| HP1619 LD 2257 |
First Special Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 3523 Item 2 |
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| Bill Tracking | Chamber Status | ||
Amend the bill by inserting after section 1 the following:
‘Sec. 2. 10 MRSA §1415-C, sub-§7 is enacted to read:
Sec. 3. 10 MRSA §1415-D, sub-§2 is enacted to read:
Sec. 4. 10 MRSA §1420, sub-§4 is enacted to read:
Amend the bill in section 2 in §9707 in the first paragraph in the first line (page 1, line 10 in L.D.) by striking out the following: " January" and inserting the following: ' July'
Amend the bill in section 3 by striking out all of §§9722, 9723 and 9724 and inserting the following:
‘ § 9722. Technical Building Codes and Standards Board
(1) An architect licensed in the State;
(2) A structural engineer licensed in the State; or
(3) A builder;
A member appointed under this subsection must have at least 5 years' experience in the field that member is nominated to represent and must be employed in that field.
(1) A process for consideration of amendment proposals submitted by municipalities, county, regional or state governmental units, professional trade organizations and the public;
(2) A requirement that amendments that are more restrictive than the national minimum standard be accompanied by an economic impact statement that includes:
(a) An identification of the types and an estimate of the number of the small businesses subject to the proposed amendment;
(b) The projected reporting, record-keeping and other administrative costs required for compliance with the proposed amendment, including the type of professional skills necessary for preparation of the report or record;
(c) A brief statement of the probable impact on affected small businesses; and
(d) A description of any less intrusive or less costly, reasonable alternative methods of achieving the purposes of the proposed amendment;
(3) A process for reviewing and evaluating criteria to identify whether an amendment is needed to:
(a) Address a critical life or safety need, a specific state policy or statute or a unique character of the State;
(b) Ensure consistency with state rules or federal regulations; or
(c) Correct errors and omissions;
(4) Timelines governing the filing of amendments and a process to establish an annual adoption cycle; and
(5) A process for publication of adopted amendments within 30 days of adoption;
(1) Notification to the authority or authorities having jurisdiction over the code or standard that is in conflict with the Maine Uniform Building and Energy Code and a request for submission of proposed solutions for such conflicts;
(2) Procedures for consideration of proposed solutions submitted by the authority or authorities having jurisdiction over the code or standard that is in conflict with the Maine Uniform Building and Energy Code and consideration of new approaches to resolving the conflict; and
(3) Publication of resolution of the conflict within 30 days of adoption;
(1) Provisions of model codes and standards intended to facilitate the continued use or adaptive reuse of historic buildings must be maintained in the adopted versions of the Maine Uniform Building and Energy Code.
(2) The board shall proactively identify additional or alternative compliance means and methods for historic buildings in the adoption and amendment of the Maine Uniform Building and Energy Code; and
§ 9723. Training and certification program standards
§ 9724. Application
Amend the bill in section 3 in §9725 by striking out all of the first paragraph (page 5, lines 21 to 24 in L.D.) and inserting the following:
The codes and standards listed in this section remain in force in their entirety unless the board adopts and publishes a conflict resolution between the fire and safety codes and standards and the Maine Uniform Building and Energy Code. Conflict resolutions adopted pursuant to this chapter must also be incorporated into the fire and safety codes and standards by the appropriate authorities:’
Amend the bill by striking out all of sections 4 and 5 and inserting the following:
‘Sec. 4. 25 MRSA §2351, as corrected by RR 1995, c. 2, §56, is amended to read:
§ 2351. Inspector of buildings; compensation; deputy
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 inhabitants or less, if such a town so votes at a town meeting, and in each village corporation, if such a corporation so votes at the annual meeting thereof, the municipal officers shall annually in the month of April appoint an inspector of buildings, who must be a person skilled in the construction of buildings certified in building standards pursuant to Title 30-A, section 4451, subsection 2-A, paragraph E, and shall determine the inspector's compensation. The municipal officers shall define the limits within which the inspector of buildings has jurisdiction, which includes the thickly settled portion of each such city or of each village in each such city or town. Whenever the inspector of buildings becomes incapacitated, the municipal officers may appoint or authorize the inspector of buildings to appoint a deputy inspector of buildings , who shall serve until removed by the municipal officers, but in no event beyond the term for which the inspector of buildings was appointed. The deputy inspector shall perform such duties as may be required of the deputy inspector by the inspector. The compensation of the deputy inspector is determined by the municipal officers.
