Agenda Item 14
August 2, 2016
Public Hearing
MEMORANDUM
July 29,2016
TO:
FROM:
SUBJECT:
County Council
Josh Hamlin, Legislative
Attome~
{Xl
\
~
Public Hearing:
Expedited Bill 29-16, Fire Safety Code - Administration ­
Reorganization
Expedited Bill 29-16, Fire Safety Code - Administration - Reorganization, sponsored by Lead
Sponsor Council President at the request ofthe County Executive, was introduced on July 12, 2016.
A Planning Housing and Economic Development Committee worksession will be scheduled at a
later date.
Bill 29-16 would:
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;
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;
identify the duties and responsibilities ofthe fire code inspectors;
provide that the Montgomery County Fire and Rescue Service retains authority for
fire and explosive investigations;
identify who may become assistant State fire marshal, special assistant State fire
marshal, and deputy State fire marshal pursuant to State law; and
generally amend the law related to the administration and enforcement of the Fire
Safety Code
This packet contains:
Expedited Bill 29-16
Legislative Request Report
County Executive Memo
Fiscal and Economic Impact statement
Circle #
1
32
34
35
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Expedited Bill No. _-=2=9-....:.1-=6_ _ __
Concerning: Fire
Safety
Code
Administration - Reorganization
Revised: June 29. 2016 Draft No. _2_
Introduced:
July 12. 2016
Expires:
January 12. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~N~on~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; and
(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 22-1, 22-2,22-3, 22-4A, 22-5, 22-6, 22-7,22-9,22-10,22-13,22-14, 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.
Deletedfrom 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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EXPEDITED BILL
No. 29-16
1
Sec.
1.
Sections 2-42B, 22-1,22-2,22-3, 22-4A, 22-5, 22-6, 22-7, 22-9, 22-10,
22-13,22-14, 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-~6
are amended as follows:
2-42B. Functions; Advisory Committee.
(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.
(2)
code enforcement, inspection, and licenses (except where those
functions are assigned by law to another department or agency),
including:
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10
11
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15
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17
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***
(C) Issumg building, electrical.1 fire alarm, 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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.em
administering and enforcing the fire safety code, pursuant to
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§
22-6(d).
***
22-2. Purpose; intent.
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***
(b)
Where no specific standard or requirement is specified in this Chapter, or
any other applicable law or regulation, compliance with applicable
- 2­
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ExPEDITED BILL
No. 29-16
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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 ofPermitting 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 if the [Fire Chief] Director fmds 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 Public Safety Article [article 38A] of the
Annotated Code of Maryland, or the authority granted by other laws or
codes.
(e)
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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ExPEDITED BILL
No. 29-16
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[Fire Chief] Director and the head ofthe 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.
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***
22-4A. Certification procedure.
(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:
***
(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:
***
(c)
The [Fire Chief] Director may waive any final inspection under this
Chapter which relates to the issuance ofa certificate ofuse 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 the:
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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), if the waiver is warranted in light of subsections (b) and (c) and:
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EXPEDITED BILL
No. 29-16
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(f)
** *
The [Fire Chief and the] Director [of Pennitting 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 [ofPennitting Services] has complete discretion to approve
or reject a waiver. The decision of the [Fire Chief or the] Director [of
Pennitting Services] is fmal, and no appeal may be taken. If [either the
Fire Chief or] the Director [of Pennitting 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 Pennitting 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:
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pennitted under State and locallawl; and
delegated by the Fire Chief].
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Agent[:
The tenn "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.
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Air supported structure
[:
The phrase "air supported structure"] means a
structural and mechanical system which is constructed ofhigh 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 acceptableJo the [Fire Chief] Director. In determining the
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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.
Approvedplastic container[:
The phrase "approved plastic container"] means
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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
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limited to, all buildings or portions ofbuildings 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] be
classed as part of the other occupancy and subject to the provisions applicable
thereto.
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EXPEDITED BILL
No. 29-16
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Authority havingjurisdiction[:
The Fire Chief] means the Director or Fire Chief
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with appropriate responsibility.
Automatic fire extinguishing system[:
The phrase "automatic fire extinguishing
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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
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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
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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
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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
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underground, having halfor more than half of its clear height below the average
grade of the adjoining ground.
