Section 104. Duties and Powers of the Fire Code Official
104.1 General. {As in IFC}
104.1.1 Legal enforcement.
The Fire Code Official may institute or cause to be instituted, at any time, any and all legal, equitable, or criminal actions or proceedings necessary or appropriate to enforce this Code. Nothing in this Code prevents the Fire Code Official from instituting or causing to be instituted and fully prosecuting any and all legal or equitable proceedings of any kind necessary or appropriate to compel compliance with this Code, even if criminal proceedings are pending or have been completed.
104.2 to 104.7 {As in IFC}
104.8 Approved materials and equipment. {As in IFC}
104.8.1 Materials and equipment reuse. {As in IFC}
104.8.2 Technical assistance. {As in IFC}
104.8.2.1 Fire and Life Safety Design Evaluation.
All plans and specifications for which a building permit is required for building use and occupancy groups listed in Section 104.8.2.2 of this Code shall be evaluated for Code compliance using a Fire and Life Safety Design Evaluation (FLSDE) that is prepared by a third-party consultant. The FLSDE shall evaluate the following:
1. Applicable State and local Building, Fire, and Related Codes standards and amendments,
2. Designated Use Group Classifications of all spaces,
3. building construction type and fire-resistance rating requirements for building elements,
4. general building height and area,
5. required fire and smoke protection features,
6. occupant load calculations and egress capacity and travel distance analysis,
7. analysis of interior finishes,
8. required fire protection systems, including automatic sprinklers, standpipes, fire alarms, smoke detection systems, heat detection systems, smoke control measures, emergency responder radio coverage systems, portable fire extinguishers, and any additional required fire protection systems, where applicable,
9. fire hydrant locations, Fire Department connection locations, and fire apparatus access roads, where applicable,
10. emergency lighting, exit signage, and emergency power systems,
11. as applicable, the requirements of Chapter 4 {“Special Detailed Requirements Based on Use and Occupancy”} of the Baltimore City Building Code.
104.8.2.2 Qualifications of FLSDE preparer.
Upon request by the Fire Code Official, a third-party consultant preparing a FLSDE must submit documentation that confirms the consultant meets one of the following requirements:
1. a Bachelor of Science degree in Fire Protection Engineering from a university accredited by the Accreditation Board for Engineering and Technology, certification in fire protection plan review from a major model code organization, and 2 years of professional experience in the review and evaluation of buildings and fire protection systems for code compliance, or
2. certification in fire protection plan review from a major model code organization and 5 years of professional experience in the review and evaluation of buildings and fire protection systems for code compliance.
104.8.2.3 FLSDE report submission.
The FLSDE report described in this Code shall be submitted with the plans accompanying the application for a building permit and shall be certified by the preparer.
104.8.2.4 Building use and occupancy groups and fire protection systems requiring an FLSDE.
Building use and occupancy groups and fire protection systems requiring a FLSDE include:
1. a new high-rise building, a change of use to an existing high-rise building, or a level III alteration to an existing high-rise building,
2. use group A, an assembly building, with an occupant load of 1,000 persons or more for a new building, an addition to an existing assembly building, or an occupancy change of a building to an assembly occupant type with an occupant load of 1,000 persons,
3. use group H, High Hazard,
4. use groups I-2 and I-3, Institutional,
5. all new use groups R-1 and R-2,
6. any use group when deemed necessary by the Fire Code Official due to complexity or scope of the design,
7. any submission for any use and occupancy group determined by the Fire Code Official to be deficient in the required information for adequate review,
8. any automatic fire suppression, fire detection, fire alarm, or smoke management system shop drawings as may be required the Fire Code Official.
104.9 Modifications. {As in IFC}
104.10 Alternative materials and methods.
The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, as long as that alternative has been approved. An alternative material or method of construction may be approved if the Fire Code Official finds in writing that, for the purpose intended:
1. the proposed alternative is satisfactory and complies with the intent of this Code, and
2. the material, method, or work offered is at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability, and safety.
104.11 Fire investigations. {As in IFC}
104.11.1 Assistance from other agencies. {As in IFC}
104.11.2 Fire Investigation Bureau; Fire Marshal.
The Fire Investigation Bureau is continued in the Fire Department. The Bureau consists of members assigned to it by the Chief of the Fire Department. The head of the Bureau is the Fire Marshal of Baltimore City, to be designated by the Chief. The Chief may also designate one or more officers or officials to serve in the absence of the Fire Marshal.
104.11.3 General duties.
The Fire Investigation Bureau investigates fires and related incidents in Baltimore City. The Bureau must keep a complete record of these fires and related incidents, including their cause and origin, and a complete record of its investigations. The Assistant Chief or his or her designee is the custodian of all records of investigations. In addition to the duties specified in this section, the Bureau performs all other duties assigned to it by law or by the Chief of the Fire Department.
104.11.4 Charge of evidence.
In investigating a fire or related incident, the Bureau must take charge immediately of the physical evidence and, to preserve that evidence, take measures to prevent access by any person to the structure or premises until the evidence has been properly processed.
104.11.4.1 Cooperation with other agencies.
The Bureau must notify the persons designated by law to pursue investigations, cooperate with authorities in collecting evidence and in prosecuting offenders, and pursue the investigation to its conclusion.
104.11.4.2 Assistance from other agencies.
Police and other enforcement agencies are authorized to render assistance in the investigation of fires when requested to do so.
104.11.5 Authority of Fire Marshal.
The Fire Marshal has general supervision and control of all fire investigations in the City and of all inquiries to determine their cause and origin, both for the purpose of eliminating that cause and, if arson or incendiaries is suspected, to ascertain the persons responsible.
104.11.6 Penalty for obstructing investigation.
Any person who prevents or obstructs or attempts to prevent or obstruct an investigation is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in § 110 {“Violations”} of this Code.
104.11.7 Subpoena of witness and documents.
In conducting an investigation, the Fire Marshal may subpoena and compel attendance of any person and the production of any documents that, in the judgment of the Fire Marshal, are connected with and necessary to the investigation, and have that person examined on oath or affirmation at the time and place specified in the subpoena. Officers of the Baltimore Police Department may serve the subpoena.
104.11.8 Enforcement of subpoena.
If a person is served with a subpoena and fails to attend and testify, or fails on examination to answer any question, or otherwise fails to comply with the subpoena, the Fire Marshal may apply to a judge of the Circuit Court of Baltimore City to order compliance to the subpoena. If the judge orders compliance, the Fire Marshal must so notify the person named in the subpoena and fix the time and place for his or her further examination. If the person still fails to comply, the person may be arrested and charged with contempt.
104.11.9 Administration of oaths.
The Fire Marshal may administer oaths or affirmations. Any false testimony given under oath or affirmation administered by the Fire Marshal, if material and made willfully, is punishable as perjury.
104.11.10 Submission to State’s Attorney.
If gross negligence, arson, or incendiaries is reasonably evident in a case, the Fire Marshal must submit all of the Bureau’s records on the case to the State’s Attorney of Baltimore City.
104.12 Authority at fires and other emergencies. {As in IFC}
104.13 Fees for non-fire suppression services.
The Director of Finance must establish and annually review a fee schedule for non-fire suppression services performed by the Fire Department. The Director of Finance must base these fees on the expense incurred by the Fire Department in performing non-fire suppression services.
(Ord. 24-341 Section 1.)
