An Act To Clarify Enforcement of Maine's Building Codes

Sec. 1. 10 MRSA §9724, sub-§1,  as amended by PL 2009, c. 261, Pt. A, §7, is further amended to read:

Sec. 2. 10 MRSA §9724, sub-§3,  as amended by PL 2009, c. 261, Pt. A, §9, is repealed and the following enacted in its place:

Sec. 3. 12 MRSA §685-B, sub-§1-C  is enacted to read:

Sec. 4. 25 MRSA §2371, sub-§6,  as enacted by PL 2007, c. 699, §11, is amended to read:

Sec. 5. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 10, section 9724, subsection 3 applies retroactively to December 1, 2010.

SUMMARY

This bill:

1. Clarifies that the Maine Uniform Building and Energy Code must be adopted and enforced by all municipalities with a population of more than 2,000 residents by July 1, 2012;

2. Clarifies that a municipal ordinance that is inconsistent with the Maine Uniform Building and Energy Code is void in a municipality that has adopted the Maine Uniform Building and Energy Code. This provision applies retroactively to the date of adoption of the Maine Uniform Building and Energy Code, which is December 1, 2010 for certain municipalities;

3. Requires the Maine Land Use Regulation Commission to provide written notice of the existence of the Maine Uniform Building and Energy Code to an applicant for a building permit in an unorganized or deorganized territory; and

4. Prohibits a person from serving as a 3rd-party inspector for the purposes of enforcing the Maine Uniform Building and Energy Code in a municipality in which that person is appointed a building official.