An Act To Preserve the Economic Viability of Maine's Historic Properties
Maine Legislature, Session 128, LD 1140
Committee Amendment CA_A_H345 (House)
Amends: 25 MRSA §2452

COMMITTEE AMENDMENT "A" to H.P. 803, L.D. 1140, Bill, "An Act To 
Preserve the Economic Viability of Maine's Historic Properties" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 25 MRSA §2452, sub-§4 is enacted to read: 
4. Appeal from municipal determination. A person aggrieved by an act of a 
municipal official enforcing a rule adopted by the commissioner under this section or 
enforcing a provision in a municipal ordinance that is identical to a rule adopted by the 
commissioner under this section with respect to a historic prope1ty being operated as a 
lodging place may appeal the action of the municipal official within 30 days to the Office 
of the State Fire Marshal. For the purposes of this subsection, "historic property" means a 
property listed on the National Register of Historic Places or designated as a historic 
property by a certified municipal historic preservation ordinance and "lodging place" has 
the meaning set forth in Title 22, section 2491, subsection 7 -F. 
A. In order to make an appeal under this subsection, a person must file the appeal in 
writing with the Office of the State Fire Marshal and mail a copy of the appeal to the 
municipality in which the historic prope1ty is located. 
B. Either the person or the municipality may request a hearing by the Office of the 
State Fire Marshal by filing a written request with the Office of the State Fire 
Marshal within 10 days of the notice of appeal under paragraph A. 
C. If a request for a hearing is filed in compliance with paragraph B, the Office of 
the State Fire Marshal shall hold a hearing on the appeal within 30 days of the request 
unless a longer period is mutually agreed to in writing by the person and the 
municipality. A hearing held under this subsection is informal and may be conducted 
at the site of the affected property. 
D. The Office of the State Fire Marshal shall issue a decision under this subsection in 
writing within 30 days of receiving the appeal under paragraph A or within 30 days 
of conducting the hearing under paragraph C, whichever is later. 
The written 
decision must include the specific reason or reasons for affitming or reversing the 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "ft" to H.P. 803, L.D. 1140 
municipal enforcement action and a statement of the patties' right to judicial review 
of the decision in Superior Court pursuant to paragraph E. 
E. 
A decision of the Office of the State Fire Marshal under this subsection 
constitutes final agency action that may be appealed to the Superior Court in 
accordance with Rule 80C of the Maine Rules of Civil Procedure. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Fire Marshal - Office of 0327 
Initiative: Provides funding for one Public Safety Inspector II position and related costs to 
review and respond to appeals of municipal inspection officers' decisions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2017-18 
1.000 
$55,553 
$12,369 
$67,922 
2018-19 
1.000 
$77,831 
$16,492 
$94,323 
This amendment, which is the majority report of the committee, replaces the bill and 
authorizes the owner of a historic property being operated as a lodging place to appeal the 
decision of a municipal inspection officer that the property does not meet the standards of 
the fire and life safety codes adopted by the Commissioner of Public Safety or a provision 
in locally adopted fire and life safety codes that is identical to a provision in the fire and 
life safety code adopted by the commissioner within 30 days. 
The appeal must be 
submitted in writing to the Office of the State Fire Marshal. If an informal hearing is 
requested, it must be conducted within 3 0 days and may be held at the site of the affected 
property. The Office of the State Fire Marshal must issue a written decision within 30 
days of the appeal or hearing, whichever is later, explaining the reasons for affirming or 
reversing the municipal enforcement decision. The decision of the Office of the State 
Fire Marshal constitutes final agency action and may be appealed to the Superior Court. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/20/17 .feac 
LD 1140 
LR 1677(02) 
An Act To Preserve the Economic Viability of Maine's Historic Properties 
Fiscal Note for Bill as Amended by Committee Amendment ,ff c.H-34-~ 
Committee: Labor, Commerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$67,922 
$94,323 
$67,922 
$94,323 
Projections 
FY 2019-20 
$98,215 
$98,215 
Projections 
FY 2020-21 
$102,301 
$102,301 
The bill includes a General Fund appropriation of $67 ,922 in fiscal year 2017-18 and $94,323 in fiscal year 2018-19 
for one Public Safety Inspector II position and related costs to review and respond to appeals of municipal inspection 
officers' decisions regarding fire and life safety codes. 
LRl 677(02) - Fiscal Note - Page 1 of 1