Title 29 — Subtitle 06. Fire Prevention Commission

The purpose of this chapter is to establish minimum requirements that will provide a reasonable degree of fire prevention and control to safeguard life, property, or public welfare from:

This chapter incorporates by reference NFPA 1 Fire Code (2024 Edition), except as amended in Regulations .08 and .09 of this chapter, and NFPA 101 Life Safety Code (2024 Edition), except as amended in Regulation .07 of this chapter.

The State Fire Prevention Commission recommends the use of the NFPA National Fire Codes or other nationally recognized standards in technical matters not specifically addressed by this chapter.

This chapter applies to both new and existing buildings and conditions. In various sections there are specific provisions for existing buildings that may differ from those for new buildings. Unless otherwise noted, this chapter does not apply to facilities, equipment, structures, or installations that were existing or approved for construction or installation before the effective date of this chapter, except in those cases in which it is determined by the authority having jurisdiction (AHJ) that the existing situation constitutes a hazard so inimical to the public welfare and safety as to require correction. The requirements for existing buildings and conditions may be modified if their application clearly would be impractical in the judgment of the AHJ, but only if it is clearly evident that a reasonable degree of safety is provided. The State Fire Marshal or the legally appointed designee has the authority to make a determination of the applicability of this chapter to any building or condition in it, subject to the right of appeal to the State Fire Prevention Commission as prescribed in COMAR 29.06.02.

Repealed.

The provisions of this chapter do not apply in Baltimore City except to those buildings and conditions specifically prescribed in Public Safety Article, Title 6, Subtitle 4, Annotated Code of Maryland.

The provisions of this chapter do not apply to buildings used solely as dwelling houses for not more than two families as prescribed in Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland.

Enforcement of this chapter is the responsibility of:

The State Fire Marshal or the legally appointed designee may accept alternate methods of satisfying the intent of this chapter if the material, method, or work is at least the equivalent of that required by this chapter in quality, effectiveness, durability, and safety, and meets or exceeds the intent of the chapter.

If there are differing or conflicting requirements between this chapter and codes or standards adopted by incorporation by reference by this chapter, the State Fire Marshal or the legally appointed designee shall determine which requirements apply, subject to the right of appeal to the State Fire Prevention Commission.

If Public Safety Article, Annotated Code of Maryland, or this chapter requires that a permit, license, or certificate of approval be obtained from the State Fire Marshal, it shall be obtained from the State Fire Marshal, or other appropriate authority, of the county, city, or incorporated town where the activity or equipment for which the permit, license, or certificate required is located.

A violation of this chapter is subject to the penalties set forth in the Public Safety Article, Annotated Code of Maryland.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

In this chapter, the following documents are incorporated by reference, with the amendments specified in this chapter. Tentative interim amendments and supplements to these documents and to the codes and standards referenced in these documents are not included as part of this chapter unless specifically adopted by this chapter.

Documents Incorporated.

Incorporation by Reference Locations. The documents incorporated by reference in §B of this regulation are available for inspection in State depository libraries.

Amend Sections 2.2 and 2.4 to delete the referenced publications NFPA 150 Standard on Fire and Life Safety in Animal Housing Facilities, 2022 edition, and NFPA 5000 Building Construction and Safety Code, 2024 edition. Wherever NFPA 5000 is referenced, other than for extracted text, substitute the building code adopted by the AHJ.

Amend Subsection 3.3.66 to add the following Paragraph: 3.3.66.3 Bulkhead Door. A type of door assembly covering an opening in the ground providing direct access to a basement, the floor of which is not more than 8 feet below ground level. The door consists of a single rigid leaf or two overlapping rigid leaves or covers that need to be pushed or lifted upwards in order to be opened. A person, after opening the door, can walk up a series of steps to escape to the outside.

Amend Paragraph 3.3.70.1 to replace “three” with “five" and delete, “if any, accommodated in rented rooms”.

Amend Paragraph 3.3.154.1 and Subparagraphs 16.6.1.1.2 and 17.6.1.1.2 to delete “more than 3, but”.

Amend Paragraphs 3.3.205.4 and 6.1.4.1 to delete “four or more”.

Amend Paragraphs 3.3.205.12 and 6.1.9.1 to replace “four” with “six”.

Amend Subsection 4.5.8 and Paragraph 4.6.12.1 to delete “for compliance with the provisions of this Code”.

Amend Paragraph 4.6.10.2 to replace “Where required by Chapters 11 through 43, construction” with “Construction”.

Amend Paragraph 4.6.12.3 to delete “by the Code”.

Amend Subsection 4.8.2 to add the following Paragraph: 4.8.2.4 Emergency action plans shall be maintained in a location approved by the AHJ.

Amend Subparagraph 6.1.8.1.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

Amend Subsection 7.1.10 to add the following Paragraph: 7.1.10.3 Trash or recyclable materials awaiting scheduled collection shall not be placed in exits, exit access corridors, or on egress balconies.

Amend Sub-subparagraph 7.2.1.6.4.1 to replace “in Chapters 11 through 43” with “by the AHJ and Chapters 11 through 43”.

Amend Subparagraph 7.2.1.7.1 to delete “required to be”.

Amend Subparagraph 7.2.1.7.4 to delete “Required”.

Amend Paragraph 7.2.1.12 to delete “7.2.1.12.1 or”.

