An Act To Establish a Uniform Building and Energy Code
Maine Legislature, Session 123, LD 2257
Committee: Business, Research and Economic Development
Amends: 5 MRSA §12004-G, 10 MRSA §9707, 25 MRSA §2351, 25 MRSA §2361, 25 MRSA §2450, 25 MRSA §2466, 30-A MRSA §4451, 35-A MRSA §121

Legislative Document 
No. 2257 
H.P.1619 
House of Representatives, March 13, 2008 
An Act To Establish a Uniform Building and Energy Code 
Reported by Representative SMITH of Monmouth for the Joint Standing Committee on 
Business, Research and Economic Development pursuant to Resolve 2007, chapter 46. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed under Joint Rule 218. 
Printed on recycled paper 
11/~ 
/J7.1i!(}£:~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-G, sub-§5-A is enacted to read: 
5-A. 
Building Codes 
and Standards 
Technical 
Building Codes 
and Standards 
Board 
Expenses Only 
Sec. 2. 10 MRSA §9707 is enacted to read: 
§9707. Repeal 
This chapter is repealed January 1, 2010. 
Sec.3. 10 MRSA c. 1103 is enacted to read: 
CHAPTER 1103 
MRSA c. 1103 
MAINE UNIFORM BUILDING AND ENERGY 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 and Energy Code. "Maine Uniform Building and 
Energy Code" means the uniform statewide building and energy 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 12004-G, subsection 5-A and located within the Department of Public 
Safety, is established to adopt, amend and maintain the Maine Uniform Building and 
Energy Code, to resolve conflicts between the Maine Uniform Building and Energy Code 
and other building-related codes and to provide for training for municipal building 
inspectors. 
2. 
Membership. The board consists of II voting members, appointed by the 
Governor: 
A. The State Fire Marshal or a designee; 
B. A fire chief, recommended by the Maine Fire Chiefs' Association or its successor 
organization; 
C. 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; 
D. 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; 
E. A residential builder recommended by a statewide regional association of home 
builders and remodelers; 
F. 
A commercial builder recommended by a statewide association of general 
contractors; 
G. 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; 
H. 
A structural engineer licensed in the State, recommended by a statewide 
association of structural engineers; 
I. 
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; 
J. 
An energy efficiency representative, recommended by the director of the 
Governor's Office of Energy Independence and Security, who is: 
(1) An architect licensed in the State; 
(2) A structural engineer licensed in the State; or 
(3) A builder; and 
K. 
A professional building access specialist experienced with state and federal 
accessibility regulations, recommended by the Maine Human Rights Commission. 
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 a nonvoting ex officio member and as the chair 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 and Energy Code are met and that training 
and technical assistance is provided to municipal building inspectors. 
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. Meetin2;Sj quorum. The board shall meet quarterly and at such other times as the 
board determines necessary. Five voting members of the board constitute a quorum for 
the transaction of business under this chapter. 
6. Duties and powers. In addition to other duties set forth in this chapter, the board 
shall: 
A. Adopt rules necessary to carry out its duties. 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 and Energy Code; 
C. Adopt rules for the review and adoption of amendments to the Maine Uniform 
Building and Energy 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: 
Ca) An identification of the types and an estimate of the number of the small 
businesses subject to the proposed amendment; 
Cb) 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; 
Cc) 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 pumoses of the proposed amendment; 
(3) A process for reviewing and evaluating criteria to identifY whether an 
amendment is needed to: 
Ca) Address a critical life or safety need, a specific state policy or statute or a 
unique character of the State; 
Cb) Ensure consistency with state rules or federal regulations; or 
(c) Correct errors and omissions; 
(4) Timelines governing the filing of amendments, which must require board 
action within 90 days of filing; and 
(5) A process for publication of adopted amendments within 30 days of adoption; 
D. Identify and resolve conflicts between the Maine Uniform Building and Energy 
Code and the codes and standards referenced in section 9725. 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 and Energy Code 
and a request for submission of proposed solutions for such conflicts; 
(2) Procedures for consideration of proposed solutions submitted by the authority 
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or authorities having jurisdiction over the code or standard that is in conflict with 
the Maine Uniform Building and Energy Code and consideration of new 
approaches to resolving the conflict; and 
(3) Publication of resolution of the conflict within 30 days of adoption; 
E. 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 and Energy 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-
I 
cycle costs or code enforcement costs of proposed changes to the code; 
F. In accordance with section 9723, ensure that training and certification regarding 
the Maine Uniform Building and Energy Code is readily available, affordable and 
accessible to municipal building inspectors; and 
G. Make historic preservation a policy priority in the adoption and amendment of the 
Maine Uniform Building and Energy Code. 
