An Act To License Home Building and Improvement Contractors
Maine Legislature, Session 121, LD 1551
Committee: Business, Research and Economic Development
Sponsors: COWGER, BRENNAN, BERUBE, DUDLEY, DUPLESSIE, KOFFMAN, ROGERS, SULLIVAN, SUSLOVIC, BROMLEY
Amends: 5 MRSA §12004-A, 32 MRSA §15343

Legislative Document 
No. ISSI 
H.P.1137 
House of Representatives, April 10,2003 
An Act To License Home Building and Improvement Contractors 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative COWGER of Hallowell. 
Cosponsored by Senator BRENNAN of Cumberland and 
'7Y/~/h.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERUBE of Lisbon, DUDLEY of Portland, DUPLESSIE of Westbrook, 
KOFFMAN of Bar Harbor, ROGERS of Brewer, SULLIVAN of Biddeford, SUSLOVIC of 
Portland, Senator: BROMLEY of Cumberland. 
Prin,ed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §12004-A, sub-§20-A is enacted to read: 
20-A. Maine Home 
Contractor Licensing 
Board 
Public Members 32 MRSA §15343 
Legislative 
Per Diem 
Other Members -
No Compensation 
Authorized 
Sec. 2. 32 MRSA c.135 is enacted to read: 
CHAPTER 135 
MAIRE IDlE COJ.f,rRAC"l'QR LICEHSIHG ACT 
§15341. 
Short title 
This chapter may be 
known and cited as "the Maine 
Home 
Contractor Licensing Act." 
§15342. 
Definitions 
1. 
Applicant. 
"Applicant" means a person who applies for a 
home contractor's license or a home contractor salesperson. 
2. 
Board. 
"Board" 
means 
the 
Maine 
Home 
Contractor 
Licensing Board as established in this chapter. 
3. 
Coaaissioner. 
"Commissioner" means the Commissioner of 
Professional and Financial Regulation. 
4. 
Contract. 
"Contract" 
means 
an agreement between 
an 
owner and a home contractor or a home contractor salesperson to 
build a dwelling or perform any home improvements. 
5. 
Department. 
"Department" 
means 
the 
Department 
of 
Professional and Financial Regulation. 
6. 
Dwelliug. 
"Dwelling" means any building that contains 
one or 2 dwelling units. 
7. 
Dwelling unit. 
"Dwelling unit" means 
a 
single unit 
providing complete independent living facilities for one or more 
persons, 
including permanent provisions for 
living, 
sleeping, 
eating, cooking and sanitation. 
8. 
Employee. 
"Employee" has the same meaning as provided 
in Title 26, section 591, subsection 1. 
Page l-LR1815(1) 
9. 
BOlle contractor. 
"Home contractor" means a person who 
undertakes. offers to undertake or submits a bid to: 
A. 
Build a dwelling: or 
B. 
Perform any home improvement. 
"Home contractor" includes a person covered by paragraphs A or B 
who is operating as a subcontractor for another home contractor. 
10. 
Bome 
contractor 
salesperson. 
"Home 
contractor 
salesperson" 
means 
any 
person 
who 
negotiates 
or 
offers 
to 
negotiate a contract for home contractor services with an owner 
or who solicits or otherwise endeavors to procure by any means 
whatsoever. 
directly 
or 
indirectly. 
a 
contract 
for 
home 
contractor services from an owner. 
11. 
Bome contractor services. 
"Home contractor services" 
means those services. including home improvement. performed by a 
home contractor salesperson or a home contractor licensed under 
this chapter. 
• 
Bome improYement. 
"Home improvement" includes. but is 
not limited to: 
A. 
The 
repair. 
replacement. 
remodeling. 
removal, 
renovation. 
alteration, 
conversion. 
modernization, 
improvement. demolition. rehabilitation or sandblasting of 
or addition to any dwelling; 
B. 
The 
construction, 
replacement. 
installation 
or 
improvement of buildings. garages. carports. porches. patios 
or decks, if their use is incidental to that of a dwelling; 
or 
C. 
The 
removal, 
repair, 
replacement or installation of 
roofing, siding. insulation, solar energy systems, security 
systems, 
doors. 
windows 
or 
central 
heating 
or 
air 
conditioning systems. 
