Ordinance Text

TITLE 4 - BUILDING REGULATIONS

Sections:

The purpose of this chapter is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment.

(Ord. 3187, 12-16-2002)

Permits required under this title require fees be paid at the time of issuance of said permit, unless specified otherwise herein.

Permit fees for projects started without the required permits shall be subject to a special investigation fee, which shall be assessed at a rate of twice that of the original permit fee unless otherwise provided herein.

(Ord. 4353, 12-4-2017, eff. 1-1-2018)

The building official shall not authorize the refund of any fee, except upon written request by the original permittee or owner's representative made not later than 180 calendar days after payment.

The building official may authorize a refund of any fee paid which was erroneously paid or collected.

The building official may authorize a refund of 100 percent of the permit fee less any administrative fees, paid when no work has commenced under a permit issued in accordance with this code.

The building official may authorize a refund of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is completed.

Third-party processing fees shall not be refunded.

Refunds cannot be granted for license fees, plan review fees or for permits which are expired or null and void for any reason.

(Ord. 3187, 12-16-2002; Ord. No. 4637, § 1, 12-20-2021)

Permit and inspection fees. Fees for all permits and inspections required under title 4 shall be as established by fee schedule duly adopted by the city council by resolution. The fee schedule will be kept on file at the building safety permit counter and on the building safety website. All building permit fees shall be reviewed by the building and fire code advisory and appeals board prior to adoption by city council.

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 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 building safety director or designee no later than 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 building safety director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the building safety director or designee; if transfer is attempted without written approval of the building safety director or designee, such permit shall be deemed void.

(Ord. 4353, 12-4-2017, eff. 1-1-2018; Ord. No. 4637, § 1, 12-20-2021)

Misdemeanor penalty imposed. A violation of this title is hereby declared to be a misdemeanor and any person who violates or fails to comply with any provision of this title or of the adopted International Existing Building Code, International Building Code, International Residential Code, Idaho State Plumbing Code, International Mechanical Code, International Fuel Gas Code, National Electrical Code, International Fire Codes, and International Property Maintenance Code 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 and shall be punishable in the same manner and to the same extent as the manner and extent prescribed in Idaho Code section 18-113, titled "Punishment for 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 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 title, 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 a 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. 3187, 12-16-2002; Amd. Ord. 4460, 8-19-2019; Ord. No. 4637, § 1, 12-20-2021)

In case of violation of any of the provisions of the building, plumbing, electrical, or mechanical codes, or other regulation of the City of Nampa related to any permitted project, by any person holding a required license and after such violator has been given written notice of such violation and said licensee has failed to correct the violation within the time specified in the notice, the building official, or his authorized representative, may declare the license revoked and notify the licensee and then report to the mayor and council at their next regular meeting his action and reason therefor. Any licensee who has had their license so revoked shall not be issued another license until said violation has been corrected and formal application made as provided in this title.

Any revocation may be appealed in writing to the council within 15 days from the date notice of the revocation is given to the licensee.

(Ord. 3187, 12-16-2002)

Any person, firm or corporation holding a license shall not lend such license to any other person, firm or corporation or allow any other person, firm or corporation to perform work under their license.

(Ord. 3187, 12-16-2002)

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

The time frame by which a project shall be deemed to be suspended or abandoned shall be measured from the date of the last inspection recorded in the permit inspection records.

(Ord. 3187, 12-16-2002)

Any expired permit may be reactivated for an additional 180 days upon the payment of a fee totaling an hourly administrative fee at the rate of $72.00 per hour with a one hour minimum charge per reactivation. All projects whose permits are expired and are under consideration for reactivation will be subject to the codes in effect at the time of reactivation and may require plan review. If a plan review is required, the building official shall assess a plan review fee equal to that specified for a new project.

(Ord. 3187, 12-16-2002; Ord. No. 4637, § 1, 12-20-2021)

The building official may withhold issuance of any permit to any person, firm or corporation who has outstanding correction notices or outstanding fees, fines or other indebtedness owed the City of Nampa and has failed to take the directed corrective action.

Issuance of new permits may not be withheld if an appeal of the building official's action has been filed for consideration by the Nampa Building and Fire Advisory and Appeal Board.

Appeal of the building official's action may be made to the Nampa Building and Fire Advisory and Appeal Board. Such an appeal must be made in writing to the building and fire advisory and appeal board whereby the appellant will provide the reason(s) why they have not corrected the substandard work or paid the outstanding fee.

(Ord. 3979, 9-6-2011; Ord. No. 4637, § 1, 12-20-2021)

The building official may revoke any permit issued in error, any permit issued on the basis of incorrect information or upon learning of work which has been performed in violation of this Code or any other law of the State of Idaho. Upon revocation the permit holder shall cease all work until such time that a new permit has been issued or written notification of reactivation of the nullified permit has been received.

(Ord. 3187, 12-16-2002)

The building official or his authorized representative has the authority to enter any premises at any reasonable hour for the examination of work permitted under this title or any other provision of this Code. All work requiring inspection under this section shall be left exposed and accessible to the inspector until such time that the inspector has approved the installation or construction.

(Ord. 3187, 12-16-2002)

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation. A special investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required herein, unless the building official determines that special circumstances exist which indicate a justifiable reason for the failure to obtain said permit. Upon such a finding the building official may reduce the special investigation fee to an amount deemed reasonable based upon the circumstances.

(Ord. 3187, 12-16-2002)

Sections:

All the rules, regulations and ordinances of a general and permanent character relating and applying to and regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures as said rules, regulations and ordinances are printed and contained in Code book form designated and entitled:

The 2018 International Building Code (IBC), with amendments as published by the International Code Council, as adopted by the State of Idaho or the Idaho Building Code Board, together with any amendments or revisions to the International Building Code made by the Idaho Building Code Board through the negotiated rulemaking process;

The 2018 International Residential Code Parts I through VI, and IX (IRC) with amendments as published by the International Code Council, as adopted by the State of Idaho or the Idaho Building Code Board, together with any amendments or revisions thereto made by the Idaho Building Code Board through the negotiated rulemaking process, including Appendix Q - Tiny Houses and Appendix S - Strawbale Construction;

The 2018 International Existing Building Code (IEBC) with amendments as published by the International Code Council, as adopted by the State of Idaho or the Idaho Building Code Board, together with any amendments or revisions thereto made by the Idaho Building Code Board through the negotiated rulemaking process; and,

The 2018 International Energy Conservation Code (IECC) with amendments as published by the International Code Council, as adopted by the State of Idaho or the Idaho Building Code Board, together with any amendments or revisions to the International Building Code made by the Idaho Building Code Board through the negotiated rulemaking process; be and the same hereby are ratified and adopted as the Building Code of Nampa City and as ratified and adopted shall be the rules and regulations and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, and area of buildings or structures within the city. With the approval of the building official any item that has been approved for inclusion in future codes, which is published in the "Supplement to the International Codes", may be considered as an acceptable path to compliance. Copies of the most current amendments or revisions to the above referenced codes, resulting from the negotiated rulemaking process, are available at the building department, from the building department's website, and from the Idaho Building Code Board.

The provisions of the "2021 International Building Code" relating to mass timber construction, including, but not limited to:

In Section 202, the definitions of the terms Mass Timber, Noncombustible Protection (For Mass Timber), Secondary Structural Members, and Wall, Load Bearing.

Sections 403.3.2, 508.4.4.1, 509.4.1.1, 602.4 through 602.4.3.6, 703.6, 703.7, 704.4, 722.7 through 722.7.2.2, 1705.20, 2304.10.1, 3313.1 through 3313.3.3, 3313.5, and 3314.1.

Tables 504.3, 504.4, 506.2, 601, 705.5, 722.7.1(1), 722.7.1(2), and 1705.5.3, including any notes following each table adopted in this section.

In Chapter 35, the referenced standards, ANSI/APA PRG 320-2019: Standard for Performance-rated Cross-laminated Timber, referenced in Sections 602.4 and 2303.1.4 and ASTM D3498-03(2011): Standard Specification for Adhesives for Field-Gluing Plywood to Lumber Framing for Floor Systems, referenced in Section 703.7.

The 2015 NFPA A30 Code for Motor Fuel Dispensing Facilities and Repair Garages; including Chapters 1-13, Annex A, B and D, Index and Formal Interpretations as published by the National Fire Protection Association (NFPA).

The 2015 NFPA 99 Health Care Facilities Code; Including Chapters 1-15 and Annex A, B, and D, Index and prescribing regulations governing conditions hazardous to life and property from fire or explosion; providing for the issuance of permits and collection of fees as published by the National Fire Protection Association (NFPA).

To the extent that there may exist any inconsistency between the requirements or standards set forth in the Nampa City Code and the requirements or standards set forth in any of the above-referenced codes, including such amendments or revisions as may be adopted by the State of Idaho or the Idaho Building Code Board through the negotiated rulemaking process, the more restrictive requirement or standard shall apply.

(Ord. 4353, 12-4-2017, eff. 1-1-2018; Amd. Ord. 4460, 8-19-2019; Ord. 4539, 11-16-2020; Ord. No. 4624, § 1, 11-1-2021)

IBC/IRC section 101.1, "Title". These regulations shall be known as the building code of Nampa City, hereinafter referred to as "this code".

IBC section 101.4.4, "Plumbing" is amended as follows:

Reference to the international plumbing code shall be replaced with the most current version of the Idaho state plumbing code, as set forth in Idaho Code section 54-2601 et seq., as it may be amended from time to time, as well as all rules and regulations promulgated by the Idaho plumbing board pursuant to the authority granted to it under Idaho Code section 54-2606. Copies of the most current version of the Idaho state plumbing code and the aforementioned rules and regulations are on file and available in the office of the building official, and the same shall be used as the path to compliance for plumbing installations within the City of Nampa.

IBC/IRC section 103.2, "Appointment" is deleted and repealed in its entirety.

IBC/IRC section 105.2, "Work Exempt from Permit; Sub-Section: "Building" is amended as follows:

105.2 Work Exempt from Permit; Sub-Section: "Building". Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2). Exception: A building permit and approved permanent footing and/or foundation will be required for accessory structures of any size where permanent electrical wiring, plumbing, and/or HVAC systems are installed.

Oil derricks.

Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II or IIIA liquids.

Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 l) and the ratio of height to diameter or width does not exceed 2:1.

Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

Temporary motion picture, television and theater stage sets and scenery.

Prefabricated swimming pools accessory to a group R-3 occupancy that are less than 48 inches (1219 mm) deep, do not exceed 5,000 gallons (18 925 l) and are installed entirely above ground.

Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

10.

Swings and other playground equipment accessory to detached one- and two-family dwellings.

11.

Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of group R-3 and U occupancies.

12.

Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

IBC section 108.6, "Work Commencing Before Permit Issuance" is deleted and repealed in its entirety.

IBC section 112/IRC section R111, "Connection to Service Utilities" is amended to read as follows:

A final inspection and approval is required upon completion and prior to occupancy and use of all buildings and structures. Lack of building official approval may result in the termination of utility services to said building or structure and appropriate legal action per IBC section 113/IRC section 113, and Nampa city code section 4-1-5.

IBC section 113/IRC section R112, "Board Of Appeals" is deleted and replaced with the language in Nampa city code section 4-2-5.

IRC section and table 302.6, "Dwelling/garage fire separation," is amended to read as follows:

Private garages shall be separated from residences and their attic area by means of a minimum ⅝ inch, type X gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than ⅝ inch, type X gypsum board or equivalent. Garages located less than 3 feet from a dwelling unit on the same lot shall be protected with not less than ⅝ inch, type X gypsum board applied to the interior side of exterior walls that are within this area. Penetrations within such walls listed above are required to be protected as required for one-hour construction. Door openings between the garage and residence, shall be equipped with a self-closer, and be constructed of either a solid core wood door not less than 13/8 inch in thickness, solid or honeycombed steel doors not less than 13/8 inch in thickness. Openings from a private garage into a room used for sleeping purposes shall not be permitted.

IBC section 1608.2, "Ground Snow Loads" is amended to read as follows:

The ground snow load to be used in determining the design snow loads for the city of Nampa shall be 20 psf (pg).

IBC section 1612.5, "Flood Hazard Documentation" is deleted and repealed in its entirety.

IRC section R104.10.1, "Areas Prone To Flooding" is amended as follows:

The building official shall not grant modifications to any provisions related to areas prone to flooding established by table R301.2(1) without the review and approval by the Nampa city floodplain administrator.

IRC section R105.3.1.1, "Substantially Improved Or Substantially Damaged Existing Buildings In Areas Prone To Flooding" is amended as follows:

For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding as established by table R301.2(1), the Nampa city floodplain administrator shall examine or cause to be examined the construction documents of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition. All substantially improved or reconstruction of existing structures shall be made in accordance with the Nampa city floodplain ordinance.

IRC section R202, definition for "Townhouse" is deleted in its entirety and replaced by:

TOWNHOUSE: A single-family dwelling unit constructed in a group of two (2) or more attached units in which each unit extends from foundation to roof and with a yard or public way on not less than two sides where units are separated by property lines and with open space on at least two (2) sides.

