Montgomery County’s Existing High-Rise Building Sprinkler Program Maryland 2023
Date: September 21, 2023
By:
Miles D. Moore
Although the mandate is currently limited to high rise buildings in Montgomery County, the Maryland General Assembly is currently reviewing a Bill concerning fire protection and prevention with similar requirements for certain high-rise buildings to be fully sprinkled by January 1, 2033. The Bill proposes, amongst other things, requiring the installation of smoke alarms in public corridors that are accessible by units in high rise buildings, prohibiting landlords from requiring a tenant to reimburse a landlord for the cost of installing certain smoke alarms, as well as prohibiting landlords from requiring deaf or hard of hearing tenants to pay for the costs of a notification appliance.
Generally, a high rise includes buildings seven stories or more. However, any building that has an occupiable level that is 75 feet or more above the lowest level the fire department may access is considered a high-rise building. Any existing residential high-rise, whether an apartment or condominium, that does not have automatic sprinkler systems in both common and living areas, is subject to the state mandate. Although compliance with the mandate is required by January 2033, buildings will be considered in violation of the fire code until the required work is completed.
The State Fire Prevention and Task Group and the Montgomery County Department of Permitting Services (DPS) has developed the following four options to assist building owners in complying with the State Mandate:
- Option 1 – Building a Fire Suppression System – The installation of a DPS approved automatic sprinkler system throughout the building.
- Option 2 – Compliance with all applicable requirements of Chapter 31 of NFPA 101 –A building must be completely sprinkled unless (1) every dwelling unit has exterior exit access, or (2) an approved engineered life safety system is provided.
- Option 3 – Compliance with DPS’ alternative Systems and building performance requirements:
- Option 4 – Installation of all the requirements in Option 3, except items #2 and #10, with the additional requirement of smokeproof enclosures and a fire service elevator with an approved standby power system.
DPS’ compliance options refer to the 2018 edition of NFPA 101. However, applicants must comply with any amendments that supersede the 2018 edition when they are ratified. Although the 2021 edition of NFPA 101 has not been implemented by the State, Associations should be aware of changes within the guidelines as compliance will be required once the new edition is formally adopted.
Building owners or their designee(s) must consult with a design professional, licensed architect or professional engineer to select an appropriate option for their building. Once an option has been selected, building owners may enter into a Life Safety Agreement (LSA), otherwise known as a Fire Protection Agreement. This multi-year contract allows building owners to phase into the program over a period of more than a year due to financial concerns, to accommodate residents, or to coordinate with other processes. Once the LSA is finalized, the building will be deemed in compliance. However, a failure to comply with the agreement’s outlined deadlines will result in the immediate suspension of the use and occupancy of the building. Buildings with upcoming renovations will need to consider these options and the various requirements when planning any future projects. The Department of Commercial Construction will need to review and approve any fire protection system, as well as any modifications prior to the commencement of the work.
While the County’s new mandate may cause Montgomery County building owners and Community Associations financial stress, owners and Associations that fully equip their high rises with sprinklers may see relief in insurance premiums as a result of their investment. When considering insurance renewals, insurance companies often look not only at loss history, but whether buildings are financially sound, well managed and well maintained. As automatic sprinkler systems make property damage and injuries caused by fires preventable to a large extent, buildings that comply with the County’s requirements may be able to negotiate insurance quotes as they may qualify for more insurance carrier guidelines. However, those that fail to comply may experience a challenging insurance renewal or premium increase.
It is the responsibility of building owners to comply with the building and fire codes adopted by Montgomery County. Building owners or associations interested in starting the LSA process should complete the DPS registration form. Those with any questions about the mandate should consult with their Whiteford attorney about the requirements and how to best bring their buildings into compliance.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.