City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bangor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 109, Art. I.
Fire Prevention Code — See Ch. 116.
Mechanical Code — See Ch. 180.
128a Table 1
[Adopted as Ch. VII, Art. 12; amended 8-11-1980]

§ 128-1 Installation standards.

No person, firm or corporation shall install, maintain or use any oil- or solid-fuel-burning equipment or fuel storage tank within the City of Bangor except as permitted under 32 M.R.S.A. § 2311 et seq.

§ 128-2 Permit required.

[Amended 10-28-1985 by Ord. No. 85-355; 9-14-1998 by Ord. No. 98-339]
No person, firm or corporation shall install any such equipment or tank without application for a permit therefor having first been made to the Code Enforcement Division. Such application shall describe the installation to be made, the premises upon which it is to be made and the name of the person, firm or corporation making such installation. Application for such permit shall be in writing, signed by the owner of the premises upon which such equipment or tank is to be installed or by the person who shall make such installation. The fee for such permit shall be established under Chapter 180, Mechanical Code, § 180-2D and shall cover the cost of the inspection hereinafter required.

§ 128-3 Inspection required.

After such equipment or tank has been installed and within five days after notice thereof from the applicant for the permit, the Chief of the Fire Department or a fire inspector shall inspect the same, and the Chief shall issue an inspection report upon being satisfied that such equipment and tank and the installation thereof comply with the requirements of this article. No person, firm or corporation shall use any such equipment or tank or maintain the same for more than four days after installation of the same shall have been completed unless an approved inspection report for such equipment or tank shall be in effect. Failure to inspect equipment within the specified time shall constitute approval.

§ 128-4 Existing installations.

No permit shall be required for the maintenance or use of any such equipment or tank where such equipment or tank was installed prior to August 22, 1980; provided, however, that the maintenance and use of such equipment and tank shall conform to the standards set forth in § 128-1 of this article.

§ 128-5 Revocation of permits.

If any equipment or tank should not comply with the standards set in § 128-1 hereof, the Chief of the Fire Department shall notify the installer and set forth wherein the installation does not meet the specifications of the standards. The installer shall have seven days after the date of notification to comply with the standards set in § 128-1 hereof. If, at the end of the specified time limit, the Fire Chief shall determine that the installation is still in violation of the standards as set forth in § 128-1, he or she shall give written notice that such equipment or tank does not conform to the standards set in § 128-1 hereof to the State of Maine Oil and Solid Fuel Board, and the permit shall be automatically revoked.

§ 128-6 Access to records.

The Chief of the Fire Department or any member of his or her Department duly authorized shall have access at reasonable times to the records of all suppliers of oil- or solid-fuel-burning equipment in this City for the purpose of ascertaining to whom such equipment has been sold or supplied.

§ 128-7 Minimum flash point.

No person, firm or corporation shall use oil in any oil- or solid-fuel-burning equipment in this City unless its flash point is not less than 100º Fahrenheit, closed cup test.

§ 128-8 Violations and penalties.

[Amended 9-14-1998 by Ord. No. 98-339]
Violation of this article shall be punished by penalties imposed in accordance with 30-A M.R.S.A. § 4452. Each day of violation shall be a separate offense. All fines assessed under this article shall inure to the benefit of the City of Bangor.
[Adopted as Ch. VII, Art. 16]
[1]
Editor's Note: Throughout this article, references to the "Director of Code Enforcement and Fire Prevention" were amended to "Code Enforcement Officer" 9-14-1998 by Ord. No. 98-339.

§ 128-9 Purpose.

The purpose of this article is to protect the lives and property of the citizens of the City of Bangor from fire hazards incident to the improper construction and installation of solid fuel stoves.

§ 128-10 Permit required.

[Amended 9-14-1998 by Ord. No. 98-339]
No person shall install any solid fuel stove in any building or structure within the City of Bangor without first filing an application with the Code Enforcement Division, in writing, and obtaining the required permit therefor. The application for a solid fuel stove permit shall be submitted in such form as the Division may prescribe and shall be accompanied by a fee of $5[1] for each solid fuel stove installed. Any permit issued under this section shall become invalid if the authorized work is not completed within one year from the date the permit is issued.
[1]
Editor’s Note: Fees may not be current. See also Ch. 109, Fees, regarding the Schedule of Fees.

§ 128-11 Minimum requirements.

