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Part I – SCOPE AND ADMINISTRATION
Purpose
The purpose of this Ordinance for the Town of Sebago is to provide for safety, health, and public welfare through the regulation of construction, alteration, relocation, and replacement of buildings as follows:
Also, the ordinance: adopts the 2003 edition of the International Residential Code which regulates and controls the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one – and two – family dwellings and townhouses in the Town of Sebago; provides for the issuance of permits and collection of fees therefore when used with money; and repeals The Town of Sebago Building Ordinance last adopted October 22, 2002 by the Town of Sebago’s legislative body and all other ordinances and parts of the ordinances in conflict therewith with exception of Part II Section 1, (Size of Lot), Part II Section 2, (Minimum Floor Area), and Part II Section 8, (Exterior Finish) of the Building Ordinance of The Town Sebago. These three sections are now included as Appendix C and will be repealed at the adoption of a Town of Sebago Land Use Ordinance. See attached Appendix C for Size of Lot Standards,
Minimum floor Area, and Exterior Finish. Further, the provisions of the October 22, 2002 Town of Sebago Building Ordinance in Part II Section 3 (Electrical Installation) and Part II Section 4 (Plumbing) are replaced by the applicable sections of Maine state law and not by the applicable sections of the 2003 edition of the International Residential Code. See attached Appendix D.
Section 1. Scope
A. The provisions of this ordinance shall apply to new construction, alterations and additions, relocation, and replacement of any buildings or part thereof within the Town of Sebago.
B. All mobile and manufactured homes used as dwellings will comply with all sections of this building ordinance.
Section 2. Code Enforcement Officer
A. This ordinance shall be administered by the acting Code Enforcement Officer who shall be appointed by the Board of Selectmen.
B. The Acting Code Enforcement officer’s remuneration shall be established each year by the municipal legislative body at its annual town meeting.
C. Inspection. The Acting Code Enforcement Officer may inspect all buildings being constructed, altered, replaced or relocated for the purpose of enforcing the provisions of this ordinance.
D. Right of Entry. The Acting Code Enforcement Officer, in the performance of his/her duties, may enter any building at reasonable hours for the purpose of making an inspection required by this ordinance. Arrangements for entering shall be made with the building owner or his/her authorized agent.
Section 3. Permit
A. Prior to commencing the construction or alteration any building or part therof, the owner or lessee, the architect, contractor or builder employed by such owner or lessee shall obtain a permit for such proposed work from the Acting Code Enforcement Officer.
B. Application. The application for the permit shall be in writing and shall be obtained from the Acting Code Enforcement Officer.
C. Permit Approval. The Acting Code Enforcement Officer, after proper examination of the application, shall either issue the requested permit or transmit notice of refusal within ten (10) days from the date of filing of a completed application. Notice of the refusal shall be in writing and shall state the reasons therefore.
D. Life of Permit. Commencement shall be defined as a physical act of construction of the structure for which the permit issued. Completion is defined as the issuance of a Certificate of Occupancy for said permit. Work authorized by the permit shall commence within 180 days of issuance, and be completed in (2) two years, or shall become invalid, or final approval of permitted work by the acting CEO.
E. Permit Exemptions. No permit shall be required for maintenance of existing residential buildings or structures for repairs costing under $1,000.00 including labor.
Also, specifically exempted from permit requirements are the following maintenance actions: re-roofing, exterior painting, interior painting and/or wallpapering, regardless of cost.
F. Occupancy Permits. Prior to using a new structure for a year-round occupancy or converting a seasonal dwelling to year-round use, a certificate of occupancy shall be issued by the Code Enforcement Officer. The fee associated for an Occupancy Permit is $40.00 dollars pass or fail. If Town of Sebago acting Code Enforcement Officer denies the Certificate of Occupancy, a re-inspection fee of $40.00 dollars will be issued.
Section 4. Appeals
The Board of Appeals shall hear and decide appeals from orders, decisions, determinations or interpretations of the failure to act of the acting Code Enforcement Officer, of the Building Ordinance.
In the case of refusal by the acting Code Enforcement Officer to issue a permit, appeal shall be to the Board of Appeals within sixty (60) days of the denial. The Board of Appeals may affirm or reverse the decision of the acting Code Enforcement Officer as to the interpretation of the provisions of this ordinance. In specific cases where the enforcement of this may be granted without substantially departing from the intent and purpose of this ordinance, but not otherwise, the Board of Appeals may permit exceptions to and variations from the provisions of this ordinance.
Section 5. Violations
Any person firm or corporation guilty of violating provisions of this ordinance shall be reported by the acting Code Enforcement Officer to the Board of Selectmen. The Board of Selectmen, in conjunction with the acting Code Enforcement Officer shall establish a reasonable period of time for the correction of each violation and the acting Code Enforcement Officer shall so notify the violator in writing by certified mail.
Section 6. Penalty
Any person, firm or corporation failing to correct a violation within the period of time stipulated by the acting Code Enforcement Officer’s written notice, as outlined in Section 5. Violations of this ordinance shall then be subject to a fine of not less than $100.00 or more than $2,500.00 per day for each offense. Each day in which a violation is proved to exist beyond the stipulated final date of correction shall constitute a separate offense under this section.
Section 7. Conflicts with Other Ordinances
Where provisions of this ordinance conflict with the provisions of other ordinances, codes, or regulations applicable in the Town, the more stringent provisions shall prevail.
Section 8. Severability
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Selectmen of the Town of Sebago hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 9. Permit Fees
A Schedule of Permit Fees associated with this building ordinance will be reviewed and established by the Board of Selectmen on annual basis, as necessary. Fees are listed in Appendix A.
