Agenda Item 9
September 13,2016
Public Hearing
MEMORANDUM
September 9, 2016
TO:
FROM:
SUBJECT:
County COld-cil
Jeff ZYOnlz,lnior Legislative Analyst
Expedited Bill 35-16, Building Pennits - Amendments
Expedited Bill 35-16, Building Pennits - 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.
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 pennit when this situation occurs to avoid
violations. SRA 16-01 will also remove building pennit provisions in the Subdivision Code. Bill 35-16
will include the building pennit provisions deleted from that code.
Bill 35-16 would also include the building pennit 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.
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 pennits 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 35-16 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 128 in Bill 35-16 would replace the requirement for more infonnation for larger
parking lots that would be deleted in the Zoning Code by ZTA 16-12 (lines 64 to 69).
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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
requir~ment
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 11 0 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.
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 ofBi1135-16
that replace the deleted provisions in ZTA 16-12.
What testimony was received at the public hearing?
A public hearing is scheduled for September 13, 2016 at 1:30 p.m. The Planning, Housing, and
Economic Development Committee will hold a worksession on September 12,2016. The Committee may
wish to reconsider any recommendations made on September 12 if any unanticipated testimony is
received.
The attachments to this packet include the Bill as introduced and also the Bill as recommended by
staff to the PHED Committee.
This Packet Contains:
Expedited Bi1135-16
Legislative Request Report
Bill Draft with Staff Amendments
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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 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 thefollowing 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
Generally.
This [chapter shall be construed to include those] Chapter
5
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,
6
7
8
9
10
11
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]", their service
equipment [as herein defined and shall applyt 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]
12
13
14
15
16
17
18
19
i!
is affected by building
construction, [through] structural strength, [adequate] egress facilities,
sanitary equipment, light", utilities and ventilation", occupancies, and fire
safety [and int
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)
20
21
22
23
24
Applicability generally.
25
ill
[The provisions of this chapter shall apply] This Chapter
applies to
the
construction,
raising,
lowering, moving,
26
27
demolition or occupancy of all buildings and structures and
@
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EXPEDITED BILL
No. 35-16
28
29
30
31
32
33
34
35
36
37
38
39
40
their appurtenant construction, including vaults, area and street
projections, on-site access facilities, [and] accessory structures,
and additions [, and shall apply with equal force
1.:.
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 pennit may only be issued for
~
building located on:
.cAl
~
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}
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
41
42
43
44
45
46
constructed, extended, repaired, removed or altered [in violation of
these provisions] under
~
pennit 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,
pennit under this Chapter is required for:
47
48
.cAl
~
building or structure used for
~
purpose that is not
49
50
51
52
53
exclusively agricultural, including conditional uses, even
though located on otherwise agricultural land;
ill}
an equestrian facility, building, or structure intended for
use
Qy
participants or spectators at an equestrian event;
ill
the following public utility equipment:
(j)
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EXPEDITED BILL
No. 35-16
54
55
56
57
58
fA}
any structure and its attached cross arms carrying overhead
electric power and energy transmission and distribution
lines that
~
69,000 volts or less;
tID
equipment installed and maintained
Qy
~
public utility
under regulation
Qy
the State Public Service Commission;
or
ill}
59
60
61
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
64
65
66
67
(
e)
[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].
Matters not provided for.
Any requirement essential for structural, fire
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.
(0
Zoning restrictions and referrals.
72
73
74
75
76
77
ill
When the provisions specified in this [chapter] Chapter for
structural, fire.1 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
78
79
o
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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
ill
The Director must submit the application to the Planning
Director for review for any building permit that requests:
(A)
construction of
f!
new principal structure; and
construction that increases the gross floor area of an
existing commercial structure.
83
84
85
86
87
88
ill}
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
Qy
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
f!
condition of building permit.
89
90
91
92
93
94
95
ill
A building permit application for
f!
child lot in the Agricultural
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 permit for
~
detached house on
~
child lot must be issued
only to:
(A)
~
96
97
98
99
100
child of the property owner;
101
102
ill}
the spouse of
f!
child of the property owner;
f!
contractor for
f!
child of the property owner; or
f!
contractor for the spouse of
f!
child of the property
©
(D)
103
104
owner.
8-2. Definitions.
