to arcing and by functioning to de-energize the circuit when an arc fault is detected.

Dwelling Unit Bedrooms. All one hundred twenty (120)-volt, single phase, fifteen (15)-ampere and twenty (20)-ampere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit.

Compliance with Article 210.12 Arc-Fault Circuit- Interrupter Protection. Article 210.12 shall apply in full. Exception. In dwelling units Arc-Fault Circuit- Interrupter Protection shall only apply to all branch circuits and outlets supplying bedrooms. All other location in dwelling units are exempt from the requirements of Article 210.12.

Article 210.52(E)(3) shall be deleted and replaced with the following:

Balconies, decks, and porches having an overall area of twenty (20) square feet or more that are accessible from inside the dwelling unit shall have at least one (1) receptacle outlet installed within the perimeter of the balcony, deck, or porch. The receptacle shall not be located more than six and one half (6½) feet above the balcony, deck, or porch surface.

Article 334.10(A) shall be amended by the addition of the following language:

Where the height of a crawl space does not exceed four and one half (4½) feet it shall be permissible to secure NM cables, that run at angles with joist, to the bottom edge of joist. NM cables that run within seven (7) feet of crawl space access shall comply with article 320.23.

Article 550.32(B) shall be amended by the addition of the following language:

Compliance with article 550.32(B) shall limit installation of a service on a manufactured home to those homes manufactured after January 1, 1992.

Article 675.8(B) shall be amended by the addition of the following language:

Compliance with article 675.8(B) will include the additional requirement that a disconnecting means always be provided at the point of service from the utility no matter where the disconnecting means for the machine is located.

Poles used as lighting standards that are forty (40) feet or less in nominal height and that support no more than four (4) luminaires operating at a nominal voltage of three hundred (300) volts or less, shall not be considered to constitute a structure as that term is defined by the national electrical code (NEC). The disconnecting means shall not be mounted to the pole. The disconnecting means may be permitted elsewhere in accordance with NEC, article 225.32, exception 3. SEC special purpose fuseable connectors (model SEC 1791-DF or model SEC 1791-SF) or equivalent shall be installed in a listed handhole (underground) enclosure. The enclosure shall be appropriately grounded and bonded per the requirements of the NEC applicable to article 230-Services. Overcurrent protection shall be provided by a (fast-acting - minimum - 100K RMS amps 600 VAC) rated fuse. Wiring within the pole for the luminaires shall be protected by supplementary overcurrent device (time-delay - minimum - 10K RMS amps 600 VAC) in breakaway fuse holder accessible from the hand hole. Any poles supporting or incorporating utilization equipment or exceeding the prescribed number of luminaires, or in excess of forty (40) feet, shall be considered structures, and an appropriate service disconnecting means shall be required per the NEC. All luminaire-supporting poles shall be appropriately grounded and bonded per the NEC.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018)

Permit required. It shall be unlawful for any person, firm or corporation to place or install in any building, structure, or premises any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the city a written permit to do such work. Permits shall be required for any type of electrical work including emergency repairs and other maintenance or repair work as well as new installations. The permit application shall be in such form required by the Building Department.

Addition or alteration of approved plans. Any addition or alteration of approved plans and/or permitted work shall require resubmittal and approval before issuance of certificate of occupancy.

Permit validity conditioned on inspections. The validity of all electrical permits shall be conditioned upon the completion of the following inspections by the City Electrical Inspector:

Roughed in inspection. When electrical work for which a permit was issued is roughed in, permittee shall, in writing, notify the City Electrical Inspector of such, and upon payment of any inspection fee per fee schedule, the electrical inspector shall inspect such work following receipt of such written notice and fee. Upon completion of such roughed in inspection, the City Electrical Inspector shall indicate such by affixing a tag or label stating the date of inspection. It shall be unlawful for any person to conceal any electrical work prior to such inspection.

Final inspection. When electrical work for which a permit was issued is ready for final inspection, the permittee shall, in writing, notify the City Electrical Inspector of such, and upon payment of any inspection fee per fee schedule, the City Electrical Inspector shall inspect such work following receipt of such written notice and fee. "Ready for final inspection", for purposes of this section, shall be defined as the completion of all enclosed plumbing, heating, furnace work, and/or gas fittings. Where, upon final inspection, the City Electrical Inspector finds the installation to be in conformity with the statutes of all applicable laws and standards, the City Electrical Inspector shall issue a certificate of approval authorizing the connection to the supply of electricity and shall send written notice of such authorization to the supplier of electric service. It shall be unlawful for any person to make connection to a supply for electricity or to supply electricity to any electrical equipment installation for which no valid permit is in effect or that has been disconnected or ordered to be disconnected.

Revocation of permits.

The City Electrical Inspector shall be authorized to revoke a permit or approval issued if any violation of the NEC or of this chapter is found upon inspection.

The City Electrical Inspector shall be authorized to revoke a permit or approval issued if there are any false statements or misrepresentations submitted in the permit application or plans on which the permit or approval was based.

Any person who engages in any business, operation, or occupation, or uses any building, structure, or premises after the permit issued therefor is suspended or revoked pursuant to the provisions of this chapter, shall be in violation of this chapter unless such suspended permit is reinstated or a new permit is issued.

Permit and inspection fees. Fees for permits and inspections shall be fixed by the city council by resolution.

Payment due upon issuance. Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid.

Permit fee refunds. Up to eighty (80) percent of the permit fee paid may be refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the Community Development Department director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review.

Permit transfer. A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 5, 12-1-2020, eff. 1-1-2021)

Misdemeanor; penalty imposed. A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the NEC, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the building official or Board of Appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense.

Removal of prohibitive conditions. The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015)

There is hereby adopted by the Mayor and the City Council of the City of Meridian, County of Ada, State of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions, terms, and appendices of such International Fire Code, 2018 edition, published by the International Code Council, Inc., and the same are hereby adopted and incorporated as fully as if set out at length herein, with the revisions, additions, and deletions thereto as set forth in this chapter. From the date in which this chapter shall take effect, the provisions of the International Fire Code, 2018 edition, and the revisions, additions, and deletions thereto as set forth in this chapter shall be controlling within the limits of the City of Meridian.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 7, 12-1-2020, eff. 1-1-2021)

To the extent that any provision of the International Fire Code, 2018 edition (hereinafter IFC) conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following amendments to the IFC shall apply:

IFC section 101.2.1 shall be replaced with language to read as follows:

Section 101.2.1 Appendices. All Appendices shall be mandatory except Appendix J.

IFC section 103.2 shall be amended to read as follows:

Section 103.2 Appointment. The code official shall be the fire chief of the city of Meridian. In the absence or by designation of the fire chief, the deputy chief/fire prevention or designee shall be the code official.

IFC section 103.3 shall be amended to read as follows:

Section 103.3 Deputies. In accordance with the prescribed procedures of the city of Meridian the fire chief shall have the authority to appoint a deputy fire chief/fire prevention, or other technical officer, inspectors and other employees.

IFC section 104.1 shall be amended to read as follows:

Section 104.1 General. The fire code official is hereby authorized to enforce the provisions of the IFC as herein adopted and amended and shall have the authority to render interpretations of the IFC as herein adopted and amended, and to adopt policies, procedures, rules and regulations in order to clarify the application of such provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the IFC as herein adopted and amended and shall not have the effect of waiving requirements specifically provided for in the IFC as herein adopted and amended.

The fire chief is authorized to administer and enforce the IFC as herein adopted and amended. Under the fire chief's direction, the fire department is authorized to enforce all ordinances of the city of Meridian pertaining to:

The prevention of fires;

The suppression or extinguishment of dangerous or hazardous fires;

The storage, use and handling of hazardous materials;

The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment;

The maintenance and regulation of fire escapes;

The maintenance of fire protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction;

The maintenance of means of egress; and

The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, except that for authority related to control and investigation of emergency scenes, IFC section 104.11 shall apply.

A new section shall be added to the provisions of the IFC as follows:

Section 104.10.2 Fire Prevention Personnel And Police. As requested by the fire chief, the chief of police shall be authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of the IFC as herein adopted and amended.

IFC section 105.1.1 shall be amended to read as follows:

Section 105.1.1 Permits required. A property owner or owner's authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the fire code official and obtain a permit if required by the Meridian Fire Department.

A new section shall be added to the provisions of the IFC as follows:

Section 105.3.9 Working Without Permit. Any person who commences or causes the commencement of work for which a permit is required under the IFC as herein adopted and amended or under other provision of law without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off-business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day.

IFC section 110.4 shall be amended to read as follows:

Section 110.4 Violation Penalties. Persons who shall violate a provision of the IFC as herein adopted and amended 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 the IFC as herein adopted and amended, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

IFC section 112.4 shall be deleted.

IFC section 106.5 shall be amended to read as follows:

Section 106.5 Refunds. Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Department director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not to be refunded in part or in whole after completion of plan review.

A new section shall be added to the provisions of the IFC as follows:

Section 106.6 Permit Transfer. A permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void.

These definitions shall be added to IFC section 202:

DRIVEWAY. A vehicular ingress and egress route that serves no more than six (6) single-family dwellings, not including accessory structures.

FIRE STATION. A building, or portion of a building that provides, at a minimum, all weather protection for fire apparatus. Temperatures inside the building used for this purpose must be maintained at above thirty-two (32) degrees Fahrenheit.

IFC section 307.1.1 shall be amended to read as follows:

Section 307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous. Hazardous conditions shall include, but shall not be limited to: a) winds of ten miles per hour (10 mph) or greater; b) a red flag warning of high fire danger issued by the National Weather Service; or c) an open burning ban due to the air quality index or other conditions determined by the Idaho Department of Environmental Quality.

IFC section 307.4.2 shall be amended to read as follows:

Section 307.4.2 Recreational fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition. Recreational fires shall not have a total fuel area larger than three feet (3') in diameter and not more than two feet (2') in height.

A new section shall be added to the provisions of the IFC as follows:

Section 307.6 Open burning rules. The following additional rules shall apply to open burning:

307.6.1 Hours. Open burning shall be allowed only between 8:00 a.m. and sunset, with the exception of recreational fires.

