Section 8A-8(b)(2) of the Montgomery County Code, as amended, requires that application filing fees be established by Executive Regulation. Section 8A-29 (b)(4) states that the Executive Regulation on application filing fees must be adopted under Method (3). The application filing fees shall be as follows: Type of Application Amount 1. Grant of a New Franchise a. Regular Franchise $25,000.00 b. Limited Franchise (i) 100 homes or more $ 8,500.00 (ii) Less than 100 homes $ 3,000.00 2. Renewal of a Franchise a. Formal Procedures provided for in the federal Cable Act. $25,000.00 b. Informal Procedures provided for in the federal Cable Act. $25,000.00 3. Modification of a Franchise 47 U.S.C. 545 Modification (Section 625 of the federal Cable Act) $10,000.00 per modification 4. Transfer of a Franchise a. Transfer or Assignment of a Franchise, or Transfer of Control of a Franchise $10,000.00 b. Transfer of an Interest in a Franchise of 25-49% $ 1,500.00 This regulation becomes effective 30 calendar days after the deadline for comments in the Register.

In accordance with Section 531(d) of the federal Cable Communications Policy Act of 1984, the franchisee may request permission from the franchisor to use on an interim basis any unused public, educational, or government access (PEG) channel(s), either on the subscriber network or the institutional network, provided the franchisee complies with the following requirements: a. The franchisee must fully utilize all of its channel capacity prior to applying to the franchisor for use of any PEG channel. b. The franchisee must submit an application to the franchisor for the use of PEG channels stating: i. the number of PEG channels requested; ii. the period of time per day per channel requested for use; iii. the duration of franchisee use for each requested PEG channel; iv. the intended use of each requested PEG channel; v. the current usage and planned usage (for the duration of the requested PEG channel use) of all of the franchisee's channel capacity; vi. the reasons why utilizing a PEG channel is more desirable than substituting the proposed programming on one of the franchisee's channels, or combining the proposed programming in a shared manner on one of the franchisee's channels; vii. how use of the PEG channel(s) for the proposed purpose(s) serves the public interest. The franchisee must also provide any other information requested by the franchisor in reference to the franchisee's application. The franchisee must submit the application in as many copies as the franchisor determines necessary for distribution to appropriate parties. c. If the franchisee is requesting use of one or more of the channels designated for the City of Rockville, the City of Takoma Park, or the Montgomery County Chapter of the Maryland Municipal League (hereinafter referred to as the Municipal League), the application specified in b above must also be filed with Rockville, Takoma Park, and/or the Municipal League (whichever are affected) for their action. The County may not grant the franchisee interim use of the Rockville, Takoma Park, or the Municipal League channel if the affected municipality or the Municipal League is using its channel or has plans to do so within 12 months of the application filing date. d. The franchisor must provide 30 days public notice in a newspaper of general circulation in the County of the franchisee's application under this section, make the application available for public inspection, and permit the filing of written public comments within such time period. The franchisor may schedule a public hearing as it deems necessary. e. The County Executive must make a decision on the franchisee's request within 90 days of receipt of a complete application. f. The franchisor may approve, approve with conditions, or deny the franchisee's request for use of PEG channels based on, but not limited to, the following considerations: i. Any identified Plans for future use of any unused PEG channels within 12 months of the application filing date; ii. Franchisor determination whether such use is in the public interest; iii. The comments of any affected municipality or the Municipal League; or iv. Any other relevant information raised during the application review process. g. If during the term in which a PEG channel is assigned to the franchisee for interim use, the franchisor determines that the PEG channel is needed to accommodate PEG requirements, the franchisor must issue a written notice to the franchisee identifying the PEG channel(s) it proposes to reclaim, specifying the planned use of the channel(s) and the date when the franchisor proposes to reclaim the channel(s), which date must be no earlier than 120 days from the date of the franchisor's notice. The franchisee must relinquish the use of any such PEG channel on the date specified by the franchisor. h. At the expiration of the term under which any PEG channel is assigned to the franchisee for interim use, the franchisee may submit another application for its use. This application will be considered by the franchisor as a new application consistent with all the provisions of this Regulation. a. A public, educational. or governmental agency or organization desiring use of an unused PEG channel not previously assigned by Section 30 (B) of the Franchise Agreement must also request permission from the franchisor by submitting an application containing the following information: i. the number of PEG channels requested; ii. the period of time per day per channel requested for use; iii. the intended use of the requested PEG channel(s); iv. how use of the PEG channel(s) for the proposed purpose(s) serves the public interest. b. The franchisor may approve, approve with conditions, or deny the public, educational, or governmental agency's request for use of PEG channels based on, but not limited to, the following considerations: i. any identified plans for future use of any unused PEG channels; ii. franchisor determination whether such use is in the public interest; iii. consistency with any County-Municipal Agreements; or iv. any other relevant information raised during the application review process. c. The requesting PEG agency or organization must also provide any other information requested by the franchisor in reference to the application. The requesting agency must submit the application in as many copies as the franchisor determines necessary for distribution to appropriate parties. d. The County Executive must make a decision on the PEG Agency or organization's request within 90 days of receipt of a complete application. This regulation becomes effective 30 days after approval by the County Council.

(a) Mediation Availability Mediation may be requested by the Complainant or Respondent at any time, or may be recommended by the Staff at any time, or may be recommended, ordered or terminated by the Hearing Panel or Panel Chairperson at a Prehearing Conference. (1) Staff should inform Complainant and Respondent of the availability for Mediation at the earliest opportunity. (2) In order for a party to request mediation, it must submit a written request to the Staff. The Staff will then notify all other parties of the filing and of the mediation session. (3) The Commission will arrange for a qualified mediator to meet with the parties within thirty (30) days after a party requests mediation to attempt to settle the dispute. (4) If any party refuses to attend a mediation session, or if mediation does not successfully resolve the dispute within ten (10) days after the first mediation session is held, the Staff must promptly refer the case to the Commission to schedule a hearing, if appropriate, unless a hearing has already been held. (b) Mediation Process (1) Mediation will consist of one or more meetings between the parties and their representatives, if any. (2) Such meetings will be monitored by, presided over, and directed by a mediator. (c) Mediator (1) The mediator may meet with all parties, or separately with one or more parties. (2) The mediator may provide factual information and analysis to the parties. (3) The mediator may inform the parties of applicable law and Commission decisions related to the issues raised in mediation. (a) Staff Duties (1) The Staff will serve complaint forms upon request. (2) The Staff will provide each party with a copy of these procedures and an introductory explanatory letter, and will inform each party of the opportunity for a hearing or mediation. (3) The Staff may investigate facts, assemble documents, and summarize the issues in dispute. The Staff may notify a party if a dispute was not properly filed. (4) The Staff will inform all parties of the time when the Commission will consider jurisdiction of the case which will be not later than the first Commission meeting which is ninety (90) days after the filing of the Complaint. (5) The Staff will serve notice to all parties of the Commission’s vote regarding jurisdiction as soon as possible after the vote. (b) Commission Duties (1) The Commission, in its discretion, may dismiss a dispute if it finds that there are no reasonable grounds to conclude that a violation of applicable law or any other agreement has occurred. See Section 10B-11 of the Montgomery County Code. The Commission may reconsider such dismissal if a request to reconsider is filed within thirty (30) days showing either that the Commission mistakenly interpreted or applied relevant law or an association document, or that material issues of fact remain unresolved. (2) The Chairperson of the Commission will select a Hearing Panel or designate a Hearing Examiner, and set a hearing date as soon as reasonably possible after the mailing of the notification to the parties of the acceptance of jurisdiction. The Hearing Panel will consist of two voting members of the Commission, and a Panel Chairperson (selected by the two voting members from a Commission-approved list of Panel Chairpersons), in accordance with Section 10B-12 of the Montgomery County Code. (c) Process (1) A copy of all correspondence and pleadings filed by a party, including attachments, shall be served on the opposing party. (a) Complaint Any party may file an action by completion and submission of the complaint form provided by the Staff and the payment of any fee indicated by the Staff, as approved by the Commission. See Section 10B-9 of the Montgomery County Code for filing of disputes. (b) Response (1) Any party named as a Respondent in the Complaint must be served a copy of the Complaint by the Complaining Party. Within thirty (30) days of service, the Respondent must file a Response to the Complaint with the Staff, and serve a copy on the Complainant. (2) If the Staff does not receive the Response, the Commission may grant the relief requested by the Complaint, or take such other action provided herein. (c) Request for Relief of Stay (1) A party may submit an expedited request to lift the stay provided for in Section 10B-9(e) of the Montgomery County Code. (2) Such request may be heard by a panel appointed pursuant to 10B.06.01.02(b)(2) herein. (a) General (1) In any proceeding, any party may serve a Request for Production of Documents and Interrogatories, in accordance with these rules, upon any other party. (2) Any discovery dispute shall be presented at the Prehearing Conference. (See 10B.06.01.06(a)(1) regarding Prehearing Conference.) The Panel Chairperson may request that the Commission compel the Production of Documents, as provided herein. (b) Requests for Production of Documents (1) The Request for Production must be limited to twenty (20) individual requests and may only be made of documents not otherwise available to or in the control of the requesting party, or not available in the public record. (2) Each party served with a Request for Production must file a Response to the Production Request with a copy to the Staff. The Response to the Request for Production must state whether the documents requested are in the control of the party responding. A copy of the response not in the documents must be sent to the Staff. (3) The inspection must take place at a reasonable and convenient time to both parties. (4) Copies of documents selected by the requesting party at the inspection must be provided by the responding party to the requesting party at the requesting party’s expense within five (5) days of the inspection. (c) Interrogatories (1) Any party, with approval of the Panel Chairperson, may submit Interrogatories which are ten (10) or fewer in number, including subparts, to the other parties. (2) The Response must repeat the Interrogatory and then provide the Answer. (3) Both the Interrogatories and the Answers to Interrogatories must be sent to the Staff. (d) Depositions Upon a showing of good cause, the Panel Chairperson may order the taking of depositions and the issuance of subpoenas. (e) Time (1) The Request for Production of Documents and Interrogatories must be served upon the other party within fifteen (15) days of the date of sending the notice of the jurisdictional decision by the Commission, with a copy sent to the Staff. (2) The Response to the Request for Production of Documents and Interrogatories must be served within fifteen (15) days of the mailing of the Request for Production of Documents and Interrogatories. (a) Pursuant to 10B.06.01.02 and 10B.06.01.03 above, and pursuant to Section 10B-10 of the Montgomery County Code, the Commission may issue summonses to compel the attendance of witnesses and parties and the production of documents, records and other evidence. (b) The summons may be enforced by: (a) The County Attorney, on behalf of the Commission; or (b) the issuance and enforcement of a citation for failure to comply with the summons, which constitutes a Class A violation. A Class A violation carries a fine of up to $500 for each day the noncompliance continues. (c) Any court with jurisdiction may, on request of the Commission, in accordance with State law and the Maryland Rules of Procedure: (1) require compliance with a summons; (2) require the attendance of a named person before the Commission at a specified time and place; (3) require the production of records, documents, or other evidence to the court; or (4) prohibit the destruction of any records, documents, or other evidence until a lawful investigation by the Commission is ended. (d) A court may punish any disobedience of any order entered under this Section as a contempt of court. (a) General (1) In any case scheduled for a Hearing before a panel, the Panel Chairperson may, as he/she deems appropriate, hold a Prehearing Conference. All parties must be present at the Prehearing Conference unless the Panel Chairperson orders otherwise. (2) The Panel Chairperson may require that each party file with the Commission and serve on every other party a Prehearing Statement in the form prescribed by Subparagraph (b) of this Section. (3) As soon as practicable following the final Prehearing Conference, the Panel Chairperson will enter a final Prehearing Order which will govern the hearing of the case. The final Prehearing Order may incorporate, in whole or in part, the parties’ Prehearing Statements. Objections to the final Prehearing Statement must be made promptly and will be determined by the Panel Chairperson prior to the Hearing. Thereafter, no departures from the final Prehearing Order will be permitted except in the judgment of the Hearing Panel, to prevent manifest injustice. After the issuance of the Prehearing Order, the Staff will send the Prehearing Order, the Prehearing Statement and all exhibits to all Panel Members. (b) Prehearing Statements (1) A party’s Prehearing Statement should contain the following: (a) a short statement of the case; (b) a statement of claims made by the Complainant; (c) a statement of defenses raised by the Respondent; (d) a list of witnesses to be called by the party; (e) a list of exhibits to be offered in evidence by the party; (f) an itemization of damages the Complainant seeks to recover; and (g) a request for other relief sought by the Complainant, including attorney’s fees if applicable. (2) The list of witnesses should set forth the full names, addresses, and telephone numbers of all witnesses the party intends to call if not earlier called by another party; a brief description of the testimony to be elicited from the witness; and an estimate of the time the party will take in eliciting such testimony. Expert witnesses should be designated by an asterisk. A party need not list any witness from whom it expects to elicit testimony only by way of cross-examination. (3) The list of exhibits must set forth a description of each exhibit the party intends to offer in evidence. (4) Exhibits should be listed by title and date. Exhibits will be presumed to be authentic unless objection to their authenticity is made at or before the final Prehearing Conference and the objection is sustained. (5) The itemization of damages must set forth separately each element of damage, and the monetary amount thereof, the party claims to be entitled to recover from any other party, including prejudgment interest, punitive damages, and attorney’s fees, if any. (6) The request for other relief must set forth all relief, other than judgment for a sum of money, the party claims to be entitled to receive against any other party. (a) “Service” or “Serve” as used in these rules means delivery by mail, or by hand delivery. (b) Where mail is used for service, an additional three days will be added to the time in which the served party must respond. (a) When the time for any action ends on a Saturday, Sunday, or “State Holiday,” the time will be deemed extended to the next business day. (b) Within fifteen (15) days of the mailing of notice to parties setting the hearing date, the Staff may reschedule the hearing after receipt of an unopposed request. (c) Except as otherwise prohibited herein or by law, upon request of a party or the Staff, for good cause shown the Panel Chairperson may extend the time for performance of any act hereunder. (d) Settlement (1) Notwithstanding any limitations provided above, within twenty-four (24) hours of the hearing time, the Panel Chairperson may grant a continuance of the hearing upon joint request stating that the parties are close to settlement. (2) The Panel Chairperson may delay the beginning of the hearing for one hour for the purposes of ongoing settlement discussions. (3) At the conclusion of the delay period, the Panel Chairperson may continue the hearing upon joint request of the parties, or the hearing shall proceed as scheduled. (4) At the hearing, the Panel Chairperson will set a new date for the parties to reconvene if a continuance of the hearing is granted or if an additional session is required. (a) Hearing Panel’s Retention of Jurisdiction (1) In any dispute decided by a Hearing Panel under Sections 10B-8 — 10B-15 of the Montgomery County Code, the Hearing Panel may retain jurisdiction over the dispute for the purpose of ensuring that the relief granted by the Hearing Panel is completed by the appropriate party. (2) In any decision rendered by a Hearing Panel in which the Hearing Panel desires to retain jurisdiction, such decision must specifically state that the Hearing Panel is retaining jurisdiction over the dispute to ensure that the relief granted is completed in accordance with the Hearing Panel’s decision. (3) While a hearing panel has jurisdiction over a dispute, it may: (a) issue any further order it deems necessary and proper to effectuate a resolution of the dispute and a party’s completion of the relief granted; (b) delegate the authority to the Chairperson of the Hearing Panel to issue a further order deemed necessary and proper to effectuate a resolution of the dispute and issue clarifications of the Hearing Panel’s decision if such clarifications are required and deemed necessary. (c) keep the record of the dispute open for a stated period of time or indefinitely, as appropriate, at the discretion of the Chairperson of the Hearing Panel, for the receipt of additional documents, when necessary to complete the record of the dispute. (4) While a Hearing Panel has jurisdiction over a dispute, the time period to file for judicial review of the decision in accordance with Section 2A-11 of the Montgomery County Code shall be stayed from running. (b) Hearing Panel’s Issuance of Final Order (1) Upon a party’s completion of the relief granted by a Hearing Panel, the Hearing Panel who has retained jurisdiction over a dispute must issue an order specifically stating: (a) that the relief granted has been completed by the appropriate party; and (b) that the Hearing Panel is no longer retaining jurisdiction over the dispute. (2) The Hearing Panel’s decision to issue an order stating that it is no longer retaining jurisdiction over a dispute and that the relief granted has been completed will be final and subject to judicial review in accordance with Section 2A-11 of the Montgomery County Code. (c) Rehearing and Reconsideration Requests for rehearing and/or reconsideration are permitted and are governed by Section 2A-10(f) of the Montgomery County Code. The concurrence of a majority of the members of the hearing panel shall be required to grant such a request. The provisions of this regulation are severable and if any provision, clause, sentence, section, word, or party is held illegal, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability will not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts of this regulation or its application to other persons or circumstances.

The County Executive may establish reasonable fees in amounts sufficient to fund the provision of dispute resolution and technical assistance. These fees may include fees for services. A Dispute Filing Fee is hereby established as follows: 1. There shall be a dispute filing fee of $50 for each dispute filed under the provisions of Article 2 of Chapter 10B of the Montgomery County Code. 2. The filing fee shall be paid by the individual filing the dispute at the time the dispute is filed with the Department of Housing and Community Affairs. 3. Filing fee checks should be made payable to Montgomery County, Maryland. The annual registration fee is $6.50 per unit. A unit must be assessed only one registration fee by the Department, regardless of the number of common ownership communities that govern that unit. Registration fees must not be pro-rated and must be made payable to Montgomery County, Maryland on an annual basis. All fees are an annual registration fee and must be paid at the time of application and each subsequent annual renewal.

This Executive Regulation is authorized by Montgomery County Code 2004, as amended, Section 11-4A. This regulation sets forth customer service standards that must be met by a Merchant that provides Internet Access Service to consumers in the County using any facility that the merchant controls and that is located in the County’s Public Rights-of-Way. In addition, a Merchant that offers internet access service in the County must satisfy any additional or stricter requirements established by FCC, a franchise agreement, or other applicable federal, state, or local law, as the same may be amended from time to time. Nothing in this regulation relieves a Merchant who is a cable operator of its obligation to comply with any other applicable law. The definitions contained in Chapter 11 of the Code are incorporated herein. In addition, the following definitions apply to this regulation. (1) Internet Access Service or Service: The provision of internet access to a consumer using facilities that are controlled by a Merchant and that are located in the County’s Public Rights-ofWay. (2) County: Montgomery County, Maryland. (3) Normal Business Hours: Those hours during which most similar businesses in the community are open to serve customers. In all cases, Normal Business Hours must include some evening hours at least one night per week and/or some weekend hours. (4) Normal Operating Conditions: Those service conditions which are within the control of the Merchant. Those conditions which are not within the control of the Merchant include, but are not limited to: natural disasters; civil disturbances; power outages; telephone network outages; severe or unusual weather conditions or malicious electronic attacks on the Internet infrastructure, such as denial of service, attacks and the unforeseeable failure of equipment or software not owned, leased, or licensed by the Merchant that provides access to the Internet; and violations of Consumer agreements by the Consumer that create or cause the condition. Those conditions which are within the control of the Merchant include, but are not limited to: special promotions; rate increases; regular peak or seasonal demand periods; and maintenance or rebuild of the Cable System. (5) Public Rights-of-Way: The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, or similar property within the County which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining facilities. No reference herein to a Public Right-of-Way shall be deemed to be a representation or guarantee by the County that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a Merchant shall be deemed to gain only those rights to use as are properly in the County and as the County may have the right and power to give. (6) Service Interruption or Interruption of Service: The loss of Internet Access Service. (7) System Outage or Outage: A Service Interruption affecting more than ten (10) Consumers, as reported by the Consumers, or as otherwise becomes known or should be known through the exercise of ordinary due diligence to the Merchant, in the same serving area. (a) Installations, Connections, and Other Merchant Services. (1) Standard Installations. Except as federal rate regulations may otherwise require, the Merchant shall not assess a Consumer any cost other than a standard installation charge for service drops of one hundred seventy-five (175) feet or less, to the primary outlet, unless the Merchant demonstrates to the County’s satisfaction that extraordinary circumstances justify a higher charge. Except as applicable law may otherwise require, where a drop exceeds one hundred seventy-five (175) feet in length from the nearest Public Right of Way, the Merchant may charge a Consumer an additional charge for any drop up to four hundred (400) feet long. (2) Location of Drops. The Consuer’s preference as to the point of entry into the residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible. The Merchant shall use due care in the process of installation and shall restore the Consumer’s property to its prior condition. Such restoration shall be undertaken as soon as possible after the damage is incurred and shall be completed within no more than thirty (30) days after the damage is incurred. (3) Non-standard Installations. In locations where the Merchant’s System must be underground, drops must be placed underground as well. Except as federal law may otherwise require, in any area where the Merchant would be entitled to install a drop above-ground, the Merchant will provide the homeowner the option to have the drop installed underground if requested, but may charge the homeowner the difference between the cost of the above-ground installation and the cost of the underground installation. (4) Delinquent Accounts. The Merchant shall use its best efforts to collect on delinquent Consumer accounts before terminating service. In all cases, the Merchant shall provide the customer with at least ten (10) working days written notice, with the telephone number to call to arrange payment or to resolve disputes, prior to disconnection. (b) Telephone and Office Availability. (1) Each Merchant shall maintain an office at a convenient location in the County that shall be open during Normal Business Hours to allow Consumers to request service, pay bills, and conduct other business. (2) Each Merchant will maintain at least one local, toll-free or collect call telephone access line which will be available to Consumers 24 hours a day, seven days a week. Trained representatives of the Merchant shall be available to respond to Consumer telephone inquiries during Normal Business Hours. (3) Under Normal Operating Conditions, the following standards shall be met by the Merchant at least seventy five (75) percent of the time, measured quarterly. (A) Telephone answering time shall not exceed thirty (30) seconds, and the time to transfer the call to a customer service representative (including hold time) shall not exceed an additional thirty (30) seconds. (B) A customer will receive a busy signal less than three percent (3%) of the time. (C) When the business office is closed, an answering machine or service capable of receiving and recording service complaints and inquires shall be employed. Inquiries received after hours must be responded to by a trained representative of the Merchant on the next business day. To the extent possible, the after-hours answering service shall comply with the same telephone answer time standard set forth in this Section. (4) The Merchant must hire sufficient staff so that it can adequately respond to customer inquiries, complaints, and requests for service in its office, over the phone, and at the Consumer’s residence. (c) Scheduling and Completing Service. Under Normal Operating Conditions, each of the following standards shall be met by all Merchants at least 90% of the time, as measured on a quarterly basis: (1) Prompt Service. Installations located up to 400 feet from the nearest Public Right-of- Way shall be completed within seven (7) business days after the order is placed or Miss Utility marking, or at a later time if requested by the Consumer. Repairs and maintenance for Service Interruptions and other repairs not requiring work within a Consumer’s premises must be completed within thirty-six (36) hours of the time the Consumer reports the problem to the Merchant or its representative or the interruption or need for repairs otherwise becomes known to the Merchant. At the request of the Consumer, the commencement of the thirty-six (36) hour deadline may be extended. Work on all other requests for service shall be scheduled for the next available appointment, or at a later time mutually agreeable to the Merchant and the Consumer. The Merchant shall exercise its best efforts to complete such work within three (3) days from the date of the initial request, except installation requests, provided that the Merchant shall complete the work in the shortest time possible where, for reasons beyond the Merchant’s control, the work could not be completed in those time periods even with the exercise of all due diligence; the failure of the Merchant to hire sufficient staff or to properly train its staff shall not justify the Merchant’s failure to comply with this provision. (2) Service Times. The Merchant shall perform service calls, installations, and disconnects at least during Normal Business Hours. In addition, maintenance service capability enabling the prompt location and correction of System Outages shall be available Monday through Friday from the end of Normal Business Hours until 12:30 a.m., and from 8:00 a.m. until 12:30 a.m. on Saturdays, Sunday, and holidays. (3) Appointments. The appointment window for installations, service calls, and other installation activities will be either a specific time or, at maximum, a 4-hour time block during Normal Business Hours. Where a Consumer cannot conveniently arrange for a service call or installation during Normal Business Hours, the Merchant shall make reasonable efforts to schedule service and installation calls outside Normal Business Hours for the express convenience of the Consumer. (4) Cancellations. The Merchant may not cancel an appointment with a Consumer after the close of business on the business day preceding the appointment. If the Merchant’s representative is running late for an appointment with a Consumer and will not be able to keep the appointment as scheduled, the Consumer will be contacted, and the appointment rescheduled, as necessary, at a time which is convenient for the Consumer. (5) Emergency Maintenance. The Merchant shall keep emergency system maintenance and repair staff, capable of responding to and repairing system malfunctions or interruptions, on a twenty-four (24) hour basis at all times, and under Normal Operating Conditions shall provide an immediate response to System Outages twenty-four (24) hours a day, seven (7) days a week. (6) Other Inquiries. Under Normal Operating Conditions, billing inquiries and requests for service, repair, and maintenance not involving Service Interruptions must be acknowledged by a trained customer service representative within twenty-four (24) hours, or prior to the end of the next business day, whichever is earlier. The Merchant shall respond to all other inquiries within five (5) business days of receipt of the inquiry or complaint. (7) To the extent consistent with federal law, no charge shall be made to the Consumer for repairs or maintenance of Merchant-owned equipment or facilities, except for the cost of repairs to the Merchant’s equipment or facilities where it can be shown that the equipment or facility was damaged by a Consumer. (8) Mobility-Limited Consumers. With regard to mobility-limited Consumers, upon Consumer request, the Merchant shall arrange for pickup and/or replacement of cable modems or other equipment used at the Consumer’s address to provide Service. (d) Interruptions of Service. The Merchant may intentionally interrupt service only for good cause and for the shortest time possible and, except in emergency situations or to the extent necessary to fix the affected Consumer’s service problems, only after a minimum of forty-eight (48) hours prior notice to Consumers and the County of the anticipated service interruption, provided however, that planned maintenance that does not require more than two (2) hours’ interruption of service that occurs between the hours of 12:00 midnight and 6:00 a.m., shall not require such notice to Consumers, but shall require notice to the County no less than twenty-four (24) hours prior to the anticipated service interruption. Brief interruptions of service of less than five minutes necessary to conduct planned maintenance shall not require notice to Consumers or the County. (e) Notice to Consumers. (1) The Merchant shall provide the following materials to each Consumer at the time Service is installed, at least annually thereafter, and at any time upon request. Copies of all such materials provided to Consumers shall also be provided to the County. (A) a written description of products and services offered, including a schedule of rates and charges and the technical specifications of the Service, including data speed; (B) a written description of the Merchant’s installation and service maintenance policies, delinquent Consumer disconnect and reconnect procedures, and any other of its policies applicable to its Consumers; (C) written instructions on how to use the Service; (D) written instructions for placing a service call; (E) a written description of the Merchant’s billing and complaint procedures, including the address and telephone number of the County office responsible for receiving Consumer complaints; (F) a copy of the service contract, if any; (G) notice regarding Consumer’ privacy rights; and (H) notice that Consumers are not obligated to purchase a modem supplied by a Merchant in order to receive Cable Modem Service. (2) Consumers and the County will be notified in writing of any changes in rates or any significant changes in any other information required to be provided by this section, as soon as possible. Notice must be given to Consumers and the County a minimum of thirty (30) days in advance of such changes and other significant changes if the change is within the control of the Merchant. (3) All Merchant promotional materials, announcements, and advertising of Service to Consumers and the general public, where price information is listed in any manner, shall clearly and accurately disclose price terms and, in the case of telephone orders, the Merchant shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers before the order is accepted. (4) The Merchant shall maintain a public file containing all notices provided to Consumers under these customer service standards, as well as all promotional offers made to Consumers. Copies of all notices, promotional or special offers sent to Consumers and any agreements used with Consumers shall be filed promptly with the County. The Merchant must provide to the County a copy of all forms describing customer service policies and procedures when they are distributed to customers, and if possible, should provide these forms to the County before they are distributed. (f) Billing. Bills shall be clear, concise, and understandable. Bills must be fully itemized with itemizations including, but not limited to, equipment charges. Bills shall clearly delineate all activity during the billing period, including optional charges, rebates, and credits. (g) Rebate Policy. In the event of a Service Interruption, the Merchant shall repair the Service Interruption as soon as possible. This obligation is satisfied if the Merchant offers the Consumer the next available repair appointment within the twenty-four hour period following the Service Interruption, or at the request of the Consumer, to a mutually convenient later time for the repair call, and successfully repairs the Service Interruption during the agreed appointment. If the Service Interruption is not repaired at the time of the scheduled appointment, the Consumer will receive a credit of 10% of the Consumer’s normal monthly bill for each 24 hour period, or segment thereof, that the Service Interruption continues beyond the scheduled repair call. The Merchant shall not be deemed in default of this regulation where performance was rendered impossible by war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, or epidemics, or other causes beyond the Merchant’s control, and the Merchant shall not be penalized for such noncompliance, provided that the Merchant takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with this regulation without unduly endangering the health, safety, and integrity of the Merchant’s employees or property, or the health, safety, and integrity of the public, Public Rights-of-Way, public property, or private property. The enforcement remedies contained in Chapter 8A, Chapter 11 and the cable franchise agreements are incorporated herein. This regulation may be enforced in the same manner as any applicable franchise agreement.

1.1 Concurrently with the giving of the Notice of Intention to Create a Condominium as required by Section 11-102.1, Condominium Act, Real Property Article, Annotated Code of Maryland, the developer must give notice, in writing, to each tenant of the rights of certain elderly, handicapped, and low and moderate income tenants to extended leases as described in Section 11A-5 of the Montgomery County Code, as amended, and in Section 11-137 of the Real Property Article, Annotated Code of Maryland. 1.2 The Notice must clearly describe: (1) the terms of the extended tenancies, including but not limited to the length of the extensions, the provisions for rent increases during the period of extended tenancy, and the rights of the tenant to terminate an extension; (2) the eligibility requirements for the extensions, including but not limited to an explanation of how priority for the extensions will be determined; (3) the provisions for applying for extended tenancies, including but not limited to the deadline for application; (4) the rights of tenants to relocation assistance, including but not limited to the right to moving expenses and the right of certain tenants to a payment equal to three (3) months rent; and (5) any other information necessary to enable a tenant to determine whether and how he or she should apply for an extended tenancy. A specimen copy of that Notice must be filed with the Montgomery County Office of Consumer Affairs. 2.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect. 1.1 Condominium; Condominium Regime. "Condominium" and "Condominium Regime" means property established as a condominium regime under Title 11, Real Property Article, Annotated Code of Maryland. 1.2 Developer. "Developer" means any person who subjects his or her property to a condominium regime, or any person who is the successor in title to ownership of a unit in a condominium. 1.3 Extended Lease. "Extended Lease" means a lease granted to a tenant under the provisions of Section 11A-5, Condominiums, Montgomery County Code. 1.4 Rental Assistance. "Rental Assistance" means any payment received by a tenant from a local, State, or Federal government agency to be used toward the payment of rent. 2.1 A developer must continue to accept rental assistance from a tenant who is the subject of an extended lease. 3.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

1.1 In the case of a conversion, the developer must file with the Office of Consumer Affairs, four (4) copies each of the Public Offering Statement and the Consumer Guide. The developer must provide the Office of Consumer Affairs with additional copies upon request. In the case of new construction, the developer must file with the Office of Consumer Affairs two (2) copies each of the Public Offering Statement and the Consumer Guide. 1.2 The Consumer Guide must be printed on 8 ½" x 11" paper and be in type no smaller than standard elite (except when reduced photocopies of actual documents are included). All pages must be numbered. 2.1 The Consumer Guide must contain the following information: a) Name and address of developer. b) Nature of the legal entity comprising the developer. c) Names and addresses of all individuals or other legal entities who are partners or corporate officers or directors of the developer. d) Names and addresses of all partners of any partnership, all officers and directors of any corporation, and all trustees of any trust. e) Names and addresses of other condominiums built or converted within the preceding five years by the developer or by any person identified in Sections c and d, above, either individually or as a general partner in another developer. f) Names and addresses of any lending institutions, or other sources, providing acquisition, construction, or interim financing. g) Nature and extent of protection to the purchaser if the developer defaults on acquisition, construction, or interim financing, or on any blanket encumbrance. h) Nature and extent of protection to the purchaser from mechanics’ liens. i) Names and addresses of architects, engineers, or contractors involved in renovation work in a condominium conversion. 3.1 Statement of sale prices a) To the public for owner occupancy. b) To the public for investment (if different from a, above). c) To existing tenants for owner occupancy. d) To existing tenants for investment (if different from c, above). 3.2 Disposition of purchasers' deposits a) Amount of deposit required. b) Name and address of institution which will hold purchasers' deposits. c) Nature and extent of protection of deposits. d) Rate of interest, if any, to be earned. 3.3 Estimated itemized monthly housing costs a) Principal and interest b) Taxes c) Condominium fee d) Fees for any facilities to be used by condominium owners which are not part of the condominium. e) Deferred water and sewer charges f) Special improvement assessments. 3.4 Itemized list of costs included in condominium fee. 3.5 Names and addresses of institutions offering long-term financing and terms of such financing. 3.6 Estimated itemized closing costs. 3.7 Date on which condominium regime was or will be established. 3.8 Projected earliest and latest dates of settlement on individual units. 3.9 Sample deed. 3.10 Copy of sales brochure - if published subsequently, a copy of the sales brochure must be filed with the Office of Consumer Affairs ten (10) days prior to public distribution. 3.11 A statement providing the method and timing of transfer of control of the Council of Unit Owners to unit purchasers. 4.1 The required description of the condominium must include but not be limited to: 4.2 Description of units a) Physical description of all residential units b) Nature and extent of ownership of all residential units c ) Number and location of all non-residential units d) Uses (e.g. professional, office, commercial, etc.) of all non-residential units e) A statement of any restrictions on use of units. 4.3 Description of common elements. 4.4 Description of facilities to be used-by condominium owners which are not part of the condominium along with any fees for such use. 4.5 Description of the division of maintenance responsibilities between the Council of Unit Owners and the individual unit owner. This description must include specific examples, particularly for doors, windows, and other items at the boundaries of units and common elements; limited common elements; and any items which are not part of the units but are the unit owner's obligation to maintain. 4.6 Disclosure of developer ownership and/or plans or intentions of the developer for the development of any land contiguous to the condominium, including the projected dates for commencement and completion of such development. 4.7 Itemization of all renovation and rehabilitation work to be performed on units and common elements. 4.8 Projected completion dates for new construction or for each item of renovation and rehabilitation. 4.9 Disclosure of all outstanding building or housing code violations. 4.10 Disclosure of any pending litigation, liens, judgments or other matters of record with respect to the condominium, the land on which the condominium is built, or the rental facility to be converted to a condominium regime which could affect the developer's ability to convey clear title. 4.11 In the case of a conversion, disclosure of all administrative, operating, management, capital, maintenance, and other costs of the rental facility for each of the three years immediately preceding conversion. 4.12 Plat 4.13 Statement of all warranties, including statutory implied warranties. If any purchaser will be asked to consent to any legally permitted exclusion or modification of any implied warranty, a copy of the written consent form to be used must be provided. 5.1 The Consumer Guide must contain an affidavit, executed in accordance with State Law, by a senior executive officer of the developer, on behalf of the developer, certifying that the information, documents, and representations in the Consumer Guide, and any amendments, supplements, or modifications are full, true, complete and correct. The affidavit must further certify that the developer must carry out the promises, warranties, and obligations set forth in the Consumer Guide or has delineated who is responsible for promises, warranties, or obligations for which the developer is not responsible and has provided warnings required by law. 6.1 The cover of the Consumer Guide must contain the following warning, double-spaced and capitalized. "IT IS UNLAWFUL FOR ANYONE TO MAKE ANY REPRESENTATION THAT MONTGOMERY COUNTY, MARYLAND HAS PASSED UPON THE MERITS OF, OR GIVEN APPROVAL TO, THIS CONDOMINIUM. IT IS UNLAWFUL FOR ANYONE TO MAKE ANY REPRESENTATIONS WHICH DIFFER FROM THE REPRESENTAIONS IN THIS CONSUMER GUIDE OR IN THE PUBLIC OFFERING STATEMENT." 7.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect. 1.1 Concurrently with the filing of the Public Offering Statement and Consumer Guide with the Office of Consumer Affairs, the developer must deliver a notice to each tenant advising that the Public Offering Statement and Consumer Guide have been filed with the Office of Consumer Affairs and that tenants have the right to review these documents. 2.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

1.1 In the case of either a conversion condominium or a new construction condominium, the developer must establish a reserve fund at a level adequate for deferred maintenance, repairs and replacement of those common elements or major components of common elements that must be replaced on a periodic basis. The developer must contribute to such a reserve fund in proportion to the number of condominium units owned by the developer. 2.1 "Common elements" is defined as all of the condominium except the units. 2.2 "Major components of common elements" is defined as including but not limited to the following: • painting • outside lighting fixtures • roofing • carpets and floors in common areas • boilers • elevators • central heat & air conditioning • private streets/driveways • recreational facilities/amenities • furnishings and equipment • piping • miscellaneous underground utilities, i.e., storm sewers, water pipes, and electrical system 3.1 The amount of reserves that are required to be set aside will be based on the following process: • An inventory of those common elements subject to periodic replacement. • Determination of the remaining useful life of each element to be replaced over time. • Estimation of the cost of replacement at the expiration of the remaining useful life of each common element. • Adjustment of that amount by any salvage value that may remain. • Division of the total sum derived from the above cited procedure by the number of years of remaining useful life will determine the annual sum needed to be set aside to assure that adequate funds are available when replacement is required. 4.1 The budget reserve requirement must be incorporated as part of the disclosures in the "Consumer Guide." 5.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

1.1 Authority 1.1.1 The County Executive is empowered to issue procurement regulations pursuant to Chapter 11B, Montgomery County Code. 1.1.2 These regulations may be suspended or waived by the CAO with respect to any procurement action or class of procurement actions, including cooperative purchases, upon a determination and finding setting forth the reasons why the best interests of the County would be served by the waiver. The CRC must review each proposed suspension or waiver, and forward its recommendation to the CAO, prior to the CAO suspending or waiving the regulations. The CAO must identify each suspension or waiver, in writing, and send it to the Director and the County Council within 7 days after the suspension or waiver; the Director must maintain a record of the suspension or waiver notification from the CAO. If the CAO waives the monetary threshold for a formal solicitation to permit an informal solicitation, the Director must: 1.1.2.1 give public notice of the waiver; 1.1.2.2 ensure that the County invites at least 5 potential offerors that the Director knows or reasonably believes can provide the goods, services, or construction the County seeks to submit an offer. If there are fewer than 5 potential offerors, the County must invite each potential offeror to submit an offer; 1.1.2.3 give public notice that any potential offeror may submit an offer in response to the informal solicitation. The public notice must describe how the potential offeror may submit an offer; and 1.1.2.4 give public notice of the proposed contract awardee. 1.1.3 The CAO may adjust by increasing or decreasing the monetary thresholds established in these regulations to reflect changes in the consumer price index for the Washington-Baltimore metropolitan area. The CAO must give public notice of any change in a monetary threshold. Public notice may be given through the Montgomery County Register. The Director must issue revised pages to the regulations to reflect any modifications to these thresholds. The change becomes effective when public notice is given. 1.1.4 These regulations are issued pursuant to the requirements of law under Chapter 11B of the County Code. 1.2 Applicability 1.2.1 These regulations are applicable to all County departments and agencies and other public entities subject to the purchasing laws of the County, including the County Council, the County Board of Supervisors of Elections, the State Attorney's Office, the Sheriff's Office, the County Board of License Commissioners, and the Circuit Court (not including the Office of the Clerk of the Court). 1.2.2 Where Montgomery County engages in a cooperative purchasing venture with or on behalf of another entity, these regulations may be applicable by agreement. 1.2.3 These regulations are not applicable to real property transactions, including land purchases, land dispositions, leases, licenses, easements, and rights of entry. 1.2.4 The procurement regulations in effect before the effective date of these regulations continue to govern: 1.2.4.1 the solicitation phase of a procurement if the solicitation was issued before the effective date of these regulations; 1.2.4.2 a solicitation protest or appeal if the protest was filed before the effective date of these regulations; 1.2.4.3 a contract dispute arising from an original contract awarded by the County before the effective date of these regulations. 1.3 Administration - Legal Review of Contracts The Office of the County Attorney is responsible for the review of contract actions for legality and conformance with the Montgomery County procurement regulations to the extent that such review is deemed appropriate by the County Attorney. 1.4 Procurement Authority; Delegation of Authority 1.4.1 Authority to acquire goods, services, and construction is vested in the CAO and, by these regulations, is delegated, subject to revision by the CAO, to the Director. These contracting officers, and only these contracting officers, may delegate, or redelegate, in writing, this authority, subject to limits stated in the delegation. Contracts may be executed on behalf of the County by these contracting officers only, except as otherwise provided in these regulations. 1.4.2 No contract may be entered into unless the contracting officer ensures that all requirements of procurement laws, Executive Orders, regulations, and all other applicable procedures have been met. 1.4.3 The CAO delegates, subject to revision by the CAO, authority to the CRC to carry out all responsibilities assigned that committee pursuant to law or these regulations. 1.4.4 Unless expressly prohibited by law, any procurement authority may be delegated and subdelegated if the delegation is in writing. A delegation may be limited or made subject to conditions. Responsibility for a procurement action, however, may not be delegated. 1.5 Using Department Responsibilities 1.5.1 In general, Using Departments are responsible for compliance with applicable laws and regulations, including these regulations and obtaining any required approval. 1.5.2 The Using Department must provide information as requested by the Director or the County Attorney for appropriate investigation and remedial action. 1.6 Rules of Construction 1.6.1 Where there is a conflict between provisions of these regulations, the provisions of the more specific section control the provisions of the general section. 1.6.2 All contracts must be construed with the presumption that the contract complies fully with the provisions of these regulations and as if these regulations were incorporated into the contract. 1.6.3 Where these regulations conflict with provisions of a contract, County procurement procedures, directives, policies, or other matters pertaining to procurement, these regulations control. Otherwise, if a conflict can be resolved by interpretation, the provisions are to be interpreted in a way consistent with each other. 1.6.4 Where these regulations refer to “11B-#”, the reference is to Chapter 11B of the Montgomery County Code. References to these regulations will include decimal-style numbers and not the hyphenated 11B-style reference used in the Code. 1.7 Appendices 1.7.1 These regulations may contain appendices which contain mandatory clauses. The appendices are not part of these regulations and may be updated from time to time by the Office of the County Attorney. 1.7.2 The Director must be notified by the Office of the County Attorney of any changes to the appendices. The Director is responsible for prompt distribution of the changes to the Using Departments. 1.8 Procurement Manual The CAO should issue a Procurement Manual to provide internal procedures to County employees and officials to follow in making a procurement. The manual is not part of these regulations. A violation of a procedure in the manual is not a basis for an offeror or contractor to challenge a procurement action by the County. 2.1 The words defined in this section have the meaning set forth below whenever they appear, unless: 2.1.1 The context in which they are used clearly requires a different meaning; or 2.1.2 A different definition is prescribed for a particular section of the regulations. 2.2 Any definition for words contained in this section is to be construed in a manner that is consistent with and supplementary to any definition contained in Chapter 11B, Montgomery County Code. 2.3 These definitions contain substantive material. These defined terms must be interpreted to include all the substantive provisions contained in the definition. 2.4 Terms and Definitions 2.4.1 Acceptance of Goods or Services: Acceptance constitutes a determination by an authorized government official that goods or services conforming to the requirements of a contract have been furnished by a contractor. With respect to goods, acceptance is deemed to occur if, after a reasonable opportunity to inspect the goods, an effective rejection is not made within a commercially reasonable time. Acceptance of goods may be revoked where: there is an acceptance on a reasonable assumption that a non-conformity would be cured and it is not later timely cured; or acceptance has taken place without discovery of a non-conformity where the acceptance was induced either by the difficulty of discovery before acceptance of the non-conformity or by the contractor's assurances with respect to conformity of the goods. Revocation of acceptance must occur within a reasonable time after the government official discovers or should have discovered the grounds for it. 2.4.2 Acceptance of Offer: The communication of acceptance of an offer must be made within the time specified for acceptance in the solicitation or authorized extension in order for the acceptance to be binding on the offeror; however, a communication of an acceptance of an offer made after the time specified in the solicitation may be accepted by an offeror. In order for acceptance to become binding on the County, a fully executed contract must be delivered. 2.4.3 Advance payment: A payment to the contractor prior to performance of the work for which the payment is made. 2.4.4 Assignment: The transfer of a contract right or obligation by a contractor to another party. A payment assignment is the assignment of a right to payment under a contract to a party designated by the contractor who has a right to that payment. A performance assignment is the assignment by a prime contractor to a third party of the obligation to perform a prime contract in accordance with its terms and conditions. Assignments must be made through a contract modification and specifically accepted and approved by the contracting officer in order to be effective. An assignment, unless it specifically provides otherwise, does not relieve the prime contractor of its obligations to the County. 2.4.5 Authorized Government Official: A person granted specific authority to do a particular act by law, by delegation of authority, by official job description, by the law of agency or pursuant to contract provisions. 2.4.6 Bid: An offer to furnish goods, services, or construction in conformity with the specifications, delivery terms and conditions, and other requirements included in an invitation for bids or other solicitation of a bid. 2.4.7 Bid Bond: An undertaking, in a form satisfactory to the County, by which a third party agrees to be liable to pay the County a certain amount of money in the event a bidder fails to sign a contract as bid. 2.4.8 Bid Security: A cashier's check, certified check, bank letter of credit, or bid bond, deposited with, and at the request of, the County, to guarantee that the bidder will, if selected, sign the contract as bid or mutually agreed, upon presentation of that contract to the bidder. If the bidder does not sign the contract as bid, the deposit may be retained by the County. 2.4.9 Bidder: An Offeror. 2.4.10 Bidder’s List: A current file of vendors and other sources for various categories of goods, services, or construction purchased by the County and maintained and used by the Director. 2.4.11 CAO: The Chief Administrative Officer for Montgomery County. 2.4.12 Certification of Funds: A written or electronic certification by the Director of Finance that funds are available to pay the cost of a specific contract or the cost of the first period of a multi-term contract, as required by Chapter 11B, Montgomery County Code. 2.4.13 Change Order: A type of contract modification authorized by the contracting officer directing the contractor to make changes within the scope of the contract, pursuant to contract provisions for such changes, with or without the consent of the contractor. 2.4.14 Competition: The process by which more than one valid source of supply for goods, services, or construction is solicited. 2.4.15 Competitive Negotiation: A process by which the County and one or more prospective suppliers communicate successive respective positions with respect to price, specifications, and other relevant terms and conditions in order to arrive at a contract for procurement of goods, services, or construction. 2.4.16 Confidential Information: Any information that is not a matter of public knowledge or available to the public on request. 2.4.17 Construction: The process of building, altering, repairing, improving, or demolishing any structure or building, or other improvements of any kind to any real property. Construction does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property. 2.4.18 Contract: Any agreement to which the County is a party for the procurement or disposal of goods, services, or construction, including any contract modification. Unless specifically prohibited by Chapter 11B, contract types include: fixed-price, cost, cost-plus-a-fixed-fee, cost reimbursement or incentive. Contracts may provide for the issuance of job orders, task orders, or task letters. Contracts also include letter contracts, grants, and purchase orders. All contracts must be in writing unless otherwise authorized by these regulations. A contract must include mandatory clauses. 2.4.19 Contract Award: The delivery by the County of a fully executed contract to an offeror. 2.4.20 Contract Administrator: An authorized government official responsible for administering a contract. 2.4.21 Contract Amendment: A type of contract modification signed by the contractor and the contracting officer that provides for a change of contract provisions, including additional work outside the scope of the original contract. 2.4.22 Contract Modification: Any documented alteration in the specifications, delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It also includes administrative changes, notices of termination, field orders, and notices of exercise of a contract option and contract extensions. Unless expressly authorized by contract and these regulations, a contract modification must be written if the contract to be modified is written. 2.4.23 Contract Review Committee (CRC): A standing committee established for purposes specified in law or these regulations. 2.4.24 Contracting Officer: The CAO, Director, others delegated by these officials to act within their authority, and other officials specifically authorized by these regulations to enter into a contract on behalf of the County. Only contracting officers may execute contracts or contract modifications on behalf of the County. 2.4.25 Contractor: Any person obligated by contract under the County procurement law, to provide goods, services, or construction to the County. 2.4.26 Cooperative Purchasing: The combining of requirements of two or more public entities to obtain the benefits of volume purchases, reduction in administrative expenses, or some other public purpose. 2.4.27 Cost Analysis: The review and evaluation of the separate cost elements and proposed profit of an offeror's or contractor's cost or pricing data and an offeror's or contractor's assumptions and judgments in estimating costs. 2.4.28 Cost or Pricing Data: All facts as of the time of price agreement that buyers and sellers would reasonably expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental, and are independently verifiable. 2.4.29 Cost Reimbursement Contract: A contract under which a contractor is reimbursed for costs that are allowable, and a fee, if any. 2.4.30 County: Montgomery County, Maryland, a body corporate and politic and a local subdivision of the State of Maryland. 2.4.31 County Department, Office, and/or Agency: An officially designated unit of the County (including the County Council) subject to the procurement law and regulations of Montgomery County, and certain entities required or allowed to follow County procurement law; including the County Board of Supervisors of Elections, the State Attorney's Office, the Sheriff's Office, the County Board of License Commissioners, and the Circuit Court (not including the Office of Clerk of the Court). 2.4.32 CRC: The Contract Review Committee. 2.4.33 Debarment: A disqualification of a potential offeror from participating in the procurement process, including being awarded contracts, during a pre-determined period of time. 2.4.34 Delivery Order: A document or other action which initiates a delivery of goods, services, or construction authorized by a contracting officer or other authorized government official, under an existing contract that establishes terms, price and source of supply. 2.4.35 Determination and Finding: A document prepared by an authorized government official that states the facts and reasons for a particular decision. 2.4.36 Direct Purchase: An informal procurement of goods, services, or construction under the direct authority of the Using Department Head. Competition should be preserved with this method to the extent practical. Contracting with MFD firms is encouraged. 2.4.37 Director: Director of the Department of General Services or the Director’s designee. 2.4.38 Dispute: A timely complaint filed by a contractor disagreeing with a decision made by an authorized government official regarding a contract. 2.4.39 Emergency: Any dangerous condition or unforeseen curtailment, diminution or termination of an essential service which poses an immediate danger to health, life or property. 2.4.40 Emergency Procurement: An emergency procurement is an informal procurement of goods, construction, or services required as a result of an emergency. 2.4.41 Encumbrance: The recorded reservation of appropriated funds to provide for payment of County contract obligations, which reduces remaining spending authority under an appropriation by that amount. A certification of funds from the Department of Finance constitutes sufficient evidence that there is a sufficient unencumbered balance in an appropriation to cover the County’s contract obligations, or the County’s obligations under the first period of a multi-term contract, as required by Chapter 11B, Montgomery County Code. 2.4.42 Equal ("or Equal"): Substitute products of similar or superior function, purpose, design, or performance characteristics. 2.4.43 Evaluation Criteria: Standards, factors, or elements set forth in a solicitation document that specify the basis for evaluation of the solicitation. 2.4.44 Field Order: A limited and specific written order usually used in construction contract situations where the authority to direct timely limited change to contract work has been specifically delegated by the contract to the authorized government official at the place of performance. 2.4.45 Fixed Price Contract: A contract that provides for a firm price under which a contractor bears the full responsibility for profit or loss. This does not include a cost reimbursement contract. 2.4.46 Formal Solicitations: Invitation for Bid, Request for Proposals and Request for Expressions of Interest. 2.4.47 Goods: All supplies, equipment, materials, and all property, except real property. 2.4.48 Government: Government of Montgomery County, Maryland, unless the context indicates otherwise. 2.4.49 Grant: An action by a public or private entity which directs funds on a non-competitive basis to a specific entity. A grant must be implemented by a contract. 2.4.50 Informal Solicitation: Any solicitation that is accomplished without a formal solicitation. 2.4.51 Inspection: Examination and testing of goods, services, and construction to determine whether they conform to contract requirements. Inspection does not constitute acceptance. 2.4.52 Invitation for Bids (IFB): A formal solicitation in which competitive sealed bids are invited through a public notice procedure requiring that bids be received by a specified time, opened publicly, and are evaluated solely in terms of responsiveness, price, and bidder responsibility. 2.4.53 Labor and Material Bond: See Payment Bond. 2.4.54 Late Response: A response to a formal solicitation received at the place designated in the solicitation after the deadline established by the solicitation. 2.4.55 Liquidated Damages: A sum agreed to in the contract to be paid as ascertained damages by the party who breaches the contract, and not as a penalty, where actual damages may be difficult to determine at the time of the breach. 2.4.56 Mandatory Clauses: Clauses prepared by the Office of the County Attorney that must be used in solicitations and contracts unless explicitly waived by the Office of the County Attorney. 2.4.57 Mandatory IFB Requirements: Specific requirements that may not be waived. 2.4.58 Mini-Contract: A contract valued within certain monetary thresholds for professional services, and under special circumstances, non-professional services, goods, or construction. 2.4.59 Minor Irregularity: A failure to meet a requirement in a solicitation that is merely a matter of form (not substance) or is an immaterial or inconsequential provision in the solicitation. The Director may determine the defect or variation in the bid to be immaterial or inconsequential when the significance of the defect or variation as to price, quantity, quality, or delivery is trivial or negligible when contrasted with the total cost or scope of the procurement. 2.4.60 Minority Owned Business (MFD): Minority owned business as defined in Chapter 11B of the County Code. 2.4.61 Minority Contracting: Montgomery County contracting policies and procedures in accordance with the provisions of Chapter 11B of the County Code. 2.4.62 Minority Person: A member of a socially or economically disadvantaged group which includes African Americans, Hispanic Americans, Native Americans, Asian Americans, women, and persons with a disability as defined in Chapter 11B of the County Code. 2.4.63 Multiple Award: The award of separate contracts to two or more offerors for the same or related goods or services in situations where the award of a single contract would be impractical or would not meet the total County requirements. 2.4.64 Notice to Proceed: A written notice to the contractor issued by an authorized government official directing commencement of contract performance. 2.4.65 Offer: A timely response to a solicitation that is binding upon the offeror during the period of time in which the offer is to remain open under the solicitation. An offer is not binding on the County until the award of a contract. An offer also includes a non-binding response to an REOI. 2.4.66 Offeror: A person that makes an offer in response to a solicitation or makes an unsolicited proposal. 2.4.67 Payment Bond: A bond issued by a surety that guarantees payment to suppliers and subcontractors of a prime contractor. 2.4.68 Performance Bond: A bond issued by a surety that guarantees full performance of a contract by a contractor. 2.4.69 Person: Means any business, individual, union, committee, club, organization, group of individuals, firm, association, corporation, partnership (of any kind), sole proprietorship, limited liability company, or other entity. 2.4.70 Pre-Bid/Pre-Proposal Conference: An optional meeting open to all prospective offerors prior to submittal of bids or proposals to discuss matters germane to the solicitation. 2.4.71 Price Analysis: An analysis used to determine that a price submitted by an offeror is fair and reasonable. 2.4.72 Principal Place of Business in the County: A regular course of business commerce in the County by a business, along with any of the following: (1) The business has its physical business location(s) only in the County; or (2) The business has physical business locations both in and outside of the County, and the County-based location(s) account for over 50% of the business’s total number of employees, or over 50% of the business’s gross sales. 2.4.73 Procurement: Buying, purchasing, leasing, or otherwise acquiring any goods, services, or construction. It also includes all functions that pertain to the obtaining of any goods, service, or construction, including description of requirements, selection and solicitation of sources, evaluation of offers, preparation and award of contract, dispute and claim resolution and all phases of contract administration. 2.4.74 Professional Services: The services of attorneys, physicians, architects, engineers, consultants, and other recognized professional individuals, associations, corporations, and groups whose services are customarily negotiated because of the individuality of those services and level of expertise involved. 2.4.75 Proposal: An offer binding on the offeror in response to an RFP and non-binding in response to an REOI. 2.4.76 Proposed Award: A decision of the Director that a specific offeror is the successful offeror after the evaluation of offers and the completion of any negotiations. This decision must be made in accordance with these regulations and initiates the process by which a contract award may be made to the offeror. A proposed award is not binding on the County. 2.4.77 Protest: A timely-filed challenge by an aggrieved offeror in connection with a decision regarding a formal solicitation in accordance with Section 11B-36 of the Montgomery County Code and these regulations A protest must be filed, in writing, with the Director. 2.4.78 Public Entity: (1) the federal government; (2) a state government and any of its agencies; (3) any political subdivision of a state government and any of its agencies; (4) any board, commission, or committee established by federal, state, or local law; (5) any organization or association of the federal government, state governments, or political subdivisions of state governments; and (6) any other entity that is: (A) qualified as a non-taxable corporation under the United States Internal Revenue Code, as amended; and (B) incorporated by an entity under paragraphs (1) through (5) for the exclusive purpose of supporting or benefitting an entity under paragraphs (1) through (5). 2.4.79 Public Notice: Posting information for public inspection during regular business hours. In addition, public notice may, as determined by the Director, also include other means reasonably calculated to notify the public and promote adequate competition, such as advertisement, mailings, placing notices in newsletters, and inclusion of public notice on the RAPID system or other electronic media determined by the Director. 2.4.80 Qualification and Selection Committee (QSC): A committee established by a Using Department for the purpose of evaluating responses submitted by offerors in connection with an RFP or an REOI. 2.4.81 Regular Course of Business Commerce: The on-going and continuous exchange of goods or services for money between two or more businesses or between a business and consumers. 2.4.82 Request for Expressions of Interest (REOI): A solicitation to prospective offerors, the response to which is to be analyzed in accordance with evaluation criteria set forth in the solicitation. The REOI is used to develop a shortlist of prospective offerors who are eligible to receive a subsequent solicitation such as an RFP or an IFB. Requests for Expressions of Interest are generally made where specifications cannot be prepared or the availability of vendors for the goods, services, or construction involved is uncertain or unknown. 2.4.83 Request for Proposals (RFP) - Best Value Procurement: A solicitation to prospective offerors, the response to which is analyzed in accordance with evaluation criteria set forth in the solicitation for the purpose of ranking the proposals received in order to obtain the best value for the County. 2.4.84 Requirements Contract: A contract for goods, services, or construction covering long-term requirements (usually twelve months or more), used when the total quantity required cannot be definitely fixed, but may be stated as an estimate or within maximum and minimum limits. Delivery of goods, services, or construction are made upon issuance of a delivery order. A requirements contract may be exclusive, in which case all orders of goods, services, or construction covered by the contract must be made pursuant to it. In the alternative, a requirements contract may be non-exclusive, in which case the contract is not the only source of goods, services, or construction covered by it. Unless a requirements contract, and the solicitation for it, states that it is an exclusive contract, it is a non-exclusive contract. A requirements contract may not be used to unduly restrict competition and may not normally be used for large construction contracts. 2.4.85 Responsibility: A determination, based on characteristics of an offeror, that demonstrate that the offeror is capable of satisfying the County's needs and requirements for a specific contract. 2.4.86 Responsible Offeror: A person the Director has determined under section 6.3 to be capable of satisfying the County’s needs and requirements for a specific contract. 2.4.87 Responsive Offeror: An offeror who has submitted a bid that conforms in all material respects to the requirements of an IFB or a small purchase. 2.4.88 Responsiveness: A determination that a bid complies with the material requirements of an IFB or a small purchase. The Director determines if a bid is responsive. See Responsive Offeror. 2.4.89 Retention (Retainage): The withholding of a part of the payment due to the contractor until the time of final acceptance according to the terms of the contract. The amount retained (also known as retainage), as well as the period of retention, is determined by the terms of the contract. Retention, as a method of payment administration, is usually associated with construction contracts. 2.4.90 Services: The performance of an identifiable task by furnishing labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. 2.4.91 Shortlist: A list of offerors who, through a pre-qualification process, are eligible (usually through an REOI) to participate in a further process for award of one or more contracts. 2.4.92 Small Purchase: An informal solicitation of goods, construction or non-professional services valued below a certain monetary threshold. 2.4.93 Sole Source: A noncompetitive procurement in which goods, services, or construction necessary to meet minimum valid needs of the County are available from only one person as provided in Chapter 11B of the County Code including those having the exclusive right to manufacture, sell or otherwise market certain goods or services. 2.4.94 Solicitation: A request for offers through either a formal communication or an informal communication, with potential offerors in accordance with these regulations. A solicitation may only be made by a contracting officer or an authorized government official. 2.4.95 Specification: A set of requirements for goods, services, or construction that the County wishes to acquire. A specification must indicate, whenever appropriate, the procedure by which requirements are determined to be satisfied. As far as practicable, it is desirable that the requirements be expressed in numerical or other objective terms, together with their ranges or limits. A specification may be a standard, a part of a standard, or independent of a standard. It may also be expressed as an end result. Specifications should be contained in solicitations as well as contracts. Specifications should not be overly restrictive or prejudicial to competition beyond that justified by minimum valid needs of the County. 2.4.96 Standardized Procurements: A standardized procurement is a purchase of equipment or parts for which the CRC determines standardization and interchangeability of parts is necessary or is in the public interest. A standardized procurement should include competition when reasonably available. Standardization approval must be for a stated period which bears a reasonable relationship to the life of the equipment and the specialized training or specialized equipment necessary to maintain the standardized item. A standardization decision includes the decision to procure compatible parts, equipment, services, and training. 2.4.97 Termination for Convenience: A termination of all or part of a contract by a contracting officer if the contracting officer determines that termination is in the best interest of the County. 2.4.98 Termination for Default: A termination in whole or in part of a contract, at the option of the County, because of the contractor's failure to perform. 2.4.99 Unsolicited Proposal: A proposal to render services or construction or deliver goods to the County outside of a solicitation by the County. Unsolicited proposals should be evaluated by an appropriate Using Department in terms of need, price, and funds available. If funds are available and need is present, the Using Department may initiate an appropriate solicitation as provided by these regulations, based upon the unsolicited proposal. 2.4.100 Using Department: Any department, office, agency, or other person subject to the procurement requirements imposed under Chapter 11B, Montgomery County Code. 3.1 Contract Solicitations 3.1.1. A person working on a solicitation for the County must not release information concerning the solicitation to any unauthorized person until the solicitation is publicly issued. A person working on a solicitation, however, may obtain information from others for the purpose of determining the contents of the solicitation. 3.1.2. Formal Solicitation of Offers 3.1.2.1 Whenever the County engages in a solicitation process involving an IFB, RFP, or REOI, there must be public notice. The public notice should ordinarily include the solicitation document number, a description of the goods, services, or construction required, the name and telephone number of the person to be contacted for copies or information, and the due date and time for submission of offers. The Director determines how public notice is accomplished which may involve mailing to potential offerors. 3.1.2.2 The period of time from the date of public notice to the date a response is due is normally at least 30 days. Deviations from this normal period may be permitted if authorized by the Director. 3.1.2.3 Public notice concerning the solicitation should ordinarily be made available to a person on the bidder's list and any other persons identified by the Using Department. 3.1.2.4 The Director may grant deviations from these solicitation requirements. In authorizing the deviation, the Director must be satisfied that adequate competition is preserved to the extent possible. 3.1.2.5 Failure to provide a notification or solicitation document to a person, even if the person is named on the bidder's list or designated by the Using Department, does not affect the validity of the solicitation. 3.1.3 Receipt, Custody, and Opening of Offers 3.1.3.1 Receipt (a) All offers in response to formal solicitations must be timely received at the place designated in the solicitation document. (b) After receipt and identification of a timely response to a formal solicitation, the response should be immediately time-stamped and delivered as soon as practicable to a custodian designated by the Director. (c) A late response must be rejected and should be returned immediately to the person. 3.1.3.2 Custody of Offers (a) The custodian must keep the offers in a safe and secure place, and must deliver the offers at the time and to the place of opening specified in the solicitation document. During the custodianship of the offers, the custodian must maintain exclusive control and custody, and must not permit any person access to, or release any information concerning, these documents unless specifically authorized by the Director. (b) An offeror may request to withdraw a response to a solicitation at any time prior to the time set for the receipt of the offer for purposes of either resubmittal or complete withdrawal. This request must be received before the deadline for receipt of offers, in writing and directed to the Director, who has discretionary authority to approve the request and direct the custodian to release the appropriate offer to the offeror. 3.1.3.3 Opening of IFB's; Release of Information (a) Responses to IFB's must be opened on the date and time and at the place indicated in the solicitation documents, unless the Director determines that circumstances require a different date, time or place for opening. (b) The Director decides when the time set for opening bids has arrived and informs those present of that decision. The Director then: (1) publicly opens all bids received as of that time, (2) at the Director’s option, reads the bids aloud to the persons present, and (3) leaves a copy of the bid document in the bid room for review by interested persons for a reasonable period of time or makes arrangements for the furnishing of copies of these documents to interested persons. (c) No statement or comment made while opening the bids is binding on the County or has any effect with respect to interpretation of the solicitation documents or responses received. Opening bids is a ministerial function as part of a public process. 3.1.3.4 Opening of RFPs and REOIs; Release of Information (a) Responses to RFPs and REOIs are not publicly opened. After the date and time responses to these solicitations are due, the offers are opened under the direction of the Director. Thereafter, they are sent to the responsible Using Department for evaluation and ranking. The envelope in which a response to an RFP or REOI was received should be kept with the response by the Using Department until a final award is made and all appeals, if any, are resolved. (b) Until a proposed award for an RFP is posted, or a shortlist for an REOI is posted, all responses to RFPs and REOIs are confidential information and must not be released to the public. (c) A request to inspect offers and evaluations is subject to the Maryland Public Information Act. Offers and evaluations of offers are available for public inspection after a proposed award has been posted, in the case of an RFP, or after a shortlist has been posted, in the case of an REOI. Confidential commercial information and other information not subject to disclosure must not be publicly disclosed at any time. The County may require an offeror to designate which information is not subject to disclosure. As a condition of keeping the information confidential, the County may require an offeror to agree to defend and hold the County harmless if the information is not released at the request of the offeror. Information not expressly identified as confidential by the offeror may be released by the County. 3.1.4 Solicitation Cancellation 3.1.4.1 Before Time for Opening The Director may cancel a solicitation in whole or in part before the opening or due date when it is determined that this action is in the best interest of the County. This decision should be made only after consultation with the affected Using Department. 3.1 4.2 After Time for Opening The Director may cancel a solicitation in whole or in part after the opening or due date specified for opening when it is determined that this action is in the best interest of the County. The decision to cancel the solicitation may be based upon the following list of factors, among others: (a) All offers are non-responsive; (b) All offers are so excessively low or high as to indicate a defective statement of specifications that requires correction and reissuance of the solicitation; (c) Specification deficiencies are discovered; (d) None of the offers meet the County's requirements in terms of price or funds available; (e) Responses received indicate a problem in dissemination or communication of the solicitation (e.g. insufficient number received under the circumstances or inappropriate responses indicating misunderstanding of solicitation language); (f) Procurement requirements have changed; or (g) Other circumstances which indicate a failure of the solicitation process to promote full and fair competition. In making this decision to cancel a solicitation, the Director should consult with the affected Using Department. 3.1.4.3 Notice to Offerors The Director should communicate cancellation of a solicitation by a method determined in the Director's sole discretion to give appropriate notice to offerors of the cancellation in the earliest possible manner. Usually notice of cancellation should be posted in the same manner as posting a proposed awardee. Offerors are not entitled to any compensation in connection with cancellation of a solicitation. 3.1.4.4 Cancellation Final The decision to cancel a solicitation is final and is not subject to review. 3.2 Contract Awards 3.2.1 Upon receipt of responses to a formal solicitation and the Using Department’s evaluation of the recommendations regarding the offers, the Director may independently review and evaluate the solicitation responses. After consideration of the evaluation and recommendation of the Using Department, the Director may authorize negotiations simultaneously or successively with one or more offerors prior to making a proposed award to a specific offeror. Until a proposed award is posted by the Director, all information concerning the evaluation and recommendation is confidential. 3.2.2 After the Director’s approval of a recommendation of proposed award, the Using Department or the Director conducts appropriate negotiations as provided by these regulations. Upon completion of the negotiations and determination of a proposed contract awardee resulting from a formal solicitation, the Director must post a public notice showing the number of the solicitation and the name of the proposed contract awardee. The notice must be available for inspection by any offeror. The date of each award decision must also be indicated on the public notice. It is the responsibility of offerors to keep informed of the current status of the solicitation process. Public posting of a proposed award constitutes notice to all offerors of the proposed award. The Director may make such other communications with respect to a proposed award given the particular circumstances of the solicitation. 3.2.3 After the posting of a proposed award, the Director initiates the process which leads to the execution of a contract for the solicited services, goods, or construction. After all necessary approvals and clearances have been obtained, the contracting officer may execute the contract with a signature on behalf of the County. The intentional release of the fully executed contract constitutes a contract award. 3.3 Contract Documents A written contract document is required in connection with all procurements of goods, services, or construction in Montgomery County with the exception of direct purchases, Using Department reimbursable purchases, credit and debit card purchases and emergency procurements. 3.3.1 County Attorney Approval 3.3.1.1 All contracts, with the exception of direct purchases, petty cash purchases, emergency purchases, credit and debit card purchases, small purchases, and delivery orders against existing contracts, must be submitted to the Office of the County Attorney for review and approval. Ordinarily, the contract should be submitted to the Office of the County Attorney after signature recommending it by the Using Department Head and before signature by the prospective contractor and the contracting officer. The Office of the County Attorney may authorize exceptions for certain classes of contracts or give advance approval of specific contracts or classes of contracts that do not require review and approval by the Office of the County Attorney; this authorization must be in writing with a copy forwarded to the Director. 3.3.1.2 The Office of the County Attorney may approve, approve with conditions, or reject any contract submitted. If approved with conditions, all conditions must be satisfied prior to submittal to the contracting officer for signature. Any contract requiring County Attorney approval is voidable at the option of the County at any time, if County Attorney approval has not been obtained. 3.3.2 Signatures 3.3.2.1 All contracts, unless otherwise determined by the Director must contain the signature of the offeror and the signature of the contracting officer. The signature of the head of the Using Department recommending approval of the Contract should also be included. 3.3.2.2 Signatures of offerors and contractors must be in their correct legal form and must not be abbreviated to common usage or trade name form. All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of an offer or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor. Contracts that are not signed in compliance with these requirements are voidable at the option of the County. 3.3.2.3 Prior to the execution of the contract by the contracting officer, sufficient documentation of an encumbrance to cover the appropriate contract amount must be submitted to the contracting officer. Contracts may contain "subject to appropriation" conditions which authorize the contracting officer to execute the contract without encumbrance documentation, if approved by the Office of the County Attorney. The contracting officer must approve any reduction in an encumbrance after a contract is executed. 3.3.2.4 A Notice to Proceed under a contract must not be issued until the contract is awarded. 3.3.2.5 Original contract signatures must be in ink, unless otherwise authorized by the Office of the County Attorney. When volume of signatures or time is a consideration, a facsimile signature may be authorized by the person whose signature is represented by the facsimile. Facsimile signatures may be used only under conditions authorized by the Director. 3.4 Records Retention 3.4.1 Under the Director's supervision and at the Director's direction, contract records must be retained by Departments which have responsibility for their original compilation for such period of time and under such conditions as determined by the Director. The Director must maintain all other contract records. 3.4.2 All contract records must be maintained for a minimum of 5 years after the latest date of completion of a contract or date of final payment whichever is later. 3.4.3 The Director may develop and issue minimum standard formats and procedures for procurement and contract administration records. 4.1 Description of Source Selection Methods 4.1.1 Formal Solicitations — Invitation for Bid (IFB) 4.1.1.1 General An IFB is a formal solicitation by which competitive sealed bids are invited through a public notice procedure which results in an award to the lowest responsible, responsive offeror. 4.1.1.2 Use IFBs are normally used when the procurement is for construction, goods, or non-professional services. An IFB is used for procurements valued at $100,000 or more. An IFB may be used for professional services if the Director determines that: (a) Specifications are defined in sufficient detail to allow a contract award without further need to clarify the scope of work; and (b) The ability of the offeror may be established through criteria such as years of experience, licenses held, degrees awarded, or other objectively measurable criteria. 4.1.1.3 Contents An IFB should include the following information: (a) Instructions to offerors in a form authorized by the Director. (b) A notice of the date, time and place for submission of the bids and for the bid opening, and a statement of the number of copies required to be submitted. (c) The date, time, and place where the pre-bid conference, if any, will be held. (d) The identity and telephone number of a contact person within the Using Department for technical information pertaining to the solicitation. The identity and telephone number of a contact person in the Office of Procurement for administrative information relating to the solicitation. (e) A description of or specification (including any plans or designs) for the construction, goods, or services that are to be procured, with sufficient specificity and detail to permit full and free competition and direct incorporation into a contract document without need for further change or amendment. (f) A concise explanation of the method of the award, e.g., whether the award is based on the lowest bid price, the lowest evaluated bid price, or some other cost or price criteria, whichever is applicable. If an evaluated bid price is used, the objective measurable criteria to be used must be set forth in the IFB. These criteria may include: (1) length of the usable life of the particular goods as compared to competitive goods; (2) the degree and quality of services; (3) the environmental impact of the goods and services being offered; (4) the resale value of the goods; and (5) the operating costs associated with the goods such as: (A) availability, cost, quality, and delivery of parts (B) availability and cost of service; and (C) cost of maintaining a spare parts inventory. In addition, where alternates are solicited, the IFB must specify whether alternates will be considered in the evaluation of the bid and, if so, must indicate the basis for utilization of alternates in arriving at a determination of the lowest bid price or the lowest evaluated bid price. (g) A listing of all required submissions by the offeror including samples, descriptive literature, and all other submissions which, if missing from the solicitation response, are grounds for disqualification as being non-responsive. (h) All mandatory clauses. (i) Optional provisions applicable to the particular procurement involved, as appropriate. (j) A statement of the MFD requirements, if applicable, as authorized by the Director. (k) Insurance and bond requirements, if applicable. (l) A provision that requires acknowledgment by offerors of all solicitation amendments. (m) Information pertaining to delivery and performance under the contract. (n) An identification of the administrators of the contract, a statement of requirements for inspection and acceptance by the Using Department and a delineation of authorities and responsibilities of the Using Department with respect to the contract (i.e. authority to recommend payment of invoices, non-authority to amend the contract, etc.). (o) A statement that the bid may be accepted within 120 days (or such other time as approved by the Director) from the date of opening of the bids. (p) All IFBs must provide appropriate spaces for: (1) All bid prices which must be the basis for the award; and (2) Signature by a person authorized to bind the offeror to the bid, indicating agreement with all provisions of the IFB. 4.1.1.4 Procedure (a) IFBs are issued and public notice given under the direction of the Director. (b) Responses to the IFB are received by the Director, as specified in the solicitation, time-stamped, and publicly opened. (c) Bids are tabulated and forwarded to the Using Department for evaluation when deemed appropriate by the Director or when specifically requested by the Using Department Head. (d) The Director may require the Using Department or other person to evaluate the bids in accordance with the method of award criteria, and for responsiveness and responsibility, and forward recommendations to the Director. These recommendations must include an evaluation regarding the reasonableness of the proposed award prices. If retained by the Director, the Director evaluates the bids in accordance with the method of award criteria, and for responsiveness and responsibility. (e) In the case of tie bids, the Director resolves a tie by application of the following criteria in the order stated: (1) Making a proposed award of the contract to the bidder who has its principal place of business in Montgomery County; (2) Making a proposed award of the contract to the bidder who is a certified MFD business prior to submitting a bid; (3) Drawing of lots with representatives of the firms involved invited to be present. (f) The Director reviews the recommendations of the Using Department and, if necessary, conducts an independent review of the bid responses, and makes a proposed award decision. (g) The name of the proposed contract awardee or notice of IFB cancellation is posted on a public notice by the Director. (h) The Director reviews the contract for conformance to the requirements of the Office of the County Attorney. (i) The Director ensures the encumbrance of required funds, as appropriate, and executes the contract on behalf of the County. The Director provides for distribution of copies of the contract to the Using Department and the contractor. 4.1.2 Formal Solicitation — Best Value Procurement — Request for Proposals (RFP) 4.1.2.1 General An RFP is a formal solicitation for competitive sealed proposals. Proposals are not publicly opened. An RFP is a procurement process in which quality and price are balanced to obtain the best value for the County. Final costs and scope of work are subject to negotiation after the proposals are received and before the contract is awarded unless otherwise stated in the RFP. 4.1.2.2 Use (a) An RFP is used for the procurement of professional services. (b) An RFP is utilized when (1) a Using Department can generally formulate the scope of work or specifications for the services or system to be acquired; (2) there are known sources of supply; (3) competition is anticipated; and (4) the procurement is valued at $100,000 or more. (c) An RFP is used when other considerations as well as cost are valid criteria in the evaluation of offers. (d) An RFP may also be used for the procurement of construction, goods, or nonprofessional services when the County determines that the use of evaluation criteria authorized for use in an RFP would promote the best interests of the County. Approval to use an RFP instead of an IFB for the procurement of construction, goods, or nonprofessional services must be obtained from the Director. 4.1.2.3 Contents An RFP should include the following information: (a) A notice of the date, time and place for submission of proposals and a statement of the number of copies required to be submitted. (b) The date, time, and place where a pre-proposal conference, if any, will be held. (c) The identity and telephone number of a contact person within the Using Department for technical information pertaining to the solicitation. The identity and telephone number of a contact person in the Department of General Services, Office of Procurement, for administrative information relating to the solicitation. (d) A brief description of the project and scope of work. The scope of work should be described with sufficient specificity and detail to permit full and free competition. (e) A concise explanation of the method of award that includes identification of all criteria and relative weights for each criterion. (1) The Using Department, however, may choose not to publish relative weights for each criterion, in which case the Using Department must indicate to the Director its decision to maintain the weights as confidential until after award and, on a separate document, forward the relative weights to the Director. If oral interviews are contemplated, the objective criteria for determining when, how many, and which offerors are eligible for the interview stage must be specified. (2) An explanation of point scoring for screening and interview steps must also be included (e.g. an explanation of the relationship between written submissions and oral interview evaluations). (3) If the Using Department determines that guidelines would assist the QSC in evaluating an award criterion, the Using Department must develop scoring guidelines for that criterion for use by the QSC. Normally the Using Department should develop guidelines for a cost criterion. If the Director requests, the Using Department must send the Director a copy of the scoring guidelines with the QSC evaluation. These guidelines are confidential until a proposed award is posted. (4) The RFP may contain a minimum score which establishes a threshold that an offeror must achieve in order to be considered for an award under the RFP. In the alternative, the RFP may provide for a multi-step process, each step constituting a pre-qualification process (e.g., top five rated offerors based on scoring of written evaluations proceed to a final evaluation stage which may include cost competition or oral interviews). (5) Evaluation criteria may include: (A) General experience and technical competence. (B) Past performance record on other County projects. (C) Related experience on similar projects. (D) Compatibility of size of firm with size of proposed project. (E) Knowledge of local conditions, codes and ordinances where such knowledge is essential to the proper performance of the contract. (F) Current total workload of the offeror and the capacity to accomplish the proposed work in the required time. (G) Special familiarity with project or project site. (H) Special qualifications, experience, design approach, etc. (I) Originality and design quality of previous work. (J) Adequacy of office facilities where services will be rendered. (K) Involvement of consultant's management and participation of key officials in the project. (6) Evaluation criteria must include appropriate cost factors. Points assigned to the cost criterion must be contained in the decisive selection step (e.g., final interview stage or last screening step when no interviews are held). The cost criterion may be contained in earlier steps in the selection and evaluation process, if the points in that earlier step are part of the final total point score. At least 10 percent of the total points for all evaluation criteria must be assigned to the cost factor. Ten percent is a minimum value and may only be used with the approval of the Director; Using Departments should use, in appropriate procurement situations, a cost selection factor greater than ten percent. An RFP may provide for a selection process that requires each offeror who meets a pre-established score to compete for designation as the top-ranked offeror on the basis of price alone. A price submission under this process must be submitted in a sealed offer. If required in the RFP, the price offer must be binding on the offeror. The RFP may require that the price offer be submitted at any point during the evaluation process. Hourly rates for personnel, cost data, and proposed costs must include all multipliers and overhead charges (e.g., General and Administrative overhead, profit, etc.). (7) As an alternative to including a cost criterion, a Using Department may utilize a pre-planned cost negotiation process if authorized by the Director. The pre-planned cost negotiation process allows the Using Department to negotiate with the top ranked offeror under a process which ensures a fair and reasonable cost for the contract. This process includes a written analysis, supported by appropriate documentation, of reasonable cost or ranges of cost for each category of goods or services and an estimated value of the entire contract work. This analysis must be provided to the Director by the Using Department prior to opening of the proposals. The Using Department negotiates the price of the contract with the top-ranked offeror; the price should fall within the amount estimated in the Using Department's analysis. (8) References must not be used as an evaluation criterion. (f) All mandatory clauses. (g) Optional provisions applicable to the particular procurement involved, as appropriate. (h) A statement of the MFD requirements, if applicable. (i) Insurance and bond requirements, if applicable. (j) A provision which requires acknowledgment of all amendments or addenda by offerors. (k) Information pertaining to delivery and performance under the contract. (l) An identification of the administrators of the contract, a statement as to requirements for inspection and acceptance by the Using Department, and a delineation of authorities and responsibilities of the Using Department with respect to the contract (i.e., authority to recommend payment of invoices, authority to review the work and approve it, non-authority to amend the contract, etc.). (m) A statement that the proposal may be accepted within 120 days (or such other time as approved by the Director) from the date established for receipt of offers. (n) In the RFP, the Using Department must provide an appropriate space for signature by a person authorized to bind the offeror to the proposal, indicating agreement with all terms and conditions of the proposal. 4.1.2.4 Procedure (a) RFPs are issued and public notice given under the direction of the Director. (b) Without public opening, the Director forwards timely received proposals to the Using Department for evaluation. (c) The Using Department establishes the QSC members, with the written approval of the Director. Each member of the QSC must be an employee of a public entity, unless specific authorization is obtained from the CAO for another to serve on the QSC. Unless otherwise provided in these regulations, the committee must be composed of an odd number of members and must have at least three members. (d) The Director may add members to the QSC when appropriate to enhance the ability of the QSC to fairly and objectively evaluate the proposals. When the Director adds members to the QSC, the composition of the QSC does not need to remain an odd number. (e) The QSC evaluates all proposals received from the Director, in accordance with the evaluation criteria, and reviews offerors for responsibility. (1) The chair of the QSC is responsible for assuring that the proper evaluation procedures are followed by the QSC. Questions regarding specific procedural issues should be referred by the chair to the Director. Decisions of the QSC must be determined by majority vote. (2) Although each member of the QSC must exercise independent and impartial judgment in evaluating a proposal, the QSC must award to each offeror a single score for each criterion. The score should be issued on such information as a reasoning mind might accept as adequate to support the score. It is within the QSC’s province to resolve conflicting information regarding a potential awardee and, where inconsistent inferences can be drawn, it is for the QSC to draw those inferences. (3) The evaluation must be based solely on the material presented to the entire QSC pursuant to the submission requirements of the RFP. Accordingly, each member of the QSC must be present during such evaluation procedures as site visits, demonstrations, and interviews. (4) Each member of the QSC must participate, and vote in the scoring of each proposal. If a member of the QSC does not complete the evaluation process, the Director must determine how the QSC evaluation process must proceed. The Director may establish a process that will maintain a fair and competitive evaluation process including: (A) Requiring the remaining members to proceed with the evaluation; (B) Requiring that scores already awarded be adopted; (C) Appointing a new member to the QSC; (D) Requiring the QSC to evaluate proposals anew; and (E) Convening a new QSC. (5) A member of the QSC may not participate in the evaluation and selection process if that member cannot render an independent and impartial judgment because of a relationship with an offeror. Each member of the QSC must certify in writing that: (A) the member has used independent and impartial judgment as a member of the QSC; (B) that the member has complied with the requirements of: (i) Section 19A-11, Montgomery County Code, which prohibits participation in matters where there is a conflict of interest; (ii) Sections 19A-12 and 11B-52, Montgomery County Code, which prohibit employment relationships between a County employee and an offeror; (iii) Section 19A-15, Montgomery County Code, which prohibits the disclosure of confidential information; (iv) Sections 19A-16 and 11B-51, Montgomery County Code, which prohibit the solicitation or acceptance of gifts from offerors; and (C) no relative or member of the QSC’s household (as both terms are defined in the Montgomery County Public Ethics Law) will be affected by any contract awarded under the solicitation. (6) The formal meetings of a QSC during which proposals are evaluated are closed to non-QSC members. (7) The QSC may at any time meet with other County staff as to procedures, standards, and technical information relative to the solicitation, but not regarding the content of specific proposals. (8) The QSC may meet with County staff and a consultant regarding a solicitation, including the contents of a specific proposal, with the specific concurrence of the Director. (f) In the case of a tie in the numerical QSC scored, the Director resolves the tie by application of the following criteria in the order stated: (1) the offeror who has its principal place of business in Montgomery County; (2) the offeror who is a certified MFD business prior to submitting a proposal; (3) Drawing of lots with representatives of the firms involved invited to be present. (g) After the QSC ranks the offerors, the QSC must forward the recommended ranking to the Using Department Head, including a recommendation of the responsibility of the recommended proposed awardee. (h) The Using Department Head reviews and forwards the QSC recommendation with concurrence, objection, or amendment to the Director. The Using Department Head may also recommend cancellation of the procurement. These recommendations must be accompanied by QSC conflict of interest certifications and a score sheet summarizing the scores awarded by the QSC to each offeror. (i) The Director approves, approves with conditions, or rejects the recommendations and supporting documentation. If the Director agrees with the recommendation of the Using Department Head, the Director may proceed immediately to authorize negotiations. If the Director approves the Using Department Head’s recommendation for proposed award with conditions, the Using Department must satisfy the conditions and provide appropriate documentation of compliance to the Director, prior to commencing contract negotiations. If the Director rejects the using Department Head’s recommendation for proposed award, the RFP package is returned to the Using Department Head for further action as indicated by the Director. (j) After the Director’s approval of a recommendation for proposed award, the Director or the Using Department negotiates the contract with the proposed awardee prior to making a proposed award. The Using Department is responsible for coordination of MFD compliance review with the Director. If a contract cannot be successfully negotiated with the proposed awardee, the Using Department will proceed to negotiate with the next highest ranked offeror after obtaining approval from the Director. (k) If the Director approves, negotiations may be held simultaneously or successively with one or more offerors prior to making an award. (l) The Director must post public notice of the name(s) of the proposed awardee(s). Public notice also is required in the event of solicitation cancellation. (m) After the Director has posted the proposed award and has ensured the encumbrance of required funds, the Director may execute the contract on behalf of the County. The Director provides for distribution of copies of the contract to the Using Department and the contractor. (n) A Notice to Proceed, if necessary, is issued by the authorized government official, pursuant to provisions of the contract. 4.1.3 Abbreviated Formal Solicitations 4.1.3.1 General An abbreviated formal solicitation is a method for obtaining competitive sealed bids or competitive sealed proposals by using an abbreviated formal solicitation process. 4.1.3.2 Use An abbreviated formal solicitation may be used if the Director finds: (a) the estimated value of the procurement, including any extension, is $200,000 or less; and (b) the abbreviated formal solicitation process is in the best interest of the County. 4.1.3.3 Procedure (a) If the solicitation would normally be accomplished under an IFB, the following changes are made to the IFB process: (1) The Department of General Services, Office of Procurement, issues notice of the IFB to at least 25 randomly selected potential bidders on the bidder’s list or all of those on the bidders list, whichever is smaller. The Department of General Services, Office of Procurement, may also issue notice to additional potential bidders. At least 20%, if available, of those who are sent notice of the IFB should be minority owned businesses. The previous supplier of the goods, services, or construction being acquired should also receive notice of the IFB. (2) The IFB should allow a bidder a minimum of 10 days in which to submit a bid. (b) If the procurement would normally be accomplished under an RFP, the following changes are made to the RFP process: (1) The Department of General Services, Office of Procurement, issues notice of the RFP to at least 25 randomly selected potential offerors on the bidder’s list or all potential offerors on the bidder’s list, whichever is smaller. The Department of General Services, Office of Procurement, may also issue notice to additional potential offerors. At least 20%, if available, of those who are sent notice of the RFP should be minority owned businesses. The previous contractor who supplied the goods, services, or construction being purchased should receive notice of the RFP. (2) The RFP should allow an offeror a minimum of 10 days in which to submit a proposal. 4.1.4 Formal Solicitations — Request for Expressions of Interest (REOI) 4.1.4.1 General An REOI is a formal solicitation for competitive sealed responses containing qualifications and other requested information from prospective sources of the County's requirements. An REOI is initiated to obtain essential procurement information needed to prepare a subsequent solicitation. The purpose of an REOI is to develop a ready source of potential offerors who can respond within a short time frame to the subsequent solicitation. An REOI may be used to resolve technological or programmatic questions relative to how requirements can best be supplied. Responses to REOIs are not publicly opened and are analyzed in accordance with evaluation criteria set forth in the REOI for the purpose of developing a shortlist of prospective offerors. Evaluation criteria contained in an REOI should be confined to technical considerations and expertise, and should not ordinarily contain considerations of cost. 4.1.4.2 Use (a) REOIs are used where sources of supply are not readily identifiable and there is a need to define both sources of supply and qualified interest in meeting certain County needs. (b) REOIs are used when the end result or product has been generally articulated by the County, but the technical approaches or specifications for the product are not sufficiently defined to insure effective competition. (c) REOIs are used when there are continuing procurement needs in certain technical areas and readily available qualified sources of supply are necessary to meet timely government requirements. Once the sources of supply are identified, they may be the exclusive sources to which expedited solicitations are directed. 4.1.4.3 Contents An REOI should include the following information: (a) A notice of the date, time and place for submission of proposals and a statement of the number of copies required to be submitted. (b) The date, time and place where a pre-submission conference, if any, will be held. (c) The identity and telephone number of a contact person within the Using Department for technical information pertaining to the solicitation. The identity and telephone number of a contact person in the Department of General Services, Office of Procurement, for administrative information relating to the solicitation. (d) A brief description of the project desired and a statement of parameters within which the services are to be rendered. Such description should contain sufficient detail to constitute meaningful notice to potential suppliers and to facilitate responses. (e) A concise explanation of the method of ranking and shortlisting, which must include identification of all evaluation criteria and relative weights for each criterion. Evaluation criteria may include those criteria used to evaluate proposals in response to an RFP. Evaluation criteria for REOIs should not normally include cost factors. If oral interviews are contemplated, the objective criteria for when, how, and which respondents are eligible must be specified. An explanation of point scoring must also be included (e.g. the relationship between written submissions and oral interview evaluations). The REOI may contain a minimum score which establishes a threshold that an offeror must achieve in order to be considered for inclusion on the shortlist. (f) A statement of the maximum number of respondents to be included in the shortlist or objective criteria by which a cut-off is established. (g) The REOI should also specify the method by which subsequent contract awards are to be made under the shortlisting which results from the REOI, e.g., IFB or RFP. (h) A provision that requires acknowledgment by offerors of all solicitation amendments. (i) A statement of the period of time that the shortlist is effective and subject to subsequent solicitations or identification of a specific subsequent solicitation to which the shortlist is applicable. (j) In the REOI, the Using Department must provide a specific place for signature by the person authorized to bind the responding firm to its expression of interest, including all representations made and information furnished in response to the REOI. 4.1.4.4 Procedure A procurement pursuant to an REOI is accomplished by the subsequent issuance of one or more solicitations, as stated in the REOI document. The REOI solicitation is accomplished by the following steps: (a) REOIs are issued and public notice given under the direction of the Director. (b) The Director forwards, without public opening, timely proposals received by the Director to the Using Department for evaluation. (c) The QSC evaluates the proposals received from the Director, in accordance with the evaluation criteria, reviews offerors for responsibility, and forwards its recommendations to the Using Department Head. The QSC evaluation process and QSC certification which applies to an RFP also applies to evaluation of an REOI proposal. (d) In the case of a numerical score tie for the last cut-off position (e.g. a tie at 5th place when top five are shortlisted), all firms tied at that position are added to the shortlist. (e) After Director approval, the names of the proposed shortlisted firms are placed on a public list by the Director. (f) For purposes of subsequent solicitations, there is no ranking within the shortlist, and all firms contained on the shortlist are to be considered of equal merit. A shortlist established by an REOI constitutes the exclusive pool of prospective offerors for future solicitations specified in the REOI. (g) When appropriate and pursuant to the terms of the REOI, the Using Department initiates one or more solicitations for distribution to the entire shortlist resulting from the REOI. Each solicitation must meet all requirements of these regulations, including MFD requirements as appropriate. (h) The Director may authorize the Using Department to negotiate a contract with a responding firm without issuing a subsequent solicitation if: (1) only one firm responded to the REOI; and (2) the Director makes a determination and finding that negotiation is in the best interests of the County. 4.1.5 Competitive Negotiation 4.1.5.1 General Competitive Negotiation is a negotiation process that is authorized pursuant to Chapter 11B, Montgomery County Code. It is a method of procurement which may take place only after an IFB or RFP has failed to produce acceptable bids or proposals and only after a determination and finding by the Director that further competitive bidding would be impractical and not in the best interest of the County. It is an attempt to negotiate a contract to meet, as nearly as possible, County requirements. 4.1.5.2 Use Competitive negotiation is used when the Director determines at least one of the following exists after the required solicitation: (a) No bids or proposals are received by the time and date specified in the solicitation; (b) Only one bid is received; (c) The Director has determined that none of the bids or proposals received are acceptable; (d) None of the bids or proposals received meets County price or budget limitations, including fairness and reasonableness of price; or (e) The Director has determined that none of the offerors are responsible. 4.1.5.3 Procedure (a) Prior to the commencement of negotiations, the Director must notify by public listing the County's intent to negotiate a contract under this section. (b) Competitive negotiations may be accomplished as follows: (1) Where no timely bids or proposals are received or only one timely bid is received, negotiations may take place concurrently with all those solicited who indicate a desire to participate in the negotiations, after notice by public posting and other informal communications inviting participation deemed appropriate by the Director; (2) Where bids or proposals are received, negotiations may be held with the bidder or proposer who most nearly complies with the County's requirements (including price) to attempt to reach and negotiate an acceptable offer. If negotiations fail with the most qualified bidder or proposer, negotiations may proceed to the next most qualified bidder or proposer, upon authorization from the Director. 4.1.6 Open solicitation 4.1.6.1 General An open solicitation is a process by which the County accepts applications for a contract on a continuing basis and awards a contract to each applicant who meets pre-established objective qualifications. An open solicitation permits the County to receive and act on an application for a contract award on a continuing basis. 4.1.6.2 Use An open solicitation is used when the County desires to award a contract to all persons who meet pre-established objective qualifications. Examples of when an open solicitation might be used are: (a) Obtaining instructors for teaching classes to the general public under programs sponsored by a Using Department; (b) Obtaining participants in a grant program sponsored by a Using Department; (c) Providing goods or services to clients identified by a Using Department, if: (1) the client selects the source of goods or services; or (2) the client referred is based on an objective method (e.g., rotating basis, geographical proximity); and (d) Obtaining goods or services under a requirements contract if the Using Department selects the source by an objective method (e.g., rotating basis, geographical proximity). 4.1.6.3 Procedure (a) The Using Department submits to the Director for approval of a plan which: (1) Provides for periodic public notice inviting potential contractors to apply for a contract; (2) Establishes an application process for a potential contractor to follow in order to obtain a contract under the open solicitation; (3) Establishes the objective qualifications for potential contractors; (4) Uses a pre-approved form contract which each successful contractor will be required to execute; and (5) Ensures that the cost of all contracts entered into under the plan will not exceed available appropriated funds. (b) The Director, or if authorized by the Director the Using Department Head, may award a contract to a person who meets the pre-established objective qualifications under the open solicitation if the solicitation and contract are consistent with the plan approved by the Director. 4.1.7 Informal Solicitation — Mini-Contract 4.1.7.1 General A mini-contract is a contract for professional and, under special circumstances, non-professional services valued above $10,000 and under $100,000 which is the result of an informal solicitation process. Each informal solicitation notice must be posted on a County website in accordance with Section 11B-17A. The solicitation process requires, at a minimum, documented oral or written contact with prospective offerors, documentation of MFD efforts, and documentation of the results of that contact. A mini-contract is not subject to renewal or amendment for the purpose of increasing its value beyond the maximum limit. 4.1.7.2 Use (a) A professional services mini-contract is used for the procurement of professional services. (b) A mini-contract may be used for non-professional services, goods, or construction valued above $10,000 and less than $100,000 if the Director determines that the use of evaluation criteria other than price would promote the best interests of the County. (c) This source selection method may not be used when the total expenditure (including all extensions) for the project or services to be procured is expected to equal or exceed $100,000. Using Departments may not divide contracts (splitting) for the purpose of avoiding the $100,000 limit. 4.1.7.3 Contents A mini-contract should include the following: (a) Mandatory clauses. (b) An identification of the contractor and a signature which binds the contractor to the contract. (c) A clear and concise statement of the scope of work to be performed under the contract. (d) A statement of the term of the contract or dates for initiating and completing performance or both. (e) A statement of compensation to be received under the contract, including all payment provisions. (f) Such additional information with respect to contract performance as is required for the particular contract. (g) Where there is a written proposal received from the successful offeror, the Using Department may utilize a form that references the proposal and incorporates the applicable mandatory clauses. This form must be in a form approved by the Office of the County Attorney. 4.1.7.4 Procedure (a) The Director must provide the Using Department with the names of 5 randomly selected potential offerors selected from the bidder's list or all potential offerors on the bidder's list, whichever is smaller. One of the potential offerors selected by the Director should be a minority owned business. One of the potential offerors identified by the Director should be the previous supplier of the services, goods, or construction being acquired. The Using Department must attempt to contact each potential offeror identified by the Director. The Using Department may also contact additional potential offerors identified by the Using Department. The Using Department must document fully the contact including recording the name of the firm contacted, the name of the person and position within the firm contacted, and the response received. The contact may consist of oral or written communication. With respect to each offer received, the Using Department must document: (1) whether the offeror indicated a willingness and ability to meet the scope of work in a timely manner; (2) the price quoted for the services to be rendered; and (3) other information pertinent to the procurement decision. (b) The Using Department makes a determination concerning the most advantageous awardee considering price and other pertinent factors. The Using Department must document the basis of the selection and negotiate a contract with the preferred offeror. (c) The Using Department forwards the executed contract to the Director with all required documentation, including a forwarding memorandum signed by the Using Department Head stating that: (1) the competitive requirements of this type of procurement have been met; (2) the price is fair and reasonable for the services to be rendered; (3) the offeror is responsible; (4) all attempts to procure MFD contracting including the MFD status of the successful awardee; and (5) the selection, based on price and other considerations, was in the best interest of the County. A purchase requisition document should accompany the executed contract. (d) The Director receives the contract from the Using Department, ensures the encumbrance of required funds as appropriate, reviews the contract for compliance with the requirements of these regulations, and executes the contract on behalf of the County. The Director may refer any contract to the Office of the County Attorney for review. The Director distributes copies of the contract to the Using Department and the offeror. 4.1.8 Informal Solicitation — Small Purchases 4.1.8.1 General A small purchase is an informal solicitation for goods, construction or services valued above $10,000 under $100,000. The small purchase is a solicitation initiated by the Using Department, which is responsible for ensuring appropriate informal competition and appropriate documentation. This source selection method should preserve competition on an informal basis and an award must be based on price, responsiveness, and responsibility. The Using Department must contact at least 5 randomly selected potential offerors selected from the bidder's list or all potential offerors from the bidder's list whichever is smaller. At least one of the potential offerors to be selected should be a minority owned business. The Using Department should include among those contacted the previous supplier of the goods, construction or services being acquired. Each informal solicitation notice must be posted on a County website in accordance with Section 11B-17A. This source selection method may not be used when the total expenditure (including all extensions) for the goods, construction, or services to be procured is expected to exceed $100,000. Using Departments may not divide contracts (splitting) for the purpose of avoiding the $100,000 limit. 4.1.8.2 Contents A small purchase consists of a purchase order document with the successful offeror in a form approved by the Office of the County Attorney. The purchase order document should contain, at a minimum, a clear statement of specifications to be met, delivery schedules and other performance requirements, a statement of compensation to be received by the bidder with payment provisions, and signatures by the offeror and the Director. The purchase order document must also contain mandatory clauses as required by the Office of the County Attorney. In the case of telephonic communications authorized by the Director, a signature from the offeror is not required. When a written proposal is received, a signature on the written submission from the offeror is sufficient. 4.1.9 Direct Purchases 4.1.9.1 General A direct purchase is an informal procurement of construction, goods or services with a total value of no more than $10,000. Competition should be preserved with this method to the extent practicable. Procurements with MFD and LSBRP firms are encouraged. Subject to revision by the CAO, the direct purchase is handled pursuant to the direct authority of a Using Department Head who is solely responsible for making a proper purchase under these procedures. The Using Department Head must seek fair and reasonable prices for all construction, goods and services obtained under this method. 4.1.9.2 Use Direct purchases are used to secure goods, construction, or services, when the value of the purchase is not greater than $10,000. Direct purchase procedures may be used even if the construction, goods and services to be obtained are covered by any existing requirements contract with the County. The Using Department should consult with the Director to ascertain the existence of relevant alternative sources. Purchases which in the aggregate would exceed the limit on this type of procurement may not be subdivided or split to procure within the direct purchase limitations. When the need for a particular product or service occurs within a reasonable time frame and can be consolidated, the purchase must be consolidated and not subdivided. 4.1.9.3 Contents (a) A direct purchase consists of (1) a Request for Payment form directed to the Department of Finance, Division of Accounts; and (2) an invoice or receipt from the vendor. (b) The Request for Payment form must, at a minimum, contain the name and address of the offeror to be paid, signature of the Using Department Head and a description of the construction, goods or services procured and the appropriate account code. (c) By signing the Request for Payment form, the Using Department Head certifies: (1) The purchase is necessary. (2) Funds for the purchase have been appropriated and are available. (3) The purchase is not covered by any existing requirements contract with Montgomery County, unless authorized by the Director. (4) The purchase is of a complete and distinct item or service, not related to another or easily combined with another, and the purchase is not of a continuing, repetitious, or periodic nature (large orders may not be subdivided to avoid limits of this procedure). For purposes of this affirmation, substantially similar items are considered to be equal. (5) The price is fair and reasonable. 4.1.10 Petty Cash 4.1.10.1 General A petty cash purchase is an informal purchase of goods or services by an employee which is authorized by the Using Department Head and for which the employee is reimbursed by a petty cash voucher executed by an authorized Using Department representative. This method of procurement may not be utilized when the total value of the goods or services exceeds $100. 4.1.10.2 Use Petty cash purchases are used when the goods and services are valued at $100 or less and there is a Using Department authorization for the expenditure and reimbursement. This purchase may be authorized by the Using Department and utilized when immediacy or administrative convenience is a paramount need of the Using Department. 4.1.10.3 Contents A petty cash purchase consists of: (a) a receipt for the goods and services purchased; and (b) a properly completed and executed petty cash voucher which identifies the expenditure and contains the authorizing signature of an authorized government official. 4.1.11 Emergency Procurements 4.1.11.1 General An emergency procurement is an informal procurement of goods, construction, or services required as a result of an emergency, i.e., any dangerous condition or unforeseen curtailment, diminution or termination of an essential service which poses an immediate danger to health, life or property. An emergency procurement may be authorized by the Director if the Director is available to authorize the procurement, or by the Using Department Head if the Director is unavailable. The emergency procurement requires documentation of the facts that constitute the emergency. Procurements under this section are limited to those goods, construction, or services required to meet the emergency, and must be made with competition to the extent practical under the circumstances. 4.1.11.2 Use An emergency procurement is used when there exists facts, properly documented, which constitute an emergency. 4.1.11.3 Contents (a) If the Director authorizes an emergency procurement, the Using Department Head must send the Director a memorandum within 5 days after receipt of oral or written authorization to undertake an emergency procurement. The memorandum must include a complete description of the facts and circumstances of the emergency and a description of the goods or services obtained, including the actual price or a not-to-exceed amount. The Using Department Head should deliver a copy of the memorandum to the CAO as soon as practicable. (b) If the Using Department Head authorizes an emergency procurement, the Using Department Head must forward within 5 days the memorandum described above to the Director and the CAO. The memorandum must also contain the date of the authorization and name and title of the authorized government official who authorized the emergency procurement. (c) Whenever practical, the Using Departments should, in making an emergency procurement, use contract documentation required for a mini-contract or a small purchase. Other types of documentation may be used (e.g., direct purchase) if authorized by the Director. Copies of documents must be furnished to the Director. 4.1.11.4 Authority If the Director is not available, the Using Department Head may authorize an emergency procurement and issue a contract. These persons are authorized to take expeditious action to ensure timely contractor performance to meet the emergency. Contract issuance authority includes authority to sign contract documents that bind the County. 4.1.12 Non-Competitive Procurements 4.1.12.1 General A non-competitive procurement is the acquisition by contract of a valid County requirement without prior public notice and without competition. 4.1.12.2 Authority (a) The Director may make a non-competitive award unless the non-competitive award is based on a sole source justification and the estimated value of the award is above $100,000. If the estimated value of the non-competitive award based on a sole source justification exceeds the threshold for an IFB or RFP, the CRC may approve a non-competitive award after considering the justification from the Using Department. A non-competitive award must be based on a determination and finding. (b) The Director may make a non-competitive award for maintenance or support of software during the useful life of the software originally purchased, if there is only one source for the required maintenance or support of the software. The one source must meet the minimum valid needs of the County. 4.1.12.3 Use A non-competitive procurement may be made if the non-competitive award serves a public purpose and one or more of the following factors exist: (a) There is only one source for the required goods, service, or construction which can meet the minimum valid needs of the County. The basis for identifying a sole source includes: (1) Proprietary, patented, or copyrighted items or information are available from only one source; (2) The valid performance or delivery due dates required by the County can be met by only one source; (3) The required compatibility of equipment, accessories, software, or replacement parts can be met by only one source; (4) The County requires for trial use or testing an item or service available from only one source; (5) Required public utility services are available from only one source; or (6) A continuous series of procurements from a single source over a period of time is advantageous as demonstrated by a cost benefit analysis demonstrating that considerations of training, replacement parts, and compatibility with existing capital investments justify the use of a sole source. (b) The County requires goods or services for potential or pending litigation, condemnation, or collective bargaining. (c) A contractor or subcontractor has been specifically identified in a grant accepted by the County. (d) A proposed contractor has been identified in a grant resolution approved by the Council. 4.1.12.4 Contents A non-competitive procurement must contain, at a minimum, the following documentation: (a) A contract which includes specifications reflecting the minimum valid needs of the County. The specifications must be narrowly drawn so as not to exceed the reason which justifies the non-competitive award. (b) A memorandum from the Using Department Head to the Director which contains a full explanation and justification for the non-competitive procurement. 4.1.13 Standardized Procurements 4.1.13.1 General A standardized procurement is a purchase of goods that the CRC determines to be equipment for which standardization and interchangeability of parts is necessary or is otherwise in the public interest. A standardized procurement should include competition when reasonably available. Standardization approval must be for a stated period which bears a reasonable relationship to the life of the equipment and the specialized training or specialized equipment necessary to service and maintain the standardized item. A standardization decision includes a decision to procure compatible parts, equipment, services and training. 4.1.13.2 Use Standardization may be used when: (a) Goods will be purchased repetitively over a period of time which will require or affect compatibility purchases over an extended period of time. (b) Standardization will appreciably reduce the variety and quantity of parts that must be carried in stock in order to properly maintain the equipment. (c) Standardization will produce demonstratable savings in training personnel or in acquiring technical literature and enhance the expertise of personnel in the use or maintenance of the standardized equipment. (d) The compatibility of the standardized equipment will permit joint or coordinated operational use by and between diverse departments, agencies, or jurisdictions. (e) Existing equipment, systems or inventories are compatible only with the standardized equipment, parts or services to be procured. (f) A continuous series of procurements of standardized equipment or parts over a period of time is advantageous, as demonstrated by cost-benefit analysis or similar analysis, because of considerations of training, replacement parts, compatibility with existing capital investments, and other standardization cost benefits. 4.1.14 Public Entity Procurements 4.1.14.1 General A public entity procurement is an agreement to acquire or use any goods, services, or construction with a public entity upon terms and conditions considered to be in the best interest of the County as determined by the Director. A public entity procurement does not require public solicitation, nor does it require justification as a non-competitive procurement. 4.1.14.2 Use A public entity procurement is used when it is in the best interest of the County to obtain goods, services, or construction from those available within the public sector. Among the factors to be considered in determining whether a public entity procurement is in the best interest of the County is the cost effectiveness of the proposed procurement. 4.1.14.3 Authority Public entity procurements are prepared by the Using Department and issued by the Director. 4.1.15 Bridge Contracts The Director may, without competition, enter into a bridge contract with a person if the Director determines that: 4.1.15.1 The person has an existing contract with another public entity for goods, services, or construction that the County would like to procure; 4.1.15.2 A bridge contract is in the best interest of the County; and 4.1.15.3 the contract between the person and the other public entity was awarded as a result of adequate competition. The bridge contract must provide the County with materially the same goods, services, or construction being provided the other public entity at the same prices being charged the other public entity. Under extraordinary circumstances, the Director may approve a bridge contract for professional services. 4.2 Contract Types 4.2.1 Fixed Price 4.2.1.1 A fixed price contract is a contract that provides for a firm price under which a contractor bears the full responsibility for profit or loss. This does not include a cost reimbursement contract. All costs involved have been firmly established, in writing, but may be subject to certain adjustments, objectively defined. Such adjustments may include escalator clauses, incentive clauses, and other adjustment mechanisms. Construction contracts are generally fixed price contracts. 4.2.1.2 A fixed price contract is the preferred contract method in the County. 4.2.2 Cost Reimbursement Contracts 4.2.2.1 Cost reimbursement contracts are contracts which provide for reimbursement of a contractor's costs associated with performance of specified contract requirements and a fee if any. These costs may include hourly rates associated with personnel, overhead, out-of-pocket costs, and other costs specified in the contract. For purposes of these regulations, a time and material contract is considered a cost reimbursement contract. The contract must provide a means for ensuring that the costs are fair and reasonable. These means may include a requirement that the contractor document competition. The County has the right to review and approve costs before authorizing reimbursement. 4.2.2.2 A contract must not provide for compensation to be based on cost plus a percentage of cost of the work performed. A contractor must not be financially rewarded for increased costs that are passed on to the County. A contract, however, may provide for reimbursement based upon a cost plus a fixed fee provision or on a compensation provision that rewards the contractor for efficiency by providing for incentive payments. 4.2.3 Requirements Contracts 4.2.3.1 A requirements contract is a contract for an indefinite quantity of goods, construction, or services to be furnished at specific times, or as ordered, at fixed unit prices. During the term of a requirements contract, the County should use reasonable efforts to order all actual requirements of designated Using Departments (or of the entire County) during a specified period of time. Failure to utilize a specific requirements contract for a particular procurement must not be considered a breach of the contractual obligation unless the contract specifically provides that the contractor is the exclusive source for the requirements. 4.2.3.2 Requirements contracts are administered by the Director as a fixed price source of supply which may be utilized by Using Departments through a delivery order issued by the Director. When deemed appropriate, the Director may authorize Using Departments to issue orders directly to the contractors involved. A delivery order must be supported by an encumbrance before it is issued. 4.2.3.3 Where practical, a requirements contract should include a maximum contract amount. 4.2.4 Definite Quantity Contract A definite quantity contract is a contract that provides delivery of a specified quantity of goods, construction, or services either at specified times or when ordered. Quantities ordered under a definite quantity contract are limited to the quantity stated in the contract, unless the contract contains an increased quantity option. 4.2.5 Multiple Award Contracts A multiple award contract is one in which more than one contractor is awarded a contract for specified goods, construction, or services. Use of this contract type is subject to approval of the Director. It may take one of the following forms: 4.2.5.1 Geographic Distribution Awards Geographic distribution awards are contract awards made to separate contractors of goods, construction, or services in separate identifiable geographic areas, when such awards are justified by need for adequate delivery, service, availability, distribution of County contract work, or product compatibility. 4.2.5.2 Multiple Source Contracting (a) This is contracting where the primary source is one specified contractor and secondary, tertiary, etc. sources perform as backup contractors. In this type of contract, the primary contractor receives all orders for goods or services. The backup contractor (secondary, tertiary, etc.) receives orders only after the primary contractor either fails to deliver under specified conditions in the contract or a specified quantity limit has been ordered from the primary contractor, as specified in the contracts. (b) Distribution Contracts These are multiple award contracts which are made for the purpose of distributing orders for particular services or goods among several contractors. Each of these contracts specifies a maximum quantity of goods or services after which the next designated contractor receives orders, on a rotating basis. (c) Product Need/Compatibility Multiple Awards These awards are made to several vendors to ensure availability of specific goods or services to meet the needs of Using Departments. 4.2.6 Multi-Year or Term Contracts Multi-year or term contracts may be authorized by the Director when it is appropriate to obtain uninterrupted services extending over more than one year or contract term, when the performance of services involves high start-up costs, when a continuous source of supply over a multi-year or term period is required, or when a change-over of services involves high phase-in/phase-out costs during a transition period. These multi-year or term contracts take the following forms and may be authorized under the following conditions: 4.2.6.1 Options to extend contracts Contracts entered into with an original term subject to extension options must be funded with authorized appropriations, as certified by the Director of Finance, for the original term before execution. Thereafter, each option term must be similarly funded before the option may be exercised. 4.2.6.2 Original long term contracts Original long term contracts are contracts involving a multi-year or term without need for renewal. A multi-year or term contract may be entered into only if sufficient funds are appropriated, and certified by the Director of Finance, sufficient to defray the amount of the first term of the contract. In addition, these contracts may be entered into only upon the following conditions: (a) The Using Department furnishes to the Director sufficient written documentation to demonstrate that the requirements contained in the multi-year or term contract are reasonably firm and are continuing over the term of the contract. In addition, the Using Department must furnish sufficient documentation to the Director to demonstrate that the contract is in the best interest of the County because it encourages effective competition or promotes economies in performance and operation. (b) Based upon the documentation submitted, the Director determines that the multi-year or term contract is appropriate after being satisfied that the requirements contained in the contract are reasonably firm and continuing over the term of the contract and that the contract will serve the best interests of the County by its encouragement of effective competition or its promoting economies in contract performance and operation. (c) The contract must also include a termination provision which provides that in the event funds for terms subsequent to the first term are not appropriated and available for encumbrance for the subsequent years of the contract, the contract may be terminated by the County without further County liability to the contractor. 4.2.7 Incentive Contracts 4.2.7.1 General Each Using Department should consider the use of an incentive contract. An incentive contract is appropriate when the required goods, services or construction can be acquired at lower costs or, in certain instances, with improved delivery or technical performance, by relating the amount payable under the contract to the contractor's performance. Incentive contracts are designed to obtain specific acquisition objectives by: (a) establishing reasonable and attainable targets that are clearly communicated to the contractor; and (b) including appropriate incentive arrangements designed to motivate contractor efforts that might not otherwise be emphasized and discourage contractor inefficiency and waste. An incentive contract, however, should not operate to reward a contractor for performance results when the cost of those results outweighs their value to the County. Any amount paid as an incentive must be reasonably related to the additional costs of enhanced performance by the contractor or to the value of the enhanced performance received by the County. 4.2.7.2 Types of incentive contracts (a) A cost reimbursement incentive contract is a contract which provides for reimbursement to the contractor for allowable costs incurred up to a ceiling amount and establishes a formula by which the contractor is rewarded for performing at less than an estimated target cost or exceeds specified performance standards such as time of delivery of contract performance; the contract may provide that the contractor is subject to reduced compensation or specified damages if it exceeds a target cost or fails to meet specified performance standards such as time of delivery of contract performance. (b) A fixed-price incentive contract is a fixed-price contract in which the parties establish at the outset a target for performance and a formula by which the contractor is rewarded for exceeding performance and may be subject to reduced compensation or specified damages if the performance is not met. 5.1 General Using Departments are responsible for assuring that procurement actions are consistent with the policies of the County. These policies include Public Ethics (see Chapter 19A, Montgomery County Code and Ethics, 11B.00.01.16 in these regulations) and MFD Contracting (see 11B.00.01.07 of these regulations). 5.2 Specifications Using Departments must write specifications in such a manner as to encourage competition and to avoid limitation of competition, balanced with the need to serve the public interest. Particular attention should be given by the Using Department to avoid the creation of artificial barriers to participation of MFD firms in the procurement process. 5.3 Payment Provisions Payment provisions should provide for objective criteria or "benchmarks" for payment against certain performance events (e.g., payment after delivery and submittal of invoice; 25% payment after completion of foundation work, etc.) Partial payments may not exceed the reasonable value of the performance which entitles the contractor to that partial payment, unless an advance payment is approved. 5.4 Fiscal Responsibilities 5.4.1 The Using Department is responsible for ensuring that there is a sufficient expenditure authority to cover the entire contract amount, or in the case of a multi-year or term contract, the amount of the first period of a multi-term contract, and each subsequent period of the contract as it occurs. 5.4.2 The Using Department is responsible for providing documents sufficient to enable the Director of Finance to certify to the Director that there is an unencumbered balance in the appropriation sufficient to defray the amount of the contract at the time of execution, and in the case of a multi-year or term contract, the amount of the first period and each subsequent period of the contract as it occurs. 5.4.3 The Using Department is responsible for all payment authorizations and coordinations required to obtain prompt payment for the contractor as required by the contract. In connection with these payment certifications, the Using Department is responsible for ascertaining and certifying that the contractor has performed in accordance with the contract requirements and has earned all contract payments certified to the Department of Finance. The Using Department is also responsible for inspection of goods and acceptance of goods or services prior to certification of payment to the Division of Accounts. The Using Department may not certify for payment invoices containing more hours than actually worked, payment provisions different than that contained in the contract, or charges against a contract different from that under which performance was rendered. 5.4.4 In contracts providing for release or reduction of retention, the Using Department may not process a certification for payment of the retention unless all conditions for payment are satisfied and the Director has approved the payment, in writing. 6.1 Pre-qualifications 6.1.1 General In general, the County does not provide for pre-qualification of offerors or providers of services except as enumerated below or otherwise provided in these regulations. 6.1.2 Bidder's List 6.1.2.1 The Director maintains a bidder's list. It is County policy to invite all interested parties to submit a written request to be placed on the bidder's list for their products or services. The written request should include the: (a) Prospective offeror's name and address; (b) Goods or services offered; and (c) A statement of whether the firm seeks to qualify as an MFD contractor, including all required documentation. 6.1.2.2 The fact that a potential offeror is on the bidder's list does not establish the qualification of that offeror for the offering of any particular goods or services. Furthermore, the fact that the offeror is on the list does not preclude disqualification or rejection for lack of responsibility. The Director is under no obligation to engage in any review of the prospective offeror's qualifications or stated areas of interest; however, the Director may remove a potential offeror from the bidder's list upon determination of lack of responsibility for the area of interest indicated or upon determination of disqualification. Further, the Director may, as appropriate, remove potential offerors from the bidder's list when (A) the offeror has failed to respond to three successive solicitations, (B) the offeror has been on the list for two years without response, or (C) other circumstances exist to indicate that the offeror is not expected to respond to solicitations. 6.1.2.3 A potential offeror may respond to any solicitation, whether or not that offeror is on the bidder's list. The bidder's list is merely a mechanism for encouraging competition and ensuring wide dissemination of a solicitation document, but may not be construed as an exclusive prerequisite for responding to any solicitation. 6.2 Responsiveness; Minor Irregularity; Mistake in Bid 6.2.1 An offer that is determined to be non-responsive is rejected and must not be considered further in connection with the IFB unless specifically authorized under the competitive negotiation process. The determination of whether an offeror is responsive is made by the Director. When appropriate, the Director should solicit technical comments from the Using Department and consult with the Office of the County Attorney. 6.2.2 In determining responsiveness, the Director must consider, among other factors, the following: 6.2.2.1 Conformance with the terms and specifications of the IFB; 6.2.2.2 The nature and scope of conditions attached to the bid or proposal by the offeror; 6.2.2.3 Whether the deviation or failure to conform pertains to a material part of the solicitation; or 6.2.2.4 Any other deviations contained in the bid. 6.2.3 The Director may give an offeror an opportunity to cure any deficiency resulting from a minor irregularity in a bid or waive the deficiency, whichever is to the advantage of the County. The decision of the Director with respect to whether a defect is a minor irregularity is made in the sole discretion of the Director and is not subject to review. 6.2.4 If the Director knows or has reason to conclude that a mistake has been made, the Director may require a bidder to confirm the contents of a bid. Situations in which confirmation should be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. If the bidder alleges a mistake, the Director may take the following actions which must be based on a written determination and finding: 6.2.4.1 If the mistake and the intended correction are clearly evident on the face of the bid, the bid must be corrected and may not be withdrawn. Examples of mistakes that are clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. 6.2.4.2 A bidder may be permitted to withdraw a low bid if: (a) A mistake is clearly evident on the face of the bid but what was intended is not similarly evident; or (b) The bidder submits objective proof that clearly and convincingly demonstrates that a mistake was made. 6.2.4.3 If the Director determines that no mistake was made, the bid may not be withdrawn. 6.2.5 When a Using Department Head is authorized to make a procurement (i.e. direct purchase), the Using Department Head is authorized to make the determination of responsiveness in the place of the Director pursuant to the criteria enumerated above. 6.3 Responsibility 6.3.1 The reputation, past performance, business and financial capability and other factors determine the responsibility of an offeror and the capability of the offeror to satisfy government's needs and requirements for a specific contract. The offeror has the burden of demonstrating affirmatively its responsibility in connection with a particular solicitation. The Director must determine whether an offeror is responsible for a particular prospective contract. A debarred potential offeror must automatically be considered non-responsible in connection with any particular solicitation. 6.3.2 The factors that may be considered in connection with a determination of responsibility include: 6.3.2.1 The ability, capacity, organization, facilities, and skill of the offeror to perform the contract; 6.3.2.2 The ability of the offeror to perform the contract or provide the services within the time specified without delay, interruption or interference; 6.3.2.3 The integrity, reputation and experience of the offeror, and its key personnel; 6.3.2.4 The quality of performance of previous contracts or services for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility; 6.3.2.5 The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; 6.3.2.6 The sufficiency of financial resources of the offeror to perform the contract or provide the services; 6.3.2.7 The certification of an appropriate accounting system, if required by the contract type. Advice should be obtained from the Department of Finance as to the accounting system required for the particular solicitation; and 6.3.2.8 A bid bond and the offeror's evidence of ability to furnish a performance bond may be considered in an overall determination of responsibility. 6.3.2.9 Past debarment by the County or other entity. 6.3.3 The Director may deny an award or modification of a contract to any offeror who is in default of payment of any money due the County. 6.3.4 Solicitations in which Using Departments make recommendations for awards to the Director must include a written recommendation with respect to the responsibility of the potential awardee. The Using Department should specify in detail the factual basis for its recommending a finding of responsibility of the potential awardee. In connection with this recommendation, the Using Department should review its files and the central performance file of the Department of General Services, Office of Procurement, with respect to the performance of the prospective awardee in previous contracts in the Using Department and the County, investigate performance of the prospective awardee in other contracts with the County and other entities to the extent practical, and ensure that the recommended awardee is not on a current Montgomery County suspension or debarment list. 6.3.5 Prospective offerors have the burden to demonstrate affirmatively their responsibility. An offeror may be requested at any time by the Director or the Using Department to provide additional information, references and other documentation and information that relate to the determination of responsibility. Failure to furnish requested information may constitute grounds for a finding of non-responsibility of the prospective offeror. 6.3.6 When a Using Department is authorized to make a procurement (i.e., direct purchase), the Using Department Head is authorized to make the determination of responsibility in the place of the Director pursuant to the criteria enumerated above. 7.1 Purpose The purpose of 11B.00.01.07 is to establish procedures to facilitate the goal of the County Government to remedy the effects of discrimination by awarding a percentage of County contracts, including contract modifications and renewals, with a dollar value of $10,000 or more to minority owned businesses (MFD owned business or MFD), as defined in Chapter 11B of the County Code, in proportion to the availability of MFD owned businesses to perform work under County contracts. 7.2 Policy 7.2.1 The Director, with the assistance of Using Departments and employees involved in contracting and purchasing, must actively and aggressively recruit certified MFD owned businesses for which a goal has been set to provide goods, construction, and services, including professional services, for the performance of governmental functions to facilitate the MFD goal of the County. Procurements less than or equal to $10,000, grants that are appropriated by the County Council to specific grantees, utilities, intragovernmental procurements, and certain intergovernmental procurements including certain bridge contracts identified by the Director are excluded from the base against which the goal is measured. 7.2.2 Businesses that are certified as a minority business enterprise under State procurement law and certain non-profit entities organized to promote the interests of persons with a disability are eligible to be certified as an MFD business in accordance with these regulations. Certification is subject to the graduation provisions of Section 7.4.5. 7.2.3 These regulations are the County's exclusive procedure for the certification, recertification and decertification of MFD owned businesses. 7.2.4 Using Department Heads should seek the advice and concurrence of the Director in the development of internal operating procedures to implement the provisions of this procedure. 7.3 General 7.3.1 In 11B.00.01.07 the term “relevant geographic market area” has the same meaning as it has in Chapter 11B. The term “MFD group” or “group of MFD owned businesses” has the same definition as “socially or economically disadvantaged group” in Chapter 11B. 7.3.2 To qualify to participate in the MFD subcontracting program under Section 7.3.3, an MFD owned business must: 7.3.2.1 belong to an MFD group for which a goal has been set under Section 7.3.4 in the purchasing category and source selection method covering the work that is the subject of the subcontract; and 7.3.2.2 be certified as an MFD owned business under Section 7.4. 7.3.3 MFD Subcontracting Program. 7.3.3.1 Unless the context indicates otherwise, in Section 11B.00.01.07, (a) contract means a contract identified by Using Departments or the Director as having an estimated dollar value of $50,000 or more, including renewals; and (b) contractor means a contractor that: (1) is not a certified MFD owned business; or (2) if the contractor is a certified MFD owned business, the contractor does not belong to an MFD group for which a goal had been set in the purchasing category covering significant work to be undertaken in the contract. 7.3.3.2 A contractor must subcontract a minimum percentage (as determined by the Director) of the contract price to certified MFD owned businesses that are eligible to participate in the subcontracting program. To be eligible, a certified MFD owned business must have a goal set under Section 7.3.4 in a purchasing category and under a source selection method covering the work to be performed under the subcontract. The Director applies the goals established by the CAO under Section 7.3.4.8(d) for each purchasing and source selection category covering a substantial amount of work to be done under the contract to set the minimum percentage of the contract which the contractor must subcontract to certified MFD owned businesses. 7.3.3.3 Each contractor must submit a Subcontractor Performance Plan prior to undertaking performance under the contract, or at such earlier time as required by the Director. An MFD Subcontractor Performance Plan must: (a) identify each MFD subcontractor; (b) identify the amount the contractor has agreed to pay each MFD subcontractor; (c) provide a copy of the language used in each MFD subcontract which requires the use of binding arbitration with a neutral arbitrator to resolve disputes between the contractor and the MFD subcontractor. The language must describe how the costs of dispute resolution will be apportioned; the apportionment must not, in the judgment of the Director, attempt to penalize an MFD subcontractor for filing an arbitration claim; and (d) be made a part of the contract between the contractor and the County. County approval of the Subcontractor Performance Plan must not establish a contractual relationship between the County and the MFD subcontractor. 7.3.3.4 The contract between the contractor and the County must require: (a) the contractor to notify the Director of any proposed change to the Subcontractor Performance Plan; (b) the contractor to provide in each subcontract with an MFD owned business a provision requiring the use of binding arbitration to resolve disputes between the contractor and the MFD owned business; (c) that failure to submit documentation showing compliance with the Subcontracting Performance Plan is grounds for imposing liquidated damages unless failure to comply with the Plan is the result of an arbitration decision in favor of the contractor or a waiver granted by the Director. Liquidated damages under this provision should equal the difference between all amounts the contractor has agreed under its plan to pay MFD subcontractors and all amounts actually paid MFD subcontractors considering any relevant waiver or arbitrator’s decision; and (d) that failure to show compliance with a Subcontractor Performance Plan must result in finding the contractor nonresponsible for purposes of future procurements with the County during the next 3 years. 7.3.3.5 The Director may waive in whole or in part an MFD subcontracting requirement imposed under Section 7.3.3 if the Director finds that: (a) it is unusually difficult or impossible for the contractor to meet a subcontracting requirement because, for example, a qualified MFD owned business is not available for subcontracting or the contractor’s good-faith efforts to subcontract with available MFD owned businesses have failed; (b) reasonable grounds exist to waive a subcontracting requirement because, for example, the subcontracting requirement would undermine the purpose of a contract for personal services, subcontracting would be inconsistent with the requirements for confidentiality, or the contract is awarded under an emergency procurement; or (c) the contractor belongs to a class of nonprofit entities for which the Director has determined that it would be impractical to require participation in the MFD Subcontracting Program. 7.3.3.6 The Director has sole discretion to determine the estimated value of a contract and may consider the value of any modifications or renewals. 7.3.4 The MFD subcontracting goal is set as follows: 7.3.4.1 By September 1 of each year the Director must determine for the previous fiscal year the availability of each group of MFD owned businesses with one or more employees. The Director must use the most recent report that the County Executive must submit under Section11B-61(b) of the County Code to determine the availability of MFD owned businesses in the relevant geographic market area to perform work under County contracts. 7.3.4.2 Fiscal year means July 1 through June 30. 7.3.4.3 The Director must state the availability by source selection method for each group of MFD owned businesses as a percentage of all businesses available to perform work under County contracts awarded through formal solicitation in the purchasing categories of: (a) construction; (b) goods; (c) professional services; and (d) other services 7.3.4.4 The Director may set the availability of Disabled owned businesses at 0.75 percent in each purchasing category. Not for profit entities that are certified as MFD owned businesses are included in the Disabled owned business group. 7.3.4.5 The Director must determine by source selection method the percentage of contract dollars awarded to each group of MFD owned businesses as prime contractors and subcontractors in the purchasing categories of: (a) construction; (b) goods; (c) professional services; and (d) other services. 7.3.4.6 The Director must determine by source selection method the disparity between the dollar value of contracts and subcontracts awarded to each group of MFD owned businesses in each purchasing category identified in Section 7.3.4.5 with the availability of that group in each purchasing category by source selection method. The Director must use, to the extent practicable, a methodology compatible with the methodology used to determine disparity in the most recent report submitted under Section 11B- 61(b) of the County Code. 7.3.4.7 By September 1 of each year the Director must submit to the CAO a report setting forth the determinations made under Sections 7.3.4.3 through 7.3.4.6. 7.3.4.8 After receiving the Director’s report, the CAO must set by September 30 of each year MFD subcontracting goals for the current fiscal year. (a) In setting MFD subcontracting goals the CAO must determine by source selection method if the County has significantly underutilized each group of MFD owned businesses in each purchasing category. The CAO makes this determination under each source selection method by considering the disparity between the availability of each group of MFD owned businesses in each purchasing category with the contract dollars awarded to each group of MFD owned businesses in each purchasing category. (b) If the CAO determines that a group of MFD owned businesses in a specific purchasing category under a particular source selection method has been significantly underutilized, the CAO must set an MFD goal for that group in the applicable purchasing category for that source selection method. The goal must be related to the availability by source selection method of the group of MFD owned businesses in the purchasing category. (c) If the CAO determines that a group of MFD owned businesses in a specific purchasing category under a particular source selection method has not been significantly underutilized, the CAO must not set an MFD goal in the applicable purchasing category for that source selection method. The CAO, nevertheless, may set a goal for an MFD group in a purchasing and source selection category (even though a finding of significant underutilization has not been found) if, in at least one out of the last 4 years, the CAO had determined the MFD group had been significantly underutilized and during that year a goal had not been set for the MFD group in the applicable purchasing and source selection category. (d) The CAO must set for each purchasing category for which an MFD goal has been set an overall MFD subcontracting goal that contractors must meet under Section 7.3.3. The overall MFD subcontracting goal for each purchasing category must be related to the availability of all groups of MFD owned businesses for which a goal is set in that purchasing category. 7.4 Certification of MFD Owned Businesses 7.4.1 The Director may certify an entity as an MFD owned business if the business is certified as a minority business enterprise under Federal or State procurement law, or other non-self-certifying public entity certification program, as determined to be acceptable by the Director. 7.4.2 If the business is a not-for-profit entity organized to promote the interests of physically and mentally disabled individuals, the Director must determine whether: 7.4.2.1 the not for profit entity is certified as a minority business enterprise under Federal or State procurement law, or other non-self-certifying public entity certification program that the Director has determined to be acceptable; and 7.4.2.2 at least 51% of the individuals used by the not for profit entity to perform the work or manufacture the goods contracted for by the County are individuals with a physical or mental disability. 7.4.3 The Director must conduct a review to determine whether a business may be certified as an MFD owned business. This review must include an evaluation of the documentation submitted by the business on an MFD Application form. The Director may also include a site visit to the offices of a not for profit entity. The Director may review any of the following: 7.4.3.1 Certifications issued by the Federal or State governments, or by another public entity, provided that the public entity’s program is not based on vendor self-certification. 7.4.3.2 Employment records, health records, and/or educational records of the employees of a not for profit entity seeking MFD certification. 7.4.3.3 Other relevant information concerning the operation of a not for profit entity. 7.4.4 A request for certification or recertification as an MFD business may be denied by the Director for any of the following reasons: 7.4.4.1 Failure to demonstrate that the business is a certified minority business enterprise under Federal or State procurement law, or through another non-self-certifying public entity certification program determined to be acceptable by the Director. 7.4.4.2 Failure to provide sufficient and timely information for the Director to make a certification or recertification determination. 7.4.4.3 Refusal to permit an on-site inspection by the Director. 7.4.4.4 Failure to comply with a request by the Director for information or access to records. 7.4.4.5 Graduation of the MFD owned business. 7.4.5 Certification as an MFD owned business by the County may be revoked for any one of the following reasons: 7.4.5.1 Fraud, deceit or misrepresentation in obtaining certification. 7.4.5.2 Failure to report in writing to the Director within 30 days of the date of the occurrence of any changes in the status of the certified MFD owned business that are relevant to its certification. 7.4.5.3 Failure to demonstrate at the request of the Director that the entity continues to be an MFD owned business. 7.4.6 Certification is subject to the graduation provisions of this Section. The Director must not certify an entity as a MFD owned business for a period of time that exceeds 5 years. The Director, however, may certify a business as an MFD owned business for 8 years if during the first 5 years of certification, the MFD owned business: 7.4.6.1 has not received at least (a) 4 subcontracts awarded under Chapter 11B of the County Code; and (b) the cumulative value of the subcontracts has not exceeded $120,000. 7.4.6.2 The MFD graduation requirement established under this subsection begins on December 1, 1993, and is only effective prospectively. 7.5 Responsibilities 7.5.1 Director 7.5.1.1 The Director is responsible for contacts with businesses to identify, encourage and coordinate participation of MFD owned businesses in the procurement process, including certification. This includes notification to all businesses of prospective procurement opportunities by electronic communication based on the most recently available business directories, encouragement of MFD owned business participation in procurement, as prime contractors or subcontractors, procurement system education and information for all businesses, and referrals to resources such as technical consultants, sureties and financing. 7.5.1.2 The Director maintains up-to-date mailing lists, and other references of County certified MFD owned businesses for use by Using Departments, contractors, and for public information. 7.5.1.3 The Director provides Using Departments with a list of certified MFD owned businesses who have stated an interest in providing services required by the Using Department. 7.5.1.4 The Director assists Using Departments, as needed, in developing internal operating procedures to use certified MFD owned businesses in accordance with the provisions of this section. 7.5.1.5 The Director cooperates with other governments and governmental agencies in exchanging information regarding certified MFD owned businesses. 7.5.1.6 The Director distributes to potential prime contractors for whom a goal has not been set a current list of certified MFD owned businesses with a requirement that one or more be contacted if the work is being subcontracted. 7.5.1.7 The Director should ensure that contract administrators receive appropriate guidance in implementing the provisions of these regulations. 7.5.2 Using Departments 7.5.2.1 The Using Departments should request and use the most recent list of certified MFD owned businesses furnished by the Director to encourage certified MFD owned businesses for whom a goal has been set to response to Requests for Proposals, Requests for Expressions of Interest, and all other procurements. 7.5.2.2 When inviting proposals for services with a dollar value of less than $50,000, whether by RFP, REOI, Mini-Contract or any other source selection method of procurement, the Using Departments must ensure an effort is made to afford certified MFD owned businesses for whom a goal has been set an opportunity to participate in the award of the contract. Periodically, or at the request of the Director, Using Departments must provide to the Director written documentation including contract documents that indicate the results of efforts to provide an opportunity for certified MFD owned businesses for whom a goal has been set to submit proposals. The Using Departments should also cooperate with the Director in efforts to encourage MFD contractor participation by, among other things, establishing minority business procurement objectives consistent with Chapter 11B of the County Code and by developing and implementing techniques to encourage greater MFD owned business participation. 7.5.2.3 The Using Departments must notify the Director when an Invitation for Bid, a Request for Proposal or a Request for Expression of Interest is expected to have a dollar value of $50,000 or more. Notification should be as early as possible, but not later than the Using Department's official request to the Director to commence a procurement action. 7.5.2.4 The Using Departments should develop, with the advice and concurrence of the Director, internal operating procedures to implement the provisions of this section. 7.6 Procedures for Certification/Recertification of MFD Businesses 7.6.1 The Director, upon request from a business or at the Director's initiative, provides a MFD Application form to the business. To ensure timely recertification, the certified MFD owned businesses should file a MFD Application form at least 60 days prior to expiration of certification. 7.6.2 The business returns the MFD Application form to the Director in accordance with the form’s instructions. 7.6.3 The Director reviews the MFD Application form submitted to determine, in accordance with this procedure, whether the business should be certified or recertified as an MFD owned business. Upon determination of eligibility as a MFD owned business, the Director certifies the business as an MFD owned business. 7.6.4 If a business is not certified or recertification is denied, the Director informs the applicant, in writing, of the denial, the reasons for denial and the right to request reconsideration of the decision to the Director within 5 days of the date of the decision. This notice of denial should indicate that the business may request a hearing. 7.6.5 The Director reviews the request for reconsideration and may conduct a hearing if appropriate. The Director makes a written determination and finding regarding the reconsideration request. The Director must then send a copy of the decision to the CAO who may approve, revise, or remand the decision. If the CAO takes no action within 5 working days, the decision of the Director becomes final. 7.6.6 After the decision becomes final, the Director must inform the business making the reconsideration request, in writing, of the decision and the right to appeal to the Circuit Court for Montgomery County, Maryland, pursuant to Title 7 of the Maryland Rules of Procedure governing judicial review of decisions of administrative agencies. 7.7 Procedures for Decertification 7.7.1 The Director, based upon a written determination that there are grounds for concluding that the entity is no longer entitled to be certified as an MFD owned business, makes a proposal to revoke the certification. The entity must be notified, in writing, of this proposed decertification. 7.7.2 The entity may submit any written information to the Director within the time limits specified by the Director, which must not be less than 3 working days of receipt of notification of the proposed decertification. 7.7.3 The Director must review the proposed decertification and any information submitted by the entity and decide whether to revoke the certification after the expiration of the time specified by the Director for submitting information. The Director must inform the entity of the decision, in writing, and the right to request a reconsideration of the decision within 5 days. 7.7.4 The entity must submit to the Director a written reconsideration request regarding the decertification within the 5 day limit or waives all rights of appeal. 7.7.5 If there is a reconsideration request, the Director may conduct a hearing, if appropriate, concerning the decertification. The Director makes a written determination and finding regarding the decertification request. The Director must then send a copy of the decision to the CAO who may approve, revise, or remand the decision. If the CAO takes no action within 5 working days, the decision of the Director becomes final. 7.7.6 After the decision becomes final, the Director must inform the entity making the reconsideration request, in writing, of the decision and the right to appeal to the Circuit Court for Montgomery County, Maryland, pursuant to Title 7 of the Maryland Rules of Procedure governing judicial review of decisions of administrative agencies. 7.8 Special Solicitation Requirements 7.8.1 The Director must include in all formal competitive solicitations (and resulting contracts) with an estimated value of $50,000 or greater MFD contracting conditions in a form created by the Director and approved by the Office of the County Attorney. 7.8.2 These conditions must include the following provisions. 7.8.2.1 Notice of the Montgomery County MFD contracting policy and associated contracting goals. 7.8.2.2 A requirement that the offeror subcontract with certified MFD owned businesses in a manner consistent with Section 7.3.3, and specification as to how the offeror may demonstrate the basis for the Director to grant, in whole or in part, a waiver of the MFD subcontracting goal. 7.8.2.3 Notice of the requirement to comply with the MFD Subcontractor Performance Plan, including binding arbitration to resolve disputes with MFD subcontracts and imposition of liquidated damages for failure to comply with the MFD Subcontractor Performance Plan. 7.8.2.4 A specification of all documentation required to be submitted by the contractor, including information required under Section 7.9 which the Director requires the contractor to submit, and time requirements for those submissions as determined by the Director. 7.8.2.5 Notice of non-eligibility and disqualification for award for failure to submit required documentation or meet MFD goals, unless waived. 7.8.2.6 Limitations on substitutions or other non-use of designated MFD subcontractors. 7.8.2.7 Notice of enforcement procedures, including penalties and actions which may result from non-compliance. 7.8.2.8 Statement of records requirements for contractors, including types of records required and length of time the records must be maintained. 7.8.3 The Director must review and evaluate procurement procedures and solicitation requirements to determine the effect those procedures and requirements may have on the ability of MFD owned businesses to be competitive. The Director may also take necessary action to remove any artificial barriers to competition found to exist. Those actions may include: 7.8.3.1 Requiring Using Departments to take steps to assist contractors in making timely submissions of subcontracting plans. 7.8.3.2 Considering past compliance with the County minority business procurement program in determining contractor responsibility. 7.8.3.3 Adjusting evaluation criteria or method of award decisions and lowering or eliminating insurance, bonding and experience requirements. 7.8.3.4 Requiring the minority procurement officer to report in writing to the Director those solicitations and contracts which adversely affect MFD participation and those actions by existing contractors which do not comply in good faith with approved MFD subcontractor plans. 7.9 Reporting Requirements The Director may require each contractor to provide the County with information concerning utilization by the contractor of MFD owned businesses in private and government contracts. The Director may also require each certified MFD owned business to provide the County with information concerning its utilization by non-MFD owned businesses in private and government contracts. 7.10 Monitoring Procedures 7.10.1 The contract administrator in conjunction with the minority procurement officer must monitor all contracts subject to MFD participation to ensure compliance by prime contractors with the requirements of these regulations. Monitoring may include site visits, audits of contractors' books and records relative to County contracts, the submission of copies of invoices from the minority subcontractor to the prime contractor, submission of Contract Monitoring Reports at scheduled intervals during the life of the contract, and other procedures that the Director may require. 7.10.2 The Director must notify certified MFD owned businesses of their responsibility to report to the minority procurement office in a timely manner any changes in status that affects the entity’s eligibility for certification as an MFD owned business. The failure of the MFD owned business to report any relevant change in a timely manner constitutes sufficient grounds for decertification. 8.1 General Payment Principles 8.1.1 All contracts must specifically provide for methods and timing of payments to be made to the contractor. These provisions should be as detailed as possible, specifying all conditions which must be met by the contractor in order to submit a request for payment and to determine whether a payment is due. 8.1.2 Except as otherwise authorized by these regulations, payment may be made only after contractor performance has occurred to justify the payments under the contract (e.g., the contractor has incurred a cost and submitted an invoice for an item for which the contractor appears to be entitled to cost reimbursement; the contractor appears to have performed services for which a fair value has been specified as a part of the contract; the contractor appears to be entitled to a progress payment in accordance with the contract upon determination of that extent of performance; goods have been delivered and inspected by the Using Department, appear to be acceptable, and an invoice has been submitted for payment in accordance with the contract). 8.1.3 Certifying whether payments are due the contractor is the responsibility of the Using Department and must be done as expeditiously as possible. The Using Department may be required to justify any failure to expedite payments upon inquiry by the Director. 8.2 Incentive Payments Contracts may provide for incentive payments in exchange for enhanced contractor performance beyond contract specifications, terms and conditions. 8.3 Progress or Partial Payments The approval and recommendation for payment by a Using Department of an invoice submitted by contractor for progress payments or partial payments pursuant to the terms of a contract constitute certification that a contractor has performed in accordance with the contract and has earned the payment approved, that the Using Department has performed all inspection necessary, including testing, to insure proper performance, and the Using Department accepts the contractor's performance as complying with the contract for purposes of earning the contract payment. Certification of approval for a progress or partial payment does not constitute waiver of any rights of the County against the contractor for failure to perform pursuant to any of the terms, conditions, or specifications of the contract. 8.4 Advance Payments A contract may provide for advance payment if the advance payment is part of a commercially acceptable practice as in the case of equipment and software maintenance, periodical subscriptions, registrations, travel, catering service, licensing fees, and insurance premiums. In other cases, the Director of Finance and the Director may approve an advance payment if they determine that unique circumstances exist which indicate that an advance payment is in the best interest of the County. 8.5 Retention 8.5.1 In contracts for which retention is provided (generally construction contracts), Using Departments must insure that all retention amounts provided for in the contract are maintained by the County. Partial reduction or final release of retention must be authorized, in writing, by the Director. 8.5.2 Any changes to levels of retention provided in the contract must be approved by the Director, in writing, before the change in the contract retention may become effective. 8.5.3 If a contractor has furnished 100% payment security and 100% performance security under a contract for construction, retainage must comply with the requirements established under the Maryland Little Miller Act. 8.6 Payment of Interest If interest is payable by the County under Section 11B-34 of the Code, the amount of the interest is calculated by using the interest rate paid by 5 year U.S. Treasury Bills as of the date interest first begins to accrue under Section 11B-34. 8.7 Credit and Debit Card Procurements Credit and debit cards may be utilized as authorized by the Director of Finance. The authorization of the Director of Finance must designate the following: 8.7.1 Each person authorized to use the credit card; 8.7.2 The monetary limits for any single expenditure and class of expenditures that may be incurred under the credit card; 8.7.3 An itemization or description of all allowable purchases; 8.7.4 A statement of all limitations with respect to use of the card; 8.7.5 A statement of any limitations with respect to date of usage of the card or duration of authorization. 9.1 Bonds 9.1.1 Exemption from Bond Requirements Bond requirements contained in these regulations are not applicable to public works participation agreements (e.g., stormwater agreements, road participation agreements) and other regulatory non-procurement agreements as designated from time to time by the County Attorney. 9.1.2. Director Review 9.1.2.1 The Director must review and approve the bond requirements in a solicitation: (a) for construction contracts that have a value of less than $100,000; and (b) all non-construction contracts. 9.1.2.2 In reviewing bonds and bond requirements, the Director must consider the impacts on competition and costs, particularly impacts on MFD firms. The impacts must be balanced with the needs served by the bond requirements, which include appropriate security for performance and other assurances of responsibility. 9.1.2.3 The Director has the right to approve, disapprove, or require changes to any instrument offered as a bond. 9.1.3 Minimum Requirements 9.1.3.1 All bonds must meet the following minimum requirements: (a) The surety company issuing the bond must be qualified and licensed to do business in the State of Maryland. (b) The attorney-in-fact on the bond document must be properly authorized to bind the surety, which authorization may be documented by a power of attorney submitted with the bond, or the attorney-in-fact must be registered with the Circuit Court for Montgomery County, Maryland. (c) The obligee of the bond must be "Montgomery County, Maryland", or any additional or other obligee required by the County. (d) Any surety or insurance company that issues a bond in favor of the County consents to personal jurisdiction in the State of Maryland and, in the event that any legal action is filed upon the bond, venue shall lie exclusively in the Circuit Court for Montgomery County, Maryland. (e) The bond must be governed by, and construed in accordance with, the laws of the State of Maryland. 9.1.3.2 Under State law, a construction contract that exceeds $100,000 must require the contractor to provide payment security in an amount equal to at least 50 percent of the total amount payable under the contract and for performance security in an appropriate amount. For construction contracts that do not exceed $100,000, the Director may require payment security or performance security. 9.1.4 Substitutions Substitutions for bonds may be permitted only with permission of the County Attorney or pursuant to guidelines issued by the County Attorney. Substitutions may include letters of credit, cash deposits and other forms of security. Personal sureties are not acceptable substitutes for bond requirements. Any letter of credit accepted by the County Attorney must contain at least the following terms: 9.1.4.1 The letter of credit must be presentable to an institution located within the State of Maryland. 9.1.4.2 The issuer of the letter of credit must consent to the letter of credit being governed by, and construed in accordance with, the laws of the State of Maryland. 9.1.4.3 The issuer of the letter of credit must consent to personal jurisdiction in the State of Maryland; and 9.1.4.4 In the event that any legal action is filed upon the bond, venue shall lie exclusively in the Circuit Court for Montgomery County, Maryland. 9.2 Insurance General insurance requirements for contracts are specified by the Office of the County Attorney in the mandatory clauses. Requests for variances from those requirements must be approved by the Director. The Division of Risk Management, Department of Finance, must be consulted on all matters pertaining to insurance, particularly insurance amounts. 10.1 Fair and Reasonable Price Determination Before executing a contract or contract modification, the Director must make a final determination that prices to be paid by the County are fair and reasonable. In making this determination, the Director should consider the Using Department’s price analysis and, if obtained, cost or pricing data. The Director has authority to require that contract cost or pricing principles be followed by Using Departments. In addition, the Director may require a price analysis by Using Departments, particularly in the certification of fair and reasonable prices as required by these regulations. 10.1.1 Price Analysis Before making a recommendation for award, a Using Department must make a price analysis to determine that the prices are fair and reasonable. In making the price analysis, a Using Department should consider one or more of the following factors: 10.1.1.1 Prior award price for the goods or services being procured; 10.1.1.2 Prices contained in other offers responding to that solicitation; 10.1.1.3 Costs estimated for the procurement prior to the receipt of offers; 10.1.1.4 Commercial market prices and other commercial practices relating to costs; 10.1.1.5 Prices paid by other public entities for similar goods or services; or 10.1.1.6 Cost analysis which separates components of the offer and allocates costs among those components. 10.1.2 The Director may issue additional factors to the Using Departments for use in making a price analysis. 10.2 Requirements for Certified Cost or Pricing Data 10.2.1 An offeror or contractor must submit cost or pricing data, or both, in a form prescribed by the Director prior to approval of: 10.2.1.1 A competitively negotiated contract valued at more than $100,000; 10.2.1.2 A non-competitively negotiated contract valued at more than $50,000; 10.2.1.3 Any contract modification for which the price adjustment is expected to exceed $50,000 except contract modifications that are fully in accordance with the terms and conditions of the contract; or 10.2.1.4 Any other contract or contract modification, as may be required by the CAO or Director. 10.2.2 When Cost or Pricing Data is required: 10.2.2.1 Each contractor or offeror must at the request of the Director submit, in a form required by the Director, a certificate showing the data for the proposed work to be done, including work to be done by a subcontractor. The offeror or contractor must submit a certification that the data submitted are accurate, complete and current. 10.2.2.2 The contract or contract modification document must state that the price to the County, including profit or fee, may be adjusted by the Director to exclude from the price any sums determined by the Director to be allocable to inaccurate, incomplete or outdated cost or pricing data. 10.2.3 When a prime contractor is authorized to expend appropriated funds through subcontractors in the performance of a County contract, Subsections 10.2.1 and 10.2.2 are also applicable to subcontracts and subcontract modifications. 10.2.4 Before executing a contract or contract modification, the Director must make a determination as to the reasonableness of the cost or pricing data. The contract cost principles and procedures in the Federal Acquisition Regulations may be used as general guidelines when developing price determinations, if they are not at variance with County laws and regulations. 10.2.5 The requirements of section 10.2 do not apply to a contract or contract modification that is based on: 10.2.5.1 Adequate competition as determined by the Director; 10.2.5.2 Established catalog or market prices of commercial items sold in substantial quantities to the general public; 10.2.5.3 Prices set by laws or regulations; 10.2.5.4 A noncompetitive contract awarded under a resolution or appropriation approved by the County Council, if the Using Department has made the certification required by Section 17.3.2.; or 10.2.5.5 The Contractor has been specifically identified in a grant accepted by the County. 10.2.6 In exceptional cases, or for contracts or contract modifications with public entities, the Director may waive the requirement for cost or pricing data by making a written determination that explains why the waiver is in the best interest of the County. 11.1 General 11.1.1 Authorization Contract modifications may be initiated by the contractor, contracting officer, or the contract administrator. A contract modification is not effective, and a contractor must not proceed with performance under the modification, until and unless the contract modification is executed by the contracting officer. 11.1.2 Use- Special Circumstances 11.1.2.1 Under extraordinary circumstances, the Director may approve a contract modification: (a) for goods, services, or construction that has already been provided; (b) to a contract that has expired; or (c) to a contract that has been fully completed. 11.1.2.2 A contract modification may be used, among other things, to approve an equitable adjustment in the case of a unilateral change order. Subject to Chapter 20 of the County Code, a contract modification may be used to approve the settlement of a potential or pending contract dispute. 11.1.3 Policy for Contract Modifications that Change the Scope of a Contract 11.1.3.1 Contract modifications may not provide for less than full performance by the contractor as provided in the contract unless the contractor gives full and fair consideration (discount on contract price, additional work, etc.) in exchange for the contract modification. The County must not pay any additional monies under a contract modification for work which was required to be performed under the contract. 11.1.3.2 A modification to a contract that was awarded by a competitive solicitation process may not materially depart from the scope of the original solicitation unless the goods, services, or construction being acquired by the modification could be acquired from the incumbent contractor by a separate non-competitive or emergency procurement. In the absence of a non-competitive or emergency procurement justification, the modification must be of a kind that potential offerors reasonably could have anticipated. 11.1.4 Review 11.1.4.1 The Director reviews the proposed contract modification, with attachments if any. If the value of the proposed contract modification exceeds the threshold for an IFB or RFP, the Director must refer the contract modification to the CRC unless the Director determines that the change in compensation results from a mechanical application of an established cost indexing provision or other contract option which pre-determines price. Otherwise, the Director may approve the modification. 11.1.4.2 The CRC reviews contract modifications referred by the Director. The CRC may approve, approve with conditions or reject any contract modification. 11.2 Change Orders 11.2.1 Change orders may be initiated as provided in the contract. Generally, a change order is initiated by the contract administrator. The change order may not become effective, and a contractor may not proceed with performance of the change order, until and unless the change order is executed by the contracting officer. 11.2.2 Changes which are outside the scope of the contract should not be processed in the form of a change order. 11.2.3 The Director reviews the proposed change order, with attachments. If the net cost of all the changes in the proposed change order exceeds the threshold for an IFB or RFP, the Director must refer the change order to the CRC for review. Otherwise, the Director may approve the change order. 11.2.4 The CRC reviews change orders referred by the Director. The CRC may approve, approve with conditions, or reject any change order in whole or in part. 11.3 Field Orders 11.3.1 Field orders are used only in the following limited situations: 11.3.1.1 To direct work when unforeseen and unanticipated conditions arise which require immediate action to mitigate costs or avoid delay claims, and there is insufficient time to process a change order; 11.3.1.2 To order a minor change in the work not involving an adjustment in the contract sum or an extension of the contract time, not inconsistent with the intent of the contract documents; 11.3.1.3 To provide a written interpretation, including drawings, necessary for the proper execution or progress of the work consistent with and reasonably inferable from the contract documents if the interpretation does not adjust the contract sum or the contract time. 11.3.2 A field order may be issued by a person specifically delegated the authority to issue a field order under the contract and who acts as a contracting officer for the purpose of issuing the field order. If the estimated value of the field order exceeds the threshold for an IFB or RFP, the Using Department Head must consent to the field order prior to its issuance. A Using Department Head may not delegate this authority to the authorized government official at the place of performance. 11.3.3 Prohibited field orders Field orders are not permitted if there is sufficient time to process a change order, a contract amendment, or, if appropriate, a new procurement to satisfy the County's needs. 12.1 Termination Methods A contract may be terminated in three ways: 12.1.1 A contract may be terminated for default. If the contractor materially breaches the contract, the County, at its option, may cancel in whole or in part work under the contract. A termination for default is a termination for convenience if the termination for default is later found to be without justification. 12.1.2 A contract may be terminated for convenience at the option of the County if the termination is in the best interest of the County. Termination for convenience may entitle the contractor to payment for reasonable costs allocable to the contract for work or costs incurred by the contractor up to the date of termination. The contractor must not be paid compensation as a result of a termination for convenience that exceeds the amount encumbered to pay for work to be performed under the contract. 12.1.3 In special circumstances a contract may be terminated by mutual consent of the parties. 12.2. Authority to Terminate Only the contracting officer may terminate a contract. The County Attorney must approve each contract termination. 12.3 Process to Terminate 12.3.1 Termination for Default 12.3.1.1 The Using Department must provide the contracting officer with documentation demonstrating a material breach of the contract by the contractor. 12.3.1.2 If the contracting officer finds that the contractor is in default, the contracting officer must provide the contractor with a written notice to cure the default. If the contracting officer determines that default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the contracting officer may terminate the contract immediately by issuing an oral or written notice to the contractor without giving any prior notice or opportunity to cure. 12.3.1.3 The County Attorney must approve the issuance of the notice to cure and the issuance of a termination for default. 12.3.1.4 If the contractor disputes the issuance of a termination for default, the contractor must file a timely claim under Section 14.2. The contractor may not file a claim in response to a notice to cure. 12.3.2. Termination for Convenience 12.3.2.1 The Using Department must provide the contracting officer with documentation demonstrating that termination of the contract for convenience is in the best interest of the County. 12.3.2.2 If the contracting officer finds that the contract should be terminated for convenience, the contracting officer must provide the contractor with written notice that the contract will be terminated for convenience on the date specified in the notice. The notice must require the contractor to provide the contracting officer with documentation indicating the amount to which the contractor claims it is due as a result of the termination for convenience. 12.3.2.3 The contractor must provide the contracting officer within the time specified in the notice of termination for convenience with documentation substantiating the amount the contractor asserts it is due as a result of the termination for convenience. 12.3.2.4 If the contracting officer and the contractor agree on the amount due the contractor as a result of the termination for convenience, the County and the contractor must enter into a contract modification setting forth the amount due the contractor as a result of the termination for convenience. 12.3.2.5 The County Attorney must approve the issuance of the notice of termination for convenience and any resulting contract modification. 12.3.2.6 If the contractor and the contracting officer cannot agree on the amount due the contractor as a result of the termination for convenience, the contractor must file a timely claim under Section 14.2. 12.3.3 Termination by Mutual Consent 12.3.3.1 The Using Department must provide the contracting officer with documentation justifying termination of a contract by mutual consent. 12.3.3.2 If the contracting officer finds that it is in the best interest of the County to terminate the contract by mutual consent, the contracting officer may enter into a termination agreement. 12.3.3.3 The County Attorney must approve a termination agreement. 13.1 Defined A claim outside a contract is a demand or request for payment from a person who, at the direction of a County employee, has furnished goods, services, or construction to the County outside a contract. This may occur when: 13.1.1 goods, services, or construction was accepted without the award of a contract; 13.1.2 performance was accepted under a contract without a timely certification of available funds; 13.1.3 performance by a contractor was outside the scope of the contract and was accepted; or 13.1.4 goods, services, or construction was provided after the expiration of the contract, but otherwise in conformance with its terms and conditions. 13.2 Policy Claims outside contracts are not encouraged and must be avoided, whenever possible, by the Using Departments. However, a procedure is necessary to provide for fair compensation to a person who has provided the County with a benefit outside a contract. This procedure is discretionary and does not create any rights to payment to the person unless the claim is approved by authorized County officials. This procedure must not be utilized by the Using Departments to circumvent the requirements of these regulations. 13.3 Approval Requirements 13.3.1 If circumstances under 13.1.2 exist, the Director may approve a claim outside a contract after determining that sufficient funds have been encumbered to defray the cost of the performance under the contract. Once this determination has been made, the contract is valid and payment may be made, if otherwise due under the contract. The Using Department Head must submit a memorandum to the Director (1) requesting approval; (2) explaining why funds had not been encumbered; and (3) describing what steps the Using Department has taken to avoid a similar claim in the future. A Using Department Head must execute this memorandum. 13.3.2 Before any other claim outside a contract is approved, a Using Department must submit the following to the Office of the County Attorney: 13.3.2.1 A statement of all facts demonstrating that the County directed the person to proceed with performance, including the identity of every employee who directed the person to proceed; 13.3.2.2 A statement of all facts demonstrating that the person relied upon the direction of a County employee; 13.3.2.3 An analysis of the work performed and the benefit received, which must include a certification that the claim represents a fair and reasonable value including all facts that support the certification; 13.3.2.4 An explanation of the reason why the goods, services, or construction was not provided under a contract and a statement of actions taken or a plan to assure that this type of claim will not occur in the future; 13.3.2.5 A statement of any additional facts that indicatewhy the person is entitled to payment of the claim; 13.3.2.6 A written invoice; and 13.3.2.7 A proposed release, contract, or contract modification that makes the performance rendered by the person subject to all applicable mandatory clauses, and releases the County from any further claim. 13.4 Procedures for Approval 13.4.1 A Using Department must submit the information required in Section 13.3.2 to the County Attorney for review and action. 13.4.1.1 If the claim outside a contract is $10,000 or less, the County Attorney may approve the claim outside a contract in writing and return it to the Using Department which is responsible for processing the claim outside a contract approval for payment. 13.4.1.2 If the claim outside a contract is in excess of $10,000, the County Attorney may approve the claim outside a contract subject to approval of the CAO. If the County Attorney approves the claim, the County Attorney must submit a recommendation for approval to the CAO, in writing, together with documentation received from the Using Department. 13.4.1.3 If the County Attorney rejects a claim outside a contract, the County Attorney must state the reasons for the rejection in writing and return the documentation to the Using Department. The Using Department may resubmit the claim outside a contract to the County Attorney with additional information as requested or other information the Using Department may elect to submit. 13.4.1.4 If the County Attorney requests further information, the Using Department must furnish the requested information as expeditiously as possible. 13.4.2 After receipt of the claim outside a contract together with the County Attorney’s approval, the CAO may approve or reject the claim in writing and return all documentation to the Office of the County Attorney. Upon receipt of the copy of the original memorandum (without attachments) from the Using Department, the CAO may take any appropriate action to avoid future claims. 13.4.3 If approved for payment, the Using Department is responsible for processing payment of the claim outside a contact subject to any conditions imposed by the County Attorney or the CAO. 13.5 CAO and County Attorney’s Approval Authority Notwithstanding any provisions of this Section or these regulations, the determination of the validity of the claim outside a contract is made in the sole discretion of the County Attorney and the CAO, as provided in the Montgomery County Code. 14.1 Solicitation Protests 14.1.1 Definitions 14.1.1.1 In this section, offeror includes a prospective offeror. 14.1.1.2 Aggrieved means that the offeror who is filing the protest or appeal may be eligible for an award of the contract if the protest is sustained (e.g., a fourth ranked offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked offerors or would require that the solicitation be reissued). 14.1.2 Protest Only an offeror who is aggrieved may file a protest. An offeror is aggrieved only if the offeror can demonstrate that if the protest is sustained, the offeror may be eligible for the remedies allowed under Section 14.1.3.6(a) or (c). 14.1.2.1 Any offeror who is aggrieved in connection with a formal solicitation must file and deliver a written protest to the Director as follows: (a) If the bidder or offeror seeks as a remedy the award of the contract or costs under Section 11B-36(h) and Section 14.1.3.6(c), then the bidder or offeror must file and deliver a written protest within 10 days after the Director publicly posts the proposed award. (b) If the bidder or offeror seeks as a remedy the cancellation or amendment of the solicitation under Section 14.1.3.6(a), then the bidder or offeror must file and deliver a written protest before the submission date and time for bids or proposals. (c) If the bidder or offeror files and delivers a written protest under subsection (b) of this Section, but does not submit a bid or proposal by the submmission date, and the solicitation is not cancelled or amended, the bidder or offeror will not be eligible for the remedies allowed under subsection (a) of this Section. The Director must dismiss any protest not timely received. 14.1.2.2 Each protest must contain the following: (a) An identification of the solicitation from the County; (b) The protesting offeror’s name, address and telephone number; (c) A statement supporting that the offeror is aggrieved; (d) Specification of all grounds for the protest, including: (1) A submission of detailed facts and all relevant documents; (2) A citation to relevant language in the solicitation, regulations, or law relied upon; and (3) All other matters which the offeror contends supports the protest. (e) Factual allegations regarding information not appearing on the face of the solicitation or offer must be supported by affidavit based on personal knowledge. (f) A protest filing fee in the amount of $500.00. (g) If bid or proposal preparation costs are sought, the protesting offeror must provide by affidavit based on personal knowledge evidence supporting the costs claimed. 14.1.2.3 If, before filing a timely protest, an aggrieved offeror has requested in connection with the protest public records under the Maryland Public Information Act, the offeror may amend the grounds for the protest within 10 days of the County’s making available for inspection records that: (a) must be released under the Maryland Public Information Act at the time of the request for the records; and (b) demonstrate the offeror may have other grounds for the protest than the grounds specified in the protest. 14.1.2.4 After a protest is filed, the Director may give appropriate notice to other known offerors who may be affected by the protest. Other affected offerors may submit written comments or documents regarding the protest. All offerors are required to keep apprised of the current status of solicitations, proposed awards and protests; an offeror may not rely on notice of a protest from the Director. Notice by the Director is discretionary and need not be given. The burden of staying informed about the filing of a protest and the timely submission of comments by affected offerors is on the offerors. 14.1.2.5 The Director may hold a conference with all interested parties if the Director believes a conference would contribute to a resolution of the protest. 14.1.2.6 The burden of production of all relevant evidence, data and documents and the burden of persuasion to support the protest is on the offeror making the protest. 14.1.2.7 After considering the protest based on the record received, the Director must make a determination and finding regarding the protest. The Director’s determination and finding are in the nature of a reconsideration. The Director must forward by certified mail the determination and finding to the protesting offeror and other offerors who have participated in the protest. 14.1.3 Appeal 14.1.3.1 An offeror may appeal to the CRC a protest decision of the Director which adversely affects the offeror within 10 days after the date the decision is mailed. The offeror must be aggrieved to appeal. 14.1.3.2 The CRC must review the protest de novo, but the CRC must not consider any grounds except those presented to the Director under 14.1.2.2. 14.1.3.3 The appeal must be in writing and must include a copy of the protest and the decision of the Director. In addition, the appeal must contain all grounds for disagreement with the decision of the Director. The appealing offeror is confined to the grounds specified for the appeal and may not raise new grounds for the appeal after the initial appeal is filed with the CRC. 14.1.3.4 After the offeror files an appeal, the Director may submit to the CRC a response to the appeal. If the Director submits a response, then the Director must include in the response all documents in support of the response. 14.1.3.5 The CRC (with the Director not participating) must review the appeal. (a) If the CRC finds there is no genuine dispute as to a material fact and the appeal can be decided as a matter of law (which may include lack of aggrieved status or failure to comply with appeal procedures), the CRC must make proposed findings and a recommendation that decide the appeal. (b) If the CRC finds there is a genuine dispute as to a material fact and the appeal cannot be decided as a matter of law, it must notify the appealing offeror, the proposed awardee, the Director, and the Using Department, and the CRC must conduct further proceedings, which may include a hearing. If a hearing officer is designated by the CRC, the hearing officer must conduct the hearing and make proposed findings and a recommendation to the CRC. After the hearing (if any) and based on the record, the CRC may accept, reject, or modify the hearing officer’s proposed findings of fact and recommendation, and must, in turn, submit a recommended decision on the appeal to the CAO. (c) The CRC must send a copy of the recommended decision to the CAO who may approve, revise, or remand the decision. If the CAO takes no action within five working days, the decision of the CRC becomes the final decision of the CAO. (d) The final decision must be mailed to the appealing offeror and other offerors who have participated in the appeal. (e) The final decision of the CAO is subject to appeal to the Circuit Court under the Maryland Rules governing administrative appeals. 14.1.3.6 Remedies (a) Remedies before an award: If a protest or appeal is sustained before an award, then the solicitation or proposed award must be: (1) canceled; or (2) revised to comply with the law. (b) Remedies after an award: If a protest or appeal is sustained after an award, then: (1) if the person awarded the contract has not acted fraudulently or in bad faith: (A) the contract may be ratified and affirmed; or (B) the contract may be terminated and the person awarded the contract must be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, prior to the termination; or (2) if the person awarded the contract has acted fraudulently or in bad faith, the CRC may make a specific recommendation to the Director to take an action authorized under Section 11B-39(b) of the Montgomery County Code. (c) A monetary award in favor of a protesting bidder or offeror is limited to reasonable bid or proposal preparation costs. Bid or proposal preparation costs may be awarded only if: (1) the protesting bidder or offeror should have been awarded the contract; and (2) the award has been made to another. (d) The Director or CRC may return the filing fee to the protesting bidder or offeror, if the protest or appeal is sustained. 14.1.4 Standard of Review of QSC Recommendations If the evaluation of the proposals by the QSC is challenged, the Director or, in the case of an appeal, the CRC, must give deference to the judgment of the QSC. The QSC’s recommendation must be affirmed where a reasoning mind could arrive at the conclusion reached by the QSC consistent with proper application of applicable procurement laws, regulations, and solicitation requirements. 14.1.5 Contract Awards 14.1.5.1 Generally, performance under a contract does not commence until the later of 10 days from the date of posting of the proposed awardee or, in the case of a protest, the final administrative decision has been made by the County. 14.1.5.2 The Director may award a contract and authorize performance under a contract before the 10 days has elapsed or a final administrative decision made with regard to a protest after making a determination and finding that awarding the contract without delay is necessary to protect the interests of the County. The Director should consider the following: (a) The merits of any protesting offeror's complaint; (b) The need of the government for the procurement which is the subject of the protest; (c) The fluctuations in the market affecting costs; (d) The unwillingness of the proposed awardee to delay performance under the contract or to extend its offer; or (e) Other factors affecting on the interests of the County. 14.1.6 Solicitation Protest Hearing Procedures; Powers of Hearing Authority 14.1.6.1 Hearings are held at a time and place designated in a written notice to the parties to the appeal. The hearing is on the record and must be open to the public, unless otherwise ordered by the hearing authority or as provided by law. 14.1.6.2 The hearing authority must arrange for a verbatim recordation of all testimony. The Using Department must pay the cost of the recordation. A party requesting a transcript must bear the expense of the transcript. The hearing authority must maintain a record of the proceedings which consist of the verbatim recordation or transcript, exhibits, and the hearing authority’s proposed findings of fact and recommendations. 14.1.6.3 A hearing authority must not consider an ex-parte communication except as provided in the Montgomery County Public Ethics Law. 14.1.6.4 Each party may: (a) be represented by counsel authorized to practice law in Maryland; (b) file motions; (c) present evidence, including testimony and exhibits; (d) cross-examine witnesses; and (e) argue in support of its respective positions. 14.1.6.5 Subject to the direction of the hearing authority, proceedings are informal. Although the hearing authority has full discretion to proceed in an orderly fashion, the following is the usual order for presentation of the appeal: (a) Opening statements (appealing offeror first, proposed awardee second, Director last); (b) Presentation of witnesses and documents (appealing offeror first, proposed awardee second, Director last); and (c) Closing argument (appealing offeror first, proposed awardee second, Director last). 14.1.6.6 The hearing authority may establish requirements with respect to discovery and other pre-hearing submissions and procedures. 14.1.6.7 The hearing authority may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence that is reliable in nature. The hearing authority must give effect to the rules of privilege recognized by law. The hearing authority may exclude incompetent, unreliable, irrelevant or unduly repetitious evidence, or admit evidence at its own request. The hearing authority may question witnesses on any point. 14.1.6.8 The hearing authority may: (a) set any reasonable schedule for the hearing, motions, and presentation of evidence; (b) accept stipulations; (c) require the swearing of witnesses; (d) take official notice of commonly cognizable facts; (e) rule on motions and objections; (f) subpoena and examine witnesses; (g) accept exhibits into the record; (h) administer oaths and affirmations; (i) grant or deny a request for a subpoena, including a subpoena duces tecum; (j) impose sanctions for failing to provide required discovery; (k) for good cause shown, keep the record open for receipt of additional evidence or submissions by the parties after the close of the hearing; and (l) make any other ruling necessary to promote fairness or efficiency in the hearing process, including a recommended summary disposition of the appeal. 14.1.6.9 The burden of proof and the burden of persuasion with respect to the appeal is on the appealing offeror. 14.1.6.10 The hearing officer must prepare and submit to the CRC a written report containing proposed findings of fact and recommendations based on the record. A copy of the report must be forwarded to all parties. 14.1.6.11 The CRC may hear separate appeals from different offerors on the same proposed contract award in the same hearing or in separate hearings. 14.2 Contract Disputes 14.2.1 Definitions 14.2.1.1 In this section claim means: (a) a demand by a contractor or the County that seeks the payment of money, an adjustment of time, an adjustment or interpretation of a contract provision, or other relief arising under or relating to a contract; or (b) a disagreement arising from a decision by the Director regarding a contract termination under 11B.00.01.12 of these regulations. 14.2.1.2 In this section a dispute means an unresolved claim. 14.2.2 General 14.2.2.1 Administrative Process (a) A contractor must use the process set out in this section to file and resolve a claim or dispute under a contract. (b) The County may use the process set forth in this section to resolve an affirmative claim or dispute under a Contract. 14.2.2.2 Procedure. (a) Contractor: Except with respect to a claim arising from a decision of the Director terminating a contract, a contractor must notify the contract administrator in writing of the claim, and must attempt to resolve the claim with the contract administrator prior to filing a dispute with the Director. A contractor must file a dispute with the Director within 30 days of the event giving rise to the claim (unless the contract provides otherwise), whether or not the contract administrator has responded to the written notice of claim or resolved the claim. The contractor waives any dispute not timely filed. The Director and the CAO must dismiss a dispute that is not timely filed. If the dispute arises from a decision of the Director terminating a contract, the Director must treat the dispute as a request for reconsideration. (b) County/Using Department: In addition to any other remedies the County may have, the Using Department may use the administrative process established by these regulations. To use this process, the Using Department may notify the contractor or contractor’s agent of the claim in writing within 30 days of the event giving rise to the claim and may attempt to resolve the claim with the contractor prior to filing a dispute with the Director. The Using Department may file a dispute regarding a setoff or payment with the Director at any time before final payment occurs. The Using Department may file a dispute regarding a latent defect within 60 days of discovery of the defect. (c) When the Director has delegated the authority to consider a dispute to the Using Department, the party filing the dispute must file it with the Director of the Using Department, followed by an appeal to the CAO. 14.2.2.3 When first filing a dispute, the party that files a dispute (a contractor or the Using Department, whichever initiates the dispute) must provide the following information to the Director as part of the filing: (a) The name and identification number of the contract with the County; (b) The name, address and telephone number of the contractor, if the contractor files the dispute. If the Using Department files the dispute, the name, address and telephone number of the contract administrator of the Using Department must be provided; (c) All grounds supporting the contractor's or Using Department’s requested relief, including: (1) The detailed facts and all relevant documents; (2) The relevant language in the contract, regulations, or law relied upon; (3) All other matters which the contractor or Using Department contends support the claim; and (4) The relief requested. (d) The factual allegations contained in the dispute must be supported by one or more affidavits based on personal knowledge. (e) The non-filing or responding party may submit a response to the allegations contained in the dispute within 30 days after the filing of the dispute. The response must include any documented information that addresses the information supplied with the dispute in the manner described in subsection (c) of this Section. 14.2.2.4 (a) The Director, after consulting with or obtaining written information from the non-filing party, must decide a dispute within 45 days after receiving the documents and information specified in Section 14.2.2.3 unless the filing party agrees to extend the time for a decision. (b) If the Director denies a dispute, in whole or in part, the contractor or Using Department may file a contract dispute appeal with the CAO. The dispute appeal must be filed within 30 days after the party receives the Director’s decision. If no decision is rendered by the Director within 45 days of the Director’s receipt of the documents and information specified in Section 14.2.2.3, then the dispute appeal must be filed within 75 days after the party filed the dispute. (c) Unless the Director and the filing party agree, a dispute may not be resolved by mediation or binding arbitration. 14.2.2.5 The CAO may hold a conference with all interested parties if the CAO believes a conference would contribute to a resolution of the dispute. 14.2.2.6 The filing party bears the burden of proof and the burden of persuasion to support the relief requested. 14.2.2.7 Pending final resolution of a dispute, the contractor must proceed diligently with contract performance unless the County has terminated the contract. 14.2.2.8 The CAO may consolidate disputes if the disputes have common questions of law or fact. The time limits in Section 14.2 for the last dispute filed apply to the consolidated dispute. 14.2.2.9 The CAO or the Director may order a contractor that is not a party to the appeal or the contract under which the dispute has been filed to become a party to the proceeding if the dispute on appeal may be based, in whole or in part, on the performance of the other contractor. The Director or CAO may order the other contractor to compensate another party to the dispute appeal, including the County, for damages incurred as a result of the other contractor’s failure to perform a contract obligation. 14.2.2.10 Upon receipt of the contract dispute appeal, the CAO must review the dispute de novo, but the CAO must not consider any grounds except those presented by the filing party under 14.2.2.3. (a) The appealing party must file a dispute appeal with the CAO. The dispute appeal must identify the relief sought and all grounds and materials supporting the request for relief. The appealing party must provide a copy of the dispute appeal to the opposing party, the Director and the County Attorney. (1) At the time of filing a dispute appeal involving $25,000 or more with the CAO, the appealing party must provide to the other parties to the dispute a written notice which contains: (A) the name and, if known, the address and telephone number of each individual likely to have discoverable information regarding facts concerning the dispute; (B) a computation of each category of damages or other specific relief sought; and (C) the name, address, and telephone number of each individual from whom the contractor expects to obtain expert testimony. The notice must include a written statement that contains: (i) a complete statement of each opinion to be expressed; (ii) the basis and reason for each opinion; (iii) the data or other information considered by the expert in forming each opinion; (iv) the qualifications of the expert, including a list of all publications authored by the expert; and (v) a list of each case in which the expert has testified as an expert within the preceding 4 years. (D) the parties have a continuing obligation to promptly supplement any change in information contained in the written notice required in this subjection. (2) The other parties must provide the notice required under paragraph (1) to the appealing contractor and any other party: (A) within 90 days after being served with the notice required under paragraph (1) if the dispute involves more than $100,000; or (B) within 60 days after being served with the notice required under paragraph (1) if the dispute involves $100,000 or less. (b) The Director must file a response with the CAO to the dispute appeal within 15 days after the dispute is filed. The Director must include a complete copy of the contract in the response unless the appealing party has provided it in the dispute appeal. The Director must send a copy of the response to the parties. (c) The CAO may require the contractor or the Using Department and the Director to submit additional information. (d) Summary disposition. If the CAO finds, based on the record, that the appealing party failed to comply with the requirements of section 14.2.2, the CAO must summarily deny the appeal within 30 days after receiving the appeal. If the CAO finds, based on the record, that the appealing party complied with the requirements of section 14.2.2, and there are no genuine disputes of material fact, the CAO must decide the appeal without a hearing within 30 days after receiving the appeal. The CAO must state in writing the reasons that support the decision. The CAO may request supplemental memoranda from the parties and extend the time for issuing a decision, with the parties’ consent. (e) If the CAO determines that the appeal cannot be decided under section (d) above, the CAO must order a hearing. The CAO may designate a hearing officer to conduct the hearing, and may limit the issues to be heard. If a hearing officer is designated by the CAO, the hearing officer must conduct the hearing in accordance with section 14.2.4 and make proposed findings of fact and recommendation to the CAO. The hearing must be completed in conformance with the time requirements imposed by Chapter 11B of the Code. After the hearing and based on the record, the CAO must make a written decision on the appeal, including proposed findings of fact and recommendation within 30 days after receiving the hearing officer's report. The CAO may adopt, modify or reject the findings of fact and recommendation of the hearing officer’s report. (f) The County/Using Department may file a contract dispute appeal under this Section. When filing a dispute appeal, the same filing requirements and timelines delineated in Section 14.2.2.10(a) through (e) apply to the appeal. (g) The contractor may appeal the final decision of the CAO to the Circuit Court pursuant to the Maryland Rules governing judicial review and as provided under Section 11B-35(d) of the Code. Either the contractor or the County may appeal the Circuit Court’s decision to the appellate courts of Maryland. 14.2.2.11 Unless the CAO and the appeal party agree, a contract dispute appeal may not be resolved by mediation or binding arbitration. 14.2.3 Contract Dispute Procedures 14.2.3.1 Discovery Whether or not a hearing has been ordered, each party to an appeal in a contract dispute is entitled to obtain the following discovery regarding any matter, not privileged, which is relevant to the appeal: (a) Any time after a contract dispute appeal has been filed with the CAO, a party may serve another party with a request for production, inspection, and copying of documents or any tangible things. Within 30 calendar days after service, the party served must respond stating that inspection and copying will be permitted or stating the basis for any objection. (b) If the value of the dispute exceeds $250,000, any party may take depositions, upon oral examination, before an officer authorized to administer oaths at a place of examination, for the purpose of discovery or for use as evidence. The party desiring to take a deposition must serve a notice of deposition upon oral examination at least 7 calendar days before the date of the deposition. A party must not take more than 5 depositions without leave of the hearing authority or agreement of the parties. 14.2.3.2 Pre-Hearing Report Seven days prior to the commencement of the hearing, the contractor and the County must submit a pre-hearing report to the hearing authority, with a copy to the other parties. Each pre-hearing report must: (a) Explain each claim and defense relied upon by the party; (b) List all issues not in dispute, facts stipulated, and facts to which the other party is requesting stipulation; (c) List each witness (except for rebuttal witnesses) to be called by the party and a summary of the facts to which the witness is expected to testify; (d) List each expert witness to be called and attach a copy of any report prepared by the expert witness. Unless contained in the expert’s report, the party must provide: (1) a complete statement of each opinion to be expressed; (2) the basis and reason for each opinion; (3) the data or other information considered by the expert in forming each opinion; (4) the qualifications of the expert, including a list of all publications authored by the expert; and (5) a list of each case in which the expert has testified as an expert within the preceding 4 years. and; (e) List each exhibit to be introduced by the party. 14.2.4 Hearing Procedures; Powers of Hearing Authority 14.2.4.1 The CAO may designate a hearing officer to conduct a hearing and make proposed findings of fact and recommendations to the CAO. If the CAO designates a hearing officer, the hearing officer has all the authority granted in section 14.2.4 granted to the hearing authority except the authority to make a final agency decision. 14.2.4.2 The hearing authority must provide written notice to the parties designating a time and place for the hearing. The hearing must be on the record and be open to the public, unless otherwise ordered by the hearing authority or as provided by law. 14.2.4.3 The hearing authority must arrange for a verbatim recordation of all testimony. The Using Department must pay the cost of the recordation. A party requesting a transcript must bear the expense of the transcript. The hearing authority must maintain a record of the proceedings which consists of the verbatim recordation or transcript exhibits, and the hearing authority’s proposed findings of fact and recommendations. 14.2.4.4 A hearing authority must not consider an ex parte communication except as provided in the Montgomery County Public Ethics Law. 14.2.4.5 Each party may: (a) be represented by counsel authorized to practice law in Maryland; (b) file motions; (c) present evidence, including testimony exhibits; (d) cross-examine witnesses; and (e) argue in support of its respective positions. 14.2.4.6 Subject to the direction of the hearing authority, proceedings are informal. Although the hearing authority has full discretion to proceed in an orderly fashion, the following is the usual order for presentation of the appeal: (a) Opening statements (appealing contractor first, County last); (b) Presentation of witnesses and documents (appealing contractor first, County last); and (c) Closing argument (appealing contractor first, County last). 14.2.4.7 The hearing authority may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence that is reliable in nature. The hearing authority must give effect to the rules of privilege recognized by law. The hearing authority may exclude incompetent, unreliable, irrelevant or unduly repetitious evidence, or admit evidence at its own request. The hearing authority may question witnesses on any point. 14.2.4.8 The hearing authority may: (a) set any reasonable schedule for the hearing, motions, and presentation of evidence; (b) accept stipulations; (c) require the swearing of witnesses; (d) take official notice of commonly cognizable facts; (e) rule on motions and objections; (f) subpoena and examine witnesses; (g) accept exhibits into the record; (h) administer oaths and affirmations; (i) grant or deny a request for a subpoena, including a subpoena duces tecum; (j) impose sanctions for failing to provide required discovery; (k) for good cause shown, keep the record open for receipt of additional evidence or submissions by the parties after the close of the hearing; and (l) make any other ruling necessary to promote fairness or efficiency in the hearing process, including a recommended summary disposition of the contract dispute appeal. 14.2.4.9 The burden of proof and the burden of persuasion with respect to the appeal is on the appealing contractor. 14.2.4.10 The hearing officer must prepare and submit to the CAO, a written report containing findings of fact and recommendations based on the record. A copy of the report must be forwarded to all parties. 14.2.5 Alternative Dispute Resolution 14.2.5.1 If an election to mediate the dispute has been made, the parties must enter into a mediation agreement which: (a) states how a mutually acceptable mediator will be chosen; (b) defines the consequences for failing to resolve the dispute through mediation; and (c) provides that the cost of the mediation services will be borne equally by the parties. 14.2.5.2 (a) If an election to submit the dispute to binding arbitration is made, the parties must enter into an agreement which: (1) states how a mutually acceptable arbitrator will be selected. The parties may agree to use an arbitration service such as the American Arbitration Association or the Federal Mediation and Conciliation Service. Unless the parties agree otherwise, or the arbitration service selected provides for another method of selection, the parties must alternatively strike the proposed arbitrators until one remains. (2) provides that the cost of the arbitration services will be borne equally by the parties; and (3) provides for mutual discovery and hearing procedures. (b) An arbitrator has no authority to amend, add to, or subtract from applicable State and Montgomery County law, Montgomery County Procurement Regulations, and the terms of the contract under which the dispute arises. The arbitrator must make an award that is consistent with applicable law, regulations, and the terms of the contract. (c) In arbitration, the contractor bears the burden of proof and the burden of persuasion to support the relief requested. (d) Pending final resolution of the dispute by arbitration, the contractor must proceed diligently with contractor performance unless the County has terminated the contract. 15.1 Purpose The CRC is established for the purpose of reviewing and evaluating certain procurement actions, recommendating resolution of solicitation protest appeals, advising the CAO and Director on matters pertaining to procurement in Montgomery County, and performing such other responsibilities as provided in these regulations or assigned by the CAO. 15.2 Composition 15.2.1 Voting Members. The CRC is composed of the following voting members 15.2.1.1 The Chair or an alternate designated by the CAO. 15.2.1.2 The Director or the Director’s designee. 15.2.1.3 The Director of the Office of Management and Budget or that Director’s designee. 15.2.1.4 The Director of the Staff of the County Council or that Director’s designee, when a County Council procurement action is considered. 15.2.1.5 If the CRC is deciding a solicitation protest appeal, the CAO must designate an impartial County employee as a member in place of the Director. In all other cases the County Attorney or designee becomes a voting member in the case of a disqualification or absence of a voting member. 15.2.2 Advisory Members (non-voting) 15.2.2.1 The County Attorney or designee is a non-voting member. 15.2.2.2 The CAO may designate a Using Department representative as a non-voting member. 15.3 Authority 15.3.1 The CRC derives its authority from these regulations and the CAO. 15.3.2 The CRC may request any information from Using Departments that it deems necessary in connection with the exercise of its authority and responsibilities. The Director, acting on behalf of the CRC, may request Using Departments to furnish certain documentation or take certain actions either for submittal to the CRC for review or in order to implement CRC decisions. Using Departments should respond to requests as expeditiously as possible. 15.3.3 The Director must prepare the agenda of the CRC, subject to the direction of the Chair, and may issue guidelines to the Using Departments with respect to required submissions, time deadlines and other matters pertaining to the orderly conduct of the agenda for the CRC. This may include coordinating Using Department representatives’ attendance at CRC meetings. 15.3.4 The CRC may condition its approval of procurement actions. The conditions must be satisfied before the procurement may be consummated. 15.3.5 The CRC may hold hearings, call witnesses, receive documentation and correspondence and conduct investigations. 15.4 Minutes and Records 15.4.1 The Director is responsible for preparing meeting minutes in accordance with the requirements of the State Open Meetings Act. 15.4.2 The minutes reflect voting and actions on each agenda item. 15.4.3 The Chair must maintain CRC solicitation protest appeal records until the dispute is finally resolved. The Director maintains all other records. After the solicitation protest appeal is finally resolved, the Chair must transmit the record to the Director. 15.5 Duties and Responsibilities 15.5.1 The CRC has the following responsibilities. 15.5.1.1 Approving sole source procurements valued above the threshold for an IFB or RFP. This provision does not apply to software maintenance or support approved by the Director in accordance with Section 4.1.12.2(b) as a non-competitive procurement. 15.5.1.2 Approving all change orders or amendments to a contract valued above the threshold for an IFB or RFP, unless the Director determines that the change in compensation results from a mechanical application of an established cost indexing provision or other contract option which pre-determines price. 15.5.1.3 Approving a contract extension beyond the original term, except: (a) An extension authorized in the original contract, or (b) A single extension of the original term by 12 months or less. 15.5.1.4 Considering procurement matters referred to the CRC by the CAO, the County Attorney, the Director or a Using Department Head. 15.5.1.5 Recommending resolution of solicitation protest appeals. 15.5.1.6 Considering other procurement matters as provided in these regulations. 15.5.2 The CRC may undertake special investigations or studies and render reports as directed by the CAO. 15.5.3 The CRC may coordinate its review of proposed procurement actions with the budgets, programs, and procurement actions of the Using Departments. All public and private participants in the procurement process are subject to County ethics laws under Chapters 11B and 19A of the Montgomery County Code and the applicable regulations for standards of conduct required in contracting. Questions regarding ethical issues should be directed to the Montgomery County Ethics Commission, the Office of the County Attorney, or the Director. 17.1 General Authority The Director, upon a recommendation from the Using Department, may enter into a non-competitive contract if the person was named or designated in: 17.1.1 a grant accepted by the County; or 17.1.2 or resolution or appropriation approved by the County Council. 17.2 Authority of the Director The Director, upon a recommendation from a Using Department, may determine that the contract serves a public purpose and enter into the contract. 17.3 Other requirements 17.3.1 Contracts entered into under the grant authority contained in Chapter 11B of the Code must meet all requirements specified by the County Attorney and the Director. The contract must be in a form approved by the County Attorney. The contract should include specifications or conditions of performance under the contract, identification of payment schedules, and other mandatory provisions usually expected in County contracts. 17.3.2 A Using Department, prior to County Council approval of a grant award, must certify to the County Council, the Office of Management and Budget, and the Director that: 17.3.2.1 the proposed grantee would qualify as a responsible offeror under Section 6.3; 17.3.2.2 the grant amount is fair and reasonable after making a price analysis required under Section 10.1.1; and 17.3.2.3 the services, goods, and construction funded by the grant award are in the public interest. 18.1 Debarment 18.1.1 After consulting with the Using Department and the County Attorney, the Director may debar a person from consideration for award of contracts, for a length of time to be determined by the Director. The length of time should not be less than the time which would be expected to include one or more solicitations for the type of work being provided by the debarred person. The debarment time imposed by the Director is not limited by the debarment time imposed by another public entity. 18.1.2 The Director must maintain a list of debarred persons and corresponding dates of debarment. 18.1.3 The Director may debar a person for any of the following reasons: 18.1.3.1 Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract; 18.1.3.2 Conviction of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, kickbacks or any other offense indicating a lack of business integrity; 18.1.3.3 Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; 18.1.3.4 Violation of County contract provisions of a character which is regarded by the Director to be so serious as to justify debarment action, which may include: (a) deliberate failure without good cause to perform under the specifications or within the time limits provided in the contract; or (b) a record of failure to perform or of unsatisfactory performance under the provisions of one or more contracts; however, failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor are not a basis for debarment; 18.1.3.5 violation of the ethical standards set forth in Chapter 11B or Chapter 19A of the Code; or 18.1.3.6 any other serious cause the Director determines to be so compelling as to affect the competency or integrity of a potential contractor, including debarment by another public entity. 18.1.4 The Director must send a notice of proposed debarment to the person whom the Director proposes to debar. The notice must inform the person of: 18.1.4.1 the factual basis constituting probable cause for debarment; and 18.1.4.2 the right, within 10 days, to provide written reasons why the person should not be debarred and, if desired, to request a hearing. 18.1.5 After reviewing the record, the Director determines whether there are disputes of material fact. 18.1.5.1 If the Director determines there are no genuine disputes of material facts, the Director must issue a decision on the debarment. 18.1.5.2 If the Director determines there are genuine disputes of material facts, the Director must conduct a hearing and may designate a hearing officer to take evidence and to make proposed findings to the Director. 18.1.6. The Director must send a copy of a recommended determination and finding to the CAO. The CAO may approve, revise, or remand the Director’s recommended decision based on the record. If the CAO takes no action within 5 working days after receiving the Director’s decision, the decision of the Director becomes the final decision of the CAO. 18.1.7 The final decision must be mailed to the person who was subject to the debarment proceeding. 18.1.8 A determination by the Director or the CAO not to debar a person does not preclude the Director from finding the person not responsible in the context of a specific solicitation. 18.2 Suspension 18.2.1 If the Director initiates debarment proceedings, the Director may suspend a person from consideration for award of contracts. The suspension may not exceed 6 months. 18.2.2 The Director must send a notice of proposed suspension to the person whom the Director proposes to suspend. The notice must inform the person of the right to provide written reasons why the person should not be suspended. 18.2.3 A person who receives a notice of proposed suspension must provide written reasons opposing the suspension within 10 days after the Director issues the notice of proposed suspension. 18.2.4 After reviewing any material supplied by the person, the Director must make a determination and finding regarding the suspension. 18.2.5 The Director must send a copy of the recommended determination and finding to the CAO who may approve, revise, or remand the decision. If the CAO takes no action within 5 working days, the decision of the Director becomes the final decision of the CAO. 18.2.6 The final decision must be mailed to the person who was the subject of the suspension proceedings. 18.3 Hearing Procedures 18.3.1 Discovery 18.3.1.1 Each party to a debarment proceeding is entitled to obtain the following discovery regarding any matter, not privileged, which is relevant to the debarment proceeding: 18.3.1.2 Any time after the Director decides to conduct a hearing in the debarment proceeding, a party may serve another party with a request for production, inspection, and copying of documents or any tangible things. Within 30 calendar days after service, the party served must respond stating that inspection and copying will be permitted or stating the basis for any objection. 18.3.1.3 Any party may take depositions, upon oral examination, before an officer authorized to administer oaths at a place of examination, for the purpose of discovery or for use as evidence. The party desiring to take a deposition must serve a notice of deposition upon oral examination at least 7 days before the date of the deposition. A party must not take more than 5 depositions without leave of the hearing authority or agreement of the parties. 18.3.2 Pre-Hearing Report Seven days prior to the commencement of the hearing, the parties to the debarment proceeding must submit a pre-hearing report to the hearing authority, with a copy to the other parties. Each pre-hearing report must: 18.3.2.1 Explain each ground or defense relied upon by the party; 18.3.2.2 List all issues not in dispute, facts stipulated, and facts to which the other party is requesting stipulation; 18.3.2.3 List each witness (except for rebuttal witnesses) to be called by the party and a summary of the facts to which the witness is expected to testify; 18.3.2.4 List each expert witness to be called and attach a copy of any report prepared by the expert witness. Unless contained in the expert’s report, the party must provide: (a) a complete statement of each opinion to be expressed; (b) the basis and reason for each opinion; (c) the data or other information considered by the expert in forming each opinion; (d) the qualifications of the expert, including a list of all publications authored by the expert; and (e) a list of each case in which the expert has testified as an expert within the preceding 4 years; and 18.3.2.5 List each exhibit to be introduced by the party. 18.3.3 Hearing Procedures; Powers of Hearing Authority 18.3.3.1 If the Director designates a hearing officer, the hearing officer has all the authority granted in these regulations except to make a final agency decision. 18.3.3.2 Hearings are held at a time and place designated by the hearing authority in a written notice to the parties to the debarment proceeding. The hearing authority must provide written notice to the parties designating a time and place for the hearing. The hearing must be on the record and be open to the public, unless otherwise ordered by the hearing authority or as provided by law. 18.3.3.3 The hearing authority must arrange for a verbatim recordation of all testimony. The Director must pay for the recordation. A party requesting a transcript must bear the expense of the transcript. The hearing authority must maintain a record of the proceedings which consists of the verbatim recordation or transcript, exhibits, and the hearing authority’s proposed findings of fact and recommendations. 18.3.3.4 A hearing authority must not consider an ex parte communication except as provided in the Montgomery County Public Ethics Law. 18.3.3.5 Each party may: (a) be represented by counsel authorized to practice law in Maryland; (b) file motions; (c) present evidence, including testimony and exhibits; (d) cross-examine witnesses; and (e) argue in support of its respective position. 18.3.3.6 Subject to the direction of the hearing authority, proceedings are informal. Although the hearing authority has full discretion to proceed in an orderly fashion, the following is the usual order for presentation of the debarment proceeding: (a) Opening statements (County first, person subject to debarment last); (b) Presentation of witnesses and documents (County first, person subject to debarment last); and (c) Closing argument (County first, person subject to debarment last). 18.3.3.7 The hearing authority may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence that is reliable in nature. The hearing authority must give effect to the rules of privilege recognized by law. The hearing authority may exclude incompetent, unreliable, irrelevant, or unduly repetitious evidence, or admit evidence at its own request. The hearing authority may question witnesses on any point. 18.3.3.8 The hearing authority may: (a) set any reasonable schedule for the hearing, motions, and presentation of evidence; (b) accept stipulations; (c) require the swearing of witnesses; (d) take official notice of commonly cognizable facts; (e) rule on motions; (f) subpoena and examine witnesses; (g) accept exhibits into the record; (h) administer oaths and affirmations; (i) grant or deny a request for a subpoena, including a subpoena duces tecum; (j) impose sanctions for failing to provide required discovery; (h) for good cause shown, keep the record open for receipt of additional evidence or submissions by the parties after the close of the hearing; and (i) make any other ruling necessary to promote fairness or efficiency in the hearing process, including a recommended summary disposition of the debarment proceeding. 18.3.3.9 The burden of proof and the burden of persuasion with respect to the debarment proceeding is on the County. 18.3.3.10 The Director must prepare and submit to the CAO a written report containing proposed findings of fact and recommendations based on the record. A copy of the report must be forwarded to all parties.

