An Act To Amend the Rule-making Authority of the Commissioner of Public Safety Regarding the Construction, Installation, Maintenance and Inspection of Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances Further amend title and before following: the bill by striking out everything after the the summary and inserting in its place the Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, the Legislature seeks to amend the rule-making authority of the Department of Public Safety with respect to the construction, installation, maintenance and inspection of chimneys, fireplaces, vents and solid fuel burning appliances and to authorize the Department of Public Safety to adopt new rules as quickly as the process will allow; and Whereas, the Legislature seeks to immediately repeal current rule-making authority pertaining to inspection of chimneys, Page l-LR29l4(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1825
Committee Amendment CA_A_H943 (House)

COMMITTEE AMENDMENT "A" to H.P. 1265, L.D. 1825, Bill, "An 
Act To Facilitate Inspections of Heating Appliances and Chimneys" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Amend the Rule-making Authority of the Commissioner of 
Public 
Safety 
Regarding 
the 
Construction, 
Installation, 
Maintenance and Inspection of Chimneys, 
Fireplaces, 
Vents and 
Solid Fuel Burning Appliances' 
Further amend 
title and before 
following: 
the bill by striking out everything after the 
the 
summary and inserting in its place the 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the Legislature 
seeks 
to 
amend 
the 
rule-making 
authority of the Department of Public Safety with respect to the 
construction, 
installation, 
maintenance 
and 
inspection 
of 
chimneys, fireplaces, vents and solid fuel burning appliances and 
to authorize the Department of Public Safety to adopt new rules 
as quickly as the process will allow; and 
Whereas, the Legislature seeks to immediately repeal current 
rule-making 
authority 
pertaining 
to 
inspection 
of 
chimneys, 
Page l-LR29l4(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·n" to H.P. 1265, L.D. 1825 
fireplaces, vents and solid fuel burning appliances upon the sale 
or transfer of real estate and to authorize the Department of 
Public Safety to adopt new rules as quickly as the process will 
allow; and 
Whereas, the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 
2-A requires legislative authorization before major 
substantive agency rules may be finally adopted by the agency, so 
rules 
pertaining to 
inspection 
and 
maintenance 
of 
chimneys, 
fireplaces, vents and solid fuel burning appliances upon the sale 
or transfer of real estate must come back to the Legislature for 
that review; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 25MRSA§2465, as corrected by RR 2003, c. 1, §25, is 
amended to read: 
§2465. Adoption of rules 
ly--~~ie»-~--Fule6y--~-Q9mm4664eBe~-~~-~~~~--Safe~y 
6aa**T-4R-~€€e~~~£€e-~~~~~~~~~~~&~~~~~-~Fgeea~Fe-Ae~T 
~i~*e--~--~~~--~+9T--~--~--FefeFeaee--~~-~~--aae 
Re~~*a~i9a6-~6-~~-~-~~-~aea-€~~~eB~-~~~~~-~~-Na~i9aa± 
~il'i'e--P£"9t.e€t.49R--A66.e€.,i~~.,ie£---C~--#-6-],...],...,----·!..'];he.--St;,a:a4aHl&--fel'i' 
Qaimaey6T-~iFe~*aee6T-Vea~6-aae-~9±ie-~~e*-B~Faia~-A~~*iaaee6~T 
I-A. 
Routine technical rules. 
The Commissioner of Public 
Safety 
shall 
adopt 
rules 
pertaining 
to 
the 
construction, 
installation, maintenance and inspection of chimneys, fireplaces, 
vents and solid fuel burning appliances. 
Rules adopted pursuant 
to this subsection may include rules pertaining to maintenance 
and inspections, except as provided in SUbsection I-B. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
I-B. 
Major substantive rules. 
The Commissioner of Public 
Safety may adopt rules reguir ing maintenance and inspection of 
chimneys, 
fireplaces, 
vents 
and solid fuel burning appliances 
upon the sale or transfer of property. 
Rules adopted pursuant to 
this subsection are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1265, L.D. 1825 
2. 
Prohibitions. 
A 
person 
may 
not 
for 
compensation 
construct e~L install or maintain any vent or solid fuel burning 
appliance 
unless 
that vent or 
appliance 
is 
constructed 
e~L 
installed or maintained in accordance with 
t;ae-¥-E>-V-i-s-,i~-G-~-t;ae 
Wat;~eBal-~~~-P£e~e€~4eR-~~~-~~€--~~11r-2~~-St;aRea~es 
Ee~---C~~~r--~~~~~---VeR~b---aaQ--~~~--~~~---8~~RiR~ 
Appl~aRee6 .. !! this section or the rules adopted pursuant to this 
section. 
Construction 
and 
installation 
of 
chimneys 
and 
fireplaces are ~ 
governed by Title 32, chapter 33. 
3. 
Enforcement. 
Subject to Title 
32, 
chapter 
33, 
the 
Commissioner of Public Safety or the commissioner's designees, 
state oil and solid fuel compliance officers, duly appointed fire 
chiefs or their designeesr and municipal building inspectors and 
code enforcement officers may enforce the requirements of !!";I;ae 
St;aRQaFQs-~~-~~~--~~~¥~&r-VeRt;s-a£4-~I~~-~~1-8~~RiR~ 
Appl~aRees~ this section, 
the rules 
adopted pursuant to this 
section and Title 32, section 2313-A. 
4. 
Prior installation. 
