Md. Code, Public Safety, Title 9

Md. Code, Public Safety, Title 9
in effect

Md. Code, Public Safety § 9-101

(a) In this subtitle the following words have the meanings indicated. (b) “Long–life battery” means a nonrechargeable, nonreplaceable primary battery that is capable of operating a smoke alarm for at least 10 years in the normal condition. (c) “Sleeping area” means a space that includes one or more sleeping rooms and a hall or common area immediately adjacent to any sleeping room. (d) “Sleeping room” means an enclosed room with a bed arranged to be used as a bedroom. (e) “Smoke alarm” means a single or multiple station device that detects visible or invisible products of combustion and includes a built–in internal alarm signal. (f) “Smoke detector” means a system–connected smoke sensing device tied to a fire alarm control panel or a household fire warning panel.

Md. Code, Public Safety § 9-102

(a) (1) In this section, “high–rise building” means a building for human occupancy that is: (i) seven or more stories above grade level; or (ii) over 75 feet in height. (2) “High–rise building” does not include: (i) a structure or building used exclusively for open–air parking; or (ii) a building used exclusively for agricultural purposes. (b) This subtitle applies throughout the State, including Baltimore City. (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 31, 2025, smoke detectors shall be installed in accordance with location and spacing requirements established by the National Fire Protection Association in each interior public corridor in a residential rental high–rise building. (ii) A county may not require upgrades to fire safety systems not specified in subparagraph (i) of this paragraph as a condition of issuing a permit for the installation of smoke detectors required under subparagraph (i) of this paragraph. (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 (4) sound an alarm suitable to warn the occupants. (e) Local jurisdictions may adopt smoke alarm regulations that are more stringent than the provisions of this subtitle.

Md. Code, Public Safety § 9-103

(a) This section applies only to new residential units constructed on or after July 1, 2013. (b) At least one smoke alarm shall be installed in each sleeping room, in the hallway or common area outside of sleeping rooms, and in the hallway or common area on each level within a residential dwelling unit, including basements and excluding unoccupied attics, garages, and crawl spaces. (c) If two or more smoke alarms are required within a residential unit, the smoke alarms shall be arranged so that activation of any one smoke alarm causes alarm activation of all other required smoke alarms within the residential unit. (d) Each smoke alarm required by this section shall operate on an alternating current (AC) primary source of electric power with a battery backup or an approved alternate secondary power source. (e) In one– and two–family dwellings, a smoke detector installed as a part of an approved household fire alarm system is an acceptable alternative to the AC powered–battery backup smoke alarm required by this section, if the smoke detector is installed and located as specified in subsection (b) of this section. (f) A smoke detector installed as a part of an approved fire alarm system is an acceptable alternative to the AC powered–battery backup smoke alarm required by this section, if the smoke detector is installed and located as specified in subsection (b) of this section.

Md. Code, Public Safety § 9-104

(a) (1) At least one smoke alarm shall be provided in each residential sleeping area. (2) Smoke alarms required in one– and two–family dwellings constructed before July 1, 1975, shall be battery powered or alternating current (AC) primary electric powered units. (3) Smoke alarms required in one– and two–family dwellings constructed between July 1, 1975, and June 30, 1990, shall be alternating current (AC) primary electric powered units. (4) Smoke alarms required in multifamily residential occupancies including apartments, lodging or rooming houses, dormitories, and hotels shall be alternating current (AC) primary electric powered units. (5) Smoke alarms required in a residential occupancy constructed on or after July 1, 1990, shall be alternating current (AC) primary electric powered units with battery backup or an approved alternate secondary power source. (b) At least one smoke alarm shall be installed in each level of a residential occupancy constructed on or after January 1, 1989, including basements and excluding unoccupied attics, garages, and crawl spaces. (c) If two or more smoke alarms are required within a residential unit constructed on or after January 1, 1989, the smoke alarms shall be arranged so that activation of any one smoke alarm causes alarm activation of all other required smoke alarms within the residential unit. (d) (1) Subject to paragraph (2) of this subsection, smoke alarm placement in a one– or two–family dwelling shall be upgraded to comply with paragraph (3) of this subsection in existing residential occupancies when any one of the following occurs: (i) the existing smoke alarms exceed 10 years from the date of manufacture; (ii) the existing smoke alarms fail to respond to operability tests or otherwise malfunction; (iii) there is a change of tenant in a residential unit and the residential unit has not previously been equipped in accordance with this subtitle with sealed long–life battery smoke alarms with silence/hush button features within the 10 years preceding the change of tenant; or (iv) a building permit is issued for an additional residential unit or alteration to a residential unit. (2) Smoke alarm placement shall be upgraded to comply with paragraph (3) of this subsection in all existing residential occupancies on or before January 1, 2018. (3) Upgraded smoke alarm placement shall include the following: (i) a minimum of one smoke alarm on each level of the residential unit, including basements and excluding unoccupied attics, garages, and crawl spaces; (ii) smoke alarms shall be alternating current (AC) primary powered units with battery backup, except as follows: 1. smoke alarms in one– and two–family dwellings constructed before July 1, 1975, may be battery operated; and 2. smoke alarms required in new locations by this section, if smoke alarms did not previously exist, may be battery operated; and (iii) if battery operated smoke alarms are permitted, only sealed, tamper resistant units incorporating a silence/hush button and using long–life batteries may be used. (e) In one– and two–family dwellings, a smoke detector installed as a part of an approved household fire alarm system is an acceptable alternative to the AC powered–battery backup smoke alarms required by this section, if the smoke detectors are installed and located as specified in subsection (a) of this section. (f) A smoke detector installed as a part of an approved fire alarm system is an acceptable alternative to the AC powered–battery backup smoke alarms required by this section, if the smoke detectors are installed and located as specified in subsection (a) of this section.

