Maine Revised Statutes Title 25 Sec. 2357-A – No occupancy without certificate; appeal
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Terms Used In Maine Revised Statutes Title 25 Sec. 2357-A
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
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).