Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                   FIRST SPECIAL SESSION-2021
Legislative Document                                                            No. 1691
S.P. 547                                                          In Senate, May 10, 2021
           An Act To Require Licensing for Certain Mechanical Trades
   Received by the Secretary of the Senate on May 6, 2021. Referred to the Committee on
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2
and ordered printed.
                                                                    DAREK M. GRANT
                                                                   Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Senator: MIRAMANT of Knox, Representatives: GERE of Kennebunkport,
PEBWORTH of Blue Hill, ROEDER of Bangor, WARREN of Scarborough.
                                      Printed on recycled paper
 Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 5 MRSA §12004-A, sub-§50 is enacted to read:
     50.
  Mechanical Trades Board                       Expenses Only            32 MRSA §15331
54
     Sec. 2. 32 MRSA c. 20, as amended, is repealed.
     Sec. 3. 32 MRSA c. 134 is enacted to read:
                                      CHAPTER 134
                                MECHANICAL TRADES
                                     SUBCHAPTER 1
                                GENERAL PROVISIONS
 §15321. Definitions
    As used in this chapter, unless the context otherwise indicates, the following terms
 have the following meanings.
     1. Board. "Board" means the Mechanical Trades Board as set out in section 15331.
    2. Department. "Department" means the Department of Professional and Financial
 Regulation.
     3. Fire protection sprinkler system. "Fire protection sprinkler system" means an
 assembly of overhead piping or conduits that conveys water with or without other agents
 to dispersal openings or devices to extinguish, control or contain fire and to provide
 protection from exposure to fire or the products of combustion, planned in accordance with
 a national or state standard.
      4. Installation. "Installation" means the initial placement of a system or part of a
 system or the extension, modification or alteration of a system or part of a system after the
 initial placement.
    5. Insulating. "Insulating" means the supervision, fabrication, installation and
 maintenance of mechanical insulation.
     6. Journeyman mechanical insulator. "Journeyman mechanical insulator" means a
 person who, in accordance with this chapter:
     A. Has completed a 4-year apprentice program certified by the Department of Labor
     or has passed a journeyman mechanical insulator examination; and
     B. Without supervision, performs insulating.
     7. Journeyman pipefitter.         "Journeyman pipefitter" means a person who, in
 accordance with this chapter:
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    A. Has completed a 5-year apprentice program or has passed a journeyman pipefitter
    examination; and
    B. Without supervision, performs the work of pipefitting.
    8. Journeyman refrigeration technician. "Journeyman refrigeration technician"
 means a person who, in accordance with this chapter:
    A. Has completed a 5-year apprentice program or has passed a journeyman
    refrigeration technician examination; and
    B. Without supervision, performs the work of refrigeration and air conditioning system
    installation and repair.
     9. Journeyman sheet metal worker. "Journeyman sheet metal worker" means a
 person who, in accordance with this chapter:
    A. Has completed a 4-year apprentice program or has passed a journeyman sheet metal
    worker examination; and
    B. Without supervision, performs sheet metal work.
     10. Journeyman sprinklerfitter. "Journeyman sprinklerfitter" means a person who,
 in accordance with this chapter:
    A. Has completed and been graduated from an apprentice program that is at least 4
    years in duration and consists of at least 2,000 work hours per year in the field of fire
    protection sprinkler fitting installation and repair and maintenance of fire protection
    sprinkler systems with 144 hours per year of class time and has passed a journeyman
    sprinklerfitter examination; and
    B. Without supervision, performs the work of fire protection sprinkler fitting
    installation and repair and maintenance of fire protection sprinkler systems.
     11. Master fire protection sprinkler contractor. "Master fire protection sprinkler
 contractor" means a person who, in accordance with this chapter:
    A. Has a regular place of business; and
    B. Without supervision, performs fire protection sprinkler system installation, repair
    and testing.
    12. Master mechanical contractor. "Master mechanical contractor" means a person
 who, in accordance with this chapter:
    A. Has worked as a contractor;
    B. Has been a journeyman pipefitter for at least 10 years;
    C. Has been a master refrigeration contractor for at least 10 years; and
    D. Is designated as a master mechanical contractor pursuant to this chapter.
     13. Master mechanical insulator contractor. "Master mechanical insulator
 contractor" means a person who, in accordance with this chapter:
    A. Has worked as a contractor;
    B. Has a regular place of business; and
    C. Without supervision, performs insulating.
                                       Page 2 - 130LR1545(01)
     14. Master refrigeration contractor. "Master refrigeration contractor" means a
 person who, in accordance with this chapter:
     A. Has a regular place of business; and
     B. Without supervision, performs refrigeration and air conditioning installation and
     repair.
