(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.