Article I. General Requirements.

*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.

Article I. General Requirements.

Sec. 8-1. Scope and applicability.

(a) Generally. This Chapter includes the rules and regulations adopted under Section 8-13 which have the force of law. It is known as the building code of Montgomery County. It controls all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location. This Chapter also concerns the creation or alteration of certain ownership units, the occupancy and maintenance of all buildings and structures, on-site access facilities to such buildings and structures and their service equipment. This Chapter applies to existing or proposed buildings and structures in the County.

(b) Intent. The intent of this Chapter is to assure public safety, health and welfare as it is affected by building construction, structural strength, egress facilities, sanitary equipment, light, utilities and ventilation, occupancies, and fire safety. In general, the intent of this chapter is to secure safety to life and property from all hazards associated with the design, erection, repair, removal, demolition or use and occupancy of buildings, structures or premises.

(1) This Chapter applies to the construction, raising, lowering, moving, demolition or occupancy of all buildings and structures and their appurtenant construction, including vaults, area and street projections, on-site access facilities, accessory structures, and additions. It applies to public and private buildings, except where such buildings are otherwise specifically excluded by statute. It also applies to the creation or alteration of any ownership unit, and the closure of any private road.

(2) A building permit may only be issued for a building located on:

(A) a lot or parcel shown on a plat recorded in the County Land Records or on a parcel exempt from recording requirements under Section 50-3.3; and

(B) an area outside of any building restriction line and outside the area restricted under Section 50-4.3.K.

(d) Exemptions. All buildings or structures must be constructed, extended, repaired, removed or altered under a permit that satisfies this Chapter, except for:

(1) ordinary repairs as defined in Section 8-3;

(2) a building or structure used exclusively for agricultural purposes on land used exclusively for agriculture; however, a permit under this Chapter is required for:

(A) a building or structure used for a purpose that is not exclusively agricultural, including conditional uses, even though located on otherwise agricultural land;

(B) an equestrian facility, building, or structure intended for use by participants or spectators at an equestrian event;

(3) the following public utility equipment:

(A) any structure and its attached cross arms carrying overhead electric power and energy transmission and distribution lines that carry 69,000 volts or less;

(B) equipment installed and maintained by a public utility under regulation by the State Public Service Commission; or

(C) poles or structures used for street lights, fire alarm boxes, traffic signals, or similar municipal equipment installed by the State or a local municipality.

(e) 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 and which is not specifically covered by this Chapter, must be determined by the director under Section 8-13.

(f) Zoning restrictions and referrals.

(1) When the provisions specified in this Chapter for structural, fire, and sanitary safety are more restrictive than those in Chapter 59, this Chapter controls the erection or alteration of buildings in respect to location, use, permissible area and height; but the more rigid requirements of either the building code or the zoning ordinance applies whenever they are in conflict.

(2) The Director must submit the application to the Planning Director for review for any building permit that requests:

(A) construction of a new principal structure; and

(B) construction that increases the gross floor area of an existing commercial structure.

(3) The Planning Director must confirm in writing that the submitted application 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 a condition of building permit.

(4) A building permit application for a 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. A building permit for a detached house on a child lot must be issued only to:

(A) a child of the property owner;

(B) the spouse of a child of the property owner;

(D) a contractor for the spouse of a child of the property owner. (1975 L.M.C., ch. 1, § 1; 1975 L.M.C., ch. 24, § 1; 1985 L.M.C., ch. 31, § 7; 2016 L.M.C., ch. 35, § 1; 2017 L.M.C., ch. 12, §1.)

Editor’s note—See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral. See County Attorney Opinion dated 5/20/91 indicating that the Washington Suburban Sanitary Commission is exempt from listed local permits, including Chapters 8, 19, 22, 50, and 59, but must comply with State law regarding sediment control and fire safety.

Sec. 8-2. Definitions.

In this Chapter, the following words and phrases have the following meanings:

Controlled materials. Materials which are certified by an accredited or authoritative agency as meeting accepted engineering standards for quality in accordance with detailed criteria set forth in regulations promulgated pursuant to provisions of this Chapter.

Department. The Department of Permitting Services.

Director. The Director of the Department of Permitting Services.

International Building Code. A comprehensive performance code governing materials and methods of construction used in buildings and structures or parts of either, and their service equipment and systems, published periodically by the International Code Council, Inc., (ICC) or any successor body.

On-site access facilities. Ramps, walkways, driveways and related pedestrian facilities located on a building site which provide a means of access for the public or the general work force to buildings and structures regulated by this Chapter.

Ownership unit. An area of land shown on a record plat created only for the convenience of the owner under Section 7.1.D of Chapter 50 that reflects a deed, mortgage, or lease line but does not subdivide the underlying lot.

Parent lot. A lot that is further divided by one or more ownership units.

Person. Any person, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, County or state agency within the state or any combination thereof.

Private Road. Any street, highway, avenue, lane, alley, or viaduct, or any segment of any of them, including any abutting sidewalk that has not been deeded, dedicated or otherwise permanently appropriated to the public for public use.

Service equipment. The mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation, fire-fighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy. (1975 L.M.C., ch. 1, § 1; 1975 L.M.C., ch. 24, § 2; 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, § 2; 2003 L.M.C., ch. 16, § 1; 2016 L.M.C., ch. 35, § 1.)

Editor’s note—See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral. See County Attorney Opinion dated 10/16/96 discussing an executive regulation that applies to any building for which the County finances all or part of the construction.

Sec. 8-3. Ordinary repairs.

Ordinary repairs to buildings may be made without application or notice to the department; but such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. (1975 L.M.C., ch. 1, § 1.)

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