Md. Code, Public Safety § 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 tenant: (i) pay for the purchase or installation of a notification appliance; or (ii) provide any supporting documentation or other form of evidence with a written request for a notification appliance. (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.

Md. Code, Public Safety § 9-106

(a) Smoke alarm requirements shall be enforced by the State Fire Marshal, a county or municipal fire marshal, a fire chief, the Baltimore City Fire Department, or any other designated authority having jurisdiction. (b) (1) The building permit applicant is responsible for the proper installation of required smoke alarms in residential occupancies constructed on or after July 1, 2013. (2) If a building permit is not required, the general contractor shall bear the responsibility described in paragraph (1) of this subsection. (c) The landlord or property owner is responsible for the installation, repair, maintenance, and replacement of smoke alarms required by this subtitle. (d) Occupants of a residential occupancy may not remove or tamper with a required smoke alarm or otherwise render the smoke alarm inoperative. (e) (1) Testing of smoke alarms is the responsibility of the occupant of the residential unit. (2) (i) A tenant shall notify the landlord in writing of the failure or malfunction of a required smoke alarm. (ii) The written notification required under subparagraph (i) of this paragraph shall be delivered by certified mail, return receipt requested to the landlord, or by hand delivery to the landlord or the landlord’s agent, at the address used for the payment of rent. (iii) If the delivery of the notification is made by hand as described in subparagraph (ii) of this paragraph, the landlord or the landlord’s agent shall provide to the tenant a written receipt for the delivery. (iv) The landlord shall provide written acknowledgment of the notification and shall repair or replace the smoke alarm within 5 calendar days after the notification. (f) (1) If a residential unit does not contain alternating current (AC) primary electric power, battery operated smoke alarms or smoke alarm operation on an approved alternate source of power may be permitted. (2) Battery operated smoke alarms shall be sealed, tamper resistant units incorporating a silence/hush button and using long–life batteries. (g) A smoke alarm may be combined with a carbon monoxide alarm if the device complies with: (1) this subtitle; (2) Title 12 of this article; and (3) Underwriters Laboratories (UL) Standards 217 and 2034.

Md. Code, Public Safety § 9-106.1

§9–106.1. (a) This section does not apply to: (1) a fire alarm, a smoke detector, a smoke alarm, or an ancillary component that is: (i) electronically connected as a part of a listed centrally monitored or supervised alarm system; or (ii) capable of sending and receiving notifications by: 1. a low–power radio frequency wireless communication signal; or 2. a wireless local area networking capability; or (2) any other device that the State Fire Marshal designates as exempt through the regulatory process. (b) On or after October 1, 2018, a person may not sell a battery operated smoke alarm in the State for compliance with this subtitle unless the smoke alarm is a sealed, tamper resistant unit incorporating a silence/hush button and using one or more long–life batteries.

Md. Code, Public Safety § 9-108

(a) If the State Fire Marshal or other designated authority with jurisdiction finds the absence of operating, required smoke detectors, the State Fire Marshal or other authority shall issue a smoke alarm installation order to the responsible landlord, owner, or occupant. (b) The responsible person shall comply with a smoke alarm installation order within 5 calendar days.

