LD 1818
pg. 9
Page 8 of 14 An Act To Amend the Economic Development Laws Page 10 of 14
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LR 2621
Item 1

 
Commission in conformance with the mandatory standards for
residential construction as defined in section 1415-C.

 
Sec. 16. 10 MRSA §1414-A, as amended by PL 1989, c. 501, Pt. DD,
§23, is further amended to read:

 
§1414-A. Adoption of energy performance building standards by

 
state agencies

 
Energy performance building standards adopted by state
agencies shall must be coordinated with each other, as far as
practicable, so that similar activities and buildings are treated
in a similar way. The Commissioner of Economic and Community
Development commission shall assist other state agencies in
developing energy standards which that comply with this section.

 
Sec. 17. 10 MRSA §1415-C, sub-§§4 to 6, as amended by PL 1991, c. 824,
Pt. A, §14, are further amended to read:

 
4. Waiver. A waiver from subsection 3 may be granted by the
commissioner commission on a case-by-case basis for instances of
renovation as defined by section 1413, subsection 15. In regards
to the renovation of historic buildings, a waiver is granted when
the Executive Director of the State Historic Preservation
Commission determines that adherence to the energy building
standards would result in irreparable damage to the historic
character of a building on the National Register of Historic
Places, eligible for nomination to the national register or
designated as a historic building by a certified municipal
historic preservation ordinance. In other instances, such as the
rebuilding of a structure damaged by fire or a historic
preservation project when maintaining historic character is not
an issue, the commissioner commission may grant a waiver when it
can be shown that the additional cost of meeting the energy
building standards would make the building renovation
economically infeasible.

 
5. Waiver decision. The commissioner commission shall render
a decision on an application for a waiver from the standards
within 30 days of the receipt by the commissioner commission of a
complete application for a waiver. In rendering a decision, the
commissioner commission may place conditions upon the granting of
a waiver. Failure on the part of the commissioner commission to
render a decision within the 30-day period constitutes approval
of the request for the waiver.

 
6. Waiver application. A request for a waiver under
subsection 4 must be submitted to the Department of Economic and
Community Development commission in writing and must contain the
location of the renovation, the intended use of the building and


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