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An Act To Amend the Laws Governing the Maine Uniform Building and Energy Code To Ensure It Is Consistent with Current Standards and Applies to Small Municipalities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §9721, sub-§§3 and 4, as corrected by RR 2011, c. 1, §9, are amended to read:
 
3. Maine Uniform Building Code.   "Maine Uniform Building Code" means that portion of the Maine Uniform Building and Energy Code that does not contain energy code requirements as determined by the board pursuant to section 9722, subsection 6, paragraph MB.
 
4. Maine Uniform Energy Code.   "Maine Uniform Energy Code" means that portion of the Maine Uniform Building and Energy Code that contains only energy code requirements as determined by the board pursuant to section 9722, subsection 6, paragraph MB.
Sec. 2. 10 MRSA §9722, sub-§2, as amended by PL 2011, c. 655, Pt. MM, §10 and affected by §26, is further amended to read:
 
2. Membership.   The board consists of 1112 voting members, including the Director of the Efficiency Maine Trust, who serves ex officio, and the following 11 individuals, who are appointed by the Governor:
 
A. The State Fire Marshal or a designee or a fire chief, recommended by the Maine Fire Chiefs' Association or its successor organization;
 
B. A municipal code enforcement officer employed by a municipality that is not a service center community under Title 30-A, chapter 187, recommended by the Maine Municipal Association or its successor organization;
 
C. A municipal code enforcement officer employed by a service center community under Title 30-A, chapter 187, recommended by the Maine Service Centers Coalition or its successor organization;
 
D. A residential builder recommended by a statewide or regional association of home builders and remodelers;
 
E. A commercial builder recommended by a statewide association of general contractors;
 
F. An architect licensed in the State who is accredited by a nationally recognized organization that administers credentialing programs related to environmentally sound building practices and standards, recommended by a statewide chapter of a national institute of architects;
 
G. A structural engineer licensed in the State, recommended by a statewide association of structural engineers;
 
H. A historic preservation representative, recommended by the Maine Historic Preservation Commission, with experience implementing the standards for the treatment of historic properties set forth in 36 Code of Federal Regulations, Part 68 (2007), who is:
 
(1) An architect licensed in the State;
 
(2) A structural engineer licensed in the State; or
 
(3) A builder;
 
I. An energy efficiency representative, recommended by the Director of the Governor's Energy Office within the Executive Department, who has experience or expertise in the design or implementation of energy codes or in the application of energy efficiency measures in residential or commercial construction;
 
J. A mechanical engineer licensed in the State, recommended by a statewide association of mechanical engineers; and
 
K. A lumber material dealer or supplier, recommended by a statewide association of lumber dealers in the State.
 
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.
Sec. 3. 10 MRSA §9722, sub-§4, as enacted by PL 2007, c. 699, §6, is amended to read:
 
4. Terms; removal.  Appointments toAppointed members of the board are made for aappointed for 4-year term,terms and members are eligible for reappointment. If there is a vacancy for any cause among the appointed members, the Governor shall make an appointment immediately effective for the unexpired term. AAn appointed member of the board may be removed from the board for cause by the Governor.
Sec. 4. 10 MRSA §9722, sub-§6, as amended by PL 2015, c. 126, §§1 to 3, is further amended to read:
 
6. Duties and powers.   In addition to other duties set forth in this chapter, the board shall:
 
A. Adopt rules in accordance with the Maine Administrative Procedure Act necessary to carry out its duties under this chapter. Rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A;
 
B. Adopt, amend and maintain the Maine Uniform Building and Energy Code;. The board shall ensure that the Maine Uniform Building and Energy Code is consistent with the standards established under the most recently published edition of the International Energy Conservation Code published by the International Code Council and with the standards established under the most recently published edition of the International Mechanical Code published by the International Code Council. To the extent consistent with the most recently published edition of the International Energy Conservation Code and the International Mechanical Code, the board shall ensure the following in adopting and amending the Maine Uniform Building and Energy Code:
 
(1) That historic preservation is a policy priority by ensuring that:
 
(a) Provisions of model codes and standards intended to facilitate the continued use or adaptive reuse of historic buildings are maintained in the adopted versions of the Maine Uniform Building and Energy Code; and
 
(b) The board proactively identifies additional or alternative compliance means and methods for historic buildings in the adoption and amendment of the Maine Uniform Building and Energy Code;
 
(2) That nontraditional or experimental construction, including but not limited to straw bale and earth berm construction, is permissible under the Maine Uniform Building and Energy Code;
 
