Ch. 5

2003 LAWS OF MARYLAND

(1)      THE COMMISSION SHALL ADOPT REGULATIONS TO ESTABLISH AND
ADMINISTER A FEE SCHEDULE FOR:

(I)      REVIEWING BUILDING PLANS TO ENSURE COMPLIANCE WITH
THE STATE FIRE PREVENTION CODE; AND

(II)     CONDUCTING INSPECTIONS IN ACCORDANCE WITH SUBTITLE 3
OF THIS TITLE.

(2)      THE COMMISSION SHALL REVIEW THE FEE SCHEDULE ANNUALLY
TO ENSURE THAT THE MONEY COLLECTED AT LEAST COVERS THE COSTS OF
ADMINISTERING PLAN REVIEW AND CONDUCTING INSPECTIONS.

(3)      THIS SUBSECTION DOES NOT LIMIT THE AUTHORITY OF A LOCAL
AUTHORITY TO ESTABLISH A FEE SCHEDULE FOR PLAN REVIEW AND INSPECTIONS
CONDUCTED BY THE LOCAL AUTHORITY.

(C)     HEARINGS.

(1)      BEFORE ADOPTING A REGULATION, THE COMMISSION SHALL HOLD
AT LEAST ONE PUBLIC HEARING ON THE PROPOSED REGULATION.

(2)      (I) THE COMMISSION SHALL PUBLISH NOTICE OF THE HEARING AT
LEAST 15 DAYS BEFORE THE HEARING IN A NEWSPAPER OF GENERAL CIRCULATION
IN THE STATE.

(II)     AT THE SAME TIME, THE COMMISSION SHALL SEND A COPY OF
THE NOTICE TO EACH PERSON WHO HAS FILED A REQUEST FOR NOTIFICATION WITH
THE COMMISSION.

(III)   THE NOTICE SHALL CONTAIN THE TIME, PLACE, AND SUBJECT
OF THE HEARING AND THE PLACE AND TIMES TO EXAMINE THE PROPOSED
REGULATION.

(D)     MORE STRINGENT LAW GOVERNS.

(1)      THE STATE FIRE PREVENTION CODE ESTABLISHES THE MINIMUM
REQUIREMENTS TO PROTECT LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND
EXPLOSION.

(2)      IF A STATE OR LOCAL LAW OR REGULATION IS MORE STRINGENT
THAN THE STATE FIRE PREVENTION CODE, THE MORE STRINGENT LAW OR
REGULATION GOVERNS IF THE MORE STRINGENT LAW OR REGULATION IS:

(I)      NOT INCONSISTENT WITH THE STATE FIRE PREVENTION CODE;
AND

(II)     NOT CONTRARY TO RECOGNIZED STANDARDS AND GOOD
ENGINEERING PRACTICES.

(3)      IF THERE IS A QUESTION WHETHER A STATE OR LOCAL LAW OR
REGULATION GOVERNS, THE DECISION OF THE COMMISSION DETERMINES:

(I) WHICH LAW OR REGULATION GOVERNS; AND
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