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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. 31C-4. Board of registration.
   (a)   Appointment of Board.
      (1)   There is a Board of Registration.
      (2)   The Board consists of 5 members appointed by the County Executive and confirmed by the County Council.
      (3)   No more than 2 members of the Board may be active in the residential construction field at the time of their appointment.
   (b)   Term. The term for each member is 3 years. A vacancy is filled for the remainder of the unexpired term. Unless a member is removed for good cause, each member holds office until the term of the member expires or a successor is appointed and confirmed.
   (c)   The Director may designate up to 2 Office employees as ex officio, nonvoting members to promote coordination with the Office’s activities.
   (d)   Operation of the Board; powers and duties of the Board.
      (1)   The Board must elect from its members a chairperson, vice-chairperson, and any other officers it deems necessary.
      (2)   The Board must:
         (A)   make recommendations to the Director whether a registration applicant, including a renewal applicant, should be registered with the Office;
         (B)   put its recommendations in writing; and
         (C)   by July 1 each year, submit an annual report of its proceedings to the Director.
   (e)   The County Attorney or the County Attorney’s designee serves as counsel to the Board.
   (f)   Board members do not receive compensation for serving on the Board. (2019 L.M.C., ch. 1, § 1.)
Sec. 31C-5. Registration process; fees.
   (a)   Registration required. A new home builder or a new home seller must not engage, or offer to engage, in the business of constructing, selling, or advertising a new home for sale or act in the capacity of a building contractor in the County unless the builder or seller are first registered by the Office.
   (b)   Application. Each application for registration must be on a form the Director requires and:
      (1)   provide information as to character, references, experience, education, and training in or related to erecting, constructing, or otherwise creating a new home or selling a new home;
      (2)   require that the applicant agree to provide the warranty required in Section 31C-8; and
      (3)   include any additional information required by regulation.
   (c)   Fees.
      (1)   Each application must be accompanied by an application fee.
      (2)   Any application fee paid is not refundable.
   (d)   Board recommendation. Within 60 days after receiving a completed registration application, the Board must recommend to the Director whether:
      (1)   the applicant is qualified to comply with the building code and laws of the County and State, and to fully perform new home building and new home sales contracts; and
      (2)   the applicant should be registered or receive a conditional registration that stipulates specific requirements to which the applicant must comply before the applicant’s registration can be fully recommended to the Director.
   (e)   Director decision.
      (1)   Within 75 days after receiving a completed application, the Director must notify the applicant of the Board’s recommendation and the Director’s final action regarding registration, conditional registration, or denial of registration. If the Director fails to notify the applicant within 75 days of submission, the application is deemed approved.
      (2)   If the applicant is denied registration approval, the Director must send the applicant written notification of the denial and the reasons for the denial.
      (3)   The Director must not approve a registration for a builder or seller who has or had any legal interest in a previously licensed firm who has or had a license or registration revoked or suspended for any reason listed in Section 31C-9.
   (f)   Expiration of license. Unless renewed under the procedures in Section 31C-6, a registration expires on the second anniversary of its effective date. Once a registration expires, it cannot be renewed. The former registrant must submit a new application for registration.
   (g)   Amendment. A new home builder or a new home seller must amend the registration within 30 days of any material change in the information provided in the most recent application or amendment. (2019 L.M.C., ch. 1, §1; 2019 L.M.C., ch. 23, §1.)
Sec. 31C-6. Registration Renewal.
   (a)   A registered new home builder or new home seller may apply to renew their registration before the current registration expires by:
      (1)   submitting a completed renewal application;
      (2)   paying the required renewal fee; and
      (3)   making a payment to the Maryland Home Builder Guaranty Fund as required under State law.
   (b)   At least 60 days before a new home builder or new home seller registration is set to expire, the Office must send written notification to the registrant. This notice must contain:
      (1)   a renewal application form or online link to the renewal form;
      (2)   the date on which the current registration expires;
      (3)   the date by which the Office must receive the renewal application; and
      (4)   information regarding the required fees associated with the renewal.
