There is an office of State Fire Marshal in the Department.

The Secretary shall appoint a State Fire Marshal from a list of three names submitted by the Commission. The State Fire Marshal shall: be a graduate of an accredited college or university; and have 5 years of recent progressively responsible experience, at least 3 years of which shall have been at the administrative level, in fire prevention inspection, fire investigation, fire safety promotion, fire protection engineering, fire fighting, or teaching fire safety engineering. The State Fire Marshal serves for a term of 6 years. The State Fire Marshal is in the executive service of the State Personnel Management System. At any time, the Secretary may remove the State Fire Marshal for neglect of duty or other conduct unbecoming the office. The Commission may recommend to the Secretary that the State Fire Marshal be removed for cause. Before removing the State Fire Marshal, the Secretary shall give the State Fire Marshal: timely notice with a statement of the charges; and an opportunity for a public hearing on the charges. The State Fire Marshal may be represented at the hearing by counsel. The State Fire Marshal is entitled to the salary provided in the State budget.

The State Fire Marshal may employ a staff in accordance with the State budget. The full time investigative and inspection assistants in the office shall be known as deputy State fire marshals. Deputy State fire marshals shall meet the minimum qualifications and complete the training required by the Police Training and Standards Commission for a police officer. The qualification and training requirements of paragraph (2) of this subsection do not apply to the fire inspectors and fire investigators of the political subdivisions of the State. The State Fire Marshal may designate civilian employees to conduct inspections and submit reports as necessary. The minimum qualifications for a civilian employee shall be completion of the National Fire Protection Association Standard 1031.

A county or municipal corporation of the State may designate with the approval of the State Fire Marshal, or may request that the State Fire Marshal designate, a fire marshal or appropriate fire official to serve as assistant State fire marshal to carry out this title, including issuing orders, in that county or municipal corporation. An assistant State fire marshal may not receive compensation from the State. The State Fire Marshal shall carry out this title in a county or municipal corporation that does not have a designated assistant State fire marshal. The State Fire Marshal shall adopt regulations establishing requirements for all individuals designated as an assistant State fire marshal or a special assistant State fire marshal under subsection (a)(1) of this section, including: minimum training, certification, and other standards relating to fire inspection; minimum training, certification, and other standards for fire plan review, a fire plan examiner, or fire plan engineering staff; minimum training, certification, and other standards relating to fire investigation; acceptable minimum standards for the eligibility of an individual to serve as an assistant State fire marshal or a special assistant State fire marshal; and policies for application for, review of, expiration of, renewal of, and probationary status for the positions of assistant State fire marshal and special assistant State fire marshal. The State Fire Marshal may administer an examination based on NFPA standards as relevant for the requirements listed in paragraph (1) of this subsection before designating an individual as an assistant State fire marshal or special assistant State fire marshal. The State Fire Marshal may designate as a special assistant State fire marshal: a law enforcement officer involved in arson investigations; any other suitable individual who meets the standards established under this section; or on the advice of an assistant State fire marshal, a member of a fire department if: the designee is a full–time employee of the fire department; the designee performs fire inspections or fire investigations for the fire department; and the fire department is organized and operates in the State. A special assistant State fire marshal serves at the pleasure of the State Fire Marshal. A special assistant State fire marshal may not receive compensation from the State. Each special assistant State fire marshal shall assist the State Fire Marshal in carrying out the duties of the State Fire Marshal under this title. The Commission may remove an assistant or special assistant State fire marshal for just cause by a majority decision: on the recommendation of the State Fire Marshal; and after an administrative hearing.

The State Fire Marshal shall enforce: all laws of the State that relate to: the prevention of fire; the storage, sale, and use of explosives, combustibles, or other dangerous articles, in solid, liquid, or gaseous form; the installation and maintenance of all kinds of equipment intended to control, detect, or extinguish fire; the means and adequacy of exit, in case of fire, from buildings and all other places in which individuals work, live, or congregate, except buildings that are used solely as dwelling houses for no more than two families; and the suppression of arson; the regulations adopted by the Commission under Subtitle 2 of this title; and any requirements relating to the installation of automatic sprinkler systems in new one– and two–family dwellings. By delegation of authority vested in the Commission and within policy established by the Commission, the State Fire Marshal shall implement fire safety programs in the State to minimize fire hazards and disasters and loss of life and property from these causes, including: the establishment and enforcement of fire safety practices throughout the State; preventive inspection and correction activities; coordination of fire safety programs with volunteer and career fire companies and other State agencies and political subdivisions exercising enforcement aspects; and critical analysis and evaluation of State fire loss statistics to determine problems and solutions. On request, the State Fire Marshal shall assist in fire prevention matters: a chief of a fire company or department; a legally designated fire marshal of a county or municipal corporation; or a unit or agency of the State or a county or municipal corporation. The State Fire Marshal, assistant State fire marshals, and special assistant State fire marshals shall develop for each property owned or leased by the State: fire safety procedures, including fire drills at least quarterly; and emergency evacuation procedures. Information about fire safety and emergency evacuation procedures shall be available to all State employees on request. The State Fire Marshal shall require the State unit exercising control over the property owned or leased by the State to keep records of fire drills or other exercises that relate to fire safety and emergency evacuation procedures conducted in the property. The State Fire Marshal may issue permits and licenses as required under this article. On request, the State Fire Marshal may assist police and fire authorities to dispose of hazardous devices and substances.

