Public Laws

124th Legislature

First Regular Session


Parts: A B C D E

Chapter 344

H.P. 1007 - L.D. 1455

PART D

Sec. D-1. 25 MRSA 2354, as amended by PL 1991, c. 714, 6, is further amended to read:

2354. Inspection of buildings being repaired

Subject to Title 32, chapter 33 139, the inspector of buildings shall inspect all buildings while in process of being repaired and see that all reasonable safeguards are used against the catching and spreading of fire and that the chimneys and flues are made safe. The inspector may give directions in writing to the owner as necessary concerning such repairs to render the building safe from the catching and spreading of fire.

Sec. D-2. 25 MRSA 2465, sub-2, as amended by PL 2005, c. 571, 1, is further amended to read:

2.Prohibitions. A person may not for compensation construct, install or maintain any vent or solid fuel burning appliance unless that vent or appliance is constructed, installed or maintained in accordance with this section or the rules adopted pursuant to this section. Construction and installation of chimneys and fireplaces are also governed by Title 32, chapter 33 139.

Sec. D-3. 25 MRSA 2465, sub-3, as corrected by RR 2007, c. 2, 12, is amended to read:

3.Enforcement. Subject to Title 32, chapter 33 139, the Commissioner of Public Safety or the commissioner's designees, state oil and solid fuel compliance officers fuel inspectors, duly appointed fire chiefs or their designees and municipal building officials and code enforcement officers may enforce the requirements of this section, the rules adopted pursuant to this section and Title 32, section 2313-A 18108.

Sec. D-4. 25 MRSA 2465, sub-5, as amended by PL 2005, c. 571, 1, is further amended to read:

5.Home rule. Subject to Title 32, chapter 33 139, any municipality may adopt ordinance requirements for the materials, installation, construction, maintenance or inspection of chimneys, fireplaces, vents or solid fuel burning appliances that exceed the requirements of this section and the rules adopted pursuant to this section.

Sec. D-5. 25 MRSA 2465, sub-6, A, as enacted by PL 2003, c. 452, Pt. N, 6 and affected by Pt. X, 2, is amended to read:

A. A person who, for compensation, constructs or installs vents or solid fuel burning appliances in violation of the standards and then permits such violation to remain uncorrected after 30 days' notice from an official empowered to enforce this section commits a civil violation for which a fine of not more than $500 for each violation may be adjudged. The court may waive any penalty or cost against a violator upon satisfactory proof that the violation was corrected within 30 days of the issuance of a complaint. Construction and installation of chimneys and fireplaces are governed by Title 32, chapter 33 139.

Sec. D-6. 30-A MRSA 4221, sub-4, B, as amended by PL 2003, c. 304, 1, is further amended to read:

B. Installation of domestic heating appliances by master oil burner and solid fuel burning technicians licensed pursuant to Title 32, chapter 33 139; and

Sec. D-7. 32 MRSA 1102-A, sub-7, as enacted by PL 1999, c. 386, Pt. F, 8, is amended to read:

7.Oil burner technicians. A person licensed under chapter 33 139 subject to the restrictions of the license as issued;

Sec. D-8. 32 MRSA 1102-A, sub-8, as enacted by PL 1999, c. 386, Pt. F, 8, is amended to read:

8.Propane and natural gas installers. A person licensed under chapter 130 139, when installing propane and natural gas utilization equipment, subject to the restrictions of that person's license;

Sec. D-9. 32 MRSA 1102-B, sub-5, G, as enacted by PL 1999, c. 386, Pt. F, 9, is amended to read:

G. Work performed by any person licensed under chapter 33 139 as an oil burner technician, subject to the restrictions of the license as issued;

Sec. D-10. 32 MRSA 1102-B, sub-5, H, as enacted by PL 1999, c. 386, Pt. F, 9, is amended to read:

H. Work performed by a person licensed under chapter 130 139 as a propane and natural gas installer, when installing propane and natural gas utilization equipment, subject to the restrictions of that person's license;

Sec. D-11. 32 MRSA 3301, sub-5-A, as amended by PL 1999, c. 386, Pt. L, 1, is further amended to read:

5-A.Propane and natural gas installer. A "propane and natural gas installer" means a person licensed under chapter 130 139 when installing propane and natural gas utilization equipment, subject to the restrictions of that person's license.

Sec. D-12. 32 MRSA 3302, sub-1, B, as amended by PL 1999, c. 386, Pt. L, 2, is further amended to read:

B. Plumbing by oil burner technicians, duly licensed under chapter 33 139, and propane and natural gas installers, licensed under chapter 130 139, except that this exception only applies to hot and cold water connections to existing piping in the same room where the installation is taking place and does not apply beyond any existing branch connection supplying water; and

Sec. D-13. 38 MRSA 1281, as amended by PL 2005, c. 52, 2, is further amended to read:

1281. Emergency provisions

In an emergency that results from a sudden, unexpected event that is not a planned asbestos abatement project, including the emergency repair, installation, removal or servicing of heating equipment in single-unit residential buildings by persons licensed by the Oil and Solid Maine Fuel Board under Title 32, chapter 33 139, the commissioner may waive the requirements for a license or certificate under this chapter. For the purposes of this section, emergency includes a sudden unexpected event that, if not immediately attended to, presents a safety or health hazard; operations necessitated by nonroutine failures of equipment or to protect equipment from damage; and actions of fire and emergency medical personnel pursuant to duties within their official capacities. Any person who performs an asbestos abatement activity, which activity would normally require notification pursuant to section 1273, subsection 2, under emergency conditions, shall notify the commissioner by phone within one working day and in writing within 3 days after performance of that activity.

Sec. D-14. 38 MRSA 1395, sub-3, as enacted by PL 2007, c. 569, 6, is amended to read:

3.Licensed professional. Is installed by a journeyman or master oil burner and solid fuel burning technician licensed by the Oil and Solid Maine Fuel Board under Title 32, section 2401-B 18132 or 18133 or, in the case of an outside tank serving manufactured housing, by any person licensed by the Oil and Solid Maine Fuel Board under Title 32, section 2401 18140 to install such tanks.

Sec. D-15. Transition provisions. The following provisions govern the transition of the Oil and Solid Fuel Board and the Propane and Natural Gas Board to the Maine Fuel Board.

1. Board membership. The reconfiguration of the membership of the Maine Fuel Board must be achieved by attrition. All appointments to positions eliminated by this Act that become vacant or expire after January 1, 2010 may not be filled.

2. Board rulemaking. The rules adopted under the Maine Revised Statutes, Title 32, chapters 33 and 130 will remain in effect until the Maine Fuel Board adopts rules pursuant to this Act.

3. Licenses. With the exception of temporary licenses for delivery and plant operators, licenses issued by the Oil and Solid Fuel Board and the Propane and Natural Gas Board remain valid upon the effective date of this Act. Applicants for temporary delivery and plant operator licenses who apply after the effective date of this Act will be required to obtain a technician license with the appropriate authority. Temporary licenses for delivery and plant operators issued prior to the effective date of this Act remain valid until the expiration date and may not be reissued.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333