An Act To Clarify the Maine Uniform Building and Energy Code
Maine Legislature, Session 124, LD 0652
Committee Amendment CA_A_H301 (House)
Amends: 10 MRSA §141, 10 MRSA §9707, 10 MRSA §9721, 10 MRSA §9724, 25 MRSA §2353, 25 MRSA §2357, 25 MRSA §2466, 30-A MRSA §4451, 25 MRSA §2351, 25 MRSA §2351-A, 25 MRSA §2352, 25 MRSA §2353-A, 25 MRSA §2354, 25 MRSA §2356, 25 MRSA §2357-A, 25 MRSA §2358, 25 MRSA §2359, 25 MRSA §2360, 25 MRSA §2361, 30-A MRSA §7060, 33 MRSA §592

COMMITTEE AMENDMENT "R " to H.P. 466, L.D. 652, Bill, "An Act To 
Clarify the Maine Uniform Building and Energy Code" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 10 MRSA §141S-C, sub-§7, as enacted by PL 2007, c. 699, §2, is 
amended to read: 
' 
7. Repeal. This section is repealed JtHy December I, 20 I O. 
Sec. A-2. 10 MRSA §141S-D, sub-§2, as enacted by PL 2007, c. 699, §3, is 
amended to read: 
2. Repeal. This section is repealed JtHy December 1,20 I O. 
Sec. A-3. 
MRS A §1420, sub-§4, as enacted by PL 2007, c. 699, §4, IS 
amended to read: 
4. Repeal. This section is repealed JtHy December 1,20 I O. 
Sec. A-4. 10 MRSA §9707, as enacted by PL 2007, c. 699, §5, is amended to 
read: 
§9707. Repeal 
This chapter is repealed JtHy December 1,2010. 
Sec. A-S. 10 MRSA §9721, sub-§I-A is enacted to read: 
I-A. Building code. "Building code" means any part or portion of any edition of a 
code that regulates the construction of a building, including codes published by the 
International Code Councilor Building Officials and Code Administrators International, 
Inc., or the Maine Model Building Code or the International Existing Building Code 
Page I - 124LRIl46(02)-1 
COMMITTEE AMENDMENT 
- ~, 
<t(f,~ .. 
COMMITTEE AMENDMENT"~" to H.P. 466, L.D. 652 
adopted pursuant to Title 10, section 9702, but does not include the fire and life safety 
codes in Title 25, section 2452. 
Sec. A-6. 10 MRS A §9722, sub-§6, ~, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
E. On December January 31 st of each calendar year beginning in ~ 
2011, 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; 
Sec. A-7. 
MRSA §9724, sub-§I, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
1. Limitations on home rule authority. This chapter provides express limitations 
on municipal home rule authority. Beginning J.u.Iy December 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 I, 
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 
I, 2008. 
The Maine Uniform Building and Energy Code must be enforced through 
inspections that comply with Title 25, section 2373. 
Sec. A-S. 
MRSA §9724, sub-§2, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
2. Prior statewide codes and standards. Effective J.u.Iy December I, 20 10, 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 121 and the Maine model radon standard for new residential construction set forth 
in Title 25, section 2466. 
Sec. A-9. 
MRSA §9724, sub-§3, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
3. Ordinances. Effective J.u.Iy December 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. 
Sec. A-I0. 25 MRSA §2353, as amended by PL 2007, c. 699, §8 and affected by 
§26, is repealed and the following enacted in its place: 
§2353. Duty to inspect buildings under construction 
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 building 
official shall inspect each new building during the process of construction, so far as may 
be necessary, to see that all proper safeguards against the catching or spreading offire 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 
COMMITTEE AMENDMENT 
y 
') 
') 
, 
~. 
'''~~V 
() 
"-, ~. 
n 
COMMllTEE AMENDMENT ,A "to H.P. 466, L.D. 652 
may give such directions in writing to the owner or contractor as the building official 
considers necessary concerning the construction of such building so as to render the same 
safe from the catching and spreading of fire. 
This section is repealed December I, 2010. 
