An Act To Make Minor Changes to Municipal Health Inspection Activities
Maine Legislature, Session 125, LD 1177
Committee: Health and Human Services
Sponsors: SANBORN, BRANNIGAN, EVES, ROCHELO, WELSH
Amends: 22 MRSA §2491, 22 MRSA §2492, 22 MRSA §2499, 22 MRSA §2494, 22 MRSA §2495, 22 MRSA §2498, 22 MRSA §2501

Legislative Document 
No. 1177 
H.P. 875 
House of Representatives, March 17, 2011 
An Act To Make Minor Changes to Municipal Health Inspection 
Activities 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SANBORN of Gorham. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
Representatives: EVES of North Berwick, ROCHELO of Biddeford, WELSH of Rockport. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  22 MRSA §2491, sub-§1, as amended by PL 1979, c. 30, §1, is further 
amended to read: 
1.  Campground.  "Camping area Campground" means, in addition to the general 
generally accepted interpretations definitions, camping areas, recreational vehicle parks, 
seashore resorts, lakeshore places, picnic and lunch grounds or other premises where tents 
or, recreational vehicles, rental cabins and cottages are permitted to be parked on 5 or 
more sites for compensation either directly or indirectly.  "Campground" includes, but is 
not limited to, sites intended for recreational purposes rather than permanent residency.  
"Campground" does not include parking lots used only for emergency stops of less than 
hours or areas where camping is not authorized. 
Sec. A-2.  22 MRSA §2491, sub-§4, as enacted by PL 1975, c. 496, §3, is 
amended to read: 
4.  Cottage.  "Cottage" means a single structure where sleeping accommodations are 
furnished to the public as a business for a day, week or month, but not for more longer 
than the an entire summer season, for temporary occupancy for recreational purposes 
only and not for permanent residency. 
Sec. A-3.  22 MRSA §2491, sub-§6, as enacted by PL 1975, c. 496, §3, is 
repealed. 
Sec. A-4.  22 MRSA §2491, sub-§7, as amended by PL 2009, c. 211, Pt. A, §1, is 
further amended to read: 
7.  Eating establishment.  "Eating establishment" means any place where food or 
drink is prepared and served, or served to the public for consumption on the premises, or 
catering establishments, or establishments dispensing food from vending machines, or 
establishments preparing foods for vending machines dispensing foods other than in 
original sealed packages, such as hotels, motels, boarding homes, restaurants, take-out 
restaurants, mobile eating places, coffee shops, cafeterias, short order cafes, 
luncheonettes, grills, tearooms, sandwich shops, soda fountains, bars, cocktail lounges, 
night clubs, roadside stands, industrial feeding establishments, private or public 
institutions routinely serving foods, retail frozen dairy product establishments, airports, 
parks, theaters, recreational camps, youth camps or any other catering or nonalcoholic 
drinking establishments or operations where food is prepared and served or served for 
consumption on the premises, or catering establishments where food is prepared, or 
where foods are prepared for vending machines dispensing food other than in original 
sealed packages. 
Sec. A-5.  22 MRSA §2491, sub-§7-E is enacted to read: 
7-E.  Health inspector.  "Health inspector" means a person whose education and 
experience in the biological and sanitary sciences qualify that person to engage in the 
promotion and protection of the public health and who applies technical knowledge to 
solve problems of a sanitary nature and develops methods and carries out procedures for 
the control of those factors of the environment that affect the health, safety and 
well-being of others. 
Sec. A-6.  22 MRSA §2491, sub-§7-F is enacted to read: 
7-F.  Lodging place.  "Lodging place" means a building or structure, or any part of a 
building or structure, used, maintained, advertised or held out to the public as a place 
where sleeping accommodations are furnished to the public for business purposes.  
"Lodging place" includes, but is not limited to, hotels, motels, guest homes and cottages 
where the owner maintains the sleeping accommodations.  "Lodging place" does not 
include permanent residences, rooming houses, tenancies at will or rental properties with 
tenant and landlord relationships.  
