Chapter 22. Fire Safety Code

The purpose and the intent of this Chapter is to prescribe minimum requirements and controls to safeguard life, property, and the public welfare from the hazards of fire and explosion arising from the improper storage, handling, or use of substances, materials, or devices and from conditions hazardous to life, property, and the public welfare in the use or occupancy of buildings, structures, or premises.

Where no specific standard or requirement is specified in this Chapter, or any other applicable law or regulation, compliance with applicable standards of the National Fire Protection Association (NFPA), International Code Council (ICC), American Insurance Association (AIA), or any other nationally recognized fire safety standard approved by the Director of Permitting Services is prima facie evidence of compliance with this Chapter.

This Chapter applies to existing conditions and to conditions arising after this Chapter was adopted. However, a condition legally existing when this Chapter was adopted, but not in strict compliance with this Chapter, may continue only if the Director finds that the condition is not a distinct hazard to life or property.

The provisions of this chapter shall apply to all buildings, structures, areas, or premises within the county which are owned or occupied by any agency of Montgomery County government, Montgomery County public schools or Montgomery College, even though such building, structure, area, or premises is located within a municipality otherwise exempt from this chapter.

The provisions of this chapter shall not apply to any building, area or premises within the county which is owned by any department or agency of the government of the United States or the state.

Nothing in this chapter limits the authority of any individual who has been appointed an assistant State fire marshal or special assistant state fire marshal in accordance with the Public Safety Article of the Maryland Code, or the authority granted by other laws or codes.

This Chapter does not render any other applicable law or regulation invalid. If a conflict arises between this Chapter and another law or regulation, the fire marshal and the head of the agency responsible for enforcing the conflicting law or regulation must agree which applies. If they cannot agree, any remaining conflict must be referred to the Director. The decision of the Director in any matter relating to fire safety in or for any building, structure, area, or premises is final. Within 30 days after any remaining conflict has been resolved, the Director and the head of the agency responsible for enforcing the conflicting law or regulation must forward to the County Executive a joint proposal to amend a law or regulation to eliminate the conflict.

The planning, design and construction of new buildings and structures to provide the necessary egress facilities, fire protection and built-in fire protection equipment shall be controlled by the applicable building code and any alterations, additions or changes in buildings required by the provisions of this code which are within the scope of the building code shall be made in accordance therewith.

Except for maintenance of fire safety features and items specifically required by this chapter, whenever the fire official finds conditions that may be in violation of the building code, he shall notify the building official who shall inspect the premises and, if a violation exists, shall require abatement of the conditions to comply with the building code.

The Director, in accordance with Chapter 8, may recommend a waiver of an examination of plans for the erection or alteration of a building which involve structural work or structural changes affecting public safety or health if:

The Director may waive all or part of the regular field inspection of construction if the architect or engineer certifies to the Director that:

The Director may waive any final inspection required under this Chapter which relates to the issuance of a certificate of use and occupancy if the registered engineer or architect who supervised the construction or reconstruction of the building certifies to the Director under oath that:

The Director may grant a waiver related to plan review under subsection (a) if the waiver is warranted in light of subsection (a) and:

The Director may grant a waiver related to construction inspection, and use and occupancy inspection under subsections (b) and (c), if the waiver is warranted in light of subsections (b) and (c) and:

The Director must issue a decision on a request for a waiver under subsections (a), (b), and (c), within 10 days after receiving the request. The Director has complete discretion to approve or reject a waiver. The decision of the Director is final, and no appeal may be taken. If the Director grants a waiver, the Director must find in writing that the waiver complies with subsection (d) or (e), as applicable.

The Director may grant a waiver under this Section only to the extent permitted under State and local law.

Authority of Fire Chief and Director of Permitting Services generally. The Fire Chief and the Director of the Department of Permitting Services must administer this Chapter. The Fire Chief and the Director of Permitting Services must perform the respective duty or duties assigned under this Chapter or any other applicable law. The Fire Chief and the Director of Permitting Services may delegate any power or duty under this Chapter to any other County employee.

Authority of Fire Chief in emergencies. In an emergency where the Fire Chief finds that life or property is in immediate danger of fire, the Fire Chief may take any action necessary to protect life or property.

Enforcement assistance. Police and any other authorized agency must provide necessary assistance to enforce this Chapter when the Fire Chief or the Director of Permitting Services so requests.

Fire Code Compliance. The Department of Permitting Services may enforce all County laws and regulations on:

Authorization for requirement changes. A fire safety requirement proposed for imposition during the course of building construction that would change or substitute a material, feature, construction method, or any other aspect of construction different from the original or amended subdivision, site, or construction plans and specifications, as approved by the Director must only be imposed if the Director finds that the change or substitution is necessary to avoid a specific and demonstrable threat to public safety. The Director must provide a copy of the finding to the affected person and to the public on request.

Fire and explosive investigation section. The Fire Chief may organize and supervise a Fire and Explosive Investigation Section in the Fire and Rescue Service to investigate the cause and origin of any fire. The Fire Chief may ask the State fire marshal to appoint one or more qualified employees of the Fire and Rescue Service to serve as a special assistant State fire marshal.

Generally.

Impersonation of officials. It shall be unlawful for any unauthorized person to use a badge, uniform or other credentials so as to impersonate a fire official for the purposes of gaining access to any building, vessel, vehicle or premises in this jurisdiction.

Implied consent. Any application for, or acceptance of, any permit or license requested or issued pursuant to this code constitutes agreement and consent by the person making application or accepting the permit to allow fire officials to enter the premises to conduct such inspections as required to enforce this code.

The Division of Fire and Rescue Operations and any local fire and rescue department must report each incident involving the delivery of, or a request to deliver, fire, rescue or emergency medical services, to the Fire and Rescue Service in a manner prescribed by the Fire Chief. Each report must include:

The Fire Chief, or the Fire Chief’s designee, is the custodian of each report submitted under this Section.

A local fire and rescue department need not maintain any report after it is submitted under this Section.

Authority of Fire Chief generally. The Fire Chief has the authority to investigate the cause, origin and circumstances of every fire, explosion or other emergency in which the fire department has a reasonable interest or is called for assistance, including inspection of any document pertinent to the investigation. When the Fire Chief has reason to believe that a fire or explosion may be the result of a violation of any law, he or she must immediately take custody of and safeguard all physical evidence in connection therewith and has the authority to prohibit the disturbance or removal of any material, substance, device or utility in or upon any building or property wherein or whereon a fire or explosion has occurred until the investigation of the fire is complete and to take such photographs and statements and make such drawings as he may deem necessary.

Authority of Fire Chief to enter and examine. The Fire Chief has the authority at all times, in performance of the duties imposed by the provisions of this chapter, to enter upon and examine any building or premises, vehicle or thing where any fires or attempts to cause fires have occurred, or which at the time may be burning, and also the power to enter upon at any time any building or property adjacent to that in which the fire or attempt to cause fires has occurred, should he or she deem it necessary in the proper discharge of his or her duties; and he or she may, in the exercise of his or her discretion, take full control and custody of such buildings and premises, and place such person in charge thereof as he or she may deem proper, until his or her examination and investigation is completed.

Testimony; arrests. The Fire Chief, in making this inspection or investigation, may, when in his or her judgment necessary, take the testimony on oath of all persons supposed to be cognizant of any facts, or to have the means or knowledge in relation to the matter herein required to be examined and inquired into, and to cause the testimony to be reduced to writing; and when, in his or her judgment, the examination discloses that the fire or explosion or attempt to cause a fire or explosion was of incendiary origin, the Fire Chief must notify the appropriate authorities and must transmit a copy of the testimony so taken to the state’s attorney for the county or city wherein the fire or explosion or attempt to cause a fire or explosion occurred.

Witnesses; production of documents; oaths. The Fire Chief has the power to summon witnesses and to compel their attendance before him or her to testify in relation to any matter which is, by the provision of this chapter, a subject of inquiry and investigation by the Fire Chief, and also has the power to cause to be produced before him or her such papers as he or she may require in making such examination. The Fire Chief is authorized to administer oaths and affirmations to persons appearing as witnesses before him or her.

Interference with Fire Chief; failure to appear, produce documents, etc. Any person who interferes with the Fire Chief in the performance of his or her duties under this section, or who fails to appear when summoned, or fails to provide such documents and records as are summoned or who fails to testify when requested is guilty of a misdemeanor and, upon conviction thereof, is subject to the penalty section of the chapter.

Legal effect; transfer. A permit shall constitute permission to maintain, store, use or handle materials or to conduct processes which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Such permit shall not take the place of any license required by law. A permit issued under this Chapter shall continue until revoked or for such a period of time as designated therein at the time of issuance. It shall not be transferable and any change in use, occupancy, location, operation or ownership shall require a new permit.

Application for permit. Each application for a permit required by this Chapter must be made to the Department of Permitting Services in the form prescribed. Each application must be accompanied by any plans, specifications, or details required by the Director.

Inspection before issuance of permit. Before a permit may be issued, the Director may inspect and approve any receptacle, vehicle, building, device, premises, storage space, or area to be used.

Display of permits. A copy of the permit must be posted at each place of operation or carried by the permit holder as specified by the Director.

More than one (1) permit for the same location. Whenever, under the provisions of this Chapter, more than one (1) permit or certificate is required for the same location, such permits or certificates may be consolidated into a single permit or certificate.

