Clerk's Note: Corrections were made to the list ofafftcted Code sections to reflect that
Bill4B-JO repealed Section 52-J6C.
CORRECTED COPY
Bill No.
48-10
Concerning: Technical Corrections
Revised:
11/23/2010
Draft No.
Introduced:
October 5,2010
Enacted:
November 23,2010
Executive:
December 6,2010
March 7, 2011
Effective:
Sunset Date:
----'-"="-"'--_ _ _ _ __
Ch.
~,
Laws of Mont. Co.
2010
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 2-11 A and 2-128
Chapter 2B, Agricultural Land Preservation
Article 6
Chapter 8, Buildings
Section 8-26
Chapter 8A, Cable Communications
Section 8A-23
Chapter 10B, Common Ownership Communities
Section lOB-5
Chapter 11 B, Contracts and Procurement
Section 11 B-49!1=U B-67
Chapter 13, Detention Centers and Rehabilitation Facilities
Section 13-8
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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 Vehides 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, 52-99
Chapter 54, Transient Lodging Facilities
Sections 54-20 and 54-26
Chapter 56, Urban Renewal and Community Development
Section 56-10
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No. 48-10
Chapter 60, Silver Spring, Bethesda, \Vheaton and Montgomery Hills Parking Lot Districts
Section 60-2
2010 Laws of Montgomery County Chapter 20
By repealing:
Chapter 33, Personnel and Hwnan Resources
Sections 33-48 and 33-49
Article VI
Sections 33-86 through 33-100
Chapter 52. Taxation
Section 52-16C
Boldface
Underlining
[Single boldface brackets]
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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1
Sec. 1. Sections 1-301, 2-11A, 2-128, Article 6 of Chapter 2B, 8-26, 8A­
23, 10B-5, IIB-49, IIB-67. 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, 33-15,
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, 52-99, 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), and Section 52-16C are repealed as follows:
1-301. Rules of interpretation.
The following rules of interpretation apply to resolutions adopted by the
Council.t [and to] laws enacted by the Council [in legislative sessionL and the County
Charter:
(a)
Boldface.
[There is] A word has no legal significance [to a word in this
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Code] solely because it appears in bold face. Bold face indicates that
the tenn is defined [in the Code] or is a heading.
*
(d)
*
*
Requirements to act by a specific date.
If the [law] Charter or Code or
~
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.
20
21
22
23
*
(h)
*
*
24
25
Title of sections.
Titles and captions are not part of the [law of the
County] Charter or Code or
~
resolution. They only advise the reader of
the content of each [section1 provision.
26
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2-11A. Evaluation
of reorganization.
28
*
(c)
*
*
29
30
31
32
33
Within [fifteen (15)]
12
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.
34
35
36
37
38
39
40
41
*
*
*
2-128. Appointment of [county attorney] County Attorney as [assistant state's
attorney] Assistant State's Attorney; powers, duties[, etc].
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.
42
43
44
45
46
(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,]
47
48
49
50
51
52
53
ill
ill
Chapter
2.
(Animal Control);
Chapter
~
(Buildings);
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56
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[(b)]
ill
Chapter 22 ([the fire code,] Fire Safety Code);
ill
ill
@
Chapter 24A (Historic Preservation);
Article
1
of Chapter 49 (Streets and Roads);
Chapter 50 (Subdivision of Land);
Chapter 59 (Zoning);
58
59
ill
[(c)]
lID
[ordinances, rules, or regulations heretofore adopted by the
60
61
board of county commissioners or hereafter adopted by the
council] any County law, and any regulation adopted
hY
the
62
63
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)]
.QQ)
any
other~
64
65
66
67
law, rule, regulation.'). or ordinance [heretofore
68
69
70
adopted by the board of county commissioners or hereafter]
adopted by the [council] Council.
(£!
[Assistant] Any assistant state's [attorneys] attorney appointed under
this [section shall] Section must serve without additional compensation.
71
72
73
74
75
76
77
@
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
prosecutions shall] Each prosecution must be brought in the name of the
[state] State or [county] County, as [may be] appropriate.
78
79
*
Article
[III1~.
*
*
80
Agricultural Advisory Committee
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2B-21. Agricultural Advisory Committee.
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83
*
8-26. Conditions of permit.
(a)
Generally.
*
*
84
85
[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
86
87
88
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 26A1 Section 31C-l, to any person except a
licensed building contractor or an authorized [agents] agent of the
licensed building contractor.
