An Act To Allow Municipalities To Opt Not To Enforce the Maine Uniform Building and Energy Code
Maine Legislature, Session 128, LD 1392
Committee: Labor, Commerce, Research and Economic Development
Sponsors: ESPLING, CEBRA, PICKETT, SEAVEY
Amends: 10 MRSA §9721, 10 MRSA §9724, 25 MRSA §2371, 25 MRSA §2373

Legislative Document
No. 1392
H.P. 966
House of Representatives, April 11, 2017
An Act To Allow Municipalities To Opt Not To Enforce the Maine 
Uniform Building and Energy Code
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ESPLING of New Gloucester.
Cosponsored by Representatives: CEBRA of Naples, PICKETT of Dixfield, SEAVEY of 
Kennebunkport.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §9721, sub-§1-B is enacted to read: 
1-B.  Code.  "Code" means the Maine Uniform Building Code, the Maine Uniform 
Energy Code or the Maine Uniform Building and Energy Code. 
Sec. 2.  10 MRSA §9724, sub-§1, as amended by PL 2011, c. 408, §4, is further 
amended to read: 
1.  Limitations on home rule authority; adoption of building code.  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.  Beginning January 1, 2018, a municipality that has more than 4,000 residents 
must enforce either the Maine Uniform Building Code, the Maine Uniform Energy Code 
or the Maine Uniform Building and Energy Code.  The Maine Uniform Building and 
Energy Code code adopted by that municipality must be enforced through inspections 
that comply with Title 25, section 2373. 
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 that have more than 4,000 residents.  A municipality that has 
more than 4,000 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 codes do not apply in a municipality that has more 
than 4,000 residents except to the extent the municipality has adopted one or more of 
these codes pursuant to this subsection.  The codes must be enforced through inspections 
that comply with Title 25, section 2373. 
Sec. 5.  25 MRSA §2371, sub-§4, as enacted by PL 2007, c. 699, §11, is amended 
to read: 
4.  Code.  "Code" means the Maine Uniform Building Code, the Maine Uniform 
Energy Code or the Maine Uniform Building and Energy Code adopted pursuant to Title 
10, chapter 1103. 
Sec. 6.  25 MRSA §2373, first ¶, as amended by PL 2011, c. 408, §6, is further 
amended to read: 
The A 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 
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 adopted by the municipality  
must be enforced through inspections that comply with the code through any of the 
following means: 
SUMMARY 
Under current law, all municipalities that have more than 4,000 residents must 
enforce the Maine Uniform Building and Energy Code. 
This bill requires a municipality that has more than 4,000 residents to adopt and 
enforce either the Maine Uniform Building Code, the Maine Uniform Energy Code or the 
Maine Uniform Building and Energy Code.