An Act To Require Licensing for Certain Mechanical Trades
Maine Legislature, Session 124, LD 1241
Committee: Business, Research and Economic Development
Sponsors: WRIGHT, BOLDUC, EVES, HUNT, MARTIN, TUTTLE

FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 1241 
H.P. 
House of Representatives, March 30, 2009 
An Act To Require Licensing for Certain Mechanical Trades 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordere"d printed. . 
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Presented by Representative WRIGHT of Berwick. 
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1J1.1ll1!£~1w]/f~l 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BOLDUC of Auburn, EVES of North Berwick, HUNT of 
Buxton? MacDONALD of Boothbay, MARTIN of Orono, TUTTLE of Sanford. 
Printeu an n:cych.·t1 p<lpL'r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MR.SA §12004-A, sub-§49 is enacted to read: 
49. 
Mechanical Trades Board 
Sec. 2. 32 MRSA c. 20 is repealed. 
Expenses Only 
Sec. 3. 32 MRSA c. 134 is enacted to read: 
. CHAPTER 134 
MECHANICAL TRADES 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§15321. Definitions 
MRSA § 15331 
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 Department of Professional and Financial 
Regulation. 
3. Fire protection sprinlder system. "Fire protectionsprinlder system" means an 
assembly of overhead piping or conduits that conveys water with or without other agents 
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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, 111 
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. 
6. Journeyman refrigeration technician. "Journeyman refrigeration technician"· 
means a person who, in accordance with this chapter: 
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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. 
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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 sprinkler fitter" means a person who, 
in accordance with this chapter: 
. 
A. Has completed a 5-year apprentice program that is registered and recognized by 
the United States Department of Labor and has passed a journeyman sprinkler· fitter 
examination; and 
B. Without supervision, performs fire protection sprinkler system installation, repair 
and testing. 
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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, repair 
and testing. 
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 10 years; 
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, m 
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-
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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: 
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 worl{er 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 inaster 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, 
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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 that is an employee of a master fire sprinkler contractor 
and is enrolled in a fire sprinkler apprentice program that is registered and recognized 
by the United States Department of Labor and is learning or working in the business 
of fire protection sprinkler system installation and repair. 
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§15322. Applicability 
1. License required. Except as provided in section 15323, a license under this 
~hapter is required for any person, corporation', partnership or other entity that is engaged 
m: 
A. The performance of sheet metal work; 
B. 
The performance of refrigeration and air conditioning system installation and 
,repair; 
C. The performance of pipe fitting; and· 
D. 
The performance of fire protection sprinkler system' installation, repair and 
' testing. ' . 
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§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. 
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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 pipefitting, refrigeration and air 
conditioning system installatiOll 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 niust 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, pipe fitting or fire protection sprinkler 
system 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 01'-
revoked or temporarily suspended or revoked, is guiltY of a Class E criI~e. 
2. Injunction. The State may bring an action in Superior COllli to enjoin any person 
from violating this chapter, regardless of whether proceedings have been or may be 
instituted in the District Couli or whether criminal' proceedings have been or may be 
instituted, 
SUBCHAPTER 2 
MECHANICAL TRADES BOARD 
§15331. Membership 
The Mechanical Trades Board, established by Title 5, section 12004-A, subsection 
49, consists of the following II members, notwithstanding Title 5, section 120 IS: 
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 
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pipefitters for at least 5 years, appoirited by the Governor; 
3. Journeyman refrigeration technician. One member who has been employed as 
a jourrieyman refrigeration technician for at least 5 years, appointed by the Governor; 
4. Master fire protection sprinlder contractor. One member who has been a 
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master fire protection sprinkler contractor for at least 5years, appointed by the Governor; 
5. 
Journeyman sprinlder fitter. 
One member who has been employed as a 
journeyman sprinkler fitter for· at least 5 years, appointed by the Governor; 
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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; 
.. 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 worl{er. One member who has been enlployed as a 
jOllrneyman 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 of3 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 fi'om 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 necessalY to iml?lement this chapter. These rules may include, but are not 
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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 deniaJ of a license or as 
otherwise necessalY to fulfill its respon~ibilities 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 0ppOliunity 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 ifthe 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. 
