Chapter 1, Administration, is amended to read as
follows:
Section 1010.0. Scope.
101.1. Title. These regulations shall be known
as the Building Code of the City of Belfast, hereinafter referred
to as "this code."
101.2. Scope. These regulations shall control
all matters concerning the construction, alteration, addition, repair,
removal, demolition, location, occupancy and maintenance of all building
and structures, and shall apply to existing or proposed buildings
and structures, except as such matters are otherwise provided for
in other ordinances or statutes, or in the rules and regulations authorized
for promulgation under the provisions of the code. This code shall
not apply to single-family residences.
101.3. Application of references. Unless otherwise
specifically provided for in this code, all references to chapter
or section numbers, or to provisions not specifically identified by
number, shall be construed to refer to such chapter, section or provision
of this code.
101.4. Intent. This code shall be construed
to secure its expressed intent, which is to ensure public safety,
health and welfare insofar as they are affected by the building construction,
through structural strength, adequate means of egress facilities,
sanitary equipment, light and ventilation, and fire safety, and, in
general, to secure safety to life and property from all hazards incident
to the design, erection, repair, removal, demolition or occupancy
of buildings, structures or premises.
Section 102.0. Applicability.
102.1. General. The provisions of this code
shall apply to all matters affecting or relating to structures, as
set forth in section 101.0. The construction, alteration, repair,
addition and removal of all structures shall comply with this code.
102.2. Existing structures. The legal occupancy
of any structure existing on the date of adoption of this code, or
for which it has been hereto approved, shall be permitted to continue
without change, except as is specifically covered in this code or
the property maintenance or fire prevention codes listed in chapter
35, or as deemed necessary by the code official for the general safety
and welfare of the occupants and the public.
102.3. Matters not provided for. Any requirements
that are essential for the structural, fire or sanitary safety of
an existing or proposed building or structure, or for the safety of
the occupants thereof, which are not specially provided for by this
code, shall be determined by the code official.
102.4. Referenced standards. The standards
referenced in this code and listed in chapter 35 shall be considered
part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of
this code and the referenced standards, the provisions of this code
shall apply.
Section 103.0. Validity.
103.1. Partial invalidity. If 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 or provisions
thereof, which are determined to be legal, and it shall be presumed
that this code would have been passed without such illegal or invalid
parts or provisions.
103.2. Segregation of invalid provisions. Any
invalid part of this code shall be segregated from the remainder of
this code by the court holding such part invalid, and the remainder
shall remain effective.
103.3. Decision involving existing structures. The invalidity of any provisions in any section of this code as
applied to existing buildings and structures shall not be held to
affect the validity of such section in its application to buildings
and structures hereafter erected.
Section 104.0. Office of building inspection.
104.1. Code official. The code enforcement
officer shall also be known as the code official.
104.2. Appointment. The code official shall
be appointed by the chief appointing authority of the jurisdiction,
and the code official shall not be removed from the office except
for cause and after full opportunity to be heard on specific and relevant
charges by and before the appointing authority.
104.3. Organization. The code official shall
appoint such numbers of officers, technical assistants, inspectors
and other employees as shall be necessary for the administration of
this code and as authorized by the appointing authority.
104.4. Deputy. The code official is authorized
to designate an employee as deputy who shall exercise all the powers
of the code official during the temporary absence or disability of
the code official.
104.5. Restriction of employees. An official
or employee connected with the office of code enforcement, except
one whose only connection is that of a member of the board of appeals
established under the provisions of section 121.0, shall not be engaged
in or directly or indirectly connected with the furnishing of labor,
material or appliances for the construction, alteration or maintenance
of buildings, or the preparation of construction documents therefor,
unless that person is the owner of the building, nor shall such officer
or employee engage in any work that conflicts with official duties
or with the interests of the department.
