This chapter shall be known and may be cited as the State Fire Prevention Code. 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: The hazards of fire and explosion arising from the storage, handling, or use of substances, materials, or devices; and Conditions hazardous to life, property, or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots, or premises. 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 Repealed.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; A legally designated fire official of a county or municipal corporation of the State; or Other persons legally appointed by the State Fire Marshal under Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland. 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. “Authority having jurisdiction (AHJ)” means the State Fire Marshal or the legally appointed designee as prescribed in this chapter. “International Code Council (ICC)” means International Code Council, Inc., 200 Massachusetts Avenue N.W., Suite 250, Washington, DC 20001. “Legally appointed designee” means those local or county officials specifically authorized under the Public Safety Article, Annotated Code of Maryland, to enforce the provisions of the State Fire Laws and State Fire Prevention Code. “New building or condition” means a building, structure, installation, plant, equipment, renovation, or condition: For which a building permit is issued on or after the effective date of this chapter; On which actual construction is started on or after the effective date of this chapter in a jurisdiction where a building permit is not required; Which represents a change from one occupancy classification to another on or after the effective date of this chapter; or Which represents a situation, circumstance, or physical makeup of any structure, premise, or process that was commenced on or after the effective date of this chapter. “NFPA” means National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471. 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. NFPA 1 Fire Code (2024 Edition). NFPA 101 Life Safety Code (2024 Edition). Incorporation by Reference Locations. The documents incorporated by reference in §B of this regulation are available for inspection in State depository libraries. The NFPA 101 Life Safety Code (2024 Edition) is incorporated by reference, except for the following amendments: 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: Not less than two separate exits shall be provided on every story. Not less than two separate exits shall be accessible from every part of every story. 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: Not less than one fire emergency egress drill shall be conducted every month the facility is in session, unless the following criteria are met: In climates where the weather is severe, the monthly fire emergency egress drills shall be permitted to be deferred; and In educational occupancies which are: fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills shall be five, with a least two of the required drills conducted in the first four months of the school year; or not fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills shall be eight, with at least three of the required drills conducted in the first four months of the school year. All occupants of the building shall participate in the fire emergency egress drill. One fire emergency egress drill, other than for educational occupancies that are open on a year-round basis, shall be required within the first 30 days of operation. 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: The total number of occupants in the occupancy in which the day care center is located is not more than 300 persons. All rooms used for day care are located on the level of exit discharge; All rooms used for day care have at least one exterior exit door at grade level; and The occupancy in which the day care center is located does not exceed 12,000 square feet in area. 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: The minimum staff-to-client ratio shall be not less than one staff member for up to eight clients, including the caretaker's own children incapable of self-preservation. There shall be not more than four clients incapable of self-preservation, including the caretaker's own children incapable of self-preservation. A staff-to-client ratio of at least one staff member to every two clients incapable of self-preservation shall be maintained at all times. The staff-to-client ratio shall be permitted to be modified by the authority having jurisdiction where safeguards in addition to those specified in this section are provided. 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: The sliding door shall have not more than one, easily operated, locking device that does not require special knowledge, effort, or tools to operate; There may not be draperies, screens, or storm doors that could impede egress; The sill or track height may not exceed 1/2 inch above the interior finish floor; The surface onto which exit is made shall be an all weather surface such as a deck, patio, or sidewalk; The floor level outside the door may be one step lower than the inside, but not more than 8 inches lower; The sliding door shall open to a clear open width of at least 28 inches; Before day-care use each day, the sliding door shall be unlocked and tested to the full required width to be sure it is operating properly, and the door shall be nonbinding and slide easily; and During periods of snow or freezing rain, door tracks shall be cleared out and the door opened periodically throughout the day in order to ensure proper operation. 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”. The NFPA 1 Fire Code (2024 Edition) is incorporated by reference, except for the amendments in Regulation .09 of this chapter and the following amendments: 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”. The NFPA 1 Fire Code (2024 Edition) is incorporated by reference, except for the amendments in Regulation .08 of this chapter and the following amendments: Permits shall be required for the following: Fireworks displays; Pyrotechnics before a proximate audience; and Flame effects before an audience. Amend Sections 65.2, 65.3, and 65.4 to add the following: All applications for permits for display shall be filed at least 10 business days before the display is to be held. Under Public Safety Article, Title 10, Annotated Code of Maryland, the following requirements apply to public liability and property damage insurance: In order to meet the requirement of the statute, the State shall be named as an insured in the contract of insurance; Because the policy shall cover all damages to persons or property, a deductible form of coverage may not be accepted; The minimum amount of coverage that the State can accept on any display is $25,000 for the injury of one person, $50,000 for more than one person, and $10,000 for property damage; and A duplicate policy of a certificate of insurance shall be attached to the application. The policy or certificate shall provide that: The coverage may not be canceled without at least 30 days notice to the State Fire Marshal; The duplicate policy or certificate shall set forth all of the terms, conditions, endorsements, and riders which are or which will become part of the policy when issued; It is understood and agreed that limitations