All solid fuel stoves within the City of Bangor shall conform to the requirements of this article. Such requirements shall be minimum requirements only and shall not be construed otherwise, nor shall they displace stricter requirements prescribed by other provisions of the state statutes or regulations, the Code of the City of Bangor or stricter recommendations of a manufacturer, which said stricter requirements shall control; provided, however, that a solid fuel stove or accessory thereto which is approved and listed by Underwriters' Laboratories, Inc., Factory Mutual System or Energy Testing Laboratory of Maine, Southern Maine Vocational Technical Institute, and which is installed in accordance with the conditions of its listing shall be deemed to comply with the requirements of this article; provided, further, that the Code Enforcement Officer may approve the use of substitute materials and accessories which equal or exceed the safety standards established by this article and may establish specifications for such materials and accessories.

§ 128-12 Definitions.

The following definitions shall apply unless the context clearly indicates another meaning:
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the City of Bangor or his or her authorized representative.
COMBUSTIBLE MATERIAL
Material made of or surfaced with wood, compressed paper, plant fibers, plastics or other material that will ignite and burn, whether flameproofed or not or whether plastered or unplastered.
FIREPLACE
A hearth, fire chamber or similarly prepared place and a chimney.
A. 
A fireplace composed of listed factory-built components assembled in accordance with the terms of listing to form the completed fireplace.
B. 
A hearth and fire chamber of solid masonry units, such as bricks, stones, listed masonry units or reinforced concrete, provided with a suitable chimney.
FIREPLACE INSERT
A factory-built, field-installed product consisting of a firebox assembly designed to be installed within or partially within the fire chamber of a fireplace which uses the fireplace flue to vent the products of combustion.
FLOOR PROTECTOR
Noncombustible surfacing applied to the floor area underneath and extending in front, to the sides and to the rear of a heat-producing appliance.
FLUE
The general term for a passage through which flue gases pass from the combustion chamber to the outer air.
INSTALL
To set or place in position and connect for use, whether or not in conformance with the requirements of this article.
NFPA
The National Fire Protection Association. NFPA publications shall be designated by the initials "NFPA" followed by the number, title and edition year of the publication.
OCCUPANT
Any person, including an owner, who has actual possession of any premises.
OWNER
Any person who alone, jointly, severally or jointly and severally with others:
A. 
Has legal or record title to or the charge, care or control of any premises; or
B. 
Has an equitable interest in any premises, including but not limited to a contract or a bond for a deed with the person having legal or record title.
PERSON
Any individual, firm, corporation, partnership, company, association or trust.
ROOM HEATER
A self-contained, freestanding air-heating appliance intended for installation in the space being heated and not intended for duct connection.
A. 
A room heater with an outer jacket surrounding the heat exchanger arranged with openings at top and bottom, so that air circulates between the heat exchanger and the outer jacket. Room heaters which have openings in an outer jacket to permit some direct radiation from the heat exchanger are classified as radiant type.
B. 
A chimney-connected, solid-fuel-burning room heater which is designed to be operated with the fire chamber either open or closed.
C. 
A room heater designed to transfer heat primarily by direct radiation.
D. 
A chimney-connected, solid-fuel-burning room heater which is designed to be operated with the fire chamber closed.
SOLID FUEL BOILER
A factory built or listed product designed to heat water or produce steam to heat a building and/or provide domestic hot water by means of burning a solid fuel such as wood, wood products or coal in a closed combustion chamber.
[Added 10-23-2006 by Ord. No. 06-340]
SOLID FUEL STOVE
Any appliance designed or used to burn wood, coal or any other solid fuel matter for the purpose of heating or cooking.

§ 128-13 NFPA publications.

NFPA publications or parts thereof reproduced and incorporated herein are copyrighted. The reproduction or incorporation of such documents or parts thereof herein shall not constitute permission to reproduce or reprint any such document or part thereof; provided, however, that any person may reproduce this article or any section or subsection thereof.

§ 128-14 General construction and maintenance.

Every solid fuel stove shall be so constructed and maintained as to be capable of containing the combustion of solid fuel, preventing the spread of fire to surrounding areas and safely exhausting flue gases.

§ 128-14.1 Construction and maintenance of solid fuel boilers.

