Maine Statute | Act | Code |Title 25. Internal Security And Public Safety| US Code - US Statute | Chapter 317. Preventive Measures And Restrictions

Title 25 - §2431. Restriction of certain occupations in maritime towns (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2431. Restriction of certain occupations in maritime towns (REPEALED)

Section History:
PL 1977,
Ch. 177,
§ (RP ).
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Title 25 - §2432. Removal or repair of defective stoves, boilers and the like

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2432. Removal or repair of defective stoves, boilers and the like

On complaint of any citizen that a stove, stovepipe, oven, furnace, boiler or appurtenance is defective, out of repair or so placed in any building as to endanger it or any other building, the Commissioner of Public Safety or municipal officers of any town of not more than 2,000 inhabitants, if satisfied that such complaint is well founded, shall give written notice to the owner or occupant of such building, and if the owner or occupant unnecessarily neglects for 3 days to remove or repair the same effectually, the owner or occupant forfeits not less than $10 nor more than $100. [1991, c. 198, §2 (amd).]

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1991,
Ch. 198,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2433. Smoking restrictions (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2433. Smoking restrictions (REPEALED)

Section History:
PL 1999,
Ch. 652,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2434. Disposal of lighted matches, cigarettes, etc. (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2434. Disposal of lighted matches, cigarettes, etc. (REPEALED)

Section History:
PL 1965,
Ch. 365,
§4 (RPR).
PL 1979,
Ch. 545,
§16 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2435. Kindling fire with intent to injure another

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2435. Kindling fire with intent to injure another

Whoever with intent to injure another causes a fire to be kindled, whereby the property of any other person is injured or destroyed, commits a Class D crime. [1991, c. 797, §12 (amd).]

Section History:
PL 1991,
Ch. 797,
§12 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2436-A. Burning of debris (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2436-A. Burning of debris (REPEALED)

Section History:
PL 1965,
Ch. 365,
§5 (NEW).
PL 1979,
Ch. 663,
§152 (AMD).
PL 1981,
Ch. 115,
§ (AMD).
PL 1983,
Ch. 504,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2436. Time and manner for kindling lawful fires (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2436. Time and manner for kindling lawful fires (REPEALED)

Section History:
PL 1979,
Ch. 545,
§17 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2437. Lumber drivers may kindle necessary fires (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2437. Lumber drivers may kindle necessary fires (REPEALED)

Section History:
PL 1971,
Ch. 97,
§8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2438. Extinguishment of camp, cooking or other fires; fines (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2438. Extinguishment of camp, cooking or other fires; fines (REPEALED)

Section History:
PL 1975,
Ch. 43,
§1 (AMD).
PL 1979,
Ch. 545,
§18 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2439. Common law remedy preserved

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2439. Common law remedy preserved

The common law right to an action for damages done by fires is not taken away or diminished and it may be pursued notwithstanding the penalties set forth in chapters 313 to 321.

Section History:
PL 1971,
Ch. 622,
§83 (AMD).
PL 1979,
Ch. 541,
§A166 (AMD).
PL 1979,
Ch. 545,
§4 (AMD).
PL 1979,
Ch. 663,
§153 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2440. Penalties; recovery and appropriation

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2440. Penalties; recovery and appropriation

Penalties provided in sections 2432 and 2439 may be recovered by complaint, indictment or civil action, 12 to the municipality where the offense is committed and 12 to the State. [1999, c. 652, §3 (amd).]

Section History:
PL 1971,
Ch. 622,
§84 (AMD).
PL 1975,
Ch. 43,
§2 (AMD).
PL 1975,
Ch. 533,
§ (AMD).
PL 1975,
Ch. 770,
§111 (RPR).
PL 1979,
Ch. 127,
§157 (AMD).
PL 1979,
Ch. 545,
§5 (RPR).
PL 1979,
Ch. 556,
§7 (AMD).
PL 1979,
Ch. 663,
§154 (RPR).
PL 1999,
Ch. 652,
§3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2441. Explosives or inflammables; rules (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2441. Explosives or inflammables; rules (REPEALED)

Section History:
PL 1967,
Ch. 316,
§ (AMD).
PL 1971,
Ch. 592,
§35 (AMD).
PL 1973,
Ch. 725,
§2 (AMD).
PL 1975,
Ch. 771,
§265 (AMD).
PL 1979,
Ch. 107,
§ (AMD).
PL 1983,
Ch. 174,
§2 (AMD).
PL 1983,
Ch. 785,
§7 (AMD).
PL 1989,
Ch. 135,
§ (AMD).
PL 1991,
Ch. 464,
§5,6 (AMD).
PL 1997,
Ch. 727,
§C6 (AMD).
PL 1999,
Ch. 652,
§4 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2442. Recovery of damages for explosion

