An Act To
Maine Legislature, Session 129, LD 1509
Committee Amendment CA_A_H592 (House)
Amends: 10 MRSA §9721, 10 MRSA §9722, 10 MRSA §9724, 25 MRSA §2373

COMMITTEE AMENDMENT "A" to H.P. 1101, L.D. 1509, Bill, "An Act To 
Amend the Laws Governing the Maine Uniform Building and Energy Code To Ensure It 
Is Consistent with Current Standards and Applies to Small Municipalities" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 10 MRSA §9721, sub-§§3 and 4, as corrected by RR 2011, c. 1, §9, are 
amended to read: 
3. Maine Uniform Building Code. "Maine Uniform Building Code" means that 
portion of the Maine Uniform Building and Energy Code that does not contain energy 
code requirements as determined by the board pursuant to section 9722, subsection 6, 
paragraph M B_. 
4. Maine Uniform Energy Code. 
"Maine Unifo1m Energy Code" means that 
portion of the Maine Uniform Building and Energy Code that contains only energy code 
requirements as determined by the board pursuant to section 9722, subsection 6, 
paragraph M B,. 
Sec. 2. 10 MRSA §9722, sub-§2, as amended by PL 2011, c. 655, Pt. MM, §10 
and affected by §26, is further amended to read: 
2. 
Membership. 
The board consists of 11 voting 12 members, including the 
Director of the Efficiency Maine Trust. who serves ex officio and may not vote, and the 
following 11 individuals, who are voting members appointed by the Governor: 
A. The State Fire Marshal or a designee or a fire chief, recommended by the Maine 
Fire Chiefs' Association or its successor organization; 
B. A municipal code enforcement officer employed by a municipality that is not a 
service center community under Title 30-A, chapter 187, recommended by the Maine 
Municipal Association or its successor organization; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1101, L.D. 1509 
C. A municipal code enforcement officer employed by a service center community 
under Title 30-A, chapter 187, recommended by the Maine Service Centers Coalition 
or its successor organization; 
D. 
A residential builder recommended by a statewide or regional association of 
home builders and remodelers; 
E. 
A commercial builder recommended by a statewide association of general 
contractors; 
F. An architect licensed in the State who is accredited by a nationally recognized 
organization that administers credentialing programs related to environmentally 
sound building practices and standards, recommended by a statewide chapter of a 
national institute of architects; 
G. 
A structural engineer licensed in the State, recommended by a statewide 
association ofstructural engineers; 
H. 
A historic preservation representative, recommended by the Maine Historic 
Preservation Commission, with experience implementing the standards for the 
treatment of historic properties set forth in 36 Code of Federal Regulations, Part 68 
(2007), who is: 
(1) An architect licensed in the State; 
(2) A structural engineer licensed in the State; or 
(3) A builder; 
I. 
An energy efficiency representative, recommended by the Director of the 
Governor's Energy Office within the Executive Department, who has experience or 
expertise in the design or implementation of energy codes or in the application of 
energy efficiency measures in residential or commercial construction; 
J. 
A mechanical engineer licensed in the State, recommended by a statewide 
association of mechanical engineers; and 
K. A lumber material dealer or supplier, recommended by a statewide association of 
lumber dealers in the State. 
A member appointed under this subsection must have at least 5 years' experience in the 
field that member is nominated to represent and must be employed in that field. 
Sec. 3. 10 MRSA §9722, sub-§4, as enacted by PL 2007, c. 699, §6, is amended 
to read: 
4. Terms; removal. Appointments to Appointed members of the board are made for 
a appointed for 4-year term, terms and members are eligible for reappointment. If there is 
a vacancy for any cause among the appointed members, the Governor shall make an 
appointment immediately effective for the unexpired term. A An appointed member of 
the board may be removed from the board for cause by the Governor. 
Sec. 4. 10 MRSA §9722, sub-§6, as amended by PL 2015, c. 126, §§1 to 3, is 
9 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1101, L.D. 1509 
6. Duties and powers. In addition to other duties set forth in this chapter, the board 
shall: 
A. 
