An Act To Update Professional and Occupational Licensing Laws
Maine Legislature, Session 128, LD 1443
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK
Amends: 10 MRSA §1404, 10 MRSA §1404-A, 10 MRSA §9001, 10 MRSA §9002, 10 MRSA §9003, 10 MRSA §9006, 10 MRSA §9006-B, 10 MRSA §9008, 10 MRSA §9009, 10 MRSA §9011, 10 MRSA §9021, 10 MRSA §9022, 10 MRSA §9043, 10 MRSA §9044, 10 MRSA §9046, 10 MRSA §9047, 10 MRSA §9051, 10 MRSA §9061, 10 MRSA §9065, 10 MRSA §9066, 10 MRSA §9081, 10 MRSA §9082, 10 MRSA §9083, 10 MRSA §9084, 10 MRSA §9085, 10 MRSA §9086, 10 MRSA §9087, 10 MRSA §9088, 10 MRSA §9090, 14 MRSA §6001, 33 MRSA §589, 32 MRSA §1501, 32 MRSA §1503-A, 32 MRSA §1503-B, 32 MRSA §3301, 32 MRSA §3302, 32 MRSA §3403-B, 32 MRSA §3501, 32 MRSA §3501-A, 32 MRSA §3507, 32 MRSA §7054-A, 32 MRSA §13067-A, 32 MRSA §13180, 32 MRSA §13182, 32 MRSA §13183, 32 MRSA §13193, 32 MRSA §13198, 32 MRSA §13199, 32 MRSA §14507, 32 MRSA §15109, 32 MRSA §15113, 32 MRSA §18133, 32 MRSA §18135, 32 MRSA §18138, 32 MRSA §18139, 32 MRSA §18140, 32 MRSA §18141, 32 MRSA §18325

Legislative Document
No. 1443
S.P. 498
In Senate, April 13, 2017
An Act To Update Professional and Occupational Licensing Laws
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.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  10 MRSA §1404, first ¶, as amended by PL 1989, c. 717, §1, is further 
amended to read: 
A statutory warranty is hereby established under which both the manufacturer and the 
dealer certify that to the best of their knowledge, the new mobile manufactured home is 
free from any substantial defects in the approved building systems, materials and 
workmanship. The dealer shall deliver the written warranty to the buyer at the time of 
sale, and the warranty shall must contain the following terms: 
Sec. A-2.  10 MRSA §1404, sub-§1, as enacted by PL 1973, c. 435, is amended 
to read: 
1.  Defects.  That the mobile manufactured home is free from any substantial defects 
in materials or workmanship; 
Sec. A-3.  10 MRSA §1404, sub-§3, as enacted by PL 1973, c. 754, §2, is 
amended to read: 
3.  Liability.  That the manufacturer and dealer shall be are jointly and severally 
liable to the consumer for the fulfillment of the terms of warranty, and the consumer may 
notify either one or both of the need for appropriate corrective action in instances of 
substantial defects in the approved building systems, materials or workmanship; 
Sec. A-4.  10 MRSA §1404, sub-§5, as amended by PL 1989, c. 717, §2, is 
further amended to read: 
5.  Responsibility.  That, while the manufacturers of any or all appliances may also 
issue their own express warranties, the primary responsibility for appropriate corrective 
action under the warranty rests with the dealer and manufacturer, and the consumer 
should report all complaints to the dealer and manufacturer initially; and 
Sec. A-5.  10 MRSA §1404-A, sub-§§1 and 2, as enacted by PL 1993, c. 642, 
§7, are amended to read: 
1.  Approved building systems, materials and workmanship.  That the installation 
is free from any substantial defects in the approved building systems, materials or 
workmanship; 
2.  Corrective action.  That the installer or the installer and the dealer, when the 
dealer is responsible for the installation, shall take appropriate corrective action at the site 
of the manufactured housing in instances of substantial defects in the approved building 
systems, materials or workmanship that become evident within one year from the date of 
the installation of the manufactured housing if the buyer or the buyer's transferee gives 
written notice of the defects to the installer or the installer and the dealer, when the dealer 
is responsible for installation, at the installer's or the installer's and the dealer's business 
addresses no later than one year and 10 days after the date of installation; 
PART B 
Sec. B-1.  10 MRSA §9001, sub-§1, ¶D, as amended by PL 2005, c. 678, §2 and 
affected by §13, is further amended to read: 
D.  Manufactured housing may present hazards to the health, life and safety of 
persons and to the safety of property unless properly manufactured because vital parts 
such as, including but not limited to heating, plumbing and, electrical and structural 
systems, are concealed and defects may not be readily ascertainable when inspected 
by a purchaser.  Accordingly, it is the policy and purpose of this State to provide 
protection to the public against those possible hazards; and 
Sec. B-2.  10 MRSA §9002, sub-§2-B is enacted to read: 
2-B.  Educational facility.  "Educational facility" means an academic institution 
providing education designed to provide career and technical training to its students 
through the construction of no more than 2 manufactured homes annually.  "Educational 
facility" includes but is not limited to career or technical schools, high schools and 
postsecondary programs. 
Sec. B-3.  10 MRSA §9002, sub-§3, as repealed and replaced by PL 1981, c. 152, 
§3, is amended to read: 
3.  Federal manufactured home construction and safety standard.  "Federal 
Manufactured Housing Construction and Safety Standard manufactured home 
construction and safety standard" means a reasonable the standard for the construction, 
design and performance of a manufactured home which that meets the needs of the public 
including the need for quality, durability and safety which and that has been duly adopted 
by the Federal Government pursuant to the National Manufactured Housing Construction 
and Safety Standards Act of 1974, as amended by the Manufactured Housing 
Improvement Act of 2000, 42 United States Code, Section 5401, et seq. 
Sec. B-4.  10 MRSA §9002, sub-§5, as enacted by PL 1977, c. 550, §1, is 
amended to read: 
5.  Inspection agency. "Inspection agency" means an approved person or 
organization, public or private, determined by the board to be qualified by reason of 
facilities, personnel and demonstrated ability and independence of judgment to provide 
for inspection and approval of the design, construction or installation of manufactured 
housing in compliance with the standards and the regulations promulgated rules adopted 
in accordance with this Act. 