104.6. Relief from personal responsibility. The code official, officer or employee charged with the enforcement
of this code, while acting for the jurisdiction, shall not thereby
be rendered liable personally, and is hereby relieved from all personal
liability for any damage occurring to persons or property as a result
of any act required or permitted 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 the legal
representative of the jurisdiction until the final termination of
the proceedings. The code official or any subordinate shall not be
liable for costs in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any officer of the
department of building inspection, acting in good faith and without
malice, shall be free from liability for acts performed under any
of its provisions or by reason of any act or omission in the performance
of official duties in connection therewith.
Section 105.0. Duties and powers of the code official.
105.1. General. The code official shall enforce
all of the provisions of this code and shall act on any question relative
to the mode or manner of construction and materials to be used in
the erection, addition to, alteration, repair, removal, demolition,
or installation of service equipment and the location, occupancy and
maintenance of all buildings and structures, except as otherwise specifically
provided for by statutory requirements or as provided for in sections
105.2 through 105.8.
105.2. Applications and permits. The code official
shall receive applications and issue permits for the erection and
alteration of buildings and structures, inspect the premises for which
such permits have been issued and enforce compliance with the provisions
of this code.
105.3. Notices and orders. The code official
shall issue all necessary notices or orders to ensure compliance with
this code.
105.4. Inspections. The code official shall
make all of the required inspections, or the code official shall accept
reports of inspection by approved agencies or individuals. All 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 code 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 City manager. The reasonably anticipated cost
of such opinion shall be borne and paid for through advance payment
to the City by the applicant for the cost of such expert opinion.
105.5. Identification. The code official shall
carry proper identification when inspecting structures or premises
in the performance of duties under this code.
105.6. Rule-making authority. (Deleted.)
105.7. Department records. The code 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 of the City.
105.8. (Deleted.)
Section 106.0. Approval.
106.1. Approved materials and equipment. All
materials, equipment and devices approved by the code official shall
be constructed and installed in accordance with such approval.
106.2. Modifications. When there are practical
difficulties involved in carrying out the provisions of this code,
the code official shall have the right to change or modify such provisions
upon application of the owner or the owner's representative,
provided that the spirit and intent of the law is observed and that
the public health, safety and welfare is ensured.
106.2.1. Records. The application for modification
and the final decision of the code official shall be in writing and
shall be officially recorded with the application for the permit in
the permanent records of the department of building inspection.
106.3. Used materials and equipment. Used materials,
equipment and devices shall not be reused unless they have been reconditioned,
tested and placed in good and proper working condition and approved
by the code official.
106.4. Alternative materials and equipment. The provisions of this code are not intended to prevent the installation
of any material or method of construction not specifically prescribed
by this code, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
when the code official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this code, and that
the material and methods of work offered are, for the purpose intended,
at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
Section 107.0. Application for permit.
107.1. Permit application. An application shall
be submitted to the code official for the following activities, and
these activities shall not commence without a permit being issued
in accordance with section 108.0:
1. Construct or alter a structure.
2. Construct an addition.
3. Demolish or move a structure.
4. Make a change of occupancy.
5. Install or alter any equipment which is regulated by this
code.
6. Move a lot line which affects an existing structure.
107.1.1. Repairs. Application or notice to
the code official is not required for ordinary repairs to structures.
Such repairs shall not include the cutting away of any wall, partition
or portion thereof, the removal or cutting of any structural beam
or loadbearing support, or the removal or change of any required means
of egress, or rearrangement of parts of a structure affecting the
egress requirements; nor shall ordinary repairs include addition to,
alteration of, or replacement or relocation of any standpipe, water
supply, sewer, drainage, drain leaders, gas, soil, waste, vent or
similar piping, electric wiring or mechanical or other work affecting
public health or general safety.
107.3. By whom application is made. Application
for a permit shall be made by the owner or lessee of the building
or structure, or agent of either, or by the registered design professional
employed in connection with the proposed work. If the application
is made by a person other than the owner in fee, it shall be accompanied
by an affidavit of the owner or the qualified applicant or signed
statement of the qualified applicant witnessed by the code official
or his designee to the effect that the proposed work is authorized
by the owner in fee and that the applicant is authorized to make such
application. The full names and addresses of the owner, lessee, applicant
and the responsible officers, if the owner or lessee is a corporate
body, shall be stated in the application.
