An Act To Repeal the Maine Uniform Building and Energy Code
Maine Legislature, Session 125, LD 0043
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HARVELL, CEBRA, CLARK, COTTA, CRAY, GIFFORD, JOHNSON, LIBBY, PARRY
Amends: 5 MRSA §12004-G, 25 MRSA §2351-A, 25 MRSA §2353-A, 25 MRSA §2357-A, 25 MRSA §2361, 25 MRSA §2448-A, 25 MRSA §2450, 25 MRSA §2450-A, 30-A MRSA §4451, 30-A MRSA §4452, 35-A MRSA §10104

Legislative Document 
No. 43 
H.P. 36 
House of Representatives, January 11, 2011 
An Act To Repeal the Maine Uniform Building and Energy Code 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative HARVELL of Farmington. 
Cosponsored by Representatives: CEBRA of Naples, CLARK of Easton, COTTA of China, 
CRAY of Palmyra, GIFFORD of Lincoln, JOHNSON of Eddington, LIBBY of Waterboro, 
PARRY of Arundel. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-G, sub-§5-A, as enacted by PL 2007, c. 699, §1, is 
repealed. 
Sec. 2.  10 MRSA c. 1103, as amended, is repealed. 
Sec. 3.  25 MRSA §2351-A, as enacted by PL 2009, c. 261, Pt. B, §2, is amended 
to read: 
§2351-A.  Building official; compensation; deputy 
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 
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 skilled in the construction of buildings, 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. 
This section takes effect December 1, 2010. 
Sec. 4.  25 MRSA §2353-A, as enacted by PL 2009, c. 261, Pt. B, §4, is amended 
to read: 
§2353-A.  Duty to inspect buildings under construction 
Unless the municipality is enforcing the Maine Uniform Building and Energy Code 
by means of 3rd-party inspectors pursuant to section 2373, subsection 4, the The building 
official shall inspect each building during the process of construction for compliance with 
the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103 
and so far as may be necessary to see that all proper safeguards against the catching or 
spreading of fire are used, that the chimneys and flues are made safe and that proper 
cutoffs are placed between the timbers in the walls and floorings where fire would be 
likely to spread, and may give such directions in writing to the owner or contractor as the 
building official considers necessary concerning the construction of the building so as to 
render the building safe from the catching and spreading of fire. 
This section takes effect December 1, 2010. 
Sec. 5.  25 MRSA §2357-A, as enacted by PL 2009, c. 261, Pt. B, §7, is amended 
to read: 
§2357-A.  No occupancy without certificate; appeal 
Subject to the provisions of Title 10, chapter 951, a building 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, 
pursuant to the required inspections in section 2373 that the building has been built in 
accordance with section 2353-A, and so as to be safe from fire. The inspector of buildings 
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 to 
the municipal officers and, if on such appeal it is decided by them that the section has 
been complied with, the owner of the building is not liable to a fine for want of the 
certificate of the building official. 
This section takes effect December 1, 2010. 
Sec. 6.  25 MRSA §2361, as amended by PL 2009, c. 261, Pt. B, §§11 and 12, is 
further amended to read: 
§2361.  Proceedings by municipality 
1-A.  Municipal enforcement.  Effective December 1, 2010, duly Duly appointed 
fire chiefs or their designees, municipal building officials and code enforcement officers 
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 
2.  Notice.  In any proceeding brought by or against the State that involves the 
validity of a municipal ordinance, the municipality must be given notice of the 
proceeding and is entitled to be made a party to the proceeding and to be heard.  In any 
proceeding brought by or against the municipality that involves the validity of statute, 
ordinance or regulation, the Attorney General must be served and made a party to the 
proceeding and is entitled to be heard. This section applies to enforcement of statutes, 
rules or ordinances enacted pursuant to this Part and Title 10, chapter 1103. 
Sec. 7.  25 MRSA c. 314, as amended, is repealed. 
Sec. 8.  25 MRSA §2448-A, sub-§2, ¶H, as enacted by PL 2009, c. 364, §2, is 
repealed. 
