HP0754, LD 1093, item 1, An Act Regarding the Municipalities to Which the Maine Uniform Building and Energy Code Applies

An Act Regarding the Municipalities to Which the Maine Uniform Building and Energy Code Applies

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. 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 amended to read:

1-A. Municipalities up to 5,000 residents. A municipality of up to 4,000 5,000 residents 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. 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 that has 4,000 5,000 or fewer residents except to the extent the municipality has adopted that code pursuant to this subsection.

Sec. 3. 10 MRSA §9724, sub-§1-B, as enacted by PL 2011, c. 505, §1, is amended to read:

1-B. Residents. For the purposes of subsections 1 and 1-A and 1-C, "residents" does not include persons held at a correctional facility, as defined in Title 34-A, section 1001, subsection 6, within the municipality.

Sec. 4. 10 MRSA §9724, sub-§1-C is enacted to read:

1-C. Municipalities of more than 5,000 residents. The Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 5,000 residents. The Maine Uniform Building and Energy Code must be enforced through inspections that comply with Title 25, section 2373.

Sec. 5. 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 5,000 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. The code must be enforced through inspections that comply with the code through any of the following means:

summary

Under current law, all municipalities of more than 4,000 residents must enforce the Maine Uniform Building and Energy Code. Municipalities with 4,000 or fewer residents are not required to adopt or enforce the Maine Uniform Building and Energy Code, but if such a municipality adopts or enforces a building code, it must be the Maine Uniform Building and Energy Code.

This bill increases the minimum threshold after which a municipality is required to enforce the Maine Uniform Building and Energy Code to more than 5,000 residents.

HP0754 LD 1093	Session - 127th Maine Legislature		LR 714 Item 1
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