    15. Master sheet metal contractor. "Master sheet metal contractor" means a person
 who, in accordance with this chapter:
     A. Has a regular place of business; and
     B. Without supervision, performs sheet metal work.
     16. Mechanical insulation. "Mechanical insulation" means commercial and
 industrial insulation used to conserve energy, reduce greenhouse gas emissions, regulate
 the temperature or prevent condensation for ducts and mechanical systems including, but
 not limited to, boilers; tanks and vessels; heating, ventilation and air conditioning systems;
 grease ducts; firestops; and plumbing systems.
     17. Mechanical insulator apprentice. "Mechanical insulator apprentice" means a
 person who, in accordance with this chapter:
     A. Is at least 18 years of age; and
     B. Under the direct supervision of a journeyman mechanical insulator under a
     registered state-sanctioned apprentice program, is learning or working in the business
     of insulating.
     18. Pipefitter apprentice. "Pipefitter apprentice" means a person who, in accordance
 with this chapter:
     A. Is at least 18 years of age; and
     B. Under the direct supervision of a journeyman pipefitter under a registered state-
     sanctioned apprentice program, is learning or working in the business of pipefitting.
    19. Pipefitting. "Pipefitting" means the supervision, fabrication, installation and
 maintenance of pipefitting installations of every description and character.
    20. Refrigeration and air conditioning apprentice. "Refrigeration and air
 conditioning apprentice" means a person who, in accordance with this chapter:
     A. Is at least 18 years of age; and
     B. Under the direct supervision of a master refrigeration contractor or a journeyman
     refrigeration technician under a registered state-sanctioned apprentice program, is
     learning or working in the business of refrigeration and air conditioning system
     installation and repair.
    21.     Refrigeration and air conditioning system installation and repair.
 "Refrigeration and air conditioning system installation and repair" means the installation,
 maintenance and repair of heating, ventilation, air conditioning and refrigeration systems.
    22. Sheet metal work. "Sheet metal work" means the fabrication, installation and
 maintenance of all types of sheet metal applications, including, but not limited to:
     A. Heating, air conditioning and ventilation systems;
                                         Page 3 - 130LR1545(01)
     B. Gutters, roofing and siding;
     C. Food service equipment; and
     D. Architectural and ornamental work.
    23. Sheet metal worker apprentice. "Sheet metal worker apprentice" means a person
 who, in accordance with this chapter:
     A. Is at least 18 years of age; and
     B. Is learning or working in the business of sheet metal work under the direct
     supervision of a master sheet metal contractor or journeyman sheet metal worker under
     a registered state-sanctioned apprentice program.
     24. Sprinklerfitter apprentice. "Sprinklerfitter apprentice" means a person who, in
 accordance with this chapter, is:
     A. At least 18 years of age; and
     B. Under the direct supervision of a master fire protection sprinkler contractor or
     journeyman sprinklerfitter and enrolled in a fire sprinkler apprentice program that is at
     least 4 years in duration and consists of at least 2,000 work hours per year in the field
     of fire protection sprinkler fitting installation and repair and maintenance of fire
     protection sprinkler systems with 144 hours per year of class time.
 §15322. Applicability
      1. License required. Except as provided in section 15323, a license under this chapter
 is required for any person, corporation, partnership or other entity that is engaged in:
     A. The performance of sheet metal work;
     B. The performance of refrigeration and air conditioning system installation and
     repair;
     C. The performance of pipefitting; and
     D. The performance of fire protection sprinkler system installation, repair and
     maintenance.
 §15323. Exceptions
     1. Maintenance personnel. This chapter does not apply to:
     A. Persons classified as maintenance personnel regularly in the employ of a hospital
     or school or in the employ of a public utility company doing utility company work; or
     B. An employee of a city, a town or the State who is regularly employed as a
     maintenance person on the premises of the employer.
     2. Owner of single-family dwelling. The owner of a single-family dwelling who
 intends to occupy the premises, after approval by local municipal officials and upon receipt
 of a permit, may perform pipefitting, refrigeration and air conditioning system installation
 and repair, sheet metal work or fire protection sprinkler system installation and repair in
 the State without being licensed pursuant to this chapter. Work performed pursuant to this
 subsection must conform to the best installation practices of the trade.
 §15324. Penalties; injunction
                                        Page 4 - 130LR1545(01)
      1. Penalties. A person who engages in or works in sheet metal work, refrigeration and
 air conditioning system installation and repair, pipefitting or fire protection sprinkler
 system installation and repair without first obtaining a license as required by this chapter,
 or after the license issued under this chapter has expired or has been suspended or revoked
 or temporarily suspended or revoked, is guilty of a Class E crime.
