# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc. ## Chapter 44. Schools and Camps. ### Article III. Private Schools and Recreational Camps. #### Division 1. Licensing and Regulation of Private Schools Generally. **Sec. 44-17. Definitions.** For the purposes of this Division, the following words and phrases have the following meanings: Director; Department: The term "Director" means the Director of the Department of Health and Human Services, and the term "Department" means the Department of Health and Human Services. License: The term "license" refers to the permission extended by the County to a private educational institution to occupy and use specified buildings and premises for educational purposes upon compliance with this Article. Private educational institution: The words "private educational institution" shall mean every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic training; but, such term does not include: (a) Any private educational institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any place other than a two-family dwelling or multi-family dwelling where instruction is carried on by a single teacher or instructor and where not more than 5 students are under instruction at any one time. **Sec. 44-18. Requirements as to licenses generally.** (a) Required. No building or premises shall be occupied or used in whole or in part as a private educational institution within the county after July 1, 1950, until an annual license shall have been granted for such occupancy and used by the director, nor shall any such building or premises be so occupied and used after such license has expired or has been revoked or suspended. (b) Application; information to be shown. Before an annual license for a private educational institution shall be issued by the director, an application for such license shall be made by the owner, his agent, or the managing director of such institution to the department setting forth the name and address of the private educational institution, the classification of such institution, the name of the director or headmaster of the institution and such other information as the department may require for the purposes of this division. (c) Compliance with zoning regulations required. No license shall be issued to any private educational institution the location of which violates the zoning ordinance. If any such private educational institution is required by the zoning ordinance to obtain a special exception from the appropriate board of zoning appeals, the director shall not issue a license to such institution until such special exception has been obtained. (d) Certificates required. No initial annual license for a private educational institution shall be issued under this article by the director unless the following certificates have been filed with the department not more than sixty (60) days prior to the issuance of such license: (1) A certificate from the department stating that the building to be occupied or used by such private educational institution is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes. (2) A certificate from the fire marshal for the county stating that such buildings are in compliance with the fire prevention code of the county. (3) A certificate from the director stating that the building to be occupied or used by the private educational institution and the premises on which such building is located have adequate and sanitary toilet and sewerage facilities for the purpose for which such building and premises are proposed to be used, that the water and sewerage facilities in the kitchens, dormitories and bathrooms are sufficient, suitable and safe for the purposes for which they are to be used, and that the private educational institution is in compliance with the regulations of the county board of health and conforms to such other requirements as may be prescribed by the director of the department for the public health, safety, comfort, morals and welfare. **Sec. 44-19. Renewal of licenses.** Every private educational institution within the county shall, on or before May 1 of each year, make application to the department for renewal of the annual license required by this division. Before an annual license for a private educational institution shall be renewed by the director under the authority of this division, the director shall have received, within sixty (60) days prior to renewing any such license, certificates similar to those prescribed in subsection (d) of section 44-18. **Sec. 44-20. License void upon change of location, etc.** Whenever a private educational institution changes its location the current license held by such institution under this chapter shall automatically become void. Such institution shall, before changing its location, make application for a new license to the department. Section 44-18 shall be complied with before such new license shall be issued by the director. There shall be no fee for such new license. **Sec. 44-21. Transfer of license.** No license issued under this division shall be transferable. **Sec. 44-22. License fees.** Annual fees for licenses issued under this division shall be of such an amount as the county executive, by regulation adopted under method (3) of section 2A-15 of this Code, may set from time to time. The fees shall not exceed the cost of inspection and issuing the permits for the various establishments regulated by this chapter. The permit fee so fixed shall be submitted with the application and is not refundable in whole or in part unless the application is withdrawn prior to an inspection of the premises by the director of the department or his/her authorized agent. If the application is withdrawn prior to the inspection, the entire permit fee shall be refunded. **Sec. 44-23. Expiration of license.** All annual licenses issued under this division shall expire on October 15 of the year for which they are issued except as provided in section 44-24. When a valid application for license renewal has been properly filed and the existing license has not been suspended, revoked or denied by the department, the existing license shall continue in effect for not more than one hundred eighty (180) days pending formal action by the department on the renewal request. **Sec. 44-24. Procedure for issuance, etc., of license.