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§15334. Investigation of complaints; revocation of license 
t'. 
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. 
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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 license; 
B. Any gross negligence, incompetence or misconduct in the perfonnance 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 revol{ed license. The board, for reasons it determines sufficient, 
may reissue a license to any person whose license has been revoked. 
SUBCHAPTER 3 
INSPECTION 
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§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 premise.s by an authorized representative of the board, the board may: 
A. Seek a search warrant authorizing enti'y 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 
IS 
§15351. Issuance of licenses 
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1. Application; qualifications. The board may issue a license to any person who 
files a sworn application, who passes an examination approved by the boar:d and who 
meets the qualifications regarding skill, expertise, education, experience and training set 
f0l1h 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 req\Iired fee as set under section 15353 and who 
provides satisfactOlY evidence of the following qualifications: 
A. A minimum of 5 years of work in the field of refrigeration and air conc!Ltioning 
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 cOllditioning apprentice under 
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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 installati,?n 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 techniciall examinatiorl: 
3. . Master refrigeration contractor license. 
The board may issue a master 
refrigeration contractor license to a person who submits an application .on a form 
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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 
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bOard; and 
B. Obtaining a passing grade as determined by the board on the master refrigeration 
contractor examination. 
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4. Refrigeration and air conditioning apprentice license. The board may issue a 
refrigeration and air conditioning apprentice license to a person who provides satisfactory 
9. 
evidence of completion of a course in refHgeration and air conditioning system 
installation and repair 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. 
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 -C?f 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 examinatiori; or 
B. A minimum of3 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. 
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6. Pipefitter apprentice license. The board may issue a pipefitter apprentice license 
to a person who provides satisfactory 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 wod<er 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 sheet metal work as a sheet metal 
worker apprentice under the supervisiOri 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 
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B. A minimum of 3 years of work ill 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. 
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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. 
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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 subrnits the required fee as set under 
section 15353. 
.. Journeyman sprinlder fitter license. 
The board may 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 by the board on the journeyman sprinkler fitter examination . 
. 11. ' Master fire protection sprinlder 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 f0l1h in rules adQpted by the 
board; and 
B. 
Obtaining a passing grade as determined by the board on the master fire 
protection sprinkler contractor examination. 
12. Sprinlder fitter apprentice license. The board may issue a sprinkler fitter 
apprentice license to a person who provides satisfactory evidence of enrollment in an 
apprentice program that is recognized and registered with the United States Depat1ment 
of Labor. 
. 
13. 
Master mechanical. contractor license. 
The board may issue a master 
,mechanical contractor license to a person who submits ari application on a form 
prescribed by the board with the required fee as set under section 15353 and who 
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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. 
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§15352. Display of license certificate 
A person licensed by the board shall display that person's license certificate at the 
principal place of business ofthe 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 
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. 
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 fora 
:2-year period. The notice must be mailed to the person's last known address at least 30 
Jays 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 new 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 reriewal that 
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 exam ination may not be granted if the person 
served more than 4 years in the United States Anned Forces unless the person was 
required by some mandatory provision to serve a longer period and the person submits 
satisfactory evidence to the board. 
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§15355. Reciprocity 
The board shall issue a license to any person who files a sworn application and who 
.is licensed under the laws of another state or terr-itory 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 persons 
licensed under this chapter. Reciprocal licenses may not be denied oil 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 per~on who, on· the 
effective date of this Act, has completed an apprentice program in or has been 
compensated for a miriimum 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. 
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Sec. 5. Members of Mechanical Trades Board. Notwithstanding the Maine 
Revised Statutes, Title 32, section 15331, until September 1, 2013, members appointed to 
the Mechanical Trades Board by the Governor must have a minimum of 10 years of 
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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 one-year terms, 3 members for 
2-year terms and 4 members for 3-year terms. 
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SUMMARY 
This bill requires licensure of persons that perform sheet metal worie, 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, repair and testing. 
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