Expedited Bill No. ___,3=5--1=6_ _ _ __
Permits
Concerning: Building
Amendments
Revised: 11/7/2016
Draft No.
_4_
Introduced:
August 2. 2016
Enacted:
November 15. 2016
Executive: _ _ _ _ _ _ _ __
Effective:
February 13. 2017
Sunset Date: --'--'N=on=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 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 underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from 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
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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,
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][[,.]] 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]
i1
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)
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Applicability generally.
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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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 force]!. 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
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Land Records or on
parcel exempt from recording
requirements under Section 50-3.3; and
@}
an area outside of any building restriction line and
outside
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restricted under Section 50-4.3 .K.
the area
(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~
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ordinary repairs as defined in [section] Section 8-3;
~
building or structure used exclusively for agricultural
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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;
@}
an equestrian facility, building, or structure intended for
use
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participants or spectators at an equestrian event;
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the following public utility equipment:
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(A)
any structure and its attached cross arms carrying overhead
electric power and energy transmission and distribution
lines that
m
69,000
volts or less;
ill)
equipment installed and maintained
by
fl:
public utility
under regulation
by
the State Public Service Commission;
or
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(D)
poles or structures used for street lights, fire alarm boxes,
traffic signals, or similar municipal equipment fustalled
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the State or
fl:
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)
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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.
(f)
Zoning restrictions and referrals.
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When the provisions specified m 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
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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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The Director must submit the application to the Planning
Director for review for any building permit that requests:
(A}
construction
of~
new principal structure; and
construction that increases the gross floor area of an
existing commercial structure.
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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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A building permit application for
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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
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detached house on
~
child
lot must be issued only to:
(A)
~child
of the property owner;
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.(Q
(D)
the spouse
of~
child of the property owner;
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contractor for
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child of the property owner; or
contractor for the spouse of
~
child of the property
owner.
8-2.
Definitions.
* * *
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Ownership unit
[t11~
An area of land shown on
f!
record plat created only for the
convenience of the owner under Section 7.1.D of Chapter 50 that reflects
f!
deed,
mortgage, or lease line but does not subdivide the underlying lot.
*
Parent
lot[[~ f!11~
*
*
A [[subdivided]] lot that 1s further divided
by
one or more
ownership units.
*
Private
Road[[~]]~
*
*
Any street, highway, avenue, lane, alley, or viaduct, or any
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.
.ll{fil
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
f!
plan showing:
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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
i!
satisfies Division 59-6.2 of Chapter 59.]]
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.ll{hl]]For
f!
site with
f!
conditional use:
[[.{l)]](a) 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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[[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 shall],,, 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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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.
W
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.
.(hl
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
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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
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EXPEDITED BILL NO.
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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
building~
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.
(e)
For proiects 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 a plan showing:
(1)
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
(2)
(3)
(4)
that it satisfies Division 59-6.2 of Chapter 59.
* * *
8-28.
Certificate of use and occupancy.
.(fil
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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ill}
f!
use for which
f!
valid occupancy permit was issued and
not revoked before June
L
1958; and
(Q
.{hl
f!
Transitory Use.
Application Requirements.
Each application for
f!
use-and-occupancy
permit must be accompanied
Qy
showing:
2
copies of
f!
plan drawn to scale
ill
the lot on which
f!
use is proposed, lot dimensions, lot and block
numbers and subdivision name, if any;
ill
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the location, extent, and layout for the proposed use and any other
pertinent information; and
north point, date and scale of plan.
[(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]]
·
Director.
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[(
c)]
W
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 investigation1
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 find the building complies with Chapter
59.
Any building, structure, or land on
development
approval
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~
site with any previous
the
requirements,
must
satisfy
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EXPEDITED BILL NO.
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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.
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 (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.
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EXPEDITED BILL
No. 35-16
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~---·~­
Nancy Floreen, Pre ident, County Council
Approved:
Approved:
291
Isiah Leggett, County Executive
292
This is a correct copy ofCouncil action.
Date
293
Linda M. Lauer, Clerk of the Council
Date
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