§ 19-902

Md. Code, Business Regulation § 19-902, under Article — Business Regulation.

Md. Code, Business Regulation § 19-902

(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.