Md. Code, Public Safety § 9-109

(a) A person may not knowingly violate this subtitle. (b) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 days or a fine not exceeding $1,000 or both. (2) A person who violates § 9–106.1 of this subtitle is subject to a fine not exceeding $1,000.

Md. Code, Public Safety § 9-201

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Dormitory” means a building or space in a building that: (i) is under joint occupancy and single management; and (ii) provides group sleeping accommodations: 1. with or without meals, but without individual cooking facilities; 2. for more than 16 individuals who are not members of the same family group; and 3. in one room or in a series of closely associated rooms. (2) “Dormitory” includes a school dormitory, fraternity house, and military barracks. (c) “Dwelling unit” means a single unit that: (1) provides complete, independent living facilities for one or more individuals; and (2) contains permanent provisions for living, sleeping, eating, cooking, and sanitation. (d) (1) “Hotel” means a building or group of buildings that: (i) is under the same management; (ii) contains more than 16 sleeping accommodations for hire; and (iii) is used primarily by transients who are lodged with or without meals. (2) “Hotel” includes an inn, motel, club, and apartment hotel. (e) (1) “Lodging or rooming house” means a building: (i) in which separate sleeping rooms are rented; and (ii) that provides sleeping accommodations: 1. for 16 or fewer individuals; 2. on either a transient or permanent basis; and 3. with or without meals, but without individual cooking facilities. (2) “Lodging or rooming house” includes an inn, club, and bed and breakfast establishment. (f) (1) “Multifamily residential dwelling” means a building or part of a building that: (i) contains more than two dwelling units; and (ii) is not classified as a one or two family dwelling. (2) “Multifamily residential dwelling” does not include a town house. (g) (1) “Public water system” means a system that: (i) provides the public with piped water for human consumption; and (ii) has at least 15 service connections or regularly serves at least 25 individuals. (2) “Public water system” includes: (i) a collection, treatment, storage, or distribution facility that is under the control of the operator of the system and is used primarily in connection with the system; and (ii) a collection or pretreatment storage facility that is not under the control of the operator of the system and is used primarily in connection with the system. (h) “Sprinkler system” means a device that: (1) opens automatically by operation of a heat responsive releasing mechanism; (2) discharges water in a specific pattern over a designated area to extinguish or control fire; and (3) uses the same service water supply pipe to the dwelling unit that the public water system uses. (i) “Town house” means a single family dwelling unit that is constructed in a horizontal series of attached units with property lines separating the units.

Md. Code, Public Safety § 9-202

(a) Except as provided in subsection (b) of this section, this subtitle does not preclude a local jurisdiction from adopting more stringent standards to govern the installation of sprinkler systems in new construction. (b) Industrialized buildings under the authority of the Department of Housing and Community Development in accordance with Title 12, Subtitle 3 of this article shall comply with the standard for the installation of sprinkler systems in residential occupancies as adopted in the regulations of the State Fire Prevention Commission.

Md. Code, Public Safety § 9-203

The State Fire Marshal or a local or State authority with jurisdiction over the enforcement of fire and building codes may enforce this subtitle.

Md. Code, Public Safety § 9-204

(a) Each sprinkler system required under this section shall: (1) be installed in accordance with accepted engineering practices that meet the standard for the installation of sprinkler systems in residential occupancies under the regulations of the State Fire Prevention Commission or the local authority with jurisdiction over the enforcement of fire and building codes; (2) meet the requirements of the current National Fire Protection Association standards; and (3) be approved by the State Fire Marshal or the local authority with jurisdiction over the enforcement of fire codes. (b) (1) In a jurisdiction in which building permits are issued, a sprinkler system shall be installed in: (i) each newly constructed dormitory, hotel, lodging or rooming house, or multifamily residential dwelling for which the initial building permit is issued on or after July 1, 1990; and (ii) each newly constructed town house for which the initial building permit is issued on or after July 1, 1992. (2) In a jurisdiction in which building permits are not issued, a sprinkler system shall be installed in: (i) each dormitory, hotel, lodging or rooming house, or multifamily residential dwelling on which construction begins on or after July 1, 1990; and (ii) each town house on which construction begins on or after July 1, 1992. (c) If a dwelling unit is not serviced by a public water system, subsections (a) and (b) of this section do not apply.

Md. Code, Public Safety § 9-205

(a) Except as provided in subsection (b) of this section, if there is clear evidence that an exception will not adversely affect the fire safety of a building or its occupants, the State Fire Marshal or a local authority with jurisdiction over the enforcement of fire and building codes may grant an exception to: (1) a requirement of a State or local fire and building code if a sprinkler system is installed in a building as required by this subtitle; or (2) the sprinkler system requirement of this subtitle if, on or before June 30, 1990: (i) the local authority gave approval to a construction plan for a dormitory, hotel, lodging or rooming house, multifamily residential unit, or town house; and (ii) the approved plan did not include the installation of a sprinkler system as required by this subtitle. (b) The State Fire Marshal or a local authority may not grant an exception under this section to a smoke detector requirement.

Md. Code, Public Safety § 9-206

(a) A person may not knowingly violate this subtitle. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 days or a fine not exceeding $1,000 or both.

Md. Code, Public Safety § 9-301

(a) This subtitle: (1) is in addition to any existing fire safety laws; and (2) does not limit the authority of the State Fire Prevention Commission or State Fire Marshal to act under existing fire safety laws. (b) If there is clear evidence that equivalent protection of human life will be provided as required by this subtitle, exceptions to this subtitle may be made by: (1) the State Fire Prevention Commission; (2) the State Fire Marshal; (3) a county fire chief; (4) a fire administrator with responsibility for code enforcement; and (5) in Baltimore City, the Board of Fire Commissioners or the Chief of the Fire Department. (c) This subtitle does not prevent a county or municipal corporation from enacting more stringent laws to govern the installation of fire sprinkler systems.

Md. Code, Public Safety § 9-303

(a) Except as provided in subsection (b) of this section, each hotel or motel with 10 or more units for which a contract for construction is executed after July 1, 1989, shall have installed a fast response residential fire sprinkler system that is intended: (1) to detect and control a fire automatically; (2) to provide improved protection against injury, loss of life, and property damage; (3) to maintain survivable conditions in the room of fire origin; and (4) to improve the chance for occupants to escape or be evacuated. (b) A hotel or motel need not install a fast response residential fire sprinkler system if: (1) the hotel or motel is a one or two story building; and (2) all occupants are able to exit directly to the exterior of the building and not only to a central corridor through an approved exit door, as those terms are used in the most recent edition of the National Fire Protection Association Life Safety Code adopted by the State Fire Prevention Commission.

Md. Code, Public Safety § 9-304

Each fast response residential fire sprinkler system installed shall: (1) be designed and constructed in accordance with accepted engineering practices; and (2) comply with standards and regulations developed and adopted by: (i) the State Fire Prevention Commission; (ii) a county fire chief; (iii) a fire administrator with responsibility for code enforcement; or (iv) in Baltimore City, the Chief of the Fire Department.

Md. Code, Public Safety § 9-305

When evaluating and approving a builder’s overall site development and construction plans, the cost of the builder’s installation of fast response residential fire sprinkler systems shall be considered by: (1) local building officials; (2) local fire chiefs; (3) the State Fire Prevention Commission; (4) the State Fire Marshal; (5) fire administrators with responsibility for code enforcement; and (6) in Baltimore City, the Chief of the Fire Department.

Md. Code, Public Safety § 9-401

(a) In this subtitle the following words have the meanings indicated. (b) (1) “High–rise building” means a building for human occupancy that is: (i) four or more stories above grade level; or (ii) over 45 feet in height. (2) “High–rise building” does not include: (i) a structure or building used exclusively for open air parking; or (ii) a building used exclusively for agricultural purposes. (c) “Local fire department” means a career or volunteer fire department. (d) “Mobility impaired” means unable to carry objects or to move or travel without the use of an assistive device or service animal. (e) “Public way” means a paved thoroughfare over 21 feet in width that: (1) is located on privately owned and privately maintained property but is designated for public use; or (2) is publicly owned and publicly maintained.

Md. Code, Public Safety § 9-402

(a) The purpose of this subtitle is to provide for the physical safety and protection of property of occupants of high-rise buildings in case of fire. (b) (1) Without adequate protection, residents of high-rise buildings are dependent on descending multiple flights of steps or jumping from windows when a fire occurs. (2) For many elderly residents of high-rise buildings, this is physically impossible. (3) Most fire fighting and rescue operations are also conducted inside the high-rise building, where there are greater obstacles to rescuing occupants and controlling and extinguishing the fire. (4) Many tragedies could be avoided by installation of automatic fire extinguishing equipment in these situations, usually at no great additional cost to builders.

