Sec. 1. 22 MRSA §7855, sub-§1-A is enacted to read:

1-A.__Appeals.__If an official designated under Title 25, section 2360, 2391 or 2392 to make fire safety inspections declines to issue the written statement of compliance required in subsection 1 and issues instead a statement of deficiencies, the residential care facility may within 7 days of receipt of the statement of deficiencies appeal the decision to the Commissioner of Public Safety, who shall, within 30 days after notice to the owner or occupant and a hearing, review the issue and file a decision.

SUMMARY

Currently, a license may not be issued by the Department of Human Services to a residential care facility unless the State Fire Marshal's Office attests that the facility has complied with applicable fire safety provisions. If the State Fire Marshal's Office declines to issue the required statement, this bill allows the residential care facility to appeal the decision, using the same appeal process established in the Maine Revised Statutes, Title 25, section 2392 to appeal code violations.