Agenda Item #6
October 5, 2010
Introduction
MEMORANDUM
October 1,2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Analyst(YYn{)J-itO
Introduction:
Bill 48-10, Technical Corrections
Bill 48-10, Technical Corrections, sponsored by the County Council, is scheduled to be
introduced on October 5, 2010. A public hearing is tentatively scheduled for October 26 at 1:30
p.m.
Bill 48-10 corrects technical, typographical, grammatical, and codification errors in, and
makes stylistic, clarifying, and conforming amendments to, several provisions in County law.
This bill represents an accumulation of technical and stylistic errors that individually were not
significant enough to warrant separate corrective legislation, but which now cumulatively justify
a technical corrections bill. This legislation is a result of the continuous vigilance and technical
skills of Sharon Gemperle of the County Attorney's Office, who is responsible for editing the
County Code.
This packet contains:
Bill 48-10
Legislative Request Report
Circle
#
1
54
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Bill No.
48-10
Concerning: Technical Corrections
Draft No. _2_
Revised:
9/21/2010
Introduced:
October 5,2010
Expires:
April 5, 2010
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: County Council
AN ACT
to correct technical, typographical, grammatical, reference, and codification errors in, and
make stylistic, clarifying, and conforming amendments to, various provisions of County law:
By amending
Montgomery County Code
Chapter 1, General Provisions
Section 1-301
Chapter 2, Administration
Sections 2-11A and 2-128
Chapter 2B, Agricultural Land Preservation
Article 6
Chapter 8, Buildings
Section 8-26
Chapter 8A, Cable Communications
Section 8A-23
Chapter lOB, Common Ownership Communities
Section lOB-5
Chapter lIB, Contracts and Procurement
Section 11 B-49
Chapter 13, Detention Centers and Rehabilitation Facilities
Section 13-8
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BILL No. 48-10
Chapter 17, Electricity
Section 17-38
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-1 and 19-36
Chapter 20, Finance
Sections 20-3 and 20-32
Chapter 21, Fire and Rescue Services
Section 21-1
Chapter 22, Fire Safety Code
Sections 22-2, 22-3, 22-4A, 22-5,22-6, 22-7, 22-8, 22-10, 22-23, and 22-37
Chapter 29A, Legislative Oversight
Section 29A-9
Chapter 30, Licensing and Regulations Generally
Section 30-12
Chapter 31, Motor Vehicles and Traffic
Section 31-22
Chapter 33, Personnel and Human Resources
Sections 33-35,33-38,33-41,33-42,33-46,33-52,33-84,33-103, 33-111, 33-118, 33-128
and 33-159
Chapter 35, Police
Section 35-13A, 35-13B, 35-18
Chapter 36A, Public Service Company Underground Facilities
Section 36A-2
Chapter 52, Taxation
Section 52-11, 52-16C, 52-18A, 52-18B, 52-181, 52-18Q, 52-18R, 52-32,52-35,52-68,52­
96
Chapter 54, Transient Lodging Facilities
Sections 54-20 and 54-26
Chapter 56, Urban Renewal and Community Development
Section 56-10
Chapter 60, Silver Spring, Bethesda, Wheaton and Montgomery Hills Parking Lot Districts
Section 60-2
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BILL No.
48-10
2010 Laws of Montgomery County Chapter 20
By repealing:
Chapter 33, Personnel and Human Resources
Sections 33-48 and 33-49
Article VI
Sections 33-86 through 33-100
Boldface
Underlining
[Single boldface brackets1
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
(])-
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No.
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2
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4
Sec. 1. Sections 1-301, 2-11A, 2-128, Article 6 of Chapter 2B, 8-26, 8A­
23, 10B-5, 11B-49, 13-8, 17-38, 19-1, 19-36, 20-3,20-32,21-1,22-2,22-3, 22-4A,
22-5, 22-6, 22-7, 22-8, 22-10, 22-23, 22-37, 29A-9, 30-12, 31-22, 33-35, 33-38,
33-41, 33-42, 33-46, 33-52, 33-84, 33-103, 33-111, 33-118, 33-128. 33-159, 35­
13A, 35-18, 36A-2, 52-11, 52-16C, 52-18A, 52-18B, 52-181, 52-18Q, 52-18R, 52­
32, 52-35, 52-68, 52-96, 54-20, 54-26, 56-10, and 60-2 are amended and
Sections 33-48, 33-49, and Article VI of Chapter 33 (Sections 33-86 through
33-100) are repealed as follows:
1-301. Rules of interpretation.
The following rules of interpretation apply to resolutions adopted by the
Council.!! [and to] laws enacted by the Council [in legislative session].!! and the County
Charter:
(a)
Boldface.
[There is] A word has no legal significance [to a word in this
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6
7
8
9
10
11
12
13
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15
Code] solely because it appears in bold face. Bold face indicates that
the tenn is defined [in the Code] or is a heading.
16
*
*
*
17
18
(d)
Requirements to act by a specific date.
If the [law] Charter or Code or
f!
resolution requires or allows a person to perfonn an act by a specific
date, but the specific date is a Saturday, Sunday, or legal holiday, [the
person may perfonn the act on the next day that is not a Saturday,
Sunday, or legal holiday,] the person may perfonn the act on the next
day that is not a Saturday, Sunday, or legal holiday.
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20
21
22
23
24
25
*
(h)
*
*
Title of sections.
Titles and captions are not part of the [law of the
County] Charter or Code or
f!
resolution. They only advise the reader of
the content of each [section] provision.
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2-11A. Evaluation of reorganization.
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*
(c)
*
*
Within [fifteen (15)]
1l
days [following] after receipt of a written report
from the [county executive] County Executive, the [council shall]
Council must determine whether the report, or any part of the report,
[shall] must not be made public. The only basis on which a report or .
any part of a report may not be made public is if the report or part
contains information that would not be available for public inspection
[pursuant to article 76A (public information) of the Annotated Code of
Maryland] under Title 10, Subtitle
Q
of the State Government Article of
the Maryland Code.
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33
34
35
36
37
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39
40
*
*
*
2-128. Appointment of [county attorney] County Attorney as [assistant state's
attorney] Assistant State's Attorney; powers, duties[, etc].
41
42
43
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45
!ill
The [state's attorney] State's Attorney for the [county] County [is
hereby authorized and empowered to] may appoint the [county attorney]
County Attorney and any [assistant county attorney] Assistant County
Attorney as an assistant state's attorney.
(Q)
Assistant state's attorneys so appointed [shall] have the same powers as
an assistant state's attorney appointed under other applicable law and
[shall have the duty of assisting] must assist the [state's attorney] State's
Attorney in [the prosecution of] prosecuting violations of:
[(a) The acts, ordinances, standards, codes, regulations, permits or
licenses specified in section 2 of chapter 18, Laws of
Montgomery County, 1949, or any amendment thereto,]
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48
49
50
51
52
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ill
ill
Chapter
~
(Animal Control);
Chapter
~
(Buildings);
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[(b)]
ill
Chapter 22 ([the fire code,] Fire Safety Code);
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ill
ill
®
ill
[(c)]
Chapter 24A (Historic Preservation);
Article
J.
of Chapter 49 (Streets and Roads);
Chapter 50 (Subdivision of Land);
Chapter 59 (Zoning);
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CID
[ordinances, rules, or regulations heretofore adopted by the
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board of county commissioners or hereafter adopted by the
council] any County law, and any regulation adopted
.by
the
Council sitting as [a county board of health,] the County Board of
Health;
[(d)]
(2)
[article 97 of the Annotated Code of Maryland, 1957] Title
11
of the Agriculture Article of the Maryland Code, relating to
standards of weights and
measures[,]~
and
[(e)]
(lQl
any other.1 law, rule, regulation.1 or ordinance [heretofore
adopted by the board of county commissioners or hereafter]
adopted by the [council] CounciL
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[Assistant] Any assistant state's [attorneys] attorney appointed under
this [section shall] Section must serve without additional compensation.
Nothing in this [section shall be held to limit] Section limits any
authority of the [county attorney] County Attorney or an assistant
county attorney to prosecute any [such violation in his capacity]
violation listed in this Section as [county attorney] County Attorney or
[assistant county attorney] Assistant County Attorney.
[All such
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prosecutions shall] Each prosecution must be brought in the name of the
[state] State or [county] County, as [may be] appropriate.
*
Article [III]
*
*
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2.
Agricultural Advisory Committee
&
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2B-21. Agricultural Advisory Committee.
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'*
8-26. Conditions of permit.
'*
'*
(a)
Generally.
[No] A permit to begin work for new construction,
alteration, removal, demolition, or other building operation [shall]
must not be issued until the fees authorized in this [section] Section
are paid to the [department] Department.
