Code of Maine Rules › 19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT › 498 - OFFICE OF TOURISM AND COMMUNITY DEVELOPMENT › Chapter 300 - CERTIFICATION STANDARDS FOR MUNICIPAL CODE ENFORCEMENT OFFICERS AND THIRD-PARTY INSPECTORS › Section 498-300-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms, as used in this chapter, shall have the
				  following meanings, unless the context indicates otherwise.
1.
80K certification.
"80K
				certification" means a written notice from the Office that an eligible
				individual has demonstrated an understanding with District Court procedures for
				the prosecution of alleged land use violations pursuant to Rule 80K of the
				Maine Rules of Civil Procedures and 30-A MRSA, section 4453.
2.
Any building code
. "Any
				building code" means a building code or standard locally-adopted based on the
				Maine model building code under 10 MRSA, chapter 1101 or a national model
				building code used to regulate the construction of buildings. A life safety or
				fire code is not considered as any building code for the purposes of this
				definition.
3.
Basic
				training
. "Basic training" means the education workshops coordinated
				through the Office, which are presented at an introductory level and are
				applicable to newly-appointed code enforcement officers.
4.
Building
. "Building" means
				any structure used or intended for supporting or sheltering any use or
				occupancy.
5.
Building
				standards
. "Building standards" means the laws, codes, standards, rules,
				and ordinances related to 30-A MRSA, chapter 141 that grants municipal
				ordinance powers; 30-A MRSA, chapter 185, subchapter 3 that provides for
				municipal regulation of construction and improvements; 25 MRSA, chapter 313
				that regulates municipal inspections of buildings; and 10 MRSA, chapter 1103,
				the Maine Uniform Building Code, the Maine Uniform Energy Code, and the Maine
				Uniform Building and Energy Code that consists of the: commercial building
				code, commercial energy code, indoor commercial ventilation code, indoor
				residential ventilation code, residential building code, residential energy
				code, and residential radon code.
6.
Building official
. "Building
				official" means an individual appointed by a municipality pursuant to 25 MRSA,
				section 2351. For purposes of this rule, a code enforcement officer is
				considered a building official when appointed by the municipality under section
				2351 to administer any of the building codes that are part of the building
				standards specific area.
7.
Certification
. "Certification" means a written notice from the
				Office that an individual may act as a local code enforcement officer or a
				third-party inspector having demonstrated a basic understanding of the laws,
				codes, standards, rules, and ordinances of those specific areas of their job
				responsibility and, for a code enforcement officer, the legal and
				administrative requirements of permitting and enforcement. This certification
				does not replace any other certification required by state or local law or
				rule.
8.
Code enforcement
				officer
. "Code enforcement officer" means an individual who has been
				appointed and sworn by a municipality to enforce laws and ordinances in any one
				or more of the following specific areas of responsibility: A) shoreland zoning
				under 38 MRSA, chapter 3, subchapter 1, article 2-B; B) comprehensive planning
				and land use under 30-A MRSA, chapter 187; C) internal plumbing under 30-A
				MRSA, chapter 185, subchapter 3; D) subsurface wastewater disposal under 30-A
				MRSA, chapter 185, subchapter 3; and E) building standards under 30-A MRSA,
				chapters 141 and 185; 10 MRSA, chapter 1103; and 25 MRSA, chapter 313 and
				331.
9.
Comprehensive
				planning and land use
. "Comprehensive planning and land use" means the
				laws, codes, standards, rules, and ordinances related to 30-A MRSA, Chapter
				187.
10.
Commercial building
				code
. "Commercial building code" means the International Building Code
				published by the International Code Council and as adopted and as may be
				amended by the Technical Building Codes and Standards Board pursuant to 10
				MRSA, section 9722, subsection 6 and PL 2007, chapter 699, section
				21.
11.
