An Act To License Home Building and Improvement Contractors
Maine Legislature, Session 124, LD 0272
Committee Amendment CA_A_H760 (House)
Amends: 10 MRSA §8001

COMMITTEE AMENDMENT "A " to H.P. 215, L.D. 272, Bill, "An Act To 
License Home Building and Improvement Contractors" 
Amend the bill by striking out the title and substituting the following: 
'An Act To License Residential Builders and Register Specialty Contractors' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5MRSA §12004-A, sub-§20-A is enacted to read: 
20-A. 
Maine Residential Builders and 
Specialty Contractors Board 
Public Members 
Legislative Per Diem 
Other Members No 
Compensation 
Authorized 
MRSA § 1 9011 
Sec. 2. 10 MRSA §8001, sub-§38, ~M, as amended by PL 2009, c. 344, Pt. B, 
§4 and affected by Pt. E, §2, is further amended to read: 
MM. Board of Speech-language Pathology, Audiology and Hearing Aid Dealing and 
Fitting; afId 
Sec. 3. 10 MRS A §8001, sub-§38, ~N, as enacted by PL 2009, c. 344, Pt. B, 
§5 and affected by Pt. E, §2, is amended to read: 
. 
NN. Maine Fuel Board;·; and 
Sec. 4. 10 MRSA §8001, sub-§38, -[00 is enacted to read: 
00. Maine Residential Builders and Specialty Contractors Board. 
Sec. 5. 32 MRSA c. 141 is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A " 
to H.P. 215, L.D. 272 
CHAPTER 141 
MAINE RESIDENTIAL BUILDERS AND SPECIALTY CONTRACTORS ACT 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§1900l. Short title 
This chapter may be known and cited as "the Maine Residential Builders and 
Specialty Contractors Act." 
§19002. 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 or registration 
under this chapter. 
2. Board. "Board" means the Maine Residential Builders and Specialty Contractors 
Board as set out in this chapter. 
3. Commissioner. "Commissioner''' means the Commissioner of Professional and 
Financial Regulation. 
4. Department. "Department" means the Department of Professional and Financial 
Regulation. 
5. 
Dwelling. 
"Dwelling" means a single building that is owner-occupied or 
constructed for sale to an owner-occupant, that is not over 3 stories in height and that 
contains at least one but not more than 3 dwelling units. 
6. 
Dwelling 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. 
7. 
Residential builder. 
"Residential builder" means a person who constructs, 
supervises or offers to construct or supervise the construction, repair or improvement of a 
dwelling when the cost of the construction, repair or improvement exceeds $3,000. A 
person who engages or offers to engage in construction, repair or improvement costing 
more than $3,000 in this State is considered to be a residential builder. 
8. Residential specialty contractor. "Residential specialty contractor" means an 
independent contractor who is not a licensed residential builder and who contracts with a 
licensed residential builder or individual property owner to do construction work, repair 
or improvement the cost of which exceeds $1,000 that requires special skills and involves 
the use of a specialized construction trade or craft. "Residential specialty contractor" 
includes a vinyl and aluminum siding installer, insulation installer, roofer, floor covering 
installer, mason, foundation installer, drywall installer, carpenter and window installer 
and other specialists as the board includes by rule. 
SUBCHAPTER 2 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 215, L.D. 272 
MAINE RESIDENTIAL BUILDERS AND SPECIAL TV CONTRACTORS 
BOARD 
§19011. Membership; appointment; organization 
The Maine Residential Builders and Specialty Contractors Board, as established by 
Title 5, section 12004-A, subsection 20-A, shall administer the provisions of this chapter 
to protect the public with respect to the practice of residential construction and repair. 
Appointments of members must comply with the provisions of Title 10, section 8009 . 
1. Membership. The board consists of9 members, appointed by the Governor: 
A. Two public members; 
B. 
Four residential builders, each having at least 5 years of experience as a 
residential builder. After the expiration of the initial term of members under this 
paragraph, the members must be residential builders licensed under this chapter; 
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 a nonvoting member; and 
E. One firefighter, who serves as a nonvoting member. 
2. Terms; removal. The term of office of each member is 4 years. Members may 
be removed by the Governor for cause. 
