An Act To Establish the Maine Fuel Board Submitted hy the Department of Professional and Financial Regulation pursuant to Jciint Rule 204.
Maine Legislature, Session 124, LD 1455
Committee: Business, Research and Economic Development
Sponsors: SMITH, SCHNEIDER, AUSTIN, CLEARY, HUNT, PRESCOTT, PERRY
Amends: 32 MRSA §18121, 10 MRSA §800, 10 MRSA §8001, 10 MRSA §9703, 0 MRSA §9725, 10 MRSA §9725, 25 MRSA §2354, 25 MRSA §2465, 30-A MRSA §4221, 32 MRSA §1102-A, 32 MRSA §1102-B, 32 MRSA §3301, 32 MRSA §3302, 38 MRSA §1281, 38 MRSA §1395

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRST REGULAR SESSIOl~-2009 
Legislative Document 
No. 1455 
H.P. 1007 
House of Representatives, April 9, 2009 
.An Act To Establish the Maine Fuel Board' 
Submitted hy the Department of Professional and Financial Regulation pursuant to Jciint 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative SMITH of Monmouth. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
~771dJ~d /h.17I1LC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: AUSTIN of Gray, CLEARY of Houlton, HUNT of Buxton, PRESCOTT of 
Topsham, Senator: PERRY of Penobscot. 
rllllid \llll't:t:\Ch.·U papel 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. S MRSA §12004-A, sub-§27, as amended by PL 1999, c. 687, PI. B, 
S I ,is repealed. 
Sec. A-2. 5 IVIRSA §12004-A, sub-§33-A, as amended by PL 1999, c. 687, Pi. 
B, § 1, is repealed. 
Sec. A-3. S MRSA §12004-A, sub-§49 is enacted to read: 
49. 
Maine Fuel Board 
$35/Day 
PART B 
MRSA §18121 
II 
Sec. B-1. 10 MRSA §800J, sub-§38,~, as enacted by PL 1995, c. 397, §Il, is 
repealed. 
Sec. B-2. 10 MRSA §8001, sub-§38, '1fII, as amended by PL· 1995, c. 560, Pt. H, 
'§3 and affected by §17, is repealed. 
Sec. B-3. 10 MRSA §8001, sub-§38, ~L, as amended by PL 2007, c. 369, Pt. 
B, §5 and affected by Pt. C, §5, is further amended to read: , 
LL. 
Board of Elevator and Tramway Safety; ami 
Sec. B-4. 10 MRSA §8001, sub-§38, ~M, as enacted by PL 2007, c. 369, Pt. 
B,§6 and affected by Pt. C, §5, is amended to read: 
MM. Board of Speech-language Pathology, Audiology and Hearing Aid Dealing and 
Fitting~; and 
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Sec. B-S. 10 MRSA §8001, sub-§38, GflNN is enacted to read: 
NN. Maine Fuel Board. 
Sec. B-6. 
MRSA §9703, sub-§4, as enacted by PL 2003, c. 580, § 1, IS 
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amended to read: 
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4. Oil and'solid fuel burning equipment standards. Oil and solid fuel burning 
equipment standards adopted pursuant to Title 32, section ~ 
18123, subsection 2; 
Sec. B-7. 10MR'SA §9703, sub-§S, as enacted by PL 2003, c. 580, §1, IS 
amended to read: 
5. 
Propane and natural gas equipment standards. 
Propane and natural gas' 
equipment standards adopted pursuant to Title 32, section -1-4-W§. 18123, subsection 2; 
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Sec. B-S.I0 MRSA §9725, sub-§4, as enacted by PL 2007, c. 699, §6, IS 
amended to read: 
4. Oil and solid fuel burning equipment standal'ds. Oil and solid fuel burning 
equipment standards adopted pursuant to Title 32, section ;g.£ 18123, subsection 2; 
Sec. B-9. 
MRSA §9725, sub-§5, as enacted by PL 2007, C. 699, §6, IS 
aniended to read: 
S. 
Propane and natural gas equipment standards. Propane and natural gas 
equipment standards adopted pursuant to Title 32, section +4W4 18 I 23, subsection 2; 
PARTC 
. Sec. C-l. 32 MRSA c. 33, as amended, is repealed. 
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Sec. C-2. 32 MRS A c. 130, as amended, is repealed. 
Sec. C-3. 32 MRS A c. 139 is enacted to read: 
CHAPTER 139 
MAINE FUEL BOARD . 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§1810l. Definitions 
As used in this chapter, unless the context otherwise indicates, the fol.lowing terms 
have the following meanings. 
l. AccessOlY equipment. "Accessory equipment" means equipment, materials and 
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controls that are not integral pal1s of the oil, solid fuel, propan~ or natural gas burning 
unit but that are connected to the oil, solid fuel, propane or natural gas burning unit and 
have the potential to affect the safety of tile equipment. 
2. 
ASME container. 
"ASME container" means a container constructed in 
accordance with a code developed by the American Society of Mechanical Engineers or 
its successor organization. 
