An Act To Eliminate Certain Restrictions on the Installation of Chimneys and Equipment
Maine Legislature, Session 125, LD 0124
Committee Amendment CA_A_H253 (House)
Amends: 25 MRSA §2465, 32 MRSA §18107, 32 MRSA §18123

COMMITTEE AMENDMENT "A" to H.P. 106, L.D. 124, Bill, "An Act To 
Eliminate Certain Restrictions on the Installation of Chimneys and Equipment" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRSA §2465, suh-§l-A, as amended by PL 2009, c. 250, §l, is 
repealed and the following enacted in its place: 
I-A. Routine technical rules. The Commissioner of Public Safety shall adopt rules 
pertaining to the construction, installation, maintenance and inspection of chimneys, 
fireplaces, vents and solid fuel burning appliances. 
Rules adopted pursuant to this 
subsection may include rules pertaining to maintenance and inspections, except as 
provided in subsection I-B. Rules adopted pursuant to this subsection may not prohibit: 
A. The continued use of an existing connection of a solid fuel burning appliance to a 
chimney flue to which another appliance burning oil or solid fuel is connected for any 
chimney existing and in use prior to February 2, 1998 as long as: 
(1) Sufficient draft is available for each appliance; 
(2) The chimney is lined and structurally intact; and 
(3) A carbon monoxide detector is installed in the building near a bedroom; or 
B. The connection of a solid fuel burning appliance to a chimney flue to which 
another appliance burning oil or solid fuel is connected for any chimney existing and 
in use on or after February 2, 1998 as long as: 
(1) Sufficient draft is available for each appliance; 
(2) The chimney is lined and structurally intact; 
(3) A carbon monoxide detector is installed in the building near a bedroom; 
(4) 
The solid fuel burning appliance has been listed by Underwriters 
Laboratories or by an independent, nationally recognized testing laboratory or 
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COMMITTEE AMENDMENT 'A" to H.P. 106, L.D. 124 
other testing laboratory approved by the Maine Fuel Board, established under 
Title 5, section 12004-A, subsection 49; and 
(5) 
The solid fuel burning appliance IS installed III accordance with the 
manufacturer's installation specifications. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. 32 MRSA §18107, as amended by PL 2009, c. 652, Pt. A, §46, is repealed 
and the following enacted in its place: 
§18107. Installations to conform to standards 
1. Board standards and rules. 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. These standards and rules 
may not prohibit: 
A. The continued use of an existing connection of a solid fuel burning appliance to a 
chimney flue to which another appliance burning oil or solid fuel is connected for any 
chimney existing and in use prior to February 2, 1998 as long as: 
(1) Sufficient draft is available for each appliance; 
(2) The chimney is lined and structurally intact; and 
(3) A carbon monoxide detector is installed in the building near a bedroom; or 
B. The connection of a solid fuel burning appliance to a chimney flue to which 
another appliance burning oil or solid fuel is connected for any chimney existing and 
in use on or after February 2, 1998 as long as: 
(1) Sufficient draft is available for each appliance; 
(2) The chimney is lined and structurally intact; 
(3) A carbon monoxide detector is installed in the building near a bedroom; 
(4) 
The solid fuel burning appliance has been listed by Underwriters 
Laboratories or by an independent, nationally recognized testing laboratory or 
other testing laboratory approved by the board; and 
(5) The solid fuel burning appliance is installed in accordance with the 
manufacturer's installation specifications. 
2. Technician responsibility for ascertaining total conformance to the standards 
and rules. 
Whenever oil, solid fuel, propane and natural gas burning equipment, 
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 ascertaining total conformance to the standards and rules 
adopted by the board. 
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COMMITTEE AMENDMENT "A" to H.P. 106, L.D. 124 
3. Proof of license. Whenever a state fuel inspector authorized under section 18110 
finds a person installing or assisting in an oil, propane, natural gas or solid fuel burning 
appliance 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. 
Sec. 3. 32 MRSA §18123, sub-§2, as amended by PL 2009, c. 652, Pt. A, §47, is 
repealed and the following enacted in its place: 
2. Rules. The board may 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. Rules adopted pursuant to this subsection may not prohibit: 
A. The continued use of an existing connection of a solid fuel burning appliance to a 
chimney flue to which another appliance burning oil or solid fuel is connected for any 
chimney existing and in use prior to February 2, 1998 as long as: 
(1) Sufficient draft is available for each appliance; 
(2) The chimney is lined and structurally intact; and 
(3) A carbon monoxide detector is installed in the building near a bedroom; or 
B. The connection of a solid fuel burning appliance to a chimney flue to which 
another appliance burning oil or solid fuel is connected for any chimney existing and 
in use on or after February 2, 1998 as long as: 
(1) Sufficient draft is available for each appliance; 
(2) The chimney is lined and structurally intact; 
(3) A carbon monoxide detector is installed in the building near a bedroom; 
(4) 
The solid fuel burning appliance has been listed by Underwriters 
Laboratories or by an independent, nationally recognized testing laboratory or 
other testing laboratory approved by the board; and 
(5) 
The solid fuel burning appliance is installed in accordance with the 
manufacturer's installation specifications. 
The board may adopt by rule national or other technical standards, in whole or in part, 
that it considers necessary to carry out the provisions of this chapter. Rules adopted 
pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A.' 
SUMMARY 
This amendment replaces the bill. 
1. 
It retains provisions in the Maine Revised Statutes, Title 32, section 18107 
governing the continued use of an existing connection of a solid fuel burning appliance to 
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a chimney flue to which another appliance burning oil or solid fuel is connected for any 
chimney existing and in use prior to February 2, 1998, including the 3 requirements for 
this continued use. 
It adds these 3 requirements and 2 additional requirements for 
chimneys existing and in use on or after February 2, 1998. The 2 additional requirements 
are that the appliance has been listed by Underwriters Laboratories or other testing 
laboratory and that the solid fuel burning appliance is installed in accordance with the 
manufacturer's installation specifications. 
2. It includes changes to Title 25, section 2465, which is affected by any changes 
made to Title 32, section 18107, as it deals with rules pertaining to maintenance and 
inspections, including specific allowances. These changes allow for the adoption of rules 
that do not prohibit the connection of a solid fuel burning appliance to a chimney flue to 
which another appliance is connected for any chimney existing and in use on or after 
February 2, 1998 as long as certain requirements are met. 
3. It includes changes to Title 32, section 18123, which is affected by the changes 
made to Title 32, section 18107, giving the Maine Fuel Board certain powers and duties, 
including adopting technical standards for the proper installation and servicing of oil, 
solid fuel, propane and natural gas burning equipment. This amendment allows installers 
to install appliances in accordance with changes made in Title 32, section 18107. 
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