An Act To Clarify the Maine Uniform Building and Energy Code
PART A
Sec. A-1. 10 MRSA §1415-C, sub-§7, as enacted by PL 2007, c. 699, §2, is amended to read:
Sec. A-2. 10 MRSA §1415-D, sub-§2, as enacted by PL 2007, c. 699, §3, is amended to read:
Sec. A-3. 10 MRSA §1420, sub-§4, as enacted by PL 2007, c. 699, §4, is amended to read:
Sec. A-4. 10 MRSA §9707, as enacted by PL 2007, c. 699, §5, is amended to read:
§ 9707. Repeal
This chapter is repealed July December 1, 2010.
Sec. A-5. 10 MRSA §9721, sub-§1-A is enacted to read:
Sec. A-6. 10 MRSA §9722, sub-§6, ¶E, as enacted by PL 2007, c. 699, §6, is amended to read:
Sec. A-7. 10 MRSA §9724, sub-§1, as enacted by PL 2007, c. 699, §6, is amended to read:
Sec. A-8. 10 MRSA §9724, sub-§2, as enacted by PL 2007, c. 699, §6, is amended to read:
Sec. A-9. 10 MRSA §9724, sub-§3, as enacted by PL 2007, c. 699, §6, is amended to read:
Sec. A-10. 25 MRSA §2353, as amended by PL 2007, c. 699, §8 and affected by §26, is repealed and the following enacted in its place:
§ 2353. Duty to inspect buildings under construction
Unless the municipality is enforcing the Maine Uniform Building and Energy Code by means of 3rd-party inspectors pursuant to section 2373, subsection 4, the building official shall inspect each new building during the process of construction, so far as may be necessary, to see that all proper safeguards against the catching or spreading of fire are used, that the chimneys and flues are made safe and that proper cutoffs are placed between the timbers in the walls and floorings where fire would be likely to spread, and may give such directions in writing to the owner or contractor as the building official considers necessary concerning the construction of such building so as to render the same safe from the catching and spreading of fire.
This section is repealed December 1, 2010.
Sec. A-11. 25 MRSA §2357, as amended by PL 1999, c. 725, §5 and PL 2007, c. 699, §9 and affected by §26, is repealed and the following enacted in its place:
§ 2357. No occupancy without certificate; appeal
Subject to the provisions of Title 10, chapter 951, a new building may not be occupied until the building official has given a certificate that the same has been built in accordance with section 2353, and so as to be safe from fire. The inspector of buildings may issue the certificate of occupancy upon receipt of an inspection report by a certified 3rd-party inspector pursuant to section 2373, subsection 4. The municipality has no obligation to review a report from a 3rd-party inspector for accuracy prior to issuing the certificate of occupancy. If the owner permits it to be so occupied without such certificate, the owner must be penalized in accordance with Title 30-A, section 4452. In case the building official for any cause declines to give that certificate and the builder has in the builder's own judgment complied with section 2353, an appeal may be taken to the municipal officers and, if on such appeal it is decided by them that the section has been complied with, the owner of the building is not liable to a fine for want of the certificate of the building official.
This section is repealed December 1, 2010.
Sec. A-12. 25 MRSA §2373, first ¶, as enacted by PL 2007, c. 699, §11, is amended to read:
Beginning July December 1, 2010, the code must be enforced in a municipality that has more than 2,000 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 2,000 residents and that has not adopted any building code by August 1, 2008. The code must be enforced through inspections that comply with the code through any of the following means:
Sec. A-13. 25 MRSA §2466, sub-§5, as enacted by PL 2007, c. 699, §14, is amended to read:
Sec. A-14. 30-A MRSA §4451, sub-§2-A, ¶E, as amended by PL 2007, c. 699, §15, is further amended to read:
Sec. A-15. 35-A MRSA §121, sub-§3, as enacted by PL 2007, c. 699, §19, is amended to read:
Sec. A-16. PL 2007, c. 699, §21, sub-§3 is amended to read:
3. The board shall adopt the Maine Uniform Building and Energy Code no later than January June 1, 2010.
Sec. A-17. PL 2007, c. 699, §27 is amended to read:
Sec. 27. Staggered effective date for enforcement of Maine Uniform Building and Energy Code. A municipality that has more than 2,000 residents that has adopted any building code by August 1, 2008 shall begin enforcement of the Maine Uniform Building and Energy Code adopted pursuant to the Maine Revised Statutes, Title 10, chapter 1103 by June December 1, 2010. Any municipality with more than 2,000 residents that has not adopted any building code by August 1, 2008 shall begin enforcement of the Maine Uniform Building and Energy Code by January 1, 2012.