[nor shall an] An
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amendment to a permit [necessitating] that requires an additional fee
because of an increase in the estimated cost of the work involved must
not be approved until the additional fee is paid. The [department]
Department must not issue any building [permits] permit for a
residence, except a building designed to be used as a residence for the
person's own or immediate family use, under [the provisions of
section 26A-12 of chapter 26A] Section 31 C-l, to any person except a
licensed building contractor or an authorized [agents] agent of the
licensed building contractor.
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'*
8A-23. Transfers.
'*
'*
*
(b)
*
*
An application to transfer a franchise must meet the requirements of
[section] Section 8A-8(b) and provide complete information on the
proposed transaction, including the legal, character, financial,
technical.,. and other pertinent qualifications of the transferee, and on
the potential impact of the transfer on subscriber services or rates.
The proposed transferee must provide all information required in
[section 8A-8(e)(1)] Section 8A-8(d)(l) through (3), (10).,. and (12)
[must be provided by the proposed transferee].
The information
6-
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No. 48-10
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required in [section 8A-8(e)(4)] Section 8A-8(d)(4) through (9) must
also be provided [whenever] if the proposed transferee expects
material changes to occur in those areas as a result of the transfer.
(c)
An application for transfer of an interest in a franchisee must describe
the proposed transaction in detail and identify the interest to be
transferred, the transferor, and transferee.
If
the proposed transferee is
not a current equity owner of the franchisee, the application must
include the infonnation required by Section [8A-8(e)(1)] 8A-8(d)(1)
and (2).
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*
lOB-5.
*
*
*
*
Duties of the Office of Consumer Protection.
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*
(h)
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advise common ownership communities and professional association
managers of changes in the laws and regulations that affect their
communities or operations; [and]
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(i)
operate a dispute resolution process to furnish mediation and
administrative hearings[.J; and
*
llB-49.
*
*
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Purchase of goods for non-profit organizations.
(a)
If goods are needed to perfonn a contract with the County, a non-profit
organization that is exempt from taxation under Section 501(c)(3) of the
United States Internal Revenue Code but which is not a public entity
may:
(1)
subject to subsection (d), [purchase] buy the goods under an
existing County requirements contract;
(2)
engage in cooperative procurement for the goods with the County
under Section [llB-39] I1B-40; or
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(3)
[purchase] buy the goods from the County if
[it
is] all items are in
stock and not otherwise needed.
*
13-8.
*
*
[Same-Same-]Diminution of sentence.
An inmate sentenced or held in a pre-trial or pre-sentence status is entitled to
a diminution of the period of [his] confinement as specified by [section 704A to
article 27 of the Annotated Code of Maryland 1957, as amended] Section 3-101 of
the Correctional Services Article of the Maryland Code.
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*
17-38.
[Generally] Standards.
*'
*
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145
(a)
[It
shall be unlawful for anyone to] A person must not sell or install
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electrical equipment which does not [having] contain the certification of
an inspection authority approved by the [department] Department.
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149
*'
(d)
*'
*'
[It
shall be unlawful to] A person must not occupy or offer to sell for
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occupancy any mobile home, prefabricated or modular dwelling,
industrialized building.1 or [other like] similar structure as defined in
the National Electrical Code.1 without having first obtained from the
manufacturer [of such units]
~
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certification by the State of Maryland
[as having] that the structure has met standards contained in [state]
regulations adopted [pursuant to article 41, section 266EE-3,
Annotated Code of Maryland] under Sections 12-301 through 12-313
of the Public Safety Article of the Maryland Code.
158
159
160
*'
19-1.
Definitions.
*
*'
*
*'
*
a
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(21) Professional engineer[: An] means an engineer duly registered
by the State of Maryland to practice professional engineering
under the requirements of [Article 75
112
of the Annotated
Code of Maryland] Title 14 of the Business Occupations and
Professions Article of the Maryland Code.
(22) Professional land surveyor[: A] means!! person who is duly
registered and licensed under the requirements of [Article 56 of
the Annotated Code of Maryland] Title
11
of the Business
Occupations and Professions Article of the Maryland Code.
*
19-36.
*
*
*
Definitions.
*
(1)
*
Wetland[: Any] means any land which is:
considered private wetland or State wetland under [Title 9,
Wetland and Riparian Rights, Natural Resources Article,
Annotated Code of Maryland] Title 16 of the Environment
Article of the Maryland Code; or
*
20-3.
control] Department of Liquor Control.
*
*
Disbursements from revolving fund of [department of liquor
The [county executive] County Executive, the [director of finance] Director
of Finance, and the [director] Director of the [department of liquor control shall
have authority] Department of Liquor Control may, by concurrent action, [to]
designate [persons] one or more employees in the [department of liquor control]
Department of Liquor Control who may disburse money from the revolving fund
[to be] established [pursuant to subsection (e) of section 165 of article 2B of the
Annotated Code of Maryland, 1957] under Section 15-207 of Article 2B of the
®
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No. 48-10
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Maryland Code. [; provided, that the] The signature of at least [two (2)]
[shall] must be required for any disbursement.
2.
persons
*
20-32. Legislative purpose.
(ill
*
*
Under the authority of [article] Article
44A
of the [Annotated]
Maryland Code [of Maryland, as amended], Montgomery County,
may, at any time and from time to time, guarantee, upon its full faith
and credit, revenue bonds of the housing opportunities commission in
a total amount not exceeding [fifty million dollars
(]$50,OOO,OOO[.OO)]
to finance the acquisition, provision, development."). or rehabilitation of
housing at rental rates and prices not being offered in adequate
quantity by the private sector, or to finance in whole or in part
mortgage loans secured by such housing."). and to fund related reserves
and costs approved under [the provisions of section 15, article
44A,
Annotated Code of Maryland] Title
Code and this [chapter] Chapter.
200
201
202
203
204
2.
of Article
44A
of the Maryland
[Q)
[Mortgage loans] Each mortgage loan so financed in part must be
insured in part by the Federal Housing Administration, the Maryland
Housing Fund, or a private mortgage insurer which is approved by
either the Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation[,] and [which private mortgage
insurer] is authorized to do business in [the State of] Maryland, or by
any combination of such insurers.
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The [housing opportunities commission shall adhere to adhere to the]
Housing Opportunities Commission must comply with any terms and
conditions imposed by the [county government] County in providing
the guarantee of any bonds.
[Where such] If guaranteed revenue
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No. 48-10
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bonds will finance the total cost of such housing or the total amount of
the mortgage loans for such housing, the [housing opportunities
commission shall] Commission must also [adhere to] comply with any
requirements imposed by the [county government] County after the
[issuance of the bonds] bonds are issued to assure or protect the
financial solvency of the project.
@
The issuance of such bonds [shall] must be subject to [procedures for]
review and approval by the [county government] County as
hereinafter provided.
21-1.
(c)
Statement of policy; definitions.
*
following meanings:
*
*
Definitions.
As used in this Chapter, the following terms have the
*
*
*
Fire Chief
the Fire Chief who is appointed under Section 21-3[, who
serves] to serve as the Director of the Montgomery County Fire and
Rescue Service.
Fire Chiefincludes
the Fire Chiefs designee.
*
22-1.
Short title.
*
*
[The provisions of this chapter shall constitute and shall hereafter be known]
This Chapter may be referred to as "The Montgomery County Fire Safety Code [of
Montgomery County, Maryland.]".:.
22-2.
Purpose; intent.
ill
The purpose and the intent of this [chapter] Chapter is to prescribe
minimum requirements and controls to safeguard life, property
~
and
the public welfare from the hazards of fire and explosion arising from
the improper storage,
handling~
or use of substances,
materials~
or
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BILL No. 48-10
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devices and from conditions hazardous to life,
property~
and the public
welfare in the use or occupancy of buildings, structures, [sheds, tents,
lots] or premises.
(hl
Where no specific [standards or requirements are] standard or
requirement is specified in this [chapter] Chapter, or [contained
within] any other applicable [laws, regulations] law or [ordinances]
regulation, compliance with [the] applicable standards of the National
Fire Protection Association (NFPA), [Building Officials and Code
Administrators (BOCA) and] International Code Council (ICC),
American Insurance Association
(AIA)~
or any other nationally
recognized fire safety [standards as are] standard approved by the
[director] Fire Chief [shall be deemed as] is prima facie evidence of
compliance with this [intent] Chapter.
22-3.
(a)
Construction and scope of Chapter.
[The provisions of this chapter shall apply] This Chapter applies to
existing conditions [as well as] and to conditions arising after [the
adoption thereof, except that] this Chapter was adopted. However,
f!
[conditions] condition legally [in existence at the adoption of this
chapter and not in strict compliance therewith shall be permitted to
continue] existing when this Chapter was adopted, but not in strict
compliance with this Chapter, may continue only if[, in the opinion
of] the [director, they do] Fire Chief finds that the condition is not
[constitute] a distinct hazard to life or property.