Section 10. Building Permit Condition List
See attached Appendix B.
Section 11. International Residential Code Adoption
The International Residential Code, (IRC) including all Appendices located in Section R102.5 2003 edition with exception of Appendices, [Appendix F Radon Control Methods, Appendix H Patio Covers, Appendix I Private Sewage Disposal, Appendix K Sound Transmission.] and all laws in conflict with Maine State Law. (Refer to Appendix D.) published by the International Code Council is hereby adopted as the code of the Town of Sebago for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two – family dwellings and townhouses not more than three stories in height in the Town of Sebago, and providing for the issuance of permits and collection of fees
therefore; and each and all of the regulations, provisions, conditions and terms of such International Code Council, on file at the Town of Sebago Clerk’s office are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance.
Section 12. International Residential Code Standards and Requirements
The standards and code requirements in the following sections in the October 22, 2002 Town of Sebago Building Ordinance are replaced by the parts and chapters of the 2003 International Residential Code for One- and Two-Family Dwellings as noted below:
Sebago 2002 Building Ordinance Section |
Subject |
IRC 2003 Part / Chapter |
Part II Standards, Section 3 |
Electrical Installation |
Appendix D – Town of Sebago Building Ordinance |
Part II Standards, Section 4 |
Plumbing |
Appendix D – Town of Sebago Building Ordinance |
Part II Standards, Section 5 |
Light and Ventilation |
Chapter 3 |
Part II Standards, Section 6 |
Emergency escape and rescue openings |
Chapter 3 |
Part II Standards, Section 7 |
Chimneys, Smoke Pipes, and Fireplaces |
Chapter 10 / 18 |
Part III Wood Frame Structures, Section 1 |
Foundation |
Chapter 4 |
Part III Wood Frame Structures, Section 2 |
Schedule of Empirical Timber Sizes |
Chapter 6 / 8 |
Part III Wood Frame Structures, Section 3 |
Columns and Posts |
Chapter 4 |
Part III Wood Frame Structures, Section 4 |
Intermediate Posts |
Chapter 6 |
Part III Wood Frame Structures, Section 5 |
In Bearing Partitions |
Chapter 6 |
Part III Wood Frame Structures, Section 6 |
In Exterior Walls |
Chapter 6 |
Part III Wood Frame Structures, Section 7 |
On Sides of Openings |
Chapter 6 |
Part III Wood Frame Structures, Section 8 |
Interior Non-Bearing Partitions |
Chapter 6 |
Part III Wood Frame Structures, Section 9 |
Stud Partitions Containing Pipes, Ducts, and Conduits |
Chapter 6 |
Part III Wood Frame Structures, Section 10 |
Caps and Plates |
Chapter 6 |
Part III Wood Frame Structures, Section 11 |
Exterior Wall Covering |
Chapter 7 |
Part III Wood Frame Structures, Section 12 |
Floor Joists |
Chapter 5 |
Part III Wood Frame Structures, Section 13 |
Beam or Joists |
Chapter 5 / 6 |
Part III Wood Frame Structures, Section 14 |
Roof Joists |
Chapter 9 |
Part III Wood Frame Structures, Section 15 |
Sills |
Chapter 6 |
Part III Wood Frame Structures, Section 16 |
Cross Bridging |
Chapter 5 / 8 |
Part III Wood Frame Structures, Section 17 |
Trusses |
Chapter 5 / 8 |
Part III Wood Frame Structures, Section 18 |
Trimmer and Header Beams |
Chapter 6 |
Part III Wood Frame Structures, Section 19 |
Additions to Wood Frame Buildings |
Chapter 6 |
Part III Wood Frame Structures, Section 20 |
Fire Stops |
Chapter 6 |
Part III Wood Frame Structures, Section 21 |
Columns |
Chapter 4 |
Part III Wood Frame Structures, Section 22 |
Space Columns |
Chapter 4 |
Part III Wood Frame Structures, Section 23 |
Design |
Chapter 3 |
Part III Wood Frame Structures, Section 24 |
Size and Strength of Structural Members |
Chapter 6 / 8 |
Part III Wood Frame Structures, Section 25 |
Bracing and Fastenings |
Chapter 6 |
Part III Wood Frame Structures, Section 26 |
Empirically Determines Sizes, Framing and Support |
Chapter 6 |
The requirements of the 2003 International Residential Code may be more extensive than those listed above from the 2002 Town of Sebago Building Ordinance, and the International Residential Code shall apply in its entirety to any construction in the Town of Sebago.
Further, the following provisions of Section R301.2, “Climatic and Geographic Design Criteria” of the 2003 International Residential Code as set forth in Table R301.2 (1) shall apply to any construction in the Town of Sebago:
Table R301.2 (1)
Climatic and Geographic Design Criteria for Sebago
Ground Snow Load |
60 pounds per square foot |
Wind Speed (mph) |
95 mph |
Seismic Design Category |
Category B |
Subject to Damage From Weathering |
Severe |
Subject to Damage From Frost Line Depth |
48 “ |
Subject to Damage From Termite |
None |
Subject to Damage From Decay |
None |
Winter Design Temperature |
0o F |
Flood Hazards – date of adoption by Sebago of the first ordinance for management of flood hazard areas |
June 14, 1994 |
Flood Hazards – date of currently effective FIRM adopted by Sebago |
April 1, 1981 |
Section 13. Publication
That the Town Clerk of the Town of Sebago is hereby ordered and directed to cause this ordinance to be published.
Section 14. Ordinance Enforcement
This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and in full force and effect thirty (30) days from and after the date of its final passage and adoption.
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