Sec. A-11. 25 MRSA §2357, as amended by PL 1999, c. 725, §5 and PL 2007, c. 
699, §9 and affected by §26, is repealed and the following enacted in its place: 
§2357. No occupancy without certificate; appeal 
Subject to the provisions of Title 10, chapter 951, a new building may not be 
occupied until the building official has given a certificate that the same 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 building official 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 building official. 
This section is repealed December I, 2010. 
Sec. A-12. 25 MRS A §2373, first 'TI, as enacted by PL 2007, c. 699, § 11, is 
amended to read: 
Beginning Ja.ly December 1, 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: 
Sec. A-l3. 25 MRSA §2466, sub-§5, as enacted by PL 2007, c. 699, § 14, is 
amended to read: 
5. Repeal. Th is section is repealed Ja.ly Decem ber 1, 2010. 
Sec. A-14. 30-A MRSA §4451, sub-§2-A, 'TIE, as amended by PL 2007, c. 699, 
§ 15, is further amended to read: 
E. 
Building standards under chapter 141; chapter 185, subchapter 1; beginning 
Januarv June 1, 2010, Title 10, chapter 1103; and Title 25, chapters 3 13 and 33 1. 
Sec. A-IS. 35-A MRS A §121, sub-§3, as enacted by PL 2007, c. 699, § I 9, is 
amended to read: 
3. Repeal. This section is repealed January December 1,2010. 
Sec. A-16. PL 2007, c. 699, §21, sub-§3 is amended to read: 
COMMITTEE AMENDMENT 
~,,:-
" 
COMMITTEE AMENDMENT "A" to H.P. 466, L.D. 652 
3. The board shall adopt the Maine Uniform Building and Energy Code no later than 
January June 1,2010. 
A. Between January June 1, 2010 and J-u-Iy December 1, 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. 
Sec. A-17. 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 J-uoo December 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 Uniform Building and Energy Code by January 1,2012. 
Sec. A-IS. Resolve 2007, c. 219, §1 is amended to read: 
Sec. 1. Study. Resolved: That the Department of Professional and Financial 
Regulation shall study the issue of residential contractor licensing. The department shall 
include in its study a review of the various building and energy codes in existence 
throughout the State. The department shall report its recommendations for residential 
contractor licensing to the joint standing committee of the Legislature having jurisdiction 
over business, research and economic development matters no later than Janual)' 4, 
December 1, 2010. The joint standing committee of the Legislature having jurisdiction 
over business, research and economic development matters may submit legislation 
regarding residential contractor licensing to the Second First Regular Session of the ~ 
125th Legislature. 
Sec. A-19. 
Review. The Technical Building Codes and Standards Board 
established 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 December 1, 20 I O. 
Sec. A-20. Retroactivity. That section of this Act that amends Public Law 2007, 
chapter 699, section 23 applies retroactively to March 1, 2009. 
PARTB 
Sec. B-1. 25 MRSA §2351, as corrected by RR 1995, c. 2, §56 and amended by 
PL 2007, c. 699, §7 and affected by §26, is repealed and the following enacted in its 
place: 
COMMITTEE AMENDMENT 
,) 
.') 
.' 
) 
~ 
, 
J~~' 
~~' 
rr~:: 
( 
'\ 
' 
/ 
COMMITTEE AMENDMENT "4 "to H.P. 466, L.D. 652 
§2351. Building official; compensation; jurisdiction; 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 of the corporation, the 
municipal officers shall annually in the month of April appoint a building official, who 
must be a person skilled in the construction of buildings, and shall determine the building 
official's compensation. The municipal officers shaIl define the limits within which the 
building official has jurisdiction, which includes the thickly settled portion of each such 
city or of each village in each such city or town. Whenever the building official becomes 
incapacitated, the municipal officers may appoint or authorize the building official to 
appoint a deputy building official, who shaIl serve until removed by the municipal 
officers, but in no event beyond the term for which the building official was appointed. 
The deputy building official shaIl perform such duties as may be required of the deputy 
building official by the building official. 
The compensation of the deputy building 
official is determined by the municipal officers. 
This section is repealed December 1, 20 10. 
