§ 9-701. Authority of counties and municipal corporations to adopt fire prevention codes

   (a) In general. -- Subject to subsection (e) of this section, the local governing body of each county and the legislative body of each municipal corporation in the State may adopt by ordinance or resolution a fire prevention code to:

   (1) provide for protection against fires and the removal of fire hazards;

   (2) provide for the appointment of inspectors to enforce the fire prevention code; and

   (3) establish penalties for violation of the fire prevention code or an ordinance, resolution, or regulation for the prevention of fires or removal of fire hazards.

(b) Incorporation by reference of standard or model codes. --

   (1) Subject to paragraph (2) of this subsection, a fire prevention code of a county or municipal corporation adopted under this section may incorporate by reference a code or part of a code prepared by a governmental unit or a trade or professional association for general distribution in printed form as a standard or model on any subject that relates to fire prevention, fire hazards, or flammable or dangerous substances.

   (2) An amendment to a standard or model code described in paragraph (1) of this subsection is not effective until specifically incorporated into the fire prevention code of the county or municipal corporation.

(c) Publication; public hearing. --

   (1) Except as provided in subsection (e) of this section, the local governing body of a county or legislative body of a municipal corporation may not adopt a fire prevention code under this section until a summary of the proposal is published for at least 3 weeks in one or more newspapers of general circulation in the county or municipal corporation.

   (2) The summary shall specify the date for a public hearing on the proposal and shall state that copies of the proposal may be obtained on application to:

      (i) for a county fire prevention code, the administrative officer of the county; or

      (ii) for a municipal fire prevention code, the clerk of the municipal corporation.

(d) Application of county codes within municipal corporations. -- Except as provided in subsection (e) of this section, a fire prevention code adopted by a county under this section does not apply within a municipal corporation that has adopted a fire prevention code after the effective date of the adoption of the fire prevention code by the municipal corporation.

(e) Frederick County. --

   (1) This subsection applies only to Frederick County.

   (2) The summary of the fire prevention code required to be published under subsection (c) of this section shall be published in one or more newspapers of general circulation in the county at least 2 weeks before the adoption of the fire prevention code by the county.

   (3) A copy of the fire prevention code proposed for adoption under this section may be obtained on application to the administrative officer of the county.

HISTORY: An. Code 1957, art. 23A, § 6(a); art. 25, § 11; 2003, ch. 5, § 2.