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(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.
(a) When required. It is unlawful to construct, enlarge, alter, remove or demolish a building or change the occupancy of a building from one use group to another requiring greater strength, exitway or sanitary provisions; or to change to a prohibited use; or create or alter any ownership unit when a use under an occupancy certificate or a structure exists on the parent lot; or to install or alter any equipment for which provision is made or the installation of which is regulated by this chapter, without first filing an application with the department in writing and obtaining the required permit therefor; except, that ordinary repairs as defined in Section 8-3 which do not involve any violation of this Chapter are exempt from this provision.
(b) Form. Application for a permit shall be submitted on forms prescribed by the director and shall be accompanied by the required fee as prescribed by this chapter.
(c) Qualified applicants. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officer, if the owner or lessee is a corporate body, shall be stated in the application.
(d) Description of work. The application must contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building, the location of any ownership units on the lot, and such additional information as may be required by the director.
(e) Projects not requiring site plan or conditional use approval. For projects that do not require site plan approval or conditional use approval and include more than 10 parking spaces, an application for building permit must include a plan showing:
(1) the location and design of entrances and exits to public roads;
(2) the location and size of all buildings and structures;
(3) the location of parking spaces, directional markings, traffic-control devices and signs; and
(4) that it satisfies Division 59-6.2 of Chapter 59.
(f) Plans and specifications. The application for the permit shall be accompanied by not less than two (2) copies of specifications and of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. When quality of materials is essential for conformity to this chapter, specific information shall be given to establish such quality; and in no case shall this chapter be cited or the term “legal” or its equivalent be used as a substitute for specific information. The director may waive the requirement for filing plans when the work involved is of a minor nature.
(g) Plot diagram. Each applicant for a building or occupancy permit must file 2 copies of a plot plan drawn to scale, showing:
(1) The lot upon which the proposed building is to be erected, lot dimensions, lot and block numbers and subdivision name, if any;
(2) Name and width of abutting streets;
(3) Location, dimensions and use of existing buildings and other structures on the same lot;
(4) The location, dimensions and proposed use of buildings and other structures for which a permit is requested;
(5) Front and rear yard widths;
(6) North point and scale of plan; and
(7) If the permit is for a new residential building or accessory structure or an addition to an existing residential building, and a storm water management plan has not already been approved for that construction, the location of any existing and proposed drainage structure, including any swale, and the general flow of water, indicated by arrows, to and from each structure.
(h) Engineering details. The director may require adequate details of structural, mechanical and electrical work including computations, stress diagrams and other essential technical data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design.
(i) Amendments to application. Subject to subsection (i), an amendment to a plan, application, or other document may be filed at any time before the work for which the permit is sought or issued is completed. Each timely filed amendment must be treated as part of the original application and filed with it.
(j) Time limit. An application for a permit for any proposed work must be treated as abandoned 6 months after the application was filed, unless the application has been diligently prosecuted or a permit was issued. However, for reasonable cause, the Director may extend the time for the Department to consider an application for one or more additional periods which do not exceed 90 days each. (1975 L.M.C., ch. 1, § 3; 2006 L.M.C., ch. 37, § 1; 2009 L.M.C., ch. 10, §§ 1 and 2; 2016 L.M.C., ch. 35, § 1; 2017 L.M.C., ch. 12, §1.)
Editor's note—Section 8-24 is quoted in F.D.R. Srour Partnership v. Montgomery County, 179 Md. App. 109, 994 A.2d 1149. Section 8-24 is cited in Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005), and in Washington Suburban Sanitary Commission v. TKU Associates, 281 Md. 1, 376 A.2d 505 (1971).
See County Attorney Opinion dated 5/21/92 explaining that the construction excise tax is payable only if a building permit is issued and construction takes place.
A building in which a day care provider lives and provides child day care services for 12 or fewer children in accordance with all applicable State and County laws and regulations, including the requirement for a use and occupancy permit under Chapter 59, is a residential use for purposes of this Chapter. (1992 L.M.C., ch. 22, § 1.)
