Section 6-307 - Inspections.
§ 6-307. Inspections.
(a) Duty to inspect public buildings.-
(1) The State Fire Marshal shall inspect for fire exits and reasonable safety standards:
(i) all institutions owned by the State or a county or municipal corporation; and
(ii) all schools, theaters, churches, and other places of public assembly.
(2) The State Fire Marshal shall report the findings of an inspection and any recommendations to the individual in charge of the institution or other place that was inspected.
(b) Authority to conduct inspections as necessary.-
(1) This subsection does not apply to a building or premises actually occupied as a private dwelling.
(2) The State Fire Marshal may enter a building or premises within the jurisdiction of the State Fire Marshal at reasonable hours to conduct an inspection that the State Fire Marshal considers necessary under this subtitle.
(c) Prior notice prohibited.- An individual, including an employee of the State Fire Marshal, may not give prior notice of an inspection authorized under this subtitle without the written approval of the State Fire Marshal or designee of the State Fire Marshal.
(d) Inspection of place of employment.-
(1) Subject to regulations adopted by the Commission, whenever the State Fire Marshal or designee of the State Fire Marshal inspects a place of employment, a representative of the employer and an authorized employee representative shall be given an opportunity to accompany the State Fire Marshal or designee during the inspection.
(2) If there is no authorized employee representative, the State Fire Marshal or designee shall consult with a reasonable number of employees about matters of safety and health in the place of employment.
(e) Protection of trade secrets.-
(1) In this subsection, "trade secret" means a confidential formula, pattern, device, or compilation of information that:
(i) is used in an employer's business;
(ii) gives the employer an opportunity to obtain an advantage over competitors who do not know or use the information; and
(iii) is known only to the employer and those employees to whom it is necessary to confide the information.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, any information reported to or otherwise obtained by the State Fire Marshal or designee of the State Fire Marshal in connection with an inspection or proceeding under this subtitle that contains or might reveal a trade secret is confidential.
(ii) Information described in subparagraph (i) of this paragraph may be disclosed only:
1. to other officers or employees responsible for carrying out this subtitle; or
2. if relevant in a proceeding under this subtitle.
(3) In a proceeding under this subtitle, the State Fire Marshal, designee of the State Fire Marshal, or a court of competent jurisdiction, as applicable, shall issue appropriate orders to protect the confidentiality of a trade secret.
[An. Code 1957, art. 38A, § 8(d), (e); 2003, ch. 5, § 2.]