SP0355, LD 1041, item 1, An Act To Modify the Mandatory Enforcement of the Maine Uniform Building and Energy Code for a Municipality without a Building Code

An Act To Modify the Mandatory Enforcement of the Maine Uniform Building and Energy Code for a Municipality without a Building 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 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 unless the voters in that municipality have expressly voted to reject the application or enforcement of the Maine Uniform Building and Energy Code, in which case subsection 1-A applies. The Maine Uniform Building and Energy Code 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Sec. 2. 10 MRSA §9724, sub-§1-A, as enacted by PL 2011, c. 408, §5, is repealed and the following enacted in its place:

1-A. Municipalities where code is not enforceable. 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:

A. That has 4,000 or fewer residents except to the extent the municipality has adopted that code; or

B. Of more than 4,000 residents that has not adopted any building code by August 1, 2008 and that, by a vote of its residents, has expressly voted to reject the application or enforcement of that code.

A municipality described in paragraph A or B 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.

Sec. 3. Retroactivity. This Act applies retroactively to July 1, 2012.

summary

This bill allows a municipality of more than 4,000 residents that has not adopted a building code by August 1, 2008 and that, by a vote of the residents of that municipality, has expressly rejected the application or enforcement of the Maine Uniform Building and Energy Code to be exempt from the Maine Uniform Building and Energy Code. If that municipality does adopt a building code, however, it must be the Maine Uniform Building and Energy Code.

SP0355 LD 1041	Session - 126th Maine Legislature		LR 899 Item 1
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