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2442. Recovery of damages for explosion

A person injured by the explosion of such articles in the possession of any person contrary to such regulations has an action for damages against such possessor, or against the owner, if cognizant of such neglect.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2443. Search for explosives (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2443. Search for explosives (REPEALED)

Section History:
PL 1999,
Ch. 652,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2444. Transportation of explosives (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2444. Transportation of explosives (REPEALED)

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1997,
Ch. 728,
§23 (AMD).
PL 1999,
Ch. 652,
§6 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2445. Standards for installing gas appliances (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2445. Standards for installing gas appliances (REPEALED)

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1999,
Ch. 652,
§7 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2446. Approval of certain appliances (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2446. Approval of certain appliances (REPEALED)

Section History:
PL 1985,
Ch. 11,
§1 (AMD).
PL 1999,
Ch. 652,
§8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2447-A. Cellulose fiber insulation standards

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2447-A. Cellulose fiber insulation standards

1. Prohibition. No individual, partnership or corporation may sell or offer for sale in this State, in person, by mail or otherwise, any type of cellulose fiber insulation unless that product is either:

A. Certified by a nationally recognized testing laboratory as meeting ASTME-84, Class I requirements; or [1977, c. 639, § 1 (new).]

B. Certified by the Department of Industrial Cooperation, University of Maine System, as meeting requirements comparable to ASTME-84, Class I requirements. [1985, c. 779, § 68 (amd).]

No individual, partnership or corporation may sell or offer for sale in this State, in person, by mail or otherwise, any cellulose fiber insulation which does not conform to any rule established by the State Fire Marshal under subsection 2. The Department of Industrial Cooperation of the University of Maine System shall not be liable as a result of any damage or injury caused by or arising out of the installation or use of insulation certified by the department. [1985, c. 779, § 68 (amd).]

2. Rules. The State Fire Marshal shall, in accordance with the Maine Administrative Procedure Act, establish rules setting forth standards for cellulose fibre insulation which may be sold in this State. These rules shall be no less stringent than current federal specifications for Insulation Thermal: Cellulosic or Wood Fibre, and may exceed the federal standards if, in the judgment of the State Fire Marshal, the action is deemed necessary to protect the health and safety of the public. The State Fire Marshal may incorporate in those rules provisions for testing procedures different from those established by federal specifications where, in his judgment, these federal tests cannot conveniently be conducted in Maine or are not appropriate for Maine use. [1977, c. 639, § 1 (new).]

3. Penalty. Any violation of this section shall be a Class E crime. [1977, c. 639, § 1 (new).]

Section History:
PL 1977,
Ch. 639,
§1 (NEW).
PL 1985,
Ch. 779,
§68 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2447-B. Foam plastic insulation standards

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2447-B. Foam plastic insulation standards

1. Prohibition. No individual, partnership or corporation shall install in this State any type of foam plastic insulation unless that product complies with and is installed in accordance with the following requirements.

A. Unless otherwise excepted in the following subparagraphs, all foam plastic or foam plastic cores of manufactured assemblies shall have a flame-spread rating of not more than 75 and a smoke-developed rating of not more than 450 when tested in the maximum thickness intended for use in accordance with ASTM E-84. For all such installations, the foam plastic shall be separated from habitable or occupiable spaces by an approved thermal barrier of 12 inch gypsum wallboard or equivalent thermal barrier material which will limit the average temperature rise of the unexposed surface to not more than 250` F. after 15 minutes of fire exposure complying with the ASTM E-119 standard time-temperature curve. Thermal barriers shall be installed in a manner that assures they will stay in place for a minimum of 15 minutes under the same test exposure conditions.

(1) Foam plastics may be used without the thermal barrier described in this paragraph when the foam plastic is protected by a minimum of one inch thickness of masonry or concrete.

(2) Foam plastics when tested in a thickness of 4 inches may be used in a thickness up to 10 inches when the building is equipped with an approved automatic fire suppression system.
For use in rooms within buildings, this requirement shall apply to both the room and that part of the building in which the room is located.