Compliance required. All permits or certificates issued under this Chapter shall be presumed to contain the proviso that the applicant, his agents and employees shall carry out the proposed activity in compliance with all the requirements of this Chapter and any other laws or regulations applicable thereto, whether specified or not and in complete accordance with the approved plans and specifications. Any permit or certificate which purports to sanction a violation of this Chapter or any applicable law or regulation shall be void and any approval of plans and specifications in the issuance of such permit shall likewise be void.

Revocation. Any permit or certificate issued under this Chapter may be suspended or revoked if the Director finds that:

Authority to require exposure or stop work.

Any person who sells, offers for sale, installs, operates, maintains or uses any appliance, device, equipment, system or process which requires a permit, approval or certificate and has not obtained the same shall be guilty of a misdemeanor.

Any person who stores, handles or uses any materials for which a permit is required and who has not obtained the same shall be guilty of a misdemeanor.

The Director may recommend, and the Executive may adopt, under method (2) of section 2A-15 of this Code, written regulations for the administration of the provisions of this chapter including a schedule of fees and hold public hearings as part of this regulation- making process. Such regulations and amendments thereto must not conflict with nor waive any provisions of this chapter nor be less restrictive than its provisions. In the case of fees, the County Executive must promptly forward to the county council a copy of the new fee schedule for use in budgetary planning activities. Such fees must be in accordance with formulas based upon criteria to include area or estimated cost of construction, or cost of inspection and processing or a minimal set fee per category, not to exceed the cost of administering and enforcing this code.

The Director must hold public hearings, upon adequate public notice of not less than thirty (30) days, before forwarding his or her recommendations for regulations setting forth the standards and requirements for controlling the hazards of fire and explosion from improper storage, handling or use of substances, materials or devices and for controlling the hazardous use of property.

The Director must prepare informational material designed to provide the public and prospective developers with a clear understanding of the procedures to be followed in securing approval of fire safety aspects of construction or rehabilitation projects. This information must be transmitted to the department or office responsible for the compilation and publication of the development manual required in subsection (d)(2) of section 2-27A for integration into such manual. Further, the Director must assure that all proposed regulatory and procedural changes regarding fire safety requirements are made available to the responsible department or office for inclusion in the agenda of regulatory change called for in subsection (d)(4) of section 2-27A. Furthermore, all significant interpretations of fire safety code provisions and all general waivers or precedent-setting waivers to such code provisions must be similarly forwarded to the responsible department or office in standardized format for circulation to users of the development manual.

The Director is authorized and directed to designate a staff member(s) or a unit within the Department of Permitting Services to be responsible for providing information required herein to the public and to maintain a continuing liaison with industry representatives and other governmental agencies regulating or monitoring housing construction and occupancy.

Generally. Whenever the Director, or other authorized fire official, finds any structure or upon any premises dangerous or hazardous conditions or materials as follows, the Director must order such dangerous conditions or materials to be removed or remedied in accordance with the provisions of this code:

Notice to repair, alter, etc.; condemnation tags. Whenever the Director deems any chimney, smoke stack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto or anything regulated under provisions of this code in or upon any building, structure or premise to be defective or unsafe so as to create an immediate hazard, he or she must serve upon the owner or the person having control of the property written notice to repair or alter as necessary and must notify any other authority enforcing codes regulating such equipment. He or she may affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag may be removed only by the order of the Director and may be removed only when the hazard to which the order pertains has been eliminated in an approved manner. Until removed, that item or device which has caused the hazard must not be used or permitted to be used.

Generally. A person has committed a Class A violation if that person violates, permits a violation of, or does not comply with:

Orders or notices.

Unauthorized tag removal. A person has committed a Class A violation if that person:

The fire official conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency shall have full power and authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property and prevent further injury or damage. In the pursuit of such operation, including the investigation of the cause of such emergency, the fire official may control or prohibit the approach to the scene of such emergency by any vehicle, vessel or thing and all persons not actually employed in the extinguishment of such fire or involved in other actions germane to the emergency.

Any person who obstructs the operations of the fire department in connection with extinguishing any fire, or actions relative to other emergencies, or disobeys any lawful command of the fire official in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department, shall be in violation of this code and subject to the penalties established by law.

When, in the opinion of the Director, there is actual danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions or inadequacy of any exitway, the presence of explosives, explosive fumes or vapors, flammable liquids, vapors, gas or the presence of toxic fumes, gases or materials, the Director may order the immediate evacuation of such building, structure or premises. All of the occupants so notified shall immediately leave the building, structure or premises and no one shall enter or re-enter until authorized to do so by the Director.

Any person who shall refuse to leave, interfere with the evacuation of other occupants or continue any operation after having been given an evacuation order except such work as he is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor.

Any person aggrieved by the issuance, denial, renewal, amendment, suspension, or revocation of a permit, license, or certificate under this Chapter may appeal to the County Board of Appeals within 10 days after the permit, license, or certificate is issued, denied, renewed, amended, suspended, or revoked. After notice and hearing, the Board may affirm, modify, or reverse the action taken.

If a party is aggrieved by a final decision of the Board under this Chapter, the party may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

Unless the court reviewing the Board’s decision orders a stay, the decision remains in effect until a final decision of the court.

The Director must designate in writing a qualified individual to serve as the County Fire Marshal. Under State law, the County Fire Marshal serves as an assistant State fire marshal to enforce State fire prevention laws. The Director must appoint fire code inspectors to assist the Fire Marshal in performing the Fire Marshal’s duties. The County Fire Marshal may ask the State fire marshal to appoint one or more qualified employees of the Department of Permitting Services to serve as an assistant State fire marshal.

The County Fire Marshal must inspect all buildings and premises in the County as often as necessary for compliance with the State Fire Prevention Code, the County Fire Safety Code (this Chapter), and any other applicable fire safety law or regulation, and to require correction of any other condition that the Fire Marshal determines unreasonably creates or would promote a hazardous condition. When the Fire Marshal sets a deadline for correction of a serious violation or other hazardous condition, the Fire Marshal should re-inspect the building or premises promptly after the deadline. The Fire Marshal may require a responsible party to provide, at the party’s own expense, certification by a qualified private fire protection engineer that the hazard was corrected on or before the deadline.

In addition to any other inspection authority, the County Fire Marshal may, under State law, inspect any State, County, or municipally owned institutions, and any school, theater, church, or other place of public assembly.

No officer, agent or employee of the county or municipality charged with enforcement of the fire safety code shall be personally liable for any damage that may occur to persons or properties as a result of any act required or permitted under this code or as a result of the institution or assistance in the prosecution of a criminal proceeding under this code, if he is acting within the scope of his authority and without malice. Any suit brought against any officer, agent or employee of the county or municipality, as a result of any act required or permitted in the discharge of his duties under this code, shall be defended by the proceedings therein.

The county or municipality shall not be liable under this code for any damage to persons or property, if any, by reason of the inspection or reinspection of buildings and structures authorized hereunder, or failure to inspect or reinspect such buildings, or by reason of any permit issued hereunder or the approval or disapproval of any equipment issued hereunder or the approval or disapproval of any equipment authorized herein.

Acceptance tests generally. It shall be unlawful to occupy any building, structure or any portion thereof until all required fire protection systems have been tested, accepted and approved by the appropriate county official.

Expenses. Inspection and tests of fire suppression, alarm detection and any other fire protection systems, devices and equipment shall be conducted by and at the expense and risk of the owner or his authorized representative.

Notification of central communications center. When testing any suppression system, standpipe or fire alarm system which is connected to a central supervisory station or directly to the fire department, notification shall be given to the central fire communications center before initiation of the test.

Frequency. The test pipe at the top of all suppression systems shall be operated at least once a year to determine that there is free flow at adequate pressure and that the supervisory service, if any exists is operating properly. Auxiliary systems which are supplied from a domestic water source and which are not required to provide a test line may be exempt from the requirements of this section.

Fire pumps. All fire pumps that automatically supply water to suppression systems and standpipes shall be operated periodically and at least once every thirty (30) days, until water is discharged freely from the relief valve.

Fire alarm systems (manual pull stations). All interior fire alarm signal systems within all buildings shall be tested monthly. The use of the system for fire drill purposes shall be accepted as a test of only those parts of the system actually used in the drill procedure. Accurate logs shall be maintained on the premises indicating box number, location, date and type of device tested. Any defect, modification or repair shall be logged, and the log shall be available to the Director.

Fire alarms (automatically activated). Automatic fire alarms, fire detecting devices and all alarms which monitor control valves and flow switches for fire protection and fire alarm equipment, and which transmit a signal to a central supervisory station must be tested at least once a year. Notification shall be given as required under subsection (c) of this section.

Fire safety devices. Special fire safety devices including automatic smoke venting equipment, emergency generators and any other special fire safety equipment required to be installed in any building, structure or premises shall be tested by the owner or his authorized representative as prescribed by the Director.

Test records. A complete written record of all tests and inspections required under this chapter shall be maintained on the premises by the owner or occupant in charge of said premises, and all such records shall be submitted to the Director when requested for his inspection and evaluation.

Marking of fire equipment controls. All controls or disconnects for fire pumps shall be clearly identified by red marking with the words, "Fire Pump," in white letters.

All fire protection systems, fire alarm systems, fire detection systems, fire and smoke ventilation systems, fixed fire communications systems, emergency lighting systems, devices or units which were installed in compliance with any permit or order, or because of any law or order, or because of any regulation or ordinance, shall be maintained in an operative condition at all times, and it shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required; except, that this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make tests, repairs, alterations or additions. Except for household fire warning systems, the central fire communications center shall be notified before any disconnection or interruption of protection, tests, repairs, alterations or additions are started, and shall be advised of the extent of and the reason for such work. The restoration of the protection shall be diligently prosecuted, and the central fire communications center shall be notified immediately when service is restored.

