An Act To Restructure the Licensing and Regulation of Boilers and Pressure Vessels and Elevators and Tramways
Maine Legislature, Session 126, LD 0414
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, PATRICK, GILBERT
Amends: 5 MRSA §12004-A, 10 MRSA §8001, 10 MRSA §9725, 26 MRSA §569, 32 MRSA §15101, 32 MRSA §15101-A, 32 MRSA §15102, 32 MRSA §15103, 32 MRSA §15103-A, 32 MRSA §15104-A, 32 MRSA §15104-B, 32 MRSA §15104-C, 32 MRSA §15105, 32 MRSA §15108-A, 32 MRSA §15108-C, 32 MRSA §15109, 32 MRSA §15110, 32 MRSA §15111, 32 MRSA §15112, 32 MRSA §15113, 32 MRSA §15115, 32 MRSA §15116, 32 MRSA §15117, 32 MRSA §15118, 32 MRSA §15119, 32 MRSA §15120, 32 MRSA §15121, 32 MRSA §15202, 32 MRSA §15203, 32 MRSA §15204, 32 MRSA §15205, 32 MRSA §15205-A, 32 MRSA §15206, 32 MRSA §15206-A, 32 MRSA §15208, 32 MRSA §15208-A, 32 MRSA §15209, 32 MRSA §15209-A, 32 MRSA §15210, 32 MRSA §15211, 32 MRSA §15213, 32 MRSA §15214, 32 MRSA §15216, 32 MRSA §15216-C, 32 MRSA §15219, 32 MRSA §15221, 32 MRSA §15225-A, 32 MRSA §15226, 32 MRSA §15227, 32 MRSA §15228, 32 MRSA §15229

Legislative Document 
No. 414 
H.P. 287 
House of Representatives, February 12, 2013 
An Act To Restructure the Licensing and Regulation of Boilers and 
Pressure Vessels and Elevators and Tramways 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative VOLK of Scarborough. 
Cosponsored by Senator PATRICK of Oxford and 
Representative: GILBERT of Jay. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  5 MRSA §12004-A, sub-§7, as amended by PL 1999, c. 687, Pt. B, §1, 
is repealed. 
Sec. A-2.  5 MRSA §12004-A, sub-§14, as amended by PL 1999, c. 687, Pt. B, 
§1, is repealed. 
PART B 
Sec. B-1.  10 MRSA §8001, sub-§38, as amended by PL 2011, c. 286, Pt. B, §1, 
is further amended to read: 
38.  Office of Professional and Occupational Regulation.  Office of Professional 
and Occupational Regulation.  The Office of Professional and Occupational Regulation is 
composed of the following: 
A.  Board of Accountancy; 
D.  Maine State Board for Licensure of Architects, Landscape Architects and Interior 
Designers; 
F.  Board of Licensing of Auctioneers; 
H.    Board of Chiropractic Licensure; 
H-1.  Board of Complementary Health Care Providers; 
J.  Board of Counseling Professionals Licensure; 
K.  Board of Licensing of Dietetic Practice; 
L.  Electricians' Examining Board; 
M.  Board of Licensure of Foresters; 
N.  State Board of Funeral Service; 
O.  State Board of Certification for Geologists and Soil Scientists; 
Q.  Board of Licensure for Professional Land Surveyors; 
R.  Manufactured Housing Board; 
S.  Nursing Home Administrators Licensing Board; 
T.  Board of Occupational Therapy Practice; 
V.  Maine Board of Pharmacy; 
W.  Board of Examiners in Physical Therapy; 
Y.  Plumbers' Examining Board; 
Z.  Board of Licensure of Podiatric Medicine; 
AA.  State Board of Examiners of Psychologists; 
BB.  Radiologic Technology Board of Examiners; 
CC.  Board of Real Estate Appraisers; 
DD.  Board of Respiratory Care Practitioners; 
EE.  State Board of Social Worker Licensure; 
GG.  State Board of Alcohol and Drug Counselors; 
HH.  State Board of Veterinary Medicine; 
JJ.  Real Estate Commission; 
KK.  Board of Boilers and Pressure Vessels;  
LL.  Board of Elevator and Tramway Safety;  
MM.  Board of Speech, Audiology and Hearing; and 
NN.  Maine Fuel Board. 
The Office of Professional and Occupational Regulation also administers the following 
regulatory functions:  licensure of athletic trainers; licensure of massage therapists; 
licensure of interpreters for the deaf and hard-of-hearing; licensure of persons pursuant to 
the Charitable Solicitations Act; licensure of transient sellers, including door-to-door 
home repair transient sellers; and licensure of persons pursuant to the Barbering and 
Cosmetology Licensure Act; licensure of persons pursuant to the laws governing boiler 
and pressure vessel safety and elevator and tramway safety; and inspection and 
certification requirements for boilers, pressure vessels, elevators and tramways pursuant 
to the laws governing boiler and pressure vessel safety and elevator and tramway safety. 
Sec. B-2.  10 MRSA §9725, sub-§6, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
6.  Boiler and pressure vessel standards.  Boiler and pressure vessel standards 
adopted pursuant to Title 32, section 15104-A 15103-A; and  
Sec. B-3.  10 MRSA §9725, sub-§7, as enacted by PL 2007, c. 699, §6, is 
amended to read: 
7.  Elevator standards.  Elevator standards adopted pursuant to Title 32, section 
15206 15205-A. 
Sec. B-4.  26 MRSA §569, as amended by PL 1995, c. 560, Pt. H, §10 and affected 
by §17 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
§569.  Rules 
The rules formulated under this chapter may supplement, but do not supersede, the 
rules adopted by the former Board of Boiler Rules and, the former Board of Elevator and 
Tramway Safety or the Director of the Office of Professional and Occupational 
Regulation within the Department of Professional and Financial Regulation, whose 
rulemaking rule-making authority is clearly set forth in Title 32, chapters 131 and 133, 
respectively section 15103-A, and the rules adopted by the Department of Health and 
Human Services under the laws administered by that department. All rules must be 
adopted pursuant to the Maine Administrative Procedure Act. 
PART C 
Sec. C-1.  32 MRSA §15101, sub-§1, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is repealed. 
Sec. C-2.  32 MRSA §15101, sub-§2, as amended by PL 1999, c. 386, Pt. W, §3, 
is further amended to read: 
2.  Authorized inspector.  "Authorized inspector" means a person holding a license 
to inspect boilers and pressure vessels within this State issued under section 15108-A or a 
person, employed by a company licensed to insure boilers and pressure vessels in this 
State, holding a certificate to inspect boilers and pressure vessels within this State issued 
under section 15120. 
