[Adopted 6-17-2020 ATM
by Art. 27]
As used in this bylaw, the following terms shall have the meanings
indicated:
INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 2015
A building code created by the International Code Council.
It is a model code adopted by many state and municipal governments
in the United States for the establishment of minimum design and construction
requirements for energy efficiency. The baseline energy conservation
requirements of the MA State Building Code will default to IECC 2015
and MA amendments.
STRETCH ENERGY CODE
Codified by the Board of Building Regulations and Standards
as 780 CMR Appendix 115.AA, the Stretch Energy Code is the International
Energy Conservation Code (IECC) 2015 with amendments contained herein.
The purpose of 780 CMR 115.AA is to provide a more energy-efficient
alternative to the base energy code applicable to the relevant sections
of the Building Code for new buildings.
This code applies to residential and commercial buildings. Buildings
not included in this scope shall comply with 780 CMR 13 or 34, as
applicable.
A municipality seeking to ensure that construction within its
boundaries is designed and built above the energy-efficiency requirements
of 780 CMR may mandate adherence to this appendix. 780 CMR 115.AA
may be adopted or rescinded by any municipality in the commonwealth
in the manner prescribed by law.
[Adopted 6-17-2020 ATM
by Art. 27]
When used in this bylaw, the following terms shall have the
following meanings, unless a contrary intention clearly appears:
DAYS
Consecutive calendar days.
FORECLOSED
A residential, commercial or industrial property, placed
as security for a real estate loan, as to which all rights of the
mortgagor or his grantee in the property have been terminated as a
result of a default of the loan.
FORECLOSING
The process by which a property, placed as security for a
real estate loan, is prepared for sale to satisfy the debt if the
borrower defaults.
INSPECTOR
The Building Inspector of the Town of Plympton or his/her
designee.
LOCAL
Within 20 miles of the property in question.
MORTGAGEE
The creditor, including but not limited to service companies,
lenders in a mortgage agreement, or any successor in interest and/or
assignee of the mortgagee's rights, interests or obligations under
the mortgage agreement.
OWNER
Every person, entity, service company, trustee or nominee,
property manager or real estate broker who alone or severally with
others has legal or equitable title to any property or has care, charge
or control of any property in any capacity, including but not limited
to agent, executor, executrix, administrator, administratrix, trustee
or guardian of the estate of the holder of legal title; or mortgagee
in possession of any such property; or is an agent, trustee or other
person appointed by the courts and vested with possession or control
of any such property; or is an officer or trustee of the association
of unit owners of a condominium. Each such person is bound to comply
with the provisions of these minimum standards as if he/she were the
owner. However, this bylaw shall not apply to a condominium association
created pursuant to MGL c. 183A to the extent that such association
forecloses on or initiates the foreclosure process for unpaid assessments
due or owing to the association.
PROPERTY
Any residential, commercial or industrial property, or portion
thereof, located in the Town including but not limited to buildings
and structures situated on the property; excepted from this definition
is any and all property owned by the Town, the state, or the federal
government.
RESIDENTIAL PROPERTY
Any property that contains one or more units used, intended,
or designed to be occupied for living purposes.
TOWN
The Town of Plympton.
VACANT
A residential, commercial or industrial property which has
not been actively used or occupied within the preceding 60 days. This
definition does not include property that is unoccupied while undergoing
renovations, or while undergoing repairs due to fire or other casualty,
or to residential property that is temporarily vacant due to seasonal
absences.
Pursuant to the State Building Code, the Inspector or his/her
designee shall have the authority and the duty to inspect properties
subject to this bylaw for compliance with this bylaw and to issue
citations for any violations. The Inspector or his/her designee shall
have the discretion to determine when and how such inspections are
to be made, provided such determination is reasonably calculated to
ensure that this bylaw is enforced. Except in the case of emergency,
the Inspector or his/her designee will obtain the consent of the owner,
occupant or property manager or an administrative search warrant prior
to entering any areas not open to the public.
Any persons aggrieved by the requirements of this bylaw or by
a decision issued hereunder may seek relief in any court of competent
jurisdiction as provided by the laws of the commonwealth.
If any provision of this bylaw is held to be invalid by a court
of competent jurisdiction, then such provisions shall be considered
separately and apart from this bylaw's remaining provisions, which
shall remain in full force and effect.