An Act To Preserve Code Enforcement Officer Training and Certification
Maine Legislature, Session 126, LD 1565
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CAREY
Amends: 5 MRSA §13072, 10 MRSA §9723, 25 MRSA §2374, 25 MRSA §2450-A, 30-A MRSA §4215, 30-A MRSA §4221, 30-A MRSA §4451, 30-A MRSA §4452, 30-A MRSA §4453

Legislative Document 
No. 1565 
H.P. 1135 
House of Representatives, June 19, 2013 
An Act To Preserve Code Enforcement Officer Training and 
Certification 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CAREY of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §13072, sub-§7, ¶A, as amended by PL 2011, c. 655, Pt. FF, §1 
and affected by §16, is further amended to read: 
A.  The Community Development Block Grant Program; and. 
Sec. 2.  5 MRSA §13072, sub-§7, ¶G, as enacted by PL 2011, c. 655, Pt. FF, §1 
and affected by §16, is repealed. 
Sec. 3.  10 MRSA §9723, sub-§2, as amended by PL 2011, c. 633, §6 and c. 655, 
Pt. FF, §2 and affected by §16, is repealed and the following enacted in its place: 
2.  Training program standards; implementation.  The committee shall direct the 
training coordinator of the 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 Department of Environmental 
Protection, Bureau of Land Quality Control, pursuant to Title 30-A, section 4451, 
subsection 3-A, shall implement the training and certification program established under 
this chapter. 
Sec. 4.  25 MRSA §2374, as amended by PL 2011, c. 633, §11 and c. 655, Pt. FF, 
§3 and affected by §16, is repealed and the following enacted in its place: 
§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 
division under this chapter and the activities of the board under Title 10, chapter 1103 and 
the Department of Environmental Protection, Bureau of Land Quality Control 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 Department of 
Environmental Protection, Bureau of Land Quality Control 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. 5.  25 MRSA §2450-A, as amended by PL 2011, c. 633, §12 and c. 655, Pt. 
FF, §4 and affected by §16, is repealed and the following enacted in its place: 
§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 Title 10, chapter 1103, the 
activities of the division under chapter 314 and the activities of the Department of 
Environmental Protection, Bureau of Land Quality Control 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. 6.  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 
Environmental Protection, Bureau of Land Quality Control for training and certification 
of local plumbing inspectors.  The department and the Department of Economic and 
Community Development, Office of Community Development Environmental Protection, 
Bureau of Land Quality Control 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. 7.  30-A MRSA §4221, sub-§1, as amended by PL 2011, c. 655, Pt. FF, §6 
and affected by §16, is further amended to read: 
1.  Appointment; compensation; removal.  In every municipality, the municipal 
officers shall appoint one or more inspectors of plumbing, who need not be residents of 
the municipality for which they are appointed. Plumbing inspectors are appointed for a 
term of one year or more and must be sworn and the appointment recorded as provided in 
section 2526, subsection 9.  An individual properly appointed as plumbing inspector and 
satisfactorily performing the duties may continue in that capacity after the term has 
expired until replaced.  The municipal officers shall notify the department and the 
Department of Economic and Community Development, Office of Community 
Development Environmental Protection, Bureau of Land Quality Control of the 
appointment of a plumbing inspector in writing within 30 days of the appointment. 
Compensation of plumbing inspectors is determined by the municipal officers and paid 
by the respective municipalities. 
The municipal officers may remove a plumbing inspector for cause, after notice and 
hearing. 
Sec. 8.  30-A MRSA §4451, as amended by PL 2011, c. 613, §27 and affected by 
§29 and amended by c. 655, Pt. FF, §8 and affected by §16, is further amended to read: 
§4451.  Training and certification for code enforcement officers 
1.  Certification required; exceptions.  A municipality may not employ any 
individual to perform the duties of a code enforcement officer who is not certified by the 
former State Planning Office or, the Department of Economic and Community 
Development, Office of Community Development or the Department of Environmental 
Protection, Bureau of Land Quality Control, except that: 
A.  An individual other than an individual appointed as a plumbing inspector has 12 
months after beginning employment to be trained and certified as provided in this 
section; 
B.  Whether or not any extension is available under paragraph A, the Department of 
Economic and Community Development, Office of Community Development 
Environmental Protection, Bureau of Land Quality Control may waive this 
requirement for up to one year if the certification requirements cannot be met without 
imposing a hardship on the municipality employing the individual;  
C.  An individual may be temporarily authorized in writing by the Department of 
Health and Human Services, Division of Health Engineering to be employed as a 
plumbing inspector for a period not to exceed 12 months; and 
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 Environmental Protection, Bureau 
of Land Quality Control 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. 
