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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
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Sec. 25-47. Admission policies.
   Admission policies shall be as set forth in the regulations of the state department of health. In addition thereto, the following requirements shall apply:
   (a)   Physician's statement required prior to admission of patient. Every operator of a nursing home and care home shall obtain a statement from a licensed physician as to the health condition and medical and nursing needs of a patient before such patient is admitted. Such statement shall include evidence from a physician satisfactory to the county health officer that the patient is free from tuberculosis in a communicable state.
   (b)   Discretion to be exercised. Institutions shall exercise discretion to avoid admitting patients whose condition indicates the need for a type of service and care that is not available in the institution. (Mont. Co. Code 1965, § 89-45; Ord. No. 6-101; Res. No. 6-1684.)   
Sec. 25-48. Medical care for patients generally.
   Every institution shall make provision for every patient to receive medical care by a physician when needed. Every operator of a nursing home and hospital shall promptly provide medical or nursing care whenever required for any patient. If any patient becomes acutely ill or shows a sudden mental deterioration, the next of kin, or some person responsible for the care and maintenance of the patient or designated by him shall be notified at once. Any specific order given by a physician for the treatment or care of any patient shall be reduced to writing by the operator of the institution or by the physician and no medical treatment shall be rendered patients except upon the order of a physician. (Mont. Co. Code 1965, § 89-46.)
Sec. 25-49. Patient accommodations generally.
   (a)   Rooms.
      (1)   Location; Light. Each patient's room shall be an outside room with a satisfactory amount of natural light.
      (2)   Outside Door. Each patient's room shall have a door opening into an exit or into a hall leading to an exit.
      (3)   Inside Rooms. Patients shall not be kept in rooms in which the only means of outside communication is through another room. Nursing and care homes with five (5) beds or less are excepted from this requirement.
      (4)   Internal Access. Each room must have internal access to the rest of the building.
      (5)   Basement Rooms. Patients shall not be kept in rooms extending below the ground level.
      (6)   Segregation for Privacy. Where both male and female patients are admitted, the rooms shall be segregated so as to allow for privacy.
      (7)   Isolation Rooms. There shall be made available one or more rooms which shall be used for isolation of patients with communicable diseases and for seriously ill or terminal cases. Nursing and care homes with five (5) beds or less are excepted from this requirement.
   (b)   Floor and window space.
      (1)   Floor Space. Beds shall be spaced so as to provide adequate room for nursing procedures, and to prevent transmission of infection. The following allowance of floor space is considered a minimum:
   Rooms for only one (1) patient, one hundred (100) square feet.
   Rooms for two (2) or more patients, eighty (80) square feet per bed.
   Care homes may calculate day-room space up to twenty-five (25) percent of the required floor area.
   The usable floor area for floors having sloping walls shall be calculated for bed occupancy only for that area having a ceiling height of eight (8) feet and fifty (50) percent of the area having a ceiling height between four (4) feet and seven (7) feet six (6) inches; provided, that at least fifty (50) percent of the total area has a ceiling height of eight (8) feet. Beds shall be placed at least three (3) feet apart.
      (2)   Window Area. The window area shall not be less than ten (10) square feet per bed. Half of this shall be openable.
   (c)   Furnishings.
      (1)   Bed, Mattress and Pillows. A bed, mattress and pillows shall be provided for each patient.
      (2)   Bedding and Linen. A sufficient supply of clean bedding and bed linen shall be in use and available at all times.
      (3)   Chair and Dresser, etc. In addition to the bed, the patient unit shall be provided with at least one (1) chair and either a dresser, locker or compartment bedside table to accommodate the patient's personal possessions such as toilet articles and clothing.
      (4)   Cleaning and Disinfection. After the discharge of each patient the complete unit shall be thoroughly cleaned, including all articles of equipment that were used for the special care of the patient; such articles as bedpans and thermometers shall be disinfected.
   (d)   Signal system. A signal system shall be maintained for patients to use in calling nurses and attendants. Hand bells are acceptable for use in small institutions. (Mont. Co. Code 1965, § 89-47.)
Sec. 25-50. Facilities and equipment for patient care.
   (a)   Space requirements.