107.4. Description of work. The application
shall contain a general description of the proposed work, the location
of the proposed work, the occupancy of all parts of the building or
structure, and of all portions of the site or lot not covered by the
building or structure, provisions for special inspections required
by section 1705.0, and such additional information as required by
the code official.
107.5. Construction documents. The application
for permit shall be accompanied by not less than two sets of construction
documents. The code official is permitted to waive the requirements
for filing construction documents when the scope of the work is of
a minor nature. When the quality of the materials is essential for
conformity to this code, specific information shall be given to establish
such quality, and this code shall not be cited, or the term "legal"
or its equivalent used, as a substitute for specific information.
107.6. Site plan. Application for a permit
shall be accompanied by a site plan showing to scale the size and
location of all new construction and all existing structures on the
site, distances from lot lines, the established street grades and
the proposed finished grades; and it shall be drawn in accordance
with accurate boundary line survey. In the case of demolition, the
site plan shall show construction to be demolished and the location
and size of all existing structures and construction that are to remain
on the site or plot. When, in the opinion of the code official, any
of the requirements of this section are deemed unnecessary for the
protection of the public health, safety and welfare or for accurately
evaluating a request from an applicant, one or more of the provisions
may be waived provided a written statement is made in the record by
the code official as to why that information is not required to be
produced.
107.6.1. Private sewage disposal system. The
site plan shall indicate the location of a private disposal system
where a public sewer is not available. All technical data and soil
data required by the state subsurface water disposal rules, chapter
241, shall be submitted with the plan.
107.6.2. The plans for connection to municipal
sewer shall be provided.
107.7. Engineering details. The code official
shall require to be filed adequate details of structural, mechanical
and electrical work, including computations, stress diagrams and other
essential technical data. All engineering plans and computations shall
bear the signature and seal of the engineer or architect responsible
for the design as required by section 114.1. If an engineered subsurface
wastewater disposal system is required, all details for such plan
shall be submitted. In the event of connection to municipal sewer,
the details for such connection shall be shown.
107.8. Amendments to application. Subject to
the limitations of section 107.9, amendments to a plan, application
or other records accompanying a plan shall be filed at any time before
completion of the work for which the permit is sought or issued. Such
amendments shall be deemed part of the original application and shall
be filed therewith.
107.9. Time limitation of application. An application
for a permit for any proposed work shall be deemed to have been abandoned
six months after the date of filing, unless such application has been
diligently prosecuted or a permit shall have been issued; except that
the code official shall grant one or more extensions of time for additional
periods not exceeding 90 days each if there is reasonable cause.
Section 108.0. Permits.
108.1. Action on application. The code official
shall examine or cause to be examined all applications, permits and
amendments thereto within a reasonable time after filing. The code
official is authorized to have the plans reviewed by BOCA with the
applicant/owner paying in advance for such review. This review may
be waived by the code official. If the application or the construction
documents do not conform to the requirements of all pertinent laws,
the code official shall reject such application in writing, stating
the reasons therefor. If the code official is satisfied that the proposed
work conforms to the requirements of this code and all laws and ordinances
applicable thereto, the code official shall issue a permit therefor
as soon as practicable.
108.2. Suspension of permit. Any permit issued
shall become invalid if the authorized work is not commenced within
six months after issuance of the permit, or the authorized work is
suspended or abandoned for a period of six months after the time of
commencing the work.
108.3. Previous approvals. This code shall
not require changes in the construction documents, construction or
designated use group of a building for which a lawful permit has been
heretofore issued or otherwise lawfully authorized, and the construction
of which has been actively prosecuted within 90 days after the effective
date of this code and is completed with dispatch.