(3) Foam plastics having a maximum flame-spread rating of 75 may be used in thicknesses up to 4 inches in free-standing walk-in coolers or freezer units less than 400 square feet in floor area without a thermal barrier and without an automatic fire suppression system when the foam plastic is covered by a metal facing not less than 0.032 inch thick aluminum or No. 26 gauge steel. When protected by a thermal barrier, the foam plastic may be used in thicknesses up to 10 inches.

(4) Foam plastic insulation having a flame spread of 25 or less may be used in a thickness of not more than 4 inches without the thermal barrier when the foam plastic is covered by a metal facing not less than 0.032 inch thick aluminum or No. 26 gauge steel and the building is provided with an automatic fire suppression system.

(5) Foam plastic may be used in a roof covering assembly without the thermal barrier when the foam is separated from the interior of the building by plywood sheathing not less than 12 inch in thickness bonded with interior glue, with edges supported by blocking, tongue-and-groove joints or other approved type of edge support, or an equivalent material.
Foam plastic roof insulation that complies with Factory Mutual Standard 4450 or Underwriters Laboratories Subject 1256 need not meet the requirements of this paragraph.
For roofing applications, the smoke-developed rating shall not be limited.

(6) Foam plastics having a flame-spread rating of 75 or less may be used as a core material without a thermal barrier when the door is covered by a metal facing of not less than 0.032 inch thick aluminum or No. 26 gauge steel.

(7) Foam plastics may be used as a siding backer board with a maximum thickness of 12 inch, provided it is separated from the interior of the building by not less than 2 inches of mineral fiber insulation or equivalent, or when applied as residing over existing wall construction.

(8) Within an attic or crawl space where entry is made only for service of utilities, foam plastics shall be protected against ignition by 1 12 inch thick mineral fiber insulation, 14 inch thick plywood, particleboard, hardboard or gypsum wallboard, No. 26 gauge sheet steel or other approved material installed in such a manner that the foam plastic is not exposed.
[RR 1991, c. 2, §96 (cor).]

B. Existing low hazard storage facilities with foam plastic insulation may be maintained without the required thermal barrier.

(1) Potato storage facilities constructed after the effective date of this paragraph shall provide an approved thermal barrier over foam plastic insulation for a minimum of 8' above the floor.

(2) The State Fire Marshal may permit in specific circumstances the use of foam plastic with a flame barrier when such use does not create a life safety hazard.
[1981, c. 101 (new).]

[RR 1991, c. 2, §96 (cor).]

2. Alternate installations. Foam plastics may be used in applications other than as listed in this section, when specifically approved by the State Fire Marshal based on diversified tests such as the Factory Mutual Building Corner Test Procedure or the enclosed room test procedures described in Underwriters Laboratories Subject 723. These approvals shall also be based on tests conducted in accordance with ASTM E-84 and ASTM D1929. Testing shall be performed on the finished manufactured foam plastic assemblies and on the maximum thickness intended for use. [1979, c. 167 (new).]

3. Penalty. Any violation of this section shall be a Class E crime. [1979, c. 167 (new).]

Section History:
PL 1979,
Ch. 167,
§ (NEW).
PL 1981,
Ch. 101,
§ (AMD).
RR 1991,
Ch. 2,
§96 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2447. Approval of certain compounds

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2447. Approval of certain compounds

No individual, partnership or corporation may sell or offer for sale in this State any type of flame retardant or flame proofing compound, powder or liquid, or any fire extinguisher, or any compound, powder or liquid utilized for fire extinguishing purposes unless such product shall have the approved listing of any nationally recognized laboratory that meets the standards of the National Bureau of Standards, United States Department of Commerce. [1985, c. 11, § 2 (amd).] div>
The expense involved in ascertaining if such product shall be approved shall be paid by the individual, partnership or corporation selling or offering the same for sale. div>
Any violation of this section shall be punishable by a fine of not more than $100 or by imprisonment for not more than 90 days, or by both.

