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Title 32 - §2311. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2311. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 569, §4 (new).]

1. Accessory equipment. "Accessory equipment" means equipment, materials and controls that are not integral parts of the oil or solid fuel burning unit but that are connected to the oil or solid fuel burning unit and have the potential to affect the safety of the oil or solid fuel burning equipment. [1999, c. 386, Pt. J, §1 (amd).]

2. Apprentice oil burner technician. "Apprentice oil burner technician" means a person who is licensed under this chapter and under the supervision of a master oil burner technician licensed under this chapter. A licensed apprentice oil burner technician may assist in making oil burner installations, repairs and servicing of oil burning equipment under the direct supervision of a master or journeyman oil burner technician. [1999, c. 386, Pt. J, §1 (amd).]

3. Apprentice solid fuel burner technician. "Apprentice solid fuel burner technician" shall mean a person who is licensed under this chapter to assist in making solid fuel burner installations, repairs and service of solid fuel burning equipment under the direct supervision of a master solid fuel burner technician. [1979, c. 569, §4 (new).]

4. Approved. [1991, c. 198, §5 (rp).]

4-A. Chimney. "Chimney" means a factory-built, masonry or metal chimney constructed to allow one or more vertical or nearly vertical passageways for conveying flue gases from a building to the outside atmosphere. [1991, c. 198, §6 (new).]

4-B. Chimney or fireplace installer. "Chimney or fireplace installer" means any person, firm or company who installs chimneys or fireplaces for compensation. [1991, c. 198, §6 (new).]

4-C. Disclosure. "Disclosure" means a written statement of information provided to a consumer by an installer of chimneys or fireplaces prior to the actual installation. [1991, c. 198, §6 (new).]

5. Equipment for burning oil and solid fuel. "Equipment for burning oil and solid fuel" shall mean the device or arrangement designed to deliver and prepare the oil, coal or wood fuel for burning in a combustion chamber. Wood burning fireplace stoves, room heaters and stoves designed exclusively for heating and cooking and not attached to a central heating system are excluded from this chapter. Any heating or cooling equipment operated by means of solar energy is excluded from this chapter. [1979, c. 569, §4 (new).]

6. Equipment installations. "Equipment installations" means the installation, alteration or repair of oil and solid fuel burning equipment, chimneys and fireplaces, as defined in this chapter, including accessory equipment as relating only to the safety of the installation. Associated electrical equipment must be wired in compliance with the rules of the Electricians' Examining Board. [1991, c. 198, §7 (amd).]

6-A. Fireplace. "Fireplace" means a factory-built or masonry hearth, fire chamber or similarly prepared place. [1991, c. 198, §8 (new).]

7. Journeyman oil burner technician. "Journeyman oil burner technician" means any person licensed under this chapter to install, clean, service, alter or repair oil burning equipment. A journeyman oil burner technician may install oil burning equipment only under the supervision of a master oil burner technician licensed under this chapter and must at all times be under the supervision of, or in the employ of, a master oil burner technician licensed under this chapter. [1999, c. 386, Pt. J, §2 (amd).]

8. Master oil burner technician. "Master oil burner technician" means a person who is licensed under this chapter to engage in the business of installing or servicing oil burning equipment. [1999, c. 386, Pt. J, §3 (amd).]

9. Master solid fuel burner technician. "Master solid fuel burner technician" means a person who is licensed under this chapter to engage in the business of installing and servicing solid fuel burning equipment. [1999, c. 386, Pt. J, §4 (amd).]

9-A. Registered. [1999, c. 386, Pt. J, §5 (rp).]

10. Solid fuel. "Solid fuel" means coal, wood and other similar organic materials or any combination of them. [1993, c. 404, Pt. A, §2 (rpr).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 32 - §2312-A. Issuance of certificate of registration and appeal procedures (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2312-A. Issuance of certificate of registration and appeal procedures (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 32 - §2312-B. Major equipment sales information

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2312-B. Major equipment sales information

