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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

February 21, 2001
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 330, Minimum Standards for Mental Illness Benefits - Revised
PROPOSED RULE NUMBER: 2000-P291
CONCISE SUMMARY: This rule is to clarify the requirements of 24 MRSA 2325-A, 24-A MRSA 2843, and 24-A MRSA 4234-A, by establishing standards to assure equitable health care for the treatment of mental illness or nervous conditions. These amendments were initially proposed for rulemaking without a hearing per notice dated December 19, 2000. This hearing is being scheduled pursuant to 5 MRSA 8052(l) since a hearing was requested by more than five interested persons.
STATUTORY AUTHORITY: 24 MRSA 2325-A, 24-A MRSA 2843, 24-A MRSA 4234-A, and 24-A MRSA 212.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: March 16, 2001, 9:00 a.m., Androscoggin Room, Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: March 26, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423


AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: State of Maine Standard for the Design and Installation of Life Safety Sprinkler Systems
PROPOSED RULE NUMBER: 2001-P29
CONCISE SUMMARY: This rule establishes the design, installation, operation, maintenance, testing and all other aspects of sprinkler protection for occupancies and structures with sprinkler system fire protection measures and incorporates, by reference, the appropriate NFPA and State of Maine Standards. The following, latest edition, standards will be incorporated by reference: NFPA #13, 13D, 13R, 14, 15, 16, 20, 22, 24, 25, 33, 214, 318, 409, 418 and 750. The State of Maine Standards will be: State of Maine Standard for Life Safety Sprinkler Systems; and State of Maine Standard for the Hydro-Pro Wet or Dry Sprinkler System. This agency proposes moving the subject matter content of chapter 248, Sprinkler Procedures and Fees for Certification, Licensing and Registration into this chapter. The statutory authority associated with the consolidated chapter rules will be: Title 25 MRSA 2396; 2452; Title 32 MRSA 1372; 1373; 1374; 1377 and 1382. It is further proposed by this agency that the title of this Chapter 4 will-be: Sprinkler Systems. With the consolidation of these sprinkler system subjects, Chapters 8, 9, 10, 12, 13, 14, 241, 243, 245 and 248 will be repealed.
STATUTORY AUTHORITY: Title 25 MRSA 2396; 2452; Title 32 MRSA 1372; 1373; 1374; 1377 and 1382

RULE TITLE OR SUBJECT: Portable Fire Extinguishers
PROPOSED RULE NUMBER: 2001-P30
CONCISE SUMMARY: This rule is an incorporation, by reference, to the NFPA Standard # 10, Standard for Portable Fire Extinguishers, 1998 Edition. The provisions of this rule apply to the selection, installation, inspection, maintenance and testing of portable extinguishing equipment.
STATUTORY AUTHORITY: Title 25 MRSA, 2452

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Foam Extinguishing Systems
PROPOSED RULE NUMBER: 2001-P31
CONCISE SUMMARY The purpose of this rule is to establish the rules and regulations for the installation, operation, maintenance, testing and all other aspects of fire protection systems for occupancies and structures that require such fire protection measures and reference the following, latest edition, NFPA Standards:
NFPA # 11, Standard for Low Expansion Foam Systems, 1998 edition
NFPA # 11 A, Standard for Medium and High Expansion Foam Systems, 1999 edition
NFPA # 12, Standard for Carbon Dioxide Extinguishing Systems, 2000 edition
NFPA # 17, Standard for Dry Chemical Extinguishing Systems, 1998 edition
NFPA # 17A, Standard for Wet Chemical Extinguishing Systems, 1998 edition
NFPA # 18, Standard for Wetting Agents, 1995 edition
NFPA # 2001, Standard on Clean Agent Fire Extinguishing Systems, 2000 edition
It is proposed by this agency that this chapter title be changed to "Fire Extinguishing Systems" to more accurately reflect the intent and subject matter content of this chapter rule. With the consolidation of the subject matter content into this chapter, Chapters 7 and 11 will be repealed.
STATUTORY AUTHORITY: Title 25 MRSA 2452; Title 32 MRSA 1377; 1382

