Morning Sentinel
State building code plan irks some towns
BY MORNING SENTINEL STAFF Kennebec Journal & Morning Sentinel 03/31/2008

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SKOWHEGAN -- Passage of a bill to overhaul Maine's building codes could prove costly to rural Maine communities, according to several town managers in Somerset County.

Skowhegan Town Manager Philip M. Tarr told his selectmen last week that if the town is required to enforce a single, state-adopted building code, Skowhegan will have to hire an inspector.

The bill continues to be reviewed by the Legislature's Business, Research & Economic Development committee, its chairwoman, Rep. Nancy Smith, D-Monmouth, said Saturday.

Smith said a uniform code is important, but said the committee will require at least one, perhaps two, more work sessions to make sure everybody's questions are resolved.

"We have bizarre, inconsistent building codes," said Smith. For instance, she said, if a person wants to fix up an old building and retain its character, codes are often in direct conflict on how that gets done. She said towns across the state are working with different, confusing sets of rules.

Tarr agrees uniform state building codes makes sense, but he worries about the expense.

"The state doesn't have the manpower or the money to enforce it statewide, so it (would) fall on the shoulders of towns," Tarr said. "This (would be) another example of unfunded mandates by state government."

Smith suggests charging fees would cover the cost of new building inspectors.

Madison Town Manager Norman Dean said the new code is a bad idea.

"I don't approve of it. It's disturbing when the state mandates things that cost us money," Dean said. "They're short-funded; what do they think is going to happen? What do they want, taxpayers to revolt?

"If this were to happen, we would need a full-time code enforcement officer for $50,000 to $70,000. "

Norridgewock Town Manager John Doucette said the law would improve building inspections. But, he said, it would prove costly to his small town of 3,300 residents, which currently shares a code inspector with five other towns.

Maine Municipal Association's policy committee is for the first time supporting the bill, which has come before the Legislature before, according to Jeffrey Austin, MMA lobbyist.

"At the heart of that change, from our perspective, is that (the state not) override home rule authority to choose," Austin said. "We remain adamantly opposed to the state mandating that the municipalities enforce the code."

Rep. Smith said to pass the law and not mandate its use would be unusual: "I can't think of another instance where you pass a law, but leave enforcement optional."

If enforcement is required, a code official would have to inspect "every little piece" of a building, Tarr said. He said Skowhegan Code Enforcement Officer Randall Gray could not possibly do the job by himself.

"We don't have building permits now and it would require the town to issue those," Tarr said. "If we have to hire someone, building permits will have to cost money to help pay for it."

Tarr said one possibility would be to try a regional approach, sharing an inspector with other towns, such as Madison, Norridgewock, Canaan and Fairfield.

"That way, everybody contributes to the cost," he said.

Gray predicts approval of the uniform code is only a matter of time: "It's just a while off, but it's going to happen."

Darla L. Pickett -- 474-9534, Ext. 341

dpickett@centralmaine.com

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