An Act To Clarify the Status of Regulated Water Utility Plumbing Permits
Maine Legislature, Session 121, LD 1004
Committee: Business, Research and Economic Development
Sponsors: DAVIS
Amends: 30-A MRSA §4211, 32 MRSA §3403-B

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1004 
S.P.348 
In Senate, February 25,2003 
An Act To Clarify the Status of Regulated Water Utility Plumbing 
Permits 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator DAVIS of Piscataquis. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4211, sub-§I, as amended by PL 1999, c. 
228, §l, 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 
municipali ty 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-§I, 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 
±±±T--~~--~~---~Re 
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 
~n Title 
5, 
chapter 375, subchapter ±±-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 
Page l-LR1l32 (1) 
installations 
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. 
The rules must specify that, in accordance with the 
Maine Revised Statutes, Title 32, section 3403-B, a municipality 
may not create a permit requirement for such installations by 
such entities. 
Adoption of amended rules to comply with this 
section are 
routine technical 
rules 
as 
defined in Title 
5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill directs the Plumbers' Examining Board to review 
and 
revise 
its 
rules 
to 
clarify 
and 
codify 
long-standing 
interpretation 
by 
water 
utili ties 
and 
municipalities 
that 
excludes 
from 
permit 
requirements all installations of water 
meters, related valves and backflow prevention devices by a water 
utility 
or 
its 
contractor. 
The 
bill 
specifies 
that 
a 
municipality 
may 
not 
create 
a 
permit 
requirement 
for 
such 
installations.