An Act To Allow Municipalities To Adopt Stricter Building and Energy Code Standards Than the Maine Uniform Building and Energy Code
Maine Legislature, Session 129, LD 0921
Committee: Labor and Housing
Sponsors: KESSLER, INGWERSEN, CHIPMAN, CAIAZZO, FECTEAU, RYKERSON
Amends: 10 MRSA §9724

Legislative Document
No. 921
H.P. 676
House of Representatives, February 21, 2019
An Act To Allow Municipalities To Adopt Stricter Building and 
Energy Code Standards Than the Maine Uniform Building and 
Energy Code
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative KESSLER of South Portland.
Cosponsored by Representative INGWERSEN of Arundel, Senator CHIPMAN of Cumberland 
and Representatives: CAIAZZO of Scarborough, FECTEAU of Biddeford, RYKERSON of 
Kittery.
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 or a 
building code and an energy code containing standards more stringent than those 
contained in 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 Beginning October 15, 2019, a municipality may adopt a building code and 
an energy code containing standards more stringent than those contained in the Maine 
Uniform Building and Energy Code.  Prior to establishing building code and energy code 
standards more stringent than those contained in the Maine Uniform Building and Energy 
Code, municipalities must receive written approval from the board.  All building codes 
and energy codes 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 4,000 residents.  A municipality of up to 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 or a 
building code or energy code containing standards more stringent than those contained in 
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 or fewer residents except to the extent the 
municipality has adopted that code pursuant to this subsection.  Prior to establishing 
building code or energy code standards more stringent than those contained in the Maine 
Uniform Building and Energy Code, municipalities must receive written approval from 
the board.
SUMMARY
This bill authorizes municipalities to adopt building and energy code requirements 
that are more strict than those contained in the Maine Uniform Building and Energy 
Code.