An Act To Clearly Define the State Fire Marshal's Powers
Maine Legislature, Session 121, LD 0529
Committee: Criminal Justice and Public Safety
Sponsors: CRESSEY
Amends: 25 MRSA §2453

Legislative Document 
No. 529 
H.P.414 
House of Representatives, February 6, 2003 
An Act To Clearly Define the State Fire Marshal's Powers 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CRESSEY of Baldwin. 
Printed on recycled paper 
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Mll..LICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 25 MRS A §2404 is enacted to read: 
§2404. 
Rulemaking 
1. 
Rulemaking. 
The State Fire Marshal shall adopt rules to 
define the standards and conditions for all actions relating to 
the review of permits for construction or alteration of public 
buildings. 
Notwithstanding any provision of Title 5, 
chapter 
375, 
the effective date of 
a 
rule adopted pursuant to this 
section is 90 days after the public comment period has been 
closed. 
A permit for construction or alteration of a public 
building that is filed prior to the effective date of a rule is 
not subject to the rule. 
The State Fire Marshal may not adopt a 
rule that conflicts with the national codes listed in subsection 
2. 
The State Fire Marshal may not reject or require a change of 
any item of an application for construction or alteration of a 
public building unless the rejection or change is necessary to 
conform with a rule adopted pursuant to this section. 
2. 
Rational codes. 
The State Fire Marshal shall adopt 
pursuant to subsection 
the national building code of 
the 
Building Officials Code Administrators International, Inc. or a 
successor organization; the international plumbing code of the 
International Code Councilor a successor organization; and the 
National Fire Code of the National Fire Protection Association or 
successor organization. 
3. 
Rules. 
Rules adopted pursuant to this section are major 
substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 2. 25 MRSA §2453, 2nd 1[, as enacted by PL 1999, c. 384, 
§19, is repealed. 
Sec. 3. 25 MRSA §2453, as amended by PL 2 a a L 
c. 3 L 
§ Lis 
further amended by adding at the end a new paragraph to read: 
This 
section does 
not 
apply 
to 
a 
townhouse, 
apartment 
building or condominium that is subject to a permit for 
new 
construction. 
SUMMARY 
This bill requires the State Fire Marshal to adopt major 
substantive 
rules 
pertaining 
to 
all 
aspects 
of 
review 
of 
construction permits and requires the State Fire Marshal to adopt 
as rule the national building code of the Building Officials Code 
Administrators International, 
Inc., 
the international plumbing 
Page l-LR1471(1) 
code of the International Code Council and the National Fire Code 
of the National Fire Protection Association. 
This bill requires 
the effective date of a rule adopted by the State Fire Marshal to 
be 90 days after public comment is closed and exempts from the 
rule any building permit filed before the effective date of the 
rule. 
This bill also exempts townhouses, apartment buildings and 
condominiums that are subject to a permit for new construction 
from the requirement of having 2 means of egress other than a 
window for each story above the first story.