An Act To Establish a Uniform Building and Energy Code II
Maine Legislature, Session 123, LD 2257
Committee Amendment CA_A_H983 (House)
Amends: 10 MRSA §1415-C, 10 MRSA §1415-D, 10 MRSA §1420, 25 MRSA §2351, 25 MRSA §2357, 30-A MRSA §4451

COMMITTEE AMENDMENT ··A" to H.P. 1619, L.D. 2257, Bill, "An Act To 
Establish a Uniform Building and Energy Code" 
II 
Amend the bill by inserting after section I the following: 
·Sec.2. 10 MRSA §1415-C, sub-§7 is enacted to read: 
7. Repeal. This section is repealed July I, 2010. 
Sec.3. 10 MRSA §1415-D, sub-§2 is enacted to read: 
2. Repeal. This section is repealed July I, 20 I O. 
Sec. 4. 10 MRSA §1420, sub-§4 is enacted to read: 
4. Repeal. This section is repealed July 1,2010.' 
Amend the bill in section 2 in §9707 in the first paragraph in the first line (page 1, 
line 10 in L.D.) by striking out the following: 
"Januarv" and inserting the following: 
'.!t!!y' 
Amend the bill in section 3 by striking out all of §§9722, 9723 and 9724 and inserting 
the following: 
·§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 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-partv 
inspectors. 
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COMMITTEE AMENDMENT .. A" to H.P. 1619, L.D. 2257 
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 municipalitv that is not a 
service center community under Title 30-A. chapter 187, recommended by the Maine 
Municipal Association or its successor organization; 
Co A municipal code enforcement officer employed by a service center community 
under Title 30-A, chapter 187, recommended bv the Maine Service Centers Coalition 
or its successor organization; 
D. 
A residential builder recommended bv 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 111 the State, recommended by a statewide 
association of structural engineers; 
H. 
A historic preservation representative, recommended bv 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: 
(I) 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. 
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. 
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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 and Energy 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. 
6. 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 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 amendmcnt 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 bv 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 ofthc rcport or rccord; 
(c) A brief statement of the probable impact on affected small businesses; 
and 
Cd) A description of any less intrusive or less costly, reasonable alternative 
methods of achieving the purposes of the proposed amendment; 
(3) A process for reviewing and evaluating criteria to identify whether an 
amendment is needed to: 
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(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 and Energy 
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) Notificatio.n to the authority or authorities having jurisdiction over the code 
or standard that is in contlict 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 or authorities having jurisdiction over the code or standard that is in 
conflict with the Maine Unifonn Building and Energy Code and consideration of 
new approaches to resolving the contlict; 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 and Energy Code, national model codes 
revisions and contlict resolution with other building-related codes and standards 
adopted in the State. The board may direct the technical advisory groups to identity 
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 and Energy Code is readily available, affordable and 
accessible to municipal building officials; 
H. Make historic preservation a policy priority in the adoption and amendment of the 
Maine Uniform Building and Energy Code. 
(I) 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. 
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(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 and Energy Code; and 
I. 
Approve methods of energy performance rating for use in generating any 
consumer information labels that may be required in the marketing and sale of 
residential and commercial buildings or units within buildings. 
§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. Beginning .Iuly 1,2010, the Maine Uniform Building 
and Energy Code must be enforced in a municipality that has more than 2,000 residents 
and that has adopted any building code by August I, 2008. Beginning .Iuly 1, 2012, the 
Maine Uniform Building and Energy Code must 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 Maine Uniform Building and Energy Code must be enforced through inspections that 
comply with Title 25, section 2373. 
2. 
Prior statewide codes and standards. 
Effective July 1. 20 I 0, 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 July 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 that sets forth provisions for local enforcement of 
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COMMITTEE AMENDMENT "R" to H.P. 1619, L.D. 2257 
building codes. The requirements of the Maine Uniform Building and Energy Code do 
not apply to log homes or manufactured housing as defined in chapter 951.' 
Amend the bill in section 3 in §9725 by striking out all of the first paragraph (page 5, 
lines 21 to 24 in L.D.) and inserting the following: 
'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 and Energy Code. Conflict resolutions 
adopted pursuant to this chapter must also be incorporated into the fire and safety codes 
and standards bv the appropriate authorities:' 
Amend the bill by striking out all of sections 4 and 5 and inserting the following: 
'Sec. 4. 25 MRSA §2351, as corrected by RR 1995, c. 2, §56, is amended to read: 
§2351. Inspector of buildings; 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 constfl:lctioH of buildiHgs certified in building standards 
pursuant to Title 30-A, section 4451, subsection 2-A, paragraph E, and shall determine 
the inspector's compensation. The municipal officers shall define the limits 'Nithin which 
the iHspector of buildings has jurisdiction, which includes the thickly settled portioR of 
each such city or of each village iH each such city or tOWI1. 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 5tIffi the building so as to render the same building safe from the catching 
and spreading of fire.' 
Amend the bill by inserting after section 5 the following: 
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COMM ITTH AM I:N [)M ENT "A "to H. P. 1619, L.D. "" 
'Sec. 6. 25 MRSA §2357, as amended by PL 1999, c. 725, §5, is further amended 
to read: 
§2357. No occupancy without certificate; appeal 
Subject to the provisions of Title 10, chapter 951, a fleW building may not be 
occupied until the inspector of buildings has given a certificate of occupancy for 
compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 
10, chapter 1103, pursuant to the required inspections in section 2373 that the same 
building has been built in accordance with section 2353, and so as to be safe from fire. If 
the owner permits it to be so occupied without such certificate, the owner must be 
penalized in accordance with Title 30-A, section 4452. In case the inspector of buildings 
for any cause declines to give that certificate and the builder has in the builder's own 
judgment complied with section 2353, an appeal may be taken to the municipal officers 
and, if on such appeal it is decided by them that the section has been complied with, the 
owner of the building is not liable to a fine for want of the certificate of the inspector.' 
