An Act To Amend the Laws Governing the Enforcement of Statewide Uniform Building Codes
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, immediate clarification and adjustments in the Maine Uniform Building and Energy Code are necessary to ensure that Maine's consumers, builders, contractors and lending community are able to build and sell high-quality buildings in the State; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 10 MRSA §9722, sub-§6, ¶J, as enacted by PL 2007, c. 699, §6, is amended to read:
Sec. 2. 10 MRSA §9722, sub-§6, ¶K, as enacted by PL 2007, c. 699, §6, is amended to read:
Sec. 3. 10 MRSA §9722, sub-§6, ¶L is enacted to read:
Sec. 4. 10 MRSA §9724, sub-§3, as amended by PL 2009, c. 261, Pt. A, §9, is further amended to read:
Sec. 5. 10 MRSA §9724, sub-§4, as enacted by PL 2007, c. 699, §6, is repealed.
Sec. 6. 10 MRSA §9724, sub-§5 is enacted to read:
(1) Log homes or manufactured housing as defined in chapter 951;
(2) Post and beam or timber frame construction; or
(3) Warehouses or silos used to store harvested crops.
For the purposes of this paragraph, "seasonally restricted cottage" means a residential building unit made up of a room or group of rooms that provide sleeping accommodations, as well as accommodations for bathing and cooking, for not more than the entire summer season and that do not have water service after the summer season. This paragraph is repealed June 15, 2012.
Sec. 7. 25 MRSA §2357-A, first ¶, as amended by PL 2011, c. 94, §1, is further amended to read:
Subject to the provisions of Title 10, chapter 951, a A building in a municipality of more than 2,000 inhabitants may not be occupied until the building official 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 and in accordance with the required inspections enforcement and inspection options provided in section 2373 that the building has been built in accordance with section 2353-A, and so as to be safe from fire. The building official may issue the certificate of occupancy upon receipt of an inspection report by a certified 3rd-party inspector pursuant to section 2373, subsection 4. The municipality has no obligation to review a report from a 3rd-party inspector for accuracy prior to issuing the certificate of occupancy. 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 building official for any cause declines to give that certificate and the builder has in the builder's own judgment complied with section 2353-A, an appeal may be taken to the municipal officers pursuant to Title 30-A, section 4103, subsection 5 and, if on such appeal it is decided by them that the section 2353-A has been complied with, the owner of the building is not liable to a fine for want of the certificate of the building official.
Sec. 8. 25 MRSA §2361, sub-§1-A, as enacted by PL 2009, c. 261, Pt. B, §12, is amended to read:
Sec. 9. 25 MRSA §2371, sub-§6, as enacted by PL 2007, c. 699, §11, is amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.