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(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.)
(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.
(a) The Division of Fire and Rescue Operations and any local fire and rescue department must report each incident involving the delivery of, or a request to deliver, fire, rescue or emergency medical services, to the Fire and Rescue Service in a manner prescribed by the Fire Chief. Each report must include:
(1) the cause, origin, and circumstances of any fire, and any factors contributing to its spread;
(2) the nature and extent of any personal injury or illness;
(3) details of any hazardous materials incident; and
(4) any other information that the Chief requires.
(b) The Fire Chief, or the Fire Chief’s designee, is the custodian of each report submitted under this Section.
(c) A local fire and rescue department need not maintain any report after it is submitted under this Section. (1975 L.M.C., ch. 23, § 1; 2000 L.M.C., ch. 29, § 1; 2009 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 49, § 1.)
(a) Authority of Fire Chief generally. The Fire Chief has the authority to investigate the cause, origin and circumstances of every fire, explosion or other emergency in which the fire department has a reasonable interest or is called for assistance, including inspection of any document pertinent to the investigation. When the Fire Chief has reason to believe that a fire or explosion may be the result of a violation of any law, he or she must immediately take custody of and safeguard all physical evidence in connection therewith and has the authority to prohibit the disturbance or removal of any material, substance, device or utility in or upon any building or property wherein or whereon a fire or explosion has occurred until the investigation of the fire is complete and to take such photographs and statements and make such drawings as he may deem necessary.
(b) Authority of Fire Chief to enter and examine. The Fire Chief has the authority at all times, in performance of the duties imposed by the provisions of this chapter, to enter upon and examine any building or premises, vehicle or thing where any fires or attempts to cause fires have occurred, or which at the time may be burning, and also the power to enter upon at any time any building or property adjacent to that in which the fire or attempt to cause fires has occurred, should he or she deem it necessary in the proper discharge of his or her duties; and he or she may, in the exercise of his or her discretion, take full control and custody of such buildings and premises, and place such person in charge thereof as he or she may deem proper, until his or her examination and investigation is completed.
(c) Testimony; arrests. The Fire Chief, in making this inspection or investigation, may, when in his or her judgment necessary, take the testimony on oath of all persons supposed to be cognizant of any facts, or to have the means or knowledge in relation to the matter herein required to be examined and inquired into, and to cause the testimony to be reduced to writing; and when, in his or her judgment, the examination discloses that the fire or explosion or attempt to cause a fire or explosion was of incendiary origin, the Fire Chief must notify the appropriate authorities and must transmit a copy of the testimony so taken to the state’s attorney for the county or city wherein the fire or explosion or attempt to cause a fire or explosion occurred.
(d) Witnesses; production of documents; oaths. The Fire Chief has the power to summon witnesses and to compel their attendance before him or her to testify in relation to any matter which is, by the provision of this chapter, a subject of inquiry and investigation by the Fire Chief, and also has the power to cause to be produced before him or her such papers as he or she may require in making such examination. The Fire Chief is authorized to administer oaths and affirmations to persons appearing as witnesses before him or her.
(e) Interference with Fire Chief; failure to appear, produce documents, etc. Any person who interferes with the Fire Chief in the performance of his or her duties under this section, or who fails to appear when summoned, or fails to provide such documents and records as are summoned or who fails to testify when requested is guilty of a misdemeanor and, upon conviction thereof, is subject to the penalty section of the chapter. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
(a) Legal effect; transfer. A permit shall constitute permission to maintain, store, use or handle materials or to conduct processes which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Such permit shall not take the place of any license required by law. A permit issued under this Chapter shall continue until revoked or for such a period of time as designated therein at the time of issuance. It shall not be transferable and any change in use, occupancy, location, operation or ownership shall require a new permit.
(b) Application for permit. Each application for a permit required by this Chapter must be made to the Department of Permitting Services in the form prescribed. Each application must be accompanied by any plans, specifications, or details required by the Director.
(c) Inspection before issuance of permit. Before a permit may be issued, the Director may inspect and approve any receptacle, vehicle, building, device, premises, storage space, or area to be used.
(d) Display of permits. A copy of the permit must be posted at each place of operation or carried by the permit holder as specified by the Director.
(e) More than one (1) permit for the same location. Whenever, under the provisions of this Chapter, more than one (1) permit or certificate is required for the same location, such permits or certificates may be consolidated into a single permit or certificate.
(f) Compliance required. All permits or certificates issued under this Chapter shall be presumed to contain the proviso that the applicant, his agents and employees shall carry out the proposed activity in compliance with all the requirements of this Chapter and any other laws or regulations applicable thereto, whether specified or not and in complete accordance with the approved plans and specifications. Any permit or certificate which purports to sanction a violation of this Chapter or any applicable law or regulation shall be void and any approval of plans and specifications in the issuance of such permit shall likewise be void.
(g) Revocation. Any permit or certificate issued under this Chapter may be suspended or revoked if the Director finds that:
(1) It is used by a person other than the person to whom the permit or certificate was issued.
(2) It is used for a location other than that for which it was issued.
(3) Any of the conditions or limitations set forth in the permit or certificate have been violated.
(4) The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the provisions of this Chapter within the time provided therein.
(5) There has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based.
Revocation shall be in writing and shall state the reason for the revocation.
(h) Authority to require exposure or stop work.
(1) If any installation requiring a permit or inspection is covered or concealed without having first been inspected, the Director must require by written notice that the work be exposed for inspection. The permittee must pay any cost of exposing and recovering the work.
(2) If any construction or installation work is performed in violation of the plans and specifications as approved by the Director of Permitting Services, the Director must issue a written notice to the responsible party to stop work on that portion of the work which is in violation. The notice must state the nature of the violation, and any responsible party must not continue work on that portion until the violation has been corrected. (1975 L.M.C., ch. 23, § 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.)
(a) Any person who sells, offers for sale, installs, operates, maintains or uses any appliance, device, equipment, system or process which requires a permit, approval or certificate and has not obtained the same shall be guilty of a misdemeanor.
(b) Any person who stores, handles or uses any materials for which a permit is required and who has not obtained the same shall be guilty of a misdemeanor. (1975 L.M.C., ch. 23, § 1.)
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