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Home > Agendas > 2008-2009 > Department of Public Safety

2008-2009 Regulatory Agendas

16
Department of Public Safety


163: Bureau of Emergency Medical Services (EMS)
219: Office of the Commissioner
219: Bureau of Capitol Security
219: Office of State Fire Marshal
221: Bureau of Highway Safety
222: Bureau of Maine State Police
227: Maine Criminal Justice Academy
230: Maine Drug Enforcement Academy
642: Technical Building Codes and Standards Board


163: Bureau of Emergency Medical Services (EMS)

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

CONTACT PERSON: Alan P. Leo, Licensing Agent, 152 State House Station, Augusta, Maine 04333-0152, Tel: (207) 626-3866

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 1: Mission and Goals of the Maine EMS System
STATUTORY AUTHORITY: 32 M.R.S.A. 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, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285), Licensed Emergency Medical Dispatch (EMD) Centers (n=40), licensed EMS personnel (n=5814), licensed Emergency Medical Dispatch personnel (n=558) and certified Instructor Coordinators (n=199)
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers and EMD Centers, regional EMS Councils, and State, regional and local EMS and EMD administrators.

CHAPTER 2: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. 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, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285), Licensed Emergency Medical Dispatch Centers (n=40), licensed EMS personnel (n=5814), and licensed Emergency Medical Dispatch personnel (n=558) and certified Instructor Coordinators (n=199).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers and EMD Centers, regional EMS Councils, State, regional and local EMS and EMD administrators, and certified Instructor Coordinators.

CHAPTER 3: Ground Ambulance Service and Non-Transporting Service Licenses
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To amend the approval and renewal 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; adopt or amend rules pertaining to run reporting; and amend or clarify rules regarding the process, terms and fees associated with the issuance of new and renewal EMS service licenses.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285) and licensed EMS personnel (n=5814).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 3-A: Emergency Medical Dispatch (EMD) Service Certification
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To amend the approval process for EMD service certification/licensing; adopt or amend rules regarding online certification/licensing and administrative functions; adopt or amend rules pertaining to Quality Assurance/Quality Improvement; adopt or amend rules pertaining to the operations of a licensed EMD service/Center; adopt or amend rules pertaining to call reporting; amend or clarify rules regarding the process, terms and fees associated with the issuance of new and renewal EMD service/center certificates/licenses; and amend or adopt rules to ensure consistency with Maine law.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: All certified/licensed EMD services/centers (n=40) and certified EMD personnel (n=558).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed EMD providers and EMD Centers, regional EMS Councils, and State regional and local EMD administrators.

CHAPTER 4: Air Ambulance Service Licenses
STATUTORY AUTHORITY: 32 M.R.S.A. 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, terms and fees associated with the issuance of new and renewal air ambulance service licenses.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285) and licensed EMS personnel (n=5814).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, and State regional and local EMS administrators.

CHAPTER 5: Personnel Licenses
STATUTORY AUTHORITY: 32 M.R.S.A. 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; amend or adopt rules concerning continuing education requirements for licensure; 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, terms 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, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285) and licensed EMS personnel (n=5814)
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 5-A: Emergency Medical Dispatcher Certification/License
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To amend requirements for obtaining and maintaining an individual Emergency Medical Dispatcher (EMD) certification/license; amend rules regarding certification/licensing for individuals with previous criminal or professional-license action records; adopt rules regarding online certification/licensure and administrative functions; amend or adopt rules regarding EMD continuing education requirements; change requirements regarding protocols and medical direction of EMD certificants/licensees; adopt and/or amend rules pertaining to Quality Assurance/Quality Improvement for EMD certificants/licensees; amend, adopt or clarify rules regarding the process, terms and fees associated with the issuance of new and renewal individual EMD certifications; adopt or amend rules pertaining to the scope of practice of a certified/licensed EMD provider; and amend or adopt rules to ensure consistency with Maine law.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: All certified/licensed EMD services/centers (n=40) and certified/licensed EMD personnel (n=558).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed EMD providers and EMD Centers, regional EMS Councils, and State regional and local EMD administrators.

