An Act To Modify the Requirements for Municipal Code Enforcement Officer Training
Maine Legislature, Session 125, LD 1128
Committee: State and Local Government
Sponsors: MOULTON, CROCKETT
Amends: 5 MRSA §3305, 10 MRSA §9722, 10 MRSA §9723, 20-A MRSA §12704, 25 MRSA §2374, 25 MRSA §2450-A, 30-A MRSA §4215, 30-A MRSA §4221, 30-A MRSA §4301, 30-A MRSA §4451, 30-A MRSA §4453

Legislative Document 
No. 1128 
H.P. 840 
House of Representatives, March 15, 2011 
An Act To Modify the Requirements for Municipal Code 
Enforcement Officer Training 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MOULTON of York. 
Cosponsored by Representative: CROCKETT of Bethel. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §3305, sub-§1, ¶M, as amended by PL 2009, c. 213, Pt. M, §1, 
is repealed. 
Sec. 2.  10 MRSA §9722, sub-§1, as enacted by PL 2007, c. 699, §6, is amended 
to read: 
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, in conjunction 
with the Maine Community College System, to provide for training for municipal 
building officials, local code enforcement officers and 3rd-party inspectors. 
Sec. 3.  10 MRSA §9723, sub-§2, as enacted by PL 2007, c. 699, §6, is amended 
to read: 
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 Pursuant to Title 30-A, section 4451, subsection 3-A, the 
Maine Community College System shall implement the training program and the 
Department of Professional and Financial Regulation shall implement the certification 
program established under this chapter. 
Sec. 4.  20-A MRSA §12704, sub-§6, as enacted by PL 1985, c. 695, §11, is 
amended to read: 
6.  Special training and education. Provide Providing, directly or through 
contractual or other arrangements, remedial and special training and education programs 
for disadvantaged and handicapped persons, designed to enable them to make maximum 
use of their aptitudes and abilities and achieve meaningful employment and economic 
self-sufficiency; and 
Sec. 5.  20-A MRSA §12704, sub-§7, as enacted by PL 1985, c. 695, §11 and 
amended by PL 1997, c. 530, Pt. A, §34 and PL 2003, c. 689, Pt. B, §6, is further 
amended to read: 
7.  Temporary Assistance for Needy Families Program. In cooperation with the 
Department of Health and Human Services, Division of Welfare Employment, provide 
providing, directly or through contractual or other arrangements, preparatory, educational 
and training programs for recipients of Temporary Assistance for Needy Families, 
designed to enable them to achieve meaningful employment and economic self-
sufficiency.; and 
Sec. 6.  20-A MRSA §12704, sub-§8 is enacted to read: 
8.  Municipal building officials, local code enforcement officers and 3rd-party 
inspectors.  Pursuant to Title 30-A, section 4451, subsection 3-A, administering a 
program of training for municipal building officials, local code enforcement officers and 
3rd-party inspectors. 
Sec. 7.  25 MRSA §2374, as amended by PL 2009, c. 213, Pt. M, §3, is further 
amended to read: 
§2374.  Uniform Building Codes and Standards Fund  
The Uniform Building Codes and Standards Fund, referred to in this section as "the 
fund," is established within the Department of Public 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 Maine Community College System and 
the Department of Professional and Financial Regulation under Title 30-A, section 4451, 
subsection 3-A.  Revenue for this fund is provided by the surcharge established by 
section 2450-A.  The Department of Public Safety, the Maine Community College 
System and the Executive Department, State Planning Office Department of Professional 
and Financial Regulation shall together determine an amount to be transferred annually 
from the fund for training and certification under Title 30-A, section 4451, subsection 
3-A to the Maine Code Enforcement Training and Certification Fund established in Title 
30-A, section 4451, subsection 3-B.  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. 
Sec. 8.  25 MRSA §2450-A, as enacted by PL 2007, c. 699, §13, is amended to 
read: 
§2450-A.  Surcharge on plan review fee for Uniform Building Codes and Standards 
Fund 
In addition to the fees established in section 2450, a surcharge of 4¢ per square foot 
of occupied space must be levied on the existing fee schedule for new construction, 
reconstruction, repairs, renovations or new use for the sole purpose of funding the 
activities of the Technical Building Codes and Standards Board with respect to the Maine 
Uniform Building and Energy Code, established pursuant to the Title 10, chapter 1103, 
the activities of the Bureau of Building Codes and Standards under chapter 314 and the 
activities of the Executive Department, State Planning Office Maine Community College 
System and the Department of Professional and Financial Regulation under Title 30-A, 
section 4451, subsection 3-A, except that the fee for review of a plan for the renovation of 
a public school, including the fee established under section 2450, may not exceed $450. 
