An Act to License Home Building and Improvement Contractors LR 1815(02)
Maine Legislature, Session 121, LD 1551
Committee Amendment CA_A_H863 (House)
Amends: 5 MRSA §12004-A, 32 MRSA §15343

COMMITTEE AMENDMENT A" to H.P. 1137, L.D. 1551, Bill, 
Act To License Home Building and Improvement Contractors" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 5 MRSA §12004-A, sub-§20-A is enacted to read: 
20-A. Maine Home 
Contractor Licensing 
~ 
Public Members 32 MRSA §15343 
Legis1atiye 
Per Diem 
Other Members -
No Compensation 
Authorized 
Sec. 2. 32 MRSA c.135 is enacted to read: 
CBAP'rER 135 
MAIRE B(»(E COHTRAC"l'OR LlCElfSIBG ACT 
§15341. 
Short title 
This chapter may be 
known and cited as "the Maine Home 
Contractor Licensing Act." 
§15342. 
Definitions 
1. 
APl?licant. 
"Applicant" means a person who applies for a 
license under this chapter. 
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COMMITTEE AMENDMENT" 
"to H.P. 1137, L.D. 1551 
2. 
Board. 
"Board" 
means 
the 
Maine 
Home 
Contractor 
Licensing Board as established in this chapter. 
3. 
ChimnU. 
"Chimney" means a structure designed to lift 
fumes 
from 
a 
firebox 
up 
and out of 
a 
dwelling. 
"Chimney" 
includes the firebox, chimney back, cap, flue. post and pot. 
4. 
Commissioner. 
"Commissioner" means the Commissioner of 
Professional and Financial Regulation. 
5. 
Contract. 
"Contract" means 
an agreement between an 
owner and a home contractor to build a dwelling or perform any 
home improvements on a dwelling. 
6. 
Department. 
"Department" 
means 
the 
Department 
of 
Professional and Financial Regulation. 
7. 
Dwelling. 
"Dwelling" 
means 
any 
building 
that 
is 
owner-occupied or constructed for sale to an owner-occupant and 
contains at least one and no more than 2 dwelling units. 
8. 
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. 
9. 
EJgplo,yee. 
"Employee" has the same' meaning as provided 
in Title 26. section 591. subsection 1. 
10. 
Framing. 
"Framing" means the erection of the frame. 
flooring 
system. 
interior 
walls. 
backing. 
trusses. 
rafters. 
beams. stairs and soffits of a dwelling and all work related to 
the construction of the structure of the dwelling above the 
foundation. 
11. 
Home contractor. 
"Home contractor" means a person who 
enters into 
a 
contract. offers to enter into a 
contract or 
submits a bid to enter into a contract with an owner to: 
A. 
Build a dwelling: or 
B. 
Perform any home improvement on a dwelling. 
12. 
Home contractor services. 
"Home contractor services" 
means those services. including home improvement. performed by a 
home contractor licensed under this chapter. 
13. 
Home iJQprovement. 
"Home improyement" means: 
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"to H.P. 1137, L.D. 1551 
A. 
The 
construction, 
replacement. 
installation 
or 
improvement 
of 
additions 
of 
livable 
space. 
garages, 
carports, porches or decks if they are used in conjunction 
with a dwelling; or 
B. 
Framing and roofing and the removal, repair. replacement 
or installation of siding, insulation, windows or chimneys. 
"Home 
improvement" 
does 
not 
include 
redecorating 
or 
other 
cosmetic work. 
14. 
Insulation. 
"Insulation" means 
anY material high in 
resistance to heat transmission that, when placed in the walls, 
ceiling or floors of a structure. reduces the rate of heat flow. 
15. 
License number. 
"License number" means a number issued 
by the board to a person who is issued a license to do business 
in this State under this chapter. 
16. 
Licensee. 
"Licensee" means a person who is issued a 
license to do business in this State under this chapter. 
17. 
Maine Model Building Code. 
"Maine Model Building Code" 
has the same meaning as set forth in Title 10, section 9701. 
subsection 1. 
18. 
Owner. 
"Owner" means any owner or 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. 
