reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 201 - HEALTH INSPECTION PROGRAM ADMINISTRATION RULE › Section 144-201-11 - VARIANCES

Current through 2024-29, July 17, 2024
A.
Variances.
The Department may
				grant a variance by modifying or waiving the requirements of Department rules,
				if the Department determines that a serious health hazard will not result from
				the variance.
B.
Documentation of proposed variance and justification.
A person
				seeking a variance of any provision of this rule is required to submit the
				following information, in support of the request:
1. A statement of the proposed variance of
				the requirement of the rule, citing appropriate section numbers;
2. An analysis of the rationale for how the
				potential public health hazards and nuisances addressed by the rule will be
				alternatively addressed by the proposal; and
3. A HACCP plan, if required, as specified
				under the relevant rule, that includes the information specified under this
				rule, as it is relevant to the variance requested.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-2 - REGISTRATION, PLANS AND CONSTRUCTION

Current through 2024-29, July 17, 2024
A.
Registration
1. No city, town,
				village, plantation, institution, school, civic club, organization, person,
				firm or corporation, may operate or maintain any public pool or spa without
				first having registered the same with the Department. Forms for this purpose
				are available from the Department.
2. Any residential pool or spa located on the
				premises of a lodging establishment licensed by the Department and not intended
				for the use of the facility guests or clients must be clearly posted as not
				available for public use.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-3 - MAINTENANCE AND OPERATION

Current through 2024-29, July 17, 2024
A.
Pool and
				Spa Supervision Responsibility
1. No
				public pool or spa may be used or presented as available for use, unless
				maintained and operated in compliance with all of the requirements of
				subsections 3(A) (2) - (4), and the appropriate standards listed in
				subsections[DEGREE]2(B)(2) - (6).
2. Every public pool or spa must retain a
				pool supervisor who is fully capable of, and shall assume responsibility for,
				compliance with all requirements relating to pool operation, maintenance and
				safety of bathers. This person shall qualify as one of the following: (a) a
				Certified Pool-Spa Operator® (CPO), certified by the National Swimming Pool
				Foundation; (b) a Professional Pool and Spa Operator (PPSO), certified by the
				Pool & Hot Tub Council of Canada; or (c) have equivalent training
				acceptable to the Department. (C)
a. The pool
				supervisor is responsible for training the onsite personnel in the basic
				operation of the pool, including, but not limited to, water testing and record
				keeping, water clarity, pool rules, hours of operation, eligible patrons, and
				pool closure procedures.
b. Only
				the pool supervisor may handle any sanitizer (chlorine, bromine,
				etc.).
c. If the owner is using a
				pool management service, this service must visit the site at least once per
				week and is responsible for adding chemicals and training the on-site personnel
				in Section 3(A)(2). This weekly visit does not replace the requirement for the
				pool supervisor's duties within this Section.
3. Routine (e.g., daily and weekly) operating
				procedures must be permanently posted in a location accessible to, and
				frequented by, the operator. They must also be available for viewing by
				representatives from the Department.(C)
4. Manufacturers' instructions for operation
				and maintenance of mechanical and electrical equipment must be kept available
				for the operator and representatives from the Department. (C)
5. Chemical storage areas must be locked at
				all times.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-4 - SUPPLEMENTAL LAYERS OF PROTECTION - OUTDOOR POOLS AND SPAS

Current through 2024-29, July 17, 2024
A.
Walls, Fences and Structures as
				Barriers
Barrier walls and fences may be stand-alone walls and fences
				  or may be in combination with a structural pool, spa or hot tub walls, or a
				  building/dwelling wall, to form the barrier around the public pool or spa.
				  (C)
B.
Dimensions
The top of the wall/fence must be at least 48 inches (1.2 m)
				  above grade and measured on the side of the wall/fence which faces away from
				  the public pool or spa. The maximum vertical clearance between grade and the
				  bottom of the wall/fence must be 4 inches (102 mm). (C)
C.
Pedestrian Access Gates
1. Access gates in the barrier must be
				self-closing, self-latching, accommodate a locking device and must open outward
				away from the public pool or spa, except when natural topography or other
				conditions dictate that it open inward. (C)
Release of the latch on the self-latching device for the gate
				  must be activated by either of the following standards:
a. at a height no less than 54 inches (1,372
				mm) above grade for chain-link access gates and at a height no less than 54
				inches (1,372 mm) above the horizontal bottom rail of a picket/ornamental
				access gate; or
b. on the public
				pool or spa side of the gate, at a distance no less than 3 inches (76 mm) below
				the top of the gate, if the gate and barrier have no opening greater than a
				half-inch within 18 inches of the release mechanism. Where a self-latching
				device is also self-locking and is opened by means of a key, electronic opener,
				or integral combination lock, it may be located at any height on the gate, so
				long as it does not negate the function of the gate.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-5 - ANCILLARY AREA AND FACILITIES

