Title 29 DEPARTMENT OF STATE POLICE
Subtitle 06 FIRE PREVENTION COMMISSION
Chapter 06 Fresh Cut and Live Tree Fire Safety Regulations
Authority: Article 38A, §3, Annotated Code of Maryland
.01 Purpose.
This chapter establishes fire safety standards regarding the display of fresh cut and live trees in certain new and existing buildings or occupancies.
.02 Scope.
The fire safety standards for the use of fresh cut and live trees apply to the following occupancy classifications as required by the National Fire Protection Association "Life Safety Code" (NFPA 101, 1997 Edition), which is incorporated by reference in COMAR 29.06.01:
A. Assembly;
B. Hotels, motels, and dormitories;
C. Small residential board and care;
D. Family day care;
E. Mercantile; and
F. Business
.03 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Artificial tree" means a man-made tree produced from paper, plastic, wood, metal, natural or synthetic fiber, or any other natural or chemical composition or combination of these materials arranged to imitate or otherwise resemble any species of evergreen tree.
(2) "Code" means the National Fire Protection Association "Life Safety Code" (NFPA 101, 1997 Edition).
(3) "Evergreen tree" means a blue spruce, Scotch pine, or Douglas fir tree.
(4) "Fresh cut tree" means an evergreen tree which has been cut, sawn, or harvested with the intention of decorative display within a building or structure.
(5) "Live tree" means a container grown balled and burlap, or balled and potted tree that has been uprooted with its roots protected by an earthen ball.
(6) "Occupancies" means occupancy classifications as described by the National Fire Protection Association "Life Safety Code" (NFPA 101, 1997 Edition).
.04 Display.
A. Only a fresh cut or live tree, as defined in Regulation .03 of this chapter, may be displayed in the occupancies listed in Regulation .02 of this chapter, if its display complies with Regulation .06 of this chapter. A tree other than a fresh cut tree or live tree may not be displayed in those occupancies.
B. A live or fresh cut tree may not be displayed in buildings with the following occupancy classifications:
(1) Nursing homes, hospitals, or limited care facilities;
(2) Detention and correctional;
(3) Educational;
(4) Residential board and care, except for small residential board and care facilities that are fully protected by an automatic fire sprinkler system that complies with "A Compendium of Codes and Standards Referenced in NFPA 1, 1997 Edition", National Fire Protection Association Standards 13, 13R, or 13D, as incorporated by reference in COMAR 29.06.01; and
(5) Child care centers, except for family day care homes.
C. Artificial Trees.
(1) If it is labeled or otherwise identified or certified as flame retardant or flame resistant by a testing laboratory recognized by the Office of the State Fire Marshal, an artificial tree may be displayed in the occupancies listed in Regulation .02 of this chapter or in the following additional occupancies:
(a) Educational;
(b) Hospitals, limited care facilities, and nursing homes;
(c) Detention and correctional;
(d) Residential board and care; and
(e) Child care center.
(2) Other types of artificial trees may not be displayed in the occupancies described in §C(1) of this regulation.
.05 Tagging of Trees.
A. A tag shall be affixed to a fresh cut tree by the grower. The information required by §D of this regulation shall be recorded on the tag, and the tag shall be affixed to the tree at the time of the original fresh cut. The tag shall remain on the tree and shall be readily accessible at all times for inspection purposes.
B. A fresh cut tree shall be cut in the presence of the user, or on the date on which the user is to obtain the tree.
C. The Office of the State Fire Marshal shall provide tree tags and assign serial numbers to tree growers. The tree grower is responsible for the tags assigned to them by the State Fire Marshal.
D. The format for the tag shall be as follows:
(1) On the front of the tag:
Fresh Cut Tree Certification
Serial No.
Species of Tree
Date of Fresh Cut
Date Tree Must Be Placed in Building
Date Tree Must Be Removed from Building
THIS TAG SHALL BE DISPLAYED IN COMPLIANCE WITH THE STATE OF MARYLAND FIRE PREVENTION CODE, FRESH CUT AND LIVE TREE FIRE SAFETY REGULATIONS, AND MAY NOT BE REMOVED OR ALTERED UNDER PENALTY OF LAW.
(2) On the reverse of the tag shall be a form to record the following information to be completed by the person or persons assigned the responsibility to water and maintain the tree in a fire safe condition:
(a) Date;
(b) Time; and
(c) Person's initials.
E. Live trees are not be required to be tagged by the grower.
.06 Placement and Maintenance.
A. Each live or fresh cut tree shall be stored either outside in a shaded area, or in an enclosed, unheated area until it is placed and decorated.
B. A fresh cut tree used in permitted occupancies shall be placed in the occupancy within 2 days of the original cutting.
C. Placement.
(1) Immediately before the placement in a permitted occupancy, each fresh cut tree shall have an additional fresh cut made across the base of the trunk at least 2 inches from the butt of the tree. Bark may not be removed from the basal area of the tree.
(2) Immediately after this additional fresh cut is made, each tree shall be placed in a tree stand which has a minimum water capacity of 2 gallons.
(3) Loose needles and other debris shall be removed before the tree is displayed.
D. A fresh cut tree may be displayed within an occupancy or building for a maximum of 21 days from the original placement in the building.
E. The State Fire Marshal or local fire prevention authority having jurisdiction shall:
(1) Approve the placement of a fresh cut or live tree in an occupancy listed under this chapter;
(2) Limit the number of fresh cut trees displayed in an occupancy as listed in this chapter;
(3) Have the authority to order the removal of any tree, fresh cut or live, from a building or occupancy if it is believed that the condition of the tree poses a hazard to life or safety.
F. A person displaying a tree may not:
(1) Obstruct an exit or place a tree in a corridor, exit way, or other means of egress;
(2) Place a tree near a heating vent or other fixed or portable heating device which could cause the tree to dry out prematurely or ignite; or
(3) Display a fresh cut tree more than 10 feet tall, excluding the tree stand.
G. An owner or operator of a building or particular occupancy shall daily maintain the water in the tree stand to prescribed levels, and shall maintain a record of the watering of a tree. Additionally, upon the request of a member of the Office of the State Fire Marshal or local fire prevention authority having jurisdiction, the owner or operator shall produce the record for inspection. The record shall be incorporated as part of the tag requirements stated in Regulation .05D of this chapter.
H. Except for live or fresh cut trees displayed in a building protected throughout by an approved automatic sprinkler system, the following decorations may not be placed on, under, or around a live or fresh cut tree:
(1) Decorative gift packages;
(2) Combustible tree skirts; and
(3) Combustible decorations.
I. Decorative Lighting and Lights.
(1) Only approved electric decorative lights, including cordless lights, and all associated wiring for the decorative lights which have been tested and listed, and bear the mark of a testing laboratory recognized by the Office of the State Fire Marshal, may be used on a fresh cut or live tree.
(2) Electric lights may not be used on a metal artificial tree.
(3) Flame producing devices, such as, but not limited to, candles, may not be used on or near any type of tree.
(4) Use of electrical extension cords shall comply with safe practices for the devices. Electrical extension cords may not be placed across a traveled area, such as a corridor or aisle, where the extension cord could become damaged or cause a tripping hazard, unless the device is suitably protected and secured by proper conduit or other approved protective guard.
.07 Enforcement.
A. Live or fresh cut trees that do not comply with the provisions of this chapter shall be removed from a building or occupancy.
B. The Office of the State Fire Marshal or local fire prevention authority having jurisdiction shall enforce this chapter.
C. In a county or municipality with more stringent standards, the standards of that county or municipality apply to live or fresh cut trees.