§2465. Adoption of rules

Link to law: http://legislature.maine.gov/legis/statutes/25/title25sec2465.html
Published: 2015

§2465. Adoption of rules








1. Adoption of rules. 




[
2005, c. 571, §1 (RP)
.]








1-A. Routine technical rules. 
The Commissioner of Public Safety shall adopt rules pertaining to the construction,
installation, maintenance and inspection of chimneys, fireplaces, vents and solid
fuel burning appliances. Rules adopted pursuant to this subsection may include rules
pertaining to maintenance and inspections, except as provided in subsection 1-B.
Rules adopted pursuant to this subsection may not prohibit:





A. The continued use of an existing connection of a solid fuel burning appliance to a
chimney flue to which another appliance burning oil or solid fuel is connected for
any chimney existing and in use prior to February 2, 1998 as long as:



(1) Sufficient draft is available for each appliance;



(2) The chimney is lined and structurally intact; and



(3) A carbon monoxide detector is installed in the building near a bedroom; or [2011, c. 225, §1 (NEW).]











B. The connection of a solid fuel burning appliance to a chimney flue to which another
appliance burning oil or solid fuel is connected for any chimney existing and in use
on or after February 2, 1998 as long as:



(1) Sufficient draft is available for each appliance;



(2) The chimney is lined and structurally intact;



(3) A carbon monoxide detector is installed in the building near a bedroom;



(4) The solid fuel burning appliance has been listed by Underwriters Laboratories
or by an independent, nationally recognized testing laboratory or other testing laboratory
approved by the Maine Fuel Board, established under Title 5, section 12004-A, subsection
49; and




(5) The solid fuel burning appliance is installed in accordance with the manufacturer's
installation specifications. [2011, c. 225, §1 (NEW).]








Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2-A.


[
2011, c. 225, §1 (RPR)
.]








1-B. Major substantive rules. 
The Commissioner of Public Safety may adopt rules requiring maintenance and inspection
of chimneys, fireplaces, vents and solid fuel burning appliances upon the sale or
transfer of property. Rules adopted pursuant to this subsection are major substantive
rules as defined in Title 5, chapter 375, subchapter 2-A.


[
2005, c. 571, §1 (NEW)
.]








2. Prohibitions. 
A person may not for compensation construct, install or maintain any vent or solid
fuel burning appliance unless that vent or appliance is constructed, installed or
maintained in accordance with this section or the rules adopted pursuant to this section.
Construction and installation of chimneys and fireplaces are also governed by Title
32, chapter 139.


[
2009, c. 344, Pt. D, §2 (AMD);
2009, c. 344, Pt. E, §2 (AFF)
.]








3. Enforcement. 
Subject to Title 32, chapter 139, the Commissioner of Public Safety or the commissioner's designees, state fuel inspectors, duly appointed fire chiefs or their designees and municipal building officials and
code enforcement officers may enforce the requirements of this section, the rules
adopted pursuant to this section and Title 32, section 18108.


[
2009, c. 344, Pt. D, §3 (AMD);
2009, c. 344, Pt. E, §2 (AFF)
.]








4. Prior installation. 
Any chimney, fireplace, vent or solid fuel burning appliance constructed or installed
prior to July 13, 1982 may be continued in use subject to the provisions of section
2432.


[
2005, c. 571, §1 (AMD)
.]








5. Home rule. 
Subject to Title 32, chapter 139, any municipality may adopt ordinance requirements for the materials, installation,
construction, maintenance or inspection of chimneys, fireplaces, vents or solid fuel
burning appliances that exceed the requirements of this section and the rules adopted
pursuant to this section.


[
2009, c. 344, Pt. D, §4 (AMD);
2009, c. 344, Pt. E, §2 (AFF)
.]








5-A. Safety information. 
A new factory-built fireplace, fireplace stove or solid fuel burning room heater
may not be sold in retail trade, unless the seller provides the buyer, on or before
the sale, with an installation instruction manual or, in the case where such a manual
is not available, with a publication of the Department of Economic and Community Development
containing recommended clearances in accordance with the rules adopted pursuant to
this section.


[
2005, c. 571, §1 (AMD)
.]








6. Penalty. 
The following penalties apply.





A. A person who, for compensation, constructs or installs vents or solid fuel burning
appliances in violation of the standards and then permits such violation to remain
uncorrected after 30 days' notice from an official empowered to enforce this section
commits a civil violation for which a fine of not more than $500 for each violation
may be adjudged. The court may waive any penalty or cost against a violator upon
satisfactory proof that the violation was corrected within 30 days of the issuance
of a complaint. Construction and installation of chimneys and fireplaces are governed
by Title 32, chapter 139. [2009, c. 344, Pt. D, §5 (AMD); 2009, c. 344, Pt. E, §2 (AFF).]











B. A person who fails to provide a purchaser with an instruction manual or the authorized
publication of the Department of Economic and Community Development, as described
in subsection 5-A, commits a civil violation for which a fine of not less than $200
and not more than $500 may be adjudged. [2003, c. 452, Pt. N, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]











C. A person who violates paragraph B after having previously violated paragraph B commits
a civil violation for which a fine of not less than $500 and not more than $800 for
each offense may be adjudged. [2003, c. 452, Pt. N, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]











D. A person who violates a rule adopted pursuant to this section commits a civil violation
for which a fine of not less than $200 and not more than $500 may be adjudged, except
that this paragraph does not apply to a rule requiring an annual chimney inspection
for a single-family home. [2005, c. 571, §1 (NEW).]







In addition to the penalties provided in this subsection, a violation of this chapter
constitutes a violation of Title 5, chapter 10.


[
2009, c. 344, Pt. D, §5 (AMD);
2009, c. 344, Pt. E, §2 (AFF)
.]





SECTION HISTORY

1981, c. 622, (NEW).
1983, c. 231, §§1,2 (AMD).
1989, c. 501, §§DD32,DD33 (AMD).
1991, c. 198, §§3,4 (AMD).
1991, c. 714, §§7,8 (AMD).
1997, c. 728, §§31,32 (AMD).
RR 2003, c. 1, §25 (COR).
2003, c. 452, §N6 (AMD).
2003, c. 452, §X2 (AFF).
2005, c. 571, §1 (AMD).
RR 2007, c. 2, §12 (COR).
2009, c. 250, §1 (AMD).
2009, c. 344, Pt. D, §§2-5 (AMD).
2009, c. 344, Pt. E, §2 (AFF).
2011, c. 225, §1 (AMD).
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