An Act To Establish a Uniform Building and Energy Code
Maine Legislature, Session 123, LD 2257
Committee Amendment CA_B_H984 (House)
Amends: 30-A MRSA §4451, 30-A MRSA §4452

COMMITTEE AMENDMENT "B" to H.P. 1619, L.D. 2257, Bill, "An Act To 
Establish a Uniform Building and Energy Code" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish a Uniform Building Code' 
Amend the bill in section 2 in §9707 in the first paragraph in the first line (page 1, 
line lOin L.D.) by striking out the following: "January" and inserting the following: 
'July' 
Amend the bill by striking out all of sections 3 to 6 and inserting the following: 
'Sec.3. 10 MRS A c. 1103 is enacted to read: 
CHAPTER 1103 
MAINE UNIFORM BUILDING CODE 
§9721. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Board. "Board" means the Technical Building Codes and Standards Board 
established in Title 5, section 12004-G, subsection 5-A. 
2. Maine Uniform Building Code. "Maine Uniform Building Code" means the 
uniform statewide building code adopted by the board pursuant to this chapter. 
§9722. Technical Building Codes and Standards Board 
1. Establishment. The Technical Building Codes and Standards Board, established 
in Title 5, section l2004-G, subsection 5-A and located within the Department of Public 
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Safety, is established to adopt, amend and maintain the Maine Unifonn Building Code, to 
resolve conflicts between the Maine Uniform Building Code and the fire and life safety 
codes in Title 25, sections 2452 and 2465 and to provide for training for municipal 
building officials, local code enforcement officers and 3rd-party inspectors. 
2. 
Membership. The board consists of 11 voting members, appointed by the 
Governor: 
A. The State Fire Marshal or a designee or a fire chief, recommended by the Maine 
Fire Chiefs' Association or its successor organization; 
B. A municipal code enforcement officer employed by a municipality that is not a 
service center community under Title 30-A, chapter 187, recommended by the Maine 
Municipal Association or its successor organization; 
C. A municipal code enforcement officer employed by a service center community 
under Title 30-A, chapter 187, recommended by the Maine Service Centers Coalition 
or its successor organization; 
D. 
A residential builder recommended by a statewide or regional association of 
home builders and remodelers; 
E. 
A commercial builder recommended by a statewide association of general 
contractors; 
F. An architect licensed in the State who is accredited by a nationally recognized 
organization that administers credentialing programs related to environmentally 
sound building practices and standards, recommended by a statewide chapter of a 
national institute of architects; 
G. 
A structural engineer licensed in the State, recommended by a statewide 
association of structural engineers; 
H. 
A historic preservation representative, recommended by the Maine Historic 
Preservation Commission, with experience implementing the standards for the 
treatment of historic properties set forth in 36 Code of Federal Regulations, Part 68 
(2007), who is: 
(1) An architect licensed in the State; 
(2) A structural engineer licensed in the State; or 
(3) A builder; 
I. 
An energy efficiency representative, recommended by the director of the 
Governor's Office of Energy Independence and Security within the Executive 
Department, who has experience or expertise in the design or implementation of 
energy codes or in the application of energy efficiency measures in residential or 
commercial construction; 
J. 
A mechanical engineer licensed in the State, recommended by a statewide 
association of mechanical engineers; and 
K. A lumber material dealer or supplier, recommended by a statewide association of 
lumber dealers in the State. 
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A member appointed under this subsection must have at least 5 years' experience in the 
field that member is nominated to represent and must be employed in that field. 
3. 
Ex officio member; chair. The Commissioner of Public Safety, or the 
commissioner's designee, serves as an ex officio member and as the chair of the board. 
The chair is a nonvoting member, except in the case of a tie of the board. The chair is 
responsible for ensuring that the board maintains the purpose of its charge when 
executing its assigned duties, that any adoption and amendment requirements for the 
Maine Uniform Building Code are met and that training and technical assistance is 
provided to municipal building officials. 
