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Maryland General Assembly· HB0149Approved by the Governor - Chapter 422 (Chapter 422)

Fire Prevention - Assistant Fire Marshals, Residential Rental High-Rise Property Fire Safety Equipment, and Fire Alarm System Technicians, the official text

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WES MOORE, Governor                  Ch. 422

Chapter 422

                   (House Bill 149)

AN ACT concerning

Fire Prevention – Assistant Fire Marshals, Residential Rental High–Rise
  Property Fire Safety Equipment, and Fire Alarm System Technicians

FOR the purpose of authorizing a county or municipal corporation to designate certain fire
         marshals with the approval of the State Fire Marshal or to request that the State
         Fire Marshal designate certain fire marshals and requiring the State Fire Marshal
         to adopt certain regulations governing the qualifications, training, standards, and
         certification of designees; requiring installation of certain fire prevention in certain
         high–rise residential buildings; requiring the State Fire Prevention Commission to
         adopt certain regulations relating to fire alarm system technicians; and generally
         relating to fire safety.

BY repealing and reenacting, with amendments,
         Article – Public Safety
         Section 6–304, 9–102, 9–901, and 9–902
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Public Safety

6–304.

         (a) (1) A county or municipal corporation of the State may designate WITH
THE APPROVAL OF THE STATE FIRE MARSHAL, OR MAY REQUEST THAT THE STATE
FIRE MARSHAL DESIGNATE, a fire marshal or appropriate fire official to serve as
assistant State fire marshal to carry out this title, including issuing orders, in that county
or municipal corporation.

             (2) An assistant State fire marshal may not receive compensation from the

State.

                  (3) The State Fire Marshal shall carry out this title in a county or
municipal corporation that [has not] DOES NOT HAVE A designated [an] assistant State
fire marshal.

        (b) (1) [An assistant State fire marshal shall have at least completed National
Fire Protection Association (NFPA) Standard 1031 – Fire Inspector I, or the equivalent, as

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Ch. 422      2026 LAWS OF MARYLAND

determined by the State Fire Marshal.] THE STATE FIRE MARSHAL SHALL ADOPT

REGULATIONS ESTABLISHING REQUIREMENTS FOR ALL INDIVIDUALS DESIGNATED

AS AN ASSISTANT STATE FIRE MARSHAL OR A SPECIAL ASSISTANT STATE FIRE
MARSHAL UNDER SUBSECTION (A)(1) OF THIS SECTION, INCLUDING:

                         (I) MINIMUM TRAINING, CERTIFICATION, AND OTHER
STANDARDS RELATING TO FIRE INSPECTION;

                         (II) MINIMUM TRAINING, CERTIFICATION, AND OTHER
STANDARDS FOR FIRE PLAN REVIEW, A FIRE PLAN EXAMINER, OR FIRE PLAN
ENGINEERING STAFF;

                         (III) MINIMUM TRAINING, CERTIFICATION, AND OTHER
STANDARDS RELATING TO FIRE INSPECTION INVESTIGATION;

                         (IV) ACCEPTABLE MINIMUM STANDARDS FOR THE ELIGIBILITY
OF AN INDIVIDUAL TO SERVE AS AN ASSISTANT STATE FIRE MARSHAL OR A SPECIAL
ASSISTANT STATE FIRE MARSHAL; AND

                         (V) POLICIES FOR APPLICATION FOR, REVIEW OF, EXPIRATION
OF, RENEWAL OF, AND PROBATIONARY STATUS FOR THE POSITIONS OF ASSISTANT
STATE FIRE MARSHAL AND SPECIAL ASSISTANT STATE FIRE MARSHAL.

                  (2) The State Fire Marshal may administer an examination based on
NFPA [Standard 1031] STANDARDS AS RELEVANT FOR THE REQUIREMENTS LISTED
IN PARAGRAPH (1) OF THIS SUBSECTION before designating an individual as an
assistant State fire marshal OR SPECIAL ASSISTANT STATE FIRE MARSHAL.

         (c) (1) The State Fire Marshal may designate as a special assistant State fire
marshal:

             (i) a law enforcement officer involved in arson investigations;

                           (ii) any other suitable individual who meets the standards
established under this section; or

                           (iii) on the advice of an assistant State fire marshal, a member of a
fire department if:

             1. the designee is a full–time employee of the fire

department;

                                    2. the designee performs fire inspections or fire
investigations for the fire department; and

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WES MOORE, Governor  Ch. 422

                                    3. the fire department is organized and operates in the State.

                  (2) A special assistant State fire marshal serves at the pleasure of the State
Fire Marshal.

                  (3) A special assistant State fire marshal may not receive compensation
from the State.

                  (4) Each special assistant State fire marshal shall assist the State Fire
Marshal in carrying out the duties of the State Fire Marshal under this title.

         (d) The Commission may remove an assistant or special assistant State fire
marshal for just cause by a majority decision:

                  (1) on the recommendation of the State Fire Marshal; and

                  (2) after an administrative hearing.

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] WHERE THE FLOOR OF AN OCCUPIABLE
STORY IS GREATER THAN 75 FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT
VEHICLE ACCESS.

                  (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

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Ch. 422        2026 LAWS OF MARYLAND

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.