307.6.2 Prohibited materials. Burning of the following materials shall be prohibited at all times and under all conditions: yard waste, grass clippings, hazardous materials, construction waste, demolition or salvage debris, junk motor vehicles, commercial waste, industrial waste, tar or tar paper, railroad ties, oil, grease, household waste, tires, plastics, paints, petroleum products, telephone poles, rubber, dead animals, asphalt materials, preservative-treated wood, pathogenic waste, and/or insulated wire.

307.6.3 Burn barrels prohibited. Open burning in metal barrels shall be prohibited.

307.6.4 Smoke management. Any person conducting an open burn shall ensure that smoke caused by burning shall rise up and away from neighboring residences, highways, and other populated areas.

IFC section 308.1.6.3 shall be amended to read as follows:

Section 308.1.6.3 Sky Lanterns. It shall be unlawful for any person to release a sky lantern or cause a sky lantern to be released, whether tethered or untethered. It shall be unlawful for any person to sell sky lanterns inside the boundaries of the City of Meridian.

IFC section 501.3 shall be amended to read as follows:

501.3 Construction documents. Construction documents for proposed driveways, fire apparatus access, location of fire lanes, security gates across fire apparatus access roads and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction.

IFC section 501.4 shall be amended to read as follows:

501.4 Timing of installation. Where fire apparatus access roads, driveways, or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except where approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles in accordance with Section 505.2.

A new section shall be added to the provisions of the IFC as follows:

Section 501.4.1 Fire Hydrant Installation Timing. All necessary fire hydrants shall be installed and operational before any combustible materials, as such term is defined by the international building code, 2018 edition, may be brought onto the site. Failure to comply with this provision will result in a stop work order which shall be effective until all necessary fire hydrants are installed and operational.

The following words shall be added to IFC section 502.1:

DRIVEWAY

FIRE STATION

The following words shall be added to the heading of IFC section 503:

AND DRIVEWAYS

IFC section 503.1.1 shall be amended to read as follows:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Driveways shall be provided and maintained in accordance with Sections 503.1.1 through 503.4.1.

Exceptions:

The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur:

1.1

The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

1.2

Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.3

There are not more than two Group R-3 or Group U occupancies.

Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.

A new section, section 503.7, shall be added to the provisions of the IFC as follows:

Section 503.7 Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than 150 feet (45720mm) from a fire apparatus access road. Driveways shall provide a minimum unobstructed width of 12 feet (3658mm) and a minimum unobstructed height of 13 feet 6 inches (4115mm). Driveways in excess of 150 feet (45720mm) in length shall be provided with turnarounds. Driveways in excess of 200 feet (60960mm) in length and less than 20 feet (6096mm) in width may require turnouts in addition to turnarounds.

Section 503.7.1 Limits. A driveway shall not serve in excess of six (6) single family dwellings.

Section 503.7.2 Turnarounds. See Appendix D, Fire Apparatus Access Roads.

Section 503.7.3 Turnouts. Where line of sight along a driveway is obstructed by a man-made or natural feature, turnouts shall be located as may be required by the fire code official to provide for safe passage of vehicles. Driveway turnouts shall be of an all-weather road surface at least 10 feet (3048mm) wide and 30 feet (9144mm) long.

Section 503.7.4 Bridge Load Limits. Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the fire code official.

Section 503.7.5. Fire Apparatus Access Road Address Markers. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and maintained thereafter. Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction. Where multiple addresses are required at a single driveway, they shall be mounted on a single post, and additional signs shall be posted at locations where driveways divide.

Section 503.7.5.1. Lighted Address Markers. If required the address marker shall be backlit or front lit. The accompanying site map shall also be lit for Police, Fire or EMS to easily see them from dusk to dawn.

Section 503.7.6 Grade. The gradient for driveways shall not exceed 10 percent unless approved by the fire code official.

Section 503.7.7 Security Gates. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and emergency operation shall be maintained operational at all times.

Section 503.7.8 Surface. Driveways shall be designed and maintained to support the imposed loads of local responding fire apparatus and shall be surfaced as to provide all weather driving capabilities.

IFC Section 505.1.1 shall be amended to read as follows:

Section 505.1.1 Address Identification. The required height of each address number shall be calculated by the distance of the addressed building from the road, as follows: where the building is less than one hundred feet (100') from the road, the height of each address number shall be six inches (6") in height; where the building is one hundred feet to one hundred fifty feet (100—150') from the road, the height of each address number shall be at least eight inches (8") in height; where the building is one hundred fifty-one feet to two hundred feet (151—200') from the road, the height of each address number shall be ten inches (10") in height; where the building is two hundred one feet to two hundred fifty-one feet (201—251') from the road, the height of each address number shall be twelve inches (12") in height.

A new section shall be added to the provisions of the IFC as follows:

Section 505.1.2 Multi-Tenant or Suite Identification. Tenant space or suite identification shall be of sufficient size to be clearly visible from the road or drive aisle, and shall be installed on exterior front and rear access doors.

IFC section 507.2 shall be amended to read as follows:

Section 507.2 Type of Water Supply. A water supply shall consist of water delivered by fire apparatus, reservoirs, pressure tanks, elevated tanks, water mains, or other sources approved by the fire code official capable of providing the required fire flow, except that the water supply required by this code shall only apply to structures served by a municipal fire department of a fire protection district and within ten miles (16093 m) of a responding fire station.

The exceptions to IFC section 507.5.1 shall not apply.

IFC 604.5.4 shall be amended to read as follows:

Section 604.5.4 Grounding. Extension cords without a grounding lug shall not be permitted.

IFC section 903.3.7 shall be amended to read as follows:

Section 903.3.7 Fire Department Connections. The location of the fire department connection shall be within one hundred feet (100') of a fire hydrant unless approved by the fire chief or designee.

A new section shall be added to the provisions of the IFC as follows:

Section 903.4.1.1 All Buildings That Are Required To Be Sprinklered. An approved audible sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor.

A new section shall be added to the provisions of the IFC as follows:

Section 903.4.2.2 Alarms. Approved audible devices and visual alarms with a minimum candela rating of 110 shall be connected to every automatic sprinkler system on the exterior of the building per NFPA standard 13/13R located above the fire department connection. A combination audible and visual alarm device is acceptable.

IFC section 903.4.3 shall be amended to read as follows:

Section 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in institutional and multi-tenant buildings two or more stories in height.

A new section shall be added to the provisions of the IFC as follows:

Section 903.4.4 Location Of Fire Sprinkler Controls. Sprinkler riser and appurtenances shall be enclosed in a one hour rated room equipped with an exterior door.

IFC section 904.1.1 shall be amended to read as follows:

Section 904.1.1 Certification of service personnel for fire-extinguishing equipment. If required by the authority having jurisdiction, service personnel providing or conducting maintenance on automatic fire-extinguishing systems, other than automatic sprinkler systems, shall possess a valid certificate issued by an approved governmental agency, or other approved organization for the type of system and work performed.

IFC section 906.2.1 shall be amended to read as follows:

906.2.1 Certification of service personnel for portable fire extinguishers. If required by the authority having jurisdiction, service personnel providing or conducting maintenance on portable fire extinguishers shall possess a valid certificate issued by an approved governmental agency, or other approved organization for the type of work performed.

A new section shall be added to the provisions of the IFC as follows:

Section 907.1.4 Non-Required Fire Alarm Systems. Where fire alarm systems not required by the IFC as herein adopted and amended or other provision of law are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements for systems which are required by the IFC as herein adopted and amended or other provision of law.

A new section shall be added to the provisions of the IFC as follows:

Section 907.1.5 Partial Or Limited Fire Alarm Detection Systems. Where partial or limited fire alarm detection systems are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements applicable to full and/or unlimited fire alarm systems.

IFC section 912.4.1 shall be amended to read as follows:

Section 912.4.1 Locking fire department connection caps. Automatic Sprinkler and Standpipe systems shall be equipped with locking caps at all FDC connections.

IFC section 1101.1 shall be amended to read as follows:

Section 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code only, if in the opinion of the fire code official, they constitute a distinct hazard to life or property.

A new section shall be added to the provisions of the IFC as follows:

2404.3.3.7 Inflatable or Portable Spray Booths. Inflatable or portable spray booths shall be prohibited from use unless specifically listed and approved for such use.

IFC chapter 56 shall be amended as follows:

Chapter 56 Explosives and Fireworks. Delete Sections 5601.1.3, 5601.2.2, 5601.2.3, 5601.2.4.1, 5601.2.4.2, 5608.2, 5608.2.1, and 5608.3.

IFC chapter 80 shall be amended as follows:

Chapter 80 Referenced Standards. Where referenced, the following NFPA standards shall refer to same in the following editions:

NFPA Standard	Year Edition	NFPA Standard	Year Edition	NFPA Standard	Year Edition	NFPA Standard	Year Edition
2	2020	34	2018	120	2020	505	2018
4	2015	40	2019	160	2016	652	2019
10	2018	45	2019	170	2018	654	2020
11	2016	51	2018	204	2018	655	2017
12	2018	52	2019	211	2019	664	2020
12A	2018	55	2020	241	2019	701	2019
13	2019	56	2020	253	2015	703	2018
13D	2019	58	2020	260	2019	704	2017
13R	2019	59A	2019	261	2018	720	2015
14	2019	61	2020	265	2019	750	2019
15	2017	69	2019	286	2019	853	2020
16	2019	70	2020	289	2019	914	2019
17	2017	72	2019	303	2016	1122	2018
17A	2017	80	2019	318	2018	1123	2018
20	2019	85	2019	326	2020	1124	2017
24	2019	86	2019	385	2017	1125	2017
25	2020	92	2018	400	2019	1126	2021
30	2018	96	2017	407	2017	1127	2018
30A	2018	99	2018	409	2016	1221	2019
30B	2019	101	2018	410	2020	2001	2018
31	2020	105	2019	484	2019	2010	2020
32	2016	110	2019	495	2018
33	2018	111	2019	498	2018

L101.2 When FARS Required. In buildings constructed after January 1, 2022, a FARS shall be installed when any of the following conditions occur:

Building is five (5) or more stories in height above grade.

