An Act To Preserve Code Enforcement Officer Training and Certification
Sec. 1. 5 MRSA §13072, sub-§7, ¶A, as amended by PL 2011, c. 655, Pt. FF, §1 and affected by §16, is further amended to read:
Sec. 2. 5 MRSA §13072, sub-§7, ¶G, as enacted by PL 2011, c. 655, Pt. FF, §1 and affected by §16, is repealed.
Sec. 3. 10 MRSA §9723, sub-§2, as amended by PL 2011, c. 633, §6 and c. 655, Pt. FF, §2 and affected by §16, is repealed and the following enacted in its place:
Sec. 4. 25 MRSA §2374, as amended by PL 2011, c. 633, §11 and c. 655, Pt. FF, §3 and affected by §16, is repealed and the following enacted in its place:
§ 2374. Uniform Building Codes and Standards Fund
The Uniform Building Codes and Standards Fund, referred to in this section as "the fund," is established within the Department of Public Safety to fund the activities of the division under this chapter and the activities of the board under Title 10, chapter 1103 and the Department of Environmental Protection, Bureau of Land Quality Control under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is provided by the surcharge established by section 2450-A. The Department of Public Safety and the Department of Environmental Protection, Bureau of Land Quality Control shall together determine an amount to be transferred annually from the fund for training and certification under Title 30-A, section 4451, subsection 3-A to the Maine Code Enforcement Training and Certification Fund established in Title 30-A, section 4451, subsection 3-B. 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.
Sec. 5. 25 MRSA §2450-A, as amended by PL 2011, c. 633, §12 and c. 655, Pt. FF, §4 and affected by §16, is repealed and the following enacted in its place:
§ 2450-A. Surcharge on plan review fee for Uniform Building Codes and Standards Fund
In addition to the fees established in section 2450, a surcharge of 4¢ per square foot of occupied space must be levied on the existing fee schedule for new construction, reconstruction, repairs, renovations or new use for the sole purpose of funding the activities of the Technical Building Codes and Standards Board with respect to the Maine Uniform Building and Energy Code, established pursuant to Title 10, chapter 1103, the activities of the division under chapter 314 and the activities of the Department of Environmental Protection, Bureau of Land Quality Control under Title 30-A, section 4451, subsection 3-A, except that the fee for review of a plan for the renovation of a public school, including the fee established under section 2450, may not exceed $450. Revenue collected from this surcharge must be deposited into the Uniform Building Codes and Standards Fund established by section 2374.
Sec. 6. 30-A MRSA §4215, sub-§4, as amended by PL 2011, c. 655, Pt. FF, §5 and affected by §16, is further amended to read:
Sec. 7. 30-A MRSA §4221, sub-§1, as amended by PL 2011, c. 655, Pt. FF, §6 and affected by §16, is further amended to read:
Compensation of plumbing inspectors is determined by the municipal officers and paid by the respective municipalities.
The municipal officers may remove a plumbing inspector for cause, after notice and hearing.
Sec. 8. 30-A MRSA §4451, as amended by PL 2011, c. 613, §27 and affected by §29 and amended by c. 655, Pt. FF, §8 and affected by §16, is further amended to read:
§ 4451. Training and certification for code enforcement officers
(1) The code enforcement officer has practiced fraud or deception;
(2) Reasonable care, judgment or the application of a duly trained and knowledgeable code enforcement officer's ability was not used in the performance of the duties of the office; or
(3) The code enforcement officer is incompetent or unable to perform properly the duties of the office.
Sec. 9. 30-A MRSA §4452, sub-§7, as amended by PL 2011, c. 655, Pt. FF, §9 and affected by §16, is further amended to read:
Sec. 10. 30-A MRSA §4453, first ¶, as amended by PL 2011, c. 655, Pt. FF, §10 and affected by §16, is further amended to read:
The Department of Economic and Community Development, Office of Community Development Environmental Protection, Bureau of Land Quality Control shall establish certification standards and a program to certify familiarity with court procedures for the following individuals:
Sec. 11. Appropriations and allocations. The following appropriations and allocations are made.
ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF
Community Development Block Grant Program 0587
Initiative: Transfers one Planner II position and reduces funding for related All Other costs due to the responsibilities for code enforcement officer training and certification being transferred to the Department of Environmental Protection.
| OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
|
POSITIONS - LEGISLATIVE COUNT
|
(1.000) | (1.000) |
|
Personal Services
|
($67,245) | ($71,310) |
|
All Other
|
($41,233) | ($41,233) |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | ($108,478) | ($112,543) |
| ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2013-14 | 2014-15 |
|
OTHER SPECIAL REVENUE FUNDS
|
($108,478) | ($112,543) |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | ($108,478) | ($112,543) |
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Land and Water Quality 0248
Initiative: Transfers one Planner II position and related All Other costs due to the responsibilities for code enforcement officer training and certification being transferred from the Department of Economic and Community Development to the Department of Environmental Protection.
| OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
|
POSITIONS - LEGISLATIVE COUNT
|
1.000 | 1.000 |
|
Personal Services
|
$67,245 | $71,310 |
|
All Other
|
$41,233 | $41,233 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $108,478 | $112,543 |
| ENVIRONMENTAL PROTECTION, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2013-14 | 2014-15 |
|
OTHER SPECIAL REVENUE FUNDS
|
$108,478 | $112,543 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $108,478 | $112,543 |
| SECTION TOTALS | 2013-14 | 2014-15 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $0 |
|
|
|
| SECTION TOTAL - ALL FUNDS | $0 | $0 |
summary
This bill reassigns the responsibilities for code enforcement officer training and certification from the Department of Economic and Community Development, Office of Community Development to the Department of Environmental Protection, Bureau of Land Quality Control. Current law partially funds the position from the Maine Code Enforcement Training and Certification Fund, which receives fees and surcharges imposed for the examination of plans for construction, reconstruction or repairs, plumbing inspections and training and certification of municipal building officials and code enforcement officers. Current law also provides that if insufficient funds are available to support the training and certification program, the program is discontinued. This bill removes that provision.