1. Minimum Copy Fee A minimum copy fee of $10.00 is required for paper copies of each formal solicitation, which includes any amendments. There is no minimum copy fee for electronic copies of formal non-construction solicitations issued by the County, which includes any amendments. 2. Variable Copy Fee A variable copy fee is required for construction plans and specifications, which includes the minimum copy fee. The variable copy fee will be certified by the using agency or department to the Department of General Services, Office of Procurement, based upon the costs associated with preparing and printing of construction plans and specifications for each procurement. 1. No fee. 1. Payment All required copy fees must be paid in full before a copy of the formal solicitation is released to the person requesting the solicitation material. Each request for a new formal solicitation must be accompanied by the full applicable copy fee. 2. Refunds Minimum and variable copy fees are not refundable under any circumstances, including cancellation of a solicitation. 3. Transfers Minimum and variable copy fees are not transferable. 4. Waiver of Fees The Director, Department of General Services, or the Division Chief of the Office of Procurement may waive the minimum and variable formal solicitation copy fees under the following conditions: a. competition would be unduly restricted; b. undue hardship would be caused to minority owned businesses as defined in the Montgomery County Code; or c. when it is in the best interest of the County. Severability If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. Effective Date This Regulation becomes effective 30 calendar days after the County Council adopts a formal resolution approving the Regulation. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

1. A subscription fee of $200 is required for a two year period 1. Information and Access Upon payment of the subscription fee, access will be provided to the On-Line Procurement System containing computerized procurement information. Users who elect to pay the subscription fee will not have to pay the existing solicitation copy fee. The system will be available 24 hours a day, on a seven days a week basis. 2. Payment The subscription fee must be paid in full before a user will be provided access rights and passwords. 3. Refunds The subscription fee is not refundable under any circumstances. 4. Transfers The subscription fee is not transferable. 5. Waiver of Subscription Fee The Director, Office of Procurement, may waive the formal subscription fee under the following conditions: a. competition would be unduly restricted b. undue hardship would be caused to minority owned businesses as defined in the Montgomery County Code; or c. when it is in the best interest of the County If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

1.1 Authority 1.1.1 Section 314 of the County Charter provides that the County Council "shall prescribe by law for competitive procurement for purchases by or contracts with the County in excess of an amount or amounts established by law." 1.1.2 Chapter 11B of the County Code implements Section 314 and applies to "every expenditure of public funds ... by the County ... to acquire goods, services, or other construction except as otherwise provided by the County, State or federal law." 1.1.3 Section 11B-4 of the County Code exempts certain procurements from the application of Chapter 11B. Section 11B-4(f) specifically provides that Chapter 11B does not apply to the process of "obtaining electricity, natural gas, and compressed natural gas under executive regulations developed by the Chief Administrative Officer and approved by the County Council." 1.1.4 These regulations are intended to apply only to the purchase of electricity, including clean renewable credits and other electricity-related products. 1.1.5 These regulations may be suspended or waived by the CAO with respect to any procurement action taken pursuant these regulations, upon a determination and finding setting forth the reasons why the best interests of the County would be served by the waiver. The CRC must review each proposed suspension or waiver, and forward its recommendation to the CAO, prior to the CAO suspending or waiving the regulations. The CAO must identify each suspension or waiver, in writing, and send it to the Director and the County Council within 7 days after the suspension or waiver; the Director must maintain a record of the suspension or waiver notification from the CAO. 1.1.6 These regulations are issued pursuant to the requirements of law under Chapter 11B of the County Code. 1.2 Applicability 1.2.1 These regulations are applicable to all County departments and agencies and other public entities subject to the purchasing laws of the County, including the County Council, the County Board of Supervisors of Elections, the State Attorney's Office, the Sheriff's Office, the County Board of License Commissioners, and the Circuit Court (not including the Office of the Clerk of the Court). 1.2.2 Where Montgomery County engages in a cooperative purchasing venture with or on behalf of another entity, these regulations may be applicable by agreement. 1.3 Administration - Legal Review of Contracts The Office of the County Attorney is responsible for the review of contracts to the extent that such review is deemed appropriate by the County Attorney. 1.4 Procurement Authority; Delegation of Authority 1.4.1 Authority to procure electricity is vested in the Chief Administrative Officer, and, by these regulations, is delegated, subject to revision by the Chief Administrative Officer, to the Director, Department of Public Works and Transportation. 1.4.2 The Director, Department of Public Works and Transportation, may delegate, or redelegate, in writing, this authority, subject to limits stated in the delegation. 1.4.3 These contracting officers, and only these contracting officers, may delegate, or redelegate, in writing, this authority, subject to limits stated in the delegation. Contracts may be executed on behalf of the County by these contracting officers only, except as otherwise provided in these regulations. 1.4.4. No contract may be entered into unless the contracting officer ensures that all requirements of procurement laws, Executive Orders, regulations, and all other applicable procedures have been met. 1.4.5 The CAO delegates, subject to revision by the CAO, authority to the CRC to carry out all responsibilities assigned that committee pursuant to law or these regulations. 1.4.6 Unless expressly prohibited by law, any procurement authority may be delegated and subdelegated if the delegation is in writing. A delegation may be limited or made subject to conditions. Responsibility for a procurement action, however, may not be delegated. 1.5 Department Responsibilities 1.5.1 In general, the Department is responsible for compliance with applicable laws and regulations, including these regulations and obtaining any required approval. 1.5.2 The Department must provide information as requested by the County Attorney for appropriate investigation and remedial action. 1.6 Rules of Construction 1.6.1 Where there is a conflict between provisions of these regulations, the provisions of the more specific section control the provisions of the general section. 1.6.2 All contracts must be construed with the presumption that the contract complies fully with the provisions of these regulations and as if these regulations were incorporated into the contract. 1.6.3 Where these regulations conflict with provisions of a contract, County procurement procedures, directives, policies, or other matters pertaining to procurement, these regulations control. Otherwise, if a conflict can be resolved by interpretation, the provisions are to be interpreted in a way consistent with each other. 1.7 Appendices 1.7.1 These regulations may contain appendices which contain mandatory clauses. The appendices are not part of these regulations and may be updated from time to time by the Office of the County Attorney. 1.7.2 The Director must be notified by the Office of the County Attorney of any changes to the appendices. 1.8 Procurement Manual The CAO may issue a Procurement Manual to provide internal procedures to County employees and officials to follow in making a procurement. The manual is not part of these regulations. A violation of a procedure in the manual is not a basis for an applicant, offeror or contractor to challenge a procurement action by the County. 2.1 The words defined in this section have the meaning set forth below whenever they appear, unless: 2.1.1 The context in which they are used clearly requires a different meaning; or 2.1.2 A different definition is prescribed for a particular section of the regulations. 2.2 Any definition for words contained in this section is to be construed in a manner that is consistent with and supplementary to any definition contained in Chapter 11B, Montgomery County Code. 2.3 These definitions contain substantive material. These defined terms must be iinterpreted to include all the substantive provisions contained in the definition. 2.4 Definitions 2.4.1 Acceptance of Goods or Services: Acceptance constitutes a determination by an authorized government official that goods or services conforming to the requirements of a contract have been furnished by a contractor. With respect to goods, acceptance is deemed to occur once title to the goods has transferred to the participant. 2.4.2 Acceptance of Offer: The communication of acceptance of an offer must be made within the time specified for acceptance in the solicitation or authorized extension in order for the acceptance to be binding on the offeror; however, a communication of an acceptance of an offer made after the time specified in the solicitation may be accepted by an offeror. In order for acceptance to become binding on the County, a fully executed contract must be delivered. 2.4.3 Applicant: A person that submits a proposal, which does not include pricing, in response to a solicitation, when pricing is not requested. 2.4.4 Assignment: The transfer of a contract right or obligation by a contractor to another party. A payment assignment is the assignment of a right to payment under a contract to a party designated by the contractor who has a right to that payment. A performance assignment is the assignment by a prime contractor to a third party of the obligation to perform a prime contract in accordance with its terms and conditions. Assignments must be made through a contract modification and specifically accepted and approved by the contracting officer in order to be effective. An assignment, unless it specifically provides otherwise, does not relieve the prime contractor of its obligations to the County. 2.4.5 Authorized Government Official: A person granted specific authority to do a particular act by law, by delegation of authority, by official job description, by the law of agency or pursuant to contract provisions. 2.4.6 Award: The delivery of a fully executed contract to an offeror. This delivery may be accomplished by depositing the contract in the mail, with a common carrier, courier service, or delivering it by hand to the offeror, or notifying the offeror by phone, telegram or other means which communicates the award to the offeror and place for obtaining the contract. 2.4.7 CAO: The Chief Administrative Officer for Montgomery County. 2.4.8 Certification of Funds: A written or electronic certification by the Director of Finance that funds are available to pay the cost of a specific contract or the cost of the first period of a multi-term contract, as required by Chapter 11B, Montgomery County Code. 2.4.9 Change Order: A type of contract modification authorized by the contracting officer directing the contractor to make changes within the scope of the contract, pursuant to contract provisions for such changes, with or without the consent of the contractor. 2.4.10 Claim: A demand or request for payment for services or goods delivered, outside of an appropriately encumbered contract with the County, for which the contractor has a basis for payment, reimbursement, or compensation from the County under Chapter 11B, Montgomery County Code. 2.4.11 Competition: The process by which more than one valid source of supply for goods or services, is solicited. 2.4.12 Competitive Negotiation: A process by which the County and one or more prospective suppliers communicate successive respective positions with respect to price, specifications, and other relevant terms and conditions in order to arrive at a contract for procurement of goods or services. 2.4.13 Confidential Information: Any information that is not a matter of public knowledge or available to the public on request. 2.4.14 Contract: Any agreement to which the County is a party for the procurement of goods or services, including any contract modification. All contracts must be in writing unless otherwise authorized by these regulations. A contract must include mandatory clauses. 2.4.15 Contract Administrator: The person designated by the Director of the Department of Public Works and Transportation who is charged with responsibility for monitoring the contract and assuring contractor compliance with the scope and specifications of the contract. 2.4.16 Contract Amendment: A type of contract modification signed by the contractor and the contracting officer that provides for a change of contract provisions, including additional work outside the scope of the original contract. 2.4.17 Contract Modification: Any document alteration in the specifications, delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It also includes administrative changes, notices of termination, and notices of exercise of a contract option and contract extensions. Unless expressly authorized by contract and these regulations, a contract modification must be written if the contract to be modified is written. 2.4.18 Contract Review Committee (CRC): A standing committee established for purposes specified in law or these regulations. 2.4.19 Contracting Officer: The Director of the Department of Public Works and Transportation, and each designee of the Director authorized to enter into contracts, contract amendments or contract modifications on behalf of the County. 2.4.20 Contractor: Any person obligated by contract under the County procurement law, to provide goods or services to the County. 2.4.21 Cost Analysis: The review and evaluation of the separate cost elements and proposed profit of an offeror's or contractor's cost or pricing data and an offeror's or contractor's assumptions and judgments in estimating costs. 2.4.22 County: Montgomery County, Maryland, a body corporate and politic and a local subdivision of the State of Maryland. 2.4.23 County Department, Office, and/or Agency: An officially designated unit of the County (including the County Council) subject to the procurement law and regulations of Montgomery County, and certain entities required or allowed to follow County procurement law; including the County Board of Supervisors of Elections, the State Attorney's Office, the Sheriff's Office, the County Board of License Commissioners, and the Circuit Court (not including the Office of Clerk of the Court). 2.4.24 Debarment: A disqualification of a potential applicant or offeror from participating in the procurement process, including being awarded contracts, during a pre-determined period of time. 2.4.25 Department: The Department of Public Works and Transportation. 2.4.26 Determination and Finding: A document prepared by an authorized government official that states the facts and reasons for a particular decision. 2.4.27 Director: The Director of the Department of Public Works and Transportation, or his designee. 2.4.28 Dispute: A timely complaint filed by a contractor disageeing with a decision made by an authorized government official regarding a contract. 2.4.29 Electricity Purchase Terms and Conditions of Contract Between the Participant and Contractor: A document containing a set of terms and conditions that are unique to the acquisition of electricity by the Department. This document will be incorporated in all contracts. All wording contained in the Electricity Purchase Terms and Conditions of Contract has been pre-approved and may not be altered without prior County Attorney approval. 2.4.30 Emergency: Any dangerous condition or unforeseen curtailment, diminution or termination of an essential service which poses an immediate danger to health, life or property. 2.4.31 Emergency Procurement: An emergency procurement is an informal procurement of goods or services required as a result of an emergency. 2.4.32 Encumbrance: The recorded reservation of appropriated funds to provide for payment of County contract obligations, which reduces remaining spending authority under an appropriation by that amount. A certification of funds from the Department of Finance constitutes sufficient evidence that there is a sufficient unencumbered balance in an appropriation to cover the County's contract obligations, or the County's obligations under the first period of a multi-term contract, as required by Chapter 11B, Montgomery County Code. 2.4.33 Evaluation Criteria: Standards, factors, or elements set forth in a Solicitation that specifies the basis for evaluation of the solicitation. 2.4.34 Fixed Price Contract: A contract that provides for a firm price under which a contractor bears the full responsibility for profit or loss. This does not include a cost reimbursement contract. 2.4.35 Goods: Supplies, equipment, materials, and property, except real property. 2.4.36 Government: Government of Montgomery County, Maryland, unless the context indicates otherwise. 2.4.37 Late Proposal: A response to a solicitation received at the place designated in the solicitation after the deadline established by the solicitation. 2.4.38 Mandatory Clauses: Clauses prepared by the Office of the County Attorney that must be used in solicitations and contracts unless explicitly waived by the Office of the County Attorney. 2.4.39 Minority Owned Business (MFD): Minority owned business as defined in Chapter 11B of the County Code. 2.4.40 Minority Person: A member of a socially or economically disadvantaged group which includes African Americans, Hispanic Americans, Native Americans, Asian Americans, women, and persons with a disability as defined in Chapter 11B of the County Code. 2.4.41 Multiple Award: The award of separate contracts to two or more offerors for the same or related goods or services in situations where the award of a single contract would be impractical or would not meet the total County requirements. 2.4.42 Notice to Proceed: A written notice to the contractor issued by an authorized government official directing commencement of contract performance. 2.4.43 Offer: A response, which includes a price proposal, to a solicitation that is binding upon the offeror during the period of time in which the offer is to remain open under the solicitation. An offer is not binding on the County until the award of a contract. 2.4.44 Offeror: A person that makes an offer in response to a solicitation. 2.4.45 Participant: The County, a County agency, a governmental entity, or other entity that has joined with the County to cooperatively procure electricity or related services. 2.4.46 Performance Bond: A bond issued by a surety that guarantees full performance of a contract by a contractor. 2.4.47 Person: Means any individual, group of individuals, union, committee, club, organization, firm, association, business, corporation, limited liability company, partnership (of any kind), sole proprietorship, or other entity. 2.4.48 Pre-Proposal Conference: An optional meeting open to all prospective applicants or offerors prior to submittal of proposals to discuss matters germane to the Solicitation. 2.4.49 Price Analysis: An analysis used to determine that a price submitted by an offeror is fair and reasonable. 2.4.50 Procurement: Buying, purchasing, or otherwise acquiring any goods or services. It also includes all functions that pertain to the obtaining of any goods or services, including description of requirements, selection and solicitation of sources, evaluation of offers, preparation and award of contract, dispute and claim resolution and all phases of contract administration. 2.4.51 Proposal: A response to a solicitation by an applicant or offeror, which is binding on an offeror if it contains a price proposal. 2.4.52 Protest: A challenge by an aggrieved applicant or offeror in connection with a decision regarding a solicitation as provided for in these regulations. 2.4.53 Public Entity: (1) the federal government; (2) a state government and any of its agencies; (3) any political subdivision of a state government and any of its agencies; (4) any board, commission, or committee established by federal, state, or local law; (5) any organization or association of the federal government, state governments, or political subdivisions of state governments; and (6) any other entity that is: (A) qualified as a non-taxable corporation under the United States Internal Revenue Code, as amended; and (B) incorporated by an entity under paragraphs (1) through (5) for the exclusive purpose of supporting or benefitting an entity under paragraphs (1) through (5). 2.4.54 Public Notice: Posting information for public inspection during regular business hours. In addition, public notice may, as determined by the Director, also include other means reasonably calculated to notify the public and promote adequate competition, such as advertisement, mailings, placing notices in newsletters, other electronic media determined by the Director. 2.4.55 Solicitation: A Request for Energy Proposals, consisting of a document describing the electricity to be purchased, the necessary qualifications of proposed vendors and/or suppliers, the evaluation and pricing criteria to be utilized in the selection process, and a description of the procurement process, which may be a two-stage process. 2.4.56 Requirements Contract: A contract for goods or services covering long-term requirements (usually twelve months or more), used when the total quantity required cannot be definitely fixed, but may be stated as an estimate or within maximum and minimum limits. A requirements contract will be non-exclusive, such that the contract is not the only source of goods or services covered by it. A requirements contract may be not used to unduly restrict competition and may not normally be used for large construction contracts. 2.4.57 Responsibility: A determination, based on characteristics of an applicant or offeror, that the applicant or offeror is capable of satisfying the County's needs and requirements for a specific contract. 2.4.58 Responsible Applicant or Offeror: A person the Director has determined to be capable of satisfying the County's needs and requirements for a specific contract. 2.4.59 Selection Committee (SC): A committee established by the Department for the purpose of evaluating responses submitted by applicants and offerors in connection with a Solicitation. Each member of the SC must be an employee or representative of a public entity, unless specific authorization is obtained from the Department for another person to serve on the committee. 2.4.60 Services: The performance of an identifiable task by furnishing labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. 2.4.61 Shortlist: A list of applicants who, through a pre-qualification process, are eligible to participate in a further process for award of one or more contracts. 2.4.62 Sole Source: A noncompetitive procurement in which goods or services necessary to meet minimum valid needs of the County are available from only one person. 2.4.63 Solicitation: A request for electricity proposals (RFEP). 2.4.64 Specifications: A set of requirements for goods or services that the County wishes to acquire. A specification must indicate, whenever appropriate, the procedure by which the County will determine the requirements satisfied. As far as practicable, it is desirable that the requirements be expressed in numerical or other objective terms, together with their ranges or limits. A specification may be a standard, a part of a standard, or independent of a standard. It may also be expressed as an end result. Specifications should be contained in solicitations as well as contracts. Specifications should not be overly restrictive or prejudicial to competition beyond that justified by minimum valid needs of the County. 2.4.65 Subcontract: An agreement entered into between a third party (known as a subcontractor) and a contractor who has a contract with the County (known as a prime contractor). Although the County is not a party to the subcontract, and the prime contractor is fully responsible for the subcontractor, the County may have certain control over the subcontract and subcontractor through the provisions of the prime contract. 2.4.66 Supplier: A potential contractor that is an entity providing electricity or ancillary services in connection with the sale or delivery of electricity to the County. 2.4.67 Termination for Default: A termination in whole or in part of a contract, at the option of the County, because of the contractor's failure to perform. 3.1 Contract Solicitations 3.1.1 A person working on a solicitation for the County must not release information concerning the solicitation to any unauthorized person until the solicitation is publicly issued. 3.1.2 Formal Solicitation of Proposals Whenever the County issues a solicitation, there must be public notice. The public notice should ordinarily include the solicitation document number, a description of the goods or services required, the name and telephone number of the person an applicant or offeror can contact for copies or information, and the due date and time for submission of offers. The Director determines how public notice is accomplished, which may involve mailing to potential applicants and offerors. 3.1.3 Receipt, Custody, and Opening of Proposals 3.1.3.1 Receipt (A) All applicants and offerors must submit their proposals by the time, in the manner, and at the place designated in the solicitation. A proposal is not submitted until and unless the Director receives it. (B) After receipt and identification of a timely proposal, the Director should immediately time-stamp and deliver it, as soon as practicable, to a custodian designated by the Director. (C) The Director must reject any late proposal and immediately return it to the person. 3.1.3.2 Custody of Proposals (A) The custodian must keep proposals in a safe and secure place, and must deliver them at the time and to the place of opening specified in the solicitation. During the custodianship of the proposals, the custodian must maintain exclusive control and custody, and must not permit any person access to, or release and information concerning, the proposals unless specifically authorized by the Director. (B) An applicant or offeror may request to withdraw a proposal at any time prior to the time set for the receipt of the proposal for purposes of either resubmittal or complete withdrawal. The applicant or offeror must put the request in writing and submit it to the custodian before the deadline for receipt of proposals. Requests are not submitted until and unless received by the custodian. The custodian has discretionary authority to approve the request and release the appropriate proposal to the applicant or offeror. 3.1.3.3 Opening of Solicitations; Release of Information (A) Proposals are not publicly opened. After the date and time proposals are due, the Director may open the proposals for evaluation and ranking. The Director should keep the envelope in which he receives the proposal (if delivered in that manner) with each proposal until he makes a final award, and all appeals, if any, are resolved. (B) Until the Director posts a shortlist or list of award(s), all proposals are confidential information and the Director must not release them to the public. (C) A request to inspect proposals and evaluations is subject to the Maryland Public Information Act. Proposals and evaluations of proposals are available for public inspection after the Director posts a shortlist or list of award(s). The County must not publicly disclose confidential commercial or financial information and other information not subject to disclosure. The County may require an applicant or offeror to designate which information is not subject to disclosure. As a condition of keeping the information confidential, the County may require an applicant or offeror to agree to defend and hold the County harmless if the County does not release the information at the request of the applicant or offeror. Information not expressly identified as confidential by the applicant or offeror may be released by the County. 3.1.4 Solicitation Cancellation 3.1.4.1 Before Time for Opening The Director may cancel a solicitation in whole or in part before the opening or due date when it is determined that this action is in the best interest of the County. 3.1.4.2 After Time for Opening The Director may cancel a solicitation in whole or in part after the opening or due date specified for opening when the Director determines that this action is in the best interest of the County. The Director may base his decision to cancel the solicitation upon the following list of factors, among others: (A) All proposals are unacceptable; (B) All proposals are so excessively low or high as to indicate a defective statement of specifications that requires correction and re-issuance of the solicitation; (C) Specification deficiencies are discovered; (D) None of the proposals meet the County's requirements in terms of price or funds available; (E) Responses received indicate a problem in dissemination or communication of the solicitation (e.g., insufficient number received under the circumstances or inappropriate responses indicating misunderstanding of solicitation language); (F) Procurement requirements have changed; or (G) Other circumstances which indicate a failure of the solicitation process to promote full and fair competition. 3.1.4.3 Notice to Applicants and Offerors The Director should communicate cancellation of a solicitation by a method determined in the Director's sole discretion to give appropriate notice to applicants and offers of the cancellation in the earliest possible manner. The Director should usually post notice of cancellation in the same manner as posting a shortlist or list of award(s). Applicants and offerors are not entitled to any compensation in connection with cancellation of a solicitation. 3.1.4.4 Cancellation Final The decision to cancel a solicitation is final and is not subject to review. 3.2 Contract Awards 3.2.1 After consideration of the evaluations and recommendations of the selection committee, the Director may cancel the solicitation, in whole or in part, issue a shortlist, and/or make an award to one or more offeror(s). Until the Director issues a shortlist or makes an award(s), all information concerning evaluations and recommendations is confidential. 3.2.2 Upon issuance of a shortlist or a determination of an award(s) for a solicitation, the Director must place the number of the solicitation and the shortlist or the name of the contract awardee(s) on a public list. The Director must make the list available for inspection. The Director must also indicate on the list the date of each decision to issue a shortlist or make an award. It is the responsibility of applicants and offerors of the solicitation to keep informed of the current status of any solicitation. Placement of an entity on a shortlist or a list of awardee(s) constitutes notice to all applicants and offerors of the posted information. The Director may make such other communications with respect to a shortlist or list of award(s) given the particular circumstances of the solicitation. 3.3 Contract Documents A written contract document is required to procure goods or services in Montgomery County. 3.3.1 County Attorney Approval 3.3.1.1 The Director must submit all contracts to the Office of the County Attorney for review and approval prior to signature by the contracting officer. 3.3.1.2 The Office of the County Attorney may approve, approve with conditions, or reject any contract submitted. If approved with conditions, all conditions must be satisfied prior to signature by the contracting officer. Any contract requiring County Attorney approval is voidable at the option of the County, at any time, if County Attorney approval has not been obtained. 3.3.2 Signatures 3.3.2.1 All contracts, unless otherwise determined by the Director, must contain the signature of the offeror and the signature of the contracting officer. 3.3.2.2 Signatures of applicants, offerors and contractors must be in their correct legal form and must not be abbreviated to common usage or trade name form. All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of a proposal or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the applicant, offeror, or contractor. Contracts that are not signed in compliance with these requirements are voidable at the option of the County. 3.3.2.3 Prior to the execution of the contract by the contracting officer, sufficient documentation of an encumbrance to cover the appropriate contract amount must be submitted to the contracting officer. Contracts may contain "subject to appropriation" conditions which authorize the contracting officer to execute the contract without encumbrance documentation, if approved by the Office of the County Attorney. The contracting officer must approve any reduction in an encumbrance after a contract is executed. 3.3.2.4 A contracting officer must not issue a notice to proceed under a contract until the contract is awarded. 3.3.2.5 Original contract signatures must be in ink, unless otherwise authorized by the Office of the County Attorney. When volume of signatures or time is a consideration, a facsimile signature may be authorized by the person whose signature is represented by the facsimile. Facsimile signatures may be used only under conditions authorized by the Director. 3.4 Records Retention 3.4.1 The Director must maintain all contract records created pursuant to these regulations. 3.4.2 The Director must maintain all contract records for a minimum of 5 years after the latest date of completion of a contract or date of final payment whichever is later. 3.4.3 The Director may develop and issue minimum standard formats and procedures for procurement and contract administration records. 4.1 Description of a Request for Energy Proposals (RFEP) 4.1.1 General An RFEP is a solicitation for a proposal for the supply of electricity in which price, and quality, if deemed appropriate, is balanced to meet the electricity needs set forth in the solicitation. The Director may use functional and/or performance specifications. The Director may evaluate proposals based on total overall electricity costs or savings to the participants. Final costs and other supply issues are subject to negotiations at any time after the Director receives proposals and before the Director makes any award(s). The Director does not publicly open proposals. The Director makes an award(s), if any, under a RFEP to the responsible vendor(s) whose proposal(s) are most advantageous to the participants. 4.1.2 Use RFEPs are used for the purchase of electricity where cost and, if appropriate, technical and administrative considerations are valid criteria in the evaluation. 4.1.3 Contents 4.1.3.1 The Director should include in a solicitation the following information: (A) A dated solicitation transmittal that summarizes the central solicitation's requirements. (B) The date, time, and place where a pre-proposal conference, if any, will be held. (C) A notice of the date, time and place for submission of proposals and, if applicable and available, information regarding receipt of price proposals at a later date. (D) The identity, address, and telephone number of the County contact persons. (E) A description of the goods and services the County is purchasing, with sufficient specificity and detail to permit full and free competition. (F) An explanation of the method of award, which may be based on any or all of the following: (1) Price alone, in the aggregate, by group, or by unit price; (2) Price and quality of service factors as deemed appropriate; or (3) Price including, if appropriate, total overall cost or savings to the agencies (i.e., actual electricity cost, administrative cost, additional equipment cost, etc.) (G) If the Director contemplates oral interviews then: (1) The objective criteria for determining when, how many, and which applicants or offerors are eligible for the interview state; and (2) An explanation of point scoring for screening and interview steps (e.g., an explanation of the relationship between written submissions and oral interview evaluations). (H) All mandatory contract clauses as approved by the Office of the County Attorney. (I) A listing of all required due dates, if available. (J) Optional provisions applicable to the particular procurement involved, as appropriate. (K) A statement of insurance and bond requirements, if applicable. (L) A provision that requires an acknowledgment of all amendments or addenda by applicants or offerors. (M) A statement regarding MFD practice. (N) A statement regarding acceptance time. (O) An appropriate space for signatures by a person authorized to bind the offeror to the offer, indicating agreement with all required terms and conditions. 4.1.3.2 If the Director determines that guidelines would assist the SC in evaluating an award criterion, the Director must develop, for use by the SC, scoring guidelines for that criterion. Normally the Director should develop guidelines for cost criteria. These guidelines are confidential until the posting of a shortlist or list of award(s). 4.1.3.3 The solicitation may contain a minimum score which establishes a threshold that an applicant or offeror must achieve in order to be considered for a shortlist or an award under the procurement. In the alternative, the procurement may provide for a multi-stop process, each step constituting a pre-qualification process (e.g., top five rated offerors based on scoring of written evaluations proceed to a final evaluation state which may include cost competition or oral interviews). 4.1.3.4 Evaluation criteria may include: (A) General experience and technical competence. (B) Past performance record on other County contracts. (C) Related experience on similar contracts. (D) Compatibility of size of firm with size of proposed contract. (E) Knowledge of local conditions, codes and ordinances where such knowledge is essential to the proper performance of the contract. (F) Current total commitment of the applicant or offeror and the capacity to provide or supply the proposed goods and services in the required time. (G) Sepcial familiarity with project or project site. (H) Special qualifications, experience, design approach, etc. (I) Adequacy of office facilities where services will be rendered. (J) Involvement of consultant's management and participation of key officials in the project. 4.1.3.5 Evaluation criteria must include appropriate cost factors. Points assigned to the cost criterion must be contained in the decisive selection step. 4.1.3.6 A solicitation may provide for a selection process that requires each offeror who meets a pre-established score or ranking to compete for designation as the top-ranked offeror on the basis of price alone. If required in the solicitation, the price offer must be binding on the offeror. The solicitation may require that an offeror submit the price proposal at any point during the evaluation process. 4.1.3.7 If appropriate, applicants and offerors must include in hourly rates all multipliers and overhead charges (e.g., General and Administrative overhead, profit, etc.) for personnel, cost data, and proposed costs. 4.1.3.8 As an alternative to including a cost criterion, the Director may utilize a pre-planned cost negotiation process. The pre-planned cost negotiation process allows the Director to negotiate with the top ranked offeror under a process which ensures a fair and reasonable cost for the contract. This process includes a written analysis, supported by appropriate documentation, of reasonable cost or ranges of cost for each category of goods or services and an estimated value of the entire contract work. The Director must perform this analysis prior to the opening of offers. When the Director negotiates the price of the contract with the top-ranked offeror, the agreed upon price should be within the amount estimated in the Director's analysis. 4.1.3.9 References may be used as an evaluation criterion. 4.1.4 Procedure (a) The Director issues solicitations so as to promote free and open competition. The Director must issue solicitations with public notice. (b) It is the policy of the County to be especially sensitive to the solicitation of MFD firms. Every effort should be exerted to identify and inform MFD firms of the solicitation. Each applicant's proposal should include a MFD plan or statement of MFD practices, which the County will review during the proposal evaluation. (c) A solicitation may provide for a two-step selection process, whereby the County may use initial proposals to pre-qualify applicants and then use subsequent proposals (offers) from pre-qualified applicants to consider pricing information. If the County does not deem the prices submitted to be in its best interests, the County may request additional price proposals until it receives one that it deems to be in its best interest to accept, or until cancellation of the solicitation. (d) The Director will receive timely proposals, without public opening. (e) The SC will evaluate all proposals in accordance with the evaluation criteria set forth in the solicitation and reviews applicants and offerors for responsibility. (1) The chair of the SC is responsible for assuring that the SC follows the proper evaluation procedures. The chair should refer questions regarding specific procedural issues to the Director. The SC must make its decisions by majority vote. (2) Although each member of the SC must exercise independent and impartial judgment in evaluating a proposal, the SC must award to each applicant or offeror a single score for each criterion. The score should be issued on such information as a reasoning mind might accept as adequate to support the score. It is within the SC's province to resolve conflicting information regarding an applicant or offeror and, where inconsistent inferences can be drawn, it is for the SC to draw those inferences. (3) The SC must base its evaluation solely on the material presented to the entire SC pursuant to the submission requirements fo the solicitation. Accordingly, each member of the SC must be present during such evaluation procedures as site visits, demonstrations, and interviews. (4) Each member of the SC must participate and vote in the scoring of each proposal. If a member of the SC does not complete the evaluation process, the Director must determine how the SC evaluation process must proceed. The Director may establish a process that will maintain a fair and competitive evaluation process including: (A) Requiring the remaining members to proceed with the evaluation; (B) Requiring the SC to adopt those scores already awarded; (C) Appointing a new member to the SC; (D) Requiring the SC to evaluate proposals anew; and (E) Convening a new SC. (5) An individual may not be a part of the SC if that individual cannot render an independent and impartial judgment. Each member of the SC must certify in writing that: (A) the member has used independent and impartial judgment as a member of the SC; (B) that the member has complied with the requirements of: (i) Section 19A-11, Montgomery County Code, which prohibits participation in matters where there is a conflict of interest; (ii) Sections 19A-12 and 11B-52, Montgomery County Code, which prohibit employment relationships between a County employee and an applicant or offeror; (iii) Section 19A-15, Montgomery County Code, which prohibits the disclosure of confidential information; (iv) Sections 19A-16 and 11B-51, Montgomery County Code, which prohibit the solicitation or acceptance of gifts from applicants or offerors; and, (C) no relative or member of the SC's household (as defined in the Montgomery County Public Ethics Law) will be affected by any contract awarded under the solicitation. (6) Unless the Director provides otherwise in writing, the formal meetings of a SC during which proposals are evaluated are closed to non-SC members. (7) The SC may at any time meet with or obtain from County staff and consultants any necessary advice, analyses or information. (f) During any portion of the evaluation process, the SC, or County staff and consultants assisting the SC, may (i) conduct discussions with applicants or offerors to clarify information, to modify a proposal to meet minimum requirements, or to assure full understanding of the solicitation requirements, or (ii) negotiate with applicants or offerors if and as specified in the solicitation. (g) After the SC ranks the applicants and offerors, the SC must forward to the Director the recommended ranking, including a recommendation of the responsibility of the proposed shortlist or awardee(s). These recommendations must be accompanied by SC conflict of interest certifications and a score sheet summarizing the scores awarded by the SC to each applicant or offeror. (h) In the case of a numerical tie score, unless the solicitation provides otherwise, the Director resolves the tie by application of the following, in the order stated: (1) First preference to an applicant or offeror that has its principal place of business in Montgomery County; (2) First preference to an applicant or offeror who is a certified MFD business prior to submitting a proposal; (3) Drawing of lots with representatives of the firms involved invited to be present. (i) The Director must approve, approve with conditions, or reject the recommendations and supporting documentation. If the Director agrees with the SC recommendation, then the Director may proceed to the next step. If the Director approves with conditions, the SC must satisfy the conditions and provide appropriate documentation of compliance to the Director. If the Director rejects a recommendation for a shortlist or award, then the Director must return the solicitation package to the SC for further action as indicated by the Director. (j) After completion of the evaluation process, the Director may make a shortlist or written award determination of the proposals that are most advantageous to the County. The Director must give public notice to any and all applicants on a shortlist or offerors awarded a contract(s). (k) Then the Director may either proceed with the next stage of the solicitation, if any, or negotiate a contract(s) with the awarded offeror(s) in accordance with the solicitation. (l) Once a contract has been negotiated to the Director's satisfaction, and the Director has ensured the encumbrance of required funds, the Director may execute the contract on behalf of the County and provide for distribution of copies of the contract to the contractor. (m) If necessary pursuant to a contract, an authorized government official will issue a Notice to Proceed. (n) If an awardee fails to comply with any requirements conditioned on an award (e.g., proof of insurance) in the time and manner specified in the solicitation, then the Director may immediately terminate the contract for default and proceed to an award with the next highest ranked offeror. In this event, the Director must designate the next highest ranked offer as an awardee and place the name of the awardee on a public list. 4.2 Contract Types 4.2.1 Fixed Price A fixed price contract is a contract that provides for a firm price under which a contractor bears the full responsibility for profit or loss. This does not include a cost reimbursement contract. All costs involved have been firmly established, in writing, but may be subject to certain adjustments, objectively defined. Such adjustments may include escalator clauses, incentive clauses, and other adjustment mechanisms. 4.2.2 Cost Reimbursement Contracts 4.2.2.1 Cost reimbursement contracts are contracts that provide for reimbursement of a contractor's costs associated with performance of specified contract requirements and a fee, if any. These costs may include hourly rates associated with personnel, overhead, out-of-pocket costs, and other costs specified in the contract. For purposes of these regulations, a time and material contract is considered a cost reimbursement contract. The contract must provide a means for ensuring that the costs are fair and reasonable. These means may include a requirement that the contractor document competition. The County has the right to review and approve costs before authorizing reimbursement. 4.2.2.2 A contract must not provide for compensation to be based on cost plus a percentage of cost of the work performed. A contractor must not be financially rewarded for increased costs that are passed on to the County. A contract, however, may provide for reimbursement based upon a cost plus a fixed fee provision or on a compensation provision that rewards the contractor for efficiency by providing for incentive payments. 4.2.3 Requirements Contracts 4.2.3.1 A requirements contract is a contract for an indefinite quantity of goods or services to be furnished at specific times, or as ordered, at fixed unit prices. During the term of a requirements contract, the County should use reasonable efforts to order all actual requirements of the Department (or of the entire County) during a specified period of time. Failure to utilize a specific requirements contract for a particular procurement must not be considered a breach of the contractual obligation unless the contract specifically provides that the contractor is the exclusive source for the requirements. 4.2.3.2 Requirements contracts are administered by the Director as a fixed price source of supply that may be utilized by the Department through a delivery order issued by the Director. The Director must ensure that the necessary funds are encumbered before issuing a delivery order. 4.2.3.1 Where practical, a requirements contract should include a maximum contract amount. 4.2.4 Definite Quantity Contract A definite quantity contract is a contract that provides delivery of a specified quantity of goods or services either at specified times or when ordered. Quantities ordered under a definite quantity contract are limited to the quantity stated in the contract, unless the contract contains an increased quantity option. 4.2.5 Multiple Award Contracts A multiple award contract is one in which more than one contractor is awarded a contract for specified goods or services. It may take one of the following forms: 4.2.5.1 Multiple Source Contracting (A) This is contracting where the primary source is one specified contractor and secondary, tertiary, etc., sources perform as backup contractors. In this type of contract, the primary contractor receives all orders for goods or services. The backup contractor (secondary, tertiary, etc.) receives orders only after the primary contractor either fails to deliver under specified conditions in the contract or the Director has ordered a specified quantity limit from the primary contractor, as specified in the contracts. (B) Product Need/Compatibility Multiple Awards These awards are made to several vendors to ensure availability of specific goods or services to meet the needs of the County. 4.2.6 Multi-Year or Term Contracts The Director may use multi-year or term contracts when it is appropriate to obtain uninterrupted services extending over more than one year or contract term. These multi-year or term contracts take the following forms and the Director may use them under the following conditions: 4.2.6.1 Options to extend contracts Contracts entered into with an original term subject to extension options must be funded with authorized appropriations, as certified by the Director of Finance, for the original term before execution. Thereafter, each option term must be similarly funded before the option may be exercised. 4.2.6.2 Original long term contracts Original long term contracts are contracts involving a multi-year or term without need for renewal. A multi-year or term contract may be entered into only if sufficient funds are appropriated, and certified by the Director of Finance, sufficient to defray the amount of the first term of the contract. In addition, these contracts may be entered into only upon the following conditions: (A) The Director finds that the requirements contained in the multi-year or term contract are reasonably firm and are continuing over the term of the contract, and that the contract is in the best interest of the County because it encourages effective competition or promotes economies in performance and operation. (B) The contract includes a termination provision that provides that in the event funds for terms subsequent to the first term are not appropriated and available for encumbrances for the subsequent years of the contract, the County may terminate the contract without further County liability to the contractor. 4.2.7 Incentive Contracts 4.2.7.1 General An incentive contract is appropriate when the required goods or services can be acquired at lower costs or with improved delivery or technical performance, by relating the amount payable under the contract to the contractor's performance. Incentive contracts are designed to obtain specific acquisition objectives by: (A) establishing reasonable and attainable targets that are clearly communicated to the contractor; and (B) including appropriate incentive arrangements designed to motivate contractor efforts that might not otherwise be emphasized and discourage contractor inefficiency and waste. An incentive contract, however, should not operate to reward a contractor for performance results when the cost of those results outweighs their value to the County. Any amount paid as an incentive must be reasonably related to the additional costs of enhanced performance by the contractor or to the value of the enhanced performance received by the County. 4.2.7.2 Types of incentive contracts (A) A cost reimbursement incentive contract is a contract that provides for reimbursement to the contractor for allowable costs incurred up to a ceiling amount and establishes a formula by which the contractor is rewarded for performing at less than an estimated target cost or exceeds specified performance standards such as time of delivery of contract performance; the contract may provide that the contractor is subject to reduced compensation or specified damages if it exceeds a target cost or fails to meet specified performance standards such as time of delivery of contract performance. (B) A fixed-price incentive contract is a fixed-price contract in which the parties establish at the outset a target for performance and a formula by which the contractor is rewarded for exceeding performance and may be subject to reduced compensation or specified damages if the performance is not met. 4.3 Contract Formation and Requirements All contracts must be in writing and include the following: (a) a detailed description of the goods or services that the contractor must provide: (b) a statement of the contractor's price or fee for providing the goods or performing the services described in the contract and of the payment schedule; (c) a statement of the terms under which the contractor will provide the goods or perform the services; (d) the effective date of the contract; (e) a statement of the provisions, if any, under which the contract may be renewed or otherwise modified; (f) a statement that the Electricity Procurement Terms and Conditions of Contract, as approved by the County Attorney, and any other mandatory contract clauses are part of the contract; (g) a statement of any other requirements and conditions that must be fulfilled by the contractor and/or the County. 5.1 General The Department is responsible for assuring that procurement actions are consistent with the policies of the County. These policies include Public Ethics (see Chapter 19A, Montgomery County Code and Ethics, 11B.04.01.17, in these regulations) and MFD Contracting (see 11B.04.01.07 of these regulations) 5.2 Specifications The Department must write specifications in such a manner as to encourage competition and to avoid limitation of competition, balanced with the need to serve the public interest. Particular attention should be given by the Department to avoid the creation of artificial barriers to participation of MFD firms in the procurement process. 5.3 Payment Provisions Payment provisions should provide for objective criteria or "benchmarks" for payment against certain performance events (e.g., payment after delivery and submittal of invoice). Partial payments may not exceed the reasonable value of the performance which entitles the contractor to that partial payment, unless an advance payment is approved. 5.4 Fiscal Responsibilities 5.4.1 The Department is responsible for ensuring that there is sufficient expenditure authority to cover the entire contract amount, or in the case of a multi-year or term contract, the amount of the first period of a multi-term contract, and each subsequent period of the contract as it occurs. 5.4.2 The Department is responsible for providing documents sufficient to enable the Director of Finance to certify to the Director that there is an unencumbered balance in the appropriation sufficient to defray the amount of the contract at the time of execution, and in the case of a multi-year or term contract, the amount of the first period and each subsequent period of the contract as it occurs. 5.4.3 The Department is responsible for all payment authorizations and any coordination required to obtain prompt payment for the contractor as required by the contract. In connection with these payment certifications, the Department is responsible for ascertaining and certifying that the contractor has performed in accordance with the contract requirements and has earned all contract payments certified to the Department of Finance. The Department may not certify for payment invoices containing more hours than actually worked, payment provisions different than that contained in the contract, or charges against a contract different from that under which performance was rendered. 6.1 Pre-qualifications A solicitation may provide for a multi-step process, with one or more steps constituting a pre-qualification process (e.g., top five rated offerors based on scoring of written evaluations proceed to a final evaluation stage which may include cost competition or oral interviews). 6.2 Responsibility 6.2.1 The reputation, past performance, business and financial capability and other factors determine the responsibility of an applicant or offeror and the capability of the applicant or offeror to satisfy the County's needs and requirements for a specific contract. The applicant or offeror has the burden of demonstrating affirmatively its responsibility in connection with a particular solicitation. The Director must determine where an applicant or offeror is responsible for a particular prospective contract. The Director must automatically consider a debarred applicant or offeror as non-responsible in connection with any particular solicitation. 6.2.2 The factors that the Director may consider in connection with a determination of responsibility include: 6.2.2.1 The ability, capacity, organization, facilities, and skill of the applicant or offeror to perform the contract; 6.2.2.2 The ability of the applicant or offeror to perform the contract or provide the services within the time specified without delay, interruption or interference; 6.2.2.3 The integrity, reputation and experience of the applicant or offeror, and its key personnel; 6.2.2.4 The quality of performance of previous contracts or services for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility; 6.2.2.5 The previous and existing compliance by the applicant or offeror with laws and ordinances relating to the contract or services; 6.2.2.6 The sufficiency of financial resources of the applicant or offeror to perform the contract or provide the services; 6.2.2.7 The certification of an appropriate accounting system, if required by the contract type. Advice should be obtained from the Department of Finance as to the accounting system required for the particular solicitation; and, 6.2.2.8 The applicant's or offeror's evidence of ability to furnish a performance bond may be considered in an overall determination of responsibility. 6.2.3 The Director may eliminate an applicant from a shortlist or deny an award or modification of a contract to any offeror who is in default of payment of any money due the County. 6.2.4 Before awarding a contract, the Director must make a written finding with respect to the responsibility of the awardee, if not already included in previous stages of the procurement. The Director should specify in detail the factual basis for its finding of responsibility. In connection with this finding, the Director should ask the Office of Procurement to review its central performance file with respect to the performance of the prospective awardee in previous contracts with the County, investigate performance of the prospective awardee in other contracts with the County and other entities to the extent practical, and ensure that the recommended awardee is not on a current Montgomery County suspension or debarment list. 6.2.5 Prospective applicants and offerors have the burden to demonstrate affirmatively their responsibility. The Director may request, at any time, an applicant or offeror to provide additional information, references and other documentation and information that relate to the determination of responsibility. Failure to furnish requested information may constitute grounds for a finding of non-responsibility of the applicant or offeror. 7.1 Purpose The purpose of 11B.04.01.07 is to establish procedures to facilitate the goal of the County to remedy the effects of discrimination by making efforts to contract with minority owned businesses (MFD owned business or MFD, as defined in Chapter 11B of the County Code) and encouraging contractors to subcontract with MFD businesses. 7.2 Policy 7.2.1 The Director, with the assistance of the Director, Office of Procurement, must actively and aggressively recruit certified MFD owned businesses to provide goods and services for the performance of governmental functions to facilitate the MFD goal of the County. 7.2.2 County Code Section 11B-60 and the implementing County Procurement Regulations apply to County certification, re-certification, and decertification of businesses. 7.3 Responsibilities 7.3.1 Director, Office of Procurement 7.3.1.1 The Director, Office of Procurement, is responsible for contacts with businesses to identify, encourage and coordinate participation of MFD owned businesses in the procurement process, including certification. This includes notification to MFD owned businesses of prospective procurement opportunities by telephone or mailings based on the most recent MFD owned business directory, encouragement of MFD owned business participation in procurement, as prime contractors or subcontractors, procurement system education and information for MFD owned businesses, and referrals to resources such as technical consultants, sureties and financing. 7.3.1.2 The Director, Office of Procurement, maintains up-to-date mailing lists, and other references of County certified MFD owned businesses for use by the Department, contractors, and for public information. 7.3.1.3 The Director, Office of Procurement, provides the Department with a list of certified MFD owned businesses who have stated an interest in providing electricity goods and services as required by the Department. 7.3.1.4 The Director, Office of Procurement, cooperates with other governments and governmental agencies in exchanging information regarding certified MFD owned businesses. 7.3.1.5 The Director, Office of Procurement, distributes to non-minority prime contractors a current list of certified MFD owned businesses for use if the work is being subcontracted. 7.3.1.6 The Director, Office of Procurement, should ensure that the contract administrator receives appropriate guidance in implementing the provisions of these regulations. 7.3.2 Director, Department 7.3.2.1 The Director should cooperate with the Director, Office of Procurement, in efforts to encourage MFD contractor participation by developing and implementing techniques to encourage greater MFD owned business participation. 7.3.2.2 When the Director issues a solicitation, the Director must notify those vendors on the list of vendors maintained by the Office of Procurement, that are capable of providing the solicited goods or services, of the solicitation. 7.4 Reporting Requirements The Director may require each contractor to provide the County with information concerning utilization by the contractor of MFD owned businesses in private and government contracts. The Director may also require each certified MFD owned business to provide the County with information concerning its utilization by non-MFD owned businesses in private and government contracts. 7.5 Monitoring Procedures 7.5.1 The contract administrator must monitor all contracts with an MFD plan to ensure compliance by contractors with the requirements of the contract. Monitoring may include site visits, audits of contractors' books and records relative to County contracts, the submission of copies of invoices from minority subcontractors to the prime contractor, submission of Contract Monitoring Reports at scheduled intervals during the life of the contract, and other procedures that the Director may require. 7.5.2 The Director must notify certified MFD owned businesses of their responsibility to report to the contract administrator in a timely manner any changes in status that affects the entity's eligibility for certification as an MFD owned business. The failure of the MFD owned business to report any relevant change in a timely manner constitutes sufficient grounds for de-certification. 8.1 General Payment Principles 8.1.1 All contracts must specifically provide for methods and timing of payments the County must make to the contractor. The Director should provide in these provisions as much detail as possible, specifying all conditions which must be met by the contractor in order to submit a request for payment and to determine whether a payment is due. 8.1.2 Except as otherwise authorized by these regulations, the County may make payment only after contractor performance occurred to justify the payments under the contract (e.g., the contractor incurred a cost and submitted an invoice for an item for which the contractor appears entitled to cost reimbursement; the contractor appears to have performed services for which the parties specified a fair value as a part of the contract; the contractor appears entitled to a progress payment in accordance with the contract upon determination of that extent of performance; the contractor delivered goods that appear acceptable and submitted an invoice for payment in accordance with the contract). 8.1.3 Certifying whether payments are due to the contractor is the responsibility of the Department and must be done as expeditiously as possible. 8.2 Incentive Payments Contracts may provide for incentive payments in exchange for enhanced contractor performance beyond contract specifications, terms and conditions. 8.3 Progress or Partial Payments The approval and recommendation for payment by the Department of an invoice submitted by a contractor for progress payments or partial payments pursuant to the terms of a contract constitutes certification that a contractor performed in accordance with the contract and earned the payment approved, that the Department has performed all inspection necessary, to insure proper performance, and the Department accepts the contractor's performance as complying with the contract for purposes of earning the contract payment. Certification of approval for a progress or partial payment does not constitute waiver of any rights of the County against the contractor for failure to perform pursuant to any of the terms, conditions, or specifications of the contract. 8.4 Advance Payments A contract may provide for advance payment if the advance payment is part of a commercially acceptable practice. In other cases, the Director may approve an advance payment if they determine that circumstances exist which indicate that an advance payment is in the best interest of the County. 8.6 Payment of Interest If interest is payable by the County under Section 11B-34 of the Code, the amount of the interest is calculated by using the interest rate paid by 5 year U.S. Treasury Bills as of the date interest first begins to accrue under Section 11B-34. 9.1 Bonds 9.1.1 Director Review 9.1.1.1 The Director must review and approve the bond requirements required in a solicitation. 9.1.1.2 The Director, in reviewing bond requirements, should consider the impact on competition and costs, particularly impacts on MFD firms. The impacts must be balanced with the needs served by the bond requirements, which include appropriate security for performance and other assurances of responsibility. 9.1.2 Minimum Requirements All bonds must meet the following minimum requirements: (a) The surety company issuing the bond must be qualified to do business in the State of Maryland. (b) The attorney-in-fact on the bond document must be properly authorized to bind the surety, which authorization may be documented by a power of attorney submitted with the bond, or the attorney-in-fact must be registered with the Circuit Court for Montgomery County, Maryland. (c) The obligee of the bond must be "Montgomery County, Maryland." 9.1.3 Substitutions Substitutions for bonds are permitted and may include letters of credit, cash deposits and other forms of security. Personal sureties are generally not acceptable substitutes for bond requirements. 9.2 Insurance General insurance requirements for contracts are specified by the Office of the County Attorney in the mandatory clauses. The Director may approve a variance from those requirements. The Director must consult the Division of Risk Management, Department of Finance, on all matters pertaining to insurance, particularly insurance amounts. 10.1 Fair and Reasonable Price Determination Before executing a contract or contract modification, the Director must make a final determination that prices the County would pay are fair and reasonable. In making this determination, the Director should consider the Department's price analysis and, if obtained, cost or pricing data. The Director has authority to require that contract cost or pricing principles be followed by the Department. In addition, the Director may require a price analysis by the Department, particularly in the certification of fair and reasonable prices as required by these regulations. 10.1.1 Price Analysis Before making a recommendation for award, a SC must make a price analysis to determine that the prices are fair and reasonable. In making the price analysis, a SC should consider one or more of the following factors: 10.1.1.1 Prior award price for the goods or services being procured; 10.1.1.2 Prices contained in other offers responding to that solicitation; 10.1.1.3 Costs estimated for the procurement prior to the receipt of offers; 10.1.1.4 Commercial market prices and other commercial practices relating to costs; 10.1.1.5 Prices paid by other public entities for similar goods or services; or 10.1.1.6 Cost analysis which separates components of the offer and allocates costs among those components. 10.1.2 The Director may issue additional factors to the SC for use in making a price analysis. 10.2 Requirements for Certified Cost or Pricing Data 10.2.1 Upon request of the Director, an offeror or contractor must submit cost or pricing data, or both, in a form prescribed by the Director. 10.2.2 When cost or pricing data is required: 10.2.2.1 Each contractor or offeror must submit, in a form required by the Director, a certificate showing the data for the proposed goods or services the Contractor must provide, including those by a subcontractor. The offeror or contractor must submit a certification that the data submitted are accurate, complete and current. 10.2.2.2 The Director may adjust the price to the County, including profit or fee, to exclude from the price any sums determined by the Director to be allocatable to inaccurate, incomplete or outdated cost or pricing data. 10.2.3 When a contractor is authorized to expend appropriated funds through subcontractors in the performance of a County contract, Subsections 10.2.1 and 10.2.2 are also applicable to subcontracts and subcontract modifications. 10.2.4 When the Director requests cost or pricing date, he must make a determination as to the reasonableness of the cost or pricing data. The contract cost principles and procedures in the Federal Acquisition Regulations may be used as general guidelines when developing price determinations, if they are not at variance with County laws and regulations. 11.1 General 11.1.1 Authorization Contract modifications may be initiated by the contractor, contracting officer, or the contract administrator. A contract modification is not effective, and a contractor must not proceed with performance under the modification, until and unless the contract modification is executed by the contracting officer. 11.1.2 Use - Special Circumstances 11.1.2.1 Under extraordinary circumstances, the Director may approve a contract modification: (A) for goods or services that a contractor already provided; (B) to a contract that expired; or (C) to a contract that is fully completed. 11.1.2.2 The Director may use a contract modification, among other things, to approve an equitable adjustment in the case of a unilateral change order. Subject to Chapter 20 of the County Code, a contract modification may be used to approve the settlement of a potential or pending contract dispute. 11.1.3 Policy for Contract Modifications that Change the Scope of a Contract 11.1.3.1 Contract modifications may not provide for less than full performance by the contractor as provided in the contract unless the contractor gives full and fair consideration (discount on contract price, additional work, etc.) in exchange for the contract modification. The County must not pay any additional monies under a contract modification for work which was required to be performed under the contract. 11.1.3.2 A modification to a contract that was awarded by a competitive solicitation process may not materially depart from the scope of the original solicitation unless the goods, services, or construction being acquired by the modification could be acquired from the incumbent contractor by a separate non-competitive or emergency procurement. In the absence of a non-competitive or emergency procurement justification, the modification must be of a kind that potential offers reasonably could have anticipated. 11.1.4 Review 11.1.4.1 The Director reviews the proposed contract modification, with attachments, if any. If the value of the proposed contract modification exceeds $25,000, the Director must refer the contract modification to the CRC unless the Director determines that the change in compensation results from a mechanical application of an established cost indexing provision or other contract option which pre-determines price. Otherwise, the Director may approve the modification. 11.1.4.2 The CRC reviews contract modifications referred by the Director. The CRC may approve, approve with conditions or reject any contract modification. 11.2 Change Orders 11.2.1 The Director may initiate a change orders if and as provided for in a contract. Generally, the contract administrator initiates a change order. A change order is not effective, and a contractor may not proceed with performance of the change order, until and unless the contracting officer executes the change order. 11.2.2 The Director should not use a change order for changes that are outside the scope of the contract. 11.2.3 The Director reviews the proposed change order, with attachments, if any. If the net cost of all the changes in the proposed change order exceeds $25,000, the Director must refer the change order to the CRC for review. Otherwise, the Director may approve the change order. 11.2.4 The CRC reviews change orders referred by the Director. The CRC may approve, approve with conditions, or reject any change order in whole or in part. 11.3 Field Orders 11.3.1 Field orders are used only in the following limited situations: 11.3.1.1 To director work when unforeseen and unanticipated conditions arise which require immediate action to mitigate costs or avoid delay claims, and there is insufficient time to process a change order; 11.3.1.2 To order a minor change in the work not involving an adjustment in the contract sum or an extension of the contract time, not inconsistent with the intent of the contract documents; 11.3.1.3 To provide a written interpretation, including drawings, necessary for the proper execution or progress of the work consistent with and reasonably inferable from the contract documents if the interpretation does not adjust the contract sum or the contract time. 11.3.2 A field order may be issued by a person specifically delegated the authority to issue a field order under the contract and who acts as a contracting officer for the purpose of issuing the field order. If the estimated value of the field order exceeds $25,000, the Director must consent to the field order prior to its issuance. 11.3.3 Prohibited field orders Field orders are not permitted if there is sufficient time to process a change order, a contract amendment, or, if appropriate, a new procurement to satisfy the County's needs. 12.1 Termination Methods The Director may terminate a contract in the following ways: 12.1.1 The Director may terminate a contract for default. If the contractor materially breaches the contract, the County, at its option, may cancel in whole or in part work under the contract. 12.1.2 The parties may terminate a contract by mutual consent. 12.2 Authority to Terminate Only the Director may terminate a contract. The County Attorney must approve each contract termination. 12.3 Process to Terminate 12.3.1 Termination for Default 12.3.1.1 If the Director finds that the contractor is in default, he must document the contractor's material breach of the contract. 12.3.1.2 Upon a finding of default, the Director must provide the contractor with a written notice to cure the default. If the Director determines that default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the Director may terminate the contract immediately by issuing an oral or written notice to the contractor without giving any prior notice or opportunity to cure. 12.3.1.3 The County Attorney must approve the issuance of the notice to cure and the issuance of a termination for default. 12.3.1.4 If the contractor disputes the issuance of a termination for default, the contractor must file a timely claim under Section 15.2. The contractor may not file a claim in response to a notice to cure. 12.3.2 Termination by Mutual Consent 12.3.2.1 If the Director finds that termination by mutual consent is in the best interests of the County, he must document the reasons justifying it. 12.3.2.2 Upon a finding by the Director that it is in the best interest of the County to terminate the contract by mutual consent, the Director may enter into a termination agreement. 12.3.2.3 The County Attorney must approve a termination agreement. 13.1 Defined A claim outside a contract is a demand or request for payment from a person who, at the direction of a County employee, has furnished goods or services to the County outside a contract. This may occur when: 13.1.1 Goods or services were accepted without the award of a contract; 13.1.2 Performance was accepted under a contract without a timely certification of available funds; 13.1.3 Performance by a contractor was outside the scope of the contract and was accepted; or 13.1.4 The Contractor provided goods or services after the expiration of the contract, but otherwise in conformance with its terms and conditions. 13.2 Policy Claims outside contracts are not encouraged and the Department must avoid them whenever possible. However, a procedure is necessary to provide for fair compensation to a person who has provided the County with a benefit outside a contract. This procedure is discretionary and does not create any rights to payment to the person unless the claim is approved by authorized County officials. The Department must not utilize this procedure to circumvent the requirements of these regulations. 13.3 Approval Requirements 13.3.1 If circumstances under 13.1.2 exist, then the Director, Office of Procurement, may approve a claim outside a contract after determining that sufficient funds have been encumbered to defray the cost of the performance under the contract. Once this determination has been made, the contract is valid and payment may be made, if otherwise due under the contract. The Director, Department of Public Works and Transportation, must submit a memorandum to the Director, Office of Procurement, (1) requesting approval; (2) explaining why funds had not been encumbered; and (3) describing what steps the Department has taken to avoid a similar claim in the future. The Director, Department of Public Works and Transportation, must execute this memorandum. 13.3.2 Before the Director, Office of Procurement, approves any other claims outside a contract is approved, the Director, Department of Public Works and Transportation, must submit the following to the Office of the County Attorney: 13.3.2.1 A statement of all facts demonstrating that the County directed the person to proceed with performance, including the identity of every employee who directed the person to proceed; 13.3.2.2 A statement of all facts demonstrating that the person relied upon the direction of a County employee; 13.3.2.3 An analysis of the work performed and the benefit received, which must include a certification that the claim represents a fair and reasonable value including all facts that support the certification; 13.3.2.4 An explanation of the reason why the goods, services, or construction was not provided under a contract and a statement of actions taken or a plan to assure that this type of claim will not occur in the future; 13.3.2.5 A statement of any additional facts that indicate why the person is entitled to payment of the claim; 13.3.2.6 A written invoice; and, 13.3.2.7 A proposed release, contract, or contract modification that makes the performance rendered by the person subject to all applicable mandatory clauses, and releases the County from any further claim. 13.4 Procedures for Approval 13.4.1 The Department must submit the information required in Section 13.3.2 to the County Attorney for review and action. 13.4.1.1 If the claim outside a contract is $5,000 or less, the County Attorney may approve the claim outside a contract in writing and return it to the Department which is responsible for processing the claim outside a contract approval for payment. 13.4.1.2 If the claim outside a contract is in excess of $5,000, the County Attorney may approve the claim outside a contract subject to approval of the CAO. If the County Attorney approves the claim, the County Attorney must submit a recommendation for approval to the CAO, in writing, together with documentation received from the Department. 13.4.1.3 If the County Attorney rejects a claim outside a contract, the County Attorney must state the reasons for the rejection in writing and return the documentation to the Department. The Department may resubmit the claim outside a contract to the County Attorney with additional information as requested or other information the Department may elect to submit. 13.4.1.4 If the County Attorney requests further information, the Department must furnish the requested information as expeditiously as possible. 13.4.2 After receipt of the claim outside a contract together with the County Attorney's approval, the CAO may approve or reject the claim in writing and return all documentation to the Office of the County Attorney. Upon receipt of the copy of the original memorandum (without attachments) from the Department, the CAO may take any appropriate action to avoid future claims. 13.4.3 If approved for payment, the Department is responsible for processing payment of the claim outside a contract subject to any conditions imposed by the County Attorney or the CAO. 13.5 CAO and County Attorneys' Approval Authority Notwithstanding any provisions of this Section or these regulations, the determination of the validity of the claim outside a contract is made in the sole discretion of the County Attorney and the CAO, as provided in the Montgomery County Code. 14.1 Solicitation Protests 14.1.1 Definition Aggrieved means that the applicant or offeror who is filing the protest or appeal would have been included on a shortlist or would have been awarded a contract but for the protested action or decision (e.g., a fourth ranked offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked offerors or would require that the Department reissue the solicitation). 14.1.2 Protest Only an applicant or offeror who is aggrieved may file a protest. An applicant or offeror is aggrieved only if the applicant or offeror can demonstrate that should the protest be sustained, the applicant or offeror is eligible for the remedies allowed under section 14.1.4. 14.1.2.1 Any applicant or offeror who is aggrieved in connection with a solicitation must file and deliver a written protest to the Director: (A) as soon as possible, but no later than within 10 days after the Director publicly posts the shortlist or list of award(s); except, (B) if the applicant or offeror seeks as a remedy the cancellation or amendment of the solicitation, then the applicant or offeror must file its protests before the submission date for proposals. The Director must dismiss any protest not timely received. 14.1.2.2 Each protest must contain the following: (A) An identification of the solicitation from the County; (B) The name, address and telephone number of the protesting applicant or offeror; (C) A statement supporting that the applicant or offeror is aggrieved to file a protest; (D) Specification of all grounds for the protest, including: (1) A submission of detailed facts and all relevant documents; (2) A citation to relevant language in the solicitation, regulations, or law relied upon; and, (3) All other matters that the applicant or offeror contends supports the protest. (E) Factual allegations regarding information not appearing on the face of the solicitation or offer must be supported by affidavit based on personal knowledge. (F) A protest filing fee in the amount of $500.00. (G) If proposal preparation costs are sought, then the applicant or offeror must provide, by affidavit based on personal knowledge, evidence supporting the costs claimed. 14.1.2.3 If, before filing a timely protest, an aggrieved applicant or offeror has requested in connection with the protest public records under the Maryland Public Information Act, then the applicant or offeror may amend the grounds for the protest within 10 days of the County's making available for inspection records that: (a) must be released under the Maryland Public Information Act at the time of the request for the records; and (b) demonstrate the applicant or offeror may have other grounds for the protest than the grounds specified in the protest. 14.1.2.4 After an applicant or offeror file a protest, the Director may give appropriate notice to other known applicants or offerors who may be affected by the protest. Other affected applicants or offerors may submit written comments or documents regarding the protest. All applicants and offerors are required to keep apprised of the current status of solicitations, decisions to shortlist or award, and protests; an applicant or offeror may not rely on notice of a protest from the Director. Notice by the Director is discretionary and need not be given. The burden of staying informed about the filing of a protest and the timely submission of comments by affected applicants and offerors is on the applicants and offerors. 14.1.2.5 The Director may hold a conference with all interested parties if the Director believes a conference would contribute to a resolution of the protest. 14.1.2.6 The burden of production of all relevant evidence, data and documents and the burden of persuasion to support the protest is on the applicant or offeror making the protest. 14.1.2.7 After considering the protest based on the record received, the Director must make a determination and finding regarding the protest. The Director's determination and finding are in the nature of a reconsideration. The Director must forward by certified mail the determination and finding to the protesting applicant or offeror and other applicants or offerors who have participated in the protest. 14.1.3 Appeal 14.1.3.1 An applicant or offeror may appeal to the CRC a protest decision of the Director that adversely affects the applicant or offeror within 10 days after the date the Director mails the decision. The applicant or offeror must be aggrieved to appeal. 14.1.3.2 The CRC must review the protest de novo, but the CRC must not consider any grounds except those presented to the Director under 14.2.2. 14.1.3.3 The appeal must be in writing and must include a copy of the protest and the decision of the Director. In addition, the appeal must contain all grounds for disagreement with the decision of the Director. The appealing applicant or offeror is confined to the grounds specified for the appeal and may not raise new grounds for the appeal after the initial appeal is filed with the CRC. 14.1.3.4 After the applicant or offeror files an appeal, the Director may submit to the CRC a response to the appeal. If the Director submits a response, then the Director must include in the response all documents in support of the response. 14.1.3.5 The CRC must review the appeal. (A) If the CRC finds there is no genuine dispute as to a material fact and the appeal can be decided as a matter of law (which may include lack of aggrieved status or failure to comply with appeal procedures), the CRC must make proposed findings and a recommendation that decide the appeal. (B) If the CRC finds there is a genuine dispute as to a material fact and that it cannot decide the appeal as a matter of law, then it must notify the appealing applicant or offeror, any entity on a shortlist or receiving an award, and the Director and then it must conduct further proceedings. These proceedings may include a hearing. If a hearing officer is designated by the CRC, the hearing officer must conduct the hearing and make proposed findings and a recommendation to the CRC. After the hearing (if any) and based on the record, the CRC may accept, reject, or modify the hearing officer's proposed findings of fact and recommendation, and must then submit a recommended decision on the appeal to the CAO. (C) The CAO may approve, revise, or remand the CRC's decision. If the CAO takes no action within five working days, then the decision of the CRC becomes the final decision of the CAO. (D) The final decision must be mailed to the appealing applicant or offeror and other applicants or offerors who have participated in the appeal. (E) The final decision of the CAO is subject to appeal to the Circuit Court under the Maryland Rules governing administrative appeals. 14.1.4 Remedies 14.1.4.1 Protest by an applicant of a decision or action made during a pre-qualification (shortlist) stage of a procurement (A) If a protest or appeal is sustained before the Director proceeds to the next (award) stage of the procurement, then the Director must either: (1) re-issue the solicitation; or (2) add the applicant to the shortlist. (B) If a protest or appeal is sustained after the Director proceeds to the next (award) stage of the procurement, then the Director must award the applicant's reasonably incurred actual costs of preparing the pre-qualification (shortlist) stage proposal. 14.1.4.2 Protest by an offeror of a decision or action made during an award stage of a procurement (A) if a protest or appeal is sustained before the Director makes an award(s) pertaining to the offeror's protest or appeal, then the Director must either: (1) re-issue the solicitation; or (2) make an award consistent with the sustained decision. (B) If a protest or appeal is sustained after the Director makes an award(s) pertaining to the offeror's protest or appeal, then the Director must award the offeor's reasonably incurred actual costs of preparing the award stage proposal. (C) A monetary award in favor of a protesting applicant or offeror is limited to reasonably incurred actual preparation costs of the proposal associated with the protest. In no event may an award of costs exceed $5,000 for any protest. (D) The Director or CRC may return the filing fee to the protesting applicant or offeror, if the protest or appeal is sustained. 14.1.5 Standard of Review of SC Recommendations If the evaluation of the proposals by the SC is challenged, the Director or, in the case of an appeal, the CRC, must give deference to the judgment of the SC. The SC's recommendation must be affirmed where a reasoning mind could arrive at the conclusion reached by the SC consistent with proper application of applicable procurement laws, regulations, and solicitation requirements. 14.1.6 Contract Awards Generally, the Director will award contracts on the same day that awards are posted. 14.1.7 Solicitation Protest Hearing Procedures; Powers of Hearing Authority 14.1.7.1 The hearing authority will hold a hearing at a time and place designated in a written notice to the parties to the appeal. The hearing is on the record and must be open to the public, unless otherwise ordered by the hearing authority or as provided by law. 14.1.7.2 The hearing authority must arrange for a verbatim recordation of all testimony. The Department must pay the cost of the recordation. A party requesting a transcript must bear the expense of the transcript. The hearing authority must maintain a record of the proceedings, which consist of the verbatim recordation or transcript, exhibits, and the hearing authority's proposed findings of fact and recommendations. 14.1.7.3 A hearing authority must not consider an ex-parte communication except as provided in the Montgomery County Public Ethics Law. 14.1.7.4 Each party may: (A) be represented by counsel authorized to practice law in Maryland; (B) file motions; (C) present evidence, including testimony and exhibits; (D) cross-examine witnesses; and (E) argue in support of its respective position. 14.1.7.5 Subject to the direction of the hearing authority, proceedings are informal. Although the hearing authority has full discretion to proceed in an orderly fashion, the following is the usual order for presentation of the appeal: (A) Opening statement; (B) Presentation of witnesses and documents; and (C) Closing argument, during which the usual order will be for the appealing applicant or offeror to go first, then other applicants or offerors made a party to the proceedings, and finally the Director. 14.1.7.6 The hearing authority may establish requirements with respect to discovery and other pre-hearing submissions and procedures. 14.1.7.7 The hearing authority may admit and give appropriate weight to evidence that possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence that is reliable in nature. The hearing authority must give effect to the rules of privilege recognized by law. The hearing authority may exclude incompetent, unreliable, irrelevant or unduly repetitious evidence, or admit evidence at its own request. The hearing authority may question witnesses on any point. 14.1.7.8 The hearing authority may: (A) set any reasonable schedule for the hearing, motions, and presentation of evidence; (B) accept stipulations; (C) require the swearing of witnesses; (D) take official notice of commonly cognizable facts; (E) rule on motions and objections; (F) subpoena and examine witnesses; (G) accept exhibits into the record; (H) administer oaths and affirmations; (I) grant or deny a request for a subpoena, including a subpoena duces tecum; (J) impose sanctions for failing to provide required discovery; (K) for good cause shown, keep the record open for receipt of additional evidence or submissions by the parties after the close of the hearing; and (L) make any other ruling necessary to promote fairness or efficiency in the hearing process, including a recommended summary disposition of the appeal. 14.1.7.9 The burden of proof and the burden of persuasion with respect to the appeal is on the appealing applicant or offeror. 14.1.7.10 The hearing officer must prepare and submit to the CRC a written report containing proposed findings of fact and recommendations based on the record. A copy of the report must be forwarded to all parties. 14.1.7.11 The CRC may hear separate appeals from different applicants or offerors on the same proposed contract award in the same hearing or in separate hearings. 14.2 Contract Disputes 14.2.1 Definitions 14.2.1.1 In this section claim means: (A) a demand by a contractor that seeks the payment of money, an adjustment of tmie, an adjustment or interpretation of a contract provision, or other relief arising under or relating to a contract; or (B) a disagreement arising from a decision by the Director regarding a contract termination under 11B.04.01.12. 14.2.1.2 In this section a dispute means an unresolved claim. 14.2.2 General 14.2.2.1 (A) A contractor must use the process set out in this section to resolve a contract claim or dispute. (B) Except with respect to a claim arising from a decision of the Director terminating a contract, a contractor must notify in writing the contract administrator of the claim, and must attempt to resolve the claim with the contract administrator prior to filing a dispute with the Director. A contractor must file a dispute with the Director within 30 days of the event giving rise to the claim (unless the contract provides otherwise) whether or not the contract administrator has responded to the written notice of claim or resolved the claim. The contractor waives any dispute not timely filed. The Director and the CAO must dismiss a dispute that is not timely filed. 14.2.2.2 When first filing a dispute, a contractor must provide to the Director the following: (A) the name and identification number of the contract with the County; (B) The name, address and telephone number of the contractor; (C) All grounds supporting the contractor's request relief, including: (1) The detailed facts and all relevant documents; (2) The relevant language in the contract, regulations, or laws relied upon; (3) All other matters which the contractor contends supports the claim; and (4) The relief requested. (D) The factual allegations contained in the dispute must be supported by one or more affidavits based on personal knowledge. 14.2.2.3 (A) The Director must decide a dispute after receiving the dispute unless the contractor agrees to extend the time for a decision. (B) If the Director denies a dispute, in whole or in part, the contractor may file a contract dispute appeal with the CAO. The contractor must file a dispute appeal within 30 days after receiving the decision of the Director or if no decision is rendered by the Director within 45 days, within 75 days after submitting the dispute. (C) Unless the Director and the contractor agree, a dispute may not be resolved by mediation or binding arbitration. 14.2.2.4 The CAO may hold a conference with all interested parties if the CAO believes a conference would contribute to a resolution of the dispute. 14.2..2.5 The contractor bears the burden of proof and the burden of persuasion to support the relief requested. 14.2.2.6 Pending final resolution of a dispute, the contractor must proceed diligently with contract performance unless the County has terminated the contract. 14.2.2.7 The CAO may consolidate a contractor's disputes if the disputes have common questions of law or fact. The time limits in Section 14.2 for the last dispute filed apply to the consolidated dispute. 14.2.2.8 The CAO or the Director may order a contractor that is not a party to the appeal or the contract under which the dispute has been filed to become a party to the proceeding if the dispute on appeal may be based, in whole or in part, on the performance of the other contractor. The Director or CAO may order the other contractor to compensate another party to the dispute appeal, including the County, for damages incurred as a result of the other contractor's failure to perform a contract obligation. 14.2.2.9 Upon receipt of the contract dispute appeal, the CAO must review the dispute de novo, but the CAO must not consider any grounds except those presented to the Director under 14.2.2.2. (A) The contractor must file a dispute appeal with the CAO. The dispute appeal must identify the relief sought by the contractor and all grounds and materials supporting the contractor's request for relief. The contractor must provide a copy of the dispute appeal to the Director and the County Attorney. (1) At the time of filing a dispute appeal involving $10,000 or more with the CAO, the appealing contractor must provide to the other parties to the dispute a written notice which contains: (a) the name and, if known, the address and telephone number of each individual likely to have discoverable information regarding facts concerning the dispute; (b) a computation of each category of damages or other specific relief sought; and (c) the name, address, and telephone number of each individual from whom the contractor expects to obtain expert testimony. The notice must include a written statement that contains: (i) a complete statement of each opinion to be expressed; (ii) the basis and reason for each opinion; (iii) the data or other information considered by the expert in forming each opinion; (iv) the qualifications of the expert, including a list of all publications authored by the expert; and (v) a list of each case in which the expert has testified as an expert within the preceding 4 years. (d) the parties have a continuing obligation to promptly supplement any change in information contained in the written notice required in this subsection. (2) The other parties must provide the notice required under paragraph (1) to appealing contractor and any other party: (a) within 90 days after being served with the notice required under paragraph (1) if the dispute involves more than $100,000; or (b) within 60 days after being served with the notice required under paragraph (1) if the dispute involves $100,000 or less. (B) The Director must file with the CAO a response to the dispute appeal within 15 days after the dispute is filed. The Director must include a complete copy of the contract in the response unless the contractor has provided it in the dispute appeal. The Director must send a copy of the response to the contractor. (C) The CAO may require the contractor and the Director to submit additional information. (D) If the CAO finds, based on the record, that the Contractor failed to comply with the requirements of section 14.2.2, the CAO must summarily deny the appeal within 30 days after receiving the appeal. If the CAO finds, based on the record, that the contractor complied with the requirements of section 14.2.2, and there are no genuine disputes of material fact, the CAO must decide the appeal without a hearing within 30 days after receiving the appeal. The CAO must state in writing the reasons that support the decision. (E) If the CAO determines that the appeal cannot be decided under section (d) above, the CAO must order a hearing. The CAO may designate a hearing officer to conduct the hearing, and may limit the issues to be heard. If a hearing officer is designated by the CAO, the hearing officer must conduct the hearing in accordance with section 14.2.4 and make proposed findings of fact and recommendation to the CAO. The hearing must be completed in conformance with the time requirements imposed by Chapter 11B of the Code. After the hearing and based on the record, the CAO must make a written decision on the appeal, including proposed findings of fact and recommendation within 30 days after receiving the hearing officer's report. The CAO may adopt, modify or reject the findings of fact and conclusions of law of the hearing officer's report. (F) The final decision of the CAO is subject to judicial review under 11B-35D of the Code. 14.2.2.10 Unless the CAO and the contractor agree, a contract dispute appeal may not be resolved by mediation or binding arbitration. 14.2.3 Contract Dispute Procedures 14.2.3.1 Discovery Whether or not a hearing has been ordered, each party to an appeal in a contract dispute is entitled to obtain the following discovery regarding any matter, not privileged, which is relevant to the appeal: (A) Any time after a contract dispute appeal has been filed with the CAO, a party may serve another party with a request for production, inspection, and copying of documents or any tangible things. Within 30 calendar days after service, the party served must respond stating that inspection and copying will be permitted or stating the basis for any objection. (B) If the value of the dispute exceeds $250,000, any party may take depositions, upon oral examination, before an officer authorized to administer oaths at a place of examination, for the purpose of discovery or for use as evidence. The party desiring to take a deposition must serve a notice of deposition upon oral examination at least 7 calendar days before the date of the deposition. A party must not take more than 5 depositions without leave of the hearing authority or agreement of the parties. 14.2.3.2 Pre Hearing Report Seven days prior to the commencement of the hearing, the contractor and the County must submit a pre-hearing report to the hearing authority, with a copy to the other parties. Each pre-hearing report must: (A) Explain each claim and defense relied upon by the party; (B) List all issues not in dispute, facts stipulated, and facts to which the other party is requesting stipulation; (C) List each witness (except for rebuttal witnesses) to be called by the party and a summary of the facts to which the witness is expected to testify; (D) List each expert witness to be called and attach a copy of any report prepared by the expert witness. Unless contained in the expert's, the party must provide: (1) a complete statement of each opinion to be expressed; (2) the basis and reason for each opinion; (3) the data or other information considered by the expert in forming each opinion; (4) the qualifications of the expert, including a list of all publications authored by the expert; and (5) a list of each case in which the expert has testified as an expert within the preceding 4 years. and: (E) List each exhibit to be introduced by the party. 14.2.4 Hearing Procedures; Powers of Hearing Authority 14.2.4.1 The CAO may designate a hearing officer to conduct a hearing and make proposed findings of fact and conclusions to the CAO. If the CAO designates a hearing officer, the hearing officer has all the authority granted in section 14.2.4 granted to the hearing authority except the authority to make a final agency decision. 14.2.4.2 The hearing authority must provide written notice to the parties designating a time and place for the hearing. The hearing must be on the record and be open to the public, unless otherwise ordered by the hearing authority or as provided by law. 14.2.4.3 The hearing authority must arrange for a verbatim recordation of all testimony. The Department must pay the cost of the recordation. A party requesting a transcript must bear the expense of the transcript. The hearing authority must maintain a record of the proceedings which consists of the verbatim recordation or transcript, exhibits, and the hearing authority's proposed findings of fact and recommendations. 14.2.4.4 A hearing authority must not consider an ex parte communication except as provided in the Montgomery County Public Ethics Law. 14.2.4.5 Editor's note—Regulation No. 5-04 contains two paragraphs numbered 14.2.4.5 Each party may: (A) be represented by counsel authorized to practice law in Maryland; (B) file motions; (C) present evidence, including testimony exhibits; (D) cross-examine witnesses; and (E) argue in support of its respective position. 14.2.4.5 Editor's note—Regulation No. 5-04 contains two paragraphs numbered 14.2.4.5 Subject to the direction of the hearing authority, proceedings are informal. Although the hearing authority has full discretion to proceed in an orderly fashion, the following is the usual order for presentation of the appeal: (A) Opening statements (appealing contractor first, County last); (B) Presentation of witnesses and documents (appealing contractor first, County last); and (C) Closing argument (appealing contractor first, County last). 14.2.4.6 The hearing authority may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence that is reliable in nature. The hearing authority must give effect to the rules of privilege recognized by law. The hearing authority may exclude incompetent, unreliable, irrelevant or unduly repetitious evidence, or admit evidence at its own request. The hearing authority may question witnesses on any point. 14.2.4.7 The hearing authority may: (A) set any reasonable schedule for the hearing, motions, and presentation of evidence; (B) accept stipulations; (C) require the swearing of witnesses; (D) take official notice of commonly cognizable facts; (E) rule on motions and objections; (F) subpoena and examine witnesses; (G) accept exhibits into the record; (H) administer oaths and affirmations; (I) grant or deny a request for a subpoena, including a subpoena duces tecum; (J) impose sanctions for failing to provide required discovery; (K) for good cause shown, keep the record open for receipt of additional evidence or submissions by the parties after the close of the hearing; and (L) make any other ruling necessary to promote fairness or efficiency in the hearing process, including a recommended summary disposition of the contract dispute appeal. 14.2.4.8 The burden of proof and the burden of persuasion with respect to the appeal is on the appealing contractor. 14.2.4.9 The hearing officer must prepare and submit to the CAO, a written report containing proposed findings of fact and recommendations based on the record. A copy of the report must be forwarded to all parties. 14.2.5 Alternative Dispute Resolution 14.2.5.1 If an election to mediate the dispute has been made, the parties must enter into a mediation agreement which: (1) states how a mutually acceptable mediator will be chosen; (2) defines the consequences for failing to resolve the dispute through mediation; and (3) provides that the cost of the mediation services will be borne equally by the parties. 14.2.5.2 (A) If an election to submit the dispute to binding arbitration is made, the parties must enter into an agreement which: (1) states how a mutually acceptable arbitrator will be selected. The parties may agree to use an arbitration service such as the American Arbitration Association or the Federal Mediation and Conciliation Service. Unless the parties agree otherwise, or the arbitration service selected provides for another method of selection, the parties must alternatively strike the proposed arbitrators until one remains. (2) provides that the cost of the arbitration services will be borne equally by the parties; and (3) provides for mutual discovery and hearing procedures. (B) An arbitrator has no authority to amend, add to, or subtract from applicable State and Montgomery County law, Montgomery County Procurement Regulations, and the terms of the contract under which the dispute arises. The arbitrator must make an award that is consistent with applicable law, regulations, and the terms of the contract. (C) In arbitration, the contractor bears the burden of proof and the burden of persuasion to support the relief requested. (D) Pending final resolution of the dispute by arbitration, the contractor must proceed diligently with contractor performance unless the County has terminated the contract. 15.1 Purpose The CRC is established for the purpose of reviewing and evaluating certain procurement actions, recommending resolution of solicitation protest appeals, advising the CAO and Director on matters pertaining to procurement in Montgomery County, and performing such other responsibilities as provided in these regulations or assigned by the CAO. 15.2 Composition 15.2.1 Voting Members. The CRC is composed of the following voting members. 15.2.1.1 The Chair or an alternate designated by the CAO. 15.2.1.2 The Director, Office of Procurement, or the Director's designee. 15.2.1.3 The Director of the Office of Management and Budget or that Director's designee. 15.2.1.4 The Director of the Staff of the County Council or that Director's designee, when a County Council procurement action is considered. 15.2.1.5 The County Attorney or designee becomes a voting member in the case of a disqualification or absence of a voting member. 15.2.2 Advisory Members (non-voting). 15.2.2.1 The County Attorney or designee is a non-voting member. 15.2.2.2 The CAO may designate a Department representative as a non-voting member. 15.3 Authority 15.3.1 The CRC derives its authority from these regulations and the CAO. 15.3.2 The CRC may request any information from the Department that it deems necessary in connection with the exercise of its authority and responsibilities. The Director, Office of Procurement, acting on behalf of the CRC, may request the Department to furnish certain documentation or take certain actions either for submittal to the CRC for review or in order to implement CRC decisions. The Department should respond to requests as expeditiously as possible. 15.3.3 The Director, Office of Procurement, must prepare the agenda of the CRC, subject to the direction of the Chair, and may issue guidelines to the Department with respect to required submissions, time deadlines and other matters pertaining to the orderly conduct of the agenda for the CRC. This may include coordinating the Department representative's attendance at CRC meetings. 15.3.4 The CRC may condition its approval of procurement actions. The conditions must be satisfied before the procurement may be consummated. 15.3.5 The CRC may hold hearings, call witnesses, receive documentation and correspondence and conduct investigations.\ 15.4 Minutes and Records 15.4.1 The Director, Office of Procurement, is responsible for preparing meeting minutes in accordance with the requirements of the State Open Meetings Act. 15.4.2 The minutes reflect voting and actions on each agenda item. 15.4.3 The Chair must maintain CRC solicitation protest appeal records until the dispute is finally resolved. The Director, Office of Procurement, maintains all other records. After the solicitation protest appeal is finally resolved, the Chair must transmit the record to the Director. 15.5 Duties and Responsibilities 15.5.1 The CRC has the following responsibilities. 15.5.1.1 Approving sole source procurements valued above the threshold for procurements. 15.5.1.2 Approving all change orders or amendments to a contract valued above the threshold for procurements, unless the Director determines that the change in compensation results from a mechanical application of an established cost indexing provision or other contract option which pre-determines price. 15.5.1.3 Approving a contract extension beyond the original term, except: (A) An extension authorized in the original contract; or (B) A single extension of the original term by 12 months or less. 15.5.1.4 Considering procurement matters referred to the CRC by the CAO, the County Attorney, the Director, Office of Procurement, or the Director, Department of Public Works and Transportation. 15.5.1.5 Recommending resolution of solicitation protest appeals. 15.5.1.6 Considering other procurement matters as provided in these regulations. 15.5.2 The CRC may undertake special investigations or studies and render reports as directed by the CAO. 15.5.3 The CRC may coordinate its review of proposed procurement actions with the budgets, programs, and procurement actions of the Department. All public and private participants in the procurement process are subject to County ethics laws under Chapters 11B and 19A of the Montgomery County Code and the applicable regulations for standards of conduct required in contracting. Questions regarding ethical issues should be directed to the Montgomery County Ethics Commission, the Office of the County Attorney, or the Director. 17.1 General Authority The Director, Office of Procurement, upon a recommendation from the Department, may enter into a non-competitive contract if the person was named or designated in: 17.1.1 a grant accepted by the County; or 17.1.2 a resolution or appropriation approved by the County Council. 17.2 Authority of the Director The Director, Office of Procurement, upon a recommendation from the Department, may determine that the contract serves a public purpose and enter into the contract. 17.3 Other requirements 17.3.1 Contracts entered into under the grant authority contained in Chapter 11B of the Code must meet all requirements specified by the County Attorney and the Director, Office of Procurement. The contract must be in a form approved by the County Attorney. The contract should include specifications or conditions of performance under the contract, identification of payment schedules, and other mandatory provisions usually expected in County contracts. 17.3.2 The Department, prior to County Council approval of a grant award, must certify to the County Council, the Office of Management and Budget, and the Director that: (a) the proposed grantee would qualify as a responsible offeror under Section 6.3. (b) the grant amount is fair and reasonable after making a price analysis required under Section 10.1.1; and (c) the services, goods, and construction funded by the grant award are in the public interest. 18.1 Debarment 18.1.1 After consulting with the Department and the County Attorney, the Director, Office of Procurement, may debar a person from consideration for award of contracts, for a length of time to be determined by the Director, Office of Procurement. The length of time should not be less than the time which would be expected to include one or more solicitations for the type of work being provided by the debarred person. The debarment time imposed by the Director, Office of Procurement, is not limited by the debarment time imposed by another public entity. 18.1.2 The Director, Office of Procurement, must maintain a list of debarred persons and corresponding dates of debarment. 18.1.3 The Director, Office of Procurement, may debar a person for any of the following reasons: 18.1.3.1 Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract; 18.1.3.2 Conviction of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, kickbacks or any other offense indicating a lack of business iintegrity; 18.1.3.3 Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; 18.1.3.4 Violation of County contract provisions of a character which is regarded by the Director, Office of Procurement, to be so serious as to justify debarment action, which may include: (A) deliberate failure without good cause to perform under the specifications or within the time limits provided in the contract; or (B) a record of failure to perform or of unsatisfactory performance under the provisions of one or more contracts; however, failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor are not a basis for debarment; 18.1.3.5 violation of the ethical standards set forth in Chapter 11B or Chapter 19A of the Code; or 18.1.3.6 any other serious cause the Director, Office of Procurement, determines to be so compelling as to affect the competency or integrity of a potential contractor, including debarment by anotehr public entity. 18.1.4 The Director, Office of Procurement, must send a notice of proposed debarment to the person whom the Director, Office of Procurement, proposes to debar. The notice must inform the person of: 18.1.4.1 the factual basis constituting probable cause for debarment; and 18.1.4.2 the right, within 10 days, to provide written reasons why the person should not be debarred and, if desired, to request a hearing. 18.1.5 18.1.5.1 After reviewing the record, if the Director, Office of Procurement, determines there are no genuine disputes of material facts, the Director, Office of Procurement, must issue a decision on the debarrment. 18.1.5.2 After reviewing the record, if the Director, Office of Procurement, determines there are no genuine disputes of material facts, the Director, Office of Procurement, must conduct a hearing and may designate a hearing officer to take evidence and to make proposed findings to the Director, Office of Procurement. 18.1.6 18.1.6.1 The Director, Office of Procurement, must send a copy of a recommended determination and finding to the CAO. The CAO may approve, revise, or remand the Director, Office of Procuement's recommended decision based on the record. If the CAO takes no action within 5 working days after receiving the Director, Office of Procurement's decision, the decision of the Director, Office of Procurement, becomes the final decision of the CAO. 18.1.6.2 The final decision must be mailed to the person who was subject to the debarment proceeding. 18.1.7 A determination by the Director, Office of Procurement, or the CAO not to debar a person does not preclude the Director, Office of Procurement, from finding the person not responsible in the context of a specific solicitation. 18.2 Suspension 18.2.1 If the Director, Office of Procurement, initiates debarment proceedings, the Director, Office of Procurement, may suspend a person from consideration for awards of contracts. The suspension may not exceed 6 months. 18.2.2 The Director, Office of Procurement, must send a notice of proposed suspension to the person whom the Director, Office of Procurement, proposes to suspend. The notice must inform the person of the right to provide written reasons why the person should not be suspended. 18.2.3 A person who receives a notice of proposed suspension must provide written reasons opposing the suspension within 10 days after the Director, Office of Procurement, issues the notice of proposed suspension. 18.2.4 After reviewing any material supplied by the person, the Director, Office of Procurement, must make a determination and finding regarding the suspension. 18.2.5 The Director, Office of Procurement, must send a copy of the recommended determination and finding to the CAO who may approve, revise, or remand the decision. If the CAO takes no action within 5 working days, the decision of the Director, Office of Procurement, becomes the final decision of the CAO. 18.2.6 The final decision must be mailed to the person who was the subject of the suspension proceedings. 18.3 Hearing Procedures 18.3.1 Discovery 18.3.1.1 Each party to a debarment proceeding is entitled to obtain the following discovery regarding any matter, not privileged, which is relevant to the debarment proceeding: 18.3.1.2 Any time after the Director, Office of Procurement, decides to conduct a hearing in the debarment proceeding, a party may serve another party with a request for production, inspection, and copying of documents or any tangible things. Within 30 calendar days after service, the party served must respond stating that inspection and copying will be permitted or stating the basis for any objection. 18.3.1.3 Any party may take depositions, upon oral examination, before an officer authorized to administer oaths at a place of examination, for the purpose of discovery or for use as evidence. The party desiring to take a deposition must serve a notice of deposition upon oral examination at least 7 days before the date of the deposition. A party must not take more than 5 depositions without leave of the hearing authority or agreement of the parties. 18.3.2 Pre-Hearing Report Seven days prior to the commencement of the hearing, the parties to the debarment proceeding must submit a pre-hearing report to the hearing authority, with a copy to the other parties. Each pre-hearing report must: 18.3.2.1 Explain each ground or defense relied upon by the party; 18.3.2.2 List all issues not in dispute, facts stipulated, and facts to which the other party is requesting stipulation; 18.3.2.3 List each witness (except for rebuttal witnesses) to be called by the party and a summary of the facts to which the witness is expected to testify; 18.3.2.4 List each expert witness to be called and attach a copy of any report prepared by the expert witness. Unless contained in the expert's report, the party must provide: (A) a complete statement of each opinion to be expressed; (B) the basis and reason for each opinion; (C) the data or other information considered by the expert in forming each opinion; (D) the qualifications of the expert, including a list of all publications authored by the expert; and (E) a list of each case in which the expert has testified as an expert within the preceding 4 years; and 18.3.2.5 List each exhibit to be introduced by the party. 18.3.3 Hearing Procedures; Powers of Hearing Authority 18.3.3.1 If the Director, Office of Procurement, designates a hearing officer, the hearing officer has all the authority granted in these regulations except to make a final agency decision. 18.3.3.2 Hearings are held at a time and place designated by the hearing authority in a written notice to the parties to the debarment proceeding. The hearing authority must provide written notice to the parties designating a time and place for the hearing. The hearing must be on the record and be open to the public, unless otherwise ordered by the hearing authority or as provided by law. 18.3.3.3 The hearing authority must arrange for a verbatim recordation of all testimony. The Director, Office of Procurement, must pay for the recordation. A party requesting a transcript must bear the expense of the transcript. The hearing authority must maintain a record of the proceedings which consists of the verbatim recordation or transcript, exhibits, and the hearing authority's proposed findings of fact and recommendations. 18.3.3.4 A hearing authority must not consider an ex parte communication except as provided in the Montgomery County Public Ethics Law. 18.3.3.5 Each party may: (A) be represented by counsel authorized to practice law in Maryland; (B) file motions; (C) present evidence, including testimony and exhibits; (D) cross-examine witnesses; and (E) argue in support of its respective position. 18.3.3.6 Subject to the direction of the hearing authority, proceedings are informal. Although the hearing authority has full discretion to proceed in an orderly fashion, the following is the usual order for presentation of the debarment proceedinig: (A) Opening statements (County first, person subject to debarment last); (B) Presentation of witnesses and documents (County first, person subject to debarment last); and (C) Closing argument (County first, person subject to debarment last). 18.3.3.7 The hearing authority may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence that is reliable in nature. The hearing authority must give effect to the rules of privilege recognized by law. The hearing authority may exclude incompetent, unreliable irrelevant or unduly repetitious evidence, or admit evidence at its own request. The hearing authority may question witnesses on any point. 18.3.3.8 The hearing authority may: (A) set any reasonable schedule for the hearing, motions, and presentation of evidence; (B) accept stipulations; (C) require the swearing of witnesses; (D) take official notice of commonly cognizable facts; (E) rule on motions; (F) subpoena and examine witnesses; (G) accept exhibits into the record; (H) administer oaths and affirmations; (I) grant or deny a request for a subpoena, including a subpoena duces tecum; (J) impose sanctions for failing to provide required discovery; (K) for good cause shown, keep the record open for receipt of additional evidence or submissions by the parties after the close of the hearing; and (L) make any other ruling necessary to promote fairness or efficiency in the hearing process, including a recommended summary disposition of the debarment proceeding. 18.3.3.9 The burden of proof and the burden of persuasion with respect to the debarment proceeding is on the County. 18.3.3.10 The Director, Office of Procurement, must prepare and submit to the CAO a written report containing proposed findings of fact and recommendations based on the record. A copy of the report must be forwarded to all parties.

