An Act To License Home Building and Improvement Contractors
Maine Legislature, Session 123, LD 1038
Committee: Business, Research and Economic Development
Sponsors: HINCK, FLETCHER, PILON, BEAUDETTE, BRAUTIGAM, JACKSON, SAMSON, SMITH, BARTLETT, SCHNEIDER
Amends: 5 MRSA §12004-A

Legislative Document 
No. 1038 
H.P.756 
House of Representatives, March 6, 2007 
An Act To License Home Building and Improvement Contractors 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative HINCK of Portland. 
17/~ 
1J7.7I!tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: FLETCHER of Winslow, PILON of Saco and 
Representatives: BEAUDETTE of Biddeford, BRAUTIGAM of Falmouth, JACKSON of 
Allagash, SAMSON of Auburn, SMITH of Monmouth, Senators: BARTLETT of Cumberland, 
SCHNEIDER of Penobscot. 
Printed on rcqcled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-A, sub-§20-A is enacted to read: 
20-A. 
Maine Home Contractor 
Licensing Board 
Public Members 
Legislative Per Diem 
Other Members No 
Compensation 
Authorized 
Sec. 2. 32 MRSA c. 137 is enacted to read: 
CHAPTER 137 
MRSA § 15503 
MAINE HOME CONTRACTOR LICENSING ACT 
§17001. Short title 
This chapter may be known and cited as "the Maine Home Contractor Licensing 
Act." 
§17002. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Applicant. "Applicant" means a person who applies for a license under this 
chapter. 
2. Board. "Board" means the Maine Home Contractor Licensing Board as set out in 
this chapter. 
3. Chimney. "Chimney" means a structure designed to lift fumes from the 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. 
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7. Dwellin&:. "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. 
Dwellin&: 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. Employee. "Employee" has the same meaning as provided in Title 26, section 
591, subsection 1. 
10. Framin&:. "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 dwell ing 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 to 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 improvement. "Home improvement" means: 
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; and 
B. 
Framing, 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, is used for the 
purpose of reducing the rate of heat flow. 
15. Licensee. "Licensee" means a person who is issued a license to do business in 
this State under this chapter. 
16. Owner. "Owner" means any owner, lessee or person who orders, contracts for 
or purchases home contractor services or person entitled to enforce the performance of 
the work of a home contractor. 
17. Person. "Person" means any natural person, corporation, partnership or other 
business entity. 
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18. Roofine. "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. 
19. Sidine. "Siding" means the finished exterior covering of the outside walls of a 
frame dwelling. 
20. Window. "Window" includes a window sash; window frame and windowpane. 
§17003. Board; oreanization 
.. 
The Maine Home Contractor Licensing Board, as established in Title 5, section 
12004-A, subsection 20-A, administers the provisions of this chapter to protect the public 
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with respect to the practice of home contracting. All members must be appointed and the 
board shall first convene no later than September 1, 2008. 
1. 
Board membership. 
The board consists of 9 members, appointed by the 
Governor, as follows: 
A. Two public members; 
B. Four home contractors having at least 5 years of experience as a home contractor, 
appointed by the Governor. After the expiration of the initial term of these members, 
the members must be licensed home contractors; 
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 an ex officio nonvoting member; and 
E. 
One representative of the fire service in this State, who serves as an ex officio 
nonvoting member. 
2. Terms; removal. The term of office of each member 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. The fire service representative for 2 years; 
., 
B. One public member for 3 years; 
C. One public member for 4 years; 
D. One home contractor for 2 years; 
E. One home contractor for 3 years; 
F. One home contractor for 4 years; 
G. One home contractor for 5 years; 
H. The municipal code enforcement officer for 4 years; and 
I. The engineer or architect for 2 years. 
3. Meetines; quorum. The board shall meet at least once a year and at such other 
times as the board determines necessary. A majority of the members of the board 
constitutes a quorum for the transaction of business under this chapter. 
4. Election of officers. The board shall annually elect a chair and other officers as 
the board determines necessary. 
§17004. Rules 
The board shall establish guidelines and rules by which this chapter is administered. 