89
90
91
92
93
94
95
96
97
*
8A-23. Transfers.
*
*
*
*
98
99
100
101
102
103
104
105
106
107
*
(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)1 Section 8A-8(d)(1) through (3), (10),. and (12)
[must be provided by the proposed transferee].
The information
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III
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
112
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 information required by Section [8A-8(e)(1)] 8A-8(d)(l)
and (2).
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114
115
116
117
118
'"
lOB-5.
(h)
'"
'"
Duties of the Office of Consumer Protection.
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123
124
125
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127
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129
'"
'"
'"
advise common ownership communities and professional association
managers of changes in the laws and regulations that affect their
communities or operations; [and]
(i)
operate a dispute resolution process to furnish mediation and
administrative hearings[.]; and
'"
llB-49.
(a)
*
'"
Purchase of goods for non-profit organizations.
If
goods are needed to perform 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 [11B-39] IlB-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.
*
IIB-67. Procedures.
*
*
*
*
*
(d)
140
141
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]47
A business must affinn and provide supporting documentation to the
Director to show that it is a local small business as defined in Section
[[11B-65(c)]] 11B-65(a}. The Director may investigate and verify the
infonnation provided on the application.
*
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.
148
149
150
151
152
153
154
155
*
17-38.
(a)
[Generally] Standards.
*
*
[It
shall be unlawful for anyone to] A person must not sell or install
electrical equipment which does not [having] contain the certification of
an inspection authority approved by the [department] Department.
*
(d)
*
*
156
157
[It
shall be unlawful to] A person must not occupy or offer to sell for
occupancy any mobile home, prefabricated or modular dwelling,
industrialized building.1 or [other like] similar structure as defined in
the National Electrical Code,- without having first obtained from the
manufacturer [of such units]
~
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161
certification by the State of Maryland
[as having] that the structure has met standards contained in [state]
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174
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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.
*
19-1.
Definitions.
*
*
*
*
*
(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 14 of the Business
Occupations and Professions Article of the Maryland Code.
*
19-36.
Definitions.
*
*
*
*
*
(l)
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
183
184
185
186
187
*
20-3.
control] Department of Liquor Control.
*
*
Disbursements from revolving fund of [department of liquor
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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
Maryland Code. [; provided, that the] The signature of at least [two (2)]
2.
persons
[shall] must be required for any disbursement.
*
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 (]$50,000,000[.00)]
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
[[2.]]
16
of the Housing and
Community Development Article [[44A of the Maryland Code and
this [chapter] Chapter.
212
213
(hl
[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
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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.
W
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
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
Chiefinc1udes the Fire Chiefs designee.
*
22-1.
Short title.
*
*
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248
249
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264
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[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.
W
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
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.
®
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 (AlA).,. 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
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continue] existing when this Chapter was adopted, but not in strict
compliance with this Chapter, may continue only ifl, 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
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 detennine 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 services] 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
aggrieved by [such] the decision [shall have the right to] may appeal
to the [county board of appeals in accordance with chapter] County
Board of Appeals under Chapter 2 [of the County Code].
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
amend
~
~
joint [recommendations for the removal of) proposal to
law or regulation to eliminate the conflict [from the County
Code or the regulations adopted pursuant thereto].
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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 Chiefmay waive any
final inspection required under this Chapter which relates to the
Issuance of a certificate of use and occupancy if the registered
engmeer
or
architect
who
supervised
the
construction
or
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:
312
313
*
(f)
*
*
314
315
316
317
318
319
320
321
322
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] Fire Chief or Director must
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find in writing that the waiver complies with subsection (d) or (e)" as
applicable.
(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.
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:
*
*
means]
a
system,
condition,
338
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340
[The
term
"alternative"
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
341
342
343
344
345
346
347
348
349
Chief. In determining the acceptability of installations or procedures, equipment"
or materials, the [director] Fire Chief may base acceptance on compliance with the
NFP A 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
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with appropriate standards for [the current production of listed items,1 and the
satisfactory performance of such equipment or materials in actual usage.
*
*
*
Authority having jurisdiction:
[The phrase "authority having jurisdiction"
354
355
356
means1 the [director of fITe and rescue services1 Fire Chief.