19. 
Person. 
"Person" means any natural person, corporation 
or partnership or other business entity. 
20. 
Roofing. 
"Roofing" means the installation of materials 
that form 
a weathertight surface on the roof of a 
dwelling, 
including but not limited to wood, cement, asbestos, clay tile 
and composition shingles, metal roofing, single ply and built-up 
roofing materials and all associated flashings and gravel stops. 
21. 
Siding. 
"Siding" means the finished exterior covering 
of the outside walls of a frame dwelling. 
22. 
Windows. 
"Windows" 
includes 
window 
sashes, 
window 
frames and windowpanes. 
§15343. 
Board; organization 
The Maine Home Contractor Licensing Board, as established in 
Title 
5, 
section 
12004-A, 
subsection 
20-A, 
administers 
the 
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"to H.P. 1137, L.D. 1551 
provisions of this chapter to protect the public with respect to 
the practice of home contracting. 
1. 
Board membership. 
The board consists of 
members, 
appointed by the Governor, as follows: 
A. 
Two public members; 
B. 
Four home contractors, each having at least 5 years of 
experience as a home contractor; 
C. 
One municipal code enforcement officer: 
D. 
One engineer or architect, licensed under this Title, 
with experience in the design or construction of dwellings, 
who serves as a nonvoting member; and 
E. 
One representative of the fire service in this State, 
who serves as a nonvoting member. 
2. 
Terms; remova1. 
The term of office of each member of 
the board is 4 years, except as provided in this subsection, and 
members are eligible for reappointment. 
If there is a vacancy 
for any cause, the Governor shall make an appointment immediately 
effective for the unexpired term. 
Members may be removed by the 
Governor for cause. 
In order to provide staggered expiration 
dates of terms, the duration of initial terms is as follows: 
A. 
For the fire service representative. 2 years; 
B. 
For one public member , 3 years; 
C. 
For one public member, 4 years; 
D. 
For one home contractor, 2 years; 
E. 
For one home contractor, 3 years; 
F. 
For one home contractor, 4 years; 
G. 
For one home contractor, 5 years; 
H. 
For the municipal code enforcement officer. 4 years: and 
I. 
Fgr the engin~er or grs;;hit~s;;t. 2 
y~gr§. 
3. 
Meetings; gyorum. 
The bgard §hall meet at leg§t once a 
year gnd at §uch gther time§ a§ the board determines necessary. 
A mgjgrity gf the members of the bggrd s;;gn§titutes g guorum fgr 
the transas;;tion gf business under this chgpter. 
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"to H.P. 1137, L.D. 1551 
4. 
Election of officers. 
The board shall annually elect a 
chair and other officers as the board determines necessary. 
§15344. 
Rules 
The board shall establish guidelines and rules to administer 
this 
chapter. 
Except 
as 
otherwise 
indicated, 
rules 
adopted 
pursuant to this chapter are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
The board shall adopt 
rules: 
1. 
License qualifications. 
Relating to the gualifications 
of an applicant for a license authorized under this chapter, as 
provided in section 15348. subsections 4 and 5: 
2. 
Standards of practice. 
Consistent with the standards 
set forth in this chapter and the Maine Model Building Code: 
3. 
Continuing education. 
Concerning reguirements for the 
continuing education to 
be 
completed 
by 
an 
applicant 
as 
a 
prereguisite to renewal of a home contractor's license: and 
4. 
Renewal. 
Concerning license renewal consistent with 
section 15345. 
§15345. 
Renewal 
Licenses 
issued 
under 
this 
chapter 
expire 
annually 
on 
December 31st or on a date the commissioner determines. 
The 
board 
shall 
issue 
a 
renewal 
license 
upon 
receipt 
of 
an 
application 
for 
renewal, 
the 
annual 
fee 
and 
evidence 
of 
satisfactory completion of the continuing education reguirement 
pursuant to section 15344. subsection 3. 
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. 
§15346. 
Fees 
1. 
Establish by rule. 
The Director of the Office of 
Licensing and Registration within the department. 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 the following: 
A. 
For a general home contractor license, $350 annually: 
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.. to H.P. 1137, L.D. 1551 
B. 
