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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. 29-35D. Window guards.
   (a)   Applicability.
      (1)   This section applies to any multifamily dwelling unit.
      (2)   This section does not apply:
         (A)   to a ground-floor or basement window;
         (B)   to a window containing an air-conditioning unit, if the unit is bolted to the window opening and not surrounded by an open space exceeding 4 inches;
         (C)   to a window that is not designed to open; or
         (D)   to the extent that a window guard would cause a violation of a fire safety requirement, or an egress requirement, under Chapter 26, Chapter 8, or Chapter 22.
   (b)   Window guards required.
      (1)   For purposes of this section, a window guard means a physical barrier or limiting device attached to a window to prevent occupants from falling out of the window.
      (2)   The landlord of a multifamily dwelling must install and maintain a window guard in each window of a habitable room if:
         (A)   a child of age 10 or younger occupies the dwelling unit; or
         (B)   a tenant of the dwelling unit requests in writing the installation of window guards.
      (3)   A window guard installed under paragraph (2) must meet minimum safety standards prescribed by the Director.
      (4)   The Executive may adopt method (2) regulations to implement the requirements of this section. The regulations may include procedures for the Director to approve a landlord’s request for a variance, to use a safe alternative to a window guard in a particular window, if a window guard meeting the requirements of paragraph (3) is infeasible in the window.
      (5)   The Director must conduct outreach and educate landlords and tenants of multifamily dwelling units about the requirements of this section, including through:
         (A)   the Department’s website;
         (B)   sample notification and lease language; and
         (C)   the Landlord-Tenant Handbook.
   (c)   Responsibility of tenants and other persons. A person must not:
      (1)   obstruct or interfere with the installation of a window guard required under this section; or
      (2)   remove or disable a window guard required under this section.
   (d)   Notification to tenants; lease requirements.
      (1)   Notice required. The landlord of a multifamily dwelling unit must, at the time of a lease signing, a lease renewal, or a notification of a rent increase, notify the tenant of the unit about the requirements under this section.
      (2)   Notification requirements at the time of a rent increase or a lease renewal. At the time of a notification of a rent increase or of a lease renewal, the notification under paragraph (1) must:
         (A)   be in writing;
         (B)   be provided to the tenant in the form and manner prescribed by the Director; and
         (C)   include, at a minimum, a checklist, to be signed and dated by the tenant, that indicates:
            (i)   whether a child of age 10 or younger occupies or will occupy the dwelling unit;
            (ii)   if no child of age 10 or younger occupies or will occupy the dwelling unit, whether the tenant requests a window guard; and
            (iii)   whether an existing window guard requires repair or maintenance.
      (3)   Follow-up notifications. If a landlord does not receive a signed notification from the tenant within 30 days after providing the notification to the tenant under paragraph (2), and does not otherwise have actual knowledge of the need or desire for window guards, then the landlord must provide a second notification to the tenant under paragraph (2).
      (4)   Leasing requirements. The landlord:
         (A)   must include in the lease, or an addendum to the lease, the requirements of this section; and
         (B)   must not charge the tenant for the installation or maintenance of a window guard under this section.
      (5)   The lease or addendum under paragraph (4) must include a statement, signed and dated by the tenant, that indicates:
         (A)   whether a child of age 10 or younger occupies or will occupy the dwelling; and
         (B)   if no child of age 10 or younger occupies or will occupy the dwelling unit, whether the tenant requests a window guard. (2021 L.M.C., ch. 8, § 1.)
Sec. 29-35E. Radon Testing.
   (a)   Definitions. In this Section, the following terms have the meanings indicated:
   Action Level means the level of radon in a building, which if, equal to or above the United States Environmental Protection Agency’s (EPA) recommended action level, triggers mitigation.
   Mitigation means measures designed to permanently reduce indoor radon concentrations.
   Multifamily dwelling has the same meaning as in Section 29-1.
   Radon has the same meaning as stated in Section 40-13C(a).
   Radon test has the same meaning as in Section 40-13C(a).
   Radon hazard means exposure to indoor radon concentrations at or in excess of the United States Environmental Protection Agency’s recommended radon action level.
   Single-family home means a single-family detached or attached residential building. A single-family home does not include a residential unit in a condominium or a cooperative housing corporation.
   Tenant has the same meaning stated in Section 29-1.
   (b)   Applicability. This Section applies to all ground-contact or basement unit(s) of a residential rental in:
      (1)   a single-family home; or
      (2)   a multifamily dwelling building.
   (c)   Radon testing - required. A landlord of a single-family home or multifamily dwelling building must conduct a radon test before leasing a unit to a prospective tenant. Test results must be within three (3) years before the date of the lease.
   (d)   Lease requirements. At the time of lease signing, the landlord must provide to the tenant and certify in the lease, or an addendum to the lease, the following:
      (1)   a copy of radon test results that indicates any concentration of radon is below the Environmental Protection Agency’s recommended action level of 4 picocuries per liter (pCi/L);
      (2)   the radon test was performed less than three (3) years before the date of the lease; and
      (3)   a copy of the Environmental Protection Agency’s pamphlet on radon guide for tenants or an equivalent pamphlet approved for use by the Department of Environmental Protection. The copy of the pamphlet may be an electronic link to the applicable website, or if requested by the tenant, a hard copy.
   (e)   Testing and notification by existing tenants. An existing tenant may conduct a radon test or hire a radon professional to test a dwelling unit covered by this Section. If the test results indicate that radon hazard is present at a level of 4 pCi/L or higher, the tenant must:
      (1)   in writing; and
      (2)   within 14 days after the test results, notify the landlord and provide the landlord with a copy of the test results.