Delete Subparagraph 7.2.1.12.1.

Amend Subparagraphs 7.2.1.14.1 and 7.2.1.15.1 to replace “Chapters 11 through 43” with “the AHJ or Chapters 11 through 43”.

Amend Paragraph 7.9.1.2 to replace “only” in the first sentence with “, but not be limited to,”.

Amend Paragraph 8.7.3.3 to replace “8.7.3.3.5” with “8.7.3.3.5, unless otherwise permitted by the AHJ:”

Amend Paragraph 9.6.1.3 and Subsection 9.11.1 to delete “required by this Code”.

Amend Paragraph 9.6.2.6 to add the following: This paragraph does not permit the omission of manual fire alarm boxes in accordance with other provisions of this Subsection unless specifically permitted by Chapters 11 through 43.

Delete Subparagraph 9.6.2.10.7 and Sub-subparagraphs 9.6.2.10.7.1 and 9.6.2.10.7.2.

Amend Paragraph 9.7.1.1 to add the following Subparagraph: 9.7.1.1.1 For new ceiling installations, drop-out ceilings as referenced in NFPA 13 Subsection 9.3.11 and NFPA 13R Section 6.15 shall be prohibited.

Amend Paragraph 9.11.4.1 and Subsection 9.14.1 to replace “Chapters 11 through 43” with “the AHJ and Chapters 11 through 43”

Amend Paragraph 9.11.4.2 to replace “by 9.3.5” with “by the AHJ, 9.3.5”.

Amend Subsection 9.13.1 to replace “by another section of this Code” with “the AHJ and another section of this Code”.

Amend Subsections 9.15.1 and 9.15.2 to insert the words “and the AHJ” after “NFPA 1225”.

Amend Subsections 10.4.1 and 10.5.1 to add the following at the beginning of each sentence: “Unless otherwise permitted by the AHJ,”.

Amend Paragraph 10.7.1.1 to add “and be approved by the AHJ” after “10.7.5.2”.

Amend Paragraph 11.8.3.1 to add “High-rise buildings do not include a structure or building used exclusively for open-air parking.”

Amend Paragraphs 11.8.6.1 and 11.8.6.2 to replace “approved by the fire department” with “approved by the AHJ”.

Amend Paragraph 11.11.2.1 to add “or other approved testing standard approved by the State Fire Marshal”.

Delete Section 11.12.

Delete Paragraphs 12.2.1.2, 14.2.1.5, 16.2.1.1, 28.2.1.4, 30.2.1.3, 32.2.2.7, 36.2.1.6, 38.2.1.5, 40.2.1.3, 42.2.1.3, Subparagraphs 16.6.2.1.2, 32.3.2.1.3, and Subsection 26.2.4.

Amend Paragraphs 12.2.4.1 and 13.2.4.1 to add the following:

Amend Paragraph 12.3.5.1 to replace “The following assembly occupancies” with “The following assembly occupancies having an occupant load of 100 or more persons, or 5,000 or more square feet in area, or located on a floor other than the level of exit discharge”.

Amend Paragraphs 12.7.7.3 and 13.7.7.3 to replace “prior” with “within 10 minutes prior”.

Amend Paragraphs 14.7.2.3 and 15.7.2.3 to delete existing wording and replace with the following:

Amend Sub-subparagraphs 15.2.2.2.4.1(3) and 17.2.2.2.6.1(3) to replace “operations,” with “operations, the locking device is of a type that is readily distinguishable as locked,”.

Amend Paragraph 15.2.4.2 to delete “unless otherwise permitted by 15.2.4.2(3)” from item (1) and delete item (3).

Amend Sub-subparagraph 15.3.4.3.1.2 to delete “control unit or”.

Amend Subsections 16.1.1 and 17.1.1 to add the following Paragraphs: 16.1.1.10 and 17.1.1.10 Day-care centers providing day care for school-age children before or after school hours in a building which is in use as a public or private school are not required to meet the provisions of this chapter, but shall meet the provisions for educational occupancies.

Amend Subparagraphs 16.2.11.1.1 to add the following item: (4) For grade floor windows the minimum net clear opening shall be permitted to be 5.0 square feet.

Amend Paragraph 16.3.5.1 to add the following: Automatic sprinkler protection is not required if all of the following conditions are met:

Amend Sub-subparagraphs 16.6.1.4.1.1 and 17.6.1.4.1.1 to delete “more than three, but” and replace “seven” with “nine”.

Amend Sub-subparagraphs 16.6.1.4.1.2 and 17.6.1.4.1.2 to replace “7” with “9”.

Amend Subparagraphs 16.6.1.7.1 and 17.6.1.7.1 to replace “both” with “all” and Items (1) and (2) with the following Items:

Amend Subparagraph 16.6.2.1.1 and Paragraph 17.6.2.1 to add the following: Bulkhead doors may not serve as a primary means of escape.

Amend Subparagraphs 16.6.2.4.5 and 17.6.2.4.5 to delete item (3).

