(A) General. Whenever the maintenance, operation or use of any land, building, structure, material or other object or any part thereof constitutes a fire hazard which is dangerous or unsafe or a menace to either the public health, safety or security and the action to be taken to eliminate such dangerous or unsafe condition or conditions which creates or tends to create the same is not specifically provided for in the Fire Prevention Code, the Fire Marshal is hereby authorized and empowered to take such action as may be necessary to eliminate such dangerous or unsafe condition or conditions in accordance with the provisions of the Fire Prevention Code.
(B) Enforcement by Fire Marshal.
(1) The Fire Marshal is hereby authorized, empowered and charged with the duty of enforcing the provisions of the Fire Prevention Code in the form and manner herein prescribed.
(2) The Fire Marshal is hereby authorized and empowered to institute or cause to be instituted any and all legal or equitable actions or proceedings of every kind and character which may be necessary and proper to enforce any and all provisions of the Fire Prevention Code.
(3) In any case where an emergency, as contemplated by the Fire Prevention Code, does not exist and any person fails in any respect to fully comply with any and all provisions of any notice, decision or order issued or made by the Fire Marshal, the Fire Marshal is hereby authorized and empowered to do or perform or have done or performed any and all work or operations and to take any other action which may be necessary to eliminate or make safe and secure any and all conditions of every kind and character which are in violation of the terms and provisions of the Fire Prevention Code.
(4) Nothing contained in the Fire Prevention Code shall be taken or construed to stop or prevent the Fire Marshal from instituting or causing to be instituted or fully prosecuting any and all legal or equitable actions or proceedings of every kind or character which may be necessary or proper to compel full compliance with any and all of the provisions of the Fire Prevention Code even though criminal proceedings of any kind or character may be pending or may have been completed.
(C) Right of entry. The Fire Marshal or his or her authorized representatives, when in uniform or upon exhibiting the proper credentials, subject to the requirements of state and federal law, shall have the right to enter any building, structure or premises, except private residences, at any time during business or operating hours, or at such other times as may be necessary in an emergency resulting from or arising out of any causes that endanger or tend to endanger the public health or safety, for the purpose of performing his or her duties under the Fire Prevention Code or enforcing the provisions of the Fire Prevention Code.
(D) Duty to make inspections and tests. The Fire Marshal shall make any and all inspections and tests or cause any and all inspections and tests to be made as required by the provisions of the Fire Prevention Code.
(E) Authority to issue orders and notices. The Fire Marshal is hereby authorized and empowered to issue such orders and notices as may be necessary and proper to carry out the intent and purpose of the Fire Prevention Code.
(F) Duty to keep records and make reports. The Fire Marshal shall keep any and all and make any and all reports that may be necessary for the proper administration of the Fire Prevention Code.
(G) Deputies. The County Commissioners are hereby authorized and empowered to appoint such Deputy Fire Marshals as, in their judgment, may be necessary to make any and all of the examinations and inspections which are required to be made or which may be made in accordance with the provisions of the Fire Prevention Code, which deputies shall report, in writing, the results of their examinations or inspections so made to the Fire Marshal. For the purpose of making such examinations or inspections, such deputies as may be so appointed are hereby fully authorized and clothed with the same power and authority to enter upon or into and examine or inspect any premises, buildings or structures within the limits of Garrett County as is given to the Fire Marshal and his or her authorized representatives by the Fire Prevention Code.
(Res. 2022-7, passed 7-11-2022)