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*hb0149*
HOUSE BILL 149
E4 (6lr1591)
ENROLLED BILL
— Economic Matters/Education, Energy, and the Environment —
Introduced by Delegate Charkoudian
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Fire Prevention – Assistant Fire Marshals, Residential Rental High–Rise 2
Property Fire Safety Equipment, and Fire Alarm System Technicians 3
FOR the purpose of authorizing a county or municipal corporation to designate certain fire 4
marshals with the approval of the State Fire Marshal or to request that the State 5
Fire Marshal designate certain fire marshals and requir ing the State Fire Marshal 6
to adopt certain regulations governing the qualifications, training, standards, and 7
certification of designees; requiring installation of certain fire prevention in certain 8
high–rise residential buildings; requiring the State Fir e Prevention Commission to 9
adopt certain regulations relating to fire alarm system technicians; and generally 10
relating to fire safety. 11
BY repealing and reenacting, with amendments, 12
Article – Public Safety 13
Section 6–304, 9–102, 9–901, and 9–902 14
2 HOUSE BILL 149
Annotated Code of Maryland 1
(2022 Replacement Volume and 2025 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
6–304. 6
(a) (1) A county or municipal corporation of the State may designate WITH 7
THE APPROVAL OF THE STATE FIRE MARSHAL, OR MAY REQUEST THAT THE STATE 8
FIRE MARSHAL DESIGNATE , a fire marshal or appropriate fire official to serve as 9
assistant State fire marshal to carry out this title, including issuing orders, in that county 10
or municipal corporation. 11
(2) An assistant State fire marshal may not receive compensation from the 12
State. 13
(3) The State Fire Marshal shall carry out this title in a county or 14
municipal corporation that [has not] DOES NOT HAVE A designated [an] assistant State 15
fire marshal. 16
(b) (1) [An assistant State fire marshal shall have at least completed National 17
Fire Protection Association (NFPA) Standard 1031 – Fire Inspector I, or the equivalent, as 18
determined by the State F ire Marshal. ] THE STATE FIRE MARSHAL SHALL ADOPT 19
REGULATIONS ESTABLISHING REQUIREMENTS FOR ALL INDIVIDUALS DESIGNATED 20
AS AN ASSISTANT STATE FIRE MARSHAL OR A SPECIAL ASSISTANT STATE FIRE 21
MARSHAL UNDER SUBSECTION (A)(1) OF THIS SECTION, INCLUDING: 22
(I) MINIMUM TRAINING , CERTIFICATION, AND OTHER 23
STANDARDS RELATING TO FIRE INSPECTION; 24
(II) MINIMUM TRAINING , CERTIFICATION, AND OTHER 25
STANDARDS FOR FIRE P LAN REVIEW , A FIRE PLAN EXAMINER , OR FIRE PLAN 26
ENGINEERING STAFF; 27
(III) MINIMUM TRAINING , CERTIFICATION, AND OTHER 28
STANDARDS RELATING TO FIRE INSPECTION INVESTIGATION; 29
(IV) ACCEPTABLE MINIMUM S TANDARDS FOR THE ELI GIBILITY 30
OF AN INDIVIDUAL TO SERVE AS AN ASSISTANT STATE FIRE MARSHAL OR A SPECIAL 31
ASSISTANT STATE FIRE MARSHAL; AND 32
HOUSE BILL 149 3
(V) POLICIES FOR APPLICATION FOR, REVIEW OF, EXPIRATION 1
OF, RENEWAL OF, AND PROBATIONARY STATUS FOR THE POSITION S OF ASSISTANT 2
STATE FIRE MARSHAL AND SPECIAL ASSISTANT STATE FIRE MARSHAL. 3
(2) The State Fire Marshal may administer an examination based on 4
NFPA [Standard 1031] STANDARDS AS RELEVANT FOR THE REQUIREMEN TS LISTED 5
IN PARAGRAPH (1) OF THIS SUBSECTION before designating an individual as an 6
assistant State fire marshal OR SPECIAL ASSISTANT STATE FIRE MARSHAL. 7
(c) (1) The State Fire Marshal may designate as a special assistant State fire 8
marshal: 9
(i) a law enforcement officer involved in arson investigations; 10
(ii) any other suitable individual who meets the standards 11
established under this section; or 12
(iii) on the advice of an assistant State fire marsh al, a member of a 13
fire department if: 14
