Expedited Bill No.
--=2=9-'-1-=-6_ _ __
Concerning: Fire
Safety
Code
Administration - Reorganization
Revised: June
29, 2016
Draft No.
i _
Introduced:
July
12. 2016
Enacted:
September
20, 2016
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ---=-=-No=n..:..::e=----------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the"request of the County Executive
AN EXPEDITED ACT
to:
(1)
transfer the Fire Code Compliance Section to the Department of Permitting Services
and provide that certain duties performed by the Fire Code Compliance Section must
be performed by the Department of Permitting Services;
(2)
transfer to the Department of Permitting Services responsibility to implement certain
fire prevention and fire code compliance obligations imposed under Chapter 22, Fire
Safety Code;
(3)
identify the duties and responsibilities of the fire code inspectors;
(4)
provide that the Montgomery County Fire and Rescue Service retains authority for
fire and explosive investigations;
(5)
identify who may become assistant State fire marshal, special assistant State fire
marshal, and deputy State fire marshal pursuant to State law; and
(6)
generally amend the law related to the administration and enforcement of the Fire
Safety Code
By amending
Montgomery County Code
Chapter 2. In General
Section 2-42B
Chapter 22. Fire Safety Code
Sections 22-2, 22-3, 22-4A, 22-5, 22-6, 22-7, 22-9, 22-10, 22-13, 22-14, 22-15. 22-15A, 22-
16, 22-18, 22-23, 22-31, 22-33, 22-37, 22-39, 22-41, 22-44, 22-45, 22-46, 22-50, 22-75, 22-
79, 22-88, 22-96
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
* * *
The County Council for Montgomery County, Maryland approves the following Act:
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Sec. 1. Sections 2-42B, 22-2, 22-3, 22-4A, 22-5, 22-6, 22-7, 22-9, 22-10, 22-
13, 22-14, 22-15. 22-15A, 22-16, 22-18, 22-23, 22-31, 22-33, 22-37, 22-39, 22-41, 22-
44, 22-45, 22-46, 22-50, 22-75, 22-79, 22-88 and 22-96 are amended as follows:
2-42B. Functions; Advisory Committee.
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(a)
Functions.
The Department of Permitting Services is responsible for:
(1)
reviewing building plans and specifications, building permits,
occupancy permits, and licensing facilities for compliance with
fire prevention law.
In
exercising these functions, the Director of
Permitting Services [must] may consult with the Director of Fire
and Rescue Services in all matters involving the interpretation,
application, or revision of fire prevention laws and codes.
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(2)
code enforcement, inspection, and licenses (except where those
functions are assigned by law to another department or agency),
including:
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***
(C)
1ssmng building, electricat fire 8:larm, fire protection
system, mechanical, stormwater discharge, and on-site
water supply and sewage disposal permits;
(D)
administering and enforcing agricultural preservation and
historic resources laws and
regulations[.]~
and
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ill}
administering and enforcing the fire safety code, pursuant to
§_
22-6(d).
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***
22-2. Purpose; intent.
***
(b)
Where no specific standard or requirement is specified in this Chapter, or
any other applicable law or regulation, compliance with applicable
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standards of the National Fire Protection Association (NFPA),
International Code Council (ICC), American Insurance Association
(AIA), or any other nationally recognized fire safety standard approved
by the [Fire Chief] Director of Permitting Services is prima facie evidence
of compliance with this Chapter.
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***
22-3. Construction and scope of chapter.
(a)
This Chapter applies to existing conditions and to conditions arising after
this Chapter was adopted. However, a condition legally existing when
this Chapter was adopted, but not in strict compliance with this Chapter,
may continue only ifthe [Fire Chief] Director finds that the condition is
not a distinct hazard to life or property.
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***
(d)
Nothing in this Chapter [shall be construed to limit] limits the authority
of any [fire officer] individual who has been appointed [deputy or special
deputy] an assistant State fire marshal or special assistant State fire
marshal in accordance with the Public Safety Article [article 38A] of the
Annotated Code of Maryland, or the authority granted by other laws or
codes.
(
e)
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This Chapter does not render any other applicable law or regulation
invalid.
If
a conflict arises between this Chapter and another law or
regulation, the fire marshal and the head of the agency responsible for
enforcing the conflicting law or regulation must agree which applies.
If
they cannot agree, any remaining conflict must be referred to the [Fire
Chief] Director. The decision of the [Fire Chief] Director in any matter
relating to fire safety in or for any building, structure, area, or premises is
final. Within 30 days after any remaining conflict has been resolved, the
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[Fire Chief] Director and the head of the agency responsible for enforcing
the conflicting law or regulation must forward to the County Executive a
joint proposal to amend a law or regulation to eliminate the conflict.
***
22-4A. Certification procedure.
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(a)
The Director [of Permitting Services], in accordance with Chapter 8, may
recommend a waiver of an examination of plans for the erection or
alteration of a building which involve structural work or structural
changes affecting public safety or health if:
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***
(b)
The [Fire Chief] Director may waive all or part of the regular field
inspection of construction ifthe architect or engineer certifies to the [Fire
Chief] Director that:
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***
(
c)
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The [Fire Chief] Director may waive any final inspection under this
Chapter which relates to the issuance of a certificate of use and occupancy
if the registered engineer or architect who supervised the construction or
reconstruction of the building certifies to the [Fire Chief] Director under
oath that:
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***
(d)
The Director [of Permitting Services] may grant a waiver related to plan
review under subsection (a) if the waiver is warranted in light of
subsection (a) and:
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(
e)
***
The [Fire Chief] Director may grant a waiver related to construction
inspection, and use and occupancy inspection under subsections (b) and
(c), ifthe waiver is warranted in light of subsections (b) and (c) and:
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(f)
***
The [Fire Chief and the] Director [of Permitting Services] must issue a
decision on a request for a waiver under subsections (a), (b), and (c),
within 10 days after receiving the request. [Either the Fire Chief or the]
The Director [of Permitting Services] has complete discretion to approve
or reject a waiver. The decision of the [Fire Chief or the] Director [of
Permitting Services] is final, and no appeal may be taken.
