Calvert County, MD Article II Definitions, Administration and Enforcement

§ 44-4 Word usage; terms defined.

A. Words defined in this code are intended for use only with the sections of this code. Definitions set forth in any document referenced by this code shall be the acceptable definitions for use of that document only. Words not specifically defined in this code or other referenced documents shall be interpreted as being the ordinary usage of the word as set forth in Webster's Third New International Dictionary of the English Language, Unabridged, as published by the G & C Merriam Company, Springfield, Massachusetts, in 1966.

B. As used in this Part 1, the following terms shall have the meanings indicated:

ALTERNATIVE

A system, condition, arrangement, material or equipment submitted to the Department as a substitute for a code requirement.

APPROVED

Acceptable to the Department.

AUTOMATIC FIRE EXTINGUISHING SYSTEM

Any system which is designed and installed to detect a fire and subsequently discharge an extinguishing agent without human activation or direction.

BASEMENT

A story with more than 50% of its cubic volume below grade.

CURB CUT

Reduced curb height to facilitate vehicle passage over or across a curb. Curb cut can be an abrupt reduction or may be a tapering reduction for the length of the curb on each side of the means of access.

DEPARTMENT

The organization, office or individual responsible for approving equipment, an installation or a procedure. In this case it would be the Department of Public Safety, Division of Fire-Rescue-EMS Life Safety and Fire Prevention Section.

DWELLING

A single unit providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EXISTING CONDITION

Any situation, circumstance, or physical makeup of any structure, premises or process which was ongoing or in effect prior to the adoption of this code.

FARM PROPERTIES

Those properties which are used primarily for agricultural purposes.

FIRE DEPARTMENT

The governmental, quasi-governmental or other organization, which is responsible for providing fire protection services to an area.

FIRE DOOR

A tested, listed or approved door and door assembly constructed and installed for the purpose of preventing the spread of fire through openings in walls, partitions, or other horizontal or vertical construction.

FIRE HAZARD

Any situation, process, material or condition which, on the basis of applicable data, may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion, and which poses a threat to life or the property of others.

FIRE HYDRANT

A valved connection on a piped water supply system having one or more outlets and which is used to supply hose and fire department pumpers with water.

FIRE LANE

The road or other passageway developed to allow the passage of fire apparatus.

FIRE OFFICIAL

An individual designated as the administrative head of the agency, bureau or division responsible for the administration and enforcement of the fire protection laws of the jurisdiction. For purposes of utilizing this code, this term shall also apply to any person designated as a representative of the fire official.

FIRE PROTECTION SYSTEM

Any fire alarm 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.

GRADE

The reference plane representing the average elevation of finished ground level adjoining the building at all exterior walls.

JURISDICTION

Any governmental unit or political division or subdivision, including, but not limited to: township, village, borough, parish, city, district or territory located within Calvert County, Maryland over which the governmental unit exercises power and authority.

MEANS OF ACCESS

The method or arrangement by which entry or approach is made to a building area by Fire Department apparatus.

PLANNED BUILDING GROUPS

One or more structures constructed on a parcel of land which is under the ownership, control or development by one individual, corporation, partnership or firm, excluding a single-family dwelling and farms.

PRIVATE BUILDING

Any building or that portion of a building, which is normally not frequented by, nor open to, the public.

PRIVATE DRIVE

The same as "private street."

PRIVATE DWELLING

The same as "dwelling."

PRIVATE ROAD

The same as "private street."

PRIVATE STREET

Any accessway normally intended for vehicular use in the movement between points within a planned building group area or between the planned building group area and a street.

ROADWAY

Any street, private street or fire lane.

STANDPIPE

A pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a building for fire-fighting purposes.

STATE FIRE MARSHAL

The Maryland State Fire Marshal's Office, which may be responsible also for approving equipment, an installation or procedure covered within this code.

STORY

That portion of a building included between the upper surface of the floor and the upper surface of the floor or roof next above.

STREET

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.

STRUCTURE

Any building, monument or other object that is constructed with the ground as its foundation or normal resting place.

SUPERVISED AUTOMATIC FIRE EXTINGUISHING SYSTEM

Any automatic fire extinguishing system, which is constantly, monitored so as to determine its operating condition at all times.

SYSTEM

Several items of equipment, assembled grouped or otherwise interconnected, for the accomplishment of a specific purpose or function.

ZONING DISTRICTS

Zoning districts are defined as stated in the Calvert County Zoning Ordinance.[1]

[1] Editor's Note: See Vol. II, Ch. 155, Zoning.

§ 44-5 Severability.

If any section, subsection, sentence, clause, or phrase of this code be declared invalid or unconstitutional by a court of competent jurisdiction, such provisions shall be deemed separate, and such invalidity or unconstitutionality shall not affect the validity of the code in its entirety or of the remaining sections or parts thereof.

§ 44-6 Administration and interpretations.

The Department or its designee shall administer the provisions identified in the Calvert County Site Plan Review Code for Fire Protection in Planned Building Groups. The Department for its designee shall be responsible for clarifying the intent or this code.

§ 44-7 Enforcement.

A. When the Department determines that a violation of these codes has occurred or has found defective or deficient condition, the Department shall notify on-site personnel or the permittee in writing of the violation. The Department shall also send by certified mail or deliver by hand personally a written notice of violation to the permittee. This notice shall describe:

(1) The nature of the violation;

(2) The required corrective action;

(3) The time period in which to have the violation corrected.

B. No additional inspections shall be authorized or completed until the violation has been corrected.

C. If the violation persists after the date specified for corrective action in the notice of violation or if the situation is deemed to be of a critical fire protection nature, the Department shall stop work on the site. The Department shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to correct the violation. Once the corrective action on the violation is completed, the permittee shall contact the Department and request an inspection of the site. If after the inspection the Department determines that the corrective action is in accordance with this code and acceptable to the Department, the stop-work order shall be removed and work may proceed on the site.

D. If corrections to the violations are not commenced and diligently pursued within five days of the notice, and continued thereafter, the Department may issue a civil citation to the permittee.

E. Any step in the enforcement process may be taken at any time, depending on the severity of the violation.

§ 44-8 Penalties.

A. On verification of a violation of this code, the Department may issue a civil citation, in person or by certified mail, to the permittee or the person deemed responsible for committing the violation, including the contractor. The citation shall serve as a notification to the person concerned that the person has been assessed a civil fine that is due and payable to Calvert County.

B. Any person who is issued a citation shall:

(1) Be deemed to have committed a civil violation; and

(2) Pay to the County a civil fine in the amount prescribed under this section.

C. Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed in this section.

D. The fine for each civil violation of this code is:

(1) For the first violation: $100.

(2) For the second violation: $250.

(3) For the third violation: $500.

(4) For each violation in excess of three: $1,000.

E. If a person who receives a citation for a violation fails to pay the fine by the date of payment set forth in the citation, a formal notice of the violation shall be sent to the person's last address, if known. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for an additional fine not to exceed twice the original fine. If, after 35 days, the citation is not satisfied, the county may request adjudication through civil lawsuit.

F. The citation shall be on a form adopted by the Board of County Commissioners of Calvert County, which shall include.

(1) The date of issuance of the citation;

(2) The name and address of the person charged;

(3) The section number of the Code that has been violated;

(4) The nature of the violation;

(5) The place and time when the violation occurred;

(6) The amount of the civil fine assessed;

(7) The manner, location and time period in which the fine is to be paid;

(8) Where applicable, the notice that each day of continued violation thereafter shall be deemed a separate violation subject to additional citation;

(9) The name, business address, and telephone number of the case.

G. Any agency whose approval is required under this code or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this code.

§ 44-9 Damage or injury liability.

Calvert County and the Maryland State Fire Marshal shall not be liable for any damage to persons or properties either by reason of inspection or reinspection of buildings, structures or things, authorized by this code, or by reason or failure to inspect or reinspect such buildings, structures or things, or by reason of any permit issued or the approval or disapproval of any permit issued pursuant to this code or by reason of the approval or disapproval of any equipment authorized by this code.