Page 1 - 131LR0148(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 75 - L.D. 146
An Act to Clarify Assessment of Penalties for Tattoo Artists, Body Piercers,
Electrologists and Micropigmentation Practitioners and to Change
Requirements for the Approval of Public Pool and Spa Plans
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2662, sub-§4, as amended by PL 2007, c. 631, §4, is further
amended to read:
4. Residential spa.
installed or portable, that is used in connection with a single or multifamily residence, used
by tenants of apartment buildings, owners of condominiums or members of property
owners associations and available only to these residents and their private guests or used
by guests of a lodging place as defined in section 2491, subsection 7-F that has 10 or fewer
rooms or cottages.
Sec. 2. 22 MRSA §2665, 2nd ¶, as amended by PL 2007, c. 631, §7, is further
amended to read:
The design criteria to be followed by the department in the review and approval is
Submitted plans and specifications must be sealed by a licensed professional engineer
under Title 32, chapter 19 and must include a statement by the engineer indicating that the
plans and specifications meet the minimum standard for all pools and the minimum
standard for all spas published by the American National Standards Institute and the
Association of Pool and Spa Professionals or successor organizations as identified by the
department by rule.
Sec. 3. 32 MRSA §1222, sub-§3, as enacted by PL 2013, c. 264, §8, is amended to
read:
3. Civil Administrative penalty. A person who practices electrology without a
license or who violates the sterilization, sanitation or safety standards adopted by the
department under this chapter commits a civil violation for which a fine is subject to an
administrative penalty, imposed by the department, of not less than $500 nor more than
$1,000 may be adjudged for each violation. Each day the violation remains uncorrected
may be counted as a separate offense.
APPROVED
JUNE 1, 2023
BY GOVERNOR
CHAPTER
113
PUBLIC LAW Page 2 - 131LR0148(03)
Sec. 4. 32 MRSA §1222, sub-§5 is enacted to read:
5. Schedule of penalties.
accordance with Title 5, chapter 375, subchapter 2-A establishing a schedule of penalties
according to the nature and duration of the violation of this section.
Sec. 5. 32 MRSA §4204, sub-§1, as enacted by PL 2013, c. 264, §14, is amended
to read:
1. Penalty Administrative penalty. A person who fails to be licensed as required by
this chapter, violates the sterilization, sanitation or safety standards adopted by the
Department of Health and Human Services department under section 4251 or performs
tattooing on a minor commits a civil violation for which a fine is subject to an
administrative penalty, imposed by the department, of not less than $500 nor more than
$1,000 may be adjudged for each violation. Each day the violation remains uncorrected
may be counted as a separate offense.
Sec. 6. 32 MRSA §4204, sub-§4 is enacted to read:
4. Schedule of penalties.
accordance with Title 5, chapter 375, subchapter 2-A establishing a schedule of penalties
according to the nature and duration of the violation of this section.
Sec. 7. 32 MRSA §4318, sub-§1, as enacted by PL 2013, c. 264, §16, is amended
to read:
1. Penalty Administrative penalty. A person who fails to be licensed as provided by
section 4312 or violates the sterilization, sanitation or safety standards adopted by the
department under section 4313 commits a civil violation for which a fine is subject to an
administrative penalty, imposed by the department, of not less than $500 nor more than
$1,000 may be adjudged for each violation. Each day the violation remains uncorrected
may be counted as a separate offense.
Sec. 8. 32 MRSA §4318, sub-§3 is enacted to read:
3. Schedule of penalties.
accordance with Title 5, chapter 375, subchapter 2-A establishing a schedule of penalties
according to the nature and duration of the violation of this section.
Sec. 9. 32 MRSA §4327, sub-§1, as enacted by PL 2013, c. 264, §17, is amended
to read:
1. Penalty Administrative penalty. A person who fails to be licensed as provided by
section 4324, violates the sterilization, sanitation or safety standards adopted by the
department under section 4326 or performs body piercing on a minor without parental
consent under section 4323 commits a civil violation for which a fine is subject to an
administrative penalty, imposed by the department, of not less than $500 nor more than
$1,000 may be adjudged for each violation. Each day the violation remains uncorrected
may be counted as a separate offense.
Sec. 10. 32 MRSA §4327, sub-§4 is enacted to read:
4. Schedule of penalties.
accordance with Title 5, chapter 375, subchapter 2-A establishing a schedule of penalties
according to the nature and duration of the violation of this section.