Sec. A-18. Resolve 2007, c. 219, §1 is amended to read:
Sec. 1. Study. Resolved: That the Department of Professional and Financial Regulation shall study the issue of residential contractor licensing. The department shall include in its study a review of the various building and energy codes in existence throughout the State. The department shall report its recommendations for residential contractor licensing to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters no later than January 4, December 1, 2010. The joint standing committee of the Legislature having jurisdiction over business, research and economic development matters may submit legislation regarding residential contractor licensing to the Second First Regular Session of the 124th 125th Legislature.
Sec. A-19. Review. The Technical Building Codes and Standards Board established under the Maine Revised Statutes, Title 10, section 9722 shall review issues regarding 3rd-party inspectors and inspections, including, but not limited to, tort claims protection, and make any recommendations for changes to the law, including any necessary implementing legislation, to the Joint Standing Committee on Business, Research and Economic Development no later than December 1, 2010.
Sec. A-20. Retroactivity. That section of this Act that amends Public Law 2007, chapter 699, section 23 applies retroactively to March 1, 2009.
PART B
Sec. B-1. 25 MRSA §2351, as corrected by RR 1995, c. 2, §56 and amended by PL 2007, c. 699, §7 and affected by §26, is repealed and the following enacted in its place:
§ 2351. Building official; compensation; jurisdiction; deputy
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 inhabitants or less, if such a town so votes at a town meeting, and in each village corporation, if such a corporation so votes at the annual meeting of the corporation, the municipal officers shall annually in the month of April appoint a building official, who must be a person skilled in the construction of buildings, and shall determine the building official's compensation. The municipal officers shall define the limits within which the building official has jurisdiction, which includes the thickly settled portion of each such city or of each village in each such city or town. Whenever the building official becomes incapacitated, the municipal officers may appoint or authorize the building official to appoint a deputy building official, who shall serve until removed by the municipal officers, but in no event beyond the term for which the building official was appointed. The deputy building official shall perform such duties as may be required of the deputy building official by the building official. The compensation of the deputy building official is determined by the municipal officers.
This section is repealed December 1, 2010.
Sec. B-2. 25 MRSA §2351-A is enacted to read:
§ 2351-A. Building official; compensation; deputy
In every town and city of more than 2,000 inhabitants, and in every town of 2,000 inhabitants or less, if such a town so votes at a town meeting, and in each village corporation, if such a corporation so votes at the annual meeting of the corporation, the municipal officers shall annually in the month of April appoint a building official, who must be a person certified in building standards pursuant to Title 30-A, section 4451, subsection 2-A, paragraph E, and shall determine the building official's compensation. Whenever the building official becomes incapacitated, the municipal officers may appoint or authorize the building official to appoint a deputy building official, who shall serve until removed by the municipal officers, but in no event beyond the term for which the building official was appointed. The deputy building official shall perform such duties as may be required of the deputy building official by the building official. The compensation of the deputy building official is determined by the municipal officers.
This section takes effect December 1, 2010.
Sec. B-3. 25 MRSA §2352, as amended by PL 1975, c. 623, §34, is further amended to read:
§ 2352. Right to enter buildings
An inspector of buildings A building official in the performance of his the building official's official duty may enter any building for the purpose of making the inspection required by chapters 313 to 321.
Sec. B-4. 25 MRSA §2353-A is enacted to read:
§ 2353-A. Duty to inspect buildings under construction
Unless the municipality is enforcing the Maine Uniform Building and Energy Code by means of 3rd-party inspectors pursuant to section 2373, subsection 4, the building official shall inspect each building during the process of construction for compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103 and so far as may be necessary to see that all proper safeguards against the catching or spreading of fire are used, that the chimneys and flues are made safe and that proper cutoffs are placed between the timbers in the walls and floorings where fire would be likely to spread, and may give such directions in writing to the owner or contractor as the building official considers necessary concerning the construction of the building so as to render the building safe from the catching and spreading of fire.
This section takes effect December 1, 2010.
Sec. B-5. 25 MRSA §2354, as amended by PL 1991, c. 714, §6, is further amended to read:
§ 2354. Inspection of buildings being repaired
Subject to Title 32, chapter 33, the inspector of buildings building official shall inspect all buildings while in process of being repaired and see that all reasonable safeguards are used against the catching and spreading of fire and that the chimneys and flues are made safe. The inspector building official may give directions in writing to the owner as necessary concerning such repairs to render the building safe from the catching and spreading of fire.
Sec. B-6. 25 MRSA §2356 is amended to read:
§ 2356. Appeals
An appeal in writing may be taken from any order or direction of the inspector of buildings building official to the municipal officers, whose order thereon shall be is final.
Sec. B-7. 25 MRSA §2357-A is enacted to read:
§ 2357-A. No occupancy without certificate; appeal
Subject to the provisions of Title 10, chapter 951, a building may not be occupied until the building official has given a certificate of occupancy for compliance with the Maine Uniform Building and Energy Code adopted pursuant to Title 10, chapter 1103, pursuant to the required inspections in section 2373 that the building has been built in accordance with section 2353-A, and so as to be safe from fire. The inspector of buildings may issue the certificate of occupancy upon receipt of an inspection report by a certified 3rd-party inspector pursuant to section 2373, subsection 4. The municipality has no obligation to review a report from a 3rd-party inspector for accuracy prior to issuing the certificate of occupancy. If the owner permits it to be so occupied without such certificate, the owner must be penalized in accordance with Title 30-A, section 4452. In case the building official for any cause declines to give that certificate and the builder has in the builder's own judgment complied with section 2353-A, an appeal may be taken to the municipal officers and, if on such appeal it is decided by them that the section has been complied with, the owner of the building is not liable to a fine for want of the certificate of the building official.
This section takes effect December 1, 2010.
Sec. B-8. 25 MRSA §2358, as amended by PL 1989, c. 502, Pt. A, §102, is further amended to read:
§ 2358. Failure to comply with order of building official
If the owner of any building neglects or refuses for more than 30 days to comply with any direction of the inspector of buildings building official concerning the repairs on any building as provided in section 2354, the owner shall must be penalized in accordance with Title 30-A, section 4452.
Sec. B-9. 25 MRSA §2359, as repealed and replaced by PL 1995, c. 462, Pt. A, §48, is amended to read:
§ 2359. Refusing admission to building official
An owner or occupant of a building , who refuses to permit an inspector of buildings a building official to enter the buildings building or willfully obstructs the inspector building official in the inspection of such the building as required by chapters 313 to 321 , must be penalized in accordance with Title 30-A, section 4452.
Sec. B-10. 25 MRSA §2360, as amended by PL 1987, c. 35, §3, is further amended to read:
§ 2360. Authority to enter buildings; remedy of conditions appeals
The inspector of buildings building official, the fire inspector and the municipal officers of any city or town may at all reasonable hours, for the purpose of examination, enter into and upon all buildings and premises within their jurisdiction. Whenever any of said those officers shall find in any building or upon any premises combustible material, inflammable conditions or heating fixtures or apparatus so situated or constructed as to be dangerous to the safety of such buildings or premises, they shall order the same to be removed or remedied, and such order shall must be forthwith complied with by the owner or occupant of said those buildings or premises. If the said An owner or occupant shall deem himself aggrieved by such order when made by the inspector of buildings building official or the fire inspector , he may within 24 hours appeal to the municipal officers, and the cause of the complaint shall must be at once investigated by the direction of the latter and, unless by their authority the that order above named is revoked, such that order shall remain remains in force and must be forthwith complied with by said the owner or occupant. The inspector of buildings building official, the fire inspector or the municipal officers shall make, or cause to be made, an immediate investigation as to the presence of combustible material or the existence of inflammable conditions in any building or upon any premises under their jurisdiction, upon complaint of any person having an interest in said those buildings or premises or property adjacent thereto. Any owner or occupant of buildings or premises, failing to comply with the orders of the authorities above specified, shall must be punished by a fine of not less than $5 for each day's neglect.