Adopt rules in accordance with the Maine Administrative Procedure Act 
necessary to carry out its duties under this chapter. Rules adopted pursuant to this 
chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; 
B. Adopt, amend and maintain the Maine Uniform Building and Energy Codet. The 
board shall ensure that the Maine Uniform Building and Energy Code consists of the 
following codes and standards: 
(1) International Building Code published by the International Code Council: 
(2) International Existing Building Code published by the International Code 
Council; 
(3) International Residential Code published by the International Code Council: 
(4) International Energy Conservation Code published by the International Code 
Council; 
(5) International Mechanical Code published by the International Code Council; 
(6) ASHRAE Standard 62.1 Ventilation for Acceptable Indoor Air Quality; 
(7) ASHRAE Standard 62.2 Ventilation and Acceptable Indoor Air Quality in 
Low-Rise Residential Buildings: 
(8) ASHRAE Standard 90.1 Energy Standard for Buildings Except Low-Rise 
Residential Buildings; and 
(9) Standard Practice for Radon Control Options for the Design and Construction 
of New Low-Rise Residential Buildings published by the American Society for 
Testing and Materials. 
For purposes of this paragraph, ASHRAE has the same meaning as in section 1413, 
subsection 1. 
Codes and standards adopted under this paragraph are mandatory, except as provided 
in paragraph B-1. The board shall ensure that each new edition of a code or standard 
adopted under this paragraph is reviewed by the board, and that each code or standard 
adopted under paragraph B is either the most recent edition or the edition previous to 
the most recent edition of that code or standard; 
B-1. Ensure the following in adopting and amending the Maine Uniform Building 
and Energy Code: 
(1) That historic preservation is a policy priority by ensuring that: 
(a) 
Provisions of model codes and standards intended to facilitate the 
continued use or adaptive reuse of historic buildings are maintained in the 
adopted versions of the Maine Unifmm Building and Energy Code; and 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMEITT fl " 
to H.P. II 01, L,O, 1509 
(b) The board proactively identifies additional or alternative compliance 
means and methods for historic buildings in the adoption and amendment of 
the Maine Uniform Building and Energy Code: 
(2) That nontraditional or experimental construction, including but not limited to 
straw bale, mass timber and earth berm construction, is permissible under the 
Maine Uniform Building and Energy Code; 
(3) That building materials from local sawmills, including but not limited to 
nongraded lumber, are permissible under the Maine Uniform Building and 
Energy Code; and 
(4) That buildings used to house livestock or harvested crops are not subject to 
the Maine Uniform Building and Energy Code; 
C. Adopt rules for the review and adoption of amendments to the Maine Uniform 
Building and Energy Code, including: 
(1) A process for consideration of amendment proposals submitted by 
municipalities, county, regional or state governmental units, professional trade 
organizations and the public; 
(2) A requirement that amendments that are more restrictive than the national 
minimum standard be accompanied by an economic impact statement that 
includes: 
(a) An identification of the types and an estimate of the number of the small 
businesses subject to the proposed amendment; 
(b) The projected reporting, record-keeping and other administrative costs 
required for compliance with the proposed amendment, including the type of 
professional skills necessary for preparation of the report or record; 
(c) A brief statement of the probable impact on affected small businesses; 
and 
( d) A description of any less intrusive or less costly, reasonable alternative 
methods of achieving the purposes of the proposed amendment; 
(3) A process for reviewing and evaluating criteria to identify whether an 
amendment is needed to: 
(a) Address a critical life or safety need, a specific state policy or statute or a 
unique character of the State; 
(b) Ensure consistency with state rules or federal regulations; or 
( c) Correct errors and omissions; 
(4) Timelines governing the filing of amendments and a process to establish an 
annual adoption cycle; and 
(5) A process for publication of adopted amendments within 30 days of adoption; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fi "to H.P. 1101, L.D. 1509 
D. Identify and resolve conflicts between the Maine Uniform Building and Energy 
Code and the fire safety codes and standards adopted pursuant to Title 25, section 
2452. The board shall develop rules designed to resolve these conflicts, which must 
include: 
(1) Notification to the authority or authorities having jurisdiction over the code 
or standard that is in conflict with the Maine Uniform Building and Energy Code 
and a request for submission of proposed solutions for such conflicts; 
(2) 
Procedures for consideration of proposed solutions submitted by the 
authority or authorities having jurisdiction over the code or standard that is in 
conflict with the Maine Uniform Building and Energy Code and consideration of 
new approaches to resolving the conflict; and 
(3) Publication of resolution of the conflict within 30 days of adoption; 
E. 
