City of Belfast, ME Building Code

[Ord. No. 33-1996, § 3, 3-19-1996; Ord. No. 25-2005, 12-7-2004]

The building code adopted in section 74-31 is amended as follows:

Chapter 1, Administration, is amended to read as follows:

Section 1010.0. Scope.

101.1. Title. These regulations shall be known as the Building Code of the City of Belfast, hereinafter referred to as "this code."

101.2. Scope. These regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of all building and structures, and shall apply to existing or proposed buildings and structures, except as such matters are otherwise provided for in other ordinances or statutes, or in the rules and regulations authorized for promulgation under the provisions of the code. This code shall not apply to single-family residences.

101.3. Application of references. Unless otherwise specifically provided for in this code, all references to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

101.4. Intent. This code shall be construed to secure its expressed intent, which is to ensure public safety, health and welfare insofar as they are affected by the building construction, through structural strength, adequate means of egress facilities, sanitary equipment, light and ventilation, and fire safety, and, in general, to secure safety to life and property from all hazards incident to the design, erection, repair, removal, demolition or occupancy of buildings, structures or premises.

Section 102.0. Applicability.

102.1. General. The provisions of this code shall apply to all matters affecting or relating to structures, as set forth in section 101.0. The construction, alteration, repair, addition and removal of all structures shall comply with this code.

102.2. Existing structures. The legal occupancy of any structure existing on the date of adoption of this code, or for which it has been hereto approved, shall be permitted to continue without change, except as is specifically covered in this code or the property maintenance or fire prevention codes listed in chapter 35, or as deemed necessary by the code official for the general safety and welfare of the occupants and the public.

102.3. Matters not provided for. Any requirements that are essential for the structural, fire or sanitary safety of an existing or proposed building or structure, or for the safety of the occupants thereof, which are not specially provided for by this code, shall be determined by the code official.

102.4. Referenced standards. The standards referenced in this code and listed in chapter 35 shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.

Section 103.0. Validity.

103.1. Partial invalidity. If any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions thereof, which are determined to be legal, and it shall be presumed that this code would have been passed without such illegal or invalid parts or provisions.

103.2. Segregation of invalid provisions. Any invalid part of this code shall be segregated from the remainder of this code by the court holding such part invalid, and the remainder shall remain effective.

103.3. Decision involving existing structures. The invalidity of any provisions in any section of this code as applied to existing buildings and structures shall not be held to affect the validity of such section in its application to buildings and structures hereafter erected.

Section 104.0. Office of building inspection.

104.1. Code official. The code enforcement officer shall also be known as the code official.

104.2. Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction, and the code official shall not be removed from the office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.

104.3. Organization. The code official shall appoint such numbers of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this code and as authorized by the appointing authority.

104.4. Deputy. The code official is authorized to designate an employee as deputy who shall exercise all the powers of the code official during the temporary absence or disability of the code official.

104.5. Restriction of employees. An official or employee connected with the office of code enforcement, except one whose only connection is that of a member of the board of appeals established under the provisions of section 121.0, shall not be engaged in or directly or indirectly connected with the furnishing of labor, material or appliances for the construction, alteration or maintenance of buildings, or the preparation of construction documents therefor, unless that person is the owner of the building, nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.

104.6. Relief from personal responsibility. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage occurring to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of building inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

Section 105.0. Duties and powers of the code official.

105.1. General. The code official shall enforce all of the provisions of this code and shall act on any question relative to the mode or manner of construction and materials to be used in the erection, addition to, alteration, repair, removal, demolition, or installation of service equipment and the location, occupancy and maintenance of all buildings and structures, except as otherwise specifically provided for by statutory requirements or as provided for in sections 105.2 through 105.8.

105.2. Applications and permits. The code official shall receive applications and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

105.3. Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.

105.4. Inspections. The code official shall make all of the required inspections, or the code official shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the City manager. The reasonably anticipated cost of such opinion shall be borne and paid for through advance payment to the City by the applicant for the cost of such expert opinion.