Amend Paragraphs 16.6.2.2 (Reserved) and 17.6.2.2 (Reserved) to add the following: SLIDING DOOR: For family day-care homes, a sliding door used as a required means of escape shall comply with the following conditions:

Amend Paragraphs 16.6.2.3 (Reserved) and 17.6.2.3 (Reserved) to add the following:

Amend Subparagraph 16.6.3.4.5 to replace the word “Reserved.” with the following: For compliance with Paragraph 43.7.2.1(2), approved battery-powered smoke alarms, rather than house electrical service-powered smoke alarms required by 16.6.3.4.4, shall be permitted where the facility has testing, maintenance, and smoke alarm replacement programs that ensure reliability of power to the smoke alarms.

Amend Subparagraph 17.2.11.1.1 to add the following item:

Amend Paragraphs 17.6.2.1, 28.2.1.2, 29.2.1.2, 30.2.1.2, 31.2.1.2 and Subparagraphs 16.6.2.1.1, 16.6.2.4.1, 16.6.2.4.2, 17.6.2.4.1, 17.6.2.4.2, and 33.3.2.1.2 to add the following sentence: The provisions of Subsection 24.2.8 shall not apply.

Amend Subparagraph 17.6.3.4.5 to delete “existing” and replace “battery” with “smoke alarm”.

Amend Section 19.3 to add the following Paragraph and Subparagraphs:

Amend Section 21.3 to add the following Paragraph and Subparagraphs:

Amend Paragraph 22.4.6.2 to add the following Subparagraph:

Amend Paragraph 24.1.1.2 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

Amend Subparagraphs 24.2.2.3.3, 32.2.2.3.1(3), and 33.2.2.3.1(3) to insert “, or not less than 5.0 square feet for grade floor windows” after “5.7 ft2”.

Amend Paragraph 26.1.1.1 to replace “buildings” with “buildings that do not qualify as one- and two-family dwellings”.

Delete Subsections 30.7.5 and 31.7.5.

Amend Paragraph 31.3.5.9.1 to replace “by January 1, 2033” with “within 12 years of the date of the original violation notice issued by the fire authority having jurisdiction.”

Amend Sub-subparagraph 33.3.3.4.8.1 to delete “33.3.3.4.8.2 and”.

Delete Sub-subparagraph 33.3.3.4.8.2.

Amend Paragraphs 36.3.5.3, 37.3.5.3, 38.3.5.2, and 39.3.5 to replace “portable” with “Unless otherwise permitted by the AHJ, portable”.

Amend Table 42.2.5 to replace “50” with “75” and “15” with “23” for common path of travel for ordinary hazard storage occupancy not protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1(1).

Amend Subparagraphs 42.3.4.1.2 and 42.3.4.1.3 to replace “Storage occupancies” with “Storage occupancies less than three stories”.

Amend Sub-subparagraphs 42.8.3.4.1.1 and 42.8.3.4.1.3 to replace “Parking structures” with “Parking structures less than three stories”.

Delete Section 1.11. (See COMAR 29.06.02)

Delete Section 1.12.

Amend Subsection 1.13.1 to add the following Paragraph: 1.13.1.1 Permits, certificates, notices, approvals, or orders required by this code shall be governed by the policies and procedures of the AHJ.

Amend Paragraph 1.13.6.13 to replace “Permits shall” with “Permits may”.

Amend Subsection 1.13.8 to replace “shall” with “may”.

Amend Subsection 1.14.2 to delete “Mandatory.” and replace “shall” with “may”.

Delete Paragraph 1.14.12.4.

Amend Subsection 2.1.1 and Paragraphs 2.1.1.1 and 2.1.1.2 to replace “Compliance” with “Where permitted by the AHJ, compliance”.

Amend Section 2.2 to delete the referenced publication NFPA 5000 Building Construction and Safety Code, 2024 edition. Wherever NFPA 5000 is referenced, other than for extracted text, substitute the building code adopted by the AHJ. Delete the referenced publication NFPA 150 Standard on Fire and Life Safety in Animal Housing Facilities, 2022 edition.

Amend Section 2.4 to delete the publication NFPA 5000 Building Construction Safety Code, 2024 edition. Wherever NFPA 5000 is referenced, other than for extracted text, substitute the building code adopted by the AHJ.

Amend Subsection 3.3.17 to add the following Paragraph: 3.3.17.12 Consumer Fireworks Retail Sales Area. The portion of a consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for the purpose of retail display and sale to the public.

Amend Subsection 3.3.136 and Paragraph 3.3.136.1 to add “and as referenced in Public Safety Article, §10-101, Annotated Code of Maryland”.

Delete Subsection 3.3.175.

Amend Paragraph 3.3.203.6 to delete “more than 3 but”.

Amend Paragraphs 3.3.203.7 and 6.1.4.1 to delete “four or more”.

Amend Paragraph 3.3.203.25 and Subparagraph 3.3.203.25.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

Amend Paragraphs 3.3.203.28 and 6.1.9.1 to replace “four” with “six”.

Amend Paragraph 4.5.8.1 to delete “for compliance with the provisions of this Code”.

Amend Paragraph 4.5.8.3 to delete “by the Code”.

Amend Subparagraph 6.1.8.1.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

Amend Subsection 10.1.2 to add “except as amended by COMAR 29.06.01.07, COMAR 29.06.01.08, and COMAR 29.06.01.09”.

Amend Paragraph 10.2.7.1 to replace “in Table 10.2.7.1” with “by the AHJ” and Table 10.2.7.1.

