Code of Maine Rules
16 - DEPARTMENT OF PUBLIC SAFETY
642 - BUREAU OF BUILDING CODES AND STANDARDS
Chapter 1 - MAINE UNIFORM BUILDING AND ENERGY CODE - ADMINISTRATIVE PROCEDURES
Section 642-1-11 - PROCEDURE FOR CODE AMENDMENT
Universal Citation: 16 ME Code Rules ยง 642-1-11
Current through 2024-13, March 27, 2024
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 posted 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 MUBE Cat 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.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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