The provisions of this Subtitle shall constitute and shall hereafter be known as "The Fire Safety Law of Prince George's County, Maryland." The Fire Safety Law of Prince George's County, Maryland, shall be deemed an exercise of the police powers of Prince George's County, Maryland, for the preservation and protection of the public health, peace, safety and welfare, and all the provisions of this Subtitle shall be liberally construed for that purpose.

Generally. Definitions of words defined in this Section apply only to this Subtitle. Whenever definitions are set forth in any code, standard, manual or model law adopted by reference in this Subtitle or under the authority of this Subtitle, such definitions shall apply to the particular code, standards, manual or model law adopted by reference in which the definition appears. Any conflict between definitions set forth in an adopted code, standard, manual or model law and those expressly set forth in this Section shall be resolved by reference to the definition in this Section. Definitions. As used in this Subtitle: Alternative means a system, condition, arrangement, material, or equipment submitted to the Fire Chief or authorized representative as a substitute for a Subtitle requirement. Approved or Approval means in accordance with standards or requirements set forth in this Subtitle. The approval by a nationally recognized testing laboratory, inspection agency, or other recognized agency or organization concerned with product evaluation, shall be presumed to meet such standards unless there is evidence to the contrary. Authority having jurisdiction means the Fire Chief or authorized representative. Authorized display means the discharge of fireworks for which a permit has been issued by the State Fire Marshal. Authorized representative means a person duly appointed to administer or enforce this Subtitle in the name of the Fire Chief. Boardinghouse means "boarding house" as defined under "Dwellings" in the International Building Code adopted in Subtitle 4 of this County Code. Burning means lighting, igniting, kindling, or setting fire to combustible materials, adding fuel to a fire or permitting combustible materials to burn. Carbon Monoxide Detector means a device capable of measuring the amount of carbon monoxide (an odorless, colorless and potentially fatal gas created when fossil fuels do not burn completely) that is present within a structure and sounding an audible alarm at specified levels of detection. Central station means an approved office to which remote alarm and supervisory signaling devices are connected where persons are in attendance at all times to supervise the circuits and investigate signals. Central station system means a system, or group of systems, the operations of which are signaled to, recorded in, maintained and supervised from, an approved central station, in which there are competent and experienced observers and operators in attendance at all times whose duty it shall be, upon receipt of a signal, to take such action as shall be required under the rules established for their guidance. Such systems shall be controlled and operated by a person, firm, or corporation whose principal business is the furnishing and maintaining of supervised protective signaling service and who does not have interest in the unprotected properties. Contractor includes a subcontractor. Dangerous rocket means any model rocket or model rocket engine that does not comply with the construction requirements of NFPA-1122. For purposes of this Subtitle, a "dangerous rocket" is subject to the regulations governing fireworks. Distribute as used in this Subtitle with reference to fire extinguishers shall include renting, leasing, and giving away as a prize or a premium. Dormitory means "dormitory" as defined under "Dwellings" in the International Building Code adopted in Subtitle 4 of this County Code. Dwelling or Dwellings means any living unit or units as defined under "Dwellings" in the International Building Code adopted in Subtitle 4 of this County Code. Dwelling Unit means "Dwelling Unit" as defined in the International Building Code adopted in Subtitle 4 of this County Code. Emergency alarm means giving, signaling, or transmitting to Public Safety Communications, any fire station, any central station, any rescue station, or any emergency message center, or to any member of the foregoing, or a fire official or police officer, 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 the Fire/EMS Department or rescue apparatus normally responds. Excavate or excavation. See definition at Section 2-385 of this County Code. Existing condition means any situation, circumstance, or physical makeup of any structure, premises, or process which was ongoing or in effect prior to the adoption of this Subtitle. Explosive means a chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion that contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life and limb. Fire alarm system. See "fire warning system." Fire apparatus means a vehicle such as a fire pumper, aerial ladder truck, elevated platform, rescue squad, or similar fire-fighting or rescue equipment. Fire Chief means the head of the Prince George's County Fire/EMS Department as established by the Charter. Fire Code Official means the person so designated by the Director of the Department of Permitting, Inspections, and Enforcement with concurrence of the Fire Chief. Fire Department means the Prince George's County Fire/EMS Department. Fire/EMS Department connection means a connection for Fire/EMS Department use in supplementing or supplying water for standpipes and sprinkler systems. Fire drill means an exercise by which the occupants or users of a structure practice a planned evacuation route from the said structure. Fire hazard means any thing, condition, or act which in the absence of fire, persons regularly engaged in preventing, suppressing, or extinguishing fire recognize as liable to increase or cause an increase in the hazard or menace of fire, or which, in the event of fire, may obstruct, delay, hinder, or interfere with the operations of the Fire/EMS Department or with the egress of occupants. Fire hydrant means an approved valved outlet on a water supply system with one (1) or more threaded outlets and used to supply Fire/EMS Department hoses and pumpers with water. Fire lane means the space, road, path, or other passageway developed to allow the placement and passage of fire apparatus on and through congested areas including private property. Fire Marshal means an individual designated by the Fire Chief that oversees the Office of The Fire Marshal. Fire Official means any person serving as a designated employee, representative, or agent of the Prince George's County Fire/EMS Department under authority granted by the Fire Chief. Fire protection system means systems, devices, and equipment used to detect fire, heat, smoke, fumes, or gasses, actuate an alarm, suppress or control a fire, or any combination thereof. Fire separation means construction of rated fire resistant material(s) or the maintenance of clear area to resist the spread of fire; including but not limited to "fire door," "fire resistance," "fire separation," "exterior fire exposure," "fire separation wall," "fire wall," and "fire window" as defined in the International Building Code as adopted in Subtitle 4 of this County Code. Fire suppression system means a device, devices, or system of devices that detects a phenomenon of fire including, but not limited