Subject
Adoption of an Ordinance to Amend Chapter 9 of the Rockville City Code Entitled “Fire Code” by Adopting with Certain Additions, Deletions, and Amendments the 2024 Editions of the Fire Code (NFPA 1) and the Life Safety Code (NFPA 101), and All Associated NFPA Codes or Standards Incorporated by Reference and the Latest Editions of Certain Other NFPA Codes Not Incorporated by Reference into NFPA 1 or NFPA 101 and By Making Other Minor Technical Changes.
Department
CPDS - Inspection Services
Recommendation
Staff recommends that the Mayor and Council introduce and adopt the proposed ordinance, at Attachment 1, to amend Chapter 9 of the Rockville City Code. If the Mayor and Council wish to proceed with the adoption of the ordinance at its December 15 meeting, the ordinance should first be introduced, and then a motion to waive the layover period should be made. If the motion to waive the layover period is approved by six affirmative votes, a motion to adopt the ordinance may then proceed.
Change in Law or Policy
The proposed ordinance would update the fire code by adopting current versions of the model codes published by the National Fire Protection Association (NFPA), with local amendments.
Discussion
Background
The City of Rockville strives to effectively administer and enforce its fire regulations utilizing the latest codes and standards. The model codes and standards are reviewed and amended at an international level every three years. The State of Maryland adopts minimum codes and standards, with or without amendments, and permits local jurisdictions to make additional amendments to align with local conditions and policy, with some limitations.
On June 23, 2025, the State of Maryland made the 2024 editions of the National Fire Protection Association (NFPA) 1 (Fire Code) and 101 (Life Safety Code), and their referenced codes and standards, effective. The City's fire regulations are comprised of the State Fire Prevention Code and Chapter 9 of the City Code, which contains "local amendments" to the State Code. The city last amended Chapter 9 in 2018. By adopting the model code, the city achieves greater uniformity and consistency with surrounding jurisdictions. The proposed changes will result in consistency in Rockville for customers and developers who work in multiple jurisdictions within the DC Metropolitan region.
The codes and standards adopted by the State allow for modification, provided that the changes do not lessen the original adopted requirements. It is often necessary to amend the codes and standards adopted at the State level to make enforcement align with current local policy and procedures and make the application of the codes and standards on a local basis more consistent.
CPDS Staff convened a code review committee composed of area fire protection engineers, architects, and other stakeholders to provide comments on the proposed amendments. The information received from this committee was used to refine the code language and ensure that the requirements adopted are reasonable, consistent, in concert with other city and regional requirements, and enforceable by those responsible. In addition, the proposed amendments were distributed publicly for 30 days, and comments were solicited for consideration. Due to this comment period and the minor nature of these amendments, staff does not recommend that the Mayor and Council hold a public hearing.
The proposed local amendments reflect recommendations from the review committee and coordination and comments from the Montgomery County Department of Fire & Rescue Services, the Montgomery County Department of Permitting Services, and the City of Gaithersburg.
Proposed Changes to Chapter 9
The charts below show the significant changes to the proposed Rockville Fire Code that differ from what the State of Maryland has adopted and an overview of the proposed code amendments to the 2024 Fire and Life Safety Codes.
