Maryland's Law: Approved Smoke Alarms For Your Home

Maryland's Smoke Alarm Law, which came into effect on January 1, 2018, outlines specific requirements for smoke alarms in residential properties. The law applies to a range of dwellings, including one and two-family homes, apartment buildings, dormitories, and hotels. To ensure compliance and enhance fire safety, it is important for residents and property owners to understand the specific smoke alarm requirements mandated by Maryland law.

Landlord and tenant responsibilities

In Maryland, both landlords and tenants have specific responsibilities when it comes to smoke alarms in rental properties, as outlined by state laws and regulations. These regulations are in place to ensure the safety of occupants and to reduce the risk of fire-related injuries and deaths. Here is an overview of the responsibilities of both parties:

Landlord Responsibilities:

• Installation and Maintenance: Landlords are responsible for installing and maintaining smoke alarms in their rental properties. This includes ensuring that smoke alarms are installed in the correct locations, such as outside each sleeping area and on every level of the dwelling unit. Landlords must also ensure that smoke alarms are operable at the beginning of each new tenancy.
• Battery Replacement: Landlords are typically responsible for replacing batteries in smoke alarms. This ensures that the devices are always in working condition. However, in some cases, the tenant may be responsible for battery replacement, especially if it is stated in the lease agreement.
• Regular Testing: Landlords should test smoke alarms regularly to ensure they are functioning properly. It is recommended to test the alarms at least once a month and replace any batteries as necessary. Landlords must also ensure that tenants are provided with instructions on how to test and maintain the smoke alarms.
• Providing Instructions: Upon occupancy, landlords must provide tenants with written information regarding the operation and testing of the smoke alarms. This includes instructions on how to replace batteries and the procedure to follow in case of a malfunction.

Tenant Responsibilities:

• Notification of Issues: Tenants are responsible for notifying the landlord promptly if they discover that a smoke alarm is not functioning properly. This includes situations where the alarm is chirping, indicating a low battery, or if the alarm fails to sound during a test. Tenants should also inform the landlord if any damage or tampering with the smoke alarm occurs.
• Proper Use: Tenants should use the smoke alarms as intended and not tamper with or disable them. This includes refraining from removing batteries or disconnecting the alarms. Tenants should also ensure that they do not engage in activities that could trigger false alarms, such as burning toast or smoking near the alarms.
• Regular Testing: While landlords are responsible for regular testing, tenants should also test the smoke alarms periodically. Tenants can test the alarms by pressing the test button and ensuring the alarm sounds. If a tenant identifies any issues, they should immediately notify the landlord.
• Battery Replacement: In some cases, the lease agreement may stipulate that tenants are responsible for replacing batteries in smoke alarms. If this is the case, tenants should ensure they replace batteries as needed and use the correct battery type. Tenants should also inform the landlord once the battery has been replaced.

Both landlords and tenants play a crucial role in ensuring the proper functioning of smoke alarms. By fulfilling their respective responsibilities, they can help maintain a safe living environment and comply with Maryland laws and regulations regarding smoke alarm requirements. It is important for both parties to communicate openly and collaborate to address any issues related to smoke alarms promptly and effectively.

Requirements for deaf or hearing-impaired tenants

Tenants who are deaf, deafblind, or hard of hearing have the right to request a smoke alarm that provides a signal to warn them in the event of a fire. This request must be made to the landlord in writing, and the landlord is then responsible for providing an appropriate smoke alarm. The landlord cannot require the tenant to reimburse them for the cost of the alarm or its installation, nor can they ask for documentation to support the request.

The new Maryland Smoke Alarm Law, which came into effect on January 1, 2018, requires all residents to have 10-year lithium battery tamper-resistant smoke alarms with a silence/hush feature on every level of their home, including basements. This law applies to all homes, regardless of when they were built, and is designed to reduce fire-related injuries and deaths.

The placement of smoke alarms is also important. They should be installed on every level of the home, including the basement, and inside every bedroom. To reduce the risk of nuisance alarms, smoke alarms should be placed at least 20 feet away from combustion appliances like furnaces and stoves, and at least 10 feet away from humidity-prone areas like bathrooms and laundry rooms.

It is the landlord's responsibility to install, repair, maintain, and replace smoke alarms, while tenants are responsible for testing the alarms and notifying the landlord of any problems. If a landlord fails to install, repair, or replace a smoke alarm, tenants can call 3-1-1 to schedule an alarm installation and then contact the Office of the Fire Marshal to report the landlord's non-compliance.

Tenants should notify their landlord in writing of any issues with their smoke alarms. This notification can be delivered by certified mail or hand-delivered to the landlord or their agent, and the landlord must provide a written acknowledgment and take action within five calendar days.

It is important to note that tenants are not permitted to remove or tamper with smoke alarms.

