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(a) Exits shall be provided and maintained as required by this chapter and the applicable sections of the Montgomery County Code.
(b) All doors in or leading to exits shall be maintained operable from the inside without the use of a key or any special knowledge or effort at all times when the building or area served thereby is occupied.
(c) Special purpose door alarms or bolting devices shall be approved by the Director prior to installation. Manually operated edge or surface mounted flush bolts are prohibited.
(d) In other than individual dwelling units no person shall place, store or keep, or permit to be placed, stored or kept any materials the presence or burning of which would obstruct or render hazardous an exit.
(e) No person shall at any time place an encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire.
(f) All fire exit doors which open into stairways or exit passageways and any doors which are installed across corridors to provide fire or smoke barriers shall be self-closing and shall be so maintained or shall be automatic doors which will close upon activation of a fail safe type of approved smoke detection device.
(g) It shall be unlawful to block, obstruct or otherwise impair the operation of any door required to be self-closing or automatic.
(h) All doors which are installed to provide protection of openings in exit stairways or exit corridors shall be equipped with a positive latching device to prevent the spread of smoke and fire.
(i) No person shall block, impede or obstruct any aisle, passageway, hallway, lobby, foyer or stairway leading to or from an entrance or exit required by law which will prevent, delay, hinder or interfere with the free use of such passageway by any person.
(j) The following exceptions are provided to the requirements to provide free and unobstructed egress from all parts of all buildings and structures at all times.
(1) In mental, penal or corrective institutions where supervisory personnel is continually on duty and effective provisions, approved by the Director, are made to remove occupants in the case of fire or other emergency.
(2) When approved by the Director, in buildings occupied only by personnel whose principal duty is the security of the building and when each such person has keys to an adequate number of exits, the prohibition against the use of keys in exit doors may be waived. (1975 L.M.C., ch. 23, § 1.)
(a) Occupancy certificate generally. In every place of public or private assembly, there must be a certificate permanently posted in a conspicuous place in the room near the entrance. Such certificate must be furnished and signed by the Director, and must read as follows:
Not more than ___________ persons permitted in ________________
_________________________________________________________
Department of
Permitting Services
Montgomery County, Maryland
Permitting Services
Montgomery County, Maryland
(b) Capacity in excess of occupancy certificate. No owner, operator or manager or person in charge or agent for employee shall permit within a place of public or private assembly any persons in excess of the number allowed by the capacity certificate for such place. In any doubt as to the computation of occupancy load, the capacity certificate shall control.
(c) Sale of tickets in excess of occupancy certificate limit. No owner, operator, manager or agent or employee of any place of public or private assembly hereto referred shall sell or permit any employee, agent or servant to sell for a single performance or between the beginning and end of any single performance or show (including short or extra attractions in the case of motion pictures) more tickets or admissions than the number of persons allowed within such place by the capacity certificate. Such sale of an excess number of tickets or admissions shall be prima facie evidence of the violation of this chapter.
(d) Posting of occupancy certificate. It shall be unlawful to operate or use any place of assembly unless the capacity certificate required by subsection (a) of this section is conspicuously posted.
(e) Audiences to be informed of exits. It shall be the duty of the person in charge of any theatre or place of public assembly to call the attention of those present, immediately prior to the beginning of the play, address or other matter of proceedings for which the people are assembled, to the number and location of the several exits in the building or hall and to state that the doors to all such exits are unlocked. Before making such announcement, it shall be the duty of such person to make an actual inspection to verify the fact or to see that said doors are unlocked.
(1) It shall be the duty of the person in charge of every public or private assembly to call the attention of everyone present at a performance, address, exhibition or other matter of proceeding to the exits by displaying or announcing the following:
NOTICE
For your own safety, LOOK for your nearest EXIT. In
case of emergency, WALK, do not RUN, to that EXIT.
case of emergency, WALK, do not RUN, to that EXIT.
(2) The requirement for calling the attention of everyone present in any public or private assembly shall be considered complied with by one of the following:
i. Oral announcement of the above notice from stage, platform on floor at the beginning of every performance, address, exhibition, contest or other matter of proceedings.
ii. Showing the above notice on cinema screen where moving or stereopticon pictures are shown.
iii. Printing the above notice in bold type letters not less than one-fourth inch in height on the back of programs for such performances, matters or other proceedings, and nothing but the said notice shall be placed thereon.
iv. Having a fixed sign or signs displaying the above notice printed in letters of a size and clearness that can be easily read from any and every point in the assembly room.
