MONTGOMERY COUNTY, MD - DEPARTMENTS AND AGENCIES

Adopted Executive Regulations

MCER NO. 5-06: ADOPTED FIRE AND RESCUE SERVICE REGULATION - Fire Safety Code - Fee Schedule for Inspections, Permits, Licenses, Certificates and Exceptions

SUMMARY: This regulation makes revisions to the existing fee schedule including the following. Sec. 2 establishes and implements an invoicing system for payment for services and penalties for non-payment and revises and updates re-inspection fees for non-compliance. Sec. 4 revises and updates existing fees by 15% to adjust for labor costs; establishes and implements new hourly-based fees for complex structure inspections; and establishes and implements annual operational permits for all fire protection systems. Sec. 5 establishes and implements new activity-based general permit fee categories and revises and updates existing term limits to no longer than 12 calendar months. Sec. 6 establishes and implements corporate and employee license requirements to work on any fire protection system and revises and updates agency required inspection fees to include hourly inspector costs. Sec. 9 establishes and implements new fees for development plan review, consultation services, and property information research. Sec. 11 indexes the fees charged to labor costs. The adopted regulation supersedes Executive Regulation 28-03.

ACTION: Executive Regulation 05-06, was approved by the County Council according to the Method 2 process, effective 11/28/06.

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 22-13. Method 2.

COPIES OF THE REGULATION: A copy of the regulation may be may be obtained from Battalion Chief Michael A. Donahue, Fire Code Enforcement, 255 Rockville Pike, 2nd Floor, Rockville, Maryland; 20850; 240/777-2470. Email: mike.donahue@montgomerycountymd.gov

MCER NO. 6-06: ADOPTED FIRE AND RESCUE SERVICE REGULATION - Fire Safety Code - Fire Protection Systems

SUMMARY: This regulation adopts the 2003 edition of the National Fire Protection Association's Uniform Fire Code (NFPA 1) and all associated NFPA codes or standards incorporated by reference to conform to the Maryland State Fire Prevention Code (MSFPC) and reduce the burden on business owners, developers, and design professionals of working from multiple code editions. The changes do not retroactively apply to buildings permitted and approved before the date of adoption of this regulation.

Unless otherwise enumerated below, changes to this adopted regulation reflect reorganization changes made by the National Fire Protection Association to the model codes previously adopted pursuant to Section 22-13 of the Montgomery County Fire Safety Code. In all cases below, the Fire Chief has determined that an inimical hazard exists requiring regulations that exceed the minimum requirements of the MSFPC (see Public Safety Article Section 6-206 establishing the State Fire Prevention Code as minimum requirements and authorizing local jurisdictions to adopt more stringent requirements).

Sec. 3 provides a more inclusive definition of fire protection system than chapter 22 to cover systems not envisioned at the time of original passage. This section also establishes and implements requirements for fire protection system operating permits. Sec. 4 extends the licensing requirements of the State and existing Montgomery County Fire Code from sprinkler contractors and persons maintaining portable fire extinguishers to all persons and companies conducting installation, service, repair or modification of any fire protection system as defined in this proposed regulation. Sec. 17 establishes and implements a new, more stringent requirement for the number of sprinkler heads installed under a non-flat ceiling to ensure adequate fire flow. Sec. 20 through 27 and Sec. 31 establish and implement new, more stringent requirements for sprinkler systems installed in one and two-family homes. Sec. 33 establishes and implements a new, more stringent requirement specifying the location of fire department sprinkler connections. Sec. 42 through Sec. 44 establish and implement new, more stringent requirements for the installation of eccentric reducers and relief valves on fire protection systems. Sec. 52 through Sec. 56 establish and implement new, more stringent requirements for fire alarm systems. The adopted regulation supersedes Executive Regulation 10-97.

ACTION: Executive Regulation 06-06, was approved by the County Council according to the Method 2 process, effective 11/28/06.

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 22-13. Method 2.

