An Act To Require Licensing for Certain Mechanic'al Trades
Maine Legislature, Session 123, LD 1278
Committee: Business, Research and Economic Development
Sponsors: CLARK, JACKSON, PATRICK, TUTTLE
Amends: 32 MRSA §15331

MAINE STATE LEGISLATURE 
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123rd MAINE LEGISI.iATURE 
Legislative Document 
No. 1278 
H.P.906 
House of Representatives, March 8,2007 
An Act To Require Licensing for Certain Mechanic'al Trades 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative CLARK of Millinocket. 
/Jl~ 
117· 77!t!£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: JACKSON of Allagash, PATRICK of Rumford, TUTTLE of 
Sanford . 
Printt!J nil ft=l:ydeJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §l2004-A, sub-§48 is enacted to read: 
48. 
Mechanical Trades Board 
Expenses Only 
MRSA §15331 
Sec. 2. 32 MRSA c. 20, as amended, is repealed. 
Sec. 3. 32 MRSA c. 134 is enacted to read: 
CHAPTER 134 
MECHANICAL TRADES 
SUBCHAPTERl 
GENERAL PROVISIONS 
§15321. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Board. "Board" means the Mechanical Trades Board. 
2. Department. "Department" means the Depal1ment of Professional and Financial 
Regulation. 
3. Fire protection sprinkler system. "Fire protection sprinkler system" means an 
assembly of overhead piping or conduits that conveys water with or without other agents 
to dispersal openings or devices to extinguish, control or contain fire and to provide 
protection from exposure to fire or the products of combustion, planned in accordance 
with a national or state standard. 
4. Installation. "Installation" means the initial placement of a system or part of a 
system or the extension, modification or alteration of a system or part of a system after 
the initial placement. 
5. 
Journeyman pipefitter. 
"Journeyman pipefitter" means a person who, in 
accordance with this chapter: 
A. Has completed a 5-year apprentice program or has passed a journeyman pipefitter 
examination; and 
B. Without supervision, performs the work of pipefitting. 
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6. Journeyman refrigeration technician. "Journeyman refrigeration technician" 
means a person who, in accordance with this chapter: 
A. 
Has completed a 5-year apprentice program or has passed a journeyman 
refrigeration technician examination; and 
B. 
Without supervision, performs the work of refrigeration and air conditioning 
system installation and repair. 
7. Journeyman sheet metal worker. "Journeyman sheet metal worker" means a 
person who, in accordance with this chapter: 
A. Has completed a 4-year apprentice program or has passed a journeyman sheet 
metal worker examination; and 
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B. Without supervision, performs sheet metal work. 
8. Journeyman sprinkler fitter. "Journeyman sprinkl(~r fitter" means a person who, 
in accordance with this chapter: 
A. Has completed a 5-year apprentice program or has passed a journeyman sprinkler 
fitter examination; and 
B. 
Without supervision, performs fire protection sprinkler system installation and 
repair. 
9. Master fire protection sprinkler contractor. "Master fire protection sprinkler 
contractor" means a person who, in accordance with this chapter: 
A. Has a regular place of business; and 
B. 
Without supervision, performs fire protection sprinkler system installation and 
repair. 
10. 
Master mechanical contractor. 
"Master mechanical contractor" means a 
person who, in accordance with this chapter: 
A. Has worked as a contractor; 
B. Has been a journeyman pipefitter for at least I 0 year~ 
C. Has been a master refrigeration contractor for at least 10 years; and 
D. Is designated as a master mechanical contractor pursuant to this chapter. 
11. Master refrigeration contractor. "Master refrigeration contractor" means a 
person who, in accordance with this chapter: 
A. Has a regular place of business; and 
B. Without supervision, performs refrigeration and air conditioning installation and 
repair. 
12. Master sheet metal contractor. 
"Master sheet metal contractor" means a 
person who, in accordance with this chapter: 
A. Has a regular place of business; and 
B. Without supervision, performs sheet metal work. 
13. 
Pipefitter apprentice. 
"Pipefitter apprentice" means a person who, In 
accordance with this chapter: 
A. Is at least 18 years of age; and 
B. Under the direct supervision of a journeyman pipefitter under a registered state-
sanctioned apprentice program, is learning or working in the business of pipefitting. 
14. Pipefitting. "Pipefitting" means the supervision, fabrication, installation and 
maintenance of pipefitting installations of every description and character. 
15. 
Refrigeration and air conditioning apprentice. 
