WES MOORE, Governor Ch. 744
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Chapter 744
(House Bill 823)
AN ACT concerning
Fire Protection and Prevention – Residential Rental Property – Requirements
(Melanie Nicholle Diaz Fire Safety Act)
FOR the purpose of establishing certain requirements relating to the installation of certain
fire safety equipment in residential rental high–rise buildings and certain other
property; requiring the Department of Housing and Community Development, in
coordination with the State Fire Marshal, to identify and publish information on
certain funding sources; authorizing the Mayor and City Council of Baltimore City
or the governing body of a county or municipal corporation to grant, by law, a certain
property tax credit against the county or municipal corporation property tax imposed
on an apartment building or condominium building if the owner or condominium
association made fire safety improvements to the building on or after a certain date;
establishing the Workgroup to Develop Fire Safety Best Practices for Pre–1974
High–Rise Apartment Buildings; and generally relating to fire protection and
prevention in high–rise buildings.
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 9–102, 9–105, 9–403, and 9–405
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Safety
Section 9–406
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Tax – Property
Section 9–268
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
9–102.
Ch. 744 2024 LAWS OF MARYLAND
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(a) (1) IN THIS SECTION, “HIGH–RISE BUILDING” MEANS A BUILDING FOR
HUMAN OCCUPANCY THAT IS:
(I) SEVEN OR MORE STORIE S ABOVE GRADE LEVEL ; OR
(II) OVER 75 FEET IN HEIGHT.
(2) “HIGH–RISE BUILDING” DOES NOT INCLUDE :
(I) A STRUCTURE OR BUILD ING USED EXCLUSIVELY FOR
OPEN–AIR PARKING; OR
(II) A BUILDING USED EXCL USIVELY FOR AGRICULT URAL
PURPOSES.
(B) This subtitle applies throughout the State, including Baltimore City.
(b) (C) (1) An automatic smoke alarm shall be provided in each sleeping
area within each residential occupancy, including one– and two–family dwellings, lodging
or rooming houses, hotels, dormitories, and apartment buildings, as defined in NFPA 101:
Life Safety Code as adopted by the State Fire Prevention Commission.
(2) (I) BEGINNING JULY 1, 2024, SMOKE DETECTION EQUI PMENT
CONSISTENT WITH NFPA 72: NATIONAL FIRE ALARM AND SIGNALING CODE
STANDARDS 31, 2025, SMOKE DETECTORS SHALL BE INSTALLED IN ACCORDANCE
WITH LOCATION AND SP ACING REQUIREMENTS ESTABLISHED BY THE NATIONAL
FIRE PROTECTION ASSOCIATION IN EACH INTERIOR PUBLIC CORRIDOR
ACCESSIBLE BY UNITS IN A RESIDENTIAL REN TAL HIGH–RISE BUILDING.
(II) A COUNTY MAY NOT REQUI RE UPGRADES TO FIRE SAFETY
SYSTEMS NOT SPECIFIE D IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AS A
CONDITION OF ISSUING A PERMIT FOR THE INS TALLATION OF SMOKE D ETECTORS
REQUIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH .
(c) (D) Smoke alarms shall:
(1) be installed in accordance with NFPA 72: National Fire Alarm AND
SIGNALING Code as referenced by the State Fire Prevention Code;
(2) be listed and labeled by a nationally recognized testing laboratory to
comply with Underwriters Laboratories (UL) 217, “Standard for safety for single and
multiple station smoke alarms”;
(3) be suitable for sensing visible or invisible products of combustion; and WES MOORE, Governor Ch. 744
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(4) sound an alarm suitable to warn the occupants.
(d) (E) Local jurisdictions may adopt smoke alarm regulations that are more
stringent than the provisions of this subtitle.
9–105.
(a) Each sleeping room occupied by a deaf, DEAFBLIND, or hard of hearing
individual shall be provided with a smoke alarm suitable to alert the deaf, DEAFBLIND, or
hard of hearing individual.
(b) (1) On written request on behalf of a tenant who is deaf, DEAFBLIND, or
hard of hearing, a sleeping room occupied by a deaf, DEAFBLIND, or hard of hearing
individual shall be provided with an approved notification appliance designed to alert deaf,
DEAFBLIND, or hard of hearing individuals.
(2) The landlord shall provide a notification appliance that, when
activated, provides a signal that is sufficient to warn the deaf, DEAFBLIND, or hard of
hearing tenant in those sleeping rooms.
(3) THE LANDLORD MAY NOT REQUIRE THAT A TENAN T:
(I) PAY FOR THE PU RCHASE OR INSTALLATI ON OF A
NOTIFICATION APPLIAN CE; OR
(II) PROVIDE ANY SUPPORTI NG DOCUMENTATION OR OTHER
FORM OF EVIDENCE WIT H A WRITTEN REQUEST FOR A NOTIFICATION A PPLIANCE.
