2004.35 IN BOARD OF CITY COUNCIL…MAY 18, 2004
BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 18 Buildings and Building Regulations be amended as follows:
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*Cross references: Community development commission, § 2-231 et seq.; dances and dancehalls, § 6-26 et seq.; building inspection required before issuance of license for pawnbrokers, junk dealers, junk collectors, secondhand dealers, transient sellers of secondhand goods, § 22-112; fire districts established, § 38-1; land development code, pt. III.
State law references: Authority for city to regulate buildings, 30-A M.R.S.A. § 4101 et seq.
ARTICLE I. GENERAL
Secs. 18-1--18-21. Reserved.
Sec. 18-22. Notices and orders.
Notice to owner or to person or persons responsible. In order to maintain unilateral requirements in notifying property owners of violations observed or alleged, this section supersedes any other notice requirement listed in the City of Biddeford Revised Code of Ordinances or any supplemental code adopted by the city. Except as provided in Chapter 18, section 18-25, when an employee of the City of Biddeford determines that there has been a violation of the City of Biddeford Revised Code of Ordinances or any supplemental code adopted by the city or has grounds to believe that a violation has occurred or is occurring, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in section 18-23 and 18-24.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-23. Form.
Such notice prescribed in section 18-22 shall be in accordance with all of the following:
(1) Be in writing.
(2) Reference the real estate in question by using city tax map #, lot # and sub lot #, if applicable, and the most accurate street address according to the City of Biddeford Tax Assessor's records.
(3) Include a description of the violation or violations and the adopted code such violations are referenced from.
(4) Include a statement requiring the owner or violator to contact the code enforcement office within five business days to schedule a full inspection of the real estate referenced and to file a detailed time line of when repairs will be made and completed, to be approved by the code enforcement office.
(5) If a violation or violations create a substantial risk of serious bodily injury, then the owner or violator must be advised of this and informed that criminal charges may be referred over to the police department and the building may be posted unfit for occupancy. If a building is posted unfit for occupancy, the cost related to moving and housing tenants will be the sole responsibility of the property owner.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-24. Method of service.
Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) A copy sent by regular mail, to the property owner, at the last known address as maintained by the City of Biddeford Tax Assessor's Office; or
(3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure referenced in such notice.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-25. Notice and service by other means.
An employee of the City of Biddeford, whose purpose and duties are to enforce the laws of the State of Maine and the ordinances of the City of Biddeford, are not required to follow the provisions as outlined in Chapter 18, sections 18-23 and 18-24 provided:
(1) A summons is issued to the property owner or person or persons responsible for violating any code adopted by the City of Biddeford;
(2) The summons used is authorized and accepted by the District Court of the State of Maine;
(3) Service of the summons is made upon the violator by a person authorized under law to make such service;
(4) An attested or certified copy of the ordinance or ordinances so violated are attached to the original summons; and
(5) The completed summons is properly recorded in the District Court of the State of Maine having jurisdiction over the violation.
(Ord. No. 2002.10, 2-5-02)
ARTICLE II. BUILDINGS*
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*Editor's note: Ord. No. 2002.10, adopted Feb. 5, 2002, amended art. II of this chapter in its entirety. Prior to amendment, art. II, §§ 18-26, 18-36--18-47, 18-61--18-64, 18-76, 18-76.1, 18-77--18-83, 18-96, 18-106--18-108, 18-116, 18-120, pertained to buildings. See the Code Comparative Table.
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DIVISION 1. GENERALLY
Sec. 18-26--18-35. Reserved.
DIVISION 2. BUILDING INSPECTOR
Sec. 18-36. Nomination.
The code enforcement officer shall appoint, and the city manager shall confirm, a building inspector.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-37. Qualifications.
To be eligible for appointment to the office of building inspector, the candidate for the position shall meet the requirements of the approved job description.
(Ord. No. 2002.10, 2-5-02)
State law references: Duties, 25 M.R.S.A. §§ 2353, 2354.
Sec. 18-38. Records to be available for public inspection.
All records required by the code enforcement department shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the building official without his written consent.
