Public Laws

124th Legislature

First Regular Session


Parts: A B

Chapter 261

H.P. 466 - L.D. 652

PART A

Sec. A-1. 10 MRSA §1415-C, sub-§7,  as enacted by PL 2007, c. 699, §2, is amended to read:

7. Repeal.   This section is repealed July December 1, 2010.

Sec. A-2. 10 MRSA §1415-D, sub-§2,  as enacted by PL 2007, c. 699, §3, is amended to read:

2. Repeal.   This section is repealed July December 1, 2010.

Sec. A-3. 10 MRSA §1420, sub-§4,  as enacted by PL 2007, c. 699, §4, is amended to read:

4. Repeal.   This section is repealed July December 1, 2010.

Sec. A-4. 10 MRSA §9707,  as enacted by PL 2007, c. 699, §5, is amended to read:

§ 9707.  Repeal

This chapter is repealed July December 1, 2010.

Sec. A-5. 10 MRSA §9721, sub-§1-A  is enacted to read:

1-A Building code.   "Building code" means any part or portion of any edition of a code that regulates the construction of a building, including codes published by the International Code Council or Building Officials and Code Administrators International, Inc., or the Maine Model Building Code or the International Existing Building Code adopted pursuant to Title 10, section 9702, but does not include the fire and life safety codes in Title 25, section 2452.

Sec. A-6. 10 MRSA §9722, sub-§6, ¶E,  as enacted by PL 2007, c. 699, §6, is amended to read:

E. On December January 31st of each calendar year beginning in 2010 2011, 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 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;

Sec. A-7. 10 MRSA §9724, sub-§1,  as enacted by PL 2007, c. 699, §6, is amended to read:

1. Limitations on home rule authority.   This chapter provides express limitations on municipal home rule authority. Beginning July December 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. The Maine Uniform Building and Energy Code must be enforced through inspections that comply with Title 25, section 2373.

Sec. A-8. 10 MRSA §9724, sub-§2,  as enacted by PL 2007, c. 699, §6, is amended to read:

2. Prior statewide codes and standards.   Effective July 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.

Sec. A-9. 10 MRSA §9724, sub-§3,  as enacted by PL 2007, c. 699, §6, is amended to read:

3. Ordinances.   Effective July December 1, 2010, except as provided in subsection 4 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.

Sec. A-10. 25 MRSA §2353,  as amended by PL 2007, c. 699, §8 and affected by §26, is repealed and the following enacted in its place:

§ 2353.   Duty to inspect buildings under construction

Unless the municipality is enforcing the Maine Uniform Building and Energy Code by means of 3rd-party inspectors pursuant to section 2373, subsection 4, the building official shall inspect each new building during the process of construction, 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 the building official considers necessary concerning the construction of such building so as to render the same safe from the catching and spreading of fire.

This section is repealed December 1, 2010.

Sec. A-11. 25 MRSA §2357,  as amended by PL 1999, c. 725, §5 and PL 2007, c. 699, §9 and affected by §26, is repealed and the following enacted in its place:

§ 2357.   No occupancy without certificate; appeal

Subject to the provisions of Title 10, chapter 951, a new building may not be occupied until the building official has given a certificate that the same has been built in accordance with section 2353, and so as to be safe from fire. The inspector of buildings may issue the certificate of occupancy upon receipt of an inspection report by a certified 3rd-party inspector pursuant to section 2373, subsection 4. The municipality has no obligation to review a report from a 3rd-party inspector for accuracy prior to issuing the certificate of occupancy. 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 building official 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 building official.

This section is repealed December 1, 2010.

Sec. A-12. 25 MRSA §2373, first ¶,  as enacted by PL 2007, c. 699, §11, is amended to read:

Beginning July December 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:

Sec. A-13. 25 MRSA §2466, sub-§5,  as enacted by PL 2007, c. 699, §14, is amended to read:

5. Repeal.   This section is repealed July December 1, 2010.

Sec. A-14. 30-A MRSA §4451, sub-§2-A, ¶E,  as amended by PL 2007, c. 699, §15, is further amended to read:

E. Building standards under chapter 141; chapter 185, subchapter 1; beginning January June 1, 2010, Title 10, chapter 1103; and Title 25, chapters 313 and 331.

Sec. A-15. 35-A MRSA §121, sub-§3,  as enacted by PL 2007, c. 699, §19, is amended to read:

3. Repeal.   This section is repealed January December 1, 2010.

Sec. A-16. PL 2007, c. 699, §21, sub-§3  is amended to read:

3. The board shall adopt the Maine Uniform Building and Energy Code no later than January  June 1, 2010.

A. Between January  June 1, 2010 and July  December 1, 2010, building construction and renovation projects may utilize either the Maine Uniform Building and Energy Code or existing building and energy codes adopted by any political subdivision of the State.
B. The board shall maintain an adoption cycle for future versions of the Maine Uniform Building and Energy Code that is coordinated with the State Fire Marshal’s adoption cycle and that does not lapse more than 5 years or one national model code version cycle.

Sec. A-17. PL 2007, c. 699, §27  is amended to read:

Sec. 27. Staggered effective date for enforcement of Maine Uniform Building and Energy Code. A municipality that has more than 2,000 residents that has adopted any building code by August 1, 2008 shall begin enforcement of the Maine Uniform Building and Energy Code adopted pursuant to the Maine Revised Statutes, Title 10, chapter 1103 by June December 1, 2010. Any municipality with more than 2,000 residents that has not adopted any building code by August 1, 2008 shall begin enforcement of the Maine Uniform Building and Energy Code by January 1, 2012.

Sec. A-18. Resolve 2007, c. 219, §1  is amended to read:

Sec. 1. Study. Resolved: That the Department of Professional and Financial Regulation shall study the issue of residential contractor licensing. The department shall include in its study a review of the various building and energy codes in existence throughout the State. The department shall report its recommendations for residential contractor licensing to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters no later than January 4, December 1, 2010. The joint standing committee of the Legislature having jurisdiction over business, research and economic development matters may submit legislation regarding residential contractor licensing to the Second First Regular Session of the 124th 125th Legislature.

Sec. A-19. Review. The Technical Building Codes and Standards Board established under the Maine Revised Statutes, Title 10, section 9722 shall review issues regarding 3rd-party inspectors and inspections, including, but not limited to, tort claims protection, and make any recommendations for changes to the law, including any necessary implementing legislation, to the Joint Standing Committee on Business, Research and Economic Development no later than December 1, 2010.

Sec. A-20. Retroactivity. That section of this Act that amends Public Law 2007, chapter 699, section 23 applies retroactively to March 1, 2009.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333