*
(e)
*
*
[Nothing in this chapter shall be construed as rendering] This Chapter
does not render any other applicable [laws] law or regulation invalid.
[In any situation where]
If a conflict [exists] arises between [a
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prOVISIOn of] this [chapter) Chapter and another [code) law or
regulation, the fire marshal and [appropriate) the head of the agency
responsible for enforcing the conflicting [code shall determine in
concert] law or regulation must agree which [provisions shall apply]
applies. [Conflicts which are unreconcilable shall] If they cannot agree,
any remaining conflict must be referred to the [director of the
department of fire and rescue services1 Fire Chief. The decision of the
[director of fire and rescue services] Fire Chief in any matter relating to
fire safety [shall be] is final.:. [, except that]
However, any person
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aggrieved by [such] the decision [shall have the right t01 may appeal
to the [county board of appeals in accordance with chapter1 County
Board of Appeals under Chapter 2 [of the County Code1. Within
[thirty
(30)] 30
days [following the discovery of] after any [serious]
remaining conflict has been resolved, the [director] Fire Chief and the
head of the agency responsible for enforcing the conflicting [code shall]
law or regulation must forward to the [county executive] County
Executive
!!
joint [recommendations for the removal of] proposal to
amend
!!
law or regulation to eliminate the conflict [from the County
Code or the regulations adopted pursuant thereto].
22-4A.
Certification procedure.
*
(b)
*
*
The [Director of Fire and Rescue Services] Fire Chief may waive all
or part of the regular field inspection of construction if the architect or
engineer certifies to the [Director] Fire Chief that:
*
(c)
*
*
The [Director of Fire and Rescue Services] Fire Chief may waive any
final inspection required under this Chapter which relates to the
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Issuance of a certificate of use and occupancy if the registered
engmeer
or
architect
who
supervised
the
construction
or
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reconstruction of the building certifies to the [Director] Fire Chief
under oath that:
*
(e)
*
*
The [Director of Fire and Rescue Services] Fire Chief may grant a
waiver related to construction inspection, and use and occupancy
inspection under subsections (b) and (c).1 if the waiver is warranted in
light of subsections (b) and (c) and:
*
(1)
*
*
The [Director of Fire and Rescue Services] Fire Chief and the
Director of Permitting Services must issue a decision on a request for
a waiver under subsections (a), (b), and (c), within 10 days after
receiving the request. [Each Director] Either the Fire Chief or the
Director of Permitting Services has complete discretion to approve or
reject a waiver. The decision of [each Director] the Fire Chief or the
Director of Permitting Services is final, and no appeal may be taken.
If either [Director] the Fire Chief or the Director of Permitting
Services grants a waiver, the [Director] Chief or Director must find in
writing that the waiver complies with subsection (d) or (e).1 as
applicable.
312
313
314
315
316
317
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319
320
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(g)
The Director of Permitting Services may grant a waiver under this
[section] Section only to the extent:
(1)
(2)
permitted under State and local law; and
delegated by the [Director of Fire and Rescue Services] Fire
Chief.
22-5. Definitions.
@
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In this Chapter, the following words have the following meanings:
[(a)
Tenses. The present tense includes the past and future tenses, and the
future, the past.
(b)
(c)
Gender. The masculine gender includes the feminine and neuter.
Number. The singular number includes the plural and the plural the
singular.]
*
Alternative:
*
*
a
system,
condition,
[The term
"alternative" means]
arrangement, material, or equipment submitted to the [director] Fire Chief as a
substitute for a code requirement.
Approved:
[The term "approved" means] acceptable to the [director] Fire
Chief. In determining the acceptability of installations or procedures,
equipment~
or materials, the [director] Fire Chief may base acceptance on compliance with the
NFPA or other appropriate standards. In the absence of such standards, [such
authority] the Fire Chief may require evidence of proper installation,
procedure~
or
use. The [director] Fire Chief may also refer to the listings or labeling practices of
any nationally recognized testing [laboratories] laboratory, inspection [agencies]
agency, or other [organizations concerned with product evaluations which are in a
position to] organization which evaluates products and can determine compliance
with appropriate standards for [the current production of listed items,] and the
satisfactory performance of such equipment or materials in actual usage.
*
*
*
Authority having jurisdiction:
[The phrase "authority having jurisdiction"
means] the [director of fire and rescue services] Fire Chief.
*
Central
fire
communications
*
center:
*
[The
phrase
"central
fire
349
communications center" means] the public fire service communication facilities
-@
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No.
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operated by the [department of fire and rescue services] Montgomery County Fire
and Rescue Service as part of the [Montgomery] County emergency operations
center.
[The functions of this facility include receiving fire alarms or other
emergency calls from the public, retransmitting these alarms and emergency calls
to fire companies and other interested
agencies~
and the operation of the fire and
rescue services radio base stations and land line communications equipment.]
*
*
*
[Director:
The term "director" means the director of the department of fire
and rescue services and shall include his authorized representatives.]
*
the Fire Chiefs designee.
*
*
Fire Chief:
the Fire Chief appointed under Section 21-3.
Fire Chiefincludes
Fire department:
[The phrase "fire department" means] the [fire and rescue
services of] Montgomery County Fire and Rescue Service.
*
*
*
Fire Marshal
[The phrase "Fire Marshal"] or ["County Fire Marshal"]
County Fire Marshal:
[means] a qualified employee of the Montgomery County
Fire and Rescue Service designated by the Fire [Administrator] Chief as the
County Fire MarshaL
designee~
[The phrase]
Fire Marshal
includes the Fire Marshal's
unless the context clearly indicates otherwise.
representative~
Fire official:
[The phrase "fire official" means] any person servmg as a
designated employee,
or agent of the [fire and rescue services of]
Montgomery County Fire and Rescue Service.
373
374
*
*
*
Representative:
[The term "representative" means] a person duly appointed
375
376
in the name of the [director for the purpose of administering or enforcing] Fire
Chief to administer or enforce this [code] Chapter.
-@
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No. 48-10
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*
22-6.
(a)
Administration [generally].
*
*
Authority of {director] Fire Chief generally.
The [director of the
department of fire and rescue services] Fire Chief [is hereby
authorized and directed to] must administer [the provisions of] this
[chapter] Chapter. The [director] Fire Chief [shall have such other
powers and] must perform [such] any other [duties as are set forth in
other sections of] duty assigned under this [Code and as may be
conferred and imposed from time to time by] Chapter or any other
applicable law. The [director] Fire Chief may delegate any [of his
powers or duties] power or duty under this [chapter] Chapter to [the
division of fire prevention or to] any other County fire [officials of
this jurisdiction] official.
(b)
Authority of{director] Fire Chief in emergencies.
In [a case of] an
emergency[,] where [in the opinion of] the [director] Fire Chief finds
that [,] life or property is in immediate danger of fire, the [director]
Fire Chief [is hereby authorized to] may take any action [that he
deems] necessary to protect [such] life or property.
(c)
Enforcement assistance.
Police and any other [agencies having
authority in this jurisdiction shall render] authorized agency must
provide necessary assistance [in the enforcement of this code] to
enforce this Chapter when [requested to do so by] the [director] Fire
Chief so requests.
(d)
Fire [prevention division] Code Compliance Section.
To assist [in the
performance of the responsibilities and the duties placed upon] the
[director] Fire Chief, the Chief may organize and supervise a [division
of fire prevention] Fire Code Compliance Section [is established
-@­
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No. 48-10
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within] in the [department] Fire and Rescue Service. [This division
shall operate under the supervision of the director.] Members of [the
division of fire prevention are hereby authorized to] this Section may
enforce all County laws and [ordinances of Montgomery County
covering the following] regulations on:
(1)
(2)
[The prevention of fires.] fire prevention;
[The] storage, use.1 and handling of explosive, flammable, toxic,
corrosive.1 and other hazardous gaseous, solid.1 and liquid
materials[.]~
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
(3)
[The] installation and maintenance of automatic, manual.,. and
other private fire alarm systems and fire extinguishing
equipment [.];
(4)
(5)
[The] maintenance and regulation of fire
escapes[.]~
[The] maintenance of fire protection and [the] elimination of
fire hazards on land and in buildings, structures.1 and other
property, including those under
construction[.]~
(6)
[The means and] adequacy of each fire exit [in the event of
fire,] from [factories, schools, hotels, lodging houses, asylums,
hospitals, churches, halls, theatres, amphitheatres.1 and all other
places in which people work, live.1 or congregate from time to
time for any purpose.] any building; and
(7)
[The] investigation of the causer, origin and circumstances] of
any fire.
(e)
Authorization for requirement changes.