When any required fire alarm, fire communication, fire extinguishing, fire detecting, first aid fire fighting system, device or unit, or part thereof becomes inoperative, the Director may order said building or structure or portion thereof vacated until such inoperative system, device or unit is repaired and returned to full service. The Director may permit the building or structure or portion thereof to be occupied when he finds that suitable alternative protective measures are provided.

Definitions.

Required. A person, directly or through an agent, must not sell, offer for sale, lease or install any type of fire detection system or device until the Director of Permitting Services has issued the certificate of approval or permit required by this Section.

Certificate of approval for devices. Application for a certificate of approval must be in a form specified by the Director of Permitting Services. The applicant must supply complete copies of the report of any nationally recognized testing laboratories which have examined the fire detection device.

Permit for installation of system. Before any fire detection system is installed, the agent, contractor or installer must apply to the Director of Permitting Services for a permit. Two complete sets of drawings and specifications must accompany the permit application. This permit is in addition to any other permit required by law. A single permit may be issued for multiple dwelling units for new construction if similar household fire detection systems are being installed in more than one dwelling unit under the control of a single owner, developer or manager. Any variation in floor plan, number of detectors or model number of components must be specified on the permit application.

Permit for connection of system. When the Director of Permitting Services has issued a permit to install a fire alarm system, and if the system requires connection to a source of energy which is regulated under the County electrical code, a permit for the necessary connection must be obtained from the Department of Permitting Services.

Generally. All occupancies containing cooking equipment in commercial, industrial, institutional, assembly and similar cooking applications other than installations for residential single family use shall:

Installation of automatic fire extinguishing systems. The system shall be installed by a contractor who has been certified by the manufacturer as competent to install the equipment. Such certification shall be provided to the Director.

Plans and specifications. Working plans and specifications shall be submitted to the Director for review and approval prior to installation. The plans shall include:

Inspection.

Cleaning. All ducts, hoods, and grease collection equipment shall be cleaned not less than four (4) times each year.

All premises where buildings or portions of buildings other than one- and two-family dwellings are constructed and located in such a manner that access to public fire hydrants is minimal or of a distance such that the Director feels fire fighting operations would be impaired shall be provided with approved fire hydrants connected to a water supply system capable of supplying the water flow required by the Director. The location of these hydrants shall be as specified by the Director. Paved access to fire hydrants shall be provided and maintained to accommodate fire apparatus.

All premises where buildings or portions of buildings other than one- and two-family dwellings are constructed and located more than three hundred (300) feet from a public street providing access to such premises shall be provided, as may be required by the Director, with approved fire hydrants connected to a water system capable of supplying the water flow required by the Director. The location of such hydrants shall be as designated by the Director. Access to fire hydrants shall be provided and maintained to accommodate fire fighting apparatus.

All flammable and combustible liquid tank farms, lumber yards, amusement parks and similar occupancies where combustible or flammable storage or structures are located more than three hundred (300) feet from public fire hydrants shall be provided as may be required by the Director with approved fire hydrants connected to a water system capable of supplying the water flow required by the Director. The location of such hydrants shall be as designated by the Director. Suitable access to fire hydrants shall be provided and maintained to accommodate fire fighting apparatus.

Supplemental water supply facilities shall be provided in those cases where the water supply obtainable from the public water supply system is insufficient to meet code requirements. The Director may establish water supply requirements in those cases where specific provisions are not provided for in this code.

All premises which the fire department may be called upon to protect in case of fire and which are not readily accessible from public roads, shall be provided with suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus.

Private roads or fire lanes shall be provided for all buildings which are set back more than one hundred fifty (150) feet from a public road or exceed thirty (30) feet in height and are set back over fifty (50) feet from a public road.

All buildings, parts of buildings, or other obstructions extending over access driveways shall have not less than twelve (12) feet vertical clearance from the finished driveway surface.

When any portion of the first story of any building is more than three hundred (300) feet from a public street, or accessway, one (1) of the following shall be provided:

The provisions of subsection (b) of this section shall not apply to buildings that were erected prior to the effective date of this section.

Group L-3 occupancies, as specified in chapter 8 of the County Code when such occupancies are not physically attached and contain two (2) living units or less in a building, may be exempt from the provisions of this section.

If the fire official finds a private entrance or exit sidewalk or vehicular driveway or interior private driveway or sidewalk obstructed by snow, debris, construction material, vehicles or other matter liable to interfere with the ingress or the operation of fire departments or other emergency vehicles in case of fire, the fire official must order the obstructions removed.

Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, no person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers in or on a fire lane.

In any prosecution charging a violation of any provision of the preceding subsections of this chapter the provisions of section 31-32 shall apply.

In the event of a violation of any of the provisions of the preceding subsections of this chapter the provisions of section 31-33 shall apply.

No person shall keep, place or store or permit to be placed, kept or stored any equipment, material or thing in or on a fire lane or otherwise obstruct or reduce the effective width of any fire lane. Persons violating this subsection shall be subject to the penalty section of this chapter.

No person shall place, erect or maintain any sign for control of parking or traffic which includes the words, “Fire Lane,” unless such sign has been ordered by the County Executive, the Director or their designees.

Any police officer or fire official or County employee specifically designated by the executive finding a vehicle or trailer parked in violation of this chapter must attach to such vehicle or trailer a notice to the owner and operator that such vehicle or trailer has been parked in violation of this chapter and instructing the owner and operator, or either of them, to report to the nearest commissioner of district court for Montgomery County within fifteen (15) days of the time when such notice was so attached to such vehicle or to pay to the department of finance as a penalty and in full satisfaction of such violation the sum of ten dollars ($10.00) or as otherwise set by the executive with the approval of the county council.

It shall be unlawful to deliberately operate, trip or use any installed fire extinguishing system for purposes other than emergencies, maintenance or proscribed testing.

It shall be unlawful to tamper with or render inoperative any fire warning system.

It shall be unlawful to activate any installed fire warning system for purposes other than emergencies, maintenance, drills or periodic testing.

It shall be unlawful to use, tamper with or render inoperative any portable fire extinguisher other than during emergencies, maintenance, drills or testing.

No person shall molest, tamper with, damage or otherwise disturb any apparatus, equipment or appurtenance belonging to or under the supervision and control of the fire department without authority from the officer in charge or his authorized representative to do so.

No person shall remove, tamper with or otherwise disturb any fire hydrant or fire equipment required to be installed or maintained under the provisions of this chapter except for the purpose of extinguishing fire, training purposes, recharging, testing or making necessary repairs. Whenever fire equipment is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished.

No person shall use or operate any fire hydrant without the permission of the owner of such hydrant. The provisions of this section shall not restrict the use of fire hydrants by fire officials in the course of their duties.

administer regulations necessary to protect life and property regarding:

evaluate the qualifications of firms or individuals for a certificate of registration to engage in the business of servicing portable fire extinguishers; and

conduct examinations to ascertain the qualifications and fitness of applicants for a license to service portable fire extinguishers.

issue certificates of registration for those firms that qualify under these regulations to engage in the business of servicing portable fire extinguishers, and issue licenses, apprentice permits, and authority to perform hydrostatic testing to the qualified persons.

Definitions.

Registration and licensing of persons servicing portable fire extinguishers.

Servicing of portable fire extinguishers by unlicensed personnel.

Applications and hearings on licenses, permits and certificates. Applications for licenses, permits and certificates hereunder shall be made pursuant to regulations adopted hereunder.

Exceptions. The activity of filling or charging a portable fire extinguisher prior to its initial sale by its manufacturer shall not be subject to this section. In addition, the licensing and registration provisions of this section shall not apply to any firm approved by the Director which services only its own portable fire extinguishers for its own use by maintaining its own fire extinguisher servicing facilities adequate for the purpose and utilizing its own personnel specially trained for such servicing.

The recommended rules and regulations for the sale or leasing and servicing of portable fire extinguishers as set forth in the model enabling act for the sale or leasing and servicing of portable fire extinguishers, NFPA #10-L, 1969 edition, are hereby adopted as if they were set forth herein in full.

Whenever the words “name of governmental authority having jurisdiction” appear in the adoptive rules and regulations they mean the Director.

Exits shall be provided and maintained as required by this chapter and the applicable sections of the Montgomery County Code.

All doors in or leading to exits shall be maintained operable from the inside without the use of a key or any special knowledge or effort at all times when the building or area served thereby is occupied.

Special purpose door alarms or bolting devices shall be approved by the Director prior to installation. Manually operated edge or surface mounted flush bolts are prohibited.

In other than individual dwelling units no person shall place, store or keep, or permit to be placed, stored or kept any materials the presence or burning of which would obstruct or render hazardous an exit.

No person shall at any time place an encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire.

All fire exit doors which open into stairways or exit passageways and any doors which are installed across corridors to provide fire or smoke barriers shall be self-closing and shall be so maintained or shall be automatic doors which will close upon activation of a fail safe type of approved smoke detection device.

It shall be unlawful to block, obstruct or otherwise impair the operation of any door required to be self-closing or automatic.

All doors which are installed to provide protection of openings in exit stairways or exit corridors shall be equipped with a positive latching device to prevent the spread of smoke and fire.

No person shall block, impede or obstruct any aisle, passageway, hallway, lobby, foyer or stairway leading to or from an entrance or exit required by law which will prevent, delay, hinder or interfere with the free use of such passageway by any person.

The following exceptions are provided to the requirements to provide free and unobstructed egress from all parts of all buildings and structures at all times.