Sec. B-5.  10 MRSA §9002, sub-§6, as repealed and replaced by PL 2001, c. 260, 
Pt. A, §1, is amended to read: 
6.  Installation.  "Installation" means: 
A.  The affixing placing of manufactured housing on foundations a foundation or 
supports at a building site; and 
B.  The assembly and fastening of structural components of manufactured housing, 
including the completed roof system, as specified by the manufacturer's installation 
instructions and in accordance with the rules of the board. 
For manufactured housing as defined in subsection 7, paragraphs A and C, "installation" 
also includes the connection to existing services, including but not limited to electrical, 
oil, gas, water, sewage and similar systems that are necessary for the use of the 
manufactured housing for dwelling purposes. 
Sec. B-6.  10 MRSA §9002, sub-§7, ¶B, as amended by PL 2005, c. 344, §4, is 
further amended to read: 
B.    State-certified modular homes, which are those units that the manufacturer 
certifies are constructed in compliance with the State's Manufactured Housing this 
Act and regulations rules, meaning structures, transportable in one or more sections, 
that are not constructed on a permanent chassis and are designed to be used as 
dwellings on foundations when connected to required utilities, including the 
plumbing, heating, air-conditioning or electrical systems contained therein.  
"Manufactured housing" does not include modular homes constructed at educational 
facilities by students for educational purposes pursuant to the limitations of 
subsection 3; 
Sec. B-7.  10 MRSA §9002, sub-§12 is enacted to read: 
12.  Person.  "Person" means an individual or entity, including but not limited to a 
corporation, partnership, firm, organization, company, homeowner, consumer or 
purchaser. 
Sec. B-8.  10 MRSA §9003, sub-§2, ¶F, as repealed and replaced by PL 1995, c. 
462, Pt. A, §26, is amended to read: 
F.  One member who is an owner or operator of a mobile home park with more than 
lots manufactured housing community; 
Sec. B-9.  10 MRSA §9006, sub-§1, as amended by PL 1993, c. 642, §13, is 
further amended to read: 
1.  Standards.  The board shall, by rule, set uniform reasonable standards for the 
installation of manufactured homes, including, but not limited to, standards for 
foundations, supports, anchoring and, underpinning and skirting of manufactured homes 
installed in this State. 
Sec. B-10.  10 MRSA §9006-B, as enacted by PL 1993, c. 186, §1, is amended to 
read: 
§9006-B.  Formaldehyde emissions; disclosure 
In addition to requiring that the "Health Notice on Formaldehyde Emissions" set out 
in 24 Code of Federal Regulations 53280.309 be prominently displayed in each 
manufactured housing unit sold in the State and provided as part of the Manufactured 
Home Consumer Manual provided to each purchaser of a new manufactured home, the 
board shall require that a copy of that notice be provided to a purchaser of a new mobile 
manufactured home at the time of execution of the purchase and sales agreement, and that 
each purchaser sign a certification, provided at the bottom of that notice, that the 
purchaser has read and understood the contents of the notice before signing the purchase 
and sales agreement. 
Sec. B-11.  10 MRSA §9008, sub-§1, as amended by PL 2005, c. 344, §7, is 
further amended to read: 
1.  Licenses.  A person may not manufacture, sell, broker, distribute, install or service 
any manufactured housing in this State regardless of the destination of the housing  
without first obtaining a license from the board as required in this chapter. 
Sec. B-12.  10 MRSA §9009, sub-§3, as amended by PL 2007, c. 402, Pt. D, §5, 
is further amended to read: 
3.  Remedies for manufacturing and building system defects.  The board staff may 
investigate all any complaints made to the board of noncompliance with or violation of 
chapter 213 or a warranty applicable to the sale of manufactured housing.  If the board 
finds, after hearing, that a manufacturer, dealer or developer dealer has sold, or is making 
available for sale, manufactured housing that poses a threat to public health or safety or 
has failed to comply with chapter 213 or an applicable warranty, express or implied, the 
board may order the manufacturer, dealer or developer dealer or any combination thereof 
to take appropriate corrective action.  Corrective action may include, but is not limited to, 
reimbursing consumers for repairs that are covered by warranty and made by the 
consumer if the consumer notifies the dealer, developer dealer or manufacturer in writing 
of the defect within a reasonable time prior to undertaking the repairs and the board finds 
that the repairs are or were necessary to correct or prevent an imminent threat to health or 
safety or to the structure of the manufactured housing.  The board may also revoke or 
suspend the license of the manufacturer, dealer, developer dealer or any combination 
thereof to prevent any future threat to public health or safety.  Notwithstanding the 
provisions of Title 10, section 8003, subsection 5-A, revocations ordered by the board are 
subject to judicial review exclusively in the Superior Court in accordance with Title 5, 
chapter 375, subchapter 7.  This subsection applies to any new manufactured housing that 
is sold to a consumer after January 1, 1993. 
Sec. B-13.  10 MRSA §9011, sub-§1, as enacted by PL 1977, c. 550, §1, is 
amended to read: 
1.  Inspection of violations.  The board may, upon complaint or probable cause, 
inspect the manufactured housing, manufacturing facilities, a licensee's business facilities 
or such records as may be necessary to verify whether a violation has occurred. If the 
board finds that a violation has occurred, it shall proceed as in pursuant to section 9009. 
Sec. B-14.  10 MRSA §9021, sub-§1, as amended by PL 2007, c. 402, Pt. D, §7, 
is further amended to read: 
1.  Licenses required.  Any person who engages in the business of manufacturing, 
brokering, distributing, selling, installing or servicing manufactured housing, regardless 
of the destination of the housing, must first obtain a license issued by the board.  The 
board shall, within a reasonable time, issue a license to any person who intends to 
manufacture, sell, install or service manufactured housing in this State subject to filing 
and approval of an application.  Any person who is licensed to conduct these activities by 
other state or federal law is exempt from this requirement when the law provides for 
specific authority to provide a particular service or preempts the requirement for such a 
license.  Active licensees of the Real Estate Commission are exempt from the licensing 
requirement for selling or brokering used manufactured housing and new manufactured 
housing if such housing is sold or offered for sale by a licensee of the board. 
