Agenda Item 4C
November 15,2016
Action
MEMORANDUM
November 10, 2016
TO:
FROM:
SUBJECT:
County Council
t1
Jeffrey
L.
zyon/Lior Legislative
Analyst
Action:
Expedited Bill 35-16, Building Permits - Amendments
Planning, Housing and Economic Development Committee recommendation (3-0):
enact
Bill 35-16 with the following amendments
Line 100Delete the reference to the closure of private roads as this topic is covered by Bill 34-15.
Editorial changes to correct punctuation, and capitalize the words Chapter, Director, and Land
Record; and
Relocate misplaced provisions in the Bill as introduced.
The Committee recommends an effective date of February 13, 2017. This date will match the proposed
effective date for SRA 16-01.
Expedited Bill 35-16, Building Permits - Amendments, sponsored by Lead Sponsor Planning,
Housing and Economic Development Committee, was introduced on August 2. A Planning, Housing and
Economic Development Committee worksession was held on September
12
and a public hearing was held
on September 13 at which there were no speakers.
Bill 35-16 is tied to the approval of Subdivision Regulation Amendment (SRA) 16-01 and Zoning
Text Amendment (ZTA) 16-12. SRA 16-01 includes provisions for ownership units (previously called
o~ership
lots). These ownership units may result in fire code violations when there is a use certificate
or a building on the parent lot. Bill 35-16 would require a permit when this situation occurs to avoid
violations. SRA 16-01 will also remove building permit provisions in the Subdivision Code. Bill 35-16
will include the building permit provisions deleted from that code.
Bill 35-16 would also include the building permit provisions currently in Chapter 59 which will
be deleted from Chapter 59 by ZTA 16-12. The intent of these amendments is to consolidate building
permit provisions to one chapter of the County Code.
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Issues
What is the relationship between Bill 35-16 and ZTA 16-12?
ZTA 16-12 deletes provisions currently in the Zoning Code (Chapter 59). The deleted provisions
are included in Bill 35-16. Bill 35-16 would amend Chapter 8 so that all building permit provisions are
in a single chapter of code. The following show the deleted provisions in ZTA 16-12 and where those
provisions would be included in other sections of code.
Lines 46 to 57 in Bill 35-16 replace the exemption from building permits approval for agricultural
facilities that would be deleted in the Zoning Code by ZTA 16-12 (lines 46 to 52).
Lines 54 to 63 in Bill 3 5-16 would replace the exemption from building permits approval for utility
equipment that would be deleted in the Zoning Code by ZTA 16-12 (lines 53 to 62).
Lines 121 to 1'28 in Bill 35-16 would replace the requirement for more information for larger
parking lots that would be deleted in the Zoning Code by ZTA 16-12 (lines 64 to 69).
Lines 83 to 95 in Bill 35-16 would replace the requirement for the Planning Director review of
building permits that would be deleted in the Zoning Code by ZTA 16-12 (lines 71 to 78).
Lines 129 to 137 in Bill 35-16 would replace the requirement to allow variations from site plans
that would be deleted in the Zoning Code by ZTA 16-12 (lines 82 to 90).
Lines 198 to 216 in Bill 35-16 would replace the requirement concerning use and occupancy
permits that would be deleted in the Zoning Code by ZTA 16-12 (lines 91 to 101).
Lines 255 to 263 in Bill 35-16 would replace the requirement concerning the building permit
approval process and necessary findings that would be deleted in the Zoning Code by ZTA 16-12
(lines 110 to 122).
How does Bill 35-16 relate to SRA 16-01?
As introduced, SRA 16-01 repeated the current building permit provisions in the subdivision code.
For example, the current code prohibited the issuance of a building permit for any lot or parcel not shown
on a record plat or in violation of a building restriction line. Those provisions are not included in the July
18 staff proposed redraft ofSRA 16-01 and included in Chapter 8 through the approval of Bill 35-16 (lines
36 to 41).
SRA 16-01 allows for private roads and ownership units. Bill 35-16 would require a permit from
DPS to close a private road or to create or alter any ownership unit when a use under an occupancy
certificate or a structure exists on the parent lot. The Department is concerned about maintaining safe
access to occupied buildings.
These provisions can be approved without regard to the approval ofSRA
16-01.
2
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What happens
if the
Council decides not to approve
Bill 35-16?
The Council should not approve ZTA 16-12 unless it also approves the provisions of Bill 35-16
that replace the deleted provisions in ZTA 16-12.
The attachments to this packet include the Bill as introduced and also the Bill as recommended
by
staff to the PRED Committee.
This Packet Contains:
Expedited Bill 35-16
Legislative Request Report
Bill Draft with Staff Amendments
Fiscal and Economic Impact statement
Circle #
1
13
14
26
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Expedited Bill No. ----'3=5'--1=6'--_ _ __
Concerning: Building
Permits
Amendments
Draft No. _1_
Revised:
7/27/2016
Introduced:
August 2. 2016
Expires:
February 2. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ---=-:,No=n.:..:e'--_ _ _ _ __
Ch, _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Planning, Housing, and Economic Development Committee
AN
ACT to:
1) include the building pennit provisions currently in Chapter 50;
2) include the building pennit provisions currently in Chapter 59; and
3) generally amend County law regarding building permits.