(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 of the Maine Uniform Building and Energy Code. 
(2) The board shall proactively identify additional or alternative compliance 
I 
means and methods for historic buildings in the adoption and amendment of the 
Maine Uniform Building and Energy Code. 
§9723. Training and certification 
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 
inspectors. 
2. Training program. The committee shall direct the training coordinator of the 
Division of Building Codes and Standards, established in Title 25, section 2372, to 
develop a training program for municipal building inspectors. 
3. 
Annual review. The committee shall annually review the trammg program 
developed pursuant to subsection 2 to confirm that training courses are regularly offered 
in geographically diverse locations and that training for municipal building inspectors 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. Prior statewide codes and standards. Effective January 1, 2010, the Maine 
Uniform Building and Energy Code adopted pursuant to this chapter replaces, and is 
intended to be the successor to, the Model Energy Code established in Title 35-A, section 
and the Maine model radon standard for new residential construction set forth in Title 
25, section 2466. 
3. Ordinances. Effective January 1, 2010, except as provided in subsection 4 and 
section 9725, any ordinance regarding a building code of any political subdivision of the 
State that is inconsistent with the Maine Uniform Building and Energy Code is void. 
4. Exception. This section does not prohibit the adoption or enforcement of an 
ordinance of any political subdivision regarding a building code that conforms 
substantially with any applicable provision of state law or that sets forth provisions for 
local enforcement of building codes. 
§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 them and the Maine 
Uniform Building and Energy Code. Conflict resolutions adopted pursuant to this chapter 
must also be incorporated into these codes 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 lSI 04-A; and 
7. Elevator standards. Elevator standards adopted pursuant to Title 32, section 
15206. 
Sec. 4. 25 MRSA §2351, as corrected by RR 1995, c. 2, §56, is amended to read: 
§2351. Inspector; compensation; deputy 
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 
inhabitants or less, if such a town so votes at a town meeting, and in each village 
corporation, if such a corporation so votes at the annual meeting thereof, the municipal 
officers shall annually in the month of April appoint an inspector of buildings, who must 
be a person skilled in the construction of buildings certified in building standards 
pursuant to Title 30-A, section 4451, subsection 2-A, paragraph E, and shall determine 
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the inspector's compensation. The municipal officers shall define the limits '.vithin '.vhich 
the inspector of buildings has jurisdiction, '",hich includes the thickly settled portion of 
each such city or of each village in each such city or to't'iB. Whenever the inspector of 
buildings becomes incapacitated, the municipal officers may appoint or authorize the 
inspector of buildings to appoint a deputy inspector of buildings who shall serve until 
removed by the municipal officers, but in no event beyond the term for which the 
inspector of buildings was appointed. The deputy inspector shall perform such duties as 
may be required of the deputy inspector by the inspector. The compensation of the 
deputy inspector is determined by the municipal officers. 
Sec. 5. 25 MRS A §2353 is amended to read: 
§2353. Duty to inspect buildings under construction 
The inspector of buildings shall inspect each new building during the process of 
construction, for compliance with the Maine Uniform Building and Energy Code adopted 
pursuant to Title 10, chapter 1103 and so far as may be necessary, to see that all proper 
safeguards against the catching or spreading of fire are used, that the chimneys and flues 
are made safe and that proper cutoffs are placed between the timbers in the walls and 
floorings where fire would be likely to spread, and may give such directions in writing to 
the owner or contractor, as he deems the inspector considers necessary, concerning the 
construction of soofl the building so as to render the same building safe from the catching 
and spreading offire. 
