CHAPTER 88
H.P. 1127 - L.D. 1591
Resolve, Regarding Legislative Review of Chapter 920: Maine Model Building Energy Code, a Major Substantive Rule of the Public Utilities Commission
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Chapter 920: Maine Model Building Energy Code, a provisionally adopted major substantive rule of the Public Utilities Commission that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the following changes are made.
1. Residential buildings. The portion of the rule designated §4(A)(1) is amended to provide that subject to the adoption procedures established in section 6 of the rule, the standards applicable to residential construction are the IRC-2003 Chapter 11 or IECC-2003 energy standards and the ASHRAE 62.2-2003 ventilation standards.
2. Commercial buildings. That portion of the rule designated §4(A)(2) is amended to provide that the standards applicable to commercial construction are the ASHRAE 90.1-2001, IBC-2003 Chapter 13 or IECC-2003 energy standards and the ASHRAE 62-2001 ventilation standards.
3. Industrial buildings. That portion of the rule designated §4(A)(3) is amended to provide that subject to the adoption procedures established in section 6 of the rule, the standards applicable to the portions of industrial buildings that are designed primarily for human occupancy other than manufacturing or production are the ASHRAE 90.1-2001, IBC-2003 Chapter 13 or IECC-2003 energy standards and the ASHRAE 62-2001 ventilation standards.
4. Modular housing exemption. That portion of the rule designated §4(A)(4) is replaced to provide that the Maine Model Building Energy Code is not applicable to modular housing.
5. Owner-built home exemption. That portion of the rule designated §4(B) is amended by adding a provision to specify that the Maine Model Building Energy Code is not applicable to a single-family residential building built by the owner for that person's residence. The language must specify that this exception does not include a single-family residential building built by persons other than the owner pursuant to a contract with the owner or under the supervision of a general contractor with whom the owner has a contract.
6. Log homes. That portion of the rule designated §4(B) is amended by adding a provision to specify that the Maine Model Building Energy Code does not apply to log homes.
7. Cross-reference to existing standards. That portion of the rule designated §5 is amended by adding at the end a provision specifying that nothing in the rule affects the application of the building standards established in the Maine Revised Statutes, Title 10, chapter 214.
8. Adoption of model code. That portion of the rule designated §6 is replaced to provide that adoption of the Maine Model Building Energy Code by a municipality is governed by the Maine Revised Statutes, Title 35-A, section 121.
The commission is not required to hold hearings or undertake further proceedings prior to final adoption of the rule in accordance with this section; and be it further
Sec. 2. Cost. Resolved: That the Public Utilities Commission shall absorb any costs associated with implementing the rules authorized under section 1.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 3, 2005.
| Revisor of Statutes Homepage | Subject Index | Search | 122nd Laws of Maine | Maine Legislature |
About the 1st Regular & 1st Special Session Laws Of Maine
