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16
Department of Public Safety
2003-2004 Regulatory Agenda


16-163 - Bureau of Emergency Medical Services
16-219 - Office of State Fire Marshal
16-222 - Bureau of State Police
16-227 - Maine Criminal Justice Academy


AGENCY UMBRELLA UNIT: 16-163
AGENCY NAME: Department of Public Safety, Bureau of Emergency Medical Services (EMS)

CONTACT PERSON: Jay Bradshaw, Director, 152 State House Station, Augusta, Maine 04333-0152, Tel: (207) 287-3953

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 1: Mission and Goals of the Maine EMS System
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To ensure that the mission and goals of Maine EMS and the Maine EMS System are consistent with applicable statutes and system philosophy.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 2: Definitions
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To ensure consistency with and provide clarification to all Chapters of the Maine EMS rules.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 3: Ground Ambulance Service and Non-Transporting Service Licenses
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To amend the approval process for EMS service licenses; adopt rules regarding online licensing and administrative functions; adopt and/or amend requirements pertaining to Quality Assurance/Quality Improvement; adopt or amend rules pertaining to the operations of a licensed EMS service; and amend or clarify rules regarding the process and fees associated with the issuance of new and renewal EMS service licenses.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 4: Air Ambulance Service Licenses
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To amend rules pertaining to air ambulance services; adopt and/or amend requirements pertaining to Quality Assurance/Quality Improvement for air ambulance licensees; adopt rules regarding online licensing and administrative functions; adopt or amend rules pertaining to the operations of a licensed EMS air ambulance service; and amend or clarify rules regarding the process and fees associated with the issuance of new and renewal air ambulance service licenses.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 5: Personnel Licenses
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To amend requirements for obtaining and maintaining an individual EMS license; amend rules regarding licensing for individuals with previous criminal or professional-license action records; adopt rules regarding online licensing and administrative functions; change requirements regarding medical control of EMS licensees; adopt and/or amend requirements pertaining to Quality Assurance/Quality Improvement for EMS licensees; amend, adopt or clarify rules regarding the process and fees associated with the issuance of new and renewal individual EMS licenses; adopt or amend rules pertaining to the scope of practice of a licensed EMS provider; and adopt or amend rules regarding the practice of EMS patient care in non traditional settings.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 6: Advanced Life Support Drugs and Medications
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To amend rules regarding the acquisition, storage, use, disposal and accountability of medications used by EMS providers and licensed services.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 7: State Licensure Examinations
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To amend and clarify rules regarding EMS license examinations consistent with system needs and philosophy.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 8: Training Courses and Continuing Education Programs Used for Licensure
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding the delivery of EMS education.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 9: Instructor Coordinator Certification
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding EMS instructor certification.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 10: Reciprocity
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding requirements for reciprocal licensing of EMS providers or services.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 11: Standards and Procedures for Refusing to Issue or Renew a License and for Modifying, Suspending or Revoking a License
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt, amend and clarify rules regarding the standards and procedures for refusing to issue, or renew, a license, and for modifying, suspending, or revoking a license.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 12: Procedures for Licensing Actions and Board Actions
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules in accordance with Legislative changes made to Maine statute and to ensure consistency with applicable Maine statute.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 13: Waiver of Rules
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding waiver by the Board of EMS of any rule.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 14: Sexual Misconduct
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding sexual misconduct by EMS licensees.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 15: Maine EMS Regions and Regional Councils
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding EMS regions and regional councils.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 16: Death Benefits for Emergency Medical Services Persons Who Die in the Line of Duty
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding death benefits for emergency medical services persons, pursuant to 25 MRSA, Chapter 195-A
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.

CHAPTER 17: Equipment Lists for Maine EMS Services and Regional EMS Radio Frequencies
STATUTORY AUTHORITY: 32 MRSA Chapter 2-B §84.1
PURPOSE: To adopt or amend rules regarding minimum equipment requirements for EMS services and regional EMS radio frequencies.
SCHEDULE FOR ADOPTION: Prior to October 1, 2004
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=280) and licensed EMS personnel (n=4999).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, State regional and local EMS administrators and an ad hoc rules committee appointed by the Board of EMS and representative of the EMS system.


