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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Sec. 22-1. Short title.
Sec. 22-2. Purpose; intent.
Sec. 22-3. Construction and scope of chapter.
Sec. 22-4. Application of building code.
Sec. 22-4A. Certification procedure.
Sec. 22-5. Definitions.
Sec. 22-6. Administration.
Sec. 22-7. Right of entry.
Sec. 22-8. Report of fire and rescue incident.
Sec. 22-9. Investigation of fires.
Sec. 22-10. Permits and certificates.
Sec. 22-11. Failure to obtain permit, approval or certificate.
Sec. 22-12. Operation under expired, suspended or revoked permits.
Sec. 22-13. Regulations.
Sec. 22-14. National standards.
Sec. 22-15. Special hazards.
Sec. 22-15A. Compilation of requirements.
Sec. 22-16. Order to eliminate dangerous or hazardous conditions generally.
Sec. 22-17. Service of orders and notices.
Sec. 22-18. Compliance.
Sec. 22-19. General authority to combat fires and related emergencies and conduct rescue operations; interfering with fire department.
Sec. 22-20. Evacuation of persons.
Sec. 22-21. Appeals.
Sec. 22-22. Penalties and other remedies for violations.
Sec. 22-23. Inspection.
Sec. 22-24. Damage or injury liability.
Sec. 22-25. Inspection and tests of suppression systems, etc.
Sec. 22-26. Maintenance of fire safety equipment.
Sec. 22-27. Approval of fire detection systems and devices.
Sec. 22-28. Protection of hood and duct ventilation systems and related commercial cooking appliances.
Sec. 22-29. Water supply and fire hydrants generally.
Sec. 22-30. Obstructing fire hydrants or fire department connections.
Sec. 22-31. Fire hydrant maintenance.
Sec. 22-32. Required access for fire apparatus.
Sec. 22-33. Fire lanes.
Sec. 22-34. Tampering with fire safety equipment.
Sec. 22-35. Portable fire extinguishers generally.
Sec. 22-36. Sale of unapproved portable fire extinguishers prohibited.
Sec. 22-37. Regulating fire extinguisher service.
Sec. 22-38. Servicing of portable fire extinguishers generally.
Sec. 22-39. Rules and regulations for servicing portable fire extinguishers.
Sec. 22-40. Exits and means of egress in buildings generally.
Sec. 22-41. Places of assembly.
Sec. 22-42. Tents and air supported structures.
Sec. 22-43. Permits required.
Sec. 22-44. Flammable liquids generally.
Sec. 22-45. Aboveground tank storage of flammable liquids.
Sec. 22-46. Abandonment of tanks of flammable or combustible liquids.
Sec. 22-47. Garages.
Sec. 22-48. Service stations.
Sec. 22-49. Bowling alleys.
Sec. 22-50. Application of flammable finishes.
Sec. 22-51. Flammable liquids transportation.
Sec. 22-52. Use of certain gasoline stoves.
Sec. 22-53. Gasoline torches and plumbers’ furnaces maintenance and use.
Sec. 22-54. Liquefied petroleum gases.
Sec. 22-55. Anesthetics and medical gases in hospitals and similar occupancies.
Sec. 22-56. Gas shut offs.
Sec. 22-57. Cutting and welding.
Sec. 22-58. Home use of inhalation therapy.
Sec. 22-59. Pyroxylin plastics (cellulose nitrate).
Sec. 22-60. Matches.
Sec. 22-61. Scrap, waste and junkyards and collection stations.
Sec. 22-62. Storage and handling of combustible fibres.
Sec. 22-63. Tire rebuilding plants.
Sec. 22-64. Lumber yards and woodworking plants.
Sec. 22-65. Hazardous chemicals generally.
Sec. 22-66. Hazardous chemicals in low hazard occupancies.
Sec. 22-67. Hazardous gas in balloons.
Sec. 22-68. Compressed gases generally.
Sec. 22-69. Fumigation.
Sec. 22-70. Fireworks.
Sec. 22-71. Explosives and blasting agents generally.
Sec. 22-72. Model rocketry.
Sec. 22-73. False alarms; injuring fire alarm system.
Sec. 22-74. Fire safety instructions.
Sec. 22-75. Procedures in case of fire.
Sec. 22-76. Warning notice in elevators.
Sec. 22-77. Shaftways to be marked.
Sec. 22-78. Vacant lots and parcels of land.
Sec. 22-79. Dangerous buildings.
