Chapter 402
S.P. 659 - L.D. 1842
PART LL
Sec. LL-1. 32 MRSA §14802, sub-§7, as amended by PL 1999, c. 386, Pt. V, §3, is repealed and the following enacted in its place:
7. License.
"License" means: A. A propane and natural gas technician license issued pursuant to this chapter containing one or more of the following endorsements: delivery technician; plant operator; tank setter and outside piping technician; appliance connection and service technician up to 500,000 BTUs per appliance; and large equipment connection and service technician over 500,000 BTUs per appliance;
B. A license issued to a dispensing station; and
C. A license issued to a propane and natural gas helper.
Sec. LL-2. 32 MRSA §14802, sub-§10, ¶C, as enacted by PL 1999, c. 133, §1, is amended to read:
C. Is operated by the general public at a registered licensed propane or natural gas installation;
Sec. LL-3. 32 MRSA §14803, as amended by PL 2003, c. 420, §1, is further amended to read:
There is established within the department the Propane and Natural Gas Board for the oversight of propane and natural gas licensure and the enforcement of the provisions of this Act.
1. Membership; appointment.
The board consists of 9 members who serve for 3-year terms, except that of the initial appointees 3 of the members serve a 3-year term, 2 of the members serve a 2-year term and 2 of the members serve a one-year term. With the exception of the fire chief member representing fire chiefs, the member representing from a labor organization and the public member as defined in Title 5, section 12004-A, all members must have at least 10 consecutive years of active experience in the propane or the natural gas industry immediately preceding appointment. Industry members must hold a valid license at the time of appointment, except that the initial industry member appointees must be licensed on or before July 1, 1997. The Governor shall appoint all industry and public members. The propane and natural gas industries in this State may make recommendations to the Governor concerning these appointments. Membership is as follows:A. Five members representing from industry, 3 of whom represent the propane industry, one of whom is a mechanical contractor and one of whom represents the natural gas industry;
B. One member representing Maine fire chiefs Maine fire chief, who may be recommended to the Governor by the Maine Fire Chiefs Association;
C. One public member representing the general public who is not related, either directly or indirectly, to either the natural gas industry or the propane industry as defined in Title 5, section 12004-A;
C-1. One member representing from a labor organization in the building and construction industry; and
D. One nonvoting member appointed by the Commissioner of Public Safety.
Appointments of members must comply with Title 10, section 60 8009. Members may be removed from office by the Governor for cause.
2. Officers.
At its first meeting, the board shall choose a chair and a vice-chair, who serve terms of one year. The vice-chair serves as chair the following year unless unwilling or unable. The board may elect other officers that it finds necessary.
3. Compensation.
Members of the board serve without per diem compensation but are entitled to reimbursement for expenses.
Sec. LL-4. 32 MRSA §14804, as amended by PL 2003, c. 204, Pt. F, §1, is further amended to read:
The board has the following powers.
1. Rules.
The board shall adopt rules necessary for the proper performance of its duties pursuant to the Maine Administrative Procedure Act to implement the licensure requirements established by this Act, which may include the following:A. Reasonable standards regarding education or its equivalent and experience requirements for applicants for licensure; and
B. Reasonable standards for license renewal.
The board shall adopt technical standards for the proper installation and servicing of propane and natural gas equipment by rule. The board may adopt by rule national or other technical standards, in whole or in part, it considers necessary to carry out the mandates of this chapter.
2. Meetings; chair; quorum.
The board shall hold meetings at least twice each meet at least once a year to conduct its business and to elect a chair. Additional meetings may must be held as necessary to conduct the business of the board and may be convened at the call of the chair or 4 a majority of the members of the board. A quorum of the board is 4 members. The board shall keep minutes that clearly reflect all acts and decisions made by the board, which must be available to the public upon request. Four members of the board constitute a quorum.
3. Licenses.
The board shall evaluate the qualifications of applicants for licensure under this chapter.
4. Hearings.
Hearings may be conducted by the board to assist with investigations to determine whether grounds exist for suspension or denial of a license or as otherwise necessary to the fulfillment of its responsibilities under this chapter. The board may not refuse to renew a license for any reason other than failure to pay a required fee unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the license denial, the reason for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
5. Contracts.
The board may enter into contracts to carry out its statutory responsibilities.
