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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Chapter 21. Fire and Rescue Services.*
   *Editor’s note—Chapter 21 is cited generally in Lofland v. Montgomery County, 319 Md. 265, 572 A.2d 163 (1990); interpreted in Potter v. Bethesda Fire Department, Inc., 309 Md. 347, 524 A.2d 61 (1987); and discussed in Conway v. Takoma Park Volunteer Fire Department, Inc., 666 F.Supp. 786 (D.Md. 1987).
   See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities. See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporation must comply with County permit requirements and mandatory referral.
   2009 L.M.C., ch. 5, § 2, subparagraphs (b) and (c), read as follows:
   (b) Any reference in any law, regulation, or Fire and Rescue Service policy to the Fire and Rescue Commission must be treated as referring to the Fire and Emergency Services Commission created under Section 21-2, as amended by Section 1 of this Act, unless the context clearly indicates otherwise.
   (c) In initially appointing the Fire and Emergency Services Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years.
   2004 L.M.C., ch. 5, § 2, subparagraphs (a) and (b), read as follows:
   "Transition. (a) Regulations. A regulation issued by the Fire and Rescue Commission before this Act took effect [January 1, 2005] continues in effect unless it is inconsistent with Chapter 21, as amended by this Act, but must be treated as having been issued by the Fire Chief or the County Executive, as provided in Chapter 21, as amended by this Act. This Section does not apply to procedural regulations that the Commission is authorized to issue under Section 21-7(c), as amended by this Act.
   (b) Fire Administrator. Any reference in any law, regulation, or procedure to the Fire Administrator must be treated as referring to the Fire Chief appointed under Section 21-3, as amended by this Act."
   Chapter 21 is cited generally in Lofland v. Montgomery County, 319 Md. 265, 572 A.2d 163 (1990); interpreted in Potter v. Bethesda Fire Department, Inc., 309 Md. 347, 524 A.2d 61 (1987); and discussed in Conway v. Takoma Park Volunteer Fire Department, Inc., 666 F.Supp. 786 (D.Md. 1987).
   1998 L.M.C., ch. 4, §3, reads as follows: "Transition; initial Commission terms. Until the Fire and Rescue Commission created by Section 21-2, as amended by Section 2 of this Act, has been appointed by the Executive and confirmed by the Council, the Fire and Rescue Commission in existence when this Act takes effect continues in office. In initially appointing the Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years." 1980 L.M.C., ch 64, §5 also addressed transition provisions.
   1998 L.M.C., ch. 4, §4, reads as follows: "Transition; Department organization. On July 1, 1998, the Department of Fire and Rescue Services becomes the Division of Fire and Rescue Services in the Montgomery County Fire and Rescue Service. Subject to appropriation, on or after that date the Fire Administrator may transfer any employee of the Division of Fire and Rescue Services to the Division of Volunteer Fire and Rescue Services, the office of the Administrator, or the office of the Commission. After this Act takes effect, all references in Chapter 22 and any other law, regulation, policy, contract, or other document to the Department of Fire and Rescue Services must be treated as referring to the Montgomery County Fire and Rescue Service, and all references in Chapter 22 and any other law, regulation, policy, contract, or other document to the Director of Fire and Rescue Services must be treated as referring to the Fire Administrator. All personnel or other regulations applicable to employees of the Department of Fire and Rescue Services or any local fire and rescue department on July 1, 1998, remain in force until otherwise amended or repealed, and apply to employees of the Montgomery County Fire and Rescue Service or the local fire and rescue departments respectively."
   1992 L.M.C., ch. 8, §1, repealed former Article III, Fire Tax Districts, [§§ 21-13 and 21-14] effective July 1, 1993. 1992 L.M.C., ch. 8, §2, reads as follows: "However, notwithstanding the provisions of Section 21-13(a)(1), the Upper Montgomery County Fire Tax District must be merged into the Consolidated Fire Tax District, as if its tax rate equaled 26¢ per $100, as of July 1, 1992."
   Cross references—Purchase or lease of real property by County, § 11B-46; fire safety code, ch. 22.
Article I. Comprehensive Fire and Rescue Services.
§ 21-1. Statement of policy; definitions.
Article II. Organization.
§ 21-2. Fire and Emergency Services Commission.
§ 21-3. Fire Chief; Division Chiefs.
§ 21-4. Council approval of local fire and rescue departments.
§ 21-5. Functions of local fire and rescue departments.
§ 21-6. LFRD representative; direct negotiation process.
