[HISTORY: Adopted by the Town Council of the Town of Windham 11-18-2014 (Ch. 66 of the 1991 Code). Amendments noted where applicable.]
The Town of Windham enforces the Maine Uniform Building and Energy Code ("MUBEC"), as authorized by 10 M.R.S.A. § 9724, Subdivision 1-A. The Code Enforcement Officer of the Town of Windham shall serve as the Building Official as defined in 25 M.R.S.A. § 2371 and shall be responsible for issuing building permits and certificates of occupancy. The Code Enforcement Officer shall be responsible for inspecting all permitted construction for compliance with all components of MUBEC, as such components may be revised from time to time by the Technical Building Codes and Standards Board.
State law reference – Uniform code defined, 10 M.R.S.A. § 9721; enforcement of uniform code required, 10 M.R.S.A. § 9724; certain fire and building related codes and standards unaffected by uniform code, 10 M.R.S.A. § 9725.
A. 
Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit where required by municipal ordinance.
B. 
Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Structures exempt from permits shall be located in compliance with zoning and floodplain regulations.
(1) 
One-story detached accessory structures used as toolsheds and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 square meters).
(2) 
Fences not over six feet (1,829 mm) high.
(3) 
Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
(4) 
Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed two to one.
(5) 
Sidewalks and driveways.
(6) 
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(7) 
Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
(8) 
Swings and other playground equipment.
(9) 
Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
(10) 
Decks not exceeding 200 square feet (18.58 square meters) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
(11) 
Rockeries as defined in Article 3 of Chapter 120, Land Use, of the Code of the Town of Windham.
C. 
Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
D. 
Repairs. Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing 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, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
E. 
Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates a provision of this chapter or fails to comply with any of the requirements thereof, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the chapter, shall be subject to penalties in accordance with 30-A M.R.S.A. § 4452. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
The Plumbing Inspector shall issue plumbing permits, inspect all plumbing work as required by law, and perform such other duties as are required by 30-A M.R.S.A. § 4221, Subdivision 3.
State law reference – Local plumbing inspectors, 30-A M.R.S.A. § 4221 et seq.; plumbing regulations and permit fees, 30-A M.R.S.A. § 4211.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All wires and equipment in the interior of all buildings which are intended for transmission of electricity and to be connected with an outside circuit shall be made and at all times kept safe, and shall be placed, arranged, attached, changed and maintained by the person owning or using the wires and equipment, to the specifications of the Code Enforcement Officer. The wiring shall comply with the requirements of the National Electrical Code.
State law reference – Adoption of technical codes by reference, 30-A M.R.S.A. § 3003.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Fees are set by the Town Council and listed in the Master Fee Schedule.