In accordance with the requirements of Montgomery County Code § 11B-17A, and the Program authorized under Chapter 11B, Article XV of the County Code, as codified at §§ 11B-65 through 70, this Executive Regulation establishes definitions, processes, and procedures to administer and implement the Local Small Business Reserve Program. The Definitions noted in the County Procurement Law and related Regulation apply to this Regulation, unless stated otherwise. (a) Broker - A person that conducts business (other than real estate, investment, or insurance sales) on a pass-through basis and with respect to: (i) Supplies: a. Does not own, operate, or maintain a place of business in which supplies of the general character required under the contract are kept in stock in the regular course of business, b. Does not regularly assume physical custody or possession of supplies of comparable character to those offered to the County, or c. Exclusively acts as a middleman in the provision of supplies offered to the County; or (ii) Services: does not regularly maintain the capability, capacity, training, experience, and applicable regulatory licensing to directly perform the principal tasks of a contract with the County, and acquires the services elsewhere, for the benefit of the County. (b) Combined Dollar Value of Contracts - A Using Department’s total, combined dollar value of procurement contracts for goods, services, or construction during a given particular fiscal year. This has the same meaning as “total dollar value of procurements” as that term is used in County Code § 11B-66(b) and (c). (c) Director - For purposes of this Regulation related to the Local Small Business Reserve Program, the term “Director” means the Director of the Office of Procurement. (d) Department - For purposes of this Regulation related to the Local Small Business Reserve Program, the term “Department” means the Office of Procurement. (e) Employment or Employ - The measurement of the number of people a business did or did not employ is calculated on a “Full-Time Equivalent” (FTE) basis. Any full-time, part-time, temporary, or contractual employee, who is not a broker, including an employee of a temporary help firm or a subcontractor, working for and receiving compensation from the business, will be included in determining the number of people a business did or did not employ for a particular period. The averaged sum of the specific FTE employment levels for a business at the end of each calendar quarter (i.e., March 31, June 30, September 30 and December 31) will determine the business’s annual FTE employment level. (f) Gross Sales - The total documented value of sales, before deducting for expenses, customer discounts, allowances, or returns. (g) Independently Owned and Operated - Where those in possession of a controlling interest and those directing and managing the affairs of a business are free from the influence, control, and determination of others. (h) Local Small Business - A for-profit business, other than a broker, that: (i) has its principal place of business in the County; (ii) is independently owned and operated; (iii) is not a subsidiary of another business; and (iv) meets criteria, size limits, and gross sales amounts noted in this Regulation, including those in 11B.65.01.03 below. (i) Local Small Business Reserve - Any procurement that is limited to responses from Local Small Businesses. (j) Local Small Business Reserve Application - An on-line based application system that resides in the County’s web site, by which a Contractor completes an on-line application, and submits it to the Director for certification as a Local Small Business. (k) Local Small Business Reserve Database - A database that resides in the County’s web site that stores the list of Local Small Business applicants, and enables search by the business name, industry sector, and the County commodity code. (l) Subsidiary of Another Business - A business controlled by another business that owns all or a majority of its shares or interest. To qualify as a “Local Small Business,” a business must: meet the definition in 11B.65.01.02 above; provide, at a minimum, 51% of measurable work on the contract, measured by the dollar amount, unless the Director specifies, in writing, a lower percentage based on a particular contract’s scope of work; and, meet the following size or gross sales criteria: (a) The wholesale operations (sale of goods in large quantities usually for resale) of the business, if any, did not employ more than 30 persons, or the gross sales of these business operations did not exceed an average of $5,000,000 in its most recently completed 3 fiscal years. (b) The retail (sale of goods in small quantities directly to the ultimate consumer) operations of the business, if any, did not employ more than 30 persons, or the gross sales of these business operations did not exceed an average of $5,000,000 in its most recently completed 3 fiscal years. (c) The manufacturing (producing goods from raw materials by hand or by machinery) operations of the business, if any, did not employ more than 40 persons, or the gross sales of these business operations did not exceed an average of $14,000,000 in its most recently completed 3 fiscal years. (d) The services operations of the business, if any, did not employ more than 100 persons, or the gross sales of these business operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years. (e) The construction operations of the business, if any, did not employ more than 50 persons, or the gross sales of these business operations did not exceed an average of $14,000,000 in its most recently completed 3 fiscal years. (f) Gross sales for a business that has been in operation long enough to file a Federal income tax statement, shall be determined by the average of gross sales amounts contained on the tax form(s) for the most recently completed 3 fiscal years. In the absence of a federal income tax statement, the business must provide verification that it meets the definition of a Local Small Business, including the above size and sales criteria, through audited financial statements. If a business has not existed for three years, the employment and gross sales average(s) shall be the average for each year or part of a year during which the business has been in existence. For a newly formed business, the determinations regarding size and sales criteria will be based upon then-current employment levels as of the time of the Local Small Business Reserve Application, and projected gross sales for that fiscal year. (g) If a business operates in more than one of the above-noted business operations classifications (i.e., wholesale, retail, manufacturing, service, and construction), its combined business operations must meet the above-stated limitation of the more liberal size and sales criteria. For instance, the gross annual sales limit for wholesale businesses is $5 million; for retail goods, and non-construction services the limit is $5 million; and for construction services and manufacturing the limit is $14 million. Therefore, the combined operation cannot exceed $5 million annually in average gross sales. Further, regarding size, the employment limit for wholesale and retail business operations is 30 persons versus 100 for a service operation. Accordingly, a business with both wholesale and service classifications can have up to 100 employees. (a) Except as provided in Subsection (c) of this 11B.65.01.04, this Regulation applies to all procurements by a Using Department. Any procurement under this Program is subject to all requirements and procedures otherwise applicable to the procurement under the Procurement Regulations. Except as otherwise provided by law, the provisions of this Regulation supplement, but do not replace, other provisions of, and definitions in, the County’s Procurement Regulations and Procurement Law. (b) A Using Department must award a minimum of 20 percent of the Using Department’s combined dollar value of contracts issued for goods, services, or construction to a Local Small Business. A Using Department need not designate a contract or a solicitation as a Local Small Business Reserve in order for it to count towards the immediately preceding requirement to award a minimum of 20 percent of the Using Department’s combined dollar value of contracts awarded for goods, services, or construction to a Local Small Business. The dollar amount of a contract that is solicited through the regular Procurement process that is awarded to a certified Local Small Business counts toward the 20 percent requirement. (c) The combined dollar value of procurements by a Using Department under this section does not include: (i) the value of any contract to which this Regulation does not apply because of a conflict with a State, federal, or local law or a grant requirement; (ii) a preexisting contract or extension(s) of a preexisting, multi-year, contract executed by the County; (iii) a non-competitive contract; (iv) a public entity procurement; (v) an emergency procurement; (vi) a bridge contract; (vii) a cooperative procurement; (viii) any waiver made under Montgomery County Code § 11B-67(f); (ix) any procurement where no Local Small Business is qualified or able to perform the contract as determined by the Director; or (x) any single procurement that is estimated to exceed $10 million. (d) In determining whether a Contractor is “qualified or able to perform the contract” under 11B.65.01.04(c)(ix), the Using Department must make a recommendation as of the time of a business’s offer in response to a solicitation based on a Contractor’s reputation, past performance, business and financial capability and other factors that demonstrate the Contractor is capable of satisfying the County’s needs and requirements for a specific contract. This requirement is in addition to those stated in Section 6.3 of the Procurement Regulations regarding responsibility. (e) In order for a business to be eligible to respond to a solicitation under the Local Small Business Reserve Program, a business must complete and submit the on-line vendor registration, including the Local Small Business Reserve Application on the County’s web site, prior to the applicable solicitation due date and time. The business must receive the Director’s certification as a Local Small Business prior to any contract award. (a) Any procurement of goods, services, or construction by a Using Department is eligible for designation for the Local Small Business Reserve Program by the Using Department director, or designee, except any procurement that is excluded under County Code § 11B-66(c), the items of which are reiterated in 11B.65.01.04(c) above. (b) A solicitation for a procurement that has been designated under the Local Small Business Reserve Program must be published in the same manner as required for other solicitations under County Code, Chapter 11B, Article III. (c) The Director will award a procurement contract designated as a Local Small Business Reserve in accordance with County law and Procurement Regulations, except to the extent stated otherwise in this Regulation. (d) A business must affirm and provide supporting documentation to the Director to show that it is a Local Small Business as defined in County Code § 11B-65(a) when required or requested by the Director. The Local Small Business must complete any required Local Small Business Reserve Application and any supporting affidavit required by the Director to demonstrate to the Director that it is a Local Small Business. (e) The Local Small Business must be in compliance with applicable Federal, State and County laws and regulations, including those relating to permits, licenses, and zoning that apply to operating the business. In addition, the business must operate in or from a physical location, and, among other things, reference by the business to a post office box or virtual office is insufficient to substantiate a physical location from which the business operates. (f) Eligibility as a Local Small Business ends if the business has been awarded $10 million in the aggregate in County contracts and at least 10 separate contracts, as either a County prime contractor or a subcontractor, beginning January 1, 2006. The Director will provide written notice to the Local Small Business when the Local Small Business is no longer eligible for the Program and the Director will remove the Local Small Business from the Local Small Business Reserve Database. (g) The Chief Administrative Officer may waive the application of Montgomery County Code, Chapter 11B, Article XV, to a specific procurement if the Chief Administrative Officer finds that the application of that Article conflicts with the overall objectives and responsibilities of the Chapter. The Chief Administrative Officer must keep records on the number of waivers issued and the reason for each waiver. This information must be reported to the Council by the Department in the annual report on the Program under Code § 11B-69(b). (h) Montgomery County Code, Chapter 11B, Article XV, does not give any person, including a Local Small Business, any right or status, including standing, to challenge the award of a contract or subcontract under the County procurement system. That Article is enforceable only through the oversight function of the Chief Administrative Officer and the County Council. (i) Administration and Implementation: The following delineates the departmental responsibilities to administer and implement the Program: (i) The Department administers and implements the Program. It must compile and maintain a comprehensive bidder’s list of Local Small Business applicants that have completed and submitted the on-line Local Small Business Reserve Application, and post that list on the County’s web site. To accomplish these objectives, the Department will: a. With cooperation from the Department of Technology Services (DTS), develop an Internet-based Local Small Business Reserve Database (Database) housed in the County’s web site that will, at a minimum, have the following features: 1. Local Small Business Reserve Program description; 2. Local Small Business Reserve Application module; 3. Local Small Business applicant database that can be sorted according to the commodity code used by the County procurement process; 4. Local Small Business applicant profile update module; and 5. Local Small Business applicant renewal module. b. Maintain the Database by: 1. Enhancing the efficiency of the database by incorporating advancements in database technology; 2. Requiring each Local Small Business applicant, before being awarded a County contract designated as for this Program, to submit documentation to the Department that satisfactorily demonstrates that it meets all of the requirements of a Local Small Business as of the solicitation due date and time for that procurement. 3. Tracking the number and the dollar amount of County contracts awarded to each Local Small Business in the Database, in coordination with other Using Departments. 4. Removing a Local Small Business from the Local Small Business Reserve Database when the Local Small Business has received $10 million dollars in County contracts in the aggregate and at least 10 separate contracts, as specified in 11B.65.01.05(f). 5. Removing a Local Small Business from the Local Small Business Reserve Database when the Local Small Business fails to meet the definition of Local Small Business as defined in this Regulation. A removed Local Small Business will subsequently be added to the Local Small Business Reserve Database by the Director only after the business submits an appeal letter and sufficient supporting documents to the Director within fifteen (15) days after removal from the list by the Department. The business’s letter must evidence that the business meets the definition of Local Small Business as defined in 11B.65.01.02(h) of this Regulation. The review and approval of the appeal letter is within the sole discretion of the Director. 6. Assigning a unique County Vendor Identification number to each Local Small Business in the Database. c. Market the Program and Provide Outreach Efforts to Local Small Businesses by: 1. Advertising the Program in the media, as deemed necessary by the Director, to increase the public awareness of the Program. 2. Preparing a Program brochure and other necessary collateral material, and distributing these materials in strategic locations, as determined by the Director, to enable easy and timely access by businesses in the County. 3. Participating in County business events, at least three times a year, to market the Program. 4. Working with small business resource groups in the County such as the Chambers of Commerce, Small Business Development Centers, Women’s Business Organization, etc., to disseminate Program information to the member businesses. 5. Preparing a press release once a year to publicize the Program results. d. Reporting: By November 30 each year, the Director must report to the Council on the Local Small Business Reserve Program. This report must include: the number, type, and dollar amount of contracts awarded under this Regulation during the preceding fiscal year; the number, type, and dollar amount of each waiver from the Internet posting requirement granted by the Director; the number, type, and dollar amount of each waiver pertaining to the Program that is granted by the Chief Administrative Officer; information about how these numbers have changed from the preceding fiscal year; and, the extent of outreach efforts by the Director. The Director will work with the Office of Legislative Oversight to ensure that the data needed to conduct a comprehensive evaluation of the program are collected. e. Take any other action necessary to administer or implement this Program. (ii) The Using Department: The Using Department will: a. Award a minimum of 20 percent of the Using Department’s combined dollar value of contracts issued for goods, services, or construction to Local Small Businesses, except as noted in 11B.65.01.04(c), above. b. Notify the Office of Procurement upon designating a procurement as a Local Small Business Reserve. c. Search the Local Small Business Reserve Database before conducting a solicitation process and before recommending a vendor for award, in a contract that has been designated for this Program. The Using Department must obtain verification from the Director, prior to recommending the vendor for award, that the vendor is an eligible Local Small Business. d. Track and report to the Director, by September 30 of each year, the procurement activities under the Program during the previous fiscal year, in accordance with County Code Section 11B-69(a) and (b), including: 1. Number, type, and combined dollar value of contracts awarded; 2. Number, type, and combined dollar value of contracts that are not included under this Regulation, in accordance with County Code Section 11B-66(c); 3. Number, type, and combined dollar value of contracts awarded to Local Small Businesses. 4. Number, type, and combined dollar value of contracts that were initially designated under the Program but were not awarded to a Local Small Business, and the reason they were not awarded to a Local Small Business. 5. Procedural changes and other related administrative efforts made to comply with this Regulation, and the associated fiscal impact of such changes. e. Take any other action necessary to comply with this Regulation. (iii) The Department will: a. Develop a process to ensure that in any Informal Solicitation, the vendor selection process used by the Office of Procurement to generate the five random vendor selections required under the Procurement Regulations includes vendors from the Local Small Business Reserve Database. b. The Director must keep records on the number of waivers of a Using Department’s Internet posting requirement issued in accordance with County Code Section 11B-17A(c), during a given fiscal year, and the reason for each waiver. The Director must report this information to the Chief Administrative Officer (CAO) by October 30 of each year. (iv) Department of Technology Services - The Department of Technology Services will assist the Department in administering and implementing the Program, including that which is indicated in (i)(i) of 11B.65.01.05. (v) The Chief Administrative Officer will: a. Have the authority to waive the application of this Regulation to a specific contract if the Chief Administrative Officer finds that the application of this Regulation conflicts with the overall objectives and responsibilities of Article XV of Chapter 11B of the County Code. The Chief Administrative Officer must keep records on the number of waivers the Chief Administrative Officer issues and the reason for each waiver. This information must be reported to the Director so this information can be included in the annual report to the County Council on the Program, as required under County Code Section 11B-69(b). b. Provide the oversight function to enforce the Regulation. In addition to that stated under County Law, or a particular contract, any person who willfully makes a false statement to a County official or employee for the purpose of influencing participation in the Program; or fraudulently obtains, attempts to obtain, or aid another person in fraudulently obtaining or attempting to obtain public monies to which the person is not entitled under this Regulation constitutes a material breach of the contract. Accordingly the County may then exercise any available remedy, including, terminating the contract for default. This Executive Regulation takes effect upon approval by the County Council.

This regulation establishes definitions, processes, and procedures to administer and implement a preference for a Small Business with Health Insurance, authorized under Montgomery County Code, Chapter 11B, Article XVII and codified at §§ 11B-77. Terms defined in Montgomery County Code, Chapter 11B-77(a), Preference for a Small Business with Health Insurance, are specifically incorporated herein and made part of this Regulation and are not redefined. Terms defined in Montgomery County Code, Chapter 11B-65, Local Small Business Reserve Program, do not apply to this Regulation, unless otherwise expressly stated. (a) “Applicant” means a business applying to become a Certified Small Business with Health Insurance. (b) “Certified Small Business with Health Insurance” means a business that has successfully applied and been approved by the Director for a procurement preference under this regulation. (a) This regulation covers the Certification process for an Applicant to receive a Health Insurance Evaluation Factor for an offer made in response to a County Request for Proposal (RFP), or a Percentage Price Preference for an offer made in response to a County Information for Bid (IFB). If successful, the Applicant becomes a Certified Small Business With Health Insurance. Health Insurance Evaluation Factors and Percentage Price Preferences may only be applied to a Certified Small Business With Health Insurance in response to Formal Solicitations. (b) An Applicant must submit an application to the County establishing that it qualifies as a Small Business With Health Insurance as defined in Montgomery County Code, Section 11B-77(a). An application must include: (1) a sworn affidavit by the owner(s), office or individual with authority to bind the buseinss, attesting that the Applicant is not subject to the employer shared responsibility (ESR) provision of the Patient Protection and Affordable Care Act (ACA) because it employs 50 or fewer full-time equivalent employees. The affidavit must include a list of the names of all full-time employees, and the average hours they work every month. If Applicant employees part-time or seasonal workers, the affidavit must also include a complete count of the average hours of service performed by all employees who are not classified as full-time employees under the ACA, for every month of the 12-month period prior to the date of the application; and either (2) an insurance broker’s certificate showing the Applicant provides of health insurance to its employees; or (3) a sworn affidavit by the owner(s), officer or individual with authority to bind the business attesting that the Applicant has provided its employees with 2 hours paid time off to obtain health insurance from another source, and employees have obtained health insurance from another source. (c) The County will advise each Applicant within 30 days after the receipt of an application if the application is not complete, along with information delineating the steps that Applicant must take to complete the application. Incomplete applications will not be processed. (d) The County will process an application to become a Certified Small Business with Health Insurance within 60 days after its receipt of a complete application. (e) The County may request clarification of information contained in the application at any time in the Certification process. The County will take into account any clarification made by an Applicant in response to the County’s request for clarification. (f) The Applicant must inform the County of any changed circumstances that may adversely affect its Certification during the application process. Failure to inform the County of any changed circumstances constitutes good cause for which the County may deny Certification. (g) The Director’s decision regarding Certification will be based on circumstances existing on the date of application, except where Applicant provides clarification pursuant to subsection (e) or informs the County of changed circumstances as provided in subsection (f). (a) The Director is authorized to approve or deny an application to become a Certified Small Business With Health Insurance. The Department of Health and Human Services (“DHHS”) will receive, review and evaluate all Certification applications. (b) The Director’s decision to approve or deny an Applicant’s Certification will be in writing. (1) If the Director denies Certification, the Director will state the specific reasons and will inform the Applicant of its appeal rights as provided by Montgomery County Code Section 11B-77(f). (2) If the Director approves Certification, the date of the written approval is the effective date on which the Applicant becomes a Certified Small Business With Health Insurance, for purposes of determining the Certification term. (3) The term of Certification is for 2 years from the date of the County’s written approval. The Certified Small Business with Health Insurance must submit a supplemental affidavit between March 15 and March 31 each year attesting to the fact that it continuously maintains the standards that formed the basis for its Certification during the Certification term. The Certified Small Business with Health Insurance must inform the County of any chanced circumstances that may adversely affect its Certification status. (a) After a business becomes certified, the County may initiate a Certification examination if it receives credible information that raises questions regarding the business’s Certification status. Upon completing the Certification examination, the County will issue a written decision regarding the status of the questioned Certified Small Business with Health Insurance. (b) The Director may suspend or revoke the Certification of a Certified Small Business with Health Insurance prior to the end of the Certification term in accordance with the procedures for notice and a hearing set forth by Montgomery County Code Section 11B-77(f). (c) After the effective date of suspension or revocation, a previously Certified Small Business with Health Insurance is no longer eligible to appear as certified in the Certified Small Business With Health Insurance database. A previously Certified business is obligated to fully perform any and all previously awarded contracts to the completion of the existing term of performance, unless the County terminates the contract for cause or convenience, or by mutual termination. (a) The Office of Procurement will state the Health Insurance Preference Law requirements in a Formal Solicitation governed by this regulation. (b) At the time of a bid or proposal submission, the offeror must submit a Small Business with Health Insurance Certification to be deemed eligible for a preference under this regulation. (c) The Office of Procurement will implement the “Health Insurance Evaluation Factors” for a Request for Proposal (RFP) and a “Percentage Price Preferences” for an Invitation for Bid (IFB) as follows: (1) Any offer made in response to an RFP by a responsible Certified Small Business with Health Insurance must receive a Health Insurance Evaluation Factor equal to 3% of the total points contained in the RFP’s evaluation criteria. (2) Any responsive bid to an IFB made by a responsible Certified Small Business with Health Insurance must receive a Percentage Price Preference equal to 3% of the bidder’s total price. In addition to that stated under County Law, or a particular contract, the following constitutes a material breach of contract: (a) any person or business who willfully makes a false statement to a County official or employee for the purpose of influencing the Certification status of a Small Business with Health Insurance; or (b) fraudulently obtains, attempts to obtain, or aid another person or business in fraudulently obtaining or attempting to obtain Certification as a Small Business with Health Insurance. Accordingly, upon the material breach of the contract described above, the County may then exercise any available remedy, including termination of the contract for default and revocation of Certification status.

This regulation establishes the rate at which inmates of the County Department of Correction and Rehabilitation are paid as compensation for their work in essential jobs, and for their participation in designated programs. Each inmate of the Montgomery County Detention Center who is assigned to work in an essential job, or who is assigned to participate in a program specified by the Director, will be paid at the rate of two dollars ($2.00) per day, for the actual days worked or for the actual days of successful participation in a program. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation is effective 30 calendar days after the deadline for comments published in the Montgomery County Register.

This regulation establishes the process for calculating the maximum fee, the collection process and factors for reduction of the fee. The fee is a sliding scale based on income. The weekender fee is set by the County based on the following costs incurred by the Department of Correction and Rehabilitation to provide food, lodging and clothing for an inmate: 1. Salaries for all Detention Center Staff. 2. Fringe Benefits for all Detention Center Staff. 3. Operational costs for the Detention Center (including food and clothing costs). 4. Indirect costs associated with Detention Center operations; a percentage of Detention Center salaries and benefits as set by the agreement between the County and Federal Government, and a similar percentage of costs for support from the Department of Correction and Rehabilitation's administrative office. 5. Equipment and building Depreciation. All costs and Average Daily Population figures are based on the Approved Budget, and the fee will be recalculated each August for application in the next Fiscal Year. The total daily cost of Detention Center operations will be divided by the average daily population to achieve the per diem cost. The offender will be sentenced by the Court to serve a set number of weekends. He/she will report to the Detention Center at least three (3) days prior to the start of the weekend sentence for an orientation and financial screening to determine the fee to be paid. The sliding scale will reflect the income levels at which fee reductions will be made. All daily fee figures will be rounded to the nearest dollar at the time of annual calculation. WEEKENDER FEE Fees will be collected at the time that the person enters the Detention Center. Failure to pay will be reported to the Courts for further judicial action. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. The regulation takes effect 30 calendar days after approval by the County Council. This regulation establishes the current fee schedule governing the payment of fees by weekend prisoners at the Detention Center. The "sliding scale" fee schedule is established under the authority of Montgomery County Code, Section 13-10A, and is calculated by application of the formula established in Executive Regulation 106-92. For the current fiscal year, the minimum fee will be $5.00 and the maximum fee has been calculated as $61.00. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation is effective thirty (30) calendar days after the deadline for comments published in the Montgomery County Register.

This regulation will eliminate the fee schedule to encourage participation for the program. Income Fee $0,000 - 9,999 $0.00 $10,000 - 11,999 $0.00 Income Fee $12,000 - 13,999 $0.00 $14,000 - 15,999 $0.00 $16,000 - 19,999 $0.00 $20,000 - or more $0.00 If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect after it is signed by the County Executive Except as provided below, for each visit by an inmate of the Montgomery County Detention Center, or a resident of the Montgomery County Pre-Release Center, to an institutional medical unit or noninstitutional physician, dentist, or optometrist, a fee of $4.00 shall be deducted from the inmate’s Inmate Refund Account, or from the resident’s Resident Account. No medical services will be withheld if the inmate/resident has no available funds in his or her institutional financial account when the inmate visits the institutional medical unit. A fee will not be deducted from the inmate/resident’s institutional financial account if an inmate’s visit to an institutional medical unit or a physician, dentist, or optometrist is: (1) Required as part of the intake process; (2) Required for an initial physical examination; (3) Due to a referral by a nurse or physician assistant; (4) Initiated, as a follow-up visit, by a medical professional from the Detention Center or Pre- Release Center; (5) Initiated by a medical or mental health staff member of the Detention Center or Pre-Release Center; or (6) Required for necessary treatment. The fees collected under this regulation shall be deposited in the general fund of the Montgomery County Government. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation is effective 30 calendar days after approval by the County Council. This regulation establishes a fee for participants in this program of ten percent (10%) of the participant’s gross earned income per month, up to a maximum of three hundred dollars ($300.00) per month. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect when the Council receives a copy of the regulation adopted by the County Executive.

This regulation will eliminate the fees to encourage greater participation: Income Fee $ 0,000 - $6,999 $0 $ 7,000 - $9,000 $0 $10,000 - or more $0 If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect after it is signed by the County Executive..

The Section of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities governing definitions is incorporated for the definitions of this regulation unless superseded or amended by the following definitions. Approving Authority - The Director or the Director's duly authorized representative. Bona Fide Nonprofit Organization - An organization having official documentation from the United States Internal Revenue Service or the Attorney General for the State of Maryland that the organization has current tax-exempt nonprofit status. County - Montgomery County. Critical Public Health Standard - Any requirement of these regulations which directly affects food service sanitation or personal hygiene. These requirements are in the areas of improper food-handling, storage, cooking, reheating, hot-holding, cooling, refrigeration, employee handwashing habits, food-handlers' health, or related equipment violations. Department - The Montgomery County Department of Health and Human Services. Detention Order - A written notification by the Director, to the person in charge of a food service facility, to hold or retain in a secured location, specific foods pending determination by the approving authority, that the food is not likely to cause a food-borne illness, or is not spoiled or adulterated. Director - The Director of the Montgomery County Department of Health and Human Services or the Director’s duly authorized representative. Distressed Food or Drink - Food or drink which has lost its label; which has been subjected to possible adulteration due to an accident, fire, flood, chemical contamination, adverse weather, or any other similar cause; or may have become unsafe or unsuitable for human consumption or use. Eating and Drinking Establishment - A food service facility. Excluded Organization - An excluded organization is a volunteer fire company or bona fide nonprofit fraternal, civic, war veterans, religious, charitable organization or corporation that prepares or serves only non-potentially hazardous food to the public, and prepares or serves this food or drink less than 4 days a week. Food-handler - A food service employee who performs activities that may result in the touching of food or drink during preparation, display, or service, for example, cooks, chefs, salad/sandwich makers, short-order cooks, bartenders, waitresses, or waiters. Food Service Facility - Any enterprise that prepares, serves, or sells food or drink for human consumption, on or off the premises, with or without charge. A food service facility includes the following types of facilities: 1. a restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, retail market, or retail bakery outlet; or 2. a food operation in an industry, institution, hospital, club, school, camp, church, catering kitchen, commissary, or a similar place in which food or drink is prepared for sale or for service on or off the premises. A food service facility does not include: 1. a kitchen in a private home where food is prepared at no charge for residents or guests in the home, for guests at a private social gathering or for members of a nonprofit organization, but not served to the public; or 2. a facility that is owned or operated by and inspected by the Federal government. Food Service Manager - An individual who is: 1. the licensee; 2. an employee assigned by the licensee to supervise or manage food-handling employees; or 3. an employee who otherwise has the authority, either personally or through others, to immediately enforce food protection, preparation, serving, storage, and display practices as well as good personal hygiene. Imminent Public Health Hazard - A condition within or adjacent to a food service facility which: 1. has or will likely cause the contamination of food; 2. has or will likely cause exposure of food to improper temperatures; 3. has or will likely prevent employees from properly washing their hands or using the toilet facilities; 4. has resulted in a heavy infestation by insects, rodents, or any animals capable of spreading a food-borne illness or otherwise posing a direct threat to the public health or welfare; or 5. has or will likely cause a direct threat to the public health or welfare. Itinerant Food Service Facility - A temporary or special food service facility that: 1. operates at a fixed location for a temporary period of time such as at a fair, carnival, public exhibition, construction project, recreational facility, or similar gathering; or 2. a mobile unit that travels from place to place. Each itinerant food service facility belongs to 1 of 4 classes. 1. Class I means a food service facility that operates from a fixed location or a mobile unit, handles, serves, or sells only sealed and prewrapped or prepackaged food or drink in the original sealed container or wrapping, but does not prepare, wrap, or package any food or drink on the premises or within the mobile unit. 2. Class II means a food service facility that operates from a fixed location, handles, serves, or sells food or drink other than in sealed containers or wrappings, or prepares, packages, or wraps any food or drink on the premises. 3. Class III means a food service facility that operates from a mobile unit, handles, serves, or sells food or drink other than in sealed containers or wrappings, or prepares, packages, or wraps any food or drink within the mobile unit. 4. Class IV means a food service facility that operates from a mobile unit, handles or sells only sealed, prewrapped, or prepackaged food or drink that is in the original sealed container or wrapping, but does not prepare, wrap, or package any food or drink within the mobile unit except coffee or tea. License - The authority to operate a food service facility or an itinerant food service facility in the County. Licensee - A person who is issued a license. Non-potentially Hazardous Food - Food that is fit for human consumption, and meets one or more of the following criteria: 1. is a hard-boiled, uncracked shell egg which has been air-cooled; 2. has a water activity (aw) value of 0.85 or less; 3. has a hydrogen ion concentration (pH) level of 4.6 or below; 4. is in an unopened hermetically sealed container which has been commercially processed to achieve and maintain sterility under conditions of nonrefrigerated storage and distribution; or 5. is a food for which laboratory evidence demonstrates that rapid and progressive growth of infectious and toxigenic microorganisms, the growth of Clostridium botulinum, or the production of pathogenic microbial toxins will not occur. Operating From a Fixed Location for a Temporary Period - The operation of a temporary food service facility at a fixed location for less than 90 days. This 90-day time period may be subject to variance at the discretion of the Director. The operation of a mobile food service facility or the relocating of a mobile food service facility to different sites does not mean operating for a temporary period of time. Person - Any individual, partnership, corporation, joint stock association, city, state, or government subdivision; and includes any trustee, receiver, assignee, or personal representative. Person in Charge - Food service manager. Potentially Hazardous Food - A natural or synthetic food or food ingredient which is: 1. capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, the growth of Clostridium botulinum, or the production of pathogenic microbial toxins; and 2. of animal origin and is raw or has been heat-treated, of plant origin and has been heat-treated, or raw seed sprouts. Special Food Service Facility - An itinerant food service facility. Temporary Food Service Facility - An itinerant food service facility. Temporary Period of Time - A period of time that is less than 90 days. The Sections of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities and the Maryland Department of Health’s standards for “Public Health Management of Food Service Employees” governing: food supplies, food protection, personnel, food equipment and utensils, sanitary facilities and control, other facilities and operations, special food service facilities, egg records, choking posters, plan review, priority assessment, hazard analysis, food-borne disease investigation and control, the sampling, detention, and condemnation of food, and Table I are incorporated as the construction and operating standards of this regulation unless superseded or amended by the following specific standards. A. Food Supplies 1. General All fruits, vegetables, or other foods that have become spoiled or adulterated, all refrozen food, and all previously frozen perishable foods that have been thawed and kept above 45°F. must be properly salvaged or destroyed. 2. Distressed Food or Drink a. All distressed food or drink must be properly salvaged at a plant under Federal, state, or local inspection or destroyed. b. All metal cans of food offered for sale or distribution must be free from penetrating rust, pitting, and dents, especially those located on the rim, end double seams, and side seams. Any cans showing surface rust must have their labels removed, be inspected, and destroyed if they contain pinholes. If salvageable, they must be cleaned and sanitized by a method approved by the Department before being relabeled with the correct product information. Leakers, springers, flippers, and swells must be deemed unfit for sale, distribution, or consumption of the contents of such cans. c. Containers, including metal and glass containers with press caps, screw caps, pull rings, or similar types of openings which have been in contact with water, liquid foam, or other adulterating substances as a result of fire fighting efforts, chemical spills, flooding, sewage backups, or other reasons, must be deemed unfit for sale, distribution, or consumption of the contents (i.e., nonsalvageable). When feasible, consideration may be given for the reconditioning of spirits by distillation. d. All metal containers of food, other than those mentioned in IIA3.c., that have been partially or totally submerged in water, liquid foam, or other adulterating substances as a result of fire fighting efforts, chemical spills, flooding, sewage backups, or other reasons, but whose integrity has not been compromised, nor would be compromised by reconditioning, must, after thorough cleaning, be subjected to a sanitizing rinse of 100 ppm free chlorine residual for a minimum time of 1 minute, or must be sanitized by another method approved by the Department. These containers must subsequently be treated to inhibit rust formation. e. When original labels are missing or illegible, food containers must be correctly relabeled or overlabeled. If a container of food is missing its label or mandatory information and cannot be identified to correctly relabel, it cannot be sold. f. All food containers that have been salvaged must be labeled to indicate that they have been salvaged. All salvaged food containers must be provided with labels meeting the requirements of the Maryland Food, Drug and Cosmetic Act or COMAR 10.15.03. B. Food Protection 1. Food or drink must not be stored, prepared, or displayed beneath overhead sewer or drain pipes unless such pipes are protected to prevent contamination of food, drink, or utensils by leakage or condensation. Newly constructed or remodeled facilities must be designed so that soil or drain pipes are not located over a good preparation, storage, display, or serving area. 2. All salad ingredients including unopened containers of commercially prepared food must be prechilled to 45°F. prior to opening. 3. The internal temperature of all potentially hazardous food must be kept at or below 45°F. or at or above 140°F. during storage, display, and transit. 4. All potentially hazardous food that is cooked and then refrigerated must be rapidly cooled to 45°F. To achieve this goal, one or more of the following procedures must be used: a. store this food under refrigeration, preferably in a walk-in unit, in uncovered, shallow pans with a maximum food depth of 3 inches; b. reduce the size of any solid pieces of food by slicing, cutting into smaller portions, or deboning before storing this food under refrigeration, preferably in a walk-in unit; c. put the container of food in an ice bath and stir it frequently; d. run potable water that is less then 70°F. over the product; e. add ice from an approved source to the product; or f. any other procedure that has been approved by the Director. 5. The time and temperature must be monitored during the cooling process for potentially hazardous food. If the cooling procedures listed in IIB.4. above are used, and they do not rapidly lower the temperature of the food to 45°F., the licensee must take whatever action(s) have been deemed appropriate by the Director to protect the health of the customers. C. Personnel Every person connected with a food service facility whose work brings them in contact with the production, handling, displaying, serving, or storing of food, drink, or utensils, must furnish all information, permit any physical examination and submit any laboratory specimens or test results that the Director may require for the purpose of determining their freedom from a communicable disease. The following are specific requirements: 1. a person who is a carrier of a food-borne disease, has knowingly been exposed to a food- borne disease, or who shows outward symptoms of an infection that could be spread by the contamination of food must not handle food, drink, or food preparation equipment or utensils unless approved for these duties by the Director; and 2. when required by the Director, results of an employee's tuberculosis test must be kept at the food service facility, and be available for inspection. D. Food Equipment and Utensils 1. All multi-use food-contact utensils must be thoroughly cleaned and sanitized after each use and following any interruption of operations during which contamination of the food-contact surface is likely to have occurred. 2. An approved dishwasher or a three-compartment sink of sufficient size to accommodate the largest utensil must be used to wash, rinse, and sanitize all multi-use, food-contact utensils. When a three-compartment sink is utilized, the first compartment is to be used to wash with hot soapy water, the second compartment to rinse with clean hot water, and the third compartment to subject the utensils to a sanitizing process. Two-compartment sinks and detergent sanitizers must not be used for manual utensil washing. When a hot water sanitizing dishwasher is used, the surface of the utensils being sanitized must reach 160°F. 3. An ammonium chloride solution 2 times the recommended minimum strength must not be used for sanitizing equipment that does not fit in a dishwasher or sink compartment. 4. Clean linen must not be stored in a toilet room. 5. Aisles or working spaces in food preparation and storage areas must be at least 36 inches wide. E. Sanitary Facilities and Control 1. Signs containing information on proper handwashing and control of food-borne diseases must be placed in each toilet room and at each handsink used by employees. 2. Restrooms must be provided on the premises for employees. Restrooms for food service facilities that are located in office buildings or food courts in a shopping mall must be located within a reasonable distance and accessible to employees and customers during all hours of operation. 3. If on-site consumption of food is permitted, at least one restroom must be available for customer use. Customers must not gain access to a restroom by entering the food preparation or storage areas. 4. Condensate from refrigeration equipment must drain to the outside of the unit and be disposed of in an open-site drain or flash evaporator pan. 5. Sinks designated for handwashing must be conveniently located, and no more than 25 feet from any food-handling work area. 6. A drain line from a wash compartment of a three-compartment sink may be directly connected to a grease interceptor. 7. All refuse receptacles must be washable and thoroughly cleaned when emptied. If properly lined, these receptacles must be cleaned as often as necessary. Refuse receptacles may be treated to prevent an insect or odor nuisance. F. Other Facilities and Operations 1. Floors subject to extreme heat must be resistant to peeling, cracking, and pitting. 2. Floors in nonrefrigerated, dry-storage areas must be nonabsorbent. 3. A covered juncture must be provided at all floor-wall intersections and at the base of equipment that is permanently floor mounted. 4. Acoustical ceiling material in food preparation and storage areas must be a light color and kept clean or replaced as necessary. 5. Exposed ceiling rafters and pipes in storage areas must be kept clean and must not become harborage areas for insects or rodents. 6. Walls in rooms where food or drink is stored or prepared must be finished in a light color, gloss or semi-gloss paint or other surface which is durable, washable and grease resistant. 7. Shatter-proof light bulbs or tubes may be used in place of light shields. 8. Ventilation - The minimum exhaust velocity at the edge of the cooking surface must be 50 feet per minute, and the air must be exhausted from within the hood. The criteria contained in the Montgomery County booklet "Planning to Sell Food?" is the guideline for ventilation systems installed in Montgomery County. A. License 1. Initial Food Service Facility License Application forms will be provided by the Department and must be submitted with 2 copies of the following: menu, food preparation flow diagrams, construction or renovation plans, and equipment specifications. This information must be submitted prior to the start of any construction or alterations, and should be submitted at least 30 days prior to the intended date of initiating construction or renovations or the transfer of ownership of a food service facility. Approval of this information by the Department must be issued before the start of construction or renovation. Construction plans are not required for an itinerant food service facility unless specified by the Department. 2. Renewal A renewal application for a food service facility license will be provided by the Department and must be submitted with the appropriate fee 60 days prior to the expiration of the existing license. B. Manager Certification 1. Initial Food Service Manager Certification Card a. Application forms for food service manager certification will be provided by the Department and must be presented in person by the applicant along with a recent photograph which when trimmed to a size of 2" by 2" clearly shows the applicant's face and one of the following: (1) a certificate from the Maryland Department of Health (MDH) indicating successful completion of a food service manager sanitation course; (2) a transcript or official grade notification from Montgomery College or other institution offering a food service sanitation course approved by MDH or other approving authority; or (3) other official, written documentation of passing a course approved by MDH or other approving authority. b. A wallet-sized photo identification card will be issued by the Department to each applicant upon presentation of acceptable documentation. c. To be recognized as a certified food service manager, an individual must have a valid certification card in their possession. d. County certification will remain valid for 3 years from completion of coursework, unless specified otherwise by the Department. e. The Department must draft a list of jurisdictions that the County has established reciprocity with in regards to food service manager certification. f. Individuals who do not hold current certification from a jurisdiction on the reciprocity list or do not have training credentials from a previously approved source must submit information to MDH or other approving authority concerning the individual or institution offering the course, a course outline, the number of classroom hours, credentials of the instructor, dates of attendance, official proof of successful completion, and any other information required by MDH or other approving authority. 2. Renewal a. Application forms for renewal of a food service manager certification card will be provided by the Department. Once the expiration date on a card has passed, the holder of the card will not be recognized as a certified food service manager. This individual may take the appropriate steps to renew their card with the Department within one year of this expiration date. After one year of the date of expiration, the card may not be renewed. b. The applicant must submit in person the appropriate form, their existing food service manager's certification card, and one of the following: (1) official, written documentation of successfully completing an approved recertification program; (2) proof of having, over the previous three-year period, personally provided to food handlers, a minimum of 24 hours of Department preapproved food service sanitation training; or (3) proof of having developed, in conjunction with a Department representative, food preparation flow diagrams for all menu items, and over the previous three-year period, conducted 18 bimonthly critical control point self-inspections. The Sections of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities, governing food service facility inspection parameters, frequency of evaluation and inspection, and time period for correction of violations are incorporated as the inspection standards unless superseded or amended by the following standards. The Director must inspect each food service facility in accordance with the requirements of Section 15-3 of Chapter 15, Montgomery County Code -Eating and Drinking Establishments. Inspections will be noted on a form approved by the Director. At a minimum, the form must identify the facility, the date of inspection, the ordinance title, the violations observed, any time frames for compliance, and provide for the signatures and title of the Director's representative and the person receiving a copy of the form. The Section of the Code of Maryland Regulations (COMAR) 10.15.03, Food Service Facilities, governing enforcement procedures are incorporated as the enforcement standards unless superseded or amended by the following standards. A. General The Montgomery County food service facility license may be temporarily suspended or permanently revoked by the Director for violation of Chapter 15, Montgomery County Code or these regulations. B. Suspension and Revocation Procedure The following are the procedures for the suspension or revocation and the summarial suspension of a food service facility license and an itinerant food service facility license for violation of public health standards. 1. Failure to Correct Violations of Public Health Standards Under these circumstances, the license may be suspended or revoked as provided in Section 15-16(a) of the Code. a. The notice of each violation order is in writing, includes time frames for compliance, and is hand delivered or mailed to the licensee, food service manager, or person in charge of the facility. b. The violations are not corrected within the time frames specified. c. At least one reinspection reveals these violations to be uncorrected. d. A second notice with time frames for compliance is issued to the licensee, food service manager, or person in charge specifying the repeated violations, the suspension and revocation authority in Section 15-16(a) of the Code, and the appeal rights of the licensee. e. The Director provides a reasonable and specific time and date for the licensee to attend a conference to review all notices and discuss failure to comply with the specified corrections. f. A second reinspection reveals that one or more previously noted violations has not been corrected. 2. Summary Suspension Under the following circumstances, a food service facility license and an itinerant food service facility license may be summarily suspended as provided in Section 15-16(b) of the Code. a. Non-compliance with any of the critical control point criteria. (1) The notice of each violation order is in writing, includes the time frames for compliance, and is hand delivered or mailed to the licensee, food service manager, or person in charge of the facility. (2) The written notice includes a statement which affords the licensee an opportunity to request a review of the inspection findings with the Director prior to the date of correction. (3) A reinspection reveals one or more violations of the sustained or revised orders to correct critical control points have not been corrected. b. Existence of an imminent public health hazard. When, in the judgment of the Director, a condition exists which represents an imminent public health hazard that can only be corrected or avoided by action which necessitates closing the facility, a written notice is to be issued to the licensee, food service manager, or person in charge directing that the facility be closed. 3. Notice of Appeals of Suspension or Revocation Orders The licensee, food service manager or person in charge must be notified that a suspension order may be appealed in writing to the County Board of Appeals within ten days of the action. Filing an appeal does not stay the action unless the Board of Appeals grants a stay upon application to the person filing the appeal. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect 30 days after approval by the County Council.

Type A facility license: Low Priority Food Service Facility. The Low Priority facilities sell mostly pre-packaged, non-potentially hazardous foods and are inspected once annually. $200.00 Type B facility license: Moderate Priority Food Service Facility. The Moderate Priority facilities prepare and sell open food products which pass through the temperature danger zone not more than one time before service. These facilities are mandated by Maryland State Law to be inspected twice annually. $375.00 Type C facility license: High Priority Food Service Facility. The High Priority facilities serve potentially hazardous food that is prepared a day or more in advance, or food preparation that requires the food to pass through the temperature danger zone two or more times before service. These facilities are mandated by Maryland State Law to be inspected three times annually. $525.00 Type D facility license: Non-profit charitable organization $100.00 Non-profit organization operating for 14 consecutive days or less selling potentially hazardous food $ 30.00 Non-profit organization operating for 14 consecutive days or less selling non-hazardous food $ 15.00 Type E facility license: Facilities other than non-profit charitable organizations also licensed as Hospitals, Care Homes, Private Schools. $130.00 Type F facility license: Mobile facilities or event series, seasonal or pool snack bar, operating for more than 14 days, but less than 90 total days a year, with the operating days to be printed on the license $175.00 Itinerants operating for profit for 14 consecutive days or less: Prepackaged non-hazardous products $ 40.00 Open or hazardous products $ 70.00 Additional license at same event for non-hazardous products $ 35.00 Montgomery County resident farmer Class I Itinerant with prepackaged, non-hazardous products $ 25.00* Montgomery County resident farmer roadside stand with prepackaged, non-hazardous products $ 25.00* Combined Montgomery County resident farmer Class I Itinerant and roadside stand with prepackaged, non-hazardous products $ 45.00* Montgomery County resident farmer as a Class I through IV with potentially hazardous products $ 50.00* Compliance reinspection for new and remodeled eating and drinking establishments during normal work hours $100.00 after normal work hours $150.00 Plan Review Type A facility: Low Priority $240.00 Type B facility: Moderate Priority $330.00 Type C facility: High Priority $600.00 Equipment Replacement $160.00 Mobile Itinerant $ 55.00 Duplicate license or certification $ 10.00 Food Service Manager Certification $ 50.00 Reinspection for reinstatement of a suspended license During normal work hours $100.00 After normal work hours $150.00 Additional charge for filing an annual renewal application after the license expires $100.00 Additional charge for filing an itinerant application for a special event less than 2 working days prior to the event. $ 30.00 *To qualify for the resident farmer fee, the applicant must be certified as an approved Montgomery County farming operation by the Montgomery County Office of Economic Development. This regulation takes effect on July 1, 2011.

Calorie - The energy content of food. The Calories may be expressed to the nearest 5 Calorie increment up to and including 50 Calories and the nearest 10 Calorie increment above 50 Calories. Calories From Fat - The Caloric content derived from the total fat. The Calories from fat may be expressed to the nearest 5 Calorie increment up to and including 50 Calories and the nearest 10 Calorie increment above 50 Calories. Chain Eating and Drinking Establishment - An eating and drinking establishment that has at least 20 locations in the United States, is not a grocery store, convenience store, or movie theater, and that: a. does business under the same trade name, regardless of the ownership of individual locations; and, b. offers substantially the same menu items. Cholesterol - a sterol or class of solid cyclic alcohol naturally found in animal tissue as expressed in milligrams to the nearest 5 milligram increment. Clearly and Conspicuously - Of a font type and size such that an average consumer may read the information when standing at the ordering counter or from a menu or food tag. The information must be easily located on the menu, menu board, self-service unit, or display case. Combination Meal - A standardized menu item that is comprised of two or more food items or provides a consumer the option of selecting two or more food items from a menu or menu board. Condiment - A sauce, sweetener, or seasoning that is not listed on a menu or menu board and is placed on a table or counter for general use or provided to the customer upon request without charge. Condiments include, but are not limited to, individual sugar packets, ketchup, mustard, hot sauce, salt, and pepper. Convenience Store - A retail business that primarily provides the consumer a convenient location to quickly purchase an item or items from a wide array of products that is not an eating and drinking establishment. Director - The Director of the Department of Health and Human Services or designated agents or designee. Eating and Drinking Establishments – Any enterprise that prepares, serves, or sells food or drink for human consumption, on or off the premises, with or without charge. A food service facility includes any restaurant, coffee shop, retail market, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, and any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp. Fiber - A non-digestible carbohydrate as expressed in grams. Food Tag - A label or sign that identifies any food item displayed for sale such as in a display case, salad bar, or buffet. Garnish - A food item that is not a condiment and that is placed on a plate or in a carryout container to adorn the menu item, improve the presentation, or to add flavoring to a menu item (such as a lemon). Grocery Store - A store primarily engaged in the retail sale of bakery products, canned foods, dry goods, fresh fruits and vegetables, fresh and prepared meats, seafood, and poultry, and nonfood grocery products. Menu Item - Standardized menu item. Menu or Menu Board - The primary writing of an eating and drinking establishment from which a consumer makes an order selection. A menu includes a take-out menu, table tent, wine or beverage lists or a placemat. Advertisements (such as coupons or window posters) are not included in the definition. Point of Ordering - That point at which a consumer orders food or drink from a menu or menu board, or selects a food or drink from a self-service unit or display case. Protein - Complex organic compounds comprised of a chain of amino acids as expressed in grams. Saturated Fat - The sum of all fatty acids containing no double bonds as expressed in grams. Self-Service - Where a consumer has the ability to directly obtain a menu item that is prepackaged or from a salad bar, cafeteria line, buffet, or beverage station without ordering from a menu or a menu board. Serving or Serving Size - The amount of food customarily consumed per eating occasion by persons 4 years of age or older which is expressed in a common household measure that is appropriate to the food. The serving size must be calculated according to applicable federal law. Single Menu Item - A food or drink as it is listed on a menu or menu board separate from any other menu item. Sodium - The amount of sodium chloride as expressed in milligrams to the nearest 5 milligram increment when the menu item contains 5 to 140 milligrams of sodium and to the nearest 10 milligram increment when the menu item contains greater than 140 milligrams. Standardized Menu Item - A food or drink item as usually prepared and offered for sale. A standardized menu item does not include a food or drink item that: a. appears on the menu for less than 60 cumulative days per calendar year; b. is not listed on a menu or menu board, including an item that is placed on a table or counter for general use without charge; c. is a test-market menu item that appears on the menu for less than 90 cumulative days per calendar year; or d. is a daily special. Sugars - a simple carbohydrate that is the sum of all free mono- and disaccharides as expressed in grams. Total Carbohydrates - Compounds of carbon, hydrogen, and oxygen as sugars, starches, and fiber. Total carbohydrate content shall be calculated by subtraction of the sum of protein, total fat, moisture, and ash from the total weight of the food and expressed in grams. Total Fat - The amount of total lipid fatty acids as expressed in grams of triglycerides. A. Applicability Under Chapter 15, Section 15-15A of the Montgomery County Code, 2014, as amended, chain eating and drinking establishments with at least 20 locations in the United States must post the Calories of each standardized menu item on the menu or menu board adjacent to the name of that item and provide additional written nutrition information to a consumer upon request. B. Exceptions This regulation does not apply to: 1. grocery stores; 2. convenience stores; 3. movie theaters; 4. condiments; 5. garnishes; or 6. self-serve pre-packaged items whose label already contains complete nutritional labeling. A. Calorie Labeling. An eating and drinking establishment must post the number of Calories (as “Calories” or other approved descriptive designation), calculated according to applicable federal law: 1. Menu and menu board. On all menus and menu boards adjacent to each menu item. 2. Self service and display cases: Per serving or per item on a food tag adjacent to each food or drink offered for sale. 3. Combination meals or menu items of differing flavors or variety: As a range of the minimum and maximum values of Calories for a menu item if listed as a single menu item and if: a. offered as a combination meal; b. offered in more than one flavor or variety. B. Required Statements: An eating and drinking establishment must post the following statements on each menu or menu board at the point of ordering and in accordance with Section IV(C) of these regulations: 1. A statement regarding the suggested daily Caloric intake as determined by the United States Department of Health and Human Services; and 2. A statement regarding the availability in writing and upon request of additional nutrition information as required in Section III(C). C. Additional Nutrition Information: 1. An eating and drinking establishment must make the following nutrition information for each menu item available in writing upon request: a. Calories; b. Calories from fat; c. total fat; d. saturated fat; e. cholesterol; f. sodium; g. total carbohydrates; h. sugars; i. fiber; and j. protein. 2. The additional nutrition information may be calculated according to the Code of Federal Regulations Titles 9 and 21 and any other applicable federal law, expressed in the increments indicated in section I and listed with an approved descriptive designation. Nutritional information may also be calculated using nutrient databases, laboratory analysis or other reliable verifiable means of analysis. 3. The additional nutrition information must be provided per serving or per menu item when obtained from a self-service unit or a display case. 4. The additional nutrition information must be provided as a range of the minimum and maximum values for each menu item if: a. listed as a single menu item and if offered as a combination meal; b. if substitution of one or more ingredients is permitted as so indicated on the menu; or, c. if offered in more than one flavor or variety. 5. Nutritional value increments may be rounded consistent with U.S. Food and Drug Administration Center for Food Safety and Applied Nutrition/Office of Nutrition, Labeling, and Dietary Supplements April 2008, Appendix H: Rounding the Values According to FDA Rounding Rules. A. The number or range of Calories must be clearly and conspicuously posted adjacent to each menu item so as to be clearly associated with that menu item. For menu items that are offered in a variety of sizes, the number or range of Calories must be posted for each size offered. For beverages, the number or range of Calories must be posted for a full serving without the addition of ice. B. The statements required in Section III(B) must be clearly and conspicuously posted on a menu and on a menu board. In the event multiple menu boards are installed in succession the required statements must be posted on at least one of the menu boards. In the event a menu item is obtained from a self-service unit or a display case and the item is not listed on a menu or menu board, the required statements must be posted at the self-service unit or display case. C. The additional nutrition information must be provided in a form that is clear and conspicuous, clearly associated with the food item, and easily accessible in writing to the consumer. D. Alcoholic Beverage 1. Food and Drink Establishments must provide nutritional labeling of alcoholic beverages listed on a menu or menu board. A separate wine or beverage list is considered a menu or menu board. An approved method for nutrition labeling of alcoholic beverages is to collectively label alcoholic beverages in a clear and prominent position using the average nutritional values for beers, wines and spirits. Nutritional labeling of alcoholic beverages collectively shall otherwise be in accordance with the provisions of these regulations. Food and Drink Establishments that collectively label alcoholic beverages shall use the following average nutritional values: a. wine - 5 ounces: 122 calories, 4 grams carbohydrate, 7 milligrams sodium; b. regular beer - 12 ounces: 153 calories, 13 grams carbohydrate, 14 milligrams sodium; c. light beer - 12 ounces: 103 calories, 6 grams carbohydrate, 14 milligrams sodium; and d. distilled spirits (80 proof gin, rum, vodka, or whiskey) - 1.5 ounces: 96 calories. A. When an eating and drinking establishment is inspected by the Director for compliance with Chapter 15 of the Montgomery County Code, 2014, as amended, the Director must verify that the information required in Sections III and IV of this regulation is available and properly posted. The owner, food service manager, or person in charge of an eating and drinking establishment must be given written notice of any violation, including time frames for compliance. B. The Director may request an establishment verify the accuracy of the information provided. The verification must be provided to the Director within 30 days of the date requested. C. The Director must investigate each complaint alleging a violation of this regulation and take appropriate action, including issuing a civil citation, when compliance cannot be otherwise obtained. D. Any violation of this regulation is a Class A civil violation. Each day a violation exists shall be considered a separate offense. The Director may suspend a license issued under Chapter 15 for up to three days if the Director finds that an owner has failed to correct all violations within the time frames established or knowingly and repeatedly violated this regulation.

A. Authority. In accordance with the authority conferred under Chapter 16, Article IV, Public Campaign Financing of the Montgomery County Code, the County Executive hereby promulgates this regulation to administer and implement the Public Election Fund (“Fund”) in Montgomery County, Maryland. B. Applicability. The Fund provides public campaign financing to a candidate for a County elective office. The legislation establishing the Fund regulates certain campaign finance activity of a candidate for County elective office who voluntarily accepts public campaign financing; authorizes the Maryland State Board of Elections (“Board”) to administer and enforce the public campaign financing system; and provides for penalties for violations of the public campaign financing system. For purposes of this regulation, the following words and phrases have the following meanings unless the context clearly indicated otherwise: A. Distribution period is the period during which the County distributes a public contribution from the Fund to a certified candidate and begins 365 days before the primary election and ends 30 days after the date of the general election. B. Interest on distributions returned to the Fund must be computed using the prime lending rate as of January 1 in the year in which the distribution is repaid to the Fund. The prime lending rate is published by the Federal Reserve Board and is the rate posted by a majority of top 25 insured U.S. chartered commercial banks. C. Notification period is the period during which the Board may notify the Director that a distribution must be made from the Fund to an eligible candidate and begins 365 days before the primary election and ends 10 days after the general election. D. Public Election Fund is administered by the Director of Finance (“Director”). E. Qualifying period is the period during which candidates may submit Receipts to become a certified candidate and begins on January 1 following the last election and ends 45 days before the date of the primary election. Receipts must be submitted to the Board with any regularly scheduled campaign finance report or may be submitted to the Board on the first and third Tuesday of each month during the Qualifying period, except if the required campaign finance report is due within 7 days prior to the first or third Tuesday. F. Receipts (“Receipts”) are a documented acknowledgment of a contribution that must identify the full name of the candidate for a County elective office, the contributor’s name and residential property address in Montgomery County, Maryland, amount of the contribution, date of receipt, and be signed by the contributor directly or by a digital signature using a method approved by the Board. G. Receipts submission period is the period during which certified candidates may submit receipts for qualifying contributions to receive public contributions from the Fund and begins 365 days before the primary election and ends the date of either the primary election or the general election. Receipts must be submitted to the Board with any regularly scheduled campaign finance report or may be submitted to the Board on the first and third Tuesday of each month during the Receipts submission period, except if the required campaign finance report is due within 7 days prior to the first or third Tuesday. A. Receipts for qualifying contributions from contributors must be submitted to the Board. B. Receipts must be submitted with a summary sheet made available by the Board that lists each receipt by contributor name, property address of the contributor, date of receipt, and amount of the contribution. The summary sheet must show the name of the candidate, elective office, date of submission to the Board, and both total number and total amount of Receipts. C. Receipts and accompanying summary sheet may be submitted either in person or electronically via the Board’s electronic submission platform. D. To qualify as a certified candidate, the submission of Receipts must show a sufficient number and aggregate amount of qualifying contributions based on the formula for the respective County elective office: County Executive and either At-Large or District County Councilmember. E. To qualify as a certified candidate, Receipts must be submitted during the qualifying period. F. For certified candidates, Receipts may only be submitted during the receipts submission period which begins 365 days before the primary election and ends the date of either the primary or the general election. A. All documents to determine certification of a participating candidate for a County elective office must be filed with the Board. B. Receipts must be the original signed documented acknowledgement of a contribution. A. The allowable uses of money in a publicly funded campaign account are limited to expenses directly related to election campaign related activities and incurred during the specific time period for either the primary or general election. B. Expenses incurred prior to the time that the candidate was certified by the Board as a participating candidate are not permissible and therefore not allowable uses of public funds. C. Prohibited expenses of public campaign funds include, but are not limited to, personal use or expenses related to holding office; paying for a personal endorsement; and paying late filing fees. D. Prohibited expenses include contributions to current or future candidates for any elective office different than the one the participating candidate is currently seeking, and contributions to any entity or organization, such as a political party. E. Under all circumstances pertaining to questions and disputes of permissible campaign expenditures, the Board determines which expenses are permissible and which expenses are not permissible, and that determination is final. F. Upon the Board’s determination that an expense is not permissible for campaign financing, the prohibited expense may not be paid by the participating candidate from the public campaign fund and, if already made, the public campaign fund must be repaid, with interest, within 10 business days from the date of notification by the Board. G. The participating candidate must submit documentation to the Board within 15 business days from the date of notification that the prohibited expense was repaid to the public campaign fund within the time required. H. As a final remedy, if the prohibited expense is not repaid to the public campaign fund within the required time, the Board shall notify the Director that, until further notice from the Board, no distributions from the Fund will be made to the participating candidate. I. If the Board’s decision regarding the prohibited expense is not accepted by the participating candidate and the public campaign fund is not repaid in full for the prohibited expense, the participating candidate must be de-certified by the Board as a participating candidate and all distributions made during either the primary or general election from the Fund must be repaid by the participating candidate within 30 days of notification by the Board. J. If, after de-certification of the participating candidate, the repayment of all distributions to the Fund is not made within 30 days of notification by the Board, the delinquency accrues interest charges as of the date of notification by the Board. After the certification of the results of a general election, the County Executive or their designee will perform an audit to ensure that all candidates that participated in the public campaign finance program, and receiving public funds in their publicly funded campaign accounts, were in compliance with Chapter 16, Article IV of the Montgomery County Code, as amended. A. The audit will only apply to candidates who filed an intent to participate in the program and filed for certification to become qualified to receive public contribution from the Fund. B. The audit must occur after the certification of the results of the general election. C. The results and findings of the audit must be sent to the Director and the Board before being posted to the program website or other public facing medium upon the conclusion of the audit. D. The audit of campaign account transactions will be performed on a sample basis for each publicly funded campaign account. The following types of transactions will be reviewed for compliance purposes: 1. Distributions of Public Contributions. For distribution of public contributions, the audit must verify that the contributions were: a. deposited into the candidate’s publicly funded campaign account for the amount authorized by the Board, and b. deposited during the distribution period while the candidate was in a contested election and within 3 business days after the Board authorized the public contribution. E. For all certified candidates, the audit must include a review of the candidate’s Board certification report to confirm that the candidate received the required number of qualifying contributions and the required aggregate total dollars in qualifying contributions for the office. F. For all participating candidates who filed for certification but did not receive it, the audit must include a review of the candidate’s Board certification report to confirm that the candidate did not receive the required number of qualifying contributions or the required aggregate total dollars in qualifying contributions for the office. G. The audit must verify that any unspent funds, other than funds retained for post-election expenses, are returned within 90 days after the County Board certifies the results of the election. Retained funds for post-election expenses must not exceed $10,000. In order to retain these funds in their campaign account, the candidate must file a new declaration of intent to participate in the public campaign financing system for the next 4-year election cycle by January 31 of the year after the election, and must keep the same campaign finance entity open during such time. H. Candidates will be allowed opportunity to respond or contest audit findings that are found during the audit. I. Penalties related to findings and violations as a result of these audit procedures will be handled under Article IV, Section 16-30 of the Montgomery County Code. A. Distributions from the Fund will be made only during the distribution period which begins 365 days before the primary election and ends 30 days after the date of the general election. B. The Board must notify the Director within 5 business days from the date that the Board determines that a participating candidate is no longer in a contested election due to the other candidate or all other candidates withdrawing from the election. C. A participating candidate who withdraws from an election must repay to the Director all distributions from the Fund received during the election cycle plus interest computed from the date of the distribution(s). D. If a participating candidate is no longer in a contested election, no further distributions to the participating candidate from the Fund can be made starting with the date the Board determined that there is no longer a contested election for that County elective office for either the primary or general election. Any distribution from the Fund that was made for a contribution after the Board determined that the election is no longer contested must be repaid by the participating candidate to the Director. E. Within 90 days after the County Board certifies the results of the general election, a participating candidate must repay to the Fund any unspent money in the candidate’s publicly funded campaign account. If a candidate does not repay the unspent money to the Fund as specified, the delinquency accrues interest charges from the date the County Board certified the results of the general election. F. A certified candidate who retains funds to participate in the public campaign financing system for the 4-year next election cycle but later withdraws from participating in the system must repay to the Fund in full the amount retained, together with the applicable interest established in this regulation If a participating candidate seeks a County elective office different from the one the candidate was certified for during the same election cycle, that candidate must withdraw from the election, must repay to the Director all distributions from the Fund received during the election cycle plus interest computed from the date of the distribution(s), and apply for certification by the Board for the new County elective office. The Board’s previously approved contributions for the County elective office from which the candidate has withdrawn can be used towards the certification for the new County elective office. G. The Board must determine the amount of a public contribution that each participating candidate is eligible for, based on the amount reflected on the Receipts as presented to the Board and the formula for the respective County elective office: County Executive and either At-Large or District County Councilmember. H. The Board must compute and authorize the amount of public contribution, notify the Director of the amount of public contribution for each participating candidate in writing, and the Director must process the authorized public contributions and deposit the amount into a participating candidate’s publicly funded campaign account within 3 business days from the date the Director receives notification that the Board authorized the public contribution if there are sufficient funds in the Fund for a full distribution. I. If the Director determines that there are insufficient funds in the Fund for the full distribution authorized by the Board, the Director must deposit the adjusted amount of authorized public contributions into a participating candidate’s publicly funded campaign account within 5 business days from the date the Director receives notification that the Board authorized the public contribution. J. Payments will be made as direct deposit to the candidate’s bank checking account through Automated Clearing House (ACH) and all candidates must furnish certain banking information to the Director at the time of filing notice of intent with the Board. K. The Director must process all authorized public contributions by date and in the order of the earliest date first to the latest date last and based on the date they were authorized by the Board. After the Director processed and deposited all authorized public contributions for the earliest date, the Director must process and deposit all authorized public contributions for any subsequent date authorized by the Board. L. The Board must not authorize the Director to distribute a public contribution from the Fund to a participating candidate that in aggregate would exceed the public contribution limit for either a primary or general election for that County elective office as authorized in Bill 16-14 and as amended by Bill 31-20 and Bill 20-24. M. In the event that the Board authorized and the Director distributed a public contribution that exceeded the public contribution limit for that County elective office, the Board must notify the participating candidate within 5 business days from the date of that determination in writing, and the participating candidate must repay the Fund within 5 business days from the date of the notification letter. N. If, after notification by the Board to the participating candidate of an erroneous public contribution, the amount is not repaid to the Fund within 5 business days, the delinquency accrues interest charges as of the date of notification by the Board. O. If the Director determined that the amount of the Fund is insufficient to distribute the public contributions authorized by the Board for that date, each public contribution to a participating candidate must be reduced by the same percentage of the total public contribution authorized by the Board on that date. P. After the Director determines that the Fund is insufficient to distribute any or all public contributions authorized by the Board, no subsequent claim may be made by a participating candidate based on a public contribution authorized by the Board on a date prior to the determination of Fund insufficiency but not received by the Director until after the date of determination of Fund insufficiency. Q. If the Director determined that the Fund has a zero balance, the Director must notify the County Executive, County Council President, and Board within 3 business days from the date of that determination. R. If the Director determined that the Fund has a zero balance but the Board determined that the public contribution limits for the respective County elective offices have not been reached, the Board may continue to authorize public contributions and notify the Director, and the Director must hold these authorized public contribution notifications until such time that the Fund has a balance greater than zero. At such time, the Director must process authorized public contributions in the following order: (1) in the event that a portion of previously authorized public contributions was not paid due to insufficient funds, and (2) authorized public contributions that were held must be processed by date and in the order of the earliest date first to the latest date last and based on the date they were authorized by the Board. S. If the Director determined that the Fund has a zero balance on the day following the end of the Distribution period, but holds authorized public contributions that were not processed due to insufficient funds, the Director must notify the Board detailing the amounts not paid by date authorized and by candidate. T. The Board, upon notification from the Director that certain authorized public contributions have not and will not be remitted to the public campaign funds and that the distribution period is closed, must notify the participating candidate(s) within 10 business days from the date of notification from the Director in writing. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation must be submitted to the Council and takes effect upon approval by the County Council.