Sec. C-3.  32 MRSA §15101, sub-§3, as amended by PL 1999, c. 386, Pt. W, §3, 
is repealed. 
Sec. C-4.  32 MRSA §15101, sub-§8, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is amended to read: 
8.  Deputy inspector.  "Deputy inspector" means a person, employed by the State 
and supervised by the chief inspector, authorized to inspect boilers and pressure vessels 
within this State. 
Sec. C-5.  32 MRSA §15101, sub-§8-A is enacted to read: 
8-A.  Director.  "Director" means the Director of the Office of Professional and 
Occupational Regulation within the department. 
Sec. C-6.  32 MRSA §15101-A is enacted to read: 
§15101-A.  Declaration of policy 
It is the policy of the State to protect its citizens from unnecessary mechanical 
hazards in the operation of boilers and pressure vessels and to ensure that reasonable 
design and construction are used, that accepted safety devices and sufficient personnel are 
provided and that periodic maintenance, inspections and adjustments considered essential 
for the safe operation of boilers and pressure vessels are made.  The responsibility for 
design, construction, maintenance and inspection rests with the firm, person, partnership, 
association, corporation or company that owns boilers and pressure vessels. 
Sec. C-7.  32 MRSA §15102, sub-§1, ¶E, as enacted by PL 1995, c. 560, Pt. H, 
§14 and affected by §17, is amended to read: 
E.  Steam heating boilers, hot water heating boilers and hot water supply boilers, 
except boilers located in schoolhouses or boilers owned by municipalities, 
constructed and installed in accordance with the rules adopted by the board director; 
or 
Sec. C-8.  32 MRSA §15102, sub-§1, ¶F, as enacted by PL 1995, c. 560, Pt. H, 
§14 and affected by §17, is amended to read: 
F.  Miniature boilers exempt by pursuant to section 15118 15103-A. 
Sec. C-9.  32 MRSA §15103, as amended by PL 2007, c. 402, Pt. MM, §1, is 
repealed. 
Sec. C-10.  32 MRSA §15103-A is enacted to read: 
§15103-A.  Director's powers and duties 
1.  Regulation.  The director shall administer, coordinate and enforce this chapter.  
The director may appoint an advisory committee to assist the director on any matter that 
may arise under this chapter, as needed. 
2.  Rule-making authority.  The director shall establish guidelines and adopt rules 
necessary for the proper administration and enforcement of 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 address, but are not limited to: 
A.  Requirements for the safe and proper construction, installation, repair, use and 
operation of boilers and pressure vessels in this State.  The rules must conform as 
nearly as practicable to the code; 
B.  Requirements for licensure of boiler operators, stationary steam engineers and 
authorized inspectors; 
C.  Qualifications of welders performing welding on boilers and pressure vessels; 
D.  Requirements for the method and frequency of boiler and pressure vessel 
inspections; 
E.  Requirements for the nature and size of miniature boilers or pressure vessels to be 
inspected; and 
F.  Criteria by which a temporary extension of an inspection certificate beyond 14 
months in the case of boilers and beyond 38 months in the case of pressure vessels 
may be authorized. 
Sec. C-11.  32 MRSA §15104-A, as amended by PL 2007, c. 402, Pt. MM, §2, is 
repealed. 
Sec. C-12.  32 MRSA §15104-B, as amended by PL 2007, c. 695, Pt. B, §20 and 
PL 2011, c. 286, Pt. B, §5, is further amended to read: 
§15104-B.  Appeals; variances 
A person aggrieved by an order or act of the chief inspector or a deputy inspector 
under this chapter may, within 15 days after notice of the order or act, appeal from the 
order or act to the board director, which who shall hold a hearing pursuant to Title 5, 
chapter 375, subchapter IV 4.  After the hearing, the board director shall issue an 
appropriate order either approving or disapproving the order or act. 
A person who is or will be aggrieved by the application of any law, code or rule 
relating to the installation or alteration of boilers and pressure vessels may file a petition 
for a variance, whether compliance with that provision is required at the time of filing or 
at the time that provision becomes effective.  The filing fee for a petition for a variance 
must be set by the Director of the Office of Professional and Occupational Regulation 
director under section 15104-C.  The chief inspector may grant a variance if, owing to 
conditions especially affecting the particular boiler or pressure vessel involved, the 
enforcement of any law, code or rule relating to boilers or pressure vessels would do 
manifest injustice or cause substantial hardship, financial or otherwise, to the petitioner or 
would be unreasonable under the circumstances as long as desirable relief may be granted 
without substantial detriment to the public good and without nullifying or substantially 
derogating from the intent or purpose of that law, code or rule.  In granting a variance 
under this section, the chief inspector may impose limitations both of time and of use, and 
a continuation of the use permitted may be conditioned upon compliance with rules made 
and amended from time to time.  A copy of the decision must be sent to all interested 
parties. 
Sec. C-13.  32 MRSA §15104-C, as enacted by PL 2007, c. 402, Pt. MM, §3 and 
amended by PL 2011, c. 286, Pt. B, §5, is further amended to read: 
§15104-C.  Fees 
The Director of the Office of Professional and Occupational Regulation within the 
department director 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 accreditation review, facility review or inspection of any one boiler or 
pressure vessel may not exceed $500, the fee for any shop inspection may not exceed 
$3,000, the fee for an inspection certificate for any one boiler or pressure vessel may not 
exceed $100, the fee for a late inspection or a late certificate may not exceed $250 and the 
fee for any other purpose may not exceed $150 triennially.  Rules adopted pursuant to this 
section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. C-14.  32 MRSA §15105, as amended by PL 2007, c. 402, Pt. MM, §4, is 
further amended to read: 
§15105.  Installation of new boilers and pressure vessels 
A new boiler or pressure vessel that does not conform to the rules adopted by the 
board director governing new installations may not be installed in this State. 
Unless otherwise exempt, all new boilers and pressure vessels to be installed must be 
inspected during construction by an inspector authorized to inspect boilers in this State, 
or, if constructed outside the State, by an inspector holding a license from this State or an 
inspector who holds a certificate of inspection issued by the National Board of Boiler and 
Pressure Vessel Inspectors, or its successor or other organization approved by the board 
director. 
Sec. C-15.  32 MRSA §15108-A, as amended by PL 2007, c. 695, Pt. B, §21, is 
repealed. 
Sec. C-16.  32 MRSA §15108-C, first ¶, as enacted by PL 2007, c. 402, Pt. MM, 
§6, is amended to read: 
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, 
paragraph A, the board director may deny a license, refuse to renew a license or impose 
the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for: 
Sec. C-17.  32 MRSA §15109, sub-§2-A, as amended by PL 2007, c. 402, Pt. 
MM, §7, is further amended to read: 
2-A.  Licenses.  In order to safeguard life, health and property, the board director 
shall provide for the mandatory licensing of stationary steam engineers and boiler 
operators.  This subsection does not apply to: 
A.  Persons operating boilers exempt under section 15102; 
B.  Persons employed by entities under the jurisdiction of the Public Utilities 
Commission or the United States Nuclear Regulatory Commission, or its successor or 
other organization approved by the board director; or 
C.  Persons operating steam heating boilers, hot water heating boilers and hot water 
supply boilers located in schoolhouses or owned by municipalities. 
Sec. C-18.  32 MRSA §15109, sub-§3, as amended by PL 2007, c. 402, Pt. MM, 
§8, is further amended to read: 
3.  Issuance of license. The board director shall issue a license to an applicant in the 
grade requested, upon payment of the application fee and license fee as set under section 
15104-C, if the applicant has satisfactorily met the examination and other requirements of 
this section. 
A.  A license is valid for 3 years from the date of issuance.  A license must designate 
the name of the holder, the license number, the grade of license, the issuing date and 
the expiration date. Any license issued under this chapter is automatically renewable 
upon payment of the renewal fee as set under section 15104-C.  The expiration dates 
for licenses issued under this chapter may be established at such other times as the 
commissioner may designate. A license expires on the date set by the commissioner 
pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the 
license is issued.  A license may be renewed upon receipt of the application for 
renewal and payment of the renewal fee as set in section 15104-C. 
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 as set under section 15104-C.  Any person 
who submits an application for renewal more than 90 days after the license expiration 
date shall pay an additional late fee as set under section 15104-C and is subject to all 
requirements governing new applicants under this chapter, except that the board may 
in its discretion, director, after giving due consideration to the protection of the 
public, may waive examination or other requirements.  Notwithstanding any other 
provision of this chapter, the board director 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 that person's license because that person was on active duty in the Armed 
Forces; except that the waiver of examination may not be granted if the person served 
more than 4 years in the Armed Forces, except if that person is required by some 
mandatory provision to serve a longer period and that person submits satisfactory 
evidence of this mandatory provision to the board director. 
B.  The license certificate must be displayed in plain view in the plant where the 
licensee is employed. 
C.  The board director shall determine the eligibility for licensure of any applicant 
who holds a current stationary steam engineering license issued by the proper 
authority of any state, territory or possession of the United States, the District of 
Columbia or Canada that has requirements equal to those of this State and recognizes 
the license issued by this State without further examination.  The board director shall 
certify as eligible for a license any applicant who holds a current Canadian marine or 
United States Coast Guard marine engineer's license and who has worked as a boiler 
engineer or operator 3 of the last 5 years prior to application. The applicant bears the 
burden of proving those matters necessary for a license based on reciprocity. 
Sec. C-19.  32 MRSA §15109, sub-§6-A, as amended by PL 2007, c. 402, Pt. 
MM, §11, is further amended to read: 
6-A.  Examinations.  Applicants for licensure shall present to the board director a 
written application for examination accompanied by an application fee and examination 
the required fee as set under section 15104-C.  Examinations must be in whole or in part 
in writing and of a thorough and practical character commensurate with the 
responsibilities of the prospective license holder. 
The board shall establish by rule cutoff dates for applications for examination. 
The passing grade on any examination may not be less than 70%.  A candidate failing one 
examination may apply for reexamination, which may be granted upon payment of the 
fee established under section 15104-C. 
Sec. C-20.  32 MRSA §15109, sub-§7, ¶B, as amended by PL 2007, c. 402, Pt. 
MM, §12, is further amended to read: 
B.  The holder of a boiler operator's license may operate, supervise or have charge of 
a heating plant having a capacity of not more than 20,000 #/HR or operate or 
supervise a plant up to the capacity of the license of the engineer in charge of the 
plant in which the licensee is employed.  The applicant for a boiler operator's license 
must have 6 months' operating experience prior to examination under a boiler 
operator's training permit.  The board director shall issue a permit for the purpose of 
gaining that experience upon receipt of an application fee and permit the required fee 
as set under section 15104-C.  Such a permit must be limited to a specified plant and 
must be limited to one year.  The board director may extend the permit for a period 
not to exceed one year under unusual circumstances.  The board director may allow 
the owner of a small plant to sit for the boiler operator's examination without first 
obtaining a boiler operator's training permit. 
Sec. C-21.  32 MRSA §15109, sub-§7, ¶G, as amended by PL 2001, c. 323, §38, 
is further amended to read: 
G.  One year of schooling in the field of boiler operation in a school approved by the 
board director is equivalent to 6 months of operating experience.  The board director 
may conduct an accreditation review of the technical school.  The technical school 
shall pay a fee for the accreditation review. 
Sec. C-22.  32 MRSA §15109, sub-§7, ¶¶H and I, as amended by PL 1999, c. 
386, Pt. W, §18, are further amended to read: 
H.  In the event of a lack of qualified personnel in the plant in which the applicant is 
employed, the board director may waive the operating experience requirements of the 
applicant for examination for the next higher grade of license.  Any such license 
issued must be limited to that plant. 
I.  Notwithstanding the provisions of this subsection, the board director may permit 
an applicant to take the examination for a license if, in the board's director's opinion, 
the experience or educational qualifications, or both, of the applicant are equivalent 
to the operating experience required by this subsection. 
Sec. C-23.  32 MRSA §15109, sub-§8, as amended by PL 2007, c. 402, Pt. MM, 
§13, is repealed. 
Sec. C-24.  32 MRSA §15110, as amended by PL 2001, c. 323, §§40 and 41, is 
further amended to read: 
§15110.  Welding on boilers and pressure vessels; certificates for welders 
A welder may not make welded repairs to any boiler or pressure vessel covered by 
this chapter, without first receiving authorization from the chief inspector or the 
authorized inspector employed by the insurance company responsible for the inspection 
of the boiler or pressure vessel.  The authorization may be in the form of a general 
agreement between the chief inspector or the appropriate authorized inspector and the 
owner or the owner's representative. 
The board may adopt rules, pursuant to the Maine Administrative Procedure Act, 
relating to qualifications of welders performing welding for compensation and may 
conduct examinations and issue certificates.  A fee may be charged for those 
examinations and certificates. 
The board director may conduct a welding test facility review.  The welding test 
facility shall pay the required fee for the review. 
