There is a State Fire Prevention Commission in the Department.
The Commission consists of nine members.
Of the nine members of the Commission:
one shall be a member of a career fire company;
three shall be members of volunteer fire companies;
one shall be an architect or engineer;
one shall be a building contractor;
two shall be representatives of industry; and
one shall be a member of the public.
Of the nine members of the Commission:
one shall reside in Western Maryland, which is the region that consists of Allegany, Carroll, Frederick, Garrett, and Washington counties;
one shall reside in Central Maryland, which is the region that consists of Baltimore, Harford, and Howard counties;
one shall reside in Southern Maryland, which is the region that consists of Anne Arundel, Calvert, Charles, and St. Mary’s counties;
one shall reside in the Washington Metropolitan Area, which is the region that consists of Montgomery and Prince George’s counties;
one shall reside on the Eastern Shore, which is the region that consists of Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; and
four shall represent the State at large.
The Secretary shall appoint the members with the approval of the Governor.
Each member shall have experience and training to deal with the matters that are the responsibilities of the Commission.
The term of a member is 5 years.
The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 2003.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
A member may not serve more than 2 terms.
With the approval of the Governor, the Secretary may remove a member for neglect of duty or other sufficient cause.
The Commission shall elect a chairman and vice chairman from among its members.
If the chairman is absent, the vice chairman shall exercise the powers and perform the duties of the chairman.
A majority of the authorized membership of the Commission is a quorum.
The Commission may not do business unless:
there is a quorum; and
either the chairman or vice chairman is present.
The Commission shall meet:
at least once every 2 months; and
when called by the chairman or the Secretary.
A member of the Commission:
may not receive compensation as a member of the Commission; but
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Commission may make recommendations to the Secretary about the daily operations of the office of State Fire Marshal, including recommendations about budget and personnel matters, but the Commission does not have direct line authority over the administration of the office of State Fire Marshal.
The Commission may issue subpoenas and administer oaths in connection with any public hearing held under this title.
On or before September 30 of each year, the Commission shall transmit to the Governor and the Secretary an annual report of the Commission’s activities.
At least once each year, the Commission shall promote and conduct seminars, conferences, workshops, and meetings to inform the public and fire fighting personnel of the latest techniques in:
fire prevention programs and procedures;
life safety measures;
changes in the State Fire Prevention Code; and
development of improved fire safety goals.
To protect life and property from the hazards of fire and explosion, the Commission shall adopt comprehensive regulations as a State Fire Prevention Code.
The State Fire Prevention Code shall comply with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection.
The State Fire Prevention Code has the force and effect of law in the political subdivisions of the State.
Except as provided in subparagraph (ii) of this paragraph, the regulations adopted under this subsection do not apply to existing installations, plants, or equipment.
If the Commission determines that an installation, plant, or equipment is a hazard so harmful to the public safety as to require correction, the regulations adopted under this subsection apply to the installation, plant, or equipment.
Regulations adopted under this subsection shall:
incorporate by reference sections 30.7.5 and 31.7.5 of the National Fire Protection Association 101 Life Safety Code (2024 Edition); and
permit trash and recycling materials awaiting scheduled collection to be placed in corridors and exits in accordance with the provisions described in item (i) of this paragraph.
The Commission shall adopt regulations to establish and administer a fee schedule for:
reviewing building plans to ensure compliance with the State Fire Prevention Code; and
conducting inspections in accordance with Subtitle 3 of this title.
The Commission shall review the fee schedule annually to ensure that the money collected at least covers the costs of administering plan review and conducting inspections.
This subsection does not limit the authority of a local authority to establish a fee schedule for plan review and inspections conducted by the local authority.
Before adopting a regulation, the Commission shall hold at least one public hearing on the proposed regulation.
The Commission shall publish notice of the hearing at least 15 days before the hearing in a newspaper of general circulation in the State.
At the same time, the Commission shall send a copy of the notice to each person who has filed a request for notification with the Commission.
The notice shall contain the time, place, and subject of the hearing and the place and times to examine the proposed regulation.
The State Fire Prevention Code establishes the minimum requirements to protect life and property from the hazards of fire and explosion.
If a State or local law or regulation is more stringent than the State Fire Prevention Code, the more stringent law or regulation governs if the more stringent law or regulation is:
not inconsistent with the State Fire Prevention Code; and
not contrary to recognized standards and good engineering practices.
If there is a question whether a State or local law or regulation governs, the decision of the Commission determines:
which law or regulation governs; and
whether State and local officials have complied with the State Fire Prevention Code.
The Commission shall make available for public information a copy of the State Fire Prevention Code, and any amendments to the State Fire Prevention Code, in each county courthouse in the State.
The exercise of all powers and authority and the performance of all duties and functions vested in the Commission under this article are subject to the powers and authority of the Secretary set forth in Title 2 of this article or elsewhere in State law.