1. the designee is a full –time employee of the fire 15
department; 16
2. the designee performs fire inspections or fire 17
investigations for the fire department; and 18
3. the fire department is organized and operates in the State. 19
(2) A special assistant State fire marshal serves at the pleasure of the State 20
Fire Marshal. 21
(3) A special assistant State fire marshal may not receive compensation 22
from the State. 23
(4) Each special assistant State fire marsh al shall assist the State Fire 24
Marshal in carrying out the duties of the State Fire Marshal under this title. 25
(d) The Commission may remove an assistant or special assistant State fire 26
marshal for just cause by a majority decision: 27
(1) on the recommendation of the State Fire Marshal; and 28
(2) after an administrative hearing. 29
9–102. 30
4 HOUSE BILL 149
(a) (1) In this section, “high –rise building” means a building [for human 1
occupancy that is: 2
(i) seven or more stories above grade level; or 3
(ii) over 75 feet in height] WHERE THE FLOOR OF AN OCCUPIABLE 4
STORY IS GREATER THAN 75 FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT 5
VEHICLE ACCESS. 6
(2) “High–rise building” does not include: 7
(i) a structure or building used exclusively for open–air parking; or 8
(ii) a building used exclusively for agricultural purposes. 9
(b) This subtitle applies throughout the State, including Baltimore City. 10
(c) (1) An automatic smoke alarm shall be provided in each sleeping area 11
within each residential occupancy, including one– and two –family dwellings, lodging or 12
rooming houses, hotels, dormitories, and apartment buildings, as defined in NFPA 101: Life 13
Safety Code as adopted by the State Fire Prevention Commission. 14
(2) (i) Beginning July 31, 2025, smoke detectors shall b e installed in 15
accordance with location and spacing requirements established by the National Fire 16
Protection Association in each interior public corridor in a residential rental high –rise 17
building. 18
(ii) A county may not require upgrades to fire safety systems not 19
specified in subparagraph (i) of this paragraph as a condition of issuing a permit for the 20
installation of smoke detectors required under subparagraph (i) of this paragraph. 21
(3) (I) IN THIS PARAGRAPH, “SUBSTANTIAL RENOVATION” MEANS 22
PERMANENT ALTERATIONS THAT: 23
1. ARE INTENDED TO ENHA NCE THE VALUE OF A 24
BUILDING; AND 25
2. COST AN AMOUNT EQUAL TO OR GREATER THAN 40% 26
OF THE VALUE OF THE BUILDING AS ASSESSED BY THE STATE DEPARTMENT OF 27
ASSESSMENTS AND TAXATION.; AND 28
3. MEET THE CRITERIA FOR SUBSTANTIAL RENOVATION 29
UNDER ANY APPLICABLE LOCAL LAW. 30
HOUSE BILL 149 5
(II) BEGINNING OCTOBER 1, 2026, AUTOMATIC FIRE 1
SPRINKLERS SHALL BE INSTALLED IN ACCORDA NCE WITH NFPA LIFE SAFETY 2
CODE AND NFPA STANDARDS IN EACH RESIDENTIAL RENTAL HIGH–RISE BUILDING 3
THAT IS U NDERGOING A SUBSTANT IAL RENOVATION THAT RECEIVES BUILDI NG 4
PERMITS ON OR AFTER OCTOBER 1, 2026. 5
(III) IN DETERMINING WHETHE R A PROPOSED SUBSTAN TIAL 6
RENOVATION IS INTENDED TO ENHANCE THE VALUE OF A BUILDING EXCLUSIVE OF 7
LAND VALUE , A COUNTY MAY CONSIDE R BUILDING IMPROVEMENT S COMPLETED 8
OVER A 4–YEAR TIME PERIOD FROM THE DATE OF THE INITIAL BUILDING PERMIT.: 9
1. THE EXISTING PHYSICAL CONDITION OF THE RENTAL 10
HOUSING; 11
2. WHETHER THE EXISTING PHYSICAL CONDITION 12
IMPAIRS OR TENDS TO IMPAIR THE HEALTH , SAFETY, AND SECURITY OF ANY 13
TENANT; 14
3. WHETHER THE DEFICIEN CIES IN THE EXISTING 15
PHYSICAL CONDITIONS COULD INSTEAD BE COR RECTED BY IMPROVED 16
MAINTENANCE OR REPAIR; AND 17
4. WHETHER THE PROPOSED RENOVATIONS ARE 18
OPTIONAL OR COSMETIC CHANGES. 19
(IV) A SUBSTANTIALLY RENOVA TED RESIDENTIAL RENT AL 20
HIGH–RISE BUILDING SHALL ALSO HAVE THE FOLLOW ING FIRE PROTECTION AND 21
