(a)
Name. The rules and regulations hereby adopted
shall constitute and shall hereafter be known as the "Fire Prevention
Code of Worcester County" and may be cited and is hereinafter referred
to as the "Fire Prevention Code."
(b)
Purpose. The purpose of this Fire Prevention
Code is to establish standards and to make provisions and requirements
for the maintenance, operation and use of land, buildings and other
structures and the storage, handling, transportation and use of materials
and equipment to prevent fires; to require all means of egress from
premises, buildings and other structures to be maintained and operated
in a safe manner; and to provide for the investigation of the cause,
origin and circumstances of fires, all for the purpose of protecting
the public health, safety and security of the people of Worcester
County. This Fire Prevention Code is hereby declared to be remedial
and shall be liberally construed to secure the beneficial purposes
intended hereby.
(a)
General. Whenever the maintenance, operation
or use of any land, building, structure, material or other object
or any part thereof constitutes a fire hazard which is dangerous or
unsafe or a menace to either the public health, safety or security
and the action to be taken to eliminate such dangerous or unsafe condition
or conditions which creates or tends to create the same is not specifically
provided for in this Fire Prevention Code, the Fire Marshal is hereby
authorized and empowered to take such action as may be necessary to
eliminate such dangerous or unsafe condition or conditions in accordance
with the provisions of this Fire Prevention Code.
(b)
Enforcement by Fire Marshal.
(1)
The Fire Marshal is hereby authorized, empowered and charged
with the duty of enforcing the provisions of this Fire Prevention
Code in the form and manner herein prescribed.
(2)
The Fire Marshal is hereby authorized and empowered to institute
or cause to be instituted any and all legal or equitable actions or
proceedings of every kind and character which may be necessary and
proper to enforce any and all provisions of the Fire Prevention Code.
(3)
In any case where an emergency, as contemplated by this Fire
Prevention Code, does not exist and any person fails in any respect
to fully comply with any and all provisions of any notice, decision
or order issued or made by the Fire Marshal, the Fire Marshal is hereby
authorized and empowered to do or perform or have done or performed
any and all work or operations and to take any other action which
may be necessary to eliminate or make safe and secure any and all
conditions of every kind and character which are in violation of the
terms and provisions of this Fire Prevention Code.
(4)
Nothing contained in this Fire Prevention Code shall be taken
or construed to stop or prevent the Fire Marshal from instituting
or causing to be instituted or fully prosecuting any and all legal
or equitable actions or proceedings of every kind or character which
may be necessary or proper to compel full compliance with any and
all of the provisions of this Fire Prevention Code even though criminal
proceedings of any kind or character may be pending or may have been
completed.
(c)
Right of entry. The Fire Marshal or his authorized
representatives, when in uniform or upon exhibiting the proper credentials,
shall have the right to enter any building, structure or premises,
except private residences, at any time during business or operating
hours, or at such other times as may be necessary in an emergency
resulting from or arising out of any causes that endanger or tend
to endanger the public health or safety, for the purpose of performing
his duties under this Fire Prevention Code or enforcing the provisions
of this Fire Prevention Code.
(d)
Duty to make inspections and tests. The Fire
Marshal shall make any and all inspections and tests or cause any
and all inspections and tests to be made as required by the provisions
of this Fire Prevention Code.
(e)
Authority to issue orders and notices. The
Fire Marshal is hereby authorized and empowered to issue such orders
and notices as may be necessary and proper to carry out the intent
and purpose of this Fire Prevention Code.
(f)
Duty to keep records and make reports. The
Fire Marshal shall keep any and all and make any and all reports that
may be necessary for the proper administration of this Fire Prevention
Code.
(g)
Deputies. The County Commissioners of Worcester
County are hereby authorized and empowered to appoint such deputies
as, in their judgment, may be necessary to make any and all of the
examinations and inspections which are required to be made or which
may be made in accordance with the provisions of this Fire Prevention
Code, which deputies shall report, in writing, the results of their
examinations or inspections so made to said Fire Marshal. For the
purpose of making such examinations or inspections, such deputies
as may be so appointed are hereby fully authorized and clothed with
the same power and authority to enter upon or into and examine or
inspect any premises, buildings or structures within the limits of
Worcester County as is given to said Fire Marshal and his authorized
representatives by this Fire Prevention Code.
(h)
Fire Prevention Committee of Worcester County.