§ 21-7. Appeals of certain disciplinary actions.
Article III. Operations.
§ 21-8. Integrated Emergency Command Structure.
§ 21-8A. Standardized Incident Management System.
§ 21-9. Disaster plan.
§ 21-10. Response areas.
§ 21-11. Communications procedures and dispatch times.
§ 21-12. Master fire, rescue, and emergency medical services plan.
§ 21-13. Temporary transfer of apparatus.
§ 21-14. Assumption of command by County government.
§ 21-15. Performance auditing.
Article IV. Personnel.
§ 21-16. Personnel administration for local fire and rescue departments.
§ 21-17. Encouraging volunteers.
§ 21-18. Training requirements and certification standards.
§ 21-19. Code of ethics and personal conduct.
§ 21-20. Disability and death benefits for members of local fire and rescue departments.
§ 21-21. Length of service award program for volunteers.
Article V. Fiscal Matters.
§ 21-22. Budget preparation.
§ 21-23. Taxation.
§ 21-23A. Emergency Medical Services Transport Insurance Reimbursement Program.
§ 21-24. Fire tax funds.
§ 21-25. Debt.
§ 21-26. Title to assets; sale or disposition.
§ 21-27. Purchasing and contracting.
Article VI. Fire Corporation Boards.
§ 21-28. Conduit Road.
§ 21-29. Gaithersburg-Washington Grove Commission.
§ 21-30. Hillandale.
§ 21-31. Upper Montgomery County.
Article I. Comprehensive Fire and Rescue Services.
Sec. 21-1. Statement of policy; definitions.
   (a)    Legislative intent. The County Council, under Section 101 of the County Charter, intends to assure adequate public safety, health and welfare through an integrated fire, rescue, and emergency medical services program that is highly competent, highly trained, efficiently delivered, equitably administered and is provided by County, local fire and rescue department, and volunteer personnel. This program is operated by the County and the local fire and rescue departments. The Council believes that the County government is ultimately responsible for assuring public safety by providing fire, rescue and emergency services. This program should provide maximum cost-effective performance; promote the County-wide public interest; account for service levels and resources like other public programs; fairly communicate and consider all views regarding these services; and consider past and plan for projected growth and development in the County and its public safety requirements. To achieve these objectives a combined system of public and private resources is essential. The system includes:
      (1)   Delivery of fire, rescue and emergency medical services through the Montgomery County Fire and Rescue Service (MCFRS), including the local fire and rescue departments, under the authority of the Fire Chief or as otherwise provided by law.
      (2)   A coordinated policy and regulatory framework for the Montgomery County Fire and Rescue Service, including the local fire and rescue departments.
      (3)   A Standardized Incident Management System and an Integrated Emergency Command System which allow the integration of County and local fire and rescue department personnel and apparatus into County-wide, regional, State, and national emergency management plans.
The Council supports the delivery of fire, rescue and emergency services through the Montgomery County Fire and Rescue Service, including the local fire and rescue departments, operating under County policies and regulations implemented by the Fire Chief. This partnership ensures that service is delivered within a County-wide context and preserves community-based perspectives of the local fire and rescue departments. County officials, employees, volunteers, and local fire and rescue departments should actively encourage a combined service delivery system provided by local and County resources and promote equal opportunities and fair treatment for all personnel. The Council recognizes and respects the contributions of volunteers over many decades that have protected life and property in the County and provided vital and generous private support for an essential public activity. The Council acknowledges the years of volunteer effort, risk, and sacrifice; the time and money devoted to purchasing equipment, apparatus, and facilities; and the value to our community of opportunities for public service and fellowship. The County vigorously supports the continuation and expansion of volunteer participation to provide fire, rescue, and emergency medical services in the most cost-effective way and to encourage citizen participation in community activities.
   (b)    Purpose. This Chapter is intended to achieve the following goals for fire, rescue, and emergency medical services in the County:
      (1)   Maximum Protection for Life and Property. Provide maximum cost-effective, equitable, and responsive services to all County residents and visitors, including reasonable maximum response times, effective fire and rescue incident supervision, adequate staffing, effective distribution of personnel and apparatus, and timely adaptation to changing service needs. Ensure that all organizations and participants comprising the fire, rescue, and emergency medical services share the responsibility for continuously improving their effectiveness and efficiency.
      (2)   Maximum Volunteer Participation. Maintain and expand volunteer participation in fire, rescue, and emergency medical service operations and in policy-making.