Upon request by the board or its authorized agent, wholesalers and retailers of major oil and solid fuel heating equipment shall provide sales information to the board regarding such equipment. "Major oil and solid fuel heating equipment" includes, but is not limited to, furnaces, boilers, oil burners, fuel oil supply tanks of any size and side wall direct venting space heaters. Sales information may include the identity of the purchaser, the date of purchase, the make, model and serial number, if applicable, and any other information requested. [1995, c. 353, §22 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §2312. Registration process (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2312. Registration process (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 32 - §2313-A. Disclosures; penalties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2313-A. Disclosures; penalties

Effective January 1, 1992, a chimney or fireplace installer must issue a disclosure to any consumer prior to the installation taking place. Disclosures must be in a format determined by the board and contain the information the board considers necessary. [1991, c. 198, §12 (new).] div>
Any chimney or fireplace installer who fails to provide a disclosure to a consumer prior to the installation of a chimney or fireplace commits a civil violation for which a forfeiture of not less than $500 may be adjudged. [RR 1991, c. 1, §46 (cor).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §2313. Installations to conform to standards

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2313. Installations to conform to standards

No installation of oil or solid fuel burning equipment or chimneys and fireplaces as defined in this chapter may be made in the State unless the installation complies with all standards and regulations adopted by the board. Whenever oil or solid fuel burning equipment, accessory equipment or installation thereof are separately contracted, the master burner technician in charge of installation is responsible for ascertaining total conformance to the standards. Whenever any state oil and solid fuel compliance officer finds a person installing or assisting in an oil or solid fuel burner installation, the person shall, on request of the compliance officer, provide evidence of being properly licensed when required by this chapter and, if unable to provide the evidence, shall furnish the compliance officer with that person's full name and address and, if applicable, the full name and address of the master in charge. [1991, c. 198, §11 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §2314. Municipal licenses not required; municipal permits

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2314. Municipal licenses not required; municipal permits

No municipality, provisions in charters to the contrary, shall require oil or solid fuel burner technicians to be municipally licensed, but no municipality shall issue a permit for an oil or solid fuel burner installation unless satisfied that the person applying for the permit complies with the requirements of this chapter. [1979, c. 569, § 4 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §2315. State oil and solid fuel compliance officers

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2315. State oil and solid fuel compliance officers

1. Inspection. State oil and solid fuel compliance officers, upon written complaint of any owner, lessee or tenant of a building, state fire inspector, fire chief, fire department inspector, personnel of a transmission and distribution utility or local electrical inspector, or whenever they consider it necessary, for purposes of examination of the burner, chimney or fireplace installation, may at all reasonable hours enter into and upon all buildings or premises within their jurisdiction and inspect the buildings or premises. The inspectors may enter any building only with the permission of the person having control of the building or, after hearing, upon order of the court. Whenever any such compliance officer finds any burner, chimney or fireplace installation in any building or structure that does not comply with the requirements of this chapter, that officer shall order the burner, chimney or fireplace to be removed or remedied, and the order must forthwith be complied with by the owner or occupant of that building or structure or the installer of the equipment. If the compliance officer finds an installation, which falls under the compliance officer's jurisdiction in any building or structure that creates a danger to other property or to the public, the compliance officer may forbid the use of the building or structure by serving a written order upon the owner and the occupant, if any, to vacate within a reasonable period of time to be stated in the order. [1999, c. 657, §15 (amd).]

2. Order to correct deficiency; appeal. Any person ordered by a state oil and solid fuel compliance officer to correct a deficiency or to vacate a building or structure may appeal the order by filing with the board within 7 days of receipt of the order a written notice of appeal. The board shall review that appeal and issue its written decision within a reasonable time after receipt of the notice of appeal. If the board upholds the compliance officer's order, it shall prescribe a time period for the requisite correction specified in its written decision or the time within which that person must vacate the building or structure. The decision must be complied with, unless appealed as provided. Any person ordered by the board to correct a deficiency or to vacate a building or structure may appeal the order to the Superior Court in accordance with Title 5, chapter 375, subchapter II-A by filing a petition for review within 48 hours of receipt of the order. The court shall issue its written decision within 20 days after receipt of the petition for review. [1999, c. 386, Pt. J, §8 (new).]

3. Final orders. The decision of the Superior Court on an appeal is final. An order by a state oil and solid fuel compliance officer and any order by the board are final and subject to no further appeal upon failure to file a timely, written appeal as provided in subsection 2. [1999, c. 386, Pt. J, §8 (new).]