108.4. Signature to permit. The code official's
signature shall be attached to every permit, or the code official
shall authorize a subordinate to affix such signature thereto.
108.5. Approved construction documents. The
code official shall stamp or endorse in writing both sets of construction
documents "Approved," and one set of the approved construction documents
shall be retained by the code official and the other set shall be
kept at the building site, open to inspection of the code official
or an authorized representative at all reasonable times.
108.6. Revocation of permits. The code official
shall revoke a permit or approval issued under the provisions of this
code in case of any false statement or misrepresentation of fact in
the application or on the plans on which the permit or approval was
based.
108.8. Posting of permit. A true copy of the
building permit shall be kept on the site of operations, open to public
inspection, during the entire time of prosecution of the work and
until the completion of the work.
108.9. Notice of start. A least a twenty-four-hour
notice of start of work under a building permit shall be given to
the code official.
Section 109.0. Temporary structures.
109.1. General. Pursuant to a variance granted
by the board of appeals under the provisions of section 121.0, the
code official shall issue a permit for temporary construction as approved
by the zoning board of appeals. Such permits shall be limited as to
the time of service, but such temporary construction shall not be
permitted for more than one year.
109.2. Special approval. All temporary construction
shall conform to the structural strength, fire safety, means of egress,
light, ventilation and sanitary requirements of this code as necessary
to ensure the public health, safety and general welfare.
109.3. Termination of approval. The code official
is hereby authorized to terminate such special approval and to order
the demolition of any such construction at his discretion, or as directed
by a decision of the zoning board of appeals.
Section 110.0. Demolition of structures.
110.1. Service connections. Before a structure
is demolished or removed, the owner or agent shall notify all utilities
having service connections within the structure such as water, electric,
gas, sewer and other connections. A permit to demolish or remove a
structure shall not be issued until a release is obtained from the
utilities, stating that their respective service connections and appurtenant
equipment, such as meters and regulators, have been removed or sealed
and plugged in a safe manner.
110.2. Notice to adjoining owners. Only when
written notice has been given by the applicant to the owners of adjoining
lots and to the owners of wires or other facilities of which the temporary
removal is necessitated by the proposed work shall a permit be granted
for the removal of a building or structure.
110.3. Lot regulation. Whenever a structure
is demolished or removed, the premises shall be maintained free from
all unsafe or hazardous conditions by the proper regulation of the
lot, restoration of established grades and erection of the necessary
retaining walls and fences in accordance with the provisions of chapter
33.
Section 111.0. Conditions of permit.
111.1. Payment of fees. A permit shall not be issued until all the fees prescribed in chapter
1 have been paid.
111.2. Compliance with code. The permit shall
be license to proceed with the work and shall not be construed as
authority to violate, cancel or set aside any of the provisions of
this code or any other duly adopted state or municipal code, rule,
regulation or law, except as specifically stipulated by modification
or legally granted variation as described in the application.
111.3. Compliance with permit. All work shall
conform to the approved application and the approved construction
documents for which the permit has been issued and any approved amendments
to the approved application or the approved construction documents.
111.4. Compliance with site plan. All new work
shall be located strictly in accordance with the approved site plan.
Section 112.0. Fees.
112.1. General. A permit to begin work for
new construction, alteration, removal, demolition or other building
operation shall not be issued until fees prescribed in this section
shall have been paid to the City, nor shall an amendment to a permit
necessitating an additional fee be approved until the additional fee
has been paid.
112.2. Special fees. The payment of the fee
for construction, alteration, removal, or demolition for all work
done in connection with or concurrently with the work contemplated
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
or ordinance for water taps, sewer connections, electrical permits,
plumbing permits, erection of signs and display structures, marquees
or other appurtenant structures, or fees for inspections, certificates
of occupancy or other privileges or requirements, both within and
without the jurisdiction of the department of code enforcement.
