EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0823* HOUSE BILL 823 E4, Q1 4lr1987 CF SB 689 By: Delegate Charkoudian Delegates Charkoudian, Addison, Allen, Boyce, Foley, Guyton, Jacobs, Lehman, J. Long, T. Morgan, Ruth, Stein, Stewart, and Terrasa Introduced and read first time: January 31, 2024 Assigned to: Environment and Transportation and Ways and Means Committee Report: Favorable with amendments House action: Adopted Read second time: March 7, 2024 CHAPTER ______ 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 Apartment Buildings; and generally relating to fire protection and 14 prevention in 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 2 HOUSE BILL 823 Article – Public Safety 1 Section 9–406 2 Annotated Code of Maryland 3 (2022 Replacement Volume and 2023 Supplement) 4 BY adding to 5 Article – Tax – Property 6 Section 9–268 7 Annotated Code of Maryland 8 (2019 Replacement Volume and 2023 Supplement) 9 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 That the Laws of Maryland read as follows: 11 Article – Public Safety 12 9–102. 13 (a) (1) IN THIS SECTION, “HIGH–RISE BUILDING” MEANS A BUILDING FOR 14 HUMAN OCCUPANCY THAT IS: 15 (I) SEVEN OR MORE STORIE S ABOVE GRADE LEVEL ; OR 16 (II) OVER 75 FEET IN HEIGHT. 17 (2) “HIGH–RISE BUILDING” DOES NOT INCLUDE : 18 (I) A STRUCTURE OR BUILD ING USED EXCLUSIVELY FOR 19 OPEN–AIR PARKING; OR 20 (II) A BUILDING USED EXCL USIVELY FOR AGRICULT URAL 21 PURPOSES. 22 (B) This subtitle applies throughout the State, including Baltimore City. 23 (b) (C) (1) An automatic smoke alarm shall be provided in each sleeping 24 area within each residential occupancy, including one– and two–family dwellings, lodging 25 or rooming houses, hotels, dormitories, and apartment buildings, as defined in NFPA 101: 26 Life Safety Code as adopted by the State Fire Prevention Commission. 27 (2) (I) BEGINNING JULY 1, 2024, SMOKE DETECTION EQUI PMENT 28 CONSISTENT WITH NFPA 72: NATIONAL FIRE ALARM AND SIGNALING CODE 29 STANDARDS 31, 2025, SMOKE DETECTORS SHALL BE INSTALLED IN ACCORDANCE 30 WITH LOCATI ON AND SPACING REQUI REMENTS ESTABLISHED BY THE NATIONAL 31 FIRE PROTECTION ASSOCIATION IN EACH INTERIOR PUBLIC CORRIDOR 32 ACCESSIBLE BY UNITS IN A RESIDENTIAL REN TAL HIGH–RISE BUILDING. 33 HOUSE BILL 823 3 (II) A COUNTY MAY NOT REQUI RE UPGRADES TO FIRE SAFETY 1 SYSTEMS NOT SPECIFIED IN SUBPARA GRAPH (I) OF THIS PARAGRAPH AS A 2 CONDITION OF ISSUING A PERMIT FOR THE INS TALLATION OF SMOKE D ETECTORS 3 REQUIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH . 4 (c) (D) Smoke alarms shall: 5 (1) be installed in accordance with NFPA 72: National Fire Alarm AND 6 SIGNALING Code as referenced by the State Fire Prevention Code; 7 (2) be listed and labeled by a nationally recognized testing laboratory to 8 comply with Underwriters Laboratories (UL) 217, “Standard for safety for single and 9 multiple station smoke alarms”; 10 (3) be suitable for sensing visible or invisible products of combustion; and 11 (4) sound an alarm suitable to warn the occupants. 12 (d) (E) Local jurisdictions may adopt smoke alarm regulations that are more 13 stringent than the provisions of this subtitle. 14 9–105. 15 (a) Each sleeping room occupied by a deaf, DEAFBLIND, or hard of hearing 16 individual shall be provided with a smoke alarm suitable to alert the deaf, DEAFBLIND, or 17 hard of hearing individual. 