May 5, 2008
One for all | A statewide building code is good news for everyone from developers to environmentalists
By Maggie Drummond, Policy Director, Growsmart Maine, Yarmouth
In the waning hours of the 123rd Legislative session in mid April, Maine Legislators took one small step for the history books and one gigantic leap for Maine businesses, consumers and communities.
The passage of a statewide uniform building and energy code with bipartisan support in the House and Senate was historic. It represented, for some, the culmination of years of work on the issue, and was perhaps the only bill of the session that enjoyed such wide support. Standing shoulder to shoulder to support the bill was an unusually broad coalition that included retail lumber dealers, general contractors, environmental organizations, and numerous developers and historic preservation organizations.
This is not to say the legislation had an easy ride. There was strong opposition, particularly from some municipalities worried about the potential cost of implementing a statewide code. And some felt that it was too much, too soon ˆ or that enforcement of the code wasn't necessary as long as we had it on the books.
In the end, the bill passed both bodies by healthy margins because most legislators agreed it was past time for Maine to catch up to the vast majority of states that already have undertaken such a move ˆ and because supporters and critics alike agreed on the basic premise that one statewide building code would be a good thing.
The compelling features of the new law include:
1. Consistency and predictability.
Under the current system, communities can adopt any building code they choose, creating a patchwork of different codes from town to town (and in some cases no code at all). Some codes actually conflict with other state or federal codes, causing confusion for builders and developers ˆ particularly those undertaking rehabilitation projects in existing or historic buildings.
Under the new law, a technical codes board will adopt a statewide code tailored for Maine. (Towns with fewer than 2,000 residents are exempt from enforcement of the code.) The board will be empowered to resolve code conflicts and adopt amendments on a regular basis. The major benefit of all of this is a level playing field: No longer will builders and developers need to negotiate on a case-by-case basis to meet unpredictable code requirements.
2. Sustainability.
Embedded in the new statewide code will be a basic energy efficiency standard and the "rehabilitation" code, which provides more flexibility to renovate existing buildings while preserving historic character and ensuring safety. These measures are particularly important in Maine, where 85% of new homes don't meet basic energy efficiency standards at a time when heating costs are rising beyond the reach of many.
The rehab code is fitting because Maine has a huge stock of older buildings. More importantly, we worked hard along with other supporters earlier in the session to convince the Legislature to pass a significant expansion of our existing historic preservation tax credit. [Editor's note: For more on this, see "Living in the past" on page TK.] This bill will no doubt spur many new rehabilitation projects from vacant mill buildings to historic opera houses. Without the widespread use of the rehab code, these projects would continue to be more costly and time consuming.
3. Options for enforcement.
Understanding that not every municipality is the same, the Legislature provided several options for enforcement of the statewide code. Towns that are already enforcing a code and have code enforcement staff may choose to enforce the statewide code with their existing system. Towns could also contract with their neighbors or through a regional entity ˆ like a planning commission or Council of Governments ˆ to retain or employ someone to do building inspections. In both of these cases, towns are authorized to pay for inspections with building permit fees just as they are under current law.
Or, towns can do nothing, in which case builders and homeowners will use a third-party to do the inspection, much as we do with plumbing inspections now. In these cases, the only responsibility of the town is to issue a certificate of occupancy (already required under current law) when it receives the building inspection.
4. Support, training and technical assistance.
The technical codes board will develop training and technical support for use of the new statewide code. Training will be free to municipal officials, and available for a fee to third-party inspectors. All code amendments and resources will be provided online and regularly supplied to the municipalities. In short: When there's confusion, there will be someone to call who can clear it up.
The full impact of the new statewide building code will not be felt right away. The technical codes board will adopt it officially next year, and municipalities will have anywhere from six months to two years to adopt it after that point.
What's striking about this effort is that the bill is equally beneficial to businesses, developers, builders, consumers and the environment. These are the kind of solutions we all need to work together, and work harder, to find.
The passage of a statewide uniform building and energy code with bipartisan support in the House and Senate was historic. It represented, for some, the culmination of years of work on the issue, and was perhaps the only bill of the session that enjoyed such wide support. Standing shoulder to shoulder to support the bill was an unusually broad coalition that included retail lumber dealers, general contractors, environmental organizations, and numerous developers and historic preservation organizations.
This is not to say the legislation had an easy ride. There was strong opposition, particularly from some municipalities worried about the potential cost of implementing a statewide code. And some felt that it was too much, too soon ˆ or that enforcement of the code wasn't necessary as long as we had it on the books.
In the end, the bill passed both bodies by healthy margins because most legislators agreed it was past time for Maine to catch up to the vast majority of states that already have undertaken such a move ˆ and because supporters and critics alike agreed on the basic premise that one statewide building code would be a good thing.
The compelling features of the new law include:
1. Consistency and predictability.
Under the current system, communities can adopt any building code they choose, creating a patchwork of different codes from town to town (and in some cases no code at all). Some codes actually conflict with other state or federal codes, causing confusion for builders and developers ˆ particularly those undertaking rehabilitation projects in existing or historic buildings.
Under the new law, a technical codes board will adopt a statewide code tailored for Maine. (Towns with fewer than 2,000 residents are exempt from enforcement of the code.) The board will be empowered to resolve code conflicts and adopt amendments on a regular basis. The major benefit of all of this is a level playing field: No longer will builders and developers need to negotiate on a case-by-case basis to meet unpredictable code requirements.
2. Sustainability.
Embedded in the new statewide code will be a basic energy efficiency standard and the "rehabilitation" code, which provides more flexibility to renovate existing buildings while preserving historic character and ensuring safety. These measures are particularly important in Maine, where 85% of new homes don't meet basic energy efficiency standards at a time when heating costs are rising beyond the reach of many.
The rehab code is fitting because Maine has a huge stock of older buildings. More importantly, we worked hard along with other supporters earlier in the session to convince the Legislature to pass a significant expansion of our existing historic preservation tax credit. [Editor's note: For more on this, see "Living in the past" on page TK.] This bill will no doubt spur many new rehabilitation projects from vacant mill buildings to historic opera houses. Without the widespread use of the rehab code, these projects would continue to be more costly and time consuming.
3. Options for enforcement.
Understanding that not every municipality is the same, the Legislature provided several options for enforcement of the statewide code. Towns that are already enforcing a code and have code enforcement staff may choose to enforce the statewide code with their existing system. Towns could also contract with their neighbors or through a regional entity ˆ like a planning commission or Council of Governments ˆ to retain or employ someone to do building inspections. In both of these cases, towns are authorized to pay for inspections with building permit fees just as they are under current law.
Or, towns can do nothing, in which case builders and homeowners will use a third-party to do the inspection, much as we do with plumbing inspections now. In these cases, the only responsibility of the town is to issue a certificate of occupancy (already required under current law) when it receives the building inspection.
4. Support, training and technical assistance.
The technical codes board will develop training and technical support for use of the new statewide code. Training will be free to municipal officials, and available for a fee to third-party inspectors. All code amendments and resources will be provided online and regularly supplied to the municipalities. In short: When there's confusion, there will be someone to call who can clear it up.
The full impact of the new statewide building code will not be felt right away. The technical codes board will adopt it officially next year, and municipalities will have anywhere from six months to two years to adopt it after that point.
What's striking about this effort is that the bill is equally beneficial to businesses, developers, builders, consumers and the environment. These are the kind of solutions we all need to work together, and work harder, to find.
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