Sec. B-11. 25 MRSA §2361, sub-§1, as enacted by PL 1985, c. 101 and amended by PL 2007, c. 699, §10 and affected by §26, is repealed and the following enacted in its place:
Sec. B-12. 25 MRSA §2361, sub-§1-A is enacted to read:
Sec. B-13. 30-A MRSA §7060, sub-§1, ¶B, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
(1) The building inspector official shall send a written order to the owner or lessee of a building used for public assembly requiring any conditions which that exist in violation of an ordinance to be corrected within 30 days after the order is sent.
(2) After the 30-day period expires, the owner or lessee is strictly liable for all injury caused by the failure to correct the violations and the building inspector official shall order the building vacated.
(3) As used in this section, "building used for public assembly" means a room or space in or on any structure which that is used for the gathering of 100 or more persons for any purpose and includes any room or space on the same level, above or below, which that has a common entrance; and
Sec. B-14. 30-A MRSA §7060, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. A, §56 and Pt. C, §§8 and 10, is further amended to read:
(1) For a building or use for which the applicant is required to obtain a license under Title 38, section 413, until the applicant has obtained that license; nor or
(2) For a building or use within a land subdivision, as defined in section 4551 4401, unless that subdivision has been approved in accordance with that section.
(1) A person aggrieved by an order of the building inspector official or a permit applicant may appeal in writing to the plantation assessors. At their next meeting following receipt of the appeal, the plantation assessors shall affirm, modify or set aside the decision of the building inspector official according to the terms of the pertinent ordinance. They may permit a variation from the terms of an ordinance when necessary to avoid undue hardship, provided that as long as there is no substantial departure from the intent of the ordinance. They may permit an exception to an ordinance only when the terms of the exception have been specifically set forth by the plantation. The failure of the plantation assessors to issue a written notice of their decision, directed to the applicant, within 30 days from the filing of the appeal constitutes a denial of the appeal. If a plantation has by ordinance required that all such appeals be taken to a board of appeals, the procedure shall must be the same as in appeals directed to the plantation assessors, unless the plantation has provided otherwise.
(2) An appeal may be taken from the decision of the plantation assessors or the board of appeals as provided in section 2691, subsection 3, paragraph G.
Sec. B-15. 33 MRSA §592, sub-§7, ¶A, as enacted by PL 1999, c. 478, §1, is amended to read:
(1) If the purchaser gives a valid notice of cancellation pursuant to this section or is otherwise entitled to cancel the sale, the funds or other consideration received from or on behalf of the purchaser must be returned to the purchaser.
(2) If the purchaser defaults in the performance of any obligation relating to the purchase or ownership of the time-share following the expiration of the cancellation period set out in subsection 1, the developer shall provide an affidavit to the escrow agent requesting release of the escrowed funds or other consideration and shall provide a copy of the affidavit to the purchaser who has defaulted. If, within 7 calendar days of mailing the affidavit, the developer has not received from the purchaser a written notice of a dispute between the purchaser and the developer or a claim to the escrowed funds or other consideration, the funds or other consideration received from or on behalf of the purchaser must be immediately released to the developer.
(3) If no cancellation or default has occurred, the escrow agent may release the funds or other consideration upon presentation of an affidavit by the developer that:
(a) The cancellation period has expired; and
(b) A certificate or statement of substantial completion has been executed by an engineer or architect or a certificate of occupancy has been issued by the municipal inspector of buildings building official for the time-share unit containing the time-share.
Sec. B-16. 33 MRSA §1602-101, sub-§(b), as enacted by PL 1981, c. 699, is amended to read:
(b) No interest in any unit may be conveyed to a purchaser until the unit is substantially completed as evidenced by a certificate or statement of substantial completion executed by an engineer or architect, or until a certificate of occupancy is issued by the municipal inspector of buildings building official; provided except that this limitation shall does not apply to contracts, options or reservations for sale of units later to be so completed nor or to mortgages or transfers of units as security for an obligation, deeds in lieu of foreclosure, foreclosures and foreclosure sales, conveyances to successor declarants or to any person in the business of selling real estate for his that person's own account, or to financial institutions.