Editor's note-Section 8-24A, establishing a temporary limitation on new residential construction, was repealed by 1986 L.M.C., ch. 55, § 1. The section was formerly derived from 1985 L.M.C., ch. 41, § 1; 1986 L.M.C., ch. 6, § 1; 1986 L.M.C., ch. 21, § 1; and 1986 L.M.C., ch. 42, § 1. Subsequently, a new § 8-24A was added by § 1 of 1989 L.M.C., ch. 22. Section 2 reads as follows:
Section 2. Registration Fees. The Council intends that registration fees collected under this Act [section] be used to defray administrative costs associated with it by both the planning board and executive agencies. To that end, the planning board and the executive should execute an agreement to allocate those revenues.
The section was repealed by § 1 of 1990 L.M.C., ch. 3. See now art. iv, § 8-30 et seq. The passage of 1990 L.M.C., ch. 3 was contingent upon enactment of Subdivision Regulation 89-1. The County has advised that this regulation was enacted July 25, 1989.
1992 L.M.C., ch. 22, § 1, added a new § 8-24A.
(a) Homeowners' association registration.
(1) If a homeowners' association, as defined in section 24B-1 of this Code, wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the homeowners' association must register with the department and pay a fee determined by the director, based on the cost of services provided to the association under this section.
(2) A homeowners' association registers with the department by providing the department with:
a. A statement made under penalty of perjury that it has the authority under its bylaws, declarations, documents, rules, or regulations to approve a proposed project that requires a building permit;
b. The boundaries of the area covered by the homeowners' association's covenants, by premises address;
c. The name, address, and telephone number of the individual to contact for obtaining approval; and
d. Other information the director requires.
(3) A registration of a homeowners' association under this section expires after two (2) years and may be renewed as provided by executive regulation.
(b) Municipal corporation and special taxing district registration.
(1) If a municipal corporation or special taxing district wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the municipal corporation or special taxing district must register with the department and pay a fee determined by the director, based on the cost of services provided to the municipality or district under this section.
(2) A municipal corporation or special taxing district registers with the department by providing the department with:
a. A copy of the municipal corporation's or special taxing district's law, rule, or regulation authorizing it to approve a proposed project that requires a building permit;
b. The boundaries of the municipal corporation or special taxing district, by premises address;
c. The address and telephone number of the office to contact for obtaining approval; and
d. Other information the director requires.
(c) Changes in authority and boundaries. A homeowners' association, municipal corporation, or special taxing district that registers under this section must re-register with the department within thirty (30) days after the effective date of a change in:
(1) Its authority to approve a proposed project; or
(2) Its boundaries.
(d) Registration list. The director must maintain and make available to the public a list of:
(1) The homeowners' associations registered under subsection (a) of this section; and
(2) The municipal corporations and special taxing districts registered under subsection (b) of this section.
(e) Permit application process.
(1) When a person applies for a permit under section 8-24 of this chapter, the director must ask the applicant if the site of the proposed project is within:
a. An area covered by covenants of a homeowners' association;
b. A municipal corporation; or
c. A special taxing district.
(2) The applicant must provide the director with a statement made under penalty of perjury whether the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district.
(3) If the applicant indicates that the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district, the director must ask the applicant for:
a. An approval form signed by an authorized representative of the homeowners' association indicating that the work described in the application meets the requirements of all bylaws, declarations, documents, rules, and regulations of the homeowners' association; or
b. A permit from the municipal corporation or special taxing district.
(4) If the applicant does not provide the director with the approval form from the homeowners' association or permit from the municipal corporation or special taxing district when required, the director must send notice promptly to the representative or office listed in the homeowners' association's, municipal corporation's, or special taxing district's registration that the form or permit has not been provided.
(5) The applicant's failure to obtain a signed approval form from a representative of the homeowners' association or a permit from the municipal corporation or special taxing district does not prevent the director from approving the application for a permit under section 8-24 of this chapter. The permit may not take effect earlier than ten (10) days after its issuance.
(f) Regulations. The county executive must adopt regulations under method (2) of section 2A-15 of this Code to implement this section.
(g) Penalty. Section 8-22 of this chapter, establishing criminal penalties for violation of this chapter, does not apply to this section.
(h) Liability. The county is not liable for any act or failure to act by the department in carrying out the provisions of this section. (1987 L.M.C., ch. 30, § 1.)
Editor's note-Section 3 of 1987 L.M.C., ch. 30, which added this section, declared the act effective July 1, 1987.
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