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An Act Regarding Residential Chimney Lining
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §9722, sub-§7  is enacted to read:
 
7.  Limitation.     The board may not adopt any rules or standards under this section that require a chimney in a residential dwelling to be lined unless the burning equipment used to heat the dwelling is a condensing unit that recaptures heat by condensing escaping water vapor.
Sec. 2. 25 MRSA §2452, first ¶, as amended by PL 2007, c. 632, §1, is further amended to read:
The Commissioner of Public Safety shall adopt and may amend rules governing the safety to life from fire in or around all buildings or other structures and mass outdoor gatherings, as defined in Title 22, section 1601, subsection 2, within the commissioner's jurisdiction. These rules do not apply to nursing homes having 3 or fewer patients. Automatic sprinkler systems may not be required in existing noncommercial places of assembly. Noncommercial places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement or awaiting transportation that have a capacity of 100 to 300 persons. The commissioner may not adopt any rules or standards under this section that require a chimney in a residential dwelling to be lined unless the burning equipment used to heat the dwelling is a condensing unit that recaptures heat by condensing escaping water vapor. Rules adopted pursuant to this section are routine technical rules, except that rules pertaining to fire sprinklers are major substantive rules, both of which are defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. 32 MRSA §18107, as amended by PL 2009, c. 652, Pt. A, §46, is further amended to read:
§ 18107.Installations to conform to standards
Installation of oil, solid fuel, propane and natural gas burning equipment and chimneys may not be made in this State unless the installation complies with all the standards and rules adopted by the board. These standards and rules may not prohibit the continued use of an existing connection of a solid fuel burning appliance to a chimney flue to which another appliance burning oil or solid fuel is connected for any chimney existing and in use prior to February 2, 1998 as long as sufficient draft is available for each appliance, the chimney is lined and structurally intact and a carbon monoxide detector is installed in the building near a bedroom. The standards and rules adopted by the board may not require a chimney in a residential dwelling to be lined unless the burning equipment used to heat the dwelling is a condensing unit that recaptures heat by condensing escaping water vapor. Whenever oil, solid fuel, propane and natural gas burning equipment, accessory equipment or its installation are separately contracted, the master oil and solid fuel burning technician or the propane and natural gas technician in charge of the installation is responsible for ascertaining total conformance to the standards and rules adopted by the board. Whenever a state fuel inspector authorized under section 18110 finds a person installing or assisting in an oil, solid fuel, propane or natural gas installation, that person shall, on request of the state fuel inspector, provide evidence of being properly licensed when required by this chapter and, if unable to provide the evidence, shall furnish the state fuel inspector with that person's full name and address and, if applicable, the full name and address of the master oil and solid fuel burning technician or the propane and natural gas technician in charge.
Sec. 4. 32 MRSA §18123, sub-§2, as amended by PL 2009, c. 652, Pt. A, §47, is further amended to read:
 
2. Rules.   The board may, in accordance with the Maine Administrative Procedure Act, adopt rules commensurate with the authority vested in it by this chapter, including, but not limited to, rules adopting technical standards for the proper installation and servicing of oil, solid fuel, propane and natural gas burning equipment. Rules adopted pursuant to this subsection may not prohibit the continued use of an existing connection of a solid fuel burning appliance to a chimney flue to which another appliance burning oil or solid fuel is connected for any chimney existing and in use prior to February 2, 1998 as long as sufficient draft is available for each appliance, the chimney is lined and structurally intact and a carbon monoxide detector is installed in the building near a bedroom. The rules may not require a chimney in a residential dwelling to be lined unless the burning equipment used to heat the dwelling is a condensing unit that recaptures heat by condensing escaping water vapor. The board may adopt by rule national or other technical standards, in whole or in part, that it considers necessary to carry out the provisions of this chapter. Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill prohibits state fire, safety and building codes from requiring a chimney in a residential dwelling to be lined unless the burning equipment used to heat the dwelling is a condensing unit that recaptures heat by condensing escaping water vapor.