An Act To Strengthen the Maine Uniform Building and Energy Code
Maine Legislature, Session 129, LD 0855
Committee Amendment CA_A_H619 (House)
Amends: 10 MRSA §9723, 25 MRSA §2372, 25 MRSA §2374, 30-A MRSA §4101-A, 30-A MRSA §4221, 30-A MRSA §4451, 30-A MRSA §4452, 30-A MRSA §4453

COMMITTEE AMENDMENT "A" to H.P. 629, L.D. 855, Bill, "An Act To 
Strengthen the Maine Uniform Building and Energy Code" 
Amend the bill by striking out everything after the title and inserting the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §9723, sub-§2, as repealed and replaced by PL 2013, c. 424, 
Pt. A, §3, is amended to read: 
2. Training program standards; implementation. The committee shall direct the 
training coordinator of the Division of Building Codes and Standards, established in Title 
25, section 2372, to develop a training program for municipal building officials, local 
code enforcement officers and 3rd-party inspectors. The Department of Economic and 
Community Devslopmsn.t, Office of Community D@l"r@lopmsnt Public Safety, Office of 
the State Fire Marshal, pursuant to Title 30-A, section 4451, subsection 3-A, shall 
implement the training and certification program established under this chapter. 
Sec. 2. 25 MRSA §2372, sub-§2, as amended by PL 2011, c. 633, §9, is further 
amended to read: 
2. Staff. The commissioner may shall appoint er and may remove for cause staff of 
the division, including: 
A. A technical codes coordinator certified in building standards pursuant to Title 
30-A, section 4451, subsection 2-A, paragraph E, who serves as the division director 
and principal administrative and supervisory employee of the board. The technical 
codes coordinator shall attend meetings of the board, keep records of the proceedings 
of the board and direct and supervise the personnel employed to carry out the duties 
COMMITTEE AMENDMENT 
i;9 
't,} 
~e 
COMMITTEE AMENDMENT ·A" to H.P. 629, L.D. 855 
of the board, including but not limited to providing technical support and public 
outreach for the adoption of the code, amendments, conflict resolutions and 
interpretations. Technical support and public outreach must include, but may not be 
limited to: 
(1) Providing nonbinding interpretation of the code for professionals and the 
general public; and 
(2) Establishing and maintaining a publicly accessible website to publish general 
technical assistance, code updates and interpretations and post-training course 
schedules; arul 
B. An office specialist to provide administrative support to the division and the 
board,; and 
C. A trainer to coordinate and provide training to municipal building officials, local 
code enforcement officers and 3rd-party inspectors. 
Sec. 3. 25 MRSA §2374, as repealed and replaced by PL 2013, c. 424, Pt. A, §12, 
is amended to read: 
§2374. Uniform Building Codes and Standards Fund 
The Uniform Building Codes and Standards Fund, referred to in this section as "the 
fund, 
is established within the Department of Public Safety to fund the activities of the 
division under this chapter and the activities of the board under Title 10, chapter 1103 and 
the Department of Economic and Community Development, Office of . Community 
De>,relopment under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is 
provided by the surcharge established by section 2450-A. The Department of Public 
Safety and the Department of Economic and Community De>,.relopment, Office of 
Community De:r,relopmoot shall togsthsr determine an amount to be transferred annually 
from the fund for training and certification under Title 30-A, section 4451, subsection 
3-A to the Maine Code Enforcement Training and Certification Fund established in Title 
30-A, section 4451, subsection 3-B. The Department of Public Safety shall also deposit 
any permit surcharge collected under Title 30-A. section 4101-A into the fund. Any 
balance of the fund may not lapse, but must be carried forward as a continuing account to 
be expended for the same purpose in the following fiscal year. 
Sec. 4. 30-A MRSA §4101-A is enacted to read: 
§4101-A. Permit surcharge 
A surcharge of $5 is imposed on each permit issued by a municipality under this 
subchapter for new construction or renovation subject to the Maine Uniform Building and 
Energy Code adopted pursuant to Title 10, chapter 1103. The municipality shall collect 
the fee when issuing the permit and shall, on a schedule established by the Department of 
Public Safety, remit all fees collected to the Department of Public Safety. which shall 
deposit the fees into the Uniform Building Codes and Standards Fund established in Title 
25, section 2374. 