4. Terms; removal. Appointments to the board are made for a 4-year term, and 
members are eligible for reappointment. If there is a vacancy for any cause, the Governor 
shall make an appointment immediately effective for the unexpired term. A member of 
the board may be removed from the board for cause by the Governor. 
5. Meetings; quorum. The board shall meet quarterly and at such other times as the 
board determines necessary. Seven voting members of the board constitute a quorum for 
the transaction of business under this chapter. 
(). Duties and powers. In addition to other duties set forth in this chapter, the board 
shall: 
A. 
Adopt rules in accordance with the Maine Administrative Procedure Act 
necessary to carry out its duties under this chapter. Rules adopted pursuant to this 
chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; 
B. Adopt, amend and maintain the Maine Uniform Building Code; 
C. Adopt rules for the review and adoption of amendments to the Maine Uniform 
Building Code, including: 
(1) A process for consideration of amendment proposals submitted by 
municipalities, county, regional or state governmental units, professional trade 
organizations and the public; 
(2) A requirement that amendments that are more restrictive than the national 
minimum standard be accompanied by an economic impact statement that 
includes: 
(a) An identification of the types and an estimate of the number of the small 
businesses subject to the proposed amendment; 
(b) The projected reporting, record-keeping and other administrative costs 
required for compliance with the proposed amendment, including the type of 
professional skills necessary for preparation of the report or record; 
(c) A brief statement of the probable impact on affected small businesses; 
and 
(d) A description of any less intrusive or less costly, reasonable alternative 
methods of achieving the purposes of the proposed amendment; 
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to H.P. 1619, L.D. 2257 
(3) A process for reviewing and evaluating criteria to identify whether an 
amendment is needed to: 
(a) Address a critical life or safety need, a specific state policy or statute or a 
unique character of the State; 
(b) Ensure consistency with state rules or federal regulations; or 
(c) Correct errors and omissions; 
(4) Timelines governing the filing of amendments and a process to establish an 
annual adoption cycle; and 
(5) A process for publication of adopted amendments within 30 days of adoption; 
D. Identity and resolve conflicts between the Maine Uniform Building Code and the 
fire safety codes and standards adopted pursuant to Title 25, section 2452. The board 
shall develop rules designed to resolve these conflicts, which must include: 
(1) Notification to the authority or authorities having jurisdiction over the code 
or standard that is in conflict with the Maine Uniform Building Code and a 
request for submission of proposed solutions for such conflicts; 
(2) 
Procedures for consideration of proposed solutions submitted by the 
authority or authorities having jurisdiction over the code or standard that is in 
conflict with the Maine Uniform Building Code and consideration of new 
approaches to resolving the conflict; and 
(3) Publication of resolution of the conflict within 30 days of adoption; 
E. On December 31 st of each calendar year beginning in 2010, report to the joint 
standing committee of the Legislature having jurisdiction over business, research and 
economic development matters any proposals for proposed conflict resolutions for 
codes and standards referenced in section 9725, subsections 2 to 7; proposals to 
improve the efficiency and effectiveness of those codes and standards; and alternative 
methods of funding for the board to create an equitable source of revenue; 
F. Develop technical advisory groups of experts and interest group representatives as 
necessary to provide the board with detailed information and recommendations on 
amendments to the Maine Uniform Building Code, national model codes revisions 
and conflict resolution with other building-related codes and standards adopted in the 
State. The board may direct the technical advisory groups to identify economic 
impacts on small businesses, housing affordability, construction costs, life-cycle costs 
or code enforcement costs of proposed changes to the code; 
G. In accordance with section 9723, ensure that training and certification regarding 
the Maine Uniform Building Code is readily available, affordable and accessible to 
municipal building officials; and 
H. Make historic preservation a policy priority in the adoption and amendment of the 
Maine Uniform Building Code. 
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(1) Provisions of model codes and standards intended to facilitate the continued 
use or adaptive reuse of historic buildings must be maintained in the adopted 
versions ofthe Maine Uniform Building Code. 
(2) The board shall proactively identify additional or alternative compliance 
means and methods for historic buildings in the adoption and amendment of the 
Maine Uniform Building Code. 
