Code Modification Application and Committee Hearing Process
If your building construction has been disapproved by an inspector, or your building design plans have been disapproved by a plan reviewer, or a construction code violation has otherwise been identified, and you cannot practically correct the deficiency without undue hardship, you may formally request a code modification.
Please understand that the modification process is the solution of last resort and that approval of requests is not guaranteed. You should always first attempt to work with the code official(s) and/or other professional consultants, to develop a solution that provides compliance with the adopted codes and standards of Montgomery County.
Applications and questions may be emailed to dps.eServices@montgomerycountymd.gov
Where there are practical difficulties involved in complying with the provisions of applicable codes or standards, the Department may grant modifications for individual cases where DPS finds that strict compliance with the code(s) is impractical. The modification must follow both the intent and purpose of the applicable code provisions and shall not lessen health, life safety or structural requirements.
Depending on caseloads, a written decision signed by the Division Chief will be prepared in approximately three weeks and emailed to the applicant; at your request, a facsimile copy of the decision can be transmitted.
Code modifications have a non-refundable application fee that must be paid with the submission of the application. Please refer to the DPS Fee Schedule for details.
Although your appearance at the hearings is not compulsory, the committee strongly urges attendance by the applicant or representative(s) to ensure the clearest possible understanding of the case. Where the code modification involves architectural or engineering design solutions, the committee also recommends attendance by the appropriate design professional or consultant because the committee will not provide the applicant with design options or alternative methods of compliance.
The Code Modification Advisory Committee conducts hearings generally within a week of receipt your application and payment. Code modification cases are heard in the order received and each case is allotted 20 minutes each for presentation and discussion. After the hearings, the committee deliberates each case and prepares a written recommendation for review and approval/denial by the appropriate division chief.
Code modification requests must be based on practical difficulty in achieving code conformance and must include proposed alternative methods of compliance or compensatory measures beyond prescriptive code. A self-imposed hardship generally will not be accepted as a basis for an approved code modification request. When submitting the request, you should document your case with plans, details, technical data, etc., to illustrate the nature and extent of the code deficiency and the proposed action(s); photographs of existing conditions may also be included as exhibits.