Sec. 22-80. Combustible waste and refuse.
Sec. 22-81. Use of certain cooking equipment adjacent to multi-family dwellings.
Sec. 22-82. Use of charcoal burning equipment in buildings, etc.
Sec. 22-83. Use of portable heaters.
Sec. 22-84. Use of torches for removing paint and sweating pipe joints.
Sec. 22-85. Smoking generally.
Sec. 22-86. Hot ashes and other dangerous materials.
Sec. 22-87. Chimneys, heating appliances, etc., to be maintained in safe condition.
Sec. 22-88. Open fires generally.
Sec. 22-89. Decorative materials generally.
Sec. 22-90. Electrical wiring.
Sec. 22-91. Electrical products.
Sec. 22-92. Access to utilities.
Sec. 22-93. Mobile home parks.
Sec. 22-94. Construction and demolition.
Sec. 22-95. Control of materials.
Sec. 22-96. Smoke detectors.
Sec. 22-97. Address numbers.
Sec. 22-98. Roof materials.
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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Sec. 22-1. Short title.
   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.)
Sec. 22-2. Purpose; intent.
   (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.)
Sec. 22-3. Construction and scope of chapter.
   (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.
Sec. 22-4. Application of building code.
   (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.
Sec. 22-4A. Certification procedure.
   (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.)
Sec. 22-5. Definitions.
   In this Chapter, the following words have the following meanings:
   Agent means any person who has charge, care or control of any building as owner, or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner must comply with the provisions of this code to the same extent as if he were the owner.
   Air supported structure means a structural and mechanical system which is constructed of high strength fabric or film and achieves its shape, stability and support by pretensioning with internal air pressure.
   Alternative means a system, condition, arrangement, material, or equipment submitted to the Director as a substitute for a code requirement.
   Approved means acceptable to the Director. In determining the acceptability of installations or procedures, equipment, or materials, the Director may base acceptance on compliance with the NFPA or other appropriate standards. In the absence of such standards, the Director may require evidence of proper installation, procedure, or use. The Director may also refer to the listings or labeling practices of any nationally recognized testing laboratory, inspection agency, or other organization which evaluates products and can determine compliance with appropriate standards for and the satisfactory performance of such equipment or materials in actual usage.
   Approved plastic container means a plastic container of not more than five (5) gallons capacity which has been labeled by Underwriters Laboratories, Inc., or Factory Mutual, Inc., as being suitable for the storage of Class I flammable liquids.
   Assembly means places of assembly including, but not limited to, all buildings or portions of buildings used for gathering together fifty (50) or more persons in commercial places of assembly and one hundred (100) or more persons in noncommercial places of assembly. Places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement, or awaiting transportation. Occupancy of any room or space for assembly purposes by less than one hundred (100) persons in a building of other occupancy and incidental to such other occupancy must be classed as part of the other occupancy and subject to the provisions applicable thereto.
   Authority having jurisdiction means the Director or Fire Chief with appropriate responsibility.
   Automatic fire extinguishing system means any system which is designed and installed to detect a fire and subsequently expel an extinguishing agent without any human intervention.
   Basement means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground.
   Building means a structure wholly or partially enclosed, either standing alone or cut off from other structures by fire walls, and which is designed for housing persons, animals or property.
   Building official means the officer or other designated authority charged with the administration and enforcement of the building code.
   Burning means lighting, igniting, kindling, or setting fire to combustible materials, adding fuel to a fire, or permitting combustible material to burn.
   Cellar means the portion of the building, partly underground, having half or more than half of its clear height below the average grade of the adjoining ground.
   Central fire communications center means the public fire service communication facilities operated by the Montgomery County Fire and Rescue Service as part of the County emergency operations center.
   Central station means an office to which remote alarm and supervisory signaling devices are connected, where personnel are in attendance at all times to supervise the circuits and investigate signals.
   Central station system means a system, or group of systems, in which the operations of circuits and devices are signaled automatically to, recorded in, maintained and supervised from an approved central station having competent and experienced observers and operators who must, upon receipt of a signal, take such action as is required by this standard. Such systems must be controlled and operated by a person, firm or corporation whose principal business is the furnishing and maintaining of supervised signaling service.
   Combination system means a household fire warning system whose components may be used in whole or in part, in common with a nonfire emergency signalling system, such as a burglar alarm system or an intercom system, without degradation of or hazard to the fire warning system.