Sec. 5. 30-A MRSA §4221, sub-§1, as amended by PL 2011, c. 655, Pt. FF, §6 
and affected by § 16, is further amended to read: 
COMMITTEE AMENDMENT 
•'.f) 
't'{ 
,.l 
b,1_,. 
COMMITTEE AMENDMENT "/1-" to H.P. 629, L.D. 855 
1. Appointment; compensation; removal. In every municipality, the municipal 
officers shall appoint one or more inspectors of plumbing, who need not be residents of 
the municipality for which they are appointed. Plumbing inspectors are appointed for a 
term of one year or more and must be sworn and the appointment recorded as provided in 
section 2526, subsection 9. An individual properly appointed as plumbing inspector and 
satisfactorily performing the duties may continue in that capacity after the term has 
expired until replaced. 
The municipal officers shall notify the department and the 
Department of Eeonomie and Community D6"1elopment, Offiee of Community 
D6"1elopment Public Safety, Office of the State Fire Marshal of the appointment of a 
plumbing inspector in writing within 30 days of the appointment. 
Compensation of plumbing inspectors is determined by the municipal officers and paid 
by the respective municipalities. 
The municipal officers may remove a plumbing inspector for cause, after notice and 
hearing. 
Sec. 6. 30-A MRSA §4451, as amended by PL 2019, c. 40, §1, is further amended 
to read: 
§4451. Training and certification for code enforcement officers 
1. 
Certification required; exceptions. 
A municipality may not employ any 
individual to perform the duties of a code enforcement officer who is not certified by the 
former State Planning Office 0f_. the Department of Economic and Community 
Development, Office of Community Development or the Department of Public Safety, 
Office of the State Fire Marshal, except that: 
A. An individual other than an individual appointed as a plumbing inspector has 12 
months after beginning employment to be trained and certified as provided in this 
section; 
B. Whether or not any extension is available under paragraph A, the Department of 
Eeonomie and Community Development, Offiee of Community De:',relopment Public 
Safety. Office of the State Fire Marshal may waive this requirement for up to one 
year if the certification requirements cannot be met without imposing a hardship on 
the municipality employing the individual; 
C. An individual may be temporarily authorized in writing by the Department of 
Health and Human Services, Division of Health Engineering to be employed as a 
plumbing inspector for a period not to exceed 12 months; and 
D. An individual whose certification has expired or is about to expire may be 
temporarily authorized in writing by the Department of Eeonomie and Community 
De:',relopment, Offiee of Community D6"1elopment Public Safety, Office of the State 
Fire Marshal to extend that individual's certification for a period not to exceed 12 
months in cases where the necessary training or examination is suspended under 
subsection 3-B, paragraph E. 
2. Penalty. Any municipality that violates this section commits a civil violation for 
which a forfeiture fine of not more than $100 may be adjudged. Each day in violation 
constitutes a separate offense. 
COMMITTEE AMENDMENT 
r'.t·+ 
\ r-.~1 
... r 
/~.-~ 
COMMITTEE AMENDMENT "ft" to H.P. 629, L.D. 855 
2-A. Code enforcement officer; definition and duties. As used in this subchapter, 
"code enforcement officer" means a person certified under this section and employed by a 
municipality to enforce all applicable laws and ordinances in the following areas: 
A. Shoreland zoning under Title 38, chapter 3, subchapter 1, article 2-B; 
B. Comprehensive planning and land use under Part 2, Subpart 6-A; 
C. Internal plumbing under chapter 185, subchapter 3; 
D. Subsurface wastewater disposal under chapter 185, subchapter 3; and 
E. Building standards under chapter 141; chapter 185, subchapter 1; Title 5, sections 
4582-B, 4582-C and 4594-F; beginning June 1, 2010, Title 10, chapter 1103; and 
Title 25, chapter 313. 