13. 
Licensee. 
"Licensee" means a person who is issued a 
license to do business in this State as a home contractor or a 
home contractor salesperson. 
14. 
License D1PPher. 
"License number" means a number issued 
by the board to a person who is issued a license to do business 
as a home contractor or a home contractor salesperson. 
15. 
Lien. 
"Lien" means any legal claim on or security 
interest in real property created by consent or by operation of 
law. 
16. 
Owner. 
"Owner" means any owner, lessee or any person 
who orders, contracts for or purchases home contractor services 
or the person entitled to enforce the performance of the work of 
a home contractor. 
17. 
Person. 
"Person" 
means 
any 
natural 
person, 
corporation, partnership or other business entity. 
§15343. 
Board: organization 
The Maine Home Contractor Licensing Board, as established in 
Title 
5, 
section 
12004-A, 
subsection 
20-A, 
administers 
the 
provisions of this chapter to protect the public with respect to 
the practice of home contracting. 
1. 
Board membership. 
The board consists of 7 members as 
follows: 
A. 
Two public members who are appointed by the Attorney 
General; 
B. 
One home contractor licensed under this chapter, having 
at least 
years 
of 
experience 
as 
a 
home 
contractor, 
appointed by the Governor; 
C. 
One municipal code enforcement officer, appointed by the 
Governor; 
D. 
One engineer or architect. licensed under this Title, 
appointed by the Goyernor; 
E. 
One representative of the fire service in this State, 
appointed by the Governor; and 
F. 
One 
representative 
of 
the 
property 
and 
casualty 
insurance 
business 
who 
is 
a 
resident 
of 
this 
State, 
appointed by the Governor. 
2. 
Terms: reaoyal. 
The term of office of each member is 4 
years, except as provided in this subsection and members are 
eligible for reappointment. 
If there is a vacancy for any cause, 
the appointing authority shall make an appointment immediately 
effective for the unexpired term. 
Members may be removed for 
cause by the officials who appointed them. 
In order to provide 
staggered expiration dates of terms, 
the duration of initial 
terms is as follows: 
A. 
The fire service representative in this State for 
years: 
B. 
One public member for 3 years: 
C. 
One public member for 4 years: 
D. 
Th~ insyra,n~~ r~pr~s~nta,tiv~ fQr 2 
y~a,rs: 
E. 
One hQme cQntra,ctQr fQr 3 yea,rs: 
F. 
The mynicipa,l cQde enfQrcement Qfficer fQr 4 yea,rSj and 
G. 
The engineer or architect for 2 years. 
3. 
Meetings; quorum. 
The board Sha,ll meet a,t lea,st once a 
year and at such Qther times as the bQa,rd determines necessary. 
A majority Qf the members Qf the bQa,rd cQnstitytes a gUQrum for 
the transactiQn of bysiness under this chapter. 
4. 
Election of officers. 
The board shall a,nnyally elect a 
chair and other Qfficers as the bQard determines necessary. 
§15344. 
Rules 
The board may establish guidelines and ryles by which this 
chapter is administered. 
Except as otherwise indicated, rules 
adopted pursyant to this chapter are roy tine technical rules as 
defined in Title 5, cha,pter 375, sybchapter 2-A. 
The board may 
adopt rules: 
1. 
Professional 
gyalifications. 
To 
be 
applied 
in 
determining whether professional gualifications meet the license 
gualifications under this chapter: 
2. 
License qualifications. 
Relating tQ the gualifications 
of an applicant for a license authorized under this chapter that 
ensure 
that 
an 
applicant 
is 
sufficiently 
trystworthy 
and 
competent to practice as a licensee under this cha,pter: 
3. 
Standards of practice. 
Consistent with the standards 
set forth in this chapter and the byilding cQde adopted in this 
chapter governing the practice of 
home 
cQnstryction or 
home 
improvement and the sales of home contractor services in order to 
establish standards Qf practice that serve the pyblic interest. 
These may be in a,ddition to the ryles established ynder this 
chapter: and 
4. 
Other. 
TQ enforce other ryles tha,t a,re necessary for 
the perfQrmance Qf the bQard's dyties ynder this cha,pter. 
§15345. 