This subsection is repealed January 1, 2012. 
§9723. Training and certification program standards 
1. 
Appoint committee; establish requirements. 
The board shall appoint a 
5-member training and certification committee, referred to in this section as "the 
committee," to establish the training and certification requirements for municipal building 
officials, local code enforcement officers and 3rd-party inspectors. For purposes of this 
section, "3rd-party inspector" has the same meaning as set forth in Title 25, section 2371, 
subsection 6. 
2. Training program standards; implementation. The committee shall direct the 
training coordinator of the Bureau of Building Codes and Standards, established in Title 
25, section 2372, to develop a training program for municipal building officials, local 
code enforcement officers and 3rd-party inspectors. The Executive Department, State 
Planning Office, pursuant to Title 30-A, section 4451, subsection 3-A, shall implement 
the training and certification program established under this chapter. 
3. 
Annual review. The committee shall annually review the training program 
developed pursuant to subsection 2 to confirm that training courses are regularly offered 
in geographically diverse locations and that training for municipal building officials is 
fully funded by the State. 
§9724. Application 
1. Limitations on home rule authority. This chapter provides express limitations 
on municipal home rule authority. 
2. Ordinances. 
Effective July 1, 2010, except as provided in subsection 3 and 
section 9725, any ordinance regarding a building code of any political subdivision of the 
State that is inconsistent with the Maine Uniform Building Code is void. The Maine 
Uniform Building Code may be enforced through inspections that comply with Title 25, 
section 2373. 
3. Exception. This section does not prohibit the adoption or enforcement of an 
ordinance of any political subdivision that sets forth provisions for local enforcement of 
building codes. The requirements of the Maine Uniform Building Code do not apply to 
log homes or manufactured housing as defined in chapter 951. 
§9725. Fire and building-related codes and standards remain 
The codes and standards listed in this section remain in force in their entirety unless 
the board adopts and publishes a conflict resolution between the fire and safety codes and 
standards and the Maine Uniform Building Code. Conflict resolutions adopted pursuant 
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to this chapter must also be incorporated into the fire and safety codes and standards by 
the appropriate authorities: 
1. 
Fire safety codes and standards. Fire safety codes and standards adopted 
pursuant to Title 25, sections 2452 and 2465; 
2. Electrical standards. Electrical standards adopted pursuant to Title 32, section 
1153-A; 
3. Plumbing code. The plumbing code adopted pursuant to Title 32, section 3403-B; 
4. Oil and solid fuel burning equipment standards. Oil and solid fuel burning 
equipment standards adopted pursuant to Title 32, section 2353; 
5. 
Propane and natural gas equipment standards. Propane and natural gas 
equipment standards adopted pursuant to Title 32, section 14804; 
6. 
Boiler and pressure vessel standards. Boiler and pressure vessel standards 
adopted pursuant to Title 32, section 15104-A; and 
7. Elevator standards. Elevator standards adopted pursuant to Title 32, section 
15206.' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 25 MRSA c. 314 is enacted to read: 
CHAPTER 314 
BUILDING CODES AND STANDARDS 
§2371. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Board. "Board" means the Technical Building Codes and Standards Board 
established in Title 5, section 12004-G, subsection 5-A. 
2. Building official. "Building official" means a building official appointed pursuant 
to section 2351. 
3. 
Bureau. 
"Bureau" means the Bureau of Building Codes and Standards 
established in section 2372. 
4. Code. "Code" means the Maine Uniform Building Code adopted pursuant to Title 
10, chapter 1103. 
5. Commissioner. "Commissioner" means the Commissioner of Public Safety. 
6. Third-party inspector. "Third-party inspector" means a person certified by the 
State to conduct inspections under Title 30-A, section 4451 for compliance with the code. 
A 3rd-party inspector may not hold a pecuniary interest, directly or indirectly, in any 
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building for which the 3rd-party inspector issues an inspection report pursuant to section 
2373 and may not be appointed as a building official. 