   Compressed gas means and includes any mixture or material having in the container either an absolute pressure exceeding forty (40) pounds per square inch at seventy (70) degrees Fahrenheit or an absolute pressure exceeding one hundred four (104) pounds per square inch at one hundred thirty (130) degrees Fahrenheit or both; or any liquid flammable material having a vapor pressure as defined in section 1.424 exceeding forty (40) pounds per square inch at one hundred (100) degrees Fahrenheit.
   Combustible fiber means any material in a fibrous or shredded form which will readily ignite when heat sources are present.
   Combustible liquid means a liquid having a flash point at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade). Combustible liquids are subdivided as follows:
Class II liquids include those having flash points at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and below one hundred forty (140) degrees Fahrenheit (60 degrees Centigrade).
Class IIIA liquids include those having flash points at or above one hundred forty (140) degrees Fahrenheit (60 degrees Centigrade) and below two hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Class IIIB liquids include those having flash points at or above two hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
   Combustible refuse means all combustible or flammable loose rubbish, litter or waste materials generated by any occupancy which are refused, rejected or considered worthless and are disposed of by incineration on the premises where generated or periodically transported from the premises.
   Combustible waste means combustible or flammable loose waste materials which are generated by any establishment or process and, being salvageable, are retained from scrap for reprocessing on the premises where generated or transported to a plant for processing, including but not limited to all combustible fibers, hay, straw, hair, feathers, down, wood shavings, turnings, all types of paper products, soiled cloth trimmings and cuttings, rubber trimmings and buffings, metal fines, and any mixture of the above items or any other salvageable combustible or flammable waste material.
   Director means the Director of Permitting Services.
   Distribute includes rental, leasing and giving away as a prize or a premium.
   D.O.T. container means any container approved by the U.S. Department of Transportation for shipping any liquid, gaseous or solid material of a flammable, toxic or other hazardous nature.
   Dwelling means a single unit providing complete and independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
   Dwelling unit means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one (1) family with facilities for living, sleeping, cooking and eating.
   Existing condition means any situation, circumstance or physical makeup of any structure, premises or process which was on-going or in effect prior to the adoption of this code.
   Explosive means a chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life and limb.
   Fire apparatus means a vehicle such as a fire pumper, aerial ladder truck, elevated platform, rescue squad or similar fire-fighting or rescue equipment.
   Fire Chief means the Fire Chief appointed under Section 21-3 or the Fire Chief’s designee.
   Fire code inspector means a qualified employee in the Department of Permitting Services.
   Fire department means the Montgomery County Fire and Rescue Service.
   Fire department connection (siamese connection) means a connection on a building for fire department use in supplementing or supplying water for standpipes and sprinkler systems.
   Fire door means a tested, listed, or approved door and door enclosure constructed and installed for the purpose of preventing the spread of fire through openings in walls, partitions, or other horizontal or vertical construction. See Standard for Fire Doors and Windows, NFPA No. 80 for classification and types of fire doors.
   Fire hazard means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire.
   Fire hydrant means a valved outlet on a water supply system with one or more threaded outlets and used to supply fire department hose and pumpers with water.
   Fire lane means the road, path, or other passageway developed to allow the passage of fire apparatus through congested areas.
   Fire Marshal or County Fire Marshal means a qualified employee of the Department of Permitting Services designated by the Director as the County Fire Marshal. Fire Marshal includes the Fire Marshal’s designee, unless the context clearly indicates otherwise.
   Fire official means any person serving as a designated employee, representative, or agent of the Montgomery County Fire and Rescue Service or the Department of Permitting Services.
   Fire protection system means any fire alarm device or system, fire detection device or system or fire extinguishing device or system, or their combination, which is designed and installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the fire department, or both that a fire has occurred.
   Fire separation means construction of rated fire resistance or the maintenance of clear area to resist the spread of fire.
   Fireworks display means the use of fireworks in a manner to provide audio and visual entertainment to a group of people.
   Flamespread rating means the comparative performance of fire travel over the surface of a material when tested in accordance with the provisions of nationally recognized test methods. Grouping of ratings is listed in Life Safety Code, NFPA No. 101.
   Flammable means capable of burning or producing flame at ordinary temperatures, or being easily ignited.
   Flammable finishing means the spraying, dipping, flow-coating or electro-static bonding of flammable substances on other materials, devices or construction.