By amending
Montgomery County Code
Chapter 8, Building Pennits
Sections 8-1, 8-8, 8.;.13, 8-14, 8-24, and 8-28
Boldface
Underlining
[Single boldface brackets]
Double undedining
[[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. 35-16
1
2
Sec.
1.
Chapter 8 is amended by amending Sections 8-1, 8-8, 8-13, 8-14, 8­
24 and 8-28 as follows:
8-1. Scope and applicability.
(a)
Generally.
This [chapter shall be construed to include those] Chapter
3
4
5
6
7
8
9
includes the rules and regulations adopted [pursuant to] under [section]
Section 8-13[, herein,] which [shall have] have the force [and effect] of
law.
It
[shall be] is known as the building code of Montgomery County.
It
[shall control] controls all matters concerning the construction,
alteration, addition, repair, removal, demolition, use, location, creation
or alteration of any ownership unit, closure of any private road,
occupancy and maintenance of all buildings and structures, on-site
access facilities to such buildings and structures
[and]~
10
11
12
their service
13
14
equipment [as herein defined and shall applyL This Chapter applies to
existing or proposed buildings and structures in the county.
(b)
Intent.
[This chapter shall be construed to secure its expressed intent
which] The intent of this Chapter is to [insure] assure public safety,
health and welfare [insofar] as [they were]
15
16
17
18
11
is affected by building
construction, [through] structural strength, [adequate] egress facilities,
sanitary equipment, light. . utilities and ventilation. . occupancies, and fire
safety [and inL
In
general, the intent of this chapter is to secure safety to
life and property from all hazards [incident to] associated with the
design, erection, repair, removal, demolition or use and occupancy of
buildings, structures or premises.
(
c)
19
20
21
22
23
24
Applicability generally.
25
ill
[The
provisions of this chapter shall apply] This Chapter
construction, raising, lowering, moving,
26
27
applies to the
demolition or occupancy of all buildings and structures and
o
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EXPEDITED BILL
No. 35-16
28
29
30
31
32
33
34
35
36
their appurtenant construction, including vaults, area and street
projections, on-site access facilities, [and] accessory structures,
and additions [, and shall apply with equal force
t
It
applies to
public and private buildings, except where such buildings are
otherwise specifically [provided for] excluded by statute.
It
also
applies to the creation or alteration of any ownership unit, and the
closure of any private road.
ill
A building permit may only be issued for
~
building located on:
(A)
~
lot or parcel shown on
~
~
plat recorded in the County
37
38
39
40
41
42
43
44
45
46
Land Records or on
parcel exempt from recording
requirements under Section 50-3.3; and
.an
(d)
an area outside of any building restriction line and
outside
- - -
restricted under Section 50-4.3 .K.
the area
Exemptions.
[No building] All buildings or structures [shall] must be
constructed, extended, repaired, removed or altered [in violation of
these provisions] under
~
permit that satisfies this Chapter, except
for~
ill
ill
ordinary repairs as defined in [section] Section 8-3;
~
building or structure used exclusively for agricultural
purposes on land used exclusively for agriculture; however,
£!
47
48
49
permit under this Chapter is required for:
(A)
~
building or structure used for
~
purpose that is not
exclusively agricultural, including conditional uses, even
though located on otherwise agricultural land;
50
51
52
53
.an
ill
an equestrian facility, building, or structure intended for
use by participants or spectators at an equestrian event;
the following public utility equipment:
@
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EXPEDITED BILL
No. 35-16
54
55
56
57
58
59
(A)
any structure and its attached cross arms carrying overhead
electric power and energy transmission and distribution
lines that
~
69,000 volts or less;
ffi.)
equipment installed and maintained
!2y
~
public utility
under regulation
Qy
the State Public Service Commission;
or
60
61
.em
poles or structures used for street lights, fIre alarm boxes,
traffic signals, or similar municipal equipment installed
Qy
the State or
~
local municipality
62
63
[and except further, that the raising or lowering or moving of a building
or structure as a unit necessitated by a change in legal grade or widening
of a street shall be permitted; provided that the building is not otherwise
altered or its use or occupancy changed].
(e)
Matters not provided for.
Any requirement essential for structural, fire
64
65
66
67
68
69
70
71
or sanitary safety of an existing or proposed building or structure or
essential for the safety of the building'S occupants [thereof] and which
is not specifically covered by this chapter, [shall] must be determined by
the director [in accordance with procedures set forth in] under [section]
Section 8-13.
72
73
(t)
Zoning restrictions and referrals.
74
75
76
77
78
ill
When the provisions specified in this [chapter] Chapter for
structural, fire", and sanitary safety are more restrictive than
those [set forth] in [chapter] Chapter 59 [of this Code], this
[chapter shall control] Chapter controls the erection or
alteration of buildings
ill
respect to location, use, permissible
area and height; but [in any case,] the more rigid requirements
79
0)
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EXPEDITED BILL
No. 35-16
80
of either the building code or the zoning ordinance [shall apply]
applies whenever they [may be] are in conflict.