[Added 10-23-2006 by Ord. No. 06-340; amended 7-28-2008 by Ord. No. 08-183]
Solid fuel boilers are prohibited from freestanding outdoor installation or installation in a freestanding accessory structure in all zones except G&ISD, ADD, UID, and I&S In all but these specified zones, solid fuel boilers must be installed within the primary use structure to which they provide heat/hot water and be installed and operated in accordance with the manufacturer's installation instructions, NFPA 211 (Chimney and Vents) and any other applicable building code requirements. Notwithstanding the above, in G&ISD, ADD, UID, and I&S zones, solid fuel boilers, also known as "biomass boilers," may be installed in a freestanding, accessory structure. The unit shall meet Maine Department of Environmental Protection regulations set forth in the Code of Maine Rules, 06-096 CMR Chapter 150: Control of Emissions from Outdoor Wood Boilers, and any other applicable federal, state, or local laws and regulations.

§ 128-15 Clearances.

A. 
Normal clearances. Clearances between solid fuel stoves and combustible materials shall be as set forth in Table 1.[1]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
B. 
Clearances with specified form of protection. The clearances specified in the foregoing table may be reduced as provided in Table 2; provided, however, that in no case shall a solid fuel stove be so installed that protection from more than two vertical sides is required.[2]
[2]
Editor's Note: Table 2 is on file in the Code Enforcement Office.

§ 128-16 Floor protection.

No solid fuel stove shall be installed on a floor made of or covered by combustible material unless a clearance of at least six inches of open space between the fire box of the stove and the floor or floor covering is provided and the stove is mounted on No. 24 gauge or thicker sheet metal, over closely spaced solid masonry units not less than two inches in thickness, which entirely covers the floor under the stove and extends out at least 18 inches beyond the stove at the front or sides from which ashes are removed and at least six inches on other sides.

§ 128-17 Chimneys.

A. 
Chimney required. Solid fuel stoves shall be vented only through masonry chimneys or through factory-built chimneys which are listed by Underwriters' Laboratories, Inc., Factory Mutual System or the Energy Testing Laboratory of Maine and which are installed in accordance with the conditions of their testing.
B. 
Cleanout openings required in masonry chimneys. Masonry chimneys shall have cleanout openings at their bases which shall be equipped with iron doors and frames.
C. 
Lining required in masonry chimneys; exception. Masonry chimneys shall be lined with five-eights-inch thick fire clay flue lining or the equivalent which shall extend the entire height of the chimney from the top of the cleanout door, provided that a lining shall not be required if the chimney is shown to the satisfaction of the Code Enforcement Officer to be in safe operating condition.
D. 
Cleanout sections required in factory-built chimneys. Factory-built chimneys shall be equipped with cleanout sections at their bases.

§ 128-18 Stovepipes.

A. 
Stovepipe required; exception; specifications. Unless the chimney is attached directly thereto, every solid fuel stove shall be connected to a chimney by means of a stovepipe made of noncombustible, corrosion-resistant, twenty-four-gauge steel, except that a stove having an inside diameter of less than six inches may be made of twenty-six-gauge steel.
B. 
Inside diameter. The inside diameter of a stovepipe shall be no less than the inside diameter of the stove flue collar.
C. 
Normal clearance. The clearance between a stovepipe and the nearest combustible material shall be no less than 18 inches measured from the outer surface of the stovepipe to the combustible material, disregarding any protective material applied to the combustible material, unless the manufacturer specifies otherwise.
D. 
Clearances with specified forms of protection. The clearance required by Subsection C of this section may be reduced as provided by Table 3.[1]
[1]
Editor's Note: Table 3 is on file in the Code Enforcement Office.
E. 
Connection to chimney. A stovepipe to a chimney shall extend through the chimney wall to the inner face or liner but not beyond and shall be firmly mounted to the masonry. Stovepipe thimbles used in chimneys shall be permanently cemented in place with high-temperature cement.
F. 
Passage through floors, ceilings, fire walls and fire partitions prohibited; requirements for passage through fire walls and partitions. No stovepipe shall pass through a floor or ceiling or through a fire wall or fire partition. A stovepipe must satisfy the clearance requirements of Subsection C of this section which passes through a wall or partition constructed of combustible material or be held apart from the wall by means of a metal ventilated thimble not less than 12 inches larger in diameter than the stovepipe or by a metal or burned fire clay thimble built in brickwork or equivalent fireproofing material extending not less than eight inches beyond all sides of the thimble.
G. 
Rise. Stovepipes shall have a rise of at least 1/4 inch per horizontal foot from the stove to the chimney.
H. 
Most direct connection required; support; joints to be securely fastened. Stovepipes shall make the most direct connection possible and shall be securely supported. Joints in stovepipes shall be securely fastened.
I. 
Connection to flue through which mechanical draft appliance vented. If a solid fuel stove is connected to a flue through which a mechanical draft appliance is also vented, the solid fuel stove shall be connected to the flue above the point of connection of the mechanical draft appliance.
J. 
Solid fuel stoves and other natural draft appliances not to be connected to same flue; exception. No solid fuel stove shall be connected to a flue to which another natural draft appliance is connected unless sufficient draft is available to the stove and such other appliance for safe combustion and removal of combustion products to the outdoors. The burden shall be upon the owner or occupant to establish that the requirement of this subsection has been satisfied.