4. Injunction to enforce order. Upon the failure of any person to carry out a final order as provided in subsection 3, the board may petition the Superior Court for the county in which the building or premises are located for an injunction to enforce that order. If the court determines, upon hearing such a petition, that a lawful final order was issued, it shall order compliance. [1999, c. 386, Pt. J, §8 (new).]

5. Powers of oil and solid fuel compliance officers. Oil and solid fuel compliance officers have powers throughout the several counties of the State, similar to those of sheriffs in their respective counties, relating to enforcement of this chapter and rules adopted under this chapter. These powers are limited to the issuing of citations, the serving of summonses, the conducting of investigations, the ordering of corrections of violations and the issuance of orders to vacate a building or structure in accordance with this chapter. State oil and solid fuel compliance officers may review the burner, chimney or fireplace installation records of any person licensed under this chapter or any person performing installations as authorized under this chapter. [1999, c. 386, Pt. J, §8 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §2316. Failure to comply with order of compliance officer

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2316. Failure to comply with order of compliance officer

If the owner, occupant of any building or an installer neglects or refuses, without justification, for more than 10 days to comply with any order of an oil or solid fuel burner compliance officer concerning oil or solid fuel burner, chimney or fireplace installations as provided by this chapter, that person commits a civil violation for which a forfeiture of not less than $100 for each day's neglect may be adjudged. [1991, c. 198, §14 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2317. Violations; penalties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 1-A: GENERAL PROVISIONS

§2317. Violations; penalties

1. Penalties. The following penalties apply to violations of this chapter.

A. A person, firm or corporation who makes an oil or solid fuel burner installation without being licensed as provided by this chapter commits a Class E crime. [2003, c. 452, Pt. R, §5 (new); Pt. X, §2 (aff).]

B. A person, firm or corporation in the oil or solid fuel burner installation business that employs an unlicensed person, unless the work is exempted under this chapter, commits a Class E crime. [2003, c. 452, Pt. R, §5 (new); Pt. X, §2 (aff).]

C. A person who procures a license as provided in this chapter wrongfully or by fraud commits a Class E crime. [2003, c. 452, Pt. R, §5 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. R, §5 (new); Pt. X, §2 (aff).]

2. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §5 (new); Pt. X, §2 (aff).]

3. Injunctive relief. The State may bring an action in Superior Court to enjoin a person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether civil proceedings to impose a fine have been or may be instituted. [2003, c. 452, Pt. R, §5 (new); Pt. X, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §2351. Appointment; vacancies; removal; compensation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2351. Appointment; vacancies; removal; compensation

The Oil and Solid Fuel Board, as established by Title 5, section 12004-A, subsection 27, and in this chapter called the "board," consists of the Commissioner of Public Safety or a representative and 6 other members, called in this chapter the "appointive members," who are appointed by the Governor. [2001, c. 633, §1 (amd).] div>
Four of the appointive members must be oil burner technicians who are active in the trade. One of the members must have at least 5 years' experience and the other 3 members must have at least 10 years' experience as oil burner technicians. Of those members, 2 members may be recommended by the Maine Oil Dealers Association; one member may be recommended by a national association of oil heat service managers with a chapter in the northern part of the State; and one member may be recommended by a national association of oil heat service managers with a chapter in the southern part of the State. One of the appointive members must be a representative of the solid fuel burning industry and one must be a representative of the public. [2001, c. 633, §1 (amd).] div>
The appointive members are appointed for terms of 4 years. Appointments of members must comply with section 60. [1993, c. 600, Pt. A, §140 (amd).] div>
Any appointive member of the board may be removed from office by the Governor for cause. [1983, c. 413, §117 (amd).] div>
Annually, the 6 appointive members of the board shall choose one of their members as chairman. [2001, c. 633, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2352. Employees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2352. Employees

The Commissioner of Professional and Financial Regulation, with the advice of the board, may appoint, subject to the Civil Service Law, such employees as may be necessary to carry out this chapter. Any persons so employed are located in the Department of Professional and Financial Regulation and under the administrative and supervisory direction of the Commissioner of Professional and Financial Regulation. In addition, the board may enter into contracts to carry out its responsibilities under this chapter. [1991, c. 509, §22 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2353. Meetings; rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2353. Meetings; rules

