Maine Revised Statutes

§9724. Application

1. Limitations on home rule authority.  This chapter provides express limitations on municipal home rule authority. The Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 4,000 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 4,000 residents and that has not adopted any building code by August 1, 2008. The Maine Uniform Building and Energy Code must be enforced through inspections that comply with Title 25, section 2373.
[ 2011, c. 408, §4 (AMD) .]
1-A. Municipalities up to 4,000 residents.  A municipality of up to 4,000 residents may not adopt or enforce a building code other than the Maine Uniform Building Code, the Maine Uniform Energy Code or the Maine Uniform Building and Energy Code. Notwithstanding any other provision of this chapter or Title 25, chapter 314, the provisions of the Maine Uniform Building Code, the Maine Uniform Energy Code or the Maine Uniform Building and Energy Code do not apply in a municipality that has 4,000 or fewer residents except to the extent the municipality has adopted that code pursuant to this subsection.
[ 2011, c. 408, §5 (NEW) .]
1-B. Residents.   For the purposes of subsections 1 and 1-A, "residents" does not include persons held at a correctional facility, as defined in Title 34-A, section 1001, subsection 6, within the municipality.
[ 2011, c. 505, §1 (NEW) .]
2. Prior statewide codes and standards.  Effective December 1, 2010, the Maine Uniform Building and Energy Code adopted pursuant to this chapter replaces, and is intended to be the successor to, the Model Energy Code established in Title 35-A, section 121 and the Maine model radon standard for new residential construction set forth in Title 25, section 2466.
[ 2009, c. 261, Pt. A, §8 (AMD) .]
3. Ordinances.  Effective December 1, 2010, except as provided in subsection 5 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.
[ 2011, c. 365, §4 (AMD) .]
4. Exception.  
[ 2011, c. 365, §5 (RP) .]
5. Exception.   This section does not prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes. If such an ordinance does not provide for a process to appeal decisions made by building officials administering and enforcing the Maine Uniform Building Code, the Maine Uniform Energy Code or the Maine Uniform Building and Energy Code, an appeal may be taken in the same manner as provided under Title 30-A, section 4103, subsection 5. This section does not prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth the swimming pool fencing standards, without amendment, contained in Appendix G of the 2nd edition of the 2009 International Residential Code.
A. The requirements of the Maine Uniform Building and Energy Code do not apply to:
(1) Log homes or manufactured housing as defined in chapter 951;
(2) Post and beam or timber frame construction; or
(3) Warehouses or silos used to store harvested crops. [2011, c. 365, §6 (NEW).]
B. [2011, c. 365, §6 (NEW); MRSA T. 10, §9724, sub-5, ¶B (RP).]
[ 2011, c. 582, §1 (AMD) .]
6. Adoption by reference.   The Maine Uniform Building Code, the Maine Uniform Energy Code and the Maine Uniform Building and Energy Code may be adopted by reference by a municipality as specified in Title 30-A, section 3003.
[ 2011, c. 582, §2 (NEW) .]
SECTION HISTORY
2007, c. 699, §6 (NEW). 2009, c. 261, Pt. A, §§7-9 (AMD). 2011, c. 365, §§4-6 (AMD). 2011, c. 408, §§4, 5 (AMD). 2011, c. 505, §1 (AMD). 2011, c. 582, §§1, 2 (AMD). MRSA T. 10, §9724, sub-5, ¶B (AMD).

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