Code of Maine Rules — Maine Office of Community Affairs

08-000 Administrative Rules

Chapter 1 Rules for Appeal of Grant Awards

Code Me. R. 08-000 Ch. 1 Rules for Appeal of Grant Awards {#sec-08-000-ch.-1 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-000 Ch. 1}

Summary: This chapter defines the procedures and criteria to be used in the appeal of grant awards, outlines the appointment of a hearing officer, describes procedures to be used in hearing an appeal and how appellants will be notified of final agency action pursuant to 5 M.R.S. §§ 9051, 9052-9064.

Section 1. DEFINITIONS

AGGRIEVED PERSON: Means a person who applied and met all application requirements for but did not receive a grant award and who is adversely affected financially, professionally, or personally by that decision.

DIRECTOR: Director of the Maine Office of Community Affairs

GRANT: Means an award, typically financial, given by the Maine Office of Community Affairs to an individual, municipality, Tribal government, for-profit entity, regional council, non-profit or company to facilitate performance of an activity that furthers particular goals of the State. Grants shall include those funded through emergency relief funds, bequests, gifts, or contributions from any person, corporation, or government, including for the purpose of economic opportunity, business growth, and other strategic investment.

4. HEARING OFFICER: Means an individual appointed by the Director of the Maine Office of Community Affairs, who must not have a direct or indirect personal, professional, or financial conflict of interest in the appeal and cannot be an employee of the program overseeing the grant.

OFFICE: Maine Office of Community Affairs

Section 2. APPEALS PROCEDURE

Notwithstanding any provisions or requirements of the originating funding, grant or award to the contrary, all grant programs in the Office shall follow the appeals process set forth in this rule chapter.

APPEAL REQUEST: An aggrieved person (hereinafter the “petitioner”) may request an appeal hearing on a grant award decision by submitting a request for appeal to the Director, in writing via electronic mail, no later than fifteen (15) calendar days from the date of the award decision. The written request for appeal must describe the specific nature of the grievance, including the appeal criteria as defined in Section 3, Subsection 2 of this rule. The Director shall grant an appeal hearing unless it is determined that:

A. The petitioner is not an aggrieved person; or

B. The written request for appeal was submitted more than fifteen (15) calendar from the date of award decision.

3. NOTIFICATION: The Director shall notify the petitioner in writing of the decision regarding a request for a hearing of appeal within fifteen (15) calendar days of receipt of the request. If a request for a hearing is granted, notification must be made at least twenty-one (21) calendar days before the hearing date. Notice of the appeal proceeding shall follow the requirements of 5 M.R.S. § 9052 and be provided to those entities as determined applicable by the Director. The notification must include the date and location of the hearing and the name of the Hearing Officer. Appeal proceedings may be held in person, virtually, or in a hybrid format at the discretion of the Hearing Officer. Failure to appear for a scheduled hearing may be grounds for default.

Section 3. APPEAL HEARINGS

1. HEARING OFFICER: The Hearing Officer shall preside over the appeal hearing and shall control all aspects of the hearing, rule on points of order, rule on all objections, and may question witnesses.

2. APPEAL CRITERIA: The burden of proof within the hearing of appeal lies with the petitioner. The evidence presented must specifically address and be limited to one or more of the following:

A. Violation of law;

B. Irregularities creating fundamental unfairness; or

C. Arbitrary or capricious award.

Evidence of any type that cannot be related to this criteria may be ruled inadmissible by the Hearing Officer.

In the event multiple appeal hearing requests are granted on a single grant award, the Director may assign the Hearing Officer to hear all petitioners within the same hearing as a combined appeal. Notwithstanding a combined appeal hearing process, the Hearing Officer may still decide each petitioner’s appeal separately based solely on the evidence presented by each respective petitioner.

3. PARTICIPANTS: The petitioner may participate alone or be represented by an attorney. The Office may be represented by staff and/or its attorney. Other parties of interest may petition to intervene. Such petition shall be presented in writing via electronic mail to the Director at least fourteen (14) days prior to the hearing date. The Director will notify the Hearing Officer of the request to intervene. The Hearing Officer shall determine and allow or disallow participation in writing within seven (7) calendar days of receipt of the request to intervene. Copies of this notification shall be sent to the petitioner and the Office.

4. PRESENTATION OF EVIDENCE: The petitioner must present evidence to substantiate the specific grievances stated in the appeal. The evidence shall be confined to the record upon which the Director’s decision was based. The burden is on the petitioner to prove one or more of the appeal criteria under Section 3, Subsection 2 by clear and convincing evidence. Brief opening statements may be made by the petitioner, the Office, and any intervenors, in that order. All testimony shall be under oath.

A. Unless the parties agree otherwise, the petitioner shall present evidence first, using exhibits and witnesses who may be cross-examined by the Office and the intervenors. Re-direct questioning related to issues raised during cross-examination only may be done by the petitioner, followed by re-cross-examination by the Office and intervenors.

B. Witnesses may be called who can present factual information related directly to the appeal. All witnesses shall be sworn. Testimony of any witness may be pre-filed in written form. If used, pre-filed testimony must be made available to the Office, the Hearing Officer, and all intervenors a minimum of five (5) business days prior to the hearing. Every such witness must be present at the hearing and shall be subject to cross-examination.

C. EXHIBITS: Exhibits relating to any issue of fact in the proceeding may be presented. Documentary evidence may be incorporated into the record by reference when the materials so incorporated are made available for examination by the parties before being received in evidence.

(1) COPIES: A petitioner must furnish copies of all documentary evidence to the Hearing Officer, Office, and all intervenors, in all cases, no less than five (5) business days prior to the hearing. Any costs associated with this subparagraph are the responsibility of the petitioner and shall not be recovered by any judgment of the Director.

5. OFFICE/INTERVENOR EVIDENCE: The Office and all intervenors shall have the opportunity to submit evidence relevant to the appeal through witnesses and exhibits. The procedures for presenting this evidence are the same as those for the petitioner.

A. The order of examination and cross-examination when the Office presents evidence is as follows: the Office, all intervenors, and the petitioner.

B. The order of the examination and cross-examination when an intervenor presents evidence shall be as follows: remaining intervenors (if any), the Office, and the petitioner.

6. RECORD: A recording of the appeal hearing shall be made by audio tape or other media. All evidence received or considered shall be part of the record. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The Hearing Officer may exclude irrelevant or unduly repetitious evidence. No sworn written evidence shall be admitted unless the author is available for cross-examination or subject to subpoena, except for good cause shown.

Section 4. APPEAL DECISIONS AND ACTIONS

1. DECISION: The Hearing Officer shall make the final decision after consideration of the evidence in the record. The Hearing Officer shall look for clear and convincing evidence that one or more of the standards set forth in Section 3, Subsection 2, of these rules has been proven by the petitioner. The actions of the Hearing Officer are limited to one of the following:

Validate all grant award decisions under appeal;

Invalidate all grant award decisions under appeal; or

Place a hold on a subset of the contract award decisions and require the Office to reconsider the contract award decisions in accordance with the Hearing Officer’s decision and the appeal criteria listed in Section 3, Subsection 2. The subset of awards placed on hold shall be the minimum necessary to remedy any potential errors in the decision-making process.

The Hearing Officer must issue a written decision and the reasons that support the decision to the Director within fifteen (15) calendar days following the final day of the hearing of appeal.

2. NOTIFICATION OF FINAL AGENCY ACTION: The Director shall notify the petitioner and all intervenors of this decision within ten (10) calendar days of receipt from the Hearing Officer. Such notification shall include the decision, an explanation of the reasons for the decision, and an explanation of the petitioner’s right to judicial review of final agency action. This notification is considered final agency action.

History

• STATUTORY AUTHORITY: 5 M.R.S. §§ 3204-3205(1), (5)
• APAO ACCESSIBILITY CHECK (Word): May 28, 2026
• EFFECTIVE DATE (NEW): June 2, 2026 – filing 2026-125

08-001 Housing Opportunity Program

Chapter 1 Housing Opportunity Program: Municipal Land Use and Zoning Ordinance Rule (formerly 19-100 C.M.R. Ch. 5)

Code Me. R. 08-001 Ch. 1 Housing Opportunity Program: Municipal Land Use and Zoning Ordinance Rule {#sec-08-001-ch.-1 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-001 Ch. 1}

Summary: This chapter sets forth the provisions which require municipalities to create or amend local ordinances to allow for (1) additional density for affordable housing developments in certain areas; (2) multiple dwelling units on lots designated for residential uses; (3) one accessory dwelling unit located on the same lot as a single-family dwelling unit or multi-unit residential structure in any area where residential uses are permitted; (4) residential uses in commercial zones; and (5) one off-street motor vehicle parking space per dwelling unit for a residential development in designated growth areas.

NOTE: This chapter incorporates by reference certain material. The Appendix lists the material that is incorporated by reference, the date for each reference, and the organization where copies of the material are available.

SECTION 1. PURPOSE AND DEFINITIONS

PURPOSE

This chapter sets forth the provisions which require municipalities to create or amend local ordinances to allow for (1) additional density for affordable housing developments in certain areas; (2) multiple dwelling units on lots designated for residential uses; (3) one accessory dwelling unit located on the same lot as a single-family dwelling unit or multi-unit residential structure in any area where residential uses are permitted; (4) residential uses in commercial zones; and (5) one off-street motor vehicle parking space per dwelling unit for a residential development in designated growth areas.

Municipalities need not adopt this rule language or the statutory language in 30-A M.R.S. §§ 4364, 4364-A, 4364-B, 4364-E, and 4364-F word for word. The Office encourages municipalities to consider local planning documents and other special local considerations, and to modify language into one that meets the needs of a particular community and the minimum requirements of legislation. Municipalities may wish to adopt ordinances that are more permissive, provided that such ordinances are equally or more effective in achieving the goal of increasing housing opportunities. If a municipality does not adopt ordinances to comply with 30-A M.R.S. §§ 4364, 4364-A, 4364-B, 4364-E and 4364-F this legislation will preempt municipal home rule authority.

These rules do not:

Abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this rule, as long as the agreement does not abrogate rights pursuant to the United States Constitution or the Constitution of Maine;

Exempt a subdivider from the requirements in Title 30-A Chapter 187 subchapter 4;

Exempt an affordable housing development, a dwelling unit, a mixed-use development, or an accessory dwelling unit from the shoreland zoning requirements established by the Department of Environmental Protection pursuant to Title 38 Chapter 3 and municipal shoreland zoning ordinances;

Abrogate or annul minimum lot size requirements under Title 12 Chapter 423-A; or

Apply to a lot or portion of a lot that is within the watershed of a water source located in Lewiston or Auburn and that is used to provide drinking water by a water utility that has received a waiver from filtration pursuant to 40 C.F.R. §§ 141.70 to 141.76, as determined by the Maine Department of Health and Human Services.

DEFINITIONS

All terms used but not defined in this chapter shall have the meanings ascribed to those terms in Chapter 187 of Title 30-A of the Maine Revised Statutes , as amended. Municipalities need not adopt the terms and definitions outlined below word for word. The Office encourages municipalities to consider local planning documents and other special local considerations, and to modify language into one that meets the needs of a particular community. Municipalities may wish to adopt terms and definitions that are more permissive, provided that such terms and definitions are equally or more effective in achieving the goal of increasing housing opportunities.

Accessory dwelling unit. "Accessory dwelling unit" means a self-contained dwelling unit located within, attached to or detached from a single-family dwelling unit or multi-unit residential structure located on the same parcel of land.

Affordable housing development. “Affordable housing development” means

For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs; and

For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937 , Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs.

For purposes of this definition, “housing costs” include, but are not limited to:

For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and

For an ownership unit, the cost of mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowner’s insurance, condominium fees, and homeowners’ association fees.

Area median income. “Area median income” means the midpoint of a region’s income distribution calculated on an annual basis by the U.S. Department of Housing & Urban Development.

Attached. “Attached” means connected by a shared wall to the principal structure or having physically connected finished spaces.

Base density. “Base density” means the maximum number of units allowed on a lot not used for affordable housing based on dimensional requirements in a local land use or zoning ordinance. This does not include local density bonuses, transferable development rights, or other similar means that could increase the density of lots not used for affordable housing.

Centrally managed water system. “Centrally managed water system” means a water system that provides water for human consumption through pipes or other constructed conveyances to at least fifteen (15) service connections or serves an average of at least twenty-five (25) people for at least sixty (60) days a year as regulated by 10-144 C.M.R. Ch. 231, Rules Relating to Drinking Water . This water system may be privately owned.

Commercial use. “Commercial use” means the use of lands, buildings or structures the intent or result of which is the production of income from the buying or selling of goods or services. Commercial use does not include a home-based business, the rental of a single dwelling unit on a single lot or incidental sales of goods or services as may be allowed by permit or standard.

Comparable sewer system. “Comparable sewer system” means any subsurface wastewater disposal system that discharges over 2,000 gallons of wastewater per day as regulated by 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules .

Comprehensive plan. "Comprehensive plan" means a document or interrelated documents consistent with 30-A M.R.S. § 4326(1)-(4), including the strategies for an implementation program which are consistent with the goals and guidelines established pursuant to Title 30-A Chapter 187 Subchapter II.

Conditional use. “Conditional use” means a use permitted on a lot in a zoning district by a municipal legislative body, subject to certain conditions not generally applicable to other lots located in that zoning district.

Density requirements. “Density requirements” mean the maximum number of dwelling units allowed on a lot, subject to dimensional requirements.

Designated growth area. “Designated growth area” means an area that is designated in a municipality's or multi-municipal region's comprehensive plan as suitable for orderly residential, commercial, or industrial development, or any combination of those types of development, and into which most development projected over ten (10) years is directed.

Dimensional requirements. “Dimensional requirements” mean requirements which govern the size and placement of structures including building height, lot area, minimum frontage, lot depth, and setbacks. A municipality may modify the definition of dimensional requirements to meet local needs and considerations.

Duplex. “Duplex” means a structure containing two (2) dwelling units.

Dwelling unit. “Dwelling unit” means a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for one family or one or more persons, and contains cooking, sleeping, and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time-period rented. Recreational vehicles are not residential dwelling units.

Land use ordinance. "Land use ordinance" means an ordinance or regulation of general application adopted by the municipal legislative body which controls, directs, or delineates allowable uses of land and the standards for those uses.

Lot. “Lot” means a single parcel of developed or undeveloped land.

Multifamily dwelling. “Multifamily dwelling” means a structure containing three (3) or more dwelling units.

Multi-unit residential structure. “Multi-unit residential structure” means a structure containing two (2) or more dwelling units.

Municipality. “Municipality” means a city or a town, excluding all unorganized and deorganized townships, plantations, and towns that have delegated administration of land use controls to the Maine Land Use Planning Commission pursuant to 12 M.R.S. § 682(1).

Municipal fire official. “Municipal fire official” means a municipal fire chief as described in 30-A M.R.S. § 3153.

Parking agreement. “Parking agreement” means a legally binding agreement between a property developer and the owner of an off-site parking facility to provide required parking spaces within 0.25 miles of a residential development site. The distance between a residential development and an off-site parking facility is measured in a straight, direct line from the nearest edge of the parcel containing the residential development to any point on the parcel(s) that make up the parking facility.

Potable. “Potable” means safe for drinking as defined by the U.S. Environmental Protection Agency’s (EPA) Drinking Water Standards and Health Advisories Table and Maine’s interim drinking water standards for six different perfluoroalkyl and polyfluoroalkyl substances (PFAS), Resolve 2021 Chapter 82, Resolve, To Protect Consumers of Public Drinking Water by Establishing Maximum Contaminant Level for Certain Substances and Contaminants .

Principal structure. "Principal structure" means a structure in which the main or primary use of the structure is conducted.

Quadplex. “Quadplex” means a structure containing 4 (four) dwelling units.

Residential use. “Residential use” means a use permitted in an area by a municipal legislative body to be used for human habitation. Residential uses may include single-family, duplex, triplex, quadplex, and other multifamily housing; condominiums; time-share units; and apartments. For purposes of this rule, the following uses are not included under this definition, unless otherwise allowed in local ordinance: (1) Dormitories; (2) Congregate living facilities; (3) Campgrounds, campsites, hotels, motels, beds and breakfasts, or other types of lodging accommodations; and (4) Transient housing or short-term rentals.

Restrictive covenant. “Restrictive covenant” means a provision in a deed, or other covenant conveying real property, restricting the use of the land.

Setback requirements. “Setback requirements” mean the minimum horizontal distance from a lot line, shoreline, or road to the nearest part of a structure, or other regulated object or area as defined in local ordinance.

Single-family dwelling unit. “Single-family dwelling unit” means a structure containing one (1) dwelling unit.

Story. “Story” means the portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Structure. “Structure” means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons as defined in 38 M.R.S. § 436-A(12).

Triplex. “Triplex” means a structure containing three (3) dwelling units.

Zoning ordinance. "Zoning ordinance" means a type of land use ordinance that divides a municipality into districts and that prescribes and reasonably applies different regulations in each district.

SECTION 2. AFFORDABLE HOUSING DENSITY

GENERAL

This Section requires municipalities to allow an automatic density bonus for certain affordable housing developments. This section only applies to lots in zoning districts that have adopted density requirements.

Municipalities must comply with the requirements of this Section by July 1, 2026, for municipalities for which ordinances may be enacted by the municipal officers without further action or approval by the voters of the municipality and July 1, 2027, for all other municipalities. Further action or approval by the voters of the municipality means municipalities that have a town meeting form of government.

ELIGIBILITY FOR DENSITY BONUS

For purposes of this section, a municipality shall verify that the development:

Is an affordable housing development as defined in this chapter, which includes the requirement that 51% or more of the total units on the lot are affordable;

Is in a designated growth area as identified in a municipality’s comprehensive plan or served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. A development is served by water and sewer when it abuts or is accessible to a sewer or drain and water system;

Is located in an area in which multifamily dwellings are allowed per municipal ordinance;

Complies with minimum lot size requirements in accordance with Title 12 Chapter 423-A; and

Owner provides written verification that each unit of the housing development is proposed to be connected to adequate water and wastewater services prior to certification of the development for occupancy or similar type of approval process.

i. If a housing unit is connected to a public, special district or other comparable sewer system, written verification includes proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system.

ii. If a housing unit is connected to a septic system, written verification includes proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. § 4221. If the local plumbing inspector determines that a septic system is adequate, a municipality may not require additional review or documentation related to the adequacy of wastewater disposal prior to certifying for occupancy or similar type of approval process. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules .

iii. If a housing unit is connected to a public, special district or other centrally managed water system, written verification includes proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit.

iv. If a housing unit is connected to a well, written verification includes proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(J), Land Use Districts and Standards . Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

Long-Term Affordability

Prior to granting final approval of an affordable housing development, including but not limited to issuing an occupancy permit, a municipality must require that the owner of the affordable housing development (1) execute a restrictive covenant that is enforceable by a party acceptable to the municipality; and (2) record the restrictive covenant in the appropriate registry of deeds to ensure that for at least thirty (30) years after completion of construction:

For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and

For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.

DENSITY BONUS

If the requirements in Section 2(B)(1) and (2) are met, a municipality must:

Allow an affordable housing development to have a dwelling unit density of at least 2.5 times the base density that is otherwise allowed in that location;

Allow an affordable housing development to exceed any municipal height restrictions by one story or 14 feet, subject to building permit review and review by municipal fire official or designee regarding the ability to serve with a fire apparatus; and

Require no more than two (2) off-street parking motor vehicle spaces for every three (3) dwelling units of an affordable housing development.

If fractional results occur when calculating the density bonus in this subsection, the number of units is rounded down to the nearest whole number. Local regulation that chooses to round up shall be considered consistent with and not more restrictive than this law. The number of motor vehicle parking spaces may be rounded up or down to the nearest whole number.

SECTION 3. DWELLING UNIT ALLOWANCE

GENERAL

This Section requires municipalities to allow multiple dwelling units on lots where residential uses are allowed, including as a conditional use, subject to the requirements below. The requirements listed in Section 3 apply to municipalities with and without zoning. Private, state or local standards such as homeowners’ association regulations, deed restrictions, setback requirements, septic requirements, additional parking requirements, rate of growth ordinances permitted by 30-A M.R.S. § 4360, shoreland zoning and subdivision law, may also apply to lots.

Municipalities must comply with the requirements of this Section by July 1, 2026, for municipalities for which ordinances may be enacted by the municipal officers without further action or approval by the voters of the municipality and July 1, 2027, for all other municipalities. Further action or approval by the voters of the municipality means municipalities that have a town meeting form of government.

REQUIREMENTS

Use Allowed. A municipality must allow, at a minimum, the following, subject to the requirements of this Section and Section 4:

• 1. A total of three (3) dwelling units, attached or detached, on lots where residential uses are permitted, including as a conditional use; 2. A total of four (4) dwelling units, attached or detached, if a lot is located in a designated growth area or served by both public, special district, or other centrally managed water system and a public, special district or other comparable sewer system. A lot is served by water and sewer when the lot abuts or is accessible to a sewer or drain and water system, whether or not the lot is improved; and 3. One of the units described in Section 3(B)(1)(a) and (b) to be an accessory dwelling unit (if applicable).

If applicable, the municipality must apply these requirements to a mixed-use development, subject to the requirements listed in Section 6.

A municipality may allow more dwelling units or accessory dwelling units than the minimum number of units required.

Lot Size and Density Allowances for Residential Lots

• 1. If a lot is located in a designated growth area and is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system: 1. Four dwelling units must be an allowed use, attached or detached, inclusive of an accessory dwelling unit. 2. A municipality may not require a lot size of more than 5,000 square feet. 3. A municipal ordinance shall not require more than 1,250 square feet of lot area per dwelling unit for the first four (4) units. 4. If a municipality chooses to allow more than four (4) units on a lot as described in Section 3(B)(1)(b), a municipality must establish a lot area per dwelling unit requirement of 5,000 square feet of lot area or less for any additional units beyond the first four (4) units. 2. If a lot is located outside of a designated growth area and is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system: 1. Four dwelling units shall be an allowed use, attached or detached, inclusive of an accessory dwelling unit. 2. A municipality’s minimum lot size in that zone or area may not exceed 5,000 square feet. 3. A municipality’s density requirement for that zone or area may not exceed 5,000 square feet of lot area for the first two (2) dwelling units contained within a single structure. 3. If a lot is located in a designated growth area and is not served by a public, special district or other comparable sewer system: 1. Four dwelling units shall be an allowed use, attached or detached, inclusive of an accessory dwelling unit. 2. A municipality’s minimum lot size requirement may not exceed 20,000 square feet for a single-family dwelling unit as required by Title 12 Chapter 423‑A and the density requirements may not be more restrictive than those required by Title 12 Chapter 423‑A. 4. If a lot is located outside of a designated growth area and is not served by a public, special district or other comparable sewer system, 1. Three dwelling units shall be an allowed use, attached or detached, inclusive of an accessory dwelling unit. 2. A municipality’s minimum lot size requirement and density requirements for that area or zone must comply with the requirements in Title 12 Chapter 423‑A. A municipality may establish minimum lot size and density requirements for these zones or areas that are more restrictive than the requirements in Title 12 Chapter 423-A. 5. If four (4) or fewer dwelling units have been constructed on a lot as a result of the allowances in Section 3 or Section 4, the lot is not eligible for any additional increases in density, unless a municipality is more permissive in local ordinance.

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NOTE: Below are examples of how the lot size and density requirements in Section 3(B)(4) could apply to a lot.

A lot owner with a 5,000 square foot lot in a designated growth area with public water and public sewer may construct the following unit types: a quadplex; a triplex; a triplex and an accessory dwelling unit; a duplex, a duplex and an accessory dwelling unit; a single-family dwelling unit; or a single-family dwelling unit and an accessory dwelling unit. Additional units may be built if the municipality, where the lot is located, establishes a minimum lot size smaller than 5,000 square feet and permits more than four units on one lot. Private, state or local standards such as homeowners’ association regulations, deed restrictions, setback requirements, shoreland zoning and subdivision law, may also apply to this lot.

A lot owner with a 10,000 square foot lot in a designated growth area with public water and public sewer may construct the following unit types: a quadplex; a triplex; a triplex and an accessory dwelling unit; a duplex, a duplex and an accessory dwelling unit; a single-family dwelling unit; or a single-family dwelling unit and an accessory dwelling unit. A fifth unit may be built if the municipality where the lot is located permits more than four units on a single lot. Private, state or local standards such as homeowners’ association regulations, deed restrictions, setback requirements, shoreland zoning and subdivision law, may also apply to this lot.

A lot owner with a 2,500 square foot lot in a designated growth area with public water and public sewer may not construct any type of dwelling unit, unless the municipality where the lot is located establishes a minimum lot size of less than 5,000 square feet.

A lot owner with a 5,000 square foot lot with public water and public sewer (but outside a designated growth area) may construct the following unit types: a duplex; a duplex and an accessory dwelling unit; a single-family dwelling unit; or a single-family dwelling unit and an accessory dwelling unit. Private, state or local standards such as homeowners’ association regulations, deed restrictions, setback requirements, additional parking requirements, rate of growth ordinances permitted by 30-A M.R.S § 4360, shoreland zoning and subdivision law, may also apply to this lot.

A lot owner with a 10,000 square foot lot with public water and public sewer (but outside a designated growth area) may construct the following unit types: a triplex; a triplex and an accessory dwelling unit; a duplex; a duplex and an accessory dwelling unit; a single-family dwelling unit; or a single-family dwelling unit and an accessory dwelling unit. Private, state or local standards such as homeowners’ association regulations, deed restrictions, setback requirements, additional parking requirements, rate of growth ordinances permitted by 30-A M.R.S. § 4360, shoreland zoning and subdivision law, may also apply to the lot.

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Dimensional Requirements

A municipal ordinance may not establish dimensional requirements for multiple residential units on a lot that are greater than those required for single-family dwelling units.

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NOTE: For example, if a municipality requires 50 feet of road frontage for the construction of a single-family dwelling unit on a lot, a municipality may not require an additional 50 feet (100 feet in total) of road frontage for the construction of two residential units, attached or detached.

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Water and Wastewater

The municipality must require an owner of a proposed housing structure to provide written verification that each proposed structure is to be connected to adequate water and wastewater services prior to certification of the development for occupancy or similar type of approval process.

i. If a housing structure is connected to a public, special district or other comparable sewer system, written verification includes proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system.

ii. If a housing structure is connected to a septic system, written verification includes proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. § 4221. If the local plumbing inspector determines that a septic system is adequate, a municipality may not require additional review or documentation related to the adequacy of wastewater disposal prior to certifying for occupancy or similar type of approval process. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules .

iii. If a housing structure is connected to a public, special district or other centrally managed water system, written verification includes proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit.

iv. If a housing structure is connected to a well, written verification includes proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(J), Land Use Districts and Standards . Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

C. MUNICIPAL IMPLEMENTATION

A municipality may not require planning board approval for four (4) or fewer residential dwelling units within a single structure. The term planning board applies to any appointed or elected board or committee that has been established by charter or ordinance. Planning board approval does not mean code enforcement officer review, site plan review, or other municipal staff review.

A municipality may impose fines for violations of building, site plan, zoning, and utility requirements for dwelling units.

A municipality may establish alternative criteria that are less restrictive than the requirements of Section 3(B)(4) for the approval of a dwelling units only in circumstances in which the municipality would be able to provide a variance pursuant to 30-A M.R.S. § 4353(4)(A), (B), or (C).

NOTE: The planning board restriction in Section 3(C)(1) is for the establishment and use of up to four dwelling units in one structure generally. This does not include, for example, a three- or four-unit building requiring planning board approval for locations within the shoreland zones, a historic district, or wellhead protection district.

SECTION 4. ACCESSORY DWELLING UNITS

GENERAL

1. A municipality must allow at least one (1) accessory dwelling unit to be located on the same lot as a single-family dwelling unit or multi-unit residential structure in any area in which residential uses are permitted, including as a conditional use, subject to the requirements outlined below. The requirements listed in Section 4 apply to municipalities with and without zoning. Private, state or local standards such as homeowners’ association regulations, deed restrictions, setback requirements, septic requirements, shoreland zoning, and subdivision law may also apply to lots.
2. A municipality may not categorically prohibit accessory dwelling units in the shoreland zone that would otherwise meet the shoreland zoning requirements established by the Department of Environmental Protection, Title 28 Chapter 3, and municipal shoreland zoning ordinances.
3. Municipalities must comply with the requirements of this Section by July 1, 2026, for municipalities for which ordinances may be enacted by the municipal officers without further action or approval by the voters of the municipality and July 1, 2027, for all other municipalities. Further action or approval by the voters of the municipality means municipalities that have a town meeting form of government.

REQUIREMENTS

Accessory Dwelling Unit Allowance

An accessory dwelling unit may be constructed only:

a) Within a single-family dwelling unit or multi-unit residential structure on

the lot;

b) Attached to or sharing a wall with a single-family dwelling unit or multi-unit residential structure; or

c) As a new structure on the lot for the primary purpose of creating an accessory dwelling unit.

A municipality may allow an accessory dwelling unit to be constructed or established within an existing accessory structure, except the setback requirements of Section 4(B)(3)(b)(i) shall apply.

Zoning

With respect to accessory dwelling units, municipalities with zoning ordinances and municipalities without zoning must comply with the following conditions:

At least one (1) accessory dwelling unit must be allowed on any lot where a single-family dwelling unit or multi-unit residential structure is the principal structure; and

An accessory dwelling unit must be allowed on a lot that does not conform to the municipal zoning ordinance if the accessory dwelling unit does not further increase the nonconformity, meaning the accessory dwelling unit does not cause further deviation from the dimensional standard(s) creating the nonconformity, excluding lot area.

General Requirements

With respect to accessory dwelling units, municipalities must comply with the following conditions:

A municipality must exempt one (1) accessory dwelling unit on a lot from any density requirements or lot area requirements related to the area in which the accessory dwelling unit is constructed.

For an accessory dwelling unit located within or attached to a single-family dwelling unit or a multi-unit residential structure, the dimensional requirements, excluding lot area requirements, must be the same as the dimensional requirements of the single-family dwelling unit.

i. For an accessory dwelling unit permitted in an existing accessory building or secondary building or garage as of the implementation date, the required setback requirements in local ordinance of the existing accessory or secondary building apply.

A municipality may establish more permissive dimensional requirements for an accessory dwelling unit.

An accessory dwelling unit may not be subject to any additional motor vehicle parking requirements beyond the parking requirements of the single-family dwelling unit or multi-unit residential structure on the lot where the accessory dwelling unit is located.

An accessory dwelling unit that was not built with municipal approval must be allowed if the accessory dwelling unit otherwise meets the requirements for accessory dwelling units of the municipality and under this Section.

A municipality must allow the construction of an accessory dwelling unit on a lot even if the owner where the accessory dwelling unit is located does not reside in any dwelling unit on that lot.

Size

An accessory dwelling unit must be at least 190 square feet in size, unless the Technical Building Code and Standards Board, pursuant to 10 M.R.S. § 9722, adopts a different minimum standard; if so, that standard applies.

Municipalities may set a maximum size for accessory dwelling units in local ordinances.

Water and Wastewater

A municipality must require an owner of an accessory dwelling unit to provide written verification that the proposed accessory dwelling unit is to be connected to adequate water and wastewater services prior to certification of the accessory dwelling unit for occupancy or similar type of approval process.

If an accessory dwelling unit is connected to a public, special district or other comparable sewer system written verification includes proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system.

If an accessory dwelling unit is connected to a septic system, written verification includes proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. § 4221. If the local plumbing inspector determines that a septic system is adequate, a municipality may not require additional review or documentation related to adequacy of wastewater disposal prior to certifying for occupancy or similar type of approval process. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules.

If an accessory dwelling unit is connected to a public, special district or other centrally managed water system, written verification includes proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit.

If an accessory dwelling unit is connected to a well, written verification includes proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(J), Land Use Districts and Standards . Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

MUNICIPAL IMPLEMENTATION

A municipality may not require planning board approval for four (4) or fewer residential dwelling units within a single structure or for accessory dwelling units. The term planning board applies to any appointed or elected board or committee that has been established by charter or ordinance. Planning board approval does not mean code enforcement officer review, site plan review, or other municipal staff review.

A municipality may impose fines for violations of building, zoning and utility requirements for accessory dwelling units; and

A municipality may establish alternative criteria that are less restrictive than the above criteria in Section 4 for the approval of an accessory dwelling unit only in circumstances in which the municipality would be able to provide a variance pursuant to 30-A M.R.S. § 4353(4)(A), (B), or (C).

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NOTE: The planning board restriction in Section 4(C)(1) is for the establishment and use of up to four dwelling units in one structure or accessory dwelling units generally. This does not include, for example, a three- or four-unit building requiring planning board approval for locations within the shoreland zones, a historic district, or wellhead protection district.

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RATE OF GROWTH ORDINANCE

A permit issued by a municipality for an accessory dwelling unit does not count as a permit issued toward a municipality’s rate of growth ordinance pursuant to 30-A M.R.S. § 4360.

SECTION 5. PARKING REQUIREMENTS FOR RESIDENTIAL DEVELOPMENTS

This Section applies to all municipalities, with or without zoning.

A. GENERAL PARKING SPACE REQUIREMENTS IN DESIGNATED GROWTH

AREAS

1. A municipality may not require more than one (1) off-street motor vehicle parking space per dwelling unit for a residential development within a designated growth area of a municipality. Residential developments, for purposes of this Section, may include any structures containing residential uses. This Section does not apply to affordable housing developments as described by Section 2 or accessory dwelling units as described in Section 4.
2. A municipality may establish alternative maximum parking space requirements in designated growth areas, as long as those requirements do not require more than one (1) off-street motor vehicle parking space per dwelling unit.
3. A municipality may require additional motor vehicle parking spaces for residential developments outside of designated growth areas.

B. PARKING DEMAND STRATEGIES IN DESIGNATED GROWTH AREAS

1. A municipality may require parking demand management strategies in designated

growth areas, as long as those strategies do not require more than one (1) off-street

motor vehicle parking space per dwelling unit.

2. Parking demand management strategies may include, but are not limited to, timed

spots or metered parking, shared parking, or shared vehicle access.

C. OFF-SITE PARKING AGREEMENTS WITHIN OR OUTSIDE DESIGNATED GROWTH AREAS FOR RESIDENTIAL DEVELOPMENTS

A municipality must allow a developer to satisfy municipal parking requirements through off-site parking agreements with existing parking facilities located with 0.25 miles of a residential development site located both within and outside of designated growth areas.

A developer engaged in an off-site parking agreement shall provide to the municipality documentation demonstrating the availability of sufficient capacity at the off-site parking facility, as determined by a professional parking study or similar evidence acceptable to the municipality. A municipality may not impose additional barriers to the approval of such parking agreements beyond verifying the adequacy of the parking supply.

SECTION 6. RESIDENTIAL UNITS IN AREAS ZONED FOR COMMERCIAL USE

This Section applies to all municipalities that have zoning. Municipalities must comply with the requirements of this Section by July 1, 2027.

A. GENERAL

1.A municipality shall allow residential units in areas zoned for commercial use. This

includes, but is not limited to, permitting (1) residential units in existing commercial

structures that are vacant or partially vacant retail property, (2) new mixed-use

structures; and (3) new stand-alone residential structures.

2. This Section does not override health or safety requirements applicable to

residential units located in a municipality. Health and safety requirements may

include local land use regulations, Maine Uniform Building and Energy Code

regulations, National Fire Prevention Association State Adopted Standards, and

state water and wastewater rules,

B. MUNICIPAL IMPLEMENTATION

1. A municipality may regulate the following in local ordinance:

Determine that flooding or other natural hazards in the commercial zone makes a building located in an area zoned for commercial use unfit for residential use;

Establish standards that prohibit residential units on the ground floor of a building in an area zoned for commercial use; and

Regulate the siting and design of a residential or mixed-use development established in an area zoned for commercial if the siting and design requirements do not create unreasonable costs or delays. Fees related to municipal administrative costs do not constitute unreasonable costs for purposes of this Section.

Establish requirements that limit the number of residential units in a commercial development.

2. A municipality may not establish requirements in local ordinance in commercial zones that are more stringent than the requirements contained in Sections 2, 3, and 4.

History

• STATUTORY AUTHORITY: PL 2021 Ch. 672, PL 2023 Ch. 192, PL 2023, Ch. 264, PL 2025, Ch. 364, PL 2025, Ch. 374, PL 2025, 385, codified at 30-A M.R.S. §§ 4364, 4364-A, 4364-B, 4364-E, 4364-F.
• EFFECTIVE DATE: April 18, 2023 – filing 2023-056
• EFFECTIVE DATE: AMENDED
• EFFECTIVE DATE: October 1, 2023—filing 2023-181
• APAO ACCESSIBILITY CHECK: January 8, 2026 (no issues detected)
• AMENDED: January 11, 2026 – filing 2026-001
• AMENDED: APPENDIX
• AMENDED: List of Reference Material
• AMENDED: Reference MaterialLocation to Obtain DocumentU.S. Environmental Protection Agency’s (EPA) Drinking Water Standards and Health Advisories Table, March 2018.U.S. Environmental Protection AgencyOffice of WaterDrinking Water Hotline1-800-426-4791 10-144 C.M.R. Ch. 231, Rules Relating to Drinking Water, May 9, 2016Maine Department of Health & Human ServicesMaine Center for Disease Control & Prevention11 State House StationAugusta, Maine 04333207-287-8016Resolve 2021, Ch. 82, Resolve, To Protect Consumers of Public Drinking Water by Establishing Maximum Contaminant Levels for Certain Substances and ContaminantsMaine State LegislatureLegislative Information Office- Document Room100 State House StationAugusta, ME 04333207-287-1408webmaster_house@legislature.maine.gov 01-672 C.M.R. Ch. 10, Land Use Districts and Standards, May 13, 2025Maine Department of Agriculture, Conservation & ForestryBureau of Resource Information and Land Use PlanningLand Use Planning Commission22 State House StationAugusta, Maine 04333207-287-263110-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules, September 23, 2023Maine Department of Health & Human ServicesMaine Center for Disease Control & Prevention11 State House StationAugusta, Maine 04333207-287-8016

08-002 Municipal Planning Assistance Program

Chapter 1 Comprehensive Plan Review Criteria Rule (formerly 07-105 C.M.R. Ch. 208)

Code Me. R. 08-002 Ch. 1 COMPREHENSIVE PLAN REVIEW CRITERIA RULE (formerly 07-105 C.M.R. Ch. 208) {#sec-08-002-ch.-1 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-002 Ch. 1}

SUMMARY: This chapter establishes the criteria the State Planning Office uses to review community comprehensive plans for consistency with the goals and guidelines of the Growth Management Act (30-A M.R.S.A. §§ 4312 - 4350). The Office uses this Chapter to review and comment on proposed comprehensive plans under §4347-A(1) of the Act, and to review the plan component of local growth management programs for which certification has been requested under §4347-A(2).

SECTION 1. GENERAL PROVISIONS AND PROCEDURES

1. Purpose

The primary purpose of this Chapter is to establish the process and criteria the State Planning Office uses to review community comprehensive plans for consistency with the goals and guidelines of the Growth Management Act (30-A M.R.S.A. §§ 4312 - 4350). If a community requests certification of its growth management program under 30-A M.R.S.A. §4347-A(2), the Office also uses this Chapter to review the comprehensive plan component of that program. This Chapter sets forth a two-part process for the Office's consistency review: 1) a completeness determination for all required elements of a comprehensive plan; and 2) a more in-depth review of the Future Land Use Plan.

The criteria of this Chapter are based on the Act's goals, substantive guidelines, and procedures. They are not intended to prohibit or discourage a community from developing a plan, ordinance, or program that is more specific or detailed, or that covers more subject areas than called for by required elements.

2. Definitions

The following acronyms are used in this and other sections of the Rule:

MDEP = Maine Department of Environmental Protection

MIFW= Maine Department of Inland Fisheries and Wildlife

MDMR= Maine Department of Marine Resources

MDOC= Maine Department of Conservation

MNAP= Maine Natural Areas Program MDOC

BwH= Beginning with Habitat Program (MIFW)

SPO= Maine State Planning Office

M.R.S.A.= Maine Revised Statutes Annotated

LURC= Land Use Regulation Commission

The following terms, as used in the Act and this Chapter, have the following meanings unless the context indicates otherwise:

A. Act: "Act" means the Growth Management Act (30-A M.R.S.A. §§ 4312-4350.).

B. Adopted regional plan: “Adopted regional plan” means a land use planning document that was drafted no longer than 10 years prior to the applicable comprehensive plan submission and endorsed by the Executive Board of the applicable regional planning organization or adopted by at least 51% of the communities covered by the regional plan.

C. Amendment: "Amendment" means a change to a comprehensive plan that is adopted subsequent to an Office finding that the plan is consistent with the Growth Management Act .

D. Applicable regional council: "Applicable regional council" means the council of governments, established under 30-A M.R.S.A. §§ 2311-2316, or regional planning commission, established under 30-A M.R.S.A. §§ 2321-2326, that is the authorized review agency for the regional planning and development district or subdistrict, designated under 30-A M.R.S.A. §§ 2341-2342, within which the community submitting a comprehensive plan or zoning ordinance is located.

E. Arterial: “Arterial” means a highway providing long-distance connections as approved by the Federal Highway Administration pursuant to 23 Code of Federal Regulation, Section 470.105(b)(1999) and as so designated by MaineDOT pursuant to the Maine Highway Driveway and Entrance regulations, 17-229 CMR 299.

F. Business day: “Business Day” means any day that the Office is open for business.

G. Capital Investment: “Capital Investment” means expending municipal funds of $20,000 or more to purchase assets of land, machinery, equipment, or buildings.

H. Capital Investment Plan: “Capital Investment Plan” (CInP) means a summary list of municipal capital investments anticipated during the planning period in order to implement the strategies in the comprehensive plan.

I. Commercial development: “Commercial development” means for-profit business operations that provide goods, services, or commodities. For the purposes of this Chapter, home occupations are not considered commercial development.

J. Community: “Community” means any municipality or multi-municipal region.

K. Comprehensive plan: "Comprehensive plan" or “plan” means a document or interrelated documents developed by a community in accordance with the procedural provisions of 30-A M.R.S.A. §4324, the substantive requirements of 30-A M.R.S.A. §4326, and contain the required elements identified in section 2 of this chapter.

L. Comprehensive Planning Data Set: “Comprehensive Planning Data Set” means data provided upon request by the Office or it’s designee for the preparation of a comprehensive plan. Though additional data may be provided, only the minimum data components needed to meet the minimum requirements of this Chapter are considered the “Comprehensive Planning Data Set”.

M. Critical natural resource: “Critical natural resources” means the following natural resources which under federal and/or state law warrant protection from the negative impacts of development:

(1) Resource Protection District areas as set forth in MDEP Guidelines for Municipal Shoreland Zoning Ordinances (Chapter 1000 § 13.A) pursuant to the Mandatory Shoreland Zoning Act (38 M.R.S.A. §438-A, subsection 1);

(2) Wetlands of special significance as defined in MDEP Wetlands and Waterbodies Protection Rules (Chapter 310 § 4);

(3) Significant wildlife habitat as defined in the Natural Resources Protection Act (38 M.R.S.A. §480-B(10)

(4) Threatened, endangered and special concern animal species habitat as identified and mapped by MIFW pursuant to the Maine Endangered Species Act (12 M.R.S.A., Chapter 925);

(5) Significant freshwater fisheries spawning habitat as identified and mapped by MIFW or MDMR;

(6) Natural communities that are critically imperiled (S1), imperiled (S2) or rare (S3) as defined and mapped by MNAP;

(7) Areas containing plant species declared to be threatened or endangered by the MDOC.

(8) Coastal sand dune systems as defined in the Natural Resources Protection Act (38 M.R.S.A. §480-B(1));

(9) Fragile mountain areas as defined in the Natural Resources Protection Act (38 M.R.S.A. §480-B(3)); or

(10) National Natural Landmarks designated by the National Park Service pursuant to its National Natural Landmark Program (36 Code of Federal Regulation, Section 62).

N. Critical rural area: "Critical rural area" means a rural area that is specifically identified and designated by a community's comprehensive plan as deserving maximum protection from development to preserve natural resources and related economic activities that may include, but are not limited to, significant farmland, forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public water supplies; scarce or especially vulnerable natural resources; and open lands functionally necessary to support a vibrant rural economy.

O. Critical waterfront area: "Critical waterfront area" means a shorefront area characterized by functionally water-dependent uses, as defined in M.R.S.A. 38 §436-A(6), and specifically identified and designated by a community's comprehensive plan as deserving maximum protection from incompatible development.

P. Floor area: “Floor area” means the total area covered by all floors in a building, typically measured in square feet or acres.

Q. Growth area: "Growth area" means an area that is designated in a community's comprehensive plan as suitable for orderly residential, commercial, or industrial development, or any combinations of those types of development and related infrastructure, and into which most development projected over 10 years is directed.

R. Growth management program: ''Growth management program" means a set of interrelated documents that comprise a comprehensive plan and implementation program, including zoning ordinances, as described in 30-A M.R.S.A. §4326.

S. Habitat connections: “Habitat connections” means those areas that link large habitat blocks based on a prioritized habitat analysis prepared by Beginning with Habitat.

T. Important Natural Resources: “Important Natural Resources” means those areas in the community important for strategic conservation planning purposes, and not classified as Critical Natural Resources, comprised of one or more of the following:

(1) Large habitat blocks as identified by the BwH;

(2) Habitat connections as identified by the BwH;

(3) Focus Areas of Statewide Ecological Significance as identified in Maine’s Wildlife Action Plan, prepared by the MIFW;

(4) Exemplary Natural Community locations as defined by the MNAP.

U. Industrial development: “Industrial development” means business operations that manufacture, process, or store goods or commodities. For the purposes of this Chapter, home occupations are not considered industrial development.

V. Institutional development: “Institutional development” means establishments such as governmental facilities, colleges, vocational schools, hospitals, or health care facilities.

W. Large habitat blocks: “Large habitat blocks” means contiguous, undeveloped areas of 500 acres or more as identified and mapped by BwH.

X. Low impact development: “Low impact development” means a process of developing land that combines site design strategies and best management practices to limit the volume and flows of runoff from a developed site and treat and infiltrate precipitation on the site in a way that mimics its natural hydrology.

Y. Managed forest lands: “managed forest lands” means lands managed for any of the following purposes: timber stand improvement, timber or other forest products harvesting, regeneration of forest stands, habitat management, aesthetics, recreation, or water quality protection.

Z. Marine transportation facilities: “Marine transportation facilities” means public and private facilities used for cargo and/or passenger transport that rely on water access, including infrastructure and support facilities such as buildings, piers, docks, parking, and storage.

AA. Minimal commercial/institutional development: “Minimal commercial development” means that there has been less than a ten (10) percent increase in the floor area devoted to commercial and institutional development in the community over the previous ten (10) years.

BB. Minimal industrial development: “Minimal industrial development” means that there has been less than a ten (10) percent increase in the floor area devoted to industrial development in the community over previous ten (10) years.

CC. Minimal residential development: “Minimal residential development” means that residential development in the community is characterized by:

(1) Less than five (5) percent population growth over the previous ten (10) years; and

(2) Less than fifty (50) units of residential housing, including apartment, condominium, and seasonal units, constructed over previous ten (10) years.

DD. Mobility corridor: “Mobility corridor” means an arterial that is a designated “mobility corridor” pursuant to the Maine Highway Driveway and Entrance regulations, 17-229 CMR 299.

EE. Multi-function wetlands: “Multi-function wetlands” means those wetlands found to provide three of more wetland functions as depicted on the Wetlands Characterization Maps developed by the Office.

FF. Municipal growth-related capital investment: “Municipal growth-related capital investment” means investment by the municipality in the following projects, even if privately-owned, using municipal, county, state, federal, or other public funds, in the form of a purchase, lease, grant, loan, loan guarantee, credit, tax credit, or other financial assistance:

(1) Construction of new transportation infrastructure or capacity;

(2) Construction or acquisition of newly constructed multifamily rental or affordable housing;

(3) Development of industrial or business parks;

(4) Construction or extension of sewer, water, or other utility lines;

(5) Construction of public, quasi-public, or private service infrastructure, facilities, and community buildings; or

(6) Construction or expansion of municipal office buildings, municipal educational facilities, and other quasi-public facilities and other civic buildings that serve public clients and customers.

Municipal growth-related capital investment does not include investment in the following: mobile equipment, the operation or maintenance of a municipal facility or program; maintenance of existing transportation infrastructure without significantly expanding capacity; or municipal revenue sharing.

GG. Municipal officers. "Municipal officers" means the selectmen or councilors of a town, or the mayor and aldermen or councilors of a city.

HH. Non-point sources of pollution. “Nonpoint sources of pollution” means facilities, activities, or any circumstance that cause rainfall, snowmelt, or irrigation water, running over land or through the ground, to pick up pollutants and to deposit them into rivers, lakes, coastal waters, or ground water.

II. Office: "Office" means the State Planning Office.

JJ. Planning committee: "Planning committee" means the committee established by the municipal officers of a municipality, or combination of municipalities, in accord with 30-A M.R.S.A. §4324(2), which has general responsibility for the comprehensive plan.

KK. Planning period: “Planning period” means a minimum of ten (10) years.

LL. Regional council: "Regional council" means the council of governments, established under 30-A M.R.S.A. §§ 2311-2316, or regional planning commission, established under 30-A M.R.S.A. §§ 2321-2326, that is the authorized review agency for the regional planning and development district or subdistrict, designated under 30-A M.R.S.A. §§ 2341-2342.

MM. Rural area. "Rural area" means a geographic area that is identified and designated in a community's comprehensive plan as an area that is deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, wildlife habitat, fisheries habitat, and scenic lands, and away from which most development projected over 10 years is diverted.

NN. Shoreland zone: “Shoreland zone” means the same as “Shoreland Area” in the Mandatory Shoreland Zoning Act (38 M.R.S.A. §§ 435 - 449 .).

OO. Significant freshwater fisheries habitat: “Significant freshwater fisheries habitat” means any freshwater river, stream, brook, lake, or pond that is identified as:

(1) a brook trout habitat as depicted on maps developed by the Maine Department of Inland Fisheries and Wildlife; or

(2) rare, native fish habitat as depicted on maps developed by the MIFW; or

(3) diadromous fisheries habitat as depicted on maps developed by the Maine Department of Marine Resources.

PP. State Transportation System: “State transportation system” means:

(1) Maine Department of Transportation and Maine Turnpike Authority administered or supervised state or state aid highways along with associated sidewalks, paths, trails, and/or bridges;

(2) Maine Department of Transportation administered or supervised marine highways, airports, and rail lines along with associated sidewalks, paths, trails, and/or bridges; and

(3) Any associated facilities essential to the safe and efficient operation of those state transportation systems, including but not limited to highway maintenance facilities, transit/rail stations, toll plazas, ferry terminals, cargo ports, intermodal transportation centers, weigh stations, rest areas, visitor information centers, service plazas, and park-and-ride lots, as well as parking lots and other infrastructure serving those facilities.

QQ. Stream: “Stream” means the same as “Stream” in the Mandatory Shoreland Zoning Act (38 M.R.S.A. §436-A (12))

RR. Strip development: “Strip development” means a pattern of development, usually commercial in nature, in which individual establishments have direct access to a single arterial or main thoroughfare. Strip developments are generally not in downtown areas and often lack pedestrian facilities, but are characterized by automobile-focused access with multiple curb cuts in relatively short distances.

SS. Transit services: “Transit services” means public or private operations that provide transportation to the public, such as rail and bus operations.

TT. Transitional area: "Transitional area" means an area that is designated in a community’s comprehensive plan as suitable for a share of projected residential, commercial, or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area.

UU. Wetlands: "Wetlands" means any coastal wetlands or freshwater wetlands as defined below:

(1) Coastal wetlands means all tidal and subtidal lands; all lands with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.

(2) Freshwater wetlands include freshwater swamps, marshes, bogs, and similar areas (other than areas considered part of a great pond, coastal wetland, river, stream, or brook) that are inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the above defining criteria.

VV. Zoning ordinance: "Zoning ordinance" means a municipal land use ordinance that:

(1) Divides a community into zoning districts and prescribes the reasonable application of different regulations in each district to encourage orderly growth and development and implement a community's designation of growth and rural areas in its comprehensive plan; and

(2) Has been developed by the community in accordance with the procedural provisions and the substantive requirements of 30-A M.R.S.A. §§ 4324, 4326, and 4352.

3. Transition Clause

A. Communities that have submitted plans or amendments to plans to the Office for review prior to July 1, 2011 but have not yet received a Finding of Consistency have two options:

(1) Resubmit the plan for review under the provisions set forth in this Chapter. Resubmission resets the comment and findings deadlines set forth in 30-A M.R.S.A. §4347-A(3-A); or

(2) Continue to be reviewed under the review standards of the earlier version of Chapter 208 ( as originally adopted September 20, 2007) until found consistent, provided consistency is determined within 24 months after the initial finding letter is issued pursuant to 30-A M.R.S.A. §4347-A(3-A).

B. Plans or amendments to plans submitted to the Office for review after July 1, 2011 must comply with the requirements of this Chapter, except that if a community submits a plan or amendments to a plan developed by a planning committee that was formed and held its first meeting prior to the effective date of this Chapter, the community has the option of having the Office review the plan or amendments under the review standards of the earlier version of Chapter 208 (as originally adopted September 20, 2007) or this amended Chapter, provided that the plan is submitted for review prior to December 30, 2011.

4. Submission Requirements

Plans submitted to the Office for review under this Chapter must be submitted in a manner and on forms prescribed by the Office. The submission must include all of the applicable required elements in Section 2.

5. Review Process

A. Comment Solicitation

Pursuant to 30-A M.R.S.A. §4347-A(3-A), upon receipt of a comprehensive plan for review, the Office shall request written comments from applicable regional councils, state agencies, all municipalities contiguous to the community submitting a comprehensive plan, and any interested residents of the community or of contiguous municipalities. Comments must be received within twenty-five (25) business days of the Office receiving the plan submittal. The Office shall consolidate all written comments from all sources and forward them to the community and any applicable regional council.

(1) State Agency Comments

State agencies may comment on a submitted comprehensive plan. If they do so, comments must:

a. Identify the comprehensive plan being commented on.

b. Identify the state agency and the name and contact information of its designated review coordinator.

c. List any missing elements identified during the agency’s review.

d. Conclude whether the comprehensive plan demonstrates the appropriate use of data provided by the agency, how the plan's policies, implementation strategies, and other provisions relate to the agency's objectives and directives, whether the plan supports the agency's programs and policies in carrying out the goals of the Act, and, if necessary, what goal of the Act is not adequately addressed.

e. Suggest what additional measures, if any, the community might take to improve the quality or effectiveness of its comprehensive plan.

(2) Regional Council Comments

Regional councils may comment on a submitted comprehensive plan. If they do so, comments must:

a. Identify the proposed comprehensive plan being commented on.

b. Identify the regional council and the name and contact information of its principal reviewer.

c. List any missing elements identified during the council’s review.

d. Evaluate whether the comprehensive plan addresses identified regional needs and policies, supports existing, adopted regional plans, and whether the plan supports the adopted or proposed comprehensive plans of contiguous municipalities.

e. Solicit and provide comments to the Office from contiguous municipalities.

f. Suggest what additional measures, if any, the community might take to improve the quality or effectiveness of its comprehensive plan.

B. Notification of Completeness

Upon receipt of a comprehensive plan for review for consistency with the Act, the Office will review the plan for completeness; consider any comments received pursuant to Section 1.5(A); and, within thirty-five (35) business days of receiving the plan submittal, either issue a Notification of Completeness or notify the community in writing if there are any missing elements. The Office will issue a Notification of Completeness and begin its focused review of the Future Land Use Plan if the comprehensive plan:

(1) Is submitted in a manner and on forms as prescribed by the Office;

(2) Includes a vision statement that summarizes the community’s desired future community character;

(3) Includes a summary of the public participation process undertaken in accordance with the 30-A M.R.S.A. §4324;

(4) Includes a regional coordination program is included in accordance with Section 2.3;

(5) Includes the minimum required analyses, condition and trend data, policies, and strategies from Section 3;

(6) Includes a Future Land Use Plan with associated maps and narrative;

(7) Includes an implementation section; and,

(8) Provides for future periodic evaluation of the plan and its implementation.

A Notification of Completeness means that portions of the plan other than the Future Land Use Plan have been accepted by the Office as consistent with the Act.

If missing elements are identified during the completeness review, the Office will notify the community in writing of the missing elements. If a community submits additional information to the Office in response to a notification of missing elements within ninety (90) business days, the Office will review the additional information and, within ten (10) business days of receipt, notify the community in writing if the missing elements have been adequately addressed. If the missing elements have been adequately addressed, the Office will issue a Notification of Completeness.

A new completeness review process begins if a community submits additional information to the Office in response to a notification of missing elements more than ninety (90) business days from that notification.

The deadline for issuing a Notification of Completeness may be extended upon mutual written agreement between the Office and the community.

C. Notification of Consistency

Following the issuance of a Notification of Completeness, the Office will review a community’s Future Land Use Plan under Section 4 of this Chapter, taking into account any comments received pursuant to Section 1.5(A). Within ten (10) business days of issuing a Notification of Completeness, the Office will notify the community by certified mail, return receipt requested, whether its plan has been found consistent with the Growth Management Act . This deadline may be extended upon mutual written agreement between the Office and the community.

The Office shall issue a Finding of Consistency for the comprehensive plan if:

(1) A Notification of Completeness has been issued; and

(2) The Office finds that the Future Land Use Plan conforms to Section 4.

The Office shall issue a Finding of Inconsistency if it finds that the comprehensive plan is not consistent with the Growth Management Act . A Finding of Inconsistency must identify:

(1) The goal(s) of the Growth Management Act that is (are) not adequately addressed;

(2) The specific section(s) of this Chapter that is not adequately addressed; and

(3) Recommended measure(s) needed for a Finding of Consistency.

If the Office issues a Finding of Inconsistency, a community may submit revisions to address the inconsistencies in the findings within 24-months of the date of the Finding of Inconsistency. These revisions need not address new review standards that are established during that 24-month review time interval.

Within ten (10) business days of receipt of revisions, the Office will notify the community whether or not the revisions have addressed the inconsistencies. If the inconsistencies have been addressed, the Office will issue a Finding of Consistency. If not, the Office will issue a new Finding of Inconsistency.

If revisions are not submitted within twenty-four (24) months of the original Finding of Inconsistency, the community will need to resubmit its plan in accordance with section 1.4, if it wishes to pursue a finding of consistency.

A community may appeal the Office’s Finding of Inconsistency to the Director of the Office pursuant to Section 1.6.

6. Appeal of a Finding of Inconsistency

A. Making an Appeal

A community whose comprehensive plan is found inconsistent with the Growth Management Act may appeal that finding to the Director of the Office, hereinafter referred to as the Director, as follows:

(1) Any appeal of a Finding of Inconsistency must be made by the municipal officers of the community and must be received no later than twenty (20) business days after such a finding is received.

(2) Such appeal must be made by filing with the Director a written notice of appeal specifying which portion or portions of the finding is being appealed, and on what grounds, in accordance with Section 1.6(B).

B. Grounds for Appeal

The grounds for an appeal are limited to and must specifically address one or more of the following:

(1) errors of fact made during the review;

(2) failure to apply and follow the process and criteria of this Chapter or the Act; or

(3) arbitrary or capricious decision.

C. Procedure on Appeal

The Director may delegate the appeal to another senior staff person outside of the Office’s Land Use Team who was not involved in the consistency review; hereinafter referred to as the Designee.

Upon being notified of an appeal, the Land Use Team Director shall transmit to the Director or Designee all of the papers constituting the record of the decision being appealed.

In considering an appeal, the Director or Designee shall:

(1) examine relevant portions of the comprehensive plan submission, the relevant requirements of the Act and this Chapter, and the Finding of Inconsistency by the Land Use Team;

(2) determine, on the basis of the entire record presented, whether the Land Use Team followed the required process and reasonably interpreted the facts to reach the conclusion(s) upon which the Finding of Inconsistency under appeal was based; and

(3) determine whether there are grounds for the appeal of the Finding of Inconsistency pursuant to Section 1.6(B).

D. Decisions of the Director and Appeals to Superior Court

(1) Remand

If the Director or Designee finds, based on the record presented, that there are ground(s) for appeal under Section 1.6(B), the Director or Designee shall remand with recommendation(s) all or a portion of the finding to Land Use Team Director for reconsideration. The decision of the Director or Designee to remand is not final agency action by the Office and is not appealable to Superior Court.

In the case of such a remand, the Land Use Team Director shall reconsider the original finding and issue a new finding based on the recommendation(s) of the Director or Designee within ten (10) business days. The Office will notify the community of the new consistency finding by certified mail, return receipt requested. The new consistency finding constitutes final agency action.

(2) Decision finding no grounds for appeal

If the Director or Designee finds no grounds for appeal, he/she will issue a notice of decision so stating. The Office will notify the community of the new consistency finding by certified mail, return receipt requested. The notice of decision finding no grounds for appeal constitutes final agency action.

(3) Notice of right to appeal to Superior Court

The Office’s new finding or the Director’s notice of decision finding no grounds for appeal must include an explanation of the community’s right to judicial review of final agency action under 5 M.R.S.A. §§ 11001 -11008.

7. Duration of Consistency Findings

A Finding of Consistency under this Chapter is deemed valid for twelve (12) years from the date of issue. A Finding of Consistency issued under Chapter 202 is deemed valid until December 31, 2012 or twelve (12) years from the date of issue, whichever is later. An expired Finding of Consistency does not automatically make a plan inconsistent with the Act and this Chapter.

8. Review of Amendments to Approved Comprehensive Plans

If a community proposes or adopts amendments to a comprehensive plan that previously has been found consistent with the Act, the community may submit the amendment(s) for review to determine if the changes affect the consistency finding. The Office will review the submitted amendments in the same manner as provided in this Chapter commensurate with the scope of the amendments. A state agency may be asked to comment if amendments are relevant to its topic area. Once the review process is complete, the Office will issue a finding in accordance with Section 1.5(C).

Communities need not submit amendments that do not affect the substance of the plan, such as typographical or grammar corrections. Such non-substantive corrections do not affect the consistency status of a community’s comprehensive plan. Communities need not submit amendments that implement specific plan improvements suggested by the Office in a Finding of Consistency. Changes that implement such suggestions do not affect the consistency status of a community’s comprehensive plan

A Finding of Consistency for amendments does not reset the duration of the original plan consistency finding for the purposes of Section 1.6.

SECTION 2. REQUIRED ELEMENTS

1. Vision Statement

The plan must include a vision statement that summarizes the community’s desired future community character in terms of economic development, natural and cultural resource conservation, transportation systems, land use patterns and its role in the region.

2. Public Participation Summary

The plan must include a summary of the public participation process used by the planning committee in developing the plan pursuant to 30-A M.R.S.A. §4324. The summary must indicate how information gathered during the public process was used to guide the plan’s vision statement, analyses, policies and strategies.

3. Regional Coordination Program

Pursuant to 30-A M.R.S.A. §4326(4), a regional coordination program must be pursued with other communities (or LURC if the community abuts land under its jurisdiction) to manage shared resources and facilities, including but not limited to lakes, rivers, aquifers, and transportation facilities. The plan must identify any shared resources and facilities, describe any conflicts with neighboring communities’ policies and strategies pertaining to shared resources and facilities and describe what approaches the community will take to coordinate management of shared resources and facilities. In addition, the plan must include a summary of regional coordination efforts from all applicable topic areas.

4. Future Land Use Plan

The plan must include a Future Land Use Plan that meets the requirements set forth in Section 4. The Future Land Use Plan will be the focus of the Office’s in-depth review for consistency with the Act.

5. Topic Area Components

In order to be found consistent with the Growth Management Act , the plan must contain the state goal, analyses, condition and trend data, policies, and strategies for each of the required topic areas in Section 3. These minimum requirements in no way limit a community from expanding its plan to include additional information, analyses, policies, and strategies. A comprehensive plan submission may replace a Topic Area Component as described in Section 3 with an adopted regional (multi-municipal) plan (e.g. regional housing plan, regional transportation plan, etc.) so long as the regional plan meets the minimum required analyses, conditions and trend data, policies, and strategies from Section 3, the regional plan is included as an appendix in your comprehensive plan, and the regional plan was drafted within 10 years of the comprehensive plan submission.

A. State Goals

The plan must indicate the state goal or goals relevant to each topic area as identified in Section 3. Local goals may be added but are not required.

B. Analyses

The plan must identify the issues facing the community using the series of questions for each of the topic areas in Section 3. These questions get to the heart of the issues a community must plan for to address the state goals. A community must address each of these questions in its plan’s narrative, unless determined not to be applicable per Section 2.6.

C. Conditions and Trends

To provide a basis for the analyses, the plan must include sufficient data necessary to identify current conditions and future trends for each of the topic areas in Section 3. Some of the data requirements will not be applicable in a given community and therefore will not be required in accordance with Section 2.6. Much of the data will be provided by state agencies. Some data are only available from local sources. All data should be verified locally, if possible.

Data provided by state agencies for each of the topic areas are compiled into comprehensive planning data sets. The comprehensive planning data sets are provided by the Office upon request from a community, regional council, or consultant on behalf of a community. If a community or regional council has requested a comprehensive planning data set and not received it within eight months of the request, then those state data components and associated analyses are not required for a Notification of Completeness or a Finding of Consistency.

Data included in the comprehensive planning data sets are considered the most current data available and will be considered current for comprehensive plan reviews for three (3) years. Communities taking longer than three years to prepare a plan should request a new state data set from the Office and update the plan accordingly prior to submitting it to the Office for a consistency review.

If a community obtains data directly from a state agency by any means other than the request of a comprehensive planning data set from the Office then that data will also be considered current for comprehensive plan reviews for three (3) years from the date the data was received from its source.

If a community chooses to replace a topic area component with an adopted regional plan as defined and described in Section 2.5 then the topic area data components are exempted from the three (3) year age limit.

D. Policies

The minimum required policies for each topic area in Section 3 must be incorporated into a plan for it to be found consistent with the Growth Management Act . The language may be altered to better suit a community, but the specific intent of the minimum policy must remain. Altered policies must reflect the desired future direction of the community as stated in the community’s vision statement.

E. Implementation Strategies

The strategies describe what actions the community will take to carry out its policies. Minimum required strategies identified in Section 3 for each topic area must be included unless sufficient alternative strategies are included. Alternative strategies will be considered by the Office to determine if they, in combination with the other strategies in the plan, address the goals of the Act. Strategies must identify the responsible party, anticipated timeline, and be developed pursuant to 30-A M.R.S.A. §4326(3).

6. Applicability

If a required element is determined by the community to not be applicable, an explanation for that determination must be provided in the comprehensive plan submission. Some items, such as the applicability of marine resources in inland communities, will require only a simple explanation or notation. Other items will require more detailed explanation. This provision is not intended to allow communities to circumvent the requirements for consistency with the Act. During its review of a comprehensive plan, the Office will make a final decision on the applicability of a required element by considering the following criteria:

A. Does the information provided in the plan support the community’s explanation of non-applicability?

B. Does the exclusion of the required element create a gap in the information needed to support the Future Land Use Plan?

7. Evaluation

The plan must include an outline describing how the community will periodically (at least every five years) evaluate the following:

A. The degree to which future land use plan strategies have been implemented;

B. Percent of municipal growth-related capital investments in growth areas;

C. Location and amount of new development in relation to community’s designated growth areas, rural areas, and transition areas (if applicable)

D. Amount of critical natural resource, critical rural, and critical waterfront areas protected through acquisition, easements, or other measures.

If the community’s evaluation concludes that portions of the current plan and/or its implementation are not effective, the community is encouraged to propose changes as needed.

8. Certification

A plan submitted for review under this Chapter must include the original signature(s) of the municipal officer(s) of the community under the following certification:

I (we) certify that this comprehensive plan was prepared with the intent of complying with the Growth Management Act (30 M.R.S.A. §§ 4312 - 4350.), that it includes all of the applicable required elements of the Maine Comprehensive Plan Review Criteria Rule (07-105 CMR 208), and that it is true and accurate.

SECTION 3. REQUIRED TOPIC AREAS

1. Historic and Archaeological Resources

A. State Goal

To preserve the State's historic and archaeological resources.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.1(C) to answer the following questions.

(1) Are historic patterns of settlement still evident in the community?

(2) What protective measures currently exist for historic and archaeological resources and are they effective?

(3) Do local site plan and/or subdivision regulations require applicants proposing development in areas that may contain historic or archaeological resources to conduct a survey for such resources?

(4) Have significant historic resources fallen into disrepair, and are there ways the community can provide incentives to preserve their value as an historical resource?

C. Condition and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Historic Preservation Data Set prepared and provided to the community by the Historic Preservation Commission, and the Office, or their designees.

(2) An outline of the community's history, including a brief description of historic settlement patterns and events contributing to the development and character of the community and its surroundings.

(3) An inventory of the location, condition, and use of any historical or archaeological resource that is of local importance.

(4) A brief description of threats to local historic resource and to those of state and national significance as identified by the Maine Historic Preservation Commission.

D. Policies

Minimum policy required to address state goals:

Protect to the greatest extent practicable the significant historic and archaeological resources in the community.

E. Strategies

Minimum strategies required to address state goals:

(1) For known historic archeological sites and areas sensitive to prehistoric archeology, through local land use ordinances require subdivision or non-residential developers to take appropriate measures to protect those resources, including but not limited to, modification of the proposed site design, construction timing, and/or extent of excavation.

(2) Adopt or amend land use ordinances to require the planning board (or other designated review authority) to incorporate maps and information provided by the Maine Historic Preservation Commission into their review process.

(3) Work with the local or county historical society and/or the Maine Historic Preservation Commission to assess the need for, and if necessary plan for, a comprehensive community survey of the community’s historic and archaeological resources.

2. Water Resources

A. State Goal

To protect the quality and manage the quantity of the State's water resources, including lakes, aquifers, great ponds, estuaries, rivers, and coastal areas.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.2(C) to answer the following questions.

(1) Are there point sources (direct discharges) of pollution in the community? If so, is the community taking steps to eliminate them?

(2) Are there non-point sources of pollution? If so, is the community taking steps to eliminate them?

(3) How are groundwater and surface water supplies and their recharge areas protected?

(4) Do public works crews and contractors use best management practices to protect water resources in their daily operations (e.g. salt/sand pile maintenance, culvert replacement street sweeping, public works garage operations)?

(5) Are there opportunities to partner with local or regional advocacy groups that promote water resource protection?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Water Resources Data Set prepared and provided to the community by the Department of Inland Fisheries and Wildlife, the Department of Environmental Protection and the Office, or their designees.

(2) A description of each great pond, river, surface drinking water supply, and other water bodies of local interest including:

a. ecological value;

b. threats to water quality or quantity;

c. documented water quality and/or invasive species problems.

(3) A summary of past and present activities to monitor, assess, and/or improve water quality, mitigate sources of pollution, and control or prevent the spread of invasive species.

(4) A description of the location and nature of significant threats to aquifer drinking water supplies.

(5) A summary of existing lake, pond, river, stream, and drinking water protection and preservation measures, including local ordinances.

D. Policies

Minimum policies required to address state goals:

(1) To protect current and potential drinking water sources.