   Flammable liquid means a liquid having a flash point below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and is known as a Class I liquid. Class I liquids are subdivided as follows:
Class IA includes those liquids having flash points below seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
Class IB includes those liquids having flash points below seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
Class IC includes those liquids having flash points at or above seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
   Flammable solid means a solid substance, other than one (1) classified as an explosive, which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing.
   Flash point means the minimum temperature in degrees Fahrenheit at which a flammable liquid will give off sufficient vapors to form an ignitable mixture with air near the surface or in the container, but will not sustain combustion. The flash point of a liquid must be determined by appropriate test procedure and apparatus as specified below. The flash point of flammable liquids having a flash point below one hundred seventy-five (175) degrees Fahrenheit must be determined in accordance with nationally recognized good practice using the Tag Closed Tester. The flash point of flammable liquids having a flash point of one hundred seventy-five (175) degrees Fahrenheit or higher must be determined in accordance with nationally recognized good practice using the Pensky-Martens Closed Tester (ASTM D 93).
   Gallon means one (1) U.S. standard gallon.
   Grade means the reference plane representing the average elevation of finished ground level adjoining the building at all exterior walls.
   Household fire warning system means a system of devices that produce an audible alarm signal in the household for the purpose of notifying the occupants of the presence of a fire so they may evacuate the premises. The term “household fire warning system” does not include alarm systems where the signal is extended to another location such as a fire department or central station service.
   Liquefied petroleum gas (LP gas) means any material which is composed predominantly of the following hydrocarbons, or mixtures of them: propane, propylene, butane (normal butane or isobutane) and butylenes.
   Loose house means a separate detached building in which unbaled combustible fibers are stored.
   Means of egress means a continuous and unobstructed path of travel from any point in a building or structure to a public space and consists of three (3) separate and distinct parts: (a) the exitway access, (b) the exitway, and (c) the exitway discharge; a means of egress comprises the vertical and horizontal means of travel and includes intervening room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards.
   Multi-family dwelling means any building or portion thereof, which is designed, built, rented, leased, sold, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in such building and includes flats and apartments.
   Notice means the verbal or written statement which gives an order, information or warning.
   Ordinary conduct means the customary procedures which are normally followed.
   Owner means any person who alone or jointly or severally with others has legal title to any building, structure or premises with or without accompanying actual possession thereof and includes his
or her duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the property in question.
   Permit means an official document or certificate issued by the authority having jurisdiction for the purpose of authorizing performance of a specified activity.
   Person means a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. Person includes an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the term person is used in any section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the term includes the partners or members thereof and, as to corporations, includes the officers, agents or members thereof who are responsible for any violation of such section.
   Places of assembly means places of assembly including, but not limited to, all buildings or portions of buildings used for gathering together fifty (50) or more persons in noncommercial places of assembly. Places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement, or awaiting transportation. Occupancy of any room or space for assembly purposes by less than one hundred (100) persons in a building or other occupancy and incidental to such other occupancy must be classed as part of the other occupancy and subject to the provisions applicable thereto.
   Process means the manufacturing, handling, blending, conversion, purification, recovery, separation, synthesis or use, or any combination, of any commodity or material regulated by this code.
   Public stable means any place which has available for hire for riding or riding instruction purposes any horse or pony; or where horses or ponies other than those belonging to the owner of the stable are kept, boarded or trained.
   Repair means the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance. The term repair or repairs does not apply to any change in construction.
   Representative means a person duly appointed in the name of the Fire Chief, Director, or Fire Marshal to administer or enforce this Chapter.
   Safety can means an approved container of not over five (5) gallons capacity having a spring- closing lid and spout cover.
   Small arms ammunition means any shotgun, rifle, pistol or revolver cartridges.
   Smoking means lighting, igniting, holding or possessing any lighted cigar, cigarette or pipe; or, carrying, throwing or depositing any lighted or smoldering cigar, cigarette or pipe.
   Standpipe means a pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a building for fire-fighting purposes.
   Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it. A basement is counted as a story, if it is used for business or dwelling purposes. A mezzanine floor is counted as a story, if it covers over one-third of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is twenty (20) feet or more.
   Street means a public thoroughfare (street, avenue or boulevard) which has been dedicated for vehicular use by the public and can be used for access by fire department vehicles.
   Supervised automatic fire extinguishing system means any automatic fire extinguishing system which is constantly monitored so as to determine operating condition at all times.
   System means several items of equipment assembled, grouped or otherwise interconnected for the accomplishment of a purpose or function.