Occupancy certificate generally. In every place of public or private assembly, there must be a certificate permanently posted in a conspicuous place in the room near the entrance. Such certificate must be furnished and signed by the Director, and must read as follows:

Capacity in excess of occupancy certificate. No owner, operator or manager or person in charge or agent for employee shall permit within a place of public or private assembly any persons in excess of the number allowed by the capacity certificate for such place. In any doubt as to the computation of occupancy load, the capacity certificate shall control.

Sale of tickets in excess of occupancy certificate limit. No owner, operator, manager or agent or employee of any place of public or private assembly hereto referred shall sell or permit any employee, agent or servant to sell for a single performance or between the beginning and end of any single performance or show (including short or extra attractions in the case of motion pictures) more tickets or admissions than the number of persons allowed within such place by the capacity certificate. Such sale of an excess number of tickets or admissions shall be prima facie evidence of the violation of this chapter.

Posting of occupancy certificate. It shall be unlawful to operate or use any place of assembly unless the capacity certificate required by subsection (a) of this section is conspicuously posted.

Audiences to be informed of exits. It shall be the duty of the person in charge of any theatre or place of public assembly to call the attention of those present, immediately prior to the beginning of the play, address or other matter of proceedings for which the people are assembled, to the number and location of the several exits in the building or hall and to state that the doors to all such exits are unlocked. Before making such announcement, it shall be the duty of such person to make an actual inspection to verify the fact or to see that said doors are unlocked.

Interior finish. Walls, ceilings and floor covering shall be in accordance with the interior finish requirements listed in NFPA 101, Life Safety Code, adopted in section 22-14.

Decorations-Defined. Decorative material shall include all such material as curtains, draperies, streamers, surface coverings applied over interior finish for decorative, acoustical or other effect and also cloth, cotton batting, straw, vines, leaves, trees and moss used for decorative effect, but it shall not include floor coverings, ordinary window shades, nor materials one twenty-eighth of an inch or less in thickness applied directly and adhering tightly to a noncombustible base.

Same-Use of flammable material, etc. No decorative material shall be used which as applied will ignite and allow flame to spread over the surface or allows burning particles to drop when exposed to a match flame test applied to a piece removed from the material and tested in a safe place. The piece shall be held in a vertical position and the bottom edge exposed to a flame from a common match held in a horizontal position, one-half inch underneath the piece, and at a constant location for a minimum of twelve (12) seconds.

Same-Renewal of flameproofing treatments. Treatments used to accomplish this flameproofing shall be renewed as often as may be necessary to maintain the flameproof effect.

Same-Pyroxylin coated fabrics. Pyroxylin coated fabric used as a decorative material in accordance with subsection (g) of this section or as a surface covering on fixed furnishings, shall be limited as follows: Such fabrics containing 1.4 ounces or more of cellulose nitrate per square yard shall not be used in excess of a total amount equivalent to one (1) square foot of fabric surface to fifteen (15) cubic feet of room volume. Each square foot of such fabric which contains 1.7 ounces or more of cellulose nitrate per square yard shall be counted as two (2) square feet in making this computation.

Flammable screens. In places of assembly no motion picture screen or screen masking shall be used which will ignite and allow flame to spread over the surface when exposed to the match flame test described in subsection (h) of this section.

Checking egress facilities. The operator or the person in charge of operation or use of any place of assembly shall check egress facilities before such place of assembly is occupied for any use to determine compliance with the provisions of this section.

Locking, etc., of egress doors. During the period of occupancy, an egress door shall not be locked, bolted or otherwise fastened or obstructed by any means, so that the door cannot be opened from the inside by the use of the ordinary door latch or knob or by pressure on the door or on a panic release device.

Aisles. In each room where chairs or tables and chairs are used the arrangement shall be such as to provide for ready access by aisles to each egress door. Aisles leading directly to an egress door shall have not less than thirty-six (36) inches clear width, which shall not be obstructed by chairs, tables or other objects.

Obstructions. A part of a stairway, whether interior or exterior, or of a hallway, corridor, vestibule, balcony or bridge leading to a stairway or exitway shall not be used in any way that will obstruct or restrict its use as a means of egress or that will present a hazardous condition.

Egress plan. A plan showing the capacity and location of exitways and of aisles leading thereto shall be submitted for approval to the Director and an approved copy shall be kept on display in the premises.

Stopping of performance, etc. by Director. The Director, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress; or upon finding any condition which constitutes a serious menace to life shall cause the performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected.

Failure to leave premises when requested to do so. Any person who fails to leave any premises that are overcrowded when told to do so by the management of the premises or any authorized enforcement officer shall be deemed in violation of this code and subject to the penalties provide by law.

Capacity certificates deemed permit for certain purposes. Capacity certificates described in subsection (a) of this section shall be considered for the purposes of this chapter a permit and the provisions of sections 22-10, 22-11 and 22-12 shall apply to capacity certificates.

A tent or air supported structure covering an area in excess of one hundred twenty (120) square feet and used or intended to be used for gathering together of ten (10) or more persons shall not be erected, operated or maintained for any purpose without obtaining a permit from the building official. Such permit shall not be issued without concurrence by the Director. Tents used exclusively for recreational camping purposes shall be exempt from the above requirement. Special permits required by the building code shall be secured from the building official.

All tents and air supported structures requiring a permit in subsection (a) of this section shall be designed, erected, maintained and used in accordance with the NFPA Standard for Tents, Grandstand and Air Supported Structures Used for Places of Assembly, NFPA #102.

A permit shall be obtained from the Director for any of the following:

No person shall sell, deliver, or cause to be delivered, any commodity to any person not in possession of a valid permit when such permit is required by the provisions of this section.

Generally. Except where more specific requirements are found elsewhere in this chapter the use, storage and handling of flammable and combustible liquids shall be in accordance with National Fire Protection Association Flammable and Combustible Liquids Code, NFPA #30.

Storage of class I liquids. The storage in excess of five (5) gallons of class I liquids shall be prohibited in all dwellings, dwelling units, apartment houses, hotels and other residential occupancies.

Operation of gasoline power equipment in certain structures. It shall be unlawful to store any motor vehicle or any other gasoline powered equipment in any multi-family, hotel, motel, office, educational or institutional occupancy or any balcony attached thereto except as follows:

Testing underground installations. Before being covered or placed in use, tanks and piping connected to underground tanks must be tested for tightness in the presence of the fire official. No portion of the system may be covered, filled with product or used until it has been approved by the department of Permitting Services. Test procedures must be specified by the Director.

Generally. Aboveground storage tanks for the storage of class I flammable and class II liquids shall be prohibited except as provided for in subsections (b), (c) and (d) of this section.

Existing tanks. Existing aboveground tanks approved by the fire marshal prior to April 28, 1959, may be continued provided the installation does not constitute a hazard. The Director shall periodically inspect the installation for safety, and if he determines the installation or operation is no longer conducted or maintained in a safe manner, he shall have authority to require their removal or replacement with underground tanks.

Agricultural storage. On farms portable tanks not exceeding six hundred sixty (660) gallons of class I liquid are hereby permitted, if stored fifty (50) feet or more away from buildings and adjoining property lines.

Temporary use of portable tanks. The provisions of subsection (a) of this section do not prohibit the temporary use of portable tanks less than six hundred sixty (660) gallons capacity in conjunction with the dispensing of flammable or combustible liquids into the fuel tanks of motor vehicles or other motorized equipment on premises not normally accessible to the public. Such installation must only be made under permit from the department of Permitting Services. The permit must include a definite time limit, not to exceed six (6) months.

Outside tanks supplying oil burning equipment. Outside aboveground tanks not exceeding five-hundred-fifty-gallon capacity may be used to supply oil burning equipment in one- or two-family detached dwelling.

Bulk storage. Aboveground tanks for bulk storage of class II combustible liquids may be established in noncongested areas when the Director finds that installation will not adversely affect the safety of surrounding property. These installations shall be equipped with fixed fire suppression systems and such other safeguards as may be deemed necessary by the Director.

Permit required. A permit must be obtained from the department of Permitting Services to remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.

Procedures. The procedures outlined in appendix C of the Flammable and Combustible Liquids Code, NFPA #30, shall be followed when tanks are placed temporarily out of service, abandoned or removed.

Exposed piping. Whenever a tank is removed all exposed or aboveground fill inlets and vent pipes shall be removed unless such fill or vent pipes are to be immediately connected to another tank.

Generally. Garages shall conform to all other applicable requirements of this code as well as the following provisions.

Permit required. No person shall use any building, shed or enclosure as a place of business for the purpose of repairing any motor vehicle therein, without a permit from the Director.

Dispensing of class I liquids into motor vehicles. Class I flammable liquids shall not be dispensed into the fuel tank of motor vehicles when the vehicle is located inside the building.

Applicability of section to incidental uses. The provisions of this section shall apply to repair garages which are used incidental to another business.

Applicability of section to off-road equipment. The provisions of this section shall apply to the repair of off-the-road type self-propelled equipment not classified as motor vehicles including but not limited to earth movers, tractors, cranes, mowers, snowmobiles, trenching machines and recreational vehicles.

Maintenance and operation standards. All garages regulated by this section shall be maintained and operated in accordance with National Fire Protection Association Standard for Repair Garages, NFPA #88-B.

Repair of non-self-propelled equipment. Repair of lawn mowers, outboard motors, chain saws, generators, pumps and other non-self-propelled equipment powered by internal- combustion engines shall be conducted in facilities that comply with the construction, ventilation, electrical and heating requirements for service stations.

Bowling alleys shall conform to all other applicable requirements of the code, as well as the following provisions.

