[HISTORY: Adopted by the City Council of the City of Westbrook as Ch. XVI, § 17, and Chs. XXVII and XXXIII of the 1942 Code (Ch. 6, Arts. I and III, of the 2007 Code). Amendments noted where applicable.]
This chapter relates to the design, materials of construction, construction, alteration, maintenance, repair, and use of buildings and structures or parts thereof to promote the health, safety and general welfare of the occupants and users of such buildings and structures, and of the public, and for protection against catching and spreading of fires, and prevention of accidents.
[Added 12-5-1962; amended 6-2-1970; 3-5-1979; 4-23-2001; 1-9-2006; 7-2-2012]
The construction, alteration, addition, repair, removal, demolition, use, occupation, location and maintenance of all buildings and structures shall comply with the Maine Uniform Building and Energy Code ("MUBEC").
Editor's Note: Original Secs. 6-2.1 and 6.2.2, which immediately followed this section and were added 8-5-1974 and amended 3-5-1979, were repealed 7-2-2012. Section 6-2.1 was also amended 12-19-1983, 7-6-1987, 4-23-2001 and 1-9-2006.
[Amended 2-21-1977; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The City's Department of Code Enforcement shall be under the charge and direction of the Director of Planning and Code Enforcement. Within this Department, the Code Enforcement Officer shall perform all the duties and functions of the Building Inspector as herein provided.
Editor's Note: Original Sec. 6-4, which immediately followed this section, was repealed 2-21-1977.
The municipal officers shall define the limits within which the Building Inspector shall have jurisdiction, which shall include the thickly settled portion of the City.
Whenever the Building Inspector shall become incapacitated, the municipal officers may appoint or authorize the inspector to appoint a Deputy Building Inspector who shall serve until removed by the municipal officers, but in no event beyond the term for which the Building Inspector was appointed. The deputy shall perform such duties as may be required of him by the Inspector.
The person appointed Building Inspector shall possess the following qualifications: he shall have had at least five years' practical experience as an architect, builder, licensed mechanical, civil, or structural engineer, building construction superintendent, building construction foreman, or inspector of building construction.
The duties of the Building Inspector shall be:
To enforce this code, to examine all applications for permits, to sign and issue permits, certificates and notices, and to inspect buildings, structures, equipment and appliances therein erected, altered, repaired or installed under permits issued by the Department.
To examine buildings, structures, equipment, and apparatus thereof, therein, or thereon which he shall have cause to believe are dangerous, to investigate all complaints made in writing and to take such action as is stipulated herein or in the laws of this state.
To make an annual report to the Mayor and Council, to keep dated records showing the location, character, use, cost and specifications of buildings, structures and equipment and apparatus thereof, therein, or thereon for which certificates or permits are issued, showing complaints filed with the Department and showing matters and records of all fees and other monies collected.
The Mayor shall appoint the Building Inspector a legal constable for the period of the inspector's term of office, which shall be one year.
The Council may appoint and arrange for the payment of as many assistants as may be necessary for the proper conduct of the Department of Code Enforcement.
Inspections required under the provisions of this chapter shall be made by the Building Inspector, a duly appointed assistant or a deputy, provided that he may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificates called for by any provision of this chapter shall be based on such reports unless the same are in writing and certified by a responsible officer of such a service.
[Amended 3-15-1955; 9-14-1970; 5-5-1975; 5-2-2016 by Ord. No. 2016-32]
No application for a building permit shall be considered to have been filed until the stipulated fee therefor has been paid in full to the City; provided, however, that no permit fee shall be charged to any resident 62 years of age or older for work to be done on his own personal dwelling.
In addition to the building permit fee required by Subsection A of this section, no building permit shall be issued for any dwelling unit until payment of the fee required by Chapter A400, Master Fee Schedule, to cover the cost of issuance by the City of refuse and recyclables containers necessary for participation in the City's curbside collection program. This fee shall not apply to dwelling units that are not eligible for participation in the City's curbside collection program, including but not limited to condominium developments where the condominium association is responsible for the costs of collection of trash and recycling under the provisions of its bylaws.
