The purpose of this Code is to provide for safety, health and public welfare through structural strength and stability, means of egress, adequate light and ventilation and protection to life and property from fire and hazards incident to the design, construction, alteration, removal or demolition of buildings and structures.
The Town of Buxton has adopted the following as its building codes:
"2009 Edition of IBC International Building Code"
"2009 Edition of IRC International Residential Code for One and Two Family Dwellings"
2001 Edition of "NFPA 31 Installation of Oil Burning Equipment"
2003 Edition of "NFPA 101 Life Safety Code"
2003 Edition of "NFPA 211 Standards for Chimneys, Fireplaces, Vents
and Solid Fuel Appliances" (Amended November 28, 2007)
2009 International Energy Conservation Code
Resdidential Radon ASTME 1465-08
In addition to the codes listed above, the Town of Buxton has adopted the following to assist the Code Enforcement Officer in the administration of his/her duties:
CHAPTER 1 ADMINISTRATION
Sec. 101. This ordinance shall be known as the "Building Code of the Town of Buxton, Maine" and shall be construed to secure the safety, health and public welfare through the regulation of construction, alteration, relocation and replacement of buildings; providing for permits and prescribing penalties for violations.
Sec. 102. The provisions of this Code shall apply to new construction, alterations and additions, relocation and replacement of any building or part thereof, in the Town of Buxton, except as exempted in Section 105. Provisions of this Code shall not apply to existing dwellings unless altered, and then only to those parts being altered.
CODE ENFORCEMENT OFFICER
Sec. 103. The Code Enforcement Officer (commonly referred to as the Building Inspector) shall administer and enforce the provisions of this and other applicable ordinances. The Code Enforcement Officer shall be appointed by the Board of Selectmen. An Assistant Code Enforcement Officer may be appointed by the Selectmen, if they deem it necessary, and shall act in the full capacity of Code Enforcement Officer as required. The Code Enforcement Officer and his/her Assistant shall be knowledgeable in the building trades. The Code Enforcement Officer, or his/her Assistant, shall not have any interest, whether directly or indirectly, connected with the work to be inspected by him/her under this Ordinance.
Inspection: The Code Enforcement Officer shall inspect all
buildings being constructed, altered, replaced or relocated
for the purpose of enforcing the provisions of this Code and
all other local and State laws governing the construction,
alteration or replacement of buildings. It shall be the
responsibility of the builder to notify the Code Enforcement
Officer one working day prior to the time a building is ready
for inspection (and the Code Enforcement Officer shall inspect
it within one working day of notification) for the following:
1. Foundation and Framing
a. Foundation Inspection: Commonly made after poles or piers
are set or trenches or basement areas are excavated and forms
erected and any required reinforcing steel is in place and
prior to the placing of concrete.
b. Framing Inspection: Before plumbing, wiring and chimney
are closed in.
2. Final Inspection
a. Final Inspection: Commonly made after construction is
completed and ready for occupancy prior to issuance of an
3. Other Inspections
In addition to the inspections required above, the Code
Enforcement Officer may make or require any other inspections
to ascertain compliance with this Code and other laws enforced
by the Town of Buxton. Failure to notify shall be a violation
of this Ordinance and subject to the enforcement provisions of
RIGHT OF ENTRY
Sec. 104. The Code Enforcement Officer in the performance of his/her duties, and at reasonable times, may enter any building with the consent of the owner or his/her agent, for the purpose of making the inspection required by this Code. If consent is not granted, the Code Enforcement Officer may seek an administrative warrant from District Court. The Code Enforcement Officer and/or his/her Assistant, shall be defended by the Corporation Counsel of the Town of Buxton until final determination of the proceedings.
Sec. 105. Before construction, alteration, relocation, demolition or replacement of any building or part thereof shall be commenced, except as specifically exempted, the owner or lessee, or the architect, contractor or builder employed by such owner or lessee shall obtain from the Code Enforcement Officer a permit covering such proposed work. A certificate of approval by official governmental agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site. A final inspection shall be provided in accordance with this Code.
