An Act To Establish Medical Gas and Vacuum System Installer Certification
Maine Legislature, Session 121, LD 1316
Committee: Business, Research and Economic Development
Sponsors: DUPLESSIE, BRYANT, HATCH, NORTON, PATRICK, PELLON, SMITH, EDMONDS
Amends: 5 MRSA §12004-A, 32 MRSA §15354

Legislative Document 
No. 1316 
H.P.970 
House of Representati ves, March 11, 2003 
An Act To Establish Medical Gas and Vacuum System Installer 
Certification 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative DUPLESSIE of Westbrook. 
Cosponsored by Senator BRYANT of Oxford and 
17/~ 
/J7.1llP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HATCH of Skowhegan, NORTON of Bangor, PATRICK of Rumford, 
PELLON of Machias, SMITH of Van Buren, Senator: EDMONDS of Cumberland. 
Printed on recydeu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-A, sub-§22-A is enacted to read: 
22-A. 
State Board 
of Examiners for the 
Medical Gas and Vacuum 
Npt 
Authorized 
MRSA §15354 
System Industry 
Sec. 2. 32 MRSA c. 135 is enacted to read: 
CHAPTER 135 
MEDICAL GAS AND VACUUM SYSTEM INSTALLERS 
§15351. 
Scope 
This 
chapter 
applies 
to 
construction, 
renovation-L 
installation, alteration, extension, removal, repair, maintenance 
and service of all medical gas and vacuum systems in the State; 
except that this chapter does not apply to medical gas and vacuum 
system 
installation work 
performed 
by 
persons 
on 
their 
own 
residences. 
§15352. 
Definitions 
As 
used 
in this 
ch~ter, unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
ANSI/ASSE SERIES 6000. 
"ANSIIASSE Series 6000" means 
the latest edition of the professional qualification standards 
for medical gas 
and vacuum system installers, 
inspectors 
and 
verifiers 
published 
by 
the 
American 
Society 
of 
Sanitary 
Engineering. 
2. 
ANSI/NFPA 99c. 
"ANSI/NFPA 99c" means the latest edition 
of the medical gas and vacuum standard 99c as published by the 
National Fire Protection Association. 
3. 
Apprentice. 
"Apprentice" means a person who is learning 
and working at a trade under the supervision of another person 
certified in accordance with the provisions of this chapter and 
enrolled in a 
registered apprenticeship program in accordance 
with this chapter. 
4. 
Board. 
"Board" means the State Board of Examiners for 
the Medical Gas and Vacuum System Industry created pursuant to 
this chapter. 
5. 
Contractor. 
"Contractor" means any person who for a 
Page l-LR1507(1) 
-
• 
fixed price, commission, 
fee, or percentage undertakes to bid 
upon, or accepts, or offers to accept, orders Qr contracts for 
performing, managing, or superintending, in whole or in part, 
medical gas and vacuum system installation work regulated by this 
chapter. 
6. 
IAPItQ. 
"IAPMO" means the International Association of 
Plumbing and Mechanical Officials. 
1. 
Inspector. 
"Inspector" means any person employed by the 
State, a county or a municipality for the purpose of inspecting 
medical gas and vacuum system installation work in connection 
with the provisions of this chapter and any applicable code, rule 
or regulation, or any other health and safety law Qr ordinance, 
and has met the qualifications for inspector certification in 
accordance with the provisions of this chapter. 
8. 
Journeyman. 
"Journeyman" means any person, other than 
an apprentice, who engages in or works at a trade subject to 
inspection 
under 
this 
chapter 
and 
who 
has 
completed 
the 
requirements for journeyman certification under the provisions of 
this chapter. 
9. 
Medical gas and vacuum system. 
"Medical gas and vacuum 
system" 
means 
a 
pipe distribution system characterized by 
a 
central 
supply, 
including bulk 
systems, 
manifold 
devices 
or 
medical 
air 
compressors, 
with 
control 
equipment 
and 
plplng 
extending to points in a facility where nonflammable gases are 
required or utilized, with suitable outlet valves at each use 
point. 
10. 
Medical gas and vacuum system installation. 
"Medical 
gas and vacuum system installation" means the work, practice, 
materials, instrumentation and fixtures used in the construction, 
installation, alteration, extension, removal, repair, maintenance 
or renovation of gas and vacuum systems that are used solely to 
transport gases for medical purposes and to remove liquid, gas 
and solids. 
11. 
Registered 
apprenticeship 
program. 