** (a) Investigations and inspections. Upon receipt of an application for an annual license under this division or for renewal of an annual license, the director shall make or cause to be made all investigations and inspections required by this article. Upon conclusion of all such investigations and inspections, the director shall either issue or renew such license or deny the application therefor within sixty (60) days after the date of the filing of the application or as soon thereafter as practicable; provided, that where an application for renewal of an annual license has been filed on or before May 1 as provided for in section 44-19 and the director has neither approved nor disapproved such application by the following July 1, the current license shall remain in full force and effect until the director either approves or disapproves the application for renewal. (b) Notice of corrective measures to be taken before license issued; failure of applicant to comply. If, upon the completion of all investigations and inspections referred to in the preceding subsection, the director finds that a private educational institution for which a license under this division is requested is not in compliance with the requirements of this article, he shall within ten (10) days after making such a finding cause to be served on the director or headmaster of the institution concerned written notice of such fact and shall in such notice advise him of the necessary corrective measures to be taken before a license will be issued. The director may, in such notice, direct the applicant to appear before him in not less than ten (10) days from the date of service of such notice to show cause why the license should not be denied. If the applicant for such license shall fail to show cause as directed in such notice or shall fail to take the corrective steps specified therein, the director may refuse to issue or renew such license as the case may be. (c) Service of orders and notices. All orders and notices issued by the director under this division shall be served on the person to whom they are directed either by mail or by personal delivery to such person. If such person cannot be found in the county, service by personal delivery shall be made on the next immediate subordinate of such person who is at the time in charge of the private educational institution. If no such person can be located, service shall be made by publishing such notice at least once a week for two (2) successive weeks in a newspaper of general circulation published within the county. (d) Revocation and suspension of license; notice. The director may revoke or suspend any license issued under this division upon finding that any private educational institution is in violation of any provision of this division. Any such revocation or suspension shall be by written order directed to and served upon the director or headmaster of the private educational institution concerned in the manner prescribed in the preceding paragraphs. Any such notice of revocation or suspension shall require the holder of the license to appear and show cause why the license should not be revoked or suspended before the director in the manner provided in this division. **Sec. 44-25. Right of appeal from denial, revocation or suspension of license.** In the event that any person is aggrieved by a denial revocation or suspension of a license required by this division, such person may appeal from the action of the director to the county board of appeals within twenty (20) days after service of notice of such action. Upon receiving such request the county board of appeals shall, after due notice to all interested parties within thirty (30) days after the filing of such report, hold a hearing thereon and either affirm, rescind or modify such order within thirty (30) days after the hearing has been held; provided, that the county council may by resolution entered on its minutes extend either of such periods of time. No private education institution for which a license or renewal of a license has been denied or whose license has been revoked or suspended by order of the department shall occupy or use for education or training purposes the building and premises to which the license applies after such order of denial has been affirmed on appeal to the county board of appeals or after the time to appeal has expired. **Sec. 44-26. Responsible adult person to be in charge at all times.** Every private educational institution shall, at all times when students are present upon the premises of such school, maintain a responsible adult person in charge of such students. **Sec. 44-27. Students working in laboratories, etc., where dangerous or explosive materials used.** No students under the age of eighteen (18) years shall at any time be allowed to work in any science laboratory or any other place in a private educational institution wherein open flames, inflammable materials or any other kind of dangerous or explosive material is used unless an adult person in charge shall be in attendance. **Sec. 44-28. Right of entry of county officials.** For the purpose of enforcing this division, the director, the county fire marshal, the director of the county police and such subordinate officials as may be expressly designated by the above-named county officials shall, upon exhibiting the proper credentials or proof of identity, have the right to enter any building, structure or premises of a private educational institution, except the living quarters of staff members of any private educational institution without the consent of the occupant, at any time during business or operating hours, and at such other times as may be necessary in an emergency that endangers health, life or property. **Sec. 44-29. Administration and enforcement of division-Generally.** The director is hereby authorized and directed to administer and enforce the provisions of this division. **Sec. 44-30. Same-Department heads to provide assistance and services.** All department heads in the county government are hereby authorized and directed to provide such assistance and services as may be required by the director for the purpose of enforcing this division. **Sec. 44-31. Violations and penalty.** Any person in charge of any private educational institution who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day during which such violation shall continue shall be deemed a separate offense.