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(a) Storage containers. Cylinders and pressure vessels shall be designed, constructed, tested and maintained in accordance with nationally recognized good practice. Each cylinder, pressure vessel or group of containers shall be marked with the name of the gas contained in accordance with nationally recognized good practice.
(b) Storage and use. All compressed gas cylinders in service or in storage shall be adequately secured to prevent falling or being knocked over. (1975 L.M.C., ch. 23, § 1.)
(a) The central fire communication center shall be notified in writing at least twenty-four (24) hours before any fumigation operation in accordance with the provisions of Standard for Fumigation, NFPA #57.
(b) All fumigation operations shall be conducted in accordance with the Standard for Fumigation, NFPA #57. (1975 L.M.C., ch. 23, § 1.)
(a) Defined. The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedos, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models and shall not include toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper or plastic caps are used and toy paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.
(b) Manufacture. It shall be unlawful to manufacture fireworks within Montgomery County.
(c) Possession or use. Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell or use, burn or explode any fireworks; provided, that the possession, sale or discharge of fireworks are permitted when such activities are conducted under a permit issued by the state fire marshal.
(d) Signal purposes, shows, etc. Nothing in this section shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations.
(e) Storage. No person shall keep or store fireworks in the county for a period in excess of eight (8) hours unless such person shall have a valid permit from the state fire marshal for a display within the county and unless such storage site has been approved by the Director. (1975 L.M.C., ch. 23, § 1.)
(a) Standards. National Fire Protection Association Code for the Manufacturing, Transportation, Storage, and Use of Explosive Materials, NFPA #495, is hereby adopted as if such standard were set out in full in this section. The following sections are hereby deleted from the standard adopted by this subsection. In chapter 2, paragraph 22, permit requirements; paragraph 23, permit classes; paragraph 24 blaster’s permit; paragraph 251, permit to use.
(b) Permit to blast. No person shall use any explosives within the county unless a permit shall have been first obtained for such use from the Director. The Director shall issue the permit where he finds that the applicant has sufficient experience in, and knowledge of, the use of explosives to assure that they will be used so as not to endanger the health or safety of his fellow workmen or the general public. The Director shall state in the permit the maximum amount of explosives to be used in any one charge and he may state the total amount of explosives to be used at the location stated in the application. The maximum amounts fixed by the Director shall be such as to protect the health and safety of the general public and the fellow workmen of the permittee. Explosives shall not be used in an amount in excess of the limits stated in the permit.
(c) Hours of blasting operations. Blasting operations shall not be conducted within the county between the hours of 7:00 p.m. and 7:00 a.m. nor at any time on Sunday, except by special permission by the Director.
(d) Handling generally. The handling of explosives may be performed by other employees; provided, that the work is done under the direct supervision of the person holding the permit to use explosives.
(e) Handling by intoxicated persons. No person shall handle explosives while under the influence of intoxicating liquors or narcotics.
(f) Smoking. No person shall smoke while handling explosives or in the vicinity thereof.
(g) Open flames. No open flame lamp or light shall be used in the vicinity of explosives.
(h) Possession of permit. The permit shall be made out in the name of and shall be in the possession of the person supervising the use of the explosives. (1975 L.M.C., ch. 23, §1.)
(a) Permit required. A permit in accordance with the provisions of the Code for Model Rocketry, NFPA #41-L, shall be obtained before launching any model rocket.
(b) Standards. The provisions of the Code for Model Rocketry, NFPA #41-L, shall apply to all model rocketry activities.
(c) Dangerous rockets. Any model rocket or model rocket engine that does not comply with the requirements for construction in the standard adopted in subsection (b) of this section shall be considered a dangerous rocket. Any person who shall construct, manufacture, possess, give away, sell or launch such dangerous rocket shall be subject to the provisions of the fireworks section of this chapter. (1975 L.M.C., ch. 23, § 1.)
(a) For the purpose of this section an emergency alarm shall be deemed and construed as being any act as follows: The giving, signaling or transmitting to the central fire communications center, any fire station, any rescue station, or any officer or member thereof, whether by telephone, spoken word or otherwise, information to the effect that there is a fire, explosion, injured person, sick person, person trapped, building collapse, gas leak or other emergency to which fire or rescue apparatus normally responds at or near the place indicated by the person giving, signaling or transmitting such information.
(b) Any person who deliberately or maliciously gives, signals or transmits, or who causes or permits to be given, signaled or transmitted an emergency alarm when in fact that person knows that no such emergency exists shall be guilty of a misdemeanor.
(c) It shall be unlawful for any person to tamper with or maliciously injure any fire alarm equipment maintained for the purpose of transmitting fire alarms to the fire department. (1975 L.M.C., ch. 23, § 1.)
(a) Posting. Hotels, motels, apartment houses, lodging houses and all other residential occupancies except one- and two-family dwellings, shall have a printed copy of fire safety instructions permanently and conspicuously posted in each occupancy unit and at such other locations as required by the Director. The text and posting location shall be subject to the approval of the Director.