3. Board. "Board" means the Maine Fuel Board established in Title 5. section 
I 2004-A, subsection 49. 
4. 
Chimney. 
"Chimney" means a factory-built, masonry or metal chimney 
constructed to allow one or more vertical or nearly vertical passageways for conveving 
flue gases from a building to the outside atmosphere. 
5. Dispensing station. "Dispensing station" means a licensed facility cOlisisting of 
fixed equipment where propane or natural gas is stored and dispensed into p0l1abie 
containers. 
6. 
Equipment installations. 
"Equipment instaJlatiOlls'" -ineans the installation, 
alteration or repair of oil, solid fuel, propane or natural gas burning equipment and 
chimneys, including accessor" equipment as relating only to the safety of the installation. 
Associated electrical equipment must be wired in compliance with the rules of the 
Electricians' Examining Board established in Title 5, section 12004-A: subsection 13. 
7. Natural Gas. "Natural gas" means hydrocarbon fuel in a gaseous state with a 
composition of predominantly CH4, delivered by pipeline to the property of the 
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consumer. 
8. NFPA. "NFPA" means the National Fire Protection Association. 
9. Propane. "Propane" means a hydrocarbon fuel with a chemical composition of 
predominantly C3H8, whether recovered from natural gas or from crude oil. 
10. 
Self-service dispensing station. 
"Self-service dispensing station" means a 
licensed facility where propane or natural gas is dispensed into permanently mounted fuel 
containers on vehicles and is operated by the general public at a dispensing station. 
11. Solid fuel. "Solid fuel" means coal, wood and other similar organic materials or 
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12. State fuel inspector. "State fuel inspector" means a person employed by the 
Department of Professional and Financial Regulation, Office of Licensing . and 
Registration to enforce the provisions of this chapter. 
13. Wood pellets. "Wood pellets" means a wood fuel product manufactured from 
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compressed sawdust or other wood by-product that is pressed or extruded into pieces of 
uniform size and'shape that are designed. to be fed in bulk to a combustion chamber. 
"Wood pellets" does not include ground wood chips. 
§I8I02. License required 
A person who installs or services oil, solid fuel, propane or' natural gas burner 
equipment and a facility where propane or natural gas is dispensed must be licensed 
. under this chapter, except as provided under section 18104. 
§I8103. Violations; penalties 
1. Unlicensed practice. A person, firm or corporation who makes an oil, solid fuel, 
propane or natural gas installation without being licensed as provided by subchapter 3 or 
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who employs an unlicensed person to make installations is_ subject to the provisions of 
Title 10, section 8003-C. 
2. 
Strict liability. 
Except as otherwise specifically provided, violation of this 
section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 
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. §18104. Exceptions 
The licensing provisions of this chapter do not apply to: 
1. 
Electric'ians. 
An electrician duly licensed under chapter 17 insofar as the 
installation of electrical equipment or the performance of any electrical work involved in 
the installation of oil or solid fuel or propane or natural gas burners is concerned; 
2. Engineers and operators. A person holding an engineer's license issued under 
section 15109, or working under the general supervision of one so licensed while 
performing oil or solid fuel burner repair and maintenance on propane or natural gas 
burning equipment as is necessary in the steam or heating plant where that person is 
employed, if that work is performed in compliance with section 18107, or a person 
employed by companies under the jurisdiction of the Public Utilities Commission; 
3. 
Equipment. 
Solid fuel burning fireplace stoves, room heaters and stoves 
designed exclusively for heating and cooking and not attached to a central heating system 
and heating or cooling equipment operated by means of solar energy; 
4. Highway transport drivers. A highway transpOIi driver who drives a tractor-
trailer commercial motor vehicle that has a cargo tank with a water capacity of 9,000 
gallons or more and delivers propane to a bulk plant, as defined in NFPA standards, 
Number 58, or industrial customers; 
5. Individual user of a self-service propane or natural gas dispensing station. 
An individual user of a self-service propane or natural gas dispensing station; 
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6. Mechanics. The installation of air-handling equipment, sheet metal and other 
specialized equipment and services associated with oil or solid fuel or propane or natural 
gas burning equipment made by qualified mechanics of those trades who do not hold a 
master oil and solid fuel burning technician's license under section 18132, journeyman oil 
and solid fuel burning technician's license under section 18133, apprentice oil and solid 
fuel burning technician's license under section 18134 or propane a.nd natural gas 
technician's license under section 18135. Such an installation must· confonn to the 
standards and rules of the board and must be made under the supervision of a master oil 
and solid fuel burning technician or propane and natural gas technician having 
responsibility for the installation; 
7. Personal abode. A person making an oil, solid fuel, propane or natural gas 
burning installation in a single family residence occupied or to be occupied by that per·son 
as that person's bona fide personal abode, provided that the installation confonns with 
standards and rules of the board; 
8. Persons working on internal combustion engines and associated gas trains. A 
person who works on internal combustion engines and associated gas trains; 
9. Plumbers. A plumber duly licensed under chapter 49 insofar as the work covered 
by that chapter is involved; and 
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10. Regular employees of industrial facilities. Regular employees of industrial 
plants installing and servicing oil, solid fuel, propane or natural gas burning equipment of 
greater than 10,000,000 BTUs per hour input. 
