Lebanon Building Code Ordinance: A Discussion with Selectman Ben Thompson and the Lebanon Town Attorneys.

LMTS has shared with the voters of Lebanon, several pieces of information on the proposed Building Code Ordinance that will be appearing for your vote on the May 10, 2016 Lebanon Town Ballot.
Tonight we hear from Selectman Ben Thompson, and from the Attorneys for the Town of Lebanon with regards to changes, additions and necessity of voting on this ordinance.
Thank you to Selectman Thompson for sharing with us all.


Ben Thompson ::::So in an effort to be fair to the voters, I share the following email directly from our Town attorney:
Thank you, Ben Thompson.

Ben –

I spoke with Mike and understand the difference between the current and proposed ordinance in regard to the building permit fees. So to respond to Chip’s comments:

Sections B and C of the current ordinance are conflicting – Section B calculates fees for applications for additions and alterations according to the construction cost and Section C calculates costs for additions and new construction according to the square footage. According to Mike, in practice the Town only applies section C. The purpose of the amendment is to eliminate Section B in its entirety, leaving only that section which has been applied by the town historically. So yes, a building permit fee for an 800 sq. ft. addition is $320 under the proposed amendment, but it is the same under section C of the current ordinance.

With regard to the comment about a kitchen renovation, note that the following activities do not need a permit under MUBEC: Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. So a basic kitchen remodel would not require a permit.

Finally, with regard to the third party inspector, the current ordinance is silent with regard to third-party inspectors and only mentions the CEO. The proposed ordinance clearly states multiple times that the CEO will inspect construction that falls under the IRC and third party inspectors will be used to inspect projects under the IBC. I did not see any conflicting working in the proposed ordinance.

Let me know if you have any questions.

Thank you

Mary

Mary E. Costigan
Shareholder

207 774-1200 main

BERNSTEIN SHUR
CELEBRATING 1OO YEARS | Portland, ME | Augusta, ME | Manchester, NH
Confidentiality notice: This message is intended only for the person to whom addressed in the text above and may contain privileged or confidential information. If you are not that person, any use of this message is prohibited. We request that you notify us by reply to this message, and then delete all copies of this message including any contained in your reply. Thank you.

 

 

Lebanon Maine Truth Seekers Thank you for sharing that e mail, Ben Thompson..........may I copy and paste it with your name on it to the page website and include it in the discussion regarding the Building Code Ordinance???

 

 

 

Ben Thompson Yes please. Also to put the third party inspector question to rest as well.....please share and read,

"14. Who enforces the Maine Uniform Building Codes and Energy Code?

The Code Enforcement Officer (CEO)/Building Official enforces the codes in towns with populations of more than 4,000 persons. Inspections by the CEO are required to obtain a Certificate of Occupancy. If towns under 4,000 elect after 9/28/11, to adopt and enforce building and/or energy codes: the CEO/BO would enforce the code. If a town under 4,000 elects to have no code, no enforcement is necessary. However it would be beneficial if builders/contractors/property owners still built to code as financial institutions, insurance agencies and real estate owners may be requiring inspection reports.

15. Who enforces the Maine Uniform Building and Energy Code if there is no local Code Enforcement Officer or if there is one, that person is not trained in the building codes or energy codes?
The town may have a CEO, but their job description may be limited to working with land use issues, shoreland zoning or plumbing regulations. Municipalities have the following options:

A. Building officials/Code enforcement officers: Inspections performed by building officials certified pursuant to 30-A M.R.S. §4451.

B. Inspections by virtue of inter-local agreements: Inspections performed by virtue of inter-local agreements with other municipalities, that share the use of building officials, certified in building standards pursuant to 30-A M.R.S. §4451.

C. Contractual agreements: Inspections performed by virtue of contractual agreements with one or more municipalities, or county or regional authorities, that share the use of building officials certified in building standards pursuant to 10 M.R.S. §9723.

D. Third party inspection by report: Inspections performed and verified by reports from a TPI, certified pursuant to 10 M.R.S. §9723.

FOLLOW THIS LINK
AND SEE FAQ ON THE SIDEBAR.... http://www.maine.gov/dps/bbcs/

 

 

 

Ben Thompson So under the state mandated MUBEC code, the CEO is the default inspector in municipalities over 4,000 residents. At the 2010 census, we were over 6,000. The proposed ordinance asks the citizens' to allow the Code Enforcement Officer to not have to inspect commercial properties, but allow third party inspectors. The citizens have to vote to allow this change.

Lebanon Resident Speaks With Regards to Proposed Building Code Ordinance.

LMTS received an interesting e mail from Lebanon resident Chip Harlow this morning.

In reaching out to Chip, he has agreed to allow me to use his e mail toward better understanding in the very complicated world of Building Code Ordinance discussion.

 

Many of us here in Lebanon do not understand Building Code Ordinances. We arrive at the poles like virgins arriving at the top of a mountain. Whether we are thrown from a cliff and sacrificed all depends on how much we take the time to educate ourselves prior to making that final check mark on the ballot.

 

Chip has spelled out his personal objections to the passing of the proposed Lebanon Building Code Ordinance, which will be presented on the May 10, 2016 Lebanon Town Ballot.

 

***Please note that this e mail was shared with permission of it's creator, the information expressed are the comments and beliefs of the resident submitting it for your review. They are the statement of the individual and not of LMTS, regardless of whether we agree or do not......ALL page friends are welcome to submit information, objections, or comments via the Facebook comments section, or via e mail for publication and consideration. No comments or e mails will be shared without the author's name attached for validity and accountability of statement.***

 

Thank You. ~~Deborah Dorey Wilson, Lebanon Maine Truth Seekers.

 

Below, please find the statement by Mr. Harlow, addressing Lebanon residents........