105
106
* * *
@
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EXPEDITED BILL
No. 35-16
107
108
109
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,
110
111
112
*
Parent lot:
~
* *
* *
subdivided lot that is further divided
Qy
one or more ownership units.
*
113
114
115
Private Road:
Any street, highway, avenue, lane, alley, or viaduct, or any segment of
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
119
120
121
122
123
124
125
*
{ill
* *
8-8. [Reserved] Site plan or conditional use approval.
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
ill
ill
(1)
[h}
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
129
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.
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 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
8
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EXPEDITED BILL
No. 35-16
161
162
163
164
165
166
167
168
169
170
171
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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.
®
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
(
d)
involve any violation of this [chapter shall be] Chapter are exempt
from this provision.
* * *
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.
200
201
202
203
ill
Exemptions from use-and-occupancy permit requirement:
(A)
land or buildings used exclusively for agricultural
purposes;
204
205
an
(Q
f!
use for which
f!
valid occupancy permit was issued and
not revoked before June
L
1958; and
f!
Transitory Use.
206
207
fhl
Application Requirements.
Each application for
f!
use-and-occupancy
permit must be accompanied
Qy
showing:
208
209
2.
copies of
f!
plan drawn to scale
210
211
ill
ill
the lot on which
f!
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
212
213
o
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EXPEDITED BILL
No. 35-16
214
215
216
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226
227
228
229
230
231
232
233
234
235
236
237
238
239
[(
c)]
[(a)]
ill
north point, date and scale of plan.
ill
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 pennit[;
except, that anyL.
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.
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 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.
®
Necessary Findings.
ill
ill
The Department must find the building complies with Chapter
59.
Any building, structure, or land on
f!
site with any previous
development
approval
must
satisfy
the
requirements,
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
f!
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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EXPEDITED BILL
No. 35-16
267
268
269
270
parts]. The celtificate 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 of the building permit.
Approved:
271
272
Nancy Floreen, President, County Council
Date
273
Approved:
274
Isiah Leggett, County Executive
Date
275
276
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
@-
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LEGISLATIVE REQUEST REPORT
Expedited Bill 35-16
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 IMP ACT:
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,--1.:...::6,"=----:-
_ __
Concerning: Building
Permits
Amendments
Revised:
7/27/2016
Draft No.
_2_
Introduced:
August
2,2016
Expires:
February
2, 2018
Enacted: _ _ _ _ _ _- - - ­
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset
Date:,~.!..!N~onC!.>e,,--
_ _ _ _ __
ChI _ _
,taW$>
of
Mont. Co. _ __
COUNTY
COUNCIIf::'i,i., .
FOR MONTGOMERY
COUNTY~':MARYL~~p
Lead Sponsor: Planning, Housing,
andi~cOliomic D~~¥~()pment Co~i~¢~········
AN
ACT
t o : .
1) include the building permit p;dYisioIls currently in Chapter
50;
2) include the building permit
pro-V:i~l'Otl$\Avn:~ntly
in Chapter5?rand
3) generally amend County law rega.rdingbUildjng permits.
i .. '
By amending
...\/.
Montgomery CqJnlty C()de:·.•.
Chapter 8, BwlfJiIlg Permit$/
Sections
8-r;Y8~8·g..,13
,
8-148-24
,
and 8-28
,
,
":':
......
:',
::.:.:~::.
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
2
3
4
5
6
includes the rules and regulations adopted
[pursu~t
to] under [section]
Section
8-13[,
herein,] which [shall have]
hayeth~force
[and effect] of
. law.
It
[shall be] is known as the
building¢~ae()fMontgomery
County.
It
[shall control] controls all matters
'bonce~t~g.the
construction,
7
8
9
10
11
alteration, addition, repair,
remoyai,de~olition, use,l~~~tion,
creation
anYri~~£te
road
,11
".'
...... .
or alteration of any ownersl1fk'ijnit, [[closure of
,"',
occupancy and maintenance of alrbtiildings and structures, on-site
access facilities to srl6I1l?uildings ands@ptures [and]
[[",n
and their
service equipment [as
12
13
14
~:e~~ihdetil1e4 andsh~lr
applyL
This Chapter
applies to
~)(isting
or
prop~~~qpuildiIlgsana
structures in the [[county]]
15
16
17
18
19
. :
.::;':~;:::/j(
.