If
[either the
Fire Chief or] the Director [of Permitting Services] grants a waiver, the
[Fire Chief or] Director must find
in
writing that the waiver complies with
subsection (d) or (e), as applicable.
(g)
The Director [of Permitting Services] may grant a waiver under this
Section only to the extent[:
(1)]
(2)
22-5. Definitions.
In
this Chapter, the following words have the following meanings:
permitted under State and local law!; and
delegated by the Fire Chief].
Agent[:
The term "agent"] means any person who [shall have] has charge, care
or control of any building as owner, or agent of the owner, or as executor,
executrix, administrator, administratrix, trustee or guardian of the estate of the
owner. Any such person representing the actual owner [shall be bound to] must
comply with the provisions of this code to the same extent as if he were the
owner.
Air supported structure[:
The phrase "air supported structure"] means a
structural and mechanical system which is constructed of high strength fabric or
film and achieves its shape, stability and support by pretensioning with internal
air pressure.
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Alternative[:]
means a system, condition, arrangement, material, or equipment
submitted to the [Fire Chief] Director as a substitute for a code requirement.
Approved[:]
means acceptable_to the [Fire Chief] Director. In determining the
acceptability of installations or procedures, equipment, or materials, the [Fire
Chief] Director may base acceptance on compliance with the NFPA or other
appropriate standards.
In the absence of such standards, the [Fire Chief]
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Director may require evidence of proper installation, procedure, or use. The
[Fire Chief] Director may also refer to the listings or labeling practices of any
nationally recognized testing laboratory; inspection agency, or other
organization which evaluates products and can determine compliance with
appropriate standards for and the satisfactory performance of such equipment or
materials in actual usage.
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Approved plastic container[:
The phrase "approved plastic container"] means
a plastic container of not more than five (5) gallons capacity which has been
labeled by Underwriters Laboratories, Inc., or Factory Mutual, Inc., as being
suitable for the storage of Class I flammable liquids.
Assembly[:
The term "assembly"] means places of assembly including, but not
limited to, all buildings or portions of buildings used for gathering together fifty
(50) or more persons in commercial places of assembly and one hundred (100)
or more persons in noncommercial places of assembly. Places of assembly
[shall] include those facilities used for such purposes as deliberation, worship,
entertainment, amusement, or awaiting transportation. Occupancy of any room
or space for assembly purposes by less than one hundred (100) persons in a
building of other occupancy and incidental to such other occupancy [shall] must
be classed as part of the other occupancy and subject to the provisions applicable
thereto.
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Authority havingjurisdiction[:
The Fire Chief] means the Director or Fire Chief
with appropriate responsibility.
Automatic fire extinguishing system[:
The phrase "automatic fire extinguishing
system"] means any system which is designed and installed to detect a fire and
subsequently expel an extinguishing agent without any human intervention.
Basement[:
The term "basement"] means a portion of the building partly
underground, but having less than half its clear height below the average grade
of the adjoining ground.
[Buildings:
The term
"buildings"]Building
means a structure wholly or partially
enclosed, either standing alone or cut off from other structures by fire walls, and
which is designed for housing persons, animals or property.
Building official[:
The phrase "building official"] means the officer or other
designated authority charged with the administration and enforcement of the
building code.
Burning[:
The term "burning"] means lighting, igniting, kindling, or setting fire
to combustible materials, adding fuel to a fire, or permitting combustible
material to bum.
Cellar[:
The term "cellar"] means the portion of the building, partly
underground, having half or more than half of its clear height below the average
grade of the adjoining ground.
Central fire communications center[:]
means the public fire service
communication facilities operated by the Montgomery County Fire and Rescue
Service as part of the County emergency operations center.
Central station[:
An] means an office to which remote alarm and supervisory
signaling devices are connected, where personnel are in attendance at all times
to supervise the circuits and investigate signals.
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Central station system[:
A] means£! system, or group of systems, in which the
operations of circuits and devices are signaled automatically to, recorded in,
maintained and supervised from an approved central station having competent
and experienced observers and operators who [shall] must, upon receipt of a
signal, take such action as [shall be] is required by this standard. Such systems
[shall] must be controlled and operated by a person, firm or corporation whose
principal business is the furnishing and maintaining of supervised signaling
service.
Combination system[:
A] means £! household fire warmng system whose
components may be used in whole or in part, in common with a nonfire
emergency signaling system, such as a burglar alarm system or an intercom
system, without degradation of or hazard to the fire warning system.
Compressed gas
[:
The phrase "compressed gas"] means and includes any
mixture or material having in the container either an absolute pressure exceeding
forty (40) pounds per square inch at seventy (70) degrees Fahrenheit or an
absolute pressure exceeding one hundred four (104) pounds per square inch at
one hundred thirty (130) degrees Fahrenheit or both; or any liquid flammable
material having a vapor pressure as defined in section 1.424 exceeding forty
(
40) pounds per square inch at one hundred (100) degrees Fahrenheit.
