LAST UPDATED: May 19, 2014

MUBC Specific Maine Code Adoptions 

Chapter 1: MAINE UNIFORM BUILDING AND ENERGY CODE - ADMINISTRATIVE PROCEDURES

SUMMARY: All building construction in Maine, with some exceptions, is governed by the Maine Uniform Building and Energy Code (“MUBEC”), which is adopted by the Technical Building Codes and Standards Board by rule in Chapters 1 through 6, pursuant to 10 M.R.S §9721 et seq.

These rules set forth the requirement of certain municipalities to enforce the Code, the methods by which municipalities may accomplish building inspections, the deadlines for municipalities to begin enforcing the Code, the requirement for establishing training and certification standards for building officials and third-party inspectors, requirements for third-party inspectors, the administrative procedures for requests for advisory rulings and code amendments, and the procedures for identifying and resolving code conflicts.

The Maine Technical Building Codes and Standards Board established pursuant to 5 M.R.S. §12004-G (5-A), hereinafter called the Board, is required by chapter 699, Public Laws of 2008 to adopt, maintain and amend the Maine Uniform Building and Energy Code hereinafter referred to as the MUBEC, as provided in 10 M.R.S. §9721 et seq. and the State Legislature.

The purpose of this Chapter is to set forth procedures for each individual municipality to recognize and where applicable, enforce this Code. This Code is a compilation of four different codes and four standards, which have been harmonized by identifying and resolving conflicts between the incorporated codes and standards. This Chapter also provides five options for building inspections, including the use of a third-party inspector.

The primary objective of the Board is to establish a uniform building code throughout the State of Maine and to maintain the Code consistent with the State’s interest as provided in 10 M.R.S. §9721 et seq.

The authority for this Chapter is 10 M.R.S. §9722, which provides that the Maine Bureau of Building Codes and Standards shall promulgate rules which adopt, amend, and maintain this uniform Code, to resolve conflicts between this Code and the various codes and standards that are incorporated and comprise the Code, and to provide training for municipal building officials, local code enforcement officers and third-party inspectors.

As used throughout this Chapter and these rules, the following terms have the following meanings.

1. Amendment. “Amendment” means any modification to the MUBEC, initiated through Board action or by petition to the Board from any agency, municipality, county or interested individual or organization that would have the effect of changing the MUBEC. Amendments to the MUBEC must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, Chapter 375.

2. Any building code. “Any building code” means a building code or standard locally adopted based on the Maine model building code under 10 MRS chapter 1101, or a national model building code and used to regulate the construction of buildings. A fire and life safety code, fire safety ordinance or any land use ordinance, including but not limited to: the Land Use Regulatory Commission rules, are not considered as “any building code” for purposes of this definition.

3. Applicant. “Applicant” for a building permit or certificate of occupancy includes a property owner or his or her authorized agent, which includes but is not limited to a builder, developer, contractor, or construction manager.

4. Board. “Board” means the Technical Building Codes and Standards Board established in 5 M.R.S. §12004-G, subsection 5-A.

5. Building official. “Building official” means a building official or officer charged with the administration and enforcement of this Code and includes a codes enforcement officer appointed pursuant to 25 M.R.S. §2351-A.

6. Bureau. “Bureau” means the Bureau of Building Codes and Standards established in 5 M.R.S. §2372.

7. MUBEC. “MUBEC” or “this Code” means the Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S. §9271 et seq.

8. Model codes. “Model codes” means the codes developed by the model code organizations and adopted by reference in 10 M.R.S. §9721 et seq.

9. Model code organization(s). “Model Code organization(s)” means the national code-promulgating organizations that develop the model codes (as defined herein), such as the International Code Council, International Association of Plumbing and Mechanical Officials, National Fire Protection Association and American Society of Heating, Refrigerating, and Air-Conditioning Engineers.

10. Municipality. “Municipality” means any city, town, plantation or municipal village corporation within the State.

11. Population. “Population” means the number of residents living in the municipality according to the U.S. Census Bureau’s most recent decennial census.

12. Third-party inspector (“TPI”). “TPI” means a person certified by the State Planning Office to conduct inspections under 30-A M.R.S. §4451, for compliance with this Code.

1. On December 1, 2010, this Code shall be applicable statewide.

2. No later than December 1, 2010, this Code must be enforced in a municipality with a population of 2,000 residents or more that had previously adopted any building code on or before August 1, 2008.

3. No later than July 1, 2012, this Code must be enforced in a municipality with a population of 2,000 residents or more that had not adopted any building code on or before August 1, 2008.

4. All provisions of the MUBEC are applicable in a municipality with a population of less than 2,000 residents, but municipal enforcement of the MUBEC is voluntary. However, a municipality may voluntarily elect to enforce the MUBEC provisions herein.

5. Effective December 1, 2010, except as provided in 10 M.R.S. §9724(4) and §9725, any ordinance regarding any building code of any political subdivision of the State that is inconsistent with the MUBEC is void, with the following exception: this provision does not apply to any adopted fire & life safety code, fire safety ordinance or any land use ordinance, including Land Use Regulatory Commission rules.

6. No provisions of the MUBEC shall be construed to prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes. Such ordinances may include items such as, permits, fees, boards of appeals and violations.