2.  Penalty.  Any municipality that violates this section commits a civil violation for 
which a forfeiture of not more than $100 may be adjudged.  Each day in violation 
constitutes a separate offense. 
2-A.  Code enforcement officer; definition and duties.  As used in this subchapter, 
"code enforcement officer" means a person certified under this section and employed by a 
municipality to enforce all applicable laws and ordinances in the following areas: 
A.  Shoreland zoning under Title 38, chapter 3, subchapter 1, article 2-B; 
B.  Comprehensive planning and land use under Part 2, Subpart 6-A; 
C.  Internal plumbing under chapter 185, subchapter 3; 
D.  Subsurface wastewater disposal under chapter 185, subchapter 3; and 
E.  Building standards under chapter 141; chapter 185, subchapter 1; Title 5, sections 
4582-B, 4582-C and 4594-F; beginning June 1, 2010, Title 10, chapter 1103; and 
Title 25, chapter 313. 
3.  Training and certification of code enforcement officers.  In cooperation with 
code enforcement officer professional associations, the Maine Community College 
System, the Department of Environmental Protection, the Department of Health and 
Human Services and the Department of Public Safety, except as otherwise provided in 
paragraph H, the Department of Economic and Community Development, Office of 
Community Development Environmental Protection, Bureau of Land Quality Control 
shall establish a continuing education program for individuals engaged in code 
enforcement.  This program must provide basic training in the technical and legal aspects 
of code enforcement necessary for certification.  The basic training program must include 
training to provide familiarity with the laws and ordinances related to the structure and 
practice of the municipal code enforcement office, municipal planning board and appeals 
board procedures, application review and permitting procedures, inspection procedures 
and enforcement techniques. 
H.  If funding is not available to support the training and certification program 
authorized under this subsection, the Department of Economic and Community 
Development, Office of Community Development shall discontinue training and 
certification activities related to laws and ordinances referenced in subsection 2-A, 
paragraphs A and B and shall adopt by routine technical rules under Title 5, chapter 
375, subchapter 2-A a program to register code enforcement officers that meet 
training and education qualifications.  The Department of Economic and Community 
Development, Office of Community Development shall publish the list of persons 
registered for code enforcement who have submitted evidence of required 
qualifications.  Persons registered under this paragraph must meet the requirements 
for training and certification under this subchapter.  The Department of Economic 
and Community Development, Office of Community Development shall consult with 
the Department of Health and Human Services for the purposes of carrying out 
training and certification activities related to laws and ordinances referenced in 
subsection 2-A, paragraphs C and D.  Within one month of discontinuation of 
training and certification under this paragraph, the Department of Economic and 
Community Development, Office of Community Development shall report to the 
joint standing committee of the Legislature having jurisdiction over appropriations 
and financial affairs and the joint standing committee of the Legislature having 
jurisdiction over state and local government matters a recommendation for funding 
the training and certification program or for further changes in program requirements. 
3-A.  Training and certification of inspectors in the Maine Uniform Building and 
Energy Code.  In accordance with the training and certification requirements developed 
pursuant to Title 10, section 9723, the Department of Economic and Community 
Development, Office of Community Development Environmental Protection, Bureau of 
Land Quality Control shall provide the training necessary to certify municipal building 
officials, local code enforcement officers and 3rd-party inspectors. 
3-B.  Maine Code Enforcement Training and Certification Fund.  The Maine 
Code Enforcement Training and Certification Fund, referred to in this section as "the 
fund," is established as a nonlapsing fund to support training and certification programs 
administered by the Department of Economic and Community Development, Office of 
Community Development Environmental Protection, Bureau of Land Quality Control for 
code enforcement officers, local plumbing inspectors, municipal building officials and 
3rd-party inspectors in accordance with this subchapter. 
A.  Beginning July 1, 2009, and each year thereafter on July 1st, the funds identified 
in section 4215, subsection 4 for training and certifying local plumbing inspectors 
must be transferred to the fund. 
