# Health - General (GHG)

## Title 24. Miscellaneous Provisions

### Subtitle 2. Buildings and Commercial Establishments

#### Section 24-202

(a) At all times during business hours, each privately owned and commercially operated indoor racket sports facility shall have on the premises personnel who are certified to administer cardiopulmonary resuscitation.

(b) This section may not be construed as creating any civil or criminal liability.

#### Section 24-205

(a) In this section, "smoking" means the act of smoking or carrying a burning:

  (1) Cigar;

  (2) Cigarette;

  (3) Pipe; or

  (4) Other tobacco product of any kind.

(b) Every director of a nursing home, health clinic, or physician's office shall make and carry out a plan that adequately protects the health of nonsmoking patients by regulating the smoking of tobacco products on the premises.

(c)

  (1) An individual may not smoke in any area of a hospital.

  (2) The hospital director shall provide for the posting and placement of conspicuous signs that clearly indicate that smoking is not permitted in the hospital.

(d)

  (1) Notwithstanding the provisions of Sec. 24-504 of this title, this section does not apply to patients who are:

    (i) In a facility for the treatment of mental disorders as defined in Sec. 10-101(g) of this article;

    (ii) In a facility where the average patient stay is more than 30 days; or

    (iii) In an acute care hospital and the attending physician authorizes smoking, in writing, as part of the care for the patient.

  (2) Smoking permitted under this section shall be in designated areas that are considered safe and provide nonsmoking patients, family members, and employees protection from tobacco smoke.

  (3) Smoking may not be permitted where nonsmoking patients sleep.

#### Section 24-206

Each movie house, theater, bar, or similar commercial establishment that uses strobe lighting shall keep posted conspicuously at the entrance of the establishment a warning that strobe lighting:

(1) Is used in the establishment; and

(2) May be harmful to an individual who is susceptible to epileptic or similar seizures.

#### Section 24-207

(a) The Department shall adopt rules and regulations to carry out the provisions of this section, including:

  (1) Standards for marking transparent glass doors; and

  (2) Definitions of "business establishment", "public building", and "commercial building or structure".

(b) In each business establishment, public building, or commercial building or structure, each door that has a surface area of at least 80 percent transparent glass shall be marked so that it warns any individual nearing it that a glass door is present.

(c) A person who violates any provision of this section or any rule or regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

#### Section 24-208

(a) To assure the cost-free operation of toilets in any public or private building required by any State, county, or municipal law, rule, or regulation to have public toilets, and to end any discriminatory effect based on sex related to the use of coin-operated pay toilets, in any public or private building required by State, county, or municipal law, rule, or regulation to have public toilets, a fee or charge may not be imposed for the use of any toilet required by law, rule, or regulation to be installed in any public or private building. However, any number of toilets greater than the number required by law, rule, or regulation may be coin-operated.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

#### Section 24-209

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Customer" means an individual who is lawfully on the premises of a retail establishment.

  (3) "Eligible medical condition" means:

    (i) Crohn's disease, ulcerative colitis or any other inflammatory bowel disease, or any other medical condition that requires immediate access to a toilet facility; or

    (ii) A condition that requires the use of an ostomy device.

(b) At the request of a customer during normal business hours, and where a public restroom is not readily available, each retail establishment that has a toilet facility for its employees shall allow the customer to use the facility if:

  (1) Three or more employees of the retail establishment are working at the time the customer requests use of the facility; and

  (2) The customer suffers from an eligible condition that is documented with a signed statement by the customer's health care provider on an identification card that has been prepared by the Maryland Department of Health in accordance with subsection (c) of this section.

(c) The Maryland Department of Health shall develop a standard identification card that is available on the Department's website to be printed and signed by a health care provider as evidence of the existence of an eligible medical condition.

(d) Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.

#### Section 24-210

A retail establishment and any employee of a retail establishment shall have the immunity from liability described under Sec. 5-635 of the Courts and Judicial Proceedings Article.

#### Section 24-211

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Place of public entertainment" means any establishment that:

    (i) Accommodates more than 100 individuals; and

    (ii) Is included under Sec. 302.0 Use Group A, Assembly Uses, of the Building Officials and Code Administrators Model Performance Code as adopted by regulation by the Department of Housing and Community Development.

  (3) "Public restroom" means a public sanitary facility that contains more than one sanitary fixture.

  (4) "Sanitary fixture" means a toilet, urinal, or lavatory placed in a public sanitary facility.

(b) In any place of public entertainment required by a State, county, or municipal law, rule, or regulation to have a public restroom, sanitary fixtures shall be distributed so that the number of toilets provided in a public restroom for women shall be no less than the combined number of toilets and urinals provided in a public restroom for men.

(c) The provisions of this section shall apply to any place of public entertainment for which a construction permit is issued after May 1, 1993.

(d) This section does not apply to:

  (1) Restoration or renovation of structures, including restoration or renovation which involves 100% of the previously existing structure; or

  (2) An addition to any structure.

#### Section 24-212

(a) The proprietor of a building containing any elevator whose use is available to the general public shall post a sign prohibiting the smoking of tobacco products in that elevator. The sign shall state "Smoking in This Elevator Is Illegal and Subject to a Penalty Not to Exceed $25.00".

(b) A person may not smoke tobacco products in any area prohibited under subsection (a) of this section.

(c) The Commissioner of Labor and Industry may promulgate rules and regulations in furtherance of the provisions of this section.

(d) Any person who violates any provision of this section is subject to a civil penalty not to exceed $25.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)
