This chapter shall be known and cited as the "Town of Ogunquit Building Code Regulations."
The purpose of this chapter is to provide minimum standards for the preservation of life, property, environment, and health and the general safety and welfare of the public, owners, inhabitants and users of all dwellings, buildings, premises and structures within the Town of Ogunquit.
Authority to enact this chapter is found generally in the Maine Revised Statutes Annotated, Title 30-A, more specifically, but not limited to, §§ 3002, 3003 and 4452, which authorize the Town to adopt nationally recognized codes by reference and grant enforcement authority to municipal officials.
This chapter shall control all matters concerning the erection, construction, alteration, addition, repair, removal, demolition, location, occupancy, remodeling and maintenance of all buildings and structures, except as otherwise may be preempted under applicable federal and/or state regulations.
A.
In the event any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid by a court of competent jurisdiction, all other parts and provisions of this chapter not so declared invalid shall remain in full force and effect.
B.
Nothing in this chapter shall be construed to affect any suit or proceeding impending in any court, or rights acquired, or liability incurred, or any causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 36-7 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
In the event of conflicting provisions in this chapter and any of the terms or provisions of the codes adopted by reference or state law, or conflicts with any other applicable regulations pertaining to land use, buildings, zoning, etc., the more restrictive standard shall apply.
This chapter shall hereby supersede and replace all applicable Town of Ogunquit Building Code regulations previously adopted as they may pertain to the codes and regulations set forth herein, including but not limited to the Ogunquit Building Code adopted in March 1982, amended in April 1988 and amended in April 1997, and an ordinance for adoption of the 1994 NFPA Life Safety 101 Code approved by the voters at a June 10, 1997, Special Town Meeting.
The positions of Code Enforcement Officer and Deputy Code Enforcement Officer are hereby established in accordance with the provisions of 30-A M.R.S.A. § 2601-A, whereby the persons so appointed shall also serve as Building Official, Building Inspector and Local Plumbing Inspector, with all of the statutory authority under Maine law as may be applicable thereto, and with all of the authority as specified in § 36-9 of this chapter, together with such other duties as the Town may assign, subject to all applicable provisions of the Town's personnel rules. The term "Code Enforcement Officer" as used herein shall also refer to the Deputy Code Enforcement Officer throughout this chapter, to the extent that a person appointed as Deputy Code Enforcement Officer is otherwise qualified by law and so authorized by the Code Enforcement Officer.
Notwithstanding any additional duties that are set forth in other state statutes and Town ordinances or those that may be prescribed in accordance with the Town's personnel rules, the Code Enforcement Officer shall serve as the Building Official and shall administer and enforce all of the provisions of this chapter and the nationally recognized codes adopted by reference herein and the plumbing and electrical codes adopted by the State of Maine. Additionally, the Building Official shall have the authority to perform all necessary inspections; issue permits as provided herein; issue certificates of occupancy as provided herein; issue stop-work orders in accordance with procedures described in the nationally recognized codes adopted by reference herein; and represent the Town of Ogunquit in District Court in the prosecution of alleged violations of this chapter pursuant to the authority set forth in 30-A M.R.S.A. § 4452(1)(C). Furthermore, it shall be the duty of the Building Official to keep the official records of his/her office, to include applications, permits, certificates, reports of inspections, written correspondence and decisions, notices, orders, enforcement action, etc. All such records, except those specifically excluded by state law, shall be made available to any member of the public during normal business hours of the municipal offices. Also, the Building Official is hereby empowered to consult with any and all other federal, state and local government officials (such as the Ogunquit Fire Chief) for assistance in the administration and enforcement of this chapter, to the extent that any such official may have specific knowledge or a high degree of expertise related to the nationally recognized codes referenced herein.
[Amended 6-8-2021 ATM by Art. 9]
The Ogunquit Select Board is hereby authorized to establish a schedule of fees for permits and inspections covered under this chapter in accordance with the provisions of 30-A M.R.S.A. § 4355. These fees may be amended from time to time as deemed necessary by the Select Board upon a majority vote at any duly posted, public meeting.
Any person who violates any provision of this chapter may be subject to a stop-work order and/or a civil penalty in a minimum amount of $100 per violation per day with a maximum fine of up to $2,500 per violation per day as set forth in the provisions of 30-A M.R.S.A. § 4452(3). In the event of a violation as determined solely by the Building Official, said Building Official is hereby authorized to issue and post a stop-work order to be displayed in a prominent location on the property where the work is taking place. Any person who removes a stop-work order shall be guilty of a violation of this chapter.