POWERS and DUTIES
| Public Safety ARTICLE, Title 6. State Fire Prevention Commission and State Fire Marshal | |||
| SUBTITLE 3. STATE FIRE MARSHAL | |||
| 6-301. | Office Established | 6-312. | Written Reports of Investigations |
| 6-302. | State Fire Marshal | 6-313. | Chimney Fire Reports |
| 6-303. | Staff | 6-314. | Reports of Losses by Insurers |
| 6-304. | Assistant and Special Assistant State Fire Marshals | 6-315. | Administrative Search Warrants - For Fire Investigations |
| 6-305. | General Powers and Duties of State Fire Marshal | 6-316. | Administrative Search Warrants - For Fire Prevention Inspections |
| 6-306. | Criminal History Records Check of Firefighters, Rescue Squad Members, and Paramedics | 6-317. | Maintenance of Fire Hazard Prohibited |
| 6-307. | Inspections | 6-318. | Abatement Orders - In General |
| 6-308. | Fees | 6-319. | Abatement Orders - Service of Order |
| 6-309. | Investigations | 6-320. | Abatement Orders - Failure to Comply with Order |
| 6-310. | Testimony | 6-321. | Additional Remedies |
| 6-311. | Arrests | 6-322. | Authority of Secretary |
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§ 6-301. Office Established. |
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There is an office of State Fire Marshal in the Department. |
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[An. Code 1957, art. 38A, § 7(a)(1); 2003, ch. 5, § 2.] |
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§ 6-302. State Fire Marshal. |
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(a) Appointment.- The Secretary shall appoint a State Fire Marshal from a list of three names submitted by the Commission. |
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(b) Qualifications.- The State Fire Marshal shall: |
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(c) Term.- The State Fire Marshal serves for a term of 6 years. |
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(d) Executive service.- The State Fire Marshal is in the executive service of the State Personnel Management System. |
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(e) Removal.- |
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(f) Salary.- The State Fire Marshal is entitled to the salary provided in the State budget. |
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[An. Code 1957, art. 38A, § 7(a)(2); 2003, ch. 5, § 2.] |
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§ 6-303. Staff. |
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(a) In general.- The State Fire Marshal may employ a staff in accordance with the State budget. |
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(b) Deputy State fire marshals.- |
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(c) Civilian employees.- |
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[An. Code 1957, art. 38A, § 7(d); 2003, ch. 5, § 2.] |
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§ 6-304. Assistant and special assistant State fire marshals. |
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(a) Assistant State fire marshals - In general.- |
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(b) Same - Minimum qualifications.- |
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(c) Special assistant State fire marshals.- |
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(d) Removal.- The Commission may remove an assistant or special assistant State fire marshal for just cause by a majority decision: |
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[An. Code 1957, art. 38A, § 7(c); 2003, ch. 5, § 2.] |
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§ 6-305. General powers and duties of State Fire Marshal. |
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(a) Enforcement of laws and regulations.- The State Fire Marshal shall enforce: |
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(b) Implementation of fire safety programs.- By delegation of authority vested in the Commission and within policy established by the Commission, the State Fire Marshal shall implement fire safety programs in the State to minimize fire hazards and disasters and loss of life and property from these causes, including: |
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(c) Assistance in fire prevention matters.- On request, the State Fire Marshal shall assist in fire prevention matters: |
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(d) Fire safety and emergency evacuation procedures for State property.- |
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(e) Issuance of permits and licenses.- The State Fire Marshal may issue permits and licenses as required under this article. |
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(f) Disposal of hazardous devices and substances.- On request, the State Fire Marshal may assist police and fire authorities to dispose of hazardous devices and substances. |
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[An. Code 1957, art. 38A, §§ 7(b), 8(a)-(c), (k), (n), 33; 2003, ch. 5, § 2.] |
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§ 6-306. Criminal history records check of firefighters, rescue squad members, and paramedics. |
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(a) Request for criminal history records check.- |
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(b) Applicant to provide fingerprints.- |
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(c) Conviction and arrest records.- A fire department or rescue squad operated by the State or a political subdivision of the State or a volunteer fire company or rescue squad may obtain conviction and arrest records produced by a criminal history records check based on a classifiable set of fingerprints. |
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(d) Consideration of conviction.- A volunteer or career fire company or rescue squad may consider the existence of a criminal conviction in determining whether to employ or appoint an applicant. |
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[An. Code 1957, art. 38A, § 7A; 2003, ch. 5, § 2.] |
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§ 6-307. Inspections. |
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(a) Duty to inspect public buildings.- |
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(b) Authority to conduct inspections as necessary.- |
