Skip to code content (skip section selection)
Compare to:
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]
Sec. 22-1. Short title.
Sec. 22-2. Purpose; intent.
Sec. 22-3. Construction and scope of chapter.
Sec. 22-4. Application of building code.
Sec. 22-4A. Certification procedure.
Sec. 22-5. Definitions.
Sec. 22-6. Administration.
Sec. 22-7. Right of entry.
Sec. 22-8. Report of fire and rescue incident.
Sec. 22-9. Investigation of fires.
Sec. 22-10. Permits and certificates.
Sec. 22-11. Failure to obtain permit, approval or certificate.
Sec. 22-12. Operation under expired, suspended or revoked permits.
Sec. 22-13. Regulations.
Sec. 22-14. National standards.
Sec. 22-15. Special hazards.
Sec. 22-15A. Compilation of requirements.
Sec. 22-16. Order to eliminate dangerous or hazardous conditions generally.
Sec. 22-17. Service of orders and notices.
Sec. 22-18. Compliance.
Sec. 22-19. General authority to combat fires and related emergencies and conduct rescue operations; interfering with fire department.
Sec. 22-20. Evacuation of persons.
Sec. 22-21. Appeals.
Sec. 22-22. Penalties and other remedies for violations.
Sec. 22-23. Inspection.
Sec. 22-24. Damage or injury liability.
Sec. 22-25. Inspection and tests of suppression systems, etc.
Sec. 22-26. Maintenance of fire safety equipment.
Sec. 22-27. Approval of fire detection systems and devices.
Sec. 22-28. Protection of hood and duct ventilation systems and related commercial cooking appliances.
Sec. 22-29. Water supply and fire hydrants generally.
Sec. 22-30. Obstructing fire hydrants or fire department connections.
Sec. 22-31. Fire hydrant maintenance.
Sec. 22-32. Required access for fire apparatus.
Sec. 22-33. Fire lanes.
Sec. 22-34. Tampering with fire safety equipment.
Sec. 22-35. Portable fire extinguishers generally.
Sec. 22-36. Sale of unapproved portable fire extinguishers prohibited.
Sec. 22-37. Regulating fire extinguisher service.
Sec. 22-38. Servicing of portable fire extinguishers generally.
Sec. 22-39. Rules and regulations for servicing portable fire extinguishers.
Sec. 22-40. Exits and means of egress in buildings generally.
Sec. 22-41. Places of assembly.
Sec. 22-42. Tents and air supported structures.
Sec. 22-43. Permits required.
Sec. 22-44. Flammable liquids generally.
Sec. 22-45. Aboveground tank storage of flammable liquids.
Sec. 22-46. Abandonment of tanks of flammable or combustible liquids.
Sec. 22-47. Garages.
Sec. 22-48. Service stations.
Sec. 22-49. Bowling alleys.
Sec. 22-50. Application of flammable finishes.
Sec. 22-51. Flammable liquids transportation.
Sec. 22-52. Use of certain gasoline stoves.
Sec. 22-53. Gasoline torches and plumbers’ furnaces maintenance and use.
Sec. 22-54. Liquefied petroleum gases.
Sec. 22-55. Anesthetics and medical gases in hospitals and similar occupancies.
Sec. 22-56. Gas shut offs.
Sec. 22-57. Cutting and welding.
Sec. 22-58. Home use of inhalation therapy.
Sec. 22-59. Pyroxylin plastics (cellulose nitrate).
Sec. 22-60. Matches.
Sec. 22-61. Scrap, waste and junkyards and collection stations.
Sec. 22-62. Storage and handling of combustible fibres.
Sec. 22-63. Tire rebuilding plants.
Sec. 22-64. Lumber yards and woodworking plants.
Sec. 22-65. Hazardous chemicals generally.
Sec. 22-66. Hazardous chemicals in low hazard occupancies.
Sec. 22-67. Hazardous gas in balloons.
Sec. 22-68. Compressed gases generally.
Sec. 22-69. Fumigation.
Sec. 22-70. Fireworks.
Sec. 22-71. Explosives and blasting agents generally.
Sec. 22-72. Model rocketry.
Sec. 22-73. False alarms; injuring fire alarm system.
Sec. 22-74. Fire safety instructions.
Sec. 22-75. Procedures in case of fire.
Sec. 22-76. Warning notice in elevators.
Sec. 22-77. Shaftways to be marked.
Sec. 22-78. Vacant lots and parcels of land.
Sec. 22-79. Dangerous buildings.
Sec. 22-80. Combustible waste and refuse.
Sec. 22-81. Use of certain cooking equipment adjacent to multi-family dwellings.
Sec. 22-82. Use of charcoal burning equipment in buildings, etc.
Sec. 22-83. Use of portable heaters.
Sec. 22-84. Use of torches for removing paint and sweating pipe joints.
Sec. 22-85. Smoking generally.
Sec. 22-86. Hot ashes and other dangerous materials.
Sec. 22-87. Chimneys, heating appliances, etc., to be maintained in safe condition.
Sec. 22-88. Open fires generally.
Sec. 22-89. Decorative materials generally.
Sec. 22-90. Electrical wiring.
Sec. 22-91. Electrical products.
Sec. 22-92. Access to utilities.
Sec. 22-93. Mobile home parks.
Sec. 22-94. Construction and demolition.
Sec. 22-95. Control of materials.
Sec. 22-96. Smoke detectors.
Sec. 22-97. Address numbers.
Sec. 22-98. Roof materials.
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
Loading...
Sec. 22-66. Hazardous chemicals in low hazard occupancies.
