Montgomery County legislators on the local and state level are pushing for greater protections for tenants nearly a year after a deadly fire at a downtown Silver Spring high-rise apartment complex claimed the life of a 25-year-old woman.
On Jan. 24, state Del. Lorig Charkoudian (D-Dist. 20) introduced The Melanie Nicholle Diaz Fire Safety Act in the Maryland General Assembly. A complementary Senate bill is being sponsored by Sen. Will Smith (D-Dist. 20). Diaz died following a three-alarm fire at the Arrive Silver Spring apartment complex on Feb. 18, 2023. At least 17 other residents and three firefighters were hospitalized, and nearly 400 residents were displaced after their units were condemned. The complex’s lack of sprinklers, which weren’t required under state law, came under scrutiny by public officials.
According to state law and county regulations, sprinklers are not required in every unit of buildings built prior to 1974. More than 70 apartment complexes countywide don’t have sprinklers in every unit, according to multiple news reports.
“The current status quo in the vast majority of rental buildings that don’t have sprinklers is not good enough,” Charkoudian said in an interview with MoCo360.
Local fire officials have said that fire sprinklers would have made a difference in the Arrive fire and potentially saved Diaz’s life.
If passed, Charkoudian’s bill would:
- Require smoke detectors in public corridors (hallways, common spaces) that are in line with National Fire Protection Association (NFPA) standards;
- Require fire safety instruction for existing tenants every six months and for new tenants when they move in;
- Require emergency lights in all common egresses based on NFPA codes and regulations;
- Ensure that deaf and hard-of-hearing tenants have visual alarms that are provided and paid for by the landlord;
- Require signage near the entrances indicating a building does not have sprinklers; and
- Require notice in the lease agreement for new tenants that the building does not have sprinklers.
Charkoudian introduced similar fire safety legislation last year in the week immediately following the fire at Arrive. But the legislation stalled because it was submitted after the General Assembly’s deadline for bills to be guaranteed to be heard on the floor. Charkoudian said she used the past year to refine the proposed legislation.
“I had a chance over the last year to spend a lot of time in conversations with fire safety experts. I got a chance to speak with building owners … and really hear from a range of folks about public safety best practices: what are the options, engineering wise, and what are the challenges?” Charkoudian said.
In addition to the requirements for buildings, the bill would require state agencies to look for funding to assist landlords and building owners in paying for sprinkler installation and would enable counties to create their own property tax credit to support sprinkler installation.
It would also establish a state task force to develop best practices for installation of fire alarm and automatic fire sprinkler systems in high-rise buildings built prior to 1974. The task force could also create strategies to make installation more affordable, according to Charkoudian. It would be made up of fire safety experts, architects, engineers, and representatives of rental buildings and condominiums.
“The hope is that we come up with something that is more affordable and with money to help make it more affordable,” she said. “What is it that we can put in place to significantly improve [residents’] safety within the context of what’s affordable? That’s what we would look into.”
While county officials are more limited in the safety regulations they can impose on buildings, they do have some authority when it comes to tenants’ rights. Montgomery County Council Vice President Kate Stewart (D-Dist. 4) is planning to introduce legislation in the County Council session that would require apartment complexes to provide tenants with more information pertaining to emergencies and also notify them of the risks of living in a building without sprinklers.
“[The bill] will mandate better notification for tenants in a number of areas in terms of when there are emergencies and also make sure that when tenants sign a lease, that they understand and are informed accurately about the type of insurance provided by their buildings,” Stewart said.
Stewart said she was inspired to create this legislation after residents displaced by the Arrive fire discovered the insurance they purchased through the complex covered only the building’s property, and didn’t cover the loss of their own belongings.
“Some people lost everything, some people lost the good majority of their stuff,” Stewart said, noting that tenants thought they were purchasing renters’ insurance and therefore had no other insurance.
No votes have been scheduled on either piece of legislation. Charkoudian’s bill will have a hearing in the House Environment and Transportation committee at 1:00 p.m. on Feb. 20.
