An Act To Clarify the Maine Uniform Building and Energy Code
Maine Legislature, Session 124, LD 0652
Committee: Business, Research and Economic Development
Sponsors: GILES, MacDONALD, STRANG BURGESS, THIBODEAU
Amends: 10 MRSA §9724

Legislative Document 
No. 652 
H.P.466 
House of Representatives, February'19, 2009 
,An Act To Clarify the Maine Uniform Building and Energy Code 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed, 
Presented by Representative GILES of Belfast. 
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111: 71lac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: MacDONALD of Boothbay, STRANG BURGESS of 
Cumberland, THIBODEAU of Winterport. 
Printed un recycled p~pel' 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 10 MRSA §9724, sub-§3, as enacted by PL 2007, c. 699, §6, is amended 
to read: 
3. 
Ordinances. Effective July I, 20 10, 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. 
For purposes of this subsection, a local ordinance is not inconsistent with the Maine 
Uniform Building and Energy Code if the local ordinance implements a provision of a 
national code upon which the Maine Uniform Building and Energy Code is based as set 
forth in Public Law 2007, chapter 699, section 21 that is not included in the Maine 
Uniform Building and Energy Code. 
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Sec. 2. 25 MRS A §2353, as amended by PL 2007, c. 699,§8 and affected by §26, 
is further amended to read: 
§2353. Duty to inspect buildings under constmction 
+he Unless· the municipality is enforcing the Maine Uniform Building and Energy 
Code by means of 3rd-party inspectors pursuant to section 2373, subsection 4, the 
inspector of buildings shall inspect each 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 the inspector considers necessary concerning the construction of the 
building so as to render the building safe from the catching and spreading of fire. 
Sec. 3. 25 MRS A §2357, as amended by PL 2007, c. 699, §9 and affected by §26, 
is further amended to read: 
§2357. No occupancy without certificate; appeal 
Subject to the provisions of Title 10, chapter 951, a building may not be occupied 
until'the inspector of bl,lildings 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 building has been built 
in accordance with section 2353, and so as to be safe from fire. 
The inspector of 
buildings may issue the certificate of occupancy upon receipt of an inspection report by a 
certified 3rd-party inspector pursuant to section 2373, subsection 4. The municipality has 
no obligation to review a report from' a 3rd-party inspector for accuracy prior to issuing 
the certificate of occupancy. 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 
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section has been complied with, the owner of the building is not liable to a fine for want 
of the certificate of the inspector. 
Sec. 4. PL 2007, c. 699, §27 is amended to read: 
Sec. 27. 
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;Hme July 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 the Maine Unifonn Building and Energy Code by January 1, 2012. 
The Executive Department, State Planning Office shall publish a list by January 1, 
2010 of municipalities that must begin enforcement of the Maine Unifonn Building and 
Energy Code by July 1, 2010. This list constitutes [mal agency action. For purposes of 
this section, a life safety or fire code is not considered a building code. 
Sec. 5. Review. The Teclmical Building Codes and Standards Board under the 
Maine Revised Statutes, Title 10, section 9722 shall review issues regarding 3rd-party 
inspectors and inspections, including, but not limited to, tort claims protection, and make 
any recommendations for changes to the law, including any necessary implementing 
legislation, to the Joint Standing Committee on Business, Research and Economic 
Development no later than February 1, 2010. 
Sec. 6. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 25, sections 2353 and 2357 take effect July 1, 2010.· 
SUMMARY 
This bill amends the law goveming the Maine Unifonn Building and Energy Code. 
1. It specifically provides that a local ordinance is not inconsistent with the Maine 
Uniform Building and Energy Code if the local ordinance implements a provision of one 
of the national codes upon which the Maine Unifonn Building and Energy Code was 
based, but that was not included in the Maine Unifonn Building and Energy Code. 
2. 
It specifically exempts municipalities that are enforcing the Maine Unifonn 
Building and Energy Code through 3rd-party inspections pursuant to the Maine Revised 
Statutes, Title 25, section 2373 from the provision of law requiring the inspector of 
buildings to inspect construction for compliance with the Maine UnifonnBuilding and 
Energy Code. 
3. It specifies that the i.nspector of buildings may issue a certificate of occupancy 
upon receipt of an inspection report by a certified 3rd-party inspector and that the 
municipality is not obligated to review such a report for accuracy. 
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4. It changes from June 1,2010 to July 1,2010 the date by which a municipality that 
has adopted a building code by August 1, 2008 must begin enforcement of the Maine 
Uniform Building and Energy Code. 
5. It requires the Executive Department, State Planning Office to publish a list by' 
January 1, 2010 of those municipalities that must begin enforcement of the Maine 
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Uniform Building and Energy Code by July 1, 2010. 
6. It specifies that, for purposes of determining an enfofC(~:ment date, life safety and 
fire' codes are not considered building codes. 
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7. It directs the Technical Building Codes and Standards Board to review issues 
regarding the 3rd-party inspector concept and make any recommendations that will 
enhance the viability of this enforcement option. 
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