Document Lewiston_doc_c87959553a

Lewiston Code Chapter 18 CH 18:1 Chapter 18 BUILDINGS AND BUILDING REGULATIONS* *Cross references: Fire prevention and protection, ch. 38; solid waste, ch. 62; streets and sidewalks, ch. 66; utilities, ch. 74; zoning and land use code, app. A. State law references: Regulation of construction and improvements, 30-A M.R.S.A. § 4101 et seq. Article I. In General Secs. 18-1--18-25. Reserved. Article II. Building Code Sec. 18-26. Adoption of building code. Sec. 18-27. Amendments to building code. Secs. 18-28--18-50. Reserved. Article III. Property Maintenance Code Sec. 18-51. Adoption of BOCA National Property Maintenance Code. Sec. 18-52. Amendments to the property maintenance code. Secs. 18-53--18-75. Reserved. Article IV. Plumbing Code Sec. 18-76. Definitions. Sec. 18-77. Compliance with state law. Sec. 18-78. Compliance with water division regulations. Sec. 18-79. Removal of contents of privies, cesspools or septic tanks. Sec. 18-80. House trap, when required. Sec. 18-81. Water tank heaters. Sec. 18-82. Special provisions for flood hazard areas. Sec. 18-83. Permit fees. Sec. 18-84. Master oil burner technicians. Secs. 18-85--18-105. Reserved. Article V. Electrical Code Division 1. Generally Sec. 18-106. Liability established. Sec. 18-107. Definitions. Secs. 18-108--18-120. Reserved. Division 2. Administration and Enforcement Sec. 18-121. Enforcement officer. Sec. 18-122. Entry for inspections. Sec. 18-123. Emergency orders. Sec. 18-124. Violation orders. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:2 Sec. 18-125. Appeals. Sec. 18-126. Stop work order. Sec. 18-127. Penalty for violation of article. Sec. 18-128. Relief from personal liability. Secs. 18-129--18-140. Reserved. Division 3. Permits and Inspections Sec. 18-141. Permit required; exceptions. Sec. 18-142. Application for permit. Sec. 18-143. Prerequisites to issuance of permit. Sec. 18-144. Fee required. Sec. 18-145. Three copies of permit issued; one required on the premises. Sec. 18-146. Installation limited to that described in application. Sec. 18-147. Transferability. Sec. 18-148. Suspension of permits. Sec. 18-149. Prerequisites for electrical installations. Sec. 18-150. Proof of licensure. Sec. 18-151. Installations without a permit. Sec. 18-152. Inspection of wiring before concealment; responsibility. Sec. 18-153. Application for inspection; examination of work. Sec. 18-154. Statement of defects. Sec. 18-155. Certificate of inspection required. Sec. 18-156. Schedule of fees for electrical permits. Secs. 18-157--18-170. Reserved. Division 4. Standards Sec. 18-171. Installations. Sec. 18-172. Aluminum wire. Sec. 18-173. Service entrance equipment; switches, conduit. Sec. 18-174. Fustat plugs or circuit breakers required. Sec. 18-175. Installation of rigid conduit. Sec. 18-176. Spring type backwired snap switches and receptacles. Sec. 18-177. Article 110-26(F)(1)(B) of the 1999 NEC--Foreign systems. Secs. 18-178--18-185. Reserved. Division 5. Poles and Wires Sec. 18-186. Supports required; owner's consent when buildings are used. Sec. 18-187. Safe carrying of wires required. Sec. 18-188. Disposition of scraps, unused coils, loose ends regulated. Secs. 18-189--18-199. Reserved. Article VI. Residential Code Sec. 18-200. Adoption of residential code. Sec. 18-201. Amendments to the residential code. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:3 ARTICLE I. IN GENERAL Secs. 18-1--18-25. Reserved. ARTICLE II. BUILDING CODE Sec. 18-26. Adoption of building code. There is hereby adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition and insurance coverage, use and occupancy, equipment, location and maintenance of building and structures, including permits and penalties, that certain building code known as the 2003 International Building Code, save and except such portions as are in this article deleted, modified or amended. No fewer than three copies of such code have been and now are filed in the office of the city clerk and such copies are hereby adopted and incorporated as fully as if set out at length in this article. (Ord. No. 92-15, § 7-1, 8-13-92; Ord. No. 05-01, 3-10-05) Sec. 18-27. Amendments to building code. The building code adopted in section 18-26 is amended and changed as follows: Chapter 1 is repealed in its entirety. Chapter 1 Administration, is enacted to read as follows: CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Building Code of the City of Lewiston, Maine, hereinafter referred to as "this code." 101.2 Scope. The provisions of the code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use, and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exceptions: 1. Detached one-and two-family dwellings and multiple single-family dwellings (town houses) not more than three stories above grade in height with a separate means of egress and their accessory structures shall comply with the International Residential Code. 101.2.1 Appendices. Provision in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:4 operations. 101.4 Referenced codes. The other codes listed in Section 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of the Chapter 18, Article V. ELECTRICAL CODE of the Code of Ordinances of the City of Lewiston shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. All references to the ICC Electrical Code are hereby deleted in favor of the applicable section(s) of the National Electrical Code as adopted. 101.4.2 Gas. The provisions of Chapter 38, Article II FIRE PREVENTION CODE of the aforementioned Code of Ordinances shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. All references to the International Gas Code are hereby deleted in favor of the applicable section(s) of the National Fire Codes as adopted. 101.4.3 Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/.or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4 Plumbing. The provisions of Chapter 18, Article IV. PLUMBING CODE of the aforementioned Code of Ordinances shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewerage system. The provisions of the Maine Subsurface Waste Water Disposal Rules shall apply to private sewage disposal systems. All references to the International Plumbing Code and International Private Sewage Disposal Code are hereby deleted in favor of the applicable section(s) of these regulations. 101.4.5 Property maintenance. The provisions of Chapter 18, Article III. PROPERTY MAINTENANCE CODE of the aforementioned Code of Ordinances shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. All references to the International Property Maintenance Code shall be deemed to reference the applicable section(s) of the currently adopted property maintenance code. 101.4.6 Fire prevention. The provisions of Chapter 38, Article II FIRE PREVENTION CODE of the aforementioned Code of Ordinances shall apply to matters affecting or related to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. All references to ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:5 the International Fire Code are hereby deleted in favor of the applicable section(s) of the National Fire Codes as adopted. 101.4.7 Energy. The provisions of the Maine Guide to Energy Efficient Construction: A Manual of Accepted Practice (third edition) shall apply to all habitable residential buildings and structures. The provisions of ASHRAE 90B shall be applicable to all occupiable nonresidential buildings and structures. All references to the International Energy Conservation Code are hereby deleted. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, shall be applicable. 102.2 Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state and federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to be prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts of the provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the currently adopted Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. SECTION 103 DEPARTMENT OF PLANNING AND CODE ENFORCEMENT 103.1 Building official. The department of planning and code enforcement is hereby charged with the administration and enforcement of this code. The director of planning and code enforcement and the building inspector, acting under the direction of the director of planning and code enforcement, shall be designated as the municipal building officials for the purpose of administration and enforcement of the code. 103.2 Qualifications of building official. To be eligible for appointment, the candidate for the position shall have had experience as an architect, structural engineer, building inspector, foreman or superintendent of building construction. He shall be in good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process, or device entering into or used in or in connection with building ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:6 construction, alteration, removal and demolition. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the director of code enforcement shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIALS 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the applications of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building officials shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of building and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices and orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall first make reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by the law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:7 104.8 Liability. The building official or other employee or appointee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. This section shall remain in effect regardless of the employment status of the building official or other employee or appointee charged with the enforcement of the code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code at that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Test. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified or by other recognized and accepted test standards. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:8 In the absence of recognized and accepted test methods, the building official shall approve the test procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permits. 105.2 Work exempt from permit. Exemptions from permit requirements for this code shall not be deemed to grant authorization for any work to be done in any manner in violations of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 1. Repairs, in accordance with Section 105.2.2. 2. Re roofing, where no structural repairs or improvements are involved. 3. Siding of existing buildings or structures, where no structural repairs or improvements are involved. 4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Prefabricated swimming pools, accessory to a Groups R-2 and R-3 occupancies, which have less than 36 inches (915 mm) of water depth capacity and are installed entirely above ground. 7. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 8. Swings and other playground equipment accessory to one- and two-family dwellings. 9. Window awnings supported by an exterior wall of Group R-3, as applicable in Section 101.2, and Group U occupancies. 10. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 105.2.1 Emergency repairs. When equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any structural beam or load-bearing support, or the removal or change of any required means of egress, or ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:9 rearrangement of parts of a structure affecting the egress requirements. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application thereof in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 106.3. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filling. If the application or the construction documents do not conform to the requirements of pertinent laws, the building shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.5 Expiration. 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 time the work is commenced. The building official is authorized to grant, in ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:10 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. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents in not necessary to obtain compliance with this code. 106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approval by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 106.1.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2 and R-3 as applicable in Section 101.2 and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 106.1.3 Exterior wall envelope. Construction documents for all building shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:11 materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings. The Construction documents shall include manufacturing installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or his authorized representative. 