(b)
.....
:
.... :.':.:.,......
:
......
:,.,
....
:
.....:.'....
.
,wlti~111 Theint~~t6ithlsCli~kter
is
he~lth~~p::welfatdJins9far]
as [they
.....
Inteht.~~~~f~hall be~strued
,
:,".
",
to secure its expressed intent
to [insure] assure public safety,
were]
i!
is affected by building
. ;/»
,
constructirih,IthroU:gJij structural strength, [adequate] egress facilities,
. ..
~:;:.
20
21
$aJJ,itary
.
.
equi~inent,
light", utilities and ventilation", occupancies, and fire
....
22
23
saf~tY;J~qihL
In general, the intent of this chapter is to secure safety to
life
~d'~roperty
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.
24
25
26
27
ill
[The
provisions of this chapter shall apply] This Chapter
the
construction, raising,
-2 -
applies to
lowering,
moving,
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EXPEDITED BILL
No.
35-16
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
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]
~x6h.iaed
by statute.
It
also
applies to the creation or
alterationdF~lliyO\vnership
unit, and the
closure of any private road.
ill
A building permit may
only.h~
issued for
~
building.located on:
(A)
~
lot or parcel st2Wnon
~'plat
recorded ill:the County
Land Records or oniparcel exempt from recording
require~~iitsunder Sectio~50~3.3;
and
an area
o~t~iCi~.bf
..any
<"::.:::.
.
.
.
buiidtrlg:» restriction line and
4
.' :::(:":,:.:::.;"....::::.; :::':,:: ':'/"'::":::' ;::;::: :.:", ":.. ' ".':.::
..... outside the area reltrictedunder Section 50-4.3.K.
(d)
ExemRtib~~.·~o"building]
i\l1
buildin~s
or structures
construct~(;\~, ext~9,ged, repaired~removed
..
,.:::'
,
[shall] must be
.4+·;:::·:~:···:::::::!f·:·;'.:'
"':"' :",.
: :;:.:~.: :.: :/.
"::'::;:"/' ',.._. ",": ,".
or altered [in violation of
.1.:::=­
ill'·~~dillary ~~pairs a~
defined in [section] Section 8-3;
j:t~:'~:;
i:·)·i.,
ill
~b-ciiidingfirstructure
used exclusively for
·(:i.
. ":=:'::>;:\:.
th,~syprovisi8ti$j under~pennh
that satisfies this Chapter, except
for~
agricultural
purp~J¢s
):\:"
on land used exclusively for agriculture; however,
~
:.permi.t under this Chapter is required for:
iA.)
(ID
~
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
Qy
participants or spectators at an equestrian event;
ill
the following public utility equipment:
-3-
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EXPEDITED BILL
No. 35-16
55
56
57
(A)
any
structure and its attached cross arms carrying overhead
electric power and energy transmission and distribution
lines that
£ill!Y
69,000
volts or less;
58
59
lID
equipment installed and maintained
by
f!
public utility
under regulation
by
the State
or
poles or structures used
forsti~~tlights,
fire alarm boxes,
.,
.~:
Publi~.
Service Commission;
60
61
62
63
64
65
.......
:
..
. .
: :'
..
:
"
traffic signals, or
similarmunicipal~q~ipment
installed
by
."'
,
the State or
f!
local municipality
.. ...
.:::.
[and except further, that the
rdt~ihg.or 10~6tipg
or
movin~df~
building
66
67
of a street shall be
pe~it:t~9;provided tl1~i'~<;!
building is not otherwise
(e)
Matters norprQvided
for.~yf6~~if~ffi¢ptessential
for structural, fire
or structure as a unit necessitated
by~bli~ge
in legal grade or widening
altered or its use or
occ~~~2Yb4ang~d].
or
68
69
70
71
sal1i~f;,~~i~ty"of
an
exi~ting
or
pr~~osed
building or structure or
esse~ti~lfor the~~fety
of the 8Uilffing's occupants [thereof] and which
. :\::: "::-;": :;" <:
.::,{\:\:.:":,:.,":
:::::J::;:::J:::") ",::' _,' ..... .
.
{::;:>
"":.-:.
