City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
[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]
B. 
Failure to comply with the filing and permitting requirements of Subsection A of this section shall be a municipal infraction and subject to the fines listed in Article V, § 98-10.
[Amended 10-23-2007 by Ord. No. O-07-22]
[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.
(1) 
A fee shall be charged for the following services performed by the Hagerstown City Fire Marshal's Office:
(a) 
Plan review, and use and occupancy inspections;
(b) 
Fire protection system plan review and inspections;
(c) 
Technical assistance.
(2) 
Fees shall be assessed based upon the service required and as calculated utilizing the fee schedule specified in this section. A "services provided" form shall be completed by the Fire Marshal's office detailing all charges (except plan review and use and occupancy inspections, which will be calculated and billed through the City Building Department), and the customer shall then receive an invoice for the services rendered, which shall be due and payable within 30 days.
(3) 
Payment method.
(a) 
Fee payments shall be in the form of a check or money order payable to the City of Hagerstown.
(b) 
Cash payments are not acceptable.
(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.
(d) 
The penalties as specified in Chapter 98, § 98-2 shall apply to any person failing to remit payment for services provided by the Fire Marshal's Office.
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]
[Added 9-27-2005 by Ord. No. O-05-21[1]; amended 10-23-2007 by Ord. No. O-07-22]
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.
F. 
Failure to obtain the required permit to sell GBSD shall be punishable as a municipal infraction and subject to the fines noted in Article V, § 98-10, Municipal infractions.
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.
H. 
Any person found to be in possession of illegal fireworks as referenced in this article shall be subject to a municipal infraction citation and fines as listed in Article V, § 98-10, Municipal infractions.
I. 
The Fire Marshal shall be authorized to seize, remove, and destroy all fireworks possessed or sold in violation of this article.
[1]
Editor's Note: This ordinance renumbered §§ 98-8 and 98-9 as §§ 98-9 and 98-10, respectively.