81
82
83
ill
The Director must submit the application to the Planning
Director for review for any building permit that requests:
84
®
(ID
construction of
~
new principal structure; and
construction that increases the gross floor area of an
existing commercial structure.
85
86
87
88
89
90
ill
The Planning Director must confirm in writing that the submitted
application satisfies Chapter 59 and that the property has all
necessary approvals and satisfied all necessary conditions
required by the Planning Department and Planning Board and
identify for each permit the amount of any school facility
payment, transportation mobility area review payment or other
development payment other than impact taxes that is required to
be paid as
~
condition of building permit.
91
92
93
94
95
ill
A
building permit application for
~
child lot in the Agricultural
96
97
98
99
100
101
102
103
104
105
106
Reserve Zone may only be approved if the child for whom the lot
is created is owner of the lot in the County land records. A
building pennit for
g
detached house on
g
child lot must be issued
only to:
®
(ID
~
child of the property owner;
the spouse of
~
child of the property owner;
~
~
.cg
CD)
contractor for
~
child ofthe property owner; or
contractor for the spouse of
~
child of the property
owner.
8-2. Definitions.
* * *
G)
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EXPEDITED BILL
No. 35-16
107
Ownership unit:
An area of land shown on
~
record plat created only for the
~
108
109
110
111
112
convenience of the owner under Section 7.1.D of Chapter 50 that reflects
mortgage, or lease line but does not subdivide the underlying lot.
deed,
* * *
Parent lot:
~
subdivided lot that is further divided
Qy
one or more ownership units.
* * *
Private Road:
Any street, highway, avenue, lane, alley, or viaduct, or any segment of
113
114
115
any of them, including any adjacent sidewalk that has not been deeded, dedicated or
otherwise permanently appropriated to the public for public use.
116
117
118
* * *
8-8. [Reserved] Site plan or conditional use approval.
119
120
121
122
123
124
125
.cru
For projects that do not require site plan approval or conditional use
approval and include more than
lQ
parking spaces, an application for
building permit must include
~
plan showing:
ill
ill
ill
ill
the location and design of entrances and exits to public roads;
the location and size of all buildings and structures;
the location of parking spaces, directional markings, traffic­
control devices and signs; and
that it satisfies Division 59-6.2 of Chapter 59.
126
127
128
ru
For
~
site with
~
conditional use:
ill
The Department may allow mmor adjustments during
construction that the Planning Director has confirmed do not
substantially alter the size, location, or external appearance of
any approved building, structure, or use.
129
130
131
132
133
ill
Any
change
proposed during
construction that
would
substantially alter the location or external appearance of any
G
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EXPEDITED BILL
No. 35-16
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
approved building, structure, or use reqUIres an amendment
under Article 59-7 of this Code.
* * *
8-13. Regulations.
(a)
The [director] Director may recommend [written] regulations for the
administration [of the provisions] of this chapter including a schedule of
fees and may, at [his] the Director's discretion, hold public hearings as
part of this regulation-making process. [Such regulations and]
Regulations [amendments thereto shallL. as amended, must not conflict
with [nor] or waive any provisions of this chapter [nor be less restrictive
than its provisions]. Such regulations must be at least as restrictive as
the requirements of this Chapter [and shall] All regulations must be
adopted by the [county executive] County Executive under method (2)
of [section] Section 2A-15 [of this Code]. [In the case of fees, the] The
[county executive shall] County Executive must promptly forward to
the [county council] County Council a copy of [the] any new fee
schedule for use in budgetary planning activities. Such fees [shall be in
accordance with formulas based upon criteria to include or] may be
based on area, estimated cost of construction.. or a minimal set fee per
category[, not to exceed] The budget estimate of all fees must be equal
to the cost of administering [and enforcing] this Code.
(b)
The Director must hold at least one public hearing, after adequate public
notice, before recommending to the Executive any regulations adopted
under this Chapter [adopting standards and requirements for the
construction, alteration, addition, repair, removal, demolition, use,
location, occupancy, and maintenance of all buildings and structures or
parts of either, on-site access facilities to buildings and structures, and
o
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ExPEDITED BILL
No. 35-16
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
their servIce equipment]. [Those] All regulations [, adopted under
method (2)], related to the construction or demolition must be based on
the latest edition of the ICC International Building Code and any local
amendments to that Code.
8-14. Standards applicable.
ill
The edition of the ICC International Building Code designated under
Section 8-13 is the basic County building code. The construction,
alteration, addition, repair, removal, demolition, use, location,
occupancy, and maintenance of all buildings and structures or parts
thereof, on-site access facilities to buildings and structures, and their
service equipment must meet the standards and requirements [set
forth] in that Code, or as amended under Section 8-13.
ill
The closure of any private road must meet the standards and
requirements of Chapter 22 and Chapter 49.
* * *
8-24. Application for permit.
(
a)
When required.
It [
shall be] is unlawful to construct, enlarge, alter,
remove or demolish a building or change the occupancy of a building
from one use group to another requiring greater strength, exitway or
sanitary provisions; or to change to a prohibited use; or create or alter
any ownership unit when
£!
use under an occupancy certificate or
£!
structure exists on the parent lot; or to install or alter any equipment
for which provision is made or the installation of which is regulated
by this chapter, without first filing an application with the department
in writing and obtaining the required permit therefor; except, that
ordinary repairs as defined in [section] Section 8-3 which do not
@
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EXPEDITED BILL
No. 35-16
187
188 .
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
involve any violation of this [chapter shall be] Chapter are exempt
from this provision.
* * *
(d)
Description of work.
The application [shall] must contain a general
description of the proposed work, its location, the use and occupancy of
all parts of the building or structure and of all portions of the site or lot
not covered by the building.1 the location of any ownership units on the
lot, and such additional information as may be and such additional
information as may be required by the director.
8-28. Certificate of use and occupancy.
.w
Applicability.
ill
A use-and-occupancy permit is required before any building,
structure, or land can be used or can be converted, wholly or in
part, from one use to another.
ill
Exemptions from use-and-occupancy permit requirement:
.cAl
@
land or buildings used exclusively for agricultural
purposes;
~
use for which
~
valid occupancy permit was issued and
not revoked before June
L
1958;
and
(9
~
Transitory Use.
~
ill
Application Requirements.
Each application for
permit must be accompanied
by
showing:
use-and-occupancy
2
copies of
~
plan drawn to scale
ill
ill
the lot on which
~
use is proposed, lot dimensions, lot and block
numbers and subdivision name, if any;
the location, extent, and layout for the proposed use and any other
pertinent information; and
o
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ExPEDITED BILL
No. 35-16
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
ill
north point, date and scale ofplan .
[(a)]
(£)
New buildings.
It
[shall be] is unlawful for any person to use or
occupy a building hereafter erected in whole or in part until the
certificate of use and occupancy [as provided in chapter 59 of this Code
shall have been] is issued by the [director] Director in [accordance with
the requirements] satisfaction of this [chapter] Chapter.
[(b)]
@
Buildings hereafter altered.
It
[shall be] is unlawful for any person to
use or occupy a building hereafter enlarged, extended or altered to
change from one use group to another, in whole or in part until a
certificate of use and occupancy [shall have been] is issued by the
director certifying that the work [has been] was completed in
[accordance with the provisions of] satisfaction of the approved permit[;
except, that any].!
Any
use or occupancy[, which] that was [not
discontinued] continued during the work of alteration, [shall] must be
discontinued within [thirty (30)] 30 days after the completion of the
alteration unless the required certificate is secured from the director.
[(c)]
liD
Existing buildings.
Upon written request from the owner of an existing
building, the [director shall] Director must issue a certificate of use and
occupancy[; provided, that] if there are no violations of law or orders of
the director pending [and it is established after inspection and
investigationl
In
addition, the director must establish that the alleged
use of the building has heretofore existed. Nothing in this chapter [shall
require] requires the removal, alteration", or abandonment of [or prevent
the continuance of] the use and occupancy of a lawfully existing
building, unless such use is deemed to endanger public safety and
welfare.
@
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EXPEDITED BILL
No. 35-16
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
[(d)]
ill
Changes
in use and occupancy.
After a change of use [has been] is
made in a building, [it shall be unlawful for] a person [to reestablish] is
prohibited from reestablishing a prior use that is not lawful for a new
building of the same type of construction unless the owner complies
with all the applicable provisions of this [chapter are complied with]
Chapter.
[(e)] (g}
Temporary occupancy.
Upon the request of the holder of a permit, the
[director] Director may issue a temporary certificate of occupancy for a
building or structure or part thereof before the entire work covered by
the permit shall have been completed [; provided,] if that such portion or
portions may be occupied safely [prior to] before full completion of the
building without endangering life or public welfare.
(h)
Necessary Findings.
ill
ill
The Department must find the building complies with Chapter
59.
Any building, structure, or land on
development
approval
must
~
site with any previous
the
requirements,
satisfy
representations, plans, and conditions contained in the decision or
resolution of the deciding body.
ill
[(f)]
The Department must inspect construction or alteration for
completion under the applicable decision or resolution.
ill
Contents of certificate.
When a building or structure is entitled
~
[thereto] to
certificate of use and occupancy, the [director shall]
Director must issue a certificate [of use and occupancy within ten (l0)]
10 days after written applications. The certificate [shall certify] certifies
compliance with [the provisions of] this [chapter] Chapter and the
purpose for which the building or structure may be used [in its several
@
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ExPEDllED BILL
No. 35-16
267
268
269
270
parts]. The certificate of use and occupancy [shall] must specify the use
group, the [maximum] allowable live load on all floors, the occupancy
load in the building and all parts [thereof] of the building and any
special stipulations and conditions ofthe building permit.
Approved:
271
272
Nancy Floreen, President, County Council
Date
273
274
Approved:
Isiah Leggett, County Executive
Date
275
This is a correct copy o/Council action.
276
Linda M. Lauer, Clerk ofthe Council
Date
@-
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LEGISLATIVE REQUEST REPORT
Expedited Bill 35-16
Building Permits
-
Amendments
DESCRIPTION:
This Bill would consolidate building pennit provisions currently in
Chapters 50 and 59.
It
would add provisions for ownership units
consistent with changes proposed to Chapter 50.
The rewrite of Chapter 50 requires amendments to Chapter 8 and
Chapter 59.
The amendment will allow code users to more easily find all building
permit provisions and allow for improved coordination of ownership
units that may cause fire code violations.
Planning Department and Department ofPennitting Services
To be requested.
To be requested.
To be requested.
To be researched.
Planning Department and Department ofPennitting Services
To be researched.
PROBLEM:
GOALSAND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Violates are treated as a class A violation.
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Expedited Bill No.
----!:3~5--2-1~6
_ _ _ __
Concerning: Building
Permits
Amendments
Revised: 11/7/2016
Draft No. 3
Introduced:
August 2,2016
Expires:
February 2, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~N~on.:=e~
_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Planning, Housing, and Economic Development Committee
AN
ACT to:
1) include the building permit provisions currently in Chapter 50;
2) include the building permit provisions currently in Chapter 59; and
3) generally amend County law regarding building permits.
By amending
Montgomery County Code
Chapter 8, Building Permits
Sections 8-1, 8-8, 8-13, 8-14, 8-24, and 8-28
Boldface
Underlining
[Single boldface brackets]
Double undedining
[[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. 35-16
1
Sec. 1. Chapter 8 is amended by amending Sections 8-1, 8-8, 8-13, 8-14, 8­
24 and 8-28 as follows:
8-1. Scope and applicability.
(a)
Generally.
This [chapter shall be construed to include those] Chapter
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includes the rules and regulations adopted [pursuant to] under [section]
Section 8-13[, herein,] which [shall have] have the force [and effect] of
law.
It
[shall be] is known as the building code of Montgomery County.
It
[shall control] controls all matters concerning the construction,
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alteration, addition, repair, removal, demolition, use, location[[,closure
of any private road,]].
This Chapter also concerns the creation or
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alteration of [[any]] certain ownership [[unit]] units, the occupancy and
maintenance of all buildings and structures, on-site access facilities to
such buildings and structures [and][[.1]] and their service equipment [as
herein defined and shall applyL This Chapter applies to existing or
proposed buildings and structures in the [[county]] County.
(b)
Intent.
[This chapter shall be construed to secure its expressed intent
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which] The intent of this Chapter is to [insure] assure public safety,
health and welfare [insofar] as [they were] it is affected by building
construction, [through] structural strength, [adequate] egress facilities,
sanitary equipment, light.1 utilities and ventilation.1 occupancies, and fire
safety [and inL In general, the intent of this chapter is to secure safety to
life and property from all hazards [incident to] associated with the
design, erection, repair, removal, demolition or use and occupancy of
buildings, structures or premises.
(c)
Applicability generally.
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ill
[The provisions of this chapter shall apply] This Chapter
applies to
the
construction,
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raising,
lowering,
moving,
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EXPEDITED BILL
No. 35-16
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demolition or occupancy of all buildings and structures and
their appurtenant construction, including vaults, area and street
projections, on-site access facilities,- [and] accessory structures,
and additions [, and shall apply with equal forceL
It
applies to
public and private buildings, except where such buildings are
otherwise specifically [provided for] excluded by statute.
It
also
applies to the creation or alteration of any ownership unit, and the
closure of any private road.
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36
ill
A building permit may only be issued for
~
building located on:
(A)
~
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lot or parcel shown on
~
~
plat recorded in the County
Land Records or on
parcel exempt from recording
requirements under Section 50-3.3; and
(ill
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an area outside of any building restriction line and
outside the area restricted under Section 50-4.3.K.
(d)
Exemptions.
[No building] All buildings or structures [shall] must be
constructed, extended, repaired, removed or altered [in violation of
these provisions] under
~
permit that satisfies this Chapter, except
for~
ill
ill
ordinary repairs as defined in [section] Section 8-3;
g
building or structure used exclusively for
agricultural
~
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48
49
50
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purposes on land used exclusively for agriculture; however,
permit under this Chapter is required for:
(A)
~
building or structure used for
~
purpose that is not
exclusively agricultural, including conditional uses, even
though located on otherwise agricultural land;
(ill
52
an equestrian facility, building, or structure intended for
use
Qy
participants or spectators at an equestrian event;
53
54
ill
the following public utility equipment:
-3-
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EXPEDITED BILL
No. 35-16
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59
(A)
any structure and its attached cross arms carrying overhead
electric power and energy transmission and distribution
lines that.£aIrY 69,000 volts or less;
ill)
equipment installed and maintained
Qy
f!
public utility
under regulation
.by
the State Public Service Commission;
or
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fill
poles or structures used for street lights, fire alarm boxes,
traffic signals, or similar municipal equipment installed
.by
the State or
f!
local municipality
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[and except further, that the raising or lowering or moving of a building
or structure as a unit necessitated by a change in legal grade or widening
of a street shall be permitted; provided that the building is not otherwise
altered or its use or occupancy changed].
(e)
Matters not provided for.
Any requirement essential for structural, fire
or sanitary safety of an existing or proposed building or structure or
essential for the safety of the building's occupants [thereof] and which
is not specifically covered by this [[chapter]] Chapter, [shall] must be
determined by the director [in accordance with procedures set forth in]
under [section] Section 8-13.