The board shall meet at least once a year to conduct its business and elect its officers. Additional meetings may be held as necessary to conduct the business of the board, and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum for all purposes. The board may adopt standards and rules as necessary, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, for the holding of examinations and for carrying out this chapter, and provide for reciprocity of licensing with similar boards of other states that maintain standards equivalent to those provided under this chapter. [1999, c. 386, Pt. J, §12 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2354. Disposal of fees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2354. Disposal of fees (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2355. Investigation of complaints; suspension or revocation of licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2355. Investigation of complaints; suspension or revocation of licenses

The board shall investigate all complaints made to it and all cases of noncompliance with or violation of this chapter. The board may suspend or revoke a license issued under this chapter pursuant to Title 5, section 10004. The board may refuse to issue or renew a license or the District Court may suspend, revoke or refuse to renew the license of any licensee who is found guilty of: [1983, c. 413, §120 (rpr); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

1. Fraud or deceit. The practice of fraud or deceit in obtaining a license; [1983, c. 413, §120 (rpr).]

2. Negligence or misconduct. Any gross negligence, incompetency or misconduct in the performance of the work of making burner installations. Continued failure to conform to standards or rules adopted by the board shall be prima facie evidence of gross negligence or incompetency; or [1983, c. 413, §120 (rpr).]

3. Violations. Any violation of this chapter. [1983, c. 413, §120 (new)]
div>
Any license suspended by the board or suspended or revoked by the District Court Judge shall be immediately surrendered to the board and held during any period of suspension, or if revoked, until reinstated as provided in this chapter. [1983, c. 413, §120 (rpr); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).] div>
There shall be no appeal from the failure of the board to issue a license as a result of an applicant failing to pass an examination where the results of the examination have been unanimously certified by the board to be correct. [1983, c. 413, §120 (rpr).] div>
Any person whose license is suspended or revoked for more than 90 days shall establish that he meets all requirements governing new applicants under this chapter as a condition of reinstatement or return of his license, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the period of suspension is less than 2 years or, in the case of revocation of license, the applicant is both eligible and has made application for reinstatement of license within 2 years of the effective date of revocation. [1985, c. 389, §14 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2356. Records

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2356. Records

The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions. [1983, c. 413, § 121 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2357. Reports

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2357. Reports

Not later than August 1st of each year, the board shall submit to the Commissioner of Business Professional and Financial Regulation for the preceding fiscal year ending June 30th an annual report of its operations and financial position, together with such comments and recommendations as the board deems essential. [1987, c. 395, Pt. A, § 171 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2358. Hearings

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 2: LICENSING BOARD

§2358. Hearings

Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. [1983, c. 413, § 122 (new).] div>
The board shall 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 denial of his application, the reasons therefor and his right to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts. [1983, c. 413, § 122 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §2401-A. Exceptions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2401-A. Exceptions

The licensing provisions of this chapter shall not apply to the following: [1979, c. 569, §13 (new).]

1. Electricians. Any electrician duly licensed under chapter 17 insofar as the installation of electrical equipment or the performance of any electrical work involved in the installation of oil or solid fuel burners is concerned; [1979, c. 569, §13 (new).]

2. Plumbers. Any plumber duly licensed under chapter 49 insofar as the work covered by that chapter is involved; [1979, c. 569, §13 (new).]

3. Mechanics. The installation of air-handling equipment, sheet metal and other specialized equipment and services associated with the oil or solid fuel burning equipment may be made by qualified mechanics of those trades who do not hold an oil or solid fuel burner technician's license. The installations must conform to the standards and rules of the board and must be made under the supervision of a master oil or solid fuel burner technician having responsibility for the installations; [1991, c. 198, §18 (amd).]

4. Engineers and operators. A person holding an engineer's license issued under, section 15109, or working under the general supervision of one so licensed while performing oil or solid fuel burner repair and maintenance as is necessary in the steam or heating plant where that person is employed, if that work is performed in compliance with section 2313, or a person employed by companies under the jurisdiction of the Public Utilities Commission or the United States Nuclear Regulatory Commission whose facilities are subject to inspection under Title 26, chapter 5, subchapter II, Article 4; [1995, c. 560, Pt. H, §13 (amd); §17 (aff).]