Sec. B-2. 25 MRSA §2351-A is enacted to read: 
§2351-A. Building official; 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 viIlage 
corporation, if such a corporation so votes at the annual meeting of the corporation, the 
municipal officers shall annually in the month of April appoint a building official, who 
must be a person certified in building standards pursuant to Title 30-A, section 4451, 
subsection 2-A, paragraph E, and shall determine the building official's compensation. 
Whenever the building official becomes incapacitated, the municipal officers may 
appoint or authorize the building official to appoint a deputy building official, who shall 
serve until removed by the municipal officers, but in no event beyond the term for which 
the building official was appointed. The deputy building official shalI perform such 
duties as may be required of the deputy building official by the building official. The 
compensation of the deputy building official is determined by the municipal officers. 
This section takes effect December 1, 2010. 
Sec. B-3. 25 MRSA §2352, as amended by PL 1975, c. 623, §34, is further 
amended to read: 
§2352. Right to enter buildings 
An inspector of buildings A building official in the performance of fl.i.s the building 
official's official duty may enter any building for the purpose of making the inspection 
required by chapters 313 to 32l. 
Sec. B-4. 25 MRSA §2353-A is enacted to read: 
§2353-A. Duty to inspect buildings under construction 
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 building 
COMMITTEE AMENDMENT 
'@ 
~ 
.. i$~~ 
-\.~. 
I 
I I 
COMMITIEE AMENDMENT"~ " to H.P. 466, L.D. 652 
official 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 
building official considers necessary concerning the construction of the building so as to 
render the building safe from the catching and spreading of fire. 
This section takes effect December I, 2010. 
Sec. B-5. 25 MRSA §2354, as amended by PL 1991, c. 714, §6, is further 
amended to read: 
§2354. Inspection of buildings being repaired 
Subject to Title 32, chapter 33, the inspector of buildings building official shall 
inspect all buildings while in process of being repaired and see that all reasonable 
safeguards are used against the catching and spreading of fire and that the chimneys and 
flues are made safe. The inspector building official may give directions in writing to the 
owner as necessary concerning such repairs to render the building safe from the catching 
and spreading of fire. 
Sec. B-6. 25 MRSA §2356 is amended to read: 
§2356. Appeals 
An appeal in writing may be taken from any order or direction of the inspector of 
buildinlls building official to the municipal officers, whose order thereon shall be ~ final. 
Sec. B-7. 25 MRSA §2357-A is enacted to read: 
§2357-A. No occupancy without certificate; appeal 
Subject to the provisions of Title 10, chapter 951, a building may not be occupied 
until the building official 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-A, 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 building official for any cause declines to give that certificate and the builder has 
in the builder's own judgment complied with section 2353-A, 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 building official. 
This section takes effect December 1,2010. 
COMMITTEE AMENDMENT 
0) 
') 
.) 
<a~ 
~~\"f 
(") 
( 
COMMITTEE AMENDMENT "A " 
to H.P. 466, L.D. 652 
Sec. B-8. 25 MRSA §2358, as amended by PL 1989, c. 502, Pt. A, § 102, is 
further amended to read: 
§2358. Failure to comply with order of building official 
If the owner of any building neglects or refuses for more than 30 days to comply with 
any direction of the inspector of buildings building official concerning the repairs on any 
building as provided in section 2354, the owner sflaU must be penalized in accordance 
with Title 30-A, section 4452. 
Sec. B-9. 25 MRSA §2359, as repealed and replaced by PL 1995, c. 462, Pt. A, 
§48, is amended to read: 
§2359. Refusing admission to building official 
An owner or occupant of a building, who refuses to permit an inspector of buildings £! 
building official to enter the buildings building or willfully obstructs the inspector 
building official in the inspection of s-ueIt the building as required by chapters 313 to 321, 
must be penalized in accordance with Title 30-A, section 4452. 