18 (b) (1) On written request on behalf of a tenant who is deaf, DEAFBLIND, or 19 hard of hearing, a sleeping room occupied by a deaf, DEAFBLIND, or hard of hearing 20 individual shall be provided with an approved notification appliance designed to alert deaf, 21 DEAFBLIND, or hard of hearing individuals. 22 (2) The landlord shall provide a notification appliance that, when 23 activated, provides a signal that is sufficient to warn the deaf, DEAFBLIND, or hard of 24 hearing tenant in those sleeping rooms. 25 (3) THE LANDLORD MAY NOT REQUIRE THAT A TENANT : 26 (I) PAY FOR THE PURCHASE OR INSTALLATION OF A 27 NOTIFICATION APPLIAN CE; OR 28 (II) PROVIDE ANY SUPPORTI NG DOCUMENTATION OR OTHER 29 FORM OF EVIDENCE WIT H A WRITTEN REQUEST FOR A NOTIFICATION A PPLIANCE. 30 4 HOUSE BILL 823 (c) Hotels and motels shall have available at least one approved notification 1 appliance for the deaf, DEAFBLIND, or hard of hearing individual for each 50 units or 2 fraction of 50 units. 3 (d) Hotels and motels shall post in a conspicuous place at the registration desk a 4 permanent sign that states the availability of smoke alarm notification appliances for the 5 deaf, DEAFBLIND, or hard of hearing individual. 6 (e) (1) Hotels and motels may require a refundable deposit for notification 7 appliances for the deaf, DEAFBLIND, or hard of hearing individual. 8 (2) The amount of the deposit may not exceed the value of the notification 9 appliance. 10 (f) A landlord may NOT require reimbursement from a tenant for the cost of a 11 smoke alarm required under this section. 12 9–403. 13 (a) Each high–rise building constructed after July 1, 1974, shall be protected by 14 a complete automatic sprinkler system installed in accordance with accepted engineering 15 practices as approved by the authority with jurisdiction. 16 (b) (1) This section does not apply to a building that is less than 75 feet in 17 height above grade level if: 18 (i) the local fire department has at least one approved first line piece 19 of aerial equipment that is capable of reaching the roof of the building; and 20 (ii) accessibility to the building is provided on two sides of the 21 perimeter of the building by a public way that is: 22 1. kept accessible at all times to the local fire department; 23 and 24 2. close enough to the building to allow the fire department 25 aerial equipment to reach 75 feet in height. 26 (2) For purposes of this subsection, height above grade level shall be 27 determined by using the lowest elevation of the public way as a reference datum. 28 (C) (1) BEGINNING JULY 1, 2024, THE OWNER OF A RESID ENTIAL RENTAL 29 HIGH–RISE BUILDING THAT I S NOT PROT ECTED BY A COMPLETE AUTOMATIC 30 SPRINKLER SYSTEM SHA LL POST NOTICE IN TH E BUILDING IN ACCORD ANCE WITH 31 PARAGRAPH (2) OF THIS SUBSECTION . 32 HOUSE BILL 823 5 (2) NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION 1 SHALL: 2 (I) STATE, IN LETTERING THAT IS AT LEAST 1 INCH HIGH AND 3 ON A CONTRASTING BAC KGROUND, “WARNING: THIS HIGH–RISE BUILDING 4 IS NOT PROTECTED THROUGHOUT BY A COMPLETE AUTOMATIC 5 SPRINKLER SYSTEM”; AND 6 (II) BE CONSPICUOUSLY POS TED AT ALL MAIN BUIL DING 7 ENTRANCES AS APPROVE D BY THE AUTHORITY H AVING JURISDICTI ON. 8 (D) (1) BEGINNING JULY 1, 2024 JANUARY 1, 2025, AND CONTINUING 9 UNTIL A RESIDENTIAL RENTAL HIGH–RISE BUILDING IS PRO TECTED BY A COMPLETE 10 AUTOMATIC SPRINKLER SYSTEM, THE OWNER OF A RESID ENTIAL RENTAL 11 HIGH–RISE BUILDING THAT I S NOT PROTECTED SHAL L INCLUDE IN ANY LEASE 12 AGREEMENT CONSPICUOU S NOTICE INDICATING THAT THE BUILDING IS NOT 13 CURRENTLY PROTECTED BY A COMPLETE AUTOMA TIC SPRINKLER SYSTEM . 