RULE TITLE OR SUBJECT: Carbon Dioxide Extinguishing Systems
PROPOSED RULE NUMBER: 2001-P32
CONCISE SUMMARY The subject matter content, and associated reference material of this chapter, Carbon Dioxide Extinguishing Systems, is proposed to be moved into Chapter 6 under the proposed renamed chapter title of Fire Protection Systems.
STATUTORY AUTHORITY: Title 25 MRSA 2452

RULE TITLE OR SUBJECT: Ch. 8 - NFPA #13, Standard for the Installation of Sprinkler Systems
PROPOSED RULE NUMBER: 2001-P33
CONCISE SUMMARY: This rule is an agency incorporation, by reference, to the NFPA Standard #13, Standard for the Installation of Sprinkler Systems - 1999 Edition. The subject matter content, and associated reference material of this chapter, Standard for the Installation of Sprinkler Systems, is proposed to be moved into Chapter 4 under the proposed chapter title of Sprinkler Systems. It is also proposed by this agency that the referenced NFPA standard to updated to the latest (1999) edition.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1377, 1382

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Standard for the Installation of. Standpipe and Rose Systems
PROPOSED RULE NUMBER: 2001-P34
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NPFA Standard #14, Standard for the Installation of Standpipe and Hose Systems. This agency is proposing that the referenced standard be updated to the latest (1996) edition. The subject matter content, and associated reference material of this chapter, NFPA #14, Standard for the Installation of Standpipe and Hose Systems, is proposed to be moved into Chapter 4 under the proposed title of Sprinkler Systems.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1377; 1382

RULE TITLE OR SUBJECT: Water Spray Fixed Systems for Fire Protection
PROPOSED RULE NUMBER: 2001-P35
CONCISE SUMMARY This chapter gives general information and provisions relating to the water spray fixed systems. This chapter also gives more specific information and regulation on the following: system components, water supplies, system design and installation, acceptance tests, and the periodic testing and maintenance. This chapter provides very precise plans, specifications and calculations for the installation of such systems and information on automatic detection equipment. This agency incorporates by reference the NFPA Standard #15, Water Spray Fixed Systems - 1996 Edition. It is also proposed by this agency to move the subject matter content of this chapter into Chapter 4, Sprinkler Systems for consolidation and clarification purposes.
STATUTORY AUTHORITY: Title 25 MRSA 2452

RULE TITLE OR SUBJECT: Dry Chemical Extinguishing Systems
PROPOSED RULE NUMBER: 2001-P36
CONCISE SUMMARY: This chapter includes minimum requirements for dry chemical fire extinguishing systems that discharge dry chemical from fixed nozzles and piping nozzles and piping or from hose lines by means of expellant gas. It contains only the essentials and suggestions to make the standard workable in the hands of those skilled in this field. This standard is prepared for the use and guidance of those charged with the purchasing, designing, installing, testing, inspecting, approving, listing, operating and maintaining of dry chemical extinguishing systems. This agency incorporates by reference the NFPA Standard number 17, Dry Chemical Extinguishing Systems, 1998 Edition. It is proposed by this agency that the subject matter content of this chapter, Dry Chemical Extinguishing Systems, be moved into Chapter 6 under the proposed chapter title of Fire Extinguishing Systems.
STATUTORY AUTHORITY: Title 25 MRSA 2452

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Standard for the Installation of Centrifugal Fire Pumps
PROPOSED RULE NUMBER: 2001-P37
CONCISE SUMMARY This agency incorporates by reference the NFPA Standard number 20, Standard for the Installation of Stationary Pumps for Fire Protection - 1999 Edition. It is proposed by this agency that the subject matter content of this chapter, Standard for the Installation of Stationary Pumps for Fire Protection, be moved into Chapter 4, under the proposed title of Sprinkler Systems.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1377; 1382