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 qualifications of an applicant for a license 
authorized under this chapter, as provided in section 17007, subsections 4 and 5; 
2. Standards of practice. To establish standards of practice consistent with the 
standards set forth in this chapter and the Maine Model Residential Building Code 
adopted in this chapter governing the practice of home construction or home 
improvement; 
3. Continuine education. Concerning requirements for continuing education to be 
completed by an applicant as a prerequisite to renewal of a home contractor's license; and 
4. Renewal. Concerning license renewal. Licenses expire annually on December 
1 st or on a date the commissioner determines. The board shall issue a renewal license 
upon receipt of the written request for renewal, the annual fee and evidence of 
satisfactory completion of the continuing education requirement pursuant to 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 
days after the license expiration date is subject to all requirements governing new 
applicants under this chapter. 
§17005. Fees 
The Director of the Office of Licensing and Registration within the department, 
Q!!rsuant to Title 10, section 8003, subsection 2-A, paragraph D, may establish by rule 
fees fo~ purposes authorized under this chapter in amounts that are reasonable and 
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necessary for their respective purposes, except that a fee may not exceed the following: 
1. General home contractor license. For a general home contractor license under 
section 17007, $350 annually; 
2. Specialty license. For a specialty license under section 17007, $150 annually; and 
3. Reeistration under section 17016. For registration pursuant to section 17016, 
$150 annually. 
Fees may be used by the Director of the Office of Licensing and Registration only for 
the purposes of this chapter. 
§17006. Duties; powers 
The board has the following duties and powers in addition to those otherwise set forth 
in this chapter. 
1. Consent ae;reements. 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 required fee unless the applicant has been afforded 
an opportunity for an adjudicatory hearing consistent with the board's rules. 
3. Hearine;s. 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 may revoke or suspend a license pursuant to Title 5, section 10004. 
4. 
Investie;ation. 
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 
chapter. 
5. 
License qualification. The board shall evaluate a person's qualifications for 
licensure under this chapter. 
§17007. Licensing; application 
1. License required. A person who acts as a home contractor must be licensed 
under this section. The board may grant the following licenses: 
A. General home contractor licenses; and 
B. Licenses specific to trades listed in section 17002, subsection 13, paragraph B. 
2. Applications. 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 required by rule of the board, 
together with the prescribed fee. 
3. Criminal history information. Pursuant to Title 5, chapter 341, an applicant 
under this section shall provide criminal history record information. 
4. Requirements for licensure as general home contractor. A person is qualified 
for a general home contractor license if the person: 
A. Has: 
(1) Completed a combination of 4 years of relevant experience and education, as 
determined by the board, within one year after the date the licensing provisions 
under this chapter become effective pursuant to section 17016; 
(2) Acknowledged, on a form provided by the board, an awareness of the board's 
adoption of a building code under section 17015; 
(3) Demonstrated, in a manner determined by the board, a familiarity with Title 
10, chapter 219-A; and 
(4) Completed any other requirements the board determines are necessary for 
licensure; or 
B. Has: 
(1) Completed a combination of 2 years of relevant experience and education, as 
determined by the board, within one year after the date the licensing provisions of 
this chapter become effective pursuant to section 17016; 
(2) Passed a general home contractor examination approved and adopted by the 
board that includes a test of proficiency in the building code under section 17015; 
(3) Demonstrated, in a manner determined by the board, a familiarity with Title 
10, chapter 219-A; and 
(4) Completed any other requirements the board determines are necessary for 
licensure. 
5. Requirements for licensure in speciallY. A person is qualified for a specialty 
license, including a license to remove, repair, replace and install framing, roofing, siding, 
insulation, windows or chimneys, as appropriate, if the person: 
A. 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 date the 
licensing provisions of this chapter become effective pursuant to section 17016; 
(2) Acknowledged, on a form provided by the board, an awareness of the State's 
adoption of a building code under section 17015; 
(3) Demonstrated, in a manner determined by the board, a familiarity with Title 
10, chapter 219-A; and 
(4) Completed any other requirements the board determines are necessary for 
licensure; or 
B. 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 date the 
licensing provisions of this chapter become effective pursuant to section 17016; 
(2) Passed an examination in the specialty approved and adopted by the board 
that includes a test of proficiency in those sections of the building code under 
section 17015 that relate to the specialty; 
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(3) Demonstrated, in a manner determined by the board, a familiarity with Title 
10, chapter 219-A; and 
(4) Completed any other requirements the board determines are necessary for 
licensure. 