Sec. C-25.  32 MRSA §15111, as amended by PL 1999, c. 386, Pt. W, §22, is 
further amended to read: 
§15111.  Operation of condemned vessels 
A boiler or pressure vessel that has been condemned for further use in this or any 
other state by a licensed boiler an authorized inspector employed by an insurance 
company or by an inspector authorized to inspect boilers by a state or the Federal 
Government may not be installed or operated in this State. 
Sec. C-26.  32 MRSA §15112, first ¶, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is amended to read: 
A boiler or pressure vessel condemned in this State must be stamped "XXX Me.," 
and the board chief inspector must immediately be notified of the condemnation. 
Sec. C-27.  32 MRSA §15113, as amended by PL 2001, c. 323, §42, is further 
amended to read: 
§15113.  Registration; stamping 
A boiler, except one exempt under section 15102, may not be operated in this State 
unless the boiler is registered in the office of the board director upon blanks to be 
furnished by the board director upon request.  The completed blanks must contain 
information regarding maker's name, type of construction, date of construction, age, 
location and when last inspected and other information as may be required. 
A pressure vessel, except those exempt under section 15102, may not be installed and 
operated in this State after June 30, 1974, unless it is constructed, inspected and stamped 
in conformity with Section VIII of the code and is registered with and approved by the 
board director. 
The board director may conduct shop inspections.  The shop shall pay the required 
fee for the inspection. 
A pressure vessel that does not bear the code stamping may be registered with and 
approved by the board director, if the person desiring to install the vessel makes 
application to the board director and files a copy of the manufacturer's data report or a 
copy of the construction details together with material specifications for review and 
approval prior to installation. 
After a boiler or pressure vessel has been registered with the board director, the board 
director shall furnish and the owner or user shall stamp or have stamped a number as 
given, on the shell of the boiler in the space commonly used for such purposes, with 
letters and figures not less than 3/8 of an inch high. 
If a boiler or pressure vessel subject to this section is moved from one location to 
another, notice must be given the board director of the removal and of the new location in 
which the boiler or pressure vessel is to be set up. 
Sec. C-28.  32 MRSA §15115, as amended by PL 1999, c. 386, Pt. W, §25, is 
further amended to read: 
§15115.  Temporary certificate 
If an emergency affecting public safety and welfare exists, the board may authorize 
the chief inspector to may issue a temporary inspection certificate for a period not 
exceeding 6 months after an inspection certificate has expired.  A temporary inspection 
certificate may be issued without an internal inspection being made. If the boiler or 
pressure vessel is insured, the temporary inspection certificate may not be issued until 
recommended in writing by the authorized inspector of the company insuring the boiler 
or pressure vessel and by the chief inspector or one of the deputies; or, if the boiler or 
pressure vessel is not insured, the temporary inspection certificate must be recommended 
in writing by at least 2 authorized state inspectors.  The provisions as to posting of the 
inspection certificate apply to the temporary inspection certificate. 
Sec. C-29.  32 MRSA §15116, as amended by PL 1999, c. 687, Pt. E, §15, is 
further amended to read: 
§15116.  Insurance 
When a boiler or pressure vessel is insured and inspected by a duly accredited 
insurance company licensed to do business in this State, a copy of the record of each 
certificate inspection of the boiler or pressure vessel must be filed with the board director. 
When an insurance company cancels insurance upon any boiler or pressure vessel 
requiring inspection under section 15117 that is not exempt under section 15102 or the 
policy expires and is not renewed, notice must immediately be given to the board 
director. An insurance company shall notify the board director immediately upon insuring 
a boiler or pressure vessel pursuant to this section. 
Sec. C-30.  32 MRSA §15117, as amended by PL 2007, c. 695, Pt. B, §22, is 
further amended to read: 
§15117.  Inspection required; certificates issued 
Each boiler or pressure vessel used or proposed for use within this State, except 
boilers or pressure vessels exempt under section 15102, must be thoroughly inspected by 
the chief inspector, a deputy inspector or an authorized inspector, as to its design, 
construction, installation, condition and operation.  The board shall adopt rules pursuant 
to the Maine Administrative Procedure Act specifying the method and frequency of 
inspection.  When any boiler or pressure vessel inspected as specified by the board 
director is found to be suitable and to conform to the rules of the board director, the chief 
inspector shall issue to the owner or user of that boiler or pressure vessel, upon payment 
of a fee to the board director, an inspection certificate for each boiler or pressure vessel.  
The fee under section 15104-C must be set by the director.  Inspection certificates must 
specify the maximum pressure that the boiler or pressure vessel inspected is allowed to 
carry. The inspection certificate may be valid for not more than 14 months from the date 
of inspection in the case of boilers and 38 months from the date of inspection in the case 
of pressure vessels and must be posted under glass in the engine or boiler room 
containing the boiler or pressure vessel or an engine operated by it or, in the case of a 
portable boiler, in the office of the plant where it is temporarily located.  The board may 
adopt rules setting forth criteria by which a temporary extension of an inspection 
certificate beyond 14 months in the case of boilers and beyond 38 months in the case of 
pressure vessels may be authorized.  Rules adopted pursuant to this section are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
In accordance with the provisions of the Maine Administrative Procedure Act, the 
chief inspector or any deputy inspector may at any time suspend an inspection certificate 
when, in the inspector's opinion, the boiler or pressure vessel for which it was issued may 
not continue to be operated without menace to the public safety.  A licensed An 
authorized inspector has corresponding powers with respect to inspection certificates for 
boilers and pressure vessels insured by the company employing the inspector. 
Sec. C-31.  32 MRSA §15118, first ¶, as amended by PL 2007, c. 402, Pt. MM, 
§16, is further amended to read: 
The owner or user of each boiler or pressure vessel required by this chapter to be 
inspected by the chief inspector or a deputy inspector shall pay to the inspector upon an 
inspection a fee or fees as set under section 15104-C.  Not more than one inspection fee 
may be collected for the inspection of any one boiler or pressure vessel made in any one 
year, unless additional inspections are required by the owners or users of the boiler or 
pressure vessel or unless the boiler or pressure vessel has been inspected and an 
inspection certificate has been refused, withheld or withdrawn or unless an additional 
inspection is required because of the change of location of a stationary boiler or pressure 
vessel.  The nature and size of miniature boilers or pressure vessels to be inspected may 
be determined by the board. 