LIFE SAFETY FEATURES: 22
1. SMOKE ALARMS OR HEAT DETECTORS IN EVERY 23
SLEEPING AREA; 24
2. STAIRWELLS ENCLOSED WITH AT LEAST 2–HOUR FIRE 25
RESISTANCE RATED CONSTRUCTION WITH AT LEAST 90–MINUTE FIRE RESISTANCE 26
RELATED RATED, SELF–CLOSING, AND SELF–LATCHING DOORS; 27
3. AT LEAST 20–MINUTE FIRE RESISTAN CE RATED 28
CORRIDOR DOORS UNLESS PARTIAL SPRIN KLER PROTECTION IS P ROVIDED WITH 29
APPROPRIATELY RATED CORRIDOR WALLS; 30
4. SMOKEPROOF EXIT ENCL OSURES VIA NATURAL 31
VENTILATION, MECHANICAL VENTILATI ON INCORPORATING A V ESTIBULE, OR 32
PRESSURIZING THE STAIR ENCLOSURE; 33
6 HOUSE BILL 149
5. AT LEAST TWO SMOKE C OMPARTMENTS ON EACH 1
FLOOR; AND 2
6. DECREASED MAXIMUM EX IT AC CESS TRAVEL 3
DISTANCES INADEQUATE FIRE PUMPS REPLACED WHEN NECESSARY. 4
(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
(e) Local jurisdictions may adopt smoke alarm regulations that are more 13
stringent than the provisions of this subtitle. 14
9–901. 15
(A) In this subtitle [, “fire ] THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(B) “FIRE ALARM SYSTEM TECHNICIAN” MEANS A PERSON WHO IS ENGAGED 18
IN THE PERFORMANCE , INSTALLATION, DOCUMENTATION, PLANNING, AND 19
COORDINATION OF THE PERIODIC INSPECTION AND TESTING OF EXIST ING FIRE 20
ALARM SYSTEMS AND TH EIR COMPONENTS, NOT INCLUDING T HE COMMISSIONING 21
OF NEW SYSTEMS. 22
(C) “FIRE sprinkler contractor” means a person who designs, installs, inspects, 23
tests, repairs, or modifies a fire sprinkler system. 24
9–902. 25
(a) (1) The State Fire Prevention Commission shall adopt regulations to 26
establish a program to license and regulate fire sprinkler contractors in the State. 27
[(b)] (2) The State Fire Prevention Commission shall adopt regulations to: 28
[(1)] (I) define fire sprinkler contractor; 29
HOUSE BILL 149 7
[(2)] (II) define fire sprinkler system[,] in a manner that does not conflict 1
with § 12–101(l), (m), or (n) of the Business Occupations and Professions Article; 2
[(3)] (III) designate and identify exemptions to the regulations; 3
[(4)] (IV) establish requirements for licensure including profess ional and 4
technical standards and requirements for liability insurance; 5
[(5)] (V) establish a schedule of fees for licenses that will recover but not 6
exceed the direct and indirect costs associated with the issuance of the licenses; and 7
[(6)] (VI) establish procedures for the State Fire Marshal to deny, suspend, 8
or revoke the license of a person who fails to comply with any regulation adopted by the 9
State Fire Prevention Commission under this subtitle. 10
(B) (1) THE STATE FIRE PREVENTION COMMISSION SHALL ADOPT 11
REGULATIONS TO ESTABLISH A PROGRAM TO LICENSE AND REGULATE FIRE ALARM 12
SYSTEM TECHNICIANS AND FIRE ALARM SYSTEM COMPANIES IN THE STATE. 13
(2) THE STATE FIRE PREVENTION COMMISSION SHALL ADOP T 14
REGULATIONS TO: 15
(I) DEFINE FIRE ALARM SYSTEM TECHNICIAN; 16
(II) DEFINE FIRE ALARM SYSTEM IN A MANNER THAT DOES NOT 17
CONFLICT WITH § 12–101(L), (M), OR (N) OF THE BUSINESS OCCUPATIONS AND 18
PROFESSIONS ARTICLE; 19
(III) DESIGNATE AND IDENTI FY EXEMPTIONS TO THE 20
REGULATIONS; 21
(IV) ESTABLISH REQUIREMEN TS FOR LICENSURE , INCLUDING 22
PROFESSIONAL AND TEC HNICAL STANDARDS AND REQUIREMENTS FOR LIA BILITY 23
INSURANCE; 24
(V) ESTABLISH A SCHEDULE OF FEES FOR LICENSES THAT WILL 25
RECOVER BUT NOT EXCE ED THE DIRECT AND IN DIRECT COSTS ASSOCIA TED WITH 26
THE ISSUANCE OF THE LICENSES; AND 27
(VI) ESTABLISH PROCEDURES FOR THE STATE FIRE MARSHAL 28
TO DENY, SUSPEND, OR REVOKE THE LICENSE OF A PERSON WHO FAILS TO COMPLY 29
WITH ANY REGULATION ADOPTED BY THE STATE FIRE PREVENTION COMMISSION 30
UNDER THIS SUBTITLE. 31
8 HOUSE BILL 149
SECTION 2. AND BE IT FURT HER ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.