Section History:
PL 1985,
Ch. 11,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2448. Construction permit; when required

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2448. Construction permit; when required

No property owner, agent or representative of the owner may construct, alter or change the use of any structure to become a public building without first obtaining from the Commissioner of Public Safety a permit therefor. A request for a permit shall be accompanied by a true copy of the plans and specifications for that construction, reconstruction or change of use. The commissioner shall issue a permit only if the plans comply with statutes and lawful regulations promulgated to reduce fire hazards. [1983, c. 232, §1 (rpr).] div>
The term "public building" shall include any building or structure constructed, operated or maintained for use by the general public, which shall include, but not be limited to, all buildings or portions of buildings used for a schoolhouse, hospital, convalescent, nursing or boarding home to be licensed by the Department of Health and Human Services, Division of Licensing and Certification; theater or other place of public assembly, mercantile occupancy over 3,000 square feet, hotel, motel or business occupancy of 2 or more stories; or any building to be state owned or operated. [1983, c. 232, §1 (rpr); 2003, c. 689, Pt. B, §6 (rev).] div>
The term "true copy" means an accurate representation by dimensioned plans and specifications of the final construction documents. [1983, c. 232, §1 (rpr).]

Section History:
PL 1973,
Ch. 242,
§1 (AMD).
PL 1975,
Ch. 293,
§4 (AMD).
PL 1979,
Ch. 208,
§1 (AMD).
PL 1983,
Ch. 232,
§1 (RPR).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2449. Penalty

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2449. Penalty

Whoever violates the provisions of section 2448 shall be guilty of a Class E crime. [1979, c. 208, § 2 (rpr).]

Section History:
PL 1973,
Ch. 242,
§2 (AMD).
PL 1975,
Ch. 293,
§4 (AMD).
PL 1979,
Ch. 208,
§2 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2450. Examinations by Department of Public Safety

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2450. Examinations by Department of Public Safety

The Commissioner of Public Safety shall adopt, in accordance with requirements of the Maine Administrative Procedure Act, a schedule of fees for the examination of all plans for construction, reconstruction or repairs submitted to the Department of Public Safety. The fee schedule for new construction or new use is 5¢ per square foot for occupied spaces and 2¢ per square foot for bulk storage occupancies, except that a fee for review of a plan for new construction by a public school may not exceed $450. The fee schedule for reconstruction, repairs or renovations is based on the cost of the project and may not exceed $450. The fees must be credited to a special revenue account to defray expenses in carrying out this section. Any balance of the fees may not lapse, but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal years. [2003, c. 358, §1 (amd).]

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1973,
Ch. 242,
§3 (AMD).
PL 1973,
Ch. 725,
§3 (AMD).
PL 1973,
Ch. 788,
§111 (AMD).
PL 1979,
Ch. 186,
§ (AMD).
PL 1983,
Ch. 232,
§2 (RPR).
PL 1993,
Ch. 410,
§X4 (AMD).
PL 1997,
Ch. 728,
§24 (AMD).
PL 2003,
Ch. 358,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2451. Doors of public buildings to open outwards (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2451. Doors of public buildings to open outwards (REPEALED)

Section History:
PL 1973,
Ch. 632,
§10 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2452-A. Use of candles

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2452-A. Use of candles

No regulation of the Commissioner of Public Safety shall prohibit the use of candles by any officials of religious or fraternal orders during the course of a religious or fraternal service, which service occurs on the property of said church or fraternal order, provided the said use of candles is properly supervised. [1971, c. 592, § 35 (amd).]

Section History:
PL 1967,
Ch. 273,
§ (NEW).
PL 1971,
Ch. 592,
§35 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2452. Life safety and property protection

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2452. Life safety and property protection

The Commissioner of Public Safety shall adopt and may amend, after notice in accordance with the Maine Administrative Procedure Act, reasonable rules governing the safety to life from fire in or around all buildings or other structures and mass outdoor gatherings, as defined in Title 22, section 1601, subsection 2, within the commissioner's jurisdiction. These rules do not apply to nursing homes having 3 or fewer patients. Automatic sprinkler systems may not be required in existing noncommercial places of assembly. Noncommercial places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement or awaiting transportation that have a capacity of 100 to 300 persons. [2003, c. 535, §3 (amd).]

1. Effective date. The rules, and amendments to the rules, become effective when reviewed for form and legality by the Office of the Attorney General and a certified copy of them has been approved in writing by the Commissioner of Public Safety and filed with the Secretary of State. [1997, c. 728, §25 (amd).]

2. Rights declared. Any person aggrieved by a rule or by an act of the commissioner in enforcing the rule may have that person's rights declared by bringing an action for declaratory judgment under Title 14, chapter 707, naming the commissioner as defendant. [1997, c. 728, §25 (amd).]