Amend Annex A to add the following new Paragraph: A.10.2.7.1 The frequency of fire prevention inspections of existing buildings should be based upon a risk assessment of these properties completed by the responsible AHJ. Considerations for this assessment should include, but not be limited to, the occupancy classification of the building and hazards associated with that classification; the number, location, and physical and mental capabilities of potential building occupants (especially self-evacuation abilities); construction design and maintenance of the property; fire protection features of the building; special hazards associated with activities or operations conducted within the building; available fire department suppression resources with special consideration to necessary special suppression operations; and resources available for fire code inspections and enforcement actions.

Amend Subsections 10.5.1 and 10.5.2 to replace “AHJ” with “AHJ or incident commander”.

Amend Paragraph 10.2.7.1 to replace “in Table 10.2.7.1” with “by the AHJ” and Table 10.2.7.1.

Amend Subsection 10.11.1 to add the following Subparagraph and Paragraph:

Amend Paragraph 10.11.1.1, 10.11.1.2, 10.11.1.3, 10.11.1.4, and 10.11.1.8 to replace “address numbers” with “premises identification”.

Amend Paragraph 10.11.1.6 to delete existing wording and replace with “Where required by the AHJ, the assignment of addresses to buildings shall be in accordance with an approved method.”

Delete Paragraph 10.11.1.7.

Amend Subparagraph 10.14.12.2.6 to replace “any vehicles” with “any vehicles, buildings,”.

Amend Paragraph 10.15.5.1 to replace “Portable” with “Unless otherwise approved by the AHJ, portable”.

Amend Paragraph A.10.15.5.1 to add the following: For the purposes of reducing the distances between the operation and refueling of portable and vehicle-mounted generators and any building or enclosure opening, including windows, doors, and air intakes, one or more of the following conditions may be considered:

Amend Section 10.16 to add the following Subsection: 10.16.6 The AHJ shall have the authority to require that outdoor storage of any combustible material be enclosed by an approved fence or other protective enclosure to prevent unauthorized access.

Amend Subsection 10.16.1 to replace “10 ft (3m)” with “15 feet (4.6 meters)” and “property line” with “property line, building, or adjacent pile of combustible material”; and add the following: The separation distance shall be allowed to be increased where the AHJ determines that a higher hazard to the adjoining property exists.

Amend Subsection 10.16.5 to add “and shall not exceed 10,000 square feet in area”.

Amend Subsection 10.19.7 to replace “repaired” with “repaired on any balcony, under any overhanging portion, or”.

Amend Subsection 10.21.1 to replace “more than five” with “one or more” and replace “10 ft (3 m)” with “15 feet (4.6 meters)”.

Amend Subsection 10.21.4 Item (3) to replace “10 ft (3 m)” with “15 feet (4.6 meters)”.

Amend Section 10.22 to replace “10.22.5” with “10.22.5, unless otherwise permitted by the AHJ”.

Amend Section 11.1 to add the following Subsection:

Amend Paragraph 11.1.5.6 to delete existing wording and replace with the following: Extension cords shall not be used as a substitute for permanent wiring.

Amend Paragraph 11.1.7.3 to add the following Subparagraph: 11.1.7.3.2 Doors to electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording in contrasting letters not less than one inch (25 millimeters) high and not less than ¼ inch (6.4 millimeters) in stroke width.

Amend Paragraph 11.3.6.1 to add the following sentence: Keys for new elevators shall be cut to a uniform key code to comply with the Maryland State Elevator Code.

Amend Subsection 11.9.1 to replace “approved by the fire department” with “approved by the AHJ”.

Amend Paragraph 12.6.9.1 to add the following new Subparagraph: 12.6.9.1.2 The AHJ shall be permitted to:

Amend Subparagraph 12.6.9.1.1 to replace “Christmas” with “Unless otherwise approved by the AHJ, Christmas”.

Amend Paragraph 12.6.9.5 to add the following Subparagraph: 12.6.9.5.3 Combustible artificial decorative vegetation shall be tested by a laboratory recognized by the Office of the State Fire Marshal.

Amend Subparagraph 12.6.9.6.1 to replace ½” (13 mm)” with “2 inches (50 millimeters)” and add the following sentence: “A natural cut tree shall not exceed 10 feet (3 meters) in height, excluding the tree stand.”

Amend Section 13.1 to add the following Subsection: 13.1.14 Appearance of Equipment. The AHJ shall be permitted to prohibit any device that has the physical appearance of a life safety or fire protection function but does not perform that life safety or fire protection function.

Amend Paragraph 13.1.3.1 to replace “by Chapters 11 through 43” with “by the AHJ and Chapters 11 through 43”.

Amend Paragraph 13.1.3.2 to replace “by 9.3.5” with “by the AHJ, 9.3.5”.

Amend Paragraph 13.3.1.2 to add the following Subparagraph: 13.3.1.2.1 For new ceiling installations, drop-out ceilings as referenced in NFPA 13, Subsection 9.3.11 and NFPA 13R, Section 6.15, shall be prohibited.

Amend Subparagraph 13.3.2.5.1 replace “The following assembly occupancies” with “The following assembly occupancies having an occupant load of 100 or more persons, or 5,000 or more square feet in area, or located on a floor other than the level of exit discharge”.

Delete Subparagraph 13.3.2.24.2 and replace with the following:

Amend A.13.3.2.24.2.3 to replace “A.13.3.2.24.2.3” with “A.13.3.2.24.2.5”.

Amend Subparagraph 13.3.2.25.5 to delete existing wording and replace with the following: An automatic sprinkler system shall be installed throughout all mini-storage building fire areas greater than 2500 feet2(232 meters2) and where any of the individual storage units are separated by less than a 1-hour fire resistance-rated barrier. Fire areas shall be defined by approved fire barriers having a fire resistance rating of not less than 3-hours.[5000:30.3.5.4]

Amend Sub-subparagraph 13.3.2.27.1.1 to add the following:

Amend Paragraphs 13.3.3.1 and 13.3.3.2 to delete “installed in accordance with this Code”.

Amend Subsection 13.4.1 to add the following Subparagraph: 13.4.1.1.1 No fire pump component, including the pump, driver, or controller, shall be permitted to be installed in below-ground vaults or pits unless otherwise approved by the AHJ.

Amend Subsection 13.6.1.2 to add “, unless otherwise permitted by the AHJ.”

Amend Sub-subparagraph 13.6.4.1.2.1 to replace “certified” with “licensed as required by the AHJ”.

Delete Sub-subparagraphs 13.6.4.1.2.1.1, 13.6.4.1.2.1.2, 13.6.4.1.2.1.3, 13.6.4.1.2.1.4, 13.6.4.1.2.1.5, 13.6.4.1.2.1.6.

Amend Sub-subparagraph 13.6.4.1.2.3 to replace “certified” with “licensed”.

Amend Subparagraph 13.7.1.7.6 to add the following: This paragraph does not permit the omission of manual fire alarm boxes in accordance with other provisions of this Subsection unless specifically permitted by NFPA 101 Chapters 11 through 43.

Amend Subparagraph 13.7.1.15.1 to replace “another section of this Code” with “the AHJ and another section of this Code”.

Amend Sub-subparagraph 13.7.2.5.6.4 to add the following: For compliance with NFPA 101, Paragraph 43.7.2.1(2), approved battery-powered smoke alarms, rather than house electrical service-powered smoke alarms shall be permitted where the facility has testing, maintenance, and smoke alarm replacement programs that ensure reliability of power to the smoke alarms.

Amend Sub-subparagraph 13.7.2.6.6.5 to delete “existing” and replace “battery” with “smoke alarm”.

Amend Sub-subparagraph 13.7.2.22.8.1 to delete “13.7.2.22.8.2 and”.

Delete Sub-subparagraph 13.7.2.22.8.2.

Amend Sub-subparagraphs 13.7.2.28.1.2 and 13.7.2.28.1.3 to replace “Storage occupancies” with “Storage occupancies less than three stories”.

Amend Paragraph 14.4.2.1 to add the following subparagraph:

Amend Subparagraphs 14.5.2.3.7 and 14.5.2.3.8 to add the following sentence: “The locking device shall be of a type that is readily distinguishable as locked.”

Amend Subparagraph 14.5.3.4.1 to replace “in Chapters 11 through 43” with “by the AHJ and in Chapters 11 through 43”.

Amend Subparagraph 14.5.3.5.1 to delete “required to be”.

Amend Subparagraph 14.5.3.5.4 to delete the word “Required”.

Amend Subsection 14.5.8 to delete “14.5.8.1 or”.

Delete Paragraph 14.5.8.1.

Amend Paragraph 14.5.10.1 to replace “by Chapters 11 through 43” with “by the AHJ or Chapters 11 through 43”.

Amend Paragraph 14.13.1.2 to replace “only” in the first sentence with “, but not be limited to,”.

Amend Subparagraph 18.2.3.2.1 to replace “exterior door” with “exterior door acceptable to the AHJ”.

Amend Paragraph 18.2.3.4 to replace the word “shall” with “to” and replace the word “newly” with “the AHJ shall be permitted to require newly”.

Amend Subparagraph 20.1.5.8.3 to replace “prior” to “within 10 minutes prior”.

Amend Subparagraph 20.2.4.2.3 to delete existing wording and replace with the following: Fire emergency egress drills shall be conducted as follows:

Amend Subparagraph 20.3.4.1.1 and 20.3.4.1.2 to delete “more than 3, but” and the “,” after “12”.

Amend Paragraph 25.2.2.1 to add “or other approved testing standard approved by the State Fire Marshal”.

Amend Subsection 26.1.6 to add the following Paragraphs:

Amend Paragraph 32.9.3.7 to replace “made” with “made within 10 minutes prior to the start of each program”.

Amend 34.1.3 to replace “An approved storage” with “Where required by the AHJ, an approved storage”.

Amend Section 34.6 to add the following new Subsection and Paragraphs:

Delete Chapter 35 Animal Housing Facilities.

Amend Subsection 42.7.5 to add the following Paragraphs:

Amend Paragraph 42.7.5.5 to add the following: The following information shall be conspicuously posted in this area:

Amend Subsection 50.8.1 to add the following Paragraphs, Subparagraphs, and Sub-subparagraphs:

Delete Subsection 50.8.3 and replace with the following:

Amend Subparagraph 50.8.8.3.2 to replace “not be transported or stored inside the vehicle” with “be secured in an upright position during transport and storage”.