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Significant Changes to Chapter 9 |
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Sec. 9-18 of Chapter 9. Inspections and testing. |
Description of Change |
Details of Change |
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Sec. 9-18. Inspections and testing. |
Requirements for licensed contractors to submit/upload test reports to the city's 3rd party vendor within 30 days of their inspection. The new language also stipulates the timeframes the uploads must be submitted and identifies acceptable documentation. |
State Fire Code contains requirements for varying frequency of inspections, testing and maintenance for fire protection systems. The City uses a 3rd party vendor, The Compliance Engine, as the tool for all inspections records to be stored. The system automatically identifies which properties are overdue, what deficiencies are unresolved, and where follow-up is needed. The new language is already referenced on the Compliance Engine platform; however, the specific city requirements should be in the local fire code to strengthen enforcement efforts when the property owners or their licensed vendors fail to meet the guidelines. |
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2024 NFPA 1, Amended by State Fire Prevention Code |
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Annex A , A.10.2.7.1 |
A.10.2.7.1 The frequency of fire prevention inspections of existing buildings should be based upon a risk assessment of these properties completed by the responsible AHJ. Considerations for this assessment should include, but not be limited to, the occupancy classification of the building and hazards associated with that classification; the number, location, and physical and mental capabilities of potential building occupants (especially self-evacuation abilities); construction design and maintenance of the property; fire protection features of the building; special hazards associated with activities or operations conducted within the building; available fire department suppression resources with special consideration to necessary special suppression operations; and resources available for fire code inspections and enforcement actions. |
New language allowing for a risk assessment to be completed by the AHJ to determine the frequency of fire prevention inspections of existing buildings. Similar language is in the previous edition of NFPA 1. However, this new language provides the AHJ with clearer flexibility and authority so they can make the best decisions for their communities when considering occupant risk in existing buildings. |
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Section 10.10.6.1 |
Unless permitted by 10.10.6.2, for other than one- and two-family dwellings, outdoor cooking appliances, grills, or other similar devices intended for cooking, heating, or any other purpose shall not be used, kindled, or stored in any of the following locations: (1) On any balcony (2) Under any overhanging portion of a structure (3) Within 20 ft (4.7 6.1 m) of any structure. |
The State Fire Prevention Code amended the standard code of 10 ft to 15 ft. Locally, we are increasing the minimum distance from a structure from 15 ft to 20 ft due to the increased number fire events nationally and locally associated with open flames in outdoor cooking. In addition, the proposed change aligns the city requirements with Montgomery County and the City of Gaithersburg. |
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Subsection 10.21.1 |
Where one or more powered micromobility devices will be charged inside or within 15 ft (4.6 m) of a building or structure, the charging operation shall be in accordance with Section 10.21 |
Increase the minimum distance the micromobility device may be located from a building from 10 ft to 15 ft due to the rise in fires nationally involving these devices. New language in the State Fire Prevention Code. |
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Section 11.10.2 |
All newly constructed below-ground floors of a building, all floors in buildings greater than 25,000 sq. ft per floor, and all floors of buildings greater than three (3) stories in height must meet minimum emergency radio communication system performance criteria adopted by Montgomery County Department of Technology Services. Proof that minimum performance criteria are met must be provided in writing to the AHJ, and testing shall comply with the following: (a) Performance testing shall be performed in accordance with the technical standards for systems and testing personnel established by Montgomery County Department of Technology Services. (b) Compliance testing shall be performed at the time of occupancy and annually thereafter. (c) All testing, design, installation and maintenance required must be performed by personnel approved by the City of Rockville Fire Marshal. Exception: The requirements of this section shall not apply to one- and two-family dwellings or townhomes. |
We have used the language from this Montgomery County standard for some time without having the language in our local fire code. It should be added to the city's fire code to strengthen our enforcement efforts. |
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Section 13.3.2.24.2 |
Existing high-rise buildings, other than those meeting 13.3.2.24.2.1 or 13.3.2.24.2.2, shall be protected throughout by an approved automatic sprinkler system in accordance with this chapter and 13.3.2.24.2.3 through 13.3.2.24.2.5. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.1 |
An automatic sprinkler system shall not be required where every dwelling unit has exterior access in accordance with 14.10.3. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.2 |
An automatic sprinkler system shall not be required in buildings that have a previously approved and implemented engineered life safety system complying with 13.3.2.24.2.2.1 and 13.3.2.24.2.2.2. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.2.1 |
