Not ever having to deal with following building codes, LMTS has been trying to dive into this debate and figure it out for myself.
Since I'm figuring things out for myself, I thought I would share my findings on the page and hopefully answer some of the questions out there about the Town of Lebanon Building Code, the MUBEC Building Code, when MUBEC should have been enacted, who should have known and didn't, and maybe stop some of the finger pointing and arguing over which building code should be being enforced within the town of Lebanon.
First let's reference the old Building Code for the Town of Lebanon Maine as provided by Lebanon Town Clerk Mandy Grenier.
This document follows, along with its consecutive amendments...........
BUILDING CODE ORDINANCE
TOWN OF LEBANON, MAINE
Sec. 1. Administration
The Selectmen, assisted by the Code Enforcement Officer shall be the administrative officers of this ordinance. The CEO shall receive applications for permits allowing the erection, alterations, or change of use of buildings, as provided in this ordinance; shall keep complete records of all applications and the action taken on the applications, promptly survey and inspect ail buildings, alterations or use proposed, and may issue permits for erection, alterations or change of use of ail buildings, if in their opinion the proposal complies with the law of the State, this ordinance and bylaws.
Sec. 2. Permit Required
No building construction shall be started; no alterations of existing buildings that will increase floor or height measurements, and no building shall be put to any different use than on the day of enactment of this ordinance, until a permit thereof has been issued under the terms of this ordinance. Any building that is moved from one location to another shall comply or be altered to comply with this ordinance within one (1) year after relocation.
Sec. 3. Permit Application Procedure; Fees
No application for a permit required by this ordinance shall receive action by the Code Enforcement Officer unless made in writing. All applications for a permit to build, construct, or alter any building, shall be accompanied by a sketch or plan of the proposed
building or alteration.
A building permit shall become void upon completion of work for which the permit was issued or two (2) years from date of issue. Work incomplete upon the expiration of the permit shall he considered a violation of the Building Code, and shall be subject to the provisions of Section 8, Enforcement (unless covered by a renewal permit). Extension of each permit or each renewal permit shall not be valid for a period of more than one (I) year.
A building permit shall become void unless operations are commenced within six (6) months from the date of approval. An extension permit may be granted.
NO permit shall be transferable from any applicant to any other person or corporation.
....Effective March 20, 1989 —The new rates for construction permits are as follows:
20C per square foot of Dwelling or commercial floor space. IOC per Square foot of utility floor space.
A. All other construction requiring permits, including chimneys at a rate of $2.00 per Thousand of Estimated cost with a minimum fee of $20.00"
B. Additions & Altergtions: $4.00 per thousgn4 @rSingle familv residential & S8.OO per thousand
commercial.
C. Include additions with new construction & increase square foot cost of,constructien .40 cents for sinqle family. residential & .75 cents commercial.
D. include fees for startinq construction without a permit, to be double the permit fees or SIOO.pq
whichever is greater.
E. Assess re-inspection fees $25.00 to be paid prior to the next scheduling of an appointment.
Sec. 4. Consideration of Application
Upon receiving such application the Code Enforcement Officer (CEO) shall promptly take such action as may be indicated in the way of investigation or public hearings, to acquaint himself with the merits of the application. If the CEO finds the proposed building, alteration, or use of building, to conform with the law and this ordinance, the CEO may at once issue the permit in writing. If the CEO finds the proposal in any conflict with the law or this ordinance he shall fix whatever restrictions or conditions on the proposed construction or use, as may be in the best judgment, right and proper, or for reasonable cause refuse the permit.
If no action is taken by the CEO within thirty (30) days from the date of the applications the permit shall be considered refused. Any oversight or neglect of duty on the part of the CEO, Code Enforcement Officer, shall not legalize the construction, alteration, or change of use of any building which is regulated by this ordinance.
