This article shall be known and may be cited as the "Life Safety
Code."
Reference is herewith made to the NFPA 101, Life Safety Code,
published by the National Fire Protection Association (NFPA), such
edition as currently adopted by the Office of the State Fire Marshal.
Said code is hereby adopted and made a part hereof as if fully set
out in this article, with the additions, insertions, deletions, and
changes as found herein.
The Fire Chief or their designee is herewith designated as the
City official to supervise and enforce this article.
The following provisions shall apply to violations of the laws
and ordinances set forth in this article, and all monetary penalties
shall be civil penalties:
A. The minimum penalty for starting construction or undertaking a land
use activity without a required permit shall be $100 and the maximum
penalty shall be $2,500.
B. The minimum penalty for a specific violation shall be $100 and the
maximum penalty shall be $2,500.
C. The violator may be ordered to correct or abate the violations. Where
the court finds that the violation was willful, the violator shall
be ordered to correct or abate the violation, unless the abatement
or correction will:
(1) Result in a threat or hazard to public health or safety;
(2) Result in substantial environmental damage; or
(3) Result in substantial injustice.
D. If the City of Saco is the prevailing party, it shall be awarded
reasonable attorney fees, expert witness fees and costs, unless the
court finds that special circumstances make the award of these fees
and costs unjust. If the defendant is the prevailing party, the defendant
may be awarded reasonable attorney fees, expert witness fees and costs,
as provided by court rule.
E. The maximum penalty may exceed $2,500, but shall not exceed $25,000,
when it can be shown that there has been a previous conviction of
the same party, within the past two years, of the same law or ordinance.
F. All proceedings arising under the provisions of locally administered
laws and ordinances shall be brought in the name of the City of Saco,
and those fines shall be paid to the municipality.