3. Training and certification of code enforcement officers. In cooperation with 
code enforcement officer professional associations, the Maine Community College 
System, the Department of Environmental Protection, and the Department of Health and 
Human Services and the Department of Publie Safety, except as otherwise provided in 
paragraph H, the Department of Eeonomie and Community D6"1elopment, Offiee of 
Community Development Public Safety, Office of the State Fire Marshal shall establish a 
continuing education program for individuals engaged in code enforcement. 
This 
program must provide training in the technical and legal aspects of code enforcement 
necessary for certification. 
The training program must include training to provide 
familiarity with the laws and ordinances related to the structure and practice of the 
municipal code enforcement office, municipal planning board and appeals board 
procedures, application review and permitting procedures, inspection procedures and 
enforcement techniques. 
H. If funding is not available to support the training and certification program 
authorized under this subsection, the Department of Eeonomie and Community 
Development, Offiee of Community Development Public Safety, Office of the State 
Fire Marshal shall discontinue training and certification activities related to laws and 
ordinances referenced in subsection 2-A, paragraphs A and B and shall adopt by 
routine technical rules under Title 5, chapter 375, subchapter 2-A a program to 
register code enforcement officers that meet training and education qualifications. 
The Department of Eeonomic and Ccm.1m1,m.ity Development, Offiee of Community 
Development Public Safety, Office of the State Fire Marshal shall publish the list of 
persons registered for code enforcement who have submitted evidence of required 
qualifications. Persons registered under this paragraph must meet the requirements 
for training and certification under this subchapter. The Department of Eeonomie 
and Community De:r,relopmen.t, Office of Community Development Public Safety, 
Office of the State Fire Marshal shall consult with the Department of Health and 
Human Services for the purposes of carrying out training and certification activities 
related to laws and ordinances referenced in subsection 2-A, paragraphs C and D. 
Within one month of discontinuation of training and certification under this 
paragraph, the Department of Eeonomie and Community De:velopment, Offiee of 
Community Development Public Safety, Office of the State Fire Marshal shall report 
to the joint standing committee of the Legislature having jurisdiction over 
appropriations and financial affairs and the joint standing committee of the 
COMMITTEE AMENDMENT 
;!~·;J, 
~t? 
(?!' 
COMMITTEE AMENDMENT 'A "to H.P. 629, L.D. 855 
Legislature having jurisdiction over state and local government matters a 
recommendation for funding the training and certification program or for further 
changes in program requirements. 
3-A. Training and certification of inspectors in the Maine Uniform Building and 
Energy Code. In accordance with the training and certification requirements developed 
pursuant to Title 10, section 9723, the Department of Economic and Community 
De-velopment, Office of Community De-velopment Public Safety, Office of the State Fire 
Marshal shall provide the training necessary to certify municipal building officials, local 
code enforcement officers and 3rd-party inspectors. 
3-B. Maine Code Enforcement Training and Certification Fund. The Maine 
Code Enforcement Training and Certification Fund, referred to in this section as "the 
fund," is established as a nonlapsing fund to support training and certification programs 
administered by the Department of Economic and Commumty De•1elopmoo.t, Office of 
Community De:velopment Public Safety, Office of the State Fire Marshal for code 
enforcement officers, local plumbing inspectors, municipal building officials and 3rd-
party inspectors in accordance with this subchapter. 
A. Beginning July 1, 2009, and each year thereafter on On July 1st of each year, the 
funds identified in section 4215, subsection 4 for training and certifying local 
plumbing inspectors must be transferred to the fund. 
B. Beginn.ing July 1, 2009, and each year thereafter on On July 1st of each year, the 
funds identified in Title 25, section 2374 for training and certifying municipal 
building officials, local code enforcement officers and 3rd-party inspectors must be 
transferred to the fund. 
C. 
The Department of Economic and Community Development, Office of 
Community Development Public Safety, Office of the State Fire Marshal shall place 
in the fund any money it receives from grants to support the requirements of this 
subchapter. 
