1.Plumbing and plumbing code.
The board shall adopt minimum rules relating to plumbing, including a plumbing code.
All rules, including installation and inspection rules, must be consistent with this
chapter and Title 30-A, chapter 185, subchapter III, except that the authority of
municipalities to adopt more restrictive ordinances under Title 30-A, section 3001
is not preempted. Notwithstanding the Maine Administrative Procedure Act, the adoption
of a national or international published plumbing code as a new plumbing code for
the State constitutes a major substantive rule and must receive affirmative action
by the Legislature before adoption. Subsequent technical amendments to any national
or international published plumbing code that may be adopted pursuant to this section
are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
2001, c. 215, §1 (AMD)
2.Plumbing code violations.
Any person who violates the rules adopted pursuant to this section or who violates
a municipal ordinance adopted pursuant to Title 30-A, sections 4201 and 4211 must
be penalized in accordance with Title 30-A, section 4452. Enforcement of the rules
is the joint responsibility of the municipalities and the board. The board or a municipality
may seek to enjoin violations of the rules or municipal ordinances. In the prosecution
of a violation by a municipality, the court shall award reasonable attorney's fees
to a municipality if that municipality is the prevailing party, unless the court finds
that special circumstances make the award of fees unjust.
1997, c. 727, Pt. C, §9 (NEW)
1997, c. 727, §C9 (NEW).
2001, c. 215, §1 (AMD).
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