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 LR2617(02)
Maine Legislature, Session 121, LD 1731
Committee Amendment CA_A_H681 (House)
Amends: 25 MRSA §2452

COMMITTEE AMENDMENT ,,{f., to H.P. 1253, L.D. 1731, Bill, "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" 
Amend the bill by inserting after the enacting clause and 
before section 1 the following: 
'Sec. 1. 17·A MRSA §1001, sub·§2, ,A, as enacted by PL 1975, 
c. 499, §l, 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 r 
and 
other detonating agents, smokeless powdersr 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 
9FL 
by 
detonation 
or 
deflagration 
of 
the 
compound 
or 
material or any part thereof may cause an explosion; and' 
Further amend the bill by striking out all of section 2 and 
inserting in its place the following: 
'Sec. 2. 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 a:ee1--pub-l-k--hea'Ei:eEj in accordance with the Maine 
Administrative 
Procedure 
Act, 
reasonable 
rules 
governing 
the 
Page l-LR26l7(2) 
COMMITTEE AMENDMENT 
~~~ 
,". '\:!"~ 
"'.~i.:~~'{ 
COMMITTEE AMENDMENT .. If:, to H.P. 1253, L.D. 1731 
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. 
act of the commissioner 
person's rights declared 
judgment under Title 14, 
defendant. 
Any person aggrieved by a rule or by an 
in enforcing the rule may have that 
by bringing an action for declaratory 
chapter 707, naming the commissioner as 
3. 
Violation. A person who violates a rule issued by the 
commissioner under this section mQS~-Be-~~~~-~~-&~-Be~ 
me~e-~£a~-~~~~-BY-~ffiP£~~~me£~-~~--~~-me~e-~£a~-~~Y&r-er 
BY-Be~R commits a Class E crime. 
Existing buildings licensed pursuant to Title 22, Subtitle 
r 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 noncombustible, 
protected wood frame or heavy timbe'r 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, 
sQB~i~~e Subtitle 6r 
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 
r 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1253, L.D. 1731 
Safety pursuant to Title 22, section 8103.' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
or renumbering any 
number 
to 
read 
SUMMARY 
This 
amendment updates the definition of "explosives" in 
Title 17-A, 
section 1001; 
amends 
the headnote of Title 
25, 
section 2452 
to better reflect the purpose of the law; 
and 
changes 
the 
phrase 
"outdoor 
gatherings" 
to 
"mass 
outdoor 
gatherings," as defined in the Maine Revised Statutes, Title 22, 
section 1601. 
FISCAL '\( )'1']-' !.:! (JL IRED 
lSee <lttacned) 
COMMITTEE AMENDMENT 
Approved: 01/23/04 ~ae. 
Office of Fiscal and Program Review 
LD 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 
LR2617(02) 
Fiscal Note for Bill as Amended by Committee Amendment "" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2617(2) - Fiscal Note - Page 1 of 1