CHAPTER 6: Advanced Life Support Drugs and Medications
STATUTORY AUTHORITY: 32 M.R.S.A. 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, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285) and licensed EMS personnel (n=5814).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 7: State Licensure Examinations
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To amend and clarify rules regarding EMS and EMD license examinations and evaluations consistent with Maine EMS law, system needs and philosophy.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285), Licensed Emergency medical dispatch centers (n=40), licensed EMS personnel (n=5814), and licensed Emergency Medical Dispatch personnel (n=558).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 8: Training Courses and Continuing Education Programs Used for Licensure
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To adopt or amend rules regarding the delivery of EMS education; amend or adopt rules regarding education and training standards; and adopt or amend rules regarding EMS continuing education.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285), licensed EMS personnel (n=5814) and certified Instructor Coordinators (n=199)
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 9: Instructor Coordinator Certification
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To adopt or amend rules regarding EMS instructor certification.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Certified Instructor Coordinators (n=199), Licensed EMS services (n=285) and licensed EMS personnel (n=5814).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from certified Instructor Coordinators, licensed providers and services, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 9-A: Emergency Medical Dispatch Training, Instructors and Continuing Education Programs
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To adopt or amend rules regarding Emergency Medical Dispatcher Training, Instructors and continuing education programs.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: All certified EMD services (n=40) and certified EMD personnel (n=558).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed EMD providers and EMD Centers, regional EMS Councils, and State, regional and local EMD administrators.

CHAPTER 10: Reciprocity
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To adopt or amend rules regarding requirements for reciprocal licensing of EMS providers, EMS services, EMD providers and EMD Centers.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285), Licensed Emergency Medical Dispatch Centers (n=40), licensed EMS personnel (n=5814), and licensed Emergency Medical Dispatch personnel (n=558).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 11: Standards and Procedures for Refusing to Issue or Renew a License and for Modifying, Suspending or Revoking a License
STATUTORY AUTHORITY: 32 M.R.S.A. 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 or certification.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=285), EMD services (n=40), licensed EMS personnel (n=5814), licensed EMD personnel (n=558) and certified Instructor Coordinators (n=199).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, State, regional and local EMS and EMD administrators, and certified Instructor Coordinators.

CHAPTER 12: Procedures for Licensing Actions and Board Actions
STATUTORY AUTHORITY: 32 M.R.S.A. 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, 2009
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=285), certified EMD services/center (n=40), licensed EMS personnel (n=5814) and licensed EMD personnel (n=558).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, State, regional and local EMS and EMD administrators and certified Instructor Coordinators.

CHAPTER 13: Waiver of Rules
STATUTORY AUTHORITY: 32 M.R.S.A. 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, 2009
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=285), certified EMD services/centers (n=40), licensed EMS personnel (n=5814) licensed EMD personnel (n=558) and certified Instructor Coordinators (n=199).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, State, regional and local EMS and EMD administrators and certified Instructor Coordinators.

CHAPTER 14: Sexual Misconduct
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To adopt or amend rules regarding sexual misconduct by EMS licensees and certificates
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: All current licensed EMS services (n=285), certified EMD services (n=40), licensed EMS personnel (n=5814), certified EMD providers (n=558) and certified Instructor Coordinators (n=199).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, State, regional and local EMS and EMD administrators and certified Instructor Coordinators.

CHAPTER 15: Maine EMS Regions and Regional Councils
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To adopt or amend rules regarding: the number of EMS regions and regional councils; the structure, designation, area and responsibilities of EMS regions and regional councils; service affiliation with regions and regional councils; and, Medical Control and regional medical direction and regional medical directors.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285), Licensed Emergency Medical Dispatch Centers (n=40), licensed EMS personnel (n=5814), licensed Emergency Medical Dispatch personnel (n=558) and certified Instructor Coordinators (n=199).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, State, regional and local EMS and EMD administrators and certified Instructor Coordinators.

CHAPTER 16: Death Benefits for Emergency Medical Services Persons Who Die in the Line of Duty
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: To adopt or amend rules regarding death benefits for emergency medical services persons, pursuant to 25 M.R.S.A., Chapter 195-A
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285) and licensed EMS personnel (n=5814)
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, regional EMS Councils, and State, regional and local EMS administrators.

CHAPTER 17: Equipment Lists for Maine EMS Services and Regional EMS Radio Frequencies
STATUTORY AUTHORITY: 32 M.R.S.A. 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, 2009
LISTING OF AFFECTED PARTIES: Licensed EMS services (n=285), Licensed Emergency Medical Dispatch centers (n=40), licensed EMS personnel (n=5814), and licensed Emergency Medical Dispatch personnel (n=558).
CONSENSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers and services, licensed EMD providers, EMD Centers, regional EMS Councils, and State regional and local EMS administrators.




219: Office of the Commissioner

AGENCY UMBRELLA-UNIT NUMBER: 16-219
AGENCY NAME: Maine Department of Public Safety, Office of the Commissioner

CONTACT PERSON: Commissioner Anne H. Jordan, 104 State House Station, Augusta, Maine 04333-0104. Telephone: (207) 626-3800. E-mail: anne.h.jordan@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None.