Sec. B-10. 25 MRSA §2360, as amended by PL 1987, c. 35, §3, is further 
amended to read: 
§2360. Authority to enter buildings; remedy of conditions appeals 
The inspector of buildings building official, the fire inspector and the municipal 
officers of any city or town may at all reasonable hours, for the purpose of examination, 
enter into and upon all buildings and premises within their jurisdiction. Whenever any of 
said those officers s1taI-I- find in any building or upon any premises combustible material, 
inflammable conditions or heating fixtures or apparatus so situated or constructed as to be 
dangerous to the safety of such buildings or premises, they shall order the same to be 
removed or remedied, and such order sflal-I. must be forthwith complied with by the owner 
or occupant of said those buildings or premises. If the said An owner or occupant sflal-I. 
deem himself aggrieved by such order when made by the inspector of buildings building 
official or the fire inspector,--fle may within 24 hours appeal to the municipal officers, and 
the cause of the complaint sflal-I. must be at once investigated by the direction of the latter 
and, unless by their authority tfle that order above named is revoked, s-ueIt that order sflaU 
remain remains in force and must be forthwith complied with by said the owner or 
occupant. The inspector of buildings building official, the fire inspector or the municipal 
officers shall make, or cause to be made, an immediate investigation as to the presence of 
combustible material or the existence of inflammable conditions in any building or upon 
any premises under their jurisdiction, upon complaint of any person having an interest in 
said those buildings or premises or property adjacent thereto. Any owner or occupant of 
buildings or premises, failing to comply with the orders of the authorities above specified, 
sflaU must be punished by a fine of not less than $5 for each day's neglect. 
Sec. B-11. 
MRSA §2361, sub-§l, as enacted by PL 1985, c. 101 and 
amended by PL 2007, c. 699, § 10 and affected by §26, is repeal'ed and the following 
enacted in its place: 
1. Municipal enforcement. Duly appointed fire chiefs or their designees, municipal 
building officials and code enforcement officers may bring a civil action in the name of 
COMMITTEE AMENDMENT 
~ 
~:~. 
~:.~ 
COMMITTEE AMENDMENT "A " 
to H.P. 466, L.D. 652 
the municipality to enforce any of the state laws, duly adopted state rules or local 
ordinances enacted pursuant to chapters 313 to 321. 
This subsection is repealed 
December 1, 2010; and 
Sec. B-12. 25 MRSA §2361, sub-§l-A is enacted to read: 
I-A. Municipal enforcement. Effective December 1, 2010, duly appointed fire 
chiefs or their designees, municipal building officials and code enforcement officers may 
bring a civil action in the name of the municipality to enforce any of the state laws, duly 
adopted state rules or local ordinances enacted pursuant to this Part and Title 10, chapter 
1103; and 
Sec. B-13. 30-A MRSA §7060, sub-§l,~, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, § 1 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 
10, is further amended to read: 
B. Establishing adequate standards for all features of means of exit, fire protection, 
fire prevention, accident prevention and structural safety of buildings wJ:H.efl. that are 
used occasionally or regularly for public assembly; compelling the owners to make 
improvements to bring these buildings up to the established standards; requiring the 
owner or lessee of a building used for public assembly wJ:H.efl. that is regulated by an 
ordinance authorized by this section and operated with the intent of financial gain to 
obtain a permit for which a fee may be imposed commensurate with its size or 
capacity; and requiring the owner or lessee of such a building to file a plan showing 
all safety features as a condition precedent to the issue of a permit or the further use 
of one already issued. 
(1) The building inspector official shall send a written order to the owner 'or 
lessee of a building used for public assembly requiring any conditions wJ:H.efl. that 
exist in violation of an ordinance to be corrected within 30 days after the order is 
sent. 
(2) After the 30-day period expires, the owner or lessee is strictly liable for all 
injury caused by the failure to correct the violations and the building insoector 
official shall order the building vacated. 
(3) As used in this section, "building used for public assembly" means a room or 
space in or on any structure wJ:H.efl. that is used for the gathering of 100 or more 
persons for any purpose and includes any room or space on the same level, above 
or below, wJ:H.efl. that has a common entrance; and 
Sec. B-14. 30-A MRS A §7060, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. A, §56 and Pt. C, 
§§8 and 10, is further amended to read: 
2. Additional provisions. The provisions of this subsection apply to subsection 1. 
A. The provisions pertaining to buildings apply equally to all structures and parts of 
them, inc·luding mobile and modular homes. 
