[HISTORY: Adopted by the County Council of Wicomico County 9-4-1973
by Ord. No. 42. Amendments noted where applicable.]
GENERAL REFERENCES
Fire protection — See Ch. 41.
Building construction — See Ch. 117.
Fires — See Ch. 146.
STATUTORY REFERENCES
Authority - See Anno. Code of Md. (1957), Art. 25, § 11.
The Wicomico County Fire Prevention Code, as attached hereto, is hereby
adopted. It shall read as follows.
[1]
Editor's Note: Former § 144-2, Fire Marshal, was repealed
10-17-2006 by Bill No. 2006-11.
[Amended 10-17-2006 by Bill No. 2006-11]
The County Executive may appoint, as inspectors, such other persons
as may be necessary for the enforcement of this chapter, who shall be thoroughly
experienced in fire prevention and life safety regulations in connection with
hazardous materials and processes.
A.
It shall be the duty of the officers of the Fire Marshal
to enforce all laws and ordinances covering the following:
(1)
The prevention of fires.
(2)
The storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic and other
private fire alarm systems, and fire extinguishing equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exit, in case of fire, from
factories, schools, hotels, lodging houses, asylums, hospitals, churches,
halls, theaters, amphitheaters and all other places in which numbers of persons
work, live or congregate from time to time for any purpose.
(6)
The investigation of the cause, origin and circumstances
of fires.
B.
They shall have such other powers and perform such other
duties as are set forth in other sections of this chapter and as may be conferred
and imposed from time to time by law.
A.
The Fire Marshal may at all reasonable hours enter any
building or premises, except those actually occupied for private dwelling
purposes, within his jurisdiction for the purpose of making an inspection
which, under the provisions of this chapter, he may deem necessary to be made.
B.
The Fire Marshal may at any time investigate as to the
origin or circumstances of any fire or explosion or attempt to cause fire
or explosion occurring in Wicomico County. The Fire Marshal shall have authority
at all times of the day or night, in performance of the duties imposed by
the provisions of this chapter, to enter upon and examine any building or
premises where any fires or attempt 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 adjacent to that in which fire or attempt to cause fires
occurred, should he deem it necessary in the proper discharge of his duties;
and he may, in the exercise of his discretion, take full control and custody
of said buildings and premises and place such person in charge thereof as
he may deem proper, until his examination and investigation shall be completed.
C.
The Fire Marshal may, in making said inspection or investigation,
when in his judgment said proceedings are necessary, take the testimony on
oath of all persons supposed to be cognizant of any facts or to have the means
of knowledge in relation to the matter herein required to be examined and
inquired into and cause said testimony to be reduced to writing; and when,
in his judgment, such examination discloses that the fire or explosion was
of incendiary origin, the Fire Marshal may arrest the supposed incendiary
or cause him to be arrested and charged with the crime and shall transmit
a copy of the testimony so taken to the State's Attorney for Wicomico
County.
D.
The Fire Marshal shall have the power to subpoena witnesses
and to compel their attendance before him to testify in relation to any matter
which is, by the provision of this chapter, a subject of inquiry and investigation
by the Fire Marshal and shall also have power to cause to be produced before
him such papers as he may require in making such examination. The Fire Marshal
is hereby authorized to administer oaths and affirmations to persons appearing
as witnesses before him; and false swearing in any matter or proceeding aforesaid
shall be deemed perjury and shall be punishable as such.
E.
The Fire Marshal may deputize a member of any fire department,
duly organized and operating in Wicomico County, who is approved by the Chief
of his department and who is properly qualified through a training course
of not less than three days and who has successfully passed an examination
upon the same, or other suitable persons and investigations and carrying out
such orders as may be prescribed by him to enforce and make effective the
provisions of this chapter.
[Amended 10-17-2006 by Bill No. 2006-11]
Except as otherwise permitted in this chapter, the storage of compressed
gases, explosives, ammunition, blasting agents, flammable and combustible
liquids, hazardous chemicals, liquefied petroleum gases and magnesium above
ground is prohibited within the fire zone limits as established by the County.
[Amended 10-17-2006 by Bill No. 2006-11]
The Fire Prevention Code of the State of Maryland, originally adopted
in September 1964, and all amendments thereto, and the rules and regulations
promulgated by the State Fire Prevention Commission, pursuant to Article 38A
of the Annotated Code of Maryland, as amended, by the latest editions of the
National Fire Protection Association Standards and National Fire Protection
Association Standard No. 304-L, “Ordinance for Petroleum Wharves,”
1938 Edition, as amended, at least one copy of which has been or is now filed
in the Department of Public Works for Wicomico County, be and the same are
hereby adopted and incorporated as fully as if set forth herein, and from
the day on which this chapter shall take effect, the provisions thereof shall
be controlling within the corporate limits of Wicomico County, Maryland, insofar
as the same may be applicable and not hereinafter modified or amended.
Applications for permits required by this chapter shall be made on forms
to be supplied by the Fire Marshal. A fee of $5 shall be charged to the applicant
for each permit issued under the terms of this chapter. The Fire Marshal shall
account monthly and pay over to the Director of Finance all fees collected
by him as required by this chapter.
[Amended 2-15-1978 by Bill No. 1978-6]
Wherever the words "Chief of Fire Department" or "Chief of Bureau of
Fire Prevention" appear, substitute the words "Fire Marshal"; and wherever
the word "municipality" is used, it shall be held to mean Wicomico County;
and wherever "N.F.P.A." is used, it means "National Fire Protection Association";
and wherever "A.I.A." is used, it means "American Insurance Association.
The Fire Marshal shall have the power to modify any of the provisions
of this code upon application in writing by the owner; manager or lessee of
property within the corporate limits of said county where there are practical
difficulties in the way of carrying out the strict letter of the code, provided
that the spirit of the code shall be observed, public safety secured and substantial
justice done. The particulars of such modification, when granted or allowed,
and the decision of the Fire Marshal thereon shall be given to the applicant
and a copy thereof given to the Fire Marshal.
[1]
Editor's Note: Former § 144-11, Appeals, was repealed 10-17-2006
by Bill No. 2006-11.
Any person who shall violate any of the provisions of this code or fail
to comply therewith or who shall violate or fail to comply with any order
made hereunder or who shall fail to comply with such order as affirmed or
modified by the Fire Marshal or by a court of competent jurisdiction, within
the time fixed therefor, shall, for each and every such violation and noncompliance,
respectively, be guilty of a misdemeanor, punishable by a fine of not less
than $1 nor more than $100 or by imprisonment for not more than 10 days, or
by both fine and imprisonment. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue; and all such persons
guilty of such violation shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise specified, each
48 hours that prohibited conditions are maintained shall constitute a separate
offense. The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