Sec. C-32.  32 MRSA §15119, sub-§3, as amended by PL 2001, c. 573, Pt. A, §6, 
is further amended to read: 
3.  Enforce laws and rules.  Enforce the laws of the State governing the use of 
boilers and pressure vessels and enforce the rules of the board director; and 
Sec. C-33.  32 MRSA §15119, sub-§5, as enacted by PL 2001, c. 573, Pt. A, §7, 
is amended to read: 
5.  Order uninspected or unrepaired boilers and pressure vessels out of service.  
In addition to the chief inspector's powers under section 15117, order that a boiler or 
pressure vessel be taken out of service if an inspection report is not submitted to the board 
chief inspector as required by section 15121, subsection 1, if the inspection certificate fee 
is not submitted as required by section 15121, subsection 2 or if the owner fails to make 
repairs as required by the board chief inspector. 
Sec. C-34.  32 MRSA §15120, as amended by PL 2007, c. 402, Pt. MM, §17, is 
repealed and the following enacted in its place: 
§15120.  Authorized inspectors 
1.  Issue license.  The director shall, upon the request of an individual who works for 
a company authorized to insure against loss from explosion of boilers or pressure vessels 
in this State, issue to the boiler inspector of the company a license to inspect boilers and 
pressure vessels as an authorized inspector, upon payment of the fee as set under section 
15104-C, if the boiler inspector has satisfactorily met the examination and other 
requirements as specified by this section and rule.  The boiler inspector must have a 
current commission issued by the National Board of Boiler and Pressure Vessel 
Inspectors, or its successor. 
2.  Not entitled to compensation by State.  Authorized inspectors are not entitled to 
receive a salary from, nor may any of their expenses be paid by, the State. 
3.  Conditions.  The continuance of an authorized inspector's license is conditioned 
upon the authorized inspector continuing in the employ of a boiler inspection and 
insurance company duly authorized and upon maintenance of the standards imposed by 
this chapter. 
4.  Exempt from fees.  Authorized inspectors shall inspect all boilers and pressure 
vessels insured by their respective companies, and the owners or users of those insured 
boilers are exempt from the payment of the fees provided for in section 15118. 
5.  Additional inspections authorized.  Authorized inspectors may, with the 
permission of the chief inspector, also inspect boilers and pressure vessels for which an 
application for insurance against loss from explosion of boilers or pressure vessels has 
been made or when a new boiler or pressure vessel is installed at an insured location and 
the prospective insured owner or user is exempt from the payment of fees provided for in 
section 15118. 
6.  Report to chief inspector.  Each company employing authorized inspectors shall, 
within 30 days following each certificate inspection made by the inspectors, file a report 
of the inspection with the chief inspector. 
Sec. C-35.  32 MRSA §15121, as amended by PL 2007, c. 402, Pt. MM, §§18 and 
and PL 2011, c. 286, Pt. B, §5, is further amended to read: 
§15121.  Duties of owners of boilers and pressure vessels 
1.  Responsibility for inspection.  It is the responsibility of the owner to arrange for 
an inspection of a boiler or pressure vessel and to prepare the boiler or pressure vessel for 
inspection.  The late inspection fee set by the Director of the Office of Professional and 
Occupational Regulation within the department director under section 15104-C may be 
assessed against the owner if an inspection report is not submitted within 60 days of the 
expiration of the most recent inspection certificate. 
2.  Obtain inspection certificate.  The owner of a boiler or pressure vessel shall 
submit the inspection certificate fee as set under section 15104-C within 60 days of 
notification from the board director that the inspection report required under section 
15120 has been received by the board director.  Failure to submit the required fee within 
the 60 days provided may result in the assessment of a late certificate fee as set under 
section 15104-C. 
3.  Failure to qualify for inspection certificate.  The owner of a boiler or pressure 
vessel that does not qualify for an inspection certificate shall take the boiler or pressure 
vessel out of operation until the required repairs have been made and a new inspection 
certificate has been issued. 
4.  Notify director when required repairs made.  The owner of a boiler or pressure 
vessel shall notify the board director when required repairs have been made and provide 
the board director with satisfactory evidence of completion. 
5.  Notify director when boiler or pressure vessel removed.  The owner of a boiler 
or pressure vessel shall notify the board director within 30 days of the removal of the 
boiler or pressure vessel. 
6.  Change of ownership.  The owner of a boiler or pressure vessel shall notify the 
board director of a transfer of ownership within 30 days of such a transfer. 
7.  Failure to comply.  In addition to the remedies available under this chapter, an 
owner of a boiler or pressure vessel who fails to comply with the provisions of this 
chapter or rules adopted by the board director is subject to the provisions of Title 10, 
section 8003, subsection 5 whether or not the boiler or pressure vessel has a current 
inspection certificate, except that, notwithstanding Title 10, section 8003, subsection 5, 
paragraph A-1, subparagraph 3, a civil penalty of up to $3,000 may be imposed for each 
violation. 
Sec. C-36.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 32, chapter 131, in the chapter headnote, the words 
"board of boilers and pressure vessels" are amended to read "boilers and pressure vessels" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
PART D 
Sec. D-1.  32 MRSA §15202, sub-§1, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is repealed. 
Sec. D-2.  32 MRSA §15202, sub-§2, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is repealed. 
Sec. D-3.  32 MRSA §15202, sub-§4-C, as enacted by PL 2001, c. 573, Pt. B, §2 
and affected by §36 and amended by PL 2011, c. 286, Pt. B, §5, is further amended to 
read: 
4-C.  Director.  "Director" means the Director of the Office of Professional and 
Occupational Regulation within the department. 
Sec. D-4.  32 MRSA §15202, sub-§7-B, as enacted by PL 2001, c. 573, Pt. B, §4 
and affected by §36, is amended to read: 
7-B.  Licensed private elevator inspector.  "Licensed private elevator inspector" or 
"licensed private elevator and lift inspector" means an individual who has been licensed 
by the board director to inspect elevators pursuant to this chapter and who is not a state 
employee whose duty is to inspect elevators. 
Sec. D-5.  32 MRSA §15202, sub-§8, as amended by PL 2001, c. 573, Pt. B, §5 
and affected by §36, is further amended to read: 
8.  Licensed private tramway inspector.  "Licensed private tramway inspector" 
means an individual who has been licensed by the Board of Elevator and Tramway Safety 
director to inspect tramways pursuant to this chapter and who is not a state employee 
whose duty is to inspect tramways. 
Sec. D-6.  32 MRSA §15203, first ¶, as amended by PL 2001, c. 573, Pt. B, §9 
and affected by §36, is further amended to read: 
This chapter may not be construed to prevent the use or sale of elevators in this State 
that were being used or installed prior to January 1, 1950 and that have been made to 
conform to the rules of the board director covering existing installations and must be 
inspected as provided for in this chapter. 