Central fire communications center[:]
means the public fire servIce
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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 alann and supervisory
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signaling devices are connected, where personnel are in attendance at all times
to supervise the circuits and investigate signals.
(!)
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EXPEDITED BILL
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Central station system[:
A] means
~
system, or group of systems, in which the
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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 warrung system whose
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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
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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 (l30) 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
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fibrous or shredded form which will readily ignite when heat sources are
present.
Combustible liquid[:
The phrase "combustible liquid"] means a liquid having a
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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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ExPEDITED
BILL No. 29-16
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Class II liquids
[shall] include those having flash points at or above one hundred
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(100) degrees Fahrenheit (37.8 degrees Centigrade) and below one hundred
forty (140) degrees Fahrenheit (60 degrees Centigrade).
Class IlIA 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
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hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Combustible refuse[:
The phrase "combustible refuse"] means all combustible
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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
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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 fmes, and any mixture of the
above items or any other salvageable combustible or flammable waste material.
Director
means the Director ofPermitting Services.
Distribute[:
The term "distribute" as used in this chapter shall include] includes
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rental, leasing and giving away as a prize or a premium.
D.O.
T.
container[:
The phrase "D.G.T. container"] means any container
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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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EXPEDITED BILL
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Dwelling[:
The tenn "dwelling"] means a single unit providing complete and
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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,
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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
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pumper,
a~rial
ladder truck, elevated platfonn, rescue squad or similar fire­
fighting or rescue equipment.
Fire Chief[:
The] means Fire Chief appointed under Section 21-3 or [. Fire
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Chief includes] the Fire Chiefs designee.
Fire code inspector
means a qualified employee in the Department ofPennitting
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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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EXPEDITED BILL
No. 29-16
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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
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door enclosure constructed and installed for the purpose ofpreventing 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
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or may cause an increase ofthe 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
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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
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developed to allow the passage of fire apparatus through congested areas.
Fire Marshal or County Fire Marshal[:]
means a qualified employee of the
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[Montgomery County Fire and Rescue Service] Department of Permitting
Services designated by the [Fire Chiet] Director as the County Fire Marshal.
Fire Marshal
includes the Fire Marshal's designee, unless the context clearly
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indicates otherwise.
Fire official[:]
means any person servmg as a designated employee,
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representative, or agent ofthe Montgomery County Fire and Rescue Service or
the Department ofPermitting Services.
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Fire protection system[:
The phrase "fire protection system"] means any fire
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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
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resistance or the maintenance of clear area to resist the spread of fire.
Fireworks display
[:
The phrase "fireworks display"] means the use of fireworks
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in a manner to provide audio and visual entertainment to a group of people.
Flamespread rating[:
The phrase "flamespread rating"] means the comparative
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performance of fire travel over the surface of a material when tested in
accordance with the provisions ofnationally 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,
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dipping, flow-coating or electro-static bonding of flammable substances on
other materials, devices or construction.
Flammable /iquid[:
The phrase "flammable liquid"] means a liquid having a
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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 fA
[shall include] includes those liquids having flash points below
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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).
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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).
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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
(ASTM D 93).
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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 fmished ground level adjoining the building at all exterior walls.
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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.
326
327
328
329
Loose house[:
The phrase "loose house"] means a separate detached building in
which unbaled combustible fibers are stored.
330
331
332
333
334
335
336
337
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 ofthree (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 oftravel and [shall include] includes intervening
room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs,
enclosures, lobbies, escalators, horizontal exits, courts and yards.
338
339
340
341
342
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 ofthree
(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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EXPEDITED BILL
No.
29-16
343
Notice[:
The term "notice"] means the verbal or written statement which gives
344
345
an order, information or warning.
Ordinary conduct[:
The phrase "ordinary conduct"] means the customary
346
347
procedures which are normally followed.
Owner[:
The term "owner"] means any person who alone or jointly or severally
348
349
350
351
352
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
353
354
355
the authority having jurisdiction for the purpose of authorizing performance of
a specified activity.