                (3) (I) IN THIS PARAGRAPH, “SUBSTANTIAL RENOVATION” MEANS
PERMANENT ALTERATIONS THAT:

               1. ARE INTENDED TO ENHANCE THE VALUE OF A

BUILDING; AND

                                 2. COST AN AMOUNT EQUAL TO OR GREATER THAN 40%
OF THE VALUE OF THE BUILDING AS ASSESSED BY THE STATE DEPARTMENT OF
ASSESSMENTS AND TAXATION.; AND

                                 3. MEET THE CRITERIA FOR SUBSTANTIAL RENOVATION
UNDER ANY APPLICABLE LOCAL LAW.

                         (II) BEGINNING OCTOBER 1, 2026, AUTOMATIC FIRE
SPRINKLERS SHALL BE INSTALLED IN ACCORDANCE WITH NFPA LIFE SAFETY
CODE AND NFPA STANDARDS IN EACH RESIDENTIAL RENTAL HIGH–RISE BUILDING

THAT IS UNDERGOING A SUBSTANTIAL RENOVATION THAT RECEIVES BUILDING

PERMITS ON OR AFTER OCTOBER 1, 2026.

                         (III) IN DETERMINING WHETHER A PROPOSED SUBSTANTIAL

RENOVATION IS INTENDED TO ENHANCE THE VALUE OF A BUILDING EXCLUSIVE OF

LAND VALUE, A COUNTY MAY CONSIDER BUILDING IMPROVEMENTS COMPLETED
OVER A 4–YEAR TIME PERIOD FROM THE DATE OF THE INITIAL BUILDING PERMIT.:

               1. THE EXISTING PHYSICAL CONDITION OF THE RENTAL

HOUSING;

                                 2. WHETHER THE EXISTING PHYSICAL CONDITION
IMPAIRS OR TENDS TO IMPAIR THE HEALTH, SAFETY, AND SECURITY OF ANY
TENANT;

                                 3. WHETHER THE DEFICIENCIES IN THE EXISTING

PHYSICAL CONDITIONS COULD INSTEAD BE CORRECTED BY IMPROVED

MAINTENANCE OR REPAIR; AND

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                WES MOORE, Governor                 Ch. 422

                                 4. WHETHER THE PROPOSED RENOVATIONS ARE
OPTIONAL OR COSMETIC CHANGES.

                         (IV) A SUBSTANTIALLY RENOVATED RESIDENTIAL RENTAL
HIGH–RISE BUILDING SHALL ALSO HAVE THE FOLLOWING FIRE PROTECTION AND
LIFE SAFETY FEATURES:

                1. SMOKE ALARMS OR HEAT DETECTORS IN EVERY

SLEEPING AREA;

                                 2. STAIRWELLS ENCLOSED WITH AT LEAST 2–HOUR FIRE
RESISTANCE RATED CONSTRUCTION WITH AT LEAST 90–MINUTE FIRE RESISTANCE
RELATED RATED, SELF–CLOSING, AND SELF–LATCHING DOORS;

                                 3. AT LEAST 20–MINUTE FIRE RESISTANCE RATED

CORRIDOR DOORS UNLESS PARTIAL SPRINKLER PROTECTION IS PROVIDED WITH

APPROPRIATELY RATED CORRIDOR WALLS;

                                 4. SMOKEPROOF EXIT ENCLOSURES VIA NATURAL
VENTILATION, MECHANICAL VENTILATION INCORPORATING A VESTIBULE, OR
PRESSURIZING THE STAIR ENCLOSURE;

                5. AT LEAST TWO SMOKE COMPARTMENTS ON EACH

FLOOR; AND

                                 6. DECREASED MAXIMUM EXIT ACCESS TRAVEL
DISTANCES INADEQUATE FIRE PUMPS REPLACED WHEN NECESSARY.

(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.

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Ch. 422  2026 LAWS OF MARYLAND

9–901.

        (A) In this subtitle[, “fire] THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

        (B) “FIRE ALARM SYSTEM TECHNICIAN” MEANS A PERSON WHO IS ENGAGED
IN THE PERFORMANCE, INSTALLATION, DOCUMENTATION, PLANNING, AND

COORDINATION OF THE PERIODIC INSPECTION AND TESTING OF EXISTING FIRE

ALARM SYSTEMS AND THEIR COMPONENTS, NOT INCLUDING THE COMMISSIONING
OF NEW SYSTEMS.

        (C) “FIRE sprinkler contractor” means a person who designs, installs, inspects,
tests, repairs, or modifies a fire sprinkler system.

9–902.

        (a) (1) The State Fire Prevention Commission shall adopt regulations to
establish a program to license and regulate fire sprinkler contractors in the State.

        [(b)] (2) The State Fire Prevention Commission shall adopt regulations to:

                [(1)] (I) define fire sprinkler contractor;

                [(2)] (II) 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)] (III) designate and identify exemptions to the regulations;

                [(4)] (IV) establish requirements for licensure including professional and
technical standards and requirements for liability insurance;

                [(5)] (V) 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)] (VI) 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.

        (B) (1) THE STATE FIRE PREVENTION COMMISSION SHALL ADOPT

REGULATIONS TO ESTABLISH A PROGRAM TO LICENSE AND REGULATE FIRE ALARM

SYSTEM TECHNICIANS AND FIRE ALARM SYSTEM COMPANIES IN THE STATE.

                (2) THE STATE FIRE PREVENTION COMMISSION SHALL ADOPT
REGULATIONS TO:

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WES MOORE, Governor  Ch. 422

                         (I) DEFINE FIRE ALARM SYSTEM TECHNICIAN;

                         (II) DEFINE FIRE ALARM SYSTEM IN A MANNER THAT DOES NOT
CONFLICT WITH § 12–101(L), (M), OR (N) OF THE BUSINESS OCCUPATIONS AND
PROFESSIONS ARTICLE;

                         (III) DESIGNATE AND IDENTIFY EXEMPTIONS TO THE
REGULATIONS;

                         (IV) ESTABLISH REQUIREMENTS FOR LICENSURE, INCLUDING

PROFESSIONAL AND TECHNICAL STANDARDS AND REQUIREMENTS FOR LIABILITY

INSURANCE;

                         (V) 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

                         (VI) 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.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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