1. Pursuant to 25 M.R.S. §2373, in municipalities with a population over 2,000, enforcement of the provisions of the MUBEC shall be the responsibility of the municipality and shall be accomplished by one or more of the following means:

A. Building officials. Inspections performed by building officials certified pursuant to 30-A M.R.S. §4451.

B. Inspections by virtue of inter-local agreements. Inspections performed by virtue of inter-local agreements with other municipalities, that share the use of building officials, certified in building standards pursuant to 30-A M.R.S. §4451.

C. Contractual agreements. Inspections performed by virtue of contractual agreements with one or more municipalities, or county or regional authorities, that share the use of building officials certified in building standards pursuant to 10 M.R.S. §9723.

D. Third party inspection by report. Inspections performed and verified by reports from a TPI, certified pursuant to 10 M.R.S. §9723.

E. If the municipality does not elect one or more of the four-options listed above, then the applicant shall elect to have an inspection performed by a TPI at their own cost.

1. This Code consists of a compilation of the following editions of the following codes, which are adopted in whole or in part, in Chapters 3, 4, 5 and 6 of these rules.

A. The International Building Code (IBC) edition issued for the year 2009, and in effect on June 1, 2010.

B. The International Existing Building Code (IEBC) edition issued for the year 2009, and in effect on June 1, 2010.

C. The International Residential Code (IRC) edition issued for the year 2009 and in effect on June 1, 2010.

D. The International Energy Conservation Code (IECC) edition issued for the year 2009 and in effect on June 1, 2010.

2. The following standards are also adopted in this Code.

A. The American Society of Heating, Refrigerating and Air-Conditioning Engineers, Standards (ASHRAE) 62.1-2007 (Ventilation for Acceptable Indoor Air Quality), 62.2-2007(Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings) and 90.1-2007 (Energy Standard for Buildings except Low-Rise Residential Buildings), editions without addenda.

B. The American Society for Testing and Materials (ASTM), E-1465-06, Standard Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings.

1. The following codes, standards, rules and their amendments, listed in this section, shall remain in full force and effect in their entirety and are not affected by the operation of this Code.

A. Electrical standards adopted pursuant to 32 M.R.S. §1153-A.

B. The plumbing code adopted pursuant to 32 M.R.S. §3403-B.

C. Oil and solid fuel burning equipment standards adopted pursuant to 32 M.R.S. §2353.

D. Propane and natural gas equipment standards adopted pursuant to 32 M.R.S. §14804.

E. Boiler and pressure vessel standards adopted pursuant to 32 M.R.S. §15104-A.

F. Elevator standards adopted pursuant to 32 M.R.S. §15206.

1. The following code remains in effect, with modifications to resolve conflicts with this code.

A. Fire safety codes and standards adopted pursuant to 25 M.R.S. §2452 and §2465.

1. Authority to Establish Standards.

A. The training and certification committee of the Technical Building Codes and Standards Board shall determine the standards for certifying building officials and third-party inspectors. Standards shall enumerate the knowledge and training required to ensure that building officials and third-party inspectors have the basic understanding needed to apply the MUBEC and the ongoing education needed to stay current with code changes and amendments.

2. Training and Certification Program.

A. The State Planning Office (“Office”) shall administer the training and certification program in accordance with the standards established in Section 11.1. The Office shall adopt by rule the certification and recertification standards set by the training and certification committee.

(1) Review of Training Content. The training and certification committee of the Technical Building Codes and Standards Board shall annually review the building standards training and certification program to:

(a) Assure the training content meets the needs of code enforcement officers, municipal building officials, and third-party inspectors;

(b) Evaluate training materials for consistency with the Maine Uniform Building and Energy Code;

(c) Confirm that training courses are regularly offered in geographically diverse locations; and

(d) Confirm that training for municipal building officials is fully-funded by the State.

1. The interpretation and enforcement of this Code are the responsibility of the local municipality. However, the Bureau is available to provide advisory rulings and technical support for the administration of this Code, amendments, conflict resolutions, and interpretations. This support includes but is not limited to:

A. Written request. Upon written request of any interested person or entity, the Bureau may provide a nonbinding advisory interpretation, pursuant to Title 5 M.R.S. §9001, with respect to the applicability of any statute, rule or code administered by the Bureau, on that person or entity, or the property of that person or entity, or actual state of facts. The written request shall be made on the official Bureau form and shall include the following information.

(1) Specific identification of the subject code or codes with a description of the questioned application or perceived conflict.

(2) Relevant construction documents to fully illustrate the issue upon which an advisory interpretation is sought.

(3) The Bureau may request additional documentation or information required to issue an advisory interpretation or to provide technical support. All requested information shall be provided within 30 days of request, or the request for advisory interpretation or support may be deemed abandoned.

B. Advisory interpretation written. All advisory interpretations shall be in writing.

C. Advisory interpretations not binding. An advisory interpretation shall not be binding.

The purpose of this section is to establish policies and procedures for submittal, Board review and consideration of all proposed amendments to the MUBEC.

1. Policies for the consideration of proposed amendments.

A. Amendments to the MUBEC submitted by an agency, municipality or county or other interested individual or organization shall be based on one of the following criteria:

(1) The amendment is required to address a health, safety or welfare need.

