[Amended 9-27-2005 by Ord. No. O-05-21]
A.
Before any contractor or other corporation, company
or individual shall use explosives within the City limits of Hagerstown,
Maryland, said individual or company shall have on file in the administrative
offices of the Hagerstown Fire Department a current explosive dealer/user
license issued by the Maryland State Fire Marshal's Office and a current
certificate of insurance indicating the total amount of liability
coverage provided. The agent or company representative shall obtain
a permit from the Hagerstown Fire Department at a total cost of $50
prior to using explosives within the City limits.
[Amended 7-26-2011 by Ord. No. O-11-15]
[Amended 2-21-1995 by Ord. No. 1995-3]
A.
It shall be unlawful to establish, open or operate
an assembly occupancy, either for profit or not for profit, within
the City limits of Hagerstown without first obtaining an assembly
occupancy permit from the Hagerstown City Fire Marshal's Office.
B.
Permits shall be issued to all assembly occupancies
after a fire inspection is conducted and it is determined that the
structure meets minimum firesafety standards.
C.
An inspection schedule will be developed by the Fire
Marshal for all assembly occupancies. Each assembly occupancy will
be scheduled for renewal of the permit once per year and will be permanently
positioned in either the first, second, third or fourth quarter of
the year to aid in the inspection and renewal process, after the initial
issuance of the permit.
D.
Any owner or operator of an assembly occupancy which fails to comply with the requirements of any of the subsections of this chapter, either due to a failure to comply with an inspection violation notice or for any other reason, shall have the assembly occupancy permit revoked and be guilty of a misdemeanor and be subject to the penalty provisions of Chapter 1, General Provisions, Article II, § 1-17, of the Hagerstown City Code.
E.
A fee of $50 per permit shall be charged for the inspection
and issuance of the permit provided for in this section.
[Amended 7-26-2011 by Ord. No. O-11-15]
F.
Every assembly occupancy shall be provided with a sign designating the maximum permitted occupant capacity for the establishment, and the capacity sign and assembly permit shall be prominently posted in a location approved by the Fire Marshal. Failure to post and maintain the assembly permit or capacity sign as directed will result in a municipal infraction and fine as listed in Article IV, § 98-9, of this chapter.
[Added 9-27-2005 by Ord. No. O-05-21]
G.
It shall be the responsibility of the on-site person in charge of each assembly occupancy to restrict the total number of persons permitted within the occupancy to not more than the established and posted occupant capacity determined by the Fire Marshal's Office. Exceeding the posted capacity of the assembly occupancy will result in a municipal infraction and fine as listed in Article IV, § 98-9, of this chapter.
[Added 9-27-2005 by Ord. No. O-05-21]
[Amended 10-27-1998 by Ord. No. 1998-49]
A.
Fees in general.
(2)
A plan review fee for all plans reviewed by the Fire Marshal's Office
for building permit application approval shall be assessed at 30%
of the cost of the building permit application fee. This fee shall
be incorporated into the building permit application fee and shall
be collected at the time the building permit fee is paid. This fee
includes all inspections associated with the construction of the project,
as well as a final inspection for use and occupancy. It does not include
inspections of any fire protection system components, or any reinspection
or retests, which are covered in other sections of this chapter.
[Amended 6-26-2018 by Ord. No. O-18-13]
(4)
Retest or reinspection fees shall be assessed whenever
follow-up testing of a fire protection system is necessary, or if
additional site inspections are required for occupancy approval, as
noted in specific sections of this section.
(5)
Failure to remit payment. In any case where a customer
fails to pay for the services provided, the following action may be
taken:
(a)
In the case of plan reviews for new or existing construction,
the Fire Marshal's Office shall not conduct a final inspection or
approve the use and occupancy permit for the project; and no other
inspections, plan reviews, or approvals will be issued for the property
owner for any other projects until the outstanding payment is received
in full.
(b)
In the case of plan reviews of fire protection systems,
the Fire Marshal's Office shall not inspect, test, or approve the
fire protection system involved; and no other inspections, plan reviews,
or approvals will be issued for the property owner/fire protection
system contractor until the outstanding payment is received in full.
(c)
In the case of a failure to pay fees associated with
technical assistance rendered, no additional services will be provided
to the owner, developer, contractor, engineer, etc., until the outstanding
payment is received in full.
B.
Fees for plan review and use and occupancy inspections.
(1)
When a building permit is required by the City of
Hagerstown Building Inspector's Office for any construction project
being built in either a new location or for renovation of an existing
structure, approved construction plans shall be submitted to the Fire
Marshal's Office for review and approval.
