Working For Justice In Housing

SMOKE DETECTORS 

Smoke is deadly.  More people die from a fire’s smoke than the fire itself.  Therefore Maryland requires that each sleeping area in a residential occupancy be provided with at least one approved smoke detector installed in a manner and location approved by the Maryland Fire Prevention Commission. 

Dwellings built after January 1,1989 and which have AC (alternating current) service must have at least one smoke detector on each level including the basement, but not the attic.  If there is more than one smoke detector, if one is activated, it must activate the other(s).  Dwellings built after July 1, 1990 and which have AC must have interactive smoke detectors that operate off the electrical system, but which also have a battery as back-up. 

In a one, two or three family dwelling unit built before July 1, 1975, the tenant of each unit must provide and maintain at least one approved battery or a/c primary electric power smoke detector. 

In all other rental occupancies, the landlord is responsible for installing the smoke detector, and upon notice in person or upon written notice by certified mail from the tenant, the landlord is responsible for repair or replacement of the detector.  If the tenant personally notifies the landlord of a mechanical failure, the landlord must acknowledge this by written receipt.  The tenant may not remove a smoke detector or make it inoperative. 

A deaf or hearing impaired tenant may make a written request to a landlord under which the landlord is required to provide a smoke detector which can emit a light signal that is approved by a nationally recognized testing laboratory for electrical appliances, and is sufficient to warn the deaf or hearing-impaired person. 

Every manufacturer whose smoke detectors are sold in Maryland must get product approval from the State Fire Marshall.                                                                       

Where approved by the Fire Prevention Commission, an approved automatic sprinkler system may be installed in place of a smoke detector system. 

A person who knowingly violates this law may be fined up to $1,000 or be imprisoned up to ten days or both. 

Local counties may have additional laws covering smoke detectors.  For example, Baltimore County requires that owners ( and not the tenants) of any building containing one, two, or three residential units must have at least one direct-wired electrically operated smoke detector in each unit.  In buildings constructed before 1976 the owner must provide battery powered back-up systems.  Every three years, the owner must submit to the County written verification by a licensed electrician or the county Fire Department that the required smoke detectors have been properly installed and are operating. 

For additional information on smoke detectors and fire safety, call the office of the State Fire Marshall 410-764-4324 (long distance 1-800-525-3124). 

Legally Reviewed - BNI. Last Update - March 2001

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