ROBERT L. EHRLICH, JR., Governor

Ch. 5

ADOPTED BY THE STATE FIRE PREVENTION COMMISSION UNDER THIS SUBTITLE,
THE STATE FIRE MARSHAL MAY SUSPEND THE LICENSE OF THE LICENSEE FOR NOT
MORE THAN 30 DAYS.

(2)      THE STATE FIRE MARSHAL SHALL SUSPEND FOR 30 DAYS THE
LICENSE OF A LICENSEE WHO, WITHIN 5 YEARS OF COMMITTING A FIRST VIOLATION,
COMMITS A SECOND VIOLATION OF THIS SUBTITLE OR A REGULATION ADOPTED BY
THE STATE FIRE PREVENTION COMMISSION UNDER THIS SUBTITLE.

(3)      THE STATE FIRE MARSHAL SHALL REVOKE THE LICENSE OF A
LICENSEE WHO, WITHIN 5 YEARS OF COMMITTING A FIRST VIOLATION, COMMITS A
THIRD VIOLATION, OF THIS SUBTITLE OR A REGULATION ADOPTED BY THE STATE
FIRE PREVENTION COMMISSION UNDER THIS SUBTITLE.

(4)      ON SUSPENDING OR REVOKING A LICENSE UNDER THIS
SUBSECTION, THE STATE FIRE MARSHAL SHALL:

(I)      FILE AND KEEP A STATEMENT OF THE NATURE OF THE
VIOLATION THAT RESULTED IN THE SUSPENSION OR REVOCATION; AND

(II)     PROVIDE A COPY OF THE STATEMENT TO THE OWNER AND THE
OPERATOR OF THE FIREWORKS PLANT.

(5)      (I) IF THE STATE FIRE MARSHAL SUSPENDS, REVOKES, OR
REFUSES TO RENEW A LICENSE, THE STATE FIRE MARSHAL OR DESIGNEE OF THE
STATE FIRE MARSHAL SHALL:

1.       DETERMINE WHETHER THE CONTINUED PRESENCE OF
EXPLOSIVE COMPOSITION WITHIN THE FIREWORKS PLANT CONSTITUTES A DANGER
TO PUBLIC SAFETY; AND

2.       IF THERE IS A FINDING OF A DANGER TO PUBLIC SAFETY,
REMOVE AND DISPOSE OF THE EXPLOSIVE COMPOSITION.

(II) IF THE STATE FIRE MARSHAL DETERMINES THAT THE DANGER
TO PUBLIC SAFETY UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH IS A CLEAR AND
PRESENT DANGER, THE STATE FIRE MARSHAL OR DESIGNEE OF THE STATE FIRE
MARSHAL SHALL REMOVE AND DISPOSE OF THE EXPLOSIVE COMPOSITION EVEN IF
AN APPEAL IS PENDING.

REVISOR'S NOTE: Subsections (a)(1) and (3) and (b) through (f) of this section
are new language derived without substantive change from former Art.
38A, §§ 20(e), 19(a), (f), and (g), and the first and fourth sentences of (e).

Subsection (a)(2) of this section is standard language added to state
affirmatively that an individual must be licensed to operate a fireworks
plant in the State.

In subsection (a)(3) of this section, the former reference to
"manufactur[ing] fireworks, sparklers, or sparkling devices" is deleted as
included in the reference to "operat[ing] a fireworks plant".

In subsection (a)(3)(i) of this section, the reference to "rockets, and Roman

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