I 
Sec. 6. 25 MRSA §2361, as enacted by PL 1985, c. 101, is amended to read: 
§2361. Proceedings by municipality 
1. Municipal enforcement. Duly appointed fire chiefs or their designees, municipal 
building inspectors and code enforcement officers may bring a civil action in the name of 
the municipality to enforce any of the state laws, duly promulgated adopted state rules or 
local ordinances enacted pursuant to chapters 313 to 321 this Part and Title 10, chapter 
1103; and 
2. Notice. In any proceeding brought by or against the State wfl..iclt that involves the 
validity of a municipal ordinance, the municipality sflal.I. must be given notice of the 
proceeding and shall be ~ entitled to be made a party to the proceeding and to be heard. 
In any proceeding brought by or against the municipality wfl.i€fl that involves the validity 
of statute, ordinance or regulation, the Attorney General sflal.l must be served and shall be 
made a party to the proceeding and be ~ entitled to be heard. This section shall apply 
applies to enforcement of statutes, rules or ordinances enacted pursuant to chapters 313 to 
ill this Part and Title 10, chapter 1103. 
Sec. 7. 25 MRS A 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 fol1owing meanings. 
1. 
Board. "Board" means the Technical Building Codes and Standards Board 
established in Title 5, section 12004-G, subsection 5-A. 
2. Code. "Code" means the Maine Uniform Building and Energy Code adopted 
pursuant to Title 10, chapter 1103. 
3. Commissioner. "Commissioner" means the Commissioner of Public Safety. 
4. Inspector of buildines. "Inspector of buildings" means an inspector of buildings 
appointed pursuant to section 2351. 
§2372. Division of Buildine Codes and Standards 
1. Established. The Division of Building Codes and Standards is established within 
the Department of Public Safety, Office of the State Fire Marshal 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 Division of 
Building Codes and Standards established under subsection 1, including: 
A. A technical codes coordinator who serves as the 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 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; 
B. A training coordinator, whose duties include the establishment of a program, 
through cooperative agreements with national, regional and state organizations, to 
provide the building inspector training required by the training and certification 
committee appointed by the board pursuant to Title 10, section 9723; and 
C. 
An office specialist to provide administrative support to the technical codes 
coordinator, the training coordinator and the board. 
§2373. Enforcement 
1. Code enforcement. A municipality that is required to have an inspector of 
buildings pursuant to chapter 313 shall enforce the code. Enforcement may be provided 
through interlocal agreements with other municipalities or by contractual agreements 
between municipal, county or regional authorities. Contracts with 3rd-party-certified 
inspectors may be used in place of local code enforcement officers to enforce this 
chapter. 
2. Buildine; inspectors. An inspector of buildings shall review applications, review 
construction documents and issue permits for the erection, alteration, demolition and 
moving of buildings and structures, inspect the premises for which such permits have 
been issued, enforce compliance with the code and issue certificates of occupancy. 
3. 
Reports of inspections. An inspector of buildings may accept reports of 
inspection by agencies or individuals approved by the board. Reports of such inspections 
must be in writing and be certified by a responsible officer of an approved agency or by 
the responsible individual. The inspector of buildings is authorized to engage such expert 
opinion as necessary to report upon unusual technical issues that arise. 
4. Fees. A municipality that is required to have an inspector of buildings pursuant to 
chapter 313 shall establish a schedule of building inspection permit fees sufficient to 
cover the cost of employing an inspector of buildings. 
§2374. Uniform Building Codes and Standards Fund 
The Uniform Building Codes and Standards Fund is established within the 
I 
Department of Public Safety to fund the activities of the Division of Building Codes and 
Standards under this chapter and the activities of the board under Title 10, chapter 1103. 
