Agenda Item 4A
September 20, 2016
Action
MEMORANDUM
September 16,2016
TO:
FROM:
SUBJECT:
County Council
Josh Hamlin, Legislative
Attome~
.\
Action: Expedited Bill 29-16, Fire Safety Code - Administration - Reorganization
Planning, Housing and Economic Development Committee recommendation (3-0):
enact the Bill as amended.
Expedited Bill 29-16, Fire Safety Code - Administration - Reorganization, sponsored by
Lead Sponsor Council President at the request ofthe County Executive, was introduced on July 12,
2016. A public hearing was held on August 2 and a Planning Housing and Economic Development
Committee worksession was held on September 15. Expedited Bill 29-16 is the legislative
component of the transfer of certain fire code inspection services that was given effect by the
approval of the FY17 Operating Budget.
Expedited Bill 29-16 would:
transfer the Fire Code Compliance Section to the Department of Permitting Services
and provide that certain duties performed by the Fire Code Compliance Section must
be performed by the Department of Permitting Services;
transfer to the Department of Permitting Services responsibility to implement certain
fire prevention and fire code compliance obligations imposed under Chapter 22, Fire
Safety Code;
identify the duties and responsibilities of the fire code inspectors;
provide that the Montgomery County Fire and Rescue Service retains authority for
fire and explosive investigations;
identify who may become assistant State fire marshal, special assistant State fire
marshal, and deputy State fire marshal pursuant to State law; and
generally amend the law related to the administration and enforcement of the Fire
Safety Code.
Public
Heari~g
and Correspondence
A public hearing on Expedited Bill 29-16 was held on August 2, at which there was one
speaker. Diane Jones testified on behalf of the County Executive
in
support ofthe Bill (©41). Ms.
Jones pointed out that certain fire code inspection services that were transferred from Montgomery
County Fire and Rescue Services (MCFRS) to the Department of Permitting Services (DPS) in
2012 resulted in increased efficiency and "millions of dollars of cost savings." She noted that not
all inspection services were transferred in 2012, and that Expedited Bill 29-16 is the last step in
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the transfer of these services, which were effectuated with the approval of the FY17 Operating
Budget. Ms. Jones indicated that this transfer "is expected to result in increased efficiencies of
costs and staffing and improved consistency of interpretation and application of the same NFP A
Code."
The Council also received a statement from the Apartment and Office Building Association
of Metropolitan Washington (AOBA) expressing "strong support" for the Bill (©42-44). AOBA
welcomes the lower costs and shorter review times that are expected to result from the transfer of
remaining fire code inspection services to DPS.
Background and Staff Recommendation
As mentioned in the County Executive's memorandum, Expedited Bill 29-16 is the
legislative implementation of a reorganization that was discussed and funded as part of the
Council's approved FY17 Operating Budget (see ©45-53). As noted by Diane Jones in her public
hearing testimony, fire code inspection services related to new construction were transferred to
DPS in 2012. This Bill (in conjunction with the approval ofthe 2017 Operating Budget) serves to
transfer remaining inspection services related to existing buildings from MCFRS to DPS. MCFRS
will still be authorized to enter buildings in emergency situations and will continue to oversee all
fire and explosive investigations.
The PHED Committee discussed the transfer at its April 25, 2016 budget worksession.!
The DPS budget including the transfer was recommended by Council staff in the packet for that
worksession, and approved as part of the FY17 Operating Budget (see ©54-56). The DPS Fire
Prevention and Fire Code Compliance Program is described in the Approved FY17 Operating
Budget as follows:
The Fire Prevention and Fire Code Compliance program is responsible for ensuring
public safety through enforcement of the National Fire Codes and Standards, the
Montgomery County Fire Code and Maryland State Fire Prevention Codes. This is
accomplished through plans review, permit issuance and inspections of fire
protection systems and fire alarm systems for new construction. The program is
also responsible for preventive inspections for existing occupied facilities within
Montgomery County. This program issues Fire Code Compliance permits and
operational permits for all businesses, schools, multi-family buildings, healthcare
facilities, places ofworship and all other commercial buildings or occupancies. This
program also responds to and investigates code violations through a complaints
program.
Technical and corrective amendments:
Since Expedited Bill 29-16 was introduced, Council
staff was informed of certain technical and corrective amendments to the introduced Bill. These
changes are limited to stylistic amendments using the current legislative drafting conventions and
correction of typographical errors.
I
The complete packet for the April 25
PHED
Committee worksession may be accessed at:
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6/16Q4l5120
l2..Q5.2LPHED
Ll?91
The worksession may be viewed at:
http://montgomerycountymd.granicus.comiMediaPlaver.php?view id=136&cJip id=11504
2
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Committee recommendation:
enact Expedited Bill 29-16 with the technical and
corrective amendments.
This packet contains:
Expedited Bill 29-16
Legislative Request Report
County Executive Memo
Fiscal and Economic Impact statement
Diane Jones Testimony
AOBA Statement
DPS Approved FY17 Budget
Discussion from April 25 PHED Packet
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Circle #
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Expedited Bill No. ----:-'=2=9--'.1=6_ _ __
Concerning: Fire
Safety
Code
Administration - Reorganization
Revised: June 29, 2016 Draft No. _3_
Introduced:
July 12.2016
Expires:
January 12. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ----'-!.No=n=e'---_ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR
MONTGOMERY COUNTY,
MARYLAND
Lead Sponsor: Council President at the request of the County Executive
AN EXPEDITED ACT
to:
(1)
transfer the Fire Code Compliance Section to the Department of Permitting Services
and provide that certain duties performed by the Fire Code Compliance Section must
be performed by the Department of Permitting Services;
(2)
transfer to the Department of Permitting Services responsibility to implement certain
fire prevention and fire code compliance obligations imposed under Chapter 22, Fire
Safety Code;
(3)
identifY the duties and responsibilities of the fire code inspectors;
(4)
provide that the Montgomery County Fire and Rescue Service retains authority for
fire and explosive investigations;
(5)
identifY who may become assistant State fire marshal, special assistant State fire
marshal, and deputy State fire marshal pursuant to State law; and
(6)
generally amend the law related to the administration and enforcement of the Fire
S8fety Code
By amending
Montgomery County Code
Chapter 2.
In
General
Section 2-42B
Chapter 22. Fire Safety Code
Sections 22-1,22-2,22-3, 22-4A, 22-5, 22-6, 22-7, 22-9, 22-10, 22-13, 22-14, 22-15, 22-15A,
22-16,22-18,22-23,22-31,22-33,22-37,22-39, 22-41, 22-44, 22-45, 22-46, 22-50, 22-75,
22-79,22-88,22-96
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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EXPEDITED BILL
No. 29-16
1
Sec.
1.
Sections 2-42B, 22-1,22-2, 22-3, 22-4A, 22-5, 22-6, 22-7, 22-9, 22-10,
22-13,22-14, 22-15. 22-15A, 22-16, 22-18,22-23,22-31,22-33,22-37,22-39,22-41,
22-44, 22-45, 22-46, 22-50, 22-75, 22-79,22-88 and 22-96 are amended as follows:
2-42B. Functions; Advisory Committee.
(a)
Functions.
The Department of Permitting Services is responsible for:
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3
4
5
6
7
(1)
reviewing building plans and specifications, building permits,
occupan<;y permits, and licensing facilities for compliance with
fire prevention law. In exercising these functions, the Director of
Permitting Services [must] may consult with the Director of Fire
and Rescue Services in all matters involving the interpretation,
application, or revision of fire prevention laws and codes.
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9
10
11
12
13
14
15
16
17
(2)
code enforcement, inspection, and licenses (except where those
functions are assigned by law to another department or agency),
including:
***
(C) Issumg building,
electrica1.~
fire alarm, fire protection
system, mechanical, stormwater discharge, and on-site
water supply and sewage disposal permits;
(D) administering and enforcing agricultural preservation and
historic resources laws and regulations[.]; and
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.em
administering and enforcing the fire safety code, pursuant to
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23
§
22-6(d).
***
22-2. Purpose; intent.
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***
(b)
Where no specific standard or requirement is specified in this Chapter, or
any other applicable law or regulation, compliance with applicable
:(D
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EXPEDITED BILL
No. 29-16
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standards of the National Fire Protection Association (NFPA),
International Code Council (ICC), American Insurance Association
(AIA), or any other nationally recognized fire safety standard approved
by the [Fire Chief] Director ofPermitting Services is prima facie evidence
of compliance with this Chapter.
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***
22-3. Construction and scope of chapter.
(a)
This Chapter applies to existing conditions and to conditions arising after
this Chapter was adopted. However, a condition legally existing when
this Chapter was adopted, but not in strict compliance with this Chapter,
may continue only if the [Fire Chief] Director finds that the condition is
not a distinct hazard to life or property.
***
(d)
Nothing in this Chapter [shall be construed to limit] limits the authority
of any [fire officer] individual who has been appointed [deputy or special
deputy] an assistant State fire marshal or special assistant State fire
marshal in accordance with the Public Safety Article [article 38A] of the
Annotated Code of Maryland, or the authority granted by other laws or
codes.
(e)
This Chapter does not render any other applicable law or regulation
invalid. If a conflict arises between this Chapter and another law or
regulation, the fire marshal and the head of the agency responsible for
enforcing the conflicting law or regulation must agree which applies. If
they cannot agree, any remaining conflict must be referred to the [Fire
Chief] Director. The decision of the [Fire Chief] Director in any matter
relating to fire safety in or for
any
building, structure, area, or premises is
final. Within 30 days after any remaining conflict has been resolved, the
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(i)
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EXPEDITED BILL
No. 29-16
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[Fire
Chie:~
Director and the head ofthe agency responsible for enforcing
the conflicting law or regulation must forward to the County Executive a
joint proposal to amend a law or regulation to eliminate the conflict.
***
22-4A. Certification procedure.
(a)
The Director [of Permitting Services], in accordance with Chapter 8, may
recommend a waiver of an examination of plans for the erection or
alteration of a building which involve structural work or structural
changes affecting public safety or health if:
***
(b)
The [Fire Chief] Director may waive all or part of the regular field
inspection ofconstruction ifthe architect or engineer certifies to the [Fire
Chief] Director that:
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***
(c)
The [Fire Chief] Director may waive any final inspection under this
Chapter which relates to the issuance ofa certificate ofuse and occupancy
if the registered engineer or architect who supervised the construction or
reconstruction of the building certifies to the [Fire Chief] Director under
oath that:
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(
e)
***
(d)
The Director [of Permitting Services] may grant a waiver related to plan
review under subsection (a) if the waiver is warranted in light of
subsection (a) and:
***
The [Fire Chief] Director may grant a waiver related to construction
inspection, and use and occupancy inspection under subsections (b) and
(
c), if the waiver is warranted in light of subsections (b) and (c) and:
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ExPEDITED BILL
No. 29-16
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***
(f)
The [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. [Either the Fire Chief or the]
The Director [of Permitting Services] has complete discretion to approve
or reject a waiver. The decision of
th~
[Fire Chief or the] Director [of
Permitting Services] is [mal, and no appeal may be taken. If [either the
Fire Chief or] the Director [of Permitting Services] grants a waiver, the
[Fire Chief or] Director must find in writing that the waiver complies with
subsection (d) or (e), as applicable.
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(g)
The Director [of Permitting Services] may grant a waiver under this
Section only to the extent[:
(1)]
(2)
permitted under State and locallawl; and
delegated by the Fire Chief].
22-5. Definitions.
In this Chapter, the following words have the following meanings:
Agent[:
The term "agent"] means any person who [shall have] has charge, care
or control of any building as owner, or agent of the owner, or as executor,
executrix, administrator, administratrix, trustee or guardian of the estate of the
owner. Any such person representing the actual owner [shall be bound to] must
comply with the provisions of this code to the same extent as if he were the
owner.
