Section 110. Violations
110.1 Unlawful acts. {As in IFC}
110.2 Owner/occupant responsibility. {As in IFC}
110.3 Notice of violation. {As in IFC}
110.3.1 to 110.3.4 {As in IFC}
110.3.5 Code compliance required at all times.
Neither this section nor any other provision of this Code excuses any person from fully complying with all provisions of this Code at all times, regardless of whether notice has been issued by the Fire Code Official in any particular case.
110.4 Penalty for violations.
Any person who violates or fails to comply with any provision of this Code or of any notice, decision, permit, {rule,} or regulation issued under this Code or who erects, installs, alters, repairs, or does work in violation of approved construction documents or of a directive of the Fire Code Official is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisoned for not more than 10 days or both. Except in the event of an emergent issue or situation, as determined by the Fire Code Official, if a condition is not discontinued or abated within 14 days from the issuance of a violation notice, each day thereafter that a violation continues after service of notice is a separate offense.
110.4.1 Abatement of violation. {As in IFC}
110.4.2 Failure to correct violations.
If a violation notice is not complied with within the time specified, the Fire Code Official may do any one or more of the following:
1. take action under § 110.6 {"Violation of notices, etc."} of this Code,
2. request the State's Attorney or the City Solicitor to institute appropriate legal proceedings:
a. to restrain, correct, or abate the violation, or
b. to require removal or termination of the unlawful use of the structure or premises in violation of this Code, or of any order or direction made under this Code, or
3. if the violation affects the immediate safety of the public, request the Baltimore Police Department to arrest those responsible for the violation.
110.5 Violation of notices, etc.
– Constitutes violation of Code. Every person must fully comply with all provisions of this Code and with all provisions of any notice, order, decision, permit, {rule,} or regulation issued by the Fire Code Official. Any act contrary to and any failure to comply with any provision or requirement of any notice, order, decision, permit, {rule,} or regulation of the Fire Code Official constitutes a violation of this Code.
110.6 Violation of notices, etc.
– Action by Fire Code Official. Whenever any person fails in any respect to fully comply with any provision of any notice, order, decision, permit, {rule,} or regulation issued under this Code, the Fire Code Official may take any action necessary to eliminate or make safe any condition that violates this Code.
110.7 Citations for certain offenses.
In accordance with City Code Article 1, Subtitle 40 {"Environmental Control Board"}, City Code Article 1, Subtitle 41 {"Civil Citations"}, or City Code Article 19, Subtitle 71 {"Special Enforcement Officers"}, a prepayable citation may be issued to the owner, agent, or person responsible for the operation or in charge of any occupancy that fails to comply with the following provisions of this Code:
1. § 108.6 {"Maintenance: Overcrowding"}
2. § 111.1 {"Unsafe Buildings: General"},
3. § 916.4 {"Telephone Access to City's 9-1-1 Emergency System: General"}, or
4. § 1001.2 {"Means of Egress: Minimum Requirements"}.
110.7.1 Each day a separate offense.
If a condition is not discontinued or abated within 14 days from the issuance of a violation notice, each day thereafter that a violation continues is a separate offense. A citation may be issued under this section any time that a violation is discovered, whether or not a prior citation has been issued for the same condition, if more than 14 days have elapsed since the issuance of the prior violation notice. Provided however, for an emergent issue, as determined by the Building Official, the 14 day period to abate or comply with the notice or order may be waived by the Building Official and the Building Official may institute or cause to be instituted any appropriate legal proceedings.
110.7.2 Permit revocation for repeat violators.
If 3 citations are issued to the same person or operation within a 1-year period, the Fire Code Official may revoke all permits issued by the Fire Code Official to or for that person or operation and notify all appropriate City agencies of the revocation.
110.7.3 Procedure not exclusive.
The issuance of a citation under this section does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.