   Water capacity means the volumetric measure of the amount of water a container can hold. (1975 L.M.C., ch. 23, § 1; 2002 L.M.C., ch. 22, § 1; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 30, §1.)
Sec. 22-6. Administration.
   (a)   Authority of Fire Chief and Director of Permitting Services generally. The Fire Chief and the Director of the Department of Permitting Services must administer this Chapter. The Fire Chief and the Director of Permitting Services must perform the respective duty or duties assigned under this Chapter or any other applicable law. The Fire Chief and the Director of Permitting Services may delegate any power or duty under this Chapter to any other County employee.
   (b)   Authority of Fire Chief in emergencies. In an emergency where the Fire Chief finds that life or property is in immediate danger of fire, the Fire Chief may take any action necessary to protect life or property.
   (c)   Enforcement assistance. Police and any other authorized agency must provide necessary assistance to enforce this Chapter when the Fire Chief or the Director of Permitting Services so requests.
   (d)   Fire Code Compliance. The Department of Permitting Services may enforce all County laws and regulations on:
      (1)   fire prevention;
      (2)   storage, use, and handling of explosive, flammable, toxic, corrosive, and other hazardous gaseous, solid, and liquid materials;
      (3)   installation and maintenance of automatic, manual, and other private fire alarm systems and fire extinguishing equipment;
      (4)   maintenance and regulation of fire escapes;
      (5)   maintenance of fire protection and elimination of fire hazards on land and in buildings, structures, and other property, including those under construction; and
      (6)   adequacy of each fire exit from any building.
   (e)   Authorization for requirement changes. A fire safety requirement proposed for imposition during the course of building construction that would change or substitute a material, feature, construction method, or any other aspect of construction different from the original or amended subdivision, site, or construction plans and specifications, as approved by the Director must only be imposed if the Director finds that the change or substitution is necessary to avoid a specific and demonstrable threat to public safety. The Director must provide a copy of the finding to the affected person and to the public on request.
   (f)   Fire and explosive investigation section. The Fire Chief may organize and supervise a Fire and Explosive Investigation Section in the Fire and Rescue Service to investigate the cause and origin of any fire. The Fire Chief may ask the State fire marshal to appoint one or more qualified employees of the Fire and Rescue Service to serve as a special assistant State fire marshal. (1975 L.M.C., ch. 23, § 1; 1979 L.M.C. ch. 41, § 2; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 30, §1.)
Sec. 22-7. Right of entry.
   (a)   Generally.  
      (1)   The County Executive, Fire Chief, Police Chief, and Director of Permitting Services, or their authorized representatives, after exhibiting the proper credentials or proof of identity on request, may enter any building, structure, or premises (except any area actually occupied as a dwelling unit) without consent of the occupants during business or operating hours and at other times in an emergency that immediately endangers life, property or public safety, to perform duties under this Chapter or enforce this Chapter.
      (2)   For a multi-family dwelling, the Executive, Fire Chief, Police Chief, and Director of Permitting Services, or their authorized representatives, may only enter without consent any space that is not part of an individual dwelling unit, such as a storage room, laundry room, boiler room, utility room, hallway, or basement. However, the Executive, Fire Chief, and Police Chief may enter any individual dwelling unit:
         (A)   to enforce this Chapter with the consent of the occupant; or
         (B)   without the consent of the occupant if the Executive, Fire Chief, or Police Chief obtains a search warrant under prescribed legal procedure, or during or immediately after an emergency such as a fire or explosion.
   (b)   Impersonation of officials. It shall be unlawful for any unauthorized person to use a badge, uniform or other credentials so as to impersonate a fire official for the purposes of gaining access to any building, vessel, vehicle or premises in this jurisdiction.
   (c)   Implied consent. Any application for, or acceptance of, any permit or license requested or issued pursuant to this code constitutes agreement and consent by the person making application or accepting the permit to allow fire officials to enter the premises to conduct such inspections as required to enforce this code. (1975 L.M.C., ch. 23, § 1; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 30, §1.)
   Editor’s note-The above section is cited in Potter v. Bethesda Fire Department, Inc., 59 Md.App. 228, 474 A.2d 1365 (1984).
   See County Attorney Opinion dated 9/22/99 discussing the factors to consider for obtaining an administrative search warrant to enter private property (not a dwelling) without the owner’s consent.
   State law reference-Right of entry to extinguish fires, Ann. Code of Md., art. 48, § 181.
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