   It shall be unlawful for any person to keep, store or possess in any building used for residential, assembly or office occupancy and quantity of hazardous chemicals as defined by this section without a permit except materials in forms prescribed by the official United States Pharmacopeia. For the purposes of this section hazardous chemicals requiring a permit shall include any of the following:
      (1)   Any material classified by the United States Department of Transportation as a class A explosive or a class A poison.
      (2)   Any material classified by the National Fire Protection Association recommended system for the identification of the fire hazards of materials, NFPA #704-M, that have a health hazard rating of three or four or that have a reactivity rating of two, three or four.
      (3)   Any material not classified by either system but which possesses the same or similar characteristics of being unstable or highly toxic as those materials covered by paragraphs (1) and (2) above. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-67. Hazardous gas in balloons.
   No person shall use any flammable, oxidizing, toxic, corrosive or reactive gas to inflate balloons. Air and inert gases which are lighter than air are not prohibited for this purpose. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-68. Compressed gases generally.
   (a)   Storage containers. Cylinders and pressure vessels shall be designed, constructed, tested and maintained in accordance with nationally recognized good practice. Each cylinder, pressure vessel or group of containers shall be marked with the name of the gas contained in accordance with nationally recognized good practice.
   (b)   Storage and use. All compressed gas cylinders in service or in storage shall be adequately secured to prevent falling or being knocked over. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-69. Fumigation.
   (a)   The central fire communication center shall be notified in writing at least twenty-four (24) hours before any fumigation operation in accordance with the provisions of Standard for Fumigation, NFPA #57.
   (b)   All fumigation operations shall be conducted in accordance with the Standard for Fumigation, NFPA #57. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-70. Fireworks.
   (a)   Defined. The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedos, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models and shall not include toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper or plastic caps are used and toy paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.
   (b)   Manufacture. It shall be unlawful to manufacture fireworks within Montgomery County.
   (c)   Possession or use. Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell or use, burn or explode any fireworks; provided, that the possession, sale or discharge of fireworks are permitted when such activities are conducted under a permit issued by the state fire marshal.
   (d)   Signal purposes, shows, etc. Nothing in this section shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations.
   (e)   Storage. No person shall keep or store fireworks in the county for a period in excess of eight (8) hours unless such person shall have a valid permit from the state fire marshal for a display within the county and unless such storage site has been approved by the Director. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-71. Explosives and blasting agents generally.
   (a)   Standards. National Fire Protection Association Code for the Manufacturing, Transportation, Storage, and Use of Explosive Materials, NFPA #495, is hereby adopted as if such standard were set out in full in this section. The following sections are hereby deleted from the standard adopted by this subsection. In chapter 2, paragraph 22, permit requirements; paragraph 23, permit classes; paragraph 24 blaster’s permit; paragraph 251, permit to use.
   (b)   Permit to blast. No person shall use any explosives within the county unless a permit shall have been first obtained for such use from the Director. The Director shall issue the permit where he finds that the applicant has sufficient experience in, and knowledge of, the use of explosives to assure that they will be used so as not to endanger the health or safety of his fellow workmen or the general public. The Director shall state in the permit the maximum amount of explosives to be used in any one charge and he may state the total amount of explosives to be used at the location stated in the application. The maximum amounts fixed by the Director shall be such as to protect the health and safety of the general public and the fellow workmen of the permittee. Explosives shall not be used in an amount in excess of the limits stated in the permit.
   (c)   Hours of blasting operations. Blasting operations shall not be conducted within the county between the hours of 7:00 p.m. and 7:00 a.m. nor at any time on Sunday, except by special permission by the Director.
   (d)   Handling generally. The handling of explosives may be performed by other employees; provided, that the work is done under the direct supervision of the person holding the permit to use explosives.
   (e)   Handling by intoxicated persons. No person shall handle explosives while under the influence of intoxicating liquors or narcotics.
   (f)   Smoking. No person shall smoke while handling explosives or in the vicinity thereof.
   (g)   Open flames. No open flame lamp or light shall be used in the vicinity of explosives.
   (h)   Possession of permit. The permit shall be made out in the name of and shall be in the possession of the person supervising the use of the explosives. (1975 L.M.C., ch. 23, §1.)
Sec. 22-72. Model rocketry.
   (a)   Permit required. A permit in accordance with the provisions of the Code for Model Rocketry, NFPA #41-L, shall be obtained before launching any model rocket.
   (b)   Standards. The provisions of the Code for Model Rocketry, NFPA #41-L, shall apply to all model rocketry activities.
   (c)   Dangerous rockets. Any model rocket or model rocket engine that does not comply with the requirements for construction in the standard adopted in subsection (b) of this section shall be considered a dangerous rocket. Any person who shall construct, manufacture, possess, give away, sell or launch such dangerous rocket shall be subject to the provisions of the fireworks section of this chapter. (1975 L.M.C., ch. 23, § 1.)
Sec. 22-73. False alarms; injuring fire alarm system.
   (a)   For the purpose of this section an emergency alarm shall be deemed and construed as being any act as follows: The giving, signaling or transmitting to the central fire communications center, any fire station, any rescue station, or any officer or member thereof, whether by telephone, spoken word or otherwise, information to the effect that there is a fire, explosion, injured person, sick person, person trapped, building collapse, gas leak or other emergency to which fire or rescue apparatus normally responds at or near the place indicated by the person giving, signaling or transmitting such information.
   (b)   Any person who deliberately or maliciously gives, signals or transmits, or who causes or permits to be given, signaled or transmitted an emergency alarm when in fact that person knows that no such emergency exists shall be guilty of a misdemeanor.
   (c)   It shall be unlawful for any person to tamper with or maliciously injure any fire alarm equipment maintained for the purpose of transmitting fire alarms to the fire department. (1975 L.M.C., ch. 23, § 1.)
Loading...