(f) Interior finish. Walls, ceilings and floor covering shall be in accordance with the interior finish requirements listed in NFPA 101, Life Safety Code, adopted in section 22-14.
(g) Decorations-Defined. Decorative material shall include all such material as curtains, draperies, streamers, surface coverings applied over interior finish for decorative, acoustical or other effect and also cloth, cotton batting, straw, vines, leaves, trees and moss used for decorative effect, but it shall not include floor coverings, ordinary window shades, nor materials one twenty-eighth of an inch or less in thickness applied directly and adhering tightly to a noncombustible base.
(h) Same-Use of flammable material, etc. No decorative material shall be used which as applied will ignite and allow flame to spread over the surface or allows burning particles to drop when exposed to a match flame test applied to a piece removed from the material and tested in a safe place. The piece shall be held in a vertical position and the bottom edge exposed to a flame from a common match held in a horizontal position, one-half inch underneath the piece, and at a constant location for a minimum of twelve (12) seconds.
(i) Same-Renewal of flameproofing treatments. Treatments used to accomplish this flameproofing shall be renewed as often as may be necessary to maintain the flameproof effect.
(j) Same-Pyroxylin coated fabrics. Pyroxylin coated fabric used as a decorative material in accordance with subsection (g) of this section or as a surface covering on fixed furnishings, shall be limited as follows: Such fabrics containing 1.4 ounces or more of cellulose nitrate per square yard shall not be used in excess of a total amount equivalent to one (1) square foot of fabric surface to fifteen (15) cubic feet of room volume. Each square foot of such fabric which contains 1.7 ounces or more of cellulose nitrate per square yard shall be counted as two (2) square feet in making this computation.
(k) Flammable screens. In places of assembly no motion picture screen or screen masking shall be used which will ignite and allow flame to spread over the surface when exposed to the match flame test described in subsection (h) of this section.
(l) Checking egress facilities. The operator or the person in charge of operation or use of any place of assembly shall check egress facilities before such place of assembly is occupied for any use to determine compliance with the provisions of this section.
(m) Locking, etc., of egress doors. During the period of occupancy, an egress door shall not be locked, bolted or otherwise fastened or obstructed by any means, so that the door cannot be opened from the inside by the use of the ordinary door latch or knob or by pressure on the door or on a panic release device.
(n) Aisles. In each room where chairs or tables and chairs are used the arrangement shall be such as to provide for ready access by aisles to each egress door. Aisles leading directly to an egress door shall have not less than thirty-six (36) inches clear width, which shall not be obstructed by chairs, tables or other objects.
(o) Obstructions. A part of a stairway, whether interior or exterior, or of a hallway, corridor, vestibule, balcony or bridge leading to a stairway or exitway shall not be used in any way that will obstruct or restrict its use as a means of egress or that will present a hazardous condition.
(p) Egress plan. A plan showing the capacity and location of exitways and of aisles leading thereto shall be submitted for approval to the Director and an approved copy shall be kept on display in the premises.
(q) Stopping of performance, etc. by Director. The Director, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress; or upon finding any condition which constitutes a serious menace to life shall cause the performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected.
(r) Failure to leave premises when requested to do so. Any person who fails to leave any premises that are overcrowded when told to do so by the management of the premises or any authorized enforcement officer shall be deemed in violation of this code and subject to the penalties provide by law.
(s) Capacity certificates deemed permit for certain purposes. Capacity certificates described in subsection (a) of this section shall be considered for the purposes of this chapter a permit and the provisions of sections 22-10, 22-11 and 22-12 shall apply to capacity certificates. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
(a) A tent or air supported structure covering an area in excess of one hundred twenty (120) square feet and used or intended to be used for gathering together of ten (10) or more persons shall not be erected, operated or maintained for any purpose without obtaining a permit from the building official. Such permit shall not be issued without concurrence by the Director. Tents used exclusively for recreational camping purposes shall be exempt from the above requirement. Special permits required by the building code shall be secured from the building official.
(b) All tents and air supported structures requiring a permit in subsection (a) of this section shall be designed, erected, maintained and used in accordance with the NFPA Standard for Tents, Grandstand and Air Supported Structures Used for Places of Assembly, NFPA #102. (1975 L.M.C., ch. 23, § 1.)
(a) A permit shall be obtained from the Director for any of the following:
(1) To install, remove, repair or alter in any way a stationary tank for the storage of flammable or combustible liquids, or to modify, and/or replace any line or dispensing device connected thereto.