Revenue collected from this surcharge must be deposited into the Uniform Building 
Codes and Standards Fund established by section 2374. 
Sec. 9.  30-A MRSA §4215, sub-§4, as amended by PL 2009, c. 213, Pt. M, §4, is 
further amended to read: 
4.  Fees.  The plumbing inspector shall issue any permit under this section upon 
receipt and approval of a completed application form as prescribed by the commissioner 
and payment by the applicant of the fee established by the municipality.  The fee must be 
at least the minimum amount determined by rule of the department.  One-quarter of the 
amount of the minimum fee must be paid through the department to the Treasurer of State 
to be maintained as a permanent fund and used by the department to implement its 
subsurface wastewater disposal rules, to administer the receipt and collation of completed 
permits and to issue plumbing permit labels to the municipality and by the State Planning 
Office Maine Community College System and the Department of Professional and 
Financial Regulation for training and certification of local plumbing inspectors.  The 
department and, the State Planning Office Maine Community College System and the 
Department of Professional and Financial Regulation shall together determine an amount 
to be transferred annually by the Treasurer of State for training and certification of local 
plumbing inspectors to the Maine Code Enforcement Training and Certification Fund 
established in section 4451, subsection 3-B.  The remainder of the fee must be paid to the 
treasurer of the municipality. 
Sec. 10.  30-A MRSA §4221, sub-§2, as amended by PL 1997, c. 683, Pt. B, §15 
and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
2.  Certification requirements.  A person may not hold the office of plumbing 
inspector unless currently certified as qualified by the State Planning Office Department 
of Professional and Financial Regulation pursuant to section 4451.  Certification is 
effective for a period of  5 years unless sooner revoked or suspended by the District Court 
as provided for in section 4451. 
Sec. 11.  30-A MRSA §4301, sub-§5-C is enacted to read: 
5-C.  Department.  "Department" means the Department of Professional and 
Financial Regulation. 
Sec. 12.  30-A MRSA §4451, as amended by PL 2009, c. 213, Pt. M, §§5 to 9 and 
c. 261, Pt. A, §14, is further amended to read: 
§4451.  Training and certification for code enforcement officers 
1.  Certification required; exceptions.  A municipality may not employ any 
individual to perform the duties of a code enforcement officer who is not certified by the 
office department, except that: 
A.  An individual other than an individual appointed as a plumbing inspector has 12 
months after beginning employment to be trained and certified as provided in this 
section; 
B.  Whether or not any extension is available under paragraph A, the office 
department may waive this requirement for up to one year if the certification 
requirements cannot be met without imposing a hardship on the municipality 
employing the individual;  
C.  An individual may be temporarily authorized in writing by the Department of 
Health and Human Services, Division of Health Engineering to be employed as a 
plumbing inspector for a period not to exceed 12 months; and 
D.  An individual whose certification has expired or is about to expire may be 
temporarily authorized in writing by the office department to extend that individual's 
certification for a period not to exceed 12 months in cases where the necessary 
training or examination is suspended under subsection 3-B, paragraph E. 
2.  Penalty.  Any municipality that violates this section commits a civil violation for 
which a forfeiture of not more than $100 may be adjudged.  Each day in violation 
constitutes a separate offense. 
2-A.  Code enforcement officer; definition and duties.  As used in this subchapter, 
"code enforcement officer" means a person certified under this section and employed by a 
municipality to enforce all applicable laws and ordinances in the following areas: 
A.  Shoreland zoning under Title 38, chapter 3, subchapter I 1, article 2-B; 
B.  Comprehensive planning and land use under Part 2, Subpart VI-A 6-A; 
C.  Internal plumbing under chapter 185, subchapter III 3; 
D.  Subsurface wastewater disposal under chapter 185, subchapter III 3; and 
E.  Building standards under chapter 141; chapter 185, subchapter 1; beginning June 
1, 2010, Title 10, chapter 1103; and Title 25, chapters 313 and 331. 
