Ch. 5

2003 LAWS OF MARYLAND

(2) IN A HOSPITAL, NURSING HOME, INSTITUTION, OR SCHOOL THAT IS
LICENSED BY THE STATE OR THAT RECEIVES ANY MONEY FROM THE STATE OR
FEDERAL GOVERNMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 14A(c).

In item (2) of this section, the reference to a hospital, nursing home,
institution, or school "that is licensed by the State or that receives any
money from the State or federal government" is substituted for the former
reference to a hospital, nursing home, institution, or school "where State
licenses or State or federal moneys are involved" for clarity.

SUBTITLE 5. APPEALS.
6-501. RIGHT TO FILE APPEAL.

AN APPEAL TO THE COMMISSION MAY BE TAKEN BY:

(1)      A PERSON WHO IS AGGRIEVED BY AN ORDER OR DECISION OF THE
STATE FIRE MARSHAL MADE IN THE ADMINISTRATION OR ENFORCEMENT OF THIS
ARTICLE; OR

(2)      AN OFFICER, UNIT, OR AGENCY OF THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE THAT IS AFFECTED BY AN ORDER OR DECISION OF THE
STATE FIRE MARSHAL MADE IN THE ADMINISTRATION OR ENFORCEMENT OF THIS
ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 14(a).

In items (1) and (2) of this section, the former references to an appeal by
certain persons aggrieved or affected by an order or decision of the State
Fire Marshal made in the administration or enforcement of "this article"
are retained. Although "this article" referred only to former Article 38A,
and the Public Safety Article is derived, in part, from provisions outside of
former Article 38A, retaining that reference does not constitute a
substantive change. The authority of the State Fire Marshal to issue an
order or decision under this article is the same as under former Article
38A, and therefore the circumstances under which an appeal may be taken
remain unchanged.

In item (1) of this section, the former reference to an order or decision
"based upon" the administration or enforcement of this article is deleted as
unnecessary in light of the reference to an order or decision "made in" the
administration or enforcement of this article.

In item (2) of this section, the reference to an order or decision "made" in
the administration or enforcement of this article is added for clarity and
consistency with item (1) of this section.

Also in item (2) of this section, the reference to a "unit" of the State is

- 322 -