An Act To Return to Building Code Requirements in Effect Prior to the Adoption of the Maine Uniform Building and Energy Code
Maine Legislature, Session 126, LD 1420
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CAMPBELL, THOMAS, CRAY, GIFFORD, JOHNSON, SHERMAN
Amends: 5 MRSA §12004-G, 10 MRSA §1415-J, 10 MRSA §1415-K, 22 MRSA §776, 25 MRSA §2351-A, 25 MRSA §2353-A, 25 MRSA §2356, 25 MRSA §2357-A, 25 MRSA §2361, 25 MRSA §2448-A, 25 MRSA §2450, 25 MRSA §2450-A, 30-A MRSA §4215, 30-A MRSA §4451, 30-A MRSA §4452, 35-A MRSA §10104

Legislative Document 
No. 1420 
H.P. 1008 
House of Representatives, April 16, 2013 
An Act To Return to Building Code Requirements in Effect Prior to 
the Adoption of the Maine Uniform Building and Energy Code 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CAMPBELL of Orrington. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: CRAY of Palmyra, GIFFORD of Lincoln, JOHNSON of Eddington, Senator: 
SHERMAN of Aroostook. 
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repealed.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 §1415-J is enacted to read: 
§1415-J.  Mandatory standards for residential construction 
1.  Multifamily structures.  Effective December 1, 2013 any new construction or 
renovation of a conditioned space in any residential building of more than 2 dwelling 
units must conform to: 
A.  Chapter 11 of the International Residential Code for One- and Two-Family 
Dwellings adopted by the International Code Council in 2003 or the 2003 edition of 
the International Energy Conservation Code published by the International Code 
Council; and 
B.  The standards adopted by ASHRAE in 2003 for ventilation practices in residential 
low-rise building construction entitled "Ventilation and Acceptable Indoor Air 
Quality in Low-Rise Residential Buildings," commonly referred to as ASHRAE 62.2-
2003. 
2.  Waiver.  A waiver from subsection 1 may be granted by the commission on a 
case-by-case basis for instances of renovation as defined by section 1413, subsection 15.  
In regards to the renovation of historic buildings, a waiver is granted when the Executive 
Director of the State Historic Preservation Commission determines that adherence to the 
energy building standards would result in irreparable damage to the historic character of a 
building on the National Register of Historic Places, eligible for nomination to the 
national register or designated as a historic building by a certified municipal historic 
preservation ordinance.  In other instances, such as the rebuilding of a structure damaged 
by fire or a historic preservation project when maintaining historic character is not an 
issue, the Public Utilities Commission may grant a waiver when it can be shown that the 
additional cost of meeting the energy building standards would make the building 
renovation economically infeasible. 
3.  Waiver decision.  The commission shall render a decision on an application for a 
waiver from the standards within 30 days of the receipt by the commission of a complete 
application for a waiver. In rendering a decision, the commission may place conditions 
upon the granting of a waiver. Failure on the part of the commission to render a decision 
within the 30-day period constitutes approval of the request for the waiver. 
4.  Waiver application.  A request for a waiver under subsection 2 must be 
submitted to the commission in writing and must contain the location of the renovation, 
the intended use of the building and the names of the owner, designer and contractor or 
builder.  If applying for a waiver under the historic preservation provisions of subsection 
2, information on the historic character of the building must be provided to the 
commission.  If applying for a waiver under the economic hardship provisions of 
subsection 2, information on the economic infeasibility must be provided to the 
commission. 
Sec. 3.  10 MRSA §1415-K is enacted to read: 
§1415-K.  Mandatory standards for commercial construction 
Except as provided in this section, new construction or substantial renovation of any 
commercial building undertaken after December 1, 2013 must conform to ASHRAE 
Standard 62-2001 and either ASHRAE Standard 90.1-2001 or the 2003 edition of the 
International Energy Conservation Code published by the International Code Council 
under any of the compliance methods specified in the standards. For the purpose of this 
section, "substantial renovation" means any renovation for which the cost exceeds 50% of 
the building's current value prior to renovation.  
1.  Construction in anticipation of future sale or rental.  Any person who 
constructs any commercial building after December 1, 2013 with the intent to sell or lease 
the building to another party whose energy requirements are unknown at the time of 
construction is subject to the following provisions. 
A.  The person constructing the building shall employ construction techniques and 
design features that permit the ready installation of energy-efficient equipment and 
materials sufficient to meet the standards established under this section that are 
applicable to all reasonably foreseeable uses of the building. 
