| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. A-1. 32 MRSA §15104-A, sub-§1, as enacted by PL 1999, c. 386, Pt. | | W, §7, is amended to read: |
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| | | 1. Rules. The board shall, in accordance with Title 5, | | chapter 375, adopt rules to implement the purposes of this | | chapter, including rules for the safe and proper construction, | | installation, repair, use and operation of boilers and pressure | | vessels in this State. The rules must conform as nearly as | | practicable to the code. Rules adopted by the board under this | | section are routine technical rules as defined in Title 5, | | chapter 375, subchapter II-A. |
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| | | The board shall publish and distribute among boiler manufacturers | | and others requesting them copies of the rules adopted by the | | board at a cost sufficient only to cover the printing and mailing | | expenses of distribution. |
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| | | Sec. A-2. 32 MRSA §15104-B is enacted to read: |
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| | | §15104-B.__Appeals; variances |
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| | | A person aggrieved by an order or act of the chief inspector | | or a deputy inspector under this chapter may, within 15 days | | after notice of the order or act, appeal from the order or act to | | the board, which shall hold a hearing pursuant to Title 5, | | chapter 375, subchapter IV.__After the hearing, the board shall | | issue an appropriate order either approving or disapproving the | | order or act. |
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| | | Any person who is or will be aggrieved by the application of | | any law, code or rule relating to the installation or alteration | | of boilers and pressure vessels may file a petition for a | | variance, whether compliance with that provision is required at | | the time of filing or at the time that provision becomes | | effective.__The filing fee for a petition for a variance must be | | set by the Director of the Office of Licensing and Registration | | under section 15109, subsection 9.__The chief inspector may grant | | a variance if, owing to conditions especially affecting the | | particular boiler or pressure vessel involved, the enforcement of | | any law, code or rule relating to boilers or pressure vessels | | would do manifest injustice or cause substantial hardship, | | financial or otherwise, to the petitioner or would be | | unreasonable under the circumstances, provided that desirable | | relief may be granted without substantial detriment to the public | | good and without nullifying or substantially derogating from the | | intent or purpose of that law, code or rule.__In granting a |
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