JAY – Like it or not, the town will have to enforce a uniform statewide building and energy code and require building permits by 2012, Town Manager Ruth Marden told selectmen Tuesday.

The Legislature approved LD 2257, An Act to Establish a Uniform Building and Energy Code, during its last session, she said.

The bill addresses building construction, energy efficiency, as well as testing for radon. It mandates every town of more than 2,000 residents to have a uniform building code, and it will be enforced, Marden said.

Jay currently has no building code or permit system in place.

There is money in the proposed 2008-09 budget for a part-time building inspector for fire safety purposes, as already required by law for a town of more than 2,000 people.

When the uniform building code goes into effect for towns fitting the requirement, Jay will need someone to do more building inspections, Marden said.

The town has an environmental code enforcement officer paid for through industry permit fees and does not come out of tax dollars.

Selectmen Chairman Bill Harlow asked whether there would be some reimbursement from the state because it is an unfunded mandate.

The state claims it will have no impact on towns and it is not an unfunded mandate, Marden said, because it would be paid for through building permit fees the town will need to charge.

Funding for the new state board and training expenses for building inspectors will be provided from a surcharge on fire and life safety fees through the state Fire Marshal’s Office, according to a summary of the bill.

Town leaders spoke against the bill during hearings.

There is a staggered effective date for enforcement of the state code.

A municipality that has more than 2,000 residents that has adopted any building code by Aug. 1, 2008, shall begin enforcement of the uniform code by June 1, 2010. Any municipality with more than 2,000 residents that has not adopted any building code by Aug. 1, 2008, shall begin enforcement of the code by Jan. 1, 2012, according to the bill summary. Enforcement of the code in towns with fewer than 2,000 residents is optional.

The new code will replace all building and energy codes adopted by state agencies and municipalities.

It establishes the Technical Building Codes and Standards Board in the Department of Public Safety, which will amend, update and adopt the code.

The board will also identify and resolve conflicts between the code and other building-related codes, publish conflict resolutions on the Internet within 30 days, establish a process for considering amendments suggested by municipalities and citizens, and ensure that training and certification for municipal building inspectors is readily available, affordable and accessible, the summary states.

Enforcement of the code will be carried out by local building inspectors in municipalities of more than 2,000 residents, and these municipalities are considered the authority having jurisdiction over matters of local code enforcement.