16-642 C.M.R. ch. 1, § 11 - PROCEDURE FOR CODE AMENDMENT

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: Title 10 M.R.S. §9721, et seq.

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

D. 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. Emergency amendments shall become immediately effective upon vote of the Board in accordance with Title 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 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. The Board will use the decision tree process in consideration of proposed amendments. Amendments and/or conflicts 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) Provide an estimate of the financial impact,

(3) Describe 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 Title 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.

Notes

16-642 C.M.R. ch. 1, § 11