ROBERT L. EHRLICH, JR., Governor

Ch. 5

(B)     AUTHORITY TO CONDUCT INSPECTIONS AS NECESSARY.

(1)      THIS SUBSECTION DOES NOT APPLY TO A BUILDING OR PREMISES
ACTUALLY OCCUPIED AS A PRIVATE DWELLING.-

(2)      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.

(C)     PRIOR NOTICE PROHIBITED.

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.

(D)     INSPECTION OF PLACE OF EMPLOYMENT.

(1)      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.

(2)      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.

(E)     PROTECTION OF TRADE SECRETS.

(1)      IN THIS SUBSECTION, "TRADE SECRET" MEANS A CONFIDENTIAL
FORMULA, PATTERN, DEVICE, OR COMPILATION OF INFORMATION THAT:

(I)      IS USED IN AN EMPLOYER'S BUSINESS;

(II)     GIVES THE EMPLOYER AN OPPORTUNITY TO OBTAIN AN
ADVANTAGE OVER COMPETITORS WHO DO NOT KNOW OR USE THE INFORMATION;
AND

(III)   IS KNOWN ONLY TO THE EMPLOYER AND THOSE EMPLOYEES
TO WHOM IT IS NECESSARY TO CONFIDE THE INFORMATION.

(2)      (I) 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.

(II) INFORMATION DESCRIBED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH MAY BE DISCLOSED ONLY:

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