105.5. Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

105.6. Rule-making authority. (Deleted.)

105.7. Department records. The code official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records of the City.

105.8. (Deleted.)

Section 106.0. Approval.

106.1. Approved materials and equipment. All materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

106.2. Modifications. When there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the right to change or modify such provisions upon application of the owner or the owner's representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare is ensured.

106.2.1. Records. The application for modification and the final decision of the code official shall be in writing and shall be officially recorded with the application for the permit in the permanent records of the department of building inspection.

106.3. Used materials and equipment. Used materials, equipment and devices shall not be reused unless they have been reconditioned, tested and placed in good and proper working condition and approved by the code official.

106.4. Alternative materials and equipment. The provisions of this code are not intended to prevent the installation of any material or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material and methods of work offered are, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

Section 107.0. Application for permit.

107.1. Permit application. An application shall be submitted to the code official for the following activities, and these activities shall not commence without a permit being issued in accordance with section 108.0:

1. Construct or alter a structure.

2. Construct an addition.

3. Demolish or move a structure.

4. Make a change of occupancy.

5. Install or alter any equipment which is regulated by this code.

6. Move a lot line which affects an existing structure.

107.1.1. Repairs. Application or notice to the code official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, or replacement or relocation of any standpipe, water supply, sewer, drainage, drain leaders, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

107.3. By whom application is made. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the registered design professional employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the qualified applicant or signed statement of the qualified applicant witnessed by the code official or his designee to the effect that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

107.4. Description of work. The application shall contain a general description of the proposed work, the location of the proposed work, the occupancy of all parts of the building or structure, and of all portions of the site or lot not covered by the building or structure, provisions for special inspections required by section 1705.0, and such additional information as required by the code official.

107.5. Construction documents. The application for permit shall be accompanied by not less than two sets of construction documents. The code official is permitted to waive the requirements for filing construction documents when the scope of the work is of a minor nature. When the quality of the materials is essential for conformity to this code, specific information shall be given to establish such quality, and this code shall not be cited, or the term "legal" or its equivalent used, as a substitute for specific information.

107.6. Site plan. Application for a permit shall be accompanied by a site plan showing to scale the size and location of all new construction and all existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot. When, in the opinion of the code official, any of the requirements of this section are deemed unnecessary for the protection of the public health, safety and welfare or for accurately evaluating a request from an applicant, one or more of the provisions may be waived provided a written statement is made in the record by the code official as to why that information is not required to be produced.

107.6.1. Private sewage disposal system. The site plan shall indicate the location of a private disposal system where a public sewer is not available. All technical data and soil data required by the state subsurface water disposal rules, chapter 241, shall be submitted with the plan.

107.6.2. The plans for connection to municipal sewer shall be provided.

107.7. Engineering details. The code official shall require to be filed adequate details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. All engineering plans and computations shall bear the signature and seal of the engineer or architect responsible for the design as required by section 114.1. If an engineered subsurface wastewater disposal system is required, all details for such plan shall be submitted. In the event of connection to municipal sewer, the details for such connection shall be shown.

107.8. Amendments to application. Subject to the limitations of section 107.9, amendments to a plan, application or other records accompanying a plan shall be filed at any time before completion of the work for which the permit is sought or issued. Such amendments shall be deemed part of the original application and shall be filed therewith.

107.9. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the code official shall grant one or more extensions of time for additional periods not exceeding 90 days each if there is reasonable cause.

Section 108.0. Permits.

108.1. Action on application. The code official shall examine or cause to be examined all applications, permits and amendments thereto within a reasonable time after filing. The code official is authorized to have the plans reviewed by BOCA with the applicant/owner paying in advance for such review. This review may be waived by the code official. If the application or the construction documents do not conform to the requirements of all pertinent laws, the code official shall reject such application in writing, stating the reasons therefor. If the code official is satisfied that the proposed work conforms to the requirements of this code and all laws and ordinances applicable thereto, the code official shall issue a permit therefor as soon as practicable.

108.2. Suspension of permit. Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit, or the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.

108.3. Previous approvals. This code shall not require changes in the construction documents, construction or designated use group of a building for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been actively prosecuted within 90 days after the effective date of this code and is completed with dispatch.

108.4. Signature to permit. The code official's signature shall be attached to every permit, or the code official shall authorize a subordinate to affix such signature thereto.

108.5. Approved construction documents. The code official shall stamp or endorse in writing both sets of construction documents "Approved," and one set of the approved construction documents shall be retained by the code official and the other set shall be kept at the building site, open to inspection of the code official or an authorized representative at all reasonable times.

108.6. Revocation of permits. The code official shall revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.

108.8. Posting of permit. A true copy of the building permit shall be kept on the site of operations, open to public inspection, during the entire time of prosecution of the work and until the completion of the work.

108.9. Notice of start. A least a twenty-four-hour notice of start of work under a building permit shall be given to the code official.

Section 109.0. Temporary structures.

109.1. General. Pursuant to a variance granted by the board of appeals under the provisions of section 121.0, the code official shall issue a permit for temporary construction as approved by the zoning board of appeals. Such permits shall be limited as to the time of service, but such temporary construction shall not be permitted for more than one year.

109.2. Special approval. All temporary construction shall conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.

109.3. Termination of approval. The code official is hereby authorized to terminate such special approval and to order the demolition of any such construction at his discretion, or as directed by a decision of the zoning board of appeals.

Section 110.0. Demolition of structures.

110.1. Service connections. Before a structure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.

110.2. Notice to adjoining owners. Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wires or other facilities of which the temporary removal is necessitated by the proposed work shall a permit be granted for the removal of a building or structure.

110.3. Lot regulation. Whenever a structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and erection of the necessary retaining walls and fences in accordance with the provisions of chapter 33.

Section 111.0. Conditions of permit.

111.1. Payment of fees. A permit shall not be issued until all the fees prescribed in chapter 1 have been paid.

111.2. Compliance with code. The permit shall be license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this code or any other duly adopted state or municipal code, rule, regulation or law, except as specifically stipulated by modification or legally granted variation as described in the application.

111.3. Compliance with permit. All work shall conform to the approved application and the approved construction documents for which the permit has been issued and any approved amendments to the approved application or the approved construction documents.

111.4. Compliance with site plan. All new work shall be located strictly in accordance with the approved site plan.

Section 112.0. Fees.

112.1. General. A permit to begin work for new construction, alteration, removal, demolition or other building operation shall not be issued until fees prescribed in this section shall have been paid to the City, nor shall an amendment to a permit necessitating an additional fee be approved until the additional fee has been paid.

112.2. Special fees. The payment of the fee for construction, alteration, removal, or demolition for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or ordinance for water taps, sewer connections, electrical permits, plumbing permits, erection of signs and display structures, marquees or other appurtenant structures, or fees for inspections, certificates of occupancy or other privileges or requirements, both within and without the jurisdiction of the department of code enforcement.

112.3. New construction and alterations. The fees for plan examination, building permits and inspections shall be as prescribed in section 112.3.1, and the appointing authority is authorized to establish by approved rules a schedule of unit rates for buildings and structures of all use groups and types of construction as classified and defined in chapters 1, 3, and 6.

112.3.1. Fee schedule. A fee for each plan examination, building permit and inspection shall be paid in accordance with a fee schedule adopted by the City council.

112.4. Accounting. The treasurer shall keep an accurate account of all fees collected, and such collected fees shall be deposited, upon receipt, with the treasurer.

112.5. Refunds. (Deleted.)

Section 113.0. Inspection.

113.1. Preliminary inspection. Before issuing a permit, the code official shall, if deemed necessary, examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the occupancy thereof.

113.2. Inspections. After issuing a building permit, the code official may conduct inspections from time to time during and upon completion of the work for which a permit has been issued. A record of such examinations and inspections and of all violations of this code shall be maintained by the code official. The owner shall provide for special inspections in accordance with section 1705.0 when required by the code official.

113.2.1. Approved inspection agencies. The code official may accept reports of approved inspection agencies provided such agencies satisfy the requirements as to qualifications and reliability.

113.2.2. Where required by the provisions of this code or by the approved rules, materials assemblies shall be inspected at the point of manufacture or fabrication in accordance with section 1703.3.

113.3. Final inspection. Upon completion of the building or structure, and before issuance of the certificate of occupancy required by section 118.0, a final inspection shall be made. All violations of the approved construction documents and permit shall be noted and the holder of the permit shall be notified of the discrepancies. The issuance of a certificate of use and occupancy shall entitle the applicant to the use and occupancy of the premises but shall not constitute a finding or representation by the City or the code official that all work is, in fact, in accordance with this code. Prior to the issuance of a certificate of use and occupancy, the applicant shall provide to the code official a statement by a certified engineer or architect that the structure and all work relating thereto has been designed and completed in accordance with the requirements of this code. The existence of such statement, although required, shall not be binding upon the code official, who shall have the right to undertake, as he deems necessary, further inspection to determine the accuracy of such certification.

113.4. Right of entry. The code official shall have the authority to enter at any reasonable time any structure or premises for which a permit has been issued but which has not received a certificate of occupancy in accordance with section 118.0.

For all other structures or premises, when the code official has reasonable cause to believe that a code violation exists, the code official is authorized to enter the structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise open to the general public, the code official shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or not obtained, the code official shall pursue recourse as provided by law.

113.5. Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspection and administrative orders as fully as practicable so the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.

Section 114.0. Professional architectural and engineering services.

114.1. General. The construction documents for new construction, alteration, repairs, expansion, addition or modification for buildings or structures shall be prepared by a registered design professional. All construction document requirements for a building permit application shall be prepared by a registered design professional consistent with the professional registration laws of the state. The construction documents shall include the name and address of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration laws of the state.

114.2. Special inspections. Special inspections shall be made in accordance with section 1705.0.

114.2.1. Building permit requirement. This special inspection requirement shall be determined prior to the issuance of the building permit and shall be requisite for the permit issuance as described in section 1705.0.

114.2.2. Fees and costs. All fees and costs related to the performance of special professional services shall be borne by the owner and paid in advance to the City.

Section 115.0. Workmanship.

115.1. General. All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to secure the results intended by this code.

Section 116.0. Violations.

116.1. Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish or occupy any building or structure or equipment regulated by this code, or cause such acts to be done, in conflict with or in violation of any of the provisions of this code.

116.2. Notice of violation. The code official shall serve notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, removal, demolition or occupancy of a building or structure in violation of the provisions of this code or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or a certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and abatement of the violation.

116.3. Prosecution of violation. If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

116.4. Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil land use violation and subject to those penalties set forth in 30-A M.R.S.A. § 4452(3). Each day of a violation shall constitute a separate violation to which the provisions of 30-A M.R.S.A. § 4452 shall apply. All the remedies as set forth in 30-A M.R.S.A. § 4452 shall be available to the City, as well as the right to seek equitable relief through injunction or temporary restraining order as may be necessary. In addition, if the City is the prevailing party, the City shall be entitled to reasonable attorneys' fees, expert witness fees and costs.

116.5. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate the violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or occupancy of a building or structure on or about any premises.

Section 117.0. Stop work order.

117.1. Notice to owner. Upon notice from the code official that work on any building or structure is being prosecuted contrary to the provisions of this code or in an unsafe and dangerous manner, the work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work will be permitted to resume.

117.2. Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a civil penalty as provided for in 30-A M.R.S.A. § 4452. Each day of violation shall constitute a separate violation to which the provisions of 30-A M.R.S.A. § 4452 shall apply.

Section 118.0. Certificate of occupancy.

118.1. General. A certificate of occupancy, indicating completion of the work for which a permit was issued, shall be obtained prior to any occupancy of a structure except as provided in section 118.2.

118.2. Temporary occupancy. Upon the request of the holder of a permit, a temporary certificate of occupancy shall be issued before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely prior to full completion of the structure without endangering life or public welfare. Any occupancy permitted to continue during the work shall be discontinued within 30 days after the completion of the work unless a certificate of occupancy is issued by the code official.