Md. Code, Public Safety § 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 residential rental high–rise building that is not protected by a complete automatic sprinkler system shall post notice in the building in accordance with 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 background, “WARNING: THIS HIGH–RISE BUILDING IS NOT PROTECTED THROUGHOUT BY A COMPLETE AUTOMATIC SPRINKLER SYSTEM”; and (ii) be conspicuously posted at all main building entrances as approved by the authority having jurisdiction. (d) (1) Beginning January 1, 2025, and continuing until a residential rental high–rise building is protected by a complete automatic sprinkler system, the owner of a residential rental high–rise building that is not protected shall include in any lease agreement conspicuous notice indicating that the building is not currently protected by a complete automatic sprinkler system. (2) Notice required under paragraph (1) of this subsection shall be initialed by 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 residential rental high–rise building or the governing body of a condominium or cooperative housing corporation to aid the owner or governing body in protecting the building with a complete automatic sprinkler system. (2) The Department of Housing and Community Development shall publish information on funding sources identified under paragraph (1) of this subsection on the Department of Housing and Community Development’s website.

Md. Code, Public Safety § 9-404

(a) An order for compliance with the requirements of § 9-403 of this subtitle that is issued in accordance with the authority granted under Title 6, Subtitle 3 of this article may be appealed to the State Fire Prevention Commission. (b) An order for compliance with the requirements of § 9-403 of this subtitle that is issued in accordance with the authority granted by a local law, ordinance, or regulation may be appealed as provided by law, ordinance, or regulation of the local jurisdiction.

Md. Code, Public Safety § 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 building evacuation information and instruction to: (i) new tenants at the commencement of occupancy; and (ii) existing tenants every 2 years. (b) Information and instruction provided under subsection (a)(2) of this section shall include identification of fire alarm system elements in the building.

Md. Code, Public Safety § 9-406

Each residential rental high–rise building shall be equipped with emergency escape lighting consistent with applicable NFPA standards for all common means of egress.

Md. Code, Public Safety § 9-501

(a) This subtitle does not apply to Washington County. (b) This subtitle: (1) is in addition to any existing fire safety laws; and (2) does not limit the authority of the State Fire Prevention Commission or State Fire Marshal to act under existing fire safety laws.

Md. Code, Public Safety § 9-502

Each hotel, motel, and lodging house shall post in a prominent place in each guest room a notice that states: (1) the location of the nearest exits and fire pull stations; (2) the procedures to be followed if the fire or smoke detector gives warning signals; and (3) the procedures to be followed if fire or smoke develops.

Md. Code, Public Safety § 9-503

(a) Each building constructed after July 1, 1977, that is intended to house 50 or more occupants who, because of age, blindness, disability, or physical or mental illness, are unable to evacuate the building without assistance in case of fire, shall be protected throughout the entire building by a system that is: (1) designed to detect and extinguish a fire automatically while sounding an alarm; and (2) installed in accordance with accepted engineering practices approved by the authority with jurisdiction. (b) (1) An order for compliance with the requirements of this section that is issued in accordance with the authority granted under Title 6, Subtitle 3 of this article may be appealed to the State Fire Prevention Commission. (2) An order for compliance with the requirements of this section that is issued in accordance with the authority granted by a local law, ordinance, or regulation may be appealed as provided by law, ordinance, or regulation of the local jurisdiction.

Md. Code, Public Safety § 9-505

Alternative and equivalent fire and safety requirements are allowed in acute care hospitals in accordance with current nationally recognized codes and standards adopted by the appropriate authority with jurisdiction.

Md. Code, Public Safety § 9-506

(a) A person who violates this subtitle is subject to the penalties provided in § 6-601 of this article. (b) A hotel, motel, or lodging house that violates a regulation adopted by the State Fire Prevention Commission is subject to the penalties provided in § 6-601 of this article.

Md. Code, Public Safety § 9-601

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Fire investigator” means an official of the State, a county, or a municipal corporation who is legally designated to have legal responsibility for investigating fires and suppressing arson. (2) “Fire investigator” includes a fire marshal. (c) “Insurer” means a person licensed or established by the State to insure property of any kind.

Md. Code, Public Safety § 9-602

On request of a fire investigator, an insurer investigating a fire loss of real or personal property shall cooperate with and release to the fire investigator any information it has about the fire loss, including: (1) each insurance policy and application for the policy relevant to the fire loss; (2) policy premium payment records; (3) previous claims made by the insured for fire loss; and (4) material that relates to the investigation of the fire loss, proof of loss, and any other relevant evidence.

