An Act To Resolve Conflicts in the Implementation of the Maine Uniform Building and Energy Code
Maine Legislature, Session 125, LD 1619
Committee Amendment CA_A_S486 (Senate)
Amends: 10 MRSA §9724, 25 MRSA §2356

COMMITTEE AMENDMENT" A " to S.P. 529, L.D. 1619, Bill, "An Act To 
Resolve Conflicts in the Implementation of the Maine Uniform Building and Energy 
Code" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 10 MRSA §9724, sub-§5, as enacted by PL 2011, c. 365, §6, is amended 
to read: 
5. 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. If such an ordinance does not provide for a process to appeal decisions 
made by building officials administering and enforcing the Maine Uniform Building 
Code, the Maine Uniform Energy Code or the Maine Uniform Building and Energy 
Code, an appeal may be taken in the same manner as provided under Title 30-A, section 
4103, subsection 5. 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. 
A. The requirements of the Maine Uniform Building and Energy Code do not apply 
to: 
(1) Log homes or manufactured housing as defined in chapter 951 ; 
(2) Post and beam or timber frame construction; or 
(3) Warehouses or silos used to store harvested crops. 
B. The requirements of the 2009 edition of the International Energy Conservation 
Code within the Maine Uniform Building and Energy Code do not apply to 
seasonally restricted cottages. 
For the purposes of this paragraph, "seasonally restricted cottage" means a residential 
building unit made up of a room or group of rooms that provide sleeping 
accommodations, as well as accommodations for bathing and cooking, for not more 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 529, L.D. 1619 
than the entire summer season and that do not have water service after the summer 
season. This paragraph is repealed June 15,2012.' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 25 MRSA §2356, as amended by PL 2009, c. 261, Pt. E, §6, is further 
amended to read: 
§2356. Appeals 
Aft Unless an alternative appeal process has been established by ordinance pursuant 
to Title 10, section 9724, subsection 5, an appeal in writing may be taken from any order 
or direction of the building official to the municipal officers, whose order thereon is final.' 
Amend the bill in section 4 in §2357-A in the first paragraph in the 3rd line from the 
end (page 2, line 24 in L.D.) by striking out the following: "and, if' and inserting the 
following: 'aHd;--if or through an alternative appeal process that has been established by 
ordinance pursuant to Title 10, section 9724, subsection 5. If 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment establishes the right to appeal decisions made by building officials 
to the municipal officers or to a municipality's board of appeals, if a local ordinance does 
not provide for an appeal process. It also clarifies that an appeal from a decision of a 
building official with respect to the issuance of an occupancy permit may be taken 
pursuant to an alternative appeal process established by ordinance or by an appeal to 
municipal officers or to a municipality's board of appeals. 
COMMITTEE AMENDMENT