Sec. B-15.  10 MRSA §9021, sub-§2-A, as amended by PL 2009, c. 241, Pt. A, 
§4 and PL 2011, c. 286, Pt. B, §5, is further amended to read: 
2-A.  Fees.  The Director of the Office of Professional and Occupational Regulation 
within the Department of Professional and Financial Regulation may establish by rule 
fees for purposes authorized under this chapter in amounts that are reasonable and 
necessary for their respective purposes.  The license fee to operate a mobile home park 
manufactured housing community pursuant to subchapter 6 may not exceed a base fee of 
$60 plus an additional amount of up to $6 per mobile manufactured home site.  This fee 
must accompany each license application, including applications for mobile home park 
manufactured housing community expansion and license renewal.  The review and 
evaluation fees authorized by section 9083 may not exceed the actual cost of the review 
or evaluation.  The fee for any inspection authorized by this chapter may not exceed the 
actual cost of the inspection.  The fee for each warranty seal required by section 9006-C, 
subsections 1 and 2 and each new dwelling unit required by section 9045 may not exceed 
$200.  The fee for any other purpose authorized by this chapter may not exceed $200 
annually.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. B-16.  10 MRSA §9022, sub-§3, as enacted by PL 1977, c. 550, §1, is 
amended to read: 
3.  Mechanics.  Licensed mechanics may install or service manufactured housing 
HUD-code homes and pre-HUD-code homes and are exempt from any other licensing 
requirements of any state or political subdivisions, but must obtain any permits required. 
Sec. B-17.  10 MRSA §9022, sub-§4, as enacted by PL 1999, c. 386, Pt. C, §3, is 
amended to read: 
4.  Installers.  Licensed installers may install manufactured housing and service 
state-certified modular homes and are exempt from any other licensing requirements of 
any state or political subdivisions but must obtain any permits required. 
Sec. B-18.  10 MRSA §9043, sub-§2, ¶B, as enacted by PL 1981, c. 152, §14, is 
amended to read: 
B.  The local enforcement agency so reports the compliance to the board in such form 
and detail as the board may reasonably require. 
Sec. B-19.  10 MRSA §9043, sub-§4, as enacted by PL 1981, c. 152, §14, is 
amended to read: 
4.  Certification.  The manufacturer of that housing, regardless of the approval 
alternative used, shall certify that the manufactured housing conforms to all applicable 
standards whether adopted by the board or local enforcement agency, as the case may be, 
and that manufacturer's certification shall must be permanently affixed to the 
manufactured housing in accordance with such requirements as the board may by 
regulation rule prescribe.  Affixation Attaching of a certificate to manufactured housing 
shall signify signifies the manufacturer's representation and warranty to all purchasers of 
the housing that the housing was manufactured in accordance with all applicable 
standards of the board or the local enforcement agency, as the case may be, in effect on 
the date of manufacture. 
Sec. B-20.  10 MRSA §9044, sub-§3, as enacted by PL 1981, c. 152, §14, is 
amended to read: 
3.  Suspension of qualification.  Qualification of an inspection agency shall must be 
suspended by the board if, after appropriate notice and administrative hearing, it 
determines the agency is no longer qualified as meeting the standards adopted pursuant to 
subsection 1.  The board may request information and documentation and may conduct 
such reviews and inspections of the work of a qualified agency as the board determines 
are necessary to reasonably assure ensure continuing compliance of the qualified agency 
with the standards adopted pursuant to subsection 1. 
Sec. B-21.  10 MRSA §9046, as amended by PL 2005, c. 344, §21, is further 
amended to read: 
§9046.  Complaint investigation 
Upon complaint by any person concerning an alleged violation of this chapter, the 
board shall may investigate and determine, or shall may cause to be investigated and 
determined, whether the unit complies with established regulations rules.  The board shall 
notify the complainant of the complainant's right to relief under section 9011, subsection 
4.  If the board determines the defect occurred in other similar manufactured housing, the 
board shall notify all ascertainable purchasers of the housing, in accordance with the 
records obtained from the manufacturer and dealer of their possible right of action under 
this subchapter.  Failure of the manufacturer, dealer or developer dealer to retain 
reasonable business records or to provide access to those records in response to a request 
by the board pursuant to this subchapter is a violation of this chapter. 
Sec. B-22.  10 MRSA §9047, sub-§3, as enacted by PL 1981, c. 152, §14, is 
amended to read: 
3.  Corrections.  The licensed person responsible for  a  noncompliance with the 
standards adopted by the board or for the creation of a safety hazard shall promptly effect 
make or cause to be made such repairs and modifications as may be necessary to correct 
the nonconformance or eliminate the safety hazard.  Any licensed person who fails to 
make these repairs or modifications shall be is subject to section 9009. 
Sec. B-23.  10 MRSA §9051, sub-§§1 and 2, as repealed and replaced by PL 
1981, c. 152, §15, are amended to read: 
1.  Violation.  The board shall may cause to be investigated any complaint of an 
alleged violation by any licensee or of any regulations rules adopted by the board, either 
by its own inspector or any authorized agency to determine the validity of the complaint. 
A.  Within one year and 10 days after installation, any home buyer of new 
manufactured housing may file a complaint about any defective construction or 
installation defect. 
B.  Any person having knowledge of a violation of this chapter may file a complaint 
within one year of that violation. 
2.  Form.  Complaints are to be made on a form prescribed may be made in any form, 
as approved by the board providing whatever, as long as the complaint includes all 
information the board deems considers necessary. 
Sec. B-24.  10 MRSA §9061, sub-§6, as enacted by PL 1981, c. 152, §16, is 
amended to read: 
6.  Manufacturer.  "Manufacturer" means any person engaged in manufacturing or 
assembling manufactured homes, regardless of the destination of the homes, including 
any person engaged in importing homes for resale. 
Sec. B-25.  10 MRSA §9065, as amended by PL 1995, c. 353, §4, is further 
amended to read: 
§9065.  Inspections 
The department, by authorized representatives, may enter, at reasonable times, any 
factory, warehouse or establishment in which manufactured housing is homes are 
manufactured, stored or held for sale for the purpose of ascertaining whether the 
requirements of the federal manufactured housing construction and safety standards and 
the rules of the department have been and are being met. 