Current through 2024-29, July 17, 2024
A.
Bathhouse, Dressing, Shower, and Toilet Facilities (Class A and B Pools)
1. A bath house with dressing room, shower
				and toilet facility must be located within 500 feet of the pool, except that
				shower and dressing facilities may not be required when bathers have access to
				such facilities in adjacent living quarters. Toilet facilities must be provided
				for users of a public Class A or B pool.
2. Dressing and sanitary facilities must meet
				handicapped accessibility standards.
3. Dressing and sanitary facilities must be
				provided with separations for each sex, with no interconnection. The rooms must
				be well-lit, drained, ventilated, and of good construction, with impervious
				materials. They must be developed and planned, so that good sanitation can be
				maintained throughout the building at all times. This requirement does not
				prohibit the facility from supplying a family changing room in addition to
				rooms for each sex.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-6 - SPECIFIC SAFETY FEATURES AND REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Handholds - Public Pools
1. A public pool must be provided with a
				suitable handhold around its perimeter in areas where depths exceed 3 feet, 6
				inches. Handholds must be provided no further apart than 4 feet and must
				consist of any 1 of (or a combination of) the items listed in Section 6(A)
				(1)(a) - (c). (C)
a. Coping, ledge, or deck
				along the immediate top edge of the pool which provides a slip-resisting
				surface of at least 4 inches minimum horizontal width and located at, or not
				more than, 12 inches above the waterline; or
b. Ladders, stairs, or seat ledges;
				or
c. A secured rope or railing
				placed at, or not more than, 12 inches above the waterline.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-7 - HYGIENIC CONSIDERATIONS FOR PUBLIC POOLS AND SPAS

Current through 2024-29, July 17, 2024
A.
Common Towels, Cups, Etc.
1. The use of shared towels, drinking cups,
				combs, hair brushes or other common toilet articles is prohibited.
2. No glass is allowed into the pool or spa
				area, including the deck area.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-8 - WATER SUPPLY AND WASTE WATER DISPOSAL

Current through 2024-29, July 17, 2024
A.
Pool Water Supply
1. The pool
				water supply must be adequate, of a safe, sanitary quality, and from a public
				water system or private source approved by the Department. (C).
2. All portions of the water distribution
				system serving the public pool or spa must be protected against backflow and
				back-siphonage. Water introduced into the public pool or spa, either directly
				or to the recirculation system, must be supplied through an air gap or by
				another method approved by the local plumbing inspector (LPI) or the
				Department. (C).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-9 - PUBLIC SPA SPECIAL REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Aeration System
A public spa aeration and/or jet system must be completely
				  separate from its filtration system and must not be interconnected with any
				  non-spa pool. (C).
B.
Maximum Operating Temperature
The maximum allowable water temperature is 104 °F for a
				  public spa. A public spa must be equipped with an accurate thermometer designed
				  for pool use. (C).
C.
Spa Use Parameters (C)
1. A
				precaution sign must be provided with the public spa use parameters listed
				below. The spa use parameters sign must be mounted by the operator in a
				prominent location. Lettering must be at least one (1) inch in height and be of
				contrasting color to the background on which they are applied. 
				
											 Risk of Fetus Damage - Hot water exposure limitations
					 vary from person to person. Pregnant women and small children should not use
					 spa prior to medical consultation.
											 Risk of Drowning - Persons suffering from heart
					 disease, diabetes, high or low blood pressure and other health problems should
					 not enter the spa without prior medical consultation and permission from their
					 doctor.
											 Risk of Drowning - Do not use the spa while under the
					 influence of alcohol, narcotics, or other drugs that cause sleepiness,
					 drowsiness, or raise/lower blood pressure.
											 Risk of Child Drowning - Unsupervised use by children
					 is prohibited.
											 Risk of Injury - Before entering the spa, check spa
					 temperature before each use. The spa temperature must not exceed 104
					 °F.
											 Risk of Drowning - Use caution when bathing alone.
					 Overexposure to hot water may cause nausea, dizziness, and fainting.
											 Risk of Drowning - Do not use the spa while it is
					 being drained.
											 Risk of Injury - Enter and exit slowly.
											 Risk of Injury - Keep all breakable objects out of the
					 spa area.
											 Risk of Shock - Never place electrical appliances
					 (telephone, radio, TV, etc.) within 5 feet of the spa.
											 Risk of Shock - Spa must not be operated during severe
					 weather conditions, i.e. electrical storms, tornadoes, etc.
											 Risk of Drowning - Do not allow the use of, or operate
					 spa, if the suction fitting is missing, broken or loose.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-10 - INSPECTION AND CLOSURE

