CHAPTER 411
H.P. 1131 - L.D. 1542
An Act To Effectively Separate Children's Homes from Adult Residential Care Facilities Regarding Fire Safety
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.
5. Requirements for children's home with more than 3 but fewer than 17 beds. A children's home that has a capacity of more than 3 but fewer than 17 beds must comply with the Life Safety Code of the National Fire Protection Association, Residential Board and Care Occupancies sections for small facilities as adopted by the Commissioner of Public Safety. In addition, automatic emergency lights must be provided in the number and location required by the Commissioner of Public Safety.
6. Requirements for children's home with 6 or fewer beds. Notwithstanding subsection 5, the department may consider a children's home that has 6 or fewer residents, all of whom can evacuate the home without the assistance of another person in 3 minutes or less, to be in compliance with the one-family and 2-family dwelling requirements of the Life Safety Code of the National Fire Protection Association as adopted by the Commissioner of Public Safety. Facilities having 3 or fewer residents must meet the requirements of the one-family and 2-family dwelling chapter of the Life Safety Code of the National Fire Protection Association as adopted by the Commissioner of Public Safety.
7. Local regulations. Nothing in this section prevents a locality from imposing requirements for children's homes more stringent than those required in this section.
Sec. 2. 25 MRSA §2452, 2nd ¶ from the end, as amended by PL 1997, c. 728, §25, is further amended to read:
Existing buildings licensed pursuant to Title 22, subtitle Subtitle 6, having more than 6 boarders, with the exception of boarding 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.
Sec. 3. 25 MRSA §2452, as amended by PL 2001, c. 596, Pt. B, §22 and affected by §25, is further amended by inserting at the end a new paragraph to read:
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.
Effective September 13, 2003, unless otherwise indicated.
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