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

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. Without adequate protection, residents of high-rise buildings are dependent on descending multiple flights of steps or jumping from windows when a fire occurs. For many elderly residents of high-rise buildings, this is physically impossible. 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. Many tragedies could be avoided by installation of automatic fire extinguishing equipment in these situations, usually at no great additional cost to builders.

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. This section does not apply to a building that is less than 75 feet in height above grade level if: 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 accessibility to the building is provided on two sides of the perimeter of the building by a public way that is: kept accessible at all times to the local fire department; and close enough to the building to allow the fire department aerial equipment to reach 75 feet in height. 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. 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. Notice required under paragraph (1) of this subsection shall: 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 be conspicuously posted at all main building entrances as approved by the authority having jurisdiction. 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. Notice required under paragraph (1) of this subsection shall be initialed by the tenant. 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. 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.

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. 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.

For fire safety purposes, the owner of a residential high–rise building with rental units shall provide: 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 fire safety and building evacuation information and instruction to: new tenants at the commencement of occupancy; and existing tenants every 2 years. Information and instruction provided under subsection (a)(2) of this section shall include identification of fire alarm system elements in the building.

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