Fees 
The Director of the Office of Licensing and Registration, 
pursuant to Title 10, section 8003, subsection 2-A, paragraph D, 
may establish by rule fees for purposes authorized under this 
chapter in amounts that are reasonable and necessary for their 
respective purposes, 
except that 
a 
fee 
may 
not exceed 
$350 
annually. 
§15346. 
Duties; POvers 
The board has the following duties and powers, in addition 
to those otherwise set forth in this chapter. 
1. 
Consent agreements. 
The board may execute a 
consent 
agreement that resolves 
a 
complaint or investigation without 
further 
proceedings 
pursuant 
to 
Title 
10, 
section 
8003, 
subsection 5, paragraph B. 
The consent agreement may not resolve 
any private rights of action created under section 15362. 
2. 
Denial of license. 
The board may not refuse to issue or 
renew a license for a reason other than the failure to pay a 
required 
fee 
unless 
the 
applicant 
has 
been 
afforded 
an 
opportunity 
for 
an 
adjudicatory hearing consistent with 
the 
board's rules. 
3. 
Hearings. 
The 
board 
shall 
conduct 
hearings 
in 
accordance with Title 5, chapter 375, subchapter 4 to the extent 
applicable. 
The 
board after hearing may 
impose disciplinary 
sanctions pursuant to Title 10, 
section 8003, 
subsection 5, 
paragraph A-I. 
In addition, 
the board pursuant to Title 5, 
section 10004 may revoke or suspend a license. 
4. 
Investigation. 
The board shall investigate or cause to 
be investigated all complaints made to the board and all cases of 
noncompliance with or violation of this chapter. 
5. 
License 
~,a]ification. 
The 
board shall evaluate 
a 
person's qualifications for licensure under this chapter. 
§15347. 
Licensing; general gyalifications 
1. 
License 
reqpired. 
A 
person 
who 
acts 
as 
a 
home 
contractor or home contractor salesperson as defined in this 
chapter must be licensed under this section. 
The board may grant 
the following licenses: 
A. 
Home contractor: and 
B. 
Home contractor salesperson. 
2. 
ARPlicatioD&. 
Applications for home contractor or home 
contractor salesperson licenses must be submitted to the board on 
forms prescribed and furnished by the board and must contain the 
information and be accompanied by the attachments required by 
rule of the board. together with the prescribed fee. 
3. 
Crjmjnal 
histo~ infonaation. 
Pursuant to Title 5. 
chapter 341. the applicant shall provide criminal history record 
information. 
§15348. 
Insurance 
A licensee must have 
insurance covering personal injury 
arising as a result of licensed activities in an amount not less 
than $300,000 per individual and $500,000 per occurrence and 
insurance 
covering 
property 
damage 
ar1s1ng 
as 
a 
result 
of 
licensed activities in an amount not less than $50,000. 
The home 
contractor shall provide satisfactory evidence to the board at 
the time of registration and annual renewal that the insurance 
required by this section has been procured and is in effect. 
§15349. 
Exemptions to licensing 
A license is not required under this chapter for a person 
1. 
Home contractor: home contractor salesperson. 
Acts as a 
home contractor or home contractor salesperson, but who does not 
receive $1,400 or more from anyone owner in a calendar year: 
2. 
Labor: services. 
Performs labor or services for a home 
contractor as an employee: 
3. 
Trade: profession. 
Holds 
a 
license for 
a 
trade or 
profession and who is acting exclusively within the scope of the 
profession for which the person is licensed: 
4. Representative. 
Is an authorized representative of the 
United 
States 
Government, 
the 
State 
or 
any 
incorporated 
municipality, county or other political subdivision of this State 
who 
is 
acting 
within 
the 
scope 
of 
that 
representative's 
authorization: 
5. 
Ownership interest. 
Performs work on a 
property in 
which 
that 
person 
has 
an 
ownership 
interest 
or 
a 
lessee 
performing work on the lessee's leased property: 
6. 
Certified vocational school program. 
Is 
a 
student 
enrolled in a certified vocational school program in which the 
student· works under the direct supervision of a licensed home 
contractor; 
7. 
Public utility. 
Is a public utility operating under the 
regulations of the Public Utilities Commission in construction, 
maintenance 
or 
development 
work 
incidental 
to 
the 
public 
utility's business; or 
8. 