Under the procedures authorized in Chapter 17, Sections 17-2 and 17-3, Regulations and Adoption of Basic Electrical Code, Montgomery County Code, as amended (the code), the following executive regulation applies to all electrical equipment, installations, and activities within Montgomery County. Unless otherwise noted, all references to the National Electrical Code (hereafter referred to as NEC) contained in this regulation are to the National Electrical Code (NFPA No. 70-2017), adopted by the National Fire Protection Association at its Association Technical meeting held June 13-16, 2016, in Las Vegas, NV. This regulation supersedes all previously promulgated references to the NEC. The 2017 NEC is adopted as the Electrical Code of Montgomery County, and all electrical installations and equipment must meet the standards and requirements set forth in that code or in this regulation. The 2017 NEC is incorporated by reference as if that code were fully set forth with the following additions, deletions, and amendments. Whenever the provisions of this regulation and those of the NEC are in conflict, the provisions of this regulation will govern and be enforced in the County. The Director is solely responsible for the interpretation of these regulations as amended. Add the following definition after the definition of "Appliance," as provided in Article 100: Appliance, Fixed: An appliance which is fastened or otherwise secured at a specific location. Amend the definition of "Building" as follows: Building: A structure which stands alone or which is separated from adjoining structures by fire walls conforming to the definition and requirements of ICC International Building Code for fire walls. Section 210.5(C). add the following to article: 210.5(C). Ungrounded Conductor. Where installed in raceways, as open work or as concealed knob-and-tube work. Ungrounded conductors must be identified by a color other than as specified in (A) or (B) above. All ungrounded conductors of the same color must be connected to the same ungrounded feeder conductor, and the conductors for systems of different voltages must be of different colors. Exception. As permitted in Section 200.7. For basic single- and three-phase wiring systems of 120/208/240 volts: 3-wire circuits must use 1 black, 1 white, and 1 red wire; 4-wire circuits must use 1 black, 1 white, 1 red, and 1 blue wire. For basic single- and three-phase wiring systems of 277/480 volts, the colors gray, brown, orange, and yellow must be used. Section 210.11. Add the following sentence: Each fixed appliance must be served by an individual branch circuit except for electric baseboard heaters, appurtenant equipment to furnaces, such as humidifiers and electronic air cleaners, and other equipment having motors rated ¼ hp or less. Section 210.19(A)(3). Delete and substitute the following: Section 210.19(A)(3). Each wall-mounted oven and each counter-mounted cooking unit must be served by an individual circuit of copper wire. The conductor size is based on 100 percent of the nameplate rating of the unit, but cannot be smaller than size No. 10. Section 210.52(A). Add the following new subsection: (5) General lighting branch circuits in dwellings must not have more than 12 power-consuming outlets. A duplex receptacle is considered to be one outlet. Smoke detectors are not considered power-consuming devices for counting purposes. Section 210.52(B). Add the following as the first paragraph: A general appliance branch circuit in a dwelling must not have more than eight receptacle outlets. A duplex receptacle is considered to be one outlet. Section 210.52(E)(1). Add the following sentence: When an addition is made to an existing dwelling which has no outside ground- fault circuit-interrupter (GFCI) receptacle, a GFCI protected receptacle, accessible at grade level, must be installed on the outside of the new addition. Section 210.52(E)(3). Balconies, Decks, and Porches. Add the following paragraph at the end: If altered, existing balconies, decks, and porches that are attached to the dwelling unit, accessible from inside the dwelling unit, and greater than 20 square feet, must have at least one receptacle outlet accessible from the balcony, deck, or porch. Section 230.70(A)(1). Add the following: In new buildings without direct grade access to the Main Building Electrical Equipment, excluding one and two-family dwellings, a shunt trip to disconnect the electrical service to the building must be provided as follows: (a) In the Fire Command Center, where a Fire Command Center is in the building. (b) At the fire alarm annunciator, where there is no Fire Command Center. (c) In an appropriately sized and weatherproof fire department access box on the address side of the building, where there is no fire alarm annunciator or Fire Command Center. In existing buildings, excluding one and two-family dwellings, where there are significant upgrades to the building electrical service, such as modifying or replacing the switchgear, a disconnecting means must be provided as for new installations. Section 250.50. Add the following text as the first and second sentence to Section 250.50: All new structures, both residential and commercial, require a concrete encased electrode to be used as the principle grounding element. The concrete encased electrode must be installed under Section 250.52(A)(3) and the reinforcing rods or copper conductors or both utilized in the installation require a minimum of 0.61 mm (2 feet) of accessible length after installation. Section 310.15(B) Tables. Delete the first sentence and substitute with the following: The minimum size of conductors must be as shown in Table 310.15(B)(16) through Table 310.15(B)(19), as modified by Table 310.15(B)(1) through (B)(7), except that the minimum size of aluminum and copper-clad aluminum conductors must be No. 2. The use of aluminum conductors is limited to service entrance and feeder applications only. Section 410.36(B). Delete and substitute the following: Suspended Ceilings. All fixtures installed in suspended ceilings must be supported from the building structure directly. If wire is used for this purpose, no less than 2 separate wires of size No. 12 (or larger) steel must be used. These wires must extend from opposite corners of the fixture with each wire independently attached to the building structure. Exception: If the fixture is circular, and not more than 24 inches in diameter, at least one wire of No. 12 steel or larger must be used to support the fixture. Section 440.62(C). Delete and substitute the following: Each individual room air-conditioning unit, regardless of its current rating, must be served by an individual circuit of not less than No. 12 copper wire, and must terminate in a single receptacle. Section 700.18. Add two new paragraphs as follows: Any building in which standpipes are installed must have one 30-ampere, 120- volt circuit installed for each standpipe riser, supplied from the legally required stand by system. The wiring method for exposed work must be galvanized, threaded metal conduit. Boxes must be metal, weatherproof types with gasketed flap-door covers and threaded hubs. The wiring method for concealed work must be metal conduit with appropriate galvanized boxes having gasketed flap-door covers suitable for fire department use. The weatherproof cover must be suitable for receiving the L5-20R NEMA type twist-lock receptacle without damage (e.g., Bell #128-226 cover or equivalent). Supply wiring must be at least 75 degrees C-type wire. One single 20-ampere three-wire twistlock receptacle (NEMA L5-20R) must be installed at least as high as, and with a 2-feet offset from EACH HOSE VALVE CONNECTION. Each outlet box must be painted “fire-alarm red” in color and be marked “Only for Fire Department Use.” Electrical Maintenance Inspection Required All commercially owned and occupied buildings or structures as defined in the International Energy Conservation Code must have a Maintenance Inspection of the Electrical Service Equipment every three (3) calendar years. The Maintenance Inspection must include Main Building Electrical Equipment such as all switchgear, bus duct, and feeders that supply power to the structure, and must be performed by a Master Electrician licensed by Montgomery County. The Master Electrician must promptly prepare a written Maintenance Inspection report, identifying the equipment inspected and the condition to be corrected or repaired, and deliver a copy to the Building Owner within 10-days of the date of inspection. Any deficiencies in the Electrical Service Equipment must be corrected or repaired within 60 days of receipt of the Maintenance Inspection report. A copy of the Maintenance Inspection report must be made available to the Department of Permitting Services upon request. The provisions of this regulation are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

A. Authority. In accordance with the authority conferred under Chapter 18A, Section 18A-11, of the Montgomery County Code, 2004, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to financial rewards provided by Montgomery County to consumers who choose electricity produced by renewable sources. B. Applicability. This regulation applies to eligible clean energy sold by clean energy suppliers, eligible electricity produced by on-site generators, and eligible Renewable Energy Certificates. For purposes of this regulation, the following words and phrases have the following meanings unless the context clearly indicates otherwise: A. Director - The Director of the Department of Environmental Protection or the Director’s designee. B. Director of Finance - the Director of the Department of Finance or the Director’s designee. C. Clean Energy Supplier - An entity that sells clean energy, or Renewable Energy Certificates. D. Clean Energy - Electricity that is generated within the United States from eligible renewable energy sources, or represented by Renewable Energy Certificates. E. Consumer - Any individual or entity in the County, except a governmental entity, that purchases or uses clean energy. F. Department - The Department of Environmental Protection. G. Eligible clean energy cap - The maximum amount of clean energy that is eligible for incentive payments under the Program, as set by Council resolution. H. Eligible renewable energy sources - Technologies that use wind, solar, methane from the anaerobic decomposition of organic materials in a landfill or wastewater treatment plant, and biomass as defined as a Tier 1 renewable source in the Maryland Code, Public Utility Company Article, § 7-703 (see: Maryland Renewable Energy Portfolio Standard) to generate electricity and are located within the United States. I. Eligible tracking systems - Databases within each RTO/ISO or developed nationally to monitor the generation and retirement of RECs within the United States. The systems are: WREGIS, ERCOT, NEPOOL-GIS, M-RETS, PJM-GATS, and the North American Renewable Registry, or a comparable system authorized by the Director. J. Environmental Information Label - A document detailing product information including fuel mix and emissions, produced twice a year by every electricity supplier doing business in Maryland, as required by the Electric Consumer Choice and Competition Act of 1999 (Maryland Code, Public Utility Companies Article, §§ 7-501 et seq.). K. Incentive rate - The clean energy incentive rate set by Council resolution. L. Minimum clean energy requirement - The minimum percentage of clean energy that a consumer must purchase or generate to be eligible to participate in the Program, as set by Council resolution. M. On-site generator - A consumer that utilizes an eligible renewable energy source to generate electricity at a location within the county. N. Program - The Montgomery County Clean Energy Rewards Program. O. Renewable Energy Certificate or Credit, or “REC” - A clean energy product sold by a clean energy generator that represents the market value of the environmental attributes of eligible clean energy generation within the United States. P. Maryland Renewable Energy Portfolio Standard or “RPS” - The renewable energy portfolio standard that electricity suppliers doing business in Maryland are required to satisfy under Maryland Code, Public Utility Company Article, § 7-703. Q. Regional Transmission Operator/Independent System Operator, or “RTO/ISO” - Third-party oversight organizations developed to monitor and track the generation and transmission of electricity within a specific region. There is hereby established a Clean Energy Rewards Program under which the County will provide financial incentives to encourage consumers throughout Montgomery County to choose electricity produced by eligible renewable energy sources. The financial incentives will be in the form of incentive payments made available to consumers through their clean energy suppliers, or delivered directly to on-site generators. A. In order for a consumer to qualify for incentive payments under the Program, the electricity used by the consumer must be certified by the Director as being: (1) Generated using eligible renewable energy sources; (2) Generated within the United States; and (3) Registered and tracked in an eligible tracking system; or (4) Generated by an on-site generator using an eligible renewable energy source. B. The Director must develop clean energy certification procedures for electricity and on-site generators. C. Consistent with Maryland Code, Public Utility Company Article, § 7-703, a clean energy product marketed and sold to a consumer under the Program may not be counted towards a supplier’s RPS requirement for any year, or supplant clean energy purchased to comply with other states’ or federal laws. D. To obtain certification for electricity produced by an on-site generator, the end user must provide system documentation for use in estimating the amount of kWh generated during a given time period. The Director reserves the right to estimate the amount of kWh generated during a given period using a methodology that the Department finds reliable. A. In order to be eligible to participate in this program, a consumer must be an end-user of electricity delivered to a metered location within Montgomery County, or operate an on-site generation system utilizing eligible renewable energy sources within Montgomery County. B. A consumer may not participate in the Program unless the consumer meets the minimum clean energy requirement. For the purpose of determining whether a consumer meets the minimum clean energy requirement, the Director must consider electricity or RECs generated from a clean energy supplier purchased by the consumer, or electricity produced by an on- site generator. C. The eligible clean energy cap applies to all consumers. D. Only individuals and non-governmental entities are eligible to participate in the Program. A. An electricity supplier may apply to have a clean energy product certified by submitting an application to the Department in a form prescribed by the Director. After receiving the application, the Director, in consultation with the Director of Finance and the supplier, must develop a schedule for incentive payments from the County to the supplier for distribution to the supplier’s eligible customers. The Director must complete a review of any application submitted under this subsection and approve or disapprove certification within 30 days after receiving the application. B. Products that the Director has certified as eligible may be marketed to consumer as qualifying for an incentive payment under the Program. C. Any clean energy supplier that participates in the Program must maintain a record of all clean energy products sales to Montgomery County consumers and submit quarterly reports to the Department documenting the types of clean energy product sales that are eligible for incentive payments and the dollar amount of those sales. A. A clean energy supplier must request payment from the Department for an amount equal to the aggregate eligible incentive payment for clean energy sales in a form prescribed by the Director and in accordance with a predetermined schedule. B. If the Director determines that the supplier is entitled to receive payment under the Program, the Director must forward the request with an authorization for payment to the Department of Finance. After receiving the Director’s authorization the Director of Finance must disburse the requested funds to the supplier. The following formulas will be used to calculate incentives for eligible consumers. Formula 1: Consumer meets the minimum clean energy requirement solely with electricity purchased from a clean energy supplier Incentive Rate x Total Clean Energy Consumption in kWh pre-determined time frame Eligible clean energy cap x (% Clean Energy/100) = Clean Energy Incentive Payment Example calculation: $0.005/kWh x 3,000 kWh/quarter x (100/100) = $15.00/quarter Formula 2: Consumer meets the minimum clean energy requirement solely by purchasing Renewable Energy Credits (RECs) Incentive Rate x RECs purchases (kWh equivalent) pre-determined time frame Eligible clean energy cap = Clean Energy Incentive Payment Example calculation: $0.005/kWh x 3,000 kWh/quarter = $15.00/quarter Formula 3: Consumer meets the minimum clean energy requirement with electricity purchased from a clean energy supplier and the purchase of RECs Formula 1 purchased from clean energy supplier + Formula 2 renewable energy credits = Clean Energy Incentive Payment Formula 4: Consumer meets the minimum clean energy requirement solely with electricity produced by an on-site generator Incentive Rate x Energy Generated On-site (kWh) pre-determined time-frame Eligible clean energy cap = Clean Energy Incentive Payment Formula 5: Consumer meets the minimum clean energy requirement with electricity produced by an on-site generator and purchased from a clean energy supplier Formula 4 on-site generation + Formula 1 purchased from clean energy supplier = Clean Energy Incentive Payment Formula 6: Consumer meets the minimum clean energy requirement with electricity produced by an on-site generator and the purchase of RECs Formula 4 on-site generation + Formula 2 renewable energy credits = Clean Energy Incentive Payment C. A supplier must dedicate all funds received from the County under the Program to providing incentive payments to its eligible clean energy customers. A supplier must not retain any portion of the incentive payments disbursed by the County for administrative or operational expenses. A. Electricity suppliers that market their products as eligible to qualify for incentive payments to consumers under the Program must include a statement in their marketing materials that the Program is provided by Montgomery County to Montgomery County consumers. The suppliers must provide copies of all marketing materials and announcements to the Department for review and approval. The Department will provide any comments or revisions to the electricity supplier within two business days. B. All participating clean energy suppliers must provide to the Department an Environmental Information Label for each clean energy product marketed under the Program. The Environmental Information Labels must satisfy the requirements for disclosure of environmental emissions and generation mix established by the Maryland Public Service Commission. C. The Department must undertake public education and outreach efforts that inform County residents and businesses about the Program, provide education on the types of clean energy products that are available, explain the environmental benefits of clean energy, and provide special recognition to businesses that purchase or generate clean energy under the Program. The Director may publicly disseminate the information contained in the suppliers’ Environmental Information Labels for eligible clean energy products. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect 30 days after approval by the County Council

A. Authority. In accordance with the authority conferred under Chapter 18A, Article 4, of the Montgomery County Code, 2004, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to the administration of the Home Energy Loan Program (hereinafter referred to as the “Program” or “HELP”). The Program provides loans to homeowners, re-paid through the property-tax bill, for energy efficiency and renewable energy improvements. B. Applicability. This regulation applies to the administration of the Program by the County Government and participation in the program by consumers, auditors, and contractors. For purposes of this regulation, the following words and phrases have the following meanings unless the context clearly indicates otherwise: 1. Amortization Period - The period over which a HELP loan is repaid to the County by a borrower. 2. Annual Real Property Tax Bill - The annual real property consolidated tax bill that the County mails each year to property owners in the County. 3. Annual Tax Lien Sale - A sale of real property tax liens that the County conducts on the second Monday of each June to recover amounts owed to the County in delinquent taxes and charges on real property. 4. Applicant - An owner of a residential property in the County who submits a HELP loan application to the Department of Finance, the Department of Environmental Protection or their designee. 5. Assessed Value - The full cash value as indicated on the most recent assessment notice from the Maryland Department of Assessments and Taxation. 6. Borrower - An applicant who has received a HELP loan. 7. Contractor - An individual or business entity meeting the program requirements established by the Department of Environmental Protection to perform work associated with energy audits and energy related home improvements. 8. Cost-Effectiveness - The maximum estimated amount of time it takes for an energy efficiency improvement to pay for itself through reduced energy costs (the “payback” period), as determined by the Department of Environmental Protection. 9. County - Montgomery County, Maryland. 10. Department - The Department of Environmental Protection or DEP. 11. Director - The Director of the Department of Environmental Protection or the Director’s designee. 12. Director of Finance - The Director of the Department of Finance or the Director’s designee. 13. Energy Auditor - An individual or company that: (a) is a participating auditor with the Maryland Home Performance with ENERGY STAR Program; (b) is participating in a utility sponsored Home Performance with ENERGY STAR Program; or (c) meets any other equivalent requirements approved by the Director as published in the Program Plan. 14. Eligible Cost - The cost of buying and installing an energy efficiency improvement or renewable energy device, including any part, component, or accessory necessary to operate the improvement or device, less any amount received from a public or private program because the improvement or device is or will be made or installed. 15. Energy Efficiency Improvement - A cost-effective improvement to an existing single family home that reduces the home’s energy consumption and cannot be readily removed as defined in Section 18A-24 of the County Code. 16. ENERGY STAR Rating - The ENERGY STAR rating developed by the U.S. Environmental Protection Agency (EPA) which rates a product’s energy efficiency and other factors. 17. Environmental Attributes - Environmental benefits for which there are accessible and quantifiable markets. Environmental attributes include renewable energy certificates (RECS) and carbon offsets. 18. Fundamental Health and Safety Remediation or FHSR - means improvements necessary to remedy health or safety issues that may be exacerbated by energy efficiency or renewable energy improvements (e.g., moisture mitigation); or alternatively, measures necessary to ensure the fundamental function of the improvement. 19. Home Energy Audit - An evaluation of the energy efficiency of a home which includes any test or diagnostic measurement conducted by a registered energy auditor that the Department finds necessary to: (a) assure that a home’s energy efficiency is accurately measured; and (b) identify cost-effective steps that can be taken or improve a home’s energy efficiency. 20. Home Energy Loan Fund or Fund - The fund established under Section 18A-30 of the County Code to provide funding for the Home Energy Loan Program. 21. Home Energy Loan Program (HELP or Program) - The program established under Section 19A-25 of the County Code to assist single-family homeowners to make energy efficiency improvements or install a renewable energy device; establish a loan fund to provide homeowners loans under the Program; and generally amend the environmental sustainability law. 22. Home Energy Yardstick - The U.S. Environmental Protection Agency’s ENERGY STAR Program tool for assessing the relative performance of existing homes. 23. Home Performance with ENERGY STAR or HPwES - The energy audit and quality assurance program offered through the EPA and delivered through local program sponsors that recruit and train home improvement contractors and consultants that are qualified to perform comprehensive energy audits. 24. Home Performance with ENERGY STAR Sponsor ro HPwES Sponsor - A non-profit organization, state or local government, or utility that signed a partnership agreement with the EPA to administer an HPwES program. 25. Program Plan - The fundamental operating manual developed by the Director outlining the Program’s administrative, marketing, education and outreach components. 26. Property Owner or Homeowner - The person who is listed on the County’s tax records as the owner of the property where the energy improvements will be installed. 27. Renewable Energy - Energy derived from solar, wind, geothermal, and any other energy source or technology which the Director finds is derived from natural processes that do not involve the consumption of exhaustible resources, and is specified by the U.S. Department of Energy (DOE), EPA, or Maryland Energy Administration (MEA). 28. Renewable Energy Measure or Device - A measure that: (a) converts, or actively uses renewable energy; (b) is permanently installed on the home or property; and (c) meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device, if these standards are available. 29. Renewable Energy Product Provider - A specialized contractor installing technologies and products that use renewable energy. 30. Single Family Home - A single family detached or attached residential building. A single family home includes a condominium. 31. Test-out - A series of diagnostic tests and post-installation quality control and assurance inspections required by the EPA or HPwES sponsor to verify the quality of workmanship, and performed by an energy auditor. There is a Home Energy Loan Program (HELP) under which the County encourages energy conservation and the use of clean energy by making loans available to residential property owners interested in making energy efficiency and renewable energy improvements to their homes. The loans finance a package of improvements, adhere to defined cost-effectiveness criteria, and are approved based on the results and recommendations of an energy audit. The loans must be repaid through the County real property tax bill for the home of the borrower. The Program provides loans to fund cost-effective energy efficiency and renewable energy improvements to single family homes within the County. Renewable energy installations that do not satisfy cost-effectiveness criteria may be funded through HELP loans in concert with energy efficiency improvements that collectively achieve a prescribed minimum level of performance. A. An energy efficiency improvement or renewable energy measure will be deemed cost- effective if the sum of projected energy cost savings resulting from the improvement or measure is equal to or greater than the sum of principal and interest payments, assuming the entire project is financed, over a 15 year amortization period at the interest rate in effect at the time of application. Cost-effectiveness will be determined as follows: (1) Projected energy savings will be calculated based on the energy cost savings identified by an energy auditor, using a broadly accepted software package, or estimates by a renewable energy product provider, using a broadly accepted renewable energy calculator. Energy cost savings must be calculated using energy costs, provided by the Director, based on applicable tariffs and other commonly available energy cost information and published periodically in the Program Plan or provided by a widely accepted source (e.g., DOE). (2) For the purposes of calculating cost effectiveness, principal and interest of the estimated loan amount will be based on the total projected costs of the energy- efficiency improvement or renewable energy measure as estimated by the auditor, contractor, or renewable energy product provider and included in the loan application by the homeowner. Total projected costs must not include the items indicated in paragraph 5. (3) Projected project costs will consist of all necessary labor, services, materials and equipment costs necessary to install the improvement or measure for which the loan was approved. (4) Projected project costs may be reduced to represent the net cost including all incentives which the applicant is eligible to receive. (5) The calculation of project cost-effectiveness will not include the following: (a) FHSR necessary to ensure well-being or effective deployment of the measure (e.g., combustion safety improvements); (b) cost of the energy-audit and test-out; (c) loan origination and application fees; (d) funds contributed by the homeowner to reduce the cost of the financed package; (e) property tax credits provided by Montgomery County; or (f) proceeds from the sale of environmental attributes. B. Fundamental Health and Safety Remediation (FHSR). (1) Applicants may receive additional loan funds, which will not be included in cost-effectiveness calculations, of up to 10 percent of the energy efficiency or renewable energy project costs not to exceed $1,500 for FHSR. The total loan must not exceed the cap specified in Section VIII (C) of this regulation. (2) The loan for FHSR must only be authorized in connection with an energy efficiency improvement or renewable energy measure. The additional loan funds may only be used to remediate a structural, mechanical, electrical or other issue that directly jeopardizes the well being of building occupants, quality of the indoor environment, or the durability or longevity of the structure. (3) Loan applications requesting FHSR must be signed by the applicable contractor or auditor specifying or performing the work, describing the reason why FHSR is required to properly install the energy-efficiency or renewable energy improvement. C. An applicant for a loan to finance energy efficiency improvements and renewable energy measures must satisfy the following requirements: (1) The applicant must have commissioned and received the final report from an energy auditor. (2) The proposed improvements or measures must be identified in the applicant’s home energy audit. (3) Improvements that are fundamentally dependent on another improvement identified in the home energy audit report must be combined. These specifically include: (a) Insulation and comprehensive air-sealing where needed; (b) Heating, ventilating, and air conditioning (HVAC) unit replacement and duct sealing where needed; or (c) Other devices where significant evidence exists that coupled performance improves overall cost-effectiveness, as defined in the Program Plan. (4) The applicant must have obtained a cost proposal for the energy efficiency improvement or renewable energy measure from the contractor or renewable energy project provider that will be responsible for installing the improvement. (5) In cases where FHSR is required, the applicant must provide cost estimates and the cost cannot exceed the criteria established in subsection (B). D. Renewable energy measures that do not meet the requirements of subsections (A) and (C) may also qualify for a loan if: (1) The single-family home where the renewable energy measure to be installed has already achieved a prerequisite level of energy efficiency, equivalent to a score of 7.5 using the ENERGY STAR Home Energy Yard Stick as calculated by the applicant’s energy auditor, or equivalent methodology approved by the Director; (2) The proposed renewable energy measure is part of a package of energy efficiency improvements that collectively meet the cost-effectiveness requirements established in subsection (A); or (3) The proposed renewable energy measure is part of a package of energy efficiency improvements projected, as calculated by the applicant’s energy auditor, to elevate the home to a score of 7.5 on the ENERGY STAR Home Energy Yard Stick or that result in at least a 25 percent improvement in the energy performance of the applicant’s home. E. Specialized systems, may qualify if they meet the following requirements. (1) In the case of wind energy systems, the application must include an analysis and site plan by the renewable energy project provider or consultant estimating the annual generation of the system based on the characteristics of the site and specified turbine, or equivalent as defined by the Director in the Program Plan. (2) Solar water hearing systems application must be certified by the Solar Rating Certification Corporation, or equivalent as defined by the Director in the Program Plan. (3) Wood, pellet, or biomass heating systems must meet Washington State emission standards, codified at Wash. Admin. Code Sections 173-433-100 and 173-433-130, and be included on that state’s approved list of stoves, or equivalent as defined by the Director in the Program Plan. (4) Specifications and requirements for renewable energy systems not included in this regulation must meet the requirements specified by the Director in the Program Plan. All eligible homes must be located within Montgomery County. Properties eligible for a HELP loan include both existing attached and detached single family homes and condominium units. If the property for which the loan is requested is a condominium, the work to be performed must be limited to the parts of the building that are under the exclusive control of the property owner. All applications for loans for energy efficiency improvements and renewable energy measures must include a comprehensive home energy audit. The home energy audit must satisfy the following requirements: A. Audits must be based on the HPwES process developed, promoted and monitored by the U.S. Environmental Protection Agency’s ENERGY STAR Program. (1) Auditors providing services must be registered energy auditors as defined in Section VII of these regulations and the Program Plan. (2) Home energy audits must be based on the Building Performance Institute’s (BPI) audit requirements as included in the certification program for building analysts. Auditors must remain current in their skills as required under both the federal HPwES program and its state-level counterpart implemented by MEA. Auditors and contractors must comply with standards adopted by EPA, MEA, or the HPwES sponsor within one year after adoption. The Director may amend requirements where MEA, HPwES sponsor or EPA standards are inconsistent. (3) Alternatives to BPI certification may be accepted, if they are deemed equivalent by the EPA under the HPwES program, and accepted by the applicable HPwES sponsor. (4) Audit analysis must be conducted using software accepted by HPwES. (5) A formal test-out procedure, including application of a blower door test, must be conducted by the energy auditor after the installation of energy efficiency improvements. (6) In the case of a lapse in both the MEA’s HPwES program and utility sponsorship of HPwES programs, the Director will recommend whether the County should engage in a HPwES sponsorship as a local government. B. In order for the home energy audit to be eligible for the Program, it must comply with HPwES requirements and must also: (1) Identify a package of cost-effective energy efficiency improvements or renewable energy measures that meet the requirements of subsection (A) and, at the request of the applicant, identify a package of cost-effective energy efficiency improvements or renewable energy measures that are projected to yield annual energy savings greater than the annual principal and interest payment for the improvements; (2) Provide projected energy savings from energy efficiency improvements or renewable energy measures to be financed under the program; (3) Address all major fuel sources used in the home; (4) Identify any public or private financing mechanism that can be used to implement energy efficiency improvements or renewable energy measures (e.g., property tax credits, federal tax credits, and utility inicentives); (5) Include, or link to, program application and educational materials; (6) Disclose any business relationship where an auditor specifies a contractor, manufacturer, vendor or service provider; and (7) Adhere to any additional requirements identified in the Program Plan. C. An applicant may utilize an audit performed within the 12 months preceding the effective date of this regulation if the audit satisfies all the requirements of subsection (A) and (B). A. In order to deliver services to homeowners under the Program, all auditors, contractors, and renewable energy product providers must register with the County or its designee, and agree to the requirements in Section VI(B) as defined in the Program Plan. B. Energy auditors must: (1) Use the cost-effectiveness calculations and methods identified in Section IV(D) of this regulation; (2) Deliver audits adhering to the requirements of Section VI; (3) Adhere to Program marketing and customer education requirements developed by the County and published in the Program Plan; (4) Agree to provide a test-out, including all diagnostics prescribed by the HPwES program, within 14 days after receiving a request from the consumer; and (5) Adhere to all other requirements and conditions specified by the Director in the Program Plan. C. Contractors and energy auditors performing energy efficiency improvements must: (1) Maintain an active home improvement contractor’s license issued by the Maryland Department of Labor, Licensing and Regulation; (2) Possess, in the case of Contractors providing air-sealing services, a valid BPI Envelope Professional certification; (3) Adhere to any Program marketing and customer education requirements developed by the County; (4) Agree to take all reasonable measures to resolve complaints; and (5) Adhere to all other requirements and conditions specified by the Director in the Program Plan. D. Renewable energy product providers must: (1) Use cost-effectiveness calculations and methods identified in Section IV (D) of this regulation; (2) Maintain an active home improvement contractor’s license issued by the Maryland Department of Labor, Licensing and Regulation; (3) Adhere to Program marketing and customer education requirements developed by the County; (4) Agree to take all reasonable measures to resolve complaints; and (5) Adhere to all other requirements and conditions specified by the Director in the Program Plan. E. All auditors, contractors, and product providers must comply with all applicable permitting and licensing requirements mandated by the County, state and, if applicable, the municipality. F. The County may charge fees for registration of auditors, contractors, and renewable energy product providers sufficient to offset its administrative costs. Fees will be specified by the Director and documented in the Program Plan. G. The County may revoke the registration, and eligibility to participate in the Program if a provider fails to comply with the requirements of this Section. However, the County will not guarantee, warranty, or be responsible for the qualifications or performance of any auditor, contractor, or product provider in connection with any home improvement or measure paid for under the Program. HELP loans and repayment are a lien on the borrower’s property that conveys with the property. Therefore, if title to the property is transferred, the obligation for payment of the loan transfers with the property to the new owner. A. Financial Eligibility (1) The applicant must be the owner of record of the property. The County, or its designee, will perform a title search for each application. (2) The total amount of HELP loans outstanding on each property must not exceed the maximum described in subsection (C) (4). (3) All real property taxes due and owing on the property must be paid in full. Any property that is in tax sale or has liens against the property, other than mortgage liens, will not be eligible for a HELP loan. (4) Applicants must meet the credit eligibility standards of the Program described, in subsection (B). B. Credit Standards (1) An applicant must not have any outstanding debts owed to the County or the State of Maryland. In addition an applicant must be current on any mortgage or deed of trust debt on the property. (2) An applicant must have paid all real property taxes on the property on time for the previous three years. If the applicant has owned the property for less than three years, the applicant must be up to date on all real property taxes and must not have defaulted on taxes for any real property owned in the County in the three years prior to the application. (3) The applicant must not be in bankruptcy. (4) A property must have sufficient equity, based on the assessed value, to cover the amount of HELP loans, less any mortgage or deed of trust liens against the property. C. Loan Terms (1) All loan must be paid in annual installments over 15 years. (2) The interest rate on loans will be based on the County’s cost of funds, as determined by the Director of Finance, used to capitalize the program plus any costs of administration, loan processing, Program marketing and any required reserve funds. (3) Origination and application fees may be imposed to cover the cost to the County, or its designee, of loan processing, appraisals, title search and other program operational costs. These costs will be non-refundable and identified in the Program Plan. (4) HELP loans are available in amounts not less than $2,500 and may not exceed 5 percent of property’s assessed value up to a maximum of $25,000. (5) Loan payments on all loans are due on September 30th of each year. The HELP loan payments are included on the annual real property tax bill. Borrowers that are permitted to pay their property taxes semi-annually will pay one-half of the loan payment amount by September 30th and the second half of the loan payment by December 31st of that same year. (6) Any payment delinquency after the due dates will be subject to collection through the County’s annual property tax lien sale. (7) The loan amount and any accrued interest are a first lien on the real property. Under Maryland law, delinquent amounts are collectable by suit or tax sale like all other real property taxes. In addition, interest and penalties accrue on the unpaid balance at the rate of 20 percent per annum. (8) A property owner may pay off the entire balance of a HELP loan at any time without penalty. A request for a pay-off balance must be made to the Montgomery County Department of Finance, Attn: Director of Finance. In order to pre-pay a HELP loan, all principal and accrued interest up to the payment date must be paid in full. (9) Partial annual loan payments are not accepted. However, a borrower may reduce the total amount of the principal owned by making a lump sum payment against the outstanding balance of the loan. The single payment will be applied first to interest owed and then to principal. A new loan balance will be calculated and the annual payment amount will be adjusted based on the new loan balance. Lump sum payments must be arranged through the Department of Finance. Lump sum payments may not be made in lieu of the regular annual payment. (10) The property owner must disclose, in the initial application and with the request for loan disbursement, the amount of any energy efficiency or renewable energy incentives received from both public and private sources. The total HELP loan for which the applicant is eligible will be reduced by that amount. D. Application Process (1) HELP loan applications must be completed and submitted to the Department of Finance, the Department of Environmental Protection, or their designee, as described in the Program Plan. Applications must include the following: (a) Completed application form; (b) Copy of audit report clearly indicating auditors recommended actions and annual energy savings; (c) Estimate of total project costs; (d) Principal amount requested by the applicant; (e) Names and contact information of all auditors, contractors and renewable service product providers involved in the project; (f) Application fees; (g) Releases necessary to process the application, including information to: (i) establish credit-worthiness; and (ii) request energy usage history from applicant’s utilities; and (h) Acknowledgement from the applicant that the applicant has reviewed all existing loan documents applicable to the Property and the applicant has verified that entering into a HELP loan agreement, which requires consenting to an assessment levied against the Property for repayment of the loan, will not constitute a default under any existing security instrument. (i) Acknowledgement by the applicant of Program terms and conditions, including agreements from contractors to comply with all applicable federal, state, and local laws. (j) The application must include the following disclaimer in bold print: “Before completing a HELP loan application, a property owner should carefully review any mortgage agreement(s) or other security instrument(s) which affect the property or to which the property owner is a party. Entering into a HELP loan contract without the consent of the owner’s existing lender(s) could constitute an event of default under such agreement(s) or security instruments. Defaulting under an existing agreement or security instrument could have serious consequences to the property owner, which could include the acceleration of the payment obligations due under such agreement or security instrument. In addition, upon resale or refinancing of the property, a lender may require that the loan be paid off prior to funding any refinancing or purchase money mortgage.” (2) The applicant will receive a confirmation from the County, or its designee, concerning the disposition of the loan application. If the loan is approved, the confirmation notification will indicate the terms and conditions of the loan. The applicant must acknowledge the confirmation notification, agree to the terms and conditions of the loan, and return the document to the County or its designee. (3) If the HELP loan application is not approved, the applicant may seek a reconsideration of the decision from the Director of Finance. Any request for reconsideration must be in writing and must include the reasons for the request. A request for reconsideration must be made within 14 days after notification that the loan application was not approved or the Director’s decision becomes final. (4) The terms of disbursement, as described in subsection (E) must be included in the application to the Department of Finance. E. Disbursement of Loan Funds All projects must be completed within 180 days after the Director of Finance approves the HELP loan, unless an extension is granted. The borrower and the auditor, contractor, or renewable energy product provider (collectively, the parties) must agree to how payments for work will be disbursed at the time that they agree on the scope and price of the work. Those terms may include a single payment or up to three progress payments depending on the scope of work and the mutual agreement between the parties. (1) Smaller projects that can be completed in less than 14 days from the date of approval will qualify for a single payment and are subject to the following requirements: (a) The borrower must certify that the work is acceptable within 14 days after completion; or test-out, if applicable. (b) The borrower must notify the Director of Finance within 14 days after project completion or test-out if there is a dispute between the parties. The parties will have 45 days from the date of project completion or test-out to resolve the dispute. (c) If the borrower certifies satisfactory completion of the work under subparagraph (a) the County will pay the auditor, contractor or renewable energy product provider. If no certification is received or the parties have not resolved their dispute as required in subparagraph (b) the County will pay the applicable auditor, contractor, or renewable energy product provider. (2) Projects larger in scope that will take more than 14 days to complete may qualify for progress payments to the auditor, contractor, or renewable energy product provider. (a) The Director of Finance will authorize a payment of 30 percent of the contractor estimated costs upon approval of the loan application. (b) The Director of Finance will authorize a second progress payment if agreed to by the parties to the contract at a pre-determined event during installation. That event must be identified in the contract between the parties. The borrower must contact the Department of Finance, as specified in the Program Plan, to authorize payment. The second progress payment will be 40 percent, unless the contract provides for a different amount. (c) a final progress payment will be made to the auditor, contractor, or renewable energy product provider at the time of project completion. (d) The borrower must certify, as specified in the Program Plan, that the work is acceptable within 14 days after completion or test-out, if applicable. (e) The borrower must notify the Director of Finance, as specified in the Program Plan, within 14 days after project completion or test-out if there is a dispute between the parties. The parties will have 45 days from the date of project completion or test-out to resolve the dispute. (f) If the borrower certifies satisfactory completion of the work under subparagraph (d) the County will pay the auditor, contractor, or renewable energy product provider. If no certification is received or the parties have not resolved their dispute as required in subparagraph (e) the County will pay the applicable auditor, contractor, or renewable energy product provider. F. Post-Loan Administration (1) Beginning the first tax levy year following the first disbursement of HELP loan funds, the annual HELP loan payment will appear on the property owners’ annual real property tax bill. (2) After final payment of the HELP loan to the County, the loan payment will be removed from the annual real property tax bill. (3) Delinquent loan payments may be collected through the Annual Tax Lien Sale or by any other means authorized by law. (4) In the event of a foreclosure by a lending institution during the life of the loan, only the amount due or delinquent, including accrued interest, fees, charges, or penalties, must be paid at the time of forerclosure. A. If the borrower transfers title to the property, the borrower (grantor) must disclose to the new owner (grantee) that the grantee must continue to repay the HELP loan through the annual real property tax bill. The required disclosure must occur in accordance with the grantor’s obligation to disclose real property tax information to new owners of property, as described in Section 40-12C of the Montgomery County Code. Disclosures must include: 1. The estimated full-year property tax bill that a grantee would be obligated to pay in the next full tax year after the property is transferred; and 2. The existence of the HELP loan and that the obligation to repay the HELP loan transfers with the property, the original purpose of the loan, the maturity date of the loan, the annual payment amount, and the approximate pay-off. B. The disclosure described in subsection (A) must also be given to the grantee before transfer of title to the property and the grantee must sign a statement indicating that the grantee understands that the HELP loan is being assumed, that the grantee will be responsible for future payments, and that failure to make future payments could result in the property being included in the County’s Annual Tax Lien Sale. The County Executive will provide a report to the County Council before the formal launch of the Program, and by July 1 each year thereafter, documenting Program performance and financial information. The report will include, where applicable: A. Interest rates and fees that apply to Program borrowers and other participants, including a description of how these fees were established and justification for any changes; B. Financial report-out including Program fund balances, revenues, expenditures, and reserves; C. Number of projects executed, dollars loaned; and D. Estimated energy and cost savings to borrowers. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect upon approval by the County Council. MONTGOMERY COUNTY CODE CHAPTER 18A, ARTICLE 6 BUILDING ENERGY USE BENCHMARKING AND PERFORMANCE STANDARDS

Authority. In accordance with the authority conferred under Chapter 18A, Section 18A-43A, of the Montgomery County Code, 2014, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to building energy performance standards for covered buildings. Definitions of the terms used in the regulation are provided in Section 18A-38A of the County Code. For the purpose of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation: A. Area-weighted final performance standard means a final performance standard that is calculated based on the floor area proportion of each building type within a covered building, as reported in the benchmarking tool. B. Cost-effective energy improvement measures mean: (1) circumstances in which the simple payback of the energy improvement measure is less than or equal to the effective useful life of the measure based on a broadly accepted industry standard approved by the Director, after considering all possible incentives and including avoided penalties for non-compliance with Article 6 of Chapter 18A at the time of building performance improvement plan submission; or (2) for specially designated buildings, circumstances in which the simple payback of the energy improvement measure is less than or equal to the effective useful life of the measure based on a broadly accepted industry standard approved by the Director or is 10 years or less, whichever is less, after considering all possible incentives and including avoided penalties for non-compliance with Article 6 of Chapter 18A at the time of building performance improvement plan submission . C. Economic infeasibility means circumstances in which the interim or final performance standard cannot be met by implementing a package of cost-effective energy improvement measures. D. Energy improvement measure means any installation or modification of equipment, devices, or other materials intended to decrease energy consumption or improve energy performance of a covered building. E. Final performance standard deadline means the end of the calendar year used to compare each covered building’s performance metric to its final performance standard as defined in Section 18A-42(d)(3) of the County Code. F. Full-time equivalent employee means the sum of employees or occupants occupying the building for 40-person hours per week/2080-person hours per year, exclusive of security guards, janitors, construction workers, landscapers, and other maintenance personnel. F. kBtu means thousand British thermal units. G. Interim performance standard deadline means the end of the calendar year used to compare each covered building’s performance metric to its interim performance standard as defined in Section 18A-42(d)(3) of the County Code. H. Local small business means local small business as defined in Section 11B-65 of the County Code. I. Mixed-use building means a building that contains two or more building types. J. Normalized site energy use means the site energy use by the covered building normalized for weather and other characteristics within the limits of the capabilities of the benchmarking tool and normalized for other factors as determined by the Department. K. Onsite renewable energy system means a renewable energy system physically located on the covered building or covered building site that produces renewable energy. L. Renewable energy allowance means all electricity generated from onsite renewable energy systems. M. Renewable energy means electricity generated from a source that is not depleted when used. N. Simple payback means the estimated initial energy improvement measure cost divided by the energy improvement measure’s calculated annual cost savings. O. Specially designated building means a qualified affordable housing building, a common-ownership community, a multifamily building subject to rent stabilization under Section 29-58 of the Code, a non-profit owned building, or a local small business owned building. A. Building type categories mean property types as defined in the benchmarking tool. B. If a building type is designated as “Other” in the benchmarking tool or if evidence suggests that the incorrect building type was entered into the benchmarking tool, the Department will assign the most accurate building type. The Department must reassign a building type that the Department determines to be more accurate based on available data. The owner will have the opportunity to dispute the building type after the Director’s decision on the building type. C. The Department has the final authority to assign a building type to a covered building. A. The following table sets forth the building types and the final performance standard for each building type. If additional building types are created or changed in the benchmarking tool, the Department must set performance standards for those building types based on best available local and national data and update the building types and standards on the Department’s Building Energy Performance Standards website. Building Type | Final Performance Standard (kBtu/gross floor area) B. If a covered building consists of one building type, then its final performance standard is the final performance standard for the building type in which it belongs. A. Mixed-use covered buildings have an area-weighted final performance standard based on the gross floor area (GFA) assigned to each building type. B. The Department will calculate an area-weighted final performance standard for mixed-use covered buildings based on the gross floor area of each property type reported in the benchmarking tool, excluding parking, and each building type’s final performance standard. The following formula illustrates this calculation: EUI AW = | [( GFA 1 x EUI 1 ) + ( GFA 2 x EUI 2 ) + ... + ( GFA n x EUI n )] ____________________________________________ GFA S Where: EUIAW is the area-weighted final performance standard of the covered building n = The total number of building types within the covered building GFAS is the sum of the gross floor area of all building types in the building GFA1 is the gross floor area of the largest building type within the covered building GFA2 is the gross floor area of the second largest building type within the covered building GFAn is the gross floor area of the nth largest building type within the covered building EUI1 is the final performance standard for the building type corresponding to GFA1 EUI2 is the final performance standard for the building type corresponding to GFA2 EUIn is the final performance standard for the building type corresponding to GFAn 1 C. The Department provides covered buildings with heated swimming pools with a pool adjustment based on current or successor benchmarking tool estimates of heated swimming pool site energy use using the following formula: For covered buildings that consist of one building type: Pool-adjusted final performance standard = | [( Final performance standard x Building GFA ) + ( pool kBtu adjustment )] _______________________________________________________________ Building GFA For mixed-use covered buildings that have an area-weighted final performance standard: Pool-adjusted final performance standard = | [(Area weighted final performance standard x Building GFA) + (pool kBtu adjustment )] _____________________________________________________________________ Building GFA D. For any additional adjustments to final performance standards for covered buildings, the Department will follow current or successor benchmarking tool guidance and update the Department’s Building Energy Performance Standards website. E. The Department calculates final performance standards based on the covered building’s most recent annual energy use benchmarking report. If a building’s type changes from the prior benchmarking report, then the Department will provide the owner with updated standards to align to the updated square footage breakdown following annual energy use benchmarking. A. Except as described in subsection C, if a covered building consists of one building type, then its final performance standard is the final performance standard for the building type in which it belongs as described in Section 18A.43A.01.04. B. Except as described in subsection C, if a covered building is made up of a mix of building types, then its final performance standard is determined as described in Section 18A.43A.01.05. C. A covered building’s final performance standard will not require a reduction of greater than 30% from the covered building’s performance baseline. A. The Department calculates a covered building’s interim performance standard as halfway between the covered building’s performance baseline and its final performance standard. B. If a covered building’s performance baseline is already below its final performance standard, the covered building’s interim standard is equal to its final performance standard. A. The Department will provide covered buildings with parking that is not sub-metered and included as part of the building energy use benchmarking report with a parking adjustment to the building’s normalized site energy use by deducting current or successor benchmarking tool estimates of parking site energy use. The Department calculates parking adjusted normalized site energy use as normalized site energy use minus the benchmarking tool estimates of parking site energy use. B. The Department will provide buildings with electric vehicle (EV) charging stations that are not sub-metered and included as part of the building energy use benchmarking report with an electric vehicle charging station adjustment to the building’s normalized site energy use by deducting current or successor benchmarking tool estimates of electric vehicle charging station energy use. The Department calculates EV charging station adjusted normalized site energy as normalized site energy use minus benchmarking tool estimates of electric vehicle charging station energy use. C. For any additional adjustments to normalized site energy use, the Department will follow current or successor benchmarking tool guidance and update the Department’s Building Energy Performance Standards website. D. The Department will calculate normalized site energy use annually based on the covered building’s energy use benchmarking report. A. The renewable energy allowance will credit all electricity generated from onsite renewable energy systems, whether used onsite or exported back to the grid. B. Owners of covered buildings must follow the guidance of the benchmarking tool to report renewable energy produced by the onsite renewable energy system. To receive a renewable energy allowance, inputs must include: 1. grid energy sent to the building; 2. total renewable energy generated on site; 3. renewable energy used on site; and 4. any renewable energy generated on site and exported back to the grid. C. Entering net-grid delivered electricity alone is not sufficient for energy benchmarking or to calculate a renewable energy allowance. A. Covered buildings must demonstrate compliance with the interim and final performance standards by reporting building energy use benchmarking data to the Department using the benchmarking tool. B. The Department will determine compliance by comparing the covered building’s performance metric to the interim or final performance standard for each covered building. C. Each covered building’s performance metric accounts for the renewable energy allowance, using the following formula: EUI PM = | ( EU N - REA ) ______________ Building GFA Where: EUIPM is the performance metric, expressed in kBtu per square foot EUN is normalized site energy use, expressed in kBtu, including any normalization as described in Section 18A.43A.01.08 REA is the renewable energy allowance, expressed in kBtu as described in Section 18A.43A.01.09 Building GFA is the covered building’s gross floor area D. The Department will consider a covered building to be in compliance with this Section if the covered building’s performance metric is at or below the covered building’s interim or final performance standard at the covered building’s interim or final performance standard deadline as applicable. A. If a covered building owner cannot reasonably meet one or more of the applicable interim or final performance standards due to economic infeasibility or other circumstances beyond the owner’s control, the owner may submit a proposed building performance improvement plan to the Department. B. Circumstances outside the owner’s control may include characteristics inherent to the building or the building’s operations or may involve timing events in the building’s equipment lifecycles, occupancy, or financing A. The owner must submit, on a form prescribed by the Director, a building performance improvement plan to the Department no later than 90 days before the deadline for submitting documentation of compliance with interim or final performance standards as applicable. B. A building performance improvement plan must satisfy all of the following the requirements: 1. The plan must include supporting documentation that demonstrates economic infeasibility or circumstances outside of the owner’s control preventing the building from reaching the interim or final standard. 2. The building performance improvement plan must include the results of an energy audit that was performed not more than four years earlier that follows the Level 2 Procedures defined in the most current version of ASHRAE Standard 211, or a comparable standard as approved by the Director, and contains engineering calculations of energy savings and a simple payback analysis of each potential energy improvement measure covering, at a minimum: (a) operational improvements; (b) low and no-cost energy improvement measures; (c) retro-commissioning or recommissioning of existing equipment that is planned to remain in service past the final performance standard deadline; and (d) replacement of existing equipment that is planned to be replaced before the final performance standard deadline. 3. The plan must contain an assessment that evaluates the initial cost and annual energy savings of potential energy upgrades that include: (a) replacement options of existing equipment that is planned to remain in service past the final performance standard deadline; (b) electrification feasibility for replacement of fossil fuel combustion equipment; and (c) onsite renewable energy systems. 4. The plan must be completed by a recognized energy auditor that possesses an active credential in good standing of one of the following: (a) a credentialing program approved by the U.S. Department of Energy Better Buildings Workforce Guidelines for Building Energy Auditors or Energy Managers; (b) a Professional Engineer license; or (c) another professional license or building energy training program credential recognized by the Director. C. The building performance improvement plan must contain a retrofit plan identifying the cost-effective energy improvement measures to be implemented in the building, the calendar year or qualifying event during which such energy improvement measures will be made, and the predicted annual energy savings resulting from implementing the energy improvement measures. The retrofit plan must also: 1. address all building systems, including, where applicable, envelope, heating, cooling, ventilation, domestic hot water, lighting and electrical, elevators, motors, and pumps; 2. if applicable, address building systems located in tenant spaces owned and maintained by the owner; 3. detail energy improvement measures that include operational improvements, equipment retro-commissioning or recommissioning, and equipment replacement; and 4. consist of a package of cost-effective energy improvement measures that maximize energy savings. D. The building performance improvement plan must include an executive summary in a form approved by the Director. E. The plan must acknowledge, on a form approved by the Director, that to demonstrate ongoing compliance, the building owner must fulfill the requirements contained in Section 18A.43A.01.13 and that an accepted building performance improvement plan does not guarantee compliance with State building energy performance standards. A. The Director must evaluate a building performance improvement plan based on the completeness of materials submitted and the resulting energy savings, taking into consideration the factors of economic infeasibility or circumstances beyond the owner’s control documented in the building performance improvement plan. B. The Director may require that additional systems and measures be assessed and included in the retrofit plan if determined to be cost effective or that additional documentation be provided. The building owner may then submit an updated building performance improvement plan that addresses the Director’s requirements for review. C. If, after consulting with the Building Performance Improvement Board, the Director approves the building performance improvement plan, the owner must record the building performance improvement plan as a covenant in the County land records and deliver a certified copy of the building performance improvement plan to the Department. In accordance with Section 40-10B(a)(3)(C) of the County Code, before a buyer signs a contract for the sale of a covered building the seller must provide the building performance improvement plan to the prospective buyer. D. If the Director does not approve the plan, the Director must provide the applicant with a written summary of the grounds for denying the building performance improvement plan and the covered building owner must either submit a new building performance improvement plan that satisfies the Director’s written conditions as described in subsection B or satisfy the applicable interim or final standard or be considered noncompliant. A. After the Director receives the certified copy of the recorded plan, the covered building will be deemed to be in compliance with the applicable interim or final performance standards as long as the owner fulfills the terms of the building performance improvement plan. B. Building owners must demonstrate fulfillment of the terms of the building performance improvement plan by reporting annually on June 1, on a form prescribed by the Director, on energy improvement measures implemented and of the progress of the building improvement plan in the previous calendar year. C. Annual building performance improvement plan reporting must also provide information on correcting any noncompliance with or deviation from the plan. D. The owner must notify the Director if schedules or measures identified within the building performance improvement plan change. If there is a change, the Director may require revisions to the building performance improvement plan under the process described in Section 18A.43A.01.13.B and C. E. If the building owner has used a building performance improvement plan to comply with the interim performance standard, all energy improvement measures in the retrofit plan with a simple payback of 5 years or less must be implemented before the Department will approve a subsequent building performance improvement plan for compliance with the final standard. F. If, by the final performance standard deadline, the building’s performance metric is below the final performance standard, or the building has fulfilled all of the requirements of the approved building performance improvement plan, the building owner may submit to the Department a request to terminate the covenant recorded under Section 18A-42B(d) of the County Code for review and approval. If approved by the Department, the County will release the covenant. G. If the covered building has not fulfilled the requirements of the approved building performance improvement plan by the final performance standard deadline, the owner must continue to submit annual building performance improvement plan reports as described in subsection B and C. In addition to the extensions and adjustments criteria listed in Section 18A-42C of the County Code, the Department may grant an extension to an interim or final performance standard for a covered building whose owner submits a request along with documentation at least 90 days before the deadline for submitting documentation of compliance with an interim or final performance standard as applicable if any of the following conditions apply: A. on average, less than one full-time equivalent employee occupied the building during the calendar year being reported; B. a change of building ownership where the new building owner cannot obtain necessary data to submit the energy use benchmarking report for the year culminating in the applicable interim or final performance standard deadline; C. affordable housing refinancing timelines or low-income housing tax credit availability timelines that do not align with interim or final performance standard deadlines as applicable; or D. a building is subject to historic preservation requirements. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

A. In accordance with the authority conferred under Chapter 19, Section 19-3 1, of the Montgomery County Code, 1994, as amended (hereinafter referred to as the "Code"), the County Executive hereby promulgates this regulation for the purpose of implementing the County's stormwater management program as set forth in Chapter 19 of the Code. B. This regulation pertains to all applications for approval of preliminary plans, stormwater management plans and sediment control permits, the issuance of building permits for new construction, financial security requirements, easements, agreements and maintenance requirements for on-site stormwater management controls, best management practices design criteria, and waivers. The definitions of terms used in this regulation are provided in Chapter 19, Section 19-21, of the Code. For purposes of this regulation, the following additional words and phrases will have the meanings respectively ascribed to them by this regulation: Hotspot: An area where land use or activities generate highly contaminated runoff with concentrations of pollutants in excess of those typically found in stormwater. Soil Survey: The Soil Survey of Montgomery County, Maryland, Natural Resources Conservation Service, U.S. Department of Agriculture, July 1995. Stormwater management concept plan: A statement or drawing, or both, describing the manner in which stormwater runoff from the proposed development will be controlled to minimize damage to neighboring properties and receiving streams and to also prevent the discharge of pollutants into surface waters. A. Stormwater management concept stage. 1. Plan required. Before the Montgomery County Planning Board approves a preliminary plan of subdivision, the Department of Permitting Services must review and approve a stormwater management concept plan submitted by the applicant. If a preliminary plan of subdivision or site plan is not required, then the Department must approve the stormwater management concept plan before the applicant may apply for a sediment control permit. 2. Contents. The concept plan must include the following information: a) A description of how stormwater runoff from the development will be controlled to preserve or improve water quality, prevent on-site and off-site stream channel erosion, and maintain groundwater levels; b) An analysis of existing water quality conditions, including locating streams, impoundments, and wetlands on the site; c) The results of geotechnical investigations, such as soil borings and perc tests when structural recharge is proposed; and d) An indication of the method of access to the facilities from public rights of way for the purpose of maintenance. 3. Notice to other property owners. The applicant must provide written notification of the pending preliminary plan application to the owners of any properties that adjoin the site of the proposed development or that are within 500 feet downstream of the proposed development within 10 days after having submitted the application. The notice must be sent by registered mail and must include a copy of the stormwater management concept plan, the preliminary plan reference number, and a statement informing the property owners that they must submit in writing any comments concerning the preliminary plan to the Department within 21 days after receiving the notice. The applicant must certify to the Department that the applicant has provided the required notice to property owners by submitting a copy of the notice and a list of the persons notified to the Department within 20 days after submitting the preliminary plan application. 4. Hydrology. This Section presumes that pre-development conditions are woodland or meadow in good hydrologic condition for the planning and placement of stormwater management structures. B. Sediment control permit stage. 1. Any person required under Chapter 19 of the Code to obtain a sediment control permit must include a stormwater management design plan as part of the application for that permit. The design plan must conform to the approved stormwater management concept plan. The application must include: a) construction drawings for all stormwater management facilities in accordance with criteria established in Chapter 19 of the Code; b) construction specifications; C) structural computations and certifications signed by an engineer registered in the state of Maryland; d) supporting hydrologic, hydraulic, and design computations; e) soil analysis; f) drainage area and watershed data; g) a landscape plan, prepared by a landscape architect registered in the state of Maryland, for all surface structures, that addresses aesthetic, habitat, and water quality needs, and is in conformance with Department standards; h) for ponds, if any, standard certifications and signature blocks must be on design drawings before submittal for signature to the Montgomery Soil Conservation District; and i) all other necessary information needed for review and approval by the Department. 2. If the proposed stormwater management facility is on land that is either owned by or proposed for dedication to the Maryland-National Capital Park and Planning Commission, the stormwater management design plan must be approved by the Board before the Department may approve the plan and issue a building permit for the proposed development. An applicant that proposes dedicating land to the Commission must enter into an agreement to dedicate land with the Board and provide a certified copy of that agreement to the Department along with the Board's written approval of the design plan. 3. If constructing a stormwater management facility on the proposed development site is likely to affect existing or proposed water and sewer lines, the Washington Suburban Sanitary Commission's approval of the stormwater management concept plan is required before the Department may approve the plan and issue a building permit for the proposed development. C. Qualifications for Both Concept and Design Plans 1. Stormwater management concept and design plans must be prepared by a professional engineer, professional land surveyor, or landscape architect licensed in Maryland. If a stormwater best management practice requires either a dam safety permit from the Maryland Department of the Environment or a small pond approval from the District, the design plan must be prepared by a professional engineer licensed in the State of Maryland. 2. Best management practices. The applicant must document adherence to minimum stormwater control requirements at the stormwater management concept plan approval stage and at the sediment control permit approval stage. Before an application for a sediment control permit is approved, the applicant must enter into an easement and maintenance agreement with the County, approved as to form and substance by the Director, to ensure continued compliance with structural and nonstructural best management practices; however, the Director may waive this requirement as it relates to nonstructural best management practices for single family lots or properties when the Director is satisfied and reasonably certain that the nonstructural best management practices will remain functional after construction of the development is complete. D. Installation Inspections 1. The applicant must notify the Department at least 48 hours before beginning any construction activity in conjunction with a stormwater management plan and hold a pre-construction conference with a designated representative of the Department. 2. The Department or a professional engineer licensed by the State of Maryland must perform installation inspections of any stormwater management facility under construction as needed to ensure that the facility complies with approved plans. The inspector must perform the inspections in accordance with Department-approved checklists for each type of stormwater management facility. The person performing the inspection must prepare a written inspection report for the Department to maintain that includes the following information: a) The date and location of the inspection; b) Whether construction was in compliance with the approved stormwater management plan; C) Any variations from the approved construction specifications; and d) Any existing violations of applicable County law. 3. The Department must notify the applicant in writing if the person conducting the inspection observes any violations of applicable County law during the inspection. The written notification must describe the nature of the violation and prescribe the corrective action needed. 4. No construction work on a stormwater management facility may proceed until the Department inspects and approves the work previously completed and furnishes the results of the inspection reports to the applicant after completing each required inspection. 5. If the applicant and the Department have entered into a financial security agreement that specifies the various stages of work to be completed on the facility, the applicant must contact the Department after completing each stage to request an inspection. After the Director certifies that the applicant has completed that stage of work in accordance with the approved plan, the Director may reduce the required financial security by a prorated amount or may direct the Director of Finance to refund to the applicant a prorated share of the amount of financial security that the applicant deposited with the County. 6. Once construction is complete, the applicant must submit an as-built plan and certification to the Department to ensure that the stormwater management facility has been constructed in conformance with approved plans and specifications. The plan and certification must be prepared by a professional engineer, professional land surveyor, or landscape architect that is licensed or registered in the State of Maryland or by any other person whose qualifications to prepare as-built plans and certifications are acceptable to the Department. A Maryland-licensed professional engineer must prepare the plans and certifications for ponds. A. Structural Stormwater Management Measures 1. An applicant must design and construct the following structural best management practices in accordance with the Design Manual as well as local standards instituted by the Department to satisfy the applicable minimum control requirements established under County law: a) Stormwater management ponds; b) Stormwater management wetlands; C) Stormwater management infiltration; d) Stormwater management filtering systems; and e) Stormwater management open channel systems. 2. The applicant must consider performance criteria specified in the Design Manual in relation to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance when selecting structural management practices. 3. The applicant must select structural stormwater management practices to accommodate the unique hydrologic or geologic regions of the County. B. Nonstructural Stormwater Management Measures 1. An applicant must apply the following nonstructural best management practices in accordance with the Design Manual as well as local standards instituted by the Department to minimize increases in new development runoff. a) Natural area conservation; b) Disconnection of rooftop runoff; C) Disconnection of non-rooftop runoff; d) Sheet flow to buffers; e) Grass channels; and f) Environmentally sensitive development. 2. The Director may reduce the minimum control requirements specified under County law when nonstructural stormwater management practices are incorporated into site designs according to the Design Manual. C. Specific Design Considerations 1. Water quality. The design of best management practices must consider - the thermal effects of the development on receiving streams. The applicant must mitigate these effects if the Director determines that mitigation is necessary to preserve the water quality of the receiving streams. 2. Recharge. If the delineation is unclear in the Soil Survey or if a hydrologic soil group is not assigned to a specific soil, then the default hydrologic soil group for recharge design is "B."1 There are no recharge requirements for redevelopment project sites or for sites identified as hotspots. 3. Channel protection. All surface ponds in Use III, Use IV, and high quality Use I watersheds must be designed to provide 12-hour extended detention of the one-year, 24-hour storm event. All other surface ponds and all underground structures must be designed to provide 24-hour extended detention of the one-year, 24-hour storm event. 1Soil types are grouped hydrologically in the Soil Survey. 4. Flood protection. a) Overbank flood protection may only be required if the Director determines that the receiving floodplain, flow path, or storm drain system is insufficient to handle the flow from a 10-year storm. In such cases, the stormwater management concept plan must show how the peak discharge of the predeveloped 10-year, 24hour storm is maintained. b) Management of the 100-year storm is required only when the department determines that controls are necessary to protect existing buildings. 5. Nonstructural best management practices. The Director may accept nonstructural management practices to help satisfy the minimum stormwater control requirements when the Director is reasonably certain that the nonstructural management practices will remain functional after construction of the development is complete. A. An applicant making a contribution under Chapter 19 must provide the contribution to the County before the Director issues a building permit for the development. B. An applicant dedicating land under Chapter 19 must sign any agreement entered into with the Department or the Board before recording the plats for the land being dedicated. If no recorded plat is required, then the applicant must enter into the agreement with the Department or the Board before the Director may issue a building permit to the applicant. The applicant must provide to the Department a certified copy of any signed agreement entered into with the Board. A. Notification required. A person must notify the Department of Environmental Protection at least 48 hours before initiating any maintenance work on a stormwater management facility. B. Qualifications of maintenance personnel. A person that performs repair or maintenance on a stormwater management facility must have demonstrated experience in stormwater management facility construction and inspection and hold a certificate of attendance awarded through a training program approved by the Department of Environmental Protection. A person that performs repair or maintenance on an underground facility must have the training and credentials required under applicable state and federal law. C. Final inspection. Upon completion of the repair or maintenance on a stormwater management facility, the Department must conduct a final inspection of the facility. If the Director determines that the facility is not in proper working condition, the Director must prepare a written report specifying the additional repair or maintenance needed to place the facility in proper working condition and provide a copy of the report to the owner of the facility. A. Any person performing repair or maintenance on a stormwater management facility must ensure that the receptacle used to transport materials or debris resulting from the repair or maintenance has been cleaned of all septage residue if the receptacle was previously used to transport septage. B. Any person that transports waste materials resulting from repair or maintenance of a stormwater management facility must submit a report to the Department of Environmental Protection within 24 hours after disposing of the materials. The report must be on a form provided by the Department of Environmental Protection and must include the following information along with a copy of the receipt from the disposal facility where the materials are deposited: 1. Name, address, and phone number of the person transporting the materials; 2. Sequence number and location of the facility from which the materials were removed; 3. Types of structures from which the materials were removed and the number of structures at the site; 4. Amount and types of waste materials removed; 5. Date the material was removed; and 6. Location of the facility to which the materials were delivered for disposal. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect upon approval by the County Council.

Each application including applications for revisions must be accompanied by the minimum permit fee. All remaining fees must be paid prior to any subsequent submission for review or prior to permit issuance, whichever is first. Fees for the issuance or renewal of sediment control permits are: BeginningJuly 1, 1997 1. Permits issued using the Application for Small Land Disturbing Activities $260.00 2. Permits for forest harvest activities $100.00 3. Permits for activities related to the maintenance of stormwater management facilities $260.00 4. All other sediment control permits (Per square feet of disturbed area) $0.030 Minimum fee $670.00 5. Technical revisions to permits with no increase in disturbed area 35% of original fee Maximum fee $1,450.00 Minimum fee $670.00 Stormwater management concept plans may include one or more of the following: - Onsite water quality control - Onsite water quantity control - A waiver of onsite water quality control - A waiver of onsite water quantity control All fees must be paid before the Department initiates reviews. Fees for the evaluation of stormwater management concepts are: Size of Development BeginningJuly 1, 1997 1. For waivers of onsite stormwater management that are granted in accordance with the standard contribution categories listed in Executive Regulation 5-90, Section 2.A.2.e. $425.00 2. All other stormwater management concept plans which are 25 acres or less $1,160.00 3. All other stormwater management concept plans which are greater than 25 acres $1,500.00 4. Fees for revisions to previously approved stormwater management concept plans are 50% of the original fee for modifications that include reevaluation of stormwater management facility sizing, design, or location, and 20% of the original fee for all other modifications. All fees must be paid at the time of application or before the Department initiates reviews. Fees for the administration of the Floodplain District Program are: BeginningJuly 1, 1997 1. Floodplain District Permit $335.00 2. Review and approval of studies that define, verify, or modify floodplain district limits $990.00 3. Review and approval of dam breach studies $990.00 4. Certification of Floodplain Limits not covered by C.1, C.2, or C.3. $85.00 The following provisions pertain to all fees covered by this regulation: 1. Refunds All fees are non-refundable. 2. Extensions The fee to extend sediment control and floodplain district permits after written application and before the expiration of the original permit is $85.00. Each extension is limited to six (6) months. Only two (2) extensions may be granted for each permit. All subsequent extensions are considered to be technical revisions. 3. Transfers Permit fees are not transferrable. 4. Change of Legal Description or Ownership The fee for a revision to a sediment control permit or a floodplain district permit for changes of legal description or ownership is the minimum permit fee. 5. Late Payment of Fees If fees are not paid as described in this regulation, the application for permit will be returned to the applicant until such fees are paid. 6. Bond Replacement The fee for replacement of a Performance Bond, Cash Bond, Irrevocable Letter of Credit, or Certificate of Guarantee is $50.00. If the purpose of the replacement is to reduce the amount of the instrument due to partial completion of stormwater management facilities, the fee is $100.00. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation becomes effective on July 1, 1997.

In accordance with procedures authorized in Chapter 19, Article I, title "Erosion and Sediment Control" Sections 19-10 and 19-17, Article II, title "Stormwater Management", Sections 19-31 and 19-32 of the Montgomery County Code 1984, as amended, the following Executive Regulation pertains to the establishment and use of Certificates of Guarantee to satisfy the requirements of Chapter 19, Sections 19-10 and 19-32 of the Montgomery County Code 1984, as amended. A. Any organization interested in applying to the Department of Environmental Protection (DEP) for approval to issue Certificates of Guarantee, pursuant to Chapter 19, Sections 19-10 and 19-32 of the Montgomery County Code, 1984, as amended, must submit to DEP a written request for such approval. The written request must be signed by the president or chief executive officer of the organization. The written request must set forth each of the Application Standards, as listed below, and must explain in detail how the applicant meets or exceeds each Application Standard. B. Application Standards: 1. Structure of Approved Organization: a. The organization must be incorporated under the laws of the State of Maryland and must be in good standing under said laws at the time of application. The organization must file a copy of its charter with DEP. It is the duty of the organization, once approved, to file copies of all charter amendments with DEP, and ensure that its corporate charter is not forfeited or revoked during the time it is issuing Certificates of Guarantee. b. The principal office of the organization must be located in the State of Maryland and the address must be listed on the application. c. The organization must have a resident agent, as required by Maryland Corporation Law. The organization must inform DEP on the application of the resident agent's name and address. It is the duty of the organization, once approved, to notify DEP of all changes in the resident agent's name and address. d. The organization must have adopted working by-laws, copies of which must be filed with DEP. It is the duty of the organization, once approved, to file copies of any changes to the by-laws with DEP. e. The organization must have a board consisting of not less than three (3) directors. The board of directors is responsible for setting the policy of the organization. Additionally, the board of directors is responsible for admitting new members (although it may delegate this responsibility to a specific committee), suspending or terminating existing members, approving project applications, and taking action with respect to members who are experiencing difficulty in connection with an individual project. f. The officers of the organization must be elected at least annually and must consist of at least a president and a secretary/treasurer. The president presents such matters to the board of directors (as require board approval) and controls and directs the activities and business of the organization through its executive officer and staff. The treasurer is responsible for reporting the financial condition of the organization, submitting an annual budget for the board's approval, and obtaining an annual audit of the organization's financial records. The secretary is responsible for keeping the minutes of the Board of Directors and preserving them as a permanent record. g. The organization must have an executive officer who is responsible for handling the routine or day-to-day affairs of the organization. h. The organization must employ legal counsel who is admitted to practice before the Court of Appeals of Maryland. It is the duty of the organization to notify DEP of the name, address and telephone number of its legal counsel on the application and whenever the legal counsel changes. i. The organization must maintain normal business hours, from approximately 9:00 a.m. to 5:00 p.m., five days a week, weekends and holidays excepted. The office must have a listed telephone number which is operational during business hours. j. The organization or its members must be able to demonstrate experience and technical competence in the supervision of .the construction of public and private improvements in connection with the development of property for residential, commercial or industrial use, including, without limitation; grading, street and road construction, sediment control and stormwater management (hereinafter referred to as Guaranteed Work). 2 . Meetings: a. The organization must hold its annual meeting at a date, time and place which has been communicated in writing to DEP at least twenty (20) days in advance. DEP may, at its discretion, send a representative to the annual meeting. b. The organization must hold regular meetings, on at least a monthly basis, at a date, time and place which has been communicated in writing to DEP at least ten (10) days in advance of each meeting. DEP may, at its discretion, send a representative to any or all of such meetings. c. The organization must maintain at its business office, a corporate record book which contains, inter alia, minutes of all the organization's meetings signed by the secretary. The corporate record book must be open for inspection, during business hours, to a representative of DEP. d. At the regular and annual meetings the business of the organization must include the admission of new members to the organization, suspension or termination of members of the organization, consideration and approval of applications by members for a Certificate of Guarantee and consideration of any pending Certificates of Guarantee in which the organization has been informed that a member of the organization is experiencing difficulty in construction of the Guaranteed Work. 3. Financial Responsibility: a. The organization must have monetary assets of at least 5% of the total amount of the outstanding Certificates of Guarantee. The cost of the Guaranteed Work is as set forth in the permit issued by Montgomery County. b. The organization must hold the aforesaid monies, in a federally or state insured interest-bearing account as determined by the board of directors. c. The organization must, at the request of DEP, from time to time, promptly inform DEP of the amount of monies being held by the organization and the manner in which said monies are being held. d. The organization must employ a certified public accountant to prepare an annual profit and loss statement. Monthly financial reports may be signed by the organization's vice-president or treasurer. A copy of these financial documents must be forwarded, upon completion, promptly to DEP. 4. Membership: a. In those cases where the organization is wholly owned by a parent corporation, the organization may require, as a condition of membership in the organization, that the member also be a member in good standing of the parent corporation. Said parent corporation may restrict membership in the parent corporation to those members who share a common business purpose, e.g., builders or developers, provided said restriction has a rational basis, and further provided there is no discrimination among prospective members based on race, creed, color, sex, age or national origin. C. Review and Approval of Applications by DEP: Upon receipt of the written application from an organization for approval to issue Certificates of Guarantee, and upon receipt of any and all additional information which DEP may reasonably require, DEP must, within thirty (30) days, notify the applicant, in writing, of the director's decision. Any decision not to approve an organization must contain a written explanation of the reason or reasons for disapproval. Any organization aggrieved by the Director's decision may submit further written material to the director in writing within ten (10) days from receipt of the decision of disapproval. Upon reconsideration by the Director a written decision must be issued to the organization, in writing, within fifteen (15) days after receipt of the written materials. The decision of the Director is final except for further judicial review otherwise provided by law. This regulation will take effect 30 days after the date of adoption by the County Council. Under procedures authorized in Chapter 19, Article I entitled "Erosion and Sediment Control," Sections 19-10 and 19-17, and in Chapter 2A, Section 2A-15, of the Montgomery County Code 1972, as amended, the following Executive Regulation pertains to Sediment Control Plans and all land disturbing activities as defined by Chapter 19. Definitions of the terms used in these Regulations are provided in Chapter 19, Sections 19-1 and 19-21. All land disturbing activities and sediment control plans must comply with these Rules and Regulations. Any violation of these provisions is a violation of Chapter 19. A person must not violate the provisions of Chapter 19 or these Rules and Regulations. General Administration - Erosion and Sediment Control Plans A. The plans submitted by the Applicant must be designed to minimize sedimentation on any off-site property, and in storm drains and watercourses. The plans must show on-site grading and drainage control designed in a manner to prevent off-site property damage. The review of sediment control plans may include on-site field evaluation. B. The Department must not approve any plan unless the plan meets the provisions of Chapter 19 and these Rules and Regulations. If the plan is not approved as submitted, the Department must give timely written notification of the deficiencies to the applicant. C. Erosion and Sediment Control plans for specific sites must be prepared by a professional engineer or land surveyor unless prior written approval of preparation by another person has been granted by the Department. D. In addition to approval by the department, the Maryland National Capital Park and Planning Commission (M.N.C.P.P.C) must approve erosion and sediment control plans for facilities that are to be located on property owned by or to be dedicated to the M.N.C.P.P.C.. E. The following information, proposals, and supporting certifications must be submitted with the Erosion and Sediment Control (SC) Plans. The SC plan must be submitted with 2 prints for review. Other information may be submitted as separate items as per the checklist below. A reproducible must be submitted once the plan is ready to be approved. Items may be added to or deleted from this list if deemed necessary by the Department. 1. Sediment Control Application (retain pink copy for applicant's record) 2. 1F-1 form 3. Vicinity sketch, legend, scale, north arrow (Show on SC plan). 4. Title block by subdivision name, lot, block or other legal descriptive title (Show on SC plan). 5. Boundary line outline, ownership and total acreage of property for which work is to be performed. (Show on SC plan, where applicable). 6. Delineation of total area to be disturbed (Show on SC plan). 7. Existing and proposed elevations and contours on the site. A 2' contour interval must be used, unless otherwise specified by the plan approval agency. (Show on SC plan). 8. Existing and proposed improvements to the property; including, but not limited to: streets, parking lots, utility installations, buildings, retaining walls, and other structures (Show on SC plan). 9. Delineation of the 100-year floodplain. No fill or permanent structures are permitted within the confines of the 100-year floodplain without a floodplain district permit (Show on SC plan). 10. Grade establishment plans and profiles for public streets, where applicable, as submitted to the Montgomery County Department of Transportation (1 copy). 11. Storm drainage study including drainage area map, computations, and scale. Delineate contributory subdrainage areas within and outside of the site. Indicate the flow of a 10 year storm (Q10) for any area served by an existing or proposed on-site drain or channel (2 copies). 12. Show how all storm drainage is handled. Where public storm drainage is involved, Montgomery County Department of Transportation must review for issuance of storm drainage permits. Show receiving channel profile and typical cross-section. Indicate velocity of Q10 storm flows at pipe outfalls, outfall structures and receiving channels at the property line. Show existing and proposed contours for a minimum of 100 feet below storm drain outfalls (show on SC plan). 13. On projects requiring on-site stormwater management, the Stormwater Management Rules and Regulations adopted pursuant to Article II of this Chapter apply. 14. Sediment control measures must be designed to minimize erosion and off-site sedimentation from start of land disturbance to establishment of permanent stabilization. Sediment control measures must be located so that construction during the approved phase will not interfere with the function of that measure. (Show on SC plan). 15. Sediment control measures must not be constructed within 20 feet of any building foundation. A building permit must not be issued for construction within 20 feet of a sediment control measure unless removal of the measure is approved by the Department. (show on SC plan). 16. The plan must include a construction sequence that requires clearing for, installation and approval of required sediment control measures prior to commencing any other land disturbing activity. Installation of storm drainage, utility construction, installation/conversion of stormwater management structures, temporary and permanent stabilization must be included in the sequence with other construction activities. The sequence must specify removal of sediment control measures only with prior inspection and permission. (show on SC plan). 17. Temporary diversion of all storm drain outfalls into sediment trapping devices is encouraged. Diversion is required when the off-site drainage area to a storm drain system does not exceed 50% of the on-site drainage area to that system. This requirement may be waived if the Department determines that site conditions make the practice impossible (show on SC plan). 18. Sediment control measures must be detailed on the drawings in accordance with the Standards and Specifications (show on SC plan). 19. On projects incorporating sediment basins, the following information must be submitted: a. Specific location of the dam (show on SC plan); b. Plan view of the dam and the storage basin (show on SC plan); c. Cross section and profile of dam, emergency spillway, and principal spillway. (show on SC plan); d. Specific details, notes, and construction specifications (show on SC plan); and e. Run-off calculations for 10-year storm (show on design data sheet similar to that shown in the Standards and Specifications). 20. Temporary sediment basins and traps that pond water greater than nine (9) feet in width and eighteen (18) inches in depth must be surrounded by safety fence at least forty-two (42) inches in height with openings not greater than three (3) inches in width. This fence must be firmly anchored to posts no more than eight (8) feet apart and constructed in a manner to prevent sagging. (Show on SC plan). 21. Shoring, retaining walls, and other devices to safeguard public streets, alleys, or other properties or persons must be designed by a professional engineer, and meet accepted engineering standards. Federal regulations governing excavations, trenching, and shoring must be followed in the design of these supporting systems. 22. Erosion and Sediment Control Plans must include the following certifications: a. Owner/Developer's Certification: which certifies that all activities covered by the sediment control permit will be done in conformance with tne approved plan and that there will be a person responsible for sediment control on the construction project who has a current certificate of training at a Maryland Department of the Environment approved training program for the control of sedimentation and erosion. The certification must be dated and signed by the owner/developer. (Show on SC plan). b. Design Certification: which certifies that the plan has been prepared in accordance with the Standards and Specifications, and the Montgomery County Erosion and Sediment Control Rules and Regulations. The certification must be dated and signed by the professional engineer or land surveyor and registration number given. (Show on SC plan) c. Certification of cut and fill and disturbed area: which certifies the estimated amounts of fill, cut and disturbed area as shown on the approved plan. The certification must be dated and signed by the professional engineer or land surveyor and registration number given. (Show on SC plan). 23. Where protection of specimen trees and/or other vegetation is required, it must be shown on the plan. The method of protection must be specified with a detail or excerpt from the Standards and Specifications given (show on SC plan). 24. A temporary stabilization note must be placed on the plan that conforms with the requirements of paragraphs G and H of 19.10.02.04 of these Rules and Regulations (Show on SC Plan). 25. After the plan has been reviewed by the Department, the owner must be notified in writing as to fee and bond required. The appropriate forms for bonding and easement will be mailed, along with the fee and bond notice. 26. When the above requirements have been satisfied and the plan is approved, three (3) sets of prints (4 sets if stormwater management plans are required) must be submitted to the Department prior to issuance of permit. F. The Department may waive the requirement for scale plans or drawings if proposed land disturbing activity will comply with the limitations of the Small Land Disturbing Activities Agreement. Those limitations are as follows: 1. The property must not be disturbed more than 20,000 square feet for commercial, or 30,000 square feet for residential development at any one time; 2. Proposed impervious surfaces on the property must not total greater than 15,000 square feet; 3. Volume of earth movement on the property must be less than 1,000 cubic yards; and 4. No more than 3 contiguous lots or parcels must be approved for development at one time under one ownership through use of this agreement. A. The permittee must notify the Department 48 hours before commencing any land disturbing activity and, unless waived by the Department, is required to hold a pre-construction meeting between the permittee or representative and an authorized representative of the Department. B. The permittee must: (1) construct all erosion and sediment control measures as per the approved plan; (2) have them inspected by the Department prior to beginning any other land disturbances; (3) ensure that all runoff from disturbed areas is directed to the sediment control devices; and (4) obtain permission from the department prior to removal of any erosion or sediment control measure. C. The permittee must direct water run-off from any land disturbing activity through an approved sediment control measure. D. The permittee must protect all points of construction ingress and egress to prevent the deposition of materials onto traversed public thoroughfare(s). This may be accomplished by installing and maintaining a stabilized construction entrance, or by washing all vehicle wheels in a safe disposal area. All materials deposited onto public thoroughfare(s) must be removed immediately. E. The permittee must periodically inspect and maintain all erosion and sediment control measures in continuously effective condition until they are removed with permission from the Department. F. The permittee must fence the perimeter of all temporary sediment basins or traps, which pond water in a pool greater than nine (9) feet in width or eighteen (18) inches in depth, with a safety fence greater than forty-two (42) inches in height and openings no greater than three (3) inches in width. The fence must be firmly anchored to posts no more than eight (8) feet apart and be constructed to prevent sagging. G. All slopes steeper than 3:1, basin or trap embankments, and perimeter dikes must be stabilized with sod, seed and anchored straw mulch, or other approved stabilization measures, within seven (7) calendar days of establishment. Areas disturbed outside of the perimeter sediment control system must be minimized and immediately stabilized. Maintenance must be performed as necessary to ensure continued stabilization. H. The permittee must apply sod, seed and anchored straw mulch, or other approved stabilization measures to all disturbed areas within fourteen (14) calendar days after stripping and grading activities have ceased on that area. Maintenance must be performed as necessary to ensure continued stabilization. Active construction areas, such as borrow or stockpile areas, roadway improvements, and areas within fifty (50) feet of a building under construction, may be exempted from this requirement, provided that erosion and sediment control measures are installed and maintained to protect those areas. During the months of November through February, when seeding and sodding are found to be impractical, an approved anchored mulch must be applied. In these cases, seeding must be completed prior to the following April 15. I. Prior to removal of sediment control measures, the permittee must stabilize all contributory disturbed areas using sod or an approved permanent seed mixture with required soil amendments and an approved anchored mulch. Wood fiber mulch may only be used in seeding season where the slope does not exceed 10% and grading has been done to promote sheet flow drainage. Areas brought to finished grade during the seeding season must be permanently stabilized within fourteen (14) calendar days of establishment. When property is brought to finished grade during the months of November through February, and seeding and sodding is found to be impractical, an approved anchored mulch must be applied to critical areas. The final permanent stabilization must be completed prior to the following April 15. J. The Department must inspect all permitted land disturbing activity, except where waived under Chapter 19, Subsection 19-12(g), and may require the permittee to obtain testing, special inspections, and professional certification, and/or to submit "as-built" plans to ensure that construction has been done in conformance with provisions of the approved plan and applicable standards and specifications. Where testing, special inspections, and professional certification, or "as-built" plans are required, reports documenting acceptability of the work must be submitted to the Department within a specified time. K. The Department must withhold issuance of a completion certificate for release of the performance bond or other instrument for those projects requiring testing, special inspection, professional certification, and "as-built" plans until all of the above have been accepted by the Department. L. When the approved erosion and sediment control plans include sediment basins, inspection is required at the following stages of construction: 1. Stripping of area under embankment; 2. Core trench excavation; 3. Installation of riser and pipe spillway; 4. Backfill of riser and pipe spillway; 5. Emergency spillway construction; 6. Outlet protection; and 7. Final stabilization. Additional inspections may be required if needed to assure compliance with the approved plan and specifications. Construction must not proceed to the next stage until each inspection has been made and approved by this Department or inspected and certified as provided for in Chapter 19, Subsection 12(g). In either case, this Department must be notified twenty-four (24) hours prior to each required inspection. M. The site, work, materials, plans, and test reports must be available at all times for inspection by duly authorized officials of Montgomery County. N. Surface flows over cut and fill slopes must be controlled by either re-directing flows from traversing the slopes or by installing mechanical devices to lower the water downslope without causing erosion. Dikes must be installed and maintained at the top of cut or fill slopes until the slope and drainage area are fully stabilized. O. Permanent swales or other points of concentrated water flow must be stabilized with sod, or seed with an approved erosion control matting. P. Temporary sediment trapping devices must be removed within thirty (30) calendar days following establishment of permanent stabilization in all contributory drainage areas. Stormwater management structures used temporarily for sediment control must be converted to the permanent configuration within this time period as well. A. No permanent cut or fill slope with a gradient steeper than 3:1 is permitted in lawn maintenance areas. A slope gradient of up to 2:1 is permitted in low maintenance areas provided that those areas are indicated on the erosion and sediment control plan with a low-maintenance ground cover specified. Slope gradient steeper than 2:1 is not permitted with vegetative stabilization. B. The permittee must provide transition into the grade of the adjoining property at or before the boundary line. An exception may be given where a retaining wall is properly designed and built entirely on the property of the owner who creates the grading, or where that owner has a letter of authorization from the adjoining property owner to extend the slope into the adjoining property. A. The permittee must not create a fill which causes water to pond on off-site or adjacent property, unless the fill is associated with an approved temporary sediment control structure, permanent stormwater management structure, or planned landscape structure. The permittee must first obtain ownership or easement for that use from the owner of the off-site or adjacent property. B. The permittee must install a splashblock at the bottom of each downspout unless the downspout is connected by a drain line to an acceptable outlet. C. For finished grading, the permittee must provide adequate gradients so as to: (1) prevent water from standing on the surface of lawns more than twenty-four (24) hours after the end of a rainfall, except in swale flow areas which may drain as long as forty-eight (48) hours after the end of a rainfall, and (2) provide positive drainage away from all building foundations or openings The following design criteria are acceptable for use, and must be referenced or shown on plans submitted to the Department: A. The "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control," or any subsequent revisions; B. Storm Drain Design Standards and Specifications, by the Washington Suburban Sanitary Commission; C. Interim Storm Drain Design Criteria, by the Montgomery County Department of Transportation; D. SCS, Maryland Standards and Specifications for Ponds, Practice Code 378, revised; E. SCS Technical Release No. 55, Urban Hydrology for Small Watersheds; F. SCS Engineering Field Manual; and G. Interim Hydraulic Criteria for Design of Highways, by the Maryland State Highway Administration. This Executive Regulation will take effect 30 days after the date of adoption by the County Council.

1.1 On November 20, 2001, the County Council amended County law regarding storm water management facilities by enacting revisions to Sections 19-20 through 19-35 of the Montgomery County Code. These amendments create a loan program to help property owners upgrade their storm water management facilities to meet approved design standards. The countywide storm water program will provide publicly funded maintenance to replace private maintenance for the facilities that have been improved through County loans and subsequently accepted by the County for continued maintenance. The loan program, which is to be administered by the Department of Environmental Protection ("DEP" or the "Department"), is designed to promote a countywide storm water maintenance program. These amendments enable the County to comply with the requirements of the NPDES (National Pollutant Discharge Elimination System) permit, issued to the County under the authority of the federal Clean Water Act. 2.1 Use of Funds The principal use of funds from the Storm Water Management Loan Program (the "Program") is to facilitate the repair and upgrade of storm water management structures belonging to private property owners by helping the owners restore the structures to their originally approved design standards or better if required under existing law or agreed to by the County and the property owner. The funds may also be used to help repair any property damage associated with the restoration or upgrade of a storm water management structure. Once this is accomplished, borrower must enter into an agreement with the County providing for the restored structure to subsequently be publicly maintained under the County-wide storm water management program. 2.2 Limitations on Use of Funds The use of funds from the Storm Water Management Loan Program, as described in Section 2.1, is subject to the following limitations: a. The proposed scope of work must be pre-approved by DEP. b. Before authorizing direct disbursement of any payments due to a contractor that the borrower has hired to upgrade a storm water management facility under an agreement created solely between the borrower and the contractor, DEP must confirm that the contractor has either performed or made satisfactory progress toward performing the pre-approved repairs and maintenance work correctly and in accordance with the agreed upon scope of work. c. The County must make loan payments directly to the contractor on a draw down schedule consisting of installments. The first installment of 25 percent of the total sum due under the contract is payable only after the County receives a request for payment from the borrower in a form approved by the County and the Department has verified that the contractor has ordered materials and begun performance. The remaining installments are payable at various completion stages under the agreed upon scope of work. In each instance, the borrower must request payment from the County and the Department must verify that the contractor has performed each repair or maintenance task correctly before the County may authorize a payment to the contractor. d. Any contractor that a borrower hires to upgrade a storm water management facility must execute a performance bond naming Montgomery County as the obligee before the County may pay the contractor under the Program. e. A borrower must not use County funds to pay for a contractor's unanticipated costs. All cost overruns are the responsibility of the borrower, not the County. 2.3 Application Procedures The Director approves and denies loans for property owners who apply for funds under the Storm Water Management Loan Program. The Director may delegate this authority. Applications must be submitted in writing in a form approved by the Department and forwarded, along with the financial information described in Section 2.6, to the following address: Director Department of Environmental Protection 255 Rockville Pike, Suite 120 Rockville, Maryland 20850 2.4 Lending Standards When reviewing applications for the use of funds from the Storm Water Management Loan Program, the Director must consider the following factors: a. Existing commitments for use of the funds; b. The existence and expectation of funds projected to be available in the program; c. The degree to which the proposed use of funds will further DEP's storm water quality and quantity control goals; d. Financial requirements and capacity to repay the loan as described in Section 2.6; and e. Other factors that the Director deems consistent with Department goals of preparing storm water management facilities for public maintenance. 2.5 Priorities a. The Director may give priority to loan applicants who propose to upgrade the following facilities and structures: (1) Ponds with structural problems that prevent them from functioning as designed (e.g., dry ponds that are full of water, wet ponds that are leaking); (2) Dams classified as high or significant hazards with structural problems involving the dam or pond controls that could cause an increased potential for failure; (3) Underground structures (metal pipes especially) with structural problems that could cause a parking lot to collapse and cause injuries or significant property damage; (4) Structures with other safety problems; (5) Larger ponds (i.e., drainage area larger than 50 acres) with structural problems; and (6) Smaller facilities with structural defects in the pipes, controls, concrete structures or embankment. b. In addition to the priorities described in this Section, the Director may take into account the size of the drainage area served by a storm water facility and may also approve loans for applicants to upgrade other types of facilities and structures, including the following: (1) Facilities with a great pollution potential if not repaired and maintained. (This category includes old oil grit separators, because of the limited storage provided and the nature of collected road and parking lot pollutants.) (2) Nonfunctioning structures that offer real opportunity for environmental improvements through repair or replacement (i.e., wetland habitat potential). (3) Wet ponds that create temperature discharge problems for temperature sensitive downstream waters. (4) Structures, as determined by the Department, where abandonment, or removal is environmentally and economically prudent. 2.6 Financial Requirements a. Funds to be disbursed under this program are available to property owners who demonstrate, to the satisfaction of the Director, that they are able to repay the loan. The Director must not approve a loan application unless the Director finds that an applicant's credit record, if applicable, includes the following information: (1) The income generated or potentially generated by the applicant; (2) The current expenses or anticipated expenses of the applicant; (3) The amount of any outstanding loans and the monthly payments required to repay the loans; (4) Other financial resources that the applicant indicates are available to repay the loan; (5) The ability of the applicant to generate additional fees or contributions to repay the loan; (6) The credit history of the applicant, if applicable; and (7) The collateral that the applicant is willing to offer as security. b. The applicant must furnish the following financial information when submitting the loan application to DEP for review: (1) Financial statements, which at a minimum include a Statement of Position (i.e., balance sheet) and a Statement of Operations (i.e., income statement) for the most recent fiscal year, preferably accompanied by an independent public accountant's report; (2) An itemized budget reflecting revenues and expenditures for the current fiscal year, and next fiscal year, if available; (3) Descriptions and cost estimates of the repairs and maintenance work needed to restore the facility; (4) A description and estimated value of collateral that the applicant is willing to offer as security. (5) Copies of federal and state tax returns for the 3 previous years, if applicable; (6) Proof of other financial resources available to repay the loan; and (7) Any other financial information that the Director may from time to time deem necessary to adequately assess the creditworthiness of loan applicants. c. Common ownership communities. Subsection b(l) is not applicable if the borrower is a common ownership community such as a condominium or homeowners association. For a common ownership community association to be eligible for a loan under the Program, the association's governing documents must not prohibit the association from assiging special assessments or monthly assessment income as collateral for the loan. 2.7 Loan Terms and Conditions a. The maximum repayment term for any loan under the Storm Water Management Loan Program is 10 years. b. Loans made available through the Program carry an interest rate equal to the County's current rate of earnings on invested funds on the day that the loan is approved, plus an additional one percent to cover administrative costs. The interest rate must remain constant for the full term of the loan. c. Borrowers must make all payments according to the time and frequency schedule stipulated in the loan agreement. d. The Director must not forgive a loan. However, the Director may defer payments when a borrower demonstrates, to the satisfaction of the Director, a sufficient temporary hardship to significantly impede the borrower's ability to make timely payments. The Director may approve a deferral request for a period not to exceed 6 months. The Chief Administrative Officer must approve any subsequent deferral of the same loan. e. During any period of deferment, the borrower has the option to: (1) continue paying the accrued interest while only the principal of the loan is deferred; or (2) defer both the principal and the interest so that the deferred interest continues to accrue during the deferment period. 2.8 Appeals An applicant whose loan request is denied for any reason other than insufficient funds in the Program to approve the request may make a formal request for reconsideration of the decision to deny the loan by filing an appeal in writing with the Director within 30 days after the applicant receives written notification that the loan was not approved. The Director must review the request for reconsideration and render a final written decision on behalf of the County within 30 days after receiving the appeal. 2.9 Loan Nonpayment or Default The Director must forward any loan that the Director deems to be in default under the terms of the loan agreement to the Office of the County Attorney within one month after the date of the default to initiate collection efforts.

In accordance with procedures authorized in Chapter 19, entitled "Erosion and Sediment Control and Stormwater Management," Section 19-31, and in chapter 2, Section 2-105, of the Montgomery County Code 1984, as amended (hereinafter referred to as "the Code"), and in compliance with Sections 8-11A-01 through 8-11A-08, Natural Resources Article, Annotated Code of Maryland, and with COMAR 08.05.05.01 through 98.95.05.10, the following Executive Regulation will pertain to all applications for Preliminary Plan approval, Record Plat approval, building permit issuance for new construction, sediment control/stormwater management plan approval and sediment control permits, and to performance bond requirements, required maintenance easements and agreements, maintenance of on-site facilities, and stormwater management participation, and appeal procedures. A. Requirements In accordance with Chapter 19, Section 19-25, when a waiver of onsite stormwater management is granted, the applicant is required to make a monetary contribution in accordance with the contribution schedules under Item B of this Section for water quantity control or water quality control or both or as agreed to by the County and the developer, or is required to grant an easement and/or the dedication of land for a stormwater management facility. B. Contribution Schedules 1. Water Quantity (Rate) Control Where the applicant has obtained a waiver of the onsite SWM requirement for water quantity (rate) control and is required to make a monetary contribution to the County, the following schedules are used to determine the amount of the contribution, unless the developer and the County have agreed that the applicant may make a greater alternate contribution: a. Contributions made prior to July 1, 1991: General Quantity (Rate) Control Contribution Schedule In the following residential zones, for single-family detached dwellings, except MPDU's, the following fee schedule applies: Zone Fee Per Each Lot RE-2C $360.00 RE-1 360.00 R-200 (also R-R) 730.00 R-200, Cluster-option 540.00 R-150, D.C.-option 700.00 R-150, Cluster-option 590.00 R-90 600.00 R-90, Cluster-option 490.00 R-60 530.00 R-60, Cluster-option 450.00 For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies: Percent Impervious Fee Per Each Acre 10% $ 360.00 20% 890.00 30% 1530.00 40% 2140.00 50% 3000.00 60% 4440.00 70% 6960.00 80% 10060.00 90% 14240.00 100% 19000.00 b. Contributions made from July 1, 1991 to June 30, 1992 General Quantity (Rate) Control Contribution Schedule In the following residential zones, for single-family detached dwellings, except MPDU’s, the following fee schedule applies: Zone Fee Per Each Lot RE-2C $ 630.00 RE-1 630.00 R-200 (also R-R) 1210.00 R-200, Cluster-option 890.00 R-150, D.C.-option 1150.00 R-150, Cluster-option 970.00 R-90 950.00 R-90, Cluster-option 770.00 R-60 810.00 R-60, Cluster-option 700.00 For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies: Percent Impervious Fee Per Each Acre 10% $ 630.00 20% 1550.00 30% 2520.00 40% 3320.00 50% 4500.00 60% 6720.00 70% 10980.00 80% 16280.00 90% 23620.00 100% 32000.00 c. Contributions made on or after July 1, 1992: General Quantity (Rate) Control Contribution Schedule In the following residential zones, for single-family detached dwellings, except MPDU’s, the following fee schedule applies: Zone Fee Per Each Lot RE-2C $ 900.00 RE-1 900.00 R-200 (also R-R) 1700.00 R-200, Cluster-option 1250.00 Zone Fee Per Each Lot R-150, D.C.-option 1600.00 R-150, Cluster-option 1350.00 R-90 1300.00 R-90, Cluster-option 1050.00 R-60 1100.00 R-60, Cluster-option 950.00 For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies: Percent Impervious Fee Per Each Acre 10% $ 900.00 20% 2200.00 30% 3500.00 40% 4500.00 50% 6000.00 60% 9000.00 70% 15000.00 80% 22500.00 90% 33000.00 100% 45000.00 d. Contributions for those properties developed in a TDR receiving area zone are to be based on the residential zone whose permitted minimum lot size is closest in size to that of the lot size as approved on the site plan or at subdivision in the TDR receiving area zone. e. For any percentage of imperviousness not listed, the calculations are to be interpolated. f. Percentage of imperviousness is determined for the area being developed only, and does not include areas dedicated on a plat to open space. g. For land that was granted a waiver based on an offsite SWM facility that has been constructed, programmed, or identified for construction in the County Six Year Capital Improvements Program, the amount of the contribution will be 60% of the rates listed in the contribution schedules. The same rate applies to any contribution required for a single-family residence when the building is to be used as a dwelling place for the applicant’s own use as described in Section 31C-11(c), the Montgomery County Code, 1984, as amended. 2. Water Quality Control Except when exempt by law, where the applicant has either received a waiver of water quality control or is not required to provide water quality control for any reason, the following schedules must be used to determine the amount of a contribution, unless the applicant and the County have agreed that the applicant may make a greater alternate contribution. a. Contributions made prior to July 1, 1991 Water Quality Control Contribution Schedule Percent Impervious Contribution Per Each Acre 10% $ 80.00 20% 90.00 30% 380.00 40% 580.00 50% 970.00 60% 1590.00 70% 2210.00 80% 3030.00 90% 3590.00 100% 4670.00 b. Contributions made from July 1, 1991 to June 30, 1992 Water Quality Control Contribution Schedule Percent Impervious Contribution Per Each Acre 10% $ 170.00 20% 190.00 30% 690.00 40% 1042.00 50% 1730.00 60% 2790.00 70% 3850.00 80% 5270.00 90% 6050.00 100% 7330.00 c. Contributions made on or after July 1, 1992 Water Quality Control Contribution Schedule Percent Impervious Contribution Per Each Acre 10% $ 250.00 20% 370.00 30% 1000.00 Percent Impervious Contribution Per Each Acre 40% 1500.00 50% 2500.00 60% 4000.00 70% 5500.00 80% 7500.00 90% 8500.00 100% 10000.00 d. For any percentage of imperviousness not listed, the calculations are to be interpolated. e. Percentage of imperviousness is determined for the area being developed only, and does not include areas dedicated on a plat to open space. f. For land that was granted a waiver based on an offsite SWM facility that has been constructed, programed, or identified for construction in the County Six Year Capital Improvement Program, the amount of the contribution will be 60% of the rates listed in the contribution schedules. The same rate applies to any contribution required for a single-family residence when the building is to be used as a dwelling place for the applicant’s own use as described in Section 31C-11(c) of the Code. The contribution required must not exceed the cost of providing onsite SWM. In such cases where the applicant can provide evidence, acceptable to DEP, that onsite SWM can be provided at a lower cost (including the cost of land and long term maintenance) than the required contribution, the Director will adjust the contribution to be no greater than the applicant’s estimated cost (including land cost and long term maintenance) of providing onsite SWM. By mutual agreement of the applicant and the Director, and when the applicant has obtained a waiver of the required onsite SWM, DEP (or MNCPPC when the site is on parkland) may accept the dedication of land, other specific improvements, or an easement for the construction, operation, and maintenance of an offsite SWM facility in lieu of a portion of or all of the monetary contribution. For land that was granted a waiver of onsite stormwater management prior to the effective date of this executive regulation the amount of contribution will be based on the previously adopted schedules, provided that the contribution is paid by July 1, 1991. If the contribution is not paid by that date, the amount will be in accordance with the current schedule as adopted by this regulation. This Executive Regulation takes effect 30 days after the date of adoption by the County Council.

A. Authority. In accordance with the authority conferred under Chapter 19, Section 19-35, of the Montgomery County Code, 2014, as amended (hereinafter referred to as the "Code"), the County Executive hereby promulgates this regulation for the purpose of implementing the County's Water Quality Protection Charge as set forth in Chapter 19 of the Code. B. Applicability. This regulation applies to all owners of residential property and nonresidential property in Montgomery County, Maryland. The definitions of the terms used in this regulation are provided in Chapter 19, Section 19-21, of the Code. For purposes of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation unless the context indicates otherwise: Agricultural Property means a property that is used primarily for agriculture, viticulture, aquaculture, silviculture, horticulture, or livestock and equine activities; temporary or seasonal outdoor activities that do not permanently alter the property’s physical appearance and that do not diminish the property’s rural character; or activities that are intrinsically related to the ongoing agricultural enterprise on the property. Base Rate means the annually designated dollar amount set by the County Council to be assessed for each equivalent residential unit of property that is subject to the Water Quality Protection Charge. Condominium means a property that is subject to the condominium regime established under the Maryland Condominium Act. Director means the Director of the Montgomery County Department of Environmental Protection or the Director's designee. Eligible Nonprofit Property means real property owned by a 501(c)(3) nonprofit organization that is listed with the Maryland Department of Assessments and Taxation as exempt from ad valorem property taxes under State law. Equivalent Residential Unit or ERU means the statistical median of the total horizontal impervious area of developed single family detached residences in the County that serves as the base unit of assessment for the Water Quality Protection Charge. The designated ERU for Montgomery County equals 2,406 square feet of impervious surface. Multifamily Residential Property means a mobile home park or a residential building where one or more dwelling units share a common entrance from the outside with other dwelling units that are arranged above, below or next to one another in the same building, and any housing unit that is subject to the condominium regime established under the Maryland Condominium Act. Parking Lot means any area that is intended for parking of motor vehicles. Treatment or Treat means: (1) the improvement of stormwater runoff quality; (2) the reduction of runoff volume; (3) the reduction of peak flow; or (4) any combination thereof using Best Management Practices, Environmental Site Design, Stormwater Management Facilities, or any other practice providing measurable pollutant reduction, runoff volume reduction, or peak flow reduction. Treatment measures must be designed in accordance with the Department of Permitting Services design specifications and the 2000 Maryland Stormwater Design Manual and any subsequent revisions thereto. Treatment as defined and applied herein and Chapter 19, Article II of the Montgomery County Code is separate and distinct from the measures used to prevent erosion and provide for sediment control as set forth in Chapter 19, Article 1 of the Montgomery County Code. Water Quality Protection Charge or Charge means an excise tax levied by the Director of Finance to cover the cost of constructing, operating, and maintaining facilities within the County's stormwater management system and fund related expenses allowed under applicable state law based on the impact of stormwater runoff from the impervious areas of developed land in the County. For purposes of determining the appropriate assessment rate, all properties that are subject to the Water Quality Protection Charge are assigned to one of the following classifications: A. Single Family Residential Tier 1 (SFR1): For single family residential properties where the estimated total impervious area is greater than 0 square feet and less than or equal to 1,000 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water. B. Single Family Residential Tier 2 (SFR2): For single family residential properties where the estimated total impervious area is greater than 1,000 square feet and less than or equal to 1,410 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water. C. Single Family Residential Tier 3 (SFR3): For single family residential properties where the estimated total impervious area is greater than 1,410 square feet and less than or equal to 3,412 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water. D. Single Family Residential Tier 4 (SFR4): For single family residential properties where the estimated total impervious area is greater than 3,412 square feet and less than or equal to 3,810 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water. E. Single Family Residential Tier 5 (SFR5): For single family residential properties where the estimated total impervious area is greater than 3,810 square feet and less than or equal to 5,815 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water. F. Single Family Residential Tier 6 (SFR6): For single family residential properties where the estimated total impervious area is greater than 5,815 square feet and less than or equal to 6,215 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water. G. Single Family Residential Tier 7 (SFR7): For single family residential properties where the estimated total impervious area is greater than 6,215 square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by water. H. Multifamily residential property: For multifamily residential properties the impervious area includes the residential structures that contain the dwelling units, the sidewalks, parking lots and any other permanent installations on the developed parcel, whether under single or common ownership, that is impenetrable by water. I. Nonresidential property: Nonresidential properties may include commercial properties such as office buildings, hotels, retail establishments or industrial properties such as factories and warehouses. Nonresidential properties may also include properties owned by homeowner associations, nonprofit organizations, and any government-owned properties subject to the Charge. The impervious area for these properties includes all buildings, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations. J. Nonprofit Tier 1 (NP1): For eligible nonprofit property where the estimated total impervious area is greater than 0 square feet and less than or equal to 6,910 square feet and includes all buildings, driveways, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations. K. Nonprofit Tier 2 (NP2): For eligible nonprofit property where the estimated total impervious area is greater than 6,910 square feet and less than or equal to 54,455 square feet and includes all buildings, driveways, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations. L. Nonprofit Tier 3 (NP3): For eligible nonprofit property where the estimated total impervious area is greater than 54,455 square feet and includes all buildings, driveways, parking lots, sidewalks, and any other impermeable installations permanently attached to the land parcel containing those installations. M. Agricultural property: The impervious area for agricultural properties only includes the houses on those properties and is assessed in accordance with the Single Family Residential Tier classification. A. Single family residential properties: The Charge for each single family residential property is based on a percent of the base rate for one ERU in accordance with its assigned tier classification as follows: (1) Single Family Residential Tier 1 (SFR1): The Charge for each Single Family Residential Tier 1 property is 33 percent of the applicable base rate for one ERU. (2) Single Family Residential Tier 2 (SFR2): The Charge for each Single Family Residential Tier 2 property is 50 percent of the applicable base rate for one ERU. (3) Single Family Residential Tier 3 (SFR3): The Charge for each Single Family Residential Tier 3 property is 100 percent of the applicable base rate for one ERU. (4) Single Family Residential Tier 4 (SFR4): The Charge for each Single Family Residential Tier 4 property is 150 percent of the applicable base rate for one ERU. (5) Single Family Residential Tier 5 (SFR5): The Charge for each Single Family Residential Tier 5 property is 200 percent of the applicable base rate for one ERU. (6) Single Family Residential Tier 6 (SFR6): The Charge for each Single Family Residential Tier 6 property is 250 percent of the applicable base rate for one ERU. (7) Single Family Residential Tier 7 (SFR7): The Charge for each Single Family Residential Tier 7 property is 300 percent of the applicable base rate for one ERU. B. Multifamily residential properties: The Charge for each multifamily residential property is based on the number of ERUs assigned to the property in accordance with the following procedure: (1) The Director determines the number of ERUs for a multifamily residential property by dividing the property's actual impervious area by the designated ERU for Montgomery County. (2) The Director computes the billable Charge by multiplying the base rate by the total number of ERUs assigned to the property. (3) If the multifamily residential property is a condominium development, the Director calculates the Charge to be billed in equal shares to the owners of the development by dividing the total ERUs calculated for the property by the number of individual condominium units and then multiplying the sum by the base rate to determine the amount billable to each unit owner. C. Nonresidential properties: Except for eligible nonprofit property subject to nonprofit tier classifications under subsection D, the Charge for each nonresidential property is based on the number of ERUs assigned to the property in accordance with the following procedure: (1) The Director determines the number of ERUs for a nonresidential property by dividing the property's actual impervious area by the designated ERU for Montgomery County. (2) The Director computes the billable Charge by multiplying the base rate by the total number of ERUs assigned to the property. (3) If the nonresidential property is a condominium development, the Director calculates the Charge to be billed in equal shares to the owners of the development by dividing the total ERUs calculated for the property by the number of individual condominium units and the multiplying the sum by the base rate to determine the amount billable to each unit owner. D. Nonprofit properties: The Charge for eligible nonprofit property must not exceed the percent of the base rate for one ERU in accordance with the assigned tier classification as follows: (1) Nonprofit Tier 1 (NP1): The Charge for each nonprofit property is based on its total impervious area up to 150 percent of the applicable base rate for one ERU. (2) Nonprofit Tier 2 (NP2): The Charge for each nonprofit property is based on its total impervious area up to 900 percent of the applicable base rate for one ERU. (3) Nonprofit Tier 3 (NP3): The Charge for each nonprofit property is based on its total impervious area up to 2,300 percent of the applicable base rate for one ERU. E. Agricultural properties: The Charge for each agricultural property is based on a percent of the base rate for one ERU in accordance with the applicable Single Family Residential Tier. A. Eligibility. If a property contains a stormwater management system, the system must be maintained by the property owner exclusively and in accordance with the maintenance requirements of Section 19-28 of the Code for the property owner to be eligible to receive a credit against the Water Quality Protection Charge unless the system was built as part of a County-approved stormwater management participation project. B. Credit Awards. (1) The Director must award a credit, not to exceed 60 percent, based on the proportion of the total volume of water treatment provided by the stormwater management system relative to the environmental site design storage volume required under State law as specified in the Water Quality Protection Charge Credit Procedures Manual published by the Director and incorporated by reference as if fully set forth. The volume of treatment required will be based on the environmental site design specified in the 2000 Maryland Stormwater Design Manual, as amended. (2) A nonresidential property or a multifamily residential property must be credited for treatment of off-site drainage from other properties located within the same drainage area as that property, not to exceed 100 percent of the Charge billed to the property owner, if the stormwater management system located on the nonresidential property or multifamily residential property treats the required on-site environmental site design storage volume while at the same time providing additional storage volume for off-site drainage. The total credit will be determined by applying the percent credit of off-site property to the impervious area of that off-site property and then adding that computation to the credit for the on-site impervious area, not to exceed 100 percent of the total Charge billed to the property owner as specified in the Water Quality Protection Charge Credit Procedures Manual. (3) The owner of a property that does not contain a stormwater management system must be credited if that property is located within the same drainage area as another property that contains a stormwater management system for which the County does not perform structural maintenance or the stormwater management system was built as part of the County-approved stormwater management participation project and both properties have the same owner. However, a property owner must not receive a credit based on a calculation that exceeds the total impervious area on the property for which the credit is issued. (4) The Director must award a credit, not to exceed 80 percent, if the total volume of water treatment is provided by a stormwater management system that implements environmental site design to the maximum extent practicable. C. Application Schedule. (1) To receive the credit, the property owner must apply to the Director of Environmental Protection in a form prescribed by the Director not later than September 30 of the year that payment of the Charge is due. (2) Once approved, the credit is valid for three years. To renew the credit, the property owner must reapply to the Director in a form prescribed by the Director not later than September 30 of the year that payment of the Charge is due. D. Credit Revocation. (1) The Director of Environmental Protection may revoke a credit granted under this Section if the property owner does not continue to take the measures needed to assure that the stormwater management system remains in proper working condition by correcting any deficiencies discovered by the Director during a maintenance inspection. (2) The Director must not reinstate a revoked credit until the property owner has sufficiently corrected the deficiencies to fully satisfy the property owner's maintenance obligations under Section 19-28 of the Code. E. Appeals. (1) If the Director denies or revokes the credit, the property owner may seek review of the Director’s decision by submitting a written request for review with supporting reasons to the Director of Finance within 30 days after the date of the Director’s written decision. (2) After reviewing the decision of the Director of Environmental Protection, the Director of Finance must notify the property owner in writing of the decision to affirm or reverse the decision of the Director of Environmental Protection. The property owner may appeal the decision of the Director of Finance to the Maryland Tax Court. The appeal must be filed within 30 days after the date of the decision of the Director of Finance. A. The Director must prepare and forward to the Director of Finance the necessary data for collecting the Water Quality Protection Charge from owners of property subject to the Charge. The data must identify every parcel to be charged and include the amount of the Charge. If requested by the owner using the review and adjustment process outlined in Section 19.35.01.07 , the Director may consolidate under a single parcel any contiguous parcels owned by the same legal owner. If the Director combines two or more parcels consisting individually of at least one residential parcel and at least one nonresidential parcel, the Director must, for purposes of calculating the Water Quality Protection Charge, treat the consolidated parcel as nonresidential property. B. The Director of Finance must include the Charge as a separate line item on the real estate tax bill for each property subject to the Charge. C. The Director of Finance must deposit all payments collected under this Section into a County stormwater management fund. D. Interest on any overdue payment accrues according to the same schedule and at the same rate charged for delinquent real property taxes until the owner has remitted the outstanding payment and interest. An unpaid Charge is subject to all penalties and remedies that apply to unpaid real property taxes. Any delinquent Charge is a lien against the property. The lien has the same priority as a lien imposed for nonpayment of real property taxes. The Charge must be collected in the same manner as real property taxes. A. A property owner may request a review and adjustment of the Charge by petitioning the Director in writing, not later than September 30 of the year that payment of the Charge is due if the property owner believes that the Charge has been assigned or calculated incorrectly. B. When submitting a petition for review of the Charge, the property owner must include a detailed statement of the basis for the petition and documents supporting the property owner's assertion that the property should be assigned to a different classification, the impervious area measurements used to calculate the ERUs for the property are incorrect, or the property is not subject to the Charge under applicable law. C. Within 60 days after receiving the petition, the Director must review the Charge assigned to the property and make a written determination of whether the property owner's request for an adjustment of the Charge should be granted or denied. The Director may request additional information from the property owner that the Director reasonably believes will help the Director decide whether the property owner is entitled to an adjustment. D. If the Director concludes that the Charge was levied by mistake or resulted from an inaccurate computation, the Director must submit the corrected data to the Department of Finance with a request for an adjustment to the property owner's bill. After receiving the Director's request, the Director of Finance must make an appropriate adjustment based on the new data submitted by the Director and refund any overpayment to the property owner. E. If the Director concludes that some or all of the requested adjustment should be denied, the property owner may seek review of the Director’s conclusion by submitting a written request for review with supporting reasons to the Director of Finance within 30 days after the date of the Director’s written decision. F. After reviewing the decision of the Director of Environmental Protection, the Director of Finance must notify the property owner in writing of the decision to affirm or reverse the decision of the Director of Environmental Protection. The property owner may appeal the decision of the Director of Finance to the Maryland Tax Court. The appeal must be filed within 30 days after the date of the decision of the Director of Finance. A. Before paying the Charge, the owner of residential property that is owner-occupied, or a nonprofit organization that owns property subject to the Charge, may apply for a financial hardship exemption from the Charge by submitting a written request to the Director of Finance in a form prescribed by the Director not later than September 30 of the year when payment of the Charge is due. B. (1) To qualify for the exemption, the request submitted by an owner- occupant of residential property must be accompanied by a copy of the owner-occupant’s income tax returns indicating that the property owner’s gross household income did not exceed 170 percent of the poverty guidelines published by the United States Department of Health and Human Services for the year before payment of the Charge is due or verification that the property owner meets eligibility criteria for receiving benefits under the Maryland Energy Assistance Program for the year that payment of the Charge is due. (2) The request submitted by a nonprofit organization must be accompanied by the organization’s most recent federal tax return or other verification of total revenues derived from the property for which the exemption is sought, as required by the Director of Finance. To qualify for a partial exemption: (i) the amount of the Charge must exceed 0.2% of the organization’s total revenues from the property for which the exemption is sought for the year before payment of the Charge is due; and (ii) the property for which the exemption is sought must be exempt from real property ad valorem taxation under State law. The amount of the partial exemption is the amount of the Charge that exceeds 0.2 percent of the nonprofit’s total revenues derived from the property. C. The Director of Finance must issue a written decision to grant or deny the exemption within 30 days after receiving the request. D. Any exemption granted under this Section is only valid for the year that payment of the Charge is due. E. If the Director of Finance denies the exemption, the property owner may appeal the Director’s decision to the Maryland Tax Court. The appeal must be filed within 30 days after the date of the Director’s written decision. An owner of an improved aircraft landing area that is exempt from County property taxes under Maryland Code, Tax-Property Art., §8-302, as amended, may apply for a grant to offset all or part of the cost of the Charge by submitting a written application to the Director not later than September 30 of the year that payment of the Charge is due. If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

Certain areas of Montgomery County are subject to periodic inundation which may result in loss of life and property, risks to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief. Flood losses and associated losses are created by structures inappropriately located, inadequately elevated or otherwise unprotected and vulnerable to floods or by development which increases flood damage to other lands or development. In addition, the biological values of floodplains, particularly tidal and nontidal wetlands, can be adversely affected by floodplain development. It is the purpose of this Regulation to protect human life and health; to minimize public and private property damage; to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; to protect individuals from unwittingly buying lands and structures which are unsuited for intended purposes because of the flood hazards: to protect water supply, sanitary sewage disposal, and natural drainage; to reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding; to provide for public awareness of the flooding potential; and to provide for the biological and environmental quality of the watersheds or portions thereof located in Montgomery County. The provisions of these regulations provide a unified comprehensive approach to floodplain management which addresses requirements of the Federal and State programs concerned with floodplain management; namely, the National Flood Insurance Program and the President's Executive Order 11988 of May 27, 1977, on floodplain management, the State's Waterway Construction Permit Program, State Wetlands Permit Program, the U.S. Army Corps of Engineers' Section 10 and Section 404 permit programs; and the State's Coastal Zone Management Program. Montgomery County has the authority under the Flood Control and Watershed Management Act, Section 5-801 et seq., Environmental Article of the Annotated Code of Maryland, to control floodplain development in order to protect persons and property from danger and destruction and to preserve the biological values and the environmental quality of the watersheds or portions thereof under its jurisdiction. Montgomery County has the authority under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, to adopt and enforce floodplain management regulations which meet the requirements of Code 44 of Federal Regulations Parts 55-77, et seq., in order to participate in the National Flood Insurance Program and remain eligible for federally subsidized flood insurance, federal disaster relief, and federal and State financial assistance. The Director of the Department of Permitting Services may recommend and the County Executive may adopt written regulations for administration of the provisions of Chapter 19, Article III, "Floodplain District Requirements" of the Montgomery County Code, 2004, as amended (the Code), as specified in Section 19-45, "Regulations," of the Code. A. The Floodplain District includes all areas subject to inundation by the waters of the One Hundred (100) Year Flood. This includes all waterways for drainage areas as small as required to produce the identified inundations limits. Montgomery County has determined the drainage area to be 30 acres or greater. The source of this delineation within the County and all jurisdictions over which it maintains land use authority will be the "Flood Insurance Rate Maps" (FIRM), the "Flood Boundary and Floodway Maps", approved engineered Floodplain Studies by the Department of Permitting Services DPS and the Maryland-National Capital Park and Planning Commission (M-NCPPC) ultimate Development 100 Year Floodplain Map. The Floodplain District and the Official Floodplain Map are established with emphasis on the One Hundred (100) Year Flood Elevation where defined rather than the area graphically delineated on the Official Floodplain Maps. B. The Floodplain District will be comprised of the following subdistricts: 1. Detailed Floodplain - these areas are shown on M-NCPPC Floodplain Maps, DPS approved engineered Floodplain Studies, and/or FEMA FIRM maps or Flood Boundary and floodway maps, as Floodway and Floodway Fringe whichever gives higher water surface elevations. 2. Approximate Floodplain - those portions of land within the Floodplain District subject to inundation by the one Hundred (100) Year Flood, where a detailed study has not been performed but where a one Hundred (100) Year Floodplain Boundary has been approximated. A One Hundred (100) Year Flood elevation will be established after consideration of any flood elevation and Floodplain data available from Federal, State, M-NCPPC, or other sources. The Approximate Floodplain appears on both the "Flood Insurance Rate Maps" and "Flood Boundary and Floodway Maps" and may appear on all panels as Zone A. C. The Official Floodplain Maps will be the "Flood Insurance Rate Maps", and "Flood Boundary and Floodway maps" as prepared by the Federal Emergency Management Agency, approved engineered floodplain studies by DPS, or the M-NCPPC maps, whichever gives more stringent water surface elevations. Modification to an official Floodplain Map showing a lower water surface elevation than the "Flood Boundary and Floodway Maps" must be approved by the Federal Emergency Management Agency and the Federal Insurance Administration. Applicant must obtain an approved Letter of Map Amendment (LOMA) or Conditional Letter of Map Revision (LOMR) from the Federal Emergency Management Agency prior to the issuance of a building permit. D. Any references in these regulations to Flood Insurance Study and Flood Insurance Rate Maps shall mean the most recent effective Flood Insurance Study (FIS) and Digital-Flood Insurance Rate Maps (D-FIRM) for Montgomery County prepared by the Federal Emergency Management Agency. In order to prevent excessive damage to buildings and structures, the following restrictions will apply to all new construction and substantial improvements to existing structures and filling occurring in the Floodplain District. In the event a proposed building, structure, or substantial improvement is sited in two different subdistricts or in a subdistrict with two different one Hundred (100) Year Flood elevations the most restrictive regulation and/or higher flood elevation will prevail. A. In the One Hundred Year floodplain the following regulations will apply: 1. All new residential development is prohibited. 2. No development will be permitted unless it complies with Section 8-29 (a) of the Code and except where the effect of such development on flood heights is fully offset by accompanying stream modification and the development is approved by all appropriate State and Federal authorities. These developments must be placed outside of the Floodway Limits. 3. All proposals to offset the effects of development in the Floodplain by construction of stream modifications must be documented by an engineering study prepared by a Registered Professional Engineer registered in the state of Maryland and which fully evaluates the effects of such development and must be submitted with the application for a Building Permit. The report must use the One Hundred (100) Year Flood and Floodplain data as prepared by the Federal Emergency Management Agency or M-NCPPC, whichever is more restrictive and adopted as the basis of the analysis. 4. Existing non-conforming structures and/or development may not be substantially improved unless the effect of the proposed improvement on flood heights is fully offset by accompanying stream modifications and the improvement is approved by Wetlands and Waterway Programs, Maryland Department of the Environment and the Department of Permitting Services. a. Substantial improvement of a non-conforming structure and/or development regardless of location must be constructed in full compliance with the provisions of this and any other applicable Regulation. b. The modification, alteration, repair, reconstruction or improvement of any kind of a non-conforming structure and/or development to an extent or amount of less than fifty (50) percent of its fair market value, must be elevated and/or floodproofed to the greatest extent possible. 5. The following must not be placed or caused to be placed in the one Hundred Year floodplain: All structures, materials, fences or enclosures which may impede, retard or change the direction of the flow of water or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or flood waters would carry the debris downstream and cause damage or detriment of either public or private property in or adjacent to the floodplain. Fences with height 42" or lower with stationary openings greater than 24 square inches will be permitted within the Flood Fringe area. 6. Developments when approved, must have the elevation of the lowest floor, as defined in the Code, of all new or substantially improved structures at or above one (1) foot above the elevation of the One Hundred (100) Year Flood. Basements, as defined in the Code, are prohibited in the One Hundred (100) Year Floodplain. 7. Design, Anchoring, and Materials - All construction when approved, including substantial improvements, must be: a. Designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure; b. Constructed and placed on the lot so as to offer the minimum obstruction to the flow and height of the flood water; c. Constructed with materials and utility equipment resistant to flood damage; and d. Constructed by methods and practices that minimize flood damage. 8. Landscape Design a. Adequate ground cover must be provided for soil stabilization within the Floodplain District. b. Design of land contours and choice of plant materials must direct surface runoff away from structures and must not increase surface runoff onto neighboring properties. 9. Electrical Systems a. All electric water heaters, electric furnaces, generators, heat pumps, air conditioners, and other permanent electrical installations must be located one (1) foot or higher above the elevation of the one Hundred (100) Year Flood. b. No electrical distribution panels are permitted at an elevation less than three (3) feet above the elevation of the One Hundred (100) Year Flood. 10. Mechanical Equipment - water heaters, furnaces and other permanent mechanical installations, excluding submersible pumps, must be located one (1) foot or higher above the level of the One Hundred (100) Year Flood. 11. Storage - Materials that in time of flooding could be injurious to human, animal or plant life must be stored one (1) foot or higher above the level of the one Hundred (100) Year Flood. 12. Fill - As a general practice, filling within the Floodplain District is discouraged; however, where allowed, fill material must meet the following additional requirements: a. Fill must consist of soil or rock materials only. Landfills, dumps, and sanitary soil fills are not permitted; b. Fill material must be compacted in accordance with the Standard Proctor Test method issued by the American Society for Testing and Materials (ASTM Standard D-698) to provide the necessary stability and resistance to erosion, scouring or settling; c. Fill slopes must be no steeper than one (1) vertical to three (3) horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the DPS; and d. Fill must be used only to the extent to which it does not adversely affect adjacent properties. 13. Manufactured Homes and Buildings are not permitted in the Floodplain District. 14. Accessory/Appurtenant Structures - These structures, including but not limited to detached garages and storage structures, may be permitted within the Floodplain District provided that: a. The structure is designed and constructed to withstand hydrostatic flood forces and must be constructed with water equalizing vents. b. The applicant/owner of the structure signs a nonconversion agreement stating that the structure will never be converted to habitable space, and has it recorded in the land records of Montgomery County. c. The structure must be constructed and placed on the site so as to offer the minimum resistance to the flow of floodwaters. d. Any mechanical, electrical, heating and other utility equipment must be elevated to or above the level of the One Hundred (100) Year Flood or floodproofed. e. The structure must meet the provisions of Article I, 19.45.01.04.A.15 of this Regulation. f. The structure must not be constructed and placed on the site in such a manner that will cause an increase in the upstream and downstream elevation. 15. Enclosures Below Lowest floor - Fully enclosed areas below the lowest floor, including but not limited to crawl spaces, solid footings, and continuous foundations, must be designed and constructed to withstand hydrostatic flood forces and meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding must be provided. b. The bottom of all openings must be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they cause minimal restriction to the entry and exit of floodwaters. 16. Stream Valley Protection Setback Requirement A minimum 100 foot stream valley setback shall be maintained from the edge of the banks of any watercourse delineated as having a floodplain on the official floodplain maps except where the floodplain limit is less than 100 feet from the banks, then the minimum stream valley protection setback must be the floodplain limits. To prevent erosion, natural vegetation must be maintained in this area. Where natural vegetation does not exist along the watercourse, and conditions for replanting are suitable, high priority must be given to planting trees in the setback area to stabilize banks and to enhance aquatic resources. B. In the Approximate Floodplain the following regulations apply: 1. The DPS must obtain, review and reasonably utilize any one Hundred (100) Year Flood elevation and Floodway data available from a Federal, State or other source such as the U.S. Army Corps of Engineers and Soil Conservation Service, the Maryland Department of the Environment, M-NCPPC, or any other regional planning organization in the enforcement of Regulations within the Approximate Floodplain; 2. When the One Hundred (100) Year Flood Elevation is not known, the DPS, in consultation with the Maryland Department of the Environment, will evaluate each site and establish an approximate one Hundred (100) Year Flood Elevation by determining the elevation of a point on the Approximate Floodplain boundary by a method acceptable to FEMA; and 3. The Development Regulations of 19.45.01.04, Subsection A of this Regulation will be applied within the Approximate Floodplain. 4. In cases in which development is proposed in the vicinity of unmapped streams, which have no delineated 100-year floodplains as defined in 19.45.01.03.A of this Regulation, the 100 foot stream valley protection setback from the banks of the stream described in 19.45.01.04.A.16 may be used. In addition, State permits may be required and applicants are advised to seek a determination from the State Department of Natural Resources as to whether they are required. C. In the Floodplain District, the design, placement and construction of all utilities require a Floodplain District Permit unless exempted by Chapter 19-36, subsections 4 and 5 of the Montgomery County Code, and must meet the following requirements; 1. New or replacement private water well supply systems and/or sanitary sewage systems must be designed and floodproofed to eliminate or minimize infiltration of flood waters into the systems and discharge from the systems into flood waters, and to avoid impairment during flooding and to minimize flood damage. a. Cesspools, seepage pits, and absorption fields and septic tanks are prohibited within 25 feet of the Floodplain District. b. All pipes connected to sewage systems must be sealed to prevent leakage. 2. All underground gas, electrical and other facility and utility systems must be located, constructed, and floodproofed to eliminate or minimize flood damage. 3. All new storm drainage facilities within and leading to or from the Floodplain District must be adequately designed, floodproofed, and installed to eliminate or minimize property damage resulting from the flood waters of the One Hundred (100) Year Flood and to minimize adverse environmental impacts due to their installation and use. D. Encroachment in wetland areas. Encroachment by development into wetlands is not allowed without State and Federal permits. It is State and Federal policy that disturbance of wetlands must be avoided. The applicant must demonstrate to the appropriate State or Federal Authorities that no alternatives exist and the encroachment is the minimum necessary. Mitigation may be required by the appropriate regulatory authorities. A Floodplain District Permit is required for all development including, but not limited to, construction of and/or substantial improvements to buildings and structures, fill, temporary development, new or replacement infrastructure, or any combination thereof in the Floodplain D istrict and may be granted only after necessary permits from the Maryland Department of the Environment and all other applicable State and federal agencies have been obtained. A. The Application for a Floodplain District Permit must be submitted to DPS and must contain information including, but not limited to, the following: 1. Name and address of applicant. The applicant/permittee must be the owner or an authorized agent of the owner; 2. Name and address of owner of land on which development is proposed; 3. Name and address of contractor; 4. Site location; 5. Copies of the permit or a written statement from the issuing authority indicating that a permit is not required from the U. S. Army Corps of Engineers, and/or Wetlands and Waterway Programs, Maryland Department of the Environment where applicable. 6. An engineered plan of the site showing the size and location of the proposed development as well as any existing buildings or structures; 7. Plans drawn to scale, showing the location, dimensions and contour with elevations in mean sea level/NGVD of the site in relation to the stream channel, shoreline, Floodplain District and Floodplain District subdistricts; 8. For substantial improvement to an existing structure, an appraisal performed by a professional real estate appraiser of the fair market value of existing structure (less land value) to which the substantial improvement is associated; 9. Summary description of proposed work and estimated cost; and 10. Depending on the type of development and/or structure involved and for structures to be elevated above the one Hundred (100) Year Flood Elevation, the following information must also be included in the Application: a. The size of the proposed structure(s) and its position on the lot where it is to be constructed; b. The elevations of the proposed final grading and lowest floor, and the existing ground and one Hundred (100) Year Flood Elevation established by the Official Floodplain Map and as certified by a Professional Engineer or Surveyor registered in the State of Maryland; c. The method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. These plans must be prepared by a Professional Engineer registered in the State of Maryland. 11. Before a permit may be issued, an applicant shall submit written analysis which demonstrates that: . a. no reasonable alternatives exist outside the floodplain; b. encroachment in the floodplain is the minimum necessary; c. the development will withstand the 100-year flood without significant damage; and d. the development will not increase downstream or upstream flooding or erosion. B. When the proposed development includes the relocation or alteration of a watercourse, evidence must be presented as part of the permit application that the Maryland Department of the Environment has approved of the proposed alteration or relocation. In addition, the developer must provide technical documentation and written certification by a Professional Engineer registered in the State of Maryland that the flood carrying capacity of the altered or relocated watercourse will be maintained and must notify FEMA and all adjacent municipalities of the approved alteration and relocation. C. After the issuance of a Floodplain District permit by DPS, no changes of any kind may be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the DPS. D. During the construction period, DPS or other authorized official may inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable laws and ordinances. The premises are also subject to inspection by the Maryland Department of the Environment. In the event that the Department of Permitting Services determines that the work is not in compliance with the permit or all applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, DPS may revoke the building permit and report such fact to the Maryland Department of the Environment for whatever action it considers necessary. E. Work on the proposed construction must progress steadily through project completion. Any work which resumes after a stop in work for 180 days or more requires the issuance of a new permit. F. The completion certificate and the certificate of occupancy (when required for construction and substantial improvements in the Floodplain District) may not be issued until DPS has been provided with a completed Elevation Certificate prepared by a Land Surveyor or . Professional Engineer registered in the State of Maryland certifying the record condition of the subject construction. The datum used on the Elevation Certificate must be Mean Sea Level as established by the National Geodetic vertical Datum of 1929. G. A record or log of all Floodplain District permit actions will be maintained by DPS and will be available upon request by the Federal Emergency Management Agency or its authorized agent (the Maryland Department of the Environment) during periodic assessments of Montgomery County's participation in the National Flood Insurance Program. This record will include, at a minimum, the date the permit was issued, the as-built lowest floor elevation of all new construction or substantial improvement, the issuance date of the Certificate of Occupancy, copy of the completed Elevation Certificate, and any map amendments issued by the Federal Emergency Management Agency. A. Any violation of any provision of this regulation is punishable as a class A violation as set forth in Section 1-19 of Chapter 1 of the Montgomery County Code. Each day a violation continues to exist constitutes a separate offense. B. The Federal Insurance Administrator and the Maryland Department of the Environment will be notified immediately in writing of any structure or property in violation of this Regulation. C. New or renewal National Flood Insurance will be denied for any structure remaining in violation or situated on property in violation of this Regulation. A. Montgomery County Liability - The granting of a permit or approval is not a representation, guarantee, or warranty of any kind and creates no liability for Montgomery County, its officials or employees. B. Abrogation and Greater Restrictions - This Regulation supersedes any regulations currently in effect in the Floodplain District. This regulation will not be deemed to interfere with or abrogate or annul or otherwise affect in any manner whatsoever any ordinances, rules, regulations or easements, covenants or other agreements between parties; provided, that where this regulation imposes a greater restriction within a Floodplain District, the provisions of this regulation will prevail. C. Interpretation - In their interpretation and application, the provisions of this regulation will be: 1. Considered as minimum requirements: 2. Liberally construed in favor of proper flood hazard management in Montgomery County; and 3. Deemed neither to limit nor repeal any other powers granted under the Annotated Code of Maryland. D. Partial Invalidity and Severability - If any section, subsection, paragraph, sentence, clause, or phrase of this Regulation should be declared invalid for any reason whatsoever, such decision will not affect the remaining portions of the Regulation which will remain in full force and effect, and for this purpose, the provisions of this Regulation are hereby declared to be severable.