IRC table R301.2(1), is amended to read as follows:

Table R301.2(1)
Climatic And Geographic Design Criteria

GROUND SNOW LOAD ^o :	20 PSF.
Design roof load shall not be less than a uniform snow load of 25 psf.
WIND DESIGN
SPEED ^d (mph):	90
Wind speed from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined in accordance with Section R301.2.1.4 WIND DESIGN
TOPOGRAPHIC EFFECTS ^k :	NO
In accordance with Section R301.2.1.5
SPECIAL WIND REGION ^l :	NO
WIND-BORNE DEBRIS ZONE ^m :	NO
SEISMIC DESIGN CATEGORY ^f :	B
In accordance with Section R301.2.2.1
SUBJECT TO DAMAGE FROM:
WEATHERING ^a :	Severe as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.
FROST LINE DEPTH ^b :	24 inches
TERMITE ^c :	Slight to Moderate Based on history of local subterranean termite damage.
WINTER DESIGN TEMP ^e :	10 degrees F
The outdoor design dry-bulb temperature shall be selected from the columns of 97½-percent values for winter from Appendix D of the International Plumbing Code or as determined by the Building Official.
ICE BARRIER UNDERLAYMENT REQUIRED ^h :	NO
In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and 21 R905.8.3.1, where there has been a history of local damage from the effects of ice damming.
FLOOD HAZARDS ^g :	Floodplain ordinance effective 4/18/2011, with current revisions and FIRM maps as currently adopted.
AIR FREEZING INDEX ⁱ :	860
Based on the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.
MEAN ANNUAL TEMP ^j :	51.8 degrees F
Based on the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
MANUAL J DESIGN CRITERIA ⁿ :
Elevation:	2867
Latitude:	44 deg. N.
Winter heating:	11 deg.
Summer cooling:	95 deg.
Altitude correction factor:	.98
Indoor design temperature heating:	70 deg.
Indoor design temperature cooling:	75 deg.
Heating temperature difference:	60 deg.
Cooling temperature difference:	20 deg.
Wind velocity heating:	15.0
Wind velocity cooling:	7.5
Coincident wet bulb:	63 deg.
Daily range:	High
Winter humidity:	50%
Summer humidity:	50%

For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile per hour = 1.609 km/h.

Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate", or "severe") for concrete as determined from the weathering probability map [figure 8301.2(3)]. The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.

The frost line depth may require deeper footings than indicated in figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

The jurisdiction shall fill in this part of the table with "very heavy", "moderate to heavy," "slight to moderate," or "none to slight" in accordance with figure R301.2(6) depending on whether there has been a history of local damage.

The jurisdiction shall fill in this part of the table with "moderate to severe," "slight to moderate," or "none to slight" in accordance with R301.2(7) depending on whether there has been a history of local damage.

The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [figure R301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with section R301.2.1.

The outdoor design dry-bulb temperature shall be selected from the columns of 97½ percent values for winter from ASHRAE-97 handbook of fundamentals.

The jurisdiction shall fill in this part of the table with the seismic design category determined from section 8301.2.2.1.

The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the national flood insurance program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended.

In accordance with sections R905.2.7.1, R905.4.3, R905.5.3, R905.6.3, R905.7.3 and R905.8.3, for areas where the average daily temperature in January is 25°F (-4°C) or less, or where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "yes." Otherwise, the jurisdiction shall fill in this part of the table with "no."

The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "air freezing index-USA method (base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.

The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "air freezing index-USA method (base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.

Repeal Section R403.1.1, IRC One-And-Two-Family Dwelling Building Code Amendment, Section R403.1.1, Minimum Size, and replace as follows:

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. Footings for wood foundations shall be in accordance with the details set forth in Sections 403.2 and Figures R403.1(2) and R403.1(3).

IBC 602.1.2 Alternative provisions. As an alternative to the construction types defined in Sections 602.2 through 602.5, buildings and structures erected or to be erected, altered or extended in height or area may be classified as construction type IV-A, IV-B, or IV-C in accordance with the provisions adopted in 9-1A-2 of this Chapter. Buildings and structures classified as construction type IV-A, IV-B, or IV-C shall comply with the provisions adopted in 9-1A-2 of this Chapter and all other applicable provisions of this code.

Delete IECC Section R403.3.1 and replace with the following:

R403.3.1 Duct insulation requirements. Supply and return ducts located in an attic space shall have an R-value of not less than R-8.

Delete IECC Section R403.3.6, Ducts buried within ceiling insulation.

Delete IECC Section R403.3.7, Ducts located in conditioned space.

(Ord. 3942, 12-20-2010; Amd. Ord. 4158, 1-5-2015; Ord. 4213, 12-7-2015, eff. 1-1-2016; Ord. 4353, 12-4-2017, eff. 1-1-2018; Ord. 4539, 11-16-2020; Ord. No. 4624, § 2, 11-1-2021)

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, or install any building, structure, or manufactured/mobile home without first obtaining a building permit which said permit is the authority to commence construction or installation.

(Ord. 3942, 12-20-2010)

The determination of valuation for all construction shall be established by the actual project cost, including all related site improvement and building costs. The building value submitted by the applicant at the time of permit application shall be used to determine the initial permit cost. The original building cost submitted at time of application will be compared to final building cost at the time of substantial completion. Any additional building value will be assessed as the final building value with payment of all additional permit fees due prior to the issuance of the certificate of completion or certificate of occupancy. The certificate of occupancy can be withheld from any project until the owner/contractor has submitted a certificate of total building cost to the building official.

(Ord. 4158, 1-5-2015; Ord. No. 4637, § 2, 12-20-2021)

A building and fire code advisory and appeals board shall be appointed by the mayor and confirmed by the council and shall serve to determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the international building and fire codes and amendments thereto as provided in this code. Additionally, it is intended that this board may serve in an advisory capacity to the mayor and city council as Nampa's elected officials to deliberate code amendments, critique public policy initiatives, provide guidance in the development of certain discretionary enforcement activities and formulate public outreach programs.

All board members must be qualified by experience, association or training to pass upon matters pertaining to building construction. The board members shall serve for a term of two years, provided, however, two of the members shall be initially appointed for a one year term only, after which their term shall be for a period of two years. The building official and the fire marshal shall also serve as nonvoting members of the board. The board shall consist of seven members. The board shall be comprised of one residential building contractor; one commercial contractor; one member from a construction support industry; one Idaho licensed architect; one Idaho licensed structural engineer; one citizen at large; and an individual who is qualified by his/her experience as a fire prevention officer. In addition to the seven members, one additional member qualified in any of the above referenced categories shall be appointed to serve as an alternate whenever there is a vacancy or absence on the board. If the mayor is unable to find an eligible candidate for placement upon the board, the mayor shall choose a member who is qualified in one of the other categories identified above. An appeal of a decision issued by the board of appeals may be made to the council if such appeal is made in writing to the city clerk within seven days of notification of the board of appeals' action.

This board shall meet no less than once a year and shall be kept up to date on those matters that are related or associated to their responsibilities and duties to the City of Nampa.

(Ord. 4117, 5-5-2014)

The Idaho State Manufactured Home Setup Code, as defined in Idaho Code title 44, chapter 22, shall be the minimum standard for the installation of manufactured homes in the City of Nampa.

(Ord. 3942, 12-20-2010)

Sections:

There is hereby adopted 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 limits of this city the most current version of that certain plumbing code known as the Idaho State Plumbing Code, as set forth in Idaho Code section 54-2601 et seq., as it may be amended from time to time, as well as all rules and regulations promulgated by the Idaho Plumbing Board pursuant to the authority granted to it under Idaho Code section 54-2606. Copies of the most current version of the Idaho State Plumbing Code and the aforementioned rules and regulations are on file in the office of the building official, and the same is hereby adopted and incorporated as fully as if set out at length herein.

Though incorporated by reference through the statutes and regulations cited hereinabove, be advised that the city has thereby adopted the provisions of the "Cross Connection Control Manual", published by the Pacific Northwest section of the American Water Works Association (December 1995, 6th edition) as set forth in IDAPA 07.02.04.012.01, or any later addition thereto or amendment thereof as may be hereafter adopted by statute or regulation.

(Ord. 4158, 1-5-2015)

All plumbing piping and drainage work, except in case of repairs to leaks, replacing broken fixtures or like emergency repairs, shall require the installer to obtain a plumbing permit from the building department.

(Ord. 3942, 12-20-2010)

Editor's note— Ord. No. 4353, adopted Dec. 4, 2017, effective Jan. 1, 2018 repealed section 4-3-3, which pertained to contractor registration.

No automatic fire sprinkling system shall be installed without a permit for such installation being first obtained.

(Ord. 3942, 12-20-2010)

Any plumbing installations requiring a plumbing permit and inspection as defined in this Code shall be installed by a state licensed journeyman plumber employed by a state licensed plumbing contractor.

Exceptions:

Homeowner installation: Plumbing installations may be performed by individuals who are the legal owner of group R, division 3 and group U, division 1, occupancies as defined by the International Building Code, and the property to which the structures are attached. Plumbing installations allowed under this exception shall only be permitted if the property owner will be residing in the dwelling for a period of 180 days after the plumbing is completed.

Hardship cases: A member of the immediate family will be allowed to perform plumbing installations for a family member unable to perform the work for himself or herself.

(Ord. 4353, 12-4-2017, eff. 1-1-2018)

Excavation contractors involved in installing individual sewer and/or water service lines serving private properties, which are wholly outside the building envelope, must have obtained one of the two qualifiers listed below before applying for or receiving a Nampa City license or permit:

A State of Idaho, Health District septic system installer's certification.

A State of Idaho public works excavator license.

(Ord. 3942, 12-20-2010)

Plumbing permits are required for all sewer taps. Permittees shall be either:

A State of Idaho licensed plumbing contractor; or

A State of Idaho public works licensed excavator.

Additionally, any sewer tap located on a public right-of-way will require a right-of-way permit.

(Ord. 3942, 12-20-2010)

Sections:

The 2017 National Electrical Code, together with any amendments or revisions made by the Idaho Electrical Board through the negotiated rulemaking process, as amended, including all amendments made by the electrical board and adopted as state law, are adopted as part of this Code. Adoption of the National Electrical Code shall run concurrent with the adoption of the Nampa City Code.

(Ord. 4353, 12-4-2017, eff. 1-1-2018)

All electrical wiring installations, electrical equipment changes, or any wiring installations require the installer to obtain an electrical permit from the building department prior to the commencement of the work. The permit shall serve as permission to commence work.

(Ord. 4353, 12-4-2017, eff. 1-1-2018)

Editor's note— Ord. No. 4353, adopted Dec. 4, 2017, effective Jan. 1, 2018 repealed section 4-4-3, which pertained to contractor registration.

Any electrical wiring installations requiring an electrical permit and inspection as defined in this Code shall be installed by a state licensed journeyman electrician employed by a state licensed electrical contractor.

Exceptions:

Homeowner installation: Electrical wiring installations may be performed by individuals who are the legal owners of group R, division 3 and group U, division 1, occupancies as defined by the International Building Code and the property to which the structures are attached. Wiring installations allowed under this exception shall only be permitted if the property owner will be residing in the dwelling for a period of 180 days after the wiring is completed.

Reserved.

Hardship cases: A member of the immediate family will be allowed to perform electrical wiring for a family member unable to perform the work for himself or herself.

(Ord. 3762, 12-17-2007; Ord. 4406, 11-5-2018)

In addition to the provisions of the National Electrical Code, the following shall apply:

Special safeguards for electrical installations. In addition to the provisions specified in the electrical codes of the city, the electrical inspector may require additional safeguards under special conditions and/or unusual circumstances which require additional safeguards for the protection of the health, safety and general welfare of the city.

Location of service equipment. Service disconnection means shall not be installed in clothes closets, cupboards, bathrooms or attics. They shall be located in a readily accessible area.

Power of building official to disconnect wiring. If the electrical inspector finds any part of any electric wiring, apparatus or fixtures in or about any building to have been installed without a permit, or not in accordance with the rules and regulations as provided by this Code or the State of Idaho, or if any electric installations are found to be dangerous to life or property, the building official is authorized to request that Idaho Power disconnect the electrical energy to the structure. He shall at the same time give written notice of such disconnection to the owner or occupant of the building in which such disconnection is being made and shall post the building with the notice and order issued to the electric utility. After such disconnected wiring, apparatus or fixtures have been replaced, repaired or rehabilitated to such put in a condition that they are deemed safe by the electrical inspector, Idaho Power will be notified by means of a final inspection and approval by the electrical inspector.

Commercial buildings. This section covers all buildings or that part of a building or structure designated or intended for use by persons for commercial purposes. Included are all occupancies as defined within the current edition of the International Building Code except: group R, and group U, division 1, occupancies.

Wiring methods. All wiring within structures housing the occupancies referenced in this section shall have their wiring installed within a raceway as defined in the NEC installed in other methods which have been approved by the building official and which meet the intent of this section. Wiring methods within group R and group U occupancies shall be dictated by the requirements of the adopted version of the National Electric Code.

(Ord. 3762, 12-17-2007; Ord. 4406, 11-5-2018)

Sections:

The following are adopted as part of the Nampa City Code and shall provide the standard for the installation of all mechanical equipment installed within the city not otherwise covered by existing city regulations:

The 2018 International Mechanical Code, published by the International Code Council, as adopted by the state of Idaho or the Idaho Building Code Board, together with any amendments or revisions thereto made by the Idaho Heating, Ventilation, and Air Conditioning Board through the negotiated rulemaking process;

The 2018 International Fuel Gas Code, published by the International Code Council, as adopted by the state of Idaho or the Idaho Building Code Board, together with any amendments or revisions thereto made by the Idaho Heating, Ventilation, and Air Conditioning Board through the negotiated rulemaking process; and

The 2018 International Residential Code Parts V and VI, published by the International Code Council, as adopted by the state of Idaho or the Idaho Building Code Board, together with any amendments or revisions thereto made by the Idaho Building Code Board through the negotiated rulemaking process.

