(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPUTY FIRE MARSHAL. Those qualified and appointed by the County Commissioners to serve as Deputy Fire Marshal for Garrett County, Maryland, with the duties and powers to enforce the Code.
FIRE MARSHAL. The Office of the Fire Marshal.
NFPA. National Fire Protection Association.
(B) Scope.
(1) Applicability. This section applies to new buildings, conditions, or facilities. Except as provided below, this section does not apply to existing buildings, conditions, or facilities unless:
(a) The Fire Marshal or Deputy Fire Marshal has found that the continuation of an existing condition constitutes a distinct hazard adverse to life, property, public safety, or welfare as to require correction; or
(b) The building undergoes a change from one occupancy classification to another or from one occupancy subclassification to another.
(2) Inapplicability. This section does not apply to one- and two-family dwellings, except for the installation and maintenance of smoke detectors and residential sprinklers when required by any code.
(3) Inapplicability to Maryland Building Rehabilitation Code. The requirements of this section do not apply to work areas that are subject to the Maryland Building Rehabilitation Code as found in Md. Code, Public Safety Article, Title 12, Subtitle 10 and associated regulations.
(C) Administration. Except as otherwise provided in this Code, the Fire Marshal, or Deputy Fire Marshal, shall enforce and administer the provisions of this title.
(a) Conflicts. If there are conflicts within the documents set forth in § 150.05, the most restrictive provision shall apply.
(b) Matters not provided for. Any requirement essential for fire safety that is not specifically covered by this Code shall be determined by the Fire Marshal in accordance with the NFPA National Fire Codes or other NFPA technical publications.
(c) Modifications. Section 1-10 of NFPA 1, Uniform Fire Code, shall be deleted and all appeals under the Fire Prevention Code shall be to the State Fire Prevention Commission. Any person shall be permitted to appeal a decision of the Fire Marshall or Deputy Fire Marshall when it is claimed that any one or more of the following conditions exist:
(1) The true intent of the Fire Prevention Code has been incorrectly interpreted;
(2) The provisions of the Fire Prevention Code do not fully apply; or
(3) A decision is unreasonable or arbitrary as it applies to alternatives or new materials.
(D) Implementation. The implementation of this section shall be in accordance with the inspection priority and frequency policy of the Office of the Fire Marshal.
(E) Flammable and hazardous chemicals storage - signs. All establishments storing or handling flammable or hazardous chemicals shall be plainly marked with signs at entrances to storage or use areas and at other points that are recommended by the Fire Marshal or the Deputy Fire Marshal. These signs shall be in accordance with the "Standard System for the Identification of the Hazards of Materials for Emergency Response".
(F) Fire investigations. The Garrett County Office of the Fire Marshal has the authority to investigate the origin, cause, and circumstances of every fire, explosion, or hazardous materials emergency in Garrett County. When the Fire Investigator has reason to believe that a fire, explosion, or hazardous materials incident may be the result of a violation of any law, the investigator may immediately take custody of and safeguard all physical evidence in connection with the incident.
(G) Fee schedule. The Garrett County Office of the Fire Marshal shall utilize the fee schedule set forth in COMAR 29.06.04, as the same may be amended from time to time, or as established by the County Commissioners.
(H) Re-inspection fee. A fee shall be charged for re-inspections for each called-for inspection that is not ready for inspection. Re-inspection may not be scheduled or conducted without payment of the fee. Notice that a re-inspection fee is required shall be provided in writing on a form prescribed by the county, and adjusted from time to time to be consistent with the Maryland State Fire Marshal fees.
(I) Violations and penalties; civil penalties. In the case of any violation of the Garrett County Fire Prevention Code, § 150.05, the pre-set fines shall be $100 for a first offense, $250 for a second offense, $500 for a third offense, and $1,000 for a fourth or subsequent offense.
(Res. 2022-9, passed 7-11-2022)