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(c) Prior notice prohibited.- An individual, including an employee of the State Fire Marshal, may not give prior notice of an inspection authorized under this subtitle without the written approval of the State Fire Marshal or designee of the State Fire Marshal. |
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(d) Inspection of place of employment.- |
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(e) Protection of trade secrets.- |
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[An. Code 1957, art. 38A, § 8(d), (e); 2003, ch. 5, § 2.] |
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§ 6-308. Fees. |
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(a) For inspections.- |
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(b) For plan review.- |
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(c) Disposition of fees.- The State Fire Marshal shall: |
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[An. Code 1957, art. 38A, §§ 8(m), 8C; 2003, ch. 5, § 2.] |
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§ 6-309. Investigations. |
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(a) Power to investigate fires and explosions.- At any time, the State Fire Marshal may investigate the origin or circumstances of a fire or explosion or an attempt to cause a fire or explosion that occurs in the State. |
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(b) Entry into buildings and premises.- At any time, the State Fire Marshal: |
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[An. Code 1957, art. 38A, § 8(f); 2003, ch. 5, § 2.] |
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§ 6-310. Testimony. |
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(a) In general.- |
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(b) Witnesses, subpoenas, and oaths.- The State Fire Marshal may: |
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(c) Perjury.- A person who testifies falsely under oath in a matter or proceeding of the State Fire Marshal under this subtitle is guilty of perjury and on conviction is subject to the penalties for perjury. |
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[An. Code 1957, art. 38A, § 8(g)(1), (h); 2003, ch. 5, § 2.] |
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§ 6-311. Arrests. |
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(a) Fire or explosion of incendiary origin or related to destructive device.- If in the judgment of the State Fire Marshal testimony taken under oath discloses that a fire or explosion or an attempt to cause a fire or explosion was of incendiary origin or was related to a destructive device, as defined in § 4-501 of the Criminal Law Article, the State Fire Marshal may arrest the suspected incendiary or cause the suspected incendiary to be arrested and charged. |
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(b) Other crimes.- If on investigation the State Fire Marshal has probable cause to believe that a person has committed or has attempted to commit a crime that involves a fire, fire bombing, or false alarm, or that involves the possession or manufacture of destructive devices or explosive substances, fireworks, or fire bombs, the State Fire Marshal may arrest that person or cause the person to be arrested and charged. |
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[An. Code 1957, art. 38A, § 8(g); 2003, ch. 5, § 2.] |
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§ 6-312. Written reports of investigations. |
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(a) Requested by local government.- At the request of the governing body of a county or municipal corporation of the State, the State Fire Marshal shall make a written report of the investigation of a fire that occurred within that county or municipal corporation. |
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(b) Requested by property owner or insurer.- At the request of the owner or insurer of property destroyed or damaged by fire or explosion, or in which an attempt to cause a fire or explosion may have occurred, the State Fire Marshal shall make a written report of the result of the investigation regarding the property. |
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[An. Code 1957, art. 38A, § 8(i), (j); 2003, ch. 5, § 2.] |
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§ 6-313. Chimney fire reports. |
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(a) In general.- On determining that a chimney contributed to causing a fire, the State Fire Marshal or the local authority with jurisdiction over fire investigations shall file with the State Fire Marshal a report that identifies the chimney as: |
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(b) Repository of reports.- The State Fire Marshal shall establish and maintain a repository of reports filed in accordance with subsection (a) of this section. |
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[An. Code 1957, art. 38A, §§ 8(l), 14B; 2003, ch. 5, § 2.] |
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§ 6-314. Reports of losses by insurers. |
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(a) In general.- Within 10 days after the adjustment of a loss from a fire in excess of $5,000 damage sustained by an insurer doing business in the State, the insurer shall report to the State Fire Marshal, on a form provided by the State Fire Marshal, the information that the State Fire Marshal considers necessary. |
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(b) Report additional to information required by Insurance Commissioner.- The report required under subsection (a) of this section is in addition to any information required by the Insurance Commissioner. |
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[An. Code 1957, art. 38A, § 8(j); 2003, ch. 5, § 2.] |
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§ 6-315. Administrative search warrants - For fire investigations. |
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(a) Application for warrant - In general.- The State Fire Marshal, a designee of the State Fire Marshal, a full-time fire investigator who is a member of a fire department, or a police officer may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a vehicle, building, or premises where a fire has occurred to conduct a search to determine the cause and origin of the fire. |
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(b) Same - Form and contents.- An application under subsection (a) of this section shall: |