Copies of the most current amendments or revisions to the above referenced codes, resulting from the negotiated rulemaking process, are available at the building department, from the building department's website, and from the Idaho Building Code Board.

(Ord. 4213, 12-7-2015, eff. 1-1-2016; Amd. Ord. 4539, 11-16-2020)

It is unlawful for any person to do, or cause to be done, any mechanical equipment installations without first obtaining a mechanical permit from the division of building safety authorizing such work to be done.

(Ord. 3942, 12-20-2010)

Any mechanical installations requiring a mechanical permit and inspection as defined in this Code shall be installed by a state licensed mechanical contractor who has a valid state license.

Exceptions:

Homeowner installation: Mechanical installations may be performed by individuals who are the legal owners of group R, divisions 3—4, and group U occupancies as defined by the international building code, and the property to which the structures are attached. Mechanical installations allowed under this exception shall only be permitted if the property owner resides in the dwelling for a period of 180 days after the installation is completed.

Hardship cases: Members of the immediate family are allowed to perform mechanical installations including gas piping for family members unable to perform the work for themselves.

(Ord. 3942, 12-20-2010)

Any person engaged in or becoming engaged in the gas piping business or the installation of mechanical equipment is required to secure a license from the State of Idaho.

(Ord. 3942, 12-20-2010)

IMC and IFGC sections 103.2 "Appointment" is deleted in its entirety.

IMC section 903 "Factory Built Fireplaces" add a new section to read as follows:

Section 903.3 "Provisions For Mitigating Indoor Air Pollutants Emitted By Unvented Gas Fireplaces". Unvented gas fireplaces shall not be permitted without the installation of a supplemental whole-house ventilation strategy, which will serve to provide a non-passive outside fresh air source to the living space during the time of fireplace operation. Such a strategy may be provided through the installation of an approved air-to-air heat exchanger, or an engineered ventilation system designed to mitigate those combustion by- products emitted by the unvented gas burning appliance. The fresh air supply must be activated and operating any time the unvented fireplace is in use.

(Ord. 3942, 12-20-2010)

Sections:

Before any person may use any street in the city for the removal or moving of any building, such person shall obtain a right-of-way permit from the Nampa Engineering Department and a moved building permit from the Nampa Department of Building Safety. Placement of a moved building onto a site within Nampa city limits requires building, plumbing, mechanical, and electrical permits from the Nampa Department of Building Safety.

The application for said permit shall be signed by the person desiring to use said street for such purpose and shall state the route over which the building is to be moved and the final destination, and such other information as is deemed necessary.

Any person moving such building shall be liable to the city for any and all damage to the streets thereof, and also to any person whose property is injured by reason of such removal.

(Ord. 2094; Ord. No. 4624, § 3, 11-1-2021)

Any person who desires to move any building through or along a route which crosses or in any manner interferes with the line of any telegraph, telephone, electric light, fire alarm circuit, or other electric wire line, shall, before obtaining such permit, give at least 72 hours written notice to the owner or manager of any such apparatus. The notice shall contain all the information set forth in the application for permit. The applicant shall also pay in advance to such owner or manager the amount of the cost and expense of cutting, repairing, moving, raising and replacing such wires, cables or other apparatus as will be cut or interfered with.

(Ord. 2094)

All persons involved in the moving of any building through or along any public right-of-way shall:

Agree to hold harmless and indemnify the city, its officers, agents and employees, against any and all claims of personal injury or property damage resulting therefrom.

Maintain all required insurance and file with the city a satisfactory certificate of insurance to indemnify the city against any form of liability to a minimum dollar amount as determined by resolution of the city council.

(Ord. 2094)

The building department shall examine the building and shall specify the structural condition that such building must adhere to before being moved and used of occupancy. The building department will inform such person what the building must contain in structural content to conform to the building department's policy and adopted building, plumbing, mechanical, and electrical codes for a building to be placed in the area where such building is to be moved, and shall require a sufficient cash bond to assure that the building will be placed in such condition to meet all city requirements.

Relocated structures shall be brought into substantial compliance with current Building, Electrical, Plumbing, Mechanical and Energy Codes as adopted by the City of Nampa.

(Ord. 2094; Ord. No. 4624, § 4, 11-1-2021)

Approval of an application to move a building shall be obtained through the City of Nampa Building Department. The city may include conditions of approval in its decision. The typical fee structure for building permits applies to the application to move a building. Additional fees may be required in accordance with the applicable fee resolution adopted by the city.

Once approval of the application to move a building has been obtained, a special investigation can be scheduled in which a building safety inspector will evaluate the structure based on the building criteria outlined in the latest relocated structure bulletin and section 10-1-2 of this Code. If applicable, the applicant will be provided with a list of items which will need to be corrected at time of residential building submittal.

Once the application to move a building permit has been approved along with any conditions of approval, the applicant may submit an application for a residential building permit with the required submittal items for plan review. Once approved, the applicant can relocate the building and proceed with placement of structure and construction per the approved plans.

The property owner shall provide a cashier's check made payable to the City of Nampa for one and one-half times the approved amount of the estimated demolition cost for the relocated structure and restoration of the property to its original condition which includes any conditions of approval. The owner/permittee may obtain an independent third party bid from a certified professional demolition contractor for the required demolition and site restoration work. In the absence of a qualified bid the building official shall estimate the amount of demolition and restoration. If the property owner does not satisfactorily complete the applicable demolition and restoration work, then the funds deposited from the property owner will be used by the city to complete said work. After completion of the required restoration and demolition work, if there are funds remaining from the original amount deposited then those funds will be returned to the property owner. If the funds from the property owner are not sufficient to complete said work, then owner is responsible to pay the difference to the city.

If the property owner fails to complete the work as required the building official shall issue a notice and order as specified in city's adopted Abatement Code the 2018 International Property Maintenance Code (the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition). This notice and order shall specify a time not to exceed 60 days for the owner/permittee to complete the work. If the property owner fails to timely complete the work following said notice and procedure, then the city may condemn and raze the building using the property owner's funds deposited with the city to cover the costs thereof.

(Ord. 2094; Ord. No. 4624, § 5, 11-1-2021)

Sections:

There is hereby adopted by the mayor and the city council of the City of Nampa, County of Canyon, 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 Nampa, 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 (IFC), with amendments as published by the International Code Council, as adopted by the State of Idaho, together with any amendments or revisions to the International Fire Code made by the State of Idaho; 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 Nampa.

(Ord. 4353, 12-4-2017, eff. 1-1-2018; Ord. No. 4638, § 1, 12-20-2021)

IFC Section 101.1 shall be amended to read as follows:

Section 101.1 Title. These regulations shall be known hereafter as the "Fire Code" of the City of Nampa, hereinafter referred to as "this code."

Section 101.2.1 shall be amended to read as follows:

Section 101.2.1 Appendices. Adopt Appendices B, C, D, E, F, and L.

IFC Section 110.4 shall be amended to read as follows:

110.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 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 307.1.1 amended to read as follows:

307.1.1 Prohibited open burning. All open burning, even if a valid permit has been issued or no permit is required, is prohibited when the Air Quality Index (AQI) as reported by the Idaho Department of Environmental Quality (DEQ) reaches 60 or higher for any pollutant and the wind speeds are greater than 10 MPH.

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

IFC Section 307.2 shall be amended to read as follows:

307.2 Permit Required. A permit shall be obtained from the fire code official or agent in accordance with 105.6 prior to kindling a fire for permitted or otherwise allowed open burning or outdoor fire activities. Permitted open burning and outdoor fire activities include the following: burning of certain waterway canals or ditches, non-combustible fence lines (i.e., along a chain link fence or a barbed wire fence with steel posts), burning to control and kill certain recognized and known noxious weeds (i.e., goat heads) or a bonfire. Application for such approval shall only be presented by and permits issued to the owner or agent of the land upon which the fire is to be kindled. All permit requests are subject to investigation and/or inspection by the fire department to ascertain the validity of the conditions present, analyze the potential dangers of such a fire and whether such a permit is justified to be issued.

Exception: Fires used by firefighters for fighting or preventing a fire (backfires, burnouts, controlled burns), fires used for firefighter training (training burns), or fires used by public authorities or their agents to control an environmental danger or hazard (HAZMAT product burn off).

IFC amended to add section 307.6 to read as follows:

307.6 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.

IFC Section 505.1 shall be amended to read as follows:

505.1 Address Numbers. All residential structures, commercial and industrial structures shall be identified with a premises identification number (address). All numbers shall contrast with their background. Single-family residential addresses shall be a minimum of six inches (6") in height. Multiunit residential structures containing three (3) or more units, commercial and industrial structures address numbers shall be a minimum of ten inches (10") in height. Multiunit residential structures containing three (3) or more units, commercial or industrial structures on corner lots shall have the building number appear on both elevations of the building(s) that adjoin streets or avenues. Where a building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. The city engineer or his/her designee shall be solely authorized to assign address numbers for properties in the Nampa addressing impact area.

IFC amended to add section 903.4.1.1 to read as follows:

903.4.1.1 Tenant Space Sprinkler Flow Notification. All buildings that are required to be fire sprinklered shall have an approved audible/visual sprinkler flow alarm to alert the occupants of each tenant space in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor.

IFC amended to add section 904.7.2 to read as follows:

904.7.2 Use of Foam-Water Suppression Systems. Prior to the approval of any permit for the installation or modification of a foam-water suppression system, approval in writing shall be received from the fire code official. Approval shall only be permitted when in the opinion of the fire code official no reasonable alternative to these systems exist. Where permitted, mitigation measures shall be provided as approved by the fire code official.

IFC Amendment to add Section 914.8.3.3 to read as follows:

914.8.3.3 Use of Foam Systems in Aircraft Hangars. Prior to the approval of any permit for the installation or modification of a foam-water suppression system, approval in writing shall be received from the fire code official. Approval shall only be permitted when in the opinion of the fire code official no reasonable alternative to these systems exist. Where permitted, mitigation measures shall be provided as approved by the fire code official.

IFC Section 2007.6 Amended to add a paragraph to the end to read:

2007.6 Foam Protection. Add a paragraph to the end of 2007.6 to read as follows: Prior to the approval of any permit for the installation or modification of a foam-water suppression system, approval in writing shall be received from the fire code official. Approval shall only be permitted when in the opinion of the fire code official no reasonable alternative to these systems exist. Where permitted, mitigation measures shall be provided as approved by the fire code official.

IFC Section 5601.1.3 amended Exception 4 to read as follows:

5601.1.3 Fireworks. Exception 4. Sales and use of consumer fireworks in accordance with Section 5609.

IFC Section 5609 amended to read as follows:

5609 Fireworks Sales and Use.

5609.1 General. These regulations are a compendium of Idaho statutes found in title 39 "Health And Safety", chapter 26 "Fireworks"; portions of IFC chapter 56 "Explosives And Fireworks"; and a model fireworks law developed by local fire code officials and intended specifically for use in Treasure Valley municipal jurisdictions. Where any laws or standards are found to be in conflict with one another, the law or standard that is more restrictive shall apply.

5609.2 Definitions.

CARETAKER UNIT: A recreational vehicle or motor vehicle equipped as living quarters parked at the site of an operation for the purpose of providing security for an operation during non-business hours. This definition shall not include camping tents.

DANGEROUS FIREWORKS: All fireworks other than non-aerial common fireworks which launch into the air and/or explode including but not limited to: firecrackers, bottle rockets, cherry bombs, M-80's, Roman candles, sky rockets, mortar fired shells, jumping jacks, etc.

FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the USDOT and designated as United Nations (UN) 0335 1.3G or UN 0336 1.4G.

NONAERIAL COMMON FIREWORKS: Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet.

NOVELTY FIREWORKS: Any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (.25) of a grain or less of explosive substance.

OPERATION: A business, whether formally or informally organized, in which the operator sells fireworks at retail.

OPERATOR: Any person, sole proprietor, partnership, or corporation selling fireworks at retail. This definition shall include such operator's agents, employees, partners, and officers.

PERMITTEE: The person to whom a non-aerial common fireworks permit or public fireworks display permit is issued pursuant to these regulations.

PUBLIC FIREWORKS DISPLAY: The discharging of fireworks for the purpose of producing a visible or audible effect before an audience at a planned function or event. This definition shall not include the discharging of novelty fireworks.

10.

RETAIL: Merchandise sold to a "consumer" of the product (not for resale) consisting of any quantity from a single unit (or item) up to and beyond a gross lot of that item or combinations of items in various quantities.

11.

SHORT-TERM STORAGE CONTAINER: Any container that is used for the storage of non-aerial common fireworks when:

The non-aerial common fireworks stored therein are possessed under the authority of a non-aerial common fireworks permit and:

The operation is closed, and/or

ii.

Such fireworks are not actively being sold or offered for sale.

The non-aerial common fireworks stored therein are possessed under the authority of a public fireworks display permit and such fireworks are not actively being used for any public fireworks display.

Except as otherwise provided in these regulations, for purposes of this definition, short-term storage facilities may include, but are not limited to, the following, where fireworks are stored therein: any stand, tent, truck, trailer, or other vehicle; a fully enclosed inter-modal container; or a shed, detached garage, barn, outbuilding, or other permanent structure.

12.

SUMMER SALES PERIOD: From 8:00 A.M. June 24 to 12:00 midnight July 5.

13.

TEMPORARY FIREWORKS STAND: A temporary stand or tent from which non-common aerial fireworks are sold and/or offered for sale. A temporary fireworks stand may serve as a short-term storage container pursuant to the provisions of these regulations.