106.3.2 Previous approvals. The code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction or which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided the adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 106.3.4 Design professional in responsible charge. 106.3.4.1 General. When it is required that documents be prepared by a ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:12 registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Section 1709, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is occur. See also duties specified in Section 1704. 106.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official. 106.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. SECTION 107 TEMPORARY STRUCTURES AND USES 107.1 General. The building official is authorized to issue a permit for temporary ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:13 structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the ICC Electrical Code. 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 108 FEES 108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 108.2 Schedule of permit fees. On buildings, structures, or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, final building permit valuation shall be set by the building official utilizing Means Square Foot Costs or similar documents, unless the applicant can show detailed estimates to meet the approval of the building official. 108.4 Work commencing before permit issuance. Any person who commences any work on a building or structure, before obtaining the necessary permit, shall be subject to an additional fee established by the building official that shall be in addition to the required permit fees. 108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 108.6 Refunds. The building official is authorized to establish a refund policy. SECTION 9 INSPECTIONS ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:14 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 109.3 Required inspections. Upon notification in accordance with 109.5 or upon his own volition, the building official shall from time to time conduct inspections of the work for which the permit has been issued. These may include, but are not limited to, the inspections set forth in Sections 109.3.1 and 109.3.10. 109.3.1 Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 109.3.2 Concrete slab or under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. 109.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 109.3.5 Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire resistive assemble or a shear assembly. 109.3.6 Fire-resistant penetrations. Protection of joints and penetrations in fire- ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:15 resistance-rated assemblies shall not be concealed from view until inspected and approved. 109.3.7 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 109.3.8 Special inspections. For special inspections, see Section 1704. 109.3.9 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 109.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. If shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code. 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. SECTION 110 CERTIFICATE OF OCCUPANCY 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy there for as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Chapter 34. 110.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that shall contain the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:16 issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 110.5 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or any regulation or any of the provisions of this code. SECTION 111 SERVICE UTILITIES 111.1 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 112 BOARD OF APPEALS 112.1 General. The board of appeals hearing matters related to the building code shall be the board of appeals established by Article IV, Section 4.06 of the City Charter. The rules and regulations governing said board shall apply. SECTION 113 VIOLATIONS 115.1 [113.1] Unlawful acts. It shall be unlawful for any person, firm, or corporation to ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:17 erect, construct, alter, extend, repair, remove, demolish, use, or occupy any building or structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 113.2.1 Service of notice of violation. A notice of violation or order may be served in hand to the violator or left with a person of suitable age and discretion at the residence of place of business of the violator or mailed by certified mail, return receipt requested, to the last known address. If the return receipt is not returned, the notice shall be conclusively presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned as undeliverable by the postal service. 113.2.2 Request for appeal. Any person served an order, pursuant to this section, may request a hearing before the board of appeals by filing a written petition for said hearing at the code enforcement office within ten (10) days of the date of service for the order. The board of appeals may sustain, modify, or withdraw such order. The decision of the board of appeals may be further appealed pursuant to the provisions of Rule 80B of the Maine Rules of Civil Procedure. 113.3 Prosecution of violation. If the notice of violation is not complied with the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be liable foe a fine as set forth in Chapter 1, Section 1-8 and Chapter 50, Section 50-36 of the Code of Ordinances of the City of Lewiston. SECTION 114 STOP-WORK ORDER 114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order. 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:18 will be permitted to resume. 114.3 Unlawful continuance. 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 subject to penalties as prescribed by law. SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT 115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. 115.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. 115.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. 115.4 Method of service. Such notice shall be deemed properly served if a copy there of is delivered to the owner personally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 115.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and Chapter 34. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL Section 201.3 is hereby deleted: Section 201.3 is hereby created as follows: ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:19 201.3 Terms defined in other codes. Where conflicts exist regarding definitions of like terms in this chapter and other chapters of this code of ordinances, each definition shall be applied only within the scope of each chapter and shall not be construed to be contradictory. Terms not defined in this code and are defined in other codes shall have the meanings ascribed to them as in those codes. 305.2 Day care. The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than two children older than 2 1/2 years of age, which is not accessory to a residential use, shall be classified as a Group E occupancy. 308.2 Group I-1. This occupancy shall include buildings, structures or parts thereof housing more than eight persons, on a 24-hour bases, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following: Residential board and care facilities Assisted living facilities Halfway houses Group homes Congregate care facilities Social rehabilitation facilities Alcohol and drug centers Convalescent facilities A facility such as the above with eight or fewer persons shall be classified as a Residential Group R or shall comply with the International Residential Code on accordance with Section 101.2. 308.3 Group I-2. This occupancy shall include buildings and structures used for medical, surgical, nursing or custodial care on a 24-hour basis of more than five persons who are not capable of self-preservation. This group shall include, but not be limited to, the following: Hospitals Nursing homes (both intermediate-care facilities and skilled nursing facilities) Mental hospitals Detoxification facilities A facility such as the above with eight or fewer persons shall be classified as Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2. 308.5 Group I-4, day care facilities. This group shall include buildings and structures occupied by persons of any age who receive custodial care for less than 24 hours by ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:20 individuals other than parents or guardians, relatives by blood, marriage or adoption, and in a place other than the home of the person cared for. A facility such as the above with twelve or fewer persons accessory to a dwelling unit shall be classified as a residential use or shall comply with the International Residential Code in accordance with Section 101.2. Places of worship during religious functions are not included. 308.5.1 Adult care facility. A facility that provides accommodations for less that 24 hours for more than eight unrelated adults and provides supervision and personal care services shall be classified as Group I-4. Exception: A facility where occupants are capable of responding to an emergency situation without physical assistance from the staff shall be classified as Group A-3. 308.5.2 Child care facility. A facility that provides supervision and personal care on less than a 24-hour basis for more than two children 15 years of age or less shall be classified as Group I-4. Exception: A child day care facility that provides care for more than two but no more than 100 children 15 years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E. SECTION 310 RESIDENTIAL GROUP R 310.1 Residential Group R. Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I. Residential occupancies shall include the following: R-1 Residential occupancies where the occupants are primarily transient in nature including: Boarding houses (transient) Hotels (transient) Motels (transient) R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: Apartment houses Boarding houses (not transient) Convents Dormitories Fraternities and sororities Monasteries Vacation timeshare properties ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:21 Hotels (not transient) Motels (not transient) R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4, or I and where buildings do not contain more than two dwelling units as applicable in Section 101.2, or adult and child care facilities that provide accommodations for twelve or fewer persons of any age for less than 24 hours. Adult and child care facilities that are within a single - family home are permitted to comply with the International Residential Code in accordance with Section 101.2. R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including not more than eight occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined in Group R-3 except as otherwise provided for in this code or shall comply with the International Residential Code in accordance with Section 101.2. SECTION 312 UTILITY AND MISCELLANEOUS GROUP U 312.1 General. Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fore and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following: Agricultural buildings Aircraft hangars, accessory to a one- or two-family residence (see Section 412.3) Barns Carports Fences Grain silos, accessory to a residential occupancy Greenhouses Livestock shelters Private garages Retaining walls Sheds Stables Swimming pools Tanks Towers ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:22 CHAPTER 11 ACCESSIBILITY is hereby deleted. CHAPTER 11 ACCESSIBILITY SECTION 1101 GENERAL 1101.1 Applicable standard. The standard for accessible buildings and facilities shall be the Maine Human Rights Act, Title 5 MRSA Section 4551 et seq., and applicable building and facilities shall be constructed in accordance with ANSI A117.1 - 1986 for residential uses and the Americans with Disabilities Act Accessibility Guidelines for non- residential uses. CHAPTER 12 INTERIOR ENVIRONMENT SECTION 1204 TEMPERATURE CONTROL is hereby deleted. CHAPTER 13 ENERGY EFFICIENCY is hereby deleted. CHAPTER 18 SOILS AND FOUNDATIONS SECTION 1805 FOOTINGS AND FOUNDATIONS 1805.2 Depth of footing. The minimum depth of footings below the undisturbed ground surface shall be 12 inches (305 mm). Where applicable, the depth of footings shall also conform to Sections 1805.2.1 through 1805.2.3. 1805.2.