[HISTORY: Adopted by the City Council of
the City of Saco 5-1-1995 as Ch. XII, Sec. 12-1, of the 1994 Code.
Amendments noted where applicable.]
[Amended 1-18-2000; 1-9-2012]
This chapter shall be known and may be cited
as the "Building and Energy Code."
[Amended 1-18-2000; 5-3-2004; 1-9-2012]
Effective December 1, 2010, the City of Saco applies and enforces
the Maine Uniform Building and Energy Code ("M.U.B.E.C."), as required
by 10 M.R.S.A. § 9724.
[Added 1-9-2012]
All construction activity as regulated by the Maine Uniform
Building and Energy Code must first obtain a building permit from
the City of Saco before construction commences. The following activities
shall be exempt from these requirements:
A.
Fences.
B.
Sidewalks
and driveways.
C.
Painting,
papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
D.
Prefabricated
swimming pools that are less than 24 inches in depth.
E.
Swings and
other playground equipment.
F.
Window awnings
supported by the exterior wall which do not project more than 54 inches
from the exterior wall and do not require an additional support. This
exemption does not include awnings used as signs.[1]
[1]
Editor's Note: Former § 73-3.1, Adoption of International
Building Code by reference; amendments to standards, as amended, and
§ 73-3.2, Adoption of International Existing Building Code
by reference; amendments to standards, added 5-3-2004, which immediately
and respectively followed this section, were repealed 1-9-2012.
[Amended 1-9-2012]
The Building Inspector of the City of Saco 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 Building Inspector shall be responsible for inspecting all permitted
construction for compliance with all components of M.U.B.E.C., as
such components may be revised from time to time by the Technical
Building Codes and Standards Advisory Board.
A.
Any person aggrieved by the decision of the Building
Inspector with regard to the enforcement of the Building and Energy
Code may take appeal to the Mayor and City Council.
[Amended 1-9-2012]
B.
An appeal may be taken within 30 days from the date
of the decision appealed by filing with the City Council, through
its Clerk, a notice of appeal specifying the grounds thereof, except
that in the case of a building or structure which, in the opinion
of the Building Inspector, is unsafe, dangerous and a threat to life
safety, the Building Inspector may, in his/her order, limit the time
for such an appeal to seven days. The Building Inspector shall forthwith
transmit to the Mayor and City Council all the papers upon which the
action appealed from was taken.
The following provisions shall apply to violations
of the laws and ordinances set forth in this chapter, 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:
D.
If the municipality 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,
he/she 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 fines shall be paid to the City of Saco.
[Amended 10-16-2000]
Fees shall be determined by Council after a
public hearing.
A.
The minimum fee shall be established by the City Council
after a public hearing.
B.
Dwellings.
(1)
New buildings. Any building or structure or portion
thereof designed or used exclusively for residential purposes, including
additions, modular homes and mobile homes.
(2)
Foundations for residences (full or partial).
(3)
Residential alterations (up to $5,000).
(4)
Residential alterations (each $1,000 or portion thereof
above $5,000).
C.
Sheds up to 180 square feet (over 180 square feet
considered a garage).
D.
Commercial buildings, including multifamily residential
(three or more units), including additions but not alterations.
E.
Foundations for commercial structures (full or part).
F.
Commercial alterations (up to $5,000).
G.
Commercial alterations (each $1,000 or portion thereof
above $5,000).
H.
Mobile signs, siding, chimneys and swimming pools
(aboveground sidewall of 30 inches or more or capacity of 1,200 gallons).
I.
Permanent signs (freestanding, parallel or projecting).
J.
In-ground swimming pools.
K.
Garages (space is 10 feet by 20 feet or fraction thereof
rounded downward, i.e., 24 x 24 = 576 square feet ÷ 200 = 2.88
or 2).
L.
Decks per square foot.
M.
Moving a building.
N.
Commercial parking lots (space is nine feet by 18
feet).
O.
Propane tank placement of 250 gallons or more.
P.
Underground fuel storage tanks (500 gallons or more).
Q.
Removal of underground fuel storage tanks (500 gallons
or more).
R.
Aboveground fuel storage tanks.
S.
Occupancy permits (change in use).
T.
Occupancy permits (when used in conjunction with new
construction).
U.
Removal of stop-work order.
V.
Reinspection fee.
W.
Zoning information, letter form.
X.
Mobile home park annual fee.
Y.
Demolition.
[1]
Editor's Note: Copies of the current fee schedule
are on file in the office of the City Clerk.
