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HomeMy WebLinkAbout1994-06-13 94-280 ORDINANCEDaft AO ,fc on Item No.yg� Item/Subject Adopting ties 1993 BCCA Building Code Responsible Department Code bltforCOrtnb Division Commentary: The purpose of this Ordinance is to update our 1990 & National Building Cade to the 1993 edition.. .Fran the date of the first reading by the C uncil, three copies of t1sis Ordinance and the 1993 BSA Building Code smst be placed on display in tine Clerk's Office for 30 days. Dri final reading rot to take plata until after rigs:30day period. Ton significant citioms in the 1993 -BOCA Building Carle are the inclusion of up1sted s svdc provision required by Executive Order 12699 and the l:andiavppsd accessibility sTarlazds of AA9I 117. Ekeccrtive Offer 12699 requires that new wnstrvction that will be financed, financially assisted, owned or leased by the Federal Gwer'ement most updated seismic prwrsions. Dio standards set forth in ANSI 117 are the basis of tits AOA Accessibility 6lsi1delines. resporime"I He'd Manager's Comments: �, pd�G✓ar rd�/a/�.rf t� 6az-�y -Ac ,JD any �rf�Ny�lr/k%Mryiagaku{ Mr 4am iarf. ,jr ma mr, Associated Informatiom0 !1 Budget Approval: Ad�A`�^Y-a m,....aoiwdo. Legal Approval: �i5),, ;-k n wilt f�joire "< S 0 Xrm libr u4s Ar bn&( p4city Sondra. Introduced For passage ®First Reading page— of— El Referral -,J) aAvdZ 0(.10' June 13,1994 94-280 Aedpmd to Councilor Cohen - CITY OF BANGOR (TITLE) aVYyMnteey Mending Chapter IE of the Ordinances of the City of Bangor BOG National Building Code/1993 Bea ordoiwed bN W Oat (bane tofthe O££N o/Bamper, ae folMas: THAT Chapter IT entitled "Building Code" be repealed in its entirety and replaced with the following: Sec. 1 Building Code Monted. In accordance with 30-A M.R.S.A. as. 3003, Maine as the same may be amended from time to time. "The BOCA Basic National Building Code/1993," Eleventh Edition, published by the Building Officials 6 Code Administrators International, Inc., is hereby adopted and incorporated by reference herein, as the minimum standard for the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and their service equipment, both existing and proposed, located within the City of Bangor. Sec..02 Amendments to Published Version. Said building code is adopted in its published form as if fully set forth herein, except as follows: (1) Section 101.1 is deleted and replaced with the following: 101.1 Title; These regulations shall be known as the Building Code of the City of Bangor hereinafter referred to as "this code." (3) Section 104.1 is deleted and replaced with the following: 104.1 Code Official: Further references in this code to the "Code Official' shall be interpreted to mean the Chief Code Enforcement Officer of the city of Bangor. (3) Section 107.3 is deleted. and replaced with the following: 94-280 107.3 B. whom Application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent or either, or by the licensed engineer or rchitect employed i connection with the proposed work. The full names and addresses of the owner or lessee, applicant, and of the responsible officers, if the owner or leasee is a corporate body, shall be stated in the application. (4) Section 112.3.1 is deleted and replaced with the fallowing: 112.3.1 Fee Schedule, Fees shall be paid to the City of Bangor in accordance with the schedule set forth in Chapter Iz, Article 39 of the Laws and Ordinances of the City of Banger. (5) Section 116.4 is deleted and replaced with the fallowing: 116.4 Violation Penalties: Penalties for violations of this Ordinance shall be imposed in accordance with 30-A m.R.S.A. as. 4452, as the same may be amended from time to time. each day a violation shall be permitted to exist after notification by the Chief Code Enforcement officer shall constitute a separate offense. (6) Section 119.1 is deleted and replaced with the following: 119.2 Unlawful Continuance: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as he is directed to perform to remove violation or unsafe conditions, shall be guilty of a violation of this Ordinance. (9) Section 110.1 is deleted and replaced with the following 120.1 Dentine Structures: In addition to the enumerated circumstances in the BOCA Property maintenance Code/1990 or subsequent amendments thereto, the Cade Enforcement Officer nap order an immediate vacating of any part of, or all of, a structure which lases its source of heat, tooling, hot water, water supply, o sewer service, or has malfunctioning electrical s or has been substantially damaged due to fire c natural disastere when, in the opinion of the code official, there is actual and immediate danger or failure or collapse of a structure which would endanger life, or when any structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in the Proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or use of defective or dangerous equipment, the codeofficial is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. He shall cause to be posted at the win entrance to such structure a notice reading as follows: This structure issafe and its a occupancy has beat prohibited by the code official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the structure. 