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 and Energy 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 anv 
building for which the 3rd-party inspector issues an inspection report pursuant to section 
2373 and may not be appointed as a building official. 
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§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 ofthe 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 I, 2010, the code must be enforced in a municipality that has more 
than 2,000 residents and that has adopted any building code by August I, 2008. 
Beginning July 1, 2012, the code must 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 
must be enforced through inspections that comply with the code through any of the 
following 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 prior to obtaining a certificate of 
occupancy in section 2357 that are obtained pursuant to independent contractual 
arrangements between the building owner and 3rd-party inspector or the municipality and 
3rd-party inspector. 
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§2374. Uniform Building Codes and Standards Fund 
The Uniform Building Codes and Standards Fund is established within the 
Department of Pub1 ic 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 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: "ill" 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 lOin subsection 5 in the first line (page 9, line 23 in L.D.) 
by striking out the following: "January" and inserting the following: "l!!J.y" 
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 and 
Energy 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 16 and inseliing the following: 
'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 Encrgy 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, suhsection 6 must he 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; 
C. The 2009 edition of the International Residential Code; 
D. The 2009 edition of the International Energy Conservation Code; 
E. The ASHRAE Standards 62.1, 62.2 and 90.1: and 
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F. The Maine model radon standard for new residential construction set forth in Title 
25, section 2466 and associated rules. 
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 
January 1, 2010. 
A. Between January 1, 20 10 and July I, 2010, 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 
adoption cycle and that does not lapse more than 5 years or one national model code 
version cycle.' 
Amend the bill by inserting after section 17 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 
development matters regarding the criteria that will be used to develop rules to resolve 
the conflicts between the Maine Uniform Building and Energy 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 Regu lar Session of the 124th Legislature. 
Sec. 19. 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. 20. 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. 
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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 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2007-08 
2008-09 
OTHER SPECIAL REVENUE FUNDS 
$0 
$293,618 
DEPARTMENT TOTAL - ALL FUNDS 
$0 
$293,618 
STATE PLANNING OFFICE 
Planning Office 0082 
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 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$18,175 
All Other 
$0 
$254 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$18,429 
STATE PLANNING OFFICE 
DEPARTMENT TOTALS 
2007-08 
2008-09 
OTHER SPECIAL REVENUE FUNDS 
$0 
$18,429 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$18,429 
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. to H.P. 1619, L.D. 2257 
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2007-08 
2008-09 
OTHER SPECIAL REVENUE FUNDS 
$0 
$312,047 
SECTION TOTAL - ALL FUNDS 
$0 
$312,047 
Sec. 21. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 25, sections 2351,2353,2357 and 2361 take effect July 1,20 I 0.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
II 
This amendment is the majority report of the committee. 
I. It amends the membership of the Technical Building Codes and Standards Board 
in the Department of Public Safety. 
2. 
It provides the board with the authority to resolve conflicts only between the 
Maine Uniform Building and Energy Code and the fire and life safety codes. 
3. It requires the board to adopt rules in accordance with the Maine Administrative 
Procedure Act necessary to carry out its duties. 
4. It requires the board on December 3 I st 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 the Maine Revised Statutes, 
Title 10, section 9725, subsections 2 to 7; proposals to improve the efficiency and 
effectiveness of those codes and standards; and altemative methods of funding for the 
board to create an equitable source of revenue. 
5. 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. 
6. 
It amends the energy efficiency building standards laws to incorporate the 
standards of the Maine Uniform Building and Energy Code. 
7. It provides that, beginning July 1,2010, the Maine Uniform Building and Energy 
Code must be enforced in a municipality that has more than 2,000 residents and that has 
adopted any building code by August I, 2008. 
Beginning July 1, 2012, the Maine 
Uniform Building and Energy Code must be enforced in a municipality that has more 
than 2,000 residents and that has not adopted any building code by August 1, 2008. It 
provides that the Maine Uniform Building and Energy Code be enforced through 
inspections that comply with the code through any of the following means: 
A. Municipally appointed building officials and local code enforcement officers; 
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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 prior to obtaining a certificate of occupancy in Title 
25, section 2357 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 replaces the term "inspector of buildings" with "building officia1." 
9. 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. 
10. It clarifies that the Executive Department, State Planning Office is responsible 
for implementing the training and certification program established by the board. 
II. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/08/08 Mac:.. 
LD 2257 
LR 3523(02) 
An Act To Establish a Uniform Building and Energy Code 
Fiscal Note for Bill as Amended by Committee Amendment ,,~ " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
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 
Projections 
2010-11 
$335,694 
$336,000 
$80,468 
State Mandates 
Required Activity 
Unit Affected 
Costs 
Requiring municipalities that have more than 2000 residents to enforce the Maine 
Uniform Building and Energy Code is a state mandate pursuant to the Maine 
Constitution. 
Fiscal Detail and Notes 
Municipal ity 
Insignificant 
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 
and Energy Code. The Depmtment 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 UnifollTI Building Codes and Standards Fund. It is estimated that the surcharge will result in 
additional Other Special Revenue Funds of $312,400 in fiscal year 2008-09. 
LR3523(02) - Fisc<li Note - P<lge 1 of 1