Sec. 5. Building Standards
No building or structure shall be erected, altered, rebuilt, or relocated unless in compliance with the following:
a,Garages. No public garage having any service or repair enterprise shall be erected or enlarged unless the new construction be of noncombustible material.
b. Trailer Additions. All additions must comply with this building ordinance. Any mobile home or trailer cannot be used as an addition to a dwelling house or mobile home that is used as a dwelling.
c. Roofs. No roof of any building shall be covered or recovered in whole or in part save with noncombustible or fire resistant roofing materials.
d. Chimney Construction. No chimney shall be built, erected, or altered below the roof unless containing a tile lining and with an iron clean-out door at or near its base, and shall extend at least two (2) feet above the roof. No chimney shall be built erected, or altered below the roof having wood or other combustible materials within two (2) inches of the chimney. All chimneys must be constructed of masonry from the ground up on a solid masonry base.
e, Foundation, All structures shall be set on solid foundations of cement, brick, stone, or other acceptable masonry, except that in special cases where the buildings are to be used for accessory or seasonal use, the CEO may waiver the requirements of this section and permit the use of wood, metal or masonry piers, provided that the crawl spaces on seasonal dwellings are enclosed by latticework.
f. Minimum Building Area, Every dwelling unit to be used by a single family shall have a minimum ground floor area equivalent to twenty by twenty-five feet (20' x 25') in dimensions.
g. Outside Walls. Outside walls shall be constructed of material commonly used for outside construction, and materials customarily painted shall be painted. Tarred or roofing paper shall be permitted only as a temporary covering. Permanent siding shall be applied before expiration of the permit.
h. Sewerage. All newly constructed dwellings, commercial, public or industrial buildings, and all mobile homes and trailers used
as dwellings, shall be connected to or provided with a septic tank type sewerage disposal system.
i. Change of use. The use of any building may be changed provided it complies with all the regulations of this ordinance, and does not detract from local property, or cause a nuisance or menace.
j. Exceptions. The construction of small accessory buildings not used for dwelling purposes, together with minor alterations, repairs and general upkeep of existing buildings; shall be exempt from the provisions of this ordinance, provided in the opinion
of the Selectmen, this construction, minor alterations, repairs, and upkeep, does not cause an unsightly appearance or nuisance.
k. Bearing or Exterior walls shall be at least two (2) by four (4) inch studs sixteen (16) inches on center. Outside corner post shall be the equivalent of not less than three (3) pieces of two (2) by four (4) inch studs, braced by not less than one (I) piece of one (I) by four (4) inch continuous diagonal brace from shoe to plate let into studs. Bracing may be omitted when plywood sheets four (4) by eight (8) feet panels are used.
Non Bearing partitions. Studs in nonbearing partitions shall not be spaced more than twenty-four (24) inches on center. This applies to interior walls only.
Framing Over Openings - All openings in exterior and interior walls, windows, doors and fireplaces shall have headers made up
of:
30 inch opening or less.
30 to 48 inch.
48 inches to eight feet.
8 feet to 12 feet.
12 feet to 16 feet,
At least two (2), two (2) by four (4) inches nailed together.
At least two (2), two (2) by six (6) inch nailed together.
At least two (2), two (2) by eight (8) inch nailed together.
At least two (2), two (2) by ten (10) inch nailed together.
At least two (2), two (2) by twelve (12) inch nailed together.
Floor Joist shall be spaced not more than sixteen (16) inches oncenter and shall be at least two (2) by eight (8) inch stock.
Roof Rafters shall be spaced not more than sixteen (16) inches on center and shall be at least two (2) by six (6) inch stock.
Exception: Roof trusses prefabricated may be two (2) by four (4) inch properly nailed with gussets sixteen (16) on Center.
Mobile homes and trailers shall be exempt from the foundations provisions of this ordinance. Mobile homes and
Trailers may be exempted from the minimum ground floor area regulation, if in the opinion of the CEO. the area is adequate for the number of residents involved.
The area of enclosed porches on lake-shore seasoned dwellings shall be considered as part of the ground floor area.