Sec. B-26.  10 MRSA §9066, sub-§1, ¶¶A and D, as amended by PL 1993, c. 
642, §35, are further amended to read: 
A.  To manufacture for sale, lease, sell, offer for sale or lease or introduce, deliver or 
import into the State any manufactured housing that is manufactured on or after the 
effective date of any applicable federal manufactured housing home construction and 
safety standard that does not comply with that standard; 
D.  To fail to issue a certification required by 42 United States Code, Section 5415 or 
to issue a certification to the effect that a manufactured home conforms to all 
applicable federal manufactured housing home construction and safety standards, if 
that person in the exercise of due care has reason to know that the certification is 
false or misleading in a material respect; 
Sec. B-27.  10 MRSA §9066, sub-§3, as enacted by PL 1981, c. 152, §16, is 
amended to read: 
3.  Persons who did not have reason to know that the home is not in conformity 
with standards.  Subsection 1, paragraph A, shall does not apply to any person who 
establishes that he the person did not have reason to know in the exercise of due care that 
the manufactured home is not in conformity with applicable federal manufactured 
housing home construction and safety standards, or any person who, prior to the first 
purchase, holds a certificate by the manufacturer or importer of the manufactured home to 
the effect that the manufactured home conforms to all applicable federal manufactured 
housing home construction and safety standards, unless the person knows that the 
manufactured home does not so conform. 
Sec. B-28.  10 MRSA §9081, sub-§1, as enacted by PL 1983, c. 553, §17, is 
amended to read: 
1.  Manufactured home.  "Mobile Manufactured home" means a structure, 
transportable in one or more sections which, that is 8 body feet or more in width and is 32 
body feet or more in length and which that is built on a permanent chassis and designed 
to be used as a dwelling with or without a permanent foundation when connected to the 
required utilities and includes the plumbing, heating, air conditioning and electrical 
systems contained therein. 
Sec. B-29.  10 MRSA §9081, sub-§2, as amended by PL 1991, c. 391, §7, is 
further amended to read: 
2.  Manufactured housing community.    "Mobile home park Manufactured housing 
community" means a parcel or adjoining parcel of land, under single ownership, that has 
been planned and improved for the placement of 3 or more mobile manufactured homes, 
but does not include a construction camp. 
Sec. B-30.  10 MRSA §9082, as enacted by PL 1983, c. 553, §17, is amended to 
read: 
§9082.  License required 
No A person, corporation, firm or copartnership may not conduct, control, manage or 
operate, for compensation, directly or indirectly, any mobile home park, manufactured 
housing community unless licensed by the board.  Licenses issued shall must be 
displayed in a place readily visible to customers or other persons using a licensed 
establishment. 
Any person, corporation, firm or copartnership desiring a license shall submit 
satisfactory evidence, in a form acceptable to the board, of its that person's ability to 
comply with the minimum standards of this subchapter and all regulations rules adopted 
thereunder under this subchapter. 
Sec. B-31.  10 MRSA §9083, as repealed and replaced by PL 2007, c. 402, Pt. D, 
§13, is amended to read: 
§9083.  Fees 
Application and license fees for mobile home parks may be manufactured housing 
communities are set under section 9021, subsection 2-A, including applications for 
mobile home park manufactured housing community expansion and license renewal.  
Fees may are also be set under section 9021, subsection 2-A for mobile home park 
manufactured housing community inspections; for the cost of reviewing engineering and 
site plans; for costs incurred in evaluating an applicant’s eligibility for licensure as a 
mobile home park manufactured housing community; and for costs incurred in evaluating 
a licensee’s ongoing compliance with the requirements of this subchapter and the rules of 
the board.  Failure to pay costs billed to an applicant or licensee within 90 days of the 
billing date constitutes grounds for license revocation, unless an extension for an 
additional period not to exceed 90 days is granted in writing by the board. 
Sec. B-32.  10 MRSA §9084, first ¶, as amended by PL 2009, c. 241, Pt. A, §7, is 
further amended to read: 
The board shall, within 30 days following receipt of application, issue a license to 
operate any mobile home park manufactured housing community that is found to comply 
with this subchapter and the rules adopted by the board. 
Sec. B-33.  10 MRSA §9084, 2nd ¶, as amended by PL 1993, c. 642, §38, is 
further amended to read: 
When any applicant is found, based upon an inspection by the board or by municipal 
inspection made according to section 9088, not in compliance with the requirements of 
this subchapter or rules adopted and approved pursuant to section 9085 or section 9088, 
subsection 1, the board may refuse issuance of the initial license but shall may issue a 
conditional license with such terms and conditions as required by the board except when 
conditions are found that present a danger to the health and safety of the public.  A 
conditional license may not exceed 90 days.  Failure by the conditional licensee to meet 
the terms and conditions specified permits the board to void the conditional license. 
Sec. B-34.  10 MRSA §9084, 4th ¶, as amended by PL 2007, c. 402, Pt. D, §14, 
is further amended to read: 
Upon the written request of the board, the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention shall provide such technical 
services as may be required by the board to assist with inspections and licensing of new 
mobile home parks manufactured housing communities.  The department may assess the 
mobile home park manufactured housing community owner a reasonable fee for these 
services. 
Sec. B-35.  10 MRSA §9085, as amended by PL 1995, c. 381, §1 and PL 2003, c. 
689, Pt. B, §6, is further amended to read: 
§9085.  Rules 
The board may make and enforce all necessary rules for the administration of this 
subchapter, and may repeal or amend such rules from time to time as may be in the public 
interest, insofar as that action is not in conflict with any of the provisions of this 
subchapter. All rules of the Department of Health and Human Services governing mobile 
home parks in effect on the effective date of this subchapter remain in effect for a period 
not to exceed one year, unless sooner amended or repealed by the board.  The board shall 
accept as compliance with its rules documentation submitted by a seasonal mobile home 
park that substantially similar provisions required by other federal or state agencies have 
been met that duplicate provisions required by the board regarding matters of safety and 
health.  In cases where there are federal and state laws, rules or regulations containing 
similar provisions, the stricter standard must apply. 