For a specialty license. $150 annually; and 
C. 
For registration pursuant to section 15357. $100. 
2. 
Limitation. 
Fees established under this chapter may be 
used only for the purposes of this chapter. 
§I5347. 
Duties; powers 
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. 
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 
reguired 
fee 
unless 
the 
applicant 
has 
been 
afforded 
an 
opportunity 
for 
an 
adjudicatory hearing consistent with 
the 
board's rules. 
3. 
Bearings. 
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 may investigate or cause to be 
investigated any complaint made to the board and any case of 
noncompliance with or violation of this chepter. 
5. 
License gpalification. 
The 
board shall 
evaluate 
a 
person's qualifications for licensure under this chapter. 
§I5348. 
Licensing; aePlication 
1. 
License 
regyired. 
A 
person 
who 
acts 
as 
a 
home 
contractor must be licensed under this section. 
The board may 
grant the following licenses: 
A. 
A license to be a general home contractor: and 
B. 
Licenses specific to trades listed in section 15342. 
subsection 13. paragraph B. 
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COMMITTEE AMENDMENT" 
"to H.P. 1137, L.D. 1551 
2. 
Aeplications. 
Applications 
for 
licenses 
under 
this 
chapter 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 reguired by rule of the board, 
together with the prescribed fee. 
3. 
Criminal history information. 
Pursuant to Title 5, 
chapter 341, the applicant shall provide criminal history record 
information. 
4. 
Requirements for licensure as general home contractor. 
A person is gualified for a general home contractor license if: 
A. The person has: 
(1) 
Completed a 
combination of 4 years of relevant 
experience and education, as determined by the board, 
within one year after the effective 
date of this 
chapter pursuant to section 15357; 
(2) 
Acknowledged, on a form provided by the board, an 
awareness of the Maine Model Building Code: 
(3) 
Demonstrated, in a manner determined by the board, 
a familiarity with the laws governing home construction 
contracts under Title 10, chapter 219-A: and 
(4) 
Completed 
any 
other 
reguirements 
the 
board 
determines are necessary for licensure; or 
B. The person has: 
( 1) 
Completed a combination of 2 years of relevant 
experience and education, as determined by the board, 
within one 
year after the effective date of this 
chapter pursuant to section 15357; 
(2) 
Passed 
a 
general 
home 
contractor 
examination 
approved and adopted by the board that includes a test 
of proficiency in the Maine Model Building Code: 
(3) 
Demonstrated, in a manner determined by the board, 
a familiarity with the laws governing home construction 
contracts under Title 10, chapter 219-A: and 
(4) 
Completed 
any 
other 
reguirements 
the 
board 
determines are necessary for licensure. 
5. 
Requirements for licensure in specialty. 
A person is 
gualified for a specialty license, including a license to remove, 
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"to H.P. 1137, L.D. 1551 
repair, replace and install framing, roofing, siding, insulation, 
windows or chimneys, as appropriate, if: 
A. The person has: 
( 1) 
Completed a 
combination of 2 years of relevant 
experience 
and 
education 
in 
the 
specialty, 
as 
determined by the board, within one year after the 
effective date of this chapter pursuant to section 
15357: 
(2) 
Acknowledged, on a form provided by the board, an 
awareness of the Maine Model Building Code: 
(3) 
Demonstrated, in a manner determined by the board, 
a familiarity with the laws governing home construction 
contracts under Title 10, chapter 219-A: and 
(4) 
Completed 
any 
other 
reguirements 
the 
board 
determines are necessary for licensure: or 
B. The person has: 
(1) 
Completed a combination of one year of relevant 
experience 
and 
education 
in 
the 
specialty, 
as 
determined by the board, within one year after the 
effective date of this chapter pursuant to section 
15357: 
(2) 
Pas sed an examination in the specialty approved 
and 
adopted by 
the board that includes 
a 
test of 
proficiency 
in 
those 
sections 
of 
the 
Maine 
Model 
Building Code that relate to the specialty: 
(3) 
Demonstrated, in a manner determined by the board, 
a familiarity with the laws governing home construction 
contracts under Title 10, chapter 219-A: and 
(4) 
Completed 
any 
other 
reguirements 
the 
board 
determines are necessary for licensure. 
