Maine Statute | Act | Code |Title 10. Commerce And Trade| US Code - US Statute | Chapter 214. Energy Efficiency Building Performance Standards

Title 10 - §1411. Title

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1411. Title

This chapter shall be known as the "Energy Efficiency Building Performance Standards Act." [1979, c. 503, § 2 (new).]
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Augusta, Maine 04333-0007Title 10 - §1412. Legislative findings and purpose

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1412. Legislative findings and purpose

The Legislature finds and declares that it is in the public interest to reduce the consumption of energy in buildings. The intent of this chapter is to reduce energy consumption by conservation. The Legislature finds that, in order to avoid duplication and confusion, state agencies adopting energy conservation standards shall coordinate their various regulations to the extent practicable. [1985, c. 370, § 1 (amd).]
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Augusta, Maine 04333-0007Title 10 - §1413. Definitions

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1413. Definitions

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [1979, c. 503, §2 (new).]

1. ASHRAE. "ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. [2003, c. 151, §1 (amd).]

1-A. ASHRAE Standard 62-2001. "ASHRAE Standard 62-2001" means Ventilation for Acceptable IAQ, ASHRAE Standard 62-2001, the standard for building ventilation adopted by ASHRAE in 2001. [2003, c. 151, §2 (new).]

1-B. ASHRAE Standard 90.1, 2001. "ASHRAE Standard 90.1, 2001" means Standard 90.1, 2001 Energy Standard for Buildings, IP Edition, the standard for energy conservation in new building design adopted by ASHRAE in 2001. [2003, c. 151, §2 (new).]

2. BTU. "BTU" means British Thermal Unit which is the amount of thermal energy required to raise one pound of water one degree Fahrenheit. [1979, c. 503, §2 (new).]

3. Change of use. "Change of use" means any alteration of the pattern of utilization of the building or change in purpose for which the building is used and which increases the total energy use of the building. [1979, c. 503, §2 (new).]

4. Commission. "Commission" means the Public Utilities Commission. [2005, c. 350, §1 (amd).]

5. Conditioned floor area. "Conditioned floor area" means the floor area within the building which is actively heated or cooled by a heating, ventilating or air conditioning system. [1979, c. 503, §2 (new).]

6. Conditioned space. "Conditioned space" means space within the building which is actively heated or cooled by a heating, ventilating or air conditioning system. [1979, c. 503, §2 (new).]

7. Commissioner. [2005, c. 350, §2 (rp).]

8. Gross floor area. "Gross floor area" means the total area of all floors within the conditioned space, including the floor area of heated basements, measured from exterior faces of exterior walls or the centerline of walls separating buildings. The floor areas of unconditioned spaces, such as unheated basements, garages and attics shall not be included in the gross floor area. [1979, c. 503, §2 (new).]

9. Heat loss. "Heat loss" means the amount of heat transferred annually from the conditioned space to the outside or to an unconditioned space by means of conduction and infiltration as calculated by the method described in this chapter. [1979, c. 503, §2 (new).]

9-A. Industrial building. "Industrial building" means a building and any addition to an existing building which houses an operation or integrated series of operations engaged in as a business or segment of a business which transforms or converts personal property by physical, chemical or other means into a different form, composition or character from that in which it originally existed. The operation or operations are limited to those classified by the United States Department of Commerce with any standard industrial code of 20 through 39. [1987, c. 818, §1 (new).]

10. Infiltration. "Infiltration" means the uncontrolled movement of air into and out of the conditioned space through cracks and interstices in the building envelope. [1979, c. 503, §2 (new).]

11. Manual of Accepted Practices. [2003, c. 644, §2 (rp).]

12. Commercial building. "Commercial building" means any building and any addition to an existing building that is not a residential or industrial building. [2005, c. 350, §3 (amd).]

13. Person. "Person" means any natural person, firm, partnership, association, corporation or governmental entity. [1979, c. 503, §2 (new).]

13-A. Primary heating system. "Primary heating system" means a heating system with a rated maximum heat output that is greater than 50% of the design heating load of the building or the unit. [1991, c. 275, §1 (new); §§4 and 5 (aff).]