Permits shall be required for the following:

Amend Sections 65.2, 65.3, and 65.4 to add the following:

Amend Section 65.5 to add the following regarding the manufacture of fireworks:

Amend Section 65.5 to add the following Subsection:

Amend Subsection 65.9.1 reference to NFPA 495 as follows:

NOTE: The content of this regulation is extracted text from NFPA 1, 2012 edition, by permission. Copyright © 2012 NFPA.

Notifications. Written notification by email or facsimile shall be provided to the Office of the State Fire Marshal Bomb Squad at least 24 hours prior to each blast. The name of company or contractor performing the blasting and the location, date, and approximate time shall be identified. The geographical coordinates (longitude and latitude) shall be provided.

Complaints. If requested by a property owner registering a complaint and considered necessary by the State Fire Marshal, measurements on three consecutive blasts, using approved instrumentation, shall be made near to the structure in question.

Special Precautions. When blasting operations, other than those conducted at a fixed site such as a quarry, are to be conducted within 200 feet of a pipe line or high voltage transmission line, the contractor shall take additional precautionary measures and shall notify the owner of the line, or the owner’s agent, that blasting operations are intended.

Records.

Liability Insurance for Explosives Handlers.

License to Service or Repair Portable Fire Extinguishers. A license shall be obtained from the State Fire Marshal's Office by every individual, firm, or corporation commercially servicing, repairing, filling, or refilling portable fire extinguishers, except fire departments.

Sale of Portable Fire Extinguishers.

Gasoline Stoves. The sale or use of gasoline stoves or other similar fuel-burning cooking or heating appliances using Class I flammable liquids as defined in NFPA 1 Fire Code (2024 Edition) and NFPA 30 Flammable and Combustible Liquids Code (2024 Edition), is prohibited unless the appliance has been tested and listed by a testing laboratory accepted by the State Fire Marshal. The appliance shall be installed, operated, and maintained in a safe manner in accordance with the prescribed recommendation of the manufacturer and the conditions stated in the listing by the respective testing laboratory.

Unvented Portable Kerosene-Fired Heaters.

Appeals.

Upon receipt of the petition for appeal, the secretary to the State Fire Prevention Commission shall mail a copy of the petition for appeal to each member of the Commission. The appellant shall be notified of the time and date of the hearing before the Commission at least 10 days before the hearing. At the hearing, there shall be at least five members of the Commission present, one of which shall be either the chairman or the vice-chairman.

Before the hearing and upon specific written request of any party or counsel, in accordance with Public Safety Article, §6-502, Annotated Code of Maryland, the State Fire Marshal may furnish for copying at the State Fire Marshal's office documents or other material in the State Fire Marshal's files relating to the matter at issue. Upon written request, the State Fire Marshal shall furnish the names of witnesses who have personal knowledge of matters material to the matter at issue.

The Commission shall provide for transcription of the hearing by electronic recording device or by a stenographer.

At the hearing, the State Fire Marshal, or the State Fire Marshal's agent or attorney, shall present to the Commission the evidence upon which the decision or order was based. The other party or counsel may cross-examine witnesses. The party aggrieved shall then present witnesses to testify, subject to cross-examination, and other evidence relative to the matter at issue. The State Fire Marshal and the party aggrieved shall be permitted to present:

Upon request of a party, a party's counsel, or State Fire Marshal personnel, the Commission may postpone the hearing for any reason.

Unless the hearing is postponed, failure to appear at the time and place designated in the notice shall be deemed a default on the part of a party.

A decision shall be rendered by the Commission within 30 days of the hearing. Within that time the Commission shall notify all parties in writing of the decision. The decision shall be mailed to the last known address of each party. The mailing of the decision by the Commission is prima facie evidence of notification to a party of the Commission's decision.

This chapter establishes a schedule of fees to be used by the State Fire Marshal to at least cover the administrative costs associated with the review of building plans, inspection of new and existing buildings, and fire suppression, detection, and alarm systems to ensure compliance with applicable fire prevention codes.

This chapter does not apply to any municipal corporation or county that has adopted, before the effective date of this chapter, an ordinance or regulation that establishes a fee schedule for building inspections or plans review.

Municipal or County Corporations.

Occupancies are defined and classified as required by the National Fire Protection Association (NFPA) 101 “Life Safety Code” as incorporated by reference in COMAR 29.06.01. In the case of mixed occupancies when it is impractical to distinguish individual occupancy classifications, the occupancy classification is based on the predominant use and occupancy of the building or structure.

Terminology and reference standards are defined and classified by the appropriate code or standard of the National Fire Protection Association as referenced in COMAR 29.06.01.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Fee Computation. The amount of the fee for the following services shall be computed in accordance with Regulations .05—.07 of this chapter:

Fee Payment for Plan Review and Use and Occupancy Inspections.

Fee Payment for Fire Safety Inspections.

Payment Method.

Disputes Over Fees.

Technical Assistance, Unclassified Inspections, and Special Events. Fees for technical assistance, unclassified inspections, and special events shall be based upon criteria required in Regulation .08 of this chapter.

Fee Schedule.

The fee due shall be calculated using the appropriate rate in §A of this regulation applied to:

When a shell building is built without a specific occupancy or tenancy, the appropriate occupancy fee applies when use or occupancy is determined as prescribed by a separate building permit or use and occupancy permit.

The fee for a mixed occupancy shall:

A change in use or occupancy of a building or tenant space shall be calculated at the same rate as a new building.