Person[:
The term "person" shall include] means a corporation, firm,
356
357
358
359
360
361
362
363
364
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 [me, 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
365
366
367
368
369
assembly including, but not limited to, all buildings or portions ofbuildings 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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EXPEDITED BILL
No. 29-16
370
371
372
373
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,
374
375
376
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
378
379
380
for hire for riding or riding instruction purposes any horse or pony; or where
horses or ponies other than those belonging to the owner ofthe stable are kept,
boarded or trained.
[Repairs:
The term "repair"]
Repair
means the reconstruction or renewal of any
381
382
383
384
part ofan 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.1
385
386
Director, or Fire Marshal to administer or enforce this Chapter.
Safety can[:
The phrase "safety can"] means an approved container of not over
387
388
five (5) gallons capacity having a spring-closing lid and spout cover.
Small arms ammunition[:
The phrase "small arms ammunition"] means any
389
390
shotgun, rifle, pistol or revolver cartridges.
Smoking[:
The term "smoking"] means lighting, igniting, holding or possessing
391
392
393
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
394
395
hose (if provided) used for conveying water to various parts of a building for
fire-fighting purposes.
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EXPEDITED BILL
No.
29-16
396
397
398
399
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 ofthe area ofthe 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.
400
401
402
403
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.
404
405
406
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.
407
408
409
410
411
412
413
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.
414
415
416
417
418
419
420
421
422
22-6. Administration.
(a)
Authority ofFire Chief and Director
Qf
Permitting Services generally.
The Fire Chiefand the Director ofthe Department ofPermitting 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 ofPermitting Services may delegate any power or
duty under this Chapter to any other County [fire official] employee.
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ExPEDITED BILL
No. 29-16
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
***
(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[; andt
investigation of the cause of any fire.]
A fire safety requirement
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 [by 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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ExPEDITED BILL
No. 29-16
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
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 ofthe 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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EXPEDITED BILL
No. 29-16
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
(b)
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.
Authority of [Director] Fire Chiefto 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 deem it necessary in the proper discharge of his or
her duties; and he may, in the exercise of his or her discretion, take full
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EXPEDITED BILL
No.
29-16
504
505
506
507
508
509
510
511
control and custody of such buildings and premises, and place such
person in charge thereof as he 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
(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 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
-
her.
or
-
(e)
Interference with [Director] Fire Chief; 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
(3i)
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EXPEDITED BILL
No.
29-16
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
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 ofthe 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 Services, as
applicable] .
(c)
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 ofthe 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].
***
(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,] fmds 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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ExPEDITED BILL
No. 29-16
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
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 ofPermitting Services, [as applicable,] the [Chief or]
Director must issue a written notice to the responsible party to stop
work on that portion ofthe 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.
***
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 ofadministering and enforcing this code.
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ExPEDITED BILL
No. 29-16
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
(b)
The Director [shall] must hold public hearings, upon adequate public
notice of not less than thirty (30) days, prior to 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 ofsubstances, materials or
devic~s
and
for controlling the hazardous use ofproperty.
***
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.
***
22-15A. Compilation of requirements.
(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
604
605
606
607
608
609
610
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.1 or other authorized fire official.1 [shall
fmd] finds any structure or upon any premises dangerous or hazardous
conditions or materials as follows, the Director [shall] must order such
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EXPEDITED BILL
No. 29-16
611
dangerous conditions or materials to be removed or remedied in
accordance with the provisions ofthis code:
612
613
***
[(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 ofthe County Code when a violation ofthis
chapter is observed.]
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
22-18. Compliance.
***
(b)
Orders or notices.
***
(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.
(c)
Unauthorized tag removal.
A person has committed a Class A violation
if
that person:
630
631
632
633
634
635
636
637
***
(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
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EXPEDITED BILL
No. 29-16
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
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.
** *
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 [shall] must order the
obstructions removed.
***
(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 fmding a vehicle or
trailer parked
in
violation of this chapter [shall] must attach to such
vehicle or trailer [parked in violation ofthis chapter] a notice to the owner
and operator [thereof] that such vehicle or trailer has been parked in
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EXPEDITED BILL
No. 29-16
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
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.
***
22-37. Regulating fire extinguisher service.
The [Fire Chief] Director must:
***
22-39. Dangerous buildings.
***
(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 ofFire and Rescue Services].
***
22-41. Places of assembly.
(
a)
Occupancy certificate generally.
