Md. Code, Bus. Reg. § 19-902

Current with changes from the 2024 Legislative Session
Section 19-902 - Requirement for battery-charged fence security system
(a)
(1) In this section the following words have the meanings indicated.
(2)
(i) "Battery-charged fence security system" means an alarm security system that includes a fence, a battery-operated energizer connected to the fence and intended to periodically deliver voltage impulses to the fence, a battery-charging device used exclusively to charge the battery, and any other ancillary components and attached equipment.
(ii) "Battery-charged fence security system" does not include:
1. deer fencing;
2. livestock fencing; or
3. a wireless security system as defined in § 19-901 of this subtitle.
(3) "Deer fencing" means fencing that is engineered to exclude or contain deer or elk.
(b) This section applies only to a battery-charged fence security system that:
(1) interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to alert the owner of the battery-charged fence security system or law enforcement;
(2) has an energizer that:
(i) is powered by a commercial storage battery that provides not more than 12 volts of direct current; and
(ii) meets the standards set forth in the International Electrotechnical Commission Standard 60335-2-76, current edition;
(3) is located:
(i) behind a nonelectric perimeter fence or wall that is at least 5 feet tall; and
(ii) on property that is not zoned as residential use only;
(4) is not taller than 10 feet or 2 feet taller than the height of the perimeter fence or wall, whichever is taller; and
(5) is marked with warning signs posted conspicuously on the fence at 30-foot intervals that state: "warning - electric fence".
(c)
(1) A local government may:
(i) require a person who provides a battery-charged fence security system to comply with a local alarm ordinance or obtain an alarm business registration or permit;
(ii) require a person who operates or causes to be operated a battery-charged fence security system to comply with a local alarm ordinance or obtain an alarm system registration or permit;
(iii) require an installer, on completion of a newly installed battery-charged fence security system, to submit to the local government an affidavit that includes:
1. the address of the installation;
2. the name of the installer;
3. the date of the installation; and
4. an affirmation that the criteria in subsection (b) of this section are satisfied; and
(iv) inspect the newly-installed battery-charged fence security system after receipt of an affidavit under item (iii) of this paragraph, if required.
(2) If, following an inspection conducted by a local government under paragraph (1)(iv) of this subsection, a battery-charged fence security system fails to comply with the criteria required under subsection (b) of this section, a local government may:
(i) issue a citation:
1. describing the specific noncompliance; and
2. requiring that the battery-charged fence security system be made compliant within a time period required by the local government; and
(ii) impose, if a battery-charged fence security system is not made compliant, a fine not exceeding $500.
(3) A local government may not:
(i) impose additional installation or operational requirements;
(ii) require a person described in paragraph (1) of this subsection to obtain an electrical permit;
(iii) prohibit the use of a battery-charged fence security system that is intended to be used for security; or
(iv) require additional permits or fees other than those described in paragraph (1) of this subsection.
(d) Battery-charged fence security systems are not exempt from Title 18 of the Business Occupations and Professions Article.

Md. Code, BR § 19-902

Added by 2021 Md. Laws, Ch. 408,Sec. 1, eff. 10/1/2021.
Added by 2021 Md. Laws, Ch. 407,Sec. 1, eff. 10/1/2021.