3.  Training and certification of code enforcement officers.  In cooperation with 
code enforcement officer professional associations, the Maine Community College 
System department, the Department of Environmental Protection, the Department of 
Health and Human Services and the Department of Public Safety, except as otherwise 
provided in paragraph H, the office Maine Community College System shall establish a 
continuing education program for individuals engaged in code enforcement.  This 
program must provide basic training in the technical and legal aspects of code 
enforcement necessary for certification.  The basic training program must include training 
to provide familiarity with the laws and ordinances related to the structure and practice of 
the municipal code enforcement office, municipal planning board and appeals board 
procedures, application review and permitting procedures, inspection procedures and 
enforcement techniques. 
H.  If funding is not available to support the training and certification program 
authorized under this subsection, the office Maine Community College System shall 
discontinue training and the department shall discontinue certification activities 
related to laws and ordinances referenced in subsection 2-A, paragraphs A and B and 
shall adopt by routine technical rules under Title 5, chapter 375, subchapter 2-A a 
program to register code enforcement officers that meet training and education 
qualifications.  The office department shall publish the list of persons registered for 
code enforcement who have submitted evidence of required qualifications.  Persons 
registered under this paragraph must meet the requirements for training and 
certification under this subchapter.  The office Maine Community College System 
and the department shall consult with the Department of Health and Human Services 
for the purposes of carrying out training and certification activities related to laws and 
ordinances referenced in subsection 2-A, paragraphs C and D.  Within one month of 
discontinuation of training and certification under this paragraph, the office Maine 
Community College System and the department shall report to the joint standing 
committee of the Legislature having jurisdiction over appropriations and financial 
affairs and the joint standing committee of the Legislature having jurisdiction over 
state and local government matters a recommendation for funding the training and 
certification program or for further changes in program requirements. 
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 Maine Community College System shall 
provide the training necessary to certify municipal building officials, local code 
enforcement officers and 3rd-party inspectors and the department shall certify the 
municipal building officials, local code enforcement officers and 3rd-party inspectors. 
3-B.  Maine Code Enforcement Training and Certification Fund.  The Maine 
Code Enforcement Training and Certification Fund, referred to in this section as "the 
fund," is established as a nonlapsing fund to support training and certification programs 
administered by the office Maine Community College System and the department for 
code enforcement officers, local plumbing inspectors, municipal building officials and 
3rd-party inspectors in accordance with this subchapter. 
A.  Beginning July 1, 2009, and each year thereafter on July 1st, the funds identified 
in section 4215, subsection 4 for training and certifying local plumbing inspectors 
must be transferred to the fund. 
B.  Beginning July 1, 2009, and each year thereafter on July 1st, the funds identified 
in Title 25, section 2374 for training and certifying municipal building officials, local 
code enforcement officers and 3rd-party inspectors must be transferred to the fund. 
C.  The office Maine Community College System and the department shall place in 
the fund any money it receives the Maine Community College System and the 
department receive from grants to support the requirements of this subchapter. 
D.  Funds related to code enforcement training and certification may be expended 
only in accordance with allocations approved by the Legislature and solely for the 
administration of this subchapter.  Any balance remaining in the fund at the end of 
any fiscal year may not lapse but must be carried forward to the next fiscal year. 
E.  If the fund does not contain sufficient money to support the costs of the training 
and certification provided for in this subchapter, the office Maine Community 
College System and the department may suspend all or reduce the level of training 
and certification activities. 
4.  Examination.  The office department shall conduct at least one examination each 
year to examine candidates for certification at a time and place designated by it.  The 
office department may conduct additional examinations to carry out the purposes of this 
subchapter. 
5.  Certification standards.  The office department shall adopt routine technical 
rules under Title 5, chapter 375, subchapter 2-A to establish the qualifications, conditions 
and licensing standards and procedures for the certification and recertification of 
individuals as code enforcement officers.  A code enforcement officer need only be 
certified in the areas of actual job responsibilities.  The rules established under this 
subsection must identify standards for each of the areas of training under subsection 2-A, 
in addition to general standards that apply to all code enforcement officers. 
6.  Certification; terms; revocation.  The office department shall certify individuals 
as to their competency to successfully enforce ordinances and other land use regulations 
and permits granted under those ordinances and regulations and shall issue certificates 
attesting to the competency of those individuals to act as code enforcement officers.  