RULE TITLE OR SUBJECT: Water Tanks for Private Fire Protection
PROPOSED RULE NUMBER: 2001-P38
CONCISE SUMMARY This rule is an incorporation by reference to the NFPA Standard number 22, Standard for Water Tanks for Private Fire Protection - 1998 Edition. This chapter contains minimum requirements for the design, construction, installation and maintenance of tanks and accessory equipment for supplying water for fire extinguishments; including, gravity and pressure tanks, towers and foundations, pipe connections and fittings, valve enclosures and frost protection, and tank heating equipment.
STATUTORY AUTHORITY: Title 25 MRSA 2452

RULE TITLE OR SUBJECT: Standard for the Installation of Private Fire Service Mains and their Appurtenances
PROPOSED RULE NUMBER: 2001-P39
CONCISE SUMMARY: This rule is an incorporation, by reference, to the NFPA Standard #24, Standard for the Installation of Private Fire Service Mains and Their Appurtenances - 1995 Edition. This chapter establishes the minimum requirements for the installation of private fire mains and their appurtenances supplying automatic sprinkler systems, open sprinkler systems, water spray fixed systems, private hydrants, monitor nozzles or standpipe systems with references to water supplies, private hydrants, and hose houses.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1377,1382

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Dry Cleaning Plants
PROPOSED RULE NUMBER: 2001-P40
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard #32, Dry Cleaning Plants. This standard is intended to provide reasonable safeguards for the prevention and control of fire and explosion hazards incident to dry cleaning operations and for the protection of the employees and the public. This rule is proposed for update of the referenced NPFA Standard # 32, Dry Cleaning Plants to the latest 2000
STATUTORY AUTHORITY: Title 25 MRSA 2452

RULE TITLE OR SUBJECT: Spray Application
PROPOSED RULE NUMBER: 2001-P41
CONCISE SUMMARY: This rule is an agency incorporation, by reference, to the NFPA Standard # 33, Standard for Spray Application Using Flammable and Combustible Materials. This standard covers the application of flammable and combustible materials when applied as a spray by compressed air, "airless" or "hydraulic atomization", or by steam, or electrostatic methods or by any other means in continuous or intermittent process. This rule also covers the application of combustible powders when applied by powder spray guns, electrostatic powder spray guns, fluidized beds or electrostatic fluidized beds. This rule is proposed for update of the referenced NFPA Standard #33, Spray Application Using Flammable and Combustible Materials, to the latest 2000 edition.
STATUTORY AUTHORITY: Title 25 MRSA, 2441

RULE TITLE OR SUBJECT: Dip Tanks
PROPOSED RULE NUMBER: 2001-P42
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NPFA Standard # 34, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids. This standard applies to operations in which articles or materials are passed through contents of tanks, vats or containers of flammable liquids or combustible liquids, including coating, finishing, treating and similar processes. This rule is proposed for update of the referenced NFPA Standard #34, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids to the latest 2000 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2441

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Stationary Combustion Engines and Turbines
PROPOSED RULE NUMBER: 2001-P43
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard #37, Standard for the Installation and Use of Stationary Combustion Engines and Turbines. This standard applies to the installation and operation of stationary combustion engines and gas turbines in and within 15 feet of a structure, such as a building, a travel trailer, a mobile home or mobile laboratory. This standard also applies to portable engines used instead of, or to supplement, stationary engines. This rule is proposed for update of the referenced NFPA Standard #37, Standard for the Installation and Use of Stationary Combustion
Engines and Gas Turbines to the latest 1998 edition.
STATUTORY AUTHORITY: Title 25 MRSA 37

RULE TITLE OR SUBJECT: Bulk Oxygen Systems
PROPOSED RULE NUMBER: 2001-P44
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard #50, Standard for Bulk Oxygen Systems at Consumer Sites. This standard contains the minimum requirements and regulation on the following areas: location of bulk oxygen systems and exposures, bulk oxygen storage containers, piping, tubing, fittings, safety relief devices, liquid oxygen vaporizers, equipment assembly and installation, operating instructions and maintenance. This rule is proposed for update of the referenced NFPA Standard #50, Standard for Bulk Oxygen Systems at Consumer Sites to the latest 2000 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2441

