(a) Action on application. The Director must examine or cause to be examined each application for a building permit or an amendment to a permit within a reasonable time after the application is filed. If the application or the plans do not conform to all requirements of this Chapter, the Director must reject the application in writing and specify the reasons for rejecting it. If the proposed work conforms to all requirements of this Chapter and all other applicable laws and regulations, the Director must issue a permit for the work as soon as practicable.
(1) A building permit is invalid if:
(A) an approved inspection, as required by this Chapter, is not recorded in the Department's inspection history file within 12 months after the permit is issued and a second approved inspection is not recorded in the Department's inspection history file within 14 months after the permit is issued; or
(B) the authorized work is suspended or abandoned for a period of 6 months.
(2) The Director must extend a permit for 6 months if the permit holder, before the permit expires, files a written request for an extension and pays an extension fee equivalent to the minimum fee then applicable to the original permit. Except as provided in paragraph (3), the Director must not grant more than one extension per permit under this subsection.
(3) For any building located in an enterprise zone, the Director may extend a permit for additional 6-month periods if the permit holder:
(A) shows good cause for each extension;
(B) requests an extension in writing before the permit expires; and
(C) pays the fee specified in paragraph (2).
(d) Signature to permit. The director or his authorized representative shall attach his signature to each permit issued.
(e) Approved plans. The director shall stamp or endorse in writing both sets of corrected plans "approved" and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection of the director or his authorized representative at all reasonable times.
(f) Approval in part. The director may issue a permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building have been submitted; provided, that adequate information and detailed statements have been filed complying with all the pertinent requirements of this chapter. The holder of such permit for the foundations or other part of a building or structure shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.
(g) Posting of permit and site plans. The building permit or a true copy thereof and a copy of the building or other plans covered by the permit shall be kept on the site of operations open to inspection by the department, fire or police officials, in the course of their duties, during the entire time the work is in progress and until its completion.
(h) Notice of start and other inspections. At least twenty-four (24) hours' notice of start of work under a building permit shall be given to the department unless this requirement is waived in the building permit.
At least twenty-four (24) hours' notice shall be given the department for inspection of footings, concrete reinforcement, fire stopping and similar details before they are covered up. (1975 L.M.C., ch. 1, § 3; 1985 L.M.C., ch. 41, § 2; 1986 L.M.C., ch. 55, § 3; 1990 L.M.C., ch. 41, § 1; CY 1991 L.M.C., ch. 28, § 1; CY 1991 L.M.C., ch. 46, § 1; 1998 L.M.C., ch. 17, § 1; , § 1; , §§ 1 and 2.)
Editor's note—Section 8-25 is quoted in Evans v. Burruss, 401 Md. 586, 933 A.2d 872 (2007). The provision of § 8-25(b) invalidating a building permit which is not used for 6 months is mentioned in connection with a discussion of Montgomery County's growth policy in P. J. Tierney, Maryland's Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 236. See County Attorney Opinion dated regarding enforcement of the forest conservation law.
2002 L.M.C., ch.35, § 3, states: Expiration. Section
8-25(b)(3) amended by Section 1 of this Act, expires on December 31, 2006. Any building permit extended under authority of Section
8-25(b)(3) expires on that permit’s expiration date.