Supplies: materials. 
Only furnishes materials, supplies 
or equipment without fabricating them or consuming them in the 
performance of the work of the home contractor. 
§15350. 
License limitation 
A license issued under this chapter may be issued to a 
person or a business entity. 
If the applicant is a corporation, 
partnership, limited liability company or other business entity, 
a qualifying natural person within the entity must be designated 
on the application and the entity's license must be terminated 
immediately if that individual no longer holds the qualifying 
relationship with the entity. 
If a corporation, the qualifying 
natural person must 
be 
a 
responsible managing officer or 
a 
responsible managing employee who holds 
a 
license as 
a 
home 
contractor under this chapter. If a partnership or other entity, 
the qualifying natural person must 
be 
a 
responsible general 
partner or a responsible managing employee who holds a license as 
a home contractor under this chapter. 
§1535l. 
Changes and circvastances 
A licensee shall report a change of address or name or other 
material change in the condition or qualifications set forth in 
the original application no later than 30 days after the change. 
Upon proper notice, the board's records must be changed and a new 
license issued for the unexpired term of the current license if 
appropriate. 
§15352. 
Denial of license 
The board may deny a license if an applicant: 
1. 
Fails to snb!it cOJBpleted application. 
Fails to submit 
a completed application within 30 days after being notified of 
the materials needed to complete the application; 
2. 
Untrustworthy: 
incOllq)etent. 
Fails 
to 
provide 
satisfactory 
proof 
that 
the 
applicant 
is 
trustworthy 
and 
• 
competent to conduct home construction or improvement in a manner 
that safeguards the interests of the public; 
3. 
Suspension 
or 
revocation of 
license. 
Has 
had 
a 
professional or occupational license suspended or revoked for 
disciplinary 
reasons 
or 
an 
application 
rejected 
for 
reasons 
relating to untrustworthiness within 3 years prior to the date of 
application; or 
4. 
Conviction of crime. 
Is subject to disqualification 
based on the applicant' s 
criminal record pursuant to Title 5, 
chapter 341. 
§15353. 
Home contractors; license 
1. 
Professional qy.alifications. 
An applicant for a 
home 
contractor license must have at least 2 years of trade experience 
or comparable educational training, as established by rules of 
the board under section 15344. 
2. 
Examination. 
An 
applicant must pass 
an examination 
approved and adopted by the board, which must include a test of 
prOficiency in the building code under section 15358. 
3. 
Waiver. 
The 
board 
may 
waive 
the 
requirements 
of 
SUbsections 2 and 3 for 
an applicant who for at least 3 years 
has held 
a 
valid license as 
a 
home 
contractor issued by 
a 
j ur isdiction outside of the State if the board determines that 
the 
licensing 
requirements 
of 
the 
other 
jurisdiction 
are 
substantially similar to those of this State and the board in the 
other 
jurisdiction certifies 
that 
the 
licensee 
is 
in 
good 
standing. 
The out-of-state applicant is subject to all other 
requirements of this chapter. 
4. 
Financial 
responsibilities. 
An 
applicant 
must 
demonstrate proof of financial responsibility as determined by 
rule of the board. 
The applicant must file with the board 
information that includes, but is not limited to: 
A. 
A complete 
statement of 
the general nature of 
the 
applicant's contracting business or the applicant's duties; 
B. 
All 
outstanding 
judgments 
against 
the 
applicant 
in 
actions arising out of the field of home construction or 
improvements or other construction work; 
C. 
Any pending litigation that the applicant is involved in 
arising 
out 
of 
the 
field 
of 
home 
construction, 
home 
improvements or other construction work; and 
D. 
Any file of a petition in bankruptcy. 
5. 
Continuing education required. 
As 
a prerequisite to 
renewal of a home contractor's license. applicants must complete 
continuing education requirements pursuant to rules adopted by 
the board. 
6. 
Renewal. 
Licenses expire annually on December 31st or 
on a date the commissioner determines. 
The board shall issue a 
renewal license upon receipt of the written request for renewal. 
the annual fee and evidence of satisfactory completion of the 
continuing 
education 
requirement 
pursuant 
to 
subsection 
5. 