      (1)   Cleaning and Storage of Nursing Supplies and Equipment. There shall be adequate space and facilities for the proper cleaning and storage of nursing supplies and equipment. This space shall be removed from patient contacts and kept stocked and in order so that the contents are easily available for use by the nurse or attending staff. Care homes having five (5) beds or less are excepted from this requirement.
      (2)   Storage and Preparation of Medicines. Suitable provisions shall be made for the storage and preparation of medicines. Care homes having five (5) beds or less are excepted from this requirement.
   (b)   Equipment and supplies for bedside care. There shall be sufficient equipment for nursing care according to the type of patient. The following is not a complete list of nursing equipment needed for the care of patients, the aim, rather, has been to include certain minimum essentials and point out special precautions which shall be taken in their use.
      (1)   Linen.
         a.   The following articles of linen are required for the treatment or care of the patient and to keep the bed in a comfortable and sanitary condition:
               Large sheets
               Draw sheets*
               Pillow slips
               Bedspreads
               Bath towels
               Face towels
               Bath blankets*
               Wash cloths
               Bedpan covers*
               Mattress covers
               Hot water bottle covers*
               Ice cap covers*
               Bath mats
            *Care homes with five (5) beds or less are excepted.
         b.   Individual towels and wash cloths shall be provided for each patient.
         c.   Bedpan covers shall not be used interchangeably.
      (2)   Utensils and Other Supplies Needed.
         a.   There shall be individual wash basins, mouth wash cups and drinking glasses for each patient.
         b.   In addition to the above articles there shall be the following articles for general use*:
               Mouth thermometers
               Rectal thermometers
               Hypodermic syringes and needles
               Bath thermometers
               Hot water bottles
               Ice caps
               Enema apparatus
               Douche apparatus
               Scales
               Urinals
               Bedpans
               Rubber sheeting
               Rectal tubes
               Catheters
               First aid dressings
               Tongue depressors
               Applicators
               Rubber rings
               Side boards for beds
               Wheelchairs
               Curved basins
               Clinical medicine glasses
               Covered water pitchers
            *Care homes having five (5) beds or less are excepted from this requirement.
         c.   Hot water bags shall be covered before placing in beds or on a patient. The greatest care shall be exercised in their use to see that water is not too hot and bags are not leaking. The water shall not be over one hundred twenty (120) degrees Fahrenheit.
         d.   A bath thermometer shall be used to test water.
         e.   Electric heating pads shall not be used.
   (c)      Restraints.
      (1)   When Permitted. Restraints shall be applied only as an essential measure to prevent the patient from harming himself or others, after alternative measures have been proven unsuccessful.
      (2)   Physician's Order-Required. There shall be a written order signed by a physician approving the use of restraints either at the time they are applied to the patient, or in case of emergency, as soon as possible and not more than twenty-four (24) hours after they have been applied by the person in charge of the institution.
      (3)   Same-Time Limitation; Additional Orders. The physician's order for restraint shall not extend beyond twenty-four (24) hours. If restraint is required beyond this period the physician's order shall be written at twenty-four-hour intervals.
      (4)   Form. The form of restraint used shall not cause injury to patients.
      (5)   Locking Doors-Generally. Patients shall not be kept behind locked doors, that is, doors which patients cannot open, unless a patient becomes too difficult to manage, in which case the room shall be located on the first floor and the door shall not be locked with a key.
      (6)   Same-By Patients. Patients shall not be permitted to lock doors to their rooms.
   (d)   Handling and storage of medicines.
      (1)   Generally. All medicines and stimulants shall be plainly labeled and stored in a specially designated, well-illuminated locked medicine cabinet, closet or storeroom and be accessible only to nursing personnel. The medicine cabinet or closet shall be located near running water to facilitate the preparation of doses.
      (2)   Narcotics, etc. Narcotics, sedatives and other dangerous drugs shall be securely locked and accessible only to the nurse in charge.
      (3)   Old Medications. Old medications including prescriptions for patients who have left the institution shall be discarded.
   (e)   Handwashing facilities. There shall be adequate handwashing facilities with soap and a sufficient supply of linen or paper towels so that a fresh towel can be used for every handwashing. The use of a common towel is prohibited. (Mont. Co. Code 1965, § 89-48.)   
Sec. 25-51. Personnel.
   (a)   Medical attendance.
