2015 Maryland Code
GENERAL PROVISIONS
Title 4 - PUBLIC INFORMATION ACT
Subtitle 3 - DENIALS OF INSPECTION
Part IV - DENIAL OF PART OF PUBLIC RECORD
§ 4-352 - Information related to emergency management

MD Gen Provisions Code § 4-352 (2015) What's This?

(a) In general. -- Subject to subsections (b) and (c) of this section, a custodian may deny inspection of:

(1) response procedures or plans prepared to prevent or respond to emergency situations, the disclosure of which would reveal vulnerability assessments, specific tactics, specific emergency procedures, or specific security procedures;

(2) (i) building plans, blueprints, schematic drawings, diagrams, operational manuals, or any other records of ports and airports and any other mass transit facilities, bridges, tunnels, emergency response facilities or structures, buildings where hazardous materials are stored, arenas, stadiums, waste and water systems, and any other building, structure, or facility, the disclosure of which would reveal the building's, structure's, or facility's internal layout, specific location, life, safety, and support systems, structural elements, surveillance techniques, alarm or security systems or technologies, operational and transportation plans or protocols, or personnel deployments; or

(ii) records of any other building, structure, or facility, the disclosure of which would reveal the building's, structure's, or facility's life, safety, and support systems, surveillance techniques, alarm or security systems or technologies, operational and evacuation plans or protocols, or personnel deployments; or

(3) records that:

(i) are prepared to prevent or respond to emergency situations; and

(ii) identify or describe the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories.

(b) Circumstances under which denial permissible. -- The custodian may deny inspection of a part of a public record under subsection (a) of this section only to the extent that the inspection would:

(1) jeopardize the security of any building, structure, or facility;

(2) facilitate the planning of a terrorist attack; or

(3) endanger the life or physical safety of an individual.

(c) Circumstances under which denial prohibited. --

(1) This subsection does not apply to the records of any building, structure, or facility owned or operated by the State or any political subdivision.

(2) A custodian may not deny inspection of a public record under subsection (a) or (b) of this section that relates to a building, structure, or facility that has been subjected to a catastrophic event, including a fire, an explosion, or a natural disaster.

(3) Subject to subsections (a) and (b) of this section, a custodian may not deny inspection of a public record that relates to an inspection of or issuance of a citation concerning a building, structure, or facility by an agency of the State or any political subdivision.

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