14 (2) NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION 15 SHALL BE INITIALED B Y THE TENANT. 16 (E) (1) THE DEPARTMENT OF HOUSING AND COMMUNITY 17 DEVELOPMENT , IN COORDINATION WITH THE STATE FIRE MARSHAL AND THE 18 MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL IDENTIFY 19 FUNDING SOURCES THAT MAY BE AVAILABLE TO THE OWNER OF A RESID ENTIAL 20 RENTAL HIGH –RISE BUILDING OR THE GOVERNING BOD Y OF A CONDOMINIUM O R 21 COOPERATIVE HOUSING CORPORATION TO AID THE OWNER OR GOVERNING BODY IN 22 PROTECTING THE BUILD ING WITH A COMPLETE AUTOMATIC SPRINKLER SYSTEM. 23 (2) THE DEPARTMENT OF HOUSING AND COMMUNITY 24 DEVELOPMENT SHALL PUB LISH INFORMATION ON FUNDING SOURCES IDENTIFIED 25 UNDER PARAGRAPH (1) OF THIS SUBSECTION O N THE DEPARTMENT OF HOUSING 26 AND COMMUNITY DEVELOPMENT ’S WEBSITE. 27 9–405. 28 (A) For fire safety purposes, the owner of a residential high–rise building with 29 rental units shall provide: 30 (1) reasonable written notice annually to all residents of the residential 31 high–rise building to inform residents who are mobility impaired of their right to request a 32 rental unit on the first five floors of the high–rise building if one should become available; 33 AND 34 6 HOUSE BILL 823 (2) FIRE SAFETY AND BUIL DING EVACUATION INFO RMATION AND 1 INSTRUCTION TO : 2 (I) NEW TENANTS AT THE C OMMENCEMENT OF OCCUP ANCY; 3 AND 4 (II) EXISTING TENANTS EVE RY 6 MONTHS 2 YEARS. 5 (B) INFORMATION AND INSTR UCTION PROVIDED UNDE R SUBSECTION (A)(2) 6 OF THIS SECTION SHAL L INCLUDE IDENTIFICA TION OF FIRE ALARM S YSTEM 7 ELEMENTS IN THE BUIL DING. 8 9–406. 9 EACH RESIDENTIAL RENT AL HIGH–RISE BUILDING SHALL BE EQUIPPED WITH 10 EMERGENCY ESCAPE LIG HTING CONSISTENT WIT H APPLICABLE NFPA STANDARDS 11 FOR ALL COMMON MEANS OF EGRESS. 12 Article – Tax – Property 13 9–268. 14 (A) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 15 GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY GRAN T, BY LAW, 16 A TAX CREDIT AGAINST THE COUNTY OR MUNICI PAL CORPO RATION PROPERTY TAX 17 IMPOSED ON AN APARTM ENT BUILDING OR, A CONDOMINIUM BUILDI NG, OR A 18 BUILDING OWNED BY A COOPERATIVE HOUSING CORPORATION IF THE OWNER OF 19 THE APARTMENT BUILDI NG OR, THE CONDOMINIUM ASSO CIATION, OR THE 20 COOPERATIVE HOUSING CORPORATION MADE FIRE SAFETY IMPROVEMEN TS TO THE 21 BUILDING ON OR AFTER JULY 1, 2024. 22 (B) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 23 GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY PROV IDE, BY 24 LAW, FOR: 25 (1) THE AMOUNT AND DURAT ION OF THE TAX CREDI T UNDER THIS 26 SECTION; 27 (2) ADDITIONAL ELIGIBILI TY CRITERIA FOR THE TAX CREDIT UNDER 28 THIS SECTION; AND 29 (3) ANY OTHER PROVISION NECESSARY TO CARRY O UT THIS SECTION. 30 SECTION 2. AND BE IT FURTHER ENACTED, That: 31 HOUSE BILL 823 7 (a) There is a Workgroup to Develop Fire Safety Best Practices for Pre–1974 1 High–Rise Apartment Buildings. 2 (b) The Workgroup consists of the following members: 3 (1) one member of the Senate of Maryland, appointed by the President of 4 the Senate; 5 (2) one member of the House of Delegates, appointed by the Speaker of the 6 House; 7 (3) the State Fire Marshal, or the State Fire Marshal’s designee; 8 (4) the chair of the State Fire Prevention Commission, or the chair’s 9 designee; 10 (5) the president of the Maryland Fire Chiefs Association, or the 11 president’s designee; 12 (6) the president of the Maryland State Firemen’s Association, or the 13 president’s designee; and 14 (7) the following members, appointed by the Governor: 15 (i) one representative of the Professional Fire Fighters of Maryland; 16 (ii) one representative of a fire sprinkler trade association; 17 (iii) one representative of a fire alarm trade association; 18 (iv) one licensed architect; 19 (v) one fire protection engineer; 20 (vi) one representative two representatives of a building owners and 21 managers association; and 22 (vii) one full–time resident of a high–rise building located in the 23 State. 