(1)
The Fire Prevention Committee shall be appointed by the County
Commissioners and shall consist of the Chief of each fire company
chartered by the County Commissioners pursuant to this Title of the
Public Safety Article of the Code of Public Local Laws of Worcester
County, Maryland.
(2)
The Fire Prevention Committee shall meet with the Fire Marshal
at least quarterly. The Committee shall advise the Fire Marshal. The
Committee shall make recommendations to the Board of County Commissioners
for Worcester County for amendments, revisions and additions to the
Fire Prevention Code of the county.
(a)
Scope of inspections and tests. Inspections
and tests shall include any and all inspections, examinations, tests
and investigations of the use, maintenance and operation of any and
all land, buildings or other structures, or any and all parts thereof,
or of any and all materials, types or kinds of methods of construction,
electrical work, machinery, appliances, accessories or equipment therein
or thereon, as well as any matter or thing pertaining or relating
to any of the foregoing to determine if any or all of the aforesaid
conform to the requirements of this Fire Prevention Code.
(b)
Routine inspections by the Fire Marshal. The
Fire Marshal or his duly authorized deputies shall make any and all
routine inspections necessary to properly enforce the provisions of
this Fire Prevention Code.
(c)
Periodic inspections by the Fire Marshal. In
order to ensure compliance with all laws, rules and regulations pertaining
to fire and firesafety which are in effect in Worcester County, the
Fire Marshal shall make such periodic inspections as he, in consultation
with the Fire Prevention Committee, deems appropriate. Such inspections
shall be made of all buildings, areas and structures as may be deemed
appropriate. All public buildings, institutional buildings, residences
accommodating more than two families, storage buildings and business
or commercial buildings shall be inspected at least once a year. All
sprinkler, standpipe and foam systems and all water curtains required
by law shall be inspected annually and, if deemed necessary, tested
annually by and at the convenience of the owner of such systems in
the presence of the Fire Marshal and in the manner prescribed by him.
The owner of such systems or water curtains shall pay any and all
costs for labor and materials, not usually furnished by the Fire Department,
incurred in connection with making such tests.
(d)
Quality assurance program. The quality assurance
program is implemented in order to guarantee that fire protection
systems are receiving consistent, quality service testing, inspection
and maintenance, thereby helping to ensure that such fire protection
systems will function as intended in the event of an emergency.
[Added 10-21-2014 by Bill No. 14-9]
(1)
The quality assurance program shall be administered by the Worcester
County Fire Marshal's Office.
(2)
In implementing the quality assurance program, the Worcester
County Fire Marshal's Office may use a third-party vendor system
and/or data collection agency as approved by the County Commissioners.
(3)
All fire protection system inspection agencies, whether required
to be licensed or not by an authorized state or County agency, shall
comply with all regulations of the quality assurance program approved
by the County Commissioners and administered by the Worcester County
Fire Marshal's Office and shall:
(a)
Scope and records of complaints.
(1)
Complaints shall include any and all written or oral complaints
or information pertaining to any and all matters or things provided
for by the provisions of this Fire Prevention Code.
(2)
A record shall be made of any and all complaints received by
the Fire Marshal. All complaints received by fire companies located
in an area subject to the jurisdiction of the Fire Marshal or by the
Mayor and Council of any municipality subject to the jurisdiction
of the Fire Marshal or any other county or city agency subject to
the jurisdiction of the Fire Marshal dealing with violations of this
Fire Prevention Code or other fire hazards shall be promptly forwarded
to the Fire Marshal. The Fire Marshal shall maintain an orderly filing
system for such complaints.
(b)
Investigation of complaints. Every written,
signed complaint which is received by the Fire Marshal shall be investigated
by the Fire Marshal, and his findings with respect to such investigation
shall be made in the form of a written report.
(c)
Action on complaints. The Fire Marshal shall
make a decision, in writing, on all complaints filed in accordance
with the provisions of this Fire Prevention Code within ten days after
the date on which a complaint is received.
(a)
General requirements of notices. Every notice
issued by the Fire Marshal shall be in such form as he may direct
and shall set forth the pertinent facts relating to the matter covered
thereby, the requirements which must be complied with in order to
correct the conditions set forth therein and the period of time in
which the same shall be complied with.
(b)
Serving of notices.