Combustible fiber[:
The phrase "combustible fiber"] means any material in a
fibrous or shredded form which will readily ignite when heat sources are
present.
Combustible liquid[:
The phrase "combustible liquid"] means a liquid having a
flash point at or above one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade). Combustible liquids [shall be] are subdivided as follows:
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Class II liquids
[shall] include those having flash points at or above one hundred
(100) degrees Fahrenheit (37.8 degrees Centigrade) and below one hundred
forty (140) degrees Fahrenheit (60 degrees Centigrade).
Class IIIA liquids
[shall] include those having flash points at or above one
hundred forty (140) degrees Fahrenheit (60 degrees Centigrade) and below two
hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Class IIIB liquids
[shall] include those having flash points at or above two
hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Combustible refuse[:
The phrase "combustible refuse"] means all combustible
or flammable loose rubbish, litter or waste materials generated by any
occupancy which are refused, rejected or considered worthless and are disposed
of by incineration on the premises where generated or periodically transported
from the premises.
Combustible waste[:
The phrase "combustible waste"] means combustible or
flammable loose waste materials which are generated by any establishment or
process and, being salvageable, are retained from scrap for reprocessing on the
premises where generated or transported to a plant for processing, including but
not limited to all combustible fibers, hay, straw, hair, feathers, down, wood
shavings, turnings, all types of paper products, soiled cloth trimmings and
cuttings, rubber trimmings and buffings, metal fines, and any mixture of the
above items or any other salvageable combustible or flammable waste material.
Director
means the Director of Permitting Services.
Distribute(:
The term "distribute" as used in this chapter shall include] includes
rental, leasing and giving away as a prize or a premium.
D. 0. T container[:
The phrase "D.
0.
T. container"] means any container
approved by the U.S. Department of Transportation for shipping any liquid,
gaseous or solid material of a flammable, toxic or other hazardous nature.
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Dwelling[:
The term "dwelling"] means a single unit providing complete and
independent living facilities for one (1) or more persons including permanent
provisions for living, sleeping, eating, cooking and sanitation.
Dwelling unit[:
The phrase "dwelling unit"] means one or more habitable rooms
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which are occupied or which are intended or designed to be occupied by one ( 1)
family with facilities for living, sleeping, cooking and eating.
Existing condition[:
The phrase "existing condition"] means any situation,
circumstance or physical makeup of any structure, premises or process which
was on-going or in effect prior to the adoption of this code.
Explosive[:
The term "explosive"] means a chemical compound or mechanical
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mixture, that is commonly used or intended for the purpose of producing an
explosion, that contains any oxidizing and combustible units, or other
ingredients, in such proportions, quantities or packing that an ignition by fire,
by friction, by concussion, by percussion or by detonator of any part of the
compound or mixture may cause such a sudden generation of highly heated
gases that the resultant gaseous pressures are capable of producing destructive
effects on contiguous objects or of destroying life and limb.
Fire apparatus[:
The phrase "fire apparatus"] means a vehicle such as a fire
pumper, aerial ladder truck, elevated platform, rescue squad or similar fire-
fighting or rescue equipment.
Fire Chief[:
The] means the Fire Chief appointed under Section 21-3 or[. Fire
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Chief includes] the Fire Chiefs designee.
Fire code inspector
means
~qualified
employee in the Department of Permitting
Services.
Fire department[:]
means the Montgomery County Fire and Rescue Service.
Fire department connection (siamese connection)
[:
The phrase "fire department
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connection (siamese connection)"] means a connection on a building for [the]
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fire department use in supplementing or supplying water for standpipes and
sprinkler systems.
Fire door[:
The phrase "fire door"] means a tested, listed, or approved door and
door enclosure constructed and installed for the purpose of preventing the spread
of fire through openings in walls, partitions, or other horizontal or vertical
construction. See Standard for Fire Doors and Windows, NFPA No. 80 for
classification and types of fire doors.
Fire hazard[:
The phrase "fire hazard"] means any thing or act which increases
or may cause an increase of the hazard or menace of fire to a greater degree than
that customarily recognized by persons in the public service regularly engaged
in preventing, suppressing or extinguishing fire; or which may obstruct, delay,
hinder or interfere with the operations of the fire department or the egress of
occupants in the event of fire.
Fire hydrant[:
The phrase "fire hydrant"] means a valved outlet on a water
supply system with one or more threaded outlets and used to supply fire
department hose and pumpers with water.
Fire lane[:
The phrase "fire lane"] means the road, path, or other passageway
developed to allow the passage of fire apparatus through congested areas.
Fire Marshal or County Fire Marshal[:]
means a qualified employee of the
[Montgomery County Fire and Rescue Service] Department of Permitting
Services designated by the [Fire Chief] Director as the County Fire Marshal.
Fire Marshal
includes the Fire Marshal's designee, unless the context clearly
indicates otherwise.
Fire official[:]
means any person servmg as a designated employee,
representative, or agent of the Montgomery County Fire and Rescue Service or
the Department of Permitting Services.
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Fire protection system
[:
The phrase "fire protection system"] means any fire
alarm device or system, fire detection device or system or fire extinguishing
device or system, or their combination, which is designed and installed for
detecting, controlling or extinguishing a fire or otherwise alerting occupants or
the fire department, or both that a fire has occurred.
Fire separation[:
The phrase "fire separation"] means construction of rated fire
resistance or the maintenance of clear area to resist the spread of fire.
Fireworks display[:
The phrase "fireworks display"] means the use of fireworks
in a manner to provide audio and visual entertainment to a group of people.
