An Act To Streamline the Approval of Accessibility Structures
Maine Legislature, Session 126, LD 0155
Committee: State and Local Government
Sponsors: MORRISON, MILLETT, HAMANN, HARLOW, JONES, KAENRATH, LUCHINI
Amends: 30-A MRSA §4353, 30-A MRSA §4353-A

Legislative Document 
No. 155 
H.P. 130 
House of Representatives, January 31, 2013 
An Act To Streamline the Approval of Accessibility Structures 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MORRISON of South Portland. 
Cosponsored by Senator MILLETT of Cumberland and 
Representatives: HAMANN of South Portland, HARLOW of Portland, JONES of Freedom, 
KAENRATH of South Portland, LUCHINI of Ellsworth. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, when a person with a disability requires approval to build a ramp that 
provides access to that person's dwelling, delay in the approval process can pose 
significant hardship; and 
Whereas, applying for approval through a municipal board can be a slow process, 
and this Act allows an application to be made through a municipal code enforcement 
officer, which could provide a more expeditious proceeding; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §4353, sub-§4, as amended by PL 1997, c. 148, §1, is 
further amended to read: 
4.  Variance.  Except as provided in subsections 4-A, 4-B and 4-C and section 
4353-A, the board may grant a variance only when strict application of the ordinance to 
the petitioner and the petitioner's property would cause undue hardship.  The term "undue 
hardship" as used in this subsection means: 
A.  The land in question can not yield a reasonable return unless a variance is 
granted; 
B.  The need for a variance is due to the unique circumstances of the property and not 
to the general conditions in the neighborhood; 
C.  The granting of a variance will not alter the essential character of the locality; and 
D.  The hardship is not the result of action taken by the applicant or a prior owner. 
Under its home rule authority, a municipality may, in a zoning ordinance, adopt 
additional limitations on the granting of a variance, including, but not limited to, a 
provision that a variance may be granted only for a use permitted in a particular zone. 
Sec. 2.  30-A MRSA §4353-A is enacted to read: 
§4353-A.  Code enforcement officer; authority for disability structures permits 
Notwithstanding section 4353, a municipality may authorize a code enforcement 
officer to issue a permit to an owner of a dwelling for the purpose of making a dwelling 
accessible to a person with a disability who resides in or regularly uses the dwelling.  If 
the permit requires a variance, the permit is deemed to include that variance solely for the 
installation of equipment or the construction of structures necessary for access to or 
egress from the dwelling for the person with a disability.  The code enforcement officer 
may impose conditions on the permit, including limiting the permit to the duration of the 
disability or to the time that the person with a disability lives in the dwelling. 
For the purposes of this section, the term "structures necessary for access to or egress 
from the dwelling" includes ramps and associated railings, walls or roof systems 
necessary for the safety or effectiveness of the ramps. 
For the purposes of this section, "disability" has the same meaning as a physical or 
mental disability under Title 5, section 4553-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law requires a municipal zoning board of appeals to approve the construction 
of a disability ramp requiring a variance before a permit is issued by a code enforcement 
officer.  This bill allows the code enforcement officer to grant all permits to build a 
disability ramp, including any structure that requires a variance.