An Act To Modify the Mandatory Enforcement of the Maine Uniform Building and Energy Code for a Municipality without a Building Code
Maine Legislature, Session 126, LD 1041
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SAVIELLO, BLACK, HARVELL
Amends: 10 MRSA §9724

Legislative Document 
No. 1041 
S.P. 355 
In Senate, March 14, 2013 
An Act To Modify the Mandatory Enforcement of the Maine 
Uniform Building and Energy Code for a Municipality without a 
Building Code 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed pursuant to Joint Rule 218. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representatives: BLACK of Wilton, HARVELL of Farmington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §9724, sub-§1, as amended by PL 2011, c. 408, §4, is further 
amended to read: 
1.  Limitations on home rule authority.  This chapter provides express limitations 
on municipal home rule authority.  The Maine Uniform Building and Energy Code must 
be enforced in a municipality that has more than 4,000 residents and that has adopted any 
building code by August 1, 2008.  Beginning July 1, 2012, the Maine Uniform Building 
and Energy Code must be enforced in a municipality that has more than 4,000 residents 
and that has not adopted any building code by August 1, 2008 unless the voters in that 
municipality have expressly voted to reject the application or enforcement of the Maine 
Uniform Building and Energy Code, in which case subsection 1-A applies.  The Maine 
Uniform Building and Energy Code must be enforced through inspections that comply 
with Title 25, section 2373. 
Sec. 2.  10 MRSA §9724, sub-§1-A, as enacted by PL 2011, c. 408, §5, is 
repealed and the following enacted in its place: 
1-A.  Municipalities where code is not enforceable.  Notwithstanding any other 
provision of this chapter or Title 25, chapter 314, the provisions of the Maine Uniform 
Building Code, the Maine Uniform Energy Code or the Maine Uniform Building and 
Energy Code do not apply in a municipality: 
A.  That has 4,000 or fewer residents except to the extent the municipality has 
adopted that code; or 
B.  Of more than 4,000 residents that has not adopted any building code by August 1, 
2008 and that, by a vote of its residents, has expressly voted to reject the application 
or enforcement of that code. 
A municipality described in paragraph A or B may not adopt or enforce a building code 
other than the Maine Uniform Building Code, the Maine Uniform Energy Code or the 
Maine Uniform Building and Energy Code. 
Sec. 3.  Retroactivity.  This Act applies retroactively to July 1, 2012. 
SUMMARY 
This bill allows a municipality of more than 4,000 residents that has not adopted a 
building code by August 1, 2008 and that, by a vote of the residents of that municipality, 
has expressly rejected the application or enforcement of the Maine Uniform Building and 
Energy Code to be exempt from the Maine Uniform Building and Energy Code.  If that 
municipality does adopt a building code, however, it must be the Maine Uniform 
Building and Energy Code.