CHAPTER 571

H.P. 1265 - L.D. 1825

An Act To Amend the Rule-making Authority of the

Commissioner of Public Safety Regarding the Construction,

Installation, Maintenance and Inspection of Chimneys,

Fireplaces, Vents and Solid Fuel Burning Appliances

Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the Legislature seeks to amend the rule-making authority of the Department of Public Safety with respect to the construction, installation, maintenance and inspection of chimneys, fireplaces, vents and solid fuel burning appliances and to authorize the Department of Public Safety to adopt new rules as quickly as the process will allow; and

Whereas, the Legislature seeks to immediately repeal current rule-making authority pertaining to inspection of chimneys, fireplaces, vents and solid fuel burning appliances upon the sale or transfer of real estate and to authorize the Department of Public Safety to adopt new rules as quickly as the process will allow; and

Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency, so rules pertaining to inspection and maintenance of chimneys, fireplaces, vents and solid fuel burning appliances upon the sale or transfer of real estate must come back to the Legislature for that review; and