to, heat, smoke, flame, visible or invisible particles, or infrared, ultraviolet, or invisible radiation and, upon detection, automatically extinguishes or attempts to extinguish a fire. Fire warning system means a device, devices, or system of devices that detects a phenomenon of fire, including, but not limited to, heat, smoke, flame, visible or invisible particles, or infrared, ultraviolet, or visible radiation and that, upon detection, transmits an audible, visible, or other sensory alarm to occupants and/or the Fire/EMS Department. Fireworks, except as hereinafter provided, means: Any combustible or explosive composition; Any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation; Blank cartridges, toy pistols, toy cannons, toy canes, or toy guns, in which explosives as defined by State law are used; Unmanned balloons that require fire for propulsion; Firecrackers, squibs, rockets, sparklers, roman candles, torpedoes, bombs, grenades, fire balloons, signal lights, fountains, wheels, dipsticks, dangerous rockets, novelties composed of two (2) or more of the foregoing, and any device of like construction; and Tablets or other devices containing any explosive, explosive substance or flammable compound. Notwithstanding the foregoing definition, for purposes of this Subtitle, "fireworks" shall not include: Model rockets or model engines that are designed, sold and used for the purpose of propelling recoverable aero models; Toy pistols, toy canes, toy guns, or other devices in which are used toy 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; Toy paper or plastic caps manufactured in accordance with the regulations promulgated by the United States Department of Transportation, except that each package of toy paper or plastic caps offered for retail sale must be labeled to indicate the maximum explosive content per cap; Flare guns used by railroads or other transportation agencies for signal purpose or illumination; and Blank cartridges used either in public entertainment by performers or for signal or ceremonial purposes at athletic or sports events or by military organizations. Fireworks shooter means a person or persons who may supervise an authorized display upon the prior written approval of the State Fire Marshal. Gallon means one United States standard gallon. Grade when used with respect to the exterior of buildings means the reference plane representing the average elevation of finished ground level adjoining the building at all exterior walls. Hazardous chemicals shall include, but are not limited to, such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, hazardous substances, highly toxic materials, and poisonous gases. Hazardous substance means any matter that conveys toxic, lethal, or sublethal effects to plant, aquatic, or animal life, or which may be injurious to human health, or persists in the environment, or which causes sublethal alterations to aquatic, plant, animal, or human systems through their cumulative or immediate reactions. The term includes any matter identified as a hazardous substance by the Environmental Protection Agency in Regulation 40 CFR Part 116. Hotel means hotel as defined under dwellings in the International Building Code adopted in Subtitle 4 of this County Code. Multifamily apartment house means any building or portion thereof, that is designed, built, rented, leased, sold, let, or hired out to be occupied, or that is occupied as the home or residence of three (3) or more families, each living in a separate dwelling unit, and shall include flats and apartments. NFPA means National Fire Protection Association. When followed by a number, e.g., NFPA-101, the term refers to a model code or standard promulgated by the NFPA. Novelty Lighter means a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes that is designed to resemble cartoon characters, toys, guns, explosive devices, watches, musical instruments, vehicles, animals, food or beverages, or similar articles, or that play musical notes, or has flashing lights for entertainment or has other entertaining features. A novelty lighter may operate on any fuel, including but not limited to butane, isobutene or liquid fuel. Novelty lighter does not include: A lighter manufactured prior to January 1, 1980; A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills; or Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals or artwork, or heat shrinkable sleeves. Permit means an official document or certificate issued by the Fire Chief or other permit-issuing authority for the purpose of authorizing the performance or conduct of a specified activity. Permit holder or permittee means the person in whose name a permit is issued. Person means an individual, an executor, administrator, trustee, receiver, or other representative appointed according to law, or a corporation, firm, partnership, association, organization, or any other group acting as a unit. Whenever a violation of this Subtitle constitutes an unlawful act, "person" may include the partners or members of a partnership or association and the officers, agents, employees, or members of a corporation who are responsible for the violation. Process means the manufacturing, handling, blending, conversion, purification, recovery, separation, synthesis or use, or any combination of any commodity or material regulated by this Subtitle. Public Safety Communications means the public fire service communication facilities operated by Prince George's County receiving fire alarms or other emergency calls from the public, retransmitting these alarms and emergency calls to fire companies and other interested agencies, and operating the fire and rescue services radio base stations and landline communications equipment. Repair means the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance. The term "repair" shall not apply to any construction which changes or alters an existing building or structure or part thereof. Siamese Connection. See "Fire/EMS Department connection." Single-Family Dwelling means "one-family dwelling" as defined under "dwellings" in the International Building Code adopted in Subtitle 4 of this County Code. Sleeping area means the area or areas of the dormitory, dwelling unit in a multifamily dwelling, or guest rooms in a hotel or motel in which the bedrooms or sleeping rooms are located. Rooms habitually used for sleeping that are separated by other use areas (including, but not limited to, kitchens or living rooms, but not bathrooms or closets) shall be considered as separate sleeping areas for the purposes of this Subtitle. Smoke Alarm means an approved device capable of sensing visible or invisible particles of combustion. Smoking means lighting, igniting, holding, or possessing any lighted cigar, cigarette, or pipe, or carrying, throwing, or depositing any lighted or smoldering cigar, cigarette, or pipe. Street means a public thoroughfare that has been dedicated for vehicular use by the public. System means several items of equipment assembled, grouped or otherwise interconnected for the accomplishment of a purpose or a function. Unprotected combustible fiber storage vault means a room with a capacity not exceeding one thousand (1,000) cubic feet separated from the remainder of the building by a two (2) hour occupancy separation, constructed as specified in the International Building Code adopted by Subtitle 4 of this County Code and provided with approved safety vents to the outside. Utility line. See definition at Section 2-385 of this County Code.