.
r!Stl()tspecifi~llny····cdv&tedl?y<·ithis
[[chapter]] Chapter, [shall] must be
::".:":::.:.::"
"
....
,
.....
:......
""":",
"'".:'.'":-.
.
...
72
73
det~rn1il'l~aby
the director [in accordance with procedures set forth in]
···;;{;<r..
under
74
75
76
[se~Hbl1] Sec!~6hr8-13.
(f):·>.~ning
restriqtions and referrals.
ill><Wh,~fithe
provisions specified in this [chapter] Chapter for
~itUctural,
fire.! and sanitary safety are more restrictive than
77
78
79
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
80
- 4 -
F:\LAW\8ILLS\1635
Building Pennits-Arnendments\BiII2
.Doc
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EXPEDITED BILL
No. 35-16
81
of either the building code or the zoning ordinance [shall apply]
applies whenever they [may be] are in conflict.
82
83
84
ill
The
.cAl
Director must submit the application to the Planning
Director for review for any building permit that requests:
construction of
~
new principal structure; and
construction that increases thegfoSS floor area of an
":"
85
86
.cID
87
88
existing commercial structure,<'i\,.
ill
The Planning Director must C91lfirMm
writiti~.~hat
the submitted
application [[satisfies]] satisfied Chapter 59 andiliatthe property
..
,;
.....
89
90
91
has all necessary
apprd~~lsand
satisfied all necessat£'60nditions
.
.
.
required
Qy
the Planning Departriient and Planning Board and
identify for
eagh.J~rmit
the amo
payment,
..
.. ....
.....
92
93
transpo~a~hri1ebility ar~~}~Q~i~w
payment or other
·f'·
lll1
t
o( any school facility
94
95
development
96
97
98
99
ill
4tiX.'bUildin~permit appli~atl<5n
for
~
child lot in the Agricultural
-.:.:.:
..
"
.,b'~~id··~~'
~conditiond~building(permit.
.:,.....
..:.,,.
....
;'.'....
.
......
paym~rit otl1&rili~impact
taxes that is required to
.
La~di.k.ecor~~'A
building permit for
~
detached house on
~
child
"'-'""
..
,,'.
is:
cleated
Is
,the owner of the lot in the County
lot must be issued only to:
[[land records]]
100
101
102
103
104
105
106
107
"""""(A)F
. .
~
child of the property owner;
,.t~)<
(D)
the spouse of
~
child of the property owner;
(g
~
contractor for
~
child ofthe property owner; or
~
contractor for the spouse of
~
child of the property
owner.
8-2. Definitions.
* * *
-5-
F:\LAw\BILLS\1635 Building Permits-Amendments\8i112 .Doc
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EXPEDITED BILL
No. 35-16
108
Ownership unit
[~]],!,
An area of land shown on
~
record plat created only for the
~
109
110
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,
111
112
* * *
Parent
lot[~ ~]],!,
A [[subdivided]] lot that is further divided
Qy
one or more
113
114
115
ownership units.
* * *
'-.":­
. . . .
-:.
Private
Road[~]L
Any street, highway, avenue,..
lane,
alley;
Or
viaduct, or any
116
segment of any of them, including any
[[adjab~~t]]
abutting
sid~Whlk:
. t hat has not
117
118
119
been deeded, dedicated or otherwise
petffi~hent1y
appropriated to
ili~l)Ublic
for
public use.
...
:
...
:
..
:
.........
120
8-8. [Reserved] Site plan or
Conditi~~~ius~tlpproval.
. *..
* *
121
122
123
124
ill
For
projec~s.~~t
do not
r6q~irlsit~Plaii~pproval
or conditional use
approyalandihclude more than 10 parking spaces, an application for
·f:
buifai~gpennit ¥~st
include
~plan
showing:
.ill..
ill
the
:,
16t~tion~daeSigrtl"iof
entrances and exits to public roads;
....
:.:.
",
"."
125
126
the JocatibJ and size of all buildings and structures;
th;16cation,,~rparking
.,.:....
,
spaces, directional markings, traffic­
127
128
contrdidevices and signs; and
.......
:
..
:
..
thatitsatisfies Division
59-6.2
of [[Chapter
59]]
this Code.
:
..
:
..
