An Act To Provide Options to Municipalities Concerning the Maine Uniform Building and Energy Code
Maine Legislature, Session 125, LD 1416
Committee: Labor, Commerce, Research and Economic Development
Sponsors: McKANE, HAMPER, MALABY, THIBODEAU, COTTA, CURTIS, FITTS, HARVELL, PLOWMAN, ROSEN, THOMAS
Amends: 10 MRSA §9724

Legislative Document 
No. 1416 
H.P. 1042 
House of Representatives, April 6, 2011 
An Act To Provide Options to Municipalities Concerning 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 McKANE of Newcastle. 
Cosponsored by Representatives: HAMPER of Oxford, MALABY of Hancock, Senator 
THIBODEAU of Waldo and Representatives: COTTA of China, CURTIS of Madison, FITTS 
of Pittsfield, HARVELL of Farmington, Senators: PLOWMAN of Penobscot, ROSEN of 
Hancock, THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §9724, sub-§1, as amended by PL 2009, c. 261, Pt. A, §7, is 
repealed and the following enacted in its place: 
1.  Limitations on home rule authority; adoption of building or energy code.  
This chapter provides express limitations on municipal home rule authority.  Beginning 
December 1, 2012, a municipality that has adopted, as of January 1, 2011, a building code 
or portion of a building code related to commercial, residential or existing structures or an 
energy code must adopt the portion of the Maine Uniform Building and Energy Code 
related to commercial, residential or existing structures or an energy code, respectively.  
Any portion of the Maine Uniform Building and Energy Code adopted by a municipality 
must be enforced through inspections that comply with Title 25, section 2373. 
Sec. 2.  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 2012, except as provided in subsection 
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. 3.  10 MRSA §9724, sub-§4, as enacted by PL 2007, c. 699, §6, is amended 
to read: 
4.  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.  The requirements of the Maine Uniform Building and Energy Code do 
not apply to: 
A.  Log homes or manufactured housing as defined in chapter 951; or 
B.  Post and beam or timber frame construction.; or 
C.  A municipality that has not adopted a building code. 
Sec. 4.  Retroactivity.  That section of this Act that amends the Maine Revised 
Statutes, Title 10, section 9724, subsection 3 applies retroactively to December 1, 2010. 
SUMMARY 
Current law requires the adoption of the Maine Uniform Building and Energy Code 
by all municipalities with more than 2,000 residents by July 1, 2012, including those 
municipalities without a building code.  An ordinance that conflicts with the Maine 
Uniform Building and Energy Code is considered void as of December 1, 2010. 
Beginning December 1, 2012, this bill requires a municipality, regardless of size, that 
has adopted a building code, including a building code or portion of a building code 
related to residential, commercial or existing structures or an energy code, as of January 
1, 2011, to adopt the comparable portion of the Maine Uniform Building and Energy 
Code.  The municipality is required to adopt only that portion of the Maine Uniform 
Building and Energy Code that relates to the code already in place in that municipality.   
This bill also delays voidance of a conflicting municipal ordinance until December 1, 
2012.