A fire safety requirement
proposed for imposition during the course of building construction
that would change or substitute a material, feature, construction
method.1 or any other [aspects] aspect of construction different from
@
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BILL NO. 48-10
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432
433
434
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[those which were identifiably included in] the original or amended
[submission of]
subdivision, site,. or construction plans
and
specifications,. as approved by the [department of fire and rescue
services shall] Fire and Rescue Service must only be imposed
[following a written finding by the director] if the Fire Chief finds that
the change or substitution is necessary to avoid a specific and
demonstrable threat to public safety. [A] The Chief must provide
!!
copy of the finding [shall be provided] to the affected person and
[shall be available] to the public [upon] on request.
(£)
Administrative appeals.
[The director upon petition] When petitioned
by [a] an aggrieved person [claiming to be aggrieved is authorized and
directed to],. the Fire Chief must promptly review [rulings] any ruling
or [interpretations] interpretation of law or regulations made by Fire
and Rescue Service staff [during the enforcement of the provisions of]
while enforcing this [chapter] Chapter.
[Such] A petition must be
filed with the [director] Fire Chief in writing within [ten (10)]
lQ
days
[of] after the [official administrative] ruling or interpretation. The
[director] Fire Chief may review, modify,. or affirm the initial
[administrative] ruling or interpretation with or without a hearing,. and
must send a copy of the [director's] Chiefs decision [shall be
provided] to the aggrieved party.
22-7.
Right of entry.
(a)
Generally.
ill
The [county executive, director and the superintendent of
police] County Executive, Fire Chief, and Police Chief, or their
authorized representatives, [upon] after exhibiting the proper
credentials or proof of identity on request, [shall have the right
-G9 ­
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No.
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to] may enter any building, structure." or premises (except [those
areas] any area actually occupied as a dwelling unit) without
consent of the occupants [at any time] during business or
operating hours and at [such] other times [as may be necessary]
in an emergency that immediately endangers life, property or
public safety, [for the purpose of performing] to perform duties
under this [chapter] Chapter or [enforcing the provisions
thereof] enforce this Chapter.
ill
[In the case of] For
~
multi-family [dwellings, they shall have
such right to] dwelling, the Executive, Fire Chief, and Police
Chief may only enter without consent [only] any space that is
not part of an individual dwelling unit, such [areas] as a storage
[rooms, laundries,] room, laundry room, boiler [rooms] room,
utility [rooms] room, [hallways, basements and similar spaces
not part of individual dwelling units; provided, that such
authorities] hallway, or basement.
However, the Executive,
Fire Chief, and Police Chief may enter any individual dwelling
unit.;,
®
[for the purpose of enforcing] to enforce this [chapter]
Chapter with the consent of the occupant [thereof,]; or
.an
without [such] the consent of the occupant if [they shall
first obtain] the Executive, Fire Chief, or Police Chief
obtains a search warrant [in accordance with] under
prescribed legal procedure, or [if there is a present]
during or immediately after an emergency such as a
firer,] or explosion [or the like, or immediately following
such emergency].
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BILL
No. 48-10
485
486
487
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493
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*
*
*
*
*
22-8. Report of fire and rescue [incidents] incident.
*
(b)
The Fire [Administrator] Chief, or the [Administrator's] Fire Chiefs
designee, is the custodian of each report submitted under this Section.
*
*
(b)
*
*
*
*
22-10. [General provisions applicable to permits] Permits and certificates.
Application for permit.
[All applications] Each application for a
permit required by this Chapter must be made to the [Division of Fire
Prevention] Fire and Rescue Service or [the] Department of
Permitting Services,
as
applicable,
in the
form
prescribed.
[Applications for permits] Each application must be accompanied by
[the] any plans, specifications.,. or details required by the [Director of
Fire and Rescue Services] Fire Chief or the Director of Permitting
Services, as applicable.
(c)
Inspection [prerequisite toJ betore issuance of permit.
Before a
permit may be issued, the [Director of Fire and Rescue Services] Fire
Chief or the Director of Permitting Services, as applicable, [or their
respective authorized representatives,] may inspect and approve [the
receptacles, vehicles, buildings, devices, premises, storage spaces or
areas to be used] any receptacle, vehicle, building, device, premises,
storage space, or area to be used.
(d)
Display ofpermits.
A copy of the permit must be posted at each place
of operation or carried by the permit holder as specified by the
[Director of Fire and Rescue Services] Fire Chief or the Director of
Permitting Services, as applicable.
@
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No.
48-10
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532
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*
(g)
*
*
Revocation.
Any permit or certificate issued under this Chapter may
be suspended or revoked if the [Director of Fire and Rescue Services]
Fire Chief or the Director of Permitting Services, as applicable, finds
that:
*
(h)
*
*
Authority to require exposure or stop work.
(1)
If any installation requiring a permit or inspection is covered or
concealed without having first been inspected, the [Director of
Fire and Rescue Services] Fire Chief must require by written
notice that the work be exposed for inspection. The permittee
must pay any cost of exposing and recovering the work.
(2)
If any construction or installation work is performed
In
violation of the plans and specifications as approved by the
[Director of Fire and Rescue Services] Fire Chief or the
Director of Permitting Services, as applicable, the Chief or
Director must issue a written notice [must be issued] to the
responsible party to stop work on that portion of the work
which is in violation. The notice must state the nature of the
violation, and any responsible party must not continue work
[must not be continued] on that portion until the violation has
been corrected.
[(i)
Permits issued prior to effective date.
A license or permit validly
issued prior to the effective date of this chapter shall remain valid
until its expiration date unless sooner revoked for cause.]
22-23.
Inspections.
@
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No. 48-10
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(a)
The Fire [Administrator] Chief must designate in writing a qualified
individual to serve as the County Fire Marshal. Under State law, the
County Fire Marshal serves as an assistant State fire marshal [for the
purpose of implementing and enforcing] to enforce State fire
prevention laws. The County Fire Marshal may ask the State Fire
Marshal to appoint one or more qualified employees of the
Montgomery County Fire and Rescue Service to serve as a special
assistant State fire marshal.
*
*
*
22-37. Regulating fire extinguisher service.
The [director of the department of fire and rescue services shall exercise the
following functions, powers.'). and duties]] Fire Chief must:
[(1)]
!ill
[To] administer [such] regulations [as may be determined]
necessary [for the protection and preservation of] to protect life and
property [in controlling] regarding:
[i)
ill.
[The]
ill
registration of firms [engaging in the business of
servicing] that service portable fire extinguishers;
[ii.]
IThe] registration of firms [engaging in the business of
testing]
that
hydrostatically
test
U.S.
hydrostatically
Department of Transportation specification gas cylinders used
for portable fire extinguishers;
[iiL]
ill
[The] examination of persons applying for a license to service
portable fire extinguishers;
[iv.]
ill
ill
[The] licensing of persons to servICe portable fire
extinguishers; and
[v.]
[The]
requirements
for
servICIng
of portable
fire
extinguishers [.];
®
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No. 48-10
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[(2)]
(hl
[To] evaluate the qualifications of firms or individuals for a
certificate of registration to engage
in
the business of servicing
portable fire
[(3)]
extinguishers[.]~
and
!f2
[To]
conduct examinations to ascertain the qualifications and fitness
of applicants for a license to service portable fire extinguishers.
29A-9. Reports.
*
(b)
Within [fifteen (15)]
*
*
12
days [following receipt of] after receiving a
written report from the [office] Office, the [council shall] Council
must determine whether the report, or any part of the report, [shall]
must not be made public. The only basis on which a report:! or any
part of a report:! [may] must not be made public is if the report or part
contains information that would not be available for public inspection
[pursuant to article 76A (public information) of the Annotated Code
of Maryland] under Subtitle
Article of the Maryland Code.
~
Title 10 of the State Government
*
*
*
30-12. Alcoholic beverages-Consumption on public property.
The [county executive is hereby authorized to] County Executive may, under
Method
1,.
adopt [and from time to time amend] regulations[, under method (3) of
section 2A-15 of this Code,] governing the consumption of alcoholic beverages on
"public property" as that phrase is defined in [article 2B, section 210 of the
Annotated Code of Maryland] Title 19, Subtitle
2.
of Article 2B of the Maryland
Code.
*
31-22. Applicability of Article.
*
*
*
*
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*
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BILL
No. 48-10
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594
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597
[Nothing in this article, however, shall] This Article does not apply to any
public [streets] street or parking [lots] lot acquired or operated [pursuant to chapter
86 of this Code] under Article 29 ofthe Maryland Code.
33-35.
Definitions.
*
Employee organization:
[An:]
~
*
*
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
an employee organization defined in Section 33-76 that is certified
under Section 33-79; [or]
.Gil
(£)
an employee organization defined in Section 33-102(5) that is certified
under Section 33-106; or
an employee organization defined in Section 33-148 that is certified
under Section 33-151.
*
to the Employees' Retirement System.
