An Act To Clarify the Liability of 3rd-party Building Inspectors
Maine Legislature, Session 125, LD 1687
Committee: Judiciary
Sponsors: MOULTON, RECTOR, TURNER
Amends: 14 MRSA §8102

Legislative Document 
No. 1687 
H.P. 1239 
House of Representatives, December 23, 2011 
An Act To Clarify the Liability of 3rd-party Building Inspectors 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MOULTON of York. 
Cosponsored by Senator RECTOR of Knox and 
Representative: TURNER of Burlington. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, 3rd-party inspectors are authorized to inspect buildings under the Maine 
Uniform Building and Energy Code; and 
Whereas, 3rd-party inspectors are having a difficult time obtaining liability 
insurance; and 
Whereas, for the efficient implementation of the Maine Uniform Building and 
Energy Code, this Act must take effect before the 90 days after adjournment; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §8102, sub-§1, as amended by PL 2003, c. 489, §1, is further 
amended to read: 
1.  Employee.  "Employee" means a person acting on behalf of a governmental entity 
in any official capacity, whether temporarily or permanently, and whether with or without 
compensation from local, state or federal funds, including elected or appointed officials; 
volunteer firefighters as defined in Title 30-A, section 3151; emergency medical service 
personnel; members and staff of the Consumer Advisory Board pursuant to Title 34-B, 
section 1216; members of the Maine National Guard but only while performing state 
active service pursuant to Title 37-B; sheriffs' deputies as defined in Title 30-A, section 
when they are serving orders pursuant to section 3135; persons acting as 3rd-party 
inspectors on behalf of a state, county or local governmental entity pursuant to Title 10, 
section 9723 or Title 25, section 2373; and persons while performing a search and rescue 
activity when requested by a state, county or local governmental entity, but the term 
"employee," with the exception of 3rd-party inspectors, does not mean a person or other 
legal entity acting in the capacity of an independent contractor under contract to the 
governmental entity. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill clarifies the law to ensure that 3rd-party inspectors acting pursuant to the 
Maine Uniform Building and Energy Code or a local building code have the same 
protection from liability under the Maine Tort Claims Act as other persons acting on 
behalf of a governmental entity.