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State of Maine

16
Department of Public Safety
1998-99 Regulatory Agenda


EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None
163 - Bureau of Emergency Medical Services
219 - Office of State Fire Marshal
222 - Bureau of State Police
226 - Bureau of Liquor Enforcement

16-163 - Bureau of Emergency Medical Services

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

EXPECTED 1998-1999 RULE-MAKING ACTIVITY:

CHAPTER 451: Maine Emergency Medical Services Rules
STATUTORY AUTHORITY: 32 M.R.S.A. Chapter 2-B 84.1
PURPOSE: Chapter 451 will be amended to:
1. reflect "grandfathering" of the Ambulance Attendant level - 1997 statutory change.
2. change and simplify the approval process for EMS service licenses.
3. change scope of practice definitions to enable expanded practice.
4. change and clarify scope of practice requirements for EMS licensees
5. change section regarding licensing for individuals with previous criminal records.
6. change rules regarding training entities, instructor and instructor coordinator requirements, and continuing education programs.
7. change requirements regarding medical control of EMS licensees.
8. change rules regarding storage of certain medications outside of a sealed drug box.
9. change and clarify rules and lists pertaining to minimum equipment and approved drugs/medications for EMS services.
10. change system mission and goals to reflect the EMS Board's strategic plan
11. change and clarify rules regarding the standards and procedures for refusing to issue, or renew, a license, and for modifying, suspending, or revoking a license.
12. change and clarify rules regarding EMS license examinations.
13. change rules pertaining to air ambulance services and flight medical licensees.
14. adopt and/or amend requirements pertaining to Quality Assurance/Quality Improvement for EMS licensees and EMS licensed services.
15. change and clarify rules regarding the process and fees associated with the issuance of new and renewal EMS service licenses.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: All current EMS services (n=262) and EMS personnel (n=4314).


16-219 - Office of State Fire Marshal

John Dean, State Fire Marshal. Rules contact person: Karen Peterson, 52 State House Station, Augusta, ME 04333-0052. Telephone: 287-3473

EXPECTED 1998-1999 RULE-MAKING ACTIVITY:

CHAPTER 29: Life Safety Code, NFPA #101.
STATUTORY AUTHORITY: 25 M.R.S.A. 2452
PURPOSE: To provide minimum levels of life safety protection by requiring certain construction features and materials in a variety of structures used by the public.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Public use facility operators, design professionals and building contractors.

CHAPTER 23: Fire Protection Rules for Medical Facilities and Equipment, NFPA #56 A, B, C, D, F and G.
STATUTORY AUTHORITY: 25 M.R.S.A. 2396, 2452
PURPOSE: To provide criteria to minimize the hazards of fire, explosion and electricity in health care facilities. The existing editions of these national technical standards have been updated and compiled into a new standard, NFPA #99. The existing editions will be repealed and replaced with the more current NFPA #99.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The general public, health care facilities, design professionals and general contractors.

CHAPTER 31: Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances, NFPA #211.
STATUTORY AUTHORITY: 25 M.R.S.A. 2465
PURPOSE: To provide standards for the design and construction of chimneys and their connection to certain appliances.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The general public, masons, building contractors and the heating industry.

CHAPTER 28: Standard for the Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment, NFPA #96.
STATUTORY AUTHORITY: 25 M.R.S.A. 2396, 2441 and 2448
PURPOSE: To provide a reasonable degree of life and property protection through standards for the design, installation and use of exhaust system components in commercial kitchens.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The general public, restaurants, industrial and institutional kitchens.

CHAPTER 37: Rules and Regulations Governing the Operation of Amusement Devices and Midways.
STATUTORY AUTHORITY: 25 M.R.S.A. 502
PURPOSE: To provide a reasonable degree of protection for spectators at traveling circuses, carnivals, thrill shows or other similar amusement shows and to provide for a reasonable level of safety for riders on amusement devices.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The general public, sponsors or operators of carnivals and other amusement shows.

CHAPTER 317: Rules and Regulations for Flammable and Combustible Liquids.
STATUTORY AUTHORITY: 25 M.R.S.A. 2396, 2441
PURPOSE: To provide a reasonable amount of life and property protection from fire and explosion through standards for transportation, storage, handling and use of flammable or combustible liquids.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The general public, automotive and marine service station vendors, tank truck industry, flammable and combustible liquid vendors, storage tank manufacturers.

CHAPTER (none yet assigned): Rules for the Design and Installation of the Hydro-Pro Sprinkler System.
STATUTORY AUTHORITY: 32 M.R.S.A. 1382, 25 M.R.S.A. 2396
PURPOSE: To provide a reasonable level of life and structure protection from fire through installation criteria for an alternative sprinkler design.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The general public, fire protection engineers, fire sprinkler system contractors.

CHAPTER 34: Rules for the Display of Fireworks.
STATUTORY AUTHORITY: 8 M.R.S.A. 227
PURPOSE: To provide requirements for audience safety during sanctioned fireworks displays. Administrative steps for obtaining permits are also included.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: The general public and the pyrotechnics industry.