*
*
Membership:
the period of time that
~
member is enrolled and has contributed
*
33-38.
retirement date, and trial retirement.
*
*
Normal retirement date, mandatory retirement date, early
*
(c)
*
*
Early retirement date.
(1)
A member, other than a group G member, who has not met the
age and service requirements for a normal retirement may elect
to [retire on the first day of a month and may elect to] receive
pension payments beginning on an early retirement date the
first day of
met:
~
month after [if] the following requirements are
*
*
*
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No. 48-10
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638
639
640
641
642
643
644
645
33-41.
(a)
Credited service.
Member's credited service.
*
[(3) Credited service includes:
(A)
*
*
The time during which a member receIves servlce­
connected disability benefits under Article
VI
of this
chapter; and
(B)
Half the time during which a member receIves non­
service-connected disability benefits under article
VI
of
this chapter.
(4)
An
employee who is receiving disability benefits under article
VI
of this chapter will not be entitled to receive credited service for
any period of time during which the employee participates in either
the Montgomery County employees' retirement system or
in
another retirement system.]
[(5)]
ill
[(6)]
ill
*
*
*
*
*
*
*
*
*
[(7))
ill
(f)
*
*
*
Use ofsick leave for credited service.
An
employee [whose retirement
is effective on or after May 1, 1970, or who becomes vested on or after
October 1, 1971,] must receive credit toward retirement for any
accumulated sick leave, up to a maximum of 4,224 hours. Each 176
hours of accumulated sick leave is equal to 1 month of credited service.
Accumulated sick leave totaling less than 11 days must not be credited
for retirement purposes. Accumulated sick leave totaling 11 to 22 days
must be credited as 1 month of service for retirement purposes.
An
@-
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BILL No. 48-10
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670
671
672
employee who transfers to the Retirement Savings Plan must receive
credit toward retirement under the optional plan or integrated plan under
Section 33-37(i) for the employee's accumulated sick leave.
*
33-42.
date.
*
*
Amount of pension at normal retirement date or early retirement
*
[(g)
*
*
Calculation for members receiving benefits under the disability benefits
program.
(1)
When a member who receives disability benefits under Article VI
reaches the normal retirement date, the formula to calculate
retirement benefits must be the same as in subsection (b)(1) and
(b)(2)(A) and (B), except that the member's salary at the time of
the disability, plus cost-of-living adjustments and annual
increments, must be used to calculate the retirement benefits
instead of average final earnings.
(2)
If a member who receives disability benefits under article VI of
this chapter returns to employment covered by the retirement
system under this chapter, at the time of actual retirement, the
member must choose to receive retirement benefits:
(A)
(B)
Under this subsection;
Under subsection (b) ofthis section.]
[(h)]
(g)
(2)
*
be comprised of:
*
*
For purposes of this subsection [(h)]
{g},
the annual addition must
*
(3)
*
*
In
this subsection [(h)]
{g},
only:
-ED
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No.
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692
693
694
695
696
697
698
699
(b)
*
(4)
*
*
County elected officials' contributions that would be allocated to
county elected officials' contributions accounts of elected
officials' participants but for the limitations of this subsection
[(h)] (g), must be carried over to subsequent years and allocated
in order of time to the county elected officials' contributions
accounts which would have received such contributions but for
the limitations set forth in this subsection [(h)] (g). Amounts
carried over must be allocated by the chief administrative officer
to a suspense account that must be invested in a fixed income
fund. Any earnings of the suspense account must be allocated
ratably among the county elected officials' contributions accounts
of all the elected officials' participants except as otherwise
provided in this subsection [(h)] (g).
[(i)]
fhl
[U)]
ill
(1)
*
*
(D)
*
*
*
*
Any member employed by a participating agency is not
eligible to participate.
*
33-46.
*
*
*
Death benefits and designation of beneficiaries.
*
*
Spouse's, or domestic partner's, and children's benefits of a member
whose death is service connected.
(1)
(A)
If a member other than a Group F or G member dies while
employed by the County or a participating agency [on or
after August 15, 1965,] and the employing department or
agency,
a beneficiary,
or another person
submits
@-
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BILL No. 48-10
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701
702
703
704
705
706
707
708
709
710
711
satisfactory proof to the Chief Administrative Officer that
the employee's death resulted from injuries sustained
in
the line of duty or was directly attributable to the inherent
hazards of the duties the employee perfonned and the
death was not due to willful negligence, the County must
pay benefits as follows:
*
[(a)
*
*
33-48. [Disability retirement hearing board.] Reserved.
Establishment.
There is a disability retirement hearing board until the
board makes a final decision on all disability retirement applications
submitted to the board before the date on which the disability benefits
program under article VI of chapter 33 takes effect.
712
713
714
715
716
717
718
719
720
721
722
723
724
(b)
Composition, duties, and responsibilities.
The disability retirement
hearing board has the composition, duties, and responsibilities as were
provided by law to the board before August 11, 1985.]
33-49. [Medical review committees.] Reserved.
[(a)
Establishment.
For each disability retirement application received by
the disability retirement hearing board, the board must designate a
medical review committee. Any committee established by the board
exists until that committee makes a final report to the board on all
medical examination referred to that committee based on applications
submitted to the board before the date on which the disability benefits
program under article VI of chapter 33 takes effect.
(b)
Composition, duties, and responsibilities.
A medical review committee
has the composition, duties, and responsibilities as were provided by
law to those committees before August
11,
1985.]
725
726
*
*
*
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BILL
No. 48-10
727
33-52.
(b)
Payment of benefits.
728
729
730
731
732
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734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
*
*
*
Discontinuance of pension payments.
A member must not receive
pension payments while serving in an appointed or elected County
office that receives any compensation paid by the County. A member
appointed to a full-time County position must become a member of
the retirement system or the Retirement Savings Plan under Sections
33-37 and 33-115 and make member contributions until later
separation under Article III or Article VIII. The retirement benefit of
an employee who resumes membership in the optional or integrated
plan must be recalculated when the employee later separates from
service. The retirement benefit under the integrated or optional plans
of Article III of an employee who becomes a member of the
Retirement Savings Plan must resume when the employee later
separates from service.
*
33-84.
(c)
Strikes and lockouts.
*
*
*
*
*
If an employee or employee organization [shall violate the provisions
of] violates this Section, the employer, after adequate notice and a fair
hearing before the permanent umpire who finds that the [aforesaid)
alleged violations have occurred and [finds] that any or all of the
following actions are necessary in the public interest, may, subject to
the law enforcement officer's bill of rights, [article 27, section 727 et
seq., Annotated Code of Maryland.] Title
Safety Article of the Maryland Code:
.1.
Subtitle
1
of the Public
*
*
*
@
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BILL
No. 48-10
754
755
756
757
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764
765
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771
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773
774
775
776
777
778
779
ARTICLE VI. [DISABILITY BENEFITS.] RESERVED.
[33-86. Applicability.]
[The provisions of this article only apply to individuals who:
(1)
Are members of the retirement system under this chapter on or after
May 15, 1986, and submitted an application for disability benefits on
or after May 15,1986, but before July 1, 1989, or is an elected official
on July 1, 1989, and submitted an application for disability benefits on
or after May 16, 1986, but before December 3, 1990;
(2)
Are members of the retirement system under this chapter before May
15, 1986, but who opted into the disability benefits program under this
article and submitted an application for disability benefits on or after
May 15,1986, but before July 1,1989; or
(3)
At any time chose to participate in the elected officials' plan and
submitted an application for disability benefits on or after May 15,
1986, but before December 3, 1990.]
[33-87. Definitions.]
[(a)
In general.
In this article, the following words have the meanings indicated.
(b)
Administrator.
"Administrator" means:
(1)
The disability retirement hearing board, when the application
for benefits under this chapter is filed by a member with the
disability retirement hearing board before May 15, 1986, and
there is no final decision from the disability retirement hearing
board on the application before May 15, 1986.
(2)
For all other applications for benefits under this chapter,
administrator means the entity that contracts with the county to
administer as a third part administrator:
@-
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BILL
No.
48-10
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
(
e)
a.
The disability retirement program under section 33-43 of
this chapter; and
b.
(c)
The disability benefits program under this article.
Employee.
"Employee" means an individual who participates in the
county retirement system under article III of this chapter.
(d)
Final earnings.
"Final earnings" means:
(1)
The annual average of the regular salary of an employee less
any shift pay differential for the eighteen-month period
immediately preceding the disability or any consecutive
eighteen-month period, whichever is greater; or
(2)
For an employee whose salary has been reduced as a result of a
disciplinary action, the annual average of the regular salary of
the employee for the eighteen-month period preceding the
disability.
Non-service-connected disability.
"Non-service-connected disability"
has the same meaning as "service-connected disability" except that it
is the result of an illness or injury that was incurred while away from
the performance of duty as an employee.
(f)
Service-connected disability.