Commercial energy
				code
. "Commercial energy code" means the International Energy
				Conservation Code publishing by the International Code Council and as adopted
				and as may be amended by the Technical Building Codes and Standards Board
				pursuant to 10 MRSA, section 9722, subsection 6 and PL 2007, chapter 699,
				section 21 or ASHRAE Standard 90.1-2007, Energy Standard for Buildings Except
				Low-Rise Residential Buildings, published by the American Society of Heating,
				Refrigerating and Air Conditioning Engineers, Inc., and as adopted and may be
				amended by the Technical Building Codes and Standards Board pursuant to 10
				MRSA, section 9722, subsection 6 and PL 2007, chapter 699, section
				21.
12.
Contact hour
.
				"Contact hour" means one (1) hour of actual time spent in a training
				activity.
13.
Construction
. "Construction" means the enlargement, alteration,
				repair, movement, demolition or change in the occupancy of a
				building.
14.
Degree
.
				"Degree" means a document issued by a recognized institution of learning, which
				verifies completion of a course of study, including diplomas, certificates or
				official transcripts.
15.
Enforce
. "Enforce" means that a municipal building official either
				takes action to inspect buildings in accordance with 25 MRSA, sections
				2351-2361, or to review inspection reports of third-party inspectors for
				accuracy, pursuant to a duly adopted municipal ordinance.
16.
Examination
. "Examination"
				means the testing process through which an individual acquires certification,
				as described in section 4 of this chapter.
17.
Full-time
. "Full-time" means
				an individual who works 35 hours per week or more.
18.
Hardship
. "Hardship" means
				that a municipality, through no fault of its own, would be at risk of having
				its permitting decisions invalidated.
19.
Indoor commercial ventilation
				code
. "Indoor commercial ventilation code" means the ASHRAE Standard
				62.1-2007, Ventilation for Acceptable Indoor Air Quality, published by the
				American Society of Heating, Refrigerating and Air-conditioning Engineers,
				Inc., and as adopted and may be amended by the Technical Building Codes and
				Standards Board pursuant to 10 MRSA, section 9722, subsection 6 and PL 2007,
				chapter 699, section 21.
20.
Indoor residential ventilation code
. "Indoor residential
				ventilation code" means the ASHRAE Standard 62.2-2007, "Ventilation for
				Acceptable Indoor Air Quality in Low-Rise Residential Buildings", published by
				the American Society of Heating, Refrigerating and Air-conditioning Engineers,
				Inc., and as adopted and may be amended by the Technical Building Codes and
				Standards Board pursuant to 10 MRSA, section 9722, subsection 6 and PL 2007,
				chapter 699, section 21.
21.
Internal plumbing.
"Internal plumbing" means the laws, codes,
				standards, rules, and ordinances related to 30-A MRSA, chapter 185, subchapter
				3.
22.
Legal issues and
				enforcement techniques
. "Legal issues and enforcement techniques" means
				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 methods and procedures of enforcement.
23.
Local plumbing inspector.
"Local plumbing inspector" means an individual appointed by the
				municipality pursuant to 30-A MRSA, section 4221. For purposes of this rule, a
				code enforcement officer is considered a local plumbing inspector when
				appointed by the municipality under section 4221 to administer the internal
				plumbing or subsurface waste disposal specific areas.
24.
Maine Uniform Building Code
				.
"Maine Uniform Building Code" means the portion of the Maine uniform
				Building and Energy Code that does not contain energy code requirements as
				adopted and amended by the Technical Building Codes and Standards Board
				pursuant to 10 MRSA, Chapter 1103.
25.
Maine Uniform Building and Energy
				Code.
"Maine Uniform Building and Energy Code" means the uniform
				statewide building and energy code adopted and amended by the Technical
				Building Codes and Standards Board pursuant to 10 MRSA, chapter 1103.
26.
Maine Uniform Energy Code .
"Maine Uniform Energy Code" means the portion of the Maine Uniform Building and
				Energy Code that contains only the energy code requirements as adopted and
				amended by the Technical Building Codes and Standards Board pursuant to 10
				MRSA, Chapter 1103.
27.
Office
. "Office" means the Department of Economic and Community
				Development's Office of Community Development.
28.
Population
. "Population"
				means the number of residents living in the municipality according to the US
				Census Bureau's most recent decennial census.
29.
Professional activity
.
