H.P. 803 - L.D. 1126
An Act to Increase Internal Plumbing Fees and Remedy Inconsistencies in Plumbing Laws
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 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
1. Municipal ordinances. Municipalities may enact ordinances under their home rule authority which that are more restrictive than rules governing plumbing or subsurface waste water wastewater disposal systems adopted by the department Department of Professional and Financial Regulation and the Department of Human Services, respectively. The 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.
Sec. 2. 30-A MRSA §4211, sub-§2, as amended by PL 1993, c. 404, Pt. C, §1, is further amended to read:
2. State rules. No A municipal ordinance may not be less restrictive than the rules of the department relating to plumbing or subsurface waste water wastewater disposal systems as adopted under Title 22, section 42. The rules of the department relating to all plumbing or subsurface waste water wastewater disposal systems have full force and effect, provided that, to the extent that a municipality has enacted more restrictive ordinances, the provisions of those ordinances prevail.
Sec. 3. 30-A MRSA §4211, sub-§5, as amended by PL 1997, c. 106, §1, is further amended to read:
5. Permit fees. The following permit fees may be charged.
A. A plumbing permit fee of $4 $6 per internal fixture may be charged.
B. A maximum plumbing permit fee of $4 may be charged for all other internal plumbing work.
C. A minimum fee, not to exceed $12 $24, may be charged for all internal plumbing permits combined.
D. A nonengineered subsurface waste water wastewater disposal system fee not to exceed $100 may be charged.
Sec. 4. 30-A MRSA §4212, sub-§§1 and 2, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, are further amended to read:
1. Administration of rules. The department is responsible for ensuring the proper administration of the plumbing and subsurface waste water wastewater disposal rules and permitting processes by municipalities. The department shall assist municipalities in complying with this subchapter and with section 3428.
2. Review. The department shall review the administration of plumbing and subsurface waste water wastewater disposal rules and laws in each municipality for compliance with this subchapter and with section 3428. This review shall must be made on a regular basis and may be made in response to a written complaint from any person as necessary. The department shall inspect the municipality's records and discuss the administration of the program with the local plumbing inspector. The local plumbing inspector shall be available during the department's review and shall cooperate in providing all necessary information. The department shall report the results of its review in writing to the municipality and, when applicable, to the complainant. The written notice shall must set forth the department's findings of whether the municipality is in compliance with this subchapter and section 3428.
Sec. 5. 30-A MRSA §4214, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
It is the intent of the Legislature that local jurisdictions have primary responsibility for enforcing rules adopted by the department governing the installation and inspection of plumbing and subsurface waste water wastewater disposal systems. The adoption of rules by the department does not deny municipal authority under section 3001 to adopt more restrictive ordinances.
Sec. 6. 30-A MRSA §4215, sub-§4, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
4. Fees. The plumbing inspector shall issue any permit under this section upon receipt and approval of a completed application form as prescribed by the commissioner and payment by the applicant of the fee established by the municipality. The fee must be at least the minimum amount determined by rule of the department. One-quarter of the amount of the minimum fee shall must be paid through the department to the Treasurer of State to be maintained as a permanent fund and used by the department to implement its plumbing and subsurface waste water wastewater disposal rules and, to train and certify local plumbing inspectors administer the receipt and collation of completed permits and to issue plumbing permit labels to the municipality and by the State Planning Office for training and certification of local plumbing inspectors. The remainder of the fee shall must be paid to the treasurer of the municipality.
Sec. 7. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
1999-00 2000-01
EXECUTIVE DEPARTMENT
State Planning Office
Positions - Legislative Count (1.000) (1.000)
Personal Services $27,143 $36,190
All Other 9,867 13,156
Allocates funds to continue funding for a Research and Planning Associate position that has some responsibility for code enforcement officer training and certification. This position is currently funded with federal funds.
EXECUTIVE DEPARTMENT ____________ ____________
TOTAL $37,010 $49,346
Effective September 18, 1999, unless otherwise indicated.
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