MONTGOMERY COUNTY MD

Montgomery County Register

May 1, 2016 Proposed Executive Regulations

Click the MCER NO. to view a copy of the executive regulation in its entirety.

MCER NO. 5-16: PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Contracts and Procurement-Health Insurance Preference

SUMMARY: The proposed regulation covers the Procurement Certification process for an Applicant to receive a procurement preference in consideration of its offer to provide services to Montgomery County. The Certification process establishes a business as a “Small Business With Health Insurance,” to be eligible for a Montgomery County Procurement preference.

COMMENTS: Written comments must be submitted by May 30, 2016, to Clark Beil, Department of Health and Human Services, Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, Maryland, 20850; 240-777-3831; Email: clark.beil@montgomerycountymd.gov.

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 11B-77(b). Method 2.

COPIES OF THE PROPOSED REGULATION: A copy of the regulation may be obtained from Clark Beil, Department of Health and Human Services, Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, Maryland, 20850; 240-777-3831; Email: clark.beil@montgomerycountymd.gov.

MCER NO. 7-16: PROPOSED DEPARTMENT OF PERMITTING SERVICES REGULATION
Fire Safety Code – Fire Protection Systems

SUMMARY: The proposed regulation adopts and modifies certain standards published by the National Fire Protection Association (NFPA) involved with the installation, testing and maintenance of certain fire protection systems as required by the Montgomery County Building Code, the Montgomery County Fire Safety Code, and the Maryland State Fire Prevention Code. The changes do not retroactively apply to unaltered existing buildings, existing systems or existing conditions permitted or approved before the date of adoption of this regulation, unless inimical or distinct hazard exists. The Department of Permitting Services has been delegated the authority by the Fire Chief (of Montgomery County Fire and Rescue Services) to adopt regulations pursuant to Chapter 22 of the Montgomery County Code in the cases of a new building, a new system, or new conditions. Existing buildings, existing systems, or existing conditions which are altered are subject to this regulation to the extent required by the Maryland Building Rehabilitation Code, the Montgomery County Fire Safety Code, and the Maryland State Fire Prevention Code. Unaltered existing buildings, existing systems, or existing conditions are not subject to this regulation where no inimical or distinct hazard exists. The proposed regulation would supersede Executive Regulation 19-13.

COMMENTS: Written comments must be submitted by May 31, 2016, to Hemal Mustafa, Department of Permitting Services, Building Construction, 255 Rockville Pike, 2nd Floor, Rockville, Maryland, 20850; 240-777-6226; Email: hemal.mustafa@montgomerycountymd.gov.

PUBLIC HEARING: A public hearing will be held on proposed Executive Regulation 7-16 on Thursday, May 19, 2016, at 1:00 PM, at 255 Rockville Pike, 2nd Floor, Rockville, Maryland, 20850. To testify at the public hearing contact Hemal Mustafa, Department of Permitting Services, Building Construction, at 240-777-6226

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

COPIES OF THE PROPOSED REGULATION: A copy of the regulation may be obtained from Teresa Nguyen, Department of Permitting Service, Director’s Office, 255 Rockville Pike, 2nd Floor, Rockville, Maryland, 20850; 240-777-6308; Email: teresa.nguyen@montgomerycountymd.gov.

MCER NO. 8-16: PROPOSED DEPARTMENT OF PERMITTING SERVICES REGULATION
Fire Safety Code – Building Construction

SUMMARY: The proposed regulation adopts the applicable editions of various National Fire Protection Association (NFPA) standards – most notably NFPA 1, Uniform Fire Code and NFPA 101, Life Safety Code – as adopted by the Maryland State Fire Prevention Code. These codes and the associated codes and standards incorporated by reference, are adopted to set the minimum requirements to establish a reasonable level of safety from the hazards created by fire, explosion, and dangerous conditions. The changes do not retroactively apply to unaltered existing buildings, existing systems or existing conditions permitted or approved before the date of adoption of this regulation unless inimical or distinct hazard exists. The Department of Permitting Services has been delegated the authority by the Fire Chief (of Montgomery County Fire and Rescue Services) to adopt regulations pursuant to Chapter 22 of the Montgomery County Code in the cases of a new building, a new system, or new conditions. Existing buildings, existing systems, or existing conditions, which are altered are subject to this regulation to the extent required by the Maryland Building Rehabilitation Code, the Montgomery County Fire Safety Code, and the Maryland State Fire Prevention Code. Unaltered existing buildings, existing systems, or existing conditions are not subject to this regulation where no inimical or distinct hazard exists. The proposed regulation would supersede Executive Regulation 20-13.

PUBLIC HEARING: A public hearing will be held on proposed Executive Regulation 8-16 on Thursday, May 19, 2016, at 1:00 PM, at 255 Rockville Pike, 2nd Floor, Rockville, Maryland, 20850. To testify at the public hearing contact Hemal Mustafa, Department of Permitting Services, Building Construction, at 240-777-6226

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

MCER NO. 12-16: PROPOSED DEPARTMENT OF ENVIRONMENTAL PROTECTION REGULATION
Water Quality Protection Charge

SUMMARY: The proposed regulation which amends Executive Regulation 16-14AM, modifies the Water Quality Protection Charge credit criteria and expands the timeframe for a property owner to appeal the denial of a request for a credit or adjustment of the amount of the charge billed to the property owner. The proposed regulation would supersede Executive Regulation 16-14AM. The Water Quality Protection Charge Credit Procedures Manual can be found online at: www.montgomerycountymd.gov/DEP/Resources/Files/downloads/WQPC_Credit_Manual.pdf.