Certificates are valid for 6 years unless revoked by the District Court.  An examination is 
not required for recertification of code enforcement officers.  The office department shall 
recertify a code enforcement officer if the code enforcement officer successfully 
completes at least 12 hours of approved training in each area of job responsibility during 
the 6-year certification period. 
A.  The District Court may revoke the certificate of a code enforcement officer, in 
accordance with Title 4, chapter 5, when it finds that: 
(1)  The code enforcement officer has practiced fraud or deception; 
(2)  Reasonable care, judgment or the application of a duly trained and 
knowledgeable code enforcement officer's ability was not used in the 
performance of the duties of the office; or 
(3)  The code enforcement officer is incompetent or unable to perform properly 
the duties of the office. 
B.  Code enforcement officers whose certificates are invalidated under this subsection 
may be issued new certificates provided that they are newly certified as provided in 
this section. 
7.  Other professions unaffected.  This subchapter may not be construed to affect or 
prevent the practice of any other profession. 
Sec. 13.  30-A MRSA §4453, first ¶, as enacted by PL 1997, c. 296, §9, is 
amended to read: 
The office department shall establish certification standards and a program to certify 
familiarity with court procedures for the following individuals: 
Sec. 14.  Transition provisions.  The following provisions govern the transition 
of the training of municipal building officials, local code enforcement officers and 
3rd-party inspectors from the Executive Department, State Planning Office to the Maine 
Community College System. 
1.  The Maine Community College System is the successor in holding the powers, 
duties and functions of the training of municipal building officials, local code 
enforcement officers and 3rd-party inspectors formerly held by the Executive 
Department, State Planning Office. 
2.  All existing rules, regulations and procedures concerning the training of municipal 
building officials, local code enforcement officers and 3rd-party inspectors in effect, in 
operation or adopted in or by the Executive Department, State Planning Office or any of 
its administrative units or officers are hereby declared in effect and continue in effect 
until rescinded, revised or amended by the proper authority. 
3.  All existing contracts, agreements and compacts concerning the training of 
municipal building officials, local code enforcement officers and 3rd-party inspectors 
currently in effect in the Executive Department, State Planning Office continue in effect. 
4.  Any positions authorized and allocated concerning the training of municipal 
building officials, local code enforcement officers and 3rd-party inspectors subject to the 
personnel laws to the Executive Department, State Planning Office are transferred to the 
Maine Community College System and may continue to be authorized. 
5.  All records, property and equipment previously involved in the training of 
municipal building officials, local code enforcement officers and 3rd-party inspectors 
belonging to or allocated for the use of the Executive Department, State Planning Office 
become, on the effective date of this Act, part of the property of the Maine Community 
College System. 
Sec. 15.  Transition provisions.  The following provisions govern the transition 
of the certification of municipal building officials, local code enforcement officers and 
3rd-party inspectors from the Executive Department, State Planning Office to the 
Department of Professional and Financial Regulation. 
1.  The Department of Professional and Financial Regulation is the successor in 
holding the powers, duties and functions of municipal building officials, local code 
enforcement officers and 3rd-party inspectors certification formerly held by the Executive 
Department, State Planning Office. 
2.  All existing rules, regulations and procedures concerning certification for 
municipal building officials, local code enforcement officers and 3rd-party inspectors in 
effect, in operation or adopted in or by the Executive Department, State Planning Office 
or any of its administrative units or officers are hereby declared in effect and continue in 
effect until rescinded, revised or amended by the proper authority. 
3.  All existing contracts, agreements and compacts concerning certification for 
municipal building officials, local code enforcement officers and 3rd-party inspectors 
currently in effect in the Executive Department, State Planning Office continue in effect. 
4.  Any positions authorized and allocated concerning certification for municipal 
building officials, local code enforcement officers and 3rd-party inspectors subject to the 
personnel laws to the Executive Department, State Planning Office are transferred to the 
Department of Professional and Financial Regulation and may continue to be authorized. 
5.  All records, property and equipment previously involved in certification for 
municipal building officials, local code enforcement officers and 3rd-party inspectors 
belonging to or allocated for the use of the Executive Department, State Planning Office 
become, on the effective date of this Act, part of the property of the Department of 
Professional and Financial Regulation. 
SUMMARY 
This bill transfers the responsibility to train municipal code enforcement officers 
from the Executive Department, State Planning Office to the Maine Community College 
System and transfers the responsibility to certify municipal code enforcement officers 
from the State Planning Office to the Department of Professional and Financial 
Regulation.