(2)
A plan review fee for all plans reviewed by the Fire
Marshal's Office for building permit application approval shall be
assessed at 25% of the cost of the building permit application fee.
This fee shall be incorporated into the building permit application
fee and shall be collected at the time the building permit fee is
paid. This fee includes all inspections associated with the construction
of the project, as well as a final inspection for use and occupancy.
It does not include inspections of any fire protection system components,
or any reinspections or retests, which are covered in other sections
of this chapter.
[Amended 2-4-2004 by Ord. No. 2004-6]
(3)
When a final inspection is required on a building
construction project, no inspection fee will be required for the initial
final inspection. If additional follow-up inspections are required
due to the failure of the contractor/owner to have all work completed
or properly performed, a reinspection fee of $150 shall be required
for each and every reinspection required for occupancy approval.
[Amended 2-4-2004 by Ord. No. 2004-6; 7-26-2011 by Ord. No.
O-11-15]
C.
Fire protection system review fees.
(1)
Prior to the installation of any of the systems further
described in this section, the system contractor shall submit to the
Fire Marshal's Office complete installation plans, including manufacturer's
literature on the system components, for review and approval. The
failure of the system contractor to submit plans and obtain the required
approvals will result in the disapproval of the installed system,
and will still require the contractor to submit the necessary plans
and pay all fees in order for the system to receive final testing
and approval.
(2)
The following fee schedule shall be used to calculate
the fee to be paid for plan review and inspection services for fire
protection system installations:
[Amended 2-4-2004 by Ord. No. 2004-6; 7-26-2011 by Ord. No.
O-11-15]
(a)
Fire alarm and detection systems: $100 per fire alarm panel,
plus $1.50 per fire alarm initiating and indicating device.
(b)
Sprinkler, water spray, and combined sprinkler and standpipe
systems: $1.50 per sprinkler head or $100 per system, whichever is
greater, or $100 per dwelling unit for one- and two-family dwellings.
(c)
Standpipe and hose systems: $50 per 100 linear feet or portion
of it or $100 per system, whichever is greater.
(d)
Fire pump: $0.25 per gallon per minute (gpm) of rated pump capacity
or $100 per pump, whichever is greater, although this fee does not
apply to limited service pumps utilized for residential sprinkler
systems as permitted for NFPA 13D systems.
(e)
Gaseous and chemical extinguishing systems: $1 per pound of
gaseous or dry chemical extinguishing agent, although this fee does
not apply to a reserve supply of extinguishing agent: $100 per 30,000
cubic feet of volume of the portion of protected space; $100 per wet
chemical extinguishing system; or $100 per system, whichever is greater.
(f)
Foam systems: $100 per nozzle or local applicator device plus
$1.50 per sprinkler head for a combined sprinkler and foam system
or $100 per system, whichever is greater.
(g)
Smoke control system: $100 per 50,000 cubic feet of volume or
the portion of the protected or controlled space, up to a maximum
of $1,500 per system, or $100 per system, whichever is greater.
(h)
Underground fire or combination water main and private fire
hydrant: $50 per 100 linear feet of piping or $100 per system, whichever
is greater; plus $50 per hydrant.
(3)
The fees paid include the following services for each
specified system:
(a)
Fire alarm and detection systems: plan review and inspection
of a complete system of wiring, controls, alarm and detection equipment
and related appurtenances, and one final acceptance test of the installed
system.
(b)
Sprinkler, water spray, and combined sprinkler and standpipe
systems: plan review and inspection of shop drawings, hydraulic calculations,
piping, control valves, connections and other related equipment and
appurtenances, one underground flush per system, one hydrostatic test
per system, and one final acceptance test per floor or system.
(c)
Standpipe and hose systems: plan review and inspection of a
complete system of shop drawings, control valves, piping, connections
and other related equipment and appurtenances, one flush test per
system, one hydrostatic test per system, and one final acceptance
test of the installed system.
(d)
Fire pump: plan review and inspection of a complete system of
pumps and all associated valves, piping, controllers, driver and other
related equipment and appurtenances, and one pump acceptance test.
(e)
Gaseous or chemical extinguishing systems: plan review and inspection
of a complete system of piping, controls, and equipment and other
appurtenances, and one performance or acceptance test of the installed
system.
(f)
Foam system: plan review and inspection of a complete system
of piping, controls, nozzles, and equipment and related appurtenances,
and one flush test per system, one hydrostatic test per system, and
one final acceptance test of the installed system.
(g)
Smoke control system: plan review and inspection of system components,
one performance or acceptance test of the installed system.
