An Act Regarding Energy Codes
Maine Legislature, Session 122, LD 1685
Amends: 10 MRSA §1413, 10 MRSA §1414-A, 10 MRSA §1415-C, 10 MRSA §1415-D, 10 MRSA §1415-E, 10 MRSA §1415-G, 10 MRSA §1415-H, 10 MRSA §1415, 10 MRSA §1420, 35-A MRSA §121

Legislative Document 
No. 1685 
H.P.1191 
House of Representatives, June 1,2005 
An Act Regarding Energy Codes 
Reported by Representative BLISS of South Portland for the Joint Standing Committee on 
Utilities and Energy pursuant to the Maine Revised Statutes, Title 5, section 3327, subsection 4. 
Printed on recycled paper 
17/~ 
117· 7Il1lC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1413, sub-§4, as enacted by PL 1979, c. 503, 
§2, is amended to read: 
4. 
Commission. "Commission" means the 
GeFRFR.i66.iEHI.--on--EBeF~y 
E~~isieBsy--~~~~--P~~~~--StaBQaFQS 
Public 
Utilities 
Commission. 
Sec. 2. 10 MRSA §1413, sub-§7, as amended by PL 1989, c. 501, 
Pt. DD, §21, is repealed. 
Sec. 3. 10 MRSA §1413, sub-§12, as amended by PL 1987, c. 818, 
§2, is further amended to read: 
12. 
Commercial 
building. 
"Commercial 
eF---i-n-s-t.-:i-t.'Ii-t..ieaa,l 
building" means 
any building and any addition to an existing 
building whish that. is not a residential or industrial building 
as-Qe~iBeQ-heFeiB. 
Sec. 4. 10 MRSA §1413, sub-§16, 
as amended by PL 1991, c. 
246, §5, is further amended to read: 
16. 
Residential building. 
"Residential building" means a 
detached one family or 2 family dwelling: a dwelling in a group 
of single-family eF-FR'li1-t.-:i~am41y-~~~~~~~-~~-yeaF-FeYBQ 
eF--w-i-n-t.e~--~---~~--aBQ--~QQ-i-t.-i~-n-s--~~--&~~--9Yi,lQiB~ST 
WetwithstaBQiB~-~~-~Q4~7--~&~~-~~--~hi&-~~~-iBelYQes 
FReQYlaF-~-as-~~~-ia-~~~~~-~9-AT-~~-on--4~9g-~~--aFe 
iBstal1eQ--i~~~-S~ate dwellings that is not more than 3 stories 
in height and with a separate means of egress; a group of more 
than 2 dwelling units that are 3 stories or fewer in height and 
whose occupants are primarily permanent: a building 3 stories or 
fewer in height that is arrangEld for occupancy as a residential 
care or assisted living facility for more than 5 but not more 
than 16 occupants: and an accessory structure to any of these 
buildings. 
This definition is intended to be the same as the definition of 
"residential building" in the model building energy code adopted 
by the commission by major substantive rule pursuant to Title 
35-A, section 121. 
Sec. 5. 10 MRSA §1414-A, as amended by PL 1989, c. 501, Pt. 
DO, §23, is further amended to read: 
§1414-A. 
Adoption of energy performance building 
standards by state agencies 
Energy 
performance 
building 
standards 
adopted 
by 
state 
agencies saa!! !!ll!ll be coordinated with 
eaea-e-tA.e~ one another, 
as far as practicable, so that similar activities and buildings 
are treated in a similar way. 
The 
bemmissieae~-«-~iG--aaEi. 
bemm1:iai&y--~¥eJ.epmea,= 
commission 
shall 
assist 
other 
state 
agencies in developing energy standards waiea t.ruu:. comply with 
this section. 
Sec. 6. 10 MRSA §1415-C, first " 
as amended by PL 2003, c. 
151, §3, is repealed. 
Sec. 7. 10 MRSA §1415-C, sub-§3, as amended by PL 2003, c. 
645, §4, is further amended to read: 
3. 
Multifamily structures. 
Effective January 1, 6994 2QQQ, 
iR-~~~~-&&-~~~~~-~--th€--r~~~~-ef-~~~-see'=ieaT 
any new construction or renovation of a conditioned space in any 
residential building of more than 2 dwelling units must conform 
to 
ASWRAi-~~~-~~-~QQJ.-~aG-A~~-S&aaGa~-~~~~---~e~ 
tae-PQ£peses-e~-~hi~-~~~-~l~~~it~-~-b~~~-eEl.i'=ieR 
e€-~~-Ia,=eFaa'=ieRa!-~~-beRseFva'=iea-~~-p1:i9!isaeEl.-~-'=Be 
IR,=eFaa,=ieaa!--~Ge-~~~~-~~~~~-~~~~~-wi-tA.--ASWRAi 
S,=aaEl.aFEI.-99Tl-699lT~ 
A. 
