6. Penalty. Any person who, for compensation, constructs or installs vents or solid fuel burning appliances in violation of the standards and who permits such violation to remain uncorrected after 30 days' notice from any official empowered to enforce this section is guilty of a civil violation and is subject to a forfeiture of not more than $500 for each violation. The court may waive any penalty or cost against any violator upon satisfactory proof that the violation was corrected within 30 days of the issuance of a complaint. Construction and installation of chimneys and fireplaces are governed by Title 32, chapter 33.

Any person who fails to provide a purchaser with an instruction manual or the authorized publication of the Department of Economic and Community Development, as described in subsection 5- A, commits a civil violation for which a forfeiture of not less than $200 nor more than $500 for the first offense and not less than $500 nor more than $800 for each subsequent offense may be adjudged. In addition to the civil penalty provided in this subsection, any violation of this chapter constitutes a violation of Title 5, chapter 10.

7.__Disclosures; penalties.__A chimney or fireplace installer must issue a disclosure to any consumer prior to the installation taking place.__Disclosures must be in a format determined by the Commissioner of Public Safety and contain the information the commissioner considers necessary.

Any chimney or fireplace installer who fails to provide a disclosure to a consumer prior to the installation of a chimney or fireplace commits a civil violation for which a forfeiture of not less than $500 may be adjudged.

Sec. 2. 32 MRSA §2311, sub-§1, as amended by PL 1999, c. 386, Pt. J, §1, is further amended to read:

1. Accessory equipment. "Accessory equipment" means equipment, materials and controls that are not integral parts of the oil or solid fuel burning unit but that are connected to the oil or solid fuel burning unit and have the potential to affect the safety of the oil or solid fuel burning equipment. "Accessory equipment" does not include chimneys or fireplaces.

Sec. 3. 32 MRSA §2311, sub-§§4-B and 4-C, as enacted by PL 1991, c. 198, §6, are repealed.

Sec. 4. 32 MRSA §2311, sub-§6, as amended by PL 1991, c. 198, §7, is further amended to read:

6. Equipment installations. "Equipment installations" means the installation, alteration or repair of oil and solid fuel burning equipment, chimneys and fireplaces, as defined in this chapter, including accessory equipment as relating only to the safety of the installation. Associated electrical equipment must be wired in compliance with the rules of the Electricians' Examining Board.

Sec. 5. 32 MRSA §2313, as amended by PL 1991, c. 198, §11, is further amended to read:

§2313. Installations to conform to standards

No installation of oil or solid fuel burning equipment or chimneys and fireplaces as defined in this chapter may be made in the State unless the installation complies with all standards and regulations adopted by the board. Whenever oil or solid fuel burning equipment, accessory equipment or installation thereof are is separately contracted, the master burner technician in charge of installation is responsible for ascertaining total conformance to the standards. Whenever any state oil and solid fuel compliance officer finds a person installing or assisting in an with the installation of oil or solid fuel burner installation burning equipment, the person shall, on request of the compliance officer, provide evidence of being properly licensed when required by this chapter and, if unable to provide the evidence, shall furnish the compliance officer with that person's full name and address and, if applicable, the full name and address of the master in charge.

Sec. 6. 32 MRSA §2313-A, as corrected by RR 1991, c. 1, §46, is repealed.

Sec. 7. 32 MRSA §2314, as enacted by PL 1979, c. 569, §4, is amended to read:

§2314. Municipal licenses not required; municipal permits

No municipality, provisions in charters to the contrary, shall may require oil or solid fuel burner technicians to be municipally licensed, but no a municipality shall may not issue a permit for an oil or solid fuel burner burning equipment installation unless satisfied that the person applying for the permit complies with the requirements of this chapter.

Sec. 8. 32 MRSA §2315, sub-§1, as amended by PL 1999, c. 657, §15, is further amended to read:

1. Inspection. State oil and solid fuel compliance officers, upon written complaint of any owner, lessee or tenant of a building, state fire inspector, fire chief, fire department inspector, personnel of a transmission and distribution utility or local electrical inspector, or whenever they consider it necessary, for purposes of examination of the burner, chimney or fireplace installation oil and solid fuel burning equipment installations, may at all reasonable hours enter into and upon all buildings or premises within their jurisdiction and inspect the buildings or premises. The inspectors may enter any building only with the permission of the person having control of the building or, after hearing, upon order of the court. Whenever any such compliance officer finds any burner, chimney or fireplace oil and solid fuel burning equipment installation in any building or structure that does not comply with the requirements of this chapter, that officer shall order the burner, chimney or fireplace oil and solid fuel burning equipment to be removed or remedied, and the order must forthwith be complied with by the owner or occupant of that building or structure or the installer of the equipment. If the compliance officer finds an installation, which that falls under the compliance officer's jurisdiction in any building or structure that creates a danger to other property or to the public, the compliance officer may forbid the use of the building or structure by serving a written order upon the owner and the occupant, if any, to vacate within a reasonable period of time to be stated in the order.