 

 

 

So, comparing the current CEO ordinance with the proposed, there is actually a huge difference in permit fees! If you look at current ordinance, including the addendum approved on June 8, 2010, additions and alterations  for single family is $4.00 per thousand of estimated cost. So if cost is $10k, then permit would be $40. For example, let's build a 800sqft garage for say $20k. Current ordinance would charge $80, proposed ordinance would charge $320.  Big difference!!!!!!!  Proposed ordinance is 40 cents a square foot. Upon careful review of the two ordinances, it was noticed that there may actually be a transcribing/typo error. It looks like the attempt was to use the addendum from 2010 for the fees in the proposed ordinance but they combined two lines by accident and left out some wording. 

Current Ordinance

A. Minimum Building fees for single family residential: $40.00 Commercial: $50.00

B. Additions & Alterations: $4.00 per thousand for single family residential & $8.00 per thousand commercial (my note: per thousand is referring to estimated cost)

C. Include additions with new construction & increase square foot cost of construction .40 cents for single family residential & .75 cents commercial.

D. Include fees for starting construction without a permit, to be double the permit fees or $100.00 whichever is greater

E. Assess re-inspection fees $25.00 to be paid prior to the next scheduling of an appointment

Proposed Ordinance

 

A. Exactly the same as above.

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 & .75 cents per square foot commercial

C. Fees for starting construction without a permit shall be double the permit fee or $100.00, whichever is greater.

D. Re-inspection fees of $25.00 shall be paid prior to the scheduling of an inspection appointment

As you can see, in the new ordinance, lines B and C of current ordinance have been combined into just B of the proposed, and consequently has a totally different meaning and will potentially cost the resident a lot more money.

New construction would be the same. No difference btw current and proposed.

Also, current ordinance only requires permits for alterations that would change the overall height or footprint of the home. So, if I were to remodel my kitchen, no permit is required, but under the proposed ordinance, one would be. I don't necessarily disagree, but this has not been fully explained to the people, and since a permit would now be needed, and extra cost to the resident is incurred. 

These are just my initial thoughts. Also, the current ordinance allows third party inspectors. There is conflicting wording in the proposed ordinance about the use of third party inspectors for residential.

Chip Harlow

Some Lebanon Building Code Information.... The Facts, Ma'am, Only the Facts.

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.

Selectmen's Meeting Notes, March 7, 2016

 

The Lebanon Maine Truth Seekers is not an official representative of the Lebanon Maine Board of Selectmen. The notes below are not an official record of the Town of Lebanon or any of their boards or committees, they are only the notes of LMTS resident sitting in on Board meetings. For the official minutes of these meetings, please see the Town of Lebanon Maine Official Town Website.

In light of statements made by individuals at the Lebanon Maine Board of Selectmen's Meeting, it is also important for us to write that we do not represent any one person, board or committee within the Town of Lebanon, Maine and that these are only our notes on the events, happenings and statements during that meeting.

 

The Lebanon Maine Board of Selectmen met on their normal Monday evening schedule on March 7, 2016.

The published agenda, stated that Road Commissioner Tom Torno would be seen at 4 pm, however, as is often the case, Mr. Torno did not attend the meeting.

Because they had the extra time, Chairman of the Board, Ben Thompson, asked the Town Clerk, Mandy Grenier if she were prepared to present the draft copies of the referendum questions that will appear on the May 10th, 2016 Town of Lebanon Ballot.
Ms. Grenier came in prepared with 39 draft referendum questions, and began to read them to the Board members, as she read, the Selectmen voted to recommend each item to the voters, or not to recommend.
Selectman Heath noted that he was not comfortable doing so in a public forum, however, Chairman Thompson stated that their recommendations were public knowledge and the reading and voting of the referendum questions continued.
The final four questions were regarding the voter's choice regarding ordinances outlining the duties and responsibilities of several town Boards and Committees. Both Selectman Heath and Nadeau stated that they were not comfortable recommending (or not recommending) an ordinance that was not yet in final copy, and that they would like to discontinue the recommendation votes until such time as they can see the ordinance in complete form as it will appear before the voters at Public Hearing.
Selectman Thompson agreed with the pair and the Board of three was united in making a motion that they strike all the recommendations from this evening until the ballot and all ordinances were completed so that they know exactly what they are recommending (or not) to Lebanon voters.

Ms. Grenier presented an e mail from Lebanon resident Jeri Basko, which asked the Selectmen to construct and place on the ballot, a Recall Ordinance, allowing for voters to have a way to vote elected officials out of office should they believe the official to be ineffective in their position.
The discussion began with Selectman Thompson stating that he was "all for" putting this ordinance in front of the voters, however both Selectmen Heath and Nadeau stated that they wanted Ms. Basko to present a signed citizens petition for this ordinance to be placed on the ballot.
Selectman Thompson stated that the law provides for two ways for a resident to have a referendum placed on a ballot. The first is to ask the Board of Selectmen to craft a proposal and place it on the ballot, and the second would be to organize a Citizen's Petition.
A Citizen's Petition would require that the petitioner craft the referendum or ordinance proposal, attach it to signature sheets, and obtain the validated signatures of at least 214 registered voters in the Town of Lebanon (10% of the total number of voters (including absentee) who took part in the last gubernatorial election). The petitioner would have to have the final signed petition to the Lebanon Town Clerk no later than 35 days prior to the scheduled election. Since the Lebanon Town Election is scheduled to coincide with the School Budget Vote on May 10th, 2016, 35 days prior would place the petition due into the Town Office on or about April 5, 2016.

Motion was made by Select Board Chairman Ben Thompson that the Recall Ordinance requested by Budget Committee Chairman Jeri Basko to be placed on the May 10th ballot be accepted and placed on that ballot. Neither Selectman Heath or Selectman Nadeau would second that motion. Not passed.

Selectman Heath then made a motion that the Recall Ordinance requested by Budget Committee Chairman Jeri Basko be required to get the required signatures in order to be placed on the May 10th ballot. Motion was seconded by Selectman Nadeau and the vote showed 2 in favor, and Selectman Thompson voting No. The Recall Ordinance will require Citizen's Petition signatures in order to be placed on the May 10th Lebanon ballot.