3. Meetings; quorum. The board shall meet at least once a year to conduct its 
business and elect its chair 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. 
§19012. Powers 
1. Rules. The board shall adopt rules to administer this chapter. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. The rules must include, but are not limited to, license qualifications, 
standards of practice, standards ofworkmanship, continuing education and misconduct. 
2. 
Licenses. 
The board shall evaluate the qualifications of and approve the 
examination to be taken by applicants. 
3. Disciplinary sanctions. The board may deny a license, refuse to renew a license 
or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A 
for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A. 
SUBCHAPTER 3 
LICENSE AND REGISTRATION 
§19021. Residential builder 
1. Residential builder; license required. A residential builder must be licensed by 
the board for a period established by the board by rule. A licensee must pay an annual 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT '-4 " 
to.H.P. 215, L.D. 272 
fee established by the Director of the Office of Licensing and Registration within the 
department pursuant to section 19026 that is based upon the depm1ment's costs in 
canying out the provisions of this chapter. Nothing in this chapter prohibits a person who 
is licensed to practice in this State under any other law from engaging in the practice for 
which that person is licensed. 
2. Application; licensing requiremeuts. An applicant for a residential builder's 
license under this subchapter shall file with the board a written application on a form 
prescribed by the board. The application must be accompanied by the payment of all 
applicable fees required pursuant to subsection I. 
A prerequisite for taking the 
examination for a residential builder's license is a minimum of 2 years of relevant 
experience under the supervision of a professional who is engaged in residential building 
construction or other education or experience or a combination of these as may be 
approved by the board. The board, through rulemaking, shall require the applicant to take 
either a written or oral form of examination, whichever the applicant prefers, as a 
prerequisite for licensure. 
The board, in reviewing an applicant, may consider the 
applicant's experience, ability, character, financial condition, equipment and workers' 
compensation insurance and other pertinent information the board may require. The 
board shall issue a residential builder's license if the board finds that the applicant is 
qualified to engage in residential building in this State and the applicant submits proof of 
financial responsibility acceptable to the board. 
3. 
Examinatiou. 
An applicant who fails the examination for licensure under 
subsection 2 must be given the opportunity to be reexamined after payment of an 
additional examination fee. If the applicant fails the examination 3 times, the applicant is 
not eligible for reexamination for 12 months. A record must be made and preserved by 
the board of each examination of an applicant and the findings of the board pertaining to 
the examination. 
A ce11ified copy of the record must be furnished to an applicant 
requesting the record upon the payment of a fee to the board that reasonably reflects the 
cost of furnishing the record to the applicant. 
§19022. Residential specialty coutractor 
1. Resideutial specialty contractor; registration required. A residential specialty 
contractor must be registered by the board in a classification established pursuant to 
subsection 3 for a period established by the board by rule. A registrant must pay an 
annual fee established by the department based upon the department's costs in carrying 
out the provisions of this chapter. Nothing in this chapter prohibits a person who is 
licensed to practice in this State under any other law from engaging in the practice for 
which that person is licensed. . 
2. Applicatiou; registration requirements. The board shall issue a residential 
specialty contractor registration certificate for the classification established pursuant to 
subsection 3 for which the applicant is qualified, if the board finds that the applicant is 
qualified to engage in that classification of residential specialty contracting in the State. 
A residential specialty contractor must be qualified and experienced in the particular 
classification in which the applicant intends to, and does, engage. The board, by rule, 
may require the applicant to take either a written or oral form of examination, whichever 
the applicant prefers, in spe~ific areas of classification. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 215, L.D. 272 
3. Registration; classification of specialty contractors. The board by rule shall 
establish classifications for registration of residential specialty contractors in a manner 
consistent with established usage and procedure in the construction business. The board 
may limit the field and scope of the operations of a residential specialty contractor to 
those in which the applicant is to be registered. 
A residential specialty contractor 
registration certificate issued by the board may not be for more than 3 of the. 
classifications recognized by the board. A residential specialty contractor registered or 
wishing to be registered for more than 3 classifications must be examined and licensed as 
a residential builder pursuant to section 19021. 