      2. Injunction. The State may bring an action in Superior Court to enjoin any person
 from violating this chapter, regardless of whether proceedings have been or may be
 instituted in the District Court or whether criminal proceedings have been or may be
 instituted.
                                     SUBCHAPTER 2
                           MECHANICAL TRADES BOARD
 §15331. Membership
    The Mechanical Trades Board, established in Title 5, section 12004-A, subsection 50,
 consists of the following 11 members, notwithstanding Title 5, section 12015:
      1. Master refrigeration contractor. One member who has been a master
 refrigeration contractor for at least 5 years, appointed by the Governor;
     2. Journeyman pipefitters. Two members who have been employed as journeyman
 pipefitters for at least 5 years, appointed by the Governor;
     3. Journeyman refrigeration technician. One member who has been employed as a
 journeyman refrigeration technician for at least 5 years, appointed by the Governor;
      4. Master fire protection sprinkler contractor. One member who has been a master
 fire protection sprinkler contractor for at least 5 years, appointed by the Governor;
     5. Journeyman sprinklerfitter. One member who has been employed as a
 journeyman sprinklerfitter for at least 5 years, appointed by the Governor;
     6. State Fire Marshal. The State Fire Marshal or the fire marshal's designee;
     7. Master mechanical contractors. Two members who have been master mechanical
 contractors for at least 5 years, appointed from a list submitted by a statewide association
 of pipefitting contractors, appointed by the Governor;
     8. Master sheet metal contractor. One member who has been a master sheet metal
 contractor for at least 5 years, appointed by the Governor; and
     9. Journeyman sheet metal worker. One member who has been employed as a
 journeyman sheet metal worker for at least 5 years, appointed by the Governor.
 §15332. Terms; vacancies; chair; quorum
     1. Terms. A member of the board is appointed for a term of 3 years.
     2. Vacancies. The Governor shall fill a vacancy in the board by appointment of a
 person of the same category as the member of the board being replaced to hold office for
 the unexpired term.
     3. Chair. The board shall elect a chair every 3 years from its membership.
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     4. Quorum. Six members of the board constitute a quorum for the transaction of
 business.
 §15333. Powers and duties
     1. Administration. The board shall administer, coordinate and enforce this chapter.
     2. Rules. The board, in accordance with Title 5, chapter 375, subchapter 2-A, may
 adopt rules necessary to implement this chapter. These rules may include, but are not
 limited to, rules concerning licensing requirements, examinations and reciprocity of
 licensing with similar boards of other states that maintain standards equivalent to this
 State's. Rules adopted pursuant to this subsection are routine technical rules pursuant to
 Title 5, chapter 375, subchapter 2-A.
     3. Hearings. The board may conduct hearings to assist with investigations to
 determine whether grounds exist for suspension, revocation or denial of a license or as
 otherwise necessary to fulfill its responsibilities under this chapter.
      4. Refusal to renew license; grounds. 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 renewal without a hearing for any
 reason other than failure to pay a required fee if the request for hearing is received by the
 board within 30 days of the applicant's receipt of written notice of the denial of the
 application, the reasons for the denial and the right to request a hearing. Hearings must be
 conducted in conformity with Title 5, chapter 375, subchapter 4 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 responsibilities under
 this chapter.
 §15334. Investigation of complaints; revocation of license
    1. Investigation. The board shall investigate or cause to be investigated all complaints
 made to it and all cases of noncompliance with or violation of this chapter.
      2. Suspension; revocation. The board may suspend or revoke a license in accordance
 with Title 5, chapter 375, subchapter 5. 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
 for:
     A. The practice of any fraud or deceit in obtaining a license;
     B. Any gross negligence, incompetence or misconduct in the performance of the work
     for which the license is held;
     C. Any violation of this chapter or any rule adopted by the board; or
     D. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves
     dishonesty or false statement or that relates directly to the practice of the work for
     which the license is held or conviction of any crime for which incarceration for one
     year or more may be imposed.
    3. Reissuance of revoked license. The board, for reasons it determines sufficient,
 may reissue a license to any person whose license has been revoked.
                                         Page 6 - 130LR1545(01)
                                      SUBCHAPTER 3
                                        INSPECTION
 §15341. Inspection; right of entry
      1. Right of entry. The board, upon proper identification, may enter at any reasonable
 hour any building, structure or premises where work that is governed by this chapter is
 being performed to ascertain compliance with this chapter and any rules adopted pursuant
 to this chapter.
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