B.  Beginning July 1, 2009, and each year thereafter on July 1st, the funds identified 
in Title 25, section 2374 for training and certifying municipal building officials, local 
code enforcement officers and 3rd-party inspectors must be transferred to the fund. 
C.  The Department of Economic and Community Development, Office of 
Community Development Environmental Protection, Bureau of Land Quality Control 
shall place in the fund any money it receives from grants to support the requirements 
of this subchapter. 
D.  Funds related to code enforcement training and certification may be expended 
only in accordance with allocations approved by the Legislature and solely for the 
administration of this subchapter.  Any balance remaining in the fund at the end of 
any fiscal year may not lapse but must be carried forward to the next fiscal year. 
E.  If the fund does not contain sufficient money to support the costs of the training 
and certification provided for in this subchapter, the Department of Economic and 
Community Development, Office of Community Development may suspend all or 
reduce the level of training and certification activities. 
4.  Examination.  The Department of Economic and Community Development, 
Office of Community Development Environmental Protection, Bureau of Land Quality 
Control shall conduct at least one examination each year to examine candidates for 
certification at a time and place designated by it.  The Department of Economic and 
Community Development, Office of Community Development Environmental Protection, 
Bureau of Land Quality Control may conduct additional examinations to carry out the 
purposes of this subchapter. 
5.  Certification standards.  The Department of Economic and Community 
Development, Office of Community Development Environmental Protection, Bureau of 
Land Quality Control shall adopt routine technical rules under Title 5, chapter 375, 
subchapter 2-A to establish the qualifications, conditions and licensing standards and 
procedures for the certification and recertification of individuals as code enforcement 
officers.  A code enforcement officer need only be certified in the areas of actual job 
responsibilities.  The rules established under this subsection must identify standards for 
each of the areas of training under subsection 2-A, in addition to general standards that 
apply to all code enforcement officers. 
6.  Certification; terms; revocation.  The Department of Economic and Community 
Development, Office of Community Development Environmental Protection, Bureau of 
Land Quality Control shall certify individuals as to their competency to successfully 
enforce ordinances and other land use regulations and permits granted under those 
ordinances and regulations and shall issue certificates attesting to the competency of 
those individuals to act as code enforcement officers.  Certificates issued by the former 
State Planning Office or, the Department of Economic and Community Development, 
Office of Community Development or the Department of Environmental Protection, 
Bureau of Land Quality Control are valid for 6 years unless revoked by the District Court.  
An examination is not required for recertification of code enforcement officers.  The 
Department of Economic and Community Development, Office of Community 
Development Environmental Protection, Bureau of Land Quality Control shall recertify a 
code enforcement officer if the code enforcement officer successfully completes at least 
hours of approved training in each area of job responsibility during the 6-year 
certification period. 
A.  The District Court may revoke the certificate of a code enforcement officer, in 
accordance with Title 4, chapter 5, when it finds that: 
(1)  The code enforcement officer has practiced fraud or deception; 
(2)  Reasonable care, judgment or the application of a duly trained and 
knowledgeable code enforcement officer's ability was not used in the 
performance of the duties of the office; or 
(3)  The code enforcement officer is incompetent or unable to perform properly 
the duties of the office. 
B.  Code enforcement officers whose certificates are invalidated under this subsection 
may be issued new certificates provided that they are newly certified as provided in 
this section. 
7.  Other professions unaffected.  This subchapter may not be construed to affect or 
prevent the practice of any other profession. 
Sec. 9.  30-A MRSA §4452, sub-§7, as amended by PL 2011, c. 655, Pt. FF, §9 
and affected by §16, is further amended to read: 
7.  Natural resources protection laws.  A code enforcement officer, authorized by a 
municipality to represent that municipality in District Court and certified by the former 
State Planning Office or, the Department of Economic and Community Development, 
Office of Community Development or the Department of Environmental Protection, 
Bureau of Land Quality Control under section 4453 as familiar with court procedures, 
may enforce the provisions of Title 38, section 420-C, Title 38, chapter 3, subchapter 1, 
article 5-A and Title 38, chapter 13-D by instituting injunctive proceedings or by seeking 
civil penalties in accordance with Title 38, section 349, subsection 2. 