Chapter 11 of the International Residential Code for 
One-
and Two-Family Dwellings adopted by the International 
Code 
Council 
in 
2003 
or 
the 
2003 
edition 
of 
the 
International 
Energy 
Conservation 
Code 
published by 
the 
International Code Council; and 
B. The standards adopted by ASHRAE in 2003 for ventilation 
practices 
in 
residential 
low-rise 
building 
construction 
enti tled "Ventilation and Acceptable Indoor Air Ouality in 
Low-Rise 
Residential Buildings," 
commonly referred to as 
ASHRAE 62.2-2003. 
Sec. 8. 10 MRSA §1415-C, sub-§§4 and 5, as amended by PL 1991, 
c. 824, Pt. A, §14, are further amended to read: 
4. 
Waiver. 
A waiver from subsection 3 may be granted by 
the eemmissieaeF commission on a case-by-case basis for instances 
of renovation as defined by section 1413, 
subsection 15. 
In 
regards to the renovation of historic buildings, 
a 
waiver is 
granted 
when 
the 
Executive 
Director 
of 
the 
State 
Historic 
Preservation Commission determines that adherence to the energy 
building standards would result in irreparable damage to the 
historic character of a building on the National Register of 
Historic Places, eligible for nomination to the national register 
or designated as a historic building by a certified municipal 
historic preservation ordinance. 
In other instances, such as the 
rebuilding 
of 
a 
structure 
damaged 
by 
fire 
or 
a 
historic 
preservation project when maintaining historic character is not 
an issue, the eemmissieneF Public Utilities Commission may grant 
a waiver when it can be shown that the additional cost of meeting 
the energy building standards would make the building renovation 
economically infeasible. 
5. 
Waiver 
decision. 
The 
eemmissieneF 
commission 
shall 
render 
a 
decision on 
an 
application for 
a 
waiver 
from 
the 
standards within 30 
days of the receipt by the eemmissieneF 
commission of a complete application for a waiver. 
In rendering 
a decision, the eemmissieneF commission may place conditions upon 
the 
granting 
of 
a 
waiver. 
Failure 
on 
the 
part 
of 
the 
eemmissieneF 
~mmiss.i.Qn to render a decision within the 30-day 
period constitutes approval of the request for the waiver. 
Sec. 9. 10 MRSA §1415-D, as amended by PL 2003, c. 645, §5, 
is further amended to read: 
§I4I5-D. 
Mandatory standards for commercial construction 
Except as provided in this section, 
new construction or 
substantial 
renovation 
of 
any 
commercial 
eF---iru;..t.-i-t.-1*t.-ienal 
building undertaken after January 1, 2004 must conform to ASHRAE 
Standard 62-2001 and either ASHRAE Standard 90.1-2001 ~the 2003 
edition of the International Energy Conservation Code published 
by the International Code Council under any of the compliance 
methods specified in the standards. 
~eF--~-~~-~~--this 
seetieB-~~~-w4~h--tae-~~-ea4~4eB-~~-~~-*nteFBatieBa± 
EBeF~y--GeBseFvatieB-~-~~~-~-~~-~B~e£Ba~4eBaJ--GeQe 
GeQnei*-~i-t~~-~~~~€--with-~-~~~-9GT±-~GG*T 
For the purpose of this section, "substantial renovation" means 
any renovation for which the cost exceeds 50% of the building' s 
current value prior to renovation. 
1. 
Construction in anticipation of future sale or rental. 
Any 
person 
who 
constructs 
any 
commercial 
eF--4~5~4~~~4eBa± 
building after January 1, 1989 with the intent to sell or lease 
the building to another party whose 
energy requirements 
are 
unknown at the time of construction is subject to the following 
provisions. 
A. 
The 
person 
constructing 
the 
building 
shall 
employ 
construction techniques and design features that permit the 
ready 
installation 
of 
energy 
efficient 
equipment 
and 
materials sufficient to meet the standards established under 
this section whieh thgt are applicable to all reasonably 
foreseeable uses of the building. 
B. 
The person to whom the building is sold or leased is 
responsible 
for 
promptly 
installing 
the 
materials 
and 
equipment necessary for the building to conform with the 
standards established under this section. 
Sec. 10. 10 MRSA §1415-E, as amended by PL 2003, c. 644, §3, 
is further amended to read: 
§14l5-E. 
Administration of standards 
1. 
Administration. 
