RULEMAKING

NOTICE OF STATE RULEMAKING PUBLIC INPUT FOR RULES A list of state agency rule proposals is published here each Wednesday. You can get a copy of a proposed rule by contacting the person listed in the notice. You can comment on a proposed rule by submitting a written comment to the agency or by attending the public hearing, if one is scheduled. If no hearing is scheduled, you can request one. The agency must hold a hearing if it receives 5 or more requests. If you have a disability and need assistance to participate in a hearing you should tell the agency at least 7 days before the hearing. ONLINE INFORMATION Weekly notices, full text of adopted rules, and a list of agency rulemaking contacts are available at this website: https://www.maine.gov/sos/cec/rules/index.html PROPOSALS AGENCY: 29-250 Department of Secretary of State, Bureau of Corporations, Elections, and Commissions CHAPTER NUMBER AND TITLE: Ch. 505, Voter List Maintenance Procedures TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P292 BRIEF SUMMARY: This rule was proposed by a private citizen in a petition signed by 150 or more registered voters. Under 5 M.R.S. Sec. 8055, the Department of Secretary of State is required to initiate rulemaking proceedings and invite public comment on the proposed rule. The proposed rule would repeal and replace the current rule governing maintenance of voter registration records under the National Voter Registration Act of 1993. The proposed rule would impose on municipal registrars new and modified requirements relating to voter list maintenance and the cancelation of ineligible voters. The rule would also create new standards for registrars to determine whether persons seeking to register to vote are qualified voters. If adopted by the agency, the rule would become effective sometime after the November 2024 general election. PUBLIC HEARING: None COMMENT DEADLINE: December 15, 2024 CONTACT PERSON FOR THIS FILING: Melissa Packard, Director of Elections, Bureau of CEC, 184 State House Station Augusta, Maine 04333-0184. Telephone: (207) 624-7736. E-mail: Melissa.Packard@Maine.gov. CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This proposed rule would require municipalities to pay the costs of mass confirmation mailings to voters, which must occur at least once every five years. Currently, the Department of Secretary of State conducts these mailings and pays the costs of them. Cost would vary depending on the size of the municipality and the selection criteria used for the mailings. Municipalities would also be responsible for litigation costs arising from any legal challenge under the National Voter Registration Act of 1993 to their administration of the required list-maintenance program. AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board CHAPTER NUMBER AND TITLE: Chapter 1, Maine Uniform Building and Energy Code - Administrative Procedures TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P293 BRIEF SUMMARY: Chapter 1 is an administrative chapter that clarifies who needs to enforce the MUBEC, and what codes make up the MUBEC. It also establishes the amendment procedure to the MUBEC. The rule contains several critical definitions as required by Statute to clarify the MUBEC. As directed by the legislature this rule makes previously optional standards part of the code and adds one new code. PUBLIC HEARING: n/a COMMENT DEADLINE: November 29, 2024 CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052 207-626-3888, Gregory.J.Day@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board CHAPTER NUMBER AND TITLE: Chapter 2, Maine Uniform Building and Energy Code - Third Party Inspectors ("TPI") TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P294 BRIEF SUMMARY: A municipality or Applicant may choose to engage a Third-Party Inspector (TPI) to review Construction Documents and inspect construction to ensure compliance with certain components of the MUBEC. In order to perform the duties enumerated in this rule for compensation, a TPI must be certified by the Maine Department of Public Safety, Office of State Fire Marshal. The specific inspection services under 30-A M.R.S. §4451 for compliance with the MUBEC is to be provided by the TPI and the level of remuneration shall be defined in a private written agreement signed by the TPI and the municipality, Applicant, or Client. PUBLIC HEARING: n/a COMMENT DEADLINE: November 29, 2024 CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3886, Gregory.J.Day@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a AGENCY: 16-642 Office of State Fire Marshal, Technical Building Codes and Standards Board CHAPTER NUMBER AND TITLE: Chapter 3: MAINE UNIFORM BUILDING AND ENERGY CODE - COMMERCIAL BUILDING CODE OF MAINE TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P295 BRIEF SUMMARY: This chapter establishes the Commercial Building Code component of the Maine Uniform Building and Energy Code "MUBEC." The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference. This chapter also contains requirements for the enforcement of the Statewide Commercial Building code by local building officials. PUBLIC HEARING: n/a COMMENT DEADLINE: November 29, 2024 CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board CHAPTER NUMBER AND TITLE: Chapter 4, Maine Uniform Building and Energy Code- Existing Building Code TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P296 BRIEF SUMMARY: This chapter establishes the Existing Building code component of the Maine Uniform Building and Energy Code ("MUBEC"). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference PUBLIC HEARING: n/a COMMENT DEADLINE: November 29, 2024 CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a. AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board CHAPTER NUMBER AND TITLE: Chapter 5 MAINE UNIFORM BUILDING AND ENERGY CODE - RESIDENTIAL BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS IN MAINE TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P297 BRIEF SUMMARY: This chapter establishes the Residential Building Code for One and Two-Family Dwellings component of the Maine Uniform Building and Energy Code ("MUBEC"). The provisions of this chapter are based on a nationally recognized model building code published by the International Code Council, Inc., and is made part of the MUBEC through incorporation by reference. PUBLIC HEARING: n/a COMMENT DEADLINE: November 29, 2024 CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board CHAPTER NUMBER AND TITLE: Chapter 6, Maine Uniform Building and Energy Code TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P298 BRIEF SUMMARY: All building construction within the State of Maine shall be governed by the MUBEC. The MUBEC is adopted by the Technical Building Codes and Standards Board pursuant to 10 M.R.S. Chapter 1103. The primary objective of the Board is to adopt, amend, and maintain the Maine Uniform Building and Energy Code. This chapter sets forth the regulation of the design and construction of buildings for the effective use of energy and is applicable to both residential and commercial buildings. PUBLIC HEARING: n/a COMMENT DEADLINE: November 29, 2024 CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: n/a FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a AGENCY: 16-642 Office of State Fire Marshal; Technical Building Codes and Standards Board CHAPTER NUMBER AND TITLE: Chapter 7 MAINE UNIFORM BUILDING AND ENERGY CODE - MECHANICAL CODE TYPE OF RULE: Routine Technical PROPOSED RULE NUMBER: 2024-P299 BRIEF SUMMARY: This chapter establishes the Mechanical Code component of the Maine Uniform Building and Energy Code "MUBEC". The provisions of this chapter are based on a nationally recognized model codes and Standards. PUBLIC HEARING: n/a COMMENT DEADLINE: November 29, 2024 CONTACT PERSON FOR THIS FILING: Gregory Day, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052, 207-626-3888, Gregory.J.Day@maine.gov CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Richard.e.taylor@maine.gov FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: n/a AGENCY: 01-669 Department of Agriculture, Conservation and Forestry, Bureau of Forestry CHAPTER NUMBER AND TITLE: 27, Standards for Timber Harvesting and Timber Harvesting Related Activities Within Unorganized and Deorganized Areas of The State TYPE OF RULE: Major Substantive PROPOSED RULE NUMBER: 2024-P300 BRIEF SUMMARY: Maine Forest Service rule Chapter 27 is being amended to be consistent and remove duplication with Maine Forest Service rule Chapter 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas. PUBLIC HEARING: November 13, 2024 at 9:00 a.m., Online (Teams) and in person at the Maine Forest Service Regional Office (Bolton Hill facility) at 2870 North Belfast Avenue, Augusta. COMMENT DEADLINE: November 23, 2024 CONTACT PERSON FOR THIS FILING: Morten Moesswilde morten.moesswilde@maine.gov Phone: 207-287-4906 Maine Forest Service, 22 State House Station, Augusta, ME 04333-0022 CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: N/A FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 10-144 Department of Health and Human Services, Division of Licensing and Certification CHAPTER NUMBER AND TITLE: 10-144 CMR Ch. 113, Assisted Housing Programs Licensing Rule TYPE OF RULE: Major Substantive PROPOSED RULE NUMBER: 2024-P301 BRIEF SUMMARY: This rulemaking repeals and replaces the current rule in force, 10-144 CMR Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs. The rule in force consists of ten parts, governing Assisted Living programs, four levels of Residential Care Facilities, four levels of Private Non-Medical Institutions, and Infection Prevention and Control. The proposed rule replaces those ten parts with two parts, Part A, Assisted Living Programs, and Part B, Residential Care Facilities. This simplified structure is designed to improve licensee understanding of and compliance with the rule and reflects revisions to 22 MRS §7852 enacted by PL 2023 c. 176. The provisions of the proposed rule have been updated to reflect current best practices in assisted housing. PUBLIC HEARING: 11/13/24 from 9 am-12 pm at 109 Capitol St, Augusta, ME and via Zoom at: https://mainestate.zoom.us/meeting/register/tZcsf-uvrDgvHdT-qLmxrTNRz86dvjMkQJmt COMMENT DEADLINE: 11/23/24 at 5 pm. CONTACT PERSON FOR THIS FILING: Jonathan Leach Division of Licensing and Certification 11 SHS 41 Anthony Ave., Augusta, ME 04330 Jonathan.h.leach@maine.gov Phone: (207) 287-5825; Fax: (207) 287-5807; TTY: Maine Relay 711 CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Same FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This rulemaking will have no financial impact on municipalities or counties.