      (3)   Optimum Personnel Practices. Promote equity and harmony among County, local fire and rescue department, and volunteer personnel; continually improve the capabilities of all personnel; effectively manage personnel; and achieve job performance and personal conduct of the highest caliber by County, local fire and rescue department, and volunteer personnel.
      (4)   Adequate Accountability. Account for service delivery, management practices, maintenance of all apparatus and facilities, and the use of public funds.
      (5)   Improved Operations and Administration. Minimize costs, including administrative overhead, apparatus, and other expenses; and effectively manage personnel, purchasing, maintenance, training, and other programs.
      (6)   Integration with Local, County-wide, regional, state, and national emergency management plans. Plan and coordinate County fire, rescue, and emergency services with services provided by other government and private organizations to provide all needed services while minimizing duplication and conflict.
   (c)    Definitions. As used in this Chapter, the following terms have the following meanings:
      Apparatus and facilities: all buildings and other real property, and all vehicles and vehicle equipment, owned in whole or in part by the County or a local fire and rescue department that are or can be used to provide fire, rescue, or emergency medical services.
      Commission: the Fire and Emergency Services Commission.
      Emergency medical services: emergency transportation, medical treatment, and related services. Emergency medial services includes standards for and training and certification of care providers.
      Fire Chief: the Fire Chief who is appointed under Section 21-3 to serve as the Director of the Montgomery County Fire and Rescue Service. Fire Chief includes the Fire Chief’s designee.
      Incident Management System: the regional organizational structure protocol that supports an incident commander and is intended to promote communication, coordination, accountability, and effective action to respond to a natural disaster or other emergency.
      LFRD representative: the authorized representative, if any, designated by the Local Fire and Rescue Departments under Section 21-6.
      Local Fire and Rescue Department (LFRD): any individual fire or rescue squad corporation authorized under Section 21-5 to provide fire or rescue services.
      National Incident Management System: the framework established under Homeland Security Presidential Directive 5, or any successor provision, to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive plan for responding to these incidents.
      Standardized Incident Management System: The organizational structure protocol implementing the standards under which an incident commander must provide communication, coordination, accountability, and effective action to respond to a natural disaster or other emergency.
      Tax funds: any County government revenues, including fire tax revenues.
      Volunteer: an individual who, without salary, performs fire, rescue, emergency medical, or related services as provided in this Chapter with the Montgomery County Fire and Rescue Service. (1980 L.M.C., ch. 64, § 3; 1988 L.M.C., ch. 14, § 2; 1998 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 5, § 1; 2009 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 49, § 1.)
   Editor’s note—Section 21-1, formerly § 21-4A, was renumbered, amended and retitled pursuant to 1998 L.M.C., ch. 4, § 1.
Article II. Organization.
Sec. 21-2. Fire and Emergency Services Commission.
   (a)   Established; membership.
      (1)   There is a County Fire and Emergency Services Commission, composed of 7 voting members appointed by the County Executive and confirmed by the County Council. Two members must be County career fire/rescue personnel, 2 members must be volunteer local fire and rescue department personnel, and 3 members must have no personal, family, or business connection with the County volunteer or career fire and emergency services. Each member must be a resident of the County. The members should reside in various geographic areas of the county and have a variety of occupational backgrounds.
      (2)   The Executive should appoint a person from a list of at least 5 volunteer local fire and rescue department personnel submitted by the LFRD representative each time the Executive appoints a member who must be a volunteer local fire and rescue department member. The Executive should appoint a person from a list of at least 5 career firefighters or rescuers submitted by organizations composed of career fire or rescue personnel each time the Executive appoints a member who must be a career firefighter or rescuer. If a list was submitted as provided in this paragraph and the Executive appoints a person whose name was not on that list to a Commission position reserved for a career firefighter or rescuer or volunteer local fire and rescue department member, the Executive must explain to the Council why no person on the list was selected. If the Executive requests a list under this paragraph from the appropriate organizations and does not receive a list of at least 5 candidates within 30 days, the Executive may appoint a qualified person without explaining why no person was selected from a list.
      (3)   The Fire Chief and any Division Chief are not eligible to serve on the Commission while holding that position.
      (4)   Each member serves a term of 3 years. A member must not serve more than 2 full terms, not counting any portion of an unexpired term, unless the Executive cites an extraordinary reason to reappoint the member for one or more additional terms. Each term begins August 1. A member serves until the member’s successor is confirmed.
