CHAPTER 296
H.P. 1111 - L.D. 1554
An Act to Eliminate Inconsistencies and Unnecessary Duplication Regarding the Training and Certification of Individuals Who Enforce Land Use Regulations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §807, sub-§3, ¶D, as repealed and replaced by PL 1989, c. 755, is amended to read:
D. A person who is not an attorney, but is representing a municipality under:
(1) Title 30-A, section 2671, subsection 3;
(2) Title 30-A, section 4221, subsection 2;
(3) Title 30-A, section 4452, subsection 1; or
(4) Title 38, section 441, subsection 2;
Sec. 2. 12 MRSA §685-C, sub-§9, as enacted by PL 1991, c. 688, §1, is amended to read:
9. Representation in court. The commission may authorize certified employees of the commission to serve civil process and represent the commission in District Court in the prosecution of violations of those laws enforced by the commission and set forth in Title 4, section 152, subsection 6-A. Certification of these employees must be as provided under Title 30-A, section 4221, subsection 2, paragraph A 4453.
Sec. 3. 30-A MRSA §4221, sub-§1, as amended by PL 1989, c. 104, Pt. A, §44 and Pt. C, §§8 and 10, is further amended to read:
1. Appointment; compensation; removal. In every municipality, the municipal officers shall appoint one or more inspectors of plumbing, who need not be residents of the municipality for which they are appointed. Plumbing inspectors shall be are appointed for a term of one year or more and shall must be sworn and the appointment recorded as provided in section 2526, subsection 9. An individual properly appointed as plumbing inspector and satisfactorily performing the duties may continue in that capacity after the term has expired until replaced. The municipal officers shall notify the department and the State Planning Office of the appointment of a plumbing inspector in writing within 30 days of the appointment.
Compensation of plumbing inspectors shall be is determined by the municipal officers and shall be paid by the respective municipalities.
The municipal officers may remove a plumbing inspector for cause, after notice and hearing.
Sec. 4. 30-A MRSA §4221, sub-§2, as amended by PL 1991, c. 688, §2, is repealed and the following enacted in its place:
2. Certification requirements. A person may not hold the office of plumbing inspector unless currently certified as qualified by the State Planning Office pursuant to section 4451. Certification is effective for a period of 5 years unless sooner revoked or suspended by the Administrative Court as provided for in section 4451.
Sec. 5. 30-A MRSA §4451, sub-§1, ¶¶A and B, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, are amended to read:
A. An individual other than an individual appointed as a plumbing inspector has 12 months after beginning employment to be trained and certified as provided in this section; and
B. Whether or not any extension is available under paragraph A, the office may waive this requirement for up to one year if the certification requirements cannot be met without imposing a hardship on the municipality employing the individual.; and
Sec. 6. 30-A MRSA §4451, sub-§1, ¶C is enacted to read:
C. An individual may be temporarily authorized in writing by the Department of Human Services, Division of Health Engineering to be employed as a plumbing inspector for a period not to exceed 12 months.
Sec. 7. 30-A MRSA §4451, sub-§3, as amended by PL 1991, c. 163, is further amended to read:
3. Training and certification of code enforcement officers. In cooperation with the Maine Technical College System, the Department of Environmental Protection and the Department of Human Services, the office shall establish a continuing education program for individuals engaged in code enforcement. This program must provide basic and advanced training in the technical and legal aspects of code enforcement necessary for certification.
Sec. 8. 30-A MRSA §4452, sub-§7, as amended by PL 1995, c. 704, Pt. B, §1 and affected by Pt. C, §2, is further amended to read:
7. Natural resources protection laws. A code enforcement officer, authorized by a municipality to represent that municipality in District Court and certified by the State Planning Office under section 4221 4453 as familiar with court procedures, may enforce the provisions of the natural resources protection laws, Title 38, chapter 3, subchapter I, article 5-A and Title 38, section 420-C, by instituting injunctive proceedings or by seeking civil penalties in accordance with Title 38, section 349, subsection 2.
Sec. 9. 30-A MRSA §4453 is enacted to read:
§4453. Certification for representation in court
The office shall establish certification standards and a program to certify familiarity with court procedures for the following individuals:
1. Code enforcement officers. Code enforcement officers as set forth in sections 4451 and 4452 and Title 38, section 441;
2. Plumbing inspectors. Plumbing inspectors as set forth in sections 4221 and 4451;
3. Department of Environmental Protection. Department of Environmental Protection employees as set forth in Title 38, section 342, subsection 7; and
4. Maine Land Use Regulation Commission. Maine Land Use Regulation Commission employees as set forth in Title 12, section 685-C, subsection 9.
Sec. 10. 38 MRSA §342, sub-§7, as corrected by RR 1993, c. 2, §37, is amended to read:
7. Representation in court. The commissioner may authorize certified employees of the department to serve civil process and represent the department in District Court in the prosecution of violations of those laws enforced by the department and set forth in Title 4, section 152, subsection 6. Certification of these employees shall must be provided as under Title 30-A, section 4221, subsection 2 4453.
Sec. 11. 38 MRSA §441, sub-§2, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
2. Certification; authorization by municipal officers. No person may serve as a code enforcement officer who is authorized by the municipal officers to represent the municipality in District Court unless he that person is currently certified under Title 30-A, section 4221, subsection 2 4453, as being familiar with court procedures.
Upon written authorization by the municipal officers, a certified code enforcement officer may serve civil process on persons whom he that officer determines to be in violation of ordinances adopted pursuant to this chapter and, if authorized by the municipal officers, may represent the municipality in District Court in the prosecution of violations of ordinances adopted pursuant to this chapter.
Effective September 19, 1997, unless otherwise indicated.
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