   (c)   A registrant must submit a completed renewal application to the Office no later than 30 days before the registration is set to expire.
   (d)   The Director may request that the Board review any renewal application to ensure the applicant continues to meet the criteria in Section 31C-5.
   (e)   By the date on which a registration is set to expire, the Director must send the applicant written notification of the Board’s recommendation, if any, and the Director’s final action regarding renewal of a registration. If the Director fails to notify the applicant by this date, the renewal application is deemed approved.
   (f)   If the applicant is denied registration approval, the Director must send the applicant written notification of the denial and the reasons for the denial.
   (g)   A renewal registration is valid for 2 years. (2019 L.M.C., ch. 1, §1; 2019 L.M.C., ch. 23, §1.)
Sec. 31C-7. Enforceability of contracts.
   A contract for the performance of any act for which a home builder registration is required is void unless the home builder was registered at the time that the contract was signed by the contract purchaser. (2019 L.M.C., ch. 1, § 1.)
Sec. 31C-8. New home warranty.
   (a)   Warranty required. As a condition to being registered under this Chapter, a new home builder and a new home seller must give a consumer a written warranty that provides the warranty coverage required by this Chapter no later than the execution of the contract to sell the home.
   (b)   Liability. The new home builder and new home seller must honor the terms of the warranty and cannot discharge this warranty obligation by providing a third-party new home warranty plan to the homeowner.
   (c)   Performance standards.
      (1)   The warranty must include minimum performance standards for the construction and quality of the components of a new home.
      (2)   If specific minimum performance standards are not provided, industry standards for good building practice determine compliance with the new home warranty.
   (d)   Duration of warranty. The new home builder and the new home seller must warrant to the homeowner, and all subsequent homeowners during the warranty period, that:
      (1)   For 1 year, starting on the warranty date, the new home must be free from any defect in materials or workmanship as defined in the minimum performance standards.
      (2)   For 2 years, starting on the warranty date, the new home must be free from any defect in the electrical, plumbing, heating, cooling, ventilating, and mechanical systems.
      (3)   For 5 years, starting on the warranty date, the new home must be free from any major structural defect.
   (e)   Exclusions. The written warranty may exclude:
      (1)   damage to real property which is not part of the home covered by the warranty and which is not included in the purchase price of the home;
      (2)   bodily injury or damage to personal property;
      (3)   any defect in, or caused by, materials or work supplied by anyone other than the builder, or its employees, agents, or subcontractors;
      (4)   any loss or damage which the homeowner has not taken timely action to minimize; and
      (5)   any additional exclusions permitted by Regulation.
   (f)   Statutory warranties. The statutory warranties required by this Chapter are in addition to all other implied or express warranties imposed by law or agreement. Each new home builder or new home seller must disclose the information required by, and otherwise comply with, Sections 10-601 through 10-610 of the Real Property Article of the Maryland Code.
   (g)   Financial security.
      (1)   Before entering into a contract to sell or build a new home, a new home builder or a new home seller must:
         (A)   inform the consumer in writing whether any bond, insurance, or other financial security is responsible for or guarantees the builder’s performance under the warranty required by this Chapter;
         (B)   provide proof of any such bond, insurance, or security to any buyer on request; and
         (C)   include the following notice in the sales contract immediately before the disclosure required by subparagraph (A):
   NOTICE TO BUYER
Montgomery County law does not require this builder to furnish any bond, insurance, or other financial security to guarantee the builder’s performance of its warranty obligations. If a builder has promised you any other bond, insurance, or security to guarantee the performance of its warranty obligations, that bond, insurance, or security must be listed here:
      (2)   The buyer must acknowledge in writing that the buyer has read and understands the notice required under paragraph (1)(C).
      (3)   A new home builder or new home seller may be required to post a bond if the Director determines that the builder constructed and sold a home without being registered. (2019 L.M.C., ch. 1, § 1.)
