Montgomery County                               2411

the Montgomery County Code 1965, by repealing and re-enacting with
amendments, Section 86-5, titled "Right of entry," to authorize the
County to enforce orders to repair or vacate unsafe buildings and to
authorize the County Executive, Superintendent of Police and Fire
Marshal or their authorized representatives to enter buildings and
other structures (other than private residences) to perform duties
under, and enforce the provisions of, the Fire Prevention Code.

Be It Enacted by the County Council for Montgomery County, Mary-
land, that—

Section 1. Section 25-3, Chapter 25, titled "Unsafe Buildings," of the
Montgomery County Code 1965, is hereby repealed and re-enacted, with
amendments, to read as follows:

25-3. County to enforce compliance with orders.

Upon the failure of any person to comply with the provisions of any
order issued under this Chapter within the time specified therein, the
County shall take such action as may be necessary to vacate and close the
building or structure and shall cause a notice to be posted thereon stating
that the premises are not safe for human habitation or occupancy.

Section 2. Section 86-5, Chapter 86, titled "Fire Prevention Code," of
the Montgomery County Code 1965, is hereby repealed and re-enacted,
with amendments, to read as follows:

86-5. Right of Entry.

The County Executive, Superintendent of Police and the Fire Mar-
shal or their authorized representatives, upon exhibiting the proper
credentials or proof of identity on request, shall have the right to enter any
building, structure or premises (except private residences) without con-
sent of the occupants, at any time during business or operating hours, and
at such other times as may be necessary in an emergency that immediately
endangers life, property or public safety, for the purpose of performing
duties under this Chapter or enforcing the provisions thereof. In the case
of multiple dwellings, they shall have such right to enter without consent
only those spaces to which the public is ordinarily admitted, such as
hallways, basements and similar spaces; provided, however, that such
authorities may enter any private residence or dwelling for the purpose of
enforcing this Chapter with the consent of the occupant thereof, or with-
out such consent if they shall first obtain a search warrant in accordance
with prescribed legal procedure, or if there is a present emergency such
as a fire, explosion or the like, or immediately following such emergency.

Section 3. Severability.

The provisions of this Act are severable and if any provision, sentence,
clause, section or part thereof is held illegal, invalid or unconstitutional or
inapplicable to any person or circumstances such illegality, invalidity or
unconstitutionally, or inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections or parts of the Act or
their application to other persons or circumstances. It is hereby declared
to be the legislative intent that this Act would have been adopted if such
illegal, invalid or unconstitutional provision, sentence, clause, section or
part had not been included therein, and if the person or circumstances to
which the Act or any part thereof is inapplicable had been specifically
exempted therefrom.

Section 4. Effective date.

This Act shall take effect on December 7, 1970.