Town Clerk Grenier then presented a signed Citizen's Petition filed by resident Corinna Cole requesting that the Board place on the May 10th ballot, a decision to change the current town government from a Board of 3 Selectmen to a Board of 5 Selectmen.
The petition, circulated by Ms. Cole and LMTS Deborah Wilson, would ask the voters to authorize the election of 2 additional Selectmen's positions on the 2016 Town Meeting Ballot, with 1 position expiring after a 2 year term in 2018 and the other expiring after a 3 year term in 2019 with both elected positions to continue as 3 year terms with alternating schedules thereafter as existing elected Selectmen positions, thus effectively crating a 5 member Selectman's Board, until revoked by Town Vote.
The Town Clerk certified that she had checked the signatures presented with the petition and found that there were 224 valid and certified signatures, 10 more than the 214 needed to be a valid Citizen's Petition.
Selectman Thompson questioned the dates mentioned in the Citizen's Petition, as due to Maine State Law, the first election of an additional Board Member, would not be able to be held until the May 2017 Town Vote, if the petition were approved by the voters in May 2016.
Ms. Grenier stated that she had contacted Maine Municipal Association to ask the same question. She had their answer (2 options) printed out, however, when ready to read the answer, Selectman Thompson stated that he questioned whether or not legal counsel had to be read publicly. The Board Members each read the MMA options to themselves.
Discussion was held that the signatures represented on the Citizen's Petition seemed to be from many different groups and areas of Lebanon and not from a single group of friends or co workers.
Selectman Nadeau stated that he thought, if the petition was circulated and the people of Lebanon had signed it, they should put it before the people and let them decide.
Selectman Heath questioned that if the voters approved this question, would it be held as a legal vote due to the dates on the question.
Town Clerk Grenier stated that the Board could approve a change in the dates to be written on the ballot, allowing for the dates to be correct on the Town Ballot.
Selectman Thompson asked the Board if they thought they should strip the dates out of the petition all together, or change the dates to reflect correctly, all were in agreement to change the dates.

Selectman Thompson stated that the Board would have to motion for the dates to be changed from those listed on the original petition, and vote in agreement to do that.

Thompson then made the motion that the Board of Selectmen reject the Citizens Petition requesting the creation of a 5 member Select Board presented by Corinna Cole due to incorrect proposed dates, and correct the dates to reflect the election on the 2017 Town Meeting Ballot, with 2 additional terms ending in 2019 and 2020, and place the Citizen's Petition on the 2016 Town Ballot. Selectman Nadeau seconded the motion and all 3 Board Members voted in the affirmative. The question will appear on the May 10, 2016 Town Meeting Ballot.

Town Clerk Many Grenier asked if she should include the question at the top of the ballot where Citizen's Petitions usually were placed, or due to the date change, if she should include it with the other town referendum questions. Selectman Thompson stated that the question should still be presented at the top of the ballot as a Citizen's Petition.

At 5 pm, Selectmen's Assistant Sue Collins presented a number of paperwork and discussion items to the Board, including information requested for the Town's insurance policy, a Veteran's tax exemption application, and information on the most recent inspection of the Town Office fire alarm system.
There was discussion on the Town Office fire alarm system and some upgrades that will need to be made before too long.

At 5:03, the Board entered into Executive Session citing Personnel Reasons. Entering into the Executive Session with the Board were Selectmen's Assistant Sue Collins, Town Treasurer Jeanette Lemay, and the Union Representative for the Town Office Personnel, Tracy Place.
The three women exited the meeting at 5:28 pm, and left the building, however, the Board remained in Executive Session, until 5:48 pm.

Selectman Thompson stated that no decisions were made during the Executive Session.

The Board returned to regular session with Selectmen Heath and Nadeau speaking to LMTS Deborah Wilson regarding the proposed Lebanon Clean Up Day scheduled for Saturday, May 7, 2016.
Selectman Nadeau stated that he wanted Wilson to be clear in speaking to people regarding Lebanon Clean Up Day, that this was a day to clean up the roadsides of Lebanon, and not a cellar, attic and junk pick up day, or a "free day" at the Transfer Station.
Wilson agreed that people should not be using the day for a "free pass" for large items to be brought to the Transfer Station, but that ALL items cleaned from local roadsides should be bagged and brought to the side of the road, or in the case of larger items, dragged to the side of the road by 1 pm and would be picked up by Road Commissioner Torno and his Highway Department crew between 1 pm and 3 pm on Lebanon Clean Up Day and brought to the Transfer Station.
Once again, Selectman Nadeau stated that no personal household items would be picked up, only items cleaned from the roadsides of Lebanon were to be picked up by the Highway Department crew.
Wilson again agreed to that stipulation.