In accordance with the procedures authorized in Chapter 19, Article V, entitled "Water Quality Review - Special Protection Areas," Section 19-67, the following Executive Regulation applies to an application for approval of or significant amendment to, a development plan, diagrammatic plan schematic development plan, project plan, preliminary plan of subdivision, special exception, or site plan, in designated special protection areas. Active Floodplain means the flat area adjacent to the channel constructed by the stream and overflowed by the stream at a recurrence interval of about two years or less. Best Management Practices (BMP) means techniques that are most effective in eliminating or reducing the amount of pollution or other detrimental impact to a watershed or wetland. Best Management Practices Monitoring Plan means a statement prepared by an applicant describing how the applicant will monitor and assess the effectiveness of its best management practices. Bank Full Discharge means the water discharged when stream water just begins to overflow into the active floodplain. Base Flow means that portion of the stream discharge that is derived from natural storage (i.e., groundwater outflow and the draining of large lakes and swamps or other sources outside the net rainfall that create surface runoff); discharge sustained in a stream channel, not a result of direct runoff, and without the effects of regulation diversion, or other works of man. Also called sustaining, normal, ordinary, or groundwater flow. Baseline Stream Monitoring means biological, habitat, and physical/chemical monitoring conducted by the Department to assess and quantify stream conditions in special protection areas prior to development of these areas. Cumulative Impact means the impact on water quality, stream habitat, and aquatic biological communities within a special protection area watershed which may result from the incremental impact of a development project when added to other past present and future developments within that watershed. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. Impacts may include beneficial and/or detrimental effects. Development Impact Monitoring means the monitoring conducted by the Department to measure the effects that development projects occurring within special protection areas have on in-stream water quality, stream habitat and resident aquatic life. Environmentally Sensitive Areas means areas having beneficial features to the natural environment, including but not limited to: steep slopes; habitat for Federal and/or State rare, threatened, and endangered species; 100-year ultimate floodplains; streams; seeps; springs; wetlands, and their buffers; priority forest stands; and other natural features in need of protection. Index of Biotic Integrity is a measurement of the aquatic community's structure and function within special protection areas as compared to the aquatic community inhabiting the least impaired reference streams within a specific region. Performance Goals mean goals that are established for development projects, located within special protection areas, to enhance protection of on-site water resources or other environmental features relating to those water resources. Performance goals for streams are expressed as narrative or numeric targets which represent biological, physical, and chemical measures of stream health to be achieved or maintained. Performance goals for best management practice effectiveness are expressed as narrative or numeric targets for achieving base flow preservation, peak storm flow reduction, and pollutant removal. Performance goals may also include measures that quantify the extent and effectiveness of public education measures to reduce the on-site generation on non-point pollution sources. Reference Condition means the measurement of the biological community and the physical and/or chemical parameters found in the set of reference streams for Montgomery County. Reference Stream means a stream, or a portion of a stream selected by the Department to define a reference condition for a water body that represents a minimally impaired stream. Special Protection Area (SPA) means a geographic area where: 1) existing water resources or other environmental features directly relating to those water resources are of high quality or unusually sensitive; and 2) proposed land uses would threaten the quality of preservation of those resources or features in the absence of special water quality protection measures which are closely coordinated with appropriate land use controls. Special Protection Area Conservation Plan means a plan developed by the Department for a special protection area, which identifies those natural resource parameters that must be protected to achieve and maintain a high level of water quality protection for SPA watersheds that, at a minimum, meet established State water quality standards as defined in COMAR 26.08.01-.04. SPA conservation plans are derived from baseline and reference stream monitoring conducted by the Department in accordance with the stream monitoring program, and, as deemed appropriate by the Department, from previously conducted water quality inventories, technical studies, and functional master plans which contain credible information on water quality, aquatic life, hydrology, and riparian conditions. Standard Scientific Format means the orderly presentation of results of required stream and best management practice monitoring (e.g., goals, objectives, methods, materials, results, references) using the standard format for technical publications as presented in the scientific literature. (e.g., the North American Journal of Fisheries Management, American Fisheries Society.) Stream Monitoring Plan means a statement prepared by the Department describing the location of monitoring stations and the nature, form, and frequency of monitoring to be conducted to evaluate the impacts of development on water resources in a special protection area. A plan must also describe what will be monitored with regard to: (a) faunal groups, (b) stream and riparian habitat features, (c) biological features, and (d) physical and chemical properties. Stream Monitoring Program means activities conducted by the Department to carry out a stream monitoring plan for property in a special protection area, including: (1) an inventory and evaluation of water resources to measure baseline conditions; and (2) an assessment of any impairment of the biological, chemical, and physical integrity of the stream over time related to development impacts in any special protection area. Technical Manual means the provisions found in 19.67.01.12 of this regulation. Water Quality means the chemical, physical, and biological factors required to maintain a designated State Use Class, and maintain conformance with the anti-degradation requirements of State Water Quality Standards as defined in COMAR 26.08.01-.04. The following requirements apply to a person proposing a land disturbing activity within a special protection area: A. Privately owned property. 1. All persons proposing to disturb land within a SPA, except as provided by law, must submit, for review and approval, a water quality inventory which covers any portion of the project located within the SPA. 2. Except as exempted under 19.67.01.04, all persons proposing to disturb land within a SPA must also submit a preliminary water quality plan and a final water quality plan if they are: (i) required by law to obtain approval of a development plan, diagrammatic plan, schematic development plan, project plan, special exception, preliminary plan of subdivision, or site plan; or (ii) seeking approval of an amendment to an approved development plan, diagrammatic plan, schematic development plan, project plan, special exception, preliminary plan of subdivision, or site plan; or (iii) specifically required to submit a water quality plan in a land use plan, watershed plan, comprehensive water supply and sewer system plan amendment, or by resolution of the County Council. B. Publicly owned property. Before engaging in any land disturbing activity on publicly owned property in an area designated as a SPA, the applying agency or department proposing the land disturbing activity should prepare a water quality inventory which covers that portion of the project located within the SPA and/or a combined preliminary and final water quality plan. C. Exception. This regulation does not apply to projects on properties that have valid, approved record plats for the entirety of the project and for which no amendments are required an or before October 31, 1994, to accommodate development of the sites. A. Applicability. An applicant, unless otherwise specifically required to do so, need not submit a preliminary or final water quality plan if: 1. a project on agricultural, residential, or mixed use zoned property contains: (i) a proposed impervious area of less than 8% of the total area covered by the development approval application: or (ii) a cumulative area of 10 acres or less, and 2 proposed impervious area of less than 15% of the total land area covered by the development approval application. 2. a project on property zoned for industrial or commercial use consists of a cumulative land area of two acres or less covered by the development approval application. B. Cumulative Impacts. In reviewing an application submitted in accordance with this regulation, the Department or Planning Board, as applicable, must assess the cumulative impact of all previously approved development if an application for new or additional development approval is submitted for property that was either: 1. previously approved for development, and exempt under 19.67.01.04 of this Regulation; or 2. part of a larger tract of land located in a special protection area that was: (i) approved for development under this regulation; and (ii) under common or related ownership when it was approved for development. C. Piecemeal applications. An applicant must not avoid the application of this regulation by submitting piecemeal applications for property under common or related ownership. A. Applicability. A SPA conservation plan will be developed by the Department for each area designated as a SPA. The plan will be based upon the baseline and reference stream monitoring conducted by the Department in accordance with the stream monitoring program, and, as appropriate, upon the Department's review of other data derived from previously conducted water quality inventories, technical studies, and functional master plans which contain credible information on water quality, aquatic life, hydrology, and riparian habitat conditions. The SPA conservation plan will be used as guidance to develop site specific performance goals, and best management practices (BMP) performance goals. B. Stream monitoring priorities. The Director, where possible, will establish priorities for monitoring subwatershed areas before development, based on the anticipated timing of development within a two year period, as indicated by the Planning Director. The Planning Director must notify the Director in writing at the time of initial designation of each SPA, and, on or around November I of each calendar year, indicate when development is anticipated, including its staging, within each SPA within the succeeding two years. Notification is intended to allow for the necessary time required to establish average baseline conditions supported by a minimum of two years of monitoring data prior to start of construction. C. Stream monitoring program design. 1. The objective of the stream monitoring program is to determine the biological condition and stream channel characteristics of the watershed. Monitoring the development site during and after development activities enables the Department to link changes in the biological condition and stream channel characteristics to the performance of BMPs. 2. Stream monitoring protocols for each special protection area will be designed and developed by the Department to be as comparable as possible with other State, County, and Federal assessments of surface waters in the northern piedmont and coastal plain ecoregions in and around the County. 3. The stream monitoring program will include assessments of freshwater fish, benthic macroinvertebrates, aquatic habitat, stream channel characteristics, riparian habitat conditions, and other appropriate physical/chemical measurements. 4. Analysis of data by the Department will be based on comparisons to the set of minimally impaired streams (reference conditions) within the County or within adjacent areas of the same ecoregion. D. Baseline monitoring and development Impact monitoring implementation. 1. Baseline monitoring data must be collected by the Department in anticipation of development within a special protection area subwatershed. Site selection for baseline information will be determined so that subwatershed water quality can be assessed. 2. When the precise locations of specific development projects are identified within a subwatershed, the Department will conduct development impact monitoring during and after development. Locations and number of monitoring stations will be contingent upon the size of the development, the location of the development in the subwatershed, and the anticipated location of structural and nonstructural BMPs. Development impact monitoring will commence after the final water quality plan is approved and prior to sediment control permit issuance. A. Purpose. Performance goals will be established for each development application within a special protection area. Performance goals will be developed to implement the SPA conservation plan. Performance goals will be established to: 1. Protect, maintain, and restore water quality, natural stream environments, and the ecological balance of aquatic communities within the County; 2. Mimic natural watershed processes: 3. Stimulate innovative and integrated applications of site plan, sediment control, and stormwater management measures to limit changes to natural hydrology, reduce the on-site generation of pollutants that impact water quality, and mitigate impacts on adjacent and downstream conditions; 4. Develop better measures of assessing BMP effectiveness: 5. Seek improved best management practice designs with higher effectiveness to protect water quality and minimize maintenance; and 6. Protect downstream receiving waters. B. Use of performance goals. The Department will establish performance goals for each development project. Performance goals will be based upon consideration of the development site location within the subwatershed, she topography and hydrology, presence of environmentally sensitive areas, and results of available baseline stream monitoring within the watershed. Where possible, numeric performance goals will be based on pre-development baseline monitoring results and parameters established in SPA conservation plans. BMP performance goals will be developed and evaluated using the most currently available and pertinent monitoring information and published research. Achievement of performance goals will be measured and analyzed using protocols or procedures for best management practices monitoring that the Department specifies to the applicant at the pre-application meeting and development impact monitoring conducted by the Department. C. Nature of performance goals. Performance goals established for each project will vary based upon the above considerations. Following is a listing of types of performance goals that may be considered for each project, their rationale, and specific examples of how these goals may be expressed quantitatively or qualitatively depending upon the conditions that exist for a particular site. 1. Stream/Aquatic life habitat protection. Rationale: To maintain, preserve, or improve the pre-development aquatic community. Examples of goals: (i) Protect, and maintain habitat features identified in the water quality plan. (ii) Restore or create habitat which promotes natural recovery toward stream habitat reference conditions. (iii) Promote recovery of the aquatic community as measured by pre- and post-development comparisons to the reference condition. 2. Maintain stream base flow. Rationale: Maintenance of stream bass flow, particularly during low flow periods, is essential to supporting the critical habitat needs of the aquatic biological community. Base flow reductions decrease the wetted width and depth of stream riffle, run, and pool aquatic habitats. Maximum base flow preservation is important to maintain viable populations of existing or target species. Reductions in base flow may also result in increased stream temperatures, and lower dissolved oxygen levels to the detriment of aquatic life. Examples of goals: (i) Limit the reduction of base flow in streams with: a. Drainage areas of 1000 acres or less, or b. In first and second order streams with minimum base flows of 2 cubic feet/second (cfs) or less, as identified through baseline stream monitoring during the low flow period of the year (July to October). (ii) Maintain post-development mean daily baseflow, as measured during the critical low flow period of the year, so as not to reduce available on-site aquatic habitat below pre-development conditions. 3. Protect seeps, springs, and wetlands. Rationale: Seeps/springs and wetlands are principal outlets for groundwater flow into a stream. These are the sources of cold water recharge necessary to maintain water temperature within the tolerance limits of the biological community. Examples of goals: (i) Protect natural recharge areas of perennial seeps and springs that provide cold water to streams. Construct recharge areas, as necessary and feasible, to mimic the function of natural recharge areas that cannot be protected. (ii) Protect vernal pools that provide amphibian habitat by inclusion within stream buffer lines. 4. Maintain natural on-site stream channels. Rationale: Channels originating from perennial or intermittent springs/seeps and wetlands deliver the cold groundwater to the receiving stream. Maintaining the integrity of the channel will help maintain the quality of the flow. Examples of goals: (i) Perennial streams: a. Use bio-engineering techniques in conjunction with effective upland site planning and stormwater controls to help stabilize and protect desirable stream habitat features most vulnerable to anticipated development impacts. b. As discrete project phases in sub-watersheds are completed and stabilized, implement immediate measures to restore damaged stream habitat caused by the project. Use bioengineering or other appropriate habitat restoration techniques. (ii) Intermittent streams: a. Protect those intermittent channels formed primarily by intermittent springs and seeps at a higher level than intermittent channels formed primarily by overland surface flow. These channels may convey cold water originating from ground water recharge. b. Use intermittent channels from surface flows and associated stream buffers as part of a system for quality treatment of stormwater. c. Stabilize the channel banks with bio-engineered solutions, perhaps in combination with traditional methods where appropriate. 5. Minimize storm flow runoff increases. Rationale: The frequency of runoff events that create erosion in stream channels in a given subwatershed needs to be managed. In general, bankfull discharges cause the most damage to the quality of the stream channel habitat. Cumulative increases in subwatershed runoff affect downstream channels as well as on-site channels. Therefore, analysis to determine the storm events that cause bankfull discharge will be conducted within and/or downstream of the development project site. Examples of goals: (i) Design storm flow controls to manage on-site and downstream bankfull discharges at or below pre-construction frequencies. (ii) Reduce the frequency and duration of bankfull events, and associated sediment loadings resulting from bank erosion. (iii) Maintain current bankfull storm frequency and duration if bank stability and channel conditions are determined to be in an optimal to sub-optimal range. (iv) Reduce bankfull frequency and duration, or stabilize banks through bio- engineered and structural best management practice solutions if habitat is determined to be in marginal to poor condition. 6. Identify and protect stream banks prone to erosion and slumping. Rationale: Even with on-site stormwater management, prolonged storm flow releases from development can cause stream bank erosion and habitat impairment, especially in the most erosion prone stream reaches. Examples of goals: (i) Identify the most erosion prone stream bank areas, and stabilize them with a combination of structural and bio-engineered solutions to anticipate the altered flow regime resulting from development. (ii) Determine the new volume, rate, and bank height of storm water runoff resulting from the site's BMPs. Stabilize the stream bank areas most prone to erosion and provide in-stream habitat features to maintain stream channel conditions required for the new flows. 7. Minimize increases to ambient water temperature. Rationale: Peak stream temperatures and their duration are additional primary determinants of the biological community structure that can be maintained in a stream. The peaks and duration of temperature extremes during low flow periods of the year should not increase beyond the limits of those documented during baseline monitoring, or the upper temperature limits specified in State Water Use Standards (COMAR 26.08.01 to 04). Base flow bypasses from stormwater controls, and preventive forest preservation, natural succession, and afforestation measures undertaken in stream buffers are methods to reduce the elevation of ambient water temperature. Examples of goals: (i) As the stream flows through the site, maintain the existing temperature conditions at an optimal level. (ii) If monitored water temperature increases as the stream flows through the site or if the project is expected to increase stream temperatures, reduce heating effects to maintain ambient water temperature to State Water Use Standards temperature criteria (COMAR 26.08.02.03-3). 8. Minimize sediment loading. Rationale: Excessive loadings of fine sediment can destroy the stream riffle habitats of benthic macroinvertebrates and fresh water fish. Maintaining the quality of the riffle habitat is critical because most members of the macroinvertebrate community reside in riffle habitat. Loss of this community also eliminates the primary food source for insectivorous fish, causing a reduction in the quality of this biological community as well. Excessive sediment loads can smother and destroy the eggs of species that use riffle habitat for spawning. Excess sedimentation fills in pools, reducing habitat for fish. Abrasive sediment loadings also contribute to stream bank instability by accelerating stream bed and bank erosion. This further compounds siltation damages downstream. Examples of goals: (i) During construction phases, stream embeddedness levels should remain within preconstruction levels. (ii) Post development embeddedness levels should return to pre-development levels within one year after completion and stabilization of each defined phase of the development project (iii) The recovery of the riffle benthic community and riffle fish community should be to pre-development levels as described by measurements of community structure and function. 9. Minimize nutrient loadings. Rationale: Excessive nutrient loadings can cause algae blooms and after the community composition of the stream fish and macroinvertebrates. Excessive nutrient loadings can be especially damaging when introduced to downstream water supply reservoirs and to other slow moving impounded or tidal waters. The State has established tributary protection strategies to reduce the impact of nitrogen and phosphorus loadings on the Chesapeake Bay of upstream tributaries. Examples of goals: (i) Measure or provide estimates, acceptable to the Department, of pollution reduction achieved through implementation of educational pollution source control programs targeted to resident citizens and the business community. (ii) Design BMPs to achieve specified ranges of nutrient reduction. Implement best management practice monitoring plan to measure nutrient reductions observed from best management practices designed to provide water quality control. 10. Control insecticides, pesticides, and toxic substances. Rationale: Toxic concentrations of chemicals are extremely dangerous to all forms of life. If not controlled, acute or chronic toxic impairment can destroy or lessen the aquatic community downstream of the development. Examples of goals: (i) Maintain levels of toxic compounds below concentration thresholds established in United States Environmental Protection Agency criteria and State water quality standards. (ii) Include language in Homeowners Association documents or other appropriate educational materials to implement site specific Integrated Pest Management pollution source control programs that minimize the use of herbicides, pesticides, and insecticides. (iii) Reduce the use of potentially toxic substances by the resident community, (e.g., oil and antifreeze dumping, proper use of pesticides). (iv) Measure or provide estimates, acceptable to the Department, of reductions in toxic pollution achieved through implementation of educational pollution source control programs targeted to resident citizens and the business community. (v) For high density commercial, industrial, and mixed use developments with large impervious areas, special consideration must be given to the control of hydrocarbons, heavy metals, and other pollutants normally associated with intense land use. In addition to the performance goals set forth above, the Department may establish other performance goals based on the need to protect unique water quality features or federal/state designated rare, threatened, or endangered species. D. Performance criteria. Performance goals will be applied and monitored to assess relationships between land use, the effectiveness of various BMPs, individually and in combination, and measured impacts of development on water quality, stream habitat, and aquatic life. The Director will present an annual report to the County Executive and County Council on development impacts in SPAs and on the performance of mitigation measures provided by improved site plans and BMP designs. A. Purpose. Prior to submission of the water quality inventory and formal plans for review and approval, the applicant must attend a pre-application meeting with the Department and the Planning Department. The pre-application meeting is required to provide the applicant with advance guidance concerning the development of acceptable preliminary water quality inventory or preliminary water quality plan submissions. At the meeting, representatives from the Department and the Planning Department will discuss with the applicant all available information received about the site and ways to achieve the performance goals. The purpose of the meeting is to: 1. Present the applicant with the proposed performance goals that are to be used for the development of the site layout; 2. Discuss the conceptual approach and possible locations of preferred structural and nonstructural best management practice and their estimated suitability for achieving the performance goals; 3. Review monitoring protocols, and procedures to be followed by the applicant in developing a best management practice monitoring plan, 4. Review development impact monitoring protocols and procedures that will be used by the Department in development impact monitoring; and 5. Use innovative site layouts and linked best management practice options to maximize protection of water quality, stream habitat, and aquatic life. B. Written request. The applicant must request the Director, in writing, to set up a pre- application meeting. The Director or designee will provide, within 10 working days of the receipt of the applicant's written request, written information regarding the time and location of the pre-application meeting, information required from the applicant for the meeting, and information to be provided by the Department and Planning Department for the meeting. C. Submittals required. At a minimum, the applicant must supply three copies of these specific elements of the required water quality inventory at least 30 working days prior to the pre-application meeting: 1. Location and rating of infiltratable soils based on the latest edition of the soil survey for Montgomery County, Maryland. On-site soils analysis will be required with the applicant's formal submission of the water quality inventory. 2. Forest stand delineation and natural resources inventory to include: (i) Stream buffer delineation in accordance with the Planning Board's Environmental Guidelines. (ii) Erodible soils and areas of steep slopes. (iii) Location of all field delineated intermittent and perennial springs, seeps, and wetlands. 3. A drainage area map showing the upstream drainage area, hydrologically important fractures, and the location of existing developed areas and BMPs in the subwatershed (as identified in the Department's inventory of stormwater management facilities). D. Department responsibility. At a minimum, the Department will supply three copies of the following information at least six working days prior to the pre-application meeting; 1. Available results and analysis of baseline stream monitoring in the subwatershed. 2. Proposed performance goals for the site and for selected BMPs. The ranges of the numeric performance goals should be designed to protect the water quality on the site and downstream, and to encompass the variability associated with the effectiveness of the specific BMP. 3. Proposed monitoring protocols and procedures to be followed by the applicant in developing a BMP monitoring plan. 4. A summary of development impact monitoring that the Department will perform to evaluate impacts of the applicant's development project. 5. A map and table giving the location, and contact address of on-going monitoring programs in the SPA subwatershed. Monitoring partnerships, where possible, that allow efficient use of resources are encouraged. E. Written summary by applicant. The applicant will provide a written summary of the pre- application meeting including documentation of the established performance goals, best management practice monitoring protocols and procedures to be followed, and a list of items the applicant must include as part of the water quality plan submission. The applicant's written summary must contain any corrections requested by the Department during the pre-application meeting. Upon the Director's written approval, the summary will constitute the official public record of the meeting's results. A. Elements of Water Quality Inventory. The applicant's water quality inventory submission must include the following: 1. Stormwater Management Concept Plan. All stormwater management concepts must be designed in accordance with Chapter 19, Article II, Montgomery County Code, Maryland Law, and all associated regulations. 2. Sediment Control Concept Plans. (i) All sediment control concept plans must be designed in accordance with Chapter 19, Article I, Montgomery County Code, Maryland Law, and associated regulations. (ii) Sediment control plans must include phased land disturbance and provisions for prompt stabilization. (iii) Land disturbing activities must be kept to a minimum through staging and phasing of all construction activities. 3. Documentation of Impervious areas. A plan describing the proposed development which minimizes impervious areas and, if applicable, meets imperviousness limits for the project as are required in a land use plan, watershed plan, comprehensive water and sewerage system plan, or specified in a County Council resolution designating a SPA. 4. Additional documentation. Documentation showing avoidance, minimization, or proposed mitigation for impacts on environmentally sensitive areas, and on priority forest conservation areas as specified in the Planning Board's Environmental Guidelines. Documentation must also include: (i) Rationale in narrative form that any proposed encroachment is both necessary and unavoidable in that location; and (ii) Description as to how flexibility in Chapter 59 of the County Code ("Zoning Ordinance") and other County regulations has been utilized (e.g. percent housing mix, minimum lot size, reduced width street right-of-way, "environmental" primary cross section) to avoid and minimize impacts. 5. Other. Any other information required in the Technical Manual. A. Elements of a Preliminary Water Quality Plan. Preliminary Water Quality Plans must include: 1. Water quality inventory. 2. Description of the proposed development project. This must be in tabular or note form and include: (i) All information as required on the Department's current stormwater management concept plan application form: (ii) Zoning, with appropriate standards; (iii) Type and number of dwelling units allowed and proposed; (iv) Overall impervious area and impervious area outside of sensitive areas, with density and related impervious area assumptions specified ("typical" or average lot may be used); and (v) Amount (acreage) and percentage of environmental sensitive areas disturbed, preserved, and in total. 3. Documentation of applications to State and Federal agencies for wetlands permits. When applicable, this documentation shall be in the form of written acknowledgement by the receiving agency, that all applications have been accepted for review. Documentation of proposed wetland mitigation measures should also be submitted. 4. Description of other mitigation techniques. Environmental protection techniques and plans, including those not otherwise required by law, regulation, or guideline, which are included in the preliminary water quality plan must be described in writing. This description should indicate how the following sediment and erosion control, stormwater management, and other water quality protective measures, are incorporated within the water quality plan or, if not included, provide justification acceptable to the Department: (i) Linked BMP systems. BMP applications will be linked in series to progressively minimize sediment and stormwater impacts wherever possible. (ii) Stabilization Requirements. Vegetative stabilization of perimeter controls and areas specified must occur within three days of installation of temporary sediment and erosion control structures. (iii) Phased Grading. Phased grading to minimize land disturbance during the development and construction process. (iv) Roads. a. The requirement for open section roads shall not be waived except as provided in Chapter 49 of the County Code. b. If open section roads cannot be implemented where they would normally apply, options for reducing road width or other means to reduce impacts of impervious surfaces on the stream hydrology, water quality, and aquatic life must be considered. (v) Stream Buffers. All County stream buffers will be shown on 211 water quality plan maps showing sediment and erosion control plans or stormwater management control plans. Stormwater and sediment control structures are not to be placed within the stream valley buffer except as approved by the Department and the Planning Board. (vi) Ground Water Recharge. Opportunities to provide recharge of clean stormwater into the ground water supply will be maximized. Stormwater requiring treatment will be conveyed to a water quality treatment best management practice. 5. Documentation of anticipated performance. Each proposed BMP or group of BMPs must be documented to show how it will achieve the performance goals selected for the site. 6. BMP monitoring plan. Monitoring plans must meet the requirements specified in the pre- application meeting and identify: (i) Performance goals established for the she and for any specific best management practices. (ii) A description and characterization of the BMPs chosen for the monitoring plan. The characterization of and description of the BMP will meet the minimum required in the pre-application meeting. (iii) A description and characterization of the monitoring protocol, as established by the Department, that will include: a. Methods b. Frequency of data recording. c. Length and season of monitoring. d. Data analysis (including statistical and graphical analysis). e. Report milestones. (iv) The protocols to use for specific BMP monitoring are those supplied during the pre-application meeting. The monitoring protocols are designed to provide biologically meaningful information about the BMP performance and changes in stream water quality. (v) The final BMP's monitoring program and monitoring timeline approved by the Department will be submitted along with the applicant's final water quality plan. Upon approval, the monitoring program will be implemented according to the approved timeline. B. Elements of Final Water Quality Plans. The plan must include: 1. Final stormwater management concept plan approved by the Department. 2. Final sediment control concept plan approved by the Department. 3. Final BMP monitoring plan approved by the Department. The final BMP monitoring plan must contain: (i) Final narrative and numeric performance goals to use to monitor the effectiveness of the BMPs. (ii) Documentation and basis for the numeric goals. (iii) Final selection of BMPs chosen for the monitoring plan, including best management practice design characterization. (iv) Final BMP monitoring protocol. (v) Final methods for data collection, handling, analysis, and reports including monitoring frequencies, monitoring duration and season. (vi) Schedule for implementing BMP monitoring and reporting requirements. 4. Water quality certifications and wetlands disturbance permits as required by state and federal agencies, or if not yet issued, progress reports acknowledged by state and federal agencies. 5. Other. Terms, conditions, and requirements as established in the approved preliminary water quality plan or in case of a preliminary water quality plan in conjunction with a development approval before the District Council; the terms, conditions, and requirements as required to be revised by the Planning Board or the Department to conform to the District Council action on the development plan, schematic plan, or diagrammatic plan. A. Application submittal. Applications for water quality inventories and plans must be submitted concurrently to the Department and the M-NCPPC for review. B. Public notice and request for Informational meeting. The Department shall give written notice of the submission of preliminary water quality plans for review and approval. The Department will conduct a public information meeting to review the submission and receive public input if requested to do so in writing within 15 days after notice is given. The applicant or designee must attend such meetings and be prepared to give information as requested. C. Approval of Final Water Quality Plan. The Planning Board must not give final approval of a water quality plan until the Department gives its approval. D. Instruments of security. The Department will require bonds, other financial instruments, or certificates of guarantee to be posted to insure compliance with the provisions of the regulations, including monitoring. The bonds, other financial instruments, or certificates of guarantee may be combined with sediment control and stormwater management bonds as allowed by Chapter 19, Articles I & II of the County Code. E. Amendments and modifications. All modifications to an approved water quality plan are considered as significant amendments pursuant to Chapter 19, Article V, Section 19-65 (a)(3)(A)* and will be resubmitted for review and approval in accordance with 19.67.01.03 of the executive regulation, except for minor modifications where: 1. Field inspections or design evaluation reveal minor changes are needed; or 2. The changes do not significantly affect site layout; or 3. An emergency situation exists as determined by the Director. All minor modifications will be handled through the Department or the Planning Department for any element within their respective jurisdiction as provided under Chapter 19, Article V, Section 19-65 (a)(3)(B) and (C). F. Other elements required with stormwater management and sediment control permit applications. All development, as appropriate, must have a water quality plan with a complete water quality inventory approved by the Department at the time of detailed design plan submittal for stormwater management and sediment control permits. Any project where a wetland permit or a water quality certification is required by the State must have a valid water quality certification approved by the State prior to the issuance of the stormwater/sediment control permit. G. Qualifications for persons submitting data under this Article. Preliminary and Final Water Quality Plan submissions should be submitted by a multi-disciplinary team of qualified professionals consisting of engineers, hydrologists, aquatic ecologists, and surveyors. Qualified professionals should possess the following minimum combinations of education, skills, and experience: 1. For submission of BMP design plans: BMP plans submitted to the Department must be certified as meeting the requirements of this regulation and must be sealed by a professional engineer registered in the State of Maryland, or other qualified professional. 2. For submission of best management practice monitoring plans: B.S. degree in aquatic ecology, biology, natural resources management, hydrology, engineering, or related field as determined by the Department, and five years combined experience in the following three areas: (i) the design and/or monitoring of best management practices (ii) stream/watershed management and restoration, and (iii) hydrological studies to support land use initiatives. The experience requirements can be met by one person of a professional team, or met by the combined experience of the team. The educational requirements are to be met by each member. 3. Education can be substituted for experience. A Master's degree in a relevant field is equivalent to one year of experience, and a Ph.D. degree in a relevant field or P.E. is equivalent to two years of experience. 4. The composition of the design team shall be submitted for the Department's approval prior to commencement of all work. Each final water quality plan must contain an enforceable agreement, including an approved financial security instrument, with the Planning Board and the Director, as applicable, requiring maintenance of all facilities required by the plan and best management practices monitoring. This Technical Manual provides general guidance for carrying out the monitoring, data analysis, reporting work, and supplemental requirements as required to implement the requirements of this regulation. At the pre-application meeting the Department will provide detailed guidance on the specific monitoring procedures and protocols for the applicant to follow in carrying out the BMP monitoring plan, and any supplemental requirements that will be applied to each development project. The Department will develop these requirements based on review of the applicant's submittal of information required in advance of the pre-application meeting as specified in Section 19.67.01.07.C. A. Required Monitoring/Water Quality Data Submission/Reporting Protocols. 1. Stream Monitoring Program. (i) A stream monitoring plan will be prepared by the Department to guide the implementation of the stream monitoring program. (ii) The stream monitoring program must be included in the preliminary water quality plan. (iii) The objective of the stream monitoring program is to determine the biological condition and stream channel characteristics of the subwatershed prior to development activities. Monitoring the development site, during and after development activities, will enable the Department to link changes in the biological condition and stream channel characteristics to the performance of BMPs. Development impact monitoring may require different sample location procedures. (iv) Selection of stream monitoring locations will be determined by the Department when the Planning Director indicates future development is anticipated in a SPA subwatershed. Selection of sites will be determined by the size and complexity of the subwatershed, the ability to locate and prioritize anticipated development in the subwatershed, and available resources. 2. Baseline monitoring by the Department conducted under the stream monitoring program. (i) Minimum monitoring requirements include the Department's assessment of the following: a. Benthic macroinvertebrates b. Freshwater fish c. In-stream habitat (ii) Baseline information will be collected for freshwater fish, benthic macroinvertebrates, and habitat conditions. Biological indices of community structure, function, and health will be used to determine the current biological condition as compared to reference conditions. (iii) Procedures for monitoring freshwater fish, benthic macroinvertebrates, and in stream habitat will follow the Department's most current version of the Montgomery County water quality program's stream monitoring protocols. 3. Development impact monitoring by the Department conducted under the stream monitoring program. (i) Development impact monitoring data will be used to assess the impact and recovery of biological communities as compared to baseline information and reference conditions. This will enable the Department to assess the magnitude of any changes within the watershed. Comparing baseline information to reference conditions will enable the Department to determine the magnitude of any impairment present in the watershed before, during, and after construction activities. (ii) The Department will assess the need for additional monitoring stations for development impact monitoring. Additional monitoring locations will be selected to evaluate the performance of BMPs, assess the impact of the development on the stream, and to document the recovery of the biological community. The monitoring locations will be determined by the size and location of the development and the location of BMPs. (iii) Normally three to nine monitoring locations will be selected for each development. Monitoring locations will be selected upstream and downstream of the development site. Additional locations will be monitored to assess the impact of the development on the stream and the recovery of the biological community. (iv) Monitoring locations will be selected based on the size of the development, location in the watershed, and drainage area. Table 1 will be used as guidance to designate the number of required monitoring stations: Table 1. Number of monitoring locations per different development acreages. 4. BMP monitoring by the applicant. (i) A BMP monitoring plan will be submitted by the applicant to meet the requirements presented during the pre-application meeting and will be included in the preliminary and final water quality plans as approved by the Department. (ii) The objective of the BMP monitoring program is to document the performance of selected BMPs in meeting the performance goals selected for the site, as established during the pre-application meeting. (iii) For those BMPs to be monitored, the standard monitoring requirements for inflows and outflows of structural best management practices shall include, at a minimum: a. Flow rate and volume b. Temperature c. pH d. Conductivity e. Turbidity Unusual conditions, including, but not limited to project size, layout, and on-site conditions, may require that other physical, chemical, and biological monitoring requirements be added. Monitoring will be required for nonstructural BMPs on a case-by-case basis, and will depend on the nature of the practice and its expected mitigation effects. (iv) Detailed methods for monitoring the achievement of the performance goals for the selected BMP's will be supplied to the applicant by the Department during the pre-application meeting. (v) General monitoring guidelines for BMPs that would apply to different development types and densities are shown in Tables 2 and 3. Table 4 describes the typical densities of each zoning category. (vi) The final selection of the BMP monitoring sites will be done concurrently with the Department's approval of the final water quality plan. (vii) The applicant will submit quarterly reports summarizing and analyzing the BMP monitoring data to the Department. (viii) The applicant's raw data submissions to the Department must be on a 3.5" IBM compatible diskette in ASCII format with documentation on the structure of the database and data format as approved by the Department. (ix) The report must follow standard scientific format as defined by the Department. (x) Report will contain trend analysis, including graphical interpretation and descriptive statistics of the BMP parameters. 5. Annual report by the Department. (i) An annual report summarizing and analyzing available results of stream and BMP monitoring data conducted within SPAs will be submitted to the County Executive and County Council with a copy to the Planning Board. The report will also be made available to the general public upon request. The report will be submitted to the County Council no later than February of the year following the completion of the annual field monitoring season. (ii) The report will follow standard scientific format. It will contain trend analysis including descriptive statistics and graphical interpretation of biological indices and habitat assessments. The biological condition of each station will be compared to the appropriate reference condition. B. Supplemental requirements for stormwater management and erosion and sediment control concept plans for SPAs. 1. Purpose. The purpose of these requirements is to reduce the environmental impacts which typically occur during and after site construction. These impacts include: (i) The loss of sediment from the site during construction which adversely affects fish spawning areas and buried aquatic insect habitat. (ii) Erosion within the stream buffers, both on and off-site. (iii) Inhibition of fish passage by installing typical culvert crossings. (iv) Temperature changes in the receiving streams caused by warm water runoff from impervious surfaces from site development. Increasing the stream temperature can harm cool water fish species. (v) Runoff of nutrients, toxins, and/or other water pollutants caused by excessive fertilizer applications, improper use, handling, storage, or disposal of petroleum by products, pesticides, and other potential water contaminants. (vi) Degradation to receiving streams from increased runoff and pollutants created by land development. 2. Required water resource protection measures. To mitigate these impacts, the following water quantity, quality, thermal impact reduction, and sediment control methods are required and must be incorporated into the concept package for review and approval. 3. Water quantity design requirements. (i) Unless otherwise approved by the Department, all proposed stormwater management facilities must be located entirely out of the stream buffer and outfall locations must be combined to reduce the amount of disturbance to the stream buffer. (ii) Provide measures, such as flow splitting, to increase the flow length and reduce temperature impacts to the stream during small storms. Tree plantings may be required if the existing tree stand does not provide sufficient shade. (iii) All on-site areas must have stormwater management controls. Provide either a private storm drain or permanent berm along the backs of lots to convey all runoff from developed areas to proposed stormwater management facilities. If this is physically impossible due to topography, then the applicant must demonstrate to the Department's satisfaction how stormwater quantity will be compensated by other proposed facilities. (iv) Stormwater management concept plans need to identify any off-site areas that are used in design computations for proposed outfall study points. 4. Water quality design requirements. (i) Infiltration trenches should be used whenever possible for water quality control. However, within SPAs, added measures such as a surface sand filter uphill of the trench for added treatment will be required. To provide enhanced nutrient removal, the surface of the sand filter may be required to have a porous soil layer which can support wetness tolerant plantings. (ii) Unless otherwise approved by the Department, water quality structures must be located outside of stream buffers. (iii) For ease of maintenance and improved pretreatment of grit and trash, the infiltration trenches should be designed to be shallow and receive surface runoff only. The sand filter underdrain must outlet onto the surface of the trench. In thermally sensitive streams, a modified infiltration trench design may be required to prevent the trench from failing and staying full of water. An underdrain pipe must be added in the bottom of the trench, similar to the sand filter, but the end of the pipe must be capped. If the infiltration trench fails over time and no longer drains into the soil, then the cap can be removed and the trench will function as a sand filter. (iv) Designs must provide a safe, non-erosive overflow for any proposed water quality structures. A berm with a vegetated weir lined with turf reinforcement mat is recommended. (v) A geotechnical report must be provided, including in-place percolation tests for any proposed water quality structures. Fractures providing recharge to the site should be identified. Groundwater recharge structures will be designed and located so as to maintain infiltration of rainfall. 5. Thermal impact reduction. (i) Shade all rip rap outfalls, infiltration trenches, and sand filter surfaces. (ii) Provide a low flow channel in any proposed pond bottom lined with turf reinforcement mat. The bottom of the proposed pond should also be reforested with wetness tolerant tree and shrub species. (iii) Unless otherwise approved by the Department and the Department of Transportation, open section roadways must be used. (iv) Reforest the disturbance from any proposed pond barrel and pond outfall below the pond, if tree removal is excessive. Keep the tree and shrub plantings away from the embankment. (v) Provide a mini-riser on any dry pond riser to prevent clogging of the trash rack and unwanted ponding of water. (vi) Prevent warming of the groundwater by avoiding excavation into the groundwater tables for any proposed pond and water quality structures. If this cannot be avoided in dry ponds, then add drain tile to convey the groundwater seeps directly to the riser, and a drain at the end of the barrel to pass the water under the rip rap outfall to keep it cool. 6. Sediment control requirements. (i) Use sediment traps with at least 3600 cubic feet of storage per acre of drainage area. Dewater all traps and the pond (while it functions for sediment control) to draw down the water before it warms up. Dewatering devices must be designed to remove fine particulate matter such as clay from runoff. Redundant structures can be used together to improve sediment removal efficiency. (ii) If the pond is used for sediment control and its design storage is not sufficient for double the sediment storage, then a trap must be added uphill to make up the difference. The size of the pond must not be expanded. (iii) Reduce the amount of disturbance by providing a phased grading and stabilization scheme. Where feasible, phased grading will be required and the entire site will not be allowed to be disturbed at the same time. (iv) Unless otherwise directed by the Department, sediment controls must be located out of the stream buffers to preserve the existing trees and limit site disturbance. (v) The use of "super" sift fences, will be required for all areas where sift fences are to be applied (e.g. for pond construction or culvert construction). (vi) A meeting with the Department prior to detailed design plan submittal to discuss the erosion and sediment control strategy is recommended. Table 2 Recommended monitoring protocols for selected physical parameters. This table presents the full range of physical parameters that could be monitored. All parameters will not be required to be monitored for most developments. This regulation takes effect immediately after adoption by the Montgomery County Council. All roadway-construction projects, or any construction activity within the boundaries of a dedicated public right-of-way; or any complete or partial private road closure in urban areas; including roads, sidewalks/bikeways, curbs, gutters, and drainage systems; require a permit and will be charged a fee by the Department of Permitting Services. A. General 1. Applications, including applications for revisions, must be accompanied by the permit fee or the filing fee as specified. 2. All remaining fees must be paid before permit issuance. 3. The estimated project cost is determined by the Director of the Department of Permitting Services based on average costs submitted on recent County capital-improvement project bids for comparable work or a current professionally prepared cost estimate for the average costs of such work. Information regarding estimation of construction costs can be found at this link: http://permittingservices.montgomerycountymd.gov/DPS/bond/BondsEstimate.aspx 4. Where a maintenance of traffic or traffic control plan is required, a permit must be obtained for activity in the right-of-way; or for complete or partial closure of any private road in urban areas, and the permit fee must be paid before permit issuance. 5. The minor plat fee must be paid prior to Department approval. 6. The fee for a revision to an Engineered Public Right-of-Way Permit for changes of ownership is the minimum permit fee. 7. The fee for a change of legal description or other administrative revision to a Right of Way Permit after permit issuance is 50% of the minimum permit fee. 8. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02. 9. A private road is considered to be completely closed if any section of the road has no lanes available for vehicular use. A private road is considered partially closed if at least one lane is available for vehicular use or when any portion of an abutting sidewalk is closed to pedestrian use. Additional standards apply to partial road closures of 15 days or more. B. Work in Public Right-of-Way Permits • Driveway Permits 1. Fee is 14.65% of the estimated project cost. 2. Non-refundable filing fee of $150 is required. • Utility Permits 1. Under Roadway Work $0.775/LF, Minimum $775 2. Above Roadway Work (minimal or no trenching) $0.425/LF, Minimum $425 3. Aerial Work $0.425/LF, Minimum $425 4. House Connections $425/Connection • Special Use and Roadway Occupancy Permits $215 (Includes dumpsters, cranes, storage container, temporary pedestrian access, partial closure of a private road for 14 days or less, and tree planting) • Stump and Hazardous Tree Removal $0 (Includes removal of a roadside tree which has been determined by a licensed tree expert and approved by the Department to immediately endanger a person or property) C. Engineered Public Right-of-Way Permits • Roadway Grading Permit • Paving Permit • Storm Drain Permit 1. Fee is 14.65% of the estimated project cost, or $1,910, whichever is greater. 2. A nonrefundable filing fee of 50% of the estimated project cost or $1,910, whichever is greater is required. 3. Must include best available information on project costs when the initial application is submitted. D. Traffic Management Plans and Private Road Closures $2,600 This fee applies to: 1. Maintenance of traffic plans in Central Business Districts; 2. Rights of way 80 feet or greater; 3. Work in any other area that is two weeks or greater in duration; 4. Any site specific non-standard workzone temporary traffic control plans. 5. A complete closure of a private road of any duration or partial closure of a private road of 15 days or more. E. Minor Record Plats 1. For review and approval of Subdivision Record Plats created per requirements of Chapter 50 Section 35A for Minor Subdivisions. 2. Nonrefundable Filing Fee $500 F. Permit Revisions 1. Engineered Right-of-Way Permits a. 14.65% of the estimated project revision cost, or $1,910, whichever is greater. b. An engineered cost estimate, fully detailing estimated project cost, must accompany the revision application. 2. All Other Right of Way or Private Road Closure Permit Revisions $150 G. Public Right-of-Way Permit Extensions 1. Road and Right of Way construction permits are valid for a period of 18 months. 2. The fee to extend an Engineered Right of Way Permit is 15% of the total permit fee in effect when the extension request is submitted. 3. The fee to extend all other Right of Way Permits $150 A. General 1. Applications, including applications for revisions, must be accompanied by the permit fee or the minimum filing fee as specified. 2. All remaining fees must be paid within one year after permit issuance or before final inspection, whichever occurs first. 3. All Stormwater Management Concept fees, Floodplain Study fees and Floodplain-District Permit fees must be paid when the application is submitted or before the Department initiates reviews. 4. The fee for a revision to a Sediment Control Permit or a Floodplain District Permit for changes of ownership is the minimum permit fee. 5. The fee for a change-of-legal description or other administrative revision to a Sediment Control Permit or a Floodplain District Permit after permit issuance is 50% of the minimum permit fee for the permit type being revised. 6. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02. B. Stormwater Management Concept or SPA Water Quality Inventory 1. Fee at Submittal $2,765 2. Fee to Revise $1,385 C. Site Development SWM Plan Review $1,385 D. Stormwater Concept/Site Development Stormwater Plan Combo $2,765 E. SPA Water Quality Plan Review (Preliminary) 1. Fee at Submittal $815/Acre 2. Minimum Fee $2,765 3. Maximum Fee $16,300 F. SPA Water Quality Plan Review (Final) $1,385 G. SPA Water Quality Plan Review (Preliminary & Final) 1. Fee at Submittal $815/Acre 2. Minimum Fee $2,765 3. Maximum Fee $16,300 H. Other Revisions to Stormwater Concept Plans $1,385 I. Other Revisions to Water Quality Plans $1,385 J. Stream Monitoring $860/Acre 1. Fee must be paid before issuance of the Sediment Control Permit. 2. The fee will be calculated based on the total acreage of the site as shown on the approved record plat. 3. All fractions of acreage will be rounded to the nearest whole number. 4. If the acreage fraction is .5, the next higher whole number will be used. 5. The Department of Permitting Services collects this fee for the Department of Environmental Protection. K. Sediment Control Permits 1. Engineered Permits a. Fee is $.086 per square feet of disturbed area, or $1,910, whichever is greater. b. A nonrefundable filing fee of 50% of the total permit fee, or $1,910, whichever is greater, is required when the application is submitted. c. Fee to Revise is $.086 per square feet of additional disturbed area plus the Minimum fee of $1,910. 2. Engineered Permits for Single Family Lots a. Fee at Submittal $1,910 b. Applies to work on one single family lot. c. Does not apply to plans that include work on multiple lots or which include road construction. d. Must be for single family use. e. A Stormwater Concept Submission is not required. 3. Small Land Disturbance Activity Permits a. Fee at Submittal $815 b. May be used for projects that do not require stormwater management. c. May be used for single family residential lots when the disturbed area is less than 20,000 square feet or for the maintenance of existing stormwater management facilities unless otherwise approved by the Department. 4. Forest Harvest Activity Permits $815 5. Stormwater Management As-Built Plans a. Fee at Submittal $1,910 b. Any extension fees will be due when the As-Built Plans are submitted. 6. Permit Extensions a. The fee to extend an Engineered Sediment Control permit is 15% of the total permit fee in effect when the extension request is submitted. If an as-built plan has been submitted and approved, the fee is $210. b. Initial Sediment Control permits are valid for 24 months. c. The fee to extend all other Sediment Control permits $150 L. Floodplain District Permits 1. Fee at Submittal $900 2. One Year Extension Fee $135 M. Floodplain Studies 1. Fee at Submittal $1,140 2. A Floodplain Study may include a dam breach analysis. A. General 1. Applications, including applications for revisions, must be accompanied by the permit fee or the minimum filing fee as specified. 2. All remaining fees must be paid before any subsequent submission for review or before permit issuance, whichever occurs first. 3. Permits are valid for a period of one year. 4. Permit fees are not transferable. 5. The fee for minor plan revisions is the Minor Plan Review Fee. 6. The fee for investigation, review and issuance of a permit to repair an existing sewage-disposal system is the Minor Plan Review Fee. 7. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02, unless otherwise noted. B. Conventional Percolation Tests Per Lot, Per Visit $780 C. Percolation Tests Per Lot, Per Visit, for Mound Systems $1,050 D. Water Table Level Checks, Per Visit $440 E. Individual Sewage Disposal Permit $1,200 F. Plans Review for Subdivision and Platted Lots and Revisions $510/Lot G. Minor Plan Review and Environmental Health Survey $375 H. Partial Environmental Health Survey $235 I. Review Repair of Existing Sewage Disposal Systems $375 J. Septage Hauler Permit Inspection (Including Truck Inspection) $375 K. Septage Hauler Permit Inspection (Reciprocal Truck Inspection) $235 L. Permit Extensions 1. Fee at Submittal $170 2. Permits are valid for 12 months. 3. Upon written request a permit may be extended for an additional six months. M. Well Permits $160 1. Not subject to Automation Enhancement Fee. Filing fees and permit fees are based on fees in effect on the date the application was filed. All other fees are based on fees in effect when the service is requested (revision fee, extension fee, etc.). A. Administrative Permit Application Revisions $70 B. Refunds 1. Filing fees are nonrefundable except in the case of an administrative error. 2. In the case of an abandonment or discontinuance of a project under permit, a refund of up to 50 percent of the fee paid (excluding filing fee) may be granted provided: a. No construction has occurred, and b. A written request for refund is made before the expiration date of the permit. c. Revoked, suspended, or invalid licenses or permits, or permits or licenses in litigation are not eligible for refunds. C. Bonding Alterations Bonds must be posted for permitted projects under the applicable Code. Fees for alterations to a posted bond are as follows: 1. Fee to replace a Performance Bond, Irrevocable Letter of Credit, Cash Bond or Certificate of Guarantee $140 2. If the purpose of the replacement is to reduce the amount of the instrument due to partial completion of work, the fee for the partial reduction is $280 D. Expedited Plan Reviews 1. Fee is 25% of total permit fee. 2. Per COMCOR 08.24B.01. The Director of Permitting Services must calculate an enterprise fund stabilization factor (EFSF) each year to be applied to each fee set in or under this regulation on July 1 of each year. The EFSF is the factor by which the fee calculation is adjusted, up or down, to cover DPS labor and operating costs and to manage the DPS reserve policy in accordance with the 2002 Principles of the Fiscal Management of the Permitting Services Fund. The Director must publish the EFSF for each upcoming fiscal year not later than March 15 of the current fiscal year. For any year in which the EFSF will be less than .80 or greater than 1.20, the Department must review its fee rates and functional analysis behind the fee rates to determine if changes need to be made to the fee rates. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. A. Fee Calculation: Best management practices (BMP) monitoring fees in the amount of $0.06 per square foot of disturbed area per the Sediment Control Permit application(s) must be paid by the permittee before the Department of Permitting Services (DPS) Director releases the Sediment Control Permit(s) for a permitted project in a Special Protection Area (SPA). Each project with an approved water quality plan is subject to the fee. The Director of the Department of Environmental Protection (DEP) must determine the frequency, quantity, and type of monitoring needed for each permitted project. The fee to be charged for each project must be determined as follows: (1) If the land area for an individual development site lies entirely within a designated SPA, the fee calculation must be based on the aggregated sum of disturbed area for that site. (2) If the land area for an individual development site does not lie entirely within a designated SPA, the fee calculation must only take into account the disturbed area within the SPA and be based on the drainage area delineation to SPA tributaries, as determined by the DPS Director. B. Transfer of BMP Monitoring Responsibility: A permittee must pay a BMP monitoring fee if the permittee’s approved water quality plan is amended after the effective date of this regulation for the purpose of transferring responsibility for BMP monitoring from the permittee to DEP. The fee charged for each transferred project must be based on the area of disturbance as described in subsection A and computed as follows: (1) If the permittee transfers to DEP the responsibility for BMP monitoring before initiating any during-construction monitoring, the permittee must pay a monitoring fee in the amount of $0.06 per square foot of disturbed area per the Sediment Control Permit application(s). (2) If the permittee transfers to DEP the responsibility for during or post-construction monitoring after having initiated during- construction monitoring, the monitoring fee to be paid by permittee must be the lesser of: (a) $0.04 per square foot of disturbed area per the Sediment Control Permit application(s); or (b) The percent of required post-construction BMP monitoring that has not yet been completed and approved by DEP, multiplied by the previously determined post-construction BMP monitoring bond estimate, and calculated according to the following formula: [(A - B) / A] x C = Total BMP Monitoring Fee Due A = Number of months post-construction BMP monitoring required B = Number of months post-construction BMP monitoring completed, as calculated and approved by DEP C = Previously determined post-construction BMP monitoring bond estimate. Example calculation: A | # Months Required | 60 B | # Months Completed | 48 C | Bond Estimate | $100,00 0 | [(A - B) / A] x C = | $20,000 C. Collection: The Department of Permitting Services is responsible for collecting all BMP monitoring fees. The DPS Director must deposit the BMP monitoring fees collected under this regulation into the stormwater management fund created under Section 19-35 of the County Code. D. Indexing of Fees to Labor and Operating Cost Changes: The DPS Director must adjust the fee set under this regulation on July 1 of each year as provided in § 19.67.02.05. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect when received by the County Council.

This regulation implements the portion of the County’s Roadside Trees Protection Law in Section 19-71 of the County Code as adopted by Bill No. 41-12. For the purpose of this regulation the following words and phrases will have a meaning respectively ascribed to them in this regulation unless the context indicates otherwise: Critical Root Zone: the area beneath a tree represented by a concentric circle centering on the tree trunk with a radius equal in feet to 1.5 times the number of inches of trunk diameter measured four feet six inches above ground level on the uphill side of the tree. Licensed Tree Expert: a person licensed under Natural Resources Article 5-415 et seq., Annotated Code of Maryland. Roadside Tree Care Permit: a permit issued by the Maryland Department of Natural Resources in accordance with the laws of the State of Maryland. Except as other provided in this regulation, procedures for application, implementation, review, approval, denial, and appeal are the same as the procedures for right of way permits under Chapter 49 of the Code. The following documents are incorporated by reference as if fully set forth. Whenever the provisions of this regulation and those of the following documents are in conflict, the provisions of this regulation will govern and be enforced in the County: A. American National Standards for Tree Care Operations, ANSI A300, American Standards Institute, hereinafter referred to as ANSI A300, in effect as of December 1, 2013. B. American Standard for Nursery Stock, ANSI Z60.1, American Nursery & Landscape Association, hereinafter referred to as ANSI Z60.1, in effect as of December 1, 2013. A. If a sediment control permit is required by the County Code a natural resources inventory is required. In addition to any other requirements, the natural resources inventory must show the location, species, and size of all roadside trees along the frontage of the property subject to the sediment control permit application and fifty feet on either side of the property. The diameter of each tree shall be measured at a height of 4 ½ feet above the existing ground elevation. B. The natural resources inventory must also show the proposed limits of disturbance including that which is required for the installation of utilities, construction storage and staging areas, installation of sediment controls, as well as areas where vehicles will drive or park. C. If the area under the critical root zone of any roadside tree is impacted, the applicant must apply for a right of way permit or amend an existing application for a right of way permit to include the disturbance or removal. The right of way permit application must include a tree protection plan. The Department will approve all measures necessary to protect roadside trees unless the right of way permit designates the removal of those trees. D. The applicant must also apply for a Roadside Tree Care Permit from the Maryland Department of Natural Resources. E. The sediment control permit will not be issued until the Roadside Tree Care Permit, if one is required by the Maryland Department of Natural Resources, is issued. F. During construction there must be no additional land disturbance outside of the area designated by the permit without the approval of the Department. This includes the location of storage and staging areas as well as access drives for vehicles as well as temporary parking areas.

This regulation addresses the handling of enforcement matters pursuant to the Public Ethics Law by the Ethics Commission and its staff. Enforcement issues covered by this regulation arise when a violation of the Montgomery County Public Ethics Law may have occurred and the Commission staff or the Commission becomes aware of the issue. The regulation covers the handling of issues by the Commission and not by other agencies; thus, other proceedings, such as adverse personnel actions, may be instituted separate and apart from Commission consideration of an enforcement issue. 2.0 Preliminary Inquiry – When Commission staff becomes aware of a possible ethics violation, it will assess the information received for compliance with Public Ethics Law requirements. Commission staff may conduct a preliminary inquiry (which does not involve the statutory investigative authorities of the Commission) to determine whether a matter merits being presented to the Commission for its consideration or other resolution. Where the Commission staff obtains prima facie evidence of a violation of the Public Ethics Law, Commission staff has available to it a number of options to resolve the matter. 2.1 Resolution of Minor Violations – Many potential violations involve minor compliance issues with financial disclosure, outside employment, and lobbying registration and reporting requirements. Commission staff will resolve many of the compliance issues by obtaining compliance with requirements by the responsible person. 2.2 Civil Citations – Authorized Commission staff can issue a civil citation for an apparent offense of the Public Ethics Law, enforceable in District Court. 2.3 Settlement – In lieu of issuing or enforcing a civil citation, Commission staff can seek a settlement from the person cited or to be cited; any payment to settle a matter may not exceed statutory limits for violations of the Public Ethics Law. 2.4 Fines – For financial disclosure non-compliance, Commission staff may impose the statutory fine in 19A-32(b) and refer the filer to the Chief Administrative Officer or the Council Administrator for disciplinary action. Within 30 days after a fine is imposed, the filer may request a waiver or reduction of the fine. The request must be in writing to the Commission showing good cause why the fine should be waived or reduced. Upon continued failure of a filer to file the required report or pay the fine imposed, authorized Commission staff may issue a citation enforceable in District Court imposing additional fines and penalties or present the noncompliance issue to the Commission. 2.5 Proposals to Cure Apparent Violations – Commission staff can elevate a noncompliance issue by presenting it to the Commission for consideration of whether to cause an investigation and (after investigation) file a complaint. Commission staff can ask the person responsible for the possible violation any time before the Commission files a complaint or sets a matter for hearing if he or she would like to propose a cure to the Commission to remedy the possible violation. Any proposal to cure must recite stipulations of fact and law and any actions taken or agreed to be taken. Commission staff must present any such proposal to the Commission for its consideration. The Commission may accept or reject the proposal independent of staff’s recommendation or agreement. In the event the Commission accepts the proposal to cure, the Commission staff may resolve the matter based on the terms agreed to by the Commission. Upon satisfaction of the terms of the accepted proposal, the Commission staff will close the matter. Any accepted proposal acknowledging a violation of the ethics law will be made public. 3.0 General – The Commission will consider information presented to it by staff about a potential violation and may take any one of the following courses of action. 3.1 Obtaining Additional Information – The Commission may ask staff to request information from County agency officials or conduct a preliminary inquiry into a matter to obtain sufficient information to determine if an investigation is necessary to resolve a matter or if other action is warranted. 3.2 Referral to Management – The Commission can refer a matter to a County agency for management consideration and resolution without conducting a Commission investigation or making any findings. In deciding whether to refer a matter, the Commission will weigh the benefit of reaching independent conclusions through investigation and adjudication versus the efficiency of agencies resolving matters themselves through internal investigation and personnel action if appropriate. The decision whether to employ Commission investigation and possible adjudication will include analysis of whether Commission action is necessary to ensure public confidence. 3.3 Citation Issuance – The Commission may direct authorized staff to issue a citation in connection with an apparent offense. The direction to issue a citation in a matter does not constitute a finding of a violation of the Public Ethics Law by the Commission. A citation is an appropriate remedy for apparent violations of the Public Ethics Law involving failure to meet financial disclosure or lobbying filing requirements; financial disclosures of prohibited gifts; outside employment without an approved outside employment request; and other instances where an apparent violation of the Public Ethics Law exists and the Commission determines that a matter would be better handled through the citation process rather than through the Commission’s investigation and adjudicatory process. Factors the Commission may consider in making this determination include the complexity of the facts involved; whether novel issues of law are present; and the relative importance of the matter in terms of the Commission’s mission to ensure public confidence in the impartiality of public employees. 3.4 Investigation Authorization – The Commission can cause a matter to be investigated if it finds in writing that an investigation is necessary to resolve the matter. 3.5. Closure – The Commission may close a matter or decide to take no further action in a matter if in the Commission’s discretion it determines that no further action is warranted. 4.0 Formal Complaints – A formal complaint is an allegation of facts made under oath that would support a reasonable person in concluding that a violation of the Public Ethics Law or Sections 2-109, 11B-51, or 11B-52(a) has occurred. 4.1. Review of Complaints – A formal complaint received by Commission staff must be presented to the Commission. Upon review of a formal complaint, the Commission can dismiss the complaint for failure to include facts sufficient to support a violation, set the matter for hearing, or cause an investigation of the matter. The Commission may also dismiss the Complaint without prejudice on the basis that the matter does not merit the resources associated with investigation and adjudication of the alleged violation and refer the matter to Commission staff for resolution or for referring to agency management for appropriate disposition. 4.2 Commission Complaints – The Commission can, on its own motion and based on a report of investigation, file a complaint regarding a matter. 5.0 A Commission investigation is an investigation conducted pursuant to 19A-9 of the Public Ethics Law after the Commission has found in writing that an investigation is necessary to resolve a matter. The investigation will be conducted by the Commission staff, the County Attorney, the Inspector General or such other person temporarily retained to conduct the investigation. 6.0 Setting a Matter for Hearing – Once a formal complaint has been filed, and a report of investigation, if any, has been received by the Commission, the Commission may set a matter for hearing if it finds reasonable cause to believe that a violation of the ethics law has occurred. 6.1 Consent Orders – Once a matter has been set for hearing, the Commission may dispose of a matter by consent order instead of conducting the adjudicatory hearing. The terms of a consent order can be negotiated between the subject of the complaint and the person assigned to prosecute the matter. Any consent order proposed by the parties must be presented to the Commission for its consideration. The Commission may accept or reject the proposed consent order, independent of any proposed agreement entered into between the prosecuting party and the subject of a complaint. In the event the Commission accepts the consent order, the Commission staff will notify the complainant, if any, of the resolution and close the matter. Any accepted proposal acknowledging a violation of the ethics law will be made public. If the Commission rejects the proposed consent order, the hearing will be conducted as originally scheduled. 6.2 Procedures – Commission proceedings are not governed by the County’s Administrative Procedures Act (Chapter 2A of the County Code), though the Commission will look to the Act when appropriate for guidance, including section 2A-7(b) regarding permissible discovery. All papers and pleadings filed with the Commission must contain a Certificate of Service indicating service upon the other party. Each party must file a Notice of Service with the Commission for any discovery served upon the other party. Responses to requests for written discovery are due 30 days after service. 6.3 Prehearing Submissions and Conferences – a. The contents of prehearing submissions must meet the requirements of Section 2A-7(a) of the County Code. b. The Commission may request the parties to attend a prehearing conference and submit to Commission staff a prehearing statement including a proposed list of witnesses; any documents that will be introduced at the hearing; and an estimated length of the presentation of their case. Any evidence sought to be admitted at the hearing that has not been provided to the Commission with the prehearing statement at least 10 days before the hearing may be barred from admission into evidence, at the discretion of the Chair of the Commission. c. The Commission may designate a Commission member to conduct a prehearing conference to address preliminary motions; scheduling; the issuance of subpoenas; discovery; stipulations or other agreements to avoid unnecessary evidence; identification of witnesses; and avoidance of presentation of unnecessary, cumulative evidence. The presiding Commission member may issue a prehearing order ruling on the issues addressed at the prehearing conference. Any exception taken to a prehearing order must be taken within 5 business days of the issuance of the prehearing order. 6.4 Ex Parte Communications – Commission hearings are subject to the rule prohibiting ex parte communications in 19A-15(b). 7.0 If the Commission concludes a violation of the Public Ethics Law occurred, the Commission may order a subject of a complaint to stop violating the ethics law. The Commission may seek a court of competent jurisdiction to order a person to stop violating the ethics law or to void an official action, under limited circumstances. The Commission may: direct staff to issue a citation; seek recovery for damages or the value of anything received by a person for certain violations; seek the imposition of disciplinary action by an appropriate agency; issue a public or private reprimand; and impose a fine which does not exceed statutory limits. The Commission may, at any time, refer to an appropriate prosecuting attorney any information that indicates that a criminal offense may have occurred.

This Regulation applies to the outside employment of all County employees, as those terms are defined below. 2.0 Definitions contained in Chapter 19A are hereby incorporated. See Section 19A-4, Montgomery County Code. 2.1 Confidential Information – Information, whether oral or written, in the custody of a County employee or an uncompensated appointed official which is not available to the public pursuant to Title 4 of the General Provisions Article, Annotated Code of Maryland. This information includes personnel records, confidential commercial information and information protected by law. 2.2 Compensation for Services – Includes receipt of any money or thing of value, regardless of form, paid for services rendered, including sharing in benefits from a business to which an employee provides services and active or earned income from a real estate or other investment business; compensation does not include the receipt of passive income from investment activities. 2.3 County Employee – Any person, including elected or appointed officials, who is compensated in whole or in part by the Montgomery County Government, but does not for purposes of this Regulation include employees of the following: Revenue Authority, Housing Opportunities Commission, or Board of License Commissioners, independent fire departments or rescue squads. A member of a County board, committee, or commission is not a County Employee for purposes of this Regulation. 2.4 County Property – All assets of the County, including but not limited to computers, office equipment, telephones, copiers, County letterhead, and County cars. 2.5 Outside Employment – The employment of a County employee performing work for compensation for other than the County or an agency, or the Revenue Authority, Housing Opportunities Commission, Board of License Commissioners, independent fire departments and rescue squads, Montgomery County Public Schools, Montgomery College, the State’s Attorney’s Office in Montgomery County, the Office of the Sheriff, and the Circuit Court. Outside employment does not include any military, National Guard or volunteer (non-paid) service. 2.6 Regulated by a County Agency – Subject to the authority of or doing business with the County agency. 2.7 Supervisor – A County employee who has authority to hire, fire, rate the performance of, or direct the day-to-day activities of a subordinate employee or to participate in these actions. 3.0 To set forth the policies associated with the requirement to obtain approval for outside employment for County employees. Approval for outside employment does not supersede any other conduct prohibition or need for a waiver. 4.0 Ethics Commission Approval – County employees must receive approval pursuant to these regulations for all outside employment, regardless of whether the employment is performed after hours or during vacation periods. 4.1 Prohibition on Referrals, Acceptance of Referrals and Solicitation of Referrals – County employees and uncompensated appointed officials, while on duty, may not refer, accept referrals, or solicit referrals for their outside employment, nor sell or offer to sell or otherwise market products or services related to their outside employment to other County employees during work hours. 4.2 Restriction on Supervisory Roles – In engaging in outside employment, County employees are prohibited from: a. Supervising or being supervised by any person(s) the County employee supervises or is supervised by in County employment; and b. Working for any business in which a person the County employee supervises or who supervises the County employee as part of County employment owns a five percent or greater interest. 4.3 Prohibited Outside Employment – County employees may not be employed by any business that is regulated by or negotiates or contracts with the County agency with which the employee is affiliated. 4.4 Use of County Property – County employees and uncompensated appointed officials may not use any County property whatsoever in the discharge of their outside employment including transport to and from their outside employment. The Commission may permit an employee to use County property if the employee obtains written approval by the agency head or pursuant to a regulation of the agency. 4.5 Agency Outside Employment Requirements – Individual County agencies may have directives in regard to outside employment activities in addition to but not less restrictive than Commission regulations. 4.6 Confidential Information – County employees and uncompensated appointed officials may not use or disclose confidential information gained in County employment for personal financial gain, gain of another, or for any purpose other than use in County employment. 4.7 Assistant State Fire Marshal – County employees with Assistant State Fire Marshal powers and responsibilities may not engage in any outside employment in the State of Maryland which involves fire safety practices, prevention or corrective activities, coordination of fire safety programs or critical analysis and evaluation of Maryland fire loss statistics. 4.8 Exemption for Limited Outside Employment – Employment of less than one day for services of $100 or less with a person or entity that does no business with the County employee’s employing agency and is not otherwise affected by the performance of County duties by the County employee is exempt from the requirement for outside employment approval by the Commission. 4.9 Exemption for Certain Job Classes – Uncompensated appointed officials, employees below grade 27 who work for the County less than 10 hours per week, and County employees in the classifications within Grades S1-S6 and 5-13 are exempt from the requirement for outside employment approval by the Commission, except from the classifications listed below: Data Application Trainee Computer Operator Trainee Crossing Guard Data Entry Operator I & II Data Application Specialist I & II Legislative Intern However, all County employees and appointed officials remain subject to the provisions of all other Commission policies and the provisions of the Montgomery County Code, Chapter 19A. 4.10 Waiver – A County employee may request a waiver of these policies by the Commission in accordance with the criteria established in § 19A-8 of the Montgomery County Code. 5.0 Employee – A County employee must apply for outside employment using the Outside Employment Online System which will automatically forward the request to reviewing officials in the employee’s agency. If there are no reviewing officials for an employee, such as may be the circumstance for elected officials, the Chief Administrative Officer or the Council Administrator, the request will be reviewed by the Commission without agency review. 5.1 Agency Head and Supervisor – The Agency Head and Supervisor must recommend approval or disapproval of the employee’s request and forward the employee’s request with recommendations, including specific conditions when appropriate, to the Commission. If disapproval is recommended, the Agency Head or Supervisor should state the specific reasons for the disapproval recommendation. The Agency Head may delegate the recommendation function to a designee, but sub-delegation by a designee is not permitted. Requests for outside employment with a duration of six (6) weeks or less may be approved by the Agency Head or delegee and will be considered approved by the Commission without further review where there is no question by the approving official concerning conflicts of interest. 5.2 Commission – With the exception of requests with a duration of six (6) weeks or less, the Commission will review the request and make a final decision. The Commission will then notify the employee and agency head in writing of its final decision. 5.3 Date Work May Begin – County employees may begin outside employment when the employment is approved by the agency head, with the understanding that continuation of the outside employment is contingent upon final approval by the Commission. 5.4 Changes in Outside Employment – County employees who have outside employment approval must submit a new request for outside employment if there are changes in the identity of outside employer or the duties involved in the outside employment. 5.5 Changes in County Employment – A County employee who receives approval for outside employment and later transfers to another agency (or accepts another position within the agency) must within thirty (30) days of the transfer submit a new request for outside employment to continue the outside employment. If a new request is submitted within thirty (30) days after the transfer, the original approval will remain effective until the Commission either grants or denies the new request. If a new request is not submitted, the original approval will terminate thirty (30) days after the transfer. 5.6 Effective Dates – An approval of an outside employment request will be effective for no more than three (3) years after the approval of the request by the Commission. Employees may be granted outside employment approval for a specific period of time less than three years. 5.7 Submission of Continuation Requests – A County employee seeking to continue outside employment beyond the three year approval period or for a lesser specified period must submit a new request for outside employment thirty (30) days or more prior to the expiration of the applicable period. If a new request is submitted at least thirty (30) days prior to the expiration of the applicable period, the original approval will remain effective until the Commission either grants or denies the new request. 5.8 Violations – Failure to obtain Agency or Commission approval for outside employment, or failure to comply with any Agency or Commission imposed or adopted rules or conditions related to outside employment, violates the Ethics Law and may result in disciplinary action, the temporary or permanent revocation of permission to engage in outside employment, and other penalties as provided by law. 5.9 Revocation of Approval – After giving a County employee notice and an opportunity to respond, upon a determination by the Ethics Commission that any approved outside employment is inconsistent with the Public Ethics Law, the Commission may revoke a previously granted approval. An employee must respond within 30 days to a notice from the Commission regarding a proposed revocation of an outside employment approval. In addition to the other provisions of this regulation, the following provisions also apply to police officers. 6.1 Use of County Equipment and Uniforms by Police Officers in Outside Employment – Police officers may use County equipment and uniforms in outside employment only as expressly authorized by regulation. 6.2 General Use of County Vehicles – Police officers may use County vehicles only as expressly authorized by regulation.

This Regulation applies to all public employees except as otherwise specified by law. A public employee may request a waiver of these policies by the Commission in accordance with the criteria established in § 19A-8 of the Montgomery County Code. 2.0 A public employee must not intentionally use public office or authority for the employee’s private gain or the private gain of another or to coerce or induce another, including a subordinate, to provide any benefit to the employee or to friends, relatives, or persons with whom the employee is affiliated with in a nongovernmental capacity. 2.1 Use of a Subordinate’s Time – A public employee must not encourage, direct, coerce, or request a subordinate to use official time to perform activities other than those required in the performance of official duties or authorized in accordance with law or regulation. 2.2 Endorsements, Letters of Recommendation – A public employee must not use or permit the use of any authority associated with public office in a manner that could reasonably be construed to imply that the employee’s agency or the County sanctions or endorses the employee’s personal activities or those of another. Letters of recommendation using official title may be issued only in response to a request for an employment recommendation or character reference based upon personal knowledge of the ability or character of an individual with whom the employee has dealt in the course of County employment or whom the employee is recommending for County employment. An employee must not use or permit the use of his or her Government position or title or any authority associated with his or her public office to endorse any product, service or enterprise except: a. In furtherance of statutory authority to promote products, services or enterprises; or b. As a result of documentation of compliance with agency requirements or standards or as the result of recognition for achievement given under an agency program of recognition for accomplishment in support of the agency’s mission. 2.3 Teaching, Speaking and Writing – When teaching, speaking, or writing in a personal capacity, the employee may refer to the employee’s official title or position as one of several biographical details when such information is given to identify the employee provided that his title or position is given no more prominence than other significant biographical details. An employee may not focus on Montgomery County policies and practices in a compensated teaching, speaking or writing activity or divulge the specifics of experience as a public employee for private gain. 2.4 Nepotism, Employee Prohibition – A public employee must not appoint, hire, or advocate the advancement of a relative (as that term is defined in the Public Ethics Law) to a County position. 2.5 Nepotism, Employment Prohibition – A relative of a public employee must not be employed in a position if the public employee: a. Would exercise jurisdiction or control over the position; or b. Advocates the relative’s employment. 2.6 Representation by Employees of Persons Before the County – A public employee must not: a. While identifying oneself as a public employee assist or represent another person in any matter before any County agency or employee or in a matter in which the County has an interest; or b. Receive any gratuity, or any share of or interest in any matter before any County agency or employee, in consideration of assistance in the matter. 2.7 Exceptions to Representation Prohibition – Subsection 2.6 does not apply to: a. The performance of usual and customary constituent services without additional compensation; b. A Board, Commission or Committee member with respect to matters before County agencies other than the Board, Commission or Committee on which the member serves unless the member has as a public employee at any time participated personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in the matter; c. Assistance to or representation of an employee without compensation in an employment-related matter by an employee other than an elected or appointed employee; d. Acting as an agent or attorney for, or otherwise representing the employee’s parents, spouse, child, or any person for whom, or for any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary except— i. in those matters in which the employee has participated personally and substantially as a public employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or ii. in those matters which are the subject of the employee’s official responsibility; e. Giving testimony under oath or making statements required to be made under penalty of perjury or contempt; f. Any provision of any other Federal, Maryland or County law that authorizes labor-management relations between the County and any labor organization that represents its employees; g. A public employee who is appointed as a representative to a regulatory or licensing body under a statutory provision that persons subject to the jurisdiction of the body may be represented in appointments to it. 2.8 Acting as a Representative on a Board, Commission, Committee, Task Force or Similar Body – A member of a body who is appointed to the body to represent the viewpoint of a particular industry, business or advocacy group may make recommendations to the body in furtherance of the those interests if: 1) the other members of the body are informed of the member’s representative status; and 2) the member does not participate in a matter if the member knows or reasonably should know that an entity in which the member has an economic interest, including an employment relationship, is a party to a specific matter before the body.

This Regulation applies to all public employees except as otherwise specified by law. 2.0 Montgomery County Public Ethics Law 19A-16(c) prohibits a public employee from accepting a direct or indirect gift from a restricted donor. A gift given to an employee because of the employee’s official position also may not be accepted as to do so would be a misuse of the prestige of office. There are several exceptions to these prohibitions, and the Ethics Commission, pursuant to 19A-16(d)(9), may exempt from the prohibition a specific gift or class of gifts where accepting the gift or class of gifts is not detrimental to the impartial conduct of the business of a County agency. Pursuant to this regulation, the Commission exempts the acceptance of the gifts identified in 2.2-2.5 on the basis that acceptance is not detrimental to the impartial conduct of the business of a County agency subject to the limitation that notwithstanding any exemption, an employee must not: a. Accept a gift in return for being influenced in the performance of an official act; b. Accept gifts from the same or different sources on a basis so frequent that a reasonable person would be led to believe the employee is using his public office for private gain. 2.1 Gift Reporting in Financial Disclosure – The existence and availability of an exemption does not negate any obligations to report gifts under financial disclosure or lobbying reporting requirements of County law. 2.2 Gifts Based on Outside Business and Employment Relationships – An employee may accept a gift of meals, lodgings, transportation and other benefits based on outside business or employment relationship: a. Resulting from the business or employment activities of an employee’s spouse when it is clear that such benefits have not been offered or enhanced because of the employee’s official position; or b. Customarily provided by a prospective employer in connection with bona fide employment discussions. If the prospective employer has interests that could be affected by performance or nonperformance of the employee’s duties, acceptance is permitted only if the employee first is disqualified from any matters that could affect the potential employer. 2.3 Gifts Based on Personal Relationships – An employee may accept an otherwise prohibited gift based on personal relationship where: a. The history of the relationship demonstrates that the relationship is unrelated to the employee’s work as a Government employee and is not based on the employee’s official position or performance of official duties; b. The person giving the gift personally pays for the gift; c. The value of the gift is appropriate to the circumstances of the gift; and d. Gifts received from a single source pursuant to this exemption are not excessive in number or value; and, further, e. Where a gift is given in connection with a special event, such as a wedding, baby shower, or retirement party, the giver of the gift is an invitee to the event. 2.4 Acceptance of Certain Opportunities and Benefits – A public employee may accept: a. Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all public employees; b. Reduced membership or other fees for participation in organization activities offered to all public employees by professional organizations if the only restrictions on membership relate to professional qualifications; and c. Opportunities and benefits, including favorable rates and commercial discounts: i. Offered to members of a group or class in which membership is unrelated to County employment; or ii. Offered to members of an organization, such as an employees’ association or agency credit union, in which membership is related to County employment if the same offer is broadly available to large segments of the public through organizations of similar size. 2.5 Gifts Between Public Employees – Under certain circumstances, one employee can be a “restricted donor” as to another employee, as, for example, employees may be when they are in a superior-subordinate relationship. Additionally, gifts between employees, depending on the circumstances, can raise concerns regarding the misuse of the prestige of office. Notwithstanding these restrictions, a gift may be given and received between employees on an occasional basis, including: a. Any occasion on which gifts are traditionally given or exchanged, where the gift is an item, other than cash, with an aggregate market value of $20 or less per occasion; b. Items such as food and refreshments to be shared in the office among several employees; c. Personal hospitality provided at a residence which is of a type and value customarily provided by the employee to personal friends; d. Items given in connection with the receipt of personal hospitality if of a type and value customarily given on such occasions; e. Leave solicited for and donated under personnel policies of the County, as long as the recipient or person soliciting donated leave is shielded from the identity of any person who is donating leave. f. A gift appropriate to the occasion may be given and received from another employee or group of employees and an employee may request voluntary contributions of nominal amounts from fellow employees for appropriate gifts: i. In recognition of infrequently occurring occasions of personal significance such as marriage, illness, death in the family, or the birth or adoption of a child; or ii. Upon occasions that terminate a subordinate-official superior relationship, such as retirement, resignation, or transfer; and g. An employee may request voluntary contributions of nominal amounts from fellow employees on an occasional basis, for items such as food and refreshments to be shared in the office among several employees, or for an agency-wide fund for gifts to be given under paragraph f. Coercion in collection of voluntary contributions is prohibited. A process allowing for anonymous contributions to such a fund is recommended to help avoid any suggestion of coercion in the collection or favoritism in the disposition of funds.

In accordance with State law requirements, the Public Ethics Law requires greater and more detailed disclosure by elected officials and candidates for elective office than other public employees who are filers. Consistent with the Public Ethics Law and the policies of the State Ethics Commission, these regulations balance the privacy interests of elected financial disclosure filers with the requirements for detailed financial disclosure. With respect to those requirements of financial disclosure identified in this regulation, elected officials and candidates for elective office who are required to file financial disclosure statements in accordance with Article IV of Chapter 19A of the County Code may, in lieu of providing exact amounts on financial disclosure statements, use ranges of values as provided in these regulations. In the section of the financial disclosure statement requiring disclosure of interests in real property, in lieu of exact amounts for consideration given when a property was acquired, fair market value (where required), or consideration received when a property was transferred, an elected official (or candidate) may disclose the range for the amount of value as follows: $1,000 or less From $1,001 to $50,000 From $50,001 to $100,000 From $100,001 to $500,000 From $500,001 to $1,000,000 More than $1,000,000. 4.1 In the section of the financial disclosure statement requiring disclosure of interests in corporations, partnerships or other businesses, in lieu of exact amounts for value of holdings, consideration given when an interest was acquired, or consideration received when an interest was transferred, an elected official (or candidate) may disclose the range for the amount or value as follows: $1,000 or less From $1,001 to $50,000 From $50,001 to $100,000 From $100,001 to $500,000 From $500,001 to $1,000,000 More than $1,000,000. 4.2 In the section of the financial disclosure statement requiring disclosure of interests in corporations, partnerships or other businesses, in lieu of dollar amounts for holdings, an elected official (or candidate) may, for publicly traded holdings, disclose the number of shares rather than the dollar value of the holdings. In so doing, the filer may, disclose the number of shares using the ranges below for number of shares: 100 or less From 101 to 500 From 501 to 1000 More than 1000. 4.3 In the section of the financial disclosure statement requiring disclosure of interests in corporations, partnerships or other businesses, in lieu of dollar amounts for holdings, an elected official (or candidate) may, for non-publicly traded corporate holdings, disclose the number of shares and the percentage of equity held. In disclosing the number of shares, the filer may use the ranges identified in 4.2 of this regulation, and in disclosing the percentage of equity held, the filer may use the following ranges: Under 3% From 3 to 9% From 10 to 24% From 25 to 49% From 50 to 74% From 75 to 99% 100% 4.4 In the section of the financial disclosure statement requiring disclosure of interests in corporations, partnerships or other businesses, in lieu of dollar amounts for holdings, an elected official (or candidate) may, for partnership holdings, disclose the percentage of equity held using the ranges identified in 4.3. 5.1 For the amount of indebtedness to an entity doing business with the County, in lieu of the dollar amount owed at the end of the year, an elected official (or candidate) may use the range for the amount of value as follows: $0 $1000 or less $1001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 More than $100,000. 5.2 For the amount of increase or decrease in the amount of change in principal owed to an entity doing business in the County, the filer may use the range for the amount of change in value as follows: $0 $1000 or less $1001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 More than $100,000.

Pursuant to section 19A-23(e) of the Montgomery County Code (2004), as amended, each registered lobbyist must pay the Ethics Commission an annual registration fee in the amount of $125.

Section 20-41 of the Montgomery County Code 1984, imposes a service charge of ten dollars ($10.00) or such other reasonable amount as may be established by executive regulation under method (3) of Section 2A-15 of the County Code when any check or draft tendered to the County in payment of any tax, fee, charge, penalty, interest or fine is dishonored by a bank. A service charge in the amount of $35.00 or such other greater amount as authorized by State law, is imposed on each dishonored check or draft tendered to the County. The service charge is due on each dishonored check or draft unless otherwise provided in other laws, resolutions or regulations. The Director of Finance may require that the total amount due, including the service charge, be paid in cash, certified check or money order.