Building has two (2) or more floors below grade.

Building is 500,000 square feet or more in size.

L101.3 Location of FARS. In all buildings in which FARS is installed, each stairwell shall have a supply riser. A FARS air filling station shall be located on odd- numbered floors in the primary stairwell and on even-numbered stairs in the secondary stairwells, including stairwells below grade. For purposes of this section, "primary stairwell" shall be defined as the stairwell located closest to the main entrance; "secondary stairwell" shall be defined as all other stairwells. For buildings 500,000 square feet or more in size, an interior air fill panel shall be located within two hundred feet (200') of the main entrance and at intervals not exceeding four hundred feet (400') thereafter.

L101.4 External air fill station. A In all buildings in which FARS is installed, a minimum of one (1) external air fill station will be required for supplementing the air supply or refilling the system. Depending on the size and complexity of the facility, more than one external air fill station may be required, as specified by the firefighter air replenishment professional preparing the plans.

L101.5 FARS Plan Review. Prior to construction, plans and specifications showing the location of all FARS shall be submitted to the Fire Department plans examiner for plan review and approval prior to installation. Plans and specifications shall be prepared by a firefighter air replenishment professional and certified by an Idaho licensed professional engineer.

L101.6 Air Supply Specifications. All FARS shall have an on-site cascade system capable of refilling fifty (50) air bottles or shall provide an external ground level connection for an air supply trailer, as determined by the Fire Department plans examiner.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. 19-1853, 10-8-2019; Ord. No. 20-1905, § 7, 12-1-2020, eff. 1-1-2021; Ord. No. 21-1957, § 1, 12-7-2021)

The following codes, published by the International Code Council are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the City of Meridian, save and except such portions as hereinafter deleted, modified or amended:

The 2018 edition of the International Mechanical Code, including appendix A, as adopted by the State of Idaho, together with rules and regulations adopted by the State of Idaho, as amended by section 10-5-2 of this chapter (hereinafter IMC);

The 2018 International Fuel Gas Code including appendices A, B, C, and D, as adopted by the State of Idaho, together with rules and regulations adopted by the State of Idaho, as amended by section 10-5-3 of this chapter (hereinafter IFGC); and

IRC parts V and VI, with appendices A, B, C and D, published under the authority of the International Code Council, Inc., as adopted by the State of Idaho, together with rules and regulations adopted by the State of Idaho, as amended by section 10-5-4 of this chapter.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015; Ord. No. 20-1905, § 8, 12-1-2020, eff. 1-1-2021)

The following amendments to the IMC shall apply:

The following definitions provided in IMC section 202, Definitions, shall be amended as follows:

Light-Duty Cooking Appliance: Light-duty cooking appliances include gas and electric ovens (including standard, bake, roasting, revolving, retherm, convection, combination convection/steamer, countertop conveyorized baking/finishing, deck, pastry ovens), electric and gas steam jacketed kettles, electric and gas pasta cookers, electric and gas compartment steamers (both pressure and atmospheric) and electric and gas cheesemelters.

Medium-Duty Cooking Appliance: Medium-duty cooking appliances include electric discrete element ranges (with or without oven), electric and gas hot-top ranges, electric and gas griddles, electric and gas double sided griddles, electric and gas fryers (including open deep fat fryers, donut fryers, kettle fryers and pressure fryers), electric and gas conveyor pizza ovens, electric and gas tilting skillets (braising pans) and electric and gas rotisseries.

The following language shall be added to IMC section 401.1 Scope:

Exception: The principles specified in ASHRAE 62-2010 may be used as an alternative to this chapter to demonstrate compliance with required ventilation air for occupants.

The following language shall be added to IMC section 504.8.1 Material And Size:

Exception: Dryer duct may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available.

The following language shall be added to IMC table 603.4 Duct Construction Minimum Sheet Metal Thickness For Single Dwelling Units:

Exception: Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available.

(Ord. 17-1754, 11-28-2017, eff. 1-1-2018; Ord. No. 20-1905, § 9, 12-1-2020, eff. 1-1-2021)

IFGC section 109 shall be deleted.

The last sentence of IFGC section 406.4 shall be deleted, and replaced with language to read as follows:

Mechanical gauges used to measure test pressure shall have a range such that the highest end of the scale is not greater than two (2) times the test pressure nor lower than one and one-half (1.5) times the test pressure.

IFGC section 406.4.1 shall be deleted, and replaced with language to read as follows:

Test Pressure. Not less than twenty (20) psig (140kPa gauge) test pressure shall be required for systems with a maximum working pressure up to ten (10) inches water column. For systems with a maximum working pressure between ten (10) inches water column and ten (10) psig (70kPa gauge); not less than sixty (60) psig (420kPa gauge) test pressure shall be required. For systems over ten (10) psig (70kPa gauge) working pressure, minimum test pressure shall be no less than six (6) times working pressure.

IFGC section 406.4.2 shall be deleted, and replaced with language to read as follows:

The test duration shall not be less than twenty (20) minutes.

A new section, IFGC section 503.4.1.2, shall be added, to read as follows:

Testing. All plastic pipe within a dwelling used for venting flue gases shall be tested at five (5) psi for fifteen (15) minutes.

A new sentence shall be added to IFGC section 505.1.1, to read as follows:

An interlock between the cooking appliance and the exhaust hood system shall not be required for appliances that are of the manually operated type and are factory equipped with standing pilot burner ignition systems.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015; Ord. No. 20-1905, § 10, 12-1-2020, eff. 1-1-2021)

Two new sections, sections M1201.3 and G2402.4 (IFGC 201.4) shall be added, to read as follows:

Alternative Materials, Design And Methods Of Construction Equipment. The provisions of this part of the code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the authority having jurisdiction finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of this part of the code in lieu of specific requirements of this code shall also be permitted as an alternate.

Two new sections, sections M1201.3.1 and G2402.4.1 (IFGC 201.4.1) shall be added, to read as follows:

Tests. Whenever there is insufficient evidence of compliance with the provisions of this part of the code, or evidence that a material or method does not conform to the requirements of this part of the code, or in order to substantiate claims for alternative materials or methods, the authority having jurisdiction shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the authority having jurisdiction shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the authority having jurisdiction for the period required for retention of public records.

A new section, section M1203.1, shall be added, to read as follows:

Carbon Monoxide Alarms. For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages.

A new section, section M1203.2, shall be added, to read as follows:

Where Required In Existing Dwellings. Where interior work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with this section.

A new section, section M1203.3, shall be added, to read as follows:

Alarm Requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.

A new sentence shall be added to section M1502.4.1, to read as follows:

Material And Size. Dryer duct may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available.

Section M1502.4.2 shall be deleted, and replaced with language to read as follows:

Duct Installation. Exhaust ducts shall be supported at four (4) foot (1219 mm) intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Ducts shall not be joined with screws or similar fasteners that protrude into the inside of the duct.

The following language shall be added to table M1601.1.1(2):

Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available.

The last sentence of section G2417.4 (406.4) shall be deleted, and replaced with language to read as follows:

Section G2417.4.1 (IFGC 406.4.1) shall be deleted, and replaced with language to read as follows:

The test pressure shall not be less than twenty (20) psig (one hundred forty (140) kPa gauge) test pressure shall be required for systems with a maximum working pressure up to ten (10) inches water column. For systems with a maximum working pressure between ten (10) inches water column and ten (10) psig (seventy (70) kPa gauge), not less than sixty (60) psig (four hundred twenty (420) kPa gauge) test pressure shall be required. For systems over ten (10) psig (seventy (70) kPa gauge) working pressure, minimum test pressure shall be no less than six (6) times working pressure.

Section G2417.4.2 (IFGC 406.4.2) shall be deleted, and replaced with language to read as follows:

The test duration shall not be less than twenty (20) minutes.

A new section, section G2427.4.1.2, shall be added, to read as follows:

Testing. All plastic pipe within a dwelling used for venting flue gases shall be tested at five (5) psi for fifteen (15) minutes.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015; Ord. No. 20-1905, § 11, 12-1-2020, eff. 1-1-2021)

Permit and inspection fees. Fees for permits and inspections shall be fixed by the City Council by resolution.

Payment due upon issuance. Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid.

Permit fee refunds. Up to eighty (80) percent of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the community development department director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review.

Permit transfer. A permit granted pursuant to this chapter may be transferred from one (1) permit holder to another permit holder upon written request by the current permit holder to the community development department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the community development department director or designee; if transfer is attempted without written approval of the community development department director or designee, such permit shall be deemed void.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015)

Misdemeanor; penalty imposed. A violation of this chapter is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this chapter or of the IMC, IFGC, IRC part V, or IRC part VI, as adopted and amended herein, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or fails to comply with such an order as affirmed or modified by the building official or board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense.

Removal of prohibitive conditions. The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions.

Civil action. Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City Council may institute a civil action in the district court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted.

(Ord. 14-1633, 12-2-2014, eff. 1-1-2015)

Statutory authority. The legislature of the State of Idaho, in Idaho Code §§ 46-1020 through 46-1024, authorizes local government units to adopt a floodplain map and floodplain management ordinance that identifies floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare of its citizenry.

Findings of fact.

The special flood hazard areas of the City of Meridian are subject to periodic inundation which can result in loss of life, property damage, hazard to health and safety, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are aggravated by the cumulative effect of obstructions in special flood hazard areas which increase flood elevations. Development that is inadequately floodproofed, elevated, or otherwise protected from flood damage also contributes to flood losses.

Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed.

To protect human life and health;

To minimize expenditure of public money and costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that information regarding the location of special flood hazard areas is readily available to potential property buyers and other interested people; and

To ensure that those who occupy special flood hazard areas assume responsibility for their actions.

Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for managing development in flood prone areas to ensure that.

