An Act To Maintain Standards for Consumers of Mechanical Services
Maine Legislature, Session 122, LD 1933
Committee: Business, Research and Economic Development
Sponsors: EDMONDS
Amends: 5 MRSA §12004-A, 32 MRSA §15322

Legislative Document 
No. 1933 
S.P.733 
In Senate, January 4,2006 
An Act To Maintain Standards for Consumers of Mechanical 
Services 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Printed on recyc led paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-A, sub-§47 is enacted to read: 
47. 
Heating, 
Cooling and Air 
Distribution Board 
MRSA §15322 
Sec. 2. 32 MRSA c. 134 is enacted to read: 
CHAPTER 134 
HEATIIIG, COOLIIIG AND AIR DISTRIBUTION BOARD 
§15321. 
Definitions 
As 
used in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Heatiu,g, 
coolijl.~d air 
distribution 
eqy.ipment. 
"Heating, 
cooling 
and 
air 
distribution 
equipment" 
does 
not 
include 
self-contained 
home 
appliances, 
plumbing 
and 
piping 
systems subject to regulation under chapter 49, oil and solid 
fuel equipment subject to regulation under chapter 33 or fire 
sprinkler systems subject to regulation under chapter 20. 
§15322. Appointment: vacancies: removal: compensation 
The 
Heating. 
Cooling 
and 
Air 
Distribution 
Board, 
as 
established by Title 
5, 
section 
l2004-A, 
subsection 
and 
referred to in this chapter as "the board." consists of the 
Commissioner of Public Safety or a representative and 6 other 
members. referred to in this chapter as "the appointive members," 
who are appointed by the Governor. 
Four of the appointive members must be licensees of the 
board who are active in the trade. 
One of these 4 appointive 
members must have at least 5 years' experience. and the other 3 
must have at least 10 years' experience, as heating, cooling and 
air 
distribution 
eguipment 
installers. 
Of 
the 
remaining 
appointive members. one must be a representative of the heating, 
cooling 
and 
air 
distribution 
industry 
and 
one 
must 
be 
a 
representative of the public. 
The appointive members are appointed for terms of 4 years. 
Any appointive member of the board may be removed from office by 
the Governor for cause. 
Annually, the 6 appointive members of 
the board shall choose one of their members as chair. 
§15323. 
EmplQyees 
Page l-LR2854(l) 
The COll)l1lissioner of Professional and Financial Regulation, 
with the advice of the board, may appoint. subject to the Civil 
Service Law, such employees as may be necessary to carry out this 
chapter. 
Any persons so employed are located in the Department 
of Professional and Financial Regulation under the administrative 
and supervisory direction of the Commissioner of Professional and 
Financial Regulation. 
In addition, 
the board may enter into 
contracts to carry out its responsibilities under this chapter. 
§15324. 
Meetings: rules 
The board shall meet at least once a year to conduct its 
business and elect its officers. 
Additional meetings may be held 
as necessary to conduct the business of the board and may be 
convened at the call of the chair or a majority of the board 
members. 
Four members of the board constitute a quorum for all 
purposes. 
The board may adopt standards and rules as necessary, 
pursuant to Title 5, chapter 375, for the holding of examinations 
and for carrying out this chapter and may provide for reciprocity 
of licensing with similar boards of other states that maintain 
standards equivalent to those provided under this chapter. 
§15325. 
I~~~Ltj~~i~~~QmPlaints: suspension or 
revocation of licenses 
1. 
Inyestigation. 
The 
board 
shall 
investigate 
all 
complaints made to it and all cases of noncompliance with or 
violation of this chapter. 
The board may suspend or revoke a 
license issued under this chapter pursuant to Title 5, section 
10004. 
2. 
Ground~_f~~~sion, revocation, refusal to issue or 
x.!;!nelf. 
The board may refuse to issue or renew a license or the 
Distr ict Court may s_uspend, revoke or refuse to renew the license 
of any licensee who is found guilty of: 
A. 
