Ch. 5

2003 LAWS OF MARYLAND

A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 DAYS OR A FINE
NOT EXCEEDING $1,000 OR BOTH.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 13(a), except as it related to violations of
regulations.

In subsection (b) of this section, the reference to a person who violates this
section being guilty "of a misdemeanor" is added to state expressly that
which was only implied in the former law. In this State, any crime that was
not a felony at common law and has not been declared a felony by statute
is considered to be a misdemeanor. See State v. Canova, 278 Md. 483, 490
(1976); Bowser v. State, 136 Md. 342, 345 (1920); Button v. State, 123 Md.
373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).

Also in subsection (b) of this section, the reference to a person "on
conviction" being subject to certain penalties is added to state expressly
that which was only implied in the former law, and for consistency with
other penalty provisions in this and other revised articles of the Code.

Defined term: "Person" § 1-101

SUBTITLE 3. FAST RESPONSE RESIDENTIAL FIRE SPRINKLER SYSTEMS.
9-301. SCOPE OF SUBTITLE.

(A)     EFFECT ON FIRE SAFETY LAWS.
THIS SUBTITLE:

(1)      IS IN ADDITION TO ANY EXISTING FIRE SAFETY LAWS; AND

(2)      DOES NOT LIMIT THE AUTHORITY OF THE STATE FIRE PREVENTION
COMMISSION OR STATE FIRE MARSHAL TO ACT UNDER EXISTING FIRE SAFETY LAWS.

(B)     EXCEPTIONS TO SUBTITLE.

IF THERE IS CLEAR EVIDENCE THAT EQUIVALENT PROTECTION OF HUMAN
LIFE WILL BE PROVIDED AS REQUIRED BY THIS SUBTITLE, EXCEPTIONS TO THIS
SUBTITLE MAY BE MADE BY:

(1)      THE STATE FIRE PREVENTION COMMISSION;

(2)  . THE STATE FIRE MARSHAL;

(3)      A COUNTY FIRE CHIEF;

(4)      A FIRE ADMINISTRATOR WITH RESPONSIBILITY FOR CODE
ENFORCEMENT; AND

(5)      IN BALTIMORE CITY, THE BOARD OF FIRE COMMISSIONERS OR THE
CHIEF OF THE FIRE DEPARTMENT.

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