This chapter establishes a schedule of fees to be used by the State Fire Marshal to at least cover the administrative costs associated with the review of building plans, inspection of new and existing buildings, and fire suppression, detection, and alarm systems to ensure compliance with applicable fire prevention codes. This chapter does not apply to any municipal corporation or county that has adopted, before the effective date of this chapter, an ordinance or regulation that establishes a fee schedule for building inspections or plans review. Municipal or County Corporations. The fee schedule established by the State Fire Prevention Commission may be used, amended, or referenced by a municipal or county corporation that chooses to establish its own fee schedule. A municipal or county corporation establishing its own fee schedule shall be responsible for administering its own: Plan reviews or inspections; Fee processing; and Payment collection. Occupancies are defined and classified as required by the National Fire Protection Association (NFPA) 101 “Life Safety Code” as incorporated by reference in COMAR 29.06.01. In the case of mixed occupancies when it is impractical to distinguish individual occupancy classifications, the occupancy classification is based on the predominant use and occupancy of the building or structure. Terminology and reference standards are defined and classified by the appropriate code or standard of the National Fire Protection Association as referenced in COMAR 29.06.01. In this chapter, the following terms have the meanings indicated. Terms Defined. “Code” means the State Fire Laws, Public Safety Article, Titles 6 and 9, Annotated Code of Maryland, and the State Fire Prevention Code under COMAR 29.06.01. “Fire protection system” means: Fire alarm and detection systems with a fire alarm control panel; Sprinkler, water spray, and combined sprinkler and standpipe systems; Standpipe systems and hose systems; Fire pumps and associated valves, piping, controllers, driver, and related equipment; Gaseous and chemical extinguishing systems that use gases such as halon or carbon dioxide, or dry or wet chemical compounds as the primary extinguishing agent; Foam systems that use a foaming agent to control or extinguish a fire in a flammable liquid installation, aircraft hangar, and other recognized applications; and Smoke control systems that include smoke exhaust, stair pressurization, and other recognized air-handling systems specifically designed to exhaust or control smoke, or create pressure zones to minimize the hazard of smoke spread caused by fire. “Initial inspection” means an inspection conducted for fire code compliance not generated by a previously identified fire code violation. “Local fire authority” means those municipal or county fire officials specifically authorized under Public Safety Article, Annotated Code of Maryland, to enforce the provisions of the State Fire Laws and Fire Prevention Code. “New building or condition” means a building, structure, installation, plant, equipment, renovation, or condition: For which a building permit is issued on or after the effective date of this chapter; On which actual construction is started on or after the effective date of this chapter in a jurisdiction where a building permit is not required; That represents a change from one occupancy classification to another on or after the effective date of this chapter; or That represents a situation, circumstance, or physical makeup of any structure, premise, or process that was commenced on or after the effective date of this chapter. “Reinspection” means an inspection conducted for fire code compliance generated by a previously identified fire code violation. “State fire authority” means the State Fire Marshal or legally appointed designee. Fee Computation. The amount of the fee for the following services shall be computed in accordance with Regulations .05—.07 of this chapter: Plan review, and use and occupancy inspection; Fire protection system plan review and inspection; and Fire safety inspection. Fee Payment for Plan Review and Use and Occupancy Inspections. Fees for plan review and use and occupancy inspections are payable upon receipt of an invoice from the State fire authority of: Preliminary or construction plans for the construction of a new building, addition, expansion, or renovation of an existing building or facility; and Plans for a fire protection system. Fee payments shall be reviewed by the State fire authority to ensure that they are in the proper amount. If a fee payment is incorrect, an invoice requesting the balance of the fee shall be sent to the person identified on the original invoice. Failure to pay the fee within the required time shall result in appropriate administrative or legal action. Further plan review or inspection action may not take place until the fee is paid in full. This may result in the delay of the issuance of a building permit, or use and occupancy permit, for the building or facility. Fee Payment for Fire Safety Inspections. Fees for fire safety inspections are payable upon receipt of an invoice from the State fire authority upon completion of the inspection. Failure to pay this fee within the specified time may result in: Administrative or legal action; No further inspection activity; Denial of the issuance or renewal of a permit or license held by the facility being inspected; and Violation of Public Safety Article, §§6-601, 6-317, 9-109, 9-206, or 9-905, Annotated Code of Maryland. The fire safety inspection fee may not be charged if the initial inspection is conducted in response to a specific complaint regarding an alleged violation of the Code. Any reinspection based on the initial inspection is subject to the fees outlined in Regulation .07C of this chapter. The fire safety inspection fee may not be charged if the initial inspection is initiated by the State fire authority. Any reinspection based on the initial inspection is subject to the fees outlined in Regulation .07C of this chapter. Payment Method. Fee payments shall be made payable to the Office of the State Fire Marshal. Cash payment is not acceptable. Fee payment shall be in the form of a check, money order, or other approved means. Disputes Over Fees. Disputes regarding the amount of the fee charged and any other matter related to the charging of a fee shall