[Amended 9-14-1970; 7-6-1982; 3-3-1986; 1-22-1991; 1-25-1999; 11-25-2002; 10-3-2005; 1-9-2006; 6-16-2006]
The fees accompanying this chapter are set forth in Chapter A400, Master Fee Schedule.
[Amended 5-3-1960; 9-14-1970; 1-9-2006; 5-2-2016 by Ord. No. 2016-32]
In addition to the requirements of the building code, no person shall haul, move or draw through, over or upon any street, way or public place in the City any building or structure without first obtaining a permit therefor, which may be granted by the Mayor upon a written application therefor approved by the Chief of Police and the filing with the City Treasurer of a bond in the sum of $1,000, with sureties approved by the City Solicitor, indemnifying and saving harmless the City from any and all costs or claims for damage occasioned thereby. Said permit, when granted, shall be valid for a period of 30 days from the date it is issued and, unless otherwise specifically authorized, in writing, by the Chief of Police, it shall be invalid between the hours of 6:00 a.m. and midnight.
No building permit shall be issued for any dwelling unit until payment of the fee established in Chapter A400, Master Fee Schedule, to cover the cost of issuance by the City of refuse and recyclables containers necessary for participation in the City's curbside collection program. This fee shall not apply to dwelling units that are not eligible for participation in the City's curbside collection program, including but not limited to condominium developments where the condominium association is responsible for the costs of collection of trash and recycling under the provisions of its bylaws. The containers shall be issued for each dwelling unit upon issuance of the certificate of occupancy for that dwelling unit.
[Amended 5-3-1960; 1-9-2006]
The application required by the preceding section shall set forth a general description of the building or structure to be moved, with its dimensions, and designate the particular streets over which it is to be moved; also a statement as to whether or not it shall be necessary to cut, disconnect or remove any wires or poles belonging to a public utility for such purpose.
In the event it is necessary to cut, disconnect, or remove any wires or poles belonging to a public utility for such purpose, such permit may only be granted by the municipal officers, after due notice and hearing, in accordance with the provisions of 35-A M.R.S.A. § 2516, unless such petition shall be accompanied by written permission from such public utilities for the cutting, disconnecting, or removal of such wires or poles.
[Added 12-27-1973; amended 7-2-2012]
Permit required. A building permit shall be required for the installation of any swimming pool which is located below ground level.
All swimming pools must comply with the swimming pool fencing standards contained in Appendix G of the 2nd edition of the 2009 International Residential Code, as may be amended.
Each application for a building permit for new construction or for additions to existing buildings which involves excavation, filling or regrading of land shall include appropriate information relative to the topography, existing and proposed grades of the applicant's land and the grade of all abutting streets. Any natural watercourses, ditches or swales, whether water runs constantly or only intermittently, must be identified and shown on plans submitted. If any natural drainage is affected by the proposed construction, the application must show how the applicant intends to provide adequate drainage to prevent any unnecessary runoff onto abutting properties and/or streets.
Prior to the issuance of any building permit, the application for which is covered by § 123-16, the Building Inspector shall refer the application to the City Engineer, who shall review same to assure that the proposed construction will not interfere with existing drainage patterns to the detriment of abutting landowners or the City. Any proposed changes in existing drainage patterns must be approved by the City Engineer.
Applications for building permits covered by § 123-16 may be approved subject to such reasonable conditions as the Building Inspector deems necessary to assure compliance with the intent and purposes of this article and to assure that such construction does not create surface drainage problems.
Applicants for building permits subject to this article may appeal from the decisions of the Building Inspector and/or the City Engineer to the Zoning Board of Appeals. Such appeal shall be in writing and submitted to the City Clerk within 30 days from the date of the decision appealed from.
The City and its agents assume no liability for any damages, costs or claims arising from the granting of any permit subject to this article nor do they accept responsibility for any surface water problems which may result from any construction pursuant to such permit.