During last evening's Town of Lebanon Public Hearing, our Code Enforcement Officer, Mike Beaulieu spoke on behalf of the need for changing some of the building codes and electrical permitting in our town.
According to Mr. Beaulieu, the town had the option of changing the code of building interior non load bearing walls to require the studs be set at 16 inches on center rather than the 24 inches on center that is currently accepted in the Lebanon Building Code.
Budget Committee member Chip Harlow was adamant that this code was NOT legal for the residents of Lebanon to even vote on, as the State of Maine mandates our town to follow the MUBEC (Maine Uniform Building and Energy Code).
Beaulieu, new to Lebanon's Code Enforcement Officer position, spoke up just as fiercely in defense of his proposed "IBC" permitting process. (which is only PART of the Maine Building Code and Standard.
This afternoon, while trying to complete the uploading of meeting video, I was messaged by Mr. Harlow, once again in regards to the ordinance that CEO Beaulieu has placed on the November 3, 2015 Lebanon Ballot.
I have to admit that I was a little put out by revisiting this in the middle of trying to upload several hours of video footage, BUT, because I've been wrong before a time or two, and because Mr. Harlow usually has a valid point if he's THAT sure of himself, I went to the Maine Bureau of Building Codes and Standards and looked up the Maine State Law that governs these things, and here is what I found.............
PLEASE LOOK ON THIS PAGE UNDER THE HEADING:
CODE ADOPTION HISTORY
CODE ADOPTION HISTORY
If I'm reading this correctly, Mr. Harlow may once again prove that he has done his homework with regards to pending ordinance changes.
Here are a few points to support Chip Harlow's statements......
A.) The 2010 United States Census shows the town of Lebanon, Maine to have a counted population was 6,031 people.
B.) The State of Maine law states under the Code Adoption portion of the Bureau of Building Codes and Standards, states that As of September, 2011, (original date was December 2010) Towns of 4,000 people or more, (2010 mandate was for towns over 2,000 people), MUST adopt MUBEC (Maine Uniform Building and Energy Code), IF they had a building code in place by August of 2008. (so in other words, if there were a Building Code in place, with necessary Code Enforcement, they would have to UPGRADE to the new code by September, 2011).
If there were NO Building code in place, a Town of over 4,000 people would be able to put off that mandatory date until July 1, 2012, giving the Town an additional 10 months time to hold elections and appoint Code Enforcement to oversee the Building Code and Permitting requirements.
Therefore, IF there were more than 4,000 people in town by July 1, 2012, which according to the US Census, there were, then Lebanon would have been required to adopt the State of Maine Building and Energy Codes, MUBEC. No Vote, No Questions, just BAM.....You had better comply or else!!
Did we have a Building Code in place prior to August 2008?? I believe we did.
Therefore, Mr. Harlow has a point. There is no need for the Residents of Lebanon to vote on any changes to a building code that is mandated by the state. We are REQUIRED BY LAW to have one.
No two ways about it.
Can we vote to amend the MUBEC to include more stringent requirements?? Can we vote to alter the MUBEC to ease up on a requirement or two??
The answer is NO.........
7. What about local modifications to the Maine Uniform Building Codes and Energy Code?
· The Maine Uniform Building Code and Energy Code replace all local building codes.
· Cities and towns may not amend any MUBEC provisions. They can however put things like requirements for a sprinkler system in new construction under Life Safety type ordinances. The municipalities just cannot amend the adopted MUBEC code.
Stricter code enforcement is coming to Lebanon and buildings WILL conform to state code.
I tried to reach out to Mr. Beaulieu this evening, however he was in a class and unable to discuss the matter with me any further at this moment.
I wanted to present what Mr. Harlow was saying and what he's seeing that makes him so sure that this is a REQUIREMENT under State Law, and that Lebanon has been in violation of this law for at least the past 3 years if not 4, and Mr. Harlow is saying 5.
According to Mr. Harlow, the State of Maine Bureau of Building Codes and Standards said that they would be reaching out to Select Board Chairman Ben Thompson today (October 21, 2015) and informing him of the violation.
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