Flamespread rating[:
The phrase "flamespread rating"] means the comparative
performance of fire travel over the surface of a material when tested in
accordance with the provisions of nationally recognized test methods. Grouping
of ratings is listed in Life Safety Code, NFPA No. 101.
Flammable[:
The term "flammable"] means capable of burning or producing
flame at ordinary temperatures, or being easily ignited.
Flammable finishing[:
The phrase "flammable finishing"] means the spraying,
dipping, flow-coating or electro-static bonding of flammable substances on
other materials, devices or construction.
Flammable liquid[:
The phrase "flammable liquid"] means a liquid having a
flash point below one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade) and having a vapor pressure not exceeding forty (40) pounds per
square inch (absolute) at one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade) and [shall be] is known as a Class I liquid. Class I liquids [shall be]
are subdivided as follows:
Class IA
[shall include] includes those liquids having flash points below
seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a
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boiling point below one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade).
Class IB
[shall include] includes those liquids having flash points below
seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a
boiling point at or above one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade).
Class IC
[shall include] includes those liquids having flash points at or above
seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and below one
hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
Flammable solid[:
The phrase "flammable solid"] means a solid substance,
other than one (1) classified as an explosive, which is liable to cause fires
through friction, through absorption of moisture, through spontaneous chemical
changes or as a result of retained heat from manufacturing or processing.
Flash point[:
The phrase "flash point"] means the minimum temperature in
degrees Fahrenheit at which a flammable liquid will give off sufficient vapors
to form an ignitable mixture with air near the surface or in the container, but will
not sustain combustion. The flash point of a liquid [shall] must be determined
by appropriate test procedure and apparatus as specified below. The flash point
of flammable liquids having a flash point below one hundred seventy-five (175)
degrees Fahrenheit [shall] must be determined in accordance with nationally
recognized good practice using the Tag Closed Tester. The flash point of
flammable liquids having a flash point of one hundred seventy-five (175)
degrees Fahrenheit or higher [shall] must be determined in accordance with
nationally recognized good practice using the Pensky-Martens Closed Tester
(ASTMD 93).
Gallon[:
The term "gallon"] means one (1) U.S. standard gallon.
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Grade[:
The term "grade"] means the reference plane representing the average
elevation of finished ground level adjoining the building at all exterior walls.
Household fire warning system[:
The term "household fire warning system"
shall mean] means a system of devices that produce an audible alarm signal in
the household for the purpose of notifying the occupants of the presence of a
fire so they may evacuate the premises. The term "household fire warning
system" [shall] does not include alarm systems where the signal is extended to
another location such as a fire department or central station service.
Liquefied petroleum gas (LP gas)[:
The phrase "liquefied petroleum gas (LP
gas)"] means any material which is composed predominantly of the following
hydrocarbons, or mixtures of them: propane, propylene, butane (normal butane
or isobutane) and butylenes.
Loose house[:
The phrase "loose house"] means a separate detached building in
which unbaled combustible fibers are stored.
Means of egress[:
The phrase "means of egress"] means a continuous and
unobstructed path of travel from any point in a building or structure to a public
space and consists of three (3) separate and distinct parts: (a) the exitway access,
(b) the exitway, and (c) the exitway discharge; a means of egress comprises the
vertical and horizontal means of travel and [shall include] includes intervening
room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs,
enclosures, lobbies, escalators, horizontal exits, courts and yards.
Multi-family dwelling[:
The phrase "multi-family dwelling"] means any
building or portion thereof, which is designed, built, rented, leased, sold, let or
hired out to be occupied, or which is occupied as the home or residence of three
(3) or more families living independently of each other and doing their own
cooking in such building and [shall include] includes flats and apartments.
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Notice[:
The term "notice"] means the verbal or written statement which gives
an order, information or warning.
Ordinary conduct[:
The phrase "ordinary conduct"] means the customary
procedures which are normally followed.
Owner[:
The term "owner"] means any person who alone or jointly or severally
with others [shall have] has legal title to any building, structure or premises with
or without accompanying actual possession thereof and [shall include] includes
his or her duly authorized agent or attorney, a purchaser, devisee, fiduciary and
any person having a vested or contingent interest in the property in question.
Permit[:
The term "permit"] means an official document or certificate issued by
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the authority having jurisdiction for the purpose of authorizing performance of
a specified activity.
Person[:
The term "person" shall include] means a corporation, firm,
partnership, association, organization and any other group acting as a unit as
well as individuals.
[It
shall also include]
Person
includes an executor,
administrator, trustee, receiver or other representative appointed according to
law. Whenever the term ["person"]
person
is used in any section of this [code]
Chapter prescribing a penalty or fine, as to partnerships or associations, the term
[shall include] includes the partners or members thereof and, as to corporations,
[shall include] includes the officers, agents or members thereof who are
responsible for any violation of such section.
Places of assembly[:
The phrase "places of assembly"] means places of
assembly including, but not limited to, all buildings or portions of buildings used
for gathering together fifty (50) or more persons in noncommercial places of
assembly.
Places of assembly
[shall] include those facilities used for such
purposes as deliberation, worship, entertainment, amusement, or awaiting
transportation. Occupancy of any room or space for assembly purposes by less
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than one hundred (100) persons in a building or other occupancy and incidental
to such other occupancy [shall] must be classed as part of the other occupancy
and subject to the provisions applicable thereto.
Process[:
The term "process"] means the manufacturing, handling, blending,
conversion, purification, recovery, separation, synthesis or use, or any
combination, of any commodity or material regulated by this code.
