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(a) Posted use and occupancy. Every building and structure and part thereof designed for and listed among high hazard, storage, mercantile, industrial or business use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted on all floors by the owner with a suitably designed placard in a form designated by the director, which shall be securely fastened to the structure in a readily visible place, stating: the use group, the fire grading, the live load and the occupancy load.
(b) Posted occupancy load. Every building and structure and part thereof designed for a use listed among the assembly building or institutional building use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted with an approved placard designating the maximum occupancy load.
(c) Replacement of posted signs. All posting signs shall be furnished by the owner and shall be of permanent design; they shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced.
(d) Periodic inspection. The director may periodically inspect all existing buildings and structures except one- and two-family dwellings, for compliance with the law in respect to posting, or he may accept the report of such inspection from an authorized licensed professional engineer or architect and such inspection and report shall specify any violation of the requirements of this chapter in respect to the posting of floor load, fire grading, occupancy load and use group of the building. (1975 L.M.C., ch. 1, § 1.)
(a) Right of condemnation. All buildings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exitway facilities or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which by reason of illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure, as the director may deem necessary and as provided in this section. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this chapter.
(b) Examination and record of damaged building. The director shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the building, the nature and estimated amount of damages, if any, caused by collapse or failure.
(c) Notice of unsafe building. If an unsafe condition is found in a building or structure, the director shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately notify the director of his acceptance or rejection of the terms of the order.
(d) Restoration of unsafe building. A building or structure condemned by the director may be restored to safe condition; provided, that no change of use or occupancy is contemplated or compelled by reason of such reconstruction or restoration; except, that if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.
(e) Posting "unsafe" notice. If the person addressed with an "unsafe" notice cannot be found within the county after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person and a copy of the ``unsafe'' notice shall be posted in a conspicuous place on the premises and such procedure shall be deemed the equivalent of personal notice.
(f) Disregard of "unsafe" notice. Upon refusal or neglect of the person served with an "unsafe" notice to comply with the requirements of the order to abate the unsafe condition, the county attorney shall be advised of all the facts and he shall institute the appropriate action to compel compliance. (1975 L.M.C., ch. 1, § 1.)
The Director enforces and administers this Chapter. (1975 L.M.C., ch. 1, § 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.)
Editor’s note—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.
The Director shall enforce all the provisions of this Chapter and shall act on any question relative to the mode or manner of construction and the materials to be used in the erection, addition to, alteration, repair, removal, demolition, installation of service equipment and the location, use, occupancy and maintenance of all buildings and structures, except as may otherwise be specifically provided for by statutory requirements or as herein provided:
(a) Applications and permits. He shall receive applications and issue permits for the erection and alteration of buildings and structures and inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Chapter;
(b) Building notices and orders. He shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exitway facilities in existing buildings and structures and to ensure compliance with all the code requirements for the safety, health and general welfare of the public;
(c) Inspections. The Director must make all the required inspections or may accept reports of inspection by authoritative and recognized services or individuals, and all reports of those inspections must be in writing and certified by a responsible officer of the authoritative service or by the responsible individual; or the Director may engage expert opinion as necessary to report upon unusual technical issues that may arise, subject to the approval of the appointing authority. On the request of the Director of Housing and Community Affairs, under the authority of Chapter 26, the Director must investigate complaints of defects in construction that may violate Chapter 26.
(d) Research and investigations. The Director must investigate new developments in the building industry. Subject to local climatic or other conditions, the Director must accredit tests meeting the functional requirements of this Chapter conducted by accredited authoritative agencies listed in applicable regulations. The Director also may accept duly authenticated reports from the International Code Council, Inc., or from recognized authoritative sources of all new materials and methods of construction proposed for use which are not specifically provided for in this Chapter. The costs of all tests or other investigations required under this subsection must be paid by the applicant.
(e) Department records. He shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. File copies of all papers in connection with building operations shall be retained in the official records so long as the building or structure to which they relate remains in existence; and
(f) Hearings. Prior to the issuance of notices, orders and permits hereunder, the Director may, upon request, provide all interested parties with an opportunity for hearing after reasonable notice as specified in Section 8-15(c) of this Chapter. The notice shall state the time, place and issues involved. If the Director holds a hearing on a decision of the Department, the time for appeal to the Board of Appeals shall be stayed until a decision is made by the Director or until the Director has acted on a request for reconsideration, if any. A copy of the Director's decision or order shall be delivered or mailed promptly to each party to the hearing or to that party's attorney of record. Any party to a hearing conducted by the Director may, within ten (10) days following a decision by the Director, request in writing that the Director reconsider such decision;
(g) Annual report. At least annually, the Director shall compile a written statement of all permits and certificates issued, orders promulgated and materials approved. Interim reports shall be submitted as required. (1975 L.M.C., ch. 1, § 2; 1986 L.M.C., ch. 49, § 3; 1996 L.M.C., ch. 13, § 1; 2003 L.M.C., ch. 16, § 1.)