B. 
The building inspector official is the licensing authority, unless otherwise 
provided by the plantation. 
COMMITTEE AMENDMENT 
) 
,) 
,) 
(r.\, 
( 
'. 
c.,. 
~~. 
I 
II 
IS 
COMMITTEE AMENDMENT "A " 
to H.P. 466, L.D. 652 
C. 
Ordinances defining the duties of the building inspector official and other 
enforcement officers, not contrary to Title 25, chapter 313, may be enacted. All 
enforcement officers designated by ordinance sfla.l..I. must be given free access at 
reasonable hours to all parts of buildings regulated by ordinance. 
D. 
An application for a permit must be in writing and must be signed by the 
applicant and directed to the building inspector official. The failure of the building 
inspector official to issue a written notice of the decision, directed to the applicant 
within 30 days from the filing of the application, constitutes a refusal of the permit. 
The building inspector shall official may not issue any permit: 
(I) For a building or use for which the applicant is required to obtain a license 
under Title 38, section 413, until the applicant has obtained that license; iffiF or 
(2) For a building or use within a land subdivision, as defined in section ~ 
I, unless that subdivision has been approved in accordance with that section. 
E. An appeal may be taken from any order issued by the building inspector official 
or from the licensing authority's refusal to grant a permit. 
(I) A person aggrieved by an order of the building inspector official or a permit 
applicant may appeal in writing to the plantation assessors. At their next meeting 
following receipt of the appeal, the plantation assessors shall affirm, modify or 
set aside the decision of the building inspector official according to the terms of 
the pertinent ordinance. They may permit a variation from the terms of an 
ordinance when necessary to avoid undue hardship, provided that as long as there 
is no substantial departure from the intent of the ordinance. They may permit an 
exception to an ordinance only when the terms of the exception have been 
specifically set forth by the plantation. The failure of the plantation assessors to 
issue a written notice of their decision, directed to the applicant, within 30 days 
from the filing of the appeal constitutes a denial of the appeal. If a plantation has 
by ordinance required that all such appeals be taken to a board of appeals, the 
procedure ffia.U must be the same as in appeals directed to the plantation 
assessors, unless the plantation has provided otherwise. 
(2) An appeal may be taken from the decision of the plantation assessors or the 
board of appeals as provided in section 2691, subsection 3, paragraph G. 
Sec. B-15. 33 MRSA §592, sub-§7, 'ITA, as enacted by PL 1999, c. 478, § I, is 
amended to read: 
A. The escrow agreement must provide that the funds or other consideration may be 
released only as provided in this paragraph. 
(I) If the purchaser gives a valid notice of cancellation pursuant to this section or 
is otherwise entitled to cancel the sale, the funds or other consideration received 
from or on behalf of the purchaser must be returned to the purchaser. 
(2) If the purchaser defaults in the performance of any obligation relating to the 
purchase or ownership of the time-share following the expiration of the 
cancellation period set out in subsection I, the developer shall provide an 
affidavit to the escrow agent requesting release of the escrowed funds or other 
COMMITTEE AMENDMENT 
~ 
~,,~. 
It'~\~'\ 
': .... 
COMMITTEE AMENDMENT "A " 
to H,P. 466, L.D. 652 
consideration and shall provide a copy of the affidavit to the purchaser who has 
defaulted. If, within 7 calendar days of mailing the affidavit, the developer has 
not received from the purchaser a written notice of a dispute between the 
purchaser and the developer or a claim to the escrowed funds or other 
consideration, the funds or other consideration received from or on behalf of the 
purchaser must be immediately released to the developer. 
(3) If no cancellation or default has occurred, the escrow agent may release the 
funds or other consideration upon presentation of an affidavit by the developer 
that: 
(a) The cancellation period has expired; and 
(b) A certificate or statement of substantial completion has been executed by 
an engineer or architect or a certificate of occupancy has been issued by the 
municipal inspector of buildings building official for the time-share unit 
containing the time-share. 