(c) Hotels and motels shall have available at least one approved notification
appliance for the deaf, DEAFBLIND, or hard of hearing individual for each 50 units or
fraction of 50 units.
(d) Hotels and motels shall post in a conspicuous place at the registration desk a
permanent sign that states the availability of smoke alarm notification appliances for the
deaf, DEAFBLIND, or hard of hearing individual.
(e) (1) Hotels and motels may require a refundable deposit for notification
appliances for the deaf, DEAFBLIND, or hard of hearing individual.
(2) The amount of the deposit may not exceed the value of the notification
appliance.
(f) A landlord may NOT require reimbursement from a tenant for the cost of a
smoke alarm required under this section. Ch. 744 2024 LAWS OF MARYLAND
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9–403.
(a) Each high–rise building constructed after July 1, 1974, shall be protected by
a complete automatic sprinkler system installed in accordance with accepted engineering
practices as approved by the authority with jurisdiction.
(b) (1) This section does not apply to a building that is less than 75 feet in
height above grade level if:
(i) the local fire department has at least one approved first line piece
of aerial equipment that is capable of reaching the roof of the building; and
(ii) accessibility to the building is provided on two sides of the
perimeter of the building by a public way that is:
1. kept accessible at all times to the local fire department;
and
2. close enough to the building to allow the fire department
aerial equipment to reach 75 feet in height.
(2) For purposes of this subsection, height above grade level shall be
determined by using the lowest elevation of the public way as a reference datum.
(C) (1) BEGINNING JULY 1, 2024, THE OWNER OF A RESID ENTIAL RENTAL
HIGH–RISE BUILDING THAT I S NOT PROTECTED BY A COMPLETE AUTOMATIC
SPRINKLER SYSTEM SHALL POST NOTICE IN THE BUILDI NG IN ACCORDANCE WIT H
PARAGRAPH (2) OF THIS SUBSECTION .
(2) NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL:
(I) STATE, IN LETTERING THAT IS AT LEAST 1 INCH HIGH AND
ON A CONTRASTING BAC KGROUND, “WARNING: THIS HIGH–RISE BUILDING
IS NOT PROTECTED THROUGHOUT BY A COMPLETE AUTOMATIC
SPRINKLER SYSTEM”; AND
(II) BE CONSPICUOUSLY POS TED AT ALL MAIN BUIL DING
ENTRANCES AS APPROVE D BY THE AUTHORITY H AVING JURISDICTION .
(D) (1) BEGINNING JULY 1, 2024 JANUARY 1, 2025, AND CONTINUING
UNTIL A RESIDENTIAL RENTAL HIGH–RISE BUILDING IS PRO TECTED BY A COMPLETE
AUTOMATIC SPRINKLER SYSTEM, THE OWNER OF A RESID ENTIAL RENTAL
HIGH–RISE BUILDING THAT I S NOT PROTECTED SHAL L INCLUDE IN ANY LEA SE WES MOORE, Governor Ch. 744
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AGREEMENT CONSPICUOU S NOTICE INDICATING THAT THE BUILDING IS NOT
CURRENTLY PROTECTED BY A COMPLETE AUTOMA TIC SPRINKLER SYSTEM .
(2) NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL BE INITIALED B Y THE TENANT.
(E) (1) THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT , IN COORDINATION WITH THE STATE FIRE MARSHAL AND THE
MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL IDENTIFY
FUNDING SOURCES THAT MAY BE AVAILABLE TO THE OWNER OF A RESID ENTIAL
RENTAL HIGH –RISE BUILDING OR THE GOVERNING BOD Y OF A CONDOMINIUM O R
COOPERATIVE HOUSING CORPORATION TO AID THE OWNER OR GOVERNING BODY IN
PROTECTING THE BUILD ING WITH A COMPLETE AUTOMATIC SPRINKLER SYSTEM.
(2) THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT SHALL PUB LISH INFORMATION ON FUNDI NG SOURCES IDENTIFIE D
UNDER PARAGRAPH (1) OF THIS SUBSECTION O N THE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT ’S WEBSITE.
9–405.
(A) For fire safety purposes, the owner of a residential high–rise building with
rental units shall provide:
(1) reasonable written notice annually to all residents of the residential
high–rise building to inform residents who are mobility impaired of their right to request a
rental unit on the first five floors of the high–rise building if one should become available;
AND
(2) FIRE SAFETY AND BUIL DING EVACUATION INFO RMATION AND
INSTRUCTION TO :
(I) NEW TENANTS AT THE C OMMENCEMENT OF OCCUP ANCY;
AND
(II) EXISTING TENANTS EVE RY 6 MONTHS 2 YEARS.
(B) INFORMATION AND INSTR UCTION PROVIDED UNDE R SUBSECTION (A)(2)
OF THIS SECTION SHAL L INCLUDE IDENTIFICA TION OF FIRE ALARM S YSTEM
ELEMENTS IN THE BUIL DING.
9–406.