ANTICIPATED 2008-2009 RULEMAKING ACTIVITY:

CHAPTER 51, POLYGRAPH EXAMINER LICENSING RULES
STATUTORY AUTHORITY: 32 MRSA 7168
PURPOSE: To ensure for the effective administration of 32 MRSA c.85.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009.
AFFECTED PARTIES: Persons licensed, and persons applying to be licensed, to administer polygraph examinations in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

CHAPTER NUMBER AND NAME: TO BE DETERMINED
STATUTORY AUTHORITY: PL 2007, c. 670, 15
PURPOSE: To implement the provisions of 15 MRSA 393, sub-2 (as amended by PL 2007, c.670, 7), 15 MRSA 393, sub-3 (as amended by PL 2007, c.194, 4) 15 MRSA 393, sub-4 (as amended by PL 2007, c.670, 8), and 15 MRSA 393, sub-4-A (as enacted by PL 2007, c.670, 9).
SCHEDULE FOR ADOPTION: Prior to October 1, 2009.
AFFECTED PARTIES: Persons prohibited from owning or possessing a firearm pursuant to 15 MRSA 393, as amended by PL 2007, c.670.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.




219: Bureau of Capitol Security

AGENCY UMBRELLA UNIT: 16-219
AGENCY NAME: Bureau of Capitol Security

CONTACT PERSON: Russell J. Gauvin, 68 State House Station, Augusta, Maine 04333-0068; Telephone: (207) 287-4357. E-mail: Russell.J.Gauvin@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None.

ANTICIPATED 2008-2009 RULEMAKING ACTIVITY:

CHAPTER 41: Capitol Area Security Rules
STATUTORY AUTHORITY: 25 MRSA 2904
PURPOSE: To ensure for the security regarding use and occupancy of all parks, grounds, buildings and appurtenances maintained by the State at the Capitol Area or other state-controlled locations in Augusta.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: All Persons using or wishing to use the State properties in Augusta, ME CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

CHAPTER 42: Rules Relating to Parking on State Property
STATUTORY AUTHORITY: 25 MRSA 2906
PURPOSE: To ensure for the proper use of public ways and parking areas maintained by the State at the Capitol Area or other state controlled locations in Augusta.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: All Persons driving on public ways or parking in parking areas on the State properties in Augusta, ME
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.




219: Bureau of State Fire Marshal

AGENCY UMBRELLA-UNIT NUMBER: 16-219
AGENCY NAME: DEPARTMENT OF PUBLIC SAFETY, OFFICE OF STATE FIRE MARSHAL

CONTACT PERSON: JOHN C. DEAN, STATE FIRE MARSHAL, 52 STATE HOUSE STATION, AUGUSTA, ME 04333-0052. Tel: (207) 626-3870

RULE-MAKING LIAISON AND SMALL BUSINESS IMPACT CONTACT: Richard E. Taylor, Sr. Research & Planning Analyst, Office of the Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Tel: (207) 626-3873

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2008-2009 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, 2009
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, 2009
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, 2009
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, 2009
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.
ANTICIIPATED SCHEDULE: Prior to October 1, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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 AND HYRDOGEN 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, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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 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, 2009
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, 2009
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, 2009
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 APPLICANCES
STATUTORY AUTHORITY: 25 M.R.S.A. 2452, 2465
ANTICIPATED SCHEDULE: Prior to October 1, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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, 2009
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 adjudicatory process for licensing procedures.
ANTICIPATED SCHEDULE: Prior to October 1, 2009
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, 2009
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 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, 2009
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




221: Bureau of Highway Safety

AGENCY UMBRELLA UNIT: 16-221
AGENCY NAME: Bureau of Highway Safety

CONTACT PERSON: Lauren V. Stewart, Director, 164 State House Station, Augusta, ME 04333. Tel: (207) 626-3840.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2008-2009 RULE-MAKING ACTIVITY: None




222: Bureau of the Maine State Police

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

CONTACT PERSON: Christopher Parr, 45 Commerce Dr., Suite 1, 42 State House Station, Augusta, Maine 04333-0042. Telephone: (207) 624-7200. E-mail: christopher.parr@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None.