§15349. 
Exemptions to licensing 
A license is not reguired under this chapter for a person 
1. 
HOme contractor. 
Acts as a home contractor but who does 
not receive $3,000 or more from anyone owner in a calendar year: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
It 
It to H.P. 1137, L.D. 1551 
2. 
Labor: 
services. 
Performs labor or services for 
a 
licensed home contractor; 
3. 
Trade: profession. 
Holds 
a 
license for 
a 
trade or 
profession and who is acting within the scope of the trade or 
profession for which the person is licensed: 
4. Representatiye. 
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 
dwelling in 
which that person has 
an ownership interest or is 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 utilitr. 
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. 
Manufactured housing. 
Is licensed by or employed by a 
person licensed by the Manufactured Housing Board and performs 
home construction services in connection with the construction or 
installation of manufactured housing. 
§15350. 
License limitation 
A license issued under this chapter may be issued to any 
person. 
If the applicant is a corporation. partnership, limited 
liability company or other business entity, it must designate at 
least one natural person who is a 
partner, 
member, 
officer, 
manager or employee and who meets the professional qualifications 
required of licensees under this chapter. 
If the designated 
natural person no longer holds the qualifying relationship with 
the entity due to death or separation, the entity must designate 
another natural person within 6 months from the date of death or 
separation and qualify that person as soon as is practical. 
A business entity may conduct business under this chapter 
under a trade name if its license under this chapter is issued 
under the trade name. The Director of the Office of Licensing and 
Registration within the department may refuse to issue a license 
under a 
specific trade name if the name is considered to be 
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"to H.P. 1137, L.D. 1551 
misleading, deceptive or likely to result in confusion with other 
existing businesses. 
§15351. 
Changes in circumstances 
A licensee shall report a change of address or name or other 
material change in the condition or gualifications 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 
Subject to section 15347, subsection 2, the board may deny a 
license if an applicant: 
1. 
Fails to submit completed ARPlication. 
Fails to submit 
a completed application within 30 days after being notified of 
the materials needed to complete the application; 
2. 
Fails to satisfy gya1ifications or standards. 
Fails to 
meet license gualifications or to satisfy standards of practice 
as adopted by the board pursuant to section 15344, subsections 1 
and 2; 
3. 
Su&pension 
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 disgualification 
based on the applicant' s criminal record pursuant to Title 5, 
chapter 341. 
§15353. 
Financial disclosures 
An 
applicant 
must 
file 
with 
the 
board 
the 
following 
information: 
1. 
Nature of business. 
A complete statement of the general 
nature 
of 
the 
applicant's 
home 
contractor 
business 
or 
the 
applicant's duties; 
2. 
1Jn&atisfied judgments. 
Any final judgment owed to a 
consumer, based on a finding of fraud or breach of express or 
implied warranty of good workmanship, that remains unsatisfied 90 
days after entry of judgment by a court of competent jurisdiction; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
"to H.P. 1137, L.D. 1551 
3. 
Bankruptcy. 
Any 
pending petition in bankruptcy or 
discharge 
in 
bankruptcy 
within 
years 
from 
the 
date 
of 
application. 
§15354. 
Penalties; injunction 
Violations of licensing and registration requirements under 
this chapter are governed by the provisions of Title 10, section 
8003-C. 
§15355. 
Gro1lnds for disciplinax:y action 
After a hearing pursuant to section 15347, 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 
crime described in Title 5. section 5301. subsection 2 for which 
the licensee has been convicted: 
2. 
Conduct. 
An act or conduct that constitutes fraud or 
incompetence in acting as a home contractor: 
3. 
False statement. 
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 and abetting a person in 
conduct that constitutes a violation of this chapter: and 
5. 
Rule violation. 
Violating a rule adopted by the board 
or a provision of this chapter. 
§15356. Rotification of code adqption 
A town. city or municipality shall notify the board, on a 
form provided by the board. of its adoption of the Maine Model 
Building Code within 30 days of its adoption. 