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Air supported structure
[:
The phrase "air supported structure"] means a
structural and mechanical system which is constructed ofhigh strength fabric or
film and achieves its shape, stability and
~upport
by pretensioning with internal
at.r pressure.
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EXPEDITED BILL
No. 29-16
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Alternative[:]
means a system, condition, arrangement, material, or equipment
submitted to the [Fire Chief] Director as a substitute for a code requirement.
Approved[:]
means acceptableJo the [Fire Chief] Director. In detennining the
acceptability of installations or procedures, equipment, or materials, the [Fire
Chief] Director may base acceptance on compliance with the NFPA or other
appropriate standards.
In the absence of such standards, the [Fire Chief]
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Director may require evidence of proper installation, procedure, or use. The
[Fire Chief] Director may also refer to the listings or labeling practices of any
nationally recognized testing laboratory, inspection agency, or other
organization which evaluates products and can determine compliance with
appropriate standards for and the satisfactory performance of such equipment or
materials in actual usage.
Approvedplastic container[:
The phrase "approved plastic container"] means
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a plastic container of not more than five (5) gallons capacity which has been
labeled by Underwriters Laboratories, Inc., or Factory Mutual, Inc., as being
suitable for the storage of Class I t1ammable liquids.
Assembly[:
The term "assembly"] means places of assembly including, but not
limited to, all buildings or portions ofbuildings used for gathering together fifty
(50) or more persons in commercial places of assembly and one hundred (100)
or more persons in noncommercial places of assembly. Places of assembly
[shall] include those facilities used for such purposes as deliberation, worship,
entertainment, amusement, or awaiting transportation. Occupancy of any room
or space for assembly purposes by less than one hundred (l00) persons in a
building ofother occupancy and incidental to such other occupancy [shall] must
be classed as part ofthe other occupancy and subject to the provisions applicable
thereto.
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EXPEDITED BILL
No.
29-16
134
Authority havingjurisdiction[:
The Fire Chief] means the Director or Fire Chief
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with appropriate responsibility.
Automatic fire extinguishing system[:
The phrase "automatic fire extinguishing
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system"] means any system which is designed and installed to detect a fire and
subsequently expel an extinguishing agent without any human intervention.
Basement[:
The term "basement"] means a portion of the building partly
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underground, but having less than half its clear height below the average grade
of the adjoining ground.
[Buildings:
The term
"buildings"]Building
means a structure wholly or partially
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enclosed, either standing alone or cut off from other structures by fire walls, and
which is designed for housing persons, animals or property.
Building official[:
The phrase "building official"] means the officer or other
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designated authority charged with the administration and enforcement of the
building code.
Burning[:
The term "burning"] means lighting, igniting, kindling, or setting fire
to combustible materials, adding fuel to a fire, or permitting combustible
material to burn.
Cellar[
:
The term "cellar"] means the portion of the building, partly
underground, having half or more
than
halfofits clear height below the average
grade of the adjoining ground.
Central fire communications center[:]
means the public fire servIce
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communication facilities operated by the Montgomery County Fire and Rescue
Service as part ofthe County emergency operations center.
Central station[:
An]
means an office to which remote alarm and supervisory
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signaling devices are connected, where personnel are in attendance at all times
to supervise the circuits and investigate signals.
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EXPEDITED BILL
No. 29-16
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Central station system[:
A] means
~
system, or group of systems, in which the
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operations of circuits and devices are signaled automatically to, recorded in,
maintained and supervised from an approved central station having competent
and experienced observers and operators who [shall] must, upon receipt of a
signal, take such action as [shall be] is required by this standard. Such systems
[shall] must be controlled and operated by a person, fIrm or corporation whose
principal business is the furnishing and maintaining of supervised signaling
servIce.
Combination system[:
A] means
~
household flre warning system whose
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components may be used in whole or in part, in common with a nonfIre
emergency signaling system, such as a burglar alarm system or an intercom
system, without degradation of or hazard to the fire warning system.
Compressed gas
[:
The phrase "compressed gas"] means and includes any
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mixture or material having in the container either an absolute pressure exceeding
forty (40) pounds per square inch at seventy (70) degrees Fahrenheit or an
absolute pressure exceeding one hundred four (104) pounds per square inch at
one hundred thirty (130) degrees Fahrenheit or both; or any liquid flammable
material having a vapor pressure as defmed in section 1.424 exceeding forty
(40) pounds per square inch at one hundred (100) degrees Fahrenheit.
Combustible fiber
[:
The phrase "combustible fIber"] means any material in a
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flbrous or shredded form which will readily ignite when heat sources are
present.
Combustible /iquid[:
The phrase "combustible liquid"] means a liquid having a
flash point at or above one hundred
(100)
degrees Fahrenheit (37.8 degrees
Centigrade). Combustible liquids [shall be] are subdivided as follows:
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EXPEDITED BILL
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Class II liquids
[shall] include those having flash points at or above one hundred
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(100) degrees Fahrenheit (37.8 degrees Centigrade) and below one hundred
forty (140) degrees Fahrenheit (60 degrees Centigrade).
Class
lIlA
liquids
[shall] include those having flash points at or above one
hundred forty (140) degrees Fahrenheit (60 degrees Centigrade) and below two
hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Class
IlIB
liquids
[shall] include those having flash points at or above two
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hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).
Combustible refuse
[:
The phrase "combustible refuse"] means all combustible
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or flammable loose rubbish, litter or waste materials generated by any
occupancy which are refused, rejected or considered worthless and are disposed
of by incineration on the premises where generated or periodically transported
from the premises.
Combustible waste
[:
The phrase "combustible waste"] means combustible or
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flammable loose waste materials which are generated by any establishment or
process and, being salvageable, are retained from scrap for reprocessing on the
premises where generated or transported to a plant for processing, including but
not limited to all combustible fibers, hay, straw, hair, feathers, down, wood
shavings, turnings, all types of paper products, soiled cloth trimmings and
cuttings, rubber trimmings and buffings, metal [mes, and any mixture of the
above items or any other salvageable combustible or flammable waste material.
Director
means the Director of Permitting Services.
Distribute[:
The term "distribute" as used in this chapter shall include] includes
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rental, leasing and giving away as a prize or a premium.
D.D.T. container[:
The phrase "D.O.T. container"] means any container
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approved by the U.S. Department of Transportation for shipping any liquid,
gaseous or solid material of a flammable, toxic or other hazardous nature.
CJ
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EXPEDITED BILL
No. 29-16
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Dwelling[:
The tenn "dwelling"] means a single unit providing complete and
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independent living facilities for one (1) or more persons including pennanent
provisions for living, sleeping, eating, cooking and sanitation.
Dwelling unit[:
The phrase "dwelling unit"] means one or more habitable rooms
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which are occupied or which are intended or designed to be occupied by one (1)
family with facilities for living, sleeping, cooking and eating.
Existing condition
[:
The phrase "existing condition"] means any situation,
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circumstance or physical makeup of any structure, premises or process which
was on-going or in effect prior to the adoption of this code.
Exp/osive[:
The tenn "explosive"] means a chemical compound or mechanical
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mixture, that is commonly used or intended for the purpose of producing an
explosion, that contains any oxidizing and combustible units, or other
ingredients, in such proportions, quantities or packing that an ignition by fire,
by friction, by concussion, by percussion or by detonator of any part of the
compound or mixture may cause such a sudden generation of highly heated
gases that the resultant gaseous pressures are capable of producing destructive
effects on contiguous objects or of destroying life and limb.
Fire apparatus[:
The phrase "fire apparatus"] means a vehicle such as a fire
pumper, aerial ladder truck, elevated platfonn, rescue squad or similar fire­
fighting or rescue equipment.
Fire Chief[:
The] means the Fire Chief appointed under Section 21-3 or [. Fire
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Chief includes] the Fire Chiefs designee.
Fire code inspector
means
~
qualified employee in the Department ofPennitting
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Services.
Fire department[:]
means the Montgomery County Fire and Rescue Service.
Fire department connection (siamese connection)[:
The phrase "fire department
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connection (siamese connection)"] means a connection on a building for [the]
1-1~
~
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ExPEDITED BILL
No. 29-16
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fire department use in supplementing or supplying water for standpipes and
sprinkler systems.
Fire door[:
The phrase "fire door"] means a tested, listed, or approved door and
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door enclosure constructed and installed for the purpose ofpreventing the spread
of fire through openings in walls, partitions, or other horizontal or vertical
construction. See Standard for Fire Doors and Windows, NFPA No. 80 for
classification and types of fire doors.
Fire hazard[:
The phrase "fire hazard"] means any thing or act which increases
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or may cause an increase ofthe hazard or menace of fire to a greater degree than
that customarily recognized by persons in the public service regularly engaged
in preventing, suppressing or extinguishing fire; or which may obstruct, delay,
hinder or interfere with the operations of the fire department or the egress of
occupants in the event of fire.
Fire hydrant[:
The phrase "fire hydrant"] means a valved outlet on a water
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supply system with one or more threaded outlets and used to supply fire
department hose and pumpers with water.
Fire lane
[:
The phrase "fire lane"] means the road, path, or other passageway
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developed to allow the passage of fire apparatus through congested areas.
Fire Marshal or County Fire Marshal[:]
means a qualified employee of the
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[Montgomery County Fire and Rescue Service] Department of Permitting
Services designated by the [Fire Chief] Director as the County Fire Marshal.
Fire Marshal
includes the Fire Marshal's designee, unless the context clearly
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indicates otherwise.
Fire official[:]
means any person servmg as a designated employee,
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representative, or agent of the Montgomery County Fire and Rescue Service or
the Department of Permitting "Services.
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EXPEDITED BILL
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Fire protection system[:
The phrase "fire protection system"] means any fire
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alann device or system, fire detection device or system or fire extinguishing
device or system, or their combination, which is designed and installed for
detecting, controlling or extinguishing a fire or otherwise alerting occupants or
the fire department, or both that a fire has occurred.
Fire separation[:
The phrase "fire separation"] means construction of rated fire
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resistance or the maintenance of clear area to resist the spread of fire.
Fireworks display[:
The phrase "fireworks display"] means the use of fireworks
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in a manner to provide audio and visual entertainment to a group of people.
Flamespread rating[:
The phrase "flamespread rating"] means the comparative
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perfonnance of fire travel over the surface of a material when tested in
accordance with the provisions ofnationally recognized test methods. Grouping
of ratings is listed in Life Safety Code, NFPA No. 101.
Flammable[:
The term "flammable"] means capable of burning or producing
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280
flame at ordinary temperatures, or being easily ignited.
Flammable finishing[:
The phrase "flammable finishing"] means the spraying,
281
282
283
dipping, tlow-coating or electro-static bonding of flammable substances on
other materials, devices or construction.
Flammable liquid[:
The phrase "flammable liquid"] means a liquid having a
284
285
286
287
288
289
flash point below one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade) and having a vapor pressure not exceeding forty (40) pounds per
square inch (absolute) at one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade) and [shall be] is known as a Class I liquid. Class I liquids [shall be]
are subdivided as follows:
Class fA
[shall include] includes those liquids having flash points below
290
seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a
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292
293
boiling point below one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade).
Class IE
[shall include] includes those llquids having flash points below
seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a
boiling point at or above one hundred (100) degrees Fahrenheit (37.8 degrees
Centigrade).
294
295
296
297
Class IC
[shall include] includes those liquids having flash points at or above
seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and below one
hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).
298
299
300
Flammable solid[:
The phrase "flammable solid"] means a solid substance,
other than one (1) classified as an explosive, which is liable to cause fires
through friction, through absorption ofmoisture, through spontaneous chemical
changes or as a result of retained heat from manufacturing or processing.
301
302
303
304
Flash point[:
The phrase "flash point"] means the minimum temperature in
degrees Fahrenheit at which a flammable liquid will give off sufficient vapors
to form an ignitable mixture with air near the surface or in the container, but will
not sustain combustion. The flash point of a liquid [shall] must be determined
by appropriate test procedure and apparatus as specified below. The flash point
of flammable liquids having a flash point below one hundred seventy-five (175)
degrees Fahrenheit [shall] must be determined in accordance with nationally
recognized good practice using the Tag Closed Tester. The flash point of
flammable liquids having a tlash point of one hundred seventy-five (175)
degrees Fahrenheit or higher [shall] must be determined in accordance with
nationally recognized good practice using the Pensky-Martens Closed Tester
(ASTM D 93).
305
306
307
308
309
310
311
312
313
314
315
316
Gallon[:
The term "gallon"] means one (1) U.S. standard gallon.
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ExPEDITED BILL
No. 29-16
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318
Grade[:
The term "grade"] means the reference plane representing the average
elevation of finished ground level adjoining the building at all exterior walls.
319
320
321
322
323
324
Household fire warning system
[:
The term "household fire warning system"
shall mean] means a system of devices that produce an audible alarm signal in
the household for the purpose of notifying the occupants of the presence of a
fire so they may evacuate the premises. The term "household fire warning
system" [shall] does not include alarm systems where the signal is extended to
another location such as a fire department or central station service.
325
326
327
328
Liquefied petroleum gas (LP gas)[:
The phrase "liquefied petroleum gas (LP
gas)"] means any material which is composed predominantly of the following
hydrocarbons, or mixtures of them: propane, propylene, butane (normal butane
or isobutane) and butylenes.
329
330
Loose house
[:
The phrase "loose house"] means a separate
d~tached
building in
which unbaled combustible fibers are stored.
331
332
333
334
335
Means of egress[:
The phrase "means of egress"] means a continuous and
unobstructed path of travel from any point in a building or structure to a public
space and consists ofthree (3) separate and distinct parts: (a) the exitway access,
(b) the exitway, and (c) the exitway discharge; a means of egress comprises the
vertical and horizontal means of travel and [shall include] includes intervening
room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs,
enclosures, lobbies, escalators, horizontal exits, courts and yards.
336
337
338
339
340
341
342
Multi-family dwelling[:
The phrase "multi-family dwelling"] means any
building or portion thereof, which is designed, built, rented, leased, sold, let or
hired out to
be
occupied, or which is occupied as the home or residence ofthree
(3) or more families living independently of each other and doing their own
cooking in such building and [shall include] includes flats and apartments.
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EXPEDITED BILL
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343
Notice[:
The term "notice"] means the verbal or written statement which gives
an order, information or warning.
Ordinary conduct[:
The phrase "ordinary conduct"] means the customary
procedures which are normally followed.
Owner[:
The term "owner"] means any person who alone or jointly or severally
with others [shall have] has legal title to any building, structure or premises with
or without accompanying actual possession thereof and [shall include] includes
his or her duly authorized agent or attorney, a purchaser, devisee, fiduciary and
any person having a vested or contingent interest in the property
in
question.
Permit[:
The term "permit"] means an official document or certificate issued by
the authority having jurisdiction for the purpose of authorizing performance of
a specified activity.
Person[:
The term "person" shall include] means a corporation, finn,
partnership, association, organization and any other group acting as a unit as
well as individuals.
[It
shall also include]
Person
includes an executor,
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
administrator, trustee, receiver or other representative appointed according to
law. Whenever the term ["person"]
person
is used in any section ofthis [code]
Chapter prescribing a penalty or fme, as to partnerships or associations, the tenn
[shall include] includes the partners or members thereof and, as to corporations,
[shall include] includes the officers, agents or members thereof who are
responsible for any violation of such section.
Places of assembly[:
The phrase "places of assembly"] means places of
assembly including, but not limited to, all buildings or portions ofbuildings used
for gathering together fifty (50) or more persons in noncommercial places of
assembly.
Places of assembly
[shall] include those facilities used for such
purposes as deliberation, worship, entertainment, amusement, or awaiting
transportation. Occupancy of any room or space for assembly purposes by less
362
363
364
365
366
367
368
369
~
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EXPEDITED BILL
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371
372
373
than one hundred (100) persons in a building or other occupancy and incidental
to such other occupancy [shall] must be classed as part of the other occupancy
and subject to the provisions applicable thereto.
Process[:
The term "process"] means the manufacturing, handling, blending,
374
375
376
conversion, purification, recovery, separation, synthesis or use, or any
combination, of any commodity or material regulated by this code.
Public stabler:
The phrase "public stable"] means any place which has available
377
378
379
380
for hire for riding or riding instruction purposes any horse or pony; or where
horses or ponies other than those belonging to the owner of the stable are kept,
boarded or trained.
[Repairs:
The term "repair"]
Repair
means the reconstruction or renewal of any
381
382
383
384
part ofan existing building or structure for the purpose of its maintenance. The
term ["repair"]
repair
or ["repairs"]
repairs
[shall] does not apply to any change
in construction.
Representative[:]
means a person duly appointed in the name of the Fire
Chief~
385
386
Director, or Fire Marshal to administer or enforce this Chapter.
Safety can[:
The phrase "safety can"] means an approved container of not over
387
388
five (5) gallons capacity having a spring-closing lid and spout cover.
Small arms ammunition[:
The phrase "small anus ammunition"] means any
389
390
shotgun, rifle, pistol or revolver cartridges.
Smoking[:
The term "smoking"] means lighting, igniting, holding or possessing
391
392
393
any lighted cigar, cigarette or pipe; or, carrying, throwing or depositing any
lighted or smoldering cigar, cigarette or pipe.
Standpipe[:
The term "standpipe"] means a pipe and attendant hose valves and
394
395
hose (if provided) used for conveying water to various parts of a building for
fire-fighting purposes.
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ExPEDITED BILL
No. 29-16
396
397
398
399
400
401
402
403
Story[:
The tenn "story"] means that portion of a building included between the
surface of any floor and the surface of the floor next above
it
or, if there is no
floor above it, the space between such floor and the ceiling next above it. A
basement [shall be] is counted as a story, if it is used for business or dwelling
purposes. A mezzanine floor [shall be] is counted as a story, if it covers over
one-third ofthe area ofthe floor next below it or ifthe vertical distance between
the floor next below it and the floor next above it is twenty (20) feet or more.
Street[:
The tenn "street"] means a public thoroughfare (street, avenue or
boulevard) which has been dedicated for vehicular use by the public and can be
used for access by
f~e
department vehicles.
404
405
406
Supervised automatic fire extinguishing system[:
The phrase "supervised
automatic fire extinguishing system"] means any automatic fire extinguishing
system which is constantly monitored so as to determine operating condition at
all times.
407
408
409
410
411
412
413
System[:
The tenn "system"] means several items of equipment assembled,
grouped or otherwise interconnected for the accomplishment of a purpose or
function.
Water capacity[:
The phrase "water capacity"] means the volumetric measure
of the amount of water a container can hold.
22-6.
Administration.
414
415
416
417
418
419
420
421
422
(a)
Authority ofFire Chief and Director
Q[
Permitting Services generally.
The Fire Chief and the Director ofthe Department ofPennitting Services
must administer this Chapter.
The Fire Chief and the Director of
Pennitting Services must perfonn [any other] the respective duty or
duties assigned under this Chapter or any other applicable law. The Fire
Chief and the Director ofPermitting Services may delegate any power or
duty under this Chapter to any other County [fire official] employee.
tlT\
~
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EXPEDITED BILL
No. 29-16
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424
425
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427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
(e)
(6)
[(7)
(5)
(d)
(c)
***
Enforcement assistance.
Police and any other authorized agency must
provide necessary assistance to enforce this Chapter when the Fire Chief
or the Director ofPennitting Services so requests.
Fire Code Compliance [Section].
[To assist the Fire Chief, the Chief may
organize and supervise a Fire Code Compliance Section in the Fire and
Rescue Service. Members of this Section] The Department of Permitting
Services may enforce all County laws and regulations on:
***
maintenance of ftre protection and elimination of ftre hazards on
land and in buildings, structures, and other property, including
those under construction; and
adequacy of each fIre exit from any building[; andt
investigation of the cause of any ftre.]
A ftre safety requirement
Authorization for requirement changes.
. proposed for imposition during the course of building construction that
would change or substitute a material, feature, construction method, or
any other aspect of construction different from the original or amended
subdivision, site, or construction plans and specifications, as approved by
the [Fire and Rescue Service] Director must only be imposed [if the Fire
Chie:O if the Director fmds that the change or substitution is necessary to
avoid a specific and demonstrable threat to public safety. The [Chief]
Director must provide a copy of the finding to the affected person and to
the public on request.
(f)
[Administrative appeals.
When petitioned by an aggrieved person, the
Fire Chief must promptly review any ruling or interpretation of law or
regulations made by Fire and Rescue Service staff while enforcing this
CJ
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EXPEDITED BILL
No. 29-16
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451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
Chapter. A petition must be filed with the Fire Chief in writing within 10
days after the ruling or interpretation. The Fire Chief may review,
modify, or affirin the initial ruling or interpretation with or without a
hearing, and must send a copy of the Fire Chiefs decision to the
aggrieved party.]
Fire and explosive investigation section.
The Fire
Chief may organize and supervise
~
Fire and Explosive Investigation
Section in the Fire and Rescue Service to investigate the cause and origin
of any fire. The Fire Chief may ask the State fire marshal to appoint one
or more qualified employees of the Fire and Rescue Service to serve as
~
special assistant State fire marshal.
***
22-7. Right of entry.
(
a),
Generally.
(1)
The County Executive, Fire Chief,
[and]
Police Chief, and Director
of Pennitting Services, or their authorized representatives, after
exhibiting the proper credentials or proof of identity on request,
may enter any building, structure, or premises (except any area
actually occupied as a dwelling unit) without consent of the
occupants during business or operating hours and at other times in
an emergency that immediately endangers life, property or public
safety, to perfonn duties under this Chapter or enforce this
Chapter.
(2)
For a multi-family dwelling, the Executive, Fire Chief,
[and]
Police Chief, and Director of Permitting Services, or their
authorized representatives, may only enter without consent any
space that is not part of an individual dwelling unit, such as a
storage room, laundry room, boiler room, utility room, hallway, or
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EXPEDITED BILL
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478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
basement. However, the Executive, Fire Chief, and Police Chief
may enter any individual dwelling unit:
***
22-9. Investigation of fires.
(a)
Authority of [director] Fire Chiefgenerally.
The [director] Fire Chief
[shall have] has the authority to investigate the cause, origin and
circumstances of every fire, explosion or other emergency in which the
fire department has a reasonable interest or is called for assistance,
including inspection of any document pertinent to the investigation.
When the [Director] Fire Chief has reason to believe that a fire or
explosion may be the result of a violation of any law, he or she [shall]
must immediately take custody of and safeguard all physical evidence in
connection therewith and [shall have] has the authority to prohibit the
disturbance or removal of any material, substance, device or utility in or
upon any building or property wherein or whereon a fire or explosion has
occurred until the investigation of the fire is complete and to take such
photographs and statements and make such drawings as he may deem
necessary.
(b)
Authority of [Director] Fire Chiefto enter and examine.
The [Director]
Fire Chief [shall have] has the authority at all times, in performance of
the duties imposed by the provisions of this chapter, to enter upon and
examine any building or premises, vehicle or thing where any fires or
attempts to cause fires [shall] have occurred, or which at the time may be
burning, and also the power to enter upon at any time any building or
property adjacent to that in which the fire or attempt to cause fires has
occurred, should he or she deem it necessary in the proper discharge of
his or her duties; and he or she may, in the exercise ofhis or her discretion,
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EXPEDITED BILL
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29-16
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505
506
507
508
509
510
511
take full control and custody of such buildings and premises, and place
such person in charge thereof as he or she may deem proper, until his or
her examination and investigation [shall be] is completed.