The engineering life safety system shall have been developed by a registered professional engineer experienced in fire and life safety system design, approved by the authority having jurisdiction, and shall include any or all of the following: (1) Partial automatic sprinkler protection (2) Smoke detection systems (3) Smoke control systems (4) Compartmentation (5) Other approved systems. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.2.2 |
The engineering life safety system shall be maintained in accordance with the approved design documents and applicable standard. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.3 |
Each building owner shall, within 180 days of receiving notice, file an intent to comply with this regulation with the AHJ for approval. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.4 |
The AHJ shall review and respond to the intent-to-comply submittal within 60 days of receipt. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.5 |
The entire building shall be required to be protected by an approved automatic sprinkler system within 12 years of the date of the original violation notice issued by the fire authority having jurisdiction. |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.24.2.6 |
In high-rise buildings that are not protected throughout by an approved automatic sprinkler system, signage shall be posted complying with 13.3.2.24.2.6(A) through 13.3.2.24.2.6(D). (A) Signage shall be posted at all main building entrances as approved by the AHJ. (B) The lettering on the sign shall be at least 1 inch high. (C) The lettering shall be placed on a contrasting background. (D) The wording shall state as follows: "WARNING: THIS HIGH-RISE BUILDING IS NOT PROTECTED THROUGHOUT WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM". |
This language has been adopted at the State Level and will be codified in Chapter 9 due to the critical nature of the requirement. |
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Section 13.3.2.27.1.1 |
All new day care occupancies shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7 of NFPA 101 [NFPA:16.3.5.2] Automatic protection is not required if all of the following conditions are met: (1) The total number of occupants in the occupancy in which the day care center is located is not more than 300 persons. (2) All rooms used for day care are located on the level of exit discharge; (3) All rooms used for day care have at least one exterior door at grade level; (4) The occupancy in which the day care center is located does not exceeds 12,000 sq ft in area. |
New requirements for increased safety in day care occupancies. This new language is also new to the State Fire Prevention Code. |
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Section 20.1.5.8.3 |
In the following assembly occupancies, an audible announcement shall be made, or a projected image shall be shown, within 10 minutes prior to the start of each program that notifies occupants of the location of the exits to be used in case of a fire or other emergency: (1) Theaters (2) Motion picture theaters (3) Auditoriums (4) Other similar assembly occupancies with occupant loads exceeding 300 where there are non-continuous programs [101:12.7.7.3; 101: 13.7.7.3] |
Language is designed to increase awareness of exits in assembly occupancies due to fires and other emergencies. This new language is also new to the State Fire Prevention Code. |
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Section 14.4.2.1.1 |
Trash or recyclable materials awaiting scheduled collection shall not be placed in exits, exit access corridors or on egress balconies. |
New language in the State Fire Prevention Code to address the storage of these items in the exits or exit access. |
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2024 NFPA 101, Amended by State Fire Prevention Code |
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Section 31.3.5.9 |
All high-rise buildings, other than those meeting 31.3.5.9.2 or 31.3.5.9.3, shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with 31.3.5.2 within 12 years of the date of the original violation notice issued by the fire authority having jurisdiction. |
This new language is also new to the State Fire Prevention Code. |
Equity
Structure fires affect community equity by unequally impacting lower-income and marginalized communities through challenges in recovery, heightened vulnerability, and systemic inequities in preparation. This ordinance, with its focus on fire prevention, risk reduction, and community education/engagement, will likely avert this inequity.
Environment
Structure fires negatively affect the environment by contaminating air, water, and soil through the combustion of building materials. By adopting this ordinance, we can reduce or eliminate fire incidents and safeguard the environment.
Economy
Structure fires hurt the economy through direct costs such as property damage, business interruptions, and job losses. They also lead to indirect costs such as higher insurance premiums, lower property values, and decreased tax revenue. This ordinance, which focuses on prevention, is likely to reduce occurrences of these events.
Mayor and Council History
This is the first time the Mayor and Council have received the proposed ordinance to amend Chapter 9 to adopt the 2024 NFPA codes.
Public Notification and Engagement
The proposed code changes were posted on the city website and sent to stakeholders, both designers and contractors, within the fire protection industry for review and feedback. The only feedback received came from one design professional, thanking us for moving forward with adoption. When adopted, staff will notify stakeholders using the same methods.
Fiscal Impact
These locally proposed amendments should have a negligible fiscal impact on the city and can be enforced by existing staff. The changes should also have no significant financial impact on the building and development community.
Next Steps
Following the adoption of the ordinance, there will be a 30-day grace period before the proposed changes are effective.