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(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.
(a) Generally. Whenever the Director, or other authorized fire official, finds any structure or upon any premises dangerous or hazardous conditions or materials as follows, the Director must order such dangerous conditions or materials to be removed or remedied in accordance with the provisions of this code:
(1) Dangerous conditions which are liable to cause or contribute to the spread of fire in or on said premises, building or structure or endanger the occupants thereof.
(2) Conditions which would interfere with the efficiency and use of any fire protection equipment.
(3) Obstructions to or on fire escapes, stairs, passageways, exitways, doors or windows, liable to interfere with the egress of occupants or the operations of the fire department in case of fire.
(4) Accumulations of dust or waste material in air conditioning or ventilating systems or the grease in kitchen or other exhaust ducts.
(5) Accumulations of grease on kitchen cooking equipment, or oil, grease or dirt upon, under or around any mechanical equipment.
(6) Accumulations of rubbish, waste, paper, boxes, shavings or other combustible materials or excessive storage of any combustible material.
(7) Hazardous conditions arising from defective, inadequate or improperly used or installed electrical wiring, equipment or appliances.
(8) Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, flammable, explosive or otherwise hazardous materials.
(9) Dangerous or unlawful amounts of combustible, flammable, explosive or otherwise hazardous materials.
(10) Reduced effectiveness of any fire wall, fire separation wall, fire partition or any opening protective assembly provided therein.
(11) Hazardous conditions arising from defective or improperly installed or maintained fire protection systems, internal communications systems or fire ventilation systems.
(b) Notice to repair, alter, etc.; condemnation tags. Whenever the Director deems any chimney, smoke stack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto or anything regulated under provisions of this code in or upon any building, structure or premise to be defective or unsafe so as to create an immediate hazard, he or she must serve upon the owner or the person having control of the property written notice to repair or alter as necessary and must notify any other authority enforcing codes regulating such equipment. He or she may affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag may be removed only by the order of the Director and may be removed only when the hazard to which the order pertains has been eliminated in an approved manner. Until removed, that item or device which has caused the hazard must not be used or permitted to be used. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
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