§2357-A. No occupancy without certificate; appeal
A building in a municipality of more than 2,000 inhabitants may not be occupied until the building official has given a certificate of occupancy for compliance with the inspections required by section 2353‑A. A building in a municipality of more than 2,000 inhabitants that has adopted or is enforcing the Maine Uniform Building and Energy Code pursuant to Title 10, section 9724 may not be occupied until the building official has given a certificate of occupancy for compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103, and in accordance with the required enforcement and inspection options provided in section 2373. The building official may issue the certificate of occupancy upon receipt of an inspection report by a certified 3rd-party inspector pursuant to section 2373, subsection 4. The municipality has no obligation to review a report from a 3rd-party inspector for accuracy prior to issuing the certificate of occupancy. If the owner permits it to be so occupied without such certificate, the owner must be penalized in accordance with Title 30‑A, section 4452. In case the building official for any cause declines to give that certificate and the builder has in the builder's own judgment complied with section 2353‑A, an appeal may be taken pursuant to Title 30‑A, section 4103, subsection 5 or through an alternative appeal process that has been established by ordinance pursuant to Title 10, section 9724, subsection 5. If on such appeal it is decided that section 2353‑A has been complied with, the owner of the building is not liable to a fine for want of the certificate of the building official. [PL 2011, c. 582, §6 (AMD).]
SECTION HISTORY
PL 2009, c. 261, Pt. B, §7 (NEW). PL 2011, c. 94, §1 (AMD). PL 2011, c. 365, §7 (AMD). PL 2011, c. 582, §6 (AMD).
Structure Maine Revised Statutes
TITLE 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 313: MUNICIPAL INSPECTION OF BUILDINGS
25 §2351. Building official; compensation; jurisdiction; deputy (REPEALED)
25 §2351-A. Building official; compensation; deputy
25 §2352. Right to enter buildings
25 §2353. Duty to inspect buildings under construction (REPEALED)
25 §2353-A. Duty to inspect buildings under construction
25 §2354. Inspection of buildings being repaired
25 §2355. Inspection of chimneys, furnaces, boilers and the like (REPEALED)
25 §2357. No occupancy without certificate; appeal (REPEALED)
25 §2357-A. No occupancy without certificate; appeal
25 §2358. Failure to comply with order of building official
25 §2359. Refusing admission to building official
25 §2360. Authority to enter buildings; remedy of conditions appeals