24 (c) The State Fire Marshal or the State Fire Marshal’s designee shall serve as the 25 chair of the Workgroup. 26 (d) The Department of State Police shall provide staff for the Workgroup. 27 (e) A member of the Workgroup: 28 8 HOUSE BILL 823 (1) may not receive compensation as a member of the Workgroup; but 1 (2) is entitled to reimbursement for expenses under the Standard State 2 Travel Regulations, as provided in the State budget. 3 (f) (1) The Workgroup shall: 4 (i) study current strategies, practices, and technology for the 5 installation of fire alarm and automatic fire sprinkler systems in residential rental 6 high–rise buildings constructed before 1974; and 7 (ii) develop best practices and make recommendations for the 8 installation of such systems in residential rental high–rise buildings constructed before 9 1974 in the State. 10 (2) In developing recommendations under paragraph (1) of this section, the 11 Workgroup shall consider: 12 (i) the cost, design, installation, testing, and maintenance of 13 automatic fire sprinkler systems; 14 (ii) the duration of installation and the intensity of the disruption of 15 normal occupancy in high–rise rental buildings; and 16 (iii) the availability and feasibility of alternative approved protection 17 systems and arrangements. 18 (i) study fire safety risks in high–rise apartment buildings that do 19 not have automatic sprinkler systems or other fire safety technology; 20 (ii) study current strategies, practices, and technology to mitigate 21 fire risks, maximize evacuation of occupants, and allow for greater access and more 22 expedient responses by emergency response professionals; and 23 (iii) develop recommendations and best practices for the 24 improvement of fire safety in high–rise apartment buildings that do not have fire sprinkler 25 systems and other fire safety technology. 26 (2) In developing recommendations under paragraph (1) of this section, the 27 Workgroup shall consider: 28 (i) the availability, feasibility, and degree of fire hazard mitigation 29 of each alternative fire protection system or arrangement; 30 (ii) the cost, design, installation, testing, and maintenance of each 31 fire protection system; and 32 HOUSE BILL 823 9 (iii) the duration of installation for each alternative fire protection 1 system and the intensity of the disruption of normal occupancy caused by installation. 2 (g) On or before December 31, 2024, the Workgroup shall report its findings and 3 recommendations to the Governor and, in accordance with § 2 –1257 of the State 4 Government Article, the General Assembly. 5 SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 6 effect July 1, 2024. 7 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 8 3 of this Act, this Act shall take effect June 1, 2024. Section 2 of this Act shall remain 9 effective for a period of 1 year and 1 month and, at the end of June 30, 2025, Section 2 of 10 this Act, with no further action required by the General Assembly, shall be abrogated and 11 of no further force and effect. 12 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.