§2372. Bureau of Building Codes and Standards 
1. Established. The Bureau of Building Codes and Standards is established within 
the Department of Public Safety to provide administrative support and technical 
assistance to the board in executing its duties pursuant to Title 10, section 9722, 
subsection 6. 
2. Staff. The commissioner may appoint or remove for cause staff of the bureau, 
including: 
A. A technical codes coordinator certified in building standards pursuant to Title 
30-A, section 4451, subsection 2-A, paragraph E, who serves as the bureau director 
and principal administrative and supervisory employee of the board. The technical 
codes coordinator shall attend meetings of the board, keep records of the proceedings 
of the board and direct and supervise the personnel employed to carry out the duties 
of the board, including but not limited to providing technical support and public 
outreach for the adoption of the code, amendments, conflict resolutions and 
interpretations. Technical support and public outreach must include, but may not be 
limited to: 
(1) Providing nonbinding interpretation of the code for professionals and the 
general public; and 
(2) Establishing and maintaining a publicly accessible website to publish general 
technical assistance, code updates and interpretations and post-training course 
schedules; and 
B. An office specialist to provide administrative support to the bureau and the board. 
§2373. Municipal inspection options 
Beginning July 1, 2010, the code may be enforced in a municipality that has more 
than 2,000 residents and that has adopted any building code by August 1, 2008. 
Beginning July 1, 2012, the code may be enforced in a municipality that has more than 
2,000 residents and that has not adopted any building code by August 1, 2008. The code 
may be enforced through inspections that comply with the code through any of the 
fo llowing means: 
1. Building officials. Building officials and local code enforcement officers; 
2. Interlocal agreements. Interlocal agreements with other municipalities that share 
the use of building officials certified in building standards pursuant to Title 10, section 
9723; 
3. 
Contractual agreements. 
Contractual agreements with county or regional 
authorities that share the use of building officials certified in building standards pursuant 
to Title 10, section 9723; and 
4. Third-party inspectors. Reports from 3rd-party inspectors certified pursuant to 
Title 10, section 9723 submitted to the building official that are obtained pursuant to 
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independent contractual arrangements between the building owner and 3rd-party 
inspector or the municipality and 3rd-party inspector. 
Each municipality that chooses to enforce the Maine Uniform Building Code shall 
notify the board of its decision to enforce within 60 days of the action of its legislative 
body. The board shall maintain and make publicly available a list of all municipalities for 
which the board has received notification pursuant to this section. 
§2374. Uniform Building Codes and Standards Fund 
The Uniform Building Codes and Standards Fund is established within the 
Department of Public Safety to fund the activities of the bureau under this chapter and the 
activities of the board under Title 10, chapter 1103 and the Executive Department, State 
Planning Office under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is 
provided by the surcharge established by section 2450-A. Any balance of the fund may 
not lapse, but must be carried forward as a continuing account to be expended for the 
same purpose in the following fiscal year.' 
Amend the bill in section 9 in §2450-A in the first paragraph in the 5th line (page 9, 
line 16 in L.D.) by striking out the following: "and Energy" 
Amend the bill in section 9 in §2450-A in the first paragraph in the 6th line (page 9, 
line 17 in L.D.) by striking out the following: "and the activities of the Division" and 
inserting the following: " the activities of the Bureau' 
Amend the bill in section 9 in §2450-A in the first paragraph in the 6th line (page 9, 
line 17 in L.D.) by inserting after the following: "314" the following: 'and the activities 
of the Executive Department, State Planning Office under Title 30-A, section 4451, 
subsection 3-A' 
Amend the bill in section 9 in §2450-A by adding at the end a new indented 
paragraph to read: 
'This section is repealed January 1, 2012.' 
Amend the bill in section lOin subsection 5 in the first line (page 9, line 23 in L.D.) 
by striking out the following: "January" and inserting the following: 'July' 
Amend the bill by inserting after section 12 the following: 
'Sec. 13. 30-A MRSA §4451, sub-§3-A is enacted to read: 
3-A. Training and certification of inspectors in the Maine Uniform Building 
Code. In accordance with the training and certification requirements developed pursuant 
to Title 10, section 9723, the office shall provide the training necessary to certify 
municipal building officials, local code enforcement officers and 3rd-party inspectors.' 
