Sec. V-1. 32 MRSA §14802, sub-§1-A is enacted to read:
1-A. ASME container. "ASME container" means a container constructed in accordance with the pressure vessel code jointly developed by the American Petroleum Institute, or its successor organization, and the American Society of Mechanical Engineers, or its successor organization.
Sec. V-2. 32 MRSA §14802, sub-§6, as enacted by PL 1995, c. 389, §4, is amended to read:
6. Dispensing station. "Dispensing station" means a facility consisting of fixed equipment where propane or natural gas is stored and dispensed into portable containers or containers that are not suitable for the shipping of cargo and that are mounted on vehicles.
Sec. V-3. 32 MRSA §14802, sub-§7, as enacted by PL 1995, c. 389, §4, is amended to read:
7. License. "License" means a license issued pursuant to this Act containing one or more of the following endorsements: delivery technician; plant operator; tank setter and outside piping technician; appliance connection and service technician up to 2,000,000 500,000 BTUs per appliance; and large equipment connection and service technician over 2,000,000 500,000 BTUs per appliance.
Sec. V-4. 32 MRSA §14804, sub-§8, as enacted by PL 1997, c. 727, Pt. C, §16, is amended to read:
8. Inspection of aboveground and underground propane and natural gas storage facilities and rooftop installations of ASME containers. The board shall inspect and issue permits to aboveground and underground propane and natural gas storage facilities and rooftop installations of ASME containers. The cost of inspection of an aboveground propane and natural gas storage facility under this subsection and the permit may not exceed $50.
Sec. V-5. 32 MRSA §14805, sub-§3, as enacted by PL 1995, c. 389, §4, is amended to read:
3. Order to correct deficiency; appeal. Any person ordered by a state propane and natural gas inspector to correct a deficiency or to vacate a building or structure may appeal the order by filing with the board within 48 hours 7 days of receipt of the order a written notice of appeal. The board shall review that appeal and issue its written decision within 10 days a reasonable time after receipt of the notice of appeal. If the board upholds the inspector's order, it shall prescribe the time period for the requisite correction specified in its written decision or the time within which that person must vacate the building or structure. The decision must be complied with, unless appealed as provided. Any person ordered by the board to correct a deficiency or to vacate a building or structure may appeal the order to the Superior Court in accordance with the Maine Administrative Procedure Act by filing a petition for review within 48 hours of receipt of the order. The court shall issue its written decision within 20 days after receipt of the petition for review.
Sec. V-6. 32 MRSA §14805, sub-§§7 and 8 are enacted to read:
7. Failure to comply with order of propane and natural gas inspector. If the owner, occupant of any building or dispensing station or an installer neglects or refuses, without justification, for more than 10 days to comply with any order of a propane and natural gas inspector concerning the performance of any functions governed by this chapter, that person commits a civil violation for which a forfeiture of not less than $100 for each day's neglect may be adjudged.
8. Violations; forfeiture. Any person, firm or corporation who makes a propane or natural gas installation without being licensed as provided by this chapter; any person, firm or corporation in the propane or natural gas installation business who employs an unlicensed person, unless the work is exempted under this chapter; or any person who procures any license as provided in this chapter wrongfully or by fraud is guilty of a Class E crime. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the Administrative Court or whether proceedings to impose a civil forfeiture have been or may be instituted.
Sec. V-7. 32 MRSA §14807, sub-§1, ¶¶D and E, as enacted by PL 1995, c. 389, §4, are amended to read:
D. "Appliance connection and service technician" is a person who installs and services propane and natural gas appliances and indoor piping up to 2,000,000 500,000 BTUs per appliance; and
E. "Large equipment connection and service technician" is a person who installs and services propane and natural gas appliances and indoor piping over 2,000,000 500,000 BTUs per appliance.
Sec. V-8. 32 MRSA §14807, sub-§3-A is enacted to read:
3-A. License required. A person may not perform the functions governed by this Act after July 1, 1997 without first being licensed by the board.
Sec. V-9. 32 MRSA §14807, sub-§4-A is enacted to read:
4-A. Personal abode. Nothing in this chapter prevents a person from making a propane or natural gas installation in a single family residence occupied or to be occupied by that person as that person's bona fide personal abode, as long as that installation conforms with board laws and rules.
Sec. V-10. 32 MRSA §14807, sub-§7, as enacted by PL 1997, c. 270, §2, is repealed.
Sec. V-11. 32 MRSA §14807-A is enacted to read:
The licensing provisions of section 14807 do not apply to the following:
1. Highway transport drivers. Highway transport drivers who deliver propane to bulk plants or industrial customers;
2. Industrial plant employees. Regular employees of industrial plants installing and servicing propane or natural gas-fired equipment of greater than 10,000,000 BTUs per hour input; and
3. Internal combustion engine technicians. Persons working on internal combustion engines and associated gas trains.
Sec. V-12. 32 MRSA §14813, sub-§5 is enacted to read:
5. Application fee. An application fee, which may not exceed $25, may be established by the board by rule.
Sec. V-13. 32 MRSA §14814, as enacted by PL 1995, c. 389, §4, is amended to read:
All licenses issued expire 2 years from the date of issuance or at other times the commissioner may designate. All licenses may be renewed for 2-year periods upon filing the appropriate application and fee.
The board shall notify a person registered under this chapter of the date of expiration of that person's license and the fee required for its renewal for a 2-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license.
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board, in its discretion and giving due consideration to the protection of the public, may waive examination or other requirements if the renewal is made within 2 years from the date of the expiration. The board may establish penalties for nonrenewal. Notwithstanding any other provision of this chapter, the board shall waive examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who has failed to renew the license because the person was on active duty in the Armed Forces; except that the waiver of examination may not be granted if the person served more than 4 years in the Armed Forces, unless the person was required by some mandatory provision to serve a longer period and the person submits satisfactory evidence to the board.
Sec. V-14. 32 MRSA §14817, as enacted by PL 1995, c. 625, Pt. A, §45, is repealed.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