§17008. Exemptions to licensing 
A license is not required under this chapter for a person who: 
1. Home contractor. Acts as a home contractor but who does not receive $3,000 or 
more from anyone owner in a calendar year; 
2. Labor; services. Performs labor or services for a home contractor licensed under 
this chapter; 
3. Trade; profession. Holds a license for a trade or profession and is acting within 
the scope ofthe trade or profession for which the person is licensed; 
4. Representative. Is an authorized representative of the United States Government, 
the State or any incomorated 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 applied technology program. 
Is a student enrolled in a certified 
applied technology program in which the student works under the direct supervision of a 
home contractor licensed under this chapter; 
7. Public utility. Is a public utility operating under the laws and rules of the Public 
Utilities Commission in construction, maintenance or development work incidental to the 
public utility's business; or 
8. Manufactured housine. Is licensed by the Manufactured Housing Board and 
performs home construction services in connection with the construction or installation of 
manufactured housing. 
§17009. License limitation 
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A license issued under this chapter may be issued to a person or a business entity. If 
the applicant is a comoration, partnership, limited liability C0T!!P~I!y_or other business 
entity, the entity must designate at least one qualifYing natural person who is a partner, 
member, officer, manager or employee and who meets the professional qualifications 
required of licensees. In the event 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. 
An entity may conduct business under a trade name if its license is issued under th~ 
trade name. The board may refuse to issue a license under a specific trade name if the 
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name is considered to be misleading, deceptive or likely to result in confusion with other 
existing businesses. 
§17010. Changes in circumstances 
A licensee shall report a change of address or name or other material change in the 
condition or qualifications set forth in the original license 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. 
§ 170 11. Denial of license 
The board may deny a license if an applicant: 
1. Fails to submit completed application. Fails to submit a completed application 
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within 30 days after being notified of the materials needed to complete the application; 
2. Fails to satisfy qualifications or standards. Fails to meet license qualifications 
or to satisfy standards of practice as adopted by the board pursuant to section 17004, 
subsections 1 and 2; 
3. Suspension 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 disqualification based on the applicant's 
criminal history record information pursuant to Title 5, chapter 341. 
§17012. Financial disclosures 
An applicant for licensure under this chapter must file with the board the following 
information: 
1. Nature of business. A complete statement of the general nature of the applicant's 
contracting business or the applicant's duties; 
2. Unsatisfied 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; 
and 
3. Bankruptcy. Any pending petition in bankruptcy or discharge in bankruptcy 
within 7 years from the date of application. 
§17013. Penalties; injunction 
Violations of licensing requirements under this chapter are governed by the 
provisions of Title 10, section 8003-C. 
§17014. Grounds for disciplinary action 
After a hearing pursuant to section 17006, 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 conviction of a crime 
described in Title 5, section 5301, subsection 2; 
2. 
Fraud or incompetence. 
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. Aidine and abettine. Aiding and abetting a person in conduct that constitutes a 
violation of this chapter; and 
5. Rule or law violation. Violating a rule adopted by the board or a provision of 
this chapter. 
§17015. Building code 
1. Code desienated; amendments; final adoption. On January 1, 2008, the board 
shall begin considering amendments to the 2003 edition of the International Residential 
Code for adoption. On July 15, 2008, the board shall adopt the 2003 edition of the 
International Residential Code with all amendments the board has determined to be in the 
best interests of the State, which may be known thereafter as "the Maine Model 
Residential Building Code." 
Other codes and standards referenced within the 2003 
edition of the International Residential Code may not be automatically adopted by the 
board by reference as part of the Maine Model Residential Building Code. The board 
may amend the Maine Model Residential Building Code annually thereafter, including by 
incorporation of a later version of the International Residential Code upon finding that the 
amendments are in the best interests of the State. 
