An Act Regarding Residential Chimney Lining
Maine Legislature, Session 125, LD 0264
Committee: Criminal Justice and Public Safety
Sponsors: HARVELL, SAVIELLO, GIFFORD, LIBBY, MORISSETTE, O'CONNOR, PARRY, SANDERSON, VOLK
Amends: 10 MRSA §9722, 25 MRSA §2452, 32 MRSA §18107, 32 MRSA §18123

Legislative Document 
No. 264 
H.P. 217 
House of Representatives, February 1, 2011 
An Act Regarding Residential Chimney Lining 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative HARVELL of Farmington. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: GIFFORD of Lincoln, LIBBY of Waterboro, MORISSETTE of Winslow, 
O'CONNOR of Berwick, PARRY of Arundel, SANDERSON of Chelsea, VOLK of 
Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §9722, sub-§7 is enacted to read: 
7.  Limitation.  The board may not adopt any rules or standards under this section 
that require a chimney in a residential dwelling to be lined unless the burning equipment 
used to heat the dwelling is a condensing unit that recaptures heat by condensing escaping 
water vapor. 
Sec. 2.  25 MRSA §2452, first ¶, as amended by PL 2007, c. 632, §1, is further 
amended to read: 
The Commissioner of Public Safety shall adopt and may amend rules governing the 
safety to life from fire in or around all buildings or other structures and mass outdoor 
gatherings, as defined in Title 22, section 1601, subsection 2, within the commissioner's 
jurisdiction. These rules do not apply to nursing homes having 3 or fewer patients. 
Automatic sprinkler systems may not be required in existing noncommercial places of 
assembly. Noncommercial places of assembly include those facilities used for such 
purposes as deliberation, worship, entertainment, amusement or awaiting transportation 
that have a capacity of 100 to 300 persons.  The commissioner may not adopt any rules or 
standards under this section that require a chimney in a residential dwelling to be lined 
unless the burning equipment used to heat the dwelling is a condensing unit that 
recaptures heat by condensing escaping water vapor.  Rules adopted pursuant to this 
section are routine technical rules, except that rules pertaining to fire sprinklers are major 
substantive rules, both of which are defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  32 MRSA §18107, as amended by PL 2009, c. 652, Pt. A, §46, is further 
amended to read: 
§18107.  Installations to conform to standards 
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 the 
continued use of an existing connection of a solid fuel burning appliance to a chimney 
flue to which another appliance burning oil or solid fuel is connected for any chimney 
existing and in use prior to February 2, 1998 as long as sufficient draft is available for 
each appliance, the chimney is lined and structurally intact and a carbon monoxide 
detector is installed in the building near a bedroom.  The standards and rules adopted by 
the board may not require a chimney in a residential dwelling to be lined unless the 
burning equipment used to heat the dwelling is a condensing unit that recaptures heat by 
condensing escaping water vapor.  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.  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. 
Sec. 4.  32 MRSA §18123, sub-§2, as amended by PL 2009, c. 652, Pt. A, §47, is 
further amended to read: 
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.  Rules adopted 
pursuant to this subsection may not prohibit the continued use of an existing connection 
of a solid fuel burning appliance to a chimney flue to which another appliance burning oil 
or solid fuel is connected for any chimney existing and in use prior to February 2, 1998 as 
long as sufficient draft is available for each appliance, the chimney is lined and 
structurally intact and a carbon monoxide detector is installed in the building near a 
bedroom.  The rules may not require a chimney in a residential dwelling to be lined 
unless the burning equipment used to heat the dwelling is a condensing unit that 
recaptures heat by condensing escaping water vapor.  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 chapter are routine 
technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill prohibits state fire, safety and building codes from requiring a chimney in a 
residential dwelling to be lined unless the burning equipment used to heat the dwelling is 
a condensing unit that recaptures heat by condensing escaping water vapor.