Ch. 5                                        2003 LAWS OF MARYLAND

(5) EXCEPT AS PROVIDED UNDER PARAGRAPH (3)(II) OF THIS
SUBSECTION, A DISTANCE PRESCRIBED UNDER THIS SECTION MAY NOT BE REDUCED
BECAUSE OF THE PRESENCE OF A BARRICADE OR EARTH COVER.

(B) FENCING.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
FIREWORKS PLANT SHALL BE COMPLETELY SURROUNDED BY A SUBSTANTIAL
FENCE THAT:

(I)      IS AT LEAST 6 FEET TALL;

(II)     CONTAINS AT LEAST THREE STRANDS OF BARBED WIRE; AND

(III)   EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION,
CONTAINS OPENINGS EQUIPPED WITH SUITABLE GATES THAT ARE KEPT SECURELY
LOCKED WHEN NOT IN USE.

(2)      EXCEPT FOR AN OFFICE BUILDING IN WHICH PROCESSING OR
STORAGE IS PROHIBITED, EACH BUILDING IN A FIREWORKS PLANT SHALL BE
LOCATED WITHIN THE FENCE REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION.

(3)      THE MAIN GATE OF THE PLANT MAY BE LEFT OPEN DURING THE
REGULAR HOURS OF PLANT OPERATION IF THE GATE IS WITHIN THE
UNOBSTRUCTED VIEW AND UNDER THE OBSERVATION OF AUTHORIZED
RESPONSIBLE EMPLOYEES OR GUARDS.

(4)      THE LICENSEE SHALL POST CONSPICUOUS SIGNS AT LEAST EVERY
500 FEET ALONG THE FENCE OF THE FIREWORKS PLANT THAT STATE "WARNING —
NO SMOKING — NO TRESPASSING".

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 20(a), (c), and (d) and the second sentence

of § 15(j).

In the introductory language of subsection (a)(1) of this section, the clause
"[s]ubject to paragraphs (2) and (3) of this subsection" is added for clarity.

Also in the introductory language of subsection (a)(1) of this section, the
former phrase "[n]o fireworks plant shall be located so" is deleted for
brevity, since it is the distance of the mixing building or storage building
which is delimited by the subsection, and not the entire plant.

In subsection (a)(1)(ii) of this section, the reference to any "other" inhabited
building is added for clarity, since it is unlikely that a school, church,
hospital, or place of assembly — unless abandoned — would ever be
uninhabited long enough to justify the lesser 200-foot distance.

In subsection (a)(3)(i) of this section, the conjunction "and" is substituted
for the former reference to "or" to clarify that a finishing and assembling
building must be both 75 feet from other finishing and assembling
buildings "and" 200 feet from fireworks storage buildings.

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