LD 1004
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LD 1004 Title Page An Act To Clarify the Status of Regulated Water Utility Plumbing Permits Page 2 of 2
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LR 1132
Item 1

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

 
Sec. 1. 30-A MRSA §4211, sub-§1, as amended by PL 1999, c. 228, §1,
is further amended to read:

 
1. Municipal ordinances. Municipalities may enact
ordinances under their home rule authority that are more
restrictive than rules governing plumbing or subsurface
wastewater disposal systems adopted by the Department of
Professional and Financial Regulation and the Department of
Human Services, respectively. Either department may provide
technical assistance to municipalities in the development of
ordinances under this subchapter, pertaining to their
respective rules. The municipality shall enforce any such
ordinance. A municipality may not impose a permit requirement
that is inconsistent with rules adopted by the Plumbers'
Examining Board pursuant to Title 32, section 3403-B relating
to installation of water meters, related valves or backflow
prevention devices by a water utility regulated by the Public
Utilities Commission or by a contractor for such a water
utility.

 
Sec. 2. 32 MRSA §3403-B, sub-§1, as amended by PL 2001, c. 215, §1,
is further amended to read:

 
1. Plumbing and plumbing code. The board shall adopt
minimum rules relating to plumbing, including a plumbing code.
All rules, including installation and inspection rules, must
be consistent with this chapter and Title 30-A, chapter 185,
subchapter III, except that the 3.__The authority of
municipalities to adopt more restrictive ordinances under
Title 30-A, section 3001 is not preempted, except that a
municipality may not impose a permit requirement that is
inconsistent with rules adopted by the board relating to
installation of water meters, related valves and backflow
prevention devices by a water utility regulated by the Public
Utilities Commission or by a contractor for such a water
utility. Notwithstanding the Maine Administrative Procedure
Act, the adoption of a national or international published
plumbing code as a new plumbing code for the State constitutes
a major substantive rule and must receive affirmative action
by the Legislature before adoption. Subsequent technical
amendments to any national or international published plumbing
code that may be adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter
II-A 2-A.

 
Sec. 3. Plumbing code revision. The Plumbers' Examining Board, as
established by the Maine Revised Statutes, Title 5, section
12004-A, subsection 32, shall review and revise its rules
relating to plumbing in order to clarify and codify the long-
standing interpretation by water utilities and municipalities
that excludes from permit requirements all


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