(3) That building materials from local sawmills, including but not limited to nongraded lumber, are permissible under the Maine Uniform Building and Energy Code; and
 
(4) That buildings used to house livestock or harvested crops are not subject to the Maine Uniform Building and Energy Code;
 
C. Adopt rules for the review and adoption of amendments to the Maine Uniform Building and Energy Code, including:
 
(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;
 
D. Identify and resolve conflicts between the Maine Uniform Building and Energy Code and the fire safety codes and standards adopted pursuant to Title 25, section 2452. The board shall develop rules designed to resolve these conflicts, which must include:
 
(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;
 
E. On January 31st of each calendar year beginning in 2011, report to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters any proposals for proposed conflict resolutions for codes and standards referenced in section 9725, subsections 2 to 7; proposals to improve the efficiency and effectiveness of those codes and standards; and alternative methods of funding for the board to create an equitable source of revenue;
 
F. Develop technical advisory groups of experts and interest group representatives as necessary to provide the board with detailed information and recommendations on amendments to the Maine Uniform Building and Energy Code, national model codes revisions and conflict resolution with other building-related codes and standards adopted in the State. The board may direct the technical advisory groups to identify economic impacts on small businesses, housing affordability, construction costs, life-cycle costs or code enforcement costs of proposed changes to the code;
 
G. In accordance with section 9723, ensure that training and certification regarding the Maine Uniform Building and Energy Code is readily available, affordable and accessible to municipal building officials; and
 
H.  Make historic preservation a policy priority in the adoption and amendment of the Maine Uniform Building and Energy Code.
 
(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;
 
I. Approve methods of energy performance rating for use in generating any consumer information labels that may be required in the marketing and sale of residential and commercial buildings or units within buildings;.
 
J.  In the adoption and amendment of the Maine Uniform Building and Energy Code, ensure that nontraditional or experimental construction, including but not limited to straw bale and earth berm construction, is permissible under the code;
 
K.  In the adoption and amendment of the Maine Uniform Building and Energy Code, ensure that building materials from local sawmills, including but not limited to nongraded lumber, are permissible under the code;
 
L.  In the adoption and amendment of the Maine Uniform Building and Energy Code, adopt the standards for residential basement wall insulation under the 2006 edition of the International Energy Conservation Code published by the International Code Council;
 
M.  Adopt, amend and maintain the Maine Uniform Building Code and the Maine Uniform Energy Code; and
 
N.  In the adoption and amendment of the Maine Uniform Building and Energy Code, ensure that buildings used to house livestock or harvested crops are not subject to the code.
Sec. 5. 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 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.A municipality may not adopt or enforce a building or energy code other than the Maine Uniform Building and Energy Code. A municipality that has adopted any building or energy code by July 1, 2020 must adopt and enforce the Maine Uniform Building and Energy Code. The Maine Uniform Building and Energy Code must be enforced through inspections that comply with Title 25, section 2373.
Sec. 6. 10 MRSA §9724, sub-§1-A, as enacted by PL 2011, c. 408, §5, is repealed.
Sec. 7. 10 MRSA §9724, sub-§1-B, as enacted by PL 2011, c. 505, §1, is repealed.
Sec. 8. 25 MRSA §2373, first ¶, as amended by PL 2011, c. 408, §6, is further amended to read:
The 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 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.A municipality may not adopt or enforce a building or energy code other than the Maine Uniform Building and Energy Code. A municipality that has adopted any building or energy code by July 1, 2020 must adopt and enforce the Maine Uniform Building and Energy Code. The code must be enforced through inspections that comply with the code through any of the following means:
Sec. 9. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 10, section 9724, subsection 1 and Title 25, section 2373, first paragraph and repeal Title 10, section 9724, subsections 1-A and 1-B take effect July 1, 2020.
 
SUMMARY
This bill adds the executive director of the Efficiency Maine Trust to the Department of Public Safety, Office of the State Fire Marshal, Technical Building Codes and Standards Board. The bill requires the Technical Building Codes and Standards Board to amend the Maine Uniform Building and Energy Code so as to be consistent with the most recent edition of the International Energy Conservation Code published by the International Code Council, as well as the most recent edition of the International Mechanical Code published by the International Code Council. Beginning July 1, 2020, the bill also prohibits a municipality from adopting or enforcing a building or energy code other than the Maine Uniform Building and Energy Code and requires that any municipality that has adopted a building or energy code by July 1, 2020 adopt and enforce the Maine Uniform Building and Energy Code.