[HISTORY: Adopted by the Town Meeting of the Town of Madison
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-2012]
The purpose of this article is to protect the health and safety
of the citizens of Madison, and to present in a unified format those
state statutes effecting building safety that the citizens are responsible
for complying with. By combining varied state laws under one local
ordinance, the citizens will have a single document rather than many
separate and unconnected statutes.
This article is authorized in accordance with 30-A M.R.S.A.
§ 3001. Further authority is derived from 25 M.R.S.A. § 2351.[1]
[1]
Editor's Note: 25 M.R.S.A. § 2351 was repealed
by Laws 2009, c. 261, § B-1, effective 12-1-2010.
This article is applicable to all new structures, both principal
and accessory, that are intended for human habitation or occupancy,
including manufactured and prefabricated structures, and to the renovation
and repair of existing structures.
This article is effective when approved by the voters of the
Town of Madison.
Copies of this article are available free of charge at the municipal
building.
Copies of this article are available free of charge at the municipal
building.
Whenever a provision of this article conflicts with, or is inconsistent
with, the provisions of this or any other ordinance, the more restrictive
provision shall control.
This article may be amended by vote of the legislative body.
Amendments may be proposed by the Code Enforcement Officer (CEO),
the Fire Chief, the Selectmen, or by citizen petition.
A.
Purpose: This section allows the continued use of legal nonconforming
structures that existed prior to the enactment of this article and
that are determined not to be a hazard.
B.
General: A structure is considered nonconforming if it was erected
or placed prior to the effective date of this article, without an
inspection by the Code Enforcement Officer or the Fire Chief and for
which a certificate of occupancy has not been issued.
C.
Nonconforming structures: Any nonconforming structure can be used,
and occupied, providing it meets, to the greatest extent possible,
the standards of this article. Nonconforming structures may be expanded,
and a certificate of occupancy may be issued, provided that the expansion
does not further increase the nonconformity of the structure. If a
nonconforming structure is destroyed by fire, flood, or other cause,
it may be rebuilt, and a certificate of occupancy may be issued, provided
that the new structure meets the provision of this article to the
greatest extent possible; and provided that any structure in the special
flood hazard area that is destroyed by 50% or greater is elevated
at least one foot above the base flood elevation as is required by
the Floodplain Management Ordinance.[1]
D.
Nonconforming lots: Any nonconforming lot of record in existence
prior to the effective date of this article may be used and built
upon, provided that all provisions of this article except setback
can be met.
All structures constructed, placed, expanded, reconstructed
or repaired, after the effective date of this article and any amendments
thereto, shall meet those chapters of the National Fire Protection
Association adopted by the Department of Public Safety, State Fire
Marshal's office; the Maine State Plumbing Code; National Electrical
Code; and the Madison Floodplain Management Ordinance.[1]
A.
Setbacks.
(1)
All new principal and accessory structures, and expansions of existing
structures that do not have common walls, or firewalls and sprinklers,
must be set back a minimum of 15 feet from side and rear property
lines and from the front line a distance to be determined by the Road
Commissioner, but not less than 10 feet.
[Amended 6-12-2017]
(2)
The physical location of the property lines is the responsibility
of the property owner or his or her agent.
B.
Buildings with common walls: Any new principal or accessory structure
that has a common wall with a structure on an adjacent lot may be
constructed without a setback from the property line, provided that
the building is a sprinkled structure and/or is fire-resistant construction
as determined by the Code Enforcement Officer, Fire Chief, or their
designee. All other setbacks must be maintained except for the common
wall(s).
C.
Buildings with fire walls: Any new principal or accessory structure,
or expansion of an existing structure, that has a fire wall as defined
in the most recent edition of the National Fire Protection Association
Section 5000 (NFPA 5000) and is a sprinkled structure may be constructed
without a setback from the rear or side property lines, provided that
the construction and the building plans are approved, in writing,
by the Code Enforcement Officer and Fire Chief prior to the start
of construction.
