An Act To Amend the Oil and Solid Fuel Board and Propane and Natural Gas Board Licensing Laws
Maine Legislature, Session 123, LD 1791
Committee: Business, Research and Economic Development
Sponsors: BENOIT, BEAUDETTE, COURTNEY, SCHNEIDER, BEAULIEU, PRESCOTT, SILSBY, SMITH
Amends: 32 MRSA §2401-A, 32 MRSA §14807

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
'123rd MAINE LEGISLATURE 
Legislative Document 
No. 1791 
S.P.635 
March 29,2007 
An Act To Amend the Oil and Solid Fuel Board and Propane and 
Natural Gas Board Licensing Laws 
(EMERGENCY) 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator BENOIT of Sagadahoc. (GOVERNOR'S BILL) 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative BEAUDETTE of Biddeford and Senators: COURTNEY of 
York, SCHNEIDER of Penobscot, Representatives: BEAULIEU of Auburn, MacDONALD of 
Boothbay, PRESCOTT of Topsham, SILSBY of Augusta, SMITH of Monmouth. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the need to weatherize Maine's existing housing inventory is critical to the 
health, safety and welfare of the citizens ofthe State; and 
Whereas, the weatherization of existing homes across the State will require 
qualified individuals to perform energy efficiency and combustion testing on weatherized 
homes for safety reasons; and 
Whereas, Maine law currently limits combustion testing of oil-fired and gas-fired 
heating appliances to individuals who are licensed as oil burner technicians or natural gas 
and propane technicians, therefore limiting the number of individuals permitted to 
perform combustion testing in connection with residential weatherization; and 
Whereas, it is necessary to increase the number of individuals permitted to perform 
combustion testing on weatherized homes; 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. 1. 32 MRS A §2401-A, sub-§6, as amended by PL 1999, c. 386, Pt. J, §13, is 
further amended to read: 
6. Personal abode. Nothisg is this ehapter pre'lests a A person frem making an oil 
or solid fuel burner installation in a single family residence occupied or to be occupied by 
that person as that person's bona fide personal abode, provided that the installation 
conforms with board laws and rules~; and 
Sec. 2. 32 MRSA §2401-A, sub-§7 is enacted to read: 
7. Combustion testing. A person performing combustion testing as defined by the 
board in rule authorized by section 2353. 
Rules adopted by the board under this 
subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
This subsection does not limit the authority of a licensed oil burner technician to perform 
combustion testing on oil burning equipment. 
Sec. 3. 32 MRSA §14807, sub-§7, as repealed and replaced by PL 1999, c. 790, 
Pt. B, §5, is amended to read: 
7. Exceptions. The licensing provisions of this section do not apply to: 
A. 
A highway transport driver who delivers propane to bulk plants or industrial 
customers; 
B. 
An individual user of a self-service propane or natural gas dispenser as defined 
by section 14802, subsection 10; 
C. 
Regular employees of industrial plants installing and servicing propane or 
natural gas-fired equipment of greater than 10,000,000 BTUs per hour input; ef 
D. 
Persons working on internal combustion engines and associated gas trains~,;..QI 
E. Persons performing combustion testing as defined by the board in rule authorized 
by section 14804. Rules adopted by the board under this paragraph are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. This paragraph does 
not limit the authority of a licensed propane or natural gas technician to perform 
combustion testing on propane and natural gas appliances. 
Sec. 4. 
Implementation provision. The Oil and Solid Fuel Board and the 
Propane and Natural Gas Board shall each engage in emergency rulemaking pursuant to 
the Maine Administrative Procedure Act and each shall adopt final rules implementing 
this Act within 90 days after the effective date of this Act. 
Emergency clause. 
In view of the emergency cited III the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill creates an exemption from licensing requirements in the laws governing the 
Oil and Solid Fuel Board and the Propane and Natural Gas Board for individuals who 
perform combustion testing on oil burning equipment and propane and natural gas 
appliances. 
Each licensing board is required to engage in emergency rulemaking 
regarding combustion testing that an unlicensed individual may perform without a 
license. Each board's emergency rules are to be adopted under the provisions of the 
Maine Administrative Procedure Act within 90 days of the effective date of this Act.