Sec. D-7.  32 MRSA §15204, first ¶, as amended by PL 2001, c. 573, Pt. B, §10 
and affected by §36, is further amended to read: 
A person aggrieved by an order or act of the chief inspector or a deputy inspector 
under this chapter may, within 15 days after notice of the order or act, appeal from the 
order or act to the board director, which who shall hold a hearing pursuant to Title 5, 
chapter 375, subchapter IV 4.  After the hearing, the board director shall issue an 
appropriate order either approving or disapproving the order or act. 
Sec. D-8.  32 MRSA §15205, as amended by PL 2007, c. 402, Pt. NN, §1, is 
repealed. 
Sec. D-9.  32 MRSA §15205-A is enacted to read: 
§15205-A.  Director's powers and duties 
1.  Regulation.  The director shall administer, coordinate and enforce this chapter.  
The director may appoint an advisory committee to assist the director on any matter that 
may arise under this chapter, as needed. 
2.  Rule-making authority.  The director shall establish guidelines and adopt rules 
necessary for the proper administration and enforcement of 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 address, but are not limited to: 
A.  Requirements for the safe and proper construction, installation, alteration, repair, 
use, operation and inspection of elevators and tramways in this State.  The rules must 
include standards for the review and audit of inspections performed by licensed 
private elevator inspectors not employed by the State.  The rules must conform as 
nearly as practicable to the established standards as approved by the American 
National Standards Institute or its successor or other organization approved by the 
director; 
B.  Requirements for licensure and renewal of private elevator and lift inspectors, 
including requirements for examination and continuing education; and 
C.  Requirements for licensure and renewal of elevator and lift mechanics, including 
requirements for examination and continuing education. 
Sec. D-10.  32 MRSA §15206, as amended by PL 2007, c. 402, Pt. NN, §2, is 
repealed. 
Sec. D-11.  32 MRSA §15206-A, as repealed and replaced by PL 2007, c. 402, Pt. 
NN, §3, is amended to read: 
§15206-A.  Denial or refusal to renew license; disciplinary action 
The board director 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. 
Sec. D-12.  32 MRSA §15208, first ¶, as repealed and replaced by PL 2001, c. 
573, Pt. B, §13 and affected by §36, is amended to read: 
The board director shall set standards necessary for the licensure and renewal of 
private elevator and lift inspectors.  The board may adopt rules relating to the 
qualifications for licensure and renewal of private elevator and lift inspectors, including 
requirements for examination and continuing education.  Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.  The 
fee for applications, examinations, licenses and renewals must be established by the 
director pursuant to section 15225-A and Title 10, section 8003, subsection 2-A, 
paragraph D.  Licenses are issued for a period of one year. 
Sec. D-13.  32 MRSA §15208-A, as enacted by PL 2001, c. 573, Pt. B, §14 and 
affected by §36, is amended to read: 
§15208-A.  Registration of elevator contractors 
Any person, firm, partnership, association, corporation or company engaged in the 
installation, sale, service, maintenance or inspection of elevators in this State shall 
register with the board annually director.  The registration must be submitted on a form 
provided by the board director and must include the names and addresses of all licensed 
private inspectors, licensed mechanics and all helpers employed by the elevator 
contractor.  An elevator contractor shall notify the board director of any change in the 
information required under this section within 30 days of the change.  The required fee 
for registration must be set by the director under section 15225-A. 
Sec. D-14.  32 MRSA §15209, first ¶, as amended by PL 2001, c. 573, Pt. B, §15 
and affected by §36, is further amended to read: 
The board director shall license an applicant as a private tramway inspector, who may 
perform the inspections required on tramways, if that applicant: 
Sec. D-15.  32 MRSA §15209, sub-§1, as amended by PL 2001, c. 573, Pt. B, 
§15 and affected by §36, is further amended to read: 
1.  Registration.  Is a professional engineer with a current valid registration in some 
state.  If an applicant for a private tramway inspector's license demonstrates to the board 
director that the applicant possesses more than 6 years' experience in the construction, 
design, inspection and operation of tramways, this registration requirement may be 
waived by the board director; 
Sec. D-16.  32 MRSA §15209, sub-§5, as amended by PL 2001, c. 573, Pt. B, 
§15 and affected by §36, is further amended to read: 
5.  Examination.  Has sufficient experience and knowledge to achieve a satisfactory 
rating in an examination designed to test the applicant's knowledge of orders and 
principles of tramway safety.  When an applicant for a private tramway inspector's license 
demonstrates more than 6 years' experience in the construction, design, inspection and 
operation of tramways, the provisions for examination must may be waived. 
A.  The examination for a licensed private tramway inspector must be given by the 
chief inspector or by 2 or more examiners appointed by the chief inspector.  The 
examination must be written, in whole or in part, and must be confined to questions 
the answers to which will aid in determining the fitness and competency of the 
applicant for the intended service and must be of uniform standard throughout the 
State. 
C.  A private tramway inspector's license is issued for a period of one year.  The 
license fee must be set by the director under section 15225-A. 
D.  Applications for examination and license must be on forms furnished by the board 
director.  The examination fee for a private tramway inspector's license must be set 
by the director under section 15225-A. 
Sec. D-17.  32 MRSA §15209-A, as amended by PL 2001, c. 573, Pt. B, §16 and 
affected by §36, is further amended to read: 
§15209-A.  Private wire rope inspectors; licenses 
The board shall director may issue a license to an applicant as a private wire rope 
inspector, who may perform the inspections required for each tramway equipped with 
wire rope, if that applicant has a total of 5 years' experience in wire rope manufacture, 
installation, maintenance or inspection and meets the requirements of this chapter and 
rules adopted by the director.  A private wire rope inspector's license is issued for a 
period of one year.  The license fee must be set by the director under section 15225-A. 
Sec. D-18.  32 MRSA §15210, as amended by PL 2007, c. 402, Pt. NN, §4, is 
further amended to read: 
§15210.  Revocation of private tramway or elevator inspector's license 
The board director may revoke a private tramway, elevator or lift inspection 
inspector's license or remove inspection endorsements from an elevator or lift mechanic's 
license for the following causes: 
1.  Failure to submit true reports.  For failure to submit true reports concerning the 
conditions of a tramway or elevator or for conduct determined by the board director to be 
contrary to the best interests of tramway or elevator safety or the board director; and 
2.  Physical infirmities.  For physical infirmities that develop to a point at which it 
appears that an inspector or mechanic is no longer able to perform the required duties in a 
thorough and safe manner; or. 