*
Central
fire
communications
*
center:
*
[The
phrase
"central
fire
357
358
359
360
361
362
363
364
365
communications center" means1 the public fire service communication facilities
operated by the [department of fire and rescue services1 Montgomery County Fire
and Rescue Service as part of the [Montgomery1 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.1
*
*
*
[Director:
The term "director" means the director of the department of fire
366
367
368
and rescue services and shall include his authorized representatives.1
*
the Fire Chiefs designee.
*
*
Fire Chief
the Fire Chief appointed under Section
21-3.
Fire Chief
includes
369
370
Fire department:
[The phrase "fire department" means1 the [fire and rescue
371
372
373
374
services of] Montgomery County Fire and Rescue Service.
*
*
*
Fire Marshal
[The phrase "Fire Marshal"1 or ["County Fire Marshal"1
County Fire Marshal:
[means] a qualified employee of the Montgomery County
375
Fire and Rescue Service designated by the Fire [Administrator] Chief as the
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County Fire Marshal.
[The phrase]
Fire Marshal
includes the Fire Marshal's
designee,. unless the context clearly indicates otherwise.
Fire official:
[The phrase "fire official" means] any person servmg as a
designated employee, representative,. or agent of the [fire and rescue services of]
Montgomery County Fire and Rescue Service.
*
*
*
Representative:
[The term "representative" means] a person duly appointed
in the name of the [director for the purpose of administering or enforcing ] Fire
Chief to administer or enforce this [code] Chapter.
*
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.
402
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No. 48-10
403
404
405
406
407
408
409
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411
(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
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.,. and handling of explosive, flammable, toxic,
corrosive.,. and other hazardous gaseous, solid.,. and liquid
materials[.];
(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.,. 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,
- 19­
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413
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415
416
417
418
419
420
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BILL No. 48-10
430
431
432
433
434
435
436
437
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439
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443
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446
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448
449
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451
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456
hospitals, churches, halls, theatres,
places in which people work,
live~
amphitheatres~
and all other
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~
or any other [aspects] aspect of construction different from
[those which were identifiably included in] the original or amended
[submission of]
specifications~
subdivision,
site~
or construction plans and
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.
(f)
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 on
while enforcing this [chapter] Chapter. [Such] A petition must be
filed with the [director] Fire Chief in writing within [ten (10)] 10 days
[of] after the [official administrative] ruling or interpretation. The
[director] Fire Chief may review,
- 20­
modify~
or affirm the initial
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No. 48-10
457
458
459
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483
[administrative] ruling or interpretation with or without a
hearing~
and
must send a copy of the [director's) Fire 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
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:
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No. 48-10
484
485
486
487
488
489
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509
510
®
ffi.)
[for the purpose of enforcing] to enforce this [chapter]
Chapter with the consent of the occupant [thereof,]; or
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
fire[,] or explosion [or the like, or immediately following
such emergency].
*
*
(b)
*
*
*
*
22-8. Report of fire and rescue [incidents] incident.
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 to] before issuance of permit.
Before a
permit may be issued, the [Director of Fire and Rescue Services] Fire
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No. 48-10
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512
513
514
515
516
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528
529
530
531
532
533
534
535
536
537
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.
*
(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)
(1)
*
*
Authority to require exposure or stop work.
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
III
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
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BILL NO. 48-10
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
which is in violation. The notice must state the nature of the
violation, and any responsible
mrr!Y
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.
(a)
Inspections.
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 F ire 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;
[iLl
IThe] registration of firms [engaging in the business of
testing]
- 24­
hydrostatically
that
hydrostatically
test
U.S.
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BILL
No. 48-10
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566
567
568
569
570
Department of Transportation specification gas cylinders used
for portable fire extinguishers;
[iii.]
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
servIcmg
of portable
fire
571
572
extinguishers [.];
[(2)]
573
574
575
ill
[To] evaluate the qualifications of firms or individuals for a
certificate of registration to engage in the business of servicing
portable fire extinguishers[.]; and
[(3)]
(£l
[To] conduct examinations to ascertain the qualifications and fitness
of applicants for a license to service portable fire extinguishers.
29A-9. Reports.
576
577
578
579
580
581
*
(b)
Within [fifteen (15)]
*
*
.li
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.1 [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
§,.
Title
lQ
of the State Government
Article of the Maryland Code.
582
583
584
585
586
587
588
589
*
*
*
590
30-12. Alcoholic beverages-Consumption on public property.