RULE TITLE OR SUBJECT: Hydrogen Systems
PROPOSED RULE NUMBER: 2001-P45
CONCISE SUMMARY This rule is an agency incorporation of NFPA Standard # 50A, Standard for Gaseous Hydrogen Systems at Consumer Sites, and NFPA Standard # 50B, Standard for Liquefied Hydrogen Systems at Consumer Sites. This rule is intended to develop fire safety codes, standards, recommended practices and manuals as may be considered desirable covering the storage, transfer and use of industrial and medical gases. Included are the storage and handling of such gases in their gaseous or liquid phases, the installation of associated storage, piping, and distribution equipment and operating practices. It is proposed that the referenced NFPA Standard # 50A, Standard for Gaseous Hydrogen Systems at Consumer Sites, be updated to the latest 1999 edition and NFPA Standard # 50B, Standard for Liquefied Hydrogen Systems at Consumer Sites, be updated to the latest 1999 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2441

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Welding and Cutting Process and Acetylene Cylinder Charging Plants
PROPOSED RULE NUMBER: 2001-P46
CONCISE SUMMARY This rule is an agency incorporation of the following NFPA Standards:
NFPA Standard # 51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes.
NFPA Standard # 51A, Standard for Acetylene Cylinder Charging Plants
NFPA Standard # 51B, Standard for Fire Prevention During Welding, Cutting and other Hot Work
This rule is proposed for update of the referenced NFPA Standard # 51 to the latest 1997 edition, NFPA Standard # 51A to the latest 2000 edition, and NFPA Standard # 51B to the latest 1999 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2441

RULE TITLE OR SUBJECT: National Fuel Gas Code
PROPOSED RULE NUMBER: 2001-P47
CONCISE SUMMARY This agency incorporates, by reference, the NFPA Standard 54, National Fuel Gas Code. This rule is proposed for update of the referenced NFPA Standard, National Fuel Gas Code, to the latest 1999 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2452

RULE TITLE OR SUBJECT: Fire Protection Rules and Regulations for Medical Facilities and Equipment
PROPOSED RULE NUMBER: 2001-P48
CONCISE SUMMARY This rule establishes criteria to minimize the hazards of fire, explosion, and electricity in health care facilities. This criteria includes performance, maintenance, testing and safe practices for facilities, material, equipment and appliances and includes other hazards associated with fire and life safety. This rule is an agency incorporation, by reference, to the following NFPA Standards:
NFPA # 99, Standard for Health Care Facilities, 1999 edition
NFPA # 99B, Standard for Hypobaric Facilities, 1999 edition
NFPA # 110, Standard for Emergency and Standby Power Systems, 1999 edition
This rule is proposed to update the referenced NFPA Standards to the latest edition and reflect the repeal of reference to NFPA Standards 56A, 56B, 56C, 56D, 56F, and 56G as the NFPA has consolidated the subject matter content of these standards into the 99 and 99B Standards.
STATUTORY AUTHORITY: Title 25 MRSA 2441

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Storage and Handling of Liquid Petroleum Gases
PROPOSED RULE NUMBER: 2001-P49
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NPFA Standard # 58, Liquefied Petroleum Gas Code and the NFPA Standard # 59, Standard for the Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants. It is proposed by this agency to update the referenced NFPA Standard # 58, Liquefied Gas Code to the latest 1998 edition and update the NFPA Standard # 59, Storage and Handling of Liquefied Petroleum Gases at Utility Plants to the latest 1998 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2452

RULE TITLE OR SUBJECT: Essential Electrical Systems for Health Care Facilities
PROPOSED RULE NUMBER: 2001-P50
CONCISE SUMMARY This rule is an agency incorporation, be reference, to the NFPA Standard # 76A. The NFPA has consolidated the subject matter content of this standard into NFPA # 99, Standard for Health Care Facilities. As NFPA # 99 is the incorporated standard referenced in Chapter 23, this chapter is to be repealed.
STATUTORY AUTHORITY: Title 25 MRSA 2396; 2452

RULE TITLE OR SUBJECT: Lightning Protection Code
PROPOSED RULE NUMBER: 2001-P51
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard # 78. The NFPA has changed the number of this standard to NFPA # 780, Standard for the Installation of Lightning Protection Standards. It is proposed by this agency to adopt the latest, 1997 edition of this standard.
STATUTORY AUTHORITY: Title 25 MRSA 2396, 2452