      (5)   The Commission annually must designate one of its public members as chair and another public member as vice-chair. The vice-chair serves as chair in the absence of the chair.
   (b)   Vacancy. Any vacancy on the Commission must be filled as provided in subsection (a). If in the case of an unscheduled vacancy the Executive requests a list under subsection (a) from the appropriate organizations and does not receive a list of at least 5 candidates within 15 days, the Executive may appoint a qualified person without explaining why no person was selected from a list. A replacement member serves for the remainder of the original term.
   (c)   Compensation. A Commission member is not entitled to compensation for service on the Commission. Each Commission member must be reimbursed for reasonable travel and dependent care expenses, as appropriated in the operating budget.
   (d)   Duties, responsibilities and authority.
      (1)   The Commission must recommend how the County can:
         (A)   achieve and maintain effective, efficient, and equitable fire, rescue, and emergency medical services County-wide, and
         (B)   improve the policy, planning, and regulatory framework for all fire, rescue and emergency services operations.
      (2)   The Commission must meet at least monthly, and may meet at other times at the call of the chair or a majority of its members.
      (3)   The Commission, in addition to any other functions assigned by law or regulation, may:
         (A)   advise the Fire Chief, County Executive, and County Council on any matter relating to fire, rescue and emergency medical services, and review the performance of the County Fire and Rescue Service and any action taken or policy adopted by the Service;
         (B)   advise the Chief, Executive, and Council on County-wide policies, standards, procedures, plans, and programs that should apply to all fire, rescue, and emergency services operations;
         (C)   review and make recommendations regarding the master plan for fire, rescue, and emergency medical services as provided in Section 21-12;
         (D)   recommend and comment on legislation, regulations, and policies that apply to or affect the Fire and Rescue Service;
         (E)   review and recommend any appropriate changes in communications and dispatch procedures for emergency communications centers;
         (F)   recommend guidelines for curriculum and programs of the Public Safety Training Academy and other training programs for fire and emergency services employees and volunteers;
         (G)   recommend to the Chief, Executive, and Council a benefits program to provide financial protection for volunteers and their families if a volunteer becomes injured, disabled, or dies in the line of duty;
         (H)   after consulting the LFRD representative, recommend to the Chief, Executive, and Council policies and programs to recruit and retain volunteers; and
         (I)   promote coordination with other County-wide, regional, state, and national emergency management agencies and activities.
      (4)   The Commission must review and may approve or disapprove any generally applicable Fire and Rescue Service policy or regulation proposed by the Fire Chief, including any regulation that may be issued by the Executive under this Chapter. Before taking any action under this paragraph, the Commission must give the Fire Chief, LFRD representative, employee organization, and the public a reasonable opportunity to comment. If the Commission does not approve or disapprove a proposed policy within 60 days after receiving it from the Chief, the policy is automatically approved. If the Commission does not approve or disapprove a proposed regulation within 60 days after receiving it from the Chief, the regulation is automatically transmitted to the Executive for review. This paragraph does not apply to:
         (A)   any decision expressly assigned to another person or body by this Chapter; or
         (B)   any individual personnel action.
   (e)   Meeting with Executive. The Commission must meet with the Executive or the Chief Administrative Officer periodically to discuss matters under the Commission’s purview.
   (f)   Annual report. The Commission must forward to the Executive and Council an annual report describing Commission recommendations and activities.
   (g)   Removal. The Executive, with the approval of the Council, may remove any Commission member for cause.
   (h)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (1980 L.M.C., ch. 64 § 3; 1982 L.M.C., ch. 43, § 3; 1984 L.M.C., ch. 24, § 22; 1987 L.M.C., ch. 42, § 1; 1988 L.M.C., ch. 14, § 3; 1998 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 5, § 1; 2009 L.M.C., ch. 5, § 1; 2016 L.M.C., ch. 15, § 1; 2017 L.M.C., ch. 12, §1.)
   Editor’s note2009 L.M.C., ch. 5, § 2, subparagraphs (b) and (c), read as follows:
   (b) Any reference in any law, regulation, or Fire and Rescue Service policy to the Fire and Rescue Commission must be treated as referring to the Fire and Emergency Services Commission created under Section 21-2, as amended by Section 1 of this Act, unless the context clearly indicates otherwise.
   (c) In initially appointing the Fire and Emergency Services Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years.
   Section 21-2, formerly § 21-4B, was renumbered and amended pursuant to 1998 L.M.C., ch. 4, § 1.
