Division 2. Administration

Generally. The Fire Chief is hereby authorized and directed to administer the provisions of this Subtitle. The Fire Chief or authorized representative shall have such other powers and perform such other duties as are set forth in this Subtitle and as may be conferred and imposed from time to time by law. The Fire Chief may delegate any of his or her powers or duties under this Subtitle to the Office of the Fire Marshal or to other fire officials.

Emergencies. In case of an emergency, where in the opinion of the Fire Chief, or authorized representative, life or property is in immediate danger of fire or explosion, the Fire Chief, or authorized representative, is hereby authorized to take such actions as are necessary to protect such life or property.

Enforcement assistance. All County agencies, offices and departments shall render necessary assistance in the enforcement of this Subtitle when requested to do so by the Fire Chief or authorized representative.

To assist in the performance of the responsibilities and the duties placed upon the Fire Chief, the Office of the Fire Marshal is established within the Fire/EMS Department, which shall be responsible for enforcing laws and ordinances in effect in Prince George's County covering the following:

Authority of Fire Chief or authorized representative generally. The Fire Chief and authorized representative shall have the authority to investigate the origin, cause, and circumstance of every fire, explosion or other emergency in which the Fire/EMS Department has a reasonable interest. When the Fire Chief or authorized representative has reason to believe that a fire or explosion may be the result of a violation of any law, the Fire Chief or authorized representative shall immediately take custody of and safeguard all physical evidence in connection therewith, and shall have 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 or explosion is complete.

Authority of the Fire Chief or authorized representative to enter and examine. The Fire Chief or authorized representative shall have the authority at all times, in performance of the duties imposed by the provisions of this Subtitle, to enter upon and/or examine any area, building or premises, vehicle, or other thing when there is probable cause to believe that fires or attempt to cause fires exist or which at the time may be burning. The Fire Chief or authorized representative shall have the authority to enter, at any time, any building or property adjacent to that on which the fire or attempt to cause fires has occurred should it be deemed necessary in the proper discharge of the authorized duties; and may, at 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 examination and investigation shall be completed.

Generally. Every fire shall be reported using the current operational procedures to the Fire/EMS Department by the senior fire officer in whose service area such fire has occurred. The report shall be in such form as shall be prescribed by the Fire Chief or authorized representative and shall contain a statement of facts relating to the origin, cause, and circumstance of such fire, factors contributing to the spread of fire, injury to persons and extent of such injuries, response personnel, and such other information as may be required. Reports shall be submitted in accordance with the schedule prescribed by the Fire Chief or authorized representative.

Suspicious circumstances. The fire official in charge of the scene of a fire emergency of incendiary or suspicious nature, of undetermined cause, or where loss of life or injury occurs, shall immediately report such circumstances to the Office of the Fire Marshal.

Generally. The Fire Chief or authorized representative shall inspect, or cause to be inspected, by the Office of the Fire Marshal, other fire officials or Fire/EMS Department members as often as may be necessary all buildings and premises including such other hazards or appliances as the Fire Chief or authorized representative may designate. Such inspections shall be for the purpose of ascertaining and causing to be corrected, any condition which would reasonably tend to cause fire or contribute to its spread, or constitute any violation of this Subtitle, or other laws of the County or State of Maryland affecting fire safety.

Implied consent. Any application for or acceptance of any permit or license requested or issued pursuant to this Subtitle, 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 Subtitle.

Advance notice. It shall be the responsibility of the permittee or contractor to request each required inspection at least one working day in advance of the desired inspection time. If reinspection is required due to a failure by the tenant, permittee, contractor or owner of the subject property to have completed all work for which an inspection is requested, the aforementioned persons shall be subject to a reinspection fee as outlined in Section 11-163, payable to Prince George's County, Maryland, prior to such reinspection.

Ordering dangerous materials or conditions removed. Whenever the Fire Chief or authorized representative shall find any building or other structure which, for want of repairs, lacks sufficient fire escapes, automatic or other fire alarm apparatus or fire suppression equipment or, by reason of age or dilapidated conditions or from any other cause, is liable to fire so as to endanger other property or the occupants thereof, and, whenever the Fire Chief or authorized representative shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, the Fire Chief or authorized representative shall order such dangerous conditions or materials to be remedied or removed immediately. Such conditions or materials shall include, but are not limited to:

Vacating of premises; locking, latching, or securing premises. Whenever the Fire Chief or authorized representative 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 Fire Chief or authorized representative 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 Fire Chief or authorized representative and no appeal has been taken as provided in this Subtitle, 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 Fire Chief or authorized representative 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.

Notice and order generally. Whenever the Fire Chief or authorized representative shall issue a notice and order directed to the owner of record of a building to abate a dangerous condition, 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 the address as it appears on the last assessment roll of the County or as known to the Fire Chief or authorized representative. If no address of any such person so appears or is known to the Fire Chief or authorized representative, 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. In addition, a copy shall be posted at the door of the Prince George's County Courthouse in Upper Marlboro, Maryland, or on a bulletin board in the immediate vicinity thereof. 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 the mailing.

Posting and form of notice to vacate. Every notice to vacate shall be served as provided in Subsection (d) 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 Fire Chief or authorized representative shall include a notification thereof in the notice and order issued by him or her under Subsection (e) of this Section reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building that has been so posted, except that entry may be made to repair or demolish.

Stay of notice and order during appeals. Except for orders to vacate, enforcement of any notice and order of the Fire Chief or authorized representative issued under this Section shall be stayed pending an appeal therefrom which is properly and timely filed.

Failure to obey order. After any order of the Fire Chief or authorized representative 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 any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

Authority of the Fire Chief or authorized representative on failure to obey final order. If, after any order of the Fire Chief or authorized representative or the Board of Appeals made pursuant to this Section has become final, and the person to whom such order is directed shall fail, neglect, or refuse to obey such order, the Fire Chief or authorized representative may cause such person to be prosecuted under Subsection (h) of this Section, or institute any appropriate action to abate such building as a public nuisance, or both.

Extensions. Upon receipt of any application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Fire Chief or authorized representative may, in his or her 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 Fire Chief or authorized representative determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The authority of the Fire Chief or authorized representative 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 the notice and order.