§ 128-19 Right of entry; inspections.

[Amended 9-14-1998 by Ord. No. 98-339]
The Code Enforcement Division shall have the authority, upon proper identification and at any reasonable time, to enter any premises within the City of Bangor in order to determine whether any solid fuel stove installed therein or installation of such stove complies with the requirements of this article or whether an order of the Code Enforcement Division made pursuant to this article has been obeyed. In cases where the occupant of the premises denies entry, the Code Enforcement Division may seek administrative search warrants in accordance with the general law pertaining to such warrants.

§ 128-20 Notice of defective condition; order to correct; reinspection.

A. 
Notice of defective condition and order to correct; order prohibiting operation. If, upon inspection, the Code Enforcement Officer shall determine that a solid fuel stove or the installation of a solid fuel stove fails to comply with any requirement of this article, he or she shall first give the owner or occupant of the premises in which the solid fuel stove is located a written notice of and an order to correct the defective condition. The order shall state a reasonable time within which the defective condition must be corrected. If the Code Enforcement Officer determines that the defective condition constitutes an imminent fire hazard, he or she shall prohibit the owner or occupant from operating the solid fuel stove until the Code Enforcement Officer has determined that the defective condition has been corrected. The Code Enforcement Officer may take such measures as he or she deems necessary to ensure compliance with such order.
B. 
Reinspection; further action if condition not corrected. After the expiration of the time for correction of such condition, the Code Enforcement Officer shall reinspect the premises and, if the condition has not been corrected and no appeal is pending as hereinafter provided, the Code Enforcement Officer may make such further order as he or she deems advisable or take legal action with respect to the condition.
C. 
Alternative compliance with order. An order of the Code Enforcement Officer to correct a defective condition shall be deemed satisfied if, in the judgment of the Code Enforcement Officer, the solid fuel stove has been disconnected and placed out of operation in such a manner as to clearly indicate that the owner or occupant has no present intention to operate the solid fuel stove. No such solid fuel stove shall be subsequently reinstalled except in compliance with the order of the Code Enforcement Officer and all other requirements of this article. The Code Enforcement Officer shall order the owner or occupant, or both, not to place the solid fuel stove in operation again until the Code Enforcement Officer has been notified of the intention of the owner or occupant to do so.

§ 128-21 Appeals.

[Amended 9-14-1998 by Ord. No. 98-339]
Any person who is aggrieved by an order or decision of the Code Enforcement Officer pursuant to this article may appeal, in writing, within 10 days to the Board of Appeals. The Board of Appeals may affirm, reverse, affirm or reverse in part or modify such order or decision of the Code Enforcement Officer and may permit variances from the specific provision of this article in cases where the enforcement thereof would result in undue hardship, which is not mere economic inconvenience, subject always to the rule that the Board of Appeals shall give due consideration to the purposes of the article in promoting fire safety. During the pendency of an appeal, the decision or order of the Code Enforcement Officer shall be stayed, except that an order prohibiting the operation of a solid fuel stove in any case in which the Code Enforcement Officer has determined that a condition constitutes an imminent fire hazard shall not be stayed.

§ 128-22 Violations and penalties.

[Amended 3-26-1990 by Ord. No. 90-118; 9-14-1998 by Ord. No. 98-339]
Violation of this article, including the failure or refusal of any person to obey an order of the Code Enforcement Officer made pursuant to this article, shall be punished by penalties imposed in accordance with 30-A M.R.S.A. § 4452. Each day that such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense.