2618

LAWS OF MARYLAND

Ch. 512

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 38A - Fires and Investigations

8A.

(A)  THE STATE FIRE MARSHAL OR HIS DESIGNEE, 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 ANY
FACTORY, WAREHOUSE, VEHICLE, RESIDENCE, BUILDING, ESTABLISHMENT,
OR OTHER PREMISES WHERE A FIRE HAS OCCURRED TO CONDUCT A SEARCH
TO DETERMINE THE CAUSE AND ORIGIN OF THE FIRE.

(B)  THE APPLICATION SHALL BE IN WRITING AND SIGNED AND
SWORN TO BY THE APPLICANT AND SHALL 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.

(C)  A JUDGE OF A COURT REFERRED TO IN SUBSECTION (A) OF
THIS SECTION MAY ISSUE THE WARRANT ON FINDING THAT:

(1)  A FIRE OF UNDETERMINED ORIGIN HAS OCCURRED ON THE
PREMISES;

(2)  THE SCOPE OF THE PROPOSED SEARCH IS REASONABLE
AND WILL NOT INTRUDE UNNECESSARILY ON THE FIRE VICTIM'S PRIVACY:

(3)  THE SEARCH WILL BE EXECUTED AT A REASONABLE AND
CONVENIENT TIME; AND

(4)  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.

(D)  AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION SHALL SPECIFY THE PLACE, STRUCTURE, PREMISES, OR VEHICLE
TO BE SEARCHED. THE SEARCH CONDUCTED MAY NOT EXCEED THE LIMITS
SPECIFIED IN THIS WARRANT.

(E)  AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION SHALL BE EXECUTED AND RETURNED TO THE JUDGE BY WHOM IT
WAS ISSUED WITHIN:

(1)  THE TIME SPECIFIED IN THE WARRANT, NOT TO EXCEED
30 DAYS; OR

(2)  IF NO TIME PERIOD IS SPECIFIED IN THE WARRANT, 15
DAYS FROM THE DATE OF ITS ISSUANCE.