Ch. 744 2024 LAWS OF MARYLAND
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EACH RESIDENTIAL RENT AL HIGH–RISE BUILDING SHALL BE EQUIPPED WITH
EMERGENCY ESCAPE LIG HTING CONSISTENT WIT H APPLICABLE NFPA STANDARDS
FOR ALL COMMON MEANS O F EGRESS.
Article – Tax – Property
9–268.
(A) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE
GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY GRAN T, BY LAW,
A TAX CREDIT AGAINST THE COUNTY OR MUNICI PAL CORPORATION PROP ERTY TAX
IMPOSED ON AN APARTM ENT BUILDING OR, A CONDOMINIUM BUILDI NG, OR A
BUILDING OWNED BY A COOPERATIVE HOUSING CORPORATION IF THE OWNER OF
THE APARTMENT BUILDI NG OR, THE CONDOMINIUM ASSO CIATION, OR THE
COOPERATIVE HOUSING CORPORATION MADE FIRE SAFETY IMP ROVEMENTS TO THE
BUILDING ON OR AFTER JULY 1, 2024.
(B) THE MAYOR AN D CITY COUNCIL OF BALTIMORE CITY OR THE
GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY PROV IDE, BY
LAW, FOR:
(1) THE AMOUNT AND DURAT ION OF THE TAX CREDI T UNDER THIS
SECTION;
(2) ADDITIONAL ELIGIBILI TY CRITERIA FOR THE TAX CREDIT UNDER
THIS SECTION; AND
(3) ANY OTHER PROVISION NECESSARY TO CARRY O UT THIS SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) There is a Workgroup to Develop Fire Safety Best Practices for Pre–1974
High–Rise Apartment Buildings.
(b) The Workgroup consists of the following members:
(1) one member of the Senate of Maryland, appointed by the President of
the Senate;
(2) one member of the House of Delegates, appointed by the Speaker of the
House;
(3) the State Fire Marshal, or the State Fire Marshal’s designee;
WES MOORE, Governor Ch. 744
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(4) the chair of the State Fire Prevention Commission, or the chair’s
designee;
(5) the president of the Maryland Fire Chiefs Association, or the
president’s designee;
(6) the president of the Maryland State Firemen’s Association, or the
president’s designee; and
(7) the following members, appointed by the Governor:
(i) one representative of the Professional Fire Fighters of Maryland;
(ii) one representative of a fire sprinkler trade association;
(iii) one representative of a fire alarm trade association;
(iv) one licensed architect;
(v) one fire protection engineer;
(vi) one representative two representatives of a building owners and
managers association; and
(vii) one full–time resident of a high–rise building located in the
State.
(c) The State Fire Marshal or the State Fire Marshal’s designee shall serve as the
chair of the Workgroup.
(d) The Department of State Police shall provide staff for the Workgroup.
(e) A member of the Workgroup:
(1) may not receive compensation as a member of the Workgroup; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) (1) The Workgroup shall:
(i) study current strategies, practices, and technology for the
installation of fire alarm and automatic fire sprinkler systems in residential rental
high–rise buildings constructed before 1974; and
Ch. 744 2024 LAWS OF MARYLAND
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(ii) develop best practices and make recommendations for the
installation of such systems in residential rental high–rise buildings constructed before
1974 in the State.
(2) In developing recommendations under paragraph (1) of this section, the
Workgroup shall consider:
(i) the cost, design, installation, testing, and maintenance of
automatic fire sprinkler systems;
(ii) the duration of installation and the intensity of the disruption of
normal occupancy in high–rise rental buildings; and
(iii) the availability and feasibility of alternative approved protection
systems and arrangements.
(i) study fire safety risks in high–rise apartment buildings that do
not have automatic sprinkler systems or other fire safety technology;
(ii) study current strategies, practices, and technology to mitigate
fire risks, maximize evacuation of occupants, and allow for greater access and more
expedient responses by emergency response professionals; and
(iii) develop recommendations and best practices for the
improvement of fire safety in high–rise apartment buildings that do not have fire sprinkler
systems and other fire safety technology.
(2) In developing recommendations under paragraph (1) of this section, the
Workgroup shall consider:
(i) the availability, feasibility, and degree of fire hazard mitigation
of each alternative fire protection system or arrangement;
(ii) the cost, design, installation, testing, and maintenance of each
fire protection system; and
(iii) the duration of installation for each alternative fire protection
system and the intensity of the disruption of normal occupancy caused by installation.
(g) On or before December 31, 2024, the Workgroup shall report its findings and
recommendations to the Governor and, in accordance with § 2–1257 of the State
Government Article, the General Assembly.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take
effect July 1, 2024.
WES MOORE, Governor Ch. 744
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SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect June 1, 2024. Section 2 of this Act shall remain
effective for a period of 1 year and 1 month and, at the end of June 30, 2025, Section 2 of
this Act, with no further action required by the General Assembly, shall be abrogated and
of no further force and effect.
Approved by the Governor, May 16, 2024.