Current through 2024-29, July 17, 2024
A.
Inspection
1. All public pools
				and spas must be open for inspection by any authorized agent of the Department
				at all reasonable times.
2. Any
				authorized agent of the Department may cite the owner or operator of a public
				pool or spa for non compliance with any of the requirements of these Rules. The
				citation will specify a compliance period, which may not exceed one
				year.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Section 144-202-11 - VARIANCES AND APPEALS

Current through 2024-29, July 17, 2024
A.
Variances
1. A public pool or
				spa operator may submit a request for a variance from these Rules. The variance
				request must be in writing and must state the following:
a. The reason(s) for the variance request;
				and
b. The reason(s) why the
				specific requirement(s) of the rules cannot be met.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Appendix 144-202-B - WATER REPLACEMENT STANDARDS

Current through 2024-29, July 17, 2024
This procedure provides requirements of how to determine the
				  frequency for which spa and hot tub water should be replaced.
Test the TDS (Total Dissolved Solids) and calculate the WRI
				  (Water Replacement Interval) to determine when your spa needs to be drained.
				  Drain the spa completely, clean it thoroughly, and refill it with source water
				  when either of the following conditions is met:
1. The Total Dissolved Solids (TDS) in the
				spa water exceeds the source water TDS by 1,500 ppm or more; or
2. The Water Replacement Interval (WRI) is
				less than or equal to the number of days since the last time the water was
				drained. WRI is calculated as shown in the formula and examples below.
WRI, days = (1/3)(Spa Volume, U.S. Gallons)/(Number of
				  Bathers/Day)
EXAMPLE 1:
The TDS of the original source water
				  was measured and recorded to be 800 ppm. The TDS of the spa water is now
				  reading 2,500 ppm. The difference is greater than 1,500 ppm (2,500 ppm - 800
				  ppm = 1,700 ppm) and therefore the spa should be drained immediately.
EXAMPLE 2:
Consider a 600-gallon spa that was
				  last drained and refilled Sunday evening. Each day the operator estimates the
				  number of bathers that used the spa that day and calculates the WRI. This
				  calculated value is then rounded off to yield a whole number. Referring to the
				  table below, the operator would have calculated based on 85 bathers on
				  Monday:
Water Replacement Interval, days = (1/3) x 600 / 85 = 200 /
				  85 = 2.4 or about 2 days.
The spa water was replaced Tuesday evening because the
				  Monday bather load (85) dictated that a 2- day Water Replacement Interval was
				  required.
Mon
Tue
Wed
Thur
Fri
Sat
Sun
Bathers/day
85
2
19
20
105
100
<50
Calculated days to replace water
2.4
100
10.5
10
1.9
2
>4
Days to replace water (WRI)
2
100
11
10
2
2
>4
Drain the spa"
No
Yes
No
No
Yes
No
Yes
EXAMPLE 3:
Referring to the table above, the WRI
				  values for Wednesday and Thursday did not indicate a need to drain the spa. The
				  water was replaced on Friday evening because the Friday bather load (105)
				  dictated a 2-day Water Replacement Interval (Friday is already 3 days after
				  Tuesday).
EXAMPLE 4:
The water was replaced again Sunday
				  evening because of the Saturday bather load (100). The bather load on Sunday
				  was irrelevant because the spa would be drained regardless due to the high
				  bather load on Sunday.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Appendix 144-202-C - RULES POSTED

Current through 2024-29, July 17, 2024
(SECTION 6 (H))
The following are suggested signs or rules to post in a
				  conspicuous place at a public pool or spa:
*
"No Unsupervised Small Children Allowed in the Pool
				  Area or Pool". (Section
				  6(D)(6) 
				  ).
*
"All Infants and Small Children not Toilet Trained
				  Must Wear Rubber Swim Pants While in the Pool". (See Section
				  7(C)(4) 
				  )
*
"All Pool Users Shall Shower Prior to Entering the
				  Pool". (See Section
				  5(A)(4) 
				  ).
*
"All Pool Users Shall Avoid Using the Pool if They
				  are Experiencing Symptoms of Vomiting, Diarrhea, Skin Rash, or Open Wounds."
				  (See Section
				  7(C) )
*
"No Diving." or "Shallow Water No Diving." or "Dive
				  Only at Designated Areas."
*
"No Swimming in Diving Area if Diving Board is in
				  Use".
*
"Urinating, discharge of fecal matter, expectorating
				  (spitting), spouting water, and blowing one's nose in the water are not
				  allowed." (See Section
				  7(B)(1).)
*
"No Food, Drink, or Glass Containers Allowed."(See
				  Section
				  7(A)(2).)
*
"No animals in pool or on pool deck." (See Section
				  7(C)(3).)
*
"Swimmers must wear appropriate swimming
				  attire."
*
"No Running or Horseplay Allowed."
*
"No Floatation Devices, Toys or Masks & Snorkel
				  Equipment Allowed."
*
"Only Guests of This Facility May Use the
				  Pool."
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 202 - RULES RELATING TO PUBLIC SWIMMING POOLS AND SPAS › Appendix 144-202-D - OPERATING RECORDS

