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 642-1-12 - PROCEDURES FOR IDENTIFYING AND RESOLVING CONFLICTS BETWEEN THIS CODE AND THE FIRE SAFETY CODES AND STANDARDS

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 these Codes.

D. If the provision of the code identified as "in conflict" with these Codes 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 these Codes.

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 these Codes 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.