MCER NO. 7-06: ADOPTED FIRE AND RESCUE SERVICE REGULATION - Fire Safety Code - Building Construction

SUMMARY: This regulation adopts the 2003 edition of the National Fire Protection Association's Uniform Fire Code (NFPA 1) and Life Safety Code (NFPA 101), all associated NFPA codes or standards incorporated by reference, and the latest editions of certain other NFPA codes not incorporated by reference into NFPA 1 or NFPA 101 that appear in the Montgomery County Fire Safety Code. This regulation conforms to the Maryland State Fire Prevention Code (MSFPC) and reduces the burden on business owners, developers, and design professionals of working from multiple code editions.

Unless otherwise enumerated below, adopted changes to this regulation reflect reorganization changes made by the National Fire Protection Association to the model codes previously adopted pursuant to Section 22-13 of the Montgomery County Fire Safety Code. In all cases below, the Fire Chief has determined that an inimical hazard exists requiring regulations that exceed the minimum requirements
of the MSFPC (see Public Safety Article Section 6-206 establishing the State Fire Prevention Code as minimum requirements and authorizing local jurisdictions to adopt more stringent requirements). Whenever reference is made to NFPA 101, unless otherwise stated, the regulation may be applied retroactively, either prescriptively or through performance, to ensure life safety. Sec. 4 establishes and implements more stringent requirements than the MSFPC related to the installation of fire department access boxes on all structures except one and two-family dwellings. Sec. 5 amends out the requirement in the Life Safety Code (NFPA 101) for the retrofit of existing high-rise buildings with sprinkler systems in conformance with the MSFPC and establishes conditions for the development of a specific high-rise regulation providing for protection of existing high-rise buildings with engineered life safety systems. Sec. 9 amends out all references to NFPA 5000 in conformance with the MSFPC and substitutes the Montgomery County Building Code in accordance with Montgomery County law. Sec. 11 through Sec. 14 add definitions to Montgomery County Code to be consistent with the MSFPC. Sec. 15 through 17 establish and implement exiting and capacity requirements that are more stringent than those in NFPA 101 as adopted in the MSFPC. Sec. 24 establishes and implements new requirements for radio system coverage for new construction not addressed by the MSFPC. Sec. 25 provides the Montgomery County Fire and Rescue Service with new authority to order and provide a fire watch under certain conditions and assess the building owner or operator for costs. Sec. 26 and Sec. 33 establish and implement new requirements for fire alarm systems more stringent than those in NFPA 101 as adopted by the MSFPC. Sec. 29 establishes and implements new requirements for carbon monoxide detectors in new construction not addressed by NFPA 101 as adopted by the MSFPC. Sec. 39 establishes and implements non-water based extinguishing system requirements more stringent than those in NFPA 101 as adopted by the MSPFC. Sec. 43, Sec. 44, Sec. 46, and Sec. 47 establish and implement sprinkler requirements for certain assembly occupancies more stringent than those in NFPA 101 as adopted by the MSPFC. Sec. 55 establishes and implements client limits for family day-care more stringent than those in NFPA 101 as adopted by the MSFPC. Sec. 68 through Sec. 73 establish and implement miscellaneous requirements for residential occupancies more stringent than those in NFPA 101 as adopted by the MSFPC. Sec. 83 establishes and implements more stringent egress requirements than those in NFPA 101 as adopted by the MSFPC. The adopted regulation supersedes Executive Regulation 22-98AM.

ACTION: Executive Regulation 7-06, was approved by the County Council according to the Method 2 process, effective 11/28/06.

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 22-13. Method 2.

MCER NO. 19-06AM: ADOPTED DEPARTMENT OF PERMITTING SERVICES REGULATION - Non-Profit Organization Sign Permit and Sign Variance Fees

SUMMARY: This regulation establishes a process for the waiving or reduction of all required sign permit and sign variance fees for non-profit organizations.

ACTION: Executive Regulation 19-06AM, Non-Profit Organization Sign Permit and Sign Variance Fees
was approved by the County Council according to the Method 2 review process, effective December 12, 2006.

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 59-F-9.1(b)(2). Method 2.

COPIES OF THE REGULATION: A copy of the proposed regulation may be obtained from Reginald Jetter, Division Chief, Casework Management, Permitting Services, 255 Rockville Pike, 2nd Floor, Rockville, Maryland 20850; 240/777-6275; TTY 240/777-6256. Email: reginald.jetter@montgomerycountymd.gov

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