§2452. Life safety and property protection
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. 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. [PL 2011, c. 691, Pt. A, §25 (RPR).]
1. Effective date.
[PL 2007, c. 632, §2 (RP).]
2. Rights declared. Any person aggrieved by a rule or by an act of the commissioner in enforcing the rule may have that person's rights declared by bringing an action for declaratory judgment under Title 14, chapter 707, naming the commissioner as defendant.
[PL 1997, c. 728, §25 (AMD).]
3. Violation. A person who violates a rule issued by the commissioner under this section commits a Class E crime.
[PL 2003, c. 535, §3 (AMD).]
4. Exception. Notwithstanding chapter 314 and Title 10, chapter 1103, a recovery residence must be treated as a residence for a family if the recovery residence meets the following requirements:
A. The recovery residence must be certified based on criteria developed by a nationally recognized organization that supports persons recovering from substance use disorder; [PL 2019, c. 358, §1 (NEW).]
B. The recovery residence must have no more than 2 residents per bedroom; [PL 2019, c. 358, §1 (NEW).]
C. The recovery residence must have at least one full bathroom for every 6 residents; [PL 2019, c. 358, §1 (NEW).]
D. The recovery residence must meet the requirements of all adopted building codes and sections 2464 and 2468 applicable to a one‑family or 2‑family residence with regard to smoke detectors, carbon monoxide detectors and fire extinguishers; and [PL 2019, c. 358, §1 (NEW).]
E. If the recovery residence is located in a multiunit apartment building, the recovery residence must meet all state and local code requirements for the type of building in which the recovery residence is located. [PL 2019, c. 358, §1 (NEW).]
For the purposes of this subsection, "recovery residence" means a shared living residence for persons recovering from substance use disorder that is focused on peer support, provides to its residents an environment free of alcohol and illegal drugs and assists its residents by connecting the residents to support services or resources in the community that are available to persons recovering from substance use disorder.
[PL 2019, c. 358, §1 (NEW).]
Existing buildings licensed pursuant to Title 22, Subtitle 6 having more than 6 boarders, with the exception of board and care facilities and children's homes, must comply with any rules for residential board and care occupancies required by the Commissioner of Public Safety, except that such existing facilities of not more than 2 stories in height are not required to be fire resistive, protected or unprotected noncombustible, protected wood frame or heavy timber construction. Such existing facilities must be protected by a complete approved automatic sprinkler system and meet all other requirements of residential board and care occupancies as required by the Commissioner of Public Safety. [PL 2007, c. 82, §3 (AMD).]
Existing boarding care facilities licensed pursuant to Title 22, Subtitle 6 must comply with the applicable fire safety requirements of the Life Safety Code adopted by the Commissioner of Public Safety pursuant to Title 22, section 7856. [PL 2003, c. 535, §3 (AMD).]
Existing children's homes licensed pursuant to Title 22, Subtitle 6 must comply with the applicable fire safety requirements of the Life Safety Code of the National Fire Protection Association adopted by the Commissioner of Public Safety pursuant to Title 22, section 8103. [PL 2003, c. 535, §3 (AMD).]
SECTION HISTORY
PL 1967, c. 301 (AMD). PL 1971, c. 592, §35 (AMD). PL 1973, c. 187 (AMD). PL 1973, c. 660 (AMD). PL 1975, c. 142 (AMD). PL 1975, c. 491, §3 (AMD). PL 1975, c. 771, §266 (AMD). PL 1977, c. 78, §161 (AMD). PL 1979, c. 59, §§1,2 (AMD). PL 1985, c. 770, §17 (AMD). PL 1997, c. 728, §25 (AMD). PL 2001, c. 596, §B22 (AMD). PL 2001, c. 596, §B25 (AFF). PL 2003, c. 411, §§2,3 (AMD). PL 2003, c. 535, §3 (AMD). PL 2007, c. 82, §3 (AMD). PL 2007, c. 632, §§1, 2 (AMD). PL 2011, c. 349, §1 (AMD). PL 2011, c. 398, §1 (AMD). PL 2011, c. 691, Pt. A, §25 (AMD). PL 2019, c. 358, §1 (AMD).
Structure Maine Revised Statutes
TITLE 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS
25 §2431. Restriction of certain occupations in maritime towns (REPEALED)
25 §2432. Removal or repair of defective stoves, boilers and the like
25 §2433. Smoking restrictions (REPEALED)
25 §2434. Disposal of lighted matches, cigarettes, etc. (REPEALED)
25 §2435. Kindling fire with intent to injure another
25 §2436. Time and manner for kindling lawful fires (REPEALED)
25 §2436-A. Burning of debris (REPEALED)
25 §2437. Lumber drivers may kindle necessary fires (REPEALED)
25 §2438. Extinguishment of camp, cooking or other fires; fines (REPEALED)
25 §2439. Common law remedy preserved
25 §2440. Penalties; recovery and appropriation
25 §2441. Explosives or inflammables; rules (REPEALED)
25 §2442. Recovery of damages for explosion
25 §2443. Search for explosives (REPEALED)
25 §2444. Transportation of explosives (REPEALED)
25 §2445. Standards for installing gas appliances (REPEALED)
25 §2446. Approval of certain appliances (REPEALED)
25 §2447. Approval of certain compounds
25 §2447-A. Cellulose fiber insulation standards
25 §2447-B. Foam plastic insulation standards
25 §2448. Construction permit; when required
25 §2448-A. Municipal review of development
25 §2450. Examinations by Department of Public Safety
25 §2450-A. Surcharge on plan review fee for Uniform Building Codes and Standards Fund
25 §2451. Doors of public buildings to open outwards (REPEALED)
25 §2452. Life safety and property protection
25 §2453. Fire escapes; appeals (REPEALED)
25 §2454. -- inspections (REPEALED)
25 §2455. Notice as to sufficiency of safeguards (REPEALED)
25 §2456. Failure to comply with orders for safeguards (REPEALED)
25 §2457. Certificate of sufficiency of safeguards; compensation for inspection; return (REPEALED)
25 §2458. Certificate to be posted in building (REPEALED)
25 §2459. Town officers' refusal to perform duties (REPEALED)
25 §2461. Investigation by state factory inspector or Commissioner of Public Safety (REPEALED)
25 §2462. Plundering at fires as larceny (REPEALED)
25 §2463. Installation of sprinkler systems and smoke, heat or fire detection systems
25 §2463-A. Installation of sprinkler systems in dormitories
25 §2466. Radon standard (REPEALED)
25 §2467. Retail sale and distribution of novelty lighters prohibited