10- 144 C.M.R. ch. 205, § 1 - GENERAL PROVISIONS

1.A. License required: No person, corporation, firm or partnership shall conduct, control, manage or operate, for compensation, directly or indirectly, any park, agricultural fair campground, or temporary campground unless the same shall be licensed by the Department.

1.B. License posted: Licenses issued must be displayed at the office of the park or in a place readily visible to customers and other persons using a licensed park.

1.C. Applicant: Any person, corporation, firm or partnership desiring a license shall submit satisfactory evidence of his, her or its ability to comply with the minimum standards of these rules.

1.D. Exceptions: Any park, licensed by the Department prior to the effective date of these rules, which may not comply with all design and construction standards of these rules, shall be deemed acceptable for licensing if capable of being maintained and operated in a sanitary condition.

1.E. Existing parks: Parks existing as of the date of enactment of these rules shall be licensed for the number of existing approved sites within the park available for lease and parks under development with plans submitted and approved by the Department or other Statutory Authority shall be licensed provided that the proposed developments do not include hazards to public health and safety.

1.F. Number of sites: Each application for new license and renewal of license shall include information specifying the number of approved sites within the park that shall be available for lease during the license year. The owner or person in charge of the park shall not permit the placement of any R.V.'s exceeding the number of sites approved on the issued license.

1.G. License fees: Each application for, or for renewal of, a license to operate a park shall be accompanied by the required fee. The following schedule of fees are required for licensing of parks: Base fee $45.00 plus $1.00 per site to a maximum of $125.00.

1.G.1. Fees for additional inspections: All such fees are for the license, 2 licensure inspections and one follow-up inspection. When additional inspections are required to determine an applicant's eligibility for licensure, the Department may charge an additional fee of $20 for costs for each additional inspection required.

1.G.2. Failure to pay fees: Failure to pay such charges within 30 days of the billing date shall constitute grounds for revocation of said license, unless an extension for a period not to exceed 60 days is granted in writing by the Commissioner.

1.G.3. No refunds: No fees shall be refunded.

1.H. Issuance of license: The Department shall, within 30 days following receipt of application and the appropriate license fee, issue a license to operate a park which is found to comply with Chapter 562 and these rules. No license shall be assignable or transferable.

1.H.1. Conditional licenses: When any applicant is found, based upon an inspection by the Department or by municipal inspection made according to 22 M.R.S.A. §2499, not in compliance with the requirements of Chapter 562 or these rules, the Department may refuse issuance of the initial license, but shall issue a conditional license, except when conditions are found which present a serious danger to the health and safety of the public. A conditional license shall not exceed 90 days. Failure by the conditional licensee to meet the conditions specified by the Department shall permit the Department to void the conditional license. The conditional license shall be void when the Department has delivered in hand or by certified mail a written notice to the conditional licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left notice thereof at the facility.

1.H.2. Term of license: A full-year license shall be issued for one year from the date of issuance.

1.H.3. Relicensure: The Department shall notify license holders no less than 30 days prior to the expiration of their license and provide them with any necessary forms for relicensure.

1.H.4. Issued in error: Licenses erroneously issued by the Department shall be considered void and shall be returned to the Department on demand.

1.I. Right of entry and inspection: The Department and any duly designated officer or employee of the Department shall have the right, without an administrative inspection warrant, to enter upon and into the premises of any establishment licensed pursuant to chapter 562 and these rules at any reasonable time in order to determine the state of compliance with this chapter and any rules in force pursuant thereto. Such right of entry and inspection shall extend to any premises which the Department has reason to believe is being operated or maintained without a license, but no such entry or inspection of any premises may be made without the permission of the owner or person in charge, unless an administrative search warrant authorizing entry and inspection is obtained.

1.J. Right of appeal: Any person aggrieved by any decision of the Department, including the promulgation of any rules, may, within 30 days of the decision or the publication of the rules, request an administrative hearing in accordance with Maine's Administrative Procedure Act.

1.K. Rules: The Department is authorized and empowered to make, revise and enforce all necessary rules for the administration of 22 M.R.S.A. chapter 562.