Revenue for this fund is provided by the surcharge established by section 24S0-A. 
Sec. 8. 25 MRSA §2450, as amended by PL 2003, c. 358, §l, is further amended 
to read: 
§24S0. Examinations by Department of Public Safety 
The Commissioner of Public Safety shall adopt, in accordance with requirements of 
the Maine Administrative Procedure Act, a schedule of fees for the examination of all 
plans for construction, reconstruction or repairs submitted to the Department of Public 
I 
Safety. The fee schedule for new construction or new use is 5¢ per square foot for 
occupied spaces and 2¢ per square foot for bulk storage occupancies, except that a fee for 
review of a plan for new construction by a public school may not exceed $450. The fee 
schedule for reconstruction, repairs or renovations is based on the cost of the project and 
may not exceed $450, except as provided in section 2450-A. The fees must be credited to 
a special revenue account to defray expenses in carrying out this section. Any balance of 
the fees may not lapse, but must be carried forward as a continuing account to be 
expended for the same purpose in the following fiscal years. 
Sec. 9. 25 MRS A §2450-A is enacted to read: 
§2450-A. Surcharge on plan review fee for Uniform Building Codes and Standards 
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Fund 
In addition to the fees established in section 2450, a surcharge of 4¢ per square foot 
of occupied space must be levied on the existing fee schedule for new construction, 
reconstruction, repairs, renovations or new use for the sole purpose of funding the 
activities of the Technical Building Codes and Standards Board with respect to the Maine 
Uniform Building and Energy Code, established pursuant to the Title 10, chapter 1103 
and the activities of the Division of Building Codes and Standards under chapter 314, 
except that the fee for review of a plan for the renovation of a public school, including the 
fee established under section 2450, may not exceed $450. Revenue collected from this 
surcharge must be deposited into the Uniform Building Codes and Standards Fund 
established by section 2374. 
Sec. 10. 25 MRSA §2466, sub-§5 is enacted to read: 
5. Repeal. This section is repealed January 1, 2010. 
Sec. 11. 30-A MRSA §4451, sub-§2-A, ~, as enacted by PL 1991, c. 163, is 
amended to read: 
E. 
Building standards under chapter 141; chapter 185, subchapter I I; beginning 
January 1, 2010, Title 10, chapter 1103; and Title 25, chapters 313 and 331. 
Sec. 12. 30-A MRSA §4451, sub-§3, as amended by PL 1997, c. 296, §7 and PL 
2003, c. 20, Pt. 00, §2 and affected by §4 and amended by c. 689, Pt. B, §6, is further 
amended to read: 
I 
3. Training and certification of code enforcement officers. In cooperation with 
the Maine Community College System, the Department of Environmental Protection atl6, 
the Department of Health and Human Services and the Department of Public Safety, the 
office shall establish a continuing education program for individuals engaged in code 
enforcement. This program must provide basic and advanced training in the technical 
and legal aspects of code enforcement necessary for certification. 
Sec. 13. 30-A MRS A §4452, sub-§5, as amended by PL 2007, c. 112, §§4 to 6, 
is further amended to read: 
5. 
Application. This section applies to the enforcement of land use laws and 
ordinances or rules wffi€,fl 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 wffi€,fl 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; 
I. 
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 II 2.; 
L. 
Local ordinances regarding regulation and inspection of plumbing pursuant to 
chapter 185, subchapter 1111; 
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 1, local harbor 
ordinances adopted in accordance with Title 38, section 7 and regulations adopted by 
municipal officers pursuant to Title 38, section 2; 
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; aOO 
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 and Energy Code, adopted pursuant to Title 10, 
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chapter 1103. 
Sec. 14. 35-A MRSA §121, sub-§3 is enacted to read: 
3. Repeal. This section is repealed January 1,2010. 
Sec. 15. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 10, 
section 9722, subsection 4, initial appointments made to the Technical Building Codes 
and Standards Board are as set out in this section. 