(2) To protect significant surface water resources from pollution and improve water quality where needed.

(3) To protect water resources in growth areas while promoting more intensive development in those areas.

(4) To minimize pollution discharges through the upgrade of existing public sewer systems and wastewater treatment facilities.

(5) To cooperate with neighboring communities and regional/local advocacy groups to protect water resources.

E. Strategies

Minimum strategies to meet state goals:

(1) Adopt or amend local land use ordinances as applicable to incorporate stormwater runoff performance standards consistent with:

a. Maine Stormwater Management Law and Maine Stormwater regulations (Title 38 M.R.S.A. §420-D and 06-096 CMR 500 and 502).

b. Maine Department of Environmental Protection's allocations for allowable levels of phosphorus in lake/pond watersheds.

c. Maine Pollution Discharge Elimination System Stormwater Program

(2) Consider amending local land use ordinances, as applicable, to incorporate low impact development standards.

(3) Where applicable, develop an urban impaired stream watershed management or mitigation plan that will promote continued development or redevelopment without further stream degradation.

(4) Maintain, enact or amend public wellhead and aquifer recharge area protection mechanisms, as necessary.

(5) Encourage landowners to protect water quality. Provide local contact information at the municipal office for water quality best management practices from resources such as the Natural Resource Conservation Service, University of Maine Cooperative Extension, Soil and Water Conservation District, Maine Forest Service, and/or Small Woodlot Association of Maine.

(6) Adopt water quality protection practices and standards for construction and maintenance of public and private roads and public properties and require their implementation by contractors, owners, and community officials and employees.

(7) Participate in local and regional efforts to monitor, protect and, where warranted, improve water quality.

(8) Provide educational materials at appropriate locations regarding aquatic invasive species.

3. Natural Resources

A. State Goal

To protect the State's other critical natural resources, including without limitation, wetlands, wildlife and fisheries habitat, sand dunes, shorelands, scenic vistas, and unique natural areas.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.3(C) to answer the following questions.

(1) Are any of the community’s critical natural resources threatened by development, overuse, or other activities?

(2) Are local shoreland zone standards consistent with state guidelines and with the standards placed on adjacent shorelands in neighboring communities?

(3) What regulatory and non-regulatory measures has the community taken or can the community take to protect critical natural resources and important natural resources?

(4) Is there current regional cooperation or planning underway to protect shared critical natural resources? Are there opportunities to partner with local or regional groups?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Natural Resources Data Set prepared and provided to the community by the Department of Inland Fisheries and Wildlife, Department of Environmental Protection and the Office, or their designees.

(2) A map or description of scenic areas and scenic views of local importance, and regional or statewide importance, if available.

D. Policies

Minimum policies required to address state goals:

(1) To conserve critical natural resources in the community.

(2) To coordinate with neighboring communities and regional and state resource agencies to protect shared critical natural resources.

E. Strategies

Minimum strategies required to address state goals:

(1) Ensure that land use ordinances are consistent with applicable state law regarding critical natural resources.

(2) Designate critical natural resources as Critical Resource Areas in the Future Land Use Plan.

(3) Through local land use ordinances, require subdivision or non-residential property developers to look for and identify critical natural resources that may be on site and to take appropriate measures to protect those resources, including but not limited to, modification of the proposed site design, construction timing, and/or extent of excavation.

(4) Through local land use ordinances, require the planning board (or other designated review authority) to include as part of the review process, consideration of pertinent BwH maps and information regarding critical natural resources.

(5) Initiate and/or participate in interlocal and/or regional planning, management, and/or regulatory efforts around shared critical and important natural resources.

(6) Pursue public/private partnerships to protect critical and important natural resources such as through purchase of land or easements from willing sellers.

(7) Distribute or make available information to those living in or near critical or important natural resources about current use tax programs and applicable local, state, or federal regulations.

4. Agricultural and Forest Resources

A. State Goal

To safeguard the State's agricultural and forest resources from development which threatens those resources.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.4(C) to answer the following questions.

(1) How important is agriculture and/or forestry and are these activities growing, stable, or declining?

(2) Is the community currently taking regulatory and/or non-regulatory steps to protect productive farming and forestry lands? Are there local or regional land trusts actively working to protect farms or forest lands in the community?

(3) Are farm and forest land owners taking advantage of the state's current use tax laws?

(4) Has proximity of new homes or other incompatible uses affected the normal farming and logging operations?

(5) Are there large tracts of agricultural or industrial forest land that have been or may be sold for development in the foreseeable future? If so, what impact would this have on the community?

(6) Does the community support community forestry or agriculture (i.e. small woodlots, community forests, tree farms, community gardens, farmers’ markets, or community-supported agriculture)? If so, how?

(7) Does the community have town or public woodlands under management, or that would benefit from forest management?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Agriculture and Forestry Data Set prepared and provided to the community by the Department of Agriculture, the Maine Forest Service, and the Office, or their designees.

(2) A map and/or description of the community’s farms, farmland, and managed forest lands and a brief description of any that are under threat.

(3) Information on the number of parcels and acres of farmland, tree growth, and open space enrolled in the state’s farm, tree growth, and open space law taxation programs, including changes in enrollment over the past 10 years.

(4) A description of any community farming and forestry activities (e.g. community garden, farmer’s market, or community forest).

D. Policies

Minimum policies required to address state goals:

(1) To safeguard lands identified as prime farmland or capable of supporting commercial forestry.

(2) To support farming and forestry and encourage their economic viability.

E. Strategies

(1) Minimum strategies required to address state goals: Consult with the Maine Forest Service district forester when developing any land use regulations pertaining to forest management practices as required by 12 M.R.S.A. §8869.

(2) Consult with Soil and Water Conservation District staff when developing any land use regulations pertaining to agricultural management practices.

(3) Amend land use ordinances to require commercial or subdivision developments in critical rural areas, if applicable, maintain areas with prime farmland soils as open space to the greatest extent practicable.

(4) Limit non-residential development in critical rural areas (if the town designates critical rural areas) to natural resource-based businesses and services, nature tourism/outdoor recreation businesses, farmers’ markets, and home occupations.

(5) Encourage owners of productive farm and forest land to enroll in the current use taxation programs.

(6) Permit land use activities that support productive agriculture and forestry operations, such as roadside stands, greenhouses, firewood operations, sawmills, log buying yards, and pick-your-own operations.

(7) Include agriculture, commercial forestry operations, and land conservation that supports them in local or regional economic development plans.

5. Marine Resources (if applicable)

A. State Goal and State Coastal Policies

(1) To protect the State's marine resources industry, ports and harbors from incompatible development and to promote access to the shore for commercial fishermen and the public.

(2) For coastal communities, the Growth Management Act requires that a local comprehensive plan address the state coastal management policies (38 M.R.S.A. §1801). These are:

a. To promote the maintenance, development, and revitalization of the State's ports and harbors for fishing, transportation and recreation;

b. To manage the marine environment and its related resources to preserve and improve the ecological integrity and diversity of marine communities and habitats, to expand our understanding of the productivity of the Gulf of Maine and coastal waters and to enhance the economic value of the State’s renewable marine resources;

c. To support shoreline management that gives preference to water-dependent uses over other uses, that promotes public access to the shoreline and that considers the cumulative effects of development on coastal resources;

d. To discourage growth and new development in coastal areas where, because of coastal storms, flooding, landslides or sea-level rise, it is hazardous to human health and safety;

e. To encourage and support cooperative state and municipal management of coastal resources;

f. To protect and manage critical habitat and natural areas of state and national significance and maintain the scenic beauty and character of the coast even in areas where development occurs;

g. To expand the opportunities for outdoor recreation and to encourage appropriate coastal tourist activities and development;

h. To restore and maintain the quality of our fresh, marine and estuarine waters to allow for the broadest possible diversity of public and private uses; and,

i. To restore and maintain coastal air quality to protect the health of citizens and visitors and to protect enjoyment of the natural beauty and maritime characteristics of the Maine coast.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.5(C) to answer the following questions.

(1) Is coastal water quality being monitored on a regular basis?

(2) Is there a local or regional plan in place to identify and eliminate pollution sources?

(3) Has closing of clam or worm flats threatened the shellfishing industry, and are sources of contamination known? If so, are sources point (direct discharge) or nonpoint sources?

(4) Are traditional water-dependent uses thriving or in decline? What are the factors affecting these uses? If current trends continue, what will the waterfront look like in 10 years?

(5) Is there reasonable balance between water-dependent and other uses, and between commercial and recreational uses? If there have been recent conversions of uses, have they improved or worsened the balance?

(6) How does local zoning treat land around working harbors?

(7) Is there a local or regional harbor or bay management plan? If not, is one needed?

(8) Are there local dredging needs? If so, how will they be addressed?

(9) Is there adequate access, including parking, for commercial fishermen and members of the public? Are there opportunities for improved access?

(10) Are important points of visual access identified and protected?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Marine Resources Data Set prepared and provided to the community by the Department of Marine Resources, and the Office, or their designees.

(2) A map and / or description of water-dependent uses.

(3) A brief summary of current regulations influencing land use patterns on or near the shoreline.

(4) A description of any local or regional harbor or bay management plans or planning efforts.

(5) The location of facilities (wharves, boat ramps, pump-out stations, etc.), with a brief description of any regional or local plans to improve facilities.

(6) A description or map showing public access points to the shore. Include a brief description of their use, capacity, physical condition, and plans to improve, expand, or acquire facilities such as parking or toilets.

(7) A list of scenic resources along the shoreline, including current ownership (public or private) and any protections.

D. Policies

Minimum policies required to address state goals:

(1) To protect, maintain and, where warranted, improve marine habitat and water quality.

(2) To foster water-dependent land uses and balance them with other complementary land uses.

(3) To maintain and, where warranted, improve harbor management and facilities.

(4) To protect, maintain and, where warranted, improve physical and visual public access to the community’s marine resources for all appropriate uses including fishing, recreation, and tourism.

E. Strategies

Minimum strategies required to address state goals:

(1) Identify needs for additional recreational and commercial access (which includes parking, boat launches, docking space, fish piers, and swimming access).

(2) Encourage owners of marine businesses and industries to participate in clean marina/boatyard programs.

(3) Provide information about the Working Waterfront Access Pilot Program and current use taxation program to owners of waterfront land used to provide access to or support the conduct of commercial fishing activities.

(4) Support implement of local and regional harbor and bay management plans.

(5) If applicable, provide sufficient funding for and staffing of the harbormaster and/or harbor commission.

(6) Work with local property owners, land trusts, and others to protect major points of physical and visual access to coastal waters, especially along public ways and in public parks.

6. Population and Demographics

A. State Goal

None required.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.6(C) to answer the following questions.

(1) Is the rate of population change expected to continue as in the past, or to slow down or speed up? What are the implications of this change?

(2) What will be the likely demand for housing and municipal and school services to accommodate the change in population and demographics, both as a result of overall change and as a result of change among different age groups?

(3) Does your community have a significant seasonal population, is the nature of that population changing? What is the community's dependence on seasonal visitors?

(4) If your community is a service center or has a major employer, are additional efforts required to serve a daytime population that is larger than its resident population?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Population and Demographic Data Set (including relevant local, regional, and statewide data) prepared and provided to the community by the Office or its designee.

D. Policies

None required.

E. Strategies

None required.

7. Economy

A. State Goal

Promote an economic climate that increases job opportunities and overall economic well-being.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.7(C) to answer the following questions.

(1) Is the economy experiencing significant change, and how does this, or might this, affect the local population, employment, and municipal tax base?

(2) Does the community have defined priorities for economic development? Are these priorities reflected in regional economic development plans?

(3) If there is a traditional downtown or village center(s) in the community? If so, are they deteriorating or thriving?

(4) Is tourism an important part of the local economy? If so, what steps has the community taken to support this industry?

(5) Do/should home occupations play a role in the community?

(6) Are there appropriate areas within the community for industrial or commercial development? If so, are performance standards necessary to assure that industrial and commercial development is compatible with the surrounding land uses and landscape?

(7) Are public facilities, including sewer, water, broadband access or three-phase power, needed to support the projected location, type, and amount of economic activity, and what are the issues involved in providing them?

(8) If there are local of regional economic development incentives such as TIF districting, do they encourage development in growth areas?

(9) How can/does the community use its unique assets such as recreational opportunities, historic architecture, civic events, etc. for economic growth?

C. Conditions and Trends

Minimum data required to address Analysis:

(1) The community’s Comprehensive Planning Economic Data Set prepared and provided to the community by the Office or its designee.

(2) A brief historical perspective on how and why the current economy of the community and region developed.

(3) A list of local and regional economic development plans developed over the past five years, which include the community.

(4) Where does the community’s population work and where do employees in your community reside? A description of the major employers in the community and labor market area and their outlook for the future.

(5) A description of any economic development incentive districts, such as tax increment financing districts, in the community.

D. Policies

Minimum policies required to address state goals:

(1) To support the type of economic development activity the community desires, reflecting the community’s role in the region.

(2) To make a financial commitment, if necessary, to support desired economic development, including needed public improvements.

(3) To coordinate with regional development corporations and surrounding towns as necessary to support desired economic development.

E. Strategies

Minimum strategies required to address state goals:

(1) If appropriate, assign responsibility and provide financial support for economic development activities to the proper entity (e.g., a local economic development committee, a local representative to a regional economic development organization, the community’s economic development director, a regional economic development initiative, or other).

(2) Enact or amend local ordinances to reflect the desired scale, design, intensity, and location of future economic development.

(3) If public investments are foreseen to support economic development, identify the mechanisms to be considered to finance them (local tax dollars, creating a tax increment financing district, a Community Development Block Grant or other grants, bonding, impact fees, etc.)

(4) Participate in any regional economic development planning efforts.

8. Housing

A. State Goal / Minimum Policy

To encourage and promote affordable, decent housing opportunities for all Maine citizens.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.8(C) to answer the following questions.

(1) How many additional housing units (if any), including rental units, will be necessary to accommodate projected population and demographic changes during the planning period?

(2) Is housing, including rental housing, affordable to those earning the median income in the region? Is housing affordable to those earning 80% of the median income? If not, review local and regional efforts to address issue.

(3) Are seasonal homes being converted to year-round use or vice-versa? What impact does this have on the community?

(4) Will additional low and moderate income family, senior, or assisted living housing be necessary to meet projected needs for the community? Will these needs be met locally or regionally?

(5) Are there other major housing issues in the community, such as substandard housing?

(6) How do existing local regulations encourage or discourage the development of affordable/workforce housing?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Housing Data Set prepared and provided to the community by the Maine State Housing Authority, and the Office, or their designees.

(2) Information on existing local and regional affordable/workforce housing coalitions or similar efforts.

(3) A summary of local regulations that affect the development of affordable/workforce housing.

D. Policies

Minimum policies required to address state goals:

(1) To encourage and promote adequate workforce housing to support the community’s and region’s economic development.

(2) To ensure that land use controls encourage the development of quality affordable housing, including rental housing.

(3) To encourage and support the efforts of the regional housing coalitions in addressing affordable and workforce housing needs.

E. Strategies

Minimum strategies required to address state goals:

(1) Maintain, enact or amend growth area land use regulations to increase density, decrease lot size, setbacks and road widths, or provide incentives such as density bonuses, to encourage the development of affordable/workforce housing.

(2) Maintain, enact or amend ordinances to allow the addition of at least one accessory apartment per dwelling unit in growth areas, subject to site suitability.

(3) Create or continue to support a community affordable/workforce housing committee and/or regional affordable housing coalition.

(4) Designate a location(s) in growth areas where mobile home parks are allowed pursuant to 30-A M.R.S.A. §4358(3)(M) and where manufactured housing is allowed pursuant to 30-A M.R.S.A. §4358(2).

(5) Support the efforts of local and regional housing coalitions in addressing affordable and workforce housing needs.

(6) Seek to achieve a level of at least 10% of new residential development built or placed during the next decade be affordable.

9. Recreation

A. State Goal

To promote and protect the availability of outdoor recreation opportunities for all Maine citizens, including access to surface waters.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.9(C) to answer the following questions.

(1) Will existing recreational facilities and programs in the community and region accommodate projected growth or changes in age groups in your community?

(2) Is there a need for certain types of services or facilities or to upgrade or enlarge present facilities to either add capacity or make them more usable?

(3) Are important tracts of open space commonly used for recreation publicly-owned or otherwise permanently conserved?

(4) Does the community have a mechanism, such as an open space fund or partnership with a land trust, to acquire important open spaces and access sites, either outright or through conservation easements?

(5) Does the public have access to each of the community’s significant water bodies?

(6) Are recreational trails in the community adequately maintained? Are there use conflicts on these trails?

(7) Is traditional access to private lands being restricted?

C. Condition and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Recreation Data Set prepared and provided to the community by the Department of Conservation, and the Office, or their designees.

(2) A description of important public and private active recreation programs, land and water recreation areas (including hunting and fishing areas), and facilities in the community and region, including regional recreational opportunities as appropriate, and identification of unmet needs.

(3) An inventory of any fresh or salt water bodies in the community determined locally to have inadequate public access.

(4) A description of local and regional trail systems, trail management organizations, and conservation organizations that provide trails for all-terrain vehicles, snowmobiling, skiing, mountain biking, or hiking.

(5) A map or list of important publicly-used open spaces and their associated facilities, such as parking and toilet facilities.

D. Policies

Minimum policies required to address state goals:

(1) To maintain/upgrade existing recreational facilities as necessary to meet current and future needs.

(2) To preserve open space for recreational use as appropriate.

(3) To seek to achieve or continue to maintain at least one major point of public access to major water bodies for boating, fishing, and swimming, and work with nearby property owners to address concerns.

E. Strategies

Minimum strategies required to address state goals:

(1) Create a list of recreation needs or develop a recreation plan to meet current and future needs. Assign a committee or community official to explore ways of addressing the identified needs and/or implementing the policies and strategies outlined in the plan.

(2) Work with public and private partners to extend and maintain a network of trails for motorized and non-motorized uses. Connect with regional trail systems where possible.

(3) Work with an existing local land trust or other conservation organizations to pursue opportunities to protect important open space or recreational land.

(4) Provide educational materials regarding the benefits and protections for landowners allowing public recreational access on their property. At a minimum this will include information on Maine’s landowner liability law regarding recreational or harvesting use, Title 14, M.R.S.A. §159-A.

10. Transportation

Sensible Transportation Policy Act

If a community has adopted a local or applicable regional long-range transportation plan that has been approved by the Maine Department of Transportation as consistent with the Sensible Transportation Policy Act (23 M.R.S.A. §73), then the transportation section is deemed complete for the purposes of review under this Chapter. The transportation section of the comprehensive plan need only include a letter from the Maine Department of Transportation stating that the community’s long-range transportation plan is consistent with 17-229 CMR Chapter 103 subchapter 3 and is current in accordance with 17-229 CMR Chapter 103 subchapter 3.2(F).

Absent such approval, the following information, analyses, policies and strategies are required. Regional transportation plans must be consulted in preparing this section.

A. State Goal

To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.10(C) to answer the following questions.

(1) What are the transportation system concerns in the community and region? What, if any, plans exist to address these concerns?

(2) Are conflicts caused by multiple road uses, such as a major state or U.S. route that passes through the community or its downtown and serves as a local service road as well?

(3) To what extent do sidewalks connect residential areas with schools, neighborhood shopping areas, and other daily destinations?

(4) How are walking and bicycling integrated into the community’s transportation network (including access to schools, parks, and other community destinations)?

(5) How do state and regional transportation plans relate to your community?

(6) What is the community’s current and approximate future budget for road maintenance and improvement?

(7) Are there parking issues in the community? If so what are they?

(8) If there are parking standards, do they discourage development in village or downtown areas?

(9) Do available transit services meet the current and foreseeable needs of community residents? If transit services are not adequate, how will the community address the needs?

(10) If the community hosts a transportation terminal, such as an airport, passenger rail station, or ferry terminal, how does it connect to other transportation modes (e.g. automobile, pedestrian, bicycle, transit)?

(11) If the community hosts or abuts any public airports, what coordination has been undertaken to ensure that required airspace is protected now and in the future? How does the community coordinate with the owner(s) of private airports?

(12) If you are a coastal community are land-side or water-side transportation facilities needed? How will the community address these needs?

(13) Does the community have local access management or traffic permitting measures in place?

(14) Do the local road design standards support the community’s desired land use pattern?

(15) Do the local road design standards support bicycle and pedestrian transportation?

(16) Do planned or recently built subdivision roads (residential or commercial) simply dead-end or do they allow for expansion to adjacent land and encourage the creation of a network of local streets? Where dead-ends are unavoidable, are mechanisms in place to encourage shorter dead-ends resulting in compact and efficient subdivision designs?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) The community’s Comprehensive Planning Transportation Data Set prepared and provided to the community by the Department of Transportation, and the Office, or their designees.

(2) Location and overall condition of roads, bridges, sidewalks, and bicycle facilities, including any identified deficiencies or concerns.

(3) Identify potential on and off-road connections that would provide bicycle and pedestrian connections to neighborhoods, schools, waterfronts and other activity centers.

(4) Identify major traffic (including pedestrian) generators, such as schools, large businesses, public gathering areas/activities, etc. and related hours of their operations.

(5) Identify policies and standards for the design, construction and maintenance of public and private roads.

(6) List and locate municipal parking areas including capacity, and usage.

(7) Identify airports within or adjacent to the community and describe applicable airport zoning and airspace protection ordinances your community has in place.

(8) Identify bus or van services.

(9) Identify existing and proposed marine and rail terminals within your community including potential expansions.

(10) If coastal communities identify public ferry service and private boat transportation support facilities (may be covered under Marine Resources with cross reference) including related water-side (docks/piers/wharves) and land-side (parking) facilities.

D. Policies

Minimum policies required to address state goals:

(1) To prioritize community and regional needs associated with safe, efficient, and optimal use of transportation systems.

(2) To safely and efficiently preserve or improve the transportation system.

(3) To promote public health, protect natural and cultural resources, and enhance livability by managing land use in ways that maximize the efficiency of the transportation system and minimize increases in vehicle miles traveled.

(4) To meet the diverse transportation needs of residents (including children, the elderly and disabled) and through travelers by providing a safe, efficient, and adequate transportation network for all types of users (motor vehicles, pedestrians, bicyclists).

(5) To promote fiscal prudence by maximizing the efficiency of the state or state-aid highway network.

E. Strategies

Minimum strategies required to address state goals:

(1) Develop or continue to update a prioritized improvement, maintenance, and repair plan for the community’s transportation network.

(2) Initiate or actively participate in regional and state transportation efforts.

(3) Maintain, enact or amend local ordinances as appropriate to address or avoid conflicts with:

a. Policy objectives of the Sensible Transportation Policy Act (23 M.R.S.A. §73);

b. State access management regulations pursuant to 23 M.R.S.A. §704; and

c. State traffic permitting regulations for large developments pursuant to 23 M.R.S.A. §704-A.

(4) Maintain, enact or amend ordinance standards for subdivisions and for public and private roads as appropriate to foster transportation-efficient growth patterns and provide for future street and transit connections.

11. Public Facilities and Services

A. State Goal

To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.11(C) to answer the following questions.

(1) Are municipal services adequate to meeting changes in population and demographics?

(2) Has the community partnered with neighboring communities to share services, reduce costs and/or improve services? In what ways?

(3) If the community has a public sewer system, what issues or concerns are there currently and/or anticipated in the future? Is the sanitary district extension policy consistent with the Future Land Use Plan as required by (38 M.R.S.A. §1163), or will it be?

(4) If the community has a public water system are any public water supply expansions anticipated? If so, have suitable sources been identified and protected? Is the water district extension policy consistent with the Future Land Use Plan?

(5) If the town does not have a public sewer or water system, is this preventing the community from accommodating current and projected growth?

(6) Are existing stormwater management facilities adequately maintained? What improvements are needed? How might future development affect the existing system?

(7) How do residents dispose of septic tank waste? Are there issues or concerns regarding septic tank waste?

(8) Is school construction or expansion anticipated during the planning period? Are there opportunities to promote new residential development around existing and proposed schools?

(9) Is the community’s emergency response system adequate? Are improvements needed?

(10) Is the solid waste management system meeting current needs? Is the community reducing the reliance on waste disposal and increasing recycling opportunities? Are improvements needed to meet future demand?

(11) Are improvements needed in the telecommunications and energy infrastructure?

(12) Are local and regional health care facilities and public health and social service programs adequate to meet the needs of the community?

(13) Will other public facilities, such as town offices, libraries, and cemeteries accommodate projected growth?

(14) To what extent are investments in facility improvements directed to growth areas?

(15) Does the community have a street tree program?

C. Conditions and Trends

Minimum data required to address Analyses includes the identification of the following as applicable for the public facilities and services in 3.11 C (5) (a through i):

(1) location of facilities and service areas (mapped as appropriate);

(2) general physical condition of facilities and equipment;

(3) capacity and anticipated demand during the planning period;

(4) identification of who owns/manages the systems;

(5) estimated costs of needed capital improvements to public facilities; and

(6) the following information related to each of these public facilities and services:

a. Sewerage and/or Water Supply – Identify number and types of users, and percent of households served

b. Septage – Identify any community policies or regulations regarding septage collection and disposal.

c. Solid Waste – Describe the community’s solid waste management system. Identify types and amounts of municipal solid waste and recycled materials for the past five (5) years.

d. Stormwater Management – Identify combined sewer overflows. For Municipal Separate Stormwater System (MS4) communities, describe plan and status of the major goals of the MS4 requirements.

e. Power and Communications – Availability of 3-phase power, Internet (including broadband), and cable within the community.

f. Emergency Response System –Average call response times for fire, police, and emergency/rescue.

g. Education – Identify school administrative unit. Include primary/secondary school system enrollment for the most recent year information is available and for the ten (10) years after the anticipated adoption of plan.

h. Health Care - Describe major health care facilities (hospitals, clinics) and other providers serving the community. Identify public health and social services supported by the community through municipal subsidy.

i. Municipal Government Facilities and Services – Describe facilities and staffing for municipal administrative, enforcement, and public works operations.

j. Street Tree Program - Describe the community's street tree program.

D. Policies

Minimum policies required to address state goals:

(1) To efficiently meet identified public facility and service needs.

(2) To provide public facilities and services in a manner that promotes and supports growth and development in identified growth areas.

E. Strategies

Minimum strategies to meet state goals:

(1) Identify any capital improvements needed to maintain or upgrade public services to accommodate the community’s anticipated growth and changing demographics.

(2) Locate new public facilities comprising at least 75% of new municipal growth-related capital investments in designated growth areas.

(3) Encourage local sewer and water districts to coordinate planned service extensions with the Future Land Use Plan.

(4) If public water supply expansion is anticipated, identify and protect suitable sources?

(5) Explore options for regional delivery of local services.

12. Fiscal Capacity and Capital Investment Plan

A. State Goal

To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.12(C) to answer the following questions.

(1) How will future capital investments identified in the plan be funded?

(2) If the community plans to borrow to pay for capital investments, does the community have sufficient borrowing capacity to obtain the necessary funds?

(3) Have efforts been made by the community to participate in or explore sharing capital investments with neighboring communities? If so, what efforts have been made?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) Identify community revenues and expenditures by category for the last five (5) years and explain trends.

(2) Describe means of funding capital items (reserve funds, bonding, etc.) and identify any outside funding sources.

(3) Identify local and state valuations and local mil rates for the last five (5) years.

(4) How does total municipal debt (including shares of county, school and utility) compare with the statutory and Maine Bond Bank recommended limits on such debt?

D. Policies

Minimum policies required to address state goals:

(1) To finance existing and future facilities and services in a cost effective manner.

(2) To explore grants available to assist in the funding of capital investments within the community.

(3) To reduce Maine’s tax burden by staying within LD 1 spending limitations.

E. Strategies

Minimum strategies required to address state goals:

(1) Explore opportunities to work with neighboring communities to plan for and finance shared or adjacent capital investments to increase cost savings and efficiencies.

F. Capital Investment Plan

The comprehensive plan must include a capital investment plan that:

(1) Identifies and summarizes anticipated capital investment needs within the planning period in order to implement the comprehensive plan, including estimated costs and timing, and identifies which are municipal growth-related capital investments;

(2) Establishes general funding priorities among the community capital investments; and

(3) Identifies potential funding sources and funding mechanisms.

13. Existing Land Use

A. State Goal

None required.

B. Analyses

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 3.13(C) and the community’s vision statement to answer the following questions.

(1) Is most of the recent development occurring: lot by lot; in subdivisions; or in planned developments? Is recent development consistent with the community’s vision?

(2) What regulatory and non-regulatory measures would help promote development of a character, and in locations that are consistent with the community’s vision?

(3) Is the community’s administrative capacity adequate to manage its land use regulation program, including planning board and code enforcement officer?

(4) Are floodplains adequately identified and protected? Does the community participate in the National Flood Insurance Program? If not, should it? If so, is the floodplain management ordinance up to date and consistently enforced? Is the floodplain management ordinance consistent with state and federal standards?

C. Conditions and Trends

Minimum data required to address Analyses:

(1) An existing land use map, by land use classification (such as mixed-use, residential, commercial, institutional, industrial, agricultural, commercial forests, marine, park/recreational, conserved, and undeveloped land).

(2) A summary of current lot dimensional standards.

(3) A description or map identifying the location of lots and primary structures created within the last ten years. Include residential, institutional, commercial, and industrial development.

(4) Provide a brief description of existing land use regulations and other tools utilized to manage land use, including shoreland zoning, floodplain management, subdivision, site plan review, and zoning ordinances.

(5) Estimate the minimum amount of land needed to accommodate projected residential, institutional, commercial, or industrial development at least ten (10) years into the future.

D. Policies

None Required

E. Strategies

None required

SECTION 4. FUTURE LAND USE PLAN

1. State Goal

To encourage orderly growth and development in appropriate areas of each community, while protecting the state's rural character, making efficient use of public services, and preventing development sprawl.

2. Future Land Use Plan Overview

The plan must include a Future Land Use Plan that is consistent with the community’s vision and other policies in the plan. The Future Land Use Plan brings together plan elements that affect land use. It is intended to synthesize these elements into a cohesive guide to realizing the community’s vision, including the development of land use regulations/ordinances. Use the analysis of conditions and trends data in Section 4, in conjunction with the vision statement, to develop the community’s Future Land Use Plan.

The Future Land Use Plan divides the community into geographical areas identified as either most suitable for growth or most suitable for rural uses unless exempted under 30-A M.R.S.A. §4326(3-A), more fully described below. The Future Land Use Plan also incorporates a map of critical natural resources and any designated critical rural and critical waterfront areas within the community. The Future Land Use Plan will be the focus of the Office review for consistency with the Act.

3. Review Criteria for Future Land Use Plan Designations

A. Growth Areas

A community’s Future Land Use Plan must identify a growth area or areas. The designation of growth areas is intended to ensure that planned growth and development and related infrastructure are directed to areas most suitable for such growth and development. Land areas designated as growth area must be consistent with the following provisions.

(1) The Future Land Use Plan must designate as growth area those lands into which the community intends to direct a minimum of 75% of dollars for municipal growth-related capital investments made during the planning period.

(2) Built-out or developed areas that may not have capacity for further growth but require maintenance, replacement, or additional capital investment to support existing or infill development must also be designated as growth areas.

(3) Growth areas must generally be limited to land areas that are physically suitable for development or redevelopment. Growth areas may include incidental land areas that are physically unsuitable for development or redevelopment, including critical natural resource, however, the plan must addresses how these areas will be protected from negative impacts of incompatible development to the greatest extent practicable or, at a minimum, as prescribed by law.

(4) To the greatest extent practicable growth areas should be located adjacent to existing densely-populated area.

(5) Growth areas, to the greatest extent practicable, should be limited to an amount of land area and a configuration to encourage compact, efficient development patterns (including mixed uses) and discourage development sprawl and strip development.

(6) Growth areas along roads should be configured to avoid strip development and promote nodes or clusters of development.

B. Growth Area Exemptions

In some communities, conditions may make the identification of specific areas for residential, institutional, commercial, and/or industrial growth inappropriate. These conditions, as described in 30-A M.R.S.A. §4326(3-A) and Section 4.5 of this Chapter, include:

(1) Severe physical limitations;

(2) Minimal or no growth; or

(3) The lack of a village or densely populated area.

Communities with one or more of these conditions may develop a Future Land Use Plan that does not identify growth areas for residential, institutional, commercial, or industrial growth pursuant to the criteria identified in Section 4.5. If a growth area exemption is proposed, the plan’s description of existing trends and conditions must support the exemption request. Communities with growth caps or rate-of-growth ordinances are not eligible for a growth area exemption.

C. Shared Growth Areas

Pursuant to and in accordance with 30-A M.R.S.A. §4325, communities may enter into an interlocal agreement with one or more neighboring communities to designate regional growth areas for anticipated residential, institutional, commercial, or industrial growth and/or related services or infrastructure.

D. Transitional Areas

The Future Land Use Plan may designate as transitional area those land areas which the community identifies as suitable for a share of projected residential, institutional, commercial or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area. Designated transitional areas are intended to provide for limited suburban or rural residential development opportunities. Land areas designated as transitional area must be consistent with the following provisions:

(1) Transitional areas cannot be defined as growth areas for the purposes of state growth related capital investment pursuant to 30-A M.R.S.A. §4301(5-B).

(2) Development standards in transitional areas must limit strip development along roads through access management, minimum frontage requirements, and other techniques.

(3) Transitional areas cannot include significant contiguous areas of working farms, wood lots, properties in state tree growth and farm and open space tax programs, prime agricultural and forestry soils, unfragmented habitat, or marine resources identified in the conditions and trends in Sections 3.3, 3.4, and 3.5.

(4) Transitional areas must be compatible with designations in adjacent communities or provide buffers or transitions to avoid land use conflicts with neighboring communities.

E. Rural Areas

The community’s Future Land Use Plan must identify a rural area or areas. The designation of rural areas is intended to identify areas deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, wildlife habitat, fisheries habitat and scenic lands, and away from which most development projected over ten (10) years is diverted.

A community’s Future Land Use Plan must designate as rural area or areas any portion of the community consistent with the following provisions:

(1) To the greatest extent practicable, rural areas must include working farms, wood lots, properties enrolled in current-use tax programs related to forestry, farming or open space, areas of prime agricultural soils, critical natural resources, and important natural resources.

(2) The Future Land Use Plan must identify proposed mechanisms, both regulatory and non-regulatory, to ensure that the level and type of development in rural areas is compatible with the defined rural character and does not encourage strip development along roads.

(3) Rural areas shall not include land areas where the community actively encourages new residential, institutional, or commercial development.

(4) Rural areas must be compatible with designations in adjacent communities or provide buffers or transitions to avoid land use conflicts with neighboring communities.

F. Critical Natural Resources

For the purpose of protecting Critical Natural Resources from the impacts of incompatible development, the Future Land Use Plan must distinguish between areas where those resources are present and where they are absent.

The Future Land Use Plan must include a map or maps depicting Critical Natural Resources and a description of proposed regulations (including ongoing local, state and federal regulations) and non-regulatory measures designed to ensure that these resources are, to the greatest practicable extent, protected from the impacts of incompatible development. (Typically, some of the information contained in a plan’s Natural Resources section will be repeated or summarized in the Future Land Use section.)

G. Critical Rural Areas and Critical Waterfront Areas

As an option, the community may identify and designate one or more critical rural areas or critical waterfront areas as defined in this Chapter on the Future Land Use Plan. If the community chooses to make such designations, land areas so designated must be consistent with the following provisions:

(1) Critical rural areas and critical waterfront areas are those rural and waterfront areas in a community most vulnerable to impacts from incompatible development.

(2) The Future Land Use Plan must identify current and proposed mechanisms, both regulatory and non-regulatory, to ensure that critical rural areas and critical waterfront areas are, to the greatest extent practicable, protected from the impacts of incompatible development.

(3) Critical rural areas and critical waterfront areas must be compatible with designations in adjacent communities or provide buffers or transitions to avoid land use conflicts with neighboring communities.

4. Required Elements for the Future Land Use Plan

A. Analyses

(1) Does the Future Land Use Plan align and/or conflict with the community’s vision statement?

(2) Is the configuration of the growth area(s) shaped by natural opportunities and/or constraints (i.e. the physical suitability or unsuitability of land for development)? The location of public facilities? The transportation network?

(3) How does the Future Land Use Plan relate to recent development trends?

(4) Given current regulations, development trends, and population projections, estimate how many new residential units and how much commercial, institutional, and/or industrial development will likely occur in the planning period? Where is this development likely to go?

(5) How can critical natural resources and important natural resources be effectively protected from future development impacts?

B. Components

The Future Land Use Plan must include:

(1) A map or maps showing:

a. Growth area(s) (unless exempted) and Rural area(s) and any land use districts within each;

b. Critical Natural Resources in accordance with 4.3.F, above

c. Any of the following optional land use areas, if proposed, along with any land use districts within each: Transitional, Critical Rural, Critical Waterfront.

(2) A map depicting the constraints to development identified in the plan (may be a combination of maps from other sections).

(3) A narrative description of each land use district including:

a. The district’s relationship to the community’s vision;

b. The district’s natural opportunities and/or constraints;

c. The types and intensity of proposed land uses, including residential density;

d. The compatibility or incompatibility of proposed uses to current uses, critical natural resources and important natural resources within and around the district along with any special development considerations (e.g. need for additional buffers, conservation subdivision provisions, architectural design standards, etc.); and

e. Any anticipated major municipal capital investments needed to support the proposed land uses.

C. Policies

Minimum policies to address state goals:

(1) To coordinate the community’s land use strategies with other local and regional land use planning efforts.

(2) To support the locations, types, scales, and intensities of land uses the community desires as stated in its vision.

(3) To support the level of financial commitment necessary to provide needed infrastructure in growth areas.

(4) To establish efficient permitting procedures, especially in growth areas.

(5) To protect critical rural and critical waterfront areas from the impacts of development.

D. Strategies

In addition to the strategies required below, include any strategies as necessary to support the establishment of any rate of growth or impact fee ordinances proposed. These may include strategies found in other sections of the plan.

Minimum strategies required to address state goals:

(1) Assign responsibility for implementing the Future Land Use Plan to the appropriate committee, board or municipal official.

(2) Using the descriptions provided in the Future Land Use Plan narrative, maintain, enact or amend local ordinances as appropriate to:

a. Clearly define the desired scale, intensity, and location of future development;

b. Establish or maintain fair and efficient permitting procedures, and explore streamlining permitting procedures in growth areas; and

c. Clearly define protective measures for critical natural resources and, where applicable, important natural resources.

d. Clearly define protective measures for any proposed critical rural areas and/or critical waterfront areas, if proposed.

(3) Include in the Capital Investment Plan anticipated municipal capital investments needed to support proposed land uses.

(4) Meet with neighboring communities to coordinate land use designations and regulatory and non-regulatory strategies.

(5) Provide the code enforcement officer with the tools, training, and support necessary to enforce land use regulations, and ensure that the Code Enforcement Officer is certified in accordance with 30-A M.R.S.A. §4451.

(6) Track new development in the community by type and location.

(7) Direct a minimum of 75% of new municipal growth-related capital investments into designated growth areas identified in the Future Land Use Plan.

(8) Periodically (at least every five years) evaluate implementation of the plan in accordance with Section 2.7.

5. Criteria for Growth Area Exemptions

A. Severe Physical Limitations

The Future Land Use Plan need not identify growth areas if the plan demonstrates that it is not possible to accommodate future residential, institutional, commercial, or industrial growth because of severe physical limitations, including, without limitation, the lack of adequate water supply and sewage disposal services, very shallow soils, or limitations imposed by critical natural resources.

To be considered for a growth area exemption because of severe physical limitations, the Future Land Use Plan must clearly indicate the physical limitation and the rationale for the exemption, based on one or more of the following three criteria:

(1) Water delivery and sewage disposal limitations. To qualify under this criterion, the Future Land Use Plan shall include descriptions of existing water delivery system(s) and sewage disposal system(s), including an analysis of the current capacity of the system(s) and potential for service expansion or introduction of such services. This discussion must also include descriptions and maps of aquifers in the planning area, and a description of how these aquifers relate to future capacity to serve as water supply.

(2) Soils. Description of soils types and conditions (available from the Natural Resources Conservation Service and the Maine Geological Survey), including the presence of ledge or steep slopes. This discussion must also describe the limitations of these soils related to wastewater disposal [pursuant to Maine Subsurface Wastewater Disposal regulations (10-144 CMR 241)], and describe how these soil limitations make designation of any growth areas in the community with densities in the range of 20,000 to 80,000 square feet impractical.

(3) Critical natural resources. Description of critical natural resources, with accompanying map(s) detailing the location of those resources. Based on this information, this discussion must also include a description of the constraints placed on future development by critical natural resources, alone or in conjunction with other physical limitations.

B. Minimal or No Growth

The Future Land Use Plan is not required to identify growth areas for residential, institutional, commercial or industrial growth if it demonstrates that the community or region has experienced minimal or no residential, institutional, commercial, or industrial development over the past decade and this condition is expected to continue over the planning period. Communities that have adopted growth caps or rate-of-growth ordinances are not eligible for a growth area exemption.

For consideration of a growth area exemption because of minimal residential, institutional, commercial, or industrial development, the Future Land Use Plan must clearly indicate the rationale for the exemption according to the type of exemption, as described below:

(1) Residential growth area exemption. For both the preceding 10-year period and the projected planning period, the Future Land Use Plan must include: the community’s population; the number of households; and the average household size. Based on this information, the Future Land Use Plan must demonstrate that the community has experienced minimal or no residential development as defined in Section 1.2(CC) and expects such a trend to continue.

(2) Commercial/Institutional growth area exemption. The Future Land Use Plan must include: information on the type and amount (square footage) of institutional or commercial development that occurred in the community during the preceding 10-year period, and a discussion of the type and amount of institutional or commercial development that is likely during the projected planning period. Based on this information, the Future Land Use Plan must demonstrate that the community has experienced minimal or no commercial/ institutional growth, as defined in Section 1.2(AA), and expects such trends to continue.

(3) Industrial growth area exemption. The Future Land Use Plan must include: information on the type and amount (square footage) of industrial development that occurred in the community during the preceding 10-year period, and a discussion of what type and amount of industrial development is likely during the projected planning period. Based on this information, the Future Land Use Plan must demonstrate that the community has experienced minimal or no industrial development, as defined in Section 1.2(BB), and expects such a trend to continue.

C. Lack of a Village or Densely Populated Area

The Future Land Use Plan is not required to identify growth areas for residential, institutional, commercial, or industrial growth anywhere in the community if it demonstrates that the community or region growth patterns do not include a village center or other densely populated area, and that no such areas are expected over the planning period.

For consideration of a growth area exemption because of the absence of a village or densely populated area, the Future Land Use Plan must discuss the manner in which the community intends to remain a rural community. As part of this discussion, the Future Land Use Plan must describe the rationale for the exemption, and must meet the following three criteria:

(1) Except for shoreland zones, the community has no land areas with residential dwelling densities greater than one unit per two acres within an area encompassed by any 500-foot radius; and

(2) The community has no land areas with village characteristics, such as a compact mix of commercial, civic, and residential development or a mix of housing types; and

(3) The community has no municipal or quasi-public water or wastewater systems.

History

• STATUTORY AUTHORITY: 30-A M.R.S.A. §§ 4312(4) and 4347-A (3-A)
• EFFECTIVE DATE: September 20, 2007 – filing 2007-403
• AMENDED: August 6, 2011 – filing 2011-256
• AMENDED: WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 07-105 C.M.R. Ch. 208) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 2 Methodology for Identification of Regional Service Centers (formerly 07-105 C.M.R. Ch. 220)

Code Me. R. 08-002 Ch. 2 METHODOLOGY FOR IDENTIFICATION OF REGIONAL SERVICE CENTERS (formerly 07-105 C.M.R. Ch. 220) {#sec-08-002-ch.-2 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-002 Ch. 2}

SUMMARY. This chapter details the methodology that the State Planning Office will use to identify service center communities pursuant to 30-A M.R.S.A. §4301, sub-§14-A.

SECTION 1. PURPOSE AND DEFINITIONS

1. PURPOSE

The purpose of this rule is to specify the information and methods that the office will use to identify municipalities and, under certain circumstances, parts of municipalities that serve as regional service centers and are thus identified as service center communities in accordance with 30-A M.R.S.A. §4301, sub-§14-A.

2. DEFINITIONS

As used in this rule, the following terms have the following meanings:

A. “Census designated place” means a portion of a municipality that

(1) the United States Bureau of the Census defined as a census designated place based on the most recent decennial census;

(2) has a densely settled population center with a definite residential core with a density of 1,000 or more persons per square mile; and

(3) includes commercial, industrial or other urban land uses.

B. “Consumer retail sales” means taxable sales of general consumer goods as identified by Maine Revenue Services and includes, but is not limited to, sales of clothing, motor vehicles, furniture, items of general merchandise, and meals and lodging.

C. “Employment center index” means the ratio of the number of jobs in a municipality in which there are 500 or more jobs that are held by workers from more than 20 other municipalities, as determined by the United States Bureau of the Census, to the number of workers that reside in that municipality.

D. “Federally assisted housing” means a building or buildings comprised of two or more residential housing units whose construction was financed in whole or in part with federal funds, including, but not limited to, funds provided by the United States Department of Agriculture’s Rural Housing Assistance Program and the United States Department of Housing and Urban Development, and in which a portion of the units are leased at a subsidized rate to persons or households whose income is below an established amount specified by federal or state law, as well as rental housing in a privately-owned building where the rent is paid in part by the Section 8 housing choice voucher program administered by the United States Department of Housing and Urban Development pursuant to 24 CFR Part 982.

E. “Housing services index” means the ratio of the percentage of housing units in a municipality that are federally assisted housing to the statewide average for all municipalities of the percentage of housing units that are federally assisted housing.

F. “Income” means per capita income or median household income in a municipality as determined by the United States Bureau of the Census, or, if recent census data is not available, by another source that the office deems reliable and accurate.

G. “Index to state average” means to calculate a ratio by comparing a municipal value to a statewide average value, where the statewide average value is represented as 1.0 and the municipal value is represented proportionally as a decimal greater than, less than or equal to 1.0, as compared with the statewide average value.

H. “Job” means an employment opportunity identified by place of work data compiled by the United States Bureau of the Census or by covered employment by place of work files maintained by the Maine Department of Labor.

I. “Jobs-to-workers ratio ” means the ratio of the number of jobs in a municipality to the number of workers that reside in that municipality.

J. “Median” means the numerical value at which half of the cases in a category are greater than and half less than that numerical value.

K. “Municipality” means a city or town within the State.

L. "Office" means the State Planning Office.

M. “Regional service center” means a “service center community” as defined by 30‑A M.R.S.A. §4301, sub-§14-A that is identified by the office pursuant to Section 2 of this chapter.

N. “Service sector index” means the ratio of service sector jobs in a municipality as compared to the statewide average for municipalities.

O. “Service sector job” means a job typically found in concentrations in a few municipalities rather than widely dispersed among many municipalities that involves provision of services of a regional nature, including jobs in the following North American Industry Classification System (NAICS) categories as used by the United States Department of Labor:

(1) Higher education institutions, libraries, museums, and related educational or cultural resources services (NAICS 611310, 611210, 519120, 611430, 611512, 611519, 611610, 611620, 611630, 611691, 611692, 611699, 611710, 712110, 712120, and 712130, 712190);

(2) State, federal and county government offices (NAICS 237310, 921190, 922110, 922120, 922130, 922140, 922160, 922190, 923110, 923120, 923130, 926110, 926120, 488111, 926140, 928120);

(3) Hospitals and health care facilities, including nursing and residential care facilities, health clinics, and health care professionals (NAICS 621111, 621112, 621491, 621493, 621210, , 621310, 621320, 621391, 621330, 621340, 621399, 623110, 623210, 623220, 623311, 622110, 622210, 622310, 621511, 624512, 339116, 621610, 621492, 624410, 621420, 621498, 541430, 541922, 621991, 621999, and 623312, 623990);

(4) Social services primarily in non profit agencies providing social services (NAICS 624110, 624120, 624190, 624210, 624221, 624229, 624230, 624310, 624410, 813212, 813219, 813311, 813312, 813319); and

(5) Professional services, including legal services, engineering services, research and testing facilities and related highly specialized services (NAICS 541110, 541330, 541310, 541360, 541370, 541711, 541712, 541720, 541910, 541380, 541940, and 561110, 541611, 541612, 541312, 541613, 541614, 561210, 541618, 541620, 541690).

P. “State” means the State of Maine.

Q. “Trade center index” means the ratio of annual consumer retail sales per capita in a municipality to the statewide annual average consumer retail sales per capita for all municipalities adjusted to reflect regional differences in income as provided in Section 2, subsection 1, paragraph B.

R. “Urban compact area” means that portion of a municipality that the Maine Department of Transportation has identified as a compact area of an urban compact municipality pursuant to 23 M.R.S.A §754.

S. “Workers” means persons with jobs in a given geographic area, as determined by the United States Bureau of the Census’ estimates or by the Maine Department of Labor’s estimates of employment for minor civil divisions; whichever the office determines is most current and reliable.

SECTION 2. METHODOLOGY FOR IDENTIFICATION OF REGIONAL SERVICE CENTERS

1. PREPARATION OF INDICES

The office will prepare an employment center index, trade center index, service sector index, and housing services index as follows.

A. Employment center index. The office will prepare an employment center index by:

(1) identifying those municipalities in which there are 500 or more jobs, as determined by the Maine Department of Labor or by the United States Bureau of the Census, that are held by workers from more than 20 other municipalities, as determined by the United States Bureau of the Census; and

(2) for each municipality identified pursuant to subparagraph (1), dividing the jobs-to-workers ratio for each such municipality by the statewide average ratio.

B. Trade center index. The office will prepare a trade center index for each municipality by:

(1) calculating the per capita consumer retail sales for each municipality by dividing the total amount of consumer retail sales by the municipality’s population and then indexing the per capita consumer retail sales for each municipality to the state average by dividing the per capita consumer retail sales for each municipality by the statewide average per capita consumer retail sales;

(2) indexing the income for each municipality to the statewide average income by dividing the income for each municipality by the statewide average income;

(3) calculating an income adjusted per capita consumer retail sales index by dividing, for each municipality, the per capita consumer retail sales index calculated pursuant to subparagraph (1) by the income index calculated pursuant to subparagraph (2); and

(4) dividing the income adjusted per capita consumer retail sales calculated pursuant to subparagraph (3), by the statewide average per capita consumer retail sales.

C. Service sector index. The office will index the percentage of service sector jobs in each municipality to the state average by dividing the percentage of service sector jobs in each municipality by the statewide percentage of service sector jobs.

D. Housing services index. The office will index the percentage of federally assisted housing units in each municipality to the state average by dividing the percentage of federally assisted housing in each municipality by the percentage of statewide housing units that are federally assisted housing.

2. IDENTIFICATION OF REGIONAL SERVICE CENTERS

A. Identification. Within 60 days of the final adoption of this rule, the office will identify as a regional service center:

(1) any municipality that, as determined pursuant to subsection 1 of this section, has

(a) an employment center index or trade center index of 1.0 or greater;

(b) an index of 1.0 or greater on any other index; and

(c) an index of 0.5 or greater on any additional index;

(2) a portion of any adjacent municipality that is:

(a) a census designated place or an urban compact area; and

(b) adjacent to a regional service center identified pursuant subparagraph (1), provided that the municipality in which the census designated place or urban compact area is located is party to an agreement with the regional service center to which it is adjacent to work in a cooperative manner on any project for which the municipality seeks financial or other support as a regional service center; and

(3) one or more adjacent census designated places or urban compact areas, one of which is adjacent to a census designated place or an urban compact area identified as a regional service center pursuant to subparagraph (2), provided that the municipality in which the census designated place or urban compact area identified pursuant to this subparagraph is located is party to an agreement with the neighboring regional service center identified under subparagraph (1) to work in a cooperative manner on any project for which the municipality seeks financial or other support as a regional service center.

Cooperative planning for development and implementation of projects may be facilitated by regional councils, as defined by, and is encouraged.

B. List. The office will maintain and make available in electronic format the list of municipalities identified as regional service centers pursuant to paragraph A.

3. UPDATE

The office will update every ten years the list of regional service centers maintained pursuant to subsection 2, paragraph B in accordance with the methodology detailed in this chapter. The office will publish on the internet the data and indices used to update the list.

The first update will be published in 2012.

History

• STATUTORY AUTHORITY: 30-A M.R.S.A. §4301, sub-§14-A (enacted by PL 2001 c. 90, §1)
• EFFECTIVE DATE: October 17, 2002 - filing 2002-348 (major substantive)
• FISCAL IMPACT: The rule imposes no direct costs or other economic burden on municipalities. The rule may affect a municipality’s eligibility or preferences for certain state loans, grants, and assistance. Although the rule is intended to affect distribution of certain state loans and grants, as noted above, the rule neither increases nor diminishes the amount of such funding available to municipalities.
• AMENDED: June 1, 2008 – filing 2008-193 (major substantive)
• AMENDED: WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 07-105 C.M.R. Ch. 220) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 3 Procedural Rule for Submission and Review of Zoning Ordinances (formerly 07-105 C.M.R. Ch. 201)

Code Me. R. 08-002 Ch. 3 Procedural Rule for Submission and Review of Zoning Ordinances (formerly 07-105 C.M.R. Ch. 201) {#sec-08-002-ch.-3 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-002 Ch. 3}

SUMMARY: This chapter outlines the procedures and requirements governing the submission of new and amended municipal zoning ordinances to the State Planning Office pursuant to §4347-A of the Growth Management Act (30-A M.R.S.A §4312 et seq .). Separate rules cover the substantive review criteria for zoning ordinances (Chapter 210).

SECTION 1. PURPOSE AND DEFINITIONS

1. Purpose

This rule is intended to establish procedures and requirements for the submission and review of new and amended municipal zoning ordinances developed pursuant to the requirements of the Growth Management Act (30-A M.R.S.A. §4312 et seq .). This rule:

A. defines what constitutes a complete submission of a zoning ordinance in order to allow effective review;

B. establishes procedures to allow review of submitted zoning ordinances in a timely and effective manner; and

C. establishes procedures to allow review and comment on amendments to zoning ordinances in a timely and effective manner.

2. Definitions

The following definitions shall apply when interpreting the meanings of the provisions in this chapter:

A. Act: "Act" means the Growth Management Act (30-A MRSA §4312 et seq .).

B. Amendments: "Amendments" means an amendment to a zoning ordinance that has previously been found consistent with the Act. An amendment does not include ministerial changes that do not affect the substance of the zoning ordinance, such as typographical or grammar corrections.

C. Applicable regional council: "Applicable regional council" means the council of governments, established under 30-A M.R.S.A. §§ 2311-2316, or regional planning commission, established under 30-A M.R.S.A. §§ 2321-2326, that is the authorized review agency for the regional planning and development district or subdistrict, designated under 30-A M.R.S.A. §§ 2341-2342, within which the town submitting a zoning ordinance is located.

D. Comprehensive plan: "Comprehensive plan" means a document or interrelated documents developed by a municipality in accordance with the procedural provisions of §4324 of the Act and the substantive requirements of §4326 of the Act.

E. Local growth management program: ''Local growth management program" means a set of interrelated documents that comprise a comprehensive plan and implementation program, including zoning ordinances as described in §4326, sub-§§ 1 to 5 of the Act.

F. Planning committee: "planning committee" means the committee established by the municipal officers of a municipality, or combination of municipalities, in accord with §4324, sub-§2 of the Act, which has general responsibility for a comprehensive plan.

G. Office: "Office" means the State Planning Office.

H. Zoning Ordinance: "Zoning ordinance" means a new or revised land use ordinance of general applicability in a municipality which:

(1) Divides a municipality into zoning districts and prescribes the reasonable application of different regulations in each district to encourage orderly growth and development and implement a municipality's designation of growth and rural areas in its comprehensive plan; and

(2) Has been developed by the community in accordance with the procedural provisions and the substantive requirements of 30-A MRSA §§ 4324, 4326, and 4352.

SECTION 2. PROCEDURES AND REQUIREMENTS FOR SUBMISSION OF ZONING ORDINANCES

1. Requirements for Submitting Zoning Ordinances

To be accepted by the Office for review, a submittal of a zoning ordinance must include the following:

A. The zoning ordinance (7 copies; or 3 copies and an electronic copy containing all components). Each zoning ordinance must include sections that: describe and map(s) the zoning districts, identify permissible uses, describe development standards and include permit review and approval procedures. Map(s) must have a scale and a legend.

B. A copy of the comprehensive plan upon which the ordinance is based, and that has been found by the Office to be consistent with the Act in accordance with the Office's Comprehensive Review Criteria Rule (Chapter 208).

C. A list of all the implementation strategies related to zoning that are found in the comprehensive plan.

D. Zoning ordinance submission form – obtained from the Office (2 copies). The form shall be developed by the Office and sent to the municipality to fill in and return with the following information:

(1) Name of contact person of the municipality;

(2) Location of copies of the zoning ordinance for public review; and

(3) Certification by the chief elected official and the local planning committee chairperson that the submission is complete.

E. Waiver of Requirements. The Office may grant a waiver of any of the requirements of this subsection.

2. Delivery and Acceptance of Zoning Ordinances for Review

A municipality shall deliver its Zoning Ordinance to the Office either in person or by certified mail, return receipt requested.

If the Office finds the submission to be incomplete according to the requirements of §2(A) above, it shall, within seven working days of the receipt of the material, notify the municipality's designated contact person of the deficiencies.

If the Office finds that the submission complies with all submission requirements of §2(A) above, it shall accept the submission for review. The Office shall:

A. Record the date of such acceptance,

B. Make a copy of the submission available for public inspection at the Office;

C. Send a written notice of the acceptance to the local planning committee; and

D. send a written notice of the comment period for the zoning ordinance to be posted in the Town Office or other public place in the municipality. The municipality shall promptly post a copy of the notice in all contiguous municipalities at a conspicuous public location. The notice will clearly indicate where copies of the material can be reviewed, the deadline for submitting written comments to the Office, and the address of the Office.

SECTION 3. PROCEDURES FOR ZONING ORDINANCE REVIEW

1. Review and Comment Period

The deadline for Office receipt of comments on a zoning ordinance is forty-five (45) days after the date the Office accepted the material for review. The Office has no obligation to send comments received after this deadline to the municipality, or to address such comments in the Office findings.

2. State Agency and Regional Council Review of Zoning Ordinances

A. Notification. The Office shall send written notification that a zoning ordinance has been accepted for review to the applicable regional council and interested state agencies, including, but not limited, to those listed in §4346 sub§5 of the Act.

B. Request for a copy of a Zoning ordinance. Upon the request of the agency's review coordinator, pursuant to §4347-A (3) of the Act, the Office shall send the agency a copy of the submission for review and comment, along with the following information:

(1) The name and address of the Office reviewer to whom comments should be sent;

(2) The deadline for Office receipt of comments; and

(3) The comment format called for in section 3(C) below.

3. Format of Comments

A. To be accepted by the Office, all comments submitted by a state agency, regional council, municipality, resident, or other person or organization must be written.

B. State Agency Comments. State agency comments must:

(1) Include the date the comments are sent to the Office;

(2) Identify the zoning ordinance being commented on;

(3) Identify the state agency and the name and telephone number of its designated review coordinator;

(4) Conclude whether the zoning ordinance is consistent with the agency's programs and policies and, if not, identify where there are conflicts and the seriousness of these conflicts;

(5) Recommend what measures the municipality should take to ensure that its zoning ordinance addresses the identified conflicts; and

(6) Suggest what additional measures, if any, the municipality might take to improve the quality or effectiveness of its zoning ordinance.

C. Regional Council Comments. Regional council comments shall:

(1) Include the date the comments are transmitted to the Office;

(2) Identify the proposed zoning ordinance being commented on;

(3) Identify the commenting regional council and the name and- telephone number of its principal reviewer;

(4) Conclude whether the zoning ordinance is consistent with the adopted or proposed zoning ordinances of contiguous municipalities and addresses identified regional needs and policies and, if not, identify where there are conflicts and the seriousness of these conflicts;

(5) Recommend what measures the municipality should take to ensure that its zoning ordinance addresses the identified conflicts; and

(6) Suggest what additional measures, if any, the municipality might take to improve the quality or effectiveness of its zoning ordinance.

4. Delivery of Comments to the Office

Any state agency, regional council, municipality, resident, or other person or organization that prepares written comments on a zoning ordinance shall deliver the comments to the Office either in person, by mail or by email.

Upon receiving written comments on a zoning ordinance, the Office shall record the date of receipt.

5. Office Review and Findings

A. Review Criteria. In reviewing a zoning ordinance and in preparing its findings, the Office shall apply the review criteria set forth in the goals and guidelines of the Act and in any criteria rule adopted by the Office such as 07-105 Chapter 210.

B. Consideration of Comments. In preparing the Office findings, the Office shall review and consider all written comments received by the Office within the 45-day comment period. The Office findings shall identify points on which there exist significant conflicts among the comments and shall clearly state the Office's position on such points.

6. Format of Office Findings

Office findings shall:

A. Conclude whether the zoning ordinance is consistent with the Act, including identification of any significant conflicts among the received comments regarding identified deficiencies and inconsistencies, and including clarification of the Office's conclusions regarding the points on which such conflicts exist;

B. Raise objections regarding whether the zoning ordinance is consistent with the Act;

C. Recommend what measures the municipality should take to ensure that its zoning ordinance addresses the identified deficiencies and inconsistencies, including identification of any significant conflicts among the received comments regarding recommended measures for addressing objections; and

D. Suggest what additional measures, if any, the municipality might take to improve the quality or effectiveness of its zoning ordinance beyond that required for consistency with the Act.

7. Delivery of Office Findings

The Office shall send any Office findings on a zoning ordinance, along with all written comments on the zoning ordinance received by the Office within the 45-day comment period, to the municipality and applicable regional council within 60 days after the date the Office accepted the zoning ordinance for review, or within such further time consented to in writing by the municipality's chief elected official. The Office shall deliver the findings to the municipality's designated contact person and its chief elected official, either in person or by certified mail, return receipt requested. The Office shall also send the findings to any state agency upon request.

SECTION 4. PROCEDURES AND REQUIREMENTS FOR SUBMISSION AND REVIEW OF AMENDMENTS TO ZONING ORDINANCES

1. Municipalities may submit and the Office shall review amendments to zoning ordinances in the same manner as described in Sections 1 through 3 above, except that Section 2(B) shall not apply.

2. To be accepted by the Office for review, a submission of amendments to zoning ordinances must include the following:

A. The amendments (7 copies; or 3 copies and an electronic copy containing all components). The actual text of the amendments must be submitted to the Office. All amendments must be clearly marked "Amendments to (name of original document)" and indicate the date of the amendment. The submission must clearly indicate all additions and deletions to the document (by underlining, sidebars, strikeovers, or highlights). Proposed changes to the zoning map must also be included.

B. A summary of the proposed amendments (2 copies). The summary shall note the purpose and intent of all amendments, including amendments not made in response to the Office review. The summary should reference the page number of the text of the amendment.

C. Zoning ordinance amendment submission form – obtained from the Office (2 copies). The form shall be developed by the Office and sent to the municipality to fill in and return with the following information:

(1) Name of contact person of the municipality;

(2) Location of copies of the zoning ordinance for public review; and

(3) Certification by the chief elected official and the planning committee chairperson that the submission is complete.

6. Waiver of Requirements. The Office may grant a waiver of any of the requirements of this subsection.

History

• STATUTORY AUTHORITY: 30-A M.R.S.A. §§ 4312(4) and 4347-A(3)
• EFFECTIVE DATE: January 22, 1990
• AMENDED: July 25, 1991 (EMERGENCY)
• AMENDED: February 17, 1993
• AMENDED: September 20, 2007
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 22, 1996
• AMENDED: September 20, 2007 – filing 2007-401
• APAO ACCESSIBILITY CHECK: August 18, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 07-105 C.M.R. Ch. 201) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 4 Procedure Rule for Submittal and Review of Municipal Growth Management Programs for a Certificate of Consistency (formerly 07-105 C.M.R. Ch. 205)

Code Me. R. 08-002 Ch. 4 SUBMISSION AND REVIEW OF MUNICIPAL GROWTH MANAGEMENT PROGRAMS FOR A CERTIFICATE OF CONSISTENCY (formerly 07-105 C.M.R. Ch. 205) {#sec-08-002-ch.-4 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-002 Ch. 4}

SUMMARY: This chapter outlines the procedural submittal requirements and establishes the criteria used by the State Planning Office during the review of municipal growth management programs for an award of a Certificate of Consistency with the goals and guidelines of the Maine's Growth Management Act (30-A M.R.S.A. §4312 et seq .).

Section 1. Purpose

This rule has two purposes:

1. The rule establishes the procedural requirements for the voluntary submissions of municipal growth management programs to the State Planning Office (hereinafter "the Office") for review for an award of a certificate of consistency pursuant to the requirements of the Growth Management Act (30-A MRSA §4312 et seq .), hereinafter "the Act."

2. The rule establishes the criteria the Office uses to review municipal growth management programs submitted by municipalities that seek a certificate of consistency under the Act. The objective of the review is to determine whether a municipality's growth management program, in its totality, is consistent with the Act.

Section 2. Definitions

The following definitions shall apply in this chapter unless the context otherwise requires:

A. Act: "Act" means the Comprehensive Planning and Land Use Regulation Act (30-A MRSA §4312 et seq.).

B. Capital Improvement Program (CIP): "Capital Improvement Program" means a document or interrelated documents developed by a municipality that includes:

a) an assessment of all public facilities and services, such as, but not limited to, transit facilities, bike paths, roads, sewers, schools (insofar as the municipality is solely responsible for these costs - see note below), parks and open space, and fire and police services;

b) a multi-year plan for the maintenance, replacement and expansion of existing public facilities or the construction of such new facilities as are required to meet planned growth and economic development, including projections of when and where such facilities will be required; and

c) an assessment of the anticipated costs for maintenance, replacement, expansion, or construction of public facilities, an identification of revenue sources available to meet these costs, recommendations for meeting costs required to implement the program, and an implementation schedule.

The Capital Improvement Program, as compared to the preliminary Capital Investment Plan, is a more detailed working document sufficient for annual budgeting for the needed capital improvements.

[ NOTE: The Office recognizes that a municipality, when contributing to a School Administrative District (SAD) together with several other neighboring communities, may not have control over the capital improvements programming for those facilities. Nevertheless, the Office does require a municipality to reasonably anticipate the possibilities during the planning period in its own capital improvements programming, and then (to the extent that they have input into the SAD budget) address cooperation with the SAD.]

C. Capital Investment Plan (CInP): "Capital Investment Plan" means a plan which establishes a framework for programming and financing those new or expanded public service facilities that are needed to accommodate projected growth and development and that constitute major capital improvements for which the municipality has fiscal responsibility. The CINP should set forth general funding priorities among the needed municipal capital improvements, and must also identify potential funding sources and financing mechanisms.

D. Certificate of Consistency: "Certificate of consistency" or the terms "certification," "certified," "certified Growth Management Program" or "certified program" used as its equivalent, means a certificate issued by the Office to a municipality finding that its growth management program is consistent with the goals and guidelines of the Act.

E. Comprehensive Plan: "Comprehensive Plan" means a document or interrelated documents developed by a municipality in accordance with the procedural provisions of §4324 of the Act and with the intent of complying with the substantive requirements of §4326, sub-§1 to sub-§4 of the Act. As used in this rule, a "comprehensive plan" or "plan" shall mean the adopted municipal comprehensive plan which has been reviewed and commented on by the Office in accordance with the Act, and which is designated by the submitting municipality as the comprehensive plan upon which its zoning ordinance and other elements of its growth management program are based.

F. Consistent comprehensive plan: "Consistent comprehensive plan" means a municipal comprehensive plan reviewed by the Office and determined by the Office to be consistent with the Act and the guidelines and standards established in Chapter 202, the Comprehensive Plan Review Criteria Rule.

G. Consistent zoning ordinance: "Consistent zoning ordinance" means a municipal zoning ordinance reviewed by the Office and determined by the Office to be consistent with the Act and the guidelines and standards established in Chapter 210, the Zoning Ordinance Review Criteria Rule.

H. Growth management program: "Growth management program" means a comprehensive plan and all implementation measures, including zoning ordinances and other regulatory and non-regulatory measures, adopted to implement the plan as described in §4326, subsections 1 to 5 of the Act.

I. Subdivision Ordinance: "Subdivision ordinance" means a land use ordinance of general applicability in a municipality which establishes the requirements for regulating subdivisions as defined in 30-A M.R.S.A. §4401(4) and is enacted in accordance with and is consistent with the provisions of 30-A M.R.S.A. §§4401-4407. Within the context of this rule, a subdivision regulation adopted by the municipal reviewing authority of a municipality has the same meaning as a subdivision ordinance.

J. Zoning ordinance: "Zoning ordinance" means a new or revised land use ordinance of general applicability in a municipality which:

1. divides a municipality into districts and that prescribes and reasonably applies different land uses and/or regulations in each district, and

2. has been developed by the municipality in accordance with the procedural provisions of §4324 of the Act, and with the intent of complying with the substantive requirements of §4326 of the Act and any rules pursuant thereto.

[ NOTE: A municipality's program may use alternative regulatory techniques to encourage orderly growth and development and implement a municipality's designation of growth and rural areas and other relevant goals and policies in its comprehensive plan.]

Section 3. Procedural Requirements for Growth Management Program Submission for a Certificate of Consistency

A. Receiving Growth Management Programs

A growth management program submitted to the Office will be considered "received" for the purposes of determining the 90-day review period established by §4348, sub-§1, paragraph B of the Act, when the Office has received a submission that is complete and complies with the procedural requirements of this section.

B. Requirements for Submitting Growth Management Programs

In order to be considered for a certificate of consistency for its local growth management program, a municipality must submit the following growth management program elements to the Office for review:

1. A consistent comprehensive plan that has been adopted by the municipal legislative body (1 copy).

2. A consistent zoning ordinance that has been adopted by the municipal legislative body (1 copy).

3. A capital improvement program that has been reviewed by the municipal legislative body as part of the official budgetary process (1 copy).

4. A report in the format provided by the Office concerning the status of the municipality's implementation program as defined in its comprehensive plan. The report shall include a listing of implementation measures contained in the comprehensive plan that are scheduled for completion as of the date of the municipality's request for a certificate of consistency. These measures may include local ordinances regulating land use, but are not limited to:

a.) subdivision ordinance,

b.) shoreland zoning ordinance,

c.) floodplain management ordinance, and

d.) site plan review ordinance.

The Office may request the municipality to submit for review these and other local ordinances deemed by the Office to be related to, and a significant component of, the municipality's growth management program as identified in its comprehensive plan.

5. Proof of compliance with the Municipal Code Enforcement Officer Certification requirements (30-A M.R.S.A. §4451(5)).

6. A completed growth management program submission form - to be supplied by the Office. The form shall be developed by the Office and sent to the municipality to fill in and return with the following information:

a) name of contact person of municipality,

b) location of copies of the growth management program and the times when the growth management program is available for public review, and

c) certification by the chief elected official that the submission is complete.