No person shall conduct bowling alley resurfacing and refinishing operations involving the use and application of flammable liquids or materials without a permit from the Director.

Resurfacing and refinishing operations shall not be carried on while the establishment is open for business. Approved ventilation shall be provided. Heating, ventilating or cooling systems employing recirculation of air shall not be operated during resurfacing and refinishing operations or within one (1) hour following the application of flammable finishes. All electric motors or other equipment in the area which might be a source of ignition shall be shut down, and all smoking and use of open flames prohibited during the application of flammable finishes and for one (1) hour thereafter.

The refinishing of pins is prohibited in bowling alleys.

Permit required. A permit must be obtained from the department of Permitting Services for spraying or dipping operations utilizing more than one (1) gallon of flammable or combustible liquids on any working day for the following activities:

Standards. The provisions of the Standard for Spray Application Using Flammable and Combustible Materials, NFPA #33, and the Standard for Dip Tanks Containing Flammable or Combustible Liquids, NFPA #34, shall apply to all operations for the application of flammable finishes covered within the scope of this section.

Smoking. It shall be unlawful to smoke in any spray finishing or coating areas and in the vicinity of dip tanks. “No Smoking” signs with lettering of approved size shall be conspicuously posted in such areas.

Tank vehicles. Any vehicle used to transport flammable and combustible liquids in a container that exceeds one hundred ten (110) gallons capacity shall be designed, constructed and operated in accordance with National Fire Protection Association

Portable containers. No vehicle shall be used to transport more than one hundred ten (110) gallons of flammable liquids in portable containers unless such flammable liquids are in their original department of transportation approved shipping containers.

Parking and garaging. No tank vehicle shall be left unattended on any street, highway, avenue or alley; provided, that this shall not prevent a driver from the necessary absence from the truck in connection with the delivery of his load; except, that during actual discharge of the liquid some responsible person shall be present at the vehicle.

Generally. All gasoline blow torches and plumbers’ furnaces shall be constructed, maintained and used in accordance with NFPA #393, Recommended Good Practice for the Construction, Maintenance and Use of Gasoline Blow Torches and Plumbers’ Furnaces.

Capacity. The liquid capacity of gasoline blow torches shall not exceed two (2) quarts and that of plumbers’ furnaces, two (2) gallons, exclusive of the required air space above the liquid. Tanks for such torches and plumbers’ furnaces shall be constructed to withstand a working pressure of twenty-five (25) pounds per square inch.

Ventilation. Adequate ventilation shall be provided where gasoline blow torches are used.

Filling. Gasoline blow torches or plumbers’ furnaces shall not be filled inside of buildings.

Permits. A permit shall be obtained from the Director by the owner or operator of every bulk storage plant used for storage and dispensing liquefied petroleum gases.

Standards. All liquefied petroleum gas equipment including such equipment installed at utility gas plants shall be installed in accordance with the provisions of the Standard for the Storage and Handling of Liquefied Petroleum Gases, NFPA #58 and the Standard for the Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants, NFPA #59, except as otherwise provided in this chapter or in other laws or regulations legally in effect.

Safeguarding of premises. All spaces at bulk storage plants within which liquefied petroleum gases are transferred or stored, including all connections to storage tanks, shall be segregated with fences approved by the Director. The gates in such fences shall be kept locked at all times when no employee of the gas company is present.

Safeguarding of customer’s supply tanks. Tanks supplying customers’ installations shall be located outside of buildings. All valves and connections thereon shall be safeguarded by an enclosure, approved by the Director. Installations with an aggregate water capacity of greater than two thousand (2,000) gallons shall have the area, which includes the tank and container appurtenances, enclosed with at least a six-foot-high industrial type fence unless otherwise adequately protected. Gates shall be locked at all times when no employee is present.

Special requirements in the case of bulk storage (2,000 gallons aggregate water capacity or more) in heavily populated or congested areas. Determination as to individual tank capacity, total storage, distance to property lines, underground storage, fixed fire suppression systems, or other reasonable protective measures shall be made by the Director.

Containers in residential buildings. LP gas containers stored in a building housing residential occupancies shall be limited to two (2) ICC-DOT cylinders with a water capacity not exceeding two and one-half (2 ½) pounds which shall be part of approved self-contained hand torch assembly or similar appliance.

Generally. The use, storage and handling of anesthetics, oxygen and other medical gases shall be in accordance with the standards for flammable gases in section 24-14.

Flammable anesthetic agents. Any medical institution that has not effectively banned the use of flammable anesthetic agents shall maintain continuously suitable locations for the use and storage of these agents. Hospital administrative authorities, in consultation with the medical staff and others of training and expertise, shall adopt regulations to control apparel and footwear allowed, the periodic inspection of conductive materials, the control of purchase of static conductive and anti-static materials, the testing of conductive floors in the use of electronic or X-ray equipment in flammable anesthetizing locations. Proposed rules and regulations shall be submitted to the Director for approval.

Notice when gas is shut off. Any person shutting off gas to any building or structure shall promptly notify the company supplying such gas.

Shut off valves to be accessible; curb keys. No person shall make gas shut off valves inaccessible for use. The local gas utility shall, upon request, furnish appropriate curb keys to the department.

All oxygen-fuel gas systems for welding and cutting shall be installed and operated in accordance with National Fire Protection Association Standard for the Installation and Operation of Oxygen-fuel Gas Systems for Welding and Cutting, NFPA #51.

All cutting and welding processes shall be conducted in accordance with National Fire Protection Association Standard for Fire Prevention in Use of Cutting and Welding Processes, NFPA #51-B.

Defined. Pyroxylin plastic (cellulose nitrate) shall mean any plastic substance, material or compound other than explosives covered by section 22-71, having cellulose nitrate as a base, by whatever name known, when in the form of blocks, slabs, sheets, tubes or fabricated shapes.

Permit required for storage. All retailers, jobbers and wholesalers storing or handling more than twenty-five (25) pounds of pyroxylin plastic shall obtain a permit from the Director.

Permit required for manufacture. A permit shall be required for the manufacture of articles of pyroxylin plastic, which shall include the use of pyroxylin in the manufacture or assembly of other articles.

Storage of picture film. No person shall store, keep or have on hand more than twenty- five (25) pounds (for 35 mm film about 5,000 feet) or cellulose nitrate motion picture film without a permit from the Director. Film having a cellulose acetate or other approved slow burning base, marked safety film, is exempt from this provision.

Wholesale storage generally.

Storage not to be near vertical openings. No matches shall be stored within ten (10) feet of any open elevator shaft, elevator shaft opening, open stairway or other vertical opening.

Match bins required for broken containers. Where shipping containers containing matches are opened, the contents of such broken containers shall be removed and stored in metal or metal-lined bins equipped with self-closing metal or metal-lined covers.

Storage by retailers. Where matches are sold at retail, original sealed packages may be stored on shelves. When such packages are broken, individual boxes shall be stored in metal-lined bins as described above.

Defined. Scrap, waste and junkyards and collection stations shall include all buildings or areas where wastepaper, rags or other combustible materials are handled or stored or where old motor vehicles or other old machinery are dismantled, stored, handled, sold or exchanged.

Construction and protection requirements. Buildings housing combustible junk or materials shall have windows or other openings for access for fire fighting and clear aisles tributary to them shall be provided. No materials shall be located in a yard nor shall any yard be operated in a manner to expose adjoining properties to a fire hazard.

Fire extinguishers. One approved Class A fire extinguisher of suitable size shall be provided for each two thousand five hundred (2,500) square feet or fraction thereof of the junkyard.

Access to area. No motor vehicle, or any part thereof, junk or other waste material shall be stored, displayed or kept in such a manner as to unnecessarily hinder or endanger fire fighting operations. Aisles, driveways or passageways suitable for fire apparatus shall be provided to permit reasonable access to all parts of the yard for fire fighting operations.

Definitions.

Permit required. No person shall store or handle combustible fibres in quantities in excess of one hundred (100) cubic feet without a permit.

Loose storage. Loose combustible fibres (not in suitable bales or packages), shall be stored as shown in the following table:

Baled storage. No single block or pile shall contain more than twenty-five thousand (25,000) cubic feet of fibre exclusive of aisles or clearances. Blocks or piles of baled fibre shall be separate from adjacent storage by aisles not less than five (5) feet wide, or by flash fire barriers consisting of continuous sheets of noncombustible material extending from floor to a height of at least one (1) foot above the highest point of piles and projecting at least one (1) foot beyond the sides of the piles.

Storage of sisal, etc. Sisal and other fibres in bales bound with combustible tie ropes, also jute and other fibres liable to swell when wet, shall be stored to allow for expansion in any direction without endangering building walls, floors, ceilings or columns. Not less than three-foot clearance shall be left between walls and sides of piles; except, that if storage compartment is not more than thirty (30) feet in width, eighteen-inch clearance at side walls will be sufficient, provided a center aisle not less than five (5) feet is maintained.

Clearance between sprinkler heads and piles. Not less than three-foot clearance shall be maintained between sprinkler heads and tops of piles.

Dust collecting system. Equipment or machinery within a building which generates or emits combustible fibres shall be provided with an approved dust collecting and exhaust system.

Agricultural storage. Unlimited quantities of hay, straw and other agricultural products may be stored in or near farm buildings located outside closely built area.

The equipment, processes and operation of automobile tire rebuilding and recapping plans shall comply with the applicable requirements of this code and the detail provisions of this section.

A permit shall be obtained from the Director to conduct or maintain any tire recapping or rebuilding plant.