I. The appointments made under Title 10, section 9722, subsection 2, paragraphs S, 
E, Hand K are for a term of 2 years. 
2. The appointments made under Title 10, section 9722, subsection 2, paragraphs C, 
F and I are for a term of 3 years. 
Sec. 16. Adoption of Maine Uniform Building and Energy 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 and Energy Code pursuant to Title 10, 
section 9722, in accordance with this section. 
1. The Maine Uniform Building and Energy 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 version of the International Building Code; 
B. The 2009 version of the International Existing Building Code; 
C. The 2009 version of the International Residential Code; 
O. The 2009 version of the International Energy Conservation Code; 
E. The model building energy code adopted pursuant to Title 35-A, section 121 and 
set forth in Title 10, sections 1415-C and 1415-0 and associated rules; and 
F. The Maine model radon standard for new residential construction set forth in Title 
25, section 2466 and associated rules. 
I 
2. Existing state codes and standards, where applicable, must be referenced in chapter 
one of the Maine Uniform Building and Energy Code. 
3. The board shall adopt the Maine Uniform Building and Energy Code no later than 
June 1,2009. 
A. Between June 1, 2009 and December 31, 2009, building construction and 
renovation projects may utilize either the Maine Uniform Building and Energy Code 
or existing building and energy 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 and Energy Code that is coordinated with the State Fire Marshal's 
II 
adoption cycle and that does not lapse more than 5 years or one national model code 
version cycle. 
Sec. 17. 
Appointments; convening of Technical Building Codes and 
Standards Board. The Governor shall make the appointments pursuant to the Maine 
Revised Statutes, Title 10, section 9722 subsection 2 in sufficient time for the Governor 
to convene the first meeting of the Technical Building Codes and Standards Board by 
November I, 2008. 
Sec. 18. 
Staggered effective date for enforcement of Maine Uniform 
Building and Energy Code. A municipality that has more than 2,000 residents that 
has adopted any building code by August 1, 2008 shall begin enforcement of the Maine 
Uniform Building and Energy Code adopted pursuant to the Maine Revised Statutes, 
Title 10, chapter 1103 by June 1,2010. Any municipality with more than 2,000 residents 
that has not adopted any building code by August 1, 2008 shall begin enforcement of 
Maine Uniform Building and Energy Code by January 1,2012. 
SUMMARY 
This bill defines a uniform statewide building and energy code, known as the Maine 
Uniform Building and Energy Code, that will replace all building and energy codes 
adopted by state agencies and municipalities. 
It establishes the Technical Building Codes and Standards Board in the Department 
of Public Safety, which will amend, update and adopt the code. The board will also 
I 
identify and resolve contlicts between the code and other building-related codes, publish 
contlict resolutions on the Internet within 30 days, establish a process for considering 
amendments suggested by municipalities and citizens and ensure that training and 
certification for municipal building inspectors is readily available, affordable and 
accessible. The board may appoint technical advisory groups to make recommendations 
on specific code issues. 
It establishes the Division of Building Codes and Standards in the Department of 
Public Safety in the Office of the State Fire Marshal to provide administrative and 
technical support. The division will include a technical codes coordinator to provide 
technical support to the board, a training coordinator to establish a training program for 
building inspectors and an office specialist to provide administrative support for the board 
and division staff. 
Enforcement of the code will be carried out by local building inspectors in 
municipalities of more than 2,000 residents, and these municipalities are considered the 
authority having jurisdiction over matters of local code enforcement. Enforcement of the 
code in municipalities with fewer than 2,000 residents is optional. 
Funding for the board, the division and training expenses for building inspectors will 
be provided from a surcharge on fire and life safety code plan review fees through the 
Office of State Fire Marshal and standards plan reviews for commercial and public 
buildings. All funding is to be deposited into a Department of Public Safety dedicated 
revenue fund called the Uniform Building Codes and Standards Fund.