LD 1825
pg. 3
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LR 2914
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chiefs or their designees, and municipal building inspectors and
code enforcement officers may enforce the requirements of "The
Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning
Appliances" this section, the rules adopted pursuant to this
section and Title 32, section 2313-A.

 
4. Prior installation. Any chimney, fireplace, vent or solid
fuel burning appliance constructed or installed prior to the
effective date of this section July 13, 1982 may be continued in
use subject to the provisions of section 2432.

 
5. Home rule. Subject to Title 32, chapter 33, any
municipality may adopt as ordinance requirements for the
materials, installation or, construction, maintenance or
inspection of chimneys, fireplaces, vents or solid fuel burning
appliances that exceed the requirements of "The Standards for
Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances."
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 the same as those prescribed in
the National Fire Protection Association Code #211, The Standards
for Chimneys, Fireplaces, Vents and Solid Fuel Burning
Appliances, as approved by the Commissioner of Public Safety in
accordance with the rules adopted pursuant to this section.

 
6. Penalty. The following penalties apply.

 
A. A person who, for compensation, constructs or installs
vents or solid fuel burning appliances in violation of the
standards and then permits such violation to remain
uncorrected after 30 days' notice from an official empowered
to enforce this section commits a civil violation for which
a fine of not more than $500 for each violation may be
adjudged. The court may waive any penalty or cost against a
violator upon satisfactory proof that the violation was
corrected within 30 days of the issuance of a complaint.
Construction and installation of chimneys and fireplaces are
governed by Title 32, chapter 33.

 
B. A person who fails to provide a purchaser with an instruction
manual or the authorized publication of the Department of
Economic and Community Development, as described in subsection 5-
A, commits a civil violation for


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