Licenses may be renewed UP to 90 days after expiration upon 
payment of a late fee in addition to the renewal fee. 
A person 
who submits an application for renewal more than 90 days after 
the 
license expiration date is subject to all requirements 
governing new applicants under this chapter. 
§15354. 
HOme contractor salesperson: license 
1. 
Professional qyalifications. 
An applicant for a home 
contractor salesperson's license must have at least 2 years of 
trade 
experience 
or 
comparable 
educational 
training. 
as 
established by rules of the board under section 15344. 
2. 
Examination. 
An 
applicant must pass 
an examination 
approved and adopted by the board, which must include a test of 
proficiency in the applicable building code under section 15358. 
3. 
waiver. 
The 
board 
may 
waive 
the 
requirements 
of 
subsections 2 and 3 for an applicant who for at least 3 years has 
held a valid license as a home contractor salesperson issued by a 
jurisdiction outside of the State if the board determines that 
the 
licensing 
requirements 
of 
the 
other 
jurisdiction 
are 
substantially similar to those of this State and the board in the 
other 
jurisdiction certifies 
that 
the 
licensee 
is 
in 
good 
standing. 
The out-of-state applicant is subject to all other 
requirements of this chapter. 
4. 
Financial 
responsibilities. 
An 
applicant 
must 
demonstrate proof of financial responsibility as determined by 
rule of the board. 
The applicant must file with the board 
information that includes. but is not limited to: 
• 
A. 
A complete statement of the general nature of the 
applicant's contracting business or the applicant's duties; 
at 
All 
outstanding 
judgments 
against the 
applicant in 
actions arising out of the field of home construction or 
improvements or other construction work: and 
C. 
Any pending litigation that the applicant is involved in 
arising 
out 
of 
the 
field 
of 
home 
construction, 
home 
improvements or other construction work. 
5. 
Continuing education regy.i.red. 
As 
a prerequisite to 
renewal of a home contractor salesperson's license, applicants 
must complete continuing education requirements pursuant to rules 
adopted by the board. 
6. 
Renewal. 
Licenses expire annually on December 31st or 
on a date the commissioner determines. 
The board shall issue a 
renewal license upon receipt of the written request for renewal, 
the annual fee and evidence of satisfactory completion of the 
continuing 
education 
requirement 
pursuant 
to 
subsection 
5. 
Licenses may be renewed up to 90 days after expiration upon 
payment of a late fee in addition to the renewal fee. 
. A person 
who submits an application for renewal more than 90 days after 
the 
license expiration date is 
subject to all 
requirements 
governing new applicants under this chapter. 
§15355. 
Prohibited acts 
The 
following acts are prohibited and are unfair trade 
practices: 
1. 
Fraud. 
A. 
A substantial misrepresentation in the procurement of a 
home construction or home improvement contract or any false 
promise that influences, persuades or induces an owner to 
engage in a home construction or home improvement contract; 
B. 
Any 
fraud 
in 
the 
execution 
or 
alteration of 
any 
contract, 
mortgage, 
promissory 
note 
or 
other 
document 
incident to a home improvement transaction; 
C. 
Presentation of oneself falsely or impersonation of a 
licensed home contractor or home contractor salesperson; 
D. 
Entrance into a home construction or home improvement 
contract with the intent of: 
(1) 
Damaging the property of an owner; 
(2) 
Doing work on the property of an owner without the 
owner's prior authorization; 
(3) 
Misrepresenting 
that 
the 
home 
contractor 
or 
another person is an employee or agent of the Federal 
Government. the State, a political subdivision of the 
State or any other governmental agency or entity; or 
(4) 
Misrepresenting that the 
supplier 
of 
building 
materials or another person is an employee or agent of 
any public or private utility; 
E. 
Creation or confirmation of an owner's impression that 
is false and that the home contractor or home contractor 
salesperson does not believe to be true; 
F. 
Promises of performance that the home contractor does 
not intend to perform or knows will not be performed; 
G. 
Use or employment of any deception, false pretense or 
false 
promise 
to 
cause 
an 
owner 
to enter into 
a 
home 
construction or improvement contract; and 
H. 
To 
act 
as 
a 
home 
contractor 
or 
home 
contractor 
salesperson under a name other than that stated on the home 
contractor or home contractor salesperson's license; 
2. 