112.3. New construction and alterations. The fees for plan examination, building permits and inspections shall be as prescribed in section 112.3.1, and the appointing authority is authorized to establish by approved rules a schedule of unit rates for buildings and structures of all use groups and types of construction as classified and defined in chapters
1, 3, and
6.
112.3.1. Fee schedule. A fee for each plan
examination, building permit and inspection shall be paid in accordance
with a fee schedule adopted by the City council.
112.4. Accounting. The treasurer shall keep
an accurate account of all fees collected, and such collected fees
shall be deposited, upon receipt, with the treasurer.
112.5. Refunds. (Deleted.)
Section 113.0. Inspection.
113.1. Preliminary inspection. Before issuing
a permit, the code official shall, if deemed necessary, examine or
cause to be examined all buildings, structures and sites for which
an application has been filed for a permit to construct, enlarge,
alter, repair, remove, demolish or change the occupancy thereof.
113.2. Inspections. After issuing a building
permit, the code official may conduct inspections from time to time
during and upon completion of the work for which a permit has been
issued. A record of such examinations and inspections and of all violations
of this code shall be maintained by the code official. The owner shall
provide for special inspections in accordance with section 1705.0
when required by the code official.
113.2.1. Approved inspection agencies. The
code official may accept reports of approved inspection agencies provided
such agencies satisfy the requirements as to qualifications and reliability.
113.2.2. Where required by the provisions of
this code or by the approved rules, materials assemblies shall be
inspected at the point of manufacture or fabrication in accordance
with section 1703.3.
113.3. Final inspection. Upon completion of
the building or structure, and before issuance of the certificate
of occupancy required by section 118.0, a final inspection shall be
made. All violations of the approved construction documents and permit
shall be noted and the holder of the permit shall be notified of the
discrepancies. The issuance of a certificate of use and occupancy
shall entitle the applicant to the use and occupancy of the premises
but shall not constitute a finding or representation by the City or
the code official that all work is, in fact, in accordance with this
code. Prior to the issuance of a certificate of use and occupancy,
the applicant shall provide to the code official a statement by a
certified engineer or architect that the structure and all work relating
thereto has been designed and completed in accordance with the requirements
of this code. The existence of such statement, although required,
shall not be binding upon the code official, who shall have the right
to undertake, as he deems necessary, further inspection to determine
the accuracy of such certification.
113.4. Right of entry. The code official shall
have the authority to enter at any reasonable time any structure or
premises for which a permit has been issued but which has not received
a certificate of occupancy in accordance with section 118.0.
For all other structures or premises, when the code official
has reasonable cause to believe that a code violation exists, the
code official is authorized to enter the structure or premises at
reasonable times to inspect. Prior to entering into a space not otherwise
open to the general public, the code official shall make a reasonable
effort to locate the owner or other person having charge or control
of the structure or premises, present proper identification and request
entry. If requested entry is refused or not obtained, the code official
shall pursue recourse as provided by law.
113.5. Coordination of inspections. Whenever
in the enforcement of this code or another code or ordinance the responsibility
of more than one code official of the jurisdiction is involved, it
shall be the duty of the code officials involved to coordinate their
inspection and administrative orders as fully as practicable so the
owners and occupants of the structure shall not be subjected to visits
by numerous inspectors or multiple or conflicting orders. Whenever
an inspector from any agency or department observes an apparent or
actual violation of some provision of some law, ordinance or code
not within the inspector's authority to enforce, the inspector
shall report the findings to the code official having jurisdiction.
Section 114.0. Professional architectural and engineering services.
114.1. General. The construction documents
for new construction, alteration, repairs, expansion, addition or
modification for buildings or structures shall be prepared by a registered
design professional. All construction document requirements for a
building permit application shall be prepared by a registered design
professional consistent with the professional registration laws of
the state. The construction documents shall include the name and address
of the registered design professional and shall be signed, sealed
and dated by the registered design professional in accordance with
the professional registration laws of the state.
114.2. Special inspections. Special inspections
shall be made in accordance with section 1705.0.