Public stable[:
The phrase "public stable"] means any place which has available
377
3 78
3 79
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
for hire for riding or riding instruction purposes any horse or pony; or where
horses or ponies other than those belonging to the owner of the stable are kept,
boarded or trained.
[Repairs:
The term "repair"]
Repair
means the reconstruction or renewal of any
part of an existing building or structure for the purpose of its maintenance. The
term ["repair"]
repair
or ["repairs"]
repairs
[shall] does not apply to any change
in construction.
Representative[:]
means a person duly appointed in the name of the Fire Chief.i
Director, or Fire Marshal to administer or enforce this Chapter.
Safety can[:
The phrase "safety can"] means an approved container of not over
five (5) gallons capacity having a spring-closing lid and spout cover.
Small arms ammunition[:
The phrase "small arms ammunition"] means any
shotgun, rifle, pistol or revolver cartridges.
Smoking[:
The term "smoking"] means lighting, igniting, holding or possessing
any lighted cigar, cigarette or pipe; or, carrying, throwing or depositing any
lighted or smoldering cigar, cigarette or pipe.
Standpipe[:
The term "standpipe"] means a pipe and attendant hose valves and
hose (if provided) used for conveying water to various parts of a building for
fire-fighting purposes.
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Story[:
The term "story"] means that portion of a building included between the
surface of any floor and the surface of the floor next above it or, if there is no
floor above it, the space between such floor and the ceiling next above it. A
basement [shall be] is counted as a story, if it is used for business or dwelling
purposes. A mezzanine floor [shall be] is counted as a story, if it covers over
one-third of the area of the floor next below it or ifthe vertical distance between
the floor next below it and the floor next above it is twenty (20) feet or more.
Street[:
The term "street"] means a public thoroughfare (street, avenue or
boulevard) which has been dedicated for vehicular use by the public and can be
used for access by fire department vehicles.
Supervised automatic fire extinguishing system[:
The phrase "supervised
automatic fire extinguishing system"] means any automatic fire extinguishing
system which is constantly monitored so as to determine operating condition at
all times.
System[:
The term "system"] means several items of equipment assembled,
grouped or otherwise interconnected for the accomplishment of a purpose or
function.
Water capacity[:
The phrase "water capacity"] means the volumetric measure
of the amount of water a container can hold.
22-6. Administration.
(a)
Authority of Fire Chief and Director
Qf
Permitting Services generally.
The Fire Chief and the Director of the Department of Permitting Services
must administer this Chapter.
The Fire Chief and the Director of
Permitting Services must perform [any other] the respective duty or
duties assigned under this Chapter or any other applicable law. The Fire
Chief and the Director of Permitting Services may delegate any power or
duty under this Chapter to any other County [fire official] employee.
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435
I
***
(c)
Enforcement assistance.
Police and any other authorized agency must
provide necessary assistance to enforce this Chapter when the Fire Chief
or the Director of Permitting Services so requests.
(d)
Fire Code Compliance [Section].
[To assist the Fire Chief, the Chief may
organize and supervise a Fire Code Compliance Section in the Fire and
Rescue Service. Members of this Section] The Department of Permitting
Services may enforce all County laws and regulations on:
***
(5)
maintenance of fire protection and elimination of fire hazards on
land and in buildings, structures, and other property, including
those under construction; and
(6)
[(7)
(e)
adequacy of each fire exit from any building[; andl.
investigation of the cause of any fire.]
A fire safety requirement
436
437
438
439
440
441
442
443
444
445
446
447.
448
449
Authorization for requirement changes.
proposed for imposition during the course of building construction that
would change or substitute a material, feature, construction method, or
any other aspect of construction different from the original or amended
subdivision, site, or construction plans and specifications, as approved by
the [Fire and Rescue Service] Director must only be imposed [if the Fire
Chief] if the Director finds that the change or substitution is necessary to
avoid a specific and demonstrable threat to public safety. The [Chief]
Director must provide a copy of the finding to the affected person and to
the public on request.
(f)
[Administrative appeals.
When petitioned by an aggrieved person, the
Fire Chief must promptly review any ruling or interpretation of law or
regulations made by Fire and Rescue Service staff while enforcing this
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Chapter. A petition must be filed with the Fire Chief in writing within 10
days after the ruling or interpretation.
The Fire Chief may review,
modify, or affirm the initial ruling or interpretation with or without a
hearing, and must send a copy of the Fire Chiefs decision to the
aggrieved party.]
Fire and explosive investigation section.
The Fire
Chief may organize and supervise
~
Fire and Explosive Investigation
Section in the Fire and Rescue Service to investigate the cause and origin
of any fire. The Fire Chief may ask the State fire marshal to appoint one
or more qualified employees of the Fire and Rescue Service to serve
as~
special assistant State fire marshal.
***
22-7. Right of entry.
(a)
Generally.
(1)
The County Executive, Fire Chief, [and] Police Chief, and Director
of Permitting Services, or their authorized representatives, after
exhibiting the proper credentials or proof of identity on request,
may enter any building, structure, or premises (except any area
actually occupied as a dwelling unit) without consent of the
occupants during business or operating hours and at other times in
an emergency that immediately endangers life, property or public
safety, to perform duties under this Chapter or enforce this
Chapter.