[ NOTE: It is expected that each municipality's local growth management program will contain a variety of measures, both regulatory and non-regulatory, that the municipality has chosen to implement its comprehensive plan. Regulatory measures may include, but are not limited to, aquifer protection, site plan review and impact fee ordinances. Examples of non-regulatory measures include downtown redevelopment and public facilities improvements to attract development to growth areas, and establishment of a local land trust to acquire important open space areas.]

If certain measures called for in the comprehensive plan's implementation program are incomplete at the time of submission to the Office, they should be so indicated at the time of submission, along with an explanation as to the cause and nature for the delay, a schedule for their completion, and a statement whether these measures are essential for the program to successfully address the goals and guidelines of the Act.

The Office may grant a waiver of the requirements of this subsection pertaining to the number of copies of a plan or ordinances to be submitted or other similar technical requirements. For example, if a municipality has recently submitted a comprehensive plan or ordinance for review, to which no changes have been made, the Office may delete those items as part of the submission requirements, and would use the recent versions for review for program consistency.

C. Delivery and Acceptance of Growth Management Programs For Review

1. Incomplete Submitted Materials.

If the Office finds the submission to be incomplete according to the requirements of Section 3(B) above, it shall, within seven (7) working days of receipt of the material, notify the municipality's designated contact person of the deficiencies.

2. Acceptance of Submitted Material for Review.

If the Office finds that the submission complies with all submission requirements of Section 3(B) above, it shall accept the submission for review. The Office shall:

a. record the date of such acceptance,

b. make a copy available of the submission for public inspection at the Office,

c. send a written notice of the acceptance to the municipality,

d. send a written notice of the comment period for the growth management program under review to be posted in the Town Office and in other conspicuous public places in the municipality. The notice will clearly indicate where and when copies of the materials can be reviewed, the deadline for submitting written comments to the Office and the address of the Office,

e. send a written notice of the comment period for the growth management program under review to be posted in the Town Office or other conspicuous public place of all contiguous communities. The notice will clearly indicate where and when copies of the materials can be reviewed, the deadline for submitting written comments to the Office and the address of the Office.

f. send a written notice that a growth management program has been accepted for review to the applicable regional council and interested State agencies, including, but not limited to, those State agencies listed in §4346 subsection 5 of the Act.

Section 4. Procedures for Growth Management Program Review for a Certificate of Consistency

A. Review and Comment Period

The deadline for Office receipt of comments on a growth management program under review for a certificate of consistency shall be forty-five (45) days after the date the Office accepted the materials for review. The Office has no obligation to send comments received after this deadline to the municipality, or to address such comments in the Office's findings.

B. State Agency and Regional Council Review

1. Upon the request of the State agency's and/or regional council's review coordinator, the Office shall send a copy of the submission materials for review and comment, along with the following information:

a. the name and address of the Office reviewer to whom comments should be sent,

b. the deadline for Office receipt of comments, and

c. the comment format called for in section 4(C), below.

C. Format of Comments

1. To be accepted by the Office, all comments submitted by a State agency, regional council, municipality, resident, or other person or organization must be written.

2. State Agency comments shall:

a. Include the date the comments are sent to the Office, identify the growth management program commented on, and identify the State agency and the name and telephone number of the agency's review coordinator;

b. Identify any areas where the growth management program is inconsistent with the agency's programs and policies, or relevant statutory requirements;

c. Recommend measures the municipality should take to ensure that its growth management program addresses the identified inconsistencies; and

d. In general, be limited to portions of the municipality’s growth management program for which the opportunity to comment has not previously been provided. State agency comments on previously submitted sections of the municipality's growth management program should be consistent with comments made and received by the Office at the time of the initial review opportunity, unless statutory or regulatory requirements have changed since the time of the initial review.

3. Regional Council Comments shall:

a. Include the date the comments are sent to the Office, identify the growth management program commented on, and identify the regional council and the name and telephone number of the regional council's review coordinator;

b. Identify any areas where the program is inconsistent with the adopted or proposed growth management programs, or elements of adopted or proposed growth management programs, of contiguous municipalities and/or regional policies and programs;

c. Recommend measures the municipality should take to ensure that its growth management program addresses the identified inconsistencies; and

d. In general, be limited to portions of the municipality's growth management program for which the opportunity to comment has not previously been provided. Regional council comments on previously submitted sections of the municipality's growth management program should be consistent with comments made and received by the Office at the time of the initial review opportunity.

D. Office Review and Findings

1. Review Criteria. In reviewing a growth management program the Office shall apply the review criteria set forth in the goals and guidelines of the Act and any criteria adopted by the Office, including, but not limited to, "Procedural Rule for Submittal and Review of Municipal Comprehensive Plans and Zoning Ordinances" (Chapter 201), "Comprehensive Plan Review Criteria Rule" (Chapter 202), "Subdivision Ordinance Review Criteria Rule" (Chapter 203), "Zoning Ordinance Review Criteria Rule" (Chapter 210), and this Chapter.

2. Consideration of Comments. In preparing the Office's findings, it shall review and consider all written comments received by the Office within the 45-day comment period. The Office findings shall identify points on which there exist significant conflicts among the comments and shall clearly state the Office's position on such points. All copies of comments provided to the Office shall be made available to the municipality whose growth management program is being reviewed.

E. Format of Office Findings

Office findings shall:

1. Determine, and, as appropriate, explain whether the municipality's growth management program is consistent with the goals and guidelines of the Act, and criteria adopted by the Office.

2. Recommend measures the municipality should take to complete any scheduled elements of its implementation program that are as yet incomplete or completed in a manner inconsistent with the Act or the municipality's comprehensive plan.

F. Delivery of Office Findings to the Municipality, Applicable Regional Councils, and State Agencies

The Office shall send its findings, along with all written comments on the program received by the Office within the 45-day comment period, to the municipality and applicable regional council within 90 days after receiving a complete request for review of the program or within such further time mutually agreed upon between the Office and the municipality. The Office shall send the findings to the municipality's designated contact person and its chief elected official. The Office shall also send the findings to any State agency or other person upon request.

Section 5. Criteria for the Review of Growth Management Programs

A. Comprehensive Plan, Zoning and Subdivision Ordinances

All comprehensive plans, zoning ordinances, and subdivision ordinances will be reviewed based upon the criteria established under "Procedural Rule for Submittal and Review of Municipal Comprehensive Plans and Zoning Ordinances" (Chapter 201), "Comprehensive Plan Review Criteria Rule" (Chapter 202), "Subdivision Ordinance Review Criteria Rule" (Chapter 203), "Zoning Ordinance Review Criteria Rule" (Chapter 210), this Chapter, and the adopted comprehensive plan.

B. Capital Improvement Program

In order to be consistent with the Act, the capital improvement program (as defined in Section 2(B) above) should reasonably reflect priorities stated in the Capital Investment Plan (as defined in Section 2(C) above). The Office recognizes that changes in priorities and needs will occur, and these changes shall be explained as part of the municipality's submission.

C. Other Implementation Program Measures

In order to be consistent with the Act, implementation measures must be:

1. Consistent with and supported by the municipality's comprehensive plan, which has been found by the Office to be consistent with the Act and applicable rules;

2. Consistent with the goals and guidelines of the Act;

3. Consistent with the municipality's zoning ordinance and other implementation measures indicated in the comprehensive plan; and

4. Consistent with other laws governing local land use. Such laws include, but may not be limited to, the following:

a) Forest Practices Act (12 MRSA §§8867 - 8869)

b) Gravel Excavation (30-A MRSA §3105)

C) Zoning Ordinances (30-A MRSA §4352)

d) Subdivision Law (30-A MRSA §§4401- 4407)

e) Manufactured Housing Act (30-A MRSA §§4358)

f) Enforcement of Land Use Regulations (30-A MRSA §§4451- 4452)

g) Mandatory Shoreland Zoning Act (38 MRSA §§435 - 449)

h) Natural Resources Protection Act (38 MRSA §§480-A - 480-X)

i) Site Location of Development Act (38 §481- 490)

j) Endangered Species Act (12 U.S.C. §7751 - 7758)

k) National Flood Insurance Program Act (42 U.S.C. §4001 - 4128)

In addition, the program may include a range of non regulatory activities which can include public access strategies, establishment of "greenbelts," alternative transportation strategies, and open space retention strategies.

Section 6. Recertification

Certification of a local growth management program shall be valid for five (5) years, and does not lapse in any year in which the Legislature does not appropriate funds to the Office for the purposes of receiving programs for recertification. To maintain certification for an additional five year period, a municipality shall maintain its growth management program and submit to the Office all revisions, including but not limited to changes resulting from new, or anticipated, growth and development as well as changes in the implementation schedule of the growth management program.

For recertification, the program must be submitted to the Office for review and certification in the same manner as the initial growth management program in accordance with this Chapter. In addition, as part of the recertification process, the municipality shall submit to the Office a self-evaluation of the municipality's growth management program that will be used to determine how successfully the municipality's comprehensive plan strategies have addressed each of the applicable State and local goals contained in the comprehensive plan.

For each goal, the municipality shall:

A. Describe which implementation strategies were intended to promote the purposes of the goal;

B. Evaluate the effectiveness of these strategies (in quantitative terms, if appropriate) in achieving the goal; and

C. If applicable, describe the reason(s) for the strategy's ineffectiveness in achieving the goal, and recommend additional or alternative strategies to address the goal.

A form shall be provided by the Office and shall be used by the municipality to link each goal to the municipality's policies and implementation strategies.

Section 7. Scope of Review

The scope of the Office's review, and of this rule, is limited to those aspects of the local growth management program which are relevant to the goals and guidelines of the Act. It is not the purpose of the Office's review to provide a comprehensive determination of legal sufficiency. Also outside of the purview of the Office's review for consistency are provisions which may be necessary in order for the program to be legally valid, but which are not directly related to the goals and guidelines of the Act or are unlikely to have a direct bearing on the issue of effectiveness in implementing the policies and strategies in the plan. The municipality remains responsible for these matters of form and legal sufficiency and for the overall integrity and effectiveness of program components.

Notwithstanding the Office's limited scope of review, serious omissions and weaknesses which would affect the success of the program, and hence its effectiveness in implementing the plan, may provide a basis for denying certification.

Section 8. Eligibility for the state aid, grants and assistance

When awarding grants or assistance under any of the following programs, State agencies shall give preference to a municipality that receives a Certificate of Consistency over a municipality that does not obtain the certification within 4 years after receipt of the first installment of a financial assistance grant or rejection of an offer of financial assistance.

A. Programs that assist in the acquisition of land for conservation, natural resource protection, open space or recreational facilities under Title 5, chapter 353;

B. Community development block grants; and

C. Programs intended to:

(1) Accommodate or encourage additional growth and development;

(2) Improve, expand or construct public facilities;

(3) Acquire land for conservation, recreation or resource protection; or

(4) Assist in planning or managing specific economic and natural resource concerns.

This prioritization does not apply to state aid, grants or other assistance for sewage treatment facilities, public health programs or education.

History

• STATUTORY AUTHORITY: 5 M.R.S.A. §13058(3)
• EFFECTIVE DATE: April 20, 1997
• EFFECTIVE DATE: WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025
• EFFECTIVE DATE: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 07-105 C.M.R. Ch. 205) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 5 Subdivision Ordinance Review Criteria Rule (formerly 07-105 C.M.R. Ch. 203)

Code Me. R. 08-002 Ch. 5 SUBDIVISION ORDINANCE REVIEW CRITERIA RULE (formerly 07-105 C.M.R. Ch. 203) {#sec-08-002-ch.-5 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-002 Ch. 5}

SUMMARY: This Chapter establishes the criteria the State Planning Office uses to review municipal subdivision ordinances for consistency with the goals and guidelines of the Comprehensive Planning and Land Use Regulation Act (30-A M.R.S.A. §4312 et seq .). The office uses this rule to review the subdivision ordinance component of local growth management programs for which certification has been requested under §4348.

SECTION 1. PURPOSE

The primary purpose of this rule is to establish the criteria the State Planning Office (hereinafter "the office") uses to review municipal subdivision ordinances under the Comprehensive Planning and Land Use Regulation Act (30-A M.R.S.A. §4312 et seq .). The objective of the review is to judge whether a municipality's subdivision ordinance is consistent with the Act. If a municipality requests certification of its local growth management program under §4348 of the Act, the Office also uses this rule to review the subdivision ordinance component of that program.

SECTION 2. DEFINITIONS

The following definitions shall apply when interpreting the provisions in this chapter:

A. Act: "Act" means the Comprehensive Planning and Land Use Regulation Act (30-A M.R.S.A. §4312 et seq .).

B. Comprehensive plan: "Comprehensive plan" means a document or interrelated documents developed by a municipality in accord with the procedural provisions of §4324 of the Act and with the intent of complying with the substantive requirement of §4326, sub-§§ l to 4 of the Act. As used in this rule, a "comprehensive plan" or "plan" shall mean the municipal comprehensive plan which has been reviewed and commented on by the Office in accordance with the Act, and which is designated by the submitting municipality as the comprehensive plan upon which its subdivision ordinance and growth management program is based.

C. Subdivision Ordinance: "Subdivision ordinance" means a land use ordinance of general applicability in a municipality which establishes the requirements for regulating subdivisions as defined in 30-A M.R.S.A. §4401(4) and is enacted in accordance with and is consistent with the provisions of 30-A M.R.S.A. §§ 4401-4407. Within the context of this rule, a subdivision regulation adopted by a municipality has the same meaning as a subdivision ordinance.

D. Unique natural areas: "Unique natural areas" means, but is not limited to, any one of the following:

1. areas registered as a Critical Area pursuant to 5 M.R.S.A. §§ 13076-13078;

2. areas designated as a National Natural Landmark pursuant to the National Park Service's National Natural Landmark Program;

3. occurrences of endangered, threatened, or rare plants, animals, and natural communities identified by the Maine Natural Areas Program or the Department of Inland Fisheries and Wildlife; and

4. "fragile mountain areas", as defined in the Natural Resources Protection Act (38 M.R.S.A. §480-B(3)).

E. Historic sites: "Historic sites" means any site, structure, district or archaeological site included on or deemed eligible by the Maine Historic Preservation Commission for listing on the National Register of Historic Places; has been designated by municipal ordinance, or which is established by qualified testimony. (30-A M.R.S.A. §4404 (8))

F. Floodplain: "Floodplain" means land having a one percent or greater chance of flooding in any given year, as specifically identified by the Federal Emergency Management Agency in its most-current "Flood Hazard Boundary Map" or "Flood Insurance Rate Map."

G. Transportation Demand Management: Transportation Demand Management (TDM) is a transportation planning process aimed at relieving traffic congestion. TDM actions can be classified into three categories:

1. actions that promote alternatives to the automobile;

2. actions that encourage more effective use of alternative transportation systems; and

3. actions that discourage automobile use.

SECTION 3. CONSISTENCY WITH THE ACT

In order to be consistent with the Act, a subdivision ordinance must be determined to be:

A. Consistent with the goals and guidelines of the Act (§4312(3) and §4326(3)); and

B. Consistent with other state laws which may impose limitations on local land use authority. Such laws include, but are not limited to, the following:

1. Subdivision Law (30-A M.R.S.A. §§ 4401-4407)

2. Site Location of Development Act (38 M.R.S.A. §§ 481-490)

3. Mandatory Shoreland Zoning Act (30-A M.R.S.A. §§ 435-449)

4. Manufactured Housing Act (30-A M.R.S.A. §4358)

5. Forest Practices Act (12 M.R.S.A. §§ 8867-8869)

SECTION 4. REQUIRED ELEMENTS OF THE SUBDIVISION ORDINANCE

( NOTE: The Office strongly advises municipalities to consult the Model Subdivision Regulations (March 1991 and as amended) prepared by the Southern Maine Regional Planning Commission as a guide in preparing local ordinances or regulations. Copies are available from the Department of Economic and Community Development and Regional Councils.]

A. Standard: The subdivision ordinance must be internally consistent, sufficiently complete and contain provisions sufficient to allow the office to determine whether the ordinance will effectively promote the purposes and goals of 30-A M.R.S.A. §§4401-4407, the Act, and the municipality's comprehensive plan found by the Office to be consistent with the Act.

B. Elements Required: In order to be consistent with the comprehensive plan, the subdivision ordinance must contain those provisions which, as specified in the plan, were to be included in the subdivision ordinance. The following elements must be contained within a municipal subdivision ordinance in order to be judged consistent with the Act:

1. Statement of purpose and authority

2. Definition of terms unique to the subdivision ordinance

3. Submittal and review requirements for preliminary and final subdivision plans

4. Inspection and enforcement procedures

5. Requirements for performance guarantees

6. Performance standards for the following (appropriate review criteria in the Subdivision Law are referenced):

7. Financial and technical capacity Standards ensuring that subdividers have adequate financial and technical capacity to meet all ordinance standards.

8. Groundwater Protection & Drinking water supply Standards specifying that the development will not degrade the existing groundwater quality below levels outlined in the State of Maine Rules relating to drinking water, 10-144A CMA 231. If the existing groundwater quality is inferior to the standards provided in the Drinking Water Rules, the development will not further degrade the water quality. Adequate provision must be made to secure and maintain a healthful water supply without unreasonable adverse impact on the quantity or quality of groundwater or existing or potential drinking water supplies. (30-A M.R.S.A. §4404(2))

9. Soil types and erosion and-sedimentation control Standards for employing best management practices as specified in the publication, Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices (March 1991), incorporated by reference, unless alternate measures are approved by the municipality that meet the following standards.

Sediment must be removed from runoff before it leaves the development site. Suitable erosion control measures must be in place prior to any disturbance of soil. Any temporary or permanent structure designed to convey water must limit water flow to a non-erosive velocity. Exposed areas of disturbed land will be limited to the shortest time period possible. (30-A M.R.S.A. §4404(4))

4. Standards ensuring that subdivisions will be built on soil types which are suited to the proposed use of the subdivision.

5. Transportation and Traffic control Standards specifying that traffic patterns in the subdivision are safe and ensure adequate turning and maneuvering space and smooth traffic flow. Municipal standards for road design must be enacted. Standards should provide safe and convenient access by bicyclists and pedestrians. For subdivisions on existing or planned transit routes, the local ordinance should include standards for safe and convenient access by bicyclists and pedestrians to transit stops.

For subdivisions proposed in rural areas, standards to ensure that roads and intersections in the vicinity of the subdivision will handle, safely and conveniently, the traffic attributable to the proposed development, giving preference to Transportation Demand Management measures if congestion problems are anticipated. (30-A M.R.S.A. §4404(5))

6. Sewage disposal Standards specifying that if sewage is to be disposed of at a treatment facility, adequate capacity must be insured. Standards should also ensure that subdivisions will not cause an unreasonable burden on municipal services if they are utilized. If sewage is to be disposed on site, by a subsurface system, all provisions of the State Plumbing Code must be met and a permit obtained. (30-A M.R.S.A. §4404(6))

7. Solid waste Standards that require on-site disposal of demolition, construction and clearing debris meet applicable Maine Solid Waste Management Regulations, 06-096 CMR 400-409. Standards should ensure that solid waste will be disposed at a licensed facility. Standards should also ensure that subdivisions will not cause an unreasonable burden on the municipality's ability to dispose of solid waste, if municipal services are to be used. (30-A M.R.S.A. §4404(7))

8. Historic sites Standards that require that new subdivisions not adversely affect the preservation of historic sites. (30-A M.R.S.A. §4404(8))

9. Significant wildlife habitat, unique natural areas, streams, wetlands and surface waters. Standards that require significant wildlife habitat, unique natural areas, streams, wetlands and surface waters to be mapped.

Standards that ensure that the physical, biological, and chemical properties of coastal, forested and freshwater wetlands, great ponds, rivers, streams and brooks as defined in 38 M.R.S.A.§480-B will not be unreasonably degraded by the subdivision.

Standards, including per-acre phosphorous allocations, that ensure that the water quality of great ponds will be protected from long-term cumulative increases in phosphorous from subdivision development in great pond watersheds. Standards may allow phosphorous allocations in a community's growth area to be greater than allocations for the rural area.

Standards should ensure that significant wildlife habitat, unique natural areas, streams, wetlands and surface waters or other specified areas within or adjacent to proposed subdivisions are protected by natural buffer strips from sedimentation, siltation, non-point source and thermal pollutants, and stormwater runoff. Buffer strips must be of size and quality to protect aquatic and wildlife habitat. Standards must ensure that a subdivision will not adversely affect a unique natural area.

Standards must be established which require subdivision design to protect wildlife and fisheries by maintaining suitable and sufficient habitat. Proposed development and activities may not adversely affect wildlife and fisheries lifecycles. (30-A M.R.S.A. §4404 (8), (14), (15))

10. Outstanding River Segments Standards specified in 30-A M.R.S.A. §4404(11) must be met.

11. Floodplain management Standards that are consistent with or exceed the municipality's local flood hazard ordinance or current National Flood Insurance Program (NFIP) requirements, whichever is more restrictive, or standards prohibiting new subdivisions in floodplains. (30-A M.R.S.A. §4404(13))

12. Stormwater management Standards requiring that the slope of the land be mapped. Standards must require the stormwater management system to infiltrate, detain, or retain water of an intensity of a 25 year storm such that the rate of flow does not exceed the rate of outflow prior to development, or increase the peak discharge of receiving waters.

The physical, biological and chemical properties of the receiving waters may not be unreasonably degraded by stormwater runoff. The system must be designed to pass upstream flows generated by the design storm through the proposed development without overloading the system or flooding areas not specifically planned for such flooding. The development may not cause unreasonable alteration of existing drainage ways.

Provisions for the maintenance of the stormwater management system must be required. The stormwater management system must be designed by a Maine registered professional engineer or qualified person. Stormwater standards must provide for the use of Best Management Practices to protect water quality.

Stormwater standards should comply with and be no less restrictive than current local and federal National Flood Insurance Program (NFIP) flood hazard requirements. (30-A M.R.S.A. §4404(16))

13. Reservation or dedication and maintenance of open space, common land, facilities and services Standards that outline procedures to establish a system for the reservation, dedication, and maintenance of common space, facilities and services. For example, a homeowners' association. (As required by a consistent comprehensive plan and 30-A M.R.S.A. §4404(9)). Different standards may apply in growth and rural areas where appropriate.

14. The Protection and Preservation of scenic vistas Standards that outline procedures for the protection and preservation of scenic vistas must be contained. (30-A M.R.S.A. §4404(8)). Different standards may apply in growth and rural areas where appropriate.

15. The promotion and protection of the availability of outdoor recreation opportunities, including access to surface waters. Standards that promote and protect this access must be contained. Different standards may apply in growth and rural areas where appropriate. (As required by a consistent comprehensive plan and 30-A M.R.S.A. §4404(9))

Spaghetti-lots prohibited Standards ensuring that none of the lots created within subdivisions have a lot depth ratio to the shore frontage of a river, stream, brook, great pond or wetland greater than 5 to 1.

SECTION 5. SCOPE OF REVIEW

The scope of the Office's review, and of this rule, is limited to those aspects of the subdivision ordinance which are relevant to the goals and guidelines of the Act. It is not the purpose of the Office's review to provide a comprehensive determination of legal sufficiency. Outside of the purview of the office's review for consistency are a variety of provisions (penalty provisions, statement of statutory authority, severability clause, etc.) which may be necessary in order for the subdivision to be legally valid, but which are not directly related to the goals and guidelines of the Act and are less likely to have a direct bearing on the issue of effectiveness in implementing the policies and strategies in the plan. The municipality remains responsible for these matters of form and legal sufficiency and for the overall integrity and enforceability of the zoning ordinance.

Notwithstanding the Office's limited scope of review, extensive omissions and weaknesses which would affect the enforceability of the ordinance, and hence its effectiveness in implementing the plan, may provide a basis for a finding of inconsistency with the Act. In addition, the office in its findings may comment on any apparent omission, weakness or questionable provision, and may suggest that the municipality reconsider such provisions, or seek the advice of legal counsel.

History

• STATUTORY AUTHORITY: 30-A M.R.S.A. §4312(4)
• EFFECTIVE DATE: August 10, 1994
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 22, 1996
• NON-SUBSTANTIVE CORRECTIONS: December 2, 2010 – format, agency names, statutory citations
• NON-SUBSTANTIVE CORRECTIONS: WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025
• NON-SUBSTANTIVE CORRECTIONS: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 07-105 C.M.R. Ch. 203) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 6 Zoning Ordinance Review Criteria Rule (formerly 07-105 C.M.R. Ch. 210)

Code Me. R. 08-002 Ch. 6 ZONING ORDINANCE REVIEW CRITERIA RULE (formerly 07-105 C.M.R. Ch. 210) {#sec-08-002-ch.-6 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-002 Ch. 6}

SUMMARY: This chapter establishes the criteria the State Planning Office uses to review municipal zoning ordinances for consistency with the goals and guidelines of the Comprehensive Planning and Land Use Regulation Act (30-A M.R.S.A. §4312 et seq .). The Office uses this rule to review and comment on proposed zoning ordinances under §4347 of the Act, and to review the zoning ordinance component of local growth management programs for which certification has been requested under §4348.

SECTION 1. PURPOSE

The primary purpose of this rule is to establish the criteria the State Planning Office (hereinafter "the office") uses to review municipal zoning ordinances under the Comprehensive Planning and Land Use Regulation Act (30-A M.R.S.A. §4312 et seq .). The objective of this review is to judge whether a municipality's zoning ordinance is consistent with the Act. The office uses this rule to review and comment on proposed zoning ordinances submitted to the Office under the provisions of §4347 of the Act, and pursuant to the Office's Procedural Rule for Submission and Review of Comprehensive Plans and Zoning Ordinances (Chapter 201). If a municipality requests certification of its local growth management program under §4348 of the Act, the Office also uses this rule to review the zoning ordinance component of that program.

SECTION 2. DEFINITIONS

The following definitions shall apply when interpreting the provisions in this chapter:

A. Act: "Act" means the Comprehensive Planning and Land Use Regulation Act (30-A M.R.S.A. §4312 et seq .).

B. Comprehensive plan: "Comprehensive plan" means a document or interrelated documents developed by a municipality in accord with the procedural provisions of §4324 of the Act and with the intent of complying with the substantive requirements of §4326, sub-§1 to sub-§4 of the Act. As used in this rule, "comprehensive plan" or "plan" shall mean the municipal comprehensive plan which has been reviewed and commented on by the Office in accordance with the Act, and which is designated by the submitting municipality as the comprehensive plan upon which the proposed zoning ordinance is based.

C. Performance standard: A land use or development requirement which establishes allowed effects or characteristics of a land use or activity, rather than prescribing the allowed uses or activities themselves. For the purposes of this rule, the term "performance standard" includes-those standards that set a more general performance objective (i.e. storm drainage shall be provided to minimize flood hazards) as well as more detailed design guidelines (i.e. specifications for vegetative buffers or new road construction).

NOTE: For example, to regulate development in a tight industrial district, a "performance standard" would specify the allowed effects of any industrial use in terms of noise, emissions, traffic and visual impact, in contrast to specifying the types of industrial uses (e.g. warehousing, research and development, etc.) allowed in the district. Zoning ordinances - they indicate allowed uses in each district and they establish "performance standards" for those uses.

D. Zoning ordinance: A new or revised land use ordinance of general applicability-in a municipality which:

1. (a) divides a municipality into districts and prescribes the reasonable application of different regulations in each district, and/or

(b) uses alternative techniques to encourage orderly growth and development and implement a municipality's designation of growth and rural areas and other relevant goals and policies in its comprehensive plan; and

2. has been developed by the municipality in accordance with the procedural provisions of §4324 of the Act, and with the intent of complying with the substantive requirements of §4326 of the Act and any rules pursuant thereto.

NOTE: The broad definition of a zoning ordinance used in this rule recognizes that municipalities may use unconventional zoning techniques (i.e. performance zoning, point system based on suitability criteria, requirements affecting the rate, timing, or maximum amount of growth allowed, etc.) to meet the requirements of §4326, particularly sub-§3(A) (designation of growth and rural areas) of the Act.]

SECTION 3. CONSISTENCY WITH THE ACT

In order to be deemed consistent with the Act, a zoning ordinance must be determined to be:

A. Consistent with the municipality's comprehensive plan which has been deemed by the Office to be consistent with the Act;

B. Consistent with the goals and guidelines of the Act (§4312, sub-§3, and §4326, sub‑§3(A)-(I), respectively); and

C. Consistent with other state laws which impose limitations on local zoning authority. Such laws include, but may not be limited to, the following:

1. Forest Practices Act (12 M.R.S.A. §§ 8867-8869);

2. Mandatory Shoreland Zoning Act (38 M.R.S.A. §§ 435-449);

3. Mobile Home Park Law (30-A M.R.S.A. §4358); and

4. Zoning Ordinances (30-A M.R.S.A. §4352).

SECTION 4. CONSISTENCY WITH THE PLAN

A. Content: In order to be deemed consistent with the comprehensive plan, the zoning ordinance must contain those provisions which, as specified in the plan, were to be included in the ordinance. Provisions contained in the zoning ordinance must be derived from and supported by the plan.

B. Standard: The provisions of the ordinance must be consistent with the approach identified in the comprehensive plan and must be no less effective in promoting the policies and strategies committed to in the plan than those implementing provisions specified in the plan.

NOTE: In most instances, a municipality's proposed zoning ordinance should be more detailed, specific and comprehensive in Lard use matters than the plan. Moreover, it is recognized that in the actual drafting of the ordinance minor adjustments to the provisions of the plan my be reasonably expected. The review Standard noted above Is intended to accommodate such adjustments. However, it is also intended to respect and maintain the integrity of the plan, which is of primary importance. For example, a zoning ordinance will not be consistent if it represents a different approach to managing growth than was called for in the plan, even if It may be mom effective in promoting the goals and guidelines of the Act than the original concept. The Plan, or the ordinance, will need to be revised.

C. Scope/Limitation: The zoning ordinance need not accomplish all of the growth management policies and strategies of the plan. A zoning ordinance which is consistent with a consistent plan, but which may not be effective alone in meeting the goals and guidelines of the Act ( i.e. other commitments in the Plan, to be implemented by means other than the zoning ordinance, justify plan consistency), may be deemed consistent. However, the provisions of the zoning ordinance must not conflict with those other policies and strategies.

SECTION 5. EFFECTIVENESS AND INTERNAL CONSISTENCY OF THE ZONING ORDINANCE

A. Standard: The zoning ordinance must be internally consistent and sufficiently complete to allow it to function in a manner which will effectively promote the policies and strategies of the plan.

B. Elements Required: The zoning ordinance must contain enough information to allow the Office to determine whether the ordinance will effectively promote the policies and strategies of the plan. The zoning ordinance must contain at least the elements listed below. However, an ordinance based on alternative techniques, as described in the zoning ordinance definition of this rule (Section 2(D)(1)(b)), must include the elements listed below to the extent they are required by a comprehensive plan deemed to be consistent by the office.

1. Zoning districts and map(s): Zoning districts must be established and district boundaries must be shown on the zoning map(s) for all of the land areas within the municipality's boundaries. The zoning ordinance must indicate how district boundaries are to be interpreted in the event of uncertainty or conflict between the map and the ordinance.

Specially regulated areas , such as overlay zones and shoreland zones, must also be described and represented on the zoning map(s). Other features which must be represented on the map(s) include municipal boundaries, major roads, and major water bodies. The map(s) must have a scale and a legend.

NOTE: Municipalities should note that Title 30-A, §4352, sub-§3 requires that, "a zoning map describing each zone established or modified must be adopted as part of the zoning ordinance or incorporated in the ordinance. Any conflict between the zoning map and a description by metes and bounds shall be resolved In favor of the description by metes and bounds."]

2. Permitted uses by districts: All uses to be permitted and conditionally permitted (if any) within each zoning district must be indicated in the zoning ordinance.

3. Development standards: The zoning ordinance must address the following types of standards:

a. Density/intensity for residential/non-residential uses, respectively

b. Building or Structure Height

c. Setbacks or yard requirements

d. Access (How access to a property may or may not be achieved; e.g., from new or existing, arterial or local roads)

e. Frontage along roads and water bodies (i.e. lot width)

f. Performance standards

NOTE: The Office recognizes that in some consistent comprehensive plans, municipalities explicitly chose not to establish a minimum requirement for sane of the standards listed above (i.e. setbacks, frontage, building height). For example, in village areas, some communities may require zero (0) setback or frontage requirements as a way to encourage growth. For these cases, the zoning ordinance should simply indicate that there is no minimum. The office also recognizes, however, that in some consistent comprehensive plans, municipalities simply did not set minimum requirements for standards such as setback or yard requirements or building height, but will be including such standards in the zoning ordinance. For these situations, the Office strongly recommends that the municipality revise its comprehensive plan, as appropriate, to provide support for such zoning standards.]

4. Other Provisions: Any other land use requirement or zoning technique specified in the plan that falls within the definition of a zoning ordinance as used in this rule.

5. Permit review and approval procedures: Permit application, review, approval, appeal, and enforcement procedures, and a description of the roles and responsibilities of the various administrative, review and enforcement officials must be included in the zoning ordinance.

6. Definitions: All terms that are critical to effective implementation of the zoning ordinance must be defined.

7. Effective date: The effective date of the zoning ordinance must be indicated.

NOTE: The above list of required elements is not intended to prescribe a specific format or organization for the zoning ordinance; however, all of the above elements must be clearly reflected, in saw manner, in the zoning ordinance.

SECTION 6. SCOPE OF REVIEW

The scope of the Office's review, and of this rule, is limited to those aspects of a zoning ordinance which are relevant to the substantive provisions of the plan and to the goals and guidelines of the Act. It is not the purpose of the Office's review to provide a comprehensive determination of legal sufficiency. Outside of the purview of the office's review for consistency are a variety of provisions (penalty provisions, statement of statutory authority, severability clause, etc.) which may be necessary in order for the zoning ordinance to be legally valid, but which are not directly related to the goals and guidelines of the Act and are less likely to have a direct bearing on the issue of effectiveness in implementing the policies and strategies in the plan. The municipality remains responsible for these matters of form and legal sufficiency, and for the overall integrity and enforceability of the zoning ordinance.

Notwithstanding the Office's limited scope of review, extensive omissions and weaknesses which would affect the enforceability of the ordinance, and hence its effectiveness in implementing the plan, may provide a basis for a finding of inconsistency with the Act. In addition, the Office in its findings may comment on any apparent omission, weakness or questionable provision, and may suggest that the municipality reconsider such provisions, or seek the advice of legal counsel.

History

• STATUTORY AUTHORITY: 30-A M.R.S.A. §4312(4)
• EFFECTIVE DATE: May 25, 1993
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 22, 1996
• NON-SUBSTANTIVE CORRECTIONS: December 1, 2010 – format, agency names, statutory citations
• NON-SUBSTANTIVE CORRECTIONS: WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 14, 2025
• NON-SUBSTANTIVE CORRECTIONS: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 07-105 C.M.R. Ch. 210) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

08-003 Building Codes and Standards

Chapter 1 Certification Standards for Municipal Code Enforcement Officers and Third-Party Inspectors (formerly 16-219 C.M.R. Ch. 52)

Code Me. R. 08-003 Ch. 1 CERTIFICATION STANDARDS FOR MUNICIPAL CODE ENFORCEMENT OFFICERS AND THIRD-PARTY INSPECTORS (formerly 16-219 C.M.R. Ch. 52) {#sec-08-003-ch.-1 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 1}

SUMMARY: This chapter establishes the standards and procedures that the Department of Public Safety, Office of the State Fire Marshal uses to certify and recertify local code enforcement officers and third-party inspectors, as required by 30-A M.R.S. §4451, subsection 5.

SECTION 1: PURPOSE

The purpose of this chapter is to establish the standards and procedures that the Department of Public Safety, Office of the State Fire Marshal uses to certify and recertify local code enforcement officers, local plumbing inspectors, building officials, and third-party inspectors. The chapter establishes the minimum standards for all code enforcement officers appointed in Maine and recertification standards that recognize the experience and diverse job responsibilities of Maine’s professional code enforcement community. The rules are intended to be flexible to accommodate the range of experiences of code enforcement officers, while laying out basic requirements for newly-appointed code enforcement officers.

SECTION 2: DEFINITIONS

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

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.

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.

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.

Building. “Building” means any structure used or intended for supporting or sheltering any use or occupancy.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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

Full-time. “Full-time” means an individual who works 35 hours per week or more.

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

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.

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.

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

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.

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.

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.

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.

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.

Office. “Office” means the Department of Public Safety’s Office of the State Fire Marshal.

Population. “Population” means the number of residents living in the municipality according to the US Census Bureau’s most recent decennial census.

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.

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.

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.

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.

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.

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.

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.

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.

Residential radon code. “Residential radon code” means the ASTM E 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.

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.

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.

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.

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.

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 .

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.

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

SECTION 3: GENERAL PROVISIONS

A municipality may not appoint an individual who is not certified by the Office to perform the duties of a code enforcement officer, except as provided below:

1. Grace Period

A. Except as otherwise provided in this paragraph, a duly-appointed municipal code enforcement officer shall be certified by the Office within twelve (12) months of the date of that officer’s employment in the specific areas of the officer’s job responsibility. The 12-month grace period expires at the end of the month in which the municipal code enforcement officer’s one-year anniversary falls.

B. An individual shall acquire certification in the specific areas of internal plumbing and subsurface wastewater disposal prior to municipal appointment except that an individual may be temporarily authorized in writing by the Department of Human Services, Division of Environmental Health to be employed as a local plumbing inspector for a period not to exceed six (6) months in accordance with department rule, 10-144CMR 240.

C. A code enforcement officer who is appointed by the municipality to administer an additional specific area of responsibility has twelve (12 months) to be certified in that additional specific area. The 12-month grace period expires at the end of the month of the twelfth month following the assumption of the additional specific area of responsibility.

2. Extension of Grace Period

A. Municipalities may petition the Office for up to a twelve (12)-month extension of the original grace period in cases where:

The municipality can demonstrate that the necessary training or examination was not available within that time period;

The necessary training or examination is suspended by the Office under section 10 of this chapter; or

The certification process would impose a hardship on the municipality.

B. The Office determines whether the petitioning municipality has met the criteria for an extension in all specific areas, except an individual shall abide by the requirements of the Department of Health and Human Services, Division of Environmental Health to be employed as a plumbing inspector.

C. Within 20 days of receipt of the petition, the Office shall issue a decision in writing whether the extension has been granted with the reasons for approval or denial.

3. Appeal

A. A municipality whose petition for an extension is denied may appeal. A municipality may request a review of the extension decision from the Office in writing within 20 days of notification of the decision on the municipality’s petition.

B. The Office may delegate the appeal to another senior staff person who was not involved in the original hardship decision.

C. In considering an appeal, the Office shall:

1. examine the municipality’s petition against the standards in this section and section 2.18; and

2. determine whether the Office followed the required process and reasonably interpreted the facts to reach the conclusion upon which the extension decision under appeal was based.

D. Within 20 days of the request for appeal, the Office shall make a decision and notify the municipality in writing whether the appeal is granted. The decision of the Office constitutes final agency action.

E. A duly appointed code enforcement officer may continue to serve in that capacity until a final agency decision is rendered on the appeal.

4. Certificate of Appointment

Upon initial appointment, and annually upon reappointment, a municipality shall file a certificate of appointment with the Office. The certificate must indicate the appointment, reappointment or continuation of the municipality’s code enforcement officers, the date of appointment or reappointment, and the specific areas of job responsibility for which the officers have been appointed.

5. Transferability

A. A valid certification of a code enforcement officer who changes employment is transferable from one Maine municipality to another.

B. A valid certification of a code enforcement officer who serves more than one Maine municipality is applicable to each Maine municipality, so long as the certified individual is duly appointed by the municipal officers of each municipality.

C. An individual who holds a valid certification may transfer that certification between a code enforcement officer and a third-party inspector only in accordance with 25 M.R.S. §2371(6).

SECTION 4: CERTIFICATION STANDARDS AND PROCEDURES

A municipally-employed code enforcement officer shall be certified by the Office. A code enforcement officer need only be certified in the specific area for which that officer has responsibility.

Certification Standards

To be certified, a code enforcement officer shall successfully complete a written examination provided by the Office in each specific area of job responsibility and in legal issues and enforcement techniques.

Specific Area

Specific area examinations test knowledge of the laws, codes, standards, rules, and ordinances, relevant to a specific area of code enforcement. The level of knowledge required to successfully complete the examination is introductory. Specific areas of certification include:

1. shoreland zoning;
2. comprehensive planning and land use;
3. internal plumbing;
4. subsurface wastewater disposal; and
5. building standards

Legal Issues and Enforcement Techniques

The legal issues and enforcement techniques examination tests knowledge of the legal authority, structure and practice of the municipal code enforcement officer, municipal planning board and appeals board procedures, application review and permitting procedures, inspection procedures and methods and procedures for enforcement.

Certification Duration

A certification is valid for a period of six (6) years, except as provided in section 10.

Certification Procedures

A. The Office offers examinations at least once per year on dates and at locations determined by the Office.

B. The Office determines the form and content of the examinations and updates examinations periodically to keep current with changing state laws and case law.

C. Unsuccessful candidates for certification are allowed to be reexamined without prejudice as many times as needed.

D. The Office provides basic training to assist the candidate with preparing for examinations.

SECTION 5: RECERTIFICATION STANDARDS AND PROCEDURES

Except as provided in section 10, all code enforcement officers shall be recertified in each specific area and in legal issues and enforcement techniques within six (6) years of obtaining any certification.

Recertification Standards

A. A code enforcement officer may become recertified by examination as described in section 4.

B. An examination is not required for recertification. A candidate who chooses not to become recertified through examination shall demonstrate, through recertification training or training activity, that the candidate has remained current in the candidate’s specific areas of job responsibility.

1. To become recertified by completing training activity, a code enforcement officer shall demonstrate successful completion of twelve (12) contact hours of recertification training or training activity for each specific area of job responsibility and twelve (12) contact hours for legal issues and enforcement techniques every six (6) years. This paragraph does not apply to building standards recertification standards which are set forth in the paragraph below.

2. For recertification, a code enforcement officer shall demonstrate successful completion of recertification training or recertification training activity for each applicable code in the building standards specific area every six (6) years. The following number of contact hours is required for each applicable code:

a. residential building code 9 contact hours

b. commercial building code 15 contact hours

c. residential energy code 9 contact hours

d. commercial energy code 9 contact hours

e. residential radon code 3 contact hours

f. indoor residential ventilation code 2 contact hours

g. indoor commercial ventilation code 3 contact hours

3. Recertification Training Contact Hours

Recertification training contact hours may be gained through either basic training provided by the Office or training provided by another organization. Recertification training contact hours must be applicable as determined by the Office.

4. Alternative Recertification Contact Hours

A code enforcement officer may apply for up to six (6) alternative recertification contact hours using the Office’s application form. Alternative recertification contact hours must be directly related to a specific area of code enforcement, as determined by the Office. The Office applies the training activity contact hours to the most closely-related specific area of certification. Applicable training activity may consist of:

a. Work Experience

(1) A code enforcement officer may apply work experience in municipal codes administration to that officer’s recertification. Work experience may be applied based on the following years of full-time service:

(a). five (5) to nine (9) years = 2 contact hours

(b) ten (10) to fourteen (14) years = 4 contact hours

(c) fifteen (15) or more years = 6 contact hours

(2) If a code enforcement officer has part-time work experience in municipal codes administration, the Office converts any part-time employment period into its full-time equivalency.

b. Post-secondary Education

A code enforcement officer may apply post-secondary education towards that officer’s recertification. Education must be directly related to a specific area of certification and must be applied based on the following types of academic learning:

(1) Completed bachelor’s degree = three (3) contact hours

(2) Completed associate’s degree = two (2) contact hours

(3) Completed two-year vocational program = two (2) contact hours

(4) Completed certificate program = one (1) contact hour

(5) Completed apprenticeship or internship = one (1) contact hour

(6) Post-secondary courses credited towards a new degree during the six-year certification cycle = one (1) contact hour per credit

c. Professional License or Certification

(1) A code enforcement officer who holds an applicable professional license in the state of Maine or a state or national professional certification may apply two (2) contact hours per specific area in each six-year recertification cycle towards that officer’s recertification.

(2) The building standard recertification requirements in this section may be waived if the code enforcement officer holds a valid certification from a nationally recognized, building or energy code-related, professional certification program. The Office determines whether the certification is applicable and applies the waiver to the most closely related building standards code.

d. Professional Activity

(1) A code enforcement officer may apply documented time spent in a professional activity towards the officer’s recertification. One contact hour may be applied for each hour of actual time spent in a professional activity during the current six-year certification period. A maximum of six (6) contact hours may be applied towards recertification in each specific area in a six-year certification cycle.

(2) For purposes of legal issues and enforcement techniques recertification, professional activity may mean documented work experience using Rule 80K procedures such as filing court documents, preparing for court or appearing in court. The same contact hours may not be used for both legal issues and enforcement techniques recertification and Rule 80K recertification in section 6.

Recertification Procedures

A candidate for recertification shall file evidence of successful completion of training activity for recertification on application forms provided by the Office. The code enforcement officer is responsible for obtaining and keeping track of required documentation.

Recertification for Building Standards

A. A code enforcement officer need only be recertified in the individual code(s) within the building standards specific area that are applicable, meaning the code(s) for which that officer has responsibility to enforce.

B. For purposes of this section, the definition of “enforce” in section 2.15 of this chapter applies.

4. Requirements for Six-year Recertification Cycle

A. All code enforcement officers shall be recertified in the building standards specific area within six years, except as provided in section 10.

B. Contact hours needed for recertification must be acquired in accordance with sections 5.1 and 5.2.

SECTION 6: RULE 80-K CERTIFICATION

A. A code enforcement officer or other candidate identified in 30-A M.R.S. §4453 may be certified in Rule 80K of the Maine Rules of Civil Procedure.

B. Rule 80K certification means that the individual is allowed to prosecute alleged land use violations in District Court on behalf of their appointing authority.

C. To become certified in Rule 80K, an individual shall demonstrate familiarity with court procedures as evidenced by successful completion of the Office’s Rule 80K workshop or an equivalent workshop approved by the Office and successful completion of a certification examination in Rule 80K and court procedures.

D. Rule 80K certification is valid for six (6) years, except as provided in section 10.

E. To become recertified, an individual shall demonstrate successful completion of twelve (12) contact hours of recertification training or recertification training activity in accordance with section 5.1 and 5.2. For purposes of Rule 80K recertification, recertification training activity may mean documented work experience using Rule 80K procedures such as filing court documents, preparing for court and appearing in court.

SECTION 7: HONORARY CERTIFICATION

A. An honorary certification may be awarded to those code enforcement officers because of distinguished public service; an excellent ability and knowledge in the field of codes enforcement; an ongoing record of improvement in ability and knowledge as a code enforcement officer; and contributions to the profession. A code enforcement officer receiving an honorary certification is recognized by his or her peers as a leader in the profession. To receive an honorary certification, a candidate shall be currently employed as a municipal code enforcement officer in Maine and have served as a municipal code enforcement officer in Maine for 20 years or more.

B. A code enforcement officer may apply for honorary certification on forms provided by the Office. The Office may award honorary certification in one or more specific areas if, in its determination, the candidate meets a wide array of the following criteria:

1. record of ongoing professional development and educational improvement; including successful completion of university or college courses and national or state association seminars;

2. record of active involvement in a professional association for code enforcement officers with a published code of professional conduct or code of ethics;

3. experience as a leader or instructor of professional development training related to codes administration;

4. authorship of articles or other forms of organized, disseminated information related to codes administration;

5. successful completion of right-to-know or ethics training;

6. holding a professional license or certification from the state of Maine or professional association in an area related to a specific area of code enforcement certification;

7. recognition by other organizations for professional accomplishments; or

8. letters of recommendation from peers, municipal officers or the public.

C. A code enforcement officer granted honorary certification need not meet the recertification standards under the provisions of section 5.1. An honorary certification is valid for the tenure of the code enforcement officer’s career, so long as that officer remains employed as municipal code enforcement officer in Maine and that officer’s certification is not revoked under the provisions of section 9.

SECTION 8: CERTIFICATION AND RECERTIFICATION STANDARDS AND PROCEDURES FOR THIRD-PARTY INSPECTORS

Certification Required

Effective December 1, 2010, only individuals certified by the Office may perform building inspections as a third-party inspector pursuant to 25 M.R.S. §2373.

Third-party Inspector Certification Standards

1. A third-party inspector need only be certified in the individual code(s) within the building standards specific area that are applicable, meaning the code(s) for which the third-party inspector is hired to perform inspections.

2. To become certified, a third-party inspector shall successfully complete the building standards certification examination for each applicable code;

a. residential building code

b. commercial building code

c. residential energy code

d. commercial energy code

e. residential radon code

f. indoor residential ventilation code

g. indoor commercial ventilation code

B. Third-party Inspector Recertification Standards

1. Except as provided in section 8.4 and 10, a certification is valid for a period of six (6) years. For recertification, a third-party inspector shall demonstrate successful completion of recertification training or training activity in accordance with sections 5.1 and 5.2 of this chapter for each building standards code for which the third-party inspector is commercially engaged every six years. The following number of contact hours is required for building standards recertification:

a. Residential building code 9 contact hours

b. Commercial building code 15 contact hours

c. Residential energy code 9 contact hours

d. Commercial energy code 9 contact hours

e. Residential radon code 3 contact hours

f. Indoor residential ventilation code 2 contact hours

g. Indoor commercial ventilation code 3 contact hours

2. Recognition of Professional Certification Programs

These building standard recertification requirements may be waived if the third-party inspector holds a valid certification from a nationally recognized, building or energy code-related professional certification program. The Office determines whether the certification is applicable and applies the waiver to the most closely related building standards code.

3. No Endorsements

The Office does not endorse or otherwise suggest, encourage, or recommend any third-party inspector.

4. Third-party Inspector Registry

A. The Office maintains a list of certified third-party inspectors for public inspection.

B. In the event that the Office suspends the third-party inspector training and certification program in accordance with 30-A M.R.S. §4451, subsection 3, paragraph H, a third-party inspector shall register the third-party inspector’s qualifications with the Office in accordance with section 10 of this chapter.

SECTION 9: CERTIFICATION REVOCATION

A certification may only be revoked by the District Court in accordance with 30-A M.R.S. §4451, subsection 6.

SECTION 10: CODE ENFORCEMENT OFFICER REGISTER

Program Suspension

A. In the event that state funding is not available to support the code enforcement training and certification program, the Office may suspend training and certification activities and, upon this suspension, shall implement a program to register municipal code enforcement officers.

B. Registration is intended to provide information for the public to determine whether a code enforcement officer has the qualifications to administer state and local laws, codes, ordinances or other regulations.

1. Registration Required

a. In the event of a program suspension, a new municipal code enforcement officer shall register that officer’s qualifications with the Office in accordance with subsection 10.1.B.2 of this chapter.

b. Registration means that a municipal code enforcement officer may act on behalf of the municipality to administer state and local laws, codes, ordinances or other regulations in lieu of certification until such time as the training and certification program is restored. Failure to register means that a municipality is not in compliance with state laws requiring their employment of a certified code enforcement officer.

c. Being a registered code enforcement officer does not imply that the registrant is certified by the Office.

2. Qualifications; Registration Procedures

a. In the event of a program suspension, the Office automatically registers all Maine code enforcement officers holding a valid certification.

b. At the time that a code enforcement officer is newly appointed or at the expiration of a six-year certification cycle, the code enforcement officer shall document and submit that officer’s education, experience and training related to codes enforcement administration on forms provided by the Office.

c. The Office maintains and makes publicly available a registry of qualifications for registered code enforcement officers.

C. Extension of Certification

In the event of a program suspension, a code enforcement officer’s six-year recertification cycle also is suspended. The six-year cycle restarts at the time the training and certification program is restored.

History

• STATUTORY AUTHORITY: 30-A MRS §4451
• STATUTORY AUTHORITY: History
• STATUTORY AUTHORITY: Under 19-488, Department of Economic and Community Development, Office of Comprehensive Land Use Planning:
• EFFECTIVE DATE: December 15, 1991 – filing 91-465 as Ch. 300
• EFFECTIVE DATE: Under 07-105, State Planning Office:
• EFFECTIVE DATE (ELECTRONIC CONVERSION): May 22, 1996
• AMENDED: February 8, 1998 – filing 98-76
• REPEALED AND REPLACED: July 4, 2010 – filing 2010-277
• REPEALED AND REPLACED: Under 19-498, Department of Economic and Community Development, Office of Community Development:
• AMENDED: June 13, 2014 – filing 2014-112
• AMENDED: Under 16-219, Department of Public Safety, Office of State Fire Marshal:
• NEW: March 25, 2020 – filing 2020-058 as Chapter 52
• NEW: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 18, 2025
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-219 C.M.R. Ch. 52) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 2 Maine Uniform Building and Energy Code - Administrative Procedures (formerly 16-642 C.M.R. Ch. 1)

Code Me. R. 08-003 Ch. 2 MAINE UNIFORM BUILDING AND ENERGY CODE - ADMINISTRATIVE PROCEDURES (formerly 16-642 C.M.R. Ch. 1) {#sec-08-003-ch.-2 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 2}

SUMMARY: All building construction within the State of Maine shall be governed by the Maine Uniform Building and Energy Code (“MUBEC”), which is adopted by the Technical Building Codes and Standards Board by rule in Chapters 2 through 8 pursuant to Title 10 M.R.S §9721, et seq .

These rules set forth the requirement of certain municipalities to enforce the MUBEC, the methods by which municipalities may accomplish building inspections, the deadlines for municipalities to begin enforcing the MUBEC, the requirement for establishing training and certification standards for building officials and third-party inspectors, requirements for third-party inspectors, the administrative procedures for requests for advisory rulings and code amendments, and the procedures for identifying and resolving code conflicts.

SECTION 1. PURPOSE AND SCOPE

The Maine Technical Building Codes and Standards Board established pursuant to Title 5 M.R.S. §12004-G (5-A), hereinafter called the Board, is required by chapter 699, Public Laws of 2008 to adopt, maintain and amend the Maine Uniform Building and Energy Code hereinafter referred to as the MUBEC, as provided in Title 10 M.R.S. §9721, et seq. and the State Legislature.

The purpose of this Chapter is to set forth procedures for each individual municipality to recognize and, where applicable, enforce the MUBEC. The MUBEC is a compilation of different codes and standards, which have been harmonized by identifying and resolving conflicts between the incorporated codes and standards. This Chapter also provides five options for building inspections, including the use of a third-party inspector.

EFFECTIVE DATE: The effective date of this Chapter is 90 days after approval by the Commissioner of the Department of Public Safety.

SECTION 2. AUTHORITY

The authority for this Chapter is Title 10 M.R.S. §9721 et seq ., which provides that the Maine Office of Community Affairs shall promulgate rules which adopt, amend, and maintain the MUBEC, to resolve conflicts between the MUBEC and the various codes and standards that are incorporated and comprise the MUBEC, and to provide training for municipal building officials, local code enforcement officers and third-party inspectors.

SECTION 3. DEFINITIONS

As used throughout this Chapter and these rules, the following terms have the following meanings.

1. Amendment. “Amendment” means any modification to the MUBEC, initiated through Board action or by petition to the Board from any agency, municipality, county or interested individual or organization that would have the effect of changing the MUBEC Amendments to the MUBEC must be adopted in accordance with the Maine Administrative Procedure Act , Title 5, Chapter 375.

2. Applicant. “Applicant” means the owner or authorized agent or legal entity proposing the construction project.

3. Board. “Board” means the Technical Building Codes and Standards Board established in Title 5 M.R.S. §12004-G, subsection 5-A.

4. Building official. “Building official” means a building official or officer charged with the administration and enforcement of the MUBEC and includes a codes enforcement officer appointed pursuant to Title 25 M.R.S. §2351-A.

5. Bureau. “Bureau” means the Division of Building Codes and Standards .

6. Department. “Department” means the Maine Office of Community Affairs.

7. Energy Code. “ Energy Code” means the edition of the IECC, as amended, listed under Section 6 herein.

8. Industry Standards. “Industry Standards” means the current, common best practice as determined by the Board.

9. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to Title 10 M.R.S. §9721, et seq .

10. MUBEC Stretch Code. “MUBEC Stretch Code” means an alternative energy code adopted and maintained by the board as an appendix to the MUBEC, that is more stringent from the perspective of energy efficiency, carbon reductions, and resilience than the currently adopted edition of the Energy Code, which a municipality may elect to substitute, in its entirety, for the current edition of the Energy Code, Title 10 M.R.S. §9721, et seq .

11. Model codes. “Model codes” means the codes developed by the model code organizations and adopted by reference in Title 10 M.R.S. §9721, et seq.

12. Model code organization(s). “Model code organization(s)” means the national code-promulgating organizations that develop the model codes (as defined herein), such as the International Code Council, International Association of Plumbing and Mechanical Officials, National Fire Protection Association and American Society of Heating, Refrigerating, and Air-Conditioning Engineers.

13. Municipality. “Municipality” means any city, town, plantation or municipal village corporation within the State.

14. Population. “Population” means the number of residents living in the municipality according to the U.S. Census Bureau’s most recent decennial census.

15. Seasonal Dwelling. “Seasonal dwelling” means a detached residential building, that is occupied for less than 180 days within any calendar year, has no permanently installed heating or cooling system that allows the dwelling to be heated or cooled during periods of vacancy, and has no year-round pressurized water service. If a building is considered a seasonal dwelling, compliance with the IECC is not required.

16. Third-party inspector (“TPI”). “TPI” means a person certified by the Maine Office of Community Affairs to conduct inspections under Title 25 M.R.S. §§ 2353-A and 2371 et seq. for compliance with the MUBEC.

SECTION 4. APPLICATION OF THE MUBEC

1. The MUBEC applies to all buildings constructed or renovated in Maine regardless of municipal population. The MUBEC must be enforced in a municipality with a population of 4,000 residents or more. If the population is under 4,000, the municipality may choose to enforce the MUBEC.

2. No municipality shall enforce a building code other than the Maine Uniform Building and Energy Code.

3. Effective December 1, 2010, except as provided in Title 10 M.R.S. §9724(4) and §9725, any ordinance regarding any building code of any political subdivision of the State that is inconsistent with the MUBEC is void, with the following exception: this provision does not apply to any adopted fire & life safety code, fire safety ordinance or any land use ordinance, including Land Use Planning Commission rules.

4. No provisions of the MUBEC shall be construed to prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes. Such ordinances may include items such as, permits, fees, boards of appeals and violations.

5. A municipality may choose to adopt the MUBEC Stretch Code, Energy Code Appendix NA, and if so, it shall be enforced in addition to the base energy code (Chapter 7 of these rules) in its entirety as the minimum energy code for that municipality.

SECTION 5. ENFORCEMENT OF MUBEC

1. Pursuant to Title 25 M.R.S. §2373, in municipalities with a population of 4,000 or more, enforcement of the provisions of the MUBEC shall be the responsibility of the municipality and shall be accomplished by one or more of the following means. The decision of which provision is used is solely the decision of the municipality.

A. Building officials. Inspections performed by building officials certified pursuant to Title 30-A M.R.S. §4451.

B. Inspections by virtue of inter-local agreements. Inspections performed by virtue of inter-local agreements with other municipalities, that share the use of building officials, certified in building standards pursuant to Title 30-A M.R.S. §4451.

C. Contractual agreements. Inspections performed by virtue of contractual agreements with one or more municipalities, or county or regional authorities, that share the use of building officials certified in building standards pursuant to Title 10 M.R.S. §9723.

D. Third party inspection by report. Inspections performed and verified by reports from a TPI, certified pursuant to Title 10 M.R.S. §9723.

E. If the municipality does not elect one or more of the four-options listed above, then the applicant shall elect to have an inspection performed by a TPI at their own cost.

SECTION 6. COMPONENTS OF THE MAINE UNIFORM BUILDING AND ENERGY CODE

1. The MUBEC consists of a compilation of the following editions of the following codes, which are adopted in whole or in part, in Chapters 4, 5, 6, 7 and 8 of these rules.

A. The International Building Code (IBC) edition issued for the year 2021 published by the International Code Council subject to Maine amendments contained in Chapter 4 of these rules.

B. The International Existing Building Code (IEBC) edition issued for the year 2021 published by the International Code Council subject to Maine amendments contained in Chapter 5 of these rules.

C. The International Residential Code (IRC) edition issued for the year 2021 published by the International Code Council subject to Maine amendments contained in Chapter 6 of these rules.

D. The International Energy Conservation Code (IECC) edition issued for the year 2021 published by the International Code Council subject to Maine amendments contained in Chapter 7 of these rules.

E. The International Mechanical Code (IMC) edition issued for the year 2021 published by the International Code Council subject to Maine amendments contained in Chapter 8 of these rules.

F. MUBEC Stretch Code (IECC) edition issued for the year 2021 published by the International Code Council subject to Maine amendments contained in the Appendix of Chapter 7 of these rules.

2. The following standards are also adopted in the MUBEC.

Ventilation for Acceptable Indoor Air Quality 62.1 edition issued for the year 2019 published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Standards (ASHRAE), without addenda.

Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings 62.2 edition issued for the year 2019 published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Standards (ASHRAE), without addenda.

Per Sec. 3. 10 MRSA §9722, sub-§6, ¶Q, an alternative pathway compliance with ASHRAE Standard 62.2 is the Canadian Standards Association Standard for Residential Mechanical Ventilation Systems, CAN/CSA-F326-M91.

Energy Standard for Buildings except Low-Rise Residential Buildings 90.1 edition issued for the year 2019 published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Standards (ASHRAE), without addenda.

Standard Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings E-1465-08 published by The American Society for Testing and Materials (ASTM).

SECTION 7. CODES THAT CONTINUE IN EFFECT IN CONJUNCTION WITH THE MUBEC

1. The following codes, standards, rules and their amendments, listed in this section, shall remain in full force and effect in their entirety and are not affected by the operation of the MUBEC.

A. Electrical standards adopted pursuant to Title 32 M.R.S. §1153-A.

B. The plumbing code adopted pursuant to Title 32 M.R.S. §3403-B.

C. Oil and solid fuel burning equipment standards adopted pursuant to Title 32 M.R.S. §2353.

D. Propane and natural gas equipment standards adopted pursuant to Title 32 M.R.S. §14804.

E. Boiler and pressure vessel standards adopted pursuant to Title 32 M.R.S. §15104-A.

F. Elevator standards adopted pursuant to Title 32 M.R.S. §15206.

SECTION 8. THE FOLLOWING MODIFIED CODES REMAIN IN EFFECT

1. The following codes remain in effect, with modifications to resolve conflicts with the MUBEC.

A. Fire safety codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465.

SECTION 9. CERTIFICATION STANDARDS FOR BUILDING OFFICIALS AND THIRD-PARTY INSPECTORS

1. Authority to Establish Standards

The training and certification committee of the Technical Building Codes and Standards Board shall determine the standards for certifying building officials and third-party inspectors. Standards shall enumerate the knowledge and training required to ensure that building officials and third-party inspectors have the basic understanding needed to apply the MUBEC and the ongoing education needed to stay current with code changes and amendments. Additional Third-Party Inspector certification requirements are established in Chapter 3.

2. Training and Certification Program

A. The Maine Office of Community Affairs (“Department”) shall administer the training and certification program in accordance with the standards established in Section 9.1 of this chapter. The Department shall adopt by rule the certification and recertification standards set by the training and certification committee.

(1) Review of Training Content. The training and certification committee of the Technical Building Codes and Standards Board shall annually review the building standards training and certification program to:

(a) Assure the training content meets the needs of code enforcement officers, municipal building officials, and third-party inspectors;

(b) Evaluate training materials for consistency with the MUBEC;

(c) Confirm that training courses are regularly offered in geographically diverse locations; and

(d) Confirm that training for municipal building officials is fully-funded by the State.

SECTION 10. ADVISORY RULINGS AND TECHNICAL SUPPORT

1. The interpretation and enforcement of the MUBEC are the responsibility of the local municipality. However, the Bureau is available to provide advisory rulings and technical support for the administration of the MUBEC, amendments, conflict resolutions, and interpretations. This support includes but is not limited to:

A. Written request. Upon written request of any interested person or entity, the Bureau may provide a nonbinding advisory interpretation, pursuant to Title 5 M.R.S. §9001, with respect to the applicability of any statute, rule or code administered by the Bureau, on that person or entity, or the property of that person or entity, or actual state of facts. The written request shall be made on the official Bureau form and shall include the following information.

(1) Specific identification of the subject code or codes with a description of the questioned application or perceived conflict.

(2) Relevant construction documents to fully illustrate the issue upon which an advisory interpretation is sought.

(3) The Bureau may request additional documentation or information required to issue an advisory interpretation or to provide technical support. All requested information shall be provided within 30 days of request, or the request for advisory interpretation or support may be deemed abandoned.

B. Advisory interpretation written. All advisory interpretations shall be in writing.

C. Advisory interpretations not binding. An advisory interpretation shall not be binding.

SECTION 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.

SECTION 12. PROCEDURES FOR IDENTIFYING AND RESOLVING CONFLICTS BETWEEN THE MUBEC AND THE FIRE SAFETY CODES AND STANDARDS

1. Notification shall be made to the authority or authorities having jurisdiction over the code or standard that is in conflict with the MUBEC. The notice shall include a request for proposed solutions for such conflicts.

2. Conflict resolution. The following procedures may be employed by the Board for consideration of proposed solutions submitted to resolve conflicts within the components that comprise the MUBEC. The Board may also consider other approaches to resolving conflicts. The following process has been outlined in the MUBEC Board’s “decision tree” utilizing items A-H:

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 conflicting provisions with respect to their impact on the health, safety and welfare of building occupants. The Board shall determine which provision is more stringent.

D. If the provision of the code identified as “in conflict” with the MUBECis 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 as it exists in MUBEC.

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 the MUBEC 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 Chair.

3. Publication of resolution of the conflict shall be made, within 30 days of adoption, on the Bureau’s webpage.

SECTION 13. EXPERIMENTAL BUILDINGS

1. The MUBEC shall not limit the use of non-traditional or experimental construction, including, but not limited to straw bale, and earth berm construction. However, construction must adhere to the provisions of the MUBEC. Compliance with the MUBEC shall be confirmed by an appropriate design professional, where applicable under State law.

SECTION 14. NATIVE LUMBER

The MUBEC shall not limit the use of building materials from local sawmills including, but not limited to non-graded lumber. However, the materials must be of sufficient quality to be adequate for the construction purpose intended and must adhere to the provisions of the MUBEC. This must be confirmed by an appropriately certified individual.

SECTION 15. REFRIGERANTS

Installation or use of certain refrigeration or air conditioning products or equipment. Notwithstanding subsection 5, paragraph A or any other provision of Title 10 Part 14 Chapter 1103 to the contrary, a municipality may not adopt or enforce any provision of a building code, including the Maine Uniform Building and Energy Code, that prohibits the installation or use of acceptable refrigeration or air conditioning products or equipment.

As used in Title 10 §9724 subsection 7, "acceptable refrigeration or air conditioning products or equipment" means refrigeration or air conditioning products or equipment that:

A. Uses a refrigerant listed by the United States Environmental Protection Agency in regulations adopted pursuant to 42 United States Code, Section 7671k as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits; and [PL 2021, c. 524, §5 (NEW).]

B. Is installed in accordance with any applicable conditions or limitations imposed by the regulations described in paragraph A.

History

• STATUTORY AUTHORITY: Title 10 M.R.S. §9721 et seq.
• EFFECTIVE DATE: October 11, 2010 – filing 2010-466
• AMENDED: January 23, 2018 – filing 2018-006
• AMENDED: May 10, 2021 – filing 2021-094 (EMERGENCY)
• AMENDED: August 26, 2021 – filing 2021-168
• AMENDED: March 4, 2025 – filing 2025-042
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 18, 2025
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-642 C.M.R. Ch. 1) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.
• APAO ACCESSIBILITY CHECK: NONSUBSTANTIVE CORRECTIONS (updates of references to agency of jurisdiction over the rule and chapter number cross-references):
• APAO ACCESSIBILITY CHECK: July 22, 2026

Chapter 3 Maine Uniform Building Code and Uniform Energy Code - Third Party Inspectors (TPI) (formerly 16-642 C.M.R. Ch. 2)

Code Me. R. 08-003 Ch. 3 MAINE UNIFORM BUILDING AND ENERGY CODE - THIRD PARTY INSPECTORS (“TPI”) (formerly 16-642 C.M.R. Ch. 2) {#sec-08-003-ch.-3 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 3}

SUMMARY: All building construction within the State of Maine shall be governed by the Maine Uniform Building and Energy Code (“MUBEC”), which is adopted by the Technical Building Codes and Standards Board by rule in Chapters 2 through 8 pursuant to 10 M.R.S Chapter 1103, §9721, et seq . The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

These rules set forth the methods by which municipalities and MUBEC certified Code Officials may utilize a Third Party Inspector (TPI) as an option for the enforcement of the MUBEC, the role of a TPI and the work product requirements for the TPI.

SECTION 1. PURPOSE AND SCOPE

A municipality or Applicant may choose to engage a Third-Party Inspector (TPI) to review Construction Documents and inspect construction to ensure compliance with certain components of the MUBEC. In order to perform the duties enumerated in this rule for compensation, a TPI must be certified by the Maine Office of Community Affairs. The specific inspection services under Title 30-A M.R.S. §4451 for compliance with the MUBEC to be provided by the TPI and the level of remuneration shall be defined in a private written agreement signed by the TPI and the municipality, Applicant, or Client.

SECTION 2. AUTHORITY

The authority for Third Party Inspectors is found in Title 25 M.R.S. §§ 2353-A and 2371 et seq. .

TPI authority is limited to the MUBEC certifications only and does not include the authorities of Court Rule 80K, Shoreland Zoning, Land Use, or Local Plumbing Inspector without appointment by a municipality and certification as stated in Title 30-A §4451. Municipalities with a population with fewer than 4,000 are not required to enforce the MUBEC but may formally acknowledge enforcement as outlined in this Chapter.

A TPI may not hold a pecuniary interest, directly or indirectly, in any building for which the TPI issues an inspection report pursuant to Title 25 §2373 and may not serve as a TPI in any municipality where that TPI has been appointed as a building official or code enforcement officer.

SECTION 3. DEFINITIONS

Applicant. The Applicant is the owner or authorized agent or legal entity proposing the construction project.

Area(s) of Certification. The Area of Certification is the component of the MUBEC in which the TPI has been awarded Certification by the Maine Office of Community Affairs. A TPI may hold multiple Areas of Certification.

Certificate of Completion. The Certificate of Completion is the document issued by the TPI that certifies the Project was completed in compliance with the components of the MUBEC for which the TPI is certified.

Client. The Client is the person or entity named in the private written agreement as the person or entity responsible for engaging and providing compensation to the TPI.

Construction Documents. The Construction Documents describe the proposed project and include drawings, plans, technical specifications and any other documents that describe the proposed Project.

Inspection Report. Every time a TPI visits the Project Site, the TPI shall create an Inspection Report that lists their observations and summarizes any discussions between the TPI and the Applicant, Client or their agent.

MUBEC (also “the Code”). “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to Title 10 M.R.S. §9271, et seq.

Notice of Approval of Construction Documents. The Notice of Approval of Construction Documents shall be in the form of a letter issued by the TPI to the Applicant, Client, and the municipality.

Project. The Project is the proposed construction, generally a building, and including the land upon which construction occurs.

