An Act To Create Efficiencies in the Administration and Enforcement of the Maine Uniform Building and Energy Code
Maine Legislature, Session 125, LD 1787
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PRESCOTT
Amends: 5 MRSA §948, 10 MRSA §9042, 10 MRSA §9722, 10 MRSA §9723, 25 MRSA §2351-A, 25 MRSA §2357-A, 25 MRSA §2371, 25 MRSA §2372, 25 MRSA §2373, 25 MRSA §2374, 25 MRSA §2450-A, 25 MRSA §2901, 25 MRSA §2902

Legislative Document 
No. 1787 
H.P. 1312 
House of Representatives, January 19, 2012 
An Act To Create Efficiencies in the Administration and 
Enforcement of the Maine Uniform Building and Energy Code 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PRESCOTT of Topsham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §948, sub-§1, ¶L, as amended by PL 2009, c. 317, Pt. A, §1, is 
further amended to read: 
L.  Director,  Maine Emergency Medical Services; and 
Sec. 2.  5 MRSA §948, sub-§1, ¶M, as enacted by PL 2009, c. 317, Pt. A, §1, is 
amended to read: 
M.  Director, Bureau of Consolidated Emergency Communications; and. 
Sec. 3.  5 MRSA §948, sub-§1, ¶N, as enacted by PL 2009, c. 317, Pt. A, §1, is 
repealed. 
Sec. 4.  10 MRSA §9042, sub-§3, as amended by PL 2005, c. 344, §19, is further 
amended to read: 
3.  Exemption. Notwithstanding the provisions of Title 25, section 2357 2357-A and 
Title 30-A, section 4358, new manufactured housing that is manufactured, brokered, 
distributed, sold, installed or serviced in compliance with this chapter is exempt from all 
state or other political subdivision codes, standards, rules or regulations that regulate the 
same matters.  A building permit or certificate of occupancy may not be delayed, denied 
or withheld on account of any alleged failure of new manufactured housing to comply 
with any code, standard, rule or regulation from which the new manufactured housing is 
exempt under this subsection. 
Sec. 5.  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, Office of the State Fire Marshal, 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 to provide for training for municipal building officials, local code 
enforcement officers and 3rd-party inspectors. 
Sec. 6.  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 Division 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 to Title 30-A, section 4451, subsection 3-A, division shall 
implement, or cause to be implemented, the training and certification program established 
under this chapter. 
Sec. 7.  25 MRSA §2351-A, first ¶, as enacted by PL 2009, c. 261, Pt. B, §2, is 
amended to read: 
In every town and city of more than 2,000 4,000 inhabitants, and in every town of 
2,000 4,000 inhabitants or less, if such a town so votes at a town meeting, and in each 
village corporation, if such a corporation so votes at the annual meeting of the 
corporation, the municipal officers shall annually in the month of April appoint a building 
official, who must be a person certified in building standards pursuant to Title 30-A, 
section 4451, subsection 2-A, paragraph E, and shall determine the building official's 
compensation.  Whenever the building official becomes incapacitated, the municipal 
officers may appoint or authorize the building official to appoint a deputy building 
official, who shall serve until removed by the municipal officers, but in no event beyond 
the term for which the building official was appointed.  The deputy building official shall 
perform such duties as may be required of the deputy building official by the building 
official.  The compensation of the deputy building official is determined by the municipal 
officers. 
Sec. 8.  25 MRSA §2357-A, first ¶, as amended by PL 2011, c. 365, §7, is further 
amended to read: 
 A building in a municipality of more than 2,000 4,000 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, and in accordance with the required enforcement and inspection options provided 
in section 2373.  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 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 pursuant to Title 30-A, section 4103, subsection 5 and, if 
on such appeal it is decided that 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. 9.  25 MRSA §2371, sub-§3, as enacted by PL 2007, c. 699, §11, is repealed. 
Sec. 10.  25 MRSA §2371, sub-§5-A is enacted to read: 
5-A.  Division.  "Division" means the Division of Building Codes and Standards 
established in section 2372. 
