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(a) Variances. When there are practical difficulties and undue hardship involved in carrying out structural or mechanical provisions of this chapter, the director may vary or modify such provision upon application of the owner or his representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured.
(b) Written application. The application for modification and the final decision of the director shall be in writing on a form approved by the department, shall include the names and address of the owners of all property contiguous or opposite to the property described on said application and shall be officially recorded with the application for the permit in the permanent records of the department.
(c) Notice of hearing. Within seven (7) days of the filing of the application provided for herein, the director shall cause to be mailed to the owners of any property contiguous or opposite to the property described in said application and, in his discretion, to other interested parties, organizations or agencies a copy of such application and the date, time and place fixed for the hearing.
(d) Record of hearing. In all contested cases, the department shall prepare an official record, which shall include testimony and exhibits, but it shall not be necessary to transcribe the stenographic record unless requested for purposes of appeal. (1975 L.M.C., ch. 1, § 2.)
(a) When plans for the erection or alteration of a building are prepared by a licensed professional engineer or registered architect, which contemplate structural work or structural changes involving public safety or health and such plans are accompanied by an affidavit of the applicant that he has supervised the preparation of the architectural, structural and mechanical design plans and that he will supervise or check all working drawings and shop details for the construction and that the structure will be built under his field supervision and in accordance with the approved plans and that such plans conform to all the provisions of this chapter and the regulations adopted pursuant to its provisions and that all the material used in the construction will be controlled materials as defined herein, the director may waive examination of the plans and field inspection of the construction and may issue a permit for the performance of the work.
(b) The licensed or registered professional engineer or architect shall be qualified by experience and training in the particular field of construction involved in the building project under consideration.
(c) Before the issuance of the certificate of use and occupancy for such building, the licensed professional engineer or architect who prepared and filed the original plans and who supervised the erection of the building shall file a verified report that the structure has been erected in accordance with the approved plans; and as erected, the building complies in all respects with this chapter and all other laws governing building construction except as to the specific variations legally authorized under the provisions of this chapter and as specifically noted in the verified report and cited in the certificate of use and occupancy.
(d) When applications for unusual designs or magnitude of construction are filed, the director may refer such plans and specifications to the plan review service of the Building Officials Conference of America for advice and recommendations as to their safety of design and compliance with this chapter; or he may, in his discretion, retain a properly qualified licensed engineer or registered architect to examine such application for a specific building operation with respect to safety and conformance to statutory requirements. Such employed licensed engineer or registered architect shall supervise the construction in the field to secure compliance with the approved plans and permit; and upon completion of the work, he and the builder shall file with the director a verified report to the effect that the building has been erected in accordance with accepted engineering practice and in conformity to all the statutory provisions governing building construction for the designated use group classification of the building or structure in respect to use, fire grading, floor and occupancy loads. (1975 L.M.C., ch. 1, § 2.)
(a) Preliminary inspection. Before issuing a permit, the director may examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use thereof; and he may conduct such inspections from time to time during and upon completion of the work for which he has issued a permit; and he shall maintain a record of all such examinations and inspections and of all violations of this chapter.
(b) Accredited inspection services. The director may accept reports of his own inspectors or of approved inspection services which satisfy his requirements as to qualifications and reliability.
(c) Plan inspection. When required by the provisions of this chapter materials or assemblies shall be inspected at the point of manufacture or fabrication.
(d) Inspection reports. All inspection reports shall be in writing and shall be certified by the approved inspection service, or responsible officer of the service or the individual when expert inspection services are accepted. A label or mark of approval permanently fixed to the product indicating that factory inspection has been made shall be accepted in lieu of the aforesaid report in writing.
(e) Final inspection. Upon completion of the building or structure and before issuance of the certificate of use and occupancy as required by this chapter, a final inspection shall be made and all violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the violations. (1975 L.M.C., ch. 1, § 2.)
(a) Generally. In the discharge of his duties, the director or his authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises in the county for which a permit has been issued to enforce the provisions of this chapter.
(b) Municipal cooperation. The assistance and cooperation of police, fire, and health departments and all other county officials shall be available to him as required in the performance of his duties. (1975 L.M.C., ch. 1, § 2.)
(a) Vacating buildings. When, in the opinion of the director there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the director is hereby authorized and empowered to order and require occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows:
"THIS BUILDING IS UNSAFE AND ITS USE
OR OCCUPANCY HAS BEEN PROHIBITED
BY MONTGOMERY COUNTY"
OR OCCUPANCY HAS BEEN PROHIBITED
BY MONTGOMERY COUNTY"
and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same.
(b) Temporary safeguards. When, in the opinion of the director there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.
(c) Closing streets. When necessary for the public safety, the director may temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe buildings and prohibit the same from being used.
(d) Emergency repairs. For the purposes of this section the director shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(e) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be charged to the owner of the property in the manner of taxes and such cost shall constitute a lien on the property. (1975 L.M.C., ch. 1, § 2.)
(a) In addition to the other provisions set forth in this chapter, whenever the director determines that work on a building or structure is being prosecuted in violation of the provisions of this chapter or chapter 31B, "Noise Control," including those conditions upon which the permit has been issued or in a manner which threatens the safety, health and welfare of the public, the director may order the work to be immediately stopped.
(b) The stop work order described herein shall be issued by the director in writing and served upon the owner of the property involved or his agent or to the person doing the work.
(c) It shall be unlawful for any person to continue or permit the continuance of work in or about a building after having been served with a stop work order, except such work as he is directed to perform to remove a violation or unsafe condition. (1975 L.M.C., ch. 1, § 2; 1986 L.M.C., ch. 32, § 1.)
The director may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or in case of any violation of the conditions upon which such permit was issued. (1975 L.M.C., ch. 1, § 2.)
A person has committed a class A violation if the person violates any provision of this Chapter or another applicable federal, state, or County law regulating an aspect of building construction which the Department enforces, including:
(a) building, altering, or repairing a building or structure in violation of an approved plan; or
(b) violating an order of the Director or any condition of an approved plan, permit, or certificate issued under this Chapter. (1975 L.M.C., ch. 1, § 2; 1983 L.M.C., ch. 22, § 12; 2011 L.M.C., ch. 17, § 1.)
Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
(a) Any person aggrieved by the issuance, denial, renewal, amendment, suspension, or revocation of a permit, or the issuance or revocation of a stop work order, under this Chapter may appeal to the County Board of Appeals within 30 days after the permit is issued, denied, renewed, amended, suspended, or revoked or the stop work order is issued or revoked. A person may not appeal any other order of the Department, and may not appeal an amendment of a permit if the amendment does not make a material change to the original permit. A person must not contest the validity of the original permit in an appeal of an amendment or a stop work order.
(b) After notice and hearing, the Board may affirm, remand, modify, or reverse the action of the Department.
(c) Any party may seek judicial review of a decision of the Board under Section 2-114. (1975 L.M.C., ch. 1, § 2; 2001 L.M.C., ch. 30, § 1; 2011 L.M.C., ch. 17, § 1.)
Editor’s note—Section 8-23 is cited and quoted in Montgomery County v. Longo, 187 Md. App. 25, 975 A.2d 312, cert. denied, 411 Md. 357, 983 A.2d 432 (2009).
2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
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