Montgomery County Now Requires Emergency Safety Plans as Part of the Fire Code Compliance Permit for Multifamily Rental Properties – Mocofeed

A new regulation approved by the Montgomery County Council today requires multifamily rental building operators to develop and submit an Emergency Safety Plan (ESP) as part of their annual Fire Code Compliance (FCC) permit process. Under Executive Regulation (ER) 21-25, “Emergency Safety Plans for Multifamily Apartment Buildings,” the County Department of Permitting Services (DPS) will review and approve each plan to help strengthen building safety and emergency preparedness.  

All commercial buildings and tenant spaces are required by Montgomery County law to have an FCC permit to ensure adherence to safety standards.   

This new ESP requirement for multifamily buildings is an outgrowth of Bill 7-24, Landlord-Tenant Relations-Tenant Protection and Notification, which requires landlords to provide residents with crucial information on fire safety, insurance, and building maintenance. Multifamily is defined as any building with three or more dwelling units. This new section of the County Fire Code is contained in ER 21-25. 

“It is crucial that landlords keep their tenants informed of any emergency situations, including fires, flooding, power outages, severe weather, and water outages,” said County Executive Marc Elrich. “Building managers must clearly and quickly communicate this information to their tenants to ensure they are aware of the issue and know what to do to be prepared and to stay safe.” 

The County Department of Housing and Community Affairs, Montgomery County Fire and Rescue Service, the County Office of Emergency Management and Homeland Security, and DPS worked together to develop a “Best Practices Guide” to help landlords and property managers create an ESP. The guide is posted on the DPS website. 

“Improving communication during emergencies is crucial to safeguard community safety and wellbeing,” County Council President Natali Fani-González said. “These regulations will strengthen tenant protections by enhancing communication and emergency safety planning in multifamily rental buildings. I extend my appreciation to Councilmember Kate Stewart, the Díaz family, and tenant advocates for turning personal tragedy into advocacy to change local and state laws to increase fire safety.” 

Councilmember Stewart authored and introduced Bill 7-24 during her term as Council Vice President to better safeguard residents following the death of Melanie Diaz in a high-rise apartment building fire in Silver Spring several years ago.  

“After the death of Melanie Diaz at the Arrive Silver Spring fire three years ago, we got to work to make sure in the County we are doing all we can to prevent future tragedies,” Councilmember Stewart said. “A piece of that work being realized today requires our apartment buildings to have fire and emergency safety plans in place and updated periodically. Many thanks to the Department of Permitting Services and the Department of Housing and Community Affairs for their diligent work on these fire and emergency safety plan regulations. We must prioritize safety for residents and do everything we can to prevent injuries and save lives.” 

Ensuring building safety and providing excellent customer service are top priorities for staff, according to DPS Director Rabbiah Sabbakhan. 

“All rental multifamily apartment building landlords must submit an emergency safety plan to DPS as part of their FCC permit application,” said Sabbakhan. “If there are multiple dwellings on a property, each building must have an emergency safety plan. DPS is providing a Best Practices Guide and a template to help landlords with this new requirement. Our FCC inspectors and plan reviewers are available to answer questions and assist as needed.” 

Emergency safety plans must be resubmitted for review and approval every three years as part of the landlord’s FCC permit, which is renewed online annually. The fee for the ESP review is $95. A plan addendum will be required for buildings with more than 10 fire-related emergency calls to 911 in a 12-month period. DPS FCC inspectors will notify landlords if an addendum to their emergency safety plan is required. A template for the addendum is also posted on the DPS website. Penalties for failing to submit an ESP may include denial of the building’s FCC permit, a civil citation and fine, and a mandatory court appearance. 

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Apartment-style condominiums are exempt from these requirements, regardless of the number of leased units.   

“Even though they are not formally required for apartment-style condominiums, DPS encourages all multifamily building HOAs, landlords, or other resident boards to have an emergency safety plan and to share it with their residents,” said DPS Fire Marshal Patsy Warnick.  

For more information about emergency safety plans and FCC permits in Montgomery County, visit the DPS website  and listen to the new DPS podcast episode, “Fire Code Compliance Permits: What’s Changed and Why It Matters.” 

DPS is located at 2425 Reedie Drive, 7th floor, in Wheaton. The office is open from 7:30 a.m. to 4 p.m. weekdays, and no appointment is necessary. Stay connected with DPS by subscribing to the monthly newsletter, Constructive Comments. You can also listen to the DPS Podcast on your favorite podcast platform. For more information about building permits and inspections, contact MC 311 or 240-777-0311.  

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