Town of Wells, ME Article II Wells Residential Code (International Residential Code for One- and Two-Family Dwellings) [1]

[Adopted 11-7-2006]

[1] Editor's Note: This ordinance also repealed former Art. II, Adoption of Building Code, adopted 4-19-1997, as amended. The Building Code was adopted by Section 1 of this ordinance as follows: "SECTION 1. ADOPTION OF BUILDING CODE. That a certain document, one (1) copy of which is on file in the office of the Town Clerk of the Town of Wells being marked and designated as "THE INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS 2003," published by The International Code Council, Inc., including the following appendices: Appendix G, Appendix H, Appendix J, and Appendix K, be and is hereby adopted as the Residential Building Code of the Town of Wells in the State of Maine; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Code are hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance, with the additions, insertions, deletions, and changes, if any, prescribed in Section 3 of this Ordinance. [Editor's Note: See Article II.] Additionally, a certain document, one copy of which is on file in the office of the Town Clerk of the Town of Wells marked and designated as "THE INTERNATIONAL BUILDING CODE 2003," published by The International Code Council, Inc., including Appendix I set forth therein, be and is hereby adopted as the Building Code of the Town of Wells in the State of Maine; for the control of buildings and structures not covered by The International Residential Code; and each and all of the regulations, provisions, penalties, conditions and terms of said Code are hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance, with the additions, insertions, deletions, and changes, if any, prescribed in Section 4 of this Ordinance. [Editor's Note: See Article III.]

§ 91-3 Additions, insertions, and changes. [1]

The following sections of the "International Residential Code for One- and Two-Family Dwellings 2003" are hereby revised as follows:

Section R101.1. Title. Insert: "The Town of Wells" to replace "[name of jurisdiction]."
Section R101.2. Scope. Delete: Exception.
Section (EB) R102.7. Existing structures. Delete [the International Property Maintenance Code or the International Fire Code.]
Section R103.3. Deputies. Delete.
Section R104.10.1. Areas prone to flooding. Delete [without the granting of a variance to such provisions by the board of appeals.]
Section R105.1. Required. Delete [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,]
Section R105.2. Work exempt from permit. Delete.
Building:
[1.		One story detached accessory structures, provided the floor area does not exceed 200 square feet (18.58 m2).
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.
Electrical:
Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1.		Portable heating, cooking or clothes drying appliances.
2.		Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3.		Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1.		Portable heating appliances.
2.		Portable ventilation appliances.
3.		Portable cooling unit.
4.		Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5.		Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6.		Portable evaporative cooler.
7.		Self contained refrigeration systems containing 10 pounds (4.54kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746W) or less.
8.		Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.]
Note: All Electrical, Gas, Mechanical, Subsurface Waste Water Disposal, and Internal Plumbing Installation are regulated by and shall comply with the Standards, Rules, and Procedures promulgated by the State of Maine regarding these activities.
Section R105.3.1. Action on application. Delete and replace with:
The Code Official shall approve, deny, or refer applications for building permits as prescribed in § 145-61C(1) of Chapter 145 of the Code of the Town of Wells.
Section R105.3.1.1. Substantially improved or substantially damaged existing buildings and structures. Delete: [the findings shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applicants determined by the board of appeals to constitute substantial improvement or substantial damage] and insert: "the application" before the words "shall meet the requirements of Section R323."
Section R105.5. Expiration. Delete [180 days] in each occurrence and insert "twelve (12) months" in each occurrence.
Section R105. PERMITS. Insert:
Section R105.9. Cross Reference. The following sections of Chapter 145, Land Use, of the Code of the Town of Wells shall also apply to building permits: §§ 145-61, 145-62, 145-63, and 145-64.
Section R107.3. Temporary power. Delete.
Section R107.4. Termination of approval. Delete.
Section R108. Fees:
Section R108.2. Schedule of permit fees. Delete and replace with:
R108.2. Fee Schedule. Effective February 10, 2005.
The permit fee schedule enacted by the Selectmen of the Town of Wells shall apply to all building permits. The permit fee schedule may be amended from time to time by the Board of Selectmen after notice and a public hearing thereon, and such revised fee schedule shall take effect upon adoption.
Section R108.3. Building permit valuations. Delete.
Section R108.4. Related fees. Renumber R108.3.
Section R108.5. Refunds. Delete.
Section R109.1.2. Plumbing, mechanical, gas and electrical systems inspection. Delete.
Section R109.3. Inspection requests. Insert at the end of the paragraph: The request for an inspection shall be made at least one (1) business day prior to the desired time of the inspection.
Section R109. Add and insert.
R109.5 Inspection fees. There will be no charge for any initial inspection required to obtain a use permit, certificate of occupancy or temporary certificate of occupancy pursuant to Article VIII or Article X of Chapter 145, Land Use, of the Code of the Town of Wells, or any initial inspections required by the building permit. If a reinspection is required due to issues of noncompliance identified in a previous inspection, or for failure of the work to be ready for inspection when scheduled, there shall be a reinspection fee assessed for each such reinspection as established by the fee schedule adopted by the Board of Selectmen.
Section R110.2. Changes in use. Delete [Sections 3405 and 3406 of the International Building Code] and insert "this Code and Chapter 145, Land Use of the Code of the Town of Wells."
SECTION R111 SERVICE UTILITIES. Delete.
SECTION R112 BOARD OF APPEALS.
Section R112.1. General. Delete: Paragraph and insert:
The Board of Appeals is established and standards and procedures are provided by Maine Revised Statutes Annotated Title 30-A and Chapter 145, Article IX, of the Code of the Town of Wells.
Section R112.2. Limitations on authority. Delete.
Section R112.3. Qualifications. Delete.
Section R112.4. Administration. Delete.
SECTION R113. VIOLATIONS. Insert: R113.5 Penalty. Any person, firm, or corporation violating any of the provisions of this code commits a civil land use violation and each such person shall be deemed to have committed a separate offense for each day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. Upon conviction of any such violation such person shall be punished by a civil penalty of not less than $100 nor more than $2,500 for each violation as provided for by Maine Revised Statutes Annotated Title 30-A § 4452.
Part II
Chapter 2
DEFINITIONS
R201. GENERAL. Insert a new Section R201.5. Miscellaneous.
Definitions of terms related to sections of the code that have been deleted are hereby also deleted.
R201. GENERAL. Insert a new Section R201.6 Terms defined in Chapter 145, Land Use.
When definitions of terms herein conflict with the definitions of the same term found in Chapter 145, Land Use, of the Code of the Town of Wells, the definition of Chapter 145 shall govern.
The following terms shall be added or amended to read:
	HABITABLE. Any portion of a building designed for human occupation that has a ceiling height greater than 6.5 feet.
	MOBILE HOME. A structure constructed prior to June 15, 1976, transportable in one or more sections, which is eight body feet or more in width and 32 body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein.
	RECREATIONAL VEHICLE ACCESSORY ENCLOSURE. A factory-manufactured rigid metal or vinyl enclosure, with the dimensions not exceeding eight feet in width nor the length of the recreational vehicle or mobile home, and designed for use with recreational vehicles or mobile homes.
	RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, contains 400 square feet or less of floor area, is self-propelled or towed by a passenger car or light-duty truck, and is designed as temporary living quarters for recreational, camping, travel or seasonal use, not as a dwelling unit.
	SHED. A freestanding structure not more than 140 square feet in floor area, a maximum of 10 feet in width, less than 10 feet in height and not used as habitable space.
	STRUCTURE. Anything constructed, assembled or erected having a fixed location uninterrupted for more than 10 days on the ground or in the water. Any attachment to a structure shall be considered part of the structure. The term "structure" shall not include signs; utility distribution lines; stone walls; fences; embankment retaining walls; culverts; fire cisterns; fire hydrants; mailboxes; vehicles registered for use on the public ways; at-grade paving, such as sidewalks, patios, driveways and parking lots; and other items located in the public right-of-way normally and customarily related to a road. The term "structure" shall not include picnic tables and other tables, chairs, benches and other seating, trash cans, bicycle racks and planters, each of which can be transported by two or fewer persons without the use of mechanical assistance. The term "structure" includes utility transmission lines.
Part III — Building Planning and Construction
Chapter 3
BUILDING PLANNING
Table R301.2(1). Insert for:

	Ground Snow Load	50
	Wind Speed	100
	Seismic Design Category	B
	Weathering	Severe
	Frost Line Depth	4 feet
	Termite	None to Slight
	Decay	None to Slight
	Winter Design Temp	0 degrees
	Ice Shield Under-Layment Required	Yes
	Flood Hazards	FIRM, 06-02-1987 amended 11-05-2002
	Air Freezing
	Index	Yes
	Mean Annual Temperature	45°

Note: The insertion of these values into Table R301.2(1) designates which standards in this code are applicable for the Town of Wells and which are not.
Section R302. LOCATION ON LOT. Add below section title: All structures shall be located in compliance with the provisions of Chapter 145, Land Use, of the Code of the Town of Wells, applicable laws, and the following fire separations.
Section R310.1.1. Minimum opening area. Delete Exception: [Grate floor openings shall have a minimum net clear opening of 5 square feet (0.465) m2).]
Section R311.5. Stairways.
R311.5.3. Stair treads and risers. Amend as follows:
	R311.5.3.1. Riser height. Delete [7 3/4 inches (196 mm)] and insert "8 1/4 inches (210 mm)."
	R311.5.3.2. Tread depth. Delete [10 inches (254 mm)] and insert "9 inches (229 mm)."
	R311.5.3.3. Profile. Exceptions: Delete [11 inches (279 mm)] and insert "10 inches (254 mm)."
R311.5.6.2. Continuity. Exceptions: Add: 3. When the first part of an interior stairway is open and the remainder is between full walls, the handrail of the open section may dead end in the wall. The handrail for the remaining stairs shall be returned to the wall at both top and bottom. The dimension between the graspable sections of the interrupted rail shall not be greater than ten (10) inches.
R312.2. Guard opening limitations. Add "and shall not by design or construction provide a ladder effect."
SECTION R323 FLOOD-RESISTANT CONSTRUCTION
NOTE: This material is the same as the standards found in the locally adopted Chapter 116, Floodplain Management, of the Code of the Town of Wells.
Chapter 4 FOUNDATIONS
R403.1.4.1. Frost protection.
Exceptions:
Add to Exception 1. Such a structure may be placed upon eight inch by six inch concrete blocks in a manner that provides adequate distribution of the structure's load. Such a structure shall be located a minimum of six feet from any other structure and must comply with the zoning setbacks of the district. Such a structure shall be used for incidental storage only.
	Add:
	3.	A deck or porch attached to or adjacent to a recreational vehicle or part of a recreational vehicle accessory enclosure need not meet the frost protection requirements of this section when such recreational vehicle or recreational vehicle accessory enclosure is located within a recreational vehicle park or campground.
	4.	A deck or porch or recreational vehicle accessory enclosure attached to or adjacent to a mobile home unit need not meet the frost protection requirements of this section, provided the mobile home itself is not frost protected with a frost wall or full foundation.
Chapter 5 FLOORS
R502.1. Identification. Add:
Exception:
1.	Custom-sawed lumber from native species cut to standard dimensional sizes is exempt from this section of the code.
Chapter 6 WALL CONSTRUCTION
R602.1. Identification. Add:
Exception:
1.	Custom-sawed lumber from native species cut to standard dimensional sizes is exempt from this section of the code.