Structures are designed and built to acceptable standards to be protected from flooding, and

Development does not increase the potential for flood damage by elevating floodwater above regulatory limits.

(Ord. 20-1879, 5-12-2020)

Unless specifically defined below for purposes of this chapter only, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

Appeal. A request to City Council to overrule a permit denial because the applicant claims that the ordinance has been incorrectly interpreted.

Base flood. The flood having a one-percent chance of being equaled or exceeded in any given year. Also referred to as the "regulatory flood," or "100-year flood."

Base flood elevation (BFE). The water surface elevation during the base flood in relation to a specified datum. The base flood elevation (BFE) is depicted on the flood insurance rate map (FIRM) to the nearest foot and in the flood insurance study (FIS) to the nearest one-tenth of a foot.

Basement. Any portion of a structure, with its floor sub grade (below ground level) on all sides.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings or other structures, or the construction of substantial improvements to buildings or other structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials; and the deposition or extraction of materials; specifically including the construction of dikes, berms, dams and levees.

Elevation certificate, final. The approved FEMA Elevation Certificate identified as FEMA Form 81-31, completed prior to the City of Meridian approval of the certification of occupancy. The final elevation certificate is identified by the completion of the "Finished Construction" item in Section C.1 of the current FEMA form.

Elevation certificate, interim. The approved FEMA Elevation Certificate identified as FEMA Form 81-31, completed prior to the City of Meridian approval of the foundation inspection. The interim elevation certificate is identified by the completion of the "Building Under Construction" item in Section C.1 of the current FEMA form.

Flood or flooding.

A general and temporary condition of partial or complete inundation of normally dry land areas from.

The overflow of inland or tidal waters, and/or

The unusual and rapid accumulation of runoff of surface waters from any source.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph A.2. of this definition are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph A.1. of this definition.

Flood insurance rate map (FIRM). The official map of a community, issued by the Federal Insurance Administrator delineating the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS). An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as the "flood elevation study."

Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source. See "flood or flooding."

Floodplain administrator. The community official designated by title to administer and enforce the floodplain management regulations.

Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood protection elevation (FPE). The elevation above the base flood elevation to which the lowest floor of a structure must be elevated. The flood protection elevation for the City of Meridian shall be two (2) feet above base flood elevation.

Floodway (aka "regulatory floodway"). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Regulations require that the floodway be kept open so that flood flows are not obstructed or diverted onto other properties. If the base flood is entirely contained within the banks of a clearly defined channel, the entire channel may be defined as a floodway.

Historic structure. A structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area of a structure (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a structures' lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. The lowest floor is a determinate for the flood insurance premium for a building, home or business.

Manufactured home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Meridian Floodplain Overlay District. Area regulated by this section of Code.

Meridian Floodway Overlay District. Floodway portion of the Meridian Floodplain Overlay District regulated by this Code.

New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Operation, cleaning, maintenance or repair of irrigation facilities:

Cleaning. Mowing, cutting, or burning of weeds, trees and other nuisance growth, including algae growth, application of pesticides, removal of beaver dams, and removal of trash or other debris, whether floating, lodged or otherwise obstructing the conveyance of water flow through channels and works.

Maintenance. Ongoing upkeep of existing structures required to keep channels in a condition adequate to support the conveyance of irrigation and drainage water; the care or upkeep of channels, works, appurtenances, easements, utility corridors and property; to keep in an existing state, specified state of repair, and efficiency; return to a former condition, elevation, place, and position; to preserve from failure or decline; or to repair or renovate so as to return it to its original condition. "Maintenance" shall not include complete or substantial replacement of an existing structure, or "dredging," as defined herein.

Operation. The performance of typical work by an irrigation or drainage entity including, but not limited to. the delivery or drainage of water, measurement of water, and adjustment of irrigation and drainage works and all related appurtenances.

Repair. The restoration to good or sound condition of any part of an existing structure, channel, channel bank, or service road for the purpose of maintenance (this does not include the complete replacement or substantial replacement of an existing structure). "Repair" shall not include "dredging," as defined herein.

Recreation vehicle. A vehicle that is:

Built on a single chassis,

400 square feet or less when measured at the largest horizontal projection,

Designed to be self-propelled or permanently towed by a light duty truck, and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special flood hazard area (SFHA). The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as Zone A, AO, AH, AE, AR, "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

Start of construction. Includes substantial improvement, and means the date the development, building or floodplain development permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building, including a gas or liquid storage tank that is principally above ground as well as a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. If a substantial improvement is being made to a structure, the entire structure must be brought into compliance with the provisions of this Code. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not include either:

Any project for improvement of a structure to correct existing state or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official and which are solely necessary to assure safe living conditions, or

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as an historic structure.

Variance. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Ord. 20-1879, 5-12-2020)

Lands to which this chapter applies. This chapter shall apply to all areas of the "Meridian Floodplain Overlay District" as defined in section 10-6-2 of this chapter within the jurisdiction of the city.

Basis for establishing the Meridian Floodplain Overlay District and the Meridian Floodway Overlay District.

The Meridian Floodplain Overlay District is initially defined by overlaying the FEMA effective FIRM SFHA onto digital maps and amending it through engineering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, then applying a ten-foot horizontal buffer to expand the area. Amendments to the district due to hydraulic analysis or field surveys shall be reviewed and made available by the floodplain administrator. The Meridian Floodplain Overlay District will always include at least the SFHA as depicted on the FEMA effective FIRM and shall not be decreased by FEMA letters of map revisions based on fill (LOMR-F).

The Meridian Floodway Overlay District is initially defined by overlaying a FEMA mapped floodway or a local floodway defined by subsection 10-6-5.B. of this chapter onto digital maps and amending it through engineering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, then applying a five-foot horizontal buffer to expand the area. Amendments to the district due to hydraulic analysis or field surveys shall be reviewed and made available by the floodplain administrator. The Meridian Floodway Overlay District will always include at least the floodway mapped by FEMA shown on the effective FIRM.

Basis for establishing special flood hazard areas. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "The Flood Insurance Study (FIS) for Ada County Idaho and Incorporated Areas" effective June 19, 2020, and the accompanying flood insurance rate maps (FIRM) and/or digital flood insurance rate maps (DFIRM), are hereby adopted by reference and declared to be a part of this chapter together with any subsequent revisions thereof. The flood insurance study and flood insurance rate map(s) are on file in the office of the floodplain administrator at 33 E. Broadway Avenue, Meridian, Idaho.

Penalties for noncompliance. No development shall take place without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Additionally, in the event that any of the requirements of this chapter are in conflict with those of 44 CFR parts 59 - 65, the more stringent restrictions shall prevail.

Severability. This chapter is hereby declared to be severable. Should any portion of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose of this chapter before declaration of partial invalidity.

Interpretation. In the interpretation and application of this chapter all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 20-1879, 5-12-2020)

Establishment of floodplain development permit.

Floodplain development permit required. A floodplain development permit shall be obtained before construction or development begins within any area of Meridian Floodplain Overlay District as defined in subsection 10-6-2 of this chapter. The permit shall be for all development including fill and other activities also as set forth in section 10-6-2 of this chapter.

Application for floodplain development permit. Application for a floodplain development permit shall be made on forms furnished by the floodplain administrator and the applicant may be required to include, but not limited to; plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing and proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

Description of site work to be done in the Meridian Floodplain Overlay District.

Base flood elevations and floodway location in the project area.

Proposed elevation of the lowest floor and other critical components of all structures such as crawlspaces, mechanical and electrical equipment, vent locations, check structures, pipe elevations, etc.

Hydraulic and hydrologic calculations and backwater model results showing the effect of the development on base flood elevations for areas included in the Meridian Floodplain Overlay and floodway overlay districts including areas without a FIS-mapped floodway.

No rise certification and hydraulic and hydrologic calculations including backwater model results verifying no rise results for work in the Meridian Floodway Overlay District.

General irrigation floodplain development permit (GIFD). A GIFD applies to qualifying activities within the Meridian Floodplain Overlay District. GFID permits may be issued to an irrigation entity for a period not to exceed five (5) years. Examples of activities eligible under this provision include:

Dredging and grading of irrigation and drainage channels, when the fill from dredging or grading is not deposited on the banks of channels or anywhere within the regulatory floodway or SFHA for longer than ten (10) days.

Seasonal grading within natural stream channels to check or direct water into irrigation facilities (i.e. earthen "push-up dams" and "wing dams").

Deposition of fill within the SFHA for less than ten (10) days. After ten (10) days, deposited fill must be removed from the SFHA, or graded and compacted to existing grade within ± 0.2 feet. Deposition of fill includes deposition of material resulting from grading or excavating irrigation or drainage channels. Deposition of fill within the mapped floodway requires an individual permit.

Construction of new underground utilities that do not permanently alter the existing grade elevations by ± 0.5 feet. Excess soil from new pipes larger than two (2) feet in diameter must be disposed of outside the regulatory floodway and SFHA.

In-kind replacement of irrigation and drainage works or components including but not limited to control gates or head gates, measuring devices and their housing structures/stilling wells, culverts, pumps, pipes, flumes, siphons and similar works. GIFD permits cannot authorize the in-kind replacement of dams or bridge structures.

New driveways, trails, sidewalks, roads and streets constructed completely at-or-below existing grade.

Armoring, stabilizing, securing, or in-kind replacement of existing infrastructure within the channel banks (such as bridge piers, sewer/utility supports and storm water/sewer drainage outfalls/headwalls) when the dimensions (bank slopes, channel location, channel elevation) of the channel are not altered. This should not involve replacement with larger or additional above ground infrastructure.

Designation of Floodplain Administrator. The Floodplain Administrator shall be designated by the City Engineer, and is hereby appointed to administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions.

Duties and responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator shall include, but not be limited to:

Review and evaluate floodplain development permit applications:

Determine whether the permit requirements of this chapter have been satisfied.

Obtain evidence of approvals for all necessary additional federal, state, or local permits and approvals if applicable.

Require that interim and final elevation certificates, final floodproofing certificates, and/or other as built documents are properly completed by a qualified professional engineer or land surveyor licensed in the State of Idaho and submitted by the permit applicant before certificates of occupancy are granted for the project.