14. Public building. "Public building" means any building or portion thereof having a gross floor area of 5,000 square feet or more, excluding buildings owned or leased by the Federal Government, where access by the general public is allowed. [1979, c. 503, §2 (new).]

14-A. Remodeling. "Remodeling" means the addition to an existing building of new conditioned space that is heated electrically or the conversion of existing space from nonelectric heat to electric heat. [1991, c. 275, §1 (new); §§4 and 5 (aff).]

15. Renovation. "Renovation" means the reconstruction, removal or replacement of any portion or element of an existing building that affects the heat loss or gain of the building, illumination of the building or the heating, ventilating or air conditioning system of the building when the total cost of the renovation exceeds 75% of the assessed value of the building, but does not include normal maintenance and repair. [1991, c. 275, §2 (amd); §§4 and 5 (aff).]

16. Residential building. "Residential building" means a detached one-family or 2-family dwelling; a dwelling in a group of single-family dwellings that is not more than 3 stories in height and with a separate means of egress; a group of more than 2 dwelling units that are 3 stories or fewer in height and whose occupants are primarily permanent; a building 3 stories or fewer in height that is arranged for occupancy as a residential care or assisted living facility for more than 5 but not more than 16 occupants; and an accessory structure to any of these buildings. This definition is intended to be the same as the definition of "residential building" in the model building energy code adopted by the commission by major substantive rule pursuant to Title 35-A, section 121. [2005, c. 350, §4 (amd).]

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Augusta, Maine 04333-0007Title 10 - §1414-A. Adoption of energy performance building standards by state agencies

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1414-A. Adoption of energy performance building standards by state agencies

Energy performance building standards adopted by state agencies must be coordinated with one another, as far as practicable, so that similar activities and buildings are treated in a similar way. The commission shall assist other state agencies in developing energy standards that comply with this section. [2005, c. 350, §5 (amd).]
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Augusta, Maine 04333-0007Title 10 - §1414. Advisory Council on Energy Efficiency Building Performance Standards (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1414. Advisory Council on Energy Efficiency Building Performance Standards (REPEALED)

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Augusta, Maine 04333-0007Title 10 - §1415-A. Energy efficiency standards (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-A. Energy efficiency standards (REPEALED)

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 10 - §1415-B. Mandatory standards for buildings (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-B. Mandatory standards for buildings (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007Title 10 - §1415-C. Mandatory standards for residential construction

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-C. Mandatory standards for residential construction

1. Prescriptive standard. [2003, c. 645, §1 (rp); §9 (aff).]

1-A. Performance standards. [2003, c. 645, §2 (rp), §9 (aff).]

2. Exemption. [2003, c. 645, §3 (rp); §9 (aff).]

3. Multifamily structures. Effective January 1, 2006, any new construction or renovation of a conditioned space in any residential building of more than 2 dwelling units must conform to:

A. Chapter 11 of the International Residential Code for One- and Two-Family Dwellings adopted by the International Code Council in 2003 or the 2003 edition of the International Energy Conservation Code published by the International Code Council; and [2005, c. 350, §7 (new); §16 (aff).]

B. The standards adopted by ASHRAE in 2003 for ventilation practices in residential low-rise building construction entitled "Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings," commonly referred to as ASHRAE 62.2-2003. [2005, c. 350, §7 (new); §16 (aff).]

[2005, c. 350, §7 (amd); §16 (aff).]

4. Waiver. A waiver from subsection 3 may be granted by the commission on a case-by-case basis for instances of renovation as defined by section 1413, subsection 15. In regards to the renovation of historic buildings, a waiver is granted when the Executive Director of the State Historic Preservation Commission determines that adherence to the energy building standards would result in irreparable damage to the historic character of a building on the National Register of Historic Places, eligible for nomination to the national register or designated as a historic building by a certified municipal historic preservation ordinance. In other instances, such as the rebuilding of a structure damaged by fire or a historic preservation project when maintaining historic character is not an issue, the Public Utilities Commission may grant a waiver when it can be shown that the additional cost of meeting the energy building standards would make the building renovation economically infeasible. [2005, c. 350, §8 (amd); §16 (aff).]

