An Act to Transfer Responsibility for Administering the Maine Uniform Building and Energy Code from the Department of Public Safety, Office of the State Fire Marshal to the Department of Professional and Financial Regulation
Maine Legislature, Session 131, LD 0207
Committee: Criminal Justice and Public Safety
Sponsors: MORRIS, POULIOT, BRADSTREET, CYRWAY, MILLETT, NUTTING, TIMBERLAKE
Amends: 10 MRSA §8001, 10 MRSA §9722, 10 MRSA §9722-A, 10 MRSA §9723, 10 MRSA §9724, 25 MRSA §2371, 25 MRSA §2372, 25 MRSA §2374, 30-A MRSA §4451, 35-A MRSA §10104

Legislative Document
No. 207
H.P. 128
House of Representatives, January 20, 2023
An Act to Transfer Responsibility for Administering the Maine 
Uniform Building and Energy Code from the Department of Public 
Safety, Office of the State Fire Marshal to the Department of 
Professional and Financial Regulation
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MORRIS of Turner.
Cosponsored by Senator POULIOT of Kennebec and
Representatives: BRADSTREET of Vassalboro, CYRWAY of Albion, MILLETT of 
Waterford, NUTTING of Oakland, Senator: TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  10 MRSA §8001, sub-§3-A, as enacted by PL 2001, c. 182, §5, is 
amended to read:
3-A.  Office of Securities.  Office of Securities; and
Sec. A-2.  10 MRSA §8001, sub-§37-A is enacted to read:
37-A.  Technical Building Codes and Standards Board.  Technical Building Codes 
and Standards Board;
Sec. A-3.  10 MRSA §8001, sub-§37-B is enacted to read:
37-B.  Division of Building Codes and Standards.  Division of Building Codes and 
Standards; and
Sec. A-4.  10 MRSA §9722, sub-§1, as amended by PL 2011, c. 633, §5, is further 
amended to read:
1.  Establishment.  The Technical Building Codes and Standards Board, established 
in Title 5, section 12004‑G, subsection 5‑A and located within the Department of Public 
Safety, Office of the State Fire Marshal Professional and Financial Regulation, is 
established to adopt, amend and maintain the Maine Uniform Building and Energy Code, 
to resolve conflicts between the Maine Uniform Building and Energy Code and the fire and 
life safety codes in Title 25, sections 2452 and 2465 and to provide for training for 
municipal building officials, local code enforcement officers and 3rd-party inspectors.
Sec. A-5.  10 MRSA §9722, sub-§3, as enacted by PL 2007, c. 699, §6, is amended 
to read:
3.  Ex officio member; chair.  The Commissioner of Public Safety Professional and 
Financial Regulation, or the commissioner's designee, serves as an ex officio member and 
as the chair of the board.  The chair is a nonvoting member, except in the case of a tie of 
the board.  The chair is responsible for ensuring that the board maintains the purpose of its 
charge when executing its assigned duties, that any adoption and amendment requirements 
for the Maine Uniform Building and Energy Code are met and that training and technical 
assistance is provided to municipal building officials.
Sec. A-6.  10 MRSA §9722, sub-§6, ¶E, as amended by PL 2009, c. 261, Pt. A, 
§6, is further amended to read:
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;
Sec. A-7.  10 MRSA §9722, sub-§6, ¶O, as amended by PL 2021, c. 524, §2, is 
further amended to read:
O.  No later than July 1, 2020, adopt Adopt, amend and maintain an appendix to the 
Maine Uniform Building and Energy Code as an optional part of the code that contains 
energy conservation and efficiency requirements that are based on established national 
voluntary efficiency standards that exceed the energy code requirements established in 
the Maine Uniform Building and Energy Code.  As the code is updated, the board shall 
ensure that the energy conservation and efficiency requirements in the appendix 
continue to exceed the requirements established in the Maine Uniform Building and 
Energy Code.  The appendix must be made available for voluntary adoption by any 
municipality.  The board shall maintain a list of municipalities that have voluntarily 
adopted the appendix to the Maine Uniform Building and Energy Code on its publicly 
accessible website; and
Sec. A-8.  10 MRSA §9722-A is enacted to read:
§9722-A.  Division of Building Codes and Standards
1.  Established.  The Division of Building Codes and Standards, referred to in this 
section as "the division," is established within the Department of Professional and Financial 
Regulation to provide administrative support and technical assistance to the board in 
executing its duties pursuant to section 9722, subsection 6.
