LD 2466
pg. 3
Page 2 of 8 An Act to Promote the Safe Conduct of Fireworks Displays in the State of Maine ... Page 4 of 8
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LR 3449
Item 1

 
Sec. 4. 8 MRSA §227, as amended by PL 1991, c. 464, §2, is
repealed.

 
Sec. 5. 8 MRSA §§227-A and 227-B are enacted to read:

 
§227-A.__Requirements for obtaining permit

 
1.__Application.__Any person desiring to hold a display or
special effects display shall apply in writing to the
commissioner for a permit at least 10 days in advance of the
proposed display.

 
2.__Form.__Application requests must be submitted on forms
furnished by the department.__An application for a permit must
include:

 
A.__A certificate of public liability insurance in the
amount of $500,000 to cover loss, damage or injuries to
persons or property that might result from the display; and

 
B.__A site plan for the proposed display depicting a diagram
of the grounds or facilities at which or in which the
display will be held.__The diagram must show points of
discharge, fallout areas, any buildings or other structures
in proximity to the display site and the location of any
audience that may be present.__Distances of and distances
between the points of discharge and any buildings or
structures must be stated on the diagram.

 
3.__Regulation restricted.__Except as provided in subsection
4, a political subdivision of the State, including, but not
limited to, a municipality, county, township or village
corporation, may not adopt any order, ordinance, rule or
regulation concerning the issuance of permits.

 
4.__Exception.__This section does not prohibit an order,
ordinance, rule or regulation of any political subdivision that,
with the exception of appropriate penalty provisions, conforms
exactly with any applicable provision of state law or that
regulates the issuance of permits within a jurisdiction.

 
5.__Fees.__The following schedule of fees applies to permits
required by this section.__All fees received by the department
must be used for carrying out this chapter.__Any balance of these
fees does not lapse but must be carried forward as a continuing
account to be expended for the same purpose in the following
fiscal years.

 
A.__Permit: $30 per display or special effects display.

 
B.__Site inspection: $15 per inspection.


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