(4)
Final acceptance testing shall be witnessed by a representative
of the Fire Marshal's Office.
(5)
A fee of $150 per system zone or floor shall be charged to retest or reinspect if the test outlined in Subsection C(3) of this section reveals that the system being tested does not meet applicable standards.
[Amended 7-26-2011 by Ord. No. O-11-15]
(6)
A "services provided" form shall be completed by the
Fire Marshal's Office detailing the inspection location, billing information,
date of service, type(s) of system(s) reviewed, and the total cost
for the services. The customer shall then receive an invoice for the
services rendered, which shall be due and payable within 30 days.
D.
Technical assistance fees.
(1)
Upon request, the Fire Marshal's Office shall provide
technical code assistance to developers, architects, contractors,
property owners, etc. This assistance may be in the form of a preliminary
review of construction/site plans and fire protection system plans,
or an on-site consultation/site inspection to discuss fire code requirements,
alternative protection options, or interpretations of the fire code
and their application to a specific project or property.
(2)
Technical assistance fees shall be charged at $45
per hour, prorated to the nearest 1/2 hour. This fee shall not apply
to any consultation after the issuance of a building permit.
(3)
When requested, a reasonable time to prepare written
reports or research subsequent code-related issues shall be included
when computing the fee for technical assistance.
(4)
The fee shall be charged to the person officially
requesting assistance. A "services provided" form shall be completed
by the Fire Marshal's Office detailing billing information, date of
service, type of technical assistance provided, and the time involved
to complete the service. The customer shall then be invoiced for services
rendered, with the fee due and payable within 30 days.
E.
Fire suppression fees.
[Added 5-22-2001 by Ord. No. 2001-20]
(1)
The City of Hagerstown Fire Department may charge
a fee to the owner and/or occupant of the property for the lesser
of the actual costs to the City, as determined by the Department,
of the suppression or the limit of the available insurance coverage
for each actual fire suppression activity in which personnel and/or
vehicles of the City of Hagerstown Fire Department are utilized.
(2)
This fee shall be collected when so provided in the
property owner's or occupant's fire or other insurance policy for
the real property where the fire suppression takes place.
F.
Business license inspection fee. An inspection fee of $50 shall be
charged for the Fire Department to perform an inspection for a business
to obtain a license or permit from any entity.
[Added 7-26-2011 by Ord. No. O-11-15]
G.
Motor vehicle collision response fee. The following fees may be charged
for the Fire Department to respond to a motor vehicle collision: $150
per hour for the engine company and/or ladder company vehicle; $100
per hour for the utility vehicle; $50 per hour for the shift commander,
officer and/or other personnel of the Fire Department.
[Added 7-26-2011 by Ord. No. O-11-15]
H.
False alarm fee. A fee of $250 may be charged to the property owner
for the Fire Department responding to a false fire alarm which is
defined as a verbal, mechanical, or other request for assistance of
the Fire Department not in response to an actual fire.
[Added 7-26-2011 by Ord. No. O-11-15]
A.
Any vendor selling or desiring to sell within the City of Hagerstown,
ground-based sparkling devices (GBSD) as permitted in COMAR 29.06.07,
and as further defined in Maryland Public Safety Article, Title 10,
§ 10-101(f)(3)(iv), shall comply with all requirements of
COMAR 29.06.07 and shall be required to obtain a permit from the City
Fire Marshal. No devices other than those permitted in Title 10 of
the Maryland Public Safety Article, as from time to time amended,
shall be permitted in the City of Hagerstown.
B.
Issuance of a permit by the City Fire Marshal shall be conditioned upon compliance with the requirements of the State Fire Prevention Code and Chapter 65 of NFPA 1, Uniform Fire Code.
C.
A permit issued by the City Fire Marshal for the sale of GBSD shall
be valid for a period not to exceed 60 days from the date of issuance.
D.
A nonrefundable permit fee in the amount of $250 payable to the City
of Hagerstown shall be remitted to the City Fire Marshal prior to
the scheduling of any site inspections or the issuance of the permit.
E.
The permit to sell GBSD may be denied or revoked by the City Fire Marshal at any time, for failure to comply with any part of COMAR 29.06.07 or Chapter 65 of NFPA 1, Uniform Fire Code.
G.
It shall be unlawful for any person to possess fireworks which are
listed as illegal under the Public Safety Article, Title 10, Annotated
Code of Maryland, unless a permit has been obtained from the Maryland
State Fire Marshal's Office.
I.
The Fire Marshal shall be authorized to seize, remove, and destroy
all fireworks possessed or sold in violation of this article.