"Service-connected disability" means a
condition of an employee that:
(1)
Is the natural and proximate result of an accident occurring, an
occupational disease incurred, or a condition aggravated while
in the performance of duty as an employee;
(2)
Is not due to the willful misconduct or willful negligence of the
employee;
(3)
Makes the employee:
®
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BILL No. 48-10
806
807
808
809
810
811
a.
Incapable of performing the job that the employee
performed before the illness or injury; and
b.
Unable
to
engage
with
In
available
training,
employment
and
commensurate
the
education,
experience of the employee; and
(4)
Is likely to be permanent.]
812
[33-88. Non-service-connected disability benefits.]
[An employee may receive non-service-connected disability benefits if the
employee:
(1)
(2)
Has a non-service-connected disability;
Has five (5) years of credited service under the county retirement
system of this chapter;
(3)
Is not eligible for normal retirement under the county retirement
system of this chapter; and
(4)
(5)
Is not eligible for service-connected disability benefits; and
Has an injury or illness which occurred subsequent to enrollment in
the Montgomery County employees' retirement system.]
[33-89. Service-connected disability benefits.]
[An employee may receive service-connected disability benefits if the
employee has a service-connected disability and if the employee is not eligible for
normal retirement under the Montgomery County employees' retirement system of
this chapter.]
[33-90. Temporary disability.]
[(a)
Waiver.
In extenuating circumstances, the administrator may waive
813
814
815
816
817
818
819
820
821
822
823
824
825
826
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828
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830
831
the requirement that an employees' disability is likely to be
permanent.
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BILL
No. 48-10
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
(b)
Approval.
The administrator may approve temporary disability
benefits for one (1) or more one-year periods until the administrator
determines that the disability:
( 1)
(2)
Has ended; or
Is permanent.]
[33-91. Administrative application for benefits.]
[(a)
The chief administrative officer must notify an employee that an
application for disability benefits should be made if the employee:
(1)
(2)
Becomes
ill
or injured; and
Is unable to perform at an acceptable level of competence the
duties and responsibilities of the position to which the
employee is assigned.
(b)
If the employee fails to apply for disability benefits, the chief
administrative officer may apply on behalf of the employee.]
[33-92. Accrual of benefits.]
[Disability benefits begin to accrue on the earliest of:
(1)
The date that the employee exhausts all accrued sick and
compensatory leave in excess of eighty (80) hours; or
(2)
The date that the application for disability benefits is approved.]
[33-93. Amount of benefits.]
[The annual amount of disability benefits payable equals two (2) percent of
the final earnings multiplied by the number of years of creditable service, up to
thirty-six (36) years, plus sick leave credits, but may no be less than:
(1)
Thirty-three and one-third (33 1/3) percent of the final earnings for a
non-service-connected disability; and
(2)
Sixty-six and two-thirds (66 2/3) percent of the final earnings for a
service-connected disability.]
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BILL NO. 48-10
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
[33-94. Cost-of-Iiving adjustments.]
[(a)
Annual adjustment.
A cost-of-living adjustment must be made
annually to the disability benefits awarded under this article.
(b)
The cost-of-living adjustment must be the same as the annual
adjustment made to the uniform pay plan for county employees.]
[33-95. Reduction of disability benefits.]
[(a)
Reduction by income received.
Disability benefits may be reduced
after any cost-of-living adjustment made under section 33-94 by
income received:
(1)
As the sum of wages from employment and as the product of
net earnings minus net losses from self-employment;
(2)
From any other government group income maintenance
insurance coverage for the disability;
(3)
From social security disability benefits, including benefits
payable to dependents on account of the disability;
(4)
(5)
(b)
From any government disability plan; and
From workers' compensation.
Amount ofreduction.
The reduction must be determined according to
the following offset formula:
(1)
The first one hundred dollars ($100.00) a month of income
from a long-term disability plan to which the employee has
contributed is exempt from the offset.
(2)
The first three hundred dollars ($300.00) a month of income
from employment is exempt from the offset unless the salary of
an
employee
receIvmg
non-service-connected
disability
benefits is equal to or greater than the salary the employee
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BILL
No. 48-10
885
886
887
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890
891
892
893
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895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
would have received if the original employment had not been
interrupted.
(3)
Income from employment between three hundred one dollars
($301.00) and six hundred dollars ($600.00) a month has a one
dollar ($1.00) offset for each four dollars ($4.00) of income.
(4)
Income from employment above six hundred dollars ($600.00)
a month has a one dollar ($1.00) offset for each two dollars
($2.00) of income.
(5)
Income received under subsection (a)(2) through (5) of this
section has a one dollar ($1.00) offset for each one dollar
($1.00) of income.
(c)
Refusal of employment.
If an employee refuses to accept two (2)
offers of employment offered under section 33-98, which were
commensurate with the training, education, experience, and physical
and mental capabilities of the employee, the amount that employment
would have paid if accepted will be offset from the disability benefits
of the employee in the same manner as income from employment
under subsection (b) of this section.
(d)
Refusal oftraining.
If an employee refuses to participate in retraining
offered under section 33-98, the disability benefits received by the
employee will be reduced by half.
(
e)
Termination ofemployment.
(1)
If the employment offered by the county under section 33-98
terminates, the employee will continue to receive the amount of
disability benefits, which were offset by the income received
from the employment, that the employee received while in the
employment.
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BILL
No. 48-10
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
(2)
The administrator may restore the disability benefits in whole
or in part:
a.
b.
To facilitate reemployment; or
If the administrator determines that the employee
unable to be employed.
IS
(f)
Review of offset formula.
Every two (2) years, the county executive
must review the offset formula and recommend changes to the dollar
amounts to the county council in order to accommodate changes or no
changes in general income levels.1
[33-96. Discontinuation or termination of disability benefits.1
[The administrator must terminate disability benefits granted under this
article if the employee:
(1)
Recovers from the disability as determined by the administrator;
Fails or refuses to provide the administrator with the information that
the administrator requires; or
(2)
(3)
Reaches the normal retirement date under the county retirement
system of this chapter.1
[33-97. Medical examination.1
[Unless the administrator determines that fewer medical examinations are
needed, the administrator may require the employee to undergo annual medical
examinations.1
[33-98. Retraining and employment of employees.1
[(a)
Program established.
By regulation adopted under method
(1)
of
section 2A-IS of this Code, the county executive must develop a
program for retraining, if retraining is necessary, and employment of
employees who are receiving disability benefits under this article.
®
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BILL
No. 48-10
938
939
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941
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949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
(b)
Implementation of program.
The administrator will implement the
retraining and employment program.
(c)
Employment level.
Any employment offered to an employee under
this section must be commensurate with the training, education,
experience, and physical and mental capabilities of the employee.
(d)
Participation required.
Unless the chief administrative officer
exempts an employee based on medical evidence that would preclude
successful completion of the retraining
required to participate in the program.]
[33-99. Appeals of decisions.]
[(a)
If the county or an employee disagrees with a preliminary decision of
the administrator, the county or the employee has a right to a hearing
before the administrator. The contract between the county and the
administrator must provide procedures to:
(1)
(2)
(3)
Assure the impartiality of the hearing;
Notify the employee of the right to counsel at the hearing; and
Establish a record of the hearing that will be the basis for
subsequent reviews.
(b)
The county or the employee may appeal on the record the final
decision of the administrator to the merit system protection board
within thirty (30) days from the date that the employee receives
written notice of the decision.
(c)
The county or the employee may appeal the final decision of the merit
system protection board to a court of competent jurisdiction as
provided in the Maryland Rules of Procedure, chapter 1100, subtitle
B.]
program~
the employee is
[33-100. Regulations.]
@
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BILL NO. 48-10
965
966
967
968
969
970
971
972
973
974
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976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
[Before May 15, 1986, the county executive must adopt regulations under
method
(1)
of section 2A-15 of this Code to implement this article.]
33-86
==
33-100. Reserved.
*
33-103. Labor relations administrator.
*
*
(a)
A Labor Relations Administrator must be appointed to effectively
administer this Article as it governs selection, certification!). and
decertification procedures, prohibited practices, and the choice of a
mediator/fact-finder. The Administrator must:
*
(5)
*
*
Investigate and attempt to resolve or settle, as provided in this
article, charges of engaging in prohibited practices. However,
if the employer and a certified representative have negotiated a
valid grievance procedure, the labor relations administrator
[shall] must defer to that procedure [for the resolution of
disputes] to resolve any dispute that properly [submissible] may
be submitted to the procedure!). absent a showing that the
deferral results in the application of principles repugnant to this
[article] Article.
[Furthermore, the labor relations] The
administrator [shall] must defer to state procedures in [those
matters which are] any matter governed by the Law­
Enforcement Officers' Bill of Rights, [article 27, sections 727-­
734D, Annotated Code of Maryland] Title
Public Safety Article of the Maryland Code.
~
Subtitle
1
of the
*
33-111. Strikes and lockouts.
*
*
*
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*
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BILL
No. 48-10
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
(C)
If an employee or employee organization violates [the provisions of]
this Section, the employer, after adequate notice and a fair hearing
before the labor relations administrator who finds that the violations
have occurred and [finds] that any or all of the following actions are
necessary in the public interest, may impose any of the following
sanctions, subject to the Law-Enforcement Officers' Bill of Rights,
[article 27, sections 727--734D, Annotated Code of Maryland.] Title
1,.
Subtitle
1
of the Public Safety Article of the Maryland Code:
*
33-118.
(a)
Contribution limitations.
(1)
*
*
Maximum annual contribution.
*
(A)
*
*
$30,000, effective January 1, 1995, or $40,000, effective
January 1, 2002 (the "dollar limitation"); [or] as adjusted
.!2y
the Internal Revenue Service from time to time to
reflect cost of living increases; or
*
33-128.
(h)
Definitions.
*
*
*
*
*
Disability Arbitration Board
or
Board
means the 3 persons designated
under Section [33-43A(m)] 33-43(m) to review an appeal of the final
decision of the Administrator regarding an application for disability
benefits.
(i)
Disability Review Panel
or
Panel
means the 4 medical doctors
appointed as Panel members by the Chief Administrative Officer
under Section [33-43A(c)] 33-43(c).
*
*
*
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BILL
No. 48-10
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
33-159.
Establishment of Trust.
*
(b)
Establishment of Trust.
*
*
An Other Post Employment Benefits Trust
known as the Retiree Health Benefits Trust, effective July 1, 2007, is
established to fund all or a portion of benefits provide under the County
retiree benefit plans.
*
35-13A.
Anti-HateNiolence Fund.
*
*
*
*
*
(b)
The Department of Police may:
(1)
offer rewards for information that leads to the arrest of a person
who commits any act in the County described in Section [27­
26A] 27-22 or [Article 27, Section lOA or 470A, of the
Annotated Code of Maryland] Sections 10-302 to 10-305 of the
Criminal Law Article of the Maryland Code;
*
(e)
26B] 27-8 into the Fund.
*
*
The County must deposit any money
it
receives under Section [27­
*
35-13B.
*
*
*
*
Drug Enforcement Forfeitures Fund
*
(e)
The Chief of Police must provide [two]
2.
reports on the Fund to the
Executive and Council as follows:
*
(2)
*
*
On December 15, a report including:
*
(B)
*
*
*
*
F:\Law\BiIIs\1048 Technical Corrections\1048 BiII2.Doc
[DEFF] Fund approved budget by category;
*
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BILL No. 48-10
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
1073
35-18.
County's right of subrogation against third parties causing
disability.
[Where] If the accident, disease, disability", or death for which benefits are
payable under this [article] Article was caused under circumstances creating a legal
liability in a third party, the [county shall have] County has the right of subrogation
and [shall have the right to] may enforce, for the [county's] County's benefit, the
legal liability of [such]
~
third party, under the conditions and subject to the [same]
provisions, when applicable, [which now exist] in [article 101, section 58 of the
Annotated Code of Maryland, 1957,] Title
2
of the Labor and Employment Article
of the Maryland Code [and the provisions of such article and section are hereby
incorporated by reference as if set forth textually in this section]. Nothing [herein
shall affect] in this Section affects the [county's] County's obligation to comply
with [the provisions of section 19, article 101 of the Annotated Code of Maryland,
1957] Title
2
of the Labor and Employment Article of the Maryland Code.
*
36A-2.
Definitions.
*
*
In this [chapter] Chapter, unless the context indicates otherwise:
*
(g)
Public service company
means~
(1)
*
*
any company as defined in [article 78
§
2 of the Annotated
Code of Maryland] Section 1-101 of the Public Utility
Companies Article of the
provision[,
or]~
M~land
Code and any successor
(2)
(3)
the Washington Suburban Sanitary
Commission[,]~
or
any organization which is a member of the one-telephone­
number utility notification system.
*
*
*
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BILL
No. 48-10
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
52-11.
Real property tax [credits] credit for permanently and totally
disabled homeowners.
*
(e)
*
*
Applicability of [state] State law.
The minimum tax credit provided
[in the tax credit program provided herein] for disabled homeowners
under this Section [shall in no case] must not be less than the
minimum tax credit [provided] in [section 12F-3, article 81,
Annotated Code of Maryland] Section 9-102 of the Tax-Property
Article of the Maryland Code.
52-16C.
Real property tax recapture.
*
(c)
(1)
*
*
Taxable value ofreal property on the date ofrecognition.
Taxable value of real property on the date of recognition [shall]
must be determined by multiplying by 0.45 the consideration
received for the transfer of such property and subtracting [eight
thousand dollars ($8,000.00)] $8,000 from the resulting
product.
[Notwithstanding any of the foregoing provisions]
However, the taxable value of real property classified [pursuant
to state law] as "homestead property[,]" under [article 81,
Maryland Code Annotated, section 14A(a)] Section 9-105 of
the Tax-Property Article of the Maryland Code on the date of
recognition [shall] must be determined by multiplying by 0.40
the consideration received for the transfer of such property and
subtracting [eight thousand dollars ($8,000.00)] $8,000 from
the resulting product.
*
(e)
*
*
Exemptions from tax.
@
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BILL
No. 48-10
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
*
*
*
(2) The tax imposed [hereunder shall] under this Section does not
apply to any transfer of land:
.cAl
[transfers of land] assessed as agricultural land, under
[section] Section 52-2I(d) [of the Montgomery County
Code, as amended; nor
to]~
.ffi}
[transfers of land] classified as rezoned if [such transfers
are] the transfer is taxed under [section] Section 52-2I(e)
[of the Montgomery County Code, as amended; nor to);
or
(C)
Itransfers of land] assessed as planned development
[lands] land under [section I9(f) of article 81 of the
Annotated Code of Maryland] Title
~
Subtitle
~
of the
Tax-Property Article of the Maryland Code.
*
52-18A.
*
*
Tax credit for certain nonprofit organizations.
(a)
[There is hereby granted] The Director of Finance must grant a single
tax credit against the amount of the ordinary [county] County taxes or
any other special charges or assessments levied
against~
(1) the personal property owned by any nonprofit, non stock
cooperative housing corporation;
(2) leased real property and improvements in the [county] County
used exclusively as a theater by nonprofit community theatrical
organizations [in accordance with the conditions and provisions
of paragraphs (a) and (k-I), section 9C, article 81, Annotated
Code of Maryland] under Titles
Q
and
Article of the Maryland Code; and
2
of the
Tax-Property
®
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BILL
No.
48-10
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
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(3)
tangible personal property used to improve, replace,. or maintain
the roads, common areas, or other common facilities owned by
a nonprofit organization, association,. or foundation which was
formed [for the sole purpose of improving, replacing,. and
maintaining] solely to improve, replace, and maintain the roads,
common areas,. or other common facilities established under the
town sector or planned retirement community zones of [the
county zoning ordinance] Chapter 59 where the common
facilities are dedicated for the use of all residents of the
development without payment of fees or admissions for their
use.
(b)
The [director] Director of [finance for the county is hereby designated
to] Finance must administer the tax credits granted under [paragraphs
(a) and (k-l), section 9C, article 81, Annotated Code of Maryland]
Titles!! and
2
of the Tax-Property Article of the Maryland Code.
(c)
The [county executive is delegated authority to prepare such
regulations, adopted] County Executive may adopt regulations under
method (2) [of section
2A-15
of this Code, as the county executive
determines may be needed for the administration
0:11
to administer the
tax credits [to the extent such regulations are not inconsistent]
consistent with [section 9C, article 81, Annotated Code of Maryland]
Titles!! and
2
of the Tax-Property Article of the Maryland Code.
*
52-18B.
tax deferral.
*
*
Moderate-income multifamily rental housing facility real property
*
*
*
®
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No. 48-10
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(d)
Interest [shall] must accrue on the deferred taxes at the rate specified
in [article 81, section 48(a) of the Annotated Code of Maryland]
Sections 8-421, 10-102, 14-602, and 14-603 of the Tax-Property
Article of the Maryland Code.
52-181.
Property tax credit - Leased property - Religious organizations.
*
(g)
Maryland Tax Court.
*
*
A denial of a tax credit may be appealed [in accordance with law] to the
*
52-18Q.
*
*
Property tax credit - energy and environmental design.
(a)
Definitions.
In this [section] Section the following words have the
meanings indicated:
*
(2)
(A)
*
*
"High peiformance building"
means:
A covered building that achieves:
ill
[2.]
ill
[1.]
*
*
*
*
*
*
(B)
Any other building that achieves:
[1.]