3. Violation. A person who violates a rule issued by the commissioner under this section commits a Class E crime. [2003, c. 535, §3 (amd).]
div>
Existing buildings licensed pursuant to Title 22, Subtitle 6 having more than 6 boarders, with the exception of board and care facilities and children's homes, must comply with any rules for residential-custodial care facilities required by the Commissioner of Public Safety, except that such existing facilities of not more than 2 stories in height are not required to be fire resistive, protected or unprotected noncombustible, protected wood frame or heavy timber construction. Such existing facilities must be protected by a complete approved automatic sprinkler system and meet all other requirements of residential-custodial care facilities as required by the Commissioner of Public Safety. [2003, c. 535, §3 (amd).] div>
Existing boarding care facilities licensed pursuant to Title 22, Subtitle 6 must comply with the applicable fire safety requirements of the Life Safety Code adopted by the Commissioner of Public Safety pursuant to Title 22, section 7856. [2003, c. 535, §3 (amd).] div>
Existing children's homes licensed pursuant to Title 22, Subtitle 6 must comply with the applicable fire safety requirements of the Life Safety Code of the National Fire Protection Association adopted by the Commissioner of Public Safety pursuant to Title 22, section 8103. [2003, c. 535, §3 (amd).]

Section History:
PL 1967,
Ch. 301,
§ (AMD).
PL 1971,
Ch. 592,
§35 (AMD).
PL 1973,
Ch. 187,
§ (AMD).
PL 1973,
Ch. 660,
§ (AMD).
PL 1975,
Ch. 142,
§ (AMD).
PL 1975,
Ch. 491,
§3 (AMD).
PL 1975,
Ch. 771,
§266 (AMD).
PL 1977,
Ch. 78,
§161 (AMD).
PL 1979,
Ch. 59,
§1,2 (AMD).
PL 1985,
Ch. 770,
§17 (AMD).
PL 1997,
Ch. 728,
§25 (AMD).
PL 2001,
Ch. 596,
§B22 (AMD).
PL 2001,
Ch. 596,
§B25 (AFF).
PL 2003,
Ch. 411,
§2,3 (AMD).
PL 2003,
Ch. 535,
§3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2453. Fire escapes; appeals

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2453. Fire escapes; appeals

Each story above the first story of a building used as a schoolhouse, orphan asylum, hospital for the mentally ill, reformatory, opera house, hall for public assemblies, hotel or tenement house occupied by more than 2 families, or store in which more than 10 persons are employed above the first story, must be provided with more than one way of egress, by stairways on the inside or fire escapes on the outside of such building. Such stairways and fire escapes must be so constructed, in such a number, or such size and in such location as to give reasonably safe, adequate and convenient means of exit, in view of the number of persons who may need to use such stairway or fire escape, must at all times be kept free from obstruction and must be accessible from each room in each story above the first story. [2001, c. 31, §1 (amd).] div>
Any apartment building of 3 stories or less in its entirety is permitted to have a single exit under the condition that the building is protected throughout by an approved automatic sprinkler system, meets the requirements of the applicable chapter of the National Fire Protection Association Life Safety Code 101 and every sleeping room has a 2nd means of escape. [1999, c. 384, §19 (new).] div>
An individual, partnership or corporation may not offer for sale in this State, any type of fire escape device or fire alarm systems unless first securing approval of the Commissioner of Public Safety. [1999, c. 384, §19 (amd).] div>
Any person or corporation aggrieved by any order of the commissioner issued under this section may appeal to the Superior Court by filing within 30 days from the effective date of such order a complaint and the court shall fix a time and place of hearing and cause notice of the time and place to be given to the commissioner and, after the hearing, the court may affirm or reverse in full or in part any such order of the commissioner and the decision of the court is final. If the commissioner in the interest of public safety, because the commissioner determines there is immediate danger, forbids the use of such buildings for any public purpose until satisfactory compliance with the commissioner's order, such order becomes effective immediately and the filing of the complaint may not operate as a stay. [1999, c. 384, §19 (amd).]