Sec. 9.  25 MRSA §2450, first ¶, as amended by PL 2009, c. 364, §3, is further 
amended to read: 
The Commissioner of Public Safety shall adopt, in accordance with requirements of 
the Maine Administrative Procedure Act, a schedule of fees for the examination of all 
plans for construction, reconstruction or repairs submitted to the Department of Public 
Safety. The fee schedule for new construction or new use is 5¢ per square foot for 
occupied spaces and 2¢ per square foot for bulk storage occupancies, except that a fee for 
review of a plan for new construction by a public school may not exceed $450.  The fee 
schedule for reconstruction, repairs or renovations is based on the cost of the project and 
may not exceed $450, except as provided in section 2450-A.  Except for projects 
reviewed by a municipality pursuant to section 2448-A, the fees must be credited to a 
special revenue account to defray expenses in carrying out this section.  Any balance of 
the fees may not lapse, but must be carried forward as a continuing account to be 
expended for the same purpose in the following fiscal years.  For projects reviewed by a 
municipality that include occupied spaces, a 1¢ fee per square foot must be remitted to 
the Department of Public Safety and a 4¢ fee per square foot must be paid to the 
municipality. 
Sec. 10.  25 MRSA §2450-A, as enacted by PL 2007, c. 699, §13, is repealed. 
Sec. 11.  30-A MRSA §4451, sub-§2-A, ¶E, as amended by PL 2009, c. 261, Pt. 
A, §14, is further amended to read: 
E.  Building standards under chapter 141; chapter 185, subchapter 1; beginning June 
1, 2010, Title 10, chapter 1103; and Title 25, chapters 313 and 331. 
Sec. 12.  30-A MRSA §4451, sub-§3-A, as enacted by PL 2007, c. 699, §17, is 
repealed. 
Sec. 13.  30-A MRSA §4451, sub-§3-B, as enacted by PL 2009, c. 213, Pt. M, 
§7, is repealed. 
Sec. 14.  30-A MRSA §4452, sub-§5, ¶H, as repealed by PL 2007, c. 699, §18, is 
reenacted to read: 
H.   Local building codes adopted pursuant to sections 3001 and 3007; 
Sec. 15.  30-A MRSA §4452, sub-§5, ¶I, as repealed by PL 2007, c. 699, §18, is 
reenacted to read: 
I.   Local housing codes adopted pursuant to sections 3001 and 3007; 
Sec. 16.  30-A MRSA §4452, sub-§5, ¶T, as corrected by RR 2007, c. 2, §16, is 
amended to read: 
T.  Laws pertaining to limitations on construction and excavation near burial sites and 
established cemeteries in Title 13, section 1371-A and local ordinances and 
regulations adopted by municipalities in accordance with this section and section 
3001 regarding those limitations; and 
Sec. 17.  30-A MRSA §4452, sub-§5, ¶U, as corrected by RR 2007, c. 2, §17, is 
amended to read: 
U.  Standards under a wind energy development certification issued by the 
Department of Environmental Protection pursuant to Title 35-A, section 3456 if the 
municipality chooses to enforce those standards; and. 
Sec. 18.  30-A MRSA §4452, sub-§5, ¶V, as reallocated by RR 2007, c. 2, §18, 
is repealed. 
Sec. 19.  35-A MRSA §10104, sub-§9, as enacted by PL 2009, c. 372, Pt. B, §3, 
is amended to read: 
9.  Coordination with other entities.  Consistent with the requirements of this 
chapter and other applicable laws, the board shall coordinate with the activities and 
programs of state agencies and authorities that relate to the purposes of this chapter in 
order to align such activities and programs with the plans and programs of the trust.  For 
purposes of this subsection, activities and programs of state agencies and authorities that 
relate to the purposes of this chapter include but are not limited to energy efficiency 
programs relating to state facilities administered by the Department of Financial and 
Administrative and Financial Services, Bureau of General Services, the adoption, 
amendment and maintenance of the Maine Uniform Building and Energy Code by the 
Technical Building Codes and Standards Board, established in Title 5, section 12004-G, 
subsection 5-A within the Department of Public Safety, energy efficiency or green energy 
workforce development activities of the Department of Labor or the Maine Jobs Council 
and energy efficiency and weatherization programs administrated by the Maine State 
Housing Authority. 
Sec. 20.  PL 2007, c. 699, §27, as amended by PL 2009, c. 261, Pt. A, §17, is 
repealed. 
SUMMARY 
This bill repeals the laws establishing the Maine Uniform Building and Energy Code 
and makes adjustments to certain other laws to make them consistent with law that 
existed prior to the enactment of Public Law 2007, chapter 699, which created the 
uniform code.  This bill does not reenact the Maine Model Building Code or the energy 
efficiency building standards that were repealed by Public Law 2007, chapter 699 and 
replaced by the Maine Uniform Building and Energy Code.