Chapter 8 ROOF-CEILING CONSTRUCTION
R802.1. Identification. Add:
Exception:
Custom-sawed lumber from native species cut to standard dimensional sizes is exempt from this section of the code.
Part V — Mechanical
Chapter 12 MECHANICAL ADMINISTRATION. Delete.
Chapter 13 GENERAL MECHANICAL SYSTEM REQUIREMENTS. Delete.
Chapter 14 HEATING AND COOLING EQUIPMENT. Delete.
Chapter 16 DUCT SYSTEMS. Delete.
Chapter 17 COMBUSTION AIR. Delete.
Chapter 18 CHIMNEYS AND VENTS. Delete.
Chapter 19 SPECIAL FUEL-BURNING EQUIPMENT. Delete.
Chapter 20 BOILERS AND WATER HEATERS. Delete.
Chapter 21 HYDRONIC PIPING. Delete.
Chapter 22 SPECIAL PIPING AND STORAGE SYSTEMS. Delete.
Chapter 23 SOLAR SYSTEMS. Delete.
Note #1. Boilers and heating systems are areas regulated by rules, procedures, and licenses promulgated by the State of Maine Oil and Solid Fuel Board, and the State Fire Marshal of the State of Maine.
Note #2. Chapter 15 EXHAUST SYSTEMS is to remain as a chapter of this Code.
Part VI — Fuel Gas
Chapter 24 FUEL GAS. Delete.
Note: Fuel gas is regulated by rules, procedures, and licenses promulgated by the State of Maine, Gas Fuel Licensing Board and the State Fire Marshal.
Part VII — Plumbing. Delete.
Chapter 25 PLUMBING ADMINISTRATION. Delete.
Chapter 26 GENERAL PLUMBING REQUIREMENTS. Delete.
Chapter 27 PLUMBING FIXTURES. Delete.
Chapter 28 WATER HEATERS. Delete.
Chapter 29 WATER SUPPLY AND DISTRIBUTION. Delete.
Chapter 30 SANITARY DRAINAGE. Delete.
Chapter 31 VENTS. Delete.
Chapter 32 TRAPS. Delete.
NOTE: Chapters 25, 26, 27, 28, 29, 30, 31, and 32 are areas regulated by the State of Maine Plumbing Rules.
Part VIII — Electrical. Delete.
Chapter 33 GENERAL REPRESENTATION. Delete.
Chapter 34 ELECTRICAL DEFINITIONS. Delete.
Chapter 35 SERVICES. Delete.
Chapter 36 BRANCH CIRCUIT AND FEEDER REQUIREMENTS. Delete.
Chapter 37 WIRING METHODS. Delete.
Chapter 38 POWER AND LIGHTING DISTRIBUTION. Delete.
Chapter 39 DEVICES AND LUMINAIRES. Delete.
Chapter 40 APPLIANCE INSTALLATION. Delete.
Chapter 41 SWIMMING POOLS. Delete.
Chapter 42 CLASS 2 REMOTE-CONTROL, SIGNALING AND POWER-LIMITED CIRCUITS. Delete.
NOTE: Chapters 33, 34, 35, 36, 37, 38, 39, 40, 41, and 42 are areas regulated by the NFPA 70, Electrical Code, the State of Maine Electricians Examining Board, and the State Fire Marshal.
Delete Appendices A, B, C, and D.
Delete APPENDIX E MANUFACTURED HOUSING USED AS DWELLINGS
NOTE: Manufactured housing in the State of Maine is regulated by rules promulgated and enforced by the State of Maine Manufactured Housing Board. While the manufactured unit is regulated by the rules of the Manufactured Housing Board, construction done on site within the Town of Wells as part of and/or in conjunction with a manufactured unit must meet the applicable standards of this code.
APPENDIX F RADON CONTROL METHODS
Insert as an addition to the Appendix AF 104: This appendix is to be used for those who wish recommendations; it is not mandatory provision of this code.
Delete APPENDIX I PRIVATE SEWAGE DISPOSAL.
NOTE: Appendix I is an area regulated by the State of Maine Subsurface Waste Water Disposal Rules.
Delete APPENDIX L Electrical Cross Reference.

[1] Editor's Note: Throughout this section, brackets [ ] indicate strike-through text to be deleted from the international Residential Code.