(c)
Testimony; arrests.
The [Director] Fire Chief, in making this inspection
or investigation, may, when in his or her judgment necessary, take the
testimony on oath of all persons supposed to be cognizant of any facts, or
to have the means or knowledge in relation to the matter herein required
to be examined and inquired into, and to cause the testimony to be
reduced to writing; and when, in his or her judgment, the examination
discloses that the fire or explosion or attempt to cause a fire or explosion
was of incendiary origin, the [Director] Fire Chief [shall] must notify the
appropriate authorities and [shall] must transmit a copy of the testimony
so taken to the state's attorney for the county or city wherein the fue or
explosion or attempt to cause a fue or explosion occurred.
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
Cd)
Witnesses; production of documents; oaths.
The [Director] Fire Chief
[shall have] has the power to summon witnesses and to compel their
attendance before him or her to testify in relation to any matter which is,
by the provision of this chapter, a subject of inquiry and investigation by
the [Director] Fire Chief, and [shall] also [have] has the power to cause
to be produced before him or her such papers as he or she may require in
making such examination. The [Director] Fire Chief is [hereby]
authorized to administer oaths and affirmations to persons appearing as
witnesses before him
-
her.
or
-
(e)
Interference with [Director] Fire Chief: failure to appear, produce
documents, etc.
Any person who interferes with the [Director] Fire Chief
in the performance of his or her duties under this section, or who fails to
appear when summoned, or fails to provide such documents and records
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EXPEDITED BILL
No. 29-16
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
as are summoned or who fails to testify when requested [shall be] is guilty
of a misdemeanor and, upon conviction thereof, [shall be] is subject to
the penalty section of the chapter.
***
22-10. Permits and certificates.
***
(b)
Application for permit.
Each application for a permit required by this
Chapter must be made to the [Fire and Rescue Service or] Department of
Permitting Services[, as applicable,] in the form prescribed.
Each
application must be accompanied by any plans, specifications, or details
required by [the Fire Chief or] the Director [of Permitting Services, as
applicable] .
(c)
Inspection before issuance ofpermit.
Before a permit may be issued, the
[Fire Chief or the] Director [of Permitting Services, as applicable,] may
inspect and approve any receptacle, vehicle, building, device, premises,
storage space, or area to be used.
(d)
Display ofpermits.
A copy ofthe permit must be posted at each place of
operation or carried by the permit holder as specified by the [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 [Fire Chief or the] Director [of Permitting
Services, as applicable,] fmds 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 [Fire Chief]
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EXPEDITED BILL
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559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
Director must require by written notice that the work be exposed
for inspection. The pennittee must pay any cost of exposing and
recovering the work.
(2)
If any construction or installation work is perfonned in violation
of the plans and specifications as approved by the [Fire Chief or
the] Director ofPennitting Services, [as applicable,] the [Chief or]
Director must issue a written notice to the responsible party to stop
work on that portion ofthe work which is in violation. The notice
must state the nature of the violation, and any responsible party
must not continue work on that portion until the violation has been
corrected.
***
22-13. Regulations.
(a)
The Director may recommend, and the Executive may adopt, under
method
ill
of section
2A-IS of this Code, written regulations for the
administration of the provisions of this chapter including a schedule of
fees and hold public hearings as part of this regulation-making process.
Such regulations and amendments thereto [shall] must not conflict with
nor waive any provisions of this chapter nor be less restrictive than its
provisions [and shall become effective upon their adoption by the County
Executive under method (2) of section 2A-IS of this Code].
In
the case
of fees, the County Executive [shall] must promptly forward to the
County Council a copy of the new fee schedule for use in budgetary
planning activities. Such fees [shall] must be in accordance with fonnulas
based upon criteria to include area or estimated cost of construction, or
cost of inspection and processing or a minimal set fee per category, not
to exceed the cost of administering and enforcing this code.
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586
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589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
(b)
The Director [shall] must hold public hearings, upon adequate public
notice of not less than thirty (30) days, [[prior to]] before forwarding his
or her recommendations for regulations setting forth the standards and
requirements for controlling the hazards of fire and explosion from
improper storage, handling or use of substances, materials or devices and
for controlling the hazardous use of property.
***
22-14. National standards.
The [Fire Chief] Director must recommend that the Executive adopt by
regulation under Section 22-13 those parts of the National Fire Code as published by
the National Fire Protection Association, or a comparable code published by a similar
organization, that the [Fire Chief] Director fmds will promote the purposes of this
Chapter.
Sec. 22-15. Special hazards.
In occupancies of an especially hazardous nature, or where special hazards exist
in
addition to the normal hazard of the occupancy, or where access for fire apparatus
is unduly difficult, additional safeguards may be required by the [[director]] Director
consisting ofadditional fire appliance units, more than one type ofappliance, or special
systems suitable for the protection ofthe hazard involved. Such devices or appliances
may consist of automatic fire alarm systems, automatic sprinkler or water spray
systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos,
blankets, breathing apparatus, manual or automatic covers, or carbon dioxide, foam or
other special fire extinguishing systems. Where such systems are installed, they
[[shall]] must be in accordance with the applicable standards of the National Fire
Protection Association.
22-15A. Compilation of requirements.
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EXPEDITED BILL
No.
29-16
611
(a)
The [[director shall]] Director must prepare informational material
designed to provide the public and prospective developers with a clear
understanding of the procedures to be followed in securing approval of
fIre safety aspects of construction or rehabilitation projects.
This
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
information [[shall]] must be transmitted to the department or office
responsible for the' compilation and publication of the development
manual required in subsection (d)(2) ofsection 2-27A for integration into
such manual. Further, the [[director shall]] Director must assure that all
proposed regulatory and procedural changes regarding fIre safety
requirements are made available to the responsible department or office
for inclusion in the agenda of regulatory change called for in subsection
(d)(4) of section 2-27A. Furthermore, all signifIcant interpretations of
fIre safety code provisions and all general waivers or precedent-setting
waivers to such code provisions [[shall]] must be similarly forwarded to
the responsible department or office in standardized format for
circulation to users ofthe development manual.
(b)
The Director is [hereby] authorized and directed to designate a staff
member(s) or a unit within the [department] Department of Permitting
Services to be responsible for providing information required herein to
the public and to maintain a continuing liaison with industry
representatives and other governmental agencies regulating or
monitoring housing construction and occupancy.
***
22-16. Order to eliminate dangerous or hazardous conditions generally.
(a)
Ge,}erally.
Whenever the
Director~
or other authorized fire
official~
[shall
fmd] finds any structure or upon any premises dangerous or hazardous
conditions or materials as follows, the Director [he shall] must order such
~
~
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EXPEDITED BILL
No. 29-16
638
639
dangerous conditions or materials to be removed or remedied in
accordance with the provisions ofthis code:
640
641
642
643
644
645
646
647
648
***
(b)
Notice to repair, alter, etc.; condemnation tags. Whenever the [[director]]
Director deems any chimney, smoke stack, stove, oven, incinerator,
furnace or other heating device, electric fIxture or any appurtenance
thereto or anything regulated under provisions ofthis code in or upon any
building, structure or premise to be defective or unsafe so as to create an
immediate hazard, he or she [[shall]] must serve upon the owner or the
person having control of the property written notice to repair or alter as
necessary and [[shall]] must notify any other authority enforcing codes
regulating such equipment. He or she may affIx a condemnation tag
prohibiting the use thereof until such repairs or alterations are made.
When affixed, such tag may be removed only by the order of the
[[director]] Director and may be removed only when the hazard to which
the order pertains has been eliminated in an approved manner. Until
removed, that item or device which has caused the hazard [[shall]] must
not be used or permitted to be used.
[(c)
Actions under section 1-7. Nothing in this section shall be construed to
prevent the division of fIre prevention members from immediately
proceeding under section 1-7 ofthe County Code when a violation ofthis
chapter is observed.]
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
22-18. Compliance.
***
(b)
Orders or notices.
***
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ExPEDITED BILL
No. 29-16
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
(2)
If the property is occupied by a person other than the owner, the
owner is responsible for compliance with the order or notice unless
within [5] five days after the order or notice is issued:
***
(B)
the owner and occupant notify the [Fire Chief] Director of
this decision.
(c)
Unauthorized tag removal.
A person has committed a Class A violation
if that person:
***
(2)
removes the tag without written permission of the [Fire Chief]
Director.
***
22-23. Inspection.
(
a)
The [Fire Chief] Director 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 to enforce State fire
prevention laws. The Director must appoint fire code inspectors to assist
the Fire Marshal in performing the Fire Marshal's duties. The County
Fire Marshal may ask the State [Fire Marshal] fire marshal to appoint one
or more qualified employees of the [Montgomery County Fire and
Rescue Service] Department of Permitting Services to serve as an
[special] assistant State fire marshal.
***
22-31. Fire hydrant maintenance.
All private fire hydrants [shall] must be tested, maintained and serviced
annually. A report of this maintenance [shall] must be submitted to the [division of
fire prevention] Director.
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ExPEDITED BILL
No. 29-16
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
*
*
*
22-33. Fire lanes.
(a)
If the [Director] fire official [shall find] finds
~
private entrance or exit
[sidewalks] sidewalk or vehicular [driveways] driveway or interior
private [driveways] driveway or [sidewalks] sidewalk obstructed by
snow, debris, construction material,vehicles or other matter liable to
interfere with the ingress or the operation of fire departments or other
emergency vehicles in case of fire, the fire official [he shall] must order
the obstructions removed.
*
**
(g)
Any police officer or [member of the division of fire prevention and any
other fire department officer] fire official or [county] County employee
specifically designated by the [County] Executive finding a vehicle or
trailer parked in violation of this chapter [shall] must attach to such
vehicle or trailer [parked in violation ofthis chapter] a notice to the owner
and operator [thereof] that such vehicle or trailer has been parked in
violation ofthis chapter and instructing the owner and operator, or either
of them, to report to the nearest commissioner of district court for
Montgomery County within fifteen (15) days of the time when such
notice was so attached to such vehicle or to pay to the Department of
Finance as a penalty and in full satisfaction of such violation the sum of
ten dollars ($10.00) or as [shall] otherwise [be fixed from time to time]
set by the [[County]] Executive with the approval ofthe County Council.
712
713
714
715
716
717
718
***
22-37. RegUlating fire extinguisher service.
The [Fire Chief] Director must:
**
*
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ExPEDITED BILL
No. 29-16
719
22-39. Rules and regulations for servicing portable fire extinguishers.
720
721
722
***
(b)
Whenever the words "name of governmental authority having
jurisdiction" appear in the adoptive rules and regulations they [shall]
mean the Director [of the Department of Fire and Rescue Services].
723
724
725
***
22-41. Places of assembly.
(a)
Occupancy certificate generally.
In
every place of public or private
726
727
728
assembly, there [shall] must be a certificate permanently posted in a
conspicuous place in the room near the entrance. Such certificate [shall]
must be furnished and signed by the Director [or his authorized
representative], and [such certificate shall] must read as follows:
Not more than _ _ _ _ _ persons permitted in _ _ _ _ _ __
729
730
731
732
733
734
735
736
Department of
[Fire and Rescue] Permitting Services
Montgomery County, Maryland
***
22-44. Flammable liquids generally.
737
738
***
(d)
Testing underground installations.
Before being covered or placed in
739
740
741
use, tanks and piping connected to underground tanks [shall] must be
tested for tightness in the presence of the fire official. No portion of the
system [shall] may be covered, filled with product or used until it has
been approved by the Department of Permitting Services. Test
procedures [[shall]] must be specified by the [[director]].