2.  Staff.  The Commissioner of Professional and Financial Regulation may appoint 
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 of the 
board, including but not limited to providing technical support and public outreach for 
the adoption of the Maine Uniform Building and Energy 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 Maine Uniform Building and 
Energy Code for professionals and the general public; and
(2)  Establishing and maintaining a publicly accessible website to publish general 
technical assistance, Maine Uniform Building and Energy Code updates and 
interpretations and post-training course schedules; and
B.  An office specialist to provide administrative support to the division and the board.
Sec. A-9.  10 MRSA §9723, sub-§2, as amended by PL 2019, c. 517, §1, is further 
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 9722-A, to develop a training program for municipal building officials, 
local code enforcement officers and 3rd-party inspectors.  The Department of Public 
Safety, Office of the State Fire Marshal Professional and Financial Regulation, pursuant to 
Title 30‑A, section 4451, subsection 3‑A, shall implement the training and certification 
program established under this chapter.
Sec. A-10.  10 MRSA §9724, sub-§2, as amended by PL 2013, c. 588, Pt. D, §2, is 
repealed.
Sec. A-11.  10 MRSA §9724, sub-§3, as amended by PL 2011, c. 365, §4, is further 
amended to read:
3.  Ordinances.  Effective December 1, 2010, except Except as provided in subsection 
and section 9725, any ordinance regarding a building code of any political subdivision of 
the State that is inconsistent with the Maine Uniform Building and Energy Code is void.
Sec. A-12.  25 MRSA §2371, sub-§5, as enacted by PL 2007, c. 699, §11, is 
repealed.
Sec. A-13.  25 MRSA §2371, sub-§5-A, as enacted by PL 2011, c. 633, §8, is 
amended to read:
5-A.  Division.  "Division" means the Division of Building Codes and Standards 
established in Title 10, section 2372 9722-A.
Sec. A-14.  25 MRSA §2372, as amended by PL 2019, c. 517, §2, is repealed.
Sec. A-15.  25 MRSA §2374, as amended by PL 2019, c. 517, §3, is further 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 Professional and Financial 
Regulation to fund the activities of the division under this chapter and the activities of the 
board under Title 10, chapter 1103 and 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 Professional and Financial Regulation shall 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.  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. A-16.  30-A MRSA §4451, as amended by PL 2019, c. 517, §5, 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, the Department of Economic and Community Development, 
Office of Community Development or the Department of Public Safety, Office of the State 
Fire Marshal Professional and Financial Regulation, 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 
Public Safety, Office of the State Fire Marshal Professional and Financial Regulation 
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 Public Safety, Office of the 
State Fire Marshal Professional and Financial Regulation 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 fine of not more than $100 may be adjudged.  Each day in violation constitutes a 
separate offense.
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; 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, except as otherwise provided in paragraph H, the Department of Public Safety, 
Office of the State Fire Marshal Professional and Financial Regulation 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 Public Safety, Office of the State 
Fire Marshal Professional and Financial Regulation 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 Public Safety, Office of the State Fire 
Marshal Professional and Financial Regulation 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 Public Safety, 
Office of the State Fire Marshal Professional and Financial Regulation 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 Public Safety, Office of the 
State Fire Marshal Professional and Financial Regulation shall report to the joint 
standing committee of the Legislature having jurisdiction over appropriations and 
financial affairs and the joint standing committee of the 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 Public Safety, Office of the State Fire 
Marshal Professional and Financial Regulation 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 Public Safety, Office of the State Fire Marshal 
Professional and Financial Regulation for code enforcement officers, local plumbing 
inspectors, municipal building officials and 3rd-party inspectors in accordance with this 
subchapter.
A.  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.  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 Public Safety, Office of the State Fire Marshal Professional and 
Financial Regulation 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 Public Safety, Office 
of the State Fire Marshal Professional and Financial Regulation may suspend all or 
reduce the level of training and certification activities.
4.  Examination.  The Department of Public Safety, Office of the State Fire Marshal 
Professional and Financial Regulation shall conduct at least one examination each year to 
examine candidates for certification at a time and place designated by it.  The Department 
of Public Safety, Office of the State Fire Marshal Professional and Financial Regulation 
may conduct additional examinations to carry out the purposes of this subchapter.