cannot be included in the policy which are not set forth in the duplicate policy or certificate of insurance which has been filed; If the policy is issued by an insurer authorized to do business in the State, it shall be validated by the signature of an agent licensed by the Maryland Insurance Administration to represent the insurer; If coverage is provided by an insurer who is not authorized to do business in the State, the duplicate policy or certificate of insurance shall be accompanied by a power of attorney or other satisfactory evidence that the person, firm, or corporation acting as agent in accepting the risk has authority to bind risks and issue policies for the insurer; The State Fire Marshal's Office specifically reserves the right to disapprove contracts issued by any authorized insurer if the Fire Marshal's Office determines the insurer is unsatisfactory; and If the policy issued by the unauthorized company is acceptable to the Fire Marshal's Office, it shall be registered and the registration fee and tax paid. Amend Section 65.5 to add the following regarding the manufacture of fireworks: A building containing hazardous mixes or items may not be located closer than 20 feet to the property line. In §C(3) of this regulation, the following terms have the meanings indicated: “Trainees” means employees undergoing initial training in a specific process for a period not to exceed 24 consecutive work hours. “Transients” means: Supervisors not regularly assigned to the area; Bona fide government agency personnel engaged in official business; and Material-handling personnel actively engaged in the transfer of materials into or out of the area. The maximum number of workers, excluding one trainee and three transients, permitted in a building at one time shall be limited to one person per 100 square feet gross floor area or one person in buildings of less than 100 square feet gross floor area. The total amount of explosives or pyrotechnic composition including raw materials, material being processed, and finished products, that may be safely permitted in any building at a given time, shall be determined by the enforcement agency based upon the American Table of Distances for Storage of Explosives, without recognition for barricades. However, distances may not be less than those required by Public Safety Article, §10-204(a), Annotated Code of Maryland. The amount of explosives or other pyrotechnic composition may not exceed the amount necessary for production for 4 hours. Before beginning work, all fireworks plants shall submit for approval accurate scale plot plans of their premises to the State Fire Marshal of all proposed changes of location of any of the structures, fences, and gates. Amend Section 65.5 to add the following Subsection: Sale or use of fireworks shall comply with the following: Before the sale, offering for sale, or use within the State, of any sparkler, every manufacturer of sparklers shall submit sufficient samples for inspection to the State Fire Marshal, with a laboratory report from a certified testing laboratory affirming that the analysis of these sparklers showed that they contain no chlorates or perchlorates. All sparklers sold in the State shall be sold in boxes, and each box shall be clearly marked that the sparklers contain no chlorates or perchlorates. The manufacturer shall furnish the State Fire Marshal with a current list of wholesalers, jobbers, retailers, or retail outlets, who handle or supply sparklers, or maintain a list of wholesalers, jobbers, retailers, or retail outlets, subject to inspection by the State Fire Marshal. Amend Subsection 65.9.1 reference to NFPA 495 as follows: Amend Section 3.3 to add the following definition: Demolition. The explosive razing of any manmade structure or any part thereof that cannot be covered with overburden or blasting mats. Amend Section 4.4 to add the following new Subsection: 4.4.7 Each applicant for a Demolition Class D permit shall possess 5 years of experience in the field of demolition and shall pass the demolition examination as approved by the Office of the State Fire Marshal. 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. A record of each blast shall be kept. All records, including seismograph reports, shall be retained for at least 3 years, be available for inspection, and include the following items: Name of company or contractor; Location, date, and time of blast. The geographical coordinates (longitude and latitude) shall be identified; Name, signature, and Social Security number of blaster in charge; Type of material blasted; Number of holes, burden, and spacing; Diameter and depth of holes; Type of explosives used; Total amount of explosives used; Maximum amount of explosives per delay period of 8 milliseconds or greater; Method of firing and type of circuit; Direction and distance in feet to nearest dwelling house, public building, school, church, and commercial or institutional building not owned or leased by the person conducting the blasting; Weather conditions including such factors as wind direction, etc.; Height or length of stemming; If mats or other protection to prevent fly rock were used; Type of detonators used and delay period used; Seismograph records including seismograph readings when required containing: Name and signature of the individual operating the seismograph, Name of the individual analyzing the seismograph records, and Seismograph reading; and The maximum number of holes per delay period of 8 milliseconds or greater. The person taking the seismograph reading shall accurately indicate the exact location of the seismograph, if used, and shall also show the distance of the seismograph from the blast. Liability Insurance for Explosives Handlers. As provided in Public Safety Article, Title 11, Annotated Code of Maryland, proof of liability insurance shall be provided by an applicant for a license to: Manufacture explosives; Engage in the business of dealing in explosives; or Possess any explosives other than for use in firearms. The minimum amount of liability insurance required for licensing for the activities specified in §E(1) of this regulation is $1,000,000. 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. It is unlawful for a person, directly or through an agent, to sell or offer for sale in the State any make, type, or model of portable fire extinguisher, either new or used, unless the make, type, or model of extinguisher has been tested and listed by a testing laboratory accepted by the State Fire Marshal. An extinguisher is not approved even if it bears the label of an accepted testing laboratory if it contains any of the following liquids: Carbon tetrachloride, chlorobromomethane, azeotrophic chloromethane, dibromodifluoromethane, 1,2-dibromo-2-chloro-1,2-trifluoroethane; 1,2-dibromo-2,2-difluoroethane, methyl bromide, ethylene dibromide; 1,2-dibromotetrafluoroethane, hydrogen bromide, methylene bromide, bromodifluoromethane, dichlorodifluoromethane; or Any other toxic or poisonous liquid. A license shall be obtained from the State Fire Marshal's Office by every individual, firm, or corporation commercially installing, servicing, or repairing nonwater-based fixed fire extinguishing systems. 