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PARRIS N. GLENDENING, Governor
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Ch. 31
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Section 18
Annotated Code of Maryland
(1997 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 38A - Fires and Investigations
18.
(a) (1) The State Fire Marshal may grant special permits for display of
fireworks in places where the discharge thereof will otherwise be legal. The permit
shall not authorize the holder thereof to possess or discharge fireworks in violation of
any ordinance or regulation in effect where the display is to be made and shall not
relieve the applicant from also obtaining any additional license or authority which
may be required by the governing body in that locality. All applications for permits for
public display as herein provided shall be made at least 10 days in advance of the date
of display. The fee for this permit is $50. The permit shall be nontransferable, and
shall be granted only after the State Fire Marshal has determined that the proposed
display will not endanger the health or safety of persons in the locality, or cause
injury to property belonging to others, and that the display of fireworks will be under
the supervision of experienced and qualified persons who have previously secured
written authority from the State Fire Marshal. Prior to granting the permit, the State
Fire Marshal shall require the applicant to furnish a surety bond with corporate
surety to be approved by him in an amount the State Fire Marshal prescribes, or an
approved liability and property damage insurance policy in an amount prescribed by
the State Fire Marshal, conditioned upon the payment of all damages to persons or
property caused by reason of the discharge of fireworks mentioned in the permit. The
bond or policy shall be payable to the State and may be enforced by any person
suffering damage as aforesaid, by suit in the name of the State to his own use. If
claims under any bond or policy required under this subtitle are established to an
amount greater than the penal sum of the bond, or amount of the policy, the claims
shall be payable pro rata to the amount of the penal sum of the bond or amount of the
policy and executions shall issue accordingly. Workers' compensation shall be
provided as required by the Maryland Workers' Compensation Act. For operators not
covered by workers' compensation, approved accident insurance coverage shall be
provided in amounts prescribed by the State Fire Marshal. The State Fire Prevention
Commission shall establish regulations as necessary for the enforcement of this
subtitle. The State Fire Marshal may deputize the chief or other members of the fire
department serving in any locality, or some other suitable official, to act as his deputy
for the purpose of making inspections and investigations and receiving applications
for permits.
(2) IF THE STATE FIRE MARSHAL DOES NOT RECEIVE THE APPLICATION
FOR A PERMIT FOR PUBLIC DISPLAY AT LEAST 10 DAYS BEFORE THE DATE OF THE
PUBLIC DISPLAY, THE STATE FIRE MARSHAL SHALL CHARGE THE APPLICANT A LATE
FEE OF $100 $50 IN ADDITION TO ALL REQUIRED FEES.
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- 1101 -
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