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extending at least four feet to the bottom of the footing/ pier; 2. Constructing in accordance with ASCE-32; or 3. Erecting on solid rock. Footing shall not bear on frozen soil unless such frozen condition is of a permanent character. Exception: Free-standing buildings meeting all of the following conditions shall be permitted to be constructed on a monolithic slab with integral footing: 1. Classified in Importance Category I or II; 2. Classified as Use Group B, F, M, H, S, or U; 3. Be of Type V construction; 4. Be one story and not more than 20 feet in height, measured to the eave; and 5. Be not more than 2500 square feet in area. Where permitted, the slab installation shall conform to the ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:23 following: a. Structural loads shall be uniformly distributed along the length of the slab. Point loads shall be supported in accordance with Section 1805.2.1; b. Unless the existing soil is of a similar porosity as the required fill, original soil shall be removed and replaced with structural fill material that is a minimum depth of 24 inches of uniform, compacted, permeable aggregate such as crushed stone or gravel. c. The minimum width of the integral footing shall be 12 inches and exterior footings shall extend at least 12 inches below grade. Mid-span footings shall be a minimum of 12 inches wide and 8 inches thick. d. The minimum slab thickness shall be 4 inches. e. A row of # 4 rebar shall be placed in the lower and upper third of the exterior footing, not less than 3 inches from the surface of the footing. The slab shall be reinforced with either 6" x 6" wire mesh or fiber reinforcement. f. Finish grade shall be a minimum of 6 inches below the top of the slab. CHAPTER 27 ELECTRICAL is hereby deleted. CHAPTER 28 MECHANICAL SYSTEMS is hereby deleted. CHAPTER 29 PLUMBING SYSTEMS is hereby deleted. CHAPTER 31 SPECIAL CONSTRUCTION SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES 3109.2 Definition. The following word and term shall, for the purposes of this section and as used elsewhere in this code, have the meaning shown herein. SWIMMING POOLS. Any structure intended for swimming, recreational bathing or wading that contains water over 36 inches (915) deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools. CHAPTER 32 ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY is hereby deleted. CHAPTER 33 SAFEGUARDS DURING CONSTRUCTION ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:24 SECTION 3303 DEMOLITION 3304.4 Vacant lot. Where a structure has been demolished or removed, the vacant lot shall be filled to grade with sand, gravel, or other approved inert fill material and the entire site shall be stabilized to prevent wind and water erosion. Any existing curb cuts shall be barricaded to prevent vehicular access. 3303.7 Insurance coverage. No permit for the demolition, destruction, or wrecking of any building or structure shall be issued unless the building official shall have first been furnished with satisfactory evidence of the fact that the applicant has secured a policy of liability insurance indemnifying the applicant for any liability incurred arising out of said demolition, destruction, or wrecking of a building or structure. 3303.7.1 Insurance limits. This insurance policy shall be in the amount of five hundred thousand dollars ($500,000.00) per occurrence and one million dollars ($1,000,000.00) aggregate. 3303.7.2 Waiver. The building official may waive the insurance requirements hereunder, provided that after personal inspection, the building official determines that there exists no reasonable danger or likelihood of injury as the result of said demolition, destruction, or wrecking. In no event shall such a waiver be granted if the building or structure to be demolished, destroyed, or wrecked is located within twenty (20) feet of the public street or sidewalk. SECTION 3305 SANITATION 3305.1 Facilities required. Sanitary facilities shall be provided during construction, remodeling or demolition activities in accordance with Title 29, Part 1926, Section 51of the Code of Federal Regulations (29 CFR 1926.51). SECTION 3401 GENERAL 3401.3 Compliance with other codes. Alterations, repairs, additions and changes of occupancy shall comply with the provisions for alterations, repairs, additions and changes of occupancy in the currently adopted editions of the following: National Fire Codes, State of Maine Internal Plumbing Rules, BOCA/ICC Property Maintenance Code, Maine Subsurface Waste Water Disposal Rules, and National Electrical Code. SECTION 3409 ACCESSIBILITY FOR EXISTING BUILDINGS is hereby deleted. SECTION 3409 ACCESSIBILITY FOR EXISTING BUILDINGS 3409.1 Applicable standard. Accessibility requirements for existing buildings and facilities shall be determined by the Maine Human Rights Act, Title 5 MRSA Section 4551 et seq., and applicable building and facilities shall be constructed in accordance with ANSI A117.1 - 1986 for residential uses and the Americans with Disabilities Act Accessibility Guidelines for non-residential uses. (Ord. No. 92-15, § 7-2, 8-13-92; Ord. No. 05-01, 3-10-05) Secs. 18-28--18-50. Reserved. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:25 ARTICLE III. PROPERTY MAINTENANCE CODE Sec. 18-51. Adoption of BOCA National Property Maintenance Code. There is hereby adopted by the city for the purpose of establishing the minimum regulations governing the conditions and maintenance of all property, buildings, and structures, by providing the standards for supplied utilities and facilities and other physical amenities 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 structures, that certain code known as the BOCA National Property Maintenance Code, 1990 edition. (Ord. No. 92-8, § 15-1, 5-7-92) Sec. 18-52. Amendments to the property maintenance code. The property maintenance code adopted in section 18-51 is amended and changed as follows: PM-100.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Lewiston, hereinafter referred to as "this code." PM-101.2 Saving clause: This code shall not affect violations of any other ordinance, code or regulation known to exist by the code official prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was first observed by the code official. PM-102.1 Application of other codes: Any repairs or alterations to a structure, or changes of use therein, shall be done in accordance with the procedures and provisions of the Code of Ordinances of the City of Lewiston and any other applicable laws, rules or regulations. PM-104.9 Organization is hereby deleted. PM-104.10 Relief from personal liability: Any code official, officer or employee who acts in good faith in the discharge of duties of enforcement of this code is relieved of all personal liability for any damage accruing to persons or property as a result of such acts or alleged failure to act. Further, the code official shall not be held liable for any costs in any action, suit or proceeding that is instituted by the code official in the enforcement of this code. In any of these actions, the official or employee shall be defended or represented by the jurisdiction's attorney-at-law until the final termination of the proceedings. This provision shall remain in effect regardless of the employment status of the code official. PM-105.2 Unsafe structure: An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property, or the safety of the public or the occupants of the structure by not providing minimum safeguards for protection from fire or if the structure is unsecured by being open or unguarded at window or door or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is likely. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:26 PM-105.6 Closing of vacant structures: If the structure or part thereof is vacant, unsafe and/or unfit for human habitation, occupancy or use, the code official shall be permitted to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged to the owner and if the owner does not reimburse the City of Lewiston for such costs the city shall initiate legal action to recover its expenses including any legal fees incurred. Any security measures, whether required by this code or otherwise, must be consistent with the standards of section PM-903.1 to the extent such security measures are made. However, if any vacant structure or part thereof has been found to be unsecured on more than two occasions during any 12-month period, the code official shall order that the premises be closed in full compliance with the measures contained in section PM-903.1. PM-106.1 Notice to owner or to person responsible: Whenever the code official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, or whenever the code official has condemned any structure or equipment under the provisions of section PM-105.0, notice shall be given to the owner or the persons responsible therefor (hereinafter "violator") in the manner prescribed below. If the code official has condemned the property or part thereof, the code official shall give notice to the violator and to the occupants of the intent to placard and to vacate the property or to order equipment out of service. PM-106.2 Form: Such notice prescribed in section PM-106.1 shall: 1. Be in writing; 2. Include a description of the real estate sufficient for identification; 3. Include a statement of the reason or reasons why the notice is being issued; 4. Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code; and 5. Include an explanation of the violator's right to seek modification or withdrawal of the notice by petition to an appeals board or appropriate review board. PM-106.3 Service: Notice of the violation may be served in hand to the violator or left with a person of suitable age and discretion at the residence or place of business of the violator or mailed by certified mail, return receipt requested, to his last known address. If the return receipt is not returned, the notice shall be conclusively presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned as undeliverable by the postal service. Notwithstanding the above and section PM-106.2, if the code official finds that the violation is one which requires immediate correction to protect the public health or safety, he may provide notice hereunder by means of telephone or facsimile transmission to the violator or to a person of suitable age and discretion at the residence or place of business of the violator. If notice cannot be served the code official may proceed in accordance with section PM-108.2. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:27 PM-107.2 Prohibited use: Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or who fails to maintain the security of the premises shall be liable for the penalties provided by this code. PM-108.2 Temporary safeguards: Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is actual and immediate danger of collapse or failure of a structure or other hazardous condition which would endanger life, and when the owner cannot be found or when he will not act to correct these conditions, the code official shall order the necessary work to be done, including the boarding up of accessible openings, to render such structure temporarily safe and shall cause such other action to be taken as the code official deems necessary to meet such emergency. PM-108.5 Costs of emergency work: Costs incurred by the City of Lewiston in the performance of emergency work shall be paid from the treasury of the city on certificate of the code official. The legal counsel of the city shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs and to include legal costs as well. PM-109.2 Penalty: Any person, firm, corporation or trust who shall violate, or with property or equipment in violation of this code shall be subject to civil penalties and/or fines as set forth in section 1-8 and section 50-36 et seq. and/or as otherwise may be prescribed pursuant to 30-A M.R.S.A. § 4452 et seq., and 17 M.R.S.A. § 2851 et seq. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. PM-109.3 Prosecution: In case of any unlawful acts the code official shall institute an appropriate action or proceeding at law to exact the penalty provided in section PM-109.2. Also, the code official or the jurisdiction's legal representative shall proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person: 1. To restrain, correct or remove the violation or refrain from any further execution of work; 2. To restrain or correct the erection, installation, maintenance, repair or alteration of such structure; 3. To require the removal of work in violation; 4. To prevent the occupation or use of the structure which is not in compliance with the provisions of this code; or 5. Any other legal action as may be necessary. PM-110.1 General: The code official shall order the owner of any premises upon which is located any structure or part thereof, which in the code official's judgement is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation, occupancy or use, and so that such structure would be unreasonable to repair the same, to raze and remove such structure or part thereof; or if such structure can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:28 construction of any structure for a period of more than two years, to raze and remove such structure or part thereof. Notwithstanding the above, the code official may initiate condemnation proceedings pursuant to 17 M.R.S.A. § 2851 et seq., as amended. PM-110.2 Unreasonable repairs is hereby deleted. PM-110.3 Order is hereby deleted. PM-110.4 Failure to comply is hereby deleted. PM-110.5 Salvage materials is hereby deleted. PM-111.1 Petition: Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the board of appeals; provided, that such person shall file, in the office of the director of code enforcement, a written petition, on a form furnished by such office, along with the required petition filing fee, requesting such hearing and containing a statement of the grounds therefor, within ten days after the day the notice was served. PM-111.2 Appeals board is hereby deleted. PM-111.2.1 Membership is hereby deleted. PM-111.2.2 Vote is hereby deleted. PM-111.2.3 Financial interest is hereby deleted. PM-111.3 Records is hereby deleted. PM-200.3 Terms defined in other codes is hereby deleted. PM-201.0 Applied meaning of words and terms: Dwellings (see section PM-200.5): One-family dwelling: A building containing one dwelling unit. Emergency escape: A door or a window not more than 44 inches from the sill to the floor with a net clear opening of at least 5.7 square feet, a minimum width of 20 inches and a minimum height of 24 inches. Major recreational equipment: Motor homes, travel trailers, tent trailers, boats, snowmobiles, all-terrain vehicles, motorized vehicles, except those defined as motor vehicles herein, and other similar equipment. Motor vehicles: Those vehicles authorized by law for operation on the public ways of the State of Maine. Plumbing: The practice, materials, and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances, and appurtenances within the scope of the plumbing code as per article IV of chapter 18 of the Code of Ordinances. PM-301.2 Grading and drainage is hereby deleted. PM-301.4 Weeds is hereby deleted. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:29 PM-301.5 Rodent harborage: All structures and exterior property shall be kept free from rodent infestation. Where rodents are found, they shall be exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. PM-301.8 Motor vehicles: Except as provided in other regulations, not more than one currently unregistered and/or uninspected motor vehicle shall be parked, kept or stored on any property and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Notwithstanding the provisions contained in section 50-48 of the Code of Ordinances, the code official shall first order the property owner to abate recurring violations of section PM-301.8 prior to the issuance of any citations. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided such work is performed inside of a structure or similarly enclosed area designed and approved for such purposes. PM-301.9 Major recreational equipment: No major recreational equipment in a state of disassembly or disrepair shall be parked, kept or stored in any manner which is visible from any adjoining property or any public way in any residential zoning district as defined in appendix A, article II, section 2, of the Code of Ordinances for a period in excess of 270 days after the owner has been given a written notice by a code enforcement official to remove or repair such equipment. Except as provided in the preceding paragraph, in any such residential district, no major recreational equipment shall be parked, kept or stored within ten feet of any lot line in a manner which is visible from any adjoining property or any public way. PM-302.4 Foundation walls: All foundation walls shall be structurally sound and free from open cracks and breaks and shall be kept in such a condition so as to prevent the entry of rodents. PM-302.5 Exterior walls: All exterior surfaces shall be free of holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface-coated where required by the code official to prevent deterioration. PM-302.10 Handrails and guardrails: Every flight of stairs which is more than three risers high shall have a handrail on at least one side of the stair, and every open portion of a stair, landing, balcony, porch or deck which is more than 30 inches (762 mm) above the floor or grade below shall have guardrails. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition. PM-302.12 Screens: Every door, window and other outside opening used or required for ventilation purposes serving any building containing habitable rooms, food preparation areas, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition. PM-302.15 Guards for basement windows: Every basement window which is open shall be supplied with screens or other approved protection against the entry of ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:30 rodents and insects. PM-303.4 Lead based paint is hereby deleted. PM-303.6 Insect and rodent harborage: All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. PM-303.8 Handrails and guardrails: Every flight of stairs which is more than three risers high shall have a handrail on at least one side of the stair, and every open portion of a stair, landing, balcony, porch or deck which is more than 30 inches (762 mm) above the floor or grade below shall have guardrails. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition. PM-400.3 Alternative devices: In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation shall be permitted when complying with the building code as per article II of chapter 18 of the Code of Ordinances. PM-401.1 Habitable spaces: Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space shall be five percent of the floor area of such room, except in kitchens when artificial light is provided in accordance with the provisions of the building code as per article II of chapter 18 of the Code of Ordinances. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. PM-401.2 Common halls and stairways: Every common hall and stairway, other than in one- and two-family dwellings, shall be lighted at all times unless natural lighting is sufficient to achieve the intent of this section with at least a 40 watt standard incandescent lightbulb or equivalent for each 200 square feet (18.60 sq. m) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). Every exterior stairway shall be illuminated with a minimum of at least a 40-watt standard incandescent lightbulb at every stairway or level or equivalent lighting thereof. PM-402.2 Bathrooms and toilet rooms: Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by section PM- 401.1, except that a window shall not be required in spaces equipped with a mechanical ventilation system that complies with the following: 1. Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted to the exterior and shall not be recirculated to any space, including the space from which such air is withdrawn. 2. Air exhausted by a mechanical ventilation system from all other bathrooms or toilet rooms shall be exhausted to the exterior without recirculation to any space or not more than 85 percent of the exhaust air space shall be recirculated where ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:31 the system is provided effective absorption and filtering equipment. PM-403.2 Access from sleeping room is hereby deleted. PM-403.8 Minimum ceiling heights: Habitable spaces, hallways, corridors, laundry areas, bathrooms and toilet rooms shall have a clear ceiling height of not less than seven feet (2134 mm). Exceptions: 2. Basement rooms in one- and two-family dwellings used exclusively for laundry, study or recreation purposes having a ceiling height of not less than six feet eight inches (2033 mm) with not less than six feet four inches (1932 mm) of clear height under beams, girders, ducts, and similar obstructions. PM-506.0 Storm drainage is hereby deleted. PM-601.1 Residential buildings: Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 66 degrees Fahrenheit (19 degrees Celsius) at a level of three feet (914 mm) above the floor and a distance of three feet (914 mm) from the exterior walls in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. Rooms used exclusively for sleeping, study or similar uses and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1524 mm) or more shall be included. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitories or guestrooms, on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from September 15 to May 15 to maintain a room temperature of not less than 66 degrees Fahrenheit (19 degrees Celsius) in all habitable rooms, bathrooms and toilet rooms unless other mutually agreeable written arrangements are made between the occupant and the owner. The temperature shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls. PM-601.2 Nonresidential structures is hereby deleted. PM-602.1.3 Service: The size and usage of appliances and equipment shall be used as a basis for determining the need for additional facilities in accordance with article V of chapter 18 of the Code of Ordinances. Every dwelling shall be served by a main service which is not less than 60-ampere, three-wire. All occupied dwelling units shall be energized prior to habitation. No owner, operator or occupant shall cause any service, facility, equipment or utility supplied in accordance with the requirements of this chapter to be removed, shut off, rendered inoperable or disconnected for any dwelling, dwelling unit, roominghouse or rooming unit except for such temporary interruptions as may be necessary when actual repairs or alterations are being expeditiously made. PM-603.0 Elevators, escalators and dumbwaiters is hereby deleted. PM-700.2 Responsibility: The owner of the premises shall provide and maintain ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:32 such fire safety facilities and equipment in compliance with these requirements and chapter 38 of the Code of Ordinances. A person shall not occupy as owner-occupant or permit another person to occupy or use any premises that do not comply with the requirements of this article. PM-701.2 Locked doors: All doors in the required means of egress shall be readily openable from the inner side without the use of keys, except as provided in article II of chapter 18 of the Code of Ordinances. Exits from dwelling units, rooming units, guestrooms, and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms. PM-701.3 Exit signs: All means of egress shall be indicated with approved exit signs where required by chapter 38 of the Code of Ordinances. All exit signs shall be maintained visible and all illuminated exit signs shall be illuminated at all times that the building is occupied. PM-701.4 Number of exits: In nonresidential buildings, every story used for human occupancy more than three stories above grade shall be provided with not less than two independent exits. In residential buildings every story exceeding two stories above grade shall be provided with not less than two independent exits. In stories where more than one exit is required, all occupants shall have access to at least two exits. Every story used for human occupancy totally below grade greater than 2,000 square feet shall be provided with not less than two independent exits. Exceptions: A single exit is acceptable under any one of the following conditions: 1. Where the building is equipped throughout with an automatic fire suppression system and an automatic fire alarm system with smoke detectors located in all corridors, lobbies and common areas; 2. Where the building is provided with an automatic fire alarm system and the exit is a smokeproof enclosure or pressurized stairway; 3. Where an existing fire escape conforming to chapter 38 of the Code of Ordinances is provided in addition to the single exit. Ladders or similar structures fastened to the building shall not be considered to be an approved egress or fire escape; 4. In stories that require only one exit in accordance with the requirements of chapter 38 of the Code of Ordinances; or 5. In one- or two-family dwellings. PM-701.5 Exit capacity: The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by chapter 38 of the Code of Ordinances. PM-701.6 Corridor enclosure: All corridors serving an occupant load of greater than 30 and openings therein shall provide an effective smoke barrier. All transoms, louvers, doors and other openings shall be closed or shall be self-closing. Exception: Corridors which are in compliance with the provisions in chapter 38 of the Code of Ordinances. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:33 PM-702.2 Hazardous material: combustibles, flammable, explosive or other hazardous material, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of chapter 38 of the Code of Ordinances. PM-704.5 Smoke detectors: All residential occupancies shall be provided with a minimum of one approved single-station smoke detector in the sleeping area, guestroom or suite of a hotel, motel, lodginghouse, boardinghouse or dwelling unit and in all common hallways and at each level in stairways. The detectors shall be located in accordance with chapter 38 of the Code of Ordinances and 25 M.R.S.A. § 2464. When actuated, the smoke detector shall provide an alarm suitable to warn the occupants within the individual room or unit. PM-704.5.2 Multiple-family dwellings: It shall be the responsibility of owners to ensure that there is an operable smoke detector in any dwelling unit at the time it is first occupied by a new tenant. Thereafter, it shall be the responsibility of the tenant occupying the dwelling unit to ensure the operability of the smoke detector. If the code official finds a missing or inoperable smoke detector in a dwelling unit he shall order the owner to replace it or to make it operable within 24 hours of notification. Failure of the owner to comply with such order shall be deemed a violation and shall be subject to the penalties prescribed in section PM-109.2. PM-802.1 Owner: The owner of any structure shall be responsible for extermination within the structure. PM-802.2 Occupant: The occupant of any structure shall be responsible for keeping that portion of the structure that he occupies clean and in a condition so as not to attract insects and rodents. PM-802.3 Single occupancy is hereby deleted. PM-802.4 Multiple occupancy is hereby deleted. PM-900.1 Scope: The provisions of this article are intended to provide a reasonable degree of safety to persons occupying existing buildings that do not conform to the minimum requirements of article II of chapter 18 and chapter 38 of the Code of Ordinances by requiring alterations to such existing buildings as provided for in this article. PM-900.2 Application of other codes: All alterations to an existing building which are caused directly or indirectly by the enforcement of this code shall be done in accordance with the applicable procedures and provisions of the Code of Ordinances, City of Lewiston, Maine, and any other applicable laws, rules and regulations as may apply. PM-901.0 Elevator recall is hereby deleted. PM-902.0 Mechanical equipment control is hereby deleted. PM-903.0 Security measures: PM-903.1 Security of structures: As per section 105.6, vacant structures or portions thereof shall be secured in the following manner: ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:34 1. Hazardous material, rubbish and garbage shall be removed from the premises. 2. All first floor windows and doors shall be boarded at the exterior with one-half- inch exterior plywood cut to fit the opening to be closed. The plywood shall be fastened with a minimum of 16d galvanized nails or no. 10 two-inch screws. The exposed plywood shall be painted to be compatible with the color of the structure in order to minimize visual blight. 3. Fire escapes from the first story to the second story shall be removed and stairs to the second story porches shall be completely inaccessible. 4. Upper level windows shall not be boarded but shall be covered with a transparent material free of cracks and holes. 5. If the structure remains vacant and unrented for six months or more, all utilities shall be disconnected and the meters for such structure shall be removed. Notwithstanding the six-month requirement, all unheated structures shall have plumbing and heating systems fully drained of water and water meters removed by November 1 of each year. Vacant structures that are securely boarded as of the adoption date of the ordinance form which this section derives do not have to comply with the painting requirements of item 2, above. If such structure's upper story windows are boarded, they may remain boarded and need not comply with the transparent material requirements of item 4, above. (Ord. No. 92-8, § 15-2, 5-7-92; Ord. No. 92-22, § 15-2, 10-1-92) Secs. 18-53--18-75. Reserved. ARTICLE IV. PLUMBING CODE Sec. 18-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Minor plumbing work or minor installation means: The cleaning of stoppages and/or repairing of leaks in all water distributing and drainage pipes, valves and faucets, provided the work does not require the replacement or relocation of any pipes. The direct replacement of all existing faucets, valves and plumbing fixtures, except hot water storage tanks and hot water heaters including tankless water heaters. (Ord. No. 93-18, § 22-8, 11-4-93) Cross references: Definitions generally, § 1-2. Sec. 18-77. Compliance with state law. All plumbing installed in the city and all permits issued shall conform to the rules and regulations of the state department of human services in relation to plumbing within the state ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:35 issued under authority conferred by state law, except as amended in this article. (Code 1982, § 22-1; Ord. No. 93-18, § 22-1, 11-4-93) Sec. 18-78. Compliance with water division regulations. All work done on the water services in the city shall conform to the rules and regulations set forth by the water division of the department of public works. (Code 1982, § 22-2) Sec. 18-79. Removal of contents of privies, cesspools or septic tanks. No person shall remove the contents of any privy, vault, cesspool or septic tank except in a manner approved by the plumbing inspector. (Code 1982, § 22-3) State law references: Cleaning of privies, septic tanks, etc., 30 M.R.S.A. § 4359. Sec. 18-80. House trap, when required. A house trap is required only where no storm drain is provided and the building is tied onto a combined sewer. Such house trap shall be located inside of the building as near the outside wall as possible. Such house trap shall have at least one cleanout four inches or larger in dimensions. (Code 1982, § 22-4) Sec. 18-81. Water tank heaters. No water tank heaters shall be used in any dwelling house unless such water tank heater is equipped with a proper smoke or fume pipe connected with a chimney or flue affording an outlet to the open air, and unless such chimney or flue shall be maintained in good repair and free from all deposits. No water tank heaters shall be installed in a bathroom. The provisions of subsections and of this section shall not apply to electric hot water heaters. (Code 1982, § 22-5) Sec. 18-82. Special provisions for flood hazard areas. The plumbing inspector shall require new and replacement water supply systems and sanitary sewer systems located within any A zone on the flood insurance rate map to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (Code 1982, § 22-6) Sec. 18-83. Permit fees. The fees for plumbing permits shall be paid by the owner or his agent in accordance with the plumbing fee schedule established by the city council. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:36 (Ord. No. 93-18, § 22-7, 11-4-93) Sec. 18-84. Master oil burner technicians. A plumbing permit shall be required for the installation of domestic water heating appliances by master oil burner technicians. (Ord. No. 93-18, § 22-9, 11-4-93) Secs. 18-85--18-105. Reserved. ARTICLE V. ELECTRICAL CODE DIVISION 1. GENERALLY Sec. 18-106. Liability established. The provisions of this article shall not be construed to relieve from or to lessen the responsibility of any person owning, operating, controlling or installing any electrical fixtures, appliances, devices, equipment or wiring, for damage or injury to any person or property, nor shall it be construed to impose on the city any liability by reason of the inspection provided for in this article or by reason of any certificate or license issued under this article. (Code 1982, § 10-1) Sec. 18-107. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the board of electrical appeals provided for in section 18-125. Electrical inspector means the electrical inspector of the city or any deputy, assistant or acting inspector designated by the city administrator. Journeyman electrician means any person who customarily performs the work of installing or repairing electrical wires, conduits, fixtures, equipment and other appliances in the employment of a master electrician and who holds a valid journeyman electrician's license issued to him by the electricians examining board pursuant to 32 M.R.S.A. § 1101 et seq., as amended. Limited license means a limited electrician's license to install and service the electrical work related to a specific type of electrically operated equipment or to specific electrical installations issued by the electricians examining board pursuant to 32 M.R.S.A. § 1101 et seq., as amended. Master electrician means any person engaging in or about to engage in the business of installing electrical wires, conduits, apparatus, fixtures and other electrical equipment and holding a valid master electrician's license issued by the electricians examining board pursuant to 32 M.R.S.A. § 1101 et seq., as amended. (Code 1982, § 10-2; Ord. No. 92-9, § 10-2, 5-7-92) Cross references: Definitions generally, § 1-2. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:37 State law references: Similar definitions, 32 M.R.S.A. § 1101. Secs. 18-108--18-120. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 18-121. Enforcement officer. The electrical inspector shall enforce the provisions of this article so that wires, conduits, fixtures, apparatus, equipment and other appliances carrying or using electricity for light, heat, power, transmission of sound and communications purposes shall be so installed, constructed and guarded as to reduce as far as practicable the danger there from to life and property. (Code 1982, § 10-21) State law references: Municipal authority to appoint an electrical inspector, 30 M.R.S.A. § 2555. Sec. 18-122. Entry for inspections. The electrical inspector may enter any building with the permission of any person having control of such building or may apply to a court for process to do so in order to discharge his official duties, for the purpose of making any inspection, reinspection or test of the installation or maintenance of electric wiring, devices, appliances and equipment contained therein. (Ord. No. 92-9, § 10-22, 5-7-92) Sec. 18-123. Emergency orders. Whenever the electrical inspector determines that: An existing electrical service, conductors, fixtures, equipment and any other aspects of electrical systems poses a danger to life or property because of defectiveness or defective installation; or Upon making an inspection required under this article, an addition or alteration to existing lighting, heating or power systems is defective; he may require that the electrical service be discontinued to the building or premises or that the electrical current be discontinued to such addition or alteration. The electrical service or current shall not be reconnected until such defects are remedied or corrected to the satisfaction of the electrical inspector. Any person aggrieved by a decision of the electrical inspector to discontinue electrical service or current may appeal to the board of appeals pursuant to section 18-125. Such appeal shall in no way stay the decision to disconnect electrical service or current. (Ord. No. 92-9, § 10-23, 5-7-92) Sec. 18-124. Violation orders. Whenever the electrical inspector determines that there has been a violation of any provision of this article, an order to correct such violation shall be issued to the person (hereinafter "violator") owning or having any control of any land, building, structure, sign, licensed or permitted business or operation which is in violation. Notice of the violation may be served in hand to the violator or left with a person of suitable age and ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:38 discretion at the residence or place of business of the violator or mailed by certified mail, return receipt requested, to his last known address. If the return receipt is not returned, the notice shall be conclusively presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned as undeliverable by the postal service. If the electrical inspector finds that the violation is one which requires immediate correction to protect the public health or safety, he may provide notice under this article by means of telephone or facsimile transmission to the violator or to a person of suitable age and discretion at the residence or place of business of the violator. Any notice under this article shall describe the violation, including a reference to the ordinance section violated, specify that reasonable period within which the violation must be corrected, and state the potential consequence if the violation is not corrected. The notice