2. 
Preemption. The energy efficiency standards adopted pursuant to Title 10, 
section 1415-C, the fire safety codes and standards adopted pursuant to Title 25, sections 
2452 and 2465, the electrical code adopted pursuant to section 1 153-A, the oil and solid 
fuel equipment standards adopted pursuant to section 2313, the plumbing code adopted 
pursuant to section 3403-B, the propane and natural gas equipment standards adopted 
pursuant to section 14805, the boiler and pressure vessel standards adopted pursuant to 
section 15104-A and the elevator standards adopted pursuant to section 15228 preempt 
the chapters of the Maine Model Residential Building Code that cover the same aspects 
of dwelling construction or improvement. 
A residential building code adopted by a town, city or municipality prior to the date on 
which this chapter takes effect is not preempted by this section. 
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3. Limitation on code adoption. A town, city or municipality may not adopt a 
residential building code after the date on which this chapter becomes effective other than 
the Maine Model Residential Building Code or the 2003 edition of the International 
Residential Code plus any local amendments that a town, city or municipality has made 
to the code. 
4. Notification of code adoption. A town, city or municipality shall notify the 
board, on a form provided by the board, of its adoption of the Maine Model Residential 
Building Code or the 2003 edition of the International Residential Code plus any local 
amendments that a town, city or municipality has made to the code within 30 days of its 
adoption. 
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§17016. Licensing effective; prior registration 
I. Licensing effective. The provisions of this chapter requiring licensure become 
effective one year after the registration date, which is the first day of January of the year 
following the year in which: 
A. 
The total number of the following towns, cities and municipalities that have 
adopted the 2003 edition of the International Residential Code or the Maine Model 
Residential Building Code reaches 56: Acton; Alfred; Arundel; Ashland; Auburn; 
Augusta; Bar 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; Waterville; Wells; Westbrook; 
Windham; Winslow; and Yarmouth; and 
B. The total popUlation, as determined by the 2000 Federal Decennial Census, of the 
towns, cities and municipalities listed in paragraph A that have adopted the 2003 
edition of the International Residential Code or the Maine Model Residential 
Building Code is no less than 75% of the total population, as determined by the 2000 
Federal Decennial Census, of the towns, cities and municipalities listed in paragraph 
A. 
The legislative body of a town, city or municipality shall notify the commissioner when 
that town, city or municipality has adopted the 2003 edition of the International 
Residential Code or the Maine Model Residential Building Code. Once the total number 
of towns, cities and municipalities that have adopted the 2003 edition of the International 
Residential Code or the Maine Model Residential Building Code reaches 56, the 
commissioner shall immediately notify the Office of the Revisor of Statutes. 
2. Fee. The fee for registration pursuant to this section is $150 annually. 
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3. Prior re2istration. 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, in a manner that the commissioner shall determine. 
Beginning on the 
registration date as determined in accordance with subsection 1, the commissioner shall 
begin registering these persons and collecting a registration fee in accordance with 
section 17005. Beginning one year after the registration date, a person may not practice 
as a home contractor unless that person has applied to be registered pursuant to this 
chapter. 
Violations of registration requirements under this section are governed by the provisions 
of Title 10, section 8003-C. This subsection is repealed upon the provisions of this 
chapter requiring licensure becoming effective pursuant to subsection 1. 
SUMMARY 
This bill creates the Maine Home Contractor Licensing Act. The bill contains the 
following provisions: requirements for licensure of general contractors and persons who 
perform framing, roofing, siding, insulating, window work or chimney work, if the work 
concerns residential dwellings; certain specific exemptions from licensure; required 
qualifications for general and specialty licenses; requirements for criminal and financial 
disclosures; creation and authority of the Maine Home Contractor Licensing Board; fees 
for licensing; adoption of a model building code; and a mechanism for phasing in a 
registration program, followed by a licensing program, upon adoption of the model 
building code by 56 of a list of 83 specified municipalities. 
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