D. Funds related to code enforcement training and certification may be expended 
only in accordance with allocations approved by the Legislature and solely for the 
administration of this subchapter. Any balance remaining in the fund at the end of 
any fiscal year may not lapse but must be carried forward to the next fiscal year. 
E. If the fund does not contain sufficient money to support the costs of the training 
and certification provided for in this subchapter, the Department of Economic and 
Community De1,relopmoo.t, Office of Community Development Public Safety, Office 
of the State Fire Marshal may suspend all or reduce the level of training and 
certification activities. 
4. 
Examination. The Department of Economic and Community Development, 
Office of Community Development Public Safety, Office of the State Fire Marshal shall 
conduct at least one examination each year to examine candidates for certification at a 
time and place designated by it. 
The Department of Economic and Community 
Development, Office of Community De1,relopment Public Safety. Office of the State Fire 
Marshal may conduct additional examinations to carry out the purposes of this 
subchapter. 
COMMITTEE AMENDMENT 
f/J 
l(· I 
,.·;, 
.. "'t{ 
COMMITTEE AMENDMENT ·A "to H.P. 629, L.D. 855 
5. 
Certification standards. 
The Department of Economic and Community 
Development, Office of Coffill1-l:1:llify Development Public Safety, Office of the State Fire 
Marshal shall adopt routine technical rules under Title 5, chapter 375, subchapter 2-A to 
establish the qualifications, conditions and licensing standards and procedures for the 
certification and recertification of individuals as code enforcement officers. A code 
enforcement officer need only be certified in the areas of actual job responsibilities. The 
rules established under this subsection must identify standards for each of the areas of 
training under subsection 2-A, in addition to general standards that apply to all code 
enforcement officers. 
6. Certification; terms; revocation. The Department of Economic and Community 
De=velopment, Office of Community D6Y,relopment Public Safety, Office of the State Fire 
Marshal shall· certify individuals as to their competency to successfully enforce 
ordinances and other land use regulations and permits granted under those ordinances and 
regulations and shall issue certificates attesting to the competency of those individuals to 
act as code enforcement officers. Certificates issued by the former State Planning Office 
er~ the Department of Economic and Community Development, Office of Community 
Development or the Department of Public Safety. Office of the State Fire Marshal are 
valid for 6 years unless revoked by the District Court. An examination is not required for 
recertification of code enforcement officers. 
The Department of Economic and 
Community Ds-vslopment, Office of Community Ds=velopmsnt Public Safety, Office of 
the State Fire Marshal shall recertify a code enforcement officer if the code enforcement 
officer successfully completes at least 12 hours of approved training in each area of job 
responsibility during the 6-year certification period. 
A. The District Court may revoke the certificate of a code enforcement officer, in 
accordance with Title 4, chapter 5, when it finds that: 
(1) The code enforcement officer has practiced fraud or deception; 
(2) 
Reasonable care, judgment or the application of a duly trained and 
knowledgeable code enforcement officer's ability was not used in the 
performance of the duties of the office; or 
(3) The code enforcement officer is incompetent or unable to perform properly 
the duties of the office. 
B. Code enforcement officers whose certificates are invalidated under this subsection 
may be issued new certificates provided that they are newly certified as provided in 
this section. 
7. Other professions unaffected. This subchapter may not be construed to affect or 
prevent the practice of any other profession. 
Sec. 7. 30-A MRSA §4452, sub-§7, as amended by PL 2011, c. 655, Pt. FF, §9 
and affected by §16, is further amended to read: 
7. Natural resources protection laws. A code enforcement officer, authorized by a 
municipality to represent that municipality in District Court and certified by the former 
State Planning Office or the Department of Economic and Community Development, 
Office of Community Development or the Department of Public Safety. Office of the 
State Fire Marshal under section 4453 as familiar with court procedures, may enforce the 
COMMITTEE AMENDMENT 
:(~; 
'.t:,J 
::.:~,!, 
COMMITTEE AMENDMENT J "to H.P. 629, L.D. 855 
provisions of Title 38, section 420-C, Title 38, chapter 3, subchapter 1, article 5-A and 
Title 38, chapter 13-D by instituting injunctive proceedings or by seeking civil penalties 
in accordance with Title 38, section 349, subsection 2. 