§15357. 
Khen licensing effective; prior registration 
1. 
Licensing effective. 
Sections 
15348 
to 
15356 
take 
effect one year after the registration date. which is the first 
day of January of the year following the year in which: 
A. 
No 
fewer than 56 of the following towns. cities and 
municipalities have adopted the Maine Model Building Code: 
Acton; 
Alfred; 
Arundel; 
Ashland: 
Auburn: 
Augusta: 
Bar 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
.. to H.P. 1137, L.D. 1551 
Harbor; 
Bath; 
Belfast; 
Biddeford: 
Brewer; 
Bridgton; 
Brunswick; 
Buxton; 
Calais: 
Cape 
Elizabeth; 
Caribou; 
Carrabassett Valley: 
Cumberland; 
Dayton; 
Dedham; 
Durham: 
Eastport; 
Falmouth; 
Farmington: 
Fort Fairfield; Freeport: 
Gardiner; Gorham: Gray: Hallowell: Hampden; Herman: Holden: 
Hollis; 
Houlton; 
Kennebunk: 
Kennebunkport; 
Lebanon; 
Lewiston; 
Limington; 
Lisbon; 
Long Island; 
Lovell; 
Lyman; 
Manchester; 
Mechanic 
Falls; 
Newfield; 
Newport; 
North 
Yarmouth; 
Ogunquit; 
Old Orchard Beach: 
Old Town: 
Orono: 
Otisfield; Paris; Poland; Portland: Presque Isle; Rangeley: 
Raymond; 
Richmond: 
Rockland; 
Rumford; 
Saco; 
Sanford; 
Scarborough: 
Shapleigh: 
South 
Berwick: 
South 
Portland: 
Standish; 
Thomaston; 
Topsham; 
Trenton; 
Turner; 
Veazie; 
Waterboro: Wateryille: Wells: Westbrook: Windham: 
Winslow: 
and Yarmouth; and 
B. 
The total population, 
as 
determined by the Federal 
Decennial 
Census 
for 
2000, 
of 
the 
towns, 
cities 
and 
municipalities listed in paragraph A that have adopted the 
Maine Model Building Code is no less than 75~ of the total 
population, as determined by the Federal Decennial Census 
for 2000, of the towns. cities and municipalities listed in 
paragraph A. 
2. 
Registration. 
Upon the effective date of this chapter. 
the 
commissioner 
is 
authorized 
to 
develop 
a 
program 
of 
registration 
for 
persons 
who 
wish 
to 
practice 
as 
home 
contractors. 
Beginning on the registration date determined in 
accordance 
with 
subsection 
1. 
the 
commissioner 
shall 
begin 
registering these persons and collecting a registration fee in 
accordance with section 15346. subsection L 
paragraph C. 
This 
subsection is 
repealed 
upon 
the 
prov~s~ons of this 
chapter 
requiring licensure becoming effective pursuant to subsection 1. 
Sec. 3. Appointments to board; convening of first meeting. 
Members 
of the Maine Home Contractors Licensing Board established in the 
Maine Revised Statutes, Title 5, section 12004-A, subsection 20-A 
must be appointed in accordance with Title 32, section 15343 no 
later than September 1, 2004. 
The first meeting of the Maine 
Home Contractors Licensing Board must be convened no later than 
October 1, 2004. 
Sec. 4. Transfer. 
The Office of Licensing and Registration 
within the Department of Professional and Financial Regulation 
shall assess its Other Special Revenue licensing programs in the 
amount of $284,052 for the purpose of supporting the creation of 
the Maine Home Contractor Licensing Board. 
The assessment must 
be made 
to the other licensing boards within the Office of 
Licensing and Registration in a manner to be determined by the 
Office of Licensing and Registration and be transferred to the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
"to H.P. 1137, L.D. 1551 
Maine Home Contractor Licensing Board by September 1, 2004. 
All 
funds so assessed and transferred to the Maine Home Contractor 
Licensing Board must be repaid no later than January 1, 2006 by 
the Maine Home Contractor Licensing Board. 
