An Act To Permit the Use ofa Common Flue for Oil and Solid Fuel Burning Equipment
Maine Legislature, Session 124, LD 0053
Committee Amendment CA_B_H174 (House)
Amends: 25 MRSA §2465, 32 MRSA §2402-A

COMMITTEE AMENDMENT "6,, to H.P. 46, L.D. 53, Bill, "An Act To Permit 
the Use ofa Common Flue for Oil and Solid Fuel Burning Equipment" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. '25 MRSA §2465, sub-§l-A, as enacted by PL 2005, c. 571, § 1, is 
amended to read: 
1-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 1-B. Rules adopted pursuant to this subsection may not prohibit 
the continued use of an existing connection of a solid fuel burning appliance to a chimney 
flue to which another appliance burning oil or solid fuel is connected for any chimney 
existing and in use prior to February 2, 1998 as long as sufficient draft is available for 
each appliance and the chimney is lined and structurally intact. Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec.2. 32 MRSA §2402-A, as enacted by PL 1999, c. 386, Pt. J, §16, is amended 
to read: 
§2402-A. Rules 
The board may adopt reasonable rules for the issuance of various types and classes of 
licenses to cover oil and solid fuel burner installations and to set forth standards and rules 
for product approval. 
Rules adopted pursuant to this section may not prohibit the 
continued use of an existing connection of a solid fuel burning appliance to a chimney 
flue to which another appliance buming oil or solid fuel is connected for any chimney 
existing and in use prior to February 2, 1998 as long as sufficient draft is available for 
each appliance and the chimney is lined and structurally intact. A license may cover one 
COMMITTEE AMENDMENT 
~.ce. 
COMMITIEE AMENDMENT:13" to H.P. 46, L.D. 53 
or more types of installations. The board may further adopt reasonable rules concerning 
the term and type of experience required by candidates for examination.' 
SU~y 
This amendment, which is the minority report of the committee, replaces the bill. It 
requires the Commissioner of Public Safety and the Oil and Solid Fuel Board to adopt 
rules that allow the continued use of an existing connection of a solid fuel burning 
appliance to a chimney flue to which another appliance burning oil or solid fuel is 
connected for any chimney existing and in use prior to February 2, 1998 as long as 
sufficient draft is available for each appliance and the chimney is lined and structurally 
intact. This amendment would require the Commissioner of Public Safety and the Oil 
and Solid Fuel Board to include language from the rule that went into effect February 2, 
1998 and repeal language from the new rule that went into effect February 3, 2008. 
FISCAL :\OTE REQUlREI.r 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/22/09 frac:.. 
LD53 
LR 198(03) 
An Act To Permit the Use of a Common Flue for Oil and Solid Fuel Burning Equipment 
Fiscal Note for Bill as Amended by Committee Amendment~' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Oil and Solid Fuel Board within the Office of Licensing and Registration, Department of 
Professional and Financial Regulation, and the Office of the Fire Marshall, Department of Public Safety, associated 
with rulemaking can be absorbed within existing budgeted resources. 
LR0198(03) - Fiscal Note - Page 1 of 1