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(c) Issuance of warrant.- A judge of the District Court or a circuit court may issue the warrant on finding that: |
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(d) Contents of warrant; scope of search.- |
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(e) Execution and return.- An administrative search warrant issued under this section shall be executed and returned to the judge who issued it within: |
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[An. Code 1957, art. 38A, § 8A; 2003, ch. 5, § 2.] |
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§ 6-316. Same - For fire prevention inspections. |
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(a) Application for warrant - In general.- The State Fire Marshal, a designee of the State Fire Marshal, or a full-time fire prevention inspector who is employed by a fire department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a building or premises to conduct a fire prevention inspection. |
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(b) Same - Form and contents.- An application under subsection (a) of this section shall: |
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(c) Issuance of warrant.- A judge of the District Court or a circuit court may issue the warrant on finding that: |
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(d) Contents of warrant; scope of search.- |
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(e) Execution and return.- An administrative search warrant issued under this section shall be executed and returned to the judge who issued it within: |
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(f) Information obtained confidential.- Information obtained in accordance with an administrative search warrant under this section is confidential and may not be disclosed except: |
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[An. Code 1957, art. 38A, § 8B; 2003, ch. 5, § 2.] |
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§ 6-317. Maintenance of fire hazard prohibited. |
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(a) In general.- A person may not erect, construct, reconstruct, alter, maintain, or use a building, structure, or equipment or use land: |
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(b) Separate offenses.- Each day on which a violation of this section continues after knowledge or official notice of the violation is a separate offense. |
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[An. Code 1957, art. 38A, §§ 9(a), 13(b); 2003, ch. 5, § 2.] |
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§ 6-318. Abatement orders - In general. |
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(a) Authority to issue.- The State Fire Marshal may issue a reasonable abatement order if the State Fire Marshal: |
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(b) Form and contents.- An abatement order under this section shall: |
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(c) Relief.- The abatement order may order: |
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[An. Code 1957, art. 38A, §§ 9(b), 10; 2003, ch. 5, § 2.] |
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§ 6-319. Same - Service of order. |
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(a) On occupant.- An abatement order directed to the occupant of the premises shall be served within 5 days after the order is issued: |
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(b) On owner.- An abatement order directed to the owner of the premises shall be served within 5 days after the order is issued: |
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[An. Code 1957, art. 38A, § 10; 2003, ch. 5, § 2.] |
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§ 6-320. Same - Failure to comply with order. |
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(a) Authority of State Fire Marshal to abate at expense of owner or occupant.- If an owner or occupant of a building, structure, or premises who is served with a copy of an abatement order in accordance with § 6-319 of this subtitle fails to comply with the order within 30 days after the order is issued, or within 30 days after a court's affirmation of the order becomes final, the State Fire Marshal: |
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(b) Suit to recover expenses.- If the owner or occupant fails to reimburse the State Fire Marshal for the expenses incurred by the State Fire Marshal under subsection (a) of this section within 30 days after written demand is mailed to the owner or occupant at the owner's or occupant's last known address, the State Fire Marshal may sue in the name of the State to recover the expenses, with interest, in a court of competent jurisdiction. |
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(c) Cooperation by county or municipal corporation.- |
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[An. Code 1957, art. 38A, § 11; 2003, ch. 5, § 2.] |
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§ 6-321. Additional remedies. |
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If a building, structure, or equipment is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used, or if land is or is proposed to be used in a way that endangers life or property due to the hazards of fire or explosion or in violation of this article or of any regulation adopted by the Commission under this article, the Commission, State Fire Marshal, or Attorney General may, in addition to other remedies provided by law, file an action for injunction, mandamus, or abatement or any other appropriate action to prevent, enjoin, abate, or remove the unlawful erection, construction, reconstruction, alteration, maintenance, or use. |
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[An. Code 1957, art. 38A, § 12; 2003, ch. 5, § 2.] |
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§ 6-322. Authority of Secretary. |
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The exercise of all powers and authority and the performance of all duties and functions vested in the State Fire Marshal under this article are subject to the powers and authority of the Secretary set forth in Title 2 of this article or elsewhere in State law. |
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[An. Code 1957, art. 38A, § 2(c); 2003, ch. 5, § 2.] |
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