CHAPTER 535
H.P. 1253 - L.D. 1731
An Act To Expand the State Fire Marshal's Responsibilities and To Clarify That the Commissioner of Public Safety Will Follow the Maine Administrative Procedure Act when Adopting Certain Rules
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1001, sub-§2, ¶A, as enacted by PL 1975, c. 499, §1, is amended to read:
A. "Explosives" means gunpowders, powders used for blasting all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixtures or other ingredients in such proportions, quantities or packing that ignition by fire, by friction, by chemical reaction, by concussion, by percussion or, by detonation or deflagration of the compound or material or any part thereof may cause an explosion; and
Sec. 2. 25 MRSA §2396, sub-§3, as repealed and replaced by PL 1973, c. 632, §6, is amended to read: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. 3. 25 MRSA §2452, as amended by PL 2003, c. 411, §§2 and 3, is further amended to read:
§2452. Life safety and property protection
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 mass outdoor gatherings, as defined in Title 22, section 1601, subsection 2, 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.
1. Effective date. The rules, and amendments to the rules, become effective when reviewed for form and legality by the Office of the Attorney General and a certified copy of them has been approved in writing by the Commissioner of Public Safety and filed with the Secretary of State.
2. Rights declared. Any person aggrieved by a rule or by an act of the commissioner in enforcing the rule may have that person's rights declared by bringing an action for declaratory judgment under Title 14, chapter 707, naming the commissioner as defendant.
3. Violation. A person who violates a rule issued by the commissioner under this section must be punished by a fine of not more than $100 or by imprisonment for not more than 90 days, or by both commits a Class E crime.
Existing buildings licensed pursuant to Title 22, Subtitle 6, having more than 6 boarders, with the exception of board and care facilities and children's homes, must comply with any rules for residential-custodial care facilities required by the Commissioner of Public Safety, except that such existing facilities of not more than 2 stories in height are not required to be fire resistive, protected or unprotected noncombusti-ble, protected wood frame or heavy timber construction. Such existing facilities must be protected by a complete approved automatic sprinkler system and meet all other requirements of residential-custodial care facilities as required by the Commissioner of Public Safety.
Existing boarding care facilities licensed pursuant to Title 22, subtitle Subtitle 6, must comply with the applicable fire safety requirements of the Life Safety Code adopted by the Commissioner of Public Safety pursuant to Title 22, section 7856.
Existing children's homes licensed pursuant to Title 22, Subtitle 6, must comply with the applicable fire safety requirements of the Life Safety Code of the National Fire Protection Association adopted by the Commissioner of Public Safety pursuant to Title 22, section 8103.
Effective July 30, 2004, unless otherwise indicated.
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