742
743
744
745
***
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ExPEDITED BILL
No. 29-16
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
22-45. Aboveground tank storage of flammable liquids.
***
(d)
Temporary use ofportable tanks.
The provisions of subsection (a) ofthis
section [shall] do not prohibit the temporary use of portable tanks less
than six hundred sixty (660) gallons capacity in conjunction with the
dispensing of flammable or combustible liquids into the fuel
tanks
of
motor vehicles or other motorized equipment on premises not normally
accessible to the public. Such installation [shall] must only be made
under permit from the Department of Permitting Services. The permit
[shall] must include a definite time limit, not to exceed six (6) months.
***
22-46. Abandonment of tanks of flammable or combustible liquids.
(a)
Permit required.
A permit [shall] must be obtained from the Department
of Permitting Services to remove, abandon, place temporarily out of
service or otherwise dispose ofany flammable or combustible liquid tank.
***
22-50. Application of flammable finishes.
(a)
Permit required.
A permit [shall] must be obtained from the Department
of Permitting Services for spraying or dipping operations utilizing more
than one (1) gallon of flammable or combustible liquids on any working
day for the following activities:
***
22-75. Procedures in case of fire.
***
(b)
Evacuation.
Whenever a fire occurs in a building or there is reason to
believe a fire exists in a building, the building [shall] must be immediately
evacuated and not reoccupied without the permission of the fire official
~
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EXPEDITED BILL
No. 29-16
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
in charge. If the building is provided with a manual fire alann system, it
[shall be] is the duty of any person who has knowledge of the fire to
activate the manual fire alann. Complete evacuation is not required when
other procedures are detailed in a fire plan that has been approved by the
[Director] fire official.
***
22-79. Dangerous buildings.
***
(f)
Posting and/orm o/notice to vacate.
Every notice to vacate [shall] must,
in addition to being served as provided in subsection (e) of this section,
be posted at or upon each exit of the building, and be in substantially the
following form:
DO NOT ENTER
UNSAFE TO OCCupy
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Department of
[Fire and Rescue] Permitting Services
Montgomery County, Maryland
***
22-88. Open fires generally.
***
(d)
The [[director]] Director [or the fire official] may prohibit such burning
at any time [[he]] the Director determines that the kindling ofan open fire
creates a fire hazard.
***
22-96. Smoke detectors.
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ExPEDITED BILL
No. 29-16
800
801
802
803
804
805
806
807
808
809
810
***
(d)
Equipment:
All devices, combinations ofdevices and equipment required
herein are to be installed in conformance
with
the building code and this
section, and approved by the Montgomery County Department of [fIre
and rescue] Permitting Services and listed by said Department for the
purpose for which they are intended; said list may be subsequently
amended by the Department of [fIre and rescue] Permitting Services as
necessary. Such approval [shall be] is permanent unless the [[director]]
Director subsequently fInds that the equipment is hazardous, unreliable
or otherwise detrimental to public health or safety,
in
which case, the
[[director]] Director may suspend or revoke approval. The Director may
in any such case determine whether replacement of existing installation
[shall be] is required. Transfer to the inactive list [shall] does not affect
equipment approval.
811
812
813
814
815
816
817
818
***
Sec. 2. Transition.
(
a)
Regulations.
Any regulation in effect when this Act takes effect that
implements a function transferred to the Department of Permitting
Services or the Director of the Department of Pennitting Services under
Section 1 of this Act continues in effect, but any reference in any
regulation to the Montgomery County Fire and Rescue Services or the
Fire Chief from which the function was transferred must be treated as
referring to the Department ofPermitting Services and the Director ofthe
Department of Permitting Services to which the function is transferred.
The transfer of a function under this Act does not affect any right of a
party to any legal proceeding begun before this Act took effect.
819
820
821
822
823
824
825
826
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EXPEDITED BILL
No. 29-16
827
828
829
830
831
832
833
834
835
836
837
838
(b)
Responsibilities and rights.
Any responsibility or right granted by law,
ordinance, regulation, delegation of authority, contract, or other
document to the Montgomery County Fire and Rescue Services or the
Fire Chief in connection with a function, duty or authority transferred
under Section 1 ofthis Act is transferred to the Department ofPermitting
Services and the Director of the Department ofPermitling Services.
Sec. 3. Expedited Effective Date
The Council declares that this legislation is necessary for the immediate
protection ofthe public interest. This Act takes effect on the date on which it becomes
law. The amendments made in Section 1 apply retroactively to July 1,2016.
839
840
841
Approved:
Nancy Floreen, President, County Council
Date
842
Approved:
843
Isiah Leggett, County Executive
Date
844
This is a correct copy ofCouncil action.
845
Linda M. Lauer, Clerk of the Council
Date
846
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LEGISLATIVE REQUEST REPORT
Expedited Bill 29-16
Fire Safety Code
-
Administration
-
Reorganization
DESCRIPTION:
The Bill will transfer the Fire Code Compliance Section from the
Montgomery County Fire and Rescue Service (MCFRS) to the
Department of Permitting Services (DPS) and provide that certain
duties and responsibilities are performed by DPS.
In 2012 the responsibility for inspections of all newly constructed fire
protection sy'stems was transferred from MCFRS to DPS which
already had responsibility for review and approval of plans for fire
protection systems for new construction. This move further enhanced
the concept of DPS' s "one stop shop" services, gained operational
efficiencies, resulted in improved levels of service and reduced costs
for customers. After the March 2012 transfer, MCFRS retained
responsibility for enforcement of the NFPA fire code in existing
buildings and for certain permits and inspections. However, there was
a recognition that code compliance permits and inspections of existing
buildings should be revisited at a future time to achieve greater
efficiencies. The Bill would complete the transfer to a "one stop shop"
by moving the remaining permit issuance and inspection functions
from MCFRS to DPS. The move will expand important safety
inspections, streamline services and costs for both customers and the
County, eliminate overlap and achieve greater consistency in code
interpretation and application among the similar positions performing
these services.
Realize efficiencies of costs and staffing by combining similar
positions (plans reviewers and inspectors) that are administering the
same NFP A code and providing opportunities for combined existing
building inspections with construction related tenant fit-out
inspections; Realize consistency of code interpretations by combining
into a division and to optimize consistent interpretations with related
construction codes; Realize cost efficiencies through use of existing
permit and inspections infrastructure including for the processing and
tracking of applications, scheduling of inspections, collection of and
accounting for revenue.
Department of Permitting Services, Montgomery County Fire and
Rescue Services and Office of Management and Budget
The fiscal impact would be approximately $162,216 annually for a
Division Chief, approximately $150,000 for new office space, and
opportunity for increased revenue recovery through billing system, and
reduced and avoided expenditures through efficiencies of operations
and applied resources.
PROBLEM:
.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
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ECONOMIC
IMPACT:
Beneficial economic impacts are expected as functions are identified
that can be consolidated and or streamlined.
It
is difficult to assess the
impacts at this time, but permit fee savings may be realized and
processing time is expected to shorten.
Not applicable.
Not applicable.
Department of Permitting Services and Montgomery County Fire and
Rescue Services
Not applicable.
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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·
-"
-
":-
-~
...
­
I
··1
........ !
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah
Leggett
County Executive
MEMORANDUM
June 15,2016
TO:
Nancy Floreen, President
County Council
@
FROM:
SUBJECT:
I,iab Leggett, County Executive..-­
Fire Code Compliance Transfer
~.
In accordance with the Operating Budget transmittal and subsequent discussion
and action by the County Council, attached please find proposed legislation to amend Chapter 22
of the Montgomery County Code and transfer the functions of the Fire Prevention and Code
Compliance Division from the Montgomery County Fire and Rescue Services (MCFRS) to the
Department ofPennitting Services (DPS). Under this legislation, the MCFRS will retain the
right to enter any site in an emergency to preserve life and property and will continue to oversee
all fire and explosive investigations.
The legislation transfers the Fire Code Compliance functions from MCFRS to
DPS to supervise and enforce all County fire prevention and safety laws in connection with
buildings and property. The legislation further enhances the County's "one stop shop" services,
will enable operational efficiencies to be realized, and will result in improved levels of service,
reduction of costs for customers and streamline services.
I appreciate your introducing the attached Bill as emergency legislation in
furtherance of the transfer in the FYl7 Operating Budget. A Fiscal/Economic Impact Statements
and Legislative Request Report are attached as well.
If you have any questions or need assistance, please contact Diane Schwartz
Jones, Director of DPS or Fire Chief Scott Goldstein.
Attachment (legislation packet)
montgomerycountymd.gov/311
C9
<c~~,,'
301-251-4850 TTY
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'1
······1
Fiscal Impact Statement
Council BiU XX-16 Fire Code Enforcement
1. Legislative Summary:
Bill XX-16 will transfer the Fire Code Compliance Section from the Montgomery County
Fire and Rescue Service to the Department ofPermitting Services and provide that
certain duties and responsibilities performed by the Department ofPennitting Services
and generally amend Chapter 22.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are asswned
in
the recommended or approved budget.
There will be no significant change in County revenues as a result of this Bill as fees will
continue to be set and revenues generated through the duties and services of the Fire
Code Compliance Section. Expenditures in general do not change materially as the
Section is being moved in total from the Department of Fire and Rescue Services to the
Department of Permitting Services. Apart from the estimated operating cost of$162,216·
for a new Division Chief, over time expenditures are expected to decrease, or in the
alternative, avoid increase,. as efficiencies due to coordination of services among staff are
realized. There is also an expenditure of approximately $150,000 one-time to create
space for the transferred section.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years. These are
inflated by CPI adjustments according to the schedule below..
Estimate Revenues:
FY17 $1,435,000
FY18 $1,463,700
FY19 $1,497.365
FY20 $1,536,296
FY21 $1,576,240
FY22 $1,617,222
Estimated Expenditures:
Division Chief - The first year ofthe position is budgeted at 75% ofthe salary, 9 months
out ofthe year, the following year the additional annualized amount of25% is added to
the budget for the following totals.
FY17 $121,662
FY18 $162,216
FYl9 $162,216 .
.
.
....
FY20 $162;21&
FY21 $162,216
FY22 $162,216
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4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
There is no impact to retiree pension or group insurance costs as a result of this Bill.
5.
An
estimate of expenditures related to County's infonnation technology (IT) systems,
including Enterprise Resomce Planning (ERP) systems.
No additional systems or resource planning will be required to implement the Bill.
6. Later actions that may affectJuture revenue and expenditures if the bill authorizes future
spending.
Bill No.
does not authorize future spending.
7.
An
estimate of the staff time needed to implement the bill.
The Bill does not result in the addition of any new staff responsibilities simply a transfer
of them between departments.
8.
An
explanation of how the addition of new staff responsibilities would affect other duties.
See number 7.
9.
An
estimate of costs when an additional appropriation is needed.
Bill
will not require an additional appropriation.
10. A description of any variable that could affect revenue and cost estimates.
There are no additional revenue or costs estimates as a result of this Bill.
11. Ranges ofrevenue or expenditures that are uncertain or difficult to project.
See number 10.
12. If a Bill is likely to have no fiscal impact, why that is the case.
The Bill is likely to have a limited fiscal impact as described in question 2.
13. Other fiscal impacts or comments.
Not applicable.
14. The following contributed to and concurred with this analysis:
Diane Schwartz Jones, DPS
Hadi Mansouri, DPS
Barb Suter, DPS
David Steckel, MCFRS
Dennis Hetman, OMB
Date
@
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..... -.. -..".-
.::.j
Economic Impact Statement
Bill ##-16, Fire Code Enforcement - Reorganization
Background:
This legislation would:
• transfer the Fire Code Compliance Section (FCC) to the Department of Permitting
Services (DPS) and provide that certain duties performed by FCC must be performed by
DPS,
• transfer to DPS responsibility to implement certain fire prevention and fire code
compliance obligations imposed under Chapter 22, Fire Safety Code,
• identify the duties and responsibilities ofthe fire code inspectors,
• provide that the Montgomery County Fire and Rescue Service retains authority for fire
and explosive investigations, and
• identify who may become ASSIstant State Fire Marshal, Special Assistant State Fire
Marshal, and Deputy State Fire Marshal pursuant to State law.