§18105. Municipal licenses not required; municipal permits 
A municipalitY; notwithstanding any provision of a municipal charter, 'may not 
require an oil and solid fllel burning technician or a propane and natural gas technician to 
be municipally licensed. A municipality may not issue a permit for an oil, solid fuel, 
propane or natural gas burning installation unless satisfied that the person applying for 
the permit complies with the requirements of this chapter. 
§18106. Major equipment sales information 
II 
Upon request by the board or its authorized agent, a wholesaler or retailer of major 
oil, solid fuel, propane and natural gas heating equipment shall provide- sales infonnation 
to the board regarding that equipment. Sales information regarding the equipment may 
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include the identity of the purchaser, the date of purchase, the make, model and serial 
number, if applicable, and any other information requested. 
§18107. Installations to conform to standards 
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Installation of oil, solid fuel, propane and natural gas burning equipment and 
chimneys may not be made in this State unless the installation complies with all the 
standards and rules adopted by the board. Whenever oil, solid fuel, propane and natural 
gas burning equipmen( accessory equipment or its installation are separately contracted, 
the master oil and solid fuel burning technician or the propane and natural gas technician 
. in charge of the installation is responsible for ascel1aining total conformance to the 
standards and rules adopted by the board. Whenever a state fuel inspector authorized 
under section 18110 finds a person installing or assisting in an oil, solid fuel, propane or 
natural gas installation, that person shall, on request of the state fuel inspector, provide 
evidence of being properly licensed when required by this chapter and, if unable to 
provide the evidence, shall furnish the state fuel inspector with that person's full name 
and address and, if applicable, the full name and address of the master oil and solid fuel 
burning technician or the propane and natural gas technician in charge. 
§18108. Disclosures; penalties 
A person, firm or company that installs a chimney or fireplace for compensation must 
issue, prior to the installation taking place, a ·disclosure statement to a consumer that the 
chimney or fireplace complies with NFPA standards, Number 211. 
The disclosure 
statement mllst be in a format approved by the board and' contain the information the 
board considers necessary. Any chimney or fireplace installer who fails to provide the 
required disclosure statement to a consumer prior to the installation of a chimney or 
fireplace commits a civil violation for which a . fine of n6t less than $500 may be 
adjudged. 
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§18109. 
Inspection of aboveground and underground propane and natural gas 
storage facilities and rooftop installations of ASME containers 
The board shalL inspect and issue permits to aboveground and underground propane 
and natural gas storage facilities and rooftop installations' of ASME containers to a person' 
who applies and submits a fee under section 18143. 
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§18110. State fuel inspector 
1. Inspection. A state fuel inspector, upon written complaint or whenever a state 
fuel inspector considers it necessary, for' purposes of examination may enter into and 
upon and inspect all buildings, dispensing stations and premises within that state fuel 
inspector's jurisdiction at all reasonable hours. 
An inspector may enter a building, 
dispensing station or other premises within that state fuel inspector's jurisdiction only 
with the permission of the person having control of the building, dispensing station or 
other premises or, after hearing, upon ordcr of the court.' Whenever a state fuel inspector 
finds any installation of oil, solid fuel, propane or natural gas equipment or a chimney in 
a building or structure that does not comply with the requirements of this chapter, that 
inspector shall order that the installation be removed or remedied, and that order must be 
complied with immediately by the owner or ,occupant of the building, dispensing station 
or other premises or by the installer of the equipment in violation. If a state fuel inspector 
finds an installation that falls under the inspector's jurisdiction in a building, dispensing 
station or structure that creates a danger to other property or to the public, the inspector 
may serve a written order 'upon the owner and the occupant, if any, to vacate within a 
reasonable period of time to be stated in the order. 
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2. Order to correct deficiency; appeal. A person ordered by a state fuel inspector 
to correct a deficiency or to vacate a buildiilg 0r structure may appeal the order by filing a 
written notice of appeal with the board within 30 days after receipt of the order. The 
board shall schedule an appeal hearing as soon as practicable upon receipt of a timely 
notice of appeal. The appeal hearing must be conducted de novo and is governed .by the 
provisions' of the Maine Administrative Procedure Act applicable to adjudicatory 
hearings. The state fuel inspector who issued the order on appeal has the burden of proof 
at the appeal hearing. If the board upholds the order, it shall prescribe the tinie required 
for compliance. 
The person receiving the order under subsection 1 may appeal the 
boa:rd's decision by filing a petition for review in Superior COll1i in accordance with Title 
5, chapter 375, subchapter 7 within 30 days after receipt of the board's written decision. 