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(f)
Zoning restrictions and re(errals.
ill
When the provisions specified in this [chapter] Chapter for
structural,
fire~
and sanitary safety are more restrictive than
those [set forth] in [chapter] Chapter 59 [of this Code], this
[chapter shall control]
Chapter controls the erection or
alteration of buildings in respect to location, use, permissible
area and height; but [in any case,] the more rigid requirements
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EXPEDITED BILL
No. 35-16
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of either the building code or the zoning ordinance [shall apply]
applies whenever they [may be] are in conflict.
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ill
The Director must submit the application to the Planning
Director for review for any building permit that requests:
(A)
ill}
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construction of
~
new principal structure; and
construction that increases the gross floor area of an
existing commercial structure.
ill
The Planning Director must confirm in writing that the submitted
application [[satisfies)) satisfied Chapter 59 and that the property
has all necessary approvals and satisfied all necessary conditions
required by the Planning Department and Planning Board and
identify for each permit the amount of any school facility
payment, transportation mobility area review payment or other
development payment other than impact taxes that is required to
be paid as
~
condition of building permit.
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ill
A building permit application for
~
child lot in the Agricultural
Reserve Zone may only be approved if the child for whom the lot
is created is the owner of the lot in the County
[[land
records)]
Land Records. A building permit for
£!
detached house on
£!
child
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lot must be issued only to:
(A)
ill}
~
child of the property owner;
the spouse of
~
child of the property owner;
~
~
e.g
@
contractor for
~
child of the property owner; or
contractor for the spouse of
~
child of the property
owner.
8-2. Definitions.
* * *
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EXPEDITED BILL
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Ownership unit
[[J]t,
An
area of land shown on
~
record plat created only for the
~
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convenience of the owner under Section 7.l.D of Chapter 50 that reflects
mortgage, or lease line but does not subdivide the underlying lot.
deed,
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*
Parent
lot[[~ ~]]t,
*
*
A [[subdivided]] lot that is further divided
by
one or more
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ownership units.
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*
Private
Road[[~]]t,
*
*
Any
street, highway, avenue, lane, alley, or viaduct, or any
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segment of any of them, including any [[adjacent]] abutting sidewalk that has not
been deeded, dedicated or otherwise permanently appropriated to the public for
public use.
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*
*
*
8-8. [Reserved] [[Site plan or conditional ]] Conditional use approval.
IJ:(ill
For projects that do not require site plan approval or conditional use
approval and include more than 10 parking spaces, an application for
building permit must include
~
plan showing:
ill
the location and design of entrances and exits to public roads;
the location and size of all buildings and structures;
the location of parking spaces, directional markings, traffic­
ill
ill
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control devices and signs; and
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ill
that it satisfies Division 59-6.2 of Chapter 59.]]
1.[(hl]]For
~
site with
~
conditional use:
[[ill]]Ca) The Department may allow mmor adjustments during
construction that the Planning Director has confirmed do not
substantially alter the size, location, or external appearance of any
approved building, structure, or use.
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EXPEDITED BILL
No. 35-16
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[[ill]](b) Any change proposed during construction that would
substantially alter the location or external appearance of any approved
building, structure, or use requires an amendment under Article 59-7
of this Code.
* * *
8-13. Regulations.
(a)
The [director] Director may recommend [written] regulations for the
administration [of the provisions] of this chapter including a schedule of
fees and may, at [his] the Director's discretion, hold public hearings as
part of this regulation-making process. [Such regulations and]
Regulations [amendments thereto shalll,. as amended, must not conflict
with [nor] or waive any provisions of this chapter [nor be less restrictive
than its provisions]. Such regulations must be at least as restrictive as
the requirements of this Chapter. [and shall] All regulations must be
adopted by the [county executive] County Executive under method (2)
of [section] Section 2A-15 [of this Code].
[In
the case of fees, the] The
[county executive shall] County Executive must promptly forward to
the [county council] County Council a copy of [the] any new fee
schedule for use in budgetary planning activities. Such fees [shall be
in
accordance with formulas based upon criteria to include area or] may be
based on area, estimated cost of construction.,. or a minimal set fee per
category[, not to
exceed]~
The budget estimate of all fees must be equal
to the cost of administering [and enforcing] this Code.
(b)
The Director must hold at least one public hearing, after adequate public
notice, before recommending to the Executive any regulations adopted
under this Chapter [adopting standards and requirements for the
construction, alteration, addition, repair, removal, demolition, use,
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EXPEDITED BILL
No. 35-16
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location, occupancy, and maintenance of all buildings and structures or
parts of either, on-site access facilities to buildings and structures, and
their service equipment]. [Those] All regulations [, adopted under
method (2)], related to the construction or demolition must be based on
the latest edition of the ICC International Building Code and any local
amendments to that Code.
8-14. Standards applicable.
ill
The edition of the ICC International Building Code designated under
Section 8-13 is the basic County building code. The construction,
alteration, addition, repair, removal, demolition, use, location,
occupancy, and maintenance of all buildings and structures or parts
thereof, on-site access facilities to buildings and structures, and their
service equipment must meet the standards and requirements [set
forth] in that Code, or as amended under Section 8-13.
ru
The closure of any private road must meet the standards and
requirements of Chapter 22 and Chapter 49.