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No. 48-10
591
592
593
594
595
596
597
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599
The [county executive is hereby authorized to] County Executive may, under
Method
J.,.
adopt [and from time to time amend] regulations[, under method (3) of
section 2A-I5 of this Code,] governing the consumption of alcoholic beverages on
"public property" as that phrase is defmed in [article 2B, section 210 of the
Annotated Code of Maryland] Title 19, Subtitle
Code.
~
of Article 2B of the Maryland
*
31-22. Applicability of Article.
*
*
*
*
*
600
601
602
[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.
33-15. Judicial review and enforcement.
603
604
(a)
Any aggrieved merit system employee, or applicant, or the chief
administrative officer may obtain judicial review of a merit system
protection board order or decision from the circuit court for the county
in the manner prescribed under [[chapter 1100, subtitle
605
606
607
Bll
Chapter
608
609
200 of Title 7 of the Maryland Rules of Procedure. In addition, with
respect to orders or opinions relating to personnel of Montgomery
County fire and rescue corporations, the independent fire and rescue
corporation affected by the merit system protection board order, as
well as any aggrieved fire and rescue corporation employee, may
obtain judicial review of the board's order or decision as provided in
this section.
(b)
The court, in hearing the case, shall apply the judicial reVIew
standards as set forth in the Maryland [[administrative procedures
act]] Administrative Procedures Act, [[article 41, Maryland Code
610
611
612
613
614
615
616
617
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Bill
No. 48-10
618
619
620
Annotated, section 255]] Subtitle
2
of Title 10 of the State
Government Article of the Maryland Code. The court review shall be
on the basis of the record before the board. Judicial review of board
decisions issued hereunder also includes appellate review by the
[[special courts of appeals of Maryland]] Court of Special Appeals.
621
622
623
624
625
626
*
33-35.
Definitions.
*
*
*
*
*
Employee organization:
[An:]
ill}
627
628
an employee organization defined in Section 33-76 that is certified
under Section
33-79~
[or]
629
630
631
632
633
634
(Q)
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
635
636
637
*
33-38.
Normal
retirement date, and trial retirement.
*
*
retirement date, mandatory retirement date, early
638
639
640
*
(c)
Early retirement date.
*
*
641
642
643
644
(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
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BILL No. 48-10
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
first day of
~
month after [if] the following requirements are
met:
*
33-41.
(a)
*
*
Credited service.
Member's credited service.
*
[(3) Credited service includes:
(A)
*
*
The time during which a member receIves servIce­
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.
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No. 48-10
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
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
employee who transfers to the Retirement Savings Plan must receive
credit toward retirement under the optional plan or integrated plan under
Section 33-37(0 for the employee's accumulated sick leave.
*
33-42.
date.
*
*
Amount of pension at normal retirement date or early retirement
*
[(g)
program.
(1)
*
*
Calculation/or members receiving benefits under the disability benefits
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) of this section.]
[(h)]
(g)
*
*
*
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No. 48-10
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
(2)
For purposes of this subsection [(h)]
00,
the annual addition must
be comprised of:
*
(3)
(4)
*
*
*
In this subsection
[(h)]
00,
only:
*
*
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)]
00,
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)]
00.
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)]
00.
[(i)]
(h)
*
*
(D)
(0)]
ill
(1)
*
*
*
*
Any member employed by a participating agency is not
eligible to participate.
*
33-46.
*
*
*
Death benefits and designation of beneficiaries.
*
(b)
*
Spouse's, or domestic partner's, and children's benefits of a member
whose death is service connected.
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BILL
No. 48-10
725
726
727
728
729
730
731
(l)
(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
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 performed and the
death was not due to willful negligence, the County must
pay benefits as follows:
732
733
734
735
736
737
*
[(a)
*
*
33-48. [Disability retirement hearing board.] Reserved.
Establishment.
There is a disability retirement hearing board until the
738
739
740
741
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.
(b)
Composition, duties, and responsibilities.
The disability retirement
742
743
744
745
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
746
747
748
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.
- 31 ­
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750
751
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No. 48-10
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753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
(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.]
*
33-52.
Payment of benefits.
*
*
*
*
*
(b)
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.
Strikes and lockouts.
*
*
*
*
*
(c)
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
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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:
~
Subtitle
1
of the Public
*
[33-86. Applicability.]
*
*
ARTICLE VI. [DISABILITY BENEFITS.] RESERVED.
[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.
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(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:
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.