Md. Code, Public Safety § 9-603

If an insurer has reason to suspect that a fire loss to real or personal property of the insured was caused by incendiary means, the insurer shall: (1) notify the fire investigator; (2) provide the fire investigator with all relevant material acquired during the insurer’s investigation of the fire loss; (3) cooperate with and take any action requested by the fire investigator; and (4) allow a person, on court order, to inspect any of the insurer’s records that relate to the policy and the fire loss.

Md. Code, Public Safety § 9-604

A fire investigator who receives information under this subtitle shall keep the information confidential until the release of the information is required in accordance with a civil or criminal proceeding.

Md. Code, Public Safety § 9-605

(a) In the absence of fraud, an insurer or person who provides information on its behalf is not subject to criminal prosecution for an oral or written statement made or other action taken that is necessary to provide information required under this subtitle. (b) An insurer or person who provides information on its behalf has the immunity from liability described in § 5-409 of the Courts Article.

Md. Code, Public Safety § 9-606

(a) A person may not purposely: (1) refuse to release information that a fire investigator requests under § 9-602 of this subtitle; (2) refuse to report a fire loss to a fire investigator under §§ 9-602 and 9-603 of this subtitle; (3) refuse to provide a fire investigator with relevant information required to be provided under §§ 9-602 and 9-603 of this subtitle; or (4) fail to keep information confidential as required under § 9-604 of this subtitle. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 days or a fine not exceeding $1,000 or both.

Md. Code, Public Safety § 9-701

(a) Subject to subsection (e) of this section, the local governing body of each county and the legislative body of each municipal corporation in the State may adopt by ordinance or resolution a fire prevention code to: (1) provide for protection against fires and the removal of fire hazards; (2) provide for the appointment of inspectors to enforce the fire prevention code; and (3) establish penalties for violation of the fire prevention code or an ordinance, resolution, or regulation for the prevention of fires or removal of fire hazards. (b) (1) Subject to paragraph (2) of this subsection, a fire prevention code of a county or municipal corporation adopted under this section may incorporate by reference a code or part of a code prepared by a governmental unit or a trade or professional association for general distribution in printed form as a standard or model on any subject that relates to fire prevention, fire hazards, or flammable or dangerous substances. (2) An amendment to a standard or model code described in paragraph (1) of this subsection is not effective until specifically incorporated into the fire prevention code of the county or municipal corporation. (c) (1) Except as provided in subsection (e) of this section, the local governing body of a county or legislative body of a municipal corporation may not adopt a fire prevention code under this section until a summary of the proposal is published for at least 3 weeks in one or more newspapers of general circulation in the county or municipal corporation. (2) The summary shall specify the date for a public hearing on the proposal and shall state that copies of the proposal may be obtained on application to: (i) for a county fire prevention code, the administrative officer of the county; or (ii) for a municipal fire prevention code, the clerk of the municipal corporation. (d) Except as provided in subsection (e) of this section, a fire prevention code adopted by a county under this section does not apply within a municipal corporation that has adopted a fire prevention code after the effective date of the adoption of the fire prevention code by the municipal corporation. (e) (1) This subsection applies only to Frederick County. (2) The summary of the fire prevention code required to be published under subsection (c) of this section shall be published in one or more newspapers of general circulation in the county at least 2 weeks before the adoption of the fire prevention code by the county. (3) A copy of the fire prevention code proposed for adoption under this section may be obtained on application to the administrative officer of the county.