Sec. 10.  30-A MRSA §4453, first ¶, as amended by PL 2011, c. 655, Pt. FF, §10 
and affected by §16, is further amended to read: 
The Department of Economic and Community Development, Office of Community 
Development Environmental Protection, Bureau of Land Quality Control shall establish 
certification standards and a program to certify familiarity with court procedures for the 
following individuals: 
Sec. 11.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF  
Community Development Block Grant Program 0587 
Initiative: Transfers one Planner II position and reduces funding for related All Other 
costs due to the responsibilities for code enforcement officer training and certification 
being transferred to the Department of Environmental Protection. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Land and Water Quality 0248 
Initiative: Transfers one Planner II position and related All Other costs due to the 
responsibilities for code enforcement officer training and certification being transferred 
from the Department of Economic and Community Development to the Department of 
Environmental Protection. 
OTHER SPECIAL REVENUE FUNDS 
2013-14
2014-15
POSITIONS - LEGISLATIVE COUNT 
(1.000)
(1.000)
Personal Services 
($67,245)
($71,310)
All Other 
($41,233)
($41,233)
OTHER SPECIAL REVENUE FUNDS TOTAL 
($108,478)
($112,543)
ECONOMIC AND COMMUNITY 
DEVELOPMENT, DEPARTMENT OF  
DEPARTMENT TOTALS 
2013-14
2014-15
OTHER SPECIAL REVENUE FUNDS 
($108,478)
($112,543)
DEPARTMENT TOTAL - ALL FUNDS 
($108,478)
($112,543)
OTHER SPECIAL REVENUE FUNDS 
2013-14
2014-15
POSITIONS - LEGISLATIVE COUNT 
1.000
1.000
Personal Services 
$67,245
$71,310
All Other 
$41,233
$41,233
OTHER SPECIAL REVENUE FUNDS TOTAL 
$108,478
$112,543
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2013-14
2014-15
OTHER SPECIAL REVENUE FUNDS 
$108,478
$112,543
SUMMARY 
This bill reassigns the responsibilities for code enforcement officer training and 
certification from the Department of Economic and Community Development, Office of 
Community Development to the Department of Environmental Protection, Bureau of 
Land Quality Control.  Current law partially funds the position from the Maine Code 
Enforcement Training and Certification Fund, which receives fees and surcharges 
imposed for the examination of plans for construction, reconstruction or repairs, 
plumbing inspections and training and certification of municipal building officials and 
code enforcement officers.  Current law also provides that if insufficient funds are 
available to support the training and certification program, the program is discontinued.  
This bill removes that provision. 
FISCAL NOTE REQUIRED 
(See attached) 
DEPARTMENT TOTAL - ALL FUNDS 
$108,478
$112,543
SECTION TOTALS 
2013-14
2014-15
OTHER SPECIAL REVENUE FUNDS 
$0
$0
SECTION TOTAL - ALL FUNDS 
$0
$0
Approved: 06/19/13
LD     
LR 2174(01)
FY 2013-14
FY 2014-15
Projections 
FY 2015-16
Projections 
FY 2016-17
Appropriations/Allocations
Other Special Revenue Funds
$0
$0
$0
$0
Fiscal Detail and Notes
This bill includes Other Special Revenue Funds deallocations of $108,478 in fiscal year 2013-14 and $112,543 in 
fiscal year 2014-15 to the Community Development Block Grant Program within the Department of Economic and 
Community Development (DECD) and corresponding Other Special Revenue Funds allocations to the Land and 
Water Quality Program within the Department of Environment Protection (DEP) to transfer one Planner II position 
from DECD to DEP to provide the required training and certification.
This legislation amends current law to require the Department of Public Safety and the Department of Environmental 
Protection, Bureau of Land Quality Control to work together to determine an amount to be transferred annually from 
the Uniform Building Codes and Standards Fund to the Maine Code Enforcement Training and Certification Fund to 
support training and certification efforts.  
This bill transfers the responsibility for code enforcement officer training and certification from the Department of 
Economic and Community Development to the Department of Environmental Protection
Fiscal Note Required: Yes
Fiscal Note
An Act To Preserve Code Enforcement Officer Training and Certification
Fiscal Note for Original Bill
Sponsor: Rep. Carey of Lewiston
Committee: Not Referred
LR2174(01) - Fiscal Note - Page 1 of 1