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Town of Bar Harbor, ME
Hancock County
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[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 10-2-1990 as Ch. 5 of the 1990 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 36.
Electrical installations — See Ch. 70.
Health and sanitation — See Ch. 109.
[Amended 5-18-2004 by Ord. No. 2004-5; 2-18-2020 by Ord. No. 2020-02]
A. 
Life Safety Code adopted. The 2018 edition of the NFPA 101 Life Safety Code, as amended to avoid conflict with the Maine Uniform Building and Energy Code and as published by the National Fire Protection Association, is hereby adopted as the official Life Safety Code of the Town of Bar Harbor. A copy of said code shall be kept on file in the office of the Clerk of the Town of Bar Harbor.
[Amended 7-2-2020 by Ord. No. 2020-06]
(1) 
Amendments. NFPA 101, Life Safety Code, 2018 edition, is adopted in its published form as if fully set forth herein, with the following amendments and exceptions:
(a) 
Unvented fuel-fired heaters. Unvented fuel-fired heaters shall not be used in a bedroom or bathroom or in a manufactured home.
(b) 
Extinguishment requirements in one- and two-family dwellings. Section 24.3.5.1 of NFPA 101, Life Safety Code, 2018 edition, is not incorporated by reference.
(c) 
Stair risers, guards, treads, and tread nosing. The following provisions of NFPA 101, Life Safety Code, 2018 edition, are modified as indicated: The maximum height of risers as prescribed in Chapter 24, Section 24.2.5, is modified to permit a maximum seven-and-three-quarter-inch riser for newly constructed stairs in one- and two-family dwellings only. The minimum height of guards as prescribed in Chapter 24, Section 24.2.5, is modified to permit a minimum guard height of 36 inches for newly constructed stairs in one- and two-family dwellings only. The minimum tread depth as prescribed in Chapter 24, Section 24.2.5, shall be amended to permit a ten-inch tread depth for newly constructed stairs in one- and two-family dwellings only. Tread nosing as prescribed in Chapter 7, Section 7.2.2.3.3.2, is modified to permit a nosing at least 3/4 inch but not more than 1 1/4 inches in depth for newly constructed one- and two-family dwellings. Nosings are not required where tread depth is not less than 11 inches.
(d) 
Separated occupancies. Tables 6.1.14.4.1 Part 1 and 2, "Required Separation of Occupancies (hours)," shall be cross referenced with Table 508.4, "Required Separation of Occupancies," of the 2015 International Building Code (IBC). Where separation requirements in the two tables conflict, separation requirements set forth in the IBC table control.
(e) 
Accessory occupancies. Chapter 6, Section 6.1.14.1.3, of NFPA 101, Life Safety Code, 2018 edition, is not incorporated. Section 508.2, Accessory Occupancies, of the 2015 International Building Code governs.
(f) 
Dead-end corridors. The following provisions of NFPA 101, Life Safety Code, 2018 edition, are modified as indicated: Chapter 18, Section 18.2.5.2, is modified to require dead-end corridors not to exceed 20 feet. Chapter 32, Section 32.3.2.5.4, is modified to require dead-end corridors not to exceed 50 feet. Chapter 42, Table 42.2.5, is modified to require that a dead-end corridor in an ordinary hazard storage occupancy protected by a sprinkler system not exceed 50 feet. A dead-end corridor in an ordinary hazard storage occupancy not protected by a sprinkler shall not exceed 20 feet.
(g) 
Chapter 33.7.3.6. Add Section 19.7 shall apply in such instances.
B. 
Fire Prevention Code adopted. In accordance with 30-A M.R.S.A. § 3003, as amended, the NFPA 1, Uniform Fire Code, 2018 edition, as published by the National Fire Protection Association, is hereby adopted as the Fire Prevention Code of the Town of Bar Harbor. A copy of said code shall be kept on file in the office of the Clerk of the Town of Bar Harbor. Said code is hereby incorporated by reference as the minimum standards for safeguarding life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
[Amended 7-2-2020 by Ord. No. 2020-06]
(1) 
Amendments. NFPA 1, Uniform Fire Code, 2018 Edition, is adopted in its published form as if fully set forth herein, with the following amendments and exceptions:
(a) 
Chapter 13, Section 3.2.20.1, of NFPA 1, Uniform Fire Code, 2018 edition, is not incorporated.
(b) 
Chapter 13, Section 3.2.3 shall be amended to read as follows: Chapter 13, Section 3.2.3 New buildings housing emergency fire, rescue or ambulance services shall be protected throughout by approved supervised automatic sprinkler systems. Sprinklers shall be permitted to be omitted from emergency fire, rescue or ambulance services that are storing vehicles or equipment only and are not part of a multiple mixed occupancy.
C. 