** AMENDMENT TO BUILDING CODE ORDINANCE
ARTICLE 5, SECTION F
MINIMUM BUILDING AREA
Every Dwelling unit to be used by a single family shall have a minimum living area of 720 square feet. ( The temporary accommodation of an additional family member e.g. mother-in-law in a studio apartment, so-called), shall not be considered a separate dwelling unit.
** Amendment adopted by Town Meeting vote on March 14, 1987.
*** AMENDMENT TO BUILDING CODE ORDINANCE
ARTICLE 5, SECTION F
MINIMUM BUILDING AREA
Definition of in-law/studio apartment: A small apartment consisting of one main living space, a small kitchen and a bath.
An in-law/studio apartment is created by converting part of an existing single-family dwelling into a separate dwelling unit with only one bedroom, which is accessory to the single-family use. The accessory apartment shall conform to all of the following standards:
A. The accessory apartment shall not have a separate, identifiable front entrance.
B. The accessory apartment shall not alter the single-family character of the structure. The principal unit in the structure shall be occupied by the owner, and the owner shall file a declaration with the CEO indicating that the in-law shall not be used as a rental unit. Continiued occupancy of the accessory apartment upon sale or transfer of the property shall be conditioned upon the new owner agreeing to the owner occupancy requirement.
*** Amendment adopted by Town Meeting vote on June 9, 2009.
AMENDMENT TO BUILDING CODE ORDINANCE
SECTION 3
PERMIT APPLICATION PROCEDURE (FEES)
Minimum Building Fees for single family residential: $40.00 Commercial: $50.00
Additions and alterations: $4.00 per thousand for single family residential and $8.00 per thousand commercial.
Include additions with new construction and increase square foot cost of construction .40 cents for single family residential and .75 cents commercial.
Include fees for starting construction without a permit, to be double the permit fees or $100.00, whichever is greater.
Assess re-inspection fees of $25.00 to be paid prior to the next scheduling of an appointment.
**** Amendment adopted by Town Meeting vote on June 8, 2010.
Okay, so we can clearly see that the original Lebanon Building Code was enacted in the late 1980's with the last amendment added on June 8, 2010..........
So now the Maine State Law that references the use of MUBEC as universal building code for Maine towns.........
Intro/Brief:
After the legislative establishment of the Maine Uniform Building and Energy Code (MUBEC) in April 2008 by LD 2257 (enacted as P.L. 699), the Bureau of Building Codes and Standards (within the Department of Public Safety) has issued regulations setting the 2009 IECC and ASHRAE 90.1-2007 as the mandatory energy standards for residential, commercial, and public buildings statewide.
The MUBEC is effective June 1, 2010. There will a six-month transition period during which towns may still enforce their previous codes. Among the new rules:
- Towns with a population of 2,000 that had a building code on August 1, 2008 will be required to begin enforcing the code December 1, 2010.
- Towns with a population of 2,000 that did not have a building code on August 1, 2008 will be required to begin enforcing the code December 1, 2012.
- Towns with a population under 2,000 are not required to enforce the code.
- The MUBEC replaces all local municipal building codes. Cities and towns may not amend any MUBEC provisions, even to make it more stringent.
- Enforcement is the responsibility of local jurisdictions. Municipalities without a CEO certified by the State Planning Office may authorize a Third-party Inspector to conduct compliance inspections and prepare a report to be given to the municipal CEO as an application for the Certificate of Occupancy.
As we can clearly see, included in the "intro" section, MUBEC was effective on June 1, 2010, and the Maine State Law calls for it to have been in place in towns with over 2,000 residents (The Town of Lebanon) on or before December 1, 2010 as the town had an active Building Code in place since at least the 1980s.
With all the hoopla about $800 Building Permits, let's go back to the original Lebanon Building Ordinance. The cost of $4.00 per square foot was enacted in an amendment (Referenced above as Section 3) on June 8, 2010. So in reality, all New Construction Building Permits should have been being charged this way for the last 6 years.
