[Ord. No. 2002.10, 2-5-2002; Ord. No. 2004.35, 6-1-2004]
There is hereby adopted by the City for the purpose of establishing
rules and regulations for the construction, alteration, removal, demolition,
equipment, use and occupancy, location and maintenance of buildings
and structures, including permits, that certain building code known
as the International Building Code 2003, and International Residential
Code 2003, of which not less than one copy is on file in the office
of the City Clerk. Such code is hereby adopted and incorporated as
fully as if set out at length in this article. The provisions thereof
shall be controlling in the construction of all buildings and structures
therein contained within the corporate limits of the City.
[Ord. No. 2002.10, 2-5-2002; Ord. No. 2004.35, 6-1-2004; Ord. No. 2005.67, 8-2-2005]
A.
The building code adopted in Section 18-76 shall be amended as follows:
(1)
Section 101.1, Title (page 1): Insert "City of Biddeford."
(3)
Section 101.4.4, Plumbing (page 1): "International Plumbing
Code" and "State of Maine Internal Plumbing Code, Chapter 238."
(4)
Section 105.1, Required (page 3): Delete the words "gas, mechanical"
without replacement.
(5)
Section 105.1.1, Annual permit (page 3): Delete entire section
without replacement.
(6)
Section 105.1.2, Annual permit records (page 3): Delete entire
section without replacement.
(7)
Section 105.2, Work exempt from permit (page 3): Delete the
following items 1, 2, 4, 5, 8, 9 under the heading "Building" without
replacement. Delete all items under the heading "Gas" and insert "No
local permit required for Gas Installations." Delete all items under
the heading "Mechanical" and insert "No local permit required for
Mechanical Installations."
(8)
Section 105.5, Expiration (page 4): Delete entire section and
replace as follows:
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"Time limitation of permits: A building permit issued under
the provisions of this code shall become void if work has not commenced
within six months of the date of approval and shall expire one year
from the date of issue. A building permit may be renewed once for
a one-year period upon submission of an application and payment of
the prescribed fee. All codes, ordinances and statutes in effect at
the time of the renewal application must be complied with before said
permit is issued."
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(10)
Section 112.1, Board of Appeals, General (page 8): Insert "The
Biddeford Zoning Board of Appeals shall serve as the Board of Appeals."
after the first sentence.
(11)
Section 1025.2, Minimum size (page 223): Delete exception without
replacement.
(12)
Section 1612.3, Establishment of flood hazard areas (page 300):
Insert "City of Biddeford" and "November 20, 1990."
(13)
Section 1612.4, Design and construction (page 301): Delete the
period at the end of the section and insert "and Article XII of the
Code of the City of Biddeford."
(14)
Section 2111, Masonry Fireplaces (page 427): Delete entire section
and insert "Masonry Fireplaces shall be constructed to the standards
found in NFPA 211, Standard for Chimneys, Fireplaces, Vents and Solid
Fuel-Burning Appliances, 2002 Edition."
(15)
Section 2112, Masonry Heaters (page 431): Delete entire section
and insert "Masonry Heaters shall be constructed to the standards
found in NFPA 211, Standard for Chimneys, Fireplaces, Vents and Solid
Fuel-Burning Appliances, 2002 Edition."
(16)
Section 2113, Masonry Chimneys (page 431): Delete entire section
and insert "Masonry chimneys shall be constructed to the standards
found in NFPA 211, Standard for Chimneys, Fireplaces, Vents and Solid
Fuel-Burning Appliances, 2002 Edition."
(18)
Section 2702.1, Installation (page 543): Delete "the ICC Electric
Code" insert "NFPA 70 National Electrical Code (NEC)."
(19)
Section 2702.2.8, Membrane structures, Section 2702.10, Highly
toxic and toxic materials, Section 2702.11, Organic peroxides, Section
2702.12, Pyrophoric materials (page 543): Delete "International Fire
Code" and insert "NFPA 1."
(20)
Section 2702.3, Maintenance (page 543): Delete "the International
Fire Code" and insert "NFPA 110, Standard for Emergency and Standby
Power."
(21)
Section 2801.1, Scope (page 545): Delete "International Fuel
Gas Code" and insert "NFPA 54 National Fuel Gas Code."
(22)
Section 2901.1, Scope (page 547): Insert "State of Maine Internal
Plumbing Code, Chapter 238." Delete International Private Sewage Disposal
Code" and replace with "Maine Subsurface Wastewater Disposal Rules,
Chapter 241."
(23)
Section 2902.1.1, Unisex toilet and bath fixtures (page 549):
Insert "the State of Maine Internal Plumbing Code, Chapter 238."
(24)
Chapter 30, Elevator and Conveying Systems (page 551 through 553); Delete the entire chapter and insert "All Elevator and Conveying Systems installed shall comply with the Maine State Elevator Regulations found in Title 32, Chapter 133 of the Maine Revised Statutes, Annotated."
(25)
Chapter 32, Encroachments into the Public Way (page 561): Delete
the entire section without replacement.
(26)
Section 3305.1, Facilities required (page 563): Delete "the
International Plumbing Code" and insert "Federal and State OSHA requirements."
(27)
Section 3309.2, Fire hazards (page 565): Delete "International
Fire Code" and insert "NFPA 1."
(28)
Section 3401.3, Compliance with other codes (page 567): Delete
"in the International Fire Code" insert "NFPA 1," insert "State of
Maine Internal Plumbing Code Chapter 238, International Private Sewage
Disposal Code," insert "State of Maine Subsurface Wastewater Disposal
Code, and ICC Electric Code insert City of Biddeford's Electrical."
(29)
Section 3410.2, Applicability (page 570): Insert "the effective
date of adoption of the International Building Code, 2003 Edition."
