Current through 2024-38, September 18, 2024
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.