Notify Fire/EMS Department. Any person who discovers evidence of any actual, impending or extinguished, dangerous or destructive, or potentially dangerous or destructive, fire shall immediately cause notice of the existence of such fire, circumstances of same and the location thereof to be given to Public Safety Communications. This requirement shall not be construed to forbid that person or the person in control of a building or premises on which a fire exists from using all diligence necessary to extinguish such fire prior to the arrival of the Fire/EMS Department. Evacuation of buildings. Whenever a fire occurs in a building or there is reason to believe a fire exists in a building, the building shall be immediately evacuated and not reoccupied without the permission of the fire official in charge. If the building is provided with a manual fire warning system, it shall be the duty of any person who has knowledge of the fire to activate the manual fire warning system. Complete evacuation is not required when alternative procedures have been detailed in a fire plan which has been approved by the Fire Chief or authorized representative.

It shall be unlawful for any person willfully to interfere with or obstruct the operations of the Fire/EMS Department, or any member thereof, or any fire official, while extinguishing a fire or proceeding to a fire or other emergency. Such interference or obstruction shall include disobeying the lawful command of a police officer assisting the Fire/EMS Department at a fire or other emergency. It shall be unlawful for any person to make, issue, post, or maintain any regulation or order, written or verbal, requiring any other person who discovers evidence of an actual, impending or extinguished, dangerous or destructive, or potentially dangerous or destructive, fire to delay reporting the existence of such evidence to Public Safety Communications. It shall be unlawful for any person that is not a current member of the Prince George's County Fire/EMS Department or an authorized public safety official to participate in any Fire/EMS Department emergency operations.

It shall be unlawful for any officer, agent, or employee of any utility company, permit holder (permittee), builder, developer, or contractor, who is in charge of any excavation and who, during such excavation, discovers evidence of or knows of a break or rupture in the containment system for natural gas or other flammable gas to delay making immediate notification of such condition to Public Safety Communications. It shall be unlawful for any person who discovers evidence of or knows of a concentration of natural gas or other flammable gas mixture within an enclosed structure or in the atmosphere to delay making immediate notification of such evidence or condition to Public Safety Communications. It shall be the responsibility of the excavator and/or contractor to have all overhead and underground utilities located before work commences.

It shall be unlawful for any person to deliberately, recklessly or maliciously give, signal or transmit, or to cause or permit to be given, signalled or transmitted, an emergency alarm when in fact that person knows that no such emergency exists. A faulty or nuisance alarm is deemed to occur whenever the fire official or fire department officer-in-charge responding to an alarm call, determines after investigation that faulty equipment initiated the alarm. Whenever faulty or nuisance alarm activations occurring in any occupancy exceed three (3) in a 90-day period, the fire official may require the owner or occupant to conduct a witnessed test of the fire protection system causing the faulty or nuisance alarm. Inspection fees shall be as in Subtitle 11, Sec. 11-163 of Prince George's County Code - $150 per hour, or part thereof, per inspector.

It shall be unlawful for any person, by any means whatsoever, through carelessness or negligence to set fire to, or to cause the burning of, any bedding, furniture, rug, curtain, drape or other house or household furnishings or fittings, or any other part of any hotel, rooming house, dormitory, motel, lodging house, multifamily dwelling, tenement house, convalescent home, hospital, child care facility or similar place of abode in such manner as to endanger the safety of any person or property.

It shall be unlawful for any person to willfully and maliciously set fire to, burn or cause to be burned, or aid, counsel or procure the burning of any combustible waste or refuse located in a chute, bin, compactor, room, container or other facility provided for the collection of waste or refuse.

No person shall place, keep or store any material on or before any building mechanical, gas, electrical, or water service, the presence of which would interfere with the ability of the Fire/EMS Department to shut off the utility.

It shall be unlawful for any unauthorized person to use a badge, uniform or other credentials so as to impersonate a fire official in Prince George's County.

It shall be unlawful for any owner, agent, contractor, permit holder or permittee or any other person to violate or fail to comply with any order or notice issued or served by the Fire Chief or authorized representative pursuant to the provisions of this Subtitle.

Use. It shall be unlawful for any person to use any device or appliance that has been marked or tagged as condemned by the Fire Chief or authorized representative under the provisions of Section 11-160 of this Subtitle. Tags. It shall be unlawful for any person to mutilate or remove from any device or appliance, the mark or tag of the Fire Chief or authorized representative placed on or attached to the said device or appliance under the provisions of Section 11-160 of this Subtitle, unless the Fire Chief or authorized representative has given permission to remove such mark or tag.

It shall be unlawful to deliberately operate, actuate or use any fire suppression system required to be installed by this Subtitle for purposes other than emergencies, maintenance or prescribed testing. It shall be unlawful to tamper with, or willfully and maliciously render inoperative, any fire warning system installed pursuant to the requirements of this Subtitle. It shall be unlawful to willfully and maliciously activate any installed fire warning system for purposes other than emergencies, maintenance, or prescribed testing without proper notification to Public Safety Communications. It shall be unlawful to use, tamper with or willfully and maliciously render inoperative, any portable fire extinguisher other than during emergencies, maintenance, or testing. No person shall willfully and maliciously molest, tamper with, damage, or otherwise disturb any apparatus, equipment, or appurtenance belonging to, or under the supervision and/or control of, the Fire/EMS Department without authority from the fire official in charge or authorized representative. No person shall willfully and maliciously remove, tamper with, or otherwise disturb any fire hydrant or fire equipment, required to be installed or maintained under the provisions of this Subtitle except for the purpose of extinguishing fire, training, 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, other than fire officials in the performance of official duties, shall use or operate any fire hydrant without the permission of the owner of such hydrant.

A violation of any provision of this Subtitle shall constitute a misdemeanor and any person, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100) and not more than One Thousand Dollars ($1,000), or sentenced to not more than six (6) months in jail, or both. Each day that such violation continues shall be deemed a separate offense.

The County may enforce or correct the violations of any provision of this Subtitle by instituting injunction, mandamus or any other appropriate action or proceeding at law or in equity in any court of competent jurisdiction.

No officer, agent or employee of the County charged with enforcement of this Subtitle while acting within the scope of his or her authority and without malice shall be personally liable for any damage which may occur to persons or properties as a result of any act required or permitted under this Subtitle or as a result of the institution or assistance in the prosecution of a criminal proceeding under this Subtitle. Any suit brought against any such officer, agent or employee of the County as a result of any act required or permitted in the discharge of his or her duties under this Subtitle shall be defended by the County Attorney until the final termination of the proceedings. Further, the Fire Chief or authorized representative shall not be liable for costs in any action, suit or other proceeding which may be instituted and which arises out of any act required, instituted or permitted under this Subtitle; and any authorized representative of the Fire/EMS Department acting on good faith and without malice shall be free from liability for acts performed under any of the provisions of this Subtitle or by reason of any act or omission in the performance of the official duties under this Subtitle. The County shall not be liable for any damage to persons or property either by reason of the inspection or reinspection of buildings, structures or things, authorized by this Subtitle, or by reason of failure to inspect or reinspect such buildings, structures or things, or by reason of any permit issued or the approval or disapproval of any permit issued pursuant to this Subtitle, or by reason of the approval or disapproval of any equipment authorized by this Subtitle.