MAINE UNIFORM BUILDING AND ENERGY CODE (MUBEC):
THE BRAVE NEW WORLD OF BUILDING CODE COMPLIANCE IN MAINE
CLARION HOTEL PORTLAND, ME FEBRUARY 10, 2011
This Event is Sponsored By:
The Maine Uniform Building and Energy Code (MUBEC) went into effect on December 1, 2010.
It may come as a surprise that, as of December 1, every local building code in every Maine town
and city was effectively wiped off the books. MUBEC replaced them all and now applies to vir‐
tually every construction project in the state.
MUBEC has far‐reaching impacts – both substantively and procedurally – and, in many cases,
will be a dramatic change from current code enforcement practices. Among other things, the law
establishes a new Bureau of Building Codes and Standards Board to implement and administer
the new code requirements on a state‐wide basis.
The stated goal of the MUBEC is to provide uniformity of building‐related codes across munici‐
pal boundaries, streamline code administration and bring consistency to builders, developers
and towns. It seems highly likely, however, that, at least in the short term, MUBEC will cause
significant confusion and consternation for those involved in the building trades and real estate
development.
MUBEC is mostly comprised of standards from the International Code Council. It also adopts
certain standards from the American Society of Heating Refrigeration and Air‐Conditioning En‐
gineers, as well as the International Energy Conservation Code. On the positive side, these re‐
quirements create an opportunity for those seeking LEED, Green Globes, Energy Star or other
green building designations to use many budget items for both MUBEC compliance and build‐
ing certification. Although MUBEC does not adopt any of the presently available draft versions
of the proposed International Green Construction Code (IGCC), complying with MUBEC with an
eye on the IGCC may provide developers with a competitive advantage.
The proponents of MUBEC suggest that implementation of a state‐wide code will make contrac‐
tors more accountable for their work and could be the first step toward licensing and/or required
training for contractors. Phil Saucier, Esq., Rick Smith, Esq., and David Ray, Esq., of Bernstein
Shur Sawyer & Nelson, P.A. will examine the substance, possible pitfalls and potential legal im‐
plications of the enactment and implementation of MUBEC at our February 10, 2011 meeting.
Our Program
David P. Ray is the chair of Bernstein Shur’s Construction Law Practice Group and concentrates
his practice in construction law, litigation and insurance and surety matters. Mr. Ray has provid‐
ed legal services to contractors, owners, developers, design professionals and others in the con‐
struction industry for over 30 years and has lectured on construction and litigation issues. He
received a B.A. degree, with high honors, from the University of Maine and his J.D. degree, cum
laude, from Cornell University. Mr. Ray was formally Staff Counsel and Assistant to U.S. Sena‐
tor George J. Mitchell. He is a member of the Maine State, Cumberland County and American
Bar Associations and the Association of Trial Lawyers of America. He is listed in Chambers® and
in The Best Lawyers in America®. Mr. Ray is admitted to practice in the federal and state courts
of Maine.
Richard W. (Rick) Smith is a member of Bernstein Shur’s Real Estate Practice Group and its En‐
vironmental & Energy Practice Group. Rick helps his Maine, New Hampshire and Massachusetts
retail and developer clients with leases, ground leases, acquisitions and development for stores,
shopping centers, apartment buildings and large residential subdivisions. As Maine’s first lawyer
designated LEED Accredited Professional by the US Green Building Council, Rick has a keen
interest in uniform requirements to improve our work, home and shopping experience while
using less energy and being sensitive to our impact on the surrounding environment. These in‐
terests are reinforced by Rick’s work at the Hydrogen Energy Center, supporting the use of fuel
cells for combined heat and power in buildings, fuel cell electric drive for fork lifts and road vehi‐
cles and large scale storage and distribution of power from wind solar and other renewable pow‐
er sources. Rick also serves as a mediator, referee, expert witness and litigation consultant in real
estate and title insurance litigation and is recognized by Best Lawyers in America and Chambers
USA for his work in real estate.
Phil Saucier is a member of Bernstein Shur’s Municipal and Regulatory Practice Group and its
Legislative and Political Law Practice Group. Phil has extensive experience working with gov‐
ernment officials regarding municipal and health care law. He assists both municipalities and de‐
velopers with permitting, land use, and zoning matters. Prior to attending law school, Phil
worked as an urban/land use planner at Sasaki Associates, an international architecture and de‐
sign firm. He practiced land use and environmental law in Portland after law school, and has
been a member of the City of Portland Zoning Board of Appeals since 2005, currently serving as
its Chairman. He previously served as Senior Policy and Legal Advisor for Governor John E.
Baldacci, where he was the Senior Policy and Legal Advisor for health policy. During his time
with Governor Baldacci he advised the Office on various matters, and also represented the Office
before the Legislature and community groups. After law school, Phil served as a law clerk for
the Hon. John A. Woodcock, Jr., U.S. District Court for the District of Maine.
Our Panelists:
MEREDA - 2 Market Street - Portland, ME 04101 | Tel: (207) 874-0801 | Fax: (207) 874-0802 www.mereda.org | [email protected]
MEREDA’sUpcomingEvents
November10,2010‐7:30‐9:00AM
December9,2010‐7:30‐9:00AM
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January27,2011‐9:00AM‐5:00PM
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2011AnnualForecastConferenceHolidayInnBytheBay88SpringStreet,Portland,MEAlongwiththeannualeconomicoverviewandoutlookonMaine’seconomy,theconferencealsoprovidesthepopu-larmarketoverviewbypropertytypefocusingonbothcommercialandresidentialforecasts.
2011MemberShowcaseHolidayInnBytheBay88SpringStreet,Portland,MEPairedwithMEREDA’sSignatureEvent,theAnnualFore-castConference,MEREDA’sMemberShowcaseprovidesanexcellentopportunityforexhibitorstonetworkandmarkettheirproductsandservices.
February10,2011‐7:30‐9:00AM
February16,2011‐7:30‐9:00AM
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March24,2011‐5:00‐7:00PM
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MEREDA’sAnnualWinterNetworkingSocialJoinusforHorsd’oeuvres,Spirits,andGreatConversationwithColleagues&Friends.RiRaIrishPub72CommercialStreetPortland,ME
Portland-Area BreakfastSeminarTopictobeDeterminedLocationtobeDetermined
April27,2011‐7:30‐9:00AM
May18,2011‐1:00PM‐5:00PM
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2011AnnualSpringConference:CommercialRealEstate:2060UniversityofSouthernMaineAbromsonCenterHannafordLectureHall88BedfordStreet,Portland,ME
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MEREDA Mission Statement
The Maine Real Estate & Development Association
(MEREDA) is an organization whose mission is to
promote an environment for responsible development
and ownership of real estate throughout the State.
Invest Wisely.
MEREDA’s Membership Returns:
Advocacy for Responsible Real Estate Development
Legislative Representation | Regulatory Monitoring
Business Networking Opportunities
Publications | Seminars & Conferences
Reap
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“Thank‐you” to our panelists and
our sponsor for their generous
contributions to MEREDA.
MEREDA OFFICERS:
Thomas N. Lea
President
Anne L. Littlefield
Vice President
Drew Sigfridson
Vice President
William Shanahan
Treasurer
James C. Otis
Assistant Treasurer
Dennis C. Keeler
Secretary
Raymond J. Cota, Jr.
Immediate Past President
Shelly R. Clark
Operations Manager
MEREDA’S GUIDING PRINCIPLE:
Practicality, Predictability, and Clarity in Regulation
2 Market Street · Portland, ME 04101
Phone (207) 874‐0801 · Fax (207) 874‐0802
www.mereda.org / [email protected]