"Registered 
apprenticeship program" means an apprenticeship training program 
that is registered with the United States Department of Labor, 
Bureau of Apprenticeship and Training in accordance with the 
requirements of 29 Code of Federal Regulations, 
(2003), and 
consists of, at a minimum, 8,000 hours of documented practical 
experience combined with a total of 1,000 hours of classroom and 
shop instruction in a trade subject to this chapter. 
12. 
State Medical 
Gas 
and 
Vacuum 
System Code. 
"State 
Medical Gas and Vacuum System Code" means the latest editions of 
the Uniform Plumbing Code, 
ANSI!NFPA 
99c and ANSI! ASSE Series 
6000 as adopted and amended by the board pursuant to section 
15353. 
12. 
UPC. 
"UPC" means the Uniform Plumbing Code published 
by IAPMO. 
§15353. 
State Medical Gas and Vacuum System Code 
1. 
Scope of code. 
The UPC, 
ANSI!NFPA 99c and ANSI! ASSE 
Series 6000 serve as the medical gas and vacuum system code for 
all 
construction, 
renovation, 
installation, 
alteration, 
extension, removal, repair, maintenance or service of medical gas 
and vacuum systems governed by this chapter. 
2. 
Adoption of code. 
The board shall, as its first act of 
business, 
adopt the most recent editions of the UPC 
and the 
ANSI!NFPA 
99c 
and 
ANSI/ASSE 
Series 
6000, 
which 
with 
any 
subsequent amendments the board may adopt, is known as "the State 
Medical Gas and Vacuum System Code." 
§15354. 
Creation and composition of board 
1. 
State Board of Examiners for the Medical Gas and Vacuum 
System Industry. 
The State Board of Examiners of the Medical Gas 
and Vacuum System Industry, as established in Title 5, section 
12004-1.., subsection 22-1.., is created to carry out the purposes of 
this chapter. 
2. 
Composition. 
The board consists of 7 appointed members 
as follows: 
A. 
Three medical gas and vacuum system installers; 
B. 
Two 
medical 
gas 
and 
vacuum 
system 
installation 
contractors engaged in the construction or maintenance of 
commercial or industrial facilities; 
C. 
One general contractor engaged in the construction or 
maintenance of commercial or industrial facilities; and 
D. 
One appointed from the public at large. 
3. 
Appointment and removal. 
The Governor shall appoint the 
members of the board, subject to confirmation by the Senate, to 
staggered 4-year terms. 
The Governor may remove any member of 
the 
board 
for 
misconduct, 
incompetence 
or 
neglect 
of 
duty. 
Within 30 days after the effective date of this chapter, the 
Governor shall appoint the initial members of the board. 
• 
-
4. 
Quorum. 
A majority of the board constitutes a guorum 
for the transaction of all business. 
§15355. 
Povers and duties 
In addition to all other powers and duties conferred or 
imposed upon the board by this chapter, the board is authorized 
.tQl. 
1. 
Officers. 
Elect its own officers and prescribe their 
duties; 
2. 
Certifications and permits. 
Grant certifications and 
apprentice permits to duly gualified applicants; 
3. 
Fees. 
Establish fees that are reasonable and necessary 
to defray the cost of administering this chapter; 
4. 
Rules. 
Adopt rules not inconsistent with the laws of 
this State as may be necessary for the orderly conduct of its 
affairs and for the administration of this chapter; 
5. 
Enforcement. 
Enforce the provisions of this chapter and 
any related code or rules through inspections, audits, citations, 
civil penalties and any other appropriate means; 
6. 
Inspections. 
Employ inspectors 
and charge 
fees 
for 
inspections of installations pursuant to this chapter; 
7. 
Investigations. 
Subpoena 
records 
and 
documents 
and 
compel the attendance of witnesses pursuant to an investigation 
or a hearing of the board; 
8. 
Hearings. 
Conduct hearings according to the provisions 
of the Maine Administrative Procedure Act; 
9. 
Legal action. 
Bring a suit, in any court of competent 
jurisdiction, to enjoin any person from violating this chapter; 
10. 
Exceptions. 
Review and approve or disapprove reguests 
for exceptions to the State Medical Gas and Vacuum System Code in 
situations in which a strict interpretation of the code would 
result in unreasonable operational conditions or unreasonable 
economic burdens as long as public safety is not compromised; and 
11. 
Endorsements. 
Create 
reguirements 
for 
specialized 
endorsements for certifications governed by this chapter. 