Licensure. 
A. 
Misrepresentation of a material fact by an applicant in 
obtaining or attempting to obtain a license; 
B. 
Use or attempted use of a license that has expired or 
that has been revoked; 
C. 
Offer 
to 
make 
or 
making 
any 
home 
construction or 
improvement 
without 
having 
a 
valid 
license 
under 
this 
chapter; 
D. 
Advertisement in any manner that a licensee is licensed 
under this chapter unless 
the advertisement 
includes 
an 
accurate reference to the appropriate current license number 
consisting of and limited to a form as prescribed by rule by 
the board; or 
E. 
Aiding or abetting an unlicensed person to violate the 
prov~s~ons of 
this 
chapter, 
or 
knowingly 
combining 
or 
conspiring with an unlicensed person, allowing one's license 
to be used by an unlicensed person or acting as an agent, 
partner, associate or otherwise of an unlicensed person with 
intent to violate the provisions of this chapter; 
3. 
Violation of rules. 
A. 
Violation of any rule adopted by the board; 
Page ll-LRI815(I) 
B. 
Violation of a requirement under this chapter: or 
C. 
Failure to notify the board of any change of address 
within 10 days of the change. 
4. 
Papaents demands; taxes. 
A. 
Demanding 
or 
receiving payment 
for 
home 
contractor 
services before the home improvement contract is signed: or 
B. 
Failure 
to 
pay 
all 
taxes 
associated 
with 
home 
contracting and home contracting sales; 
5. 
Negligence. 
A. 
Abandonment of or willful failure to perform without 
justification any 
home 
construction or 
home 
improvement 
contract or project engaged in or undertaken by a contractor 
or deviation from or disregard of plans or specifications in 
any material respect without the consent of the owners; or 
B. 
Failure to perform under a home construction or home 
improvement contract. 
§15356. 
Penalties; injunction 
A person who 
violates section 15347 is subject to 
the 
provisions of Title 10, section 8003-C. 
§15357. 
Grounds for disciplinary action 
After a hearing pursuant to section 15346, subsection 3, the 
board 
may 
refuse 
to 
issue 
or 
renew 
any 
license 
or 
impose 
disciplinary sanctions pursuant to Title 10, section 8003 if the 
licensee is found to have committed one or more of the following: 
1. 
Criminal record. 
Subject to Title 5, chapter 341, any 
criminal history record information as described in Title 5, 
section 5301, subsection 2; 
2. 
Conduct. 
An act or conduct that constitutes deceit, 
misconduct, 
misrepresentation, 
fraud, 
incompetence 
or 
gross 
negligence in acting as a 
home contractor or home contractor 
salesperson; 
3. 
False stateaent. 
Procuring or attempting to procure a 
license under this chapter by knowingly making a false statement, 
submitting 
false 
information 
or 
making 
a 
material 
misrepresentation in an application filed with the board; 
4. 
Aiding and abetting. 
Aiding gnd abetting a person in 
conduct that constitutes 9 violation of this chapter: 
5. 
Rule violation. 
Violating 9 rule gdopted by the board 
or a provision of this chgpter: and 
6. 
Unprofessional 
practice. 
An 
gct 
or 
conduct 
thgt 
constitutes or demonstrgtes unprofessiongl prgctice. 
§15358. 
Building code 
1. 
Building code designated. 
A dwelling constructed or 
improved on or after the effective dgte of this Act must be 
constructed or 
improved in accordance with the International 
Residentigl Code. which is subject to amendment under subsection 
2. 
The board shgll gdopt the 2003 edition of the International 
Residentigl Code gt its first meeting. 
The board mgy 
adopt 
subsequent editions of the Interngtiongl Residential Code and 
designate the effective dgtes of such subsequent editions. 
When 
the board adopts a subsequent edition. it shall state clearly 
whether amendments adopted to a previous edition under subsection 
are applicable to the subsequent edition. 
2. 
Amendments 
to building code. 
The 
board 
may 
adopt 
amendments to the International Residential Code provided such 
amendments are more stringent than the code and upon finding that 
such amendments are in the best interests of the consumers in the 
State. 
3. 
Preemption. 
