(a) Functions. The Department of Permitting Services is responsible for:
(1) reviewing building plans and specifications, building permits, occupancy permits, and licensing facilities for compliance with fire prevention law. In exercising these functions, the Director of Permitting Services may consult with the Fire Chief in all matters involving the interpretation, application, or revision of fire prevention laws and codes.
(2) code enforcement, inspection, and licenses (except where those functions are assigned by law to another department or agency), including:
(A) administering, interpreting, and enforcing the zoning law and other land use laws and regulations;
(B) administering, interpreting, and enforcing construction codes, and laws and regulations governing sediment control, stormwater management, floodplain management, special protection areas, and pond and excavation safety;
(C) issuing building, electrical, fire alarm, fire protection system, mechanical, stormwater discharge, and on-site water supply and sewage disposal permits;
(D) administering and enforcing agricultural preservation and historic resources laws and regulations; and
(E) administering and enforcing the fire safety code, pursuant to §
22-6(d).
(1) The County Executive must appoint, subject to confirmation by the Council, an Advisory Committee for the Department. The Committee consists of 11 voting members and 6 ex-officio, non-voting members. Each voting member must be appointed for a 3-year term and serves until a successor is confirmed. The Executive must from time to time designate one voting member as chair and one as vice-chair.
(2) Of the 11 voting members:
(A) 5 must be members of the regional service center advisory boards, with one member from each center’s board;
(B) 2 must be active members of civic organizations in the County;
(C) 2 must be active members of environmental organizations in the County; and
(D) 2 must be active in land development or related professions.
(3) The ex-officio, non-voting members must be nominated respectively by the Director of Environmental Protection, the Director of Housing and Community Affairs, the Director of Transportation, the Fire Chief, the Planning Board, and the Washington Suburban Sanitary Commission.
(4) The Committee must advise the Department on the performance of its functions and recommend to the Director, the Executive, and the Council any steps necessary to improve the Department’s performance. The Committee must meet at the call of the chair as often as required to perform its duties, but at least 4 times a year. Section 2-148(c) does not apply to ex-officio members. The Director must assign staff as the Committee needs to perform its duties. (1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; , § 1; , §§ 1 and 2; , § 1; , § 1; , § 1.)
Editor’s note—See County Attorney Opinion dated regarding the responsibilities of the Department of Permitting Services.
, § 2, states: Transition.
(a) Regulations. Any regulation in effect when this Act takes effect that implements a function transferred to the Department of Permitting Services or the Director of the Department of Permitting Services under Section 1 of this Act continues in effect, but any reference in any regulation to the Montgomery County Fire and Rescue Services or the Fire Chief from which the function was transferred must be treated as referring to the Department of Permitting Services and the Director of the Department of Permitting Services to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
(b) Responsibilities and rights. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Montgomery County Fire and Rescue Services or the Fire Chief in connection with a function, duty or authority transferred under Section 1 of this Act is transferred to the Department of Permitting Services and the Director of the Department of Permitting Services.
, § 3, states: Expedited Effective Date. The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date on which it becomes law (September 28, 2016). The amendments made in Section 1 apply retroactively to July 1, 2016.
, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
, § 4, states: Of the voting members initially appointed to the Advisory Committee created by Section 2-42B, as amended by Section 1 of this Act: (a) 3 must be appointed to 1-year terms; (b) 4 must be appointed to 2-year terms; and (c) 4 must be appointed to 3-year terms.