5. Waiver decision. The commission shall render a decision on an application for a waiver from the standards within 30 days of the receipt by the commission of a complete application for a waiver. In rendering a decision, the commission may place conditions upon the granting of a waiver. Failure on the part of the commission to render a decision within the 30-day period constitutes approval of the request for the waiver. [2005, c. 350, §8 (amd); §16 (aff).]

6. Waiver application. A request for a waiver under subsection 4 must be submitted to the Department of Economic and Community Development in writing and must contain the location of the renovation, the intended use of the building and the names of the owner, designer and contractor or builder. If applying for a waiver under the historic preservation provisions of subsection 4, information on the historic character of the building must be provided to the commissioner. If applying for a waiver under the economic hardship provisions of subsection 4, information on the economic infeasibility must be provided to the commissioner. [1991, c. 824, Pt. A, §14 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 10 - §1415-D. Mandatory standards for commercial construction

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-D. Mandatory standards for commercial construction

Except as provided in this section, new construction or substantial renovation of any commercial building undertaken after January 1, 2004 must conform to ASHRAE Standard 62-2001 and either ASHRAE Standard 90.1-2001 or the 2003 edition of the International Energy Conservation Code published by the International Code Council under any of the compliance methods specified in the standards. For the purpose of this section, "substantial renovation" means any renovation for which the cost exceeds 50% of the building's current value prior to renovation. [2005, c. 350, §9 (amd).]

1. Construction in anticipation of future sale or rental. Any person who constructs any commercial building after January 1, 1989 with the intent to sell or lease the building to another party whose energy requirements are unknown at the time of construction is subject to the following provisions.

A. The person constructing the building shall employ construction techniques and design features that permit the ready installation of energy efficient equipment and materials sufficient to meet the standards established under this section that are applicable to all reasonably foreseeable uses of the building. [2005, c. 350, §9 (amd).]

B. The person to whom the building is sold or leased is responsible for promptly installing the materials and equipment necessary for the building to conform with the standards established under this section. [1987, c. 818, §4 (new).]

[2005, c. 350, §9 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 10 - §1415-E. Administration of standards

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-E. Administration of standards

1. Administration. The commission is responsible for the administration of the standards established in this chapter. In administering these standards, the commission shall:

A. Work cooperatively with other state, regional and local agencies interested in or affected by these standards and may, by rules adopted in accordance with Title 5, chapter 375, distribute to regional planning councils funds made available for this purpose. [2005, c. 350, §10 (amd).]

B. [2003, c. 644, §3 (rp).]

C. [2003, c. 644, §3 (rp).]

[2005, c. 350, §10 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 10 - §1415-F. Manual of Accepted Practices (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-F. Manual of Accepted Practices (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 10 - §1415-G. Electric heating systems; subsidized housing

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-G. Electric heating systems; subsidized housing

1. Residential construction, remodeling and renovation. Except as provided in this section, during the construction, remodeling or renovation of a multifamily residential structure, a person may not install electric space heating equipment as the primary heating system if that construction, remodeling or renovation is funded in whole or in part by public funds, guarantees or bond proceeds. For purposes of this section, "multifamily residential structure" means a residential structure with more than one dwelling unit. [2005, c. 350, §11 (amd).]

2. Waiver. After written petition from a building owner, the commission shall grant a waiver from subsection 1 if the building design conforms to the residential standards set forth in subsection 3 or 4. A waiver granted by the commission under this subsection must be in writing and state the commission's reason for granting the waiver. [2005, c. 350, §11 (amd).]

3. Residential standards; electric heat. If the commission grants a waiver under subsection 2, the building owner shall renovate the building or construct a new building so that the entire building conforms to the minimum energy efficiency standards established in this section. If a waiver is granted under subsection 2 for a building to be remodeled or a building that receives an addition, only the remodeled portion of the building or the addition must conform to the following minimum energy efficiency standards.

