Ch. 5                                        2003 LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 38A, § 33.

The former reference to "rules" is deleted as included in the reference to
"regulations". See General Revisor's Note to article.

The former reference to regulations that the Commission "may deem
necessary and proper" is deleted as implicit in the authority to adopt
regulations to carry out this subtitle.

11-104. POWERS OF STATE FIRE MARSHAL.

(A)     INVESTIGATIONS OF EXPLOSIONS AND FIRES — IN GENERAL.

(1)      THE STATE FIRE MARSHAL MAY INVESTIGATE AN EXPLOSION OR
FIRE THAT OCCURS IN ANY PLACE WHERE EXPLOSIVES OR INGREDIENTS FOR
EXPLOSIVES ARE MANUFACTURED, TRANSPORTED, STORED, OR USED.

(2)      THE STATE FIRE MARSHAL MAY INVESTIGATE AN EXPLOSION,
ACCIDENT, OR FIRE IF THERE IS REASON TO BELIEVE EXPLOSIVES WERE INVOLVED.

(B)     SAME — REPORT OF FINDINGS.

THE STATE FIRE MARSHAL MAY REPORT THE FINDINGS OF AN INVESTIGATION
UNDER SUBSECTION (A) OF THIS SECTION TO FEDERAL OR STATE AUTHORITIES:

(1)      IF THE EXPLOSION OR FIRE WAS A WILLFUL ACT, FOR CRIMINAL
PROSECUTION OF THE PERSON CAUSING THE WILLFUL ACT; OR

(2)      IF THE EXPLOSION OR EIRE WAS ACCIDENTAL, SO THAT
PRECAUTIONS MAY BE TAKEN TO PREVENT SIMILAR ACCIDENTS FROM OCCURRING.

(C)     SAME — AUTHORITY OF EMPLOYEES TO ENTER PREMISES.

(1)      IN AN INVESTIGATION UNDER SUBSECTION (A) OF THIS SECTION,
THE EMPLOYEES UNDER THE DIRECTION OF THE STATE FIRE MARSHAL MAY ENTER
THE PREMISES WHERE THE EXPLOSION OR FIRE HAS OCCURRED TO:

(I)      EXAMINE DOCUMENTS; OR

(II)     ADMINISTER OATHS TO AND EXAMINE WITNESSES AND OTHER
PERSONS CONCERNED.

(2)      THE OWNER, LESSEE, OR OPERATOR OF THE PREMISES WHERE THE
EXPLOSION OR FIRE HAS OCCURRED, OR AN AGENT OF THESE PERSONS, MAY NOT
HINDER THE ACTIONS OF AN EMPLOYEE OF THE STATE FIRE MARSHAL DESCRIBED
UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(D)     MISCELLANEOUS FEES.

THE STATE FIRE MARSHAL MAY COLLECT A FEE OF $20 FOR:

(1)      INSPECTION OF THE VEHICLE OF AN EXPLOSIVE HAULER; AND

(2)      A BLASTER'S CERTIFICATE.

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