The 
:gepa~tRleRt---G-~---E€:-&nE>mi-{}---aRQ 
GeRlRl~Rity---:geye~epRleRt 
commission 
is 
responsible 
for 
the 
administration aRQ--&&*I'-&eRleRt of the standards established in 
this chapter. 
In administering these standards, the 
:gepa~tRleRt 
e€-EeeReRlie-aRQ-GeRlRl~Rity-:geyelepRleRt commission shall: 
A. 
Work cooperatively with other state, regional and local 
agencies interested in or affected by these standards and 
may, by rules adopted in accordance with Title 5, chapter 
375, 
distribute to regional planning councils funds 
made 
available for this purpose. 
Sec. 11. 10 MRSA §1415-G, as amended by PL 2003, c. 20, Pt. 
RR, §8, is further amended to read: 
§14l5-G. 
Electric heating systems; subsidized 
housing 
1. 
Residential 
construction, 
remodeling 
and 
renovation. 
Except as provided in this section, during the construction, 
remodeling or renovation of a multifamily residential 
9~i~Qi.RCj 
structure, 
a 
person 
may 
not 
install electric 
space 
heating 
equipment as the primary heating system if that construction, 
remodeling or renovation is funded in whole or in part by public 
funds, 
guarantees 
or 
bond 
proceeds. 
For 
purposes 
of 
this 
section, 
"multifamily residential 
9~i~QiRCj structure" means 
a 
residential structure with more than one dwelling unit. 
2. Waiver. 
After written petition from a building owner, 
the 
eeRlRlissieBe~ commission shall grant a waiver from subsection 
if the building design conforms to the residential standards 
set forth 
in subsection 
or 
4. 
A waiver granted by 
the 
eeRlRlissi.eRe~ commission under this subsection must be in writing 
and state the eeRlRli.ssieRe~~s commission's reason for granting the 
waiver. 
3. 
Residential 
standards; 
electric 
heat. 
If 
the 
eeRlRlissieRe~ commission grants a waiver under subsection 2, the 
building owner shall renovate the building or construct a 
new 
building so that the entire building conforms to the minimum 
energy efficiency standards established in this section. 
If a 
waiver is granted under 
subsection 
for 
a 
building to 
be 
remodeled or 
a 
building that receives 
an addition, 
only the 
remodeled portion of the building or the addition must conform to 
the following minimum energy efficiency standards. 
A. 
All ceilings that face an outdoor or unheated space must 
be insulated to an R-value of 57 or greater. 
B. 
All walls that face an outdoor or unheated space must be 
insulated to an R-value of 38 or greater. 
C. 
All floors over unheated spaces must be insulated to an 
R-value of 25 or greater. 
D. 
Slab-on-grade floors must have perimeter insulation of 
either: 
(1) 
R-15 when the insulation extends downward from the 
top of the slab to the design frost line; or 
(2) 
R-15 
when 
the 
insulation 
extends 
around 
the 
perimeter and horizontally or diagonally beneath or 
away from the slab for a distance equivalent to the 
depth of the frost line. 
E. 
All foundation walls adjacent to a heated space must be 
insulated from the top of the foundation to the frost line 
to an R-value of 19 or greater. 
F. 
All windows and glass in doors, when the glass in the 
door constitutes 1/3 or more of the door area, must have a 
total window unit R-value of 2.5 or greater. 
G. 
All exterior doors must be insulated or equipped with a 
storm door. 
H. 
All new 
infiltration 
construction and renovation must comply with 
and ventilation standards established by the 
eemm~ss~eReF commission. 
4. 
Performance-based 
compliance. 
Effee~i¥9--JaR~aFy--IT 
1996T-~Re-~~mm4ssieReF The commission may waive the requirements 
of subsection 3 for any building if the 
eemm~ss~eReF commission 
determines 
that 
the 
building's 
calculated 
annual 
energy 
consumption is not greater than the annual energy consumption of 
a similar building constructed in accordance with subsection 3. 
The eemmissisR9F-sRall commission may adopt rules that establish 
a 
performance-based 
compliance 
procedure 
for 
residential 
buildings Bef9Fe-Ja8~aFY-±T-±996. 
subsection are routine technical 
chapter 375, subchapter 2-A. 
Rules adopted pursuant to this 
rules as defined in Title 5, 
5. Violation. 
A building owner who violates this section or 
rules adopted under this section commits a civil violation for 
which a 
f9Ffeit~Fe fin~ of not less than $100 nor more than 5% of 
the value of construction must be adjudged. 
6. 
Notification. 
An 
agency, 
municipality 
or 
granting 
authority that provides a housing subsidy as described in this 
section must notify the 
P~B±ie--Ut.-j,...1-i-t.-l,e.s..-b9fRfRissi98 commission 
that 
the 
application 
complies 
with 
the 
residential 
energy 
requirements of this section. 
