An Act To Require Registration by General Contractors for Home Improvement and Construction
Maine Legislature, Session 130, LD 1977
Committee: Innovation, Development, Economic Advancement and Business

Legislative Document
No. 1977
S.P. 708
In Senate, February 10, 2022
An Act To Require Registration by General Contractors for Home 
Improvement and Construction
Reported by Senator CURRY of Waldo for the Joint Standing Committee on Innovation, 
Development, Economic Advancement and Business pursuant to Resolve 2021, chapter 76, 
section 3.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed pursuant to Joint Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA c. 147 is enacted to read:
CHAPTER 147
REGISTRATION FOR GENERAL CONTRACTORS FOR HOME 
IMPROVEMENT AND CONSTRUCTION
§18601.  Short title
This chapter may be known and cited as "the Residential Construction Contractor 
Registration Act."
§18602.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Department.  "Department" means the Department of Professional and Financial 
Regulation.
2. Home improvement.  "Home improvement" means any of the following, other than 
incidental work:
A.  Fixing, replacing, altering, converting, modernizing, improving or making an 
addition to a residential structure;
B.  Structural work including the construction, installation, replacement and 
improvement of roofing, porches, kitchens, chimneys, chimney liners, central air 
conditioning, central heating, heat pumps, boilers, furnaces, hot water heaters, electric 
wiring, sewers, plumbing fixtures, storm doors, storm windows or siding and other 
improvements to a residential structure; or
C. The construction, installation, replacement and improvement of in-ground 
swimming pools, garages, fallout shelters or other structures upon the land adjacent to 
a residential structure.
3. Incidental work.  "Incidental work" means the construction, installation, 
replacement or improvement of:
A. Landscaping;
B. Interior painting or wall covering;
C. Finished floor covering, including but not limited to carpeting, vinyl floor covering 
or tile;
D. Fencing or freestanding masonry walls;
E. Aboveground swimming pools;
F. Shutters or awnings;
G. Ground-level patios; and
H. Driveways.
4. Person.  "Person" means a natural person, corporation, partnership or other business 
entity.
5. Registrant or registered residential construction contractor.  "Registrant" or 
"registered residential construction contractor" means a person holding a valid registration 
under this chapter.
6. Residential construction contract.  "Residential construction contract" means an 
agreement or contract to provide home improvement services for more than $5,000.
7. Residential construction contractor.  "Residential construction contractor" means 
a person that undertakes, offers to undertake or submits a bid for a residential construction 
contract.
8. Residential structure or dwelling. "Residential structure" or "dwelling" means a 
residential structure that contains at least one but not more than 4 units, including an 
individual condominium unit or cooperative unit or, if used as a residence, manufactured 
housing.
§18603. Exemptions
The following persons are exempt from this chapter:
1. Homeowners.  An individual who builds a dwelling or performs any home 
improvement on a dwelling that is intended to be used as the individual's residence unless 
the primary purpose of the structure is a commercial enterprise;
2. Engineers and architects.  Professional engineers licensed under chapter 19 and 
architects licensed under chapter 3-A;
3. Oil burner or solid fuel technicians; propane and natural gas technicians.  Oil 
burner or solid fuel technicians and propane and natural gas technicians licensed under 
chapter 139;
4. Manufacturers and dealers of manufactured housing.  Manufacturers and dealers 
of manufactured housing licensed under Title 10, chapter 951;
5. Plumbers and electricians.  Plumbers licensed under chapter 49 and electricians 
licensed under chapter 17;
6. Employees.  Persons acting within the scope of their employment under the authority 
of a registered residential construction contractor;
7. Subcontractors.  A person working as a subcontractor under a contract with a 
registered residential construction contractor;
8. Persons that perform work in emergency situations.  A person that performs 
home improvement work in response to an emergency, as long as the person applies for 
registration under this chapter within a reasonable time after performing the work; and
9. Persons working on buildings used for commercial or business purposes.  
Persons building, altering or repairing buildings used for commercial or business purposes.
§18604. Registration required
Except as provided in section 18603, a person may not undertake, offer to undertake 
or submit a bid for a residential construction contract unless registered in accordance with 
this chapter.