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. The sale or use of unvented portable kerosene-fired heaters is permitted only if the heater or appliance meets the U.L. Subject 647 and bears the label of a testing laboratory accepted by the State Fire Marshal. The heaters shall only be used as permitted under Commercial Law Article, §14-1310, Annotated Code of Maryland. Each heater shall contain a warning label stating: “This device must not be operated while unattended”. In addition, the heater shall contain the manufacturer's warning label required by Commercial Law Article, §14-1310, Annotated Code of Maryland. An individual, firm, or corporation may not sell or offer for sale in the State any type of flame-retardant or flame-proofing compound, powder, or liquid, for fire-retardant purposes unless the product has been tested, listed, and bears the mark of a recognized testing laboratory accepted by the State Fire Marshal. Visual obscuration systems associated with security or burglar alarm systems may not be permitted. Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland Effective date: July 21, 1972 Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604) Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709) Regulation .14D adopted effective July 1, 1967 Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885) Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628) Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759) Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772) Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672) Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936) Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808) Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064) Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735) Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719) Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604) Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629) Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979 Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629) Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074) Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228) Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636) Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32) Chapter revised effective May 6, 1985 (12:9 Md. R. 812) Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568) Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143) Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849) Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622) Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72) Chapter revised effective May 11, 1992 (19:9 Md. R. 879) Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805) Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805) Chapter revised effective December 4, 1995 (22:24 Md. R. 1897) COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25) Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25) Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400) Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400) Chapter revised effective August 1, 2004 (31:12 Md. R. 914) Chapter revised effective January 1, 2007 (33:24 Md. R. 1907) Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599) Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956) Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956) Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599) Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436) Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599) Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533) Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599) Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599) Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599) Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020 Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738) Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847) Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956) Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956) Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436) Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599) Appeals. When a person is aggrieved by an order or decision of the State Fire Marshal, made in the course of the administration or enforcement of the State Fire Prevention Code and Public Safety Article, Title 6, Annotated Code of Maryland, the person shall file within 20 days a written petition of appeal with the State Fire Prevention Commission, setting forth the reason for the appeal. The 20-day period during which an appeal may be taken begins on the date the notice of the Fire Marshal's order or decision was received by the person or agent in accordance with Public Safety Article, §6-319, Annotated Code of Maryland. The original petition for appeal and nine copies of it shall be filed with the State Fire Prevention Commission, 12 Jonathan Street, Suite 100, Hagerstown, MD 21740. 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: Additional evidence at any time during the hearing; and Oral arguments at the close of all of the evidence. 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. In addition to this chapter, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, governs practice and procedure in a hearing before the Commission and an appeal from a hearing. Public Safety Article, §6-206 and Title 6, Subtitle 5, Annotated Code of Maryland Effective date: July 21, 1972 Chapter revised effective May 6, 1985 (12:9 Md. R. 812) COMAR 12.03.02 repealed effective January 14, 1999 (26:1 Md. R. 25) Regulations .01 and .02 adopted effective January 14, 1999 (26:1 Md. R. 25) Effective date: May 1, 1989 (16:8 Md. R. 910) Chapter, Standard for the Installation of Sprinkler Systems in Residential Occupancies, repealed effective May 11, 1992 (19:9 Md. R. 879) Regulations .01—.04, Approval of Testing Laboratories, adopted effective May 11, 1992 (19:9 Md. R. 879) Chapter recodified from COMAR 12.03.03 to COMAR 29.06.03 effective January 14, 1999 (26:1 Md. R. 25) Regulations .01—.04 repealed effective January 1, 2013 (39:23 Md. R. 1533) 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. The fee schedule established by the State Fire Prevention Commission may be used, amended, or referenced by a municipal or county corporation that chooses to establish its own fee schedule. A municipal or county corporation establishing its own fee schedule shall be responsible for administering its own: Plan reviews or inspections; Fee processing; and Payment collection. 