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Smoke Alarms
General Requirements
Maryland state law requires that each sleeping area in a residential dwelling have an automatic smoke alarm. This requirement applies to 1 and 2 family homes, apartment buildings, dormitories, and hotels.
A smoke alarm must meet the following four requirements:
- be installed in accordance with the National Fire Alarm and Signaling Code;
- be listed and labeled by a nationally recognized testing laboratory to comply with Underwriters Laboratories (UL) 217, “Standard for safety for single and multiple station smoke alarms”;
- be able to sense visible or invisible particles of combustion; and,
- be able to sound an alarm that will warn people in the sleeping area
As discussed in greater detail below, there are stricter requirements for recently constructed buildings.
Read the Law: Md. Code, Public Safety § 9-102
Requirements Based on Date of Building Construction
In addition to meeting the general requirements, the smoke alarm requirements for existing homes are based on when the home was constructed. The newer the building, the stricter the requirements. The requirements listed below apply to residential buildings like homes, apartments, and condominiums.
1 and 2 family homes built before July 1, 1975
- At least one smoke alarm shall be installed in each level of a residential building including basements. Unoccupied attics, garages, and crawl spaces are excluded.
- Smoke alarms shall be battery powered or alternating current (AC) primary electric powered units.
- NOTE: if a battery powered smoke alarm is installed, only sealed, tamper resistant units incorporating a silence/hush button and using long-life batteries may be used.
1 and 2 family homes built between July 1, 1975, and June 30, 1990
- At least one smoke alarm shall be installed in each level of a residential building including basements. Unoccupied attics, garages, and crawl spaces are excluded.
- Smoke alarms shall be alternating current (AC) primary electric powered units with battery backup.
Homes built on or after January 1, 1989
- At least one smoke alarm shall be installed in each level of a residential building including basements. Unoccupied attics, garages, and crawl spaces are excluded.
- Smoke alarms shall be alternating current (AC) primary powered units with battery backup.
- If 2 or more smoke alarms are required within a residential unit, the smoke alarms shall be arranged so that activation of any one smoke alarm causes alarm activation of all required smoke alarms within the unit.
Homes built on or after July 1, 1990
- At least 1 smoke alarm shall be installed in each level of a residential building including basements. Unoccupied attics, garages, and crawl spaces are excluded.
- Smoke alarms shall be alternating current (AC) primary electric powered units with battery backup.
Homes built on or after July 1, 2013.
- At least 1 smoke alarm shall be installed in:
- each sleeping room,
- in the hallway or common area outside of sleeping rooms, and
- in the hallway or common area on each level within a residential dwelling unit, including basements and excluding unoccupied attics, garages, and crawl spaces.
- If 2 or more smoke alarms are required within a residential unit, the smoke alarms shall be arranged so that activation of any one smoke alarm causes alarm activation of all other required smoke alarms within the residential unit.
- Each smoke alarm shall operate on an alternating current (AC) primary source of electric power with a battery backup or an approved alternate secondary power source.
Read the Law: Md. Code, Public Safety § 9-103. § 9-104
High-rise residential buildings
After July 31, 2025, high-rise buildings (7+ stories) must have smoke detectors installed in each interior public corridor. Smoke alarms must be installed in accordance with location and spacing requirements established by the National Fire Protection.
Read the Law: Md. Code, Public Safety § 9-102
Maintenance
When a smoke alarm should be replaced:
- 10 years after the manufacture date
- if the smoke alarm no longer works
- 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
Read the Law: Md. Code, Public Safety § 9-104
When replacing smoke alarms there are some important things to keep in mind:
- When replacing a battery only smoke alarm, the new alarm must have a sealed 10 year battery and a silent/hush feature.
- Never replace an AC powered smoke alarm with a battery-only alarm.
Landlord and Tenant Responsibilities
Landlord Responsibilities
- The landlord (or property owner) is responsible for proper installation of smoke alarms.