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3. Final orders. The decisioll of the Superior Couli on an appeal is final. An order 
bv' a state 'fuel inspector and an order by the board are fimil and subject to no further 
appeal upon failure to file a timely, written appeal as provided in subsection 2. 
4. Injunction to enforce order. Upon the failure of any person to carry out a final 
order as provided in' subsection 3, the board may petition the Superior Court for the 
county in which the building or dispensing station or structure is located for an injunction 
to enforce that order. If the court determines, on hearing sllch a petition, that a lawful 
final order was issued, it shall order compliance. 
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Authority of state. fuel ·inspectors. 
A state fuel inspector has authority 
throughout the several counties of the State, similar to that of a sheriffs, relating to 
enforcement of this chapter and rules adopted under this chapter. These powers are 
limited to the issuing of citations, the serving of summonses, the conducting of 
investigations, the ordering of corrections of violations and the issuance of orders to 
vacate a building or structure in accordance with this chapter. A state fuel inspector may 
review the oil, solid fuel, propane or natural gas equipment or chimney installation 
records of any person licensed under this chapter or any person, performing installations 
authorized under this chapter. 
. §18111. Failure to comply with order of a state fuel inspector 
If the owner, occupant of any building or an installer neglects or rdbses, without 
justification, for more than 10 days to comply with any order of a state fuel inspector, that 
person commits a civil violation for which a fine of not less than $100 for each day's 
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neglect may be adjudged. 
SUBCHAPTER 2 
MAINE FUEL BOARD 
§18121. Board established; membership; terms 
The Maine Fuel Board, established by Title 5, section 12004-A, subsection 49, . 
consists of 8 members, 7. of whom are appointed by the Governor and one of whom is 
appointed by the Commissioner of Public Safety as that commissioner's representative. 
All members must be residents of this State. Two members must be licensed as master 
oil and solid fuel burning technicians, 2 members must be licensed as propane and natural 
gas technicians, one member must be licensed as a master oil and solid fuel burning 
technician with a solid fuel authority and one member must be licensed as a propane and 
natural gas technician working in the natural gas industry. One member must be a public· 
member as defined in Title 5, section 12004-A. 
Appointments are for 3-year terms. Appointments of members must comply with 
Title 10, section 8009. A board member may be removed by the Governor for cause. 
§18122. Meetings; chair; quorum 
The board shalI meet at least once a year to conduct its business and to elect a chair. 
Additional meetings are held as necessary to coriduct the business of the board and may 
be convened at the calI ofthe chair or a majority of the board members. Five members of 
the board constitute a quorum. 
§18123. Powers and duties 
The board has the following powers and duties. 
1. . Board to enforce this chapter. The board shalI enforce the provisions of this 
chapter. 
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2. Rules. The board may, in accordance with the Maine Administrative Procedure 
Act, adopt rules commensurate with the authority vested in it by this chapter, including, 
but not limited to, rules adopting technical standards for the proper installation and 
servicing of oil, solid fuel, propane and natural gas burning equipment. The board may 
adopt by rule national or other technical standards, in whole or in part, that it considers 
<necessaIY to carry out the provisions of this chapter. Rules adopted pursuant to this 
chapter are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
3. Emerging technologies. The board may authorize specific pilot projects relating 
to emerging fuel fired heating technologies and may waive application of its rules to 
approved pilot projects. The board may request from the proponent of a pilot project such 
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< information as the board may require to evaluate the potential benefit of the pilot project. 
An order of the board approving a pilot project must describe the nature, scope and 
duration of the project; must contain such perfoilnance expectations, conditions and 
reporting requirements as· the board considers necessary to ensure accountability and 
protect the public health and safety; and must identify the board rules waived in 
connection with the project. An emerging technologies pilot project authorized by the 
board is subject to the provisions of sections 18103 and 18111. 
SUBCHAPTER 3 
LICENSING 
§18131. General qualifications 
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An applicant for a license under this subchapter must submit a properly completed 
application on forms furnished by the board, together with the fee established under 
.section 18 143. 
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§18132. Master oil and solid fuel burning technician 
1. Scope of license. A master oil and solid fuel burning technician may install, 
clean, service, alter or repair oil and solid fuel burning equipment and must hold one or 
more of the following authorities: number one and number 2 oils up <to 15 gallons per 
hour; number one and number 2 oils over 15 gallons per hour; number 4, number 5 and 
number 6 oils; number one to number 6 oils; and solid fuel. 
2. 
Pl'Ofessional qualifications. 
Each applicant for a master oil and solid fuel 
burning license must meet the following qualifications: 
A. The applicant must demonstrate 4 years of licensed practical experience as an 
apprentice oil and solid fuel burning technician and a journeyman oil and solid fuel 
burning technician and evidence that the licensed practical experience for at least 2 of 
those 4 years was as a licensed journeyman oil and solid fuel burning technician or 
other requirements the board may establish. Courses approved by the board tha!, 
apply to a journeyman license cannot be applied toward the reqlilrements for a mastel;, 
license; and 
B. The applicant must pass an examination approved bv the board. 
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An out-of-state applicant must present satisfactorv evidence to the board of experience in 
installiilg, cleaning, servicing, altering and repairing oil and solid fuel buming equipment. 