Project File. The Project File shall be created and maintained by the TPI and shall include, at a minimum, documents listed in Section 5.

Third-Party Inspector (TPI). “TPI” means a person certified by the Maine Office of Community Affairs to conduct inspections under Title 30-A M.R.S. §4451, for compliance with the MUBEC.

SECTION 4. NOTICE OF APPROVAL OF CONSTRUCTION DOCUMENTS

A TPI shall review the Applicant’s or Client’s proposed Construction Documents, compliance with the MUBEC. If the TPI finds the proposed construction complies with the Code, the TPI shall issue a Notice of Approval of Construction Documents. This notice shall list the specific Area(s) of Certification for which the TPI is certified and the components of the MUBEC for which the proposed construction is deemed compliant.

SECTION 5. PROJECT FILE

1. A Project File shall be created, maintained and retained by the TPI and a copy provided to the municipality. The Applicant, Client, and municipality shall, at all times, have reasonable access to the Project File.

2. The Project File shall contain the following:

A. All written correspondence between the TPI and the Applicant or Client regarding the proposed construction. The inclusion of the private written agreement for services by and between the TPI and Client is voluntary.

B. A copy of the Construction Documents.

C. A copy of the Notice of Approval of Construction Documents.

D. A copy of any modifications to the Construction Documents approved by the TPI.

E. A copy of all Inspection Reports created by the TPI.

F. A copy of the Certificate of Completion.

SECTION 6. INSPECTIONS

1. The Project shall remain accessible and the work exposed for inspection purposes until approved by the TPI.

2. The TPI, upon notification by the Applicant or the Client, shall make inspections pursuant to Chapter 2 of the applicable component(s) of the MUBEC. Such inspection(s) shall be within the specific Area(s) of Certification for which the TPI is certified.

SECTION 7. INSPECTION REPORT

1. The Inspection Report shall be prepared, dated and signed, by the TPI. The Inspection Report shall include, but not be limited to the following information:

A. A general description of each Code item reviewed for compliance.

B. A record of any work found to be in noncompliance with the Code and any guidance the TPI offered regarding correcting such work.

C. A listing of any work found to be noncompliant shall be described and identified by Code section.

D. Documentation that any noncompliant work has been corrected and a description of the corrective work.

E. A general description of the stage of the proposed construction that was observed.

SECTION 8. PROJECT COMPLETION

1. When the TPI is notified that construction is complete, the TPI shall conduct a final inspection and create a final inspection report.

2. If, based on the final inspection, the TPI deems components of the project are in compliance with the MUBEC, the TPI shall issue a Certificate of Completion. The Certificate of Completion shall note the TPI’s Area(s) of Certification and any other limitations.

3. The TPI shall also present the Certificate of Completion to the municipality who shall acknowledge receipt. The municipality is only acknowledging the work of the TPI and not assuming responsibility for compliance.

4. Municipality is required to accept the Certificate of Completion indicating the work has been finished and shall provide acknowledgement to the applicant. Acknowledgement shall act as Certificate of Occupancy in respect to the MUBEC portion of the project.

History

• STATUTORY AUTHORITY: Title 25 M.R.S. §§ 2353-A and 2371 et seq.
• EFFECTIVE DATE: October 11, 2010 – filing 2010-471
• AMENDED: January 23, 2018 – filing 2018-007
• AMENDED: March 4, 2025 – filing 2025-043
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-642 C.M.R. Ch. 2) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.
• APAO ACCESSIBILITY CHECK: NONSUBSTANTIVE CORRECTIONS (updates of references to agency of jurisdiction over the rule and chapter number cross-references):
• APAO ACCESSIBILITY CHECK: July 22, 2026

Chapter 4 Maine Uniform Building and Energy Code - Commercial Building Code of Maine (formerly 16-642 C.M.R. Ch. 3)

Code Me. R. 08-003 Ch. 4 MAINE UNIFORM BUILDING AND ENERGY CODE - COMMERCIAL BUILDING CODE OF MAINE (formerly 16-642 C.M.R. Ch. 3) {#sec-08-003-ch.-4 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 4}

SUMMARY: This chapter establishes the Commercial Building Code component of the Maine Uniform Building and Energy Code “MUBEC.” The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference. This chapter also contains requirements for the enforcement of the Statewide Commercial Building code by local building officials.

SECTION 1. PURPOSE AND SCOPE

All building construction within the State of Maine shall be governed by the MUBEC. The MUBEC is adopted by the Technical Building Codes and Standards Board pursuant to Title 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

This chapter sets forth the standards for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure, with the exception of detached one and two-family dwellings and townhouses.

EFFECTIVE DATE: The effective date of this Chapter is 90 days after approval by the Commissioner of the Department of Public Safety.

SECTION 2. AUTHORITY

The authority for this Chapter is Title 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code.

SECTION 3. DEFINITIONS

1. IBC. “IBC” means the 2021 International Building Code, published by the International Code Council, Inc.

2. NFPA. “NFPA” means The National Fire Protection Association.

3. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to 10 M.R.S. §9271 et seq.

4. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to Title 5 M.R.S. §12004-G, subsection 5-A and Title 10 M.R.S. §9722.

SECTION 4. INCORPORATION BY REFERENCE

1. The following Chapters of the 2021 International Building Code, published by the International Code Council, Inc. are hereby adopted and incorporated by reference:

A. Chapters 1 –28

B. Chapters 30 – 33

C. Chapter 35

D. Appendix C

E. Appendix O

2. The following Chapters and appendices of the IBC are specifically excluded from adoption:

A. Chapter 29 PLUMBING SYSTEMS

B. Appendix A --B, D -- N

SECTION 5. REVISIONS TO THE IBC

The following additions, insertions, deletions, and other changes are hereby made to the 2021 International Building Code:

1. Section 101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

2. Generally all sections

Delete all references to “International Fuel Gas Code”; and

Insert “NFPA 54 National Fuel Gas Code; Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465; and the Maine Fuel Board Rules and codes and standards adopted pursuant to Title 32 Chapter 139” in its place.

3. Generally all sections

Delete all references to “International Plumbing Code”; and

Insert “Maine State Plumbing Code, adopted pursuant to Title 32, M.R.S §3404-B” in its place.

4. Generally all sections

Delete all references to “International Private Sewage Disposal Codes”; and

Insert “Maine Subsurface Wastewater Disposal Rules, adopted pursuant to Title 32, M.R.S §4906-A and Title 22 §42” in its place.

5. Generally all sections

Delete “International Property Maintenance”; and

Insert “NFPA 1; Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465” in its place.

6. Generally all sections

Delete all references to “International Fire Code”; and

Insert “NFPA 1; Fire codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465” in its place.

7. Section 101.4.2

Insert (after “International Mechanical Code”) “and NFPA 54 National Fuel Gas Code; Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465; and the Maine Fuel Board Rules.”

8. Section 102.1

Insert (at the end of the paragraph) “No provisions of the MUBECshall be construed to prohibit the adoption or enforcement of an ordinance of any political subdivision that sets forth provisions for local enforcement of building codes e.g. zoning, comprehensive plan and similar ordinances. Such ordinances may include items such as, permits, permit fees, boards of appeals and violations.”

9. Section 102.4.1

Delete Section 102.4.1 in its entirety, without substitution.

10. Section 102.4.2

Delete Section 102.4.2 in its entirety, without substitution.

11. Section 103

Delete Section 103 “Department of Building Safety” in its entirety, without substitution.

12. Section 104.8

Delete all language in Section 104.8; and

Insert “14 MRSA §8101” in its place.

13. Section 105.1

Insert (at the end of the last sentence in the paragraph) “where required by municipal ordinance”

14. Section 105.2

Insert (at the end of the paragraph) “Structures exempt from permits shall be located and constructed in compliance with zoning and floodplain regulations”

15. Section 109

Delete Section 109 “Fees” in its entirety, without substitution.

16. Section 113

Delete Section 113 “Means of Appeals” in its entirety, without substitution.

17. Section 114

Delete Section 114 “Violations” in its entirety, without substitution.

18. Section 202 Definitions - REGISTERED DESIGN PROFESSIONAL

Delete “state or jurisdiction in which the project is to be constructed.” and

Insert “State of Maine, pursuant to Title 32, Chapter 3-A, Subchapter 2, §220.1 and/or Title 32, Chapter 19, Subchapter 3, §1351.”

19. Section 308.2.3

Delete All language in section 308.2.3; and

Insert “NFPA 101 Chapter 16; Life Safety codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465.”

20. Section 308.5

Delete All language in section 308.5; and

Insert “NFPA 101 Chapter 16; Life Safety codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465.”

21. Section 308.5.1

Delete “A child day care facility that provides care for more than five but not more than

100 children 2 ½ years or less of age”; and

Insert “NFPA 101; Life Safety codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465 for daycare facilities.” in its place.

22. Section 308.5.2

Delete Section 308.5.2 and the exceptions thereto, in its entirety, without substitution.

23. Section 404.6

Delete all language in Section 404.6; and

Insert “NFPA 101 Chapter 8.6.7; Life Safety codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465” in its place.

24. Section 509.4.2.1

Delete all language in Section 509.4.2.1; and

Insert “As allowable and defined per NFPA 101 Chapter 9.7.1.2 adopted pursuant to Title 25 M.R.S §§ 2452 and 2465” in its place.

25 . Section 716.2.6.2

Insert a new Section 716.2.6.2.1to read: “Every door assembly in a stair enclosure serving more than four (4) stories shall permit re-entry from the enclosure to the interior of the building. Exception: An automatic release that is actuated with the initiation of the building fire alarm or fire detection system shall be provided to unlock all stair enclosure door assemblies to allow re-entry.”

26. Section 903.2.1.2

Delete “100”; and

Insert “300”

27. Section 903.2.8

Insert after section language in Sec. 903.2.8 “ Exception: An automatic sprinkler system shall not be required in Group R-2 and R-3 occupancies if all of the following conditions are met:

Building area shall be limited to 600 square feet

2. Building shall be limited to a single story and not include a basement, loft, or mezzanine.

3. Occupancy is limited to 12 occupants or less

4. All sleeping areas shall have a minimum of one exit directly at grade as well

as one additional compliant means of escape

5. Equipment requiring fuel combustion, including, but not limited to, heating

and cooking equipment, shall not be allowed.

6. Sleeping area shall not be part of a mixed occupancy

7. Buildings of this type shall be located at least 10 feet away from the nearest

structure or building governed by this code.

8. Occupancy limits per code shall be posted at the door of the structure.”

9. Section 903.3.1

Insert (at the end of the first sentence)“and any other adopted standard of the Office of the State Fire Marshal and in accordance with the sprinkler rules in the Office of the State Fire Marshal fire sprinkler technical policy”

29. Section 903.3.1.2

Delete all language from Section 903.3.1.2 - NFPA 13R sprinkler systems, not including Sections 903.3.1.2.1 through 903.3.1.2.3; and

Insert “Automatic sprinkler systems in Group R occupancies up to and including four stories in height in buildings not exceeding 60 feet (18,288 mm) in height above grade plane shall be permitted to be installed throughout in accordance with NFPA 13R.

The number of stories of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 shall be measured from the horizontal assembly creating separate buildings.” in its place.

30. Section 1004.5, Exception

Insert (after “design occupant load.”) “This exception does not apply to egress elements and is for plumbing fixture count purposes only.”

31. Section 1005.1

Insert (within the paragraph; after) “The means of egress width shall not be less than required by this section. The total width of means of egress in inches (mm) shall not be less than the total occupant load served by the means of egress multiplied by 0.3 inches (7.61mm) per occupant for stairways.

Exception: Board and Care 0.4; Health Care - Sprinkled 0.3; Health Care Non-sprinkled 0.6.”

32. Section 1005.3.1 Stairways

Exception 1:

Delete “egress capacity factor of 0.2 inch (5.1 mm) per occupant”; and

Insert “egress capacity factor of0.3 inch (7.6mm) per occupant pursuant to NFPA 101 Table 7.3.3.1 adopted Life Safety codes and standards Title 25 M.R.S §§ 2452 and 2465” in its place.

33. Section 1005.3.1 Stairways

Exception 2:

Delete “Table 1030.6.2”; and

Insert “pursuant to NFPA 101 Table 12.4.2.3 adopted Life Safety codes and standards Title 25 M.R.S §§ 2452 and 2465” in its place.

34. 1005.3.1 Stairways

Exception 3:

Delete “Section 1030.6.2”; and

Insert “pursuant to NFPA 101 Table 12.4.2.3 adopted Life Safety codes and standards Title 25 M.R.S §§ 2452 and 2465” in its place.

Delete "Table 1030.6.”; and

I nsert “NFPA 101 Table 12.4.2.3 pursuant to Title 25 M.R.S §§ 2452 and 2465” in its place.

35. Section 1010.2.11

Insert (within the first paragraph, after “except group H”) “and group E”

36.Section 1010.2.12

Insert (within the first paragraph, after “except group H”) “and group E”

37. Section 1017.2 Table

Delete Table 1017.2 ; and

Insert “NFPA 101-2018 Table A7.6; Life Safety codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465” in its place.

38. Section 1031.3.1

Delete “ Exception: The minimum net clear opening for grade-floor emergency escape and rescue openings shall be 5 square feet (0.46 m²).”

39. Section 1031.5.1

Insert (at the end of the first sentence) “the means of escape shall be continuously maintained free of all obstructions or impediments to full use in case of fire or other emergency.”

40. Section 1208.4 Efficiency dwelling units.

Delete from item 1 “190 square feet (17.7 m ² )”; and

Insert “160 square feet (14.9 m ² )” in its place.

41. Section 2801.1

Insert (before “Chapter 21” reference) “, ASHRAE 62.1 2019 edition and”

42. Section 3109.1

Delete Section 3109.1; and

Insert “ Public Pools and Spas pursuant to Title 22 M.R.S §2661 ” in its place.

43. Appendix O, Section O101.6.1

Delete from language“or recognized expert”

History

• STATUTORY AUTHORITY: Title 10 M.R.S. §9722
• EFFECTIVE DATE: October 11, 2010 – filing 2010-468
• AMENDED: January 23, 2018 – filing 2018-008
• AMENDED: November 14, 2021 – filing 2021-227
• AMENDED: March 4, 2025 – filing 2025-044
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-642 C.M.R. Ch. 3) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 5 Maine Uniform Building and Energy Code - Existing Building Code (formerly 16-642 C.M.R. Ch. 4)

Code Me. R. 08-003 Ch. 5 MAINE UNIFORM BUILDING AND ENERGY CODE - EXISTING BUILDING CODE (formerly 16-642 C.M.R. Ch. 4) {#sec-08-003-ch.-5 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 5}

SUMMARY: This chapter establishes the Existing Building code component of the Maine Uniform Building and Energy Code (“MUBEC”).The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference.

SECTION 1. PURPOSE AND SCOPE

All building construction within the State of Maine shall be governed by the MUBEC. The MUBEC is adopted by the Technical Building Codes and Standards Board pursuant to Title 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building codes throughout the State of Maine.

This chapter sets forth the standards for the repair, alteration, change of occupancy, addition and relocation of all existing buildings.

EFFECTIVE DATE: The effective date of this Chapter is 90 days after approval by the Commissioner of the Department of Public Safety .

SECTION 2. AUTHORITY

The authority for this Chapter is Title 10 M.R.S. §9721, et seq. , which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code.

SECTION 3. DEFINITIONS

1. IEBC. “IEBC” means the 2021International Existing Building code, published by the International Code Council, Inc.

2. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to Title 10 M.R.S. §9721, et seq.

3. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to Title 5 M.R.S. §12004-G, subsection 5-A and Title 10 M.R.S. §9722.

SECTION 4: INCORPORATION BY REFERENCE

1. Chapters 1 – 16 and Appendices A, B, and C of the 2021International Existing Building Code, published by the International Code Council, Inc., are hereby adopted and incorporated by reference.

SECTION 5. REVISIONS TO THE IEBC

The following additions, insertions, deletions, and other changes are hereby made to the 2021 International Existing Building Code:

1. Generally all sections

Delete “International Fire Code”; and

Insert “NFPA1 and NFPA 101 as applicable; Fire code and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465” in its place.

2 . Generally all sections

Delete “International Fuel Gas Code”; and

Insert “NFPA 54 Fuel Gas Code; Fire codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465” in its place.

3. Generally all sections

Delete “ International Plumbing Code ” ; and

Insert “ Maine State Plumbing Code ” in its place.

4.Generally all sections

Delete “ICC 300”; and

Insert “NFPA 102 as adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465 ” in its place.

5 . Section 101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

6. Section 103

Delete Section 103 “Code Compliance Agency” in its entirety, without substitution.

7. Section 105.1

Insert (at the end of the paragraph), “where required by municipal ordinance.”

8. Section 105.2

Insert (at the end of the paragraph after “jurisdiction.” and before “Permits”): “Structures exempt from permits shall be located in compliance with zoning and floodplain regulations.”

9 . Sections 112

Delete Section 112 “Means of Appeals” in its entirety, without substitution.

10. Section 702.7

Delete “International Plumbing Code”; and

Insert “Maine State Plumbing Code, Maine State Fuel Gas and mechanical provisions” in its place.

11. Section 702.7.1

Delete “International Fuel Gas Code”; and

Insert “NFPA 54 Fuel Gas Code; Fire codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465” in its place.

12. Section 807.1

Insert after International Mechanical Code “or applicable NFPA 96 and NFPA 54”

13. Section 1008.1

Insert (after “respective International Mechanical Code provisions”) “and applicable provisions of NFPA 96; Fire codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465”

14. Section 1301.3.2

Delete “International Fire Code and the International Property Maintenance Code.”; and

Insert “NFPA 1 and NFPA 101; Fire codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465” in its place.

15. Section 1401 General

Delete “International Fire Code and the International Property Maintenance Code.”; and

Insert “NFPA 1 and NFPA 101; Fire codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465” in its place.

History

• STATUTORY AUTHORITY: Title 10 M.R.S. §9722, sub-§6
• EFFECTIVE DATE: October 11, 2010 – filing 2010-469
• AMENDED: January 23, 2018 – filing 2018-009
• AMENDED: March 4, 2025 – filing 2025-045
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-642 C.M.R. Ch. 4) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 6 Maine Uniform Building and Energy Code - Residential Building Code for One and Two-Family Dwellings in Maine (formerly 16-642 C.M.R. Ch. 5)

Code Me. R. 08-003 Ch. 6 MAINE UNIFORM BUILDING AND ENERGY CODE - RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE (formerly 16-642 C.M.R. Ch. 5) {#sec-08-003-ch.-6 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 6}

SUMMARY: This chapter establishes the Residential Building Code for One and Two-Family Dwellings component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference.

SECTION 1. PURPOSE AND SCOPE

All building construction within the State of Maine shall be governed by the MUBEC. The MUBEC is adopted by the Technical Building Codes and Standards Board pursuant to Title 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

This chapter sets forth the standards for residential construction for one and two-family dwellings that are part of the MUBEC. It applies to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

EFFECTIVE DATE: The effective date of this Chapter is 90 days after approval by the Commissioner of the Department of Public Safety .

SECTION 2. AUTHORITY

The authority for this Chapter is Title 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code.

SECTION 3. DEFINITIONS

1. IRC. “IRC” means the 2021 International Residential Code, published by the International Code Council, Inc.

2. NFPA. “NFPA” means The National Fire Protection Association.

3. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to Title 10 M.R.S. §9271, et seq..

4. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to Title 5 M.R.S. §12004-G, subsection 5-A and Title 10 M.R.S. §9722.

SECTION 4: INCORPORATION BY REFERENCE

1. The following Chapters of the 2021 International Residential Code, published by the International Code Council, Inc., are hereby adopted and incorporated by reference:

A. Chapters 1 - 11

B. Chapter 15

C. Chapter 44

D. Appendices AJ, AQ, AR, AS, AU, and AW

2. The following Chapters and appendices of the IRC are specifically excluded from adoption:

A. Chapters 12 - 14

B. Chapters 16 – 43

C. Appendices AA - AI, AK - AP, AT, AV, and AX

SECTION 5. REVISIONS TO THE IRC

The following additions, insertions, deletions, and other changes are hereby made to the 2021 International Residential Code:

1. Generally all sections

Reference to “P2904” or “NFPA 13D” means; “A Sprinkler System in compliance with Fire Codes and Standards adopted pursuant to Title 25, sections 2452 and 2465”

2. Generally all sections

Delete “International Fire Code”; and

Insert “Fire codes and standards adopted pursuant to Title 25, M.R.S §§ 2452 and 2465 as applicable” in its place.

3. Generally all sections

Delete “International Fuel Gas Code”; and

Insert “NFPA 54 National Fuel Gas Code; Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465; and the Maine Fuel Board Rules and codes and standards adopted pursuant to Title 32 Chapter 139” in its place.

4. Generally all sections

Delete “International Plumbing Code”; and

Insert “State of Maine Plumbing Code adopted pursuant to Title 32, M.R.S § 3403-B as applicable” in its place.

5. Generally all sections

Delete “International Property Maintenance Code” without substitution.

6. Generally all sections

Delete “International Private Sewerage Disposal Code”; and

Insert “State of Maine Subsurface Wastewater Disposal Rules adopted pursuant to Title 42, M.R.S § 42 (3, 3-A, 3-B) as applicable” in its place.

7. Section R101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

8. Section R101.2

Delete entire Exception and Subcategories; and

Insert “ Exception: The following shall be permitted to be constructed in accordance with this code:

1. Live/Work unit provided the portion used exclusively for nonresidential use shall be limited to less than 10 percent of the area of the dwelling unit.

2. Detached one- and two-family dwellings or townhouses accommodating no more than 3 outsiders in rented rooms provided the rooms do not contain separate cooking facilities.

3. A “Day-Care Home” as defined by “Fire Codes and Standards adopted pursuant to Title 25, M.R.S §§ 2452 and 2465” in its place.

4. Section R103

Delete Section R103 “Department of Building Safety” in its entirety, without substitution.

10. Section R104.8

Delete all language in Section R104.8 Liability.; and

Insert “Title 14 M.R.S. Chapter 741” in its place.

11. Section R105.1

Insert “where required by municipal ordinance.” at the end of the paragraph.

12. Section R105.2

Insert “or as further exempted by municipal ordinance.” at the end of the paragraph.

Delete language in“Building” category item #3; and

Insert “Retaining walls that are not over 4 feet (1219 mm) in height measured from finish grade to the top of the wall, unless supporting a surcharge.” in its place.

Delete categories and associated subcategories “Electrical”, “Gas”, “Mechanical”, and “Plumbing” in their entirety.

13. Section R105.3

Delete “department of building safety” in the first paragraph; and

Insert “municipality” in its place.

14. Section R105.3.1

Delete “within a reasonable time after filing”; and

Insert “in accordance with Title 30A M.R.S. §4103” in its place.

15. Section R108

Delete Section R108 “Fees” in its entirety, without substitution.

16. Section R112

Delete Section R112 “Board of Appeals” in its entirety, without substitution.

17. Section R113

Delete Section R113 “Violations” in its entirety, without substitution.

18. Section R301.2

Insert new Section “R301.2.5 “Radon Control”: A Radon Control system constructed in compliance with ASTM E1465-08 Standard Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings, shall be installed in new one- and two-family dwellings and townhouses.”

19. Table R302.6

Delete all reference to “½-inch gypsum board or equivalent”; and

Insert “5/8-inch Type-X gypsum board or equivalent” in its place.

20. Section R310.2.1

Delete “Exception: The minimum net clear opening for grade-floor emergency escape and rescue openings shall be 5 square feet (0.465 m2).”

21. Section 310.4

Insert at end of sentence: “Area wells shall be maintained free and clear at all times.”

22. Section R313.1.1

Delete all language after heading in R313.1.1; and

Insert “Automatic sprinkler systems for townhouses shall be designed and installed in compliance with Fire Codes and Standards adopted pursuant to Title 25, M.R.S §§ 2452 and 2465” in its place.

23. Section R313.2

Delete all language after heading in R313.2; and

Insert “An automatic sprinkler system is not required in one- and two-family dwellings , including additions or alterations to existing buildings that are not already provided with a sprinkler system.” in its place.

24. Section R313.2.1

Delete all language after heading in R313.2.1; and

Insert “Automatic sprinkler systems shall be designed and installed in compliance with Fire Codes and Standards adopted pursuant to Title 25, M.R.S §§ 2452 and 2465” in its place.

25. Section R502.1.1

Insert after section:

“ Exceptions:

1. Sawn lumber used in buildings and structures exempt from permit by R105.2

2. Sawn lumber used in free-standing non-habitable accessory structures with an area of 600 square feet (56 m2) or less, of light-frame construction, with an eave height of 10 feet (3048 mm) or less.”

3. Section R602.1.1

Insert after section:

“ Exceptions:

1. Sawn lumber used in buildings and structures exempt from permit by R105.2

2. Sawn lumber used in free-standing non-habitable accessory structures with an area of 600 square feet (56 m2) or less, of light-frame construction, with an eave height of 10 feet (3048 mm) or less.”

3. Section R802.1.1

Insert after section:

“ Exceptions:

1. Sawn lumber used in buildings and structures exempt from permit by R105.2

2. Sawn lumber used in free-standing non-habitable accessory structures with an area of 600 square feet (56 m2) or less, of light-frame construction, with an eave height of 10 feet (3048 mm) or less.”

3. Section M1505.1

Insert (at the end of the sentence) “, the International Mechanical Code as applicable, ASHRAE 62.2-2019, or other approved means of ventilation.”

29. Chapter 44

Insert (after “NFPA”) “Where the edition of a listed standard conflicts with the edition of a standard adopted by the Maine Office of State Fire Marshal, the version adopted by the Maine Office of State Fire Marshal is applicable to the extent referenced by this code.”

History

• STATUTORY AUTHORITY: Title 10 M.R.S. §9722
• EFFECTIVE DATE: October 11, 2010 – filing 2010
• AMENDED: January 23, 2018 – filing 2018-010
• AMENDED: March 4, 2025 – filing 2025-046
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-642 C.M.R. Ch. 5) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 7 Maine Uniform Building and Energy Code - Energy Code (formerly 16-642 C.M.R. Ch. 6)

Code Me. R. 08-003 Ch. 7 MAINE UNIFORM BUILDING AND ENERGY CODE - ENERGY CODE (formerly 16-642 C.M.R. Ch. 6) {#sec-08-003-ch.-7 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 7}

SUMMARY: This chapter establishes the Energy Conservation code component of the Maine Uniform Building and Energy Code (“MUBEC”). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc. and is made part of the MUBECthrough incorporation by reference.

SECTION 1. PURPOSE AND SCOPE

All building construction within the State of Maine shall be governed by the MUBEC. The MUBEC is adopted by the Technical Building Codes and Standards Board pursuant to Title 10 M.R.S. §9722. The primary objective of the Board is to adopt, amend, and maintain the Maine Uniform Building and Energy Code.

This chapter sets forth the regulation of the design and construction of buildings for the effective use of energy and is applicable to both residential and commercial buildings.

EFFECTIVE DATE: The effective date of this Chapter is 90 days after approval by the Commissioner of the Department of Public Safety .

SECTION 2. AUTHORITY

The authority for this Chapter is Title 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain theMaine Uniform Building and Energy Code.

SECTION 3. DEFINITIONS

1. IECC. “IECC” means the 2021 International Energy Conservation Code, published by the International Code Council, Inc.

2 . MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to Title 10 M.R.S. §9721, et seq .

3. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to Title 5 M.R.S. §12004-G, subsection 5-A and Title 10 M.R.S. §9722.

4 . MUBEC Stretch Code. An alternative building energy code adopted and maintained by the board as an appendix to the MUBEC, that is more stringent from the perspective of energy efficiency, carbon reductions, and resilience than the currently adopted edition of the Energy Code. The provisions of the MUBEC Stretch Code are contained in Appendix NA of this rule.

SECTION 4: INCORPORATION BY REFERENCE

The 2021 International Energy Conservation Code, published by the International Code Council, Inc., is hereby adopted and incorporated by reference.

MUBEC Stretch Code. A municipality may, pursuant to Title 10 M.R.S §9722, elect to adopt the MUBEC Stretch Code. If a municipality adopts the MUBEC Stretch Code, the provisions of the Stretch Code are mandatory in that municipality. The provisions of the MUBEC Stretch Code are contained in Appendix NA of this rule.

SECTION 5. REVISIONS TO THE COMMERCIAL PROVISIONS OF THE 2021 IECC

The following additions, insertions, deletions, and other changes are hereby made to the 2021International Energy Conservation Code, Commercial Provisions:

1. Section C101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

2. Section C102.1.1

Delete all language from section; and

Insert “ Buildings certified in compliance with PassiveHouse or PHIUS programs or buildings that meet the requirements identified in Table C407.2 shall be considered in compliance with the Energy Code.” in its place.

Section C102.1.2

Insert a new section “C102.1.2 Optional Appendices.

Appendices CB and CC of the 2021 IECC are intended to provide flexibility to permit the use of more than one approach or technique to achieve compliance with the code.”

Section C102.1.2.1

Insert a new section “C102.1.2.1 Appendix CB. Where new construction satisfies the provisions of Appendix CB of the 2021 IECC and Section C401.2 it shall be considered in compliance with the Energy Code.”

Section C102.1.2.2

Insert a new section “C102.1.2.2 Appendix CC. Where new construction satisfies the provisions of Appendix CC of the 2021 IECC and the requirements identified in Table C407.2 it shall be considered in compliance with the Energy Code.”

6. Section C104

Delete Section C 104 “Fees” in its entirety, without substitution. Fees are a local permitting issue.

7. Section C110

Delete Section C110 “Board of Appeals” in its entirety, without substitution. Appeals are handled at a local level.

SECTION 6. REVISIONS TO THE RESIDENTIAL PROVISIONS OF THE 2021 IECC

The following additions, insertions, deletions, and other changes are hereby made to the 2021International Energy Conservation Code, Residential Provisions:

1. Section R101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

2. Section R102.1.1

Delete from language “The code official or other authority having jurisdiction shall be permitted to deem a national, state or local energy-efficiency program to exceed the energy efficiency required by this code. Buildings approved in writing by such an energy-efficiency program shall be considered to be in compliance with this code”; and

Insert “Buildings certified in compliance with PassiveHouse, Phius, or the US Department of Energy’s Zero Energy Ready Home programs shall be considered in compliance with the Energy Code” in its place.

3. Section R102.1.2

Insert new section “ R102.1.2 Optional Appendices.

Appendices RB, and RC of the 2021 IECC are intended to provide flexibility to permit the use of more than one approach or technique to achieve compliance with the code.”

4. Section R.102.1.2.1

Insert new section“ R102.1.2.1 Appendix RB.

Where new construction satisfies the provisions of Appendix RB of the 2021 IECC and Section R401.2 it shall be considered in compliance with the Energy Code.”

5. Section R.102.1.2.2

Insert new section“ R102.1.2.2 Appendix RC.

Where new construction satisfies the provisions of Appendix RC of the 2021 IECC and the requirements identified in Table R405.2 it shall be considered in compliance with the Energy Code.”

6. Section R104

Delete Section R104 “Fees” in its entirety, without substitution. Fees are a local permitting issue.

7. Section R110

Delete Section R110 “Means of Appeals” in its entirety, without substitution. Appeals are handled at a local level.

8. Table R402.1.3

Delete values from column “Wood Frame Wall R-Value” in “Climate Zone” rows “6” and “7 and 8”; and

Insert “ 30 or 20 + 10ci or 13 + 15ci or 0 + 20ci” in its place.

As shown below:

CLIMATE ZONE

WOOD FRAME WALL R -VALUE^g

6

30 or 20 +10ci or 13 + 15ci or 0 + 20ci

7 and 8

30 or 20 +10ci or 13 + 15ci or 0 + 20ci

Informational Note: Remainder of table remains unchanged.

9. Section R402.2.13

Insert a new section “ R402.2.13 Above grade walls. Above grade walls shall comply with this section.”

10. Section R402.2.13.1

Insert a new section “ R402.2.13.1 IRC Compliance.

Insulation for above grade walls must also show compliance with IRC Section R702.7.”

11. Section R402.2.13.2

Insert a new section “ R402.2.13.2 Exterior insulation.

Where insulation for above grade walls uses less than R-10ci for exterior insulation, a dew point calculation showing that the temperature of the condensing surface is greater than 41 degrees F at 35% humidity shall be completed by a registered design professional or approved agency and provided to the code official for review.

Exceptions:

• • 1. Where the wall assembly uses cavity only insulation. 2. Where the wall assembly has a permeability of greater than 5 perms.”

Section R402.4.1.2

Delete (from the second sentence) “5.0”; and

Insert “3.0” in its place.

Delete (from the second sentence) “0.28”; and

Insert “0.20” in its place.

Section R402.4.1.3

Delete Section R402.4.1.3 in its entirety.

Section R402.4.7

Insert a new section “R402.4.7 Bulkhead enclosures.

Where a bulkhead enclosure is installed for basement access, a wall and vertical door must be installed at the base of the stairs or where the bulkhead enclosure meets the basement wall and must be air sealed in accordance with Table R402.4.1.1.”

Table R405.2

Insert new row in table (after “ R402.2.10.1| Crawl space wall insulation installation”) with the text “R402.2.13” in the first column and “ Above grade walls” in the second column.

As shown below:

Building Thermal Envelope

R402.1.1

Vapor retarder

R402.2.3

Eave baffle

R402.2.4.1

Access hatches and doors

R402.2.10.1

Crawl space wall insulation installation

R402.2.13

Above grade walls

Informational Note: Remainder of table remains unchanged.

APPENDIX NA. MUBEC STRETCH CODE

The 2021 Stretch Code is created to lower energy consumption in both commercial and residential projects compared to the 2021 IECC.

Commercial Projects: The Total Building UA for the project, calculated as outlined in C402.1.5, shall exceed the UA requirements by at least 15% over a code compliant project. This means that the Envelope PASSES design by 15% better (or more) than code per the COMCheck compliance calculation .

Residential Projects: The Total Building UA for the project, calculated as outlined in R402.1.5, shall exceed the UA requirements by at least 15% over a code compliant project. This means that the Envelope PASSES design by 15% better (or more) than code per the RESCheck compliance calculation . For residential projects that do not include fossil fuels for any use (heating, cooling, hot water, backup heat, cooking, etc.) the Total Building UA shall exceed the UA requirements by at least 10% over a code compliant project. This electrification incentive allows the use of fossil fuels for backup power generation.

History

• STATUTORY AUTHORITY: Title 10 M.R.S. §9722
• EFFECTIVE DATE: October 11, 2010 – filing 2010-471
• AMENDED: January 23, 2018 – filing 2018-011
• AMENDED: May 10, 2021 – filing 2021-095 (EMERGENCY)
• AMENDED: August 26, 2021 – filing 2021-169
• AMENDED: March 4, 2025 – filing 2025-047
• APAO ACCESSIBILITY CHECK: July 31, 2025 (Agency resolution of an accessibility issue resulting from the use of a table in the rule is needed)
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-642 C.M.R. Ch. 6) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.

Chapter 8 Maine Uniform Building and Energy Code - Mechanical Code (formerly 16-642 C.M.R. Ch. 7)

Code Me. R. 08-003 Ch. 8 MAINE UNIFORM BUILDING AND ENERGY CODE – MECHANICAL CODE (formerly 16-642 C.M.R. Ch. 7) {#sec-08-003-ch.-8 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-003 Ch. 8}

SUMMARY: This chapter establishes the Mechanical Code component of the Maine Uniform Building and Energy Code “MUBEC”. The provisions of this chapter are based on a nationally recognized model codes and Standards published by the International Code Council, Inc., The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), American Society for Testing and Materials (ASTM) and is made part of the MUBEC through incorporation by reference.

SECTION 1. PURPOSE AND SCOPE

All building construction within the State of Maine shall be governed by the MUBEC. The MUBEC is adopted by the Technical Building Codes and Standards Board pursuant to Title 10 M.R.S. Chapter 1103. The primary objective of the Board is to establish a uniform building code throughout the State of Maine.

This chapter sets forth the standards for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure, with the exception of detached one and two-family dwellings and townhouses.

EFFECTIVE DATE: The effective date of this Chapter is 90 days after approval by the Commissioner of the Department of Public Safety.

SECTION 2. AUTHORITY

The authority for this Chapter is Title 10 M.R.S. §9722, which provides that the Maine Technical Building Codes and Standards Board shall promulgate rules which adopt, amend, and maintain the Maine Uniform Building and Energy Code. Where conflicts occur between provisions of the MUBEC and those adopted by boards or programs within the Department of Professional & Financial Regulation, the codes, standards or rules adopted by such Boards or programs shall apply. This shall include, but not be limited to, the Maine Fuel Board Rules, Maine State Plumbing Code, Maine State Manufactured Housing Board Rules.

SECTION 3. DEFINITIONS

1. ASHRAE. “ASHRAE” meansThe American Society of Heating, Refrigerating and Air-Conditioning Engineers.

2. ASTM. “ASTM” means American Society for Testing and Materials.

3. IBC. “IBC” means the International Building Code, published by the International Code Council, Inc., 2021 edition adopted as part of the MUBEC.

4. IMC. “IMC” means the International Mechanical Code, published by the International Code Council, Inc., 2021 edition (adopted as part of the MUBEC).

5. MUBEC. “MUBEC” means the Maine Uniform Building and Energy Code adopted pursuant to Title 10 M.R.S. §9271 et seq..

6. NFPA. “NFPA” means The National Fire Protection Association.

7. PFR. “PFR” means the State of Maine Office of Professional and Financial Regulation.

8. Technical Building Codes and Standards Board. “Technical Building Codes and Standards Board” means the board established pursuant to Title 5 M.R.S. §12004-G, subsection 5-A and Title 10 M.R.S. §9722.

SECTION 4. INCORPORATION BY REFERENCE

1. The following Chapters of the 2021 International Mechanical Code, published by the International Code Council, Inc. are hereby adopted and incorporated by reference:

A. Chapters 1 – 6

B. Chapters 8 - 9

C Chapters 11-12

D. Chapters 14 -15

2. The following Chapters, and all appendices, of the IMC are specifically excluded from adoption:

A. Chapters 7, 10, & 13

B. Appendix A - C

3. The following ASHRAE 62.1- 2019 edition are hereby incorporated by reference

4. The following ASHRAE 62.2- 2019 edition are hereby incorporated by reference

5. The following ASHRAE 90.1- 2019 edition are hereby incorporated by reference

6. The following ASTM E 1465-08 are hereby incorporated by reference

SECTION 5. REVISIONS TO THE IMC

The following additions, insertions, deletions, and other changes are hereby made to the 2021 International Mechanical Code:

1. Generally in all Sections

Delete “International Fuel Gas Code.”

Insert “NFPA 54 National Fuel Gas Code; Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465; and the Maine Fuel Board Rules and codes and standards adopted pursuant to Title 32 Chapter 139” in its place.

2. Generally in all Sections

Delete “International Plumbing Code”; and

Insert “Maine State Plumbing Code, adopted pursuant to Title 32, M.R.S §3404-B” in its place.

3. Generally in all sections

Delete “International Fire Code” ; and

Insert “NFPA 1; Fire codes and standards adopted pursuant to Title 25 M.R.S. §§ 2452 and 2465” in its place.

4. Section 101.1

Delete [NAME OF JURISDICTION]; and

Insert “State of Maine” in its place.

5. Section 102.7

Insert (after “new installations”) “see Maine Trade Board’s rules for compliance.”

6. Section 102.8.1

Insert (at the end of the section) “See Section 2 Authority of the MUBEC Chapter 8.”

7. Section 102.8.2

Insert (at the end of the section) “See Section 2 Authority of the MUBEC Chapter 8.”

8. Section 103

Delete Section 103 in its entirety.

9. Section 104.2

Insert (at the beginning of the text) “Where applicable,”

10. Section 104.3

Insert (at the beginning of the text) “Where applicable,”

11. Section 106.1.1

Delete Section 106.1.1 in its entirety.

12. Section 106.1.2

Delete Section 106.1.2 in its entirety.

13. Section 108.2

Delete all language after “Required inspections and testing.”; and

Insert “See Section 2 Authority of the MUBEC Chapter 8.” in its place.

14. Section 108.3

Delete all language after “Testing.”; and

Insert “See Section 2 Authority of the MUBEC Chapter 8.” in its place.

15. Section 109

Delete Section 109 in its entirety.

16. Section 114

Delete Section 114 in its entirety; and

Insert “See Section 2 Authority of the MUBEC Chapter 8.” in its place.

17. Section 115

Delete Section 115 in its entirety; and

Insert “See Section 2 Authority of the MUBEC Chapter 8.” in its place.

18. Section 202

Delete definition for “APPLIANCE VENTED”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “APPLIANCE TYPE. High-heat appliance”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “APPLIANCE TYPE. Low-heat appliance (residential appliance)”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “APPLIANCE TYPE. Medium-heat appliance”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “AUTOMATIC BOILER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “BOILER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “CHIMNEY”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “CHIMNEY. Factory-built chimney”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “CHIMNEY. Masonry chimney”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “CHIMNEY. Metal chimney”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “CHIMNEY CONNECTOR”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “CLOSED COMBUSTION SOLID-FUEL-BURNING APPLIANCE”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “COMBUSTIBLE MATERIAL”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “CONVERSION BURNER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “[FG] DIRECT-VENT APPLIANCES”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “DRAFT”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “DRAFT. Induced draft”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “DRAFT. Natural draft”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “DUCT FURNACE”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “[FG] FLOOR FURNACE”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “[FG] FLUE GASES”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “[FG] FUEL GAS”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “FUEL OIL”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “FUEL-OIL PIPING SYSTEM”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “FURNACE”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “FURNACE ROOM”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete all references to gas appliances from “HEAVY-DUTY COOKING APPLICANCE” definition; and

Insert (at the end of the definition) “For gas appliances, see codes and standards adopted by PFR Board.”

Delete all references to gas appliances from “LIGHT-DUTY COOKING APPLIANCE” definition; and

Insert (at the end of the definition) “For gas appliances, see codes and standards adopted by PFR Board.”

Delete definition for “[F] LOWER FLAMMABLE LIMIT (LFL)”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “LOW-PRESSURE HOT-WATER-HEATING BOILER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “LOW-PRESSURE STEAM-HEATING BOILER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete all references to gas appliances from “MEDIUM-DUTY COOKING APPLIANCE” definition; and

Insert (at the end of the definition) “For gas appliances, see codes and standards adopted by PFR Board.”

Delete definition for “MODULAR BOILER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “NONCOMBUSTIBLE MATERIALS”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “PRESSURE VESSELS”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “PRESSURE VESSELS- REFRIGERANT”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete (from definition of “[FG] ROOM HEATER, VENTED”) “or liquid fuel”; and

Insert (at the end of the definition)“For liquid fuel, see codes and standards adopted by PFR Board.”

Delete definition for “STEAM-HEATING BOILER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “TOILET ROOM”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “TOILET ROOM. Type L vent”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “VENT CONNECTOR”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

Delete definition for “WATER HEATER”; and

Insert “See definition in codes and standards adopted by PFR Board.” in its place.

19. Section 301.4

Insert (at the end of the sentence) “and as applicable under Maine State Plumbing Code.”

20. Section 301.7

Insert (after “Section 105” text) “and applicable codes and standards adopted by PFR boards.”

21. Section 301.8

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22. Section 301.9

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23. Section 301.12

Insert (at the end of the last sentence) “to be in accordance with codes and standards adopted by PFR boards.”

24. Section 303.3

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25. Section 303.4

Delete all language after “Protection from damage.”; and

Insert “See applicable codes and standards adopted by PFR boards.” in its place.

26. Section 303.5

Delete all language after “Indoor locations.”; and

Insert “See applicable codes and standards adopted by PFR boards.” in its place.

27. Section 303.8

Delete all language after “Elevator shafts.”; and

Insert “See applicable codes and standards adopted by PFR boards.” in its place.

28. Section 304.2

Delete “this code”; and

Insert “applicable codes and standards adopted by PFR boards” in its place.

29. Section 304.3 and 304.3.1

Delete all language after “Elevation of ignition source.”; and

Insert “See applicable codes and standards adopted by PFR boards.” in its place.

30. Section 304.4

Delete all language after “Prohibited equipment and appliance location”; and

Insert “See applicable codes and standards adopted by PFR boards.” in its place.

31. Section 305.4

Delete all language, including the table, after “Interval of support.”; and

Insert “See applicable codes and standards adopted by PFR boards.” in its place.

32. Section 306

Delete Section 306.1 through 306.5 in their entirety.; and

Insert “See applicable codes and standards adopted by PFR boards.” in its place.

33. Section 307

Delete Section 307.1 through 307.3 in their entirety; and

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34. Section 308

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35. Section 309.1

Delete Section 309.1 in its entirety; and

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36. Section 312.1

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37. Section 502.9.10

Delete Section 502.9.10 in its entirety; and

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38. Section 502.16

Insert (after the heading) “Section 502.16 and its subsections in the International Mechanical Code shall not apply to Compressed Natural Gas or Liquified Natural Gas, but only to Hydrogen and other lighter-than air motor fuels. For Compressed and Liquified Natural Gas requirements, refer to the Maine Fuel Board Rules.”

39. Section 504

Insert (to create numbered exceptions, before the written exception) “1.”

Insert (as a second exception) “ 2.Section 504 does not apply to class I and class II gas dryers. For class I and class II gas dryers, see applicable codes and standards adopted by PFR boards.”

40. Section 512

Delete Section 512 in its entirety; and

Insert ASTM E 1465-08 in its place.

41. Chapter 7

Delete IMC Chapter 7 language in its entirety; and

Insert “Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465 and the Maine Fuel Board Rules and codes and standards adopted pursuant to Title 32 Chapter 139” in its place.

42. Chapter 8 – All Sections

Delete IMC Chapter 8, language in its entirety; and

Insert “Refer to NFPA 211; Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465” in its place.

43. Chapter 9 – Various Sections

Delete IMC Chapter 9 Sections 902, 903, 905, 906, 907, 909, 910, 911, 916, 917, 918, 919, 920, 921, and 922 in their entirety; and

Insert ”See applicable codes and standards adopted by PFR boards.” in its place.

44. Chapter 10 – All Sections

Delete IMC Chapter 10, all sections, language in their entirety; and

Insert “Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465 and the Maine Fuel Board Rules; and codes and standards adopted pursuant to Title 32 Chapter 139” in its place.

45. Chapter 13 – All Sections

Delete IMC Chapter 13, all sections, language in their entirety; and

Insert “Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465 and the Maine Fuel Board Rules; and codes and standards adopted pursuant to Title 32 Chapter 139” in its place.

46. Section 1401.1

Insert (after “process heating”) “and NFPA 1; Fire codes and standards adopted pursuant to Title 25 M.R.S §§ 2452 and 2465; and the Maine Fuel Board Rules and codes and standards adopted pursuant to Title 32 Chapter 139” in its place.

47. Chapter 15

Delete (“ASHRAE 15” edition year reference) “2019”; and

Insert “2022” as the edition year, in its place.

History

• STATUTORY AUTHORITY: Title 10 M.R.S. §9722
• EFFECTIVE DATE: September 20, 2021 – filing 2021-181
• EFFECTIVE DATE: March 4, 2025 – filing 2025-048
• APAO ACCESSIBILITY CHECK: July 31, 2025
• APAO ACCESSIBILITY CHECK: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 16-642 C.M.R. Ch. 7) was transferred to the Maine Office of Community Affairs on September 24, 2025 pursuant to PL 2025, c. 388.
• APAO ACCESSIBILITY CHECK: NONSUBSTANTIVE CORRECTIONS (updates of references to agency of jurisdiction over the rule and chapter number cross-references):
• APAO ACCESSIBILITY CHECK: July 22, 2026

08-004 Manufactured Housing (Note: Administrative and enforcement jurisdiction over the following rules will be transferred to the MOCA as of July 29, 2026)

Chapter 1 State Certification of Modular Homes (formerly 02-385 C.MR. Ch. 110)

Code Me. R. 08-004 Ch. 1 State Certification of Modular Homes {#sec-08-004-ch.-1 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 1}

SUMMARY: These rules are drafted under the authority pursuant to 10 M.R.S. §9041 and implement 10 M.R.S. §§ 9042-9048 of the Maine Manufactured Housing Act . This chapter sets forth construction standards, compliance assurance, inspection requirements, grounds for violation, and licensee appeal procedures relating to State-certified modular homes.

Subchapter 1 Provisions of General Applicability

1. Purpose

The purpose of this chapter is to increase the availability of safe and affordable modular housing by:

Promoting the use of new technologies, techniques and materials;

Requiring manufacturers’ adherence to necessary laws, rules, building codes, and performance standards; and

Delegating to approved inspection agencies the responsibility for assessing the adequacy of building systems and monitoring manufacturers’ code and rules compliance.

1. Applicability

This chapter governs the design, manufacture, handling, storage, delivery and installation of State-certified modular homes as defined in 10 M.R.S. §9002(7)(B).

1. Compliance

No person may manufacture, sell or install a modular home in Maine that does not comply with an approval method set forth in this chapter, to wit:

Inspection Agency Approval Method (Subchapter 3)

Local Option Approval Method (Subchapter 4, Section 20)

Special Program of Approval (Subchapter 4, Section 21)

1. Preemption

State-certified modular homes are deemed to comply with the requirements of all laws, ordinances, and rules which govern the matters within the scope of the approval and certification, regardless of the provisions of any other such law, ordinance or rule.

1. Applicability of Local Law

Local Prerogatives

Land use zoning requirements; building set-back requirements; side and rear yard requirements; property line requirements; and on-site development, on-site construction, and on-site inspection requirements are specifically and entirely reserved to the local government, except as provided by the Maine Uniform Building and Energy Code , the Manufactured Housing Act (“Act”) or this chapter.

Special Environmental Conditions

In areas of the State where special environmental conditions exist which require special or different building standards pursuant to Subchapter 2, Section 10(10), local government may prescribe such standards for those parts of the site development, foundation, and other work for which responsibility is vested in local government pursuant to Subchapter 1, Section 5(1) or the Maine Uniform Building and Energy Code , provided that such standards are not more stringent than those imposed on other types of buildings in the area.

1. Journeyman Quality Workmanship Required

The manufacture, installation and service of State-certified modular homes must conform to journeyman quality workmanship in all respects.

1. Prospective Application of Codes and Standards – 180 Day Notice

Except as provided for relocated homes under Subchapter 3, Section 17(5), revisions to the codes and standards incorporated by reference into Subchapter 2 of this chapter may not apply retroactively to approved building systems. The Board shall notify all manufacturers with approved building systems, local governmental jurisdictions, and other concerned persons of all amendments to the codes and standards included in Subchapter 2, and each manufacturer will have one hundred eighty (180) calendar days or such additional time as the Board deems reasonable, following the sending of such notification to submit verification of compliance in the form of copies of the approved building systems to the Board and comply with such modifications of its building systems as may be required to comply with such changes. All State-certified modular homes manufactured (i) prior to the effective date of such changes, or (ii) during the one hundred eighty (180) calendar day period following the sending of notice to the manufacturer, or (iii) in the case of any manufacturer who submits their modifications to the Board as required but receives no affirmative or negative response from the Board with respect thereto, following such one hundred eighty (180) calendar day period, may be certified if they conform to the existing approved building system. Where imminent danger to life safety is involved, the Board may require that immediate effect be given to amendments to the codes, standards, specifications, and requirements adopted herein. For purposes of this section, a State-certified modular home is deemed to be manufactured at such date as the manufacturer’s label is attached to it in accordance with the approved compliance assurance program.

1. Change of Address; Other Reportable Information

A manufacturer shall notify the Board in writing within ten (10) days after any of the following occurrences and prior to the commencement of production at a new or relocated manufacturing facility:

• • 1. Change of name; 2. Change of the main address of the company; 3. Change of location of any manufacturing facility; 4. Establishment of a new manufacturing facility; or 5. Change of authorized inspection agency.

An inspection agency shall notify the Board in writing within ten (10) days after any of the following occurrences:

• • 1. Change of name; 2. Change of the main address of the company; 3. Change of location of any testing facility; 4. Establishment of a new testing facility; 5. A change of 25% or more of the ownership or controlling interest of the agency within a twelve (12) month period; or 6. Changes in principal officers and key supervisory and responsible personnel of the firm.

1. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings:

Act. “Act” means the Manufactured Housing Act , 10 M.R.S., Chapter 951.

AFUE. “AFUE” means Annual Fuel Utilization Efficiency.

Air barrier. “Air barrier” means the material in a building system designed and constructed to control airflow between a conditioned space and an unconditioned space. The “air barrier” is the primary air enclosure boundary that separates indoor (conditioned) air and outdoor (unconditioned) air.

Authority having jurisdiction. For purposes of this chapter, the Board is the “authority having jurisdiction” over the envelope of a State-certified modular home.

Board. “Board” means the Manufactured Housing Board.

BTU. “BTU” means British Thermal Unit which is the amount of thermal energy required to raise one pound of water one degree Fahrenheit.

Building system. “Building system” means the method of constructing a type of manufactured home described by plans, specifications, and other documentation which together establish a means to meet the building codes, standards, and other requirements of these rules for that type of manufactured housing, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety.

Building thermal envelope. “Building thermal envelope” means the basement walls, exterior walls, floor, roof and any other building elements that enclose conditioned spaces.

Certification. “Certification" means the process by which this Board and local building inspection agencies are assured that elements of closed construction, are not practical to inspect at the building site, have been properly reviewed and inspected and conform to applicable building codes.

Closed construction. “Closed construction” means any building, building component, assembly, or system manufactured in such a manner that concealed parts or processes of manufacture cannot be inspected at the building site without disassembly, damage, or destruction.

Compliance assurance program. “Compliance assurance program” means the policies and procedures which assure that manufactured housing, including their manufacture, storage, delivery, assembly, handling, and installation, conform with the Act and these rules.

Conditioned space. “Conditioned space” means an area, room or space that is enclosed within the building thermal envelope and that is directly heated or cooled or that is indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate thru openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings or where they contain uninsulated ducts, piping or other sources of heating or cooling.

Draft stop. “Draft stop” means a material, device or construction installed to restrict the movement of air within open spaces of concealed areas of building components such as crawl spaces, floor-ceiling assemblies, roof-ceiling assemblies and attics.

Dwelling unit. “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Exterior door. “Exterior door” means any swinging or sliding door of any size that functions as part of the building thermal envelope.

Fenestration. “Fenestration” means penetrations through the building envelope, including but not limited to skylights, roof windows, vents, ducts, vertical windows (whether fixed or moveable); opaque doors; glazed doors; glass block; and combination of opaque/glazed doors.

Heat loss. “Heat loss” means the amount of heat transferred per unit of time from the conditioned space to the outside or to an unconditioned space by means of conduction and infiltration.

Independence of judgment. “Independence of judgment” means not being affiliated with, or influenced by, or controlled by building manufacturers or by producers, suppliers, or vendors of products or equipment used in manufactured housing, in any manner which is likely to affect the capacity to render reports and findings objectively and without bias.

Infiltration. “Infiltration” means the uncontrolled movement of air into and out of the conditioned space through cracks and interstices in the building envelope.

Installation. “Installation” means the placing of manufactured housing on a foundation or supports at a building site; and the assembly and fastening of structural components of manufactured housing, including the completed roof system, as specified by the manufacturer’s installation instructions and in accordance with the rules of the Board.

Journeyman quality workmanship. “Journeyman quality workmanship” means workmanship that equates to the second or intermediate level of development of proficiency in a particular trade or skill, and reflects the work of a skilled worker but without the perfection of a master craftsman.

Label. “Label” means an approved insignia or seal evidencing certification in accordance with the Act and these rules.

Local enforcement agency. “Local enforcement agency” means the agency or agencies of local government with authority to inspect buildings and enforce the Maine Uniform Building and Energy Code or other laws, ordinances, and regulations which establish standards and requirements applicable to the construction, installation, alteration, repair, or relocation of buildings.

Mechanical ventilation. “Mechanical ventilation” means the controlled, purposeful introduction or removal of air to or from a conditioned space.

REScheck. “REScheck” is computer software published by the U.S. Department of Energy that allows builders to determine a residential structure’s overall compliance with a selected energy conservation code by “trading off” insulation levels in the ceiling, wall, floor, basement wall, slab-edge and crawl space; glazing and door areas; glazing and door U-factors; and certain equipment efficiency.

Roof-Ceiling. “Roof-Ceiling” means a roof member that serves also as a ceiling member.

R-value. “R-value,” also known as thermal resistance,” means the inverse of the time-rate of heat flow through a building envelope element from one of its boundary surfaces to the other for a unit temperature difference between the two surfaces, under steady state conditions, per unit area. R-value is calculated according to the formula (h · ft² · ºF/Btu). R-value is the reciprocal of the U-factor.

Townhouse. “Townhouse” means a single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides.

U-factor. “U-factor,” also known as thermal transmittance, means the coefficient of heat transmission (air to air) through a building envelope component or assembly, equal to the time rate of heat flow per unit area and unit temperature difference between the warm side and the cold side air films. u-factor is calculated according to the formula (Btu/h · ft² · ºF). U-factor is the reciprocal of the R-value.

Yard. “Yard” means an open space, other than a court, unobstructed from the ground to the sky on the lot which a building is situated.

Subchapter 2 Codes and Standards

1. Compliance with Codes and Standards; Incorporation by Reference

State-certified modular homes manufactured in accordance with the inspection agency approval method set forth in Subchapter 3 must comply with the following codes and standards, which the Board hereby incorporates into this chapter by reference. Copies of these codes and standards are on file with the Maine Secretary of State and may also be obtained from their publishers as set forth in Subchapter 2, Section 10(12).

2015 International Residential Code

2015 International Residential Code for One- and Two-Family Dwellings (IRC) (International Code Council, Inc., August 2015), is adopted with the following exceptions:

• • 1. Section R302.13: Fire Protection of Floors; Section R313: Automatic Fire Sprinkler Systems; Chapter 10: Chimneys and Fireplaces; Chapter 11: Energy Efficiency; Chapter 12: Mechanical Administration; Chapter 13: General Mechanical System Requirements; Chapter 14: Heating & Cooling Equipment & Appliances; Chapter 16: Duct Systems; Chapter 17: Combustion Air; Chapter 18: Chimneys & Vents; Chapter 20: Boilers & Water Heaters; Chapter 21: Hydronic Piping; Chapter 22: Special Piping & Storage Systems; Chapter 24: Fuel Gas; Chapter 25: Plumbing Administration; Chapter 26: General Plumbing Requirements; Chapter 27: Plumbing Fixtures; Chapter 28: Water Heaters; Chapter 29: Water Supply & Distribution; Chapter 30: Sanitary Drainage; Chapter 31: Vents; Chapter 32: Traps; Chapter 33: Storm Drainage; Chapter 34: General Requirements; Chapter 35: Electrical Definitions; Chapter 36: Services; Chapter 37: Branch Circuit and Feeder Requirements; Chapter 38: Wiring Methods; Chapter 39: Power and Lighting Distribution; Chapter 40: Devices and Luminaires; Chapter 41: Appliance Installation; Chapter 42: Swimming Pools: Chapter 43: Class 2 Remote-Control, Signaling and Power-Limited Circuits; Appendix A: Sizing and Capacities of Gas Piping; Appendix B: Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents; Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix D: Recommended Procedure for Safety Inspection of an Existing Appliance Installation; Appendix E: Manufactured Housing Used as Dwellings; and Appendix F: Radon Control Methods. 2. Ground Snow Load

The ground snow load (Pg) statewide shall be designated as 50 pounds per square foot. Alternatively, a manufacturer may at its option build in accordance with Section R301.2.3, which provides:

Snow loads. Wood-framed construction, cold-formed, steel-framed construction and masonry and concrete construction, and structural insulated panel construction in regions with ground snow loads 70 pounds per square foot (3.35 kPa) or less, shall be in accordance with Chapters 5, 6 and 8. Buildings in regions with ground snow loads greater than 70 pounds per square foot (3.35 kPa) shall be designed in accordance with accepted engineering practice.

• • 1. Roof Load

The roof (live) load (P) need not exceed 40 pounds per square foot on any portion of the roof.

• • 1. Wind Design Criteria

(1) The ultimate design wind speed, Vult, statewide shall be 115 miles per hour.

• • 1. Wind load effective velocity pressures, Pe, need not exceed 30 pounds per square foot. 2. Section R302.2 shall read as follows:

Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302.1 for exterior walls.

Exception: A common 1-hour fire-resistance-rated wall assembly tested in accordance with ASTM E 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with 2017 NFPA 70. Penetrations of electrical outlet boxes shall be in accordance with Section R302.4.

• • 1. Sections R311.7.4 5.1, R311.7.4 5.2, R311.7.5.2.1 and R311.7.4 5.3 shall read as follows:

R311.7.4 5.1 Risers. The riser height shall be not more than 8¼ inches. The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted provided that the openings located more than 30 inches (762 mm), as measured vertically, to the floor or grade below do not permit the passage of a 4-inch-diameter (102 mm) sphere.

Exceptions:

1. The opening between adjacent treads is not limited on spiral stairways.

2. The riser height of spiral stairways shall be in accordance with Section R311.7.10.1.

R311.7.4 5.2 Treads. The tread depth shall be not less than 9 inches. The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread’s leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

R311.7.5.2.1 Winder treads. Winder treads shall have a tread depth of not less than 9 inches measured at a point 12 inches (305 mm) from the side where the treads are narrower. Winder treads shall have a tread depth of not less than 6 inches (152 mm) at any point. Within any flight of stairs, the greatest winder tread depth at the 12 inch (305 mm) walkline shall not exceed the smallest by more than 3/8 inch (9.5 mm).

Exception: The tread depth at spiral stairways shall be in accordance with Section R311.7.10.1.

R311.7.4 5.3 Nosings. The radius of curvature at the nosing shall be not greater than 9/16 inch (14 mm). A nosing projection not less than ¾ inch (19 mm) and not more than 1¼ inches (32 mm) shall be provided on stairways with solid risers, provided that a 1 inch nosing shall be provided on all treads with tread width less than 9 inches. The greatest nosing projection shall not exceed the smallest nosing projection by more than 3/8 inch (9.5 mm) between two stories, including the nosing at the level of floors and landings. Beveling of nosings shall not exceed ½ inch (12.7 mm).

Exceptions: A nosing projection is not required where the tread depth is not less than 11 inches (279 mm).

The above revisions to Sections R311.7.4 5.1, R311.7.4 5.2, R311.7.5.2.1 and R311.7.4 5.3, shall also apply to basement stairs when the stairs are a component of a factory designed building system which specifies the necessary basement height, and the design has been certified by the Board-approved inspection agency.

• • 1. Section R312.1 shall read as follows:

Guards. Porches, balconies or raised floor surfaces located more than 30 inches (762 mm) above the floor or grade below shall have guards not less than 36 inches (914 mm) in height. Open sides of stairs with a total rise of more than 30 inches (762 mm) above the floor or grade below, shall have guards not less than 34 inches (864 mm) in height measured vertically from the nosing of the treads.

Porches and decks which are enclosed with insect screening shall be provided with guards where the walking surface is located more than 30 inches (762 mm) above the floor or grade below.

• • 1. Energy Standard for State-Certified Modular Homes

Purpose and Scope

The purpose of this standard is to provide a reasonable energy code, based on nationally recognized codes, that will apply to all State-certified modular homes that are installed in Maine. This standard sets forth design and construction requirements relating to energy efficiency in State-certified modular homes.

Compliance; Limited Waiver of Compliance with Energy Specifications Table

State-certified modular homes must comply with the provisions of this section. The executive director of the Board may waive compliance with the Energy Specifications Table contained in Subchapter 2, Section 10(1)(H)(6)(a) in the limited circumstances described in Subchapter 2, Section 10(1)(H)(6)(k).

Materials and Equipment

Materials and equipment must be identified in a manner that will allow a determination of their compliance with the provisions of this chapter. Materials and equipment used to conform to the applicable provisions of this chapter must be installed in accordance with the manufacturer’s installation instructions.

Identification

Materials, systems and equipment must allow a determination of compliance with these codes and standards adopted.

Building Thermal Envelope Insulation

The home manufacturer shall provide in the plans approved by the Board, or by an approved inspection agency a listing of the minimum R-value and/or U-value (as appropriate) of insulation installed or to be installed by a licensee of the Board. Any insulation installed in the field by a licensee of the Board must be installed in accordance with the installation requirements of the insulation manufacturer. The home manufacturer shall specify areas within the envelope of the home manufactured by it, that need to be field insulated to meet code and what R-value and/or U-value (as appropriate, if using field windows and doors) must be obtained.

Energy and Efficiency Standards

Energy Specifications Table

The values listed in the Energy Specifications Table below are minimum standards for State-certified modular homes (one and two family homes and townhouses).

Energy Specifications Table

Minimum Insulation

R-Value¹

Maximum Fenestration

for

Exterior Doors

U-Factor

Maximum Fenestration for Windows²

U-Factor

Maximum Fenestration for Skylights

U-Factor

Ceilings

Roof/Ceilings

Walls

Floors

Entrance

Specialty

R-38

R-38

R 21

R-19

.35

.45

.35

.6

¹5 ½” of dense pack cellulose meets the minimum insulation R-value requirements for walls.

²The term “windows” includes sidelights, octagonal, elliptical, transom, etc.

Perimeter Space

For 2-story homes, the perimeter of the space between the top of the second floor rim joists and the finished ceiling below must be insulated to R-19.

Unfinished Second Floors

Homes delivered with an unfinished second floor must be insulated as described below:

Stair enclosures – The ceilings of the stair enclosures must be insulated to R-30. The walls of stair enclosures must be insulated to R-11.

Doors – To prevent heat loss into the unfinished space, doors within stair enclosures must be either an exterior door or insulated by any means, including temporary means, to R-19.

Ceilings – The floor/ceiling assembly between the first and second stories must be insulated to R-30, except that the ceiling area beginning at the outside walls and extending to the knee walls must be insulated to R-38.

Basement Stair Enclosures

Basement stair enclosures of homes with an unconditioned basement must be insulated as described below:

The ceilings of the basement stair enclosures must be insulated to R-19; and

The walls of the basement stair enclosures must be insulated to R-11.

R-value Computation

The R-value of insulation materials used in layers, such as framing cavity insulation and insulating sheathing, must be summed to compute the component R-value. The (insulation) manufacturer’s settled R-value must be used for blown-in insulation. Computed R-values may not include an R-value for other building materials or air films such as framing, drywall, structural sheathing or exterior siding materials. Insulation separated from the conditioned space by a vented space may not be counted towards the required R-value.

Exterior Walls

Insulation in exterior walls must be placed so that the entire cavity is insulated, including the space between the back of electrical boxes and the exterior sheathing. Vapor retarders must be installed on the interior side of frame walls.

Air Leakage

The building thermal envelope must be durably sealed to limit infiltration.

Air Sealing and Insulation Demonstration of Compliance

The durable sealing of the building thermal envelope required by Subchapter 2, Section 10(1)(H)(6)(g) is subject to verification if deemed necessary by the Board’s executive director.

Draft Stop

Draft stop materials must be placed along the entire perimeter of the connected modules.

U-Factor

U-factors of fenestration products must be determined in accordance with the National Fenestration Rating Council, Inc. (NFRC), NFRC 100-2010.

Waiver of Compliance with the Energy Specifications Table

A manufacturer may obtain a waiver of compliance with the Energy Specifications Table contained in Subchapter 2, Section 10(1)(H)(6)(a) by demonstrating to the executive director of the Board that the design or construction of a dwelling makes it infeasible, as set forth below, to apply one or more of the values contained in the Energy Specifications Table. The waiver request must be made prior to acceptance of the plans by the manufacturer’s Board approved third-party inspection agency.

In determining feasibility of compliance with the Energy Specifications Table, the executive director of the Board shall consider as alternatives to a waiver the manufacturer’s ability to achieve compliance through alternative construction techniques, use of different materials, or design change. The executive director may also consider other relevant factors, including cost of compliance with the Energy Specifications Table, although cost of compliance alone is not a ground for obtaining a waiver. It is the intent of the Board that waivers be granted sparingly.

To receive a waiver, a manufacturer must further demonstrate that the U-value of the design for which the waiver was granted meets or exceeds the REScheck target value as calculated (using Climate Zone 6 for the entire State of Maine, including Aroostook County) under the trade-off approach for the 2009 edition of the International Code Council International Energy Conservation Code (IECC). This demonstration must be made in the form of a REScheck compliance certificate signed by the Board-licensed manufacturer and the inspection agency, with the supporting inspection checklist attached.

The executive director’s denial of a waiver must be made in writing, must state the basis for the denial, and must inform the manufacturer of the time and manner in which an appeal to the b Board may be taken pursuant to Subchapter 6.

REScheckis available at no cost from the U.S. Department of Energy at the following URL: www.energycodes.gov/rescheck/

l. Furnaces and Boilers

Gas-fired or oil-fired furnaces and hot-water boilers rated at less than 300,000 BTU/h must have a AFUE rating in accordance with the United States Department of Energy (DOE) 10 CFR Part 430, Subpart B, Appendix N, entitled “Uniform Test Method for Measuring the Energy Consumption of Furnaces and Boilers” (February 2016).

• • 1. Ventilation Standard

State-certified modular homes must comply with the provisions of this section.

Whole-house Ventilation

When a state certified manufactured home is factory equipped with a central system to regulate the quality of indoor air, the system must be operated according to the manufacturer’s instructions and equipment specifications.

Kitchen Exhaust

A cooking appliance must be equipped with a separate ventilating fan/hood, independent of other ventilating systems, with a minimum rating of 100 cubic feet per minute (CFM). This equipment must exhaust at the outside of the home.

Bathroom Exhaust

Each bathroom with or without a tub or shower unit must be equipped with a separate ventilating fan, independent of other ventilating systems, with a minimum rating of 50 cubic feet per minute (CFM). The fan must exhaust at the outside of the home and must be rated for sound at a maximum of 3 sone.

Clothes Dryer

All clothes dryers must be vented directly to the outside. A clothes dryer may not be vented into a chimney.

Combustion Air

Combustion air for a heating appliance must be drawn directly from the outdoors. This paragraph does not apply to a gas fireplace, provided that the manufacturer’s instructions do not require that the gas fireplace be provided with combustion air from the outdoors.

Back Draft

Each chimney used to vent a heating appliance must be draft tested to ensure that no positive pressure is present in the chimney that would allow products of combustion to enter the home. Consideration shall be given to seasonal changes in draft.

• • 1. Radon Mitigation Preparation Standard

Purpose and Scope

The purpose of this standard is to provide a reasonable code for manufacturer-installed vent piping and electrical supply boxes within the envelope of a State-certified modular home to facilitate future, on-site completion of the radon mitigation system should such a system be required either by code or by the consumer. This standard sets forth design and construction requirements relating to preparation for radon mitigation in State-certified modular homes.

Compliance; Limited Waiver of Compliance

State-certified modular homes must comply with the provisions of this section. The executive director of the Board may waive compliance with the radon standard contained in Subchapter 2, Section 10(1)(J)(4) in the limited circumstances described in Subchapter 2, Section 10(1)(J)(4)(i).

Materials and Equipment

Materials and equipment must be identified in a manner that will allow a determination of their compliance with the provisions of this subsection. Materials and equipment used to conform to the applicable provisions of this chapter must be installed in accordance with the manufacturer’s installation instructions.