On January 31st of each calendar year beginning in 2011, report to the joint 
standing committee of the Legislature having jurisdiction over business, research and 
economic development matters any proposals for proposed conflict resolutions for 
codes and standards referenced in section 9725, subsections 2 to 7; proposals to 
improve the efficiency and effectiveness of those codes and standards; and alternative 
methods of funding for the board to create an equitable source of revenue; 
F. Develop technical advisory groups of experts and interest group representatives as 
necessary to provide the board with detailed information and recommendations on 
amendments to the Maine Uniform Building and Energy Code, national model codes 
revisions and conflict resolution with other building-related codes and standards 
adopted in the State. The board may direct the technical advisory groups to identify 
economic impacts on small businesses, housing affordability, construction costs, life-
cycle costs or code enforcement costs of proposed changes to the code; 
G. In accordance with section 9723, ensure that training and certification regarding 
the Maine Uniform Building and Energy Code is readily available, affordable and 
accessible to municipal building officials; and 
H. Make historic preservation a policy priority in the adoption and amendment of the 
Maine Uniform Building and Energy Code. 
(1) Provisions of model codes and standards intended to facilitate the continued 
use or adaptive reuse of historic buildings must be maintained in the adopted 
versions of the Maine Uniform Building and Energy Code. 
(2) The. board shall pro actively identify additional or alternative compliance 
means and methods for historic buildings in the adoption and amendment of the 
Maine Uniform Building and Energy Code; 
I. 
Approve methods of energy performance rating for use in generating any 
consumer information labels that may be required in the marketing and sale of 
residential and commercial buildings or units within buildings+! 
J. In the adoption and amendment of the Maine Uniform Building and Energy Code, 
ensure that nontraditional or experimental construction, including but not limited to 
straw bale and earth berm oonstruotion. is nermissible under the oode: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fi" to H.P. 1101, L.D. 1509 
K. In the adoption and amendment of the Maine Uniform Building and Energy Gode, 
ensure that building materials from looal sawmills. inoluding but not limited to 
nongraded lumber, are permissible under the oode; 
L. In the adoption and amendment of the Maine Uniform Building and Energy Gode, 
adopt the standards for residential basement 1.vall insulation under tho 2006 edition of 
the Intemational Enerev Conservation Code nublished bv the International Gode 
Gounoil; 
M. Adopt, amend and maintain tho Maino Uniform Building Code and the Maino 
Uniform Energy Gode; and 
N. In the adoption and amendment of tho Maine Uniform Building and Energy Godo, 
ensure that buildings used to house livestook or harvested orops are not subjeot to the 
woo. 
Sec. 5. 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 oode by August 1, 2008. Beginning July 1, 2012, the Maine Uniform Building 
and Energy Gode must be enforoed in a munioipality that has more than 4,000 residents 
and that has not adopted any building oode by August 1, 2008. The Maine Uniform 
Building and Energy Code must be enforced through inspections that comply with Title 
25, section 2373. 
Sec. 6. 
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 ofup to 4,000 residents 
is not required to enforce, but 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 prO¥ision of this ohapter or Title 
25, ohapter 314, the provisions of tho Maine Uniform Building Gode, the Maine Uniform 
Energy Code or the Maine Uniform Building and Energy Gode do not apply in a 
munioipality that has 4,000 or fewer residents exoept to the extent the munioipality has 
adopted that oodo pursuant to this subsootion. 
Sec. 7. 25 MRSA §2373, first 1, 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 oode by f .. ugust 1, 2008. Beginning July 1, 2012, the oode 
must be enforood in a munioipality that has more than 4,000 residents and that has not 
adopted any building oodo by August 1, 2008. The code must be enforced through 
inspections that comply with the code through any of the following means:' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~ "to H.P. 1101, L.D. 1509 
SUMMARY 
This amendment strikes and replaces the bill and makes the following changes: 
1. Lists as mandatory the specific codes that must comprise the Maine Uniform 
Building and Energy Code; 
2. Requires that each new version of a code or standard that is part of the Maine 
Uniform Building and Energy Code must be reviewed as it is published and that the 
Technical Building Codes and Standards Board must adopt either the most recent edition 
or the edition previous of each code or standard; 
3. Makes the Maine Uniform Building and Energy Code applicable statewide but 
does not require municipalities under 4,000 residents to enforce the code; and 
4. Provides that the Director of the Efficiency Maine Trust serves as a nonvoting 
member of the Technical Building Codes and Standards Board. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
App1'oved: 05/29/19 frac 
LD 1509 
LR 866(02) 
An Act To Amend the Laws Governing the Maine Uniform Building and Energy Code To Ensure It Is 
Consistent with Current Standards and Applies to Small Municipalities 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment fJ,( /1 ... 5"' 1ol) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs to the Department of Public Safety associated with reviewing and updating the code and for the 
Efficiency Maine Trust to participate on the Technical Building Codes and Standards Board can be absorbed within 
existing budgeted resources. 
LR0866(02) - Fiscal Note - Page 1 of 1