| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 22 MRSA §7904-A, sub-§1, as amended by PL 1997, c. 728, §9, is | | further amended to read: |
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| | | 1. Inspection required. A license may not be issued by the | | department to a residential care facility 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, which must indicate that the residential care | | facility has complied with applicable fire safety provisions | referred to in Title 25, section 2452, must be furnished annually | to the department. |
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| | | Sec. 2. 22 MRSA §7904-A, sub-§§3, 4 and 5, as amended by PL 1997, c. 728, | | §9, are repealed. |
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| | | Sec. 3. 22 MRSA §7904-A, sub-§§8, 9, 10 and 11 are enacted to read: |
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| | | 8.__Requirements for residential care facilities.__Residential | | care facilities must comply with the following provisions of the | | National Fire Protection Association Life Safety Code adopted by | | the Department of Public Safety, Office of the State Fire | | Marshal. |
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| | | A.__A residential care facility that has one to 3 beds must | | comply with the one-family and 2-family dwelling chapter of | | the Life Safety Code. |
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| | | B.__A residential care facility with 4 to 16 beds must | | comply with the sections of the Life Safety Code that apply | | to small facilities and with the new residential board and | | care occupancy chapter if that facility is a new facility or | | with the existing residential board and care occupancy | | chapter if that facility is an existing facility. |
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| | | C.__A residential care facility with more than 16 beds must | | comply with the sections of the Life Safety Code that apply | | to large facilities and with the new residential board and | | care occupancy chapter if that facility is a new facility or | | with the existing residential board and care occupancy | | chapter if that facility is an existing facility. |
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| | | 9.__Fire safety inspection and certificate of compliance | | required for licensure.__A fire safety inspection must be | | performed and a certificate of compliance must be provided to the | | department before a license to a residential care facility is | | issued.__Inspections must be scheduled to coincide with the term | | of the license. |
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