(e)
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.
(t)
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;
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850
851
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853
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(2)
Is not due to the willful misconduct or willful negligence of the
employee;
(3)
Makes the employee:
a.
Incapable of performing the job that the employee
performed before the illness or injury; and
b.
Unable
to
engage
with
III
available
training,
employment
and
commensurate
the
education,
experience of the employee; and
(4)
Is likely to be permanent.]
[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.]
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870
871
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875
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877
878
879
880
881
882
883
[(a)
Waiver.
In extenuating circumstances, the administrator may waive
the requirement that an employees' disability is likely to be
permanent.
(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:
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(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.]
[33-94. Cost-of-living 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.
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(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
receiving
non-service-connected
disability
benefits is equal to or greater than the salary the employee
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.
914
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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.
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(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.
(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.]
[33-96. Discontinuation or termination of disability benefits.]
[The administrator must terminate disability benefits granted under this
article if the employee:
(1)
(2)
Recovers from the disability as determined by the administrator;
Fails or refuses to provide the administrator with the information that
the administrator requires; or
(3)
Reaches the normal retirement date under the county retirement
system of this chapter.]
[33-97. Medical examination.]
[Unless the administrator determines that fewer medical examinations are
needed, the administrator may require the employee to undergo annual medical
examinations.]
[33-98. Retraining and employment of employees.]
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[(a)
Program established
By regulation adopted under method (1) of
section 2A-15 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.
(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 program, the employee is
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.
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(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.]
[33-100. Regulations.]
[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.1 and
decertification procedures, prohibited practices, and the choice of a
mediatorlfact-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.1 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-­
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1038
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734D, Annotated Code of Maryland] Title
Public Safety Article of the Maryland Code.
~
Subtitle
1
of the
*
33-111. Strikes and lockouts.
*
*
*
*
*
(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
~
Subtitle
1
of the Public Safety Article of the Maryland Code:
*
33-118.
*
*
Maximum annual contribution.
(a)
Contribution limitations.
(1)
*
(A)
*
*
$30,000, effective January 1, 1995, or $40,000, effective
January 1, 2002 (the "dollar limitation"); [or] as adjusted
Qy
the Internal Revenue Service from time to time to
reflect cost of living increases; or
*
33-128.
Definitions.
*
*
*
*
*
(h)
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
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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).
*
33-159.
(b)
Establishment of Trust.
*
*
*
*
Establishment of Trust.
*
An
Other Post Employment Benefits Trust
known as the Retiree Health Benefits Trust, effective July I, 2007, is
established to fund all or a portion of benefits provide under the County
retiree benefit plans.
*
35-13A.
(b)
Anti-HateNiolence Fund.
*
*
*
*
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 ofthe Maryland Code;
1062
1063
*
(e)
26B] 27-8 into the Fund.
*
*
1064
1065
1066
1067
1068
The County must deposit any money it receives under Section [27­
*
35-13B.
(e)
*
*
*
*
Drug Enforcement Forfeitures Fund
*
1069
The Chief of Police must provide [two]
- 43­
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Executive and Council as follows:
*
(2)
*
*
*
*
*
On December 15, a report including:
*
(B)
[DEFF] Fund approved budget by category;
*
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] g 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
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1112
Companies Article of the Maryland Code and any successor
provision[,
or]~
(2)
(3)
the Washington Suburban Sanitary
Commission[,]~
or
any organization which is a member of the one-telephone­
number utility notification system.
*
52-11.
disabled homeowners.
*
*
Real property tax [credits] credit for permanently and totally
*
(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.]]
[[(a)
Tax levied; basis; rate.
There is hereby imposed upon the occasion of
the transfer of real property located in the county a tax on the amount
by which the taxable value of such property on the date of recognition
exceeds the assessed valuation of that property. The tax shall be
calculated by mUltiplying the amount so determined by three dollars
and seventy cents ($3.70) per one hundred dollars ($100.00).
(b)
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
Assessed valuation.
(1)
Subject to the provisions in paragraph (2) of this subsection,
"assessed valuation" shall mean the actual assessed valuation of
such property on which annual property taxes are payable as
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detennined on the date of finality immediately preceding the
date of recognition.
