16- 219 C.M.R. ch. 52, § 2

Current through 2024-51, December 18, 2024

Section 219-52-2 - Definitions

The following terms, as used in this chapter, shall have the following meanings, unless the context indicates otherwise.

1.80K certification. "80K certification" means a written notice from the Office that an eligible individual has demonstrated an understanding with District Court procedures for the prosecution of alleged land use violations pursuant to Rule 80K of the Maine Rules of Civil Procedures and 30-A M.R.S. §4453.

2.Any building code. "Any building code" means a building code under 10 M.R.S., Chapter 1103. A life safety or fire code is not considered as any building code for the purposes of this definition.

3.Basic training. "Basic training" means the education workshops coordinated through the Office, which are presented at an introductory level and are applicable to newly-appointed code enforcement officers.

4.Building. "Building" means any structure used or intended for supporting or sheltering any use or occupancy.

5.Building standards. "Building standards" means the laws, codes, standards, rules, and ordinances related to 30-A M.R.S., Chapter 141 that grants municipal ordinance powers; 30-A M.R.S., Chapter 185, subchapters 1 and 2 that provides for municipal regulation of construction and improvements; 25 M.R.S., Chapter 313 that regulates municipal inspections of buildings; and 10 M.R.S., Chapter 1103.

6.Building official. "Building official" means an individual appointed by a municipality pursuant to 25 M.R.S. §2351-A. For purposes of this rule, a code enforcement officer is considered a building official when appointed by the municipality under §2351-A. to administer any of the building codes that are part of the building standards specific area.

7.Certification. "Certification" means a written notice from the Office that an individual may act as a local code enforcement officer or a third-party inspector having demonstrated a basic understanding of the laws, codes, standards, rules, and ordinances of those specific areas of their job responsibility and, for a code enforcement officer, the legal and administrative requirements of permitting and enforcement. This certification does not replace any other certification required by state or local law or rule.

8.Code enforcement officer."Code enforcement officer" means an individual who has been appointed and sworn by a municipality to enforce laws and ordinances in any one or more of the following specific areas of responsibility:

A) shoreland zoning under 38 M.R.S., Chapter 3, subchapter 1, article 2-B;

B) comprehensive planning and land use under 30-A M.R.S., Chapter 187;

C) internal plumbing under 30-A M.R.S., Chapter 185, subchapter 3;

D) subsurface wastewater disposal under 30-A M.R.S., Chapter 185, subchapter 3; and

E) building standards under 30-A M.R.S., Chapters 141 and 185; 10 M.R.S., Chapter 1103; 25 M.R.S., Chapter 313; and 5 M.R.S. §4594-G.

9.Comprehensive planning and land use. "Comprehensive planning and land use" means the laws, codes, standards, rules, and ordinances related to 30-A M.R.S., Chapter 187.

10.Commercial building code. "Commercial building code" means the International Building Code published by the International Code Council and as adopted and as may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6.

11.Commercial energy code. "Commercial energy code" means the International Energy Conservation Code published by the International Code Council and as adopted and as may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6 or ASHRAE Standard 90.1-2013, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., and as adopted and may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6.

12.Contact hour. "Contact hour" means one (1) hour of actual time spent in a training activity.

13.Construction. "Construction" means the enlargement, alteration, repair, movement, demolition or change in the occupancy of a building.

14.Degree. "Degree" means a document issued by a recognized institution of learning, which verifies completion of a course of study, including diplomas, certificates or official transcripts.

15.Enforce. "Enforce" means that a municipal building official either takes action to inspect buildings in accordance with 25 M.R.S. §§2351-A - 2361 or to review inspection reports of third-party inspectors for accuracy, pursuant to a duly adopted municipal ordinance.

16.Examination. "Examination" means the testing process through which an individual acquires certification, as described in section 4 of this chapter.

17.Full-time. "Full-time" means an individual who works 35 hours per week or more.

18.Hardship. "Hardship" means that a municipality, through no fault of its own, would be at risk of having its permitting decisions invalidated.

19.Indoor commercial ventilation code. "Indoor commercial ventilation code" means the ASHRAE Standard 62.1-2013, Ventilation for Acceptable Indoor Air Quality, published by the American Society of Heating, Refrigerating and Air-conditioning Engineers, Inc., and as adopted and may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6.

20.Indoor residential ventilation code. "Indoor residential ventilation code" means the ASHRAE Standard 62.2-2013, Ventilation for Acceptable Indoor Air Quality in Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-conditioning Engineers, Inc., and as adopted and may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6.

21.Internal plumbing. "Internal plumbing" means the laws, codes, standards, rules, and ordinances related to 30-A M.R.S., Chapter 185, subchapter 3.