The practice of fraud or deceit in obtaining a license: 
B. 
Any gross negligence, incompetency or misconduct in the 
performance of the work of installing, altering or repairing 
heating, cooling or air distribution equipment. 
Continued 
failure to conform to standards or rules adopted by the 
board 
is 
prima 
facie 
evidence 
of 
gross 
negligence 
or 
incompetency; or 
C. 
Any violation of this chapter. 
3. 
Surrender of 
licen~e. 
Any 
license suspended by the 
board or suspended or revoked by the District Court Judge must be 
immediately surrendeJ;:ed teL· :1e board and h~~Qurin.9- any period 
o f 
sus pe n s ion 
r , 
i f 
r evo k e,"",d,-",---"u",n..,t"-,i"-,l"--.-!r,-,e"-,i,,.,n,,,s!L!ot-,,,a'""t,,.e~d,,--..!:a!.>is'--.J;!p~r~ouvL,i~d>!:e~d---,~=-· n~ 
thi s chapte r • 
4. 
Failu~~_~a,ss e:xam...i;n_~tion. 
There is no appeal from 
the failure of the board to issue a license as a result of an 
applicant's failing to pass an examination when the results of 
!Jle examination have been unanimously certified by the board to 
be correct. 
5. 
Reinstatement: 
return of 
license. 
A person 
whose 
license is suspended or revoked for more than 90 days shall 
establish that the person meets all requirements governing new 
applicants under this cha~er as a condition of reinstatement or 
return of that person's license, except that the board may in its 
discretion, giving due consideration to the protection of the 
public, waive examination if the period of suspension is less 
than 
years or, 
in the case of revocation of license, 
the 
gpplicant 
is 
both 
eligible 
and 
has 
made 
application 
for 
reinstatement of license within 2 years of the effective date of 
revocation. 
§15326. 
Records 
The 
board shall 
keep 
such 
records 
and 
minutes 
as 
are 
necessary to the ordinary performance of its functions. 
§15327. 
Bearings 
1. 
Board authorized to conduct hearin.g.&. 
Hearings may be 
conducted by the board to assist with investigations and to 
determine whether grounds exist for suspension. 
revocation or 
denial of a license, or as otherwise considered necessary to the 
fulfillment of its responsibilities under this chapter. 
2. 
ORPortv,nity for hearing. 
The board may not refuse to 
renew a 
license for any reason other than failure to pay a 
required fee unless it has afforded the licensee an opportunity 
for 
an 
adjudicatory 
hearing. 
The 
board 
shall 
hold 
an 
adjudicatory hearing at the written request of any person who is 
denied a license without a hearing for any reason other than 
failure to pay a 
re~uired fee, as long as the re~uest for hearing 
is received by the board within 
days of the 
applican~ 
receipt of written notice of the denial of the applicant's 
application, the reasons for the denial and the applicant's righ~ 
to 
re~uest a hearing. 
Hearings must be conducted in conformity 
with 
Title 
5, 
chapter 
375, 
subchapter 
4, 
to 
the 
extent 
applicable. 
The 
board 
may 
subpoena 
witnesses, 
records 
and 
documents in any hearing it conducts. 
• 
§15328. 
License required 
~_ersQ!l __ l)1ay 
nO~~'for!]l_~_he installation, alteration or 
repair of heating, cooling or air distribution equipment unless 
the person is licensed pursuant to this chapter. 
§15329. 
Exce~ions 
The licensing provisions of this chapter do not apply to: 
1. 
Electricians. 
An 
electrician 
duly 
licensed 
under 
chapter 17 insofar as the installation of electrical equipment or 
the 
performance 
of 
any 
electrical 
work 
involved 
in 
the 
installation of heating, cooling and air distribution equipment 
is concerned: 
2. 
Plumbers. 
A plumber duly licensed under 
chapter 
insofar as the work covered by that chapter is involved; 
3. 