Current through 2024-29, July 17, 2024
The following parameters and frequencies are required for
				  proper record-keeping procedures.
Parameter
Sampling or Recording Frequency
Notes
Sanitizer residual & pH
As needed to maintain minimum residual, but not less
						  than 3 times per day
Influenced by bather load
Total alkalinity
Once per week
Calcium hardness
Once per week
Cyanuric acid
Once per week
Water Temperature
Daily
Filter influent/effluent pressure
Daily
Determines need for filter backwash
Recirculation rate
Daily
Filter backwash
As necessary
As indicated by pressure drop across filter
Bather load
Daily
Injury or accident
As necessary (See Section
						  7(B)(4) )
Fecal, vomiting, and bleeding accidents must be recorded
Chemical addition
As necessary
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-2 - RETAIL TOBACCO LICENSE REQUIRED

Current through 2024-29, July 17, 2024
It is unlawful for any person, partnership or corporation
				  that engages in retail sales, including retail sales through vending machines,
				  delivery sales of premium cigars or in free distribution of tobacco products,
				  to sell, keep for sale or give away in the course of trade any tobacco products
				  to anyone without first obtaining a retail tobacco license from the department,
				  in accordance with these rules. The retail tobacco license for a vending
				  machine shall be obtained by the vending company. The retail tobacco license
				  for a delivery seller shall be obtained by the person taking orders for premium
				  cigars.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-4 - DISPLAY OF LICENSE; NOTICES

Current through 2024-29, July 17, 2024
A. A licensee shall
				publicly display the license on the premises and on each machine to
				whi
c
h the license applies.
B. Delivery Sellers shall prominently display
				a notice of Maine licensure, including the license number, on all media used to
				solicit sales. The display shall use an Arial Black font with a minimum font
				size of 12.
C. All licensees shall
				post notice of the prohibition on tobacco sales to juveniles and the
				requirement that tobacco cannot be sold to any person under 27 years of age
				without age verification by reliable photo identification. Notices must be
				publicly and conspicuously displayed in the licensee's place of business in
				letters at least 3/8 inches high. Delivery Sellers shall prominently display a
				notice of the above prohibition and identification requirement on all media
				used to solicit sales. The display shall use an Arial Black font with a minimum
				font size of 12. Signs required by this section shall be provided at cost by
				the Department at the time of licensure.
D. Any person who violates this section
				commits a civil violation for which a forfeiture of not less than $50nor more
				than $200 may be adjudged for one offense.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-5 - TRANSFER OF LICENSES

Current through 2024-29, July 17, 2024
Except as otherwise provided in
				  
				  22 MRSA §1553, a license or any interest
				  in a license may not be sold, transferred, assigned or otherwise controlled by
				  any person, other than the licensee. If the business or any interest in the
				  business connected with a licensed activity is sold, transferred or assigned,
				  the license holder shall send immediately to the Department the license and a
				  sworn statement showing the name and address of the purchaser. A license shall
				  not be issued to another applicant until the current license and sworn
				  statement of the former licensee are received by the
				  Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-7 - SALE WITHOUT A VALID LICENSE; CRIME; PENALTY

Current through 2024-29, July 17, 2024
Notwithstanding
				   17-A MRSA
				  §4-A, any person who engages in retail
				  tobacco sales, delivery sales or in free distribution of tobacco products in
				  the ordinary course of trade in or into this State without a valid license
				  commits a Class E crime and is subject to the penalties listed in
				  
				  22 MRSA §1554.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-8 - IDENTIFICATION CARDS

Current through 2024-29, July 17, 2024
A licensee may refuse to sell tobacco to any person who fails
				  to display upon request an identification card issued under
				  
				  29-A MRSA §1410, or a motor vehicle
				  operator's license bearing the photograph of the operator and issued under 29-A
				  MRSA.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-9 - SALE OF UNPACKAGED CIGARETTES

Current through 2024-29, July 17, 2024
A.
Prohibition.
A person may not sell cigarettes except in the original,
				sealed package in which they were placed by the manufacturer, which may not be
				smaller than 20 cigarettes per package, nor may a person sell cigarettes in
				smaller quantities than placed in the package by the manufacturer.
B.
Penalties
1. Penalty; employee. A person who violates
				this section commits a civil violation for which a fine of not less than $10
				and not more than $100 may be adjudged. In all cases of violations, the court
				shall impose a fine that may not be suspended, except pursuant to Title 15,
				section 3314.
2. Penalty;
				employer. The employer of a person who violates this section commits a civil
				violation for which a fine of not less than $100 and not more than $1,000 may
				be adjudged. In all cases of violations, the court shall impose a fine that may
				not be suspended.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-10 - DELIVERY SALES OF PREMIUM CIGARS

Current through 2024-29, July 17, 2024
The following requirements apply to delivery sales of premium
				  cigars within the State.
A.
License required.
It is unlawful for any person to accept an order for a
				delivery sale of premium cigars to a consumer in the State unless that person
				is licensed under this chapter as a tobacco retailer. The following penalties
				apply to violations of this subsection.
1. A
				person who violates this subsection commits a civil violation for which a fine
				of not less than $50 and not more than $1,500 may be adjudged for each
				violation.
2. A person who violates
				this subsection having been previously adjudicated of a violation of either 22
				M.R.S.A. §1555-C(2), (4) or subsection (B), (C), or (D) of this section
				commits a civil violation for which a fine of not less than $1,000 more than
				$5,000 may be adjudged.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-11 - JURISDICTION;DISTRICT COURT

Current through 2024-29, July 17, 2024
A.
Jurisdiction
. The District Court shall conduct hearings on all matters
				concerning violations by tobacco licensees of any state law related to tobacco
				sales. Notwithstanding 5 MRSA §10051, the District Court has exclusive
				jurisdiction over all violations of these rules by licensees and their agents
				or employees when no criminal penalty is provided.
B.
Powers
. The District Court
				may impose fines or suspend or revoke licenses in accordance with 22 MRSA
				§§1557 - 1559.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
1.A. License
				required: No person, corporation, firm or partnership shall conduct, control,
				manage or operate, for compensation, directly or indirectly, any park,
				agricultural fair campground, or temporary campground unless the same shall be
				licensed by the Department.
1.B.
				License posted: Licenses issued must be displayed at the office of the park or
				in a place readily visible to customers and other persons using a licensed
				park.
1.C. Applicant: Any person,
				corporation, firm or partnership desiring a license shall submit satisfactory
				evidence of his, her or its ability to comply with the minimum standards of
				these rules.
1.D. Exceptions: Any
				park, licensed by the Department prior to the effective date of these rules,
				which may not comply with all design and construction standards of these rules,
				shall be deemed acceptable for licensing if capable of being maintained and
				operated in a sanitary condition.
1.E. Existing parks: Parks existing as of the
				date of enactment of these rules shall be licensed for the number of existing
				approved sites within the park available for lease and parks under development
				with plans submitted and approved by the Department or other Statutory
				Authority shall be licensed provided that the proposed developments do not
				include hazards to public health and safety.
1.F. Number of sites: Each application for
				new license and renewal of license shall include information specifying the
				number of approved sites within the park that shall be available for lease
				during the license year. The owner or person in charge of the park shall not
				permit the placement of any R.V.'s exceeding the number of sites approved on
				the issued license.
1.G. License
				fees: Each application for, or for renewal of, a license to operate a park
				shall be accompanied by the required fee. The following schedule of fees are
				required for licensing of parks: Base fee $45.00 plus $1.00 per site to a
				maximum of $125.00.
1.G.1. Fees for additional
				inspections: All such fees are for the license, 2 licensure inspections and one
				follow-up inspection. When additional inspections are required to determine an
				applicant's eligibility for licensure, the Department may charge an additional
				fee of $20 for costs for each additional inspection required.
1.G.2. Failure to pay fees: Failure to pay
				such charges within 30 days of the billing date shall constitute grounds for
				revocation of said license, unless an extension for a period not to exceed 60
				days is granted in writing by the Commissioner.
1.G.3. No refunds: No fees shall be refunded.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-2 - REGISTERS

Current through 2024-29, July 17, 2024
2.A. Required: The proprietor shall keep and
				maintain or cause to be kept and maintained therein, a register of guests
				renting or occupying sites. The register may be a book or separate registration
				form or card.
2.B. Signed by
				guests: Such register shall be signed by the person renting sites or by someone
				under their direction. The proprietor or their agent shall write opposite each
				name the number of sites assigned to and occupied by each guest, and the state
				and license number of any automobile then being used or operated by the
				registrant.
2.C. Retention of
				registers: The proprietor or their agent shall keep and preserve the record for
				5 years showing the date of registration and duration of occupancy of each
				site. Said register shall be available to any agent of this Department upon
				request.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-3 - SANITARY FACILITIES