Md. Code, Public Safety § 9-702

(a) In this section, “plan review” has the meaning stated in § 6–308 of this article. (b) (1) This section applies only to: (i) a county that has adopted a comprehensive nationally recognized fire prevention code as the fire prevention code of the county; or (ii) a municipal corporation that has adopted a comprehensive nationally recognized fire prevention code as the fire prevention code of the municipal corporation. (2) This section does not apply to an inspection or plan review that is not within the jurisdiction of or is not conducted by: (i) the county fire prevention bureau or office of county fire marshal; or (ii) the municipal fire prevention bureau or office of municipal fire marshal. (c) (1) To ensure compliance with the fire prevention code of the county or municipal corporation, the local governing body of the county or legislative body of the municipal corporation may adopt ordinances or regulations to establish and administer a fee schedule for conducting inspections and plan reviews. (2) (i) The county fire prevention bureau shall: 1. collect the fees established by the local governing body of the county for conducting inspections; 2. keep records of all fees collected under this section; and 3. pay all money collected under this section into the general fund of the county. (ii) The municipal fire prevention bureau shall: 1. collect the fees established by the legislative body of the municipal corporation for conducting inspections; 2. keep records of all fees collected under this section; and 3. pay all money collected under this section into the general fund of the municipal corporation. (3) To ensure that the money collected at least covers the costs of conducting inspections and plan reviews, the fee schedule adopted under this section shall be reviewed annually by: (i) for a county, the local governing body of the county and the chief fiscal officer of the county; and (ii) for a municipal corporation, the legislative body of the municipal corporation and the chief fiscal officer of the municipal corporation. (d) (1) Plans shall be submitted to the county fire prevention bureau and to the municipal fire prevention bureau for plan review and approval before actual construction of: (i) a new building or addition; (ii) a building undergoing a change of occupancy that requires substantial modification; or (iii) a part of a building that has sustained damage from fire, explosion, or other cause. (2) Plans for a building undergoing alterations, renovations, or remodeling that do not require submission under paragraph (1) of this subsection shall be submitted for review of maintenance of proper egress and fire protection features. (3) (i) The county fire prevention bureau shall conduct a plan review to ensure compliance with the fire prevention code of the county. (ii) The municipal fire prevention bureau shall conduct a plan review to ensure compliance with the fire prevention code of the municipal corporation. (4) The fee for each plan review shall be submitted with the plans.

Md. Code, Public Safety § 9-801

(a) In this subtitle the following words have the meanings indicated. (b) “Combustible material” includes waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish, or other material that is or may become dangerous as a fire menace. (c) “Fire official” means: (1) a member of a board of fire commissioners of a municipal corporation of the State; (2) a chief or assistant to the chief of a fire department of a municipal corporation of the State; (3) an officer or member of a fire department of a municipal corporation of the State acting under the direction of the board of fire commissioners or fire chief; or (4) a chief, chief engineer, captain, or lieutenant of a volunteer fire company, fire district, or any other organization created for the purpose of and engaged in the work of extinguishing fires in an unincorporated town, municipal corporation, or county of the State.

Md. Code, Public Safety § 9-803

(a) (1) A fire official may inspect a building, structure, or other place under the jurisdiction of the fire official, except the interior of a private dwelling, where combustible material has been allowed to accumulate or where the fire official has reason to believe that combustible material has accumulated or may be accumulated. (2) At any time and without liability for trespass, a fire official: (i) may enter, at the fire official’s own risk, a building, including a private dwelling, or on premises where a fire is burning, or where there is reasonable cause to believe a fire is burning, to extinguish the fire; (ii) may enter, at the fire official’s own risk, a building, including a private dwelling, or on premises near the scene of a fire to protect the building or premises or to extinguish the fire; (iii) when responding to or operating at a fire or other emergency: 1. may order an individual to leave a building or place in the vicinity of the fire or other emergency to protect the individual from injury; 2. may order, after consultation with the senior railroad or transportation official present, a convoy, caravan, or train of vehicles, craft, or railway cars to be detached or uncoupled if the fire official determines that to do so is in the interest of safety of individuals or property; and 3. may enter a building that is in danger of the spread of fire to prevent a potential emergency, including an explosion, in the building; and (iv) to maintain order in the vicinity of a fire or other emergency: 1. may direct the actions of firefighters at the fire or other emergency; 2. may keep bystanders or other individuals at a safe distance from the fire or other emergency and from fire equipment; 3. may facilitate the speedy movement and operation of fire-fighting equipment and firefighters; and 4. until the arrival of sufficient police officers, may direct traffic personally or have a subordinate do so to facilitate the movement of traffic. (b) Notwithstanding subsection (a) of this section, a fire official may not inhibit or obstruct members of rescue squads from performing their duties in the vicinity of a fire or other emergency.

Md. Code, Public Safety § 9-804

(a) A fire official shall give written notice to the occupant of premises where combustible material has accumulated to remove the combustible material from the premises within 48 hours after receipt of the notice, if after an inspection made under this subtitle, the fire official determines that the accumulation of combustible material increases the danger of fire to: (1) the premises where the combustible material has accumulated; or (2) adjacent property. (b) (1) If the combustible material is not removed from the premises within 48 hours after receipt of a notice under subsection (a) of this section, the fire official may: (i) remove the combustible material from the premises; (ii) send a bill to the occupant of the premises for the cost of the removal; and (iii) certify the cost of the removal to the treasurer of the jurisdiction. (2) If the cost of the removal is not paid to the treasurer within 30 days after receipt of the bill, the jurisdiction may bring a civil action against the occupant to recover the cost. (c) (1) A person may not refuse or neglect to remove combustible material within 48 hours after receipt of a notice under subsection (a) of this section. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of not less than $5 and not exceeding $50 for each violation.