The fee for a building or tenant space occupied without completion of a plan review shall be based upon the fee schedule in §A of this regulation.

A 50 percent refund of the fees in §§A—F of this regulation may be refunded if a permit to construct is denied by a permit or licensing authority, or if the applicant abandons the project before construction, for whatever reason. The applicant may request a refund within 6 months of official notification of the denial of the permit, license, or issuance of a building permit by the respective authority. A renewal of the permit or resumption of construction requires a new submittal of plans for the remaining work and payment of the full fee.

The fee schedule that follows in this section is to be used to calculate the fee to be paid for plan review and inspection of the fire protection systems specified:

The fees also include, for a:

Final acceptance tests are to be witnessed by a State fire authority in accordance with administrative procedures established by that authority.

A fee applies if the tests outlined in §B of this regulation reveal that the system being inspected or tested does not meet applicable standards as follows:

The fee schedule in this regulation is to be used to calculate the fee to be paid for a general fire safety inspection. Specific testing of certain specialized fire protection systems and equipment may be required by qualified maintenance personnel or a contractor at the owner's expense.

The following fees are to be applied based upon the occupancy classification for the building:

A fee applies if more than one reinspection outlined in §B of this regulation is required to correct a previously identified code violation as follows:

The fee schedule in this regulation is used to calculate the fee to provide technical assistance or unclassified inspections, including special events, in the form of plan review or on-site inspections.

A separate technical assistance fee shall be charged at the following rate and prorated to the nearest 1/2 hour:

Travel time to and from the meeting or inspection site shall be included when computing the fee.

When requested, a reasonable time to prepare written reports or research subsequent Code-related issues shall be included when computing the fee.

The fee shall be charged to the person officially requesting assistance and is payable upon receipt of an itemized invoice submitted in accordance with administrative procedures established by State fire authorities.

Failure to pay the fee within the required time shall result in appropriate administrative or legal action. Further plan review or inspection action may not take place until the fee is paid in full. This may result in delay of the issuance of a building permit, or use and occupancy permit for the building or facility.

Fees collected by the State shall be deposited in the general fund of the State for the services provided.

Fees shall be collected and processed in accordance with fiscal procedures established by the State for the collection, disbursement, and accounting of funds.

Except as provided in §B of this regulation, a person who inspects, tests, performs maintenance on, installs, repairs, modifies, or lays out fire sprinkler systems in any residential or commercial building in the State shall apply to, and obtain from, the State Fire Marshal, a fire sprinkler contractor license, as provided for in Regulation .04 of this chapter.

A license is not required for the following activities:

These regulations are minimum Statewide requirements which are not intended to prohibit any jurisdiction from adopting a more stringent local law or ordinance which establishes standards or qualifications for fire sprinkler contractors.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Each fire sprinkler contractor who performs work in Maryland shall possess a valid license of the appropriate class as listed in this regulation. A fire sprinkler contractor, except a person exempt under this chapter or Public Safety Article, §9-903(b), Annotated Code of Maryland, who inspects, tests, performs maintenance on, installs, repairs, modifies, or lays out a fire sprinkler system in a residential or commercial building in the State shall possess a valid license under this regulation. The following table illustrates the capabilities of each class of the sprinkler contractor license:

Class I Fire Sprinkler Contractor License.

Class IIa Fire Sprinkler Contractor License.

Class IIb Fire Sprinkler Contractor License.

Class IIc Fire Sprinkler Contractor License.

Class IId Fire Sprinkler Contractor License.

Class IIIa Fire Sprinkler Contractor License.

Class IIIb Fire Sprinkler Contractor License.

Class IIIc Fire Sprinkler Contractor License.

A person may not be permitted to serve as a designated qualified individual for more than three licensed fire sprinkler contractors.

Additional Authorized Work.

Fire Sprinkler System Layout.

Notification Requirements.

License Expiration. All fire sprinkler contractor licenses expire 2 years after the date issued.

Liability Insurance Requirements.

Application.

Fees.

The State Fire Marshal may deny a license to an applicant, reprimand a licensee, or suspend or revoke a fire sprinkler contractor license if the applicant or licensee:

In determining whether the criminal conviction may serve as the basis for denial, suspension, revocation, or the issuance of a reprimand, the State Fire Marshal shall consider the following factors:

Except as provided in Regulation .07 of this chapter, and before any action is taken under Regulation .05 of this chapter, the State Fire Marshal shall mail to the applicant or fire sprinkler contractor at the last known address of the applicant or fire sprinkler contractor written notice stating:

If an applicant or fire sprinkler contractor requests a hearing, the hearing shall be conducted by the State Fire Prevention Commission in accordance with COMAR 29.06.02.

Except as provided in Regulation .07 of this chapter, the State Fire Marshal may not act to deny, suspend, revoke, or reprimand until after the decision of the State Fire Prevention Commission or until after the time for requesting a hearing has expired.

The State Fire Marshal may order summarily the suspension of a license if the State Fire Marshal finds that the public health, safety, or welfare imperatively requires emergency action.

The State Fire Marshal shall promptly give the fire sprinkler contractor licensee:

Unless otherwise exempt, a person may not inspect, test, perform maintenance on, install, repair, modify, or lay out any fire sprinkler system in a residential or commercial building in the State without first obtaining the appropriate license required under this chapter.

A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of $1,000 or imprisonment for not more than 10 days, or both.