Sec. D-19.  32 MRSA §15211, sub-§1, as enacted by PL 2001, c. 573, Pt. B, §18 
and affected by §36, is amended to read: 
1.  Reporting accidents.  Each elevator or tramway accident that is caused by 
equipment failure or results in significant injury to a person or results in substantial 
damage to equipment must be reported by the owner or lessee to the chief inspector in 
accordance with the board's director's rules. 
Sec. D-20.  32 MRSA §15213, first ¶, as amended by PL 2001, c. 573, Pt. B, §20 
and affected by §36, is further amended to read: 
A person may not service, repair, alter or install any elevator unless that person is 
licensed as an elevator or lift mechanic under this chapter.  Elevator work in industrial 
plants and manufacturing plants may be performed by plant personnel who are not 
licensed under this chapter if the work is supervised by the plant engineer and performed 
in compliance with rules adopted by the board director. 
Sec. D-21.  32 MRSA §15214, as amended by PL 2001, c. 573, Pt. B, §21 and 
affected by §36, is further amended to read: 
§15214.  Issuance; qualifications 
The board director shall issue an elevator or lift mechanic's license to any applicant 
who has at least 2 years' experience in the service, repair, alteration or installation of 
elevators and lifts while employed by an elevator company, or has equivalent experience 
as defined by rules of the board director, and meets the requirements established pursuant 
to section 15216. 
A licensed elevator or lift mechanic may not have more than 2 helpers under direct 
supervision. These helpers need not be licensed. 
A licensed elevator or lift mechanic shall comply with the provisions of this chapter 
and the rules adopted by the board director.  Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter II-A. 
Sec. D-22.  32 MRSA §15216, as repealed and replaced by PL 2001, c. 573, Pt. B, 
§23 and affected by §36, is amended to read: 
§15216.  Examination of elevator or lift mechanics; applications; licenses; renewals 
The board director shall set standards necessary for the licensure and renewal of 
elevator or lift mechanics.  The board may adopt rules relating to the qualifications for 
licensure and renewal of elevator or lift mechanics, including requirements for 
examination and continuing education.  Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter II-A.  The fee for 
applications, examinations, licenses and renewals must be established by the director 
pursuant to section 15225-A and Title 10, section 8003, subsection 2-A, paragraph D.  
Licenses are issued for a period of one year. 
Sec. D-23.  32 MRSA §15216-C, 2nd ¶, as amended by PL 2007, c. 402, Pt. NN, 
§5, is further amended to read: 
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 as set under section 15225-A.  Any person who 
submits an application for renewal more than 90 days after the license expiration date 
must pay an additional late fee as set under section 15225-A and is subject to all 
requirements governing new applicants under this chapter, except that the board may in 
its discretion director, after giving due consideration to the protection of the public, may 
waive the examination and other requirements.   Notwithstanding any other provision of 
this chapter, the board director shall waive the 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 failed to renew that person's license 
because that person was on active duty in the Armed Forces; except that the waiver of 
examination may not be granted if the person served a period of more than 4 years in the 
Armed Forces, unless that person is required by some mandatory provision to serve a 
longer period and that person submits satisfactory evidence of this mandatory provision 
to the board director. 
Sec. D-24.  32 MRSA §15219, as enacted by PL 1995, c. 560, Pt. H, §14 and 
affected by §17, is repealed. 
Sec. D-25.  32 MRSA §15221, sub-§1, as amended by PL 2001, c. 573, Pt. B, 
§26 and affected by §36, is further amended to read: 
1.  Fees; inspection certificate.  Each elevator or tramway proposed to be used 
within this State must be thoroughly inspected by either the chief inspector, a deputy 
inspector or a licensed private elevator or tramway inspector and, if found to conform to 
the rules of the board director, the board director shall issue to the owner an inspection 
certificate.  Fees for inspection and certification of elevators and tramways must be set by 
the director under section 15225-A and must be paid by the owner of the elevator or 
tramway.  The certificate must specify the maximum load to which the elevator or 
tramway may be subjected, the date of its issuance and the date of its expiration.  The 
elevator certificate must be posted in the elevator and the tramway certificate at a 
conspicuous place in the machine area. 
Sec. D-26.  32 MRSA §15221, sub-§3, as amended by PL 2001, c. 573, Pt. B, 
§26 and affected by §36, is further amended to read: 
3.  Temporary suspension of inspection certificate; condemnation card.  When, 
in the inspector's opinion, the elevator or tramway can not continue to be operated 
without menace to the public safety, the chief inspector or deputy inspector may 
temporarily suspend an inspection certificate in accordance with Title 5, section 10004 
and post or direct the posting of a red card of condemnation at every entrance to the 
elevator or tramway.  The condemnation card is a warning to the public and must be of 
such type and dimensions as the board director determines.  The suspension continues, 
pending decision on any application with the District Court for a further suspension.  The 
condemnation card may be removed only by the inspector posting it or by the chief 
inspector. 
Sec. D-27.  32 MRSA §15221, sub-§4, as amended by PL 1999, c. 386, Pt. X, 
§18, is further amended to read: 
4.  Special certificate; special conditions.  When, upon inspection, an elevator or 
tramway is found by the inspector to be in reasonably safe condition but not in full 
compliance with the rules of the board director, the inspector shall certify to the chief 
inspector the inspector's findings and the chief inspector may issue a special certificate, to 
be posted as required in this section.  This certificate must set forth any special conditions 
under which the elevator or tramway may be operated. 
Sec. D-28.  32 MRSA §15221, sub-§5, as amended by PL 2001, c. 573, Pt. B, 
§26 and affected by §36, is further amended to read: 
5.  Inspection reports.  Licensed private tramway and elevator inspectors shall 
submit inspection reports to the owner on a form provided by the board director within 15 
working days from the date of the inspection. 
Sec. D-29.  32 MRSA §15225-A, first ¶, as repealed and replaced by PL 2007, c. 
402, Pt. NN, §6 and amended by PL 2011, c. 286, Pt. B, §5, is further amended to read: 
The Director of the Office of Professional and Occupational Regulation within the 
Department of Professional and Financial Regulation director 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 other than permit 
and inspection fees may not exceed $500.  Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. D-30.  32 MRSA §15226, as amended by PL 2001, c. 573, Pt. B, §31 and 
affected by §36, is further amended to read: 
§15226.  Reports by inspectors 
A deputy inspector or licensed private inspector shall make a full report to the chief 
inspector, giving all data required by the rules adopted by the board director and shall 
report to the chief inspector and to the owner all defects found and all noncompliances 
with the rules.  When any serious infraction of the rules is found by a deputy inspector or 
licensed private inspector and that infraction is, in the opinion of the inspector, dangerous 
to life, limb or property, the inspector shall report that infraction immediately to the chief 
inspector. 
