An Act To Restore Public Safety Programs in the Department of Public Safety and the Department of Professional and Financial Regulation
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day period to enhance public safety by restoring regulation of boilers in schools and other structures used by schools and by providing for private sector inspection of amusement rides; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. A-1. 32 MRSA §15102, sub-§1, ¶E, as amended by PL 2013, c. 595, Pt. U, §11, is further amended to read:
Sec. B-1. 8 MRSA c. 18 is enacted to read:
AMUSEMENT RIDES AND SHOWS
§ 471. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 472. Amusement rides
(1) The amusement ride passed the most recent annual inspection required by this section; or
(2) All defects identified during the most recent annual inspection have been corrected and the amusement ride passes reinspection.
(1) The amusement ride owner's name;
(2) The name of the amusement ride;
(3) The name of the manufacturer of the amusement ride;
(4) The serial number of the amusement ride;
(5) The date of inspection; and
(6) The certified amusement ride inspector's name and certification number.
§ 473. Amusement ride inspectors; certification; penalties
(1) An intermediate or advanced certification as an amusement ride inspector issued by a national association of amusement ride safety officials; or
(2) An intermediate or advanced certification as an amusement ride inspector issued by a national organization of manufacturers and suppliers for the amusement ride industry; and
§ 474. Amusement ride inspection fee
The amusement ride inspection fee is $75 per instructor per hour with a minimum charge of $75.
§ 475. Amusement shows
§ 476. Traveling circus and amusement devices
Upon receipt of the application, accompanied by a certificate of public liability insurance and, for a traveling circus required to pay a license fee under subsection 2, payment of the required fee, the commissioner shall issue a license.
For traveling circuses produced in their entirety by a nonprofit charitable organization, a license is required but no fee is charged.
For purposes of this section, "amusement device" means a device by which a person is carried or conveyed or is allowed to move on, around or over a fixed course within a defined area intended to thrill, excite or amuse, including, but not limited to, bungee jumping and water slides, regardless of whether a fee to use the device is charged. "Amusement device" does not include an amusement ride, vehicle or device the operation of which is regulated as to safety by any other provision of law, except a municipal ordinance under Title 30-A, section 3001, or any coin-operated amusement device on a nonmoving base that is designed to accommodate one child.
§ 477. Rulemaking
The commissioner shall adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. B-2. 8 MRSA §658, as amended by PL 2013, c. 595, Pt. U, §5, is further amended to read:
§ 658. Unincorporated places
County commissioners within their counties and counties within their limits shall respectively exercise over unincorporated places all the powers of municipal officers and towns under chapters 3, 7 and 18 20 to 25.
Sec. B-3. 8 MRSA §701, as amended by PL 2013, c. 595, Pt. U, §6, is further amended to read:
§ 701. Jurisdiction
All penalties provided in chapters 3, 7 and 18 20 to 25 must be recovered by complaint for the use of the town where incurred.
Sec. B-4. 22 MRSA §1607, as amended by PL 2013, c. 595, Pt. U, §8, is further amended to read:
§ 1607. Application
This chapter does not apply to fairs licensed, defined and regulated under Title 7, chapter 4, or military activities. It does not apply to persons, associations, corporations, trusts or partnerships licensed under Title 8, chapter chapters 11 and 18.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
The bill does the following.
Part A restores the inspection and certificate requirements for boilers located in structures used by schools or colleges for the purpose of housing classrooms, gymnasiums, auditoriums or dormitories. These provisions were discontinued by Public Law 2013, chapter 595, Part U, section 11.
Part B allows qualified private sector organizations or individuals to inspect amusement rides to ensure they are safe for the public. The bill assigns oversight responsibilities over the certification of qualified amusement ride inspectors to the Office of the State Fire Marshal. The bill also corrects cross-references.