The fire safety codes and standards adopted 
pursuant to Title 25. sections 2452 and 2465. the electrical code 
adopted pursuant to section 1153-A and the plumbing code adopted 
pursuant 
to 
section 
3403-5 
preempt 
the 
chapters 
of 
the 
International Residential Code that cover the Same aspects of 
dwelling construction or improvement. 
The International Residential Code designated in this section 
also preempts provisions of municipally adopted codes that are 
less 
stringent 
than 
the 
provisions 
of 
the 
International 
Residential 
Code 
that 
coyer 
the 
same 
aspects 
of 
dwelling 
construction or improvement. 
4. 
Code enforcement. 
The board shall ensure that dwellings 
are constructed and improved in accordance with the building code 
under this section. 
The board may not shift the costs associated 
with enforcing the building code to municipalities. 
5. 
Inspections. 
The board may contract with municipalities 
or with qualified private building inspectors to enforce the 
building code established in this section. 
A. 
Contracts between the board and private inspectors or 
municipalities must include terms that: 
(1) 
Prohibit conflicts of interest: 
(2) 
Specify the scope of work to be performed: 
(3) 
Provide, at a minimum, for the inspection of the 
foundation, frame and completed structure: 
(4) 
Specify terms and schedule of payment: 
(5) 
Designate 
means 
of 
resolving disputes 
arising 
under the contracts: and 
(6) 
Allocate 
liability 
for 
nonperformance 
of 
contractual obligations. 
B. 
As soon as possible after each inspection of a dwelling, 
the board shall provide a written notice of approval of the 
portion of the construction as completed or shall specify 
any deficiency or failure to comply with the applicable code. 
§l5359. 
Required contract provisions 
A home 
construction or home 
improvement contract is not 
valid or enforceable against an owner unless it: 
1. 
Compliance. 
Is in compliance with Title 10, chapter 
ZIg-A: 
2. 
Writing. 
Is in writing and legible: 
3. 
Signed. 
Is signed by the owner and the home contractor 
or a home contractor salesperson on behalf of a home contractor; 
4. 
Entire agreement. 
Contains the entire agreement between 
the owner and home contractor; 
5. 
Transaction date. 
Contains the date of the transaction; 
6. 
Contractor data. 
Contains the name, street address and 
the license number of the home contractor; 
7. 
Start and cogplete dates. 
Contains 
the approximate 
starting date and completion date of the home construction or 
home improvement project; 
8. 
Licensed contractor or sales person. 
Is entered into 
with 
a 
licensed home 
contractor or licensed home 
contractor 
salesperson; 
9. 
Notice. 
Provides a notice in at least 14-point bold 
typeface that gives the toll-free telephone number of the board 
and states: 
STATE 
LAW 
REQUIRES 
THAT 
HQME 
CONTRACTORS 
AND 
HOME 
CONTRACTOR 
SALESPERSONS BE LICENSED BY THE MAINE HOME CONTRACTOR LICENSING 
BOARD IF THE TOTAL PRICE OF THE JOB IS $1,400 OR MORE, INCLUDING 
LABOR AND MATERIALS. 
LICENSED 
HOME 
CONTRACTORS 
AND 
HOME 
CONTRACTOR 
SALESPERSONS 
ARE 
REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. YOU MAY CONTACT 
THE 
BOARD 
TO 
FIND 
OUT 
WHETHER 
THE 
HOME 
CONTRACTOR 
OR 
HOME 
CONTRACTORS 
SALESPERSON 
HAS 
A VALID 
LICENSE. 
THE 
BOARD 
HAS 
COMPLETE 
INFORMATION 
ON 
THE 
HISTORY 
OF 
LICENSED 
CONTRACTORS, 
INCLUDING ANY SUSPENSIONS, REVOCATIONS, COMPLAINTS AND RESOLUTION 
OF COMPLAINTS. 
IF 
YOU 
HAVE 
A COMPLAINT 
AGAINST 
A HOME 
CONTRACTOR 
OR 
HOME 
CONTRACTOR 
SALESPERSON, 
YOU 
MAY 
CONTACT 
THE 
BOARD 
AT 
THE 
TOLL-FREE 
NUMBER 
TO 
OBTAIN 
A 
COMPLAINT 
FORM 
AND 
FURTHER 
INFORMATION. 