Sec. D-31.  32 MRSA §15227, first ¶, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is amended to read: 
The board director is authorized to investigate all elevator and tramway accidents that 
result in injury to a person or in damage to the installation. 
Sec. D-32.  32 MRSA §15227, sub-§1, as enacted by PL 1995, c. 560, Pt. H, §14 
and affected by §17, is amended to read: 
1.  Enforce laws and rules.  To enforce the laws of the State governing the use of 
elevators and tramways and to enforce adopted rules of the board director; 
Sec. D-33.  32 MRSA §15227, sub-§4, as amended by PL 2001, c. 573, Pt. B, 
§33 and affected by §36, is further amended to read: 
4.  Certificates.  To issue and temporarily suspend certificates allowing elevators and 
tramways to be operated pursuant to Title 5, chapter 375; and 
Sec. D-34.  32 MRSA §15227, sub-§5, as amended by PL 2001, c. 573, Pt. B, 
§33 and affected by §36, is repealed. 
Sec. D-35.  32 MRSA §15227, sub-§6, as enacted by PL 2001, c. 573, Pt. B, §34 
and affected by §36, is amended to read: 
6.  Take uninspected or unrepaired elevators and tramways out of service.  To 
take an elevator or tramway out of service in accordance with Title 5, section 10004 if an 
inspection report has not been submitted to the board director within 60 days of the 
expiration of the most recent certificate or if the owner has failed to make repairs as 
required by the board director.  This power is in addition to the chief inspector's powers 
under section 15221, subsection 3. 
Sec. D-36.  32 MRSA §15228, sub-§1, as enacted by PL 2001, c. 178, §1, is 
amended to read: 
1.  Requirements.  Notwithstanding section 15206 15205-A, whenever a passenger 
elevator is installed in a building being newly constructed or in a new addition that 
extends beyond the exterior walls of an existing building, the passenger elevator must 
reach all levels within the building and be of sufficient size to allow the transport of a 
person on an ambulance stretcher in the fully supine position, without having to raise, 
lower or bend the stretcher in any way.  This requirement applies to all plans approved by 
the board after January 1, 2002.  The board director shall adopt rules necessary to carry 
out the provisions of this section.  Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A. 
Sec. D-37.  32 MRSA §15229, as enacted by PL 2001, c. 573, Pt. B, §35 and 
affected by §36, is amended to read: 
§15229.  Duties of owners of elevators or tramways 
1.  Owner responsibility.  The responsibility for design, construction, maintenance 
and inspection of an elevator or tramway rests with the person, firm, partnership, 
association, corporation or company that owns the elevator or tramway. 
2.  Obtain inspection certificate.  The owner of an elevator or tramway shall submit 
an annual application for an annual inspection certificate together with the inspection 
report within 30 business days of the inspection and prior to the expiration of the current 
certificate.  The application must be on a form provided by the board director and must be 
accompanied by the required fee set by the director under section 15225-A. A late fee set 
by the director under section 15225-A may be assessed for failure to submit the 
application and inspection report in a timely manner. 
3.  Failure to qualify for inspection certificate.  The owner of an elevator or 
tramway that does not qualify for an inspection certificate shall take the elevator or 
tramway out of operation until the required repairs have been made and a new inspection 
certificate has been issued. 
4.  Notify director when required repairs made.  The owner of an elevator or 
tramway shall notify the board director when required repairs have been made and 
provide the board director with satisfactory evidence of completion. 
5.  Elevator or tramway declared idle or placed out of service.  The owner of an 
elevator or tramway that has been declared idle or placed out of service in accordance 
with rules adopted by the board director shall notify the board director within 30 days of 
declaring the elevator or tramway idle. 
6.  Removal.  The owner of an elevator or tramway shall notify the board director 
within 30 days of the removal of the elevator or tramway. 
7.  Change of ownership. The owner of record of an elevator or tramway shall notify 
the board director of a transfer of ownership of an elevator within 30 days of such 
transfer. The new owner shall apply, on a form provided by the board director, for a new 
inspection certificate that will be issued without the need for an additional inspection for 
the remainder of the term of the current certificate. A fee for issuance of a new inspection 
certificate may be set by the director under section 15225-A. 
8.  Failure to comply.  In addition to the remedies available under this chapter, an 
owner who fails to comply with the provisions of this chapter or rules adopted by the 
board director is subject to the provisions of Title 10, section 8003, subsection 5 whether 
or not the elevator or tramway has a current inspection certificate, except that, 
notwithstanding Title 10, section 8003, subsection 5, paragraph A-1, subparagraph 3, a 
civil penalty of up to $3,000 may be imposed for each violation. 
Sec. D-38.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 32, chapter 133, in the chapter headnote, the words 
"board of elevator and tramway safety" are amended to read "elevator and tramway 
safety" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
PART E 
Sec. E-1.  Transition provisions.  The following provisions govern the 
elimination of the Board of Boilers and Pressure Vessels and Board of Elevator and 
Tramway Safety and the transfer of their authority to enforce the Maine Revised Statutes, 
Title 32, chapters 131 and 133, respectively, to the Department of Professional and 
Financial Regulation. 
1.  Successor.  The Director of the Office of Professional and Occupational 
Regulation within the Department of Professional and Financial Regulation is the 
successor in every way to the powers, duties and functions of the Board of Boilers and 
Pressure Vessels and Board of Elevator and Tramway Safety. 
2.  Rules.  The rules of the Board of Boilers and Pressure Vessels and Board of 
Elevator and Tramway Safety that were in effect on the effective date of this Act are 
deemed to be rules adopted by the director and remain in effect until amended or repealed 
by the director. 
3.  Licenses.  All licenses issued by the Board of Boilers and Pressure Vessels and 
Board of Elevator and Tramway Safety remain valid and are subject to license renewal 
requirements.  
4.  Board membership.  The terms of members of the Board of Boilers and Pressure 
Vessels and Board of Elevator and Tramway Safety expire on the effective date of this 
Act. 
SUMMARY 
This bill repeals the current board structure in the laws governing boiler and pressure 
vessel safety and elevator and tramway safety and places the duties and responsibility for 
administering and overseeing the licensing and inspection of boilers, pressure vessels, 
elevators and tramways under the Director of the Office of Professional and Occupational 
Regulation within the Department of Professional and Financial Regulation.  The bill 
retains the current enforcement authority of the chief boiler and elevator inspector to 
oversee the public safety inspection programs.