If sufficient funds 
are not available within the Maine Home 
Contractor Licensing 
Board to repay the ·funds by January 1, 2006, the Department may 
request a General Fund appropriation. 
Sec. 
5. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
The 
following 
PROFESSIONAL AND FIBARCIAL REGULATION, DEPARTMENT OF 
Licensinq and Enforcement 
0352 
Initiative: 
Allocates 
funds 
for 
per 
diem, 
Attorney General 
services and related All Other expenses for the 
Maine 
Horne 
Contractor Licensing Board effective September 1,2004. 
Also 
allocates funds for one Clerk IV position and one Clerk Typist II 
position and related All Other costs effective January 1, 2005. 
Other Specia1 Revenue Funds 
Positions - Legislative Count 
Personal Services 
All Other 
Other Special Revenue Funds Total 
SUMMARY 
This 
amendment, 
which 
is 
the 
2003-04 
(0.000) 
$0 
a 
$0 
minority 
report 
committee, creates the Maine Horne Contractor Licensing 
amendment 
replaces 
the 
bill 
and 
contains 
the 
provisions: 
2004-05 
(2.000) 
$48,298 
432,427 
$480,725 ' 
of 
the 
Act. 
The 
following 
1. It requires licensure of a person who acts as a general 
home contractor or who installs, removes, repairs and replaces 
framing, roofing, siding, insulation, windows or chimneys; 
2. It requires a license only for work on "dwellings," which 
are 
defined 
as 
being 
owner-occupied 
buildings 
or 
buildings 
constructed for sale to owner-occupants consisting of 1 or 2 
units; 
3. It exempts 
from 
licensure requirements 
a 
person who 
receives less than $3, 000 per year from each owner; works for 
licensed contractors; is working within the scope of another 
trade license; is a government employee acting within the scope 
of employment; has an ownership interest in the subject dwelling; 
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.. to H.P. 1137, L.D. 1551 
is a vocational student; is a public utility; or is operating 
under a manufactured housing license; 
4. 
It creates the Maine Home Contractor Licensing Board, 
appointed by Governor, consisting of 2 public members; 
home 
contractors; one municipal code enforcement officer; one licensed 
engineer 
or architect, 
who 
is 
a 
nonvoting 
member; 
and 
one 
representative of the fire service, who is a nonvoting member; 
5. 
It empowers the board to make rules, grant and deny 
licenses, 
impose 
standards 
of 
practice, 
require 
continuing 
education and hold hearings, as well as to exercise other powers; 
6. It requires for licensure as a general home contractor 
the following: 
A. 
Four 
years 
combined 
experience 
and 
education, 
acknowledgment of the Maine Model Building Code, familiarity 
with the laws governing home construction contracts and any 
other requirements determined necessary; or 
B. Two years combined experience and education, passage of 
an exam including a test of proficiency in the Maine Model 
Building Code, 
familiarity with the laws governing home 
construction contracts and any other requirements determined 
necessary; 
7. 
It requires for licensure in a 
specialty trade the 
following: 
A. 
Two 
years 
combined experience 
and education in that 
trade, 
acknowledgment of the Maine Model 
Building Code, 
familiarity 
with 
the 
laws 
governing 
home 
construction 
contracts and any other requirements determined necessary; or 
B. One year combined experience and education in that trade, 
passage of 
an 
exam in that trade including 
a 
test of 
proficiency in the Maine Model Building Code, familiarity 
with the laws governing home construction contracts and any 
other requirements determined necessary; 
8. 
It requires 
an applicant 
for 
a 
license 
to provide 
criminal history information; 
9. It requires an applicant for a license to make financial 
disclosures to the board; 
10. 
It sets as fee caps $350 per year for a general home 
contractor license, $150 per year for a specialty license and 
$100 per year for registration; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
.. to H.P. 1137, L.D. 1551 
11. 
It requires municipalities that adopt the Maine Model 
Building Code to notify the board; and 
12. 
It creates a trigger mechanism for registration and 
licensing as follows: 
registration is triggered upon adoption of 
the Maine Model Building Code by 2/3 of municipalities with a 
prior code that make up 75% of population of people covered by 
these prior codes; the full licensing program begins one year 
later, along with a bar to practicing without having registered 
becoming effective. 