Fire sprinkler contractors. 
A fi~rinkler contractor 
duly licensed under chapter 20 insofar as the work covered by 
that chapter is involved; and 
4. 
Engineers and o~rators. 
A person holding an engineer's 
license issued under section 15109 or working under the general 
supervision of one so licensed while performing heating, cooling 
and air distribution equipment repair and maintenance insofar as 
the work 
covered by that section is involved, if that work 
conforms with board rules; or a person employed by companies 
under the jurisdiction of the Public Utilities Commission or the 
United States Nuclear Regulatory Commission whose facilities are 
subject to inspection under Title 32, chapter 131. 
Nothing in this chapter prevents a person from installing, 
al_tering 
or 
repairing heating, 
cooling 
and 
air 
distribution 
equipment in a sinlLLe-family residence occupied or to be occupied 
by that person as that person's bona fide personal abode, as long 
as the installation conforms with board rules. 
§15330. Issuance of licenses 
1. 
Application; qualifications. 
The board shall issue a 
license to any person who files a sworn application, who passes 
an examination approved by the board and who meets the following 
applicable qualifications. 
A. 
For a journeyman 
technician 
license, 
evidence to the board 
heating, cooling and air 
a 
person 
must 
present 
of at least: 
distribution 
satisfactory 
(1) 
One year's licensed practical experience as an 
apprentice 
heating, 
cooling 
and 
air 
distribution 
technician pursuant to subsection 2: 
( 2) 
Six months of licensed practical experience and 
completion of a heating, cooling and air distribution 
technician course at a Maine community college, career 
and technical education center or career and technical 
education region or a comparable institute from Maine 
or another state consisting, at a minimum, of 160 hours 
of study, of which at least 75 hours are made up of 
lab~ory 
work 
on 
heating, 
cooling 
and 
air 
distribution eguipment and related systems: or 
(3) 
Successful 
completion 
of 
a 
minimum 
one-year 
accredited heating course at a Maine community college 
consisting, at a 
m~n~mum, of 320 hours of study, of 
which at least 150 hours are made up of laboratory work 
on heating, cooling and air distribution eguipment and 
related systems. 
An out-of-state applicant must present satisfactory evidence 
to 
the 
board 
of 
experience 
in 
installing, 
cleaning, 
sery~c~ng, altering and repairing heating, cooling and air 
distribution eguipment. 
B. 
For 
a 
master heating, 
cooling and air distribution 
technician license, 
a 
person must present to the board 
satisfactory evidence 
of 
a 
total 
of 
years' 
licensed 
practical experience as an apprentice heating, 
coolin~d 
air 
distribution 
technician 
and 
a 
journeyman 
heating, 
cooling and air distribution technician and evidence that 
the licensed practical experience for at least 2 of those 4 
years was as a licensed journeyman heating, cooling and air 
distribution technician, or fulfill other such reguirements 
as 
the 
board 
may 
establish. 
Courses 
approved 
for 
a 
journeyman license may not be applied toward the licensing 
reguirements for a master. 
An out-of-state applicant must 
present satisfactory evidence to the board of experience in 
installing, 
cleaning, 
serv~c~ng, 
altering 
and 
repairing 
heating, cooling and air distribution eguipment. 
2. 
Appt"~nt_~ce. 
The board may issue an apprentice lic~ 
without examination to any person who applies and submits a fee 
as 
adopted by the Director 
of 
the Office of Licensing 
and 
Registration within the Department of Professional and Financial 
Regulation by rule. 
Any such person employed by, or under the 
direct 
superv~s~on of, 
a 
master 
licensee must 
apply for 
an 
apprentice license immediately upon employment or 
immediately 
• 
• 
after beginning school in a heating, cooling and air distrib~tion 
~rogram. 
An 
apprentice heating, 
~hnician may 
clean 
heating, 
eguipment as specified by rule. 
cooling 
cooling 
and 
and 
air 
air 
distribution 
distribution 
3. 