So now the question becomes whether or not current Code Enforcement Officer, Mike Beaulieu is correct in penning the proposed new Building Ordinance, calling for the town voters to move to fall into compliance (legally, as in, actually in writing), and follow MUBEC Building Code, like we should have been since December of 2010, or we continue on with nothing in writing to document that change, but also nothing in writing to show that we have legally moved to fall into enforcement of Maine State Law.
This decision is completely up to the Voters of the Town of Lebanon.
If we choose to do nothing, the old Building Code remains on the town books and is not overturned and we comply to Maine State Law silently, as mandated.
If we vote to enact, the fees will remain the same as they have been since 2010, and the Town of Lebanon has a legal Ordinance on the books showing our compliance with MUBEC, and merging with the same fee schedule voted in back in 2010.
As we make this decision, it is important that as many people as possible look at and review the proposed NEW Lebanon Building Code, in the same place as the old one. So below, please read and review the proposed Lebanon Building Code.
Maine Uniform Building and Energy Code Administrative Ordinance -
Town of Lebanon, Maine
I. Title.
This ordinance shall be known and may be cited as the "Maine Uniform Building and Energy Code Administrative Ordinance" of the Town of Lebanon, Maine.
2. Purpose and Authority
The purpose of this Ordinance is to establish administrative and enforcement provisions in relation to the Maine Uniform Building and Energy Code (MUBEC). The Town has authority to enact building code provisions relating to local enforcement, per MRSA Title 10 9724(5).
3. Code Administration
In accordance with MRSA 25 2373, the MUBEC must be enforced in the Town of Lebanon beginning July 1, 2012. The Town is required to enforce the MUBEC through inspections that comply with the code. A copy of MUBEC is and shall remain on file with the Town Clerk and is available for public use, inspection and examination. Enforcement of the MUBEC will occur through inspections by the Code Enforcement Officer for structures covered under the International Residential Code and through third-party inspectors for structures covered under the International Building Code. The MUBEC shall be administered within the Town of Lebanon by the Code Enforcement Officer.
4. Duties of Code Enforcement Officer
The Code Enforcement Officer's duties shall be as outlined in the MUBEC, and shall include but are not limited to:
a. Receive permit applications, examine construction documents and issue permits for the erection and alterations of buildings and structures.
b. For structures covered by the International Residential Code, the Code Enforcement Officer shall inspect premises for which permits are issued, make all required inspections, or accept reports of inspection by approved agencies.
c. For structures covered by the International Building Code, the Code Enforcement
Officer shall receive certified reports from Third - Party Inspectors as outlined below.
d. Enforce compliance with the provisions of the code and issue notices or orders to ensure compliance, including suspending or revoking permits.
e. Render interpretations of the MUBEC and policies and procedures to clarify the application of its provisions.
f. Keep official records, applications received, permits and certificates issued, .fees collected, reports of inspections by the Code Enforcement Officer and Third - Party
Inspectors, as well as notices and orders issued.
g. Impose any applicable fees and ensure proper payments have been made before or upon issuance of any permits
h. Refer permits requiring subdivision, shoreland zoning or floodplain review to the Planning Board as required.
i. Investigate complaints and act on violations as outlined herein.
j. Issue Certificates of Occupancy as per 25 MRSA 2357-A and the MUBEC.
5. Building Permits Required
The construction, alteration, repair, removal, demolition, occupancy and maintenance of all buildings and structures shall comply with the MUBEC. Building permits are required as per the
MUBEC and shall become void upon completion of work for which the permit was issued or one
(I) year from date of issue. An extension of the permit may be granted by the Code Enforcement Officer upon written request to the Code Enforcement Officer made prior to the expiration.
6. Building Permit Application
Application for a building permit shall include the following:
a. Identify and describe the work to be covered by the permit for which application is made.
b.Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
c. Indicate the use and occupancy for which the proposed work is intended. Be accompanied by construction documents and other information as required by MUBEC.
d. State the estimated valuation of the proposed work.
e. Be signed by the applicant or the applicant's authorized agent.
f. Give such other data and information as required by the building official.
g. For structures covered by the International Building Code — Include certification of a contractual arrangement between a Third-Party Inspector and the building owner A copy of all required State of Maine Fire Marshal's building permits.
h. Be accompanied by the required fee as set forth below.