Sec. B-36.  10 MRSA §9086, as enacted by PL 1983, c. 553, §17, is amended to 
read: 
§9086.  Right of entry and inspection 
The board and any duly designated officer or employee thereof may enter upon the 
premises of any mobile home park manufactured housing community licensed pursuant 
to this subchapter at any reasonable time in order to determine the state of compliance 
with this subchapter and any rules in force pursuant thereto to this subchapter.  The right 
of entry and inspection shall extend extends to any premises which under its jurisdiction 
that the board has reason to believe are being operated or maintained without a license, 
but no such entry or inspection of any premises may be made without the permission of 
the owner or person in charge thereof of the premises or, after hearing, upon order of the 
court. 
Sec. B-37.  10 MRSA §9087, first ¶, as enacted by PL 1983, c. 553, §17, is 
amended to read: 
Any person, corporation, firm or copartnership who shall operate operates any mobile 
home park manufactured housing community without first obtaining a license as required 
by this subchapter is guilty of a Class E crime.  Each day any such person, corporation, 
firm or copartnership operates the manufactured housing community without obtaining a 
license constitutes a separate offense. 
Sec. B-38.  10 MRSA §9088, first ¶, as enacted by PL 1983, c. 553, §17, is 
amended to read: 
Notwithstanding any other provisions of this subchapter, the board may issue a 
license to mobile home parks, as defined in section 9081, a manufactured housing 
community on the basis of an inspection performed by an inspector who works for and is 
compensated by the municipality in which the establishment is located, but only if the 
following conditions have been met. 
Sec. B-39.  10 MRSA §9090, as enacted by PL 1999, c. 203, §1, is amended to 
read: 
§9090.  Municipal foreclosure; unlicensed manufactured housing communities 
Notwithstanding any other provision of law, a municipality that, as a result of the 
nonpayment of property taxes, forecloses and takes possession of real estate on which is 
located an unlicensed mobile home park manufactured housing community may, if the 
municipality determines the park manufactured housing community poses a risk to public 
health, welfare or safety, close the park manufactured housing community and, with at 
least 30 days' prior written notice, evict the inhabitants of the park community.  A 
municipality that takes possession of real estate on which is located an unlicensed mobile 
home park manufactured housing community does not enter a landlord and tenant 
relationship with any inhabitant of the park community and is not subject to the 
provisions of chapter 953 or any other laws governing relations between a landlord and 
tenant.  This section does not apply to a municipality that is or becomes the licensed 
operator of the mobile home park manufactured housing community. 
Sec. B-40.  14 MRSA §6001, sub-§1, as amended by PL 1995, c. 372, §1, is 
further amended to read: 
1.  Persons against whom process may be maintained.  Process of forcible entry 
and detainer may be maintained against a disseisor who has not acquired any claim by 
possession and improvement; against a tenant holding under a written lease or contract or 
person holding under such a tenant; against a tenant where the occupancy of the premises 
is incidental to the employment of a tenant; at the expiration or forfeiture of the term, 
without notice, if commenced within 7 days from the expiration or forfeiture of the term; 
against a tenant at will, whose tenancy has been terminated as provided in section 6002; 
and against mobile home manufactured housing owners and tenants pursuant to Title 10, 
chapter 951, subchapter VI 6.  When there are multiple occupants of an apartment or 
residence, the process of forcible entry and detainer is effective against all occupants if 
the plaintiff names as parties "all other occupants" together with all adult individuals 
whose names appear on the lease or rental agreement for the premises or whose tenancy 
the plaintiff has acknowledged by acceptance of rent or otherwise. 
Sec. B-41.  33 MRSA §589, sub-§6, as amended by PL 2013, c. 209, §5, is 
further amended to read: 
6.  Membership camping operator.  "Membership camping operator" means any 
person who offers camping or outdoor recreational opportunities through the use of 
camping sites and who solicits membership camping contracts paid for in cash, by 
installment or periodic payments, including annual fees, by which the purchasers of 
memberships obtain the right to use camping sites or other camping or recreational 
facilities of the membership camping operator. "Membership camping operator" does not 
include mobile home parks manufactured housing communities as defined in Title 10, 
section 9081.  A membership camping operator is not a landlord pursuant to the landlord 
and tenant laws as provided in Title 14. 
Sec. B-42.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 10, chapter 951, subchapter 6, in the subchapter 
headnote, the words "mobile home parks" are amended to read "manufactured housing 
communities" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
PART C 
Sec. C-1.  32 MRSA §1501, first ¶, as amended by PL 2007, c. 402, Pt. J, §8, is 
further amended to read: 
The State Board of Funeral Service may determine the qualifications necessary to 
enable any person to lawfully engage in the funeral service profession and operate a 
funeral establishment.  The board shall examine all applicants for licenses for the practice 
of funeral service and shall issue a license to all persons who successfully pass that 
examination and pay the fee as set under section 1504.  To be licensed for the practice of 
funeral service under this chapter, a person must be at least 18 years of age, a resident of 
this State, must have successfully completed a prescribed course at a school or schools 
approved by the State Board of Funeral Service and must have served as a practitioner 
trainee for not less than 12 months under the personal supervision of a person licensed for 
the practice of funeral service and approved by the board.  Each applicant shall 
demonstrate trustworthiness and competency to engage in the profession of funeral 
service in such a manner as to safeguard the interests of the public. 
Sec. C-2.  32 MRSA §1503-A, as amended by PL 2007, c. 402, Pt. J, §11, is 
further amended to read: 
§1503-A.  Practitioner trainee 
In order for any person to receive credit for time served as a practitioner trainee, that 
person must have served 2,000 hours of employment with a funeral establishment 
approved by the State Board of Funeral Service under the instruction and supervision of a 
person licensed for the practice of funeral service and actively engaged in that practice, 
and must be licensed as a practitioner trainee with the board.  Upon terminating 
employment, the practitioner trainee shall notify the board immediately, giving the date 
of termination.  The practitioner trainee must repeat this procedure with all subsequent 
employers, accurately showing the dates of beginning and of terminating apprenticeship 
employment.  Before a funeral service license may be issued, the practitioner trainee must 
file with the board a certification of the trainee time served, signed by the practitioner 
trainee's employer or employers, before a notary public.  Practitioner trainee requirements 
are satisfied in the case of an applicant who presents proof of present licensure as a 
practitioner of funeral service in another state at the time application is made for licensure 
as a practitioner of funeral service in this State. 
Sec. C-3.  32 MRSA §1503-B is enacted to read: 
§1503-B.  Maine Apprenticeship Program; registered apprentice  
A registered apprentice in the Maine Apprenticeship Program established under Title 
26, section 3202 may receive credit toward a practitioner trainee license by submitting 
proof of enrollment in the Maine Apprenticeship Program before applying for a 
practitioner trainee license under this subchapter. 
PART D 
Sec. D-1.  32 MRSA §3301, sub-§5, as amended by PL 1999, c. 386, Pt. L, §1, is 
further amended to read: 
5.  Master plumber. "Master plumber" means any person, firm or corporation, 
individual qualified under this chapter, engaging in, or about to engage in, the business of 
installing plumbing or plumbing systems. The license must specify the name of the 
person, firm or corporation to whom the license is issued and in the case of a firm or 
corporation the license must further specify the licensed master plumber in whose name it 
is issued, pursuant to the requirements of section 3507. 
Sec. D-2.  32 MRSA §3302, sub-§1, as amended by PL 2009, c. 344, Pt. D, §12 
and affected by Pt. E, §2, is further amended to read: 
1.  License required.  A license is required for any person, corporation, partnership 
or other entity individual who is engaged in plumbing or performing plumbing 
installations. No license is required for any activity for which a permit is not required 
under Title 30, section 3223 or its successor.  This section does not apply to the 
following: 
A.  Plumbing by regular employees of public utilities as defined in Title 35-A, 
section 102, when working as such; 
B.  Plumbing by oil burner technicians, duly licensed under chapter 139, and propane 
and natural gas installers, licensed under chapter 139, except that this exception only 
applies to hot and cold water connections to existing piping in the same room where 
the installation is taking place and does not apply beyond any existing branch 
connection supplying water; and 
C.  Plumbing by a person in a single-family residence occupied or to be occupied by 
that person as that person's bona fide personal abode provided that as long as the 
installation conforms with board laws and rules.; and 
D.  Plumbing by a pump installer who is duly licensed pursuant to section 4700-I, 
subsection 2, except that this exception is limited to installing piping from the cold 
water distribution pipe at the pressure tank's main shut-off valve to the existing water 
supply piping as long as the piping is located in the same room as the tank, the length 
of the piping is no longer than 15 feet and the piping does not extend beyond any 
existing branches.  Such plumbing must conform to the board's laws and rules. 
Sec. D-3.  32 MRSA §3403-B, sub-§2, as enacted by PL 1997, c. 727, Pt. C, §9, 
is amended to read: 
2.  Plumbing code violations.  Any person who violates the rules adopted pursuant 
to this section or is subject to sanctions pursuant to Title 10, section 8003, subsection 5-A 
and any person who violates a municipal ordinance adopted pursuant to Title 30-A, 
sections 4201 and 4211 must be penalized in accordance with Title 30-A, section 4452.  
Enforcement of the rules is the joint responsibility of the municipalities and the board.  
The board or a municipality may seek to enjoin violations of the rules or municipal 
ordinances.  In the prosecution of a violation by a municipality, the court shall award 
reasonable attorney's fees to a municipality if that municipality is the prevailing party, 
unless the court finds that special circumstances make the award of fees unjust. 
Sec. D-4.  32 MRSA §3501, sub-§3, as amended by PL 2003, c. 250, Pt. B, §3, is 
further amended to read: 
3.  Trainee license.  The board may issue a trainee plumber license without 
examination to any person who submits a written application on a form supplied by the 
board with the required fee set under section 3501-B and who provides satisfactory 
evidence that the person has entered the employ of a licensed master plumber to assist the 
licensed master plumber as a plumber's trainee.  Any person employed as a trainee 
plumber shall apply for a license within 10 business days after the day the person 
commences employment. 
Sec. D-5.  32 MRSA §3501-A, as amended by PL 2003, c. 250, Pt. B, §4, is 
further amended to read: 
§3501-A.  Examinations 
An applicant for a master, journeyman or journeyman-in-training plumbing plumber 
license shall present to the board a written application for examination, containing 
information that the board requires, accompanied by the prescribed fee as set under 
section 3501-B.  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 passing grade on a master plumbing plumber license examination may not be 
less than 75%.  The passing grade on a journeyman plumbing plumber license 
examination may not be less than 70%.  A candidate failing one examination may apply 
for reexamination, which may be granted upon payment of a fee established by the board.  
Any candidate for licensure having an average grade of less than 50% may not apply for 
reexamination for one year. 
Sec. D-6.  32 MRSA §3507, as amended by PL 1999, c. 386, Pt. L, §12, is 
repealed. 
PART E 
Sec. E-1.  32 MRSA §7054-A, last ¶, as enacted by PL 1987, c. 395, Pt. B, §18, 
is repealed. 
PART F 
Sec. F-1.  32 MRSA §13067-A, sub-§9, as enacted by PL 2007, c. 402, Pt. BB, 
§12, is amended to read: 
9.  Suspension or revocation of license.  Having had a professional or occupational 
license suspended or revoked for disciplinary reasons or an application rejected for 
reasons related to untrustworthiness within 3 years prior to the date of application or had 
a professional or occupational license suspended or revoked for disciplinary reasons; and 
Sec. F-2.  32 MRSA §13180, as enacted by PL 1987, c. 395, Pt. A, §212, is 
amended to read: 
§13180.  Termination of employment 
When any broker, associate broker or real estate sales agent is discharged or 
terminates his employment with a brokerage agency, it shall be the duty of the designated 
broker to shall immediately deliver the license of the broker, associate broker or real 
estate sales agent to the commission. The designated broker shall simultaneously address 
send a communication to the last known address of the broker, associate broker or sales 
agent advising the broker, associate broker or sales agent that his license has been 
delivered or mailed to the commission has been notified.   A  The designated broker shall 
deliver a copy of the communication shall accompany the license when delivered to the 
commission. 
Upon receipt of the notice of termination by the licensee, the license shall become is 
void and may only be reinstated or placed on inactive status after proper application and 
payment of the prescribed fee. It is unlawful for any broker, associate broker or real estate 
sales agent to perform any brokerage services without first receiving a new active license. 
Sec. F-3.  32 MRSA §13182, as amended by PL 2007, c. 402, Pt. BB, §19, is 
further amended to read: 
§13182.  Agency license renewal 
Agency licenses expire on December 31st, or at such times as the Commissioner of 
Professional and Financial Regulation may designate, of each biennial period for which it 
was issued.  Upon application and payment of the fee as set under section 13007, a 
renewal license is issued for each ensuing biennial period in the absence of any reason or 
condition that might warrant denial of a license.  The suspension, revocation or expiration 
of an agency or designated broker's license automatically suspends voids every license 
granted to any person by virtue of the person's employment by the agency whose license 
has been suspended, revoked or expired pending a change of employer and the issuance 
of a new license.  The new license is issued without charge if granted during the same 
biennial period in which the original was granted. 
Sec. F-4.  32 MRSA §13183, as enacted by PL 1987, c. 395, Pt. A, §212, is 
amended to read: 
§13183.  Acts authorized 
An agency, through its designated broker, may perform all of the brokerage services 
contemplated by this chapter and may employ or retain others to perform brokerage 
services on behalf of the agency.  The designated broker may also delegate any of his the 
designated broker's duties and authority provided for under this chapter to an agency 
affiliate, but when doing so shall is not be relieved of any responsibility imposed by this 
chapter. 
Sec. F-5.  32 MRSA §13193, as amended by PL 2013, c. 217, Pt. K, §7, is further 
amended to read: 
§13193.  Nonresidents 
In lieu of education and experience requirements, nonresident original license 
applicants must hold a similar active license in good standing in their place of legal 
residence another jurisdiction and shall must appear at such time and place as the director 
may designate for the purpose of written examination pertaining to Maine real estate 
laws. 
Sec. F-6.  32 MRSA §13198, sub-§3, as amended by PL 2007, c. 402, Pt. BB, 
§27, is further amended to read: 
3.  Acts authorized.  Each broker license granted entitles the holder to perform all of 
the acts contemplated under this chapter on behalf of an agency, including being 
designated by the agency to act for it or as a branch office manager. 
Sec. F-7.  32 MRSA §13199, sub-§3, as amended by PL 2007, c. 402, Pt. BB, 
§28, is further amended to read: 
3.  Acts authorized.  Each associate broker license granted entitles the holder to 
perform all of the acts contemplated by this chapter, on behalf of an agency, except 
serving as a designated broker or a branch office manager. 
PART G 
Sec. G-1.  32 MRSA §14507, sub-§2, as enacted by PL 1993, c. 444, §1, is 
amended to read: 
2.  Employees of the seller.  The names and addresses of employees of the seller, 
their dates of birth and social security numbers; and 
Sec. G-2.  32 MRSA §14507, sub-§3, as amended by PL 2007, c. 402, Pt. KK, 
§4, is further amended to read: 
3.  Statement.  At the time of making the application, a statement of all civil 
judgments or criminal convictions secured or outstanding against the seller that arises out 
of home repair services during the 4 years prior to making the application, all criminal 
and civil suits pending against the seller that arise out of home repair services and all 
criminal convictions and criminal suits pending for theft against the seller. 
The seller shall promptly notify the department of all changes or additions in the 
information required by this section. 
Knowingly, intentionally or recklessly making a false statement in an application is 
grounds for denial of the application or revocation of the license; and. 
Sec. G-3.  32 MRSA §14507, sub-§4, as enacted by PL 1993, c. 444, §1, is 
repealed. 
PART H 
Sec. H-1.  32 MRSA §15109, sub-§1, ¶B, as enacted by PL 1995, c. 560, Pt. H, 
§14 and affected by §17, is repealed. 
Sec. H-2.  32 MRSA §15109, sub-§3, ¶B, as enacted by PL 1995, c. 560, Pt. H, 
§14 and affected by §17, is repealed. 
Sec. H-3.  32 MRSA §15113, last ¶, as amended by PL 2013, c. 70, Pt. C, §28, is 
further amended to read: 
If a boiler or pressure vessel subject to this section is moved from one location to 
another, notice must be given to the director of the removal and of the new location in 
which the boiler or pressure vessel is to be set up. 
PART I 
Sec. I-1.  32 MRSA §18133, sub-§2, ¶B, as amended by PL 2015, c. 169, §5, is 
further amended to read: 
B.  Six months of licensed practical experience as an apprentice oil burner technician 
or solid fuel technician and completion of an a board-approved oil burner or solid 
fuel technician course at a community college, career and technical education center 
or career and technical education region or a comparable institute in the State or 
another state consisting, at a minimum, of 160 hours of study, of which at least 75 
hours are made up of laboratory work on oil burning equipment and related systems; 
or 
Sec. I-2.  32 MRSA §18135, as enacted by PL 2009, c. 344, Pt. C, §3 and affected 
by Pt. E, §2, is amended to read: 
§18135.  Propane and natural gas technician 
1.  Scope of license.  A propane and natural gas technician may install, repair or 
service propane or natural gas equipment and must be authorized in one or more of the 
following authorities: 
A.  Appliance connection and service, which permits the technician to install and 
service propane and natural gas appliances up to 500,000 BTUs per appliance; 
B.  Delivery, which permits the technician to deliver propane, either by liquid transfer 
into a stationary container on the property of the consumer or by placing a portable 
container on the property of the consumer; 
C.  Large equipment connection and service, which permits the technician to install 
and service propane and natural gas appliances over 500,000 BTUs per appliance; 
D.  Plant operation, which permits the technician to work at a propane facility as 
defined in NFPA standards, Number 58; or 
E.  Tank setting and outside piping, which permits the technician to set and maintain 
propane tanks and outside piping. 
2.  Professional qualifications.  Each applicant for a propane and natural gas 
technician license must pass an examination approved by the board and meet one of the 
following qualifications: 
A.  Successful completion of the certified employee training program of a national 
propane gas association; or 
B.  Successful completion of a board-approved propane or natural gas course at a 
Maine community college, career and technical education center or career and 
technical education region or a comparable institute of this State or another state and 
passage of an examination approved by the board. 