Sec. 5. 25 MRSA §2353 is amended to read:
§ 2353. Duty to inspect buildings under construction
The inspector of buildings shall inspect each new building during the process of construction , for compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103 and so far as may be necessary , to see that all proper safeguards against the catching or spreading of fire are used, that the chimneys and flues are made safe and that proper cutoffs are placed between the timbers in the walls and floorings where fire would be likely to spread, and may give such directions in writing to the owner or contractor , as he deems the inspector considers necessary , concerning the construction of such the building so as to render the same building safe from the catching and spreading of fire.’
Amend the bill by inserting after section 5 the following:
‘Sec. 6. 25 MRSA §2357, as amended by PL 1999, c. 725, §5, is further amended to read:
§ 2357. No occupancy without certificate; appeal
Subject to the provisions of Title 10, chapter 951, a new building may not be occupied until the inspector of buildings has given a certificate of occupancy for compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103, pursuant to the required inspections in section 2373 that the same building has been built in accordance with section 2353, and so as to be safe from fire. If the owner permits it to be so occupied without such certificate, the owner must be penalized in accordance with Title 30-A, section 4452. In case the inspector of buildings for any cause declines to give that certificate and the builder has in the builder's own judgment complied with section 2353, an appeal may be taken to the municipal officers and, if on such appeal it is decided by them that the section has been complied with, the owner of the building is not liable to a fine for want of the certificate of the inspector.’
Amend the bill by striking out all of section 7 and inserting the following:
‘Sec. 7. 25 MRSA c. 314 is enacted to read:
CHAPTER 314
Building Codes and Standards
§ 2371. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 2372. Bureau of Building Codes and Standards
(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; and
§ 2373. Municipal inspection options
Beginning July 1, 2010, the code must be enforced in a municipality that has more than 2,000 residents and that has adopted any building code by August 1, 2008. Beginning July 1, 2012, the code must be enforced in a municipality that has more than 2,000 residents and that has not adopted any building code by August 1, 2008. The code must be enforced through inspections that comply with the code through any of the following means:
§ 2374. Uniform Building Codes and Standards Fund
The Uniform Building Codes and Standards Fund is established within the Department of Public Safety to fund the activities of the bureau under this chapter and the activities of the board under Title 10, chapter 1103 and the Executive Department, State Planning Office under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is provided by the surcharge established by section 2450-A. 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.’
Amend the bill in section 9 in §2450-A in the first paragraph in the 6th line (page 9, line 17 in L.D.) by striking out the following: " and the activities of the Division" and inserting the following: ' , the activities of the Bureau'
Amend the bill in section 9 in §2450-A in the first paragraph in the 6th line (page 9, line 17 in L.D.) by inserting after the following: " 314" the following: ' and the activities of the Executive Department, State Planning Office under Title 30-A, section 4451, subsection 3-A'
Amend the bill in section 10 in subsection 5 in the first line (page 9, line 23 in L.D.) by striking out the following: " January" and inserting the following: ' July'
Amend the bill by inserting after section 12 the following:
‘Sec. 13. 30-A MRSA §4451, sub-§3-A is enacted to read:
Amend the bill by striking out all of section 16 and inserting the following:
‘Sec. 16. Adoption of Maine Uniform Building and Energy Code. The Technical Building Codes and Standards Board established by the Maine Revised Statutes, Title 5, section 12004-G, subsection 5-A, referred to in this section as “the board,” shall adopt the Maine Uniform Building and Energy Code pursuant to Title 10, section 9722 in accordance with this section.