* * *
8-24. Application for permit.
(a)
When required.
It
[shall be] is unlawful to construct, enlarge, alter,
remove or demolish a building or change the occupancy of a building
from one use group to another requiring greater strength, exitway or
sanitary provisions; or to change to a prohibited use; or create or alter
any ownership unit when
~
use under an occupancy certificate or
~
structure exists on the parent lot; or to install or alter any equipment
for which provision is made or the installation of which is regulated
by this chapter, without first filing an application with the department
in writing and obtaining the required pennit therefor; except, that
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EXPEDITED BILL
No. 35-16
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ordinary repairs as defined in [section] Section 8-3 which do not
involve any violation of this [chapter shall be] Chapter are exempt
from this provision.
* * *
(d)
Description of work.
The application [shall] must contain a general
description of the proposed work, its location, the use and occupancy of
all parts of the building or structure and of all portions of the site or lot
not covered by the buildin& the location of any ownership units on the
lot, and such additional information as may be and such additional
information as may be required by the director.
ee)
For projects that do not reauire site plan approval or conditional use
approval and include more than 10 parking spaces. an application for
building permit must include a plan showing:
(1)
(2)
(3)
the location and design of entrances and exits to public roads:
the location and size of all buildings and structures:
the location of parking spaces. directional markings. traffic­
control devices and signs: and
(4)
that it satisfies Division 59-6.2 of Chapter 59.
* * *
8-28. Certificate of use and occupancy.
ill
Applicability.
ill
A use-and-occupancy permit is required before any building,
structure, or land can be used or can be converted, wholly or in
part, from one use to another.
ill
Exemptions from use-and-occupancy permit requirement:
(A)
land or buildings used exclusively for agricultural
purposes;
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EXPEDITED BILL
No. 35-16
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.ill)
~
use for which
~
valid occupancy permit was issued and
not revoked before June
L
1958; and
.cg
{hl
~
Transitory Use.
~
Application Requirements.
Each application for
permit must be accompanied
showing:
~ ~
use-and-occupancy
copies of
~
plan drawn to scale
ill
ill
the lot on which
~
use is proposed, lot dimensions, lot and block
numbers and subdivision name, if any;
the location, extent, and layout for the proposed use and any other
pertinent information; and
[(a)]
ill
north point, date and scale of plan.
W
New buildings.
It
[shall be] is unlawful
for any person to use or
occupy a building hereafter erected in whole or in part until the
certificate of use and occupancy [as provided in chapter 59 of this Code
shall have been] is issued by the [director] Director in [accordance with
the requirements] satisfaction ofthis [chapter] Chapter.
[(b)]
@
Buildings hereafter altered.
It
[shall be] is unlawful for any person to
use or occupy a building hereafter enlarged, extended or altered to
change from one use group to another, in whole or
in
part until a
certificate of use and occupancy [shall have been] is issued by the
director certifying that the work [has been] was completed in
[accordance with the provisions of] satisfaction of the approved permit[;
except, that
any]~
Any
use or occupancy[, which] that was [not
discontinued] continued during the work of alteration, [shall] must be
discontinued within [thirty (30)] 30 days after the completion of the
alteration unless the required certificate is secured from the [[director]]
Director.
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EXPEDITED BILL
No. 35-16
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[(
c)]
ill
Existing buildings.
Upon written request from the owner of an existing
building, the [director shall] Director must issue a certificate of use and
occupancy[; provided, that] if there are no violations of law or orders of
the [[director]] Director pending [and it is established after inspection
and investigationl
In
addition, the [[director]] Director must establish
that the alleged use of the building has heretofore existed. Nothing in
this [[chapter]] [shall require] Chapter requires the removal, alteration.1
or abandonment of [or prevent the continuance of] the use and
occupancy of a lawfully existing building, unless such use is deemed to
endanger public safety and welfare.
[(d)]
ill
Changes
in use and occupancy.
After a change of use [has been] is
made in a building, [it shall be unlawful for] a person [to reestablish] is
prohibited from reestablishing a prior use that is not lawful for a new
building of the same type of construction unless the owner complies
with all the applicable provisions of this [chapter are complied with]
Chapter.
[(
e)]
(g)
Temporary occupancy.
Upon the request of the holder of a permit, the
[director] Director may issue a temporary certificate of occupancy for a
building or structure or part thereof before the entire work covered by
the permit shall have been completed [; provided,] if that such portion or
portions may be occupied safely [prior to] before full completion of the
building without endangering life or public welfare.
(h}
Necessary Findings.
ill
ill
The Department must fmd the building complies with Chapter
59.
Any building, structure, or land on
~
site with any previous
development
approval
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must
satisfy
the
requirements,
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EXPEDITED BILL
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representations, plans, and conditions contained in the decision or
resolution of the deciding body.
ill
[(f)]
The Department must inspect construction or alteration for
completion under the applicable decision or resolution.
ill
Contents of certificate.
[thereto] to
~
When a building or structure is entitled
certificate of use and occupancy, the [director shall]
Director must issue a certificate [of use and occupancy within ten (10)]
10 days after written applications. The certificate [shall certify] certifies
compliance with [the provisions of] this [chapter] Chapter and the
purpose for which the building or structure may be used [in its several
parts]. The certificate of use and occupancy [shall] must specify the use
group, the fire grading, the [maximum] allowable live load on all floors,
the occupancy load in the building and all parts [thereof] of the building
and any special stipulations and conditions of the building permit.