(Ord. No. 2002.10, 2-5-02)
Secs. 18-39--18-41. Reserved.
Sec. 18-42. Accounting, disposition of funds.
All fees designated as payable to the building inspector by statute, charter or ordinance and received by him in his official capacity shall be accounted for by him and paid into the city treasury and credited to the general fund monthly.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-43. Monthly report to council; contents of report.
The building inspector shall prepare and present to the council at the regular monthly meeting a written report for the preceding month. Such report shall show all fees received by him in his official capacity as building inspector and the amounts he has paid thereon to the city treasury.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-44. Keeping reports on file.
The monthly reports required by section 18-46 shall be recorded and kept on file in the office of the building inspector for a period of three years following their presentation to the council and shall be available for public examination on demand.
(Ord. No. 2002.10, 2-5-02)
Secs. 18-45--18-60. Reserved.
DIVISION 3. PERMITS
Sec. 18-61. Permit fee schedule; expiration of permits.
(a) Fee required. A fee shall be charged for every permit issued by the building inspector, and no permit shall be issued until the fees prescribed in this section have been collected by the building inspector as follows:
EFFECTIVE JUNE 15, 2001
NEW BUILDING PERMIT FEE SCHEDULE
(1) Minimum fee . . . $ 25.00
(2) Construction permits, per thousand dollars of value (after S/F is calculated) . . . 8.00
(3) Re-inspection fee . . . 25.00
(4) Swimming pools:
Aboveground . . . 25.00
Inground . . . 50.00
(4) Demolition permit . . . 25.00
(5) Renewal permits, per thousand dollars of value prorated to remaining value of structure . . . 8.00
Minimum fee of . . . 25.00
(6) Certificate of occupancy (not related to building permit) . . . 25.00
(7) Letters to attorneys, realtors, brokers, etc. . . . 25.00
(8) Sign permits . . . 25.00
(9) Professional consultant review fees to be paid for by the applicant prior to issuance of permits.
(b) Belated permits. Permits applied for after work has been started (penalty), the amount of the fee shall be doubled.
(c) Refund of fees. No refund of building permit fees collected.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-62. Reserved.
Sec. 18-63. Issuance of occupancy permits subject to adequate access to premises.
(a) In reviewing applications for occupancy permits for new residential structures, the building inspector shall consider the adequacy of access to the subject premises; and should he have any uncertainties as to whether or not such access is adequate, he shall request an inspection by the city engineer and the director of public works jointly, who shall make a written report to the building inspector. If the report is affirmative, the building inspector may then issue the requested occupancy permit. If the report is negative, the building inspector may not issue the permit without further authorization by the city council.
(b) In making a determination as to the adequacy of access to any house lot, the inspector (building inspector, city engineer or director of public works) will consider the width, grades, condition of surface, drainage features, and any other condition which may result in future deterioration of the adequacy of access to the subject lot.
(Ord. No. 2002.10, 2-5-02)
State law references: Occupancy permit, 25 M.R.S.A. § 2357.
Sec. 18-64--18-75. Reserved.
DIVISION 4. STANDARDS
Sec. 18-76. Building code--Adopted.
There is hereby adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits, that certain building code known as the International Building Code 2000 2003, and International Residential Code 2003, of which not less than one copy is on file in the office of the city clerk. Such code is hereby adopted and incorporated as fully as if set out at length in this article. The provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the city.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-76.1. Same--Amendments.
The building code adopted in section 18-76 shall be amended as follows:
101.1 Insert City of Biddeford.
104.4.1 Delete and insert NFPA 70 (NEC).
101.4.4 Delete and insert State of Maine Internal Plumbing Rules and Maine Subsurface Wastewater Disposal Rules.
105.2 Delete.
105.2.2 Delete.
105.2.3 Delete.
105.5 Delete and insert City of Biddeford Ordinance Article VIII § 3 C.
107.3 Delete ICC Electrical Code and insert NFPA 70 NEC.
1009.2 Exception delete 5 square feet and insert 5.7 square feet.
Chapter 11 Delete in its entirety and insert 5 M.R.S.A. §§ 4551--4594f.
