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AUGUSTA – With the recent adoption of the Maine Uniform Building and Energy code, the state has introduced a more efficient way to govern.

The state, through the Technical Codes and Standards Board, has amended and adopted the code; municipalities will enforce it. This is an example of administering public policy at the appropriate level of government.

One of the prime motivations for passing the new code was to improve Maine’s business climate. Developers who want to invest in Maine will no longer have to deal with a “patchwork quilt” of codes that costs them extra time and money to navigate.

Thus, it is appropriate and efficient for the state to amend and adopt a uniform building code, instead of 495 municipalities each amending and adopting their own codes.

This also provides a level playing field for builders and developers, while assuring consumers of a basic level of quality and performance in new construction.

Enforcement of the code at the local level is also appropriate. Building inspectors need to be close to where construction is occurring.

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Towns have flexibility in how they enforce the code, through four code enforcement choices. And they can charge what they need, to cover their costs. The four enforcement options are:

By a local code enforcement officer;

Via inter-local agreement where towns can share the use of a code official;

Via contractual agreement with county or regional authorities;

Or inspection by a third-party inspector contracted by the building owner or municipality.

In crafting the law, the State Planning Office held focus groups, met with building trades associations, held public feedback sessions across the state and invited public comment. As a result of public input, there is a staggered schedule to implement the new code, based on the varying needs of different towns.

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Towns that had a code prior to Aug. 1, 2008, will begin enforcing the code on Dec. 1. These towns will continue their current code enforcement activity, but will now have a new, updated code to work with.

Towns that did not have a code prior to Aug. 1, 2008, have until July 1, 2012, to begin enforcing the new code. These towns are given time to choose and implement one of the enforcement options listed above.

Towns with less than 2,000 in population do not have to enforce the code. Even though the code applies statewide, enforcement is voluntary in these towns.

By crafting state law in a way that plays to the strengths of state and local government, we can become more efficient and pave the way for new investment in Maine.

It takes listening, thoughtfulness and cooperation to craft state law this way.

But it’s worth the effort. The Legislature and the Technical Codes and Standards Board are to be commended for their hard work to adopt the new code.

To meet the challenges ahead, we should seek a cooperative relationship between state and local government instead of an adversarial one.

We should continue to listen, and then craft thoughtful solutions that really work. The new building and energy code provides a fine example of how to do this.

 

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