When base flood elevation data or floodway data are not available, then the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this chapter.

Conduct inspections of all development in the Meridian Floodplain Overlay District in coordination with the designated building official to ensure that the provisions of this chapter are met.

Notify adjacent communities and the state Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administrator and assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

Maintain the following information for public inspection:

Floodplain development permit applications and attachments.

Results of hydraulic studies as required by this chapter.

No rise certificates as required by this chapter.

Floodproofing certificates for all new and substantially improved structures.

Elevation certificates of all new and substantially improved structures.

Any other documents pertaining to the provisions of this chapter.

Make interpretations, where needed, as to specific location of the boundaries of the special flood hazard area or Meridian floodplain and floodway overlay districts (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the federal insurance administrator (FIA) of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

Upon occurrence, notify the federal insurance administrator (FIA) in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all FIRM's accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.

Appeals and variances.

Appeal and variance procedures.

The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. The Floodplain Administrator and applicant shall consult with the city engineer prior to appealing to City Council.

Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the 4th Judicial District Court, Ada County, Idaho, pursuant to Idaho Code, chapter 52, title 67.

In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location, where applicable;

(6)

The availability of alternative locations for the proposed use which are not subject to flooding;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

The Floodplain Administrator shall maintain the records of all appeal actions including justification for issuance and report any variances to the federal insurance administrator upon request.

Conditions for variances.

Variances shall not be issued within the Meridian Floodway Overlay District if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause; reasons that do not constitute good and sufficient cause include. loss of property value, inconvenience to the property owner, or lack of funding to comply.

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(3)

A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(4)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Any variance should allow only minimum deviation from the requirements of this Code.

Upon consideration of the factors of subsection D.1.d. of this section and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods.

Any applicant to whom a variance is granted shall be given written notice by the floodplain administrator that the structure permitted to be built with the lowest floor below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage and that such development increases risks to life and property.

(Ord. 20-1879, 5-12-2020)

Standards for the Meridian Floodplain Overlay District.

Engineering and mapping requirements.

Determination of base flood elevations (BFEs). The floodplain development permit applicant may contact the City Floodplain Administrator to determine the base flood elevation. If the Floodplain Administrator is unable to determine the base flood elevation through FIS profiles and/or simplified methods, then the floodplain development permit applicant shall retain the services of a qualified State of Idaho Licensed Professional Engineer, or professional land surveyor to determine BFEs before and after the proposed development. BFEs shall be determined based on FIRMs, previous studies, by performing a hydraulic analysis, or other methods approved by the Floodplain Administrator. The applicant must check with the Floodplain Administrator to determine if additional updated information on BFEs is available.

Effect of development on BFE. In areas where a floodway has not been determined, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one (1) foot at any point unless letter of map change (LOMC) provisions in 44 CFR Part 65 are met. It is the responsibility of the city acting through the Floodplain Administrator to allocate the one (1) foot increase to best serve the purposes and objectives of this chapter.

Floodway mapping. In floodplains where the floodway is not shown on the FIRM, the floodplain development permit applicant shall retain the services of a qualified State of Idaho Licensed Professional Engineer to determine the location of a local floodway. Development in the Meridian Floodway Overlay District shall then meet the standards for development specified in subsection 10-6-5.B. below.

Construction requirements for new construction and substantial improvements of structures.

Elevation requirements.

(1)

For all residential construction and new nonresidential construction the lowest floor elevation of any structure, including basements, or mobile/manufactured homes, shall be elevated to the flood protection elevation of no less than two (2) feet above the base flood elevation.

(2)

For all residential construction and new nonresidential construction, any crawlspace or other unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement, shall be elevated to a minimum of one (1) foot above the base flood elevation.

(3)

All manufactured homes shall be elevated on a permanent foundation and meet the same elevation requirements as other structures.

(4)

Lots for new construction, removed from a defined special flood hazard area as shown on the effective FIRM through a letter of map change based on fill (LOMR-F), but within the Meridian Floodplain Overlay District, may elevate the lowest floor to a flood protection elevation of one (1) foot above the base flood elevation provided the post development base flood water surface elevation increase is less than one (1) foot as determined by approved engineering hydraulic analysis and flooding source peak discharges do not exceed one thousand five hundred (1,500) cfs per FIS data tables. Lots where post development base flood water surface elevation increase is one (1) foot or greater, or flooding source peak discharges exceed one thousand five hundred (1,500) cfs shall comply with the elevation requirements of subsections A.2.a.(1) and A.2.a.(2) of this section.

Floodproofing requirements.

(1)

For existing non-residential construction, including development which is considered a substantial improvement, the lowest floor area of any structure, including basements, and any unfinished enclosure area shall either be elevated to conform with subsections 10-6-5.A.2.a.(1) and (2) above or be dry floodproofed, together with attendant utility and sanitary facilities, below the flood protection elevation as defined in section 10-6-2, so that the structure is water tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a qualified State of Idaho Licensed Professional Engineer that the standards above have been satisfied.

Anchoring.

(1)

All construction shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (reference FEMA guidebooks for additional techniques).

Construction materials and methods.

(1)

All construction below BFE shall be done with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also all joints, insulation or other materials that extend below the BFE.

(2)

All construction shall use methods and practices that minimize flood damage.

(3)

All building utility systems, including electrical, heating, ventilation, plumbing, air conditioning, ductwork and other service facilities shall be elevated at least one (1) foot above the BFE.

Utilities and drainage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Land development applications.

All land development shall be consistent with the need to minimize flood damage.

All land development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

All land development shall have adequate drainage provided to reduce exposure to flood damage.

Include base flood elevation data for all proposals greater than fifty (50) lots or five (5) acres, whichever is the lesser.

Storage of materials and equipment. Storage of the following materials is prohibited within the Meridian floodplain overlay district:

The following materials, regardless of how they are stored:

Acetone	Carbon Disulfide	Prussic Acid	Phosphorus
Ammonia	Celluloid	Magnesium	Potassium
Benzene	Chlorine	Nitric Acid	Sodium
Calcium Carbide	Hydrochloric Acid	Oxides of Nitrogen	Sulfur

All other materials that are buoyant, flammable, noxious, toxic or otherwise injurious to persons or property if transported by floodwaters, except those identified in item a. above, are prohibited unless elevated to the flood protection elevation and using a storage method designed to resist flood related forces including hydrostatic, hydrodynamic, buoyancy and debris impact forces.

Recreation vehicles.

Recreational vehicles located in the Meridian Floodplain Overlay District must either:

(1)

Be onsite for fewer than one hundred eighty (180) consecutive days;

(2)

Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions, or;

(3)

Meet all the requirements for new construction and substantial improvements of structures as specified in subsection 10-6-5.A.2.

Standards for the Meridian Floodway Overlay District.

Development is prohibited in a mapped floodway as shown on the effective FIRM unless the provisions of 44 CFR 60.3(d) are met; and a "no-rise" certification is provided by a qualified state of Idaho licensed professional engineer and accompanied by hydrologic and hydraulic analysis performed in accordance with standard engineering practice, including. but not limited to. supporting engineering data and that information which is required under section 10-6-4.A.1. supporting the determination that the floodway development will not cause any increase to BFEs at any point or a conditional letter of map revision (CLOMR) has been approved by FEMA. If a CLOMR has been approved a letter of map revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.

In areas where a floodway has not yet been mapped on the FIRM, the floodplain development permit applicant shall retain the services of a qualified licensed professional engineer to determine the location of a local floodway for purposes of this chapter. Once determined, development within the locally mapped floodway will not be allowed unless a "no-rise" standard is met as stated in item 1. above.

Existing local and state highway bridges and culverts that are extended or improved using public funds may be exempt from the "no-rise" standard if they are not in a mapped floodway as shown on the FIRM.

(Ord. 20-1879, 5-12-2020)

The City Council of the City of Meridian, Idaho, finds that.

Based on the City of Meridian Comprehensive Plan adopted by the city pursuant to title 67, chapter 65, Idaho Code, including, but not limited to, the capital improvements element of the comprehensive plan, and the general governmental goal of protecting the health, safety, and general welfare of the citizens of the city, and its area of city impact, it is necessary that the city's public facilities for:

Park and recreation public facilities; and

Public safety public facilities for law enforcement and fire to accommodate new growth and development within the city, and its area of city impact.

New residential and nonresidential growth and development imposes and will impose increasing demands upon the public facilities.

The revenues generated from new residential and nonresidential growth and development often do not generate sufficient general funds to provide the necessary improvements of these public facilities to accommodate new growth and development.

New growth and development are expected to continue, and will place ever increasing demands on the city to provide and expand the public facilities to serve new growth and development.

The city has planned for the improvement of the public facilities in the capital improvements element of the City of Meridian Comprehensive Plan.

The creation of an equitable impact fee system would enable the city to impose a proportionate share of the costs of needed improvements to the public facilities to accommodate new growth and development, and would assist the city in implementing the capital improvements element of the comprehensive plan.

In order to implement an equitable impact fee system for the public facilities, the city retained BBC Research & Consulting to prepare an impact fee study for these types of facilities. The resulting document titled "The City of Meridian Impact Fee Study And Capital Improvements Plan", dated August 28, 2006 (the "impact fee study"), recommended for approval by the impact fee advisory committee, is on file in the office of the City Clerk of the City of Meridian.

The impact fee study is consistent with the capital improvements element of the City of Meridian Comprehensive Plan, and uses the levels of service set forth in the comprehensive plan for these public facilities.

The impact fee study sets forth reasonable methodologies and analyses for determining the impacts of various types of new growth and development on the public facilities, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such public facilities created by new growth and development.

The impact fee study uses a calculation methodology in accordance with generally accepted accounting principles that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers, and included consideration of the following factors:

The cost of existing system improvements within the service area;

The means by which existing system improvements have been financed;

The extent to which the new growth and development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions;

The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future;

The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area;

Extraordinary costs, if any, incurred in serving the new growth and development;

The time and price differential inherent in a fair comparison of impact fees paid at different times; and

The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation.

