HP0691, LD 977, item 1, An Act To Restore Uniformity to the Maine Uniform Building and Energy Code

An Act To Restore Uniformity to the Maine Uniform Building and Energy Code

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA §9724, sub-§1, as amended by PL 2011, c. 408, §4, is further amended to read:

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 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 4,000 residents and that has not adopted any building code by August 1, 2008. Beginning July 1, 2014, 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. 2. 10 MRSA §9724, sub-§1-A, as enacted by PL 2011, c. 408, §5, is amended to read:

1-A. Municipalities up to 2,000 residents. A municipality of up to 4,000 2,000 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 2,000 or fewer residents except to the extent the municipality has adopted that code pursuant to this subsection.

Sec. 3. 25 MRSA §2373, first ¶, as amended by PL 2011, c. 408, §6, is further amended to read:

The code must be enforced in a municipality that has more than 4,000 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 4,000 residents and that has not adopted any building code by August 1, 2008. Beginning July 1, 2014, 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:

SUMMARY

Current law requires the Maine Uniform Building and Energy Code to be enforced in a municipality that has more than 4,000 residents; a municipality with 4,000 or fewer residents that has not adopted a building code is exempt. This bill requires the Maine Uniform Building and Energy Code to be enforced in all municipalities with more than 2,000 residents, beginning July 1, 2014. A municipality with 2,000 or fewer residents is exempt, but, if a building code is adopted in such a municipality, it must be the Maine Uniform Building and Energy Code.

HP0691 LD 977	Session - 126th Maine Legislature		LR 1593 Item 1
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