(1)
All notices issued by the Fire Marshal pursuant to or in connection
with the provisions of this Fire Prevention Code shall be served on
the owner or any one of several owners of the property which is the
subject of any such notice or on any duly authorized agent of any
such owner or owners. In the event that the property which is the
subject of any such notice is occupied by some person other than the
owner thereof, and the condition which caused the issuance of any
such notice was created or permitted to occur or exist by the occupant
of the property involved, then any and all notices issued by the Fire
Marshal as aforesaid shall be served on the occupant of said property
or on his duly authorized agent as well as on the owner of said property
as aforesaid.
(2)
All notices shall be served by registered or certified mail
or by any representative of the Fire Marshal or by the Worcester County
Sheriff or one of his deputies. When personal service is so made,
the party serving the notice shall note upon a copy of the notice
the date, time and person served, as well as his own name, and return
said copy to the Fire Marshal.
(3)
Nothing contained in this Fire Prevention Code shall be taken
or construed to excuse or relieve any person from fully complying
with any and all of the provisions of this Fire Prevention Code at
any and all times, regardless of whether or not any notice has been
issued by the Fire Marshal in any particular case.
(c)
When notices cannot be served. In the event
that the owner or occupant of any land, building or structure upon
which a notice is to be served under the terms and provisions of this
Fire Prevention Code does not reside in Worcester County or the whereabouts
of any such owner or occupant cannot be ascertained by the Fire Marshal
by examining the tax records of said Worcester County and the latest
telephone directories and making inquiry of the occupants, if any,
of any such land, building or structure, then any such notice shall
be conspicuously posted by a duly authorized representative of the
Fire Marshal upon that part of any land, building or structure to
which such notice related, which is closest to a street, public highway
or the usual entrance to said premises, so that such notice will be
visible to the general public. After any such notice has been posted
as aforesaid, the Fire Marshal shall take no action in connection
with any premises so posted until and after the expiration of a period
of thirty days, except that, in cases of emergency, the Fire Marshal
shall proceed in accordance with the provisions of this Fire Prevention
Code. In all cases where any such notice is posted on any land, building
or structure as herein above provided, such posting shall be deemed
to be adequate and sufficient service of such notice.
(d)
Failure to comply with notices. In the event
that any person fails to comply with the requirements of any notice
issued pursuant to the provisions of this Fire Prevention Code, each
failure shall constitute a violation of this Fire Prevention Code,
and the Fire Marshal shall take any and all action that he may deem
necessary or expedient and shall, with the consent of the County Commissioners
of Worcester County, institute or cause to be instituted any and all
appropriate legal actions or proceedings which may be necessary, expedient
or proper to prevent the commencement or the continuation of or to
eliminate, abate or correct the condition or conditions which are
complained of or which are the subject matter of such notice.
(e)
Extension of time limit on notices. The Fire
Marshal may extend the period or periods of time within which the
requirements of any notice must be complied with.
(a)
Power of the Fire Marshal in emergencies. In
case of the existence of an emergency where life or property is in
immediate danger from any cause or thing covered or contemplated to
be covered by this Fire Prevention Code and there is not sufficient
time to comply with the provisions of this Fire Prevention Code, the
Fire Marshal is hereby authorized and empowered to and shall promptly
and immediately take any and all action that may be necessary to protect
such life and property without complying with the provisions of this
Fire Prevention Code.
(b)
Labor and material for emergency work. In
all such cases of emergency where life or property is in immediate
danger and it is necessary to perform any work or operation to protect
life or property, the Fire Marshal is hereby authorized and empowered
to temporarily employ such persons and purchase such material, either
directly or by contract, as may be necessary to perform such work
or operation. In any and all such cases, the entire amount or amounts
of all costs or expenses expended or incurred by the Fire Marshal
in avoiding, abating, correcting or removing or having avoided, abated,
corrected or removed such dangerous condition shall be and become
a debt, jointly and severally, due and owing by each and every owner
of the premises, building or other structure whereon or wherein the
dangerous condition exists and by any other person responsible for
the creating of said condition to the County Commissioners of Worcester
County upon the completion of the work or operation necessary to eliminate
such dangerous condition. The amounts of any and all of the aforesaid
debts due and owing to the County Commissioners of Worcester County
shall be collected or enforced in the same manner as any other debts
due and owing to the County Commissioners of Worcester County are
collected or enforced.
