Proposed Executive Regulations


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MCER 1-05:   PROPOSED FIRE AND RESCUE SERVICE REGULATION -  Medical Standards for Operational Members and Candidates of MCFRS

SUMMARY:  The proposed regulation is being resubmitted for advertisement because a new section on appeals has been added thus changing the scope of the regulation.  In addition to the earlier listed requirement for firefighters/rescuers, career as well as volunteer, and candidates applying for those positions to successfully complete a medical evaluation that complies with the provisions of National Fire Protection Association 1582, Standards on Comprehensive Occupational Medical Program for Fire Departments, there is a section on appeals that did not appear in the earlier version.

COMMENTS:  Written comments must be submitted by April 30, 2005, to Beth Feldman, Montgomery County Fire and Rescue Service, 101 Monroe Street, 12th Floor, Rockville, Maryland 20850; 240/777-2423.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 21-8.  Method 2.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Beth Feldman, Montgomery County Fire and Rescue Service, 101 Monroe Street, 12th Floor, Rockville, Maryland 20850; 240/777-2423.

MCER 7-05:  PROPOSED DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION 

REGULATION -  Systems Benefit Charges - Residential Waste Estimates

SUMMARY:  Montgomery County Code 1994, Section 48-8A(b)(2)(A), provides that the County Executive must, each fiscal year, establish by Method 2 executive regulation an estimate of the amount of solid waste generated per dwelling unit.  This proposed regulation updates the per household waste generation estimates used to calculate residential System Benefit Charges.  The proposed regulation would supersede Executive Regulation 7-04.

COMMENTS:  Written comments must be submitted by April 30, 2005, to William F. Davidson, Department of Public Works and Transportation/Division of Solid Waste Services, 101 Monroe Street, Rockville, Maryland  20850; 240/777-6409, TTY 240/777-6442.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 48-8A(b)(2)(A).  Method 2.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Theresa Souders, DPWT/DSWS, 101 Monroe Street, Rockville, Maryland  20850; 240/777-6425, TTY 240/777-6442.

MCER 8-05:  PROPOSED DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION                   REGULATION - Taxicab Fees

SUMMARY:  Chapter 53 of the Montgomery County Code authorizes the County Executive to establish taxicab fines by executive regulation.  Chapter 53 was amended to permit a schedule of fines that may be less than Class A violations.  The proposed regulation establishes a schedule of fines that range from $50 to $500.  The regulation would supersede Executive Regulation 3-00.

COMMENTS:  Written comments must be submitted by April 30, 2005, to Nancy Kutz. Department of Public Works and Transportation, Division of Transit Services, 101 Monroe Street, 8th Floor, Rockville, Maryland  20850; 240/777-2227 (CABS), TTY 240/777-5869.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 53-603(b).  Method 2.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Taxicab Office, DPWT/Transit Services, 101 Monroe Street, 5th Floor, Rockville, MD  20850; 240/777-2227; TTY  240/777-5869.

MCER 9-05:  PROPOSED DEPARTMENT OF PERMITTING SERVICES REGULATION -  Schedule of Fees for Permits, Licenses and Inspections

SUMMARY:  The proposed regulation in general increases by 6.4% permit and license fees that cover the administration, plan-review, and enforcement programs of the Department of Permitting Services.  Since the current policy of increasing fees for inflation is insufficient to cover department cost increases, a change in revenue policy which would link fee increases more closely to labor cost increases is being proposed.  New fees added to the executive regulation are:  fees for small land disturbing activities other than the construction of a primary building or addition on a single family residential lot that do not require the use of an engineered sediment control plan as determined by the department; and fees for review and approval of  stormwater management as-built plans.  Section VII, Indexing of Fees to Labor Cost Increases, has also been added.  Revisions to clarify existing fees have been made throughout the executive regulation.  The regulation would supersede Executive Regulation 14-03.

COMMENTS:  Written comments must be submitted by April 30, 2005, to Reginald Jetter, Department of Permitting Services, Division of Casework Management, 255 Rockville Pike, 2nd Floor, Rockville, Maryland  20850; 240/777-6275, TTY 240/777-6256.


AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 49-38, 19-6, 9-45, 19-67, 30-11, 27A5(e).  Method 3.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Serena James, Department of Permitting Services, Division of Casework Management, 255 Rockville Pike, 2nd Floor, Rockville, Maryland  20850; 240/777-6280,
TTY 240/777-6256.

MCER 10-05:  PROPOSED DEPARTMENT OF  PERMITTNG SERVICES REGULATION -  Permit Fees and Requirements Related to Construction Debris Reclamation Facility

SUMMARY:  The proposed regulation in general increases by 6.4% permit and license fees that cover the administration, plan-review and enforcement programs of the Department of Permitting Services.  The current policy of increasing fees for inflation only is not sufficient to cover department cost increases.  A change in revenue policy which would link fee increases more closely to labor cost increases is proposed to address the department's funding needs.  Section 6, Indexing of Fees to Labor Cost Increases, has also been added.  The proposed regulation would supersede Executive Regulation 38-01.

COMMENTS:  Written comments must be submitted by April 30, 2005, to Reginald Jetter Department of Permitting Services, Division of Casework Management, 255 Rockville Pike, 2nd Floor, Rockville, Maryland  20850; 240/777-6275, TTY 240/777-6256.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 59-C-9.84.  Method 2.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Serena James, Department of Permitting Services, Division of Casework Management, 255 Rockville Pike, 2nd Floor, Rockville, Maryland  20850; 240/777-6280.

MCER 11-05:  PROPOSED DEPARTMENT OF  PERMITTING SERVICES REGULATION -  Schedule of Fees for Permits, Licenses and Inspections

SUMMARY:  The proposed regulation increases by 6.4% permit and license fees that cover the administration plan-review and enforcement programs for the Department of Permitting Services.  The current policy of increasing fees for inflation only is not sufficient to cover department cost increases.  A change in revenue policy, which would link fee increases more closely to labor cost increases, is proposed to address the department's funding needs.  It also corrects and updates the Use and Occupancy maximum fee that was not adjusted as indicated in the July 1, 2004 revision of Executive Regulation 15-03AM.  New fees added to the Executive Regulation are:  electrical fee for existing multi-family buildings; homeowner's electrical  examination fee; homeowner's electrical re-examination fee; electrician good standing letter fee.  Section VII has been revised to reflect a change in the indexing of fees.  Revisions to clarify existing fee descriptions have been made thoughout the executive regulation.  The proposed regulation would supersede Executive Regulation 15-03AM.

COMMENTS:  Written comments must be submitted by April 30, 2005, to Reginald Jetter, Department of Permitting Services, Division of Casework Management, 255 Rockville Pike, 2nd Floor, Rockville, Maryland  20850; 240/777-6275, TTY 240/777-6256.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 8-13, 8-14, 8-24b, 8-28, 17-2, 17-10, 17-20, 27a-5(E), 22-13, 47-2, 47-4.  Method 2.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Serena James, Department of Permitting Services, Division of Casework Management, 255 Rockville Pike, 2nd Floor, Rockville, Maryland  20850; 240/777-6280.

MCER 12-05:  PROPOSED DEPARTMENT OF RECREATION REGULATION - Department of Recreation Fee Procedure

SUMMARY:  The proposed regulation establishes the guidelines and procedures that the Department of Recreation will use to determine fees to be charged for their programs and facilities.  The proposed regulation would supersede Executive Regulation 2-94AM.

COMMENTS:  Written comments must be submitted by April 30, 2005, to Rita Howard, Department of Recreation, 4010 Randolph Road, Silver Spring, Maryland  20902; 240/777-6822.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 41-4.  Method 2.

COPIES OF THE PROPOSED REGULATION:  A copy of the proposed regulation may be obtained from Rita Howard, Department of Recreation, 4010 Randolph Road, Silver Spring, Maryland  20902; 240/777-6822.

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