When to replace smoke alarms

In Maryland, it is recommended that you replace your smoke alarms every 10 years. Any smoke alarm over 10 years old is unsafe and unreliable. Smoke alarms should be replaced:

• 10 years after the manufacture date
• If the smoke alarm is no longer working
• When there is a new tenant and the smoke alarms have not been upgraded within the last 10 years
• When a building permit is issued for an addition or a renovation
• If the existing smoke alarms exceed 10 years from the date of manufacture
• If the existing smoke alarms fail to respond to operability tests or otherwise malfunction
• If there is a change of tenant in a residential unit and the residential unit has not been equipped with sealed long-life battery smoke alarms with silence/hush button features within the 10 years preceding the change of tenant
• If a building permit is issued for an additional residential unit or alteration to a residential unit

When replacing a battery-only smoke alarm, the new alarm must have a sealed 10-year battery and a silent/hush feature. You cannot replace an AC-powered smoke alarm with a battery-only alarm.

Requirements for different building ages

On January 1, 2018, a new Maryland Smoke Alarm Law took effect, changing the requirements for residential smoke alarms. The law applies to all residents of Maryland and is designed to reduce fire-related injuries and deaths. Here are the requirements for different building ages:

Homes constructed before July 1, 1975:

Under the old law, homes built before July 1, 1975, were required to have a smoke alarm outside each sleeping area. This smoke alarm could be battery-operated or hardwired. With the new law in place, battery-operated smoke alarms need to be replaced or upgraded with new, sealed, long-life smoke alarms equipped with a hush feature. The hush feature allows for the silencing of accidental alarms for up to 10 minutes.

Homes constructed between July 1, 1975, and June 30, 1990:

For homes constructed during this period, an AC-powered smoke alarm was required in each sleeping area. The requirement for these AC-powered smoke alarms to have a battery backup became effective on July 1, 1990. Smoke alarms installed during this time frame should be replaced every 10 years.

Homes constructed after January 1, 1989:

Any new home in Maryland constructed after this date must have at least one hard-wired, AC-powered smoke alarm on every level, including the basement. These smoke alarms must be interconnected so that if one alarm is activated, all the alarms will sound. The requirement for AC-powered smoke alarms to have a battery backup became effective on July 1, 1990.

Homes constructed after July 1, 1990:

All smoke alarms in these homes must be AC-powered and have a battery.

Homes constructed after July 1, 2013:

In addition to the requirements for homes built after 1990, these homes must have a smoke alarm installed in every hallway or common area outside a bedroom. The alarms must be interconnected, running on AC power with a battery backup.

It is important to note that the requirements for smoke alarms are stricter for more recently constructed buildings. The placement of smoke alarms is also important, with recommendations to install them on every level of the home, including the basement, and at least 20 feet away from combustion appliances and 10 feet away from humidity-prone areas.

Penalties for non-compliance

Maryland's Smoke Alarm Law, which came into effect on January 1, 2018, mandates that all residents have 10-year lithium battery-powered, tamper-resistant smoke alarms with a silence/hush feature on every level of their home, including the basement. This law is designed to reduce fire-related injuries and fatalities, and non-compliance can result in serious consequences.

The law applies to landlords and property owners, who are responsible for the installation, repair, maintenance, and replacement of smoke alarms. Tenants, on the other hand, are responsible for testing smoke alarms and notifying landlords of any issues. If a landlord fails to install, repair, or replace smoke alarms as required, tenants can contact their local fire department and the Office of the Fire Marshal to report the issue and request corrective action.

Failure to comply with the smoke alarm law can result in fines, imprisonment, or both. According to Maryland law, a person who is convicted of knowingly violating the smoke alarm laws or regulations is guilty of a misdemeanour and may face legal consequences. The specific penalties include a fine of up to $1,000, imprisonment for up to 10 days, or a combination of both. These penalties underscore the importance of adhering to the smoke alarm requirements and taking fire safety seriously.

It is important to note that the penalties for non-compliance with the smoke alarm law are intended to enforce life-saving measures. By ensuring that smoke alarms are installed, functioning properly, and meet the specified requirements, residents can significantly reduce the risk of fire-related incidents and keep their homes and communities safe. The law also highlights the responsibility of landlords and property owners to maintain safe living environments for their tenants.

In addition to the legal consequences, non-compliance with the smoke alarm law can have other indirect implications. For example, insurance companies may deny claims or void policies if it is found that a property owner or landlord was negligent in maintaining proper fire safety measures, including non-compliance with smoke alarm requirements. This can result in significant financial losses for property owners in the event of a fire. Therefore, it is in the best interest of both residents and property owners to comply with the smoke alarm law and maintain proper fire safety protocols.

Frequently asked questions