An Act To Establish a Uniform Building and Energy Code
Sec. 1. 5 MRSA §12004-G, sub-§5-A is enacted to read:
Building Codes and Standards | Technical Building Codes and Standards Board | Expenses Only | 10 MRSA c. 1103 |
Sec. 2. 10 MRSA §1415-C, sub-§7 is enacted to read:
Sec. 3. 10 MRSA §1415-D, sub-§2 is enacted to read:
Sec. 4. 10 MRSA §1420, sub-§4 is enacted to read:
Sec. 5. 10 MRSA §9707 is enacted to read:
§ 9707. Repeal
This chapter is repealed July 1, 2010.
Sec. 6. 10 MRSA c. 1103 is enacted to read:
CHAPTER 1103
MAINE UNIFORM BUILDING AND ENERGY CODE
§ 9721. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 9722. Technical Building Codes and Standards Board
(1) An architect licensed in the State;
(2) A structural engineer licensed in the State; or
(3) A builder;
A member appointed under this subsection must have at least 5 years' experience in the field that member is nominated to represent and must be employed in that field.
(1) A process for consideration of amendment proposals submitted by municipalities, county, regional or state governmental units, professional trade organizations and the public;
(2) A requirement that amendments that are more restrictive than the national minimum standard be accompanied by an economic impact statement that includes:
(a) An identification of the types and an estimate of the number of the small businesses subject to the proposed amendment;
(b) The projected reporting, record-keeping and other administrative costs required for compliance with the proposed amendment, including the type of professional skills necessary for preparation of the report or record;
(c) A brief statement of the probable impact on affected small businesses; and
(d) A description of any less intrusive or less costly, reasonable alternative methods of achieving the purposes of the proposed amendment;
(3) A process for reviewing and evaluating criteria to identify whether an amendment is needed to:
(a) Address a critical life or safety need, a specific state policy or statute or a unique character of the State;
(b) Ensure consistency with state rules or federal regulations; or
(c) Correct errors and omissions;
(4) Timelines governing the filing of amendments and a process to establish an annual adoption cycle; and
(5) A process for publication of adopted amendments within 30 days of adoption;
(1) Notification to the authority or authorities having jurisdiction over the code or standard that is in conflict with the Maine Uniform Building and Energy Code and a request for submission of proposed solutions for such conflicts;
(2) Procedures for consideration of proposed solutions submitted by the authority or authorities having jurisdiction over the code or standard that is in conflict with the Maine Uniform Building and Energy Code and consideration of new approaches to resolving the conflict; and
(3) Publication of resolution of the conflict within 30 days of adoption;
(1) Provisions of model codes and standards intended to facilitate the continued use or adaptive reuse of historic buildings must be maintained in the adopted versions of the Maine Uniform Building and Energy Code.
(2) The board shall proactively identify additional or alternative compliance means and methods for historic buildings in the adoption and amendment of the Maine Uniform Building and Energy Code;
§ 9723. Training and certification program standards
§ 9724. Application
§ 9725. Fire and building-related codes and standards remain
The codes and standards listed in this section remain in force in their entirety unless the board adopts and publishes a conflict resolution between the fire and safety codes and standards and the Maine Uniform Building and Energy Code. Conflict resolutions adopted pursuant to this chapter must also be incorporated into the fire and safety codes and standards by the appropriate authorities:
Sec. 7. 25 MRSA §2351, as corrected by RR 1995, c. 2, §56, is amended to read:
§ 2351. Inspector of buildings; compensation; deputy
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 inhabitants or less, if such a town so votes at a town meeting, and in each village corporation, if such a corporation so votes at the annual meeting thereof, the municipal officers shall annually in the month of April appoint an inspector of buildings, who must be a person skilled in the construction of buildings certified in building standards pursuant to Title 30-A, section 4451, subsection 2-A, paragraph E, and shall determine the inspector's compensation. The municipal officers shall define the limits within which the inspector of buildings has jurisdiction, which includes the thickly settled portion of each such city or of each village in each such city or town. Whenever the inspector of buildings becomes incapacitated, the municipal officers may appoint or authorize the inspector of buildings to appoint a deputy inspector of buildings , who shall serve until removed by the municipal officers, but in no event beyond the term for which the inspector of buildings was appointed. The deputy inspector shall perform such duties as may be required of the deputy inspector by the inspector. The compensation of the deputy inspector is determined by the municipal officers.
Sec. 8. 25 MRSA §2353 is amended to read:
§ 2353. Duty to inspect buildings under construction
The inspector of buildings shall inspect each new building during the process of construction , for compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103 and 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 he deems the inspector considers necessary , concerning the construction of such the building so as to render the same building safe from the catching and spreading of fire.
Sec. 9. 25 MRSA §2357, as amended by PL 1999, c. 725, §5, is further amended to read:
§ 2357. No occupancy without certificate; appeal
Subject to the provisions of Title 10, chapter 951, a new building may not be occupied until the inspector of buildings has given a certificate of occupancy for compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103, pursuant to the required inspections in section 2373 that the same building has been built in accordance with section 2353, and so as to be safe from fire. 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 inspector of buildings 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 inspector.
Sec. 10. 25 MRSA §2361, as enacted by PL 1985, c. 101, is amended to read:
§ 2361. Proceedings by municipality
Sec. 11. 25 MRSA c. 314 is enacted to read:
CHAPTER 314
BUILDING CODES AND STANDARDS
§ 2371. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 2372. Bureau of Building Codes and Standards
(1) Providing nonbinding interpretation of the code for professionals and the general public; and
(2) Establishing and maintaining a publicly accessible website to publish general technical assistance, code updates and interpretations and post-training course schedules; and
§ 2373. Municipal inspection options
Beginning July 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:
§ 2374. Uniform Building Codes and Standards Fund
The Uniform Building Codes and Standards Fund is established within the Department of Public Safety to fund the activities of the bureau under this chapter and the activities of the board under Title 10, chapter 1103 and the Executive Department, State Planning Office under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is provided by the surcharge established by section 2450-A. 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. 12. 25 MRSA §2450, as amended by PL 2003, c. 358, §1, is further amended to read:
§ 2450. Examinations by Department of Public Safety
The Commissioner of Public Safety shall adopt, in accordance with requirements of the Maine Administrative Procedure Act, a schedule of fees for the examination of all plans for construction, reconstruction or repairs submitted to the Department of Public Safety. The fee schedule for new construction or new use is 5¢ per square foot for occupied spaces and 2¢ per square foot for bulk storage occupancies, except that a fee for review of a plan for new construction by a public school may not exceed $450. The fee schedule for reconstruction, repairs or renovations is based on the cost of the project and may not exceed $450 , except as provided in section 2450-A. The fees must be credited to a special revenue account to defray expenses in carrying out this section. Any balance of the fees may not lapse, but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal years.
Sec. 13. 25 MRSA §2450-A is enacted to read:
§ 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 the Title 10, chapter 1103, the activities of the Bureau of Building Codes and Standards under chapter 314 and the activities of the Executive Department, State Planning Office 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. 14. 25 MRSA §2466, sub-§5 is enacted to read:
Sec. 15. 30-A MRSA §4451, sub-§2-A, ¶E, as enacted by PL 1991, c. 163, is amended to read:
Sec. 16. 30-A MRSA §4451, sub-§3, as amended by PL 1997, c. 296, §7 and PL 2003, c. 20, Pt. OO, §2 and affected by §4 and amended by c. 689, Pt. B, §6, is further amended to read:
Sec. 17. 30-A MRSA §4451, sub-§3-A is enacted to read:
Sec. 18. 30-A MRSA §4452, sub-§5, as amended by PL 2007, c. 112, §§4 to 6, is further amended to read:
Sec. 19. 35-A MRSA §121, sub-§3 is enacted to read:
Sec. 20. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 10, section 9722, subsection 4, initial appointments made to the Technical Building Codes and Standards Board are as set out in this section.
1. The appointments made under Title 10, section 9722, subsection 2, paragraphs B, E, H and K are for a term of 2 years.
2. The appointments made under Title 10, section 9722, subsection 2, paragraphs C, F and I are for a term of 3 years.
Sec. 21. Adoption of Maine Uniform Building and Energy Code. The Technical Building Codes and Standards Board established by the Maine Revised Statutes, Title 5, section 12004-G, subsection 5-A, referred to in this section as “the board,” shall adopt the Maine Uniform Building and Energy Code pursuant to Title 10, section 9722 in accordance with this section.
1. The Maine Uniform Building and Energy Code adopted in accordance with Title 10, section 9722, subsection 6 must be composed of the substance of the following, with administrative and other minor changes to customize the codes for Maine:
2. Existing state codes and standards, where applicable, must be referenced in chapter one of the Maine Uniform Building and Energy Code.
3. The board shall adopt the Maine Uniform Building and Energy Code no later than January 1, 2010.
Sec. 22. Appointments; convening of Technical Building Codes and Standards Board. The Governor shall make the appointments pursuant to the Maine Revised Statutes, Title 10, section 9722 subsection 2 in sufficient time for the Governor to convene the first meeting of the Technical Building Codes and Standards Board by November 1, 2008.
Sec. 23. Report from the Technical Building Codes and Standards Board. The Technical Building Codes and Standards Board, established pursuant to Title 10, section 9722, shall provide by March 1, 2009 a report to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters regarding the criteria that will be used to develop rules to resolve the conflicts between the Maine Uniform Building and Energy Code and the fire and life safety codes in the Maine Revised Statutes, Title 25, sections 2452 and 2465, pursuant to its authority under Title 10, section 9722, subsection 6, paragraph D. The joint standing committee of the Legislature having jurisdiction over business, research and economic development matters is authorized to submit legislation relating to this criteria to the Second Regular Session of the 124th Legislature.
Sec. 24. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes, Title 25, sections 2351, 2353, 2357 and 2361 the words "inspector of buildings" appear, they are amended to read "building official" and wherever in the Maine Revised Statutes the words "building inspector" appear, they are amended to read "building official," and the Revisor of Statutes shall implement these revisions when updating, publishing or republishing the statutes.
Sec. 25. Appropriations and allocations. The following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
Bureau of Building Codes and Standards Z068
Initiative: Provides an allocation for 2 new positions and related costs within the newly created Bureau of Building Codes and Standards.
OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 2.000 |
Personal Services
|
$0 | $162,979 |
All Other
|
$0 | $130,639 |
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|
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $293,618 |
PUBLIC SAFETY, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $293,618 |
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|
DEPARTMENT TOTAL - ALL FUNDS | $0 | $293,618 |
STATE PLANNING OFFICE
Planning Office 0082
Initiative: Allocates funds for one Planner II position and general operating expenses beginning April 9, 2009 to carry out the purposes of this Act.
OTHER SPECIAL REVENUE FUNDS | 2007-08 | 2008-09 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 1.000 |
Personal Services
|
$0 | $18,175 |
All Other
|
$0 | $254 |
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|
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $18,429 |
STATE PLANNING OFFICE | ||
DEPARTMENT TOTALS | 2007-08 | 2008-09 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $18,429 |
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|
DEPARTMENT TOTAL - ALL FUNDS | $0 | $18,429 |
SECTION TOTALS | 2007-08 | 2008-09 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $312,047 |
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|
SECTION TOTAL - ALL FUNDS | $0 | $312,047 |
Sec. 26. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 25, sections 2351, 2353, 2357 and 2361 take effect July 1, 2010.
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 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.