4-A. Employees displaced by utility divestiture. [T. 32, §2401-A, sub-§4-A (rp).]

5. Plants. A person operating oil or solid fuel burning equipment of greater than 10,000,000 BTU's per hour input; [1979, c. 569, §13 (new).]

6. Personal abode. Nothing in this chapter prevents a person from making an oil or solid fuel burner installation in a single family residence occupied or to be occupied by that person as that person's bona fide personal abode, provided that the installation conforms with board laws and rules. [1999, c. 386, Pt. J, §13 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2401-B. Issuance of licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2401-B. Issuance of licenses

1. Application; qualifications. The board shall issue a license to any person who files a sworn application, who passes an examination approved by the board and who meets the following applicable qualifications.

A. For a journeyman oil burner technician license, a person must present satisfactory evidence to the board of at least:

(1) One year's licensed practical experience as an apprentice oil burner technician;

(2) Six months of licensed practical experience and completion of an oil burner technician course at a Maine community college, career and technical education center or career and technical education region or a comparable institute from Maine or another state consisting, at a minimum, of 160 hours of study, of which at least 75 hours are made up of laboratory work on oil burner equipment and related systems; or

(3) Successful completion of a minimum one-year accredited heating course at a Maine community college consisting, at a minimum, of 320 hours of study, of which at least 150 hours are made up of laboratory work on oil burner equipment and related systems.

An out-of-state applicant must present satisfactory evidence to the board of experience in installing, cleaning, servicing, altering and repairing oil burning equipment. [2003, c. 11, §1 (rpr); c. 20, Pt. OO, §2 (amd); §4 (aff); c. 545, §5 (rev).]

B. For a master oil burner technician license, a person must present to the board satisfactory evidence of a total of 4 years' licensed practical experience as an apprentice oil burner technician and a journeyman oil burner technician and evidence that the licensed practical experience for at least 2 of those 4 years was as a licensed journeyman oil burner technician, or other such requirements as the board may establish. Courses approved to become licensed as a journeyman can not be applied toward the licensing requirements for a master. An out-of-state applicant must present satisfactory evidence to the board of experience in installing, cleaning, servicing, altering and repairing oil burning equipment. [1999, c. 386, Pt. J, §14 (new).]

C. For a master solid fuel burner technician license, a person must present to the board satisfactory evidence of at least 2 years' licensed practical experience and related knowledge; a master oil burner technician's license issued under this chapter; or a bachelor's degree in engineering from an accredited university and satisfactory evidence of knowledge of solid fuel burning equipment. An out-of-state applicant must present satisfactory evidence to the board of experience in installing, cleaning, servicing, altering and repairing solid fuel burning equipment. [2001, c. 260, Pt. E, §3 (amd).]

[2003, c. 11, §1 (amd); c. 20, Pt. OO, §2 (amd); §4 (aff); c. 545, §5 (rev).]

2. Apprentice. The board may issue an apprentice license without examination to any person who applies and submits a fee as adopted by the Director of the Office of Licensing and Registration by rule. Any such person employed by, or under the direct supervision of, a master licensee must apply for an apprentice license immediately upon employment or immediately after beginning school in a heating program. An apprentice oil burner technician may clean oil burners and oil burning equipment as specified by rule. [1999, c. 685, §2 (amd).]

3. License certificate. All persons licensed by the board must receive a license certificate that must be publicly displayed at the principal place of business of the licensee, if any, and a pocket card license that must be carried on the person and displayed at any time upon request. [1999, c. 386, Pt. J, §14 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2401. License required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2401. License required