§15356. 
Publication of requirements 
The 
board shall, within 
days 
after being appointed, 
devise a plan for publicizing the requirements of this chapter to 
all persons who 
may be affected. 
The board shall take such 
action to implement the plan as is reasonable and necessary. 
§15357. 
Examinations for certifications 
The board shall establish and administer, or contract out to 
a 
recognized 3rd-party certifier for, examinations as required 
for certification under this chapter and determine satisfactory 
performance for these examinations. 
§15358. 
Revoking or suspending certifications 
In accordance with the Maine Administrative Procedure Act, 
the board may revoke or suspend a certification or reprimand a 
certification holder for any violation of this chapter or rules 
of 
the 
board. 
Grounds 
for 
suspension 
or 
revocation 
of 
a 
certification due to suspected incompetence or willful violation 
by a certification holder may be determined through retesting 
procedures. 
§15359. 
Reinstating certifications 
The board shall establish a procedure for reinstating any 
certification that has been revoked or suspended. 
Any person 
whose 
certification 
has 
been 
revoked 
may 
not 
apply 
for 
reinstatement of that certification before the expiration of one 
year from the date of such revocation. 
If the board proposes to 
refuse a person's application for licensure or to suspend or 
revoke a person's certification, the person is entitled to notice 
and a hearing before the board. 
§15360. 
General certification requirements 
The board shall issue a certification to any person who: 
1. 
Qualifications. 
Meets 
the 
qualifications 
and 
requirements for a specific certification under this chapter: 
2. 
Application. 
Completes 
and affirms before 
a 
notary 
public 
an 
application 
for 
examination 
and 
certification 
established by the board: 
3. 
Evidence 
of 
qualifications. 
Presents 
competent 
evidence, in a form acceptable to the board, demonstrating that 
the applicant meets the qualifications and requirements of the 
certification for which the applicant has applied; 
... 
-
4. 
Fees. 
Pays 
the appropriate fees established by the 
board: and 
5. 
Examination. 
Performs satisfactorily on the appropriate 
certification examination established and administered by the 
board. 
An applicant who fails to satisfactorily perform on an 
examination may 
take 
no 
more 
than 
additional examinations 
during 
the 
one year 
period 
commencing 
on 
the 
date 
of 
the 
applicant's first application, 
and any applicant who fails to 
satisfactorily perform on 
examinations within this one year 
period may not be allowed to take an examination within one year 
of 
the 
last 
examination 
on 
which 
the 
applicant 
failed 
to 
satisfactorily perform . 
§15361. 
Conditions 
To permit the effective and orderly implementation of this 
chapter, the conditions set out in this section apply to the 
issuance of initial certifications and endorsements under this 
chapter. 
1. 
Grace period. 
There must be a one-year period from the 
effective date of this chapter that serves as a grace period for 
all persons applying for 
inspector certifications, 
journeyman 
certifications or specialized endorsements required under this 
chapter. 
2. 
Exemption from certification. 
During the one year grace 
period established in subsection 1, a person is not required to 
possess any certification or endorsement mandated by this chapter 
to perform work regulated by this chapter, as long as the person 
has submitted the necessary certification application within 180 
days from the effective date of this chapter. 
3. 
Application 
for 
journeyman 
endorsement 
or 
certification. 
During the one-year grace period established in 
subsection 
1, 
an 
applicant 
may 
apply 
for 
a 
journeyman 
certification or endorsement, 
even if the applicant does not 
satisfy the apprenticeship requirements for that certification or 
endorsement. 
However, such applicants must comply with all other 
certification 
requirements 
of 
this 
chapter 
and 
perform 
satisfactorily on the examination established for the applicable 
trade. 
4. 
Prohibition. 
A person whose application is denied by 
the 
board 
is 
immediately 
prohibited 
from 
engaging 
in 
the 
applicable trade. 
5. 
Inspector 
certifications. 
The 
board 
shall 
grant 
inspector certifications to qualified persons. 
Those persons are 
not 
required to 
satisfy the 
year 
journeyman certification 
requirement 
but 
must 
comply 
with 
all 
other 
certification 
requirements of this chapter. 
§15362. 
Medical gas and vacuum system installer certification 
An applicant for a medical gas and vacuum system installer 
examination and certification must have: 
1. 
Examination. 
The 
ability 
to 
provide 
satisfactory 
answers to the examination questions pursuant to section 15357; 
2. 
Brazer standards. 