(2) The amendment is required to address a specific State policy or statute.

(3) The amendment is required for consistency with State or Federal regulations.

(4) The amendment is required to address a unique character of the State.

(5) The amendment corrects errors and omissions.

B. Amendments and emergency amendments to the MUBEC shall conform to the purposes, objectives, requirements and standards prescribed in the statutory authority: 10 M.R.S. §9721 et seq.

C. The Board will accept and consider all other petitions for amendments in accordance with 10 M.R.S. §9721 et seq.

D. The Board shall publicize the MUBEC amendment process in January of each year. Proposed amendments must be received by May 30 to be considered for adoption by December 30. The Board shall review all proposed amendments and file for future rulemaking those proposals approved as submitted or as amended by the Board. Amendments as approved by the Board shall be posted to the public website within 30 days after rulemaking is completed. The Board shall endeavor to ensure that all amendments become effective January 1 of the following year after submission of the proposed amendment to the Board. Emergency amendments shall become immediately effective upon vote of the Board in accordance with 5 M.R.S §8055.

E. The Board shall consider the action of the model code organizations, including supplements and accumulative supplements, in their consideration of these proposals.

2. Procedure for submitting proposed amendments.

A. All proposed amendments shall be submitted in writing to the Board by May 30 on the form provided by the Board.

B. The Board may refer a proposed amendment to one or more of the Technical Advisory Groups for review and comment prior to Board action in accordance with these rules.

C. The Board shall act on all proposed amendments received by June 30 of each year and put into place January of the following year. Amendments as approved by the board shall be posed to the public website within 30 days of adoption at the direction of the board.

D. If the proposed amendment is more restrictive than the MUBEC provision, the entity submitting the amendment shall:

(1) Identify the types and projected number of small businesses impacted,

(2) Estimate the financial impact,

(3) Provide a description of any less intrusive or less costly reasonable alternative method of achieving the proposed code amendment, and

(4) Attach supporting documentation.

3. Petition for emergency review.

A. The Board will accept and consider written petitions for emergency amendments to the MUBEC at any time, in accordance with 10 M.R.S. §9721 et seq. Emergency amendment means any proposed amendment, the adoption of which is immediately necessary in order to protect health, safety, and welfare of building occupants; preserve the structural integrity of buildings built in accordance with the MUBEC and to correct errors and omissions that in the opinion of the Board need to be immediately rectified and addressed. Emergency amendments require a 2/3 vote by the Board of members present and voting. Emergency amendments to the MUBEC must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, Chapter 375.

4. Petition for reconsideration.

A. When the Board denies an amendment to the MUBEC, the party proposing the amendment may file a written petition for reconsideration. The petition must be received by the Board within thirty calendar days of the date of action of the Board. The petition must state specific reasons why the Board should reconsider their decision.

B. Within ninety calendar days of receipt of a timely petition for reconsideration, the Board shall in writing:

(1) Grant the petition for reconsideration and approve the amendment;

(2) Deny the petition for reconsideration, giving reasons for the denial; or

(3) Request additional information and extend the time-period for not more than thirty calendar days to either grant or deny the petition for reconsideration.

C. All final Board actions under this section are subject to judicial review under the Maine Administrative Procedure Act, Title 5 M.R.S. Chapter 375.

1. Notification shall be made to the authority or authorities having jurisdiction over the code or standard that is in conflict with this Code, and a request for submission of proposed solutions for such conflicts.

2. Conflict resolution. The following procedures shall be employed by the Board for consideration of proposed solutions submitted for provisions that are in conflict with this Code. The Board shall also consider new approaches to resolving conflicts.

A. Identify and indicate the codes in conflict, the edition, chapter, section, and sub-sections as appropriate of the codes.

B. Provide a narrative of the code provisions which indicate the intent of each section and provide a description of the conflicting provisions.

C. Compare the provisions in respect to health, safety and welfare of building occupants, establish by a quorum of Board members present and voting, whether the provision found within the MUBEC provides a level of health, safety and welfare that is more stringent or less stringent than the provision of the code identified as “in conflict” with this Code.

D. If the provision of the code identified as “in conflict” with this Code is found to provide a level of health, safety and welfare that is less stringent, the Board members shall review the provision in respect to its conformance with “industry standards.” If the provision of the code identified as “in conflict” is found to be less stringent than the industry standard, it shall not be adopted in place of the provision of this Code.

E. If the provision of the code identified as “in conflict” is found to be more stringent than “industry standards,” the current provision of the MUBEC shall remain.

F. If the provision of the code identified as “in conflict” with this Code is found to provide a level of health, safety, and welfare that is more stringent, the Board members shall consider the financial impact of the improved health, safety and welfare provision. If the cost of complying with the provision of the code identified as “in conflict” is found to be equal to or less than that of the provision of the MUBEC, the more stringent provision shall be adopted in place of the provision of the MUBEC.

G. If the cost of the code provision identified as “in conflict” is found to be greater than that of the MUBEC the Board members will determine if the provision identified as “in conflict” “significantly influences health, safety, and welfare in the State.” If the Board members find the provision identified as “in conflict” does significantly influence health, safety and welfare in the State it shall be adopted. If the Board members find the provision identified as “in conflict” does not significantly influence health, safety, and welfare, it shall not be adopted in place of the provision of the MUBEC.

