An Act Regarding the Municipalities to Which the Maine Uniform Building and Energy Code Applies
Maine Legislature, Session 127, LD 1093
Committee: State and Local Government
Sponsors: HIGGINS, DAVIS, HEAD, HERRICK, HILLIARD, LYFORD, O'CONNOR, PICKETT, PIERCE, WALLACE
Amends: 10 MRSA §9724, 25 MRSA §2373

Legislative Document 
No. 1093 
H.P. 754 
House of Representatives, March 25, 2015 
An Act Regarding the Municipalities to Which the Maine Uniform 
Building and Energy Code Applies 
Reference to the Committee on State and Local Government suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative HIGGINS of Dover-Foxcroft. 
Cosponsored by Senator DAVIS of Piscataquis and 
Representatives: HEAD of Bethel, HERRICK of Paris, HILLIARD of Belgrade, LYFORD of 
Eddington, O'CONNOR of Berwick, PICKETT of Dixfield, PIERCE of Dresden, WALLACE 
of Dexter. 
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.  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 
amended to read: 
1-A.  Municipalities up to 5,000 residents.  A municipality of up to 4,000 5,000 
residents 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.  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 
that has 4,000 5,000 or fewer residents except to the extent the municipality has adopted 
that code pursuant to this subsection. 
Sec. 3.  10 MRSA §9724, sub-§1-B, as enacted by PL 2011, c. 505, §1, is 
amended to read: 
1-B.  Residents.  For the purposes of subsections 1 and 1-A and 1-C, "residents" does 
not include persons held at a correctional facility, as defined in Title 34-A, section 1001, 
subsection 6, within the municipality. 
Sec. 4.  10 MRSA §9724, sub-§1-C is enacted to read: 
1-C.  Municipalities of more than 5,000 residents.  The Maine Uniform Building 
and Energy Code must be enforced in a municipality that has more than 5,000 residents. 
The Maine Uniform Building and Energy Code must be enforced through inspections that 
comply with Title 25, section 2373. 
Sec. 5.  25 MRSA §2373, first ¶, as amended by PL 2011, c. 408, §6, is further 
amended to read: 
The code must be enforced in a municipality that has more than 4,000 5,000 residents 
and that has adopted any building code by August 1, 2008.  Beginning July 1, 2012, the 
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.  The code must be enforced through 
inspections that comply with the code through any of the following means: 
SUMMARY 
Under current law, all municipalities of more than 4,000 residents must enforce the 
Maine Uniform Building and Energy Code.  Municipalities with 4,000 or fewer residents 
are not required to adopt or enforce the Maine Uniform Building and Energy Code, but if 
such a municipality adopts or enforces a building code, it must be the Maine Uniform 
Building and Energy Code. 
This bill increases the minimum threshold after which a municipality is required to 
enforce the Maine Uniform Building and Energy Code to more than 5,000 residents.