Amend the bill by striking out all of section 13 (page 9, lines 37 and 38, page 10, 
lines 1 to 39 and page 11, lines 1 to 11 in L.D.) and inserting the following: 
'Sec. 13. 30-A MRSA §4452, sub-§5, as amended by PL 2007, c. 112, §§4 to 6, 
is further amended to read: 
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COMMITTEE AMENDMENT,J .. to H.P. 1619, L.D. 2257 
5. 
Application. 
This section applies to the enforcement of land use laws and 
ordinances or rules wlTieh that are administered and enforced primarily at the local level, 
including: 
A. 
The plumbing and subsurface waste water disposal rules adopted by the 
Department of Health and Human Services under Title 22, section 42, including the 
land area of the State wffie.R that is subject to the jurisdiction of the Maine Land Use 
Regulation Commission; 
B. 
Laws pertaining to public water supplies, Title 22, sections 2642, 2647 and 
2648; 
C. 
Local ordinances adopted pursuant to Title 22, section 2642; 
D. 
Laws administered by local health officers pursuant to Title 22, chapters 153 and 
263; 
E. 
Laws pertaining to fire prevention and protection, which require enforcement by 
local officers pursuant to Title 25, chapter 313; 
F. 
Laws pertaining to the construction of public buildings for the physically 
disabled pursuant to Title 25, chapter 331; 
G. 
Local land use ordinances adopted pursuant to section 3001; 
H. Local building codes adopted pursuant to sections 3001 and 3007; 
L Local housing codes adopted pursuant to sections 3001 and 3007; 
J. 
Laws pertaining to junkyards, automobile graveyards and automobile recycling 
businesses and local ordinances regarding junkyards, automobile graveyards and 
automobile recycling businesses, pursuant to chapter 183, subchapter 1 and Title 38, 
section 1665-A, subsection 3~; 
K. 
Local ordinances regarding electrical installations pursuant to chapter 185, 
subchapter H 2.; 
L. 
Local ordinances regarding regulation and inspection of plumbing pursuant to 
chapter 185, subchapter HI l; 
M. 
Local ordinances regarding malfunctioning subsurface waste water disposal 
systems pursuant to section 3428; 
N. 
The subdivision law and local subdivision ordinances adopted pursuant to 
section 3001 and subdivision regulations adopted pursuant to section 4403; 
O. 
Local zoning ordinances adopted pursuant to section 3001 and in accordance 
with section 4352; 
P. 
Wastewater discharge licenses issued pursuant to Title 38, section 353-B; 
Q. 
Shoreland zoning ordinances adopted pursuant to Title 38, sections 435 to 447, 
including those that were state-imposed; 
R. The laws pertaining to harbors in Title 38, chapter 1, subchapter I, local harbor 
ordinances adopted in accordance with Title 38, section 7 and regulations adopted by 
municipal officers pursuant to Title 38, section 2; 
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s. Local ordinances and ordinance provisions regarding storm water, including, but 
not limited to, ordinances and ordinance provisions regulating nonstorm water 
discharges, construction site runoff and postconstruction storm water management, 
enacted as required by the federal Clean Water Act and federal regulations and by 
state permits and rules; aae 
T. Laws pertaining to limitations on construction and excavation near burial sites and 
established cemeteries in Title 13, section 1371-A and local ordinances and 
regulations adopted by municipalities in accordance with this section and section 
3001 regarding those limitations.,.; and 
U. The Maine Uniform Building Code adopted pursuant to Title 10, chapter 1103.' 
Amend the bill by striking out all of section 16 and inserting the following: 
'Sec. 16. 
Adoption of Maine Uniform Building Code. 
The Technical 
Building Codes and Standards Board established by the Maine Revised Statutes, Title 5, 
section 12004-G, subsection 5-A, referred to in this section as "the board," shall adopt the 
Maine Uniform Building Code pursuant to Title 10, section 9722 in accordance with this 
section. 
