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Commission in conformance with the mandatory standards for | | residential construction as defined in section 1415-C. |
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| | | Sec. 16. 10 MRSA §1414-A, as amended by PL 1989, c. 501, Pt. DD, | | §23, is further amended to read: |
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| | | §1414-A. Adoption of energy performance building standards by |
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| | | 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. |
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| | | 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: |
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| | | 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. |
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| | | 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. |
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| | | 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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