Radon Standard

a. Entry Routes

Potential radon entry routes such as openings around bathtubs, showers, water closets, pipes, wires or other objects that penetrate the floor assemblies must be filled with a suitable sealant applied in accordance with the manufacturer’s recommendations.

b. Vent Pipe

The manufacturer must install a 3-inch-minimum diameter vent pipe up through the building floors at least 2 feet into the attic space and capped below the roof. The vent pipe must be installed such that the pipe can be extended by others at a later date and located at least 12 inches above the roof in a location at least 10 feet away from any window or other opening into the conditioned spaces of the building that is less than 2 feet below the exhaust point and 10 feet from any window or other opening in adjoining or adjacent buildings.

c. Vent Pipe Drainage

All components of the 3-inch-minimum diameter vent pipe installed by the manufacturer up through the building floors and capped below the roof must provide for positive drainage.

d. Vent Pipe Accessibility

Radon vent pipes must be accessible for future fan installation through an attic or other area outside the habitable space. Any accessible space reserved for the radon fan must occupy an imaginary cylinder, standing on end, which is 24 inches or more in diameter, centered on the axis of the vent pipe, and extending a minimum vertical distance of 3 feet.

Exception:The radon vent pipe need not be accessible in an attic space where an approved roof-top electrical supply is provided for future use and where it is possible to mount the future fan above the roof.

e. Vent Pipe Identification

All exposed and visible interior radon vent pipes must be identified with at least one label on each floor and in accessible attics. The label shall read: “Vent Piping for Future Radon Reduction System.”

f. Combination Foundations

For homes designed to be placed on combination basement/crawl space foundations, the manufacturer may, but is not required to, install separate 3-inch-minimum diameter vent pipes for each type of foundation area up through the building floors and capped below the roof.

g. Power Source

To provide for future installation of an active depressurization system, an electrical circuit terminated in an approved box must be installed by the manufacturer in the attic or other anticipated location of vent pipe fans. If the circuit is dedicated solely to vent pipe fans, the manufacturer must install in the living space of the home a visual indicator that the circuit is energized, or an alarm that the circuit is not energized. If the circuit is not dedicated solely to vent pipe fans, future installation of vent pipe fans must be taken into account when designing the circuit.

h. Testing

Vent pipes must be tested at the manufacturing facility for tightness. Fully-assembled vent pipes must be field-tested by the dealer or installer unless the vent pipes were tested in a fully-assembled state at the manufacturing facility.

i. Waiver of Compliance with the Radon Standard

A manufacturer may obtain a waiver of compliance with the radon standard contained in this subsection by demonstrating to the executive director of the Board that the design or construction of a dwelling makes it infeasible, as set forth below, to install piping and/or electrical supply boxes within the envelope of a State-certified modular home to facilitate future, on-site completion of the radon mitigation system should such a system be required by code or by the consumer. The waiver request must be made prior to acceptance of the plans by the manufacturer’s Board approved third-party inspection agency.

In determining feasibility of compliance with the radon standard, the executive director shall consider as alternatives to a waiver the manufacturer’s ability to achieve compliance through alternative construction techniques, use of different materials, or design change. The executive director may also consider other relevant factors, including cost of compliance, although cost of compliance alone is not a ground for obtaining a waiver. It is the intent of the Board that waivers be granted sparingly.

The executive director’s denial of a waiver must be made in writing, must state the basis for the denial, and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.

2017 National Electrical Code

2017 National Electrical Code , National Fire Protection Association (NFPA 70) (National Electrical Code Committee, August 2016) is adopted.

2015 Uniform Plumbing Code

2015 Uniform Plumbing Code (UPC) (International Association of Plumbing and Mechanical Officials, January 2015), is adopted with the following exceptions:

A. Section 104.3.2: Plan Review Fee; Section 104.3.3: Time Limitation of Application; Section 104.4.3: Expiration; Section 104.4.4: Extensions; Section 104.5.1: Work Commencing Before Permit Issuance; Section 104.5.2: Investigation Fees; Section 104.5.3: Fee Refunds; Section 105.4: Connection to Service Utilities; Section 106.3: Penalties; Section 107.0: Board of Appeals; Section 107.1: General; Section 107.2: Limitation of Authority; Section 312.13: Exposed ABS Piping; Section 312.14: Exposed PVC Piping; Section 612.0: Residential Fire Sprinkler Systems;

Fees. Any person who begins any work outside the envelope of a State-certified modular home for which a permit is required by the Code without first having obtained a permit shall, if subsequently eligible to obtain a permit for that work, pay double the permit fee for such work. However, this provision shall not apply to any emergency work when it can be proved to the satisfaction of the LPI that such work was necessary and that it was not practical to obtain a permit before the commencement of the work. In all emergency cases, a permit must be obtained within four (4) working days or a double permit fee shall be charged.

For the purpose of this section a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated State-certified modular homes to the extent permitted by Section 104.5.3(5) shall be based on the number of plumbing fixtures that requires a permit to be issued.

Permit fees shall be charged for the following permits:

(1) When only new water distribution and/or drainage pipes are installed or relocated in a building, but no fixtures installed.

(2) Testable backflow prevention assembly.

(3) A hookup fee shall be charged for the connection of a State-certified modular home to a building sewer.

(4) A hookup fee shall be charged for connection to a public sewer when piping is installed outside the jurisdiction of the sanitary district. A hookup is considered a fixture when calculating the fee.

(5) Relocated State-certified modular homes shall be considered as new conventional stick built structures. A plumbing fixture fee shall be charged based on this section. This paragraph does not apply to new model homes that have not been lived in upon relocation to the site of the first retail purchaser.

C. Section 105.3 shall read as follows:

Testing of Systems. Allowing the testing of plastic schedule 40 DWV (drainage, waste and vent) piping systems with 5 psi (pounds per square inch) maximum of air. For safety purposes, when testing with air, a listed 6 psi relief valve is required.

Co-extruded ABS (Acrylonitrile Butadiene Styrene) and PVC (Poly Vinyl Chloride) schedule 40 (cellular core) piping systems with reference standards ASTM F1488 and ASTM F891 shall not be tested with air.

PVC and CPVC (Chlorinated Poly Vinyl Chloride) building supply and water distribution piping systems shall not be tested by air.

D. Section 315.1 shall read as follows:

Unions. Approved unions shall be permitted to be used in drainage piping when accessibly located in the trap seal or between a fixture and its trap in the vent system, except underground or in wet vents and at any point in the water supply system.

E. Section 705.5.2 shall read as follows:

Solvent Cement Joints. Solvent cement joints for PVC pipe and fittings shall be clean from dirt and moisture. Pipe shall be cut square and pipe shall be deburred. Where surfaces to be joined are cleaned and free of dirt, moisture, oil and other foreign material, apply primer in accordance with ASTM F656.

F. Section 807.3 shall read as follows:

Domestic Dishwashing Machine. Dishwashing machines shall discharge separately into a trap, trapped fixture, tailpiece of the kitchen sink or the dishwasher connection of a food waste grinder. The waste line from the dishwashing machine shall be looped as high as possible and be securely fastened to the underside of the sink rim or countertop.

G. Sections 906.1, 906.3 and 906.7 shall read as follows:

906.1 Roof Termination. Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than two (2) feet above the roof nor less than one (1) foot from any vertical surface.

906.3 Use of Roof. Vent pipes shall be extended separately or combined, of full required size, not less than two (2) feet above the roof or fire wall. Flagpoling of vents shall be prohibited except where the roof is used for purposes other than weather protection. Vents within ten (10) feet of any part of the roof that is used for such other purposes shall extend not less than seven (7) feet above such roof and shall be securely stayed.

906.7 Frost or Snow Closure. Where frost or snow closure is likely to occur in locations having minimum design temperature below 0°F, vent terminals shall be not less than two (2) inches in diameter, but in no event smaller than the required vent pipe. The change in diameter shall be made inside the building not less than one (1) foot below the roof in an insulated space and terminate not less than two (2) feet above the roof, or as required by the Authority Having Jurisdiction.

H. The Board incorporates into Subchapter 2, Section 10(3) the allowed use of air admittance valves as follows:

Air Admittance Valves. The valves must be installed in accordance with the manufacturer’s installation instructions. Air admittance valves must be installed after the drainage, waste and vent (DWV) testing has been performed.

Individual branch and circuit vents may be permitted to terminate with a connection to an air admittance valve. The air admittance valve must vent only fixtures that are on the same floor level and connect to a horizontal branch drain.

The horizontal branch drain must connect to the drainage stack or building drain a maximum of four branch intervals from the top of the stack.

The air admittance valve must be located a minimum of 4 inches above the horizontal branch drain or fixture drain being vented. The air admittance valve must be located within the maximum developed length permitted for the vent. The air admittance valve must be installed a minimum of 6 inches above insulation materials.

Access must be provided to all air admittance valves. The valve must be located within a ventilated space that allows air to enter the valve.

The air admittance valve must be rated in accordance with the standard for the size of the vent to which the valve is connected.

Within each plumbing system, a minimum of one stack vent or vent stack must extend outdoors to the open air.

2011 Standard for the Installation of Oil-Burning Equipment

The 2011Standard for the Installation of Oil-Burning Equipment (NFPA 31) (Technical Committee on Liquid Fuel Burning Equipment, January 2011), is adopted with the following exceptions:

• • 1. Section 10.5.1.2 shall read as follows:

Operating Controls. For electrically powered appliances, the requirement of 10.5.1 shall be accomplished by an identified switch in the burner supply circuit, placed outside of and adjacent to the entrance to the room where the appliance is located.

If the entrance to the boiler room is only accessible from the outside, the emergency switch may be placed at the inside not more than one foot beyond the door opening. An emergency switch shall not be placed outside of any building.

• • 1. The Board incorporates into Subchapter 2, Section 10(4) the following requirements for thermal cut-off switches:

Thermal Cut-Off Switches. A thermal cut-off switch must be wired into the burner circuit to shut off the burner in the event of a fire at the unit. The switch must be placed at the highest point directly above the unit to be fired with the thermal element pointed downwards, and must be placed on the bottom of the floor joist or stringer at the front of the unit. In no case shall it be lower than the point where the flue connector enters the chimney. The switch must be wired to shut off the burner, circulating fan, forced or induced draft fan any remote oil pump that is not an integral part of the burner.

2012 National Fuel Gas Code

The 2012 National Fuel Gas Code (NFPA 54) (Technical Committee on National Fuel Gas Code, August 2011), is adopted with the following exceptions:

A. Section 10.23.1: Prohibited Installations, Exception No. 1; Section 10.23.1: Prohibited Installations, Exception No. 2

• 1. The Board incorporates into Subchapter 2, Section 10(5) the following requirements for emergency switches:

Emergency Switches. For central heating equipment and water heating appliances where the interruption of an electrical circuit will arrest the combustion process, an identified emergency shutdown switch must be placed outside of and adjacent to the entrance of the room where the appliance is located.

An emergency switch shall not be placed outside any building.

If the entrance to the boiler room is only accessible from the outside, the emergency switch may be placed at the inside not more than one foot beyond the door opening.

• 1. The Board incorporates into Subchapter 2, Section 10(5) the following requirements for service switches:

Service Switches. For central heating equipment and water heating appliances where the interruption of an electrical circuit will arrest the combustion process, a service disconnect switch for control of the burner while observing the flame must be placed at the unit, within 3’ of the burner.

• 1. The Board incorporates into Subchapter 2, Section 10(5) the following requirements for thermal cut-off switches:

Thermal Cut-Off Switches. For central heating equipment and water heating appliances where the interruption of an electrical circuit will arrest the combustion process, a thermal cut-off switch must be wired into the burner circuit to shut off the burner in the event of a fire at the unit. The switch must be placed at the highest point directly above the unit to be fired with the thermal element pointed downwards, and must be placed on the bottom of the floor joist or stringer at the front of the unit. In no case shall it be lower than the point where the flue connector enters the chimney. The switch must be wired to shut off the burner, circulating fan, forced or induced draft fan and any electrically-operated gas valves. A thermal electric switch is required for each electrically-powered gas-fired unit in a multi-appliance installation.

2013 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances

The 2013 Standard for Chimney’s, Fireplaces, Vents, and Solid Fuel-Burning Appliances (NFPA 211) (Technical Committee on Chimneys, Fireplaces, and Venting Systems for Heat-Producing Appliances, December 2012), is adopted.

NFRC 100-2010

NFRC 100-2010 – Procedure for Determining Fenestration Product U-Factors (National Fenestration Rating Council, Inc., January 2010) is adopted.

10 CFR Part 430, Subpart B, Appendix N (DOE, 2016)

United State Department of Energy, (DOE) 10 CFR Part 430, Subpart B, Appendix N, entitled, “Uniform Test Method for Measuring the Energy Consumption of Furnaces and Boilers” (February 2016) is adopted.

Alternative Construction Methods

The provisions of these rules are not intended to prevent the use of any technologies, techniques, or materials not specifically prescribed by the codes, standards, specifications, and requirements, provided that any such alternate has been approved by the Board. The Board may approve any such alternate provided that the board finds that the proposed design is satisfactory, and that the material, method, or work offered is, for purpose intended, consistent with the adopted codes and standards, including quality, strength, effectiveness, fire resistance, durability, and safety. The Board shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the use of any such alternate.

Special Environmental Conditions

The Board shall maintain appropriate information, indicating those areas of the State which it has established as having special environmental conditions such as snow, wind loads, seismic conditions, temperature, humidity, and soil conditions requiring special or different building standards. Such information shall be available for public inspection.

License Requirements (Outside Envelope of Home)

Installation and connection of plumbing, heating and electrical components that are not part of the envelope of the home must be installed by licensed professionals pursuant to the standards adopted by the boards that license the respective trades.

Codes & Standards

The other standards identified in this section may be purchased from their respective publishers, as follows:

International Association of Plumbing and Mechanical Officials (UPC) 4755 E. Philadelphia Street Ontario, CA 91761 USA Telephone: (909) 472-4100 Website: www.iapmo.org

International Code Council (IRC) Birmingham Regional Office 900 Montclair Road Birmingham, AL 35213-1206 Telephone: (205) 591-1853 Website: www.ecodes.biz

National Fire Protection Association (NFPA) 1 Batterymarch Park P.O. Box 9101 Quincy, MA 02269-9101 Telephone: (800) 344-3555 Website: www.nfpa.org

National Fenestration Rating Council, Inc. (NFRC) 8484 Georgia Avenue, Suite 320 Silver Spring, MD 20910 Telephone: (301) 589-1776 Website: www.nfrc.org

U.S. Government Printing Office (DOE Rules) Superintendent of Documents PO Box 371954 Philadelphia, PA 15250-7954 Telephone: (866) 522-1800 Website: www.gpoaccess.gov/cfr/index/html

Subchapter 3 Inspection Agency Approval Method

1. Overview

The inspection agency approval method authorized by 10 M.R.S. §9043(1) is the primary approval method for State-certified modular homes. An inspection agency approved by the Board pursuant to Subchapter 5 is responsible for:

Approving building systems which comply with the codes and standards incorporated by reference into Subchapter 2 and the requirements of Subchapter 3, Section 12;

Approving compliance assurance programs which comply with this subchapter; and

Inspecting and certifying State-certified modular homes that comply with the approved building system.

1. Approved Building System

Approval Required

In order to obtain the certification required by 10 M.R.S. §9043(4), State-certified modular homes must be constructed according to an approved building system.

Submission for Evaluation

• • 1. A manufacturer shall submit to an authorized inspection agency for approval a building system that meets the requirements of Subchapter 3, Section 12(7). 2. If the submission is found to be incomplete or unsuitable for evaluation, the applicant must be notified in writing of the incompleteness or deficiencies thereof within fifteen (15) calendar days of the date the building system was received. Any subsequent submission must be treated as a new application. 3. If the submission is found to be suitable for evaluation, a complete evaluation must be performed within thirty (30) calendar days of the date the building system was received. Upon completion, the applicant must be notified in writing of the results of the evaluation. If the building system is disapproved, the notice must include the reasons for the disapproval and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.

Tests

The authorized inspection agency may accept tests to determine whether a building system meets the requirements of these rules if that determination cannot be made from evaluation of plans, specifications, and documentation prepared in accordance with the applicable code, recognized standards, or currently accepted engineering practice. The building system test procedures used must be reviewed and evaluated by the inspection agency.

Approval

Approval of building systems must be evidenced by the stamp and date of approval of the authorized inspection agency on each sheet of the approved building system, or by other effective means of identification. One copy of all approved plans, specifications, documentation, and a building system approval letter must be returned to the applicant.

Changes to Approved Building System

An approved building system may not be varied without prior approval by the authorized inspection agency. Amendments to the approved building system may be proposed by the submission of appropriate plans, specifications, or documentation to the authorized inspection agency for evaluation. All approved changes must be made a part of the written record of the approval. Such approval must be given in writing or be confirmed in writing within ten (10) calendar days of any oral authorization.

Suspension or Revocation of Approval

The authorized inspection agency may suspend or revoke approval of a building system whenever the approval was issued in error, was issued on the basis of incorrect information, or was issued in violation of this chapter. Notice of such suspension or revocation must be given to the manufacturer in writing. The notice must include the reasons for the suspension or revocation and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6. The suspension or revocation may not go into effect until thirty (30) days after the manufacturer’s receipt of the written notice and is automatically stayed until the Board’s disposition of any appeal filed by the manufacturer.

Building System Requirements

• • 1. Overview

The building system consists of plans, specifications, calculations, test results, and other documents which describe in detail the product and manufacturing processes employed to produce State-certified modular homes. For the building system to be evaluated pursuant to Subchapter 3, Section 12(2), the information described in Subchapter 3, Section 12(7)(B-H) must be provided:

• • 1. Form of Submission 2. All documents submitted with the application must be identified to indicate the manufacturer’s name. 3. Plans must contain a separate schematic drawing for each specific system (e.g., plumbing, electrical, heating). 4. Structural connections and connection of systems, equipment, and appliances to be performed on-site must be identified, detailed, and distinguished from work to be performed in the manufacturing facility. 5. A set manual must show the method of interconnection between manufactured homes, and the location of connections. 6. Design calculations and/or test reports must be submitted when required by the authorized inspection agency. 7. Documents must indicate the location of the approved label. 8. Drawings must be dated and identified, and must include an index which can be used to determine that the package is complete. 9. Documents must provide or show, as appropriate, occupancy or use; area, height, and number of stories; type of construction; and loads (wind, floor, snow, and seismic). 10. General Construction 11. Details and methods of installation of manufactured homes on foundations and/or to each other; 12. Floor plan(s) and typical elevation(s); 13. Cross sections necessary to identify major building components; 14. Details of flashing, such as at openings and at penetrations through roofs and subcomponent connections. Indicate flashing material and gauge to be used; 15. Attic access and attic ventilation, when required by code; 16. Exterior wall, roof, and soffit material; 17. Interior wall and ceiling material; 18. Barrier free provisions, if applicable; 19. Sizes, locations, and types of doors and windows; and 20. Suggested foundation plans, vents, and underfloor access. 21. Fire Safety 22. Details of fire rated assemblies, including reference listing or test report for all stairway enclosures, doors, walls, floors, ceiling, partitions, columns, roof, and other enclosures; 23. Means of egress, including details of aisles, exits, corridors, passageways, and stairway enclosures; 24. Flame spread and smoke developed classification of interior finish materials; 25. Location of required draftstops and firestops; 26. Opening protectives in fire resistance rated systems and assemblies; and 27. Drawings of fire suppression systems, standpipes, fire alarms, and detection systems, when required. 28. Structural Detail 29. Calculations of structural members and/or test results, where appropriate, except where compliance can be demonstrated through code tables, accepted handbooks, and listing documents; 30. Details of structural elements, including framing details, spacing, size, and connections; 31. Grade, species, and specifications of materials; 32. Typical foundation plan and details, including details of reinforcing steel and assumed design soil bearing value; 33. Schedule of roof, floor, wind, and seismic loads upon which design is based; and 34. Column loads and column schedule. 35. Mechanical Detail 36. Location of all equipment, appliances, and baseboard radiation units. Indicate equipment and appliance listing or labeling agencies. 37. Energy conservation calculations; 38. Indicate make, model number, and input/output rating of all equipment and appliances, as appropriate; 39. Duct and register locations, sizes, and materials, as appropriate; 40. Method of providing combustion air, if required; and 41. Location of flues, vents, and chimneys; and clearances from air intakes, combustible materials, and other vents and flues. 42. Plumbing Detail 43. Schematic drawing of the plumbing layout, including but not limited to, size of piping; fittings; traps and vents; cleanouts and valves; and gas, water, and drainage systems; and 44. Plumbing materials and location of all equipment, appliances, and safety controls to be used. Indicate the make, model, rating, and capacity of equipment and appliances. Indicate equipment and appliance listing or labeling agencies. 45. Electrical Detail 46. Details of service equipment; 47. Method of grounding service equipment; 48. Load calculations for service and feeders; 49. Sizes of branch circuit conductors; 50. Size, rating, and location of main disconnect and overcurrent protective devices; and 51. Location of outlets, junction boxes, fixtures, and appliances.

1. Approved Compliance Assurance Program

Approval Required

In order to obtain the certification required by 10 M.R.S. §9043(4), State-certified modular homes must be manufactured in accordance with an approved compliance assurance program for the manufacturer’s approved building system.

Submission for Evaluation

• • 1. A manufacturer shall submit to an authorized inspection agency for approval a quality assurance program that meets the requirements of Subchapter 3, Section 13(6). 2. If the submission is found to be incomplete or unsuitable for evaluation, the applicant must be notified in writing of the incompleteness or deficiencies within fifteen (15) calendar days of the date the quality assurance program was received. Any subsequent submission will be treated as a new application. 3. If the submission is found to be suitable for evaluation, a complete evaluation must be performed within thirty (30) calendar days of the date the quality assurance program was received. Upon completion, the applicant must be notified in writing of the results of the evaluation. If the quality assurance program is disapproved, the notice must include the reasons for the disapproval.

Approval

Approval of compliance assurance programs must be evidenced by the stamp of approval of the authorized inspection agency on each sheet of the program documents, or by other effective means of identification. One copy of the approved application and documentation must be returned to the applicant.

Changes to Approved Compliance Assurance Program

An approved compliance assurance program may not vary in any way without prior approval by the authorized inspection agency. All approved amendments must be made a part of the written record of the approval. Such approval must be in writing or be confirmed in writing within ten (10) calendar days of any oral authorization.

Suspension or Revocation of Approval

• • 1. The authorized inspection agency may suspend or revoke approval of a compliance assurance program whenever the approval was issued in error, was issued on the basis of incorrect information, or was issued in violation of this chapter. Notice of such suspension or revocation must be given to the manufacturer in writing. The notice must include the reasons for the suspension or revocation and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6. The suspension or revocation may not go into effect until thirty (30) days after the manufacturer’s receipt of the written notice and is automatically stayed until the Board’s disposition of any appeal filed by the manufacturer. 2. If the authorized inspection agency determines that homes manufactured pursuant to an approved building system do not comply with the Act or this chapter and the manufacturer fails to comply with a corrective order, the authorized inspection agency may suspend or revoke approval of the manufacturer’s compliance assurance program. Notice of such suspension or revocation must be given to the manufacturer in writing. The notice must include the reasons for the suspension or revocation and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6. The suspension or revocation may not go into effect until thirty (30) days after the manufacturer’s receipt of the written notice and is automatically stayed until the Board’s disposition of any appeal filed by the manufacturer.

Compliance Assurance Program Requirements

• • 1. Overview

It is the manufacturer’s responsibility to execute every aspect of this program. The manufacturer shall continue to be responsible for all corrective actions required, and if the Board delegates its inspection duties, the contractual relationship between the manufacturer and the inspection agency may not diminish such responsibility. The manufacturer shall cooperate with the inspection agency by providing the inspection agency with all necessary reports, information, documents, records, facilities, equipment, samples, and other assistance for assuring compliance.

The manufacturer’s compliance assurance program must be submitted in the form of documentation which shall contain complete descriptions of all the compliance assurance activities of both the manufacturer and the authorized inspection agency.

• • 1. Compliance Assurance Program Documents

Compliance assurance program documents consist of an approved building system, as described in Subchapter 3, Section 12; a detailed production quality control program, as described in Subchapter 3, Section 13(6)(C); and detailed on-site installation instructions, as described in Subchapter 3, Section 13(6)(D). The documents must be comprehensively indexed.

• • 1. Production Quality Control Program

The production quality control program is a system employed by the manufacturer to assure conformance with the approved building system.

• • 1. Organizational Requirements

The manufacturer’s name, corporate office address, and the address of each manufacturing facility must be indicated in the quality control manual.

The quality control manual must have a table of contents with the inspection agency’s dated stamp of approval on the cover sheet and any revised pages.

The manufacturer shall demonstrate an organizational structure for implementing and maintaining the compliance assurance program and the program’s functional relationship to other elements of the organizational structure of the manufacturer, which structure must provide for independence from the production department.

The quality control manual must identify the employees in charge of the compliance assurance program and must describe their training and qualifications.

There shall be a uniform system of monitoring and evaluation to ensure program effectiveness.

There shall be a serial numbering system for State-certified modular homes.

There shall be a method of safekeeping, handling, and attaching labels.

• • 1. Materials Control

There shall be procedures for inspection of materials, supplies, and other items at the point of receipt.

There shall be a method of protection of materials, supplies, and other items at the point of receipt.

Provision must be made for the disposal of rejected materials, supplies, and other items.

• • 1. Production Control

There must be procedures for timely remedial and preventive measures to assure product quality.

Testing and inspection equipment must be provided, used and maintained to assure compliance with the approved building system.

Provision must be made for frequency of sampling inspections.

Employees in charge of the quality assurance program shall have the necessary authority to reject defective work and carry out compliance assurance functions, notwithstanding any conflict with production department goals and needs.

There must be a description of the manufacturing process showing the inspection and check points for mandatory inspection characteristics.

There must be inspection and test procedures, including accept and reject criteria and mandatory inspection characteristics.

Provision must be made for disposition of rejects.

• • 1. Finished Product Control

There must be procedures for handling and storing all finished homes at the manufacturing plant or other storage point.

There must be procedures for packing, packaging, shipping operations and related inspections.

D. The On-Site Installation Instructions

The on-site installation instructions consist of specific installation procedures provided by the manufacturer which specify the materials and procedures required to install the home in conformance with applicable codes and standards. Specific installation procedures provided by the manufacturer must include:

• • 1. Anchoring of manufactured housing to the approved foundation. 2. Structural connections between the manufactured housing. 3. Connections required to complete the mechanical and/or utility systems; and 4. Any special conditions affecting other structural elements. 5. The manufacturer shall provide a plan to review all installation procedures, if the home is not installed by factory personnel.

1. Inspection by Board or Authorized Inspection Agency

Overview

The Board shall make such inspections of the entire process of manufacturing, certifying, handling, storing, and delivering State-certified modular homes produced pursuant to an approved building system as it deems necessary. The Board will ordinarily delegate this authority to an authorized inspection agency.

Inspection of Manufacturing Facilities

As part of the process of evaluating approved building systems and compliance assurance programs, the authorized inspection agency shall inspect the manufacturing facilities in which the homes are to be manufactured.

Nature and Frequency of Inspections

The authorized inspection agency shall make such inspections as may be required by an approved compliance assurance program, or as may be deemed necessary by the Board.

Homes Damaged After Certification

Prior to the issuance of a certificate of occupancy, the authorized inspection agency shall inspect State-certified modular homes which it determines to have been sufficiently damaged after certification to warrant such inspection and to take such action with regard to such homes as is authorized under Subchapter 3, Section 14(5), or as is otherwise necessary to eliminate dangerous conditions.

Remediation of Damage

The Board or a Board authorized inspection agency shall require State-certified modular homes which are so damaged as to no longer comply with the Act and this chapter to be brought into compliance promptly. If such homes are not brought into compliance with the Act and this chapter within a reasonable time, or if they are so damaged that they cannot be brought into compliance, the executive director of the Board or authorized inspection agency must order in writing that the labels be removed from such homes. The order must include the reasons for such action and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.

Irreparably damaged homes must be disposed of in accordance with applicable law.

Limitation of Inspection

No inspection entailing disassembly, damage to, or destruction of State-certified modular homes may be conducted except to implement Subchapter 3, Section 15(8) and Subchapter 3, Section 16(5).

1. Certification

Overview

State-certified modular homes, accepted by the authorized inspection agency as having been manufactured according to any approved building system and an approved compliance assurance program, must be certified by the Board as complying with the requirements of the Act and this chapter. Certification is evidenced by the attachment of a label to each dwelling unit.

The Board may delegate to authorized inspection agencies all or any part of its authority to inspect State-certified modular homes, to issue labels and to affix labels to State-certified modular homes.

Attachment of Labels

The certification label must be permanently affixed to the State-certified modular home and must be located in a cabinet or closet.

Contents of Labels

The label must be in the form of a Manufactured Housing Seal shall contain, at a minimum, the following information:

• • 1. A statement of certification by the manufacturer; 2. Manufacturer’s code number (license number); 3. Location of manufacturing facility; 4. Date of issuance; 5. Manufacturer’s serial number; 6. Manufactured Housing Seal serial number; and 7. Authorized inspection agency.

Issuance of Labels

The certification label must be issued by the authorized inspection agency in accordance with the following:

• • 1. Labels must be serially numbered; 2. A manufacturer’s approved compliance assurance program, as described in Subchapter 3, Section 13, must include requirements for issuance, possession of, attachment of, and accounting for all labels to assure that labels are attached only to homes manufactured pursuant to an approved building system and inspected pursuant to an approved compliance assurance program; 3. The Board or the authorized inspection agency may entrust labels to the custody of one or more employees of the manufacturer who shall be charged with controlling the use of such labels. Such employees may not be given custody of more labels than are necessary to accommodate the manufacturer’s anticipated production. If the conditions of custody are violated, the Board or the authorized inspection agency shall immediately regain possession of all labels that have not been applied to homes and shall take such further action with respect to homes already labeled, and with respect to future labeling, as it may deem necessary to assure compliance with the Act and the Board’s rules; and 4. Labels may only be issued to a manufacturer licensed by the Board pursuant to 10 M.R.S. §9021(1). 5. The fee for each label is set forth in Chapter 10, Section 22 of the rules of the Maine Office of Professional and Occupational Regulation, entitled “Establishment of License Fees.”

Records of Labels

Permanent records must be kept of the handling of labels indicating, at a minimum, how many labels have been applied to manufactured homes, which labels have been applied to which homes; the disposition of any damaged or rejected labels; the location and custody of all unused labels; and the first destination of labeled homes. Such records must be maintained by the manufacturer or by the authorized inspection agency. A copy of such records covering the attachment of each label must be furnished to the Board upon request.

The manufacturer must return all unused labels to the Board or the authorized inspection agency upon expiration, suspension or revocation of the manufacturer’s license.

Attachment of Labels

The Board or the authorized inspection agency shall affix labels to homes or building components manufactured in accordance with an approved building system that also met the requirements of an approved compliance assurance program. The manufacturer may affix the label if custody of labels has been entrusted to employees of the manufacturer in accordance with Subchapter 3, Section 15(4)(C).

Manufacturer’s Data Plate

The following information must be placed on the permanent manufacturer’s data plate located in the vicinity of the certification label:

• • 1. Name and address of manufacturer; 2. Manufacturer’s identification number (serial number); 3. Manufacturer’s plan approval designation (model number/name); 4. Insignia serial number; 5. Construction type; 6. Occupancy type (use group); 7. Seismic zone; 8. Gas type, if appropriate; 9. Wind velocity load; 10. Roof live load; 11. Name and date of applicable nationally-recognized code complied with; and 12. Date of manufacture.

Alterations of Certified Units

Manufactured homes certified and labeled pursuant to the Act and this chapter may not be altered in any way prior to the issuance of a certificate of occupancy without resubmission to the authorized inspection agency for approval of the alteration and of the unit which includes the alteration. The authorized inspection agency shall inspect alterations made to the manufactured home wherever it is located and such inspection may include such tests or destructive or non-destructive disassembly as the authorized inspection agency deems necessary to assure compliance with the Act and this chapter. Local enforcement agencies may inspect such alterations upon request by the authorized inspection agency and with the approval of the Board.

1. Violations

Individual Nonconformances

Whenever the authorized inspection agency has reason to believe that an individual building or dwelling unit fails to conform to the requirements of this chapter, the authorized inspection agency shall notify the manufacturer of the nonconformance and afford the manufacturer an opportunity to correct the nonconformance in a manner acceptable to the authorized inspection agency. If the possible nonconformance comes first to the attention of the Board, the Board shall notify the authorized inspection agency in order that that the authorized inspection agency can carry out its responsibilities under this section.

Order of Correction; Disciplinary Action

If the manufacturer fails or refuses to successfully resolve the problem or correct the nonconformance within thirty (30) days, or such reasonable additional time as may be given by the authorized inspection agency, the authorized inspection agency shall notify the Board of same. The executive director of the Board may order the manufacturer to correct the nonconformance. The order must be in writing, must include the reasons for such action and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.

A manufacturer who fails to timely comply with or appeal from an order of correction is subject to disciplinary action and other penalties as set forth in the Act and 10 M.R.S. §8003(5-A).

Certificate of Occupancy

If the nonconformance involves a home for which a certificate of occupancy has not been issued, the authorized inspection agency shall affix or cause to be affixed an invalidation to the label and shall notify the local enforcement agency having jurisdiction that the label has been invalidated and that a certificate of occupancy should not be issued. Where the nonconformance does not create a real and present hazard to the health or safety of the intended occupants of the dwelling unit, the authorized inspection agency may advise the local enforcement agency that the invalidation should not prevent issuance of a temporary certificate of occupancy, provided, however, that the authorized inspection agency shall have fixed a time within which the nonconformance shall be corrected.

Class Nonconformance

Whenever the executive director of the Board has reason to believe a class of manufactured homes may not conform to the requirements of this chapter, the executive director may order the manufacturer to correct the class nonconformance in all homes affected by it. The order must be in writing, must include the reasons for such action and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.

A condition is considered to be a class nonconformance if:

• • 1. The approved building system under which a State-certified modular home was constructed was not code-compliant, or a series of individual non-conformances establishes that there has been a failure of the approved compliance assurance program under which the State-certified modular home was constructed; and 2. The nonconformance constitutes a real and present hazard to the health and safety of the occupants or intended occupants of the home, or the nonconformance constitutes a major structural defect that impairs the ability of any load-bearing portion of the home to carry the intended loads in accordance with the requirements of this chapter.

A manufacturer who fails to timely comply with or appeal from an order of correction is subject to disciplinary action and other penalties as set forth in the Act and 10 M.R.S. §8003(5-A).

Program Nonconformance

• • 1. Whenever the Board or an authorized inspection agency discovers a pattern or practice of serious failure or refusal to adhere to the provisions of an approved quality assurance program, or whenever the Board discovers a serious violation of this chapter in an approved building system which cannot be corrected while production continues, the Board may, after notice and opportunity for hearing, suspend or revoke approval of the building system or quality assurance program and may invalidate or cause to be invalidated all labels affixed to any State-certified modular home issued pursuant to such building system or quality assurance program. The hearing must be conducted in accordance with the provisions of the Maine Administrative Procedure Act applicable to adjudicatory hearings. The executive director of the Board has the burden of proving the program nonconformance at hearing. 2. Suspension is appropriate if the Board finds that production can resume once the pattern or practice, serious failure or refusal, or serious violation has been corrected. 3. Revocation is appropriate if the Board finds that the failure or refusal to adhere to the provisions of the approved quality assurance program has been habitual, if that habitual failure or refusal has been deliberate, or was the result of negligence on the part of the manufacturer, its agents, or its employees. 4. Upon suspension or revocation of any building system or quality assurance program, no further labels may be attached to any modular home manufactured pursuant to the building system or compliance assurance program. Upon reinstatement of approval after suspension, labels may be attached after the date on which approval is reinstated. Any modular home manufactured during a period of suspension for which an appeal is pending may not be labeled unless the appeal is resolved in favor of the manufacturer and the Board or authorized inspection agency has approved or inspected such manufactured home and determined that all requirements for attachment of a label have been met. 5. The manufacturer shall return all labels allocated for any modular home affected by a suspension or revocation to the issuing agency within ten (10) calendar days of the effective date of the suspension or revocation. The manufacturer is entitled to a refund of any applicable label fees which may have been paid for the returned labels.

1. Authority of Local Enforcement Agency

Scope of Authority

The local enforcement agency may exercise all authority granted by the Maine Uniform Building and Energy Code or local ordinance, except that the local enforcement agency may not deny, delay or withhold a building permit or occupancy permit for a one- or two-family residential building because Manufactured Housing Board-certified building components fail to comply with the Maine Uniform Building and Energy Code or local ordinance. See also Subchapter 1, Section 5(1), “Applicability of Local Law.”

Effect of Certification Label

The presence of a certification label affixed to the home as required by 10 M.R.S. §9043(4) and this chapter is sufficient to demonstrate that building components are certified in accordance with these rules for certification of manufactured housing.

Design Changes

• • 1. The local enforcement agency may not require changes to plans, specifications and installation instructions provided as part of the certified building components. 2. The local enforcement agency may exercise all authority granted by the Maine Uniform Building and Energy Code or local ordinance over the design of all work performed on-site and not described in plans, specifications and installation instruction provided as part of the certified building components.

Workmanship

• • 1. The local enforcement agency may exercise all authority granted by the Maine Uniform Building and Energy Code or local ordinance over the workmanship of all work performed on-site in accordance with plans, specifications and installation instructions provided as part of the certified building components, provided that the local enforcement agency may not require workmanship in excess of journeyman quality. 2. The local enforcement agency may exercise all authority granted by the Maine Uniform Building and Energy Code or local ordinance over the workmanship of all work performed on-site and not described in plans, specifications and installation instruction provided as part of the certified building components.

Relocation of State-certified Modular Homes

When a State-certified modular home is relocated, the local enforcement agency must accept the home in accordance with these rules.

• • 1. A home which has not been modified or altered in any way may not be required to conform with the current code. 2. A home which has been modified or altered by more than 50% of the replacement value of the home must be required to be brought into full conformance with the current code. 3. A home which has been modified or altered by less than 50% of the replacement value of the home must have only the modified or altered portion brought into conformance with the current code.

1. Proprietary Information

Any information relating to building systems and compliance assurance programs which a manufacturer or other party considers proprietary must be prominently designated as such at the time of its submission. Disclosure of such information is governed by 10 M.R.S. §9012.

Subchapter 4 Additional Approval Methods For State-Certified Modular Homes

1. Overview

As an alternative to the inspection agency approval method described in Subchapter 3 of the Board’s rules, modular homes may be certified in accordance with the local option method authorized by 10 M.R.S. §9043(2) or the special program method authorized by 10 M.R.S. §9043(3).

1. Local Option Approval Method

State-certified modular housing may be constructed in compliance with a local building code instead of the codes, standards, specifications and requirements set forth in Subchapter 2 provided that the requirements of this section are met.

The manufacturer must be licensed by the Board.

Installation and connection of plumbing, heating and electrical components that are not part of the envelope of the home must be installed by licensed professionals pursuant to the standards adopted by the boards that license the respective trades.

The municipality shall notify the manufacturer and the Board in writing of the recognized local building codes and confirm the municipality’s willingness to accept a home constructed by the manufacturer in compliance with those codes. The manufacturer shall certify that the modular home conforms to the recognized local building codes of the municipality. The manufacturer’s certificate must be permanently affixed to a cabinet or closet of the modular home.

1. Special Program of Approval

Generally

The Board may approve a special program of approval if a manufacturer demonstrates to the satisfaction of the Board that an unreasonable economic hardship prevents the manufacturer from meeting the requirements of the inspection agency approval method set forth in Subchapter 3 or the local option approval method set forth in Subchapter 4, Section 20. In no case may a program of unsupervised self-certification be authorized.

Demonstration of Hardship

The manufacturer shall document the nature and extent of the hardship to the Board. The cost of complying with the inspection agency approval method does not in and of itself constitute hardship.

Additional Criteria for Approval

The manufacturer shall identify the independent contractor hired to perform inspections of the manufacturing process, and shall demonstrate to the satisfaction of the Board that inspections will be performed with reasonable frequency to determine the quality of the raw materials, the grade of the finished product, and the adequacy of the design package and fabrication procedure. As a precondition to Board approval, the independent contractor must evaluate the manufacturer’s building system and certify to the Board that the building system meets the requirements of Subchapter 2.

Action by Board

The executive director of the Board may refuse to approve a special program that fails to meet the approval criteria in Subchapter 4, Section 21(1–3). Such refusal must be in writing, must include the reasons for the refusal and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.

Subchapter 5 Approval of Inspection Agencies

1. Requirements for Submission

An inspection agency seeking approval shall submit an application to the Board which includes the items listed in this section.

The original Articles of Incorporation of the agency and all subsequent amendments thereto, as filed in the State of incorporation.

The bylaws of the organization, if any.

The names, addresses, and business of all owners, members of the board of directors and top management personnel.

Certification by the agency that:

• • 1. Its board of directors, as a body, and its technical personnel, as individuals, can exercise independence of judgment; and 2. Its activities pursuant hereto will result in no financial benefit to the agency via stock ownership, or other financial interests in any producer, supplier, or vendor of products involved, other than through standard published fees for services rendered. 3. The inspection agency will not perform design or quality assurance program approvals for any manufacturer whose design or quality assurance program has been created in whole or in part by members of the inspection agency or any affiliated organization. 4. Names, years of experience, state in which professionally registered, and other qualifications of the directors of inspection or evaluation programs. Registration in more than one State is not required. 5. Names and years of experience of employees practicing in the following disciplines: architecture, structural engineering, mechanical engineering, electrical engineering, fire protection, and other branches of engineering; the states in which each is registered; and the services each performs. Registration in more than one state is not required. 6. An organizational chart showing management and supervisory persons, including the number of graduate engineers and architects, and the names of all consulting engineers or architects, designating which are full-time and which are part-time engineers. The ASTM E-541 Standard must be used to establish minimum personnel requirements. 7. Number and location of factory inspectors, supervisors, and other technicians, including evaluators of factory inspectors and the qualifications of each specialized group, including records of work experience, licenses held, and other pertinent qualifications; descriptions of the type of work each group and each technician is expected to perform; and the qualification of each group and each technician to perform the work assigned. 8. Statement from the agency to assure that all inspectors, evaluators, and other technicians are properly trained to do each job assigned to them. 9. An outline of the general procedures for supervision of inspectors and evaluators, including checking and evaluation of their work. 10. All engineers, technicians, and other personnel who will perform services for the organization, but who are not employees of the organization, and the supervisory and other relationships which each will have to the agency. 11. Type of products, components, equipment, structures, and other items which the organization has evaluated, tested, or inspected, and the number of years of experience the organization has had with each, and the type of codes, standards, specifications, and requirements with respect to which the organization has had experience in providing evaluation, inspection, or testing services, and the number of years of experience with each. 12. Description of the record-keeping system the agency proposes to use with particular regard to availability of records to the Board and the capacity to render reports. 13. Description of the frequency with which the agency performs inspections or evaluations. 14. List of the States in which the agency is now approved to inspect or evaluate manufactured housing. 15. Certification that the agency is able to evaluate building systems for compliance with the codes, standards, specifications, and the requirements adopted herein, or manufactured housing for compliance with approved building systems.

1. Procedures for Approving and Delegating

The Board may approve inspection agencies which meet the requirements of Subchapter 5, Section 22 and which the Board finds otherwise qualified to perform the functions proposed to be delegated to them.

Prior to a full evaluation of an application for approval, the Board shall determine whether such application is suitable for processing. If the application is found to be unsuitable for processing, the applicant must be notified in writing of such unsuitability and the basis thereof within thirty (30) calendar days of the date the application is received by the Board. In such event, the findings of unsuitability shall be without prejudice. If the application is found to be suitable, the applicant shall be notified in writing within thirty (30) calendar days and the evaluation shall be conducted within sixty (60) calendar days of the date the application is received by the Board.

Approval of inspection agencies must be evidenced by a letter to the applicant indicating such approval and stating specifically the functions which the authorized inspection agency has been approved to perform.

If an inspection agency is not approved, the refusal must be in writing and must include a written explanation of the reasons for disapproval. The refusal must also inform the inspection agency of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.

1. Continued Approval of Authorized Inspection Agencies

The Board or its agent shall monitor each authorized inspection agency at any reasonable time, with or without prior announcement, in order to monitor the reliability of the agency. Each such examination must investigate the adequacy of all evaluation procedures including engineering evaluation of plans, specifications and test results, testing, and analysis of compliance assurance programs. The results of such examination must be kept on file at the offices of the Board. Copies of such reports must be sent to the authorized inspection agency. Authorized inspection agencies must be specifically notified of any deficiencies and of the manner in and time by which such deficiencies must be eliminated. If deemed necessary by the Board, approval of an inspection agency may be suspended or revoked as provided in Subchapter 5, Section 25.

Such examination must also be conducted before approving an inspection agency.

The Board or its agent shall monitor each authorized inspection agency, at any reasonable time, with or without prior announcement, at either the inspection agency’s office or at a manufacturer’s place of business, in order to measure the performance of each inspection agency and of its monitoring of the manufacturer’s compliance assurance program. Each such examination must investigate the adequacy of all procedures used by the authorized inspection agency in the monitoring activity including personnel selection, training, supervision, reporting accuracy, use of approved documents, evaluation of reports, decision criteria, and all other activities which measure the effectiveness of the manufacturer’s program. The results of such examinations must be kept on file at the offices of the Board. Copies of such reports must be sent to the authorized inspection agency. The authorized inspection agency must be specifically notified of any deficiencies and the means and time by which such deficiencies must be eliminated. If deemed necessary by the Board, an inspection agency’s approval may be suspended or revoked as provided in Subchapter 5, Section 25.

Such examination must also be conducted before approving an inspection agency.

1. Suspension and Revocation

Grounds

The Board may suspend or revoke its approval of an authorized inspection agency for any of the following reasons:

• • 1. The approval was issued on the basis of incorrect information; 2. The approval was issued in violation of the Act or this chapter; or 3. The authorized inspection agency has failed to properly perform its functions.

Procedure

The Board shall provide the authorized inspection agency notice and opportunity for hearing prior to suspending or revoking approval. The hearing must be conducted in accordance with the provisions of the Maine Administrative Procedure Act applicable to adjudicatory hearings. The executive director of the Board has the burden of proving the incorrect information, violation, or failure to properly perform functions at hearing.

Procedures Following Suspension or Revocation

• • 1. If the Board suspends or revokes the approval of an inspection agency, the manufacturers being evaluated or inspected by such agencies must be given notice in writing after the disposition of any appeal of the suspension or revocation with the reasons set forth therein. 2. An inspection agency for which approval has been suspended or revoked shall, within thirty (30) calendar days of the suspension or revocation, deliver to the custody of the Board all labels or label devices and other required documents in the evaluation of inspection agency’s possession, under its control, or for which it is responsible, pursuant to the Act and these rules. 3. The Board, upon request of a manufacturer affected by the suspension or revocation of approval of an inspection agency, shall establish a temporary arrangement by which the manufacturer can continue to manufacture, sell, lease, deliver, and install manufactured housing in conformance with the Act and these rules until suspension or revocation is lifted or arrangements can be made to utilize another approved inspection agency.

Subchapter 6 Appeals to the Board

1. Scope

The provisions of this subchapter apply to the following types of appeals to the Board:

A manufacturer who appeals the executive director’s denial of a waiver of compliance from the Energy Specifications Table sought under Subchapter 2, Section 10(H)(6)(k)(iv);

A manufacturer who appeals the executive director’s denial of a waiver of compliance with the radon standard sought under Subchapter 2, Section 10(J)(4)(i)(iii);

A manufacturer who appeals an authorized inspection agency’s refusal to approve a building system pursuant to Subchapter 3, Section 12(2)(C);

A manufacturer who appeals an authorized inspection agency’s suspension or revocation of approval of a building system pursuant to Subchapter 3, Section 12(6);

A manufacturer who appeals an authorized inspection agency’s suspension or revocation of approval of a compliance assurance program pursuant to Subchapter 3, Section 13(5)(A) or (B);

A manufacturer who appeals an order of the executive director or authorized inspection agency to remove a label from a damaged home pursuant to Subchapter 3, Section 14(5);

A manufacturer who appeals the executive director’s order to correct a nonconformance pursuant to Subchapter 3, Section 16(2);

A manufacturer who appeals the executive director’s order to correct a class nonconformance pursuant to Subchapter 3, Section 16(4);

A manufacturer who appeals the executive director’s refusal to approve a special program of approval pursuant to Subchapter 4, Section 21(4); and

An inspection agency who appeals the executive director’s denial of approval pursuant to Subchapter 5, Section 23(4).

1. Timeliness

To be timely, an appeal must be received by the Board in writing no later than thirty (30) days after the manufacturer or inspection agency’s receipt of written notice of the suspension, revocation, order, refusal, denial or other action appealed from. Filing of the appeal is complete when the appeal is received by postal mail, express delivery, in-hand delivery, or electronic mail. Untimely appeals will not be considered.

1. Contents of Appeal

The appeal must include a copy of the suspension, revocation, order, refusal, denial or other action appealed from, a description of the manufactured housing affected, a detailed explanation of the reason for the appeal, and a statement of the relief sought by the appellant. The Board will provide a copy of the appeal to the authorized inspection agency or the executive director, as the case may be.

1. Appeal Hearing

An evidentiary hearing will be held by the Board unless the parties to the appeal are able to satisfactorily resolve the dispute that led to the filing of the appeal. The appeal will be heard de-novo and will be governed by the provisions of the Maine Administrative Procedure Act applicable to adjudicatory proceedings. The authorized inspection agency or the executive director of the Board, as the case may be, has the burden of proof at hearing.

History

• STATUTORY AUTHORITY: 5 MRSA §8051; 10 MRSA §§9005-A, 9041, 9042
• EFFECTIVE DATE: May 20, 1978 (Chapters 110 - 210)
• AMENDED: July 6, 1982 (Chapters 110 - 210)
• AMENDED: June 1, 1983 (Chapters 110-210)
• AMENDED: August 27, 1983 (Chapters 110 - 210)
• AMENDED: May 4, 1987 (Chapter 140)
• AMENDED: REPEAL oF Chapters 110, 120, 130, 140, 150, 160, 170, 180, 190, 200, 210:
• AMENDED: June 3, 1992
• ADOPTION OF NEW CHAPTER 110: June 3, 1992
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: August 25, 1997
• AMENDED: August 16, 2000 - Subpart B replaced
• AMENDED: November 8, 2003 - filing 2003-393
• AMENDED: October 13, 2004 - filing 2004-450
• AMENDED: February 6, 2006 – filing 2006-58
• AMENDED: March 14, 2007 – filing 2007-85
• AMENDED: October 27, 2008 – filing 2008-492
• REPEALED AND REPLACED: November 10, 2012 – filing 2012-307 (re-titled “State Certification of Modular Homes”
• AMENDED: February 5, 2018 – filing 2018-016
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 18, 2025
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 110) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 2 Licensing - Definitions (formerly 02-385 C.MR. Ch. 320)

Code Me. R. 08-004 Ch. 2 Licensing - Definitions {#sec-08-004-ch.-2 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 2}

SUMMARY: This chapter defines terms relating to the licensing of manufacturers, dealers, developer dealers, mechanics and installers of manufactured housing.

1. Definitions

As used in the board’s licensing rules, unless the context otherwise indicates, the following words have the following meanings:

A. Branch. “Branch” means an additional business location where the sale, offering for sale, brokering or distribution of manufactured housing takes place and for which an additional license fee is charged.

B. Envelope. “Envelope” means all elements of a State-certified modular home that are designed by the manufacturer and contained in the plans and specifications.

C. Installation

(1) “Installation” of a HUD-code or pre-HUD-code manufactured home means the affixing, assembling or setting up of such homes on foundations or supports at a building site, including pier blocking, placement of prefabricated footings, and connection to existing electrical, oil, water, sewage and similar systems that are necessary for the use of the home for dwelling purposes. “Installation” also includes installation of heating oil tanks provided that the licensee is licensed to install oil tanks by the Oil and Solid Fuel Board.

“Installation” of a State-certified modular home means the so-called “A” work, as shown in the table below:

“A” work

(part of installation)

“B” work

(not part of installation)

Installing basement lally columns

Construction of foundation, site preparation and grading.

Affixing the home to the foundation at the building site.

Roof system not supplied by the manufacturer and any engineered roof construction that is to be done on site.

Assembling and fastening structural components, including the manufacturer-supplied roof system.

Sheetrocking, painting, carpeting/flooring and other finish work at the marriage line between structural components.

Making the assembled home watertight.

Completing the remaining elements of the home that are designed by the manufacturer and contained in the plans and specifications for the home, including any field-installed items contained in the plan and specifications.

Installation of the heating system. Connection to existing electrical, oil, water, sewage, and similar systems that are necessary for the use of the home for dwelling purposes.

D. Journeyman quality workmanship. “Journeyman quality workmanship” means workmanship that equates to the second or intermediate level of development of proficiency in a particular trade or skill, and reflects the work of a skilled worker but without the perfection of a master craftsman.

E. Person. “Person” means an individual, partnership, association, trust, limited liability company, corporation or any other legal entity or combination thereof.

F. Service. “Service” means to correct defects in factory-installed systems that were part of the unit at the time of manufacture.

History

• STATUTORY AUTHORITY: 10 M.R.S.A., Chapter 951, Subchapter I, Section 9005 and Subchapter II, Section 9021
• EFFECTIVE DATE: July 16, 1978
• AMENDED: July 6, 1982
• AMENDED: April 1, 1992
• AMENDED: December 1, 1995
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: August 16, 2000
• AMENDED: November 8, 2003 - filing 2003-394
• AMENDED: January 11, 1997
• AMENDED: August 16, 2000
• AMENDED: November 8, 2003 - filing 2003-394
• REPEALED AND REPLACED: March 14, 2007 – filing 2007-87
• REPEALED AND REPLACED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 320) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 3 Fees (formerly 02-385 C.MR. Ch. 331)

Code Me. R. 08-004 Ch. 3 Fees {#sec-08-004-ch.-3 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 3}

Summary: This chapter references the establishment of license and other fees relating to manufactured housing by the Office of Licensing and Registration.

1. Fees

All fees, costs and assessments authorized or imposed by the rules of the Manufactured Housing Board shall be the amounts established in Chapter 10 of the rules of the Department of Professional and Financial Regulation, Office of Licensing and Registration for their respective purposes.

History

• STATUTORY AUTHORITY: 10 M.R.S.A. § 8003(2-A)(D)
• EFFECTIVE DATE: November 8, 2003 - filing 2003-395
• EFFECTIVE DATE: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 331) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 4 Licensing - Licenses (formerly 02-385 C.MR. Ch. 340)

Code Me. R. 08-004 Ch. 4 Licensing - Licenses {#sec-08-004-ch.-4 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 4}

SUMMARY: This chapter sets forth requirements for licensure as a mechanic, installer, dealer, developer dealer or manufacturer of manufactured housing.

1. General Requirements

A. Qualifying Education For Licensees

1. An outline of the proposed training shall be submitted to the board for approval, except where the training is developed by the board.

2. The initial training shall consist of not less than four hours, including but not limited to training in the following areas:

a. Statutes and rules relevant to all types of manufactured housing by the board;

b. The installation and servicing of HUD-code and pre-HUD-code homes; and

c. The installation and servicing of State-certified modular homes.

3. The cost for board-developed training shall be set by the board in an amount not to exceed $25.

4. A manufacturer of State-certified modular homes shall be responsible for educating its dealers and/or installers in specific installation methods required for the proper installation of its products.

B. Proof of Insurance

All licensees shall submit proof of products/completed operations liability insurance and workers’ compensation insurance as set forth herein regardless of when the license was initially issued or last renewed. Licensees shall maintain this coverage in effect at all times as an ongoing condition of licensure and shall present proof of insurance annually as set forth in this Section 1(B), Section 4(A)(1), Section 4(B)(1), Section 4(C)(1), Section 4(D)(1), Section 4(E)(1) and Section 5(B) of this chapter.

1. On June 30, 2005, and on June 30 of every odd-numbered year thereafter, all mechanics, developer dealers and installers shall submit proof of products/completed operations liability insurance, for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves.

Proof of insurance as described above in even-numbered years shall be submitted with the licensee’s application for license renewal pursuant to Section 4(B) of this chapter.

2. On June 30, 2005, and on June 30 of every odd-numbered year thereafter, all dealers and manufacturers shall submit proof of products/completed operations liability insurance, for a limit of not less than $1,000,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves.

Proof of insurance as described above in even-numbered years shall be submitted with the licensee’s application for license renewal pursuant to Section 4(B) of this chapter.

3. Proof of products/completed operations liability insurance and workers’ compensation insurance consists of a binder or certificate of insurance.

2. Established Place of Business for Dealers

A. Dealers Licensed Prior to Effective Date of This Subsection

The provisions of this subsection apply to all persons licensed as dealers prior to the effective date of this subsection.

Dealers subject to this subsection shall have an established place of business as set forth in this subsection. “Established place of business” means a fixed and definite place of business where the licensee and its employees may be personally contacted without unreasonable delay and at which the business of a manufactured housing dealer may be lawfully carried on. All necessary books, records and files to conduct business shall be kept and maintained at the place of business, and the place of business shall display an exterior sign.

The licensee may not add new branch locations until the branch office fee has been paid.

Compliance with this subsection is an ongoing requirement of licensure for dealers subject to this subsection.

B. Dealers Initially Licensed On or After Effective Date of This Subsection

The provisions of this subsection apply to all persons initially licensed as dealers on or after the effective date of this subsection, and to all persons newly re-licensed as dealers on or after the effective date of this subsection following the lapse, termination or revocation of an earlier dealer license.

Dealers subject to this subsection shall have an established place of business as set forth in this subsection. The primary business location of the dealer and any branch location must meet the following requirements:

1. Be located in an enclosed building(s) which is in good repair, free of obstruction, and which has a source of heat;

2. Have an office that is at least 100 square feet in size, is used for the dealer’s business, is entered through an exterior door that is readily accessible to the public, is completely enclosed by floor to ceiling construction, and is separate from any living quarters;

3. Have business hours which are posted and clearly visible on the exterior or through a window of the building;

4. Display the license(s) issued by the board.

5. Have a permanently mounted exterior sign that displays the business name of the dealer and is visible from the entrance of the business establishment. The face of the sign must be at least 12 square feet in size. The lettering of the sign must be readable from a distance of 200 feet.

6. Conform to all local zoning, land use and signage requirements. If the requirements of this paragraph are inconsistent with local requirements, the board may waive the requirements of this paragraph to the minimum extent necessary to enable compliance with the local requirements.

The licensee may not change its primary business location or add new branch locations until such primary or branch locations have been approved by the board and any applicable branch office fee has been paid.

Compliance with this subsection is an ongoing requirement of licensure for dealers subject to this subsection.

3. Application for Initial Licensure – All License Categories

A. Submission of Application

The applicant shall submit an application under oath on forms provided by the board together with the fees required by Chapter 10, Section 4(22) of the rules of the Office of Licensing and Registration. Incomplete applications may be returned to the applicant.

Information Required of All Applicants

The application shall include the information and documentation described below and such other relevant information as the board may require:

1. Designation of the classification of license sought by the applicant;

2. A certificate of completion of a board-approved training program;

3. If the applicant is a sole proprietor, the name, date of birth, contact address, social security number, telephone number, fax number and email address of the applicant;

If the applicant is a partnership, the name, contact address, employer identification number, telephone number, fax number and email address of the partnership; the name and contact address of each partner; and the name of the partner who will be representing the applicant in matters before the board;

5. If the applicant is a corporation, the name, contact address, employer identification number, telephone number, fax number and email address of the corporation; the name of the parent company, if any; the name, contact address and title of each corporate officer and director; the name and contact address of each shareholder owning 10% or more of the voting stock of the corporation, including over-the-counter stock, unless the stock is traded on a major stock exchange and not over-the-counter; a certificate of existence from the Maine Secretary of State or, for corporations not organized under Maine law, a certificate of authority from the Maine Secretary of State; and the name of the corporate officer who will be representing the applicant in matters before the board; and

6. If the applicant is a limited liability company, the name, contact address, employer identification number, telephone number, fax number and email address of the limited liability company; the current list of names and mailing addresses of each member and manager described in 31 MRSA §655(1)(A); a certificate of existence from the Maine Secretary of State or, for limited liability companies not organized under Maine law, a certificate of authority from the Maine Secretary of State; and the name of the member or manager who will be representing the applicant in matters before the board.

An applicant who is not a resident of the State shall designate, on forms provided by the board, the Executive Director of the board as the applicant’s agent for service of process in this State.

4. Application for Initial Licensure – Specific License Categories

Applicants shall submit the following additional information and documentation described below for each license type:

A. Dealer

1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $1,000,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;

2. Type of Manufactured Housing – The type of manufactured housing that the applicant intends to sell;

3. Employment Record – Evidence of two years of work experience under the supervision of a dealer or manufacturer related to the type of manufactured housing that the applicant intends to sell, or evidence of work experience or training deemed equivalent by the board;

4. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated;

5. Installation – Whether employees of the applicant, subcontractors licensed by the board, or both will be installing the homes sold by the applicant. If subcontractors, the applicant shall provide the names, license numbers and addresses of the subcontracting installers or mechanics;

6. Service – Whether employees of the applicant, subcontractors or both will be performing any necessary warranty service on the homes sold by the applicant. If any subcontractors are licensed by the board, the applicant shall provide the names, board license numbers and addresses of the subcontracting installers or mechanics;

7. Sales tax number –A State of Maine sales tax number; and

8. Established place of business – The dealer applicant shall have an established place of business as required by Section 2(B) of this chapter. Compliance with this paragraph shall be an ongoing requirement of licensure.

B. Developer Dealer

1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;

2. Site location(s) – The location(s) of the real estate owned by the applicant where homes will be sited. During the course of the license term, the developer dealer shall notify the board in writing of any additional locations that will be used for siting State-certified modular homes;

3. Manufacturers or dealers – The names and addresses of the manufacturer or dealer from whom homes will be purchased; and

4. Sales tax number – A State of Maine sales tax number.

5. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated.

C. Installer

1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;

2. Employment record – Evidence of two years of work experience related to the license being applied for under the supervision of a dealer or installer, or evidence of work experience or training deemed equivalent by the board; and

3. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated.

D. Manufacturer

1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $1,000,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;

2. Type of manufactured housing – The type of manufactured housing the applicant intends to manufacture;

3. For a manufacturer of State-certified modular homes – The manufacturer’s authorized third-party inspection agency’s compliance assurance documents in accordance with the requirements of Chapter 110, Subpart D, Section II of the board's Rules for the State Certification of Manufactured Housing;

4. Installation manual(s) – The manufacturer’s installation manuals. Subsequent changes in the installation manual(s) shall be submitted with the manufacturer’s applications for license renewal on an ongoing basis; and

5. Sales tax number – A State of Maine sales tax number.

E. Mechanic

1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;

2. Employment record – Evidence of two years of work experience related to the license being applied for under the supervision of a dealer or mechanic, or evidence of work experience or training deemed equivalent by the board; and

3. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated.

5. License Renewal

Renewal licenses are issued for a 2-year period beginning on June 30 of every even-numbered year. The licensee shall submit a renewal application on forms provided by the board. The licensee shall enclose with the renewal application—

A. The license fee required by Chapter 10, Section 4(22) of the Rules of the Office of Licensing and Registration, entitled “Establishment of License Fees;” and

B. Proof of the products/completed operations liability insurance and workers’ compensation insurance described in Section 1(B) of this chapter.

6. Notice of Change of Contact Address

A licensee shall notify the board of a change of contact address via letter, fax or email within 30 days after the change.

History

• STATUTORY AUTHORITY: 10 M.R.S.A. §§8003(3)(D), 9005, 9021, and 9022
• EFFECTIVE DATE: December 16, 1979
• AMENDED: July 6, 1982
• AMENDED: July 1, 1985
• AMENDED: April 1, 1992
• AMENDED: December 1, 1995
• NON-SUBSTANTIVE CORRECTIONS: November 25, 1997 - restored missing “license” in §1 sub-§B par. (1);
• NON-SUBSTANTIVE CORRECTIONS: minor punctuation.
• AMENDED: August 16, 2000
• AMENDED: May 28, 2005 – filing 2005-183
• AMENDED: March 14, 2007 – filing 2007-89
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 340) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 5 Licensing - Scope of Practice Obligations of Licensees Prohibited Practices (formerly 02-385 C.MR. Ch. 350)

Code Me. R. 08-004 Ch. 5 Licensing – Scope of Practice, Obligations of Licensees, Prohibited Practices {#sec-08-004-ch.-5 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 5}

SUMMARY: This chapter describes the scope of practice applicable to the different licenses, obligations of licensees, and prohibited practices.

[ NOTE: The lists of prohibited practices and obligations of licensees contained in this chapter are not exclusive. See also the Manufactured Housing Act , 10 MRSA §9001 et seq ., the Manufactured Housing Warranties law, 10 MRSA §1401 et seq . and the other rules of the board.]

1. Scope of Practice

This section describes the scope of practice applicable to the different licenses issued by the board. No licensee may practice outside the scope of practice applicable to the license or licenses held by the licensee.

Dealers —

Dealers are authorized to—

1. Purchase, sell, offer to sell, broker and distribute manufactured housing;

2. Install and service manufactured housing; and

3. Negotiate or act as an agent for the purchase, sale or distribution of manufactured housing.

B. Developer Dealers —

Developer dealers are authorized to—

1. Purchase, sell and offer to sell State-certified modular homes from a licensed manufacturer or dealer for placement on property owned by the developer dealer; and

2. Service (but not install) State-certified modular homes on property owned by the developer dealer under the direction of the manufacturer or dealer from whom the home was purchased.

C. Installers —

Installers are authorized to install and service State-certified modular homes.

D. Manufacturers

Manufacturers are authorized to—

1. Produce manufactured housing for sale to a licensed dealer or developer dealer; and

2. Install and service manufactured housing produced by that manufacturer.

E. Mechanics

Mechanics are authorized to install and service HUD-code and pre-HUD-code homes.

2. Obligations of Licensees

A. Code Compliance; Journeyman Quality Workmanship

All work performed by manufacturers, dealers, developer dealers, installers, mechanics and their employees in the manufacture, installation and service of manufactured housing shall conform to all codes and standards of the board and be of journeyman quality workmanship or better. All licensees are responsible for proper supervision of their employees.

B. Contractor Hired by Licensee

A licensee who contracts for the installation or servicing of manufactured housing manufactured, sold, distributed or brokered by the licensee must ensure that the installation, service or work performed by the contractor conforms to all codes and standards of the board and is of journeyman quality workmanship or better.

C. Documentation at Work Site

1. The dealer, or dealer and mechanic of a HUD-code home:

(a) Must ensure that the manufacturer’s installation instructions are on site at time of installation, and

(b) Must leave the instructions with the home upon completion of installation.

2. The dealer, developer dealer and installer of a State-certified modular home, or a manufacturer installing a State-certified modular home:

(a) Must ensure that the manufacturer’s installation instructions and a copy of the plans of the home are on site at time of installation; and

(b) Must leave the instructions and plans with the home upon completion of installation.

D. Provision of Service Records

A licensee who services a home shall leave the name of the person providing service and documentation of the work performed with the owner at the time service is provided, or shall mail the information to the owner within 10 days after service is provided.

E. Retention of Records

Licensees shall retain all records relating to the manufacture, sale, brokering, distribution, installation and service of manufactured housing, and all warranty records, for a period of 4 years. Records shall be retained in a manner amenable to inspection and copying by the board.

F. Statutory Warranty Disclosure

The dealer shall disclose the terms of the statutory warranty contained in 10 M.R.S. §1404, describe the role of the Manufactured Housing Board and provide staff contact information, to the buyer at the time of sale. The statutory warranty disclosure form to be used is attached as “Appendix A.”

G. Installation Warranty Disclosure

The installer or the installer and the dealer, when the dealer is responsible for the installation, shall disclose the terms of the installation warranty contained in 10 M.R.S. §1404-A, describe the role of the Manufactured Housing Board and provide staff contact information, to the buyer at the time of sale. The installation warranty disclosure form to be used is attached as “Appendix B.”

3. Prohibited Practices

A. Fraud or Deceit

No licensee may engage in the practice of fraud or deceit in connection with the manufacture, sale, offering for sale, brokering, distribution, installation or service of manufactured housing.

B. Incompetence

(1) No licensee may engage in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee.

(2) No licensee may engage in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which the license was issued.

C. Lack of Trustworthiness or Financial Responsibility

No licensee may engage in conduct that demonstrates a lack of trustworthiness or financial responsibility.

D. Failure to Maintain Good Business Reputation

No licensee may fail to maintain a good business reputation.

E. Prohibited Contracting for Installation or Service

No licensee may contract with an installer or mechanic to install or service a home unless the installer or mechanic is licensed by the board and the contracted work is within the scope of the license.

F. Recommendation of Unlicensed Installer or Mechanic Prohibited

No licensee may recommend an installer or mechanic to a purchaser for the installation or service of manufactured housing unless the installer or mechanic is a licensee of the board.

G. Prohibited Contract for Trade Services by Unlicensed Person

No licensee may contract for electrical, plumbing oil burner or propane work in connection with the installation or servicing of a home unless the contractor is properly licensed to perform the work by the appropriate licensing board within the Department of Professional and Financial Regulation, Office of Licensing and Registration.

H. Recommendation of Unlicensed Tradesperson Prohibited

No licensee may recommend an electrician, plumber, oil burner technician or propane/natural gas technician to a purchaser in connection with the installation or servicing of a home unless the electrician, plumber, oil burner technician or propane/natural gas technician is properly licensed to perform the work by the appropriate licensing board within the Department of Professional and Financial Regulation, Office of Licensing and Registration.

I. Acceptance of Certain HUD-Code Homes Prohibited

No dealer may accept from a manufacturer a new HUD-code home that does not display the HUD label and a State of Maine Manufacturer Warranty Seal.

J. Acceptance of Certain State-Certified Modular Homes Prohibited

No dealer or developer dealer may accept from a manufacturer a new State-certified modular home that does not display a State of Maine Manufactured Housing Board Seal of Approval Certification of Compliance as a State-certified modular home and a State of Maine Manufacturer Warranty Seal.

K. Sale or Delivery of Certain HUD-Code Homes Prohibited

No manufacturer may sell or deliver into the State of Maine a new HUD code home that does not display the HUD Label label and a State of Maine Manufacturer Warranty Seal.

L. Sale or Delivery of Certain State-Certified Modular Homes Prohibited

No manufacturer may sell or deliver into the State of Maine a new State-certified modular home that does not display a State of Maine Manufactured Housing Board Seal of Approval Certification of Compliance as a State-certified modular home and a State of Maine Manufacturer Warranty Seal.

Appendix A to Chapter 5

Manufactured Housing Board

Statutory Warranty

10 M.R.S. §1404

A statutory warranty is hereby established under which both the manufacturer and the dealer certify that to the best of their knowledge, the new manufactured home is free from any substantial defects in the approved building systems, materials and workmanship. The dealer shall deliver the written warranty to the buyer at the time of sale, and the warranty must contain the following terms:

Defects: That the manufactured home is free from any substantial defects in materials or workmanship.

