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(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.)
(a) The Director may recommend, and the Executive may adopt, under method (2) of section 2A-15 of this Code, written regulations for the administration of the provisions of this chapter including a schedule of fees and hold public hearings as part of this regulation- making process. Such regulations and amendments thereto must not conflict with nor waive any provisions of this chapter nor be less restrictive than its provisions. In the case of fees, the County Executive must promptly forward to the county council a copy of the new fee schedule for use in budgetary planning activities. Such fees must be in accordance with formulas based upon criteria to include area or estimated cost of construction, or cost of inspection and processing or a minimal set fee per category, not to exceed the cost of administering and enforcing this code.
(b) The Director must hold public hearings, upon adequate public notice of not less than thirty (30) days, before forwarding his or her recommendations for regulations setting forth the standards and requirements for controlling the hazards of fire and explosion from improper storage, handling or use of substances, materials or devices and for controlling the hazardous use of property. (1975 L.M.C., ch. 23, § 1; 1984 L.M.C., ch. 24, § 23; 1984 L.M.C., ch. 27, § 18; 2016 L.M.C., ch. 30, §1.)
The Director must recommend that the Executive adopt by regulation under Section 22-13 those parts of the National Fire Code as published by the National Fire Protection Association, or a comparable code published by a similar organization, that the Director finds will promote the purposes of this Chapter. (1975 L.M.C., ch. 23, § 1; Res. No. 9-817; 2011 L.M.C., ch. 17, § 1; 2016 L.M.C., ch. 30, §1.)
Editor’s note—See County Attorney Opinion dated 11/2/8/11-A regarding the constitutionality of permitting community benefits agreements.
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.
In occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required by the Director consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos, blankets, breathing apparatus, manual or automatic covers, or carbon dioxide, foam or other special fire extinguishing systems. Where such systems are installed, they must be in accordance with the applicable standards of the National Fire Protection Association. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
(a) The Director must prepare informational material designed to provide the public and prospective developers with a clear understanding of the procedures to be followed in securing approval of fire safety aspects of construction or rehabilitation projects. This information must be transmitted to the department or office responsible for the compilation and publication of the development manual required in subsection (d)(2) of section 2-27A for integration into such manual. Further, the Director must assure that all proposed regulatory and procedural changes regarding fire safety requirements are made available to the responsible department or office for inclusion in the agenda of regulatory change called for in subsection (d)(4) of section 2-27A. Furthermore, all significant interpretations of fire safety code provisions and all general waivers or precedent-setting waivers to such code provisions must be similarly forwarded to the responsible department or office in standardized format for circulation to users of the development manual.
(b) The Director is authorized and directed to designate a staff member(s) or a unit within the Department of Permitting Services to be responsible for providing information required herein to the public and to maintain a continuing liaison with industry representatives and other governmental agencies regulating or monitoring housing construction and occupancy. (1979 L.M.C., ch. 41, § 3; 2016 L.M.C., ch. 30, §1.)
Editor’s note-1979 L.M.C., ch. 41, § 4 provides that the provisions of such act adding new section 22- 4A; subsections (e) and (f) to section 22-6; and section 22-15A shall be implemented by the department of fire and rescue services no later than July 1, 1979, although the provisions of subsection (d) of section 22-4A shall be implemented no later than October 1, 1979.
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