§18605. Application
An application for registration under this chapter must be in writing, under oath and in 
an electronic form prescribed by the department.
1. Requirements.  An application under this section must include:
A. The applicant's name, physical address, mailing address if different, e-mail address 
and telephone number;
B. If the applicant is an individual, the applicant's date of birth or, if the applicant is an 
entity other than an individual, the applicant's employer identification number and the 
name of the individual authorized to file the application on behalf of the applicant and:
(1) If the applicant is a corporation or limited liability company, the date and state 
of incorporation and the name, physical address, mailing address if different and 
telephone number of individuals with the authority to bind the organization; or
(2) If the applicant is a partnership or limited liability partnership, the state where 
the partnership agreement is filed;
C. Any website or business-related social media maintained by or for the benefit of the 
applicant;
D. The number of years the applicant has provided home improvement services;
E. Information for the 10-year period immediately preceding application relating to 
any criminal convictions, guilty pleas or no contest pleas of the applicant or any officer, 
director or general partner of the applicant relating to fraud, false statement or 
omission, wrongful taking of property, bribery, perjury or conspiracy to commit any of 
these crimes, including any such convictions, guilty pleas or no contest pleas in a 
military court in this State or any other state; 
F. Information for the 10-year period immediately preceding application relating to any 
bankruptcy petitions filed by or against the applicant, any business with which the 
applicant was associated or any officer, director or general partner of the applicant in 
this State or any other state; 
G. Information for the 10-year period immediately preceding application relating to 
any judgments or liens against the applicant, any business with which the applicant was 
associated or any officer, director or general partner of the applicant in this State or any 
other state; 
H. The applicant's workers' compensation insurance policy company name and policy 
number;
I. The applicant's liability insurance policy company name and policy number, if any;
J. Information about the status of all professional or occupational licenses and 
registrations in all jurisdictions in which the applicant holds or has held a license within 
the 10-year period immediately preceding application.  For the purposes of this section, 
an applicant may affirm that a license is in good standing in another jurisdiction only 
if the applicant:
(1) Does not have a complaint, allegation or investigation pending;
(2) Does not have a license that is suspended or subject to practice restrictions; and
(3) Has not surrendered a license or had a license revoked; and
K. The applicant's acknowledgement that the applicant is required to comply with all 
provisions of Title 10, chapter 219-A governing home construction contracts.
§18606. Public posting of registrants; disclaimer
The department shall make registrant information available on its publicly accessible 
website. The department shall include notice on its publicly accessible website that the 
information supplied by the registrant is not validated by the department and confers no 
assurance of competence.
§18607. Registration term; renewal
All registrations issued pursuant to this chapter expire on January 31st of each year.
§18608. Penalties
The following are violations of the Maine Unfair Trade Practices Act:
1. Failure to register.  Unless exempted under this chapter, acting as a residential 
construction contractor without registering as a residential construction contractor;
2. Failure to use written contract.  Unless exempted under this chapter, failure of a 
person that is registered under this chapter to provide a written contract or change order 
pursuant to Title 10, chapter 219-A; and
3. False information.  Submitting false information on the applicant's application to 
the department under this chapter.
§18609. Fees
A registrant shall pay an annual registration fee of $150 in a manner prescribed by the 
department to the department upon application or renewal.
SUMMARY
This bill, which is reported out by the Joint Standing Committee on Innovation, 
Development, Economic Advancement and Business pursuant to Resolve 2021, chapter 
76, establishes a mandatory registration process for residential construction contractors for 
the purpose of providing consumers an opportunity to confirm whether the contractor is 
operating legally, whether the contractor has certain insurances and whether the contractor 
has been subject to claims related to fraud, theft, deception, breach of contract and other 
violations that may have a bearing on the integrity of the contractor. Registration confers 
no assurance of competence. 
The committee has not taken a position on the substance of the bill and by reporting 
this bill out the committee is not suggesting and does not intend to suggest that it agrees or 
disagrees with any aspect of this bill. The committee is reporting the bill out for the sole 
purpose of obtaining a printed bill that can be referred to the committee for a public hearing 
and subsequent committee action in the normal course.