City of Hagerstown, MD Article I Fire Prevention and Life Safety Standards

§ 98-1 Adoption of standards by reference.

A. This code shall be known as the "Fire Prevention Code of the City of Hagerstown, Maryland," and is established for the purpose of providing an ordinance to provide the City of Hagerstown, Maryland, with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of certain equipment; regulating the use of structures, premises and open areas; providing for the abatement of fire hazards; regulating blasting; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of these objectives.

[Amended 10-23-2007 by Ord. No. O-07-22]

B. This Code adopts in its entirety the Maryland State Fire Prevention Code, COMAR 29.06.01, by reference, including all editions of NFPA 1, Uniform Fire Code, and NFPA 101, Life Safety Code, as from time to time amended.

[Ameneded 9-27-2005 by Ord. No. O-05-21]

C. One copy of NFPA 1, Uniform Fire Code, and NFPA 101, Life Safety Code, shall be filed and maintained in the office of the City Clerk.

[Amended 5-21-1996 by Ord. No. 1996-14; 9-27-2005 by Ord. No. O-05-21]

D. (Reserved)[1]

[1] Editor's Note: Former Subsection D, which adopted NFPA No. 1, 1992 Edition, as amended 5-21-1996 by Ord. No. 1996-14, was repealed 9-27-2005 by Ord. No. O-05-21.

E. (Reserved)[2]

[Amended 5-21-1996 by Ord. No. 1996-14]

[2] Editor's Note: Former Subsection E, which adopted BOCA National Fire Prevention Code, 1993 Edition, as amended 5-21-1996 by Ord. No. 1996-14, was repealed 9-27-2005 by Ord. No. O-05-21.

F. This Code also adopts by reference the Explosive Materials Code of the National Fire Protection Association. NFPA 495, 2006 Edition, in its entirety, the same as if set out at length herein, as amended by the state fire prevention code.[3]

[Added 10-23-2007 by Ord. No. O-07-22]

[3] Editor's Note: Former Subsection F, which provided that codes adopted by reference are on file in the Clerk's office, was repealed 9-27-2005 by Ord. No. O-05-21.

G. (Reserved)

§ 98-2 Violations and penalties.

[Amended 9-27-2005 by Ord. No. O-05-21; 10-23-2007 by Ord. No. O-07-22]

A. It shall be unlawful for any person to violate this chapter, to permit or maintain such a violation, to refuse to obey any provision thereof or to fail or refuse to comply with any such provision or regulation except as may be permitted by a variance authorized by the Fire Marshal in writing, and in accordance with accepted practices as outlined in the applicable codes. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Any person, firm, corporation, individual, limited partnership or legal entity of whatsoever nature or kind who or which shall violate any of the provisions of the codes hereby adopted or who or which fails to comply therewith shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor (unless referenced as a municipal infraction violation, as contained in Article V, § 98-10 of this chapter), and shall be punishable in accordance with the penalty provisions provided for in Chapter 1, General Provisions, Article II, § 1-17, of the Hagerstown City Code.

B. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct or remedy such violations or defects. Each day shall be considered a separate offense.

C. The application of the above penalty provisions shall not be held to prevent the Fire Marshal, his deputies or other legally designated officials of the Fire Department from taking immediate corrective action to summarily abate any condition which is in violation of any provisions of this code, and which represents in the mind of the enforcement official an immediate fire hazard to life and/or property.

§ 98-3 Enforcement.

A. The Fire Chief of the Hagerstown Fire Department shall be ultimately responsible for the enforcement of the provisions of this chapter. The Fire Chief may detail qualified members of the Department as inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties placed upon the Fire Chief of the Hagerstown Fire Department, the Fire Marshal's Office of the City of Hagerstown, Maryland, is hereby created.

B. This Office or Bureau shall operate under the supervision of the Fire Chief of the Hagerstown Fire Department. Assisting the Fire Chief shall be the Fire Marshal, who shall be the administrator of the Hagerstown City Fire Marshal's Office and have responsibility for the overall activities of the Fire Marshal's Office.

C. The Hagerstown City Fire Marshal's Office shall consist of the Fire Marshal and such additional members, not to exceed six in number, as may be appointed by the Fire Chief on the basis of examination and/or other accepted qualifications methods and procedures as may be determined. Unless otherwise noted, those individuals shall be designated as Deputy Fire Marshals.

[Amended 10-23-2007 by Ord. No. O-07-22]

D. The Hagerstown City Fire Marshal's Office shall enforce all laws and ordinances of the City of Hagerstown and State of Maryland pertaining to:

(1) The prevention of fire;

(2) The storage, sale and use of any explosive, combustible or other dangerous article, in solid, liquid or gas form;

(3) The installation and maintenance of equipment of all sorts intended for fire control, detection and extinguishment;

(4) The means and adequacy of exits in case of fire, from buildings and all other places in which people work, live or congregate from time to time for any purpose, except buildings used wholly as a dwelling house containing no more than two families;

(5) The investigation of the origin, cause and circumstances of fire; and

(6) The suppression of arson.

E. Personnel assigned to the Hagerstown City Fire Marshal's Office shall take the oath of office prescribed for a police officer of the City of Hagerstown, and shall be issued appropriate credentials and equipment by the Chief of Police of the City of Hagerstown upon successful completion of the minimum standards training program conducted by the Maryland Police Training Commission.

F. If, after conducting a lawful investigation, a Fire Marshal or Deputy Fire Marshal of the Hagerstown City Fire Marshal's Office has probable cause to believe that a person(s) has committed or attempted to commit a crime involving a fire, fire bombing or false alarm or involving the possession or manufacture of explosive devices or substances, fireworks or fire bombs as set out at length in the Criminal Law Article of the Annotated Code of Maryland, the City Fire Marshal or his deputies may arrest that person or cause him to be arrested and charged with the crime, in accordance with the appropriate procedures provided by law.

[Amended 9-27-2005 by Ord. No. O-05-21; 10-23-2007 by Ord. No. O-07-22]

G. The Fire Marshal shall inspect or cause to be inspected all public properties on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.

H. The provisions of the Fire Prevention Code of the City of Hagerstown, Maryland, shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified.