CHAPTER 398
S.P. 418 - L.D. 1287
An Act To Amend the Life Safety Requirements for Residential Care Facilities
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, under current law and Life Safety Code provisions, the continued operation of smaller residential care facilities whose residents have prompt evacuation capability is in jeopardy; and
Whereas, amendment of the Life Safety Code requirements for smaller residential care facilities whose residents have prompt evacuation capability is necessary to enable those facilities to continue to serve their communities; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §7855, sub-§4, as enacted by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25, is amended to read:
4. Requirements for residential care facilities. Residential care facilities must comply with the following provisions chapters of the National Fire Protection Association Life Safety Code relating to new and existing residential board and care occupancies adopted by the Department Commissioner of Public Safety, Office of the State Fire Marshal. Residential care facilities must comply as follows.
A. A residential care facility that has one to 3 beds must comply with the one-family and 2-family dwelling chapter of the Life Safety Code.
A-1. A residential care facility with 4 to 6 beds whose residents have prompt evacuation capability, as defined in the Life Safety Code, must comply with the one-family and 2-family dwellings chapter of the Life Safety Code if that residential care facility was licensed under that chapter prior to October 1, 2002.
B. A Except as provided in paragraph A-1, a residential care facility with 4 to 16 beds must comply with the sections of the Life Safety Code that apply to small facilities and with the chapter relating to new residential board and care occupancy chapter if that facility is a new facility that was constructed on or after July 25, 2002 or with the existing residential board and care occupancy chapter if that facility is an existing facility was licensed before July 25, 2002.
C. A residential care facility with more than 16 beds must comply with the sections of the Life Safety Code that apply to large facilities and with the chapter relating to new residential board and care occupancy chapter if that facility is a new facility constructed on or after July 25, 2002 or with the chapter relating to existing residential board and care occupancy chapter if that facility is an existing facility was licensed before July 25, 2002.
D. Notwithstanding any other provision of law or rule a residential care facility with 4 or fewer beds is not required to obtain certification from a design specialist to satisfy the requirements of this section or Title 5, section 4594-F.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 3, 2003.
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