Sec. 11.  25 MRSA §2371, sub-§6, as amended by PL 2011, c. 365, §9, is further 
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 serve as a 3rd-party inspector in any municipality where that 3rd-party 
inspector has been be appointed as a building official or code enforcement officer. 
Sec. 12.  25 MRSA §2372, as enacted by PL 2007, c. 699, §11, is amended to 
read: 
§2372.  Division of Building Codes and Standards 
1.  Established. The Bureau Division of Building Codes and Standards is established 
within the Department of Public Safety, Office of the State Fire Marshal to provide 
administrative support and technical assistance to the board in executing its duties 
pursuant to Title 10, section 9722, subsection 6.  
2.  Staff.  The commissioner may appoint or remove for cause staff of the bureau 
division, including: 
A.  A technical codes coordinator certified in building standards pursuant to Title 
30-A, section 4451, subsection 2-A, paragraph E, who serves as the bureau division 
director and principal administrative and supervisory employee of the board. The 
technical codes coordinator shall attend meetings of the board, keep records of the 
proceedings of the board and direct and supervise the personnel employed to carry 
out the duties of the board, including but not limited to providing technical support 
and public outreach for the adoption of the code, amendments, conflict resolutions 
and interpretations. Technical support and public outreach must include, but may not 
be limited to: 
(1) Providing nonbinding interpretation of the code for professionals and the 
general public; and 
(2) Establishing and maintaining a publicly accessible website to publish general 
technical assistance, code updates and interpretations and post-training course 
schedules; and 
B.  An office specialist to provide administrative support to the bureau division and 
the board. 
Sec. 13.  25 MRSA §2373, sub-§4, as enacted by PL 2007, c. 699, §11, is 
amended to read: 
4.  Third-party inspectors.  Reports from 3rd-party inspectors certified pursuant to 
Title 10, section 9723 submitted to the building official prior to obtaining a certificate of 
occupancy in section 2357 2357-A that are obtained pursuant to independent contractual 
arrangements between the building owner and 3rd-party inspector or the municipality and 
3rd-party inspector.  
Sec. 14.  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 division under this chapter and the activities of the board under Title 10, chapter 
1103 and the Executive Department, State Planning Office 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 and the Executive Department, State 
Planning Office 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. 15.  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, 
and the activities of the Bureau Division of Building Codes and Standards under chapter 
and the activities of the Executive Department, State Planning Office 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. 16.  25 MRSA §2901, as amended by PL 2009, c. 317, Pt. E, §3, is further 
amended to read: 
§2901.  Department; commissioner 
There is created and established the Department of Public Safety to coordinate and 
efficiently manage the law enforcement and public safety responsibilities of the State, to 
consist of the Commissioner of Public Safety, in this chapter called "commissioner," who 
is appointed by the Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over criminal justice matters and to confirmation by the 
Legislature, to serve at the pleasure of the Governor, and the following:  the Bureau of 
State Police, the Office of the State Fire Marshal, the Maine Criminal Justice Academy, 
the Bureau of Highway Safety, the Maine Drug Enforcement Agency, Maine Emergency 
Medical Services, the Bureau of Capitol Security, the Bureau of Consolidated Emergency 
Communications, the Bureau of Building Codes and Standards and the Gambling Control 
Unit. 
Sec. 17.  25 MRSA §2902, sub-§10, as enacted by PL 2009, c. 317, Pt. E, §8, is 
amended to read: 
10.  Maine Emergency Medical Services.  The Maine Emergency Medical Services, 
which is under the direction of the Director of Maine Emergency Medical Services; and 
Sec. 18.  25 MRSA §2902, sub-§11, as enacted by PL 2009, c. 317, Pt. E, §9, is 
repealed. 
SUMMARY 
The purpose of this bill is to create efficiencies in the administration and enforcement 
of the Maine Uniform Building and Energy Code, primarily by abolishing the 
Department of Public Safety, Bureau of Building Codes and Standards and moving its 
authority and responsibilities to a new division created in the Office of the State Fire 
Marshal.  This bill also corrects cross-references and inconsistencies in the threshold for 
municipal populations to which the provisions of the Maine Uniform Building and 
Energy Code apply.