B.  The person to whom the building is sold or leased is responsible for promptly 
installing the materials and equipment necessary for the building to conform with the 
standards established under this section. 
Sec. 4.  10 MRSA c. 1103, as amended, is repealed. 
Sec. 5.  10 MRSA c. 1105 is enacted to read: 
CHAPTER 1105 
MAINE MODEL BUILDING CODE 
§9731.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Maine Model Building Code.  Except as provided in section 9733, "Maine 
Model Building Code" includes: 
A.  The 2003 version of the International Residential Code; and 
B.  The 2003 version of the International Building Code. 
§9732.  Limitation on code adoption 
A town, city or municipality may not adopt a residential building code or 
nonresidential building code other than the Maine Model Building Code after the 
effective date of this chapter.  A town, city or municipality that adopts the Maine Model 
Building Code may adopt amendments to the code at any time, as long as such an 
amendment does not result in the adoption of all or a significant portion of any code other 
than the code adopted pursuant to this section.  This section may not be construed to 
prevent a town, city or municipality from selectively adopting parts or portions of the 
Maine Model Building Code or from adopting a building rehabilitation code. 
§9733.  Law in conflict with Maine Model Building Code 
To the extent that provisions of the Maine Model Building Code conflict with the 
following provisions of law, those provisions of the Maine Model Building Code are not 
applicable and may not be enforced: 
1.  Fire safety codes and standards.  Fire safety codes and standards adopted 
pursuant to Title 25, sections 2452 and 2465; 
2.  Electrical standards.  Electrical standards adopted pursuant to Title 32, section 
1153-A; 
3.  Plumbing code.  The plumbing code adopted pursuant to Title 32, section 
3403-B; 
4.  Oil and solid fuel burning equipment standards.  Oil and solid fuel burning 
equipment standards adopted pursuant to Title 32, section 18107; 
5.  Propane and natural gas equipment standards.  Propane and natural gas 
equipment standards adopted pursuant to Title 32, section 18107; 
6.  Boiler and pressure vessel standards.  Boiler and pressure vessel standards 
adopted pursuant to Title 32, section 15104-A; 
7.  Elevator standards.  Elevator standards adopted pursuant to Title 32, section 
15228; and 
8.  Energy efficiency standards.  Energy efficiency standards adopted pursuant to 
section 1415-K. 
§9734.  References within Maine Model Building Code 
Codes and standards other than the International Residential Code and the 
International Building Code that are referenced within the Maine Model Building Code 
are not automatically adopted as part of the Maine Model Building Code. 
§9735.  Municipal codes adopted prior to effective date of chapter 
A residential building code or nonresidential building code adopted by a town, city or 
municipality prior to the effective date of this chapter is not invalidated by this chapter, 
and nothing in this chapter may be construed to affect the validity of such a residential 
building code or nonresidential building code. 
§9736.  Additional training not required 
This chapter does not require the Department of Economic and Community 
Development to provide any training or certification of building officials in any areas 
other than those enumerated in Title 30-A, section 4451, subsection 2-A. 
Sec. 6.  22 MRSA §776, sub-§2, as amended by PL 2011, c. 144, §3, is repealed. 
Sec. 7.  25 MRSA §2351-A, as amended by PL 2011, c. 582, §3, is further 
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 skilled 
in the construction of buildings and shall determine the building official's compensation.  
If a building official is appointed by a municipality that has adopted or is enforcing the 
Maine Uniform Model Building and Energy Code or a portion of the Maine Uniform 
Model Building and Energy Code pursuant to Title 10, section 9724 9732, that building 
official must be certified in building standards pursuant to Title 30-A, section 4451, 
subsection 2-A, paragraph E.  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 §2353-A, as amended by PL 2011, c. 582, §4, is further 
amended to read: 
§2353-A.  Duty to inspect buildings under construction 
 The building official shall inspect each building during the process of construction 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.  For a building official in a 
municipality that is enforcing has adopted the Maine Uniform Model Building and 
Energy Code pursuant to Title 10, section 9724 9732, unless the municipality is enforcing 
that code by means of 3rd-party inspectors pursuant to section 2373, subsection 4, the 
building official shall inspect each building during the process of construction for 
compliance with the Maine Uniform Model Building and Energy Code adopted pursuant 
to Title 10, chapter 1103 1105. 
Sec. 9.  25 MRSA §2356, as amended by PL 2011, c. 582, §5, is repealed. 