(b) Fire plans. The person responsible for fire safety in all buildings more than seventy-five (75) feet in height, buildings serving as housing for senior citizens, building housing institutional or educational occupancies, or such other buildings as may be required by the Director, shall prepare a written plan which details adequate procedures for occupants in case of fire. The plan shall be submitted to the Director for approval. After approval the plan shall be distributed to appropriate occupants of the building.
(c) Emergency safety plan for multifamily rental building – required.
(1) Definitions. For purposes of this Section:
Department means the Department of Permitting Services.
Director means the Director of the Department or the Director’s designee.
Emergency safety plan means a plan approved by the Department in accordance with this Section.
(2) Emergency safety plan - requirements.
(A) Each landlord of a multifamily dwelling must submit a proposed emergency safety plan on a form prescribed by the Director for review and approval by the Department.
(B) Lease requirement. After the Department approves an emergency safety plan, the landlord must include the plan in each lease agreement as required under Section 29-27 and must operate in accordance with the approved plan.
(C) Frequency of plan. An emergency safety plan expires every three years. A landlord is required to update its plan and obtain a new approval from the Department to remain in compliance with this Section.
(D) Scope and contents of the plan. The emergency safety plan must, at a minimum, include:
i. an evacuation map;
ii. the location of fire extinguishers;
iii. the type of fire alarm system installed;
iv. a point of contact or the type of communication that will be used by the landlord during and after the emergency;
v. details regarding alternate housing when a tenant is displaced due to the building emergency; and
vi. any other standards prescribed by the Director established by executive regulations.
(E) Availability of plan. A landlord must make available the emergency safety plan to the County Fire & Rescue Department, or any other emergency response personnel, upon request.
(3) Established. The Department is authorized to review each emergency safety plan submitted by a landlord of a multifamily rental building in accordance with this Section.
(4) Plan review. Upon receipt of a plan, the Department may coordinate with other relevant departments to evaluate the adequacy of a plan. The Department must recommend approval or denial of the submitted emergency safety plan. A decision whether to approve or deny a safety plan under this Section must be based on the requirements developed under subsection (b) and executive regulations.
(5) Reconsideration of plan after denial.
(A) Within 30 days after the Director issues a denial, a landlord may file a request for reconsideration of an emergency safety plan.
(B) An alternative safety measure may be approved and implemented if the Director determines that such measures may provide equivalent or acceptable safety for a multifamily building.
(6) Emergency plan guidance for landlords. The Department, in coordination with Department of Housing and Community Affairs, and the County’s Office of Emergency Management and Homeland Security, and any other relevant departments, must develop and make publicly available for landlords best practices for establishing an emergency safety plan.
(7) Regulations. The Executive must adopt Method (2) regulations to implement the requirements of this Section. The regulations must include procedures for a landlord to submit and for the Director to consider, review, and reconsider a proposed emergency safety plan by a landlord.
(8) Increase calls for service – plan addendum required. If the Director receives a notification by Montgomery County Fire and Rescue Services (MCFRS) of a multifamily property that has 10 or more calls for service for a fire-related emergency within a 12-month period, the Director may require the property owner to submit an addendum to the emergency safety plan under paragraph (2) of subsection (c).
(9) The plan addendum, under paragraph (8), must be submitted by the property owner and provide a step-by-step implementation process to reduce fire-related calls for service. The Director may, in consultation with MCFRS, require certain action steps included in the plan addendum.
(10) Time for submission. The property owner must submit the plan addendum within 60 days, after notification by the Director under paragraph (8). The Director must review the amended plan within 30 days of receipt from the property owner and decide whether to approve or disapprove the plan. An amended plan approved by the Director must be implemented by the property owner within 90 days after receipt of approval.
(11) Reconsideration of plan addendum. If the plan addendum is not approved, the Director must provide an explanation of why the plan was not approved and include alternative measures for the property owner.
(12) A plan addendum may include, at minimum:
(A) efforts to hire security guards or additional building personnel;
(B) repair or replace faulty alarm systems;
(C) facilitate opportunities for the County to provide outreach and educational resources to residents regarding fire safety;
(D) contract with a vendor to provide outreach and educational resources to residents regarding fire safety and prevention of false alarms; or
(E) other fire alarm reduction strategies as determined by the Director, in consultation with MCFRS. (1975 L.M.C., ch. 23, § 1; 2024 L.M.C., ch. 10, § 1.)
Editor’s note—2024 L.M.C., ch. 10
, § 2, states: Sec. 2. Transition. The requirements for an emergency safety plan under subsection (z) of Section 29-27, paragraph (13) of Section 29-30, and Section 22-74, added under Section 1 of this Act, must not be enforced, or take effect until Method (2) regulations under Section 22-74 are approved by the County Council.
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