ANTICIPATED 2008-2009 RULEMAKING ACTIVITY:

CHAPTER 1: MOTOR VEHICLE INSPECTION MANUAL
STATUTORY AUTHORITY: 29-A M.R.S.A. 1769
PURPOSE: To ensure the effective administration and enforcement of 29-A MRSA 1751 et seq.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: All motor vehicle inspectors, motor vehicle inspection stations, and motor vehicle operators in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

CHAPTER 4: MOTOR CARRIER SAFETY REGULATIONS
STATUTORY AUTHORITY: 29-A M.R.S.A. 555
PURPOSE: To adopt by reference, with possible State amendments, regulations governing the safe operation of motor carriers.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: All common, contract, and private motor carriers that transport passengers or property.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

CHAPTER 6: HAZARDOUS MATERIALS REGULATIONS
STATUTORY AUTHORITY: 25 M.R.S.A. 2103-A
PURPOSE: To adopt by reference federal regulations governing the safe transportation of hazardous materials.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: All common, contract, and private motor carriers that transport hazardous materials.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

CHAPTER 14: RULES RELATING TO THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT OF 1999 (SORNA)
STATUTORY AUTHORITY: 34-A MRSA 11204
PURPOSE: To ensure for the effective administration of 34-A MRSA c. 15.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: All persons subject to registration pursuant to the SORNA.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

CHAPTER 20: UNIFORM STANDARDIZED FORENSIC EXAMINATION KIT FOR GROSS SEXUAL ASSAULT EVIDENCE COLLECTION
STATUTORY AUTHORITY: 25 MRSA 2915
PURPOSES: The rule defines the contents of the uniform sexual assault evidence collection kit that is used for forensic evidence collection in alleged cases of gross sexual assault. The rule also lists the contents of the kit, includes instructions for administering the kit, and includes a checklist for examiners to follow and enclose with the completed kit.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: Alleged victims of gross sexual assault, licensed hospitals/medical facilities/licensed health care practitioners, state and local police agencies.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.




227: Maine Criminal Justice Academy

AGENCY UMBRELLA UNIT: 16-227
AGENCY NAME: Maine Criminal Justice Academy (MCJA)

CONTACT PERSON: John B. Rogers, Director, 15 Oak Grove Road, Vassalboro, Maine 04989, Tel: (207) 877-8011.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 5 Training Standards.
PURPOSE: To amend changes in Chapter 5 that reflects statutory changes and MCJA Board of Trustee Specification changes as it relates to training standards.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009.
AFFECTED PARTIES: Maine Law Enforcement and Corrections agencies.
CONSENSUS-BASED RULE DEVELOPMENT: None anticipated.




230: Maine Drug Enforcement Agency

AGENCY UMBRELLA UNIT NUMBER: 16-230
AGENCY NAME: Maine Drug Enforcement Agency

CONTACT PERSON: Roy E. McKinney, 166 State House Station, Augusta, ME 04333-0166: Telephone: (207) 626-3852, E-mail: roy.e.mckinney@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE MAKING ACTIVITY:

CHAPTER 1: Requirements for Written Prescriptions of Schedule II Drugs
STATUTORY AUTHORITY: 32 M.R.S.A. 13786-A
PURPOSE: To amend and clarify the rules regarding security requirements for all written prescriptions for drugs classified as schedule II drugs under the federal Controlled Substances Act and Code of Federal Regulations.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: All health care providers licensed to prescribe any schedule II drug and pharmacists.
CONSNSUS-BASED RULE DEVELOPMENT: Rule development is accomplished through direct input from licensed providers, Board of Osteopathic Licensure, the Board of Licensure in Medicine and the Board of Pharmacy.




642: Technical Building Codes and Standards Board

AGENCY UMBRELLA UNIT: 16-642
AGENCY NAME: Technical Building Codes and Standards Board

CONTACT PERSON: Commissioner Anne H. Jordan, 104 State House Station, Augusta, Maine 04333. Telephone: (207) 626-3800. E-mail: Anne.h.jordan@maine.gov

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None.

ANTICIPATED 2008-2009 RULEMAKING ACTIVITY:

CHAPTER NUMBER: Not yet known
STATUTORY AUTHORITY: 10 MRSA 9722
PURPOSE: To adopt rules in accordance with the Maine Administrative Procedures Act as necessary for the newly enacted Technical Building Codes and Standards Board. To adopt, amend and maintain the Maine Uniform Building and Energy Code and to adopt rules for the review and adoption of amendments to the Maine Uniform Building and Energy Code.
SCHEDULE FOR ADOPTION: Prior to October 1, 2009
AFFECTED PARTIES: Building Industry, Fire Departments, architects, structural engineers, historic preservation interests energy experts, lumber materials and design officials.

Please note: The requirements to establish the Board and then adopt rules are all set forth in the newly enacted PL 699, not effective until July 18, 2008. Board membership, as appointed by the Governor, has not yet been determined. We will also be establishing a Bureau of Building Codes and Standards and we anticipate a change in the contact person once the Bureau is established.
CONSENSUS-BASED RULE DEVELOPMENT: Not yet determined. The Board is charged with identifying and resolving conflicts between various codes.