Subject to Title 10, Subtitle 2 of the Criminal Procedure Article, a fire department or rescue squad of the State or a political subdivision of the State, a volunteer fire company or rescue squad, or an ambulance service licensed under § 13-515 of the Education Article may request the State Fire Marshal or other authorized agency that has access to the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services to conduct an initial criminal history records check on an applicant for employment or appointment as a volunteer or career firefighter, rescue squad member, or paramedic. The request shall be made on the form required by the State Fire Marshal. An applicant for employment or appointment as a volunteer or career firefighter, rescue squad member, or paramedic shall provide a classifiable set of fingerprints in accordance with paragraphs (2) and (3) of this subsection: for submission to the Criminal Justice Information System Central Repository for a criminal history records check; and for forwarding to the Federal Bureau of Investigation for a national criminal history records check. The applicant shall provide the fingerprints on a form approved by the Director of the Criminal Justice Information System Central Repository. On request of the State Fire Marshal or an appropriate authority designated by rule of the State Fire Marshal, the applicant shall provide the fingerprints to the State Fire Marshal or the designated authority. In a jurisdiction that has designated an assistant State fire marshal, on request of the assistant State fire marshal an applicant in the jurisdiction shall provide the fingerprints to the assistant State fire marshal. A fire department or rescue squad operated by the State or a political subdivision of the State or a volunteer fire company or rescue squad may obtain conviction and arrest records produced by a criminal history records check based on a classifiable set of fingerprints. A volunteer or career fire company or rescue squad may consider the existence of a criminal conviction in determining whether to employ or appoint an applicant.

The State Fire Marshal shall inspect for fire exits and reasonable safety standards: all institutions owned by the State or a county or municipal corporation; and all schools, theaters, churches, and other places of public assembly. The State Fire Marshal shall report the findings of an inspection and any recommendations to the individual in charge of the institution or other place that was inspected. This subsection does not apply to a building or premises actually occupied as a private dwelling. The State Fire Marshal may enter a building or premises within the jurisdiction of the State Fire Marshal at reasonable hours to conduct an inspection that the State Fire Marshal considers necessary under this subtitle. An individual, including an employee of the State Fire Marshal, may not give prior notice of an inspection authorized under this subtitle without the written approval of the State Fire Marshal or designee of the State Fire Marshal. Subject to regulations adopted by the Commission, whenever the State Fire Marshal or designee of the State Fire Marshal inspects a place of employment, a representative of the employer and an authorized employee representative shall be given an opportunity to accompany the State Fire Marshal or designee during the inspection. If there is no authorized employee representative, the State Fire Marshal or designee shall consult with a reasonable number of employees about matters of safety and health in the place of employment. In this subsection, “trade secret” means a confidential formula, pattern, device, or compilation of information that: is used in an employer’s business; gives the employer an opportunity to obtain an advantage over competitors who do not know or use the information; and is known only to the employer and those employees to whom it is necessary to confide the information. Except as provided in subparagraph (ii) of this paragraph, any information reported to or otherwise obtained by the State Fire Marshal or designee of the State Fire Marshal in connection with an inspection or proceeding under this subtitle that contains or might reveal a trade secret is confidential. Information described in subparagraph (i) of this paragraph may be disclosed only: to other officers or employees responsible for carrying out this subtitle; or if relevant in a proceeding under this subtitle. In a proceeding under this subtitle, the State Fire Marshal, designee of the State Fire Marshal, or a court of competent jurisdiction, as applicable, shall issue appropriate orders to protect the confidentiality of a trade secret.

Except as provided in paragraph (2) of this subsection, the State Fire Marshal shall collect the fees established by the Commission under § 6-206 of this title for conducting inspections. The State Fire Marshal may not collect a fee for inspecting property that is owned by: the State or a county or municipal corporation; or a government-affiliated or volunteer fire, rescue, or emergency medical services entity. In this subsection, “plan review” means the review of all construction drawings and specifications for commercial and residential construction. “Plan review” includes the review of site, architectural, mechanical, electrical, sprinkler, fire alarm, and special extinguishing systems drawings and specifications. This subsection does not apply to: construction of one- and two-family dwellings; or construction for which plan review is conducted by the local authority. The State Fire Marshal shall collect the fees established by the Commission under § 6-206 of this title for reviewing building plans to ensure compliance with the State Fire Prevention Code. The fee for plan review shall be submitted with the plans. The State Fire Marshal shall: keep records of all fees collected under this section; and pay the money collected under this section into the General Fund.