At 6 pm, resident Chris Gilpatrick, accompanied by his son, Chris Gilpatrick, Jr. entered to address the Board on a complaint.
Mr. Gilpatrick stated that he had been having some recent problems with Code Enforcement Officer, Mike Beaulieu, with regards to building permits for his new home and garage.
Chris Gilpatrick, Jr. spoke to the Board stating that he was tired of the run around with regards to their permitting, and that he and his father would be hiring a 3rd party building inspector to complete any and all further inspections on their project, adding the reason for this action was that they had no faith in the Town of Lebanon Code Enforcement Officer and they would no longer need his service.
Selectman Thompson stated that he had been with the Code Enforcement Officer when he went to the property and that they could not find the Building Permit, which states in writing, that it is to be displayed at all times in a prominent place on the structure.
Both Gilpatrick men stated that the permits had been in the front window, which Selectman Thompson denied.
Arguments went back and forth, ending with the elder Gilpatrick stating that the Code Enforcement Officer had also lost the file on his property, which held plot maps, building permit copies and drawings.
Thompson denied that the folder had been lost.
Mr. Gilpatrick stated that he had a message on his cell phone from Beaulieu stating that he had misplaced the file and Thompson asked to hear the message. Gilpatrick obliged by playing the message.
The voice mail identified the caller as Code Enforcement Officer Mike Beaulieu. Continuing on,  Beaulieu stated that he had happened to be in the area of the new Gilpatrick garage and had noted a new home being built in an adjoining lot, and wondered if that were the new planned Gilpatrick home. The voice mail stated that Beaulieu had looked at the building and had found no information attached to the structure, stating that he was sure that it was a simple mistake and that he would like to meet with the Gilpatricks, view the maps, stating that he had misplaced the file on the project, and that he would be in the office until 2:15 that afternoon and would like the Gilpatricks to call to make an appointment to come in and speak with him.
The message was professional and friendly, however both Gilpatricks stated that they were angry over the loss of the file, which contained all the inspections done on the garage by former Code Enforcement Officer Brian Paul.
Selectman Thompson offered to look into the situation, stating that the men could not simply hire a 3rd party inspector to replace the Town Code Enforcement Inspection, but both men aggressively maintained that they could do just that.
The argument continued with some harsh language by the Gilpatricks and with both men and Selectmen Thompson raising their voices frequently.
Chris Gilpatrick, Jr. spoke, stating that he thought that there were people on the Board of Selectmen who liked to set the tone for the meetings, asking the Board of three to remember "Who works for who?". He continued on, saying that he didn't come to the Board to be placated, didn't need their arrogance, and did not appreciate being treated like a child.
Selectman Thompson simply replied "Ditto".
The younger Gilpatrick continued stating that he didn't beat his chest or raise his voice, but that he had zero faith in the Town Code Enforcement Officer and that if the file had been viewed, it would have been clear they had the building permits, and that the permits were visible to anyone with half an iota of intelligence.
Gilpatrick Junior stated that he had only come to alert the Selectmen that they were hiring a 3rd party inspector to come and inspect the buildings, and that no representative of the Town of Lebanon would be allowed on their property at any time in the future.
Selectman Thompson questioned Chris Jr. on when he had received his building permit, and was answered that the Permit was received on February 16, 2016. Thompson continued on stating that he had personally viewed the pouring of the slabs on Gilpatrick Jr.'s Facebook page in early December.
The argument again escalated with the elder Gilpatrick stating that there was no permit needed to pour the slab, and Thompson arguing against that statement.
Gilpatrick stated he had discussed the entire process with previous CEO Brian Paul.
Thompson stated that the close relationship between he and Mr. Paul was obvious, to which Gilpatrick stated that he had no close relationship with Mr. Paul, but that he was not going to kiss the ___ (rear end) of Mr. Beaulieu or chase him down for permits and inspections.
Once again, Gilpatrick questioned the misplacement of his project folder, and Thompson stated that the folder was not lost at all.
As the argument continued back and forth, Thompson asked the other two Board members to step in, asking them if Beaulieu had mentioned anything to them about a lost or missing project folder. Both Selectmen stated that Beaulieu had not mentioned that in their presence.
The elder Gilpatrick stated once again that he intended to finish his building with inspections by a 3rd party inspector, and Thompson told him that he could not just supersede the intentions of the voters of the Town of Lebanon who clearly voted to require the CEO to make the inspections.
Gilpatrick stated that he found both Beaulieu and Paul Philbrick, (who stands in for Beaulieu while he is in training sessions), to be incompetent.
At that time, Thompson stated that Mr. Gilpatrick was treading very close to the line of defaming Mr. Beaulieu's character and that he would be well advised to schedule an Executive Session with the Board of Selectmen in order to discuss problems with Mr. Beaulieu's job performance or character.
Mr. Gilpatrick countered, demanding an immediate Executive Session, but Thompson denied that request, stating that Beaulieu was not in the office at that time of night and that a legal Executive Session must include the right of the Town Employee to be present when the complaint was discussed.
The argument continued on in raised voices with Gilpatrick stating that he wanted an immediate Executive Session and Thompson telling him to speak to his State Rep, (Gerrish) with regards to laws on Executive Session. Gilpatrick stated that Rep. Gerrish had informed him of his rights, and from there the conversation got more than negative toward Thompson's thoughts on Gerrish's understanding of the law. Thompson stated that any Executive Session had to include the right of the Employee to attend and that only that Employee could waive the right to have that discussion in Executive Session. Once again, both Gilpatricks entered into another raised voice argument with Thompson.
Thompson finally stated that he was going to tell Chris Gilpatrick, Jr. to leave, and the younger man challenged Thompson's authority to do that, stating that the Select Board was a Board of three and that Thompson could not, acting alone, force him to leave the meeting.
Thompson looked to the other Board members with Nadeau questioning "Wait, where exactly are we at right now?", and then Selectman Heath answering that Thompson was the Chairman of the Board and if he wanted Gilpatrick Jr, removed from the building, that Heath would back him up.
Voices quieted at that point, however the elder Gilpatrick stated that he was angry that CEO Beaulieu made $20 an hour for sitting on his ___ (rear end) and couldn't even be responsible for finding a project file.
Gilpatrick, Jr. stated that there was a clearly a discrepancy in Beaulieu's abilities and that the family wanted no part of him, choosing instead to continue on with the hiring of a 3rd party inspector to complete the project, and if the town had problems with that, then they should do what they needed to do.
Selectman Thompson requested that the Gilpatricks provide their argument and intentions to the Board in writing, and Gilpatrick Sr. stated that he would have the contract from the 3rd party inspector within the week.
Once again the argument took the form of a shouting match, with Gilpatrick Jr. quieting his father by telling him that he was being "goaded" and to quiet down.
Gilpatrick Sr. did stop the argument and requested a copy of everything in his project folder to present to the 3rd party inspector, and Thompson agreed to provide that information as a verbal Right to Know request.
The Gilpatrick men left the building at 6:21 pm with Gilpatrick Sr. stating that Beaulieu could stay off his property in the future, as he would have no reason to be there.

Selectman Thompson motioned to grant Gilpatrick's verbal Right to Know request by providing him copies of all that was in his project folder, without charging him for the copies. The motion was quickly seconded by Selectman Nadeau and all three voted in favor.

The Board discussed their need to work on their revised Personnel Policy, however they all agreed it had been a difficult evening and that they would work on finishing the Policy at their March 14th meeting.

At 6;25 pm, Selectman Nadeau asked to adjourn the meeting, however, Selectman Heath stated that he still had to sign payroll, and Selectman Thompson stated that he also had to stay due to several events during the meeting requiring him to write letters. With two Selectmen staying in the office the meeting could not be officially adjourned, but Selectman Nadeau stated that he was leaving for the evening and the other two members stated they would not have a problem with that.

LMTS left all three Selectmen in the Board Meeting room at 6:30 pm.

Lebanon Resident Questions Code Enforcement Officer Qualifications With Regards to Criteria Set by Maine State Law.

Lebanon resident and Budget Committee Chairman Chip Harlow has asked us to share with you all an e mail that was penned to Lebanon Board of Selectmen Chairman Ben Thompson today, December 3, 2015, after a lengthy discussion with the Lebanon Code Enforcement Officer, Mike Beaulieu last evening.
Sharing this note and the corresponding Maine State Law is not finger pointing at any one person or town board, but a note to keep in mind as Mr. Harlow continues to research the requirements for Code Enforcement Officers in the State of Maine.
We'll continue to watch this situation, and let you know as things progress.
We thank Mr. Harlow for making this content available to the residents of Lebanon.
If you have questions or comments, we hope that you will take the time to ask, or state your concerns.
It is only through many eyes and many people working together that we will be able to figure this all out and come up with an acceptable resolution and answer.

To Ben Thompson, Chairman of the Board of Selectmen, Lebanon, Maine.

 

During the presentation of the CEO budget to the Budget Committee last night, a question was raised as to certification requirements for building standards. The CEO said there was no certification requirement.

As a resident, I find this response highly disturbing, because as you can see from the attached Chapter from the Dept of Economic and Community Development, there is indeed a certification for building standards as required by State law, 30-A MRSA, section 4451, subsection 5!!!

Specifically, see Sections 3 and 4 in the attached.

As a budget committee member, I also find this highly disturbing, because his new budget is asking to increase his hours to 35+ hours which would also make him eligible for benefits. Why should we be spending more money and giving benefits to someone who does not know the requirements of his job?? On top of this, it appears that due to Ben's friendship with the CEO, there may be an issue with impartiality in reviewing this issue.

While the CEO seems like a nice guy, I have deep reservations in his qualifications and ability as a CEO. If the town does not have a qualified inspector, this brings all sorts of other issues, as in legal issues, decreasing property values, and decreased revenue to the town, thus high taxes.

I would like to request a formal answer to this issue in a timely manner.

Chip Harlow
To see the Maine State Law that Mr. Harlow has examined and is questioning,
CLICK HERE:

http://www.mainelegislature.org/legis/statutes/30-A/title30-Asec4451.html

Selectmen's Meeting Agenda Released for Monday, October 29, 2015

SELECTMEN’S MEETING

Monday October 29, 2015

　

　

　

AGENDA:

4:00 PM Juliette Lamb – Taxes, 43 Kennebec Dr

　

4:15 PM Sue Collins – Paperwork/discussion

　

4:30 PM Code Enforcement Budget

　

5:45 PM Highway Budget

　

6:30 PM Ken King – Variance – 35 Caroline’s Way

　

7:30 PM Marcy Polletta – Library Budget



　

　

　

　

Other business

Video of the October 20, 2015 Lebanon Maine Public Hearing. Lebanon Elementary School Gymnasium.

 

The videos from the October 20, 2015 Public Hearing are here and ready for your viewing.

There were so many interesting and different viewpoints, ideas and voices heard and shared in the Lebanon Elementary School gym on Tuesday evening as about 40 people attended the meeting and spoke on the 14 proposed referendum questions that will find their way to the November 3, 2015 Town Ballot.

While we were gratified to see 40 Lebanon residents in attendance, we hope that many more of you will view the videos, and share them with your Lebanon friends and family.

It is so important to attend Public Hearings prior to voting in an election. While you may think that you have your mind made up on the issues before you on a town ballot, hearing the views and thoughts of others, may change your mind, give you a new viewpoint, or teach you something you didn't know.

So much happened at this meeting, that I can't begin to write everything down for each segment, but there are 3 parts of this video, broken into parts for easier viewing as the meeting was just about 3 hours long.

So, without further ado, welcome to the Lebanon Maine October 20, 2015 Public Hearing prior to the November 3, 2015 Town Ballot............

 

PART 1 of the Lebanon Maine Public Hearing,

October 20, 2015..........

https://www.youtube.com/watch?v=loGFk82BKgY

 

 

 

PART 2 of the Lebanon Maine Public Hearing,

October 20, 2015......

https://www.youtube.com/watch?v=q8Y93X18iuI

 

 

 

PART 3 (Final) of the Lebanon Maine Public Hearing

October 20, 2015........

https://www.youtube.com/watch?v=osWbOuU4-L8

 

 

 

Resident's Question Brings Up Concerns Regarding Referendum 11 for November 3, 2015 Lebanon Ballot.

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

http://www.maine.gov/dps/bbcs/documents/FAQ3.doc

 

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.

 



Read it and weep, there is no way to get around this.
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.

Lebanon Maine Board of Selectmen's Meeting Video, Monday September 28, 2015.

 

LEBANON MAINE BOARD OF SELECTMEN'S MEETING VIDEO

MONDAY, 9/28/15

 

Prior to 4:00 pm, while Ms. Wilson was setting up the video recorder, there was dialogue between LMTS Sandy Adams and the Board.

At the first meeting of the Board post-election, the Board named Selectman Ben Thompson as the Chairman and delegated the taking of the Official Board Minutes to Selectman Royce Heath. In the months after that first meeting, it was apparent that Heath was struggling with preparing the minutes as no Official Minutes have been turned in for any meeting from June 11 - August 6, 2015.