      (1)   Patient's Physician. All persons admitted to any nursing or convalescent home shall be under the care of a licensed physician. The name, address and telephone number of the physician attending each patient shall be recorded for ready reference.
      (2)   Emergency Physicians. All institutions shall arrange for one (1) or more licensed physicians to be called in an emergency.
      (3)   Physician's Order for Medication or Treatment. No medication or treatment shall be given except on the written order of a physician.
      (4)   Physicians' Visits. Patients in nursing homes shall be visited by a licensed physician at least every two (2) months.
   (b)   Nursing service.
      (1)   Head Nurse. Nursing homes shall have a qualified nurse responsible for the nursing service. A qualified nurse shall mean a graduate nurse registered in this state, or a practical nurse licensed in this state; provided, that a graduate nurse eligible for registration in this state or a practical nurse eligible for licensure in this state may be considered qualified for three (3) months pending registration or licensure in this state.
      (2)   Personnel Generally; Minimum Bedside Care Required. Sufficient personnel shall be employed to give adequate care to patients both day and night. A minimum of two (2) hours of bedside care per patient per day is required.
      (3)   Relief Personnel. Provisions shall be made for relief personnel during vacation or other relief periods.
      (4)   Circulative Nurses; Emergency Procedures.
         a.   In institutions located in structures equipped with an automatic sprinkler system approved by the fire marshal, a minimum of one (1) nursing employee for each twenty-five (25) patients shall be circulating throughout the institution at all times.
         b.   In institutions located in structures not equipped with an approved automatic sprinkler system, a minimum of one (1) nursing employee for each twenty-five (25) patients shall be circulating throughout the institution at all times; provided, that between the hours of 11:00 p.m. and 7:00 a.m. one (1) nursing employee for each fifteen (15) patients shall be circulating throughout the institution at all times and be available in case of fire or other emergency. However, in calculating the number of nursing employees required to be circulating at all times between the hours of 11:00 p.m. and 7:00 a.m., in addition to at least one (1), credit of one-half person may be allowed from sixteen (16) to forty-five (45) patients for an employee, owner, operator or licensee who is actually on the premises and is able and readily available to respond to emergencies.
         c.   All persons assigned duties in nursing homes shall be instructed in emergency procedures and as to the locations of all patients and means of evacuation in emergencies.
      (5)   Personal Attention and Care of Patients. Each patient shall be given such personal attention and care including personal attention and care including personal hygiene, as is ordered or indicated.
   (c)   Dental and specialized care. Dental care and other specialized forms of medical and surgical services shall be arranged for on the order of the attending physician. (Mont. Co. Code 1965, § 89-49.)   
Sec. 25-52. Reports.
   Any occurrence, such as epidemic outbreaks, poisonings or other unusual occurrences which threaten the welfare, safety or health of any patient admitted to any institution shall be immediately reported to the state board of health and the county health officer. The institution shall furnish such information related to such occurrences as the state board of health and county officer may require.
   All institutions shall submit annual reports to the state board of health and county health officer, as required. (Mont. Co. Code 1965, § 89-50.)
Article IV. Building and Fire Regulations. 1

 

Notes

1
*Cross references-Buildings, ch. 8; fire safety code, ch. 22.
Sec. 25-53. Compliance with building code.
   (a)   No license shall be granted for the operation of any institution unless the building or structure in which the institution is housed meets the requirements of the building code in effect at the time that such building or structure is devoted or converted to such use, except as certain exceptions to such code are expressly provided for by this section or by rules and regulations adopted pursuant to this chapter. Prior to adoption of a building code applicable to the entire county, the building or structure in which such institution is housed, whether within or without the Maryland--Washington Regional District, shall, at the time it is devoted or converted to such use, meet the requirements of the Building Code for the Maryland-Washington Regional District. This section shall not apply to any institution in operation and duly licensed on the effective date of this article.
   (b)   A license to operate in a class C structure may be granted to any institution which provides care to not more than five (5) patients as an exception to the building code; provided, that the institution is in compliance with all other applicable provisions of this chapter and standards, rules and regulations for the health, safety, welfare and physical requirements of the patients. (Mont. Co. Code 1965, § 89-51.)
   Cross reference-Building code, ch. 8.
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