An Act To Amend the Laws Governing the Enforcement of Statewide Uniform Building Codes
Maine Legislature, Session 125, LD 1253
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SAVIELLO
Amends: 10 MRSA §9724, 25 MRSA §2357-A, 25 MRSA §2361, 25 MRSA §2371

Legislative Document 
No. 1253 
S.P. 374 
In Senate, March 22, 2011 
An Act To Amend the Laws Governing the Enforcement of 
Statewide Uniform Building Codes 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested 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-§4, as enacted by PL 2007, c. 699, §6, is amended 
to read: 
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 
building codes.  This section does not prohibit the adoption or enforcement of an 
ordinance of any political subdivision that sets forth the swimming pool fencing 
standards, without amendment, contained in Appendix G of the 2nd edition of the 2009 
International Residential Code.  The requirements of the Maine Uniform Building and 
Energy Code do not apply to: 
A.  Log homes or manufactured housing as defined in chapter 951; or 
B.  Post and beam or timber frame construction. 
Sec. 2.  25 MRSA §2357-A, as enacted by PL 2009, c. 261, Pt. B, §7, is amended 
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 may 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 pursuant to Title 30-A, section 4103, subsection 5 and, if on such 
appeal it is decided by them that the 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. 
Sec. 3.  25 MRSA §2361, sub-§1-A, as enacted by PL 2009, c. 261, Pt. B, §12, is 
amended to read: 
1-A.  Municipal enforcement.  Effective December 1, 2010, duly appointed fire 
chiefs or their designees, municipal building officials and code enforcement officers, 
when authorized by their respective municipal employer, 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. 4.  25 MRSA §2371, sub-§6, as enacted by PL 2007, c. 699, §11, is amended 
to read: 
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 any 
building for which the 3rd-party inspector issues an inspection report pursuant to section 
2373 and may not be serve as a 3rd-party inspector in any municipality where that 
3rd-party inspector has been appointed as a building official or code enforcement officer. 
Sec. 5.  Adoption of radon and ASHRAE standards.  The Department of 
Public Safety, Technical Building Codes and Standards Board, established in the Maine 
Revised Statutes, Title 5, section 12004-G, subsection 5-A, shall review and decide where 
in the State and under what circumstances the radon and ASHRAE standards identified in 
Public Law 2007, chapter 699, section 21, subsection 1, paragraphs E and F, should be 
required.  The board shall update or amend the Maine Uniform Building and Energy 
Code to implement the board's findings, as necessary. 
SUMMARY 
This bill makes several changes to the laws governing the adoption, enforcement and 
implementation of the Maine Uniform Building and Energy Code. 
The bill allows a municipality to adopt Appendix G of the 2009 International 
Residential Code, or "IRC," which contains the safety fencing standards for swimming 
pools. 
The bill removes an archaic and vague requirement that inspections for the purpose of 
issuing an occupancy permit be conducted to ensure that a building is "safe from fire."  
The bill also expressly authorizes a municipality to review the work of a 3rd-party 
inspector for accuracy.  The bill clarifies that appeals may be taken to either the 
municipal officers or a local board of appeals and that municipal employees may not take 
enforcement action without authorization by the employing municipality. 
The bill amends the law to allow a building official to serve as a 3rd-party inspector 
as long as the building official is providing that service outside of the official's 
geographic jurisdiction as a building official. 
The bill directs the Department of Public Safety, Technical Building Codes and 
Standards Board to determine where in Maine and under what circumstances the radon 
and internal air quality building codes should be applied.