FISCAL NOTE REQUIRED 
(See attached) 
Page l5-LR18l5(2) 
COMMITTEE AMENDMENT 
Approved: 04/02/04 ~ae 
Office of Fiscal and Program Review 
LD 1551 
An Act to License Home Building and Improvement Contractors 
LR 1815(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Appropriationsl Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Transfers 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new Class D and Class E crimes 
Establishes new civil violations 
Fiscal Detail and Notes 
2003-04 
$0 
$0 
$0 
2004-05 
$480,725 
$600,000 
$0 
Projections 
2005-06 
$684,585 
$1,140,000 
$0 
Projections 
2006-07 
$548,83: 
$1,140,000 
$0 
This bill establishes the Maine Home Contractor Licensing Board within the Department of Professional and Financial 
Regulation'S Office of Licensing and Registration. This bill includes an Other Special Revenue Funds allocation 
totaling $480,725 in fiscal year 2004-05. Of this amount, $284,054 is estimated to be required for the operation of the 
board from September 1,2004 through December 31,2004, and includes the costs associated with the per diem and 
other expenses for board members, administrative support from the Office of Licensing and Registration and the 
upgrade of the licensing system. An additional $196,671 in funding will be required for the remainder of the 2004-05 
fiscal year to support the costs of one Clerk IV position and one Clerk Typist IT position beginning in January 2005, as 
well as the per diem and All Other expenses related to the operation of the Board. Additional Other Special Revenue 
Funds allocations will be required beginning in fiscal year 2005-06 for two Inspector positions, one Paralegal positior 
one Director position and additional All Other expenses. 
LR1815(2) - Fiscal Note - Page 10f2 
This bill establishes fees for general home contractor licenses, specialty licenses and registration and creates a two-
part triggering mechanism in which registration and licensing will occur. This fiscal note assumes that the triggering 
events occur before January 1, 2005 and that the receipt of registration fees will begin in January 2005. An economic 
impact analysis prepared by Planning Decisions, Inc. of South Portland, Maine in November 2003 estimates a 
potential for approximately 12,000 home improvement contactors that could be licensed. Given the exemptions from 
the licensure requirements provided in this bill, this fiscal note assumes the registration of 6,000 contractors beginning 
in January 2005 which will result in $600,000 in dedicated revenues to the Board in fiscal year 2004-05. Actual 
dedicated revenues from registration fees will be higher or lower depending on the actual number of registrants and 
the timing of the triggering mechinism included in this legislation. A General Fund appropriation may be required if 
sufficient dedicated revenues are not received to support the operation of the Board by January 2005. 
Because sufficient dedicated funds will not be available to support the operation of the Board from September 1, 2004 
through December 31, 2004, this fiscal note includes language which directs the Office of Licensing and Registration 
within the Department of Professional and Financial Regulation to assess its Other Special Revenue Funds licensing 
programs in the amount of $284,052 and to transfer that amount to the Maine Contractor Licensing Board to support 
the initial start up costs by September 1, 2004. This language also specifies that these funds are to be paid back to the 
existing boards by January 1,2006. 
LR1815(2) - Fiscal Note - Page 2 of 2 
LD 1551 
HP 1137 
April 10, 2003 
COMMITTEE ON BUSINESS, RESEARCH AND ECONOMIC 
DEVELOPMENT SUGGESTED AND ORDERED PRINTED. 
BILL REFERRED TO THE COMMITTEE ON BUSINESS, 
RESEARCH AND ECONOMIC DEVELOPMENT 
SENT FOR CONCURRENCE. ORDERED SENT FORTHWITH. 
77J~ 
/?1. 77!1t£~ 
CLERK 
IN THE SENA TE CHAMBER 
April 1 0, 2003 
UNDER SUSPENSION OF THE RULES ON MOTION BY SENATOR 
BROMLEY OF CUMBERLAND REFERRED TO THE COMMITTEE 
ON BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT IN 
CONCURRENCE 
SECRETARY OF THE SENATE