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(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.)
(a) All fire protection systems, fire alarm systems, fire detection systems, fire and smoke ventilation systems, fixed fire communications systems, emergency lighting systems, devices or units which were installed in compliance with any permit or order, or because of any law or order, or because of any regulation or ordinance, shall be maintained in an operative condition at all times, and it shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required; except, that this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make tests, repairs, alterations or additions. Except for household fire warning systems, the central fire communications center shall be notified before any disconnection or interruption of protection, tests, repairs, alterations or additions are started, and shall be advised of the extent of and the reason for such work. The restoration of the protection shall be diligently prosecuted, and the central fire communications center shall be notified immediately when service is restored.
(b) When any required fire alarm, fire communication, fire extinguishing, fire detecting, first aid fire fighting system, device or unit, or part thereof becomes inoperative, the Director may order said building or structure or portion thereof vacated until such inoperative system, device or unit is repaired and returned to full service. The Director may permit the building or structure or portion thereof to be occupied when he finds that suitable alternative protective measures are provided. (1975 L.M.C., ch. 23, § 1.)
(a) Definitions.
Automatic fire detector: The term "automatic fire detector" shall mean an assembly designed to detect the presence of fire and initiate action.
Device: The term "device" shall include any single station alarm device or any multiple station alarm device.
Fire detection system: The term "fire detection system" shall mean any arrangement of two (2) or more automatic fire detectors connected through a separate control and shall include associated gongs, horns, bells, transformers, wiring or other components which in combination sense the presence of fire and initiate alarm action.
Multiple station alarm device: The term "multiple station alarm device" shall mean single station alarm devices, two (2) or more, which may be interconnected so that actuation of one (1) causes all integral or separate audible alarms to operate. It may also consist of one (1) single station alarm device having connections for other detectors or manual stations.
Single station alarm device: The term "single station alarm device" shall mean an assembly incorporating the detector, control equipment, and the alarm sounding equipment in one (1) unit, operated from a power supply either in the unit, or obtained at the point of installation.
Automatic fire detectors shall be classified in accordance with the provisions of the Standard for Automatic Fire Detectors, NFPA #72 E, 1974 edition.
(b) Required. A person, directly or through an agent, must not sell, offer for sale, lease or install any type of fire detection system or device until the Director of Permitting Services has issued the certificate of approval or permit required by this Section.
(c) Certificate of approval for devices. Application for a certificate of approval must be in a form specified by the Director of Permitting Services. The applicant must supply complete copies of the report of any nationally recognized testing laboratories which have examined the fire detection device.
If the Director finds that the fire detection device submitted will function dependably, and that the device has been tested and approved or listed by a recognized testing laboratory, the Director must issue a certificate of approval subject to the condition that the installation of the device complies with all applicable laws.
If the Director finds that the fire detection device is not likely to operate dependably or the device has not been tested and approved or listed by a recognized testing laboratory, the Director must disapprove the application and specify the reasons for the disapproval.
(d) Permit for installation of system. Before any fire detection system is installed, the agent, contractor or installer must apply to the Director of Permitting Services for a permit. Two complete sets of drawings and specifications must accompany the permit application. This permit is in addition to any other permit required by law. A single permit may be issued for multiple dwelling units for new construction if similar household fire detection systems are being installed in more than one dwelling unit under the control of a single owner, developer or manager. Any variation in floor plan, number of detectors or model number of components must be specified on the permit application.
If the Director finds that any part of the fire detection system is not likely to function dependably or does not conform with specific requirements in this Chapter or other County laws, the Director must disapprove the application and specify the reason for the disapproval. The Director must review and approve any combination system only for fire warning purposes and not for any other function of the combination system.
(e) Permit for connection of system. When the Director of Permitting Services has issued a permit to install a fire alarm system, and if the system requires connection to a source of energy which is regulated under the County electrical code, a permit for the necessary connection must be obtained from the Department of Permitting Services. (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; 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.
(a) Generally. All occupancies containing cooking equipment in commercial, industrial, institutional, assembly and similar cooking applications other than installations for residential single family use shall:
(1) Have hoods, duct, and grease removal equipment installed in conformance with this chapter and other applicable sections of the County Code.
(2) Have installed and maintained an automatic fire extinguishing system approved by the Director.
(b) Installation of automatic fire extinguishing systems. The system shall be installed by a contractor who has been certified by the manufacturer as competent to install the equipment. Such certification shall be provided to the Director.
(c) Plans and specifications. Working plans and specifications shall be submitted to the Director for review and approval prior to installation. The plans shall include:
(1) Diagram of area and equipment to be protected including the dimensions of the hood and duct and all surfaces and appliances.
(2) Manufacturer and model number of system or systems proposed.
(3) Diagram of system piping and all component parts.
i. Size and length of piping and pipe schedule
ii. Size and number of elbows and tees
iii. Model numbers and location of nozzles
iv. Location and temperature of fusible links
v. Location of system canister
vi. Location of manual means of activation
vii. Location and identity of any auxiliary equipment, including gas and power (electric) shutoffs.
(4) At least one (1) current manufacturer’s installation manual shall be provided to the local fire authority for each system installed.
(5) Where field conditions necessitate change from the approved plans, the Director shall be consulted.
(d) Inspection.
(1) A final inspection of the installed system shall be made by the Director, which shall include witnessing of a test of the automatic and manual operating devices.
(2) The Director shall be notified twenty-four (24) hours prior to the test.
(3) Extinguishing systems shall be inspected at intervals required by the Director, but in no case less than once each six (6) months.
(4) A copy of the certificate of inspection signed by the inspector, approved by the Director, shall be forwarded to the division of fire prevention within five (5) days after inspection or servicing.
(e) Cleaning. All ducts, hoods, and grease collection equipment shall be cleaned not less than four (4) times each year. (1975 L.M.C., ch. 23, § 1.)
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