114.2.1. Building permit requirement. This
special inspection requirement shall be determined prior to the issuance
of the building permit and shall be requisite for the permit issuance
as described in section 1705.0.
114.2.2. Fees and costs. All fees and costs
related to the performance of special professional services shall
be borne by the owner and paid in advance to the City.
Section 115.0. Workmanship.
115.1. General. All work shall be conducted,
installed and completed in a workmanlike and acceptable manner so
as to secure the results intended by this code.
Section 116.0. Violations.
116.1. Unlawful acts. It shall be unlawful
for any person, firm or corporation to erect, construct, alter, extend,
repair, remove, demolish or occupy any building or structure or equipment
regulated by this code, or cause such acts to be done, in conflict
with or in violation of any of the provisions of this code.
116.2. Notice of violation. The code official
shall serve notice of violation or order on the person responsible
for the erection, construction, alteration, extension, repair, 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 a certificate
issued under the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition and abatement
of the violation.
116.3. Prosecution of violation. If the notice
of violation is not complied with promptly, the code official shall
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.
116.4. 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 code official, or of a permit or certificate issued
under the provisions of this code, shall be guilty of a civil land
use violation and subject to those penalties set forth in 30-A M.R.S.A.
§ 4452(3). Each day of a violation shall constitute a separate
violation to which the provisions of 30-A M.R.S.A. § 4452
shall apply. All the remedies as set forth in 30-A M.R.S.A. § 4452
shall be available to the City, as well as the right to seek equitable
relief through injunction or temporary restraining order as may be
necessary. In addition, if the City is the prevailing party, the City
shall be entitled to reasonable attorneys' fees, expert witness
fees and costs.
116.5. Abatement of violation. The imposition
of the penalties herein prescribed shall not preclude the legal officer
of the jurisdiction from instituting appropriate action to prevent
unlawful construction or to restrain, correct or abate the violation,
or to prevent illegal occupancy of a building, structure or premises,
or to stop an illegal act, conduct, business or occupancy of a building
or structure on or about any premises.
Section 117.0. Stop work order.
117.1. Notice to owner. Upon notice from the
code 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, the 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 will be permitted
to resume.
117.2. 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 liable for a civil penalty as provided for in 30-A M.R.S.A. § 4452.
Each day of violation shall constitute a separate violation to which
the provisions of 30-A M.R.S.A. § 4452 shall apply.
Section 118.0. Certificate of occupancy.
118.1. General. A certificate of occupancy,
indicating completion of the work for which a permit was issued, shall
be obtained prior to any occupancy of a structure except as provided
in section 118.2.
118.2. Temporary occupancy. Upon the request
of the holder of a permit, a temporary certificate of occupancy shall
be issued before the completion of the entire work covered by the
permit, provided that such portion or portions shall be occupied safely
prior to full completion of the structure without endangering life
or public welfare. Any occupancy permitted to continue during the
work shall be discontinued within 30 days after the completion of
the work unless a certificate of occupancy is issued by the code official.
118.3. Revocation of occupancy certificate. An occupancy certificate may be revoked after written notice and
an opportunity for hearing. Basis for revocation: (1) material misstatement
of fact or information made to the code official, or (2) procurement
of a certificate of occupancy based upon fraud.
118.3A. Issuance of certificate. Upon written
request from the owner of an existing structure, the code official
shall issue a certificate of occupancy, provided that there are not
violations of law and orders of the code official pending, and it
is established after inspection and investigation that the alleged
occupancy of the structure has heretofore existed. This code shall
not require the removal, alteration or abandonment of, or prevent
the continuance of, the occupancy of a lawfully existing structure,
unless such use is deemed to endanger public safety and welfare.
118.4. Contents of certificate. When a structure
is entitled thereto, the code official shall issue a certificate of
occupancy within 10 days after written application. Upon completion
of the final inspection in accordance with section 113.3 and correction
of the violations and discrepancies, the certificate of occupancy
shall be issued. The certificate of occupancy shall specify the following:
1. The edition of the code under which the permit was issued.
2. The use group and occupancy, in accordance with the provisions
of chapter 3.
