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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.)
Any order or notice issued pursuant to this chapter shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service, or by delivering the same to and leaving it with some person of responsibility upon the premises, or by affixing a copy thereof in a conspicuous place at or near the entrance to such premises or by mailing a copy thereof to such person by registered or certified mail to the last known address with return receipt requested. (1975 L.M.C., ch. 23, § 1.)
(a) Generally. A person has committed a Class A violation if that person violates, permits a violation of, or does not comply with:
(1) this Chapter;
(2) an order issued under this Chapter;
(3) any building specification or plan approved under this Chapter; or
(4) any certificate, permit, or approval issued under this Chapter.
(b) Orders or notices.
(1) Any order or notice regarding a condition or violation which must be corrected must:
(A) set a deadline for compliance that is based on the danger created by the condition or violation;
(B) be complied with by the owner and any other person responsible for the condition or violation; and
(C) require immediate compliance if the condition or violation presents an extreme danger to any person or property.
(2) If the property is occupied by a person other than the owner, the owner is responsible for compliance with the order or notice unless within five days after the order or notice is issued:
(A) the owner and occupant agree that the occupant will comply with the order or notice; and
(B) the owner and occupant notify the Director of this decision.
(c) Unauthorized tag removal. A person has committed a Class A violation if that person:
(1) continues using any device or appliance that was tagged under Section 22-16; or
(2) removes the tag without written permission of the Director. (1975 L.M.C., ch. 23, § 1; 2011 L.M.C., ch. 17, § 1; 2016 L.M.C., ch. 30, §1.)
Editor’s note—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.
(a) The fire official conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency shall have full power and authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property and prevent further injury or damage. In the pursuit of such operation, including the investigation of the cause of such emergency, the fire official may control or prohibit the approach to the scene of such emergency by any vehicle, vessel or thing and all persons not actually employed in the extinguishment of such fire or involved in other actions germane to the emergency.
(b) Any person who obstructs the operations of the fire department in connection with extinguishing any fire, or actions relative to other emergencies, or disobeys any lawful command of the fire official in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department, shall be in violation of this code and subject to the penalties established by law. (1975 L.M.C., ch. 23, § 1.)
(a) When, in the opinion of the Director, there is actual danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions or inadequacy of any exitway, the presence of explosives, explosive fumes or vapors, flammable liquids, vapors, gas or the presence of toxic fumes, gases or materials, the Director may order the immediate evacuation of such building, structure or premises. All of the occupants so notified shall immediately leave the building, structure or premises and no one shall enter or re-enter until authorized to do so by the Director.
(b) Any person who shall refuse to leave, interfere with the evacuation of other occupants or continue any operation after having been given an evacuation order except such work as he is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor. (1975 L.M.C., ch. 23, § 1.)
(a) Any person aggrieved by the issuance, denial, renewal, amendment, suspension, or revocation of a permit, license, or certificate under this Chapter may appeal to the County Board of Appeals within 10 days after the permit, license, or certificate is issued, denied, renewed, amended, suspended, or revoked. After notice and hearing, the Board may affirm, modify, or reverse the action taken.
(b) If a party is aggrieved by a final decision of the Board under this Chapter, the party may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.
(c) Unless the court reviewing the Board’s decision orders a stay, the decision remains in effect until a final decision of the court. (1975 L.M.C., ch. 23, § 1; 2011 L.M.C., ch. 17, § 1.)
Editor’s note—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.
Any violation of any provisions of this chapter or regulations promulgated hereunder shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day that a violation continues shall be deemed a separate offense. (1975 L.M.C., ch. 23, § 1; 1983 L.M.C., ch. 22, § 24.)
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