Sec. 1. 25 MRSA §2396, sub-§3, as repealed and replaced by PL 1973, c. 632, §6, is amended to read:

3. Explosives. The storage, sale and use of combustibles, flammables, incendiary devices and explosives;

Sec. 2. 25 MRSA §2452, first ¶, as amended by PL 1997, c. 728, §25, is further amended to read:

The Commissioner of Public Safety shall adopt and may amend, after notice and public hearing in accordance with the Maine Administrative Procedure Act, reasonable rules governing the safety to life from fire in or around all buildings or other structures and outdoor gatherings within the commissioner's jurisdiction. These rules do not apply to nursing homes having 3 or fewer patients. Automatic sprinkler systems may not be required in existing noncommercial places of assembly. Noncommercial places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement or awaiting transportation that have a capacity of 100 to 300 persons.

SUMMARY

This bill expands the responsibility of the State Fire Marshal to include protection of the public in the area of incendiary devices and makes it clear that the Commissioner of Public Safety must follow the Maine Administrative Procedure Act when making rules involving life safety and property protection.