Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 642 - BUREAU OF BUILDING CODES AND STANDARDS › Chapter 1 - MAINE UNIFORM BUILDING AND ENERGY CODE - ADMINISTRATIVE PROCEDURES › Section 642-1-12 - PROCEDURES FOR IDENTIFYING AND RESOLVING CONFLICTS BETWEEN THIS CODE AND THE FIRE SAFETY CODES AND STANDARDS

Current through 2024-29, July 17, 2024
1. Notification
				shall be made to the authority or authorities having jurisdiction over the code
				or standard that is in conflict with these Codes, and a request for submission
				of proposed solutions for such conflicts.
2.
Conflict resolution
. The
				following procedures shall be employed by the Board for consideration of
				proposed solutions submitted for provisions that are in conflict with these
				Codes. The Board shall also consider new approaches to resolving conflicts.
A. Identify and indicate the codes in
				conflict, the edition, chapter, section, and sub-sections as appropriate of the
				codes.
B. Provide a narrative of the
				code provisions which indicate the intent of each section and provide a
				description of the conflicting provisions.
C. Compare the provisions in respect to
				health, safety and welfare of building occupants, establish by a quorum of
				Board members present and voting, whether the provision found within the MUBEC
				provides a level of health, safety and welfare that is more stringent or less
				stringent than the provision of the code identified as "in conflict" with these
				Codes.
D. If the provision of the
				code identified as "in conflict" with these Codes is found to provide a level
				of health, safety and welfare that is less stringent, the Board members shall
				review the provision in respect to its conformance with "industry standards."
				If the provision of the code identified as "in conflict" is found to be less
				stringent than the industry standard, it shall not be adopted in place of the
				provision of these Codes.
E. If the
				provision of the code identified as "in conflict" is found to be more stringent
				than "industry standards," the current provision of the MUBEC, shall
				remain.
F. If the provision of the
				code identified as "in conflict" with these Codes is found to provide a level
				of health, safety, and welfare that is more stringent, the Board members shall
				consider the financial impact of the improved health, safety and welfare
				provision. If the cost of complying with the provision of the code identified
				as "in conflict" is found to be equal to or less than that of the provision of
				the MUBEC, the more stringent provision shall be adopted in place of the
				provision of the MUBEC.
G. If the
				cost of the code provision identified as "in conflict" is found to be greater
				than that of the MUBEC, the Board members will determine if the provision
				identified as "in conflict" "significantly influences health, safety, and
				welfare in the State." If the Board members find the provision identified as
				"in conflict" does significantly influence health, safety and welfare in the
				State it shall be adopted. If the Board members find the provision identified
				as "in conflict" does not significantly influence health, safety, and welfare,
				it shall not be adopted in place of the provision of the MUBEC.
H. A record of the deliberations shall be
				recorded, dated, and signed by the Board Secretary.