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1973,
Ch. 632,
§11 (AMD).
PL 1999,
Ch. 384,
§19 (AMD).
PL 2001,
Ch. 31,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2454. -- inspections (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2454. -- inspections (REPEALED)

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1973,
Ch. 632,
§12 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2455. Notice as to sufficiency of safeguards (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2455. Notice as to sufficiency of safeguards (REPEALED)

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1973,
Ch. 632,
§12 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2456. Failure to comply with orders for safeguards (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2456. Failure to comply with orders for safeguards (REPEALED)

Section History:
PL 1973,
Ch. 632,
§13 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2457. Certificate of sufficiency of safeguards; compensation for inspection; return (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2457. Certificate of sufficiency of safeguards; compensation for inspection; return (REPEALED)

Section History:
PL 1973,
Ch. 632,
§13 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2458. Certificate to be posted in building (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2458. Certificate to be posted in building (REPEALED)

Section History:
PL 1973,
Ch. 632,
§13 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2459. Town officers' refusal to perform duties (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2459. Town officers' refusal to perform duties (REPEALED)

Section History:
PL 1973,
Ch. 632,
§13 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2460. Fines (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2460. Fines (REPEALED)

Section History:
PL 1973,
Ch. 632,
§13 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2461. Investigation by state factory inspector or Commissioner of Public Safety (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2461. Investigation by state factory inspector or Commissioner of Public Safety (REPEALED)

Section History:
PL 1971,
Ch. 592,
§35 (AMD).
PL 1973,
Ch. 632,
§14 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2462. Plundering at fires as larceny (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2462. Plundering at fires as larceny (REPEALED)

Section History:
PL 2003,
Ch. 24,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2463-A. Installation of sprinkler systems in dormitories

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2463-A. Installation of sprinkler systems in dormitories

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Automatic sprinkler system" means an automatic sprinkler system that at a minimum satisfies the requirements of Pamphlet 13 or 13R of the National Fire Protection Association or other requirements established by the State Fire Marshal. [2001, c. 674, Pt. A, §1 (new); §2 (aff).]

B. "Department" means the Department of Public Safety. [2001, c. 674, Pt. A, §1 (new); §2 (aff).]

C. "Dormitory" means a building or space in a building owned by a public educational institution in which:

(1) At least 5 rooms are provided as sleeping accommodations for students of the public educational institution; or

(2) Sleeping accommodations are provided for 15 or more students of the public educational institution.
[2001, c. 674, Pt. A, §1 (new); §2 (aff).]

D. "Public educational institution" means the University of Maine System, the Maine Community College System, the Maine Maritime Academy or the Maine School of Science and Mathematics. [2001, c. 674, Pt. A, §1 (new); §2 (aff); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

[2001, c. 674, Pt. A, §1 (new); §2 (aff); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

2. Approved automatic sprinkler system. A dormitory of a public educational institution must be equipped with an automatic sprinkler system in accordance with this subsection.

A. A dormitory constructed by a public educational institution or a building converted into a dormitory by a public educational institution after the effective date of this paragraph must be equipped with a complete automatic sprinkler system before the department approves the dormitory for occupancy. [2001, c. 674, Pt. A, §1 (new); §2 (aff).]

B. Dormitories of a public educational institution that exist on and are used as dormitories after January 1, 2001 must be equipped as follows:

(1) By January 1, 2007, at least 13 of the total square footage of those dormitories must be equipped with an automatic sprinkler system;

(2) By January 1, 2010, at least 23 of the total square footage of those dormitories must be equipped with an automatic sprinkler system; and

(3) By January 1, 2013, all of those dormitories must be equipped with a complete automatic sprinkler system.
[2001, c. 674, Pt. A, §1 (new); §2 (aff).]

[2001, c. 674, Pt. A, §1 (new); §2 (aff).]

3. Report. Beginning in 2003 and every 2 years thereafter, the State Fire Marshal shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters concerning compliance with subsection 2. The report must be submitted by February 15th of the year the report is due. [2001, c. 674, Pt. A, §1 (new); §2 (aff).]

Section History:
PL 2001,
Ch. 674,
§A1 (NEW).
PL 2001,
Ch. 674,
§A2 (AFF).
PL 2003,
Ch. 20,
§OO2 (AMD).
PL 2003,
Ch. 20,
§OO4 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2463. Installation of sprinkler systems and smoke, heat or fire detection systems

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2463. Installation of sprinkler systems and smoke, heat or fire detection systems

