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16
Department of Public Safety
2002-2003 Regulatory Agenda


16-219 - Office of State Fire Marshal
16-222 - Bureau of State Police, Games & Weapons Section
16-222 - Bureau of State Police, Traffic Division


AGENCY UMBRELLA-UNIT NUMBER: 16-219
AGENCY NAME: Office of State Fire Marshal

CONTACT PERSON: John C. Dean, State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Tel: (207) 624-8963

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

CHAPTER 1: Fee Schedule for Plans Examination
STATUTORY AUTHORITY: 25 M.R.S.A. § 2450
PURPOSE: This rule establishes fees to support construction plan reviews for permits of building construction and licensing in the following areas:
* Fee Schedule for Plans Examination
* Plans Review and Permit of Fire Sprinkler Systems
* Schedule of Fees for Plans Review and Permit of Barrier Free Construction
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: All customers who are required to submit building construction plans to the Office of State Fire Marshal for review.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Rules Establishing Criteria for Approval of Smoke Detectors
STATUTORY AUTHORITY: 25 M.R.S.A. § 2464
PURPOSE: Establishes rules for approving smoke detectors to meet statutory requirements in various occupancies. The approval process will recognize smoke detectors approved by a nationally recognized testing agency for the purpose of this rule.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: All customers who are required to meet the installation of smoke detectors for occupancy type and classification.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 3: National Fire Prevention Code
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: This National Fire Prevention Code provides a nationally recognized fire prevention code for state and municipal enforcement.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: All fire service agencies, within the State of Maine, that have enforcement requirements for life safety in structures from fire.

