An Act To Remove the Municipal Mandate To Enforce the Maine Uniform Building and Energy Code
Maine Legislature, Session 127, LD 1191
Committee: Labor, Commerce, Research and Economic Development
Sponsors: THIBODEAU, CUSHING, DAVIS, VOLK, TURNER, WARD
Amends: 10 MRSA §9724, 25 MRSA §2373

Legislative Document 
No. 1191 
S.P. 418 
In Senate, April 1, 2015 
An Act To Remove the Municipal Mandate To Enforce 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 
Secretary of the Senate 
Presented by President THIBODEAU of Waldo. 
Cosponsored by Senators: CUSHING of Penobscot, DAVIS of Piscataquis, VOLK of 
Cumberland, Representatives: TURNER of Burlington, WARD of Dedham. 
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-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. 3.  10 MRSA §9724, sub-§1-C is enacted to read: 
1-C.  Municipalities of more than 4,000 residents.  A municipality of more than 
4,000 residents may not adopt or enforce a building code other than 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 more than 4,000 residents except to the extent the municipality has 
adopted the Maine Uniform Building and Energy Code pursuant to this subsection.  The 
Maine Uniform Building and Energy Code must be enforced through inspections that 
comply with Title 25, section 2373.  
Sec. 4.  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 residents and 
that has adopted any building the 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 Code, the Maine Uniform Energy Code or the Maine Uniform Building and 
Energy Code. 
This bill allows, but does not require, a municipality of more than 4,000 residents to 
adopt and enforce a building code, but it restricts the code that may be adopted or 
enforced by that municipality to the Maine Uniform Building and Energy Code.