"Refrigeration and air 
conditioning apprentice" means a person who, in accordance with this chapter: 
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A. Is at least 18 years of age; and 
B. Under the direct supervision of a master refrigeration contractor or a journeyman 
refrigeration technician under a registered state-sanctioned apprentice program, is 
learning or working in the business of refrigeration and air conditioning system 
installation and repair. 
16. 
Refrigeration and air conditioning system installation and repair. 
"Refrigeration and air conditioning system installation and repair" means the installation, 
maintenance and repair of heating, ventilation, air conditioning and refrigeration systems. 
17. Sheet metal work. "Sheet metal work" means the fabrication, installation and 
maintenance of all types of sheet metal applications, including, but not limited to: 
A. Heating, air conditioning and ventilation systems; 
B. Gutters, roofing and siding; 
C. Food service equipment; and 
D. Architectural and ornamental work. 
18. Sheet metal worker apprentice. "Sheet metal worker apprentice" means a 
person who, in accordance with this chapter: 
A. Is at least 18 years of age; and 
B. 
Is learning or working in the business of sheet metal work under the direct 
supervision of a master sheet metal contractor or journeyman sheet metal worker 
under a registered state-sanctioned apprentice program. 
19. Sprinkler fitter apprentice. "Sprinkler fitter apprentice" means a person who, 
in accordance with this chapter: 
A. Is at least 18 years of age; and 
B. Under the direct supervision of a master fire protection sprinkler contractor or 
journeyman sprinkler fitter under a registered state-sanctioned apprentice program, is 
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learning or working in the business of fire protection sprinkler system installation and 
repair. 
§15322. Applicability 
1. License required. Except as proyided in section 15323, a license under this 
chapter is required for any person, corporation, partnership or other entity that is engaged. 
In: 
A. The performance of sheet metal work; 
B. 
The performance of refrigeration and air conditioning system installation and 
repair; 
C. The performance of pipefirting; and 
D. The performance of fire protection sprinkler system installation and repair. 
§15323. Exceptions 
1. Maintenance personnel. This chapter does not apply to: 
A. Persons classified as maintenance personnel regularly in the employ of a hospital 
or school or in the employ of a public utility company doing utility company work; or 
B. 
An employee of a city, a town or the State who is regularly employed as a 
maintenance person on the premises of the employer. 
2. 
Owner of single-family dwelling. 
The owner of a single-family domestic 
dwelling who intends to occupy the premises may, after approval by local municipal 
officials and upon receipt of a permit, perform pipefirting, refrigeration and air 
conditioning system installation and repair, sheet metal work or fire protection sprinkler 
system installation and repair in the State without being licensed pursuant to this chapter. 
Work performed pursuant to this subsection must conform to the best installation 
practices of the trade. 
§15324. Penalties; injunction 
1. Penalties. A person who engages in or works in sheet metal work, refrigeration 
and air conditioning system installation and repair, pipefirting or fire protection sprinkler 
~~!em installation and repair without first obtaining a license as required by this chapter, 
or after the license issued under this chapter has expired or has been suspended or 
revoked or tempoI:,arily suspended or revoked, is guilty of a Class E crime. 
2. Injunction. The Stale may bring an action in Superior Court to enjoin any person 
from---yjolating this chapter, regardless of whether proceedings have been or may be 
institutc~ in the District Court or whether criminal proceedings have been or may be 
instituted. 
SUBCHAPTER 2 
MECHANICAL TRADES BOARD 
§15331. Membership 
3. 
The Mechanical Trades Board, established by Title 5, section 12004-A, subsection 
~8, consists of the following 11 members, notwithstanding Title 5, section 12015: 
1. 
Master refrigeration contractor. 
One member who has been a master 
refrigeration contractor for at least 5 years, appointed by the Governor; 
2. Journeyman pipefitters. Two members who have been employed as journeyman 
pipefitters for at least 5 years, appointed by the Governor; 
3. Journeyman refrigeration technician. One member who has been employed as 
a journeyman refrigeration technician for at least 5 years, appointed by the Governor; 
4. Master fire protection sprinkler contractor. One member who has been a 
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master fire protection sprinkler contractor for at least 5 years, appointed by the Governor; 
5. 
Journeyman sprinkler fitter. 
One member who has been employed as a 
journeyman sprinkler fitter for at least 5 years, appointed by the Governor; 
6. State Fire Marshal. The State Fire Marshal or the fire marshal's designee; 
7. 
Master mechanical contractors. 