Current through 2024-29, July 17, 2024
3.A. Water supply:
				The park's water supply shall conform to applicable laws and rules relating to
				water supplies.
3.A.1. Hot and cold water:
				Warm and cold running water, under pressure, shall be provided to all sanitary
				buildings except when deemed impracticable by the Department.
3.A.2. Water for ice: Ice shall be made from
				water meeting the requirements of Section 3-A. The ice making machine shall be
				located, installed, operated and maintained so as to prevent contamination of
				ice. A license for ice making shall be obtained from the Department of
				Agriculture, Food and Rural Resources.
3.A.3. Handling ice: Ice shall be handled,
				transported and stored in such a manner as to be protected against
				contamination.
3.A.4. Water
				analysis: A copy of the current water analysis shall be at the park and in view
				of the public. A water sample shall be taken, tested and shown to be
				satisfactory before the campground opens for the season.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-4 - NON-CONFORMING USAGE

Current through 2024-29, July 17, 2024
4.A. Requests: Any
				property owner or lessee may request the Department for permission to use such
				property in a manner otherwise prohibited by these rules.
4.B. Burden of proof: The burden of proof
				shall be upon the applicant to demonstrate by substantial evidence, that:
4.B.1. Hardship: Strict compliance with the
				rules and standards would, because of exceptional or unique conditions of
				topography, access, location, shape, size, or other physical features of the
				site, cause unusual hardship or extraordinary difficulties, provided that the
				unusual hardship or extraordinary difficulties claimed as a ground for variance
				have not been created by the owner or a predecessor in title;
4.B.2. Intent: The proposed development is in
				keeping with the general spirit and intent of this chapter; and
4.B.3. Public interest: The public interest
				is otherwise protected.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-5 - GARBAGE AND RUBBISH DISPOSAL

Current through 2024-29, July 17, 2024
5.A. Containers:
				Garbage and rubbish shall be kept in durable insect proof containers that do
				not leak and do not absorb liquids. Plastic bags and wet-strength paper bags
				may be used to line these containers.
5.A.1.
				Tight lids: All containers shall be provided with tight-fitting lids.
5.A.2. Adequate number: There shall be a
				sufficient number of containers to hold all of the garbage and rubbish which
				accumulates between periods of removal from the premises.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-6 - VERMIN CONTROL

Current through 2024-29, July 17, 2024
6.A. Insect and
				rodent control: Grounds, buildings and structures shall be maintained free of
				insect and rodent harborage and infestation. Extermination methods and other
				measures to control insects and rodents shall conform with the requirements of
				the Department and other state or federal rules.
6.A.1. General: Parks shall be maintained
				free of accumulations of debris which may provide rodent harborage, or breeding
				places for flies, mosquitoes and other pests.
6.A.2. Maintenance: Storage areas shall be so
				maintained as to prevent rodent harborage.
6.A.3. Screening: Where the potential for
				insect and rodent infestation exists, all exterior openings in or beneath any
				structure shall be appropriately screened with wire mesh or other suitable
				materials.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-7 - REQUIREMENTS FOR NEW CONSTRUCTION

Current through 2024-29, July 17, 2024
7.A. General
				requirements: Condition of soil, ground water level drainage and topography
				shall not create hazards to the property or to the health or safety of the
				occupants. The site shall not be exposed to objectionable smoke, noise, odors
				or other adverse influences, and no portion subject to unpredictable and/or
				sudden flooding, subsidence or erosion shall be used for any purpose which
				would expose persons or property to hazards.
7.A.1. Minimum lot sizes: Sites shall contain
				a minimum of 1000 square feet (92-9 sq. m) (not including roads and streets)
				for each R.V. and tent site, except that in areas subject to the 250-foot
				(76.2m) mandatory Shoreland Zoning Act, there shall be a minimum of 5,000
				square feet (464.5 sq. m) of suitable land, (not including roads and streets,)
				for each site.
7.A.2. Primitive
				sites: Primitive site shall contain a minimum of 10,000 square feet (929 sq.
				m).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-8 - SUBMISSION OF PLANS FOR NEW CONSTRUCTION

Current through 2024-29, July 17, 2024
8.A.Plan information: A complete plan of any
				proposed new, expanded or altered park shall be submitted to the Department for
				approval before construction and licensing. The following information shall be
				included in any plans submitted to the Department:
8.A.1. Applicant: Name and address of
				applicant.
8.A.2. Legal
				description: Location and legal description of the park.
8.A.3. Engineering plans: Complete
				engineering plans, drawn to scale, and specifications of the proposed park or
				area showing, when applicable:
8.A.4. Location of sites: The number and
				location of R.V.'s and tenting sites.
8.A.5. Roads: The location of
				roadways.
8.A.6. Water and sewer
				lines: The location of water and sewer lines and riser pipes.
8.A.7. Buildings: Plans, location and
				specifications of all buildings constructed or proposed within the park.
8.A.8. Lighting: The location and
				details of lighting and electrical systems.
8.A.9. Type of park: The type of park
				proposed, R.V. and tent or wilderness recreational park.
8.A.10. Water supply: The source of the
				drinking water supply and water test results along with a well approval form if
				source is a well.
8.A.11.
				Wastewater disposal: Design of wastewater disposal system on HHE-200 form.
8.A.12. Date: The date the plans
				were drawn up.
8.A.13. Signature:
				Signature of the preparer of the plan.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-9 - ADDITIONAL REQUIREMENTS FOR WILDERNESS RECREATIONAL AREAS

