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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. 51-3. Scope of chapter.
   (a)   All physical standards required by this chapter shall apply to all public swimming pools constructed after the effective date of this chapter. The physical standards shall apply to all public swimming pools in existence prior to the effective date and to all private swimming pools proposed for conversion to a public swimming pool where:
      (1)   Any physical condition exists that would prevent the achievement of prescribed operating standards.
      (2)   Any physical condition exists which would endanger the health, safety or life of any person within the pool or immediately adjacent thereto.
      (3)   Alteration, addition or replacement of any equipment or appurtenances is made.
   (b)   Except as otherwise herein provided, the physical standards of this chapter shall not apply to private swimming pools. Such pools, however, must comply with the appropriate requirements of the respective building, plumbing and electrical codes of Montgomery County.
   (c)   All of the operational standards and personnel requirements of this chapter shall apply to all public swimming pools, regardless of the date of construction.
   (d)   All private swimming pools shall comply with the requirements for fencing, the safety standards under section 51-10(a), disposal of waste water and site location of the pool with respect to wells and sewage disposal systems.
   (e)   Where the requirements of this chapter are more specific or stringent than the requirements of the state department of health and mental hygiene regulations governing public swimming pools and bathing beaches, the requirements of this chapter shall take precedence.
   (f)   Where this chapter is silent, the provisions of the state department of health and mental hygiene shall govern and apply. (1971 L.M.C., ch. 45, § 1; 1986 L.M.C., ch. 33, § 1.)
   Editor's note-This chapter was effective March 10, 1971.
Sec. 51-4. Duties and responsibilities under chapter.
   (a)   The owner shall be responsible for submitting plans to and obtaining the necessary building permit from the approving authority to construct a public swimming pool and for providing the physical maintenance, supplies and personnel required for such pool.
   (b)   The owner and appropriate contractor shall be jointly and severally responsible for:
      (1)   Having an approved plan before any work is commenced on the construction of the swimming pool, any addition, remodeling or other improvement thereto;
      (2)   Following the requirements of the physical standards of this chapter, the approved plan and specifications and the terms of the building permit;
      (3)   Having such public swimming pool inspected as required in subsection (b) of section 51-6.
   (c)   The owner, pool operator and pool management company, where appropriate, shall be jointly and severally responsible for determining that a valid operating permit has been issued for a public swimming pool prior to commencing of operation, for following the operating standards as hereinafter set forth in the chapter and for keeping such records as may be required.
   (d)   The owner, pool operator and pool management company, where appropriate, shall jointly and severally be responsible for obtaining the necessary operating permits and for responding to emergency closing orders.
   (e)   The approving authority shall be responsible for reviewing the plans as may be required and issuing of permits, and for inspecting public swimming pools.
   (f)   Any person using a public swimming pool shall be responsible for following such safety rules as may be promulgated for the operation thereof. The pool operator is authorized to deny the use of the premises to any person violating the established safety rules. (1971 L.M.C., ch. 45, § 1; 1979 L.M.C., ch. 44, § 2.)
Sec. 51-5. Permits-Public swimming pools.
   No person shall begin construction or substantial alteration of a public swimming pool until plans and specifications therefor have been approved by the approving authority; nor shall any person convert a private swimming pool to a public swimming pool without having the written approval of the approving authority.
   (a)   Before work is commenced on any construction, addition, remodeling or other improvement thereto, an application for permit to construct, the plans, specifications and pertinent explanatory data required shall be submitted to the approving authority in such manner and containing such information as the approving authority may require from time to time.
   (b)   The approving authority shall review the plans and specifications for compliance with physical standards of this chapter and shall either approve or disapprove them on that basis within thirty (30) days from the date of receipt of such plans and specifications. In the event that incomplete submissions of plans, specifications or information required to determine such compliance is made, the approving authority shall notify the applicant accordingly and the thirty-day period shall be deemed to commence from the date of receipt of the additional information.
   (c)   The approving authority shall not issue any building permit for a public swimming pool until the plans and specifications for such pool have been approved.
   (d)   The approval of plans and specifications by the approving authority may be either in the form of a suitable endorsement upon such plans and specifications or by a separate written document to that effect. In either case, the approval shall expire one hundred eighty (180) days from the date of issuance unless the pool is under construction and concurrently with the expiration of the building permit.
   (e)   All public swimming pools shall be constructed in accordance with the physical standards of this chapter and the approved plans and specifications. No change shall be made after the approval of plans without the written consent of the approving authority.
   (f)   No person shall operate or maintain a public swimming pool until a current and valid operating permit shall have been issued by the approving authority. The approving authority may issue such temporary operating permits as it may determine to be proper from time to time.
   (g)   An application for an annual operating permit, accompanied by the fee as hereinafter set, shall be submitted to the approving authority prior to the initial opening of the pool and upon each renewal thereafter at least thirty (30) days prior to the expiration of the permit.
   (h)   An operating permit shall be issued by the approving authority upon a satisfactory finding that the swimming pool meets the requirements of this chapter. A permit shall remain in effect until April 30 of the year following issuance unless it has been revoked or suspended. When a valid application for permit renewal has been properly filed and the existing permit has not been suspended, revoked or denied by the approving authority, the existing permit shall continue in effect for not more than one hundred eighty (180) days from the date of expiration pending formal action by the approving authority on the renewal request.
