[Amended 1-18-2000; 1-9-2012]
This chapter shall be known and may be cited as the "Building and Energy Code."
[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; 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by reference; amendments to standards, added 5-3-2004, which immediately and respectively followed this section, were repealed 1-9-2012.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.