1.Normal Maintenance: Normal maintenance (including but not limited to re-roofing and residing) may be made without filing an application or obtaining a permit.
2.Minimum Amount: No permit shall be required for the construction, alteration, relocation, or replacement of any building or part thereof, so long as it conforms with the provisions of this Ordinance, within the Town of Buxton, to the extent of $1000 or less of total fair market value. The burden of proof in regard to this value rests with the property owner.
B. Application: The application for the permit shall be in writing and shall be made on such form as the Code Enforcement Officer prescribe, and shall contain a scale drawing of the proposed new, altered or relocated building, or the replacement contemplated, including a plot plan (unless waived by the Code Enforcement Officer). The application shall be filed with the office of the Code Enforcement Officer.
C. Permit Approval: The Code Enforcement Officer, after proper examination of the application shall either issue the requested permit or transmit a notice of refusal within 10 calendar days. Notice of refusal shall be in writing and shall state the reasons therefore. However, when the Code Enforcement Officer has reason to believe that the proposed construction would not be in compliance with other local regulations or state laws, he/she shall not issue any building permit until all questions have been resolved to his/her satisfaction. When a violation of subdivision standards is believed to exist, the Planning Board shall be given an opportunity to examine the proposal.
D. Life of Permit: All building permits shall be void unless work there under is begun within six months from the date of issuance, and completed within eighteen months of issuance, unless another Building Permit is renewed and paid for.
E. Display of Permit: Every building permit shall be displayed in a conspicuous place on the premises and shall not be removed until all work covered by the permit has been approved.
The fee for building permits shall be calculated by the square foot based on use. Fees shall be established for certain permits not based on area, but on function, such as signs, removal of tanks, and such other items as the Selectmen deem necessary. The Selectmen shall set and update the fees as required. The fee shall be paid to the Code Enforcement Officer before any Building Permit is issued. The Code Enforcement Officer shall forward all fees collected to the Town Treasurer on a weekly basis.
CERTIFICATE OF OCCUPANCY
Sec. 107. No new building shall be occupied after its construction until a certificate of occupancy is issued from the Code Enforcement Officer. The Inspector shall issue said certificate after proper examination shows that all work was performed in compliance with the provisions of this Ordinance.
A. Temporary Certificate: Upon request of the holder of a building permit, or of the owner, the Building Inspector shall issue a temporary certificate of occupancy for part of a building or structure; provided that such temporary occupancy or use would not jeopardize life or property. In special cases where extreme hardship would otherwise result, the Code Enforcement Officer may issue a Certificate of Partial Completion to enable a building to be occupied before it has been entirely completed. In order to qualify for a Certificate of Partial Completion, all bedrooms shall have at least two means of egress (typically a door and a window meeting egress standards, but two doors leading to two separate paths is also acceptable); plumbing pipes must be either complete or be capped; the electrical panel cover must be in place; and the
roof must be weather-tight. Such a Certificate shall expire after 12 months and may be renewed by the Code Enforcement Officer. The Code Enforcement Officer shall inspect such buildings at least once a year until they have been completed, and he shall note in writing all uncompleted items existing on the inspection date. A copy of his/her inspection report shall be mailed to the applicant within seven days of the inspection.
DISPOSAL OF WASTE DURING CONSTRUCTION
Sec. 108. Waste material and rubbish shall not be stored nor allowed to accumulate within the building or in the immediate vicinity, but shall be removed from the premises as rapidly as practical.
Sec. 109. No person or firm shall begin construction of or erect a swimming pool without first obtaining a building permit. The Code Enforcement Officer shall issue a permit only after satisfying himself from plans or specifications presented by the applicant that the proposed swimming pool will conform with the following requirements.