H. A record of the deliberations shall be recorded, dated, and signed by the Board Secretary.

3. Publication of resolution of the conflict shall be made, within 30 days of adoption, on the Bureau’s webpage.

1. This Code shall not limit the use of non-traditional or experimental construction, including, but not limited to straw bale and earth berm construction. However, construction must adhere to the provisions of this Code.

1. This Code shall not limit the use of building materials from local sawmills including, but not limited to non-graded lumber. However, the materials must be of sufficient quality to be adequate for the purpose intended and must adhere to the provisions of this Code.

1. The International Building Code (IBC), 2009 edition.

500 New Jersey Avenue, NW, 6th Floor

Washington, DC 20001

1-888-ICC-SAFE (422-7233)

2. The International Existing Building Code (IEBC), 2009 edition.

500 New Jersey Avenue, NW, 6th Floor

Washington, DC 20001

1-888-ICC-SAFE (422-7233)

3. The International Residential Code (IRC), 2009 edition.

500 New Jersey Avenue, NW, 6th Floor

Washington, DC 20001

1-888-ICC-SAFE (422-7233)

4. The International Energy Conservation Code (IECC), 2009 edition.

500 New Jersey Avenue, NW, 6th Floor

Washington, DC 20001

1-888-ICC-SAFE (422-7233)

5. The ASHRAE Standards 62.1-2007, 62.2-2007 and 90.1-2007; editions without addenda.

ASHRAE

1791 Tullie Circle NE

Atlanta, GA 30329

www.ashrae.org

6. ASTM – E1465-06.

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

A TPI certified by the State Planning Office is authorized to enter into a private agreement for remuneration with an Applicant or with a municipality or municipalities, to conduct inspections under 30-A M.R.S. §4451 for compliance with this Code, to issue a Notice to Proceed to the Applicant and to issue an inspection report to the municipality for the issuance of a certificate of occupancy.

The authority for third party inspectors is found in 10 M.R.S. §9723.

1. A TPI shall inspect the Applicant’s planned construction documents, including diagrams, schematics, specifications, etc. for compliance with this Code. If the TPI finds the planned construction complies with the Code, the TPI shall:

A. Approve the planned construction in writing to the Applicant, as currently in compliance with this Code, within the specific building area for which the TPI is certified.

1. One copy of the Construction File shall be retained by the TPI, and an additional copy shall be furnished to the municipality when the Application for Certificate of Occupancy is submitted.

2. One copy of the Construction File shall be provided to the Applicant and shall be available upon request, for inspection, during the planned construction.

3. The Construction File shall contain the following:

A. All written correspondence between the TPI and the Applicant regarding the planned construction. The inclusion of contractual documents regarding contracted services by and between the TPI and Applicant is voluntary.

B. A copy of the plans, schematics, diagrams, and specifications fully describing the planned construction.

C. A copy of the Notice to Proceed issued by the TPI to the Applicant for the planned construction.

D. Change orders for significant modification of planned construction and TPI approval for each change order.

E. A copy of all inspection reports prepared by the TPI.

F. A copy of all photographs of the construction. Each photograph shall be time dated.

G. A final statement of the TPI to the municipality advising if the subject construction is compliance with this Code.

1. The Inspection Report shall be prepared by the TPI, and shall include, but not be limited to the following information.

A. The Inspection Report shall contain a clear and concise description of each Code item reviewed for compliance.

B. The Inspection Report shall provide instruction and guidance to the Applicant to identify and resolve items found to be in noncompliance with the Code.

C. Inspection items found to be in noncompliance shall be described and identified by Code section.

D. Correction of non-conforming inspection items shall be documented.

E. All change orders that significantly modify the planned construction, shall be dated and shall include a written determination by the TPI of Code compliance or noncompliance.

F. Each Inspection Report shall include the time and date of inspections, the stage of the planned construction and shall be signed by the TPI conducting the inspection.

1. Construction for which a Notice to Proceed is issued shall be subject to inspection by the TPI and such construction shall remain accessible and exposed for inspection purposes until approved by the TPI.

2. The TPI, upon notification by the Applicant, shall make inspections pursuant to this Code and Chapter I of each applicable international code. Such inspection(s) shall be within the specific building area(s) for which the TPI is certified.

SUMMARY: This chapter establishes the Commercial Building Code component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference. This chapter also contains requirements for the enforcement of the Commercial Building code by local building officials in municipalities with a population of more than 2,000 residents.

All building construction in Maine, with some exceptions, is governed by the MUBEC, which is adopted by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

This chapter sets forth the standards for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure, with the exception of detached one and two-family dwellings and townhouses.

The authority for this Chapter is 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code.

1. IBC. “IBC” means the 2009 International Building code, in effect June 1, 2010, published by the International Code Council, Inc.

2. NFPA. “NFPA” means The National Fire Protection Association.

3. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S. §9271 et seq.

4. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to 5 M.R.S. §12004-G, subsection 5-A and 10 M.R.S. §9722.