Any 
chimney, 
fireplace, 
vent or 
solid fuel burning appliance constructed or installed prior to 
t;ae-e~Eeet;iye-Qat;e-e~-t;ais-6eet;ieR July 13, 1982 may be continued 
in use subject to the provisions of section 2432. 
5. 
Bome 
rule. 
Subject 
to Title 
32, 
chapter 
33, 
any 
municipality 
may 
adopt 
as 
ordinance 
requirements 
for 
the 
materials, 
installation 
e~L 
construction, 
maintenance 
or 
inspection of chimneys, fireplaces, vents or solid fuel burning 
appliances that exceed the requirements of 
!!";I;ae--St-an(i.a.{"-ds--Ee~ 
bbimBeysr-~~~~~--~ea&&-~~~l~-¥QeJ-~~~-AppliaRees .. !! 
this section and the rules adopted pursuant to this section. 
5-A. 
Safety information. 
A new factory-built fireplace, 
fireplace stove or solid fuel burning room heater may not be sold 
in retail trade, unless the seller provides the buyer, 
on or 
before the sale, with an installation instruction manual or, in 
the case where such a manual is not available, with a pUblication 
of 
the 
Department 
of 
Economic 
and 
Community 
Development 
containing recommended clearances t;ae-bame-~~~~~&Gr~&ea-iR 
t;ae-Na~4eRaJ-~-i~€-~~~~-i~~~~~~~-~~11r-~he-St;aRea~Q6 
~e~--~~~~r--~~~~~---VeR~b---aaQ--~~~--~~~---gQ~RiR~ 
AppliaReeSr-~~~~-By-~~~-amm~&&ieaer-e~-~~~-SaEety in 
accordance with the rules adopted pursuant to this section. 
6. 
Penalty. 
The following penalties apply. 
A. 
A person who, for compensation, constructs or installs 
vents or solid fuel burning appliances in violation of the 
standards 
and 
then 
permits 
such 
violation 
to 
remain 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. R.. to H. P. 1265, L.D. 1825 
uncorrected after 30 days' notice from an official empowered 
to enforce this section commits a civil violation for which 
a fine of not more than $500 for each violation may be 
adjudged. 
The court may waive any penalty or cost against a 
violator 
upon satisfactory proof that 
the violation was 
corrected within 30 days of the issuance of a complaint. 
Construction and installation of chimneys and fireplaces are 
governed by Title 32, chapter 33. 
B. 
A person who fails to provide 
a 
purchaser with an 
instruction manual 
or 
the authorized publication of 
the 
Department 
of 
Economic 
and 
Community 
Development, 
as 
described in subsection 5-A, commits a civil violation for 
which a fine of not less than $200 and not more than $500 
may be adjudged. 
C. 
A 
person 
who 
violates 
paragraph 
previously violated paragraph B commits 
for which a fine of not less than $500 
$800 for each offense may be adjudged. 
B 
after 
having 
a civil violation 
and not more than 
D. 
A person who violates a rule adopted pursuant to this 
section commits a civil violation for which a fine of not 
less than $200 
and not more than $500 
may be adjudged, 
except 
that 
this 
paragraph 
does 
not 
apply 
to 
a 
rule 
requiring an annual chimney inspection for a single-family 
home. 
In addition 
violation of 
chapter 10. 
to the penalties provided 
this chapter constitutes 
in this subsection, 
a violation of Title 
a 
5, 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. ' 
SUMMARY 
This amendment replaces the bill, changes the title, adds an 
emergency preamble and clause and amends the Commissioner of 
Public Safety's rule-making authority regarding the construction, 
installation, maintenance and inspection of chimneys, fireplaces, 
vents and sol id fuel burning appliances. 
The amendment repeals 
the current directive to the Commissioner of Public Safety to 
adopt the National Fire Protection Association Code #211, 
"The 
Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning 
Appliances," 
and replaces that with more 
general 
rule-making 
authority 
that 
directs 
the 
commissioner 
to 
adopt 
routine 
technical rules pertaining to the construction, 
installation, 
maintenance and inspection of chimneys, fireplaces, vents and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1265, L.D. 1825 
solid fuel burning appliances. 
The amendment also authorizes the 
commissioner to adopt major substantive rules pertaining to the 
inspection and maintenance of chimneys, 
fireplaces, 
vents and 
solid fuel 
burning appliances 
upon 
the 
sale or 
transfer of 
property. 
The purpose of amending the current rule-making authority is 
specifically to address the current regulatory requirement that 
Level II 
chimney inspections 
be 
conducted upon 
the sale or 
transfer of real estate pursuant to National Fire Protection 
Association Code #211. 
The amendment gives the Commissioner of 
Public Safety the ability to tailor rules to the needs of the 
State. 
The amendment also adds a penalty provision that specifies 
that a person who violates a rule adopted pursuant to ,the Maine 
Revised 
Statutes, 
Title 
25, 
section 
2465 
commits 
a 
civil 
violation for which a fine of not less that $200 and not more 
than $500 may be adjudged. 
This penalty does not apply to a rule 
requiring an annual chimney inspection for a single-family home. 
FISCAL :\OTE HEQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/06 .?dac:.. 
LD 1825 
LR 2914(02) 
An Act to Facilitate Inspections of Heating Appliances and Chimneys 
Fiscal Note for Bill as Amended by Committee Amendment If" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new civil violation. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The additional costs associated with implementing this legislation can be absorbed by the Department of Public Safety 
utilizing existing budgeted resources. 
LR2914(2) - Fiscal Note - Page I of 1