1612.3 Insert City of Biddeford and November 20,1990.
2111 Delete and insert NFPA 211.
2112 Delete and insert NFPA 211.
2113 Delete and insert NFPA 211.
Chapter 27 Delete and insert NFPA 70 NEC latest edition adopted by the State of Maine.
Chapter 29 Delete and insert State of Maine Internal Plumbing Rules and Maine Subsurface Wastewater Disposal Rules.
Chapter 30 Delete and insert Maine State Elevator Regulations Title 32 Chapter 133.
Chapter 32 Delete in its entirety.
3409.2 Insert January 1, 1985.
(1) .” Section 101.1, Title (page 1): insert “City of Biddeford
(2) Section 101.4.1, Electrical (page 1) delete “ICC Electrical Code” and insert “Electric Code as adopted by Chapter 18 Article III of the Code of the City of Biddeford.”
(3) Section 101.4.4, Plumbing (page 1) delete “International Plumbing Code” and insert “State of Maine Internal Plumbing Code, Chapter 238.”
(4) Section 105.1 Required (page 3) delete the words “gas, mechanical” without replacement.
(5) Section 105.1.1 Annual permit (page 3) delete entire section without replacement.
(6) Section 105.1.2 Annual permit records (page 3) delete entire section without replacement.
(7) Section 105.2 Work exempt from permit (page 3) delete the following items 1,2,4,5,8,9 under the heading “Building” without replacement Delete all items under the heading “Gas” and insert “No local permit required for Gas Installations.” Delete all items under the heading “Mechanical” and insert “No local permit required for Mechanical Installations.”
(8) Section 105.5, Expiration (page 4): delete entire section and replace as follows: “Time limitation of permits: A building permit issued under the provisions of this code shall become void if work has not commenced within six months of the date of approval and shall expire one year from the date of issue. A building permit may be renewed once for a one-year period upon submission of an application and payment of the prescribed fee. All codes, ordinances and statutes in effect at the time of the renewal application must be complied with before said permit is issued.”
(9) Section 107.3 Temporary power (page 6) delete “ICC Electrical Code” and insert “Electric Code as adopted by Chapter 18 Article III of the Code of the City of Biddeford.”
(10) Section 112.1, Board of Appeals, General (page 8): Insert “The Biddeford Zoning Board of Appeals shall serve as the Board of Appeals.” after the first sentence.
(11) Section 1025.2 Minimum size (page 223) delete exception without replacement.
(12) Section 1612.3 Establishment of flood hazard areas (page 300) insert “City of Biddeford” and “November 20,1990.”
(13) Section 1612.4 Design and construction (page 301) delete the period at the end of the section and insert “and Article XII of the Code of the City of Biddeford.”
(14) Section 2111 Masonry Fireplaces (page 427) delete entire section and insert “Masonry Fireplaces shall be constructed to the standards found in NFPA 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances, 2002 Edition.”
(15) Section 2112 Masonry Heaters (page 431) delete entire section and insert “Masonry Heaters shall be constructed to the standards found in NFPA 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances, 2002 Edition.”
(16) Section 2113 Masonry Chimneys (page 431) delete entire section and insert “Masonry chimneys shall be constructed to the standards found in NFPA 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances, 2002 Edition.”
(17) Section 2701.1 Scope (page 543) delete “ICC Electrical Code” and insert “Electric Code as adopted by Chapter 18 Article III of the Code of the City of Biddeford.”
(18) Section 2702.1 Installation (page 543) delete “ the ICC Electric Code” Insert NFPA 70 National Electrical Code (NEC)
(19) Sections 2702.2.8 Membrane structures, 2702.10 Highly toxic and toxic materials, 2702.11 Organic peroxides, 2702.12 Pyrophoric materials (page 543) delete International Fire Code” and insert “NFPA 1.”
(20) Section 2702.3 Maintenance (page 543) delete “ the International Fire Code” and insert “NFPA 110, Standard for Emergency and Standby Power.”
(21) Section 2801.1 Scope (page 545) delete “International Fuel Gas Code” and insert “NFPA 54 National Fuel Gas Code.”