shall also advise the violator of any right to appeal to the board of appeals with respect to the electrical inspector's determination that a violation exists for which the violator is responsible. The electrical inspector may, upon evidence of noncompliance with an order or decision of the board of appeals pursuant to section 18-125, request that appropriate legal action be instituted. (Ord. No. 92-9, § 10-24, 5-7-92) Sec. 18-125. Appeals. Any person served with an order pursuant to section 18-124 or aggrieved by the order of the electrical inspector condemning all or part of any electrical installation material or equipment or by his refusal to approve any electrical installation for which a permit was issued may request a hearing before the board of appeals by filing a written petition for such hearing at the office of the director of planning and code enforcement within ten days of the date of service of order. Such appeal shall be heard within 30 days of the receipt of a complete petition for appeal. The board of appeals may sustain, modify or withdraw such order. The decision of the board of appeals may be further appealed pursuant to the provisions of Rule 80B of the Maine Rules of Civil Procedure. To take advantage of this right, a petition for review must be filed with the superior court within 45 days of receipt of the decision of the board of appeals. (Code 1982, § 10-25; Ord. No. 05-03, 3-10-05) Sec. 18-126. Stop work order. Upon notice from the electrical inspector that any work on any building, structure, equipment, etc., is being prosecuted contrary to the provisions of this article or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be served in accordance with section 18-124 and shall state the conditions under which work may be resumed. (Ord. No. 92-9, § 10-26, 5-7-92) Sec. 18-127. Penalty for violation of article. Any person or trust who shall violate or with property or equipment violate this article shall be subject to penalties and/or fines as set forth in section 1-8, and section 50-36 et seq. and/or as otherwise may be prescribed pursuant to 30-A M.R.S.A. § 4452 et seq., as amended and 32 M.R.S.A. § 1101 et seq., as amended. Each day that a violation continues after the notice has been served in accordance with section 18-124 shall be deemed a separate offense. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:39 (Ord. No. 92-9, § 10-27, 5-7-92) Sec. 18-128. Relief from personal liability. The electrical inspector as well as any employee who acts in good faith in the discharge of duties of enforcement of this article is relieved of all personal liability for any damage accruing to persons or property as a result of such acts or alleged failure to act. Further, the electrical inspector shall not be held liable for any costs in any action, suit or proceeding that is instituted by or against the electrical inspector or any employee in the enforcement of this code. In any of these actions, the electrical inspector or employee shall be defended or represented by the city's attorney-at-law until the final termination of the proceedings. This section shall remain in effect regardless of the employment status of the electrical inspector or employee. (Ord. No. 92-9, § 10-28, 5-7-92) Secs. 18-129--18-140. Reserved. DIVISION 3. PERMITS AND INSPECTIONS Sec. 18-141. Permit required; exceptions. No electrical wiring, devices, appliances or equipment shall be installed within or on any building, structure or premises nor shall alterations or additions be made in any such existing wiring, devices, appliances or equipment without first securing a permit therefor from the electrical inspector, except as otherwise provided in this division. No permit shall be required for the replacement of lamps or the connection of portable devices to suitable receptacles which have been permanently installed. A "suitable receptacle" is hereby defined as one having the proper wiring and capacity to fulfill the electrical requirements of the portable device. No permit shall be required for the installation, alteration or repair of wiring, devices, appliances or equipment for the operation of signals or the transmission of intelligence through the facilities of any duly chartered telephone, telegraph or radio company. No permit shall be required for the installation, alteration or repairing of electric wiring, devices, appliances and equipment installed by a public utility for the use of such public utility in the generation, transmission, distribution or metering of electrical energy; nor for the work of such utilities in installing, maintaining and repairing on the premises of customers, service connections, meters and other apparatus and appliances remaining the property of such utilities after installation; nor for work by a public utility in connection with the lighting of public or private ways, alleys, parks or squares. No permit shall be required for the installation of telephone, telegraph, cable and closed- circuit television, data communication and sound equipment. (Code 1982, § 10-36; Ord. No. 92-9, § 10-36, 5-7-92; Ord. No. 05-03, 3-10-05) Sec. 18-142. Application for permit. Application for a permit required by this article, describing the work to be done, shall be made in writing on standard forms provided by the city to the electrical inspector by the person installing the work. The application shall state the name and address of the person for whom the ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:40 work is to be done and shall be accompanied by such plans and specifications as may be necessary to determine whether the installation as described will be in conformity with the requirements of this article, and if the applicant has complied with the provisions of this article, a permit for such installation shall be issued. (Code 1982, § 10-37) Sec. 18-143. Prerequisites to issuance of permit. No permit for the installation or alteration of any electric wiring, devices, appliances or equipment shall be issued to any person other than a master electrician or a limited license electrician. Permits to limited license electricians shall be limited to the specific electrical installations authorized by such licenses. Notwithstanding the above provision, a permit may be issued to homeowners to do wiring in a single-family residence, provided the following conditions are met: The homeowner must obtain a permit and have all work inspected as provided by section 18-151. The single-family home must be owned by the individual doing the electrical work and be his permanent residence or it will be in the event that it is to be constructed. (Code 1982, § 10-38; Ord. No. 92-9, § 10-38, 5-7-92; Ord. No. 05-03, 3-10-05) Sec. 18-144. Fee required. No electrical permit shall be issued until the proper fee has been paid. Any person who commences any work for which a permit is required without having first obtained a permit shall pay a belated fee in addition to the customary fee for the permit. A belated fee shall not be assessed for emergency work provided that an application is filed with the code enforcement division on the next day such division is open following commencement of such work. (Code 1982, § 10-39; Ord. No. 92-9, § 10-39, 5-7-92) Sec. 18-145. Installation limited to that described in application. The electrical permit when issued shall be for the installation as described in the application and no deviation shall be made from the installation so described without the written approval of the electrical inspector. (Code 1982, § 10-41; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-146 Sec. 18-146. Transferability. No permit issued under this article shall be transferable except with the written approval of the electrical inspector. (Code 1982, § 10-42; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-147 Sec. 18-147. Suspension of permits. Any permit issued under this article shall become invalid if the authorized work is not ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:41 commenced within six months after the issuance of the permit, if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work, or if the authorized work is not completed within 12 months. The electrical inspector shall have the authority to extend a permit for the commencement of authorized work beyond the six months or the completion of authorized work beyond the 12 months when such a request is determined reasonable by the electrical inspector. (Code 1982, § 10-43; Ord. No. 92-9, § 10-43, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-148 Sec. 18-148. Prerequisites for electrical installations. One licensed apprentice electrician or one licensed helper electrician (licensed by the electricians examining board pursuant to 32 M.R.S.A. § 1101 et seq., as amended) may only perform electrical work covered under this article with, in the presence of, and under the supervision of each master electrician, journeyman electrician or limited license electrician. When the electrical inspector finds that electrical work is being performed contrary to this requirement he shall issue a stop work order pursuant to section 18-126 and shall notify the permit holder that future violations of this section shall result in the issuance of a citation pursuant to section 50-36 et seq. and/or the initiation of a land use complaint pursuant to rule 80- K of the Maine Rules of Civil Procedure and 30-A M.R.S.A. § 4452 et seq., as amended. (Code 1982, § 10-44; Ord. No. 92-9, § 10-44, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-149 Sec. 18-149. Proof of licensure. Any person performing electrical work as regulated by this article except as otherwise provided for in section 18-143 and 32 M.R.S.A. § 1101 et seq., as amended, shall carry his electrical license issued by the electricians examining board and upon request shall display it to the electrical inspector. Failure to display a license upon a request shall be conclusive deemed a violation of this article. (Code 1982, § 10-45; Ord. No. 92-9, § 10-45, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-150 Sec. 18-150. Installations without a permit. Whenever any electrical work or wiring is found to have been installed without a proper permit having first been secured, or not to be in accordance with the provisions of this article, the electrical inspector is hereby authorized and empowered to render such system inoperative until a permit has been secured, or the defective work corrected, and the work of wiring reinspected and approved. (Code 1982, § 10-46; Ord. No. 92-9, § 10-46, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-151 Sec. 18-151. Inspection of wiring before concealment; responsibility. It shall be unlawful for any person to cover or conceal, or cause to be so covered or concealed, any wiring for which a permit has been issued or is required, before such wiring has been inspected by the electrical inspector. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:42 All new work shall be inspected before it is concealed by wall or ceiling paneling. The electrical permit holder or owner, or both, shall be held responsible if the inspector has not been notified for an inspection. The inspector may insist on exposing such concealed work. (Code 1982, § 10-47; Ord. No. 92-9, § 10-47, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-152 Sec. 18-152. Application for inspection; examination of work. Upon application being made for the inspection of any electrical work for which a permit has been issued, the electrical inspector shall make a careful examination of all such work in order to determine whether it has been done in conformity with the provisions of this article. (Code 1982, § 10-48; Ord. No. 92-9, § 10-48, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-153 Sec. 18-153. Statement of defects. In any case where defective work is found, the electrical inspector shall furnish the person to whom the permit for the work was issued a verbal statement indicating the defective work and the nature of such defects. When required in writing by the permit holder, a written statement indicating the defective work and nature of such defects shall be provided by the inspector. (Code 1982, § 10-49; Ord. No. 92-9, § 10-49, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-154 Sec. 18-154. Certificate of inspection required. When the electrical inspector finds the work for which a permit was issued done in conformity with the provisions of this article, where required he shall issue in writing a certificate of inspection therefor, which shall identify the premises and the work covered by the permit and shall show that such work has been properly done. (Code 1982, § 10-50; Ord. No. 92-9, § 10-50, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-155 Sec. 18-155. Schedule of fees for electrical permits. The fees for permits under this article shall be paid by the applicant for such permits in accordance with a fee schedule established by the city council. (Code 1982, § 10-51; Ord. No. 92-9, § 10-51, 5-7-92; Ord. No. 05-03, 3-10-05) Editor's note: Formerly § 16-156 Secs. 18-156--18-170. Reserved. DIVISION 4. STANDARDS Sec. 18-171. Installations. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:43 All electrical installations shall be in conformity with the provisions of this article and the approved standards for safety to life and property. Unless otherwise provided by this article, conformity with NFPA 70 (National Fire Protection Association), National Electrical Code, 2005 Edition shall be deemed as conforming with approved standards for safety to life and property. Code 1982, § 10-66; Ord. No. 92-9, § 10-66, 5-7-92; Ord. No. 01-10, 7-5-01; Ord. No. 05-03, 3-10-05) Sec. 18-172. Aluminum wire. No copper-clad aluminum wire smaller than size no. 6 A.W.G. may be used to conduct electricity. Sizes larger than no. 6 A.W.G. may be used with mechanical lugs and connectors approved for this purpose by the electrical inspector. (Code 1982, § 10-67; Ord. No. 92-9, § 10-67, 5-7-92) Sec. 18-173. Service entrance equipment; switches, conduit. All new single-family residences shall have an entrance switch rated no smaller than 100- ampere capacity. For more than one family or multiple residences, an entrance switch conforming with the National Electrical Code requirements shall be considered the minimum. In cases of multiple apartments where the main switch is deemed inaccessible by the fire or electrical inspector, an accessible location will be required. (Code 1982, § 10-68; Ord. No. 92-9, § 10-68, 5-7-92) Sec. 18-174. Fustat plugs or circuit breakers required. It is required on all new and alteration work to use tamperproof fustat plugs or circuit breakers. This will eliminate overfusing on branch circuits. The electrical inspector shall be authorized in cases of oversized fusing to require that fustat or circuit breaker panels replace existing plug fuse panels. (Code 1982, § 10-70; Ord. No. 92-9, § 10-69, 5-7-92) Sec. 18-175. Installation of rigid conduit. Rigid metallic or rigid nonmetallic conduit shall be installed for service entrances and for any wiring installed to conduct electricity near surfaces of metal, masonry, brick, cement or cinder blocks, stucco, stone or similar and must be approved by the electrical inspector. (Code 1982, § 10-72; Ord. No. 92-9, § 10-70, 5-7-92) Sec. 18-176. Reserved. Editor's note: Ord. No. 05-03, effective March 10, 2005, repealed § 18-176 in its entirety. Formerly, said section pertained to spring type backwired snap switches and receptacles as enacted by Code 1982, § 10-1; as amended. Sec. 18-177. Reserved. Editor's note: Ord. No. 05-03, effective March 10, 2005, repealed § 18-177 in its entirety. Formerly, said section pertained to Article 110-26(F)(1)(B) of the 1999 NEC--Foreign systems as enacted by Ord. No. 01-10, adopted July 5, 2001. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:44 Secs. 18-178--18-185. Reserved. DIVISION 5. POLES AND WIRES Sec. 18-186. Supports required; owner's consent when buildings are used. All wires when placed above the surface of the ground shall be suspended from poles or buildings, or other supports to be maintained by the persons using such wires. No wire shall be suspended from or attached to any building for the purpose of conducting electricity, unless by permission of the owner of such building. (Code 1982, § 10-93) Sec. 18-187. Safe carrying of wires required. Every person owning, leasing or operating wires as described in this division shall, within 48 hours after notice served by the inspector, make such substitution or repairs of posts, supports, crossarms, or stays for the safe carrying of such wires as may be required by the inspector. (Code 1982, § 10-94) Sec. 18-188. Disposition of scraps, unused coils, loose ends regulated. No person shall permit pieces of wires to be left on the surface of any street or sidewalk; nor permit unused coils or loose ends of wires to remain attached to any crossarm or posts more than 24 hours. (Code 1982, § 10-95; Ord. No. 05-03, 3-10-05) Secs. 18-189--18-199. Reserved. ARTICLE VI. RESIDENTIAL CODE Sec. 18-200. Adoption of residential code. There is hereby adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition and insurance coverage, use and occupancy, equipment, location and maintenance of building and structures, including permits and penalties, that certain residential building code known as the 2003 International Residential Code for One- and Two-Family Dwellings, save and except such portions as are in this article deleted, modified or amended. No fewer than three copies of such code have been and now are filed in the office of the city clerk and such copies are hereby adopted and incorporated as fully as if set out at length in this article. (Ord. No. 05-02, 3-10-05) Sec. 18-201. Amendments to the residential code. The residential code adopted in section 18-200 is amended and changed as follows: Chapter 1 is repealed in its entirety. Chapter 1 Administration, is enacted to read as follows: Part 1--Administrative ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:45 CHAPTER 1 ADMINISTRATION SECTION R101 GENERAL R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the City of Lewiston, Maine, and shall be cited as such and will be referred to herein as "this code." R101.2 Scope. The provisions of the International Residential Code for One- and Two- Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use, and occupancy, location,, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures. R101.3 Purpose. The purpose of this code is to provide minimum requirements to safeguard the public safety, health and general welfare, through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment.. SECTION R102 APPLICABILITY R102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, The specific requirement shall be applicable. R102.2 Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state and federal law. R102.3 Application of references. References to chapter or section numbers, or to provisions specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to be prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. R101.4 Referenced codes. The other codes listed in Section 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Exception: Where the enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply. R101.4.1 Electrical. The provisions of the Chapter 18, Article V. ELECTRICAL CODE of the Code of Ordinances of the City of Lewiston shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. All references ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:46 to the ICC Electrical Code are hereby deleted in favor of the applicable section(s) of the National Electrical Code as adopted. R101.4.2 Gas. The provisions of Chapter 38, Article II FIRE PREVENTION CODE of the aforementioned Code of Ordinances shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. All references to the International Gas Code are hereby deleted in favor of the applicable section(s) of the National Fire Codes as adopted. R101.4.3 Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/.or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. R101.4.4 Plumbing. The provisions of Chapter 18, Article IV. PLUMBING CODE of the aforementioned Code of Ordinances shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewerage system. The provisions of the Maine Subsurface Waste Water Disposal Rules shall apply to private sewage disposal systems. All references to the International Plumbing Code and International Private Sewage Disposal Code are hereby deleted in favor of the applicable section(s) of these regulations. R101.4.5 Energy. The provisions of the Maine Guide to Energy Efficient Construction: A Manual of Accepted Practice (third edition) shall apply to all habitable residential buildings and structures. The provisions of ASHRAE 90B shall be applicable to all occupiable nonresidential buildings and structures. All references to the International Energy Conservation Code are hereby deleted. R102.5 Appendices. Provision in the appendices shall not apply unless specifically referenced on the adopting ordinance. R102.6 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts of the provisions. R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the currently adopted Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. R102.7.1 Additions, alterations, or repairs. Additions, alterations, or repairs to any structure shall conform to that required for a new structure without requiring the existing structure to comply with all the requirements to this code, unless otherwise stated. Additions, alterations, and repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. SECTION R103 DEPARTMENT OF PLANNING AND CODE ENFORCEMENT R103.1 Building official. The department of planning and code enforcement is hereby ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:47 charged with the administration and enforcement of this code. The director of planning and code enforcement and the building inspector, acting under the direction of the director of planning and code enforcement, shall be designated as the municipal building officials for the purpose of administration and enforcement of the code. R103.2 Qualifications of building official. To be eligible for appointment, the candidate for the position shall have had experience as an architect, structural engineer, building inspector, foreman or superintendent of building construction. He shall be in good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process, or device entering into or used in or in connection with building construction, alteration, removal and demolition. R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the director of planning and code enforcement shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. SECTION R104 DUTIES AND POWERS OF BUILDING OFFICIALS R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the applications of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. R104.2 Applications and permits. The building officials shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of building and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. R104.3 Notices and orders. The building official shall issue all necessary notices and orders to ensure compliance with this code. R104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. R104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure at reasonable times to inspect or to ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:48 perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall first make reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by the law to secure entry. R104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. R104.8 Liability. The building official or other employee or appointee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. This section shall remain in effect regardless of the employment status of the building official or other employee or appointee charged with the enforcement of this code. R104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. R104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. R104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code at that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. R104.10.1 Areas prone to flooding. The building official shall not grant modifications to any provision related to areas prone to flooding as established by Table R301.2(1) without the granting of a variance to such provisions by the board of appeals. R104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:49 prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. R104.11.1 Test. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized and accepted test standards. In the absence of recognized and accepted test methods, the building official shall approve the test procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION R105 PERMITS R105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, move, demolish, or change the occupancy of a building or structure, or erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permits. R105.2 Work exempt from permit. Exemptions from permit requirements for this code shall not be deemed to grant authorization for any work to be done in any manner in violations of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 1. Repairs, in accordance with Section 105.2.2. 2. Re roofing, where no structural repairs or improvements are involved. 3. Siding of existing buildings or structures, where no structural repairs or improvements are involved. 