LD 1542
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LD 1542 Title Page An Act To Effectively Separate Children's Homes from Adult Residential Care Fac... Page 2 of 3
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LR 2002
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §8103, as amended by PL 2001, c. 515, §1 and c.
596, Pt. B, §19 and affected by §25, is further amended to read:

 
§8103. Fire safety; inspections for children's homes

 
1. Procedures. All procedures and other provisions included
in section 7904-A, subsections 1 and 2, for boarding care
facilities also apply to children's homes, except that the
written statement referred to in section 7904-A, subsection 1
need not be furnished annually by the Commissioner of Public
Safety to the department for a facility licensed as a family
foster home or a specialized children's home. In these instances
an inspection must be performed every 2 years.

 
1. Procedures. All procedures and other provisions included
in section 7855, subsections 1 and 2 for residential care
facilities also apply to children's homes, except that the
written statement referred to in section 7855, subsection 1 need
not be furnished annually by the Commissioner of Public Safety to
the department when a children's home serves only one or 2
children.

 
1-A.__Inspection required.__Except as provided in subsection
2, the department may not issue a license to operate to a
children's home 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 must
indicate that the children's home has complied with applicable
fire safety provisions referred to in Title 25, section 2452.

 
2. Temporary license. The department may issue a temporary
license to operate a family foster home, as defined by section
8101, subsection 3, without complying with the requirement to
receive a written, signed statement under subsection 1, 1-A prior
to issuing the license, as long as a preliminary evaluation of
the home reveals no obvious fire safety violations.

 
3.__Fees.__The department shall establish and pay reasonable
fees to the Commissioner of Public Safety for each inspection
required pursuant to subsection 1-A.

 
4.__Requirements for facilities with 17 or more beds.__A
children's home that has a capacity of 17 or more beds must
comply with the Life Safety Code of the National Fire Protection
Association, Residential Board and Care Occupancies sections for
large facilities as adopted by the Commissioner of Public Safety.


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