Md. Code Ann., Bus. Reg. § 19-902
Battery-charged fence security systems
Effective Oct 1, 2021Added by Acts 2021, c. 407, § 1, eff. Oct. 1, 2021; Acts 2021, c. 408, § 1, eff. Oct. 1, 2021.State of Maryland
(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.
Added by Acts 2021, c. 407, § 1, eff. Oct. 1, 2021; Acts 2021, c. 408, § 1, eff. Oct. 1, 2021.