be resolved in accordance with administrative procedures adopted by the State fire authority. An appeal of an administrative finding by the State Fire Marshal may be made to the State Fire Prevention Commission in accordance with procedures in COMAR 29.06.02. Technical Assistance, Unclassified Inspections, and Special Events. Fees for technical assistance, unclassified inspections, and special events shall be based upon criteria required in Regulation .08 of this chapter. Fee Schedule. The fee schedule in this section is to be used to calculate the fee to be paid for the review of plans for and inspection of all new and existing buildings, including a change in use or occupancy. Where a local jurisdiction elects to conduct plan reviews and adopts a fee schedule for these reviews but does not conduct the inspections, the State Fire Marshal shall be permitted to reduce the fee schedule rate under this regulation by 50 percent to cover the costs of inspections conducted by the State Fire Marshal. The review and inspection is required to obtain a building permit, or a use and occupancy permit from a State or local government agency or licensing authority in order to construct, renovate, or occupy a building or facility, or install a fire protection system. Fees are as follows: Assembly occupancy — 8 cents per square foot; Educational occupancy — 10 cents per square foot; Health care occupancy — 10 cents per square foot; Detention or correctional occupancy — 10 cents per square foot; Residential occupancy — 8 cents per square foot; Mercantile occupancy — 8 cents per square foot; Business occupancy — 8 cents per square foot; Industrial occupancy — 6 cents per square foot; Storage occupancy — 6 cents per square foot; $100 per plan review or use and occupancy inspection, whichever is greater; Flammable or combustible liquid storage tank — 1 cent per gallon of maximum tank capacity or $200 per tank, whichever is greater, although tanks less than 660 gallons used to provide heating fuel or other utility service to a building or facility are exempt from the fee; Marina or pier — $120 plus $1.50 per slip; and Outside storage of flammable and combustible materials such as scrap tire, lumber, mulch, tree stumps, drums of flammable or combustible liquids, etc. — $120 per acre or fraction of an acre. The fee due shall be calculated using the appropriate rate in §A of this regulation applied to: The gross square feet per floor for a new building or tenant space or a change in its use or occupancy; The gross square feet of an area being renovated or altered; or The gross square feet per floor for a storage occupancy when a shell building without a specific occupancy or tenancy is to be built. When a shell building is built without a specific occupancy or tenancy, the appropriate occupancy fee applies when use or occupancy is determined as prescribed by a separate building permit or use and occupancy permit. The fee for a mixed occupancy shall: Be based upon the fee schedule in §A of this regulation for each occupancy; Be the cumulative total of the fee for each occupancy; and Reflect the predominant classification of the building or structure when a separate fee for each occupancy cannot be determined. A change in use or occupancy of a building or tenant space shall be calculated at the same rate as a new building. The fee for a building or tenant space occupied without completion of a plan review shall be based upon the fee schedule in §A of this regulation. A 50 percent refund of the fees in §§A—F of this regulation may be refunded if a permit to construct is denied by a permit or licensing authority, or if the applicant abandons the project before construction, for whatever reason. The applicant may request a refund within 6 months of official notification of the denial of the permit, license, or issuance of a building permit by the respective authority. A renewal of the permit or resumption of construction requires a new submittal of plans for the remaining work and payment of the full fee. The fee schedule that follows in this section is to be used to calculate the fee to be paid for plan review and inspection of the fire protection systems specified: Fire alarm and detection system—$150 per fire alarm control panel, plus $2 per fire alarm initiating and indicating device; Sprinkler, water spray, and combined sprinkler and standpipe system: $2 per sprinkler head and $3 per extended coverage sprinkler head or $150 per system, whichever is greater; and $100 for each additional hydrostatic test; or $75 per dwelling unit for one-family and two-family dwellings; Standpipe and hose system—$50 per 100 linear feet of piping or fraction of 100 linear feet, or $150 per system, whichever is greater; Fire pump—50 cents per gallon per minute (gpm) of rated pump capacity or $300 per pump, whichever is greater, although this fee does not apply to limited service pumps for residential sprinkler systems as permitted for NFPA 13D systems; Water storage tanks—$100 per tank, although this fee does not apply to residential sprinkler system tanks as permitted for NFPA 13D systems; Gaseous and chemical extinguishing system — The greater of: $1 per pound of gaseous or dry chemical extinguishing agent, although this fee does not apply to a reserve supply of extinguishing agent; $100 per 30,000 cubic feet of volume of the portion of protected space; or $150 per system; and $150 per wet chemical extinguishing system; Foam system—$100 per nozzle or local applicator device plus $2 per sprinkler head for a combined sprinkler and foam system, or $150 per system, whichever is greater; Smoke control system—$100 per 50,000 cubic feet of volume or the portion of the protected or controlled space, up to a maximum of $1,500 per system, or $300 per system, whichever is greater. The fees also include, for a: Fire alarm and detection system: Plan review and inspection of a complete system of: Wiring, Controls, Alarm and detection equipment, and Related appurtenances; and One final acceptance test of the installed system; Sprinkler, water spray, and combined sprinkler and standpipe system: Plan review and inspection of: Shop drawings, Hydraulic calculations, Piping, Control valves, and Connections and other related equipment and appurtenances; One underground flush test; One hydrostatic test; One forward flow test of the backflow preventer; and