14.

WHOLESALE: Idaho statute section 39-2602 defines "wholesale" to mean the sale of fireworks to a retailer or wholesaler. However, "wholesale" also means "a large quantity" (Oxford American Dictionary) of a product. For the purpose of enforcing these regulations, "a large quantity" is hereby determined to consist of "a gross lot" consisting of 144 pieces or more. (Example: 144 or > retail packages of firecrackers, 144 or > retail packages of bottle rockets, 144 or > retail packages of skyrockets, etc.).

15.

WINTER SALES PERIOD: From 8:00 AM December 27 to 12:00 midnight January 1.

5609.3 Sale, Storage, Possession, and/or Discharge of Fireworks.

The sale, storage, possession, and/or discharge of dangerous fireworks is prohibited at all times, except where such sale, storage, possession, and/or discharge complies with each of the following:

Possession of a public fireworks display permit validly issued pursuant to these regulations (for public fireworks shows),

Possession of a current Idaho state fire marshal's office issued "wholesale and import dangerous fireworks license" issued pursuant to Idaho statutes section 39-2603 (for import and wholesale fireworks businesses),

All provisions of these regulations,

All other applicable provisions of federal, state, or local law,

If stored outside of this jurisdiction proper written notification must be given to the authority having jurisdiction (AHJ) of the location where such fireworks are stored and a letter of approval shall be provided by that (AHJ) to the Nampa fire department.

The sale, storage, possession, and/or discharge of non-aerial common fireworks are prohibited at all times, except that:

Non-aerial common fireworks may be sold, stored, possessed, and/or discharged during the summer sales period or the winter sales period so long as such sale, storage, possession, and/or discharge complies with:

A non-aerial common fireworks sales permit validly issued pursuant to these regulations;

ii.

All provisions of these regulations; and

iii.

All other applicable provisions of federal, state, or local law.

iv.

Non-aerial common fireworks may be stored, possessed, and/or discharged during the period specified in a public fireworks display permit issued pursuant to these regulations, so long as such storage, possession, and/or discharge complies with:

A public fireworks display permit validly issued pursuant to these regulations; and

ii.

All provisions of these regulations, and

iii.

All other applicable provisions of federal, state, and local law.

Novelty fireworks may be sold and used at any time.

5609.4 Inspections by Fire Code Official or Designee.

The fire code official and/or his or her designee shall be authorized to:

Inspect any and all operations at which fireworks are used (public firework displays), sold or offered for sale (temporary fireworks stand), and/or stored (short-term storage) to ensure compliance with these regulations and any and all other applicable laws.

Inspect any and all temporary fireworks stands from which fireworks are sold, offered for sale, and/or stored.

Inspect and/or require operator to present for inspection any records, licenses, and/or permits required by law.

Revoke a non-aerial common fireworks permit or public fireworks display permit on the grounds and pursuant to the procedures set forth in these regulations.

Conduct any other inspections or undertake any other acts authorized by these regulations and any and all other applicable laws.

5609.5 Permit for Retail Sales of Non-Aerial Common Fireworks.

No person, without having a valid non-aerial common fireworks permit issued pursuant to these regulations, shall offer for sale; possess or store for the purpose of sale; sell; cause to be offered for sale; cause to be possessed or stored for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose.

Application for a non-aerial common fireworks permit shall be made to the Nampa fire department in such form and manner as the fire code official may prescribe. Such application shall include, but not necessarily be limited to, the following information:

Applicant's name, age, date of birth, and social security number (a photocopy of driver's license preferred);

If operation is a partnership, corporation, or limited liability company, the names and addresses of, as applicable:

All partners;

All corporation and corporate officers; or

The company and its members.

Physical and mailing addresses of applicant's home and principal place of business and fixed and/or mobile telephone numbers;

Name and address and fixed and/or mobile telephone numbers of applicant's registered agent for service of process;

Idaho sales tax seller's permit number, if applicable;

Physical address and description of each and every location at which fireworks are to be stored;

Dates during which non-aerial common fireworks are to be stored;

Physical address and description of any and all locations at which non-aerial common fireworks are to be sold and/or offered for sale;

Dates during which non-aerial common fireworks are to be sold and/or offered for sale;

A "to scale" site plan, which shall include a description of:

Location, type, and dimensions of any temporary fireworks stand, caretaker unit, power generator(s) and/or short-term storage container to be located at the sales site;

ii.

The distance (in feet) from the temporary fireworks stands and/or short-term storage containers, setbacks from property lines, to any fuel dispensing equipment, the nearest fire hydrant;

iii.

All roadways and parking areas;

iv.

Vision sight triangle (for driveway exits if located on a corner);

Waste control plan (receptacles or dumpsters).

vi.

Such other information as the planning and zoning department or fire code official may require.

The fire code official shall direct the necessary investigations into the application in order to determine:

Whether the proposed operations, activities, and/or uses are in compliance with these regulations and/or all other applicable provisions of Nampa city code and/or state and/or federal law;

Whether use of such permit by applicant or applicant's agent, employee, partner, or officer will likely endanger the health, safety, and/or welfare of persons or property; and

Whether issuance of such permit will serve the best interest of the city.

Applications for non-aerial common fireworks permits authorizing the permittee to sell non-aerial common fireworks during the summer sales period shall be filed with the fire department on or before May 1, or the next business day if such date falls on a non-business day, preceding the summer sales period in which non-aerial common fireworks are to be sold. Applications for non-aerial common fireworks permits authorizing the permittee to sell non-aerial common fireworks during the winter sales period shall be filed with the fire department on or before November 15, or the next business day if such date falls on a non-business day, preceding the winter sales period in which non-aerial common fireworks are to be sold.

So long as the application is filed by the applicable May 1 or November 15 deadline, the fire code official or designee shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant more than 15 days after the respective May 1 or November 15 deadline shall be denied.

A separate application shall be filed for each and every operation and location at which non-aerial common fireworks are to be sold and/or offered for sale.

A separate application shall be filed for each and every summer or winter sales period during which non-aerial common fireworks are to be sold.

The fire code official shall deny an application for a non-aerial common fireworks permit:

Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code.

Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding one (1) year of a violation of any zoning, building, fire or health and safety codes of the city of Nampa.

Where the city of Nampa has revoked or suspended from applicant, or applicant's agent, employee, partner, or officer a non-aerial common fireworks permit issued pursuant to these regulations, in the preceding one (1) year.

Where the planning and zoning department, building department, fire department or police department report that:

The proposed operations, activities, and/or uses are not in compliance with these regulations and/or any other applicable provisions of Nampa city code and/or state and/or federal law;

ii.

Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property; or

iii.

Issuance of such permit would not serve the best interest of the city.

Any denial of an application for a non-aerial common fireworks permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. postal service to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the fire code official shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the fire code official grant the permit. The action of the city council shall be final.

Each non-aerial common fireworks permit application shall be accompanied by an application fee as established on the most current city fee schedule for each operation for which a permit is sought.

10.

Each non-aerial common fireworks permit application shall be accompanied by a certificate of insurance for public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho.

11.

A non-aerial common fireworks permit issued pursuant to these regulations shall be valid only for the period designated and for the specific location designated in the permit and shall be nontransferable.

12.

The fire code official or a designee, may revoke a non-aerial common fireworks permit issued pursuant to these regulations where:

The operator conducts a use, condition, and/or activity not allowed under the terms of the permit.

The operator violates conditions and/or limitations set forth in the permit or allows others to do same proximal to their operation.

The application for the permit contains any material false statements or misrepresentations.

The permit is used by a different operator or operation than to whom it was issued.

The permit was issued in error or in violation of any ordinance or law.

The permittee fails to comply with any order or notice duly served in accordance with the provisions of these regulations or other applicable law.

The permittee fails to comply with any provision of federal law, the Idaho state fireworks act (title 39, chapter 26), and/or Nampa city code, including, but not limited to, these regulations.

13.

Any revocation or suspension of a non-aerial common fireworks permit shall be made in writing and shall describe the reason(s) for such action. Such written notification shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. postal service to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such action before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the fire chief or the designee thereof, who revoked the permit shall present findings and information as to the basis of the action. The city council shall have the authority to affirm the revocation or suspension and may order the fire code official to reinstate the permit. The action of the city council shall be final.

5609.6 Retail Sales of Non-Aerial Common Fireworks.

The following provisions shall apply to each and every operation. The sale of non-aerial common fireworks in violation of these regulations or in any manner or by any means not in accordance with the provisions of these regulations shall be unlawful.

No person, without having a valid non-aerial common fireworks permit issued pursuant to these regulations, shall offer for sale; possess for the purpose of sale; sell; cause to be offered for sale; cause to be possessed for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose.

Only one (1) temporary fireworks stand shall be allowed per site.

No temporary fireworks stand used during the summer sales period shall be erected before June 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than noon on July 12. No temporary fireworks stand used during the winter sales period shall be erected before December 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than noon on January 8.

One (1) caretaker unit may be allowed per sales site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum of twenty-five feet (25') from any temporary fireworks stand or short-term storage container. Caretaker units used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after noon on January 8.

The sale of fireworks shall be prohibited on or in any residentially zoned property, or within 100 feet of any flammable liquid dispensing device or installation.

Non-aerial common fireworks and/or related merchandise shall not be sold or offered for sale, structures or signs shall not be erected, and/or business shall not be conducted within the public right-of-way, unless otherwise authorized by the appropriate transportation or governmental authority. If a private sidewalk or pedestrian way is occupied by a structure, stand, tent, or sign associated with an operation, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way.

No entrance and/or exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for access as established by the appropriate transportation or governmental authority.

No operation shall sell non-aerial common fireworks and/or offer non-common aerial fireworks for sale at a location lacking adequate off-street parking upon asphalt or other dustless material (a maintained all-weather surface) and be in compliance with the planning and zoning department.

Compressors, fans, pumps, generators and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise.

10.

No person shall construct, or cause to be constructed, any permanent structure for the sale and/or offering for sale of non-aerial common fireworks. No operator may sell or offer for sale non-aerial common fireworks from or in a permanent structure or from a motor vehicle.

11.

No person shall have an open flame or use an exposed-element heating device in any temporary fireworks stand.

12.

During business hours, each and every operation shall be staffed by at least one (1) person who is twenty-one (21) years of age or older.

13.

No person under sixteen (16) years of age shall be allowed in the non-public areas of a temporary fireworks stand. Operators shall maintain a list of all persons who will be working in the stand which shall include their full name, sex, age and date of birth. Persons working in stands shall have a photo identification card (driver's license, school ID card, etc.) in their possession at all times they are working.

14.

No operator shall sell fireworks to any person who is under the age of sixteen (16) years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator.

15.

As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands.

16.

Any and all temporary fireworks stands shall comply with all applicable provisions of federal, state, county and Nampa city code, including, but not limited to, planning and zoning regulations, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits from federal, state, local, and/or city agencies.

17.

Prior to erecting any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within a thirty-foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand.

18.

No temporary fireworks stand shall have a floor area in excess of six hundred (600) square feet.

19.

Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one (1) additional door for each thirty-two feet (32') of rear wall in excess of thirty-two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, non-opening, inaccessible, or malfunctioning.

20.

Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any other building, property line or structure.

21.

Any and all temporary fireworks stands shall have a non-combustible (metal) short-term storage container on site to secure stored fireworks.

22.

Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels.

23.

Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation.

24.

Any and all temporary fireworks stands shall contain a minimum of two (2) type 2A fire extinguishers. Such extinguishers shall, at all times: be in good working order, have a current service/inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof.

25.

Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business unless they can be secured in a manner acceptable to the AHJ. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short-term storage facility, in which case all provisions of these regulations governing short-term storage facilities shall apply.

26.

No person shall sleep or be under the influence of any intoxicants including alcohol or drugs at any time in any temporary fireworks stand.

27.

Vehicles shall not be parked within twenty-five feet (25') of the exterior of any temporary fireworks stand.

28.

No person shall smoke inside any temporary fireworks stand, or within fifty feet (50') of any temporary fireworks stand.

29.

At least one (1) durable sign with red-block lettering on a white background and reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high shall be posted on each and every interior and exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times.

30.

No operator shall allow fireworks to be discharged in or within three hundred feet (300') of any temporary fireworks stand. At least one (1) durable sign with red-block lettering on a white background and reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times.

31.

Waste receptacles in any temporary fireworks stand shall be non-combustible (metal) and shall have a securely fitting lid.

32.

All permits and notices are required to be posted in or on the stand visible to the public at all times.

5609.7 Storage of Non-Aerial Common Fireworks.

The following provisions shall apply to each and every operation. The storage of non-aerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful.

No person, without having a valid non-aerial common fireworks permit issued pursuant to these regulations, shall store for the purpose of sale or cause to be stored for the purpose of sale non-aerial common fireworks in any manner or for any use or purpose.

Only one (1) short-term storage container in addition to the temporary fireworks stand shall be allowed per site.

Short-term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Short-term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after noon on January 8.

The storage of fireworks shall be prohibited on any residentially zoned property or within 300 feet of any international building code (IBC) group A, E, I or R occupancies.

Short-term storage containers shall not be placed or erected within the public right-of-way, unless otherwise authorized by the appropriate transportation or governmental authority. If a private sidewalk or pedestrian way is occupied by a short-term storage container, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way.

No person shall construct, or cause to be constructed, any permanent structure for the storage of non-aerial common fireworks.

Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator.