The economic impact statement will estimate the impacts on the County's economy based on the
goal of Bill ##-16 presented in the first bullet.
1.
The sources of information, assumptions, and methodologies used.
Sources of information include:
_! _
PP~L
___.__
.__ __
......._..______ ..._____ _
• the q:ffice ofManagement and Budget (OMB), and
• Aswath Damodaran, "The Value of Synergy", Working Paper, Stem School of
Business, New York University, October 2005.
The Legislative Request Report presents the goals and objectives of Bill ##-16 as follows:
"realize efficiencies of costs and staffing by combining similar positions (plans reviewers and
inspectors) that are administering the same National Fire Protection Association (NFPA)
Code and provide opportunities for combined existing building inspections with construction
related tenant fit-out inspections."
Finance assumes that the goal of realizing efficiencies of costs and staffing is the goal of
achieving operational synergy. Synergy in private industry refers to an "increase in value
that is generated by combining two entities to create a new and more valuable entity
(Damodaran)." One aspect of synergy
is
achieving economies of scale that would arise from
the combination oftwo separate operations in one thereby becoming more cost-efficient.
Applying this concept of operational
~ynergy
to the goals and objectives of Bill ##-16 and
stated in the fiscal impact statement, "apart from the estimated operating cost of$162,216 for
a new Division Chief, over time expenditures are expected to decrease, or avoid an increase,
as efficiencies due to coordiDation of services among staff are realized." Bill ##-16 is
expected to achieve economies of scale. Because of such economies of scale, operating costs
by the County government are reduced and such savings may support lower pennitting fees
Page
1
of2
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.-
....
_-.-
...
-.:
····1
Economic Impact Statement
Bill ##-16, Fire Code Enforcement - Reorganization
and reduce processing time to review permits. Finance assumes that both lower permitting
fees and permitting time would yield lower costs of private construction.
2. A description of any variable that could affect the economic impact estimates.
The variables that could affect the economic impact estimates are the reduction
in
the amount
of permitting fees from current fees and the reduction in the amount of time to review and
process the permits.
3. The Bill's positive or negative effect,
if
any on employment, spending, savings,
investment, incomes, and property values in the County.
Bill ##-16 would have a positive economic effect on private construction attributed to the
economies of scale presented in paragraphs 1 and 2. However, without detailed data, it is
difficult to determine the amount of cost savings from reduced permitting fees and expedited
review process to the private construction industry.
4.
If
a Bill
is
likely to have no economic impact, why is that the case?
Bill ##-16 would likely have a positive economic impact. Please see paragraph 3.
5. The following contributed to or concurred with this analysis:
David Platt, Mary Casciotti,
and Robert Hagedoom, Finance; Hadi Mansouri DPS; and Dennis Hetman, OMB..
each, Director
ent of Finance
Page 2 of2
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Testimony on Behalf of County Executive Isiah leggett
In Support of Expedited Bill 29-16
Good afternoon, my name is Diane Jones. I am the Director of the Department of Permitting Services
and I am pleased to provide testimony this afternoon on behalf of County Executive Isiah Leggett in
support of Expedited Bill 29-16.
This bill is another step in streamlining work begun in 2012. In 2012 fire code inspection services related
to construction were transferred from the Montgomery County Fire and Rescue Services to the
Department of Permitting Services. This move merged services into existing business processes of DPS
and resulted in significant enhancement to services through time and cost savings to businesses and
residents. Lengthy delays in inspection services and separate inspection fees were eliminated. Savings
that have amounted to approximately 6-8 weeks of reduced time awaiting inspections and cumulatively
millions of dollars of cost savings. These time savings have also resulted in earlier return on investments
for businesses locating in Montgomery County.
However, not all inspection services transferred. Inspections of existing buildings remained at MCFRS.
At the time of the transfer of fire code inspection services related to construction, the work group
comprised of representatives from businesses, the Department of Economic Development, the
chambers of commerce, MCFRS, and DPS all recognized that the next step for streamlining fire code
compliance services was the transfer of the remaining inspections for existing buildings.
This transfer of the remaining portion of fire code compliance services was effected earlier this year with
the approval of the FY17 operating budget. The transfer has been accomplished through the
cooperative work of Fire Chief Goldstein and his staff at MCFRS, along with DPS to effect a smooth
transfer of the remaining fire code compliance services to DPS. DPS will continueto support MCFRS and
work together as we always do.
This transfer and consolidation in DPS is expected to result in increased efficiencies of costs and staffing
and improved consistency of interpretation and application of the same NFPA Code. We will be able to
realize opportunities for combined existing building inspections with construction related tenant fit-out
inspections and realize cost efficiencies through use of existing permit and inspections infrastructure
including for the processing and tracking of applications, scheduling of inspections, collection of and
accounting for revenue.
Expedited Bill 29-16 provides clarity for the public with respect to proVision of fire code compliance
services for all structures in the streamlined DPS model and will memorialize the transfer of all fire code
compliance services as reflected in the approved DPS FY17 Budget.
The initial transfer of services has been highly successful and we look forward to extending that success
to the recent transfer of fire code compliance services for existing buildings. On behalf of County
Executive Leggett, thank you for your consideration and we urge the County Council to approve
Expedited Bill 29-16.
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-J~PARTII.1Ef\jTAND
OFFICE­
ILDING ASSOCIATION OF
METROPOLITAN WASHINGTON
WRITTEN STATEMENT OF THE APARTMENT AND OFFICE BUILDING
ASSOCIATION OF METROPOLITAN WASHINGTON IN SUPPORT OF
EXPEDITED BILL 29-16, FIRE SAFETY CODE - ADMINISTRATION ­
REORGANIZATION
AUGUST 10,2016
The Apartment and Office Building Association of Metropolitan Washington (AOBA) is
a non-profit trade association representing more than more than 122,000 apartment units and
over 30 million square feet of office space in suburban Maryland, the majority of which,
including 62,400 apartment units and over 24 million square feet of office space, are located in
Montgomery County. AOBA is pleased to submit this statement in support of Bill 29-16, Fire
Safety Code - Administration - Reorganization. County Executive Isiah Leggett's legislative
proposal seeks to complete the transfer, begun in 2012, of fire code compliance functions from
the Montgomery County Fire and Rescue Service (MCFRS) to the Department of Permitting
Services (DPS). In 2012, the County transferred responsibility for inspections of fire protection
systems in
new
construction to DPS while MCFRS retained authority over existing buildings.
Expedited B29-16 will move those remaining functions applicable to existing buildings from
MCFRS to DPS. AOBA concurs with the County Executive that the proposed change will
further the County's goal of cementing DPS' position as a one-stop shop for permit issuance and
inspection functions while allowing MCFRS to retain the authority to enter a site to preserve life
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and property and over fire and explosive investigations - core functions properly housed with
that agency.
AOBA commends the County Executive for proposing the consolidation, which fittingly
is being considered at the same time that the County is conducting a business regulatory reform
effort. Earlier this year, the County Executive charged his Economic Advisory Group with
leading a "Regulatory Reform" effort in the County to receive feedback on opportunities for
streamlining rules and regulations for businesses, and for improving the County government's
services to businesses. The transfer of fire protection systems for existing buildings, following
budget approval as part of the FYI7 operating budget, will help the County achieve the desired
goal of improving critical County government services while also resulting in desired cost
savings and efficiencies in the operation and administration of the County's fire protection
inspection functions. AOBA hopes that, these improvements and savings will also translate into
reduced permit fees and review time for DPS customers.!
Lower costs and shorter review
periods will help enhance the County's competitive position in the region and foster an
environment for business investment and growth.
The efficient administration of a jurisdiction's licensing and permitting authority and the
ease with which customers can obtain applicable permits and licenses to open and operate
businesses are critical components of any economic development strategy. AOBA members are
continuously seeking, for example, permits for tenant build-outs, having plans reviewed, and
build-out work inspected before occupancy. The final transfer of fire protection systems for
lEconomic Impact Statement #1 ("Because of such economies of scale, operating costs by the County government
are reduced and such savings may support lower permitting fees and reduce processing time to review permits.
Finance assumes that both lower permitting fees and permitting time would yield lower costs of private
construction."); and #2 ("The variables that could affect the economic impact statements are the reduction in the
amount of permitting fees from current fees and the reduction in the amount of time to review and process the
permits.")
2
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existing buildings will allow AOBA members and other customers to visit a single agency. In
real estate, time is money, and the less time our members spend visiting multiple agencies to
secure pennits, the more quickly they can open and operate businesses which contribute to the
County's tax base. AOBA is especially encouraged by the DPS director's testimony at the
August 2 hearing that the transfer will also result in improved consistency of interpretation and
application of applicable codes. The manner in which a jurisdiction implements its regulatory
polices can tarnish or enhance its reputation as an attractive place to do business. Conflicting
interpretations by sister agencies can signal to existing and prospective businesses that a
jurisdiction's regulatory climate cannot and will not support their location, operation and
expansion. Time spent navigating conflicting agency positions is time and importantly, money,
not spent investing in the County.
Finally, AOBA commends MCFRS, DPS and their respective leadership for their
effective and efficient administration of agency functions. These departments recognize and
understand the value of working with, and informing, the public, their customers, on various
initiatives. Their role as ambassadors for the County to the public along with adoption of B29-16
will help encourage residents, businesses and investors to "Choose Montgomery." Thank you for
the opportunity to submit this written statement expressing AOBA's strong support ofB29-16.
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Mission Statement
The Department ofPennitting Services' (DPS) primary mission is to promote the health, safety and welfare and economic well-being of
residents, businesses and communities of Montgomery County with timely, professional, transparent and consistent review and processing of
plans and pennits and through inspections ofstructures, rights-of-way and development. DPS protects the public through application and
enforcement of national, state and local codes for fire and life safety, electrical, mechanical, energy, accessibility, building and other public
safety and zoning codes. DPS protects the environment through application and enforcement of national, state and local environmental
protection codes protecting our natural resources. DPS protects residential and business communities and users of public rights-of-way
through inspections of work within public rights-of-way and inspections to assure adherence to approved site plans and special exceptions.
DPS strives to promote economic well-being and customer service through ongoing process improvements, timely response and service
while ensuring that structures are safe for occupants and visitors, sustainable for future generations and that development is consistent with
requirements to protect the environment.
Budget Overview
The total approved FY17 Operating Budget for the Department ofPennitting Services is $37,744,592, an increase of$3,851,187 or 11.36
percent from the FY16 Approved Budget of$33,893,405. Personnel Costs comprise 74.91 percent ofthe budget for 236 full-time
position(s) and two part-time position(s), and a total of243.65 FTEs. Total FTEs may include seasonal or temporary positions and may
also reflect workforce charged to or from other departments or funds. Operating Expenses account for the remaining 25.09 percent of the
FY17 budget.
County Government Reorganization
In Spring 2016, the County Executive announced the transfer of the Fire Code Compliance section of Fire Rescue Services to the
Department ofPennitting Services. The department also internally reorganized several divisions, which are reflected below. A new division
of Fire Prevention and Fire Code Compliance has been created in the Department ofPennitting Services to complete the County
Executive's goal of a "one-stop shop" for efficient service delivery and to reduce costs. The department also internally reorganized several
divisions, which is reflected below.
In FY 17 the Infonnation Technology Automation Enhancement fee will be suspended and the square footage fee for one and two-family
detached dwelling units that exceed 5,000 square feet is extended for an additional year.