				"Professional activity" means related volunteer service or participation not
				considered a requirement for the continuing employment of the code enforcement
				officer. It may include service as an officer of a national, state or regional
				association or service on a committee, advisory board or task force of a
				regional, state or federal government or model code organization or
				institution, teaching code administration related courses or working for
				related service or charitable organizations.
30.
Professional certification
.
				"Professional certification" means the individual has successfully completed
				the examination, education, or work experience requirements for recognition by
				an acknowledged professional association or institute for knowledge, technical
				expertise and adherence to standards of practice.
31.
Professional license.
"Professional license" means the individual has successfully completed the
				examination, education, or work experience requirements to engage in a
				profession, occupation, business or industry in the State of Maine.
32.
Recertification training
.
				"Recertification training" means those continuing education sessions which are
				provided by state agencies, educational institutions, professional associations
				or other relevant organizations and approved by the Office as providing a code
				enforcement officer or third-party inspector with updated knowledge in a
				specific area.
33.
Recertification
.
"
Recertification" means written
				notice from the Office that a code enforcement officer has met the
				recertification standards in section 5 of this chapter or that a third-party
				inspector has met the recertification standards in section 8 of this
				chapter.
34.
Registered code
				enforcement officer
. "Registered code enforcement officer" means a
				person who administers laws, codes, ordinances, and regulations on behalf of an
				appointing municipality and who is registered with the Office in accordance
				with section 10 of this chapter.
35.
Residential building code.
				"
Residential building code" means the International Residential Code
				published by the International Code Council and as adopted and as may be
				amended by the Technical Building Codes and Standards Board pursuant to 10
				MRSA, section 9722, subsection 6 and PL 2007, chapter 699, section
				21.
36.
Residential energy
				code.
"Residential energy code" means the International Energy
				Conservation Code published by the International Code Council and as adopted
				and as may be amended by the Technical Building Codes and Standards Board
				pursuant to 10 MRSA, section 9722, subsection 6 and PL 2007, chapter 699,
				section 21.
37.
Residential
				radon code
. "Residential radon code" means the ASTM E 1465-06, Standard
				Practice for Radon Control Options for the Design and Construction of New
				Low-Rise Residential Buildings, published by the ASTM International and as
				adopted and as may be amended by the Technical Building Codes and Standards
				Board pursuant to 10 MRSA, section 9722, subsection 6 and PL 2007, chapter 699,
				section 21.
38.
Shoreland
				zoning
. "Shoreland zoning" means the laws, codes, standards, rules, and
				ordinances related to 38 MRSA, chapter 3, subchapter 1, article 2-B.
39.
Specific area
. "Specific
				area" means the body of laws, codes, standards, rules, and ordinances for which
				a code enforcement officer is appointed and sworn to enforce, and in which a
				code enforcement officer is required to be certified. These may include:
				shoreland zoning, comprehensive planning and land use, internal plumbing,
				subsurface wastewater disposal, and building standards.
40.
Subsurface waste disposal
.
				"Subsurface waste disposal" means the laws, codes, standards, rules, and
				ordinances related to 30-A MRSA, chapter 185, subchapter 3.
41.
Technical Building Codes and
				Standards Board
. "Technical Building Codes and Standards Board" means
				the board established in 5 MRSA, section 12004-G, subsection 5-A and 10 MRSA,
				section 9722.
42.
Third
-
party inspector
. "Third-party inspector" has
				the same definition as 25 MRSA, section 2371, subsection 6 and means a person
				certified by the Department of Economic and Community Development's Office of
				Community Development to conduct building inspections under 30-A MRSA, section
				4451 for compliance with the Maine Uniform Building and Energy Code.
43.
Training activity
. "Training
				activity" means approved professional and educational activities as described
				in section 5.1 of this chapter that keeps the code enforcement officer current
				in the officer's specific areas of job responsibilities and is intended to meet
				the recertification requirement in 30-A MRSA, section 4451, subsection
				6.
44.
Work
				experience
. "Work experience" means employment as a municipal code
				enforcement officer in Maine enforcing Maine laws, codes, and
				ordinances.