A. All ceilings that face an outdoor or unheated space must be insulated to an R-value of 57 or greater. [1991, c. 275, §3 (new); §§4, 5 (aff).]

B. All walls that face an outdoor or unheated space must be insulated to an R-value of 38 or greater. [1991, c. 275, §3 (new); §§4, 5 (aff).]

C. All floors over unheated spaces must be insulated to an R-value of 25 or greater. [1991, c. 275, §3 (new); §§4, 5 (aff).]

D. Slab-on-grade floors must have perimeter insulation of either:

(1) R-15 when the insulation extends downward from the top of the slab to the design frost line; or

(2) R-15 when the insulation extends around the perimeter and horizontally or diagonally beneath or away from the slab for a distance equivalent to the depth of the frost line.
[1991, c. 275, §3 (new); §§4, 5 (aff).]

E. All foundation walls adjacent to a heated space must be insulated from the top of the foundation to the frost line to an R-value of 19 or greater. [1991, c. 275, §3 (new); §§4, 5 (aff).]

F. All windows and glass in doors, when the glass in the door constitutes 13 or more of the door area, must have a total window unit R-value of 2.5 or greater. [1991, c. 275, §3 (new); §§4, 5 (aff).]

G. All exterior doors must be insulated or equipped with a storm door. [1991, c. 275, §3 (new); §§4, 5 (aff).]

H. All new construction and renovation must comply with infiltration and ventilation standards established by the commission. [2005, c. 350, §11 (amd).]

[2005, c. 350, §11 (amd).]

4. Performance-based compliance. The commission may waive the requirements of subsection 3 for any building if the commission determines that the building's calculated annual energy consumption is not greater than the annual energy consumption of a similar building constructed in accordance with subsection 3. The commission may adopt rules that establish a performance-based compliance procedure for residential buildings. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 350, §11 (amd).]

5. Violation. A building owner who violates this section or rules adopted under this section commits a civil violation for which a fine of not less than $100 nor more than 5% of the value of construction must be adjudged. [2005, c. 350, §11 (amd).]

6. Notification. An agency, municipality or granting authority that provides a housing subsidy as described in this section must notify the commission that the application complies with the residential energy requirements of this section. Notification must be in a form prescribed by rule by the commission. [2005, c. 350, §11 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 10 - §1415-H. Certification of compliance (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-H. Certification of compliance (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 10 - §1415-I. Notice

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415-I. Notice

The commission shall develop materials that provide information about the mandatory standards imposed under section 1415-D and the penalties for noncompliance established under section 1420. The commission shall provide copies of the materials to permitting authorities who shall in turn distribute those copies to persons seeking permits to construct or renovate commercial buildings. For purposes of this section, "permitting authorities" means authorities with jurisdiction over the issuance of building permits or other permits associated with the construction or renovation of commercial buildings. The commission may also provide copies of the materials or other educational materials to entities involved in the design or construction of commercial buildings. [2005, c. 350, §13 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1415. Energy efficiency standards (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1415. Energy efficiency standards (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 10 - §1416. Procedure (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1416. Procedure (REPEALED)

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Augusta, Maine 04333-0007Title 10 - §1417. Promulgation of rules (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1417. Promulgation of rules (REPEALED)

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 10 - §1418. Municipal administration (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1418. Municipal administration (REPEALED)

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 10 - §1419. Disposition of fees (REPEALED)

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1419. Disposition of fees (REPEALED)

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Augusta, Maine 04333-0007Title 10 - §1420. Penalties

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 214: ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS

§1420. Penalties

1. General. [1989, c. 75, §10 (rp).]

2. Publicly funded buildings. [1989, c. 75, c. 10 (rp).]

3. All other buildings. It is unlawful for any person to construct any residential or commercial building in violation of section 1415-C or 1415-D. The owner of any building constructed in violation of this subsection is subject to a civil penalty not to exceed 5% of the value of the construction, payable to the State, to be recovered in a civil action. [2005, c. 350, §14 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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