The maximum allowable impact fees described in this chapter are based on the impact fee study, and do not exceed the costs of system improvements for the public facilities to serve new growth and development that will pay the impact fees.

The police, fire, and parks and recreation public facilities included in the calculation of impact fees in the impact fee study will benefit all new growth and development throughout the city, and it is therefore appropriate to treat all areas of the city and the area of city impact as a single service area for purposes of calculating, collecting and spending the impact fees collected.

There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this chapter and the impact fees that such development will be required to pay.

This chapter creates a system by which impact fees paid by new growth and development will be used to finance, defray or to provide capital improvements for the public facilities in ways that benefit the development for which impact fees were paid.

This chapter creates a system under which impact fees shall not be used to correct existing deficiencies in public facilities, or to replace or rehabilitate existing public facilities, or to pay for routine operation or maintenance of those public facilities.

This chapter is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning impact fee ordinances.

(Ord. 06-1255, 9-5-2006)

This chapter is enacted pursuant to the city's general police powers pursuant to the authority granted to the city by Idaho Code title 50, and pursuant to the authority granted to the city by Idaho Code § 67-8201 et seq.

The provisions of this chapter shall apply to all of the territory within the limits of the city and to any unincorporated areas of the city within the city's area of city impact where the city has executed an intergovernmental agreement with Ada County for purposes of collection or expenditure of impact fees pursuant to Idaho Code § 67-8204A, and other applicable laws of the State of Idaho.

This chapter is effective December 1, 2006 (the "effective date"), which effective date is at least thirty (30) days subsequent to the passage, approval and publication, according to law, of Ordinance 06-1255, which adopted the provisions hereof.

Applications for building permits received by the city prior to the effective date hereof, or amendments hereto, adopting impact fees or amending or adopting any methodology by which impact fees are calculated, will be exempt from that portion of this chapter, or amendment enacted after such building permit application, if a valid building permit has been issued or construction has commenced prior to the effective date of this chapter, or amendment. For building permits that expire or are revoked after the effective date hereof, the fee payer shall be entitled to a refund of previously paid impact fees as provided further in section 10-7-7 of this chapter, provided that in the case of reapplication for building permit, the impact fee in effect at that time shall be paid.

Notwithstanding any other provision of law, development requirements for system improvements shall be imposed by the city only by way of impact fees imposed pursuant to and in accordance with Idaho Code § 67-8201 et seq., and this chapter.

(Ord. 06-1255, 9-5-2006)

The intent of this chapter is to promote the health, safety and general welfare of the residents of the city and its area of city impact.

The intent of this chapter is to be consistent with those principles for allocating a fair share of the cost of capital improvements to public facilities to serve new growth and development in compliance with the provisions set forth in Idaho Code § 67-8201 et seq. The provisions of this chapter shall be interpreted, construed and enforced in accordance with the provisions set forth in Idaho Code § 67-8201 et seq.

The intent of this chapter is that impact fees should be charged, collected, and expended for police, fire, and parks and recreation capital improvements to increase the service capacity of such categories of public facilities, which capital improvements are included in approved capital improvements plans that list the capital improvements that may be funded with impact fees.

The intent of this chapter is to ensure that: Public facilities are available to serve new growth and development; new growth and development bears a proportionate share of the cost of police, fire, and parks and recreation capital improvements to such public facilities; such proportionate share does not exceed the cost of the capital improvements to such public facilities required to serve new growth and development; and the funds collected from new growth and development are used for capital improvements for public facilities that benefit new growth and development.

It is not the intent of this chapter to collect any monies from new growth and development in excess of the actual amount necessary to offset new demands for capital improvements to public facilities created by such new growth and development.

It is not the intent of this chapter that the impact fees be used to remedy any deficiency in police, fire, and parks and recreation capital improvements existing on the effective date hereof, or ever be used to replace, rehabilitate, maintain and/or operate any public facilities.

It is not the intent of this chapter that any monies collected from an impact fee deposited in an impact fee fund ever be commingled with monies from a different fund, or ever be used for capital improvements that are different from those for which the impact fee was paid.

It is not the intent of this chapter that impact fees be used for:

Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plans.

Repair, operation or maintenance of existing or new capital improvements.

Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.

Upgrading, updating, expanding or replacing existing capital improvements to serve existing development to provide better service to existing development.

Administrative and operating costs of the city unless such costs are attributable to development of the capital improvements plans used to determine impact fees by a surcharge imposed by ordinance on the collection of an impact fee, which surcharge shall not exceed a development's proportionate share of the cost of preparing the capital improvements plans.

Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the city to finance capital improvements identified in the capital improvements plans.

(Ord. 06-1255, 9-5-2006)

Affordable housing. Housing affordable to families whose incomes do not exceed eighty (80) percent of the median income for the service area.

Building permit. An official document or certificate by that name issued by the city authorizing the construction or siting of any building.

Capital improvements. Improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a public facility.

Capital improvements element. A component of a comprehensive plan.

Capital improvements plan. A plan adopted pursuant to this chapter that identifies capital improvements for which impact fees may be used as a funding source.

City. The City of Meridian, Idaho.

City Council. The legislative body of the City of Meridian, Idaho.

Developer. Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to Idaho Code §§ 50-1301 through 50-1334, and title 11, chapter 6 of this Code.

Development. Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land.

Development approval. Any written authorization from a governmental entity which authorizes the commencement of a development.

Development requirement. A requirement attached to a development approval or other governmental action approving or authorizing a particular development including, without limitation, a rezoning, which development requirement compels the payment, dedication or contribution of goods, services, land and/or money as a condition of approval.

Dwelling unit. A building or portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one (1) or more rooms which are arranged, designed or used as living and/or sleeping quarters for one (1) or more persons. Dwelling unit includes a mobile home, a manufactured home, a modular building, and individual units in a multifamily building.

Extraordinary costs. Those costs incurred as a result of extraordinary impact.

Extraordinary impact. An impact which is reasonably determined by the city to: Result in the need for police, fire, and parks and/or recreation system improvements, the cost of which will significantly exceed the sum of the impact fees to be generated from the project; or result in the need for police, fire, parks and recreation system improvements that are not identified in the capital improvements plans.

Fee administrator. The official appointed by the Mayor with the City Council approval to administer this chapter.

Fee payer. A person who pays or is required to pay an impact fee or the fee payer's successor in interest.

Governmental entity. Any unit of local government that is empowered by Idaho Code § 67-8201 et seq., to adopt an impact fee ordinance.

Impact fee. A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.

Impact fee study. The document entitled the "City of Meridian Impact Fee Study and Capital Improvements Plan", dated July 3, 2006, prepared by BBC Research & Consulting for the city.

Land use assumptions. A description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a twenty-year period.

Level of service. A measure of the relationship between service capacity and service demand for public facilities.

Manufactured home. A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (6) feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC 5401 et seq.

Modular building. Any building or building component, other than a manufactured home, which is constructed according to standards contained in the building code, as adopted by the city or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.

Multifamily. A building or portion thereof, containing two (2) or more dwelling units, excluding attached single-family townhouse units located on individual lots.

Owner. The person holding legal title to real property, including the local, state or federal government or any subdivision thereof.

Person. An individual, corporation, governmental agency, business trust, estate, partnership, association, two (2) or more persons having a joint or common interest, or any other entity.

Present value. The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money.

Project. A particular development on an identified parcel of land.

Project improvements. Site improvements and facilities that are planned and designed to provide service for a project and that are necessary for the use and convenience of the occupants or users of the project.

Proportionate share. That portion of the cost of system improvements determined pursuant to Idaho Code § 67-8207, and section 10-7-5 of this chapter, which reasonably relates to the service demands for public facilities of a project.

Public facility(ies).

Parks open space and recreation areas, and related capital improvements; and

Public safety facilities, including law enforcement and fire facilities.

Service area. The territory within the limits of the city and the city's area of city impact.

Successor in interest. A person who gains legal title in real property for which an impact fee is paid or a credit is approved pursuant to the terms of this chapter.

System improvement costs. Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in Idaho Code § 50-1702(h), to provide additional public facilities needed to serve new growth and development. For clarification, system improvement costs do not include:

Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plans;

Repair, operation or maintenance of existing or new capital improvements;

Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;

Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;

Administrative and operating costs of the governmental entity unless such costs are attributable to development of the capital improvements plans, as provided in Idaho Code § 67-8208; or

Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plans.

System improvements. In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements the City has the authority to make as described in Idaho Code § 50-1703.

(Ord. 06-1255, 9-5-2006; Ord. 19-1830, 6-11-2019)

Any application for a building permit enabling the construction, and in the case of construction that does not require a building permit, any building that takes place on or after the effective date of this chapter shall be subject to the imposition of impact fees in the manner and amount set forth in this chapter. The methodology adopted for the purpose of determining police, fire, and parks and recreation impact fees shall be based upon the assumptions set forth in the impact fee study.

Impact fees shall be required as a condition of approval of all residential and nonresidential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit or a nonresidential building. Except as otherwise provided herein, after the effective date of this chapter, no building permit shall be issued until the impact fees described in this chapter have been paid, unless the development for which the permit is sought is exempted by section 10-7-8 of this chapter or approved credits are used to cover the impact fee, as set forth in section 10-7-9 of this chapter. The Fee Administrator shall have the authority to withhold a building permit or stop construction, as the case may be, until the appropriate impact fee has been collected.

A fee payer required by this chapter to pay an impact fee may choose to have the amount of such impact fee determined pursuant to either the fee schedule or subsections (D) through (F) of this section. If the fee payer chooses to have the amount of such impact fee determined pursuant to subsections (D) through (F) of this section, such impact fee shall be subject to the adjustment described in section 10-7-9 of this chapter, if applicable. If the project is a mix of those uses listed on the fee schedule, then the impact fees shall be determined by adding up the impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee schedule.

