§ 30-A §4451 — Training and certification for code enforcement officers

Maine § 30-A §4451

• Jurisdiction: Maine
• Title 30-A: MUNICIPALITIES AND COUNTIES
• Part 2: MUNICIPALITIES
• Ch. 187: PLANNING AND LAND USE REGULATION

Text

1.
Certification required; exceptions.
A municipality may not employ any individual to perform the duties of a code enforcement officer who is not certified by the former State Planning Office, the Department of Economic and Community Development, Office of Community Development, the Department of Public Safety, Office of the State Fire Marshal or the Maine Office of Community Affairs, except that:
2.
Penalty.
Any municipality that violates this section commits a civil violation for which a fine of not more than $100 may be adjudged. Each day in violation constitutes a separate offense.
2-A.
Code enforcement officer; definition and duties.
As used in this subchapter, "code enforcement officer" means a person certified under this section and employed by a municipality to enforce all applicable laws and ordinances in the following areas:
3.
Training and certification of code enforcement officers.
In cooperation with code enforcement officer professional associations, the Maine Community College System, the Department of Environmental Protection and the Department of Health and Human Services, except as otherwise provided in paragraph H, the Maine Office of Community Affairs shall establish a continuing education program for individuals engaged in code enforcement. This program must provide training in the technical and legal aspects of code enforcement necessary for certification. The training program must include training to provide 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 enforcement techniques.
3-A.
Training and certification of inspectors in the Maine Uniform Building and Energy Code.
In accordance with the training and certification requirements developed pursuant to Title 10, section 9723, the Maine Office of Community Affairs shall provide the training necessary to certify municipal building officials, local code enforcement officers and 3rd-party inspectors.
3-B.
Maine Code Enforcement Training and Certification Fund.
The Maine Code Enforcement Training and Certification Fund, referred to in this section as "the fund," is established as a nonlapsing fund to support training and certification programs administered by the Maine Office of Community Affairs for code enforcement officers, local plumbing inspectors, municipal building officials and 3rd-party inspectors in accordance with this subchapter.
4.
Examination.
The Maine Office of Community Affairs shall conduct at least one examination each year to examine candidates for certification at a time and place designated by it. The Maine Office of Community Affairs may conduct additional examinations to carry out the purposes of this subchapter.
5.
Certification standards.
The Maine Office of Community Affairs shall adopt routine technical rules under Title 5, chapter 375, subchapter 2‑A to establish the qualifications, conditions and licensing standards and procedures for the certification and recertification of individuals as code enforcement officers. A code enforcement officer need only be certified in the areas of actual job responsibilities. The rules established under this subsection must identify standards for each of the areas of training under subsection 2‑A, in addition to general standards that apply to all code enforcement officers.
6.
Certification; terms; revocation.
The Maine Office of Community Affairs shall certify individuals as to their competency to successfully enforce ordinances and other land use regulations and permits granted under those ordinances and regulations and shall issue certificates attesting to the competency of those individuals to act as code enforcement officers. Certificates issued by the former State Planning Office, the Department of Economic and Community Development, Office of Community Development or the Maine Office of Community Affairs are valid for 6 years unless revoked by the District Court. An examination is not required for recertification of code enforcement officers. The Maine Office of Community Affairs shall recertify a code enforcement officer if the code enforcement officer successfully completes at least 12 hours of approved training in each area of job responsibility during the 6-year certification period.
7.
Other professions unaffected.
This subchapter may not be construed to affect or prevent the practice of any other profession.

Legislative History

PL 1989, c. 104, §§A45,C10 (NEW). PL 1989, c. 878, §A87 (AMD). PL 1991, c. 163 (AMD). PL 1997, c. 296, §§5-7 (AMD). PL 1999, c. 547, §§B50,78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 689, §B6 (REV). PL 2007, c. 699, §§15-17 (AMD). PL 2009, c. 213, Pt. M, §§5-9 (AMD). PL 2009, c. 261, Pt. A, §14 (AMD). PL 2011, c. 613, §27 (AMD). PL 2011, c. 613, §29 (AFF). PL 2011, c. 655, Pt. FF, §8 (AMD). PL 2011, c. 655, Pt. FF, §16 (AFF). PL 2019, c. 40, §1 (AMD). PL 2019, c. 517, §5 (AMD). PL 2025, c. 388, Pt. D, §38 (AMD).