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(a) Functions. The Department of Permitting Services is responsible for:
(1) reviewing building plans and specifications, building permits, occupancy permits, and licensing facilities for compliance with fire prevention law. In exercising these functions, the Director of Permitting Services may consult with the Fire Chief in all matters involving the interpretation, application, or revision of fire prevention laws and codes.
(2) code enforcement, inspection, and licenses (except where those functions are assigned by law to another department or agency), including:
(A) administering, interpreting, and enforcing the zoning law and other land use laws and regulations;
(B) administering, interpreting, and enforcing construction codes, and laws and regulations governing sediment control, stormwater management, floodplain management, special protection areas, and pond and excavation safety;
(C) issuing building, electrical, fire alarm, fire protection system, mechanical, stormwater discharge, and on-site water supply and sewage disposal permits;
(D) administering and enforcing agricultural preservation and historic resources laws and regulations; and
(E) administering and enforcing the fire safety code, pursuant to § 22-6(d).
(b) Advisory Committee.
(1) The County Executive must appoint, subject to confirmation by the Council, an Advisory Committee for the Department. The Committee consists of 11 voting members and 6 ex-officio, non-voting members. Each voting member must be appointed for a 3-year term and serves until a successor is confirmed. The Executive must from time to time designate one voting member as chair and one as vice-chair.
(2) Of the 11 voting members:
(A) 5 must be members of the regional service center advisory boards, with one member from each center’s board;
(B) 2 must be active members of civic organizations in the County;
(C) 2 must be active members of environmental organizations in the County; and
(D) 2 must be active in land development or related professions.
(3) The ex-officio, non-voting members must be nominated respectively by the Director of Environmental Protection, the Director of Housing and Community Affairs, the Director of Transportation, the Fire Chief, the Planning Board, and the Washington Suburban Sanitary Commission.
(4) The Committee must advise the Department on the performance of its functions and recommend to the Director, the Executive, and the Council any steps necessary to improve the Department’s performance. The Committee must meet at the call of the chair as often as required to perform its duties, but at least 4 times a year. Section 2-148(c) does not apply to ex-officio members. The Director must assign staff as the Committee needs to perform its duties. (1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, §§ 1 and 2; 2008 L.M.C., ch. 5, § 1; 2016 L.M.C., ch. 7, § 1; 2016 L.M.C., ch. 30, § 1.)
Editor’s note—See County Attorney Opinion dated 1/25/10 regarding the responsibilities of the Department of Permitting Services.
2016 L.M.C., ch. 30, § 2, states: Transition.
(a) Regulations. Any regulation in effect when this Act takes effect that implements a function transferred to the Department of Permitting Services or the Director of the Department of Permitting Services under Section 1 of this Act continues in effect, but any reference in any regulation to the Montgomery County Fire and Rescue Services or the Fire Chief from which the function was transferred must be treated as referring to the Department of Permitting Services and the Director of the Department of Permitting Services to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
(b) Responsibilities and rights. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Montgomery County Fire and Rescue Services or the Fire Chief in connection with a function, duty or authority transferred under Section 1 of this Act is transferred to the Department of Permitting Services and the Director of the Department of Permitting Services.
2016 L.M.C., ch. 30, § 3, states: Expedited Effective Date. The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date on which it becomes law (September 28, 2016). The amendments made in Section 1 apply retroactively to July 1, 2016.
2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
2002 L.M.C., ch. 16, § 4, states: Of the voting members initially appointed to the Advisory Committee created by Section 2-42B, as amended by Section 1 of this Act: (a) 3 must be appointed to 1-year terms; (b) 4 must be appointed to 2-year terms; and (c) 4 must be appointed to 3-year terms.
Division 8. Department of Police.*
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*Editor's note—A deputy sheriff is not a police officer for the purpose of workers' compensation presumption of occupational disease in accordance with Annotated Code of Maryland, art. 101, § 64A. Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982), (citing Code § 2-6(a), in accordance with Md. Code Ann., Lab. & Empl. § 9-503 (1999) [formerly Md. Ann. Code art. 101, § 64A], and §§ 2-43, 35-3(b), 35-8, 35- 21(b)).
(a) The Department of Police includes the County police and the Office of County Security. The Department has the authority, functions and activities prescribed by law.
(b) The Department has five non-merit positions: four Assistant Chief of Police (Sworn) positions and one Assistant Chief of Police (Civilian) position.
(c) Any reference in this Code or in regulation or other document to “superintendent of police” or “superintendent” means “Executive Director of Police,” or “Chief of Police,” or “Executive Director”.
(Mont. Co. Code 1965, § 2-64; 1969 L.M.C., ch. 34, § 15; 1977 L.M.C., ch. 3, § 1; 1986 L.M.C., ch. 37, § 3; 1996 L.M.C., ch. 2, § 1; 2000 L.M.C., ch. 6, § 1; 2001 L.M.C., ch. 2, § 1; 2013 L.M.C., ch. 7, § 1; 2016 L.M.C., ch. 7, § 1; 2020 L.M.C., ch. 18, §1; 2020 L.M.C., ch. 22, §1; 2021 L.M.C., ch. 26, § 1; 2023 L.M.C., ch. 21, § 1.)
Editor's note—The above section is quoted in Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982). The above section, together with section 33-3, is cited in DiGrazia v. County Executive for Montgomery County, 43 Md. App. 580, 406 A.2d 660 (1979).
See County Attorney Opinion dated 10/18/00 explaining that, with limited exceptions, the County does not have financial responsibility for the payment of a judgment or settlement of a tort action against the Sheriff or Deputy Sheriff even if it arises out of an employment relationship.
2000 L.M.C., ch. 6, §§ 2 and 3, state:
Sec. 2. The Chief Administrative Officer must abolish the following occupational classes on the date that the County Council confirms the third Assistant Chief of Police: (a) police lieutenant colonel; and (b) police major. Until the classes are abolished, the Chief of Police must not appoint any other person to a position in these classes.
Sec. 3. An employee of the Department of Police must not represent the Department or the County as an attorney in any administrative, quasi-judicial, or judicial proceeding.
Cross reference-Department of Police established, § 1A-201(a).
Division 9. Department of Public Libraries.
Editor's note-Section 2-44, establishing the Department of Public Libraries and providing for the appointment of a director, derived from Mont. Co. Code 1965, § 2-50, and 1969 L.M.C., ch. 34, § 9, was repealed by 1986 L.M.C., ch. 37, § 4. The department is now established in § 1A-201(a), and the office of director is established in § 1A-202(a).
The department of public libraries shall have the function of administering a county public library system with a central book depository, branches and stations, and bookmobile services for rural areas not adequately served by such branches and stations. Such branches and stations may be established and maintained in public schools and other public buildings in the county with the consent of the governmental authorities having jurisdiction over such buildings and in such other buildings as the council may provide. (Mont. Co. Code 1965, § 2-51.)
There is a Montgomery County Library Board composed of 13 members appointed by the Executive from the county at large, including 1 member recommended by Montgomery College, subject to the confirmation of the Council. The supervisor of school libraries is an ex officio member of the board. A member is appointed for a term of 3 years. A member appointed to fill a vacancy before a term expires serves the rest of the unexpired term. (Mont. Co. Code 1965, § 2-52; 1968 L.M.C., Ex. Sess., ch. 10, § 1; 1969 L.M.C., ch. 34, § 10; 1975 L.M.C., ch. 33, § 1; 1986 L.M.C., ch. 51, § 1; FY 1991 L.M.C., ch. 9, § 1; 2016 L.M.C., ch. 12, § 1.)
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