Business Compliance Verification and Occupancy Analysis

In the State of Idaho, for municipalities that have adopted building codes, prior to opening the doors of your company, you will need to have a Certificate of Occupancy for your business posted at the location where you will be doing business.

Business Compliance Application

This application is utilized when there is only a change to ownership, or the name of the business and no operational changes will occur.

The Business Compliance process is also utilized when the structure is legally constructed for the proposed building occupancy as defined by the International Building Code as currently adopted for the State of Idaho, and there are no proposed modifications to the structure that would necessitate a building permit. Therefore, a building review is unnecessary, however, reviews for compliance with other codes are still necessary (zoning, fire, and environmental). To utilize this process, you must be able to demonstrate that the structure was constructed to the proposed occupancy.

If this pertains to you, please fill out the Business Compliance Verification Application.

Acceptable documentation to demonstrate that the structure was constructed to a given occupancy include:

A Certificate of Occupancy or Compliance noting the occupancy, or
Reviews from either the Fire Department or Building Official when it is clear that the building was finalized in accordance with the reviews, or
Plans that identify the occupancy when it is clear that the building was finalized in accordance with the plans; or
A form signed by the building plan review indicating that a building permit is not required.

Occupancy Analysis Application

Sometimes there is no documentation proving that the structure was reviewed and permitted as the occupancy that is requested. In this situation, a building reviewer must review the plans to ensure that it appears that the structure was built to standards to safely sustain the requested occupancy. In this situation you would utilize an Occupancy Analysis Application. This process may trigger required structural updates.

Required Reviews

Environmental * James Pavelek
Fire
Structural* IDOPL (for Occupancy Analysis only)
Zoning * Betty Gumm

For contact information see contact link

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Helpful Hints and FAQs

Know the requirements prior to signing a lease or purchasing a property. Each process, such as a conditional use permit, or building permit, will trigger different potential required improvements and associated timeframes.
The applications that seem to avoid unnecessary hang-ups tend to be those who employ a professional to guide their project.
Once you are ready to submit, try to provide all the information at one time. Each time that you submit separate documentation it resets the review cycle. The reviewers are reviewing many projects, and they review on a first in first out basis. Each review cycle can take 15 working days.
Make sure that all initial submittals and resubmittals are sent to building@gardencityidaho.org or directly to the Development Services Department office front window. Submittals to other staff or departments are not considered formal submittals. You may upload resubmittals directly to ProjectDox (if submitting for an occupancy analysis), but we request that you also submit them to building@gardencityidaho.org.
Reach out to the specific reviewer if you have any questions regarding their review comments.
There are many different reviewers and inspectors verifying code compliance for many different regulations. Just because one discipline indicates compliance, does not mean that it will conform with all disciplines.
We often are asked why an existing structure needs to go through the occupancy analysis. The State of Idaho adopts a new version of the International Building Code (IBC) every three years. Per State Statute, if any municipality adopts building codes, they must adopt those that the State adopts. The IBC requires that a structure be reviewed and updated for any change of occupancy. To review the building codes in place, please refer to the Ordinances and Statutes link.

How to Apply

Refer to the New or Changing Business link if you are unsure of which processes you need.
Make sure you have the appropriate entitlement permits in place such as a Conditional Use Permit if required.
Submit a complete application package to building@gardencityidaho.org or in person at the Development Services Department front window. PLEASE NOTE: We cannot accept incomplete applications or applications that refer to materials in other applications.
Your application will be processed as a first in first out basis. This can take a couple of days to receive an invoice.
Once you pay your invoice your application will be routed to the reviewers. If there are any questions regarding the reviewers' comments, please contact the reviewer directly.
Once the reviewers have completed their reviews, you may schedule any noted inspections. See inspections link for more information on how to schedule an inspection.
Once all of the required inspections have been passed, a Certificate of Occupancy or Certificate of Compliance (verifying a previous Certificate of Occupancy and compliance with certain regulations) will be issued.
Place the Certificate in a visible location on the subject premises.
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