AGENCY UMBRELLA-UNIT NUMBER: 16-219
AGENCY NAME: Department of Public Safety, Office of State Fire Marshal
STATE FIRE MARSHAL: John C. Dean, State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Tel: (207) 624-8964

AGENCY CONTACT: Richard E. Taylor, Planning and Research, Office of the Fire Marshal
52 State House Station, Augusta, ME 04333-0052. Tel: (207) 624-8964

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA:

CHAPTER 20: Code For Safety And Life From Fire In Buildings and Structures
STATUTORY AUTHORITY: 25 MRSA § 2452
PURPOSE: Establishes rules and regulations for the protection of life and property from fire where the use of pyrotechnic displays are involved. This was in response to the tragedy in Rhode Island.
AFFECTED PARTIES: Any and all facilities or occupancies that require protective measures to be taken to protect life and property from fire.

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 1: Fee Schedule for Plans Examination
STATUTORY AUTHORITY: 25 MRSA § 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, 2004
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 MRSA § 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, 2004
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 MRSA § 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, 2004
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 MRSA § 2452; 32 MRSA § 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, 2004
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 MRSA § 2452
PURPOSE: Establishes the rules for the installation and maintenance of portable fire extinguishers.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452; 32 MRSA § 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, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation, maintenance and fire protection for these occupancies.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
AFFECTED PARTIES: Any and all facilities of this occupancy classification
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 8: Spray Applications
STATUTORY AUTHORITY: 25 MRSA § 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, 2004
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 MRSA § 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, 2004
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 MRSA § 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, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 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, 2004
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 MRSA § 2452, 2482
PURPOSE: Establishes rules and regulations for the design, construction, operation and maintenance of these systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the design, operation and maintenance of fire alarm systems.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for circumstances requiring lightning protection measures.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for circumstances requiring this equipment installation.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the protection of life and property from fire.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for the design, construction and fire protection measures for these facilities.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452, 2465
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452
PURPOSE: Establishes rules and regulations for circumstances where this type of facility requires protective measures from fire.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 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, 2004
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 MRSA § 236
PURPOSE: Establishes the rules and regulations for the construction, handling, storage, transport and use of fireworks.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 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, 2004
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 MRSA § 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, 2004
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 MRSA § 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, 2004
AFFECTED PARTIES: Any and all operators of amusement devices and midways
CONSENSUS-BASED RULE DEVELOPMENT: The Office of the Fire Marshal is researching ASTM standards for guidance in regulating amusement park rides and devices. As part of this process the Fire Marshal is planning to contact affected parties for comment in developing this standard.

CHAPTER 29: Rules and Regulations Relating to Structures Used by the Public as Spectators During Motor Vehicle Racing
STATUTORY AUTHORITY: 8 MRSA § 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, 2004
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 MRSA § 8051
PURPOSE: Establishes rules and regulations for the administration of the ad judicatory process for licensing procedures.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 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, 2004
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 MRSA § 2452, 2465, 2472, 2482; 8 MRSA § 236; 32 MRSA § 1382
PURPOSE: Establishes rules and regulations associated with general storage and the associated fire protection measures.
ANTICIPATED SCHEDULE: Prior to October 1, 2004
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 MRSA § 2452; 32 MRSA § 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, 2004
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 MRSA § 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, 2004
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


AGENCY UMBRELLA-UNIT NUMBER: 16-222
AGENCY NAME: Department of Public Safety, Bureau of State Police

CONTACT PERSONS:
Gretchen Hicks, Bureau of State Police, 26 Hospital St., Augusta, ME 04333. E-mail: Gretchen.D.Hicks@maine.gov
Or
Sgt. William Harwood, Bureau of State Police, 26 Hospital St., Augusta, ME 04333. E-mail: Bill.S.Harwood@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST AGENDA: n/a

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

CHAPTER 20: Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
STATUTORY OR OTHER BASIS: 25 MRSA §2915, sub-§1
PURPOSE OF THE RULE: This rule will re-define the contents of the uniform sexual assault evidence collection kit used for forensic evidence collection in alleged cases of gross sexual assault. The rule will list the contents of the kit, include instructions for administering the kit, and will include a checklist for examiners to follow and enclose with the completed kit.
SCHEDULE FOR ADOPTION: late summer/early fall 2004
LISTING OF AFFECTED PARTIES: alleged victims of gross sexual assault, licensed hospitals/medical facilities/licensed health care practitioners, state and local police agencies
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: This rule will be developed in conjunction with members of the Sexual Assault Forensic Examiner Program Advisory Board and other interested parties from the Maine Coalition Against Sexual Assault and related agencies.