Corrective Action: That the manufacturer or dealer or both shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship, which become evident within one year from the date of delivery of the manufactured home to the consumer, provided the consumer or the consumer’s transferee gives written notice of such defects to the manufacturer or dealer at the manufacturer’s or dealer’s business address not later than one year and ten days after date of delivery.

Liability: That the manufacturer and dealer are jointly and severally liable to the consumer for the fulfillment of the terms of warranty, and the consumer may notify either one or both of the need for appropriate corrective action in instances of substantial defects in the approved building systems, materials or workmanship.

Name, Address and Phone Number of Manufacturer: That the name, address and phone number of the manufacturer and the dealer where the consumer must mail or deliver written notice of defects to either the dealer or the manufacturer, or both, shall be set forth in the document.

Responsibility: That, while the manufacturers of any appliances may also issue their own express warranties, the primary responsibility for appropriate corrective action under the warranty rests with the dealer and manufacturer, and the consumer should report all complaints to the dealer and manufacturer initially.

Warranty Supplemental: That this statutory warranty is in addition to any express warranty provided by the manufacturer or dealer and any warranty created by state or federal law, including the implied warranties of merchantability and fitness for a specific purpose. The Manufactured Housing Board, in consultation with the Department of the Attorney General, shall prepare a written warranty form that contains the terms of subsections 1 to 5 and shall ensure that this warranty form is distributed to all dealers and manufacturers doing business in this State.

The Manufactured Housing Board’s responsibilities include the enforcement of M.R.S. Title 10, Chapter 951: Manufactured Housing Act, the administration and enforcement of rules, and the investigations of complaints.

If, after contacting both dealer and manufacturer concerning potential defects in your home, these defects remain unresolved, you may contact the Department of Professional and Financial Regulation, Manufactured Housing Board, 35 State House Station, Augusta, ME 04333, Telephone (207) 624-8612.

I have read this document and understand my rights established in 10 M.R.S. §1404 – Statutory Warranty.

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Homeowner Date Homeowner Date

Appendix B to Chapter 5

Manufactured Housing Board

Installation Warranty

10 M.R.S. §1404-A

The installer or the installer and the dealer, when the dealer is responsible for the installation, shall provide a written warranty with each new manufactured housing unit installed for a buyer. The installer shall deliver the written warranty to the buyer at the time of the installation. The warranty must contain the following:

Approved Building Systems, Materials and Workmanship: That the installation is free from any substantial defects in the approved building systems, materials or workmanship.

Corrective Action: That the installer or the installer and the dealer, when the dealer is responsible for the installation, shall take appropriate corrective action at the site of the manufactured housing in instances of substantial defects in the approved building systems, materials or workmanship that become evident within one year from the date of the installation of the manufactured housing if the buyer or the buyer’s transferee gives written notice of the defects to the installer or the installer and the dealer, when the dealer is responsible for the installation, at the installer’s or the installer’s and the dealer’s business addresses no later than one year and ten days after the date of installation.

Liability: That the installer or the installer and the dealer, when the dealer is responsible for the installation, are liable to the buyer for the fulfillment of the terms of the warranty.

Name, Address and Phone Number of Installer: The name, address and phone number of the installer or the installer and the dealer, when the dealer is responsible for the installation, to whom written notice of defects must be mailed or delivered by the buyer.

The Manufactured Housing Board’s responsibilities include the enforcement of M.R.S. Title 10, Chapter 951: Manufactured Housing Act, the administration and enforcement of rules, and the investigations of complaints.

If, after contacting both installer and dealer concerning potential defects in your home, these defects remain unresolved, you may contact the Department of Professional and Financial Regulation, Manufactured Housing Board, 35 State House Station, Augusta, ME 04333, Telephone (207) 624-8612.

I have read this document and understand my rights established in 10 M.R.S. §1404-A – Installation Warranty.

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Homeowner Date Homeowner Date

History

• STATUTORY AUTHORITY: 10 M.R.S. §§ 9005-A, 9021
• EFFECTIVE DATE: July 17, 1978
• AMENDED: July 6, 1982
• AMENDED: July 1, 1985
• AMENDED: April 1, 1992
• AMENDED: December 1, 1995
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: August 16, 2000
• REPEALED AND REPLACED: March 14, 2007 – filing 2007-90
• REPEALED AND REPLACED: November 10, 2012 – Section 1.A.2., filing 2012-308
• MINOR CORRECTION: March 7, 2018 – page header correction
• AMENDED: August 9, 2020 – filing 2020-176
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 18, 2025
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 350) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 6 Licensing - Complaints and Investigations (formerly 02-385 C.MR. Ch. 370)

Code Me. R. 08-004 Ch. 6 Licensing – Complaints and Investigations {#sec-08-004-ch.-6 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 6}

SUMMARY: This chapter sets forth a licensee’s right to appeal certain board actions. This chapter also describes the complaint, investigation and disciplinary procedures followed by the board.

1. Appeal of License Denial

An applicant or licensee may appeal a license denial to the board by filing a request for hearing with the board within 30 days of the applicant’s or licensee’s receipt of notice of the denial. An adjudicatory hearing will be scheduled upon receipt of a timely appeal. Non-timely appeals will be denied without hearing.

2. Complaints

A. Filing of Complaints

A complaint alleging a violation of the Manufactured Housing Act, the Manufactured Housing Warranties law or the rules of the board may be filed with the board. Complaints may be filed orally, electronically or in writing. The board may require that an oral complaint be reduced to writing. The board may also file a complaint of its own volition.

B. Limit of Board’s Jurisdiction

The board’s jurisdiction over complaints relating to State-certified modular homes extends only to the envelope of the home.

3. Notice to Licensee; Licensee’s Response

Upon receipt of a complaint the board will ordinarily notify the licensee of the complaint in writing. The licensee shall file a written response with the board no later than 20 days after the licensee’s receipt of written notice from the board.

4. Investigation

A. Inspection

Upon receipt of the licensee’s response, or after 20 days have elapsed from the licensee’s receipt of notice and no response has been received, the board will ordinarily assign an inspector or the Executive Director to inspect the unit. Alternatively, board staff may conduct an inspection prior to receipt of the licensee’s response or expiration of the 20-day response period.

B. Dismissal Without Inspection

The board may decline to assign an inspector if the board dismisses the complaint upon consideration of the licensee’s response, or determines that the licensee has satisfactorily remedied the circumstances that led to the filing of the complaint.

5. Inspection Report

A. Notice of Violation and Order of Correction

Following inspection, board staff will ordinarily prepare a written report of the inspection, and shall issue any necessary notice of violation and order of correction. The board will provide copies to the complainant and licensee.

B. Correction of Violations

The licensee shall respond in writing to a notice of violation and order of correction within 30 days after receipt. The licensee shall fully comply with a notice of violation and order of correction within 45 days after receipt, or such shorter time as the Executive Director may require. The Executive Director may extend the time for compliance upon request of the licensee if the Executive Director determines that the licensee is acting in good faith and that compliance within 45 days (or such shorter time period set by the Executive Director) is impractical. Re-inspections may be conducted as necessary to verify that a violation has been fully corrected.

C. Dismissal Upon Receipt of Inspection Report

The board may dismiss the complaint if no violation is found upon inspection, or if the Executive Director determines on the basis of the inspection that the licensee has satisfactorily remedied the circumstances that led to the filing of the complaint.

6 Delegation of Enforcement Authority

Pursuant to 10 MRSA §9005(1), the board hereby delegates to board inspectors and the Executive Director authority to issue notices of violation and orders of correction pursuant to Section 5(A) of this chapter.

7. Appeal of Order of Correction

A licensee may appeal a notice of violation and order of correction by filing a written notice of appeal with the board within 30 days after receipt of the order. The board will schedule an appeal hearing as soon as practicable upon receipt of a timely notice of appeal. The appeal hearing will be conducted de novo and will be governed by the provisions of the Maine Administrative Procedures Act applicable to adjudicatory hearings. The inspector who issued the order on appeal shall have the burden of proof at the appeal hearing. If the board upholds the order of correction, it shall prescribe the time for compliance. The licensee may appeal the board’s decision by filing a petition for review in Superior Court in accordance with 5 MRSA §11001 et seq. within 30 days after receipt of the written decision.

8. Noncompliance With Order of Correction

If a licensee fails to timely respond to or timely comply with an order of correction, the Executive Director may present the complaint to the board for disciplinary action as described in the Administrative Complaint Procedures followed by the Department of Professional and Financial Regulation, Office of Licensing and Registration.

9. Allegation of Class Defects

Notwithstanding the provisions of this chapter, a proceeding by the board alleging that a defect or noncompliance may exist in a class of manufactured homes shall follow the procedure set forth in 24 CFR §3282.407 and Chapter 110, Subpart C, Section III(C) of the board’s rules, entitled “State Certification of Manufactured Housing - Authority.”

History

• STATUTORY AUTHORITY: 10 M.R.S.A. §§9005, 9009, and 9021
• EFFECTIVE DATE: July 17, 1978
• AMENDED: July 6, 1982
• AMENDED: April 1, 1992
• AMENDED: December 1, 1995
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: August 16, 2000
• REPEALED AND REPLACED: March 14, 2007 – filing 2007-92
• REPEALED AND REPLACED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 370) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 7 Licensing - Adoption of Codes and Standards (formerly 02-385 C.MR. Ch. 380)

Code Me. R. 08-004 Ch. 7 Licensing - Adoption of Codes and Standards {#sec-08-004-ch.-7 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 7}

SUMMARY: These rules are drafted under the authority pursuant to 10 M.R.S. §9041 and implement 10 M.R.S. §§ 9021-9022 of the Maine Manufactured Housing Act . This chapter identifies the codes and standards which the Board has adopted for the manufacture and installation of manufactured housing. This chapter requires State-certified manufactured housing to comply with the Board’s radon mitigation preparation standard and expressly provides that radon mitigation is not required in the manufacture or installation of HUD Code and pre-HUD Code homes.

1. ( Repealed October 27, 2008)

2. Manufacturing Standards

A. HUD Code Homes – Manufactured housing as defined in 10 M.R.S. §9002(7)(A) must be manufactured in compliance with Department of Housing and Urban Development, 24 CFR Part 3280, entitled “Manufactured Home Construction and Safety Standards”.

B. Modular Homes – Manufactured housing as defined in 10 M.R.S. §9002(7)(B) must be manufactured in compliance with Chapter 110, of the Board’s rules, entitled “State Certification of Modular Homes”.

3. Radon Mitigation

A. HUD Code and pre-HUD Code Homes – No radon mitigation or radon mitigation preparation is required in the manufacture or installation of manufactured housing as defined in 10 M.R.S. §9002(7)(A) and (C).

B. State Certified Manufactured Housing – State-certified manufactured housing as defined in 10 M.R.S. §9002(7)(B) shall be manufactured in compliance with the radon mitigation preparation standard contained in Chapter 110, Section 10(1)(J) of the Board’s rules.

4. Installation Standards

A. State Certified Manufactured Housing – Manufactured Housing as defined in 10 M.R.S. §9002(7)(B).

State-certified manufactured housing shall be installed in accordance with Chapter 110, of the Board’s rules, entitled “State Certification of Modular Homes”.

B. Manufactured Housing as defined in 10 M.R.S. §9002(7)(A) and (C) shall be installed in accordance with one or more of the following standards:

1. Manufacturer’s installation instructions;

2. Installation methods approved by the Board in Chapter 890 of the Board’s rules, entitled “Manufactured Home Installation Standards”;

3. Installations approved by a registered engineer or architect; and

4. Manufacturer's instruction as approved by the Design Approval Primary Inspection Agency.

5. Availability of 24 CFR Part 3280

Title 24 CFR Part 3280 may be purchased from:

U.S. Government Printing Office

Superintendent of Documents

PO Box 371954

Philadelphia, PA 15250-7954

Telephone: (866) 522-1800

Website: http://www.gpoaccess.gov/cfr/index.html

History

• STATUTORY AUTHORITY: 10 M.R.S. §§ 9005-A, 9042, 9006, and 9064
• EFFECTIVE DATE: July 17, 1978
• AMENDED: July 6, 1982
• AMENDED: May 23, 1990
• AMENDED: April 1, 1992
• AMENDED: December 1, 1995
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: August 16, 2000
• AMENDED: March 14, 2007 – filing 2007-93
• AMENDED: October 27, 2008 – filing 2008-493
• AMENDED: February 5, 2018 – filing 2018-017
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 380) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 8 Home Installation Warranty Seal (formerly 02-385 C.MR. Ch. 381)

Code Me. R. 08-004 Ch. 8 Home Installation Warranty Seal {#sec-08-004-ch.-8 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 8}

Summary: This chapter sets forth responsibilities for the purchase and affixation of State of Maine Installation Warranty Seals in manufactured homes installed in Maine.

1. Purchase and Affixation of Installation Warranty Seal

The installer, mechanic, dealer (when the dealer is responsible for the installation) or manufacturer (when the manufacturer is responsible for the installation), shall purchase and affix a completed State of Maine Installation Warranty Seal to each home installed. The installing licensee shall pay the the fee for each seal set forth in Chapter 10, Section 4(22) of the rules of the Office of Licensing and Registration, entitled “Establishment of License Fees.”

2. Location of Seal

Each manufactured home installed after January 1, 1998 shall have a State of Maine Installation Warranty Seal displayed inside a kitchen cabinet or, in the absence of kitchen cabinets, inside the closet nearest the kitchen area.

3. Requests for Seals; Fees

The licensee that is responsible for the installation shall request the Installation Warranty Seals on forms provided by the board. All requests shall include the total price for the seals ordered.

4. The Installation Warranty Seal shall bear at a minimum the following information:

A. The type of manufactured home installed;

B. Serial number and HUD label number, if applicable;

C. State seal number;

D. Maine sales tax number;

E. Dealer’s name;

F. Installer’s name, address, telephone number, and license number;

G. Date of installation;

H. Name of purchaser;

I. Physical address of the installation site; and

J. Signature of the licensee that is responsible for the installation.

History

• STATUTORY AUTHORITY: 10 M.R.S.A. §§ 1404-A, 8003(2-A)(D), 9005, and 9006-C
• EFFECTIVE DATE: May 23, 1990 (as "Licensing - Notice Of Installation")
• AMENDED: May 23, 1990
• AMENDED: April 1, 1992
• AMENDED: December 1, 1995
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• NON-SUBSTANTIVE CORRECTIONS: November 25, 1997 - minor spelling.
• REPEALED AND REPLACED: August 16, 2000 (as "Home Installation Warranty Seal")
• AMENDED: November 8, 2003 - filing 2003-397
• NON-SUBSTANTIVE CORRECTION: March 3, 2003 - addition of § 8003(2-A)(D) to statutory authority
• REPEALED AND REPLACED: March 14, 2007 – filing 2007-94
• REPEALED AND REPLACED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 381) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 9 State Administrative Agency - Administration and Responsibilities (formerly 02-385 C.MR. Ch. 680)

Code Me. R. 08-004 Ch. 9 State Administrative Agency - Administration and Responsibilities {#sec-08-004-ch.-9 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 9}

SUMMARY: This rule is amended to reflect the administration and procedures to be followed for Federal (HUD) certified manufactured housing units and the State Administrative Agency responsibilities.

1. ADMINISTRATION

The Commissioner of the Department of Professional and Financial Regulation is responsible for administering the State Administrative Agency program. The Commissioner may upon appropriate notice discontinue participation in the Federal enforcement program as a state administrative agency for this state.

2. MAINE STATE ADMINISTRATIVE AGENCY RESPONSIBILITIES

For the purposes in carrying out the state plan for compliance and enforcement of this chapter, the Department adopts the Federal Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq., Part 3280, including amendments as of July 13 and October 25, 1994 and Part 3282 Manufactured Homes Procedural and Enforcement Regulations, including amendments as of April 6, 1979 and June 29, 1982, which are incorporated herein by reference.

History

• STATUTORY AUTHORITY: 10 MRSA Chapter 951 Sub-Chapter V §§9063 and 9064.
• EFFECTIVE DATE FOR PREDECESSOR, CHAPTER 610: July 6, 1982
• EFFECTIVE DATE FOR PREDECESSOR, CHAPTER 610: EFFECTIVE DATE (ELECTRONIC CONVERSION) FOR CHAPTER 610: January 11, 1997
• CHAPTER 610 REPEALED AND REPLACED BY CHAPTER 680: January 19, 1997
• CHAPTER 610 REPEALED AND REPLACED BY CHAPTER 680: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 680) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 10 State Administrative Agency - Monitoring and Other Fees (formerly 02-385 C.MR. Ch. 690)

Code Me. R. 08-004 Ch. 10 State Administrative Agency - Monitoring and Other Fees {#sec-08-004-ch.-10 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 10}

SUMMARY: This rule authorizes the Department to establish a monitoring inspection and other fees in an amount established by HUD and the Board.

TO DEFRAY THE COSTS OF THE BOARD IN ADMINISTERING THE TERMS OF THE COOPERATIVE AGREEMENT WITH HUD IN CARRYING OUT THE STATE PLAN FOR ENFORCEMENT OF THE STANDARDS PURSUANT TO SECTION 623 OF THE ACT, 42 U.S.C. 5422, AND SUBPART G OF THE FEDERAL MANUFACTURED HOMES PROCEDURAL AND ENFORCEMENT REGULATIONS AND THE COST OF ADMINISTERING COMPLAINTS REGARDING HOMES BUILT TO THE FEDERAL STANDARD, THE FOLLOWING FEE STRUCTURE HAS BEEN ESTABLISHED.

1. Label Fees

THERE SHALL BE A FEE PAID BY EACH MANUFACTURER IN THIS STATE FOR EACH SECTION OF A HUD-CODE MANUFACTURED HOME PRODUCED. THE SECRETARY (PURSUANT TO 24 CFR 3282.307 OF THE MANUFACTURED HOMES PROCEDURAL AND ENFORCEMENT REGULATIONS) SHALL ESTABLISH AND COLLECT A MONITORING INSPECTION FEE. THE SECRETARY SHALL DISTRIBUTE THE FEES COLLECTED FROM ALL MANUFACTURERS BASED ON THE NUMBER OF NEW HOMES WHOSE FIRST LOCATION AFTER LEAVING THE MANUFACTURING PLANT IS ON THE PREMISES OF A DISTRIBUTOR, RETAILER, DEALER, OR PURCHASER IN THE STATE OF MAINE.

a) There shall be a fee of $2.50 for each section of a home produced in the State of Maine.

b) There shall be a fee of $9.00 for each section of a new home whose first location after leaving the manufacturing plant produced and has the State of Maine as its destination.

2. Additional Inspection Fees

TO DEFRAY THE COSTS OF THE STATE OF MAINE IN ADMINISTERING THE PROGRAM FOR HOMES THAT HAVE BEEN DESIGNED, CONSTRUCTED AND INSPECTED IN ACCORDANCE WITH THE MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS, A FEE WILL BE ASSESSED. THE ASSESSMENT WILL BE IN THE FORM OF A STATE OF MAINE WARRANTY SEAL.

a) Each home manufactured after July 1, 1992 shall have a STATE OF MAINE WARRANTY CERTIFICATION SEAL displayed on the inside of a kitchen cabinet door.

b) The manufacturer shall request the Warranty Seals on forms provided by the Board. All requests will include the total price of the seals ordered. The manufacturer may delegate the actual attachment of the seals to the home to the retailer.

c) The manufacturer shall report the distribution on forms provided by the Board.

The Seal shall bear at least the following information:

WARRANTY CERTIFICATION

STATE OF MAINE NEW MANUFACTURED HOME WARRANTY

MHB 00000

This SEAL remains the

property of

THE STATE OF MAINE

MANUFACTURED HOUSING BOARD

This seal verifies that pursuant to State of Maine law (10 M.R.S.A. Section 1404) both the home manufacturer and dealer certify to the best of their knowledge that the new home is free from substantial defects in materials and workmanship. This State of Maine Warranty is in addition to any other express warranty provided by the manufacturer or dealer and other warranty created by state or federal law, including the implied warranties of merchantability and fitness for specific purposes (11 M.R.S.A. Section 2-315(5). The manufacturer or dealer shall not require the buyer to waive any of the rights provided by this warranty.

The manufacturer and dealer are jointly and severably liable to the purchaser for the fulfillment of the terms of the warranty. The retailer of this home is required to provide a copy of the State of Maine Manufactured home warranty law. If you have a problem with your home, you should contact your dealer. If the problem is not resolved by the dealer then contact the manufacturer. If for some reason you are still not able to resolve the problem, you can contact the DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION, MANUFACTURED HOUSING BOARD, 35 STATE HOUSE STATION, AUGUSTA, MAINE 04333, telephone (207) 624-8603.

History

• STATUTORY AUTHORITY: 10 M.R.S.A. §§ 8003(2-a)(d) and 9005
• EFFECTIVE DATE: June 3, 1992
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: November 8, 2003 - filing 2003-398
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 690) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 11 Definitions (formerly 02-385 C.MR. Ch. 820)

Code Me. R. 08-004 Ch. 11 Definitions {#sec-08-004-ch.-11 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 11}

Summary: This chapter defines terms used in the rules relating to manufactured housing communities.

1. Definitions

As used in the board’s rules, unless the context otherwise indicates, the following words have the following meanings:

1. Board. “Board” means the Manufactured Housing Board as described in 10 MRS§9003.

2. Central subsurface sewer system. “Central subsurface sewer system” means a system designed to collect sewage from two or more individual sites and convey it to another area where the sewage is disposed of in a manner approved by the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services. A central subsurface sewer system may consist of more than one cluster in different areas of the community.

3. Community. “Community” means a manufactured housing community.

4. Community water system. “Community water system” means any water source and system of pipes or other constructed conveyances, structures and facilities through which water is obtained for or sold, furnished or distributed to community residents for human consumption that is regulated by the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services, pursuant to the Safe Drinking Water Act , 22 MRS§2611, et seq .

5. Home. “Home” means a manufactured home as defined herein.

6. Licensee. “Licensee” means a manufactured housing community regulated by the Board that holds a current license issued by the Board, or a manufactured housing community, together with its owner, that formerly held a license issued by the Board that has expired or been suspended.

7. Manufactured home.­ “Manufactured home” means:

A. A structure constructed prior to June 15, 1976, transportable in one or more sections which is 8 body feet or more in width and is 32 body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein; and

B. A structure constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with the United States Department of Housing and Urban Development (“HUD”) standard, meaning a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 , 42 United States Code §5401, et seq.

C. State-certified modular homes, which are those units that the manufacturer certifies are constructed in compliance with the State’s Manufactured Housing Act and regulations, meaning structures, transportable in one or more sections, that are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein. Such homes may be one story in height with a non-habitable attic space or two habitable stories in height not to exceed 16 feet in width measured at any floor.

8. Manufactured housing community. “Manufactured housing community” means a parcel or adjoining parcels of land under single ownership, which has been planned and improved for the placement of three or more manufactured homes as defined in section 7, where at least 50% of the homes must comply with section 7(A) or (B) of this chapter, but shall not include a construction camp or a campground. “Manufactured housing community” is synonymous with “mobile home park” as defined in 10 MRS §9081(2).

9. Pad. “Pad” means the area that has been prepared for the placement of a manufactured home.

10. Potable water. “Potable water” means water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the authority having jurisdiction.

11. Private Water System. “Private water system” means any system of pipes or other constructed conveyances, structures and facilities owned or controlled by the manufactured housing community through which water is obtained for or sold, furnished or distributed to community residents for human consumption that is not regulated by the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services, pursuant to the Safe Drinking Water Act , 22 MRS §2611, et seq.

12. Proprietor.­ “Proprietor” means any person, corporation, firm, partnership, municipality or other entity that conducts, controls, manages or operates any manufactured housing community.

13. Resident. “Resident” means a resident of a manufactured housing community.

14. Site. “Site” means the land surrounding and including the pad that is occupied by a resident.

History

• STATUTORY AUTHORITY: 10 MRSA §9085
• EFFECTIVE DATE: April 1, 1984
• AMENDED: September 1, 1984
• AMENDED: May 1, 1986
• AMENDED: March 1, 1987
• AMENDED: August 19, 1988
• AMENDED: March 14, 1990
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: March 5, 1997 - Sec. 1(O)
• NON-SUBSTANTIVE CORRECTION: August 6, 1997 - “Rome” corrected to “Home” in Definitions (I).
• REPEALED AND REPLACED: November 8, 2003 - filing 2003-400
• AMENDED: June 22, 2009 – filing 2009-255
• AMENDED: November 10, 2012 – Section 1(5), filing 2012-309
• AMENDED: August 30, 2015 – filing 2015-158
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 820) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 12 Licensure of Manufactured Housing Communities (formerly 02-385 C.MR. Ch. 830)

Code Me. R. 08-004 Ch. 12 Licensure of Manufactured Housing Communities {#sec-08-004-ch.-12 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 12}

Summary: This chapter sets forth initial and renewal licensure requirements of manufactured housing communities.

1. Initial Licensure

1. Overview

An applicant for an initial license to conduct, control, manage or operate a manufactured housing community shall submit an application to the Board on forms prescribed by the Board along with the required fee. An initial license to conduct, control, manage or operate a manufactured housing community expires on the last day of March following issuance.

2. General Information

The application shall contain the following general information:

A. The name, address, email address, and telephone number of an applicant;

B. If the applicant is a partnership, the name, address, email address, and telephone number of all partners;

C. If the applicant is a limited liability partnership, evidence that the partnership is in good standing with the Secretary of State, and the name, address, email address, and telephone number of all partners;

D. If the applicant is a corporation, evidence that the corporation is in good standing with the Secretary of State, and the name, address, email address, and telephone number of all officers and directors;

E. If the applicant is a limited liability company, evidence that the company is in good standing with the Secretary of State, and the name, address, email address, and telephone number of all members and managers;

F. The number of sites in the community;

G. Address or physical location of the community (not the mailing address);

H. The identity and contact information for the community manager;

I. A description of the community's water system and sewage disposal system;

J. If the community has a private water system, the identification number and results of the most recent analysis.

K. Any additional information required by the Board.

3. Planning and Design Documents

The application shall include the following planning and design documents:

A. A copy of the vesting deed, option or other document showing the applicant's right, title or interest in the tract of land proposed for construction and operation of a manufactured housing community;

B. A copy of the vesting deed, option or other document showing the location and legal description of the tract of land proposed for construction and operation of a manufactured housing community; and

C. A site plan prepared by a registered engineer and/or professional land surveyor licensed to practice in the State of Maine, with the required seal affixed to the plan. The scale of the plan shall be no less detailed than 1" = 100', provided that the Board may in its discretion accept a less detailed plan if the less detailed plan allows the Board to determine whether the community meets the requirements of this chapter. The plan shall have a dimension tolerance of no more than 1% (i.e., 1' in 100' or 1° in 100°). The plan shall clearly show the dimensions and area of each site and the total area of the community, road locations and dimensions, sites, well and pump house locations, waste disposal systems, water and sewer lines, streams, culverts, and any additional detail required by the Board. The Board may waive the filing of a site plan as described in this paragraph in whole or in part, depending on the complexity of the application, if other submissions of the applicant demonstrate that the community meets the requirements of this chapter.

4. Drinking Water Approval

The application shall include one of the following relating to drinking water:

A. A letter from a public water utility that it will be supplying drinking water to the manufactured housing community. For the purpose of these rules, a manufactured housing community that sub-meters water to residents shall not be deemed a public water utility;

B. Approval as a community water system by the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services; or

C. A statement from the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services that the Private Water System meets the requirements of the Manufactured Housing Board contained in Chapter 840 of the Board 's rules.

5. Wastewater Disposal

The application shall include one of the following relating to wastewater disposal:

A. An approval letter from a public sewage utility that will be handling the wastewater disposal for the manufactured housing community; or

B. Approval of a subsurface wastewater disposal design for the manufactured housing community by the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services.

2. Renewal Licensure

1. Term

All renewal licenses are issued for a period of one year expiring on the last day of March. The renewal application shall contain such information as is required by the Board.

2. Late Renewal

A license may be renewed up to 90 days after the date of its expiration upon payment of the required late fee in addition to the applicable renewal fee. If any Licensee fails to renew within 90 days of expiration, the Licensee is required to apply for an initial license.

3. Application for Expansion

No community may exceed the Board authorized number of sites without receiving express approval from the Board. An application for expansion shall contain the following information, and must be accompanied by the required fee for the additional sites:

1. The general information described in Section 1(2)(A), (B), (C), (D), (E), (F) and (G) of this chapter;

2. The number of additional sites requested;

3. The information described in Section 1(2)(H), (I), (J), and (K) and Sections 1(3), (4) and (5) of this chapter with respect to the proposed additional sites.

4. Application Denial; Right to Hearing

1. Request for Hearing

A hearing will be held at the written request of any applicant who has been denied a license or whose application for expansion has been denied, provided that a written request is received by the Board within 30 days of the applicant's receipt of written notice of the denial.

2. Denial of License or Application for Expansion

The written denial shall include the reason for the denial and notice of the applicant's right to request a hearing. The notice shall be sent by certified mail, return receipt requested, or other method of delivery of equal or greater reliability.

5. Fees

1. Base License Fees

An application for initial or renewal licensure of a manufactured housing community shall be submitted with the required license fee.

2. Additional Inspection Fees

The fee described in Section 5(1) of this chapter is for the license, an initial licensure inspection and one follow-up inspection. When additional inspections are required to determine an applicant's eligibility for licensure, the Board shall charge an additional fee for each additional inspection required. Failure to pay such charges within 90 days of the billing date shall constitute grounds for disciplinary action against said license, unless an extension for a period not to exceed 90 days is granted by the Board.

3. Expansion Fees

An application for expansion of a manufactured housing community shall be submitted with the required license fee for the proposed additional sites.

4. Change in Ownership, Control, Management and/or Operation

Notwithstanding the provisions of this section, an applicant for a license to conduct, control, manage or operate a manufactured housing community that is licensed to another person or entity must pay the license fee when making application for change in ownership.

6. Licenses Nontransferable

No license issued pursuant to this chapter may be assigned or transferred. On the effective date of any change of conduct, control, management or operation of a manufactured housing community, the new operator or other responsible person shall apply for licensure of a manufactured housing community as set forth in Section 1 of this chapter, except that an application that does not propose to expand the community need only contain the information described in Section 1(2) of this chapter.

A community conducted, controlled, managed or operated in violation of this section shall be deemed to be unlicensed.

7. Existing Communities

Generally

1. Except as set forth in Chapter 850, Section 9 of the Board's rules, any community licensed prior to September 23, 1983 which is not in compliance with the provisions of this chapter shall be deemed acceptable for licensing if, in the judgment of the Board, the community is operated in a safe and sanitary manner. A repair, replacement or installation may perpetuate a non-conformity, but may not exacerbate it.

2. Change in contact information for the Licensee, community manager, or registered agent, shall be furnished to the Board within thirty (30) days of that change.

History

• STATUTORY AUTHORITY: 10 MRSA §9085
• EFFECTIVE DATE: April 1, 1984
• AMENDED: September 1, 1984
• AMENDED: March 2, 1985
• AMENDED: May 1, 1986
• AMENDED: March 1, 1987
• AMENDED: August 19, 1988
• AMENDED: March 14, 1990
• AMENDED: May 18, 1990
• AMENDED: June 3, 1992
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: March 5, 1997 - Sec. 4
• NON-SUBSTANTIVE CORRECTIONS: August 6, 1997 - "drinking" changed to potable in I(8), and "May 1st" changed to "the last day of March" in V(D), both in accordance with March 5, 1997 amendment; spelling and punctuation.
• REPEALED AND REPLACED: November 8, 2003 - filing 2003-401
• AMENDED: August 30, 2015 – filing 2015-159
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 830) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 13 Rules Relating to Drinking Water Systems or Manufactured Housing Communities (formerly 02-385 C.MR. Ch. 840)

Code Me. R. 08-004 Ch. 13 Rules Relating to Drinking Water Systems of Manufactured Housing Communities {#sec-08-004-ch.-13 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 13}

Summary: This chapter outlines the jurisdiction of the Board and the Division of Environmental Health within the Maine Center for Disease Control and Prevention, Department of Health and Human Services, in regulating the drinking water systems of manufactured housing communities. This chapter also sets forth the safe drinking water requirements for manufactured housing communities with Private Water Systems, which are regulated by the Board. These requirements pertain to Private Water System approval, operation, and modification; annual water testing, reporting, and notice to community residents; and enforcement remedies when a community violates these rules. The rules in this chapter are established to protect public health from unsafe Private Water Systems and to require that a community notify the population served of annual water test results.

1. Definitions

1. APA: “APA” means the Maine Administrative Procedure Act .

2. Active Operation: A water system in Active Operation is a system that is currently distributing water to consumers.

3. Board: “Board” means the Manufactured Housing Board as described in 10 MRS §9003.

4. Boil Water Order: “Boil Water Order" means an order issued by the Board to protect the health of persons consuming water from a Private Water System that may be contaminated by pathogenic microorganisms.

5. Community Water System: “Community Water System” means any water source and system of pipes or other constructed conveyances, structures and facilities through which water is obtained for or sold, furnished or distributed to community residents for human consumption, that is regulated by the Division of Environmental Health within the Maine Center for Disease Control and Prevention, Department of Health and Human Services (“Division”), pursuant to the Safe Drinking Water Act , Title 22 MRS §2611 et seq . and its implementing rules.

6. Conditional Operation: “Conditional Operation” means the licensed operation of an existing non-compliant Private Water System, operating subject to conditions as set forth by order of the Board, as described in Section 5.

7. Contaminant: Any physical, chemical, biological, or radiological substance or matter in water.

8. Deficiency: Any defect in a system’s design, operation, maintenance, or administration, as well as any failure or malfunction of any system component, that the Board or Division determines to cause, or has the potential to cause, a violation of the Board’s rules and an unacceptable risk to health, or that could affect the reliable delivery of safe drinking water.

9. Designated Operator: “Designated Operator” is the person(s) designated by the Licensee, owner, operator, or manager to make decisions regarding the daily operational activities of a Private Water System, water treatment facility, and/or distribution system that may directly impact the quality and/or quantity of drinking water. The Designated Operator shall also be responsible for taking water samples, conducting tests, and furnishing test results to the Board, and for notification to all consumers of Board orders and water quality reports and notices. The Designated Operator shall be the point-of-contact for the Board.

10. Division: “Division” means the Division of Environmental Health, or its successor Division, within the Maine Center for Disease Control and Prevention, Department of Health and Human Services.

11. Emergency Order: In order to protect the public health, the Board may, without a prior hearing, issue an Emergency Order requiring the operator or owner of the water system to immediately take such action as is required under the safe drinking water requirements.

12. Engineering Study: An engineering study consists of a technical evaluation by a Maine licensed professional engineer of a water system’s source, treatment, pumping, distribution and/or storage, to identify deficiencies that limit or prohibit a water system’s ability to reliably provide water of acceptable quality and/or quantity. The engineering study must also recommend a course of action to implement improvements as needed.

13. Existing Water System: “Existing Water System” is a Private Water System in Active Operation that supplies water to consumers prior to the effective date of these rules, and shall be subject to these rules.

14. Expanded, Upgraded, or Re-engineered Water System: Any modification that may affect the quality or quantity of water produced, including but not limited to compliance with these rules, correction of violations, expansion, upgrading, or re-engineering of an existing Private Water Systems, including the distribution system.

15. Hearing: An adjudicatory hearing conducted by the Board pursuant to the Administrative Procedure Act .

16. Licensee: “Licensee” means a manufactured housing community regulated by the Board that holds a current license issued by the Board, or a manufactured housing community, together with its owner, that formerly held a license issued by the Board that has expired or been suspended.

17. Maximum Contaminant Level (MCL): The maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a Private Water System.

18. New Private Water System: Any newly constructed well, water source, intake, or other structure or device intended as a supply of water for a Private Water System. All new sources of water intended for use by a Private Water System shall be subject to these rules pertaining to new wells and water sources.

19. Non-Compliant: A Private Water System that is in violation of the provisions of this chapter.

20. Order of Correction: A written complaint and notice of violation of the Board’s rules, issued by the Board.

21. Person: An individual, association, partnership, company, public or private corporation, political subdivision or agency of the State, department, agency or instrumentality of the United States, or any other entity.

22. Potable Water: Water that is satisfactory for drinking, culinary, and domestic purposes and meets the requirements and standards contained in these rules.

23. Private Water System(s): Any manufactured housing community system of well(s), water source(s), pipes, or other constructed conveyances, structures, and facilities through which water is obtained and furnished or distributed to the public for consumer consumption, if such a system serves less than ten (10) licensed sites or service connections per well, and which is not regulated by the Division.

“Private Water System” includes any collection, treatment, storage, or distribution pipes or other constructed conveyances, intakes, structures or facilities under the control of the supplier of water, and used primarily in connection with such a system, and any collection or pretreatment storage facilities not under that control that are used primarily in connection with such a system. This includes multiple independent water wells or sources comprising a Private Water System. Private Water System does not include the portion of service pipe or devices owned and maintained by a homeowner of a private water system.

24. Safe Yield: The methods and standards described in the Manual for Water Well Construction Practices, 2^nd Edition, 1998 (published by the National Ground Water Association), shall be used for the proper development and determination of safe yield for all proposed wells. All water quality samples shall be collected after proper well development and disinfection, and at the conclusion of continuous pumping of the well for a sufficient period of time so that a minimum of three well bore volumes have been removed.

25. Sample; Water Sample: An amount of untreated (raw) source water or finished (treated) drinking water that is examined for the presence of a contaminant.

26. Violation: Noncompliance with the Board’s drinking water rules, regardless of whether that noncompliance is intentional, negligent, or otherwise.

2. Water Systems Distinguished; Jurisdiction

1. Community Water System

A community with a Community Water System, as defined in Section 1, must meet the drinking water standards of the Safe Drinking Water Act , 22 MRS §2611 et seq . and its implementing rules set forth and administered by the Division of Environmental Health within the Maine Center for Disease Control and Prevention, Department of Health and Human Services (“Division”). The Board does not regulate Community Water Systems.

2. Private Water System

A community with a Private Water System, as defined in Section 1, must meet the drinking water standards set forth and administered by the Board in this Chapter.

In order to install and operate a new Private Water System, or to expand, upgrade, or re-engineer an existing Private Water System, a community must obtain system approval from the Board, with the Division acting as a technical advisor, prior to installation, modification, operation, and use, as set forth in Section 4 of this chapter.

3. Private Water System Requirements, Generally

1. Potable Water

Annual Water Testing. A community must comply with the annual water testing requirements contained in this chapter for each well or water source. The Board shall audit communities for compliance with this obligation periodically. The Board may also specify conditions relating to testing and the frequency of testing when warranted by circumstances particular to a specific community water system.

NOTE: A community in which all water is supplied by a public water utility is exempt from routine water testing requirements. However, the Board will require testing at one or more homes in such a community in the event of concerns about the adequacy and potability of the water delivered to the homes.

2. Plumbing

A. Generally. A community must comply at all times with the current adopted edition of the Uniform Plumbing Code .

B. Minimum Static Pressure. The water supply system shall be designed and maintained to provide a minimum static pressure of 20 lbs. per sq. in. (138 kPa) from the service coming out of the ground at each site.

C. Pressure Regulator. Where static water pressure exceeds 80 psi (552kPa), a pressure regulator shall be installed and the pressure reduced to 80 psi-at the location of the water source.

4. Approval of New Private Water Systems or Expansions, Upgrades, or Re-Engineering of Existing Private Water Systems

1. Overview

Although Private Water Systems are regulated by the Board, the Division acts as a technical advisor to the Board on water system matters. Applications for preliminary and final approval of new Private Water Systems or for expansions, upgrades, or re-engineering of existing Private Water Systems, shall be submitted to the Division. After review, the Division provides a recommendation to the Board as to whether or not the Board should approve the system. In order for a system to be completed and operational, the Board shall provide express, written approval.

2. Approval Process

A. Preliminary Approval

No new Private Water System or expansion, upgrade, or re-engineering of an existing Private Water System shall be installed prior to preliminary approval being granted in writing by the Board.

(1) The Licensee shall submit to the Division a completed preliminary approval form for each proposed new system, or expansion, upgrade, or re-engineering of an existing system, along with required documentation. The preliminary approval form is available from either the Division or the Board.

Required documentation shall include but is not limited to the following: location map; estimated quantity of water required from each well in gallons per minute or gallons per day; and a site plan showing all potential sources of contamination within 300 feet of the well.

(2) The Division shall review the preliminary approval form to determine the adequacy of the system to provide safe and healthy drinking water to the public, and shall make recommendations on approval to the Board. Preliminary approval of a system must be granted by the Board in writing and may be based upon the recommendation of the Division.

(3) Except as permitted by subparagraph (4), new wells shall be located at least 300 feet away from potential contamination sources.

(4) If circumstances exist requiring a proposed well location to be placed closer than 300 feet from a potential contamination source, the Division may recommend a waiver to the requirement on a case-by-case basis, subject to approval by the Board. The Division must be provided with information from an appropriate qualified professional sufficient to make a determination on all waiver requests. In recommending a waiver, the Division may advise the Board to place conditions on the waiver, including but not limited to, increased water quality monitoring.

(5) The Division may recommend treatment for all new wells if a contaminant is present in sufficient quantity to constitute a public health concern in the future, even if the contaminant level does not exceed the current maximum contaminant level.

(6) The Division may recommend that the Board deny a proposed well location after determining that a proposed well location is not safe from threat of contamination even with increased monitoring for those contaminants.

(7) The Licensee shall determine a safe yield for all proposed wells. The pump test shall terminate when the safe yield of the well can be reasonably estimated. All water quality samples shall be collected at the conclusion of the pump test.

(8) If the Division determines that additional information is necessary to evaluate the adequacy of a proposed water system to provide a safe and healthy supply of water to the public, or to otherwise protect public, the Division may recommend that the Board require an Engineering Study to be prepared by a Maine licensed professional engineer evaluating the proposed water system.

An Engineering Study may include: a description of the site geology and any sources of contamination in the area; a map of the area showing all wells installed and any potential sources of contamination in the area; drilling logs for each well installed; pump test drawdown data if available; recommendations for wellhead protection area delineations; and all required water quality analysis results. An Engineering Study, if required by the Board, shall be submitted to the Division for review with the request for Final Approval, as outlined in Paragraph B of this subsection.

B. Final Approval

No water may be distributed from a new Private Water System or expansion, upgrade, or re-engineering of an existing Private Water System prior to final approval being granted in writing by the Board.

(1) The Licensee shall submit to the Division a completed final approval form, along with all water quality analysis results required by this chapter, for review and approval recommendation. The final approval form is available from either the Division or the Board.

(2) In order for the Board to grant final approval, all required water quality analyses must be completed, and the Board must determine that the well is in compliance with all applicable Board rules. Final approval of a system must be granted by the Board in writing and may be based upon the recommendation of the Division.

(3) The Board may require additional treatment, testing or other recommendations that the Division deems necessary for the protection of the public health.

(4) New system approval samples must be “raw” water – prior to any treatment or storage.

(5) The Board may require ongoing routine monitoring for some organic chemicals and/or radionuclides if contaminants above the maximum contaminant levels exist in the raw water.

C. Conditional Approval; Existing Systems

The Board may grant conditional approval of an expansion, upgrade, or re-engineering of an existing Non-Compliant Private Water System, pending compliance, as outlined in Section 5 of this chapter.

5. Conditional Operation of an Existing Non-Compliant Private Water System

1. Order of Conditional Operation. The Board, upon request or upon its own initiative, may provide additional time for a Licensee to bring an existing Non-Compliant Private Water System into compliance when correcting a violation, deficiency, or water quality issue. The additional time may be granted by an Order of Conditional Operation, provided the following criteria are met:

A. A detailed plan for water system quality compliance, including remedial measures to be taken, a specific schedule for completion, and identification of a Designated Operator, is approved by the Board;

B. The health and safety of the water consumers are not jeopardized;

C. All consumers are provided with potable water at all times, at the expense of the Licensee;

D. When required, adequate notification concerning the water quality of the water system is provided to the consumers during the additional time period; and

E. Any other measures deemed appropriate and necessary by the Board and by the Division.

6. Drinking Water Standards for Existing Private Water Systems in Active Operation that are not Expanding, Upgrading, or Being Re-engineered

1. Testing of each water system shall be performed annually, and the testing requirements rotate on a three-year cycle, as follows:

A. Required Testing for the First Year of Each Cycle

Microorganisms:

Total Coliform

Nitrate

Nitrite

B. Required Testing for the Second Year of Each Cycle

Inorganic Chemicals:

Arsenic

Barium

Cadmium

Chromium (Total)

Copper

Fluoride

Lead

Nitrates (Measured as Nitrogen)

Nitrites (Measured as Nitrogen)

Selenium

Total Coliform

C. Required Testing for the Third Year of Each Cycle

Microorganisms:

Total Coliform

Nitrate

Nitrite

Organic Chemicals:

Benzene

Carbon tetrachloride

Chlorobenzene

o-Dibromo-3-chloropropane

o-Dichlorobenzene

p-Dichlorobenzene

1,2-Dichloroethane

1,1-Dichloroethylne

cis-1,2-Dichloroethylene

trans-1,2-Dichloroethylene

Dichloromethane

1,2-Dichloropropane

Ethylbenzene

Styrene

Tetrachloroethylene

Toluene

1,2,4-Trichlorobenzene

1,1,1-Trichloroethane

1,1,2-Trichloroethane

Trichloroethylene

Vinyl chloride

Xylenes (total)

2. Untreated water samples shall be analyzed by a certified laboratory after a prolonged pump test.

3. The Board may require additional water quality testing if there is reason to believe a contaminant may be or is present in the drinking water that would pose a risk to public health.

4. Water systems with quality exceeding the maximum contaminant levels shall be required to come into compliance through the installation of treatment, blending with another source, or abandonment of the water source. The community may also address the contamination issue through the removal of the source of the contaminant and by demonstrating that the water quality is at or below the maximum contaminant level.

7. Designated Private Water System Operators

Private Water Systems are not required to employ licensed operators. However, all Private Water Systems shall designate a person responsible for the system operation. Such Designated Operators, who may be an owner, manager, employee, independent contractor, etc ., are responsible for proper record-keeping and reporting, sample collection, and consumer notice, etc ., as stated in these rules, and shall be registered with the Board as the primary point-of-contact. Change of address, phone number, email address, etc ., and change in Designated Operator shall be conveyed to the Board within thirty (30) days of that change.

8. Reporting Requirements

1. Water Test Results. Licensees shall notify the Board of any unsatisfactory water results within three (3) business days of the Licensee’s or Designated Operator’s receipt of the test results.

2. Failure to Comply. All Private Water Systems must report to the Board any failure to comply with the rules within three (3) business days, including the failure to test, monitor, or report water analyses, or to correct non-compliance with these rules.

3. Change in Ownership. All current owners, Licensees, or Designated Operators of

Private Water Systems must notify the Board of a change in ownership thirty (30) days prior to the transfer.

4. Consumer Complaint. The Board shall notify the Designated Operator and the owner or Licensee of any consumer complaint(s).

9. Record Maintenance

The owner, Designated Operator, or Licensee shall retain on the premises, or at a convenient location near the premises, the records of a private water system, as indicated below. Such records shall be made available to the Board upon request.

1. Water Analyses

A. Records of water test results and the Annual Water Safety Report made pursuant to these regulations shall be kept for not less than six (6) years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:

(1) Name, address, and contact information of the community and the Designated Operator of the Private Water System;

(2) The date, place, and time of sampling, and the name of the person who collected each sample. In the event of multiple wells, all wells shall be properly identified in the test results;

(3) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw process water sample, or other special purpose sample;

(4) Date and time that the lab received the sample;

(5) Date and time of analysis;

(6) Laboratory and person responsible for performing the analysis;

(7) The analytical technique/method used;

(8) Minimum Detection Limits (MDL); and

(9) The results of the analysis with, where appropriate, the units of measurement.

B. Format. Analyses must be submitted to the Board in a format approved by the Board, which may include hard-copy or electronic forms.

C. Records of Compliance. Records of action taken by the operator of the water system to correct violations of drinking water rules shall be kept for a period of not less than six (6) years after the last action was taken with respect to the particular violation involved, and shall be made available to consumers and the Board upon request.

10. Communication and Notice to Consumers

1. Communication with Private Water Systems. In the event that the Board is unable to contact the Designated Operator, Licensee, owner, or manager of a community when Private Water System test results required under an audit or otherwise are not furnished or are unavailable, the Board may at its option:

A. Conduct or cause water system testing and post the test results by notice to consumers, or

B. Post notice that required test results for the system are not available and that consumers should not assume consumption of the water is safe, and

C. Order the operator or owner of the water system to provide continuous potable water via tanker or other means for drinking, cooking, and sanitation purposes at the Licensee’s expense.

11. Engineering Study for Existing Private Water Systems with Violations or Deficiencies

1. The Board is authorized to order the operator or owner of an Existing Water System to conduct an Engineering Study to identify deficiencies or violations of these rules and to make recommendations to the Board.

2. An engineering study consists of a technical evaluation by a Maine licensed professional engineer of a water system’s source, treatment, pumping, distribution and/or storage, to identify deficiencies that limit or prohibit a water system’s ability to reliably provide water of acceptable quality and/or quantity. The engineering study also recommends a course of action to implement improvements as needed.

3. The Board is authorized to order that any or all of the recommendations in the Engineering Study be carried out. At the written request of the Licensee or Designated Operator, a public hearing shall be held on any Board order within thirty (30) days of receipt of such request.

12. Imminent Hazard to Public Health – Emergency Order

1. Determination of Imminent Hazard. An imminent hazard may be considered to exist when there is a violation of the Board’s drinking water regulations, and shall be considered to exist when, in the judgment of the Board or the Division, a condition exists in a Private Water System or water supply that will result in a serious risk to public health.

2. Elimination of Imminent Hazard. In order to protect the public health, the Board may, without a prior hearing, issue an Emergency Order requiring the Licensee to take immediate action as may be required under the circumstances. Actions required under the Emergency Order may include, but are not limited to:

A. The prohibition of transportation, sale, distribution, or supplying of water;

B. The furnishing of potable water at the Licensee’s expense;

C. The repair, installation, or operation of treatment equipment or methods;

D. The notification to all potential users of the system of the nature, extent, and possible health effects of the imminent hazard and precautions to be taken by users; and

E. The testing, sampling, or other analytical operations required to determine the nature, extent, duration, or termination of the imminent hazard.

Acopy of the Emergency Order shall be served upon a Designated Operator, Licensee, owner, manager, employee or agent for service, in the same manner as service of notice of the commencement of a civil action in Superior Court.

An Emergency Order issued by the Board shall be effective immediately and shall be binding for no more than 90 days unless sooner revoked by the Board at its discretion or at a public hearing, or unless modified or rescinded by a Superior Court. At the written request of the Licensee or Designated Operator, a public hearing shall be held on the Emergency Order within thirty (30) days of receipt of such request.

13. Imminent Hazard to Public Health – Boil Water Order

1. Boil Water Order. A Boil Water Order shall immediately require the supplier of water to complete consumer notification of the threat to public health.

2. A Boil Water Order may be issued when, in the judgment of the Board, a threat to the public health may exist from the presence of pathogenic microorganisms in a Private Water System. A Boil Water Order may be issued without a prior public hearing and served on the supplier of water, Designated Operator, owner, Licensee, manager, or employee, by personal service, in person, certified mail, or by any other method if such service is accepted. At the written request of a Licensee or Designated Operator, a public hearing must be held on the Boil Water Order within thirty (30) days of the receipt of the request.

3. The Board is authorized to issue Boil Water Orders to any Licensee to comply with the requirements of these regulations, and is further authorized to petition the courts to compel compliance with such orders.

4. Upon receipt of information that there is an imminent endangerment to public health due to the actual or threatened existence of biological contaminants in a Private Water Supply, as indicated by the presence of pathogenic microorganisms or the presence of indicator organisms that indicates the potential presence of pathogenic microorganisms, or when, in the judgment of the Board, such a condition exists or is likely to exist in a Private Water Supply and will result in a serious risk to public health, the Board shall initiate Boil Water Order procedures. Upon determination by the Board that conditions exist that would warrant the issuance of a Boil Water Order, the Designated Operator of the Private Water System will be immediately notified of the determination. Upon notification by the Board of the Boil Water Order, the Designated Operator of the Private Water System must immediately implement the requirements of the Boil Water Order system-wide, or as otherwise directed by the Board, until such time as the Board makes the determination that the Boil Water Order may be lifted.

A. Boil Water Order Procedures

(1) The Board will provide the Boil Water Order to the Licensee and Designated Operator, owner, manager, or other responsible individual by telephone, electronic/digital notification, facsimile, or in person, or by any other means for immediate distribution to consumers.

(2) If the Board is unable to contact an appropriate person, then the Board’s staff may distribute notice and the Boil Water Order to consumers within 24 hours of the Board’s issuance of a Boil Water Order.

(3) The Board will follow up by sending the Boil Water Order and other requirements in writing, via first class and certified mail, to the Designated Operator and the Licensee, or other appropriate representative of the water system.

(4) Nothing in these Boil Water Order procedures absolves the supplier of water of the obligation to provide appropriate public notification to their consumers or from compliance with these rules.

B. When a Boil Water Order is issued by the Board, the Designated Operator, the Licensee, or other appropriate representative of the water system shall appropriately notify consumers immediately, no later than twenty-four (24) hours from its issuance.

C. Notification of the Boil Water Order may be accomplished by publishing it in a daily newspaper of general circulation in the area the water system serves; by announcing it on local radio; by announcing it on television; by posting it in conspicuous places (i.e. employee and community bulletin boards, bathrooms, entrance doors of an establishment, and other appropriate places); by hand-delivering it to each consumer; or by other methods approved by the Board. The Board may require any combination of the above forms of notification that it deems necessary to sufficiently inform all consumers of water of the Boil Water Order.

D. The following language shall be included in all Boil Water Order notices distributed by the system:

Due to the possibility of unsafe water, Private Water System users are directed to Boil All Water for at least one minute at a rolling boil before drinking, making ice cubes, washing foods, brushing teeth, or engaging in any other activity involving the consumption of water. The Order shall remain in effect until further notice.

Questions regarding this notice may be directed to the operator of the private water system at:

(Please provide the following information)

Name of Contact Person

Name of Community

Telephone #

or to the State of Maine Manufactured Housing Board at (207) 624-8612.

E. The Board may lift the Boil Water Order if it determines that the imminent endangerment to public health has been remedied. Prior to lifting the Boil Water Order, the Board will require the water system to take the appropriate number of water samples.

F. All samples must test negative for E. Coli and Total Coliform in order for the Board to lift the Boil Water Order.

14. Water Safety Report

The Designated Operator and the Licensee, owner, manager, or other responsible individual of the Private Water System shall annually test, certify, and distribute to all consumers a notification that outlines the water quality with regard to test results of primary contaminants. The form of notice to be used is attached as “Appendix A.”

15. Advisory Ruling

1. Advisory Rulings are authorized pursuant to 5 MRS §9001.

A. Upon written request, the Board may render an advisory ruling with respect to the interpretation and/or applicability of a rule or procedure administered by the Board.

B. A request for an advisory ruling must be addressed to the Executive Director of the Board.

C. The Board may refuse to issue an advisory ruling if it may harm its interests in any litigation to which it is or may become a party.

D. An advisory ruling must be in writing and issued no more than 60 days from the date when the Board has received all information necessary for the ruling.

E. An oral opinion is not an advisory ruling.

F. An advisory ruling by the Board is not binding upon the Board in any manner. In any subsequent enforcement action initiated by the Board, any person’s justifiable reliance upon the ruling shall be considered in mitigation of any penalty sought to be addressed.

16. Operation, Maintenance and Disinfection

1. Covered Reservoirs. All finished water reservoirs shall be covered, and the vents to the reservoirs shall be adequately screened.

2. Flushing. No spring basin, collecting basin, well, infiltration gallery, water main, pump, standpipe, or reservoir shall be placed in service following cleaning or repairs until it has been properly disinfected.

3. Disinfection. When any water system fails to meet the proper coliform level, the Board may designate the disinfectant residual or application rate to be maintained by the system. Ground water supplies may be required by the Board to be disinfected. All treatment techniques shall be approved by the Board in consultation with the Division.

17. Administrative Enforcement

1. Pursuant to Title 10 MRS §8003, et seq ., the Board may investigate (including the taking and testing of water samples), prosecute, and impose sanctions or remedies for any noncompliance with the Board laws and rules to provide safe drinking water. The purpose for requiring compliance and sanctions is to enable the Board to establish an effective enforcement program to meet the requirements of these rules. In seeking and imposing compliance and enforcement actions, the Board may pursue any combination of administrative and judicial remedies depending upon the circumstances and gravity of each case, provided that the Board follows the procedures established by these rules.

2. The Board may deny, terminate, or refuse to renew a license for the operation of a Manufactured Housing Community, or impose operating restrictions or other conditions and disciplinary sanctions authorized by Title 10 MRS §8003(5-A) for any violation(s) of these rules.

18. Hearing

Appeal of Board Decision and Order and Request for Adjudicatory Hearing. Adjudicatory Hearings shall be conducted by the Board in accordance with the Administrative Procedure Act at 5 MRS §9051, et seq . A request for a hearing shall be made in writing and directed to the Executive Director of the Board.

19. Judicial Review

The Board’s decision and order after appeal shall be deemed a final agency action and shall be binding on all parties. Any party aggrieved by the decision has a right to judicial review pursuant to Title 5 MRS §10001.

History

• STATUTORY AUTHORITY: 10 MRS §§ 9005-A, 9084, 9085
• EFFECTIVE DATE: August 30, 2015 – filing 2015-160
• EFFECTIVE DATE: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 840) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.
• EFFECTIVE DATE: Appendix A to Chapter 13
• EFFECTIVE DATE: Water Safety Report
• EFFECTIVE DATE: Name of Community: ___________________­­­­­
• EFFECTIVE DATE: License #: ___________________________________________________________________________
• EFFECTIVE DATE: Address: ____________________________________________________________________________
• EFFECTIVE DATE: Telephone #:_____________________________ Fax #:____________________________________
• EFFECTIVE DATE: Email: ______________________________________________________________________________
• EFFECTIVE DATE: Report Covering Calendar Year: Jan. 1 - Dec. 31, ______________________
• EFFECTIVE DATE: Annual Water Test Results:
• EFFECTIVE DATE: ____Water is Satisfactory for Consumption
• EFFECTIVE DATE: ____Water is not satisfactory for consumption
• EFFECTIVE DATE: (SEE ATTACHED WATER TEST FOR EXACT DETAILS)
• EFFECTIVE DATE: Annual Water Test Results for Existing Private Water Systems in Active Operation should not exceed the following levels:
• EFFECTIVE DATE: A. Microorganisms MCL
• EFFECTIVE DATE: Total Coliform Zero (absent)
• EFFECTIVE DATE: Nitrates 10 mg/L
• EFFECTIVE DATE: Nitrites 1 mg/L
• EFFECTIVE DATE: B. Inorganic Chemicals MCL Inorganic Chemicals MCL
• EFFECTIVE DATE: Fluoride 2.0 mg/L Arsenic 0.010 mg/L
• EFFECTIVE DATE: Lead 0.015 mg/L Barium 2.0 mg/L
• EFFECTIVE DATE: Nitrates 10 mg/L Cadmium 0.005 mg/L
• EFFECTIVE DATE: Nitrites 1 mg/L Chromium (Total) 0.1 mg/L
• EFFECTIVE DATE: Copper 1.3 mg/L Selenium 0.05 mg/L
• EFFECTIVE DATE: C. Organic Chemicals MCL Organic Chemicals MCL
• EFFECTIVE DATE: Benzene 0.006 mg/L Carbon Tetrachloride 0.005mg/L
• EFFECTIVE DATE: Chlorobenzene 0.1 mg/L o-Dibromo-3-chloropropane 0.01 mg/L
• EFFECTIVE DATE: o-Dichlorobenzene 0.6 mg/L p-Dichlorobenzene 0.6 mg/L
• EFFECTIVE DATE: 1,2-Dichloroethane 0.005 mg/L 1,1-Dichloroethylene 0.007 mg/L
• EFFECTIVE DATE: cis-1,2-Dichloroethylene 0.07 mg/L trans-1,2-Dichloroethylene 0.1 mg/L
• EFFECTIVE DATE: Dichloromethane 0.005 mg/L 1,2-Dichloropropane 0.005 mg/L
• EFFECTIVE DATE: Ehtylbenzene 0.7 mg/L Styrene 0.1 mg/L
• EFFECTIVE DATE: Tetrachloroethylene 0.005 mg/L Toluene 1 mg/L
• EFFECTIVE DATE: 1,2,4-Trichlorobenzene 0.07 mg/L 1,1,1-Trichloroethane 0.2 mg/L
• EFFECTIVE DATE: 1,1,2-Trichloroethane 0.005 mg/L Trichoroethylene 0.005 mg/L
• EFFECTIVE DATE: Vinyl chloride 0.002 mg/L Xylenes (total) 10 mg/L
• EFFECTIVE DATE: Certification:
• EFFECTIVE DATE: I hereby certify and attest that I have distributed copies of this Water Safety Report to all users of my private water system. I further certify that the information contained in this annual Water Safety Report is correct and consistent with compliance monitoring data. Any intentional deception or misinformation represented in this report may be cited as a violation of the Drinking Water Rules for Private Water Systems.
• EFFECTIVE DATE: Signed:_________________________________ Date:______________

Chapter 14 Community Licensing - Standards (formerly 02-385 C.MR. Ch. 850)

Code Me. R. 08-004 Ch. 14 Community Licensing - Standards {#sec-08-004-ch.-14 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 14}

Summary: This chapter establishes licensing standards relating to minimum lot size, potable water, plumbing, fuel supplies, electrical connections, life and fire safety, streets, and nuisances.

1. Minimum Lot Size

Unless grandfathered pursuant to Section 10 of this chapter.

1. Public Sewage Utility

Each site that is served by a public sewage utility shall contain a minimum of 5,000 square feet, exclusive of roads.

2. Central Subsurface Sewer System

Each site that is served by a central subsurface sewer system shall contain a minimum of 5,000 square feet, exclusive of roads, provided that the entire community contains at least 20,000 square feet for each site in the community, inclusive of roads. The 20,000 square foot minimum authorized by this subsection may be increased by the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services, if necessitated by soil conditions, pursuant to Chapter 241 of the Rules of the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services entitled "Maine Subsurface Wastewater Disposal Rules."

3. Individual Sewage Systems

Each site that is not served by a central subsurface sewer system or a public sewage utility shall contain a minimum of 20,000 square feet, inclusive of roads.

2. Potable Water

Water Supply

A manufactured housing community must have an adequate supply of potable water at all times. In the event of contamination or system failure, the community shall immediately procure an emergency supply of potable water via tanker or other means for drinking, cooking and sanitation purposes at its own expense.

3. Plumbing

Generally

A community shall comply at all times with Chapter 241 of the Rules of the Division of Environmental Health within the Center of Disease Control and Prevention, Department of Health and Human Services entitled "Maine Subsurface Wastewater Disposal Rules."

4. Fuel Supplies

1. Outside Oil Supply Tanks

The provisions of this subsection, "Outside Oil Supply Tanks," apply to new installations and replacement installations made on or after the effective date of this chapter.

A. Oil supply tanks shall not be installed on wood or other combustible surfaces or supports.

B. Outside oil supply tanks of 350 gallons or less shall be supported in accordance with Section 4(1)(C) or (D) of this chapter. Tanks larger than 350 gallons shall comply with all rules of the Maine Fuel Board.

C. A horizontal oil supply tank shall be mounted on steel pipe legs, not exceeding 12 inches in height with floor flanges at the base of the steel legs, supported by four 4 x 8 x 16 inch solid cement blocks, or a one piece minimum 3 inches thick reinforced concrete pad not smaller than the tank dimensions. The four blocks or the concrete pad shall rest on a firm subgrade consisting of a bed of compacted, well-draining gravel (6 inch minimum), crushed stone (6 inch minimum), or some other subgrade approved by the Board. There must be a minimum of 4 inches of clearance under the tank from any surface. See Figure 12(a) below.

D. An upright or vertical oil supply tank shall be mounted on steel pipe legs not exceeding 12 inches in height, with floor flanges at the base of the steel leg, and supported by a minimum 3 inches thick reinforced concrete pad. The reinforced concrete pad's width and length shall not be smaller than the tank dimensions. The concrete pad shall be of one piece construction. The concrete pad shall rest on a bed of compacted, well- draining gravel (6 inches minimum), crushed stone (6 inches minimum), or some other subgrade approved by the Board. There must be a minimum of 4 inches of clearance under the tank from any surface. See Figure 12(b) below.

E. An outside oil supply tank servicing a manufactured home as defined in Chapter 820, Section 1(7)(B) of the Board 's rules may only be installed by a licensee of the Maine Fuel Board, including a manufactured housing mechanic or dealer who holds a limited license from the Maine Fuel Board to install outside oil tanks at manufactured housing pursuant to 10 M.R.S. §2401.

F. Outside tanks and piping must be located such that they are not subject to falling snow or ice. To meet this requirement, the tank and outdoor piping must be installed with a protective cover over the tank valve, oil filter and other piping without structural support or not attached to the side of the building.

G. All oil supply lines shall be protected from physical damage or corrosion.

2. Supply Connections/Oil Shut-off Valves

A. A listed lever or wheel, thermally operated oil shut-off valve designed to shut off the oil supply in case of fire, shall be installed at the burner, at the supply tank, and where the oil supply line enters (inside) the building when outside tanks are used.

B. Whenever the oil supply is taken from the top of an oil tank, whether the oil tank is outside or inside, a thermally operated wheel or lever type shut-off valve shall be installed at the tank and at the burner for control of the fuel. A check valve may be used in the supply line, but no valve or obstruction shall be placed in a return line connected to a burner or pump. A thermally operated valve is required on supply lines from outside tanks at the entrance inside the building and shall be located just inside of the structure wall.

3. Storage of Liquefied Petroleum Gas (Propane) Cylinders

A. Cylinders having water capacities greater than 2.7 lb. (1.2 kg) and connected for use shall stand on a firm and substantially level surface. If necessary, they shall be secured in an upright position. Department of Transportation cylinders in permanent installations must rest on noncombustible materials.

B. Cylinders not in use shall be removed from the community. The provisions of this paragraph are applicable to cylinders of 1000 lb (454 kg) water capacity, or less, that are not connected for use, whether filled, partially filled, or empty (if they have been in LP-Gas service).

5. Electrical

A community shall comply at all times with NFPA 70, 2014 National Electrical Code , as adopted for Maine in Chapter 120 of the rules of the Electricians' Examining Board.

[ Note: A list of code provisions commonly violated is attached to this chapter as Appendix A. This is not a substitute for the entire National Electrical Code .]

6. Life and Fire Safety

1. Identification

Each home in a community shall be clearly marked for identification in a uniform manner that is clearly visible from the street serving the site.

2. Fire Prevention

All areas and individual sites within a community shall be maintained so as to be free of debris that could contribute to the spread of fire within the site or community.

3. Firebreaks

No portion of a manufactured home, excluding the hitch, shall be located closer than 10 feet (3 meters) side to side, 8 feet (2.4 meters) end to side, or 6 feet (1.8 meters) end to end horizontally from any other manufactured home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a 1 hour fire-resistance rating or the structures are separated by a 1 hour fire-rated barrier.

7. Streets

1. Construction Standards

Community streets shall meet the Street Construction Standard for Manufactured Housing Communities contained in Appendix B to this chapter.

2. Setback

No manufactured home or any part thereof shall be installed within 5 feet of any traveled way.

3. Access by Emergency Vehicles and Essential Services

All streets within a community shall be constructed and maintained so as to afford adequate access by emergency vehicles and essential services.

4. Drainage

All streets within a community shall be constructed and maintained so as to provide adequate drainage from and adjacent to the roadway.

8. Pads

1. Grade

Grades shall slope away from all pads to adequate outfall. There shall be no standing water on the surface underneath a home.

2. General Construction

Pads shall be constructed so that homes which are installed in accordance with the Board's Manufactured Housing Installation Standards shall maintain plumbing trap seals, experience no buildup of solid waste in drain piping, and maintain egress doors and egress windows.

9. Nuisances

No community shall cause, tolerate or permit any of the following hazards or conditions within the community:

1. Storage of trash in other than designated areas;

2. Storage of trash in inadequate, insecure or overflowing containers;

3. Unsecured vacant homes;

4. Missing or insecure manhole or septic system covers;

5. Trees that have been certified as hazardous by a licensed arborist;

6. An abandoned or discarded chest, closet, piece of furniture, refrigerator, freezer or other article having a compartment capacity of 11/2 cubic feet or more;

7. Any activity, structure, object or land use prosecutable as a public nuisance pursuant to 17 M.R.S. §2802 as it relates to manufactured housing communities; and

8. Any dangerous, unsanitary or unhealthful condition that threatens the safety or welfare of the community.

10. Grandfathered Exceptions

Any site licensed prior to September 23, 1983 that is not in compliance with the provisions of this chapter listed below shall be deemed acceptable if, in the judgment of the Board, the community is operated in a safe and sanitary manner. A repair, replacement or installation may perpetuate a nonconformity, but may not exacerbate it.