1. The following Chapters of the 2009 International Building Code, published by the International Code Council, Inc., in effect on June 1, 2010, are hereby adopted and incorporated by reference:

A. Chapters 1 - 10

B. Chapters 12 - 27

C. Chapters 31 - 35

2. The following Chapters, and all appendices, of the IBC are specifically excluded from adoption:

A. Chapter 11 ACCESSIBILITY

B. Chapter 28 MECHANICAL SYSTEMS

C. Chapter 29 PLUMBING SYSTEMS

D. Chapter 30 ELEVATORS AND CONVEYING SYSTEMS

E. Appendix A - K

The following additions, insertions, deletions, and other changes are hereby made to the 2009 International Building Code:

1. Generally all sections.

Delete “International Mechanical Code”

Insert “applicable state codes and statutes”

2. Section 101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

3. Section 101.4.1

Delete “International Fuel Gas Code”; and

Insert “NFPA 54 National Fuel Gas Code: Fire safety codes and standards adopted pursuant to Title 25 §§ 2452 and 2465” in its place.

4. Section 101.4.2

Delete Section 101.4.1 “Mechanical” in its entirety, without substitution.

5. Section 101.4.3

Delete “International Plumbing Code”; and

Insert “Maine State Plumbing Code, adopted pursuant to Title 32, § 3404-B” in its place.

Delete “International Private Sewage Disposal Codes”; and

Insert “Maine State Plumbing Code, adopted pursuant to Title 32, § 3404-B” in its place.

6. Section 101.4.4

Delete Section 101.4.4 “Property maintenance” in its entirety, without substitution.

7. Section 101.4.5

Delete “International Fire Code”; and

Insert “NFPA #1; Fire codes and standards adopted pursuant to Title 25 §§ 2452 and 2465” in its place.

8. Section 102.2.1

Insert “No provisions of the MUBEC shall be construed to prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes. Such ordinances may include items such as, permits, permit fees, boards of appeals and violations.”

9. Section 102.6

Delete “International Property Maintenance Code or the International Fire Code”; and

Insert “NFPA #1; Fire Safety codes and standards adopted pursuant to Title 25 §§ 2452 and 2465” in its place.

10. Section 103

Delete Section 103 “Department of Building Safety” in its entirety, without substitution.

11. Sections 104, 105, 106, 107, 108, 110, 111, 112, 115 and 116 and any amendments thereto shall only be applicable:

A. In a municipality with a population of 2,000 or more residents, beginning:

(1) No later than December 1, 2010, if the municipality had previously adopted any building code on or before August 1, 2008; or

(2) No later than July 1, 2012, if the municipality had not adopted any building code on or before August 1, 2008.

B. In a municipality with a population of less than 2,000 residents if the municipality voluntarily elects to enforce the MUBEC.

12. Section 104.8

Delete all language in Section 104.8; and

Insert “See 14 MRSA §8101” in its place.

13. Section 105.1

Insert “where required by municipal ordinance” at the end of the paragraph.

14. Section 105.2

Insert “Structures exempt from permits shall be located in compliance with zoning and floodplain regulations” at the end of the paragraph.

15. Section 109

Delete Section 109 “Fees” in its entirety, without substitution.

16. Sections 113 and 114

Delete Section 113 “Board of Appeals” and Section 114 “Violations” in their entirety, without substitution.

17. Section 308.5.2

Delete Section 308.5.2 and the exceptions thereto, in its entirety, without substitution.

18. Section 404.6

Delete all language in Section 404.6; and

Insert “See NFPA 101 8.6.7 (2009 edition)” in its place.

19. Section 715.4.8.1.1

Insert a new Section 715.4.8.1.1 to read: “Every door assembly in a stair enclosure serving more than four (4) stories shall permit re-entry from the enclosure to the interior of the building. Exception: An automatic release that is actuated with the initiation of the building fire alarm or fire detection system shall be provided to unlock all stair enclosure door assemblies to allow re-entry.

20. Section 716.5.3

Delete “and smoke” in the first sentence.

21. Section 1004.1.1, Exception

Delete “Exception: Where approved by the building official, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load.”

22. Section 1005.1

Insert (within the paragraph; after) The means of egress width shall not be less than required by this section. The total width of means of egress in inches (mm) shall not be less than the total occupant load served by the means of egress multiplied by 0.3 inches (7.61mm) per occupant for stairways.

Exception: Board and Care 0.4; Health Care – Sprinkled 0.3; Health Care Non-sprinkled 0.6.

Delete “and by 0.2 inches (5.08 mm) per occupant for other egress components”

Insert The total width of means of egress in inches (mm) shall not be less than the total occupant load served by the means of egress multiplied by 0.2 inches (5.08 mm) per occupant for other egress components.

Exception: Board and Care 0.2; Health Care Sprinkled 0.2; Health Care Non-Sprinkled 0.5.

23. Section 1008.1.9.8

Delete “E” from the Group reference in two (2) locations in the first paragraph.

24. Section 1014.3

Delete all language in Section 1014; and

Insert “See NFPA 101-2009 Table A7.6” in its place.

25. Section 1015, Table 1016.1

Insert “I-1” in the occupancy column as a new row; and

Insert “See NFPA 101-2009 Table A7.6”

26. Section 1015.2.1

Insert “and exit discharge” Where two exits or exit access doorways are required from any portion of the exit access, the exit doors or exit access doorways, and exit discharge shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the building or area to be served measured in a straight line between exit doors or exit access doorways and exit discharge.

