Agenda Item 7E
August 2, 2016
Introduction
MEMORANDUM
July 29, 2016
TO:
FROM:
SUBJECT:
County Council
J
1"
Jeffrey
L.
Zyontz, Senior Legislative Analyst
Introduction:
Expedited Bill 35-16, Building Permits - Amendments
Expedited Bill 35-16, Building Permits - Amendments, sponsored by Lead Sponsor
Planning, Housing and Economic Development Committee, is scheduled to be introduced on
August 2. A public hearing is tentatively scheduled for September 13 at 1:30 p.m.
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 of these amendments is to consolidate
building permit provisions to one chapter of the County Code.
This packet contains:
Expedited Bill 35-16
Legislative Request Report
Circle
#
I
13
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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:
~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.
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)
2
3
4
5
Generally.
This [chapter shall be construed to include those] Chapter
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, 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].1 their service
equipment [as herein defined and shall apply].! 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] 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.
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(c)
Applicability generally.
ill
[The
provisions of this chapter shall apply] This Chapter
to
the
construction,
raising,
lowering,
moving,
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27
applies
demolition or occupancy of all buildings and structures and
o
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ExPEDITED BILL
No. 35-16
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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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35
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ill
A building permit may only be issued for
~
building located on:
@
~
lot or parcel shown on
~
~
plat recorded in the County
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Land Records or on
parcel exempt from recording
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46
requirements under Section 50-3.3; and
ill}
an area outside of any building restriction line and
outside
- - -
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~
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,
permit under this Chapter is required for:
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49
@
~
building or structure used for
~
purpose that is not
exclusively agricultural, including conditional uses, even
though located on otherwise agricultural land;
50
51
52
ill}
an equestrian facility, building, or structure intended for
use
Qy
participants or spectators at an equestrian event;
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ill
the following public utility equipment:
o
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ExPEDIlED BILL
No.
35-16
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CA)
any structure and its attached cross arms carrying overhead
electric power and energy transmission and distribution
lines that
fillIY
69,000 volts or less;
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59
(ID
equipment installed and maintained by
~
public utility
under regulation by the State Public Service Commission;
or
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CD)
poles or structures used for street lights, fire alarm boxes,
traffic signals, or similar municipal equipment installed by
the State or
~
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
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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.
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(f)
Zoning restrictions and referrals.
ill
When the provisions specified in this [chapter] Chapter for
structural,
fire~
and sanitary safety are more restrictive than
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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.
ill
The Director must submit the application to the Planning
Director for review for any building permit that requests:
(A)
ill)
construction of
~
new principal structure; and
construction that increases the gross floor area of an
existing commercial structure.
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ill
The Planning Director must confmn in writing that the submitted
application satisfies Chapter 59 and that the property has all
necessary approvals and satisfied all necessary conditions
required
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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
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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
~
detached house on
~
child lot must be issued
only to:
(A)
ill)
~
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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
~
.em
8-2. Definitions.
~
child of the property
owner.
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* * *
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EXPEDITED BILL
No. 35-16
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Ownership unit:
An area of land shown on
~
record plat created only for the
~
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,
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*
Parent lot:
~
*
*
*
*
subdivided lot that is further divided
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one or more ownership units.
*
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Private Road:
Any street, highway, avenue, lane, alley, or viaduct, or any segment of
115
any of them, including any adjacent sidewalk that has not been deeded, dedicated or
otherwise permanently appropriated to the public for public use.
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119
*
*
*
8-8. [Reserved] Site plan or conditional use approval.
W
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:
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ill
ill
ill
ffi
(Q)
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.
126
127
For
~
site with
~
conditional use:
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129
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.
130
131
132
133
ill
Any change
proposed during
construction that would
substantially alter the location or external appearance of any
@
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EXPEDITED BILL
No. 35-16
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approved building, structure, or use reqUIres an amendment
under Article 59-7 of this Code.
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* * *
8-13. Regulations.
(a)
The [director] Director may recommend [written] regulations for the
administration [of the provisions] ofthis 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 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
EJ
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ExPEDITED BILL
No. 35-16
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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.
(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
~
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
tv
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EXPEDITED BILL
No. 35-16
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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.
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.
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201
202
203
ill
Exemptions from use-and-occupancy permit requirement:
.cAl
land or buildings used exclusively for agricultural
purposes;
(ill
~
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use for which
~
valid occupancy permit was issued and
not revoked before June
1.,.
1958; and
206
(g
~
Transitory Use.
~
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208
®
Application Requirements.
Each application for
permit must be accompanied
Qy
2
copies of
showing:
~
use-and-occupancy
plan drawn to scale
209
210
211
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
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®
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EXPEDITED BILL
No. 35-16
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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
0:1~
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)]
f£}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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EXPEDllED BILL
No. 35-16
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[(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 pennit, 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 pennit shall have been completed [; provided,] ifthat such portion or
portions may be occupied safely [prior to] before full completion of the
building without endangering life or public welfare.
ill
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 (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
®
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ExPEDITED BILL
No. 35-16
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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
Approved:
274
Isiah Leggett, County Executive
Date
275
This is a correct copy ofCouncil action.
276
Linda M. Lauer, Clerk ofthe Council
Date
@
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LEGISLATIVE REQUEST REPORT
Expedited Bi1135-16
Building Permits
-
Amendments
DESCRIPTION:
This Bill would consolidate building permit 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 of Permitting Services
To be requested.
To be requested.
To be requested.
To be researched.
Planning Department and Department of Permitting Services
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Violates are treated as a class A violation.
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