4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 5. Prefabricated swimming pools, accessory to one- and two-family dwellings, which have less than 36 inches (915 mm) of water depth capacity and are installed entirely above ground. 6. Swings and other playground equipment accessory to one- and two-family dwellings. 7. Window awnings supported by an exterior wall of one- and two-family dwellings ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:50 R105.2.1 Emergency repairs. When equipment replacement and building repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. R105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements. R105.3 Application for permit. To obtain a permit, the applicant shall first file an application thereof in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 106.1. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. R105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filling. If the application or the construction documents do not conform to the requirements of pertinent laws, the building shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. R105.3.1.1 Substantially improved or substantially damaged existing buildings and structures. For applications for reconstruction, rehabilitation, addition or other improvement of existing buildings or structures located in a area prone to flooding as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value 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 predamage condition. If the building official finds that the value of the proposed work equals or exceeds 50 percent of the market value of the building or structure, the building or structure shall be brought into ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:51 conformance with the requirements of Article XII, Section 4 of Appendix A - Zoning and Land Use Code of the City of Lewiston. R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. R105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. R105.5 Expiration. 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 time 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. R105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code or other municipal ordinance. R105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. R105.8 Responsibility. It shall be the duty of every person who performs work for the installation, construction, or repair of a building or structure, for which this code is applicable, to comply with this code. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:52 design professional if it is found that the nature of the work applied for is such that reviewing of construction documents in not necessary to obtain compliance with this code. R106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approval by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. R106.1.2 Manufacturer's installation instructions. Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection. R106.1.3 Information for construction in areas prone to flooding. For buildings and structures in the flood hazard areas as established by Table 301.2(1), construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries, and flood zones, and the design flood elevation, as appropriate; 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade; and 3. If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. R106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site and distances from lot lines, In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. R106.3 Examination of documents. The building official shall examine or cause to be examined construction documents for code compliance. R106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or his authorized representative. R106.3.2 Previous approvals. The code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:53 authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. R106.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided the adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. R106.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. R106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official as required by state or local laws. SECTION R107 TEMPORARY STRUCTURES AND USES R107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. R107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. R107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the ICC Electrical Code. R107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION R108 FEES R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R108.2 Schedule of permit fees. On buildings, structures, or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:54 R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, final building permit valuation shall be set by the building official utilizing Means Square Foot Costs or similar documents, unless the applicant can show detailed estimates to meet the approval of the building official. R108.4 Work commencing before permit issuance. Any person who commences any work on a building or structure, before obtaining the necessary permit, shall be subject to an additional fee established by the building official that shall be in addition to the required permit fees. R108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. R108.6 Refunds. The building official is authorized to establish a refund policy. SECTION R109 INSPECTIONS R109.1 Types of construction. For on-site Construction, from time to time the building official, upon notification from the permit holder or hid agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. R109.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. R109.1.2 Plumbing, mechanical, gas, and electrical systems inspection. Rough inspection of plumbing, mechanical, gas, and electrical systems shall be made prior to covering and concealment, before fixtures or appliances are set or installed, and prior to framing inspections. Exception: Ground-source heat pump loop systems tested in accordance with Section M2105.1 shall be permitted to be backfilled prior to inspection. R109.1.3 Floodplain inspection. For construction permitted in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, as required in Section R323. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:55 R109.1.4 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, all framing, firestopping, draftstopping, and bracing are in place and after the plumbing, mechanical, and electrical rough inspections are approved. R109.1.5 Other inspections. In addition to the called inspections above, the building department may make or require any other inspections to ascertain compliance with this code and other laws enforced by the building department. R109.1.5.1 Fire-resistance-rated construction inspections. Where fore- resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and /or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished. R109.1.6 Final inspection. Final inspection shall be made after all the permitted work is complete and prior to occupancy. R109.2 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. R109.3 Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work for any inspections that are required by this code. R109.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. SECTION R110 CERTIFICATE OF OCCUPANCY R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy there for as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. R110.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Sections 3405 and 3406 of the International Building Code. R110.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:56 department of building safety, the building official shall issue a certificate of occupancy that shall contain the following: A. The building permit number. B. The address of the structure. C. The name and address of the owner. D. A description of that portion of the structure for which the certificate is issued. E. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. F. The name of the building official. G. The edition of the code under which the permit was issued. H. The use and occupancy I. The type of construction J. Any special stipulations and conditions of the building permit. R110.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. R110.5 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or any regulation or any of the provisions of this code. SECTION R111 SERVICE UTILITIES 111.1 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION R112 BOARD OF APPEALS 112.1 General. The board of appeals hearing matters related to the residential code shall be the board of appeals established by Article IV, Section 4.06 of the City Charter. The rules and regulations governing said board shall apply. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:57 SECTION R113 VIOLATIONS R113.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. R113.2.1 Service of notice of violation. A notice of violation or order may be served in hand to the violator or left with a person of suitable age and discretion at the residence of place of business of the violator or mailed by certified mail, return receipt requested, to the last known address. If the return receipt is not returned, the notice shall be conclusively presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned as undeliverable by the postal service. R113.2.2 Request for appeal. Any person served an order, pursuant to this section, may request a hearing before the board of appeals by filing a written petition for said hearing at the code enforcement office within ten (10) days of the date of service for the order. The board of appeals may sustain, modify, or withdraw such order. The decision of the board of appeals may be further appealed pursuant to the provisions of Rule 80B of the Maine Rules of Civil Procedure. R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. R113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be liable foe a fine as set forth in Chapter 1, Section 1-8 and Chapter 50, Section 50-36 of the Code of Ordinances of the City of Lewiston. SECTION R114 STOP WORK ORDER R114.1 Notice to owner. Upon notice from the building official that work on any building or structure is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:58 will be permitted to resume. R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure 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 subject to penalties as prescribed by law. CHAPTER 2 DEFINITIONS R201.3 Terms defined in other codes. Where conflicts exist regarding definitions of like terms in this chapter and other chapters of this code of ordinances, each definition shall be applied only within the scope of each chapter and shall not be construed to be contradictory. Terms not defined in this code that are defined in other referenced codes shall have the meanings ascribed to them as in those codes. CHAPTER 3 BUILDING PLANNING Climatic and Geographic Design Criteria Ground Snow Load 70 psf Wind Speed 90mph Seismic Design Category B Subject to Damage from: Weathering Severe Frost Line Depth 4”-0” Termites None to Slight Decay None to Slight Winter Design Temperature -5 Ice Shield Underlayment Required Yes Flood Hazards a. Date of adoption of 1st flood management ordinance . . . 10/31/1972 b. Date of currently effective FIRM map . . . 9/28/1979 Air Freezing Index 1500 Mean annual temperature 45.8 Part IV--Energy Conservation Chapter 11 ENERGY EFFICIENCY is hereby deleted. Part VI--Fuel Gas Chapter 24 FUEL GAS is hereby deleted. ---PAGE BREAK--- BUILDINGS AND BUILDING REGULATIONS Lewiston Code Chapter 18 CH 18:59 Part VII--Plumbing Chapter 25 PLUMBING ADMINISTRATION is hereby deleted. Chapter 26 GENERAL PLUMBING REQUIREMENTS is hereby deleted. Chapter 27 PLUMBING FIXTURES is hereby deleted. Chapter 28 WATER HEATERS is hereby deleted. Chapter 29 WATER SUPPLY AND DISTRIBUTION is hereby deleted. Chapter 30 SANITARY DRAINAGE is hereby deleted. Chapter 31 VENTS is hereby deleted. Chapter 32 TRAPS is hereby deleted. Part VIII--Electrical CHAPTER 33 GENERAL REQUIREMENTS is hereby deleted. E3301.1 Applicability. The provisions of the currently adopted edition of the National Electrical Code (NFPA 70) shall cover the installation of electrical systems, equipment and components indoors and outdoors that are within the scope of the aforementioned Electrical Code, including services, power distribution systems, fixtures, appliances, devices and appurtenances. CHAPTER 34 ELECTRICAL DEFINITIONS is hereby deleted. CHAPTER 35 SERVICES is hereby deleted. CHAPTER 36 BRANCH CIRCUIT AND FEEDER REQUIREMENTS is hereby deleted. CHAPTER 37 WIRING METHODS is hereby deleted. CHAPTER 38 POWER AND LIGHTING DISTRIBUTION is hereby deleted. CHAPTER 39 DEVICES AND LUMINAIRES is hereby deleted. CHAPTER 40 APPLIANCE INSTALLATION is hereby deleted. CHAPTER 41 SWIMMING POOL is hereby deleted. CHAPTER 42 CLASS 2 REMOTE-CONTROL, SIGNALING AND POWER-LIMITED CIRCUITS is hereby deleted. (Ord. No. 05-02, 3-10-05)