March 25, 2010

State House: Tight fit for contractor licensing

By Susan M. Cover scover@mainetoday.com
State House Bureau

AUGUSTA -- The House voted 76-70 Wednesday to approve a contractor licensing bill, with supporters saying they want to protect homeowners from unscrupulous builders.

The measure, which faces another House vote before it goes to the Senate, would require residential builders to be licensed by the state starting Jan. 1, 2013. Builders would have to pass an exam and pay up to a $350 annual fee.

It also would require some specialty contractors, such as roofers and carpenters, to register with the state and pay an annual fee.

Rep. Nancy Smith, D-Monmouth, said she's worked on the issue for eight years. Now that statewide building standards are set to take effect, she said it's the right time for licensing.

"I think having standards is a good thing," Smith said. "Let's have standards, shall we?"

Opponents said there are other ways to help consumers without burdening contractors.

Rep. Les Fossel, R-Alna, a restoration contractor, said most problems come from roofers and that better warranties for work would provide more protection for homeowners.

"Perhaps the next law we have to pass is to license legislators to see if they are competent," he said.

The bill that passed the House, which is an amended version of L.D. 272, lists several exemptions. General contractors who perform jobs that cost less than $3,000 would not have to be licensed, nor would people who work on their own homes or the homes of family members.

The bill would set up a nine-member board to issue licenses and consider renewals. And it would require those who install vinyl and aluminum siding, insulation, flooring and drywall to register with the state and pay an annual fee. The same registration requirement covers roofers, carpenters, masons and those who install foundations and windows. Specialists could do up to $1,000 in work without needing to register.

Some representatives told stories of constituents or family members who had trouble with contractors.

Rep. David Webster, D-Freeport, said his sister hired a roofer who did only half the job, then disappeared. This winter, the shingles gave way, causing water to come into the house so she now has a mold problem, he said.

"We need some standards in this state," he said.

On the other side, Rep. Jonathan McKane, R-Newcastle, an electrical contractor, said the bill would hurt small contractors who fill a niche.

"I understand the desire to want to crack down on the perceived epidemic of unscrupulous builders," he said. "I don't believe there is an epidemic."

The narrow House vote and opposition in the Senate means the bill's chances for final passage are in doubt.

All three senators -- two Democrats and one Republican -- on the Business, Research and Economic Development Committee, which considered the bill, oppose the measure.

Rep. Thomas Wright, D-Berwick, a carpenter, spoke on the House floor in favor of the bill, saying the state Office of Attorney General estimated that there is $25 million to $40 million of "shoddy construction" in Maine every year.

He said Maine is one of only 16 states that do not regulate builders.

"There is no real recourse for homeowners now," he said. "Holding the license over them is the only recourse we have."

Susan Cover -- 620-7015

scover@centralmaine.com

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