§19023. Renewal; continuing education 
The board shall annually renew a residential builder's license upon the applicant's 
submission to the board of the completed renewal application, proof of financial 
responsibility acceptable to the board and payment of all applicable fees. If a license has 
been in inactive status for more than 3 years, the applicant is subject to the requirements 
of original licensure. As a condition of license renewal, the board may require by rule a 
licensee to satisfactorily complete continuing education through a program approved by 
the board, as long as the continuing education requirements are readily accessible to the 
licensee and do not represent an undue burden on the licensee. 
§19024. Exemptions 
A license or registration under this chapter is not required for a person who: 
1. Residential builder. Otherwise acts as a residential builder but does not perform 
construction, repair or improvement costing more than $3,000 for anyone owner of a 
dwelling in a calendar year; 
2. Labor; services. Performs labor or services for a licensed residential builder 
under this chapter; 
3. Trade; profession. Holds a license for a trade or profession and is acting within 
the scope of the trade or profession for which the person is licensed; 
4. Representative. Is an authorized representative of the United States Government, 
the State or any incorporated municipality, county or other political subdivision of this 
State who is acting within the scope of that representative's authorization; 
5. Ownership interest; family member; lessee. Performs work on a dwelling in 
which that person has an ownership interest or that is owned by a family member of that 
person or who 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 
residential builder licensed under this chapter; 
7. Public utility. Is a public utility operating under the laws of the State and rules of 
the Public Utilities Commission in construction, maintenance or development work 
incidental to the public utility's business; 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "A " 
to H.P. 215, L.D. 272 
8. Manufactured housing. Is licensed by the Manufactured Housing Board under 
Title 10, chapter 951 and performs home construction services in connection with the 
construction or installation of manufactured housing; or 
9. Other professions. Is licensed in this State under any other provision of law and 
engages in the practice for which the person is licensed. 
§19025. Violations 
A violation of the licensing requirements under this chapter is governed by the 
provisions of Title 10, section 8003-C. 
§19026. Fees 
The Director of the Office of Licensing and Registration within the department, 
pursuant to Title' 10, section 8003, subsection 2-A, paragraph D, may establish by rule 
fees for purposes authorized under this chapter in amounts that are reasonable and 
necessary for their respective purposes, except that the fee for any' one purpose may not 
exceed $350. Rules adopted pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
§19027. Effective date 
This subchapter takes effect January 1, 2013. 
Sec. 6. 
Maine Residential Builders and Specialty Contractors Board 
initial meeting; staggered terms. Initial 'members of the Maine Residential Builders 
and Specialty Contractors Board created pursuant to the Maine Revised Statutes, Title 32, 
section 19011 must be appointed no later than May 1, 2011. The board shall convene its 
first meeting no later than July 15, 2011. Notwithstanding Title 32, section 19011, 
subsection 2, initial terms of the members of the board are as follows: 
1. For' the firefighter representative, 2 years; 
2. For one public member, one year; 
3. For one public member, 2 years; 
4. For 2 residential builders, 3 years; 
5. For 2 residential builders, 4 years; 
6. For the municipal code enforcement officer, 2 years; and 
7. For the engineer or architect, 2 years. 
Sec. 7. Transfer 2011. Notwithstanding any other provision of law, the State 
COI{troller shall transfer $837,732 from the unappropriated surplus of the General Fund to 
the Office of Licensing and Registration Other Special Revenue Funds account within the 
Department of Professional and Financial Regulation no later than July 1,2011 to support 
the establishment and start-up costs of the Maine Residential Builders and Specialty 
Contractors Board. 
COMMITTEE AMENDMENT 
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COMMITTEE AMEN~MENT"A "to H.P. 215, L.D. 272 
Sec. 8. Transfer 2012. Notwithstanding any other provision of law, the State 
Controller shall transfer $368,587 from the unappropriated surplus of the General Fund to 
the Office of Licensing and Registration Other Special Revenue Funds account within the 
Department of Professional and Financial Regulation no later than July 1, 2012 for 
operating costs of the Maine Residential Builders and Specialty Contractors Board.' 