To establish a procedure by which individuals who apply for volunteer membership to any of the fire and rescue corporations in Montgomery County are screened for the use of drugs, and are required to provide proof of a medically acceptable rating by the Occupational Medical Section which includes a negative result from a drug screening test prior to acceptance. This regulation applies to all independent fire and rescue corporations in Montgomery County and to all individuals who apply to serve as volunteer active members. (a) Active Membership. Individuals who are eligible to participate in fire and rescue operations, including incident responses and operation of apparatus and equipment. This category includes the Rescuer and the Medical Attendant member. (b) Chain of Custody Procedure. A specimen security system that ensures the specimen cannot be tampered with without detection and insures that the specimen is not confused with another specimen. The procedure is consistently followed by both Occupational Medical Section and the examining laboratory for every specimen obtained. The procedure is attached as Appendix B. (c) Confirmed-Positive Test Results. The result of an immunoassay screen of a urine sample which indicates the presence of a drug above the laboratory's cutoff levels (as established by the test manufacturer and/or the National Institute on Drug Abuse), which has not been prescribed by a licensed health care provider or has not been used for the purpose for which it was prescribed. and is then confirmed by gas chromatography/mass spectrometry (GC/KS). (d) Drugs. Substances that may be abused, including amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, ethanol, methadone, methaqualone, opiates, phencyclidine (PCP), and propoxyphene. (e) Medical Examiner. A qualified physician designated by the Occupational Medical Section (OMS) who shall act as the Medical Review Officer. (f) Notification Form. A form which the applicant must complete and sign indicating his/her receipt of the notification as contained in Appendix A. The form explains that the results of the test will be released only to the applicant and the Medical Examiner, states the name and address of the laboratory performing the test, and informs the applicant of the option to have the same specimen independently tested at another State-certified laboratory at the applicant's expense if a positive test result occurs. (g) Pre-Acceptance Drug Screening. The process under which applicants submit to a drug urinalysis conducted by the Montgomery County Occupational Medical Section. (a) All volunteer applicants for active membership must sign a notification form prior to submitting to the pre-acceptance drug screening test procedure. (b) All volunteer applicants for active membership must appear at the test site at the appointed time and submit to the test procedure established by the Occupational Medical Section. (c) The Occupational Medical Section must strictly adhere to its established Chain of Custody testing standard, as described fully in Appendix B. (d) Each fire and rescue corporation must ensure that all of its applicants for active membership are screened for substance abuse and that applicants are permitted to become volunteer members only after receipt of a “medically acceptable” rating from the Medical Examiner. Each corporation must notify its applicants that they must submit to pre-acceptance drug screening and require them to complete the notification form prior to scheduling the examination. (a) All individuals who apply for active membership with a fire or rescue corporation in Montgomery County must submit to a drug urinalysis conducted by the Montgomery County Occupational Medical Section and provide proof of a “medically acceptable” rating from the Medical Examiner before acceptance. (b) Volunteer applicants for active membership are required to read and sign a notification form prior to arriving at the Occupational Medical Section for the pre-acceptance drug screening. (c) The County Occupational Medical Section will obtain a urine sample in accordance with Chain of Custody collection and handling procedures, to ensure that the urine specimen cannot be tampered with without being detected, and to attest to the manner in which the sample was collected. The Occupational Medical Section will submit the sample for analysis to an independent laboratory, which will maintain Chain of Custody handling of the specimen. The independent State-certified laboratory will follow rigorous quality control and personnel standards and participate in a proficiency testing program as outlined by the Department of Health and Human Services and National Institute on Drug Abuse. The laboratory will maintain frozen storage of positive samples for one year and will provide certification by a toxicologist of all-positive reports to verify the accuracy and use of the Chain of Custody procedure in determining the presence of the following drugs: Amphetamines Barbiturates, long acting and short acting Benzodiazepines Cannabinoids (Marijuana) Cocaine Ethanol (Alcohol) Methadone Methaqualone (Quaalude) Opiates (Morphine, Codeine, Dilaudid) Phencyclidine (PCP) Propoxyphene (Darvon) (1) If the immunoassay screen of a urine sample results in a positive test result indicating the presence of a listed drug above the cut-off level, the laboratory will automatically perform a confiridation test by gas chromatography/mass spectrometry (GC/MS) on the same specimen. If a substance is present at a level below the predetermined cut-off, the test report will be reported as negative. The cut-off levels are those established for the above substances by the National Institute on Drug Abuse (KIDA) and/or by the test manufacturer. (2) If the GC/MS analysis of the same urine sample provides a positive test result, the results of the first and second tests must be reported to the Medical Examiner and the applicant. The laboratory must report the test results directly to the Occupational Medical Section so that Chain of Custody procedures can be verified and so that the Medical Examiner can determine whether a false positive test result occurred. A false positive test result is a positive test result created by cross reaction with over-the-counter medications, foods, or prescribed medications. (See Appendix C. Follow-up Procedure of Positive Test Results.). An applicant who has a confirmed positive test for ethanol will be reported medically acceptable if the Medical Examiner, after reviewing the applicant's physical examination and blood test results, determines that there are no clinical signs of alcohol abuse present. An applicant with a confirmed positive test for a drug other than ethanol will not be given a medically acceptable rating. (3) Applicants must be informed of the name and address of the laboratory performing the pre-acceptance drug screening and of their right to have independent testing of the same specimen at their expense at another State-certified laboratory if the specimen produces a positive test result. A partial listing of State-certified laboratories is provided in Appendix E. (d) Drug screening results will be used solely to complete the individual's application for volunteer service. The results of this test must not be disclosed to another person or agency for any other purpose, including any administrative, civil, or criminal proceeding, without the written consent of the applicant. If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation. This regulation is effective 30 days after Council adoption or 90 days after Council receipt if the Council takes no action within 60 days of its receipt. Appendix A - Applicant Drug Testing Notification Appendix B - Chain of Custody Procedure Appendix C - Follow-up Procedure of Positive Test Results Appendix D - Laboratories Certified by the State of Maryland to Perform Job-Related Drug Screening To establish the procedure for reimbursement of expenses incurred by fire and rescue personnel while on local and non-local travel necessary to perform authorized fire and rescue corporation or County business. This regulation applies to all volunteer fire, rescue, and emergency medical service personnel of the independent fire and rescue Corporations in Montgomery County, employees of the Corporations, and employees of the Department of Fire and Rescue Services traveling on behalf of a Corporation. The guidelines as outlined in this regulation apply to reimbursement for expenses from Fire Tax District funds budgeted to the independent fire and rescue corporations. (a) Corporation. A fire or rescue Corporation established in the County, authorized to provide fire, rescue, or emergency medical services. (b) Corporation head. Individual (usually the Corporation’s chief or president) designated as the approval/signature authority for fiscal or certification purposes. (c) Personnel. All volunteer fire, rescue, and emergency medical service providers, Corporation employees, employees of the Department of Fire and Rescue Services, and for the purposes of this regulation, members of Corporation governing bodies, traveling on behalf of a Corporation. (d) Local Travel. Official travel within a 75-mile radius of the County office building complex in Rockville, Maryland, including Baltimore and Annapolis. (e) Non-Local Travel. Official travel outside of the 75-mile radius of the County office building complex in Rockville, Maryland. (a) General. It is the policy of the Fire and Rescue Commission to ensure that personnel are reimbursed for necessary and reasonable expenses incurred while on local or non-local travel in order to carry out official business, attend meetings or conferences, or attend schools or training sessions which directly benefit the fire and rescue service. A specific amount is budgeted to the Corporations for local and non-local travel each year based on budget requests. After the budget is approved, the Corporations must manage local and non-local travel within this amount. Requests for reallocation of funds into the travel account (exceeding that originally budgeted) or out of the travel account to another part of the operating budget must receive prior approval of the Chairman of the Fire and Rescue Commission or his or her designee. Travel must be approved by the designated Corporation head or his or her designee before it my be considered authorized travel for which tax funds my be used to pay or reimburse reasonable and necessary travel expenses. Corporations must exercise good judgment in expending County tax funds. (1) Only the actual. necessary and reasonable expenses which personnel incur while on authorized travel will be paid or reimbursed by tax funds. (2) The number of personnel sent at Corporation expense to conferences and conventions of professional associations must be limited to those whose presence is clearly justified and relevant to the policy objectives of the Corporation and the Fire and Rescue Commission. (3) There is no restriction or guaranteed approval for attendance of personnel at a conference or convention based solely upon rank or position held. (b) Modes of Travel. In planning the travel, Corporations must select the most cost-effective mode which minimizes the time enroute to and from the destination. Personnel must receive the Corporation’s permission to use a Corporation or County vehicle for official local or non-local travel. Mileage published by the American Automobile Association is used as the official measure of distance. (1) Railroad and bus facilities may be used when practical. (2) Air travel must be tourist or coach fare, using round trip or excursion rates whenever possible. If tourist or coach seats are unavailable, the consent of the Corporation head must be obtained before making reservations for first class accommodation. (3) Public transportation vehicles such as bus, subway, and surface cars should be used for intracity transportation where feasible. (4) Privately-owned vehicles may be used only if the Corporation head determines that it is advantageous, or when Corporation or County vehicles are unavailable. (5) Taxicabs may be used for local travel when advantageous and when other suitable public, Corporation- or County-owned service is not readily available. (6) Rental cars may be used if they are more economical or efficient than using taxicabs. (c) Meals. Personnel will be reimbursed for food expenses during the period of travel for actual reasonable expenses, not to exceed the maximum daily amount set by the County. Receipts must be submitted for all meals purchased, along with the request for reimbursement. For local travel, the cost of meals is normally reimbursable only as outlined in this Procedure. (1) If meals are included as part of a conference fee, the maximum daily meal allowance limit will be correspondingly reduced. Personnel are expected to take advantage of this pre-arrangement, rather than purchase meals from other sources. Reimbursement for the latter will be paid only after specific approval by the Corporation head. (2) When personnel are authorized to attend an event where meals are provided as part of the function but the cost has not been included, the cost of the meal is reimbursable, subject to approval of the Corporation head. (d) Local Travel. It is the Fire and Rescue Commission's policy that the Corporations must use, to the maximum extent practical, Corporation- or County-owned vehicles for official local travel. (1) When personnel are authorized to travel in a Corporation or County vehicle, that vehicle must be serviced for gas and oil at the Corporation or at a County service facility, as appropriate, at the beginning of the trip. If the vehicle requires gas and oil or service during the trip and it cannot be serviced at a Corporation or County facility, personnel will be reimbursed for the cost of gas, oil, repairs, or other necessary vehicle expenses. Receipts and invoices are required. (2) Privately-owned vehicles should be used only when the Corporation head determines that it is advantageous to the Corporation or to the County, or when Corporation or County vehicles are not available. (3) The Fire and Rescue Commission's reimbursement rate is based upon the County's mileage allowance rate for employees using their privately-owned vehicles on authorized government business in the Washington Metropolitan Area. Personnel who use their private vehicles for official business will receive this mileage allowance, as well as reimbursement of expenses for parking and toll charges. (4) With the approval of the Corporation head, personnel may receive mileage reimbursement for the use of private cars when they are authorized to participate in official business or meetings at locations which are not their normal duty stations. (5) For insurance purposes, travel as part of an individual's fire or rescue-related duties is considered official business. (e) Non-Local Travel. The guidelines listed below apply only to personnel on Corporation- authorized non-local travel. (1) The maximum expense reimbursable for the use of privately-owned vehicles for travel out of state must not exceed the cost of air travel at the coach rate. (2) Personnel will be reimbursed for expenses for laundry or valet service on non-local travel of 5 days or more. Personnel will be reimbursed only for the expenses incurred for those services which were essential to the transaction of official Corporation or County business. (3) Personnel who buy more than $500.00 in travelers checks for authorized expenses during the travel period may be reimbursed for the service charge upon furnishing proof of the expenditure. (4) Personnel who buy trip cancellation insurance for airline tickets purchased in advance to receive a discount fare may be reimbursed for the expense upon furnishing proof of the insurance purchase. (f) Lodging. Only actual and necessary expenses are allowed for lodging. Reasonable judgment should be used in making a choice of accommodations. (1) Charges will only be reimbursed at the single room rate. If this rate cannot be established when personnel submit travel expense reimbursement requests for double occupancy, the Corporation head may determine the amount of the lodging bill to be reimbursed. (2) If the event is scheduled to convene at a time that would require personnel to leave home earlier than 6:00 AM on that day, they will be reimbursed for the previous night's lodging. (3) If the event concludes too late for personnel to return home at a reasonable hour, they will be reimbursed for lodging for that evening. (g) Other Reimbursable Expenses. Personnel may receive reimbursement of expenditures for the services described below. (1) Tips and Gratuities. Reasonable amounts will be paid or reimbursed for tips and gratuities paid to service providers while on official travel. Tips or gratuities involving meals should not exceed 15% of the meal cost. (2) Sundry Expenses. Fees charged for conference registration will be reimbursed. Reimbursement for local and long distance telephone calls and telegraph charges are allowed for official business only. (h) Non-Allowed Travel Expenses. Only those travel expenses that personnel actually incur which are essential to the transaction of official Corporation or County business will be reimbursed. Valid travel expenses not covered in this regulation must be supported by receipts when submitted to the Corporation for approval. (1) Mileage reimbursement will not be allowed for travel between an individual's residence and duty station. (2) Purchase of personal Items, alcoholic beverages, entertainment expenses, and expenses of family members are non-allowable travel expenses. (a) If advance travel funds are required for attendance at an event, personnel must submit a request for such funds (Travel Authorization Request form) to the Corporation head or his or her designee prior to the departure date. The amount of the advance funds is limited to a reasonable estimate of the allowable expenses. (b) Personnel must obtain vouchers or receipts for all authorized travel expenditures for which they intend to request reimbursement. (c) Personnel must submit these vouchers or receipts for authorized travel expenditures and a Travel Expense Voucher form with requests for reimbursement. (d) Personnel must refund all unused advance travel funds to the Corporation head within 10 days of their return. (e) The Corporation head or his or her designee must verify all documentation before authorizing any travel reimbursement. (f) The Corporation must maintain accurate and complete file records of all travel expenditures for a period of five years from the date of the expenditure. (a) Personnel must obtain and submit to the Corporation head all receipts and an accounting of actual travel expenses incurred when requesting reimbursement. (b) Personnel must return any excess advance funds to the Corporation. (c) The Corporation head is responsible for the daily administration of his or her Corporation's travel expenses and for ensuring that these expenditures are consistent with the funds budgeted for the current fiscal year. (1) The Corporation head must ensure full, accurate, and timely reporting and records maintenance of travel expenses. (2) The Corporation head must report any over-expenditure of the amount allocated for non- local travel to the Fire and Rescue Commission for management review and appropriate action. (d) The Chairman of the Fire and Rescue Commission must approve any of the following changes before incurring the-expense: (1) change in travel from what was approved in the budget to another destination; (2) change in the number of people scheduled for the trip; and (3) change in the amount of funds approved for a trip. (e) The Finance Department may audit travel expenditures to ensure compliance with the policies outlined in this regulation and to ensure that these expenditures remain within the funds allocated for the current fiscal year. (f) The Fire and Rescue Commission will notify the Corporations when the County Government changes the amounts to be reimbursed for meals, lodging, or other travel expenses. If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation. This regulation is effective 30 days after Council adoption or 90 days after Council receipt if the Council takes no action within 60 days of receipt. I, ________________________________________, understand that a urine screen for the presence of drugs, administered by the Montgomery County Occupational Medical Section, is a condition of my volunteer service. I further understand that the results of this urine screen will be released only to me and the Montgomery County Medical Examiner, and will be used solely to complete my application for volunteer service. The results of this screen will not be disclosed without my written consent to another person or agency for any other purpose, including any administrative, civil, or criminal proceeding. I, _________________________________________, have been informed that ___________ ______________________________________, located at __________________________________ __________________, is the certified laboratory which will perform drug testing on my urine specimen collected on _______________________ in the Occupational Medical Section. I understand that I have the right to request independent testing of the same specimen at my own expense at another certified laboratory if my urine specimen tests positive for drugs or alcohol. _________________________________________ ________________________________ Applicant Date 1. The applicant must submit a signed Notification Form prior to testing. A copy of the form will be given to the applicant and the original will be placed in the individual's medical file. 2. The applicant's identity will be accurately established by examination of a driver's license or other valid photo identification whenever possible. Both the photo and signature of the individual should be compared. A copy of the photo identification will be dated, initialed by an OMS staff person, and placed in the applicant's medical file. If no photo identification is available, identification by a corporation representative may be substituted. 3. The applicant must provide a medication history which includes any over-the-counter drugs, sleeping medication, tranquilizers, pain medication, allergy and cold medications, and muscle relaxants taken within the last 30 days. 4. The applicant must provide a dietary history which covers the previous few days. 5. The medical attendant must explain the collection procedure to the applicant. 6. The laboratory provides sealed urine containers to the OMS for drug screening. The medical attendant must check the container in the presence of the applicant to ensure that it is clean and has not been tampered with. 7. The medical attendant must open the container in the presence of the applicant and hand the open container to the individual as the applicant enters the bathroom. The bathroom is private and located within the clinic. 8. The applicant may not take a coat, Jacket, purse, bag, etc. into the bathroom. 9. Upon exiting the bathroom, the applicant must hand the specimen directly to the medical attendant waiting outside the bathroom door. 10. The medical attendant must ensure that the sample is kept in visual sight of both the applicant and the medical attendant. 11. The specific gravity and pH of the sample will be determined immediately in the applicant's presence. If the specific gravity is 1.000 or less or if the specific gravity is 1.030 or greater, the specimen must be discarded and another specimen will be collected under direct observation. If the pH is 5.0 or less or if the pH is 8.5 or greater, the specimen must be discarded and another specimen will be collected under direct observation. 12. If direct observation of the urine collection is required, a medical attendant of the same sex must be present in the bathroom. 13. In the presence of the applicant, the medical attendant must immediately write the date and the applicant's name on the white label of the container and place a “CONFIDENTIAL” tape across the container's cap. 14. The applicant must immediately initial the white label on the container and the “CONFIDENTIAL” tape on the cap. The medical attendant must inform the applicant prior to initialing that initialing the specimen is the applicant's acknowledgment of ownership of the specimen. 15. The laboratory requisition form must be completed in the presence of the applicant. The applicant must check the accuracy of the identifying information. The name of the applicant must be identical on both the requisition and the specimen bottle. The applicant must initial the requisition form. 16. The requisition form must be accurately completed with the following information: 1) name of the applicant; 2) whether the specimen collected was observed; 3) whether the specimen was received directly from the applicant; 4) the drug test profile number; 5) the specimen collection date and time; and 6) the signature of the person responsible for collecting, handling, storing or packaging the specimen at the collection site. 17. The original laboratory requisition must be wrapped around the specimen container and both will be sealed in a security bag provided by the laboratory. A copy of the requisition must be placed in an outside pocket on the same bag and sealed. A second copy will be placed in the applicant's medical file. 18. The sample must be stored in the OMS clinic refrigerator until picked up by the laboratory courier. The refrigerator is located in a secured area which is visible to the staff at all times. 19. Specimens will be picked up daily by the laboratory courier. If a specimen is collected after the daily pickup, the specimen must be secured under lock and key. 20. Both the courier and an OMS staff member must sign off in a log book attesting to an unbroken seal of the security bag. 1. The laboratory must send confirmed positive test reports to the Medical Examiner. The report will include the results of both the initial screening test and the confirmation test. The laboratory's toxicologist must send a confidential letter to the Medical Examiner certifying the accuracy and reliability of the confirmed positive test results and adherence to chain of custody procedures. 2. The Medical Examiner must inform the applicant of a confirmed positive test result. The applicant will have the opportunity to discuss the test results with the Medical Examiner. 3. The Medical Examiner will review the applicant's medical and dietary history to learn whether a medication or food substance may have created a false positive result. If the physician suspects a false positive result, the applicant may submit additional information about medication and a dietary history, or submit to another drug screen. 4. If the applicant has a confirmed positive drug test result, the Medical Examiner will provide a copy of the laboratory report to the applicant within 30 days of the date of the test. 5. If an applicant has a confirmed positive drug test result and the individual has indicated on the test notification form a desire for retesting at another laboratory, the OMS will notify the laboratories involved. The first laboratory is responsible for transporting the specimen to the second laboratory while maintaining chain of custody procedures. The second laboratory will send a report of retesting and documentation of chain of custody to the Medical Examiner with a copy provided to the applicant. 6. The Medical Examiner may advise the applicant of counseling and rehabilitation resources. Below is a partial listing of certified laboratories authorized to perform job-related drug screening. The cost of drug screening with confirmation of positive results varies and may cost $150 or more. If the applicant selects a laboratory which is not listed, he or she will be required to provide documentation of current State and Federal certification to perform drug screening. METPATH, INC. 1 Malcolm Avenue Teterboro, NJ 07608 National Center for Forensic Science Maryland Medical Laboratory 1901 Sulphur Spring Road Baltimore, MD 21227 American Medical Labs., Inc. 11090 Main Street Fairfax, VA 22030 Compuchem Laboratories, Inc. P.O. Box 12652 3308 Chapel Hill Nelson Hwy Research Triangle Park, NC 27709 Roche Biomedical Laboratories, Inc. 1447 York Court Burlington, NC 27218 SmithKline Bio-science Laboratories 11425 Cronhill Road Owings Mills, MD 21117 To establish a safety procedure which all personnel must follow consistently while driving, riding, or operating fire or rescue apparatus in order to reduce the risk of accidents and personal injury. This procedure applies to all on-duty fire, rescue, and emergency medical service personnel, who are driving, riding, or operating apparatus. Personnel who drive or ride in command vehicles, cars, ambulances, medic units, utility trucks, or canteen vehicles are excluded from the requirement to wear protective clothing while responding to incidents. (a) Apparatus. All fire and rescue vehicles. (b) Corporation. A fire or rescue corporation established in the County, authorized to provide fire, rescue, or emergency medical services. (c) Department. Department of Fire and Rescue Services. (d) Partially protected position. A seated riding position equipped with a seat belt in partially enclosed or open cab apparatus, including open tiller position, bucket, and jump seat. (e) Personnel. All on-duty fire, rescue and emergency medical service personnel, including career. volunteer, and County Merit System employees. (f) Protected position. A fully enclosed seated riding position equipped with a seatbelt in a fire or rescue vehicle. (g) Protective clothing. Turnout gear, consisting of, at a minimum, helmet, turnout coat, turnout pants, and boots. (h) Safety device. A bar, chain, gate, or seat belt which is part of or attached to the apparatus and can be used to secure personnel while they are riding or driving the vehicles. (i) Unprotected position. A riding position which is not a protected position or partially protected position, including the sideboard and backstep of apparatus. (a) It is the policy of the Fire and Rescue Commission to ensure the safety of all personnel while riding, driving, or operating fire and rescue apparatus. In order to implement this policy, the Commission is establishing safety procedures and requiring that they be complied with consistently. (b) Riding Backstep Prohibited. Riding on backsteps or in any other exposed position and standing while riding are prohibited. However, in controlled circumstances during parades and funeral processions and for tiller driver training, or in extreme circumstances in which there is no alternative, the Director of the Department or the Corporation Chief may permit personnel to ride on the back step of a vehicle, or in an exposed position, or while standing. When personnel ride on the back step or in an exposed position or while standing, protective clothing must be worn, except during parades and funeral processions. In all riding situations, all available safety devices must be used. (a) When proceeding to any emergency incident: (1) Personnel must not ride apparatus in unprotected positions. (2) All personnel riding apparatus in protected or partially protected positions must be seated and secure all available safety devices. (3) With the exception of drivers and as indicated in Section 2,* personnel riding apparatus in partially protected positions must wear full protective clothing. (4) Personnel riding or operating fire and rescue apparatus in partially protected positions must wear helmets with chin straps down. Personnel riding in protected positions are exempt from this requirement. (5) Personnel riding in cabs or tiller seats that are not enclosed must use eye protection. (b) When proceeding to a routine incident or other activity not requiring emergency response, personnel may not ride apparatus while standing or while in an unprotected position and all personnel riding in protected or partially protected positions must be seated and secure all available safety devices. (c) During parades and funeral processions, each intersection along the ceremonial route must be secured against cross traffic by prior arrangement with appropriate police departments or with Corporation or Department personnel during the time that apparatus is in the intersection. As an additional safeguard, the procession coordinator is responsible for arranging and verifying that the route has been secured before the procession begins. If the route cannot be secured, personnel must not stand or ride in unprotected positions. (1) All vehicles carrying personnel in unprotected positions must be equipped with appropriately placed handholds; personnel must use these handholds while the vehicle is in motion during the procession. (2) Vehicles carrying personnel in unprotected positions may travel only in a forward direction, and at a maximum speed of 15 miles per hour. (3) Personnel may ride in standing or unprotected positions only during the actual ceremonial procession; they must not ride in a standing or unprotected position while traveling to or from the processional route. (4) If the procession entails travel on any high speed road, all personnel must be seated and secured by seatbelts before the vehicle enters the highway. (d) During tiller driver training, the ladder truck must be equipped with a seat for the trainer ("trainer seat"). (1) The trainer seat must be designed to support the trainer. It may be detachable, and it must be structurally sound and installed in a safe manner. (2) The trainer seat must be equipped with a safety restraint belt sufficient to limit safely the trainer's forward and lateral movement. The trainer must wear the safety belt properly when the vehicle is in motion. (3) The trainer seat must be used only for tiller driver training. Personnel must not be seated in the trainer seat during an emergency response and drivers must not receive training during an emergency response. (e) If patient care prevents the attendant(s) in an ambulance or Mobile Intensive Care Unit from using seatbelts, the attendant(s) may remove them. The driver must be notified and must use extreme caution while en route to the hospital. (f) Seat belts must be installed and maintained in good working order in all apparatus riding positions. (g) When apparatus design precludes the seating of the required minimum staffing levels in protected or partially protected positions, personnel responding in other apparatus may be counted towards that unit's minimum staffing. Each Corporation must develop alternatives to the use of the back step or other unprotected positions to comply with minimum staffing requirements. (h) Drivers must not move apparatus until all personnel on the vehicle are seated and secured with safety devices in approved riding positions, except as noted in Section 5(c).* (i) If the Corporation's safety policy is more stringent than the provisions specified in this policy, the Corporation's policy will apply. All personnel are responsible for complete and consistent adherence to this policy. The Unit Officer in charge of the apparatus is responsible for the enforcement of this policy by requiring full and consistent compliance with its provisions before allowing any vehicle to be moved. If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation. This regulation is effective 30 days after Council adoption or 90 days after Council receipt if the Council takes no action within 60 days of its receipt. To provide a standard for hair length and style to ensure the safety and enhance the professional appearance of all on-duty fire and rescue service personnel. This regulation applies to all on-duty fire, rescue, and emergency medical service personnel who are authorized to respond to emergency incidents in Montgomery County. (a) Bulk. Distance that the mass of hair extends from the scalp (as opposed to length of hair). (b) Corporation. A Fire or Rescue Corporation established in the County, authorized to provide fire, rescue, or emergency medical services. (c) Department. The Department of Fire and Rescue Services. (d) Facepiece. Respirator component which covers the wearer's nose, mouth and eyes, designed to make a gas-tight and particle-tight fit with the face. (e) Headgear. Protective helmet and liner, and Self-Contained Breathing Apparatus (SCBA) facepiece straps, harness, and webbing. (f) Hood. Protective hood for firefighting. compliant with NFPA 1971, Standard on Protective Clothing for Structural Firefighting (revised May, 1991). (g) On-Duty. Any time that fire, rescue, or emergency medical services personnel are acting in an official capacity or are on the scene of an emergency incident. (h) Personnel. All fire, rescue, and emergency medical services personnel, including career employees and volunteer members. (i) Respirator. Device worn to protect the user's respiratory system against exposure to harmful gases, vapors, and particulate matter. (j) Uniform. Issued duty clothing, which includes a collared shirt which may be worn with a tie. It is the policy of the Fire and Rescue Commission that all on-duty fire and rescue personnel must adhere to these hair and grooming standards, which are intended to ensure their safe use of protective respirator facepieces and headgear, and to enhance their professional appearance. (a) Use of Hood and Headgear. These standards are based on the use of a protective hood and headgear, which must be worn during all direct fire suppression activities or as otherwise required by the officer-in-charge. Personnel must be able to conceal all hair within the protective hood and still maintain the proper fit of headgear. For this reason, the bulk and length of hair, hair accessories, sideburns, beards, mustaches, and other facial hair must not interfere with the proper fit and wearing of firefighting respirator facepieces, headgear, or hoods. (1) Hair Length While On-Duty. Hair must be clean and neatly groomed while on-duty. Hair must be worn in such a way that the hair at the back of the head does not extend more than one inch below the bottom of a buttoned collar of a uniform shirt while the individual is standing at attention. Hair must not be visible under the brim of headgear. Decorative shaved areas and other similar hairstyles are prohibited. (2) Bulk. Hair bulk must not extend more than two inches from the scalp or interfere with the proper fit of headgear; this includes pigtails and pony-tails. (3) Sideburns. Sideburns must be neatly trimmed and tapered in the same manner as the haircut. Sideburns must not extend below the bottom of the ear lobe, must be of consistently even width (not flared), and must end in a clean-shaven horizontal line. (b) Facial Hair. (1) Beards. Personnel participating in activities that may require the use of a tightly-fitting respirator facepiece must be clean shaven. Neatly trimmed beards may be worn only by EMS members and administrative or other members who do not participate in firefighting or other activities which may expose them to toxic atmospheres. (2) Mustaches. Mustaches must not extend more than one-half inch beyond a horizontal line drawn across the lower edge of the bottom lip; they must not extend more than 3/4 inch beyond a vertical line drawn upward from the corners of the mouth. (3) Other Facial Hair. Handlebar mustaches, “Burnsides," and goatees are not permitted. (c) Hair Coloring. Hair coloring must be in natural-looking hair tones; colors such as green, purple, blue, etc., are not permitted. (d) Hair Accessories. Only pins, combs, rubber or elastic bands, or barrettes that are similar in coloring to the individual's hair color may be worn. (e) Jewelry. Earrings or any other jewelry which is loose, dangles, or protrudes from the body must not be worn while on duty. However, necklaces may be worn under clothing. (f) Nothing in this regulation prohibits the Corporations or the Department from adopting a more stringent grooming standard. (a) Personnel. All personnel must comply with this regulation. (b) Supervisors. Immediate supervisors are responsible for taking corrective action and, as appropriate, reporting violations to the appropriate department head. (c) Department Heads. For volunteer personnel, the highest elected official of each Corporation is responsible for enforcing this regulation. For career personnel, the Director of the Department is responsible for enforcing this regulation. At the discretion of the Fire and Rescue Commission, exceptions to this standard may be made under special circumstances. Requests for these exceptions must be made to the Commission, including documentation justifying the exception, and supporting memoranda from the Chief of the Corporation or Director of the Department. If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect other parts of the regulation. This regulation is effective thirty days after Council adoption or ninety days after Council receipt if the Council takes no action within sixty days of receipt. To establish conditions and restrictions on volunteer activities provided to the Local Fire and Rescue Departments by a MCFRS Division of Fire and Rescue Services employee in the firefighter/rescuer occupational series. This Executive Regulation applies to any Montgomery County employee in the firefighter/rescuer occupational series, including the positions of: Fire/Rescue Chief Fire Rescue Deputy Chief Fire/Rescue Assistant Chief Fire/Rescue District Chief Fire/Rescue Captain Fire/Rescue Lieutenant Master Firefighter/Rescuer Firefighter/Rescuer III Firefighter/Rescuer II Firefighter/Rescuer I (Recruit) a. Integrated Emergency Command Structure (IECS). The operational chain-of-command system used for incident command in the Montgomery County Fire and Rescue Service that provides for the integration of all certified fire and rescue personnel into a command structure on fire, rescue, and emergency medical service incidents. b. Operational Volunteer Activities. The provision of fire suppression, rescue, and emergency medical services, in accordance with the Integrated Emergency Command Structure. c. Volunteer. For the purpose of this Regulation, an individual who freely and without coercion provides fire suppression, rescue, and emergency medical services, and/or related administrative duties, with a Local Fire and Rescue Department in Montgomery County. a. A DFRS employee in the firefighter/rescuer occupational class must not volunteer at a higher rant than the employee’s current IECS rank. b. A DFRS employee who is removed or suspended from the IECS while serving as a volunteer or employee must not participate in any MCFRS operational activities for the duration of the employee’s removal or suspension. A DFRS employee must not provide more than 48 continuous hours of shift work, volunteer assignments, or any combination thereof, in firefighting, rescue, or emergency medical services in Montgomery County. a. County leave provisions distinguish between injuries sustained while providing volunteer services, and those sustained while performing DFRS assignments. A DFRS employee is not eligible to use Disability Leave for injuries occurring during volunteer service. A DFRS employee must use sick leave, or leave without pay, for failure to report to DFRS work assignments due to recuperation or recovery from injuries sustained while performing volunteer duties. b. A DFRS employee must report to the employee’s DFRS District Chief immediately, but not later than 24 hours after sustaining any injuries while performing career or volunteer assignments, to differentiate the applicable leave provisions. a. A DFRS employee who volunteers for an LFRD must not perform operational volunteer activities in the same LFRD to which the employee is assigned as a DFRS employee. This prohibition also applies to assignments due to transfer, overtime, details, and work substitutions, consistent with Sec. 21-17(a)(1) of the County Code. b. Notwithstanding Sec. 7.a.,* the operational needs of MCFRS are paramount and may require a DFRS employee to be reassigned due to transfer, overtime, details, or work substitutions. LFRD membership or association must not prevent or affect the transfer or re-assignment of a DFRS employee to a particular work site. If a DFRS employee is transferred or detailed to the same LFRD that the employee serves as a volunteer, the employee must immediately cease volunteer activities and report the matter to the DFRS District Chief. a. A DFRS employee’s volunteer service must not accrue to time in grade or time in service requirements for promotion, seniority, transfer, retirement, or other provisions for service time as a DFRS employee. b. A DFRS employee may participate in the Length of Service Awards Program (LOSAP) for LFRD volunteers, and may receive other benefits available to LFRD volunteers under Section 21-21 of the County Code for time spent and time accrued as an LFRD volunteer. c. A DFRS employee must not receive LOSAP points or other volunteer benefits for activities performed while serving as a DFRS employee. d. A former DFRS employee who has received a County disability retirement must not perform operational volunteer activities. a. Mandatory Overtime and Shift Hold-over. Any mandatory DFRS overtime or shift hold- over required of a DFRS employee that is considered necessary to meet the operational or administrative emergency needs of the County, as ordered by the DFRS Division Chief or his/her designee, takes precedence over any volunteer LFRD assignment that may conflict with the mandatory overtime or hold-over requirement. b. Assignment during Hold-over. If any mandatory hold-over assignment of a DFRS employee while performing emergency operational volunteer fire and rescue services for an LFRD would conflict with the DFRS employees’ normal work assignment, the DFRS employee must notify the LFRD Chief or LFRD Duty Officer in advance, or as soon as practicable. The LFRD Chief or Duty Officer must promptly notify the DFRS Shift Chief. However, the DFRS employee is ultimately responsible for notifying the employer that the employee will be unable to report for duty at the employee’s assigned location. The Shift Chief must take the appropriate action regarding scheduling. When the Shift Chief is notified that the time used by the DFRS employee was spent in emergency operational volunteer fire and rescue services as a volunteer, the DFRS employee may be placed in pay status at the employee’s normal reporting time. When the LFRD assignment is completed, the DFRS Shift Chief must determine the DFRS employee’s assignment or leave status for the balance of the shift. c. Participation on MCFRS Specialty Teams. DFRS employees are selected for participation on MCFRS specialty teams on a competitive basis. The DFRS employee must not provide voluntary (unpaid) services to MCFRS specialty teams because the training and deployment of some teams may potentially impact on the employee’s career assignment. d. If a DFRS employee is receiving workers’ compensation pay for injuries sustained as an LFRD volunteer, the employee must be placed in a “leave without pay” status while receiving workers’ compensation benefits, or until the employee’s disability retirement is determined, or whatever employee status is appropriate. If a DFRS employee is assigned to light duty status as a result of a medical condition, or is on sick leave, or on medical disability status, the DFRS employee must not perform or participate in LFRD operational activities. a. Application for Volunteer Service. Before providing volunteer service, a DFRS employee must execute an “Application for Volunteer Service” annually, and with any change of LFRD membership. This application must certify that the employee is providing services to the LFRD freely and without coercion. However, a DFRS employee may discontinue the employee’s volunteer service at any time. b. Previous Regulation. This Regulation replaces and supersedes Executive Regulation 6-94. However, this Regulation will be null and void, and Regulation 6-94 will become effective immediately as if it had not been replaced or superseded, and all DFRS firefighters must cease operational volunteer activities until further notice by the Fire Administrator if a court, any federal or state agency with jurisdiction, or the Merit System Protection Board finds that the County or the LFRD must pay overtime, or any form of compensation, statutory damages under any federal or state wage law, or expenses, to a DFRS employee due to the performance of operational volunteer activities, or service as a volunteer. The Division of Fire and Rescue Services is responsible for investigating and retaining accurate information related to the misconduct of a DFRS employee when the employee is on or off duty, or when the employee is serving as an LFRD volunteer. Regardless of the employee’s duty status, DFRS employees are subject to all DFRS policies and regulations at all times. The provisions of this Regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the Regulation remains in effect. To require all individuals who apply for Emergency Medical Services membership in the fire and rescue corporations to pass a medical screening consistent with the provisions of NFPA 1001 Medical Standards, as amended, for their own safety as well as that of their colleagues and patients while on emergency responses. This regulation applies to all volunteer fire and rescue corporations and to volunteer applicants for Emergency Medical Services membership in those corporations. (a) Corporation. A fire or rescue corporation established in the County authorized to provide fire, rescue, or emergency medical services. (b) EMS Member. An individual who is accepted for volunteer membership by a fire and rescue corporation and is certified to perform emergency medical services only. All individuals who apply to become volunteer Emergency Medical Services members in the fire and rescue corporations must pass a medical screening consistent with the provisions of NFPA 1001 Medical Standards, as amended. If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation. This regulation takes effect upon adoption of the Council resolution approving it. To establish uniform procedures by which the fire and rescue Corporations may use County tax and grant funds to procure goods and services at the best reasonable price, and to account for and dispose of fixed assets purchased with these funds. This regulation applies to all fire and rescue Corporations which receive and expend County tax and grant funds. a. Board of Directors/Trustees. The governing body of the independent fire and rescue Corporations, as constituted by their individual by-laws. b. Competitive Bid Process. The process by which vendors are provided with minimum valid specifications, including a description of the goods or services to be procured, so they can respond with bids for the Corporations to review. The competitive bid process evaluates the cost as well as the reliability and delivery capability of all vendors. c. Corporation. A fire or rescue corporation established in the County, authorized to provide fire, rescue, or emergency medical services. d. Emergency. An unsafe condition endangering health, life or property, possibly resulting in unforeseen curtailment or termination of an essential service, thereby requiring immediate corrective action. e. Fixed Asset. An item which originally costs $1,000 or more and which has a useful economic life of more than one year, e.g., the individual components of a SCBA refill system, a vehicle lifting device in a maintenance bay, hydraulic bolt cutters, office equipment, furniture, tools, EMS equipment, etc. Fixed assets must be controlled for custody purposes and are budgeted in both the Operating Expense and the Capital Outlay sections of the Corporations' Operating Budgets. (Items which cost more than $1000 but then become a permanent part of a structure or the surrounding property (e.g., sliding poles, overhead doors, fuel tanks, etc.) are not considered fixed assets.) f. Purchase Order. A pre-numbered document required to initiate the purchase of goods and services from any tax operated account, to initiate, process, and document purchases when approved and submitted to vendors. g. Purchasing Officer(s). Individual(s) selected from the Corporation's volunteer uniformed personnel, its board of directors/trustees, or its employees, who will be responsible for the purchase of the Corporation's routine goods and services not exceeding $1,000. The Corporation's chief or president reviews the actions of the Purchasing Officer and therefore must not serve in this capacity. h. Sole Source Procurement. A non-competitive award which may be justified if there is a valid public purpose and one or more of the factors below exist: 1. only one source exists for the required goods, service, or construction which can meet the Corporation's minimum valid needs; 2. only one source can meet the required valid performance or delivery due dates; 3. only one source can provide the required compatibility of equipment, accessories or replacement parts. i. Tax and grant funds. Those monies appropriated by the County Council on an annual basis for the use of the Corporations to operate the various stations, including State 508 funds. It is the policy of the Fire and Rescue Commission to ensure that all tax and grant funds appropriated and budgeted for use by the fire and rescue Corporations are fully accounted for; that the maximum value of goods and services is secured at the lowest possible price for all expenditures; that goods and services are sought via competitive bid where appropriate and efficient; and that all fixed assets which the Corporations purchase with tax and grant funds are accounted for consistent with appropriate methods of inventory control and sound business practices. Fixed assets must also be disposed of appropriately to maximize their useful life to the fire and rescue system and provide the greatest return value to the County, commensurate with condition. All Corporations which receive County tax and grant funds must follow the procurement procedures below to purchase goods and services with these funds and to control, account for and dispose of fixed assets. Corporations may establish more restrictive policies and practices at their discretion. I. Purchasing. a. Each Corporation must designate at least one Purchasing Officer authorized to initiate the purchase of routine goods and services not exceeding $1000. b. Proposed purchases exceeding $1,000 must be approved through the Corporation's established review authority or chief, president, or board of directors/trustees before execution. c. At least 3 oral quotes should be obtained where possible for all purchases not exceeding $3000, except for the payment of utility expenses. d. A purchase order must be used to purchase all goods and services and capital equipment. Non-discretionary expenses such as fuel, electricity, gas, telephone bills, and refuse removal are exempt from this requirement because the monthly statement from these vendors effectively constitutes a purchase order. e. The individual approving the purchase order must not be the corporate official who authorizes the payment for these goods or services. f. At least 3 written bids must be obtained for purchases of $3,000 or more. If three bids cannot be obtained, or if there is sufficient justification for sole source procurement, this must be documented by the Corporation's chief or president and made a part of the purchase record. g. Prior approval is not required to initiate the emergency repair of fire and rescue vehicles or buildings; however, the Corporation's chief and president must be consulted before any actions are taken and kept informed of their potential costs. Emergency repairs must be documented with a full written rationale, including, completion of a normal purchase order within 48 hours of the occurrence. h. All awards must be based upon the lowest price meeting the minimum valid specifications or scope of work. i. A list of the previous month's expenditures must be provided to the Corporation's board of directors/trustees at each of their periodic meetings for review. j. A written record of all competitive and sole source transactions and documents must be retained for at least 5 years. II. Control and Accountability of Fixed Assets. a. Corporations must label each item with a numbered inventory tag and develop and maintain an inventory list of all fixed assets. The inventory list must include: 1. a description of each fixed asset; 2. its manufacturer, serial number, and/or model number; 3. the vendor's name; 4. the purchase date; 5. the purchase price; 6. its current condition (excellent, good, poor); 7. if applicable, the date of disposal, to whom, and the selling price. b. Corporations must conduct a physical inventory and update their lists annually in July or August. A copy of the updated inventory must be submitted to the Fire and Rescue Commission along with the Corporation's annual budget request. c. Corporations must also submit a report to the Fire and Rescue Commission listing all fixed assets which are no longer used because they have become obsolete or surplus to the Corporation's needs. d. Items which are mounted on apparatus and other equipment normally controlled and inventoried by the Department of Fire and Rescue Services are exempt from Corporation inventory list requirements. III. Disposal of Fixed Assets. a. The Fire and Rescue Commission may transfer serviceable fixed assets among Corporations or the FRC, Department of Fire and Rescue Services, or PSTA rather than approving requests to purchase new or additional stock of the same or similar types. b. Fixed assets which a Corporation or the FRC, DFRS, or PSTA considers to be surplus, obsolete, or unusable must first be offered gratis to other Corporations or Montgomery County fire and rescue service entity by memorandum. c. If no other Corporation or Montgomery County fire and rescue service entity requests the surplus fixed assets, the Corporation may sell them, to the highest responsible bidder, after public notice is given. Funds obtained from the sale must be deposited in the Corporation's tax account and shown as income. d. When selling a fixed asset, the Corporation must select from the disposition methods below the one which will yield the greatest return to the County. These methods include: 1. competitive sealed bid; 2. competitive auction sale; 3. trade-in; or 4. exchange for fixed assets which are currently needed. e. If these methods are inappropriate or fail to produce a fair price in the opinion of the Corporation, the Corporation may, with the Fire and Rescue Commission's prior written approval, negotiate the disposition of the material. The preferred option is to donate the item as a gift to a public or quasi-public agency within the County or an adjoining jurisdiction, or within the State of Maryland. This Executive Regulation supersedes FRC Administrative Procedure No. 6-1, "Purchasing and Contracting Procedures." If a court of final appeal holds that any part of this regulation is invalid, that ruling does not affect the validity of other parts of the regulation. A regulation adopted under Method 2 becomes effective when the Council adopts a resolution approving it, or on a later date specified in the regulation. If the Council takes no action within sixty calendar days after receipt, or by any later deadline set by resolution, the regulation is effective the day after the deadline for approval, or on a later date specified in the regulation: This Regulation adopts and implements training, experience, and credentialing certification standards, consistent with Montgomery County Code Section 21-18, and 21-8A. These requirements apply to volunteer and career personnel engaging in the same operational duties. a. Active. IECS-certified career or volunteer personnel serving in positions directly involved in mitigating all-hazards and emergency incidents, including performing services such as response to: fires, rescue incidents, medical emergencies; and acts of terrorism and catastrophic events caused by weapons of mass destruction. b. All-Hazards Incident. Any event, whether natural or human-caused, that requires mitigation to: protect life, property, the environment, public health, or safety; and minimize the disruption of government, social, or economic activities. c. Basic Core Training Requirements. Core requirements that are developed as minimum training requirements for participation in the IECS, that meet staffing needs for personnel assigned either to fire suppression units, or to EMS units. These basic core training requirements are indicated in Appendices A-1 for Firefighter/Rescuers, and A-2 for EMS Providers. d. Career (employee). A fire/rescue Merit System employee of Montgomery County, or an employee of a local fire and rescue department, who provides firefighting, rescue, or emergency medical service. e. Certified/Certification. Documented proof of an individual’s knowledge, skills, and abilities (KSAs), and a determination of competency through a process identified by the Fire Chief, which may include testing, evaluation, or practical exercise components. f. Certified Chief Officer. An MCFRS officer who has met the training and experience requirements identified in this Regulation and has been certified at the IECS rank of Battalion Chief or above by the Fire Chief or designee. g. CBRNE. The term of art acronym for chemical, biological, radiological, nuclear, and explosive hazards, any one or a combination of which are considered to be included in the term “weapons of mass destruction.” h. Competency Evaluation. A process that evaluates an individual’s knowledge, skills, and abilities within a particular rank. Competency evaluation may include a written or oral exam, an evaluation by skills demonstration, or tabletop exercise. i. Credential/Credentialing. A system of certifying personnel who are qualified to respond to all-hazards incidents locally, regionally, and nationally. This system will enable the development of local minimum standards and national standards for those personnel who are qualified to provide an intrastate and interstate application. For Certified Chief Officers, this process will include successful demonstration of required competencies. j. EMS Provider. A volunteer member of MCFRS who provides only emergency medical services. k. Emergency Service Provider. An individual who is accepted as a volunteer or career employee of the Montgomery County Fire and Rescue Service, and who is certified to perform firefighting, rescue, or emergency medical services. l. Firefighter/Rescuer. A career or volunteer member of MCFRS who provides firefighting, rescue, and emergency medical services. m. FROMS. Acronym for Fire and Rescue Occupational Medical Sections. n. Integrated Emergency Command Structure (IECS). The operational chain of command and rank structure that integrates all fire and rescue services personnel, both career and volunteer, who have met the applicable training, experience, certification, and credentialing requirements. o. IECS-Certified. Status indicating an individuals eligibility to serve at a specific rank level, as noted in Regulation no. 16-05AM, Integrated Emergency Command Structure, in accordance with these training and certification standards. p. IFSAC. Acronym for International Fire Service Accreditation Congress, the organization that adopted the professional qualification standards defining the knowledge and performance requirements for fire service personnel. q. KSAs. Abbreviation for Knowledge, Skills, and Abilities, a listing of the qualifications and personal attributes that are needed to qualify for a specific position. r. MFSPQB. Abbreviation for Maryland Fire Services Personnel Qualifications Board, the accreditation agency for fire service personnel in the State of Maryland. s. Montgomery County Fire Corps (“Fire Corps” or “MCFC”). Individuals who have been approved by the Chief, Division of Volunteer Services, who volunteer their time, skills, and abilities to provide non-operational, non-emergency, administrative and other types of service and assistance to MCFRS and the residents of local communities, in support of the mission and goals of MCFRS. t. NBFSPQ. Abbreviation for National Board on Fire Service Professional Qualifications, which uses the NFPA’s professional qualifications standards to define the knowledge and performance requirements for fire service personnel. u. National Incident Management System - Incident Command System (NIMS-ICS). A standardized, consistent, nation-wide approach enabling federal, State and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of their cause, size, or complexity, that provides for interoperability and compatibility among responders. The NIMS includes a core set of concepts, principles, terminology, and technologies covering: the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources; qualifications and certification; and collecting, tracking, and reporting of incident information and resources. v. Peer Evaluation. A process by which an officer of equal or senior rank uses established benchmark criteria to evaluate another officer’s or firefighter’s performance during an emergency incident. w. Personnel. All active, IECS-certified firefighter/rescuer and emergency medical service providers, including volunteers and employees of the Local Fire and Rescue Departments, and County Merit System employees of the MCFRS. x. Provisional Period/Status. The status of an MCFRS individual who is rated medically unacceptable by FROMS, or who is on a leave of absence from MCFRS, or has failed to recertify in his/her current MCFRS rank. This individual must not participate in IECS activities, except as approved by the Fire Chief. y. Training Officer. The individual designated by the Fire Chief with the responsibility to train all operational personnel of the Montgomery County Fire and Rescue Service. z. Volunteer. An individual who, without salary, performs firefighting, rescue, or emergency medical services with the MCFRS, as part of its Division of Volunteer Services. aa. Weapons of Mass Destruction (WMD). Chemical, biological, radiological, nuclear, or explosive weapons that are capable of indiscriminately killing large numbers of human beings. This Regulation applies to all new, provisional, and active firefighter/rescuer and emergency medical services personnel, both career and volunteer, who provide firefighter/rescuer or emergency medical services. All active firefighter/rescuer and emergency medical services personnel must meet applicable standards of training and experience to be eligible to serve in the Montgomery County Fire and Rescue Service, and to participate in the IECS. Most training requirements may be met at the MCFRS Public Safety Training Academy (PSTA). However, MCFRS personnel may also take training from other agencies and organizations. Certain training requirements may be met through the successful completion of Web-based, on-line interactive courses, including required NIMS-ICS classes IS-700, IS-100, IS-200, and IS-800. For equivalency requirements for training acquired on-line, or inside or outside Montgomery County, see Sec. 4.g., below. The training and experience requirements are defined and required by this Regulation, and are attached as Appendix A-1 for Firefighter/Rescuers, and Appendix A- 2 for EMS Providers. An LFRD Chief may request the Fire Chief to list an individual as IECS- certified after the individual has completed the training and/or experience requirements for any stated rank or title. a. Categories Established. Two categories of MCFRS participation are established: Firefighter/Rescuer (volunteer and career), and EMS Provider (volunteer only). b. Medical Acceptance. Individuals who apply for IECS certification must meet the medical evaluation requirements established in Executive Regulation #01-05AM, Medical Standards for Operational Members and Candidates of the Montgomery County Fire and Rescue Service. c. Entering MCFRS. An individual must be 16 years of age to qualify to train at the Montgomery County Public Safety Training Academy, and may enter the Montgomery County Fire and Rescue Service in one of several ways, as indicated below. 1. An individual may enter without any previous firefighting, rescue, or emergency medical service training or experience by making application to MCFRS. 2. An individual may become a volunteer member of MCFRS by meeting the membership requirements of a specific LFRD, or the Montgomery County Fire Corps, by successfully completing a criminal records background check, and being rated medically acceptable by FROMS under Executive Regulation #01-05AM, Medical Standards for Operational Members and Candidates of the Montgomery County Fire and Rescue Service. 3. An individual may have obtained previous certified equivalent training and experience, and may seek to enter from another jurisdiction. 4. An individual may re-enter the MCFRS service delivery system following a leave of absence from active IECS participation, and will enter Provisional Status, pending reinstatement. d. Requirements for New Personnel. 1. Orientation Training. All personnel who enter MCFRS must successfully complete an orientation training program. Orientation training is performance-based and not hour-specific, and must meet the performance criteria established by the Fire Chief. Components of the orientation training may be conducted in the fire/rescue station, on-line (web-based), and/or at the Public Safety Training Academy. 2. The Fire Chief or LFRD Chief must certify and record successful completion of the orientation training for new personnel. 3. Personnel in the Firefighter/Rescuer category who successfully complete the orientation training are considered Firefighter/Rescuer candidates/recruits until they have met the training and/or certification and age requirement for Firefighter/Rescuer I. A. A Firefighter/Rescuer candidate/recruit may ride fire suppression apparatus as an observer, and may assist qualified personnel only if proper supervision is provided by a Unit Officer. A Firefighter/Rescuer candidate/recruit may do the following only during supervised training sessions: enter Immediate Danger to Life or Health (IDLH) environments; enter burning buildings; participate in activities requiring advanced training; or be subjected to hazardous environments. A Firefighter/Rescuer candidate/recruit does NOT qualify as minimum staffing. B. A Firefighter/Rescuer candidate/recruit who has completed the initial year of service, and has reached 17 years of age, begins to qualify for the experience criteria for promotion. 4. Personnel in the EMS Provider category who successfully complete the orientation training are considered EMS Provider candidates/recruits until they have completed the training and/or certification and age requirements for EMS Provider I. A. An EMS Provider candidate/recruit may ride apparatus as an observer, and may assist qualified personnel only if proper supervision is provided by a Unit Officer. An EMS Provider candidate/recruit may do the following only during supervised training sessions: enter IDLH environments, enter burning buildings, participate in activities requiring advanced training, or be subjected to hazardous environments. An EMS Provider candidate/recruit does NOT qualify as minimum staffing. B. An EMS Provider candidate/recruit who has completed the initial year of service, and has reached 17 years of age, begins to qualify for the experience criteria for promotion. e. Basic Core Training Requirements. To participate in the IECS, and to be eligible to meet minimum staffing requirements for fire suppression and EMS units, all personnel must successfully complete the basic core training requirements, subject to the Transitional Provisions in Sec. 5.c. below. 1. Fire Suppression Units. Basic core training requirements to staff fire suppression units include successful completion of all courses listed as basic core training requirements in Appendix A-1. 2. EMS Units. Basic core training requirements to staff EMS units include successful completion of all courses listed as basic core training requirements in Appendix A-2. 3. EMT Requirement. All personnel on the IECS list must maintain Maryland Emergency Medical Technician-Basic (EMT-B) certification once they have achieved EMT status, or after having completed the 2-year transitional period. f. Experience Requirements. 1. Volunteer fire and rescue personnel must meet the requirement for certification of active service (50 points) in accordance with the Montgomery County Length of Service Awards Program during a calendar year, to receive credit for that year’s experience. 2. Career fire and rescue personnel must attain at least a satisfactory performance evaluation, to receive credit for one year’s active experience. g. Equivalency Process. Personnel who have acquired training inside or outside of Montgomery County, or Web-based, on-line interactive training, and/or experience from jurisdictions or agencies outside Montgomery County, may apply for equivalent training or experience and/or service time certification. 1. Personnel who enter MCFRS may request equivalency for experience and/or service time at similar ranks within the Montgomery County IECS. To request equivalency for experience and/or service time, personnel must complete and submit Appendix D, Experience and/or Service Time Application, with the specified supporting documentation, to the MCFRS Training Officer. The request must be accompanied by a description of the rank served in, and relevant information to enable a determination of activity level. 2. To request equivalency for training, personnel must complete and submit the Non-Jurisdictional Course Equivalency Application (Appendix C, attached), with the specified supporting documentation, to the MCFRS Training Officer. 3. The MCFRS Training Officer must review all equivalency requests within 15 working days of their receipt. If the MCFRS Training Officer confirms that the documentation meets the requirements of the course, the equivalency is approved and an equivalency certificate is issued. 4. If the MCFRS Training Officer does not recommend approval of an equivalency request, the request must be forwarded to the PSTA Equivalency Committee for its review and recommendation. 5. The PSTA Equivalency Committee must approve or deny the request, and may recommend additional action that the applicant may take to obtain approval. 6. An individual who is denied equivalency for training courses, experience, and/or service time may appeal the decision of the Equivalency Committee to the Fire Chief. A. The individual must submit all equivalency appeals to the Fire Chief on Appendix C, Non-Jurisdictional Course Equivalency Application, or Appendix D, Experience and/or Service Time Equivalency Application, as appropriate. B. Requests must include all supporting documentation. 7. The Fire Chief may grant equivalency or an extension of service time experience, based on an individual's KSAs, as described in Section 4.g.1. of this Regulation, on a case-by- case basis. The Fire Chief's decision to grant or deny any request for equivalency or extension is final and may not be appealed. 8. Personnel who have obtained IFSAC, NBFSPQ, or MFSPQB certification may be certified by the Training Officer as having equivalent training. 9. Experience for career and volunteer fire and rescue personnel is twelve months of active service time to receive credit for one year of experience. 10. Challenge Testing. Personnel who successfully complete the challenge testing process offered through the MFSPQB or the NBFSPQ certification program may be required to complete jurisdictional-specific components of a given training course, as required by the Training Officer. h. EMS Providers. In-State EMS providers may qualify for charge status only when they are granted legal recognition or reciprocal certification, as established by the MCFRS Training Officer and the approval of their LFRD Chief. i. Requirements for Certified Chief Officers. In addition to meeting the training and experience requirements in Appendix A-1 or A-2, a Certified Chief Officer must meet the program requirements of the MCFRS Command Officer Professional Development and Improvement (COPDI) Policy, and successfully complete an annual Competency Evaluation and an annual Peer Evaluation to maintain eligibility to participate in the IECS at the Certified Chief Officer level. The Fire Chief may place a Certified Chief Officer who fails to meet these requirements in Provisional Status. j. WMD Response Training. All MCFRS personnel must complete Operations-level training in Weapons of Mass Destruction response, as recommended for all fire-service based first responders in the National Capital Region by the Metropolitan Washington Council of Governments Fire Chiefs. This training is intended to be funded through the Urban Areas Security Initiative (UASI), a federal Homeland Security grant program, and is subject to the availability of federal funding. 1. For the initial MCFRS roll-out, each incumbent Unit Officer at the ranks of Fire/Rescue/EMS Lieutenant and Captain must complete this training by September 30, 2010. New Fire/Rescue/EMS Lieutenants and Captains must complete this training within two years after their appointment/promotion. These deadlines are contingent on available federal funding. 2. By October 1st of each year, the Fire Chief must review MCFRS’ progress in meeting this training requirement, and report to the County Council on the training completed, and the amount of federal funding received and spent to date. The report must also indicate the remaining personnel to be trained, UASI funding available for this purpose, and the schedule for training the remaining personnel. k. NIMS-ICS Training. All MCFRS IECS-certified personnel must complete NIMS-ICS training in compliance with Homeland Security Presidential Directive #5, dated 2/23/03, and Sec. 21-8A of the Montgomery County Code. HSPD #5 requires that local jurisdictions comply with NIMS in order to be eligible for federal preparedness assistance funding. In September 2006, the County council adopted Resolution 15-1612 establishing NIMS as the standard for incident management in Montgomery County. 1. All MCFRS personnel who were IECS certified on or before the effective date of this regulation must complete the appropriate level of NIMS-ICS training, as indicated in Appendix A-1 for Firefighter/Rescuers, and Appendix A-2 for EMS Providers, by October 10, 2009. 2. An LFRD Chief is not required to take NIMS courses IS-300 and IS-400. However, for an LFRD Chief to respond outside Montgomery County’s jurisdiction on mutual aid incidents or on National Incident Management requests, the LFRD Chief must have completed IS-300 and IS-400 courses. 3. All new, entry level MCFRS personnel must complete NIMS courses IS-700 and IS-100 within one year of their certification at the rank of Firefighter/Rescuer I/EMS Provider I. 4. NIMS courses IS-700, IS-100, IS-200, and IS-800 are web-based and internet accessible, and may be completed on-line. NIMS courses IS-300 and IS-400 for supervisory personnel require 40 hours of classroom training. l. Promotions and Accrual of Experience for Promotion. Progression in IECS rank must be incremental, without skipping a position. Personnel who request promotion must have obtained the necessary training and experience requirements listed between, and included in, their current rank and the IECS rank to which they are requesting promotion. (Exception: Master Firefighter/Rescuer and Master EMS Provider are optional ranks.) m. LFRD Requests for Temporary Promotions. A temporary promotion, as requested by an LFRD Chief, must comply with all applicable Fire and Rescue Commission, MCFRS, Executive Regulations, and/or LFRD policies. The Fire Chief must prepare a Notice of Temporary Promotion and circulate it to the field, as required in Executive Regulation #16- 05AM, Integrated Emergency Command Structure. n. Promotion Eligibility. As of the effective date* of this Regulation, personnel are eligible for promotion to the highest rank as certified on the IECS list and/or the MCFRS Promotion Eligibility List, provided all certification requirements are maintained and current. o. Recertification Requirements for MCFRS Personnel. Personnel in all ranks from Firefighter/Rescuer I/EMS Provider I through Chief must complete the annual recertifications below, subject to the transitional provisions in Section 5.c. 1. Annual recertification requirements for all ranks from Firefighter/Rescuer I/EMS Provider I through Chief include: A. Air/Bloodborne Pathogens; B. CPR-Healthcare Provider; C. AED; D. Hazardous Materials Operations; and E. SCBA 2. Personnel who fail to maintain their certifications will be removed from the IECS list, placed in Provisional Status, and will no longer be certified in the active Service. p. Certifications for Command Duties. An individual in a rank that must assume command duties on the scene of an incident must successfully complete an annual Competency Evaluation to maintain IECS certification. 1. Certified Chief Officers must successfully complete an annual Competency Evaluation and Peer Evaluation to maintain IECS certification. 2. Unit Officers at the rank of Firefighter/Rescuer III and Master Firefighter/Rescuer must successfully complete an annual Competency Evaluation to maintain IECS certification, if operating in the officer position. 3. Unit Officers at the rank of EMS Provider III and EMS Master Provider must successfully complete an annual Competency Evaluation to maintain IECS certification, if operating in the officer position. 4. Lieutenants and Captains must successfully complete an annual Competency Evaluation and Peer Evaluation to maintain IECS certification. 5. The Fire Chief will determine the content of the Competency Evaluation and Peer Evaluation for each rank. 6. The MCFRS Training Officer or designee will administer Competency Evaluations for annual command-level testing at the Command Development Center at the PSTA or other approved facilities. 7. An individual who fails to successfully complete a Competency Evaluation and/or Peer Evaluation will be placed in Provisional Status until the individual has successfully met the requirements. 8. All Competency and Peer Evaluations must be fair, objective, and performance based. q. Credentialing. When federal requirements are in place, personnel serving in the Montgomery County IECS will be certified and nationally credentialed at the highest level attained in each IECS rank. At that time, the Fire Chief will maintain a list of qualified personnel who are certified and credentialed to participate in the IECS. MCFRS personnel will be required to maintain credentialing ID cards, consistent with the annual Competency Evaluation process. r. Documentation. Personnel who request to participate in the Montgomery County IECS must provide documentation of their eligibility for certification, with the Emergency Service Provider Certification form (Appendix B). Documentation must include all required certificates or other records of successful completion of requirements, and/or other means of satisfying the training and experience requirements appropriate for the rank requested. The Fire Chief or designee must approve or disapprove the request within 14 calendar days of receipt. s. Provisional Status. 1. An individual who intends to return to full active service from Provisional Status must become familiar with all new MCFRS policies, regulations, and protocols, and must successfully complete, subject to the transitional provisions in Sec. 5.c.: A. all annual recertification requirements; B. any requirements in Appendix A-1 or A-2, as applicable for the IECS rank they are re-entering in the active Service; C. the current Maryland EMT-B; D. the SCBA fit test; and E. the medical evaluation requirements in Executive Regulation #01-05AM, Medical Standards for Operational Members and Candidates of MCFRS; and F. any new federal or State required training adopted by the Fire Chief under Section 4.u. of this Regulation. 2. A Certified Chief Officer who is in Provisional Status must meet all of the above requirements, as well as COPDI requirements and KSA competencies for command officers, by successfully completing table top exercises and a written Incident Command System evaluation for all-hazards incidents, as described in Section 4.i. of this Regulation. 3. The Fire Chief’s designee must complete a review of individuals in Provisional Status. These individuals will be certified when they have met all the requirements for reinstatement, indicating they have satisfied the IECS requirements for the rank to which they have applied. t. Restrictions while in Provisional Status. An individual who is in Provisional Status is not IECS-certified, and is, therefore, non-operational. However, with the Fire Chief’s approval, an individual in Provisional Status may provide restricted service on an incident scene. As determined by the Fire Chief, the individual may participate in limited response activity, pending completion/remediation of the individual’s training or certification deficiencies. An individual in this category may be required to successfully complete a demonstration of competencies, as defined by the Fire Chief. An individual in Provisional Status is in non-operational status and does not meet minimum staffing requirements. An individual in Provisional Status must agree to the terms of, and execute, a memorandum of understanding or written agreement with the Fire Chief. u. Fire Chief’s Implementation of Additional Training Requirements. The Fire Chief may require additional training to comply with any new State or federal requirements applicable to MCFRS, or to meet immediate safety concerns and protect MCFRS personnel. Any new training requirements must be implemented by regulation. If immediate action is required, the Fire Chief may initially issue a General Order to field personnel requiring the new training. The General Order may remain in effect not longer than 90 days. The Fire Chief must issue regulations to implement the training before the General Order expires. a. The Fire Chief must: 1. develop a list of all fire and rescue personnel in rank order, and certify qualified personnel who meet these training and experience standards to participate in the Montgomery County IECS; 2. ensure that the Equivalency Committee comprises a balanced representation of the career and volunteer components of the Montgomery County Fire and Rescue Service; 3. maintain a list of all qualified personnel who are certified and credentialed to participate in the IECS; and 4. by October 1st of each year, review MCFRS’ progress in meeting the WMD response training requirement in Section 4.j., and report to the County Council on MCFRS’ compliance, as required in Section 4.j.2. b. MCFRS and the LFRDs must apply for training and experience certification for their respective employees and members, and forward the applications to the Fire Chief. c. Implementation Requirements and Transitional Provisions. All MCFRS personnel must meet the training and experience requirements in this Regulation, subject to the transitional provisions below. 1. All MCFRS personnel who were IECS-certified on or before the effective date* of this Regulation must successfully complete new courses required by this Regulation within two years after the date the Public Safety Training Academy initially offers them. 2. All personnel who were in the Firefighter/Rescuer I category on or before the effective date* of this Regulation must complete the basic core training requirements identified in Appendix A-1 for Firefighter/Rescuer I within two years after the effective date.* 3. All personnel who were in the EMS Provider I category on or before the effective date* of this Regulation must complete the basic core training requirements identified in Appendix A-2 for EMS Provider I within two years after the effective date.* 4. An active Firefigher/Rescuer or EMS Provider who was IECS-certified on or before the effective date* of this Regulation must complete all the basic core training requirements within two years after the effective date.* The Fire Chief is the implementation and enforcement authority for all policies and regulations of the Montgomery County Fire and Rescue Service. If a court of final appeal holds that any part of this Regulation is invalid, that ruling does not affect the validity of other parts of the Regulation. This Regulation is effective on the date the County Council adopts a resolution approving it. Appendix A-1 MCFRS Certification Standards for Training, Experience, and Credentialing Requirements - Firefighter/Rescuers Appendix A-2 MCFRS Certification Standards for Training, Experience, and Credentialing Requirements - EMS Provider Personnel Appendix B Emergency Services Provider Certification Form Appendix C Non-Jurisdictional Course Equivalency Application Appendix D Experience and/or Service Time Equivalency Application CANDIDATE Volunteer Membership | RECRUIT *Station Orientation *Air/Blood-borne Pathogens *CPR - Health Care Provider *AED *Haz Mat Operations *Human Relations & EEO *SCBA/PPE *Voice radio/Mobile data computer/unit-incident reporting system | FF I Essentials of F/F I or * EMT-B, AED, and CPR (must obtain within 2 years of implementation) No experience required | FF II Essentials of FF I and *EMT-B, AED, and CPR Training meets or exceeds NFPA Std. 1001 (2002) or current edition. Once certified, must maintain Maryland EMT certification. FIREFIGHTER/RESCUER III EMT-B and CPR Practical Rescue Essentials II Company Level Operations Experience - 3 years total, at least 2 years at FF/R II. Up to 1 year at FF/R I may count toward total experience requirements. | MFF *EMT-B, CPR, and AED Pumps Aerial Operations Annual Competency Evaluation Experience - 3 years total, at least 2 yrs at FF/R II, 1 year FF III MFF/R is an optional rank | LT *EMT-B, CPR, and AED Pumps Aerial Operations Fire Officer I Instructor I WMD Operations-Level First Responder, subject to availability of federal funds Annual Competency Evaluation and Peer Evaluation Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R | Captain *EMT-B, CPR, and AED WMD Operations-Level First Responder, subject to availability of federal funds Annual Competency Evaluation and Peer Evaluation Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R and 2 yrs at LT *BASIC CORE TRAINING REQUIREMENTS Certified Chief Officer *EMT-B, CPR, and AED Annual Competency Evaluation and Peer Evaluation Must comply with COPDI requirements Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R, and 2 yrs at Lt and 2 yrs at Captain | LFRD Chief/Ass’t Chief *EMT-B, CPR, and AED Annual Competency Evaluation and Peer Evaluation Must comply with COPDI requirements Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R and 2 yrs at Lt. and 2 yrs at Captain and 2 yrs at Certified Chief Officer | Duty Operations Chief *EMT-B, CPR, and AED Successful completion of promotion process and selection by the Fire Chief Annual Competency Evaluation and Peer Evaluation Must comply with COPDI requirements Experience - 2 yrs at FF/R II, and 1 yr at FF/R III or MFF/R and 2 yrs at Lt and 2 yrs at Captain and 2 yrs at Certified Chief Officer | *BASIC CORE TRAINING REQUIREMENTS EMS Candidate Volunteer Membership | EMS Recruit *Station Orientation *Air/Blood-borne Pathogens *CPR - Health Care Provider *AED *Haz Mat Operations *Human Relations & EEO *SCBA/PPE *Voice radio/Mobile Data Computer/and unit incident reporting system | EMS PROVIDER I *EMT-B, CPR, and AED No experience required *EMT-B, CPR, and AED certifications must be maintained at all ranks above EMS Provider I | EMS PROVIDER II Basic Trauma Life Support (BTLS) Obtain EMT charge status per LFRD EMS PROVIDER III/ EMS MASTER PROVIDER* EMS Company Operations Course Experience - 3 years total, 2 years at EMS Provider II Annual Competency Evaluation (EMS Master Provider - optional rank) | EMS PROVIDER LIEUTENANT Instructor I Course EMS Officer I Course Annual Competency Evaluation and Peer Evaluation WMD Operations-Level First Responder, subject to availability of federal funds Experience - 2 years at EMS Provider II, and 1 year at EMS Provider III or EMS Master Provider | EMS PROVIDER CAPTAIN EMT-I or Cardiac Rescue Technician (CRT) Annual Competency Evaluation and Peer Evaluation WMD Operations-Level First Responder, subject to availability of federal funds Experience - 2 years at EMS Provider II, and 1 year at EMS Provider III or EMS Master, and 2 years at EMS Provider Lieut. | CERTIFIED EMS PROVIDER CHIEF Pediatric Advanced Life Support (PALS) Must comply with COPDI requirements . Annual Competency Evaluation and Peer Evaluation Experience - 2 years at EMS Provider II, and 1 year at EMS Provider III or EMS Master EMS Provider, and 2 years at EMS Provider Lieut. and 2 years at EMS Provider Captain *BASIC CORE TRAINING REQUIREMENTS Applicant’s Name _________________________________________ Date ____________________________ Local Fire and Rescue Department ____________________________ Social Security No.__________________ Primary Assigned Station ___________________________________ MCFRS ID# ______________________ Driver License Class __________ Number _________________ Date of Birth_______________________ Membership Date _________________________________________ Rank Requested ____________________ TRAINING LOSAP OR CAREER ACTIVE EXPERIENCE (Completion or expiration date Category/Rank Time in Rank Year(s) Held included for all training completed) (F/R or EMS) From To From To ______ Volunteer Physical on file ____ Recruit ______ ______ ______ ______ ______ Station Orientation ____ I ______ ______ ______ ______ ______ Air/Blood-borne Pathogens ____ II ______ ______ ______ ______ ______ AED ____ III ______ ______ ______ ______ ______ Haz Mat Operations ____ Master ______ ______ ______ ______ ______ Human Rel.-EE0/AA & the law ____ Lieutenant ______ ______ ______ ______ ______ Human Rel.-Cultural Diversity ____ Captain ______ ______ ______ ______ ______ SCBA/PPE ____ Cert. Chief Officer ______ ______ ______ ______ ______ Voice Radio, MDC, Incident ____ LFDR Chief ______ ______ ______ ______ Reporting ____ Division Chief ______ ______ ______ ______ ______ Essentials of Firefighting I ______ Emerg. Med. Tech. (expir. date) ______ Basic Tauma Life Support (BTLS) ______ EMT-I, Cardiac Technician, Paramedic ______ CPR Instructor ______ Firefighter I, II, III ______ MFSPQB Certification I hereby certify that the information ______ Emergency Vehicle Operator’s Course provided on this form and ______ Strategies & Tactics Course all attachments are correct. ______ Technical Rescue Course ______ Pump Operations ______ Aerial Operations __________________________________ ______ Instructor I, II Signature Date ______ SCBA Fit Test ______ EMS Officer I, II (Must be signed by the LFRD Chief) ______ Fire Officer I, II, III ______ EMS Company Operations ______ EMS Officer I Course ______ Pediatric Advanced Life Support (PALS) ______ Other ______ Incident Command Please attach documentation for actual training or equivalency ______ COPDI (if applicable) ______ WMD ______ NIMS 100 ______ NIMS 200 ______ NIMS 300 ______ NIMS 400 ______ NIMS 700 ______ NIMS 800 INSTRUCTIONS: Applicant must show that the course completed at other training facilities meets the objectives of the course provided by Montgomery County, Maryland. To request equivalency for training, complete one application for each course for which equivalency, and forward with all required supporting documentation to the MCFRS Training Officer. DO NOT SEND ORIGINALS; application packages will not be returned. Include: - Course syllabus - Course objectives, preferably for each class session or lesson - Length of course, specifying number of hours per class session or lesson - Method of evaluation or testing - Verification of successful course completion Applicant’s Name ____________________________________ Soc. Sec. No. ___________________ Address ____________________________________________________________________________ City __________________________________ State ____________________ Zip _______________ Montgomery Co. MD F.D./R.S. Affiliation ________________________________________________ I am requesting non-jurisdictional equivalency for training for the following course: ___________________________________________________________________ I hereby certify that the information provided on this form and all attachments are correct __________________________________________________ Applicant’s Signature Date __________________________________________________ Fire/Rescue Department Chief Signature Date INSTRUCTIONS: To request equivalency for experience and/or service time, complete this form and forward it with all required supporting documentation to the MCFRS Training Officer at the Public Safety Training Academy. To ensure proper consideration of this application, provide as much relevant information with documentation as possible. DO NOT SEND ORIGINALS; the application package will not be returned. For each year of equivalent credited service requested, submit copies of the documentation listed below, using the Montgomery County LOSAP Annual Certification Standards for Eligibility Requirements in Montgomery County Executive Regulation #2-07) as a guide. Certifiable documentation attesting to your active fire and/or rescue service could include, for example, a signed letter from the Chief of your previous Fire Department/Rescue Squad. Documentation must include the specific dates of service in each position/rank held, and the responsibilities for that position/rank. Applicant’s Name ___________________________________ Soc. Sec. No. ____________________ Address ____________________________________________________________________________ City _________________________________ State ____________________ Zip _______________ Montgomery Co. MD F.D./R.S. Affiliation ________________________________________________ I am requesting non-jurisdictional experience and/or service time equivalency in the following position/rank, for the listed months and years of service in each position/rank. Category/Rank Time in Rank Year(s) Held (F/R or EMS) Years Months From To ____ Candidate ______ ______ ______ ______ ____ I ______ ______ ______ ______ ____ II ______ ______ ______ ______ ____ III ______ ______ ______ ______ ____ Master ______ ______ ______ ______ ____ Lieutenant ______ ______ ______ ______ ____ Captain ______ ______ ______ ______ ____ Certified Chief Officer ______ ______ ______ ______ ____ Assistant Chief ______ ______ ______ ______ ____ LFRD Chief ______ ______ ______ ______ The purpose of this regulation is to establish uniform procedures to administer the Length of Service Awards Program for volunteers of the Local Fire and Rescue Departments in Montgomery County. This regulation applies to all current and former Montgomery County local fire and rescue department volunteers, Local Fire and Rescue Departments, and appropriate Montgomery County Government agencies. a. Active Volunteer. A volunteer who has accumulated a minimum of 50 points in a calendar year, under the point system outlined in Sec. 4. d. of this regulation. b. Appeal. A written statement documenting the reason(s) a volunteer believes he/she is eligible for LOSAP credit. c. Collateral Duties. Volunteer service duties listed by the Division of Volunteer and Community Services as eligible for LOSAP point accumulation, including apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties. d. Designated Beneficiary. A beneficiary named by a volunteer on a form filed with the Division of Volunteer and Community Services. A volunteer may change any beneficiary by completing a new designation of beneficiary form. The consent of the beneficiary is not required to name or change a beneficiary. The designation is effective when the volunteer signs the form even if the volunteer is not living when the Division of Volunteer and Community Services, receives the request, but without prejudice for any payments made the request is received. If a volunteer dies without designating a surviving beneficiary or the designation is not enforceable, the surviving spouse or domestic partner is the designated beneficiary. If no spouse or domestic partner, the volunteer’s estate is the designated beneficiary. e. Domestic Partner (“Partner”). A person who was registered as a domestic partner of an active volunteer with the Fire Chief on or before June 27, 2016 in a domestic partnership that did not end before the active volunteer’s death. f. Drill. A minimum two-hour training session not listed in the approved training course list. g. Emergency Service Provider. An individual who is trained and certified under the Montgomery County Executive Regulation 36-08AM Certification Standards for Training and Experience Requirements, and is physically capable of providing firefighter, rescuer, or emergency medical service. h. Fire Chief. The uniformed department head of the Montgomery County Fire and Rescue Service appointed by the County Executive, who serves as the Director of the Montgomery County Fire and Rescue Service. i. Local Fire and Rescue Department (LFRD). An individual fire or rescue squad corporation authorized under Section 21-5 of the County Code to provide fire and rescue services. j. LOSAP. Acronym for the Length of Service Awards Program. k. LOSAP Administrator. An individual designated by the Fire Chief to receive and verify point totals, maintain individual and LFRD files of LOSAP participants, and notify the Montgomery County Finance Department to begin sending payments to eligible volunteers. l. LOSAP Coordinator. An individual designated by a Local Fire and Rescue Department who is responsible for registering, preparing, maintaining, and submitting to the LOSAP Administrator an accurate LOSAP report for each person who has provided service as a volunteer to that LFRD for any portion of the calendar year. m. Standby. Effective January 1, 2018, on-duty activity performed by Integrated Emergency Command Structure (IECS) certified personnel, not in any other category of active service under Section 4.d. and who are, 1) assigned to a unit available for response, or 2) available for response in the station, but not assigned to a specific unit. Standby must be directly recorded in the data system provided by the County. No more than 3 standby periods may be credited for any 24-hour period. n. Training Course. Classes including: one-day courses, seminars, and short courses; fire protection courses given by Montgomery College, the University of Maryland, the National Fire Academy, and the Maryland Fire and Rescue Institute; and regional emergency service training, etc., that may be eligible for LOSAP credit if approved by the Division of Volunteer and Community Services. o. Volunteer. A person. who is at least 16 years of age, and who, without salary, performs administrative, firefighting, rescue, and/or emergency medical services for a LFRD. This includes former volunteers who have received appropriate certification for service under this regulation. a. Eligibility to Participate. A volunteer is eligible for the LOSAP program if he/she is an active volunteer on or after August 15, 1965, or if on August 15, 1965, he/she had completed 25 years of service as an active volunteer. A volunteer may participate in the Length of Service Award Program by meeting the registration and service requirements below. A volunteer who was not an active volunteer on August 15, 1965 must receive credit for service performed before August 15, 1965, if the volunteer completes 5 years as an active volunteer after August 15, 1965. A volunteer is eligible to participate in the LOSAP program if he/she is at least 16 years old. A volunteer who is less than 18 years old must be enrolled in high school, obtain parental consent to join an LFRD, and maintain a 2.0 grade point average or equivalent during each grading period in the calendar year. b. Registration. Volunteers must register with the LFRD LOSAP Coordinator in order to participate in the LOSAP program, receive annual certification of service, and receive any benefits. The LFRD LOSAP Coordinator will update required information on an annual basis. c. Accrual of Credit. Approval by the Division of Volunteer and Community Services is required for the award of service credit. A volunteer must accumulate at least 50 points each year to receive credit for one year of active service. 1. Credit is awarded on an annual basis for service provided between January 1st and December 31st of each calendar year. Points may not be transferred from one year to the next. 2. An employee of the Montgomery County Fire and Rescue Service or of an LFRD must not receive points for activities performed as an employee. 3. Volunteers who have accrued no service points for two consecutive years are considered inactive for the purpose of this program. A volunteer’s LOSAP status will be re-activated automatically when the LFRD submits the next LOSAP form on his/her behalf. d. Active Service Standards - Point System. Volunteers earn and accumulate points toward credited active service based upon the standards below. 1. Training Courses. The Division of Volunteer and Community Services will maintain a standing list of approved training courses that will be reviewed and modified as needed. If a volunteer claims training certification for a course that was not on the list approved by the Division of Volunteer and Community Services, he/she may request the LFRD’s LOSAP Coordinator to seek the Division of Volunteer and Community Services’ approval for the specific training course. The LOSAP Coordinator must submit the course title, number of hours, location, and a copy of the course outline or syllabus to the Public Safety Training Academy (PSTA), which will determine whether credit may be given for the training course. A maximum of 25 points per year may be earned through training courses. A. Courses lasting less than 20 hours, such as a one-day course, seminar, or basic first-aid class, earn 5 points per course. B. Courses lasting 20 to 45 hours, such as a short course or regional fire school, earn 10 points per course. C. Courses lasting more than 45 hours, such as the basic, advanced, and emergency care courses offered by the University of Maryland, or a fire science course offered by Montgomery College or Prince George’s Community College, earn 15 points per course. 2. Drills. Twenty points maximum per year may be accumulated through drills. Each drill lasting at least 2 hours earns one point. Training courses and Continuing Education courses lasting less than 8 hours may be counted as a drill. 3. Standbys. Effective January 1, 2018, LOSAP activity must be entered directly in the data system provided by the County for each standby activity to be credited. A volunteer may accumulate up to 20 points per year. A. Standby On duty Integrated Emergency Command Structure (IECS) certified personnel may earn stand-by LOSAP points for performing on-duty activity at the rate of: i. One quarter point for every hour of stand-by service a volunteer is assigned to a unit available for response; or ii. One point for every 4 hours of stand-by service the volunteer is available for response in the station, but not assigned to a specific unit. Standby-service must be recorded directly in the data system provided by the County. A volunteer must not earn more than 3 points for stand-by service during any 24 hour period. 4. Elected and Appointed Positions. A volunteer may earn a maximum of 25 points per calendar year for completing a one-year term in an eligible elected or appointed position. A maximum of 25 points per calendar year may be certified for any combination of service in elected and appointed positions. A. A volunteer who serves in an elected or appointed position for less than a one-year term may earn two points for each complete month of service. B. The Division of Volunteer and Community Services annually must approve a list of the elected and appointed positions for which a volunteer may earn points. The list must include: i. LFRD officer at the rank of Lieutenant or higher; ii. director, trustee, trial board member, or auxiliary member or officer of an LFRD’s auxiliary; iii. chair of fund raising or membership for an LFRD; iv. chaplain of an LFRD; v. delegate, alternate, or officer for the Montgomery County Volunteer Fire Rescue Association; vi. member of a committee of the Montgomery County Fire Emergency Services Commission, or the Maryland State Firemen’s Association (MSFA), or officer of an MSFA auxiliary. 5. Meeting Attendance. A maximum of 20 points total per year may be accumulated for approved meeting attendance. A volunteer may earn one point credit for attending any official meeting of an organization below: A. the LFRD or its auxiliary; B. the Fire Emergency Services Commission; C. the Montgomery County Volunteer Fire/Rescue Association; D. the LFRD’s Board of Directors/Trustees; and E. the Maryland State Firemen’s Association or its auxiliary. 6. Participation in LFRD or Station Responses. To receive credit for responses, the volunteer must meet the criteria for emergency service provider. The Division of Volunteer Fire and Community Services annually must determine for each LFRD whether the total annual calls will be computed by department or by station. The total points may be credited per year for responding on the minimum number of calls, or credited to an individual based upon the calls-to-points ratio indicated in the Point Awards Schedule below. An emergency service provider will be credited for a response when he/she: A. is in the station when the call is dispatched and rides as an emergency service provider on the dispatched apparatus; B. is in the station when the call is dispatched and remains there for the duration of the call on a reserve basis as an emergency service provider; C. responds to the station after the call is dispatched, and remains in the station as an emergency service provider on a reserve basis for the duration of the call; or D. reports to the Incident Commander when responding directly to the incident scene without having ridden on the apparatus. POINT AWARDS SCHEDULE Total LFRD/station call responses per year | 000 to 999 | 1000 to 7499 | 7500 or more Responses required to earn 1 point, if not qualified for maximum 30 points | 2 | 4 | 5 Responses per year required to receive maximum 30 points | 50 | 100 | 120 7. Military Service. A volunteer whose voluntary fire service is interrupted by full- time extended obligatory military service, or by a single voluntary enlistment in the armed forces of the United States not to exceed 4 years, is considered to be on military leave. During this period of military service, the volunteer will receive 50 points of LOSAP service credit for each full year, prorated for military service of less than a full year. 8. Collateral Duties - Twenty-five Points Maximum. One point will be awarded for each qualified activity benefitting the volunteer’s LFRD that lasts at least 4 hours, up to a maximum of twenty-five points. The Division of Volunteer and Community Services annually must approve a list of the collateral duties under which a volunteer may perform qualified activities. These activities include apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties. Points will be credited for volunteer service for acceptable collateral duties performed per year. a. Length of Service Benefits. A volunteer is not required to have received 50 points in the year in which he/she applies for LOSAP benefits. All LOSAP payments will be made by direct deposit. 1. A Volunteer Who Qualified before 1985. Effective January 1, 1985, a volunteer who qualified for a monthly award payment before January 1, 1985, must receive monthly award payments equal to 150 percent of the pre-1985 monthly award payment. 2. A Volunteer Who Qualifies in 1985 or Later with 25 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 25-year award payment when he/she has completed 25 years of service as an active volunteer. Amount Awarded. A volunteer who satisfies these requirements must receive an award payment of $$233 per month for life, and $11.70 per month for life for each year of service as an active volunteer over 25 years. The maximum total benefit is $350 per month. 3. A Volunteer Who Qualifies in 1985 or Later with 15 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 15-year award payment when he/she has completed 15 years of service as an active volunteer after January 1, 1955, and is at least age 60. Amount Awarded. An active volunteer who satisfies these requirements must receive an award payment of $9.32 per month for life for each year of service as an active volunteer. 4. A Volunteer Who Qualifies in 1985 or Later with 10 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 10-year award payment when he/she has completed 10 years of service as an active volunteer and is at least age 65. Amount Awarded. An active volunteer who satisfies these requirements must receive an award payment of $9.32 per month for life for each year of service as an active volunteer. 5. Effective July 1, 2017, increase for certain individuals currently receiving LOSAP benefit payments as follows: The agreed upon eligible individuals will receive a 3.5% increase, for a maximum total benefit of no more than $362.00 per month, to his/her LOSAP benefit payment if he/she is: A. Received LOSAP benefit payments as of December 31, 2015; and B. Qualified for the higher nominal fee, as described in Article 12 of the Collective Bargaining Agreement, for calendar year 2015 by: i. Being on the Integrated Emergency Command Structure (IECS) certified list; ii. Receiving 30 LOSAP points for department or station responses; and, iii. Receiving 20 LOSAP points for standby. b. Disability Benefit. A volunteer qualifies for a disability benefit of $345 per month for life if: 1. he/she becomes disabled as the direct result of active participation as a LFRD volunteer; 2. the disability prevents him/her from pursuing his/her normal occupation; and 3. a State Workers’ Compensation Commission finds that the disability is total and permanent, and is a direct result of active participation as a LFRD volunteer. Length of Service benefits under 21.02.16.05.a. must not be paid to volunteers who are receiving award payments under this subsection. c. Death Benefit. On a volunteer’s death, his/her surviving spouse or domestic partner, or estate if no spouse or partner survives, qualifies for a $5000 death benefit if the volunteer has met either the years of service requirement for a length of service benefit, or the requirements for a disability benefit. d. Survivor’s Benefit. A volunteer’s surviving spouse or domestic partner qualifies for a monthly award payment equal to 50 percent of the length of service benefit for which the volunteer met the minimum years of active service requirement, or 50 percent of the volunteer’s disability benefit, until the spouse’s death or remarriage, or the partner’s death or establishment of another domestic partnership. To participate in LOSAP, a volunteer must register with the LFRD LOSAP Coordinator before the annual certification period. On January 1st of each calendar year, a process will be initiated to officially credit service points that each volunteer has accumulated in all service categories between January 1st and December 31st of the prior calendar year. Reports that the LFRD will use to prepare the Annual Certification for the Length of Service Award Program must be maintained in a format approved by the Division of Volunteer and Community Services. a. LFRD Administration Process. Each LFRD must appoint a LOSAP Coordinator to register all volunteer members, administer its LOSAP program, and maintain its LOSAP records. 1. Volunteer Registration. The LOSAP Coordinator will verify volunteer member registration information and report any changes on the record form to the LOSAP Administrator with the annual certification. 2. Record Maintenance. LOSAP Coordinators must maintain documentation in a format approved for LOSAP credit. This format requires that records be kept by the year for credit, volunteer's name (last name, first name, middle name, Jr./Sr.), Social Security Number/taxpayer identification number, date of birth, and current home address. 3. Record Verification and Resolution of Discrepancies. The LFRD's LOSAP Coordinator will transfer all required data to the LOSAP annual certification form. The LFRD Member Activity Summary for all volunteer members must be posted in a prominent place in each of the LFRD stations for at least 30 days. Each volunteer must review his/her LOSAP annual certification form and initial the point totals to verify its accuracy. If a volunteer notes that a discrepancy exists on a LOSAP annual certification form, the LOSAP Coordinator and the volunteer must attempt to resolve the discrepancy before the LOSAP Coordinator submits the annual certification form to the LOSAP Administrator. If the discrepancy remains unresolved by the deadline for the LFRD's submission of the annual certification form to the LOSAP Administrator, the LOSAP Coordinator must submit a request for an appeal to the LOSAP Administrator on behalf of the volunteer. The LOSAP appeal must be submitted within the 30-day appeal window noted in subsection c. below, and must include all supporting documentation. b. Division of Volunteer and Community Services Administration Process. 1. The LOSAP Administrator: A. calculates the points awarded by category to determine the total point award; B. returns the approved list of certified volunteers to each LFRD, which must post the list for at least thirty days for review and verification by volunteers; and C. distributes copies of the volunteer’s service LOSAP form as follows: i. one copy of the verified LOSAP form must be inserted in the County’s LOSAP files. c. Volunteer Annual Certification Appeals Process. A volunteer who has not received proper point credit, or otherwise has an unresolved discrepancy, has the right to file a LOSAP appeal to the Division of Volunteer and Community Services within 30 days after a written notice of the finding is mailed to the volunteer. The volunteer’s appeal of the LOSAP Coordinator’s decision must be in writing and must be forwarded to the LOSAP Administrator by the LFRD Coordinator. The appeal must include a cover memo explaining the issue appealed and must provide all relevant documentation to support the appeal. The LOSAP Administrator must then investigate the appeal and make a recommendation to the Division Chief of the Division of Volunteer and Community Services. The Division Chief’s decision on the LOSAP appeal is final. A volunteer must complete the Application for Payment form (Appendix A) and submit it to the LOSAP Administrator. a. Application for Length of Service Benefits. 1. The volunteer must complete the Application for Payment form (Appendix A) to request LOSAP payments and submit it to the LOSAP Administrator. b. Application for Disability Benefits. A volunteer who becomes disabled as the direct result of active participation as a LFRD volunteer and is prevented from pursuing his or her normal occupation because of a disability incurred while serving as a volunteer may receive a disability benefit. The volunteer must complete the application procedure for the disability benefit, as described in the Fire and Rescue Commission’s regulation on Workers’ Compensation Claims. The volunteer must provide proof that the Maryland Workers’ Compensation Commission has found that the disability is total and permanent, and is a direct result of active participation as a LFRD volunteer. The volunteer must complete and submit the Application for Payment form (Appendix A) to request disability pay. c. Application for Death Benefits. The volunteer must have met either the years of service eligibility requirement for a length of service benefit, or the requirements for a disability benefit. Within one year of the volunteer’s death, his/her surviving spouse or domestic partner (or estate if no spouse or partner survives) must submit an application using the Application for Payment form (Appendix A), with a certified copy of the death certificate, before the benefit can be paid. d. Application for Survivor’s Benefits. The volunteer’s spouse or domestic partner may receive a survivor’s benefit on the volunteer’s death if the volunteer met the years of service requirements for a length of service benefit, or the requirements for a disability benefit. The spouse or domestic partner must submit an application using the Application for Payment form (Appendix A), along with a certified copy of the death certificate, before the benefit can be paid. a. Division of Volunteer and Community Services: 1. approves certification of annual service; 2. annually approves and distributes a standing list of elected and appointed positions that are eligible for LOSAP credit; 3. annually approves and distributes a standing list of training courses that are eligible for LOSAP credit; 4. annually approves and distributes a standing list of collateral duties that are eligible for LOSAP credit; and 5. hears appeals brought by LFRD volunteers who believe that they are eligible to receive LOSAP benefits and/or annual certification. b. Fire Chief: 1. administers the LOSAP program, in coordination with the Division of Volunteer and Community Services and other appropriate Montgomery County Government agencies; and 2. with the recommendation(s) of the Division of Volunteer and Community Services, annually submits with the fire and rescue service budget a request for funds to pay administrative costs and benefits for all eligible LOSAP recipients for the next fiscal year. c. Local Fire and Rescue Department: 1. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills. 2. maintains detailed and accurate records of participation in any activity that qualifies for credit toward active volunteer status for each volunteer; 3. ensures that its LOSAP Coordinator adheres to the procedures established in this regulation; and 4. when requested by the County Executive, provides the Executive with all available records regarding LFRD volunteers’ claims for retroactive benefit payments. d. Volunteer: 1. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills. 2. provides the LOSAP Coordinator with accurate and timely information to maintain his/her records; 3. reviews his/her annual certification of service summary to verify the accuracy of the information before its submission to the Division of Volunteer and Community Services LOSAP Administrator; 4. resolves any inaccurate information with the LOSAP Coordinator, 5. appeals to the Division of Volunteer and Community Services any discrepancy not resolved with the LOSAP Coordinator, or any disputed finding by the LOSAP Administrator regarding the number of points he/she received under Sec. 4.d. above; 6. initiates application for payment of appropriate benefits; and 7. if applicable, coordinates the accreditation of points awarded for his or her volunteer service with multiple LFRDs. e. LOSAP Coordinator: 1. maintains accurate volunteer registration and certification information and files; 2. reviews any discrepancies noted by volunteers in the annual reports, 3. assists volunteers as necessary during the appeals process; 4. submits annual certification information to the LOSAP Administrator by March 31st of each year; 5. mails or hand delivers to each registered volunteer, his/her annual certification within 20 days of its receipt; and 6. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills. f. LOSAP Administrator: 1. verifies service data award points based on the volunteer’s activity, 2. prepares the “credit/no credit” list; 3. files annual certification copies as appropriate; 4. prepares, approves, and submits LOSAP payment authorizations to the Montgomery County Finance Department; 5. prepares documentation of appeals for the Division of Volunteer and Community Services review; 6. notifies the LOSAP Coordinator and the affected volunteer of the Division of Volunteer and Community Services decision on the appeal; and 7. conducts periodic LOSAP administration training classes for all LOSAP Coordinators. g. Montgomery County Government Finance Department: maintains the LOSAP payment schedule, in coordination with the Division of Volunteer and Community Service, and makes timely payment of LOSAP benefits to volunteers, the surviving spouse or domestic partner, or the volunteer’s estate, as appropriate. This regulation is effective when the Council receives a copy of the regulation adopted by the County Executive. Appendix A - Application for Payment [Click here to view Appendix A.] The County Executive assigns the responsibility for the administration of the Length of Service Awards Program to the Fire Administrator, in coordination with the Fire and Rescue Commission and other appropriate Montgomery County agencies. The regulation must be administered in accordance with the requirements of Executive Regulation 17-00 and the County Code. This regulation is effective when the Council receives a copy of the regulation adopted by the County Executive. To adopt a code of ethics and on-duty personal conduct governing the on-duty activities and behavior of all Montgomery County Fire and Rescue Service operational and administrative personnel. This regulation is not intended to invalidate, replace, or supersede other applicable federal, State, or County laws, regulations, procedures and policies. To the extent permitted by federal, State, and County laws, regulations, procedures and policies, an LFRD or DFRS may adopt policies that may be applied to its own organization that are more stringent than this regulation. This regulation applies to the on-duty conduct of all fire, rescue, emergency medical services, and administrative personnel of the Montgomery County Fire and Rescue Service. All other conduct not expressly covered by this policy is subject to applicable federal, State, and County laws, regulations, policies and procedures. a. County Personnel. This regulation applies to all Montgomery County Fire and Rescue Service personnel, in addition to all other applicable federal, State and County laws, regulations, policies, procedures, and applicable collective bargaining agreements. b. LFRD Personnel. This regulation applies to all LFRD personnel, in addition to all other applicable federal, State, County, and Local Fire and Rescue Department laws, regulations, policies, and procedures. a. Discrimination. Prejudicial action, treatment, or disparagement based on an individual's race, color, religion, creed, ancestry, national origin, age, sex, marital status, sexual orientation, disability, or protected genetic information. b. Division of Fire and Rescue Services (DFRS). The Division of the Montgomery County Fire and Rescue Service comprising career employees and DFRS volunteers, that shares with the Local Fire and Rescue Departments the responsibility for providing direct fire suppression, rescue, and emergency medical services. c. Division of Volunteer Fire and Rescue Services (DVFRS). The Division of the Montgomery County Fire and Rescue Service that, along with the Local Fire and Rescue Departments, shares with DFRS the responsibility for providing direct fire suppression, rescue, and emergency medical services. d. Fire Administrator. The non-uniformed department head of the Montgomery County Fire and Rescue Service who is appointed by the County Executive. The Fire Administrator serves as ex officio chair of Fire and Rescue Commission, and is responsible for implementing and enforcing Commission policies, administering all fire and rescue services provided in the County, and supervising the Chiefs of both the Division of Fire and Rescue Services and the Division of Volunteer Fire and Rescue Services. For the purposes of this regulation, the term “Fire Administrator” includes his or her designee. e. Harassment. Written, verbal, or physical conduct that has the purpose or effect of unreasonably interfering with any individual's work performance, or creating an intimidating, hostile, or offensive working environment. f. Internal Affairs Officer. The individual appointed by the Fire Administrator, on the recommendation of the Commission, to assist the Commission and the Administrator in monitoring compliance with law and County and Commission policies, regulations, and procedures. The Internal Affairs Officer also investigates matters assigned by the Fire Administrator or the Fire and Rescue Commission. g. Local Fire and Rescue Department (LFRD). A component of the Montgomery County Fire and Rescue Service that provides direct fire suppression, rescue, and emergency medical services, in conjunction with DFRS. h. Montgomery County Fire and Rescue Service (MCFRS). The combined service comprising the Division of Fire and Rescue Services and the Division of Volunteer Fire and Rescue Services that includes the Local Fire and Rescue Departments. i. MCFRS Premises. This term includes, but is not limited to: MCFRS fire and rescue stations and their operational areas; watch offices; day rooms; apparatus bays; bunkrooms; exercise areas; offices; and satellite locations. j. MCFRS Private Banquet Facility. A limited area within LFRD premises that may be designated as a private banquet facility on a temporary basis, to conduct functions officially authorized by the LFRD. The LFRD president or department head must make a written designation in the permanent official LFRD records before the function, and provide a contemporaneous notice to the Fire Administrator. The designated area must not be used as an operational area at the same time as the function. It may be used for the consumption of food and beverages, including alcoholic beverages, during officially authorized receptions. Alcoholic beverages must not be removed from this designated area, and must not be consumed anywhere else on LFRD premises. k. On-Duty Personnel. 1. For purposes of this regulation, MCFRS personnel are “on-duty” when they: A. are involved with the assigned service, business, activity, or work of MCFRS; B. work during scheduled hours; C. act or represent MCFRS in an official capacity; or D. provide direct emergency care or services to the public. 2. In addition, consistent with the Fire and Rescue Commission's authority under County Code Sections 21-2(d)(3) and 21-19, the standards of conduct in this regulation apply to any MCFRS personnel who: A. are present at, on, or in any MCFRS premises, apparatus, or vehicle; or B. actively participate at a fire, rescue, or emergency medical incident. 3. Personnel may not be subject to the standards of conduct in this regulation simply because they are in a MCFRS private banquet facility. l. Personnel. All fire, rescue, and emergency medical service personnel, including all employees and all volunteers. This includes administrative staff as well as operational personnel. m. Serious violation. An alleged incident by MCFRS personnel involving a threat to the public or personnel safety, or related to a violation that undermines the public trust and confidence in the fire and rescue service. A serious violation includes an egregious: negligent act or omission; theft of property; criminal felony; assault; battery; or other violation of law, County policy, Commission policy, or any order of the Administrator. n. Sexual Harassment. Verbal or physical conduct that may include: 1. making unwelcome sexual advances; 2. requests for physical conduct of a sexual nature; and 3. any written, verbal, or physical conduct (including contact) of a sexual nature or conduct based on one's gender, including gender stereotyping or animus, if A. an individual's submission to that conduct is made either explicitly or implicitly a term or condition of the individual's employment or membership; B. an individual's submission to or rejection of that conduct is used as a basis for employment or membership decisions affecting that individual; or C. that conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive environment. In the context of Sec. 3.n.3.A.-C., sexual harassment includes, but is not limited to: requests for sexual favors; using threats or force to obtain sexual favors; sexual propositions or innuendo; suggestive comments; sexually oriented teasing or joking; jokes about gender-specific traits; unwelcome or uninvited touching, patting, pinching, or brushing against another's body; obscene spoken or written language; obscene gestures; and displaying offensive or obscene printed, audio, visual, or Internet material. o. Unbecoming Conduct. Improper behavior, including any: criminal conduct; violence in the workplace as defined in this Regulation; material misrepresentation; misappropriation of funds or property; possession of illegal weapons; failure to obey safety practices; false allegation or misleading statement; dishonest, discriminatory, harassing (sexual or otherwise), or lewd act; or retaliation for a real or perceived injury. p. Violence in the Workplace. The exertion or threat of physical force by on-duty personnel that is likely to injure or abuse other MCFRS personnel or the public. It is the policy of the Fire and Rescue Commission to ensure that all on-duty personnel maintain an exemplary standard of personal integrity and ethical conduct in their relationships with each other and with the public at all times. On-duty personnel must conduct themselves in a professional manner that is beyond reproach. a. Compliance with Other Applicable Standards. All on-duty personnel must comply with all applicable federal, State, and local laws and regulations, including Fire and Rescue Commission or County policies and procedures, laws, Executive Orders, Personnel Regulations, and the County Charter. They must also conform to all laws applicable to fire, rescue, and emergency medical services, and the general public. These laws include Chapters 11B (Procurement), 19A (Ethics), and 27 (Human Rights and Civil Liberties) of the Montgomery County Code. The LFRDs and DFRS are responsible for taking appropriate disciplinary action(s) for any violation of this Code of Ethics and On-Duty Personal Conduct by their respective on-duty personnel, and for immediately reporting any serious violation to the Fire Administrator. b. Orders and Directives. All on-duty personnel must obey a supervisor's order or directive, unless it would require the on-duty personnel to commit an illegal, reckless, or unethical act. A supervisor or higher ranking officer, as designated in the Integrated Emergency Command Structure (IECS), must not issue any order that he or she knows, or reasonably should know, would require a subordinate to commit an illegal, reckless, or unethical act, or that would violate these or other established policies. 1. If a supervisor or higher ranking officer issues an order to an individual that conflicts with another previously issued order, policy, or procedure, the individual must immediately call attention to the conflicting order. If the conflicting order is not rescinded by the supervisor or higher ranking officer, that order will stand. 2. The responsibility for an order rests with the individual issuing it. c. Personal Conduct. On-duty personnel must behave in a professional manner that reflects favorably on the Montgomery County Fire and Rescue Service at all times. They must not commit any act that constitutes conduct unbecoming a member of the fire and rescue service. 1. On-duty personnel must be courteous and respectful toward the public, each other, and one another's MCFRS affiliation, and maintain proper decorum and behavior. On-duty personnel must not use violent, insolent, or obscene language or behavior at any time. 2. On-duty personnel must not refer to or speak to any other person or group in a way that may reasonably be construed as demeaning or constituting discrimination. 3. All on-duty personnel must assure an environment free of discrimination, harassment, or sexual harassment. Individuals should notify another person when that person's act or behavior is offensive, or report the matter to a supervisor. Personnel must report acts or statements of discrimination, harassment, or sexual harassment to their supervisors, in accordance with federal, State, or County laws, regulations, policies, and procedures. All supervisors, through their appropriate chain-of-command, must investigate these allegations, and when appropriate, implement corrective actions. 4. On-duty personnel must always behave with professionalism regarding any physical contact. Unwelcome or offensive touching is prohibited. 5. On-duty personnel must not possess, be under the influence of, or consume an alcoholic beverage while on duty. In addition, personnel must not consume an alcoholic beverage within four hours before going on duty. A. All on-duty personnel must not operate a LFRD or County vehicle while under the influence of, or within four hours after consuming any alcoholic beverage. B. For formal events or official social functions to which representatives from MCFRS are invited because of their public service roles, capacities, responsibilities, or titles, it is recognized that serving, openly displaying, possessing, or consuming alcoholic beverages is legal. MCFRS personnel who attend these events may possess, consume, and openly display alcoholic beverages, as long as they do not violate other provisions of this regulation or any other law or policy. 6. On-duty personnel must not use, possess, or be under the influence of any narcotic or controlled dangerous substance at any time, unless prescribed for that person by a licensed health care practitioner. A. On-duty personnel must not unreasonably, improperly, or immoderately use prescription or non-prescription drugs. B. Personnel who are taking any prescription or non-prescription medication that may at any time affect their job performance must inform their supervisor of this fact. The supervisor must facilitate a telephone or personal consultation for the individual with Montgomery County's Occupational Medical Section, a physician at a local hospital, or a physician at a County-designated health care provider, who must then inform the supervisor regarding the individual's fitness for duty. The individual must participate in, and be honest, during the consultation. The condition for which the prescription or non-prescription medication is prescribed or used must remain confidential between the individual and the health care provider. 7. On-duty personnel must not take, tamper with, maliciously damage, or borrow without permission any County or LFRD equipment or property, or the personal property of another. Personnel must obtain permission from the Fire Administrator before putting DFRS property to personal use. Personnel must obtain permission from the highest ranking LFRD official or designee before putting LFRD property to personal use. 8. On-duty personnel must refrain from any horseplay that a reasonable person should know may injure someone, or damage DFRS or LFRD equipment or property, or the personal property of another. 9. On-duty personnel are responsible for the conduct of their guests at all times while on County or LFRD property. The behavior of guests of MCFRS personnel must not impair, disrupt, damage, delay, or otherwise negatively affect MCFRS operations, or violate any provision of this regulation. If a guest fails to comply with any request to cease offensive behavior, on-duty personnel must notify the on-duty command officer, LFRD Chief, or LFRD President, who must take appropriate action. 10. On-duty personnel must treat County or LFRD property appropriately, and maintain the property in good, clean, and operating condition. 11. On-duty personnel must not engage in any unbecoming conduct. 12. On-duty personnel must not alter, materially misrepresent, or otherwise misuse any MCFRS document, rule or regulation, policy, or financial report. 13. MCFRS personnel must not make any false or misleading statements during the course of an investigation, or in order to initiate an investigation. d. Confidentiality. All MCFRS personnel have the same rights of confidentiality under Sec. 10-616(i) of the State Government Article, Maryland Public Information Act. Under this Act, a custodian of records must deny inspection of an individual's personnel record, regardless of whether he/she is a career or volunteer MCFRS member. These records include an application, performance rating, or scholastic achievement information. However, a custodian must permit inspection by the person in interest, or an elected or appointed official who supervises the work of that individual. e. Reports. On-duty personnel must submit all required reports in accordance with established policy and procedures. The reports must be accurate, truthful, complete, and timely. The Fire Administrator is the enforcement authority for all policies and regulations of the Montgomery County Fire and Rescue Service. a. Applicable Provisions. If any applicable County law, regulation, policy, or other standard that has a specific enforcement provision is violated, the specific enforcement provision applies. b. Reporting Alleged Violations. If this policy is violated, or if a policy is violated for which an enforcement provision is not otherwise described, the procedure below must be followed. 1. For an alleged violation by on-duty LFRD personnel, the LFRD's highest ranking official or designee must promptly begin an investigation. A. On-duty LFRD personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify the highest ranking LFRD official when it is learned that LFRD personnel were involved. The initiating on-duty LFRD personnel must also promptly provide the highest ranking LFRD official with a complete written report describing the alleged violation. B. On-duty DFRS personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify the on-duty DFRS District Chief. The DFRS District Chief must then verbally notify the highest ranking LFRD official. The initiating on-duty DFRS personnel must also promptly provide the District Chief with a complete written report describing the alleged violation. The District Chief must then provide the highest ranking LFRD official with a written report describing the alleged violation. 2. For an alleged violation by on-duty DFRS personnel, the DFRS Division Chief must promptly begin an investigation. A. On-duty LFRD personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify the highest ranking LFRD official when it is learned that DFRS personnel were involved. The highest ranking LFRD official must then verbally notify his/her on-duty DFRS District Chief. The initiating on-duty LFRD personnel must also promptly provide the highest ranking LFRD official with a complete written report describing the alleged violation. The highest ranking LFRD official must then provide the designated DFRS District Chief with a written report describing the alleged violation. B. On-duty DFRS personnel who witness a violation, or to whom a third party documents a violation in writing, must promptly verbally notify their on-duty DFRS District Chief when it is learned that DFRS personnel were involved. The initiating on-duty DFRS personnel must also promptly provide the on-duty DFRS District Chief with a complete written report describing the alleged violation. 3. After completing an investigation, the highest ranking LFRD official, DFRS Division Chief, DVFRS Division Chief, or the Fire Administrator must promptly take appropriate action. c. Documentation. When MCFRS personnel witness a violation, or a third party documents a violation in writing, the LFRD department head or designee, or the assigned DFRS District Chief, as appropriate, must prepare and provide a written report of each alleged violation and its disposition to their respective authorities in a timely manner. d. Serious Violation. In addition to the requirements of Secs. 5.b. and 5.c., the LFRD or DFRS official who is responsible for initiating an investigation of a violation must promptly report an allegation of a serious violation to the Fire Administrator. The Fire Administrator must acknowledge receiving that report, and must begin investigating an allegation of a serious violation within 24 hours of receiving written notification, to determine whether public safety or MCFRS personnel safety is threatened. If the Fire Administrator determines that the allegation indicates that a serious violation has occurred, the Fire Administrator may immediately remove an individual from the Integrated Emergency Command Structure, or take other action permitted by law, pending the completion of the investigation. 1. Disposition of a Serious Violation. A. If the Fire Administrator is not satisfied with an LFRD or DFRS official's disposition of a serious violation, the Fire Administrator must notify the party(ies) in writing within 30 days after the Fire Administrator receives notice of the action taken. B. The Fire Administrator must refer any unsatisfactory disposition by an LFRD or DFRS official to the Internal Affairs Officer for investigation. The Internal Affairs Officer, in consultation with the Fire Administrator, may appoint a representative ad hoc committee to help investigate technical matters. The Internal Affairs Officer must present a finding of facts to the Fire Administrator, who must then take appropriate action(s). 2. Formal Complaint of a Serious Violation to the Fire Administrator. Upon receiving a formal complaint of a serious violation, the Fire Administrator must promptly notify the subject of the complaint of the allegation. A. Except for investigations identified in Sec. 5.b. above: 1. where DFRS personnel are the subject of the complaint, the Fire Administrator must provide confidential notification to the DFRS Division Chief; and 2. where LFRD personnel are the subject of the complaint, the Fire Administrator must provide confidential notification to the highest ranking LFRD official. The DFRS Chief and the highest ranking LFRD official must hold this information as confidential and must not divulge it to any other party, except for those authorized to participate in the investigation or disposition of the matter. Those authorized individuals must also keep this information confidential. B. The subject of the complaint must be informed of the initiation of an investigation, except for allegations of criminal conduct, sexual harassment, Title VII violations, or other conduct for which investigatory procedures are covered by another law, regulation, or policy. 3. Representative during Investigation of a Serious Violation. During the investigation of a serious violation of which the subject of the complaint must be notified under Sec. 5.d.2.A., LFRD personnel and DFRS bargaining unit employees may have a representative present during an investigative interview. Provisions for representation must not unreasonably delay proceeding with the investigative interview or the conduct of the investigation. Representation may continue throughout the investigative and disciplinary process. Interviews of DFRS personnel must be conducted in accordance with applicable provisions of the collective bargaining agreement or County Personnel Regulations. e. Violence in the Workplace. Violence in the workplace is strictly prohibited, and is considered a serious violation under this policy. 1. Upon receiving a report of an occurrence of violence in the workplace, the Fire Administrator must promptly consult with the highest ranking LFRD official, DFRS Chief, or DVFRS Chief, as appropriate. 2. If immediate action is necessary to maintain personnel and public safety, and safe fire and rescue service operations, the highest ranking LFRD official, DFRS Chief, DVFRS Chief, or the Fire Administrator must remove personnel from MCFRS premises or from their duty assignment, pending an investigation or other appropriate action taken by the highest ranking LFRD official, DFRS Chief, DVFRS Chief, or the Fire Administrator. f. Appeals. An appeal of decisions or orders of the Fire Administrator to the Fire and Rescue Commission, or decisions or orders of the Fire and Rescue Commission, must be processed according to Chapter 21-7 of the County Code, or other applicable laws, policies, or regulations. The Fire and Rescue Commission should periodically evaluate the application and effectiveness of this regulation. This evaluation may include soliciting input from all areas of the MCFRS community and the public by using questionnaires, Town Meetings, or other public forums. If a court of final appeal holds that part of this regulation is invalid, the invalidity does not affect other parts of the regulation.

To adopt an Integrated Emergency Command Structure for the Montgomery County Fire and Rescue Service that: (a) reflects terminology and structural changes in the operational chain of command for all MCFRS personnel, and (b) adapts the January, 2005 reorganized MCFRS organizational and operating structure into a Standardized Incident Management System that integrates County and local fire and rescue departments with the National Incident Management System, including regional, State, and national emergency management plans. This Regulation also seeks to achieve the legislative intent of Section 21-1(a)(3) of the County Code. This regulation applies to all IECS-certified MCFRS providers of firefighting, rescue, and emergency medical services, in accordance with Section 21-8(a) of the County Code. a. Assistant Chief. A County Merit System employee who has been promoted through a competitive evaluation process to the rank of Assistant Chief, and is responsible for a major organizational program area. b. Battalion. A geographic area of the County comprising a group of fire and rescue stations, as defined by the Fire Chief. c. Certified Chief Officer. An MCFRS officer who is certified at the IECS rank of Battalion Chief or above by the Fire Chief or designee, who has met the training and experience requirements identified in the Certification Standards for Training, Experience, and Credentialing Requirements Executive Regulation #18-05AM. d. Certified Primary Unit Officer. An individual who is certified as a Master Firefighter/Rescuer, Fire/Rescue Lieutenant, Fire/Rescue Captain, or any rank above, and who has passed a current competency evaluation, can be assigned as the supervisor of a primary unit. In extenuating circumstances, a Firefighter/Rescuer III who has passed a current competency evaluation, as defined by the Fire Chief, may be assigned as a primary unit officer. e. Division Chief. An individual who meets the certification requirements for the position of certified Chief Officer, and is appointed by the Executive or promoted by the Fire Chief to this position. f. Division Chief of Fire and Rescue Operations. The Chief of the Division of Fire and Rescue Operations is a merit system position. The Division Chief must meet the requirements for chief officer adopted under Section 21-3(c) of the County Code. The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief. The Division Chief, subject to the authority of the Fire Chief, may take disciplinary action, including discharge, against any merit system employee in the Service, subject to applicable merit system regulations and collective bargaining agreements. g. Division Chief of Volunteer Services. The Chief of the Division of Volunteer Services is a non-merit position. The Division Chief must meet the requirements for chief officer adopted under Section 21-3(d) of the County Code, and must have experience as a chief, or assistant or deputy chief, in a volunteer fire and rescue organization in the County. The Division Chief must be given the same rank under the IECS as the Chief of the Division of Fire and Rescue Operations. Under the direction of the Fire Chief, he/she serves as the highest- ranking volunteer officer in the County, and coordinates the operations and administration of volunteer personnel and the local fire and rescue departments. h. Duty Operations Chief. On-duty operational chief(s) in the County, designated by the Division Chief of Fire and Rescue Operations as the on-duty operations chief for a scheduled period of time. This position may be filled by the Fire Chief, a Division Chief, an Assistant Chief, an LFRD Chief, or any other certified chief officer designated by the Fire Chief. i. Emergency Medical Service (EMS) Provider. A volunteer member of MCFRS who is certified to provide only emergency medical services. j. Fire Chief. The Fire Chief is appointed by the County Executive under Section 21-3 of the County Code, and serves as the Director of the Montgomery County Fire and Rescue Service. k. First Due Area. A fire station’s first due area is defined by its first due engine area; the two Rescue Squads’ first due area is defined by their first due ambulance area. l. Incident. An event that requires the Emergency Communications Center to dispatch, or acknowledge the response of, a firefighting, rescue, or EMS unit. m. Incident Commander (IC). The officer on the scene who is in-charge of an incident, and is responsible for making the strategic decisions and assigning the other primary supervisory functional positions necessary to control an incident. The IC must handle any function or responsibility appropriate to a given incident that he/she has not delegated to another command officer. n. Local Fire and Rescue Department (LFRD). An individual fire or rescue squad corporation authorized under Section 21-5 of the County Code to provide fire and rescue services. o. Local Fire and Rescue Department Fire/Rescue Chief (LFRD Chief). The senior operational chief officer of an LFRD, as established in the IECS chain of command. p. Montgomery County Fire and Rescue Service (MCFRS). A department of County government, and a public-private partnership as well, consisting of a Division of Volunteer Services, a Division of Fire and Rescue Operations, and other divisions necessary for effective management and administration, as defined in County Code Section 21. q. Operational. Activities involved in the planning and preparation for, and control of, any firefighting, rescue, emergency medical service, hazardous materials, disaster mitigation, special operations, or other emergency incident. r. Provisional Period/Status. Status of an individual who is rated medically unacceptable by FROMS, or who is on leave of absence from MCFRS, or has failed to recertify in his/her current MCFRS rank. These individuals must not participate in IECS activities, except as approved by the Fire Chief. s. Primary Unit. Staffed apparatus including engines, ladder trucks, towers, quints, rescue squads, and rescue engines. t. Rostered Chief Officer. A Certified Chief Officer designated by the Chief of the Division of Fire and Rescue Operations as the on-duty chief officer for any battalion, for a scheduled period of time. u. Standardized Incident Management System. The organizational structure protocol implementing standards under which an Incident Commander must provide communication, coordination, accountability, and effective action to respond to an emergency, as defined in County Code Section 21-1(c). a. Integrated Emergency Command Structure Established. The integrated Emergency Command Structure (IECS) is hereby established in accordance with Section 21-8 of the County Code. The IECS includes an operational chain of command that integrates all fire and rescue service personnel into the County’s Standardized Incident Management System. b. Operational Chain of Command Established. The operational chain of command is established as follows: Fire Chief Division Chief Duty Operations Chief An LFRD Chief/Merit System Assistant Chief Rostered Chief Officer All other Certified Chief Officers Fire/Rescue Captain/EMS Provider Captain Fire/Rescue Lieutenant/EMS Provider Lieutenant Master Firefighter/Rescuer or EMS Master Provider Firefighter/Rescuer III or EMS Provider III Firefighter/Rescuer II or EMS Provider II Firefighter/Rescuer I or EMS Provider I Firefighter/Rescuer Candidate/Recruit or EMS Provider Candidate/Recruit 1. All personnel must be appointed, promoted, or elected by the LFRD, or appointed by the County Executive, or promoted by the Fire Chief, and certified by the Fire Chief or designee to participate at any level in the IECS chain of command. 2. An EMS Provider unit officer may act as an Incident Commander only if another unit officer is not on the scene of an incident. 3. The first arriving fire and rescue personnel on the scene of an incident must establish Command of the incident until Command is transferred to another on-scene officer, or the incident is stabilized and Command is terminated. The higher-ranking officer’s arrival on the scene does not automatically relieve the lower-ranking officer of incident Command. 4. The first arriving Certified Chief Officer must assume Command of an incident involving five or more units. All other responding Certified Chief Officers must report to the command post and will support the Incident Commander by assuming assignments made by the Incident Commander. Transfer or assumption of Command by a higher- ranking officer should be made only to improve the quality, safety, and effectiveness of the command organization. The highest-ranking Certified Chief Officer should assume a position in the command structure that allows for oversight, support, and evaluation of the Command process, and the seamless assumption of Command when deemed appropriate. This assumption of Command must comply with the Command Structure Response Authority, illustrated in 21.03.01.05.d.4., below. The arrival of a higher ranking Certified Chief Officer on the incident scene does not mean Command is transferred automatically to that officer. a. Certification Process. The Fire Chief is the IECS certification authority. In accordance with this Executive Regulation, the Fire Chief certifies as eligible to participate in the IECS at a specific rank, individuals who meet the MCFRS certification standards for training, experience, and performance requirements. b. IECS Certified List. The Fire Chief or designee will provide to the MCFRS a current list of IECS-certified personnel. c. Rank Structure. The LFRDs may appoint, elect, or promote IECS-qualified LFRD personnel. The Fire Chief may also appoint or promote IECS-qualified individuals. The LFRD Chiefs must continually keep the Fire Chief apprised of any changes in their rank structures by submitting notice to the Fire Chief within 7 calendar days of any IECS status change. The Fire Chief must act on a request for certification within 14 calendar days after its receipt. Personnel above the rank of Firefighter/Rescuer I/EMS Provider can participate in the IECS above their certified rank not longer than 21 calendar days while awaiting certification by the Fire Chief. The Fire Chief or designee will amend the IECS certification list as personnel changes occur. d. Certified Chief Officer Availability System. This system ensures that: MCFRS Certified Chief Officers are available for response to emergency incidents occurring in all areas of the County; MCFRS provides a unified County-wide perspective regarding emergency responder training and staffing, and apparatus status and availability; responsive and pro-active outreach efforts and education are provided to all communities throughout the County; expedient management of safety and emergent issues are provided to all MCFRS personnel; and equitable and expeditious service is provided to all of the County’s citizens. 1. Division Chief of Fire and Rescue Operations Responsibilities. The Division Chief of Fire and Rescue Operations must ensure adequate Certified Chief Officer duty coverage by deploying LFRD and County Chief Officers effectively at all times. A. Desired on-duty coverage is two County-wide Duty Operations Chiefs and two Rostered Chief Officers for each Battalion at all times. B. Minimum certified chief officer duty coverage is one County-wide Duty Operations Chief and one Rostered Chief Officer for each Battalion, whenever possible. C. LFRDs will provide one County-wide Duty Operations Chief and one Rostered Chief Officer for each Battalion, whenever possible. D. The Division Chief of Fire and Rescue Operations will assign one County Duty Operations Chief and one County Battalion Chief for each Battalion at all times. 2. LFRD Chief Responsibilities. Each month, each LFRD Chief must submit a list of Certified Chief Officers who are available to serve as Duty Battalion Chief and Duty Operations Chief, with the dates and times they are available, to the Division Chief of Fire and Rescue Operations. 3. Dispatch of Certified Chief Officers. Certified Chief Officers must be dispatched on incidents, as required by the response plans established by the Fire Chief. The Emergency Communications Center (ECC) will ensure the availability of a system to notify the LFRD Chief Officer of all incidents occurring in his/her first due area. 4. Response of Certified Chief Officers. Dispatched Certified Chief Officers must respond to any incident, subject to procedures developed by the Fire Chief. Additional Certified Chief Officers may respond, based on their proximity to the incident, and after notifying ECC of their current location. A Certified Chief Officer may serve as a unit officer, if qualified on that specific unit. That Chief Officer may not serve simultaneously as both a unit officer, and as a LFRD on-duty chief officer. The command structure response authority for Certified Chief Officers is illustrated below. COMMAND STRUCTURE RESPONSE AUTHORITY Fire Chief Division Chief Duty Operations Chief(s) Certified LFRD Chief(s) and Merit System Assistant Chief(s) Rostered Certified Chief Officer(s) All other Certified Chief Officers e. Primary Unit Officer. A Primary Unit should have a Certified Primary Unit Officer on the unit at all times. However, if a Primary Unit responds without a Certified Primary Unit Officer, the unit must notify the ECC that it is responding understaffed. f. Removal from IECS. The Fire Chief may revoke the IECS certification or otherwise remove any individual fro IECS for cause. An individual’s lack of fitness for duty or loss of required certifications are examples of circumstances that may constitute cause for removal under this section. The Fire Chief may place an individual who is removed from the IECS in Provisional Status, subject to the requirements in COMCOR 21.02.15, Certification for Training, Experience, and Credentialing Requirements. Removal from the IECS or revocation of IECS certification for failure to meet the requirements in COMCOR 21.02.15 is not disciplinary action. The Fire Chief regularly must review this Integrated Emergency Command Structure Executive Regulation, and amend it as necessary. If a court of final appeal holds that any part of this Executive Regulation is invalid, that ruling does not affect the validity of other parts of the Regulation. The Fire Chief is the enforcement authority for all MCFRS policies and regulations. This regulation is effective on the date the County Council adopts a resolution approving it. [Dec. 6, 2005]

a. In collecting the emergency medical services reimbursement authorized under Code Section 21-23A, the Fire Chief must comply with all applicable provisions of 42 CFR parts 410 and 414, Fee Schedule for Payment of Ambulance Services and Revisions to the Physician Certification Requirements for Coverage of Non- emergency Ambulance Services. b. The Fire Chief must impose the emergency medical services reimbursement according to the following schedule: i. $20.00 per mile, one way, from point of pick up to the health care facility; plus ii. • Basic Life Support - Non-Emergency* $700.00 • Basic Life Support - Emergency* $750.00 • Advanced Life Support - Level 1 - Non-Emergency* $850.00 • Advanced Life Support - Level 1 - Emergency* $900.00 • Advanced Life Support - Level 2* $1,200.00 • Specialty Care Transport* $1,500.00 • Mobile Integrated Health Visit $150.00 * The terms in the schedule are as defined in 42 CFR Parts 410 and 414. a. If required by the Fire Chief, each individual who receives emergency medical services must furnish to the County, or its designated agent: (i) information pertaining to the individual’s health insurer (or other applicable insurer); and (ii) financial information that the Fire Chief determines is necessary for determination of granting a waiver of the reimbursement. b. Each insured individual who receives emergency medical services must execute an assignment of benefits necessary to permit the County to submit a claim for the reimbursement to the applicable third-party payor. If a court of final appeal holds that any part of this regulation is invalid, that ruling does not alter the validity of other parts of the regulation. This regulation is effective on the date that the Council approves this regulation under Section 2A-15(f).

These regulations augment existing state and federal Community Right-to Know reporting and emergency planning requirements set out in Sec 6-501, et. seq., and Sec. 7-101, et seq., of the Environment Article of the Annotated Code of Maryland (1987 volume as amended), and Subtitle 5, Sec. 22-501, et. seq., of the Health-General Volume of the Annotated Code of Maryland (1990 Replacement volume as amended), and Sections 301-304, 311 and 312 of the federal Superfund Amendments and Reauthorization Act of 1986, also known as the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). Pub. L. 99-499, 100 Stat. 1613 (1986). These regulations require all facilities using, processing, transferring, storing, or manufacturing hazardous substances that exceed a minimum threshold level to report these substances and their locations, develop contingency plans in the event of accidental release, and provide these plans to the Office of Emergency Management and Homeland Security on behalf of the Local Emergency Planning Council. Revisions to this Regulation may be made using Method 2, in accordance with Chapter 22 of the Montgomery County Fire Code. (a) Corporate responsible officer. 1 The term “corporate responsible officer” means that individual of a regulated facility who is responsible for ensuring compliance with the applicable federal, state, and local hazardous or toxic substance control laws and regulations including reporting requirements. (b) EPCRA. Title III of the Superfund Amendments and Reauthorization Act of 1986, also known as the Emergency Planning and Community Right-to-Know Act of 1986. (c) Extremely Hazardous Substances. The term “extremely hazardous substance” means any substance listed in Appendices A and B of Title 40 of the Code of Federal Regulations, Part 355 (40 CFR 355), Emergency Planning and Notification, as published in the U.S. Environmental Protection Agency "Title III List of Lists, Consolidated List of Chemicals Subject to Reporting Under the Emergency Planning and Community Right-to-Know Act, as amended. (d) Facility. 2 The term “facility” includes, but is not limited to: (1) Any single industrial, commercial, educational, recreational 3 , agricultural, research, or institutional occupancy; (2) Located within a contiguous boundary; or (3) Confined to a single detached structure. (e) Facility Emergency Coordinator. The term “facility emergency coordinator” (FEC) means a designated employee of a regulated facility who is responsible for maintaining a working knowledge of the site, building, and chemicals or hazardous substances stored on site, is the primary contact for emergency services, including Fire Departments and Police, and the Office of Emergency Management and Homeland Security during emergency communications with the facility, is responsible for ensuring compliance with applicable federal, state, and local hazardous or toxic substance control laws and regulations, and is subject to in personam service of process within the State of Maryland. (f) Fire Administrator. The non-uniformed department head of the Montgomery County Fire and Rescue Service. (g) General Use Facility. The term “General Use Facility” includes any facility which uses, processes, stores, transfers or manufactures one or more extremely hazardous substances or hazardous substances, in quantities set out in this regulation, as to generally pose a risk of injury to emergency responders or the surrounding community. (h) Hazardous inventory. The term “hazardous inventory” means the quantity of hazardous substances or extremely hazardous substances used, processed, transferred, stored, or manufactured and present at any time in a facility. (i) Hazardous substances. 4 The term “hazardous substance” means: (1) Any substance that: (A) conveys toxic or lethal effects, or may otherwise injure human, plant, animal, or aquatic life, or persists in the environment. (B) is capable of causing cancer (carcinogen), chromosomal alterations (mutagen), fetal abnormality (teratogen), or allergic reaction (allergen or sensitizer); or (C) any matter that is designated as an explosive material; radioactive material; etiological agent 5 ; flammable gas, liquid or solid; combustible liquid or solid; compressed gas; or cryogenic 6 liquid or solid; and (2) Includes any matter identified as a hazardous waste by the United States Environmental Protection Agency or Maryland State Department of the Environment (excluding waste motor oil). (3) Includes any matter identified as a hazardous substance under Article 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. (4) Includes any substance defined as a toxic material in Subpart Z of the U.S. Occupational Safety and Health Administration regulations published in 29 CFR 1910, “General Industrial Standards”,1970 as amended, or by the Maryland Occupational Safety and Health Administration. (j) High Use Facility. The term “High Use Facility” includes any facility which uses, processes, stores, transfers, or manufactures one or more extremely hazardous substances or hazardous substances as defined in Sec II(i), in quantities set out in this regulation, as to pose significant risk of injury to emergency responders or the surrounding community. (k) LEPC. The Montgomery County Local Emergency Planning Council for Hazardous Materials. (1) Light Use Facility. The term “Light Use Facility” includes any facility which uses, processes, stores, transfers or manufactures one more hazardous substances, in quantities set out in this regulation, as to pose a recognized limited risk of injury to emergency responders or the surrounding community. (m) OEMHS Manager. The non-uniformed department head of the Montgomery County Office of Emergency Management and Homeland Security. (n) SARA Facility. The term “SARA facility” means any facility which is subject to the emergency planning and reporting requirements of the federal Superfund Amendments and Reauthorization Act of 1986, also known as the Emergency Planning and Community Right-to-Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499). (o) Threshold Planning Quantity (TPQ). The term “Threshold Planning Quantity” means that quantity of a hazardous substance which subjects the facility to the reporting requirements of the Superfund Amendments and Reauthorization Act of 1986. (Pub. L. 99-499). The extremely hazardous substances and their TPQs are listed in 40 CFR § 355, Appendices A and B. The following schedule of reporting and planning requirements is hereby adopted, pursuant to the authority contained in Chapter 22, Montgomery County Fire Safety Code, of the Montgomery County Code, 1984, as amended. (a) Registration. Regardless of exemption from federal reporting requirements under the federal EPCRA, the occupant of any facility which uses, processes, transfers, stores, or manufactures one or more hazardous substances and falls within one of the facility classifications below must annually register the facility with the Office of Emergency Management and Homeland Security. (1) The Corporate Responsible Officer must register a regulated facility within 30 days of: (A) meeting the registration requirement, regardless of facility classification; or (B) any change in hazardous inventory which upgrades facility classification. (2) The Corporate Responsible officer of a regulated facility must notify the Office of Emergency Management and Homeland Security within 90 days of any significant change in hazardous inventory which downgrades a facility classification. (3) Facility registration is current for one year from the date of registration with the Office of Emergency Management and Homeland Security. However, if under 22.00.01.03(e)(4), the Office of Emergency Management and Homeland Security adjusts the annual registration date, facility registration will remain current until the assigned registration date. (4) New facilities must register with the Office of Emergency Management and Homeland Security within 30 days from the date of issue of their occupancy certificate. (5) The certificate of registration issued by the Administrator must be conspicuously displayed at the regulated facility. (b) Classification of facilities. For the purpose of this regulation, all facilities which use, process, transfer, store, or manufacture hazardous substances or extremely hazardous substances are classified according to the following criteria: (1) SARA Facility. Any facility subject to the reporting and planning requirements of EPCRA. (2) High Use Facility. Any facility that has a hazardous inventory at any time during the year: (A) Equal to or greater than 2000 pounds or 220 7 gallons aggregate quantity of hazardous substances, but less than the reporting requirements of EPCRA; or (B) Equal to or greater than 10 pounds, of any single extremely hazardous substance as published in 40 CFR § 355 (but less than the TPQ for reporting as a SARA facility); or (C) That includes Uninterruptible Power Supply (UPS) systems equal to or greater than 10 pounds, of any single extremely hazardous substance as published in 40 CFR § 355 (but less than the TPQ for reporting as a SARA facility) which utilizes Flooded Lead Acid Batteries. See Section III(b)(3)(E) for UPS systems utilizing Valve Regulated Lead Acid (VRLA) batteries where the electrolyte is suspended in either a gel or a fiberglass mat. (3) General Use Facility. Any facility that has a hazardous inventory at any time during the year: (A) Less than 2000 pounds or 220 gallons aggregate quantity of hazardous substances, but equal to or greater than 500 pounds or 55 gallons aggregate; or (B) Greater than 2 pounds and less than 10 pounds (but less than the TPQ for reporting as a SARA facility) of any single extremely hazardous substance as published in 40 CFR § 355; or (C) That Includes Uninterruptible Power Supply systems equal to or greater than 10 pounds, of any single extremely hazardous substance as published in 40 CFR § 355 (but less than the TPQ for reporting as a SARA facility) which utilizes Valve Regulated Lead Acid (VRLA) batteries where the electrolyte must be suspended in either a gel or a fiberglass-mat. See Section III(b)(2)(C) for UPS systems utilizing Flooded Lead Acid Batteries. A General Use Facility also includes: (D) Facilities dispensing fuels to the general public from underground tanks, without vehicle servicing or repair capabilities are classified as General Use. Permanent above ground storage tanks installed in accordance with NFPA 30, “Flammable and Combustible Liquids Code”, and approved by the Assistant State Fire Marshal for Montgomery County, are classified as General Use. (E) Laboratories, including but not limited to medical, school, research, and commercial facilities, under the direct supervision of a technically qualified individual, regardless of inventory requirements as stated elsewhere in this regulation, are classified as General Use, where inventory of: (1) any single hazardous substance is equal to or greater than 5 pounds or 1 gallon, or (2) any single extremely hazardous substance, as published in 40 CFR § 355, is greater than 1 pound. (4) Light Use Facility. Any facility which has a hazardous inventory at any time during the year: (A) Equal to or greater than 50 pounds or 5 gallons aggregate quantity of hazardous substances but less than the reporting threshold of a General Use Facility, or (B) Equal to or greater than 1 pound, and less than 2 pounds of any single extremely hazardous substance as published in 40 CFR § 355 (but less than the TPQ for reporting as a SARA facility). A Light Use Facility also includes: (C) Laboratories, including but not limited to medical, school, research, and commercial facilities, under the direct supervision of a technically qualified individual, are classified as Light Use, where any single extremely hazardous substance, as published in 40 CFR § 355, does not exceed 1 pound. (5) Exempt Facility: The following facilities or substances are exempt for the purposes of this regulation: (A) Privately held farms as defined as follows: a tract of land, with or without associated buildings, that is devoted to agriculture, i.e., is, the science or art of cultivating and managing the soil, growing and harvesting crops and other plants, forestry, horticulture, hydroponics, breeding or raising livestock, poultry, fish, game, and fur-bearing animals, dairying, beekeeping, and similar activities, but does not include cooperatives, nurseries, agricultural supply houses, and like commercial establishments. (B) Any facility storing any prepackaged substance to the extent it is used in routine agriculture or any fertilizer prepackaged for household use and held for sale by a retailer to the ultimate consumer. (C) Private domiciles 10 . (D) Any facility owned, leased, or in space within a facility controlled by the federal government or the State of Maryland. For the safety and welfare of emergency response personnel, it is highly recommended that exempt governmental facilities be encouraged to voluntarily provide the requested information, where security is not at issue. (E) Any substance that is a food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA). With regard to food additives, a chemical is a food additive only when in use as a food additive, and not when it is stored or used for other purposes, or is being sold to another business for use as a food additive. (F) Any substance present as a solid in any manufactured item to the extent exposure to that substance does not occur under normal conditions of use. (G) Any substance to the extent it is used for normal personal, family, or household purposes, or is present in the same container and concentration and is labeled as a product for distribution and use for personal, family, or household purposes. (c) Information requirements. The Corporate Responsible Officer is required to provide to the Office of Emergency Management and Homeland Security, on behalf of the LEPC, the following information at the time of registration, unless otherwise specified in this regulation: (1) Business or corporation name. The legal corporate title of the regulated facility, the common name of the business, the name of the owner, and the employer identification number (federal tax number). (2) Facility address. The actual address at which the regulated facility is located, including street numbers, street name, nearest cross-street, city, and zip code. (3) Corporate responsible officer (CRO). The CRO is the primary contact for the Office of Emergency Management and Homeland Security during non- emergency communications with the facility. A contact address, if different from the facility address, daytime telephone number, evening telephone number, and official company title must be provided. The person appointed CRO must be clearly identified. Any change in the CRO must be forwarded to the Office of Emergency Management and Homeland Security within 30 days of the change. (4) Facility Emergency Coordinator (FEC). The FEC is the primary contact for the Office of Emergency Management and Homeland Security during emergency communications with the facility. A contact address within the state, if different from the facility address, daytime telephone number, evening telephone number, and official company title must be provided. The person appointed FEC must be clearly identified. Any change in the FEC must be forwarded to the Office of Emergency Management and Homeland Security within 30 days of the change. (5) Twenty-four hour emergency telephone number. This emergency phone number must provide direct contact on a 24 hour basis with the Facility Emergency Coordinator or designee with specific knowledge of the hazards present. (6) Hazardous Substances Inventory 9 . The listing and designation of quantities of hazardous substances must be arranged alphabetically by product name or chemical name in accordance with the requirements of 22.00.01.03(b). Where a product name does not exist, the substance must be listed by generic name 10 . (7) Hazardous substance data location. The location of Material Safety Data Sheets (MSDS) or hazardous waste manifests within the facility must be provided. MSDS and hazardous waste disposal records must be kept in a location clearly identified, and easily accessible to emergency service personnel and employees. (8) Emergency notifications. The Facility Emergency Coordinator must certify that the applicant has an emergency notification plan for employees, other occupants of the building, and the adjacent community, if an accidental release or spill occurs 11 . (9) SIC. The Standard Industrial Code assigned by the United States Chamber of Commerce. (10) Number of Employees. Number of full-time employees for the purpose of reporting under EPCRA. (d) Supplemental requirements. Only those facilities classified as General Use Facilities, High Use Facilities, or SARA Facilities are required to submit supplemental information and diagrams under this section of the regulation. Filing requirements of this section of the regulation are intended to meet the reporting requirements for EPCRA facilities under federal regulations. (1) Hazardous substance location. The room or specific location within the building or on the grounds must be identified along with the quantity of hazardous substances and extremely hazardous substances. (A) For the purposes of this section, the most recently submitted Tier II reporting forms are acceptable. However, for each substance listed, a notation indicating the type and size of a typical container must be provided. (B) If Tier II forms are not used to fulfill the requirements of this section, then an alphabetical listing of substances by product name or chemical name must be provided and include the chemical abstract service number, physical and health hazards, inventory amount, storage location, and typical container type and size. (2) Facility diagram. An accurate, clear and legible facility diagram must be provided in 8 ½ inch by 11 inch format. Where necessary to maintain clarity, the diagram may be broken out onto several pages. The scale of the diagram must be provided. The diagram must indicate, at a minimum: (A) The location of substances by name or storage code; (B) Access and egress points; (C) Automatic fire alarm and extinguishing systems, fire protection systems, or other control system locations and control rooms; (D) Unusual facility hazards; and (E) Immediate facility exposures (adjacent properties). (3) A facility may request a waiver of part, or all of the supplemental information requirements. The applicant must justify the need because of special security or safety requirements. The request for a waiver must be submitted in writing to OEMHS Manager. The request must include documentation on how this information would be made available to authorized County officials and emergency response personnel in both emergency and non-emergency situations. (e) Application submittal and review. (1) Application with accompanying appropriate fee must be submitted to the Office of Emergency Management and Homeland Security at the time of registration. Thereafter, application and appropriate fee must be submitted: (A) Annually; (B) As assigned; or (C) With any change in hazardous inventory which would change the facility classification. (2) The Office of Emergency Management and Homeland Security must review and give timely notice to the submitting facility of application acceptance, or request revision or clarification. (A) Applications which are returned to the submitting facility must be accompanied by a statement indicating revisions or clarifications needed. (B) Applications returned to a facility for revision or clarification must be resubmitted to the Office of Emergency Management and Homeland Security within 30 days of receipt by the facility. (3) The time period for submitting an application under this regulation may be extended for cause at the discretion of the OEMHS Manager. Requests for an extension must be: (A) Made on company letterhead or, where no letterhead exists, must be notarized by a certified notary public; (B) Signed by the CRO; and (C) Received in the Office of Emergency Management and Homeland Security no later than 14 days prior to the time for application submittal. (D) If the extension is denied, the OEMHS Manager must provide written explanation to the CRO for such denial. (4) The Office of Emergency Management and Homeland Security may schedule annual application submittal dates 12 . (5) Where no significant changes in inventory or facility have occurred, a facility may meet annual application submittal requirements by certifying that the existing information on the renewal application is correct and accurate and that there are no changes, signing and dating where indicated, and submitting the appropriate fee. The following schedule and accompanying fees is hereby adopted, pursuant to the authority contained in Chapter 22, Montgomery County Fire Safety Code, of the Montgomery County Code, 1984 as amended. Fees included are for program administration, registration, application review, and inspection(s). (a) Basic fees. Fees required by this section must be paid by the Corporate Responsible Officer on behalf of the regulated facility at the time of facility registration. (1) Light Use Facility. (A) Initial registration fee $ 175.00 (B) Annual registration fee $ 100.00 (C) Seasonal pools annual registration $ 50.00 (open less than 120 consecutive days) (D) Pools (open 120 days or more per year) $ 100.00 (2) General Use Facility. (A) Initial registration fee $ 400.00 (B) Annual registration fee $ 250.00 (C) Seasonal pools annual registration $ 115.00 (open less than 120 consecutive days) (D) Pools (open 120 days or more per year) $ 250.00 (3) High Use Facility. (A) Initial registration fee $ 800.00 (B) Annual registration fee $ 400.00 (C) Seasonal pools annual registration $ 185.00 (open less than 120 consecutive days) (D) Pools (open 120 days or more per year) $ 400.00 (4) SARA Facility. (A) Initial registration fee $1,500.00 (B) Annual registration fee $1,000.00 (C) Seasonal pools annual registration $ 225.00 (open less than 120 consecutive days) (D) Pools (open 120 days or more per year) $1,000.00 (b) Miscellaneous fees. Fees required by this section must be paid at the time of service. (1) Application review resubmittals and revision. (A) First resubmittal included in original fee. (B) Each subsequent resubmittal as shown below: Light use facility $ 50.00 General use facility $ 100.00 High use facility $ 150.00 SARA facility $ 200.00 (2) Consultation Fee: The fee for an appointment with the Hazmat Permitting Program Specialist is $100 per hour. This fee will not be broken into hourly increments. The number of minutes will round up to the next highest hour for fee. For example 15 minutes will be charged a 1 hour fee ($100.00) and 1 hour and 5 minutes will be charged a 2 hour fee ($200.00). (3) Extensions. The fee for a granted extension is $50.00 if submitted within 30 days of the due date. Each additional month is an additional $25.00, up to a maximum of the initial fee, per registration year. Fees must accompany the request. Fees for a granted extension are not refundable and are not considered as partial payment of required registration fees. (4) Upgrade in facility classification. When a facility is subject to the requirement of 19A.06.01.03(a)(1)(B), the balance of the initial registration fee for the new facility classification must be paid at the time the facility is registered under the new classification. However, if the upgrade in facility classification occurs within 90 days before the annual registration date, the balance of the initial registration fee for the new classification is waived until the annual registration date. (5) Late Registration. A facility that fails to register as required under Section III(a)(1) or Section III(e)(1) will be subject to a late registration fee in addition to the basic fee, which must be paid at time of registration. (A) 30 days after the required filing date. . . 10% of the original filing fee in addition to the basic fee. (B) 60 days after the required filing date. . . 20% of the original filing fee in addition to the basic fee. (C) 90 days after the required filing date. . . 50% of the original filing fee in addition to the basic fee. (D) 180 days after the required filing date . . . 100% of the original filing fee in addition to the basic fee. (c) Waiver. (1) The OEMHS Manager or the OEMHS Manager’s designee may waive or reduce any fee required under this regulation if: (A) Payment of the fee would cause the applicant undue hardship; or (B) The fee is incurred because of circumstances beyond the applicant’s control (for example, severe weather); or (C) It otherwise would be in the public interest to reduce or waive the fee. (2) The OEMHS Manager’s decision regarding any reduction or waiver of a fee is final. The following rights of entry and penalties are established for the purposes of ensuring community and emergency responder safety, and compliance with this regulation. (a) Right of Entry. Pursuant to the authority contained in Title 40 of the Code of Federal Regulations, Part 370.25(d), and Section 22-7 of the Montgomery County Fire Safety Code, the following persons, after designation by the Fire Administrator, have right of entry to conduct facility familiarization and pre-emergency planning inspections, or compliance inspections, or both. The right of entry is concomitant with registering a facility with the Office of Emergency Management and Homeland Security. (1) The officers and official representatives of the Fire and Rescue Departments. (2) The officers and official representatives of the Montgomery County Hazardous Incident Response Team. (3) The officers and official representatives of the Montgomery County Fire and Rescue Service and Division of Volunteer Fire and Rescue Services. (4) The official representatives of the Montgomery County Department of Environmental Protection. (b) Timing of inspections. A routine inspection conducted under this regulation must be made during normal business hours at the discretion of the inspecting official. However, no advance notice of the inspection is required. (c) Violations and penalties. Pursuant to the authority contained in Sections 1-19 and 1-20 of the Montgomery County Code, the following penalties are established. Each day a violation continues constitutes a separate offense. Violations of this regulation are subject to criminal and/or civil penalties. Violations and penalties contained in this regulation are in addition to any other violations and penalties that may apply under county, state, or federal laws. (1) Registration/Planning/Denial of Entry. Any violation of this regulation is a Class A violation as set out in the Montgomery County Code. Repeat violations or violations of any of the following may result in revocation of the certificate of registration for a period of one year, at the discretion of the Fire Administrator. (A) Failure to register a facility (B) Falsely registering a facility (C) Failure to provide a plan (D) Misstatements or omissions in a plan or application (E) Denying entry to authorized official (d) Right to Hearing (1) Any Corporate Responsible Officer or regulated person aggrieved by a decision of the Fire Administrator or Fire Administrator's designee made under these regulations may appeal to a separate hearing officer appointed by the Administrator, who after hearing upon notice has the authority to affirm, modify or reverse the decision made. (2) A decision of the hearing officer may be appealed to the County Board of Appeals or, to a municipal Board of Appeals. The Appeals Board has the authority to affirm, modify or reverse the decision of the hearing officer. (3) Any appeal from the decision of the Fire Administrator, Fire Administrator's designee or hearing officer must be made within 10 business days of receipt of official notice of the decision. (4) Any decision of the County Board of Appeals or municipal Board of Appeals may be appealed to a court of competent jurisdiction. If a court holds that any part of this regulation is invalid, such invalidity does not affect the remaining sections of this regulation.

In accordance with the procedures authorized in Chapter 22, "Fire Safety Code", of the Montgomery County Code, 1996, this Executive Regulation applies to the design, installation, and maintenance of fire protection systems in buildings or structures. Where there are differences between this regulation and the Montgomery County Building Code, the more restrictive provision(s) will apply. In this regulation the term “Fire Chief” means the Fire Chief of the Montgomery County Fire and Rescue Service and includes the Fire Chief’s designees. All references to the National Fire Codes and standards adopted in these regulations are to those codes, standards, recommended practices, and manuals in the National Fire Codes, published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. Unless otherwise noted, all references to those codes and standards published in the 2003 edition of National Fire Protection Association’s Uniform Fire Code (NFPA 1) are adopted in their entirety. The Fire Chief must review these regulations and propose amendments within six months after the date the State Fire Prevention Commission adopts new amendments to NFPA 1 and NFPA 101 into the State Fire Prevention Code. A permit must be obtained from the Fire Chief to operate any fire protection system in any building or other structure, except one and two family dwellings. (a) Fire protection system means any fire alarm device or system, or suppression device or system, which is designated and installed to: 1. detect, control, or extinguish a fire; 2. alert occupants or the fire department, or both, that a fire has occurred; or 3. be used by fire and rescue personnel on scene to aid in suppressing a fire. (b) Fire protection systems must be inspected and approved at time of installation and annually thereafter. The Fire Chief must issue a permit upon approval of the system. (c) A fire protection systems permit must be obtained prior to installation of any kitchen cooking equipment suppression system. A contractor or person responsible for the installation, modification, service, or third-party inspection of any fire protection system or any portion thereof in Montgomery County, must obtain and carry on their person a license from the Fire Chief subject to the following criteria: (a) Qualifications required. (1) Residential license (13D and 13R sprinkler systems): National Institute for Certification of Engineering Technologies (NICET) Level II Certification, Registered Professional Engineer Certification, or other nationally recognized certification as approved by the Fire Chief. (2) General license (all other fire protection systems): National Institute for Certification of Engineering Technologies (NICET) Level III Certification, Registered Professional Engineer Certification, or other nationally recognized certification as approved by the Fire Chief. (b) When required by the system manufacturer for systems other than sprinkler systems, proof of training for installing or maintaining particular system types. (c) Proof of financial stability. (d) Demonstrated competency in Montgomery County requirements. (e) Licenses will be subject to annual renewal. (f) The Fire Chief may rescind these licenses for cause. All leases must have the following provision: “Sprinkler System. In units equipped with fire sprinkler systems, no portion of the system may be changed or altered except by a licensed, certified sprinkler installer. Sprinkler heads must not be painted, covered, obstructed, or any item hung from them. Prior to any alteration of the sprinkler system or any changes, additions, or removal of partitions, or walls, plans must be submitted to the Department of Permitting Services”. Smoke Control System shop drawing submittals must include: (a) Plans and specifications (b) Engineering calculations and/or computer model (c) Floor plans (d) System diagrams and details (e) Sequence of operations and control layout (f) Preliminary test procedures (g) Acceptance test procedures (h) Pass/fail criteria NFPA 12A, add: Halon systems shall not be installed as required protection in accordance with the state and/or local building or fire codes due to the environmental impact of discharge testing, the lack of adequate alternative test methods, and availability of alternative agents such as carbon dioxide. NFPA 13, paragraph 8.1.1, add new paragraph (7) as follows: (7) Sprinklers are required in attached balconies or porches unless at least 50 percent of the longest exterior side is open to the atmosphere. NFPA 13, paragraph 8.4.5.1, add: Listed residential sprinkler heads must be used in dwelling units except Detention and Correctional occupancies. NFPA 13, paragraph 8.14.7.5, add: Sprinklers are not required under noncombustible or limited exterior canopies over drive up windows. Any canopy with the potential for extended vehicle standing or parking below shall have sprinkler protection on the underside of the canopy. NFPA 13, paragraph 8.14.10.3 (protection of electrical equipment rooms) is deleted. NFPA 13, paragraph 8.14.19.1 is amended as follows: In new installations expected to supply sprinklers below a ceiling and in any speculative areas subject to tenant changes, minimum one inch sprinkler outlets must be provided. NFPA 13, paragraph 8.14.19.2 is amended as follows: after the word “bushings” delete everything and replace with “for hydrostatic testing only, and must be removed prior to the occupancy of the space.” NFPA 13, paragraphs 8.15.1.1.1 and 8.16.1.1, add: When a sprinkler system serves more than one level, each level must be consistently and separately valved by a listed and approved control valve. In addition, where a sprinkler system is required to activate a local building fire alarm system, the sprinkler system must have a separate and distinct water flow detecting device for each floor and zone. Exception 1: In buildings not exceeding three floors and 3000 square feet per floor. Exception 2: Unoccupied and unused attics may be zoned with the level below. Exception 3: Mezzanines not exceeding 3000 square feet in area. Exception 4: Detention and correctional facilities. NFPA 13, paragraph 8.16.2, add the following requirements for fire department connections: (a) Must be located within 100 feet from a free standing (not wall type) hydrant, and between 18 and 48 inches from grade to the centerline of the inlets. (b) Number of 2 ½ in. inlets: System Demand (gpm) No. of Inlets up to 749 2 750-999 3 1000 and above 4 (c) Multiple connections for the same building shall be interconnected. (d) When a section of a building is fed by a connection (i.e., partial systems), permanent all weather identification signs shall be provided on connections. (e) Must be sized at least as large as the main sprinkler system riser pipe or the fire pump discharge line, whichever is larger. NFPA 13, paragraph 11.1, add: Calculations for new systems or new portions of systems must meet the criteria below. (a) Highest hazard and most demanding use allowed by building construction permit or property zoning. (b) Storage use: Available storage height for high storage of a class 4 non-encapsulated material. (c) Laboratory use: ordinary group 2 for class A, B, or C labs. (d) All uses: 20% safety factor. For systems without a pump, this is based on the demand pressure only at the supply point. For systems with a pump, this is based on both the demand pressure and demand flow at the pump discharge. All design options, except grids, must be explored. Exception to safety factor only: Owner occupied buildings may use a lower safety factor if a pump would be necessary to achieve the 20%. NFPA 13, paragraph 11.2.3.5.1, add: The number of design sprinklers shall be at least 5 under ceilings which are not flat, smooth and level unless specifically listed for a four sprinkler design area. NFPA 13, paragraph 15.1.2, add: Pressure and flow availability as determined by a public utility shall be used for new taps. Pressure and flow availability for existing taps shall be determined by an interior flow test. In any case, the supply information shall be corrected for the low hydraulic gradient. Booster pumps and pump/tank supplies shall only be used where it is demonstrated that the public water supply is inadequate. NFPA 13D, paragraph 1.1, add: This standard also applies to Day care homes containing 12 clients or less if located within converted one and two family dwellings or townhouses. NFPA 13D, add new paragraph: 5.1.4 Where a dedicated sprinkler booster pump is provided the following conditions must be met: (1) Pumps shall not sit directly on the floor. (2) Pumps shall be powered from the house electrical service by a nominal 220-240 circuit as required by Montgomery County Electrical Code. (3) Power at the pump shall be supervised passively by motor disconnect within sight that also controls a lighting circuit for other than a stair or pump room. (4) Sprinkler system shall be connected to a bathroom toilet to create a passive purge system. (5) Pump shall be connected to a time delay relay (run timer). NFPA 13D, paragraph 6.1, add: Pressure and flow availability as determined by a public utility must be used and must be adjusted to the low hydraulic gradient. Booster pumps and pump/tank supplies may only be used where it is demonstrated that the public water supply is inadequate as determined by the director of the Department of Permitting Services. NFPA 13D, paragraph 6.2: Add section (5) Well pumps (5) A well pump shall have sufficient capacity and pressure to meet the sprinkler system demand. The stored water capacity of sections 6.1.2 and 6.1.3 shall be permitted to be a combination of the water in the well (including the refill rate) plus the water in the holding tank if such tank can supply the sprinkler system. NFPA 13D, add new paragraph: 6.2.1 Where a water storage tank(s) is provided the following conditions shall be met: (1) Tank shall be provided with an automatic filling valve (float valve or equivalent). (2) A method of seeing the water level in the tank shall be provided without having to open the tank. NFPA 13D, paragraph 6.2 (4), add new sentence: “A valve must be provided for routine testing of the pump.” NFPA 13D, 7.1.2, delete “the” in the beginning and add “fed by a tank” after piping. NFPA 13D, section 7.5.5.1, add: Where possible to maintain listed coverage, sprinkler heads shall be positioned so as to eliminate the need to install sprinkler heads of a higher temperature rating. NFPA 13D, paragraph 7.5.5, add new paragraph 7.5.5.4: 7.5.5.4 Dry type sprinklers shall be used in areas which are not heated to at least 40 degrees F. NFPA 13D, paragraph 8.1.2, add: The number of design sprinklers shall be at least three under ceilings which are not flat, smooth, and level, unless specifically listed with a two sprinkler design area. NFPA 13D, paragraph 8.2.4 is amended as follows: Obstructions: (a) Sprinklers shall be positioned so that response time and discharge are not adversely affected by features such as sloped ceilings, beams, lights, and fan motors. (b) Unprotected bulkheads or soffits behind the spray of sidewall sprinklers shall not exceed 8 inches in width. (c) Sprinkler heads in closets shall not be located directly above shelves. NFPA 13D, paragraph 8., add: All calculations shall include at least a 10% safety factor to account for minor field changes, unless a booster pump is necessary to obtain this safety factor. NFPA 13D, paragraph 8.6.4, add the following after garages: “...unless located partially or wholly beneath living space.” NFPA 13R, paragraph 6.5.3, add: Pressure and volume availability as determined by a public utility shall be used and shall be adjusted to the low hydraulic gradient. Booster pumps and pump/tank supplies may only be used where it is demonstrated that the public water supply is inadequate. NFPA 13R, paragraph 6.6.4.1 is replaced to read: In all apartment buildings, a single 2 ½ in. fire department connection with a feed line sized at least as large as the main system riser shall be provided when the system has 20 or more sprinklers. The fire department connection shall be located on a street front and be 18 to 48 inches from the centerline of the inlet to finish grade. Paragraph 6.6.4.2 is deleted. NFPA 13R, paragraph 6.7.1.2, add: The number of design sprinklers shall be at least five under ceilings which are not flat, smooth and level unless specifically listed with a four sprinkler design area. NFPA 13R, paragraph 6.7.1.5.3 is amended as follows: Obstructions: (a) Sprinklers shall be positioned so that response time and discharge are not adversely affected by features such as sloped ceilings, beams, lights, and fan motors. (b) Unprotected bulkheads or soffits behind the spray of side wall sprinklers shall not exceed 8 inches in width. (c) Sprinkler heads in closets must not be located directly above shelves. NFPA 13R, paragraph 6.7.4, add: All calculations must include at least a 10% safety factor to account for minor field changes, unless a booster pump is necessary to obtain this safety factor. NFPA 14, paragraph 4.7.2 is amended as follows: Each fire hose valve shall be provided with 2 ½ in. valved hose connections, 2 ½ in. to 1 ½ in. reducers, caps, and chains. NFPA 14, paragraph 5.1.2, add: (1) Systems shall be automatic wet type. (2) Standpipe systems in unheated areas shall be automatic dry type. (3) Standpipe systems in detached open parking garages may be the manual dry type, if the piping is air supervised for breaks or open valves. (4) Occupant use hose is prohibited in new or existing buildings. (5) New standpipe systems shall be Class 1 only. NFPA 14, paragraph 6.3 (Fire Department Connections), add: (1) Shall be located within 100 feet from a free standing (not wall type) hydrant. (2) Number of 2 ½ in. inlets: System Demand (gpm) No. of Inlets up to 749 2 750-999 3 1,000 and above 4 (3) Multiple connections on the same building shall be interconnected. (4) When a section of a building is fed by a connection (i.e., partial systems), permanent all weather identification signs shall be provided on connections. NFPA 14, paragraph 7.3.2.3, add: (1) Measurement shall be parallel or at right angles to walls. (2) Supplemental hose valves outside the stairs shall not be located within tenant spaces, unless hose reach requirements cannot be met by placement of valves in public corridors or by use of wall hydrants for spaces opening to the exterior. Hose valve locations shall be marked by the placement of signs, the striping of columns, or other approved methods. NFPA 14, paragraph 7.8.1.1, add exceptions: Exception No. 1: In high-rise buildings, where booster pumps are necessary to produce the required residual pressures, pumps and piping systems must be sized to provide for the demand of the hydraulically most remote hose station, or the sprinkler system demand, whichever is greater. The standpipe system must also be sized to provide the required flow and pressure for all hose stations required to be flowing, when supplied by 150 psi at 1000 gpm at the fire department connection(s). Two sets of calculations will, therefore, be required under this exception. Exception No. 2: Systems in buildings that are not high rise, and dry systems with no automatic water supply, may be sized to obtain the required flows and pressures, when supplied by 150 psi at 1000 gpm at the fire department connection(s). Exception No. 3: In existing buildings, after shell occupancy, hose valves added to correct reach violations created by tenant modifications may be supplied by 3 inch pipe without recalculation. NFPA 20, paragraph 5.14.6.4, add a new sentence: Eccentric reducers must be installed with the flat side on the bottom when fed directly from above. NFPA 20, paragraph 5.18.1.2, add: A relief valve may be installed to reduce operating pressure below 175 psi at high gradient. NFPA 20, paragraph 5.18.7 is amended entirely to state: Relief valves shall not be piped back into the source of the supply. NFPA 72, paragraph 4.4.6.1, add the following sentence: An annunciator with the following features is required when the building is greater than one story, over 20,000 square feet in area per floor, or has more than one type of alarm initiating device. Exception No. 1: Apartments protected by a 13R sprinkler system. Exception No. 2: Any building not exceeding two stories above grade and 3,000 square feet per floor. (a) Annunciator shall have a visible signal for each different floor, zone, and device type. Supervised computer screen or printer type annunciators may be used to meet this requirement if the zone identification is approved by the Fire Chief. (b) Zones shall not exceed a single floor, 20,000 square feet, or 300 linear feet. Sprinkler systems may be zoned in accordance with the applicable sprinkler standard. (c) If two or more zones per floor are required, a graphic outline on or adjacent to the annunciator shall be provided showing the building outline, zone boundaries, "you are here" notation, north compass arrow, all stairways, stairway identification numbers, all standpipe risers, elevators, and the building address. (d) A lamp type annunciator shall have a lamp test switch unless the annunciator circuits are supervised. (e) The annunciator shall be located at, and visible from, the main fire department entrance. (f) If two or more buildings are controlled by one alarm system, an annunciator shall be installed in each building with a pilot lamp indicating the building of alarm origination. NFPA 72, add new paragraph 5.7.3.2.5: 5.7.3.2.5 Detectors which activate required extinguishing systems on a cross-zoned or multiple-zone basis shall be spaced at a maximum of one-half of their allowed or listed square footage spacing. NFPA 72, paragraph 5.7.4.2.2, add: Activation of duct smoke detectors must sound an audible alarm in a normally occupied area or through the building fire alarm system, and must be identified as duct detector trouble. If connected to the building alarm, the signal must be supervisory only and must not initiate the building evacuation alarm unless a confirmation or verification feature is provided to minimize unwanted alarms. NFPA 72, paragraph 5.7.1.7 is amended as follows: Detectors located at the top of shafts and stairs must be on a supervisory circuit only unless a confirmation or verification feature is provided to minimize unwanted alarms. The location must be identified at the annunciator or fire alarm control panel. NFPA 72, paragraph 5.10.2, add: Standpipe or main water flow indicators, if provided, must sound a supervisory signal only. NFPA 72, the second sentence under paragraph 5.12.4 is changed to read "The center of each station must be between 42 and 48 inches above the floor level." Also, this paragraph shall be amended by the addition of the following: Approved "911" instruction signs shall be permanently affixed and maintained at each manual fire alarm station, unless the fire alarm is monitored by a UL listed central station. NFPA 72, paragraph 6.9.9.14 is amended as follows: At least six handsets shall be provided in the fire control room. NFPA 72, paragraphs 11.5.1.1, 11.5.2.1, and 11.5.4.1: delete the exception for each section. NFPA 72, paragraph 11.5.6.1 (4) is deleted. NFPA 72, paragraph 11.5.8.1 (2), delete the exception. NFPA 72, paragraph 11.5.12.1 (2), delete the exception. NFPA 72, paragraph 11.8.3.5, add new paragraphs (10) and (11): (10) Separate entrances to sleeping rooms shall be protected separately unless the door leads only to a bathroom or clothes/linen closet. (11) Enclosed rooms such as dens, libraries, studies, or sitting rooms which could be used as a temporary sleeping area shall be treated as bedrooms.