§18133. Journeyman oil and solid fuel burning technician 
1. Scope of license. A joumeyman oil and solid fuel burning technician may install, 
clean. service. alter or repair oil and soljd fuel burning equipment and must hold one or 
more of the following authorities:- number one and number 2 oils up to 1:5 ga119ns per 
hour; number one and number-2 oil's over 15 gallons per hour; number 4, number 5 and' 
number 6 oils; number one to number 6 oBs; and solid fuel. A journey'man oil: and solid 
fuel burning technician may install oil and solid fuel burning equipIJlent under the 
indirect supervision of a master oil and solid fuel burning technician who has the same 
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authority or higher and must at all times be under the indirect supervision of, or in the 
employ of, a master oil and solid fuel burning technician. 
,2. Professional gualifications. -Each applicant for a journevman oil and solid fuel 
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burning license must pass an examination approved by the board and must meet one of 
the following qualifications: 
A. One year of licensed practical experience as an -apprentice oil and solid fuel 
burning technician;' 
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B. Six months of licensed practical experience as an apprentice oil and solid fuel 
burning technician and completion of an oil burner technician course at a community 
college, career and technical education center or career alld technical education 
region or a comparable institute in the State or another state consisting, at a ' 
minimum, of 160 hours of study, of which at least 75 hours are made up of laboratory 
work on oil burner equipment and related systems; or 
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C. 
Successful completion of a minimum one-year accredited heating course at a 
community college in this State consisting at a minimum of 320 hours of study, of 
which at least 150 hours are made up of laboratory work on oil burner equipment and 
related systems. 
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An out~of-state applicant must present satisfactory evidence to the board of experience in 
installing, cleaning, servicing, altering and repairing oil and solid fuel burning equipment. 
§18134. Apprentice oil and solid fuel burning technician 
1. Scope of license. An apprentice oil and solid fuel burning technic"ian may: 
A. Assist in making oil and solid fuel installations and repairing and servicing of oil 
and solid fuel burning equipment under the direct supervision of a master or 
journeyman oil and solid fuel burning technician who holds the same or higher 
authority. 
License authorities include: number one and number 2 oils up to 15 
ganons per hour; number one and number 2 oils over 15 gallons per hour; number 4, 
number 5 and number 6 oils; number one to number 6 oils; and solid fuel; 
B. 
Clean oil and solid fuel burning equipment without direct supervision if the 
licensee_ has either successfully completed at least 160 hours of training approved by 
the board or completed at least one year of supervised oil and solid fuel burning work 
experience; and 
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C. Bleed an oil burner without direct supervision. If the oil burner fails to operate 
after bleeding. the apprentice shall refer the problem to a journeyman oil and solid 
fuel burning technician or master oil and solid fuel burning technician. 
§18135. Pl'opane and natural gas technician 
1. Scope of license. A propane and natural gas technician may install, repair or 
service propane or natural gas equipment and must be authorized in one of the following 
authorities: 
A. 
Appliance connection and service, which permits the technician to install and 
service propane and natural gas appliances up to 500,000 BTUs per appliance; 
B. Delively,which permits the technician to deliver propane, either by liquid transfer 
into a stationary container on the property of the consumer or by placing a portable 
container on the property of the consumer; 
C. Large equipment connection and service, which permits the technician to install 
and service propane and natural gas appliances over 500,000 BTUs per appliance; 
D. Plant operation, which permits the technician to work at a propane facility as 
defined in NFPA standards, NUinber 58; or 
E. Tank setting and outside piping, which permits the technician to set and maintain 
propane tanks and outside piping. 
2. 
Professional qualifications. 
Each applicant for a propane and natural gas 
technician license must pass an examination approved by the board and must meet one of 
the following qualifications: 
A. One year of licensed practical experience as a propane and natural gas helper; 
B. 
One year of licensed practical experience earned while holding a temporary 
license as a plant operator or delivery technician; 
C. Six months of licensed practical experience as a propane and natural gas helper or 
experience earned while holding a temporalY license as a plant operator or delivery 
technician and completion of a board-approved propane and natural gas course at a 
Maine' communIty college, career and technical education center or career and 
technical education region or a comparable iristitute from this State or another state; 
or 
D. Six months of licensed practical experience as a propane and natural gas helper or 
experience earned while holding a temporary license as a plant operator or delivery 
technician and completion of a national propane gas association's certified employee 
training program or other propane or natural gas programs approved by the board. 
An out-of-state applicant must present satisfactory evidence to the board of experience in 
installing, cleaning, servicing, altering and repairing propane and natural gas bu'rning 
equipment. 
