An Act Regarding Building Codes
Maine Legislature, Session 129, LD 1675
Committee: Criminal Justice and Public Safety
Sponsors: BELLOWS
Amends: 10 MRSA §9724, 25 MRSA §2351-A, 25 MRSA §2357-A, 25 MRSA §2373

Legislative Document
No. 1675
S.P. 549
In Senate, May 2, 2019
An Act Regarding Building Codes
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BELLOWS of Kennebec.
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.  Beginning July 1, 2020, 
the Maine Uniform Building and Energy Code must be enforced in all municipalities.  
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 
repealed.
Sec. 3.  10 MRSA §9724, sub-§1-B, as enacted by PL 2011, c. 505, §1, is 
repealed.
Sec. 4.  10 MRSA §9724, sub-§5, as amended by PL 2011, c. 582, §1, is further 
amended to read:
5.  Exception.  This section does not prohibit the adoption or enforcement of an 
ordinance of any political subdivision that sets forth provisions for local enforcement of 
building codes.  If such an ordinance does not provide for a process to appeal decisions 
made by building officials administering and enforcing the Maine Uniform Building 
Code, the Maine Uniform Energy Code or the Maine Uniform Building and Energy 
Code, an appeal may be taken in the same manner as provided under Title 30-A, section 
4103, subsection 5.  This section does not prohibit the adoption or enforcement of an 
ordinance of any political subdivision that sets forth the swimming pool fencing 
standards, without amendment, contained in Appendix G of the 2nd edition of the 2009 
International Residential Code.
A.  The requirements of the Maine Uniform Building and Energy Code do not apply 
to:
(1)  Log homes or manufactured housing as defined in chapter 951;
(2)  Post and beam or timber frame construction; or
(3)  Warehouses or silos used to store harvested crops.; or
(4)  Houses constructed and occupied prior to January 1, 2007 or any 
modification of or addition to houses constructed and occupied prior to January 
1, 2007 other than a complete demolition and rebuilding of the house.  
Notwithstanding any other provision of law to the contrary, a municipality may 
not require architectural plans to be filed with the municipality for any 
construction covered by this subparagraph.
Sec. 5.  10 MRSA §9724, sub-§6, as enacted by PL 2011, c. 582, §2, is amended 
to read:
6.  Adoption by reference.  The Maine Uniform Building Code, the Maine Uniform 
Energy Code and the Maine Uniform Building and Energy Code may be adopted by 
reference by a municipality as specified in Title 30-A, section 3003.
Sec. 6.  25 MRSA §2351-A, as amended by PL 2011, c. 582, §3, is further 
amended to read:
§2351-A.  Building official; compensation; deputy
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 
inhabitants or less, if such a town so votes at a town meeting, and in each village 
corporation, if such a corporation so votes at the annual meeting of the corporation, the 
municipal officers shall annually in the month of April appoint a building official and 
shall determine the building official's compensation.  If a building official is appointed by 
a municipality that has adopted or is enforcing the Maine Uniform Building and Energy 
Code or a portion of the Maine Uniform Building and Energy Code pursuant to Title 10, 
section 9724, that No later than July 1, 2020, the building official must be certified in 
building standards pursuant to Title 30-A, section 4451, subsection 2-A, paragraph E.  
Whenever the building official becomes incapacitated, the municipal officers may 
appoint or authorize the building official to appoint a deputy building official, who shall 
serve until removed by the municipal officers, but in no event beyond the term for which 
the building official was appointed.  The deputy building official shall perform such 
duties as may be required of the deputy building official by the building official.  The 
compensation of the deputy building official is determined by the municipal officers.
Sec. 7.  25 MRSA §2357-A, as amended by PL 2011, c. 582, §6, is further 
amended to read:
§2357-A.  No occupancy without certificate; appeal
A building in a municipality of more than 2,000 inhabitants may not be occupied 
until the building official has given a certificate of occupancy for compliance with the 
inspections required by section 2353-A.  A In accordance with the application provisions 
of Title 10, section 9724, a building in a municipality of more than 2,000 inhabitants that 
has adopted or is enforcing the Maine Uniform Building and Energy Code pursuant to 
Title 10, section 9724 may not be occupied until the building official has given a 
certificate of occupancy for compliance with the Maine Uniform Building and Energy 
Code adopted pursuant to Title 10, chapter 1103, and in accordance with the required 
enforcement and inspection options provided in section 2373.  The building official may 
issue the certificate of occupancy upon receipt of an inspection report by a certified 
3rd-party inspector pursuant to section 2373, subsection 4.  The municipality has no 
obligation to review a report from a 3rd-party inspector for accuracy prior to issuing the 
certificate of occupancy.  If the owner permits it to be so occupied without such 
certificate, the owner must be penalized in accordance with Title 30-A, section 4452.  In 
case the building official for any cause declines to give that certificate and the builder has 
in the builder's own judgment complied with section 2353-A, an appeal may be taken 
pursuant to Title 30-A, section 4103, subsection 5  or through an alternative appeal 
process that has been established by ordinance pursuant to Title 10, section 9724, 
subsection 5.  If on such appeal it is decided that section 2353-A has been complied with, 
the owner of the building is not liable to a fine for want of the certificate of the building 
official.
Sec. 8.  25 MRSA §2373, as amended by PL 2011, c. 408, §6 and c. 633, §10, is 
further amended to read:
§2373.  Municipal inspection options
The 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 in accordance with Title 10, section 9724.  
The code must be enforced through inspections that comply with the code through any of 
the following means:
1.  Building officials.  Building officials and local code enforcement officers;
2.  Interlocal agreements.  Interlocal agreements with other municipalities that share 
the use of building officials certified in building standards pursuant to Title 10, section 
9723;
3.  Contractual agreements.  Contractual agreements with county or regional 
authorities that share the use of building officials certified in building standards pursuant 
to Title 10, section 9723; and
4.  Third-party inspectors.  Reports from 3rd-party inspectors certified pursuant to 
Title 10, section 9723 submitted to the building official prior to obtaining a certificate of 
occupancy in section 2357-A that are obtained pursuant to independent contractual 
arrangements between the building owner and 3rd-party inspector or the municipality and 
3rd-party inspector.  A municipality that relies on 3rd-party inspectors must contract with 
one or more 3rd-party inspectors selected through a competitive bidding process.  
Nothing in this subsection prohibits 3rd-party inspectors from jointly bidding on any 
competitive solicitation by a municipality.
SUMMARY
This bill amends laws relating to the Maine Uniform Building and Energy Code.
1.  It provides that beginning July 1, 2020, the Maine Uniform Building and Energy 
Code must be enforced in all municipalities regardless of population.
2.  It exempts a house constructed and occupied prior to January 1, 2007 or any 
modification of or addition to a house constructed and occupied prior to January 1, 2007 
other than a complete demolition and rebuilding of the house from the requirements of 
the Maine Uniform Building and Energy Code.  A municipality is prohibited from 
requiring architectural plans to be filed for such a modification or addition.
3.  It removes the option for municipalities to use 3rd-party inspectors contracted and 
paid for by building owners and requires municipalities that use 3rd-party inspectors to 
contract directly with these inspectors and to select them through a competitive bidding 
process.  It allows 3rd-party inspectors to jointly bid on a competitive solicitation by a 
municipality.