Sec. 8. 30-A MRSA §4453, first ,r, as amended by PL 2011, c. 655, Pt. FF, §10 
and affected by § 16, is further amended to read: 
The Department of Eeonomie and Commooity De:r,relopment, Offiee of Commllility 
De:velopment Public Safety. Office of the State Fire Marshal shall establish certification 
standards and a program to certify familiarity with court procedures for the following 
individuals: 
Sec. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF 
Community Development Block Grant Program 0587 
Initiative: Deallocates funds due to the responsibility for the training and certification of 
code enforcement officers being transferred to the Department of Public Safety. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHERSPECIALREVENUEFUNDSTOTAL 
ECONOMIC AND COMMUNITY 
DEVELOPMENT, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2019-20 
($30,000) 
($30,000) 
2019-20 
($30,000) 
($30,000) 
2020-21 
($30,000) 
($30,000) 
2020-21 
($30,000) 
($30,000) 
PUBLIC SAFETY, DEPARTMENT OF 
Division of Building Codes and Standards Z073 
Initiative: Provides funding for one Public Safety Inspector III position, one Public Safety 
Inspector II position and related costs to coordinate and administer code enforcement 
training. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
2019-20 
2.000 
$165,106 
$35,127 
COMMITTEE AMENDMENT 
2020-21 
2.000 
$172,822 
$35,214 
(';j-
't:,,." 
1',,.-f 
';•':,.Z 
COMMITTEE AMENDMENT A 
"to H.P. 629, L.D. 855 
Capital Expenditures 
OTHER SPECIAL REVENUE FUNDS TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
$34,416 
$234,649 
2019-20 
$234,649 
$234,649 
2019-20 
$204,649 
$204,649 
$0 
$208,036 
2020-21 
$208,036 
$208,036 
2020-21 
$178,036 
$178,036 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill: 
1. It increases the municipal permit surcharge from $3 to $5 and specifies that the 
surcharge only applies to permits for new construction or renovations that are subject to 
the Maine Uniform Building and Energy Code. 
2. 
It transfers administration of code enforcement officer training from the 
Department of Economic and Community Development, Office of Community 
Development to the Department of Public Safety, Office of the State Fire Marshal. 
The amendment also adds a mandate preamble and an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/13/19 feac. 
LD855 
LR 537(02) 
An Act To Strengthen the Maine Uniform Building and Energy Code 
Fiscal Note for Bill as Amended by Committee Amendment ,A( /I- b /~ 
Committee: Criminal Justice and Public Safety 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
FY 2019-20 
FY2020-21 
$204,649 
$178,036 
$203,280 
$203,280 
Requires municipalities to assess, collect and remit fees associated with new 
construction and renovation projects subject to the Maine Uniform Building and 
Energy Code. 
Projections 
FY2021-22 
$183,220 
$203,280 
Projections 
FY 2022-23 
$188,560 
$203,280 
Unit Affected 
Local Cost 
Municipality 
Moderate 
limited scope 
Pmsuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
The bill transfers administration of code enforcement officer training from the Department of Economic and 
Community Development to the Department of Public Safety and establishes a surcharge on building permits. The 
bill includes Other Special Revenue Funds allocations of $234,649 in fiscal year 2019-20 and $208,036 in fiscal year 
2020-21 to the Department of Public Safety for one Public Safety Inspector III, one Public Safety Inspector II and 
related costs to coordinate and administer code enforcement training. Other Special Revenue Funds revenue to the 
Department of Public Safety will increase by $203,280 beginning in fiscal year 2019-20 from the surcharge on new 
construction and renovation. 
This bill also includes Other Special Revenue Funds deallocations of $30,000 per year beginning in fiscal year 2019-
to the Community Development Block Grant Program within the Department of Economic and Community 
Development (DECD) due to the responsibility of adminstering the Maine Code Enforcement Training and 
Certification Fund being transferred from DECD to the Department of Public Safety. 
LR0537(02) - Fiscal Note - Page 1 of 1