Linkage to County Result Areas
While this program area supports all eight ofthe County Result Areas, the following are emphasized:
.:. An Effective and Efficient Transportation Network
.:. Healthy and Sustainable Neighborhoods
.:. A Responsive, Accountable County Government
.:. Safe Streets and Secure Neighborhoods
.:. Strong and Vibrant Economy
.:. Vital Living for All of Our Residents
Department Performance Measures
Permitting Services
Community Development and Housing
63-1
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Performance measures for this department are included below (where applicable), with multi-program measures displayed at the front of this
section and program-specific measures shown with the relevant program. The FY16 estimates reflect funding based on the FY16 approved
budget. The FY17 and FY18 figures are performance targets based on the FY17 approved budget and funding for comparable service levels in
FYI8.
Initiatives
{~
The current Information Technology Automation Enhancement fee will be suspended in FYI7.
o
Create the new Fire Prevention Division to complete the County Executive's goal of a "One Stop Shop". This division will
streamline fire safety and protection services.
()
eview the sign permit processes
R
o
ontinue migration to eServices and begin mandating the use of ePermits and ePlans
C
o
Redesign the Department's current website to be more responsive and user-friendly
o
dopt new codes including those from the National Fire Protection Association
A
o
mplement the International Green Construction Code
I
o
ublish Roadside Tree Manual
P
Accomplishments
~
Implemented eServices for new homes, residential additions, renovations, decks, commercial building, commercial alterations,
commercial additions, fire alarm and fire protections systems, electrical permits, residential revisions, rooftop solar, electrical vehicle
charging stations, right-of-way permits for utilities, driveway and engineered plans, fences, and recently completed stormwater
management, special protection area plan approvals and sediment control permits. To date the department has processed over
8,000 plans electronically. Additionally, electronic check payment was launched and implemented the County's new credit card
payment system with expanded credit card option.
~
Performed a comprehensive study and restructuring of all fees, including adoption of regulations and application of new rate
structures for all calculations in the permitting system in FY 16. The revised residential fees eliminated a regressive rate system,
reduced permit fees for smaller houses, and provided a reduced rate for MPDU units in multi-family structures.
o
o
Won a National Assocation of Counties (NACO) award for its One-Stop Shop Fire and Life Safety Permitting and Inspection unit
which continues to provide consistently improved services for local businesses.
Implemented County roadside tree and tree canopy programs through adoption of regulations, incorporation into permit processing,
creation of review policy, application of requirements and completion ofdraft Roadside Tree Design Guidelines. In FY15 the
roadside tree program resulted in 300 trees being protected and 140 trees being planted.
o
eceived Maryland Department ofthe Environment renewal of delegation of the sediment control program
R
~
Launched the sign enforcement program
~
Opened a Washington Suburban Sanitary Commission office at DPS
Productivity Improvements
. . Launched 30-days review plans processing program
. . Created solar and townhouse models for plan review reference
63-2
Community Development and Housing
FY17 Operating Budget and Public Services Program FY17-22
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. - Improved processing and response times - sign permits went from an estimated seven weeks to one week; service requests increased
over 22% to 2,263 and response time decreased by two days
Program Contacts
Contact Barbara Suter ofthe Department of Permitting Services at 240.777.6244 or Dennis Hetman of the Office of Management and
Budget at 240.777.2770 for more information regarding this department's operating budget.
Program Descriptions
Land Development
The Land Development program is responsible for ensuring the protection of the County's land and water resources and for the protection
ofthe environment and the safety of residents and businesses through its engineering and inspection functions related to stormwater
management, sediment control, floodplain management, special protection areas, well-and-septic systems approval, storm drain design and
construction, roadside tree protection, tree canopy enhancement, record plat approval and compliance and work in the public right-of-way.
Actual Actual Estimated Target Target
FY14
FY15
FY16
FY17
FY18
5.0
39.2
12.3
10.3
14.2
5.71
37.35
1526
11.62
9.71
95.2
Yes
5
5
5
Program Performance Measures
Right of way Permits -- DPS average review time (In days)
Sediment Control Permits - DPS average review time (In days)
Septic Permits - DPS average review time (In days)
Well Permits ­ DPS average review time (In days)
Record Plats ­ DPS average review time (In days)
Sediment Control Enforcement ­
%
of sites in compliance within 5 days following November
Successful Maryland Department of the Environment (MDE) Delegation of Review of Sediment Control
and Storm-Water Management
30
15
12
9
95.0
Yes
30
12
12
9
95.0
30
10
10
9
95.0
Yes
FY17 Approved Changes
FY16 Approved
Increase Cost: Project Search Intern
Multi-program adjustments, including negotiated compensation changes, employee benefrt changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
FY17 Approved
Expenditures
7,738,804
17,905
107,606
7,864,315
FTEs
62.50
0.50
0.50
63.50
Customer Service
The Customer Service program ensures customer service and satisfaction. Customer Service offers concierge service through its case
management program to help coordinate DPS disciplines engaged in plans reviews on complex projects or projects needing a higher level of
assistance. Customer Service assists applicants with intake and issuance of permits and facilitates the processing of permits for "green tape"
projects (i.e., affordable housing and areas such as the Silver Spring, Wheaton, and Long Branch enterprise zones, strategic economic
development projects, strategic redevelopment areas such as White Flint, and faith based institutions). This division measures customer
satisfaction through communication and public outreach. Customer Service receives complaints, processes information requests, responds to
departmental correspondence, maintains the DPS web site, publishes the DPS newsletter, and coordinates outreach events and seminars for
residents, civic organizations and professionals.
FY17 Approved Changes
FY16 Approved
Multi-program adjustments, including negotiated compensation changes, employee benefit changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
FY17 Approved
Notes:
The department intemally reorganized. The Customer Service program has been shifted to the Administration Division.
Expenditures
1,194,424
(1,194,424)
FTEs
10.00
(10.00)
o
0.00
-p-e-rm--j-tt-j-n-g-s-e-rv--j-c-e-s--------------------------------------------
----C--om--m-u-n-ft-y-D-e-v-e-w-p-m-e-n-t-a-nd--H-o-u-sl-n-g
---6-3-.-3
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Building Construction
The Commercial Construction Division is responsible for ensuring public safety through the effective enforcement of commercial building
construction codes and standards. This Division processes building, mechanical and electrical permit applications, issues permits, and
maintains related records.
The Residential Building and Intake Division is responsible for ensuring public safety through the effective enforcement of residential building
construction codes and standards. This Division processes all building permit applications, issues permits, and maintains related records.
FY17 Approved Changes
FY16
Approved
Multi-program adjustments, including negotiated compensation changes, employee benefit changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
Expenditures
11,377,075
(11,377,075)
FTEs
95.90
(95.90)
FY17
Approved
o
0.00
Notes:
The department intemally reorganized. The Building Construction program has been divided into two programs: Commercial Construction
and Residential Building and Intake.
Commercial Construction
The Commercial Construction program is responsible for ensuring public safety through the effective enforcement of Commercial building
construction codes and standards. This is accomplished through engineering plan review and construction inspection related to the
administration and enforcement of building, structural, electrical, mechanical, fire-safety, and energy conservation codes and standards. This
program processes Building, Mechanical and Electrical permit applications, issues permits, and maintains related records. The program also
seeks correction of unpermitted building, electrical and mechanical code violations through a complaints program. This program is also
responsible for conducting damage assessments during natural and other disasters and incidents and provides assistance in disaster recovery
efforts.
Program Performance Measures
Commercial Permits ­ Additions - Average total time (In days)
1
Commercial Permits ­ Additions - DPS average review time (In days)
2
Commercial Permits ­ New Construction ­ Average total time (In days)
3
Commercial Permits ­ New Construction -- DPS average review time (In days)
4
Commercial Fast Track ­ Service within
2.5
hours
Building Construction Inspections ­ Percentage occuning on scheduled day
1
Based on plan tracking, DPS reviews are an average of
37
days. Permit issuance is
Actual
FY14
66.53
31
174.66
61.55
Actual
FY15
100.1
j1
Estimated
FY16
55
37
145.00
55.00
75
98
Target
FY17
55
Target
FY18
55
35
140.00
55.00
80
35
140.00
55.00
80
151.10
49.90
74.58
96.96
64
94
98
98
a
combination of department and applicant performance
times and may be impacted by satisfaction of related preconditions such
as
sediment control submissions and approvals and outside agency
approvals.
.
2
Permit issuance is
a
combination of department and applicant performance
times
and may be impacted by satisfaction of related preconditions
such
as
sediment control submissions and approvals and outside agency approvals. Total time includes post permit issuance revisions.
3
DPS Total review time was tracked
as
an average of
49.
90 total days. Permit issuance is
a
combination of department and applicant
performance times and may be impacted by satisfaction of related preconditions such
as
sediment control submissions and approvals and outside
agency approvals. Total time includes post permit issuance revisions.
4
Permit issuance is
a
combination of department and applicant performance times and may be impacted by satisfaction of related preconditions
such
as
sediment control submissions and approvals and outside agency approvals. Total time includes post permit issuance revisions.
fY17 Approved Changes
FY16
Approved
Multi-program adjustments, including negotiated compensation changes, employee benefit changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
Expenditures
FTEs
o
4,640,462
0.00
42.50
FY17
Approved
4,640,462
42.50
Notes:
The department intemally reorganized. The Building Construction program has been divided into two programs: Commercial Construction
and Residential Building and Intake.
63-4
Community Development and Housing
FY17 Operating Budget and Public Services Program FY17-22
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Residential Building and Intake
The Residential Building and Intake program is responsible for ensuring public safety through the effective enforcement of residential building
construction codes and standards. This is accomplished through engineering plan review and construction inspection related to the
administration and enforcement of building, structural, electrical, mechanical, fire-safety, and energy conservation codes and standards. This
program processes all building permit applications, issues permits, maintains related records, and seeks correction ofbuilding code violations
through a complaints program. This program is also responsible for conducting damage assessments during natural and other disasters and
incidents and provides assistance in disaster recovery efforts.
Program Performance Measures
Residential (home) Pennits - Additions - Average total time (In days)
1
Actual
FY14
17
8
73.65
16.2
94
96.53
96.54
Actual
FY15
19
7
73.23
18.7
95
Estimated
FY16
17
6
70.00
17.0
95
98
98
Target
FY17
17
6
60.00
16.0
96
98
98
Target
FY18
17
6
60.00
16.0
96
98
98
Residential (home) Pennits ­ Additions - DPS average review time (In days)
Residential (home) Permits ­ New Construction ­ Average total time (In days)
Residential (home) Pennits - New Construction ­ DPS average review time (In days)
Residential (home) Fast Track ­ Service within 2.5 hours
Mechanical Pennits ­ Walk-in service pennit within 2 hours
Electrical Pennits ­ Walk-in service permit within 2 hours
1
98.14
97.66
Permit issuance is
a
combination
of
department and applicant performance times and may be impacted by satisfaction
of
related preconditions
such as sediment control submissions and approvals and outside agency approvals.
FY17
Approved
Changes
FY16 Approved
Multi-program adjustments, including negotiated compensation changes, employee benefit changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
FY17 Approved
Expenditures
FTEs
0.00
42.80
42.80
o
5,149,708
5,149,708
Notes:
The department internally reorganized. The Building Construction program has been divided into two programs: Commercial Construction
and Residential Building and Intake.