D.
Any building, except a single-family residential structure, that
has early detection devices (fire alarms and/or sprinklers) shall
have an emergency access box, approved by the Fire Chief and installed
per manufacturer's instructions.
B.
Notification required: Anyone constructing, or placing, a new principal
or accessory structure and anyone repairing, renovating or reconstructing
an existing structure must notify the administering agents on forms
provided by the Town, prior to starting work.
C.
Procedure for conducting inspections: Within 48 hours of receiving notice that a building is ready for inspection, the administering agents shall conduct an inspection in accordance with the specifications of the ordinances identified in § 165-10.
D.
Issuance of certificate of occupancy.
(1)
Upon successful completion of the inspection and upon payment of
an inspection fee as determined by the administering agents(s), the
administering agents shall issue a certificate of occupancy for the
structure inspected.
(2)
If an inspection identifies defects or problems, a certificate of
occupancy shall not be issued until the problems or deficiencies are
corrected. In addition, for those ordinances that require legal action
to be taken, such action will commence if the problems or deficiencies
are not corrected within the time frame established by this article
or the ordinance being enforced, whichever is shorter.
E.
Appeals: The Board of Appeals shall have the following powers:
(1)
Administrative appeals: to hear and decide appeals where it is alleged
that there is an error in any order, requirements, decision, or determination
made by, or failure to act by, the Code Enforcement Officer or Fire
Chief on the enforcement or administration of this article. No administrative
appeal shall be considered a "de novo" action.
(2)
Variance appeals: to authorize variances upon appeal, provided that
said variances will protect to the greatest extent possible the health
and safety of the citizens of Madison.
F.
Enforcement: The administering agents will enforce the provisions
of this article. When the CEO or Fire Chief finds that this article
is being violated, the following procedure will be used:
(1)
A written notification will be given to the violator, with the action
necessary to correct the problem. The violator will be given a maximum
of 30 days to complete the correction.
(2)
If the violation is not corrected after the second notification,
the administering agent shall inform the Selectmen. The Selectmen
are directed to institute any and all actions and proceedings, either
legal or equitable, including seeking injunctions of violators and
the imposition of fines that may be appropriate or necessary to enforce
the provisions of this article in the name of the municipality. The
Selectmen can authorize the CEO to prepare an administrative consent
agreement for the Town to enter into, with the violator, for the purpose
of eliminating violations of this article, and recovering fines without
court action. Such agreements shall not allow an illegal structure
to continue unless there is clear and convincing evidence that the
illegal structure was constructed as a direct result of erroneous
advice given by an authorized municipal official and there is no evidence
that the violator acted in bad faith, or unless the removal of the
structure will result in a threat or hazard to public health and safety.
Words and terms used in this article shall have their customary dictionary meanings unless specifically defined in the individual standards identified in § 165-10.
[Adopted 6-11-2012]
This article shall be known and may be cited as the "Maine Uniform
Building and Energy Code Administrative Ordinance" of the Town of
Madison, Maine.
The purpose of this article is to establish administrative and
enforcement provisions in relation to the Maine Uniform Building and
Energy Code (MUBEC). The Town has authority to enact building code
provisions relating to local enforcement, per 10 M.R.S.A. § 9724(5).
In accordance with 25 M.R.S.A. § 2373, the MUBEC must
be enforced in the Town of Madison beginning July 1, 2012. The Town
is required to enforce the MUBEC through inspections that comply with
the code. In accordance with 25 M.R.S.A. § 2373(4), the
Town has chosen the Building Official option. The MUBEC shall be administered
within the Town of Madison by the Town's duly appointed Building
Official.
The Building Official's duties shall be as outlined in
the MUBEC, and shall include but are not limited to:
A.
Receive permit applications, examine construction documents and issue
permits for the erection and alterations of buildings and structures.
B.
Inspect premises for which permits are issued. Make all required
inspections, or accept reports of inspection by approved agencies.
C.
