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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. 44-37. Toilet and sewage disposal facilities.
   (a)   Inspection and compliance with regulations. The toilet facilities and methods of sewage disposal in all institutions shall be inspected regularly by the department or other designated county agency for conformity with the excreta disposal laws of the state and the county and shall comply with all regulations issued under such laws.
   (b)   Toilet facilities generally. There shall be provided in all buildings used for living or instruction which are accessible to a sanitary sewer convenient and adequate toilet facilities so located, constructed and maintained that they shall not be offensive to the users, shall not be accessible to flies or vermin, and shall not by leakage or seepage offer possible contamination of adjacent waters or otherwise create a nuisance.
   (c)   Ratio of toilet facilities to students. The following ratio of toilets to students shall be deemed a standard for minimum adequacy:
 
Girls’ toilet units, elementary school
1 to 35
Girls’ toilet units, secondary school
1 to 45
Boys’ toilet units (when no urinals are provided)
1 to 35
Boys’ toilet units when supplemented by at least one urinal to fifty boys
1 to 100
Lavatories, elementary school
1 to 60
Lavatories, secondary school
1 to 100
 
(Mont. Co. Code 1965, § 97-21; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 37, § 2.)
   Cross references-Individual sewage disposal facilities, ch. 27A; sewage and sewage disposal, ch. 45.
Sec. 44-38. Food and food handling.
   (a)   Standards generally. All institutions shall comply with grade A standards established by the county board of health in its regulations for eating and drinking establishments.
   (b)   Screening against flies and mosquitoes. All doors, windows and other outer openings of kitchen, pantries and dining halls shall be screened against flies and mosquitoes between April 1 and October 15 of each year.
   (c)   Quality of milk used. In all institutions only pasteurized milk and cream conforming to state and local milk regulations shall be used. (Mont. Co. Code 1965, § 97-22.)
   Cross reference-Eating and drinking establishments, ch. 15.
Sec. 44-39. Garbage and waste disposal.
   (a)   Receptacle requirements generally. All garbage and waste matter from institutions regulated by this article shall be deposited in covered metal receptacles which shall be regularly emptied and cleaned at least twice a week between November 1 and April 1 of every year. Such receptacles shall be cleaned more frequently between April 1 and November 1 upon the written order of the director.
   (b)   Disposition of garbage, etc. All garbage and waste matter shall be burned, buried or otherwise disposed of in such a manner as not to violate any of the provisions of this Code or constitute a health or sanitary nuisance.
   (c)   Storage of garbage. Garbage shall be stored for collection in such a manner that it will not be accessible to rodents or other vermin.
   (d)   Garbage can locations to be kept clean. Places where garbage cans are located shall be kept clean at all times.
   (e)   Disposition of tin cans, etc. Emptied tin cans and food containers shall be disposed of in such a manner as to render them inaccessible to mosquitoes, other insects or vermin. (Mont. Co. Code 1965, § 97-23; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 37, § 2.)   
   Cross reference-Solid waste, ch. 48.
Sec. 44-40. Medical and nursing care generally.
   (a)   Generally. Every institution shall prepare a plan for insuring adequate emergency and other medical service. Every overnight school and camp shall have a school medical adviser, who shall be a licensed physician and who shall, pursuant to a definite arrangement with the institution:
      (1)   Regularly advise the institution concerning its general health program, emergency and other medical services, measures to control communicable diseases, health supervision of athletic participants and first-aid and nursing services;
      (2)   Assume responsibility for the examination and medical supervision of any children unable to secure this service from private physicians;
      (3)   Issue standing orders to the person responsible for first-aid service.
   (b)   Program in handling emergencies. Every institution shall prepare a planned, written program for the handling of emergencies and, in connection therewith, shall keep available in a convenient location a list of the names, addresses and telephone numbers of the institution's medical adviser, or nearby physicians available in emergencies, of nearby ambulance and hospital services and of the family physician of the individual students.
   (c)   Person trained in first-aid to be present. An adult person trained in first-aid shall be present in every institution at all times when students or children are present.
   (d)   When provisions for first-aid attention required. Adequate provisions for first-aid attention shall be made in connection with all group trips away from the institution except for trips performed within an area where first-aid attention is readily obtainable.
   (e)   Telephone required. There shall be a telephone in every educational institution and every recreational camp; provided, however, that where such camp is unable to obtain a telephone there shall be one (1) within five (5) minutes' travel distance from such camp.
   (f)   Automobile facilities. At all times there shall be available to every school automobile facilities which can be obtained within fifteen (15) minutes after call. (Mont. Co. Code 1965, § 97-24.)
Sec. 44-41. Communicable diseases.
   (a)   Report required. All cases of communicable diseases initially detected in students during their presence in an institution must be immediately reported to the Health and Human Services Department by the person in charge of the institution. The report must include the name of any individual in the institution known to have or suspected of having any such disease and such other information as may be prescribed by the Director.
   (b)   Plan of isolation. Every institution shall prepare a plan of isolation of students while on the premises of the institution which meets the approval of the County Health Officer.
   (c)   Release of students suffering from or exposed to disease. No institution shall release a resident student suffering from a communicable disease or who has been exposed to such a disease within the incubation period of a communicable disease to a locality within the County without authorization of a licensed physician. No such student shall be released to a location outside the County without authorization of the County Health Officer. This subsection shall apply to chicken pox, diphtheria, measles and German measles, mumps, poliomyelitis, scarlet fever, whooping cough and such other diseases as the County Health Officer may designate.
   (d)   Procedure in case of suspected food poisoning, etc. Whenever there occurs in any institution any outbreak of suspected food poisoning or whenever there is an unusual prevalence of any illness in which diarrhea, fever, sore throat, vomiting or jaundice is a prominent symptom, it is the duty of the person in charge of the institution to report immediately the existence of such an outbreak or disease prevalence to the Health and Human Services Department.
   (e)   Examination, etc., of employees. No institution shall knowingly permit an employee suffering from a communicable disease or suspected communicable disease to be on duty until examined by a licensed physician and found to be free from infection transmissible to others. (Mont. Co. Code 1965, § 97-25; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 37, § 2; 1995 L.M.C., ch. 13, § 1.)
   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
Sec. 44-42. Examinations and health records.
   A health record on a form prescribed by the county health officer shall be kept for each child or student in every institution. (Mont. Co. Code 1965, § 97-26; 1972 L.M.C., ch. 16, § 13.)
Sec. 44-43. Infirmaries.
   Overnight schools and camps shall maintain a clean, well-lighted and sanitary infirmary. The minimal standard for the number of beds in any such infirmary shall be determined by the county health officer, based on the number of resident students, the arrangements for transferring sick students to their homes and hospitals and other conditions affecting the care of the sick students. Such infirmaries shall be equipped with supplies prescribed by the county health officer as adequate to fulfill the needs of the particular institution. (Mont. Co. Code 1965, § 97-27; 1972 L.M.C., ch. 16, § 13.)
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