6. Budgets.
The board shall submit to the commissioner its budgetary requirements.
7. Personnel.
The commissioner shall appoint any employees necessary to carry out this Act. Any person so employed is an employee of the department and under the administrative and supervisory direction of the commissioner.
8. Inspection of aboveground and underground propane and natural gas storage facilities and rooftop installations of ASME containers.
The board shall inspect and issue permits to aboveground and underground propane and natural gas storage facilities and rooftop installations of ASME containers. The cost of inspection under this subsection and the permit may not exceed $50.
Sec. LL-5. 32 MRSA §14805, sub-§4, as enacted by PL 1995, c. 389, §4, is repealed.
Sec. LL-6. 32 MRSA §14805, sub-§5, as enacted by PL 1995, c. 389, §4, is repealed.
Sec. LL-7. 32 MRSA §14805, sub-§8, as repealed and replaced by PL 2003, c. 452, Pt. R, §18 and affected by Pt. X, §2, is amended to read:
8. Penalties.
The following penalties apply to violations of this chapter.A. A person, firm or corporation who makes a propane or natural gas installation without being licensed as provided by this chapter commits a Class E crime is subject to the provisions of Title 10, section 8003-C.
B. A person, firm or corporation in the propane or natural gas installation business who employs an unlicensed person, unless the work is exempted under this chapter, commits a Class E crime.
C. A person who procures any license as provided in this chapter wrongfully or by fraud commits a Class E crime.
Sec. LL-8. 32 MRSA §14805, sub-§10, as enacted by PL 2003, c. 452, Pt. R, §19 and affected by Pt. X, §2, is repealed.
Sec. LL-9. 32 MRSA §14806, as enacted by PL 1995, c. 389, §4 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.
A license that is suspended or revoked must be immediately surrendered to the board and held during any period of suspension or, if revoked, until reinstated as provided in this Act.
A person whose license is suspended or revoked for more than 90 days must establish that all requirements governing new applicants under this Act are met as a condition of reinstatement or return of the license, except that the board, in its discretion and giving due consideration to the protection of the public, may waive examination if the period of suspension is less than 2 years or, in the case of the revocation of a license, the applicant is both eligible and has made application for reinstatement of the license within 2 years of the effective date of that revocation.
Sec. LL-10. 32 MRSA §14806-A is enacted to read:
A person, firm or corporation in the propane or natural gas installation business who employs an unlicensed person, unless the work is exempted under this chapter, commits a Class E crime.
Sec. LL-11. 32 MRSA §14807, as amended by PL 1999, c. 790, Pt. B, §5, is further amended to read:
1. Establish propane and natural gas technician license.
The board shall establish one propane and natural gas technician license with endorsements described in this section that conform to the education and certification requirements of the National Propane Gas Association's certified employee training program or other propane or natural gas programs approved by the board, as follows:A. "Delivery technician" is a person who delivers propane at a customer's location. A license established by the board is not required for a delivery technician to operate a motor vehicle;
B. "Plant operator" is a person who works at a bulk plant and handles propane and propane equipment;
C. "Tank setter and outside piping technician" is a person who sets and maintains propane tanks and outside piping;
D. "Appliance connection and service technician" is a person who installs and services propane and natural gas appliances and indoor piping up to 500,000 BTUs per appliance; and
E. "Large equipment connection and service technician" is a person who installs and services propane and natural gas appliances and indoor piping over 500,000 BTUs per appliance.
2. License; valid.
The license established in this section is valid for 2 years from the date of issuance or as otherwise established by the commissioner.
3. Appropriate endorsement.
The board shall issue a license with the appropriate endorsement to the prospective licensee who has successfully passed an examination as prescribed by the board and who has filed the required application and fee as set under section 14813.
3-A. License required.
A person may not perform the functions governed by this Act after July 1, 1997 without first being licensed by the board.
4. License required; plant operators and delivery technician.
A person may not perform the functions governed by this Act after July 1, 1997 without first being licensed by the board as a propane and natural gas technician, except that plant operators and delivery technicians must be licensed within one year of first performing those functions. In order to qualify for the one-year provision, the delivery technician or plant operator must register apply for a temporary license with the board within 90 days after first performing that function.
4-A. Personal abode.
