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(a) When required. It is unlawful to construct, enlarge, alter, remove or demolish a building or change the occupancy of a building from one use group to another requiring greater strength, exitway or sanitary provisions; or to change to a prohibited use; or create or alter any ownership unit when a use under an occupancy certificate or a structure exists on the parent lot; or to install or alter any equipment for which provision is made or the installation of which is regulated by this chapter, without first filing an application with the department in writing and obtaining the required permit therefor; except, that ordinary repairs as defined in Section 8-3 which do not involve any violation of this Chapter are exempt from this provision.
(b) Form. Application for a permit shall be submitted on forms prescribed by the director and shall be accompanied by the required fee as prescribed by this chapter.
(c) Qualified applicants. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officer, if the owner or lessee is a corporate body, shall be stated in the application.
(d) Description of work. The application must contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building, the location of any ownership units on the lot, and such additional information as may be required by the director.
(e) Projects not requiring site plan or conditional use approval. For projects that do not require site plan approval or conditional use approval and include more than 10 parking spaces, an application for building permit must include a plan showing:
(1) the location and design of entrances and exits to public roads;
(2) the location and size of all buildings and structures;
(3) the location of parking spaces, directional markings, traffic-control devices and signs; and
(4) that it satisfies Division 59-6.2 of Chapter 59.
(f) Plans and specifications. The application for the permit shall be accompanied by not less than two (2) copies of specifications and of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. When quality of materials is essential for conformity to this chapter, specific information shall be given to establish such quality; and in no case shall this chapter be cited or the term “legal” or its equivalent be used as a substitute for specific information. The director may waive the requirement for filing plans when the work involved is of a minor nature.
(g) Plot diagram. Each applicant for a building or occupancy permit must file 2 copies of a plot plan drawn to scale, showing:
(1) The lot upon which the proposed building is to be erected, lot dimensions, lot and block numbers and subdivision name, if any;
(2) Name and width of abutting streets;
(3) Location, dimensions and use of existing buildings and other structures on the same lot;
(4) The location, dimensions and proposed use of buildings and other structures for which a permit is requested;
(5) Front and rear yard widths;
(6) North point and scale of plan; and
(7) If the permit is for a new residential building or accessory structure or an addition to an existing residential building, and a storm water management plan has not already been approved for that construction, the location of any existing and proposed drainage structure, including any swale, and the general flow of water, indicated by arrows, to and from each structure.
(h) Engineering details. The director may require adequate details of structural, mechanical and electrical work including computations, stress diagrams and other essential technical data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design.
(i) Amendments to application. Subject to subsection (i), an amendment to a plan, application, or other document may be filed at any time before the work for which the permit is sought or issued is completed. Each timely filed amendment must be treated as part of the original application and filed with it.
(j) Time limit. An application for a permit for any proposed work must be treated as abandoned 6 months after the application was filed, unless the application has been diligently prosecuted or a permit was issued. However, for reasonable cause, the Director may extend the time for the Department to consider an application for one or more additional periods which do not exceed 90 days each. (1975 L.M.C., ch. 1, § 3; 2006 L.M.C., ch. 37, § 1; 2009 L.M.C., ch. 10, §§ 1 and 2; 2016 L.M.C., ch. 35 , § 1; 2017 L.M.C., ch. 12 , §1.)
Editor's note—Section 8-24 is quoted in F.D.R. Srour Partnership v. Montgomery County, 179 Md. App. 109, 994 A.2d 1149. Section 8-24 is cited in Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005), and in Washington Suburban Sanitary Commission v. TKU Associates, 281 Md. 1, 376 A.2d 505 (1971).
See County Attorney Opinion dated 5/21/92 explaining that the construction excise tax is payable only if a building permit is issued and construction takes place.