Notification must be in a 
form 
prescribed by rule by the commission. 
Sec. 12. 10 MRSA §1415-H, as amended by PL 2003, c. 20, Pt. 
RR, §9 and affected by §18, is repealed. 
Sec. 13. 10 MRSA §1415-1 is enacted to read: 
§1415-I. Notice 
The 
commission 
shall 
develop 
materials 
that 
provide 
information about the mandatory standards imposed under section 
l415-D 
and 
the 
pen~s for 
noncompliance established under 
section 
1420. 
The 
commission 
shall 
provide 
copies 
of 
the 
materials to permitting authorities who shall in turn distribute 
those copies to persons seeking permits to construct or renovate 
commercial buildings. 
For purposes of this section, "permitting 
authorities" 
means 
authorities 
with 
jurisdiction 
over 
the 
issuance of building permits or other permits associated with the 
construction 
or 
renovation 
of 
commercial 
buildings. 
The 
commission may also provide copies of the materials or other 
educational materials 
to entities involved in the design or 
construction of commercial buildings. 
Sec. 14. 10 MRSA §1420, sub-§3, as enacted by PL 1987, c. 818, 
§5, is amended to read: 
3. 
All other buildings. 
Afte!'-~~-lT-~,--it It is 
unlawful 
for 
any 
person 
to 
construct 
any 
residentialT 
Q£ 
commercial 
9!'--i8stit~ti98a± building in violation of section 
1415-C or 
1415-D. 
The 
owner 
of 
any building constructed in 
violation of this subsection is subject to a civil penalty not to 
exceed 5% of the value of the construction, payable to the State, 
to be recovered in a civil action. 
Sec. 15. 35-A MRSA §121, sub-§2, as enacted by PL 
2003, c. 
645, §6, is amended to read: 
2. 
Model code. 
After the effective date of rules adopted 
pursuant to subsection 1, a municipality may not adopt a building 
energy code other than the model building energy code or an 
amend~d version of the model building energy code. 
For purposes 
of this subsection, "amended version of the model energy building 
code" means a version of the code that does not include certain 
parts or portions of the code or that creates new exemptions from 
its requirements but does not include a version of the code that 
includes modifications to any standard established in the code. 
Nothing in this section requires 
a 
municipality to 
adopt 
a 
building energy code. 
A municipality that has a building energy 
code in effect prior to the effective date of the rules may 
continue to keep that code, but if the municipality replaces its 
energy code it must adopt the model building energy code or an 
amended version of the model energy building code in accordance 
with this subsection. 
Sec. 16. Changes to multifamily building standards; effective date. 
Those sections of this Act that amend or repeal portions of the 
Maine Revised Statutes, Title 10, section 1415-C take effect on 
January 1, 2006. 
This bill, which is 
Committee on Utilities and 
Statutes, Ti tle 5, section 
following. It: 
SUMMARY 
reported out 
by the Joint Standing 
Energy pursuant to the Maine Revised 
3327, subsection 4, accomplishes the 
1. 
Provides 
the 
Department 
administer energy 
for the Public Utilities Commission rather than 
of 
Economic 
and 
Community 
Development 
to 
efficiency building performance standards; 
2. 
Changes certain definitions in the energy efficiency 
building performance standards laws to make them consistent with 
the model building energy code; 
3. 
Updates 
the mandatory building energy standards 
for 
multifamily residential buildings less than 4 stories in height 
to the standards adopted in the model building energy code; 
4. 
Provides 
for 
provision 
by 
the 
Public 
Utilities 
Commission of information about the mandatory commercial building 
standards to appropriate entities involved in permitting building 
construction so that that information can be distributed to 
persons applying for such permits. 
It authorizes the commission 
to 
distribute 
the 
forms 
or 
other 
educational 
materials 
to 
enti ties involved in the design or construction of commercial 
buildings; and 
5. 
Provides 
that 
municipalities 
may 
adopt 
an 
amended 
version of the model building energy code that does not include 
certain parts or portions of that code or that creates 
new 
exemptions 
from 
its 
requirements 
but 
does 
not 
permit 
a 
municipality to adopt a 
version that includes modifications to 
any standard established in that code. 
Fiscal Detail and Notes 
Approved: 05/26/05 ::tvac:.. 
LD (not known) 
LR 2406(01) 
An Act Regarding Energy Codes 
Fiscal Note for Original Bill 
Reported pursuant to 5 MRSA, section 3327(4) 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The additional costs associated with this legislation can be absorbed by the Public Utilities Commission within 
existing budgeted resources. 
LR2406(1) - Fiscal Note - Page 1 of 1