A. Pools to be Kept Enclosed: Every swimming pool shall be enclosed by a fence or wall at least four feet in height, which shall have no openings larger than four inches in the least dimension, constructed so as to exclude children. Any building or related structure may be included as a part of the required enclosure. Any inaccessible banking or earth or any body of water, either of which cannot be traversed readily on foot shall be considered a part of the enclosure. All gates and door openings through the enclosure shall be equipped with a latching device for keeping the gate or door securely latched at all times when not in use. Latches shall be installed so that doors may be unlatched from the outside only by reaching over the fence to an inside latch. Any pool constructed above ground level shall have a self-closing gate,
which is a minimum of four feet in height. It is the intent of this section to provide for personal safety.
B. Set-Back Requirements: No swimming pool shall be constructed closer than 20 feet from the side or rear lot line, nor closer to the front line of any lot than would be permitted for buildings or other structures by other provisions of this Ordinance. All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining or any other maintenance related activity shall not be located closer to a property line than the minimum yard dimensions of the zoning district in which the pool is located.
C. All electrical service to the pool and equipment shall be protected by a ground-fault circuit interrupter.
CONFLICT WITH OTHER CODES AND ORDINANCES
Sec. 110. Where there is a conflict between this Code and the requirements of any other code or ordinance of the Town of Buxton, the more restrictive shall apply. This Building Code replaces the previously adopted building code of the Town of Buxton, which is hereby replaced.
Sec. 111. All building construction or work performed in violation of the provisions of this Code, which includes the codes adopted by reference herein, or any occupancy of any building constructed as a dwelling without the required certificate of occupancy shall be considered a nuisance. Any persons found guilty of creating such nuisance shall be subject to a fine of not less than $100 for each offense. Each day in which a violation is proved to exist shall constitute a separate offense under this section. In addition to the above, any work in violation of this code shall be removed to allow inspection.
RIGHT OF APPEAL
A. Any applicant who is denied a Building Permit under Sec. 105 or an inspection certificate under Sec. 103 may appeal their denial to the Board of Appeals. All appeals shall be submitted in writing, and shall include sketches or drawings to illustrate the issue for consideration.
B. The Board of Appeals is hereby authorized to determine whether the Code Enforcement Officer made any errors of interpretation or any errors of procedure in administering this Code, after conducting a public hearing as required by State Law (Title 30, MRSA, Sec. 2411).
C. All decisions of the Board of Appeals shall become part of the record and shall include a written statement of findings and conclusions, as well as the reasons or basis for such conclusions. Notice of decisions shall be mailed to the applicant and to the Code Enforcement Officer within 7 days of the decision being made.
Sec. 113. The provisions of this Code are not intended to prevent the use of any materials or method of construction not specifically prescribed by this Code, provided any such alternative meet the performance standards referred to in Chapter 47 of the CABO One and Two Family Dwelling Code. The Code Enforcement Officer may approve any such alternative provided he finds that the proposed design is satisfactory and complies with accepted design criteria. The Code Enforcement Officer may require that evidence or proof be submitted to substantiate any claims that may be made regarding its use.
Sec. 114. Certain words and phrases shall be construed throughout this Code to have the meaning indicated in this Section.
Alteration: As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities; or an enlargement whether by extending on a side or by increasing in height.
BOCA: Building Officials and Code Administrators International, Inc.
Building: Means a combination of materials to form a construction that is safe and stable, and adapted to permanent, continuous, or seasonal occupancy for assembly, business, educational, institutional, mercantile, residential, storage or similar purposes; the term "building" shall be construed as if followed by the words "or portion thereof".
Building Existing: Existing building is a building erected prior to the adoption of this Code, or one for which a legal building permit has been issued, prior to adoption of this Code.
Building Inspector: Building Inspector is the town official who is charged with the administration and enforcement of this Code. The term "Building Inspector" includes the term "Building Official" and "Code Enforcement Officer".
Code: This term shall also mean "ordinance".
Dwelling Unit: Dwelling unit is a single unit providing complete independent living facilities for one or more persons having permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit must contain at least 480 sq. ft. of floor space. This term does not include camper trailers.
Expansion: is defined as meaning: 1.Construction of additions to existing facilities, buildings and structures; and 2.Construction of new freestanding facilities, buildings and structures. Under definition 1 and 2 above, construction is limited to an expansion of existing facilities, buildings and structures and other facilities, buildings and structures reasonably or customarily associated with said existing facilities, buildings and structures.