All new hotels constructed after January 1, 1992 of any type construction having 2 stories or more above grade level, must be protected by a complete approved automatic sprinkler system. [1991, c. 359 (amd).] div>
All high-rise buildings constructed after January 1, 1992 of any type construction must be protected by a complete approved automatic sprinkler system. [1991, c. 359 (new).] div>
All other hotels having 2 stories or more above grade level must be protected by a complete approved smoke, heat or fire detection system operated by electrical current or powered by batteries by July 1, 1981. [1991, c. 359 (amd).] div>
The Commissioner of Public Safety or the commissioner's designee shall inspect all systems installed pursuant to this section and shall approve all systems that comply with this section, except that when the hotel is located in a municipality that has a municipal fire department or incorporated volunteer fire department, that department is responsible for the inspection and approval of the system, unless the Commissioner of Public Safety agrees to undertake that responsibility. [1997, c. 728, §26 (amd).] div>
The term "hotel" includes buildings or groups of buildings under the same management in which there are more than 15 sleeping rooms for hire, whether designated as a hotel, inn, club, motel, apartment hotel or by any other name. [1985, c. 183 (amd).] div>
The term "high-rise building" includes any building used for any commercial purpose that is 75 feet or more above grade level. [1991, c. 359 (new).] div>
Any person or corporation violating this section is guilty of a Class E crime. [1991, c. 359 (amd).]

Section History:
PL 1969,
Ch. 409,
§ (NEW).
PL 1971,
Ch. 240,
§ (AMD).
PL 1971,
Ch. 622,
§85 (AMD).
PL 1977,
Ch. 665,
§ (RPR).
PL 1985,
Ch. 183,
§ (AMD).
PL 1991,
Ch. 359,
§ (AMD).
PL 1997,
Ch. 728,
§26 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2464. Smoke detectors

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2464. Smoke detectors

1. Definition. "Smoke detector" means a device that, when activated by the presence of smoke, provides an alarm suitable to warn the occupants within the individual dwelling unit in which it is attached and that has been listed for use by a nationally recognized independent testing laboratory. [1997, c. 728, §27 (amd).]

2. Smoke detectors required. The owner shall install, or cause to be installed, not less than one approved smoke detector upon or near the ceiling in areas within, or giving access to, bedrooms in:

A. Any single-family dwelling, the construction of which is completed after the effective date of this section; [1985, c. 190 (amd).]

B. Each apartment in any building of multifamily occupancy, other than any occupied by the owner of the building; [1985, c. 190 (amd).]

C. Any addition to or restoration of an existing single-family dwelling which adds at least one bedroom to the dwelling unit and the construction of which is completed after the effective date of this paragraph; and [1985, c. 190 (new).]

D. Any conversion of a building to a single-family dwelling after the effective date of this paragraph. [1985, c. 190 (new).]

[1985, c. 190 (amd).]

3. Multiapartment buildings. In multiapartment buildings more than 3 stories in height, approved smoke detectors must also be installed in each corridor and hallway on each floor. [1997, c. 728, §28 (amd).]

4. Regulations. [1997, c. 728, §29 (rp).]

4-A. Rules. The Commissioner of Public Safety or the commissioner's designee, in accordance with the Maine Administrative Procedure Act, shall adopt rules pertaining to smoke detectors. The rules adopted must include, but not be limited to, standards for approved smoke detectors and all requirements of use, maintenance and installation. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 475, §1 (new).]

5. Penalties. A person who violates this section is guilty of a civil violation and is subject to a forfeiture of not more than $500 for each violation. The court may waive any penalty or cost against any violator upon satisfactory proof that the violation was corrected within 10 days of the issuance of a complaint. [1997, c. 728, §30 (amd).]

6. Liability. Nothing in this section gives rise to any action against an owner required to comply with subsection 2, paragraph B, if the owner has conducted an inspection of the required smoke detectors immediately after installation and has reinspected the smoke detectors prior to occupancy by each new tenant, unless the owner has been given at least 24-hours' actual notice of a defect or failure of the smoke detector to operate properly and has failed to take action to correct the defect or failure. [1981, c. 399, §1 (new).]

7. Noninterference. A person may not knowingly interfere with or make inoperative any smoke detector required by this section, except that the owner or the agent of an owner of a building may temporarily disconnect a detector in a dwelling unit or common area only for construction or rehabilitation activities when such activities are likely to activate the detector or make it inactive. The detector must be immediately reconnected at the cessation of construction or rehabilitation activities each day, regardless of the intent to return to construction or rehabilitation activities on succeeding days. [1991, c. 260 (new).]

8. Smoke alarms for persons with disabilities. Upon the request of a deaf or hard-of-hearing occupant, the owner of the dwelling unit shall provide an approved smoke alarm suitable to warn the occupant within the dwelling unit. If the owner does not provide a suitable smoke alarm, the occupant may purchase, install and maintain a suitable smoke detector, or arrange for proper installation and maintenance of a suitable smoke detector, and may deduct the actual costs from the rent for the dwelling unit. An occupant or tenant may not be charged, evicted or penalized in any way for failure to pay the actual cost deducted from the rent for the dwelling unit. [1997, c. 95, §2 (new).]

