An Act To Allow Municipalities To Adopt Stricter Building and Energy Code Standards Than the Maine Uniform Building and Energy Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §9724, sub-§1, as amended by PL 2011, c. 408, §4, is further amended to read:
1. Limitations on home rule authority. This chapter provides express limitations on municipal home rule authority. The Maine Uniform Building and Energy Code or a building code and an energy code containing standards more stringent than those contained in the Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 4,000 residents and that has adopted any building code by August 1, 2008. Beginning July 1, 2012, the Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 4,000 residents and that has not adopted any building code by August 1, 2008. The Maine Uniform Building and Energy Code Beginning October 15, 2019, a municipality may adopt a building code and an energy code containing standards more stringent than those contained in the Maine Uniform Building and Energy Code. Prior to establishing building code and energy code standards more stringent than those contained in the Maine Uniform Building and Energy Code, municipalities must receive written approval from the board. All building codes and energy codes must be enforced through inspections that comply with Title 25, section 2373.
Sec. 2. 10 MRSA §9724, sub-§1-A, as enacted by PL 2011, c. 408, §5, is amended to read:
1-A. Municipalities up to 4,000 residents. A municipality of up to 4,000 residents may not adopt or enforce a building code other than the Maine Uniform Building Code, the Maine Uniform Energy Code or , the Maine Uniform Building and Energy Code or a building code or energy code containing standards more stringent than those contained in the Maine Uniform Building and Energy Code. Notwithstanding any other provision of this chapter or Title 25, chapter 314, the provisions of the Maine Uniform Building Code, the Maine Uniform Energy Code or the Maine Uniform Building and Energy Code do not apply in a municipality that has 4,000 or fewer residents except to the extent the municipality has adopted that code pursuant to this subsection. Prior to establishing building code or energy code standards more stringent than those contained in the Maine Uniform Building and Energy Code, municipalities must receive written approval from the board.
summary
This bill authorizes municipalities to adopt building and energy code requirements that are more strict than those contained in the Maine Uniform Building and Energy Code.