(a)
Violations of Fire Prevention Code. Every
person shall fully comply with all of the terms and provisions of
this Fire Prevention Code and with all the terms and provisions of
any notice, order or decision issued by the Fire Marshal or the County
Commissioners of Worcester County. Any act or actions which are contrary
to any provision or requirement of and any and all failures to comply
with any provisions or requirements of this Fire Prevention Code or
any such notice, order or decision shall constitute a violation of
this Fire Prevention Code.
(b)
Violations. Any person who violates the provisions
of this Subtitle shall be guilty of a civil infraction.
[Amended 11-10-1987 by Bill No. 87-5]
The State Fire Prevention Code, as adopted by the State Fire
Prevention Commission, together with all rules, regulations and resolutions
adopted thereunder, as the same may be from time to time amended,
repealed, promulgated or supplanted, are hereby adopted as a part
of the Fire Prevention Code of Worcester County and enforceable pursuant
to this Subtitle in Worcester County.
The Worcester County Commissioners and the Worcester County
Fire Marshal shall have all rights, powers, duties and authorities
prescribed by the Public General Laws of the State of Maryland and
all Public Local Laws of Worcester County, Maryland. The County Commissioners
shall have the power and authority to make changes in and additions
to the State Fire Prevention Code for enforcement within Worcester
County. Such changes shall be made by Public Local Law.
(a)
Additional regulations regulating buildings for the use
and occupancy of nurseries, convalescent homes and homes for the aged.
(1)
CONVALESCENT HOME
HOME FOR THE AGED
NURSERY
For the purpose of this Subtitle, the terms "nursery," "convalescent
home" and "homes for the aged" shall be defined as follows:
A privately operated establishment devoted to the care of
persons during the recuperative stage of an illness or in which persons
may be cared for during an illness.
An establishment devoted to the general care and maintenance
of old people. Such establishments may also supply inmates with the
type of service rendered by the convalescent home.
An establishment where children under six years of age are
kept during the daytime while the parent or parents are at work or
otherwise engaged or when four or more children under six years of
age are lodged at a stipulated rate of pay. Such an establishment
may be privately operated and supported by fees charged for the service
or it may be an establishment owned and operated by the municipality.
(2)
The heating of buildings occupied for the purposes regulated
by this subsection shall be restricted to steam, electric, hot-water
and hot-air systems employing central heating plants with installation
such as to safeguard the inherent fire hazard. The use of portable
heaters of any kind is hereby prohibited.
(b)
Additional regulations regulating tenting areas and tent
sites.
(1)
For the purpose of this Subtitle, the term "tenting area" shall
include any premises where more than two tents or tent sites are located.
(2)
In a tenting area, no tent or part of a tent shall be erected
and/or maintained at a distance less than ten feet from any other
tent or part thereof.
(3)
All flammable liquids in a tenting area or at a tenting site
shall be kept in approved types of safety cans or containers.
(4)
No electric dispensing unit dispensing flammable liquids shall
be located at a distance less than fifty feet from any tent or tent
site.
(5)
Every tenting area shall be designed, constructed and maintained
in such a manner that no part of any tent site shall be further than
one hundred feet from an upright outlet, raised at least one foot
above the ground level, of a forced water supply line. Said forced
water supply line shall have a minimum diameter of three-fourths of
an inch. There shall be attached to each said upright outlet a faucet
designed so that a hose may be easily attached thereto. There shall
be available, at the location of every said upright outlet, a hose
for use in case of fire, not less than fifty feet in length.
(6)
The Fire Marshal, in his discretion, may require such other
reasonable fire-fighting equipment to be installed for the safety
and protection of persons and property in any tenting area.
(c)
Additional regulations as to mobile homes.
(1)
Notwithstanding the provisions of applicable codes, no mobile
home shall be located or maintained as follows:
A.
Any portion of a mobile home, excluding the tongue, shall not
be located closer than ten feet side to side, eight feet end to side
or six feet end to end horizontally from any other mobile home or
community building, unless the exposed composite walls and roof of
either structure are without opening and constructed of materials
which will provide a one-hour fire rating or the structures are separated
by a one-hour fire-rated barrier.
B.
Provided that any mobile home legally located but in violation
of such setbacks on the effective date hereof shall be allowed to
remain so located for a period of one year from the effective date
hereof, after which date all mobile homes shall fully comply with
the provisions of this subsection.
(d)
Additional regulations prohibiting certain fireworks.
