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<section heading="COMCOR 22.74.00 Fire Safety Instructions - Emergency Safety Plan">
  <regulation heading="COMCOR 22.74.00 Fire Safety Instructions - Emergency Safety Plan">
    <subsection heading="22.74.00.01 Fire Safety Instructions.">
      <paragraph indent="0">Emergency safety plans for multifamily rental buildings are required to be prepared by apartment building owners, or their designee, and submitted to the Department of Permitting Services for review and approval.</paragraph>
    </subsection>
    <subsection heading="22.74.00.02 Definitions.">
      <paragraph indent="0">For purposes of this Section:</paragraph>
      <paragraph indent="1">Department means the Department of Permitting Services.</paragraph>
      <paragraph indent="1">Director means the Director of the Department or the Director’s designee.</paragraph>
      <paragraph indent="1">Emergency safety plan means an action plan approved by the Department in accordance with this Section.</paragraph>
      <paragraph indent="1">Multifamily Apartment Building or Multifamily Dwelling means a building that contains three or more dwelling units that are tenant-occupied or intended to be tenant-occupied.</paragraph>
      <paragraph indent="1">Condominium means a building where residential dwelling units are individually owned and may be owner- or tenant-occupied.</paragraph>
    </subsection>
    <subsection heading="22.74.00.03 Emergency Safety Plan – Requirements.">
      <paragraph indent="1">(a)   Each landlord of a multifamily dwelling must submit a proposed emergency safety plan on a form prescribed by the Director. Condominiums are not required to submit emergency safety plans but may submit them for review and approval.</paragraph>
      <paragraph indent="1">(b)   A landlord is required to update the contents of the plan and obtain a new approval from the Department to remain in compliance with this Section every three years, or when the contents change, whichever is sooner. Changes to the plan must be submitted to the Department for review within 14 calendar days of any changes to the plan’s scope and contents.</paragraph>
    </subsection>
    <subsection heading="22.74.00.04 Scope and Contents of the Plan.">
      <paragraph indent="0">The emergency safety plan must, at a minimum, include:</paragraph>
      <paragraph indent="1">(a)   an evacuation map;</paragraph>
      <paragraph indent="1">(b)   the location of fire extinguishers;</paragraph>
      <paragraph indent="1">(c)   the type of fire alarm system installed;</paragraph>
      <paragraph indent="1">(d)   a point of contact or the type of communication that will be used by the landlord during and after the emergency;</paragraph>
      <paragraph indent="1">(e)   details regarding alternate housing when a tenant is displaced due to the building emergency; and</paragraph>
      <paragraph indent="1">(f)   fire protection system impairment procedures.</paragraph>
    </subsection>
    <subsection heading="22.74.00.05 Procedures for Submittal.">
      <paragraph indent="1">(a)   Emergency safety plans must be submitted as a required document for review and approval as part of the building’s Fire Code Compliance Permit in accordance with Section 22-10 beginning September 1, 2025.</paragraph>
      <paragraph indent="1">(b)   The emergency safety plan must comply with the emergency safety plan form and best practices documents developed by the Department.</paragraph>
      <paragraph indent="1">(c)   Emergency safety plans must be submitted and maintained electronically.</paragraph>
    </subsection>
    <subsection heading="22.74.00.06 Plan Review.">
      <paragraph indent="1">(a)   The Department is authorized to review and evaluate each emergency safety plan submitted by a landlord of a multifamily rental building in accordance with Sec. 22-74 of the County Code. The Department will either approve or deny each emergency safety plan.</paragraph>
      <paragraph indent="1">(b)   Plans will be reviewed and evaluated by the Department based on the completeness and compliance with the emergency safety plan form, which includes context pertinent to the evacuation plan of the physical building, activities surrounding evacuation such as emergency services notification and relocation of occupants, and any provisions taken based on the capabilities of occupants that may have additional needs.</paragraph>
      <paragraph indent="1">(c)   An emergency safety plan will only be approved if the Department finds that the contents of the plan are satisfactory to maintain the health, safety, and welfare of all tenants and individuals properly on the premises of multifamily rental housing.</paragraph>
