An Act To Create Consistency in the Regulation of Small Group Homes
Maine Legislature, Session 122, LD 1228
Committee: Health and Human Services
Sponsors: LERMAN
Amends: 22 MRSA §7855, 22 MRSA §8

Legislative Document 
No. 1228 
H.P.846 
House of Representatives, March 10,2005 
An Act To Create Consistency in the Regulation of Small Group 
Homes 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative LERMAN of Augusta. 
Prultt'li Oil recydt:'d pa~r 
77/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §7855, sub-§4, ,A, as enacted by PL 2001, c. 
596, Pt. A, §l and affected by Pt. B, §25, is amended to read: 
A. 
A residential care facility that has one to 
~ 1. beds 
must 
comply 
with 
the 
one-family 
and 
2-family 
dwelling 
chapter of the Life Safety Code. 
Sec. 2. 22 MRSA §7855. sub-§4. ,A-I, as enacted by PL 2003, c. 
398, §l, is amended to read: 
A-I. 
A residential care facility with -4-
~ 1=9 or 6 beds 
whose 
residents 
have 
prompt 
evacuation 
capability, 
as 
defined in the Life Safety Code, 
must 
comply with the 
one-family and 2-family 
e.we~~~R~s dwelling chapter of the 
Life Safety Code if that residential care facility was 
licensed under that chapter prior to October 1, 2002. 
Sec. 3. 22 MRSA §7855, sub-§4, ,B, as corrected by RR 2003, c. 
2, §80, is amended to read: 
B. 
Except as provided in paragraph A-l, 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 
if 
that 
facility 
is 
a 
facility 
that 
was 
constructed on or after July 25, 2002 or with the existing 
residential 
board 
and 
care 
occupancy 
chapter 
if 
that 
facility was licensed before July 25, 2002. 
Sec. 4. 22 MRSA §8I03. sub-§§5 and 6, as enacted by PL 2003, c. 
411, §1, are amended to read: 
5. 
Requirements for children · s 
home with more than 4 but 
fewer than 17 beds. 
A children's home that has a capacity of 
more than 
~ 1. but fewer than 17 beds must comply with the Life 
Safety 
Code 
of 
the 
National 
Fire 
Protection 
Association, 
Residential 
Board 
and 
Care 
Occupancies 
sections 
for 
small 
facilities as adopted by the Commissioner of Public Safety. 
In 
addition, 
automatic emergency lights must be provided in the 
number and location required by the Commissioner of Public Safety. 
6. 
Requirements for chi1dren' s home with 6 or fewer beds. 
Notwithstanding 
subsection 
5, 
the 
department 
may 
consider 
a 
children's home that has 6 or fewer residents, all of whom 
can 
evacuate the home without the assistance of another person in 3 
minutes or less, to be in compliance with the one-family and 
2-family dwelling requirements of the Life Safety Code of the 
Page l-LR1789(1) 
National 
Fire 
Protection 
Association 
as 
adopted 
by 
the 
Commissioner of Public Safety. 
Facilities having 
~ i 
or fewer 
residents 
must 
meet 
the 
requirements 
of 
the 
one-family 
and 
2-family dwelling chapter of the Life Safety Code of the National 
Fire Protection Association as adopted by the Commissioner of 
Public Safety. 
SUMMARY 
to 
This bill amends 
the number 
of beds 
a 
residential care 
facility and a children's home must have for fire safety purposes 
to make the inspection standards consistent between residential 
care facilities and children's homes.