Individual assessment of impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact fee is inappropriate for the project. Written application for individual assessment shall be made to the fee administrator at any time prior to receiving building permit(s). Late applications for individual assessment of impact fees may be considered for a period of sixty (60) days after the receipt of a building permit only if the fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of a building permit and that undue hardship would result if said application is not considered. Such independent impact fee calculation study for the fee payer's development shall be prepared at the fee payer's cost by a qualified professional and contain studies, data and other relevant information and be submitted to the fee administrator for review. Any such study shall be based on the same methodology and the same level of service standards, improvements and costs used in the impact fee study, and must document the methodologies and assumptions used. The city may hire a professional consultant to review any independent impact fee calculation study on behalf of the city, and may charge the reasonable costs of such review to the fee payer.

Any independent impact fee calculation study submitted by a fee payer may be accepted, rejected or accepted with modifications by the city as the basis for calculating impact fees. The city shall not be required to accept any study or documentation the city reasonably deems to be inaccurate or unreliable, and shall have the authority to request that the fee payer submit additional or different documentation for consideration in connection with review of any independent impact fee calculation. If such additional or different documentation is accepted or accepted with modifications as a more accurate measure of the impact fees due in connection with fee payer's proposed development than the applicable impact fees set forth in the fee schedule, then the impact fee due under this chapter shall be calculated according to such documentation.

The fee administrator shall render a written decision establishing the impact fees in connection with the individual assessment within thirty (30) days of the date a complete application is submitted. The decision shall include an explanation of the calculation of the impact fees, shall specify the system improvement(s) for which the impact fees are intended to be used, and shall include an explanation of the following factors considered:

The cost of existing system improvements within the service area;

The means by which existing system improvements have been financed;

The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future;

The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area;

Extraordinary costs, if any, incurred in serving the new growth and development;

The time and price differential inherent in a fair comparison of impact fees paid at different times; and

The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation.

Certification of the impact fee for a project may be applied for in the following manner:

Written application may be made to the fee administrator not later than sixty (60) days after development approval by the City Council. Late applications for certification of the impact fee will not be considered unless the fee payer makes a showing that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered.

The Fee Administrator shall provide the fee payer with a written impact fee certification for the project within thirty (30) days of the date a complete application is submitted. The certification provided by the fee administrator shall establish the impact fee for the project in question, so long as there is no material change to the project as identified in the certification application or the impact fee schedule. The certification shall include an explanation of factors considered, and shall specify the system improvement(s) for which the impact fee is intended to be used.

The certification shall include an explanation of the calculation of the impact fee, shall specify the system improvement(s) for which the impact fee is intended to be used, and shall include an explanation of the factors considered, which factors are identified in subsection (F) of this section.

Appeals of the fee administrator's determination of an individual assessment or certification shall be made to the city as provided further in this chapter.

The city recognizes that there may be circumstances where the anticipated fiscal impacts of a proposed development are of such magnitude that the city may be unable to accommodate the development without excessive or unscheduled public expenditures that exceed the amount of the anticipated impact fees from such development. If the city determines that a proposed development would create such an extraordinary impact on the city's police, fire, and/or parks and recreation public facilities, the city may refuse to approve the proposed development. In the alternative, the city may calculate a pro rata share per dwelling unit, or square feet of nonresidential buildings, of the extraordinary impact and charge a reasonable extraordinary impact fee that is greater than would ordinarily be charged.

If the city discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share, city shall, at the time of assessment on a case by case basis, adjust the impact fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by ordinance.

(Ord. 06-1255, 9-5-2006)

After the effective date of this chapter all fee payers shall pay the impact fees as provided by this chapter to the fee administrator following application for a building permit and prior to the issuance of any building permit for a dwelling unit, or nonresidential building.

All impact fees paid by a fee payer pursuant to this chapter shall be promptly deposited in the impact fee fund described in section 10-7-7 of this chapter.

(Ord. 06-1255, 9-5-2006)

There is hereby established a police impact fee fund into which shall be deposited all police impact fees for the purpose of ensuring police impact fees collected pursuant hereto are designated for the accommodation of police capital improvements reasonably necessary to serve new growth and development that paid the impact fee.

There is hereby established a fire impact fee fund into which shall be deposited all fire impact fees for the purpose of ensuring fire impact fees collected pursuant hereto are designated for the accommodation of fire capital improvements reasonably necessary to serve new growth and development that paid the impact fee.

There is hereby established a parks and recreation impact fee fund into which shall be deposited all parks and recreation impact fees for the purpose of ensuring parks and recreation impact fees collected pursuant hereto are designated for the accommodation of parks and recreation capital improvements reasonably necessary to serve new growth and development that paid the impact fee.

Each fund shall be an interest-bearing account which shall be accounted for separately from other impact fee funds and from other city funds. Any interest or other income earned on monies deposited in a fund shall be credited to such fund. Expenditures of impact fees shall be made only for the category of system improvements for which the impact fees were collected and as identified in the capital improvements plans.

Except as otherwise provided herein, monies from each fund, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of capital improvements, or for principal and interest payments on bonds or other borrowed revenues used to acquire, expand or improve such capital improvements, necessary to serve new growth and development. Impact fees in each fund shall be spent within eight (8) years from the date such impact fees were collected on a first in/first out (FIFO) basis. The city may hold the impact fees longer than the prescribed time period if the city identifies, in writing:

A reasonable cause why the impact fees should be held longer; and

An anticipated date by which the impact fees will be expended but in no event longer than eleven (11) years from the date the impact fees were collected.

The Fee Administrator shall prepare quarterly and annual reports to be provided to the advisory committee and the City Council, which reports shall:

Describe the amount of all impact fees collected, appropriated or spent for system improvements during the preceding quarter or year, as applicable, by category of public facility; and

Describe the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding quarter or year, as applicable, by category of public facility.

Funds shall be deemed expended when payment of such funds has been approved by the city. The fee payer or successor in interest shall be entitled to a refund of the impact fee if:

Service is available but never provided;

A building permit or permit for installation of a manufactured home is revoked or abandoned;

The city, after collecting the impact fee when service is not available, has failed to appropriate and expend the collected impact fees; or

The fee payer pays an impact fee under protest and a subsequent review of the impact fee paid or the completion of an individual assessment determines that the impact fee paid exceeded the proportionate share to which the city was entitled to receive.

When the right to a refund exists, within ninety (90) days after the city determines that a refund is due, the city shall provide written notice of entitlement to a refund, to the owner of record and the fee payer who paid the impact fees at the address shown on the application for development approval, or to a successor in interest who has notified the city of a transfer of the right or entitlement to a refund and who has provided to the city a mailing address. When the right to a refund exists, the city shall also publish the notice of entitlement to a refund within thirty (30) days after the expiration of the eight (8) year period after the date that the impact fees were collected. Such published notice shall contain the heading "Notice of Entitlement to Impact Fee Refund".

A refund shall include interest at one-half (½) the legal rate provided for in Idaho Code § 28-22-104, from the date on which the impact fee was originally paid.

In order to be eligible for a refund, a fee payer, successor in interest or owner of record shall file a written application for a refund with the fee administrator within six (6) months of the time such refund becomes payable under subsection (E) of this section, or within six (6) months of publication of the notice of entitlement to a refund, whichever is later. If a successor in interest claims a refund of impact fees, the fee administrator may require written documentation that such rights have been transferred to the claimant prior to issuing the requested refund. Refunds shall be paid within sixty (60) days after the date on which the fee administrator determines that a sufficient proof of claim for a refund has been made.

Any person entitled to a refund shall have standing to sue for a refund under the provisions of this chapter if there has not been a timely payment of a refund as provided herein.

(Ord. 06-1255, 9-5-2006)

The following types of land development shall be exempted from payment of the impact fees imposed by this chapter:

Rebuilding or replacing a dwelling unit or the same amount of square feet of a nonresidential structure on the same lot and existing on the effective date of this chapter provided that the rebuilt or replaced dwelling unit or nonresidential structure does not increase the need for police, fire, and parks and recreation public facilities. If such dwelling unit or nonresidential structure was destroyed, such dwelling unit or nonresidential structure must be rebuilt or replaced and ready for occupancy within two (2) years of destruction.

Construction of an unoccupied, detached accessory structure, or addition of uses related to a dwelling unit unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements.

Remodeling or repairing a dwelling unit or a nonresidential structure in a manner that does not increase the need for police or fire or parks and recreation public facilities.

Placing a temporary construction trailer or office on a lot.

An impact fee will be assessed for installation of a modular building or manufactured home unless the fee payer can demonstrate by documentation such as utility bills and tax records, either:

That a modular building or manufactured home was legally in place on the lot or space prior to the effective date of this chapter; or

That an impact fee has been paid previously for the installation of a modular building or manufactured home on that same lot or space.

Developments determined by the City Council that provide affordable housing may be exempt from the impact fee requirement, provided that the exempt development's proportionate share of system improvements is funded through a revenue source other than impact fees.

Current housing affordability guidelines published by the U.S. Department of Housing and Urban Development ("HUD") shall be used to determine whether dwelling units in the development qualify as affordable housing.

Affordable housing projects are required to demonstrate that they will provide dwelling units to eligible families based on HUD income and family size guidelines.

Providers of affordable housing dwelling units must demonstrate a long-term commitment to provide affordable housing for a period of not less than twenty (20) years.

Appeals of the Fee Administrator's determination shall be made as provided further in this chapter.

(Ord. 06-1255, 9-5-2006)

No fee payer shall be required to construct, fund or contribute any capital improvement to meet the same need for police, fire, and parks and recreation capital improvements for which an impact fee is imposed. All system improvements constructed, funded or contributed for police, fire, and parks and recreation capital improvements for which an impact fee is imposed, over and above those required by the city in connection with new development, shall result in either a credit on future impact fees or reimbursement (at the fee payer's option) for such excess to be paid by future development that benefits from such system improvements. However, no credit or reimbursement shall be provided for:

Project improvements;

Any construction, funding or contribution not agreed to in writing by the city prior to commencement of such construction, funding or contribution; and

Any construction, funding or contribution of a type of capital improvements not included in the calculation of the applicable impact fee.