94-280 (8) Section 121.1 is deleted and replaced with the following: 121.1 Application for Appeal: The owner of a building or structure o any other person may appeal to the "Bangor Board of Appeals," hereinafter designated as the "Beard of Appeals," from a decision of the code official refusing to grant a modification to the provisions of this code covering the manner Of construction or materials to be used in the erection, alteration or repair of building or structure. Such appeal shall be com:enced by filing with the chief cede enforcement Officer a completed appeal farm provided by the Director of Code enforcement together with an administrative processing fee of thirty-five dollars (535.00) within 20 days of the date of the decision by the code official. (p) Section 122.2 is deleted and replaced with the following: 122.2 Membership of Bound: The Board of Appeals shall consist of five (5) full members and two (2) a iate members as appointed by the Bangor City Council. Each member shall serve for three years until such time as a successor has been appointed. Associate members shall s a three year term a until a successor has been appointed. e All Board members moat be residents of the City of Bangor. No member shall serve more than two (2) complete consecutive terms. (10) Section 121.2.1 is deleted and replaced with the following: 121.2.1 Members: Each member or associate member shall be a licensed professional engineer or architect, or a builder or superintendent of building construction, with at least ten years experience, for five years of which that board member or associate member shall have been in responsible charge of work; and there shall not be more than two (2) members o iate members of the board selected from the same profession or business; and at least one of the professional engineers shall be a licensed structural Or civil engineer of architectural engineering experience. Provided, however, that the appointing authority may, at its discretion, appoint not more than one (1) layperson as a member or associate member. (11) Section 121.3 is deleted and replaced with the following: 121.3 Notice of Meetings: The Board shall meet upon notice of the chairman within thirty (30) days of the filing of en appeal or at stated periodic meetings if warranted by the volume of the work. (12) Section 121.6 is amended by the addition of the following language to the end of the first paragraph: The Board's decision may only reverse or modify the Chief Code Enforcement Officer's decision upon a finding that with respect to the activity in question this code has been incorrectly interpreted; that the provisions of this code do not fully apply to the contemplated activity; that a variance from this code is needed 94-280 to permit construction of a temporary structure which otherwise meets the requirements of Section 109.0 of this code; or that the type or farm of construction is the equivalent to that required by this code. (13) Section 121.7 is deleted and replaced with the following: 121.7 Court Review: Any person aggrieved by a decision or order of the board may within thirty (30) days after the decision is rendered, appeal to the Superior Court in accordance with Rule BOB, Maine Rules of Civil Procedure. (14) Section 312.1 is deleted and replaced with the following: 312.1 General: Buildings and structures of anaccessory character and scellaneous structures not classified in any specific we group shall be constructed, equipped and maintained to conform to the requirements of this code co urate with the fire and life hazard incidental to their occupancy. Use Group U shall include fences, tanks, coaling towers, retaining walls and buildings such as private garages, carports, sheds and agricultural buildings. (15) Section 2709.0 is added as follows: 2709.0 BURGLAR AND MEAN EMERGENCY ALARM SYSTEMS 2709.1 General: No burglar and other emergency alarm system, as described in Chapter VII, Article 13 of the Laws and Ordinances of the City of Burger, shall be installed and operated in any structure unless the same shall be installed and operated in compliance with the National electrical Code in effect in the City of Bangor at that time and unless the alarm user possesses or has been issued a valid permit pursuant to Chapter VII, Article 13 of the Laws and Ordinances of the City of Bangor. .r,In City CoVm it Snne 13 1994 Fi.rsh breading Be£erred to puts i pa Oe Crae�s Committee City k IN CITY COUNCIL August 8, 1994 Peened Vote: 8 yes, 1 Absent Councilors Voting yes:Baldacci, COhen.Popper, Shuberi, Soucy. 'Stone. Sullivan &-Tyler Co�uncilor Absent: Blanchette ) CLECI 94-280 ORDINANCE Ame Nin9 Chapter TA of 4be Ordinances of the City of Bangor PCMR National 1401 aigdlt 1ktlJ�y"