| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 30-A MRSA §4211, sub-§1, as amended by PL 1999, c. 228, §1, | | is further amended to read: |
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| | | 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. |
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| | | Sec. 2. 32 MRSA §3403-B, sub-§1, as amended by PL 2001, c. 215, §1, | | is further amended to read: |
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| | | 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. |
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| | | 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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