An out-of-state applicant must present satisfactory evidence to the board of experience in 
installing, cleaning, servicing, altering and repairing propane and natural gas burning 
equipment. 
Sec. I-3.  32 MRSA §18138, as enacted by PL 2009, c. 344, Pt. C, §3 and affected 
by Pt. E, §2, is amended to read: 
§18138.  Oil energy auditor 
1.  Scope of license.   A limited An oil energy auditor's privileges to practice are 
restricted to the performance of combustion safety and efficiency testing on oil-fired 
space-heating equipment or water-heating equipment to ensure health and safety 
standards and do not include any adjustment of oil-fired space-heating equipment or 
water-heating equipment. 
2.  Professional qualifications.   A limited An oil energy auditor must provide to the 
board, at a minimum, satisfactory evidence of relevant training and written and field 
certification that conform to standards established by a nationally recognized building 
performance industry certification and quality assurance program, the equivalent 
residential energy auditor certification program in the State or an equivalent training and 
education program as determined by the board. 
Sec. I-4.  32 MRSA §18139, as enacted by PL 2009, c. 344, Pt. C, §3 and affected 
by Pt. E, §2, is amended to read: 
§18139.  Propane and natural gas energy auditor 
1.  Scope of license.  A limited propane energy auditor's privileges are restricted to 
the performance of combustion safety and efficiency testing on natural gas-fired or 
propane gas-fired space-heating equipment or water-heating equipment to ensure health 
and safety standards and do not include any adjustment of natural or propane gas-fired 
space-heating equipment or water-heating equipment. 
2.  Professional qualifications.  A limited propane energy auditor must provide to 
the board, at a minimum, satisfactory evidence of relevant training and written and field 
certification that conform to standards established by a nationally recognized building 
performance industry certification and quality assurance program, the equivalent 
residential energy auditor certification program in the State or an equivalent training and 
education program as determined by the board. 
Sec. I-5.  32 MRSA §18140, as enacted by PL 2009, c. 344, Pt. C, §3 and affected 
by Pt. E, §2, is amended to read: 
§18140.  Tank installer 
1.  Scope of license.  A limited tank installer’s privileges to practice are restricted to 
installing outside residential heating oil tanks at manufactured housing as defined by Title 
10, section 9002, subsection 7, paragraph A. 
2.  Issuance of license.  The following provisions govern the issuance of a limited 
tank installer's license. 
A.  A limited tank installer’s license may be issued to: 
(1)  A licensed manufactured housing mechanic as defined in Title 10, section 
9002; or 
(2)  The owner of a manufactured housing dealership for the limited purpose of 
installing heating oil tanks at manufactured housing that has been sold by the 
owner.  The license is revoked upon the owner ceasing to operate as a 
manufactured housing dealer. 
B.  A limited tank installer’s license may be issued jointly to a licensed manufactured 
housing dealer, as defined in Title 10, section 9002, and an individual employee of 
the dealer who is named as the corecipient of the joint limited tank installer's license.  
The corecipient dealer and employee are restricted to installing heating oil tanks at 
manufactured housing that was sold by the dealer.  The joint limited tank installer's 
license is revoked upon termination of the employee named as the corecipient of the 
joint limited tank installer's license from the employ of the dealer. 
3.  Professional qualifications.  A limited tank installer must provide satisfactory 
evidence to the board of completion of a board-approved training program of at least 4 
hours for proper installation of an outside oil tank. 
Sec. I-6.  32 MRSA §18141, as enacted by PL 2009, c. 344, Pt. C, §3 and affected 
by Pt. E, §2, is amended to read: 
§18141.  Wood pellet technician 
A limited wood pellet technician’s privileges to practice are restricted to cleaning the 
ash pan, cleaning the burn pot, scraping and cleaning the distribution tubes, emptying 
fines from the collection box and cleaning the fan. 
PART J 
Sec. J-1.  32 MRSA §18325, sub-§1-A is enacted to read: 
1-A.  Authority to file in court.  If the board concludes that suspension or revocation 
of a license is warranted, the board may file a complaint in the District Court in 
accordance with Title 4, chapter 5. 
SUMMARY 
This bill updates technical terminology in the laws governing warranties applicable to 
the manufacture and sale of manufactured homes. 
The bill amends the laws governing the Manufactured Housing Board to exempt 
student-built modular homes pursuant to an educational program from its jurisdiction for 
a maximum of 2 modular homes annually, clarifies the type of manufactured home that a 
licensed mechanic and installer may work on and changes references to "mobile home 
park" to "manufactured housing community." 
The bill removes a residency requirement for licensed funeral practitioners and other 
licensees of the Board of Funeral Service and clarifies the requirements for an apprentice 
to receive credit toward licensure through the Maine Apprenticeship Program. 
The bill establishes an exemption from licensure for pump installers who are licensed 
by the Department of Health and Human Services, Maine Water Well Commission and 
repeals the licensure provision for plumbing companies.  The bill also updates technical 
language. 
The bill repeals a transition provision added to the laws governing the licensing of 
social workers in 1987, which is no longer relevant. 
In the laws governing real estate brokerage, the bill clarifies that the 3-year look-back 
period applies only to past license denials and not to disciplinary action resulting in 
suspension or revocation, which has no look-back period.  When a licensee leaves an 
agency, the designated broker is required to notify the licensee that the broker has 
notified the Real Estate Commission but the designated broker is not required to return 
the license.  This bill clarifies that a designated broker may delegate functions to an 
individual who is affiliated with the agency.  The bill also removes references to "branch 
office manager." 
The bill removes provisions that require employees of a transient seller to include 
with an application for licensure their dates of birth and social security numbers and that 
require home repair sellers to submit a photograph with an application for licensure. 
The bill repeals a reference to an examination committee that no longer exists and 
makes technical corrections to the laws governing boilers and pressure vessels. 
The bill makes nonsubstantive clarifications in the Maine Fuel Board licensing laws 
and removes the term "limited" from certain licenses including energy auditor, tank 
installer and wood pellet technician. 
The bill restores language concerning the Board of Dental Practice that was 
inadvertently omitted from a comprehensive revision of the laws governing dental 
practice enacted in the Second Regular Session of the 127th Legislature.