Two members who have been master 
mechanical contractors for at least 5 years, appointed from a list submitted by a statewide 
association of pipefitting contractors, appointed by the Governor; 
8. Master sheet metal contractor. One member who has been a master sheet metal 
contractor for at least 5 years, appointed by the Governor; and 
9. Journeyman sheet metal worker. One member who has been emploved as a 
journeyman sheet metal worker for at least 5 years, appointed by the Governor. 
§15332. Terms; vacancies; chair; quorum 
1. Terms. A member of the board is appointed for a term of 3 years. 
2. Vacancies. The Governor shall fill a vacancy in the board by appointment of a 
person of the same category as the board member being replaced to hold office for the 
unexpired term. 
3. Chair. The board shall elect a chair every' 3 years from its membership. 
4. Quorum. Six members of the board constitute a quorum for the transaction of 
business. 
§15333. Powers and duties 
1. Administration. The board shall administer, coordinate and enforce this chapter. 
2. Rules. The board may, in accordance with Title 5, chapter 375, subchapter 2, 
adopt rules necessary to implement this chapter. These rules may include, but are not 
limited to, rules concerning licensing requirements, examinations and reciprocity of 
licensing with similar boards of other states that maintain standards equivalent to this 
State's. Rules adopted pursuant to this subsection are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
3. Hearings. 
The board may conduct hearings to assist with investigations to 
determine whether grounds exist for suspension, revocation or denial of a license or as 
otherwise necessary to fulfill its responsibilities under this chapter. 
4. Refusal to renew license; grounds. 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 required fee if the request for hearing is received by the 
board within 30 days of the applicant's receipt of written notice of the denial of the 
application, the reasons for the denial and the right to request 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. 
5. Contracts. The board may enter into contracts to carry out its responsibilities 
under this chapter. 
§ 15334. Investigation of complaints; revocation of license 
1. 
Investigation. 
The board shall investigate or cause to be investigated all 
complaints made to it and all cases of noncompliance with or violation of this chapter. 
2. 
Suspension; revocation. 
The board may suspend or revoke a license in 
accordance with Title 5, chapter 375, subchapter 5. The board may refuse to issue or 
renew a license or the District Court may suspend, revoke or refuse to renew the license 
of any licensee for: 
A. The practice of any fraud or deceit in obtaining a licer~ 
B. Any gross negligence, incompetence or misconduct in the performance of the 
work for which the license is held; 
C. Any violation of this chapter or any rule adopted by the board; or 
D. 
Subject to the limitations of Title 5, chapter 341, conviction of a crime that 
involves dishonesty or false statement or that relates directly to the practice of the 
work for which the license is held or conviction of any crime for which incarceration 
for one year or more may be imposed. 
3. Reissuance of revoked license. The board, for reasons it determines sufficient, 
may reissue a license to any person whose license has been revoked. 
SUBCHAPTER 3 
INSPECTION 
§15341. Inspection; right of entry 
1. 
Right of entry. 
The board, upon proper identification, may enter at any 
reasonable hour any building, structure or premises where work that is governed by this 
chapter is being performed to ascertain compliance with this chapter and any rules 
adopted pursuant to this chapter. 
2. Display of license. A person holding a license issued under this chapter shall 
display that license at the request of an authorized representative of the board. 
3. Obstruct access. If a person obstructs entry or access to any part of a building, 
structure or premises by an authorized representative of the board, the board may: 
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A. Seek a search warrant authorizing entry and inspection; 
B. Revoke or suspend any license authorized pursuant to this chapter; and 
C. Seek any other remedy as provided by this chapter. 
SUBCHAPTER 4 
LICENSES 
§15351. Issuance of licenses 
1. Application; qualifications. The board may issue a license to any person who 
files a sworn application, who passes an examination approved by the board and who 
meets the qualifications regarding skill, expertise, education, experience and training set 
forth in this section and in rules adopted by the board. 
2. 
Journeyman refrigeration technician license. 
The board may issue a 
journeyman refrigeration technician license to a person who submits an application on a 
form prescribed by the board with the required fee as set under section 15353 and who 
provides satisfactory evidence of the following qualifications: 
A. A minimum of 5 years of work in the field of refrigeration and air conditioning 
system installation and repair as a refrigeration and air conditioning apprentice under 
the supervision of a master refrigeration contractor, or the equivalent thereof, and 
obtaining a passing grade as determined by the board on the journeyman refrigeration 
technician examination; or 
B. A minimum of 3 years of work in the field of refrigeration and air conditioning 
system installation and repair as a refrigeration and air conditioning apprentice under 
the supervision of a master refrigeration contractor, or the equivalent thereof, and 
satisfactory completion of at least one academic year of instruction in refrigeration 
and air conditioning system installation and repair at a board-approved technical 
college or community college and obtaining a passing grade as determined by the 
board on the journeyman refrigeration technician examination. 
