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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. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 6. Penalty. The following penalties apply. |
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| 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. |
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| 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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