Sec. B-16. 33 MRS A §1602-101, sub-§(b), as enacted by PL 1981, c. 699, is 
amended to read: 
(b) 
No interest in any unit may be conveyed to a purchaser until the unit is 
substantially completed as evidenced by a certificate or statement of substantial 
completion executed by an engineer or architect, or until a certificate of occupancy is 
issued by the municipal inspector of buildings building official; provided except that this 
limitation sfl.a.I.I- does not apply to contracts, options or reservations for sale of units later 
to be so completed flBF or to mortgages or transfers of units as security for an obligation, 
deeds in lieu of foreclosure, foreclosures and foreclosure sales, conveyances to successor 
declarants or to any person in the business of selling real estate for hl-s that person's own 
account, or to financial institutions.' 
SUMMARY 
This amendment replaces the bill. Palt A provides the following changes to the 
Maine Uniform Building and Energy Code. 
\. 
It changes from July 1, 2010 to December 1, 2010 the date by which a 
municipality that has more than 2,000 residents that has adopted any building code by 
August 1, 2008 must begin enforcement of the Maine Uniform Building and Energy 
Code. 
2. 
It changes from July 1, 2010 to December 1, 2010 the date that the Maine 
Uniform Building and Energy Code becomes the successor to all adopted building, 
en~rgy and radon codes and standards, and extends from January 1, 2010 to June 1, 2010 
the effective date for code enforcement officers to become certified in the Maine Uniform 
Building and Energy Code standards. 
3. It adds a definition for building codes that were adopted by municipalities prior to 
the Maine Uniform Building and Energy Code to clarify which municipalities will trigger 
the staggered enforcement provisions. 
, 
COMMITTEE AMENDMENT 
~ " 
) 
) 
'J 
" 
~.:..." 
~t..""'~"" 
I':)'~ "" 
;"~~ 
'~~ 
(-"\ 
.. 
/ 
r. 
II 
IS 
COMMITTEE AMENDMENT "A" to H.P. 466, L.D. 652 
4. 
It exempts municipalities that are enforcing the Maine Uniform Building and 
Energy Code through 3rd-party inspections pursuant to Title 25, section 2373 from the 
provision of law requiring the inspector of buildings to inspect construction for 
compliance with the Maine Uniform Building and Energy Code. 
5. It specifies that the inspector 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 the report for accuracy. 
6. It changes the date that the Technical Building Codes and Standards Board is 
required to adopt the Maine Uniform Building and Energy Code from January 1,2010 to 
no later than June I, 2010 and similarly extends the date that 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 from 
between January 1,2010 and July 1,2010 to between June 1,2010 and December I, 
2010. 
7. It changes the Technical Building Codes and Standards Board annual reporting 
date from December 31 st each year to January 31 st each year, beginning in 20 II, which 
requires the board 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, 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. 
8. It requires the Technical Building Codes and Standards Board to 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 December I, 20 10. 
9. It also provides the Department of Professional and Financial Regulation with an 
extension until December I, 20 10 to provide the report that is required pursuant to 
Resolve 2007, chapter 219 on the issue of residential contractor licensing. 
Part B resolves errors and potential conflicts created by enactment of Public Law 
2007, chapter 699, which through a revision clause attempted to change references to the 
position of inspector of buildings to the position of building official. In some instances a 
direct replacement by revision clause was impossible because the terminology to be 
changed was not exactly the same as that specified in the revision clause. 
In some 
instances where substantive changes were made in the public law in a section having a 
postponed effective date, changing the terminology by revision clause would have created 
a future conflict. This Part also incorporates changes contained in Part A. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/07/09 frac:.. 
LD652 
LR 1146(02) 
An Act To Clarify the Maine Uniform Building and Energy Code 
Fiscal Note for Bill as Amended by Committee Amendment Iff' 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the State Planning Office associated with assisting municipalities in adopting Maine Unifonn 
Building and Energy Codes can be absorbed within existing budgeted resources. 
LRI146(02) - Fiscal Note - Page 1 of 1 
'\ 
.. ,' ) 
) 
')