Unless otherwise provided, no building shall be erected, altered, enlarged, moved or demolished in Falmouth without a written permit issued by the Building Inspector. Such a permit shall be issued only if the building plans and intended use fulfilled the requirements of this Ordinance. The Building Inspector shall be notified of any change in use of building or premises and a permit shall be secured for such change. No building permit shall be required for a free-standing ancillary residential structure not more than one hundred (100) square feet in area and not exceeding ten (10) feet in height, at its highest point. [Amended, 2/28/05]

Effective on: 12/9/2013

Each permit by the Building Inspector shall be issued in writing in duplicate with one copy to applicant and one copy, including any conditions or exceptions attached thereto, kept on file in the office of the Building Inspector. Failure of the Building Inspector to issue written notice of his decision on any application for a building permit within thirty (30) days from the date of filing of such application shall constitute denial of such application.

If no start is made on the construction for which a building permit was issued within one year of the date of the permit, the permit shall lapse and become void. A building permit shall expire if the construction for which the building permit was issued is not substantially completed within two (2) years of the date of issuance of the permit. The Building Inspector may issue a temporary certificate of occupancy or a permit extension for one additional year if, in his judgment, reasonable progress is being made and nuisance conditions do not exist. Permit extensions beyond one (1) year require approval from the Zoning Board of Appeals using the review criteria in Section 19-123.” [Amended, 5/27/93] [Amended, 7/24/00]

Effective on: 12/9/2013

The Building Inspector shall have the right of access to buildings and structures for inspection purposes as provided under 30 M.R.S.A. §2151(4)(C)(3) and other applicable provisions of state law.

Effective on: 12/9/2013

Each application for permit to build, alter, enlarge, demolish or move a building shall be filed in duplicate and shall be accompanied by a plot plan in duplicate drawn to scale showing and stating the dimensions in feet of the lot to contain such building, and the locations and ground coverage dimensions thereon of the building proposed to be erected, altered, enlarged, moved or demolished on such lot. The applications shall state the use intended to be made of such building and of its lot, even after a demolition. Such plot plan shall also show each street, alley or right of way on or adjacent to the lot in question. One copy of each such application and plot plan shall be kept on file in the office of the Building Inspector.

Effective on: 12/9/2013

The Building Inspector, upon being informed in writing of a possible violation of this Ordinance, or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. After investigation, on evidence of any violation, the Building Inspector shall give written notice of the violation to the owner and the occupant of the premises. The Building Inspector shall demand in the notice that the violation be abated within some designated reasonable time.

Effective on: 12/9/2013

1. A permit may be suspended or revoked, if:
   1. The permit was issued on incomplete or false information, and/or continuation of the work authorized would result in a violation of Federal or State statutes or local ordinances.
   2. A violation has been created during the completion of work initially authorized by the permit.
   3. The continuation of the work authorized is endangering or may endanger the safety or general welfare of the community during the construction or work for which the permit was issued.
   4. The applicant or his agent is exceeding the scope of the work for which the permit was issued.
   5. The Code Enforcement Officer determines that he is unable to rule on the continued validity of a permit, in which case he shall suspend the permit, without penalty, and require the holder to file an appeal.
2. A notice of suspension shall be in writing, stating:
   1. The reason for the suspension.
   2. The corrective measures to be taken.
   3. The period of time given to the applicant to correct the violation.
3. The suspension of a permit shall apply only to that segment of the work authorized which is, or will create, a violation. Such suspension shall cease when the Code Enforcement Officer certifies that the violation or potential violation ceases to exist.
   When a cause for suspension has been removed or corrected, the Code Enforcement Officer shall so certify, in writing, and state:
   1. The reason for the suspension.
   2. The corrective measures taken.
   3. The period of time which the applicant had to correct the violation.
4. If, within the time specified for correction, the violation has not been corrected or removed, the suspension may be continued, or the Code Enforcement Officer may then revoke the permit.
5. When a permit is revoked, the Code Enforcement Officer shall prepare a statement stating the reasons for revocation, and the corrective measures, if any, that may be taken to correct the violation. Such revocation shall include a time period given to correct the violation and shall remain in force until:
   1. The Code Enforcement Officer determines that the applicant can and will pursue the work (for which the permit was issued) without extending or creating a violation.
   2. The permit application has been corrected to provide complete or corrected information, as required, and continuance of work will not result in violation.
   3. The violation has been removed or otherwise discontinued.
   4. A new permit has been issued.
6. During the period of revocation, no work shall continue on a project for which a permit was issued except in the interests of public safety and protection of the property in place at the time of revocation, such work having the written approval of the Code Enforcement Officer.

Effective on: 12/9/2013

If, after notice and demand, the violation has not been abated within the time specified, the Building Inspector shall refer the matter to the Town Manager for appropriate legal action in the name of the Town of Falmouth to prevent, correct, restrain or abate any violation of this Ordinance.

Effective on: 12/9/2013

After a building, structure, or part thereof has been erected, altered, enlarged, or moved, pursuant to a building permit, a certificate of occupancy shall be obtained from the Building Inspector for the proposed use before the same may be occupied or used. A certificate of occupancy also is required for the following:

1. a.
   Any increase in the number of dwelling units in a building.
2. b.
   Establishment of any home occupation.
3. c.
   Change in the use of a nonconforming structure or lot.
4. d.
   Occupancy and use, or change of use, of vacant land, except for the raising of crops.

Prior to issuance of a certificate of occupancy for any dwelling unit, the Town must receive written verification that the structure is connected to adequate water and wastewater services. Written verification under this subsection must include the following:

1. A.
   If the dwelling unit is connected to the public sewer system, proof of adequate service to support any additional flow created by the structure and proof of payment for the connection to the sewer system;
2. B.
   If the dwelling unit is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector under section 4221. Plans for subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with subsurface wastewater disposal rules adopted under Title 22, section 42;
3. C.
   If a dwelling unit is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the structure, proof of payment for the connection and the volume and supply of water required for the structure; and
4. D.
   If a dwelling unit is connected to a well, proof of access to potable water. Any tests of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

Effective on: 12/9/2013

Any violation of this Ordinance shall be deemed to be a nuisance subject to all available legal and equitable remedies. In addition, any violation of any provisions of this Ordinance shall be punishable by a fine of not more than one hundred ($100) dollars. Any person who violates any provisions of this Ordinance shall be subject to a fine of not more than $100.00 for each violation or such greater penalty as may be provided by state law. Each violation shall constitute a separate offense. [Adopted 4/27/87]

Effective on: 12/9/2013

The Town Council may amend this Ordinance, or any provision thereof, including changes of district boundaries and classifications in accordance with the provisions of the Charter of the Town of Falmouth.

Effective on: 12/9/2013