§18136. Propane and natural gas helper 
A propane and natural gas helper may assist in making propane and natural gas 
installations and repairing and servicing of propane and natural gas equipment under the 
direct supervision of a propane and natural gas technician who has the same authority as 
described under- section 18135, subsection 1 as the supervising propane and natural gas 
technician. 
§18137. Temporary license; plant operator or delivery technician 
1. Scope of license. A temporary license may be issued to a plant operator or 
delivery technician to practice as follows: 
A. Authority to practice as a plant operator is restricted to work at a propane facility 
lias 
defined in NFPA standards, Number 58; and 
.E. 
Authority to practice as a delivery technician is restricted to the delivery of 
propane, either by liquid transfer into a stationalY container on the property of a 
consumer or by placing a portable container on the property of a consumer. 
2. License term. A temporalY plant operator or del.iverv technician license must be 
issued for a 2-year term and may not be renewed. A new temporary plant operator or 
delivery technician license may not be issued within 3 years following the date of the 
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previous temporary plant operator or deiivery technician license. 
§18138. Limited oil energy auditor 
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Scope of license. 
A limited oil energy auditor's privileges to practice are 
restricted to the performance of combustion safety and efficiency testing on oil-fired 
. space-heating equipment or water-heating equipment to ensure health ·and safety 
standards and do not include any adjustment of oil-fired space-heating equipment or 
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water-heating equipment. 
2. Professional qualifications. A limited oil energy auditor must provide to the 
board, at a minimum, satisfactory evidence of relevant training and written and field 
celiification that conform to standards established by".a nationally recognized building 
performance industry certification and quality assurance program, the equivalent 
residential energy auditor celiification program in the State or an equivalent training and 
education program as determined by the board. 
§18139. Limited propane and natural gas energy auditor 
1. Scope of license. A limited propane energy auditor's privileges are restricted to 
the performance of combustion safety. and efficiency testing on natural gas-fired or 
illQJ1ane gas-fired space-heating equipment or water-heating equipment to ensure health 
and safety standards and do not include any adjustment of natural or propane gas-fired 
space-heating equipment or water heating equipment. 
2. Professional qualifications. A limited propane energy auditor must provide to 
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the board, at a minimum, satisfactory evidence of relevant training and written and field 
certification that conform to standards established by a nationally recognized building 
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performance industry certification and quality assurance program, the' equivalent 
residential energy auditor certification program in the State or an equivalent training and 
education program as determined by the board. 
§18140. Limited tank il1staller 
1. Scope of license. A limited tank installer's privileges to practice are restricted to 
installing outside residential heating oil tanks "at manufactured housirig as defined by Title 
10, section 9002, subsection 7, paragrapb A. . 
2. Issuance of license. The following provisions govern the issuance of a limited 
tank installer's license. 
A. A limited tank installer's license maybe issued to: 
(1) A licensed inanufachlred housing mechanic as defined in Title 10, section 
9002; or 
(2) The owner of a manufactured housing dealership for the limited purpose of 
installing heating oil tanks at manufactured housing that has been sold by the 
owner. 
The license is revoked upon the owner ceasing to operate as a 
manufactured housing dealer. 
B. A limited tank installer's license may be issued jointly to a licensed manufactured 
housing dealer, as defined in Title 10, section 9002, and an individual employee of 
the dealer who is named as the corecipient of the joint limited tank installer's license. 
The corecipient dealer and employee are restricted to installing heating oil tanks at 
manufactured housing that was sold by the dealer. The joint limited tank Installer's 
license is revoked upon termination of the employee named as the corecipient of the 
joint limited tank installer's license from the employ of the dealer. 
3. Professionalgualifications. A limited tank installer must provide satisfactory 
evidence to the board of completion of a board-approved training program of at least 4 
hours for proper installation of an outside oil tank. 
§18141. Limited wood pellet technician 
A limited wood pellet technician's privileges to practice are restricted to cleaning the 
ash pan, cleaning the burn pot, scraping and cleaning the distribution tubes, emptying 
fines from the collection box and cleaning the fan. 
§18142. Licensure; installation and maintenance standards; dispensing stations 
The following licensing, maihtenance and installation standards apply to dispensing 
stations operating in the State. 
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1. License reguired. An application for licensure of a dispensing station or self-
service dispensing station must be made by the owner and, if approved by the board, the 
license must be issued in the name of the owner. 
2. Responsibilities. The owner of a dispensing station or self-serving dispensing 
station is responsible for the following. 
A. A dispensing station operating in the State must comply with section 18107 and 
the standards and rules adopted by the board, including, but not limited to, NFPA 
standards, Numbers 54 and 58, and amendments to and replacements of those 
standards. 
B. The on-site operator of a dispensing station must be trained to be the limited 
operator of the facility. The limited operator is responsible for training other 
dispensing station employees and documenting that training. . The training must 
include the use of a manual prepared by a regional propane gas association, a video 
prepared by a national propane gas association or equivalent materials approved by 
the board. The training documentation must be kept at the dispensing station. 