During the August 6 Board of Selectmen's Meeting, Ms. Adams had offered to record the Board's minutes until such time as Mr. Heath could get caught up. The Board had requested that Ms. Adams keep the minutes until Labor Day, which she has faithfully done. Past Labor Day, Selectman Heath stated that he was not going to take the minutes, and so Ms. Adams has continued to take them, as the Board has been very busy with Assessing work. However, now that the Assessing is over and the tax bills are out, Ms. Adams requested that Selectman Heath resume his duties of taking the Official Minutes of the Board Meeting.

At this time, Selectman Thompson made a motion that Selectman Heath resume the taking of the Official Minutes, Selectman Nadeau seconded the motion, and then Selectman Heath stated that he REFUSED to take the minutes for the Board and that the Board had designated Ms. Adams to record the minutes so his responsibility was absolved.

Road Commissioner Torno entered the meeting and the discussion regarding the Board Minutes was tabled for later discussion.

I mention this as it becomes the topic of discussion in Part 1 of tonight's meeting video.

 

Part 1 of the Monday evening 9/28/15 Selectmen's Meeting video shows the actual beginning of the 4:00 pm meeting as Lebanon Road Commissioner Tom Torno addresses the Board with the purchase order for his first order of sand/salt mix for the season.

Selectman Thompson brings Torno's attention to a resident working in their driveway. Thompson asks if Torno is aware of this, and the answer is that there has been no paperwork received for a driveway widening project turned in to him. Mr. Torno suggests that the plans may not be to actually widen the driveway, but both men state they will keep their eye on the property.

Resident Gary Getchell calls the Road Commissioner's attention to a very large pine tree that is beginning to rot near an intersection in town. Torno says that he will go take a look at it this coming week.

Road Commissioner Torno exits the meeting. 

 

LMTS Deborah Wilson speaks to the Board regarding the Official Minutes for the Board of Selectmen's Meetings. Wilson recaps the earlier conversation, regarding Ms. Adams not continuing to record the minutes for the Board.

Since Selectman Heath reacted so negatively prior to the video recorder being turned on, Selectman Thompson does not publicly repeat his earlier motion.

 

SEE PART 1 of the Lebanon Maine Board of the Monday, 9/28/15 Selectmen's Meeting Video HERE:

https://www.youtube.com/watch?v=nrpyldB_l1c

 

The second part of the Monday evening meeting video begins with Selectman Ben Thompson reading the agenda for the night's meeting. Although the new Town of Lebanon Website is "live" there are a few bugs with the system the site is not working quite right, leaving no published agenda for the evening.

Selectmen's Assistant Sue Collins arrives to speak with the Board on several abatement requests in town.

Ms. Collins also speaks to the Board regarding some discussions she's been having with Maine Municipal Association with what appears to be questions on changing the town's insurance carrier, however no one ever makes it clear what exactly they are speaking about. LMTS Wilson asks Selectman Thompson if the Board is considering changing the town's insurance carrier, and Thompson says they are "putting some feelers out".

Town Clerk Mandy Grenier enters the meeting along with Deputy Clerk Christine Torno, who handed in her resignation with a 2 week notice on Thursday, September 24, 2015 during the Selectmen's Meeting. Ms. Torno addresses the Board regarding the need to appoint someone as BMV Agent, Rapid Renewal Agent, Point and Pay Administrator, and CVR (Certified Voter Registrar) for the Town, and suggests that these titles be added to the many already being held by the Town Clerk, Mandy Grenier. There is some discussion, after which, Ms. Torno graciously offers to come in to the Office on Monday afternoons in order to facilitate a smooth transition to her absence.

Once Christine Torno leaves the office, the Town Clerk states that she would like the Board to allow her to post the Deputy Clerk's position immediately, publishing the opening throughout the month of October, and then reviewing applications with the Board on November 9th.  Selectman Thompson states that he is not ready to post that position yet and that there needs to be some discussion as to the scope of the position and any changes prior to the job description being posted.

Grenier states that her newly hired worker, had asked for a week off in October (without pay) in her original interview, however, due to the resignation of Ms. Torno, and the upcoming election, the part time clerk has offered to forgo that week of vacation time in order to stay and help out, asking that the Board honor her request at a later time. Thompson agrees to this request.

Ms. Grenier states that she has scheduled a training day for Election Workers on October 27th, including set up of the town's new voting booths and the function and use of the new ADA compliant and accessible booth.

Ms. Grenier continues, asking that the Board sign a purchase order in the amount needed to make the new part time office help a Notary Public, considering she is losing a Notary when Ms. Torno leaves the office. The Town Clerk also asks the board to sign a purchase order for office supplies, she mentions that although the town traditionally uses Staples for their supplies, her purchase order is for Walmart, as in comparing costs, she finds that using Walmart saves the town "hundreds of dollars".

LMTS Wilson asks Ms. Grenier if she had made any more advances in moving the town's polling place. It had been discussed during an earlier meeting in September that the current polling place at the Lebanon Elementary School was not in ADA compliance and there were a few reasons why holding elections at the Elementary School was unlawful.

Ms. Grenier answers that she has walked both the Lebanon Elementary School and Hanson School properties with the Principal and that after much discussion, it has been decided to remove the center post in the front door of the LES during polling times, thus making the doorway accessible and therefore ADA compliant. However, voters will notice a change at this year's elections as they will now be asked to enter the gymnasium through the side door, just off the parking area, and exit through the front door of the school. There is discussion regarding the need for a ramp to use those doorways, and Selectman Heath states that the ramps must also have a hand railing. Grenier states that she has been in discussion with Code Enforcement and with MSAD60 regarding the need for a ramp, and is continuing to follow through with that.

In the continuing search for Budget Committee members, Ms. Grenier states that she has contacted all residents who received write-in votes in the last election, but that she has not found anyone yet willing to sit on that Board.