   (i)   The operating permit may be revoked for repeated or continuing violations of the requirements of this chapter; provided, that the approving authority has given the owner notice in writing of the violations and opportunity for hearing before the approving authority to show cause why the revocation of the permit should not occur. Request for hearing, however, shall not entitle the owner or operator to continue operation of the swimming pool if the approving authority finds any conditions present as set forth in paragraph (j) or that the safety of the users of the pool requires it to be closed.
   (j)   Operating permits for a public swimming pool may be summarily suspended and the pool ordered closed by the approving authority upon a finding of any of the following conditions:
      (1)   The pool is being operated without adequate or responsible supervision.
      (2)   The turbidity of the water in the pool visually obscures the view of the main drain or the bottom of the pool when filled to its usual capacity.
      (3)   The level of the disinfectant in the pool is less or greater than specified in the manual on public swimming pool operations for adequate disinfections.
      (4)   The filtered water is not being delivered to the swimming pool for a period exceeding one (1) hour during the use of the pool.
      (5)   The bath house is not usable.
      (6)   The automatic disinfectant feeder has been inoperative in excess of twenty-four (24) hours. (1971 L.M.C., ch. 45, § 1; 1972 L.M.C., ch. 16, § 5; 1979 L.M.C., ch. 55, § 3; 1990 L.M.C., ch. 1, § 1.)
   Editor's note-Section 1 of 1990 L.M.C., ch. 1, added the term "Public swimming pools" to the title of this section.
Sec. 51-5A. Permits-Private swimming pools.
   An owner must not begin construction or substantial alteration of a private swimming pool without a building permit. The Department of Permitting Services must not issue a building permit for a private swimming pool until the owner has applied for a building permit for the fence or wall required to enclose the pool under Section 51-15. (1990 L.M.C., ch. 1, § 1; FY 1991 L.M.C., ch. 1, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
Sec. 51-6. Inspections.
   (a)   Public swimming pools.
      (1)   The approving authority must inspect, from time to time during reasonable hours, any part of a public swimming pool for the purposes of determining compliance with the provisions of this chapter. A person must not obstruct or deny access to a properly authorized representative of the approving authority.
      (2)   Before any piping and equipment is permanently concealed, a person constructing a public swimming pool must obtain an inspection by the approving authority.
      (3)   A newly constructed public swimming pool is not eligible for an operating permit until a final inspection has been made by the approving authority.
   (b)   Private swimming pools.
      (1)   When the Department of Permitting Services receives a complaint that a private swimming pool is in violation of this Chapter, the Department must inspect, during reasonable hours, the private swimming pool to determine compliance with this Chapter.
      (2)   An owner who constructs or substantially alters a private swimming pool must obtain all inspections required by the Department of Permitting Services.
      (3)   Within 5 days after a pool is completed, an owner must request a final inspection of the pool by the Department of Permitting Services if the Department issued the building permit for the pool. The Department must not certify that a private swimming pool passes final inspection unless the owner has complied with this Chapter. A private swimming pool must not be filled until it has passed final inspection. (1971 L.M.C., ch. 45, § 1; 1985 L.M.C., ch. 48, § 1; 1990 L.M.C., ch. 1, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
Sec. 51-7. Physical standards for public swimming pools.
   The following basic principles shall govern location, construction or reconstruction of all public swimming pools. They shall be used to interpret and promulgate regulations and to serve as the basis for the issuance of construction permits under section 51-5.
   (a)   Location. Public swimming pools shall be located so as to:
      (1)   Prevent and minimize the possibility of water contamination in the swimming pool from external sources occurring through:
         a.   Low-lying pool elevations in areas subject to periodic flooding,
         b.   Location of a pool in the path of uncontrolled surface water movement, or
         c.   Leakage into the pool from sources of contamination located overhead;
      (2)   Permit ready access to the pool for emergencies; and
      (3)   Ensure that utilities are available, or can be installed.
   (b)   Construction generally. All public swimming pools shall be constructed:
      (1)   To prevent or reduce the possibility of water contamination occurring through:
         a.   Entrance of surface water,
         b.   Back flow or back siphonage, or
         c.   Transport of foreign matter by bathers or spectators;
      (2)   To provide water of drinking quality to the pool and at all taps accessible to the bathers;
      (3)   To provide a continuous replenishment of clear, clean water to the pool of such chemical composition as to control the growth and spread of organisms and to minimize deleterious effects on the bathers and at such rates of delivery as the use of pool requires;
      (4)   To ensure reasonable expectations of the pool operating properly;
      (5)   To ensure a reasonable degree of mechanical strength and permanence of materials;
      (6)   To ensure that repairs and maintenance of the pool and its appurtenances can be made and that the pool can be kept clean;
      (7)   To prevent exposure of bathers, operating personnel and of outside persons to accidental hazards, and to permit the taking of such corrective measures when necessary should an accident occur;
      (8)   To provide for the personal hygiene of the bathers; and
      (9)   To facilitate the protection of bathers and operating personnel in the use of the pool.
   (c)   Manual for public swimming pool construction. The permittee shall comply with material, method, and location specifications as set out by the manual on public swimming pool construction issued by the county executive.
The approving authority may permit the use of new materials, equipment, designs and methods of a type which do not conform with the requirements of the manual; provided, that they are not prohibited by this chapter or other applicable laws. The approving authority shall require proof of recognized authority that the new materials, equipment, designs and methods are safe, constitute compliance with this section and that their performance and quality are equal to or superior to those of the materials, equipment and designs or methods required in the manual. (1971 L.M.C., ch. 45, § 1; 1979 L.M.C., ch. 55, § 4.)
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