The following fire prevention maintenance inspections, permits and license fees are adopted pursuant to the authority contained in Chapter 22, Fire Safety Code, of the Montgomery County Code as amended. Fees are for inspections, permits, licenses, and code modifications as specified in the Fire Safety Code and regulations adopted by Montgomery County, Department of Permitting Services. The following provisions apply to all types of permits, licenses and certificates: a. Display. All required permits and certificates must be readily accessible upon request when not displayed. b. Fee Payment. All fees required by this regulation must be paid before the issuance of the permit, license, certificate, or code modification. c. Government Activities. All activities of municipal, county, and state government requiring a permit, license, certificate, exception, inspection or testing must conform to the Maryland State Fire Prevention Code and Montgomery County Fire Safety Code and will be charged the applicable fees except where specifically exempted by law. Applicable fees will be charged to the permit, license, certificate, or exception holder. d. Refund. All fees are non-refundable, except in the case of an administrative error. e. Transfer. Permits and Permit fees are not transferable. a. Fire Code Compliance Permit: A permit to ensure that any business, school, multi-family residential building, health care facility, place of worship, and other commercial building complies with the applicable fire safety codes. b. Operational Permit: A Permit to ensure that each active and passive Fire Protection System complies with the applicable fire safety codes in any business, school, multi-family building, health care facility, place of worship, or other commercial building or occupancy. c. General Permit: A permit for particular operations, special events, blasting, including items listed under 22.00.03.05 of this document. d. Multi-Family Residential Garden Style Apartment Building Complex means more than one building where each building: 1. consists of three or more dwellings; 2. does not exceed three stories above grade plane; and 3. is located on one lot, parcel, or ownership unit. a. Systems and Structures Maintenance – All code required fire protection systems and features must be operational and maintained in good working order at all times and must be inspected or tested by an authorized individual or agency in compliance with the Montgomery County Fire Safety Code and applicable NFPA standards. 1. The building owner or representative, occupant, or a Montgomery County licensed fire protection contractor must submit inspection, maintenance, and testing report documents and data in compliance required by the Montgomery County Fire Safety Code and NFPA code requirements to the Department of Permitting Services, Division of Fire Prevention and Code Compliance. 2. The building owner or occupant or both must maintain the documents and data required in paragraph 1 of this subsection for the previous two years and have the documents and data readily available on site. 3. Failure to submit the documents and data required under paragraph 1 of this subsection, or the failure to maintain the required records, may result in an order to conduct an annual test of the fire protection systems and features witnessed by the Montgomery County Fire Marshal. b. Non-compliance. All reported or discovered deficiencies or impairments, or any failures to provide the documentation and data required under subsection a.1, may result in a Notice of Violation being issued to the responsible party. c. Fire Code Compliance Permits. A Fire Code Compliance Permit must be renewed annually and in accordance with 22.00.03.04 (f) of this document. d. Operational Permits. An Operational Permit must be renewed annually and in accordance with 22.00.03.04 (f) of this document. e. Fire Code Compliance Permits and Operational Permits are valid for one calendar year from the date of issuance and must indicate an expiration date. f. Fire Code Compliance Permits and Operational Permits must be renewed immediately when any of the following occur: 1. The Use and Occupancy for the building or tenant space issued by the Department of Permitting Services is changed, 2. The owner of the building or tenant changes. g. Fees. h. A cancellation within 24 hours before a scheduled inspection will be counted as an inspection. i. Witnessed Tests of Systems or Structures $95 Fees for the following items are $95 except as noted. An inspection may be required at the discretion of the Fire Marshal before a permit is issued. For additional Inspections required post event (Example Fireworks), an additional fee will be charged as a reinspection fee. a. Amusement and entertainment 1. To conduct or operate any scary (haunted) house, crop maze, carnival, fair, exhibit, trade show, concert, or other public event that presents an unusual life safety or fire hazard. Permit Term – 30 calendar days. 2. To conduct or operate any fireworks shoot. Permit Term – 30 calendar days. 3. To use any flame effects before an audience. Permit Term – 30 calendar days. b. Flammable and combustible liquids and gases 1. To install, remove, abandon, repair or alter a stationary tank for storing flammable or combustible liquids, dispensing devices, or associated piping. Permit Term – 30 calendar days. 2. To place any flammable or combustible liquid stationary tank temporarily or permanently out of service. Permit Term – 30 calendar days. 3. To conduct floor resurfacing and refinishing operations involving the use and application of flammable liquids or materials. Permit Term – 30 calendar days. 4. For spraying or dipping operations utilizing more than one gallon of flammable or combustible liquids on any working day. Permit Term – 12 calendar months. 5. For the operation of a bulk storage plant and/or for storage and dispensing of any formulation of natural gases or liquefied petroleum gases. Permit Term – 12 calendar months. c. Flammable and combustible solids 1. To store or handle more than 100 cubic feet of combustible fibers. Permit Term – 12 calendar months. 2. To conduct or maintain any tire recapping or rebuilding plant. Permit Term – 12 calendar months. 3. To store more than 100,000 board feet of lumber. Permit Term – 12 calendar months. 4. To use explosives (for blasting permit) per month, $95. Permit Term – not to exceed 12 calendar months. 5. To operate any commercial rubbish-handling facility or site. Permit Term – 12 calendar months. d. Hot Work 1. To conduct any cutting or welding operations except those activities contained in a fabrication shop. Permit Term – Site specific, 12 calendar months. 2. To use an open flame torch for the application of roofing materials or stripping of paint. Permit Term – Site specific, 30 calendar days. 3. To place and operate a tar kettle. Permit Term – Site specific, 30 calendar days. e. Motor vehicles 1. To use any building, shed, or enclosure as a place of business for the purpose of repairing or refurbishing any motor vehicle, including aircraft. Permit Term – 12 calendar months. 2. To operate any motor vehicle wrecking yard. Permit Term – 12 calendar months. 3. To operate any motor vehicle refueling facility, including aircraft. Permit Term – 12 calendar months. f. To review Fire Department Access and/or Fire hydrant location. Site Specific. g. Miscellaneous Permits. 1. To operate any commercial establishment or conduct any process or activity that poses an unusual fire or life safety risk not otherwise covered in this regulation is $95. Permit Term – 12 calendar months, or until a change in ownership or use group. 2. The fee for any inspection associated with the issuance of a permit is included in the permit fee. 3. The fee for any other Permit required by the Fire Marshal, or identified in other reference documents or in NFPA 1 is $95. Permit Term – 12 calendar months, or as noted on permit. a. Fire protection systems and equipment 1. Fire Extinguisher Corporate License – For a firm to engage in the business of servicing portable fire extinguishers. $88. License Term – 12 calendar months. 2. Corporate License – For a firm to engage in the business of repairing, servicing or inspecting, maintaining and testing any fixed fire protection system or structural fire protection element or feature. $88. License Term – 12 calendar months. 3. Individual License – To install, repair, service, inspect, maintain, or test any fixed fire protection system, structural fire protection element or feature, or portable fire extinguishers. $88. License Term – 12 calendar months. b. Fire Safety Permits (Licensing Inspections) 1. | Family or Group Day Care home. | $95 2. | Nursery or Day Care Centers. | $95 3. | Board & Care (Group Home). | $95 4. | Assisted Living or Nursing Home. | $95 5. | Health Care, Detention. | $95 6. | Other Licensed Facility. | $95 7. | Private Educational Institutions. | $95 a. Additional Inspection fees: 1. | Initial inspection of work or event site or property required before permit issuance | $95 2. | When a post event inspection is required | $95 3. | Each re-inspection fee after two disapprovals | $95 The Director of Permitting Services must calculate an enterprise fund stabilization factor (EFSF) each year to be applied to each fee set in or under this regulation on July 1 of each year. The EFSF is the factor by which the fee calculation is adjusted, up or down, to cover DPS labor and operating costs and to manage the DPS reserve policy under the 2002 Principles of the Fiscal Management of the Permitting Services Fund. The Director must publish the EFSF for each upcoming fiscal year not later than March 15 of the current fiscal year. For any year in which the EFSF will be less than .80 or greater than 1.20, the Department must review its fee rates and functional analysis behind the fee rates to determine if changes need to be made to the fee rates. The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

In accordance with the procedures authorized in Chapter 22, “Fire Safety Code,” of the Montgomery County Code, 1996, this Executive Regulation applies to the safeguarding of life, property, and the public welfare from the hazards of fire and explosion arising from the improper storage, handling, or use of substances, materials, or devices and from conditions hazardous to life, property, and the public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises. In this regulation the term “Fire Chief” means the Fire Chief of the Montgomery County Fire and Rescue Service and includes the Fire Chief’s designees. Unless otherwise noted, all references to the National Fire Codes and Standards adopted in these regulations are to those codes, standards, recommended practices and manuals in the National Fire Codes, published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. The references to these National Fire Codes and Standards are set forth in Section 22-14 of the Montgomery County Code, 1996. a. The following standards published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269, are incorporated in these regulations except as expressly amended. The dates or editions of the individual codes and standards are as listed in this section. NFPA NO. CODE OR STANDARD 1 Uniform Fire Code 2003 42 Code for the Storage of Pyroxylin Plastic (2002) NFPA NO. CODE OR STANDARD 50A Standard for Gaseous Hydrogen Systems at Consumer Sites (1999) 92A Recommended Practice for Smoke Control Systems (2000) 92B Guide for Smoke Management Systems in Malls, Atria, and Large Areas (2002) 101 Code for Safety to Life from Fire in Buildings and Structures (2003) 105 Recommended Practice for the Installation of Smoke-Control Door Assemblies (2003) 130 Standard for Fixed Guideway Transit Systems (2000) 170 Standard for Fire Safety Symbols (2002) 214 Water Cooling Towers (2000) 720 Recommended Practices for the Installation of Household Carbon Monoxide (CO) Warning Equipment (1998) 850 Electric Generating Plants (2000) b. The Fire Chief must review this regulation and propose amendments within six months after the date the State Fire Prevention Commission adopts new amendments to NFPA 1 and NFPA 101 into the State Fire Prevention Code. NFPA No. 1, Section 10.12.1, add new subsection 10.12.1.1 as follows: 10.12.1.1 All occupancies other than 1 and 2 family dwellings shall provide an approved access box. Exception 1: The requirement for an access box shall not apply when the occupancy provides 24-hour on-site staffing with access to all areas in the building or complex. At least one person must staff a fixed location proximate to the main building or complex entrance to provide ready access for the fire department. Exception 2: For multiple occupancies located within a single structure, a single access box shall be permitted with approval of the Fire Chief. Exception 3: For multiple structures within a residential building complex, a single access box shall be permitted with approval of the Fire Chief. Exception 4: The size, contents, and location of the access box shall be determined by the Fire Chief in cooperation with the occupancy owner or management. NFPA 1, Section 13.3.2.22, add new subsection 13.3.2.22.2 and renumber the existing subsection as 13.3.2.33.2. New subsection 13.3.2.22.2 reads: 13.3.2.22.2 The requirement of 13.3.2.22.3, that existing high-rise buildings shall be protected throughout by an approved automatic sprinkler system, shall not apply until a separate specific high-rise regulation takes effect that requires protection of existing buildings through an approved, supervised, engineered life-safety system as defined by NFPA 101 Section 31.3.5.10.3 (2003 edition) and includes timetables and conditions for compliance and incentives. NFPA No. 30A, as referenced by NFPA 1, in subsections 7.3.6.1 and 7.3.6.3, add the following Exception: Exception: In buildings protected throughout with “approved” automatic sprinkler protection, separation must consist of such assemblies having a fire resistance rating of not less than one (1) hour with all openings therein provided with approved minimum twenty (20) minute fire resistance rated opening protectives. NFPA No. 80, as referenced by NFPA 1, subsection 1-10.1, add the following: Release of fire doors and shutters shall not be by fusible link and shall be accomplished by one or more of the following: (a) Approved local smoke detection at the doors, (b) Approved area smoke detection per NFPA 72, or (c) Full automatic sprinkler protection per NFPA 13 with water flow interlock. NFPA No. 96, as referenced by NFPA 1, subsection 1.1.1, add an Exception to read: Exception: In day care and business occupancies doing food warming only, Home Economics classrooms in schools, and lodging or rooming houses or small board and care in existing structures originally built for single family residential use, protection shall consist of one of the following: (1) A listed and approved recirculating residential ventilation hood with range top extinguishing system installed in accordance with the manufacturer’s instructions, or (2) In a building equipped with approved full automatic sprinkler protection, the sprinkler system is considered to provide surface fire protection. Exhaust from residential range tops shall not leave the room where the range top is located. NFPA 101 is amended by deleting the following reference: NFPA 5000 Building Construction and Safety Code. Wherever NFPA 5000 is referenced, substitute the building code that is in effect in Montgomery County. NFPA 101 is amended by the addition of new subsection 1.4.4 to read as follows: The use of NFPA 101A to justify equivalency concepts is not permitted in new construction. NFPA 10, section 3.3 is amended as follows: (a) Subsection 3.3.47, add the following new subsection and definition: 3.3.47.3 Bulkhead Door. A type of door assembly covering an opening in the ground providing direct access to a basement, the floor of which is not more than 8 feet below ground level. The door consists of a single rigid leaf or two overlapping rigid leaves or covers which need to be pushed or lifted upwards in order to be opened. A person, after opening the door, can walk up a series of steps to escape to the outside. (b) Amend Subsection 3.3.110.1 to change the definition of “Day-Care Home” by deleting the phrase “...more than three, but...” (c) Amend Subsection 3.3.152.4 to change the definition of “Day-Care Occupancy” by deleting the phrase “...four or more...” (d) Amend Subsections 3.3.152.13 to change the definition of “Residential Board and Care Occupancy” by changing “A building or portion thereof...” to “A building or portion thereof that does not qualify as a one- and two-family dwelling...” NFPA 101, section 4.8, add the following subsection: 4.8.2.4 Emergency plans shall be maintained in a location approved by the Fire Chief. Amend NFPA 101, subsection 6.1.4.1 by deleting the phrase “...four or more...” Amend NFPA 101, subsection 6.1.9.1 to change the definition of “Residential Board and Care Occupancy” by changing “A building or portion thereof...” to “A building or portion thereof that does not qualify as a one- and two-family dwelling...” NFPA 101, subsection 7.2.1.5.7.1, add an item (6), to read: (6) Entry levels shall provide free access to an approved second exit. These levels shall be designated in “core/shell” building permit drawings with future tenant layouts arranged accordingly. NFPA 101, delete subsections 7.2.3.9.2(3)(b), and 12.2.2.2.4. NFPA 101, subsection 7.3.1.2, add on the chart for Business Use “for calculating occupant loads in shell use business use is 6.0 square meters or 65 square feet per person.” NFPA 101, subsection 7.5.1.3.1, add new subsection 7.5.1.3.1.1: 7.5.1.3.1.1 In non-sprinklered new buildings, parallel paths of travel shall be considered remote if not less than forty (40) feet apart, or separated by assemblies having continuous one hour fire resistance with self-closing and positive latching twenty (20) minute fire resistance rated opening protectives. In fully sprinklered buildings and existing buildings paths of travel shall be considered remote if not less than thirty (30) feet apart, or separated by assemblies with self-closing opening protectives which are resistant to the passage of smoke. This minimum separation of paths shall not supersede minimum separation of exits or doors in 7.5.1.3.2. NFPA 101, Subsection 7.9.1.2, replace the word “only” in the first sentence with “but not limited to,”. NFPA 101, subsection 7.10.8.3.2, add: If the sign is on the door, then the door must be equipped with an approved self-closing device. NFPA 101, subsection 7.12.1, add 7.12.1(4): (4) In special purpose industrial occupancies, spaces not subject to human occupancy because of the presence of machinery or equipment shall be permitted with 100% of the exits discharging through a level of exit discharge. NFPA 101, subsection 8.6.6(3), add a second sentence: Buildings, wherein the communicating space(s) is (are) provided with automatic smoke detection and alarm in accordance with NFPA 72, will be considered to satisfy the requirements of ‘readily obvious’. NFPA 101, subsection 8.6.7(6)(b) is fully changed to read: Manual controls that are located at the annunciator panel or in the Fire Control Room. NFPA 101, add new section 9.1.5: 9.1.5 All newly constructed below ground floors of a building, all floors in buildings greater than 25,000 ft2 per floor, and all floors of buildings greater than 3 stories in height of Type I and II construction shall meet minimum emergency radio communication system performance criteria adopted by Montgomery County. Proof that minimum performance criteria are met shall be provided in writing to the Fire Chief. (1) System performance testing shall be performed in accordance with technical standards for systems and testing personnel established by Montgomery County. (2) Compliance testing must be performed at time of occupancy and annually thereafter. (3) Field testing may be performed upon reasonable notification of the owner or occupant by any authorized fire and rescue personnel. Exception: The requirements of this section shall not apply to areas within an individual dwelling unit. NFPA 101, subsections 9.6.1.7 and 9.7.6.1, add: When a property owner or the owner’s agent cannot be contacted to establish a fire watch, the Montgomery County Fire and Rescue Service at their discretion may provide the fire watch and charge the property owner the inspection overtime rate per person per hour. NFPA 101, subsection 9.6.2.5, add two new subsections: (a) 9.6.2.5.1 Zoned fire alarm systems shall have manual pull stations located at the entrance to each exit enclosure and at the main exit. (b) 9.6.2.5.2 When a fire alarm system is required in a multiple tenant building, for each tenant exiting directly to the exterior of the building, a manual pull station and approved occupant notification shall be located at each required or marked exit. NFPA 101, subsections 9.6.2.8 and 9.6.2.9, add the following sentence: “Environments not suitable for smoke detectors (due to high probability of unwanted alarms) must be provided with listed rate-of-rise or rate compensated heat detection, or approved alternative means of detection.” NFPA 101, subsection 9.6.2.10.2, add the phrase “and have secondary battery back-up power” at the end of the sentence. NFPA 101 add new subsections 9.6.2.12, 24.3.4.4, 26.3.3.6, 28.3.4.6, 30.3.4.6, 32.2.3.4.4 and 32.3.3.4.9: In new construction a carbon monoxide alarm or detector(s) installed in accordance with Chapter 5, Section 5.1, “Recommended Protection”, of NFPA 720, shall be installed in any family living unit containing a fuel-burning appliance, fireplace, or having an attached garage. NFPA 101, subsection 9.6.3.2.1, delete the word “lobby”. NFPA 101, subsection 9.6.3.4, add text at the end of the sentence: “only when the initial fire alarm signal is automatically transmitted without delay to a listed central station in accordance with 9.6.4.” NFPA 101, subsection 9.6.3.7, add a second sentence to read: “Required audibility must be met with any and all intervening doors (between any space and the audible devices) closed.” NFPA 101, subsection 9.6.3.9, add: Where voice type occupant notification is used, automatic pre-recorded messages must be used complying with Section 9.6. Live voice as the sole notification method is prohibited. Exception: Previously “approved” live voice systems, shall be permitted to remain. NFPA 101, subsection 9.6.4.2, delete all text following the word “automatically” in the second section, and replace with “to a listed central station.” NFPA 101, delete subsection 9.6.4.3. NFPA 101, subsection 9.6.5.2(3), add the following sentence: “Manual fire alarm initiation must not activate floor or zone-dependent smoke control systems.” NFPA 101, subsection 9.7.1.2, the second sentence is amended to read: “The sprinkler piping must be valved with the domestic water system. Any and all work must be performed by a licensed sprinkler contractor.” NFPA 101, subsection 9.7.2.2 is amended to read: “Where supervised automatic sprinkler protection is required by another section of this Code, waterflow alarms must be automatically transmitted to a listed central station.” NFPA 101, subsection 9.7.3.1 is amended to read: “Where water as an extinguishing agent is not compatible with the fire hazard or is prohibited by law, statute or ordinance, the affected area shall be equipped with an approved automatic fire suppression system utilizing a suppression agent that is compatible with the fire hazard. Such system shall be installed in accordance with the appropriate standard as determined in Table 9.7.3.1.” NFPA 101, subsection 11.8.3.1, add new subsection 11.8.3.1.1: 11.8.3.1.1 In buildings having staged evacuation the voice fire alarm system shall send a predetermined message to the floor where the alarm originated, to the floor immediately below and to the floor immediately above, providing information and direction to the occupants. Any subsequent alarm(s) on other than the initial fire floor must initiate the voice fire alarm as described above. The voice fire alarm shall be designated to be heard clearly by all occupants within the designated portions thereof as required by Section 9.6, but it shall not sound automatically in elevator cars and enclosed exit stairways. Communicating levels shall be considered one floor/fire area for the audible and visual fire alarm signals. NFPA 101, subsections 11.8.5(6) and (8), are amended/added, as applicable, to read as follows: (6) Emergency generator status indicators, and remote starting. (8) Fire pump status indicators and remote starting only. NFPA 101, subsections 12.2.5.4.1(1), 12.2.5.4.1(2), 13.2.5.4.1(1), and 13.2.5.4.1(2) change “1000" to “250". NFPA 101, section 12.3.5, add new subsection 12.3.5.1 and renumber the existing subsections 12.3.5.1 through 12.3.5.3. New subsection 12.3.5.1 reads: The following assembly occupancies shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7: (1) Bars (2) Dance Halls (3) Discotheques (4) Nightclubs (5) Assembly occupancies with festival seating NFPA 101, add new subsection 12.3.5.2 to read: All new Assembly Occupancies shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7. Sprinkler protection is not required over recreation areas devoid of fuel loading (such as over pool water surface, ice rink ice surface or a court of noncombustible construction), if provided with draftstopping around the area of omission, in accordance with NFPA 13. NFPA 101, subsections 12.7.6.3 and 13.7.6.3, add: (1) It is the duty of the individual in charge to call the attention of those present, immediately before the beginning of the proceedings for which the people are assembled, to the number and location of the exits, and to state that the doors to all exits are unlocked. Before making the announcement, it is the duty of the individual to make an actual inspection to verify that the doors are unlocked and the means of egress are free of obstructions, and to correct any deficiencies found. (2) It is the duty of the individual in charge to call the attention of everyone present at the proceedings to the exits by displaying or announcing the following: “Notice. For your own safety, look for your nearest exit. In case of emergency, walk, do not run, to that exit”. (3) The requirements for calling the attention of everyone present at the proceedings to the exits is complied with by one of the following methods: (a) Oral announcements of the notices in this section at the beginning of the proceedings. (b) Showing the notices in this Section on the viewing screen where the motion pictures are shown. (c) Printing the notices in this section in bold type letters not less than ¼ inch in height on the back of programs for the proceedings. Nothing but the notice shall be placed on the back of the program. (d) Having a fixed sign or signs displaying the notices in this section printed in letters of a size and clearness that can be easily read from each point in the assembly room. NFPA 101, section 13.3.5, add new subsection 13.3.5.1 and renumber the existing subsections 13.3.5.1 through 13.3.5.3. New subsection 13.3.5.1 reads: Where occupant load exceeds 100, the following assembly occupancies shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7: (1) Bars (2) Dance Halls (3) Discotheques (4) Nightclubs (5) Assembly occupancies with festival seating NFPA 101, new section 13.3.5.2 is changed to read: Any existing assembly occupancy and required exits with an occupant load of 100 or more shall be protected by an approved automatic sprinkler system in accordance with Section 9.7. This requirement shall not apply to assembly occupancies used only for worship with fixed seating and not part of a mixed occupancy (see 6.1.14.3). NFPA 101, subsection 14.2.11.1.1(1) is amended by adding the following after “...tools”, “keys, special knowledge, or excessive force.” NFPA 101, sections 16.1 and 17.1, add new subsections 16.1.1.6 and 17.1.1.6: Day-care centers providing day care for school age children before and after school hours in a building which is in use as a public or private school are not required to meet the provisions of this chapter, but shall meet the provisions for educational occupancies. NFPA 101, subsections 16.2.11.1.1(1), 16.2.11.1.1(3), 17.2.11.1.1(3), 17.2.11.1.1(1), 24.2.2.3(3), 32.2.2.3.1(3), and 33.2.2.3.1(3), add the following exception: Exception: A minimum net clear opening of 5.0 square feet shall be permitted for secondary means of escape at grade. NFPA 101, subsection 16.3.4.5, add the following exceptions: Exception 1: Day-care occupancies located in school facilities where enrollment is limited to children kindergarten age and older and capable of self preservation, where no sleeping facilities are provided and the school is provided with approved full automatic sprinkler protection. Exception 2: In buildings equipped with a selective fire alarm system, smoke detection at stairwell doors shall only be required at locations that would activate the alarm in the day-care center. NFPA 101, add new subsection 16.3.5.4 to read: Buildings containing new day care centers above or below the level(s) of exit discharge must be protected with full automatic sprinkler protection installed in accordance with section 9.7. NFPA 101, subsections 16.6.1.1.2, and 17.6.1.1.2, delete the phrase “...more than 3, but...” NFPA 101, subsections 16.6.1.4.1(A) and (B) and 17.6.1.4.1(A) and (B) are amended as follows: (a) Subsections 16.6.1.4.1(A) and 17.6.1.4.1 (A), delete “more than three but”, change “seven clients” to “nine clients”, change “six clients” to “eight clients”, and add a new sentence: “Where more than two clients, up to a maximum of four clients incapable of self-preservation are being cared for, a minimum of two staff personnel must be present at all times.” (b) Subsections 16.6.1.4.1(B) and 17.6.1.4.1(B), change “at least seven” to “at least nine”, and change “no more than three clients” to “no more than four clients.” NFPA 101, subsections 16.6.1.7.1 and 17.6.1.7.1, delete the existing wording and replace with the following: In family day-care homes, a day-care provider’s own children under the age of two years shall be counted as clients served and the following shall apply: (1) At any given time, a day-care provider shall not care for more than eight clients, of whom no more than four may be under the age of two years. (2) An adult to child ratio of at least one adult to every two children under the age of two years shall be maintained at all times. NFPA 101, subsection 16.6.2.1 and 17.6.2.1, add the following sentence: “Bulkhead doors shall not be permitted to serve as a primary means of escape.” NFPA 101, subsections 16.6.2.2 (Reserved) and 17.6.2.2 (Reserved) are amended as follows: SLIDING DOOR. For family day-care homes, a sliding door used as a required means of egress shall comply with the following conditions: a. The sliding door shall have not more than one, easily operated, locking device that does not require special knowledge, effort, or tools to operate; b. There may not be draperies, screens, or storm doors that could impede egress; c. The sill or track height may not exceed ½ inch above the interior finish floor; d. The surface onto which exit is made shall be an all weather surface such as a deck, patio, sidewalk, etc.; e. The floor level outside the door may be one step lower than the inside, but not more than 8 inches lower; f. The sliding door shall open to a clear open width of at least 28 inches; g. Before day dare use, each day the sliding door shall be unlocked and tested to the full required width to be sure it is operating properly, and the door shall be nonbinding and slide easily. h. During periods of snow or freezing rain, door tracks shall be cleared out and the door opened periodically throughout the day in order to ensure proper operation. NFPA 101, subsections 16.6.2.3 (Reserved) and 17.6.2.3 (Reserved) are amended as follows: SPECIAL MEANS OF ESCAPE REQUIREMENTS: For family day-care homes, dead-bolt locks shall be provided with approved interior latches, or these locks shall be of a captured key design from which the key cannot be removed from the interior side of the lock when the lock is in the locked position. These locks shall be unlocked at all times when the home is occupied for the purpose of family day care. Exception: A double-keyed dead-bolt lock may be used on the secondary means of escape if the key is readily accessible and the lock is unlocked at all times the home is occupied for the purpose of family day care. NFPA 101,subsection 16.6.3.4.3, add of the following Exception: Exception: Battery detectors rather than house electric service-powered detectors shall be accepted when in the opinion of the authority having jurisdiction, the facility has demonstrated testing, maintenance and battery replacement programs that ensure reliability of power to the detectors. NFPA 101, subsections 16.7 and 17.7, add new subsections 16.7.1.1 and 17.7.1.1, respectively as follows: A written prearranged plan of escape in case of fire or other emergency shall be readily available for reference and inspection purposes. This emergency plan shall include a means and procedure to alert all occupants of an emergency. NFPA 101, subsections 16.7.4.1 and 17.7.4.1, add an Exception: Exception: Day-Care Homes. NFPA 101, subsections 16.7.5 and 17.7.5, add an Exception: Exception: Day-Care Homes with no more than three clients for overnight lodging. NFPA 101, subsection 17.3.4.5, add the following language after “one room”: “...or Day-care occupancies located in school facilities where enrollment is limited to children kindergarten age and older and capable of self preservation, where no sleeping facilities are provided and the school is provided with approved full automatic sprinkler protection.” NFPA 101, subsection 17.3.4.5(1), add the following sentence: “In buildings equipped with a selective fire alarm system, smoke detection at stairwell doors shall only be required at locations that would activate the alarm in the day-care center.” NFPA 101, subsection 17.6.3.4.4, delete “Existing...” NFPA 101, subsection 24.1.1.1, place a period after the word “dwellings” and replace the remainder of the sentence with the following: One- and two-family dwellings include: (a) A building containing not more than two dwelling units in which each dwelling unit is occupied by members of a single family with not more than five outsiders, if any, accommodated in rented rooms. (b) A living unit for five or fewer individuals with disabilities as defined in (d) of this section. (c) A living unit for six to eight individuals with disabilities as defined, in addition to live-in staff, if specific information is presented to the authority having jurisdiction that the residents of the living unit have no unique and specific needs which warrant imposition of the fire safety standards required by either Chapter 26, 32 or 33 of the NFPA 101 Life Safety Code (2003 edition). (d) “Individuals with disabilities” means those individuals who have a disability as defined in the Fair Housing Amendment Act of 1988, 42 U.S.C. § 3601, et. seq., as follows: (1) A physical or mental impairment which substantially limits one or more of such persons’ major life activities; (2) A record of having such an impairment; or (3) Being regarded as having such impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in 21 U.S.C., Section 802). NFPA 101, subsection 24.2.5.1, add the following exception: Exception: Maximum riser heights of 8¼ inches (210 mm) and minimum tread depths of 9 inches (229 mm) shall be permitted for stairs in new construction. A nosing not less than ¾ inch (19 mm) but not more than 1¼ inch (32 mm) shall be provided on stairways with solid risers where the tread depth is less than 11 inches (279 mm). NFPA 101, subsection 24.3.4.3, add at the end of the sentence, “...only if the existing smoke detectors are battery operated.” NFPA 101, subsection 26.1.1.1, change “...buildings...” to “...buildings that do not qualify as one- and two-family dwellings...”. NFPA 101, subsection 28.3.4.1 is amended to read “...through 28.3.4.6, shall be provided.” NFPA 101, subsection 28.3.4.3.5, delete all wording after “provided”. NFPA 101, delete subsections 29.3.4.5.2 and 31.3.4.5.2. NFPA 101, delete subsections 30.3.4.3.3 and 30.3.4.3.4. NFPA 101, subsection 32.3.1.3, replace the phrase “Chapter 7 of NFPA 5000, Building Construction Safety Code” with “33.3.1.3". NFPA 101, subsections 33.2.3.4.3.5 and 33.3.3.4.7.1, add at the end of the sentence, “...and have secondary battery back-up power.” NFPA 101, add new subsections 36.1.2.3 and 37.1.2.3: “Structures that are predominantly residential dwellings, and that include mercantile occupancy open to the general public, shall have substantial separation between the occupancies that is resistant to the passage of smoke. Openings shall be protected with self-closing minimum 1¾" solid wood bonded core doors, in minimum eighteen (18) gauge steel frames.” NFPA 101, subsection 36.4.4.4.3.1, delete item (3). NFPA 101, subsection 36.3.4.1 and 37.3.4.1 are amended to read as follows: General. Class A mercantile occupancies and multiple story Class B mercantile occupancies shall be provided with a fire alarm system in accordance with section 9.6. NFPA 101, add new subsections 38.1.2.3 and 39.1.2.3: “Structures that are predominantly residential dwelling, and that include business occupancy open to the general public, must have substantial separation between the occupancies that is resistant to the passage of smoke. Openings must be protected with self-closing minimum 1¾" solid wood bonded core doors in minimum eighteen (18) gauge steel frames.” NFPA 101, subsections 38.2.4.2 and 39.2.4.2, add new section (6) to read as follows: (6) Any two story business occupancy building not exceeding 3000 square feet gross floor area per floor shall be permitted a single exit with an approved outside stairway, or a single totally enclosed interior stairway to the second floor having discharge directly outside the building, if the total travel distance to the outside of the building does not exceed 100 feet, the travel distance to the interior stairway does not exceed 75 feet, and such interior stairway does not communicate with any other floor. An interior single exit stairway shall be permitted to be arranged as a floor communicating stair, with one (1) hour fire resistance rated opening protectives at the entrances from each level, and protection provided as follows: The building shall be provided with a non-supervised AC hard-wired smoke detection and alarm system in accordance with NFPA 72 arranged to sound an alarm audible throughout each level, and the stairway shall be provided with approved automatic sprinkler protection, with sprinklers located at the top of the stair and over each landing and on the tenant side of each interior fire door leading to the stairway, in accordance with NFPA 13. NFPA 101, subsections 38.3.4.3(2) and 39.3.4.3(2), are amended to read: “Sound an audible alarm in a constantly attended location and transmit a signal to a listed Central Station.” NFPA 101, subsections 40.3.4.3.1, 42.3.4.3.1 and 42.8.3.4.3.1 are amended to read: “The required fire alarm system must meet Section 9.6.3 as amended.” NFPA 101, subsection 39.2.2.2.3 is amended to read: “The re-entry provisions of 7.2.1.5.7 shall apply.” NFPA 101, subsection 42.8.2.2.3.1, add the following Exception: Exception: Subsection 7.2.2.5.1 shall not apply to open air parking structures.

In accordance with the procedures authorized in Chapter 22, “Fire Safety Code”, of the Montgomery County Code, as amended, this Executive Regulation applies to the design, installation, alteration, and maintenance of fire protection systems in buildings or structures. Where there are differences between this regulation and the Montgomery County Building Code, the more restrictive provision(s) will apply. In this regulation the term “Director” means the Director of the Department of Permitting Services and includes the Director’s designees. The Department of Permitting Services has the authority to enforce the requirements of the Montgomery County Fire Safety Code as it pertains to new and existing buildings, facilities, elements, structures, and conditions. New buildings, new systems, or new conditions are subject to this regulation. 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 subject to this regulation only when an inimical or distinct hazard exists. This regulation amends and replaces Executive Regulation No. 19-13. All references to the National Fire Codes and standards adopted in this regulation are to those codes, standards, recommended practices, and manuals in the National Fire Codes, published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. Unless otherwise noted, all references are to those codes and standards published in the 2015 edition of National Fire Protection Association’s Fire Code (NFPA 1) and are adopted in their entirety. Terms used in this regulation that are defined in the state adopted consensus codes have the meanings used in the consensus code. For the purpose of this regulation, the Director is the designated Authority Having Jurisdiction (AHJ) in NFPA 1. NFPA 1, section 1.10 is deleted. Designs for smoke management systems must be submitted for review and approval as part of a building permit. Submittals for smoke management systems must include: (a) Plans and specifications (b) Engineering calculations and/or computer model (c) Floor plans (d) System diagrams and details (e) Sequence of operations and control layout (f) Preliminary test procedures (g) Acceptance test procedures (h) Pass/fail criteria (i) Maintenance requirements including periodic testing criteria NFPA 13, section 7.2, add the following: Dry pipe systems may only be installed where heat is not adequate to prevent freezing. NFPA 13, sub-paragraph 7.2.3.6.1 is deleted. NFPA 13, subsection 8.1.1, add new principle (9) as follows: (9) Sprinklers are required under attached balconies or porches unless at least 50 percent of the longest exterior side is open to the atmosphere. NFPA 13, paragraph 8.3.2.1 is amended as follows: In dwelling units, ordinary temperature-rated sprinklers must be used. NFPA 13, Section 8.3.2.4, add the following: “Intermediate temperature sprinkler heads must only be installed if an acceptable layout can not be achieved without a sprinkler head in the high temperature area.” NFPA 13, paragraph 8.4.5.1, add: Listed residential sprinkler heads must be used in dwelling units except Detention and Correctional occupancies. NFPA 13, subsection 8.8.1, add: Extended coverage sprinklers are not permitted in speculative business and mercantile occupancies. NFPA 13, paragraph 8.15.7.1, add: Any canopy with the potential for extended vehicle standing or parking below must have sprinkler protection on the underside of the canopy. NFPA 13, Paragraph 8.15.8.2, add new sub-paragraph: 8.15.8.2.1. When sprinklers are required, sprinklers must not be installed directly above shelving. NFPA 13, paragraph 8.15.15.1, is amended as follows: For new ceiling installations, drop-out ceilings are prohibited. NFPA 13, subparagraph 8.16.1.1.1.1 and paragraph 8.17.1.1, add: When a sprinkler system serves more than one level, each level must be consistently and separately valved by a listed and approved control valve. In addition, where a sprinkler system is required to activate a building fire alarm system, the sprinkler system must have a separate and distinct water flow detecting device for each floor and zone. Exception 1: In buildings not exceeding three floors and 3000 square feet per floor. Exception 2: Unoccupied and unused attics may be zoned with the level below. Exception 3: Mezzanines not exceeding 3000 square feet in area. Exception 4: Detention and correctional facilities. NFPA 13, subsection 8.17.2, add the following requirements for fire department connections: (a) Must be located within 100 feet from a fire hydrant, and between 18 and 48 inches from grade to the centerline of the inlets. (b) Number of 2 ½ in. inlets: System Demand (gpm) No. of Inlets up to 749 2 750 - 999 3 1000 and more 4 (c) Multiple connections for the same building must be interconnected. (d) When a section of a building is fed by a connection (i.e., partial systems), permanent all weather identification signs must be provided on connections. (e) Must be sized at least as large as the main sprinkler system riser pipe or the fire pump discharge line, whichever is larger. NFPA 13, section 11.1, add: Calculations for new systems or new portions of systems must meet the criteria below. (a) Highest hazard and most demanding use allowed by building construction permit or property zoning. (b) Storage use: Available storage height for high storage of a class 4 non- encapsulated material. (c) All uses: 20% safety factor. For systems without a pump, this is based on the demand pressure only at the supply point. For systems with a pump, this is based on both the demand pressure and demand flow at the pump discharge. All design options, except grids in speculative buildings, must be explored. Exception to safety factor only: Owner occupied buildings may use a lower safety factor if a pump would be necessary to achieve the 20%. NFPA 13, paragraph 11.2.2.3, delete (3) and (4). NEPA 13, subsection 24.1.2, add: Pressure and flow availability as determined by a hydraulic information sheet received from a public utility must be used for new taps. Pressure and flow availability for existing taps must be determined by an interior flow test. In any case, the supply information must be corrected for the low hydraulic gradient. Fire pumps and fire pump/tank supplies must only be used where it is demonstrated that the public water supply is inadequate. NFPA 13, section 25.1, add: (5): Finished surfaces must be completed within a 1' radius of sprinklers before the final inspection. NFPA 13, paragraph 25.2.1.11, add a third sentence: Pendent sprinkler heads must not be installed in plastic pipe until after the hydrostatic test is passed. NFPA 13D, subsection 1.1.1, add a second sentence: This standard also applies to Day Care homes containing 12 clients or less if located within converted one and two family dwellings or townhouses. NFPA 13D, section 6.1, add: Pressure and flow availability as determined by a public utility must be used and must be adjusted to the low hydraulic gradient. Booster pumps and pump/tank supplies may be used only where it is demonstrated that the public water supply is inadequate as determined by the Director. NFPA 13D, subsection 6.1.1, add: All calculations must include at least a 10% safety factor to account for minor field changes, unless a booster pump is necessary to obtain this safety factor. NFPA 13D, section 6.2: Add (6) (6) System specific data plate on durable material to be fixed at sprinkler system main riser. NFPA 13D, paragraph 7.5.6.1, add: Where possible to maintain listed coverage, sprinkler heads must be positioned so as to eliminate the need to install sprinkler heads of a higher temperature rating. NFPA 13D, subsection 7.5.7, add: Finished surfaces must be completed within a 1' radius of all sprinklers before the final inspection. NFPA 13D, paragraph 8.2.5.1, add sub-paragraph 8.2.5.1.1: 8.2.5.1.1 Sprinkler heads in closets must not be located directly above shelves. NFPA 13D, subsection 8.3.4, add the following after garages: “...unless located partially or wholly beneath living space.” NFPA 13D, subsection 9.1.2: Delete Methods (1), (2) and (4). NFPA 13D, paragraph 11.2.1.4, add a second sentence: When systems utilizing plastic pipe are being hydrostatically tested, pendent sprinklers are not permitted. NFPA 13R, subsection 5.4.2, add: Antifreeze, dry pipe and preaction systems are prohibited in dwelling units and interior corridors leading to dwelling units. NFPA 13R, subparagraph 6.4.6.3.2, add: Sprinkler heads in closets must not be located directly above shelves. NFPA 13R, subsection 6.11.1 is amended to read: “In all apartment buildings, at least one fire department connection must be provided for buildings accessible by the fire department, that exceed 2000 square feet or are more than a single story. The fire department connection must be a minimum of one 2 ½ inch inlet with a feed line sized at least as large as the main system riser. The fire department connection must be located on a fire department access road and be 18 to 48 inches from the centerline of the inlet to finish grade.” NFPA 13R, section 7.4, add: All calculations must include at least a 10% safety factor to account for minor field changes, unless a listed fire pump is necessary to obtain this safety factor. NFPA 13R, section 9.1, add: Pressure and volume availability as determined by a public utility must be used and must be adjusted to the low hydraulic gradient. Booster pumps and pump/tank supplies may be used only where it is demonstrated that the public water supply is inadequate. NFPA 13R, section 9.4, add: Domestic pumps are permitted for townhomes. NFPA 13R, subsection 10.2.2. Add a new paragraph: 10.2.2.3 Pendent sprinkler heads must not be installed in plastic pipe until after the hydrostatic test is passed. NFPA 14, subsection 4.8.2 is amended as follows: Each fire hose valve must have a 2 ½ in. hose connection, 2 ½ in. to 1 ½ in. reducer, cap, and chain. NFPA 14, subsection 5.1.2, add: (1) Systems must be automatic wet type. (2) Standpipe systems in unheated areas must be automatic dry type. (3) Standpipe systems in detached open parking garages may be the manual dry type, if the piping is air supervised for breaks or open valves. (4) Occupant use hose is prohibited in new or existing buildings. (5) New standpipe systems must be Class I only. NFPA 14, section 6.4 (Fire Department Connections), add: (1) Number of 2 ½ in. inlets: System Demand (gpm) No. of Inlets up to 749 2 750-999 3 1,000 and more 4 (2) Multiple connections on the same building must be interconnected. (3) When a section of a building is fed by a connection (i.e., partial systems), permanent all-weather identification signs must be provided on connections. NFPA 14, paragraph 7.3.2.2, add: (1) Measurement must be parallel or at right angles to walls. (2) Supplemental hose valves outside the stairs must not be located within tenant spaces, unless hose reach requirements cannot be met by placement of valves in public corridors or by use of wall hydrants for spaces opening to the exterior. Hose valve locations must be marked by the placement of signs, the striping of columns, or other approved methods. NFPA 14, subsection 7.8.1, add exceptions: Exception 1: In high-rise buildings, where booster pumps are necessary to produce the required residual pressures, pumps and piping systems must be sized to provide for the demand of the hydraulically most remote hose station, or the sprinkler system demand, whichever is greater. The standpipe system must also be sized to provide the required flow and pressure for all hose stations required to be flowing, when supplied by 150 psi at 1000 gpm at the fire department connection(s). Two sets of calculation will, therefore, be required under this exception. Exception 2: Systems in buildings that are not high-rise, and dry systems with no automatic water supply, may be sized to obtain the required flows and pressures, when supplied by 150 psi at 1000 gpm at the fire department connection(s). Exception 3: In existing buildings, after shell occupancy, hose valves added to correct reach violations created by tenant modifications may be supplied by 3 inch pipe without recalculation. NFPA 20, paragraph 4.7.7.2, add: A relief valve is permitted to be installed to reduce operating pressure below 175 psi at high gradient. NFPA 20, subsection 14.2.3, add: Fire pump control equipment must be inspected and approved by a Montgomery County electrical inspector before a fire pump performance test is performed and witnessed by Montgomery County. NFPA 20, subsection 4.18.7 is amended entirely to state: For other than static water supplies, relief valves must not be piped back into the source of the supply. NFPA 72, subsection 10.4.3 is amended by adding paragraph 10.4.3.1 10.4.3.1 When fire alarm equipment is installed in a parking garage or other similar space, if the AHJ determines that the humidity or temperature of the space or both cannot be maintained, then the fire alarm equipment must be listed for outdoor use and the environment where it is installed. NFPA 72, subsection 10.18.3, add the following sentence: An annunciator with the following features is required when the building is greater than one story, has a sprinkler system, or has more than one type of alarm initiating device. Exception 1: Apartments protected by a 13R sprinkler system. Exception 2: Any building not exceeding two stories above grade and 3,000 square feet per floor. (a) Annunciator must have a visible signal for each different floor, zone, and device type. Supervised computer screen or printer type annunciators may be used to meet this requirement if the zone identification is approved by the Director or Director’s designees. (b) Unless approved by the authority having jurisdiction, zones must not exceed a single floor, 52,000 square feet, or 300 linear feet. Sprinkler systems are permitted to be zoned under the applicable sprinkler standard. (c) In zones greater than 22,500 square feet, a graphic outline on or adjacent to the annunciator must be provided showing the building outline, fire alarm and sprinkler zone boundaries, “you are here” notation, north compass arrow, all stairways, stairway identification numbers, sprinkler zones, all standpipe risers, fire department connections, elevators, and the building address. (d) A lamp type annunciator must have a lamp test switch unless the annunciator circuits are supervised. (e) The annunciator must be located at, and be visible from, the main fire department entrance unless the building has a fire command center. (f) If two or more buildings are controlled by one alarm system, an annunciator must be installed in each building with a pilot lamp indicating the building of alarm origination. (g) The graphic orientation must match the building orientation. (h) The graphic floor level designations must match the elevator floor level designations. Amend NFPA 72, paragraph 14.4.10.3 to read as follows: “Test procedures. The test plan must ensure testing throughout the building. Test procedures must be as directed by the design professional and the AHJ. Using the Montgomery County control channel, each floor must be RF (radio frequency) signal level mapped utilizing a calibrated, portable spectrum analyzer. Each floor must be divided into equal grids of no larger than 50 feet by 50 feet. Individual testing points must not be spaced greater than 50 feet apart. Each grid must meet the required signal strength level, and provide a Delivered Audio Quality (DAQ) of not less than 3.5. (DAQ 3.5 is defined as ‘Speech understandable with repetition rarely required. Some noise/distortion.’) A maximum of two non-adjacent grids will be allowed to fail on the same floor. Failure of any two adjacent grids is considered a failure for the entire floor. Critical rooms, including, but not limited to, such areas as the fire command/control center, fire pump room, emergency generator room, stairwells with a standpipes, and other staging areas as identified by the AHJ, must not fail coverage at all.” Amend NFPA 72, paragraph 14.4.10.5 to read as follows: “The design and acceptance testing of the in-building public safety radio enhancement system must be performed under the supervision of a Maryland registered professional engineer with a minimum of 5 years of experience in the design, installation, and alignment of bi-directional amplifier systems.” Amend NFPA 72, subsection 14.4.10 to add paragraph 14.4.10.7 to read as follows: 14.4.10.7 Maintenance. The building owner must maintain a service contract for emergency repair of the system. The service contract must be such that telephone support is available within 2 hours, and on-site maintenance service can be provided within 24 hours of recognition that the in-building public safety radio enhancement system is not operating correctly. A copy of the contract must be submitted to the AHJ at the time of acceptance testing. If the service contract is terminated, both the building owner and contractor must notify the AHJ within 24 hours. NFPA 72, paragraph 17.7.1.7 is amended as follows: Detectors located at the top of shafts and stairs must be on a supervisory circuit only, unless a confirmation or verification feature is provided. The location must be identified at the annunciator or fire alarm control panel. NFPA 72, paragraph 17.7.4.4, add: Activation of duct smoke detectors must sound an audible alarm in a normally occupied area or through the building fire alarm system, and must be identified as duct detector. Where connected to the building alarm, the signal must be supervisory only and must not initiate the building evacuation alarm unless a confirmation or verification feature is provided. NFPA 72, subsection 17.12.2, add: Standpipe or main water flow indicators, if provided, must sound a supervisory signal only. NFPA 72, section 17.14, is amended by adding paragraph 17.14.8.7 17.14.8.7 When fire alarm systems are not monitored by a UL listed central station, an approved permanent sign must be installed adjacent to each manual fire alarm box. The sign must read as follows: Local Alarm Only: (1) Activate Alarm (2) Exit Building (3) Call Fire Department NFPA 72, paragraph 24.5.1.15 is amended by changing “two” to “six”. NFPA 72, paragraph 24.5.2.2 is modified to read as follows: “Radio Coverage. Radio coverage must be provided throughout the building such that a minimum of 95% of the building (including underground levels, basements, elevators, stairways, etc.) is covered at a minimum of 95% of the time.” Amend NFPA 72, add subparagraph 24.5.2.5.6 to read as follows: “Where required by the AHJ, a two inch diameter conduit/conduit sleeves must be provided vertically from the roof level to the lowest level of the structure. This conduit will provide a vertical path for cable to all levels and should pass through the in-building public safety radio enhancement system equipment room. At a minimum, one 20-amp AC circuit and building ground must be located at the public safety radio enhancement system equipment and any outside antenna locations.” NFPA 72, paragraph 29.8.3.4, add new paragraph (14): (14) Enclosed rooms with a closet such as dens, libraries, studies, or sitting rooms which could be used as a sleeping area must be treated as bedrooms.

In accordance with the procedures authorized in Chapter 22, “Fire Safety Code,” of the Montgomery County Code, as amended, this Executive Regulation applies to the safeguarding of life, property, and the public welfare from the hazards of fire and explosion arising from the improper storage, handling, or use of substances, materials, or devices and from conditions hazardous to life, property, and the public welfare in the construction, alteration, use or occupancy of buildings, structures, sheds, tents, lots or premises. Where there are differences between this regulation and the Montgomery County Building Code, the more restrictive provision(s) will apply. In this regulation the term “Director” means the Director of the Department of Permitting Services and includes the Director’s designees. The Department of Permitting Services has the authority to enforce the requirements of the Montgomery County Fire Safety Code as it pertains to new and existing buildings, facilities, elements, structures, and conditions. New buildings, new systems, or new conditions are subject to this regulation. 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. This regulation amends and replaces Executive Regulation No. 8-16 and 7-16. Unless otherwise noted, all references to the National Fire Codes and Standards adopted in this regulation are to those codes, standards, recommended practices and manuals in the National Fire Codes, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169. The references to these National Fire Codes and Standards are set forth in Section 22-14 of the Montgomery County Code, as amended. Terms used in this regulation that are defined in the state-adopted consensus codes have the meanings used in the consensus code. For the purpose of this regulation, the Director is the designated Authority Having Jurisdiction (AHJ) in NFPA 1. In accordance with the procedures authorized in Chapter 22, “Fire Safety Code”, of the Montgomery County Code, as amended, this Executive Regulation also applies to the design, installation, alteration, and maintenance of fire protection systems in buildings or structures. Where there are differences between this regulation and Chapter 8 (Buildings – Regulations) of the Code of Montgomery County Regulations, the more restrictive provision(s) will apply. In this regulation the term “Fire Chief” means the Fire Chief of the Montgomery County Fire and Rescue Service and includes the Fire Chief’s designees. The Department of Permitting Services has been delegated authority by the Fire Chief to enforce the requirements of the Montgomery County Fire Safety Code as it pertains to new and existing buildings, facilities, elements, structures, and conditions. Where the Public Safety Article, Annotated Code of Maryland, or the Montgomery County Code requires a permit, license, or certificate of approval be obtained, it must be obtained from the Department of Permitting Services, the State Fire Marshal, or other authority deemed appropriate by the County. Terms used in this regulation which are defined in the state-adopted consensus codes have the definitions as contained in consensus codes. For the purposes of this regulation, the Director is the designated Authority Having Jurisdiction (AHJ) as defined by NFPA 1. Standards Adopted. The following standards published by the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts 02169, are incorporated in these regulations except as expressly amended. 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 references to these National Fire Codes and Standards are set forth in Section 22-14 of the Montgomery County Code, as amended. The dates or editions of the individual codes and standards are as listed in this section. NFPA No. Code or Standard 1 Fire Code – 2021 edition 13 Standard for the Installation of Sprinkler Systems – 2019 edition 13D Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes – 2019 edition 13R Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies – 2019 edition 14 Standard for the Installation of Standpipe and Hose Systems – 2019 edition 20 Standard for the Installation of Stationary Pumps for Fire Protection – 2019 edition 72 National Fire Alarm and Signaling Code – 2019 edition 80 Standard for Fire Doors and Other Opening Protectives – 2019 edition 92 Standard for Smoke Control Systems – 2021 edition 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations – 2021 edition 101 Life Safety Code – 2021 edition 720 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment – 2015 edition 850 Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations – 2021 edition 1221 Standard for the Installation, Maintenance, and Use of Emergency Services Communication Systems – 2019 edition 1225 Standard for Emergency Services Communications – 2022 edition The Director must review this regulation and propose amendments within six months after the date the State Fire Prevention Commission adopts new amendments to NFPA 1 and NFPA 101 into the State Fire Prevention Code. Amend NFPA 1, Subsection 1.7.12.2 to add a second sentence “The AHJ is authorized to require plans to bear the stamp of a registered design professional.” Delete NFPA 1, Section 1.10. Delete NFPA 1, Subsection 1.11.3. Amend NFPA 1, Subsection 1.12.1, to add the following Subsection 1.12.1.1: 1.12.1.1 Permits, certificates, notices, approvals or orders required by this code must be governed by the policies and procedures of the AHJ. Amend NFPA 1, Subsection 1.12.6.13 to replace “Permits shall” with “Permits may”. Amend NFPA 1, Subsection 1.12.8 to replace “shall” with “may”. Amend NFPA 1, Subsection 1.13.2 to delete “Mandatory.” and replace “shall” with “may”. Delete NFPA 1, Subsections 1.13.12.4 and 1.16.4.3. Amend NFPA 1, Subsections 2.1.1, 2.1.1.1, and 2.1.1.2 to replace “Compliance” with “Where permitted by the AHJ, compliance”. Amend NFPA 1, Section 2.2 to delete the referenced publication NFPA 5000 Building Construction and Safety Code, 2021 edition. Wherever NFPA 5000 is referenced, other than for extracted text, substitute the building code adopted by the AHJ. Delete the referenced publication NFPA 150 Standard on Fire and Life Safety in Animal Housing Facilities, 2019 edition. Amend NFPA 1, Subsection 3.3.14 to add the following Subsection: 3.3.14.13 Consumer Fireworks Retail Sales Area. The portion of a consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for the purpose of retail display and sale to the public. Amend NFPA 1, Subsections as follows: (1) 3.3.108 to delete the wording and replace with the following: Existing. That which is already in existence greater than one calendar year after being approved, accepted, or commissioned by the authority having jurisdiction; (2) 3.3.136 and Subsection 3.3.136.1 to add “and as referenced in Public Safety Article, § 10-101, Annotated Code of Maryland; (3) amend Subsection 3.3.199.6 to delete “more than 3 but”; (4) amend Subsections 3.3.199.7 and 6.1.4.1 to delete “four or more”; (5) amend Subsections 3.3.199.11, 3.3.199.16, 3.3.199.24, 3.3.199.28, 6.1.5.1, and 6.1.9.1 to replace “four” with “six”; and (6) amend Subsections 3.3.199.25, 3.3.199.25.1, and 6.1.8.1.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”. Amend NFPA 1, Subsection 4.5.8.1 to delete the phrase “for compliance with the provisions of this Code”. Amend NFPA 1, Subsection 4.5.8.3 to delete the phrase “by the Code”. Amend NFPA 1, Subsection 10.1.2 to add “except as amended by COMAR 29.06.01.07, COMAR 29.06.01.08, and COMAR 29.06.01.09”. Amend NFPA 1, Subsection 10.2.7.1 to delete the existing wording and replace it with “Fire prevention inspections on existing premises may occur at a frequency as determined by the authority having jurisdiction. Recommended minimum inspection frequencies are contained in Table 10.2.7.1.” Amend NFPA 1, Subsections 10.4.1 and 10.4.2 to replace “AHJ” with “AHJ or incident commander”. Amend NFPA 1, Subsection 10.10.6.1 to replace “10 ft (3 m)” with “20 ft (6.1 m)”. Amend NFPA 1, Subsection 10.10.6.3 to add the following after the phrase “must be permitted.”: If the equipment is installed on any deck or overhanging portion, atop the roof, or within 20 ft (6.1 m) of a structure, it must also comply with all of the following: (1) the building must be equipped with an approved automatic sprinkler system. A standpipe with a hose valve outlet at the level of the proposed feature area must be available; (2) the equipment cannot be installed beneath any overhanging portion of the building; (3) canopies, trellis, or similar coverings for weather protection must be at least four (4) ft above the cooking surface and constructed of non-combustible materials; (4) portable cooking equipment is not permitted; (5) cooking with solid fuels is not permitted; (6) any furnishings or installations within ten (10) ft of the equipment must be noncombustible, including the flooring or ground cover; (7) a manual shut-off must be installed in a readily accessible location within six (6) ft of the appliance. The shut-off will stop the supply of fuel, or in the case of an electrical appliance, disconnect the power supply, in case of an emergency; (8) the equipment must have a timer not to exceed one hour which will automatically shut off the equipment in accordance with item g.; and (9) the cooking surface cannot be located within ten (10) ft of a property line or any operable openings into a building. Amend NFPA 1, Subsection 10.11.1 as follows: (1) amend 10.11.1 to replace “address numbers” with “premises identification”; (2) add Subsection 10.11.1.1 that reads, “Subject to the approval of the AHJ, individual suites within structures and rear entrances and/or access from service corridors must be clearly identified; (3) amend Subsections 10.11.1.2, 10.11.1.6, 10.11.1.7 and 10.11.1.8 to replace “Address numbers” with “Premises identification”; (4) amend Subsection 10.11.1.4 to delete existing wording and replace with “Where required by the AHJ, the assignment of addresses to buildings must be in accordance with an approved method.”; (5) delete Subsection 10.11.1.5; and (6) add 10.11.1.9 that reads, “Where required by the AHJ, symbols in compliance with NFPA 170, Standard for Fire Safety and Emergency Symbols, must be used.” Amend NFPA 1, Subsection to replace “any vehicles” with “any vehicles, buildings.” Amend NFPA 1, Subsection 10.15.5.1 to replace “Portable” with “Unless otherwise approved by the AHJ, portable”. Amend NFPA 1, Subsection A10.15.5.1 to add the following: For the purposes of reducing the distances between the operation and refueling of portable and vehicle-mounted generators and any building or enclosure opening, including windows, doors, and air intakes, one or more of the following conditions may be considered: (1) nature of the occupancy of the building or enclosure; (2) expected duration of generator use; (3) use of certified low CO emission generators; (4) actual available distance between the generator and building or enclosure openings; (5) installation of approved CO detection within the building or enclosure; (6) openness of building or enclosure perimeter walls and ceiling; or (7) physical barriers or other means to deflect generator exhaust from building or enclosure openings. Amend NFPA 1, Section 10.16 to add the following Subsection 10.16.6 as follows: The AHJ has the authority to require that outdoor storage of any combustible material be enclosed by an approved fence or other protective enclosure to prevent unauthorized access. Amend NFPA 1, Subsection 10.16.1 to replace “10 ft (3 m)” with “15 ft (4.6 m)” and “property line” with “property line, building, or adjacent pile of combustible material”; and add the following: The AHJ may increase the separation distance where the AHJ determines that a higher hazard to the adjoining property exists. Amend NFPA 1, Subsection 10.16.5 to add the phrase “and 10,000 ft2 in area”. Amend NFPA 1, Subsection 10.19.7 to replace “repaired” with “repaired on any balcony, under any overhanging portion, or”. Amend NFPA 1, Section 11.1 to add the following Subsection: 11.1.9 Clearance. A clear space of not less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height must be provided in front of electrical service equipment. Where the electrical service equipment is wider than 30 inches (762 mm), the clear space must not be less than the width of the equipment. No storage of any materials must be located within the designated clear space. Exception: Where other specialized dimensions are required or permitted by NFPA 70. Amend NFPA 1, Subsection 11.1.5.6 to delete existing wording and replace with the following: Extension cords cannot be used as a substitute for permanent wiring. Amend NFPA 1, to add Subsections 11.1.7.2.1 and 11.1.7.2.2 to read: 11.1.7.2.1 In new buildings, excluding one- and two-family dwellings, a shunt trip to disconnect the electrical service to the building must be provided as follows: (1) in the emergency command center, where an emergency command center is in the building; (2) at the fire alarm annunciator, where there is a fire alarm annunciator and where there is no emergency command center; and (3) in an appropriately sized and weatherproof fire department access box on the address side of the building, where there is no emergency command center or fire alarm annunciator. 11.1.7.2.2 In existing buildings, excluding one- and two-family dwellings, where there are significant upgrades to the building electrical service, such as modifying or replacing the switchgear, a disconnecting means must be provided as for new installations. Amend NFPA 1, Subsection 11.1.7.3 to add the following Subsection: 11.1.7.3.2 Doors to electrical control panel rooms must be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording in contrasting letters not less than 1 inch (25 mm) high and not less than 1/4 inch (6.4 mm) in stroke width. Amend NFPA 1, Subsection 11.3.6.1 to add the following sentence: Keys for new elevators must be cut to a uniform key code to comply with the Maryland State Elevator Code. Amend NFPA 1, Subsection 11.9.1 to replace “approved by the fire department” with “approved by the AHJ”. Amend NFPA 1, Subsection 11.9.1 to add the following Subsections: 11.9.1.1 In new installations, the emergency command center must have a door directly to the exterior of the building on the address side. The exterior door to the emergency command center must be within 50 feet, measured along the path of travel, of a fire department access road. A fire department access box must be provided within six (6) feet of the door to the emergency command center. 11.9.1.2 The exterior door to the emergency command center must have an all-weather sign with raised letters on a contrasting background, not less than 1 inch in size reading: EMERGENCY COMMAND CENTER. Amend NFPA 1, Subsection 11.9.5(8) to read as follows: (8) Fire pump status indicators and remote starting. Amend NFPA 1, Subsection 11.10.11.1 to replace “conducted as follows:” with “conducted as follows unless otherwise directed by the AHJ:”. Amend NFPA 1, Subsection 11.12.1 to add the following Subsection: 11.12.1.1 The provisions of this section do not apply to detached parking shade structures, carports, solar trellises and similar structures. Amend NFPA 1, Subsection 11.12.2.1.1 to replace the word “Buildings” with the phrase “New and existing buildings other than one- and two-family dwellings”. Amend NFPA 1, to add Subsection 11.12.3.3.3.1 that reads as follows: Where approved by the Director, a performance-based, alternative method of compliance may be permitted in accordance with NFPA 1, Section 1.4. Amend NFPA 1, Subsection 12.6.9.1 to add the following new Subsection: 12.6.9.1.2 The AHJ must: (1) approve the placement of a natural cut or balled tree; (2) limit the number of natural cut or balled trees displayed; and (3) order the removal of any tree if the tree poses a hazard to life or safety. Amend NFPA 1, Subsection 12.6.9.1.1 to replace “Christmas” with “Unless otherwise approved by the AHJ, Christmas”. Amend NFPA 1, Subsection 12.6.9.5 to add the following Subsection: 12.6.9.5.3 Combustible artificial decorative vegetation must be tested by a laboratory recognized by the Office of the State Fire Marshal. Amend NFPA 1, Subsection 12.6.9.6.1 to replace “1/2 in. (13 mm)” with “2 in. (50 mm)” and add the following sentence: “A natural cut tree must not exceed 10 ft. (3 m) in height, excluding the tree stand.” Amend NFPA 1, Section 13.1 to add the following Subsection: 13.1.14 Appearance of Equipment. The AHJ is permitted to prohibit any device that has the physical appearance of a life safety or fire protection function but does not perform that life safety or fire protection function. Amend NFPA 1, Subsection 13.1.3.1 to replace “by Chapters 11 through 43” with “by the AHJ or Chapters 11 through 43”. Amend NFPA 1, Subsection 13.1.3.2 to replace “by 9.3.5” with “by the AHJ or 9.3.5”. Amend NFPA 1, Subsection 13.2.1 by adding the following Subsection: 13.2.1.3 On existing buildings, wherever the fire department connection is not visible to approaching fire apparatus, an approved sign must be mounted at the street front or on the side of the building. Such sign must have the letters “FDC” not less than six (6) inches high and words in letters not less than two (2) inches high or an arrow to indicate the location of the connection. Approved existing signs are permitted to remain in place. Amend NFPA 1, Subsection 13.2.2.2 to add new item (6) that reads: Where the building code adopted by Montgomery County requires a Class III system, a Class I system is permitted. Amend NFPA 1, Subsection 13.3.1.2 to add the following Subsection: 13.3.1.2.1 For new ceiling installations, drop-out ceilings as referenced in NFPA 13, Subsections 9.2.16 and 9.3.11 are prohibited. Amend NFPA 1, Subsection 13.3.1.8.2.1 to read: “Where supervised automatic sprinkler protection is required by another section of this Code, waterflow alarms must be automatically transmitted to a listed central station.” Amend NFPA 1, Subsection 13.3.2.26.5 to delete existing wording and replace with the following: An automatic sprinkler system must be installed throughout all mini-storage building fire areas greater than 2500 ft2 (232 m2) and where any of the individual storage units are separated by less than a 1-hour fire resistance-rated barrier. Fire areas are defined by approved fire barriers having a fire resistance rating of not less than 3 hours. Amend NFPA 1, Subsections 13.3.3.1 and 13.3.3.2 to delete the phrase “installed in accordance with this Code.” Amend NFPA 1, Subsection 13.4.1 to add the following Subsection: 13.4.1.1.1 A fire pump component, including the pump, driver, or controller, must be permitted to be installed in below-ground vaults or pits unless otherwise approved by the AHJ. Amend NFPA 1, Subsection 13.6.1.2 to add the phrase “, unless otherwise permitted by the AHJ.” Amend NFPA 1, Subsections 13.6.4.1.2.1 and 13.6.4.1.2.3 to replace “certified” with “certified or licensed as required by the AHJ”. Delete Subsections 13.6.4.1.2.1.1,, 13.6.4.1.2.1.4, and 13.6.4.1.2.1.5. Amend NFPA 1, Subsection 13.7.1.7.6 as follows: (1) Add the following sentence to the end of the section: “This Subsection does not permit the omission of manual fire alarm boxes in accordance with other provisions of this Subsection unless specifically permitted by Chapters 11 through 43.” (2) Add two new Subsections as follows: 13.7.1.7.6.1 Zoned fire alarm systems must have manual pull stations located at the entrance to each exit enclosure and at the main exit. 13.7.1.7.6.2 When a fire alarm system is required in a multiple tenant building, for each tenant exiting directly to the exterior of the building, a manual pull station and approved occupant notification must be located at each required or marked exit. Amend NFPA 1, Subsection 13.7.1.7.9 to add the following sentence: “In environments not suitable for smoke detectors, alternate means of detection must be provided and must comply with NFPA 72 Section 10.3 (2019 edition).” Amend NFPA 1, Subsection 13.7.1.9.2.1, delete the phrase “lobby,”. Amend NFPA 1, Subsection 13.7.1.9.4 by deleting the wording after “without delay” and replacing it with: to a listed central station in accordance with 13.7.1.10.” Amend NFPA 1, Subsection 13.7.1.9.8 by adding a second sentence to read: “Required audibility must be met with all intervening doors (between any space and the audible devices) closed.” Amend NFPA 1, Subsection 13.7.1.9.10 as follows: (1) amend 13.7.1.9.10, 13.7.1.9.10.1, and 13.7.1.9.10.2 to delete the word “live”; (2) amend Subsection 13.7.1.9.10.2(1), delete the phrase, “, either live or recorded,”; and (3) where voice type occupant notification is used, automatic pre-recorded messages must be used complying with Section 13.7. Live voice as the sole notification method is prohibited – except that previously “approved” live voice systems are permitted to remain. Amend NFPA 1, Subsection 13.7.1.10.2 by deleting the list of four items and replace the phrase “via any of the following means acceptable to the AHJ” with “by a listed central station fire alarm system”. Delete NFPA 1, Subsections 13.7.1.10.3, 13.7.1.13.9.4, 13.7.1.13.9.5, 13.7.2.1.4.2(3), 13.7.2.3.4.2(5), 13.7.2.13.2.3(3), 13.7.2.14.6.3(3), 13.7.2.15.6.3(3), 13.7.2.16.6.3(3), 13.7.2.17.6.3(3), 13.7.2.18.5.4, 13.7.2.19.4.3(3), and 13.7.2.20.9.3(3). Amend NFPA 1, Subsection 13.7.1.11.2(3) by adding the following sentence: “Manual fire alarm initiation must not activate floor or zone-dependent smoke control systems.” Amend NFPA 1, Subsections 13.7.2.3.1.2 and 13.7.2.4.1.2 to add Subsections 13.7.2.3.1.2.1 and 13.7.2.4.1.2.1 that reads: For the purposes of this Section, each industrialized building, which is an independently certified unit serving as a portable or temporary classroom, must be considered a single building regardless of the number of units in the cluster sharing an egress system. Amend NFPA 1, Subsections 13.7.2.5.5 and 13.7.2.6.5 to add the following exception: Exception: Day-care occupancies located in school facilities where enrollment is limited to children capable of self-preservation, where no sleeping facilities are provided, and the school is provided with approved full automatic sprinkler protection. Amend NFPA 1, Subsection 13.7.2.5.6.4 to add the following: For compliance with NFPA 101, Subsection 43.7.2.1(2), approved battery-powered smoke alarms, rather than house electrical service-powered smoke alarms must be permitted where the facility has testing, maintenance, and smoke alarm replacement programs that ensure reliability of power to the smoke alarms. Amend NFPA 1, Subsection 13.7.2.6.6.5 to delete “existing” and replace “battery” with “smoke alarm”. Amend NFPA 1, Subsection 13.7.2.13.1.3 to add at the end of the sentence: “...only if the existing smoke alarms comply with Public Safety Article § 9-109, Annotated Code of Maryland.” Amend NFPA 1, Subsections and 13.7.2.22.7.1 by adding at the end of the sentence, “...and have secondary battery back-up power.” Amend NFPA 1, Subsection 13.7.2.22.8.1 to delete “13.7.2.22.8.2 and”. Delete Subsection 13.7.2.22.8.2. Amend NFPA 1, Subsections 13.7.2.23.1 and 13.7.2.24.1 to delete the existing wording and replace as follows: Class A mercantile occupancies and multiple story Class B mercantile occupancies must have a fire alarm system in accordance with Section 13.7 and NFPA 101. Amend NFPA 1, Subsections 13.7.2.28.1.2 and Section 13.7.2.28.1.3 to replace “Storage occupancies” with “Storage occupancies less than three stories”. Amend NFPA 1, Subsection 13.7.2.29.3.1 by adding a new Subsection 13.7.2.29.3.1.1 as follows: 13.7.2.29.2.1.1 In buildings having an approved staged evacuation plan, the voice fire alarm communication system must send approved information and direction in a pre-recorded message. In high-rise buildings, the message must be provided to at least the floor where the alarm originated, to the floor immediately below, and to the floor immediately above. Any subsequent alarm(s) on other than the initial fire floor must initiate the voice fire alarm as described above. The voice fire alarm must be designed to be heard clearly by all occupants within the designated portions thereof as required by NFPA 101, Section 9.6, but it must not sound automatically in elevator cars and enclosed exit stairways. Communicating levels must be considered one floor/fire area for the audible and visual fire alarm signals. Amend NFPA 1, Subsection 14.5.2.7 item (2) to add subitem “(d)”, and Subsection 14.5.2.7.1 to add item “(7)” that reads as follows: “All stairway doors must unlock simultaneously, without unlatching, upon a signal from the emergency command center, if one is present.” Amend NFPA 1, Subsection to add an item (6), to read: (6) Entry levels must provide free access to an approved second exit. These levels must be designated in “core/shell” building permit drawings with future tenant layouts arranged accordingly. Amend NFPA 1, Table 14.8.1.2 to add the following: Use | | (ft 2 per person) | (m 2 per person) Assembly Use | Tennis court (area of play) | 50 net | 15.24 net Assembly Use | Bars g | 18 linear in./person | 455 linear mm/person Business Use | Core/shell | 65 (gross) | 6 (gross) g : Measured at the patron side of the bar Amend NFPA 1, Subsection 14.13.1.2 to replace the word “only” in the first sentence with “, but not be limited to,”. Amend NFPA 1, Subsection 14.14.8.3.1 to add: If the sign is on the door, then the door must be equipped with an approved self-closing device. Amend NFPA 1, Section 18.1 to add the following Subsections: 18.1.1.3 Alternative Application. The alternative application of performance-based design, as specified in Chapter 5 of NFPA 1, Fire Code, may be used to achieve compliance with any fire department apparatus access requirement. Performance-based design is intended to address a construction method or practice that cannot be effectively addressed by prescriptive code. An appropriate, alternative design which provides an equivalent level of safety or protection must be proposed. Use of performance-based design is at the discretion of the design professional and is subject to approval by the Director. It is the intent of this Subsection to be administered in a manner consistent with The Fire Department Access Guidelines Document, Chapter 49, Streets and Roads, of the Montgomery County Code, and its executive regulations. 18.1.1.4 Definitions. For the purposes of fire department access and water supply, the following definitions apply: (1) Fire Department Apparatus Access. Any required public, private, or access roads, driveways, parking lots, shoulders, and buffers, whose use is required to allow access and operational setup for firefighting and rescue apparatus. Not all roadways are required for fire department apparatus access. The Director may require, and must approve, all suitable gates, access boxes, and fire lanes to ensure adequate fire department apparatus access. (2) One- and Two-Family Dwellings. Detached one- and two-family dwellings and attached single-family dwellings (townhomes) not more than three stories in height, with no dwellings superimposed over the dwelling or portion thereof, and having no window opening or visual wall treatments that resemble a window opening, greater than 27 feet above adjoining grade measured to the bottom of the opening, with a separate, independent means of egress. (3) Commercial Residential: Any apartment building as defined by NFPA 101, and any townhouse greater than three stories in height, having a window opening with an exterior height greater than 27 feet above adjoining grade measured to the bottom of the opening, or having a dwelling superimposed over another dwelling or portion thereof, will need to meet “commercial” requirements with regard to fire department access requirements. (4) Operating Bay. Clear and unobstructed fire department apparatus load bearing surface along fire department apparatus access that increases operating width to a minimum of 26 feet wide. It may be defined by bollards and accessed via 3-inch mountable curb. The minimum length of an operating bay is 50 feet. Amend NFPA 1, to add new Subsection 18.1.3.1.1 that reads: A fire department apparatus access plan may be required as part of any development or re-development plan. Amend NFPA 1, Subsection 18.1.3.2 to delete the existing wording and replace with the following: Existing and proposed fire hydrant locations in accordance with 18.5 must be indicated on the fire department access plan for review and approval by the AHJ. Amend NFPA 1, Subsection 18.2.2.1, to add two new Subsections as follows: 18.2.2.1.1 All occupancies other than one- and two-family dwellings must have an approved access box. Exception 1: The requirement for an access box does not apply when the occupancy provides 24-hour on-site staffing with access to all areas in the building or complex. At least one person is required to staff a fixed location proximate to the main building or complex entrance to provide immediate access for the fire department. Exception 2: For multiple occupancies located within a single structure, a single access box is permitted with approval of the AHJ. Exception 3: For multiple structures within a residential building complex, a single access box is permitted with approval of the AHJ. 18.2.2.1.2 The size, contents, and location of the access box must be determined by the AHJ in cooperation with the occupancy owner or management. Amend NFPA 1, Subsection 18.2.3.2.1 to replace the phrase “exterior door” with “exterior door acceptable to the AHJ” and add the following sentence: “In new installations, not less than one exit stair which serves all stories of the building must be accessible by an internal corridor from the main entrance of the building or fire department response location.” Amend NFPA 1, Subsection 18.2.3.2.2 to add the following sentence at the end of the Subsection: “The exterior route around the building(s), including townhomes of any height in clusters of four (4) or more, must be at least 15 feet of unobstructed, walkable grade unless otherwise approved by the Director.” Delete NFPA 1, Subsection 18.2.3.4. Amend NFPA 1, Subsection 18.2.3.5.1.1 to add the following sentence and Subsections: Unobstructed width may include multiple features of the cross-section, such as travel lanes, bike lanes, and load-bearing shoulders provided the width is continuous and no obstructive features intervene in the cross-section. Obstructive features include, but are not limited to, parking lanes, green space, and non-mountable curbs. (1) On-street parking is permitted on one side if the fire department apparatus access is at least 28 feet wide. (2) On-street parking is permitted on both sides if the fire department apparatus access is at least 36 feet wide. (3) Fire department apparatus access serving only one- and two-family dwellings may be 26 feet wide and allow parking on one side, if there are 50-foot long operating bays at 300-foot intervals. Amend NFPA 1, Subsection 18.2.3.5.2 to delete the existing wording and replace with the following: Fire apparatus access roads must be provided with an all-weather surface and designed to support imposed loading requirements of the largest MCFRS fire apparatus. Elevated decks designated as “fire department apparatus access” must have an all-weather surface and be load-bearing up to 75 pounds per square inch, as specified in the 2016 NFPA 1901, Standard for Automotive Fire Apparatus, Section 19.21, or as approved by the Director. Amend NFPA 1, Subsection 18.2.3.5.3.1 to delete the existing wording and replace with the following: The minimum interior turning radius for a fire department apparatus access roadway is 25 feet. The minimum exterior turning radius for a fire department apparatus access roadway is 50 feet. This is only required at turning points on fire department apparatus access routes. Amend NFPA 1, Subsection 18.2.3.5.4 to add the following at the end of the sentence: A cul-de-sac at the closed end must be at least 90 feet in diameter, and a “T-turnaround” must have each leg of the tee at least 60 feet long and 20 feet wide. Amend NFPA 1, Subsection 18.3.1.1 to delete the existing wording and replace with the following: “In non-municipally supplied areas, static water sources must comply with the 2017 edition of NFPA 1142, Water Supplies for Suburban and Rural Firefighting. Existing roads providing a means of access to a required water supply must comply with the minimum criteria set forth in Section 7.5 of the 2017 edition of NFPA 1142. The minimum water supply must be available and accessible prior to any new construction. (1) If an acceptable water supply does not exist at the time of subdivision of any new residential development or redevelopment, comprised of more than one one- or two-family dwellings, with fire department access roads for the development having aggregate travel distance of 2200 feet or more, adequate fire department water supply must be provided. (2) If an acceptable water supply does not exist on-site and within 1,000 feet of the structure(s) for any new commercial development or redevelopment, the applicant must install a new, or upgrade an existing, on-site water supply that is acceptable to the Director. a. A dry hydrant, in accordance with Chapter 8 of NFPA 1142, must be located along an approved fire apparatus access road in accordance with Section 18.5. b. The approved water supply must comply with NFPA 1, Section 18.4. Amend NFPA 1, Subsection 18.5.1 to add “and existing” after the words “all new” and before the word “building,”. Amend NFPA 1, Subsection 18.5.1.6 to replace “12 ft (3.7 m)” with “7 ft (2.1 m)”. Amend NFPA 1, Subsection 18.5.2, items (1) and (2) to replace “600 ft. (183 m)” and “800 ft (244 m)”, with “400 ft (122 m)” and “500 ft (152 m)”, respectively. Amend NFPA 1, Subsection 18.5.4.2 to delete the existing wording and replace with the following: For new and existing structures, the hydrant closest to the property must be capable of delivering a minimum flow of 1,000 gallons-per-minute with 20 psi residual pressure calculated at the non-flowing hydrant. The next closest hydrant must be capable of flowing a minimum of 500 gallons-per-minute at the same time. Amend NFPA 1, Subsection 20.2.4.2.3 to delete the existing wording and replace with the following: Fire emergency egress drills must be conducted as follows: (1) not less than one fire emergency egress drill must be conducted every month the facility is in session, unless the following criteria are met: (a) in climates where the weather is severe, the monthly fire emergency egress drills are permitted to be deferred; and (b) in educational occupancies which are: (i) fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills will be five (5), with at least two (2) of the required drills must be conducted in the first four (4) months of the school year; or (ii) not fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills must be eight (8) with at least three (3) of the required drills conducted in the first four (4) months of the school year; (2) all occupants of the building must participate in the fire emergency egress drill; and (3) one (1) fire emergency egress drill, other than for educational occupancies that are open on a year-round basis, must be required within the first 30 days of operation. Amend NFPA 1, Subsections 20.3.4.1.1 and 20.3.4.1.2 to delete the phrase “more than 3, but” and the “,” after “12”. Amend NFPA 1, Subsection 20.3.4.1.6 to delete the wording after “where operating” and replace with the following: “a day-care in which eight or less clients receive care, maintenance, or supervision while services are being held in the building.” Amend NFPA 1, Subsection 20.3.4.2.2.2(3) to replace the word “building” with “day-care”. Amend NFPA 1, to add new Subsection 20.16.1.3 that reads as follows: “In new buildings, where the aggregate gross floor area exceeds 100,000 square feet, or where the floor of an occupiable story is greater than 75 ft (23 m) above the lowest level of fire department vehicle access, an emergency command center, in accordance with Section 11.9, is required. Exception: Buildings or structures used exclusively for open-air parking.” Amend NFPA 1, Subsection 25.2.2.1 to add the phrase “or other approved testing standard approved by the State Fire Marshal”. Amend NFPA 1, Subsection 26.1.5 to add the following Subsections: 26.1.5.2 When requested by the AHJ, a hazard assessment must be conducted by a technically qualified person acceptable to the AHJ. 26.1.5.3 When requested by the AHJ, a list of hazardous materials used in each laboratory must be provided. The list must specify the chemical name, quantity and hazard class. 26.1.5.4 New laboratories or laboratories where the NFPA 45 laboratory hazard classification changes must post an information placard near the main entrance to the laboratory. The placard must state the building name or address, room number, NFPA 45 laboratory hazard classification, edition of NFPA 45, maximum allowable quantities of flammable liquids both inside a storage cabinet and open use, and maximum quantities of flammable gases permitted within the laboratory. Amend NFPA 1, Subsection 31.3.6.2.2 to add the following item: (9) Piles containing leaves and other extraneous or hogged material, such as whole tree chip piles, must be turned or reclaimed at least every 3 months. Amend NFPA 1, Subsection 31.3.6.3.2 to delete the existing wording and replace with the following: Piles may not exceed 20 feet in height, 50 feet in width, and 350 feet in length. Amend NFPA 1, Subsection 34.1.3 to replace “An approved storage” with “Where required by the AHJ, an approved storage”. Delete NFPA 1, Chapter 35, Animal Housing Facilities. Amend NFPA 1, Subsection 38.6.1.6.1.4 to replace “or approved” with “or certified by a nationally recognized testing laboratory”. Amend NFPA 1, Section 42.7.5 to add the following Subsections: 42.7.5.7 Management/owners officials or employees must conduct daily site visits to ensure that all equipment is operating properly. 42.7.5.8 Regular equipment inspection and maintenance at the unattended self- service facility must be conducted. 42.7.5.9 Fuel dispensing equipment must comply with one of the following: (1) The amount of fuel being dispensed is limited in quantity by preprogrammed card; or (2) Dispensing devices must be programmed or set to limit uninterrupted fuel delivery of not more than 25 gallons and must require a manual action to resume continued delivery. Amend NFPA 1, Subsection 42.7.5.5 to add the following: The following information must be conspicuously posted in this area: (1) the exact address of the unattended self-service facility; and (2) the telephone number of the owner or operator of the unattended self- service facility. Amend NFPA 1, Subsection 50.8.1 to add the following Subsections: 50.8.1.7 Commercial Outdoor Cooking Operations. These requirements apply to commercial outdoor cooking operations such as those that typically take place under a canopy or tent-type structure at fairs, festivals and carnivals. This includes, but is not limited to, deep frying, sauteing, and grilling operations. 50.8.1.7.1 Tent and Canopy Requirements. 50.8.1.7.1.1 Tents or canopies where cooking equipment not protected in accordance with NFPA 96 are not permitted unless otherwise approved by the AHJ. 50.8.1.7.1.2 All tent and canopy material must comply with flame resistance requirements of Section 25.2.2. 50.8.1.7.2 LP Gas Fuel Requirements. 50.8.1.7.2.1 LP gas tank size is limited to 60 pounds. The total amount of LP gas on site must not exceed 60 pounds for each appliance that is rated not more than 80,000 btu/hr and 120 pounds for each appliance rated more than 80,000 btu/hr. 50.8.1.7.2.2 Tanks must be maintained in good physical condition and must have a valid hydrostatic date stamp. 50.8.1.7.2.3 Tanks must be secured in their upright position with a chain, strap, or other approved method that prevents the tank from tipping over. 50.8.1.7.2.4 Tanks must be located so that they are not accessible to the public. LP gas tanks must be located at least 5 feet from any cooking or heating equipment or any open flame device. 50.8.1.7.2.5 All LP gas equipment must be properly maintained and comply with the requirements of NFPA 58. 50.8.1.7.2.6 Regulators. Single-stage regulators must not supply equipment that is rated more than 100,000 btu/hr rating. Two-stage regulators must be used with equipment that is rated more than 100,000 btu/hr. 50.8.1.7.3 General Safety Requirements. 50.8.1.7.3.1 All electrical cords must be maintained in a safe condition and must be secured to prevent damage. 50.8.1.7.3.2 Moveable cooking equipment must have wheels removed or must be placed on blocks or otherwise secured to prevent movement of the appliance during operation. 50.8.1.7.3.3 Portable fire extinguishers must be provided in accordance with NFPA 1, Section 13.6, and must be specifically listed for such use. 50.8.1.8 There must be no obstructions or impediments to immediate escape from vehicles or other mobile units used for cooking operations. Amend NFPA 1, Subsection 50.8.7.4.4 to replace “not be transported or stored inside the vehicle” with “be secured in an upright position during transport and storage”. Amend NFPA 1, 52.1.1 to add the following to the end of the sentence: “and NFPA 855.” Amend NFPA 1, Chapter 52, to add the following Section and Subsections: 52.10 ELECTRICAL VEHICLE (EV) CHARGING STATIONS. 52.10.1 General. The provisions of this Section apply to installation of electric vehicle charging stations. Exception: EV charging station(s) in Group R-4 occupancies must comply with Section 52.10.11. 52.10.2 Construction documents. The following information must be provided with the permit application: (1) location and layout diagram of the room or area in which the EV charging station is to be installed; (2) the quantities and types of EV charging station(s) to be installed; (3) manufacturer’s specifications, ratings and listings of each EV charging station; (4) description of energy (battery) management systems and their operation; (5) location and content of required signage; (6) details on fire suppression of the EV charging station, including but not limited to, smoke or fire detection, thermal management, ventilation, exhaust and deflagration venting systems, if provided; and (7) support arrangement associated with the installation, including any required seismic restraint. 52.10.3 Installation and listing. Where provided, electric vehicle charging stations must be installed in accordance with NFPA 70. Electric vehicle charging station equipment must be listed and labeled in accordance with UL 2202. Electric vehicle supply equipment must be listed and labeled in accordance with UL 2594. 52.10.3.1 Electrical disconnects. Where the EV charging station disconnecting means is not within sight of the main electrical service disconnecting means, placards or directories must be installed at the location of the main electrical service disconnecting means indicating the location of EV charging station(s) disconnecting means in accordance with NFPA 70. 52.10.3.2 Vehicle impact protection. Where EV charging station are subject to impact by a motor vehicle, impact protection must be provided. 52.10.4 Location. 52.10.5 Fire detection. An approved automatic smoke detection system or radiant energy-sensing fire detection system must be installed in the EV charging station area where located in enclosed parking garages. An approved radiant energy-sensing fire detection system must be installed to protect open parking garage and rooftop installations. Alarm signals from detection systems must be transmitted to a central station in accordance with NFPA 72. 52.10.5.1 System status. Visible annunciation must be provided on cabinet exteriors or in other approved locations to indicate that potentially hazardous conditions associated with the EV charging station are present. 52.10.5.3 Elevation. EV charging station cannot be located in the following areas: (1) where the floor is located more than 75 feet (22,860 mm) above the lowest level of fire department vehicle access; (2) where the floor is located more than one level below the lowest level of exit discharge; 52.10.6 Fire suppression systems: Enclosed parking garages containing EV charging stations mut be protected by an automatic sprinkler system designed and installed in accordance with the following: (1) an automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a minimum density of 0.3 gpm/ft2 91.14 L/min) based on the fire area or 2,500 square-foot (232 m2) design area, whichever is smaller. 52.10.7 Reserved. 52.10.8 Exhaust ventilation. Where installed in enclosed parking garages, exhaust ventilation of areas and containing EV charging stations must be provided in accordance with the International Mechanical Code and Section 52.10.8.1 or 52.10.8.2. 52.10.8.1. Ventilation based on LFL. The exhaust ventilation system must be designed to limit the maximum concentration of flammable gas to 25 percent of the lower flammable limit (LFL) of the total volume of the room, area or walk-in unit during the worst-case event of simultaneous charging of batteries at the maximum charge rate, in accordance with nationally recognized standards. 52.10.8.2 Ventilation based on exhaust rate. Mechanical exhaust ventilation must be provided at a rate of not less than 1 ft3/min/ft2 (5.1 L/sec/m2) of floor area of the room, aera or walk-in unit. The ventilation must be either continuous or shall be activated by a gas detection system in accordance with Section 432.6.1.2.4. 52.10.8.2.1 Standby power. Mechanical exhaust ventilation must be provided with a minimum of 2 hours of standby power in accordance with NFPA 1, Section 11.7.4. 52.10.8.2.2 Installation instructions. Required mechanical exhaust ventilation systems must be installed in accordance with the manufacturer’s installation instructions and the International Mechanical Code. 52.10.8.2.3 Supervision. Required mechanical exhaust ventilation systems must be supervised in accordance with NFPA 72 or initiate an audible and visible signal at an approved constantly attending on-site location. 52.10.9 Separation. The EV charging station must be separated from doors, windows, operable openings into buildings or HVAC inlets by at least 10 feet (1,524 mm). 52.10.9.1 Means of egress separation from EV charging station. EV charging stations located outdoors and in open parking garages must be separated from any exit or exit component as required by the AHJ to ensure safe egress from the EV charging station under fire conditions, but in no case can an EV charging station be separated by less than 10 feet (3,048 mm). EV charging stations located in enclosed parking structures must be located no less than 25 feet from any exit door. 52.10.10 Special installations. Rooftop and open parking garage EV charging station installments must comply with this section. (1) A Class 1 standpipe outlet must be installed at an approved location on the roof level of the building or in the stairway at the top level. (2) The EV charging station must be the minimum of 10 feet (3,048 mm) from the fire service access point on the rooftop. 52.10.11 Spill control and neutralization. Areas containing free-flowing liquid electrolyte or hazardous materials must be provided with spill control and neutralization in accordance with this section. 52.10.11.1 Spill control. Spill control must be provided to prevent the low of liquid electrolyte or hazardous materials to adjoining rooms or areas. 52.10.11.2 Neutralization. An approved method that is capable of neutralizing spilled liquid electrolyte from the largest battery or vessel to a pH between 5.0 and 9.0 must be provided. Amend NFPA 1, Section 65.1 to add the following Subsections: 65.1.3 Blasting Operations General Requirements. 65.1.3.1 Notifications. Written notification by e-mail or facsimile must be provided to the Office of the State Fire Marshal Bomb Squad at least 24 hours prior to each blast. The name of the company or contractor performing the blasting and the location, date, and approximate time must be identified. The geographical coordinates (longitude and latitude) must be provided. 65.1.3.2 Complaints. If requested by a property owner registering a complaint and considered necessary by the State Fire Marshal, measurements on three consecutive blasts, using approved instrumentation, must be made near to the structure in question. 65.1.3.3 Special Precautions. When blasting operations, other than those conducted at a fixed site such as a quarry, are to be conducted within 200 feet of a pipeline or high voltage transmission line, the contractor must take additional precautionary measures and must notify the owner of the line, or the owner’s agent, that blasting operations are intended. Approval documents from the utility purveyor must be provided to DPS for review prior to issuance of the blasting permit. 65.1.3.4 Reports. Blasting reports must be provided to the Montgomery County Fire Code Compliance section within one (1) business day of blasting instances. The reports must contain information as noted in Subsection 10.4.4.3 of NFPA 495, Explosive Materials Code, 2018 edition. 65.1.3.5 Sale and Use of Heaters and Stoves. 65.1.3.5.1 Gasoline Stoves. The sale or use of gasoline stoves or other similar fuel-burning cooking or heating appliances using Class I flammable liquids as defined in NFPA 1 Fire Code (2021 edition) and NFPA 30 Flammable and Combustible Liquids Code (2021 edition) is prohibited unless the appliance has been tested and listed by a testing laboratory accepted by the State Fire Marshal. The appliance must be installed, operated, and maintained in a safe manner in accordance with the prescribed recommendation of the manufacturer and the conditions stated in the listing by the respective testing laboratory. 65.1.3.5.2 Unvented Portable Kerosene-Fired Heaters. (1) The sale or use of unvented portable kerosene-fired heaters is permitted only if the heater or appliance meets the U.L. Subject 647 and bears the label of a testing laboratory accepted by the State Fire Marshal. (2) The heaters must only be used as permitted under Commercial Law Article, § 14-1310, Annotated Code of Maryland. (3) Each heater must contain a warning label stating: “This device must not be operated while unattended”. In addition, the heater must contain the manufacturer’s warning label required by Commercial Law Article, § 14-1310, Annotated Code of Maryland. 22.00.07.121 Delete NFPA 13, Subsection 8.2.3.6.1. Amend NFPA 13, Subsection 8.2.5, and add the following Subsection 8.2.5.1.1: Dry pipe systems may only be installed where heat is not adequate to prevent freezing. Amend NFPA 13, add new Subsection 9.2.3.6 that reads as follows: 9.2.3.6 Sprinklers are required under attached balconies or porches unless at least 50 percent of the longest exterior side is open to the atmosphere. Amend NFPA 13, to add Subsection 9.4.2.1.1, that reads as follows: In dwelling units, ordinary temperature rated sprinklers must be used. Amend NFPA 13, Subsection 9.4.2.4, to add the following: Immediate temperature sprinkler heads can only be installed in a high temperature area if an acceptable layout cannot be achieved with an ordinary temperature sprinkler head. Amend NFPA 13, Section 12.1 as follows: Listed residential sprinkler heads must be used in dwelling units and must be selected for use and installation as indicated in this Chapter and be positioned and spaced in accordance with Section 9.5. Amend NFPA 13, adding Subsection 11.1.1 that reads as follows: Extended coverage sprinklers are not permitted in speculative business and mercantile occupancies. Amend NFPA 13, adding Subsection 9.2.1.19.6 that reads as follows: Any canopy with the potential for extended vehicle standing or parking below must have sprinkler protection on the underside of the canopy. Amend NFPA 13, Subsection 9.2.1.7 that reads as follows: Combustible spaces filled with a listed non-combustible insulation do not require sprinkler protection and an additional insulation inspection is required prior to concealment. Amend NFPA 13, Subsection 9.2.4.2 to add new Subsection 9.2.4.2.1 that reads as follows: 9.2.4.2.1 When sprinklers are required, sprinklers must not be installed directly above shelving. Amend NFPA 13, Subsection 9.3.11.1 to delete the wording and replace with the following: For new ceiling installations, drop-out ceilings are prohibited. Amend NFPA 13, Subsections 16.9.3.1.1 and 16.11.2.1 to add: When a sprinkler system serves more than one level, each level must be consistently and separately valved by a listed and approved control valve. In addition, where a sprinkler system is required to activate a building fire alarm system, the sprinkler system must have a separate and distinct water flow detecting device for each floor and zone. Exception 1: In buildings not exceeding three floors and 3,000 square feet per floor. Exception 2: Unoccupied and unused attics may be zoned with the level below. Exception 3: Mezzanines not exceeding 3,000 square feet in area. Exception 4: Detention and correctional facilities. Amend NFPA 13, Section 16.12 to add the following requirements for fire department connections: System Demand (gpm) | No. of Inlets Up to 749 | 2 750-999 | 3 1,000 and above | 4 (1) Must be located within 100 feet of a fire hydrant, and between 18 and 48 inches from grade to the centerline of the inlets. (2) Multiple connects on the same building must be interconnected. (3) When a section of a building is fed by a connection (i.e., partial systems), permanent all-weather identification signs must be provided on connections. (4) Must be sized at least as large as the main sprinkler system riser pipe or the fire pump discharge line, whichever is larger. Amend NFPA 13, Subsection 19.2.1 to delete the wording and replace with the following: Calculations for new systems or new portions of systems must meet the criteria below. (1) Highest hazard and most demanding use allowed by building construction permit or property zoning. (2) Storage use: Available storage height for high storage of a class 4 non-encapsulated material. (3) All uses: 20% safety factor. For systems without a pump, this is based on the demand pressure only at the supply point. For systems with a pump, this is based on both the demand pressure and demand flow at the pump discharge. All design options, except grids in speculative buildings, must be explored. Exception to safety factor only: Owner-occupied buildings may use a lower safety factor if a pump would be necessary to achieve the 20%. Amend NFPA 13, Subsection 19.3.2.3 to delete (3) and (4). Amend NFPA 13, Subsection 5.1.2 to add: Pressure and flow availability as determined by a hydraulic information sheet received from a public utility must be used for new taps. Pressure and flow availability for existing taps must be determined by an interior flow test. In any case, the supply information must be corrected for the law hydraulic gradient. Fire pumps and fire pump/tank supplies must only be used where it is demonstrated that the public water supply is inadequate. Amend NFPA 13, Section 28.1 to add: (5) Finished surfaces must be completed within a 1 ft radius of sprinkler heads. Amend NFPA 13, Subsection 28.2.1.8 to add a third sentence: Pendent sprinkler heads must not be installed in plastic pipe until after the hydrostatic test is passed. Amend NFPA 13D, Subsection 1.1.1 to add a second sentence: This standard also applies to Day Care homes containing 12 clients or less if located within converted one- and two-family dwellings or townhouses. Amend NFPA 13D, Subsection 6.1.1 to add: Pressure and flow availability as determined by a public utility must be used and must be adjusted to the low hydraulic gradient. Booster pumps and pump/tank supplies may be used only where it is demonstrated that the public water supply is inadequate as determined by the Director of the Department of Permitting Services Amend NFPA 13D to add a new Subsection 6.1.1.1 that reads as follows: All calculations must include at least a 10% safety factor to account for minor field changes, unless a booster pump is necessary to obtain this safety factor. Amend NFPA 13D, Section 6.2 to add a new item that reads as follows: (6) System specific data plate on durable material to be fixed at sprinkler system main riser. Amend NFPA 13D, Subsection 7.5.6.1 to add: Where possible to maintain listed coverage, sprinkler heads must be positioned so as to eliminate the need to install sprinkler heads of a higher temperature rating. Amend NFPA 13D, Subsection 8.2.5.1 to add new Subsection 8.2.5.1.5: 8.2.5.1.5 Sprinkler heads in closets must not be located directly above shelves. Amend NFPA 13D, Subsection 8.3.4 to add the following after the word “garages”: “, unless located partially or wholly beneath living space.” Amend NFPA 13D, Subsection 9.1.2 to delete Methods (1), (2) and (4). Amend NFPA 13D, Subsection 11.1.1 to add the following sentence: Finished surfaces must be completed within a 1 ft radius of all sprinklers before the final inspection. Amend NFPA 13D, Subsection 11.2.1.4 to add a second sentence: When systems utilizing plastic pipe are being hydrostatically tested, pendent sprinklers are not permitted. Amend NFPA 13R, Subsection 5.4.3 to add the following: Antifreeze, dry pipe and preaction systems are prohibited in dwelling units and interior corridors leading to dwelling units. Amend NFPA 13R, Subsection 6.4.6.3.2 to add item (3): (3) Sprinkler heads in closets must not be located directly above shelves. Amend NFPA 13R, Subsection 6.11.1 to add the following sentence: The fire department connection must be a minimum of one 2 ½ inch inlet with a feed line sized at least as large as the main system riser. The fire department connection must be located on a fire department access road and be 18 to 48 inches from the centerline of the inlet to finish grade. Amend NFPA 13R, to add new Subsection 8.2.1.1 that reads as follows: All calculations must include at least a 10% safety factor to account for minor field changes, unless a listed fire pump is necessary to obtain this safety factor. Amend NFPA 13R, Section 9.1, to add the following: Pressure and volume availability as determined by a public utility must be used and must be adjusted to the low hydraulic gradient. Booster pumps and pump/tank supplies may be used only where it is determined that the public water supply is inadequate. Amend NFPA 13R, to add new Subsection 9.7.3 that reads as follows: Domestic pumps are permitted for townhomes. Amend NFPA 13R, Subsection 10.2.2 to add a new Subsection that reads as follows: 10.2.2.3 Pendent sprinkler heads must not be installed in plastic pipe until after the hydrostatic test is passed. Amend NFPA 14, Subsection 4.8.2 to delete the existing wording and replace with the following: Each fire hose valve must have a 2 ½ inch hose connection, 2 ½ inch to 1 ½ inch reducer, cap, and chain. Amend NFPA 14, Subsection 5.1.2 to add new Subsection 5.1.2.1 that reads as follows: New system installations must meet the following requirements: (1) Systems must be automatic wet type. (2) Standpipe systems in unheated areas must be automatic dry type. (3) Standpipe systems in detached open parking garages may be the manual dry type, if the piping is air supervised for breaks or open valves. (4) Occupant use hose is prohibited in new or existing buildings. (5) New standpipe systems must be Class I only. Amend NFPA 14, Subsection 6.4.3 to add Subsection 6.4.3.2 (Fire Department Connections): System Demand (gpm) | No. of Inlets Up to 749 | 2 750-999 | 3 1,000 and above | 4 Multiple connections on the same building must be interconnected. (1) When a section of a building is fed by a connection (i.e., partial systems), permanent all-weather identification signs must be provided on connections. Amend NFPA 14, Subsections 7.3.2.2.1.1 and 7.3.2.2.1.2 to add the following: (1) Measurement must be parallel or at right angles to walls. (2) Supplemental hose valves outside the stairs must not be located within tenant spaces unless hose reach requirements cannot be met by placement of valves in public corridors or by use of wall hydrants for spaces opening to the exterior. Hose valve locations must be marked by the placement of signs, the striping of columns, or other approved methods. Amend NFPA 14, Subsection 7.8.1 to add the following exceptions: Exception 1: In high-rise buildings, where booster pumps are necessary to produce the required residual pressures, pumps and piping systems must be sized to provide for the demand of the hydraulically most remote hose station, or the sprinkler system demand, whichever is greater. The standpipe system must also be sized to provide the required flow and pressure for all hose stations required to be flowing, when supplied by 150 psi at 1,000 gpm at the fire department connection(s). two sets of calculations will, therefore, be required under this exception. Exception 2: Systems in buildings that are not high-rise, and dry systems with no automatic water supply, may be sized to obtain the required flows and pressures, when supplied by 150 psi at 1,000 gpm at the fire department connection(s). Exception 3: In existing buildings, after shell occupancy, hose valves added to correct hose reach deficiencies created by tenant modifications may be supplied by 3 inch pipe without recalculation. Amend NFPA 20, Subsection 4.7.7.2 to add Subsection 4.7.7.2.1 that reads as follows: A relief valve is permitted to be installed to reduce operating pressure below 175 psi at high gradient. Amend NFPA 20, Subsection 14.2.3 to add the following: Fire pump control equipment must be inspected and approved by a Montgomery County electrical inspector before a fire pump performance test is performed and witnessed by a Montgomery County fire inspector. Amend NFPA 20, Subsection 4.20.7 to delete the existing wording and replace with the following: For other than static water supplies, relief valves must not be piped back into the source of the supply. Amend NFPA 72, Subsection 10.4.3 to add Subsection 10.4.3.1 that reads as follows: 10.4.3.1 When fire alarm equipment is installed in a parking garage or other similar space, if the AHJ determines that the humidity or temperature of the space or both cannot be maintained, then the fire alarm equipment must be listed for outdoor use and the environment where it is installed. Amend NFPA 72, Subsection 10.18.1.1 to add Subsection 10.18.1.1.3 that reads as follows: An annunciator with the following features is required when the building is greater than one story, has a sprinkler system, or has more than one type of alarm initiating device. Amend NFPA 72, Subsection 10.18.4 to add Subsection 10.18.4.3 that reads as follows: Annunciation must be in accordance with the following: (1) Annunciator must have a visible signal for each different floor, zone, and device type. Supervised computer screen or printer type annunciators may be used to meet this requirement if the zone identification is approved by the Director. (2) Unless approved by the Director, zones must not exceed a single floor, 52,00 square feet, or 300 linear feet. Sprinkler systems are permitted to be zoned under the applicable sprinkler standard. (3) In zones that are greater than 22,500 square feet, a graphic outline on or adjacent to the annunciator must be provided showing the building outline, fire alarm and sprinkler zone boundaries, “you are here” notation, north compass arrow, all stairways, stairway identification numbers, sprinkler zones, all standpipe risers, fire department connections, elevators, and the building address. (4) A lamp-type annunciator must have a lamp test switch unless the annunciator circuits are supervised. Amend NFPA 72, Subsection 10.18.3.1 to delete the existing wording and replace with the following: All required annunciation means must be located at, and be visible from, the main fire department entrance unless the building has a fire command center. Amend NFPA 72, Section 14.5 to add Subsection 14.5.8 that reads as follows: 14.5.8 Maintenance. The building owner must maintain a service contract for emergency repair of the system. The service contract must be such that telephone support is available within 2 hours, and on-site maintenance service can be provided within 24 hours of recognition that the in-building public safety radio enhancement system is not operating correctly. A copy of the contract must be submitted to the AHJ at the time of acceptance testing. If the service contract is terminated, both the building owner and contractor must notify the AHJ within 24 hours. Amend NFPA 72, Subsection 17.7.1.7 to add Subsection 17.7.1.7.1 that reads as follows: Detectors located at the top of shafts and stairs must be on a supervisory circuit only unless a confirmation or verification feature is provided. The location must be identified at the annunciator or fire alarm control panel. Amend NFPA 72, Subsection 17.7.4.5 to delete the existing wording and replace with the following: Activation of duct smoke detectors must sound an audible alarm in a normally occupied area or through the building fire alarm system and must be identified as duct detector. Where connected to the building alarm, the signal must be supervisory only and must not initiate the building evacuation alarm unless a confirmation or verification feature is provided. Amend NFPA 72, Subsection 17.13.3 to add Subsection 17.13.3.1 that reads as follows: Standpipe or main water flow indicators, if provided, must sound a supervisory signal only. Amend NFPA 72, Subsection 17.15.9.4 to add Subsection 17.15.9.4.1 that reads as follows: When fire alarm systems are not monitored by a UL listed central station, an approved permanent sign must be installed adjacent to each manual fire alarm box. The sign must read as follows: Local Alarm Only: (1) Activate Alarm (2) Exit Building (3) Call Fire Department Amend NFPA 72, Subsection 23.8.2.9.1 to read as follows: Where multiple control units are interconnected in a network arrangement and serve the same protected premises, the control units must be arranged to be reset or silenced from one location. Delete NFPA 72, Subsection 23.8.2.9.2. Amend NFPA 72, Subsection 24.8.16 by changing “two” to “six”. Amend NFPA 72, Subsection 24.9.2 to add Subsection 24.9.2.1 that reads as follows: Radio Coverage. Radio coverage must be provided throughout the building such that a minimum of 95% of the building (including underground levels, basements, elevators, stairways, etc.) is covered at a minimum of 95% of the time. Amend NFPA 72, Subsection 29.8.1.1 to add Subsection 29.8.1.1.1 that reads as follows: Enclosed rooms with a closet such as dens, libraries, studies, or sitting rooms which could be used as a sleeping area must be treated as sleeping rooms. Amend NFPA 80, as referenced by NFPA 1, Subsections 8.4.2.1.2, 10.4.1.2, 11.4.1.2, 11.4.3.2.2, and 13.4.2 to add the following: Release of fire doors and shutters must not be solely by fusible link and must be accomplished by one or more of the following: (1) approved local smoke detection at the doors; (2) approved area smoke detection per NFPA 72; or (3) full automatic sprinkler protection for NFPA 13 with water flow interlock. Amend NFPA 92, Subsection 4.4.2.1.5 by adding the following: At a minimum, the design must achieve the performance objectives in the condition with two doors open simultaneously. If there is a door directly to the outside from the stair, the exterior door must be one of the two doors used in the design. Amend NFPA 92, Subsection 5.2.3.1 by adding the following: The design fire must be not less than 5,000 Btu/s (5,275 kW) unless approved by the AHJ. Amend NFPA 96, as referenced by NFPA 1, Subsection 1.1.1, to add an exception to read: In places of worship and day care facilities, protection is permitted to consist of the following: (1) electrical range with not more than four heating elements, each heating element must be electronically controlled to limit the element temperature to below 670 degrees F; (2) a shunt trip must be installed for the electric range. If building is equipped with a fire alarm system, the shunt trip must be interconnected with the fire alarm system. If the building is not equipped with a fire alarm system, other automatic means/devices, approved by the AHJ, to cut off power to the unit must be installed in the kitchen; (3) kitchen must not be located more than one story above the level of exit discharge; (4) kitchen must not be located more than one story below the level of exit discharge; and (5) kitchen must be separated from adjoining areas by fire barriers with a fire resistance rating of one hour or greater; OR, the kitchen must be protected with automatic sprinklers. Amend NFPA 1221, Subsection 9.6.6.1 to add the phrase: “A fire alarm permit and” at the beginning of the sentence. Amend NFPA 1221, Subsection 9.6.7 to add new Subsection 9.6.7.7 that reads as follows: Systems must be engineered to minimize the near-far effect. Radio enhancement system designs must include sufficient antenna density to address reduced gain conditions unless one or both of the following are present: (1) Class A narrow band signal booster devices with independent AGC/ALC circuits per channel are used; and/or (2) systems where are portable devices within the same band are using active power control features. Amend NFPA 1221, Subsection 9.6.7.3 to delete the existing wording and replace with the following: Critical Areas. Critical areas include exist passageways, stairwells, exits, common/public areas, base building lobby areas, areas of public gathering during an emergency, fire pump and command/control rooms, dangerous process areas (e.g., dipping process areas, hazardous materials handling areas, etc.) electrical and mechanical utility rooms, police holding areas, elevator lobbies, sprinkler system sectional valve locations, elevator shafts, and must be provided with 99 percent floor area radio coverage. Amend NFPA 1221, Subsection 9.6.7.4 to delete the existing wording and replace with the following: Radio Coverage. Radio coverage must be provided throughout the building such that a minimum of 95% of the building (including underground levels, basements, elevators, stairways, etc.) is covered at a minimum of 95% of the time. Amend NFPA 1221, Subsection 9.6.13.2.1 to add Subsection 9.6.13.2.1.1 that reads as follows: “Where a fire command center is not present, the dedicated monitoring panel must be located adjacent to the main fire alarm control panel for the building.” Amend NFPA 1221, Subsection 11.3.9.1 to delete the entire Subsection and replace with the following: 11.3.9.1.1 Testing Procedure. The test plan must ensure testing throughout the building. Test procedures must be as directed by the design professional and the AHJ. Using the Montgomery County control channel, each floor must be RF (radio frequency) signal level mapped utilizing a calibrated, portable spectrum analyzer. Each floor must be divided into equal grids of no larger than 25 feet by 25 feet. Individual testing points must not be spaced greater than 25 feet apart. Each grid must meet the required signal strength level and provide a Delivered Audio Quality (DAQ) of not less than 3.5. (DAQ 3.5 is defined as “Speech understandable with repetition rarely required. Some noise/distortion.”) A maximum of two non-adjacent grids will be permitted to fail on the same floor. Failure of any two adjacent grids is considered a failure for the entire floor. 11.3.9.1.2 Systems incorporating Class B signal-booster devices or Class B broadband fiber remote devices must be tested using two portable radios simultaneously conducting subjective voice quality checks. One portable radio must not be positioned greater than 10 feet from the indoor antenna. The second portable radio must be positioned at a distance that represents the farthest distance from any indoor antenna. With both portable radios simultaneously keyed up on different frequencies within the same band, subjective audio testing must be conducted and must comply with the minimum acceptable DAQ level of 3.5. 11.3.9.1.3 The design and acceptance testing of the in-building public safety radio enhancement system must be performed under the supervision of a professional engineer registered in the State of Maryland with a minimum of five years of experience in the design, installation, and alignment of emergency responder radio communication enhancement systems. 11.3.9.1.4 Acceptance test data of the system must be approved by the AHJ prior to final fire alarm system approval. 22.00.07.188 NFPA 1225, 2022 edition, Chapter 18, is adopted in its entirety. 22.00.07.189 Amend NFPA 101, Sections 2.2 and 2.4 by deleting the referenced publication NFPA 150 Standard on Fire and Life Safety in Animal Housing Facilities, 2019 edition. 22.00.07.190 Amend NFPA 101, Section 2.4, by adding Subsection 2.4.1 that reads as follows: Wherever NFPA 5000, 2021 edition is referenced, other than for extracted text, substitute the building code that is in effect in Montgomery County. 22.00.07.191 NFPA 101, Section 3.3 as follows: (1) Subsection 3.3.64, add the following new Subsection and definition: 3.3.64.3 Bulkhead Door. A type of door assembly covering an opening in the ground providing direct access to a basement, the floor of which is not more than eight (8) feet below ground level. The door consists of a single rigid leaf or two overlapping rigid leaves or covers which need to be pushed or lifted upwards in order to be opened. A person, after opening the door, can walk up a series of steps to escape to the outside. (2) Subsections 3.3.68.1 and 6.1.8.1.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”; (3) Subsection 3.3.84, amend the definition of “Existing” by deleting the existing wording and replace with the following: That which is already in existence greater than one calendar year after being approved, accepted, or commissioned by the authority having jurisdiction; (4) amend Subsections 3.3.150.1, 16.6.1.1.2 and 17.6.1.1.2 to delete “...more than three, but...”; (5) amend Subsections 3.3.198.4 and 6.1.4.1 to delete “...four or more...”; (6) amend Subsections 3.3.150.2, 6.1.5.1, 3.3.198.12 and 6.1.9.1 to replace the word “four” with “six”; and (7) amend Subsection 3.3.254 to add the following new Subsection and definition: 3.3.254.1 Incapable of self-preservation. A person who, because of age, physical or mental disability, medical or therapeutic intervention, medication, etc., is unable to act to protect themselves from harm during an emergency situation without assistance. Amend NFPA 101, Subsections 4.5.8 and 4.6.12.1 to delete the phrase “for compliance with the provisions of this Code”. Amend NFPA 101, Subsection 4.6.10.2 to replace “Where required by Chapters 11 through 43, construction” with “Construction”. Amend NFPA 101, Subsection 4.6.12.3 to delete the phrase “by the Code” and add the following phrase after the word “removed”: by qualified personnel. Removal of life safety features must be approved by the Department of Permitting Services. Amend NFPA 101, Subsection 4.8.2, to add the following Subsection: 4.8.2.4 Emergency action plans must be maintained in a location approved by the AHJ. Amend NFPA 101, Subsection 7.1.10 to add the following Subsection: 7.1.10.3 Trash or recyclable materials awaiting scheduled collection cannot be placed in exits, exit access corridors, or on egress balconies. Amend NFPA 101, Subsection 7.2.1.5.7, to add the phrase “and all stairway doors must be unlocked simultaneously without unlatching upon a signal from the fire command center.” to item (3). Amend NFPA 101, Subsection 7.2.1.5.7.1, to add an item (6), to read: (6) Entry levels must provide free access to an approved second exit. These levels must be designated in “core/shell” building permit drawings with future tenant layouts arranged accordingly. Amend NFPA 101, Subsections 7.2.1.6.4.1, 7.2.1.14.1, and 7.2.1.15.1 to replace the phrase “in Chapters 11 through 43” with the phrase “by the AHJ and Chapters 11 through 43”. Amend NFPA 101, Subsection 7.2.1.7.1 to delete “required to be”. Amend NFPA 101, Subsection 7.2.1.7.4 to delete “Required”. Amend NFPA 101, Subsection 7.2.2.1 to add the following Subsection: 7.2.2.1.3 In new installations, at least one exit stair that serves all stories of the building must be accessible by an internal corridor from the main entrance of the building or fire department response location. Amend NFPA 101, Subsection 7.2.2.4.5.2, by replacing the words “Existing required” with “Interior”. Delete NFPA 101, Subsection 7.2.3.9.2(3). Amend NFPA 101, Table 7.3.1.2 to add the following: Use | | (ft 2 per person) | (m 2 per person) Assembly Use | Tennis court (area of play) | 50 (net) | 15.24 (net) Assembly Use | Bars g | 18 linear in./pers | 455 linear mm/pers Business Use | Core/shell | 65 (gross) | 16 (gross) g : Measured at the patron side of the bar Amend NFPA 101, Subsection 7.9.1.2, to replace the word “only” in the first sentence with “but not be limited to,”. Amend NFPA 101, Subsection 7.10.8.3.1 by adding: If the sign is on the door, then the door must be equipped with an approved self-closing device. Amend NFPA 101, Subsection 8.6.7(6)(b) by adding the following phrase at the end of the sentence: “in a location approved by the AHJ”. Amend NFPA 101, Subsection 8.7.3.3 to replace “following criteria:” in the opening sentence with “following criteria, unless otherwise permitted by the AHJ:” Amend NFPA 101, Section 9.1 by deleting the text in Section 9.15 and replacing it with the following: 9.15 Emergency Responder Radio Communication Enhancement Systems (ERRCES). 9.15.1 For newly constructed buildings, ERRCES must be provided where any of the following conditions exist: (1) on all floors of a building located below the level of exit discharge; (2) on all floors of a building in which any floor of the building exceeds 25,000 ft2 per floor in gross aggregate area; (3) throughout any building in which the building area exceeds 100,000 ft2 in gross aggregate area; and (4) on all floors of a building for any building greater than three (3) stories in height above the lowest level of fire department vehicle access. (a) System performance testing must be performed in accordance with technical standards for systems and testing personnel established by Montgomery County. (b) Compliance testing must be performed at time of occupancy. (c) Field testing may be performed upon reasonable notification to the owner or occupant by any authorized fire and rescue personnel. Exception: One- and two-family dwellings and townhomes. 9.15.2 In existing buildings, where emergency radio communication system performance is reported to be inadequate, and the building meets the criteria of 9.15.1(a) through (d), the Director is permitted to require a technical analysis to determine the level of performance of the emergency radio communication system. The technical analysis must comply with Section 9.6.7 of the 2019 edition of NFPA 1221, and the results certified by a Professional Engineer in the State of Maryland with at least five (5) years of experience in the design, installation, and alignment of emergency responder radio communication enhancement systems. Where the analysis demonstrates unacceptable performance, an in-building public safety radio enhancement system must be provided. 9.15.3 The system must be designed in accordance with Section 9.6 of the 2019 NFPA 1221, Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems, and the frequencies listed in the DPS Emergency Responder Radio Coverage In-Building Radio Signal Amplification System Standard, effective April 1, 2005. 9.15.4 All testing, design, installation, inspection, and maintenance required by Section 9.15 must be performed by personnel approved by the Director. Amend Subsections 9.6.1.3 and 9.11.1 to delete “required by this Code”. NFPA 101, Subsection 9.6.2.6 is amended as follows: (1) Add the following sentence to the end of the Section: “This paragraph does not permit the omission of manual fire alarm boxes in accordance with other provisions of this Subsection unless specifically permitted by Chapters 11 through 43.” (2) Add two new Subsections as follows: 9.6.2.6.1 Zoned fire alarm systems must have manual pull stations located at the entrance to each exit enclosure and at the main exit. 9.6.2.6.2 When a fire alarm system is required in a multiple tenant building, for each tenant exiting directly to the exterior of the building, a manual pull station and approved occupant notification must be located at each required or marked exit. Amend NFPA 101, Subsection 9.6.2.9 to add the following sentence: “In environments not suitable for smoke detectors, alternate means of detection must be provided and must comply with NFPA 72, 2019 edition).” Amend NFPA 101, Subsection 9.6.3.2.1 to delete the phrase “lobby,”. Amend NFPA 101, Subsection 9.6.3.4, by deleting the phrase after the words “without delay” and replacing it with the following: to a listed central station in accordance with 9.6.4.” NFPA 101, Subsection 9.6.3.8, add a second sentence to read: “Required audibility must be met with all intervening doors (between any space and the audible devices) closed.” Amend NFPA 101, Subsections 9.6.3.10 and 9.6.3.10.1 by deleting the word “live”. Amend NFPA 101, Subsection 9.6.3.10 by adding: Where voice type occupant notification is used, automatic pre-recorded messages must be used. Live voice as the sole notification method is prohibited. Exception: Previously “approved” live voice systems are permitted to remain. Amend NFPA 101, Subsection 9.6.4.2 by deleting the list of four items and replace the phrase “via any of the following means acceptable to the authority having jurisdiction” with “by a listed central station fire alarm system.” Amend NFPA 101 to delete Subsections 9.6.4.3, 9.6.8.4.3, 9.6.8.4.4, and 9.6.8.4.5. Amend NFPA 101, Subsection 9.6.6.2(3), to add the following sentence: “Manual fire alarm initiation must not activate floor or zone-dependent smoke control systems.” Amend NFPA 101, Subsection 9.6.8.3 to delete the phrase after the word “zone”. Amend NFPA 101, Subsection 9.7.1.1 to add the following Subsection: 9.7.1.1.1 For new installations, drop-out ceilings as referenced in NFPA 13, Subsections 9.2.16 and 9.3.11 are prohibited. Amend NFPA 101, Subsection 9.7.2.2.1, the first sentence to read: “Where supervised automatic sprinkler protection is required, waterflow alarms must be automatically transmitted to a listed central station.” Amend NFPA 101, Subsection 9.8.1 to read as follows: “Where water as an extinguishing agent is not compatible with the fire hazard or is prohibited by law, statute or ordinance, the affected area must be equipped with an approved automatic fire suppression system utilizing a suppression agent that is compatible with the fire hazard. Such system must be installed in accordance with the appropriate standard as determined in Table 9.8.1.” Amend Subsections 9.11.4.1 and 9.14.1 to replace “Chapter 11 through 43” with “the AHJ or Chapters 11 through 43”. Amend Subsections 10.4.1 and 10.5.1 to add the following at the beginning of each sentence: “Where required by the AHJ,”. Amend NFPA 101, Subsection 11.8.1.2 to add the following at the end of the first sentence. “High-rise buildings do not include a structure or building used exclusively for open-air parking”. Amend NFPA 101, Subsection 11.8.4.1, to add new Subsection 11.8.4.1.1 that reads as follows: 11.8.4.1.1 In buildings having staged evacuation, the voice fire alarm system must send a predetermined message to the floor where the alarm originated, to the floor immediately below and to the floor immediately above, providing information and direction to the occupants. Any subsequent alarm(s) on other than the initial fire floor must initiate the voice fire alarm as described above. The voice fire alarm must be designed to be heard clearly by all occupants within the designated portions thereof as required by Section 9.6, but it must not sound automatically in elevator cars and enclosed exit stairways. Communicating levels are considered one floor/fire area for the audible and visual fire alarm signals. Amend NFPA 101, Subsection 11.8.4.2.2 to delete the existing wording and replace with the following: The requirement of Subsection 11.8.4.2.1 does not apply if an approved two-way radio communications enhancement system is installed throughout the building. Amend NFPA 101, Subsection 11.8.6.1, to delete the existing wording and read: 11.8.6.1.1 In new installations, the emergency command center must have a door directly to the exterior of the building on the address side. The exterior door to the emergency command center must be within 50 feet of unimpeded travel to a fire department access road. A fire department access box must be provided in an approved location within (6) feet of the door to the emergency command center. The exterior door to the emergency command center must be identified on the exterior face as the emergency command center in a manner acceptable to the AHJ. Amend Subsection 11.8.6.2 to replace “approved by the fire department” with “approved by the AHJ”. Amend NFPA 101, Subsections 11.8.6.6 (5) and (6), to read as follows: (5) Emergency generator status indicators, and remote starting. (6) Fire pump status indicators and remote starting. Amend NFPA 101, Section 11.11.2.1 to add the phrase “or other testing standard approved by the AHJ”. Delete Subsection 11.12.2. Amend NFPA 101, Subsections 12.2.4.1 and 13.2.4.1 to add the following: (1) Not less than two separate exits must be provided on every story. (2) Not less than two separate exits must be accessible from every part of every story. Delete Subsections 12.2.1.2, 14.2.1.5, 16.2.1.1, 16.6.2.1.2, 24.2.8, 26.2.4, 28.2.1.4, 30.2.1.3, 32.2.2.7, 32.3.2.1.3, 36.2.1.6, 38.2.1.6, 40.2.1.3, and 42.2.1.3. Amend NFPA 101, Subsections 14.2.11.1.1(1) and 15.2.11.1.1(1) by adding “keys, special knowledge, or excessive force.” after the word “tools”. Amend NFPA 101, Subsections 14.3.4.1 and 15.3.4.1 to add new Subsections 14.3.4.1.3 and 15.3.4.1.3 that read as follows: For the purposes of this Chapter, each industrialized building, which is an independently certified unit serving as a portable or temporary classroom, must be considered a single building regardless of the number of units in the cluster sharing an egress system. Amend NFPA 101, Subsections 14.2.5.1 and 15.2.5.1 to add Subsections 14.2.5.1.1 and 15.2.5.1.1 that reads as follows: Where industrialized buildings serving as portable or temporary classrooms are clustered into groups of buildings, each classroom must exit directly onto a common deck or other all-weather walking surface. This common deck must have two remote, accessible exits with a common path no greater than 75 feet. An “Exterior Area for Assisted Rescue” in accordance with the 2021 edition of the International Building Code, Section 1009.7, is permitted to be used as one of the accessible means of egress. Amend NFPA 101, Subsections 14.7.2.3 and 15.7.2.3 to delete existing wording and replace with the following: Fire emergency egress drills must be conducted as follows: (1) At least one fire emergency egress drill must be conducted every month the facility is in session, unless the following criteria are met: (a) in climates where the weather is sever, the monthly fire emergency egress drills may be deferred; and (b) in educational occupancies which are: (i) fully protected by an automatic sprinkler system, five (5) annual fire emergency egress drills must be conducted, with at least two (2) of the required drills conducted in the first four months of the school year; or (ii) not fully protected by an automatic sprinkler system, eight (8) annual fire emergency egress drills must be conducted, with at least three (3) of the required drills conducted in the first four months of the school year. (2) All occupants of the building must participate in the fire emergency egress drill. (3) One fire emergency egress drill, other than for educational occupancies that are open on a year-round basis, must be conducted within the first 30 days of operation. Amend NFPA 101, Subsections 15.2.2.2.4.1 and 17.2.2.2.6.1 to add “provided that the locking device is of a type that is readily distinguishable as locked” to the end of item (3). Amend NFPA 101, Subsections 15.2.2.2.4.1(9) and 17.2.2.2.6.1(9) to add a second sentence: Any locking or unlocking condition approved by the Director as part of the emergency action plan is permitted to remain in place. Delete NFPA 101, Subsection 15.2.4.2 item (3). Amend NFPA 101, Subsections 16.1.2 and 17.1.2, to add Subsections 16.1.2.2 and 17.1.2.2 as follows: Day-care centers providing day care for school age children before and after school hours in a building that is in use as a public or private school are not required to meet the provisions of this chapter but must meet the provisions for educational occupancies. Amend NFPA 101, Subsection 16.1.6.2 to add a new Subsection as follows: 16.1.6.2.1 Where day-care occupancies, with clients who are 30 months or younger in age or who are incapable of self-preservation, are located three (3) or more stories above the level of exit discharge, an independent means of egress dedicated for use by the day-care occupancy must be provided. Exceptions: (1) high-rise buildings with an approved phased evacuation plan and (2) day-care homes. Amend NFPA 101, Subsections 16.2.11.1.1 and 17.2.11.1.1 to add the following item: (4) For windows at grade, the minimum net clear opening must be 5.0 square feet. Amend NFPA 101, Subsections 16.3.2.1(2) and 17.3.2.1(2) to add new Subsection (e) that reads. Building mechanical spaces housing fuel-fired equipment or appliances for purposes including, but not limited to, heating, ventilation, or clothes drying. Amend NFPA 101, Subsections 16.3.4.5 and 17.3.4.5 to add the following exception: Exception: Day-care occupancies located in school facilities where enrollment is limited to children capable of self preservation, where no sleeping facilities are provided and the school is provided with approved full automatic sprinkler protection. Amend NFPA 101, Subsection 16.3.5.1 to add the following; Automatic sprinkler protection is not required if all of the following conditions are met: (1) the day care center has not more than 30 clients; (2) all rooms used for day care are located on the level of exit discharge; and (3) all rooms used for day care have at least one exterior exit door at grade level. Amend NFPA 101, Subsections 16.6.1.4.1.1 and 17.6.1.4.1.1 to delete the phrase “...more than 3, but...” and replace “seven” with “nine” Amend NFPA 101, 16.6.1.4.1.2, Subsections 16.6.1.4.1.2 and 17.6.1.4.1.2 to replace “7” with “9”. Amend NFPA 101, Subsections 16.6.1.7.1 and 17.6.1.7.1, to replace “both” with “all” and items (1) and (2) with the following items: (1) The minimum staff-to-client ratio must be not less than one staff for up to eight clients, including the caretaker’s own children incapable of self-preservation. (2) There must be not more than four clients incapable of self-preservation, including the caretaker’s own children incapable of self-preservation. (3) A staff-to-client ratio of at least one staff to every two clients incapable of self-preservation must be maintained at all times. (4) The staff-to-client ratio may be modified by the authority having jurisdiction where safeguards in addition to those specified in this section are provided. Amend NFPA 101, Subsections 16.6.2.1.1 and 17.6.2.1.1, to add the following sentence: “Bulkhead doors are not permitted to serve as a primary means of escape.” Amend NFPA 101, Subsections 16.6.2.2 (Reserved) and 17.6.2.2 (Reserved) as follows: SLIDING DOOR For family day-care homes, a sliding door used as a required means of egress must comply with the following conditions: (1) the sliding door must not have more than one, easily operated, locking device that does not require special knowledge, effort, or tools to operate; (2) draperies, screens, or storm doors that could impede egress must not be present; (3) the sill or track height may not exceed ½ inch above the interior finish floor; (4) the surface onto which exit is made must be an all-weather surface such as a deck, patio, sidewalk, etc.; (5) the floor level outside the door may be one step lower than the inside, but not more than 8 inches lower; (6) the sliding door must open to a clear open width of at least 28 inches; (7) before day care use, each day the sliding door must be unlocked and tested to the full required width to be sure it is operating properly, and the door must be nonbinding and slide easily; (8) during periods of snow or freezing rain, door tracks must be cleared out and the door opened periodically throughout the day in order to ensure proper operation. NFPA 101, Subsections 16.6.2.3 (Reserved) and 17.6.2.3 (Reserved) are amended as follows: SPECIAL MEANS OF ESCAPE REQUIREMENTS: For family day-care homes, dead-bolt locks must be provided with approved interior latches, or these locks must be of a captured key design from which the key cannot be removed from the interior side of the lock when the lock is in the locked position. These locks must be unlocked at all times when the home is occupied for the purpose of family day care. Exception: A double-keyed dead-bolt lock may be used on the secondary means of escape if the key is readily accessible and the lock is unlocked at all times the home is occupied for the purpose of family day care. Delete NFPA 101, Subsections 16.6.2.4.5(3) and 17.6.2.4.5(3). Amend NFPA 101, Subsection 16.6.3.4.5 to replace “Reserved.” with the following: For compliance with Subsection 43.7.2.1(2), approved battery-powered smoke alarms, rather than house electrical service-powered smoke alarms required by Subsection 16.6.3.4.4, are permitted where the facility has testing, maintenance, and smoke alarm replacement programs that ensure reliability of power to the smoke alarms. Amend NFPA 101, Subsections 16.7.5 and 17.7.5, to add: Exception: Day-Care Homes with no more than three clients for overnight lodging. Amend NFPA 101, Subsections 17.6.3.4.5, 26.3.4.5.3, and 33.3.3.4.7.2 to delete “existing” and replace “battery” with “smoke alarm”. Amend NFPA 101, Subsection 18.2.2.2.10 to add the word “lowest” prior to the phrase “level of fire department vehicle access”. Amend NFPA 101, Table 19.1.6.1 to delete footnotes “c” and “d” from both rows of “Type V” construction. Amend NFPA 101, Subsections 19.1.6.7 and 19.1.6.8 to delete item (2). Amend NFPA 101, Subsection 19.1.6.7, item (5) to replace “Section 19.6” with “Section 9.6”. Amend NFPA 101, Subsections 20.1.1.4.3.2 and 21.1.1.4.3.2 to delete the wording after the “,” and replace it with “materials in accordance with the 2019 edition of NFPA 241, Section 4.3 Temporary Enclosures, are permitted.” Amend the following NFPA 101 Sections and Subsections as follows: (1) Amend Subsection 22.4.6.1.3 to delete the phrase “or 22.4.6.1.5”. (2) Delete NFPA 101, Subsections 22.4.6.1.5 and 23.4.6.1.5. (3) Delete NFPA 101, Subsections 22.4.6.2 and 23.4.6.2.. (4) Amend Subsection 23.4.6.1.3 to delete the phrase “or 23.4.6.1.5”. Amend NFPA 101, Subsection 24.1.1.2 to replace the word “three” with “five” and to delete the phrase “, if any, accommodated in rented rooms”. Amend NFPA 101, Subsections 24.2.2.3.3, 32.2.2.3.1(3) and 33.2.2.3.1(3) to insert the phrase “, not less than 5.0 ft2 for grade floor windows” after the phrase “5.7 ft2”. Amend NFPA 101, Subsection 26.1.1.1, to change “buildings” to “buildings that do not qualify as one- and two-family dwellings”. Amend NFPA 101, Subsection 26.3.4.6.1 to delete the word “new”. Delete NFPA 101, Subsections 26.3.4.6.3(3), 28.3.4.7.3(3), 29.3.4.3.6, 29.3.4.5.2, 29.3.4.6.3(3), 30.3.4.2.2, 30.3.4.3.4, 30.3.4.6.3(3), 31.3.4.2.2, 31.3.4.5.2, 32.2.3.4.4.3(3), and 32.3.3.4.9.3(3). Amend NFPA 101, Subsections 26.3.6.2.2, 28.3.5.3, 30.3.5.1.2, 31.3.5.2, 32.2.3.5.3.1, 33.2.3.5.3.4, 33.2.3.5.3.5, and 33.3.3.5.1.1 to change “in height above grade plane” to “above the lowest level of fire department vehicle access.” Amend NFPA 101, Section 26.4 to delete the existing wording and replace it with the following: Lodging and rooming occupancies must comply with Chapter 11 where located in a special structure. Amend NFPA 101, Subsection 28.3.4.3.6, to delete all wording after “provided” in the first sentence only. Amend NFPA 101, Subsections 30.3.4.2.1 and 31.3.4.2.1 to delete the wording after “with 9.6.2””. Amend NFPA 101, Subsection 30.3.4.3.3 to delete the phrase “unless the building complies with either 30.3.4.3.4 or 30.3.4.3.5” and delete Subsection 30.3.4.3.4. Amend NFPA 101, Subsection 31.3.5.7 to delete the phrase “seven or more stories in height”. Delete NFPA 101, Subsections 32.2.3.5.2, 33.2.3.5.3.6, 33.3.3.4.6.1, 33.3.3.4.7.3, and 33.3.3.4.8.2. Amend NFPA 101, Subsection 32.2.3.5.3.2 to add the following at the beginning of the Section, “In small board and care homes serving eight or fewer residents,” and delete item (2). Amend NFPA 101, Subsection 33.3.3.4.6.2 and delete the wording before the word “emergency”. Amend NFPA 101, Subsections 33.2.3.4.4.6 and 33.3.3.4, to add at the end of the sentence, “...and have secondary battery back-up power.” Amend NFPA 101 Subsection 33.3.3.4.8.1 to delete the phrase “33.3.3.4.8.2 and”. Amend NFPA 101, Subsections 36.3.4.1 and 37.3.4.1 to read as follows: General. Class A mercantile occupancies and multiple story Class B mercantile occupancies must be provided with a fire alarm system in accordance with Section 9.6. Amend NFPA 101, Subsection 36.4.4.7.3.2, to add the phrase “where approved alternative visible means of occupant notification is provided” after the word “concourses”. Amend NFPA 101, Subsection 38.2.4.4(3) (a) to replace “stories.” with “stories, with no openings therein.” Amend NFPA 101, Subsections 38.3.2.1 and 39.3.2.1 by adding the following sentence: General storage areas with a floor area not greater than 100 square feet are exempt from the provisions of 8.7. Amend NFPA 101, Subsection 39.2.2.2.5 to read: “The re-entry provisions of Subsection 7.2.1.5.8 do apply.” Amend NFPA 101, Subsection 39.3.4.2 to delete “by one of the following means:” and replace with: “by all of the following means where provided:”. Amend NFPA 101, Subsections 40.3.4.3.1, 42.3.4.3.1 and 42.8.3.4.3.1 to only read: “The required fire alarm system must provide occupant notification in accordance with Subsection 9.6.3.” Amend NFPA 1, Table 42.2.5 to replace “50” with “75” and “15” with “23” for Common Path of Travel for Ordinary Hazard Storage Occupancy not protected throughout by an approved, supervised automatic sprinkler system in accordance with Subsection 9.7.1.1(1). Amend NFPA 101, Subsections 42.3.4.1.2 and 42.3.4.1.3 to replace the phrase “Storage occupancies” with “Storage occupancies less than three stories”. Amend NFPA 101, Subsections 42.8.3.4.1.1 and 42.8.3.4.1.3 to replace “Parking structures” with “Parking structures less than three stories”. The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

Emergency safety plans for multifamily rental buildings are required to be prepared by apartment building owners, or their designee, and submitted to the Department of Permitting Services for review and approval. For purposes of this Section: Department means the Department of Permitting Services. Director means the Director of the Department or the Director’s designee. Emergency safety plan means an action plan approved by the Department in accordance with this Section. Multifamily Apartment Building or Multifamily Dwelling means a building that contains three or more dwelling units that are tenant-occupied or intended to be tenant-occupied. Condominium means a building where residential dwelling units are individually owned and may be owner- or tenant-occupied. (a) Each landlord of a multifamily dwelling must submit a proposed emergency safety plan on a form prescribed by the Director. Condominiums are not required to submit emergency safety plans but may submit them for review and approval. (b) A landlord is required to update the contents of the plan and obtain a new approval from the Department to remain in compliance with this Section every three years, or when the contents change, whichever is sooner. Changes to the plan must be submitted to the Department for review within 14 calendar days of any changes to the plan’s scope and contents. The emergency safety plan must, at a minimum, include: (a) an evacuation map; (b) the location of fire extinguishers; (c) the type of fire alarm system installed; (d) a point of contact or the type of communication that will be used by the landlord during and after the emergency; (e) details regarding alternate housing when a tenant is displaced due to the building emergency; and (f) fire protection system impairment procedures. (a) Emergency safety plans must be submitted as a required document for review and approval as part of the building’s Fire Code Compliance Permit in accordance with Section 22-10 beginning September 1, 2025. (b) The emergency safety plan must comply with the emergency safety plan form and best practices documents developed by the Department. (c) Emergency safety plans must be submitted and maintained electronically. (a) The Department is authorized to review and evaluate each emergency safety plan submitted by a landlord of a multifamily rental building in accordance with Sec. 22-74 of the County Code. The Department will either approve or deny each emergency safety plan. (b) Plans will be reviewed and evaluated by the Department based on the completeness and compliance with the emergency safety plan form, which includes context pertinent to the evacuation plan of the physical building, activities surrounding evacuation such as emergency services notification and relocation of occupants, and any provisions taken based on the capabilities of occupants that may have additional needs. (c) An emergency safety plan will only be approved if the Department finds that the contents of the plan are satisfactory to maintain the health, safety, and welfare of all tenants and individuals properly on the premises of multifamily rental housing. (a) If a multifamily apartment building has ten or more calls for service for fire-related emergencies within a 12-month period, the Director will require the property owner to submit an addendum to the emergency safety plan. (b) Fire-related emergency service calls include activation of the building automatic fire alarm sent to a listed central station reported to the fire department, activation of the automatic sprinkler system including dry-system activations, and public calls to 9-1-1 indicating an observed fire emergency. (c) The plan addendum must be submitted on the emergency safety plan addendum template, available from the Department. (d) Addendums may be discontinued at the discretion of the Director based on a sustained reduction in calls for service to the affected building for a period of at least 12 months. A plan addendum must include, at minimum, (a) efforts to hire security guards or additional building personnel if the building is experiencing malicious alarms; (b) repair or replace faulty alarm systems: (1) if the fire alarm system cannot be repaired, it must be replaced; (2) if more than five nuisance calls occur in a 12-month period, following unsuccessful efforts to repair the fire alarm system, the fire alarm system must be replaced; and (3) if the fire alarm system is impaired for greater than 60 days, the fire alarm must be replaced; (c) facilitate opportunities for the County to provide outreach and educational resources to residents regarding fire safety; (d) contract with a vendor to provide outreach and educational resources to residents regarding fire safety and prevention of false alarms; or (e) other fire alarm reduction strategies as determined by the Director, in consultation with MCFRS. (a) The Department may charge a fee for the review or re-review of the emergency safety plan or the addendum. (b) The charge for review or re-review of emergency safety plans and addendums is $95 per review. Fees must be paid in full prior to the approval of the annual Fire Code Compliance permit. (c) The Department must calculate and charge an enterprise fund stabilization factor (EFSF) in accordance with COMCOR 22.00.03.08. (a) The Department may issue a Notice of Violation (NOV) to the landlord for: (1) failure to submit emergency action plans within 30 days for review and approval to the Department after being notified by the Department; (2) failure to re-submit plans or addendums requiring corrections or modifications within 30 days as required by the Director; (3) failure to submit an addendum within 60 days of notice by the Department; (4) failure to pay fees associated with the review or re-review of emergency safety plans and addendums; or (5) failure to maintain an approved emergency safety plan, including submittal for re-review by the Department every three years. (b) If the NOV is not resolved within 30 days of issuance by the Department, a civil citation may be issued by the Director, or the Director’s designee, to the landlord or the landlord’s designee for every 30 days of non-compliance. (c) Failure to pay required review fees prior to the expiration date of the Fire Code Compliance permit may result in the civil citation being sent the Montgomery County Attorney’s Office Debt Collection Unit.

