[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").[1]
[1]
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were repealed 7-2-2012.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.
[Added 6-7-2021 by Order
No. 2021-56]
Each permittee shall conduct and carry out the construction
work related to or associated with a building permit or Planning-Board-approved
project in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring properties. The
permittee shall take appropriate measures to reduce, to the fullest
extent practicable, the operation of any tool, appliance or equipment
producing noise of sufficient volume to disturb the sleep or repose
of occupants of the neighboring property during the hours of 8:00
p.m. to 7:00 a.m., Monday through Saturday, 8:00 a. m. on Sunday,
except as allowed by the City Engineer, Director of Public Services,
or their designee.
[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.[1]
[1]
Editor's Note: Original Sec. 6-4, which immediately followed
this section, was repealed 2-21-1977.
[1]
Editor's Note: Former § 123-4, Municipal officers
to establish Building Inspector jurisdiction, was repealed 9-12-2022
by Ord. No. 2022-111.
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.
[Amended 1-9-1996]
The duties of the Building Inspector shall be:
A.
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.
B.
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.
C.
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.
[Amended 5-4-1964]
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]
A.
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.
B.
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]
A.
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.
B.
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]
A.
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.
B.
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; 9-12-2022 by Ord. No. 2022-111]
[Added 5-15-1978]
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.
[Amended 8-24-1981]
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.