This chapter applies to the wholesale, retail sale, and distribution of ground-based sparkling devices.

This chapter does not apply to a municipal corporation or county which has adopted more stringent regulations.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

A distributor or wholesaler of sparklers or sparkling devices that intends to conduct business in the State, or sells, ships, or assigns for sale in the State the products of the distributor or wholesaler, shall register annually with the Office of the State Fire Marshal on forms prescribed by the State Fire Marshal.

Registration forms may be obtained at the Office of the State Fire Marshal Headquarters, 1201 Reisterstown Road, Building C, Pikesville, MD 21208 and at State Fire Marshal installations throughout the State.

Completed registration forms and a nonrefundable annual fee of $750 shall be forwarded to the Office of the State Fire Marshal Headquarters.

Upon confirmation of registration, the registrant shall submit to the Office of the State Fire Marshal a list of all retail sales facilities located in the State receiving ground-based sparkling devices for sale to the general public and the locations of the facilities.

Wholesalers and distributors of ground-based sparkling devices shall comply with the permits and approvals requirements and Chapter 65 “Explosives, Fireworks, and Model Rocketry” of NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01, unless otherwise modified by this chapter.

Ground-based sparkling devices may be sold or distributed in any of the following buildings or structures:

All storage of ground-based sparkling devices:

Ground-based sparkling devices sales and distribution facilities may not be located in basements.

Except for permanent buildings and structures used exclusively for sale and distribution of ground-based sparkling devices, permanent buildings and structures may not have more than 5 percent of their gross sales or distribution floor area for ground-based sparkling devices display.

Open-air mercantile operations may not exceed:

All ground-based sparkling devices merchandise offered for sale or distribution shall be prepackaged with a packaging arrangement which completely encapsulates the ground-based sparkling device item or items with paperboard, cardboard, plastic wrap, or similar materials or combinations of materials. The encapsulation shall ensure that an individual must puncture, tear, unseal, or break open the package, or otherwise damage or destroy the packaging materials in order to gain access to, and directly handle, each individual ground-based sparkling device item to expose its fuse.

A display may not exceed 3,000 square feet unless the building or structure in which it is located is protected throughout by an approved automatic sprinkler system.

Height and Clearance. Ground-based sparkling devices on display or located on shelves, counters, or other fixtures may only be displayed with at least an 18-inch clearance from the ceiling and in temporary sales or distribution stands where the interior is not accessible to the general public, not higher than 8 feet from the floor surface.

Means of egress in ground-based sparkling devices sales or distribution facilities shall comply with the requirements of NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01, unless otherwise modified by this regulation.

Means of egress in tents and membrane structures used for the sales or distribution of ground-based sparkling devices shall comply with NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01 and NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, unless otherwise modified by this regulation.

An approved fire safety and evacuation plan shall:

Exit openings from tents shall have a clear opening width of at least 44 inches.

Scope. This regulation does not limit the type and quantity of fuel for generators and their fuel storage located not less than 50 feet from the exterior of the sales or distribution facility.

Generators using flammable or combustible liquid or gas fuels supplying power to ground-based sparkling devices sales or distribution facilities may not be located less than 20 feet from the exterior of the sales or distribution facility.

Combustible and flammable liquid generator fuel may not:

Flammable gas generator fuel may not:

At least one individual 18 years old or older shall be:

All personnel handling ground-based sparkling devices shall be 16 years old or older.

All personnel handling ground-based sparkling devices shall receive safety training related to the performance of their duties. Training shall include, but not be limited to, safe handling instructions, emergency procedures, and the use of portable fire extinguishers.

The distributor shall provide detailed safe handling instruction guidelines for sales and distribution personnel with all packing information for ground-based sparkling devices.

The distributor shall provide the retailer with a list of ground-based sparkling devices approved for sale by the Office of the State Fire Marshal.

Personnel may not sell ground-based sparkling devices to a person younger than 16 years old as set forth in Public Safety Article, §10-112, Annotated Code of Maryland.

In facilities used exclusively for the sale or distribution of ground-based sparkling devices, a sign reading “PERSONS UNDER 16 MUST BE ACCOMPANIED BY, AND UNDER THE SUPERVISION OF, A RESPONSIBLE PERSON AT LEAST 18 YEARS OLD” shall be conspicuously posted in letters not less than 1 inch high, on a contrasting background, at each entrance to the sales or distribution facility to which the general public has access to the interior.

Where not otherwise required by local or state laws, ordinances, or regulations, a sign reading “NO GROUND-BASED SPARKLING DEVICE SALES OR DISTRIBUTION TO PERSONS UNDER 16 YEARS OLD. PHOTO I.D. REQUIRED” shall be conspicuously posted in letters not less than 1 inch high at:

At least one sign reading “NO SMOKING OR OPEN FLAME DEVICES WITHIN 50 FEET”, in letters at least 2-inches high on a contrasting background, shall be conspicuously posted at each entrance or within 10 feet of every aisle directly serving the ground-based sparkling device sale or distribution display area in the facility.

At least one sign reading “NO GROUND-BASED SPARKLING DEVICE DISCHARGE WITHIN 300 FEET”, in letters at least 2-inches high on a contrasting background, shall be conspicuously posted in the vicinity of the ground-based sparkling device sales or distribution display, or as otherwise required by the authority having jurisdiction.