C. The owner of a dispensing station must file a new application for licensure with 
the board within 30 days when: 
(1) A dispensing station is relocated; or 
(2) A dispensing station undergoes major repair or renovation. 
&18143. Fees 
The Director of the Office of Licensing and .Registration within the DepaJiment of 
Professional and Financial Regulation may establish by rule fees for purposes authorized 
under this subchapter in amounts that are reasonable and necessary for their respective 
purposes, except that the fee for anyone purpose may not exceed $350 biennially. Rules 
adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
§18144. Renewals 
A license expires on the date set by the Commissioner of Professional and Financial 
Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for 
which the license was issued. A renewal license may be issued for each ensuing licensing 
period in the absence of any reason or condition that might warrant the refusal to grant a 
license upon receipt by the board of the written request of the applicant and the fee for the 
license set under·section 18143. An expired license may be reissued up to 90 days after 
the date of expiration upon payment of a late fee in ~ddition to the renewal fee as set 
under section 18143. An individual who subI'nits an application for renewal more than 90 
days after the license expiration date is subject to all requirements governing new 
applicants under this chapter and is subject to a renewal fee, late fee and additional late 
fee as set under section 18143, except that the board may, in its discretion and giving due 
consideration to the protection of the public, waive examiilation if that renewal 
application is made within 2 years from the date of that expiration. 
PART D 
Sec. D-1. 25 MRSA §2354, as amended by PL 1991, c. 714, §6, is further 
a,mended to read: 
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§2354. Inspection of buildings being repaired 
Subject to Title, 32, chapter ~ 139, the inspector of buildings shall inspect all 
buildings while in process of being repaired and see that all reasonable safeguards are 
used against the catching and spreading of fire and that the chimneys and flues are made 
safe. The inspector may give directions in writing to the owner as necessary concerning 
such repairs to render the building safe from the catching and spreading of fire. 
Sec. D-2. 25 MRSA §2465, sub-§2, as amended by PL 2005, c. 571, §1, IS 
fUliher amended to read: 
2. Prohibitions. A person may not for compensation construct, install or maintain 
any vent or solid fuel burning appliance unless that vent or appliance is constructed, 
installed or maintained in accordance with this section or the rules adopted pursuant to 
this section. Construction and installation of chimneys and fireplaces are also governed 
by Title 32, chapter ~ 139. 
Sec. D-3. 25 MRSA §2465, su b-§3, as corrected by RR 2007, c. 2, § 12, IS 
amended to read: 
3. Enforcement. Subject to Title 32, chapter ~ 139, the Commissioner of Public 
Safety or the commissioner's designees, state oil and solid fuel compliance officers fuel 
inspectors, duly appointed fire chiefs or their designees and municipal building officials 
and code enforcement officers may enforce the requirements of this section, the rules 
adopted pursuant to this section and Title 32, section 2313 A 18108. 
Sec. D-4. 25 MRSA §2465, sub-§5, as amended by PL 2005, c. 571, § 1, IS 
fllliher amended to read: 
5. Home rule. Subject to Title 32, chapter ~ 139, any municipality may adopt 
ordinance requirements for the materials, installation, construction, maintenance or 
inspection of chimneys, fireplaces, vents or solid fuel burning appliances that exceed the 
requirements of this section and the rules adopted pursuant to this secti.on. 
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Sec. D-5. 25 MRSA §2465, sub-§6, <;fA, as enacted by PL 2003, c. 452, Pt. N, §6 
and affected by Pt. X, §2, is amended to read: 
A. 
A person who, for compensation, constructs or installs vents or solid fuel 
burning appliances in violation of the standards and then permits such violation to 
remain uncorrected after 30 days' notice from an official empowered to enforce this 
section commits a civil violation for which a fine of not more than $500 for each 
violation may be adjudged. The court may waive any penalty or cost against a 
violator upon satisfactory proof that the violation was corrected within 30 days of the 
issuance of a complaint. Construction and installation of chimneys and fireplaces are 
governed by Title 32, chapter~ 139. 
Sec. D-6. 30-A MRSA §4221, sub-§4, 'l[B, as amended by PL 2003, c. 304, § 1, 
is further amended to read: 
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B. 
Installation of domestic heating appliances by master oil bttmeJ: and solid fuel 
burning technicians licensed pursuant to Title. 32, chapter ~ 139; and 
Sec. D-7. 32 MRSA §1102-A, sub-§7, as enacted byPL'1999, c. 386, Pt. F, §8, 
is amended to read: 
7. Oil burner technicians. A person licensed under chapter ~ 139 subject to the 
restrictions of the license as issued; 
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Sec. D-S. 32 MRSA §1102-A, sub-§8, as enacted by PL 1999, c. 386, Pt. F, §8, 
is amended to read: 
8. Propane and natural gas installers. A person licensed under chapter -l-:3.(} 139,' 
when installi~g propane and natural gas utilization equipment, subject to the restrictions 
1 
of that person's license; 
Sec. D-9. 32 MRSA §1102-B, sub-§5, ,G, as enacted by PL 1999, c. 386, Pt. F, 
§9, is amended to read: 
G. 
