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(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.
(a) Notifying fire department. Whenever a fire occurs in any building or premises of any kind, it shall be the duty of the owner, manager, occupant or person in control of such building or premises, upon discovery of a fire or evidence of there having been a fire, even though it has apparently been extinguished, immediately to cause notice of the existence of such fire, circumstances of same and the location thereof to be given to the central fire communications center. This requirement shall not be construed to forbid the owner, manager or person in control of the aforementioned building or premises from using all diligence necessary to extinguish such fire prior to the arrival of the fire department. No person shall make, issue, post or maintain any regulation or order, written or verbal, that would require any person to take any delaying action prior to reporting a fire to the central fire communications center.
(b) Evacuation. Whenever a fire occurs in a building or there is reason to believe a fire exists in a building, the building must be immediately evacuated and not reoccupied without the permission of the fire official in charge. If the building is provided with a manual fire alarm system, it is the duty of any person who has knowledge of the fire to activate the manual fire alarm. Complete evacuation is not required when other procedures are detailed in a fire plan that has been approved by the fire official. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
In all buildings and structures containing elevators, there shall be permanently affixed within all elevators a prominent, plainly marked notice approved by the Director to read:
WARNING
ELEVATORS SHALL NOT BE USED IN THE EVENT
OF FIRE. USE MARKED EXIT STAIRWAYS.
ELEVATORS SHALL NOT BE USED IN THE EVENT
OF FIRE. USE MARKED EXIT STAIRWAYS.
(1975 L.M.C., ch. 23, § 1.)
Every outside window in a building used for manufacturing purposes or for storage which opens directly on any hoistway or other vertical means of communication between two (2) or more floors in such building, shall be plainly marked with the word "SHAFTWAY" in red letters at least six (6) inches high on a white background. Such warning sign shall be so placed as to be easily discernible from the outside of the building. Every door or window opening on such shaftway from the interior of the building, unless the construction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance, shall be similarly marked with the warning word "SHAFTWAY" so placed as to be easily visible to anyone approaching the shaftway from the interior of the building. (1975 L.M.C., ch. 23, § 1.)
No person owning or having charge or control of any premises shall allow to exist thereon any dry vegetation, standing or otherwise, or any combustible waste or refuse of any nature which, by reason of its proximity to buildings or structures, would constitute a fire hazard. (1975 L.M.C., ch. 23, § 1.)
Cross reference-Weeds, ch. 58.
(a) Commencement of proceedings to repair, etc. Whenever the Director has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation, securing or demolition of the building.
(b) Ordering dangerous materials or conditions removed. Whenever the Director shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated conditions, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever he shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied immediately.
(c) Vacation of premises; locking, etc. of premises. Whenever the Director shall find any building or other structure which, for want of repairs, or because of damage done by storm, fire, explosion, natural wear and tear or other causes of damage or deterioration, is in such condition as to constitute an immediate and present danger to life, property or public safety, the Director is authorized to order the premises vacated immediately, if occupied, and is further authorized to post notice on the property and to order the property locked and boarded to prevent any person from entering onto the premises. If the unsafe and dangerous conditions are not corrected in accordance with the order of the Director and no appeal has been taken as provided in this chapter, the building or structure may be secured and boarded by the county or may be removed by the county, whichever shall be required to remedy the unsafe condition. If the owner has not maintained or has been unable to maintain the building in a safe, locked and boarded condition as previously ordered, the Director may order the demolition of the building, the filling of any excavation and the clearing of the property so that it will be in a safe condition. The cost of removal or securing by the county shall be charged to the owner of the property in the manner of taxes and such charge shall be a lien on the property. The cost to the county for removal or securing may also be collected as other debts. Nothing in this section is intended to provide authority to order removal or to remove buildings for aesthetic reasons only.
(d) Notice and order generally. The Director shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
(1) The street address and legal description sufficient for identification of the premise upon which the building is located.
(2) A statement that the Director has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous.
(3) A statement of the action required to be taken as determined by the Director.
(4) Statements advising that if any required repair or demolition work is not commenced within the time specified, the Director may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
(5) Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order to the board of appeals; provided, that the appeal is made in writing as provided in this code, and filed within ten (10) days from the date of service, and (ii) that failure to appeal will constitute a waiver of all right to administrative hearing and determination of the matter.
(e) Method of service of notice and order. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last assessment roll of the county or as known to the Director. If no address of any such person so appears or is known to the Director, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings, and a copy shall be posted at or near the main entrance to the building. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(f) Posting and form of notice to vacate. Every notice to vacate must, in addition to being served as provided in subsection (e) of this section, be posted at or upon each exit of the building, and be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Department of
Permitting Services
Montgomery County, Maryland
or to remove or deface this notice.
Department of
Permitting Services
Montgomery County, Maryland
(g) Compliance with notice to vacate. Whenever such notice is posted, the Director shall include a notification thereof in the notice and order issued by him under subsection (d) of this section reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed. Any person violating this subsection shall be guilty of a misdemeanor.
(h) Stay of notice and order during appeals. Except for vacation orders, enforcement of any notice and order of the Director issued under this section shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(i) Failure to obey order. After any order of the Director or the board of appeals made pursuant to this section shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey and such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.
(j) Authority of Director on failure to obey final order. If, after any order of the Director or board of appeals made pursuant to this section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Director may (i) cause such person to be prosecuted undersubsection (i) of this section or (ii) institute any appropriate action to abate such building as a public nuisance, or both.
(k) Extensions. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Director may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Director’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
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