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. “Code” means the State Fire Laws, Public Safety Article, Titles 6 and 9, Annotated Code of Maryland, and the State Fire Prevention Code under COMAR 29.06.01. “Fire protection system” means: Fire alarm and detection systems with a fire alarm control panel; Sprinkler, water spray, and combined sprinkler and standpipe systems; Standpipe systems and hose systems; Fire pumps and associated valves, piping, controllers, driver, and related equipment; Gaseous and chemical extinguishing systems that use gases such as halon or carbon dioxide, or dry or wet chemical compounds as the primary extinguishing agent; Foam systems that use a foaming agent to control or extinguish a fire in a flammable liquid installation, aircraft hangar, and other recognized applications; and Smoke control systems that include smoke exhaust, stair pressurization, and other recognized air-handling systems specifically designed to exhaust or control smoke, or create pressure zones to minimize the hazard of smoke spread caused by fire. “Initial inspection” means an inspection conducted for fire code compliance not generated by a previously identified fire code violation. “Local fire authority” means those municipal or county fire officials specifically authorized under Public Safety Article, Annotated Code of Maryland, to enforce the provisions of the State Fire Laws and Fire Prevention Code. “New building or condition” means a building, structure, installation, plant, equipment, renovation, or condition: For which a building permit is issued on or after the effective date of this chapter; On which actual construction is started on or after the effective date of this chapter in a jurisdiction where a building permit is not required; That represents a change from one occupancy classification to another on or after the effective date of this chapter; or That represents a situation, circumstance, or physical makeup of any structure, premise, or process that was commenced on or after the effective date of this chapter. “Reinspection” means an inspection conducted for fire code compliance generated by a previously identified fire code violation. “State fire authority” means the State Fire Marshal or legally appointed designee. Fee Computation. The amount of the fee for the following services shall be computed in accordance with Regulations .05—.07 of this chapter: Plan review, and use and occupancy inspection; Fire protection system plan review and inspection; and Fire safety inspection. Fee Payment for Plan Review and Use and Occupancy Inspections. Fees for plan review and use and occupancy inspections are payable upon receipt of an invoice from the State fire authority of: Preliminary or construction plans for the construction of a new building, addition, expansion, or renovation of an existing building or facility; and Plans for a fire protection system. Fee payments shall be reviewed by the State fire authority to ensure that they are in the proper amount. If a fee payment is incorrect, an invoice requesting the balance of the fee shall be sent to the person identified on the original invoice. 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 the delay of the issuance of a building permit, or use and occupancy permit, for the building or facility. Fee Payment for Fire Safety Inspections. Fees for fire safety inspections are payable upon receipt of an invoice from the State fire authority upon completion of the inspection. Failure to pay this fee within the specified time may result in: Administrative or legal action; No further inspection activity; Denial of the issuance or renewal of a permit or license held by the facility being inspected; and Violation of Public Safety Article, §§6-601, 6-317, 9-109, 9-206, or 9-905, Annotated Code of Maryland. The fire safety inspection fee may not be charged if the initial inspection is conducted in response to a specific complaint regarding an alleged violation of the Code. Any reinspection based on the initial inspection is subject to the fees outlined in Regulation .07C of this chapter. The fire safety inspection fee may not be charged if the initial inspection is initiated by the State fire authority. Any reinspection based on the initial inspection is subject to the fees outlined in Regulation .07C of this chapter. Payment Method. Fee payments shall be made payable to the Office of the State Fire Marshal. Cash payment is not acceptable. Fee payment shall be in the form of a check, money order, or other approved means. Disputes Over Fees. Disputes regarding the amount of the fee charged and any other matter related to the charging of a fee shall be resolved in accordance with administrative procedures adopted by the State fire authority. An appeal of an administrative finding by the State Fire Marshal may be made to the State Fire Prevention Commission in accordance with procedures in COMAR 29.06.02. 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 schedule in this section is to be used to calculate the fee to be paid for the review of plans for and inspection of all new and existing buildings, including a change in use or occupancy. Where a local jurisdiction elects to conduct plan reviews and adopts a fee schedule for these reviews but does not conduct the inspections, the State Fire Marshal shall be permitted to reduce the fee schedule rate under this regulation by 50 percent to cover the costs of inspections conducted by the State Fire Marshal. The review and inspection is required to obtain a building permit, or a use and occupancy permit from a State or local government agency or licensing authority in order to construct, renovate, or occupy a building or facility, or install a fire protection system. Fees are as follows: Assembly occupancy — 8 cents per square foot; Educational occupancy — 10 cents per square foot; Health care occupancy — 10 cents per square foot; Detention or correctional occupancy — 10 cents per square foot; Residential occupancy — 8 cents per square foot; Mercantile occupancy — 8 cents per square foot; Business occupancy — 8 cents per square foot; Industrial occupancy — 6 cents per square foot; Storage occupancy — 6 cents per square foot; $100 per plan review or use and occupancy inspection, whichever is greater; Flammable or combustible liquid storage tank — 1 cent per gallon of maximum tank capacity or $200 per tank, whichever is greater, although tanks less than 660 gallons used to provide heating fuel or other utility service to a building or facility are exempt from the fee; Marina or pier — $120 plus $1.50 per slip; and Outside storage of flammable and combustible materials such as scrap tire, lumber, mulch, tree stumps, drums of flammable or combustible liquids, etc. — $120 per acre or fraction of an acre. The fee due shall be calculated using the appropriate rate in §A of this regulation applied to: The gross square feet per floor for a new building or tenant space or a change in its use or occupancy; The gross square feet of an area being renovated or altered; or The gross square feet per floor for a storage occupancy when a shell building without a specific occupancy or tenancy is to be built. 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: Be based upon the fee schedule in §A of this regulation for each occupancy; Be the cumulative total of the fee for each occupancy; and Reflect the predominant classification of the building or structure when a separate fee for each occupancy cannot be determined. 