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Vapor Removal From Cooking Equipment
PROPOSED RULE NUMBER: 2001-P52
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard # 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. It is proposed by this agency that the referenced NFPA Standard # 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, be updated to the latest 1998 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2452

RULE TITLE OR SUBJECT: Code for Safety and Life From Fire in Buildings and Structures
PROPOSED RULE NUMBER: 2001-P53
CONCISE SUMMARY: This rule is an agency incorporation, by reference, to the NFPA Standard 101, Life Safety Code. This chapter contains minimum requirements for the safety of life from fire in buildings and structures. Specific State of Maine requirements for use with the Life Safety Code are included in this chapter. It is proposed by this agency, to update the referenced NFPA 101, Life Safety Code to the latest 2000 edition. It is further proposed that the following NFPA Standards be included in this chapter to augment the Life Safety Code:
NFPA Standard # 80, Standard for Fire Doors and Windows, 1999 edition.
NFPA Standard # 220, Standard on Types of Building Construction, 1999 edition
STATUTORY AUTHORITY: Title 25 MRSA 2396; 2452

RULE TITLE OR SUBJECT: Tents, Grandstands, Air Supported Structures for Places of Assembly
PROPOSED RULE NUMBER: 2001-P54
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard # 102, Standard for Grandstands, Folding and Telescoping Seating, Tents and Membrane Structures. It is proposed by this agency that the referenced NFPA Standard # 102, Standard for Grandstands, Folding and Telescoping Seating, Tents and Membrane Structures, be updated to the latest 1995 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2396, 2452

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
PROPOSED RULE NUMBER: 2001-P55
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard # 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances. It is proposed by this agency that the referenced NFPA Standard # 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances, be updated to the latest 1996 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2396, 2452

RULE TITLE OR SUBJECT: Purged and Pressurized Enclosures for Electrical Equipment
PROPOSED RULE NUMBER: 2001-P56
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NPFA Standard # 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment. It is proposed by this agency that the referenced NFPA Standard # 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, be updated to the latest 1998 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2152

RULE TITLE OR SUBJECT: Standard for the Use of Pyrotechnics Before a Proximate Audience
PROPOSED RULE NUMBER: 2001-P57
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NPFA Standard 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience. It is proposed by this agency that the referenced standard, NFPA 1126, be updated to the latest (1996) edition. it is further proposed by this agency that the NFPA Standard 160, Standard for Flame Effects Before an Audience, 1998 Edition, be incorporated, by reference, for consistency with industry standards.
STATUTORY AUTHORITY: Title 8 MRSA 227

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Rules for the Use of Dynamite and Explosives
PROPOSED RULE NUMBER: 2001-P58
CONCISE SUMMARY These rules provide for the reasonable safeguarding of Maine citizens through regulation of the manufacture, transportation, storage, sale and use of explosive materials. Fees for required inspections and permits are established; civil violation forfeitures are established. A provision requiring certificates of public liability insurance are established. It is proposed by this agency that the State of Maine Office of State Fire Marshal, Rules for the Manufacture, Transportation, Storage and Use of Explosives, Effective January 15, 1991, be repealed and replaced with the NFPA Standard 495, Explosive Materials Code - 1996 Edition. Update of this incorporated reference will maintain consistency with industry standards. State of Maine language necessary for safe operations of explosives will be maintained as addendum to NFPA 495 and this Chapter.
STATUTORY AUTHORITY: 25 MRSA 2441

RULE TITLE OR SUBJECT: Standard for General Rack Storage
PROPOSED RULE NUMBER: 2001-P59
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NPFA Standard # 231, Standard for General Storage. The NFPA has consolidated all general storage criteria into NFPA Standard # 230, Standard for the Fire Protection of Storage. It is proposed by this agency that the incorporated reference for this rule be NFPA Standard # 230, Standard for the Fire Protection of Storage, 1999 edition. Incorporated reference to NFPA #231 will be repealed. It is further proposed by this agency that the title of this chapter will be "Standard for the Fire Protection of Storage" to be consistent with subject matter content.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1382