In
every place of public or private
684
685
686
687
688
689
690
691
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
c.:;'
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EXPEDITED BILL
No. 29-16
692
693
694
695
696
697
698
699
700
701
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 ofPermitting Services.
*
**
22-45. Aboveground tank storage
of flammable
liquids.
702
703
* **
(d)
Temporary use ofportable tanks.
The provisions of subsection (a) ofthis
704
705
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.
706
707
708
709
710
711
712
713
714
* **
22-46. Abandonment
of tanks of flammable
or combustible liquids.
(a)
Permit required.
A permit [shall] must be obtained from the Department
715
716
717
of Permitting Services to remove, abandon, place temporarily out of
service or otherwise dispose ofany flammable or combustible liquid tank.
* **
22-50. Application of flammable finishes.
718
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EXPEDITED BILL
No. 29-16
719
(a)
Permit required.
A permit [shall] must be obtained from the Department
720
721
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:
722
723
724
725
***
22-75. Procedures in case of fire.
***
(b)
726
727
728
729
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
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.
730
731
732
733
734
735
736
***
22-79. Dangerous buildings.
***
(f)
Posting andform ofnotice to vacate.
Every notice to vacate [shall] must,
737
738
739
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:
740
741
742
743
744
745
DO NOT ENTER
UNSAFE TO OCCupy
It
is a misdemeanor to occupy this building
or to remove or deface this notice.
Department of.
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~
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ExPEDITED BILL
No. 29-16
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
[Fire and Rescue] Permitting Services
Montgomery County, Maryland
***
22-88. Open fires generally.
***
(d)
The director [or the fIre offIcial] may prohibit such burning at any time
the Director determines that the kindling of an open fIre creates a fIre
hazard.
***
22-96. Smoke detectors.
***
(d)
Equipment:
All devices, combinations ofdevices 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
subsequently finds that the equipment is hazardous, unreliable or
otherwise detrimental to public health or safety, in which case, the
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.
Corrected.Docx
C7
Q
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ExPEDITED BILL
No.
29-16
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
(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 ofPermitting Services and the Director ofthe
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.
(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 ofPermitting
Services and the Director of the Department of Permitting Services.
Sec.3. Expedited Effective Date
791
792
793
794
795
The Council declares that this legislation is necessary for the immediate
protection ofthe 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:
796
797
Nancy Floreen, President, County Council
Date
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®
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LEGISLATIVE
REQ~EST
REPORT
Expedited Bill 29-16
Fire Safety Code
-
Administration
-
Reorganization
DESCRIPTION:
The Bill will transfer the Fire Code Compliance Section from the
Montgomery County Fire and Rescue Service (MCFRS) to the
Department of Permitting Services (DPS) and provide that certain
duties and responsibilities are performed by DPS.
In 2012 the responsibility for inspections of all newly constructed fire
protection systems was transferred from MCFRS to DPS which
already had responsibility for review and approval of plans for fire
protection systems for new construction. This move further enhanced
the concept of DPS' s "one stop shop" services, gained operational
efficiencies, resulted in improved levels of service and reduced costs
for customers. After the March 2012 transfer, MCFRS retained
responsibility for enforcement of the NFPA fire code in existing
buildings and for certain permits and inspections. However, there was
a recognition that code compliance permits and inspections of existing
buildings should be revisited at a future time to achieve greater
efficiencies. The Bill would complete the transfer to a "one stop shop"
by moving the remaining permit issuance and inspection functions
from MCFRS to DPS. The move will expand important safety
inspections, streamline services and costs for both customers and the
County, eliminate overlap and achieve greater consistency in code
interpretation and application among the similar positions performing
these services.
Realize efficiencies of costs and staffing by combining similar
positions (plans reviewers and inspectors) that are administering the
same NFP A code and providing opportunities for combined existing
building inspections with construction related tenant fit-out
inspections; Realize consistency of code interpretations by combining
into a division and to optimize consistent interpretations with related
construction codes; Realize cost efficiencies through use of existing
permit and inspections infrastructure including for the processing and
tracking of applications, scheduling of inspections, collection of and
accounting for revenue.