27. Section 1016, Table 1016.1

Delete “E” from the occupancy column as one of the use groups; and

Insert a new row in the column titled “Single Use”; and

Insert “E” in the Single Use occupancy column; and

Insert “150” in the without sprinkler system (feet) column; and

Insert “200” in the sprinkling system (feet) column.

28. Section 1016, Table 1016.1

Delete “S-1 and S-2” from the occupancy column; and

Insert “S-1 and S-2” in the occupancy column as a new row; and

Insert “See NFPA 101-2009 Table A7.6”

SUMMARY: This chapter establishes the Existing Building code component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference. This chapter also contains requirements for the enforcement of the Existing Building code by local building officials in municipalities with a population of more than 2,000 residents.

All building construction in Maine, with some exceptions, is governed by the MUBEC, which is adopted by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

This chapter sets forth the standards for the repair, alteration, change of occupancy, addition and relocation of all existing buildings.

The authority for this Chapter is 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code.

1. IEBC. “IEBC” means the 2009 International Existing Building code in effect June 1, 2010, published by the International Code Council, Inc.

2. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S. § 9271 et seq.

3. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to 5 M.R.S., § 12004-G, subsection 5-A and 10 M.R.S., § 9722.

1. Chapters 1 – 15 of the 2009 International Existing Building Code, published by the International Code Council, Inc., in effect on June 1, 2010, are hereby adopted and incorporated by reference.

The following additions, insertions, deletions, and other changes are hereby made to the 2009 International Existing Building Code:

1. Generally all sections

Delete “International Mechanical Code”

Insert “applicable state codes and statutes”

2. Section 101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

3. Section 101.4.2

Delete “International Fire Code, or the International Property Maintenance Code”

Insert “NFPA#1: Fire codes and standards adopted pursuant to Title 25; Section 2452 and 2465”

4. Insert: Section 101.4.3 “No provisions of the MUBEC shall be construed to prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes. Such ordinances may include items such as, permits, permit fees, boards of appeals and violations.”

5. Section 101.5.1

Delete “International Fire Code”

Insert “NFPA#1; Fire codes and standards adopted pursuant to Title 25; Section 2452 and 2465”

6. Section 103

Delete Section 103 “Department of Building Safety” in its entirety, without substitution.

7. Sections 104, 105, 106, 107, 109, 110, 111, 114, 115, 116, and 117, and any amendments thereto shall only be applicable:

A. In a municipality with a population of 2,000 or more residents, beginning:

(1) No later than December 1, 2010, if the municipality had previously adopted any building code on or before August 1, 2008; or

(2) No later than July 1, 2012, if the municipality had not adopted any building code on or before August 1, 2008.

B. In a municipality with a population of less than 2,000 residents, if the municipality voluntarily elects to enforce the MUBEC.

8. Section 104.8

Delete all language in Section 104.8; and

Insert “See 14 MRSA §8101” in its place.

9. Section 105.1

Insert (at the end of the paragraph), “where required by municipal ordinance.”

10. Section 105.2

Insert (at the end of the paragraph after jurisdiction and before Permits): “Structures exempt from permits shall be located in compliance with zoning and floodplain regulations.”

11. Section 108

Delete Section 108 “Fees” in its entirety, without substitution.

12. Sections 112 and 113

Delete Section 112 “Board of Appeals” and Section 113 “Violations” in their entirety, without substitution.

13. Section 307.7

Delete “International Fuel Gas Code”

Insert “NFPA#54 Fuel Gas code: Fire codes and standards adopted pursuant to Title 25; Section 2452 and 2465”

14. Section 307.8

Delete “special” and “International Mechanical Code”

Insert “mechanical” between special and provisions

15. Section 307.9

Delete “International Plumbing Code”

Insert “Maine State Plumbing Code” – Title 32, Section 3403-B

16. Section 602.4

Delete “International Mechanical Code and International Plumbing Code

Insert “Maine State Plumbing Code, Maine State Fuel Gas and mechanical provisions

17. Section 602.4.1

Delete “International Fuel Gas Code”

Insert “NFPA#54 Fuel Gas Code; Fire codes and standards adopted pursuant to Title 25; Section 2452 and 2465”

18. Section 703.2.3

Delete “or the International Fuel Code”

19. Section 704.4.1.1

Delete “or the International Fuel Code”

20. Section 704.4.3

Delete “or the International Fire Code”

21. Section 709.1

Delete “In accordance with the International Mechanical Code”

22. Section 802.1.1

Delete “in accordance with the International Mechanical Code”

23. Section 802.2.1

Delete “in accordance with the International Mechanical Code”

24. Section 909.1

Delete “in accordance with the International Mechanical Code” and “intent of the respective International Mechanical Code provisions, and

Insert “provisions of NFPA #96; Fire codes and standards adopted pursuant to Title 25: Section 2452 and 2465”

25. Section 910.1

Delete “International Plumbing Code”

Insert “Maine Plumbing Code”

26. Section 910.2

Delete “International Plumbing Code”

Insert “Maine Plumbing Code”

27. Section 910.3

Delete “International Plumbing Code”

Insert “Maine Plumbing Code”

28. Section 910.5

Delete “International Plumbing Code”

Insert “Maine Plumbing Code”

29. Section 912.5.1

Delete “Section 903.3.1.1 of the International Fire Code”

Insert “NFPA #1 Fire Code: Fire codes and standards adopted pursuant to Title 25; Section 2452 and 2465

30. Section 1201.2

Delete “International Fire Code and the International Property Maintenance Code.”