5.  Certification standards.  The Department of Public Safety, Office of the State Fire 
Marshal Professional and Financial Regulation 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 Public Safety, Office of the 
State Fire Marshal Professional and Financial Regulation 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, the Department of Economic and Community 
Development, Office of Community Development or the Department of Public Safety, 
Office of the State Fire Marshal Professional and Financial Regulation are valid for 6 years 
unless revoked by the District Court.  An examination is not required for recertification of 
code enforcement officers.  The Department Public Safety, Office of the State Fire Marshal 
of Professional and Financial Regulation 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. A-17.  35-A MRSA §10104, sub-§9, as amended by PL 2019, c. 298, §22, is 
further amended to read:
9.  Coordination with other entities.  Consistent with the requirements of this chapter 
and other applicable laws, the board shall coordinate with the activities and programs of 
state agencies and authorities that relate to the purposes of this chapter in order to align 
such activities and programs with the plans and programs of the trust.  For purposes of this 
subsection, activities and programs of state agencies and authorities that relate to the 
purposes of this chapter include but are not limited to energy efficiency programs relating 
to state facilities administered by the Department of Administrative and Financial Services, 
Bureau of General Services, the adoption, amendment and maintenance of the Maine 
Uniform Building and Energy Code by the Technical Building Codes and Standards Board, 
established in Title 5, section 12004‑G, subsection 5‑A within the Department of Public 
Safety Professional and Financial Regulation, energy efficiency or green energy workforce 
development activities of the Department of Labor or the State Workforce Board, energy 
efficiency and weatherization programs administered by the Maine State Housing 
Authority and the activities of the nonwires alternative coordinator established pursuant to 
section 1701, subsection 2‑A.
Sec. A-18.  Effective date. This Part takes effect January 1, 2024.
PART B
Sec. B-1.  Transition.  Notwithstanding the Maine Revised Statutes, Titles 10 and 
25, the following provisions apply to the reassignment of the duties and responsibilities of 
the Technical Building Codes and Standards Board and the Division of Building Codes and 
Standards from the Department of Public Safety, Office of the State Fire Marshal to the 
Department of Professional and Financial Regulation.
1.  The Technical Building Codes and Standards Board and the Division of Building 
Codes and Standards shall cooperate with the Department of Professional and Financial 
Regulation to transfer to the department all of the powers, duties and functions of the 
Technical Building Codes and Standards Board and the Division of Building Codes and 
Standards. 
2.  Notwithstanding the provisions of Title 5, all accrued expenditures, assets, 
liabilities, balances of appropriations, allocations, transfers, revenues or other available 
money in an account or subdivision of an account of the Technical Building Codes and 
Standards Board and the Division of Building Codes and Standards must be transferred to 
the proper accounts of the Department of Professional and Financial Regulation by the 
State Controller or by financial order on the request of the State Budget Officer and with 
the approval of the Governor.
3.  All rules of the Technical Building Codes and Standards Board and the Division of 
Building Codes and Standards that are in effect on the effective date of this Act remain in 
effect until rescinded, revised or amended.
4.  All contracts, agreements and compacts of the Technical Building Codes and 
Standards Board and the Division of Building Codes and Standards that are in effect on the 
effective date of this Act remain in effect until they expire or are altered by the parties 
involved in the contracts or agreements.  The Department of Professional and Financial 
Regulation is the successor agency for all federal programs, grants and contracts.
5.  All records of the Technical Building Codes and Standards Board and the Division 
of Building Codes and Standards must be transferred to the Department of Professional and 
Financial Regulation as necessary to implement this Act.
6.  All property and equipment of the Technical Building Codes and Standards Board 
and the Division of Building Codes and Standards are transferred to the Department of 
Professional and Financial Regulation as necessary to implement this Act.
7.  Employees of the Technical Building Codes and Standards Board and the Division 
of Building Codes and Standards immediately prior to the effective date of this Act retain 
all their employee rights, privileges and benefits, including sick leave, vacation and 
seniority, provided under the Civil Service Law or collective bargaining agreements. The 
Department of Administrative and Financial Services, Bureau of Human Resources shall 
provide assistance to the Technical Building Codes and Standards Board and the Division 
of Building Codes and Standards and shall assist with the orderly implementation of this 
subsection.
8.  A certification issued by the Technical Building Codes and Standards Board or the 
Division of Building Codes and Standards remains in effect until the certification expires.  
Once expired, a certification issued by the Technical Building Codes and Standards Board 
or the Division of Building Codes and Standards before January 1, 2024 may be renewed 
by the Department of Professional and Financial Regulation.
SUMMARY
This bill moves responsibility for the adoption and administration of the Maine 
Uniform Building and Energy Code from the Department of Public Safety, Office of the 
State Fire Marshal to the Department of Professional and Financial Regulation.