B.
The following IRC sections are hereby revised or adopted:
(1)
Section R101.1 (page 1): Insert "City of Biddeford."
(2)
Section [EB] R102.7 (page 1): Insert "NFPA 1" in place of "International
Fire Code."
(4)
Section R112.1 (page 7), Board of Appeals, General: Insert "Biddeford's
Zoning Board of Appeals shall serve as the Board of Appeals." after
the first sentence.
(5)
Table R301.2(1) (page 24): Insert the following:
a.
Under "Ground Snow Load (pounds per square foot)" insert "60."
b.
Under "Wind Pressure (pounds per square foot)" insert "100."
c.
Under "Seismic Condition by Zone" insert "C."
d.
Under "Weathering" insert "severe."
e.
Under "Front Line Depth" insert "48 inches."
f.
Under "Termite" insert "none to slight".
g.
Under "Decay" insert "none to slight."
h.
Under "Winter Design Temperature for Heating Facilities" insert
"to –5° F."
i.
Under "Ice Shield Underlayment Required" insert "Yes."
j.
Under "Flood Hazards" insert "November 20, 1990" date of adoption
of the Floodplain Management Ordinance of the City of Biddeford.
k.
Under "Air Freezing Index" insert "1500."
l.
Under "Mean Annual Temperature" insert "45° F."
(6)
Section R309.3 (page 49): Add the following to the end of the
section: "The sills of all door openings between garages and adjacent
interior spaces shall be raised not less than four inches above the
garage floor."
(7)
Section R310.1.1 (page 50): Delete the exception.
(8)
Section R311.6, Ramps: Add non ADA Accessible Ramps.
(9)
Section R311.6.1 (page 52): Change "eight units horizontal"
to "12 units horizontal."
(10)
Section R323 (page 58): Delete entire section and insert "For Flood Resistant Construction, refer to Article III of the Code of the City of Biddeford, Maine."
(11)
Section M1301.1.1 (page 291): Delete "Section 323.1.5" and replace with "Article III of the Code of the City of Biddeford, Maine."
(12)
Section M1401.5 (page 297): Delete "Section R323.1.5" and replace with "Article III of the Code of the City of Biddeford, Maine."
(13)
Section M2001.4 (page 321): Delete "Section R323.1.5" and replace with "Article III of the Code of the City of Biddeford, Maine."
(14)
Chapter 24, Fuel Gas (pages 331 to 386): Delete chapter and
refer to applicable NFPA Standards as adopted by the State of Maine.
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Chapters 26 through 32 (pages 389 through 434): "All Plumbing may be installed in accordance with the State of Maine Internal Plumbing Code, Chapter 238."
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(15)
Appendix A is deleted.
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Appendix I (page 573): Delete "International Private Sewage
Disposal Code" and insert the words "Maine Subsurface Wastewater Disposal
Rules, Chapter 241."
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[Ord. No. 2002.10, 2-5-2002]
A person who shall violate a provision of the code adopted by
this article or fails to comply therewith or with any of the requirements
thereof, or who shall erect, construct, add to or alter, move or demolish,
or who has erected, constructed, added to or altered, moved or demolished
a building or structure or portion thereof, in violation of a detailed
statement or plan submitted and approved there under, or of a permit
or certificate issued there under, shall be guilty of a violation
of this section; also, the owner of a building or structure, or portion
thereof, or of the premises where anything in violation of such code
shall be placed or shall exist, and an architect, engineer, builder,
contractor, agent, person or corporation employed in connection therewith
and who assisted in the commission of such violation shall be guilty
of a violation of this section.
[Ord. No. 2002.10, 2-5-2002]
The following words, terms and phrases, when used in the code adopted in Section 18-76, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Inspector of Buildings or the Building Inspector of the
City.
The City Solicitor of the City.
The City.
[Ord. No. 2002.10, 2-5-2002]
In the event of a conflict between the provisions of the building
code adopted by this division and any express provision of this code
or other ordinance of the City, the stricter provision of the code
or other ordinance shall prevail.
[Ord. No. 2002.10, 2-5-2002]
(a)
All persons intending to erect or to make any alteration in the external
walls of any building of any description, any part of which is to
be placed upon or within 10 feet of any of the public streets or alleys
of the City, shall, before they proceed to erect the same, or to lay
the foundation thereof, or to make such alteration, give notice in
writing of such intention with the precise location and the name of
the owner of the land to the Director of Public Works. Such notice
shall be given 15 days at least before doing any act for carrying
such intention into execution, in order that any encroachment or any
other injury or inconvenience to such streets or alleys may be thereby
prevented; and in default thereof the City shall be discharged from
all damages of any nature whatsoever resulting from the failure to
give notice as aforesaid, particularly from all such damages as have
been enhanced or occasioned by reason of anything done previously
to or without such notice.
(b)
If any person neglects to give the notice required by this section, he shall be subject to the penalty provisions of Section 1-12, and every 12 hours that he neglects to give notice after he begins building or erecting the same, or laying the foundation thereof or making such alteration, shall constitute a separate violation of this section. Such penalty shall be recovered by complaint and warrant before any court of competent jurisdiction.
[Ord. No. 2002.10, 2-5-2002]
It shall be the duty of the Director of Public Works whenever notice has been given as required by Section 18-80 to proceed forthwith and mark out and define the lines and bounds of the public streets or alleys adjoining the estate of any person giving such notice; provided, that in case any uncertainty exists as to the location of such line, arising from the absence of original, established or accepted bounds, or any other cause whatsoever, the Director of Public Works shall report such fact to the Council in order that such action as may be necessary to the best interests of the City may be taken.
