Ch. 5                                       2003 LAWS OF MARYLAND

Defined terms: "Commission" § 6-101
"County" § 1-101

6-309. INVESTIGATIONS.

(A)     POWER TO INVESTIGATE FIRES AND EXPLOSIONS.

AT ANY TIME, THE STATE FIRE MARSHAL MAY INVESTIGATE THE ORIGIN OR
CIRCUMSTANCES OF A FIRE OR EXPLOSION OR AN ATTEMPT TO CAUSE A FIRE OR
EXPLOSION THAT OCCURS IN THE STATE.

(B)     ENTRY INTO BUILDINGS AND PREMISES.
AT ANY TIME, THE STATE FIRE MARSHAL:

(1)      MAY ENTER INTO AND EXAMINE A BUILDING OR PREMISES WHERE A
FIRE IS BURNING OR WHERE A FIRE OR ATTEMPT TO CAUSE A FIRE HAS OCCURRED;

(2)      MAY ENTER INTO A BUILDING OR PREMISES ADJACENT TO A
BUILDING OR PREMISES WHERE A FIRE OR ATTEMPT TO CAUSE A FIRE HAS
OCCURRED; AND

(3)      MAY TAKE FULL CONTROL AND CUSTODY OF THE BUILDING OR
PREMISES AND PLACE AN INDIVIDUAL THAT THE STATE FIRE MARSHAL CONSIDERS
PROPER IN CHARGE OF THE BUILDING OR PREMISES, UNTIL THE EXAMINATION AND
INVESTIGATION OF THE STATE FIRE MARSHAL IS COMPLETED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 8(f).

In the introductory language of subsection (b) of this section, the phrase
"[a]t any time" is substituted for the former phrase "at all times of the day
or night" for brevity.

In subsection (b)(1) of this section, the former phrase "in performance of
the duties imposed by the provisions of this article" is deleted as implicit
and unnecessary. Similarly, in subsection (b)(2) of this section, the former
phrase "should he deem it necessary in the proper discharge of his duties"
is deleted.

In subsection (b)(2) of this section, the reference to "premises" is added for
consistency with subsection (b)(1) and (3) of this section.

6-310. TESTIMONY.

(A) IN GENERAL.

(1) THE STATE FIRE MARSHAL MAY:

(I)      TAKE THE TESTIMONY UNDER OATH OF ANY PERSON
SUSPECTED TO KNOW OR TO HAVE THE MEANS TO KNOW ANY FACTS THAT RELATE
TO THE MATTER THAT IS THE SUBJECT OF THE INSPECTION OR INVESTIGATION; AND

(II)     CAUSE THE TESTIMONY TO BE REDUCED TO WRITING.

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