Sec. 9. 32 MRSA §2315, sub-§5, as enacted by PL 1999, c. 386, Pt. J, §8, is amended to read:

5. Powers of oil and solid fuel compliance officers. Oil and solid fuel compliance officers have powers throughout the several counties of the State, similar to those of sheriffs in their respective counties, relating to enforcement of this chapter and rules adopted under this chapter. These powers are limited to the issuing of citations, the serving of summonses, the conducting of investigations, the ordering of corrections of violations and the issuance of orders to vacate a building or structure in accordance with this chapter. State oil and solid fuel compliance officers may review the burner, chimney or fireplace oil and solid fuel burning equipment installation records of any person licensed under this chapter or any person performing oil and solid fuel burning equipment installations as authorized under this chapter.

Sec. 10. 32 MRSA §2316, as amended by PL 1991, c. 198, §14, is further amended to read:

§2316. Failure to comply with order of compliance officer

If the owner, or occupant of any building or an installer neglects or refuses, without justification, for more than 10 days to comply with any order of an oil or solid fuel burner compliance officer concerning oil or solid fuel burner, chimney or fireplace burning equipment installations as provided 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.

Sec. 11. 32 MRSA §2317, first ¶, as amended by PL 1999, c. 386, Pt. J, §9, is further amended to read:

Any person, firm or corporation who makes an oil or solid fuel burner burning equipment installation without being licensed as provided by this chapter; any person, firm or corporation in the oil or solid fuel burner burning equipment 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.

Sec. 12. 32 MRSA §2351, 2nd ¶, as amended by PL 1999, c. 386, Pt. J, §10, is further amended to read:

Three of the appointive members must be oil burner technicians who are active in the trade. One of the members must have at least 5 years' experience and the other 2 members must have at least 10 years' experience as oil burner technicians. Nominees for appointment of the oil burner technician members may be recommended to the Governor by the Maine Oil Dealers Association. One of the appointive members must be a representative of the solid fuel burning industry, one must be a representative of the public and one must be a manufacturer, importer or wholesaler or a designee of a manufacturer, importer or wholesaler of equipment for burning oil and solid fuel, prefabricated fireplaces and chimneys or accessory equipment.

Sec. 13. 32 MRSA §2401, as amended by PL 1979, c. 569, §12, is repealed and the following enacted in its place:

§2401.__License required

Except as provided in this chapter, installation or servicing of oil and solid fuel burning equipment may be made only by a person licensed by the board.

Sec. 14. 32 MRSA §2401-A, sub-§1, as enacted by PL 1979, c. 569, §13, is amended to read:

1. Electricians. Any electrician duly licensed under chapter 17 insofar as the installation of electrical equipment or the performance of any electrical work involved in the installation of oil or solid fuel burners burning equipment is concerned;

Sec. 15. 32 MRSA §2401-A, sub-§4, as amended by PL 1995, c. 560, Pt. H, §13 and affected by §17, is further amended to read:

4. Engineers and operators. A person holding an engineer's license issued under, section 15109, or working under the general supervision of one so licensed while performing oil or solid fuel burner burning equipment repair and maintenance as is necessary in the steam or heating plant where that person is employed, if that work is performed in compliance with section 2313, or a person employed by companies under the jurisdiction of the Public Utilities Commission or the United States Nuclear Regulatory Commission whose facilities are subject to inspection under Title 26, chapter 5, subchapter II, Article 4;

Sec. 16. 32 MRSA §2401-A, sub-§6, as amended by PL 1999, c. 386, Pt. J, §13, is further amended to read:

6. Personal abode. Nothing in this chapter prevents a person from making an oil or solid fuel burner burning equipment installation in a single family residence occupied or to be occupied by that person as that person's bona fide personal abode, provided that as long as the installation conforms with board laws and rules.

Sec. 17. 32 MRSA §2402-A, as enacted by PL 1999, c. 386, Pt. J, §16, is amended to read:

§2402-A. Rules

The board may adopt reasonable rules for the issuance of various types and classes of licenses to cover oil and solid fuel burner burning equipment installations and to set forth standards and rules for product approval. A license may cover one or more types of installations. The board may further adopt reasonable rules concerning the term and type of experience required by candidates for examination.

SUMMARY

This bill removes the Oil and Solid Fuel Board from responsibility for chimney regulation in the State and clarifies that the Commissioner of Public Safety or the commissioner's designee has the responsibility for enforcing chimney regulation.