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3. 
Master refrigeration contractor license. 
The board may issue a master 
refrigeration contractor license to a person who submits an application on a form 
prescribed by the board with the required fee as set under section 15353 and who 
provides satisfactory evidence of: 
A. Possessing the education, experience and training set forth in rules adopted by the 
board; and 
B. Obtaining a passing grade as determined by the board on the master refrigeration 
contractor examination. 
4. Refrigeration and air conditioning apprentice license. The board may issue a 
refrigeration and air conditioning apprentice license to a person who provides satisfactory 
evidence of completion of a course in refrigeration and air conditioning system 
installation and repair consisting of one year or 2 semesters at a board-approved technical 
college or community colJege and who submits the required fee as set under section 
15353. 
5. Journeyman pipefitter license. The board may issue a journeyman pipefitter 
license to a person who submits an application on a form prescribed by the board with the 
required fee as set under section 15353 and who provides satisfactory evidence of the 
following qualifications: 
A. A minimum of 5 years of work in the field of pipefitting as a pipefitter apprentice 
and obtaining a passing grade as determined by the board on the journeyman 
pipefitter examination; or 
B. A minimum of 3 years of work in the field of pipefitting as a pipefitter apprentice 
and satisfactory completion of at least one academic year of instruction in pipefitting 
at a board-approved technical college or community college and obtaining a passing 
grade as determined by the board on the journeyman pipefitter examination. 
6. Pipefitter apprentice license. The board may issue a pipefitter apprentice license 
to a person who provides satisfactorv evidence of completion of a course in pipefitting 
consisting of one year or 2 semesters at a board-approved technical college or community 
college and who submits the required fee as set under section 15353. 
7. Journeyman sheet metal worker license. The board may issue a journeyman 
sheet metal worker license to a person who submits an application on a form prescribed 
by the board with the required fee as set under section 15353 and who provides 
satisfactory evidence ofthe following qualifications: 
A. A minimum of 5 years of work in the field of sheet metal work as a sheet metal 
worker apprentice under the supervision of a master sheet metal worker contractor, or 
the equivalent thereof, and obtaining a passing grade as determined by the board on 
the journeyman sheet metal worker examination; or 
B. A minimum of 3 years of work in the field of sheet metal work as a sheet metal 
worker apprentice under the supervision of a master sheet metal contractor, or the 
equivalent thereof, and satisfactory completion of at least one academic year of 
instruction in sheet metal work at a board-approved technical college or community 
college and obtaining a passing grade as determined by the board on the journeyman 
sheet metal worker examination. 
8. Master sheet metal contractor license. The board may issue a master sheet 
metal contractor license to a person who submits an application on a form prescribed by 
the board with the required fee as set under section 15353 and who provides satisfactory 
evidence of: 
A. Possessing the education, experience and training set forth in rules adopted by the 
board; and 
B. Obtaining a passing grade as determined by the board on the master sheet metal 
contractor examination. 
9. Sheet metal worker apprentice license. The board may issue a sheet metal 
worker apprentice license to a person who provides satisfactory evidence of completion 
of a course in sheet metal work consisting of one year or 2 semesters at a board-approved 
technical college or community college and who submits the required fee as set under 
section 15353. 
10. Journeyman sprinkler fitter license. 
The board ma\, issue a journeyman 
sprinkler fitter license to a person who submits an application on a form prescribed by the 
board with the required fee as set under section 15353 and who provides satisfactory 
evidence of the following qualifications: 
A. A minimum of 5 years of work in the field of fire protection sprinkler system 
work as a sprinkler fitter apprentice under the supervision of a master fire protection 
sprinkler contractor, or the equivalent thereof, and obtaining a passing grade as 
determined bv the board on the journeyman sprinkler fitter examination; or 
B. A minimum of 3 years of work in the field of fire protection sprinkler system 
work as a sprinkler fitter apprentice under the supervision of a master fire protection 
sprinkler contractor, or the equivalent thereof, and satisfactory completion of at least 
one academic year of instruction in fire protection sprinkler system work at a board-
approved technical college or community college and obtaining a passing grade as 
determined by the board on the journeyman sprinkler fitter examination. 