1.L. Suspension or revocation; appeals: When the Department believes a license should be suspended or revoked, it shall file a statement or complaint with the Administrative Court Judge and shall furnish a copy of the statement or complaint to the license holder. A person aggrieved by the refusal of the Department to issue a license may, within 30 days request an administrative hearing in accordance with Maine's Administrative Procedure Act.

1.M. Penalties: Any person, corporation, firm or partnership who shall operate any park without first obtaining a license as required by 22 M.R.S.A., §2492 shall, upon conviction thereof, be punished by fine of not less than $l0 nor more than $l00, and upon second or subsequent conviction, shall be punished by a fine of not less than $l00. Each day any such person, corporation, firm or partnership operates without obtaining a license shall constitute a separate offense. In the event of any violation of this section or any rule hereunder, the Attorney General may seek to enjoin further violation thereof, in addition to any other remedy.

1.N. Severability: The provisions of the rules are severable. If any provision of the rules is invalid, or if the application to any person or circumstance is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.

1.O. Variance: The Department may, upon consideration, permit a modification or variance from these rules when compliance with the provisions of these rules would incur hardship out of proportion to the degree of public health protection secured thereby.

1.P. Definitions

1.P.1. Approved: In compliance with Department established rules and standards or alternatives approved by the Department which are consistent with minimum public health practices.

1.P.2. Agricultural Fair Campground: An Agricultural Fair Campground is a campground operated by an Agricultural Fair licensed by the Department of Agriculture.

1.P.3. Campground: A tent and recreational vehicle park or wilderness recreational park.

1.P.4. Caravan: An organized group of independent R.V.'s traveling together.

1.P.5. Commissioner: The Commissioner of Human Services.

1.P.6. Department: The State of Maine Department of Human Services.

1.P.7. Dumping Station: A facility used for removing and disposing of wastes from R.V. holding tanks.

1.P.8. Non-water carried sewage disposal facilities: Non-water carried sewage disposal facilities include pit privies, vault privies, chemical toilets, and composting toilets.

1.P.9. Park: Any tent, tent and R.V.'s, and wilderness recreational park.

1.P.10. Primitive site: A site which does not have access to water, sanitary buildings and is located in a wilderness recreational park.

1.P.11. Proprietor: Any person, corporation, firm, organization, municipality, or partnership who shall own or operate any park.

1.P.12. Rallies: Any organized assembly of R.V.'s.

1.P.13. Recreational vehicle: Any of the following:

1.P.13.a. Travel R.V.: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacational uses, permanently identified travel R.V. by the manufacturer of the R.V.

1.P.13.b. Pick-up coach: A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

1.P.13.c. Motor home: A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

1.P.13.d. Camping trailer: A canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use.

1.P.13.e. Dependent R.V.: An R.V. which is dependent upon a service building for toilet and lavatory facilities.

1.P.13.f. Self-contained/Independent R.V.: An R.V. which can operate independent of connections to sewer, water and electric systems. It may contain water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and grey water and sewage holding tanks located within the R.V.

1.P.14. R.V.: A recreational vehicle.

1.P.15. Safaris: See Rallies.

1.P.16. Service building: A structure housing toilet, lavatory and such other facilities as may be required by these rules.

1.P.17. Service sink: A slop sink for the disposal of liquid wastes from R.V.

1.P.18. Sewer connection: The connection consisting of all pipes, fittings and appurtenances from the drain outlet of the R.V. to the inlet of the corresponding sewer riser pipe of the sewage system serving the park.

1.P.19. Sewer riser pipe: That portion of the sewer lateral which extends vertically to the ground elevation and terminates at a site.

1.P.20. Site: A parcel of land for placement of a R.V. and/or tent.

1.P.21. Shall: A term used to indicate that which is required, the only acceptable method under these rules.

1.P.22. Should: A term used to reflect the most preferable procedure, yet providing for use of effective alternatives.

1.P.23. Temporary Campground: A campground set up or run for a particular event or events not to exceed 12 days in calendar year.

1.P.24. Water riser pipe: That portion of the water supply system which extends vertically to the ground elevation and terminates at a point at a site.

1.P.25. Watering station: A facility for supplying water storage tanks of R.V.'s with potable water.

1.P.26. Wilderness recreational park: A park which contains only primitive sites.

Notes

10- 144 C.M.R. ch. 205, § 1