"
129
--~---
For a site with a conditional
­
use:
The Department may allow mIllor 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
-6-
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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
.,;i}
ill
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
recommendt~i~~n]
./
.....
:
regulations for the
administration [of the provisions]
oft~~s(~~pteri~()1~9ing
a schedule of
fees and may, at [his] the
part of this
Directoff~dis~~etion, hold~u~l~c
hearings as
regulation-ma:~lrig.proce~~;<
[Such
reg~i~ti~ns
and]
Regulations [amendments thereto shallLas amended, must not conflict
with [nor] or waive an:yp(,ov,isions of
this{~~apter
[nor be less restrictive
than its provisions]. S
uchr~~Jlations
"'.
. .... ,.....
the requirements of this
mus~~~t
least as restrictive as
fi
;~;<[bdtiii~
••.•.•..
".:":.".:":".
adoPteclb~thetriqunty
execlltive]
Coun~y
Executive under method (2)
of
[~'~cti~hlSecticin2A-15
[oftpisCode]. [In the case of fees, the] The
,[cPJl!lty
e~~81.1tiy~~~~lil€(iurity
Executive must promptly forward to
coJddill County Council a copy of [the] any new fee
:'"
Chap~~r.[~rid~l1alI]
All regulations must be
schedulet~l'.use in~6B~~etary
planning activities. Such fees [shall be in
......
ia:ccordance $ith formulas based upon criteria to include area or] may be
:....
::".:
basedQ!!area, estimated cost of construction.,. or a minimal set fee per
categqpy[, 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,
-7-
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Building Permits-Amendments\BiII2 .Doc
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EXPEDITED BILL
No. 35-16
161
162
163
164
165
166
167
168
169
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.
The edition of the ICC International
B~ilQingC64~designated
under
Section 8-13 is the basic County 'building
•• "
-!,.
.....
,.,
..
ill
code."'th~
••,construction,
....•......•
.:':,
170
171
172
alteration, addition,
repair:pit~fnoval, 'i~:demolition, ~~~:<i
location,
occupancy, and maintenance of
thereof, on-site
service
forth] in
~ll"bUil~i~gs
and
struc~res
or parts
173
174
acces~,f~,?ili,!ies
to bUiidirigsanq structures, and their
equipment
mu;~nl&~t'thes~andar4~~nd
requirements [set
t4~tCode,
or as
am~l1.~~d~nd~£.Sec~ion
8-13.
175
176
(Q)
The clbsllredfany private road must meet the standards and
177
178
179
180
j;1J<CA)>
When
req~}ted. It[~h~l1
be] is unlawful to construct, enlarge, alter,
'~¢J:l"lOve
or demolish a building or change the occupancy of a building
181
182
183
sanit~&'p;ovisions;
or to change to a prohibited use; or create or alter
~;::
fr~m'9,geJ;fSe
group to another requiring greater strength, exitway or
~
any ownership unit when
use under an occupancy certificate or
~
184
185
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
-8-
186
187
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EXPEDITED BILL
No. 35-16
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
",'
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
10cation"th~Jse
and occupancy of
()f~iip~1:1ions
of the site or lot
be
all parts of the building or structure and
not covered by the building,. the
lot, and such additional
informatib~as,may
.
-.~
locatio~of anyd~ership
units on the
a~&s\lch~dditional
information as may be
requireabYtQ~ dir~StbJ.
:"
.,"
.
8-28. Certificate of use and occupancy.
!ill
Applicability.
ill
A
ill
.(/iE~einPtioJ~from use-a~a~o6cupancy
permit requirement:
~ih:frbfuOne
use to rulother.
use-and-occup~~;p~rinit)s req~if~tt'before
any building,
structure, or land ca.h:be..
as~dd1ftari~e
converted, wholly or in
..
'l~d!id~'btilldirt~~
:::;::.;~).::::":':
",
used exclusively for agricultural
....
purposes;
••.•
~
uset();'whiCh
.....
,":
~
valid occupancy permit was issued and
207
208
209
210
211
212
213
><:t1ot revoked before June
L
1958; and
.
·}·.·fC}/\~
Transitory Use.
®
Appli~~~~n
showing:
Requirements.
Each application for
~
~
use-and-occupancy
permit must be accompanied
by
copies of
~
plan drawn to scale
ill
the lot on which
~
use is proposed, lot dimensions, lot and block
numbers and subdivision name, if any;
-9-
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EXPEDITED BILL
No.
