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:
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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THAT Chapter IT entitled "Building Code" be repealed in its entirety and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.
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(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
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