SUMMARY 
This amendment is the minority report of the committee and it replaces the bill. It 
creates the Maine Residential Builders and Specialty Contractors Act and establishes the 
Maine Residential Builders and Specialty Contractors Board within the Department of 
Professional and Financial Regulation, Office of Licensing and Registration. Beginning 
January 1, 2013, the board will authorize persons to practice residential building by 
issuing a license to residential builders and a registration certificate to residential 
specialty contractors. It establishes the requirements for licensure as a residential builder 
and for registration as a residential specialty contractor and includes certain specific 
exemptions from licensure and registration. The amendment also provides for staggered 
initial appointments to the board and requires that all members be appointed to the board 
no later than May 1, 2011. The board is required to convene its first meeting no later than 
July 15, 2011. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/2111 0 ,?:pac:.. 
LD 2,72 
LR 191(02) 
An Act To License Home Building and Improvement Contractors 
Fiscal Note for Bill as Amended by Committee Amendment "A, 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
2009-10 
2010-11 
2011-12 
. Net Cost (Savings) 
General Fund 
$0 
$0 
$837,732 
App ropriations/ Allocations 
Other Special Revenue Funds 
$0 
$0 
$631,997 
Revenue 
Other Special Revenue Funds 
$0 
$0 
$0 
Transfers 
General Fund 
$0 
'-
$0 
($837,732) 
Other Special Revenue Funds 
$0 
$0 
$837,732 
Correctional and Judicial Impact Statements 
Increases the number of civil suits . 
. The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
2012-13 
$368,587 
$948,620 
$2,100,000 
($368,587) 
$368,587 
This bill establishes the Maine Residential Builders and Specialty Contractors Board within the Department of 
Professional and Financial Regulation's Office of Licensing and Registration. The Office of Licensing and 
Registration will require Other Special Revenue Funds allocations totaling $531,324 in fiscal year 2011-12 and 
$873,886 in fiscal year 2012-13 for the costs associated with per diem and other expenses of board members, 
contracting costs and upgrading of the licensing system. Also included in the Other Special Revenue Funds 
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allocations is funding for 2 Office Specialist I positions, one Director position and one Office Associate II position 
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effective July 1,2011 and 2 Inspector positions, one Senior Inspector position and one Paralegal position effective·',.' 
January 1, 2013 and related all other expenses. 
LRO 191 (02) - Fiscal Note - Page 1 of 2 
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The Administrative Services program within the Department of Professional and Financial Regulation will require 
Other Special Revenue Funds allocations of $56,408 in fiscal year 201 1-12 and $30,891 in fiscal year 2012- 13 for the 
general operating costs necessary to support both the board and the staff. An additional $250,000 in costs are 
anticipated for Office of Licensing and Registration administrative support as well as Commissioner's Office support, 
service center support, attorney general services, rulemaking and insurance. Because sufficient dedicated funds will 
not be available to support the operation of the board from July I, 2011 through January I, 2013, this bill includes 
language that requires the State controller to transfer $837,732 and $368,587 from the unappropriated surplus of the 
General Fund to the Office of Licensing and Registration no later than July 1, 2011 and July 1, 2012, respectively. 
This bill provides for the establishment of fees for contractor licenses, renewal licenses and specia.lty licenses and 
\ caps the amount that can be collected for anyone purpose at $350. This fiscal estimate assumes that receipt of 
registration fees will begin in January 2013. An economic impact analysis prepared by Planning Decisions, Inc. of 
South Portland, Maine in November 2003 estimates that approximately 12,000 home improvement contactors could be 
licensed. Given the exemptions from the licensure requirements provided in this bill, this fiscal estimate assumes the 
licensing of 6,000 contractors beginning in January 2013 at $350 per license resulting in $2,100,000 in dedicated 
revenues to the board in fiscal year 2012-13. Actual revenues will be higher or lower depending on the actual number 
of applicants. A General Fund appropriation may be required if sufficient revenues are not received to support the 
continued operation of the board beginning in fiscal year 2012-13. 
The Department of the Attorney General will require Other Special Revenue Funds allocations of $44,265 in fiscal 
year 2011-12 and $43,843 in fiscal year 2012-13 for one part-time Assistant Attorney General position to provide 
legal services for the Maine Residential Builders and Specialty Contractors Board. 
LR0191 (02) - Fiscal Note - Page 2 of2