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: Fire alarm and detection system—$150 per fire alarm control panel, plus $2 per fire alarm initiating and indicating device; Sprinkler, water spray, and combined sprinkler and standpipe system: $2 per sprinkler head and $3 per extended coverage sprinkler head or $150 per system, whichever is greater; and $100 for each additional hydrostatic test; or $75 per dwelling unit for one-family and two-family dwellings; Standpipe and hose system—$50 per 100 linear feet of piping or fraction of 100 linear feet, or $150 per system, whichever is greater; Fire pump—50 cents per gallon per minute (gpm) of rated pump capacity or $300 per pump, whichever is greater, although this fee does not apply to limited service pumps for residential sprinkler systems as permitted for NFPA 13D systems; Water storage tanks—$100 per tank, although this fee does not apply to residential sprinkler system tanks as permitted for NFPA 13D systems; Gaseous and chemical extinguishing system — The greater of: $1 per pound of gaseous or dry chemical extinguishing agent, although this fee does not apply to a reserve supply of extinguishing agent; $100 per 30,000 cubic feet of volume of the portion of protected space; or $150 per system; and $150 per wet chemical extinguishing system; Foam system—$100 per nozzle or local applicator device plus $2 per sprinkler head for a combined sprinkler and foam system, or $150 per system, whichever is greater; Smoke control system—$100 per 50,000 cubic feet of volume or the portion of the protected or controlled space, up to a maximum of $1,500 per system, or $300 per system, whichever is greater. The fees also include, for a: Fire alarm and detection system: Plan review and inspection of a complete system of: Wiring, Controls, Alarm and detection equipment, and Related appurtenances; and One final acceptance test of the installed system; Sprinkler, water spray, and combined sprinkler and standpipe system: Plan review and inspection of: Shop drawings, Hydraulic calculations, Piping, Control valves, and Connections and other related equipment and appurtenances; One underground flush test; One hydrostatic test; One forward flow test of the backflow preventer; and One final acceptance test; Standpipe and hose system: Plan review and inspection of a complete system of: Shop drawings, Control valves, Piping, and Connections and other related equipment and appurtenances; One flush test; One hydrostatic test; and One final acceptance test; Fire pump: Plan review and inspection of a complete system of: Pumps and all associated valves, Piping, Controllers, Driver and other related equipment and appurtenances; and One pump acceptance test per pump; Gaseous or chemical extinguishing system: Plan review and inspection of a complete system of: Piping, Controls, and Equipment and other appurtenances; and One performance or acceptance test; Foam system: Plan review and inspection of a complete system of: Piping, Controls, Nozzles, and Equipment and related appurtenances; and One flush test; One hydrostatic test; and One final acceptance test; Smoke control system: Plan review and inspection of system components; and One performance or acceptance test. 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: First reinspection or retest—$200; and Each additional reinspection or retest—$250. 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: Assembly occupancy: 1,001 or more individuals—$360; 301 to 1,000 individuals—$240; 50 to 300 individuals—$120; Fairgrounds, for properties with: Nine buildings or less—$240; Ten buildings or more—$480; Educational occupancy: Elementary school, which includes kindergarten and prekindergarten facilities—$120; Middle or junior high school—$180; Senior high school—$180; Family or group day care homes: Initial inspection—$75; Renewal inspection—$50; Nursery or day care centers—$100; Health care occupancy: Ambulatory health care center—$180 per 3,000 square feet or fraction of 3,000 square feet; Hospital, nursing home, and limited care facility—$120 per building plus $2.50 per patient bed; Detention and correctional occupancy—$120 per building plus $2.50 per rated bed capacity; Residential occupancy: Hotel and motel—$120 per building plus $2.50 per guest room or suite; Dormitory—$120 per building plus $2.50 per bed; Apartment—$120 per building plus $2.50 per apartment; Lodging or rooming house—$120 per building plus $2.50 per bed; One and two family dwelling, including alternate living units and foster care homes—$75; Board and care home—$120 per building plus $2.50 per bed; Mercantile occupancy: Class A—over 30,000 square feet—$300; Class B—3,000 to 30,000 square feet—$150; Class C—less than 3,000 square feet—$100; Business occupancy—$120 per 3,000 square feet or fraction of 3,000 square feet; Industrial or storage occupancy: Low or ordinary hazard—$120 per 5,000 square feet or fraction of 5,000 square feet; High hazard—$200 per 5,000 square feet or fraction of 5,000 square feet; Manufactured homes sites and communities—$120 per facility plus $2.50 per site; Campgrounds: Vehicular campgrounds—$120 per facility plus $2.50 per campsite; Campgrounds with sleeping accommodations—$180 per facility plus $2.50 per bed; Campgrounds without sleeping accommodations—$120 per facility; Outside storage of combustible materials, for example, scrap tires, lumber, mulch, tree stumps, etc.—$60 per acre or fraction of an acre; Outside storage of flammable or combustible liquids/gases (drums or tanks)—$120 per 5,000 square feet or fraction of 5,000 square feet; and Marinas and piers—$120 plus $1.50 per slip. 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: Second reinspection—$200; and Each additional reinspection—$250. 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: Deputy fire marshal or fire safety inspector—$75 per hour; and Fire protection engineer—$100 per 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. Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland Effective date: August 30, 1993 (20:17 Md. R. 1347) Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733) Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606) Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510) Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113) Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25) Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336) Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113) Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336) Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21) Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510) Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510) Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510) This chapter establishes licensing requirements for persons who inspect, test, perform maintenance on, install, repair, modify, or lay out fire sprinkler systems in any residential or commercial building in Maryland. 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: Inspections and tests by insurance representatives acting in the performance of their assigned duty; Inspections, tests, and repairs by a full-time maintenance employee of the property owner, knowledgeable about fire sprinkler systems, acting in the performance of the employee's assigned duty for the property owner; Inspections, tests, plan review, and ensuring the maintenance of, and any emergency maintenance activity on, a fire sprinkler system, or restoration of an operating, or recently operated, fire sprinkler system to active service by an individual acting in the individual's capacity as a member of a State, county, municipal, career, or volunteer fire department, or authority having jurisdiction; Installation of a limited area fire sprinkler system or emergency temporary repairs performed by a licensed master plumber in accordance with COMAR 29.06.01; Inspections, tests, preparation of design and specification documents, hydraulic calculations, layout, and plan review of fire sprinkler systems by a Maryland-registered professional engineer knowledgeable about fire sprinkler systems; or Installation, testing, servicing, and maintenance of specialized equipment that is associated with automatic fire sprinkler systems, but not regulated by the specific provisions of NFPA 13, NFPA 13D, or NFPA 13R, performed by persons under the responsible charge of a licensed fire sprinkler contractor who shall verify that such persons have the appropriate qualifications and certifications to perform these specific functions and who shall be responsible for the installation and continued approved operation of all equipment associated with the fire sprinkler system. 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. “Designated qualified individual” means an owner or permanent and dedicated employee of a fire sprinkler contractor, who is responsible for overseeing work performed by other persons employed by the contractor, and who possesses the required NICET or equivalent qualification or professional engineer qualifications in accordance with the appropriate class of license as listed in this chapter. “Fire sprinkler contractor” means a person that inspects, tests, performs maintenance on, installs, repairs, modifies, or lays out a fire sprinkler system in accordance with standards incorporated by reference in COMAR 29.06.01. “Fire sprinkler system” means a sprinkler system for fire protection purposes which: Is an integrated system of piping laid out in accordance with standards adopted in COMAR 29.06.01; Includes, as the portion of the fire sprinkler system above ground, a network of specially sized or hydraulically designed piping and associated equipment installed in a building, structure, or area, generally overhead, and to which fire sprinklers are connected in a systematic pattern; Is activated by a device capable of detecting heat or combustion byproducts produced by a fire, and which discharges water over the fire area; Does not include the first connection to a potable water supply that is downstream of a backflow preventer, and the final connection that discharges indirectly into a public or private disposal system, sanitary drainage facility, or storm drainage facility; and Includes potable water multipurpose piping systems as defined in NFPA 13D. “International Building Code” means the edition of the International Business Code, with amendments, which is incorporated by reference in COMAR 29.06.01. “Layout” means the preparation of shop drawings implementing engineering contract documents and applicable codes and standards. “Limited area fire sprinkler system” means a: Fire sprinkler system, except a system installed in a townhouse or other single family dwelling, which is laid out within one fire area, and which is enclosed within approved separation assemblies, with no more than 20 sprinklers based on the spacing limitations of NFPA 13, and laid out in accordance with the International Building Code, and which has a water supply that consists of one of the following: A standpipe system capable of supplying a 500 gallon/minute (1890 liters/minute) minimum flow and which has an automatic water supply; or A connection in compliance with the Maryland State Plumbing Code to a domestic water system laid out to adequately support the design flow of the largest number of sprinklers required to be hydraulically calculated by NFPA 13 in any fire area plus the domestic demand; or A fire sprinkler system consisting of not more than six sprinklers for any isolated hazardous area connected to a domestic water supply having a capacity sufficient to provide 0.15 gallon/minute/square foot (6.1 liter/minute/square meter) of floor area throughout the entire enclosed area installed in accordance with NFPA 101. “NFPA” refers to standards produced by the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269, which are incorporated by reference in COMAR 29.06.01. “NICET” means the National Institute for the Certification in Engineering Technologies. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity. “State Fire Marshal” means the Fire Marshal for the State of Maryland or, in the Fire Marshal's absence, an individual who has been specially designated by the State Fire Marshal to enforce this chapter. “Workmanlike manner” means a quality of work typical of the standard recognized within the industry and befitting a skilled workman or craftsman. 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. A fire sprinkler contractor engaged in the inspection, testing, and performance of maintenance of residential or commercial fire sprinkler systems that are in accordance with NFPA 13, NFPA 13D, or NFPA 13R shall possess a class I fire sprinkler contractor license. To obtain a class I fire sprinkler contractor license, a person shall: Have not less than 3 years experience in the inspection, testing, and performance of maintenance of residential and commercial fire sprinkler systems as determined by the State Fire Marshal; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, inspection, and testing of water-based systems. Class IIa Fire Sprinkler Contractor License. A fire sprinkler contractor engaged in the installation, repair, or modification of residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R shall possess a class IIa fire sprinkler contractor license. To obtain a class IIa fire sprinkler contractor license, a person shall: Have not less than 3 years experience in the installation, repair, or modification of residential fire sprinkler systems as determined by the State Fire Marshal; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout. For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland. Class IIb Fire Sprinkler Contractor License. A fire sprinkler contractor engaged in the layout of residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R shall possess a class IIb fire sprinkler contractor license. To obtain a class IIb fire sprinkler contractor license, a person shall: Have not less than 3 years experience in the layout of residential fire systems as determined by the State Fire Marshal; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout. Class IIc Fire Sprinkler Contractor License. A fire sprinkler contractor engaged in the installation, repair, modification, and layout of residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R shall possess a class IIc fire sprinkler contractor license. To obtain a class IIc fire sprinkler contractor license, a person shall: Have not less than 3 years experience in the installation, repair, modification and layout of residential fire sprinkler systems as determined by the State Fire Marshal; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout. For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland. Class IId Fire Sprinkler Contractor License. A fire sprinkler contractor engaged in the installation, repair, or modification of residential fire sprinkler systems that are in accordance with NFPA 13D shall possess a class IId fire sprinkler contractor license. To obtain a class IId fire sprinkler contractor license, a person shall: Possess a Maryland master plumber license and comply with all applicable provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout. Class IIIa Fire Sprinkler Contractor License. A fire sprinkler contractor engaged in the installation, repair, or modification of commercial and residential fire sprinkler systems that are in accordance with NFPA 13, 13D, or 13R shall possess a class IIIa