At any time, the State Fire Marshal may investigate the origin or circumstances of a fire or explosion or an attempt to cause a fire or explosion that occurs in the State. At any time, the State Fire Marshal: may enter into and examine a building or premises where a fire is burning or where a fire or attempt to cause a fire has occurred; may enter into a building or premises adjacent to a building or premises where a fire or attempt to cause a fire has occurred; and may take full control and custody of the building or premises and place an individual that the State Fire Marshal considers proper in charge of the building or premises, until the examination and investigation of the State Fire Marshal is completed.

The State Fire Marshal may: take the testimony under oath of any person suspected to know or to have the means to know any facts that relate to the matter that is the subject of the inspection or investigation; and cause the testimony to be reduced to writing. The State Fire Marshal shall transmit a copy of the testimony taken under paragraph (1) of this subsection to the State’s Attorney for the county where the fire or explosion or attempt to cause a fire or explosion occurred. The State Fire Marshal may: issue subpoenas requiring the attendance of witnesses to testify in relation to any matter that is the subject of an investigation by the State Fire Marshal under this subtitle; issue subpoenas requiring the production of documents that relate to any matter that is the subject of an investigation by the State Fire Marshal under this subtitle; and administer oaths to witnesses. A person who testifies falsely under oath in a matter or proceeding of the State Fire Marshal under this subtitle is guilty of perjury and on conviction is subject to the penalties for perjury.

If in the judgment of the State Fire Marshal testimony taken under oath discloses that a fire or explosion or an attempt to cause a fire or explosion was of incendiary origin or was related to a destructive device, as defined in § 4-501 of the Criminal Law Article, the State Fire Marshal may arrest the suspected incendiary or cause the suspected incendiary to be arrested and charged. If on investigation the State Fire Marshal has probable cause to believe that a person has committed or has attempted to commit a crime that involves a fire, fire bombing, or false alarm, or that involves the possession or manufacture of destructive devices or explosive substances, fireworks, or fire bombs, the State Fire Marshal may arrest that person or cause the person to be arrested and charged.

At the request of the governing body of a county or municipal corporation of the State, the State Fire Marshal shall make a written report of the investigation of a fire that occurred within that county or municipal corporation. At the request of the owner or insurer of property destroyed or damaged by fire or explosion, or in which an attempt to cause a fire or explosion may have occurred, the State Fire Marshal shall make a written report of the result of the investigation regarding the property.

The State Fire Marshal, a designee of the State Fire Marshal, a full-time fire investigator who is a member of a fire department, or a police officer may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a vehicle, building, or premises where a fire has occurred to conduct a search to determine the cause and origin of the fire. An application under subsection (a) of this section shall: be in writing; be signed and sworn to by the applicant; and particularly describe the vehicle, building, or premises to be searched and the nature, scope, and purpose of the search to be performed by the applicant. A judge of the District Court or a circuit court may issue the warrant on finding that: a fire of undetermined origin has occurred; the scope of the proposed search is reasonable and will not intrude unnecessarily on the fire victim’s privacy; the search will be executed at a reasonable and convenient time; and the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort, the applicant has been unable to locate any of these individuals. An administrative search warrant issued under this section shall specify the vehicle, building, or premises to be searched. The search conducted may not exceed the limits specified in the warrant. An administrative search warrant issued under this section shall be executed and returned to the judge who issued it within: the time specified in the warrant, not exceeding 30 days; or if no time period is specified in the warrant, 15 days after its issuance.

The State Fire Marshal, a designee of the State Fire Marshal, or a full-time fire prevention inspector who is employed by a fire department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a building or premises to conduct a fire prevention inspection. An application under subsection (a) of this section shall: be in writing; be signed and sworn to by the applicant; and particularly describe the building or premises to be searched and the nature, scope, and purpose of the search to be performed by the applicant. A judge of the District Court or a circuit court may issue the warrant on finding that: the applicant is authorized or required by law to make the inspection; the applicant has demonstrated that the inspection of the premises is sought as a result of: evidence of an existing violation of this article that relates to fire safety, the State Fire Prevention Code, or a local fire prevention code, if applicable; or a general and neutral administrative plan to conduct fire prevention inspections; the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort, the applicant has been unable to locate any of these individuals; and the inspection is sought for safety related purposes. An administrative search warrant issued under this section shall specify the building or premises to be searched. The inspection conducted may not exceed the limits specified in the warrant. An administrative search warrant issued under this section shall be executed and returned to the judge who issued it within: the time specified in the warrant, not exceeding 30 days; or if no time period is specified in the warrant, 15 days after its issuance. Information obtained in accordance with an administrative search warrant under this section is confidential and may not be disclosed except: to the extent used in an administrative or judicial proceeding that arises out of a violation that relates to the purpose for which the warrant was issued and within the scope of the warrant; or to an owner or occupant of the building or premises.