Sec. 31C-9. Complaints, investigations, and administrative hearings.
   (a)   Complaint. A consumer or homeowner may file a written complaint with the Director. A complaint should state the name and address of the builder or seller alleged to have committed a violation of this Chapter, describe the violation, and provide any other information that the Office requires. The Director may act on a complaint that is not complete.
   (b)   Investigation. The Office may:
      (1)   investigate any complaint made against any person who is operating as a new home builder or new home seller and who is or should be registered under this Chapter;
      (2)   investigate any potential violation of and enforce this Chapter without receiving a complaint;
      (3)   hold hearings or refer any matter to a hearing officer designated by the Chief Administrative Officer for an administrative hearing;
      (4)   subpoena the attendance of witnesses and documents;
      (5)   administer oaths;
      (6)   require the production of evidence relating to any matter under investigation;
      (7)   inspect relevant books, papers, records, or documents of the builder or seller at the place of business of the builder and seller during business hours; and
      (8)   conduct inspections of new home construction sites and models.
   (c)   Hearing.
      (1)   Before denying, suspending, refusing to renew, or revoking any registration, the Director must afford the builder or seller an opportunity for a hearing before a hearing officer designated by the Chief Administrative Officer for an administrative hearing.
      (2)   After giving a builder or seller the opportunity for a hearing, the Director may deny, suspend, refuse to renew, or revoke the registration of a new home builder or new home seller if the Director finds that the builder or seller:
         (A)   made a misstatement of material fact in the application for registration or renewal;
         (B)   committed fraud or misrepresentation in connection with any building activity conducted under the requirements of this Chapter;
         (C)   committed gross negligence in connection with any building activity conducted under the requirements of this Chapter;
         (D)   violated the building code or laws of the County or State;
         (E)   did not provide the new home warranty required by this Chapter;
         (F)   did not correct or settle a claim arising out of a defect that is covered by the warranty required by this Chapter;
         (G)   did not file an amendment to a registration application within 30 days of any material change in the information provided in the most recent application or amendment;
         (H)   aided, abetted, or knowingly combined or conspired with an unregistered person to evade this Chapter;
         (I)   abandoned or willfully failed to perform, without justification, a contract for construction of a building that is to be used as a residence;
         (J)   willfully deviated from or disregarded plans or specifications in any material way without consent of the consumer or homeowner;
         (K)   did not comply with this Chapter in any material way;
         (L)   diverted funds or property that were received for the completion of a construction project, and used the funds or property for another project, operation, obligation, or purpose, with intent to defraud or deceive creditors or the contract purchaser;
         (M)   served as an officer, Director, owner, member, principal, or stockholder for a builder or seller whose registration was revoked or suspended under this Chapter;
         (N)   engaged in a pattern of unfair or deceptive trade practices in violation of Chapter 11;
         (O)   obtained or attempted to obtain a residential home construction permit by falsely representing that the applicant was seeking a permit to construct a home to be occupied by the applicant as a personal residence;
         (P)   failed to satisfy final judgments or liens in favor of a contract purchaser, homeowner, subcontractor, or government;
         (Q)   engaged in fraud, deception, misrepresentation, or knowing omissions of material facts related to new home building contracts;
         (R)   engaged in a pattern of poor workmanship as evidenced by unresolved building code violations or unsatisfied arbitration awards or judgments in favor of a consumer; or
         (S)   violated a term or condition of a conditional registration.
      (3)   The Director may refer a complaint or a violation to a hearing officer designated by the Chief Administrative Officer for an administrative hearing.
   (d)   Hearings, generally. Any hearing held under this Section must be conducted under the Administrative Procedures Act.
   (e)   Appeals. A person aggrieved by a decision of the hearing examiner or Director to deny, suspend, refuse to renew, or revoke a registration may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals. (2019 L.M.C., ch. 1, § 1.)
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