One final acceptance test; Standpipe and hose system: Plan review and inspection of a complete system of: Shop drawings, Control valves, Piping, and Connections and other related equipment and appurtenances; One flush test; One hydrostatic test; and One final acceptance test; Fire pump: Plan review and inspection of a complete system of: Pumps and all associated valves, Piping, Controllers, Driver and other related equipment and appurtenances; and One pump acceptance test per pump; Gaseous or chemical extinguishing system: Plan review and inspection of a complete system of: Piping, Controls, and Equipment and other appurtenances; and One performance or acceptance test; Foam system: Plan review and inspection of a complete system of: Piping, Controls, Nozzles, and Equipment and related appurtenances; and One flush test; One hydrostatic test; and One final acceptance test; Smoke control system: Plan review and inspection of system components; and One performance or acceptance test. Final acceptance tests are to be witnessed by a State fire authority in accordance with administrative procedures established by that authority. A fee applies if the tests outlined in §B of this regulation reveal that the system being inspected or tested does not meet applicable standards as follows: First reinspection or retest—$200; and Each additional reinspection or retest—$250. The fee schedule in this regulation is to be used to calculate the fee to be paid for a general fire safety inspection. Specific testing of certain specialized fire protection systems and equipment may be required by qualified maintenance personnel or a contractor at the owner's expense. The following fees are to be applied based upon the occupancy classification for the building: Assembly occupancy: 1,001 or more individuals—$360; 301 to 1,000 individuals—$240; 50 to 300 individuals—$120; Fairgrounds, for properties with: Nine buildings or less—$240; Ten buildings or more—$480; Educational occupancy: Elementary school, which includes kindergarten and prekindergarten facilities—$120; Middle or junior high school—$180; Senior high school—$180; Family or group day care homes: Initial inspection—$75; Renewal inspection—$50; Nursery or day care centers—$100; Health care occupancy: Ambulatory health care center—$180 per 3,000 square feet or fraction of 3,000 square feet; Hospital, nursing home, and limited care facility—$120 per building plus $2.50 per patient bed; Detention and correctional occupancy—$120 per building plus $2.50 per rated bed capacity; Residential occupancy: Hotel and motel—$120 per building plus $2.50 per guest room or suite; Dormitory—$120 per building plus $2.50 per bed; Apartment—$120 per building plus $2.50 per apartment; Lodging or rooming house—$120 per building plus $2.50 per bed; One and two family dwelling, including alternate living units and foster care homes—$75; Board and care home—$120 per building plus $2.50 per bed; Mercantile occupancy: Class A—over 30,000 square feet—$300; Class B—3,000 to 30,000 square feet—$150; Class C—less than 3,000 square feet—$100; Business occupancy—$120 per 3,000 square feet or fraction of 3,000 square feet; Industrial or storage occupancy: Low or ordinary hazard—$120 per 5,000 square feet or fraction of 5,000 square feet; High hazard—$200 per 5,000 square feet or fraction of 5,000 square feet; Manufactured homes sites and communities—$120 per facility plus $2.50 per site; Campgrounds: Vehicular campgrounds—$120 per facility plus $2.50 per campsite; Campgrounds with sleeping accommodations—$180 per facility plus $2.50 per bed; Campgrounds without sleeping accommodations—$120 per facility; Outside storage of combustible materials, for example, scrap tires, lumber, mulch, tree stumps, etc.—$60 per acre or fraction of an acre; Outside storage of flammable or combustible liquids/gases (drums or tanks)—$120 per 5,000 square feet or fraction of 5,000 square feet; and Marinas and piers—$120 plus $1.50 per slip. A fee applies if more than one reinspection outlined in §B of this regulation is required to correct a previously identified code violation as follows: Second reinspection—$200; and Each additional reinspection—$250. The fee schedule in this regulation is used to calculate the fee to provide technical assistance or unclassified inspections, including special events, in the form of plan review or on-site inspections. A separate technical assistance fee shall be charged at the following rate and prorated to the nearest 1/2 hour: Deputy fire marshal or fire safety inspector—$75 per hour; and Fire protection engineer—$100 per hour. Travel time to and from the meeting or inspection site shall be included when computing the fee. When requested, a reasonable time to prepare written reports or research subsequent Code-related issues shall be included when computing the fee. The fee shall be charged to the person officially requesting assistance and is payable upon receipt of an itemized invoice submitted in accordance with administrative procedures established by State fire authorities. Failure to pay the fee within the required time shall result in appropriate administrative or legal action. Further plan review or inspection action may not take place until the fee is paid in full. This may result in delay of the issuance of a building permit, or use and occupancy permit for the building or facility. Fees collected by the State shall be deposited in the general fund of the State for the services provided. Fees shall be collected and processed in accordance with fiscal procedures established by the State for the collection, disbursement, and accounting of funds. Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland Effective date: August 30, 1993 (20:17 Md. R. 1347) Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733) Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606) Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510) Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113) Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25) Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336) Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113) Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336) Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510) Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510) Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)