(2)
For a multi-family dwelling, the Executive, Fire Chief, [and]
Police Chief, and Director of Permitting Services, or their
authorized. representatives, may only enter without consent any
space that is not part of an individual dwelling unit, such as a
storage room, laundry room, boiler room, utility room, hallway, or
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497
498
499
500
501
502
503
basement. However, the Executive, Fire Chief, and Police Chief
may enter any individual dwelling unit:
***
22-9. Investigation of fires.
(a)
Authority of [director] Fire Chief generally.
The [director] Fire Chief
[shall have] has the authority to investigate the cause, origin and
circumstances of every fire, explosion or other emergency in which the
fire department has a reasonable interest or is called for assistance,
including inspection of any document pertinent to the investigation.
When the [Director] Fire Chief has reason to believe that a fire or
explosion may be the result of a violation of any law, he or she [shall]
must immediately take custody of and safeguard all physical evidence in
connection therewith and [shall have] has the authority to prohibit the
disturbance or removal of any material, substance, device or utility in or
upon any building or property wherein or whereon a fire or explosion has
occurred until the investigation of the fire is complete and to take such
photographs and statements and make such drawings as he may deem
necessary.
(b)
Authority of[Director] Fire Chief to enter and examine.
The [Director]
Fire Chief [shall have] has the authority at all times, in performance of
the duties imposed by the provisions of this chapter, to enter upon and
examine any building or premises, vehicle or thing where any fires or
attempts to cause fires [shall] have occurred, or which at the time may be
burning, and also the power to enter upon at any time any building or
property adjacent to that in which the fire or attempt to cause fires has
occurred, should he or she deem it necessary in the proper discharge of
his or her duties; and he or she may, in the exercise of his or her discretion,
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511
take full control and custody of such buildings and premises, and place
such person in charge thereof as he or she may deem proper, until his or
her examination and investigation [shall be] is completed.
(c)
Testimony; arrests.
The [Director] Fire Chief, in making this inspection
or investigation, may, when in his or her judgment necessary, take the
testimony on oath of all persons supposed to be cognizant of any facts, or
to have the means or knowledge in relation to the matter herein required
to be examined and inquired into, and to cause the testimony to be
reduced to writing; and when, in his or her judgment, the examination
discloses that the fire or explosion or attempt to cause a fire or explosion
was of incendiary origin, the [Director] Fire Chief [shall] must notify the
appropriate authorities and [shall] must transmit a copy of the testimony
so taken to the state's attorney for the county or city wherein the fire or
explosion or attempt to cause a fire or explosion occurred.
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
(
e)
(d)
Witnesses; production of documents; oaths.
The [Director] Fire Chief
[shall have] has the power to summon witnesses and to compel their
attendance before him or her to testify in relation to any matter which is,
by the provision of this chapter, a subject of inquiry and investigation by
the [Director] Fire Chief, and [shall] also [have] has the power to cause
to be produced before him or her such papers as he or she may require
in
making such examination. The [Director] Fire Chief is [hereby]
authorized to administer oaths and affirmations to persons appearing as
witnesses before him
- - -
or her.
Interference with [Director] Fire Chiet failure to appear, produce
documents, etc.
Any person who interferes with the [Director] Fire Chief
in the performance of his or her duties under this section, or who fails to
appear when summoned, or fails to provide such documents and records
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555
556
557
(c)
as are summoned or who fails to testify when requested [shall be] is guilty
of a misdemeanor and, upon conviction thereof, [shall be] is subject to
the penalty section of the chapter.
***
22-10. Permits and certificates.
***
(b)
Application for permit.
Each application for a permit required by this
Chapter must be made to the [Fire and Rescue Service or] Department of
Permitting Services[, as applicable,] in the form prescribed.
Each
application must be accompanied by any plans, specifications, or details
required by [the Fire Chief or] the Director [of Permitting
applicable].
Inspection before issuance ofpermit.
Before a permit may be issued, the
[Fire Chief or the] Director [of Permitting Services, as applicable,] may
inspect and approve any receptacle, vehicle, building, device, premises,
storage space, or area to be used.
(d)
Display ofpermits.
A copy of the permit must be posted at each place of
operation or carried by the permit holder as specified by the [Fire Chief
or the] Director [of Permitting Services, as applicable].
Servi~es,
as
***
(g)
Revocation.
Any permit or certificate issued under this Chapter may be
suspended or revoked if the [Fire Chief or the] Director [of Permitting
Services, as applicable,] finds that:
***
(h)
Authority to require exposure or stop work.
(1)
If any installation requiring a permit or inspection is covered or
concealed without having first been inspected, the [Fire Chief]
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Director must require by written notice that the work be exposed
for inspection. The permittee must pay any cost of exposing and
recovering the work.
(2)
If
any construction or installation work is performed in violation
of the plans and specifications as approved by the [Fire Chief or
the] Director of Permitting Services, [as applicable,] the [Chief or]
Director must issue a written notice to the responsible party to stop
work on that portion of the work which is in violation. The notice
must state the nature of the violation, and any responsible party
must not continue work on that portion until the violation has been
corrected.
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
***
22-13. Regulations.
(a)
The Director may recommend, and the Executive may adopt, under
method
ill
of section 2A-15
of this Code, written regulations for the
administration of the provisions of this chapter including a schedule of
fees and hold public hearings as part of this regulation-making process.
Such regulations and amendments thereto [shall] must not conflict with
nor waive any provisions of this chapter nor be less restrictive than its
provisions [and shall become effective upon their adoption by the County
Executive under method (2) of section 2A-15 of this Code].