1. The Maine Uniform Building and Energy Code adopted in accordance with Title 10, section 9722, subsection 6 must be composed of the substance of the following, with administrative and other minor changes to customize the codes for Maine:
2. Existing state codes and standards, where applicable, must be referenced in chapter one of the Maine Uniform Building and Energy Code.
3. The board shall adopt the Maine Uniform Building and Energy Code no later than January 1, 2010.
Amend the bill by inserting after section 17 the following:
‘Sec. 18. Report from the Technical Building Codes and Standards Board. The Technical Building Codes and Standards Board, established pursuant to Title 10, section 9722, shall provide by March 1, 2009 a report to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters regarding the criteria that will be used to develop rules to resolve the conflicts between the Maine Uniform Building and Energy Code and the fire and life safety codes in the Maine Revised Statutes, Title 25, sections 2452 and 2465, pursuant to its authority under Title 10, section 9722, subsection 6, paragraph D. The joint standing committee of the Legislature having jurisdiction over business, research and economic development matters is authorized to submit legislation relating to this criteria to the Second Regular Session of the 124th Legislature.
Sec. 19. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 25, sections 2351, 2353, 2357 and 2361 the words "inspector of buildings" appear, they are amended to read "building official" and wherever in the Maine Revised Statutes the words "building inspector" appear, they are amended to read "building official," and the Revisor of Statutes shall implement these revisions when updating, publishing or republishing the statutes.
Sec. 20. Appropriations and allocations. The following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
Bureau of Building Codes and Standards Z068
Initiative: Provides an allocation for 2 new positions and related costs within the newly created Bureau of Building Codes and Standards.
| OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
|
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 2.000 |
|
Personal Services
|
$0 | $162,979 |
|
All Other
|
$0 | $130,639 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $293,618 |
| PUBLIC SAFETY, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2007-08 | 2008-09 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $293,618 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $293,618 |
STATE PLANNING OFFICE
Planning Office 0082
Initiative: Allocates funds for one Planner II position and general operating expenses beginning April 9, 2009 to carry out the purposes of this Act.
| OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
|
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 1.000 |
|
Personal Services
|
$0 | $18,175 |
|
All Other
|
$0 | $254 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $18,429 |
| STATE PLANNING OFFICE | ||
| DEPARTMENT TOTALS | 2007-08 | 2008-09 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $18,429 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $18,429 |
| SECTION TOTALS | 2007-08 | 2008-09 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $312,047 |
|
|
|
| SECTION TOTAL - ALL FUNDS | $0 | $312,047 |
Sec. 21. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 25, sections 2351, 2353, 2357 and 2361 take effect July 1, 2010.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment is the majority report of the committee.
1. It amends the membership of the Technical Building Codes and Standards Board in the Department of Public Safety.
2. It provides the board with the authority to resolve conflicts only between the Maine Uniform Building and Energy Code and the fire and life safety codes.
3. It requires the board to adopt rules in accordance with the Maine Administrative Procedure Act necessary to carry out its duties.
4. It requires the board on December 31st of each calendar year beginning in 2010 to 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 the Maine Revised Statutes, Title 10, 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.
5. It changes the establishment of the Division of Building Codes and Standards in the Department of Public Safety, instead establishing it as an independent bureau within the Department of Public Safety.
6. It amends the energy efficiency building standards laws to incorporate the standards of the Maine Uniform Building and Energy Code.
7. It provides that, beginning July 1, 2010, the Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 2,000 residents and that has adopted any building code by August 1, 2008. Beginning July 1, 2012, the Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 2,000 residents and that has not adopted any building code by August 1, 2008. It provides that the Maine Uniform Building and Energy Code be enforced through inspections that comply with the code through any of the following means:
8. It replaces the term "inspector of buildings" with "building official."
9. It adds a definition for "3rd-party inspector" and requires the board to develop a training program for municipal building officials, local code enforcement officers and 3rd-party inspectors.
10. It clarifies that the Executive Department, State Planning Office is responsible for implementing the training and certification program established by the board.
11. It adds an appropriations and allocations section.