Penalty. The violation of any provision of said Fire Prevention Code or Life Safety Code shall be punishable by a fine of not more than $500 plus costs and/or imprisonment for not more than six months. This penalty shall be deemed to be exclusive of any other appropriate legal or equitable action. Each day any violation of said code occurs or continues shall constitute a separate offense.
A. 
Forest fires. It shall be the duty of the Council at any time it considers a period of fire emergency exists to:
(1) 
Declare any part of all woods, fields or other areas closed to entry, except by owners or tenants or agents thereof.
(2) 
Prohibit smoking, building of fires or other acts that may cause fire in or upon any woods, fields or other areas.
B. 
Council action. The Council shall have the authority to immediately put into effect the provision of this section by a proclamation issued through any locally circulated newspaper, posters or radio or television announcement.
A. 
Burning permit required. It shall be unlawful for any person or persons to burn or cause to be burned trash, lumber, brush, leaves, straw, or any other combustible materials out of doors within the limits of the Town of Bar Harbor without having a written permit duly signed by the Fire Chief granting them this privilege.
B. 
Thirty-six-hour limit. No person or persons shall allow to remain longer than 36 hours in any alley or on any sidewalk or premises, within 30 feet of any building, empty boxes, barrels, rubbish, trash, wastepaper, excelsior, or other like combustible materials, or open container of combustible liquid, or permit a hazardous accumulation of rubbish or combustible material in any building.
C. 
Ashes. No person or persons shall be allowed to place ashes within any building in any box, barrel, or other wooden vessel or upon any wooden vessel or floor.
D. 
Adequate containers. No person shall keep or permit to be kept on the premises any oily waste or oily rags, unless at all times when not actually in use such oily waste and oily rags are kept in a metal can with a self-closing cover and riveted joints, standing on metal legs which raise the bottom of the container at least five inches above combustible floors.
E. 
Inspection allowed. All owners or occupants of buildings are required to permit the Building Inspector or the Chief of the Fire Department to inspect their buildings to determine whether or not there is compliance with the provisions of this section. Such inspections may be made whenever and wherever the Building Inspector or Chief of the Fire Department may suspect a violation of the provisions of this article.
A. 
Oil burner standards. No oil-burning equipment and no fuel storage tank to be used in connection therewith shall be installed, maintained or used in the Town of Bar Harbor unless it shall conform to the standards established by the Oil Burnermen's Licensing Board, pursuant to the provisions of Chapter 33 of Title 32 of the Maine Revised Statutes, as amended,[1] and with the standards herein prescribed, whichever shall be higher. No such equipment or storage tank shall be installed, maintained or used which shall be unsafe or which shall endanger life or property.
[1]
Editor's Note: See 32 M.R.S.A. § 2311 et seq.
B. 
No installation to be made before application. No person, firm or corporation shall install any such equipment or tank without application for a certificate therefor having first been made to the Chief of the Fire Department. Such application shall describe the installation to be made, the name of the person, firm or corporation making such installation, whether or not such installer is licensed by the Oil Burnermen's Licensing Board, and such other matter as may be required by the Chief. Application for such certificate shall be in writing, signed either by the owner of the premises upon which such equipment or tank is to be installed or by the person who shall make such installation. The fee for such certificate shall be required in an amount sufficient to cover the cost of the inspection hereinafter required.
C. 
Equipment not to be used before certificate issued. After such equipment or tank has been installed, and within 48 hours after notice therefor from the applicant, the Chief of the Fire Department or a Fire Inspector shall inspect the same, and the Chief shall issue such certificate upon being satisfied that such equipment and tank and the installation thereof comply with the requirements of this section. No person, firm or corporation shall use any such equipment or tank, or maintain the same for more than four days after installation of the same shall have been complete, unless a certificate for such equipment or tank shall be in effect. Failure to inspect equipment within the specified time shall constitute approval.
D. 
No certificate required for existing installations. No certificate shall be required for the maintenance or use of any such equipment or tank where such equipment or tank was installed prior to the effective date of this chapter. All such equipment and tanks should conform to the standards set in Subsection A of this section.
E. 
Revocation of certificate. If such equipment or tank should not comply with the standards set in Subsection A hereof, the Chief of the Fire Department should notify the installer and set forth wherein the installation does not meet the specifications of the standards. The installer shall have seven days after date of notification to comply with the standards set in Subsection A. If, after the expiration of this period, the Fire Chief shall determine that the installation is still in violation of the standards as set forth in Subsection A, he shall give written notice that such equipment or tank does not conform to the Oil Burnermen's Licensing Board.
F. 
Minimum flash point. No person, firm or corporation shall use oil in any oil-burning equipment in the Town of Bar Harbor unless its flash point is not less than 100º F., closed cup test.