(a) Posting. Hotels, motels, apartment houses, lodging houses and all other residential occupancies except one- and two-family dwellings, shall have a printed copy of fire safety instructions permanently and conspicuously posted in each occupancy unit and at such other locations as required by the Director. The text and posting location shall be subject to the approval of the Director.
(b) Fire plans. The person responsible for fire safety in all buildings more than seventy-five (75) feet in height, buildings serving as housing for senior citizens, building housing institutional or educational occupancies, or such other buildings as may be required by the Director, shall prepare a written plan which details adequate procedures for occupants in case of fire. The plan shall be submitted to the Director for approval. After approval the plan shall be distributed to appropriate occupants of the building.
(c) Emergency safety plan for multifamily rental building – required.
(1) Definitions. For purposes of this Section:
Department means the Department of Permitting Services.
Director means the Director of the Department or the Director’s designee.
Emergency safety plan means a plan approved by the Department in accordance with this Section.
(2) Emergency safety plan - requirements.
(A) Each landlord of a multifamily dwelling must submit a proposed emergency safety plan on a form prescribed by the Director for review and approval by the Department.
(B) Lease requirement. After the Department approves an emergency safety plan, the landlord must include the plan in each lease agreement as required under Section 29-27 and must operate in accordance with the approved plan.
(C) Frequency of plan. An emergency safety plan expires every three years. A landlord is required to update its plan and obtain a new approval from the Department to remain in compliance with this Section.
(D) Scope and contents of the plan. The emergency safety plan must, at a minimum, include:
i. an evacuation map;
ii. the location of fire extinguishers;
iii. the type of fire alarm system installed;
iv. a point of contact or the type of communication that will be used by the landlord during and after the emergency;
v. details regarding alternate housing when a tenant is displaced due to the building emergency; and
vi. any other standards prescribed by the Director established by executive regulations.
(E) Availability of plan. A landlord must make available the emergency safety plan to the County Fire & Rescue Department, or any other emergency response personnel, upon request.
(3) Established. The Department is authorized to review each emergency safety plan submitted by a landlord of a multifamily rental building in accordance with this Section.
(4) Plan review. Upon receipt of a plan, the Department may coordinate with other relevant departments to evaluate the adequacy of a plan. The Department must recommend approval or denial of the submitted emergency safety plan. A decision whether to approve or deny a safety plan under this Section must be based on the requirements developed under subsection (b) and executive regulations.
(5) Reconsideration of plan after denial.
(A) Within 30 days after the Director issues a denial, a landlord may file a request for reconsideration of an emergency safety plan.
(B) An alternative safety measure may be approved and implemented if the Director determines that such measures may provide equivalent or acceptable safety for a multifamily building.
(6) Emergency plan guidance for landlords. The Department, in coordination with Department of Housing and Community Affairs, and the County’s Office of Emergency Management and Homeland Security, and any other relevant departments, must develop and make publicly available for landlords best practices for establishing an emergency safety plan.
(7) Regulations. The Executive must adopt Method (2) regulations to implement the requirements of this Section. The regulations must include procedures for a landlord to submit and for the Director to consider, review, and reconsider a proposed emergency safety plan by a landlord.
(8) Increase calls for service – plan addendum required. If the Director receives a notification by Montgomery County Fire and Rescue Services (MCFRS) of a multifamily property that has 10 or more calls for service for a fire-related emergency within a 12-month period, the Director may require the property owner to submit an addendum to the emergency safety plan under paragraph (2) of subsection (c).
(9) The plan addendum, under paragraph (8), must be submitted by the property owner and provide a step-by-step implementation process to reduce fire-related calls for service. The Director may, in consultation with MCFRS, require certain action steps included in the plan addendum.
(10) Time for submission. The property owner must submit the plan addendum within 60 days, after notification by the Director under paragraph (8). The Director must review the amended plan within 30 days of receipt from the property owner and decide whether to approve or disapprove the plan. An amended plan approved by the Director must be implemented by the property owner within 90 days after receipt of approval.
(11) Reconsideration of plan addendum. If the plan addendum is not approved, the Director must provide an explanation of why the plan was not approved and include alternative measures for the property owner.
(12) A plan addendum may include, at minimum:
(A) efforts to hire security guards or additional building personnel;
(B) repair or replace faulty alarm systems;
(C) facilitate opportunities for the County to provide outreach and educational resources to residents regarding fire safety;
(D) contract with a vendor to provide outreach and educational resources to residents regarding fire safety and prevention of false alarms; or
(E) other fire alarm reduction strategies as determined by the Director, in consultation with MCFRS. (1975 L.M.C., ch. 23, § 1; 2024 L.M.C., ch. 10, § 1.)
Editor’s note—2024 L.M.C., ch. 10
, § 2, states: Sec. 2. Transition. The requirements for an emergency safety plan under subsection (z) of Section 29-27, paragraph (13) of Section 29-30, and Section 22-74, added under Section 1 of this Act, must not be enforced, or take effect until Method (2) regulations under Section 22-74 are approved by the County Council.