Md. Code, Public Safety § 9-805

(a) A person may not hinder, obstruct, or refuse to allow a fire inspection under this subtitle. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 30 days or a fine not less than $10 and not exceeding $100.

Md. Code, Public Safety § 9-901

In this subtitle, “fire sprinkler contractor” means a person who designs, installs, inspects, tests, repairs, or modifies a fire sprinkler system.

Md. Code, Public Safety § 9-902

(a) The State Fire Prevention Commission shall adopt regulations to establish a program to license and regulate fire sprinkler contractors in the State. (b) The State Fire Prevention Commission shall adopt regulations to: (1) define fire sprinkler contractor; (2) define fire sprinkler system, in a manner that does not conflict with § 12-101(l), (m), or (n) of the Business Occupations and Professions Article; (3) designate and identify exemptions to the regulations; (4) establish requirements for licensure including professional and technical standards and requirements for liability insurance; (5) establish a schedule of fees for licenses that will recover but not exceed the direct and indirect costs associated with the issuance of the licenses; and (6) establish procedures for the State Fire Marshal to deny, suspend, or revoke the license of a person who fails to comply with any regulation adopted by the State Fire Prevention Commission under this subtitle.

Md. Code, Public Safety § 9-903

(a) Except as provided in subsection (b) of this section, a person may not provide services as a fire sprinkler contractor in the State unless the person is licensed by the State Fire Marshal. (b) This subtitle does not prohibit: (1) inspections and tests of fire sprinkler systems by insurance representatives if the representatives are acting in the performance of their assigned duties; (2) inspections, tests, and repairs of fire sprinkler systems by full–time maintenance employees of a property owner if the employees: (i) are knowledgeable about fire sprinkler systems; and (ii) are acting in the performance of their assigned duties for the property owner; (3) inspections, tests, plan review, and ensuring the maintenance of fire sprinkler systems, emergency maintenance activity on fire sprinkler systems, or restoration to active service of operating or recently operated fire sprinkler systems by members of State, county, municipal, career, or volunteer fire departments, or authorities with jurisdiction if the members are acting in their capacity as members of the fire departments or authorities; (4) installation of limited area fire sprinkler systems or emergency temporary repairs on fire sprinkler systems performed by master plumbers if the plumbers are acting in accordance with regulations adopted by the State Fire Prevention Commission; or (5) inspections, tests, preparation of design and specification documents, hydraulic calculations, layout, and plan review of fire sprinkler systems by Maryland professional engineers if the engineers are knowledgeable about fire sprinkler systems.

Md. Code, Public Safety § 9-904

The State Fire Marshal shall: (1) issue fire sprinkler contractors licenses; (2) collect license fees established by the State Fire Prevention Commission; (3) keep records of all fees collected under this subtitle; (4) pay all money collected under this subtitle into the General Fund; and (5) investigate complaints related to violations of this subtitle.

Md. Code, Public Safety § 9-905

(a) A person may not knowingly violate this subtitle. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 days or a fine not exceeding $1,000 or both.

Md. Code, Public Safety § 9-1001

(a) (1) In this section the following words have the meanings indicated. (2) “Barbecue grill” means equipment used for outdoor cooking that uses as its heat source electricity or the burning of charcoal, liquid propane gas, or other fuel. (3) (i) “Residential dwelling” means a building or part of a building that provides living or sleeping facilities for one or more individuals. (ii) “Residential dwelling” includes a multifamily residential dwelling, hotel, motel, boardinghouse, lodging house, rooming house, inn, club, or dormitory. (iii) “Residential dwelling” does not include: 1. a single family residential dwelling; or 2. a multifamily residential dwelling in which the individual dwelling units are arranged in a row, side by side, and not constructed above each other. (b) In Charles County and Wicomico County, a person may not use a barbecue grill: (1) on a balcony of a residential dwelling; and (2) within 20 feet of any part, including a balcony, of a residential dwelling. (c) A person who violates this section is subject to the penalties of § 6-601 of this article.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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