Lice~~rtificate. All persons licensed by the board 
must 
receive 
a 
license 
certificate 
that 
must 
be 
publicly 
displayed at the principal place of business of the licensee, if 
any, and a pocket card license that must be carried on the person 
and displayed at any time upon reguest. 
SIS331. 
Rules 
The board may adopt reasonable rules for the issuance of 
various types and classes of licenses to coyer heating, cooling 
and air distribution eguipment installations, 
alterations 
and 
repairs 
and 
to 
set 
forth 
standards 
and 
rules 
for 
product 
approval. 
A 
license 
may 
cover 
one 
or 
more 
types 
of 
installations. 
The 
board may 
further 
adopt 
reasonable rules 
concerning the term and type of experience reguired by candidates 
for examination. 
Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
SIS332. 
Fees 
The Director of the Office of Licensing and Registration 
within the. Department of Professional and Financial Regulation 
may establish by rule fees for purposes authorized under this 
chapter in amounts that are reasonable and necessary for their 
respective purposes, except that the fee for anyone purpose may 
not 
exceed 
$350 
biennially. 
Rules 
adopted pursuant to this 
section are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
SIS333. 
Examinations 
~RPlication for examination. 
An applicant for a master 
or journeyman heating, cooling and air distribution technician 
license shall present to the board a written application for 
examination containing such information as the board may reguire, 
accompanied by the prescribed fee. 
2. 
Form; content. 
Examinations must be in whole or in part 
in writing, must be conducted by the board and must be of a 
thorough 
and 
practical 
character 
commensurate 
with 
the 
responsibilities 
of 
the 
type 
of 
license 
applied 
for. 
Examinations may include guestions on the rules of the board and 
any standards and codes as may be applicable to the installations 
and the eguipment. 
3. 
Reexamination. 
A person failing to 
pass 
the first 
examination in anyone category may be 
reexamined at a 
time 
agreeable to the board upon payment of the examination fee. 
§15334. 
Renewals 
All licenses expire 2 years from the original date of issue 
or at such other time as the Commissioner of Professional and 
Financial Regulation may designate. 
The licenses may be renewed 
on a biennial basis without further examination upon the payment 
of the proper fee. 
The board shall notify everyone registered 
under this chapter of the date of expiration of the license and 
the amount of fee required for its renewal for a 2-year period. 
The notice must be mailed to the person's last known address at 
least 30 days in advance of the expiration date of the license. 
A license may 
be 
renewed 
up 
to 
days 
after 
the 
date of 
expiration upon payment of a late fee in addition to the renewal 
fee. 
A person who submi ts an application for renewal more than 
days 
after 
the 
license 
renewal 
date 
is 
subject 
to 
all 
requirements governing new applicants under this chapter, except 
that the board may, giving due consideration to the protection of 
.1,.he public, waive examination or other requirements. 
The board 
ITIQL_~sess penal ties for. lat~_. renewals more than 90 days _Qt~er 
the date of expiration. 
§15335. 
Corporations. firms and partnerships 
The board may 
iss1.,1.~ 
a 
com]29ny license to 
a 
cor-P.Q.J'ation, 
firm, partnership or limited liability company. 
Such a license 
may 
not be 
issued unless 
the applicant provides satisfactory 
evidence that it has a licensed master heating, cooling and air 
distribution 
technician 
directly 
ln 
charge 
of 
its 
heating, 
cooling 
and 
air distribution business 
activities 
who 
is 
an 
officer in the case of a corporation, or full-time employee in 
the case of a firm or partnership, and the license must be issued 
in 
the 
name 
of 
that master 
technician. 
Upon 
the 
death 
or 
severance 
from 
the 
company 
of 
the 
licensed master 
heating, 
cooling and air distribution technician in whose name the company 
license is held, the company license automatically terminates 30 
days from the date of that death or severance, unless the company 
applies for reissuance of its license in the name of another 
licensed master heating, cooling and air distribution technician 
who is qualified under this section. 