The layout, arrangement and construction of buildings and structures used for tire rebuilding or recapping shall comply with the applicable requirements of the building code for the appropriate occupancy use group classification, and shall be provided with fire protection and fire extinguishment as required by that code. Buildings and structures and their service equipment shall be maintained in safe and sound condition as required by this code.

Fire doors or other opening protectives to exitway or elevator enclosures or similar shaft enclosures required by the building code shall be kept closed except when the opening is in actual use.

When tire rebuilding plants are required to be separated from other occupancies in the building by the building code, such separation shall be maintained in good condition and shall not be pierced or broken in any manner. When a sprinkler system is required by the building code in an automobile tire rebuilding plant it shall be maintained in proper and continuous working order.

Buffing machines shall be located in a room separated from the remainder of the plant as required by the building code, and fire doors in such separations shall be maintained free of all obstructions at all times. Each machine shall be connected to an ample dust collecting system in conformity with NFPA Standard #91, Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, Vapor Removal or Conveying.

Each room where rubber cement is used or mixed, or flammable or combustible solvents are applied, shall be equipped with effective mechanical or natural ventilation.

Permit required. No person shall store in excess of one hundred thousand (100,000) board feet of lumber without a permit.

Storage area. The area for storage of each lumber pile, whether in the open or under cover shall not exceed four thousand (4,000) square feet. Such areas shall be so arranged that all lumber storage piles are separated either by a distance of fifteen (15) feet, a fire wall, storage of noncombustible material or any other approved fire break. No lumber pile shall be higher than its clear distance from the nearest adjoining property line, and the maximum height of piles shall be fifteen (15) feet.

Fencing. Permanent lumber storage yards exceeding four thousand (4,000) square feet in area shall have a substantial six-foot masonry, metal, wire or wood fence designed to prevent entry of unauthorized persons onto the premises, unless the storage is within fully enclosed buildings.

Auto storage. No automotive trucks or automobiles shall be allowed to remain closer than fifteen (15) feet to a lumber storage shed overnight unless housed within a noncombustible garage.

Burning of shavings, refuse, etc. When approved the burning of shavings, sawdust and refuse materials shall be permitted only under boilers, in furnaces or in incinerators or refuse burners safely constructed and located. Stacks shall be provided with approved spark arresters having openings which will eliminate the danger from sparks such as an expansion chamber, baffle walls or other effective arrangement. At boiler or other points where sawdust or shavings are used as fuel, a storage bin of noncombustible construction with raised sill, shall be provided.

Smoking. Smoking shall be prohibited except in specified safe locations in buildings. "No Smoking" signs shall be painted on exterior building walls and on signs, erected at driveways’ edges. "No Smoking" signs shall be posted throughout all buildings except in specific locations designated as safe for smoking purposes.

Weeds. Weeds shall be kept down throughout the entire year and shall be sprayed as often as needed with a satisfactory weed killer or cut or grubbed out. Dead weeds shall be removed.

Debris; housekeeping. Debris such as sawdust, chips and shorts shall be removed regularly. Proper housekeeping shall be maintained at all times.

First aid fire extinguishing equipment in open yards and buildings. Portable fire extinguishers suitable for the hazard involved or water barrels shall be provided at convenient, conspicuously accessible locations. The extinguishers or barrels shall be placed so that the maximum travel distance to the nearest unit shall not exceed seventy-five (75) feet. Water barrels if used shall be provided with three (3) pails each and shall contain at least forty (40) gallons of water. First aid fire extinguishers shall be provided in all buildings in accordance with the provisions of NFPA Standard #10, Portable Fire Extinguishers.

Refuse removal systems for sawmills, etc. Sawmills, planing mills and other woodworking plants shall be equipped with refuse removal systems which will collect and remove sawdust and shavings as produced.

Fire fighting equipment near machines producing shavings, etc. Fire fighting equipment, either first aid fire appliances or hose supplied from a suitable water system, shall be provided within reach of any machine producing shavings or sawdust. Extinguishers shall be provided in accordance with the provisions of NFPA Standard #10, Portable Fire Extinguishers.

Applicability of section; defined. This section shall apply to materials not otherwise covered in this code which are highly flammable, or which may react to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which because of the toxicity, flammability or liability to explosion render fire fighting abnormally dangerous or difficult; also to flammable or combustible liquids which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous gases.

Permit required. A permit shall be required for the storage, transportation or handling of more than fifty-five (55) gallons of corrosive liquids; or more than five hundred (500) pounds of oxidizing materials; or more than ten (10) pounds of organic peroxides; or more than five hundred (500) pounds of nitromethane; or one thousand (1,000) pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures covered in section 22-65(f)(4); or any amount of highly toxic materials, pyrophoric materials, hyperbolic materials, cryogenic materials or poisonous gases.

Safeguards for manufacture, storage, handling and use. The manufacture, storage, handling and use of hazardous chemicals shall be safeguarded with such protective facilities as public safety requires.

Oxidizing materials. Packaged oxidizing materials shall be stored in dry locations and separated from stored organic materials. Bulk oxidizing materials shall not be stored on or against wooden surfaces. Oxidizing materials shall be stored separately from flammable liquids, flammable solids, combustible materials, hazardous chemicals, corrosive liquids and such other noncompatible materials as may be determined by the Director.

Radiation. Durable, clearly visible signs of warning of radiation dangers shall be placed at all entrances to areas or rooms where radioactive materials are used or stored. In addition, each container in which radioactive materials are used, stored or transported shall bear a durable, clearly visible, appropriate warning sign. Such signs shall bear the three-bladed radiation symbol in magenta or purple on a yellow background in accordance with nationally recognized good practice.

Explosive chemicals. Potentially explosive chemicals shall be stored away from all heat- producing appliances and electrical devices and shall be protected from external heat, fire and explosion. Explosives and blasting agents shall not be stored in the same building or in close proximity to such materials except in accordance with section 22-71. Good housekeeping shall be maintained. Uncontaminated contents of broken or cracked bags, packages or other containers shall be transferred to new and clean containers before storing. Other spilled materials and discarded containers shall be promptly gathered up and destroyed in an approved manner. All electric bulbs shall be equipped with guards to prevent breakage. Open lights or flames and smoking shall be prohibited in or near storage areas. Internal-combustion motor vehicles or lift trucks shall not be parked or stored in the room or compartment where such chemicals are located.

Highly toxic materials. Highly toxic materials are materials so toxic to man as to afford an unusual hazard to life and health. Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage in a room or compartment separated from other areas by a one-hour occupancy separation constructed as specified in the building code. The storage room shall be provided with adequate drainage facilities and natural or mechanical ventilation to the outside atmosphere. Legible warning signs and placards stating the nature and location of the highly toxic materials shall be posted at all entrances to areas where such materials are stored or used.

Poisonous gases. Storage of poisonous gases shall be in rooms of at least one-hour fire resistive construction as specified in the building code and having natural or mechanical ventilation adequate to remove leaking gas. Such ventilation shall not discharge to a point where the gases may endanger any person. Legible warning signs stating the nature of hazard shall be placed at all entrances to locations where poisonous gases are stored or used.

Corrosive liquids. Satisfactory provisions shall be made for containing and neutralizing or safely flushing away leakage of corrosive liquids which may occur during storage or handling.

Storage cabinets for hazardous materials. Cabinets for the storage of hazardous materials shall be approved and substantially constructed of No. 18 gauge sheet iron or a minimum of one-inch plywood or equivalent. Doors shall be self-closing and self-latching. Cabinets shall be painted with an intumescent type paint and shall be conspicuously labeled in red letters "HAZARDOUS--KEEP FIRE AWAY."

Any material classified by the United States Department of Transportation as a class A explosive or a class A poison.

Any material classified by the National Fire Protection Association recommended system for the identification of the fire hazards of materials, NFPA #704-M, that have a health hazard rating of three or four or that have a reactivity rating of two, three or four.

Any material not classified by either system but which possesses the same or similar characteristics of being unstable or highly toxic as those materials covered by paragraphs (1) and (2) above.

Storage containers. Cylinders and pressure vessels shall be designed, constructed, tested and maintained in accordance with nationally recognized good practice. Each cylinder, pressure vessel or group of containers shall be marked with the name of the gas contained in accordance with nationally recognized good practice.

Storage and use. All compressed gas cylinders in service or in storage shall be adequately secured to prevent falling or being knocked over.

The central fire communication center shall be notified in writing at least twenty-four (24) hours before any fumigation operation in accordance with the provisions of Standard for Fumigation, NFPA #57.

All fumigation operations shall be conducted in accordance with the Standard for Fumigation, NFPA #57.

Defined. The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedos, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models and shall not include toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper or plastic caps are used and toy paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.

Manufacture. It shall be unlawful to manufacture fireworks within Montgomery County.

Possession or use. Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell or use, burn or explode any fireworks; provided, that the possession, sale or discharge of fireworks are permitted when such activities are conducted under a permit issued by the state fire marshal.

Signal purposes, shows, etc. Nothing in this section shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations.

Storage. No person shall keep or store fireworks in the county for a period in excess of eight (8) hours unless such person shall have a valid permit from the state fire marshal for a display within the county and unless such storage site has been approved by the Director.

Standards. National Fire Protection Association Code for the Manufacturing, Transportation, Storage, and Use of Explosive Materials, NFPA #495, is hereby adopted as if such standard were set out in full in this section. The following sections are hereby deleted from the standard adopted by this subsection. In chapter 2, paragraph 22, permit requirements; paragraph 23, permit classes; paragraph 24 blaster’s permit; paragraph 251, permit to use.

Permit to blast. No person shall use any explosives within the county unless a permit shall have been first obtained for such use from the Director. The Director shall issue the permit where he finds that the applicant has sufficient experience in, and knowledge of, the use of explosives to assure that they will be used so as not to endanger the health or safety of his fellow workmen or the general public. The Director shall state in the permit the maximum amount of explosives to be used in any one charge and he may state the total amount of explosives to be used at the location stated in the application. The maximum amounts fixed by the Director shall be such as to protect the health and safety of the general public and the fellow workmen of the permittee. Explosives shall not be used in an amount in excess of the limits stated in the permit.

Hours of blasting operations. Blasting operations shall not be conducted within the county between the hours of 7:00 p.m. and 7:00 a.m. nor at any time on Sunday, except by special permission by the Director.

Handling generally. The handling of explosives may be performed by other employees; provided, that the work is done under the direct supervision of the person holding the permit to use explosives.

Handling by intoxicated persons. No person shall handle explosives while under the influence of intoxicating liquors or narcotics.

Smoking. No person shall smoke while handling explosives or in the vicinity thereof.

Open flames. No open flame lamp or light shall be used in the vicinity of explosives.

Possession of permit. The permit shall be made out in the name of and shall be in the possession of the person supervising the use of the explosives.

Permit required. A permit in accordance with the provisions of the Code for Model Rocketry, NFPA #41-L, shall be obtained before launching any model rocket.

Standards. The provisions of the Code for Model Rocketry, NFPA #41-L, shall apply to all model rocketry activities.

Dangerous rockets. Any model rocket or model rocket engine that does not comply with the requirements for construction in the standard adopted in subsection (b) of this section shall be considered a dangerous rocket. Any person who shall construct, manufacture, possess, give away, sell or launch such dangerous rocket shall be subject to the provisions of the fireworks section of this chapter.

For the purpose of this section an emergency alarm shall be deemed and construed as being any act as follows: The giving, signaling or transmitting to the central fire communications center, any fire station, any rescue station, or any officer or member thereof, whether by telephone, spoken word or otherwise, information to the effect that there is a fire, explosion, injured person, sick person, person trapped, building collapse, gas leak or other emergency to which fire or rescue apparatus normally responds at or near the place indicated by the person giving, signaling or transmitting such information.

Any person who deliberately or maliciously gives, signals or transmits, or who causes or permits to be given, signaled or transmitted an emergency alarm when in fact that person knows that no such emergency exists shall be guilty of a misdemeanor.

It shall be unlawful for any person to tamper with or maliciously injure any fire alarm equipment maintained for the purpose of transmitting fire alarms to the fire department.

Posting. Hotels, motels, apartment houses, lodging houses and all other residential occupancies except one- and two-family dwellings, shall have a printed copy of fire safety instructions permanently and conspicuously posted in each occupancy unit and at such other locations as required by the Director. The text and posting location shall be subject to the approval of the Director.

Fire plans. The person responsible for fire safety in all buildings more than seventy-five (75) feet in height, buildings serving as housing for senior citizens, building housing institutional or educational occupancies, or such other buildings as may be required by the Director, shall prepare a written plan which details adequate procedures for occupants in case of fire. The plan shall be submitted to the Director for approval. After approval the plan shall be distributed to appropriate occupants of the building.

Emergency safety plan for multifamily rental building – required.

Notifying fire department. Whenever a fire occurs in any building or premises of any kind, it shall be the duty of the owner, manager, occupant or person in control of such building or premises, upon discovery of a fire or evidence of there having been a fire, even though it has apparently been extinguished, immediately to cause notice of the existence of such fire, circumstances of same and the location thereof to be given to the central fire communications center. This requirement shall not be construed to forbid the owner, manager or person in control of the aforementioned building or premises from using all diligence necessary to extinguish such fire prior to the arrival of the fire department. No person shall make, issue, post or maintain any regulation or order, written or verbal, that would require any person to take any delaying action prior to reporting a fire to the central fire communications center.

Evacuation. Whenever a fire occurs in a building or there is reason to believe a fire exists in a building, the building must be immediately evacuated and not reoccupied without the permission of the fire official in charge. If the building is provided with a manual fire alarm system, it is the duty of any person who has knowledge of the fire to activate the manual fire alarm. Complete evacuation is not required when other procedures are detailed in a fire plan that has been approved by the fire official.

Commencement of proceedings to repair, etc. Whenever the Director has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation, securing or demolition of the building.

Ordering dangerous materials or conditions removed. Whenever the Director shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated conditions, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever he shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied immediately.

Vacation of premises; locking, etc. of premises. Whenever the Director shall find any building or other structure which, for want of repairs, or because of damage done by storm, fire, explosion, natural wear and tear or other causes of damage or deterioration, is in such condition as to constitute an immediate and present danger to life, property or public safety, the Director is authorized to order the premises vacated immediately, if occupied, and is further authorized to post notice on the property and to order the property locked and boarded to prevent any person from entering onto the premises. If the unsafe and dangerous conditions are not corrected in accordance with the order of the Director and no appeal has been taken as provided in this chapter, the building or structure may be secured and boarded by the county or may be removed by the county, whichever shall be required to remedy the unsafe condition. If the owner has not maintained or has been unable to maintain the building in a safe, locked and boarded condition as previously ordered, the Director may order the demolition of the building, the filling of any excavation and the clearing of the property so that it will be in a safe condition. The cost of removal or securing by the county shall be charged to the owner of the property in the manner of taxes and such charge shall be a lien on the property. The cost to the county for removal or securing may also be collected as other debts. Nothing in this section is intended to provide authority to order removal or to remove buildings for aesthetic reasons only.

Notice and order generally. The Director shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

Method of service of notice and order. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last assessment roll of the county or as known to the Director. If no address of any such person so appears or is known to the Director, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings, and a copy shall be posted at or near the main entrance to the building. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

Posting and form of notice to vacate. Every notice to vacate must, in addition to being served as provided in subsection (e) of this section, be posted at or upon each exit of the building, and be in substantially the following form:

Compliance with notice to vacate. Whenever such notice is posted, the Director shall include a notification thereof in the notice and order issued by him under subsection (d) of this section reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed. Any person violating this subsection shall be guilty of a misdemeanor.

Stay of notice and order during appeals. Except for vacation orders, enforcement of any notice and order of the Director issued under this section shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

Failure to obey order. After any order of the Director or the board of appeals made pursuant to this section shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey and such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

Authority of Director on failure to obey final order. If, after any order of the Director or board of appeals made pursuant to this section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Director may (i) cause such person to be prosecuted undersubsection (i) of this section or (ii) institute any appropriate action to abate such building as a public nuisance, or both.

Extensions. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Director may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Director’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order.

Storage facilities required. Every premises shall be provided with a specifically designated room or container in or on the premises for the temporary storage of combustible waste or refuse. It is the duty of the owner of property to provide the facilities for the storage of trash except in case of a one- or two-family dwelling in which case it shall be the duty of the occupant to provide these facilities.

Maintenance of storage facilities. All storage or holding facilities located inside of buildings shall be maintained in accordance with NFPA Standard on Incinerators and Rubbish Handling, #82. The adoption of this standard shall not be construed to permit the construction or operation of any incinerator in violation of any air pollution regulation.

Handling. All handling activities shall be performed in accordance with the standard set forth in subsection (b) of this section.

Construction of storage containers. All containers used to collect waste in any building that exceed five (5) cubic feet in volume shall be constructed of noncombustible materials and equipped with a tight-fitting cover.

Storage of combustible waste. Combustible waste and refuse shall be stored in:

Automatic sprinkler protection. Automatic sprinkler protection shall be provided in all inside storage rooms or areas, chute discharge rooms or areas, compactor rooms and rubbish chutes.

Closure of containers. Storage containers not equipped with approved automatic closing covers shall be closed at all times except when trash is actually being loaded or unloaded.

Violation of section. Any person who places, keeps or stores or permits to be placed, kept or stored any combustible waste, rubbish or refuse in any area or facility in violation of this section shall be guilty of a misdemeanor.

Obstruction of entrances or exits with containers. The containers shall not obstruct any entrance or exit.

Accumulation in rubbish chutes. Trash or combustible waste shall not be stored or permitted to accumulate in rubbish chutes. Trash shall be removed from the chute continuously or as often as necessary to prevent accumulation.

Setting fire, etc., to refuse. Any person who wilfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any combustible waste or refuse located in a chute, bin, compactor, room, container or other facilities provided for the collection of waste or refuse, shall upon conviction thereof, be sentenced in accordance with the penalties section of this chapter.

Any person using a torch or other flame-producing device for removing paint from any building or structure shall provide one approved fire extinguisher or water hose connected to a water supply in the area where such burning is done. In all cases, a fire watcher shall remain on the premises for one (1) hour after the torch or flame-producing device has been used.

Any person using a torch or other flame-producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity where the sweating is done one (1) approved fire extinguisher or water hose connected to a water supply. Combustible material in the close proximity of flame shall be protected against ignition by shielding, wetting or other approved means. In all cases, a fire watcher shall remain in the vicinity of the sweating operation for one-half hour after the torch or flame-producing device has been used.

Designated areas where smoking prohibited. Where conditions are such as to make smoking a hazard in any areas of piers, wharves, warehouses, stores, industrial plants, institutions, schools, places of assembly and in open spaces where combustible materials are stored or handled, the Director is empowered and authorized to order the owner or occupant in writing to post “No Smoking” signs in each building, structure, room or place in which smoking shall be prohibited. Such signs shall be conspicuously and suitably located. The Director shall designate specific safe locations, if necessary, in any building, structure or place in which smoking may be permitted.