No operator shall cause or allow any exit from a short-term storage container to be obstructed, inaccessible, or malfunctioning.

As to each and every short-term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short-term storage containers.

Any and all short-term storage containers shall comply with all applicable provisions of federal, state, and local law and of Nampa city code, including, but not limited to, planning and zoning standards, the international building code, the international fire code, and the national electrical code. The operator shall obtain any and all required permits from federal, state, local, and/or city agencies.

Non-aerial common fireworks may be stored in a short-term storage container no longer than sixty (60) days prior to, and fifteen (15) days after, the dates during which the sale of non-aerial common fireworks is allowed under a non-aerial common fireworks permit. The storage of fireworks by any person at any other time or for a longer duration shall be unlawful.

Prior to erecting, placing, and/or utilizing any short-term storage container, and throughout the applicable sales period, the ground underlying such short-term storage container and all ground within a thirty-foot (30') perimeter thereof shall be cleared and maintained clear (to bare earth) of any and all weeds, combustible vegetation or material, and/or debris.

No short-term storage container shall have a floor area in excess of three hundred and twenty (320) square feet.

Any and all short-term storage containers shall be located at least twenty-five feet (25') from any other building or structure, including, but not limited to, any temporary fireworks stand and all property lines.

Any and all short-term storage containers shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels.

Any and all short-term storage containers shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation.

Any and all short-term storage containers shall contain a minimum of one (1) fire extinguisher with a minimum rating of 2A, which shall be located in an accessible and visible location within forty-eight inches (48") of the access door. Such extinguisher(s) shall, at all times: be in good working order and have a current service/inspection tag. If such container has more than one access door, a fire extinguisher shall be located in an accessible and visible location within forty-eight inches (48") of each and every access door.

No person shall sleep at any time in any short-term storage container.

Vehicles shall not be driven or parked within twenty-five feet (25') of the exterior of any short-term storage container, except to load or unload fireworks. Any vehicles engaged in loading or unloading shall have their motors turned off during either of those processes and shall not block exits, reduce door swing or block escape routes from the short-term storage container.

No person shall smoke inside or within fifty-feet (50') of any short-term storage container.

At least one (1) durable sign with red-block lettering on a white background and reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high shall be posted on each and every interior wall and each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times and must not be blocked or obstructed by products or materials.

No operator shall allow fireworks to be discharged in or within three hundred feet (300') of any short-term storage container. At least one (1) durable sign with red-block lettering on a white background and reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high shall be posted on each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times.

No operator shall permit a fire nuisance or hazard to exist in or around any short-term storage container.

No operator shall permit the accumulation of rubbish or trash in or around any short-term storage container.

Waste receptacles are prohibited in any and all short-term storage containers, unless such receptacle is non-combustible (metal) and has a securely fitting lid.

All short-term storage containers shall be located within 500 feet of a fire hydrant capable of flowing at least 1,000 gallons per minute.

All short-term storage containers shall be secured with a heavy-duty lock at all access points when no supervised loading or unloading is in progress.

Where a temporary fireworks stand is used as a short-term storage facility, such temporary fireworks stand:

Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of these regulations.

ii.

Where such temporary fireworks stand is constructed with hard sides, shall be secured with a heavy-duty lock and key at all access points.

iii.

Where such temporary fireworks stand is constructed with canvas or other soft material sides, the stand shall be constantly watched by a competent adult person who shall remain awake, alert, and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein. A dog or other animal is not a person for purposes of this section.

Where a truck, trailer or similar vehicle is used as a short-term storage container, such truck, trailer or vehicle:

Shall comply with all applicable provisions of this chapter in addition to any and all other applicable provisions of the IFC.

ii.

Shall be effectively "chocked" to prevent rolling and secured by a working lock or locks at all times and at all access points, except during supervised loading and/or unloading of merchandise.

iii.

Be properly marked and/or placarded in accordance with USDOT requirements (UN hazardous materials identification signs).

iv.

May not be used for both fireworks storage and debris or waste disposal simultaneously.

Where a permanent building or structure is used as a short-term storage container, such structure:

Shall comply with all applicable provisions of the IFC, IBC and these regulations;

ii.

Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading;

iii.

Shall contain no open flames;

iv.

Shall have no heating source;

Shall have no lighting source, except that hand-held, battery-operated flashlights may be used therein; and

vi.

Shall be separated by a minimum of twenty-five feet (25') from any other structure that:

is used as a residence or business;

Is used for human habitation;

contains open flames;

contains a heating source; and/or

contains a lighting source.

5609.8 General Prohibitions.

It shall be unlawful for any person to:

Alter any fireworks, except where such alteration complies with:

A public fireworks display permit validly issued pursuant to these regulations;

All provisions of these regulations; and

All other applicable provisions of federal, state, and local law;

Throw or discharge any fireworks from, into or at a vehicle or structure;

Throw or discharge any fireworks at any person or animal;

Sell, store, possess, discharge, or use any fireworks in violation of these regulations, the IFC or any other law;

Throw or discharge any fireworks in or near any dry grass or other vegetative fuels, or, use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by the fire chief or his/her designee, provided that notice of such areas of severe fire threat is given in advance;

Discharge fireworks within three hundred feet (300') of any temporary fireworks stand or short-term storage container;

Smoke within fifty feet (50') of any temporary fireworks stand or short-term storage container;

Ignite a flame within fifty feet (50') of any temporary fireworks stand or short-term storage container;

Operate a motor vehicle within twenty-five feet (25') of any temporary fireworks stand or short-term storage container; or

10.

Obstruct or cause to be obstructed, inoperable, inaccessible, or malfunctioning any exit from a temporary fireworks stand or short-term storage container.

11.

It shall be unlawful for any person to discharge any dangerous fireworks at any time, unless otherwise permitted in these regulations. It shall be unlawful for any person, not otherwise licensed to import at wholesale, to possess any dangerous fireworks in a quantity less than a wholesale amount.

12.

It shall be unlawful for anyone under the age of sixteen (16) years to purchase, possess, or discharge any non-common aerial fireworks, except in the presence of a parent or legal guardian.

5609.9 Liability of Parents or Guardians.

The parent, guardian or other person having custody or control of a minor shall be liable for any and all damages caused by the discharge or use of fireworks by the minor, including any chargeable fire suppression costs.

5609.10 Permit for Public Fireworks Display.

No person, without having a valid Nampa fire department issued public fireworks display permit issued pursuant to these regulations, shall possess or store for the purpose of public fireworks display, or cause to be possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose.

Application for a public fireworks display permit shall be made to the Nampa fire department in such form and manner as the fire code official may prescribe. Such application shall include, but shall not necessarily be limited to, the following information:

Applicant's full and legal name, age, date of birth and social security number (photocopy of driver's license preferred);

If the public fireworks display for which the permit is sought is to be performed by a partnership, corporation, or limited liability company, the names and addresses of, as applicable:

All partners;

All corporation and corporate officers; or

The company and its members.

Physical and mailing addresses of applicant's home and principal place of business, and business and mobile telephone numbers;

Name and address of applicant's registered agent for service of process;

Physical address and description of each and every location at which fireworks are to be stored;

Dates during which non-aerial common fireworks are to be stored;

Physical address and a description of location at which the public fireworks display is to occur;

Date(s) on which public fireworks display is to occur;

A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of:

Location, type, and dimensions of short-term storage containers to be used;

ii.

The distance from other structures of any short-term storage container.

A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in NFPA standards 1123 and 1126.

Description of prior pyrotechnical experience with references including dates, names of client(s) and a contact phone number for them.

Such other information as the fire code official may require.

The fire code official shall direct the necessary investigations into the application in order to determine:

Whether the proposed activities and/or uses are in compliance with these regulations and/or all other applicable provisions of Nampa city code and/or state and/or federal law;

ii.

Whether use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property;

iii.

Whether use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property; and

iv.

Whether issuance of such permit will serve the best interest of the city.

Applications for public fireworks display permits shall be filed with the fire department at least forty-five (45) days before the date on which the proposed public fireworks display is to occur.

So long as the application is filed at least forty-five (45) days preceding the date on which the proposed public fireworks display is to occur, the fire code official shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant within fifteen (15) days of the proposed public fireworks display shall be denied.

A separate application shall be filed for each and every public fireworks display, except for special seasonal uses such as high school football games, where a single permit shall suffice for the entire season.

The fire code official shall deny an application for a public fireworks display permit where:

The applicant is under the age of twenty-one (21) years.

The applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code.

The city has revoked from applicant, or applicant's agent, employee, partner, or officer a non-aerial common fireworks permit or public fireworks display permit issued pursuant to these regulations, in the preceding one (1) year.

The fire department or police department report that:

The proposed operations, activities, and/or uses are not in compliance with these regulations and/or any other applicable provisions of Nampa city code and/or state and/or federal law;

ii.

Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property;

iii.

Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property; or

iv.

Issuance of such permit would not serve the best interest of the city.

Any denial of an application for a public fireworks display permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. postal service to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the fire code official shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the fire code official to grant the permit. The action of the city council shall be final.

Each public fireworks display permit application shall be accompanied by an application fee as set in the current adopted city fee schedule for each operation for which a permit is sought. Public displays for non-profit groups may be waived by the fire code official.

Each public fireworks display permit application shall be accompanied by a certificate of insurance for public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho.

A public fireworks display permit issued pursuant to these regulations shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable.

The fire code official or their designee, may revoke or suspend a public fireworks display permit issued pursuant to these regulations where:

The operator conducts a use, condition, and/or activity not allowed under the terms of the permit, or failure to follow

recommendations of any NFPA or other recognized safety standards relating to fireworks and fireworks displays.

The operator violates conditions and/or limitations set forth in the permit.

The application for the permit contains any material false statements or misrepresentations.

The permit is used by a different operator or operation than to whom it was issued.

The permit was issued in error or in violation of any ordinance or law.

The permittee fails to comply with any order or notice duly served in accordance with the provisions of these regulations or other applicable law.

The permittee fails to comply with any provision of federal or state law, the Idaho state fireworks act, and/or these regulations.

Any revocation of a public fireworks display permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. postal service to the permittee's mailing address as set forth in the application.

The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the fire code official or designee thereof, who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the fire code official to reinstate the permit. The action of the city council shall be final.

5609.11 Public Fireworks Display.

No person, without having a valid public fireworks display permit issued pursuant to these regulations, shall possess or store for the purpose of public fireworks display, or cause to possess or store for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose.

All public fireworks display permittees, and/or his or her agents, contractors, and/or employees, shall, in all facets of a public fireworks display undertaken pursuant to a validly issued public fireworks display permit, including, but not limited to, set-up, staging, and performance, strictly comply with any and all provisions of the current edition of each and all of the following National Fire Protection Association (NFPA) standards:

NFPA 1123, Fireworks Display; and

NFPA 1126, Standard For The Use Of Pyrotechnics Before A Proximate Audience.

Storage of dangerous fireworks to be used in a public fireworks display authorized by a valid public fireworks display permit issued pursuant to these regulations shall be stored in accordance with any and all applicable provisions of these regulations governing short-term storage containers and all applicable provisions of the IFC, except that no person shall store dangerous fireworks:

In a temporary fireworks stand;

In any soft-sided structure, including, but not limited to, a tent;

In any place or in any manner allowing access to such dangerous fireworks by anyone other than the permittee; and/or

In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property.

Storage and transportation of dangerous fireworks to be used in a public fireworks display authorized by a valid public fireworks display permit issued pursuant to these regulations may be in a motor vehicle (typically a cargo truck) that must be in good mechanical condition, that can be locked and secured, is properly placarded to USDOT standards, has no less than two (2) 4A-80BC rated fire extinguishers immediately available for use if needed.

IFC Section 5704.2.9.6.1 shall be amended to read as follows:

5704.2.9.6.1 Locations where above-ground tanks are prohibited. No flammable or combustible liquids or gas shall be stored in aboveground tanks which exceed five hundred (500) gallons capacity, except in the HC, IL, IP and IH zones in accordance with Nampa City Code 10-1-9.

IFC Section 5706.2.4.4 shall be amended to read as follows:

5706.2.4.4 Locations where above-ground tanks are prohibited. No flammable or combustible liquids or gas shall be stored in aboveground tanks which exceed five hundred (500) gallons capacity, except in the HC, IL, IP and IH zones in accordance with Nampa City Code 10-1-9.

IFC Section 5806.2 shall be amended to read as follows:

5806.2 Limitations. No storage flammable cryogenic fluids in stationary containers is allowed except by Conditional Use Permit in Heavy Industrial, Light Industrial and Industrial Park in accordance with Nampa City Code 10-20-3.

IFC Section 6104.2 shall be amended to read as follows:

6104.2 Maximum capacity within established limits. No storage of liquified petroleum gas in stationary containers is allowed except by Conditional Use Permit in Heavy Industrial, Light Industrial and Industrial Park in accordance with Nampa City Code 10-20-3.

IFC Appendix L shall be amended to add Sections L101.2—L101.5 to read as follows:

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 above grade.

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

Building is 500,000 square feet or more in size on a single level.

L101.3 Location of FARS. In buildings in which a FARS is required, each stairwell shall have a supply riser, and SCBA fill stations 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. In all buildings in which FARS is installed, a minimum of one (1) external fill station will be required for supplementing the air supply of 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 plan.

L101.4 FARS Plan Review. Prior to construction, plans and specifications showing the location of all FARS shall be submitted to the fire department or their designee for 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.

