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| Except as provided in this section, new construction or | | substantial renovation of any commercial or institutional building | | undertaken after January 1, 2004 must conform to ASHRAE Standard | | 62-2001 and ASHRAE Standard 90.1-2001 under any of the compliance | | methods specified in the standards. For the purpose of this | | section compliance with the 2003 edition of the International | | Energy Conservation Code published by the International Code | | Council constitutes compliance with ASHRAE Standard 90.1-2001. For | | the purpose of this section, "substantial renovation" means any | | renovation for which the cost exceeds 50% of the building's current | | value prior to renovation. |
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| | | Sec. 6. 35-A MRSA §121 is enacted to read: |
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| | | 1.__Development; rules.__The commission shall adopt by rule a | | model building energy code, including a ventilation code, that is | | consistent with any other model building codes adopted by the | | State and with the building energy standards established in Title | | 10, section 1415-C, subsection 3 and section 1415-D.__The | | commission shall ensure that the model code is not inconsistent | | with any other applicable state code or standard, including, but | | not limited to, any fire safety code, plumbing code, oil and | | solid fuel equipment standard, propane and natural gas equipment | | standard or boiler and pressure vessel standard. |
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| | | Rules adopted pursuant to this subsection are major substantive | | rules as defined in Title 5, chapter 375, subchapter 2-A. |
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| | | 2.__Model code. After the effective date of rules adopted | | pursuant to subsection 1, a municipality may not adopt a building | | energy code other than the model building energy code.__Nothing | | in this section requires a municipality to adopt a building | | energy code.__A municipality that has a building energy code in | | effect prior to the effective date of the rules may continue to | | keep that code, but if the municipality replaces its energy code | | it must adopt the model building energy code. |
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| | | Sec. 7. Commission investigation. The Public Utilities Commission | | shall examine compliance and enforcement alternatives designed to | | ensure that residential and commercial buildings are constructed | | in conformance with statutory building energy codes. In | | particular, the commission shall examine the funding level and | | resources required for effective enforcement; possible sources of | | enforcement funding; which public or private entities could be | | charged with enforcement authority; the sanctions that could be | | imposed for violations; the effectiveness of different | | enforcement alternatives; and means by which energy code |
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