CHAPTER (none yet assigned): Inspection Technician Rules.
STATUTORY AUTHORITY: 22 M.R.S.A. 8304-A
PURPOSE: To provide administrative criteria through which qualified individuals can be trained and certified to conduct day care facility inspections.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Code enforcement and fire service personnel, day care providers.

CHAPTER 135: Rules for the Manufacture, Transportation, Storage, and Use of Explosives.
STATUTORY AUTHORITY: 25 M.R.S.A. 2441
PURPOSE: To provide a reasonable degree of life and property safety through standards for the use of explosives.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Blasting contractors, general contractors, and hobby miners.

CHAPTER (none yet assigned): Fire Prevention Code, NFPA #1.
STATUTORY AUTHORITY: 25 M.R.S.A. 2452
PURPOSE: To provide reasonable requirements for construction, maintenance and use of property or structures to ensure public safety from fire or explosions.
ANTICIPATED SCHEDULE: Prior to July 1999
AFFECTED PARTIES: Public use facility operators, design professionals, and the general public.


16-222 - Bureau of the Maine State Police

Col. Malcolm T. Dow, Chief of Maine State, 42 State House Station 624-8939, Augusta, ME 04330-0042

CONTACT PERSONS FOR CHAPTERS 1, 4, 6: Lt. Bruce Dow, John Fraser.

CHAPTER 1: Motor Vehicle Safety Inspection Rules
STATUTORY AUTHORITY: M.R.S.A. 29-A Section 1769
PURPOSE: Updating of present rules.
ANTICIPATED SCHEDULE: Prior to January 1, 1999
AFFECTED PARTIES: Motor Vehicle Repair Industry. Highway Transportation Users.
Secretary of State

CHAPTER 4: Motor Carrier Safety Rules
STATUTORY AUTHORITY: M.R.S.A. 29-A Section 555
PURPOSE: Updating of present rules, plus minor technical change
ANTICIPATED SCHEDULE: Prior to January 1, 1999
AFFECTED PARTIES: Highway Transportation Industry.

CHAPTER 6: Transportation of Hazardous Materials
STATUTORY AUTHORITY: M.R.S.A. 25 Section 2103-A
PURPOSE: Updating of present rules.
ANTICIPATED SCHEDULE: Prior to January 1, 1999
AFFECTED PARTIES: Shippers, Receivers and highway Transporters of Hazardous Materials.

CONTACT PERSON FOR CHAPTERS 2, 3, 9: Barry Hathaway, 164 State House Station, Augusta, ME 04333. Tel: (207) 624-8784

CHAPTER 2: Rules and Regulations Relating to Games of Chance
STATUTORY AUTHORITY: 17 M.R.S.A., 343
PURPOSE: These rules describe all the requirements that must be met in order to be issued a license to operate games of chance. They explain restrictions on the operation of such games, records required, disposition of funds required, location, sales agreements and inspection of records. They dictate who may print and distribute materials used in games of chance and how they may be licensed to do so. They also regulate who may be allowed to won and operate such games.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1,1999.
AFFECTED PARTIES: These rules affect all organizations who are licensed to conduct Games of Chance.

CHAPTER 3: Rules and Regulations Relating to Beano
STATUTORY AUTHORITY: 17 M.R.S.A., 317
PURPOSE: These rules govern the conduct of Beano. They describe the application for a license, the license required, the issuance of the license, the fees and seasonal licenses. They explain the laws relating to fraud, unsafe premises, advertising, soliciting and enticement. They cover topics of expense of administration, who may be allowed to play Beano, the conduct of such games, the effects of other laws on the game, and what other games may not be played at "Beano" locations. They regulate the reports to be kept on the games, the access of the authorities to those records and the penalties for the breach of any laws, rules and/or regulations. They also explain the minimum safety requirements necessary in the conduct of Beano.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1, 1999.
AFFECTED PARTIES: These rules affect all organizations who are licensed to conduct
Beano.

CHAPTER 9: Rules and Regulations Relating to Private Investigators
STATUTORY AUTHORITY: 32 M.R.S.A. 8116 (3)
PURPOSE: This chapter describes the criteria for private investigators to be issued a certificate of firearms proficiency.
ANTICIPATED SCHEDULE: Any rule amendments would be proposed prior to January 1,1999
AFFECTED PARTIES: These rule affect all licensed private investigators.


16-226 - Bureau of Liquor Enforcement

CONTACT PERSON: Lynn M. Cayford

The Bureau may enact rules to clarify tax filing requirements related to recent legislative action which reduced the tax on apple cider.

Rules may be enacted to deal with new licenses are now allowed for inland commercial vessels (boats) and also to clarify restriction on the number of retail licenses held by brewers.

There is a possible proposal or amendment to existing rules to further clarify and restrict marketing services and labor a wholesaler or certificate holder may provide to a retailer when merchandising product.

Rules may be repealed, amended or enacted to continue to delineate the change in responsibility between Alcoholic Beverages Bureau and Public Safety. The rules concerning agency stores operations, licensing and privatizing will be updated to reflect recent legislative changes.

Entire rules will be reviewed for corrections and incorrect legal reference.


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