L101.5 FARS Specifications. 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 FARS Air Supply Specifications. All FARS shall have an on-site cascade system capable of refilling fifty (50) air bottles and shall provide an external ground level connection for an air supply trailer, as determined by the Fire Department plans examiner.

(Ord. No. 4638, § 2, 12-20-2021)

The city may collect fees that are established by the Nampa Fire Protection District and pass through said fees to the District pursuant cooperative agreement between the city and district for the following services:

Inspections:

Certificate of occupancy.

Daycare inspections.

Final inspection fee (beyond one hour).

Inspections outside workday.

Inspections required by outside agency.

Re-inspections.

Miscellaneous:

Beer and wine facility inspections.

Burn permits.

Business license permit.

Plan review:

Fire alarm system plan review fee.

Fire Code plan review.

Fire sprinkler system plan review fee (includes overhead pressure test and rough in for cover inspection).

Flammable finishes fire suppression system plan review fee.

Inspection of commercial hood fire suppression systems.

Planning and zoning:

Annexations and zoning applications.

Conditional use permits.

Final plat.

Planned unit development.

Preliminary plat (per each lot).

(Ord. 3762, 12-17-2007; Ord. No. 4638, § 3, 12-20-2021)

All certified contractors providing services, testing, installations, repair and maintenance of fire prevention systems to commercial facilities within the city are required to enroll and utilize the city approved single-point repository service company (the "SRSC") for reporting the rendered service information. This reporting information must be filed with the SRSC within five working days of the completion of services to the commercial facility.

The SRSC shall be a third-party records repository which shall organize, maintain and monitor the received records, providing information to the city and the commercial facility pertaining to the records status and timely notifications on required inspection timetables. Fees for this provided service shall be paid directly from the certified contractors to the city approved SRSC.

In addition, a copy of the record of each periodic inspection, test, servicing, repairs and maintenance shall be maintained on the commercial facilities premises, or other approved location, for a period of not less than three years, unless a different period of time is specified in the International Fire Code (IFC) or other appropriate standard. Records shall be made available to the fire official, and if requested, a copy provided.

As of March 2, 2020, the single-point repository service company is Life Safety Inspection Vault, LLC, known, generally, as LIV.

(Ord. 4491, 2-18-2020)

Sections:

The 2018 International Existing Building Code (IEBC), together with any amendments or revisions to the IEBC by the Idaho Building Code Board through the negotiated rulemaking process, is hereby adopted as part of this City Code.

(Ord. 4353, 12-4-2017, eff. 1-1-2018; Amd. Ord. 4539, 11-16-2020)

Sections:

Statutory authorization. The Legislature of the State of Idaho in Idaho Code sections 46-1020, 46-1023 and 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. Therefore, the city council of the City of Nampa, Idaho, does ordain as follows:

Findings of fact.

The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, 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 caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.

Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, reduce the annual cost of flood insurance, 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 potential buyers are notified that property is in an area of special flood hazard; and

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

Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

Restricting or prohibiting development which is dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that development vulnerable to floods be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

Controlling filling, grading, dredging and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase hazards in other areas.

(Ord. 3964, 4-18-2011; Ord. No. 4618, § 1, 10-18-2021)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:

Accessory structures: A building or structure incidental and subordinate to the principal building(s) located on the same property, such as detached two car garages, boathouses, small pole barns, storage sheds, and storage tanks.

Appeal: A request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding: Designated as AO or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations.

Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Also known as the "special flood hazard area", "floodplain" or the "regulatory floodplain".

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood" or the "regulatory 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 FIRM to the nearest foot and in the FIS to the nearest one-tenth of a foot.

Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

Critical facility: A facility that is critical for the health and welfare of the population and is especially important following hazard events. Critical facilities include essential facilities, transportation systems, lifeline utility systems, high potential loss facilities and hazardous materials facilities.

Development: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term "development" does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations.

Digital FIRM (DFIRM): The digital flood insurance rate map depicts flood risk and zones and flood risk information. The DFIRM presents the flood risk information in a format suitable for electronic mapping applications.

Elevated building: For insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Elevation certificate: The official form (FEMA form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with section B completed by community officials.

Existing manufactured home park or subdivision: A manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of street) were completed before September 4, 1984.

Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities servicing lots on which the manufactured homes are to be affixed (including installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

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;

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 1.B. of this definition and 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.

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 1.A. of this definition.

Flood fringe: The portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.

Flood insurance rate map (FIRM): The official map on which the federal insurance administrator has delineated both the areas of special flood hazards and/or risk premium zones applicable to the community

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. (AKA flood elevation study).

Floodplain: Any land area susceptible to being inundated by water from any source (see definition of "flooding").

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 flood plain management regulations.

Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance, and erosion control ordinance), and other applications 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 non-structural 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 flood protection elevation is the elevation that corresponds to the elevation of the one percent (1%) chance annual flood (base flood), plus any increase in flood elevation due to floodway encroachment. Therefore the flood protection elevation for the city is equal to the BFE plus allowed floodway elevation or BFE plus one foot.

Floodplain: The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe.

Floodway (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 a designated height.

Highest adjacent grade (HAG): the highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the FEMA Elevation Certificate for HAG related to building elevation information.

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.

Increased cost of compliance (ICC): A flood insurance claim payment up to $30,000.00 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial change". (More information can be found in FEMA ICC manual 301.)

Lowest floor: The lowest floor of the lowest enclosed area (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 building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements found at subsection 4-9-5.B.1.b of this chapter (i.e., provided there are adequate flood ventilation openings).

Manufactured home: A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when connected 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 or more manufactured home lots for rent or sale.

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 FIRM 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.

New manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 4, 1984.

Recreational vehicle: A vehicle: a) built on a single chassis; b) 400 square feet or less when measured at the largest horizontal projection; c) designated to be self-propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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 foot.

Repetitive loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before damage occurred.

Start of construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement or 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 the excavation for a basement, footing, piers, or foundation 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 aboveground 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 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 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The market value of the structure should be: a) the appraised value of the structure prior to the initial repair or improvement, or b) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual amount of the repair work performed. The term does not include either:

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

Alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a 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 flood plain management regulations. A structure or other development without the finished construction elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water dependent: A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. 3964, 4-18-2011; Ord. No. 4618, § 2, 10-18-2021)

Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Nampa, Idaho. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by title 10 of this Code.

Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the federal insurance administrator in a scientific and engineering report titled "Flood Insurance Study (FIS) for Canyon County, Idaho and Incorporated Areas" dated June 7, 2019, with accompanying flood insurance rate maps (FIRM), or digital flood insurance rate maps (DFIRM), and other supporting data are adopted by reference and declared a part of this ordinance. The FIS and the FIRM are on file at the office of the City of Nampa, City Engineer, at 500 12 ^th Avenue South, Nampa Idaho 83651.

Establishment of floodplain development permit. A floodplain development permit shall be required prior to development activities in special flood hazard areas established in subsection B of this section.

Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations 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. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $300.00 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. 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.

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. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards 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. 3964, 4-18-2011; Ord. No. 4618, § 3, 10-18-2021)

Application for development permit. Application for a development permit shall be made on forms furnished by the city engineer, or his/her authorized designee and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. The application shall be accompanied with a filing fee that is and shall be established by council resolution. Specifically, the following information is required:

Application stage.

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with section B completed by the local official;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 4-9-5.B.2 of this chapter;

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Construction stage.

For all new construction and substantial improvements, the permit holder shall provide to the floodplain administrator an as built certification of the floor elevation or floodproofing level, using appropriate FEMA elevation or floodproofing certificate, immediately after the lowest floor or floodproofing is completed. When floodproofing is utilized for nonresidential structures, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the same.

Certificate deficiencies identified by the floodplain administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the floodplain administrator to issue a stop work order for the project.

Expiration of floodplain development permit.

All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and thereafter is pursued to completion.

Designation of the local administrator. The city engineer, or his/her authorized designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

Duties and responsibilities of the local administrator. Duties of the city engineer, or his/her authorized designee shall include, but not be limited to:

Permit review.

Review of all development permits to determine that the permit requirements of this chapter have been satisfied.

Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 4-9-5.D of this chapter are met.

Use of other base flood data (in A zones). When base flood elevation data has not been provided (in A zones) in accordance with subsection 4-9-3.B, "Basis for establishing areas of special flood hazard", of this chapter, the city engineer, or his/her authorized designee 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 subsections 4-9-5.B, "Specific Standards", and D, "Floodways", of this chapter.

Information to be obtained and maintained.

Where base flood elevation data is provided through the flood insurance study (FIS), or required as in subsection C.2 of this section, obtain and record the actual (as built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. Recorded on a current elevation certificate (FF 81-31) with section B completed by the local official.

For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection C.2 of this section:

(1)

Obtain and record the elevation (in relation to mean sea level), to which the structure was floodproofed; and

(2)

Maintain the floodproofing certifications required in subsection A.2.a of this section.

Maintain for public inspection all records pertaining to the provisions of this chapter.

Alteration of watercourses.

Notify adjacent communities and the Idaho Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the National Flood Insurance Program (44 CFR 59-67).

Appeals and variance procedure.

Hearing and decision. The city council as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

Appeals. 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 city engineer, or his/her authorized designee in the enforcement or administration of this chapter.

Appeal to district court. Those aggrieved by the decision of the city council, or any taxpayer, may appeal such decision to the district court, as provided by state law.

City council considerations. 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:

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

The danger to life and property due to flooding or erosion damage;

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

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

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

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

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

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

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

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;

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.

Conditions attached. Upon consideration of the factors of subsection D.4 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 purposes of this chapter.

Records maintained. The city engineer, or his/her authorized designee shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon receipt.

Conditions for variances.

Generally, the condition under which a variance from the elevation standard may be issued for new construction and substantial improvements is limited to lot size less than one-half acre and contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

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

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection D.4 of this section, or conflict with existing local laws or chapters.

Variances interpreted. 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. As such, variances from the flood elevations should be quite rare.

Nonresidential buildings. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection D.7.a of this section, and otherwise complies with subsections 4-9-5.A.1, 4-9-5.A.3 and 4-9-5.A.4 of this chapter.

10.

Written notice. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that i) the issuance of the variance to construct a structure with a lowest floor elevation below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for every $100.00 of insurance coverage and ii) such construction below the base flood level increases risks to life and property.

(Ord. 3964, 4-18-2011; Ord. No. 4618, § 4, 10-18-2021)

General standards. In all areas of special flood hazards, the following standards are required:

Anchoring.

All new construction and substantial improvements, including accessory structures and storage tanks, shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

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 frame ties to ground anchors.

AH and AO zone drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

Construction materials and methods.

All new construction and substantial improvements of an existing structure, including a structure that has been substantially damaged, shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements of an existing structure, including a structure that has been substantially damaged, shall be constructed using methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during flooding.

Utilities.

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

Water wells shall be located on high ground that is not in the floodway;

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

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

Subdivision proposals and manufactured home parks.

All development proposals, including subdivisions and manufactured home parks, shall be consistent with the need to minimize flood damage and shall be reasonably safe from flooding;

All development proposals, including subdivisions and manufactured home parks, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage;

All development proposals, including subdivisions and manufactured home parks, shall have adequate drainage provided to reduce exposure to flood damage;

Base flood elevation data shall be generated and/or provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than 50 lots or five acres whichever is less.

Review of building permits. Where elevation data is not available either through the flood insurance study (FIS), or from another authoritative source (subsection 4-9-4.C.2 of this chapter), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.

Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection 4-9-3.B, "Basis for establishing areas of special flood hazard", or 4-9-4.C.2, "Use of other base flood data (in A zones)", of this chapter. Additional standards have been clarified in FEMA technical bulletin 11-01 to allow crawl space construction for buildings located in the special flood hazard areas. The following provisions are required:

Residential construction.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the flood protection elevation (FPE).

Fully enclosed areas below the lowest floor that are usable solely for parking, access or storage and that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1)

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2)

The bottom of all openings shall be no higher than one foot above the higher of the exterior or interior grade or floor immediately below the opening.

(3)

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without manual intervention.

(4)

For crawl space foundation types, construction must follow the guidelines in FEMA TB 11-01, crawl space construction for structures located in special flood hazard areas: national flood insurance program interim guidance, specifically:

(A)

Below grade, crawl spaces are prohibited at sites where the velocity of floodwaters exceeds five feet per second.

(B)

All building utility systems within the crawl space shall be elevated above the base flood elevation or be designed so that floodwaters cannot enter or accumulate within the system component during flooding.

(C)

The interior of a crawl space below the base flood elevation must not be more than two feet below the lowest adjacent exterior grade (LAG) and the height of the below grade crawl space, measured from the interior grade of the crawl space to the bottom of the floor joist must not exceed four feet at any point.

(D)

Must have adequate flood openings installed as described in subsection 4-9-5.B.1.b.

(E)

Below-grade crawl-spaces constructed in accordance with the requirements listed in this subsection shall not be considered basements. However, applicant s who construct buildings that have below grade crawl spaces are hereby advised that such buildings will have higher flood insurance premium s than buildings that have crawl-spaces with interior elevations at or above the lowest adjacent grade.

(F)

An adequate drainage system shall be provided that removes floodwaters from the interior area of the below- grade crawl-space.

(5)

Enclosed areas below BFE may be used solely for vehicle parking, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area.

Accessory structures shall have the lowest floor including basement, elevated one foot or more above the base flood elevation (BFE) or be constructed to nonresidential standards.

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the flood protection elevation (FPE); or, together with attendant utility and sanitary facilities, shall:

Be floodproofed so that below the flood protection elevation (FPE) the structure is watertight with walls substantially impermeable to the passage of water.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in subsection 4-9-4.C.3.b of this chapter.

Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection B.1 of this section.

Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

Manufactured homes. All manufactured homes in the area of special flood hazard to be placed or substantially improved shall be elevated on a permanent foundation or piers such that the lowest floor of the manufactured home is elevated to the flood protection elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Manufactured homes placed on solid perimeter walls shall meet the flood vent requirements in subsection B.1 of this section.

Recreational vehicles. Recreational vehicles placed on sites are required to either: a) be on the site for fewer than 180 consecutive days; or b) be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or c) meet the requirements of subsection B.3 of this section and the elevation and anchoring requirements for manufactured homes.

Minimum health and safety standards. Any alteration, repair, reconstruction or improvement to a structure that is not compliant with the provisions of this chapter, shall be undertaken only if the nonconformity is minimal in order to meet health and safety standards.

AE Zones with base flood elevations but no floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within AE zones on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

Floodways. Located within areas of special flood hazard established in subsection 4-9-3.B of this chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvements and other development unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If subsection D.1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

The administrator may make determinations to allow minor projects, such as projects that do not increase the natural grade (e.g., paving a driveway or parking lot at existing grade, open fences and small isolated obstructions such as a mailbox or telephone pole).

Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.

Alteration of a watercourse. A watercourse is considered altered when any change occurs within its banks. Prior to the issuance of a floodplain development permit for alteration of a watercourse the applicant must:

Submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development and submit certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

Notify adjacent communities, the U.S. army corps of engineers and the Idaho Department of Water Resources Stream Channel Alteration Program. Evidence of notification must be submitted to the floodplain administrator and to the federal emergency management agency.

Meet the requirements to submit technical data in subsection G of this section when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

Requirement to submit new technical data.

For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries.

Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area.

Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts.

Subdivisions or large scale development proposals requiring establishment of base flood elevations according to subsection A.5.d of this section.

It is the responsibility for the applicant to have technical data prepared in a format required for a conditional letter of map revision or letter of map revision and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

(Ord. 3964, 4-18-2011; Ord. No. 4618, § 5, 10-18-2021)

Sections:

To protect air quality resources vital to the public health, safety and economic future of the City of Nampa, by controlling emissions from solid fuel and refuse burning.

(Ord. 3762, 12-17-2007)

It shall be unlawful for any person in the city to install solid fuel heating equipment in any new or existing structure until procuring from the building department a mechanical permit, and completing the required approval and inspection process prior to operation.

It shall be unlawful on or after January 1, 2008, for any person in the city to: advertise for sale, offer to sell, or sell, for installation in any new or existing building, solid fuel heating equipment which does not meet the following solid fuel burning equipment standards:

An air to fuel averaging of less than 35 to one (35:1);

A firebox volume of less than 20 cubic feet, a maximum;

Maximum burn rate of less than five kg/hr; and

Maximum weight of less than 800 kg.

Explicitly excluded are furnaces, boilers, cook stoves and open fireplaces.

(Ord. 3762, 12-17-2007)

The building official may grant an exemption to the solid fuel burning equipment standards provided in subsection 4-10-2.B of this chapter, if the solid fuel burning equipment is the sole source of heat or whenever compliance with the standards presents an economic hardship. Anyone denied an exemption as provided herein may appeal the building official's decision to the Nampa Building Code Appeals and Advisory Board.

(Ord. 3762, 12-17-2007)

Sections:

The "2018 International Property Maintenance Code," including Appendix A, is hereby adopted as the Property Maintenance Code of the City of Nampa, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the City of Nampa, with the following additions or amendments.

(Ord. 4460, 8-19-2019)

IPMC Section 101.1, "Title," is amended to read as follows:

101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Nampa, Idaho, hereinafter referred to as "this code."

IPMC Section 103.5, "Fees," is amended to read as follows:

The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be established by resolution of the City of Nampa. IPMC Section 111, "Means of Appeal," is amended to read as follows:

111.1 Application for Appeal.

Any person directly affected by the decision of the code official or a notice or order issued under this code shall have a right to appeal to the board of appeals, provided that the written application for appeal is filed as set forth in the decision, notice, or order. An application for appeal shall be based on the claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of the code do not fully apply.

IPMC Section 111.2, "Membership of board" is deleted in its entirety and replaced with the following:

The Building and Fire Board of Appeals shall hear all appeals related to enforcement of the IPMC as set forth in 4-2-5: BUILDING AND FIRE CODE ADVISORY AND APPEALS BOARD:

IPMC Section 111.2.1, "Alternate Members" is deleted and repealed in its entirety.

IPMC Section 111.2.2, "Chairman" is deleted and repealed in its entirety.

IPMC Section 111.2.3, "Disqualifications of Member" is deleted and repealed in its entirety.

IPMC Section 111.2.4, "Secretary" is deleted and repealed in its entirety.

IPMC Section 111.2.1, "Compensation of members" is deleted and repealed in its entirety.

IPMC Section 112.4, "Failure to comply" is amended to read as follows:

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this ordinance, and subject to the penalties set forth in Section 04-01-05 of the Nampa City Code.

IPMC Section 302.4, "Weeds" is deleted and repealed in its entirety.

IPMC Section 302.8, "Motor Vehicles" is deleted and repealed in its entirety.

IPMC Section 304.3, "Premises identification" is deleted and repealed in its entirety.

IPMC Section 304.14, "Insect Screens" is deleted and repealed in its entirety.

IPMC Section 308, "Rubbish and Garbage" is deleted and repealed in its entirety.

IPMC Section 404.4, "Bedroom and Living Room Requirements" is amended to read as follows:

404.4 Bedroom and Living Room Requirements. Every bedroom and living room shall comply with the requirements of sections 404.4.1 404.4.2, 404.4.4 and 404.4.5.

IPMC Section 404.4.3, "Water closet accessibility" is deleted and repealed in its entirety.

IPMC Section 502.4.1, "Drinking facilities" is amended to read as follows:

502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain per chapter 29 of the International Building Code. Drinking facilities shall not be located in toilet rooms or bathrooms.

Water coolers, bottled water coolers or disposable cups next to a water dispenser may be substituted for drinking fountains where the owner can show hardship and are approved at the discretion of the Building Official.

IPMC Section 505.4, "Water heating facilities" is amended to read as follows:

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, shower and laundry facility at a temperature not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless installation meets all applicable requirements of the International Mechanical Code, International Fuel Gas Code, International Residential Code or International Building Code. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

IPMC Section 602.3, "Heat Supply" is amended to read as follows:

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

IPMC Section 602.4 "Occupiable Work Spaces" is amended to read as follows:

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

Processing, storage and operation areas that require cooling or special temperature conditions.

Areas in which persons are primarily engaged in vigorous physical activities.

IPMC Section 702.3 "Locked Doors" is amended to read as follows:

702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted in the International Building Code or International Fire Code.

IPMC Section 704, "Fire Protection Systems" is repealed and regulated under the International Fire Code and International Building Code.

(Ord. 4460, 8-19-2019)

All references in the International Property Maintenance Code to the department of property maintenance inspection shall be deemed to refer to the Department of Building Safety of the City of Nampa. The Building Official of the City of Nampa is hereby designated as the Executive Official in charge, also referred to in the code as the Code Official and is hereby authorized and directed to enforce all the provisions of this Code.

(Ord. 4460, 8-19-2019)

Whenever the enforcement of any provision of chapter 11 of this Code, or of any other local, state or federal law, requires that a building or structure be secured from entry, said building or structure shall be secured from entry in accordance with and pursuant to the procedures set forth in the most recently published edition of the pamphlet entitled "Board Up Procedures," issued by the U.S. Fire Administration, a division of the U.S. Department of Homeland Security's Federal Emergency Management Agency.

(Ord. 4460, 8-19-2019)

Sections:

Owner or owners: Means person or persons, company, corporation, authority, commission, board, governmental entity, institution, lessee, or any other entity that holds title to the subject vacant building.

Person: As used in this chapter means an individual or any public or private entity.

Vacant building(s): As used herein means a building or buildings that are: (A) more than 50 percent unoccupied and is not actively used as a place of residence or business; or (B) is frequently open or unsecured so that unauthorized admittance may be gained without damaging any portion of the property. Vacant buildings include buildings that have fully or partially collapsed, burned or otherwise been damaged; or (C) historic buildings located in the downtown historic sub-district that are more than 50 percent unoccupied based on current occupiable space, not including existing unimproved basements and second stories. At the discretion of the building official, a portion of a vacant building may be occupied if the occupied portion meets the standards specified in title 4 — building regulations of this Code and the vacant and closed portion complies with the minimum maintenance standards for vacant buildings specified in this chapter.

Vacant commercial building: Is a vacant building that is in a commercial or industrial zone or that is or has been used for commercial uses or purposes as defined in the adopted International Building Code (IBC).

(Ord. No. 4689, § 1, 10-3-2022; Ord. No. 4704, § 1, 1-17-2023)

Any vacant building that is not maintained in compliance with the minimum standards for vacant buildings imposed by this chapter is deemed and hereby declared to be a public nuisance, which the building official is authorized to abate in accordance with the provisions provided for by applicable law. Such abatement may include, without limitation, securing the building against unauthorized third-party entry as may be necessary in the interests of the health, safety and welfare of the public. In the event that the city secures the building, all costs incurred may be assessed against the owner(s) of the property pursuant to applicable law.

(Ord. No. 4689, § 1, 10-3-2022)

A vacant building registration permit with an annual fee is required for all vacant buildings within the city. Annual fees shall be assessed per the building safety fee schedule as approved and adopted by city council.

Applicable building permits are required for all work performed on vacant buildings per title 4; chapters 1 through 11 of the Code.

The owner(s) shall register with the city not later than 30 days after any building in the city becomes a vacant building, as defined in this subchapter.

The registration shall be submitted on forms provided by the city. The forms shall include a plan for the continued care, upkeep and/or cleanup of the property acceptable to the city and a timetable for returning the building to appropriate occupancy or use and/or for demolition of the vacant building and other information deemed necessary by the city.

All applicable laws and codes shall be complied with by the owner(s). The owner(s) shall notify the city of any changes in information previously supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the city.

The owner(s)and any subsequent owner(s) shall keep the vacant building secured and safe and the vacant building and grounds properly maintained until the necessary rehabilitation or demolition has been completed. The vacant building shall not be used for storage unless the building meets applicable building and zoning codes.

Any new owner(s) shall register or re-register the vacant building with the city within 30 days of any transfer of a vacant building ownership interest in a vacant building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous vacant building vacant building owner(s) until any proposed changes are submitted and meet the approval of the city.

(Ord. No. 4689, § 1, 10-3-2022)

The owner(s) of a vacant building shall pay an annual fee per the following fee schedule:

Residential:

Single-family residences .....$504.00

Commercial, multi-family and downtown historic commercial:

Building or tenant spaces up to 10,000 square feet .....$720.00

Building or tenant spaces over 10,000 square feet .....$1008.00

The first annual fee shall be paid not later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of being due, the owner(s) shall be in violation of this subchapter.

The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.

Revenues collected from vacant property/building registration fees shall be placed in the development services fund.

(Ord. No. 4689, § 1, 10-3-2022)

The following are exemptions to the requirement to actively market a vacant commercial building under section 4-12-09. Any owner(s) of a vacant commercial building that qualifies for an exemption shall not be in violation of section 4-12-09.C for the time the exemption applies. The following are exemptions to the requirement of section 4-12-09.C:

The vacant commercial building is under active construction or renovation and the necessary building permit(s) have been received by the owner(s) of a vacant building, and the construction is in compliance with the applicable building code.

The vacant commercial building has suffered fire or extreme weather damage and the owner is actively pursuing repair or demolition of the building.

A request for any other basis for an exemption due to hardship may be submitted to the building official consideration. Any such exemption that is to be granted must be in writing and may be granted for no more than six months after which the owner(s) must submit another request. Granting a hardship exemption does not establish a precedent for or guarantee of a subsequent exemption.

Any request for exemption shall include the following information supplied by the vacant building owner(s):

A description of the premises;

The names and addresses of the owner(s) of the vacant building; and

A statement of intent to repair and reoccupy the vacant commercial building in an expedient manner.

A restoration agreement (if applicable). A restoration agreement (RA) is a written agreement between the city and the owner(s) of a vacant commercial building that is in need of demolition, repair or reconstruction. It provides the owner(s) and the city with clear timeframes, work orders, and cost estimates for the complete rehabilitation of the applicable property. It provides the financial penalties associated with failure to adhere to the specifications included in the agreement. The city may require bonding or other adequate financial assurances in the amount of up to one and one-half times the value or the necessary demolition, repairs or construction. By signing the agreement, the owner(s) agree to complete the work and accept all conditions, including the penalties and forfeiture of any required deposits or escrows.

(Ord. No. 4689, § 1, 10-3-2022)

Upon presentation of proper city credentials or identification to the owner(s) or occupant of any vacant building, and with the consent of the owner(s) or occupant, the building code official, fire code official, or designated representatives may enter at a reasonable time any vacant building, structure, or premises in the city to perform any duty provided for under this chapter. The building official or the building official's representative may also simultaneously conduct inspections of buildings in the manner provided for by law, including as set forth in the International Fire Code, International Building Code, or other applicable provision of this Code. In any case where entry is denied by the vacant building vacant building owner(s) or occupant, the building official or the building official's representative shall not enter without a warrant or other appropriate judicial authorization first having been obtained after reasonable grounds have been shown that a condition exists on the premises that is dangerous or presents a hazard to health or safety, or that the inspection sought is a part of a comprehensive program to have all buildings in the city comply with minimum standards as prescribed by this chapter, or other sufficient grounds under the circumstances then existing.