Form of “No Smoking” signs. The lettering, size, color and location of legally required “No Smoking” signs shall be subject to the approval of the Director.

Removal of signs prohibited. It shall be unlawful for any person to remove or mutilate or destroy any legally required “No Smoking” sign.

Compliance with “No Smoking signs.” It shall be unlawful for any person to smoke or throw or deposit any lighted or smoldering substance in any place where “No Smoking” signs are posted or in any other place where smoking would occasion or constitute a fire or life hazard.

Stables. No person shall carry or use a lighted candle, lighted lamp or any other open flame nor smoke or carry any lighted cigar, cigarette or pipe nor light any matches in any public stable.

Generally. All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, incinerators, water heaters, fire boxes or boilers to which they are connected shall be constructed and maintained in such a manner as not to create a hazardous condition.

Spark arresters. All chimneys, stacks and flues including incinerator stacks which may emit sparks that create a fire hazard shall be equipped and maintained with a spark arrester. Such spark arrester shall be of approved construction.

Open fires shall be attended at all times until completely extinguished.

Garbage, dead animals, animal waste, tires, plastic, rubber and other materials which create dense smoke or emissions injurious or noxious to people or property shall not be burned.

It shall be unlawful for any person to kindle any open fire except leaf burning, cooking fires or recreational fires without first notifying the central fire communication center of such burning. Where burning continues for more than one (1) day the Montgomery County department of fire and rescue services shall be notified prior to 8:00 a.m. on each day of burning.

The Director may prohibit such burning at any time the Director determines that the kindling of an open fire creates a fire hazard.

Except for those fires used for cooking food on property occupied by a single family dwelling open fires shall not be less than thirty (30) feet from any building or structure.

The burning of material of any kind on public roads, streets, highways, alleys, sidewalks, and public rights of way shall be prohibited at all times.

Where open burning is being conducted under the terms of a permit issued by the department of environmental protection, the permittee shall be personally responsible for the fire at all times. The permit shall be in the possession of the person supervising the burning at all times.

No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent.

Maintenance. It shall be unlawful to maintain any electrical wiring appliance, apparatus or device in violation of the Montgomery County electrical code.

Notice and discontinuance of fire hazard. When any hazardous electrical installation is brought to the attention of the Director, he shall notify the authority enforcing the electrical code, and may order use of such installation discontinued immediately.

It is unlawful for any person, partnership, association, corporation or other legal entity to sell or distribute any electrical consumer product which is intended ultimately for the personal use of a consumer in or around a permanent or temporary household or residence unless the product is clearly labeled, marked or stamped with the symbol of an

The term "electrical consumer product" includes all electrical products, which are not a part of the permanent wiring of the structure, which may be used in or around a permanent or temporary household or residence.

The term "electrical consumer product" excludes all electrical products operating at sixty (60) volts or less.

Labels, stamps or markings as required must be affixed to the product, must be legible and in the English language.

The term "sale" includes any sale, offer for sale or attempt to sell any merchandise for cash or credit or any service or offer for service as it relates to any person, edifice or equipment.

Standards. All construction and demolition operations for buildings that exceed five hundred (500) square feet in floor area shall be conducted in accordance with NFPA Standard #241, Safeguarding Building Construction and Demolition Operations.

Combustible waste. Debris, trash or other combustible waste material which creates or tends to create an undue fire hazard shall not be allowed to accumulate in, on or about any building or structure in process of construction or demolition.

Fire extinguishing equipment. Whenever any building or structure which is being constructed or erected is over two (2) stories in height and the construction reaches a height of twenty-five (25) feet above ground, not less than one (1) approved class A fire extinguisher shall be provided for each three thousand (3,000) square feet or fraction thereof of floor area under construction which is above the twenty-five-foot level.

Standpipes. The standpipe system shall be carried up with each floor and shall be installed and ready for use as each floor progresses. Standpipes shall not be more than one (1) floor below the highest forms or staging.

Buildings under demolition. When a building is being demolished and a standpipe or sprinkler system is existing within such building, such standpipe and/or sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such standpipe and/or sprinkler system shall be demolished with the building, but in no case shall the system, or systems, be more than one (1) floor below the floor being demolished.

Installation of fire protection facilities by developer. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of any combustible construction. When alternate methods of protection, as approved by the Director, are provided, the above may be modified or waived.

Combustible formwork. Combustible formwork supporting floors shall be prohibited more than seventy-five (75) feet above the lowest point of fire apparatus access.

Whenever any material is regulated by this chapter as to flamespread, combustibility, flammability, smoke contribution, fuel contribution, flash point, toxicity, reliability or safety, it shall be the duty of the manufacturer, seller or distributor to provide such data, specifications, certification or samples as may be required to establish that the material is in conformance with the requirements of this chapter. Whenever such materials are kept, stored, installed or used in any building it shall be the duty of the owner to maintain such records of data, specification or certification, and to provide when requested samples for accepted field testing, to establish that the materials are kept, stored, installed or used in compliance with the requirements of this chapter.

Whenever the Director shall find any material which is regulated by this chapter as to flamespread, combustibility, flammability, smoke contribution, fuel contribution, flash point, toxicity, reliability or safety, but for which there is insufficient information provided to establish that such material is in compliance with this chapter, he shall order the material to be removed, replaced or otherwise protected in an acceptable manner.

Requirement: It shall be the responsibility of the owner of each new and existing occupied dwelling unit to install smoke detectors in each such dwelling unit as hereinafter provided. Said smoke detectors shall be either the ionization or photo-electric type capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm thereof; further, they shall be installed by July 1, 1978, in the manner hereinafter provided (unless any other provision of county, state or federal law shall require installation before the date.) Failure to install smoke detectors as and where required by said date will subject the property owner to the penalties set forth in section 22-22.

Location:

Alternative: Where smoke detectors are installed as part of an approved fire detection system, the requirements for single-station smoke detectors may be set aside. An approved system shall be defined as a combination of devices that meets the requirements of this section and is installed in accordance with National Fire Protection Association Standard 74.

Equipment: All devices, combinations of devices and equipment required herein are to be installed in conformance with the building code and this section, and approved by the Montgomery County department of Permitting services and listed by said department for the purpose for which they are intended; said list may be subsequently amended by the department of Permitting services as necessary. Such approval is permanent unless the Director subsequently finds that the equipment is hazardous, unreliable or otherwise detrimental to public health or safety, in which case, the Director may suspend or revoke approval. The Director may in any such case determine whether replacement of existing installation is required. Transfer to the inactive list does not affect equipment approval.

Installation: In new residential dwellings, single-station smoke detectors shall be wired directly (hard-wired) to the building’s power supply. In existing dwellings within multi- family buildings of ten (10) units or more, the detectors shall meet the multi-family building power source requirements of state law, or in the absence of state law, the requirements hereunder covering other existing dwellings. In other existing dwellings, it is preferred that single-station smoke detectors be wired directly to the power supply; however, said detectors may be powered by self-monitored battery or operated in a plug- in outlet which is fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply.

Change in occupancy: After July 1, 1978, at every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease or sublease of said unit, it shall be the duty of the grantor thereof (i.e., the seller, lessor or sublessor, as the case may be) to provide before occupancy all smoke detectors as required by this section (or other applicable laws) in proper working condition. Failure to comply with this subsection shall be punishable as set forth herein; provided, however, that this subsection shall not be construed to vitiate or render void any contract, lease or sublease subject hereto.

Permits and fees: No smoke detector or alternative system may be directly connected (permanently wired) to the electrical system of the structure unless an electrical permit is first obtained from the Department of Permitting Services or the municipal electrical permit authority having jurisdiction. The County Executive may adopt, under method (3), a fee schedule for the issuance of a permit which must not exceed the cost of administration of this section and may waive, partially or wholly, the fee requirement or issue multiple permits after payment of a single fee.

Supplemental standards: This section is intended to be used with and supplemented by the applicable provisions of the NFPA Standards 72-E and 74, 1974 Editions, which are hereby incorporated herein; however, if there shall be any conflict between this statute and the said supplemental standards, this statute and any rules and regulations adopted pursuant thereto shall prevail.

The owner of any structure presently existing or constructed in the future must display Arabic numbers designating the address assigned to the structure by the Maryland-National Capital Park and Planning Commission, or by the municipality in which the structure is located. Numbers must be at least five (5) inches high for single-family detached and attached residences and at least six (6) inches high for commercial, industrial or multifamily structures. However, if the numbers designating the address of a single-family residence on April 5, 1988, were at least three (3) inches high, those numbers comply with the size requirement of this section as long as they remain in place. Address displays must be posted on a contrasting background displayed in a conspicuous place that is unobstructed and clearly readable from the street named in the official address of the structure. Where a structure has more than one (1) address or where more than one (1) structure shares a common entry or driveway, numbers must designate the addresses in sequence.

An agency of the county must not require a permit for a sign containing only the address of a residence if the sign is smaller than a maximum size set by the County Executive by regulation.

When a street sign is replaced or a new sign installed, the County Executive must cause the address range of each street to be displayed on each street name sign the county erects or maintains.

A person must not make or enforce any deed restriction, covenant, rule, or regulation, or take any other action, that would require the owner of any building to install any roof material that does not have a class A rating, or an equivalent rating that indicates the highest level of fire protection, issued by a nationally recognized independent testing organization.

As used in this section:

This section applies to all deed restrictions, covenants, rules, and regulations adopted before and after this section became law [March 9 1989].