EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0823*
HOUSE BILL 823
E4, Q1 4lr1987
CF SB 689
By: Delegate Charkoudian
Introduced and read first time: January 31, 2024
Assigned to: Environment and Transportation and Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Fire Protection and Prevention – Residential Rental Property – Requirements 2
(Melanie Nicholle Diaz Fire Safety Act) 3
FOR the purpose of establishing certain requirements relating to the installation of certain 4
fire safety equipment in residential rental high–rise buildings and certain other 5
property; requiring the Department of Housing and Community Development, in 6
coordination with the State Fire Marshal, to identify and publish information on 7
certain funding sources; authorizing the Mayor and City Council of Baltimore City 8
or the governing body of a county or municipal corporation to grant, by law, a certain 9
property tax credit against the county or municipal corporation property tax imposed 10
on an apartment building or condominium building if the owner or condominium 11
association made fire safety improvements to the building on or after a certain date; 12
establishing the Workgroup to Develop Fire Safety Best Practices for Pre–1974 13
High–Rise Buildings; and generally relating to fire protection and prevention in 14
high–rise buildings. 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 9–102, 9–105, 9–403, and 9–405 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – Public Safety 22
Section 9–406 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2023 Supplement) 25
BY adding to 26
Article – Tax – Property 27
Section 9–268 28 2 HOUSE BILL 823
Annotated Code of Maryland 1
(2019 Replacement Volume and 2023 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Public Safety 5
9–102. 6
(a) This subtitle applies throughout the State, including Baltimore City. 7
(b) (1) An automatic smoke alarm shall be provided in each sleeping area 8
within each residential occupancy, including one– and two–family dwellings, lodging or 9
rooming houses, hotels, dormitories, and apartment buildings, as defined in NFPA 101: Life 10
Safety Code as adopted by the State Fire Prevention Commission. 11
(2) BEGINNING JULY 1, 2024, SMOKE DETECTION EQUIPMENT 12
CONSISTENT WITH NFPA 72: NATIONAL FIRE ALARM AND SIGNALING CODE 13
STANDARDS SHALL BE INSTALLED I N EACH PUBLIC CORRID OR ACCESSIBLE BY 14
UNITS IN A RESIDENTIAL RENTAL HIGH–RISE BUILDING. 15
(c) Smoke alarms shall: 16
(1) be installed in accordance with NFPA 72: National Fire Alarm AND 17
SIGNALING Code as referenced by the State Fire Prevention Code; 18
(2) be listed and labeled by a nationally recognized testing laboratory to 19
comply with Underwriters Laboratories (UL) 217, “Standard for safety for single and 20
multiple station smoke alarms”; 21
(3) be suitable for sensing visible or invisible products of combustion; and 22
(4) sound an alarm suitable to warn the occupants. 23
(d) Local jurisdictions may adopt smoke alarm regulations that are more 24
stringent than the provisions of this subtitle. 25
9–105. 26
(a) Each sleeping room occupied by a deaf or hard of hearing individual shall be 27
provided with a smoke alarm suitable to alert the deaf or hard of hearing individual. 28
(b) (1) On written request on behalf of a tenant who is deaf or hard of hearing, 29
a sleeping room occupied by a deaf or hard of hearing individual shall be provided with an 30
approved notification appliance designed to alert deaf or hard of hearing individuals. 31 HOUSE BILL 823 3
(2) The landlord shall provide a notification appliance that, when 1
activated, provides a signal that is sufficient to warn the deaf or hard of hearing tenant in 2
those sleeping rooms. 3
(3) THE LANDLORD MAY NOT REQUIRE THAT A TENAN T: 4
(I) PAY FOR THE PURCHASE OR INSTALLATION OF A 5
NOTIFICATION APPLIAN CE; OR 6
(II) PROVIDE ANY SUPPORTI NG DOCUMENTATION OR OTHER 7
FORM OF EVIDENCE WIT H A WRITTEN REQUEST FOR A NOTIFICATION A PPLIANCE. 8
(c) Hotels and motels shall have available at least one approved notification 9
appliance for the deaf or hard of hearing individual for each 50 units or fraction of 50 units. 10