[Added 6-4-2002 by Bill No. 02-8]
(1)
In addition to fireworks prohibited by state law, the possession
of ground-based sparkling devices, including without limitation, cylindrical
or cone fountains, whether aerial or non-aerial and whether explosive
or non-explosive, shall be prohibited in Worcester County, except
and limited as follows:
A.
It shall be legal to possess ground-based sparkling devices
that are non-aerial and nonexplosive, provided they are labeled in
accordance with the requirements of the U.S. Consumer Product Safety
Commission and produce a visual effect of no more than twelve feet
in height.
B.
Such ground-based sparkling devices referenced in Subsection
(d)(1)A hereof, may only be sold in fully enclosed retail establishments
upon the approval of the Worcester County Fire Marshal upon the filing
of the appropriate application and payment of application fees as
from time to time established by resolution of the County Commissioners.
No ground-based sparkling devices shall be sold from a roadside stand
or other temporary sales outlet in the County.
(e)
Additional regulations regulating automatic fire sprinkler
systems in townhouse units.
[Added 10-21-2014 by Bill No. 14-8]
(1)
TOWNHOUSE
For the purposes of this Subtitle the term "townhouse" shall
be defined as follows:
A single-family dwelling unit that is constructed in a horizontal
series of attached units with property lines separating the units.
(2)
Notwithstanding the provisions of any other applicable code
or regulation, any group of three or more townhouse units shall be
considered as a multifamily structure for the purposes of determining
the applicable automatic fire sprinkler requirements unless the structure
is provided with an automatic audible flow enunciator and an approved
exterior fire department connection in which case the townhouse units
shall be considered as a one- and two-family dwelling for the purpose
of determining the applicable automatic fire sprinkler requirements.
[Amended 3-5-2016 by
Bill No. 16-2]
[Added 6-16-2009 by Bill No. 09-3]
(a)
ALARM
ALARMED BUILDING
GOOD FAITH
NUISANCE ALARM
PUBLIC SAFETY AGENCY/DEPARTMENT
Definitions. For the purpose of this Subtitle,
the following definitions shall apply:
The use of any equipment, device, appliance and/or system
that produces an alarm, either audible, visual, a combination of both,
or via electronic equipment to a system or person who reports the
alarm as an emergency. An alarm system includes systems that produce
a similarity to smoke, or flame or combination thereof, such as, but
not limited to fog, mist, or flame, or any medical activation device
that causes a response by a public safety agency.
Any structure or premises, private or public where an alarm
has been installed for the protection of life and property.
A request for assistance; at the time of the alarm report,
the request for emergency response was intended to be authentic.
Any alarm for which a public safety agency response was initiated
and its services are not needed shall constitute a nuisance alarm.
Nuisance alarms do not include an alarm for assistance that was deemed
in good faith.
Any legally designated County Fire, Rescue, Emergency Medical
Services, Health, Emergency Management, Fire Marshal or Police agency
authorized to respond to an alarm for emergency assistance.
(b)
Nuisance response. A response by a public
safety agency for a nuisance alarm to any alarmed building for which
the services of that agency or department are not needed shall be
limited to the following number of nuisance alarms, and the assigned
alarm user shall be assessed the following fees for responses that
exceed those limitations:
(1)
Two responses within a twenty-four-hour period;
(2)
Three responses within a thirty-day period;
(3)
Six responses within one calendar year period (January 1st to December
31st).
(4)
For nuisance alarms which exceed the aforesaid limitations, the assigned
alarm user will be assessed a fee of $100 for each of the next two
nuisance alarms and $200 for each additional nuisance alarm thereafter;
and/or
(5)
The Fire Marshal or the Director of Emergency Services is hereby
authorized to order the correction or repair of any equipment, device,
appliance, and/or system which has caused a nuisance alarm.
(6)
At the discretion of the Fire Marshal or the Director of Emergency
Services, responses to nuisance alarms that exceed Subsections (b)(1),
(2) and/or (3) of this section may order the abatement and/or discontinuance
of the use of the equipment, device, appliance, and/or system which
has caused a nuisance alarm.
|
(c)
|
Violations.
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|---|---|---|
|
(1)
|
Failure to correct or repair an alarm system shall be deemed
an intermediate civil infraction as determined by resolution by the
County Commissioners.
| |
|
(2)
|
The failure to comply with such abatement/discontinuance order
shall be deemed a major civil infraction as determined by resolution
by the County Commissioners.
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