Insert “NFPA #1; Fire codes and standards adopted pursuant to Title 25: Section 2452 and 2465

31. Section 1301.2

Delete “[DATE TO BE INSERTED BY THE JURISDICTION]”; and

Insert “December 1, 2010”.

32. Section 1301.3.2

Delete “International Fire Code and the International Property Maintenance Code.”

Insert “NFPA #1; Fire codes and standards adopted pursuant to Title 25; Section 2452 and 2465

SUMMARY: This chapter establishes the Residential Building code component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference. This chapter also contains requirements for the enforcement of the Residential Building code by local building officials in municipalities with a population of more than 2,000 residents.

All building construction in Maine, with some exceptions, is governed by the MUBEC, which is adopted by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

This chapter sets forth the standards for residential construction for one and two-family dwellings that are part of the MUBEC. It applies to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

The authority for this Chapter is 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code.

1. IRC. “IRC” means the 2009 International Residential Code, in effect on June 1, 2010, published by the International Code Council, Inc.

2. NFPA. “NFPA” means The National Fire Protection Association.

3. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S. §9271 et seq.

4. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to 5 M.R.S. §12004-G, subsection 5-A and 10 M.R.S. §9722.

1. The following Chapters of the 2009 International Residential Code, published by the International Code Council, Inc., in effect on June 1, 2010, are hereby adopted and incorporated by reference:

A. Chapters 1 - 10

B. Chapters 12 - 19

C. Chapter 23

D. Chapter 41

E. Chapter 42

F. Chapter 44

2. The following Chapters, and all appendices, of the IRC are specifically excluded from adoption:

A. Chapter 11 Energy Efficiency

B. Chapter 20 Boilers and Water Heaters

C. Chapter 21 Hydronic Piping

D. Chapter 22 Special Piping and Storage Systems

E. Chapter 24 Fuel Gas

F. Chapter 25 Plumbing Administration

G. Chapter 26 General Plumbing Requirements

H. Chapter 27 Plumbing Fixtures

I. Chapter 28 Water Heaters

J. Chapter 29 Water Supply and Distribution

K. Chapter 30 Sanitary Drainage

L. Chapter 31 Vents

M. Chapter 32 Traps

N. Chapter 33 Storm Drainage

O. Chapter 34 General Requirements

P. Chapter 35 Electrical Definitions

Q. Chapter 36 Services

R. Chapter 37 Branch Circuit and Feeder Requirements

S. Chapter 38 Wiring Methods

T. Chapter 39 Power and Lighting Distribution

U. Chapter 40 Devices and Luminaries

V. Chapter 43 Class 2 Remote-Control, Signaling and Power Limited Circuits

W. Appendix A - Q

The following additions, insertions, deletions, and other changes are hereby made to the 2009 International Residential Code:

1. Generally all sections

Delete “International Mechanical Code”

Insert “applicable state codes and statues”

2. Section R101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

3. Section R102.2.1

Insert “No provisions of the MUBEC shall be construed to prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes. Such ordinances may include items such as, permits, permit fees, boards of appeals and violations.”

4. Section R102.7

Delete “International Property Maintenance Code or the International Fire Code”; and

Insert “NFPA #1; Fire and Safety Codes and standards adopted pursuant to Title 25, §§ 2452 and 2465” in its place.

5. Section R103

Delete Section R103 ‘Department of Building Safety’ in its entirety, without substitution.

6. Sections R104, R105, R106 R107, R109, R110, R111, and R114 and any amendments thereto shall only be applicable:

A. In a municipality with a population of 2,000 or more residents, beginning:

(1) No later than December 1, 2010, if the municipality had previously adopted any building code on or before August 1, 2008; or

(2) No later than July 1, 2012, if the municipality had not adopted any building code on or before August 1, 2008.

B. In a municipality with a population of less than 2,000 residents, if the municipality voluntarily elects to enforce the MUBEC.

7. Section R104.8

Delete all language in Section R104.8; and

Insert “See 14 MRSA §8101” in its place.

8. Section R105.1

Insert “where required by municipal ordinance.” at the end of the paragraph.

9. Section R105.2

Insert “Structures exempt from permits shall be located in compliance with zoning and floodplain regulations.” at the end of the paragraph.

10. Section R105.3

Delete “department of building safety” in the first paragraph; and

Insert “municipality” in its place.

11. Section R105.3.1

Delete “within a reasonable time after filing”

Insert “in accordance with 30A MRSA §4103”

12. Section R105.3.1.1

Delete “finding shall be provided to the board of appeals for a determination of substantial damage. Applications determined by the bar of appeals to constitute substantial improvement or substantial damage”; and

Insert “Building Official” in its place.

13. Section R108

Delete Section R108 “Fees” in its entirety, without substitution.

14. Sections R112 and R113

Delete Section R112 “Board of Appeals” and Section R113 “Violations” in their entirety, without substitution.