3. The type of construction as defined in chapter
6.
4. If an automatic sprinkler system is provided, whether the
sprinkler system is required.
5. The hazard classification or storage configuration, including
aisle widths, for which the automatic sprinkler system is designed.
6. The automatic sprinkler and standpipe system demand at the
base of the riser.
7. Any special stipulations and conditions of the building permit.
Section 119.0. Unsafe structures and equipment.
119.1. Conditions. All structures or existing
equipment which are or hereafter become unsafe, unsanitary or deficient
because of inadequate means of egress facilities, or 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 or which are not structurally
sound, shall be deemed an unsafe condition. All unsafe structures
shall be taken down and removed or made safe, as the code official
deems necessary and as provided for in this section. A vacant structure
that is not secured against entry shall be deemed unsafe.
119.2. Record. The code 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.
119.3. Notice. If an unsafe condition is found,
the code 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 improvement 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 code official
acceptance or rejection of the terms of the order.
119.4. Method of service. Such notice shall
be deemed properly served if a copy thereof is (a) delivered to the
owner personally, or (b) sent by certified or registered mail addressed
to the owner at the last known address with return receipt requested.
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 a 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.
119.5. Restoration. The structure or equipment determined to be unsafe by the code 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 changes of occupancy shall comply with the requirements of section 107.1.1 and chapter
34.
Section 120.0. Emergency measures.
120.1. Imminent danger. When, in the opinion
of the code official, there is imminent danger of failure or collapse
of a building or structure or any part thereof which endangers life,
or when any structure or part of a structure has fallen and life is
endangered by the occupation of the building or structure, the code
official is hereby authorized and empowered to order and require the
occupants to vacate the building or structure forthwith. The code
official shall cause to be posted at each entrance to such structure
a notice reading as follows: "This structure is Unsafe and its Occupancy
has been prohibited by the Code Official." It shall be unlawful for
any person to enter such structure except for the purpose of making
the required repairs or of demolishing the structure.
120.2. Temporary safeguards. When, in the opinion
of the code official, there is imminent danger due to an unsafe condition,
the code official shall cause the necessary work to be done to render
such structure temporarily safe, whether or not legal procedure herein
described has been instituted.
120.4. Emergency repairs. For the purposes
of this section, the code official shall employ the necessary labor
and materials to perform the required work as expeditiously as possible.
120.5. Costs of emergency repairs. Performance
of emergency work may be initially paid for from the City treasury
upon approval of the code official and the City manager. The cost
incurred in the performance of emergency work shall be the responsibility
of the owner. The legal counsel of the City shall institute appropriate
action against the owner of the premises to recover such emergency
repair costs initially paid by the City.
120.6. Unsafe equipment deemed unsafe by the
code official shall not be operated after the date stated in the notice
unless the required repairs or changes have been made and the equipment
has been approved, or unless an extension of time has been secured
from the code official in writing.
120.6.1. Authority to seal equipment. In the
case of an emergency, the code official shall have the authority to
seal out of service immediately any unsafe device or equipment regulated
by this code.
120.6.2. Unlawful to remove seal. Any device
or equipment sealed out of service by the code official shall be plainly
identified in an approved manner. The identification shall not be
tampered with, defaced or removed except by the code official and
shall indicate the reason for such sealing.
Section 121.0. Means of appeal.
121.1. Application for appeal. Any person shall have the right to file an administrative appeal of a decision of the code enforcement officer to the zoning board of appeals as established in article
VI, section 11 of the Charter, and in accordance with provisions stipulated in chapter
102, Zoning, article
II, Administration, division 4, Appeals and Variances.
121.2. Deleted.
121.3. The zoning board of appeals is specifically
prohibited from giving consideration to the granting of a variance
from the provisions of this code.
121.4. Deleted.