Hot Water: Hot water means water at a temperature of not less than 120 degrees F.
Loads: Live and Dead: Dead loads are the weight of the walls, partitions, framing, floors, ceilings, roofs and all other permanent stationary construction entering into and becoming a part of the building. Live loads are all loads (including snow loads), except dead and lateral loads.
Lot Line: Means a line dividing one lot from another, or from a street or other public space.
Lot of Record: Means a lot duly recorded at the office of the York County Registry of Deeds, as of the effective date of this Ordinance.
Owner: Includes his/her duly authorized agent or attorney, a purchaser, devisee, fiduciary, and a person having a vested or contingent interest in the property in question.
Repair: Means the replacement of existing work with equivalent materials for the purpose of its maintenance.
Street Line: Means a lot line dividing a lot from a street.
Street: Any commonly traveled thoroughfare, either publicly or privately maintained, which is open to the public, which affords the principal means of access to abutting lots. The definition of "street" does not include driveway.
Structure: See "Building"
Swimming Pool: An outdoor man-made receptacle having a surface area of 250 feet or more, designed to hold water to a depth of at least 24 inches, primarily for swimming or bathing whether in the ground or above the ground.
DILAPIDATED/UNSAFE BUILDINGS AND STRUCTURES
Sec. 115. Dilapidated or unsafe structures shall be treated as follows:
A. Application: The term unsafe building or structure shall apply to buildings or structures or portions thereof, existing or hereafter erected, as follows:
1.Those deemed structurally unsafe, unstable, unsanitary, inadequately provided with exit facilities, constituting a fire hazard, unsuitable or improper for the use of occupancy to which they are put; constituting a hazard of health or safety because of inadequate maintenance, dilapidated, obsolescence or abandonment; or otherwise dangerous to life or property.
2.Vacant buildings or structures or portions thereof deemed to constitute a hazard.
B. Notice of Unsafe Buildings or Structures: Upon determining that a building or structure or portion thereof is unsafe, the Code Enforcement Officer shall serve or cause to be served on the owner, or some one of the owners, executors, administrators, agents, lessees or other persons who may have a vested or contingent interest in the same, a written notice containing a description of the building or structure or portion which is unsafe, and an order requiring that same to be made safe and secure or removed, as may be deemed necessary by him. If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice and order shall be sent by certified or registered mail to the last known address of such person; and a copy of such notice shall be posted in a conspicuous place on the premises to
which it relates. Such mailing and posting shall be deemed adequate service.
C. Hearing: Any person having a legal interest in the unsafe building may request that the Selectmen hold a public hearing within thirty days of the notice being issued. Notice of the hearing shall be given in ample time to allow public attendance.
D. Restoration of Unsafe Building or Structure: A building or structure or part thereof declared unsafe by the Code Enforcement Officer may be restored to safe condition; provided that if the damage or cost of reconstruction or restoration is in excess of 50 percent of the value of the building or structure, exclusive of foundations, such building or structures, if reconstructed or restored, shall be made to conform with respect to materials and type of construction, to the requirements of this code; but no change of use or occupancy shall be compelled by reason of such reconstruction or restoration.
E. Disregard of Unsafe Notice: If the person served with a notice or order to remove or repair an unsafe building or structure or portion thereof should fail, within a reasonable time, to comply with the requirements thereof, the Code Enforcement Officer shall advise the Selectmen of all the facts in the case, and they shall institute an appropriate action in accordance with the procedures set forth in Title 17, Maine Revised Statutes Annotated, section 2851 et seq.
APPLICATION AND SEVERABILITY
Sec. 116. This Code shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.
Sec. 117. Should any section, or part thereof, of this Ordinance be held by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be invalid.
Sec. 118. No amendments to this Ordinance shall apply to outstanding permits issued before the effective day of the amendment. This code may be amended at any Town Meeting or referendum vote of the town.