COMMENTS: Written comments must be submitted by May 31, 2016, to Vicky Wan, Department of Environmental Protection, Director’s Office, 255 Rockville Pike, Suite 120, Rockville, Maryland, 20850; 240-777-7722; Email: vicky.wan@montgomerycountymd.gov.

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 19-35. Method 1.

COPIES OF THE PROPOSED REGULATION: A copy of the regulation may be obtained from Vicky Wan, Department of Environmental Protection, Director’s Office, 255 Rockville Pike, Suite 120, Rockville, Maryland, 20850; 240-777-7722; Email: vicky.wan@montgomerycountymd.gov.

MCER NO. 14-16: PROPOSED DEPARTMENT OF PERMITTING SERVICES REGULATION
Schedule of Fees for Permits, Licenses and Certifications

SUMMARY: The proposed regulation eliminates the Maryland National Capital Park and Planning Commission (MNCPPC) surcharge, replaces multiple construction-type based fee rates with a per square foot construction rate, or flat fees and eliminates the Fire Code Building Permit Inspection Fees. The proposed regulation includes Building Permit fees for electric vehicle charging stations and rooftop solar photovoltaic systems for single family dwellings as required by Bill 11-14, Buildings – Electrical Vehicle Charging Station Permits – Expedited Review and Bill 1-14, Buildings – Solar Permits – Expedited Review both of which were effective July 31, 2014. The fees for Benefit Performance Licenses and the fee for Storage of Vendor-Confiscated Goods have been moved to this regulation from Executive Regulation 15-13, Schedule of Fees for Permits, Licenses and Inspection – Method 3 (COMCOR No. 19.67.02). The proposed regulation would supersede Executive Regulation 14-13 in its entirety.

COMMENTS: Written comments must be submitted by May 31, 2016, to Gail Lucas, Department of Permitting Services, Building Construction, 255 Rockville Pike, 2 ^nd Floor, Rockville, Maryland, 20850; 240-777-6267; Email: gail,lucas@montgomerycountymd.gov.

PUBLIC HEARING: A public hearing will be held on proposed Executive Regulation 14-16 on Thursday, May 19, 2016, at 2:00 PM, at 255 Rockville Pike, 2 ^nd Floor, Seneca Conference Room, Rockville, Maryland, 20850. To testify at the public hearing contact Gail Lucas, Department of Permitting Services, Building Construction, at 240-777-6267

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 8-13, 8-14, 8-24B, 8-25, 17-2, 17-10, 17-20, 17-25, 17-27, 27A-5(E), 22-10, 22-13, 30-2, 30-4, 47-2, 47-3 and 47-4. Method 2.

MCER NO. 15-16: PROPOSED DEPARTMENT OF PERMITTING SERVICES REGULATION
Adoption of Automation Enhancement Fee

SUMMARY: The proposed regulation amends the automation enhancement fee collected for the costs of automation and technology systems and services from 5% of the regular fee to 0%. The proposed regulation would supersede Executive Regulation 13-13.

COMMENTS: Written comments must be submitted by May 31, 2016, to Hadi Mansouri, Department of Permitting Services, Director’s Office, 255 Rockville Pike, 2 ^nd Floor, Rockville, Maryland, 20850; 240-777-6233; Email: hadi.mansouri@montgomerycountymd.gov.

PUBLIC HEARING: A public hearing will be held on proposed Executive Regulation 8-16 on Thursday, May 19, 2016, at 1:30 PM, at 255 Rockville Pike, 2 ^nd Floor, Seneca Conference Room, Rockville, Maryland, 20850. To testify at the public hearing contact Hadi Mansouri, Department of Permitting Services, Director’s Office, at 240-777-6233

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 8-13, 8-24, 8-25, 8-28, 17-2, 17-10, 17-20, 17-25, 17-27, 19-6, 19-17, 19-30, 19-38, 19-45, 19-67, 22-13, 27A-5(e), 30-2, 30-11, 49-7 and 49-35. Method 2.

MCER NO. 16-16: PROPOSED DEPARTMENT OF PERMITTING SERVICES REGULATION

Schedule of Fees for Permits, Licenses and Inspections

SUM MARY: The proposed regulation simplifies several elements of the Department of Permitting Services fee structure; adjusts fees based upon functional analysis, provides additional flat fees including for utilities; moves payment of the balance of sediment control permit fee from second review to one year after permit issuance for certain sediment control permits; and, applies a rate stabilization factor to address revenue volatility and avoid excess reserves. The proposed regulation would supersede Executive Regulation 15-13 in its entirety.

COMMENTS: Written comments must be submitted by May 31, 2016, to Linda Kobylski, Department of Permitting Services, Land Development, 255 Rockville Pike, 2 ^nd Floor, Rockville, Maryland, 20850; 240-777-6346; Email: Linda.kobylski@montgomerycountymd.gov.

PUBLIC HEARING: A public hearing will be held on proposed Executive Regulation16-16 on Thursday, May 19, 2016, at 2:00 PM, at 255 Rockville Pike, 2 ^nd Floor, Seneca Conference Room, Rockville, Maryland, 20850. To testify at the public hearing contact Linda Kobylski, Department of Permitting Services, Land Development, at 240-777-6346

AUTHORIZATION AND PROCEDURAL METHOD: Montgomery County Code, 2004, Section 49-35, 19-6, 19-17, 19-30, 19-45, 19-67 and 27A-5(e). Method 3.

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