fire sprinkler contractor license. To obtain a class IIIa fire sprinkler contractor license, a person shall: Have not less than 5 years experience in the installation, repair or modification of commercial and residential fire sprinkler systems as determined by the State Fire Marshal; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout. For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland. Class IIIb Fire Sprinkler Contractor License. A fire sprinkler contractor engaged in the layout of commercial or residential fire sprinkler systems that are in accordance with NFPA 13, 13D, or 13R shall possess a class IIIb fire sprinkler contractor license. To obtain a class IIIb fire sprinkler contractor license, a person shall: Have not less than 5 years experience in the layout of commercial and residential fire sprinkler systems as determined by the State Fire Marshal; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level III or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout. Class IIIc Fire Sprinkler Contractor License. A fire sprinkler contractor engaged in the installation, repair, modification, and layout of commercial or residential fire sprinkler systems that are in accordance with NFPA 13, 13D, or 13R shall possess a class IIIc fire sprinkler contractor license. To obtain a class IIIc fire sprinkler contractor license, a person shall: Have not less than 5 years experience in the installation, repair, modification and layout of commercial and residential fire sprinkler systems as determined by the State Fire Marshal; and Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level III or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout. For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland. A person may not be permitted to serve as a designated qualified individual for more than three licensed fire sprinkler contractors. Additional Authorized Work. A fire sprinkler contractor in possession of a class IIIa fire sprinkler contractor license may engage in any fire sprinkler system work covered by a class IIa or class IId fire sprinkler contractor license. A fire sprinkler contractor in possession of a class IIIb fire sprinkler contractor license may engage in any fire sprinkler system work covered by a class IIb fire sprinkler contractor license. A fire sprinkler contractor in possession of a class IIIc fire sprinkler contractor license may engage in any fire sprinkler system work covered by all other classes of fire sprinkler contractor licenses except class I. A fire sprinkler contractor in possession of a class IIa fire sprinkler contractor license may engage in any fire sprinkler system work covered by a class IId fire sprinkler contractor license only on residential sprinkler systems that are in accordance with NFPA 13D or NFPA 13R. A fire sprinkler contractor in possession of a class IIc fire sprinkler contractor license may engage in fire sprinkler system work covered by a class IIa, class IIb, or class IId fire sprinkler contractor license only on residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R. Fire Sprinkler System Layout. Layout of plans and preparation for automatic fire sprinkler systems shall be prepared under the supervision of one of the following: The designated qualified individual employed by a fire sprinkler contractor who meets the qualification listed for the appropriate license classification under §D, E, H, or I of this regulation; or A Maryland registered professional engineer, knowledgeable in areas about fire sprinkler systems. Plans shall be marked with the fire sprinkler contractor license number and one of the following: The designated qualified individual's original signature, NICET level, certification number, and expiration date; or The original signature and seal of a professional engineer who is registered in Maryland. Plans submitted utilizing an electronic format shall be marked with the fire sprinkler contractor license number and one of the following: The designated qualified individual's digital signature, NICET level, certification number and expiration date; or The digital signature and seal of a professional engineer who is registered in Maryland. Notification Requirements. Within 14 days of any change of address, the fire sprinkler contractor shall: Notify the Office of the State Fire Marshal in writing of the change; Return the license certificate requiring the revision; and Submit the fee as specified in §Q of this regulation for a revised license certificate. Within 5 business days from the termination of a designated qualified individual, the fire sprinkler contractor shall notify the Office of the State Fire Marshal in writing of the termination. Within 30 days of termination of the designated qualified individual, or prior to the expiration of a current license, whichever occurs first, the fire sprinkler contractor shall submit a new application to the Office of the State Fire Marshal identifying the new designated qualified individual as defined in Regulation .03 of this chapter. Within 14 days of any change to information submitted on the license application, the fire sprinkler contractor shall notify the Office of the State Fire Marshal in writing of the change. License Expiration. All fire sprinkler contractor licenses expire 2 years after the date issued. Liability Insurance Requirements. To hold any class fire sprinkler contractor license, a person shall maintain continuous comprehensive general liability insurance coverage and provide proof of this coverage in the form of a certificate of insurance with a 30-day cancellation notification provision. The Office of the State Fire Marshal shall be named as the certificate holder. Coverage under this subsection shall include: A minimum of $1,000,000 combined single limit bodily injury or death and property damage liability insurance; and Products and completed operations insurance. Failure to maintain the required coverage is considered sufficient grounds for suspension or revocation of the license. Application. An application for an initial fire sprinkler contractor license shall be made to the State Fire Marshal on a form designated by the State Fire Marshal. An application for renewal of a fire sprinkler contractor license shall be submitted to the Office of the State Fire Marshal at least 30 days before the expiration date of the license on a form designated by the State Fire Marshal. The application shall be signed by the sole proprietor, by each partner of the partnership, or by an officer of the corporation or organization. Proof of the required insurance coverage, in the form of a certificate of insurance with a 30-day cancellation notification provision shall be submitted with the application. The Office of the State Fire Marshal shall be named as the certificate holder. Proof of current NICET qualification or professional engineer registration status shall be submitted with the application. The appropriate nonrefundable fee as specified in §Q of this regulation shall be submitted with the application. Fees. A nonrefundable fee set by the State Fire Prevention Commission shall be paid to the Office of the State Fire Marshal to obtain or renew a fire sprinkler contractor license or for services as follows: Initial application — $300; Renewal application — $200; and Duplicate or revised license certificate — $25. A fire sprinkler contractor who does not submit a renewal application on or prior to the expiration date of the license shall pay a late fee of $300 in addition to the license renewal fee. The State Fire Marshal shall collect the fees, keep all records of fees paid, and pay all fees collected to the General Fund of the State. 