§ 13-313. Fire resistant insulating material

   (a) Material required to meet minimum fire retardancy standards. -- A person may not sell or distribute cellulose or foam insulating material which is intended ultimately for the installation in a permanent or temporary household or residence, unless the insulating material meets minimum standards of fire retardancy established by the State Fire Prevention Commission or the federal government.

(b) Basis of fire retardancy standards. -- The standards of fire retardancy shall be based on the results of tests conducted by a recognized fire testing laboratory approved by the State Fire Marshal.

(c) Statements to be filed by seller or distributor. -- A person who sells or distributes cellulose or foam insulating material shall file with the State Fire Marshal a statement, on a form prescribed by the State Fire Marshal, for each brand and type of insulating material sold or distributed by the person, that the brand or type meets the fire retardancy standards established by the State Fire Prevention Commission or the federal government.

(d) Enforcement. --

   (1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

   (2) The fire department of Baltimore City shall report to the Division of Consumer Protection any violation of this section which it finds.

(e) Penalty. -- Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 5,000.

HISTORY: 1978, ch. 685; 2003, ch. 17.