FAQ

Follow these steps:

1. Go to the town website www.scarboroughmaine.org
2. Select “Departments” on home page
3. Select “Engineering & Technical Services”
4. Select “GIS”
5. Select “Advanced Parcel Viewer”
6. In search field enter address or map/lot number
7. If more than 1 option appears select appropriate location, otherwise the property will be highlighted and a green box will pop up
8. Under “Links” look for Related Documents and click Launch DocX Search
9. Click ok in pop up box (if this does not open right click on Launch DocX Search and select “Open link in new tab)
10. Any documents tied to the location will be listed
11. Select “Layers” on the left-hand menu and check the boxes for the layers that you want to see
12. If you have questions, contact submittals@scarboroughmaine.org

Maybe. It depends on many things that may need to be determined by others, and in some cases, you’ll need to hire professionals such as a land surveyor to identify and map the boundaries and features of the property. The first step is to know what you have and what is required for the zone in which your lot is located. 

• Do you have enough road frontage for more than one lot?
• Do you have enough area for more than one lot?
• Can you meet property line setbacks to existing structures when you create a new property line?
• Are there any easements across your property to be deducted from your total area?
• Are there any wetlands, slopes greater than 20%, or floodways on your property?
• Will any additional lots trigger the subdivision review process?
• Help with many of the answers to these questions can be found in Scarborough’s Ordinances at http://www.scarboroughmaine.org/departments/planning-codes/planning
• Additionally, you can find much of the information about your lot by using the Scarborough WebGIS application which you can access following the steps in the first FAQ above

Setbacks are referred to in the zoning ordinance as required yard. You can locate the zoning ordinance at https://www.scarboroughmaine.org/business/zoning-ordinance.  You can find the required yard – front, side, or rear – listed in each zoning district section of the ordinance under “Space and Bulk Regulations” (Note: All residential zoning districts are grouped together in Section XIII - Residential Zoning Districts). The minimum front yard for ALL buildings (garages, sheds, and pool houses included) is the distance between the front property line and the closest point of the structure (usually the eave overhang); the minimum side and rear yards are the distance between those property lines and the closest point of the structure. The front yard setback varies from district to district while the side and rear yard setbacks are generally 15 feet, but may be different for specific districts or uses. https://www.scarboroughmaine.org/departments/engineering-technical-services/gis

You need to get what is referred to as a “permit after-the-fact”. This will require the current home owner to submit (at a minimum):

• a building permit application for the space in question
• plans, specifications, or details for the work that was done
• an electrical permit application (if wiring was done)
• a notarized affidavit signed by a licensed electrician, stating the work is done to code
• a plumbing permit application (if plumbing was installed)
• a notarized affidavit signed by a licensed plumber, stating the plumbing is done to code

There may be additional permits needed depending on what the unpermitted space is, for example, if it is an accessory unit or bedroom served by onsite sewage disposal, you may need to upgrade your septic system. All after-the-fact permits will be charged at double the normal fee because it is far more time consuming for the codes department to shepherd applicants through the process and do the inspections after work has been finished. The affidavits are required because inspections were not done to verify compliance before it was closed in. Any work that does not meet the current codes must be corrected or removed before a certificate of occupancy can be issued. The Certificate of Occupancy (CO) concludes the process, and is issued to the homeowner once all applications and affidavits have been submitted, fees have been paid, permits have been issued, and a final passing inspection has been conducted.

The take away on this point is that homeowners should always be sure to obtain required permits for all projects before they begin work. In some cases, it may not even be possible to permit the work after the fact, and it may have to be removed. It will always be cheaper and easier than obtaining after-the-fact permits. You will find an “After-the-Fact” permit application packet by clicking the “Permits & Applications” tab on the Planning and Codes webpage.

Possibly. Depending on the nature of your business, it may qualify as a Home Occupation. You need to determine if a home occupation is allowed in the zoning district where your property is located. In most all residential districts Home Occupations are only permitted as a special exception, which means that approval has to come through the Zoning Board of Appeals. See Section IV.I – Special Exception Permits in the Scarborough Zoning Ordinance for more details. You should also review the performance standards for home occupations in Section IX.V of the ordinance to learn if the type of business you want to operate will qualify.