118.3. Revocation of occupancy certificate. An occupancy certificate may be revoked after written notice and an opportunity for hearing. Basis for revocation: (1) material misstatement of fact or information made to the code official, or (2) procurement of a certificate of occupancy based upon fraud.

118.3A. Issuance of certificate. Upon written request from the owner of an existing structure, the code official shall issue a certificate of occupancy, provided that there are not violations of law and orders of the code official pending, and it is established after inspection and investigation that the alleged occupancy of the structure has heretofore existed. This code shall not require the removal, alteration or abandonment of, or prevent the continuance of, the occupancy of a lawfully existing structure, unless such use is deemed to endanger public safety and welfare.

118.4. Contents of certificate. When a structure is entitled thereto, the code official shall issue a certificate of occupancy within 10 days after written application. Upon completion of the final inspection in accordance with section 113.3 and correction of the violations and discrepancies, the certificate of occupancy shall be issued. The certificate of occupancy shall specify the following:

1. The edition of the code under which the permit was issued.

2. The use group and occupancy, in accordance with the provisions of chapter 3.

3. The type of construction as defined in chapter 6.

4. If an automatic sprinkler system is provided, whether the sprinkler system is required.

5. The hazard classification or storage configuration, including aisle widths, for which the automatic sprinkler system is designed.

6. The automatic sprinkler and standpipe system demand at the base of the riser.

7. Any special stipulations and conditions of the building permit.

Section 119.0. Unsafe structures and equipment.

119.1. Conditions. All structures or existing equipment which are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, or inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance or which are not structurally sound, shall be deemed an unsafe condition. All unsafe structures shall be taken down and removed or made safe, as the code official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

119.2. Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

119.3. Notice. If an unsafe condition is found, the code official shall serve on the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvement to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the code official acceptance or rejection of the terms of the order.

119.4. Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally, or (b) sent by certified or registered mail addressed to the owner at the last known address with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered a copy thereof shall be posted in a conspicuous place in or about the structure affected by such a notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

119.5. Restoration. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or changes of occupancy shall comply with the requirements of section 107.1.1 and chapter 34.

Section 120.0. Emergency measures.

120.1. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure or any part thereof which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the code official is hereby authorized and empowered to order and require the occupants to vacate the building or structure forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is Unsafe and its Occupancy has been prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the structure.

120.2. Temporary safeguards. When, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall cause the necessary work to be done to render such structure temporarily safe, whether or not legal procedure herein described has been instituted.

120.4. Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

120.5. Costs of emergency repairs. Performance of emergency work may be initially paid for from the City treasury upon approval of the code official and the City manager. The cost incurred in the performance of emergency work shall be the responsibility of the owner. The legal counsel of the City shall institute appropriate action against the owner of the premises to recover such emergency repair costs initially paid by the City.

120.6. Unsafe equipment deemed unsafe by the code official shall not be operated after the date stated in the notice unless the required repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the code official in writing.

120.6.1. Authority to seal equipment. In the case of an emergency, the code official shall have the authority to seal out of service immediately any unsafe device or equipment regulated by this code.

120.6.2. Unlawful to remove seal. Any device or equipment sealed out of service by the code official shall be plainly identified in an approved manner. The identification shall not be tampered with, defaced or removed except by the code official and shall indicate the reason for such sealing.

Section 121.0. Means of appeal.

121.1. Application for appeal. Any person shall have the right to file an administrative appeal of a decision of the code enforcement officer to the zoning board of appeals as established in article VI, section 11 of the Charter, and in accordance with provisions stipulated in chapter 102, Zoning, article II, Administration, division 4, Appeals and Variances.

121.2. Deleted.

121.3. The zoning board of appeals is specifically prohibited from giving consideration to the granting of a variance from the provisions of this code.

121.4. Deleted.

(b)

Chapter 29, Plumbing. If the provisions of this chapter are in conflict with the State of Maine Internal Plumbing Rules, chapter 238, the more restrictive shall apply.

(c)

Chapter 30, Elevators, is deleted.