CHAPTER 4: Sprinkler Systems
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452; 32 M.R.S.A. §§ 1373, 1374, 1382
PURPOSE: Establishes the design, installation, operation, maintenance and all other aspects of sprinkler protection for occupancies with sprinkler system fire protection measures and references National Fire Protection Association and State of Maine standards.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: All occupancies requiring the protection measures of water based sprinkler system fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 5: Portable Fire Extinguishers
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes the rules for the installation and maintenance of portable fire extinguishers.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: All occupancies requiring protective measures utilizing portable fire extinguishers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 6: Fire Extinguishing Systems
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452; 32 M.R.S.A. § 1382
PURPOSE: Establishes rules and regulations for the installation, operation, maintenance and all other aspects of fire protection systems for occupancies that require such fire protection measures.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all occupancies that require or utilize fire extinguishing systems for fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 7: Dry Cleaning Plants
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation, maintenance and fire protection for these occupancies.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities of this occupancy classification
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 8: Spray Applications
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation, maintenance and fire protection of these processes in occupancies.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all occupancies requiring or utilizing this type of activity and fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 9: Dip Tanks
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, maintenance and fire protection of these processes in occupancies.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all occupancies requiring or utilizing this type of activity and fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 10: Stationary Combustion Engines and Gas Turbines
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation, maintenance and fire protection of these types of engines and generators.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all occupancies that utilize or require the use of this type of equipment and subsequent fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 11: Bulk Oxygen Systems
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities and occupancies utilizing these types of systems and requiring appropriate fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 12: Hydrogen Systems
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities and occupancies utilizing these types of systems and requiring appropriate fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 13: Welding, Cutting and Allied Processes and Acetylene Cylinder Charging Plants
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities and occupancies utilizing these types of activities and requiring appropriate fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 14: National Fuel Gas Code
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities and occupancies that utilize these types of systems and requiring appropriate fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 15: Fire Protection Rules for Medical Facilities and Equipment
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: This chapter contains specific information, regulations and minimum requirements relating to: inhalation anesthetics, respiratory therapy, laboratories in health related institutions, hyperbolic facilities, nonflammable medical gas systems, and inhalation anesthetics in ambulatory care facilities.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or occupancies that utilize the types of activities covered in this chapter.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 16: Storage and Handling of Liquid Petroleum Gases
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452, 2482
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities and occupancies that utilize these types of systems and requiring appropriate fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 17: National Fire Alarm Code
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, operation and maintenance of fire alarm systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or occupancies that require the installation and use of a fire alarm system for occupant and fire department notification in the event of fire.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 18: Lighting Protection Code
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for circumstances requiring lightning protection measures.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or occupancies that require measures to be taken for lightning protection.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 19: Vapor Removal from Cooking Equipment
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for circumstances requiring this equipment installation.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or occupancies that utilize this type of equipment and require the appropriate fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 20: Code for Safety and Life from Fire in Buildings and Structures
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the protection of life and property from fire.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or occupancies that require protective measures to be taken to protect life and property from fire.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 21: Tents, Grandstands, Air Supported Structures for Places of Assembly
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for the design, construction and fire protection measures for these facilities.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities meeting this occupancy use and the appropriate life safety and fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 22: Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452, 2465
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or occupancies that utilize the features of chimneys, fireplaces or vents and the subsequent fire protection measures associated with these features.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 23: Purged and Pressurized Enclosures for Electrical Equipment
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452
PURPOSE: Establishes rules and regulations for circumstances where this type of facility requires protective measures from fire.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or occupancies that utilize or meet the requirements of the subject matter contained in this chapter for fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 24: Fire Safety Technician Training and Certification Program
STATUTORY AUTHORITY: 22 M.R.S.A. § 8304-A
PURPOSE: This rule establishes the criteria that must be met to achieve the certification of Fire Safety Technician. Components include: Life Safety Code training, basic inspection techniques, documentation procedures and an overview of the Department of Human Services rules.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Individuals involved in obtaining Fire Safety Technician Certification.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 25: Rules for the Display of Fireworks
STATUTORY AUTHORITY: 8 M.R.S.A. § 236
PURPOSE: Establishes the rules and regulations for the construction, handling, storage, transport and use of fireworks.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all persons who are involved in all aspects of the display of fireworks.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 26: Standard for the Use of Pyrotechnic before a Proximate Audience
STATUTORY AUTHORITY: 8 M.R.S.A. § 236
PURPOSE: Establishes rules and regulations for the use of pyrotechnic and flame based activities before a proximate audience.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all persons, organizations, companies or activities that utilize the activities associated with flame or pyrotechnics before a proximate audience.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 27: Rules Governing Tents and Equipment of Circuses and Amusements
STATUTORY AUTHORITY: 8 M.R.S.A. § 502
PURPOSE: Establishes rules and regulations for the design, operation, maintenance and fire protection measures of such facilities or activities.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all amusement shows and circuses
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 28: Rules Governing Operations of Amusement Devices and Midways
STATUTORY AUTHORITY: 8 M.R.S.A. § 502
PURPOSE: Establishes rules and regulations for the condition and operation of such facilities and activities for life safety purposes.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all operators of amusement devices and midways
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 29: Rules and Regulations Relating to Structures Used by the Public as Spectators During Motor Vehicle Racing
STATUTORY AUTHORITY: 8 M.R.S.A. § 502
PURPOSE: Establishes rules and regulations relating to structures used to accommodate and protect spectators during motor vehicle racing. This chapter further assures the safe and proper construction and maintenance of grandstands, bleachers, stadiums, arenas, safety barriers and the surface upon which they are placed.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities or activities that utilize structures for use by spectators at motor vehicle racing.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 30: Adjudicatory and Licensing Proceedings
STATUTORY AUTHORITY: 5 M.R.S.A. § 8051
PURPOSE: Establishes rules and regulations for the administration of the ad judicatory process for licensing procedures.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all persons or parties who are involved in a licensing process within the scope of activities carried out by the Office of State Fire Marshal
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 31: Rules for the Manufacture, Transportation, Storage and Use of Explosive Materials
STATUTORY AUTHORITY: 25 M.R.S.A. § 2472
PURPOSE: Establishes rules and regulations for the safeguarding of persons through the manufacture, transportation, storage, sale and use of explosive materials.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all persons, organizations, companies or entities who are involved in the manufacture, transportation, sale, storage or use of explosive material.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 32: Standard for the Protection of Storage
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452, 2465, 2472, 2482; 8 M.R.S.A. § 236;
32 M.R.S.A. § 1382
PURPOSE: Establishes rules and regulations associated with general storage and the associated fire protection measures.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities and occupancies that utilize storage that meets the requirements of this chapter and the associated fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 33: Standard for the Storage of Rubber Tires
STATUTORY AUTHORITY: 25 M.R.S.A. § 2452; 32 M.R.S.A. § 1382
PURPOSE: Establishes the rules and regulations associated with the storage of rubber tires and the associated fire protection measures.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all facilities and occupancies that utilize the storage of rubber tires that meets the requirements of this chapter and the associated fire protection measures.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 34: Rules Relating to Flammable and Combustible Liquids
STATUTORY AUTHORITY: 25 M.R.S.A. § 2482
PURPOSE: Establishes rules and regulations for the transporting, storage, handling or use of flammable or combustible liquids and the associated fire protection measures.
ANTICIPATED SCHEDULE: Prior to October 1, 2003
AFFECTED PARTIES: Any and all persons, firms, corporations, co partnerships, voluntary associations and governmental agencies, except federal; that transport, store, handle or use these materials.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


16-222
Bureau of State Police

----------

Special Investigations
Gaming & Weapons Section

CONTACT PERSON: Barry Hathaway, 164 State House Station, Augusta, ME 04333. Tel.: 624-8784

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2002 - 2003 RULEMAKING ACTIVITY:

CHAPTER 2: Rules and Regulations Relating to Games of Chance
STATUTORY AUTHORITY: 17 M.R.S.A § 343
PURPOSE: This rule would require the rules of play of a game of chance to be posted at that game of chance.
ANTICIPATED SCHEDULE: Summer 2003
AFFECTED PARTIES: Approximately 400 licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Rules and Regulations Relating to Games of Chance
STATUTORY AUTHORITY: 17 M.R.S.A § 343
PURPOSE: This rule would require a new (never licensed before) organization to file their application 90 days prior to the first desired date to operate a game of chance.
ANTICIPATED SCHEDULE: Summer 2003
AFFECTED PARTIES: Approximately 12 - 48 new organizations
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 3: Rules and Regulations Relating of Beano
STATUTORY AUTHORITY: 17 M.R.S.A. § 317
PURPOSE : This rule would require a new (never licensed before) organization to file their application 90 days prior to the first desired date to operate beano.
ANTICIPATED SCHEDULE: Summer 2003
AFFECTED PARTIES: Approximately 12 - 48 new organizations
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Rules and Regulations Relating to Games of Chance
STATUTORY AUTHORITY: 17 M.R.S.A. § 343
PURPOSE: Update rules to ensure consistency with statutory language; clarify and simplify language of rules.
ANTICIPATED SCHEDULE: Winter 2002-Spring 2003
AFFECTED PARTIES: Approximately 400 licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 3: Rules and Regulations Relating of Beano
STATUTORY AUTHORITY: 17 M.R.S.A. § 317
PURPOSE: Update rules to ensure consistency with statutory language; clarify and simplify language of rules.
ANTICIPATED SCHEDULE: Winter 2002-Spring 2003
AFFECTED PARTIES: Approximately 400 licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

----------

Traffic Division

CONTACT PERSONS: Sgt. Jan Stetson Reynolds, 20 State House Station, Augusta, Maine 04333. Tel: 207-624-8939 for Chapters 1 and 12. John Fraser, 20 State House Station, Augusta, Maine 043333. Tel: 207-624-8939 for Chapters 4 and 6

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

CHAPTER 1: Motor Vehicle Inspection Manual
STATUTORY AUTHORITY: 29-A Maine Revised Statutes Annotated §1769
PURPOSE: This rule contains the standards for motor vehicle safety inspections for Maine vehicles and the administrative rules for the safety inspection program.
ANTICIPATED SCHEDULE: By September 2003
AFFECTED PARTIES: All inspection station licensees, certified inspection mechanics, owners of modified show cars and other vehicles registered in the state of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 4: These rules adopt by reference the regulations governing the safe operation of motor carriers as found in 49 Code of Federal Regulations, Parts 40, 382, 390, 391, 392, 393, 395, 396, and Appendices to Subchapter B.
STATUTORY AUTHORITY: 29-A Maine Revised Statutes Annotated § 555
PURPOSE: These rules prescribe the requirements of the Bureau of Maine State Police governing the safety requirements for motor carriers in commerce. These rules are adopted to establish comprehensive regulations for motor carriers, drivers, and vehicles transporting property or passengers in this state. They are established in order to protect the general motoring public, while being consistent with the regulations issued by the United States Department of Transportation. These rules apply to all common, contract, and private carriers transporting passengers or property. These rules apply to commercial motor vehicles as defined in Title 49, Code of Federal Regulations Part 390.5.
ANTICIPATED SCHEDULE: January 2003
AFFECTED PARTIES: Motor Carriers operating vehicles greater than 10,000 lbs. gross vehicle weight rating in commerce.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 6: These rules adopt by reference the regulations governing the transportation of hazardous materials as found in 49 Code of Federal Regulations, Parts 107, 171, 172, 173, 174, 177, 178, 179, and 180 as revised as of October 1, 2000 and 49 Code of Federal Regulations, Parts 387 and 397 as revised as of February, 2001.
STATUTORY AUTHORITY: 25 Maine Revised Statutes Annotated § 2103-A
PURPOSE: These rules prescribe the requirements of the Maine Department of Public Safety governing the transportation of hazardous materials in commerce. The rules are adopted to establish comprehensive regulation of the shipping, packaging, marking, labeling, placarding, handling, and transportation of hazardous materials. They are established in order to protect the general public, their lives and their property in a manner consistent with the regulations issued by the United States Department of Transportation. The rules apply to all common, contract, and private carriers and shippers of hazardous materials being transported in commerce.
ANTICIPATED SCHEDULE: January 2003.
AFFECTED PARTIES: Motor Carriers transporting hazardous materials in commerce.
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated.

CHAPTER 12: After-Market Window Tinting
STATUTORY AUTHORITY: 29-A Maine Revised Statutes Annotated §1916
PURPOSE: This rule governs the installation or application of after-market window tinting to motor vehicles and provides the administrative rules for the issuance of window tint certificates.
ANTICIPATED SCHEDULE: By September, 2003.
AFFECTED PARTIES: Installers of after-market window tinting material.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


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