Chapter 8. Buildings. [Note]

*Editor's note-In Denice v. Spotswood I. Quinby, Inc., 248 Md. 428, 237 A.2d 4 (1968), it was held that compliance with the County building code is an implied condition of every construction contract. Chapter 8 is cited in Council of Chevy Chase View v. Rothman, 323 Md. 674, 594 A.2d 1131 (1991). The County building code is mentioned in Bernstein v. Reforzo, 37 Md. App. 724, 379 A.2d 181 (1978).

See County Attorney Opinion dated 12/13/99 explaining that the County has the authority to inspect stormwater management facilities constructed before 1985, but maintenance responsibility lies with the owner. See County Attorney Opinion dated 1/29/97 evaluating fees that may be charged for permits for Montgomery County Public Schools, Washington Suburban Sanitary Commission, Montgomery College, Maryland-National Capital Park and Planning Commission, Revenue Authority, and County agencies. [attachments]

1998 L.M.C., ch. 13, §1, amending 1997 L.M.C., ch. 27, §1, reads as follows:

"(a) Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, the Director of the Department of Permitting Services must not issue or allow the transfer of a certificate of use and occupancy between July 22, 1997, and September 30, 1998, for any nonresidential use of property by a pawnbroker.

(b) Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, any certificate of use and occupancy issued between July 22, 1997, and September 30, 1998, for the nonresidential use of property by a pawnbroker is void.

(c) Subsections (a) and (b) do not prohibit the Director from issuing a use and occupancy certificate for the nonresidential use of property ("new location") by a pawnbroker that holds a valid use and occupancy certificate for the use of another property ("current location") in the County if:

(1) both the current location and the new location are owned by the same property owner;

(2) the new location adjoins the current location directly or through one or more properties owned by the same property owner;

(3) the total floor space (square footage) of the new location is not more than 100 percent larger than the total floor space of the current location; and

(4) the pawnbroker surrenders the use and occupancy certificate for the current location when the Director issues a certificate for the new location.

(d) In this Act, pawnbroker means a pawnbroker as defined in Section 30-7 of the County Code or Section 12-101(e) of the Maryland Secondhand Precious Metal Object Dealers and Pawnbrokers Act." 1998 L.M.C., ch. 5, § 1 and 1997 L.M.C., ch. 40, §1, previously amended 1997 L.M.C., ch. 27, §1.

1995 L.M.C., ch. 33, § 1 reads as follows: "Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, the Department of Environmental Protection must not issue a building permit for any wireless communication transmission antenna (including any cellular or mobile telephone transmission antenna), any structure on which any such antenna would be located, or any related equipment building before March 22, 1996, if the antenna is a publicly owned or publicly operated use under Chapter 59. Any building permit issued or released between November 21, 1995, and March 21, 1996, for a publicly owned or publicly operated wireless communication transmission antenna (including any cellular or mobile telephone transmission antenna), or any structure on which any such antenna would be located, is void."

Cross references-Agricultural land preservation, ch. 2B; condominiums, ch. 11A; cooperative housing, ch. 11C; electricity, ch. 17; energy conservation, ch. 18A; erosion, sediment control and storm water management, ch. 19; fire safety code, ch. 22; historic resource preservation, ch. 24A; homeowners' associations, ch. 24B; building and fire regulations for hospitals, sanitariums, nursing and care homes, § 25-53 et seq.; housing, moderately priced, ch. 25A; housing policy, ch. 25B; housing and building maintenance standards, ch. 26; discrimination in real estate, § 27-11 et seq.; maximum sound levels for construction, repair or demolition of structures, § 31B-6; new home warranty and builder licensing, ch. 31C; planning procedures, ch. 33A; plumbing and gas fitting, ch. 34; pond and excavation safety standards, ch. 36; rat control, ch. 39; subdivision of land, ch. 50; swimming pools, ch. 51; unsafe buildings, ch. 55; zoning, ch. 59.

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