Discussion begins on the finalizing of wording for the Festivals and Events Ordinance which has been drafted by the Town Clerk and Code Enforcement Officer.

 

See the Second Part of the Lebanon Maine

Board of Selectmen's Meeting of 9/28/15 HERE:

https://www.youtube.com/watch?v=23akBmSQaLk

 

In the third part of the Monday evening video, Town Clerk Mandy Grenier continues discussion on the Festivals and Events Ordinance which will be voted on at the November 3, 2015 Election. Code Enforcement Officer Mike Beallieu enters the meeting as the co-drafter of the ordinance.

Selectman Ben Thompson questions whether the ordinance will pertain to all Festivals and Events, including the town's "Lebanon Festival" which Thompson's wife Chairs.

The discussion continues stating that the "Lebanon Festival", as the Town's yearly celebration, would be exempt from paying a permitting fee, and would have access to the Town's Transfer Station, however the remainder of the requirements listed in the ordinance, especially those requirements for water, portable toilets, available parking, and noise levels would still apply.

Selectman Nadeau questions whether organizations like Boy Scouts or Historical Society would be held to the parameters of the permit and all agree that everyone other than the Lebanon Festival would be required to obtain a permit and follow the requirements listed in the ordinance, which includes the hiring of outside dumpsters for trash removal rather than a fee at the Lebanon Transfer Station.

LMTS suggests that language be included to exempt the town's many charity and civic organization, but the Board, Town Clerk and Code Enforcement Officer disagree, saying that to exempt some would "cause problems".

 

**at this point a pause in commentary to say that in review of the video, LMTS found the conversation gets a little confusing as the dialogue switches back and forth several times with regards to parking spaces and porta potty requirements. I phoned the Town Clerk for clarification and the requirements would be.......  1 parking space required for every 4 people expected to attend and 2 parking attendants required for every 250 people expected to attend..........2 porta potties would be required for the first 250 people expected to attend with 1 being an ADA accessible porta potty, and then 1 additional porta potty for every additional 150 people expected in attendance....***

 

The Town Clerk continues questioning whether the Board wants this ordinance proposal to contain language which would remove the outdated Mass Gathering permitting structure, passed by voters back in the 1980s, however the Board requests that Grenier takes the ordinance to the voters the way it is and once passed, then work to remove the Mass Gathering ordinance.

The time is noted as shortly after 5 pm and Selectman Thompson asks the Board if they would approve overtime pay for the Clerk in order to be able to continue with the referendum review. All three Board members agree.

 

SEE PART THREE of the

Lebanon Maine Board of Selectmen's Meeting Video from 9/28/15 HERE:

https://www.youtube.com/watch?v=pB2UwiFQoc4

 

Part 4 of the Lebanon Selectmen's Meeting Video from 9/28/15 shows Lebanon resident Ms. Cheryl Griffin as she addresses the Board regarding their tax assessment on her home.

Ms. Griffin contends that her home has been assessed as a mobile home for the 15 years that she has owned it, and that there is evidence it was assessed as such for many years prior to her purchase. This year's assessment showed a change from the "Mobile Home" category to being assessed as a "Small Ranch", resulting in a $50,000 increase in assessed value.  In further conversation, Ms. Griffin describes her home as a stick built home, however, it is only build on a dirt crawl space, being held up by SonoTubes.

Selectman Thompson advises Ms. Griffin to file for a tax abatement and provides her with the proper paperwork. It is arranged for the Board members to view the Griffin property at 8:00 am on Tuesday, September 29.

Ms. Griffin says that there is a second complaint, saying that the town placed a culvert on her property which was never completed. She states that she had tried repeatedly to contact former Road Commissioner Larry Torno regarding the resulting property damage from water that was being directed by the culvert and rendering part of her property unusable wetlands. She also states that she has continued to try and contact current Road Commissioner Tom Torno regarding this problem.

 

**Following up on the request by Ms. Griffin, LMTS contacted Selectman Thompson on 9/29/15 and asked if the assessment had been changed back to that of a mobile home. Mr. Thompson answered the assessment had been changed, however not back to "mobile home" status, but rather to that of "other", and that the assessment had been put back to the original value. The claim of the unfinished culvert was viewed by the Board and that Road Commissioner Tom Torno had joined them. The culvert was said to be a replacement of a culvert that had been there for years prior, and that the claim of rerouting the water was unfounded. Thompson claimed that the water was following the "natural flow of water" and that no action would be taken by the town at this time.**

 

SEE PART 4 of the Lebanon Maine Board of Selectmen's Meeting from Monday, 9/28/15 HERE:

https://www.youtube.com/watch?v=V3w8hoFvLqs

 

In the fifth part of the Board of Selectmen's Meeting video, Town Clerk Mandy Grenier begins to read over the proposed referendum questions for the November 3 Town of Lebanon ballot. Lebanon Maine Planning Board Chairman Gary Getchell is present at the meeting to discuss the proposed referendum questions that have been put forth by the Planning Board.

Proposed Referendum 1 comes from the Lebanon Planning board and discusses the Shoreland Zoning map. The Board agrees to place this Referendum on the November 3 ballot.

Proposed Referendum 2 is also proposed by the Lebanon Planning Board, and asks the voters to define the word "road" as it pertains to " 250 of road frontage" requirements when determining buildable lots in the town. Selectman Thompson objects to the wording of this proposed ballot question, stating that there is not enough detail in the question as to how the amendment to the "building lot" code would be worded, stating that he is not willing to give the Planning Board carte blanche to write the amendment after the fact. Getchell, however, states that the proposed ballot question was worded by the Town's Attorney. Getchell continues on by stating that the town's building ordinances are a mess and that basically there are a bunch of ordinances but no one seems to have done the work needed to insure ensure that they all work together, and that the town's lack of a comprehensive plan often leaves the Planning Board with nothing to fall back on. Getchell states his frustration with the fact that the Planning Board would like to write a complete and all inclusive ordinance for Lebanon, but that they are continually told that the voters would find it "too much" and that they are cautioned not to attempt to do it all at once. However Getchell and Town Clerk Grenier both agree that just the beginning of being able to clarify what is considered a "road" and what is not, would be helpful both to the Planning Board and to Code Enforcement Officer Beaullieu. A lengthy discussion continues on topics of "back lots", "flag lots", "right of way", "subdivision", and to be honest, even sitting there things were quite confusing. In the end, it was never stated whether or not this proposed Referendum would find its way onto the November ballot.