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: Willfully makes any false statement or misrepresentation in an initial or renewal license application; Assists a person in fraudulently or deceptively obtaining, or attempting to obtain, a license; Fails to satisfy or maintain any of the requirements set forth in Regulation .04 of this chapter; While unlicensed, performs fire sprinkler work that requires a license under this chapter; Signs or affixes the licensee's seal to any plan, print, specification, or report that has not been prepared by the licensee, either personally or under the licensee's immediate supervision; Violates COMAR 29.06.01 or any other regulation adopted by the State Fire Prevention Commission (by the fire sprinkler contractor or any employee of the fire sprinkler contractor); or Is convicted of any felony or misdemeanor violation of the State Fire Code or the fire code of any other state or the District of Columbia (by the fire sprinkler contractor or applicant, or any employee of the fire sprinkler contractor or applicant). 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: The nature of the crime; The relationship of the crime to the activities authorized by the license; The relevance of the conviction to the fitness and qualification of the applicant or licensee to perform work authorized by the license; Any other crimes of which the applicant or licensee has been convicted; The length of time since the conviction; and The conduct of the applicant or licensee before and after the conviction. 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: The basis for the contemplated action; and That the applicant or fire sprinkler contractor may request a hearing before the State Fire Prevention Commission by mailing or delivering a written request to the Commission within 20 days of the date of the written notice. 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: Written notice of the suspension, the finding, and the reasons that support the finding; and An opportunity for a hearing before the State Fire Marshal. A person aggrieved by a final decision of the State Fire Prevention Commission is entitled to judicial review, as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. 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. Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland Effective date: January 1, 2000 (26:25 Md. R. 1899) Chapter revised effective May 12, 2003 (30:9 Md. R. 615) Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463) Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847) Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392) Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463) Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392) Effective date: November 15, 1999 (26:23 Md. R. 1778) Chapter repealed effective January 1, 2010 (36:25 Md. R. 1956) This chapter establishes minimum requirements for the wholesale, retail sale, and distribution of ground-based sparkling devices. 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. “Class C mercantile occupancy” means a mercantile occupancy of not more than 3,000 square feet gross area used for sales purposes on one story only, excluding mezzanines. “Ground-based sparkling device” means a device that is: Nonaerial; Nonexplosive; Labeled in accordance with the requirements of the U.S. Consumer Products Safety Commission; and Considered consumer fireworks as defined in NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01. “Open-air mercantile operation” means an operation conducted outside of all structures, with the operations area devoid of all walls and roofs except for small, individual, weather canopies. “Prepackaged ground-based sparkling device merchandise” means ground-based sparkling device items or groups of ground-based sparkling device items that have been packaged by the manufacturer or distributor before they are offered for sale to the consumer. 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: Permanent buildings or structures constructed in accordance with the codes enforced by the authority having jurisdiction; Tents, canopies, or temporary membrane structures comply with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01; Temporary structures measuring 800 square feet or less, constructed in accordance with this chapter; and Temporary ground-based sparkling device sales or distribution stands greater than 800 square feet in area which meet the requirements for a permanent structure. All storage of ground-based sparkling devices: Shall be secured to prevent unauthorized access by the public; May not be located in direct sunlight; and May not exceed 5 percent of the basement floor area if located in a basement. 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: 200 pounds pyrotechnic composition; or If the pyrotechnic composition weight is not known, 800 pounds gross weight. 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. Portable fire extinguishers shall be installed as required for extra-hazard occupancy protection and shall comply with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01. 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: Be in writing; Be maintained current; and Be posted in a conspicuous location that is accessible to the public as well as to persons employed or otherwise working in the facility. Exit openings from tents shall have a clear opening width of at least 44 inches. Electrical wiring shall be in accordance with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01. Temporary heating units shall be listed by a testing laboratory approved by the Office of the State Fire Marshal and used in accordance with their listing. 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: Exceed 5 gallons; or Be stored less than 20 feet from the exterior of a sales or distribution facility. Flammable gas generator fuel may not: Exceed 20 pounds; or Be stored less than 20 feet from the exterior of a sales or distribution facility. At least one individual 18 years old or older shall be: Present at all times in sales and distribution facilities during the hours of sale and distribution to the public; and Responsible for supervision of the facility and its operation. 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: Each entrance of the sales or distribution facility or in the vicinity of the ground-based sparkling device sales or distribution display; and The point of sale or distribution. 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. 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, imprisonment for not more than 10 days, or both, as set forth in Public Safety Article, §6-601, Annotated Code of Maryland. Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland Effective date: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003 Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209) Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436) Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533) Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)