7. Permit Approval.
The Code Enforcement Officer shall examine applications and shall within seven (7) days either issue the requested permit or provide a written notice of refusal to the applicant stating the reasons therefore. All additional permits required for the proposed projects shall be obtained
prior to issuance of the building permit.
8. Fees.
Upon submission of an application, the applicant shall pay a non-refundable application fee. No building permit shall be issued until all fees due have been paid. All fees required by this
Ordinance are outlined as follows...
A. Minimum Building Fees for single family residential: $40.00 Commercial: $50.00
B. Additions and alterations: Include additions with new construction and increase square foot cost of construction .40 cents per square foot for single family residential and .75 cents per square foot commercial.
C. Fees for starting construction without a permit shall be double the permit fees or $100.00, whichever is greater.
D. Re-inspection fees of $25.00 shall be paid prior to the scheduling of an inspection appointment.
9. Inspections.
In accordance with the MUBEC, for structures covered by the International Residential Code, upon notification the Code Enforcement Officer shall make the required inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder wherein the same fails to comply. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Code Enforcement Officer. Work shall not be done beyond the point indicated in each inspection without first obtaining the approval of the Code Enforcement Officer.
10. Third-Party Inspectors (as defined in MRSA 25 2371).
For structures covered by the International Building Code, certified reports from third-party inspectors, as outlined in 25 MRSA 2373(4), shall be submitted to the Code Enforcement Officer prior to obtaining a certificate of occupancy as required in 25 MRSA 2357-A. Such third-party inspections shall be obtained pursuant to independent contractual arrangements between the building owner and a third-party inspector.
11. Permit Modifications.
After issuance, any modifications to a permit shall require a revised permit application and a revised permit prior to beginning work.
12. Certificate of Occupancy.
No Building or structure that is the subject of a building permit or change of use of permit shall be used or occupied until the Code Enforcement Officer issues a Certificate of Occupancy per 25
MRSA 2357-A and in accordance with the MUBEC. For structures covered by the International Building Code, the Code Enforcement Officer shall issue a Certificate of Occupancy based on receipt of a satisfactory inspection report by a certified third-party inspector.
13. Enforcement.
Enforcement and penalties shall be consistent with 30-A MRSA 4452. It shall be unlawful to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by the MUBEC without a building permit, or cause the same to be done, in conflict with or in violation of any of the provisions of the MUBEC. If the Code Enforcement
Officer finds that any of the provisions of this Ordinance are being violated, the Code
Enforcement Officer shall serve a notice of violation on the person responsible for the violation. Such notice shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The Code Enforcement Officer shall be responsible for initial efforts to enforce the provisions of this Ordinance as set forth in 30-A MRSA 4452.
14. Penalties.
Any person, firm or corporation owning or having control of any building or premises or part thereof who violates any of the provisions of this Ordinance commits a civil violation and is subject to civil penalties under 30-A MRSA 4452. Each day such violation or failure to comply is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate violation. All fines shall be paid to the Town of Lebanon.
15. Appeals.
In accordance with MRSA 25 2356 and MRSA 30-A 4103(5) and the Board of Appeals
Ordinance, an appeal may be taken in writing from any order or decision of the Code Enforcement Officer to the Board of Appeals. Fees for appeals shall be established by the Appeals Board Ordinance.
16. Savings Clause.
If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid, this finding shall not affect the remainder of this Ordinance. All inconsistent ordinances previously adopted are hereby repealed.
The choice is still up to the Voters of the Town of Lebanon and your voice will be heard in your vote on May 10, 2016 when you mark your ballot at the Lebanon Town Vote.
Thank you for giving a moment of your time in order to read the information and educate yourselves to the changes proposed for your town's Building Code Ordinance.