(2)
If the boundary lines of a parcel of real property on which the
tax imposed hereunder differ on the date of recognition from
the boundary lines of the real property of which that parcel was
a part on the date of finality immediately preceding the date of
recognition, the assessed valuation of such parcel shall be
detennined by allocating to that parcel a pro rata share of the
assessed valuation of that real property which, on the preceding
date of finality, encompassed the parcel being transferred.
(C)
Taxable value ofreal property on the date ofrecognition.
(1)
Taxable value of real property on the date of recognition [shall]
must be detennined 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 detennined 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.
(2)
If, subsequent to the date of finality immediately preceding the
date of recognition, bettennents have been made to real
property subject to the tax imposed by this section, the cost of
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such betterments incurred by the person transferring the
property may be deducted from the consideration received for
the transfer of that property prior to calculating the taxable
value of such real property on the date of recognition.
(d)
Definitions.
For the purpose of this section, the following words and
phrases shall have the meanings respectively ascribed to them:
Assessed Valuation. That valuation determined in accordance with
subsection (b) of this section.
Betterments. All physical changes to the property which tend to
increase the value thereof.
Consideration shall be determined as follows:
(1)
In the case of a transfer of real property in fee simple,
consideration shall be determined in accordance with
section 52-19 of this chapter.
(2)
In the case of a transfer of a partial interest in real
property, the value of the interest transferred shall be
used to construe the value of the entire property.
Date of Finality. January 1, the date as of which assessments of real
property become final for the taxable year next following.
Date of Recognition. The date on which the transfer of real property
takes place.
Major Betterments. Improvements which cause an increase in the
value of improvements on the property by more than two hundred
(200) percent.
New Construction. The improving of property on which no previous
improvements existed.
Real Property. Land and improvements thereon.
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1196
Taxable Value of Real Property on the Date of Recognition. That
value determined in accordance with subsection
(C)
of this section.
Transfer shall include:
(1)
(2)
(e)
The transfer of real property in fee simple.
The transfer of a partial interest in real property.
Exemptions from tax.
(1)
The tax imposed hereunder shall not apply to the initial transfer
of property on which there is new construction or on which
major betterments have been constructed subsequent to the date
of finality immediately preceding the date of recognition.
(2)
The tax imposed [hereunder shall] under this Section does not
apply to any transfer of land:
®
[transfers of land] assessed as agricultural land, under
[section] Section 52-21(d) [of the Montgomery County
Code, as amended; nor
to]~
.an
[transfers of land] classified as rezoned if [such transfers
are] the transfer is taxed under [section] Section 52-21(e)
[of the Montgomery County Code, as amended; nor
or
to]~
(Ql
Itransfers of land] assessed as planned development
[lands] land under [section 19(t) of article 81 of the
Annotated Code of Maryland] Title
~
1197
1198
1199
Subtitle
2
of the
Tax-Property Article of the Maryland Code.
(3)
The tax imposed hereunder shall not apply to the transfer of real
property by any nonprofit hospital or nonprofit religious or
charitable organization, association or corporation, nor by any
municipality,
county
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or
state
government
or
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No. 48-10
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instrumentalities, agencies or political subdivisions thereof, nor
to the transfer of real property by will or descent.
(4)
The tax imposed hereunder shall not apply to the transfer of real
property made pursuant to a bona fide written contract or
agreement entered into prior to the date on which this section
becomes law; provided, that the director of finance may require
satisfactory proof that the contract or agreement was entered
into prior to such date.
(5)
In the event a parcel of real property is transferred more than
once between dates of finality, the tax imposed hereunder shall
be collected only once; provided, that no boundary lines have
been changed or no improvements have been made subsequent
to the initial date of recognition. In the event boundary lines
changed, the assessed valuation shall be determined
accordance with paragraph (b)(2) of this section.
(1)
In
Payment o/tax.
(l)
The transferor of property subject to the tax imposed hereunder
shall be solely liable for the payment of the tax. The tax shall be
paid at the time of or prior to the presentation of any instrument
to the county supervisor of assessments for transfer of any
interest in real property on the assessment records of the
county. In the case of a transfer of an interest in real property
which is not required by law or ordinance to be transferred on
the assessment records of the county, the tax shall be paid
before any instrument conveying such interest shall be
presented to the clerk of the circuit court for recordation.
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(2)
The tax shall be paid to the director and payment shall be
evidenced by fixing an official stamp upon the deed or
instrument by the director or his authorized representative
showing the amount of the tax paid. Where the director, after
payment, determines that a greater tax is due, the difference in
tax shall then be immediately due and payable. Interest shall
run at a rate of eight (8) percent per annum from the date of
initial payment on the amount of the additional tax due.
