01-001-385 Me. Code R. § 5

Current through 2024-21, May 22, 2024

Section 001-385-5 - AUTHORIZATION FOR A TEMPORARY SUBSTITUTE TO SCALE WHEN LICENSED WOOD SCALER UNAVAILABLE

A.Authorized temporary substitute. If due to circumstances beyond his control, a person is temporarily unable to obtain the services of a licensed wood scaler, or a licensed wood scaler is temporarily unable to perform his work, the State Sealer may authorize a licensed apprentice wood scaler or an unlicensed individual to measure wood in those particular circumstances, provided that:

1. The State Sealer must determine in advance that the substitute individual so authorized is competent to measure wood; and

2. The State Sealer shall set a definite time period, not to exceed two weeks, during which the authorized substitute may measure wood and shall specify the authorized system or systems of measurement which the substitute may use and the circumstances in which the substitute is authorized to measure wood.

B.Emergency substitute. If due to circumstances beyond his control, a licensed scaler is temporarily unable to perform his work, and neither he nor the person in need of the services of the scaler is able to reach the State Sealer to obtain authorization for a temporary substitute, the scaler may permit an unauthorized person to measure wood in his place, provided:

1. The licensed scaler and the person who measures the wood are both responsible for all measurements made and for compliance with the Wood Measurement Law and these Wood Measurement Rules;

2. Within two days, the licensed wood scaler, or the person in need of the services of the scaler, shall obtain temporary authorization from the State Sealer as provided in subsection A;

3. The substitute individual must sign his name on all measurement tally sheets reflecting measurements made by him; and

4. The substitute individual must record the date he was authorized and the name and license number of the licensed wood scaler who authorized him on all measurement tally sheets reflecting measurements made by him.

C.Licensed apprentice wood scaler

1. A licensed apprentice wood scaler with a six-month license who has measured wood under the direct supervision of a licensed wood scaler for at least two months may measure wood without supervision for a period not to exceed two weeks if his supervisor dies or is incapacitated by illness or injury and another licensed wood scaler is unavailable.

2. A licensed apprentice wood scaler with a two-year license who has measured wood under the direct supervision of a licensed wood scaler for at least six months may measure wood without supervision for a period not to exceed two weeks if his supervisor dies or is incapacitated by illness or injury and another licensed wood scaler is unavailable.

D.Avoidance of licensing requirements. Any temporary authorization to measure wood under subsections A through C is a violation of these Wood Measurement Rules if the purpose of obtaining or giving the temporary authorization is to avoid getting a license or to avoid using a licensed scaler.

01-001 C.M.R. ch. 385, § 5