Department of Permitting Services, Montgomery County Fire and
Rescue Services and Office of Management and Budget
The fiscal impact would be approximately $162,216 annually for a
Division Chief, approximately $150,000 for new office space, and
opportunity for increased revenue recovery through billing system, and
reduced and avoided expenditures through efficiencies of operations
and applied resources.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
@
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ECONOMIC
IMPACT:
Beneficial economic impacts are expected as functions are identified
that can be consolidated and or streamlined.
It
is difficult to assess the
impacts at this time, but permit fee savings may be realized and
processing time is expected to shorten.
Not applicable.
Not applicable.
Department of Permitting Services and Montgomery County Fire and
Rescue Services
Not applicable.
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES: .
Not applicable.
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
June 15,2016
TO:
FROM:
SUBJECT:
Fire Code Compliance Transfer
In accordance with the Operating Budget transmittal and subsequent discussion
and action by the County Council, attached please find proposed legislation to amend Chapter 22
of the Montgomery County Code and transfer the functions of the Fire Prevention and Code
Compliance Division from the Montgomery County Fire and Rescue Services (MCFRS) to the
Department of Permitting Services (DPS). Under this legislation, the MCFRS will retain the
right to enter any site in an emergency to preserve life and property and will continue to oversee
all fire and explosive investigations.
The legislation transfers the Fire Code Compliance functions from MCFRS to
DPS to supervise and enforce all County fire prevention and safety laws in -connection with
buildings and property. The legislation further enhances the County's "one stop shop" services,
will enable operational efficiencies to be realized, and will result in improved levels of service,
reduction of costs for customers and streamline services.
I appreciate your introducing the attached Bill as emergency legislation in
furtherance of the transfer in the FY17 Operating Budget. A FiscallEconomic Impact Statements
and Legislative Request Report are attached as well.
If
you have any questions or need assistance, please contact Diane Schwartz
Jones, Director of DPS or Fire Chief Scott Goldstein.
Attachment (legislation packet)
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.....
Fiscal Impact Statement
Council Bill XX-16 Fire Code Enforcement
1. Legislative Summary:
Bill XX-I 6 will transfer the Fire Code Compliance Section from the Montgomery County
Fire and Rescue Service to the Department ofPermitting Services and provide that
certain duties and responsibilities performed by the Department of Permitting Services
and generally amend Chapter 22.
2.
An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget.
There will be no significant change in Colintyrevenues as a result of this Bill as fees will
continue to be set and revenues generated through the duties and services of the Fire
Code Compliance Section. Expenditures
in
general do not change materially as the
Section is being moved in total from the Department of Fire and Rescue Services to the
Department ofPermitting Services. Apart from the estimated operating cost of$162,216·
for a new Division Chief: over time expenditures are expected to decrease, or in the
alternative, avoid increase, as efficiencies due
to
coordination of services among staff are
realized. There is also an expenditure of approximately $150,000 one-time to create
space for the transferred section.
3. Revenue and expenditure,estimates covering at least the next 6 fiscal years. These are
inflated by CPI adjustments according to the schedule below. .
Estimate Revenues:
FY17 $1,435,000
FY18 $1,463,700
FY19 $1,497.365
FY20 $1,536,296
FY21 $1,576,240
FY22 $1,617,222
Estimated Expenditures:
Division Chief - The first year of the position is budgeted at 75% of the salary, 9 months
out of the year, the following year the additional annualized amount of25% is added to
the budget for the following totals.
FY17 $121,662
FY18 $162,216
FY19 $162,216 .
FY20
$162~21(;
,
FY21 $162,216
FY22 $162,216
j
"',
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4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
There is no impact to retiree pension or group insurance costs as a result of this Bill.
5.
An
estimate of expenditures related to County's infonnation technology (IT) systems,
including Enterprise Resource Planning (ERP) systems.
No additional systems or resource planning will be required to implement the Bill.
6. Later actions that may affectfuture revenue and expenditures if the bill authorizes future
spending.
Bill No.
does not authorize future spending.
7.
An
estimate of the staff time needed to implement the bill.
The Bill does not result in the addition of any new staff responsibilities simply a transfer
of them between departments.
8.
An
explanation of how the addition of new staff responsibilities would affect other duties.
See number 7.
9.
