Loading...
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.)
(a) The Director must designate in writing a qualified individual to serve as the County Fire Marshal. Under State law, the County Fire Marshal serves as an assistant State fire marshal to enforce State fire prevention laws. The Director must appoint fire code inspectors to assist the Fire Marshal in performing the Fire Marshal’s duties. The County Fire Marshal may ask the State fire marshal to appoint one or more qualified employees of the Department of Permitting Services to serve as an assistant State fire marshal.
(b) The County Fire Marshal must inspect all buildings and premises in the County as often as necessary for compliance with the State Fire Prevention Code, the County Fire Safety Code (this Chapter), and any other applicable fire safety law or regulation, and to require correction of any other condition that the Fire Marshal determines unreasonably creates or would promote a hazardous condition. When the Fire Marshal sets a deadline for correction of a serious violation or other hazardous condition, the Fire Marshal should re-inspect the building or premises promptly after the deadline. The Fire Marshal may require a responsible party to provide, at the party’s own expense, certification by a qualified private fire protection engineer that the hazard was corrected on or before the deadline.
(c) In addition to any other inspection authority, the County Fire Marshal may, under State law, inspect any State, County, or municipally owned institutions, and any school, theater, church, or other place of public assembly.
(d) (1) The County Fire Marshal must inspect each school in the County at least once a year. The Fire Marshal must re-inspect a school within 10 days after the expiration of any deadline for correcting a fire code violation or other hazardous condition that was not corrected immediately during the original inspection.
(2) The Fire Marshal must not delegate or transfer any responsibility under this subsection to a municipal fire marshal unless the County Fire Marshal and the municipal fire marshal:
(A) annually agree in writing that the municipal fire marshal will carry out all responsibilities under this subsection for every school in the municipality;
(B) make the annual agreement available for public inspection; and
(C) provide a copy of each annual agreement to:
(i) the principal or other head of each school covered by the agreement; and
(ii) for public schools, the superintendent.
(3) In this subsection, “school” means any public or private:
(A) elementary or secondary school; or
(B) facility that provides early childhood education that requires approval by the State Department of Education. (1975 L.M.C., ch. 23, § 1; 2002 L.M.C., ch. 22, § 1; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 30, §1.)
(a) No officer, agent or employee of the county or municipality charged with enforcement of the fire safety code shall be personally liable for any damage that may occur to persons or properties as a result of any act required or permitted under this code or as a result of the institution or assistance in the prosecution of a criminal proceeding under this code, if he is acting within the scope of his authority and without malice. Any suit brought against any officer, agent or employee of the county or municipality, as a result of any act required or permitted in the discharge of his duties under this code, shall be defended by the proceedings therein.
(b) The county or municipality shall not be liable under this code for any damage to persons or property, if any, by reason of the inspection or reinspection of buildings and structures authorized hereunder, or failure to inspect or reinspect such buildings, or by reason of any permit issued hereunder or the approval or disapproval of any equipment issued hereunder or the approval or disapproval of any equipment authorized herein. (1975 L.M.C., ch. 23, § 1.)
Editor’s note-The above section is cited in Utica Mutual Insurance Company v. Gaithersburg- Washington Grove Fire Department, Inc., 53 Md.App. 5589, 455 A.2d 987 (1983).
State law reference-Inspections, Ann. Code of Md. art. 48, §§ 181--183.
(a) Acceptance tests generally. It shall be unlawful to occupy any building, structure or any portion thereof until all required fire protection systems have been tested, accepted and approved by the appropriate county official.
(b) Expenses. Inspection and tests of fire suppression, alarm detection and any other fire protection systems, devices and equipment shall be conducted by and at the expense and risk of the owner or his authorized representative.
(c) Notification of central communications center. When testing any suppression system, standpipe or fire alarm system which is connected to a central supervisory station or directly to the fire department, notification shall be given to the central fire communications center before initiation of the test.
(d) Frequency. The test pipe at the top of all suppression systems shall be operated at least once a year to determine that there is free flow at adequate pressure and that the supervisory service, if any exists is operating properly. Auxiliary systems which are supplied from a domestic water source and which are not required to provide a test line may be exempt from the requirements of this section.
(e) Fire pumps. All fire pumps that automatically supply water to suppression systems and standpipes shall be operated periodically and at least once every thirty (30) days, until water is discharged freely from the relief valve.
(f) Fire alarm systems (manual pull stations). All interior fire alarm signal systems within all buildings shall be tested monthly. The use of the system for fire drill purposes shall be accepted as a test of only those parts of the system actually used in the drill procedure. Accurate logs shall be maintained on the premises indicating box number, location, date and type of device tested. Any defect, modification or repair shall be logged, and the log shall be available to the Director.
(g) Fire alarms (automatically activated). Automatic fire alarms, fire detecting devices and all alarms which monitor control valves and flow switches for fire protection and fire alarm equipment, and which transmit a signal to a central supervisory station must be tested at least once a year. Notification shall be given as required under subsection (c) of this section.
(h) Fire safety devices. Special fire safety devices including automatic smoke venting equipment, emergency generators and any other special fire safety equipment required to be installed in any building, structure or premises shall be tested by the owner or his authorized representative as prescribed by the Director.
(i) Test records. A complete written record of all tests and inspections required under this chapter shall be maintained on the premises by the owner or occupant in charge of said premises, and all such records shall be submitted to the Director when requested for his inspection and evaluation.
(j) Marking of fire equipment controls. All controls or disconnects for fire pumps shall be clearly identified by red marking with the words, "Fire Pump," in white letters. (1975 L.M.C., ch. 23, § 1.)
Loading...