The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1918-11-28
OBSERVATIONS ON OUR
FIRE ORDINANCES
\ Letter From the New England In
Suranee Exchange


which occurred on the 18th day of
March, 1917, subsequently gained
quite history in the legal procedure
Of this state Believing they we're
aot authorized to grant a permit to
rebuild this wooden structure, the fire
commissioners refused to approve the
building plan submitted by Martin B.
Heselton. the owner Mr. Heselton
ielt that he had right to repair his
building, carried the thing through the
courts, and finally obtained a favor
able decision.
The fire commissioners took the
above stand, acting upon Section of
the Ordinances of the Town of Skow-
hogan relating to fire hazards This
specifies that any building located
within the fire limits which is damag-
ed by fire to a greater extent than
one-half its value shall not be rebuilt
of wood but shall be torn down. The
intention of this bylaw was to re-
quire that new structures within the
tire-resisting material, and that old
structures extensively damaged by
fire be replaced by freproof construc-
ton The courts held that this SO
per cent provision was unreasonable,
and upon that finding the town failed
TO maintain it's case.
AS the matter now stands, should
wooden building within the fire limits
be damaged, the fire commissioners
would be somewhat in doubt as to
their duty in the matter. Judging
from the present decision, they would
naturally suppose that a building
damaged so per cent only could be
rebuilt of wood. OF course, If the
building is total loss, they could re-
quire the owner, II he rebuilds, to
use brick construction. Guided by
the above decision, If the building was
damaged 80 per cent or less, they
would feel bound to issue permits for
rebuilding OF wood. II the damage
was so. 70 or 80 per cent of the value,
guess they could at what the courts
would sustain Probably II there
was no question but what there had
been a so per cent loss, they would
require freproof construction and see
what the courts would say about it.
In the effort to post themselves as
to their duties, the fire commission
ers compiled a brief history of the
Heselton case and sent it to the New
England Insurance Exchange at Bos
ton This organization federates the
fire insurance interests of New Eng
land They MAINTAIN bureaus which
study constantly every phase Of the in
surance problem. A standard build
ing code compiled by them contains
50 per cent clause very similar to the
one adopted by Skowhegan as above
referred to. This code, upon their
recommendation, has been adopted by
the past year by the City OF Water
Vile The Exchange does not at
tempt to dictate bylaws for any COM
munity or to regulate in any other
way its internal affairs 1t does, how
ever, base its insurance rates upon the
bylaws in force in any town as one
of the general conditions affecting the
fire hazard in that community. or
course, if new wooden buildings can
be built or old ones repaired of wood
without restrictions of any kind, the
New England Exchange would not
grant as low a rate as IL approved
building regulations were in force
Skowhegan has rather bad fire
history. We lost, in one year, yer
a quarter of a million dollars OF
property by fire. We have since i'm
proved our situation by the addition
of a motor chemical fire truck, horses
at the HTe department puiiuihbt "HN
some other minor changes. There has
also been some improvement in the
building situation Under the build
ing code, we have required some des-
troyed buildings to be rebuilt OF brick
and have secured fire proof roofs, in
place OF shingles, on others. Our
worst problem is with regard to city
water. the present plant being looked
upon as inadequate by insurance
authorities
The New England Insurance Ex-
change letter should be read with in
tprest with regard to construction ana
repair of buildings as emanating from
the highest authority dealing with
such matters.
Boston, November 19, 1917.
Fire Commissioners,
Skowhegan. Me.
Dear Sirs:-
Yours of the 10th in regard to
court decisions in relation 10 pro
vision of building ordinance in re-
gard to replacement OF frame
buildings received, and contents
noted.
The information which you give