An Act To Assist Seasonal Entertainment Facilities with Public Safety Requirements
Maine Legislature, Session 125, LD 0123
Committee: Criminal Justice and Public Safety
Sponsors: DAVIS, THOMAS, BLACK, CRAFTS, CRAY, FREDETTE, GIFFORD, COURTNEY, GERZOFSKY, TRAHAN
Amends: 25 MRSA §2452

Legislative Document 
No. 123 
H.P. 105 
House of Representatives, January 20, 2011 
An Act To Assist Seasonal Entertainment Facilities with Public 
Safety Requirements 
(EMERGENCY) 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DAVIS of Sangerville. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: BLACK of Wilton, CRAFTS of Lisbon, CRAY of Palmyra, FREDETTE of 
Newport, GIFFORD of Lincoln, Senators: COURTNEY of York, GERZOFSKY of 
Cumberland, TRAHAN of Lincoln. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, seasonal entertainment businesses in Maine are open for limited days 
during the year and sprinkler systems add to the cost of operation; and 
Whereas, many seasonal entertainment businesses are open during the summer 
months; and 
Whereas, in order to reduce costs incurred by these businesses, it is imperative that 
this legislation take effect as soon as possible; and  
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA §2452, first ¶, as amended by PL 2007, c. 632, §1, is further 
amended to read: 
The Commissioner of Public Safety shall adopt and may amend 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.  Automatic sprinkler systems may not be 
required in existing commercial places of assembly that are open for no more than 50 
days per calendar year.  "Commercial places of assembly" includes bars with live 
entertainment, dance halls, nightclubs, assembly halls with large open areas in which 
patrons stand or sit, commonly referred to as "festival seating," and restaurants. Rules 
adopted pursuant to this section are routine technical rules, except that rules pertaining to 
fire sprinklers are major substantive rules, both of which are defined in Title 5, chapter 
375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits the requirement of sprinkler systems in commercial places of 
assembly that open for no more than 50 days per calendar year.  Commercial places of 
assembly include bars with live entertainment, dance halls, nightclubs, assembly halls 
with festival seating and restaurants.