Enforce compliance with the provisions of the code and issue notices
or orders to ensure compliance, including suspending or revoking permits.
D.
Render interpretations of the MUBEC and adopt policies and procedures
to clarify the application of its provisions.
E.
Keep official records or applications received, permits and certificates
issued, fees collected, reports of inspections and notices and orders
issued.
F.
Collect any fees due.
G.
Refer permits requiring subdivision, site plan review and shoreland
zoning review to the Planning Board as required.
H.
Investigate complaints and act on violations as outlined herein.
I.
Issue certificates of occupancy as per 25 M.R.S.A. § 2357-A
and the MUBEC.
Building permits are required as per the MUBEC and shall expire
as specified therein. No building permit shall be issued by the Building
Inspector until such time that the applicant submits a completed building
permit application. Such application shall:
A.
Identify and describe the work to be covered by the permit for which
application is made.
B.
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.
C.
Indicate the use and occupancy for which the proposed work is intended.
D.
Be accompanied by construction documents and other information as
required by MUBEC.
E.
State the valuation of the proposed work.
F.
Be signed by the applicant or the applicant's authorized agent.
G.
Give such other data and information as required by the Building
Official.
The Building Official shall examine applications and shall either
issue the requested permit or transmit notice of refusal to the applicant,
in writing, stating the reasons therefor. All other permits required
for the proposal shall be obtained prior to issuance of the building
permit.
In accordance with the MUBEC, upon notification, the Building
Official 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 wherein the same fails to comply.
Any portions that do not comply shall be corrected, and such portion
shall not be covered or concealed until authorized by the Building
Official. Work shall not be done beyond the point indicated in each
inspection without first obtaining the approval of the Building Official.
A.
Prior to issuance of a permit, the applicant shall be required to
pay a nonrefundable application fee. No building permit shall be issued
until all fees due have been paid.
B.
All fees required by this article shall be established by the Board
of Selectmen and published within a schedule of fees, which the Selectmen
may amend from time to time according to the procedures required for
taking actions at meetings of the Board.
After issuance, any modifications to a permit application shall
require a revised permit application and a revised permit prior to
beginning work.
The Building Official shall issue a certificate of occupancy
per 25 M.R.S.A. § 2357-A and in accordance with the MUBEC
prior to a building or structure being used or occupied and prior
to a change in the existing occupancy classification.
Enforcement and penalties shall be consistent with 30-A M.R.S.A.
§ 4452. It shall be unlawful to erect, construct, alter,
extend, repair, move, remove, demolish or occupy any building, structure
or equipment regulated by the MUBEC, or cause the same to be done,
in conflict with or in violation of any of the provisions of the MUBEC.
If the Building Official finds that any of the provisions of this
article are being violated, he shall serve a notice of violation on
the person responsible for the violation. Such notice shall direct
the discontinuance of the illegal action or condition and the abatement
of the violation. The Building Official shall be responsible for initial
efforts to enforce the provisions of this article, but enforcement
cases shall be turned over to the Board of Selectmen if the matter
requires prosecution in court.
Any person, firm or corporation owning or having control of
any building or premises or part thereof who violates any of the provisions
of this article commits a civil violation and is subject to civil
penalties under 30-A M.R.S.A. § 4452. Each day such violation
or failure to comply is permitted to exist, after notification of
the Building Official, shall constitute a separate violation. All
fines shall be paid to the Town of Madison.
In accordance with 25 M.R.S.A. § 2356 and 30-A M.R.S.A.
§ 4103(5), an appeal may be taken, in writing, from any
order or direction of the Building Official to the municipal officers.
Fees for appeals shall be established as outlined above.
[Amended 6-12-2017; 6-10-2019]
In the event that any person is found to have begun work prior
to obtaining a permit as required, the permit fees otherwise set forth
in the schedule of fees shall be doubled.
If any provision of this article is found by a court of competent
jurisdiction to be invalid, this finding shall not affect the remainder
of this article.
The effective date of this article shall be July 1, 2012.