(d) Hotels and motels shall post in a conspicuous place at the registration desk a 11
permanent sign that states the availability of smoke alarm notification appliances for the 12
deaf or hard of hearing individual. 13
(e) (1) Hotels and motels may require a refundable deposit for notification 14
appliances for the deaf or hard of hearing individual. 15
(2) The amount of the deposit may not exceed the value of the notification 16
appliance. 17
(f) A landlord may NOT require reimbursement from a tenant for the cost of a 18
smoke alarm required under this section. 19
9–403. 20
(a) Each high–rise building constructed after July 1, 1974, shall be protected by 21
a complete automatic sprinkler system installed in accordance with accepted engineering 22
practices as approved by the authority with jurisdiction. 23
(b) (1) This section does not apply to a building that is less than 75 feet in 24
height above grade level if: 25
(i) the local fire department has at least one approved first line piece 26
of aerial equipment that is capable of reaching the roof of the building; and 27
(ii) accessibility to the building is provided on two sides of the 28
perimeter of the building by a public way that is: 29
1. kept accessible at all times to the local fire department; 30
and 31 4 HOUSE BILL 823
2. close enough to the building to allow the fire department 1
aerial equipment to reach 75 feet in height. 2
(2) For purposes of this subsection, height above grade level shall be 3
determined by using the lowest elevation of the public way as a reference datum. 4
(C) (1) BEGINNING JULY 1, 2024, THE OWNER OF A RESIDENTIAL RENTAL 5
HIGH–RISE BUILDING THAT IS NOT PROTECTED BY A COMPL ETE AUTOMATIC 6
SPRINKLER SYSTEM SHA LL POST NOTICE IN TH E BUILDING IN ACCORD ANCE WITH 7
PARAGRAPH (2) OF THIS SUBSECTION . 8
(2) NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION 9
SHALL: 10
(I) STATE, IN LETTERING THAT IS AT LEAST 1 INCH HIGH AND 11
ON A CONTRASTING BAC KGROUND, “WARNING: THIS HIGH–RISE BUILDING 12
IS NOT PROTECTED THROUGHOUT BY A COMPLETE AUTOMATIC 13
SPRINKLER SYSTEM”; AND 14
(II) BE CONSPICUOUSLY POS TED AT ALL MAIN BUIL DING 15
ENTRANCES AS APPROVE D BY THE AUTHORITY H AVING JURISD ICTION. 16
(D) (1) BEGINNING JULY 1, 2024, AND CONTINUING UNTIL A 17
RESIDENTIAL RENTAL HIGH –RISE BUILDING IS PRO TECTED BY A COMPLETE 18
AUTOMATIC SPRINKLER SYSTEM, THE OWNER OF A RESIDENTIAL RENTAL 19
HIGH–RISE BUILDING THAT I S NOT PROTECTED SHAL L INCLUDE IN ANY L EASE 20
AGREEMENT CONSPICUOU S NOTICE INDICATING THAT THE BUILDING IS NOT 21
CURRENTLY PROTECTED BY A COMPLETE AUTOMA TIC SPRINKLER SYSTEM . 22
(2) NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION 23
SHALL BE INITIALED B Y THE TENANT. 24
(E) (1) THE DEPARTMENT OF HOUSING AND COMMUNITY 25
DEVELOPMENT , IN COORDINATION WITH THE STATE FIRE MARSHAL AND THE 26
MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL IDENTIFY 27
FUNDING SOURCES THAT MAY BE AVAILABLE TO THE OWNER OF A RESIDENTIAL 28
RENTAL HIGH–RISE BUILDING TO AID THE OWNE R IN PROTECTING THE BUILD ING 29
WITH A COMPLETE AUTO MATIC SPRINKLER SYST EM. 30
(2) THE DEPARTMENT OF HOUSING AND COMMUNITY 31
DEVELOPMENT SHALL PUBLISH INFORMATION ON FUNDING SOURCES I DENTIFIED 32
UNDER PARAGRAPH (1) OF THIS SUBSECTION O N THE DEPARTMENT OF HOUSING 33
AND COMMUNITY DEVELOPMENT ’S WEBSITE. 34 HOUSE BILL 823 5
9–405. 1
(A) For fire safety purposes, the owner of a residential high–rise building with 2
rental units shall provide: 3
(1) reasonable written notice annually to all residents of the residential 4
high–rise building to inform residents who are mobility impaired of their right to request a 5
rental unit on the first five floors of the high–rise building if one should become available; 6
AND 7
(2) FIRE SAFETY AND BUIL DING EVACUATION INFO RMATION AND 8
INSTRUCTION TO: 9
(I) NEW TENANTS AT THE COMMENCEMENT OF OCCUPANCY ; 10
AND 11
(II) EXISTING TENANTS EVE RY 6 MONTHS. 12
(B) INFORMATION AND INSTR UCTION PROVIDED UNDE R SUBSECTION (A)(2) 13
OF THIS SECTION SHAL L INCLUDE IDENTIFICA TION OF FIRE ALARM S YSTEM 14
ELEMENTS IN THE BUIL DING. 15
9–406. 16
EACH RESIDENTIAL RENTAL HIGH–RISE BUILDING SHALL BE EQUIPPED WITH 17
EMERGENCY ESCAPE LIGHTING CONSISTENT WITH APPL ICABLE NFPA STANDARDS 18
FOR ALL COMMON MEANS OF EGRESS . 19
Article – Tax – Property 20
9–268. 21
(A) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 22
GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY GRAN T, BY LAW, 23
A TAX CREDIT AGAINST THE COUNTY OR MUNICI PAL CORPORATION PROP ERTY TAX 24
IMPOSED ON AN APARTM ENT BUILDING OR A CONDOMINIUM BUILDING IF THE 25
OWNER OF THE APARTMENT BUILDING OR THE CONDOMINIUM A SSOCIATION MADE 26
FIRE SAFETY IMPROVEM ENTS TO THE BUILDING ON OR AFTER JULY 1, 2024. 27
(B) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 28
GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY PROV IDE, BY 29
LAW, FOR: 30
6 HOUSE BILL 823
(1) THE AMOUNT AND DURAT ION OF THE TAX CREDI T UNDER THIS 1
SECTION; 2
(2) ADDITIONAL ELIGIBILI TY CRITERIA FOR THE TAX CREDIT UNDER 3
THIS SECTION; AND 4
(3) ANY OTHER PROVISION NECESSARY TO CARRY O UT THIS SECTION. 5
SECTION 2. AND BE IT FURTHER ENACTED, That: 6
(a) There is a Workgroup to Develop Fire Safety Best Practices for Pre–1974 7
High–Rise Buildings. 8
(b) The Workgroup consists of the following members: 9
(1) one member of the Senate of Maryland, appointed by the President of 10
the Senate; 11
(2) one member of the House of Delegates, appointed by the Speaker of the 12
House; 13
(3) the State Fire Marshal, or the State Fire Marshal’s designee; 14
(4) the chair of the State Fire Prevention Commission, or the chair’s 15
designee; 16
(5) the president of the Maryland Fire Chiefs Association, or the 17
president’s designee; 18
(6) the president of the Maryland State Firemen’s Association, or the 19
president’s designee; and 20
(7) the following members, appointed by the Governor: 21
(i) one representative of the Professional Fire Fighters of Maryland; 22
(ii) one representative of a fire sprinkler trade association; 23
(iii) one representative of a fire alarm trade association; 24
(iv) one licensed architect; 25
(v) one fire protection engineer; 26
(vi) one representative of a building owners and managers 27
association; and 28 HOUSE BILL 823 7
(vii) one full–time resident of a high–rise building located in the 1
State. 2
(c) The State Fire Marshal or the State Fire Marshal’s designee shall serve as the 3
chair of the Workgroup. 4
(d) The Department of State Police shall provide staff for the Workgroup. 5
(e) A member of the Workgroup: 6
(1) may not receive compensation as a member of the Workgroup; but 7
(2) is entitled to reimbursement for expenses under the Standard State 8
Travel Regulations, as provided in the State budget. 9
(f) (1) The Workgroup shall: 10
(i) study current strategies, practices, and technology for the 11
installation of fire alarm and automatic fire sprinkler systems in residential rental 12
high–rise buildings constructed before 1974; and 13
(ii) develop best practices and make recommendations for the 14
installation of such systems in residential rental high–rise buildings constructed before 15
1974 in the State. 16
(2) In developing recommendations under paragraph (1) of this section, the 17
Workgroup shall consider: 18
(i) the cost, design, installation, testing, and maintenance of 19
automatic fire sprinkler systems; 20
(ii) the duration of installation and the intensity of the disruption of 21
normal occupancy in high–rise rental buildings; and 22
(iii) the availability and feasibility of alternative approved protection 23
systems and arrangements. 24
(g) On or before December 31, 2024, the Workgroup shall report its findings and 25
recommendations to the Governor and, in accordance with § 2–1257 of the State 26
Government Article, the General Assembly. 27
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 28
effect July 1, 2024. 29
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 30
3 of this Act, this Act shall take effect June 1, 2024. Section 2 of this Act shall remain 31 8 HOUSE BILL 823
effective for a period of 1 year and 1 month and, at the end of June 30, 2025, Section 2 of 1
this Act, with no further action required by the General Assembly, shall be abrogated and 2
of no further force and effect. 3