§15336. 
Installations to conform to standards 
A person 
mQy------.nQ~erform 
repair of heating, cooling or 
the 
installation, 
alteration 
an installation, alteration or 
air distribution equipment unless 
or 
repair 
complies 
with 
all 
• 
• 
standards 
and 
regulations 
adopted 
by 
the 
board. 
Whenever 
i~~J;..9llQtion, alteration or repair of heating, cooling and air 
distribution 
equipment 
is 
separately 
contracted, 
the 
master 
license holder 
in charge of installation is responsible for 
ascertaining total conformance to the standards. 
Whenever any 
~te heating, cooling and air distribution compliance officer 
finds a person installing: or assisting in a heating, cooling or 
air distribution equipment installation. the person shall. 
on 
request of the compliance officer. provide evidence of being 
properly licensed when required by this chapter and. if unable to 
provide the evidence. shall furnish the compliance officer with 
that person's full name and address and. if applicable. the full 
name and address of the master in charge. 
§15337. 
State heating, cooling and air distribution 
compliance officers 
1. 
Inspection. 
State heating. cooling and air distribution 
compliance officers, upon written complaint of any owner, lessee 
or tenant of a 
building~ate fire inspector, fire chief, fire 
department 
inspector, 
personnel 
of 
a 
transmission 
and 
distribution utility or local electrical inspector, or whenever 
the compliance officers consider it necessary, for purposes of 
examination of heating, cooling and air distribution equipment 
installation, alteration or repairs, may at all reasonable hours 
enter into 
and 
upon all buildings 
or premises within their 
jurisdiction 
and 
inspect 
the 
buildings 
or 
premises. 
The 
inspectors may enter a building only with the permission of the 
person having control of the building or. after hearing, 
upon 
order of the court. 
Whenever 
a 
compliance officer finds any 
heating, cooling and air distribution equipment in any building 
or structure that does not comply with the requirements of this 
chapter, that officer shall order the equipment to be removed or 
remedied, and the order must forthwith be complied with by the 
owner or occupant of that building or structure or the installer 
of 
the 
equipment. 
If 
the 
compliance 
officer 
finds 
an 
installation 
that 
falls 
under 
the 
compliance 
officer's 
jurisdiction in a building or structure that creates a danger to 
other property or to the public, 
the compliance officer may 
forbid the use of the building or structure by serving a written 
order upon the owner and the occupant, if any, to vacate within a 
reasonable period of time to be stated in the order. 
2. 
Or.c}.er to correcJ;_.-!ieficiency~a1. 
A person orj:lered 
by 
a 
state heating, 
cooling and air distribution compliance 
officer to correct a 
deficiency or to vacate 
a 
building or 
structure may appeal the order by filing with the board within 7 
days of receipt of the order a written notice of appeal. 
The 
board shall review that appeal and issue its written decision 
within a reasonable time after receipt of the notice of appeal. 
If the board 
U~.lL~lle compliance officer' s order, it shall 
prescribe a time period for the requisite correction specified in 
its written decision or the time within which that person must 
vacate the building or structure. 
The decision must be complied 
with, unless appealed as provided. 
A person ordered by the board 
to correct a deficiency or to vacate a building or structure may 
appeal the order to the Superior Court in accordance with Title 
5, chapter 375, 
subchapter 7 by filing a petition for review 
wi thin 48 hours of 
r~ceipt of the order. 
The court shall issue 
its written decision within 20 days after receipt of the petition 
for review. 
3. 
Final orders. 
The decision of the Superior Court on an 
gppeal is final. 
An order by a state heating, cooling and air 
distribution compliance officer and any order by the board are 
final and subject to no further appeal upon failure to file a 
timely, written appeal as provided in subsection 2. 
4. 
Inj~ction to enforce order. 
