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LAWS OF MARYLAND

Ch. 311

CHAPTER 311

(Senate Bill 248)

AN ACT concerning

Administrative Search Warrants - Fire Prevention Inspections

FOR the purpose of authorizing a judge of the District' Court or
Circuit Court to issue an administrative search warrant
under certain circumstances to certain individuals in order
to conduct a fire prevention inspection; requiring that the
application for an administrative search warrant contain
certain information; providing for the execution and return
of the warrant; providing that information obtained pursuant
to an administrative search shall not be considered
confidential as to the owner or occupant of the premises;;
providing certain exceptions to the confidentiality of
information obtained; and generally relating to
administrative search warrants for conducting fire
prevention inspections.

BY adding to

Article 38A - Fires and Investigations

Section 8B

Annotated Code of Maryland

(1982 Replacement Volume and 1985 Supplement)

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

Article 38A - Fires and Investigations

8B.

(A)  THE STATE FIRE MARSHAL OR HIS DESIGNEE OR A FULL-TIME
FIRE PREVENTION INSPECTOR WHO IS A MEMBER OF EMPLOYED BY A FIRE
DEPARTMENT MAY APPLY TO A JUDGE OF THE DISTRICT COURT OR A
CIRCUIT COURT FOR AN ADMINISTRATIVE SEARCH WARRANT TO ENTER ANY
FACTORY, WAREHOUSE, BUILDING, ESTABLISHMENT, OR OTHER PREMISES TO
CONDUCT A FIRE PREVENTION INSPECTION.

(B)  THE APPLICATION SHALL BE IN WRITING AND SIGNED AND
SWORN TO BY THE APPLICANT AND SHALL PARTICULARLY DESCRIBE THE
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) THE APPLICANT IS AUTHORIZED OR REQUIRED BY LAW TO
MAKE THE INSPECTION;

I