HARRY HUGHES, Governor

2859

and an authorized representative of his employees shall be
given an opportunity to accompany the State Fire Marshal or
his designee during any inspection of any place of
employment. Where there is no authorized employee
representative, the State Fire Marshal or his designee shall
consult with a reasonable number of employees concerning
matters of safety and health in the place of employment.]

[(3)] (2) All information reported to or
otherwise obtained by the State Fire Marshal or his designee
in connection with any inspection or proceeding under this
subtitle which contains or might reveal a trade secret as
defined hereafter shall be considered confidential, except
that such information may be disclosed to other officers or
employees concerned with carrying out this subtitle or when
relevant in any proceeding under this subtitle. In any such
proceeding the State Fire Marshal, his designee, or a court
of competent jurisdiction, as the case may be, shall issue
such orders as may be appropriate to protect the
confidentiality of trade secrets.

[(4)](3) For the purposes of paragraph [(3)]
(2) above, trade secrets shall mean any confidential
formula, pattern, device or compilation of information which
is used in the employer's business and which gives him an
opportunity to obtain an advantage over competitors who do
not know or use it. It is known only to the employer and
those employees to whom it is necessary to confide it.

[(5)](4) It shall be unlawful for any
individual, including but not limited to employees of the
State Fire Marshal, from giving prior notice of any
inspection as authorized by this subtitle, without the
written approval of the State Fire Marshal or his designee.

(f)  The State Fire Marshal may at any time investigate
as to the origin or circumstances of any fire or explosion
or attempt to cause fire or explosion occurring in the
State. The State Fire Marshal shall have the authority at
all times of the day or night, in performance of the duties
imposed by the provisions of this article, to enter upon and
examine any building or premises where any fires or attempt
to cause fires shall have occurred, or which at the time may
be burning, and also the power to enter upon at any time any
building adjacent to that in which the fire or attempt to
cause fires occurred, should he deem it necessary in the
proper discharge of his duties; and he may, in the exercise
of his discretion, take full control and custody of the said
buildings and premises, and place such person in charge
thereof as he may deem proper, until his examination and
investigation shall be completed.

(g)  (1) The State Fire Marshal, in making this
inspection or investigation, may, when in his judgment
necessary, take the testimony on oath of all persons