Editor’s note—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.
(a) The Director may recommend regulations for the administration of this Chapter including a schedule of fees and may, at the Director’s discretion, hold public hearings as part of this regulation-making process. Regulations, as amended, must not conflict with or waive any provisions of this Chapter. Such regulations must be at least as restrictive as the requirements of this Chapter. All regulations must be adopted by the County Executive under Method (2) of Section 2A-15. The County Executive must promptly forward to the County Council a copy of any new fee schedule for use in budgetary planning activities. Such fees may be based on area, estimated cost of construction, or a minimal set fee per category. The budget estimate of all fees must be equal to the cost of administering 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. All regulations, 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. (1975 L.M.C., ch. 1, § 2; 1975 L.M.C., ch. 24, § 3; 1979 L.M.C., ch. 50, § 1; 1984 L.M.C., ch. 24, § 10; 1984 L.M.C., ch. 27, § 9; 2003 L.M.C., ch. 16, § 1; 2016 L.M.C., ch. 35, § 1; 2017 L.M.C., ch. 12, §1.)
(a) 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 in that Code, or as amended under Section 8-13.
(b) The closure of any private road must meet the standards and requirements of Chapter 22 and Chapter 49. (1975 L.M.C., ch. 1, § 2; 1975 L.M.C., ch. 24, § 4; 2003 L.M.C., ch. 16, § 1; 2016 L.M.C., ch. 35, § 1.)
Editor’s note-The above section is interpreted in Permanent Financial Corporation v. Montgomery County, 308 Md. 239, 518 A.2d 123 (1986).
(a) In this section, "County building" means any building for which the County government finances all or part of the cost of construction.
(b) All County buildings contracted for design after September 1, 1985, must meet the energy performance standards required under this section.
(c) The County Executive must adopt regulations under method (2) to establish:
(1) Minimum building energy performance standards that meet or exceed the energy performance standards established by the State of Maryland under State law;
(2) A procedure for evaluating and monitoring the appropriateness and effectiveness of the standards;
(3) A procedure for evaluating building life cycle costs during the design development phase; and
(4) An incentive program which gives the County Executive the discretion to award bonuses if the building actually performs better than the energy performance standards required under this section.
(d) The Director of General Services may grant a variance or modification of an energy performance standard if:
(1) The architect applies for the variance or modification in writing; and
(2) The Director gives notice of and a chance to comment on the application to:
(A) The County Council;
(B) The Department of Permitting Services; and
(C) The energy conservation advisory committee. (1985 L.M.C., ch. 47, § 1; 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; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—Section 8-14 is cited in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006).
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.
2008 L.M.C., ch. 5, §§ 2 and 3, state:
Sec. 2. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Public Works and Transportation in connection with designing, building, and maintaining County facilities (except maintaining or renovating public parking facilities under Chapter 60, as provided for under Section 1 of this Act), maintaining County vehicles and equipment, acquiring and disposing of real property not associated with roads, bridges, and other related transportation facilities, and operating mail, printing, and duplication services, is transferred to the Department of General Services.
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.
(a) Definitions. In this Section, the following words have the meanings indicated:
County building means a building which is owned or leased by the County.
Energy baseline means the amount of energy consumed each year by a County building based on historical metered data, engineering calculations, submetering of buildings or energy consuming systems, building load simulation models, statistical regression analysis, or any combination of those methods.
Energy cost savings plan means a plan to reduce a County building’s energy costs, including related operation and maintenance costs.
Energy performance contract means a contract which provides for the performance of services for the design, acquisition, installation, testing, operation, maintenance, or repair of an identified energy conservation measure or series of measures in a County building.
ENERGY STAR rating means the ENERGY STAR rating developed by the federal Environmental Protection Agency which reflects a building’s energy efficiency.
Energy unit savings plan means a plan to reduce the amount of energy used by a County building, as measured in kilowatt hours or British thermal units.
National energy performance rating system means the rating system developed by the federal Environmental Protection Agency under which a building may obtain the ENERGY STAR rating.
Office of Energy and Sustainability or Office means the Office of Energy and Sustainability in the Department of General Services created under Section 18A-14.
(b) Requirements. The Office of Energy and Sustainability must:
(1) develop an energy baseline, energy unit savings plan, and energy cost savings plan for each County building;
(2) submit an initial report to the County Executive and County Council by February 1, 2015 which summarizes the energy baseline, energy unit savings plan, and energy cost savings plan for each County building; and
(3) submit an annual report to the County Executive and County Council by February 1 of each year that summarizes the steps taken in the preceding fiscal year to implement the energy unit savings plan and energy cost savings plan for each County building.
(c) Energy performance contracts. Each energy unit savings plan and energy cost savings plan that the Office prepares under subsection (b) must include a plan to use an energy performance contract unless the Office finds that the cost of using an energy performance contract outweighs the benefit. (2008 L.M.C., ch. 7, § 1; 2014 L.M.C., ch. 15, § 1.)
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