(3)
Prior to the time of payment, the taxpayer shall submit to the
director a report upon such forms and setting forth such
information as the director may prescribe. The director may, at
his discretion, require satisfactory proof of any information
contained in such forms.
(g)
Appraisal of property; additional tax due.
Where the director has
reason to believe the consideration for an interest in real property has
been incorrectly stated by the taxpayer, the director may cause to be
made an appraisal of the property in question. If such appraisal shows
a different value from that reported by the taxpayer, and if the director
then determines that a greater tax is due, the greater tax shall
immediately be due and payable. If, prior to such determination by the
director, the property has been transferred and the tax imposed
hereunder has been paid at the lesser amount, interest on the
difference in tax due shall run at the rate of eight (8) percent per
annum from the date of initial payment. The transferor and transferee
shall be jointly and severally liable for payment of the difference in
tax due.
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(h)
Appeals.
In accordance with the jurisdictional approval of the state
department of assessments and taxation, any decision made by the
director under the provisions of this section may be appealed by any
aggrieved party to the property tax assessment appeal board of the
county not later than thirty (30) days following the mailing of the
notice of such decision by the director. In the event the aforesaid
appeal procedure is not approved by the state department of
assessments and taxation, appeals from any decision of the director
under the provisions of this section may be made by any interested or
aggrieved party to the circuit court for the county, which shall have
the power to affinn the decision, or if such decision is not in
accordance with law, to modify or reverse such decision, with or
without remanding the case for rehearing. Whenever any such appeal
is taken, a copy thereof shall be served on the director by the appellant
in accordance with the Maryland Rules of Procedure. The director
shall, in accordance with the Maryland rules, file with the circuit court
originals of all papers and evidence presented, together with a copy of
his opinion. Any party to the proceeding may introduce additional
evidence in the circuit court. Any party to the proceeding in the circuit
court may appeal the decision of the circuit court to the court of
special appeals within thirty (30) days of the decision. The review
proceedings provided by this section shall be exclusive.]]
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~
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No.
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(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-1), section 9C, article 81, Annotated
Code of Maryland] under Titles
Q
and .2 of the Tax-Property
Article of the Maryland Code; and
(3)
tangible personal property used to improve, replace.1 or maintain
the roads, common areas, or other common facilities owned by
a nonprofit organization, association.1 or foundation which was
formed [for the sole purpose of improving, replacing.1 and
maintaining] solely to improve, replace, and maintain the roads,
common areas.1 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-1), section 9C, article 81, Annotated Code of Maryland]
Titles
Q
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 of] to administer the
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No. 48-10
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tax credits [to the extent such regulations are not inconsistent]
consistent with [section 9C, article 81, Annotated Code of Maryland]
Titles
2
and
2
of the Tax-Property Article of the Maryland Code.
*
52-18B.
tax deferral.
*
*
Moderate-income multifamily rental housing facility real property
*
(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.
(g)
Property tax credit - Leased property - Religious organizations.
*
Maryland Tax Court.
*
*
A denial of a tax credit may be appealed
[in
accordance with law] to the
*
52-18Q.
(a)
Definitions.
*
*
Property tax credit - energy and environmental design.
In this [section] Section the following words have the
meanings indicated:
*
(2)
(A)
*
*
"High performance building"
means:
A covered building that achieves:
ill
[2.]
ill
[1.]
*
*
*
*
*
*
*
(B)
Any other building that achieves:
[1.]
ill
*
*
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[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.
*
(d)
Amount ofcredit.
*
*
(1)
For a covered building, the amount of the credit is:
(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]
*
*
*
tid
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.
(a)
Property tax credit -
*
*
renewable energy.
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.
["]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
(t).
["]Energy conservation device
["]
means a device that:
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*
Maryland Code.
*
*
[U]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 of finality.')." as defined in [section 2, article 81 of the
Annotated Code of Maryland, 1957.] Section 1-101 of the Tax-Property Article of
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.]
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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
~
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
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.
Administration of tax credit.
*
(c)
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.
*
*
(d)
*
*
*
*
52-99. Collection; interest and penalties; violation; lien.
Any failure to pay the tax when due under Section [[52-97]] 52-98,
and any violation of Section [[52-97]] 52-98 of this Section, is a Class
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No.
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