§ 22-1. Short title.
§ 22-2. Purpose; intent.
§ 22-3. Construction and scope of chapter.
§ 22-4. Application of building code.
§ 22-4A. Certification procedure.
§ 22-5. Definitions.
§ 22-6. Administration.
§ 22-7. Right of entry.
§ 22-8. Report of fire and rescue incident.
§ 22-9. Investigation of fires.
§ 22-10. Permits and certificates.
§ 22-11. Failure to obtain permit, approval or certificates.
§ 22-12. Operation under expired, suspended or revoked permits.
§ 22-13. Regulations.
§ 22-14. National standards.
§ 22-15. Special hazards.
§ 22-15A. Compilation of requirements.
§ 22-16. Orders to eliminate dangerous or hazardous conditions generally.
§ 22-17. Service of orders and notices.
§ 22-18. Compliance.
§ 22-19. General authority to combat fires and related emergencies and conduct rescue operations; interfering with fire department.
§ 22-20. Evacuation of persons.
§ 22-21. Appeals.
§ 22-22. Penalties and other remedies for violations.
§ 22-23. Inspections.
§ 22-24. Damage or injury liability.
§ 22-25. Inspection and tests of suppression systems, etc.
§ 22-26. Maintenance of fire safety equipment.
§ 22-27. Approval of fire detection systems and devices.
§ 22-28. Protection of hood and duct ventilation systems and related commercial cooking appliances.
§ 22-29. Water supply and fire hydrants generally.
§ 22-30. Obstructing fire hydrants or fire department connections.
§ 22-31. Fire hydrant maintenance.
§ 22-32. Required access for fire apparatus.
§ 22-33. Fire lanes.
§ 22-34. Tampering with fire safety equipment.
§ 22-35. Portable fire extinguishers generally.
§ 22-36. Sale of unapproved portable fire extinguishers prohibited.
§ 22-37. Regulating fire extinguisher service.
§ 22-38. Servicing of portable fire extinguishers generally.
§ 22-39. Rules and regulations for servicing portable fire extinguishers.
§ 22-40. Exits and means of egress in buildings generally.
§ 22-41. Places of assembly.
§ 22-42. Tents and air supported structures.
§ 22-43. Permits required.
§ 22-44. Flammable liquids generally.
§ 22-45. Above ground tank storage of flammable liquids.
§ 22-46. Abandonment of tanks for flammable or combustible liquids.
§ 22-47. Garages.
§ 22-48. Service stations.
§ 22-49. Bowling alleys.
§ 22-50. Application of flammable finishes.
§ 22-51. Flammable liquids transportation.
§ 22-52. Use of certain gasoline stoves.
§ 22-53. Gasoline torches and plumbers’ furnaces maintenance and use.
§ 22-54. Liquefied petroleum gases.
§ 22-55. Anesthetics and medical gases in hospitals and similar occupancies.
§ 22-56. Gas shut offs.
§ 22-57. Cutting and welding.
§ 22-58. Home use of inhalation therapy.
§ 22-59. Pyroxylin plastics (cellulose nitrate).
§ 22-60. Matches.
§ 22-61. Scrap, waste and junk yards and collection stations.
§ 22-62. Storage and handling of combustible fibres.
§ 22-63. Tire rebuilding plants.
§ 22-64. Lumber yards and woodworking plants.
§ 22-65. Hazardous chemicals generally.
§ 22-66. Hazardous chemicals in low hazard occupancies.
§ 22-67. Hazardous gas in balloons.
§ 22-68. Compressed gases generally.
§ 22-69. Fumigation.
§ 22-70. Fireworks.
§ 22-71. Explosives and blasting agents generally.
§ 22-72. Model rocketry.
§ 22-73. False alarms; injuring fire alarm system.
§ 22-74. Fire safety instructions.
§ 22-75. Procedures in case of fire.
§ 22-76. Warning notice in elevators.
§ 22-77. Shaftways to be marked.
§ 22-78. Vacant lots and parcels of land.
§ 22-79. Dangerous buildings.
§ 22-80. Combustible waste and refuse.
§ 22-81. Use of certain cooking equipment adjacent to multi-family dwellings.
§ 22-82. Use of charcoal burning equipment in buildings, etc.
§ 22-83. Use of portable heaters.
§ 22-84. Use of torches for removing paint and sweating pipe joints.
§ 22-85. Smoking generally.
§ 22-86. Hot ashes and other dangerous materials.
§ 22-87. Chimneys, heating appliances, etc., to be maintained in safe condition.
§ 22-88. Open fires generally.
§ 22-89. Decorative materials generally.
§ 22-90. Electrical wiring.
§ 22-91. Electrical products.
§ 22-92. Access to utilities.
§ 22-93. Mobile home parks.
§ 22-94. Construction and demolition.
§ 22-95. Control of materials.
§ 22-96. Smoke detectors.
§ 22-97. Address numbers.
§ 22-98. Roof materials.
Notes
| [Note] | *Editor’s note-See County Attorney Opinion dated 1/29/97 evaluating fees that may be charged for permits for Montgomery County Public Schools, Washington Suburban Sanitary Commission, Montgomery College, Maryland-National Capital Park and Planning Commission, Revenue Authority, and County agencies. [attachments] 2016 L.M.C., ch. 30, § 2, states: Transition. (a) Regulations. Any regulation in effect when this Act takes effect that implements a function transferred to the Department of Permitting Services or the Director of the Department of Permitting Services under Section 1 of this Act continues in effect, but any reference in any regulation to the Montgomery County Fire and Rescue Services or the Fire Chief from which the function was transferred must be treated as referring to the Department of Permitting Services and the Director of the Department of Permitting Services to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect. (b) Responsibilities and rights. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Montgomery County Fire and Rescue Services or the Fire Chief in connection with a function, duty or authority transferred under Section 1 of this Act is transferred to the Department of Permitting Services and the Director of the Department of Permitting Services. 2016 L.M.C., ch. 30, § 3, states: Expedited Effective Date. The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date on which it becomes law (September 28, 2016). The amendments made in Section 1 apply retroactively to July 1, 2016.
1998 L.M.C., ch. 4, § 4, reads as follows: "Transition; Department organization. On July 1, 1998, the Department of Fire and Rescue Service becomes the Division of Fire and Rescue Services in the Montgomery County Fire and Rescue Service. Subject to appropriation, on or after that date the Fire Administrator may transfer any employee of the Division of Fire and Rescue Services to the Division of Volunteer Fire and Rescue Services, the office of the Administrator, or the office of the Commission. After this Act takes effect [July 1, 1998], all references in Chapter 22 and any other law, regulation, policy, contract, or other document to the Department of Fire and Rescue Services must be treated as referring to the Montgomery County Fire and Rescue Service, and all references in Chapter 22 and any other law, regulation, policy, contract, or other document to the Director of Fire and Rescue Services must be treated as referring to the Fire Administrator. All personnel or other regulations applicable to employees of the Department of Fire and Rescue Services or any local fire and rescue department on July 1, 1998, remain in force until otherwise amended or repealed, and apply to employees of the Montgomery County Fire and Rescue Service or the local fire and rescue departments respectively." Cross references-Buildings, ch. 8; electricity, ch. 17; fire protection in hospitals, sanitariums, nursing and care homes, § 25-38; fire regulations for hospitals, sanitariums, nursing and care homes, § 25-53 et seq.; fire alarm systems in hospitals, sanitariums, nursing and care homes, § 25-56; parking vehicles containing inflammable liquids on streets, § 32-9; drilling, blasting and storage of explosives at quarries. § 38-16. |
This Chapter may be referred to as “The Montgomery County Fire Safety Code”. (1975 L.M.C., ch. 23, § 1; 2010 L.M.C., ch. 49, § 1.)
(a) The purpose and the intent of this Chapter is to prescribe minimum requirements and controls to safeguard life, property, and the public welfare from the hazards of fire and explosion arising from the improper storage, handling, or use of substances, materials, or devices and from conditions hazardous to life, property, and the public welfare in the use or occupancy of buildings, structures, or premises.
(b) Where no specific standard or requirement is specified in this Chapter, or any other applicable law or regulation, compliance with applicable standards of the National Fire Protection Association (NFPA), International Code Council (ICC), American Insurance Association (AIA), or any other nationally recognized fire safety standard approved by the Director of Permitting Services is prima facie evidence of compliance with this Chapter. (1975 L.M.C., ch.23, § 1; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 30, §1.)
(a) This Chapter applies to existing conditions and to conditions arising after this Chapter was adopted. However, a condition legally existing when this Chapter was adopted, but not in strict compliance with this Chapter, may continue only if the Director finds that the condition is not a distinct hazard to life or property.
(b) The provisions of this chapter shall apply to all buildings, structures, areas, or premises within the county which are owned or occupied by any agency of Montgomery County government, Montgomery County public schools or Montgomery College, even though such building, structure, area, or premises is located within a municipality otherwise exempt from this chapter.
(c) The provisions of this chapter shall not apply to any building, area or premises within the county which is owned by any department or agency of the government of the United States or the state.
(d) Nothing in this chapter limits the authority of any individual who has been appointed an assistant State fire marshal or special assistant state fire marshal in accordance with the Public Safety Article of the Maryland Code, or the authority granted by other laws or codes.
(e) This Chapter does not render any other applicable law or regulation invalid. If a conflict arises between this Chapter and another law or regulation, the fire marshal and the head of the agency responsible for enforcing the conflicting law or regulation must agree which applies. If they cannot agree, any remaining conflict must be referred to the Director. The decision of the Director in any matter relating to fire safety in or for any building, structure, area, or premises is final. Within 30 days after any remaining conflict has been resolved, the Director and the head of the agency responsible for enforcing the conflicting law or regulation must forward to the County Executive a joint proposal to amend a law or regulation to eliminate the conflict. (1975 L.M.C., ch.23, § 1; 1985 L.M.C., ch. 31, § 13; 2010 L.M.C., ch. 49, § 1; 2011 L.M.C., ch. 17, § 1; 2013 L.M.C., ch. 4, § 1; 2016 L.M.C., ch. 30, §1; 2017 L.M.C., ch. 12, §1.)
Editor’s note —See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral. See County Attorney Opinion dated 5/20/91 indicating that the Washington Suburban Sanitary Commission is exempt from listed local permits, including Chapters 8, 19, 22, 50, and 59, but must comply with State law regarding sediment control and fire safety.
2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Cross reference-Applicability of County legislation within municipal corporations. § 2-96.
(a) The planning, design and construction of new buildings and structures to provide the necessary egress facilities, fire protection and built-in fire protection equipment shall be controlled by the applicable building code and any alterations, additions or changes in buildings required by the provisions of this code which are within the scope of the building code shall be made in accordance therewith.
(b) Except for maintenance of fire safety features and items specifically required by this chapter, whenever the fire official finds conditions that may be in violation of the building code, he shall notify the building official who shall inspect the premises and, if a violation exists, shall require abatement of the conditions to comply with the building code. (1975 L.M.C., ch. 23, § 1.)
Cross reference-Building code, ch. 8.
(a) The Director, in accordance with Chapter 8, may recommend a waiver of an examination of plans for the erection or alteration of a building which involve structural work or structural changes affecting public safety or health if:
(1) the plans are prepared by a licensed engineer or registered architect; and
(2) the plans are accompanied by an affidavit by the applicant and the supervising engineer or architect that:
(A) the architect or engineer has supervised the preparation of the architectural, structural, and mechanical design plan; and
(B) the plans conform to this Chapter and regulations adopted under it.
(b) The Director may waive all or part of the regular field inspection of construction if the architect or engineer certifies to the Director that:
(1) the architect or engineer will supervise and check all working drawings and shop details for the construction; and
(2) the structure will be built under the architect’s or engineer’s field supervision in accordance with the approved plans.
(c) The Director may waive any final inspection required under this Chapter which relates to the issuance of a certificate of use and occupancy if the registered engineer or architect who supervised the construction or reconstruction of the building certifies to the Director under oath that:
(1) the building has been built in accordance with the approved plans; and
(2) The building, as built or reconstructed, complies with this Chapter and all other laws and regulations except any variations specifically authorized.
(d) The Director may grant a waiver related to plan review under subsection (a) if the waiver is warranted in light of subsection (a) and:
(1) the experience of the architect or engineer in dealing with fire safety features of building construction, reconstruction or rehabilitation;
(2) the availability and deployment of inspection personnel; and
(3) other health and safety factors relevant under the circumstances.
(e) The Director may grant a waiver related to construction inspection, and use and occupancy inspection under subsections (b) and (c), if the waiver is warranted in light of subsections (b) and (c) and:
(1) the experience of the architect or engineer in dealing with fire safety features of building construction, reconstruction or rehabilitation;
(2) the availability and deployment of inspection personnel; and
(3) other factors of health and safety deemed relevant under the circumstances.
(f) The Director must issue a decision on a request for a waiver under subsections (a), (b), and (c), within 10 days after receiving the request. The Director has complete discretion to approve or reject a waiver. The decision of the Director is final, and no appeal may be taken. If the Director grants a waiver, the Director must find in writing that the waiver complies with subsection (d) or (e), as applicable.
(g) The Director may grant a waiver under this Section only to the extent permitted under State and local law.(1979 L.M.C., ch. 41, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 30, §1.)
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