[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.
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.