A current certification as a medical 
gas and vacuum system brazer issued in accordance with welding 
and brazing qualification standards adopted by the board; 
3. 
Training course. 
Evidence of completion of an approved 
training course on medical gas and vacuum system installation as 
required by ANSI/ASSE Series 6000; and 
4. 
Supervised 
experience. 
Eight 
thousand 
hours 
of 
documented practical experience in piping system installation 
under the supervision of a 
journeyman plumber licensed under 
chapter 49. 
§15363. 
Apprentice permit 
The board shall issue an apprentice permit to any person 
seeking to learn and work at a trade under the supervision of. 
another person certified in accordance with the provisions of 
this chapter. 
The applicant must: 
1. 
Application. 
Complete and affirm before a notary public 
an application for an apprentice permit established by the board; 
2. 
Apprenticeship. 
Present competent evidence, in a form 
acceptable to the board, demonstrating that that applicant is 
enrolled in a 
registered apprenticeship program in accordance 
with this chapter; and 
3. 
Fees. 
Pay the appropriate fees established by the board. 
An apprentice permit issued by the board remains valid as 
long as the holder is enrolled in a registered apprenticeship 
program in accordance with this chapter. 
§15364. 
Inspector certification 
1. 
Journeyman certification. 
An applicant for an inspector 
-
• 
examination 
and 
certification 
must 
possess 
a 
journeyman 
certification under this chapter that has been consistently valid 
for a period of not less than 5 years. 
2. 
Financial or advisory interest. 
Before a person may be 
qualified for an inspector certification under this chapter, the 
person shall swear or affirm under oath the person does not have 
any financial or advisory interests in any medical gas and vacuum 
system installation company and will not have any financial or 
advisory 
interest 
in 
any 
medical 
gas 
and 
vacuum 
system 
installation 
company 
while 
holding 
a 
valid 
inspector 
certification. 
§15365. 
Reciprocity 
The board may issue a certification or apprentice permit 
provided for in this chapter without examination to any currently 
practicing, competent person who holds a similar authorization 
granted by any other state that establishes substantially similar 
qualification 
requirements 
to 
those 
established 
under 
this 
chapter, provided that the state grants reciprocal authorizations 
to 
any 
currently 
practicing, 
competent 
person 
holding 
a 
certification in this State. 
1. 
Certification 
by 
reciprocity. 
An 
applicant 
for 
certification by reciprocity shall: 
A. 
Complete 
and 
affirm 
before 
a 
notary 
public 
an 
application for certification by reciprocity established by 
the board; 
B. 
Present competent evidence, in a form acceptable to the 
board, 
demonstrating that 
the 
applicant is currently 
a 
practicing, 
competent 
person 
who 
holds 
a 
similar 
authorization granted 
by 
another 
state that establishes 
substantially similar qualification requirements to those 
established under this chapter; and 
C. 
Pay the appropriate fees established by the board. 
§15366. 
Expiration and renewal 
1. 
Expiration. 
Persons holding medical 
gas 
and 
vacuum 
system 
installer certifications 
must 
recertify 
according 
to 
guidelines established by the board. 
2. 
Renewal. 
The board shall renew for a period of 3 years 
any certification issued under this chapter upon receiving from 
the renewal applicant a completed renewal form, as established by 
the 
board, 
the 
appropriate 
renewal 
fee, 
and 
evidence 
of 
recertification to the most recent ANSI/NFPA 99c. 
§15367. 
Conduct prohibited without certification 
1. 
Engaging in business or trade. 
A person may not engage 
in the business or trade of work regulated or controlled by this 
chapter without an appropriate certification and, if applicable, 
an endorsement issued pursuant to this chapter authorizing the 
person to engage in the specific business or trade or by any rule 
adopted pursuant to this chapter. 
2. 
Solicitation. 
A person 
may 
not solicit, 
by 
sign, 
listing or any other form of advertisement, work regulated or 
controlled by this chapter or by any rule adopted pursuant to 
this chapter unless the person has been duly certified by the 
board to perform that work. 
3. 
Inspectors. 
A municipality, county or agency of this 
State may not appoint, authorize, or employ any person to perform 
inspections under this chapter or the State Medical 
Gas 
and 
Vacuum System Code unless the inspector has been duly certified 
by the board as an inspector as provided in this chapter. 
4. 
Exceptions 
for 
apprentices. 