Sec. A-7.  22 MRSA §2491, sub-§10-A is enacted to read: 
10-A.  Public pool.  "Public pool" means any constructed or prefabricated pool other 
than a residential pool or medical facility pool that is intended to be used for swimming, 
recreational bathing or wading and is operated by an owner, lessee, tenant or 
concessionaire or by a person licensed by the department whether or not a fee is charged 
for use.  "Public pool" includes a pool on the premises of a child care facility that is 
licensed or required to be licensed under section 8301-A. 
Sec. A-8.  22 MRSA §2491, sub-§10-B is enacted to read: 
10-B.  Public spa.  "Public spa" means any constructed spa other than a residential 
spa or medical facility spa. 
Sec. A-9.  22 MRSA §2491, sub-§11, as amended by PL 2009, c. 211, Pt. A, §2, 
is repealed and the following enacted in its place: 
11.  Recreational camp or sporting camp.  "Recreational camp" or "sporting camp" 
means a building or group of buildings devoted primarily to the offering of primitive 
lodging for a fee to persons who want primitive recreation, snowmobiling, hunting, 
fishing and similar camps, not including summer sports programs overseen by employees 
or volunteers of municipalities and educational institutions when the activities generally 
take place at municipal or institutional properties and buildings. 
Sec. A-10.  22 MRSA §2491, sub-§12, as enacted by PL 1975, c. 496, §3, is 
repealed. 
Sec. A-11.  22 MRSA §2491, sub-§13, as enacted by PL 1975, c. 496, §3, is 
repealed. 
Sec. A-12.  22 MRSA §2491, sub-§14, as enacted by PL 1975, c. 496, §3, is 
amended to read: 
14.  Vending machine.  "Vending machine" shall mean means any self-service 
device offered for public use which that, upon insertion of a coin, coins or token money 
or by other similar means, dispenses unit servings of food other than in original sealed 
packages without the necessity of replenishing the device between vending operations. 
Sec. A-13.  22 MRSA §2491, sub-§16, as enacted by PL 2009, c. 211, Pt. A, §3, 
is amended to read: 
16.  Youth camp.  "Youth camp" means a combination of program and facilities 
established for the primary purpose of providing an outdoor group living experience for 
children with social, recreational, spiritual and educational objectives and operated and 
used for 5 or more consecutive days during one or more seasons of the year.  "Youth 
camp" includes day camps, residential camps and trip and travel camps.  "Youth camp" 
does not include summer sports programs overseen by employees or volunteers of 
municipalities and educational institutions when the activities generally take place at 
municipal or institutional properties and buildings. 
Sec. A-14.  22 MRSA §2492, sub-§1, as amended by PL 2009, c. 211, Pt. A, §§4 
to 6, is further amended to read: 
1.  License required.  A person, corporation, firm or copartnership may not conduct, 
control, manage or operate the following establishments for compensation, directly or 
indirectly, without a license issued by the department: 
A.  An eating establishment; 
B.  An eating and lodging place; 
C.  A lodging place; 
D.  A recreational camp or sporting camp; 
E.  A camping area campground; or 
F.  A youth camp.; 
G.  A public pool; or 
H.  A public spa. 
Licenses issued must be displayed in a place readily visible to customers or other persons 
using a licensed establishment. 
Sec. A-15.  22 MRSA §2492, sub-§3, as enacted by PL 2003, c. 452, Pt. K, §20 
and affected by Pt. X, §2, is amended to read: 
3.  Campground; presumption.  If a camping area campground consists of 5 or 
more tents or recreational vehicles on a commercial lot, it is presumed that the owner or 
renter of the lot is receiving compensation for the use of a camping area campground. The 
owner or renter may rebut the presumption if the owner or renter presents a 
preponderance of evidence to the contrary. 
Sec. A-16.  22 MRSA §2499, sub-§4, as enacted by PL 1975, c. 496, §3, is 
amended to read: 
4.  Inspection reports.  The municipalities shall furnish the department electronic 
copies of its inspection reports relating to said inspections on a monthly basis in a format 
and on a schedule determined by the department. 
Sec. A-17.  22 MRSA §2499, sub-§6, as amended by PL 2003, c. 673, Pt. X, §4, 
is further amended to read: 
6.  License fee.  When a license is issued to an eating establishment, as described in 
section 2492, subsection 1, located in a municipality to which authority to conduct 
inspection has been delegated by the department as specified in this section, the 
requirement for payment of a license fee by the establishment to the department as set 
forth in section 2494 must be waived.  However, the licensee is required to pay the 
department a sum not to exceed $60 to support the costs of mailing and handling. 