Work performed by any person licensed under chapter ~ 139 as an oil burner 
techn ician, subject to the restrictions of the I icense as issued; 
Sec. D-IO. 32 MRSA §1102-B, sub-§5, 'UH, as enacted by PL 1999, c. 386, Pt. 
F, §9, is amended to read: 
H. 
Work performed by a person licensed under chapter -l-:3.(} 139 asa propane and 
natural gas installer, when installing propane and natural gas utilization equipment, 
subject to the restrictions of that person's license; 
Sec. D~l1. 32 MRSA §3301, sub-§5-A, as amended by PL 1999, c. 386, Pt. L, 
§ 1, is further amended to read: 
5-A. Propane and natural gas installer. A "propane and natural gas installer" 
. means a person licensed un'der chapter -l-:3.(} 139 when installing propane and natural gas 
utilization equipment, subject to the restrictions of that person's' license. 
Sec. D-12. 32 MRSA §3302, sub-§l, <IjlB, as amended by PL 1999, c. 386, Pt. L, 
§2, is further amended to read: 
B. 
Plumbing by oil burner technicians, duly licensed under chapter ;H. 139, and 
propane and natural gas installers, licensed under chapter -l-:3.(} 139, except that this 
exception only applies to hot and cold water connections to existing piping in the 
same room where the installation is taking place and does not apply beyond any 
existing branch connection supplying water; and 
Sec. D-13. 38 MRSA §1281, as amended by PL 2005, c. 52, §2, is fmiher 
amended to read: 
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§1281. Emergency provisions 
In an emergency that results from a sudden, unexpected event that is not a planned 
asbestos abatement project, including the emergency repair, installation, removal or 
servicing of heating equipment in single-unit residential buildings by persons licensed by 
the Oil and Solid Maine Fuel Board under Title 32, chapter ~ 139, the commissioner 
.may waive the requirements for a license or cel1ificate under this chapter. For the 
purposes of this section, emergency includes a sudden unexpected event that, if not 
immediately attended to, presents a safety or health hazard; operations necessitated by 
nonroutine failures of equipment or to protect equipment from damage; and actions of 
fire and emergency medical personnel pursuant to duties within their official capacities. 
Any person who performs an asbestos abatement activity, which activity would normally 
require notification pursuant to section 1273, subsection 2, under emergency conditions, 
shall notify the commissioner by phone within one working day and in writing within 3 
days after performance of that activity. 
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Sec. D-14. 38 MRSA §1395, sub-§3, as enacted by PL 2007, c. 569, §6, is 
amended to read: 
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3. Licensed professional. Is installed by a journeyman or master oil ffiH:nef and 
solid fuel burning technician licensed by the Oil and Soli.d Maine Fuel Board under Title 
32, section 2401 B 18132 or 18133 or, in the case of an o{ltside tank serving 
manufactured housing, by any person licensed by the Oil and Solid Maine Fuel Board 
under Title 32, section ~ 
18140 to install such tanks. 
Sec. D-15. 
Transition provisions. 
The following provIsIOns govern the 
transition of the Oil and Solid Fuel Board and the Propane and Natural Gas Board to the 
Maine Fuel Board. 
1.. Board membership. The reconfiguration of the membership of the Maine Fuel 
Board must be achieved by attrition. All appointments to positions eliminated by this Act 
that become vacant or expire after January 1,2010 may not be filled. 
2. Board rulemaking. The rules adopted under the Maine Revised Statutes, Title 
32, chapters 33 and 130 will remain in effect until the Maine Fuel Board adopts rules 
pursuant to this Act. 
3. 
Licenses. 
With the exception of temporary licenses for delivery and plant 
operators, licenses issued by the Oil and Solid Fuel Board and the Propane and Natural 
Gas Board remain valid upon the effective date of this Act. Applicants for temporary 
delivery and plant operator licenses who apply after the effective date of this Act will be 
required to obtain a technician license with the approprii:lte authority. Temporary licenses 
for delivery and plant operators issued prior to the effective date of this Act remain valid 
until the expiration date and may not be reissued. 
Sec. D-16. Effective date. This Act takes effect January 1,2010. 
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SUMMARY 
This bill repeals the Maine Revised Statutes, Title 32, chapters 33 and 130, governing 
the licensure and regulation of oil and solid· fuel burning technicians and. propane and 
natural gas technicians, and combines the 2 licensing programs into one licensing 
program under a merged licensing board, the Maine Fuel Board, established by one 
authorizing statute. This bill reflects the current standards for the installation of oil and 
solid fuel burner equipment and . propane and natural gas equipment and strengthens 
licensing requirements for propane and natural gas technicians who apply for licensure 
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after the effective date of the bill. The bill provides for a limited lice~se for wood pellet 
technicians and for board authority to consider the impact of new heating technology that 
may be available in the future. 
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