In
the case
of fees, the County Executive [shall] must promptly forward to the
County Council a copy of the new fee schedule for use in budgetary
planning activities. Such fees [shall] must be in accordance with formulas
based upon criteria to include area or estimated cost of construction, or
cost of inspection and processing or a minimal set fee per category, not
to exceed the cost of administering and enforcing this code.
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(b)
The Director [shall] must hold public hearings, upon adequate public
notice of not less than thirty (30) days, [[prior to]] before forwarding his
or her recommendations for regulations setting forth the standards and
requirements for controlling the hazards of fire and explosion from
improper storage, handling or use of substances, materials or devices and
for controlling the hazardous use of property.
***
22-14. National standards.
The [Fire Chief] Director must recommend that the Executive adopt by
regulation under Section 22-13 those parts of the National Fire Code as published by
the National Fire Protection Association, or a comparable code published by a similar
organization, that the [Fire Chief] Director finds will promote the purposes of this
Chapter.
Sec. 22-15. Special hazards.
In occupancies of an especially hazardous nature, or where special hazards exist
in addition to the normal hazard of the occupancy, or where access for fire apparatus
is unduly difficult, additional safeguards may be required by the [[director]] Director
consisting of additional fire appliance units, more than one type of appliance, or special
systems suitable for the protection of the hazard involved. Such devices or appliances
may consist of automatic fire alarm systems, automatic sprinkler or water spray
systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos,
blankets, breathing apparatus, manual or automatic covers, or carbon dioxide, foam or
other special fire extinguishing systems. Where such systems are installed, they
[[shall]] must be in accordance with the applicable standards of the National Fire
Protection Association.
22-15A. Compilation of requirements.
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(a)
The [[director shall]] Director must prepare informational material
designed to provide the public and prospective developers with a clear
understanding of the procedures to be followed in securing approval of
fire safety aspects of construction or rehabilitation projects.
This
612
613
614
615
616
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618
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620
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information [[shall]] must be transmitted to the department or office
responsible for the compilation and publication of the development
manual required in subsection (d)(2) of section 2-27A for integration into
such manual. Further, the [[director shall]] Director must assure that all
proposed regulatory and procedural changes regarding fire safety
requirements are made available to the responsible department or office
for inclusion in the agenda of regulatory change called for in subsection
(d)(4) of section 2-27A. Furthermore, all significant interpretations of
fire safety code provisions and all general waivers or precedent-setting
waivers to such code provisions [[shall]] must be similarly forwarded to
the responsible department or office in standardized format for
circulation to users of the development manual.
(b)
The Director is [hereby] authorized and directed to designate a staff
member(s) or a unit within the [department] Department of Permitting
Services to be responsible for providing information required herein to
the public and to maintain a continuing liaison with industry
representatives and other governmental agencies regulating or
monitoring housing construction and occupancy.
***
22-16. Order to eliminate dangerous or hazardous conditions generally.
(a)
Generally.
Whenever the Director_,_ or other authorized fire official_,_ [shall
find] finds any structure or upon any premises dangerous or hazardous
conditions or materials as follows, the Director [he shall] must order such
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664
dangerous conditions or materials to be removed or remedied in
accordance with the provisions of this code:
***
(b)
Notice to repair, alter, etc.; condemnation tags. Whenever the [[director]]
Director deems any chimney, smoke stack, stove, oven, incinerator,
furnace or other heating device, electric fixture or any appurtenance
thereto or anything regulated under provisions of this code in or upon any
building, structure or premise to be defective or unsafe so as to create an
immediate hazard, he or she [[shall]] must serve upon the owner or the
person having control of the property written notice to repair or alter as
necessary and [[shall]] must notify any other authority enforcing codes
regulating such equipment. He or she may affix a condemnation tag
prohibiting the use thereof until such repairs or alterations are made.
When affixed, such tag may be removed only by the order of the
[[director]] Director and may be removed only when the hazard to which
the order pertains has been eliminated in an approved manner. Until
removed, that item or device which has caused the hazard [[shall]] must
not be used or permitted to be used.
[(c)
Actions under section 1-7. Nothing in this section shall be construed to
prevent the division of fire prevention members from immediately
proceeding under section 1-7 of the County Code when a violation of this
chapter is observed.]
22-18. Compliance.
***
(b)
Orders or notices.
***
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666
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669
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682
683
684
685
686
687
688
689
690
691
(
c)
(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 [5] five days after the order or notice is issued:
***
(B)
the owner and occupant notify the [Fire Chief] Director of
this decision.
Unauthorized tag removal.
A person has committed a Class A violation
if that person:
***
(2)
removes the tag without written permission of the [Fire Chief]
Director.
***
22-23. Inspection.
(a)
The [Fire Chief] 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] fire marshal to appoint one
or more qualified employees of the [Montgomery County Fire and
Rescue Service] Department of Permitting Services to serve as an
[special] assistant State fire marshal.
***
22-31. Fire hydrant maintenance.
All private fire hydrants [shall] must be tested, maintained and serviced
annually. A report of this maintenance [shall] must be submitted to the [division of
fire prevention] Director.
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693
694
695
696
697
698
699
***
22-33. Fire lanes.
(a)
If
the [Director] fire official [shall find]
finds~
private entrance or exit
[sidewalks] sidewalk or vehicular [driveways] driveway or interior
private [driveways] driveway or [sidewalks] sidewalk obstructed by
snow, debris, construction material, vehicles or other matter liable to
interfere with the ingress or the operation of fire departments or other
emergency vehicles in case of fire, the fire official [he shall] must order
the obstructions removed.