• Section 1 (Minimum Lot Size)

• Section 6(3) (Life and Fire Safety; Firebreaks)

• Section 7(1) (Streets; Construction Standards)

• Section 7(2) (Streets; Setback)

History

• STATUTORY AUTHORITY: 10 M.R.S.A. §9085
• EFFECTIVE DATE: April 1, 1984
• AMENDED: August 25, 1984
• AMENDED: April 28, 1986
• AMENDED: February 23, 1987
• AMENDED: August 17, 1988
• AMENDED: March 14, 1990
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: March 5, 1997 - Sec. I (A)
• AMENDED: March 5, 1997 - Appendix. A & B
• NON-SUBSTANTIVE CORRECTIONS: August 6, 1997 -
• NON-SUBSTANTIVE CORRECTIONS: "nitrite" inserted in Appendix A(II)(1), and "Speed" inserted in Appendix B
• NON-SUBSTANTIVE CORRECTIONS: Intersections (B), both in accordance with the March 5, 1997 amendment;
• NON-SUBSTANTIVE CORRECTIONS: minor spelling and punctuation.
• REPEALED AND REPLACED: November 8, 2003 - filing 2003-403
• NON-SUBSTANTIVE CORRECTIONS: March 3, 2004 - renumbering in Appendix C (page 15)
• AMENDED: August 30, 2015 – filing 2015-161
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 18, 2025
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 850) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.
• AMENDED: Appendix A to Chapter 14
• AMENDED: COMMONLY-VIOLATED PROVISIONS
• AMENDED: OF THE NATIONAL ELECTRICAL CODE(®)
• AMENDED: (code provisions not reproduced verbatim)
• AMENDED: 1. Minimum depth for direct-buried service or feeder cable [Table 300.5]
• AMENDED: 24" under park roads
• AMENDED: 18" from the service equipment location to the home served (applies when service equipment is within 30' of the exterior wall of the home)
• AMENDED: 24" for all other locations
• AMENDED: 2. Minimum depth for buried PVC conduit enclosing service or feeder conductors [Table 300.5]
• AMENDED: 24" under park roads
• AMENDED: 18" from the service equipment location to the home served (applies when service equipment is within 30' of the exterior wall of the home)
• AMENDED: 18" for all other locations
• AMENDED: 3. Protection from damage for direct-buried service and feeder cables emerging from grade [Table 300.5 (D)(1)]
• AMENDED: PVC or other approved electrical raceway shall be installed continuous from the electrical service equipment to 18" below grade. Where metal raceways are used, a bushing shall be installed at the base of the conduit to prevent damage to the conductors.
• AMENDED: 4. Unused openings in electrical equipment [110.12(A)]
• AMENDED: Unused cable or conduit openings in meter sockets, disconnects, and other electrical equipment shall be effectively closed to provide protection that is equivalent to the wall of the equipment.
• AMENDED: 5. Mounting of electrical equipment [110.13(A)]
• AMENDED: Electrical equipment shall be firmly secured to the surface on which it is mounted. Also, the mounting surface must be solidly supported.
• AMENDED: 6. Enclosing energized parts [230.62(A)]
• AMENDED: The interior cover of service disconnects must be installed to avoid accidental contact with live parts.
• AMENDED: 7. Ground movement [300.5(J)]
• AMENDED: Where direct-buried conductors or underground raceways are subject to movement from frost action, provision shall be made to protect the conductors and equipment from damage. "S" loops in underground direct burial to conduit transitions, and expansion fittings in vertical conduits are usually effective.
• AMENDED: 8. Securing the grounding electrode conductor [250.64(B)]
• AMENDED: The conductor from the service equipment to the ground rod shall be securely fastened to the surface on which it is carried.
• AMENDED: 9. Methods of grounding to ground rods [250.70]
• AMENDED: The grounding conductor must be solidly connected to the ground rod by the use of an approved clamp, listed for direct soil burial.
• AMENDED: Note: Direct buried conductors and cables emerging from grade and specified in Column 1 and 4 of Table 300.5 shall be protected by enclosures or raceways extending from the minimum cover distance below grade required by 300.5 (A) to a point at least 8’ above finish grade.
• AMENDED: NATIONAL ELECTRICAL CODE(®) IS A REGISTERED TRADEMARKS OF THE NATIONAL FIRE PROTECTION ASSOCIATION.
• AMENDED: Appendix B to Chapter 14
• AMENDED: STREET CONSTRUCTION STANDARDS FOR
• AMENDED: MANUFACTURED HOUSING COMMUNITIES
• AMENDED: Roadways
• AMENDED: A. Minimum thickness of material after compaction
• AMENDED: Street Materials Minimum Requirements
• AMENDED: Aggregate sub-base course 12 inches1
• AMENDED: (Max sized stone 4")
• AMENDED: Crush aggregate base course 3 inches
• AMENDED: B. Before clearing has started on a community street, the center and side lines of the new street shall be staked or flagged at fifty foot intervals.
• AMENDED: C. It is recommended that before grading is started, the entire community street shall be cleared of all stumps, roots, brush, and other objectionable material. All ledge, large boulders and tree stumps shall be removed from the community street.
• AMENDED: D. All organic materials shall be removed to a depth of two feet below the subgrade of the street. Rocks and boulders shall also be removed to a depth of two feet below the subgrade of the roadway. On soils which have been identified as not suitable for roadways, the subsoil shall be removed from the street site to a depth of two feet below the subgrade and replaced with material meeting the specifications for gravel aggregate sub-base below. The subgrade shall be sloped to provide proper drainage.
• AMENDED: E. Except in a ledge cut, set slope shall be no steeper than a slope of three feet horizontal to one foot vertical, and shall be graded, loomed, limed, fertilized, and seeded according to the specifications of the erosion and sedimentation control plan.
• AMENDED: F. It is suggested, when possible, that all underground utilities be placed behind the homes, however, those installed under streets shall be installed prior to paving to avoid cuts in the pavement. It is recommended that building sewers and water service connections shall be installed to the edge of the community street prior to paving.
• AMENDED: G. The aggregate sub-base course shall be sand or gravel of hard durable particles free from vegetation matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a 4 inch square mesh sieve shall meet the following grading requirements:
• AMENDED: Sieve Designation Percentage by Weight Passing
• AMENDED: Square Mesh Sieves
• AMENDED: 1/4 inch 25-70%
• AMENDED: No. 40 2-30%
• AMENDED: No. 200 1-7%
• AMENDED: H. Aggregate for the sub-base shall contain no particles of rock exceeding four inches in any dimension.
• AMENDED: I. The aggregate base course shall be sand or gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a 3 inch square mesh sieve shall meet the following grading requirements:
• AMENDED: Sieve Designation Percentage by Weight Passing
• AMENDED: Square Mesh Sieves
• AMENDED: 1/2 inch 45-70%
• AMENDED: 1/4 inch 30-55%
• AMENDED: No. 40 5-20%
• AMENDED: No. 200 1-5%
• AMENDED: J. Aggregate for the base shall contain no particles of rock exceeding three inches in any dimension.
• AMENDED: K. Pavement joints. Where pavement is used and joins an existing pavement, the existing pavement shall be cut along a smooth line and form a neat, even, vertical joint.
• AMENDED: L. Pavements. It is recommended, if pavement is used, that minimum standards for the base layer of pavement shall be the Maine Department of Transportation specifications for plant mix grade B with an aggregate size no more than 1 inch maximum. It is recommended that minimum standards for the surface layer of pavement shall meet the MDOT specifications for plant mix grade C with an aggregate size no more than 3/4 inch maximum.
• AMENDED: M. Roadway Width and Grade. The traveled width of a one-way street shall be a minimum of 12 feet. The traveled width of a two-way street shall be a minimum of 18 feet. If the road is paved, there shall be adequate shoulders to support the pavement. The roadway grade shall not exceed 10%.
• AMENDED: Footnote: (1) The 12" aggregate base is in most instances not acceptable for municipal streets. If your long range plan is to have your community streets accepted as public ways, you should check with your municipality. Most municipalities require at least 18" aggregate subbase.
• AMENDED: Intersections
• AMENDED: A. Grades of all streets shall conform to the terrain so that cut and fill are minimized.
• AMENDED: B. Where community streets intersect with public roads, recommended sight distances, as measured along the public way which traffic will be entering, and based upon the legal speed limit, are as follows:
• AMENDED: Legal Speed Limit (mph) 25 30 35 40 45 50 55
• AMENDED: Sight distance (feet) 250 300 350 400 450 500 550
• AMENDED: C. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle at the stop line of the community street, with the height of the eye 31/2 feet, to the top of an object 41/2 feet above the pavement.
• AMENDED: D. When necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.

Chapter 15 Inspections and Complaints (formerly 02-385 C.MR. Ch. 860)

Code Me. R. 08-004 Ch. 15 Inspections and Complaints {#sec-08-004-ch.-15 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 15}

Summary: This chapter describes the board’s inspection program for manufactured housing communities.

1. Inspection of Manufactured Housing Communities

1. Licensing Inspections

Subject to 10 MRS §9086, the Board may inspect a manufactured housing community for compliance with the Board’s statute and rules upon initial licensure, upon expansion and upon change of licensee.

2. Inspections for Cause

The Board may also inspect a community for compliance with the Board’s statute and rules in response to a complaint; on the basis of information indicating the possibility of a violation of statute or rule; or in the discretion of the executive director or an inspector of the Board, which discretion shall not be abused.

3. Periodic Inspections

The Board will routinely and periodically inspect manufactured housing communities for compliance with the Board’s statute and rules. The baseline frequency of inspection is once every fourth calendar year. However, the Board may, in its discretion, inspect a community more or less frequently than once every fourth calendar year based on such factors as violations history and resource availability. The Board may attempt to coordinate inspections with other regulatory programs within the Department of Professional and Financial Regulation and other agencies within state government.

2. Reports

The Board will mail a copy of all inspection reports that list deficiencies or non-compliances to the Licensee at the Licensee’s last known address.

3. Correction of Deficiencies

All deficiencies discovered during an inspection must be corrected. The Licensee shall correct deficiencies that do not involve a serious danger to the health or safety of the public within 90 days of receipt of notice from the Board. The Licensee shall correct deficiencies that involve a serious danger to the health or safety of the public within 24 hours of receipt of notice from the Board.

With the exception of electrical violations, the Licensee shall certify to the Board in writing within the applicable correction period that all deficiencies discovered during an inspection have been corrected and shall certify to the date(s) on which the corrections were made. With respect to electrical violations, the Licensee shall submit to the Board a written certification from a master electrician executed within the applicable correction period certifying that all electrical violations were corrected and certifying to the date(s) on which the corrections were made.

4. Filing of Complaints

The Board will follow the procedures for investigating and processing complaints contained in the Administrative Complaint Procedure established by the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation (“OPOR”) for the professional and occupational licensing programs administered by OPOR.

History

• STATUTORY AUTHORITY: 10 MRSA §§ 9085 and 9086
• EFFECTIVE DATE: April 1, 1984
• AMENDED: August 25, 1984
• AMENDED: April 28, 1986
• AMENDED: February 23, 1987
• AMENDED: August 17, 1988
• AMENDED: March 14, 1990
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• REPEALED AND REPLACED: November 8, 2003 - filing 2003-404
• AMENDED: August 30, 2015 – filing 2015-162
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 860) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 16 Manufactured Home Installation Standards (formerly 02-385 C.MR. Ch. 890)

Code Me. R. 08-004 Ch. 16 Manufactured Home Installation Standards {#sec-08-004-ch.-16 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 16}

SUMMARY: These rules are drafted pursuant to 10 M.R.S. §9061, 42 U.S.C. §5404(c)(2)(section 605(c)(2) to implement the National Manufactured Housing Construction and Safety Standards Act of 1974 . This chapter sets forth minimum requirements for the initial installation of new manufactured homes in accordance with federal standards.

SUBCHAPTER A– GENERAL

I. Administration

A. Scope

These Installation Standards provide minimum requirements for the initial installation of new manufactured homes, in accordance with Section 605 of the Act (42 U.S.C. §5404). The Installation Standards are one component of the Manufactured Home Installation Program in Part 3286, and upon effect, serve as the basis for developing the manufacturers’ installation instructions as required by Section II of this subchapter. The manufacturers’ installation instructions, including specific methods for performing a specific operation or assembly, will be deemed to comply with these Installation Standards, provided they meet or exceed the minimum requirements of these Installation Standards and do not take the home out of compliance with the Manufactured Home Construction and Safety Standards (MHCSS) (24 CFR part 3280). Work necessary to join all sections of a multi-section home specifically identified in Subchapters G, H, and I, or work associated with connecting exterior lights, chain-hung light fixtures, or ceiling-suspended fans, as specifically identified in Subchapter H, is not considered assembly or construction of the home, although design of those elements of a manufactured home must comply with the MHCSS. However, work associated with the completion of hinged roofs and eaves in Subchapter I, Section I and other work done on-site and not specifically identified in this part as close-up is considered construction and assembly and is subject to the requirements of the MHCSS and the Manufactured Home Procedural and Enforcement Regulation (MHPER) (24 CFR part 3282). This standard covers the installation of manufactured homes, wherever located.

B. Intended Usage of Manufactured Homes Covered Under these Standards

The provisions of these standards are intended to apply to manufactured homes (single section, multiple section or expanded types) for use as a single family dwelling. The following homes are included:

Those units constructed after June 15, 1976, which the manufacturer certifies are constructed in compliance with the HUD standard, meaning structures, transportable in one or more sections, which in the traveling mode, are 8 body feet or more in width and 40 body feet or more in length or, when erected on site, are 320 or more square feet, and which are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 .

Note 1: These standards do not apply to manufactured housing used for other than dwelling purposes.

Note 2: These standards do not apply to recreational vehicles as defined in NFPA 1192, Standard on Recreational Vehicles , or to park trailers as defined in ANSI A119.5, Park Model Recreational Vehicle Standard .

Note 3: These standards do not apply to the installation of used homes.

C. Applicability

The standards set forth herein have been established to accomplish certain basic objectives and are not to be construed as relieving manufacturers, dealers, mechanics, or other parties of their responsibility for compliance with other applicable ordinances, codes, regulations, and laws. The new manufactured homes covered by these standards must comply with requirements of the MHCSS Program, as set forth in 24 CFR parts 3280 and, 3282, MHPER, as well as the Manufactured Home Installation Program, 24 CFR part 3286, and the Dispute Resolution Program, 24 CFR part 3288. The requirements of this chapter do not apply to homes installed on site-built permanent foundations when the manufacturer certifies the home in accordance with Section 3282.12.

These standards apply only to new manufactured homes as defined in Section V(AA) of this subchapter and to new manufactured housing as defined in 10 M.R.S. §9002(7)(A) and does not apply to modular or other types of manufactured dwellings. This standard is designed for the safety and health of manufactured home users.

These standards do not relieve the manufactured home owner or occupant from responsibilities for the proper use and maintenance of a manufactured home.

II. Manufacturer Installation Instructions

A. Instructions Required

A manufacturer must provide with each new manufactured home, installation designs and instructions that have been approved by the Secretary or Design Approval Primary Inspection Agency (DAPIA). The approved installation instructions must include all topics covered in the Model Installation Standards for the installation of manufactured homes. These installation instructions and any variations there to that are prepared to comply with Paragraph C of this section must provide protection to residents of the manufactured homes that equals or exceeds the protection provided by these installation standards and must not take the manufactured home out of compliance with the MHCSS. These instructions must insure that each home will be supported and anchored in a manner that is capable of meeting or exceeding the design loads required by the MHCSS.

Professional Engineer or Registered Architect Certification

A professional engineer or registered architect must prepare and certify that the manufacturer’s installation instructions meet or exceed the installation standards for foundation support and anchoring whenever:

1. The manufacturer’s installation instructions do not conform in their entirety to the minimum requirements or tables or their conditions for foundation support and anchoring of these standards; or
2. An alternative foundation system or anchoring system is employed, including designs for basements and perimeter support foundation systems, whether or not it is included in the installation instructions; or
3. Materials such as metal piers or alternatives to concrete footing materials are required by the installation instructions; or
4. Foundation support and anchoring systems are designed for use in areas subject to freezing or for use in areas subject to flood damage or high seismic risk; or
5. Foundation support and anchoring systems are designed to be used in special snow load conditions or in severe wind design areas; or
6. Site conditions do not allow the use of the manufacturer’s installation instructions; or
7. There are any other circumstances in which the manufacturer’s installation instructions would not permit the home to be installed in conformance with the installation standards or the MHCSS.

Variations to Installation Instructions

1. Before an installer provides support or anchorage that are different than those methods specified in the manufacturer’s installation instructions, or when the installer encounters site or other conditions (such as areas that are subject to flood damage or high seismic risk) that prevent the use of the instructions, the installer must:

a. First attempt to obtain DAPIA-approved designs and instructions prepared by the manufacturer; or

b. If designs and instructions are not available from the manufacturer, obtain an alternative design prepared and certified by a registered professional engineer or registered architect for the support and anchorage of the manufactured home that is consistent with the manufactured home design, conforms to the requirements of the MHCSS, and has been approved by the manufacturer and the DAPIA.

1. The manufacturer’s installation instructions must include an explanation of the requirement in Paragraph (C)(1) of this section.

Installer Certification

In making the certification of the installation required under part 3286, upon effect, an installer must certify that it completed the installation in compliance with either the manufacturer’s instructions or with an alternate installation design and instructions that have been prepared by the manufacturer or prepared in compliance with Paragraph C of this section. The installer will comply with this section for new homes by affixing a completed State of Maine Installation Warranty Seal to the home.

Temporary Storage

The installation instructions must provide at least one method for temporarily supporting each transportable section of a manufactured home, to prevent structural and other damage to the home, when those section(s) are temporarily sited at the manufacturer’s facility, dealer’s lot, or the home site.

III. Alterations during Initial Installation

Additions, modifications, replacement or removal of any equipment that affects the installation of the home made by the manufacturer, dealer or mechanic prior to completion of the installation must equal or exceed the protections and requirements of these Installation Standards, the MHCSS (24 CFR part 3280) and the MHPER (24 CFR part 3282). An alteration, as defined in 3282.7, must not affect the ability of the basic manufactured home to comply with the MHCSS, and the alteration must not impose additional loads to the manufactured home or its foundation, unless the alteration is included in the manufacturer’s DAPIA-approved designs and installation instructions, or is designed by a registered professional engineer or registered architect consistent with the manufacturer’s design and that conforms to the requirements of the MHCSS.

IV. Incorporation by Reference

A. The materials listed in this section are incorporated by reference (“IBR”) in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are available for purchase at the corresponding addresses noted below, and all are available for inspection at the Office of Manufactured Housing Programs, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW, Room 9164, Washington, DC 20410; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

B. The materials listed below are available for purchase from the Air Conditioning Contractors of America (ACCA), 2800 Shirlington Road, Suite 300, Arlington, Virginia 22206:

1. ACCA Manual J, Residential Load Calculation , 8^th Edition, IBR approved for Subchapter F, Section III (A)(1)(a)(i).

C. The materials listed below are available for purchase from APA-The Engineered Wood Association, 7011 South 19^th Street, Tacoma, Washington 98411, telephone number (253) 565-6600, fax number (253) 565-7265:

1. PS1-95, Construction and Industrial Plywood (with typical APA trademarks), 1995 edition, IBR approved for Subchapter D, Section XII (A)(2)(a).

D. The materials listed below are available for purchase from American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), 1791 Tullie Circle, NE, Atlanta, Georgia 30329-2305:

1. ASHRAE Handbook of Fundamentals , 1997 Inch-Pound Edition, IBR approved for Subchapter F, Section III (A)(1)(a).

E. The materials listed below are available for purchase from American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959:

1. ASTM C 90-02a, Standard Specification for Loadbearing Concrete Masonry Units , 2002, IBR approved for Subchapter D, Section XII(A)(1)(a).

2. ASTM D 1586-99, Standard Test Method for Penetration Test and Split-Barrel Sampling of Soils , 1999, IBR approved for Subchapter C, Section II(C).

ASTM D 2487-00, Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System), 2000, IBR approved for Subchapter C, Section II(C).

ASTM D 2488-00, Standard Practice for Description and Identification of Soils (Visual-Manual Procedure) , 2000, IBR approved for Subchapter C, Section II(C).

ASTM D 3953-97, Standard Specification for Strapping, Flat Steel and Seals , 1997, IBR approved for Subchapter E, Section II(B)(2) and Note 10 to Table 1 to Subchapter E, Section II.

F. The materials listed below are available for purchase from American Wood-Preservers’ Association (AWPA), PO Box 388, Selma, Alabama 36702:

1. AWPA M4-02, Standard for the Care of Preservative-Treated Wood Products , 2002, IBR approved for Subchapter D, Section XII(A)(2)(c).

2. AWPA U1-04, Use Category System; User Specification for Treated Wood , 2004, IBR approved for Subchapter D, Section III(B)(1), Subchapter D, Section XII(A)(2)(b), and Subchapter F, Section IV(C).

G. The materials listed below are available for purchase from the Federal Emergency Management Administration (FEMA), 500 C Street, SW, Washington, DC 20472:

1. FEMA 85/September 1985, Manufactured Home Installation in Flood Hazard Areas , 1985, IBR approved for Subchapter B, Section II(D)(3).

H. The materials listed below are available for purchase from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts 02169-7471:

1. NFPA 31, Standard for the Installation of Oil Burning Equipment , 2001 edition, IBR approved for Subchapter J.

2. NFPA 70, National Electrical Code , 2005 edition, IBR approved for Subchapter H, Section II (E)(1) and Subchapter J.

NFPA 501A, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities , 2003 edition, IBR approved for

Subchapter B, Section I.

I. The materials listed below are available for purchase from the Structural Engineering Institute/American Society of Civil Engineers (SEI/ASCE), 1801 Alexander Bell Drive, Reston, Virginia 20191:

1. SEI/ASCE 32-01, Design and Construction of Frost Protected Shallow Foundations , 2001, IBR approved for Subchapter D, Section XII(B)(2)(b) and Subchapter D, Section XII(B)(3)(b).

V. Definitions

The definitions contained in this section apply to the terms used in these installation standards. Where terms are not included, common usage of the terms applies. The definitions are as follows:

“Act” means the National Manufactured Housing Construction and Safety Standards Act of 1974 , 42 U.S.C. 5401-5426.

“Alteration” means the replacement, addition, and modification, or removal of any equipment or installation after sale by a manufacturer to a dealer but prior to sale by a dealer to a purchaser which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in the manufactured home which may affect the compliance of the home with the standards, but it does not include the repair or replacement of a component or appliance requiring plug-in to an electrical receptacle where the replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring plug-in to an electrical receptacle, which appliance was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected.

C. “Anchor assembly” means any device or other means designed to transfer home anchoring loads to the ground.

D. “Anchoring equipment” means ties, straps, cables, turnbuckles, chains, and other approved components, including tensioning devices that are used to secure a manufactured home to anchor assemblies.

E. “Anchoring system” means a combination of anchoring equipment and anchor assemblies that will, when properly designed and installed, resist the uplift, overturning, and lateral forces on the manufactured home and on its support and foundation system.

F. “Approved” means complying with the requirements of the Department of Housing and Urban Development (when used in connection with any material, appliance or construction).

G. “Arid region” means an area subject to 15 inches or less of annual rainfall.

H. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

I. “Base flood elevation (BFE)” means the elevation of the base flood, including wave height, relative to the datum specified on a LAHJ’s flood hazard map.

J. “Comfort cooling certificate” means a certificate permanently affixed to an interior surface of the home specifying the factory design and preparations for air conditioning the manufactured home.

K. “Crossovers” means the utility interconnections in multi-section homes that are located where the sections are joined. Crossover connections include heating and cooling ducts, electrical circuits, water pipes, drain plumbing, and gas lines.

L. “Design Approval Primary Inspection Agency (DAPIA)” means a state or private organization that has been accepted by the Secretary in accordance with the requirements of Part 3282, Subchapter H, which evaluates and approves or disapproves manufactured home designs and quality control procedures.

M. “Diagonal tie” means a tie intended to resist horizontal or shear forces, but which may resist vertical, uplift, and overturning forces.

N. “Flood hazard area” means the greater of either: The special flood hazard area shown on the flood insurance rate map; or the area subject to flooding during the design flood and shown on a LAHJ’s flood hazard map, or otherwise legally designated.

O. “Flood hazard map” means a map delineating the flood hazard area and adopted by a LAHJ.

P. “Footing” means that portion of the support system that transmits loads directly to the soil.

Q. “Foundation” means a site-built or site assembled system of stabilizing devices which are capable of transferring design dead loads and live loads required by Federal Regulations and other design loads unique to local home sites due to wind and water conditions, that are imposed by or upon the structure into the underlying soil bedrock without failure.

R. “Ground anchor” means a specific anchoring assembly device designed to transfer home anchoring loads to the ground.

“Installation” means the placing of manufactured housing on a foundation or supports at a building site and the assembly and fastening of structural components of manufactured housing, including the completed roof system, as specified by the manufacturer’s installation instructions and in accordance with the rules of the Board. Installation also includes the connection to existing services, including but not limited to electrical, oil, water, sewage and similar systems that are necessary for the use of the manufactured housing for dwelling purposes.

“Installation instructions” means DAPIA–approved instructions provided by the home manufacturer that accompany each new manufactured home and detail the home manufacturer requirements for support and anchoring systems, and other work completed at the installation site to comply with these Model Installation Standards and the MHCSS in 24 CFR Part 3280.

“Installation standards” means reasonable specifications for the installation of a new manufactured home, at the place of occupancy, to ensure proper siting, the joining of all sections of the home, and the installation of stabilization, support or anchoring systems.

“Installer” means any licensed manufacturer or dealer or an employee of a licensed manufacturer or dealer, or a person licensed as a mechanic, who engages in the process of affixing, assembling or setting up of manufactured housing on foundations or supports at a building site.

“Labeled” means a label, symbol, or other identifying mark of a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of production of labeled equipment or materials, and by whose labeling is indicated compliance with nationally recognized standards or tests to determine suitable usage in a specified manner.

“Listed or certified” means included in a list published by a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials, and by whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner.

“Local authority having jurisdiction (LAHJ)” means the municipality that has local responsibilities that must be complied with during the installation of a manufactured home and those local responsibilities are outside the jurisdiction of the Maine Manufactured Housing Board.

“Lowest floor” means the floor of the lowest enclosed area of a manufactured home. An unfinished or flood resistant enclosure, used solely for vehicle parking, home access, or limited storage, must not be considered the lowest floor, provided the enclosed area is not constructed so as to render the home in violation of the flood-related provision of this Standard.

“Manufactured home” means a structure, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term includes all structures that meet the above requirements, except the size requirements and with respect to which the manufacturer voluntarily files a certification pursuant to part 3282.13 and complies with the MHCSS set forth in part 3280. This term does not include any self-propelled recreational vehicle. Calculations used to determine the number of square feet in a structure will include the total of square feet for each transportable section comprising the completed structure and will be based on the structure’s exterior dimensions measured at the largest horizontal projections when erected on-site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows. Nothing in this definition should be interpreted to mean that a manufactured home necessarily meets the requirements of HUD’s Minimum Property Standards (HUD Handbook 4900.1 ) or that it is automatically eligible for financing under 12 U.S.C. 1709(b) certification.

MHCSS or “part 3280” means the Manufactured Home Construction and Safety Standards established in part 3280, pursuant to section 604 of the Act, 42 U.S.C. §5403.

“Manufactured Home Installation Program or “part 3286” means the Manufactured Home Installation Program established in 24 CFR part 3286.

MHPER or “part 3282” means the Manufactured Home Procedural and Enforcement Regulations established in 24 CFR part 3282.

“Manufactured home gas supply connector” means a listed connector designed for connecting the manufactured home to the gas supply source.

“Manufactured home site” means a designated parcel of land designed for the installation of one manufactured home for the exclusive use of the occupants of the home.

“Board” means the State of Maine Manufactured Housing Board.

“Manufactured Housing Consensus Committee or MHCC” means the consensus committee established pursuant to section 604(a)(3) of the Act, 42 U.S.C. §5403(a)(3).

“Model Installation Standards” means the installation standards established pursuant to section 605 of the Act, 42 U.S.C. § 5404.

“Pad” means that area which has been established for the placement of a home.

“Penetrometer” means an instrument for determining the consistency or hardness of a substance by measuring the depth or rate of penetration of a rod or needle driven into it by a known force.

LL. “Pier” means that portion of the support system between the footing and the manufactured home, exclusive of caps and shims.

MM. “Ramada” means any freestanding roof or shade structure, installed or erected above a manufactured home or any portion thereof.

NN. “Secretary” means the Secretary of Housing and Urban Development, or an official of HUD delegated the authority of the Secretary with respect to the Act.

OO. “Set-up” means the work performed and operations involved in the placement and securing of a manufactured home or any portion thereof and includes the connection of existing electrical, oil, gas, water, sewage, and similar systems.

PP. “Shall” indicates a mandatory requirement.

QQ. “Should” indicates a recommendation which is advised but not required.

RR. “Skirting” means weather-resistant material used to enclose the perimeter, under the living area of the home, from the bottom of the manufactured home to grade.

SS. “Stabilizing devices” means all components of the anchoring and support systems, such as piers, footings, ties, anchoring equipment, anchoring assemblies, or any other equipment, materials and methods of construction, that support and secure the manufactured home to the ground.

TT. “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands and American Samoa.

UU. “Support system” means pilings, columns, footings, piers, foundation walls, shims, and any combination thereof that, when properly installed, support the manufactured home.

VV. “Tie” means straps, cable, or securing devices used to connect the manufactured home to anchoring assemblies.

WW. “Ultimate load” means the absolute maximum magnitude of load that a component or system can sustain, limited only by failure.

XX. “Uncontrolled fill” means fill materials that are placed without control of the content of the fill materials or without adequate compaction to assure a bearing capacity without undue settlement. For purposes of these standards, uncontrolled fill shall mean fill materials containing organic matter or fills which are placed without compaction necessary to provide a uniform bearing capacity of 1000 lbs./ft.

YY. “Utility connection” means the connection of the manufactured home to utilities that include, but are not limited to, electricity, water, sewer, gas, or fuel oil.

ZZ. “Vertical tie” means a tie intended to resist uplifting and overturning forces.

AAA. “Wind zone” means the areas designated on the Basic Wind Zone Map, as further defined in Appendix A to this chapter.

BBB. “Working load” means the maximum recommended load that may be exerted on a component or system determined by dividing the ultimate load of a component or system by an appropriate factor of safety.

VI. Final Leveling of Manufactured Home

Refer to Subchapter J.

VII. Preoccupancy Inspections

Generally

Board staff will conduct pre-occupancy inspections of 30% of all new manufactured homes installed in Maine. The 30% will be selected randomly from locations throughout the state. For homes that pass inspection, a seal will be affixed in the kitchen sink cabinet certifying compliance with these manufactured home installation standards. For homes that do not pass inspection, a notice of violation and order of correction will be issued to the manufacturer, dealer or mechanic who performed the installation in the manner described in Chapter 370, Section 5(A) of the Board’s rules. The licensee shall respond to the notice of violation and order of correction as set forth in Chapter 370, and the provisions of Chapter 370 shall apply to any further proceedings arising from the notice of violation and order of correction. For purposes of this chapter, model homes are considered new homes if they have never been occupied.

B. Emailing Purchase Information to Board

A dealer shall email the following information to the executive director of the Board immediately after receiving an order for manufactured housing from a purchaser:

1. The name and address of the dealer;

2. The manufacturer of the home;

3. The serial number of the home;

4. The estimated date of delivery;

5. The name of the purchaser; and

6. The anticipated physical address of the home.

NOTE: The current email address of the executive director is — robert.v.leclair@maine.gov.

C. Response from Board

The Board will respond by email to the dealer. The response will state whether or not the home reported by the dealer has been selected for pre-occupancy inspection.

D. Inspection

If the home has been selected for pre-occupancy inspection, the dealer shall notify the executive director of the Board by email when the home is installed and ready for occupancy, but prior to actual occupancy. The Board will then coordinate a date and time for the pre-occupancy inspection with the dealer. The Board will use its best efforts to perform the pre-occupancy inspection within 5 business days after receipt of notice from the dealer. The dealer shall be present at the pre-occupancy inspection. If the home passes inspection, the seal will be affixed by the inspector at the conclusion of the inspection and a copy of the inspection report will be mailed to the dealer.

E. Fee

The fee for the pre-occupancy inspection is established by the Director of the Office of Professional and Occupational Regulation and appears in Chapter 10, Section 5(24) of the rules of the Office of Professional and Occupational Regulation, entitled “Establishment of License Fees.” The Board will bill the dealer for the fee. The dealer shall pay the fee within 30 days of receipt. Failure to timely pay the fee will result in disciplinary action against the dealer.

SUBCHAPTER B–PRE-INSTALLATION CONSIDERATIONS

I. Fire Separation

No portion of a manufactured home, excluding the hitch, shall be located closer than 10 feet (3 meters) side to side, 8 feet (2.4 meters) end to side, or 6 feet (1.8 meters) end to end horizontally from any other manufactured home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a 1 hour fire-resistance rating or the structures are separated by a 1 hour fire-rated barrier.

II. Installation of Manufactured Homes in Flood Hazard Areas

Definitions

Except to the extent otherwise in Subchapter A, the terms used in this subchapter are as defined in 44 CFR 59.1 of the National Flood Insurance Program (NFIP) regulations.

Applicability

The provisions of this section apply to the initial installation of new manufactured homes located wholly or partly within the flood hazard area.

Pre-Installation Considerations

Prior to the initial installation of a new manufactured home, the installer is responsible for determining whether the manufactured home site lies wholly or partly within a special flood hazard area as shown on the LAHJ’s Flood Insurance Rate Map, Flood Boundary and Floodway Map, or Flood Hazard Boundary Map, or if no LAHJ, in accordance with NFIP regulations. If so located, and before an installation method is agreed upon, the map and supporting studies adopted by the LAHJ must be used to determine the flood hazard zone and base flood elevation at the site.

D. General Elevation and Foundation Requirements

Methods and Practices

Manufactured homes located wholly or partly within special flood hazard areas must be installed on foundations engineered to incorporate methods and practices that minimize flood damage during the base flood, in accordance with the LAHJ, 44 CFR 60.3(a) through (e) and other provisions of 44 CFR referenced by those paragraphs.

Outside Appliances

a. Appliances installed on the manufactured home site in flood hazard areas must be anchored and elevated to or above the same elevation as the lowest elevation of the lowest floor of the home.

b. Appliance air inlets and exhausts in flood hazard areas must be located at or above the same elevation as the lowest elevation of the lowest floor of the home.

Related guidance

Refer to FEMA 85/September 1985, Manufactured Home and Installation in Flood Hazard Areas (incorporated by reference).

III. Site Suitability with Design Zone Maps

Prior to the initial installation of a new manufactured home and as part of making the certification of the installation required under part 3286 of the Federal standards, upon effect, the installer is to verify that the design and construction of the manufactured home, as indicated on the design zone maps provided with the home, are suitable for the site location where the home is to be installed. The design zone maps are those identified in part 3280 of the Federal standards.

Wind Zone

Manufactured homes must not be installed in a wind zone that exceeds the design wind loads for which the home has been designed, as evidenced by the wind zone indicated on the home’s data plate. Maine wind zones are described in Appendix A to this chapter.

Roof Load Zone

Manufactured homes must not be located in a roof load zone that exceeds the design roof load for which the home has been designed as evidenced by the roof load zone indicated on the home’s data plate. Maine roof load zones are described in Appendix A to this chapter.

Thermal Zone

Manufactured Homes must not be installed in a thermal zone that exceeds the thermal zone for which the home has been designed as evidenced by the thermal zone indicated on the heating/cooling certificate and insulation zone map. The manufacturer may provide the heating/cooling information and insulation zone map on the home’s data plate.

IV. Alterations and On-Site Structures

Refer to Subchapter J for considerations related alterations and on-site structures.

SUBCHAPTER C – SITE PREPARATION

I. Soil Conditions

To help prevent settling or sagging, the foundation must be constructed on firm, undisturbed soil or fill compacted to at least 90 percent of its maximum relative density. All organic material such as grass, roots, twigs, and wood scraps must be removed in areas where footings are to be placed. After removal of organic material, the home site must be graded or otherwise prepared to ensure adequate drainage, in accordance with Subchapter C, Section III. Homes shall not be installed on uncontrolled fill.

II. Soil Classifications and Bearing Capacity

The soil classification and bearing capacity of the soil must be determined before the foundation is constructed and anchored. The soil classification and bearing capacity must be determined by one or more of the following methods, unless the soil bearing capacity is established as permitted in Paragraph F of this section:

Soil tests that are in accordance with generally accepted engineering practice; or

Soil records of the applicable LAHJ; or

If the soil class or bearing capacity cannot be determined by test or soil records, but its type can be identified, the soil classification, allowable pressures, and torque values shown in the table to this section may be used.

A pocket penetrometer; or

In lieu of determining the soil bearing capacity by use of the methods shown in the table, an allowable pressure of 1,500 psf may be used, unless the site-specific information requires the use of lower values based on soil classification and type.

If the soil appears to be composed of peat, organic clays or uncompacted fill, or appears to have unusual conditions, a registered professional geologist, registered professional engineer, or registered architect must determine the soil classification and maximum allowable soil bearing capacity.

Table to Subchapter C, Section II – Soil Classifications and Bearing Capacity

ASTM D 2487–00 or D 2488–00, (incorporated by reference)

Soil classification

Soil description

Allowable soil bearing pressure (psf)¹

Blow count ASTM D 1586–99

Torque probe³ value⁴ (inch-pounds)

Classification number

1 ................

..................................

Rock or hard pan .......................................

4000+ .......................

2 ................

GW, GP, SW, SP, GM, SM.

Sandy gravel and gravel; very than dense and/or cemented sands; course gravel/ cobbles; preloaded silts, clays and coral.

2000 .........................

40+

More than 550.

3 ................

GC, SC, ML, CL ......

Sand; silty sand; clayey sand; silty gravel; medium dense course sands; sandy gravel; and very stiff silt, sand clays.

1500 .........................

24–39

351–550.

4A ..............

CG, MH².................

Loose to medium dense sands; firm to stiff clays and silts; alluvial fills.

1000 .........................

18–23

276–350.

4B ..............

CH, MH²..................

Loose sands; firm clays; alluvial fills .........

1000 .........................

12–17

175–275.

5 ................

OL, OH, PT .............

Uncompacted fill; peat; organic clays .......

Refer to Subchapter C Section II(F)

0–11

Less than 175.

Notes to Table

1. The values provided in this table have not been adjusted for overburden pressure, embedment depth, water table height, or settlement problems.

2^. For Soils classified as CH or MH, without either torque probe values or blow count test results, selected anchors must be rated for a 4B soil.

3. The torque test probe is a device for measuring the torque value of soils to assist in evaluating the holding capacity of the soil in which the ground anchor is placed. The shaft must be of suitable length for the full depth of the ground anchor.

4. The torque value is a measure of the load resistance provided by the soil when subject to the turning or twisting force of the probe.

III. Site Drainage

Purpose

Drainage must be provided to direct surface water away from the home to protect against erosion of foundation supports and to prevent water build-up under the home, as shown in the Figure to Subchapter C, Section III – Site Drainage.

The home site must be graded as shown in the Figure to Subchapter C, Section III - Site Drainage, or other methods, such as a drain tile and automatic sump pump system, must be provided to remove any water that may collect under the home.

All drainage must be diverted away from the home and must slope a minimum of one-half inch per foot away from the foundation for the first ten feet. Where property lines, walls, slopes, or other physical conditions prohibit this slope, the site must be provided with drains or swales or otherwise graded to drain water away from the structure as shown in the Figure to Subchapter C, Section III – Site Drainage.

Sloped Site Considerations

The home, where sited, must be protected from surface runoff from the surrounding area.

E. Gutters and Downspouts

Manufacturers must specify in their installation instructions whether the home is suitable for the installation of gutters and downspouts. If suitable, the installation instructions must indicate that when gutters and downspouts are installed, the runoff must be directed away from the home.

Figure to Subchapter C, Section III – Site Drainage

IV. Ground Moisture Control

Vapor Retarder

If the space under the home is to be enclosed with skirting or other materials, a vapor retarder must be installed to cover the ground under the home.

Vapor Retarder Material

A minimum of six mil polyethylene sheeting or its equivalent must be used.

Proper Installation

1. The entire area under the home must be covered with the vapor retarder as noted in Paragraph A of this section, except for areas under open porches, decks, and recessed entries. Joints in the vapor retarder must be overlapped at least 12 inches.
2. The vapor retarder may be placed directly beneath footings, or otherwise installed around or over footings placed at grade, and around anchors or other obstructions.
3. Any voids or tears in the vapor retarder must be repaired. At least one repair method must be provided in the manufacturer’s installation instructions.

SUBCHAPTER D– FOUNDATIONS

I. General

A. Foundations for manufactured home installations must be designed and constructed in accordance with this subchapter and must be based on site conditions, home design features, and the loads the home was designed to withstand, as shown on the home’s data plate.

B. Foundation systems that are not pier and footing type configurations may be used when verified by engineering data and designed in accordance with Subchapter D, Section I(D), consistent with the design loads of the MHCSS. Pier and footing specifications that are different than those provided in this subchapter, such as block size, metal piers, section width, loads, and spacing, may be used when verified by engineering data and comply with Subchapter D, Section I(C) and (D) and are capable of resisting all design loads of the MHCSS.

C. All foundation details, plans, and test data must be designed and certified by a registered professional engineer or registered architect, and must not take the home out of compliance with the MHCSS.

D. Alternative foundation systems or designs are permitted in accordance with either of the following:

1. Systems or designs must be manufactured and installed in accordance with their listings by a nationally recognized testing agency based on a nationally recognized testing protocol; or

2. System designs must be prepared by a registered professional engineer or a registered architect in accordance with acceptable engineering practice and must be installed so as not to take the home out of compliance with the MHCSS (part 3280).

II. Flood Hazard Areas

In flood hazard areas, foundations, anchorings, and support systems must be capable of resisting loads associated with design flood and wind events, or combined wind and flood events, and homes must be installed on foundation supports that are designed and anchored to prevent flotation, collapse, or lateral movement of the structure. Manufacturer’s installation instructions must indicate whether:

A. The foundation specifications have been designed for flood-resistant considerations, and, if so, the conditions of applicability for velocities, depths, or wave action; or

The foundation specifications are not designed to address flood loads.

III. Piers

A. General

The piers used must be capable of transmitting the vertical live and dead loads to the footings or foundation.

B. Acceptable Piers – Materials Specification

1. Piers are permitted to be concrete blocks, pressure-treated wood with a water borne preservative, in accordance with AWPA Standard U1-04 (incorporated by reference) for Use Category 4B ground contact applications; or adjustable metal or concrete piers.
2. Manufactured piers must be listed or labeled for the required vertical load capacity, and, where required by design, for the appropriate horizontal load capacity.

C. Design Requirements

Load-bearing capacity

The load-bearing capacity for each pier must be designed to include consideration for the dimensions of the home, the design dead and live loads, the spacing of the piers, and the way the piers are used to support the home.

Center beam/mating wall support must be required for multi-section homes and designs must be consistent with Tables 2 and 3 of this section and Figures A, B, and C to Subchapter D, Section X.

Pier Loads

1. Design support layout configurations for the pier loads, pier spacing, and roof live loads must be in accordance with Tables 1, 2 and 3 of this section and the MHCSS.
2. Other pier designs are permitted in accordance with this subchapter.
3. Manufactured piers must be rated at least to the loads required to safely support the dead and live loads, as required by Subchapter D, Section I, and the installation instructions for those piers must be consistent with Tables 1, 2, and 3 of this section.

Table 1 to Subchapter D, Section III – Piers

Frame Blocking Only – Perimeter Support not Required Except at Openings

Pier spacing

Roof live

load (psf)

Location

Load (lbs.)

4 ft. 0 in. ..........................................

20

30

40

Frame ..................................................................

Frame ..................................................................

Frame ..................................................................

2,900

3,300

3,600

6 ft. 0 in. ...........................................

20

30

40

Frame ..................................................................

Frame ..................................................................

Frame ..................................................................

4,200

4,700

5,200

8 ft. 0 in. ............................................

20

30

40

Frame ..................................................................

Frame ..................................................................

Frame ..................................................................

5,500

6,200

6,900

10 ft. 0 in. ............................................

20

30

40

Frame ..................................................................

Frame ..................................................................

Frame ..................................................................

6,800

7,600

8,500

10 ft. 0 in. ..........................................

20

30

Frame ..................................................................

Frame ..................................................................

6,800

7,600

40

Frame …………………………………..............

8,500

Notes to Table 1:

See the Table to Subchapter D, Section XII for cast-in-place footing design by using the noted loads.

Table 1 is based on the following design assumptions: maximum 16 ft. nominal section width (15 ft. actual width), 12” eave, 10”

I-beam size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf floor dead load, 35 plf wall dead load, and 10 plf chassis dead load.

Interpolation for other pier spacing is permitted.

The pier spacing and loads shown in the above table do not consider floor or seismic loads, and are not intended for use in flood or seismic hazard areas. In those areas, the foundation support system is to be designed by a professional engineer or architect.

See the Table to Subchapter D, Section XII for sizing of footings.

Table 2 to Subchapter D, Section III – Piers

Frame Plus Perimeter Blocking/Perimeter Blocking Required

Maximum pier spacing

Roof live

load (psf)

Location

Load (lbs.)

4 ft. 0 in. .......................................................................

20

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

1,400

1,900

3,200

4 ft. 0 in. .......................................................................

30

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

1,400

2,300

3,800

4 ft. 0 in. .......................................................................

40

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

1,400

2,600

4,400

6 ft. 0 in. .......................................................................

20

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

1,900

2,700

4,700

6 ft. 0 in. .......................................................................

30

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

1,900

3,200

5,600

6 ft. 0 in. .......................................................................

40

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

1,900

3,700

6,500

8 ft. 0 in. .......................................................................

20

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

2,400

3,500

6,100

8 ft. 0 in. .......................................................................

30

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

2,400

4,200

7,300

8 ft. 0 in. .......................................................................

40

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

2,400

4,800

8,500

10 ft. 0 in. .....................................................................

20

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

2,900 4,300

7,600

10 ft. 0 in. .....................................................................

30

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

2,900

5,100

9,100

10 ft. 0 in. .....................................................................

40

Frame ........................................................................... Perimeter ...................................................................... Mating ...........................................................................

2,900

6,000

10,600

Notes to Table 2:

See the Table to Subchapter D, Section XII for cast-in-place footing design by using the noted loads.

Mating wall perimeter piers and footings only required under full height mating walls supporting roof loads. Refer to Figures 1A and 2B to Subchapter D, Section X.

Table 2 is based on the following design assumptions: maximum 16 ft. nominal section width (15 ft. actual width), 12” eave, 10” I-beam size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf floor dead load, 35 plf wall dead load, and 10 plf chassis dead load.

Interpolation for other pier spacing is permitted.

The pier spacing and loads shown in the above table do not consider floor or seismic loads and are not intended for use in flood or seismic hazard areas. In those areas, the foundation support system is to be designed by a professional engineer or architect.

See the Table to Subchapter D, Section XII for sizing of footings.

Table 3 to Subchapter D, Section III – Piers

Mating wall opening (ft)

Roof live

load (psf)

Pier and footing load (lbs.)

5 ................

20

30

40

1,200

1,600

1,900

10 ..............

20

30

40

2,300

3,100

3,800

15 ..............

20

30

40

3,500

4,700

5,800

20 ..............

20

30

40

4,700

6,200

7,500

25 ..............

20

30

40

5,800

7,800

9,700

30 ..............

20

30

40

7,000

9,300

11,600

35 ..............

20

30

40

8,100

10,900

13,600

Ridge Beam Span Footing Capacity

Notes to Table 3:

See the Table to Subchapter D, Section XII for cast-in-place footing design by using the noted loads.

Table 3 is based on the following design assumptions: maximum 16 ft. nominal section width (15 ft. actual width), 12” eave, 10” I-beam size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf floor dead load, 35 plf wall dead load, and 10 plf chassis dead load.

Loads listed are maximum column loads for each section of the manufactured home.

Interpolation for maximum allowable pier and column loads is permitted for mate-line openings between those shown in the table.

The pier spacing and loads shown in the above table do not consider flood or seismic loads, and are not intended for use in flood or seismic hazard areas. In those areas, the foundation support system is to be designed by a professional engineer or architect.

See the Table to Subchapter D, Section XII for sizing of footings.

• • 1. Pier Configuration

A. Concrete Blocks

Installation instructions for concrete block piers must be developed in accordance with the following provisions and must be consistent with Figures A and B to Subchapter D, Section VI:

1. Load-bearing (not decorative) concrete blocks must have nominal dimensions of at least 8 inches x 8 inches x 16 inches;

2. The concrete blocks must be stacked with their hollow cells aligned vertically; and

3. When piers are constructed of blocks stacked side by side, each layer must be at right angles to the preceding one, as shown in Figure B to Subchapter D, Section VI.

B. Caps

1. Structural loads must be evenly distributed across capped-hollow block piers, as shown in Figures A and B to Subchapter D, Section VI.

2. Caps must be solid concrete or masonry of at least 4 inches nominal in thickness, or hardboard lumber at least 2 inches nominal in thickness, or be of corrosion-protected minimum one-half inch thick steel, or be of other listed materials.

3. All caps must be of the same length and width as the piers on which they rest.

4. When split caps are used on double stacked blocks, the caps must be installed with the long dimension across the joint in the blocks below.

C. Gaps

Any gaps that occur during installation between the bottom of the main chassis beam and foundation support system must be filled by:

• • 1. Nominal 4 inch x 6 inch x 1 inch shims to level the home and fill any gaps between the base of the main chassis beam and the top of the pier cap; 2. Shims must be used in pairs as shown in Figures A and B to Subchapter D, Section VI, and must be driven in tightly so that they do not occupy more than one inch of vertical height; and 3. Hardwood plates no thicker than 2 inches nominal in thickness or 2 inch or 4 inch nominal concrete block must be used to fill in remaining vertical gaps.

D. Manufactured Pier Heights

Manufactured pier heights must be selected so that the adjustable risers do not extend more than 2 inches when finally positioned.

V. Clearance under Homes

A minimum clearance of 12 inches must be maintained between the lowest member of the main frame (I-beam or channel beam) and the grade under all areas of the home.

VI. Design Procedures for Concrete Block Piers

Frame piers less than 36 inches high

1. Frame piers less than 36 inches high are permitted to be constructed of single, open or closed-cell concrete blocks 8 inches x 8 inches x 16 inches, when the design capacity of the block is not exceeded.
2. The frame piers must be installed so that the long sides are at right angles to the supported I-beam, as shown in Figure A of this section.
3. The concrete blocks must be stacked with their hollow cells aligned vertically and must be positioned at right angles to the footings.
4. Horizontal offsets from the top to the bottom of the pier must not exceed one-half inch.
5. Mortar is not required, unless specified in the installation instructions or required by a registered professional engineer or registered architect.

Frame Piers 36 inches to 67 inches high and Corner Piers

1. All frame piers between 36 inches and 67 inches high and all corner piers over three blocks high must be constructed out of double, interlocked concrete blocks, as shown in Figure B to this section, when the design capacity of the block is not exceeded. Mortar is not required for concrete piers, unless otherwise specified in the manufacturer installation instructions or required by a registered professional engineer or registered architect.

2. Horizontal offsets from the top to the bottom of the pier must not exceed one inch.

All Piers over 67 inches High

Piers over 67 inches high must be designed by a registered professional engineer or registered architect, in accordance with acceptable engineering practice. Mortar is not required for concrete block piers unless otherwise specified in the manufacturer installation instructions or by the design.

Figure A to Subchapter D, Section VI – Design Procedures for Concrete Block Piers:

Typical Footing and Pier Design, Single Concrete Block

Figure B to Subchapter D, Section VI – Design Procedures for Concrete Block Piers:

Typical Footing and Pier Installation, Double Concrete Block

Main I-beam frame

36 inches to

max 67 inches

in height

In freezing climates, the footing must extend Typical footing. Solid concrete or other product

below the frost line or be otherwise protected listed for the purpose. Footing is placed on firm,

from the effects of frost heave as permitted undisturbed soil or controlled fill, free of grass

herein. and organic matter.

VII. Perimeter Support Piers

Piers required at mate-line supports, perimeter piers, and piers at exterior wall openings are permitted to be constructed of single open-cell or closed-cell concrete blocks, with nominal dimensions of 8 inches x 8 inches x 16 inches, to a maximum height of 54 inches as shown in Figure A to this section, when the design capacity of the block is not exceeded.

Piers used for perimeter support must be installed with the long dimension parallel to the perimeter rail.

VIII. Manufactured Piers

A. Manufactured piers must be listed and labeled and installed to the pier manufacturer’s installation instructions. See Subchapter D, Section III(D)(2) for additional requirements.

B. Metal or other manufactured piers must be provided with protection against weather deterioration and corrosion at least equivalent to that provided by a coating of zinc on steel of .30 oz./ft² of surface coated.

IX. [Reserved]

X. Pier Location and Spacing

A. The location and spacing of piers depends upon the dimensions of the home, the live and dead loads, the type of construction (single-or multi-section), I-beam size, soil bearing capacity, footing size, and such other factors as the location of doors or other openings.

B. Mate-line and column pier supports must be in accordance with this subchapter and consistent with Figures A through C of this section unless the pier support and footing configuration is designed by a registered professional engineer or registered architect.

Piers supporting the frame must be no more than 24 inches from both ends and not more than 120 inches center to center under the main rails.

D. Pier support locations and spacing must be presented to be consistent with Figures A and B to Subchapter D, Section XII, as applicable, unless alternative designs are provided by a registered professional engineer or registered architect in accordance with acceptable engineering practice.

Figure A to Subchapter D, Section X – Pier Location and Spacing:

Typical Mate-Line Column Pier and Mating Wall Support

When Frame Only Blocking is Required

Footings sized for single spans C and D to support the Pier and Footing Load indicated in Table 3 to Subchapter D, Section III. [Note: If wall is less than 16” in width use combined span C+D, single pier.]

Footing sized for span B or C, as applicable, to support the Pier and Footing Load indicated in Table 3 to Subchapter D, Section III.

Footings sized for combined spans A+B to support the Pier and Footing Load indicated in Table 3 to Subchapter D, Section III(D).

Footing sized for span A to support the Pier and Footing Load indicated in Table 3 to Subchapter D, Section III(D).

Notes to Figure A:

Bottom of footings must extend below frost line depth, unless designed for placement above the frost lines. (See Subchapter D, Section XII(B)).

Piers may be offset up to 6 inches in either direction along the supported members to allow for plumbing, electrical, mechanical, equipment, crawlspace, or other devices.

Single-stack concrete block pier loads must not exceed 8,000 lbs.

Prefabricated piers must not exceed their approved or listed maximum vertical or horizontal design loads.

When a full-height mating wall does not support the ridge beam, this area is considered an unsupported span – Span B.

Piers are not required at openings in the mating wall that are less than 48 inches in width. Place piers on both sides of mating wall openings that are 48 inches or greater in width. For roof loads of 40 psf or greater, a professional engineer or registered architect must determine the maximum mating wall opening permitted without pier or other supports.

Figure B to Subchapter D, Section X – Pier Location & Spacing:

Typical Mate-Line Column Pier and Mating Wall Support

When Perimeter Blocking is Required

See Note 1

Footing sized & spaced to support the Load indicated in Table 2 to Subchapter D, Section III(D).

Footing sized for span C to support the Load indicated in Table 2 to Subchapter D, Section III(D).

Footing sized & spaced to support the Load indicated in Table 2 to Subchapter D, Section III(D).

Footing sized for span B to support the Pier & Footing Load indicated in Table 3 to Subchapter D, Section III(D).

Footing sized for combined span A+B to support the Pier & Footing Load indicated in Table 3 to Subchapter D, Section III(D).

See Note 6

Footing sized for span A to support the Pier & Footing Load indicated in Table 3 to Subchapter D, Section III(D).

Notes to Figure B:

Bottom of footings must be below the frost line depth, unless designed for placement above the frost line. (See Subchapter D,

Section XII(B)).

Piers may be offset 6 inches in either direction along supported members to allow for plumbing, electrical, mechanical equipment, crawlspace, or other devices.

Single stack concrete blocks pier loads must not exceed 8,000 lbs.

Piers are not required at openings in the mating wall that are less than 48 inches in width. Place piers on both sides of mating wall openings that are 48 inches or greater in width. For roof loads of 40 psf or greater, a professional engineer or registered architect must determine the maximum mating wall opening permitted without pier or other supports.

When a full-height mating wall does not support the ridge beam, this area is considered an unsupported span – Span B.

In areas where the open span is greater than 10 ft., intermediate piers and footings must be placed at maximum 10 ft. on center.

Prefabricated piers must not exceed their approved or listed maximum horizontal or vertical design loads.

Column piers are in addition to piers required under full-height mating walls.

Figure C to Subchapter D, Section X – Pier Location & Spacing:

Typical Mate-Line Column and Piers

Notes to Figure C:

Mate-line column supports piers are installed with the long dimension

of the concrete block perpendicular to the rim joists.

Pier and footing designed to support both floor sections. Loads as listed in Table 3 to Subchapter D, Section III are total column loads for both sections.

XI. Required Perimeter Supports

A. Perimeter pier or other supports must be located as follows:

1. On both sides of side wall exterior doors (such as entry, patio, and sliding glass doors) and any other side wall openings of 48 inches or greater in width, and under load-bearing porch posts, factory installed fireplaces, and fireplace stoves.)

Other perimeter supports must be:

a. Located in accordance with Table 2 to Subchapter D, Section III; or

b. Provided by other means such as additional outriggers or floor joists. When this alternative is used, the design required by Subchapter D, Section I must consider the additional loads in sizing the pier and footing supports under the main chassis beam.

B. For roof live loads of 40 psf or greater, a professional registered engineer or professional architect must determine the maximum sidewall opening permitted without perimeter pier or other supports.

C. The location and installation of any perimeter pier support must not take the home out of compliance with the Manufactured Home Construction and Safety Standards (part 3280).

XII. Footings

A. Materials approved for footings must provide equal load-bearing capacity and resistance to decay, as required by this section. Footings must be placed on undisturbed soil or fill compacted to 90 percent of maximum relative density. A footing must support every pier. Footings are to be either:

1. Concrete 1. Four inch nominal precast concrete pads meeting or exceeding ASTM C 90-02a, Standard Specification for Loadbearing Concrete Masonry Units (incorporated by reference), without reinforcement, with at least a 28-day compressive strength of 1,200 pounds per square inch (psi); or 2. Six inch nominal poured-in-place concrete pads, slabs, or ribbons with at least a 28-day compressive strength of 3,000 pounds per square inch (psi). Site-specific soil conditions or design load requirements may also require the use of reinforcing steel in cast-in-place concrete footings.

2. Pressure-treated permanent wood 1. Pressure-treated wood footings must consist of a minimum of two layers of nominal 2-inch thick pressure treated wood, a single layer of nominal ¾-inch thick, pressure-treated plywood with a maximum size of 16 inches by 16 inches, or at least two layers of ¾-inch thick, pressure-treated plywood for sizes greater than 16 inches by 16 inches. Plywood used for this purpose is to be rated exposure 1 or exterior sheathing, in accordance with PS1-95, Construction and Industrial Plywood (incorporated by reference). 2. Pressure-treated lumber is to be treated with a water-borne adhesive, in accordance with AWPA Standard U1-04 (incorporated by reference) for Use Category 4B ground contact applications. 3. Cut ends of pressure treated lumber must be field-treated, in accordance with AWPA Standard M4-02 (incorporated by reference).

3. ABS footing pads 1. ABS footing pads are permitted provided they are installed in accordance with the pad manufacturer installation instructions and certified for use in the soil classification at the site. 2. ABS footing pads must be listed or labeled for the required load capacity.

4. Other materials

Footings may be of other materials than those identified in this section, provided they are listed for such use and meet all other applicable requirements of this subchapter.

B. Placement in Freezing Climates

Footings placed in freezing climates must be designed using methods and practices that prevent the effects of frost heave by one of the following methods:

1. Conventional footings

Conventional footings must be placed below the frost line depth for the site unless an insulated foundation or monolithic slab is used (refer to Subchapter D, Section XII(B)(2) and Subchapter D, Section XII(B)(3)). When the frost line depth is not available from the LAHJ, a registered professional engineer, registered architect, or registered geologist must be consulted to determine the required frost line depth for the manufactured home site. This is not subject to the provisions in Subchapter A, Section II(C) that also require review by the manufacturer and approval by its DAPIA for any variations to the manufacturer’s installation instructions for support and anchoring.

2. Monolithic slab systems

A monolithic slab is permitted above the frost line when all relevant site-specific conditions, including soil characteristics, site preparation, ventilation, and insulative properties of the under floor enclosure are considered and anchorage requirements are accommodated as set out in Subchapter E, Section I. The monolithic slab system must be designed by a registered professional engineer or registered architect:

a. In accordance with acceptable engineering practice to prevent the effects of frost heave; or

• 1. In accordance with SEI/ASCE 32-01 (incorporated by reference).

1. Insulated foundations

An insulated foundation is permitted above the frost line, when all relevant site-specific conditions, including soil characteristics, site preparation, ventilation, and insulative properties of the under the floor enclosure, are considered, and the foundation is designed by a registered professional engineer or registered architect:

a. In accordance with acceptable engineering practice to prevent the effects of frost heave; or

b. In accordance with SEI/ASCE 32-01 (incorporated by reference).

C. Sizing of footings

The sizing and layout of footings depends on the load-bearing capacity of the soil, footings, and the piers. -See Subchapter C, Sections II and III, and Table to Subchapter D, Section XII.

Figure A to Subchapter D, Section XII – Footings

Typical Blocking Diagram for Single Section Homes

Notes to Figure A:

Refer to Table 1 to Subchapter D, Section III for pier and footing requirements when frame blocking only is used.

In addition to blocking required by Subchapter D, Section XI, see Table 2 to Subchapter D, Section III for maximum perimeter blocking loads.

End piers under main I-beams may be set back a maximum of 24 inches, as measure from the outside edge of the floor to the center of the pier.

Place piers on both sides of sidewall exterior doors, patio doors, and sliding glass doors; under porch posts, factory-installed fireplaces, and fireplace stoves; under jamb studs at multiple window openings; and at any other sidewall openings 48 inches or greater in width. For roof loads of 40 psf or greater, a professional engineer or registered architect must determine the maximum sidewall opening permitted without perimeter supports. See Subchapter D, Section VII and Subchapter D, Section XI for additional requirements for locating perimeter supports.

Figure B to Subchapter D, Section XII – Footings

Typical Blocking Diagram for Multi-section Homes

See Figures A and B to Subchapter D, Section X for typical pier and footing requirements along the mate lines of multi-section homes.

Notes to Figure B:

Refer to Table 1 to Subchapter D, Section III for pier and footing requirements when frame blocking only is used.

In addition to blocking required by Subchapter D, Section XI, see Tables 2 and 3 to Subchapter D, Section III for maximum perimeter blocking loads.

End piers under main I-beams may be set back a maximum of 24 inches, as measured from the outside edge of the floor to center of the pier.

Place piers on both sides of sidewall exterior doors, patio doors, and sliding glass doors; under porch posts, factory-installed fireplaces, and fireplace stoves; under jamb studs at multiple window openings; and at any other sidewall openings 48 inches or greater in width. For roof loads of 40 psf or greater, a professional engineer or registered architect must determine the maximum sidewall opening permitted without perimeter supports or mating wall opening permitted without pier or other supports. See Subchapter D, Section VII and Subchapter D, Section XI for additional requirements for locating perimeter supports.

When an end pier under the mate-line also serves as a column pier, it may be set back a maximum of 6 inches, as measured from the inside edge of the exterior wall to the center of the pier.

Table to Subchapter D, Section XII – Footings

The Size & Capacity for Unreinforced Cast-in-Place Footings

Soil

capacity (psf)

Minimum footing

Size (in.)

8 in. x 16 in. pier

16 in. x 16 in. pier

Maximum

footing capacity (lbs)

Unreinforced cast-in-place minimum thickness (in.)

Maximum

footing capacity (lbs)

Unreinforced cast-in-place minimum thickness (in.)

1,000

16 x 16

1,600

6

1,600

6

20 x 20

2,600

6

2,600

6

24 x 24

3,700

6

3,700

6

30 x 30

5,600

8

5,800

6

36 x 36

7,900

10

8,100

8

42 x 42

4 10,700

10

10,700

10

48 x 48

4 13,100

12

13,600

10

1,500

16 x 16

2,500

6

2,500

6

20 x 20

4,000

6

4,000

6

24 x 24

5,600

8

5,700

6

30 x 30

4 8,500

10

8,900

8

36 x 36

4 12,400

10

12,600

8

42 x 42

4 16,500

12

416,800

10

48 x 48

4 21,200

14

421,600

12

2,000

16 x 16

3,400

6

3,400

6

20 x 20

5,300

6

5,300

6

24 x 24

7,600

8

7,700

6

30 x 30

4 11,700

10

11,900

8

36 x 36

4 16,700

15

4 16,900

10

42 x 42

4 21,700

18

4 22,700

12

2,500

16 x 16

4,300

6

4,300

6

20 x 20

6,700

6

6,700

6

24 x 24

4 9,600

8

9,700

6

30 x 30

4 14,800

10

15,000

8

36 x 36

4 20,700

12

4 21,400

10

3,000

16 x 16

5,200

6

5,200

6

20 x 20

8,100

8

8,100

6

24 x 24

4 11,500

10

11,700

6

30 x 30

4 17,800

12

4 18,100

8

36 x 36

4 25,400

14

4 25,900

10

4,000

16 x 16

7,000

6

7,000

6

20 x 20

4 10,800

8

10,900

6

24 x 24

4 15,500

10

15,600

8

30 x 30

4 23,300

12

4 24,200

10

Notes to Table:

The footing sizes shown are for square pads and are based on the area (in.²), shear and bending required for the loads shown. Other configurations, such as rectangular or circular configurations, can be used, provided the area and depth is equal to or greater than the area and depth of the square footing shown in the table, and the distance from the edge of the pier to the edge of the footing is not less than the thickness of the footing.

The 6 inch cast-in-place values can be used for 4 inch unreinforced precast concrete footings.

The capacity values listed have been reduced by the dead load of the concrete footing.

Concrete block piers must not exceed their design capacity of 8,000 lbs for 8” x 16” single stack block and 16,000 lbs for 16” x 16” double stack block.

A registered professional engineer or registered architect must prepare the design, if the design loads exceed the capacity for single or double stack concrete block piers shown in footnote 4.

XIII. Combination Systems

Support systems that combine both load-bearing capacity and uplift resistance must also be sized and designed for all applicable design loads.

XIV. [Reserved]

XV. Special Snow Load Conditions

A. General

Foundations for homes designed for and located in areas with roof live loads greater than 40 psf must be designed by the manufacturer for the special snow load conditions in accordance with acceptable engineering practice. Where site or other conditions, final determination to be made by the Manufactured Housing Board, prohibit the use of the manufacturer’s instructions, a registered professional engineer or registered architect must design the foundation for the special snow load conditions.

B. Ramadas

Ramadas may be used in areas with roof live loads greater than 40 psf. Ramadas shall be self-supporting, except any connection to the home shall be for weatherproofing only.

SUBCHAPTER E – ANCHORAGE AGAINST WIND

I. Anchoring Instructions

A. After blocking and leveling, the manufactured home shall be secured against the wind by use of anchor assembly type installations or by connecting the home to an alternative foundation system. See Subchapter D, Section I.

B. For anchor assembly type installations, the installation instructions must require the home to be secured against the wind as described in this section. The installation instructions and design for anchor type assemblies must be prepared by a registered professional engineer or registered architect, in accordance with acceptable engineering practice, the design loads of the MHCSS, and Subchapter D, Section I.

All anchoring and foundation systems must be capable of meeting the loads that the home was designed to withstand required by part 3280 and Subchapter D, as shown on the home’s data plate.

Exception: Manufactured homes that are installed in less restrictive roof load zone and wind zone areas may have foundation or anchorage systems that are capable of meeting the lower design load provision of the Standards, if the design for the lower requirements is either provided in the installation instructions or the foundation and anchorage system is designed by a professional registered engineer or registered architect.

D. The installation instructions are to include at least the following information and details for anchor assembly-type installation:

1. The maximum spacing for installing diagonal ties and any required vertical ties or straps to ground anchors;

2. The minimum and maximum angles or dimensions for installing diagonal ties or straps to ground anchors and the main chassis members of the manufactured home;

3. Requirements for connecting the diagonal ties to the main chassis members of the manufactured home. If the diagonal ties are attached to the bottom flange of the main chassis beam, the frame must be designed to prevent rotation of the beam;

4. Requirements for longitudinal and mating wall tie-downs and anchorage;

5. The method of strap attachment to the main chassis member and ground anchor, including provisions for swivel-type connections;

6. The methods for protecting vertical and diagonal strapping at sharp corners by use of radius clips or other means; and

7. As applicable, the requirements for sizing and installation of stabilizer plates.

II. Ground Anchor Installations

Ground Anchor Certification and Testing

Each ground anchor must be manufactured and provided with installation instructions, in accordance with its listing or certification. A nationally recognized testing agency must list, or a registered professional engineer or registered architect must certify, the ground anchor for use in a classified soil (refer to Subchapter C, Section II), based on a nationally recognized testing protocol, or a registered professional engineer or registered architect must certify that the ground anchor is capable of resisting all loads in Paragraph B of this section for the soil type or classification.

Specification for Tie-down Straps and Ground Anchors

1. Ground Anchors

Ground anchors must be installed in accordance with their listing or certification, be installed to their full depth, be provided with protection against weather deterioration and corrosion at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz./ft² of surface coated, and be capable of resisting a minimum ultimate load of 4,725 lbs, and a working load of 3,150 lbs, as installed, unless reduced capacities are noted in accordance with Note 11 of Table 1 to this section or Note 12 of Tables 2 and 3 to this section. The ultimate load and working load of ground anchors and anchoring equipment must be determined by a registered professional engineer or registered architect, or tested by a nationally recognized third-party testing agency in accordance with a nationally recognized testing protocol.

2. Tie-Down Straps

A 1 ¼ inch x 0.035 inch or larger steel strapping conforming to ASTM D 3953-97, Standard Specification for Strapping, Flat Steel and Seals (incorporated by reference), Type 1, Grade 1, Finish B, with a minimum total capacity of 4,725 lbs and a working capacity of 3,150 lbs must be used. The tie-down straps must be provided with protection against weather deterioration and corrosion at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz./ft²of surface coated. Slit or cut edges of coating strapping need not be zinc coated.

Number and Location of Ground Anchors

1. Ground anchor and anchor strap spacing must be:

• 1. No greater than the spacing shown in Tables 1 through 3 to this section and Figures A and B to this section; or 2. Designed by a registered professional engineer or registered architect, in accordance with accepting engineering practice and the requirements of the MHCSS for any conditions that are outside the parameters and applicability of the Tables 1 through 3 to this section.

2. The requirements in Paragraph C of this section must be used to determine the maximum spacing of ground anchors and their accompanying anchor straps, based on the soil classification determined in accordance with Subchapter C, Section II:

a. The installed ground anchor type and size (length) must be listed for use in the soil class at the site and for the minimum and maximum angle permitted between the diagonal strap and the ground; and

b. All ground anchors must be installed in accordance with their listing or certification and the ground anchor manufacturer installation instructions; and

c. If required by the ground anchor listing or certification, the correct size and type of stabilizer plate is installed. If metal stabilizer plates are used, they must be provided with protection against weather deterioration and corrosion at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz./ft²of surface coated. Alternatively, ABS stabilizer plates may be used when listed and certified for such use.

3. Longitudinal Anchoring

Manufactured homes must also be stabilized against wind in the longitudinal direction in all Wind Zones. Manufactured homes located in Wind Zones II and III must have longitudinal ground anchors installed on the ends of the manufactured home transportable section(s) or be provided with alternative systems that are capable of resisting wind forces in the longitudinal direction. See Figure C to Subchapter E, Section II for an example of one method that may be used to provide longitudinal anchoring. A registered professional engineer or registered architect must certify the longitudinal anchoring method or any alternative system used as adequate to provide the required stabilization, in accordance with acceptable engineering practice.

Figure A to Subchapter E, Section II – Ground Anchor Installations

Ground Anchor Locations and Spacing (Plan View)

Notes to Figure A:

1. Refer to Tables 1, 2, and 3 to this section for maximum ground anchor spacing.
2. Longitudinal anchors not shown for clarity; refer to Subchapter E, Section II(B)(2) for longitudinal anchoring requirements.

Figure B to Subchapter E, Section II – Ground Anchor Installation

Anchor Strap and Pier Relationship

Notes to Figure B:

Vertical straps are not required in Wind Zone 1.

The frame must be designed to prevent rotation of the main chassis beam when the diagonal ties are not attached to the top flange of the beam. See Subchapter E, Section I(D)(3).

Figure C to Subchapter E, Section II – Ground Anchor Installation

Longitudinal Anchoring

Table 1 to Subchapter E, Section II – Ground Anchor Installation

Maximum Diagonal Tie-down Strap Spacing

Wind Zone I

Nominal floor width, single section/multi-section

Max. height from ground to diagonal strap attachment

I-beam spacing 82.5 in.