In the calculation of impact fees for a project pursuant to subsections 10-7-5.D through F of this chapter, credit shall be given for the present value of all tax and user fee revenue generated by the fee payer within the service area and used by the city for system improvements of the category for which the impact fee is being collected. If the amount of such credit exceeds the impact fee for a project, the fee payer shall receive a credit on future impact fees.

In the calculation of impact fees for a project, credit or reimbursement (at the fee payer's option) shall be given for the present value of any construction of system improvements or contribution of land or money required by the city from the fee payer for system improvements of the category for which the impact fee is being collected, including system improvements paid for through local improvement district assessments.

If credit or reimbursement is due to the fee payer, the city and fee payer shall enter into a written agreement, negotiated in good faith, prior to the construction, funding or contribution. The written agreement shall include, without limitation. a description of the construction, funding or contribution of system improvements including, in the case of real property, a legal description of the real property; description as to how the system improvements are to be valued; the amount of the credit or the amount, time and form of reimbursement; instructions as to how the capital improvements should be provided to the city to ensure full transfer of ownership; and the circumstances under which the credit or reimbursement is deemed effective. To assist in such reimbursement, the city shall continue to collect impact fees from other developers whose proposed developments will benefit from such construction, funding or contribution, and will promptly transfer such funds to the fee payer. If a successor in interest claims a reimbursement or credit, the fee administrator may require written documentation that such rights have been conveyed to the claimant prior to issuing the requested reimbursement or credit.

Approved credits may be used to reduce the amount of impact fees of the category for which the impact fee is being collected in connection with any new growth and development until the amount of the credit is exhausted. Each time a request to use approved credits is presented to the city, the city shall reduce the amount of the applicable impact fee otherwise due from the fee payer and shall note in the city records the amount of credit remaining, if any. Upon request of the fee payer, the city shall issue a letter stating the amount of credit available. If the credit has not been exhausted within eight (8) years of the date of issuance of the first building permit for which an impact fee was due and payable, or within such other time period as may be designated in writing by the city, such credit shall lapse, unless a refund of the remaining credit is applied for as set forth in subsection 10-7-7.J of this chapter.

Approved credits or reimbursement shall only be used to reduce the amount of the impact fee of the category for which the impact fee is otherwise due, and shall not be paid to the fee payer in cash or in credits against any other monies due from the fee payer to the city.

Credit for land dedications shall, at the fee payer's option, be valued at:

One hundred (100) percent of the most recent assessed value for such land as shown in the records of the Ada County Assessor; or

That fair market value established by an MAI Appraiser reasonably acceptable to the city in an appraisal paid for by the fee payer.

Credit for contribution or construction of system improvements shall be valued by the city based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the city, which estimates shall be revised as actual costs become available. The city shall determine the amount of credit due based on the information submitted, or, if the city determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs reasonably acceptable to the city as a more accurate measure of the value of the offered system improvements to the city.

Approved credits for land dedications shall become effective when the land has been conveyed to the city in a form reasonably acceptable to the city at no cost to the city, and has been accepted by the city. Approved credits for contribution or construction of system improvements shall generally become effective when:

All required construction has been completed and has been accepted by the city; and

All design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the city.

Approved credits for the construction of system improvements may become effective at an earlier date if the fee payer posts security in the form of a performance bond, irrevocable letter of credit or escrow agreement in the amount and under terms reasonably acceptable to the city.

Credit may only be transferred by a fee payer that has received credit to such fee payer's successor in interest. The credit may be used only to offset impact fees for the same category for which the credit was issued. Credits shall be transferred by any written instrument clearly identifying which credits are being transferred, the dollar amount of the credit being transferred, and the system improvements for which the credit was issued. The instrument of transfer shall be signed by both the transferor and transferee, and a copy of the document shall be delivered to the fee administrator for documentation of the transfer before the transfer shall be deemed effective.

(Ord. 06-1255, 9-5-2006)

The decisions of the fee administrator may be appealed as provided below:

Any fee payer who is or may be obligated to pay an impact fee, may appeal a decision made by the fee administrator in applying this chapter to the City Council's designee. Such decisions that may be appealed include:

The applicability of an impact fee to the development.

The amount of an impact fee to be paid for the development.

The availability, amount or application of any credit.

The amount of any refund, reimbursement or credit.

A fee payer may pay an impact fee under protest in order to obtain a development approval or building permit(s) and, by paying such impact fee, shall not be estopped from exercising the right of appeal provided herein, nor shall the fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. Upon final disposition of an appeal, the impact fee shall be adjusted in accordance with the decision rendered and, if necessary, a refund paid.

In order to pursue an appeal, the fee payer shall file a written notice of appeal with the City Council's designee within fifteen (15) days after the date of the decision being appealed, or the date on which the fee payer submitted a payment of impact fees under protest, whichever is later. Such written application shall include a statement describing why the appellant believes that the decision was in error, together with copies of any documents that the appellant believes supports the claim.

The City Council's designee shall notify the fee payer of the hearing date on the appeal, which notice shall be given no less than fifteen (15) days prior to the date of the hearing, and shall hear the appeal within thirty (30) days after receipt of a written notice of appeal. The appellant shall have a right to be present and to present evidence in support of the appeal. The Fee Administrator who made the decision under appeal shall likewise have the right to be present and to present evidence in support of the decision. The burden of proof in any such hearing shall be on the fee payer to demonstrate that the amount of the impact fee, credit, reimbursement or refund was not properly calculated by the city.

The criteria to be used by the City Council's designee shall be whether:

The decision or interpretation made by the Fee Administrator; or

The alternative decision or interpretation offered by the appellant,

more accurately reflects the intent of this chapter that new growth and development in the city pay its proportionate share of the costs of system improvements for public facilities necessary to serve new development. The City Council's designee may affirm, reject or revise the decision of the fee administrator, providing written findings of fact and conclusions, within fifteen (15) days after hearing the appeal. The City Council's designee shall modify the amount of the impact fee, credit, refund or reimbursement only if there is substantial evidence in the record that the fee administrator erred, based upon the methodologies contained in the impact fee study, this chapter and/or the capital improvements plans. The decision of the City Council's designee shall be final.

A fee payer may request that the city enter into mediation by a qualified independent party to address a disagreement related to the impact fee for new growth and development. If both parties agree to mediation, costs for the independent mediation service shall be shared equally by the fee payer and the city. Mediation may take place at any time during an appeals process and any time limitation relevant to an appeal shall be tolled.

(Ord. 06-1255, 9-5-2006)

Editor's note— Sec. 4 of Ord. No. 25-2075, adopted March 11, 2025, repealed § 10-7-11, which pertained to the Impact Fee Advisory Committee, and derived from Ord. 06-1255, adopted September 5, 2006.

As used in this chapter, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates; the word shall, will or must is always mandatory; the word may is permissive; and the word should indicates that which is recommended, but not required.

Nothing in this chapter shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to the effective date hereof.

Nothing in this chapter shall prevent the city from requiring a developer to construct reasonable project improvements in conjunction with a project.

Nothing in this chapter shall limit the ability of the city to enter into intergovernmental agreements as provided in Idaho Code § 67-8204A.

The impact fees described in this chapter, and the administrative procedures of this chapter shall be reviewed at least once every five (5) years to ensure that:

The demand and cost assumptions and other assumptions underlying such impact fees are still valid;

The resulting impact fees do not exceed the actual costs of providing police, fire, and/or parks and recreation system improvements required to serve new growth and development;

The monies collected in any impact fee fund have been and are expected to be spent for system improvements of the type for which such impact fees were paid; and

Such system improvements will benefit those developments for which the impact fees were paid.

Except for such impact fee as may be calculated, paid and accepted pursuant to an independent impact fee calculation study, the amount of each impact fee shall be as follows:.

Impact Fee Schedule Effective February 1, 2023

Residential
Square Feet of Climate-Controlled Floor Area Per Individual Dwelling Unit	Park and Recreation Facilities	Police Facilities	Fire Facilities	Total Fees
1,200 or less	$1,946.00	$190.00	$470.00	$2,606.00
1,201 to 1,700	$3,006.00	$294.00	$726.00	$4,026.00
1,701 to 2,500	$4,119.00	$402.00	$995.00	$5,516.00
2,501 to 3,200	$4,935.00	$482.00	$1,192.00	$6,609.00
3,201 or more	$5,544.00	$542.00	$1,339.00	$7,425.00
For a building with more than one dwelling unit, the floor area per individual dwelling unit shall be calculated by dividing the total climate-controlled floor area of the building, less ancillary building space, by the total number of dwelling units in the building. Ancillary floor area includes community rooms, fitness centers, management offices, and maintenance areas.

Nonresidential Per Square Foot of Building
	Park and Recreation Facilities	Police Facilities	Fire Facilities	Total Fees
Commercial	$0.00	$1.23	$1.29	$2.52
All other	$0.00	$0.19	$0.96	$1.15

Violation of this chapter shall be subject to those remedies provided in this Code. Knowingly furnishing false information to any official of the city charged with the administration of this chapter on any matter relating to the administration of this chapter including, without limitation, the furnishing of false information regarding the expected size or use of a proposed development, shall be a violation of this chapter.

The captions used in this chapter are for convenience only and shall not affect the interpretation of any portion of the text of this chapter.

If any paragraph, section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be invalid, inconsistent with the provisions of the Idaho Impact Fee Act, I.C. 67-8201 et seq., unconstitutional and/or unenforceable, such provisions shall be deemed to be separate, distinct and independent and the remaining provisions of this chapter shall continue in full force and effect.

This chapter shall be in full force and effect not less than thirty (30) days subsequent to this chapter's passage, approval, and publication, according to law, whereupon this chapter, existing on the date hereof, and all ordinances or parts of ordinances, codes or parts of codes, in conflict with the provisions of this chapter shall be repealed.

(Ord. 14-1596, 3-11-2014; Ord. 18-1763, 1-16-2018; Ord. 19-1827, 6-18-2019; Ord. No. 22-2004, § 4, 11-22-2022)

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