RULE TITLE OR SUBJECT: Standard for Rack Storage of Materials
PROPOSED RULE NUMBER: 2001-P60
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard # 231C, Standard for Rack Storage of Materials. The NFPA has consolidated the subject matter content of this standard into NFPA # 230, Standard for the Fire Protection of Storage, 1999 edition. As NFPA Standard # 230 is the incorporated reference of Rule Chapter 239, it is proposed by this agency that this chapter, Chapter 240, be repealed.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1382

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Standard for the Inspection, Testing and Maintenance of Water-based Fire Protection Systems
PROPOSED RULE NUMBER: 2001-P61
CONCISE SUMMARY, This rule is an incorporation, by reference, of the NFPA Standard #25, Standard for the Inspection, Testing and Maintenance of Water-based Fire Protection Systems - 1998 Edition. This rule establishes the minimum requirements for the periodic inspection, testing and maintenance of water-based fire protection systems, including land-based and marine applications.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1382

RULE TITLE OR SUBJECT: Standard for Storage of Rubber Tires
PROPOSED RULE NUMBER: 2001-P62
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard # 231D, Standard for Storage of Rubber Tires. It is proposed by this agency that the incorporated reference, be updated to the latest 1998 edition.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1382

RULE TITLE OR SUBJECT: Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes
PROPOSED RULE NUMBER: 2001-P63
CONCISE SUMMARY: This rule is an agency incorporation, by reference, to the NFPA Standard # 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes - 1999 Edition. This chapter covers the design and installation of automatic sprinkler systems for protection against fire hazards in one and two family dwellings and manufactured homes.
STATUTORY AUTHORITY: Title 25 2396; Title 32 1382

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963

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AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal

RULE TITLE OR SUBJECT: Standard for the Storage of Roll Paper
PROPOSED RULE NUMBER: 2001-P64
CONCISE SUMMARY This rule is an agency incorporation, by reference, to the NFPA Standard # 231F, Standard for the Storage of Roll Paper. The NFPA has consolidated the subject matter content of this standard into NFPA Standard # 230, Standard for the Fire Protection of Storage, 1998 edition. As NFPA Standard # 230 is the incorporated reference of Rule Chapter 239, it is proposed by this agency that this chapter, Chapter 244, be repealed.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1382

RULE TITLE OR SUBJECT: Standard For the Installation of Sprinkler Systems in Residential Occupancies Up To and Including Four Stories in Height
PROPOSED RULE NUMBER: 2001-P65
CONCISE SUMMARY This rule is an incorporation, by reference, to the NFPA Standard #13R, Standard for the installation of Sprinkler Systems in Residential Occupancies Up To and Including Four Stories in Height - 1999 Edition. This chapter covers the design and installation requirements for sprinkler systems to aid in the detection and control of fires in residential occupancies and provide protection against life loss, injury, and property damage.
STATUTORY AUTHORITY: Title 25 MRSA 2396; Title 32 MRSA 1382

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963


AGENCY: 01-015 - Maine Milk Commission

RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #04-01
PROPOSED RULE NUMBER: 2001-P66
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 9:00 a.m., Thursday, March 8, 2001, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: March 8,2001

RULE TITLE OR SUBJECT: Ch. 29, New Dealer Margins
PROPOSED RULE NUMBER: 2001-P67
CONCISE SUMMARY: Dealer Margins based on a Model Dairy Study and adjustments made to reflect Maine Conditions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 2001

NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch.1, Motor Vehicle Inspection Manual
PROPOSED RULE NUMBER: 2001-P68
CONCISE SUMMARY: This rule contains the standards for motor vehicle safety inspections for Maine, including motor vehicles (passenger cars), motorcycles, commercial vehicles (trucks and buses), and school buses, as well as the administrative rules for the safety inspection program.
This will be a complete revision of the Manual.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 1769
PUBLIC HEARING: March 12, 2001, 10:00 a.m., Conference Room, Department of Public Safety building, 397 Water Street Gardiner, Maine
DEADLINE FOR COMMENTS: March 22, 2001
AGENCY CONTACT PERSON: Sgt. Jan Stetson Reynolds
AGENCY NAME: Department of Public Safety, Bureau of State Police
ADDRESS: State House Station 20, Augusta, Maine 04333
TELEPHONE: 624-8939