If your property is shown to be in a Special Flood Hazard Area (SFHA) on Flood Insurance Rate Map (FIRM) for Scarborough, the National Flood Insurance Program requires that you obtain a permit for any development, defined as any manmade change to the improved or unimproved real estate, including things like filling or storage of equipment or materials. This is a condition of the Town’s participation and membership in the National Flood Insurance Program, which allows property owners in Scarborough to benefit from FEMA subsidized insurance when they are required to have it. Homeowners may be able to apply for a Letter of Map Amendment, which removes their property from the SFHA if they provide acceptable proof. More information is available at http://www.maine.gov/dacf/flood/info_for/homeowners_businesses.shtml

Scarborough is a town of over 4000 population, and by statute must adopt the Maine Uniform Building and Energy Codes (MUBEC).  This set of codes consists of the following codes and standards:

The International Code Council (ICC) Codes (use the sidebar to the left of the webpage for navigating the code sections):

• 2021 International Residential Code (IRC)
• 2021 International Building Code (IBC)
• 2021 International Existing Building Code (IEBC)
• 2021 International Energy Conservation Code (IECC)
• 2021 International Mechanical Code (IMC)
• 2019 ASHRAE 62.1 (Ventilation for Acceptable Indoor Air Quality)
• 2019 ASHRAE 62.2 (Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings)
• OR the CSA-F326-M91 Canadian Standards Association Standard for Residential Mechanical Ventilation Systems (Alternative to ASHRAE 62.2)
• 2019 ASHRAE 90.1 (Energy Standard for Buildings except Low-Rise Residential Buildings) editions without addenda.

American Society of Testing Materials (ASTM)

• E-1465-2008, Standard Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings.

There are Maine amendments to these codes. Those amendments can be found at the Codes Bureau website, https://www.maine.gov/dps/fmo/building-codes/mubec-rules

You can buy copies of the codes from The International Codes Council, at www.iccsafe.org. 

ASHRAE standards can be purchased at www.ashrae.org.

ASTM standards can be purchased at www.astm.org. 

The state has set up a Bureau of Building Codes and Standards to administer the new codes.  Their website is:  https://www.maine.gov/dps/fmo/building-codes  

Yes! The 2021 IRC Section 327 references the 2021 International Swimming Pool & Spa Code (ISPSC). The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. 
 
You will also need an electrical permit for the installation of filter and circulation pumps, outlets and lighting that may be installed for the pool. We strongly recommend that you hire a licensed electrician to do this work as there are specific bonding and grounding requirements necessary for protection from electrical shock. Remember…water and electricity don’t mix well, so spend the money and BE SAFE!
 

Yes (with a few exceptions). State Statute Title 22, Ch. 266 ss. 1632 states that a fence shall be erected and maintained around every swimming pool, except above ground pools with sidewalls of at least 24 inches in height. However, it is unclear who is charged with enforcing this statute.

It is clear that the Town is charged with enforcing MUBEC and the ISPSC, which requires a “barrier” designed to restrict entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall not be required to have a fence. Barriers (fences) for an outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa must comply with all of the requirements of the 2021 ISPSC, so confirm with your pool supplier/installer that your set up is code compliant. Otherwise, it will not pass inspection. 

The Code Office can provide you with more information on barrier requirements.

Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. ~ International Residential Code 2021.

Yes! Sheds are structures and require a permit. You’ll need to identify the proposed location with dimensions on a plan of the property to ensure that it meets required structure setbacks from property lines and onsite subsurface wastewater disposal systems.

Fences seven feet high or less do not require a permit. They do not need to meet structure setbacks, but should be located so that they can be maintained without trespassing on abutting properties. Care should be taken not extend fences into the public right of way so as to obstruct sight distances of motoring or pedestrian traffic. Fences greater than seven feet in height are subject to permitting, may need to meet structure setbacks, and may need to be designed by a professional depending on the proposed materials and location.

It depends. Please refer to the Fee Schedule

See the Inspection Checklist attached to the construction permit or ask the Code Office.