11. Master fire protection sprinkler contractor license. The board may issue a 
master fire protection sprinkler contractor license to a person who submits an application 
on a form prescribed by the board with the required fee as set under section 15353 and 
who provides satisfactory evidence of: 
A. Possessing the education, experience and training set forth in rules adopted by the 
board; and 
B. 
Obtaining a passing grade as determined by the board on the master fire 
protection sprinkler contractor examination. 
12. Sprinkler fitter apprentice license. The board may issue a sprinkler fitter 
apprentice license to a person who provides satisfactory evidence of completion of a 
course in fire protection sprinkler system work consisting of one year or 2 semesters at a 
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board-approved technical college or community college and who submits the required fee 
as set under section 15353. 
13. 
Master mechanical contractor license. 
The board may issue a master 
mechanical contractor license to a person who submits an application on a form 
prescribed by the board with the required fee as set under section 15353 and who 
provides satisfactory evidence of the following qualifications: 
A. A minimum of 10 years as a journeyman pipefitter; and 
B. A minimum of 10 years as a master refrigeration contractor. 
§15352. Display of license certificate 
A person licensed by the board shall display that person's license certificate at the 
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principal place of business of the licensee. 
§15353. Fees 
The Director of the Office of Licensing and Registration within the department may 
establish by rule fees authorized under this chapter in amounts that are reasonable and 
necessary for their respective purposes, except that the fee for anyone purpose may not 
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exceed $200 biennially. Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
§15354. Renewal 
1. Expiration. 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. 
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2. Notification. The board shall notify a person holding a license under this chapter 
of the date of expiration of the person's license and the 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. 
3. Late renewal. A license may be renewed up to 90 days after the date of its 
expiration upon payment_of a late fee in addition to the renewal fee. Any person who 
submits an application for renewal more than 90 days after the license expiration date is 
subject to all requirements governing ne\v applications under this chapter, except that the 
board may in its discretion. giving due consideration to the protection of the public, waive 
examination or other requirements. The board may assess penalties for a late renewal that 
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is received more than 90 days after the date of expiration. 
4. Waiver of examination. Notwithstanding subsection 3, the board shall waive 
examination if a renewal application is made within 90 days after separation from the 
United States Armed Forces, under conditions other than dishonorable, by a person who 
has failed to renew the person's license because the person was on active duty in the 
United States Armed Forces; the waiver of examination may not be granted if the person 
served more than 4 years in the United States Armed Forces unless the person was 
required bv some mandatory provision to serve a longer period and the person submits 
satisfactory evidence to the board. 
§15355. Reciprocity 
The board shall issue a license to any person who files a sworn aPRlication and who 
is licensed under the laws of another state or territory of the United States as long as that 
state or territory has licensing standards and experience requirements at least equivalent 
to this State's and as long as that state or territory grants similar privileges to Rersons 
licensed under this chapter. Reciprocal licenses mav not be denied on the basis of current 
residency. 
Sec. 4. Application. Upon proper application and payment of the fees required in 
the Maine Revised Statutes, Title 32, chapter 134, the Mechanical Trades Board shall 
issue a license under that chapter, without examination, to any person who, on the 
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effective date of this Act, has completed an apprentice program in or has been 
compensated for a minimum of 2,000 hours of employment in the business of performing 
sheet metal work, refrigeration and air conditioning system installation and repair, 
pipefitting or fire protection sprinkler system installation and repair. 
Sec. 5. Members of Mechanical Trades Board. Notwithstanding the Maine 
Revised Statutes, Title 32, section 15331, until September 1,2011, members appointed to 
the Mechanical Trades Board by the Governor must have a minimum of 10 years of 
experience in their respective mechanical trades but need not be licensed under this Act. 
Sec. 6. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 32, 
section 15332, subsection 1, for the original appointments of members of the Mechanical 
Trades Board, the Governor shall designate 3 members for ont!-year terms, 3 members for 
2-year terms and 4 members for 3-yt!ar terms. 
SUMMARY 
This bill requires licensure of persons that perform sheet metal work, refrigeration 
and air conditioning system installation and repair, pipefitting and fire protection 
sprinkler system installation and repair. 
The bill grandfathers persons that have completed apprentice programs or have been 
compensated for a minimum of 2,000 hours in the business of performing sheet metal 
work, refrigeration and air conditioning system installation and repair, pipefitting or fire 
protection sprinkler system installation and repair. 
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