700
701
702
***
(g)
Any police officer or [member of the division of fire prevention and any
other fire department officer] fire official or [county] County employee
specifically designated by the [County] Executive finding a vehicle or
trailer parked in violation of this chapter [shall] must attach to such
vehicle or trailer [parked in violation of this chapter] a notice to the owner
and operator [thereof] that such vehicle or trailer has been parked in
violation of this chapter and instructing the owner and operator, or either
of them, to report to the nearest commissioner of district court for
Montgomery County within fifteen (15) days of the time when such
notice was so attached to such vehicle or to pay to the Department of
Finance as a penalty and in full satisfaction of such violation the sum of
ten dollars ($10.00) or as [shall] otherwise [be fixed from time to time]
set by the [[County]] Executive with the approval of the County Council.
703
704
705
706
707
708
709
710
711
712
713
714
715
716
***
22-37. Regulating fire extinguisher service.
717
718
The [Fire Chief] Director must:
***
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721
722
22-39. Rules and regulations for servicing portable fire extinguishers.
***
(b)
Whenever the words "name of governmental authority having
jurisdiction" appear in the adoptive rules and regulations they [shall]
mean the Director [of the Department of Fire and Rescue Services].
723
724
***
22-41. Places of assembly.
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
(a)
Occupancy certificate generally.
In
every place of public or private
assembly, there [shall] must be a certificate permanently posted in a
conspicuous place in the room near the entrance. Such certificate [shall]
must be furnished and signed by the Director [or his authorized
representative], and [such certificate shall] must read as follows:
Not more than _ _ _ _ _ persons permitted in _ _ _ _ _ __
Department of
[Fire and Rescue] Permitting Services
Montgomery County, Maryland
***
22-44. Flammable liquids generally.
***
(d)
Testing underground installations.
Before being covered or placed in
use, tanks and piping connected to underground tanks [shall] must be
tested for tightness in the presence of the fire official. No portion of the
system [shall] may be covered, filled with product or used until it has
been approved by the Department of Permitting Services. Test
procedures [[shall]] must be specified by the [[director]].
***
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764
765
766
767
768
769
770
771
772
22-45. Aboveground tank storage of flammable liquids.
***
(d)
Temporary use ofportable tanks.
The provisions of subsection (a) of this
section [shall] 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 [shall] must only be made
under permit from the Department of Permitting Services. The permit
[shall] must include a definite time limit, not to exceed six (6) months.
***
22-46. Abandonment of tanks of flammable or combustible liquids.
(a)
Permit required.
A permit [shall] 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.
***
22-50. Application of flammable finishes.
(a)
Permit required.
A permit [shall] must be obtained from the Department
of Permitting Services for spraying or dipping operations utilizing more
than one (1) gallon of flammable or combustible liquids on any working
day for the following activities:
***
22-75. Procedures in case of fire.
***
(b)
Evacuation.
Whenever a fire occurs in a building or there is reason to
believe a fire exists in a building, the building [shall] must be immediately
evacuated and not reoccupied without the permission of the fire official
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794
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796
797
798
799
(d)
(f)
in charge.
If
the building is provided with a manual fire alarm system, it
[shall be] 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
[Director] fire official.
***
22-79. Dangerous buildings.
***
Posting andform ofnotice to vacate.
Every notice to vacate [shall] 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
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Department of
[Fire and Rescue] Permitting Services
Montgomery County, Maryland
***
22-88. Open fires generally.
***
The [[director]] Director [or the fire official] may prohibit such burning
at any time [[he]] the Director determines that the kindling of an open fire
creates a fire hazard.
***
22-96. Smoke detectors.
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EXPEDITED BILL
No. 29-16
800
801
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(
d)
***
Equipment:
All devices, combinations of devices and equipment required
herein are to be installed in conformance with the building code and this
section, and approved by the Montgomery County Department of [fire
and rescue] Permitting Services and listed by said Department for the
purpose for which they are intended; said list may be subsequently
amended by the Department of [fire and rescue] Permitting Services as
necessary. Such approval [shall be] is permanent unless the [[director]]
Director subsequently finds that the equipment is hazardous, unreliable
or otherwise detrimental to public health or safety, in which case, the
[[director]] Director may suspend or revoke approval. The Director may
in any such case determine whether replacement of existing installation
[shall be] is required. Transfer to the inactive list [shall] does not affect
equipment approval.
***
Sec. 2. Transition.
(a)
Regulations.
Any regulation in effect when this Act takes effect that
implements a function transferred to the Department of Permitting
Services or the Director of the Department of Permitting Services under
Section 1 of this Act continues in effect, but any reference in any
regulation to the Montgomery County Fire and Rescue Services or the
Fire Chief from which the function was transferred must be treated as
referring to the Department of Permitting Services and the Director of the
Department of Permitting Services to which the function is transferred.
The transfer of a function under this Act does not affect any right of a
party to any legal proceeding begun before this Act took effect.
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EXPEDITED BILL
No. 29-16
I
827
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(b)
Responsibilities and rights.
Any responsibility or right granted by law,
ordinance, regulation, delegation of authority, contract, or other
document to the Montgomery County Fire and Rescue Services or the
Fire Chief in connection with a function, duty or authority transferred
under Section 1 of this Act is transferred to the Department of Permitting
Services and the Director of the Department of Permitting Services.
Sec. 3. Expedited Effective Date
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it becomes
law. The amendments made in Section 1 apply retroactively to July 1, 2016.
Approved:
::~-11
~
~ide1It,COU11tYC
842
843
Isiah Leggett, County Executive
Date
Approved:
844
845
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
846
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