1173
1174
ill
*
*
*
[2.]
ill
An energy and environmental design standard that
the Director of the Department of Permitting
Services finds is equivalent to the silver, gold or
platinum rating from the USGBC for LEED-NC,
LEED-CS, or LEED-EB.
1175
1176
1177
1178
1179
1180
*
(d)
*
*
Amount ofcredit.
(1)
For a covered building, the amount of the credit is:
®
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No. 48-10
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(A)
25% of the property tax owed on the building for 5 years,
if the building achieves a gold rating for LEED-NC or
LEED-CS or an equivalent standards; [or]
*
©
*
*
10% of the property tax owed on the building for
J
years,
if the building achieves the gold rating for LEED-EB or
an equivalent standard; or
*
52-18R.
Property tax credit -
*
*
renewable energy.
(a)
Definitions.
In this Section, the following words have the meanings
indicated:
[
"]Director["]
means the Director of the Department of Finance or
the Director's designee.
[H]Eligible cost["]
means the cost of buying or installing a solar or
geothermal energy device or energy conservation device, including
any part, component, or accessory necessary to operate the device,
that is installed within 12 months before a property owner submits an
application to the Department of Finance under subsection (f).
[
H]Energy conservation device["]
means a device that:
*
Maryland Code.
*
*
[H]
Tax-Property Article["]
means the Tax-Property Article of the
*
52-32.
*
*
Determination and duration of tax credit.
The tax credit [shall] must be allowed as of the taxable year "date of
finality" or "semi-annual date offinality.1" as defined in [section 2, article 81 of the
Annotated Code of Maryland, 1957.] Section 1-101 of the Tax-Property Article of
@
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No. 48-10
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the Maryland Code [Such allowance shall be made upon notice being given by the
county council to the director of finance that] if the Council notifies the Director of
Finance that the property, by reason of a conveyance, assignment, deed.,. or other
instrument recorded among the land records of the [county] County, [such real
property] is affected and servient to a scenic easement which:
(a)
(b)
[Is] is irrevocable by its own terms;
[Creates] creates a perpetual servitude [upon] on the land [therein]
described; and
(c)
[Meets] meets the basic requirements, together with the standards of
one [(1) of two (2)] of the categories [provided for in the preceding
section] in Section 52-31.
The tax credit [herein allowed, after having once been determined pursuant
to this section, shall remain] authorized under this Article remains in [full force
and] effect for all [subsequent] later tax levies made by the [county council]
Council.
52-35. [Effective date and construction] Interpretation.
[This article and the regulations hereunder shall take effect as of the date of
its passage. However, the tax credit herein provided for shall in no event affect
any tax amount due until the levy made for the fiscal year beginning July 1, 1970.]
This [article] Article is [deemed to be enacted and passed] intended to comply with
the intent and purpose of [section 12E, article 81, of the Annotated Code of
Maryland, 1957] Section 9-208 of the Tax-Property Article of the Maryland Code,
and any inconsistency [therewith] with that Section should be resolved in favor of
that [law] Section. If
f!
Court of competent jurisdiction declares any part [hereof
shall be declared] of this Article legally ineffectual [by a court of competent
jurisdiction], then [it is the intent of the county council] the Council intends that
the [whole article shall become void and of no effect] entire Article becomes
®
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BILL
No. 48-10
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ineffective. In any event, any tax [credits] credit granted [hereunder shall not be
recoverable, except where the same were] under this Article must not be recovered
unless that credit was procured by fraud, misrepresentation" or intentional mistake.
52-68.
(c)
Administration of tax credit.
*
to the Maryland Tax Court.
*
*
A denial of a tax credit may be appealed [in accordance with State law]
*
52-96.
(e)
Tax levied; rates.
*
*
*
*
As used in this Article:
(1)
*
Ton,
when [applies] applied to carbon dioxide in gaseous form,
means the amount of gas in cubic feet which is the equivalent
of 2000 pounds on a molecular weight basis.
*
54-20.
violations.
*
*
Denial where operator has been convicted of certain state law
[An] The Director may deny an initial or annual license [for the operation
of] to operate an establishment under this [division] Division [may be denied by
the director] if [he] the Director finds the owner or operator of the proposed
establishment has been convicted of violating the following provisions of [article
27 of the Annotated Code of Maryland, 1957, as amended: Sections 15 to 17
inclusive (bawdy houses and houses of ill fame; prostitution, etc.), section 125
(disorderly houses), sections 237 to 264C inclusive (gaming), section 277 (illegal
keeping of, or sale of narcotics), section 291 (opium joints), sections 121 and 122C
disturbance of the peace)] the Criminal Law Article of the Maryland Code:
ill
Section 10-202 (keeping disorderly house);
@
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BILL No. 48-10
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{hl
i£)
Title
.11.
(gaming);
Title
~
(controlled dangerous substances, prescriptions, and other
substances); or
@
Section 10-201 (disturbing the public peace and disorderly conduct).
[Nor shall such a license be issued by the director, in his discretion,] The Director
may deny an initial or annual license if the owner or operator has been convicted of
any similar [offenses] offense outside [the territorial jurisdiction of the state]
Maryland.
54-26.
Revocation or suspension generally.
*
(b)
*
*
The [director] Director may revoke or suspend any license issued
under this [division upon a finding] Division if the Director finds that
the establishment [is being so operated as to constitute] is a nuisance
[by reason] because of noise or indecent or immoral activity [on the
part of the guests]
Qy
any guest, owner, operator, or [their employees]
employee. The [director] Director may also revoke or suspend any
license issued [hereunder] under this Chapter if the owner or operator
of the establishment has, while operating the establishment, been
convicted of violating;,
ill
the provisions of [article 27 of the Annotated Code of
Maryland, 1957] the Criminal Law Article of the Maryland
Coder, set forth] listed in [section] Section
54-20~
or
ill
[of violating section 123 or 124 (] the drunkenness and
disorderly conduct[) of article 27] provisions of Section 10-201
of the Criminal Law Article of the Maryland Code while on the
licensed premises.
@
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No. 48-10
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Revocation or suspension of
~
license under this subsection [shall be
in accordance with the provisions of subsection (b) of section] must
follow the procedures in Section
54-21(hl.
56-10. Powers and authority of council generally.
*
(q)
Condemnation.
*
*
land
or
property,
including
To
condemn
improvements, and [all] any other rights, title". and interest therein, in
the name of [Montgomery] the County for [such] an urban renewal
project, [pursuant to Article Real Property, title 12, subtitle 1,
Annotated Code of Maryland, 1957, as amended] under Title 12,
Subtitle
1
of the Real Property Article of the Maryland Code.
*
60-2. Acquisition
of land
for
maintenance and sale or lease thereof.
(a)
*
*
lots;
improvement,
operation,
parking
[For the purpose of providing] To provide off-street parking facilities
for the use of the public [within] in and for each district, the [county is
hereby authorized to] County may acquire by purchase, lease,
condemnation". or otherwise any land [within] in a district, or any land
outside [of] any district, [provided that such] if the land is located in
whole or in part within [six hundred (600)] 600 feet of the boundary of
any [such] district as [now or hereafter defined] created or modified,
after public hearing [pursuant to section IIB-33] under Section IlB-46.
After acquiring [such] any land, the [county] County may improve the
[same] land for use as off-street parking lots and operate and maintain
[such]
~
parking [facilities in accordance with the provisions of] facility
under this [chapter] Chapter.
*
*
*
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BILL
No.
48-10
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Sec. 2.
Section 3 of Chapter 20 of the 2010 Laws of Montgomery
County is amended as follows:
Sec. 3.
Revenue Allocation Suspended.
Notwithstanding County Code Section 52-100, as enacted by Section 1 of
this Act, the revenue received from the tax levied under County Code Section 52­
96 in the first full fiscal year the tax is collected must be held in a special reserve
account.
Approved:
1322
1323
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1327
1328
1329
Nancy Floreen, President, COlmty COlUlcil
Date
Approved:
Leggett, COlUlty Executive
Date
1330
1331
1332
1333
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe COlUlcil
Date
@
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LEGISLATIVE REQUEST REPORT
Bill
48-10,
Technical Corrections
DESCRIPTION:
PROBLEM:
Makes technical, typographical, grammatical, and other non­
substantive corrections to County law.
Codifying several new laws revealed several technical and other non­
substantive errors that could confuse a person trying to follow or
enforce County law.
To correct technical and other non-substantive errors in the County
Code.
Council legal staff and County Attorney's Office.
To be requested.
To be requested.
Not applicable.
Not applicable.
Amanda Mihill, Council Staff(240) 777-7815
Sharon Gemperle, Office of the County Attorney (240) 777-6753
The applicability of other provisions in municipalities follows the
applicability of the underlying provision of the County Code.
Not applicable.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES: