LD 1262
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LD 1262 Title Page An Act to Properly Apply Jurisdiction of Chimney Regulation Page 2 of 2
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LR 1230
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 25 MRSA §2465, as amended by PL 1997, c. 728, §§31 and 32,
is further amended to read:

 
§2465. Adoption of regulations

 
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".

 
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.

 
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."

 
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.

 
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."

 
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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