   (f)   Mitigation of radon. A landlord who receives notice under subsection (e), must:
      (1)   within 14 days after notice, initiate a follow-up radon test, in accordance with EPA-recommended standards for testing, to confirm any presence of radon hazard; and
      (2)   within 90 days after confirmed results:
         (A)   mitigate the premises to reduce radon below the action level of 4 pCi/L; and
         (B)   provide the tenant with a final copy of test results performed by a radon professional that indicates radon has been reduced below the action level.
   (g)   Cost of testing. The landlord is responsible for the cost of any follow-up, confirmation, or retesting of radon in a dwelling unit.
   (h)   Dispute of testing results. If there is a case of conflicting test results, where the test result provided by a tenant is at or above the action level and a test result by a landlord is below the action level, the following applies to determine the prevailing test results:
      (1)   testing performed in compliance with the EPA-recommended standard, by a radon professional (for hire) must supersede tests not performed by a radon professional;
      (2)   if both tests are performed by radon professionals, long-term testing results must supersede short-term test results; or
      (3)   if both tests are equally valid, as specified in subsections (1) and (2), and the dispute remains, then a mutually agreed upon third-party radon professional must retest in accordance with EPA-recommended standards.
   (i)   Disclosure of radon. A landlord must disclose in writing to each tenant in a residential rental building, within 14 days after a confirmed radon test, any elevated radon concentrations (above EPA’s recommended radon action level) that are known to be present within the dwelling.
   (j)   Termination of lease. A tenant has the right to terminate a lease, if the landlord fails to mitigate under subsection (f), without loss of security deposit or any other financial penalty. A tenant must provide, in writing, to the landlord a notice of the intent to terminate and vacate the premises. The notice may be effective either immediately upon receipt by the landlord, or as agreed upon by both parties, to allow the tenant to find alternative housing. (2022 L.M.C., ch. 34, §1.)
Editor’s note—2022 L.M.C., ch. 34, § 2, states: Sec. 2. Effective date. The amendments in Section 1 take effect on July 1, 2023.
Article V. Complaints.
Sec. 29-36. Tenants' complaints.
   (a)   If any affected tenant has reason to believe that a defective tenancy exists, has given the landlord notice of the tenant's complaint alleging a defective tenancy, and the landlord does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the affected tenant may file with the Director a complaint in writing. The complaint must state the name and address of the landlord, the premises in question, and the particulars of the alleged defective tenancy.
   (b)   If any prospective tenant believes that a landlord has violated Sections 29-27 or 29-28, the prospective tenant may file a written complaint with the Director stating the name and address of the landlord, the premises in question, and the details of the alleged violation. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1984 L.M.C., ch. 30, § 2; 2000 L.M.C., ch. 32, § 1.)
   Editor’s note—Section 29-36 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
   Section 29-36, formerly § 29-31, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
Sec. 29-37. Landlords' complaints.
   If any landlord has reason to believe that a tenant has created or permitted the existence of a defective tenancy, has given the tenant notice of the landlord's complaint alleging a defective tenancy, and the tenant does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the landlord may file with the Director a complaint in writing. The complaint must state the name and address of the tenant and the particulars of the alleged defective tenancy. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1984 L.M.C., ch. 30, § 2; 2000 L.M.C., ch. 32, § 1.)
   Editor’s note—Section 29-37 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
   Section 29-37, formerly § 29-32, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
Sec. 29-38. Joint and concurrent jurisdiction.
   (a)   The Department must refer any complaints that allege in substance any violation of Chapter 8, Chapter 22, Chapter 26, Chapter 59, or any other law enforced by any other County department, agency, or office to the appropriate department, agency, or office. The other department, agency, or office must keep the Department informed of any action taken.
   (b)   If the complaint contains allegations that fall jointly within the jurisdiction of 2 or more County departments, agencies, or offices and the allegations are nonseverable, the Department must investigate the complaint with the assistance of the other department, agency, or office. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1980 L.M.C., ch. 31, § 1; 1984 L.M.C., ch. 30, § 2; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 32, § 1.)
   Editor's note—Section 29-38, formerly § 29-33, was renumbered, amended, and retitled pursuant to 2000 L.M.C., ch. 32, § 1.
Sec. 29-39. Investigation of complaints.
   (a)   After the filing of any complaint, the Director must investigate whether there are reasonable grounds to believe that the allegation is true and decide whether a violation of this Chapter has occurred or a defective tenancy exists.
   (b)   If at any time after a complaint is filed, the Director believes the health, safety, welfare, or well being of a tenant is placed in immediate danger, the Director may take immediate action to provide appropriate relief, including notifying the chair or vice-chair of the Commission who must decide whether an emergency meeting of the Commission is necessary. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 1984L.M.C., ch. 30, § 2.)
   Editor’s note—Section 29-39 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007).
   Section 29-39, formerly § 29-34, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1. Former Section 29-39 was reserved by 1978 L.M.C., ch. 11, § 2.
Sec. 29-40. Procedure when violation of Chapter or defective tenancy not found.
   If the Director, after investigating a complaint, finds no reasonable grounds to believe that a violation of this Chapter has occurred or a defective tenancy exists, the Director must so inform the Commission. The Commission may, in its discretion, dismiss the complaint or order further investigation. (1972 L.M.C., ch. 27, § 1; 1978 L.M.C., ch. 11, § 2; 2000 L.M.C., ch. 32, § 1.)
   Editor's note—Section 29-40, formerly § 29-35, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
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