Proposed Referendum 3, is the final proposal by the Planning Board and addresses the fee which is included in the Shoreland Zoning ordinance. Getchell states that they had not meant for that to be placed on the ballot and that it was "supposed to be pulled", however Ms. Grenier states that this follows along with the ordinance changes that she is proposing, opting to pull the fees out of all of the town's ordinances, placing them all on a single "Fee Schedule" which can be updated and changed by the Board of Selectmen yearly to keep the fees competitive with the costs.

 

SEE PART 5 of the 9/28/15 Lebanon Maine

Board of Selectmen's Meeting Video HERE:

https://www.youtube.com/watch?v=pPGGLKluWyw

 

 

The sixth section of Selectmen's Meeting video shows the ending of discussion with the Board and Town Clerk regarding Planning Board proposals for referendums with the discussion that the Proposed Referendum 3 will be saved and worked on a bit further, and will possibly be placed on the May 2016 Town Ballot. Mr. Getchell leaves the meeting.

Town Clerk Mandy Grenier continues presenting proposed Referendum questions stating that numbers 4-10 are simple wording changes to already existing ordinances. Grenier is proposing that all of the fees accompanying said ordinances be removed from the actual ordinance and provided for on a town "Fee Schedule" where fees for each ordinance would be provided for by the Board of Selectmen in order to defray the cost of services from all taxpayers and place the responsibility on the shoulders of the individuals using the services.

Proposed Referendum 11 is the Festivals and Events Permitting ordinance which was discussed earlier in the evening.

Proposed Referendum 12 is being drafted by Lebanon Code Enforcement Officer Mike Beaullieu and requests that the voters allow him to set an Electrical Permitting structure for the town. Selectman Nadeau does not see the need for permitting for installation of electrical wiring and Selectman Heath changes the subject several times, going back to proposals that have already been heard.

Proposed Referendums 4-10 are revisited with the Board voting to place all proposals on the November ballot.

Proposed Referendum 11 is also revisited with the Board voting to place on the ballot, Thompson and Heath for, Nadeau against.

Grenier steers the conversation back to Proposed Referendum 12, the permit structure of Electrical Wiring. Selectman Heath states he is against placing this on the ballot, believing that this would prevent someone from replacing a simple light switch in their home. Selectman Thompson reminds Heath that this meeting is not to argue over whether or not this should become an ordinance, and that the Board's only decision is whether or not to place the question in front of the voters on the November ballot. LMTS Wilson has an exchange with Selectman Heath questioning why he would be against allowing the town's voters to decide on this issue, and Heath answers back that he "did not ask for her statement," with Wilson answering that she didn't ask for his permission to make a statement. A vote is taken with Selectmen Thompson stating it should be decided by the voters, however both Heath and Nadeau vote that the proposal should not be placed on the ballot. The two former Transfer Station employees overrule Thompson and the question will not be allowed to go to the voters.

Proposed Referendum 13 speaks to simple changes in the building codes ordinance, asking that interior non-load bearing walls have studs that are placed 16 inches on center rather than the current requirement of 24 inches on center. All agree to pass this on to the ballot.

Proposed Referendum 14 requests that Building Permits issued by the Code Enforcement Officer expire after 1 year, unless an extension is requested prior to that time. This will be seen by the voters in November.

And the final proposal, Proposed Referendum 15 seeks to amend the Lebanon Mass Gathering permit to require a 30 day advance filing of the application, thus allowing for inspection and public hearing on upcoming large capacity events. This will also be found on November's ballot.

The Town Clerk finishes her business and leaves the meeting.

LMTS questions Selectman Nadeau as to his reluctance to put the Electrical Wiring Permit referendum before Lebanon voters, questioning whether or not he has a nephew that is an electrician, and he agrees, that he does have a nephew and reminds Wilson that she had objections earlier in the year to hiring Nadeau's nephew to maintain the town's emergency generators without first putting the position up for open bid.

Thompson moves on, with several paperwork issues, including the request for an abatement for an Upper Cross Road property. The Board did grant an abatement for this property less than a week ago, and due to that change, the property owner is seeking additional years of abatements. The Board votes to deny that abatement, 3 in favor, 0 opposed.

The Board enters an Executive Session to citing "Personnel Issues".

 

SEE PART 6 of the September 28, 2015 Lebanon Maine

Board of Selectmen's Meeting Video HERE:

https://www.youtube.com/watch?v=YMqK3ZTExPA

 

In Part 7, the final segment of Selectmen's Meeting Video from the September 28th, 2015 meeting, the Board returns after a short period in Executive Session.

A motion is made by Selectman Ben Thompson worded as follows.....

"Motion to cover employee through 10/20/15 at normal rate and coverage, to pro-rate for 2 hours on 10/22 and make employee responsible for 8 hours 10/22 and 10 hours on 10/23"

Nadeau seconds Thompson's motion and all three Board members vote to approve the motion. 0 opposed.

Thompson makes an additional motion to the Board to "Appoint Mandy Grenier as the town's RMV Agent, Point & Pay Administrator and CVR (Registrar of Voters).

Selectman Nadeau seconds the motion and All three Board members vote to approve.

Selectman Nadeau motions to adjourn the meeting, with Heath seconding.

 

SEE the 7th and Final part of the 9/28/15

Lebanon Board of Selectmen's Meeting Video HERE:

https://www.youtube.com/watch?v=gTkv0QdBfZA