| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 25 MRSA §2465, as amended by PL 1997, c. 728, §§31 and 32, | | is further amended to read: |
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| | | §2465. Adoption of regulations |
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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 2000 edition of the | | National Fire Protection Association Code #211, "The Standards | | for Chimneys, Fireplaces, Vents and Solid Fuel Burning | | Appliances". |
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| | | 2. Prohibitions. A person may not for compensation construct | | or install any vent or solid fuel burning appliance unless | | constructed or installed in accordance with the provisions of the | | National Fire Protection Association Code #211, "The Standards | | for Chimneys, Fireplaces, Vents and Solid Fuel Burning | Appliances." Construction and installation of chimneys and | fireplaces are governed by Title 32, chapter 33. |
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| | | 3. Enforcement. Subject to Title 32, chapter 33, the The | | Commissioner of Public Safety or the commissioner's designees, | state oil and solid fuel compliance officers, duly appointed fire | | chiefs or their designees, and municipal building inspectors and | | code enforcement officers may enforce the requirements of "The | | Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning | Appliances" and Title 32, section 2313-A. Appliances." |
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| | | 4. Prior installation. Any chimney, fireplace, vent or solid | | fuel burning appliance constructed or installed prior to the | | effective date of this section may be continued in use subject to | | the provisions of section 2432. |
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| | | 5. Home rule. Subject to Title 32, chapter 33, any Any | | municipality may adopt as ordinance requirements for the | | materials, installation or construction of chimneys, fireplaces, | | vents or solid fuel burning appliances that exceed the | | requirements of "The Standards for Chimneys, Fireplaces, Vents | | and Solid Fuel Burning Appliances." |
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| | | 5-A. Safety information. A new factory-built fireplace, | | fireplace stove or solid fuel burning room heater may not be sold | | in retail trade, unless the seller provides the buyer, on or | | before the sale, with an installation instruction manual or, in | | the case where such a manual is not available, with a publication | | of the Department of Economic and Community Development | | containing recommended clearances the same as those prescribed in |
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