Sec. A-18.  22 MRSA §2499, sub-§9, as enacted by PL 2003, c. 673, Pt. X, §6, is 
amended to read: 
9.  Delegation renewal.  Beginning January 1, 2005, and every 3 years thereafter, the 
department shall review the restaurant inspection program of the municipalities to which 
authority to conduct inspections has been delegated.  The process for the delegation of 
this authority and other such provisions describing the assignment of and removal of this 
delegation of authority must be established by rule and must include, but not be limited 
to, staff competency, enforcement and compliance history, inspection practices and 
reporting practices.  Rules adopted pursuant to this subsection are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. A-19.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 22, chapter 562, in the chapter headnote, the words 
"camping areas, recreational camps, youth camps and eating establishments" are amended 
to read "campgrounds, recreational camps, youth camps and eating establishments" and 
the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
PART B 
Sec. B-1.  22 MRSA §2494, first ¶, as amended by PL 2009, c. 211, Pt. A, §7, is 
further amended to read: 
Each application for, or for renewal of, a license to operate an eating establishment, 
eating and lodging place, lodging place, recreational camp, youth camp or camping area 
campground within the meaning of this chapter must be accompanied by a fee, 
appropriate to the size of the establishment, place, camp or area of the licensee, 
determined by the department and not to exceed the fees listed below.  All fees collected 
by the department must be deposited into a special revenue account established for this 
purpose.  No such fee may be refunded.  No license may be assignable or transferable.  
The fees may not exceed: 
Sec. B-2.  22 MRSA §2494, sub-§2, as amended by PL 2003, c. 673, Pt. X, §1, is 
further amended to read: 
2.  Sixty dollars.  Sixty dollars for each inspection for any eating establishment that 
is located in a municipality that requires local inspections of eating establishments; and 
Sec. B-3.  22 MRSA §2495, first ¶, as amended by PL 2009, c. 211, Pt. A, §8, is 
further amended to read: 
The department shall, within 30 days following receipt of application, issue an annual 
license to operate any eating establishment, eating and lodging place, lodging place, 
recreational camp, youth camp or camping area campground that is found to comply with 
this chapter and the rules adopted by the department. 
Sec. B-4.  22 MRSA §2498, sub-§1, ¶A, as amended by PL 2009, c. 211, Pt. A, 
§10, is further amended to read: 
A.  The department may impose penalties for violations of this chapter, or the rules 
adopted pursuant to this chapter, on any eating establishment, eating and lodging 
place, lodging place, recreational camp, youth camp or camping area campground.  
The penalties may not be greater than $100 for each violation.  Each day that the 
violation remains uncorrected may be counted as a separate offense.  Penalties may 
be imposed for each violation of the rules. 
Sec. B-5.  22 MRSA §2498, sub-§1, ¶B, as amended by PL 2009, c. 211, Pt. A, 
§11, is further amended to read: 
B.  The department may direct an eating establishment, eating and lodging place, 
lodging place, recreational camp, youth camp or camping area campground to correct 
any violations in a manner and within a time frame that the department determines is 
appropriate to ensure compliance with state rules or to protect the public health.  
Failure to correct violations within the time frames constitutes a separate finable 
violation. 
Sec. B-6.  22 MRSA §2498, sub-§1, ¶C, as amended by PL 2009, c. 211, Pt. A, 
§12, is further amended to read: 
C.  Any person, corporation, firm or copartnership that operates any eating 
establishment, eating and lodging place, lodging place, recreational camp, youth 
camp or camping area campground without first obtaining a license as required by 
this chapter must be punished, upon adjudication of unlicensed operation, by a fine of 
not less than $25 nor more than $200, and upon a 2nd or subsequent adjudication of 
unlicensed operation must be punished by a fine of not less than $200 nor more than 
$500.  Each day any such person, corporation, firm or copartnership operates without 
obtaining a license constitutes a separate offense. 
