Section 6-206 - Regulations.
§ 6-206. Regulations.
(a) State Fire Prevention Code.-
(1) (i) To protect life and property from the hazards of fire and explosion, the Commission shall adopt comprehensive regulations as a State Fire Prevention Code.
(ii) The State Fire Prevention Code shall comply with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection.
(iii) The State Fire Prevention Code has the force and effect of law in the political subdivisions of the State.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, the regulations adopted under this subsection do not apply to existing installations, plants, or equipment.
(ii) If the Commission determines that an installation, plant, or equipment is a hazard so inimicable to the public safety as to require correction, the regulations adopted under this subsection apply to the installation, plant, or equipment.
(b) Fee schedule.-
(1) The Commission shall adopt regulations to establish and administer a fee schedule for:
(i) reviewing building plans to ensure compliance with the State Fire Prevention Code; and
(ii) conducting inspections in accordance with Subtitle 3 of this title.
(2) The Commission shall review the fee schedule annually to ensure that the money collected at least covers the costs of administering plan review and conducting inspections.
(3) This subsection does not limit the authority of a local authority to establish a fee schedule for plan review and inspections conducted by the local authority.
(c) Hearings.-
(1) Before adopting a regulation, the Commission shall hold at least one public hearing on the proposed regulation.
(2) (i) The Commission shall publish notice of the hearing at least 15 days before the hearing in a newspaper of general circulation in the State.
(ii) At the same time, the Commission shall send a copy of the notice to each person who has filed a request for notification with the Commission.
(iii) The notice shall contain the time, place, and subject of the hearing and the place and times to examine the proposed regulation.
(d) More stringent law governs.-
(1) The State Fire Prevention Code establishes the minimum requirements to protect life and property from the hazards of fire and explosion.
(2) If a State or local law or regulation is more stringent than the State Fire Prevention Code, the more stringent law or regulation governs if the more stringent law or regulation is:
(i) not inconsistent with the State Fire Prevention Code; and
(ii) not contrary to recognized standards and good engineering practices.
(3) If there is a question whether a State or local law or regulation governs, the decision of the Commission determines:
(i) which law or regulation governs; and
(ii) whether State and local officials have complied with the State Fire Prevention Code.
(e) Copies of State Fire Prevention Code.- The Commission shall make available for public information a copy of the State Fire Prevention Code, and any amendments to the State Fire Prevention Code, in each county courthouse in the State.
[An. Code 1957, art. 38A, §§ 3(a)-(e), 4(b); 2003, ch. 5, § 2.]