35-16
ill
the location, extent, and layout for the proposed use and any other
pertinent information; and
ill
north point, date and scale of plan.
[(a)]
ill
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
providediri'ch~pter
59
of this Code
shall have been] is issued by the [directol:'lbireetor in [accordance with
the requirements] satisfaction of this
[cha.p~r]
[(b)]
@
Buildings hereafter altered.
use or occupy a building
htf~A.ft~r enl~g~d, extended§~a1tered
.;'{.­
ItJsH~ll b~i
is
unlawfuit~t;~ny
person to
to
c~~Btel:'.
change from one use gl:'oup to
anot1i~:r-'
in whole or
in
part until a
certificate of use and:B¢clJ12ancy
director certifying
thatthg~Q:rJf.
[has ".
b~etl]'
was completed in
[aCCOrdatl~~1<V.i~
the
prov~i!>!l~b~"~tisf,aeti~n
ofthe approved permit[;
excepk.that~Yh
Any
~~e
or
occ~~ancy[,
which] that was [not
disdmtinu~~l co~tin~~d
duringtne work of alteration, [shalJ] must be
,ff"::·:::·:~:.:·::-:.:
.::.,-...
·:":,;ri":,:::
[shadh~ve
been]
is issued by the
.;::::>::.:...
c-::"
::
..
:.::.:.:~:.:::.
.9js<;oIltinu~aWithiA;[ftiilty.(30)]
30
days after the completion of the
./f·al~er~fidri.'Ut1lessth~·E~qlJired
certificate is secured from the [[director]]
....
[(c)ji~Existing
bUildings.
Upon written request from the owner of an existing
bJii4~g, tl,J.~[director
shall] Director must issue a certificate of use and
occu~riii6;[;
provided, that] if there are no violations of law or orders of
....
........
.~'l
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.,.
or abandonment of [or prevent the continuance of] the use and
- 10 -
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EXPEDITED BILL
No. 35-16
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
267
[(f)]
..')
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
.i·"'"'·'"
uqf~~~the
owner complies
with all the applicable provisions of
thi~/tchapter
are complied with]
Chapter.
_ [(e)]
{g}
Temporary occupancy.
Upon
~hefequest
of the
hold~i9fa
permit, the
+:,.
"'.:";-:.:':}:::':
,.: :.
[director] Director may
issueitt~$-P9rary8~I1ificate
of
o~~fi:P~cy
for a
building or structure or part
thereo{b~f6re
the entire work covered by
the permit shall have
b~p.cQ1npleted
[;
~~~)'Vi<l(.!d,]
.if that such portion or
portions may be
occupi~d.:~~r~lYlp~i9r
to]
b6rJf~~1l
completion of the
.".
...... .... .. .
building with,p]Jt
endangeri~gijf~~~pti~ile\Velfare.
Neces
~;:ft;~~i~.::~.:
.
.'.
.
~
ill
,
ne.Depaitinent must firid1fithe building complies with Chapter
.;.::.:
...........•.........
~
illAriyb~iiaing,
".,,'
.".
structure, or land on
must
site with any previous
the
requirements,
...
satisfy
representations, plans, and conditions contained in the decision or
.";'resoloiion of the deciding body.
ill
::~:.
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
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EXPEDITED BILL
No. 35-16
268
269
270
271
272
273
274 .
275
276
277
278
279
Approved:
compliance with [the prOVISIons on 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 [tJ;1ereofJ of the building
and any special stipulations and conditions
of:th~building
permit.
Sec. 2. Expedited Effective
D a t e . / " " ? , .
The Council declares that this
legislatioI1,i~h~cess~:f9r
protection of the public interest. This
becomes law.
ACL.ti1k~seffect
on
th~<~dte
on.,which
the immediate
it
280
Nancy Floreen, President, County Council
.......... '". :.:.".)'.
Date
281
Approved:
.:~
.
282
Isiah
Legg~tt;c6Unty.·Executi~ei··.
Date
283
This is(;lcb;;ect
coP;~JC61dncil a~li8n.;
:(.:/:::.::.::::
'"':"
284
Linda
M.
Lauer,
Cl~fk;ofth~Council
Date
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