(2) For the storage, handling or use of class I liquids in excess of one (1) gallon in a dwelling or other place of human habitation; or in excess of five (5) gallons in any other building or other occupancy; or in excess of ten (10) gallons outside of any building; except, that no permit shall be required for the following:
i. Flammable or combustible liquids in the fuel tank of a motor vehicle, aircraft, boat or portable or stationary engine;
ii. Flammable or combustible paints, oils, varnishes and similar mixtures used for painting or maintenance when not kept for a period in excess of thirty (30) days;
iii. Beverages when packaged in individual containers not exceeding one (1) gallon in size.
(3) Storage, handling or use of class II or class III combustible liquids in excess of twenty-five (25) gallons in a building; or in excess of sixty (60) gallons outside of a building; except, that no permit shall be required for the following:
i. Combustible liquids in the fuel tank of a motor vehicle, aircraft, boat or portable or stationary engine;
ii. Beverages when packaged in individual containers not exceeding one (1) gallon in size;
iii. Fuel oil in tanks connected to oil burning equipment used for heating a building or structure.
(4) For the manufacture, processing, blending or refining of flammable or combustible liquids.
(5) For the storage of flammable or combustible liquids in stationary tanks.
(6) For placing any flammable or combustible liquid stationary tank temporary or permanently out of service (see section 22-46).
(b) No person shall sell, deliver, or cause to be delivered, any commodity to any person not in possession of a valid permit when such permit is required by the provisions of this section. (1975 L.M.C., ch. 23, § 1.)
(a) Generally. Except where more specific requirements are found elsewhere in this chapter the use, storage and handling of flammable and combustible liquids shall be in accordance with National Fire Protection Association Flammable and Combustible Liquids Code, NFPA #30.
(b) Storage of class I liquids. The storage in excess of five (5) gallons of class I liquids shall be prohibited in all dwellings, dwelling units, apartment houses, hotels and other residential occupancies.
(c) Operation of gasoline power equipment in certain structures. It shall be unlawful to store any motor vehicle or any other gasoline powered equipment in any multi-family, hotel, motel, office, educational or institutional occupancy or any balcony attached thereto except as follows:
(1) In a garage construction in accordance with the provisions of the local building code.
(2) A storage room, not containing other combustible materials, separated from other parts of the building by construction having a fire resistance rating of at least one (1) hour and communicating openings protected by approved self-closing fire doors and equipped with automatic fire suppression system.
(d) Testing underground installations. Before being covered or placed in use, tanks and piping connected to underground tanks must be tested for tightness in the presence of the fire official. No portion of the system may be covered, filled with product or used until it has been approved by the department of Permitting Services. Test procedures must be specified by the Director. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
(a) Generally. Aboveground storage tanks for the storage of class I flammable and class II liquids shall be prohibited except as provided for in subsections (b), (c) and (d) of this section.
(b) Existing tanks. Existing aboveground tanks approved by the fire marshal prior to April 28, 1959, may be continued provided the installation does not constitute a hazard. The Director shall periodically inspect the installation for safety, and if he determines the installation or operation is no longer conducted or maintained in a safe manner, he shall have authority to require their removal or replacement with underground tanks.
(c) Agricultural storage. On farms portable tanks not exceeding six hundred sixty (660) gallons of class I liquid are hereby permitted, if stored fifty (50) feet or more away from buildings and adjoining property lines.
(d) Temporary use of portable tanks. The provisions of subsection (a) of this section do not prohibit the temporary use of portable tanks less than six hundred sixty (660) gallons capacity in conjunction with the dispensing of flammable or combustible liquids into the fuel tanks of motor vehicles or other motorized equipment on premises not normally accessible to the public. Such installation must only be made under permit from the department of Permitting Services. The permit must include a definite time limit, not to exceed six (6) months.
(e) Outside tanks supplying oil burning equipment. Outside aboveground tanks not exceeding five-hundred-fifty-gallon capacity may be used to supply oil burning equipment in one- or two-family detached dwelling.
(f) Bulk storage. Aboveground tanks for bulk storage of class II combustible liquids may be established in noncongested areas when the Director finds that installation will not adversely affect the safety of surrounding property. These installations shall be equipped with fixed fire suppression systems and such other safeguards as may be deemed necessary by the Director. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
(a) Permit required. A permit must be obtained from the department of Permitting Services to remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.
(b) Procedures. The procedures outlined in appendix C of the Flammable and Combustible Liquids Code, NFPA #30, shall be followed when tanks are placed temporarily out of service, abandoned or removed.
(c) Exposed piping. Whenever a tank is removed all exposed or aboveground fill inlets and vent pipes shall be removed unless such fill or vent pipes are to be immediately connected to another tank. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
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