Notwithstanding 
the 
provisions of this section, an apprentice permit holder enrolled 
in a registered apprenticeship program for a trade subject to 
control or regulation under this chapter may engage in the work 
of that trade only when the apprentice is under the supervision 
of 
a 
certified 
journeyman 
and only 
to 
the extent that the 
supervising journeyman is duly certified by the board to perform 
such work. 
5. 
Other exceptions. 
This chapter may not be construed to 
require 
employees 
of 
the 
Federal 
Government 
to 
hold 
certifications required by this chapter. 
Any violation of this section is subject to the penalties 
described in section 15372. 
§15368. 
Maintain current qualifications 
A person who holds a certification or endorsement regulated 
by this chapter that requires at the time of application evidence 
of a certification pursuant to section 15362, subsection 2 must 
maintain those qualifications 
as 
a 
condition for maintaining 
certifications and endorsements issued under this chapter. 
A 
person 
who 
does 
not 
maintain 
current 
certification 
requirements pursuant to section 15362, subsection 2 is guilty of 
a violation of this chapter, which immediately invalidates any 
certification or endorsement issued pursuant to this chapter. 
-
• 
-
§15369. 
Other prohibited acts 
It is unlawful 
and 
a violation of this chapter for any 
person to: 
1. 
Error or fraud. 
Obtain a certification or apprentice 
permit through error or fraud; 
2. 
False presentation. 
Present or attempt to use 
the 
certification or apprentice permit of another person for 
any 
reason; 
3. 
Impersonation. 
Impersonate another person who holds a 
certification or 
an apprentice permit or 
use 
an expired or 
revoked certification; 
4. 
Not registered as apprentice. 
Use an apprentice permit 
when the holder is not enrolled in a registered apprenticeship 
program; 
5. 
False or forged evidence. 
Give false or forged evidence 
of any kind to the board in an application for the issuance or 
renewal 
of 
a 
certification or 
apprentice 
permit 
under 
this 
chapter; 
6. 
Code violation. 
Willfully or negligently violate the 
State Medical Gas and Vacuum System Code or the rules of the 
board adopted pursuant to this chapter; 
1. 
Misrepresentation. 
Knowingly 
make 
a 
substantial 
misrepresentation of services provided; or 
8. 
False representation of status. 
Knowingly 
make 
any 
false promise regarding a person 0 s certification or apprentice 
permit status with intent to influence, persuade or induce an 
individual to contract for services regulated or controlled under 
this chapter. 
§15310. 
Violations through employment of another person 
or conspiracy 
It is a violation of this chapter to employ another person 
or to otherwise conspire with another person to violate any terms 
of this chapter or any rule adopted pursuant to this chapter. 
§15311. 
Actions required; duty to display certification 
or apprentice permit 
1. 
Compliance. 
A 
person 
issued 
a 
certification 
or 
apprentice permit under the terms of this chapter shall comply 
with the provisions of this chapter, the State Medical Gas and 
Vacuum System Code and any applicable rules adopted pursuant to 
this chapter. 
2. 
Exhibition. 
Journeyman certifications with appropriate 
endorsements and apprentice permits required under this chapter 
must be exhibited whenever required by an inspector certified 
under this chapter. 
§15372. 
Penalties 
1. 
Revocations, 
suspensions 
and 
reprimands. 
The 
board 
shall 
revoke 
or 
suspend 
a 
certification. 
endorsement 
or 
apprentice 
permit 
or 
reprimand 
a 
certification 
holder. 
endorsement holder or apprentice permit holder for any violations 
of this chapter or rules of the board. 
2. 
Civil penalties. 
A person who violates any provision of 
this chapter. the State Medical Gas and Vacuum System Code or any 
applicable rule of the board is subject to a civil penalty of not 
less than $50 or more than $1.000 per day for each violation. 
3. 
Criminal penalties. 
A person who knowingly or willfully 
violates this chapter. the State Medical Gas and Vacuum System 
Code or any applicable rule is guilty of a Class E crime. 
§15373. 
Rulemaking 
The board shall adopt rules necessary to 
implement this 
chapter. 
Rules adopted pursuant to this chapter are routine 
technical rules as defined in Title 5. chapter 375. subchapter 
SUMMARY 
This bill creates the State Board of 
Medical 
Gas 
and 
Vacuum 
System 
Industry 
certification requirements 
for medical gas 
installers and 
a 
permit system 
for 
those 
medical gas and vacuum system installers. 
Examiners 
for the 
and 
establishes 
and 
vacuum 
system 
who 
apprentice 
as 
• 
-