CHAPTER 531
H.P. 1494 - L.D. 1997
An Act Regarding Fire Safety Laws for Residential Care Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §7904-A, sub-§1, as amended by PL 1997, c. 728, §9, is further amended to read:
1. Inspection required. A license may not be issued by the department to a residential care facility until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360, 2391 or 2392, to make fire safety inspections. This statement, which must indicate that the residential care facility has complied with applicable fire safety provisions referred to in Title 25, section 2452, must be furnished annually to the department.
Sec. 2. 22 MRSA §7904-A, sub-§§3, 4 and 5, as amended by PL 1997, c. 728, §9, are repealed.
Sec. 3. 22 MRSA §7904-A, sub-§§8, 9, 10 and 11 are enacted to read:
8. Requirements for residential care facilities. Residential care facilities must comply with the following provisions of the National Fire Protection Association Life Safety Code adopted by the Department of Public Safety, Office of the State Fire Marshal.
A. A residential care facility that has one to 3 beds must comply with the one-family and 2-family dwelling chapter of the Life Safety Code.
B. A residential care facility with 4 to 16 beds must comply with the sections of the Life Safety Code that apply to small facilities and with the new residential board and care occupancy chapter if that facility is a new facility or with the existing residential board and care occupancy chapter if that facility is an existing facility.
C. A residential care facility with more than 16 beds must comply with the sections of the Life Safety Code that apply to large facilities and with the new residential board and care occupancy chapter if that facility is a new facility or with the existing residential board and care occupancy chapter if that facility is an existing facility.
9. Fire safety inspection and certificate of compliance required for licensure. A fire safety inspection must be performed and a certificate of compliance must be provided to the department before a license to a residential care facility is issued. Inspections must be scheduled to coincide with the term of the license.
10. Timed drills. Timed drills, as described in the applicable chapters of the National Fire Protection Association Life Safety Code, must be used to determine a residential care facility's capability to evacuate its residents, unless the facility has elected to complete evacuation scores in lieu of timed drills in accordance with the standards described in the National Fire Protection Association Life Safety Code 101A or when timed drills are not required pursuant to the Life Safety Code. When a new resident has participated in a timed drill in another residential care facility within the previous 2 months, the results of that drill may be used to determine evacuation capability in the resident's new facility for a period of up to 4 months. A person who violates or fails to comply with this subsection commits a civil violation for which a forfeiture of not more than $25 per bed for each occurrence of failure to comply may be adjudged.
11. Requirement for manual fire alarm activation may be waived. For a residential care facility with 4 to 8 beds, the requirement for manual fire alarm activation may be waived at the discretion of the Commissioner of Public Safety.
Sec. 4. 22 MRSA §7912-A, as amended by PL 1999, c. 384, §1, is repealed.
Effective July 25, 2002, unless otherwise indicated.
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