Every vacant building shall conform to the standards of this chapter and the Adopted International Property Maintenance Code (IMPC). Each and every owner of a vacant building shall cause his or her property to be inspected not less frequently than annually by a duly licensed and capable private inspector, licensed architect, or licensed engineer, who shall, within 30 days after said inspection, submit a written inspection report to the building official verifying that the building is in compliance with this chapter. In the event a vacant building does not conform to these standards, or no such report is timely submitted, the building official may order the owner(s) to provide inspection report(s) for the property and present satisfactory evidence of compliance with these standards in the form of an inspection report created by a duly licensed and capable private inspector, engineer, or other consultant, verifying that the building is in compliance herewith. The building official or the building official's representative may require expertise of other governmental or private inspectors or agencies, as necessary, to ensure compliance with the following standards:

Sanitary facilities:

All plumbing fixtures connected to an approved water system, sewage system, or natural gas utility system shall be installed in accordance with applicable codes and ordinances and maintained in sound condition and good repair.

All plumbing fixtures connected to an approved water system, sewage system, or natural gas system not installed or maintained in accordance with applicable codes and ordinances shall be removed and the service terminated, and the pipes capped in the manner prescribed by applicable codes and ordinances.

Electrical system:

Every existing outlet and fixture shall be properly connected and wiring, and service lines shall be installed and maintained in accordance with applicable codes and ordinances.

Outlets and fixtures not installed or maintained in accordance with applicable codes and ordinances shall be removed and the services terminated in the manner prescribed by applicable codes and ordinances.

Safety from fire:

No vacant building or premises on which a vacant building is located shall contain any space used for the storage of flammable liquids or any other materials that could constitute a safety or fire hazard.

Heating facilities or heating equipment in vacant building(s) shall be removed or maintained in accordance with applicable codes and ordinances and any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances.

All vacant buildings shall be properly weather protected to prevent deterioration of the exterior and interior of the building. This weather protection shall be approved by the building official and shall include all roof and wall assemblies.

All vacant buildings shall be closed to unauthorized entry according to the following standards:

All windows or similar openings shall be protected by intact glazing (glass). All windows or similar openings lacking intact glazing (glass), the sills of which are located ten feet or less above grade, stairway, landing, ramp, porch, roof, or other similarly accessible area, shall provide resistance to entry equivalent to or greater than that of a solid sheet of three-quarter inch plywood. Any such material used to protect windows or similar openings shall be painted or finished in a color matching the existing structure to protect it from weather deterioration, cut to completely cover the opening, and securely fastened by current FEMA boarding up procedures. The sheathing material and exterior finish material of boarded up openings shall meet the International Residential Code and/or International Building Code requirements.

Doors and service openings with thresholds located ten feet or less above grade, a stairway, landing, ramp, porch, roof or similarly accessible area, shall provide resistance to entry equivalent to or greater than that of a closed single panel solid core door one and three-quarters inches thick equipped with a half-inch throw deadbolt. Exterior doors, if openable, may be closed from the interior of the building by securing them to the doorframe using approved hardware.

There shall be one operable door into each building and into each housing unit. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half inch deadbolt or dead latch. All locks shall be kept locked. All doors shall be maintained as operable doors and shall conform to minimum building code standards. All doors shall be painted in a color matching the existing structure to protect it from weather deterioration and shall be equipped with a lock as described above.

All debris, combustible materials, hazardous or noxious vegetation, litter and garbage shall be removed from vacant buildings and the premises on which a vacant building is located and further accumulation of the same prevented. Further, each owner of any vacant building shall remove or destroy all dead grass, weeds, shrubs, bushes, trees or vegetation upon property containing the vacant building, and which is a fire hazard or a menace to public health, safety and welfare.

All vacant buildings shall have plainly visible house numbers or address numbers as required by the local fire code or other applicable law.

All vacant buildings with store front windows shall install a form of art or window dressing that is aesthetically pleasing and allows visibility for security of the building. Design proposals for these items must be submitted for approval to the planning and zoning department for approval by the city arts and historic preservation committee prior to installation.

The owner(s) shall refer to city sign ordinance for the removal of signs advertising previous businesses.

(Ord. No. 4689, § 1, 10-3-2022)

After a notice of violation, notice and order or emergency order is issued in accordance with any applicable code with respect to any vacant building, no one shall use, occupy, rent, or cause, suffer, or allow any person to use or occupy or rent said vacant building, unless a certificate of occupancy from the city department of building safety has been first obtained.

(Ord. No. 4689, § 1, 10-3-2022)

The building official or their designee are designated as a code enforcement officer for the city regarding the enforcement of the provisions of this chapter and are authorized to issue civil infractions in accordance with the procedures set forth in City Code title 1, chapter 1. When the building official or the building official's designee determines that a violation of this chapter has occurred or is occurring the building official or their designee may issue a notice of civil infraction to the owner(s) or occupant of the vacant building for said violation. Said infraction notice shall be in the form prescribed by chapter 1 of the International Property Maintenance Code and city Code title 1, chapter 1 . The notice of civil infraction shall be prosecuted and heard in the manner required by state law and as set forth in applicable provisions of this Code. A person is guilty of a separate offense for each day or any portion thereof in which a violation of any provision of this chapter is committed, continued, or permitted, and may be cited accordingly.

(Ord. No. 4689, § 1, 10-3-2022)

Violations: A person may be found guilty of any one or more of the following offenses under this chapter:

Failure to register a vacant building. An owner must register the vacant building within 30 days of their building becoming vacant. Registration is accomplished by completing and submitting the registration form provided by the building safety department. Failure to so register a vacant building within 14 days from the date of the issuance of written notice by the city to the vacant building owner(s) of the vacant building is a violation of this chapter and punishable under section 4-12-10. Each day that such violation shall continue shall be deemed a separate and distinct offense.

Failure to keep information accurate. The owner(s) of the vacant building must update their vacant building registration if the information required to be provided by the city on the registration form changes. Updated information shall be provided to the city on the required form within 14 days of any such changes. Failure to update a vacant building registration is a violation of this chapter and punishable under section 4-12-09. Each day that such violation shall continue shall be deemed a separate and distinct offense.

Failure to actively market a vacant commercial building/or lease or sale. An owner of a vacant commercial building that fails to actively market a vacant commercial building within one year of the building becoming vacant shall be in violation of this chapter and subject to the penalties provided in section 4-12-10.

Actively market: Means that the owner(s) have listed the building for sale or lease with a licensed real estate agent or broker and/or is actively seeking the sale or lease of the vacant building themselves by advertising the vacant building in multiple sources such as newspapers, real estate publications, periodicals or internet sites or platforms providing real estate sales or leasing information. Each day that such violation shall continue shall be deemed a separate and distinct offense.

Violation of any provisions of this chapter.

(Ord. No. 4689, § 1, 10-3-2022)

Any owner(s) who shall violate any provision of this chapter for the first time shall be subject to an infraction penalty of $300.00.

Any owner(s) who pleads guilty or is found guilty of a violation of the provisions of this chapter for a second time within one year shall be guilty of a misdemeanor, punishable by a fine up to $1,000.00 and by imprisonment up to 30 days, or by both such fine and imprisonment. The imposition of any penalty for any violation shall not excuse the violation or permit it to continue. Each day of violation shall constitute a separate offense.

(Ord. No. 4689, § 1, 10-3-2022)

Nothing herein shall be construed to limit any other remedy available to the city for noncompliance with applicable codes or other law, including, without limitation, civil action to otherwise enforce the provisions of this chapter, the power of condemnation or sale as defined in state code.

(Ord. No. 4689, § 1, 10-3-2022)

The provisions of this chapter are declared to be separate and severable, and the invalidity of any section, subsection, provision, clause, or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder or other provisions of this chapter or the validity of its application to other persons or circumstances.

(Ord. No. 4689, § 1, 10-3-2022)

Sections:

The purpose of this chapter is to establish health and safety standards for the licensing and inspection of public and commercial swimming pools within the City of Nampa ("city"), to ensure the protection of public health, safety, and welfare.

(Ord. No. 4880, § 1, 8-4-2025)

The city hereby authorizes Southwest District Health, or the current public health district established pursuant to IC § 39-408 to serve the jurisdiction of the city, to enforce the provisions of this chapter and further delegates all powers necessary thereto to carry out the requirements of this chapter in its the best exercise of judgment to fulfill the purpose of this chapter; provided, such delegated discretion shall remain subject to the ultimate discretion of the city.

(Ord. No. 4880, § 1, 8-4-2025)

All the rules, regulations, and ordinances of a general and permanent character relating and applying, without limitation, to regulation of the construction, maintenance, and/or operation of public pools and commercial pools, are printed and contained in Code book form designated and entitled:

The 2024 Model Aquatic Health Code (MAHC) with amendments, as adopted by the City.

Except as stated otherwise in this chapter, to the extent that there may exist any inconsistency between the requirements or standards set forth in the Nampa City Code and the requirements or standards set forth in any of the above-referenced codes, including such amendments or revisions as may be adopted by the city, the more restrictive requirement or standard shall apply.

(Ord. No. 4880, § 1, 8-4-2025)

For the purposes of this chapter, the following definitions shall apply, and any term used therein shall have the meaning to the extent is defined or set forth in the MAHC:

Commercial pool: Any pool, excepting private pools, whose use is in connection with or appurtenant to a business or commercial use or purpose including without limitation hotels, motels, and gyms, regardless of such use, or the purpose is private or public.

Private pool: Any pool which is constructed in connection with or appurtenant to single-family dwellings, condominiums, apartment homes, short-term rentals, or neighborhoods within a homeowner's association, and which is used solely by the persons maintaining their residence within such dwellings, condominiums, apartments, and neighborhoods and the guests of such persons.

Public pool: Any pool that is not a private pool as defined herein.

(Ord. No. 4880, § 1, 8-4-2025)

Public pools and commercial pools.

All public pools and commercial pools shall be open to inspection and water sample collection at any time they are in use, and at any other reasonable time, by agents of Southwest District Health or other designee.

Private pools.

Private pools are not subject to these rules.

(Ord. No. 4880, § 1, 8-4-2025)

Public pools and commercial pools shall comply with then-adopted version of the MAHC as set forth in this chapter.

(Ord. No. 4880, § 1, 8-4-2025)

Every person who violates any provision of this chapter shall be subject to closure of the violating pool, which may include without limitation the administrative license penalties of license denial, license revocation or license suspension, as set forth in this chapter and in title 1, chapter 1, article 8.

Southwest District Health shall issue a written notice of violation if the subject pool fails to meet inspection requirements and resolve the violation at the time of inspection or in a period of time otherwise specified by Southwest District Health or its designee by either of the following methods:

The Southwest District Health agent or designee mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address; or

The Southwest District Health or designee affixing the notice of the violation to the premises.

Violations must be corrected within ten business days of delivery of written notice unless otherwise specified by Southwest District Health or its designee in writing.

If the violation presents an immediate health or safety hazard, Southwest District Health or its designee may immediately order temporary pool closure until Southwest District Health determines the pool is compliant with the standards of this chapter and any other applicable laws or regulations.

(Ord. No. 4880, § 1, 8-4-2025)

Operators of public pools or commercial pools must obtain an annual pool operation permit, subject to inspection, from Southwest District Health, who shall ascribe a reasonable inspection permit fee. The fee shall be established by the local board of health in accordance with IC § 39-414.

The permit fee shall be established by the local board of health in accordance with IC § 39-414. The permit includes the cost of inspections, complaint investigations, and year-round consultation for pool operators.

Newly constructed public pools or commercial pools will incur a plan review fee prior to permitting. The fee shall be established by the local board of health in accordance with IC § 39-414.

No public pool or commercial pool may operate without a valid permit.

(Ord. No. 4880, § 1, 8-4-2025)

Any person aggrieved by a notice of violation or enforcement action may appeal in writing to Southwest District Health within 35 days from the receipt of an adverse order or notice of decision.

(Ord. No. 4880, § 1, 8-4-2025)

If any section or provision of this chapter is held invalid, the remainder shall not be affected and shall remain in full force and effect.

(Ord. No. 4880, § 1, 8-4-2025)

This chapter shall take effect and be in full force from and after its passage, approval, and publication as provided by law; provided, however, public pools and commercial pools that were not previously subject to regulation under Idaho laws, rules, and regulations, prior to July 1, 2025, but are now covered by standards in this chapter of Nampa City Code, will receive a courtesy facility plan review prior to September 30, 2025, and shall come into compliance with the current standards set forth in this chapter prior to January 1, 2026.

(Ord. No. 4880, § 1, 8-4-2025)

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CODE OF ORDINANCES CITY OF NAMPA, IDAHO SUPPLEMENT HISTORY TABLE TITLE 1 - GENERAL CODE PROVISIONS TITLE 2 - ADMINISTRATION, COMMISSIONS AN TITLE 3 - GENERAL SERVICES TITLE 4 - BUILDING REGULATIONS TITLE 5 - BUSINESS LICENSES TITLE 6 - POLICE REGULATIONS TITLE 7 - TRAFFIC REGULATIONS TITLE 8 - WATER AND SEWER REGULATIONS TITLE 9 - PUBLIC WAYS AND PROPERTY TITLE 10 - PLANNING AND ZONING CODE COMPARATIVE TABLE - LEGISLATION

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