1. The Maine Uniform Building Code adopted in accordance with Title 10, section 
9722, subsection 6 must be composed of the substance of the following, with 
administrative and other minor changes to customize the codes for Maine: 
A. The 2009 edition of the International Building Code; 
B. The 2009 edition of the International Existing Building Code; and 
C. The 2009 edition of the International Residential Code. 
2. 
Existing state codes and standards, where applicable, must be referenced in 
chapter one of the Maine Uniform Building Code. 
3. The board shall adopt the Maine Uniform Building Code no later than January I, 
2010. 
A. Between January 1,2010 and July 1,2010, building construction and renovation 
projects may utilize either the Maine Uniform Building Code or existing building 
codes adopted by any political subdivision of the State. 
B. The board shall maintain an adoption cycle for future versions of the Maine 
Uniform Building Code that is coordinated with the State Fire Marshal's adoption 
cycle and that does not lapse more than 5 years or one national model code version 
cycle.' 
Amend the bill by striking out all of section 18 (page 12, lines 18 to 24 in L.D.) and 
inserting the following: 
'Sec. 18. 
Report from the Technical Building Codes and Standards 
Board. The Technical Building Codes and Standards Board, established pursuant to 
Title 10, section 9722, shall provide by March 1, 2009 a report to the joint standing 
committee of the Legislature having jurisdiction over business, research and economic 
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development matters regarding the criteria that will be used to develop rules to resolve 
the conflicts between the Maine Uniform Building Code and the fire and life safety codes 
in the Maine Revised Statutes, Title 25, sections 2452 and 2465, pursuant to its authority 
under Title 10, section 9722, subsection 6, paragraph D. The joint standing committee of 
the Legislature having jurisdiction over business, research and economic development 
matters is authorized to submit legislation relating to this criteria to the Second Regular 
Session of the I 24th Legislature. 
Sec. 19. Report on local enforcement from the Technical Building Codes 
and Standards Board. By December I, 20l3, the Technical Building Codes and 
Standards Board, established pursuant to the Maine Revised Statutes, Title 10, section 
9722, shall provide a report to the joint standing committee of the Legislature having 
jurisdiction over business, research and economic development matters regarding the 
status of local enforcement efforts for the Maine Uniform Building Code. The joint 
standing committee of the Legislature having jurisdiction over business, research and 
economic development matters is authorized to submit legislation relating to the Maine 
Uniform Building Code to the First Regular Session of the 1 26th Legislature. 
Sec. 20. Maine Revised Statutes amended; revision clause. Wherever in the 
Maine Revised Statutes, Title 25, sections 2351, 2353, 2357 and 2361 the words 
"inspector of buildings" appear, they are amended to read "building official" and 
wherever in the Maine Revised Statutes the words "building inspector" appear, they are 
amended to read "building official," and the Revisor of Statutes shall implement these 
revisions when updating, publishing or republishing the statutes. 
Sec. 21. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Bureau of Building Codes and Standards Z068 
Initiative: Provides an allocation for 2 new positions and related costs within the newly 
created Bureau of Building Codes and Standards. 
OTHER SPECIAL REVENUE FUNDS 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
2.000 
Personal Services 
$0 
$162,979 
All Other 
$0 
$130,639 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$293,618 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENTJ .. to H.P. 1619, L.D. 2257 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
STATE PLANNING OFFICE 
Planning Office 0082 
2007-08 
2008-09 
$0 
$293,618 
$0 
$293,618 
Initiative: Allocates funds for one Planner II position and general operating expenses 
beginning April 9, 2009 to carry out the purposes of this Act. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
STATE PLANNING OFFICE 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
SECTION TOTALS 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2007-08 
2008-09 
0.000 
1.000 
$0 
$18,175 
$0 
$254 
$0 
$18,429 
2007-08 
2008-09 
$0 
$18,429 
$0 
$18,429 
2007-08 
2008-09 
$0 
$312,047 
$0 
$312,047 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
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SUMMARY 
This amendment is the minority report of the committee. 