Upon the failure of a 
person to carry out a final order as provided in subsection 3, 
the board may petition the Superior Court for the county in which 
the building or premises are located for an injunction to enforce 
that order. 
If 
the 
court determines, 
upon 
hearing 
such 
a 
petition, that a lawful final order was issued, it shall order 
compliance. 
5. 
Po~~rs 
of 
heating. 
cooling 
and 
air 
distribu,tiQ~ 
compliance 
officers. 
Heating, 
cooling 
and 
air 
distribution 
compliance officers have powers throughout the several counties 
of the State, similar to those of sheriffs in their respective 
counties, 
relating to enforcement of this chapter 
and 
rules 
adopted under this chapter. 
These powers are limited to the 
issuing of citations, the serving of summonses, the conducting of 
investigations, the ordering of corrections of violations and the 
issuance 
of 
orders 
to 
vacate 
a 
building 
or 
structure 
in 
accordance with this chaj2.ter. 
State heating, 
cooling and air 
distribution compliance officers may review the heating, cooling 
and air distribution equipment installation records of any person 
licensed 
under 
this 
chapter 
or 
any 
person 
performing 
installations, alterations or repairs as authorized under this 
chapter. 
§15338. 
Failure to comply with order of compliance officer 
• 
If the owner, 
occ~ant of any building or an installer 
neglects or refuses, without justification, for more than 10 days 
to 
comply 
with 
any 
order 
of 
a 
heating, 
cooling 
and 
air 
distribution compliance officer concerning heating, cooling and 
air distribution equipment installations, alterations or repairs 
as 
provided 
by 
this 
chapter, 
that 
person 
commits 
a 
civil 
violation for which a forfeiture of not less than $100 for each 
day's neglect may be adjudged. 
§15339. 
Violations: penalties 
1. 
Penalties. 
The following penalties apply to violations 
of this chapter. 
A. 
A person, firm or corporation who installs, 
repairs 
heating, 
cooling 
and air distribution 
without being licensed as provided by this chapter 
Class E crime. 
alters QL 
eguipment 
commits a 
B. 
A person, firm or corporation in thp. heating, cooling 
and air distribution business that employs an unlicensed 
~son, unless the work is exempted under this chapter, 
commits a Class E crime. 
C. 
A person who procures a license as provided in this 
chapter wrongfully or by fraud commits a Class E crime. 
2. 
Strict liability. 
Except 
as 
otherwise 
specificall~ 
provided, violation of this section is a strict liability crime 
as defined in Title 17-A, section 34, subsection 4-A. 
3. 
Injunctive relief. 
The State may bring an action in 
Superior Court to enjoin a person from violating this chapter. 
regardless of whether proceedings have been or may be instituted 
in the District Court or whether civil proceedings to impose a 
fine have been or may be instituted. 
Sec. 3. Application. 
For a period of one year beginning on 
the effective date of this Act, the COmMissioner of Professional 
and Financial Regulation may grant a journeyman heating, cooling 
and air distribution technician license to 
a 
person without 
examination if the person pays the appropriate fee and presents 
satisfactory evidence that the person has 
years' experience 
installing, 
altering 
or 
repairing 
heating, 
cooling 
and 
air 
distribution equipment. 
Sec. 4. Initial members of board. 
Notwithstanding the Maine 
Revised Statutes, Title 32, section 15322, the initial appointive 
members of the Heating, Cooling and Air Distribution Board need 
not be licensees of the board. 
SUMMARY 
This 
bill 
establishes 
the 
Heating, 
Cooling 
and 
Distribution Board within the 
Department of Professional 
Air 
and 
Financial Regulation and establishes the powers and duties of the 
board, including the adoption of rules and standards governing 
the installation, alteration and repair of heating, cooling and 
air distribution equipment and enforcement of those rules and 
standards. 
The bill also creates a licensing system for master, 
journeyman and apprentice heating, cooling and air distribution 
technicians. 
Page ll-LR2854(1)