Nothing in this chapter prevents a person from making a propane or natural gas installation in a single family residence occupied or to be occupied by that person as that person's bona fide personal abode, as long as that installation conforms with board laws and rules.
5. Examination; qualification.
Notwithstanding any requirement set by the board as a qualification to sit for a license examination, a person working as a technician in the propane or the natural gas industry before January 1, 1996 is deemed qualified to sit for a license examination.
6. Propane and natural gas helper.
A person may not assist a licensed person propane and natural gas technician unless that person first registers with receives a license from the board as a propane and natural gas helper. A helper may work only under the direct and continuous supervision of a licensed person on-site. A licensed person may supervise no more than 2 helpers at any time. The board may set a fee for the propane and natural gas helper registration, not to exceed $40 biennially.
A licensed propane and natural gas technician who does not have the appropriate endorsement specified under this chapter or a person holding a temporary registration license as a plant operator or delivery technician, is not required to register be licensed as a propane and natural gas helper when assisting a licensed propane and natural gas technician who has the appropriate endorsement to perform a function.
7. Exceptions.
The licensing provisions of this section do not apply to:A. A highway transport driver who delivers propane to bulk plants or industrial customers;
B. An individual user of a self-service propane or natural gas dispenser as defined by section 14802, subsection 10;
C. Regular employees of industrial plants installing and servicing propane or natural gas-fired equipment of greater than 10,000,000 BTUs per hour input; or
D. Persons working on internal combustion engines and associated gas trains.
Sec. LL-12. 32 MRSA §14808, first ¶, as enacted by PL 1995, c. 389, §4, is amended to read:
The following registration, licensing, maintenance and installation standards apply to dispensing stations operating in the State.
Sec. LL-13. 32 MRSA §14808, sub-§1, as enacted by PL 1995, c. 389, §4, is amended to read:
1. Dispensing stations.
All dispensing stations must be registered licensed with the department biennially by the owner upon suitable forms designated and approved by the board. A dispensing station that undergoes a major repair, revision or relocation must provide that agency with updated information within 30 days of the completion of the change.
Sec. LL-14. 32 MRSA §14808, sub-§2, as enacted by PL 1995, c. 389, §4, is amended to read:
2. License.
Registration Licensure of the dispensing station is limited to:A. The name of the owner;
B. The address of the dispensing station;
C. The town or city and county in which the dispensing station is located;
D. The directions to the dispensing station;
E. The capacity in gallons of the dispensing station;
F. The name of the owner or operator to be contacted for inspection of the dispensing station by the State; and
G. The name of the owner or operator holding the limited operator's license required by this section.
Sec. LL-15. 32 MRSA §14810, as enacted by PL 1995, c. 389, §4 and amended by c. 502, Pt. H, §48, is repealed.
Sec. LL-16. 32 MRSA §14812, as enacted by PL 1995, c. 389, §4 and amended by c. 502, Pt. H, §48, is repealed.
Sec. LL-17. 32 MRSA §14813, as amended by PL 1999, c. 386, Pt. V, §12, is repealed and the following enacted in its place:
The Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose other than permit and inspection fees may not exceed $196. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. LL-18. 32 MRSA §14814, as amended by PL 1999, c. 386, Pt. V, §13, is further amended to read:
All licenses issued expire 2 years from the date of issuance or at other times the commissioner may designate. All licenses may be renewed for 2-year periods biennially upon filing payment of the appropriate application and renewal fee as set under section 14813.
The board shall notify a person registered under this chapter of the date of expiration of that person's license and the fee required for its renewal for a 2-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license.
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee as set under section 14813. Any person who submits an application for renewal more than 90 days after the license expiration date must pay an additional late fee as set under section 14813 and is subject to all requirements governing new applicants under this chapter, except that the board, in its discretion and giving due consideration to the protection of the public, may waive examination or other requirements if the renewal is made within 2 years from the date of the expiration. The board may establish penalties for nonrenewal. Notwithstanding any other provision of this chapter, the board shall waive examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who has failed to renew the license because the person was on active duty in the Armed Forces; except that the waiver of examination may not be granted if the person served more than 4 years in the Armed Forces, unless the person was required by some mandatory provision to serve a longer period and the person submits satisfactory evidence to the board.