Special Investigations
Gaming & Weapons Section

CONTACT PERSONS, ADDRESS, PHONE:
Sgt. Barry Hathaway, 164 State House Station, Augusta, Maine 04333. 624-8784.
Or
Lt. John Dyer, 164 State House Station, Augusta, Maine 04333. 624-8731

LIST OF EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2003 - 2004 RULE MAKING ACTIVITY:

CHAPTER 3: Rules and Regulations Relating to Beano
STATUTORY AUTHORITY: 17 MRSA § 317
PURPOSE: This rule would allow the leasing of Electronic Beano Equipment
AFFECTED PARTIES: Equipment distributors, beano licensees, commercial hall permittees,
and beano players

Traffic Division

CONTACT PERSON: Lt. Christopher Grotton, #20 State House Station, Augusta Maine 04333. Tel: 624-8939

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA:

CHAPTER 4: Motor Carrier Safety Rules effective 1-22-2003.
Chapter 4 §4 A(1) is amended, beginning on the effective date of this emergency rule through December 26, 2000 by adding Chapter 4 §4 A(1)(b) and Chapter 4 §4 A(1)(c) which read:
Notwithstanding Chapter 4 §4 A(1)(a) the requirement of Part 395.3 (b) (1) ( hours of service) as it applies to electrical utility motor carriers operating intrastate is amended to read: " (b) (1) Having been on duty <strike>60</strike> <u>80</u> hours in 7 consecutive days."
Notwithstanding Chapter 4 §4 A(1)(a) the requirement of Part 395.3 (a) (1) (hours of service) as it applies to electrical utility motor carriers operating intrastate is amended to read: "(a) (1) More than <strike>10</strike> <u>12</u> hours following 8 consecutive hours off duty;"
BASIS STATEMENT: Due to the recent sustained cold and a forecast for more of the same, Maine is experiencing a 30% increase in degree-days from last year, thus usage of home heating fuels is up. The outlook for at least the next 15 days is below average cold. Bangor International Airport has requested that deliveries of jet fuel be tripled immediately for National defense purposes. Heavy snowfall in the southern and coastal portions of the state have made it very time consuming for delivery drivers to get to tanks for home deliveries. The State continues to experience an extreme shortage of qualified drivers particularly in the petroleum products field. Warm weather of the past three winters has caused a lack of demand for seasonal and temporary drivers. These temporary drivers have found work elsewhere. Increased qualification requirements and extensive training requirements further inhibits the ability of the petroleum marketers to add staff at critical times. Loading time at the racks is increased due to trucks making more trips in an effort to meet the increased demand. As a result, the Bureau of State Police is adopting an emergency rule which amends 49 CFR 395.3 (a) (1) and 49 CFR 395.3 (b) (1) as follows: The emergency rule will increase the allowable number of hours of service in Sec. 395.3 (b) (1) from 60 to 72 hours in 7 consecutive days for transport and home heating fuel delivery trucks in intrastate operations. It will extend the driving time in Sec. 395.3 (a) (1) from 10 to 12 hours driving time following 8 consecutive hours off duty for transport and home heating fuel delivery trucks in intrastate operations.
The emergency rule will increase the allowable number of hours of service in Sec. 395.3 (b) (1) from 60 to 72 hours in 7 consecutive days for transport trucks delivering jet fuel to Bangor International Airport in intrastate operations. It will extend the driving time in Sec. 395.3 (a) (1) from 10 to 12 hours driving time following 8 consecutive hours off duty for transport trucks delivering jet fuel to Bangor International Airport in intrastate operations.
SUMMARY: This emergency rule amends the motor carrier safety rules by increasing the maximum allowable hours of service for intrastate electrical utility motor carriers.
AUTHORITY: 29-A MRSA Section 555

EXPECTED 2003-2004 RULEMAKING ACTIVITY:

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 MRSA § 555
PURPOSE: These rules prescribe the requirements of the Bureau of Maine State Police (hereinafter the Bureau) governing the safety requirements for motor carriers in commerce. These rules are adopted to establish comprehensive regulations for motor carriers, drivers, and vehicles transporting passengers or property 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 2004.
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 CFR Code of Federal Regulations, Parts 107, 171, 172, 173, 174, 177, 178, 179, and 180 as revised as of October 1, 2002 and Parts 387 and 397 as revised as of February, 2003.
PURPOSE: These rules prescribe the requirements of the Maine Department of Public
Safety (hereinafter the Department) 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: June 2004.
AFFECTED PARTIES: Motor Carriers transporting hazardous materials in commerce.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 1: Motor Vehicle Inspection Manual
STATUTORY AUTHORITY: 29-A MRSA § 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 2004.
AFFECTED PARTIES: All licensed inspection stations, certified inspection mechanics, owners of modified show cars and other vehicles registered in the state of Maine subject to inspection.
Consensus-Based Rule Development: This is being contemplated as part of the work of the existing motor vehicle advisory board.


