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City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
Code
New Laws (6) Index Notes (1)
[HISTORY: Adopted by the City Council of the City of Bangor as Ch. VII, Art. 10; amended 11-30-1994 by Ord. No. 95-7. Subsequent amendments noted where applicable.]
[Amended 11-23-2015 by Ord. No. 16-012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with 30-A M.R.S.A. § 3003, the Life Safety Code, 2018 Edition, designated as "NFPA 101" and adopted by the National Fire Protection Association is hereby adopted and incorporated by reference as the minimum standards of construction, protection and occupancy of structures and buildings located within the City of Bangor for the purposes of life safety from fire and like emergencies, with the following amendments:
A. 
Section 12.3.5.3, Subsections (3) and (4) and Section 13.3.5.3 are deleted and shall not be incorporated by reference.
B. 
Section 24.3.5.1 is deleted and shall not be incorporated by reference.
A. 
The Fire Chief, Fire Prevention Bureau Chief, the Code Enforcement Officer or their authorized agent(s), shall have the power and duty to enforce the provisions of this code.
B. 
Whenever the Fire Chief, Fire Prevention Bureau Chief, the Code Enforcement Officer or their authorized agent(s) determine(s) that there is a violation of any provisions of said code, they shall give written notice of such violation to the property owner or the lessee or occupant or their agent(s). Such written notice shall:
(1) 
Include a description of the real estate in question sufficient for identification.
(2) 
Include a description of the violation(s) found and the citation to the pertinent provisions of this code.
[Amended 8-11-1997 by Ord. No. 97-337]
(3) 
Specify the remedial action required for correction of said violation(s).
(4) 
Order that said violation(s) be corrected within a reasonable time, such reasonable time to be determined by the Fire Chief, Fire Prevention Bureau Chief, Code Enforcement Officer, or their authorized agent(s)and indicated upon such written notice.
[Amended 8-11-1997 by Ord. No. 97-337; 11-23-2015 by Ord. No. 16-012]
(5) 
State that an appeal from any order, decision or other action of the Fire Chief, Fire Prevention Bureau Chief, Code Enforcement Officer or their authorized agent(s) may be filed with the Board of Appeals pursuant to the regulations set forth in Chapter 23, Article I of the Code of the City of Bangor.
[Amended 8-11-1997 by Ord. No. 97-337]
[Amended 1-13-1997 by Ord. No. 97-59]
A. 
An appeal may be taken from any order, decision or other action of the Fire Chief, Fire Prevention Bureau Chief, Code Enforcement Officer or their agent(s) to the Board of Appeals (herein referred to as the "Board") established by Chapter 23, Article I, of the Code of the City of Bangor. The actions and procedures of the Board, as applicable, shall be governed by the provisions of Chapter 23, Article I of the Code of the City of Bangor. The Code Enforcement Officer shall submit a copy of the appeal to the Fire Prevention Bureau Chief.
B. 
The Board may only reverse the order, decision or other action being appealed from if the appellant shows that it can clearly meet the provisions of §§ 1.3 (Application) and 1.4 (Equivalency) of the Life Safety Code with regard to any alleged violation.
[Amended 11-23-2015 by Ord. No. 16-012]
C. 
Failure of the Board to issue a written notice of its decision within 30 days of the filing of the appeal constitutes a denial of said appeal, unless the appellant agrees, in writing, to an extension of the Board's decision time.[1]
[1]
Editor's Note: Former Subsection D, Appeal to the Superior Court, was repealed 9-23-2002 by Ord. No. 02-342.
The requirements of 30-A M.R.S.A. § 4452 shall apply to the determination of penalties for violations of this chapter. The minimum penalty for a specific violation of this chapter shall be $100 and the maximum penalty shall be $2,500; provided, however, that 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 for violation of the same chapter provision.