I-beam spacing 99.5 in.

12/24 ft. 144 in. nominal section(s) ........................

25 in ...................................

33 in ...................................

46 in ...................................

67 in ...................................

14 ft. 2 in ...........................

11 ft. 9 in ...........................

9 ft. 1 in .............................

N/A .....................................

N/A

N/A

N/A

N/A

14/28 ft. 168 in. nominal section(s) ........................

25 in ...................................

33 in ...................................

46 in ...................................

67 in ...................................

18 ft. 2 in ...........................

16 ft. 1 in ...........................

13 ft. 3 in ...........................

10 ft. 0 in ...........................

15 ft. 11 in

13 ft. 6 in.

10 ft. 8 in.

N/A

16/32 ft. 180 in. to 192 in. nominal section(s) .........

25 in ...................................

33 in ...................................

46 in ...................................

67 in ...................................

N/A .....................................

19 ft. 0 in ...........................

16 ft. 5 in ...........................

13 ft. 1 in ...........................

19 ft. 5 in.

17 ft. 5 in.

14 ft. 7 in.

11 ft. 3 in.

Notes to Table 1:

Table is based on maximum 90 in. sidewall height.

Table is based on maximum 4 in. inset for ground anchor head from edge of floor or wall.

Table is based on main rail (I-beam) spacing per given column.

Table is based on maximum 4 in. eave width for single-section homes and maximum 12 in. for multi-section homes.

Table is based on maximum 20-degree roof pitch (4.3/12).

Table is based upon the minimum height between the ground and the bottom of the floor joist being 18 inches. Interpolation may be required for other heights from ground to strap attachment.

Additional tie-downs may be required per the home manufacturer instructions.

Ground anchors must be certified for these conditions by a professional engineer, architect, or listed by a nationally recognized testing laboratory.

Ground anchors must be installed to their full depth, and stabilizer plates, if required by the ground anchor listing or certification, must also be installed in accordance with the listing or certification and in accordance with the ground anchor and home manufacturer instructions.

Strapping and anchoring equipment must be certified by a registered professional engineer or registered architect, or listed by a nationally recognized testing agency to resist these specified forces, in accordance with testing in ASTM D 3953-97, Standard Specification for Strapping, Flat Steel and Seals (incorporated by reference).

A reduced ground anchor or strap working load capacity will require reduced tie-down strap and anchor spacing.

Ground anchors must not be spaced closer than the minimum spacing permitted by the listing or certification.

Table is based on a 3,150 lbs. working load capacity, and straps must be placed within 2 ft. of the ends of the home.

Table is based on a minimum angle of 30 degrees and a maximum angle of 60 degrees between the diagonal strap and the ground.

Table does not consider flood or seismic loads and is not intended for use in flood or seismic hazard areas. In those areas, the anchorage system is to be designed by a professional engineer or architect.

Table 2 to Subchapter E, Section II – Ground Anchor Installation

Maximum Diagonal Tie-down Strap Spacing

Wind Zone II

Nominal floor width, single section/multi-section

Max. height from ground to diagonal strap attachment

Near beam method I-beam spacing

Second beam method I-beam spacing

82.5 in.

99.5 in.

82.5 in.

99.5 in.

12 ft./24 ft. 144 in. nominal section(s).

25 in ............................

6 ft. 2 in ................

| | | --- |

4 ft. 3 in ………..

N/A ……

N/A

33 in .............................

5 ft. 2 in ................

N/A ...................

N/A ......

N/A

46 in .............................

4 ft. 0 in …………..

N/A ...................

N/A ......

N/A

67 in .............................

N/A .......................

N/A ....................

6 ft. 1 in ..

6 ft. 3 in

14 ft./28 ft. 168 in. nominal section(s).

25 in ..............................

7 ft. 7 in..................

6 ft. 9 in .............

N/A ......

N/A

33 in ..............................

6 ft. 10 in ..............

5 ft. 9 in .............

N/A ......

N/A

46 in ..............................

5 ft. 7 in ................

4 ft. 6 in…………

N/A ......

N/A

67 in ..............................

4 ft. 3 in …………..

N/A ....................

N/A ......

N/A

16 ft./32 ft. 180 in. to 192 in. nominal section(s).

25 in ..............................

N/A .......................

7 ft. 10 in ...........

N/A ......

N/A

33 in .............................

7 ft. 6 in ................

7 ft. 2 in .............

N/A ......

N/A

46 in ..............................

6 ft. 9 in ................

6 ft. 0 in .............

N/A ......

N/A

67 in .............................

5 ft. 4 in ................

…………………..

4 ft. 7 in ………...

N/A .......

N/A

Notes to Table 2:

Table is based on maximum 90 in. sidewall height.

Table is based on maximum 4 in. inset for ground anchor head from edge of floor or wall.

Tables are based on main rail (I-beam) spacing per given column.

Table is based on maximum 4 in. eave width for single-section homes and maximum 12 in. for multi-section homes.

Table is based on maximum 20-degree roof pitch (4.3⁄12).

All manufactured homes designed to be located in Wind Zone II must have a vertical tie installed at each diagonal tie location.

Table is based upon the minimum height between the ground and the bottom of the floor joist being 18 inches. Interpolation may be required for other heights from ground to strap attachment.

Additional tie-downs may be required per the home manufacturer instructions.

Ground anchors must be certified by a professional engineer, or registered architect, or listed by a nationally recognized testing laboratory.

Ground anchors must be installed to their full depth, and stabilizer plates, if required by the ground anchor listing or certification, must also be installed in accordance with the listing or certification and in accordance with the ground anchor and home manufacturer instructions.

Strapping and anchoring equipment must be certified by a registered professional engineer or registered architect, or must be listed by a nationally recognized testing agency to resist these specified forces, in accordance with testing procedures in ASTM D 3953-97, Standard Specification for Strapping, Flat Steel and Seals (incorporated by reference, see §3285.4).

A reduced ground anchor or strap working load capacity will require reduced tie-down strap and anchor spacing.

Ground anchors must not be spaced closer than the minimum spacing permitted by the listing or certification.

Table is based on a 3,150 lbs. working load capacity, and straps must be placed within 2 ft. of the ends of the home.

Table is based on a minimum angle of 30 degrees and a maximum angle of 60 degrees between the diagonal strap and the ground.

Table does not consider flood or seismic loads and is not intended for use in flood or seismic hazard areas. In those areas, the anchorage system is to be designed by a professional engineer or architect.

Table 3 to Subchapter E, Section II – Ground Anchor Installation

Maximum Diagonal Tie-down Strap Spacing

Wind Zone III

Nominal floor width, single section/multi-section

Max. height from ground to diagonal strap attachment

Near beam method I–beam spacing

Second beam method

I–beam spacing

82.5 in.

99.5 in.

82.5 in.

99.5 in.

12 ft/24 ft. 144 in. nominal section(s).

25 in ........................

5 ft.1 in .............

N/A .................

N/A ...........

N/A

33 in .........................

46 in .........................

67 in .........................

4 ft.3 in .............

N/A .....................

N/A .....................

N/A .................

N/A .................

N/A .................

N/A ............

N/A ...……..

N/A ............

N/A

N/A

N/A

14 ft/28 ft. 168 in. nominal section(s).

25 in ........................

6 ft. 2 in .............

5 ft. 7 in ...........

N/A ............

N/A

33 in ........................

5 ft. 8 in .............

4 ft. 9 in ...........

N/A ............

N/A

46 in ........................

4 ft. 8 in ................

N/A .................

N/A ............

N/A

67 in .........................

N/A ....................

N/A .................

N/A ...........

N/A

16 ft/32 ft. 180 in. to 192 in. nominal section(s).

25 in .........................

N/A ....................

6ft. 3 in .............

N/A ............

N/A

33 in .........................

6 ft. 1 in ............

5 ft. 11 in ..........

N/A ............

N/A

46 in .........................

5 ft. 7 in .............

5 ft. 0 in ............

N/A ............

N/A

67 in .........................

4 ft.5 in .............

N/A …………….

N/A ............

N/A

Notes to Table 3:

Table is based on maximum 90 in. sidewall height.

Table is based on maximum 4 in. inset for ground anchor head from edge of floor or wall.

Tables are based on main rail (I-beam) spacing per given column.

Table is based on maximum 4 in. eave width for single-section homes and maximum 12 in. for multi-section homes.

Table is based on maximum 20-degree roof pitch (4.3⁄12).

All manufactured homes designed to be located in Wind Zone III must have a vertical tie installed at each diagonal tie location.

Table is based upon the minimum height between the ground and the bottom of the floor joist being 18 inches. Interpolation may be required for other heights from ground to strap attachment.

Additional tie-downs may be required per the home manufacturer instructions.

Ground anchors must be certified by a professional engineer or registered architect, or listed by a nationally recognized testing laboratory.

Ground anchors must be installed to their full depth, and stabilizer plates, if required by the ground anchor listing or certification, must also be installed in accordance with the listing or certification and in accordance with the ground anchor and home manufacturer instructions.

Strapping and anchoring equipment must be certified by a registered professional engineer or registered architect, or must be listed by a nationally recognized testing agency to resist these specified forces, in accordance with testing in ASTM D 3953-97, Standard Specification for Strapping, Flat Steel and Seals (incorporated by reference, see §3285.4).

A reduced ground anchor or strap working load capacity will require reduced tie-down strap and anchor spacing.

Ground anchors must not be spaced closer than the minimum spacing permitted by the listing or certification.

Table is based on a 3,150 lbs. working load capacity, and straps must be placed within 2 ft. of the ends of the home.

Table is based on a minimum angle of 30 degrees and a maximum of 60 degrees between the diagonal strap and the ground.

Table does not consider flood or seismic loads and is not intended for use in flood or seismic hazard areas. In those areas, the anchorage system is to be designed by a professional engineer or architect.

III. Sidewall, Over-the-roof, Mate-line, and Shear Wall Straps

If sidewall, over-the-roof, mate-line, or shear wall straps are installed on the home, they must be connected to an anchoring assembly.

IV. Severe Climatic Conditions

In frost-susceptible soil locations, ground anchor augers must be installed below the frost line, unless the foundation system is frost-protected to prevent the effects of frost heave, in accordance with acceptable engineering practice, part 3280.306, and Subchapter D, Section XII.

V. Severe Wind Zones

When any part of a home is installed within 1,500 feet of a coastline in Wind Zones II or III, the manufactured home must be designed for the increased requirements as specified on the home’s data plate (refer to part 3280.5(f)) in accordance with acceptable engineering practice. Where site or other conditions prohibit the use of the manufacturer’s instructions, a registered professional engineer or registered architect in accordance with acceptable engineering practice, must design anchorage for the special wind conditions.

VI. Flood Hazard Areas

Refer to Subchapter D, Section II for anchoring requirements in flood hazard areas.

SUBCHAPTER F – OPTIONAL FEATURES

I. Home Installation Manual Supplements

Supplemental instructions for optional equipment or features must be approved by the DAPIA as not taking the home out of conformance with the requirements of this subchapter or part 3280, and included with the manufacturer installation instructions.

II. Expanding Rooms

The support and anchoring systems for expanding rooms must be installed in accordance with designs provided by the home manufacturer or prepared by a registered professional engineer or registered architect, in accordance with acceptable engineering practice.

III. Optional Appliances

A. Comfort cooling systems

When not provided and installed by the home manufacturer, any comfort cooling systems that are installed must be installed according to the appliance manufacturer’s installation instructions.

1. Air conditioners

Air conditioning equipment must be listed or certified by a nationally recognized testing agency for the application for which the unit is intended and installed in accordance with the terms of its listing or certification (see part 3280.714):

a. Energy efficiency

(i) Site-installed central air conditioning equipment must be sized to meet the home’s heat gain requirement in Chapter 28 of the 1997 ASHRAE Handbook of Fundamentals (incorporated by reference) or ACCA Manual J, Residential Cooling Load , 8^th edition (incorporated by reference). Information necessary to calculate the home’s heat gain can be found on the home’s comfort cooling certificate.

(ii) The BTU/hr. rated capacity of the site-installed air conditioning equipment must not exceed the air distribution system’s rated BTU/hr. capacity as shown on the home’s compliance certificate.

b. Circuit rating

If a manufactured home is factory provided with an exterior outlet to energize heating and/or air conditioning equipment, the branch circuit rating on the tag adjacent to this outlet must be equal to or greater than the minimum circuit amperage identified on the equipment rating plate.

c. A-coil units

(i) A-coil air conditioning units must be compatible and listed for use with the furnace in the home and installed in accordance with the appliance manufacturer’s instructions.

(ii) The air conditioner manufacturer instructions must be followed.

(iii) All condensation must be directed beyond the perimeter of the home by means specified by the equipment manufacturer.

2. Heat Pumps

Heat pumps must be listed or certified by a nationally recognized testing agency for the application for which the unit is intended and installed in accordance with the terms of its listing or certification (See part 3280.714).

3. Evaporative Coolers

a. A roof-mounted cooler must be listed or certified by a nationally recognized testing agency for the application for which the unit is intended and installed in accordance with the terms of its listing

(See part 3280.714):

(i) Any discharge grill must not be closer than three feet from a smoke alarm.

(ii) Before field installing a roof mounted evaporative cooler on-site, the installer must ensure that the roof will support the weight of the cooler.

(iii) A rigid base must be provided to distribute the cooler weight over multiple roof trusses to adequately support the weight of the evaporative cooler.

b. An evaporative cooler that is not roof-mounted is to be installed in accordance with the requirements of its listing or the equipment manufacturer’s instructions, whichever is the more restrictive.

B. Fireplaces and Wood-Stoves

When not provided by the home manufacturer, fireplaces and wood-stoves including chimneys and air inlets for fireplaces and wood stoves must be listed for use with manufactured homes and must be installed in accordance with their listings.

C. Appliance Venting

1. All fuel burning heat producing appliances of the vented type except ranges and ovens must be vented to the exterior of the home.

2. Upon completion, the venting system must comply with all requirements of 3280.707(b) and 3280.710 of the MHCSS.

3. When the vent exhausts through the floor, the vent must not terminate under the home and must extend to the home’s exterior and through any skirting that may be installed.

Clothes Dryer Exhaust Duct System

A clothes dryer exhaust duct system must conform with and be completed in accordance with the appliance manufacturer instructions and part 3280.708. The vents must exhaust to the exterior of the home, beyond any perimeter skirting installed around it, as shown in the Figure to Subchapter F, Section III.

Figure to Subchapter F, Section III – Optional Appliances: Dryer Exhaust System

Notes to Figure:

1. Installation of the exhaust system must be in accordance with the dryer manufacturer instructions
2. Dryer exhaust system must not contain reverse slope or terminate under the home.

IV. Skirting

Skirting, if used, must be of weather-resistant materials or provided with protection against weather deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz./ft.² of surface coated.

Skirting must not be attached in a manner that can cause water to be trapped between the siding and trim or forced up into the wall cavities trim to which it is attached.

All wood skirting within 6 inches of the ground must be pressure-treated in accordance with AWPA Standard U1 (incorporated by reference) for Use Category 4A, Ground Anchor Contact Applications, or be naturally resistant to decay and termite infestations.

Skirting must not be attached in a manner that impedes the contraction and expansion characteristics of the home’s exterior covering.

V. Crawlspace Ventilation

A. A crawlspace with skirting must be provided with ventilation openings. The minimum net area of ventilation openings must not be less than one square foot (ft.²) for every 150 square feet (ft.²) of the home’s floor area. The total area of ventilation openings may be reduced to one square foot (ft.²) for every 1,500 square feet (ft.²) of the home’s floor area, where a uniform 6-mil polyethylene sheet material or other acceptable vapor retarder is installed according to Subchapter C, Section IV, on the ground surface beneath the entire floor area of the home.

Ventilation openings must be placed as high as practicable above the ground.

Ventilation openings must be located on at least two opposite sides to provide cross-ventilation.

Ventilation openings must be covered for their full height and width with a perforated corrosion and weather-resistant covering that is designed to prevent the entry of rodents. In areas subject to freezing, the coverings for the ventilation openings must also be of the adjustable type, permitting them to be in the open or closed position, depending on the climatic conditions.

Access opening(s) not less than 18 inches in width and 24 inches in height and not less than three square feet (ft.²) in area must be provided and must be located so that any utility connections under the home are accessible.

Dryer vents and combustion air inlets must pass through the skirting to the outside. Any surface water runoff from the furnace, air conditioning, or water heater drains must be directed away from under the home or collected by other methods identified in Subchapter C, Section III.

SUBCHAPTER G – DUCTWORK AND PLUMBING AND FUEL SUPPLY SYSTEMS

I. Field Assembly

Home manufacturers must provide specific installation instructions for the proper field assembly of manufacturer-supplied and shipped loose ducts, plumbing, and fuel supply system parts that are necessary to join all sections of the home and are designed to be located underneath the home. The installation instructions must be designed in accordance with applicable requirements of part 3280, Subchapters G and H, as specified in this subchapter.

II. Utility Connections

Refer to Subchapter J for considerations for utility system connections.

III. Water Supply

Crossover

Multi-section homes with plumbing in both sections require water-line crossover connections to join all sections of the home. The crossover design requirements are located in, and must be designed in accordance with part 3280.609.

Maximum Supply Pressure and Reduction

When the local water supply pressure exceeds 80 psi to the manufactured home, a pressure-reducing valve must be installed.

Mandatory Shutoff Valve

1. An identified and accessible shutoff valve must be installed between the water supply and the inlet.

2. The water riser for the shutoff value connection must be located underneath the home.

3. The shutoff valve must be a full-flow gate or ball valve, or equivalent valve.

4. Water riser pipes shall be a minimum ¾ in. nominal diameter and extend a minimum of 6 in. above ground elevation. Surface water shall be diverted from the riser.

D. Wells as a Source of Supply

A well shall not be located within the boundaries of a manufactured home pad.

Freezing Protection

Water line crossovers completed during installation must be protected from freezing. The freeze protection design requirements are located in, and must be designed in accordance with the requirements of part 3280.603.

1. If subject to freezing temperatures, the water connection must be wrapped with insulation or otherwise protected to prevent freezing.

2. In areas subject to freezing or subfreezing temperatures, exposed sections of water supply piping, shutoff valves, pressure reducers, and pipes in water heater compartments must be insulated or otherwise protected from freezing.

3. Use of pipe heating cable

Only pipe heating cable listed for manufactured home use is permitted to be used, and it must be installed in accordance with the cable manufacturer installation instructions.

Testing Procedures

1. The water system must be inspected and tested for leaks after completion at the site. The installation instructions must provide testing requirements that are consistent with part 3280.612.

2. The water heater must be disconnected when using an air-only test.

IV. Drainage Systems

A. Crossovers

Multi-section homes with plumbing in more than one section require drainage system crossover connections to join all sections of the home. The crossover design requirements are located in, and must be designed in accordance with part 3280.610.

B. Assembly and Support

If portions of the drainage system were shipped loose because they were necessary to join all sections of the home and designed to be located underneath the home, they must be installed and supported in accordance with 3280.608.

C. Proper Slopes

Drains must be completed in accordance with 3280.610:

1. Drain lines must not slope less than one-quarter inch per foot, unless otherwise noted on the schematic diagram, as shown in the figure to Subchapter G, Section IV.

2. A slope of one-eighth inch per foot may be permitted when a clean-out is installed at the upper end of the run.

D. Testing Procedures

The drainage system must be inspected and tested for leaks after completion at the site. The installation instructions must provide testing requirements that are consistent with 3280.612.

Figure to Subchapter G, Section IV – Drainage Systems

Drain Pipe Slope and Connections

V. Fuel Supply System

A. Proper Supply Pressure

The gas piping system in the home is designed for a pressure that is at least 7 inches of water column [4 oz./in.² or 0.25 psi] and not more than 14 inches of water column [8 oz./in.² or 0.5 psi]. If gas from any supply source exceeds, or could exceed this pressure, a regulator may be installed if required by the State of Maine Propane and Natural Gas Board.

B. Crossovers

1. Multi-section homes with fuel supply piping in both sections require crossover connections to join all sections of the home. The crossover design requirements are located in, and must be designed in accordance with 3280.705.

2. Tools must not be required to connect or remove the flexible connector quick-disconnect.

C. Testing Procedures

The gas system must be inspected and tested for leaks after the completion at the site. The installation instructions must provide testing requirements that are consistent with 3280.705.

VI. Ductwork Connections

A. Multi-section homes with ductwork in more than one section require crossover connections to complete the duct system of the home. All ductwork connections, including duct collars, must be sealed to prevent air leakage. Galvanized metal straps or tape and mastics must be used around the duct collar and secured tightly to make all connections.

B. If metal straps are used, they must be secured with galvanized sheet metal screws.

C. Metal ducts must be fastened to the collar with a minimum of three galvanized sheet metal screws equally spaced around the collar.

D. Air conditioning or heating ducts must be installed in accordance with applicable requirements of the duct manufacturer installation instructions.

E. The duct must be suspended or supported above the ground by straps or other means that are spaced at a maximum distance not to exceed 4’0” or as otherwise permitted by the installation instructions. When straps are used to support a flexible type duct, the straps must be at least ½” wider than the spacing of the metal spirals encasing the duct. The ducts must be installed such that the straps cannot slip between any two spirals and arranged under the floor to prevent compression or kinking in any location, as shown in Figures A and B to this section. In-floor crossover ducts are permitted in accordance with Subchapter G, Section VI(G).

F. Crossover ducts outside the thermal envelope must be insulated with materials that conform to designs consistent with part 3280, Subchapter F.

In-floor or ceiling crossover duct connections must be installed and sealed to prevent air leakage.

Figure A to Subchapter G, Section VI – Ductwork Connections

Crossover Duct Installation With Two Connecting Ducts

Notes to Figure A:

This system is typically used when a crossover duct has not been built into the floor and the furnace is outside the I-Beam. With this type of installation, it is necessary for two flexible ducts to be installed.

The crossover duct must be listed for exterior use.

Figure B to Subchapter G, Section VI – Ductwork Connections

Crossover Duct Installation with One Connecting Duct

Notes to Figure B:

This system is typically used when a crossover duct has not been built into the floor and the furnace is situated directly over the main duct in one section of the home. A single flexible duct is then used to connect the two sections to each other.

The crossover duct must be listed for exterior use.

SUBCHAPTER H – ELECTRICAL SYSTEMS AND EQUIPMENT

I. Electrical Crossovers

Multi-section homes with electrical wiring in more than one section require crossover connections to join all sections of the home. The crossover must be designed in accordance with part 3280, Subchapter I, and completed in accordance with the directions provided in the installation instructions.

II. Miscellaneous Lights and Fixtures

A. When the home is installed, exterior lighting fixtures, ceiling-suspended (paddle) fans, and chain-hung lighting fixtures are permitted to be installed in accordance with their listings and part 3280, Subchapter I.

Grounding

1. All the exterior lighting fixtures and ceiling fans installed per Subchapter H, Section II(A) must be grounded by a fixture-grounding device or by a fixture-grounding wire.

2. For chain-hung lighting fixtures, as shown in Figure A to this section, both a fixture-grounding device and a fixture-grounding wire must be used. The identified conductor must be the neutral conductor.

C. Where lighting fixtures are mounted on combustible surfaces such as hardboard, a limited combustible or noncombustible ring, as shown in Figures A and B to this section, must be installed to completely cover the combustible surface exposed between the fixture canopy and the wiring outlet box.

D. Exterior Lights

1. The junction box covers must be removed and wire-to-wire connections must be made using listed wire connectors.

2. Wires must be connected black-to-black, white-to-white, and equipment ground-to-equipment ground.

The wires must be pushed into the box, and the lighting fixture must be secured to the junction box.

The lighting fixture must be caulked around its base to ensure a watertight seal to the sidewall.

The light bulb must be installed and the globe must be attached.

E. Ceiling Fans

1. Ceiling-suspended (paddle) fans must be connected to the junction box listed and marked for ceiling fan application, in accordance with Article 314.27(b) of the National Electrical Code , NFPA 70-2005 (incorporated by reference);

2. The ceiling fan must be installed with the trailing edges of the blades at least 6 feet 4 inches above the finished floor; and

3. The wiring must be connected in accordance with the product manufacturer installation instructions.

F. Testing

1. After completion of all electrical wiring and connections, including crossovers, electrical lights, and ceiling fans, the electrical system must be inspected and tested at the site, in accordance with the testing requirements of 3280.810(b).

2. The installation instructions must indicate that each manufactured home must be subjected to the following tests:

a. An electrical continuity test to ensure that metallic parts are effectively bonded;

b. Operational tests of all devices and utilization equipment, except water heaters, electric ranges, electric furnaces, dishwashers, clothes washers/dryers, and portable appliances, to demonstrate that they are connected and in working order; and

c. For electrical equipment installed or completed during installation, electrical polarity checks must be completed to determine that connections have been made properly. Visual verification is an acceptable electrical polarity check.

Figure A to Subchapter H, Section II – Miscellaneous Lights and Fixtures

Typical Installation of Chain-Hung Lighting Fixture

Figure B to Subchapter H, Section II – Miscellaneous Lights and Fixtures

Typical Installation of Surface-Mounted Exterior Lighting Fixture

III. Smoke Alarms

Smoke alarms must be functionally tested in accordance with applicable requirements of the smoke alarm manufacturer instructions and must be consistent with 3280.208.

SUBCHAPTER I – EXTERIOR AND INTERIOR CLOSE-UP

I. Exterior Close-up

A. Exterior siding and roofing necessary to join all sections of the home must be installed according to the product manufacturer installation instructions and must be fastened in accordance with designs and manufacturer installation instructions consistent, with 3280.305 and 3280.307. Exterior close-up strips/trim must be fastened securely and sealed with exterior sealant. (Refer to Figure A to this section.)

B. Joints and Seams

All joints and seams in exterior wall coverings that were disturbed during location of the home must be made weatherproof.

Prior to installing the siding, the polyethylene sheeting covering exterior walls for transit must be completely removed.

D. Prior to completing the exterior close-up, any holes in the roofing must be made weatherproof and sealed with a sealant or other material that is suitable for use with the roofing in which the hole is made.

Mate-line Gasket

The home manufacturer must provide materials and designs for mate-line gaskets or other methods designed to resist the entry of air, water, water vapor, insects, and rodents at all mate-line locations exposed to the exterior (See Figure B to this section.)

Hinged Roofs and Eaves

Hinged roofs and eaves must be completed during installation in compliance with all requirements of the MHCSS (24 CFR part 3280) and the MHPER (24 CFR part 3282). Unless exempted by the following provisions, -hinged roofs are also subject to a final inspection for compliance with the MHCSS (24 CFR part 3280) by the IPIA or a qualified independent inspector acceptable to the IPIA. Homes with hinged roofs that are exempted from IPIA inspection are instead to be completed and inspected in accordance with the Manufactured Home Installation Program (24 CFR part 3286). This includes homes:

1. That are designed to be located in Wind Zone I;

2. In which the pitch of the hinged roof is less 7:12; and

In which fuel burning appliance flue penetrations are not above the hinge.

Figure A to Subchapter I, Section I – Exterior Close-up

Installation of Field-Applied Horizontal Lap Siding

Notes to Figure A:

1. Multi-section homes with horizontal-lap siding can be shipped with no siding on the front and rear end walls.
2. The manufacturer must install doors/windows trimmed with J-rail or the equivalent and protect all exposed materials not designed for exposure with plastic sheeting for transport. Siding, starter trim, and vents may be shipped loose in the home for installation on set-up.
3. All home installers must ensure that all field installed trim, windows, doors, and other openings are properly sealed according to the siding manufacturer installation instructions.

Figure B to Subchapter I, Section I – Exterior Close-up

Note to Figure B:

On multi-section manufactured homes, install the sealer gasket on the ceiling, end walls, and floor mate-line prior to joining the sections together.

II. Structural Interconnection of Multi-Section Homes

A. For multi-section homes, structural interconnections along the interior and exterior at the mate-line are necessary to join all sections of the home.

B. Structural interconnection must be designed in accordance with the requirements located in 3280.305 to ensure a completely integrated structure.

C. Upon completion of the exterior close-up, no gaps are permitted between the structural elements being interconnected along the mate-line of multi-section homes. However, prior to completion of the exterior close-up, gaps that do not exceed one inch are permitted between structural elements provided:

1. The gaps are closed before completion of the close-up;

2. The home sections are in contact with each other; and

3. The mate-line gasket is providing a proper seal. All such gaps must be shimmed with dimensional lumber, and fastener lengths used to make connections between the structural elements must be increased to provide adequate penetration into the receiving member.

III. Interior Close-up

A. All shipping blocking, strapping, or bracing must be removed from appliances, windows, and doors.

B. Interior close-up items necessary to join all sections of the home or items subject to transportation damage may be packaged or shipped with the home for site installation.

C. Shipped-loose wall paneling, necessary for the joining of all sections of the home must be installed by using polyvinyl acetate (PVA) adhesive on all framing members and fastened with minimum 1 ½ inch long staples or nails at 6 inches on center panel edges and 12 inches on center in the field unless, alternative fastening methods are permitted in the installation instructions (See the Figure to Section III.)

Figure to Subchapter I, Section III – Interior Close-up

Installation of Interior Field-Applied Panels

Note to Figure:

Specific designs must be approved by a DAPIA and included in the home manufacturer installation instructions.

IV. Bottom Board Repair

The bottom board covering must be inspected for any loosening or areas that might have been damaged or torn during installation or transportation. Any missing insulation is to be replaced prior to closure and repair of the bottom board.

Any splits or tears in the bottom board must be resealed with tape or patches in accordance with methods provided in the manufacturer’s installation instructions.

Plumbing P-traps must be checked to be sure they are well-insulated and covered.

All edges of repaired areas must be taped or otherwise sealed.

SUBCHAPTER J – ADDITIONAL REQUIREMENTS

I. General

A. Exemption

Manufactured homes, which are installed in compliance with these standards, are exempt from all state or political subdivision codes, standards or regulations covering the same matters. Other matters are under the authority of the LAHJ.

B. Alterations to the home by a licensed mechanic are prohibited.

C. Installation of Onsite Structures

Onsite structures attached to the home shall be installed according to the home manufacturer’s installation instructions or be designed and approved by a registered engineer or registered architect.

Onsite structures which support their own live load and dead loads and are not attached to the home are not covered by this standard and come under the authority of the LAHJ.

D. The home must be installed and leveled by a licensed mechanic.

E. The home shall be leveled so that all doors and windows operate as intended and plumbing drains function in a safe and sanitary manner.

II. Drainage

A. Drainage parts shall be installed only by a licensed installer or a plumber licensed by the Maine Plumbers’ Examining Board.

B. All drainage parts shipped loose with the home shall be installed according to the manufacturer’s instructions.

C. All other drainage shall be installed in compliance with the Maine State Internal Plumbing Code as adopted by the Maine Plumbers’ Examining Board.

D. The main drain line shall be connected to the site’s sewer hook-up using an elastomeric coupling, acceptable under the Maine State Internal Plumbing Code adopted by the Maine Plumbers’ Examining Board, as shown in the figure to this section:

Figure to Subchapter J, Section II – Connection to Site Sewer

III. Gas Systems

A. Licensed installers are prohibited from performing any gas system work.

B. A technician licensed by the Maine Fuel Board shall:

1. Assemble factory supplied loose shipped gas system parts

2. Convert an appliance from one gas type to another

3. Connect to on-site supply systems and tanks

4. Install propane tank or tanks and system components.

C. A technician licensed by the Maine Fuel Board shall:

1. Inspect all equipment shut-off valves

2. Light pilot lights when provided

3. Adjust burners and spark igniters

4. Inspect all line connections, vent connections and roof jacks

5. Install a natural gas or propane fired appliance in a home

D. All gas system work shall be performed in compliance with NFPA 54, National Fuel Gas Code , NFPA 58, LP Gas Code and other appropriate rules and codes as adopted by the Maine Fuel Board.

IV. Fuel Oil Systems

A. Licensed installers may install, in compliance with manufacturer’s instructions, loose shipped fuel oil appliance items.

B. All other fuel oil system work, not described in the manufacturer’s instructions, including oil supply tanks and fuel oil piping, shall be performed only by a licensed limited tank installer or other technician licensed by the Maine Fuel Board.

C. All fuel oil system work, not described in the manufacturer’s instructions, shall be done in compliance with NFPA 31, Installation of Oil Burning Equipment and Chapter 9, Installation of Oil Burning Equipment and other appropriate rules and codes as adopted by the Maine Fuel Board.

V. Electrical

A. Licensed installers may:

1. Install, in compliance with the manufacturer’s instructions, electrical equipment shipped loose with the home.

2. Connect the main panel to an existing service disconnect.

B. All other electrical work, not described in the manufacturer’s instructions, shall be performed by an electrician licensed by the Electricians’ Examining Board.

C. All other electrical work, not described in the manufacturer’s instructions, shall be done in compliance with NFPA 70, the National Electrical Code .

APPENDIX A: ROOF LOAD and WIND ZONES

I. Roof Load Zones

A. 40 psf Roof Load Zones

The following counties are deemed to be within the 40 psf roof load zone: Washington, Hancock, Aroostook, Somerset, Waldo, Penobscot, Knox and Piscataquis.

B. 30 psf Roof Load Zones

The following counties are deemed to be within the 30 psf roof load zone: York, Cumberland, Kennebec, Sagadahoc, Franklin, Oxford, Lincoln, and Androscoggin.

II. Wind Zones

A. Wind Zone I

The following counties are deemed to be within Wind Zone I: Aroostook, Somerset, Waldo, Franklin, Penobscot, Oxford, Piscataquis, York, Cumberland, Kennebec, Sagadahoc, Knox, Lincoln, and Androscoggin.

B. Wind Zone II…100 mph

The following counties are deemed to be within Wind Zone II: Hancock and Washington.

History

• STATUTORY AUTHORITY: 10 MRSA §§ 9005-A and 9006
• EFFECTIVE DATE: June 22, 2009 – filing 2009-256
• AMENDED: November 10, 2012 – Summary, Subchapter A Section VII, filing 2012-310
• AMENDED: February 5, 2018 – filing 2018-018
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 890) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 17 Used Manufactured Home Installation Standard (formerly 02-385 C.MR. Ch. 900)

Code Me. R. 08-004 Ch. 17 Used Manufactured Home Installation Standard {#sec-08-004-ch.-17 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 17}

Summary: These rules are drafted pursuant to 10 M.R.S. §9061 and implement 10 M.R.S. §§ 9062-9070 of the Maine Manufactured Housing Act . This chapter sets forth minimum requirements for the installation of used manufactured homes.

Subchapter A - General

Administration

A. Scope

These installation standards provide minimum requirements for the installation of used manufactured homes, wherever located in the State of Maine.

B. Intended Usage for Used Manufactured Homes Covered Under this Standard

The provisions of this standard are intended to apply to used manufactured homes (single section, multiple section or expanded types) for use as a single family dwelling.

Note 1: This standard does not apply to manufactured housing used for other than dwelling purposes.

Note 2: This standard does not apply to recreational vehicles as defined in NFPA 1192, Standard on Recreational Vehicles , or to park model trailers as defined in the ANSI A119.5, Park Model Recreational Vehicle Standard.

C. Types of Structures Covered

The used manufactured homes covered under this standard are defined in Subchapter A(II)(M) to this Chapter.

D. Applicability

This standard is applicable only to used manufactured homes and does not apply to state certified modular homes or other types of manufactured dwellings. The standard is designed for the safety and health of manufactured home users. It is intended to apply to all used manufactured homes. This standard provides useful technical data for improvements to existing sites falling within its scope and such is encouraged. However, manufactured housing community pads, which are now licensed, and all homes currently installed on private lots that may not comply with all design and construction standards of these rules, shall be deemed acceptable if capable of being maintained and operated in a safe and sanitary condition. This standard shall not be construed as relieving the installers of a used manufactured home of responsibility for compliance with the manufacturer's installation instructions, state and local ordinances, codes, and regulations. This standard does not relieve the manufactured home owner or occupant from responsibilities for the proper use and maintenance of a used manufactured home.

Definitions

Anchor assembly: “Anchor assembly” means any device or other means designed to transfer home anchoring loads to the ground.

Anchoring equipment: “Anchoring equipment” means ties, straps, cables, turnbuckles, chains, and other approved components, including tensioning devices, that are used to secure a manufactured home to anchor assemblies.

Anchoring system: “Anchoring system” means a combination of anchoring equipment and anchor assemblies that will, when properly designed and installed, resist the uplift, overturning, and lateral forces on the manufactured home and on its support and foundation system.

Data plate: “Data plate” means an information sheet located in the home

that identifies the manufacturer, serial number, wind zone, roof load zone, and climatic zone for which the home was constructed.

Diagonal tie: “Diagonal tie” means a tie intended to resist horizontal or shear forces, but which may resist vertical, uplift, and overturning forces.

Footing: “Footing” means that portion of the support system that transmits loads directly to the soil.

Foundation system: “Foundation system” means a site-built or site assembled system of stabilizing devices which are capable of transferring design dead loads and live loads and other design loads unique to local home sites due to wind, seismic, and water conditions, that are imposed by or upon the structure into the underlying soil bedrock without failure.

Ground anchor: “Ground anchor” means a specific anchoring assembly device designed to transfer manufactured home anchoring loads to the ground.

HUD: “HUD” means United States Department of Housing and Urban Development, a federal governmental agency.

Installation: “Installation” means the placing of manufactured housing on a foundation or supports at a building site and the assembly and fastening of structural components of manufactured housing, including the completed roof system, as specified in the manufacturer’s installation instructions. Installation also includes the connection to existing services, including but not limited to electrical, oil, water, sewage and similar systems that are necessary for the use of the manufactured housing for dwelling purposes.

K. Installation instructions:“Installation instructions” means DAPIA-approved instructions provided by the home manufacturer and detail the home manufacturer requirements for support and anchoring systems, and other work completed at the installation site.

Installer: “Installer” means any licensed manufacturer or dealer or an employee of a licensed manufacturer or dealer, or a person licensed as a mechanic who engages in the process of affixing, assembling or setting up of manufactured housing on foundations or supports at a building site.

M. Manufactured home: “Manufactured home” means a structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis to a building site. For purposes of this standard two types of manufactured housing are included. They are:

1. HUD-code homes, which are those units constructed after June 15, 1976 that the manufacturer certifies are constructed in compliance with the HUD standard, meaning structures, transportable in one or more sections that, in the traveling mode, are 8 body feet or more in width and 40 body feet or more in length or, when erected on site, are 320 or more square feet, and are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq. ;

2. Pre-HUD-code homes, which are those units constructed prior to June 15, 1976, meaning structures, transportable in one or more sections, that are 8 body feet or more in width and are 32 body feet or more in length and are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein.

N. Mechanic: “Mechanic” means an individual engaged in the installation or servicing of HUD-code or pre-HUD-code homes.

O. Pad: “Pad” means that area which has been established for the placement of a manufactured home.

P. Perimeter blocking: “ Perimeter blocking” means regular spaced piers supporting the sidewalls and marriage wall of the home. Some homes require perimeter blocking in addition to supports under the home’s frame.

Q. Pier: “Pier” means that portion of the support system between the footing and the manufactured home, exclusive of caps and shims.

R. Set - up: “Set-up” means the work performed and operations involved in the placement and securing of a manufactured home or any portion thereof and includes the connection of existing electrical, oil, gas, water, sewage, and similar systems.

S. Shall: “Shall” indicates a mandatory requirement.

T. Should: “Should” indicates a recommendation which is advised but not required.

U. Site: “Site” means a designated parcel of land designed for the accommodation of one manufactured home, its accessory buildings or structures, and accessory equipment for the exclusive use of the occupants.

V. Skirting: “Skirting” means a weather-resistant material used to enclose the perimeter, under the living area of the home, from the bottom of the manufactured home to grade.

W. Stabilizing devices: “Stabilizing devices” means all components of the anchoring and support systems, such as piers, footings, ties, anchoring equipment, anchoring assemblies, or any other equipment, materials and methods of construction, that support and secure the manufactured home to the ground.

X. Support system: “Support system” means pilings, columns, footings, piers, foundation walls, caps, shims, and any combination thereof that, when properly installed, support the manufactured home.

Y. Tie:“Tie” means straps, cable, or securing devices used to connect the manufactured home to anchoring assemblies.

Z. Uncontrolled fill: “Uncontrolled fill” means fill materials that are placed without control of the content of the fill materials or without adequate compaction to assure a bearing capacity without undue settlement. For purposes of this standard, uncontrolled fills shall mean fill materials containing organic matter or fills which are placed without compaction necessary to provide a uniform bearing capacity of 1000 lbs./ft.

AA. Wind zone:“Wind zone” means the areas designated on the Basic Wind Zone Map, set forth in the Manufactured Home Construction and Safety Standards , part 3280, as further defined in Appendix A to this Chapter.

Subchapter B - Foundation Systems and Site Preparations

General

This subchapter prescribes standards for the installation of manufactured home foundation systems, site preparation, and design. This subchapter is applicable to used manufactured homes, when and wherever newly installed at a home site. Prior to the installation of a used manufactured home the installer is to verify that the design and construction of the manufactured home is suitable for the site location where the home is to be installed.

Wind Zone

Used manufactured homes must not be installed in a wind zone that exceeds the design wind loads for which the home has been designed, as evidenced by the wind zone indicated on the home’s data plate. Maine wind zones are described in Appendix A to this Chapter.

Roof Load Zone

Used manufactured homes must not be located in a roof load zone that exceeds the design roof load for which the home has been designed as evidenced by the roof load zone indicated on the home’s data plate. Maine roof load zones are described in Appendix A to this Chapter.

Foundation Systems

A manufactured home foundation system shall be constructed on each manufactured home site.

Exception 1. Sites which have been licensed by the Maine Manufactured Housing Board in accordance with rules governing the licensing of manufactured housing communities prior to March 1, 1993.

Exception 2. Sites for the installation of manufactured housing to provide temporary relief from fire, flood or other disasters. The site is exempted from the provisions of Subchapter B for a period of two years from the date of the installation of the home.

A foundation system for used manufactured homes shall be constructed in accordance with one of the following:

1. The manufacturer's installation instructions; or

2. Appendix B to this Chapter; or

3. A foundation design prepared by a licensed professional engineer or licensed architect for the site.

Homes installed on sites exempted from the requirements of Subchapter B shall be installed and the sites maintained in a manner which is not detrimental to the functions of any of the systems in the home. Homes which require perimeter support/marriage wall support shall be blocked at locations required in the manufacturer’s installation instructions, or Appendix D to this Chapter.

Site Considerations

Evaluation

Each site shall be evaluated by the person assuming responsibility to determine if it is suitable for its intended use and if such hazards as flood erosion, sediment deposition, or other hazards exist that might impair the use or utility of the site. When, during preparation of the site, such unforeseen factors as rock formation, high groundwater levels, springs, biologically generated gases, etc., are encountered, corrective works shall be taken during the site preparation of the manufactured home.

Site Drainage

All drainage must be diverted away from the home and must slope a minimum of one-half inch per foot away from the foundation for the first ten feet. Where property lines, walls, slopes, or other physical conditions prohibit this slope, the site must be provided with drains or swales or otherwise graded to drain water away from the structure.

Soil Considerations

Footings

It shall be determined when natural soils or controlled fill (free of grass and organic material) are used, that the footing shall support the loads imposed by the support system of the manufactured home placed thereon.

Anchoring

Homes installed on sites in Washington and Hancock counties (wind zone II) and are occupied by someone other than the home owner shall be installed with a properly designed anchoring system. Refer to the manufacturer’s installation instructions or Appendix B to this Chapter.

Placement

Clearance Under Home

A minimum clearance of 12 in. must be maintained beneath the lowest member of the main frame (I-beam or channel beam) and the grade under all areas of the home.

Elevated Manufactured Homes

When the manufactured home is installed on a basement or split entry type foundation over a habitable lower-level area, or when more than one-fourth of the area of the manufactured home is installed so that the bottom of the main frame members are more than 3 ft. above ground level, the foundation system shall be designed by a licensed professional engineer or licensed architect. Appendix B to this Chapter cannot be used for any elevated installation or in combination with the manufacturer’s installation instructions.

Removal of Manufactured Home Transportation Components at the Time of Installation

No portion of a manufactured home shall be removed when located on its home site unless it is designed to be removed in accordance with HUD's and the manufacturer's installation instruction.

Crawlspace Ventilation

A crawlspace with skirting must be provided with ventilation openings. The minimum net area of ventilation openings must not be less than one square foot (ft.²) for every 150 square feet (ft.²) of the home’s floor area. The total area of ventilation openings may be reduced to one square foot (ft.²) for every 1,500 square feet (ft.²) of the home’s floor area, where a uniform 6-mil polyethylene sheet material or other acceptable vapor retarder is installed on the ground surface beneath the entire floor area of the home.

Ventilation openings must be placed as high as practicable above the ground.

Ventilation openings must be located on at least two opposite sides to provide cross-ventilation.

Ventilation openings must be covered for their full height and width with a perforated corrosion and weather-resistant covering that is designed to prevent the entry of rodents. In areas subject to freezing, the coverings for the ventilation openings must also be of the adjustable type, permitting them to be in the open or closed position, depending on the climatic conditions.

Access opening(s) not less than 18 inches in width and 24 inches in height and not less than three square feet (ft.²) in area must be provided and must be located so that any utility connections under the home are accessible.

Dryer vents and combustion air inlets must pass through the skirting to the outside. Any surface water runoff from the furnace, air conditioning, or water heater drains must be directed away from under the home or collected by other methods.

Skirting

Skirting, if used, must be of weather-resistant materials or provided with

protection against weather deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz./ft.² of surface coated.

Skirting must not be attached in a manner that can cause water to be trapped

between the siding and trim or forced up into the wall cavities trim to which it is attached.

All wood skirting within 6 inches of the ground must be pressure-treated in accordance with AWPA Standard U1 for Use Category 4A (UC4A), ground contact applications, or be naturally resistant to decay and termite infestations.

Skirting must not be attached in a manner that impedes the contraction and expansion characteristics of the home’s exterior covering.

Subchapter C - Plumbing

General Requirements

Note: Where this standard differs from the current adopted edition of the Uniform Plumbing Code (UPC), the current code shall prevail.

Need for Plumbing and Utility Connections

Each manufactured home pad shall be provided with water supply and sewer located and arranged to permit attachment to the manufactured home in a workmanlike manner.

Location of Plumbing and Utility Connections

The plumbing and utility connections shall be located under the manufactured home.

Water Supply

Water-Riser Pipes, Size, and Protection

Water-riser pipes shall be a minimum of 3/4 in. nominal diameter. Water-riser pipes shall extend a minimum of 6 in. above ground elevation. Water riser pipes shall be terminated with a threaded plug, hose bib, or cap when a manufactured home does not occupy a site. Surface drainage shall be diverted from the location of the riser pipe.

Water Supply Shutoff Valves

An accessible shutoff valve shall be provided on the water-riser pipe serving the manufactured home. The system shall be protected from backflow for single family residences on shared wells.

Protection Against Freezing

Provision shall be made to protect the water supply piping and valves, including the riser.

1. Frost-proof valves shall be installed where necessary and shall be listed for backflow protection.

2. In areas subject to heaving and thawing, the piping shall be adequately protected to prevent damage.

3. Heat cables and tapes, when used for protection of plumbing components against freezing, shall be listed and labeled.

4. Installed in accordance with the manufacturer's instructions and listing requirements.

D. Location of Wells

A well shall not be located within the boundaries of a manufactured home pad.

Subchapter D - Mechanical Equipment

Exterior Mechanical Equipment

Mechanical equipment shall not be installed in a manner that would obstruct any means of required egress. Mechanical equipment shall not be installed in window openings which are part of an exiting system and shall not obstruct sidewalks or other means of egress from the home.

Subchapter E - Fuel Supply

General

All fuel piping systems serving manufactured homes, which are not part of the manufactured home shall be designed and constructed in compliance with the rules adopted by the Maine Fuel Board.

Subchapter F - Electrical

Site Electrical Equipment and Installations

Sites provided with an electrical service shall have all electrical equipment and installations designed and constructed in accordance with the current adopted edition of the National Fire Prevention Association (NFPA) 70, National Electrical Code .

Subchapter G - Life and Fire Safety

Firebreaks

No portion of a manufactured home, excluding the hitch, shall be located closer than 10 feet (3 meters) side to side, 8 feet (2.4 meters) end to side, or 6 feet (1.8 meters) end to end horizontally from any other manufactured home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a 1 hour fire-resistance rating or the structures are separated by a 1 hour fire-rated barrier.

Appendix A to Chapter 17

I. Roof Load Zones

A. 40 psf (North) Roof Load Zones

The following counties are deemed to be within the 40 psf roof load zone:

Washington, Hancock, Aroostook, Somerset, Waldo, Knox, Penobscot, and Piscataquis.

B. 30 psf (Middle) Roof Load Zones

The following counties are deemed to be within the 30 psf roof load zone:

York, Cumberland, Kennebec, Sagadahoc, Lincoln, Franklin, Oxford and Androscoggin.

II. Wind Zones

A. Wind Zone I

The following counties are deemed to be within Wind Zone I:

Aroostook, Somerset, Waldo, Franklin, Penobscot, Oxford, Piscataquis,

York, Cumberland, Kennebec, Sagadahoc, Knox, Lincoln, and Androscoggin.

B. Wind Zone II…100 mph

The following counties are deemed to be within Wind Zone II:

Hancock and Washington.

III. Installation Zones

A. Sites prepared in Washington, Hancock, Aroostook, Somerset, Waldo, Knox, Penobscot, and Piscataquis counties require 24 inches of compacted fill.

B. Sites prepared in York, Cumberland, Kennebec, Sagadahoc, Lincoln, Franklin, Oxford and Androscoggin counties require 18 inches of compacted fill.

Appendix B to Chapter 17

I. General Requirements

A. Home Site Selection

Home sites shall not be constructed on mud, organic silt or uncontrolled fill. Home sites shall not be constructed in any naturally occurring seasonal drainage swale.

B. Home Site Preparation

Site soil conditions shall be evaluated. Home sites shall be prepared as required by Appendix C(I) General Specifications for Site Preparation and Appendix D(I) Site Preparation Detail I or Appendix D(II) Site Preparation Detail II.

C. Footing Requirements

1. Footings shall consist of a concrete pad constructed in accordance with Appendix D(VI) Concrete Slab Detail when:

A. The home requires perimeter support/marriage wall support; or

B. The home is located in Washington and Hancock counties (wind zone II) and the home is to be rented or occupied by someone other than the home owner.

2. Footings for homes other than those identified in Requirement (1)(A) shall be constructed in accordance with Appendix D(III) Footing Detail I, Appendix D(IV) Footing Detail II or Appendix D(VI) Concrete Slab Detail.

3. An approved footing shall be installed at each support location.

4. Footings shall be centered within 1" of the required support location.

5. Footing surface shall be level within ¼" on the top surface after the home has been installed.

D. Location of Supports

1. Used homes for which the manufacturer’s installation instructions are available shall be supported where required by those instructions.

2. Used homes for which manufacturer’s installation instructions are not available shall be supported at locations indicated in Appendix D(VII) Support Location Detail I or Appendix D(VIII) Support Location Detail II.

3. Each section in multi section homes shall be supported as a separate section in accordance with this chapter.

For purposes of this standard, required marriage wall support shall be the same as required for perimeter blocking support.

E. Pier Requirements

1. Piers shall be constructed at all support locations under the main steel frame of the home.

2. Piers constructed under the main frame shall be constructed in accordance with Appendix D(V) Pier Detail.

3. Continuous perimeter blocking or support, where required, shall be constructed in accordance with Appendix D(IX) Continuous Perimeter Blocking Detail.

4. Piers shall be centered on the footing within 1".

5. Piers shall be centered under the main frame within 1" of required support locations.

F. Leveling Requirements

The home shall be leveled so that all doors and windows operate as intended and plumbing drains function in a safe and sanitary manner.

G. Tie Down Requirements

Tie downs shall be installed in accordance with Appendix D(VI) Concrete Slab Detail on all used homes that are:

1. Located in Washington and Hancock counties (wind zone II); and

2. Rented or occupied by someone other than the home owner.

Appendix C to Chapter 17

General Specifications for Site Preparation

A. Compacted fill shall consist of gravel or sand which contains less than 5% (by

weight) grains that will pass a #200 sieve. Gravel fill shall contain no rocks or boulders larger than 3" in diameter. Compacted fill shall contain no organic matter. Compacted fill shall not be frozen when placed or compacted.

B. Compacted fill shall be compacted in a maximum of 6" lifts. Each lift shall be

compacted sufficiently so that when 1000 lbs. is applied to a 3½" x 3½" block placed on top of the fill, the block will not sink more than 3/8" into the fill. Refer to Recommended Compaction Test Procedure below.

C. Compacted fill shall be placed on undisturbed and unfrozen soil. The site shall be free of topsoil and organic matter prior to the placement of fill.

D. Crushed rock shall consist of clean, washed rock, and may range in size from pea

gravel to 3/4". All crushed rock shall be retained by a #4 sieve.

E. The perimeter of foundation sites shall be graded to prevent the flow of surface

water under the home and to prevent the accumulation of surface water within 10 (ten) feet of the perimeter of the home.

Appendix D to Chapter 17

Site Preparation Detail I

A. This detail may be used on any foundation site that:

Does not contain any mud, organic silt or uncontrolled fill; and

2. The highest ground water table is more than 24" below the finish grade.

B. Refer to Appendix A(III) Installation Zones to determine the required compacted fill depth under the footings or slab.

C. Construction may be placed on naturally occurring soils after all organic material has been removed from the construction site.

Compacted fill may be placed below the original site grade only if a drainage

system is installed in the fill to prevent the accumulation of water within 24" of the bottom of the footing.

Finish grade shall be loamed and seeded with grass or otherwise finished to

prevent erosion of compacted fill.

II. Site Preparation Detail II

A. This detail may be used on any foundation site that:

1. Does not contain any mud, organic silt or uncontrolled fill; and

The highest ground water table is within 24" of the finish grade

B. If a concrete slab is to be constructed on this site, crushed rock must be installed under the entire concrete slab.

C. A drainage swale at least 6" deep and within 10' of the sidewalls of the home must be constructed around the home. The swale shall have an unobstructed discharge allowing water to flow away continuously from the perimeter of the home.

D. The 4" drainage system shall provide for free flow of water from the rock pads and shall prevent the accumulation of any water.

Finish grade shall be loamed and seeded with grass or otherwise finished to

prevent erosion of compacted fill.

III. Footing Detail I

A. Concrete shall have a minimum compressive strength of 3000 psi at 28 days

B. Concrete shall be protected from freezing for the first 7 days after it has been cast.

C. Footing pads may be cast on site or precast and delivered to the site for placing.

D. Footing pads which are precast for later placement shall be cured at least 7 days prior to handling.

IV. Footing Detail II

A. This detail is of a wood isolated footing to be placed on a prepared site. This detail may be used when pier height does not exceed 30".

B. Wood used in this detail must be southern yellow pine, #2, pressure treated with water-borne preservatives in accordance with AWPA Standard U1 to the requirements of UC4, ground contact applications.

C. Pier concrete blocks shall be centered on the wood footing with the 16” dimension parallel to the (3) 2” x 8” pressure-treated boards.

V. Pier Detail

A. This detail applies to piers which are a maximum of 24" high from the top of the footing.

B. Masonry units in this detail shall comply with ASTM C90.

C. Wood block shall be of a structurally graded lumber with the 12" dimension centered under the main frame. No more than 2 wood blocks may be stacked.

D. Shims shall provide contact between the main frame and the 2" x 10" for at least 6".

VI. Concrete Slab Detail

VII. Support Location Detail I

A. This detail may be used for home support locations when:

1. The manufacturer's installation instructions are not available; and

2. The home’s floor frame is constructed with 2" x 8" or wider floor joists; or

The home’s floor frame is 12’ or less wide

B. Support locations are required within 2' of the end of the main frame and at no more than 8' o.c. under the main frame.

VIII. Support Location Detail II

A. This detail may be used for home support locations when:

1. The manufacturer's installation instructions are not available; and

2. The home’s floor frame is constructed with 2" x 4" or 2" x 6" floor joists; or

The home’s floor frame is more than 12’ wide

B. Support locations are required within 2' of the end of the main frame and at no more than 8' o.c. under the main frame. Continuous perimeter support is required under side walls of the unit. See Exception below.

Continuous Perimeter Blocking Detail

A. This detail applies where continuous perimeter blocking or support is required.

B. Ventilation openings shall be provided through sheathing as required by Subchapter B(VII) to this Chapter.

C. Access openings shall be provided to the underside of the home as required by Subchapter B(VII)(E) to this Chapter.

D. Pressure-treated lumber shall be treated in accordance with AWPA Standard U1 to the requirements of UC3, above ground applications.

E. Sheathing shall be provided with protection against weather deterioration.

Appendix E to Chapter 900:

Ground Level Installation of Used Manufactured Homes (Floor at Grade)

A. Ground level installations refer to used manufactured homes installed over an open excavation where the supporting foundations are below finished ground level.

B. All required permits shall be obtained.

C. Retaining walls to resist the lateral displacement of soil and other materials should be designed to resist the lateral pressure of the retained material in accordance with accepted engineering practice. Retaining walls, if fastened to the manufactured home at the time of installation, should not degrade the stabilizing system of the home. When a retaining wall is not used as a foundation, it should not be attached to the home. Retaining walls should be constructed of treated foundation grade wood, concrete, masonry, other approved materials or combinations of these materials.

All fill and backfill soil surrounding the home should be compacted. Grading around the home shall be done in such a manner that will divert water away from the home and must slope a minimum of one-half inch per foot away from the foundation for the first ten feet.

History

• STATUTORY AUTHORITY: 10 M.R.S.A. Part 11, Chapter 951, Subchapter 1, Section 9006, Paragraph I and Resolve #26 of 1989.
• EFFECTIVE DATE: February, 1. 1993
• EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997
• AMENDED: June 22, 2009 – filing 2009-257
• AMENDED: February 5, 2018 - filing 2018-019
• AMENDED: TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 900) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 18 Used Standard - Space Requirements (formerly 02-385 C.MR. Ch. 910)

Code Me. R. 08-004 Ch. 18 Used Standard - Space Requirements {#sec-08-004-ch.-18 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 18}

SUMMARY: The intent of this chapter is to assure that a home that is to remain in a park after it is sold will meet certain minimum health and safety standards.

Light and Ventilation

Each habitable room shall be provided with exterior windows and/or doors having a total glazed area of not less than 8 percent of the gross floor area.

Each bathroom and toilet compartment shall be provided with artificial light and, in addition, be provided with external windows or doors having not less than 1½ square feet of fully operable glazed area, except where a mechanical ventilation system is provided capable of producing a change of air every 12 minutes. Any mechanical ventilation system shall exhaust directly to the outside of the home.

Ceiling Height

Every habitable room shall have a minimum ceiling height of 6 feet and 6 inches.

Exit Facilities - exterior doors.

Homes shall have a minimum of two exterior doors located remote from each other.

1. Required egress doors shall not be located where a lockable interior door must be used in order to exit.

2. Doors may not be less than 12 feet from each other as measured in any straight line direction regardless of the length of the travel between doors.

3. One of the required exit doors must be accessible from the doorway of each bedroom without traveling more than 35 feet.

4. All exterior swinging doors shall provide a minimum 28 inches wide by 74 inches high clear opening. All exterior sliding glass doors shall provide a minimum 28 inches wide by 72 inches high clear opening. Locks shall not require the use of a key for operation from the inside.

Exit Facilities - egress windows and devices.

Homes shall have the following second means of escape or alternate emergency egress facilities. They are:

1. Every room designed expressly for sleeping purposes, unless it has an exterior exit door, shall have at least one outside window operable from the inside without the use of tools and providing a clear opening of not less than 20 inches in width, 24 inches in height and 5.7 square feet in area. The bottom of the opening shall not be more than 44 inches off the floor.

Interior-Doors

Each interior door, when provided with a privacy lock, shall have a privacy lock that has an emergency release on the outside to permit entry when the lock has been locked by a locking knob, lever, button or other locking devices on the inside.

Room Requirements

Every home shall have sufficient space and functional arrangements to accommodate the normal activities of living in a manufactured home.

1. Every home shall have at least one common area with no less than 150 square feet of gross floor area.

2. All bedrooms shall have at least 50 square feet of floor area.

3. Bedrooms designed for two or more people shall have 70 square feet of floor area plus 50 square feet for each person in excess of two.

4. Every room designed for sleeping purposes shall have accessible clothes hanging space with a minimum inside depth of 22 inches and shall be equipped with rod and shelf. Each such room shall have an operable door with a latch to separate the room from the common area.

5. Each toilet compartment shall have a minimum of 21 inches of clear space in front of each toilet.

6. Hallways shall have a minimum horizontal dimension of 28 inches measured from interior finished surface to the opposite finished surface. Minor protrusions by doorknobs, trim, smoke detectors or light fixtures are permitted.

EFFECTIVE DATE: December 12,1990

EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997

TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 910) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 19 Used Standard - Fire Safety (formerly 02-385 C.MR. Ch. 920)

Code Me. R. 08-004 Ch. 19 Used Standard - Fire Safety {#sec-08-004-ch.-19 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 19}

SUMMARY: The purpose of this chapter is to set forth requirements that will assure reasonable fire safety to the occupants by reducing fire hazards and by providing measures for early detection.

I. Fire Detection Equipment.

All manufactured homes, regardless of the date of manufacture, shall meet the following requirements. They are:

1. At least one smoke detector (which may be a single station alarm device) shall be installed in the home in the following locations:

A. A smoke detector shall be installed on any wall in the hallway or space communicating with each bedroom area between the living area and the first bedroom door unless a door separates the living area from that bedroom area, in which case the detector shall be installed on the living area side as close to the door as practical. Homes having bedroom areas separated by any one or combination of communication areas such as kitchen, dining room, living room, or family room (but not a bathroom or utility room) shall have at least one detector protecting each bedroom area.

B. When located in hallways, the detector shall be between the return air intake and the living area.

C. The smoke detector shall not be placed in a location which impairs its effectiveness.

D. Smoke detectors shall be labeled as conforming with the requirements of Underwriters Laboratory Standards No. 217, Third Edition, 1985, as amended through October 8, 1985, for single and multiple station smoke detectors.

E. Each smoke detector shall be installed in accordance with its listing on a wall or ceiling. If installed on a wall, the top of the detector shall be located 4 inches to 12 inches below the ceiling. However, when a detector is mounted on an interior wall below a sloping ceiling, it shall be located 4 inches to 12 inches below the intersection on the connecting exterior wall and the sloping ceiling (cathedral ceiling). The required detector(s) shall be attached to an electrical outlet box and the detector connected by permanent wiring method into a general electrical circuit. There shall be no switches in the circuit to the detector between the over-current protection device protecting the branch circuit and the detector. The smoke detector shall not be placed on any circuit protected by a ground fault circuit interrupter.

II. Flame Spread

All manufactured homes constructed before June 15, 1976, are "grandfathered" from meeting flame spread limitations, except work that is performed to meet the requirement of this code shall not be exempt. The requirements are:

1. Ceiling interior finish shall not have a flame spread rating exceeding 75.

2. Walls and ceilings adjacent to enclosing a furnace or water heater shall have an interior finish with a flame spread rating not exceeding 25. Sealants and other trim material 2 inches or less in width used to finish adjacent surfaces within this space are exempt if supported by framing members or by materials having a flame spread rating not exceeding 25.

3. Exposed interior finishes adjacent to the cooking range shall have a flame spread rating not exceeding 50.

4. Kitchen cabinet doors, countertops, backsplashes, exposed bottoms, and end panels shall have a flame spread rating not to exceed 200.

5. Finish surfaces of plastic bathtubs, shower units, and tub or shower doors shall not exceed a flame spread of 200.

6. No burner of a surface cooking unit shall be closer than 12 horizontal inches to a window or an exterior door.

III. Kitchen Cabinet Protectors

All manufactured homes, regardless of the date of manufacture, will meet the following requirements. They are:

1. The bottom and sides of combustible kitchen cabinets over cooking ranges to a horizontal distance of 6 inches from the outside edge of the cooking range shall be protected with at least 5/16-inch thick gypsum board or equivalent limited combustible material. One-inch nominal framing members and trim are exempted from this requirement. The cabinet area over the cooking range or cooktops shall be protected by a metal hood with not less than a 3-inch eyebrow projecting horizontally from the front cabinet face. The 5/16-inch thick gypsum board or equivalent material which is above the top of the hood may be supported by the hood. A 3/8-inch enclosed air space shall be provided between the bottom surface of the cabinet and the gypsum board or equivalent material. The hood shall be at least as wide as the cooking range.

2. The metal hood will not be required if there is an oven installed between the cabinet and the range.

3. Ranges shall have a vertical clearance above the cooking top of not less than 24 inches to the bottom of combustible cabinets.

IV. Carpeting

All manufactured homes, regardless of the date of manufacture, shall meet the following requirements. They are:

1. Carpeting shall not be used in a space or compartment designed to contain only a furnace and/or water heater. Carpeting may be used in other areas where a furnace or water heater is installed, provided that it is not located under the furnace or water heater.

EFFECTIVE DATE: December 12, 1990

EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997

TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 920) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 20 Used Standard - Body and Frame Requirement (formerly 02-385 C.MR. Ch. 930)

Code Me. R. 08-004 Ch. 20 Used Standard - Body and Frame Requirement {#sec-08-004-ch.-20 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 20}

SUMMARY: The chapter of this rule is to assure that minimum requirements are met to provide structural strength and rigidity and protection against corrosion, decay, insects and other similar destructive forces.

Roof Loads

All homes manufactured prior to June 15, 1976, are exempt from meeting The National Manufactured Home Construction and Safety Standards for roof loads for the State of Maine, except:

1. All homes with roofs added after construction will be inspected by a registered professional engineer to determine that the roof and home can withstand any snow loads or wind uplifts that may occur.

Floors

All floors will be of a solid construction to protect users of the home from the hazard of an unsafe floor.

Anchoring System

No park operator may require a manufactured home to be anchored unless a concrete slab is provided.

Exterior Coverings

Exterior coverings shall be of moisture and weather resistant materials to resist wind, snow and rain.

EFFECTIVE DATE: December 12, 1990

EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997

TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 930) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 21 Used Standard - Thermal Protection (formerly 02-385 C.MR. Ch. 940)

Code Me. R. 08-004 Ch. 21 Used Standard - Thermal Protection {#sec-08-004-ch.-21 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 21}

SUMMARY: This chapter outlines the minimum requirements for thermal protection.

Insulation

The minimum requirements for a home shall be as follows:

1. Walls - R-11

2. Roof - R-14

3. Floor - R-11

A destructive inspection will not be performed to determine the actual amount, however, a thermal scan may be used to determine uniformity of the insulation.

EFFECTIVE DATE: December 12, 1990

EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997

TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 940) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 22 Used Standard - Plumbing Systems (formerly 02-385 C.MR. Ch. 950)

Code Me. R. 08-004 Ch. 22 Used Standard - Plumbing Systems {#sec-08-004-ch.-22 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 22}

SUMMARY: This chapter covers the plumbing materials, fixtures, and equipment installed within or on manufactured homes. It is the intent of this chapter to assure water supply, drain, waste and vent systems which permit satisfactory functioning and provide for health and safety under all conditions.

General Requirements

A State of Maine licensed plumber shall inspect and verify that the following conditions are met. They are:

1. The plumbing is of a durable material, free from defective workmanship that would cause a safety hazard.

2. Water closets are adjusted to use a minimum quantity of water consistent with proper performance and cleaning.

3. All plumbing, fixtures, drains, appurtenances, and appliances designed or used to receive or discharge liquid waste or sewage are connected to the drain system in a manner that is consistent with the State Plumbing Code.

4. All piping and fixtures subject to freezing temperatures shall be insulated or protected to prevent freezing under normal occupancy. To prevent freezing, a modern technological designed heat cable should be used.

5. All dishwashing machines shall not be directly connected to any waste piping, but shall discharge its waste through a fixed air gap installed above the machine.

6. Clothes washing machines shall drain either into a properly vented trap, into a laundry tub tailpiece with watertight connections, into an open standpipe receptor, or over the rim of a laundry tub.

7. Toilets shall be designed and manufactured according to approved or listed standards and shall be equipped with a water flushing device capable of adequately flushing and cleaning the bowl.

8. Each shower stall shall be provided with an approved watertight receptor with sides and back at least 1 inch above the finished dam or threshold.

9. Water supply pumping systems shall be sized to provide an adequate amount of water to each plumbing fixture at a f low rate sufficient to keep the fixture in a clean and sanitary condition without any, danger of backflow or siphonage.

10. Each home shall be equipped with a kitchen sink and bathtub and/or shower and be provided with a hot water supply system including a listed water heater.

11. No part of a water system shall be connected to any drainage or vent piping.

12. All new plumbing after the effective date of these standards shall be lead free with solders and flux containing not more than 0.2 percent lead and pipes and pipe fittings containing not more than 8.0 percent lead.

EFFECTIVE DATE: December 12, 1990

TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 950) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 23 Used Standard - Heating and Fuel Burning Systems (formerly 02-385 C.MR. Ch. 960)

Code Me. R. 08-004 Ch. 23 Used Standard - Heating and Fuel Burning Systems {#sec-08-004-ch.-23 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 23}

SUMMARY: This chapter covers the heating and fuel burning equipment installed within, on, or external to a manufactured home.

1. A person holding a master license issued by the State of Maine Oil and Solid Fuel Examining Board shall inspect and certify that the heating and fuel system is in a safe condition and meets the requirements of NFPA-31 Installation of Oil Burning Equipment as adopted by that Board.

2. Heat-producing appliances and vents, roof jacks and chimneys necessary for installation in manufactured homes shall be listed or certified by a nationally recognized testing agency for use in manufactured homes.

EFFECTIVE DATE: December 12, 1990

EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997

TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 960) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.

Chapter 24 Used Standard - Electrical System (formerly 02-385 C.MR. Ch. 970)

Code Me. R. 08-004 Ch. 24 Used Standard - Electrical System {#sec-08-004-ch.-24 omnilex-key=us-me-regs-official--dept-maine-office-community-affairs--08-004 Ch. 24}

SUMMARY: This chapter covers the electrical conductors and equipment installed within or on a home and the conductors that connect the home to the supply of electricity.

A person holding a master license issued by the State of Maine Electricians Examining Board shall inspect and certify that the electrical system that is accessible, including the wiring of the smoke detector, is safe and meets the National Electrical Code at the time the home was constructed.

A. Homes wired with aluminum conductors shall meet the current Underwriter Laboratory (UL) requirements for connecting to branch circuits of 30 amps or less. (Note: The intent of this is not to require the home to be rewired but only to require that U. L. listed conductors be affixed to receptacle switches and light fixtures. There are several methods of doing this. The most preferred is the "pig tail" method.)

EFFECTIVE DATE: December 12, 1990

EFFECTIVE DATE (ELECTRONIC CONVERSION): January 11, 1997

TRANSFER OF AUTHORITY TO ADMINISTER AND ENFORCE RULE: The authority to administer and enforce this rule (formerly 02-385 C.M.R. Ch. 970) was transferred to the Maine Office of Community Affairs on July 29, 2026 pursuant to PL 2025, c. 650, § RRR-58.