An Act To Resolve Conflicts in the Implementation of the Maine Uniform Building and Energy Code
Maine Legislature, Session 125, LD 1619
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SAVIELLO
Amends: 10 MRSA §9724, 25 MRSA §2351-A, 25 MRSA §2353-A, 25 MRSA §2357-A

Legislative Document 
No. 1619 
S.P. 529 
In Senate, December 20, 2011 
An Act To Resolve Conflicts in the Implementation of the Maine 
Uniform Building and Energy Code 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16, 2011.  Referred to the Committee 
on Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §9724, sub-§6 is enacted to read: 
6.  Adoption by reference.  The Maine Uniform Building Code, the Maine Uniform 
Energy Code and the Maine Uniform Building and Energy Code may be adopted by 
reference by a municipality as specified in Title 30-A, section 3003. 
Sec. 2.  25 MRSA §2351-A, as enacted by PL 2009, c. 261, Pt. B, §2, is amended 
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 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 certified in building standards pursuant to Title 30-A, section 4451, 
subsection 2-A, paragraph E, and shall determine the building official's compensation.  If 
a building official is appointed by a municipality that has adopted or is enforcing the 
Maine Uniform Building and Energy Code or a portion of the Maine Uniform Building 
and Energy Code pursuant to Title 10, section 9724, that building official must be 
certified in building standards pursuant to Title 30-A, section 4451, subsection 2-A, 
paragraph E.  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 shall 
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. 3.  25 MRSA §2353-A, as enacted by PL 2009, c. 261, Pt. B, §4, is amended 
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 The building 
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.  For a building official in 
a municipality that is enforcing the Maine Uniform Building and Energy Code pursuant 
to Title 10, section 9724, unless the municipality is enforcing that code by means of 
3rd-party inspectors pursuant to section 2373, subsection 4, the building 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. 
This section takes effect December 1, 2010. 
Sec. 4.  25 MRSA §2357-A, as amended by PL 2011, c. 94, §1 and c. 365, §7, is 
further amended to read: 
§2357-A.  No occupancy without certificate; appeal 
 A building in a municipality of more than 2,000 inhabitants may not be occupied 
until the building official has given a certificate of occupancy for compliance with the 
inspections required by section 2353-A.  A building in a municipality of more than 2,000 
inhabitants that has adopted or is enforcing the Maine Uniform Building and Energy 
Code pursuant to Title 10, section 9724 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, and in accordance with the 
required enforcement and inspection options provided in section 2373.  The building 
official 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 
pursuant to Title 30-A, section 4103, subsection 5 and, if on such appeal it is decided that 
section 2353-A 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. 
SUMMARY 
This bill limits the scope and effect of the Maine Uniform Building and Energy Code 
to those municipalities that have adopted or are enforcing the Maine Uniform Building 
and Energy Code or a portion of the Maine Uniform Building and Energy Code.  Under 
this bill, the requirement that a building official be certified in the enforcement of the 
Maine Uniform Building and Energy Code, and the inspection of buildings and issuance 
of occupancy permits only upon compliance with the Maine Uniform Building and 
Energy Code, applies only in those municipalities that have adopted or are enforcing the 
Maine Uniform Building and Energy Code or a portion of the Maine Uniform Building 
and Energy Code.  This bill also specifies that a municipality that adopts the Maine 
Uniform Building and Energy Code or a portion of the Maine Uniform Building and 
Energy Code may do so by reference, as is allowed for other codes.