AGENCY: 02-383 - Board of Osteopathic Licensure (affiliated with the Department of Professional & Financial Regulation)
RULE TITLE OR SUBJECT: Ch. 17, Physician/Physician Assistant - Patient Boundaries - Gifts
PROPOSED RULE NUMBER: 2001-P69
CONCISE SUMMARY: The purpose of this rule is to identify under what circumstances the giving or receiving of gifts by a physician or physician assistant is considered as unprofessional conduct.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2562 & 2581
PUBLIC HEARING: Thursday, March 15, 2001, 9:00 a.m., Lower Level Conference Room Two, Bangor Street, Augusta, ME 04330
DEADLINE FOR COMMENTS: Monday, March 26, 2001, 4:30 p.m.
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor St., Augusta, ME 04333-0142
TELEPHONE: 207/287-2480


ADOPTIONS

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services

CHAPTER NUMBER AND TITLE: Ch. 316, Rental of Tangible Personal Property
ADOPTED RULE NUMBER: 2001-45
CONCISE SUMMARY: Rule 316 has been repealed because it was outdated.
EFFECTIVE DATE: February 7, 2001

CHAPTER NUMBER AND TITLE: Ch. 801, Apportionment of Income
ADOPTED RULE NUMBER: 2001-46
CONCISE SUMMARY: The purpose of Rule 801 is to explain the apportionment of income of corporations as required by 36 MRSA 5102(8). The Rule also explains the calculation of an apportionment percentage by other taxpayers when such taxpayers are required to use the income apportionment method set out in 36 MRSA Chapter 821. For example, the Rule applies to "S" corporation shareholders, partners, estates and trusts, and to nonresident individuals who have income from business activity both within and without Maine. (See 36 MRSA 5142(6).) This Rule governs the calculation of an apportionment percentage by all taxpayers who are required to use the apportionment method set out in 36 MRSA 5211. The Rule is being repealed and replaced in order to belatedly accommodate numerous changes required because of Maine's repeal of the business/nonbusiness income distinction in 1987, as well as make other updates.
EFFECTIVE DATE: February 17, 2001

AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
(207) 624-9681


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 565, Nutrient Management Rules
ADOPTED RULE NUMIBER: 2001-49
CONCISE SUNEV[ARY These proposed changes to the Nutrient Management Rules include updates to conform with the updated Nutrient Management Law from the past Legislative Session. Also included are proposed rules for variances on Winter Manure Spreading Ban and on Nutrient Management Law implementation dates. Proposed changes also include an appeal process for variances, process for revocation of Nutrient Management Planner Certification and revocation of full or provisional Livestock Operation Permits. Changes on Concentrated Animal Feeding Operations (CAFO) designation are also included.
EFTECTIVE DATE: February 17, 2001
AGENCY CONTACT PERSON: Paryse C. Turgeon
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources / OANRR
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-5941


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 2.04, Rules Pertaining to Fishing Derbies and Tournaments
ADOPTED RULE NUMBER: 2001-50
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the total cash value of prizes that may he awarded for fishing derbies and tournaments from $5,000 to $10,000 and $10,000 to $20,000 when the derby or tournament is of a statewide nature or only involves waters not managed by the department for cold water fish species.

CHAPTER NUMBER AND TITLE: Ch. 4, Moose Hunting
ADOPTED RULE NUMBER: 2001-51
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing allocations for moose permits in the Wildlife Management Districts open to moose hunting. The allocations were. adopted as proposed.

EFFECTIVE DATE: February 17, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #03-01
ADOPTED RULE NUMBER: 2001-52
CONCISE SUMMARY: Minimum March, 2001 producer Class I price is $16.94 plus $.15 Producer Cost of Production for a total of $17.09. Class III minimums set at $9.99. These changes were passed on in minimum prices.
EFFECTIVE DATE: March 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director
Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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