An
estimate of costs when an additional appropriation is needed.
Bill
will not require an additional appropriation.
10. A description of any variable that could affect revenue and cost estimates.
There are no additional revenue or costs estimates as a result ofthis Bill.
11. Ranges of revenue or expenditures that are uncertain or difficult to project.
See number 10.
12. If a Bill is likely to have no fiscal impact, why that is the case.
The Bill is likely to have a limited fiscal impact as described in question 2.
13. Other fiscal impacts or comments.
Not applicable.
14. The following contributed to and concurred with this analysis:
Diane Schwartz Jones, DPS
Hadi Mansouri, DPS
Barb Suter, DPS
David Steckel, MCFRS
Dennis Hetman, OMB
Date
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..
I
Economic Impact Statement
Bill ##-16, Fire Code Enforcement - Reorganization
Background:
This legislation would:
• transfer the Fire Code Compliance Section (FCC) to the Department ofPennitting
Services (DPS) and provide that certain duties perfonned by FCC must be
p~rfotmed
by
. DPS,
• transfer to DPS responsibility to implement certain fire prevention and fire code
compliance obligations imposed under Chapter 22, Fire Safety Code,
• identify the duties and responsibilities ofthe fire code inspectors,
• provide that the Montgomery County Fire and Rescue Service retains authority for
fire
and explosive investigations, and
• identify who may become Assistant State Fire Marshal, Special Assistant State Fire
Marshal, and Deputy State Fire Marshal pursuant to State law.
The economic impact statement will estimate the impacts on the County's economy based on the
goal of Bill ##-16 presented in the first bullet.
1. The sources of information, assumptions, and methodologies used.
Sources of information include:
.....
~
....
PP~L
......... "."'....'...... __..................._.. __.... "." ...'.'.'.' .....,.... _............ _._..... '.._
........_......_......
• the qffice ofManagement and Budget (OMB), and
• Aswath Damodaran, "The Value of Synergy", Working Paper, Stem School of
Business, New York University, October 2005.
The Legislative Request Report presents the goals and objectives of Bill ##-16 as follows:
"realize efficiencies ofcosts and staffing by combining similar positions (plans reviewers and
inspectors) that are administering the same National Fire Protection Association
(NFP
A)
Code and provide opportunities for combined existing building inspections with construction
related tenant fit-out inspections."
Finance assumes that the goal of realizing efficiencies of costs and staffing is the goal of
achieving operational synergy. Synergy in private industry refers to an "increase in value
that is generated by combining two entities to create a new and more valuable entity
(Damodaran)." One aspect of synergy is. achieving economies of scale that would arise from
the combination oftwo separate operations
in
one thereby becoming more cost-efficient
Applying this concept of operational
~ynergy
to the goals and objectives of Bill ##-16 and
stated in the fiscal impact statement, "apart from the estimated operating cost of $162,216 for
a new Division Chief, over time expenditures are expected to decrease, or avoid an increase,
as efficiencies due to coordination of services among staff are realized." Bill ##-16 is
expected to achieve economies of seale. Because ofsuch economies of scale, operating costs
by the County government are reduced and such savings may support lower pennitting fees
Page 1 of2
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Economic Impact Statement
Bill ##-16, Fire Code Enforcement - Reorganization
and reduce processing time to review permits. Finance assumes that both lower permitting
fees and pennitting time would yield lower costs ofprivate construction.
2. A description of any variable that could affect the economic impact estimates.
The variables that could affect the economic impact estimates are the reduction
in
the amount
of permitting fees from current fees and the reduction in the amount of time to review and
process the pennits.
3. The Bill's positive or negative effect,
if
any on employment, spending, savings,
investment, incomes, and property values in the County.
Bill ##-16 would have a positive economic effect on private construction attributed to the
economies of scale presented in paragraphs 1 and 2. However, without detailed data, it is
difficult to determine the amount of cost savings from reduced permitting fees and expedited
review process to the private construction industry.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Bill ##-16 would likely have a positive economic impact. Please see paragraph 3.
5. The following contributed to or concurred with this analysis:
David Platt, Mary Casciotti,
and Robert Hagedoom, Finance; Hadi Mansouri DPS; and Dennis Hetman, OMB..
1'~
Jo
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