Current through 2024-29, July 17, 2024
9.A. Privies: Privies shall be constructed to
				be fly tight and ventilated.
9.A.1. Seats:
				Toilet seats shall be provided for privies.
9.A.2. Waste disposal: Surface soil shall not
				be contaminated.
9.A.3. Vermin
				control: Excreta shall not be accessible to flies and animals.
9.A.4. Odor control: There shall be freedom
				from odors and unsightly conditions. Chlorinated lime or other approved
				chemicals shall be used to control odors.
9.A.5. Self-closing doors: Privy doors shall
				be self-closing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-10 - REQUIREMENTS FOR TEMPORARY CAMPGROUNDS

Current through 2024-29, July 17, 2024
10.A.
				Wastewater: No wastewater shall be disposed of on the ground.
10.A.1. Disposal system: Approved septic
				system or holding tank shall be provided.
10.A.2. Toilets: Adequate number of portable
				toilets or non-water carried sewage disposal facilities shall be provided. At
				least one portable toilet shall be provided for every 150 campers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 205 - RULES RELATING TO CAMPGROUNDS › Section 144-205-11 - REQUIREMENTS FOR AGRICULTURAL FAIR CAMPGROUNDS

Current through 2024-29, July 17, 2024
11.A. Agricultural fair campgrounds shall
				make application, pay a fee of $125.00, and be licensed each year prior to the
				opening of the fair campground.
11.B. Agricultural fair campgrounds shall be
				in compliance with sections 1, 3, 5 and 6 of these regulations.
11.C. Agricultural fair campgrounds shall be
				licensed for all camping events permitted by the Fair prior to the effective
				date of these rules.
11.D. An
				Agricultural fair campground seeking licensure for expansion of camping
				facility capacity or use of new grounds shall be required to meet the
				requirements of these rules for a temporary campground for events totaling no
				more than 12 days per year, or the requirement for a regular campground for
				events totaling more than 12 days per year.
The provisions of this section (11) become effective
				  January 1, 2001.
Appropriation 010-10A-2450-012
Non-Discrimination Notice
In accordance with Title VI of the Civil Rights Act of 1964 (
				  42 U.S.C. §
											1981, 2000 d
et seq
.)
				  Section 504 of the Rehabilitation Act of 1973, as amended (
				  29 U.S.C.
				  §
											794 ), the Age Discrimination Act of
				  1975, as amended (
				  42 U.S.C. §
											6101
et seq
.), Title II of
				  the Americans with Disabilities Act of 1990 (
				  42
				  U.S.C. §
											12131
et
				  seq
.), and Title IX of the Education Amendments of 1972, ( 34 C.F.R.
				  Parts 100, 104, 106 and 110 ), the Maine Department of Human Services does not
				  discriminate on the basis of sex, race, color, national origin, disability or
				  age in admission or access to or treatment or employment in its programs and
				  activities.
Kim Pierce, Civil Rights Compliance Coordinator, has been
				  designated to coordinate our efforts to comply with the U.S. Department of
				  Health and Human Services regulations ( 45 C.F.R. Parts 80, 84, and 91 ), the
				  Department of Justice regulations ( 28 C.F.R. part 35 ), and the U.S.
				  Department of Education regulations ( 34 C.F.R. Part 106 ) implementing these
				  Federal laws. Inquiries concerning the application of these regulations and our
				  grievance procedures for resolution of complaints alleging discrimination may
				  be referred to Kim Pierce at 221 State Street, Augusta, ME 04333, telephone
				  number: (207) 287-3488 (Voice) or (207) 287-4479 (TDD), or the Assistant
				  Secretary of the Office of Civil Rights of the applicable department (e.g. the
				  Department of Education), Washington, D.C.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 206 - RULES RELATING TO LODGING ESTABLISHMENTS › Chapter 1 - PURPOSE AND DEFINITIONS › Section 144-206-1-A - Rules Relating to Lodging

Current through 2024-29, July 17, 2024
These provisions shall be known as the Rules Relating To
					 Lodging, hereinafter referred to as "Lodging Rules." These rules shall be
					 liberally interpreted and applied to promote their underlying purpose of
					 protecting the public health.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 206 - RULES RELATING TO LODGING ESTABLISHMENTS › Chapter 2 - ROOMS › Section 144-206-2-A - Guest Rooms

