Ch. 5

2003 LAWS OF MARYLAND

the cities" of the State for clarity and to conform to Md. Constitution, Art.
XI-E.

Defined term: "County" § 1-101

9-802. SCOPE OF SUBTITLE.

THIS SUBTITLE DOES NOT APPLY TO BALTIMORE COUNTY.

REVISOR'S NOTE: This section is new language added to provide an explicit
scope provision for this subtitle. It is based on the exception for Baltimore
County in the first sentence of former Art. 48, § 181(a).

9-803. FIRE INSPECTIONS AUTHORIZED.

(A) IN GENERAL.

(1)      A FIRE OFFICIAL MAY INSPECT A BUILDING, STRUCTURE, OR OTHER
PLACE UNDER THE JURISDICTION OF THE FIRE OFFICIAL, EXCEPT THE INTERIOR OF
A PRIVATE DWELLING, WHERE COMBUSTIBLE MATERIAL HAS BEEN ALLOWED TO
ACCUMULATE OR WHERE THE FIRE OFFICIAL HAS REASON TO BELIEVE THAT
COMBUSTIBLE MATERIAL HAS ACCUMULATED OR MAY BE ACCUMULATED.

(2)      AT ANY TIME AND WITHOUT LIABILITY FOR TRESPASS, A FIRE
OFFICIAL:

(I)      MAY ENTER, AT THE FIRE OFFICIAL'S OWN RISK, A BUILDING,
INCLUDING A PRIVATE DWELLING, OR ON PREMISES WHERE A FIRE IS BURNING, OR
WHERE THERE IS REASONABLE CAUSE TO BELIEVE A FIRE IS BURNING, TO
EXTINGUISH THE FIRE;

(II)     MAY ENTER, AT THE FIRE OFFICIAL'S OWN RISK, A BUILDING,
INCLUDING A PRIVATE DWELLING, OR ON PREMISES NEAR THE SCENE OF A FIRE TO
PROTECT THE BUILDING OR PREMISES OR TO EXTINGUISH THE FIRE;

(III)   WHEN RESPONDING TO OR OPERATING AT A FIRE OR OTHER
EMERGENCY:

1.       MAY ORDER AN INDIVIDUAL TO LEAVE A BUILDING OR
PLACE IN THE VICINITY OF THE FIRE OR OTHER EMERGENCY TO PROTECT THE
INDIVIDUAL FROM INJURY;

2.       MAY ORDER, AFTER CONSULTATION WITH THE SENIOR
RAILROAD OR TRANSPORTATION OFFICIAL PRESENT, A CONVOY, CARAVAN, OR TRAIN
OF VEHICLES, CRAFT, OR RAILWAY CARS TO BE DETACHED OR UNCOUPLED IF THE
FIRE OFFICIAL DETERMINES THAT TO DO SO IS IN THE INTEREST OF SAFETY OF
INDIVIDUALS OR PROPERTY; AND

3.       MAY ENTER A BUILDING THAT IS IN DANGER OF THE
SPREAD OF FIRE TO PREVENT A POTENTIAL EMERGENCY, INCLUDING AN
EXPLOSION, IN THE BUILDING; AND

(IV)    TO MAINTAIN ORDER IN THE VICINITY OF A FIRE OR OTHER
EMERGENCY:

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