Administration
The Administration program provides policy development and leadership for all programs within the department. Staff specialists are
responsible for a full range of administrative, financial, and budgetary tasks, including daily operations, revenue collection (fees and
development taxes and charges), reporting and management, automation, human resources, fleet management, training, safety, quality
assurance, legislative coordination, space management, historic files maintenance, and management services. This program provides
outreach, customer service satisfaction and case management, which coordinates DPS disciplines engaged in plan reviews on complex
projects or projects needing a higher level of assistance such as "green tape" projects (i.e., affordable housing and areas such as the Silver
Spring, Wheaton, and Long Branch enterprise zones, strategic economic development projects, strategic redevelopment areas such as White
Flint, and faith based institutions). This program receives complaints, processes information requests, maintains the DPS web site, publishes
the DPS newsletter, and coordinates outreach events and seminars for residents, civic organizations, and professionals.
Program Performance Measures
Complaint resolution - Average number of days from complaint filing to final resolution
Complaint response - Average number of days from the complaint being filed to first inspection contact
with customer
MPIA responses - percent of infonnation' requests responded to within 30 days after receipt by DPS
Percent
of
MC311 service requests (SR) meeting the service level agreement (SLA) response time
Actual Actual Estimated Target Target
FY14 FY15
FY16
FY17
FY18
9.0 14.83
12
12
12
4.2
3.38
'iJ1
3
100
3
100
3
100
99
81.3
90
.90
90
90
FY17 Approved Changes
FY16 Approved
Increase Cost: IT Replacement Plan
Enhance: Department of Transportation lab testing chargeback
Shift: Development Ombudsman from the County Executive's office
Add: Information Technology Specialist
Expenditures
9,697,142
250,000
200,000
187,498
183,027
Community Development and Housing
FTEs
13.10
0.00
0.75
1.00
2.00
Permitting Services
63-5
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FY17 Approved Changes
Increase Cost: Facility improvements to accomodate Division of Fire Prevention and Code Compliance
Increase Cost: Office Rent
Increase Cost: Risk Management Adjustment
Increase Cost: IT Maintenance Costs
Multi-program adjustments, including negotiated compensation changes, employee benefit changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
FY17 Approved
Expenditures
150,000
33,249
29,664
FTEs
0.00
0.00
0.00
0.00
13.00
29.85
4,999
1,450,923
12,186,502
Notes:
The department internally reorganized. The Customer Service program has been shifted to the Administration Division.
Zoning and Site Plan Enforcement
The Zoning and Site Plan Enforcement program protects the quality oflife in Montgomery County and the public heath, safety, welfare, and
comfort through the effective application and enforcement of zoning code standards and M-NCPPC certified site plan requirements. This
division reviews plans prior to permit issuance and conducts inspections, as well as investigates complaints in order to administer and enforce
the zoning standards established by Chapter 59 ofthe Montgomery County Code. This program regulates size, shape, height, and mass of a
building and the uses that are allowed on the property.
FY17 Approved Changes
FY16 Approved
Multi-program adjustments, iricluding negotiated compensation changes, employee benefit changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
FY17 Approved
Expenditures
3,885,960
173,719
4,059,679
FTEs
31.00
0.00
31.00
Fire Prevention and Fire Code Compliance
The Fire Prevention and Fire Code Compliance program is responsible for ensuring public safety through enforcement of the National Fire
Codes and Standards, the Montgomery County Fire Code and Maryland State Fire Prevention Codes. This is accomplished through plans
review, permit issuance and inspections of fire protection systems and fire alarm systems for new construction. The program is also
responsible for preventive inspections for existing occupied facilities within Montgomery County. This program issues Fire Code Compliance
permits and operational permits for all businesses, schools, multi-family buildings, healthcare facilities, places of worship and all other
commercial buildings or occupancies. This program also responds to and investigates code violations through a complaints program.
Program Performance Measures
Fire Protection (Sprinkler Permits) - Average total time (In days)
Fire Protection (Sprinkler Permits) - DPS average review time (in days)
FY17 Approved Changes
FY16 Approved
Shift: Transfer of Fire Rescue Code Compliance to DPS
Add: Division Chief - Division of Fire Prevention and Code Compliance
Multi-program adjustments, including negotiated compensation changes, employee benefrt changes,
changes due to staff turnover, reorganizations, and other budget changes affecting multiple programs.
FY17 Approved
Actual
FY14
34.6
33.6
Actual
FY15
15
11.60
Estimated
FY16
15
12
Expenditures
0
2,743,878
133,362
Target
FY17
15
12
Target
FY18
15
12
FTEs
0.00
26.00
1.00
7.00
34.00
966,686
3,843,926
63·6
Community Development and Housing
FY17 Operating Budget and Public Services Program FY17-22
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I
Budget Summary
Actual
FY15
Budget
FY16
Estimate
FY16
Approved
FY17
%Chg
BudlApp
PERMITTING SERVICES
EXPENaruRES
Salaries and Wages
Employee Benefits
17,140,293
6,638,516
18,036,021
6,979,039
18,122,077
6,764,992
20,866,345
7,408,950
15.7%
6.2%
Permitting Services Personnel Costs
Operating Expenses
23,778,809
7,408,453
25,015,060
8,878,345
24,887,069
8,794,499
28,275,295
9,469,297
13.0%
6.7%
Permitting Services Expenditures
31,187,262
201
206.50
1,843,372
18,619,057
4,058,410
1,701,380
5,462,025
65,618
1,545,272
(1,039)
693,126
67,645
114,445
452,502
3,056,766
155,908
230,400
295,150
0
303,950
33,893,405
207
1
212.50
1,942,650
17,303,987
3,403,352
2,435,618
4,777,732
177,460
1,547,794
0
1,201,028
75,059
85,043
1,954,704
1,222,542
317,674
322,149
133,765
1,175,879
344,150
33,681,568
207
1
212.50
2,215,709
25,665,265
3,997,312
1,412,610
5,811,013
148,370
1,185,045
0
885,252
104,484
147,464
0
3,306,018
140,650
322,149
281,443
1,034,616
299,412
37,744,592
236
2
243.65
0
25,665,265
3,997,312
2,847,610
5,811,013
211,960
1,185,045
0
885,252
104,484
147,464
880,061
3,306,018
140,650
322,149
281,443
1,034,616
299,412
11.4%
14.0%
100.0 %
14.7%
-100.0 %
48.3%
17.5%
16.9%
21.6%
19.4%
-23.4 %
-26.3 %
39.2%
73.4%
-55.0 %
170.4%
-55.7 %
110.4%
-12.0 %
-13.0 %
PERSONNB...
FUll-Time
Part-Time
FTEs
REVelJES
Automation Enhancement Fee
Building Permits
Electrical Permits and Licenses
Fire Code Enforcement Permits
Grading/Storm Drains/Paving/Driveway Permits
Investment Income
Mechanical Construction Permit
Miscellaneous Revenues
Occupancy Permits
Other Charges/Fees
Other Fines/Forfeitures
Other Licenses/Permits
Sediment Control Permits
Sign Permits
Special Exception Fee
Stormwater Mgmt and Water Quality Plan Fee
Utility Permits
Well and Septic
Permitting Services Revenues
38,663,987
38,420,586
46,956,812
47,119,754
22.6%
I
FY17 Approved Changes
Expenditures
FTEs
PERMITTING SERVICES
FY16 ORIGINAL APPROPRIAllON
33,893,405 212.50
200,000
183,027
133,362
2,743,878
422,503
250,000
187,498
150,000
148,625
135,031
33,249
29,664
17,905
4,999
0.75
2.00
1.00
26.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.50
0.00
Changes (with service impacts)
Enhance: Department ofTransportation lab testing chargeback [Administration]
Add: Information Technology Specialist [Administration]
Add: Division Chief - Division of Fire Prevention and Code Compliance [Fire Prevention and Fire Code Compliance]
Other Adjustments (with no service impacts)
Shift: Transfer of Fire Rescue Code Compliance to DPS [Fire Prevention and Fire Code Compliance]
Increase Cost: FY17 Compensation Adjustment
Increase Cost: IT Replacement Plan [Administration]
Shift: Development Ombudsman from the County Executive's office [Administration]
Increase Cost: Facility improvements to accomodate Division of Fire Prevention and Code Compliance [Administration]
Increase Cost: Group Insurance Adjustment
Increase Cost: Annualization of FY16 Lapsed Positions
Increase Cost: Office Rent [Administration]
Increase Cost: Risk Management Adjustment[Administration]
Increase Cost: Project Search Intem [Land Development]
Increase Cost: IT Maintenance Costs [Administration]
Permitting Services
Community Development and Housing
63-7
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Expenditures
Increase Cost: Printing and Mail
Decrease Cost: Retiree Health Insurance Pre-funding
Decrease Cost: Motor Pool Adjustment
Shift: Telecommunications to the Telecommunications Non-Departmental Account
Decrease Cost: Elimination of One-Time Items Approved in FY16
Decrease Cost: Retirement Adjustment
Decrease Cost: Annualization of FY16 Personnel Costs
3,329
(160)
(12,131)
(76,010)
(111,940)
(246,821)
(344,821)
FTEs
0.00
0.00
0.00
0.00
0.00
0.00
(0.10)
FY17
APPROVED
37,744,592 243.65
I
Program Summary
Program Name
Land Development
Customer Service
Building Construction
Commercial Construction
Residential Building and Intake
Administration
Zoning and Site Plan Enforcement
Fire Prevention and Fire Code Compliance
FY16 APPR
"
ExpendItures
7,738,804
1,194,424
11,3n,075
0
0
9,697,142
3,885,960
0
FTEs
62.50
10.00
95.90
0.00
0.00
13.10
31.00
0.00
FY17 APPR
Expenditures
7,864,315
0
0
4,640,462
5,149,708
12,186,502
4,059,679
3,843,926
FTEs
63.50
0.00
0.00
42.50
42.80
29.85
31.00
34.00
Total
33,893,405
212.50
37,744,592
243.65
I
Future
Fiscal Impacts
~
PERMITTING SERVICES
EXPENIlTURES
FY17 Approved
No inflation or compensation change is included in outyear projections.
.
CC APPROVED ($OOOs)
m7
m8
m9
~
~
~
37,745
37,745
37,745
37,745
37,745
37,745
Annualization of Positions Approved in
FY17
0
79
79
79
79
79
New
pos~ions
in the FY17 budget are generally assumed to be filled at least two months after the fiscal year begins. Therefore, the above amounts reflect
annualization of these positions in the outyears. Added 2 IT specialists and 1 Division Chief calculated in the FY17 budgeted at three fourths annual costs,
out years indude the additional one quarter differential
Elimination of One-Time Items Approved in FY17
IT Maintenance Costs
IT Replacement Plan
0
(170)
(170)
127
379
(170)
(170)
10
(282)
(170)
10
(282)
Items recommended for one-time funding in FY17 will
be
eliminated from the base in the outyears.
0
0
124
(282)
52
169
Represents additional maintenance costs for the system upgrades and post-warranty maintenance for servers, scanners, and printers.
Key components of
Perm~ing
Service's technology replacement plan include: FY18 Scanners ($31,500) FY19 Servers $60,000, Servers $600,000; FY20
Permit DB Servers - Hardware & Software $450,000 FY21 Scanners ($31,500)
Office Rent
Represents projected rent increase.
0
76
(36)
64
(76)
144
68
(97)
144
72
(120)
144
72
(120)
144
Retiree Health Insurance Pre-funding
Labor Contracts
Subtotal Expenditures
o
0
These figures represent the estimated cost of pre-funding retiree health insurance costs for the County workforce.
144
These figures represent the estimated annualized cost of general wage adjustments, service increments, and other negotiated items.
37,745
37,680
38,292
37,990
37,478
37,478
I
Annualization of Personnel Costs and FTEs
63-8
Community Development and Housing
FY17 Operating Budget and Public Services Program FY17-22
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Information Technology Specialist
Division Chief - Division of Fire Prevention and Code Compliance
170,227
121,662
2.00
1.00
215,984
155,003
2.00
1.00
Total
291,889
3.00
370,987
3.00
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