Sec. 1. 25 MRSA §2404 is enacted to read:

§2404.__Rulemaking

1.__Rulemaking.__The State Fire Marshal shall adopt rules to define the standards and conditions for all actions relating to the review of permits for construction or alteration of public buildings.__Notwithstanding any provision of Title 5, chapter 375, the effective date of a rule adopted pursuant to this section is 90 days after the public comment period has been closed.__A permit for construction or alteration of a public building that is filed prior to the effective date of a rule is not subject to the rule.__The State Fire Marshal may not adopt a rule that conflicts with the national codes listed in subsection 2.__The State Fire Marshal may not reject or require a change of any item of an application for construction or alteration of a public building unless the rejection or change is necessary to conform with a rule adopted pursuant to this section.

2.__National codes.__The State Fire Marshal shall adopt pursuant to subsection 1 the national building code of the Building Officials Code Administrators International, Inc. or a successor organization; the international plumbing code of the International Code Council or a successor organization; and the National Fire Code of the National Fire Protection Association or successor organization.

3.__Rules.__Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 2. 25 MRSA §2453, 2nd ¶, as enacted by PL 1999, c. 384, §19, is repealed.

Sec. 3. 25 MRSA §2453, as amended by PL 2001, c. 31, §1, is further amended by adding at the end a new paragraph to read:

This section does not apply to a townhouse, apartment building or condominium that is subject to a permit for new construction.

SUMMARY

This bill requires the State Fire Marshal to adopt major substantive rules pertaining to all aspects of review of construction permits and requires the State Fire Marshal to adopt as rule the national building code of the Building Officials Code Administrators International, Inc., the international plumbing