Sec. B-7.  22 MRSA §2499, first ¶, as enacted by PL 1975, c. 496, §3, is 
amended to read: 
Notwithstanding any other provisions of this chapter, the department may issue a 
license to establishments an establishment as defined in section 2491 on the basis of an 
inspection performed by an a health inspector who works for and is compensated by the 
municipality in which such an establishment is located, but only if the following 
conditions have been met. 
Sec. B-8.  22 MRSA §2499, sub-§2, as enacted by PL 1975, c. 496, §3 and 
amended by PL 2003, c. 689, Pt. B, §7, is further amended to read: 
2.  Qualified to make inspections.  No municipal A municipally employed 
sanitarians shall health inspector may not make inspections under the provisions of this 
chapter unless certified as qualified by the Commissioner of Health and Human Services. 
Sec. B-9.  22 MRSA §2499, sub-§8, as enacted by PL 1975, c. 496, §3, is 
amended to read: 
8.  Certification.  Certification of municipally employed sanitarians shall health 
inspectors must be in accordance with standards set by the commissioner and shall be for 
a period of 3 years. 
Sec. B-10.  22 MRSA §2501, as amended by PL 2007, c. 428, §1, is further 
amended to read: 
§2501.  Exceptions 
Private homes are not deemed or considered lodging places and subject to a license 
when not more than 5 rooms are let; such private homes must post in a visible location in 
each rented room a card with the following statement in text that is easily readable in no 
less than 18-point boldface type of uniform font "This lodging place is not regulated by 
the State of Maine Department of Health and Human Services, Maine Center for Disease 
Control and Prevention."  The homes must provide guests upon check-in with a notice 
containing the same information.  A license is not required from dormitories of 
charitable, educational or philanthropic institutions, fraternity and sorority houses 
affiliated with educational institutions, or from private homes used in emergencies for the 
accommodation of persons attending conventions, fairs or similar public gatherings, nor 
from temporary eating establishments and temporary lodging places for the same, nor 
from railroad dining or buffet cars, nor from construction camps, nor from boarding 
houses and camps conducted in connection with wood cutting and logging operations, nor 
from any boarding care facilities or children's homes that are licensed under section 7801. 
Cottages shall Rooms and cottages are not be deemed or considered lodging places 
and subject to a license where not more than 3 rooms and cottages are let. 
Stores or other establishments, where bottled soft drinks or ice cream is sold for 
consumption from the original containers only, and where no tables, chairs, glasses or 
other utensils are provided in connection with such sale, shall are not be considered 
eating places within the meaning of this section establishments. At such establishments, 
straws or spoons may be provided to aid in the consumption of such bottled soft drinks or 
ice cream, provided as long as they shall be are supplied in original individual single 
service sterile packages. 
Nonprofit organizations including, but not limited to, 4-H Clubs, scouts and 
argicultural agricultural societies shall be are exempt from department rules and 
regulations relating to dispensing foods and nonalcoholic beverages at not more than 12 
public events or meals within one calendar year. 
SUMMARY 
This bill amends the laws regarding the municipal licensing and inspection of 
campgrounds, recreational camps, youth camps and eating establishments.  It clarifies 
definitions for campgrounds, cottages, eating establishments, lodging places, vending 
machines, recreational camps and youth camps.  The bill adds definitions for health 
inspectors, public pools, public spas and sporting camps.  It repeals definitions for eating 
and lodging places, sanitarians and vending machine establishments.  It requires owners 
of public pools and spas and sporting camps to obtain a license from the Department of 
Health and Human Services.  Municipal inspection reports must be furnished 
electronically in a format and on a schedule determined by the department, and fees as set 
forth in the Maine Revised Statutes, Title 22, section 2494 for municipal license types as 
described in Title 22, section 2492 must be waived for establishments located in 
municipalities to which authority to conduct inspections has been delegated by the 
department.  However, the licensee is required to pay the department a sum not to exceed 
$60 for each license type.  It also exempts, for the purposes of the law requiring licensure 
of camping areas, those camping areas that are parking lots of shopping malls and store 
parking areas from the presumption that the owner of a camping area with 5 or more tents 
or recreational vehicles on a commercial lot is receiving compensation.  The bill also 
fixes cross-references.  It provides that the Department of Health and Human Services 
will not inspect or license lodging places that let 3 or fewer rooms.