Maine § 25 §2465 Adoption of rules

Maine Statutes

§ 25 §2465 — Adoption of rules

Maine·Title 25 INTERNAL SECURITY AND PUBLIC SAFETY·Part 6 FIRE PREVENTION AND FIRE PROTECTION·Ch. 317 PREVENTIVE MEASURES AND RESTRICTIONS

1.Adoption of rules. 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: 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.

2.Prohibitio

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1.
Adoption of rules.
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:
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.
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.
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.
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.
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.
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.
6.
Penalty.
The following penalties apply.

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Legislative History

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