    </subsection>
    <subsection heading="22.74.00.07 Increased Calls for Service – Plan Addendum Required.">
      <paragraph indent="1">(a)   If a multifamily apartment building has ten or more calls for service for fire-related emergencies within a 12-month period, the Director will require the property owner to submit an addendum to the emergency safety plan.</paragraph>
      <paragraph indent="1">(b)   Fire-related emergency service calls include activation of the building automatic fire alarm sent to a listed central station reported to the fire department, activation of the automatic sprinkler system including dry-system activations, and public calls to 9-1-1 indicating an observed fire emergency.</paragraph>
      <paragraph indent="1">(c)   The plan addendum must be submitted on the emergency safety plan addendum template, available from the Department.</paragraph>
      <paragraph indent="1">(d)   Addendums may be discontinued at the discretion of the Director based on a sustained reduction in calls for service to the affected building for a period of at least 12 months.</paragraph>
    </subsection>
    <subsection heading="22.74.00.08 Plan Addendum Contents.">
      <paragraph indent="0">A plan addendum must include, at minimum,</paragraph>
      <paragraph indent="1">(a)   efforts to hire security guards or additional building personnel if the building is experiencing malicious alarms;</paragraph>
      <paragraph indent="1">(b)   repair or replace faulty alarm systems:</paragraph>
      <paragraph indent="2">(1)   if the fire alarm system cannot be repaired, it must be replaced;</paragraph>
      <paragraph indent="2">(2)   if more than five nuisance calls occur in a 12-month period, following unsuccessful efforts to repair the fire alarm system, the fire alarm system must be replaced; and</paragraph>
      <paragraph indent="2">(3)   if the fire alarm system is impaired for greater than 60 days, the fire alarm must be replaced;</paragraph>
      <paragraph indent="1">(c)   facilitate opportunities for the County to provide outreach and educational resources to residents regarding fire safety;</paragraph>
      <paragraph indent="1">(d)   contract with a vendor to provide outreach and educational resources to residents regarding fire safety and prevention of false alarms; or</paragraph>
      <paragraph indent="1">(e)   other fire alarm reduction strategies as determined by the Director, in consultation with MCFRS.</paragraph>
    </subsection>
    <subsection heading="22.74.00.09 Fees.">
      <paragraph indent="1">(a)   The Department may charge a fee for the review or re-review of the emergency safety plan or the addendum.</paragraph>
      <paragraph indent="1">(b)   The charge for review or re-review of emergency safety plans and addendums is $95 per review. Fees must be paid in full prior to the approval of the annual Fire Code Compliance permit.</paragraph>
      <paragraph indent="1">(c)   The Department must calculate and charge an enterprise fund stabilization factor (EFSF) in accordance with COMCOR 22.00.03.08.</paragraph>
    </subsection>
    <subsection heading="22.74.00.10 Enforcement and Penalties.">
      <paragraph indent="1">(a)   The Department may issue a Notice of Violation (NOV) to the landlord for:</paragraph>
      <paragraph indent="2">(1)   failure to submit emergency action plans within 30 days for review and approval to the Department after being notified by the Department;</paragraph>
      <paragraph indent="2">(2)   failure to re-submit plans or addendums requiring corrections or modifications within 30 days as required by the Director;</paragraph>
      <paragraph indent="2">(3)   failure to submit an addendum within 60 days of notice by the Department;</paragraph>
      <paragraph indent="2">(4)   failure to pay fees associated with the review or re-review of emergency safety plans and addendums; or</paragraph>
      <paragraph indent="2">(5)   failure to maintain an approved emergency safety plan, including submittal for re-review by the Department every three years.</paragraph>
      <paragraph indent="1">(b)   If the NOV is not resolved within 30 days of issuance by the Department, a civil citation may be issued by the Director, or the Director’s designee, to the landlord or the landlord’s designee for every 30 days of non-compliance.</paragraph>
      <paragraph indent="1">(c)   Failure to pay required review fees prior to the expiration date of the Fire Code Compliance permit may result in the civil citation being sent the Montgomery County Attorney’s Office Debt Collection Unit.</paragraph>
    </subsection>
  </regulation>
</section>