ROBERT L. EHRLICH, JR., Governor

Ch. 5

(1)      TO THE EXTENT USED IN AN ADMINISTRATIVE OR JUDICIAL
PROCEEDING THAT ARISES OUT OF A VIOLATION THAT RELATES TO THE PURPOSE
FOR WHICH THE WARRANT WAS ISSUED AND WITHIN THE SCOPE OF THE WARRANT;
OR

(2)      TO AN OWNER OR OCCUPANT OF THE BUILDING OR PREMISES.

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

In subsection (a) of this section, the former specific references to a
"factory", "warehouse", and "establishment" are deleted as included in the
general references to a "building" or "premises".

In subsections (b)(3), (d)(1), and (f)(2) of this section, the references to the
"building" or "premises" are added for consistency within this section.

In subsection (c)(2)(i) of this section, the reference to a violation of this
article "that relates to fire safety" is added to clarify that only certain
violations of this article may be the basis for an administrative search
warrant.

6-317. MAINTENANCE OF FIRE HAZARD PROHIBITED.

(A)     IN GENERAL.

A PERSON MAY NOT ERECT, CONSTRUCT, RECONSTRUCT, ALTER, MAINTAIN, OR
USE A BUILDING, STRUCTURE, OR EQUIPMENT OR USE LAND:

(1)      IN A WAY THAT ENDANGERS LIFE OR PROPERTY DUE TO THE
HAZARDS OF FIRE OR EXPLOSION; OR

(2)      IN VIOLATION OF ANY REGULATION ADOPTED BY THE COMMISSION
UNDER § 6-206 OF THIS TITLE.

(B)     SEPARATE OFFENSES.

EACH DAY ON WHICH A VIOLATION OF THIS SECTION CONTINUES AFTER
KNOWLEDGE OR OFFICIAL NOTICE OF THE VIOLATION IS A SEPARATE OFFENSE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, §§ 9(a) and 13(b).

In subsection (a)(2) of this section, the specific reference to "§ 6-206 of this
title" is substituted for the former general reference "under the authority
of this article" for clarity and precision.

Also in subsection (a)(2) of this section, the former reference to "any
change" of any regulation is deleted as unnecessary in light of Art. 1, § 21,
which provides that a reference to the Code or any other law applies to any
subsequent amendment.

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

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