15. Section R202

Delete “Conditioned space: Fore energy purposes, space within a building that is provided with heating and/or cooling equipment of systems capable of maintaining, through design or heat loss/gain 50° F (10° C) during the heating season and 85° F (29° C) during the cooling season, or communicates directly with a conditioned space. For mechanical purposed, an area, room or space being heated or cooled by any equipment or appliance”

Insert “An area or room within a building being heated or cooled, containing un-insulated ducts, or with a fixed opening directly into an adjacent conditioned space.” in its place.

16. Section R310.1, First Exception

Insert “if the dwelling unit is protected throughout by an approved automatic sprinkler system in accordance with R313.” at the end of the first exception.

17. Section R310.1.1

Delete “Exception: Grade floor openings shall have a minimum net clear opening of 5 square feet (0.465 m2).”

18. Section R313.2

Delete Section R313.2 in its entirety.

Insert (IRC) R501.3 Fire protection of floors, Floor assemblies, not required elsewhere in this code to be fire resistance rated, shall be provided with a ½ inch gypsum wallboard membrane, 5/8 inch wood structural panel membrane, or equivalent on the underside of the floor framing member.

Exceptions:

1. Floor assemblies located directly over a space protected by an automatic sprinkler system in accordance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system.

2. Floor assemblies located directly over a crawl space not intended for storage or fuel-fired appliances.

3. Portions of floor assemblies can be unprotected when complying with the following:

3.1 The aggregate area of the unprotected portions shall not exceed 80 square feet per story.

3.2 Fire blocking in accordance with Section R302.11.1 shall be installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder of the floor assembly.

4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance.

19. Section: Table M1507.3

Delete Table M1507.3; and

Insert See ASHRAE 62.2 – 2007 edition; Table 5.1 and 5.2

SUMMARY: This chapter establishes the Energy Conservation code component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc. and is made part of the MUBEC through incorporation by reference. This chapter also contains requirements for the enforcement of the Energy Conservation code by local building officials in municipalities with a population of more than 2,000 residents.

All building construction in Maine, with some exceptions, is governed by the MUBEC, which is adopted by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

This chapter sets forth the regulation of the design and construction of buildings for the effective use of energy and is applicable to both residential and commercial buildings.

The authority for this Chapter is 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code.

1. IECC. “IECC” means the 2009 International Energy Conservation Code, in effect on June 1, 2010, published by the International Code Council, Inc.

2. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S. §9271 et seq.

3. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to 5 M.R.S. §12004-G, subsection 5-A and 10 M.R.S. §9722.

1. Chapters 1 – 6 of the 2009 International Energy Conservation Code, published by the International Code Council, Inc., in effect on June 1, 2010, are hereby adopted and incorporated by reference and are an enforceable part of the MUBEC.

The following additions, insertions, deletions, and other changes are hereby made to the 2009 International Energy Conservation Code:

1. Generally all sections

Delete “International Mechanical Code”

Insert “applicable state codes and statutes” except for the specific Sections below where references to International Mechanical Code are specifically deleted and/or altered.

2. Chapter 6, First Paragraph

Delete “107” from the end of the last sentence; and

Insert “106” in its place.

3. Section 101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

4. Sections 103, 104, and 108, and any amendments thereto shall only be applicable:

A. In a municipality with a population of 2,000 or more residents, beginning:

(1) No later than December 1, 2010, if the municipality had previously adopted any building code on or before August 1, 2008; or

(2) No later than July 1, 2012, if the municipality had not adopted any building code on or before August 1, 2008.

B. In a municipality with a population of less than 2,000 residents, if the municipality voluntarily elects to enforce the MUBEC.

5. Section 101.4.7

Insert “No provisions of the MUBEC shall be construed to prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes. Such ordinances may include items such as, permits, permit fees, boards of appeals and violations.”

6. Section 107

Delete Section 107 “Fees” in its entirety, without substitution.

7. Section 109

Delete Section 109 “Board of Appeals” in its entirety, without substitution.

8. Section 402.4.2.1

Delete “33.5 psf (50 Pa.)” at the end of the first sentence; and

Insert “50 PA (1 psf)” in its place.

9. Section 403.9.1

Insert after “natural gas” “or LPG”

10. Section 503.2.5

Delete “Chapter 4 of the International Mechanical Code”

Insert “ASHRAE 62.1-2007.” in its place for both occurrences.

11. Section 503.2.5.1

Delete “(as established in Table 403.3 of the International Mechanical Code)”, without substitution.

12. Section 503.2.6 Exception 1

Delete Exception 1 “Where energy recover systems are prohibited by the International Mechanical Code,” with no substitution

13. Section 503.2.7.1

Delete “the International Mechanical Code.”

Insert “NFPA 90A” in its place.

14. Section 503.2.9.1

Delete “in accordance with the requirements of Chapter 6 of the International Mechanical Code” without substitution.

15. Section 503.3.1 Exception 2.

Delete Exception 2 “in order to meet the minimum ventilation requirements of Chapter 4 of the International Mechanical Code”, without substitution.

16. Section 503.4.5 Item 3

Delete “Chapter 4 of the International Mechanical Code.”

Insert “ASHRAE 90.1-2007.” in its place.