Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 7 - PUBLIC ACCOMMODATIONS REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-7-01 - Definitions

Current through 2024-29, July 17, 2024
1991 Standards
means requirements set forth in
				  the ADA Standards for Accessible Design, originally published on July 26, 1991,
				  and republished as Appendix D to 28 CFR part 36.
2004 ADAAG
means the requirements set forth in
				  appendices B and D to 36 CFR part 1191 (2009).
2010 Standards
means the 2010 ADA Standards for
				  Accessible Design, which consist of the 2004 ADAAG and the requirements
				  contained in subpart D of 28 CFR part 36.
Alteration
means a change to a place of public
				  accommodation or a commercial facility that affects or could affect the
				  usability of the building or facility or any part of the building or facility,
				  including, but not limited to, reconstruction, remodeling, rehabilitation,
				  historic restoration, changes or rearrangement in structural parts or elements
				  and changes or rearrangement in the plan configuration of walls and full-height
				  partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos
				  removal or changes to mechanical and electrical systems are not alterations
				  unless they affect the usability of the building or facility.
Current illegal use of drugs
means illegal use
				  of drugs that occurred recently enough to justify a reasonable belief that a
				  person's drug use is current or that continuing use is a real and ongoing
				  problem.
Drug
means a controlled substance, as defined in
				  the State or federal Controlled Substances Act. Where there is a conflict
				  between State and federal law regarding the categorization of a drug as a
				  controlled substance (such as adult-use marijuana), State law will prevail
				  except where the receipt of federal funds or participation in federal programs
				  requires the application of federal standards.
Existing facility
means a facility in existence
				  on any given date, without regard to whether the facility may also be
				  considered newly constructed or altered under this part.
Facility
means all or any portion of buildings,
				  structures, sites, complexes, equipment, rolling stock or other conveyances,
				  roads, walks, passageways, parking lots, or other real or personal property,
				  including the site where the building, property, structure, or equipment is
				  located.
Illegal use of drugs
means the use of one or
				  more drugs, the possession or distribution of which is unlawful under the State
				  or federal
Controlled Substances Act
. The term "illegal use of
				  drugs" does not include the use of a drug taken under supervision by a licensed
				  health care professional, or other uses authorized by the State or federal
Controlled Substances Act
or other provisions of State or
				  federal law. Where there is a conflict between State and federal law regarding
				  the categorization of a drug as a controlled substance (such as adult-use
				  marijuana), State law will prevail except where the receipt of federal funds or
				  participation in federal programs requires the application of federal
				  standards.
New construction
includes, but is not limited
				  to, the design and construction of a facility for first occupancy or an
				  alteration if the cost of the alteration is 75% or more of the replacement cost
				  of the completed facility.
Other power-driven mobility device
means any
				  mobility device powered by batteries, fuel, or other engines - whether or not
				  designed primarily for use by individuals with mobility disabilities - that is
				  used by individuals with mobility disabilities for the purpose of locomotion,
				  including golf cars, electronic personal assistance mobility devices (EPAMDs),
				  such as the Segway® PT, or any mobility device designed to operate in areas
				  without defined pedestrian routes, but that is not a wheelchair within the
				  meaning of this section. This definition does not apply to Federal wilderness
				  areas; wheelchairs in such areas are defined in section
				  508(c)(2) of the
Americans with Disabilities Act of 1990
("ADA"),
				  42 U.S.C.
				  12207(c)(2).
Physical or mental disability
is defined in 5
				  M.R.S. §
									4553- A.
Place of public accommodation
means a facility,
				  operated by a public or private entity, whose operations fall within at least
				  one of the following categories:
(1) A
				place of lodging, whether conducted for the entertainment or accommodation of
				transient guests or those seeking health, recreation or rest. For purposes of
				this Chapter, a facility is a "place of lodging" if it is -
(i) An inn, hotel, or motel; or
(ii) A facility that -
(A) Provides guest rooms for sleeping for
				stays that primarily are short-term in nature (generally 30 days or less) where
				the occupant does not have the right to return to a specific room or unit after
				the conclusion of his or her stay; and
(B) Provides guest rooms under conditions and
				with amenities similar to a hotel, motel, or inn, including the following -
(1) On- or off-site management and
				reservations service;
(2) Rooms
				available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen
				service; and
(4) Acceptance of
				reservations for a guest room type without guaranteeing a particular unit or
				room until check-in, and without a prior lease or security deposit.