- The landlord is responsible for repairing or replacing a tenant’s defective smoke alarm.
- The landlord must acknowledge a tenant’s written notice of a defective smoke alarm in writing and repair or replace the smoke alarm withing 5 days of receiving the notice.
Tenant Responsibilities
- A tenant is responsible for testing the smoke alarms.
- If a smoke alarm needs to be repaired or replaced, the tenant must -notify the landlord in writing.
- A tenant may not remove or tamper with a smoke alarm.
Read the Law: Md. Code, Public Safety § 9-106
Deaf or Hearing-Impaired Tenant
A tenant who is deaf, deafblind, or hard of hearing can request from the landlord an approved notification appliance. The request should be made in writing. A landlord who gets a written request must provide an appropriate smoke alarm notification appliance.
A landlord cannot require the tenant to reimburse the landlord for the cost to purchase or install the smoke alarm notification appliance. A landlord can also not require the tenant to provide documentation or other evidence with a written request for an appropriate smoke alarm.
Read the Law: Md. Code, Public Safety § 9-105
Fire Official Investigation
If a fire official investigates a fire and finds that the required smoke alarms were not installed, he or she will issue an order requiring the responsible landlord, owner, or occupant to install fire alarms. The alarm(s) must be installed within 5 days.
Read the Law: Md. Code, Public Safety § 9-108
Penalties
A person who is convicted of knowingly violating the laws or regulations regarding smoke alarms is guilty of a misdemeanor and may be fined up to $1,000, imprisoned up to 10 days, or both.
Read the Law: Md. Code, Public Safety § 9-109
Exceptions
The State Fire Marshal or local fire marshal may grant certain exceptions from state or local fire and building codes. No exception may be granted to the smoke alarm requirements required by State law.
Read the Law: Md. Code, Public Safety § 9-205
Fire Safety for Mobility Impaired Individuals
The owner of a residential high-rise building must provide a written notice to all tenants to inform any who are mobility-impaired of their right to request a rental unit on the first 5 floors of the building, if one should become available. The owner must send the notice to residents annually.
Read the Law: Md. Code, Public Safety § 9-405
Sprinkler Systems
Required in New Construction
Installation of automatic sprinkler systems is required in:
- newly constructed dormitories, hotels, rooming houses, and multi-family dwellings for which the initial building permit was issued after July 1, 1990.
- newly constructed townhouses for which the initial building permit was issued after July 1, 1992.
NOTE: In jurisdictions in which building permits are not issued, the above dates apply to the date on which construction begins.
The State Fire Marshal or appropriate local authority must approve the sprinkler system, and the system must be installed in accordance with prescribed national, local, and state standards. However, these requirements do not apply to dwelling units that are not served by a public water supply system.
Read the Law: Md. Code, Public Safety § 9-204
Exceptions
The State Fire Marshal or the appropriate local authority may grant certain exceptions, including exceptions from these sprinkler system requirements, if there is clear evidence that the exception will not adversely affect the fire safety of the building or its occupants.
Read the Law: Md. Code, Public Safety § 9-205
Penalties
Any person who knowingly violates these requirements is guilty of a misdemeanor and may be fined up to $1,000, imprisoned for up to 10 days, or both.
Read the Law: Md. Code, Public Safety § 9-206
Notification Requirement
The owner of a residential high-rise building that is not protected by an automatic sprinkler system must post a notice in the building stating that the building is not protected by an automatic sprinkler system. Notice must be posted at all main building entrances.
Beginning January 1, 2025, owners of residential high-rise buildings that are not protected by a complete automatic sprinkler system must include a notice indicating such in each lease agreement.
A "high-rise building" means an apartment building of 7+ stories or over 75 feet in height.
Read the Law: Md. Code, Public Safety § 9-102 and 403
Local Laws
Many counties and cities have local laws that may have more restrictions on smoke alarms and sprinkler systems. To read the laws in your local jurisdiction, visit the Maryland Thurgood Marshall State Law Library website for county and municipal laws.