Sec. 2. Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on February 13,2017.
287
288
Approved:
Nancy Floreen, President, County Council
Date
289
Approved:
290
Isiah Leggett, County Executive
Date
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ROCKVILLE, MARYLAND
MEMORANDUM
September 16, 20 I 6
TO:
FROM:
Nancy Floreen, President, County Council
6D1.Jennifer A.
Office of Management and
Alexandre
A.
Espijio.fc(birector, Department of Finance
Hughe~re.9tor,
BUd~e
°V
0
SUBJECT:
FEIS for Bill 35-16E, Building Permits - Amendments
Please find attached the fiscal and economic impact statements for the above­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Diane Jones, Director, Department ofPermitting Services
David Platt, Department of Finance
.
Dennis Hetman, Department of Finance
Jennifer Nordin, Office ofManagement and Budget
Naeem Mia, Office ofManagement and Budget
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Fiscal Impact Statement
Emergency Bill No. 35-16 Building Permits
1. Emergency Bill
Summary.
The proposal consolidates building code provisions in Chapter 50 and
59
into Chapter 8.
Thisbill establishes permits for ownership units to avoidfire code violations to existing
property or newly created ownership units.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed
in
the recommended or approved budget. Includes
source of infonnation, assumptions, and methodologies used.
The Department ofPermitting Services (DPS) expects 160 work-hours will be needed to
reconfigure Hansen and Apply Online IT systems. DPS also expects additional staffwork­
. hours for processing, plan reviews and inspections. These costs will be absorbed within
current appropriations.
The permit fee will be set to $670 (the base commercial permit fee). DPS expects this foe to
cover the cost ofservices. DPS projects a minimum of
15
permits in FY18. This will produce
an estimated revenue of$10,050
(15
"'670) in FY18 with a
2%
increase each year (FY18­
FY23).
FY18
$10,050
FY19
$10,251
FY20
$10,456
FY21
$10,665
FY22
$10,878
FY23
$11,095
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
Same as above.
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not Applicable.
S. Later actions that may affect future revenue and expenditures ifthe bill authorizes future
spending.
The bill does not authorizefuture spending.
6. An estimate of the staff time needed to implement the bill.
DPS expects 160 work-hours will be needed to reconfigure Hansen and Apply Online
rr
systems. DPS also expects additional staffwork-hoursfor processing, plan reviews and
inspections.
7. An explanation of how the addition of new staff responsibilities would affect other duties.
Managerial oversight, training and implementation will require DPS to reprioritize existing
work
.8. An estimate of costs when an additional appropriation is needed.
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No additional appropriation needed.
9. A description of any variable that could affect revenue and cost estimates.
Revenues
will
be dependent on the volume ofapplications.
10.
Ranges·ofrevenue or expenditures that are uncertain or difficult to project.
Revenues and expenditures
will
depend on the volume ofapplications.
11. If a bill is likely to have no fiscal impact, why that is the case.
Not Applicable
12. Other fiscal impacts or comments.
Not Applicable
13. The following contributed to and concurred with this analysis:
Hemal Mustafa, Tom Laycock, and Gail Lucas; Department ofPermitting Services
Jennifer A. Nordin; OMB
Date
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Economic Impact Statement
Bill
35-16,
Building Permits - Amendments
Background:
Bill 35-16 is tied to the approval of Subdivision Regulation Amendment (SRA) 16-01 and Zoning
Text Amendment (ZTA)16-12. SRA 16-01 includes provisions for ownership units (previously
called ownership lots). These ownership units may result in fire code violations when there is a use
certificate or a building on the parent lot. Bill 35-16 would require a permit when this situation
occurs to avoid violations.
SRA 16-01 will also remove building permit provisions in the Subdivision Code. Bill 35-16 will
include the building permit provisions deleted from that code. Bill 35-16 would also include the
building permit provisions currently in Chapter 59 which will be deleted from Chapter 59 by ZTA
16-12.
The intent ofthese amendments is to consolidate building permit provisions to one chapter of the
County Code and allow code users to more easily find all building permit provisions and allow for
improved coordination of ownership units that may cause fire code violations.
1.
The sources of information, assumptions, and methodologies used.
Not Applicable.
2. A description of any variable that could affect the economic impact estimates.
There are no variables under this legislation that could have a substantive economic impact on
the County.
3.
The Bill's positive or negative effect, if any on employment, spending, savings, investment,
incomes, and property values in the County.
The legislation does not have an economic impact on the County because it consolidates building
permit provisions currently being implemented into one chapter ofthe County Code. The
Department of Permitting Services anticipates approximately 15 new permits in FY18 given the
new classification of ownership units producing additional revenue of$10,050 that will cover the
associated costs.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Please see the answer to question 3.
5.
The following contributed to or concurred with this analysis: David Platt, Dennis Hetman,
and Robert Hagedoom, Finance.
Alexandre
A.
Espinosa, Director
Department of Finance
Date
Page
1
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