An Act to Promote Consumer Protections in the Residential Building Sector by Requiring Contractors and Subcontractors to Supply Evidence of Insurance
Maine Legislature, Session 131, LD 1057
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: CURRY, DUCHARME, RISEMAN
Amends: 25 MRSA §2448

Legislative Document
No. 1057
S.P. 426
In Senate, March 7, 2023
An Act to Promote Consumer Protections in the Residential 
Building Sector by Requiring Contractors and Subcontractors to 
Supply Evidence of Insurance
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CURRY of Waldo.
Cosponsored by Representatives: DUCHARME of Madison, RISEMAN of Harrison.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2448, as amended by PL 2009, c. 364, §1, is repealed and the 
following enacted in its place:
§2448.  Construction permit; when required
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Public building" includes any building or structure constructed, operated or 
maintained for use by the general public, including, but not limited to, all buildings or 
portions of buildings used for: 
(1)  A schoolhouse, hospital, convalescent home, nursing home or boarding home 
to be licensed by the Department of Health and Human Services, Division of 
Licensing and Regulatory Services;
(2)  A theater or other place of public assembly, mercantile occupancy over 3,000 
square feet, hotel, motel or business occupancy of 2 or more stories; or
(3)  Any building to be state-owned or state-operated.
B.  "True copy" means an accurate representation by dimensioned plans and 
specifications of the final construction documents.  
2.  Permit required.  A property owner, agent or representative of the owner may not:
A.  Construct, alter or change the use of any structure to become a public building 
without first obtaining from the Commissioner of Public Safety or from a municipality 
designated pursuant to section 2448‑A a permit for that purpose. A request for a permit 
must be accompanied by a true copy of the plans and specifications for that 
construction, alteration or change of use; or
B.  Construct or alter a residential building without first obtaining from the 
Commissioner of Public Safety or from a municipality designated pursuant to section 
2448-A a permit for that purpose.  A request for a permit must be accompanied by 
either:
(1)  A certificate of insurance or other proof that the contractor and any 
subcontractor performing the work has contractor liability insurance and workers' 
compensation insurance; or
(2)  A waiver signed by the property owner, agent or representative of the owner 
stating that the owner accepts responsibility for the increased risk of engaging a 
contractor or subcontractor without the insurance described in subparagraph (1).
The commissioner must issue a permit only if the plans comply with statutes and lawful 
rules adopted to reduce fire hazards and are accompanied by the documents required by 
paragraph B.  
SUMMARY
This bill requires a request for a permit for a residential building to be accompanied by 
either a certificate of insurance or other proof that the contractor and any subcontractor 
performing the work has contractor liability insurance and workers' compensation 
insurance or a waiver that indicates the property owner accepts responsibility for the 
increased risk of engaging a contractor or subcontractor without proof of liability or 
workers' compensation insurance.