A person may not erect, construct, reconstruct, alter, maintain, or use a building, structure, or equipment or use land: in a way that endangers life or property due to the hazards of fire or explosion; or in violation of any regulation adopted by the Commission under § 6-206 of this title. Each day on which a violation of this section continues after knowledge or official notice of the violation is a separate offense.

The State Fire Marshal may issue a reasonable abatement order if the State Fire Marshal: determines that a building or structure has been constructed, altered, or repaired in a manner that violates a regulation adopted by the Commission before the construction, alteration, or repairs began; determines that a building or structure: is a fire hazard because of disrepair, age, dilapidated or abandoned condition, or for any other reason; and endangers other buildings and property; or finds in a building or on premises a combustible, flammable, or explosive substance or material, or other condition dangerous to the safety of individuals who occupy the building or premises and adjacent premises or property. An abatement order under this section shall: be in writing; be directed to the owner or occupant of the building, structure, or premises; and contain a notice that: compliance with the order is required within the time specified in the notice; and any person aggrieved by the order may file an appeal from the order in accordance with Subtitle 5 of this title. The abatement order may order: the repair or demolition of the building or structure or the removal of the combustible, flammable, or explosive substance or material; and the remedying of any condition found to be in violation of a regulation adopted by the Commission or to be dangerous to the safety of individuals or property.

An abatement order directed to the occupant of the premises shall be served within 5 days after the order is issued: by delivering a true copy of the order to the occupant or to an adult who is apparently in charge of the premises; or if no occupant or adult is found on the premises: by posting a true copy of the order in a conspicuous place on the door or other prominent entrance to the premises; and by mailing a copy of the order by certified mail, return receipt requested, to the occupant at the occupant’s last known address; or if the address of the occupant is not known, by mailing a copy of the order by certified mail, return receipt requested, to the occupant in care of general delivery at the post office that serves the community where the premises are located. An abatement order directed to the owner of the premises shall be served within 5 days after the order is issued: by delivering a true copy of the order to the owner; or if the owner is absent from the State or the owner’s whereabouts are unknown to the State Fire Marshal: by posting a true copy of the order in a conspicuous place on the door or other prominent entrance to the premises; and by mailing a copy of the order by certified mail, return receipt requested, to the owner at the owner’s last known address; or if the address of the owner is not known, by mailing a copy of the order by certified mail, return receipt requested, to the owner in care of general delivery at the post office that serves the community where the premises are located.

If an owner or occupant of a building, structure, or premises who is served with a copy of an abatement order in accordance with § 6-319 of this subtitle fails to comply with the order within 30 days after the order is issued, or within 30 days after a court’s affirmation of the order becomes final, the State Fire Marshal: may enter the building, structure, or premises affected by the order; and at the expense of the owner or occupant, may cause: the building, structure, or premises to be repaired or demolished; the combustible, flammable, or explosive materials to be removed; and the dangerous conditions to be remedied. If the owner or occupant fails to reimburse the State Fire Marshal for the expenses incurred by the State Fire Marshal under subsection (a) of this section within 30 days after written demand is mailed to the owner or occupant at the owner’s or occupant’s last known address, the State Fire Marshal may sue in the name of the State to recover the expenses, with interest, in a court of competent jurisdiction. If the owner or occupant fails to comply with the abatement order after the period of time specified in subsection (a) of this section, the governing body of a county or municipal corporation may cooperate with the State Fire Marshal in repairing, demolishing, or otherwise remedying dangerous conditions in a building or structure in the county or municipal corporation. A lien shall attach to the property on which the building or structure stood in the amount of the expense of the work done by the county or municipal corporation.

If a building, structure, or equipment is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used, or if land is or is proposed to be used in a way that endangers life or property due to the hazards of fire or explosion or in violation of this article or of any regulation adopted by the Commission under this article, the Commission, State Fire Marshal, or Attorney General may, in addition to other remedies provided by law, file an action for injunction, mandamus, or abatement or any other appropriate action to prevent, enjoin, abate, or remove the unlawful erection, construction, reconstruction, alteration, maintenance, or use.

The exercise of all powers and authority and the performance of all duties and functions vested in the State Fire Marshal under this article are subject to the powers and authority of the Secretary set forth in Title 2 of this article or elsewhere in State law.