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| Whereas, in the judgment of the Legislature, these facts create an | | emergency within the meaning of the Constitution of Maine and | | require the following legislation as immediately necessary for the | | preservation of the public peace, health and safety; now, | | therefore, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 25 MRSA §2465, as corrected by RR 2003, c. 1, §25, is | | amended to read: |
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| | | 1. Adoption of rules. The Commissioner of Public Safety | shall, in accordance with the Maine Administrative Procedure Act, | Title 5, chapter 375, adopt by reference the Rules and | Regulations as found in the then current edition of the National | Fire Protection Association Code #211, "The Standards for | Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances". |
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| | | 1-A.__Routine technical rules.__The Commissioner of Public | | Safety shall adopt rules pertaining to the construction, | | installation, maintenance and inspection of chimneys, fireplaces, | | vents and solid fuel burning appliances.__Rules adopted pursuant | | to this subsection may include rules pertaining to maintenance | | and inspections, except as provided in subsection 1-B.__Rules | | adopted pursuant to this subsection are routine technical rules | | as defined in Title 5, chapter 375, subchapter 2-A. |
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| | | 1-B.__Major substantive rules.__The Commissioner of Public | | Safety may adopt rules requiring maintenance and inspection of | | chimneys, fireplaces, vents and solid fuel burning appliances | | upon the sale or transfer of property.__Rules adopted pursuant to | | this subsection are major substantive rules as defined in Title | | 5, chapter 375, subchapter 2-A. |
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| | | 2. Prohibitions. A person may not for compensation construct | or | unless that vent or appliance is constructed or | maintained in accordance with the provisions of the National Fire | Protection Association Code #211, "The Standards for Chimneys, | Fireplaces, Vents and Solid Fuel Burning Appliances." | | section or the rules adopted pursuant to this section. | | Construction and installation of chimneys and fireplaces are also | | governed by Title 32, chapter 33. |
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| | | 3. Enforcement. Subject to Title 32, chapter 33, the | | Commissioner of Public Safety or the commissioner's designees, | | state oil and solid fuel compliance officers, duly appointed fire |
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