An Act To
Maine Legislature, Session 125, LD 1253
Committee Amendment CA_A_S210 (Senate)
Amends: 10 MRSA §9722, 10 MRSA §9724, 25 MRSA §2357-A, 25 MRSA §2371

COMMITTEE AMENDMENT" A" to S.P. 374, L.D. 1253, Bill, "An Act To 
Amend the Laws Governing the Enforcement of Statewide Uniform Building Codes" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, immediate clarification and adjustments in the Maine Uniform Building 
and Energy Code are necessary to ensure that Maine's consumers, builders, contractors 
and lending community are able to build and sell high-quality buildings in the State; 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. 10 MRSA §9722, sub-§6, ,J, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
J. In the adoption and amendment of the Maine Uniform Building and Energy Code, 
ensure that nontraditional or experimental construction, including but not limited to 
straw bale and earth berm construction, is permissible under the code; ana 
Sec. 2. 10 MRS A §9722, sub-§6, ,K, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
K. In the adoption and amendment of the Maine Uniform Building and Energy Code, 
ensure that building materials from local sawmills, including but not limited to 
nongraded lumber, are permissible under the code.,.; and 
Sec. 3. 10 MRSA §9722, sub-§6, ~ 
is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 374, L.D. 1253 
L. In the adoption and amendment of the Maine Uniform Building and Energy Code, 
adopt the standards for residential basement wall insulation under the 2006 edition of 
the International Energy Conservation Code published by the International Code 
Council. 
Sec. 4. 10 MRSA §9724, sub-§3, as amended by PL 2009, c. 261, Pt. A, §9, is 
further amended to read: 
3. Ordinances. Effective December 1,2010, except as provided in subsection -4- ~ 
and section 9725, any ordinance regarding a building code of any political subdivision of 
the State that is inconsistent with the Maine Uniform Building and Energy Code is void. 
Sec.5. 10 MRSA §9724, sub-§4, as enacted by PL 2007, c. 699, §6, is repealed. 
Sec. 6. 10 MRSA §9724, sub-§5 is enacted 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. 
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 
than the entire summer season and that do not have water service after the summer 
season. This paragraph is repealed June 15,2012. 
Sec. 7. 25 MRSA §2357-A, first~, as amended by PL 2011, c. 94, §1, is further 
amended to read: 
Subject to the provisions of Title 10, chapter 951, a A building in a municipality of 
more than 2,000 inhabitants 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, pursllaBt to and in accordance with the 
required inspections enforcement and inspection options provided in section 2373 that the 
bllilding has been bllilt in accordance with section 2353 A, and so as to be safe from fire. 
The building official 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 review a report from a 3rd-party inspector for accuracy 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P, 374, L.D. 1253 
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. 
Sec. 8. 25 MRS A §2361, sub-§l-A, as enacted by PL 2009, c. 261, Pt. B, §12, is 
amended to read: 
I-A. Municipal enforcement. Effective December I, 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. 9. 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. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment makes the following changes to the bill: 
1. It adds an emergency preamble and emergency clause; 
2. It amends the exceptions to the Maine Uniform Building and Energy Code to 
include crop storage buildings; 
3. It amends the laws governing the Maine Uniform Building and Energy Code to 
provide that 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, but only until June 15, 2012; 
4. 
It requires the Department of Public Safety, Technical Building Codes and 
Standards Board to adopt the 2006 Intemational Energy Conservation Code standards 
within the Maine Uniform Building and Energy Code for residential basement wall 
insulation; 
5. 
It clarifies that a certificate of occupancy demonstrating compliance with the 
Maine Uniform Building and Energy Code is required only of buildings located in 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 374, L.D. 1253 
municipalities with more than 2,000 inhabitants III accordance with the required 
enforcement and inspection options; and 
6. It removes the provision of the bill that requires the Technical Building Codes and 
Standards Board to determine where and under what circumstances the radon and internal 
air quality building codes should be applied. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/21/11 frac 
LD 1253 
LR 620(02) 
An Act To Amend the Laws Governing the Enforcement of Statewide Uniform Building Codes 
Fiscal Note for Bill as Amended by Committee Amendment "A" S 2.10 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with updating or amending the Maine Uniform 
Building and Energy Code can be absorbed with existing staff and within existing budgeted resources. 
LR0620(02) - Fiscal Note - Page 1 of 1