UMBRELLA-UNIT NUMBER: 16-227
AGENCY NAME: Department of Public Safety, Maine Criminal Justice Academy

CONTACT PERSON: John B. Rogers, Director, Maine Criminal Justice Academy, 15 Oak Grove Road, Vassalboro, ME 04989. Tel: (207)877-8000

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2003-2004 RULE MAKING ACTIVITY:

CHAPTER 1: General Provisions
STATUTORY AUTHORITY: 25 MRSA §2801-A
PURPOSE: Makes definitions in the Academy's administrative rules consistent with state statute and clarifies exemptions to the mandatory training act.
ANTICIPATED SCHEDULE: Prior to June 30, 2004.
AFFECTED PARTIES: Law enforcement and correctional agencies (n=202)
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: none contemplated

CHAPTER 3: Entrance Standards
STATUTORY AUTHORITY: 25 MRSA §2803-A
PURPOSE: Chapter 3 will be amended to:
1. change establishes entry standards for correctional officers to attend the Basic Corrections Academy;
2. change the entry standards for part-time law enforcement officers to attend Academy programs including the submission of state and federal fingerprint cards as part of the background investigation.
3. change the entry standards for full-time law enforcement officers to attend Academy programs including submission of fingerprint cards, completion of a psychological examination and polygraph examination and an oral interview by the hiring agency or in the case of a pre-employment candidate, a sub-committee of the Board of Trustees.
ANTICIPATED SCHEDULE: Prior to June 30, 2004.
AFFECTED PARTIES: Law enforcement and correctional agencies (n=202)
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: The Maine Criminal Justice Academy will solicit input from the Maine Chiefs of Police Association, the Maine Sheriffs Association and other affected parties.

CHAPTER 5: Training Standards
STATUTORY AUTHORITY: 25 MRSA § 2801 - 2809
PURPOSE: Chapter 5 will be amended to reflect the combining of the Municipal / County Basic Police School, the State Law Enforcement Basic Program and the Maine State Police Academy into one program for all law enforcement officers.
ANTICIPATED SCHEDULE: Prior to June 30, 2004.
AFFECTED PARTIES: Law enforcement Agencies (n=172)
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 7: Certificates and Awards
STATUTORY AUTHORITY: 25 MRSA § 2803-A
PURPOSE: Chapter 6 will be amended to:
1. Reflect the combining of the Municipal / County, State Law Enforcement Basic Program and State Police Academy into one training program;
2. Reflect the changes in Board approved certifications.
ANTICIPATED SCHEDULE: Prior to June 30, 2004.
AFFECTED PARTIES: Law enforcement and correctional officers (n=3,423) and (n=1,312)
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 9: Extension And Waivers
STATUTORY AUTHORITY: 25 MRSA § 2804-C; 25 MRSA § 2804-D
PURPOSE: Chapter 9 will be amended to reflect changes in the waiver and extension process established by the Board for law enforcement and corrections officers.
ANTICIPATED SCHEDULE: Prior to June 30, 2004.
AFFECTED PARTIES: Law enforcement and correctional agencies (n=202)
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: The Maine Criminal Justice Academy will solicit input from the Maine Chiefs of Police Association, the Maine Sheriffs Association and other affected parties.

CHAPTER 11: Costs
STATUTORY AUTHORITY: 25 MRSA § 2803-A
PURPOSE: Chapter 11 will be amended to:
1. set a fee for processing applications of non-employed individuals wishing to attend the Basic Law Enforcement Training Program;
2. set a program tuition fee for non-employed individuals wishing to attend the Basic Law Enforcement Training Program;
3. set a fee for administering the physical fitness entrance examination.
4. establish a fee schedule for training and all other services provided by the Maine Criminal Justice Academy.
ANTICIPATED SCHEDULE: Prior to June 30, 2004.
AFFECTED PARTIES: All persons wishing to take the fitness entry test and those wishing to make application to the Basic Law Enforcement Training Program as individuals.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: The Maine Criminal Justice Academy will solicit input from the Maine Chiefs of Police Association, the Maine Sheriffs Association and other affected parties.


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