22.Legal issues and enforcement techniques. "Legal issues and enforcement techniques" means familiarity with the laws and ordinances related to the structure and practice of the municipal code enforcement office, municipal planning board and appeals board procedures, application review and permitting procedures, inspection procedures, and methods and procedures of enforcement.

23.Local plumbing inspector. "Local plumbing inspector" means an individual appointed by the municipality pursuant to 30-A M.R.S. §4221. For purposes of this rule, a code enforcement officer is considered a local plumbing inspector when appointed by the municipality under §4221 to administer the internal plumbing or subsurface waste disposal specific areas.

24.Maine Uniform Building Code. "Maine Uniform Building Code" means the portion of the Maine Uniform Building and Energy Code that does not contain energy code requirements as adopted and amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S., Chapter 1103.

25. Maine Uniform Building and Energy Code. "Maine Uniform Building and Energy Code" means the uniform statewide building and energy code adopted and amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S., Chapter 1103.

26.Maine Uniform Energy Code. "Maine Uniform Energy Code" means the portion of the Maine Uniform Building and Energy Code that contains only the energy code requirements as adopted and amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S., Chapter 1103.

27.Office. "Office" means the Department of Public Safety's Office of the State Fire Marshal.

28.Population. "Population" means the number of residents living in the municipality according to the US Census Bureau's most recent decennial census.

29.Professional activity. "Professional activity" means related volunteer service or participation not considered a requirement for the continuing employment of the code enforcement officer. It may include service as an officer of a national, state or regional association or service on a committee, advisory board or task force of a regional, state or federal government or model code organization or institution, teaching code administration related courses or working for related service or charitable organizations.

30.Professional certification. "Professional certification" means the individual has successfully completed the examination, education, or work experience requirements for recognition by an acknowledged professional association or institute for knowledge, technical expertise and adherence to standards of practice.

31.Professional license. "Professional license" means the individual has successfully completed the examination, education, or work experience requirements to engage in a profession, occupation, business or industry in the State of Maine.

32.Recertification training. "Recertification training" means those continuing education sessions which are provided by state agencies, educational institutions, professional associations or other relevant organizations and approved by the Office as providing a code enforcement officer or third-party inspector with updated knowledge in a specific area.

33.Recertification. "Recertification" means written notice from the Office that a code enforcement officer has met the recertification standards in section 5 of this chapter or that a third-party inspector has met the recertification standards in section 8 of this chapter.

34.Registered code enforcement officer. "Registered code enforcement officer" means a person who administers laws, codes, ordinances, and regulations on behalf of an appointing municipality and who is registered with the Office in accordance with section 10 of this chapter.

35.Residential building code. "Residential building code" means the International Residential Code published by the International Code Council and as adopted and as may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6.

36.Residential energy code. "Residential energy code" means the International Energy Conservation Code published by the International Code Council and as adopted and as may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6.

37.Residential radon code. "Residential radon code" means the ASTME 1465-08, Standard Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings, published by the ASTM International and as adopted and as may be amended by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. §9722, subsection 6 and Bureau of Building Codes and Standards, Chapter 1: Maine Uniform Building Code and Uniform Energy Code-Administrative Procedures, Section 6.

38.Shoreland zoning. "Shoreland zoning" means the laws, codes, standards, rules, and ordinances related to 38 M.R.S., Chapter 3, subchapter 1, article 2-B.

39.Specific area. "Specific area" means the body of laws, codes, standards, rules, and ordinances for which a code enforcement officer is appointed and sworn to enforce, and in which a code enforcement officer is required to be certified. These may include: shoreland zoning, comprehensive planning and land use, internal plumbing, subsurface wastewater disposal, and building standards.

40.Subsurface waste disposal. "Subsurface waste disposal" means the laws, codes, standards, rules, and ordinances related to 30-A M.R.S., Chapter 185, subchapter 3.

41.Technical Building Codes and Standards Board. "Technical Building Codes and Standards Board" means the board established in 5 M.R.S. §12004-G, subsection 5-A and 10 M.R.S. §9722.

42.Third-party inspector. "Third-party inspector" has the same definition as 25 M.R.S. §2371, subsection 6 and means a person certified by the Department of Public Safety's Office of the State Fire Marshal to conduct building inspections under 30-A M.R.S. §4451 for compliance with the Maine Uniform Building and Energy Code.

43.Training activity. "Training activity" means approved professional and educational activities as described in section 5.1 of this chapter that keeps the code enforcement officer current in the officer's specific areas of job responsibilities and is intended to meet the recertification requirement in 30-A M.R.S. §4451, subsection 6.

44.Work experience. "Work experience" means employment as a municipal code enforcement officer in Maine enforcing Maine laws, codes, and ordinances.

16- 219 C.M.R. ch. 52, § 2