YOU MUST FILE ALL COMPLAINTS WITHIN 6 YEARS OF THE 
DATE OF THE HOME CONSTRUCTION OR HOME IMPROVEMENT CONTRACT. 
10. 
Description of 
work to be performed and 
specifications that can 
approval of the owner; 
work. 
Includes a description of the 
the materials to be used and a set of 
not 
be 
changed without 
the written 
11. 
Amount due. 
Includes the total amount due under the 
contract; 
12. 
Down p~nt. Includes the amount of any down payment, 
which can not exceed 1/3 of the total contract price; 
13. 
Progress payments. 
Includes a schedule of all progress 
payments, if any progress payments are required, 
showing the 
amount of each payment and the state of completion of the work to 
be performed before the progress payment is made; 
14. 
Release. 
Includes a statement that upon satisfactory 
payment being made for any portion of the work performed, the 
home contractor shalL prior to any further payment being made, 
furnish to the person contracting for the home construction or 
improvement a full and unconditional release from any claim or 
mechanic's lien for that portion of the work being performed: 
15. 
Copy of contract. 
Includes 
a 
notice in at least 
14-point bold typeface 
that the 
owner 
should not 
sign 
the 
contract if there are any blanks and that the owner is entitled 
to a copy of the contract at the time the owner signs it: 
16. 
Right of cancellation. 
Includes a notice of any 3-day 
right of cancellation: 
17. 
Collateral. 
Includes a description of any collateral 
taken to secure the contract: 
18. 
Permits. 
Informs 
the 
owner 
that 
it 
is 
the 
responsibility of the home contractor to obtain all necessary 
permits to perform the work: 
19. 
Subcontractors. 
Includes the names, 
license numbers 
and complete street addresses, of all subcontractors, as defined 
~n section 15342, subsection 9, on the project: 
20. 
Financing. 
Complies 
with all applicable 
state or 
federal credit laws if the contract includes financing the work 
to be performed; 
21. 
RecoverY. 
Includes a statement that any holder of the 
contract is subject to all claims and defenses that the owner 
could assert against the contractor and that recovery may not 
exceed the total contract price; and 
22. 
Contract language. 
Is written in both English and 
another language if a language other than English is used in the 
negotiation or explanation of the contract or the work to be 
performed. 
S15360. 
Prohibited contract provisions 
The following provisions, if included in a home construction 
or home improvement contract, are void and unenforceable: 
1. 
Hold harmless clause. 
A hold harmless clause; 
2. 
Waiver. 
A waiver of federaL state or local health, 
life safety or building code requirements: 
3. 
Judgment clause. 
A confession of judgment clause; 
4. 
Jury trial. 
A waiver of any right to a jury trial in 
any action brought by or against the owner: 
5. 
Remedies. 
A clause in which the owner relieves the home 
contractor from liability for any legal or equitable remedies 
that the owner may have against the home contractor under the 
contract or other instrument: 
6. 
Arbitration clause. 
A mandatory arbitration clause: 
7. 
Assigument. 
Any assignment of or order for payment of 
wages or other compensation for services; 
8. 
pa,yment: repossession. 
A provision relieving the home 
contractor 
from 
liability 
for 
acts 
committed 
by 
the 
home 
contractor or the home contractor's agent in the collection of 
any payments or in the repossession of any goods; 
9. 
Claim. 
A provision in which the owner agrees not to 
assert any claim or defense arising out of the contract; 
10. 
Attorney's fees. 
A provision that the home contractor 
may be awarded attorney's fees and costs: and 
11. 
Chapter provisions. 
A waiver of any provisions of this 
chapter. 
§I5361. 
Permits 
A county, municipal or other governmental authority may not 
issue a permit for a home construction or home improvement to a 
home 
contractor 
unless 
the 
home 
contractor 
shows 
proof 
of 
licensure or proof of 
an 
exemption to 
licensure under 
this 
chapter. 
The permit must include the home contractor's license 
number or a 
statement of the reasons for exemption. The home 
contractor is responsible for obtaining all required permits to 
perform any home construction or home improvement. 
SUMMARY 
This bill creates the Maine Home Contractor Licensing Act. 
•