Sec. 10.  25 MRSA §2357-A, as amended by PL 2011, c. 582, §6, is further 
amended to read: 
§2357-A.  No occupancy without certificate; appeal 
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 
inspections required by section 2353-A.  A building in a municipality of more than 2,000 
inhabitants that has adopted or is enforcing the Maine Uniform Model Building and 
Energy Code pursuant to Title 10, section 9724 9732 may not be occupied until the 
building official has given a certificate of occupancy for compliance with the Maine 
Uniform Model 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 1105.  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  or 
through an alternative appeal process that has been established by ordinance pursuant to 
Title 10, section 9724, subsection 5.  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. 11.  25 MRSA §2361, as amended by PL 2011, c. 365, §8, 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, 
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 1105; 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 1105. 
Sec. 12.  25 MRSA c. 314, as amended, is repealed. 
Sec. 13.  25 MRSA §2448-A, sub-§2, ¶H, as enacted by PL 2009, c. 364, §2, is 
repealed. 
Sec. 14.  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. 15.  25 MRSA §2450-A, as amended by PL 2011, c. 633, §12 and c. 655, Pt. 
FF, §4 and affected by §16, is repealed. 
Sec. 16.  30-A MRSA §4215, sub-§4, as amended by PL 2011, c. 655, Pt. FF, §5 
and affected by §16, is further amended to read: 
4.  Fees.  The plumbing inspector shall issue any permit under this section upon 
receipt and approval of a completed application form as prescribed by the commissioner 
and payment by the applicant of the fee established by the municipality.  The fee must be 
at least the minimum amount determined by rule of the department.  One-quarter of the 
amount of the minimum fee must be paid through the department to the Treasurer of State 
to be maintained as a permanent fund and used by the department to implement its 
subsurface wastewater disposal rules, to administer the receipt and collation of completed 
permits and to issue plumbing permit labels to the municipality and by the Department of 
Economic and Community Development, Office of Community Development for training 
and certification of local plumbing inspectors.  The department and the Department of 
Economic and Community Development, Office of Community Development shall 
together determine an amount to be transferred annually by the Treasurer of State for 
training and certification of local plumbing inspectors to the Maine Code Enforcement 
Training and Certification Fund established in section 4451, subsection 3-B.  The 
remainder of the fee must be paid to the treasurer of the municipality. 
Sec. 17.  30-A MRSA §4451, sub-§1, ¶D, as amended by PL 2011, c. 655, Pt. 
FF, §8 and affected by §16, is further amended to read: 
D.  An individual whose certification has expired or is about to expire may be 
temporarily authorized in writing by the Department of Economic and Community 
Development, Office of Community Development to extend that individual's 
certification for a period not to exceed 12 months in cases where the necessary 
training or examination is suspended under subsection 3-B, paragraph E. 
Sec. 18.  30-A MRSA §4451, sub-§2-A, ¶E, as amended by PL 2011, c. 613, 
§27 and affected by §29, is further amended to read: 
E.  Building standards under chapter 141; chapter 185, subchapter 1; Title 5, sections 
4582-B, 4582-C and 4594-F; beginning June 1, 2010 December 1, 2013, Title 10, 
chapter 1103 1105; and Title 25, chapter 313. 
Sec. 19.  30-A MRSA §4451, sub-§3-A, as amended by PL 2011, c. 655, Pt. FF, 
§8 and affected by §16, is repealed. 
Sec. 20.  30-A MRSA §4451, sub-§3-B, as amended by PL 2011, c. 655, Pt. FF, 
§8 and affected by §16, is repealed. 
Sec. 21.  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. 22.  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. 23.  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. 24.  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. 25.  30-A MRSA §4452, sub-§5, ¶V, as reallocated by RR 2007, c. 2, §18, 
is repealed. 
Sec. 26.  35-A MRSA §10104, sub-§9, as amended by PL 2011, c. 627, §5, is 
further 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 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 State Workforce Investment 
Board and energy efficiency and weatherization programs administrated by the Maine 
State Housing Authority. 
Sec. 27.  PL 2007, c. 699, §27, as amended by PL 2009, c. 261, Pt. A, §17, is 
repealed. 
Sec. 28.  Effective date.  This Act takes effect December 1, 2013. 
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 reestablishes the Maine Model Building Code, which was 
repealed by Public Law 2007, chapter 699 and replaced by the Maine Uniform Building 
and Energy Code.  The bill has a delayed effective date of December 1, 2013.