1. It establishes the Maine Uniform Building Code and removes references in the 
code to the International Energy Conservation Code and the Maine model radon standard 
for new residential construction set forth in the Maine Revised Statutes, Title 25, section 
2466 and associated rules. 
2. It amends the membership of the Technical Building Codes and Standards Board 
in the Department of Public Safety. 
3. It provides the board with the authority to resolve conflicts only between the 
Maine Uniform Building Code and the fire and life safety codes. 
4. It requires the board to adopt rules in accordance with the Maine Administrative 
Procedure Act necessary to carry out its duties and sunsets the duties of the board in 
January 2012. 
5. It requires the board on December 31st of each calendar year beginning in 20 I 0 to 
report to the joint standing committee of the Legislature having jurisdiction over 
business, research and economic development matters any proposals for proposed 
conflict resolutions for codes and standards referenced in Title lO, section 9725, 
subsections 2 to 7; proposals to improve the efficiency and effectiveness of those codes 
and standards; and alternative methods of funding for the board to create an equitable 
source of revenue. 
6. It changes the establishment of the Division of Building Codes and Standards in 
the Department of Public Safety, instead establishing it as an independent bureau within 
the Department of Public Safety. 
7. It removes mandatory enforcement of the Maine Uniform Building Code and 
provides that municipalities may choose to enforce the Maine Uniform Building Code 
through inspections that comply with the code through any of the following means: 
A. Building officials and local code enforcement officers; 
B. 
Interlocal agreements with other municipalities that share the use of building 
officials certified in building standards pursuant to Title 10, section 9723; 
C. Contractual agreements with county or regional authorities that share the use of 
building officials certified in building standards pursuant to Title 10, section 9723; 
and 
D. Reports from 3rd-party inspectors certified pursuant to Title 10, section 9723 
submitted to the building official that are obtained pursuant to independent 
contractual arrangements between the building owner and 3rd-party inspector or the 
municipality and 3rd-party inspector. 
8. It sunsets the surcharge on plan review fees in January 2012. 
9. It replaces the term "inspector of buildings" with "building official." 
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10. It adds a definition for "3rd-party inspector" and requires the board to develop a 
training program for municipal building officials, local code enforcement officers and 
3rd-party inspectors. 
11. It clarifies that the Executive Department, State Planning Office is responsible 
for implementing the training and certification program established by the board. 
12. It adds an appropriations and allocations section. 
13. It adds a report on local enforcement efforts from the board to the joint standing 
committee of the Legislature having jurisdiction over business, research and economic 
development matters by December 1, 2013. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/08/08 frac:.. 
LD 2257 
LR3523(03) 
An Act To Establish a Uniform Building and Energy Code 
Fiscal Note for Bill as Amended by Committee Amendmen~" 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
Projections 
2009-10 
Appropriations/Allocations 
Other Special Revenue Funds 
$0 
$312,047 
$324,719 
Revenue 
Other Special Revenue Funds 
$0 
$312,400 
$324,800 
Transfers 
Other Special Revenue Funds 
$0 
$18,429 
$78,072 
Fiscal Detail and Notes 
Projections 
2010-11 
$335,694 
$336,000 
$80,468 
This bill establishes a new program, the Bureau of Building Codes and Standards, within the Department of Public 
Safety. The Bureau is charged with providing administrative support and technical assistance to the Technical 
Building Codes and Standards Board, which is established to adopt, amend and maintain the Maine Uniform Building 
Code. The Department of Public Safety will require an Other Special Revenue Funds allocation of$293,618 for a 
Bureau Director and clerical position, technology and other related costs. A Planner II position within the State 
Planning Office is funded by the Bureau and the costs of that position, $18,429 in fiscal year 2008-09, will be 
transferred to the Bureau. The allocation and the transfer of costs from the State Planning Office are funded by a 
surcharge on new construction, reconstruction, repairs, renovations and new use which will be deposited into a newly 
created fund, the Unifonn Building Codes and Standards Fund. It is estimated that this surcharge will result in 
additional Other Special Revenue Funds of $312,400 in fiscal year 2008-09. 
LR3523(03) - Fiscal Note - Page 1 of 1