   The above section is cited in Lofland v. Montgomery County, et.al., 319 Md. 265, 572 A.2d 163.
   Cross reference—Boards and commissions generally, § 2-141 et seq.
Sec. 21-3. Fire Chief; Division Chiefs.
   (a)   The Executive must appoint, subject to confirmation by the Council, and may remove the Fire Chief.
   (b)   The Fire Chief is the uniformed department head of the Montgomery County Fire and Rescue Service, and has all powers of a department director. The Chief has full authority over all fire, rescue, and emergency medical services in the County, including any fire, rescue, and emergency medical services provided by local fire and rescue departments. The Chief must implement County law, regulations, and policies to effectively administer the Fire and Rescue Service.
   (c)   The Chief of the Division of Fire and Rescue Operations is a merit position. The Division Chief must meet the requirements for chief officer adopted under Section 21-8. The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief. The Division Chief must promote the integration of the activities of volunteer and career firefighters and rescuers. The Division Chief, subject to the authority of the Fire Chief, may take disciplinary action, including discharge, against any merit system employee in the Service, subject to applicable merit system regulations and collective bargaining agreements.
   (d)   The Chief of the Division of Volunteer Services is a non-merit position. The Division Chief must meet the requirements for chief officer adopted under Section 21-8 and must have experience as a chief, or an assistant or deputy chief, in a volunteer fire and rescue organization in the County. The Division Chief must be given the same rank under the IECS as the Chief of the Division of Fire and Rescue Operations. Before the Fire Chief recommends a person to the Executive for appointment as Division Chief for Volunteer Services, the Chief must invite the LFRD representative to submit a list of at least 5 qualified persons for the Executive’s consideration. If the LFRD representative submits a list and the Executive appoints a person whose name was not on that list, the Executive must explain to the Council why no person on the list was selected. If the Chief does not receive a list of at least 5 candidates within 30 days after requesting it, the Executive may appoint a qualified person without explaining why no person was selected from a list. The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief. The Division Chief, under the direction of the Fire Chief must serve as the highest ranking volunteer officer in the County and coordinate the operations and administration of volunteer personnel and LFRD’s. The Division Chief must:
      (1)   promote the integration of the activities of volunteer and career firefighters and rescuers;
      (2)    promote recruitment and retention of volunteers;
      (3)    assist LFRD’s in training, risk management, use and maintenance of apparatus, budget preparation, and formulating department policy and recommendations to the Chief and Commission;
      (4)    monitor legislative and regulatory actions involving volunteer activities and inform affected groups; and
      (5)   provide additional opportunities for people to volunteer, including the creation of a mobile volunteer personnel corps.
   (e)   The Fire Chief must appoint an Internal Affairs Officer after considering any recommendation by the Commission. The Officer must assist the Chief in monitoring compliance with County laws, regulations, policies, and procedures and investigate matters assigned by the Chief.
   (f)   The Fire Chief must meet regularly with the LFRD representative and senior Service staff to communicate policy, evaluate the effectiveness of the County’s integrated fire and rescue services, and receive advice on the development of policies and delivery of services.
   (g)   In addition to any other authority under this Chapter, the Fire Chief may take disciplinary action against any employee or volunteer in the Service, including those in a local fire and rescue department, for violating any County law, regulation, policy, or procedure, or any lawful order of the Chief or the Chief’s designee. Disciplinary action under this subsection may include suspension or discharge of an employee and restriction or prohibition of a volunteer from participation in fire and rescue activities. The Chief must not take any action involving an employee or volunteer of a local department, except when the Chief finds that immediate action is required to protect the safety of the public or any employee or volunteer, unless the Chief finds that the local department has not satisfactorily resolved the problem in a timely and effective manner. Any finding by the Chief under the preceding sentence is not subject to appeal. Each employee or volunteer must give the Chief any information, not otherwise legally privileged, that the Chief reasonably needs to administer this Chapter.
   (h)   The Chief must provide staff and other support to the Commission, subject to appropriation. (1998 L.M.C., ch. 4, §1; 2004 L.M.C., ch. 5, § 1; 2009 L.M.C., ch. 5, § 1.)
   Editor’s note—2004 L.M.C., ch. 5, § 2, subparagraph (b), reads as follows: “(b) Fire Administrator. Any reference in any law, regulation, or procedure to the Fire Administrator must be treated as referring to the Fire Chief appointed under Section 21-3, as amended by this Act.”
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