An Act To I 0 Provide Options to Municipalities Conceming the Maine Unifonn Building and Energy Code
Maine Legislature, Session 125, LD 1416
Committee Amendment CA_A_H553 (House)
Amends: 10 MRSA §972, 10 MRSA §9724

COMMfTTEE MvIENDMENT "f}" to f-LP. 1042, LD. 1416, Bill, "An Act To 
I 0 
Provide Options to Municipalities Conceming the Maine Unifonn Building and Energy 
Code" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 10 MRSA §972t, sub-§§3 and 4are enacted to read: 
3. Maine Uniform Building Code. "Maine Uniform Building Code" means that 
portion of the Maine Uniform Building and Energy Code that does not contain energy 
code requirements as detennined by the board pursuant to section 9722, subsection 6, 
paragraph L. 
4. 
Maine Uniform Energy Code. 
"Maine Uniform Energv Code" means that 
Qortion of the Maine Unifonn Building and Energv Code that contains only energv code 
requirements as detcnnined bv the board pursuant to section 9722. subsection 6, 
paragraph L 
Sec. 2. to l\IRSA §9722, sub-§6, "J and K, as enacted by PL 2007, c. 6<)<), ~6, 
are amended to read: 
J. [n the adoption and amendment of the Maine Unifonn Building and Energy Code, 
ensure that nontraditional or experimental construction, including but not limited to 
stravv bale and earth benn construction, is permissible under the code; aM 
K. In the adoption and amendment of the Maine U nitonn Building and Energy Code, 
ensure that building materials from local sawmills, including but not limited to 
nongraded lumber, are pennissiblc under the code~: and 
Sec. 3. to MRSA §9722, sub-§6, ,L is enacted to read: 
L 
AdoQt amend and maintain the Maine Uniform Building Code and the Maine 
Unifonll Energy Code. 
COMMITTEE AMENDMENT 
it 
COMMITTEE AMENDMENT" f}, to H.P. 1042, L.D. 1416 
Sec. 4. 10 MRSA §9724, sub-§I, as amended by PL 2009, c. 261, Pt. A, §7, is 
further amended to read: 
1. Limitations on home rule authority. This chapter provides express limitations 
on municipal home rule authority. Beginning December 1, 20l0, the The Maine Uniform 
Building and Energy Code must be enforced in a municipality that has more than ~ 
4,000 residents and that has adopted any building code by August I, 2008. Beginning 
July 1, 20l2, the Maine Uniform Building and Energy Code must be enforced in a 
municipality· that has more than 2,QOO 4,000 residents and that has not adopted any 
building code by August 1, 2008. The Maine Uniform Building and Energy Code must 
be enforced through inspections that comply with Title 25, section 2373. 
Sec. S. 10 MRSA §9724, sub-§ I-A is enacted to read: 
I-A. Municipalities up to 4,000 residents. A municipality of up to 4,000 residents 
may not adopt or enforce a building code other than the Maine Unifonn Building Code, 
the Maine Unifonll Energy Code or the Maine Unifonn Building and Energv Code. 
Notwithstanding any other provision of this chapter or Title 25, chapter 314, the 
provisions of the Maine Uniform Building Code, the Maine Unifonn Energy Code or the 
Maine Uniforn} Building and Energy Code do not apply in a municipality that has 4,000 
or fewer residents except to the extent the municipality has adopted that code pursuant to 
this subsection. 
Sec. 6. 2S MRSA §2373, first " as amended by PL 2009, c. 261, Pt. A, § 12, is 
further amended to read: 
Beginning December 1, 2010, the The code must be enforced in a municipality that 
has more than 2,QOO 4,000 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,QOO 4,000 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:' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. It 
changes the threshold for municipalities that must adopt the Maine Unifoffil Building and 
Energy Code from municipalities with more than 2,000 residents to municipalities with 
more than 4,000 residents. [t requires the Technical Building Codes and Standards Board 
to adopt, amend and maintain an individual uniform statewide building code and a 
unifonn statewide energy code that municipalities up to 4,000 residents may choose to 
adopt. If a municipality with up to 4,000 residents chooses to adopt a building code or an 
energy code it must adopt the statewide version adopted by the Technical Building Codes 
and Standards Board, or it may adopt the entire Maine Uniform Building and Energy 
Code. A municipality with up to 4,000 residents may choose to have no code. 
COMMITTEE AMENDMENT