An Act To Update Statutory References to Building Code Standards for Public Improvements
Maine Legislature, Session 130, LD 1795
Committee: Criminal Justice and Public Safety
Sponsors: BRYANT
Amends: 5 MRSA §1742, 5 MRSA §1762, 5 MRSA §1764, 26 MRSA §565-A

Legislative Document
No. 1795
H.P. 1336
House of Representatives, December 9, 2021
An Act To Update Statutory References to Building Code Standards 
for Public Improvements
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 203.
Received by the Clerk of the House on December 7, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BRYANT of Windham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §1742, sub-§6-A, as amended by PL 2001, c. 607, §1, is further 
amended to read:
6-A.  Building code.  To adopt for design purposes for all public improvements the 
most recent version of one of the following published compilations of rules that has been 
prepared by the International Code Council, the American Insurance Association, the 
Building Officials and Code Administrators International, the International Conference of 
Building Officials, the National Fire Protection Association or the Southern Building Code 
Congress, except that, where an administrative unit has adopted one of the above codes, 
that code must be used for the design of a school building in that administrative unit current 
Maine Uniform Building and Energy Code pursuant to Title 10, section 9722.
The bureau has discretion to determine which portions of the building codes used in this 
subsection are applicable to public improvement projects.  This determination must be 
adopted by rule and applies to all public improvement projects covered by those codes.  
Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 
375, subchapter II‑A 2-A;
Sec. 2.  5 MRSA §1742, sub-§24, as amended by PL 2005, c. 634, §4, is further 
amended to read:
24.  Application of minimum air ventilation standards.  Beginning September 1, 
1988, to To apply ASHRAE Standard 62-1989 entitled, Ventilation for Acceptable Indoor 
Air Quality, as prepared by the American Society of Heating, Refrigeration and Air 
Conditioning Engineers, Inc. or more stringent standards Maine Uniform Building and 
Energy Code ventilation standards to buildings occupied by state employees during normal 
working hours.  These standards must be applied to buildings that are constructed or 
substantially renovated by the State after September 1, 1988 and to buildings for which the 
State enters into new leases or renews leases following the date in this subsection.  For the 
purpose of this subsection, "substantial renovation" means any renovation for which the 
cost exceeds 50% of the buildings' value.
A.  The bureau, in cooperation with a labor-management committee established to look 
at this issue, shall develop a plan by which priorities are established for improving 
indoor air quality and ventilation standards in buildings occupied by state employees.  
This plan must include data gathering and analysis of air quality in a sample number 
of buildings by which reasonable projections and estimates concerning air quality can 
be established.  The bureau shall report its findings to the joint standing committee of 
the Legislature having jurisdiction over state and local government no later than 
January 16, 1989.  This report, at a minimum, must contain the following:
(1)  A description of the extent of the problem, if any, with respect to air quality 
and ventilation in buildings occupied by state employees;
(2)  Priorities of locations for which the improvement of air quality is necessary.  
These locations must be areas occupied by state employees during normal working 
hours;
(3)  A timetable by which these priorities could be addressed;
(4)  A description of what may be necessary to address these priorities, including 
feasible alternatives;
(5)  The costs of addressing these priorities; and
(6)  If possible, locations leased by the State that may not meet the air quality 
standards defined in this subsection.
Nothing in this paragraph may be construed to require the bureau to conduct an in depth 
analysis for each building or to present technical data for each building occupied by 
state employees.
B.  The indoor air quality and ventilation standards applied by the bureau remain in 
effect until the Board of Occupational Safety and Health adopts air quality and 
ventilation standards;
Sec. 3.  5 MRSA §1762, as amended by PL 1989, c. 501, Pt. DD, §1, is further 
amended to read:
§1762.  No facility constructed without life-cycle costs
No A public improvement, as defined in this chapter, public school facility or other 
building or addition constructed or substantially renovated in whole or in part with public 
funds or using public loan guarantees, with an area in excess of 5,000 square feet, may not 
be constructed without having secured from the designer a proper an evaluation of life-
cycle costs, as computed by a qualified architect or engineer. The requirements of this 
section with respect to substantial renovation shall pertain only to that portion of the 
building being renovated. Construction shall may proceed only upon disclosing, for the 
design chosen, the life-cycle costs as determined in section 1764 and the capitalization of 
the initial construction costs of the facility or building. The life-cycle costs shall must be a 
primary consideration in the selection of the design. As a minimum, the design shall must 
meet the energy efficiency building performance standards promulgated adopted by the 
Department of Economic and Community Development Public Safety in the Maine 
Uniform Building and Energy Code as defined in Title 10, section 9721, subsection 2.
Sec. 4.  5 MRSA §1764, sub-§1, as amended by PL 1997, c. 541, §2, is further 
amended to read:
1.  Bureau of General Services to adopt rules and procedures.  The Bureau of 
General Services shall adopt rules, including energy conservation guidelines that conform 
as a minimum to the energy efficiency building performance standards adopted by the 
Department of Economic and Community Development Public Safety for conducting an 
energy-related life-cycle costs analysis of alternative architectural or engineering designs, 
or both, and shall evaluate the efficiency of energy utilization for designs in the 
construction and lease of public improvements and public school facilities. Any rules 
adopted take effect 90 days after the enactment of this subchapter.
Sec. 5.  26 MRSA §565-A, as amended by PL 2011, c. 691, Pt. B, §25, is further 
amended to read:
§565-A.  Air quality and ventilation; evaluation of buildings; standards
1.  Advise and propose standards Evaluation of indoor air quality.  The board shall 
work with the Bureau of General Services with respect to evaluation of indoor air quality 
and ventilation in public school buildings and buildings occupied by state employees and 
the preparation of the report pursuant to Title 5, section 1742, subsection 24, paragraph A.
A.  The board may advise the Bureau of General Services and propose for consideration 
by the bureau air quality and ventilation standards that are more stringent than the 
minimum standards as defined in Title 5, section 1742, subsection 24.
SUMMARY
This bill:  
1.  Eliminates references to building codes that are no longer in effect or have been 
superseded by the Maine Uniform Building and Energy Code;  
2.  Applies the current Maine Uniform Building and Energy Code ventilation standards 
to buildings occupied by state employees; and
3.  Updates references in regard to the Maine Uniform Building and Energy Code from 
the Department of Economic and Community Development to the Department of Public 
Safety.