Current through 2024-29, July 17, 2024
1 Sleeping rooms
				  and bathrooms shall provide adequate lighting and ventilation.
2 Windows and glass doors shall be kept clean
				  and properly maintained.
3 Where
				  natural ventilation only is provided, outside openings shall be adequately
				  screened.
4 In the absence of
				  windows, air conditioning and artificial lighting constitutes satisfactory
				  compliance.
5 Where it is
				  impossible to provide ventilation by means of a window in an external wall or
				  where storm windows are installed incapable of being opened, some artificial or
				  mechanical means of ventilation capable of recirculating the air in the room at
				  least six times per hour shall be provided.
6 Window coverings shall be kept clean and
				  properly maintained.
7 Sheets and
				  pillow cases, when provided, shall be clean. In no case shall sheets or pillow
				  cases, after once being used by any guest, be used for or by another guest
				  without having been thoroughly cleaned.
(Critical
				  Violation)
8 Any torn and/or
				  soiled bedding, mattresses, sheets or pillow cases shall not be used.
9 The floors, walls, and ceilings of
				  bedrooms, closets, and storage areas shall be kept clean and properly
				  maintained.
10 Furniture, fixtures,
				  carpets and other accessories shall be kept clean and properly
				  maintained.
11 All lodging
				  establishments shall be kept free of roaches, flies, vermin, and other
				  pests.
12 If cooking and multi-use
				  eating and drinking tableware are provided for use by guests, the lodging
				  establishment shall wash, rinse and sanitize the cooking and multi-use eating
				  and drinking tableware, prior to use by succeeding guests.
(Critical
				  Violation)
13 All drinking
				  glasses furnished and used by guests shall be washed and sanitized after each
				  day of occupancy. Clean glasses, not otherwise protected, shall be inverted on
				  a clean surface
. (Critical Violation
)
14 Any and all appliances provided shall be
				  properly maintained and cleaned.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 206 - RULES RELATING TO LODGING ESTABLISHMENTS › Chapter 2 - ROOMS › Section 144-206-2-B - Common Areas Associated with Sleeping Rooms

Current through 2024-29, July 17, 2024
1 Floors, walls, ceilings, windows and
				  ventilation shall be kept clean and properly maintained.
2 Furniture, fixtures, draperies, and other
				  accessories shall be clean and properly maintained
3 Exterior common areas shall be kept clean
				  and free of litter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 206 - RULES RELATING TO LODGING ESTABLISHMENTS › Chapter 2 - ROOMS › Section 144-206-2-C - Toilet and Bath Rooms

Current through 2024-29, July 17, 2024
1 Floors, walls,
				  ceilings, and all fixtures shall be smooth, durable and easily
				  cleanable.
2 Carpeting is
				  prohibited in all bath and toilet facilities.
3 An adequate supply of hand soap or
				  detergent shall be available at each lavatory.
4 Lavatory facilities shall be located within
				  or immediately adjacent to all toilet rooms or vestibules.
5 An adequate supply of sanitary paper or
				  cloth towels, or an approved hand drying device, shall be available and
				  conveniently located near the lavatory.
6 Common towels and common drinking cups are
				  prohibited.
7 Toilet facilities,
				  including the toilet room and fixtures, shall be kept clean and properly
				  maintained, free of objectionable odors and shall be adequately
				  vented.
8 A supply of toilet tissue
				  shall be provided at each toilet at all times. Easily cleanable receptacles
				  shall be provided for waste materials, and such receptacles in toilet rooms for
				  women shall be covered. Such receptacles shall be emptied at least once a day,
				  and more frequently when necessary, to prevent excessive accumulation of waste
				  material.
9 Signs requiring
				  employees to wash their hands after using the toilet shall be posted in all
				  toilet rooms open to the public and employees.
10 Toilets and associated plumbing shall be
				  installed in accordance with applicable state and local laws, ordinances, and
				  regulations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 206 - RULES RELATING TO LODGING ESTABLISHMENTS › Chapter 2 - ROOMS › Section 144-206-2-D - Employee Toilet Facilities

Current through 2024-29, July 17, 2024
1 Toilet facilities
				  shall be adequate and conveniently located, and shall be accessible to the
				  employees at all times.
2 Signs
				  requiring employees to wash their hands after using the toilet shall be posted
				  in all employee toilet rooms.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 206 - RULES RELATING TO LODGING ESTABLISHMENTS › Chapter 2 - ROOMS › Section 144-206-2-E - Guest Toilet/Bath Facilities

Current through 2024-29, July 17, 2024
1 Baths,
				  lavatories, and toilets shall be provided and conveniently located for each
				  room or unit.
2 Fixtures shall be
				  cleaned and disinfected after each check-out.
3 Rooms equipped with showers shall be
				  provided with hot and cold water under pressure.
4 During same stay occupancy, fixtures should
				  be cleaned daily and disinfected at least every three days.