An installation or servicing of oil and solid fuel burner equipment may not be made, except as provided in this chapter, unless made by a person licensed by the board. [2001, c. 633, §2 (amd).] div>
The board may issue a limited license to a manufactured housing mechanic as defined and licensed in Title 10, chapter 951 for the limited purpose of allowing the mechanic to install outside residential heating oil tanks at manufactured housing defined by Title 10, section 9002, subsection 7, paragraph A. Requirements for attaining the limited license must include training for proper installation of an outside oil tank of at least 4 hours at an education course approved by the board. [2001, c. 633, §2 (new).] div>
The board may issue a joint limited license to a manufactured housing dealer, as defined and licensed in Title 10, chapter 951, and an individual employee of the dealer who is named as the corecipient of the joint limited license for the limited purpose of allowing the employee to install outside residential heating oil tanks at manufactured housing, as defined in Title 10, section 9002, subsection 7, paragraph A, that has been sold by the dealer. Requirements for attaining the joint limited license must include training, of at least 4 hours at an education course approved by the board, completed by the employee named as the corecipient of the joint limited license, for proper installation of an outside oil tank. The joint limited license is revoked upon termination of the employee named as the corecipient of the joint limited license from the employ of the dealer. [2003, c. 89, §1 (new).] div>
The board may issue a joint limited license to the owner of a manufactured housing dealership for the limited purpose of allowing the owner to install outside residential heating oil tanks at manufactured housing, as defined in Title 10, section 9002, subsection 7, paragraph A, that has been sold by the owner. For the purposes of the joint limited license, the board shall consider the owner as both the dealer and the employee named as the corecipient. Requirements for attaining the joint limited license must include training of at least 4 hours at an education course approved by the board, completed by the owner, for proper installation of an outside oil tank. The joint limited license is revoked upon the owner ceasing to operate as a manufactured housing dealer. [2003, c. 89, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2402-A. Rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2402-A. Rules

The board may adopt reasonable rules for the issuance of various types and classes of licenses to cover oil and solid fuel burner installations and to set forth standards and rules for product approval. A license may cover one or more types of installations. The board may further adopt reasonable rules concerning the term and type of experience required by candidates for examination. [1999, c. 386, Pt. J, §16 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2402-B. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2402-B. Fees

The Director of the Office of Licensing and Registration may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $350 biennially. The fee for the limited license for a manufactured housing mechanic or the joint limited license for a manufactured housing dealer and employee or owner may not exceed $50 biennially. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [2003, c. 89, §2 (amd).]

1. Application. [1999, c. 685, §3 (rp).]

2. Examination. [1999, c. 685, §3 (rp).]

3. Licensure. [1999, c. 685, §3 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2402. Rules; fees; application; certificates (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2402. Rules; fees; application; certificates (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2403. Examinations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2403. Examinations

Applicants for a master or journeyman's oil burner technician or master solid fuel burner technician license shall present to the board a written application for examination, containing such information as the board may require, accompanied by the prescribed fee. Examinations shall be in whole or in part in writing, shall be conducted by the board and shall be of a thorough and practical character commensurate with the responsibilities of the type of license applied for. [1983, c. 553, § 38 (amd).] div>
Examinations may include questions on the rules of the Oil and Solid Fuel Board, applicable National Fire Protection Association Standards and provisions of the National Electrical Code as may be applicable to the installations and the equipment. Any person failing to pass the first examination in any one category may be reexamined at a time agreeable to the board upon payment of the examination fee. [1999, c. 386, Pt. J, §17 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2404. Renewals

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2404. Renewals

All licenses expire 2 years from the original date of issue or at such other time as the Commissioner of Professional and Financial Regulation may designate. The licenses may be renewed on a biennial basis without further examination upon the payment of the proper fee. The board shall notify everyone registered under this chapter of the date of expiration of the license and the amount of 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 expiration upon payment of a late fee in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination or other requirements. The board may assess penalties for late renewals more than 90 days after the date of expiration. [1999, c. 685, §4 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2405. Grandfather clause (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2405. Grandfather clause (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §2406. Corporations, firms and partnerships

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 33: OIL AND SOLID FUEL BOARD
Subchapter 3: LICENSES

§2406. Corporations, firms and partnerships

The board may issue a company license to a corporation, firm, partnership or limited liability company. Such a license may not be issued unless the applicant provides satisfactory evidence that it has a licensed master oil burner or solid fuel burner technician directly in charge of its heating business activities who is an officer in the case of a corporation, or full-time employee, in the case of a firm or partnership, and the license must be issued in the name of that master oil burner or solid fuel burner technician. Upon the death or severance from the company of the licensed master oil burner or solid fuel burner technician in whose name the company license is held, the company license automatically terminates 30 days from the date of that death or severance, unless the company applies for reissuance of its license in the name of another licensed master oil burner or solid fuel burner technician who is qualified under this section. [1999, c. 386, Pt. J, §18 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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