Section History:
PL 1981,
Ch. 399,
§1 (NEW).
PL 1985,
Ch. 175,
§ (AMD).
PL 1985,
Ch. 190,
§ (AMD).
PL 1991,
Ch. 260,
§ (AMD).
PL 1997,
Ch. 95,
§1,2 (AMD).
PL 1997,
Ch. 728,
§27-30 (AMD).
PL 2001,
Ch. 475,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2465. Adoption of rules

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 6: FIRE PREVENTION AND FIRE PROTECTION
Chapter 317: PREVENTIVE MEASURES AND RESTRICTIONS

§2465. Adoption of rules

1. Adoption of rules. The Commissioner of Public Safety shall, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, adopt by reference the Rules and Regulations as found in the then current edition of the National Fire Protection Association Code #211, "The Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances". [1981, c. 622 (new).]

2. Prohibitions. A person may not for compensation construct or install any vent or solid fuel burning appliance unless constructed or installed in accordance with the provisions of the National Fire Protection Association Code #211, "The Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances." Construction and installation of chimneys and fireplaces are governed by Title 32, chapter 33. [1997, c. 728, §31 (amd).]

3. Enforcement. Subject to Title 32, chapter 33, the Commissioner of Public Safety or the commissioner's designees, state oil and solid fuel compliance officers, duly appointed fire chiefs or their designees, and municipal building inspectors and code enforcement officers may enforce the requirements of "The Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances" and Title 32, section 2313-A. [1997, c. 728, §31 (amd).]

4. Prior installation. Any chimney, fireplace, vent or solid fuel burning appliance constructed or installed prior to the effective date of this section may be continued in use subject to the provisions of section 2432. [1981, c. 622 (new).]

5. Home rule. Subject to Title 32, chapter 33, any municipality may adopt as ordinance requirements for the materials, installation or construction of chimneys, fireplaces, vents or solid fuel burning appliances that exceed the requirements of "The Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances." [1991, c. 714, §7 (amd).]

5-A. Safety information. A new factory-built fireplace, fireplace stove or solid fuel burning room heater may not be sold in retail trade, unless the seller provides the buyer, on or before the sale, with an installation instruction manual or, in the case where such a manual is not available, with a publication of the Department of Economic and Community Development containing recommended clearances the same as those prescribed in the National Fire Protection Association Code #211, The Standards for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances, as approved by the Commissioner of Public Safety. [1997, c. 728, §32 (amd).]

6. Penalty. The following penalties apply.

A. A person who, for compensation, constructs or installs vents or solid fuel burning appliances in violation of the standards and then permits such violation to remain uncorrected after 30 days' notice from an official empowered to enforce this section commits a civil violation for which a fine of not more than $500 for each violation may be adjudged. The court may waive any penalty or cost against a violator upon satisfactory proof that the violation was corrected within 30 days of the issuance of a complaint. Construction and installation of chimneys and fireplaces are governed by Title 32, chapter 33. [2003, c. 452, Pt. N, §6 (new); Pt. X, §2 (aff).]

B. A person who fails to provide a purchaser with an instruction manual or the authorized publication of the Department of Economic and Community Development, as described in subsection 5-A, commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged. [2003, c. 452, Pt. N, §6 (new); Pt. X, §2 (aff).]

C. A person who violates paragraph B after having previously violated paragraph B commits a civil violation for which a fine of not less than $500 and not more than $800 for each offense may be adjudged. [2003, c. 452, Pt. N, §6 (new); Pt. X, §2 (aff).]

In addition to the penalties provided in this subsection, a violation of this chapter constitutes a violation of Title 5, chapter 10. [2003, c. 452, Pt. N, §6 (rpr); Pt. X, §2 (aff).]

Section History:
PL 1981,
Ch. 622,
§ (NEW).
PL 1983,
Ch. 231,
§1,2 (AMD).
PL 1989,
Ch. 501,
§DD32,DD33 (AMD).
PL 1991,
Ch. 198,
§3,4 (AMD).
PL 1991,
Ch. 714,
§7,8 (AMD).
PL 1997,
Ch. 728,
§31,32 (AMD).
PL 2003,
Ch. 452,
§N6 (AMD).
PL 2003,
Ch. 452,
§X2 (AFF).
RR 2003,
Ch. 1,
§25 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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