These regulations identify the steps that an applicant must take to comply with Chapter 22A of the County Code. These regulations were adopted by the Planning Board and approved as regulations by the County Council under Chapter 22A. In accordance with Chapter 22A, sometimes referred to in these regulations as the “Forest Conservation Law,” the following Planning Board Regulations shall pertain to all development applications, mandatory referrals, conditional uses, sediment control permits, or park development applications. In addition, the Trees Technical Manual is a guidance document, adopted by the Planning Board, which provides further clarification of the requirements of Chapter 22A of the Montgomery County Code and these regulations. (1) “Afforestation” means the creation, on a tract that is not presently in forest cover, of a biological community dominated by trees and other woody plants (including plant communities, the understory, and forest floor), which is at least 10,000 square feet in area and 50 feet wide, and containing at least 100 trees per acre, with at least 50 of those trees having the potential of growing to a 2 inch or greater diameter at 4.5 feet above the ground within 7 years. In some instances, afforestation includes creation of tree cover by landscaping areas under an approved landscaping plan. (2) “Afforestation threshold” means the afforestation required for a site per Sections 22A-12(a), (d), and (f) of the Forest Conservation Law. (3) “Applicant” means the person who is applying for a development plan, diagrammatic plan, subdivision, floating zone plan, sketch plan, site plan, project plan, expedited approval plan, preliminary plan of subdivision, administrative subdivision, minor subdivision, sediment control permit, special exception/conditional use, mandatory referral, or park development plan. (4) “Break-even point” means an exact level of forest retention that precludes the need for reforestation. (5) “Champion tree” means the largest tree of its species within the United States, the State, county or municipality, as appropriate. (6) “Conservation easement” means a restriction on the land and the natural features on this land. This easement must be shown on the record plat, if applicable, and its terms and conditions are recorded in the county’s land records. If no plat is required, the easement is recorded in the County’s land records only. (a) “Category I Conservation Easement” means a restriction on the land to permanently protect existing forest, planted forest, or forested or unforested environmental buffers. (b) Category II Conservation Easement” means a restriction on the land that permanently protects large trees, landscape areas, and any tree planted outside of forest that receives forest conservation plan credit. (7) “Conservation threshold” means a specific percentage of a tract that is used in determining reforestation requirements per Sections 22A-12(a) and (f) of the Forest Conservation Law. (8) “Critical habitat area” means a critical habitat for an endangered species and its surrounding protection area. A critical habitat area: (a) is likely to contribute to the long-term survival of the species; (b) is likely to be occupied by the species for the foreseeable future; and (c) constitutes habitat of the species which is considered critical under the Annotated Code of Maryland Natural Resources Article. (9) “Critical habitat for endangered species” means a habitat occupied by an endangered species as determined or listed under the Annotated Code of Maryland Natural Resources Article. (10) “Critical root zone” means the zone in which the roots of a tree are located, as defined in the latest version of the Trees Technical Manual. It is also the area around a tree that should be undisturbed unless protection measures are provided to protect the long-term viability of the tree. (11) “Development application” means an application made to the Planning Board, Board of Appeals, Department of Permitting Services, or the Planning Director for approval of a regulated activity. (12) “Declaration of intent” means a signed and notarized statement by a landowner that the cutting of trees on the landowner’s property: (a) is for purposes exempted under Chapter 22A of the Montgomery County Code; and (b) will not circumvent the requirements of the Chapter. (13) “Development program” means a sequence of construction events and timing for submittal of the major forest conservation program elements. (14) “Development project” means grading or construction activities occurring on a specific tract. This includes redevelopment projects. (15) “Environmental buffer” means perennial, intermittent, or ephemeral streams/channels and their associated buffers; wetlands and their associated buffers; and, hydraulically connected steep slopes according to the latest version of the environmental guidelines, or an appropriate master plan; and floodplains. 16) “Environmental guidelines” means the Guidelines for the Environmental Management of Development in Montgomery County, Maryland (M-NCPPC), as amended. (17) “Ephemeral channel/stream” means a channel defined as ephemeral per the latest version of the environmental guidelines. (18) “Extenuating circumstances” means conditions requiring extension of a set time limit to process an application, render a decision, or conduct a public hearing. 19) “Equity focus areas” means geographic areas of Montgomery County characterized by high concentrations of lower-income households, people of color, and individuals who may speak English less than very well. Boundaries are determined by Planning Department staff and are mapped on the Planning Department website. (20) “Field survey” means a field investigation of the environmental characteristics of a site, including existing forest. (21) “Flood, One Hundred-Year” means a flood which has a 1 percent statistical probability of being equaled or exceeded in any given year. Unless otherwise stated, this calculation is based on the contributing watershed under existing zoning. (22) “Floodplain, One Hundred-Year” means the area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100-year frequency storm event, or 100-year flood, based on ultimate development of the watershed under existing zoning. (23) “Forest clearing” means the cutting or destruction of any trees or understory which are part of an existing forest even if the resulting community continues to meet the definition of forest, except if it is done as part of an approved forest management plan or timber harvest permit. Forest loss will be based on a measure of the aerial extent of forest cover which includes the outer perimeter of individual trees. (24) “Forest conservation plan” means a plan which outlines the strategies and specific plan proposed for retaining, protecting, and reforesting or afforesting areas on a site. (25) “Forest conservation worksheet” means a step-by-step form for determining compliance with the requirements of the forest conservation law. (26) “Forest management plan” means a plan establishing conservation and management practices for a landowner after assessment of the resource values of forested properties. This plan is approved by the county, or by the MD Department of Natural Resources forester assigned to the county after coordination with the county, and by the Planning Director if located within a conservation easement. (27) “Forest mitigation bank plan” means a plan that a property owner submits to document the acreage of forest mitigation bank credits and shows the credits based on the amount of existing forest permanently protected, forest planted and protected, and a planting plan. (28) “Forest mitigation bank credits” means the credits available for sale at a forest mitigation bank, where 1 acre of mitigation bank credit equals 2 acres of existing forest or 1 acre of planted forest. (29) “Forest retention” means the forest shown on a forest conservation plan that will be saved, counted as forest retained on the worksheet, and included in a long-term protective agreement. (30) “Forest stand delineation” or “FSD” means the evaluation of existing vegetation in relation to the natural resources on a site proposed for development or land disturbing activity. The FSD is submitted as part of the Natural Resources Inventory/Forest Stand Delineation (NRI/FSD). (31) “Growing season” means a period of consecutive frost-free days as stated in the current soil survey for the county. In an average year, a period commencing on April 1st and ending on October 31st. (32) “Intermittent stream” means a stream defined as intermittent in the latest version of the environmental guidelines. (33) “Landscaping credit” means areas shown on a forest conservation plan, that are not forest, but will receive credit toward a site’s reforestation or afforestation requirements, so long as the plantings are not required to meet zoning or other requirements. The forest conservation plan must show the dimensions and details for tree planting and landscaping areas. Any planting for landscaping credit to meet the forest conservation plan requirements must use native plants or cultivars of native plants. (34) “Limits of disturbance” means a clearly designated area within which land disturbance may occur. (35) “Maintenance and management agreement” means the short-term management agreement associated with a forest conservation plan, and may include the control of non-native and invasive plants. (36) “Major amendment to a Forest Conservation Plan” means an amendment that results in more than a total of 5,000 square feet of additional forest clearing and/or the removal or partial removal of any conservation easement. (37) “Minor amendment to a Forest Conservation Plan” means an amendment that does not result in more than a total of 5,000 square feet of additional forest clearing or the removal or partial removal of any conservation easement. (38) “Native” means a plant or animal species whose geographic range during precolonial time included the Piedmont Region of Maryland. Information of native plants can be found in Woody Plants of Maryland (Brown and Brown, 1972) and Herbaceous Plants of Maryland (Brown and Brown, 1984), as well as other literature sources. (39) “Natural regeneration” means the natural establishment of native trees and other native vegetation. (40) “Natural resources inventory” or “NRI” means the collection and presentation of environmental information for a property according to the guidelines specified in these regulations and in the latest version of the environmental guidelines. The NRI is submitted as part of the Natural Resources Inventory/Forest Stand Delineation (NRI/FSD). (41) “Offsite” means outside the limits of the areas encompassed by a tract. (42) “Onsite” means within the limits of an area encompassed by a tract. (43) “Perennial stream” means a stream defined as perennial in the latest version of the environmental guidelines. (44) “Planting plan” means a plan showing how areas to be reforested or afforested will be planted. (45) “Priority planting area” means areas in which planting must occur when present. (46) “Priority retention area” means areas, identified in Section 22A-12(b) of the Forest Conservation Law that are ranked as the highest priority for retention as part of a forest conservation plan. (47) “Qualified professional” means a Maryland licensed forester, Maryland licensed landscape architect, or other qualified professional approved by the State. (48) “Regulated activity” means any of the following activities: (a) Subdivision; (b) Expedited approval plan; (c) Site plan; (d) Project plan; (e) Sketch plan; (f) Floating zone plan; (g) Development plan; (h) Special exception/conditional use on a tract of land greater than 40,000 square feet; (i) Clearing of more than 5,000 square feet of forest; (j) Park development project on a tract of land greater than 40,000 square feet; (k) An activity that requires a sediment control permit on a tract of land, individually or cumulatively that is greater then 40,000 square feet; or (j) Mandatory referral on a tract of land greater than 40,000 square feet. (49) “Retention area” means forested areas, tree stands and the critical root zone of individual trees that will be retained on a site. (50) “Selective clearing” means the careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan. (51) “Specimen tree” means a tree that is a particularly impressive or unusual example of a species due to its size, shape, age, or any other trait that epitomizes the character of the species as further described in the most recent version of the Trees Technical Manual. (52) “Stream buffer” means a strip of land contiguous with and parallel to the bank of a perennial or intermittent stream, the width of which must be determined according to the latest version of the environmental guidelines. (53) “Subdivision” means the definition of subdivision in Chapter 50 of the Montgomery County Code. (54) “Tract” means: (a) The property, or adjacent properties, subject to a development application, the boundaries of which are described by deed or record plat; or (b) The length and width of the right-of-way or the limits of disturbance, whichever is greater, for a linear project. (55) “Tree save area” means an area designating trees, or stands of trees outside existing forest cover which are to be retained. (56) “Tree save plan” means a plan approved by the Planning Board, or Planning Director, under Chapter 22A or Chapter 50 of the County Code which covers individual trees or stands of trees to be saved as part of, or instead of a forest conservation plan. 57) “Tree stand” means an area where trees are concentrated at too low a density, or that is too small in size or area to meet the definition of “forest.” A. Except as provided in Sections 22A-5, 22A-6, 22A-7, 22A-8, 22A-9 and the Variance provisions in Section 22A-21 of the Forest Conservation Law, these regulations apply to the following plans or regulated activities: (1) a development plan approved or amended under Division 59-D-1 of Chapter 59 of the County Code that was in effect prior to October 30, 2014; (2) a project plan approved or amended under Division 59-D-1 of Chapter 59 of the County Code that was in effect prior to October 30, 2014; (3) a preliminary plan of subdivision, administrative subdivision, or minor subdivision approved by the Planning Board, or Planning Director, under Chapter 50 of the County Code; (4) a site plan approved or amended under Division 59-D-3 of Chapter 59 of the County Code that was in effect prior to October 30, 2014; (5) a site plan approved or amendment under Section 59.7.3.4 of Chapter 59 of the County Code; (6) a sketch plan approved under Section 59.7.3.3 of Chapter 59 of the County Code; (7) a sediment control permit required under Chapter 19 of the County Code; (8) clearing or grading conducted on two or more platted contiguous lots that are part of the same project, that collectively total 40,000 square feet or larger, that are graded at the same time, and where sediment control is required under Chapter 19 of the County Code. (9) a special exception approved under Article 59-G of Chapter 59 of the County Code that was in effect prior to October 30, 2014; (10) a conditional use approved under Section 59.7.3.1 of Chapter 59 of the County Code; (11) a mandatory referral; (12) a park development plan, and. an expedited approval plan. B. The general procedure for meeting the requirements of Chapter 22A for these plans is: (1) Preparation by a qualified professional, of a natural resources inventory which may include a forest stand delineation, as described in Section 22A.00.01.06 and in the latest versions of the environmental guidelines and the Trees Technical Manual (MNCPPC). To be reviewed and approved by the Planning Director. (2) Identification by a qualified professional, of forest and tree retention areas per subsection 22A-12(b) of the Forest Conservation Law, Sections 22A.00.01.06 and 22A.00.01.07, and the criteria for area to be cleared in the Trees Technical Manual. (3) Preparation by a qualified professional, of a forest conservation plan to be approved by the Planning Board or Planning Director, as applicable, which includes: (a) lot lines, building, and proposed infrastructure, located to maximize retention areas and avoid environmentally sensitive areas such as environmental buffers and critical habitats wherever practical; (b) areas of existing forest, areas of forest to be removed, and areas of forest to be retained; (c) afforestation and reforestation areas and planting plan, as required; (d) appropriate protection and maintenance measures; and (e) a timetable for construction and planting. A. A Natural Resource Inventory (NRI) application must be considered complete if it contains a complete analysis of existing natural resources and man-made features on a property which is verified by field survey and contains the following information to cover the development site and first 100 feet of adjoining land around the perimeter or the width of adjoining properties, whichever is less: (1) property boundaries; (2) topography at a minimum scale of 1" = 200' with contour intervals not more than 5 feet (larger scale may be required by the Planning Director on a case-by-case basis, if necessary to determine the accuracy of the plan); (3) slopes 25% and greater, and slopes between 15% and 25% that are associated with erodible soils; (4) perennial and intermittent streams and stream buffers per the latest version of the environmental guidelines; (5) ephemeral channels/streams and buffers for those locations where such buffers are required per the latest version of the environmental guidelines or appropriate master plan; (6) existing one-hundred year floodplains and associated 25' building restriction lines; (7) wetlands and their buffers per the latest version of the environmental guidelines; (8) soils and geologic conditions including, soil type, structural limitations, soils that are hydric or have hydric inclusions, and erodible soils per the list in Appendix C of the environmental guidelines, and known serpentinite soils in Montgomery County; (9) rare, threatened or endangered plants or animals observed in the field; (10) critical habitat areas observed or documented by the Maryland Department of Natural Resources; (11) aerial extent of forest and tree cover which includes the outside perimeter of the canopy of individual trees; (12) champion trees and trees that have a diameter at 4.5 feet above the ground (DBH) that is 75% or more of the diameter of the current state champion for that species; (13) specimen trees; (14) a table that identifies individual trees that have a diameter at 4.5 feet above the ground (DBH) of 24" or greater by size and species and the health of those trees; (15) cultural features and historic sites; (16) a site vicinity map at 1" = 2000' which shows the location of the site within a square mile and indicates major roads; (17) a table containing acreage of wetlands, 100-year floodplains, stream buffers, and environmental buffers; and (18) a completed NRI/FSD application form, fee schedule worksheet, and review fee. B. A Forest Stand Delineation (FSD) application must be considered complete if it contains a detailed summary of existing forest and trees on a tract, or forest stand delineation which is verified by field survey and contains the following information to cover the development site and first 100 feet of adjoining land around the perimeter or the width of adjoining properties, whichever is less: (1) forest stands and field verified boundaries; (2) a description of each stand including: (a) acreage; (b) dominant and codominant tree species; (c) size class by species; (d) percent canopy closure; (e) number of canopy layers (vertical structure); (f) percent of forest floor covered by herbaceous plants (native species), downed woody material, and alien or invasive species; and (g) a stand condition narrative for each stand including, priority for retention, information on condition classes, structure, function, retention potential, transplant and regenerative potential, and comments on evidence of past management; and (3) specimen trees by size and species; (4) champion trees and trees that have a diameter at 4.5 feet above the ground (DBH) that is 75% or more of the diameter of the current state champion for that species, which must also be clearly numbered with corresponding tags in the field; (5) a table that identifies individual trees that have a diameter at 4.5 feet above the ground (DBH) of 24" or greater by size and species and the health of those trees, which must also be clearly numbered with corresponding tags in the field; (6) field survey reference points demarked on a plan drawing and in the field; (7) a table containing total acreage of forest, forest in priority retention areas, forest not in priority retention areas, forest within existing wetlands, forest within 100-year floodplains, and forest within stream buffers; (8) a summary map, which in addition to the information in subsections (1) and (2), shows the priority of forest stands for retention as described in Section 22A.00.01.07; and (9) a completed NRI/FSD application form, fee schedule worksheet and review fee. C. A simplified forest stand delineation may be used per subsection 22A-10(b)(2) of the Forest Conservation Law. The simplified plan must also include: (1) forest stands as determined by dominant species types and priority for retention; (2) stand condition narrative as described in subsection (B)(2). D. When necessary the items described in A and B, or A and C, above must be combined into one plan drawing and is called a Natural Resources Inventory/Forest Stand Delineation. E. The Natural Resources Inventory and Forest Stand Delineation must be prepared by a licensed forester, licensed landscape architect or other qualified professional; and must exhibit a stamp or certification of the preparer. The Natural Resources Inventory/Forest Stand Delineation must be used to determine areas of forest to be saved or planted. F. A Natural Resources Inventory and Forest Stand Delineation is valid for two years from the date it is approved. If a forest conservation plan or a plan under Section 22A-9 has not been accepted as complete during the two-year validity period, an approved Natural Resources Inventory and Forest Stand Delineation expires at the end of its validity period. An expired Natural Resources Inventory and Forest Stand Delineation may be recertified within one year after the expiration date, if the original plan preparer attests that there are no changes to the size and shape of the application tract, existing conditions, forest acreage, tree canopy, or any other detail of the originally approved Natural Resources Inventory and Forest Stand Delineation. A Natural Resources Inventory and Forest Stand Delineation may only be recertified one time. A new Natural Resources Inventory and Forest Stand Delineation may be required if there are changes to site conditions, applications, plan preparer, or applicant. A. The following areas are considered the highest priority retention areas for protection and must be left in an undisturbed condition unless the Planning Director or Planning Board find that the provisions of subsection 22A-12(b)(1) of the Forest Conservation Law, have been met and the development proposal cannot reasonably be altered: (1) trees, shrubs, and other plants located in sensitive areas including environmental buffers, slopes over 25 percent (not man-made), erodible soils on slopes of 15% or more, and critical habitats; (2) a contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site; (3) trees, shrubs, or plants identified on the Maryland Department of Natural Resources list of rare, threatened, and endangered species; (4) a forest area which has been designated as priority for retention in master plans or functional plans, or in the absence of such plans, a forest which exhibits all of the following characteristics as further described in the most recent version of the Trees Technical Manual: (a) high structural and species diversity; (b) few alien or invasive species present; (c) very good overall stand health; and (d) high potential to provide a significant amount of habitat for forest interior dwelling plant, animal, and bird species; and (5) an individual tree, and its critical root zone, with one or more of the following characteristics: (a) a tree that is 1" caliper or larger and part of a historic site or associated with a historic structure; (b) a tree designated as a national, state, or County champion tree; (c) a tree having a diameter, measured at 4.5 feet above the ground, of 75 percent or more of the diameter of the designated state or County champion tree; and (d) trees which have a diameter, measured at 4.5 feet above the ground with a diameter of 30 inches or greater; and (e) a tree which is a specimen of a species.; a forest area located in a Tier II or Tier III high quality watershed as identified by the Maryland Department of Environment; a forest area located in a water resource protection zone, a reservoir watershed or a wellhead protection area; (8) forests in urban areas as defined in Section 5-1607(c)(i) of the Natural Resources Article of the Maryland Code. B. The following areas are not subject to the retention provisions in subsection 22A-12(b)(1) of the Forest Conservation Law, but should be given consideration for preservation where feasible: (1) a forested area which provides a corridor 300 feet or more of primarily native vegetation between two larger forested tracts; (2) a forested stream buffer up to 300 feet on either side of a stream channel; (3) trees which act as a buffer between incompatible land uses and between dwellings and roads; (4) a forest stand, or portions of a stand, with good forest structural diversity; and (5) an individual tree with a diameter, measured at 4.5 feet above the ground, of 24 inches or greater which will significantly enhance the site through preservation. A. In developing a forest conservation plan, the applicant must give priority to techniques for maximizing retention of existing forest on the site. The Forest Conservation Law specifies percentages of all forested sites which, at a minimum, should be preserved. Applicants must strive to maximize forest retention whenever practical. B. If existing forest on the site subject to a forest conservation plan cannot be retained, the applicant must demonstrate, to the satisfaction of the Planning Board or Planning Director, as applicable: (1) how techniques for retention have been exhausted; (2) why the forests in priority retention areas specified in Section 22A.00.01.07 are not being retained; (3) if forests in priority retention areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with subsection 22A-12(e)(1)(A) of the Forest Conservation Law; (4) where on site in priority planting areas the afforestation or reforestation will occur in compliance with subsection 22A-12(e)(3) of the Forest Conservation Law; and (5) how the standards for afforestation and reforestation requirements in subsection 22A-12(e)(4) of the Forest Conservation Law will be met. C. Wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under Environment Article, Title 9, Annotated Code of Maryland, is subjected to the reforestation requirements of both the nontidal wetlands regulations and this subtitle, subject to the following: (1) forested nontidal wetlands which are retained, must be counted toward the forest conservation requirements of this subtitle; (2) forested wetlands which are permitted to be cleared must be replaced as required under the provisions of Environment Article, Title 9, Annotated Code of Maryland; (3) clearing within forested wetlands must be shown on the forest conservation plan; and (4) wetlands are priority retention areas. D. Retention Areas. (1) Forest retention areas must be at least 10,000 square feet in size and 50 feet wide, or be a part of a larger forest area which extends off-site and is protected. (2) Individual trees described as highest priority for retention in subsection 22A.00.01.07A may receive retention credit equal to the area of their critical root zone protected when at least two thirds of the entire critical root zone is permanently protected by an easement. (3) Individual trees which are not the highest priority for retention and tree stands less than 10,000 square feet and 50 feet wide may be credited toward afforestation and reforestation requirements as part of landscaping credit. (4) Retention area boundaries must be determined by a measure of the aerial extent of remaining forest cover which includes the outer perimeter of the canopy of individual trees, or the critical root zones that are protected, whichever is greater. E. Afforestation and Reforestation. (1) Afforestation and reforestation areas must be at least 10,000 square feet in size and 50 feet wide, or be adjacent to an existing forest area (either on-site or off-site) which is protected. (2) The following must be considered as highest priority planting areas for forest conservation plans with required afforestation and reforestation: (a) environmental buffers; (b) establish or enhance forest in buffers adjacent to ephemeral streams, when such streams are required to have buffers as recommended in an applicable Master Plan or in the latest version of the environmental guidelines; (c) establish or enhance forested areas on 100-year floodplains, when appropriate; (d) establish or increase existing forested corridors to connect existing forest within or adjacent to the site. Where practical forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement; (e) establish or enhance forest buffers adjacent to critical habitats where appropriate; (f) establish planting to stabilize natural slopes of 25% or greater and 15% or greater with erodible soils including slopes of ravines or other natural depressions; (g) establish buffers adjacent to areas of differing land use where appropriate, or adjacent to highways or utility rights-of-way; (h) establish forest areas adjacent to existing forests to increase the overall area of contiguous forest cover, when appropriate; and (i) non-forested wetlands are priority planting areas; however, these areas may be left in their existing condition when appropriate. (3) Planting plans for afforestation and reforestation must include the following: (a) a minimum of 5 native tree species (unless the site is to be actively managed under an approved forest management plan) and 2 species of native understory shrubs; (b) appropriate site preparation, protection and/or maintenance measures as described in the latest version of the Trees Technical Manual; and (c) a stocking rate for trees and shrubs and survival requirements, as shown in the following chart: F. Tree Save Plans. (1) Development applications on tracts which impact specimen or champion trees, including those on adjoining properties, are required to submit a tree save plan. (2) Preserving specimen or champion trees, and stands of trees which are valuable for compatibility reasons, must be included in these plans. If the loss of these trees is shown to be unavoidable, replacement must be required. (3) The replacement ratio must be determined in the following manner: (a) specimen and champion trees must be replaced by a planting plan at a ratio of 1caliper inch replaced for every 4 inches of trunk diameter removed, measured at 4.5 feet above the ground, which may be required to include planting or transplanting of large trees; (b) tree stands in an existing recorded scenic buffer must be replaced to replace the function of the stand; for instance, trees which provide screening must be replaced in sufficient kind and number to perform the same function. (4) The tree save plans must show on-site or off-site trees 6" DBH or greater located along the limits of disturbance if the proposed activity would impact the critical root zone of those trees, and must identify methods to preserve and protect those trees. G. Credit Toward Afforestation and Reforestation for Landscaping and Tree Save. (1) The Planning Board or Planning Director, as applicable, must find that all opportunities for establishing forest have been incorporated into on-site afforestation and reforestation plans before any credit for landscaping or tree save area is applied. (2) Trees receiving credit towards forest conservation requirements must not also be credited towards landscaping requirements, including planting and screening required by zoning or other regulatory requirements. (3) Newly planted landscape trees, within landscape areas must be 3" minimum caliper stock to be counted toward requirements. (4) Newly planted trees outside of forest, or designated landscape areas, must be 3" minimum caliper stock to be counted toward requirements. (5) The area(s) where trees are planted must have adequate soil conditions, volume, and surface area to sustain plantings; (6) Afforestation areas may be established as tree cover if the Planning Board or Planning Director, as applicable, find that tree cover is appropriate. Instances where it may be appropriate to satisfy afforestation requirements using tree cover include: (i) developments in urban areas; (ii) redevelopments; (iii) high-density residential developments; (iv) commercial and industrial developments; (v) high density mixed-use developments; and (vi) some institutional areas. (7) Landscaping, retention of tree stands, and retention of individual trees may be credited toward a sites’ reforestation requirements only for projects located within an equity focus area as follows: (a) landscaping areas or retained tree stands which are at least 2,500 square feet in size and 35 feet wide may receive full credit for their area; (b) landscaping areas and retained tree stands which are less than 2,500 square feet in size or 35 feet wide may receive one quarter credit for their area; (c) individual landscape trees may receive one quarter credit for the projected area of their canopy at 20-years; (d) individual non-priority trees which are retained may receive one quarter credit for the protected area of their critical root zone when at least two thirds of the entire critical root zone is protected; and (e) the total credit from these areas must not exceed twenty percent of the overall reforestation requirement for a site. (8) Landscaping, retention of tree stands, and retention of individual trees may be credited toward a sites’ afforestation requirements as follows: (a) sites with tree cover requirements per subsection (3): (i) landscaping areas or retained tree stands of any size may receive full credit for their area; and (ii) individual landscape trees which are retained may receive full credit for the projected area of canopy at 20-years; (b) sites with special provisions for meeting minimum afforestation requirements per Section 22A-12(f) of the Forest Conservation Law: (i) landscaping areas or retained tree stands which are at least 2,500 square feet in size and 35 feet wide may receive full credit for their area; (ii) landscaping areas or retained tree stands which are less than 2,500 square feet in size or less than 35 feet wide may receive one quarter credit for their area; (iii) individual non-priority landscape trees may receive one quarter credit for the projected area of their canopy at 20-years; (iv) individual trees which are retained may receive one quarter credit for the protected area of their critical root zone when at least two thirds of the entire critical root zone is protected; and (v) the total credit from these areas must not exceed twenty percent of the overall afforestation requirement for a site. A. Preliminary Forest Conservation Plans. (1) Development applications that need more than one approval must submit a preliminary forest conservation plan in conjunction with the first approval, unless multiple applications are submitted for simultaneous review and only a final forest conservation plan is required.. The The preliminary forest conservation plan may be based on conceptual analysis if the basic parameters are met and any assumptions are realistic. (2) A preliminary forest conservation plan must contain the following: (a) the shape and dimensions of lots, showing locations of any existing structures and improvements, including paved areas; (b) locations and dimensions of all existing and proposed rights-of-way, setbacks, easements, stockpile areas, and stormwater management facilities (road and utility rights-of-way which will not be improved as part of the development application must be identified); (c) location of building restriction lines and areas to be conserved including environmental buffers; (d) conceptual locations of proposed structures and improvements, drainage systems, and sediment control measures; (e) preliminary limits of disturbance of the natural terrain, and location of forest and tree retention areas, including acreage, with appropriate justification and proposed long-term protection methods (a conceptual grading plan and/or a more detailed tree survey may be required to determine the feasibility of proposed retention areas); (f) proposed locations of afforestation and reforestation areas, including acreage, and mitigation trees, if required; (g) a table containing the following information: (i) acreage of tract; (ii) acreage of the tract remaining part of an agricultural use; (iii) acreage of road and utility rights-of-way which will not be improved as part of the development application; (iv) acreage of total existing forest; (v) acreage of total forest retention; (vi) acreage of forest in priority retention areas; (vii) acreage of total forest retention in priority retention areas; (viii) acreage of total forest retention not in priority retention areas; (ix) acreage of total forest cleared in priority retention areas; (x) acreage of forest cleared not in priority retention areas; (xi) land use category and conservation and afforestation thresholds from subsection 22A-12(a) of the Forest Conservation Law; (xii) acreage of forest retained, cleared, and planted within wetlands; (xiii) acreage of forest retained, cleared, and planted within 100-year floodplains; (xiv) acreage of forest retained, cleared, and planted within stream buffers; (xv) total acreage of forest retained, cleared, and planted within priority planting areas; and (xvi) linear feet and average width of stream buffer provided; and (h) a forest conservation worksheet showing calculation of forest conservation requirements. B. Final Forest Conservation Plans. (1) A final forest conservation plan must be based on final site grading, if known, and must be submitted in conjunction with the final approval needed as part of a development application. However, if the development project requires the approval of one development application, the final forest conservation plan must be submitted with that development application. (2) In addition to the items listed in subsection A(2)(a-c), (f), (g) and (h), a final forest conservation plan must include: (a) conceptual or final grading plans which include building locations and footprints, retaining walls, road and parking layout, sidewalks and pathways, and location of recreation facilities; (b) a limits of disturbance line which reflects the limits of all clearing and grading on the tract, and the proposed location of sediment and erosion control devices and staging areas; (c) a survey of trees with a diameter of 24 inches and greater at 4.5 feet above the ground (or trees of other sizes if requested by Planning Department staff to determine the feasibility of proposed retention areas), within 50' on either side of the limits of disturbance, with critical root zones delineated, and with the distance from the tree face to the limits of disturbance shown on the plan or in an associated table; (d) retention areas including forest, tree stands and other individual trees to be saved, including acreage; (e) a note describing whether on site downed woody material is to be retained and incorporated into retention, afforestation, or reforestation areas to build habitat. (f) an afforestation and/or reforestation planting plan, if required, which contains: (i) a note indicating whether soil restoration techniques will be implemented; (ii) location and acreage of areas to be planted; (iii) an analysis of the suitability of the site for planting and a description of necessary methods; (iv) a list of target tree and shrub species, chosen based on analysis of site conditions, which can be used for site planting; (v) a plant materials table including size of plants to be installed and quantities; (vi) planting and inspection schedule which is tied to the construction sequence for the project; (vii) a maintenance plan which includes provisions for necessary watering, control of competing vegetation, protection from disease, pests, and mechanical injury, removal of protective measures such as deer caging, and reinforcement planting if plant survival falls below the requirements of subsection 22A.00.01.08E(3)(c); and (viii) a maintenance and management agreement; and (f) permanent protection area boundaries and long-term protection agreement, where appropriate, and building restrictions lines; (g) a protection plan which shows: (i) location of temporary protection devices which must be installed if clearing, grading, or construction occurs within 50 feet of a retention area boundary; (ii) stockpile areas and borrow pits; (iii) specifications and details for the protection device; (iv) a narrative of stress reduction or other measures which are needed for specific trees; (v) a field inspection schedule pursuant to Section 22A.00.01.10;; (vi) location of permanent protection devices; (vii) an arborist report that shows the methods to be utilized to protect any tree, 24" dbh and greater, when 30% or more of the critical root zone is impacted; and (viii) an arborist report may be required, on a case-by-case basis, for trees less than 24" dbh, when 30% or more of the critical root zone is impacted; (h) identification of how the off-site planting requirements will be met either through a fee in lieu payment, by acquiring mitigation credits from an approved forest mitigation bank, or by planting offsite; and (i) if off-site planting is going to occur, the forest conservation plan must include the items listed in subsection (e) plus a map of the proposed planting site showing location, soils, and environmental features which are priority planting areas as stated in subsection 22A.00.01.08E(2). C. Noticing Requirements for Forest Conservation Plans. (1) Applicants that require approval of a forest conservation plan must follow the noticing requirements identified in Chapter Administrative Procedures for Development Review in COMCOR 50/59.00.01.04. A. The Planning Department must conduct field inspections of a site subject to an approved forest conservation plan, tree save plan or confirmed forest conservation exemption as follows: (1) after the limits of disturbance have been staked and flagged, but before any clearing or grading begins (the purpose of the meeting should be to field verify the limits of clearing specified on the approved plan, authorize necessary adjustments, and to authorize necessary stress reduction measures and installation of protection devices); (2) after necessary stress reduction measures have been completed and the protection measures have been installed, but before any clearing or grading begins (the purpose of the meeting should be to field verify that both measures have been done correctly and to authorize clearing and grading); (3) after completion of all construction activities to determine the level of compliance with the approved plan; (4) before the start of any required reforestation planting (the purpose of the meeting should be to determine whether necessary pre-planting measures have been completed and authorize any necessary adjustments to the planting specifications); (5) after required reforestation and afforestation planting has been completed to verify that the planting is acceptable and to begin the required maintenance and management period; (6) two years after reforestation and afforestation have been completed, to determine survival and assess necessary maintenance activities for the remaining duration of the maintenance and management period; and (7) at the end of the maintenance and management period to determine the level of compliance with the provisions of the planting plan and, if appropriate, authorize release of any financial security. B. The applicant must: (a) request these inspections at the designated points; and (b) submit to the Planning Department semi-annual reports and photographs showing compliance with the provisions of the forest conservation plan by October 31st and April 30th of each year for the duration of the maintenance and management period. C. The Planning Department is authorized to conduct field inspections at any time other than those identified in Section 22A.00.01.10A. D. For sites without any planting requirements the final inspection is for the Planning Department to authorize removal of any tree protection measure. For sites with planting requirements, the final inspection occurs at the end of the maintenance and management period. A. A request for exemption from forest conservation plan requirements per Sections 22A-5, 22A-6, and 22A-7 of the Forest Conservation Law must be made in writing to the Planning Director. B. The following information must be provided as part of an exemption request: (1) an application form; (2) a written request detailing how the exemption applies to the proposed plan; (3) a Natural Resources Inventory, or Natural Resources Inventory/Forest Stand Delineation if forest is proposed to be removed, prepared per Section 22.00.01.06 and the environmental guidelines; (4) an original copy of a declaration of intent, if required, signed by the applicant named on the development or sediment control application; and (5) other appropriate information which supports the exemption request including a copy of the proposed plan for development, if applicable. C. A waiver from the requirement to provide a Natural Resources Inventory with an exemption request may be granted for: (1) single lot exemptions per subsection 22A-5(a) of the Forest Conservation Law if information is submitted, and the Planning Director affirms, that a natural resource inventory is not necessary but the information does show existing and proposed topography and forest boundaries; (2) agricultural exemptions per subsection 22A-5(b) of the Forest Conservation Law if a diagram is submitted with the exemption request showing existing and future forest boundaries; (3) commercial logging and timber harvesting exemptions per subsection 22A-5(d) of the Forest Conservation Law if a diagram is submitted with the exemption request showing existing and future forest boundaries, environmental buffers, harvest areas, and haul roads; and (4) applications for other exemptions, if the site being developed does not contain any forest specimen or significant trees, existing conservation easements, or environmentally sensitive features, and a plan showing existing features and topography is submitted with the exemption request. D. The Planning Director may require a person requesting an exemption from submitting a forest conservation plan to submit a tree save plan in conjunction with the exemption request. E. The Planning Board, or Planning Director, may require a person failing to file an exemption request per section 22A-4 of the Forest Conservation Law, or found in noncompliance with an exemption or a declaration of intent to: (1) submit a Forest Conservation Plan and meet the requirements in the Forest Conservation Law for a regulated activity; (2) pay a noncompliance fee; (3) be subject to other enforcement actions appropriate under Article III of the Forest Conservation Law; and/or (4) submit a request to be exempt form submitting a forest conservation plan. F. In its determination of appropriate enforcement action, the Planning Board may consider whether failure to file an exemption by a person required to file is a violation of this subtitle. G. A confirmed exemption that has not started any authorized land disturbance within 5 years from the date of confirmation automatically expires without notice. H. A confirmed exemption may not be amended. A new exemption must be submitted for review in order to make any changes. A. A declaration of intent is an affirmation by an applicant that a property is subject to the following activities and limitations and therefore is eligible for an exemption from the Forest Conservation A declaration of intent is required for the following exemptions from submitting a forest conservation plan; (1) An activity conducted on an existing single lot that is required to construct a dwelling house or accessory structure intended for the use of the owner, if the activity complies with subsection 22A-5(a) of the Forest Conservation Law; (2) A real estate transfer subject to subsection 22A-5(m) of the Forest Conservation Law. (3) An agricultural activity that complies with subsection 22A-5(b) of the Forest Conservation Law; (4) A commercial logging and timber harvesting operation that complies with subsection 22A-5(d) of the Forest Conservation Law; (5) A minor subdivision that complies with subsection 22A-5(n) of the Forest Conservation Law; (6) An activity involving the demolition of an existing structure that complies with subsection 22A-5(x) of the Forest Conservation Law. B. The declaration of intent must provide Planning Department staff with access to the property to verify compliance with the declaration. C. The declaration of intent is effective for 5 years after the date defined in the declaration of intent. D. The filing of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity: (1) does not conflict with the purpose of any existing declaration of intent; and (2) complies with the applicable requirements for an exempted activity. E. If a regulated activity on the area covered by the declaration of intent occurs within 5 years of the effective date of the declaration of intent: (1) the exemption immediately terminates without any action by the Planning Board; (2) the Planning Director may require approval of a Forest Conservation Plan for the property; and (3) the Planning Director, or Planning Board may take other enforcement actions, including those listed under Section 22A-17(a) of Article III of the Forest Conservation Law. F. An applicant may apply for a regulated activity on the area of the property not covered under the declaration of intent if the requirements of Section 22A-5 are satisfied. A. Forest Conservation Plan Amendments. (1) Minor amendments which do not result in more than a total of 5,000 square feet of additional forest clearing may be approved by the Planning Director on a case by case basis. These minor amendments may include field modifications and substituting one area of forest, for retention of another of equal or greater size and value. (2) Major amendments which entail: (a) more than a total of 5,000 square feet of additional forest clearing must be approved by the Planning Board or Planning Director (depending on who approved the original plan), or (b) removal of any conservation easement must be approved by the Planning Board. (3) All Forest Conservation Plan amendment applications must conform to the requirements of the Forest Conservation Law and regulations in effect at the time of submission. A. Maintenance Agreements. (1) A person required to conduct afforestation or reforestation under this regulation and the Forest Conservation Law must include in the forest conservation plan a binding maintenance agreement for a minimum length of 5 years unless reduced pursuant to Section 22A-12(h)(1) of the Forest Conservation Law. The binding maintenance agreement for forest conservation plans within Special Protection Areas must have a minimum length of 5 years and cannot be reduced. (2) The maintenance agreement must be submitted and approved by the Planning Director before the start of any land disturbing activities. (3) The maintenance agreement must detail how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment of forest. (4) The “oblige,” or person required to conduct the afforestation or reforestation must present evidence of a legal right to implement the proposed maintenance agreement on a selected site by providing: (a) an executed deed conveying title to a selected site to the obligee; (b) an executed conservation easement agreement; (c) written evidence of the landowner’s consent to the use of a selected property; (d) a fully executed option agreement, long-term lease agreement, or contract of sale for a selected property; or (e) other written evidence of a possessory or ownership interest in a selected property. (5) The Planning Director must be a signatory to the maintenance agreement, or must be designated a third-party beneficiary of the agreement. (6) The maintenance agreement must provide Planning Department staff with access to the property to verify compliance with the Forest Conservation Plan. (7) If the plantings have not met the survival requirements established in section 22A.00.01.08 or required control of non-native and invasive vegetation, reinforcement plantings and/or additional non-native invasive control will be required, and the maintenance period may be extended. B. Bonding. (1) Financial security must be provided per subsection 22A-12(i) of the Forest Conservation Law. (2) Financial security must be provided before authorization is granted to begin any clearing, grading, demolition, or land disturbing activities. (3) The value of the financial security must equal the in-lieu fee applicable at the time of land disturbance, or be based on a cost estimate, approved by the Planning Director, for implementing the planting and maintenance of trees and shrubs (including mitigation trees) and control of non-native and invasive plants. (4) The financial security must be in force until all measures for reforestation, afforestation, and maintenance requirements have been met to the satisfaction of the Planning Director. (5) A surety bond or other alternative form of security must not be canceled by the surety, bank, or other issuing entity unless both of the following conditions are satisfied: (a) the surety notifies the Planning Director and the applicant of its intent to cancel the bond, in writing, by registered mail, not less than 90 days before cancellation; and (b) at least 45 days before the cancellation date indicated in the notice, the applicant files a commitment from a surety, bank, or other issuing entity to provide a substitute security which must take effect on the cancellation date indicated in the notice. (6) Release of part of the financial security may be authorized by the Planning Department enforcement and monitoring staff after planting has been done. Any remaining financial security must be at least 50 percent, or greater, than the in-lieu fee that was in effect at the time of the first land disturbance. (7) An applicant must request an inspection of the planted areas by Planning Department enforcement and monitoring staff immediately after planting is complete. (8) Planning Department enforcement and monitoring staff must determine whether a partial release should occur, after planting has occurred, and how much, based on the following factors: (a) evidence of deer browse on existing trees and forest; (b) adherence to the planting plan; (c) condition of the planted material; (d) time of year when the planting has occurred and whether or not watering will occur; (e) size of planting stock; and (f) provisions of the protection and maintenance plan, including required control of non-native invasive vegetation. (9) Planning staff must release the financial security if the applicant requests a final inspection and the Planning staff determines that survival requirements have been met at the end of the maintenance period. An applicant must have in effect at all times, approved long-term protective measures as provided in subsection 22A-12(h)(2) of the Forest Conservation Law, to retain as forest, all land forested, afforested, or reforested and unforested lands left in an undisturbed condition per section 22A-12(b) of the Forest Conservation Law and limit the uses of those areas which are consistent with forest conservation. (1) Long-term protective measures may include, but are not limited to: (a) conservation easements or covenants; (b) Deed restrictions; and (c) dedication to M-NCPPC Parks as a conservation area. (2) A forest management plan may be included as part of a long-term protective agreement if the Planning Director finds it is consistent with County forest conservation objectives. Reserved

Applicant - A person applying for a group residential care facility license. Department - The Department of Health and Human Services. Director - The Director of the Department of Health and Human Services, or the Director’s designee unless otherwise specified. Facility - A group residential care home which houses three or more unrelated individuals located in a residential zone. It may accommodate a maximum of 16 residents, including supervisory staff. Facility does not include a bona fide foster home for children nor adult foster care or respite care homes for not more than three foster care or respite care clients certified or determined eligible for services by the Department of Health and Human Services, nor does it include group homes for developmentally disabled adults which are licensed by the Maryland Department of Health and Mental Hygiene, Developmental Disabilities Administration. Group residential care - The provision of shelter, board, facilities, resources for daily living, personal guidance and direction, and related supportive activities within a residential home environment. Licensee - Any person to whom a facility license has been issued in accordance with the provisions of Chapter 23A and these regulations. Person - Any individual; partnership; firm; public, private, profit, or nonprofit. corporation; association; governmental agency; or other legal entity. Resident - any individual who because of physical, emotional, mental, familial issues, or is under the jurisdiction of the Juvenile Court, and has a need for supervision or assisted living services. Staff Director - The person who is legally responsible for the overall operation of the facility and is directly responsible for compliance with all applicable laws and regulations. Unrelated individuals - Anyone who is not a son, daughter, grandson, granddaughter, father, mother, grandfather, grandmother, brother, sister, step-mother, step-father, step-son, step- daughter, husband, wife, or in-law of the licensee, owner, operator, or lessee of the group residential care facility. All existing or new facilities must comply with the provisions of these regulations in order to secure and maintain program certification. A. Applicable laws Any group residential facility licensed or regulated by the state and licensed by Montgomery County must comply with all applicable federal, state, and local laws and regulations. B. Staff Director: The licensee, if not serving as the Staff Director of the facility, must appoint a responsible person of legal age as Staff Director. The licensee must furnish to the Department, in writing, the full name, age, home address, and telephone number of the appointee. C. Registry 1. The licensee must maintain a permanent registry of the facility's residents. The registry must contain the following information on each resident: a. date of admission; b. registration or entry number; c. name of resident's physician; and d. name, address, and telephone number of the person to be contacted in case of emergency. 2. A separate registry may be kept by the licensee which must include the name of the resident which corresponds to the registration or entry number in the permanent registry. D. Restriction on Admission A licensee must admit to a facility only individuals who meet the definition of resident. Facilities licensed under these regulations must not admit a resident who requires nursing or domiciliary care, as defined in Chapter 25 of Montgomery County Code, 2004 as amended. E. Employee's Health Record The licensee must establish and maintain an individual health record on each staff member that must be retained with the staff member's employment record. Pre-employment Medical Examination. Prior to being employed as a staff member in a licensed facility: 1. Each person must be examined by a licensed physician and must take either a chest x-ray or an intradermal tuberculin test (mantoux test). A chest x-ray is required for all positive reactions to intradermal tuberculin tests. Positive x-rays must be reported to the local health officer by the Staff Director of the facility. 2. Each person must have a signed statement from a licensed physician indicating that he or she is free of tuberculosis in its communicable stage, free of all communicable diseases, and in good health. F. Reports and Action Required Any occurrence, such as fire, smoke, epidemic outbreaks, poisoning, or other unusual occurrences which threaten the welfare, safety, or health of any resident must be immediately reported to the Department of Health and Human Services. The licensee must furnish such information related to the occurrence as the Director may require. G. Communicable Diseases The licensee must provide for arrangements to transfer a resident suffering from active tuberculosis to an appropriate health care facility. Program certification is the certificate issued annually by the Director for a program which is in compliance with these regulations. A program which is not in compliance with these regulations and cannot meet the minimum requirements for certification must be denied a certificate. In the case of denial of program certification, the Director must inform the applicant in writing of the reasons for denial. No facility may alter or change its scope of program from that certified unless it has prior written approval from the Director. All programs must meet the following requirements for certification: A. Complaint Procedures 1. Complaint Procedure at the Facility As part of the program statement, the licensee must develop and describe the mechanism(s) and procedure(s) whereby residents can have easy and convenient access to the person designated by the licensee with whom complaints or grievances must be filed. Any person registering a complaint or grievance must be advised by the licensee that attempts will be made at the facility to resolve those complaints or grievances communicated to the responsible facility staff person. 2. Complaint Procedure at the Department of Health and Human Services The complainant must be advised by the licensee that if a grievance or complaint, whether originally filed in oral or written form, is not satisfactorily resolved at the facility, the grievance or complaint must then be forwarded to the Direct for resolution or conciliation. The procedure for conciliation of the grievance or complaint before the Director is as follows: a. All complaints or grievances must be in writing, signed by the complainant, and addressed to the Director. A copy of the written complaint must be sent of the licensee or Staff Director of the facility in question. b. The licensee or Staff Director must investigate the complaints or grievances described in the written complaint and must respond in writing to the Director within seven days of receipt of the complaint. A copy of the response must be sent to the complainant. The response must contain statements concerning the validity of the alleged complaint or grievance and any action or alternative solution proposed by the licensee to alleviate such complaint or grievance. c. The complainant must respond to the answer of the licensee or Staff Director and indicate the acceptability of the response provided under subsection b. This response must be sent by the complainant to the Director in writing within seven days of receipt of the facility’s answer. A copy of the response must be sent to the licensee or Staff Director of the facility. d. Any complainant who is dissatisfied with the licensee’s response must receive notification of additional complaint procedures at either the County or State. B. Inspection of Facility Records 1. To fulfill the responsibilities of program certification, the Director may, at any reasonable time, with or without a complaint being filed, visit or inspect any facility licensed under chapter 23A in order to determine whether such facility is in compliance with applicable requirements of the law and regulations relating to program certification, and to ensure that the facility meets current certification standards. This is accomplished by a continuing review, which includes a review of the facility’s records, observation of the Staff Director’s work with residents, and periodic evaluation of the program and service. The Director has full power to conduct investigations, including the right of entry into the facility at all reasonable times. 2. The facility must maintain records on each resident. Program reports must be available and open to inspection by the Director at any reasonable time. The licensee must keep such records by name, number or code so long as the licensee can properly identify each resident. 3. All records about residents maintained by licensees are confidential and must be properly secured. The licensee must have a policy and procedure on protecting the rights of privacy concerning the records of each resident. Such policy or procedure must be in writing, clearly stated, and must include guidelines for access to these records and procedures for use of these records. At the time an application for a license is submitted, the applicant must furnish to the Director a separate program statement in a format approved by the Director. The program statement must describe the following: A. The program purpose, goals, and objectives. B. The means to accomplish the goals and objectives. C. The needs and capabilities of the population served. D. The proposed budget, resources, and procedures to meet those needs. E. Proposed operating methods and procedures for medication management, transportation, social and recreational services, 24 hour supervision, personal care services, and food services. F. Client admission and retention criteria. G. Qualifications and experience of the applicant and personnel operating the group home. H. Emergency preparedness. A. Evacuation Plan Each licensee must develop an evacuation plan for use in case of fire or other emergencies. Copies of this plan must be posted in conspicuous locations and all residents must be fully acquainted with the plan. 1. Fire drills must be held at least once a month. The Staff Director must keep a record of the drills. 2. The purpose of the fire drills must be to familiarize employees and residents with the evacuation plan. 3. The assistance of local fire officials should be sought in developing a satisfactory plan of fire drills. B. Communication There must be a telephone in the building to summon help promptly in case of fire or other emergencies. Pay stations or locked telephones do not meet this requirement. C. Transportation For facilities served by private access roads, the licensee must be responsible for maintaining such roads in passable condition at all times. Facilities must be in conformance with all applicable provisions of the Montgomery County Code and Executive Regulations, including, but not limited to: housing, zoning, and permitting services. Every applicant must provide a statement from the County Fire Marshall that the home meets all appropriate Life Safety Code standards. A. The following additional requirements are applicable to facilities housing 6 or fewer residents: 1. The facilities must comply with the National Fire Protection Association life safety requirements for one and two family dwellings as outlined in the National Fire Protection Association (NFPA) 101, Life Safety Code, 2009 Edition, as amended, unless otherwise required in this regulation; and 2. Household fire warning equipment must be provided as specified in the National Fire Protection Association (NFPA) 72, National Fire Alarm Code, 2007 Edition, Chapter 11, entitled Single- and Multiple-station Alarms and household Fire Alarm systems. B. The following additional requirements are applicable to facilities housing more than 6 residents but not mor than 16 total persons including staff: 1. The National Fire Protection Association life safety requirements for lodging and rooming houses as indicated in NFPA Standard No. 101, Life Safety Code, 2009 Edition as amended; and 2. Requirements for smoke detection equipment in accordance with NFPA 72, National Fire Alarm Code, 2007 Edition. If a court holds that part of this regulation is invalid, the invalidity does not affect the other parts. This regulation takes effect 30 days after approval by the County Council.

Non-elderly $ 50.00 each bed Elderly $ 60.00 each bed Duplicate license $ 10.00 Filing an annual renewal after the license expires $100.00 This regulation takes effect on August 1, 2001.

In these regulations, terms defined in Section 24-9 of the County Code are applicable and not redefined; the following words and phrases have the following meanings: Director - The Director of the Department of Health and Human Services or the Director’s designee. Employee - Any person who regularly provides services to a business for compensation. Employee includes a temporary or part-time employee, contractor or consultant. The exception stated in Section 24-9(c)(2) applies only to an individual’s personal vehicle. A. Authority to Investigate 1. The Director may inspect or cause to be inspected during reasonable hours, any part of a public or private facility subject to the restrictions set forth by Section 24-9 in order to determine compliance with the designation and posting provisions of the law and regulations. 2. The Director may investigate, or cause to be investigated, any complaint against an individual violating these regulations or Section 24-9. 3. Except for rail transit stations, the Director may investigate, or cause to be investigated, any complaint involving any of the above facilities alleging that the owner or operator of the facility permits any individual to smoke or vape in areas posted as no smoking. 4. The Health Department will forward smoking complaints involving bus, pedestrian, and/or train facilities at rail transit stations to the agency responsible for facility operation. Complaints concerning facilities operated by the Washington Metropolitan Area Transit Authority (WMATA) will be forwarded to the Director General Manager of WMATA. Complaints concerning facilities operated by the Maryland Transit Administration (MTA) will be forwarded to the MTA Administrator. B. Enforcement 1. County employees should report violations of Montgomery County Code (2014) Section 24-9 and this regulation in County government workplaces and public areas directly to their immediate supervisors. Employees should report continued violations to the Director. The Director will then forward these complaints, and any documented evidence, to the director of the department where the alleged violation occurred, with a copy to the Chief Administrative Officer. The director of the department must investigate the alleged violation and take necessary corrective action. 2. Private sector employees should report violations of Montgomery County Code (2014) Section 24-9 and this regulation to their employer or the person designated in the employer’s written workplace policy in order to resolve the complaint. Employers must attempt to resolve complaints at the workplace. In response to complaints, the Department of Health and Human Services will inspect the workplace for compliance with this section including examination of signage and the content, clarity, dissemination, and implementation of the smoking policy. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect immediately after approval by the County Council.

In these regulations, terms defined in Section 24-11 of the County Code are applicable and not redefined; the following words and phrases have the following meanings: Applicant - A person applying for a massage establishment, massage establishment manager, or massage worker license. Massage establishment manager - An individual who acts as the manager of a massage establishment. Massage worker - An individual who administers massages to other individuals. Renewal Applicant - A person applying for the renewal of a massage establishment, massage establishment manager, or massage worker license. A. LICENSE APPLICATION FOR A MASSAGE ESTABLISHMENT Under procedures established by the Director, a person may obtain a Massage Establishment License by applying to the Director on a form provided by the Director that, at a minimum, requires the person to provide: 1. The applicant's name, current address, the location and mailing address of the proposed establishment, and any address where the applicant has conducted business for the past 5 years; 2. If the applicant is an association or a partnership, the names and resident addresses of each of the associates or partners. If the applicant is a corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If one or more of the stockholders owning more than 10% of the applicant corporation is itself a corporation and owns at least 33% of the stock of the applicant corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If the massage establishment is to be managed by someone other than the applicant, the name and resident address of each manager. Each person who must be identified on the application under this paragraph is considered an applicant under these regulations; 3. A description of the facilities and services to be available on the premises of the proposed establishment; 4. The applicant's employment history for the 3 year period preceding the date of application; 5. A statement regarding whether the applicant has ever been convicted of, or pled nolo contendere to, or received probation before judgment in lieu of a conviction of, a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime; a description of the disposition of the matter; and the name and address of any parole or probation officer or agency that may have knowledge of the offense or the proper completion of any sentence, probation, or parole; 6. A statement regarding whether the applicant has ever received a civil citation for practicing massage without a license or any related offense. 7. All necessary signatures and approvals to authorize a complete criminal background check for all applicants; 8. A copy of the applicant's fingerprints, which must be taken by the Montgomery County Police Department upon payment of the fee established by Executive Regulation, and 4 passport style photographs of the applicant, consisting of 3 front and one side view; 9. The required fee; 10. The history of the applicant in the operation of massage establishments including whether or not the person, in previously operating in this or another county or state under license, registration or permit, has had a license, registration, or permit revoked or suspended, and the reason for the revocation or suspension, and the business activity or occupation of the applicant after the suspension or revocation; 11. The applicant's statement under oath that all of the information contained in the application is true and correct; 12. Evidence that the applicant has a comprehensive general liability insurance policy from an insurer licensed in Maryland in the amount of at least $ 1,000,000 that covers all acts of the licensee; a certificate indicating that a massage establishment manager(s) and all massage workers have professional liability insurance in the amount of $500,000 each; and evidence that the applicant has workmen's compensation insurance coverage as may be required under state law; and 13. Evidence that the applicant has a license and permit bond in the amount of $10,000 to cover all activities at the massage establishment. B. APPLICATION FOR MASSAGE ESTABLISHMENT MANAGER LICENSE 1. Nature of Applicant - Only individuals may apply for a massage establishment manager license. 2. Names, Addresses and Phone Numbers - Each application must include: a. The full name of the applicant, including any maiden name, alias or name under which the applicant has previously been known; b. The applicant's date of birth, residence address, social security number, and residence phone number at the time of application and for the 3 year period preceding the date of application; and c. The applicant's business address and business phone number at the time of application. 3. Fingerprints - A complete set of fingerprints of the applicant taken by the Montgomery County Police Department must accompany each application. 4. Location of Worksite - Ownership: a. An application for a manager license must include: (i) The location and mailing address of the massage establishment in Montgomery County where the applicant will be working; (ii) The phone number of the massage establishment (if the establishment has phone service at the time of application); and (iii) The name of the person who holds the Montgomery County license to operate the massage establishment where the applicant will be working. b. A license issued under this section is only valid at a single establishment. If an individual works as a manager at more than one establishment, the individual must apply separately for a license for each establishment. 5. History of Applicant -Training and Experience - The application must include: a. A description of the applicant's training and experience, including any licenses to administer massages or to manage or operate a massage establishment, or diplomas or certificates from professional organizations recognized by the director; and b. The names and addresses of each massage establishment where the applicant has been employed, and the dates of employment. If the applicant has not been employed by a massage establishment during the past 3 years, the names and addresses of the applicant's employers during the 3 years preceding the application. 6. History of Applicant - Prior License History: The application must include information regarding any massage related permit, registration, or license that has been denied, suspended or revoked, and the reasons for the denial, suspension or revocation. The application must also indicate whether the applicant has ever received a civil citation for practicing massage without a license or any related offense. 7. Criminal Record - The application must include the criminal or arrest record, if any, other than misdemeanor traffic violations, of the applicant. 8. Proof of Age - The application must include written proof that the applicant is at least 18 years of age. 9. Legally Employable - The application must include documentation supporting the individual's legal authority to work in the United States. 10. Photographs - The application must include 3 recent color photographs of the applicant, not more than 2 inches square. 11. The application must include evidence that the applicant has a professional liability insurance policy from an insurer licensed in Maryland in the amount of $500,000 which covers all acts involved with employment at a massage establishment. 12. The application must include evidence that the applicant has a license and permit bond in the amount of $ 10,000 that covers all acts involved with employment at a massage establishment. C. EXEMPTION The following categories of individuals and establishments are exempt from the licensing requirements under these regulations, except as specified in C.3.b. of this regulation, but upon request of any police officer or county code enforcement official must produce certification from the State Board or other certifying board as proof that the person(s) has certification or registration in good standing: 1. a person who is a certified massage therapist or registered massage practitioner or otherwise approved by the Board of Chiropractic Examiners, and who operates an independent practice or performs massage in a massage establishment; 2. an athletic trainer who meets the following criteria and applies for the appropriate application for an exemption: a. currently certified by the National Athletic Trainers' Association Board of Certification (NATABOC) or a comparable organization that is certified by the National Commission of Certifying Agencies and works under the supervision of a physician; or b. affiliated with an accredited educational institution or professional athletic organization whose members are participating in athletic competition or events sponsored by these organizations; or 3. an establishment where only certified massage therapists or registered massage practitioners or others approved by the Board of Chiropractic Examiners perform massage. Any establishment seeking an exemption on this basis must: a. provide an annual business plan to include: (i) name and address of business; (ii) type of business and services provided; (iii) days and hours of operation; (iv) a list of employees currently licensed by the Maryland Board of Chiropractic Examiners who perform massage on the premises; and (v) a statement that all employees providing massage therapy to customers will possess a valid license from the Maryland Board of Chiropractic Examiners. b. Only hire employees to perform massage if they have a valid State or Montgomery County Massage Worker License. c. Submit an application for Use and Occupancy to the Director of Permitting Services or other jurisdiction authority for any new establishment. D. CRITERIA FOR DENYING ISSUANCE OR RENEWAL OF A MASSAGE ESTABLISHMENT OR MASSAGE ESTABLISHMENT MANAGER LICENSE 1. The Director must not issue or renew a massage establishment license or massage establishment manager license to: a. Any applicant or manager who has, within 5 years immediately preceding the date of the application, been convicted of, pled guilty or nolo contendere to, or who has within the last 3 years immediately preceding the date of the application been released from prison based on a conviction of, guilty plea or nolo contendere to, or who has been placed on probation without a finding of guilt for, or who has within 3 years immediately preceding the date of the application completed a period of probation based upon a charge for: (i) Any offense involving violence, or an offense involving a weapon; (ii) Any sex offense as defined in Article 27 of the Annotated Code of Maryland, to include first and second degree rape and first, second, third and fourth degree sex offenses; (iii) Prostitution or soliciting for prostitution; (iv) Violation of any laws governing controlled dangerous substances; or (v) Violation of gaming laws. b. Any applicant who makes a false statement or gives a false answer to any question on any form required by the department or who attempts to procure or procures a license by fraud, misrepresentation, misleading statements, evasion or suppression of material facts. 2. The Director may not issue or renew a massage establishment license or massage establishment manager license to an applicant if there is probable cause to believe that the applicant has violated any provision of Montgomery County Code Section 24-11 within the 5 years immediately preceding the date of the application. Probable cause may be established by sworn affidavits of police officers or inspectors from the Department of Health and Human Services or the Department of Permitting Services, or other evidence under the discretion of the Director. E. CHANGE OF INFORMATION CONTAINED IN LICENSE APPLICATION Each licensee to whom the Director has issued a massage establishment license or manager license must report to the Director any change in any of the information required to be provided in a massage establishment or manager application under 24.11.01.02.A. The person must make a written report of any change and deliver the report to the Director no more than 48 hours after learning of the change. Failure to deliver a report of a change to the Director within 48 hours after learning of it is grounds for denial or revocation of the license. F. TERM OF MASSAGE ESTABLISHMENT LICENSE AND MANAGER LICENSE The term of each massage establishment license or manager license issued by the Director is one year. G. MASSAGE ESTABLISHMENT LICENSE AND MANAGER LICENSE ANNUAL FEES Except as provided in this section, each applicant must submit an application and an annual fee in the amount established in the Fee Schedule to the Director with the initial license application and each renewal. H. MASSAGE ESTABLISHMENT LICENSE AND MANAGER LICENSE RENEWAL 1. Any person to whom the Director has issued a massage establishment license or manager license may renew the license, unless the license has expired or has been revoked by the Director. Each renewal applicant must deliver a written license renewal application, on the form provided by the Director, to the Director on or before 30 days before the license expires. In the license renewal application, the applicant must swear or affirm that the licensed massage establishment is being operated in compliance with the minimum standards for a massage establishment license. 2. The renewal applicant must submit to the Director an annual fee with the renewal application in the amount established in the Fee Schedule. 3. The term of each renewed massage establishment license and manager license is one year. I. CHANGE OF LOCATION FOR MASSAGE ESTABLISHMENT FACILITY A person to whom the Director has issued a massage establishment license must not change the location of the massage establishment within the County unless: 1. The person notifies the Director in writing, on a new application form, of the intent to change locations before the change occurs; 2. The person submits a change of location fee in the amount established in the Fee Schedule to the Director; and 3. The Director approves the change of location based on establishment licensing requirements of Section 24-11 of the County Code. J. MASSAGE ESTABLISHMENT LICENSES NOT TRANSFERABLE A person to whom the Director has issued a massage establishment license must not transfer the license to any other person. K. INSPECTIONS 1. A person who operates a massage establishment must permit the Director or the Montgomery County Police Department to enter the massage establishment to conduct an inspection. Inspections may be conducted without prior notice. At the Director's request, a person operating a massage establishment must: a. Produce all business and employment records, including customer registries, licenses, certificates; and registrations that are required by Section 24-11 of the County Code or the State Board; b. Give the Director access to enter and inspect the entire massage establishment; and c. Permit the Director to interview all employees, customers, and agents of the person who is licensed to operate the massage establishment. 2. If a person who is licensed to operate a massage establishment does not permit the Director to conduct an inspection as required by this regulation, or to cooperate with an inspection, the person violates Section 24-11 of the County Code, and the Director may deny that person's application for a massage establishment license or revoke that person's massage establishment license. 3. Upon receiving a report that an individual is suspected of operating a massage establishment without a license or exemption under this subtitle, the Director or the Montgomery County Police Department may enter the premises to investigate. A. CERTIFICATION REQUIRED Section 24-11 of the County Code requires that certain people who perform massage hold a license. B. APPLICATION FOR A MASSAGE WORKER LICENSE Each person applying for a massage worker license must submit a written application, made under oath or affirmation, in the form provided by the Director. Each person who makes an application must provide the following: 1. The person's full name, residential address, and residential telephone number; 2. The name and address of the massage establishment where the person is to be employed, and the name of the owner of the establishment; 3. The names and addresses of any previous massage establishments where the person has been employed for the 3 year period preceding the date of application; 4. The applicant's employment history for the 3 year period preceding the date of application; 5. A statement regarding whether the applicant has ever been convicted of, or pled nolo contendere to, or received probation before judgment in lieu of a conviction of, a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime and a description of the disposition of the matter; and the name and address of any parole or probation officer or agency that may have knowledge of the offense or the proper completion of any sentence, probation or parole; 6. All necessary signatures and approvals to authorize a complete criminal background check; 7. A copy of the applicant's fingerprints, which must be taken by the Montgomery County Police Department upon payment of the fee established by Executive Regulation, and 4 passport style photographs of the applicant, consisting of 3 front and one side view; 8. The required fee; 9. The applicant's statement under oath that all of the information contained in the application is true and correct; 10. Health Certification - Every applicant for a new or renewal massage worker registration must undergo a physical examination for communicable diseases. The examination must include a tuberculosis skin test administered and interpreted by a licensed physician or registered nurse, together with any other laboratory tests required as part of the examination by a licensed physician. This certification must be issued within 30 days of the examination and signed by a physician stating that the person examined appears at the time of the exam to be free from any communicable disease. The examination must have been done no more than 60 days prior to submitting a new application or the expiration date for a renewal application. An application for issuance or renewal of a license cannot be accepted without the physician's certificate; 11. Evidence that the applicant has a professional liability insurance policy from an insurer licensed in Maryland in the amount of $500,000 which covers all acts involved with their employment at a massage establishment; and 12. Evidence that the applicant has a license and permit bond in the amount of $10,000 that covers all acts involved with their employment at a massage establishment. C. CRITERIA FOR DENYING ISSUANCE OR RENEWAL OF A MASSAGE WORKER LICENSE The Director must not issue or renew a massage worker license to: 1. Any person who has, within 5 years immediately preceding the date of the application, been convicted of, pled guilty or nolo contendere to, or who has within the last 3 years immediately preceding the date of the application been released from prison based on a conviction of, guilty plea or nolo contendere to, or who has been placed on probation without a finding of guilt for, or who has within 3 years immediately preceding the date of the application completed a period of probation based upon a charge for: a. Any offense involving violence, or an offense involving a weapon; b. Any sex offense as defined in Article 27 of the Annotated Code of Maryland, to include first and second degree rape and first, second, third and fourth degree sex offenses; c. Prostitution or soliciting for prostitution; d. Violation of any laws governing controlled dangerous substances; or e. Violation of gaming laws. 2. Any person who makes a false statement or gives a false answer to any question upon any form required by the department or who attempts to procure or procures a massage worker license by fraud, misrepresentation, misleading statements, evasion or suppression of material facts must not be issued a massage worker license. D. CHANGE OF INFORMATION CONTAINED IN APPLICATION FOR A MASSAGE WORKER LICENSE The applicant must make a written report of any change in any of the information required to be provided on the application and deliver the report to the Director no more than 48 hours after learning of the change. Failure to deliver a report of a change to the Director within 48 hours after learning of it is grounds for denial or revocation of the license. E. TERM OF MASSAGE WORKER LICENSE The term of each massage worker license issued by the Director is one year. F. MASSAGE WORKER LICENSE FEE Each person who applies for a massage worker license must submit to the Director, an application and annual license fee, with the massage worker license application, in the amount established in the Fee Schedule. G. MASSAGE WORKER LICENSE RENEWAL 1. Any person to whom the Director has issued a massage worker license may renew the massage worker license, unless the license has expired or the Director has revoked the massage worker license. Each person who requests renewal of a massage worker license must deliver a renewal application, on the form provided by the Director, to the Director on or before 30 days before the massage worker license expires. 2. The person seeking renewal of the massage worker license must submit to the Director, an annual massage worker license fee, with the massage worker license renewal application, in the amount established in the Fee Schedule. A. RESPONSIBILITY The licensee of a massage establishment must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section. Where the licensee of the massage establishment delegates duties to a manager, the manager must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section. B. NOTICES Each massage establishment must: 1. Have a legible sign, at least 18" by 24" in size, posted next to or on the entrance door identifying the premises as a massage establishment, with the words "licensed massage establishment" and the words "this massage establishment is subject to police inspection" printed in letters no less than one inch in height on a background that is a contrasting color; 2. Display at a location inside the establishment and visible to individuals entering the establishment: a. The license to operate the establishment; b. The license of the massage establishment manager; c. The massage worker licenses for each person performing massage at the establishment; d. The massage therapist certificate or massage practitioner registration issued by the State Board to any person performing massage at the establishment; and e. A copy of Section 24-11 of the County Code and these regulations. 3. Display at each location where massages are given, notice that the premises are subject to inspection under this subtitle. C. MINIMUM STANDARDS FOR MASSAGE ESTABLISHMENT FACILITIES Each person who operates a massage establishment in the County that is required to hold a massage establishment license under 24.11.01.02.A. of these regulations, and each applicant, must: 1. Locate the massage establishment in a proper zoning district as specified in Chapter 59 of the County Code; 2. Ensure that the building in which the massage establishment is located complies with all federal, State, and local laws and regulations; 3. Install at least one hand basin in each room in which massages are administered; 4. Ensure that all walls, ceilings, floors, pools, showers, bathtubs, steam rooms, hand basins, baths, spas, and other physical facilities located at a massage establishment are in good repair and maintained in a clean and sanitary condition; 5. Thoroughly clean and disinfect each wet and dry heat room, steam or vapor room, or steam or vapor cabinet, shower, bathtub, hand basin and toilet room at the massage establishment facility after use by each patron when the facility is in operation; 6. Provide clean, laundered, and sanitary towels and linens for each patron of the massage establishment; 7. Install cabinets for the storage of clean towels and linens, and keep the cabinets clean and sanitary; 8. Ensure that all staff providing massages employed at the massage establishment cleanse his or her hands thoroughly with soap and hot running water immediately before administering each massage; 9. Maintain a registry at the massage establishment and record in the registry the name, residence address, and a description and the date of all services provided to each customer of the establishment; 10. Require each customer of the massage establishment to provide positive identification and to sign the registry; 11. Keep the records entered in the registry of the massage establishment for at least 3 years after the date of service; 12. Ensure and verify that every person who administers a massage at the massage establishment is either certified by the State Board to practice massage therapy or registered by the State Board to practice non-therapeutic massage, or has a County massage worker license; 13. Ensure that no illegal activity is conducted at the massage establishment and that no person employed by the establishment has been convicted of a crime other than traffic offenses for which a sentence of incarceration could not have been imposed within 5 years immediately preceding the date of the application; 14. Ensure that the business operates between no earlier than 8:00 a.m. and no later than 9:00 p.m. 15. Maintain throughout the term of the massage establishment license a comprehensive general liability insurance policy from an insurer licensed in Maryland in the minimum amount of $1,000,000, which covers all acts of a massage establishment licensee, a certificate indicating that a massage establishment manager(s) and all massage workers have professional liability insurance in the amount of $500,000 each, workmen's compensation insurance as required under State law, and a license and permit bond in the amount of $10,000 each to cover all activities at the massage establishment. The licensee must be able to show evidence that this requirement is met at any time to any police officer or code enforcement official; and 16. Maintain throughout the term of the massage establishment manager and worker license professional liability insurance in the amount of $500,000 each issued by an insurer licensed in Maryland, and a license and permit bond in the amount of $10,000 each. A massage establishment manager and worker must be able to show evidence that this requirement is met at any time to any police officer or code enforcement official. D. RESIDENCY No person may reside at a massage establishment. E. CLOTHING All employees must wear opaque clothing that completely covers their trunk at all times. F. PROHIBITED ACTS A person required to have a massage establishment manager or massage worker license under Section 24-11 of the County Code and these regulations must not: 1. Uncover his/her erogenous areas or the erogenous areas of another person; 2. Administer a massage to a person of the opposite sex; 3. Massage, or offer to massage, an erogenous area of another person; or 4. Engage in any prostitution-related activities, including but not limited to: solicitation, assignation, pandering, common nuisance, or prostitution in the massage establishment. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect the day after approval by the County Council Initial Establishment Application (Non-refundable) $ 200.00 Initial Manager Application (per location) (Non-refundable) $ 200.00 Initial Worker Application (Non-refundable) $ 200.00 Establishment License $2,000.00 Establishment Manager License $ 500.00 Establishment Worker License $ 500.00 Duplicate License $ 10.00 Additional charge for filing renewal application after expiration $ 100.00 Establishment Change of Location $1,000.00 This regulation takes effect on August 1, 2001 In these regulations, terms defined in Section 24-11B of the County Code are applicable and not redefined. The following words and phrases have the following meanings: Applicant- A person applying for a license to operate a bodyworks establishment. Department- The Montgomery County Department of Health and Human Services. License- A license to operate a bodyworks establishment. A bodyworks license is not required for the operation of a business in which every person who provides services is licensed by the Maryland Board of Acupuncture or is otherwise exempted by Section 24-11B(b) of the Code. A. APPLICATION FOR A LICENSE TO OPERATE A BODYWORKS ESTABLISHMENT A person may obtain a license to operate a bodyworks establishment by applying to the Director on a form provided by the Director that, at a minimum, requires the applicant to provide: 1. The applicant's name, current address, the location and mailing address of the proposed establishment, and any address where the applicant has lived or operated a business for the past five years; 2. The applicant's employment history for the previous three years preceding the date of the application; 3. A copy of any professional license or certification related to bodyworks held by the applicant, if applicable; 4. A list of all employees who will provide bodyworks services; 5. A passport-style photograph taken within the past 24 months; 6. The applicant's fingerprints; 7. A statement that the applicant is in good health and free of communicable diseases; 8. If the applicant is not a United States citizen, evidence of legal presence and employability in the United States; 9. A statement regarding whether the applicant has ever been convicted of, pled nolo contendere to, or received probation before judgment of a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime; a description of the disposition of the matter; and the name and address of any parole or probation officer, or agency that may have knowledge of the offense or the proper completion of any sentence, probation or parole; 10. A statement regarding whether the applicant has ever received a civil citation for practicing massage or bodyworks without a license; 11. A statement regarding whether the applicant has ever had a license to practice massage or bodyworks revoked by the State of Maryland or any other jurisdiction; 12. A written description of the services to be provided by the establishment; 13. All necessary signatures and approvals to authorize a complete criminal background check; 14. If the applicant is an association or a partnership, the names and resident addresses of each of the associates or partners. If the applicant is a corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If one or more of the stockholders owning more than 10% of the applicant corporation is itself a corporation and owns at least 33% of the stock of the applicant corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If the bodyworks establishment is to be managed by someone other than the applicant, the name and resident address of each manager. Each person who must be identified on the application under this paragraph is considered an applicant under these regulations. 15. The applicant's signature, either notarized or witnessed by a representative of the Department. B. CHANGE OF INFORMATION CONTAINED IN LICENSE APPLICATION Each person to whom the Director has issued a license must report to the Director any change in any of the information required to be provided in a bodyworks or massage establishment or manager application under 24.11.01.02.A. The licensee must make a written report of any change and deliver the report to the Director no more than 72 hours after learning of the change. Failure to deliver a report of a change to the Director within 72 hours of learning of it is grounds for denial or revocation of the license. C. EXEMPTION The following categories of individuals and establishments are exempt from the licensing requirements under these regulations, except as specified in C.3.b. of this regulation, but upon request of any police officer or county code enforcement official must produce certification from the State Board or other certifying board as proof that the person(s) has certification or registration in good standing: 1. a person with a license, registration, or other approval issued by the Maryland State Board of Chiropractic and Massage Therapy Examiners to provide massage under § 3-5A-05 of the Health Occupations Article; 2. a person with a license, registration, or other approval issued by the Maryland State Board of Acupuncture to provide acupuncture under § 1A-301 of the Health Occupations Article; 3. an athletic trainer who meets the following criteria and applies for the appropriate application for an exemption: a. is currently certified by the National Athletic Trainers' Association Board of Certification (NATABOC) or a comparable organization that is certified by the National Commission of Certifying Agencies and works under the supervision of a physician; or b. is affiliated with an accredited educational institution while performing professional duties at that institution; or c. is employed by a professional athletic organization, while treating members of that organization; or 4. an establishment where only certified massage therapists, registered massage practitioners, licensed acupuncturists, or others approved by the Board of Chiropractic and Massage Therapy Examiners or the Board of Acupuncture perform bodyworks. Any establishment seeking an exemption on this basis must: a. provide an annual business plan to include: (i) name and address of business; (ii) type of business and services provided; (iii) days and hours of operation; (iv) a list of employees currently licensed by the Board of Chiropractic and Massage Therapy Examiners or Board of Acupuncture who perform bodyworks on the premises; and (v) a statement that all employees providing massage therapy to customers will possess a valid license from the Board of Chiropractic and Massage Therapy Examiners or Board of Acupuncture b. Submit an application for Use and Occupancy to the Director of Permitting Services or other jurisdiction authority for any new establishment. A. RESPONSIBILITY The licensee of a bodyworks establishment must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section. Where the licensee delegates duties to a manager, the manager must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section. B. MINIMUM STANDARDS FOR BODYWORKS ESTABLISHMENT FACILITIES Each person who operates a bodyworks establishment in the County that is required to hold a license under Section 24-11B of the County Code must: 1. Locate the bodyworks establishment in a proper zoning district as specified in Chapter 59 of the County Code; 2. Provide a copy of the application for a Use and Occupancy Permit for the premises; 3. If the applicant does not own the premises, a statement from the property's owner indicating that the owner is in agreement with the applicant's plan to operate a bodyworks establishment on the premises; 4. Ensure that the building in which the bodyworks establishment is located complies with all federal, State, and local laws and regulations; 5. Ensure that at least one hand basin is immediately available in each area where bodyworks services are administered; 6. Ensure that all walls, ceilings, floors, pools, showers, bathtubs, steam rooms, hand basins, baths, spas, and other physical facilities located at the bodyworks establishment are in good repair and maintained in a clean and sanitary condition; 7. Provide clean, laundered, and sanitary towels for each patron of the bodyworks establishment; 8. Ensure that all staff providing bodyworks services at the establishment cleanse his or her hands thoroughly with soap and hot running water immediately before providing bodyworks services to each client; 9. Maintain a registry at the bodyworks establishment and record in the registry the name, residence address, a description and the date of all services provided to each customer of the establishment, and the name of the employee who provided the services; 10. Require each customer of the bodyworks establishment to provide positive identification and to sign the registry; 11. Keep the records entered in the registry of the bodyworks establishment for at least 3 years after the date of service; 12. Ensure that all clients remain fully clothed while receiving bodyworks services, except for removal of socks and shoes; 13. Ensure that bodyworks services do not include the application of oils, except on hands or feet; 14. Ensure that employees are fully clothed while administering bodyworks services; 15. Ensure that no illegal activity is conducted at the bodyworks establishment and that no person employed by the establishment has been convicted of a crime other than traffic offenses for which a sentence of incarceration could not have been imposed within 5 years immediately preceding the date of the application; 16. Ensure that the business operates between no earlier than 8:00 a.m. and no later than 9:00 p.m. 17. Ensure that the following items are clearly posted so that they are visible to all who enter the premises: a. A copy of the license, which shall include a photo of the licensee; b. A photograph of each employee alongside a description of the services the employee is authorized to provide; c. A legible sign, at least 9" by 11" in size, with the words "this bodyworks establishment is subject to police inspection" printed in letters no less than 3/4 inch in height on a background that is a contrasting color; d. A legible sign stating that there can be no removal of clothes or application of oils except on hands and feet. C. INSPECTIONS A person who operates a bodyworks establishment must permit the Director or the Montgomery County Police Department to enter the bodyworks establishment to conduct an inspection prior to licensing. After licensing, inspections may be conducted without prior notice. At the Director's request, a person operating a massage establishment must: 1. Produce all business and employment records, including customer registries, licenses, and registrations that are required by Section 24-11B of the County Code or this Section; 2. Give the inspector access to enter and inspect the entire bodyworks establishment; and 3. Permit the inspector to interview all employees, customers, and agents of the person who is licensed to operate the bodyworks establishment. Initial Establishment Application (Non-refundable) | $20 Initial Establishment License | $200 Annual Establishment License Renewal | $10 Duplicate License | $10 Additional Charge for Filing Renewal Application after Expiration | $10 Establishment Change of Location | $100

1.0 Purpose This regulation is established for the proper transaction of the business of the Montgomery County Historic Preservation Commission (Commission), pursuant to Section 24A-4(h) of the Montgomery County Code (1994), as amended. As required by Section 24A-7(c), upon receipt of a completed application for the issuance of an Historic Area Work Permit, the Commission must schedule a public appearance at a Commission meeting, at which time it will consider the application. This regulation shall govern the receipt, processing, hearing, and final disposition of all applications for the issuance of an Historic Area Work Permit. 1.1 Definitions For the purposes of this regulation, the following words and phrases have the meaning assigned to them below, except where otherwise indicated in this regulation. (a) Local Advisory Panel (LAP) - A group of individuals appointed by the Commission to assist and advise the Commission in the performance of its functions. (b) Applicant - Any person that files an application for the issuance of an historic area work permit. The applicant must be the owner, contract purchaser, or authorized agent of the subject historic site or historic resource within an historic district. (c) Application - A request for the issuance of an historic area work permit for work as described in Sections 24A-6(a)(l)-(3). The application shall be in such form and contain such information as may be required to provide information as shall be necessary for the Commission to evaluate and act upon such application in accordance with the provisions of Chapter 24A. (d) Party - Any person identifying himself to the Commission in the official record as having an interest in the outcome of an application being considered. (e) Person - Any individual, business entity, whether incorporated or not, association, or any other group of individuals, however organized. (f) Ordinary Maintenance - Work on an historic site or an historic resource within a historic district which does not alter in any way the exterior features of the subject property, including the architectural style, design, and general arrangement of the exterior, as well as the nature, texture, details, and dimensions of building materials, windows, doors, siding, etc. This definition applies, whenever appropriate, to the appurtenances and environmental setting of an historic site or resource, as well as to the building, structure, or object itself. 1.2 Submission of Application (a) Filing - Applications must be filed with the director as required by Section 24A-7(a), with the exceptions noted in 24A-6(b) and with the definition of Ordinary Maintenance found in Section 1.1 (f) above. (b) Scheduling - In order to be considered at a regularly scheduled public appearance, applications shall be filed with the director three (3) weeks prior to the meeting date for which it is to be scheduled. (c) Completeness - Upon receipt by the director, each application will be evaluated for completeness. Those judged to be complete, based upon the submission requirements specified by the Commission and listed on the application, will be promptly forwarded to the Commission. Any application deemed incomplete by the director or by the Commission's staff will not be accepted for filing. Incomplete applications shall be promptly returned to the applicant, either by return mail or by hand if the applicant is present at the time of the determination. (d) Application Date - Complete applications shall be deemed filed upon acceptance by the director. 1.3 Notice of Public Appearance (a) Publication - Before an application may be considered at a public appearance, the Commission must publish notice of the public appearance approximately fourteen (14) calendar days prior to the date of the public appearance in a newspaper of general circulation within the county. The notice must specify the name and address of the applicant, the address of the property, and the fact that an application is pending for work upon the property. The notice must also specify the date, time and place of the public appearance. (b) Notification by Mail - Approximately fourteen (14) calendar days before the public appearance on an application, the Commission shall mail notice of the date, time, and place of the public appearance to the applicant, any existing LAP (if the property is located within a master plan historic district with an LAP), and, as specified by the applicant at the time of filing, adjoining and confronting property owners, and other interested parties. (c) Emergency Applications Added to Agenda - At the Chairman's discretion, emergency applications may be added to the agenda of a public appearance. It shall be the responsibility of the applicant to hand deliver notices of the emergency application to all adjacent and confronting property owners, LAPs, and other interested parties. The applicant shall obtain written verification that such notices were received and shall present these verifications to the Commission's staff prior to the public appearance. 1.4 Public Appearance (a) Time and Place - A public appearance before the Commission shall be held at the date, time, and place designated in the notice, except for public appearances which are continued. However, where circumstances require a change in the date, time, or place of the public appearance after notice has already been given, the Commission shall make reasonable efforts to notify the public of the change. (b) Official Record (1) In General - The Commission shall prepare, maintain, and supervise the custody of an official record for each application. The official record shall include the application, exhibits, and minutes or transcript of the public appearance. The official record shall be opened upon the filing of a completed application with the director. Documentary evidence may be received in the form of copies, excerpts, photographic reproductions, models, or by incorporation by reference. (2) Inspection of Official Record - Subject to the provisions of the Maryland Public Information Act, and upon reasonable notice, any person shall have the right to review the official record at reasonable hours at the Commission's office. Any person may, at his own expense, request a copy of the written transcript of any public appearance. (c) Ex Parte Communication (1) This rule applies to any ex parte or private communication, written or oral, received by a Commissioners if: a. The communication related to an application before the Commission; b. All appellate rights regarding the application have not been exhausted; and c. The Commission is required by law to make an administrative decision on the matter based on the record. (2) This rule does not apply to: a. Legal or technical advice rendered at the request of the Commission; or b. Any communication about the status or procedure of a pending application. (3) If a Commissioner receives an oral ex parte or private communication, that Commissioner shall reduce the substance of the communication to writing within reasonable time after receipt of the communication and include it in the official record. (4) The Commission shall include the ex parte or private communication in the official record and may: a. Consider the communication as a basis for its decision after giving all parties an opportunity to respond to the communication; or b. Decide the matter if the Commission expressly finds that it has not considered the communication as a basis for its decision. (d) Evidence - The Commission may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence which appears to be reliable in nature. It shall give effect to the rules of privilege recognized by law. Evidence must be competent, material, and relevant to all matters at issue. The Commission may exclude incompetent, unreliable, irrelevant or unduly repetitious evidence, or produce evidence at its own request. The Commission may take official notice of commonly cognizable facts, facts within each Commissioner's particular realm of professional expertise, and documents or matters of public record. (e) Cross-Examination - Every party has the right of reasonable cross-examination of witnesses who testify, and may submit rebuttal evidence. Repetitious questions and examination on irrelevant matters is not permitted. Cross examination is subject to reasonable regulation by the Commission including the designation of specific persons to conduct cross-examination on behalf of other parties. (f) Right to Counsel - In any case governed by these procedures, all parties have the right to be represented by themselves or by an attorney of their choice. (g) Powers of the Commission in Conducting a Public Appearance - In addition to any of the powers granted to the Commission by Chapter 24A, the Commission may, at their discretion, undertake the following so as to achieve the orderly and efficient conduct of business: (1) Regulate the course of a public appearance and allow the official record in a public appearance to remain open; (2) Dispose of procedural requests or similar matters, including requests for a continuance; (3) Call, examine, and cross-examine witnesses and obtain and introduce into the official record documentary or other evidence; (4) Request the parties at any time during the public appearance to state their respective positions or theory concerning any issues in the application; (5) Take any action authorized by law or necessary to a fair disposition of an application; (6) Accept evidence by stipulation of facts; (7) Schedule, suspend, or continue a public appearance to a date and time certain with notification as provided for in this regulation; (8) Require the designation a spokesperson for any group of parties either supporting or opposing an application who shall conduct any opening, direct examination, cross-examination, closing or testimony in general, so as to achieve the orderly presentation of a case. (h) Public Appearance Conduct and Procedure (1) Unless otherwise provided by law: a. A quorum of the Commission must be present to conduct a public appearance or hearing. b. All public appearances and hearings shall be de novo before the Commission. c. The members of the Commission shall be subject to disqualification for conflict of interest as defined by Section 410 of the Montgomery County Charter, and Chapter 19A of the Montgomery County Code. Suggestions for disqualification of any Commissioner may be made on petition of any party. A motion for disqualification shall be resolved by the Commissioner whose disqualification is sought. (2) The Commission may establish reasonable time limitations and registration requirements for witnesses and speakers, so that all may have an opportunity to be heard. In general, these time limits will be: HAWP applicant's presentation: 7 minutes Comment by adjacent owners/interested parties: 3 minutes Comment by citizen associations/interested groups: 5 minutes Comment by elected officials/government representatives: 7 minutes The Commission may waive these time limits and may decide whether speakers will be required to register in advance or at the meeting, depending on the complexity of the case. Direction as to when and how to register to speak on an issue will be made clear in the notice for the meeting. (3) All exhibits accepted shall be held or referenced in the official record. Those exhibits whose admission is rejected shall either be returned to the offering party or retained in the official record with appropriate notations reflecting that the material was rejected as an exhibit. (4) Rulings on motions, petitions, and objections made during the course of a public appearance shall be ruled on as received or as soon thereafter as practicable. (5) The ordinary, but not mandatory, order or procedure for the conduct of a public appearance and the presentation of evidence is as follows, subject to waiver or such reasonable changes as may be ordered by the Commission or by law: a. Disposition of all outstanding preliminary motions and preliminary matters. b. Presentation by Commission staff. c. Opening statement and presentation of factual case of the applicant. d. Presentation of factual case and statements of other parties. e. Presentation of rebuttal evidence of the applicant. f. Closing arguments of the applicant. g. Closing arguments of other parties opposing the application. h. At the end of each presentation, any party, upon recognition by the chair, may briefly cross-examine any speaker. (6) During regularly scheduled public appearances, the Commission may review applications on an expedited basis - that is without presentations by staff, applicant, or other parties - if there are not parties opposing the application. (7) Unless otherwise determined by the Commission, the record shall remain open until the final decision is made. Once the record is closed, no additional information will be received except for good cause shown and a showing that it is material. (i) Failure to Appear - Upon the failure of an applicant to appear at a public appearance, and upon finding that such party had timely legal or actual notice of the appearance, the Commission may receive evidence and decide the case as if all parties were present. 1.5 Criteria for Approval (a) The Commission shall be guided in their review of Historic Area Work Permit applications by: (1) The criteria in Section 24A-8. (2) The Secretary of the Interior's Standards and Guidelines for Rehabilitation. (3) Pertinent guidance in applicable master plans, sector plans, or functional master plans, including categorization of properties in historic districts by level of significance - if applicable. Such categories will be defined and explained clearly in the applicable plans. (4) Pertinent guidance in historic site or historic district-specific studies. This includes, but is not limited to, the 1992 Long Range Preservation Plans for Kensington, Clarksburg, Hyattstown, and Boyds. (b) Where guidance in an applicable master plan, sector plan, or functional master plan is inconsistent with the Secretary of the Interior's Standards and Guidelines for Rehabilitation, the master plan guidance shall take precedence. 1.6 Decisions (a) Content - All decisions of the Commission, except rulings on preliminary matters or on motions or objections, must be based on the evidence contained in the official record. Written decisions - containing findings of fact, conclusions of law, and an appropriate decision and order - will be issued on all denials. In all cases, each decision will conclude with instructions to the director to: (1) Issue the permit as described in the application, including amendments to the application that may have occurred subsequent to its initial filing; (2) Issue the permit subject to the conditions stipulated in the decision; or (3) Deny the permit. (b) Voting Requirements - Every decision must have the concurrence of a majority of the voting members of the Commission. Members of the Commission absent during a public appearance may vote upon a matter upon written certification that they have reviewed the verbatim transcript of the appearance, and reviewed the evidence contained in the official record. (c) Notification of Decision - All decisions of the Commission must be made public and mailed to the applicant. (d) Delegation to Staff The Commission’s authority to review and approve Historic Area Work Permit applications for simple alterations that will have no more than an insignificant impact on the historic character of the resource is delegated by the Commission to the staff, subject to the following conditions: a. The staff member assigned to review the application meets the Secretary of the Interior’s Historic Preservation Professional Qualification Standards (see 36 CFR Part 61) for history, architectural history, architecture, or historic architecture; and b. The alteration, as proposed, satisfies the criteria for approval under County Code Section 24A-8, the Secretary of the Interior’s Standards for Rehabilitation, and any applicable district or resource-specific design guidelines. (2) If the work identified in the application requires additional conditions to satisfy the criteria for approval or the staff member recommends denial, the application must be placed on the next available Commission meeting agenda and will be subject to the publishing and notice requirements of County Code Section 24A-7. (3) Additional documents such as Adopted Master Plan amendments or historic preservation easements accepted under County Code Section 24A-13 may define additional work items specific to the subject property that may also qualify for staff level approval of Historic Area Work Permit applications. (4) Staff review and action must take place within 5 business days from the date that the Director forwards a complete application to the Commission for review. (5) Any application not acted upon after 5 business days must be placed on the next available Commission meeting agenda and will be subject to the publishing and notice requirements of County Code Section 24A-7. (6) If the proposed alteration satisfies the criteria for staff-level approval, the publication, notification, and public meeting requirements of Section 24A-7 are waived. (7) The proposed alteration must not significantly alter the historical or visual character of the property and must fall into one of the following categories: a. Repair or replacement of a masonry foundation with new masonry materials that closely match the original in appearance; b. Installation of vents or venting pipes in locations not visible from the public right-of-way; c. New gutters and downspouts; d. Removal of vinyl, aluminum, asbestos, or other artificial siding when the original siding is to be repaired and/or replaced in kind; e. Removal of accessory buildings that are not original to the site or non-historic construction; f. Repair or replacement of missing or deteriorated architectural details such as trim or other millwork, stairs or stoops, porch decking or ceilings, columns, railings, balusters, brackets shutters, etc., with new materials that match the old in design, texture, visual characteristics, and, where possible materials, so long as the applicant is able to provide one extant example, photographic evidence, or physical evidence that serves as the basis for the work proposed; g. Construction of wooden decks that are at the rear of a structure and are not visible from a public right-of-way; h. Roof replacement with -compatible roofing materials, or with architectural shingles replacing 3-Tab asphalt shingles; i. Installation of storm windows or doors that are compatible with the historic resource or district; j. Repair, replacement or installation of foundation-level doors, windows, window wells, and areaways, or foundation vents, venting pipes, or exterior grills that do not alter the character-defining features and/or the historic character of the resource; k. Construction of fences that are compatible with the historic site or district in material, height, location, and design; l. Construction of walkways, parking pads, patios, driveways, or other paved areas that are not visible from a public right-of-way and measure no more than 150 square feet in size; m. Replacement of existing walkways, parking pads, patios, driveways, or other paved areas with materials that are compatible with the visual character of the historic site and district and that are no greater than the dimensions of the existing hardscape; n. Construction of small accessory buildings no larger than 250 square feet in size that are not visible from the public right-of-way; o. Installations of skylights on the rear of a structure that will not be visible from the public right-of-way, and would not remove or alter character-defining roof materials; p. Installation of solar panels and arrays in locations that are not readily visible from the public right-of-way or that are designed so as to have a minimal impact on the historic resource or the historic district (e.g., systems that are ground-mounted in areas other than the front or side yard of a corner lot, located on accessory or outbuildings, on non-historic additions, or on rear facing roof planes); q. Installation of car charging stations in any location on a property or in the right-of-way; r. Installation of satellite dishes; s. Removal of trees greater than 6” in diameter (d.b.h.) that are dead, dying, or present an immediate hazard. t. Removal of trees greater than 6” in diameter (d.b.h.) in the rear of the property that will not impact the overall tree canopy of the surrounding district or historic site; and, u. Other minor alterations that may be required by the Department of Permitting Services post-Commission approval that would have no material effect on the historic character of the property. (8) For the construction of fences under Section 1.6(d)(7)k. the Commission may create and distribute design guidelines to further clarify compatible fence designs. Fences approved administratively must not be higher than 48” forward of the rear wall plane. (9) Staff may condition approval to remove trees under Section 1.6(d)(7)s. on the replanting of trees on the property with a replacement ratio of one-to-one. (10) Staff must notify the applicant of the approval and report monthly to the Commission, appropriate LAP, and, if applicable, the municipality about applications reviewed and approved by Commission staff in the previous month. 2.0 Purpose Section 24A-6(d) encourages owners of historic properties to seek advice from the Commission prior to filing an application for an Historic Area Work Permit. Informal consultations, to obtain input and advice from the Commission on potential future Historic Area Work Permit applications, may be scheduled as part of the regular agenda of a Commission meeting. 2.1 Submission of Preliminary Consultation (a) Filing - Preliminary Consultation requests may be filed directly with Commission staff. Requesting a Preliminary Consultation is at the discretion of the applicant. (b) Scheduling - In order to be considered at a regularly scheduled public appearance, requests shall be filed with staff three (3) weeks prior to the meeting date for which it is to be scheduled. (c) Completeness - Upon receipt by staff, each request will be evaluated for sufficiency. Requests for Preliminary Consultations do not need to contain finished plans and specifications; however, there must be sufficient information submitted to adequately communicate the scope and nature of the proposed work. Those requests judged by staff to be sufficient, will be promptly scheduled for discussion before the Commission. 2.2 Notice of Public Appearance (a) Publication - Before a Preliminary Consultation may be considered at a public appearance, the Commission must publish notice of the public appearance approximately fourteen (14) calendar days prior to the date of the public appearance in a newspaper of general circulation within the county. The notice must specify the name and address of the applicant and the address of the property. The notice must also specify the date, time and place of the public appearance. (b) Notification by Mail - Approximately fourteen (14) calendar days before the public appearance on a Preliminary Consultation, the Commission may - at its discretion - mail notice of the date, time, and place of the public appearance to the applicant, any existing LAP (if the property is located within a master plan historic district with an LAP), adjoining and confronting property owners, and other interested parties. 2.3 Public Appearance (a) Time and Place - A public appearance before the Commission shall be held at the date, time, and place designated in the notice, except for public appearances which are continued. However, where circumstances require a change in the date, time, or place of the public appearance after notice has already been given, the Commission shall make reasonable efforts to notify the public of the change. (b) Public Appearance Conduct and Procedure for Preliminary Consultations (1) The Commission may establish reasonable time limitations and registration requirements for witnesses and speakers, so that all may have an opportunity to be heard. In general, these time limits will be: Applicant's presentation: 7 minutes Comment by adjacent owners/interested parties: 3 minutes Comment by citizen associations/interested groups: 5 minutes Comment by elected officials/government representatives: 7 minutes The Commission may waive these time limits and may decide whether speakers will be required to register in advance or at the meeting, depending on the complexity of the case. Direction as to when and how to register to speak on an issue will be made clear in the notice for the meeting. (2) The ordinary, but not mandatory, order or procedure for the conduct of a public appearance on Preliminary Consultations is as follows: a. Presentation by Commission staff. b. Opening statement and presentation of proposal by the applicant. c. Statements of other parties. d. Commission Guidance, as set forth is Section 2.5 below. 2.4 Criteria to Guide Discussion (a) The Commission shall be guided in their discussion of Preliminary Consultation requests by: (1) The criteria in Section 24A-8. (2) The Secretary of the Interior's Standards and Guidelines for Rehabilitation. (3) Pertinent guidance in applicable master plans, sector plans, or functional master plans, including categorization of properties in historic districts by level of significance - if applicable. Such categories will be defined and explained clearly in the applicable plans. (4) Pertinent guidance in historic site or historic district-specific studies. This includes, but is not limited to, the 1992 Long Range Preservation Plans for Kensington, Clarksburg, Hyattstown, and Boyds. (b) Where guidance in an applicable master plan, sector plan, or functional master plan is inconsistent with the Secretary of the Interior's Standards and Guidelines for Rehabilitation, the master plan guidance shall take precedence. 2.5 Commission Guidance (a) No vote shall be taken or formal decision made on any Preliminary Consultation. (b) Each Commissioner shall have an opportunity to address a proposal made in a Preliminary Consultation and to offer their individual comments and advice. (c) An effort will be made to communicate the Commission's consensus on the proposal and to give the applicant clear direction in regard to filing an Historic Area Work Permit application. 3.0 Purpose Section 24A-5(a), empowers the Commission to research historic resources and to recommend to the Planning Board that certain of them be designated as historic sites or historic districts on the Master Plan for Historic Preservation. Under 24A-5(b), the Commission may also recommend to the Planning Board, as needed, any update to the inventory of historic resources which is contained in the Locational Atlas and Index of Historic Sites. These recommendations are, by law, advisory in nature and do not constitute administrative decisions. This regulation is established to provide a process for formulation of these advisory recommendations. 3.1 Master Plan Designation (a) The Commission must review all nominations for designation on the Master Plan for Historic Preservation to determine that a completed MHT Inventory Form and other available background information is included that is necessary for the Commission to evaluate such nominations. (b) The Commission must schedule a public appearance and worksessions on each proposed nomination. The public appearance and worksessions may be on the same date or on separate dates. Such an appearance and worksessions may be scheduled during the Commission's regular agenda or at a special meeting. (c) The public appearance shall be publicized to the extent possible as follows: (1) Notice to affected property owners mailed at least three (3) weeks prior to the date of the appearance. (2) Notice to citizens or organizations which have requested notices of public appearances mailed at least three (3) weeks prior to the date of the appearance. (3) The Commission must publish notice of the public appearance approximately fourteen (14) calendar days prior to the date of the public appearance in a newspaper of general circulation within the county. The notice must specify the date, time and place of the public appearance. (d) If scheduled for a date different than the date of the public appearance, the worksession(s) will be publicized through publication of a notice approximately fourteen (14) calendar days prior to the date of the worksession in a newspaper of general circulation within the county. The notice must specify the date, time and place of the worksession. In addition, the Commission will make every effort to assure that citizens who testified at a public appearance are aware of the date of the associated worksession. (e) The staff recommendation on a nomination will be available seven (7) days prior to the worksession on a nomination and copies may be obtained in the offices of the Historic Preservation Commission. The staff recommendation will be available seven (7) in advance of the worksession whether the public appearance and worksession are held on the same date or on different dates. (f) The order of business at the public appearance and at any subsequent worksessions shall be as follows: (1) Introduction of the nomination by staff. (2) Comment by affected property owners, municipalities, and HOAs. (3) Public comment. (4) Presentation of staff recommendation. (5) Questions by Commission of staff. (6) Consideration by Commission. (g) The conduct of business at a scheduled appearance shall reflect the following: (1) Preliminary action. Upon convening the meeting, the presiding officer shall give a brief explanation of the purpose of the appearance and shall cause to be presented any information or data which is required before public discussion and comments begin. (2) Information from public. Each member of the public who wishes to speak should, after recognition by the presiding officer, come forth and state the following information: a. Name b. Home address c. Person or organization he/she represents, or that he/she is speaking as a private citizen. (3) The Commission may establish reasonable time limitations and registration requirements for speakers so that all may have an opportunity to be heard. In general, these time limits will be: Comment by affected individual property owners: 3 minutes Comment by adjacent owners/ interested parties: 3 minutes Comment by citizen associations/interested groups: 5 minutes Comment by elected officials/government representatives: 7 minutes The Commission may waive these time limits and may decide whether speakers will be required to register in advance or at the meeting, depending on the complexity of the nomination. Direction as to when and how to register to speak on an issue will be made clear in the notice for the public appearance. (4) Questions. Any member of the Commission, upon recognition of the Chair, may briefly question any speaker. Members and speakers shall be requested not to debate over these questions. (h) Recommendation. At the close of either the public appearance or a worksession, the Commission will formulate its recommendation on each proposed nomination. This recommendation may be put to a vote and decided by a majority of Commissioners. This recommendation will be forwarded to the Planning Board, County Executive, and County Council in a timely fashion. (i) Criteria. In formulating a recommendation on designation, the Commission shall utilize the criteria listed in 24A-3(b). 3.2 Update of and Addition to Locational Atlas (a) The Commission must review all nominations for additions to the Locational Atlas and Index of Historic Sites to determine that a completed MHT Inventory Form and other available background information is included that is necessary for the Commission to evaluate such nominations. (b) The Commission must schedule a public appearance and worksessions on each proposed nomination. The public appearance and worksessions may be on the same date or on separate dates. Such an appearance and worksessions; may be scheduled during the Commission's regular agenda or at a special meeting. (c) The public appearance shall be publicized to the extent possible as follows: (1) Notice to affected property owners mailed at least one (1) week prior to the date of the appearance. (2) Notice to citizens or organizations which have requested notices of public appearances mailed at least one (1) week prior to the date of the appearance. (d) The staff recommendation on a nomination will be available seven (7) days prior to the worksession on a nomination and copies may be obtained in the offices of the Historic Preservation Commission. The staff recommendation will be available seven (7) in advance of the worksession whether the public appearance and worksession are held on the same date or on different dates. (e) The order of business at the public appearance and at any subsequent worksessions shall be as follows: (1) Introduction of the nomination by staff. (2) Comment by affected property owners, muncipalities, and HOAs. (3) Public comment. (4) Presentation of staff recommendation. (5) Questions by Commission of staff. (6) Consideration by Commission. (f) The conduct of business at a scheduled appearance shall reflect the following: (1) Preliminary action. Upon convening the meeting, the presiding officer shall give a brief explanation of the purpose of the appearance and shall cause to be presented any information or data which is required before public discussion and comments begin. (2) Information from public. Each member of the public who wishes to speak should, after recognition by the presiding officer, come forth and state the following information: a. Name b. Home address c. Person or organization he/she represents, or that he/she is speaking as a private citizen. (3) The Commission may establish reasonable time limitations and registration requirements for speakers so that all may have an opportunity to be heard. In general, these time limits will be: Comment by affected individual property owners: 3 minutes Comment by adjacent owners/interested parties: 3 minutes Comment by citizen associations/interested groups: 5 minutes Comment by elected officials/government representatives: 7 minutes The Commission may waive these time limits and may decide whether speakers will be required to register in advance or at the meeting, depending on the complexity of the nomination. Direction as to when and how to register to speak on an issue will be made clear in the notice for the public appearance. (4) Questions. Any member of the Commission, upon recognition of the Chair, may briefly question any speaker. Members and speakers shall be requested not to debate over these questions. (g) Recommendation. At the close of the public appearance, the Commission will formulate its recommendation on each proposed nomination. This recommendation may be put to a vote and decided by a majority of Commissioners. This recommendation will be forwarded to the Planning Board in a timely fashion. (h) Criteria. In formulating a recommendation, the Commission shall utilize the criteria listed in 24A-3(b).

A. Association is a homeowners' association as described in Section 24B-1(5) of the Montgomery County Code. B. Association roadway means those paved surfaces, exclusive of areas designated and used for parking which provide access to more than four homes or dwelling units and which are maintained by a homeowners' association. C. County means the Montgomery County Department of Transportation. D. Director means the Director of the Department of Transportation. A homeowners' association qualifies for assistance under Montgomery County Code 1984, as amended, sections 24B-14 to 24B-19 and this regulation. A. Has at least l/4 mile of association roadway. B. Maintains its association roadways at a level of service satisfactory to the County. Satisfactory level of service will be the same as that provided by the County on roadways similar to those of the association. Roadways must be open to the general public at all times, have no obstructions of any kind, for example - speed bumps or gates, and be a width of 16 feet pavement surface. C. Finances the maintenance of its association roadways with funds collected by the homeowners' association. D. Has a financial officer that is bonded under an individual policy of insurance or under a group policy of insurance. Each association will provide a corporate bond to the County to be approved by the Director, Department of,Finance, in a penal sum to be fixed by the Director of Finance to ensure the faithful discharge of the duties of the financial officer (treasurer). A bond indicating the name and address of the financial officer must be submitted before the association will receive any funds from the County. E. Submits a request for assistance to the Director no later than January 1 of each year for maintenance provided during the preceding fiscal year (July 1 - June 30). Any payments approved by the Director will be made on or after July 1 following receipt of request. For a request for assistance to be complete, the Homeowners' association must submit a request which includes: 1. A scale map of the roadways of the association on a scale of no smaller than 400 feet per inch. 2. A list of all the roadways by name indicating actual length in miles or linear feet and the dates of completion of construction of the roads. 3. The annual expenditures by the association of the roads listed in the request for roadway maintenance performed during each of the preceding five years or since construction, whichever is less. 4. The actual or proposed annual budget of the association for the succeeding fiscal year and the resulting maintenance programs for the next three calendar years for the roadways listed in number 2 above. F. Agrees in writing that all funds received for roadway maintenance will be expended for that purpose only. G. Agrees as a condition of participating in this program, that eligible disputes between homeowners' and the homeowners' association will be submitted by the homeowners' association to either: 1. The dispute resolution bureau in the Office of Consumer Affairs for mediation, and if it fails, arbitration, or 2. Another form of mediation and arbitration approved by the Office of Consumers Affairs. 3. The Office of Consumers Affairs will notify the Department of Transportation if any homeowner association eligible to receive assistance refuses to participate in the dispute resolution procedure administered by the Office of Consumer Affairs. Upon receipt of request for reimbursement the Director will have the roadways inspected to determine if they meet the conditions to qualify for reimbursement as set forth in 24B.00.01.02 above. The Director will certify to the Director, Department of Finance, the number of miles of roadways for each association which qualifies for reimbursement. In the event any or all of the roadways for an association fail to meet the conditions, the Director will notify the association which will have thirty (30) calendar days from receipt of such notice to submit further justification and any comments regarding the Director's decision. The Director will then review any additional information or comments submitted and render a decision to the association.

Chapter 24B, Section 1 of the Montgomery County Code, 1994, as amended defines a Private Maintenance Road and authorizes the following procedures for classification of such roads upon application by a homeowners association. Chapter 24B, Section 8 of the Montgomery County Code, 1994 as amended authorizes the following guidelines for receipt and use of State Highway User Revenues for maintenance by homeowners' associations. Homeowners' Association means a body that has the authority to enforce a declaration under the state homeowners' association law. Association Roadway means those paved surfaces, except areas designated for parking, which (1) provide vehicular access to more than 4 dwelling units; and (2) are maintained by a homeowners' association. Private Maintenance Road means those paved surfaces, exclusive of areas designated and used for parking maintained by a homeowner association, which meet the requirements outlined in Chapter 24B, Section 1. County means Montgomery County, Maryland. Department means the Montgomery County Department of Public Works and Transportation. Director means the Director of the Montgomery County Department of Public Works and Transportation or designee. Existing County Reimbursement Program means the existing Reimbursement for Association Roadways Program authorized in Sections 24B-2 of the Montgomery County Code, implemented under Executive Regulation No. 18-88, and funded solely by the County. A request for classification of homeowners' association roadway as a private maintenance road may be made in writing by a homeowners' association to the Department of Public Works and Transportation. This application must be submitted by September 1 for each year and must include the following information for each road: - Name of road. - Length and width of road in linear feet. - Pavement width of the road. - Boundaries of the road. - Date of completion of construction of the road. - Record Plat. - Area map indicating the connection of the road to the overall transportation network. - A scale map of the roadways of the association. - The annual maintenance expenditures of the association on the road for the preceding 5 years or so since the completion of construction. - The actual or proposed annual budget of the association for the succeeding fiscal year and the maintenance program for road for the next year. - Easement as outlined in 24B.00.02.04 of this regulation. - Draft Maintenance Agreement as outlined in Section 5 of this regulation. In accordance with Montgomery County Code Section 24B-8(a)(1), each homeowners' association must provide to the Department with the application, an easement for the general free public use of each private maintenance road, which must include a metes and bounds description of the easement certified by a registered land surveyor or other description of the road sufficient to identify the dimensions of the easement. The Department will review the submitted record plat to assess whether the plat provides sufficient information to identify the easement. If the Department finds that the plat provides insufficient information, the Department may request a metes and bounds survey. The easement must include: - A grant of an easement to the County for the general free public use of the private maintenance road, and be accompanied by a description of the easement sufficient to identify its dimensions. - An acknowledgement that granting the easement does not relieve the association of the obligation to maintain the Private Maintenance Road or to provide any other services, such as snow removal, which the association is required to provide by any association document or law. - A certification that the road is owned and maintained by the homeowners' association. - A certification that the roads are open to the public at all times and free of obstructions of any kind, for example speed bumps or gates. - A certification that the road has a right-of-way at least thirty feet wide, not including any portion of the right-of-way used for parking, and two travel lanes. - An acknowledgement that the easement may be terminated upon default by the homeowners' association, misuse of funds other non-compliance with the maintenance agreement, or the convenience of the county, and provision that upon termination the easement automatically reverts to the homeowners' association. The easement must be approved by the Department and the Office of the County Attorney. A. Standards In accordance with Montgomery County Code Section 24B-8(a)(2), each homeowner's association must provide to the Department with the application a signed agreement that the Homeowners' association will build and maintain the private maintenance road at a level of service satisfactory to the County. "Satisfactory Level of Service" is defined as the same level of service provided by the County on County-maintained roadways similar to those of the association as determined by the Department. Maintenance tasks include but are not limited to the following items: - Repair of pavement surface - Replacement of Pavement surface - Replacement of defective paving and cyclic resurfacing of the same - Repaving of pavement surface - Sealing of pavement surface - Repair and/or replacement of Curb and Gutter - Repair and/or replacement of Storm Drainage - Repair and/or replacement of Sidewalks - Painting/Striping - Snow Removal - Ice Treatment - Street Cleaning In accordance with Montgomery County Code Section 24B-(8)(a), (b), and (e), the maintenance agreement must: - Obligate the association to maintain the roadways at a level of service satisfactory to the County. - Obligate the association to using the monies received solely for maintenance of the private maintenance road and in compliance with 24B.00.02.08 of these regulations. - Acknowledge that granting the easement does not relieve the association of the obligation to maintain the Private Maintenance Road or to provide any other services, such as snow removal, which the association is required to provide by any association document or law. - Indemnify the County against all claims arising from the use or condition of the Private Maintenance Road. - Certify that the homeowners association has obtained and will continually maintain insurance or other surety, in an amount acceptable to the County, covering claims arising from the use or condition of the private maintenance road, and acknowledge that the County may withdraw funds allocated under this program if the insurance coverage lapses. The maintenance agreement must by approved by the Department and the Office of the County Attorney. Any easement or agreement signed must be recorded in the County land records. The homeowners' association must pay all costs of preparing and recording any easement, agreement or other document required. The County may allocate to a Homeowners' Association for maintenance of a Private Maintenance Road an amount that does not exceed the net amount, less any inspection fee or any other County expense, of highway user revenues received by the County as a result of the inclusion of that private maintenance road in the State Highway Administration mileage inventory. Montgomery County currently funds the reimbursement for Association Roadways authorized in Section 24B-2 of the Montgomery County Code to partially reimburse Homeowners' Associations for maintenance of Homeowners' Associations for maintenance of Homeowners' Associations' roads as defined in Section 24B-1. This Existing County Reimbursement Program is funded solely by the County and the amount of the reimbursement is subject to fiscal conditions. No Homeowners' Association may receive funds for any road concurrently from both the Existing County Reimbursement Program and the Private Maintenance Road Program. A Homeowners' Association may receive funds from the Existing County Reimbursement Program and the Private Maintenance Road Program for different Association Roadways. Some of the Association Roadways which are eligible for the Existing County Reimbursement Program will meet the requirements for the Private Maintenance Roads Classification and receive reimbursement with State Highway User Revenue, while others will not. Roadways eligible for the existing County Reimbursement Program but not for the Private Maintenance Roads funds will continue to receive funding through the Existing County Reimbursement Program. All funds advanced pursuant to this program are subject to the following conditions, which must also be included or referenced in the Maintenance Agreement: A. All funds must be used only for maintenance of the private maintenance road. B. Each association must have a financial officer that is bonded under an individual policy of insurance or under a group policy of insurance. Each association will provide a corporate bond to the County to be approved by the Director, Department of Finance, in a penal sum to be fixed by the Director of Finance to ensure the faithful discharge of the duties of the financial officer (treasurer). A bond indicating the name and address of the financial officer must be submitted before the association will receive any funds from the County. C. Upon termination of an easement, any funds advanced through this program which remain unspent must be returned to the County or used only for maintenance of the Private Maintenance Road. If the County finds that an easement granted under this Section is not in the public interest, or that a homeowners' association has not complied with the terms of an easement or other agreement under this Section, the County may, in its sole discretion, withhold or withdraw maintenance funds or reject and terminate the easement by an Executive Order and record documentation of the termintion in the County land records. This regulation applies to reimbursements requested for Fiscal Year 1999 and beyond.

Nursing Home $ 12.50 per bed Domiciliary Care Home $ 10.00 per bed Hospital $ 230.00 Duplicate license $ 10.00 Filing an annual renewal application after the license expires $100.00 This regulation takes effect on August 1, 2001.

1.1 Purpose of Regulation. This regulation contains the prices and procedures for calculating the approved maximum allowable sales price, including closing costs and sales commission fees, of Moderately Priced Dwelling Units (MPDUs) offered for sale through the Department of Housing and Community Affairs (Department). 1.2 Applicability of Regulation. The MPDU Pricing Standards and provisions of this regulation are applicable to new homes constructed and sold in accordance with the requirements of Chapter 25A of the Montgomery County Code, 2014 (Code), as amended (the MHP Law). 1.3 Sales Price Establishment Date. The Final Unit Sales Price for the MPDUs will be fixed when the Offering Agreement is signed by the Department. 2.1 The following words and phrases have the following meanings, as used in this regulation. (a) Applicant – Applicant has the meaning provided in Section 25A-3 of the Code; usually the developer or the builder of the MPDUs under Section 25A-5 of the Code. (b) Base Unit – Base Unit MPDUs are standard sized units for each structure type that provide the minimum necessary amenities and features as described in Section 25A.00.01.03. (c) Base Unit Structure Cost – The sales price of the building aspect of a Base Unit MPDU as provided in the table found in Section 4.2 of this regulation, prior to any adjustments in price or addition of Soft Costs. (d) Development Impact Tax – Impact tax for transportation and schools under Sections 52-41 and 52-54 of the Code. (e) Indirect Costs – Expense items that are not considered direct construction costs which include, but are not limited to, construction loan financing expenses, construction loan placement fee, legal and closing costs, marketing expenses and sales commissions, builder’s overhead expenses, engineering and architectural fees, permitting fees, as well as other general pre- and post- construction expenses. (f) Final Unit Sales Price – The final sales price for which an Applicant can sell an MPDU as calculated under Section 4.1 of this regulation. (g) Lot Development Cost – The cost to prepare undeveloped land for development, including engineering inspection, permitting, road work, clearing, grading, earthwork, driveways, site drainage, and installation of utilities, excluding water and sewer house connection fees. Lot development costs relate to costs directly attributable to the unit itself. (h) Moderately Priced Dwelling Unit or MPDU – A dwelling unit which meets the definition provided in Section 25A-3 of the Code. (i) Offering Agreement – A signed agreement between the Applicant and the Department identifying the MPDUs in a development, describing each MPDU, providing the price of each MPDU, and identifying the date on which the MPDUs will be marketed to eligible households. (j) Options – Amenities not included in the Final Unit Sales Price that may be voluntarily selected by a purchaser of an MPDU, including upgrades of standard features of the home, and which may be charged at market rate. Options are subject to the limitations in Section 5.9. (k) Square Foot – Square foot is calculated as finished square footage. Finished square footage is measured from the face of the interior wall, and includes any space with flooring, wall covering and ceilings, such as finished storage space, stairwells, and hallways inside the unit. Finished square footage does not include unfinished basement or attic storage areas, common stairwells, and common hallways. (l) System Development Charge – A fee imposed by the Washington Suburban Sanitary Commission (WSSC) on new development to connect to the water and sewer system and to pay for the construction of major water and sewer facilities needed to accommodate growth. 3.1 Base Unit Standards. At a minimum, MPDUs must be constructed to provide the number of bedrooms required for each unit, as described in the table below, based on the type of dwelling unit constructed. The number of bathrooms and the hot water heater capacity must correspond with each unit’s bedroom count. Minimum Standards for MPDUs (For Sale and Rental) Item | Single-Family Detached | Townhouse & Duplex | Piggyback Townhouse No. of Bedrooms | 3 | 4 | 3 | 4 | 2 | 3 No. of Bathrooms | 11/2 | 2 | 11/2 | 2 | 1 | 11/2 Electric Hot Water Heater (gallon) | 50 | 50 | 50 | 50 | 40 | 40 Gas Hot Water Heater (gallon) | 40 | 40 | 40 | 40 | 30 | 40 Item | Garden Condominium/Apt. (up to 4 stories) | Mid Rise (5-8 stories) | High Rise (9+ stories) No. of Bedrooms | 0 | 1 | 2 | 3 | 0 | 1 | 2 | 3 | 0 | 1 | 2 | 3 No. of Bathrooms | 1 | 1 | 1 | 1 1/2 | 1 | 1 | 1 | 1 1/2 | 1 | 1 | 1 | 1 1/2 Electric Hot Water Heater (gallon) | 30 | 30 | 30 | 50 | 30 | 30 | 30 | 50 | 30 | - | - | - Gas Hot Water Heater (gallon) | 30 | 30 | 30 | 50 | 30 | 30 | 30 | 50 | 30 | - | - | - 3.2 Required Features of a Base Unit MPDU. In addition to the requirements of Section 3.1 above, all MPDUs must also: (a) be equipped with a refrigerator that is at least 15 cubic ft., frost-free, and meets “builders grade” specifications; (b) have a standard 30" electric or gas range/oven with clock/timer and a range hood; (c) be equipped with a garbage disposal; (d) be equipped with a dishwasher, except as provided in Section 3.5(g); (e) have complete electrical and plumbing, as well as a dryer exhaust, for a clothes washer and a dryer, except as provided in Section 3.5(g); (f) include a linen closet or storage shelf system within a clothes closet in the unit; and (g) include a full bath within one floor of each level that includes a bedroom and the main bathroom must include a vanity. 3.3 Consistent Heating and Air Systems. The Square Foot prices for MPDUs are based upon heat pump systems for heating and air conditioning (HVAC) systems. However, if the market rate units in the development are equipped with gas appliances and systems, the MPDUs must be equipped in the same way. 3.4 Livability. In addition to meeting the requirements of Chapter 26, Housing and Building Maintenance Standards of the Code MPDUs must also meet certain standards of livability. (a) Bedrooms in MPDUs are expected to have full height walls, doors that lock, and closets. The primary (master) bedroom must be able to accommodate a double bed, two nightstands and a chest of drawers and must be at least 100 sf in size. Secondary bedrooms must be able to accommodate a single bed, a nightstand, and a chest of drawers and must be at least 70 sf in size. (b) The living/dining space is expected to be adequate to accommodate a dining room set and a sofa set appropriate for the number of occupants of the unit. 3.5 Additional Considerations for Multi-Family Buildings. In multi-family buildings, MPDUs must also meet the following standards. (a) The bedroom mix of the MPDUs must match the bedroom mix of the market-rate units in the subdivision unless the Director approves an MPDU agreement under Section 25A-5 of the Code that does not increase the number of MPDUs required, but approximates the total floor area for the MPDUs required, and alters the bedroom mix of the MPDUs or the number of MPDUs. (b) The minimum size of MPDUs in multi-family buildings is based on the type of structure as specified in the MPDU Pricing Standards table found in Section 4.2 below. At the discretion of the Department, the minimum size of any type of unit, by bedroom size, may be reduced to the minimum size of comparable market rate units in the same building with the same number of bedrooms. (1) Garden (up to 4 stories): The minimum sizes of MPDUs should be as follows: 0 BR= 500 SF; 1 BR= 650 SF; 2 BR= 800 SF; 3 BR= 1100 SF. (2) High Rise (5+ stories): The minimum size of MPDUs should be as follows: 0 BR= 450 SF; 1 BR= 575 SF; 2 BR= 725 SF; 3 BR= 1000 SF. (c) MPDUs are not required to be located on “premium” floors and are not required to have “premium” locations on a floor (for example, in terms of view, access to building amenities, etc.). (d) No more than 40 percent of the total number of units on any floor should be MPDUs. This requirement does not apply to buildings that are sold or rented under an approved federal, state, or local housing program designed to assist the construction or occupancy of housing for households of low or moderate income. (e) Bedrooms without windows are only permitted if market rate units also have bedrooms without windows and must have installed ceiling lights that meet adequate artificial lighting standards per building code requirements. (f) Applicants must make parking available to MPDU tenants or owners according to the number of parking spaces approved for the MPDUs at certified site plan. MPDU residents must be charged no more than the regular market rate for parking, and must not be required to purchase or rent parking. No fee may be charged for non-structured parking in rental buildings. (g) Clothes washer and dryer equipment must be provided in each rental MPDU unless this equipment is not provided in the market rate units. (h) Condominium developments must have FHA approval or approval of similar financing. 3.6 Omissions of Minimum Standards. Although every effort should be made to provide all Base Unit standards and features, the Department may waive any of the provisions found in Sections 3.1 through 3.5 if an Applicant shows good cause concerning why the Applicant cannot construct an MPDU to the minimum requirements. Examples include situations in which a development is a residential conversion of a non-residential building, rehabilitation of an existing residential unit that was not built to current standards, or other circumstances where there are physical constraints to providing the Base Unit requirements. The Applicant must obtain a written waiver from the Department to forego some of the minimum standards. When adjustments to the minimum standards are permitted by the Department. the sales price may be adjusted to reflect those omissions. 4.1 Final Unit Sales Price. The Final Unit Sales Price is calculated by adding together: (a) the Base Unit Structure Costs as calculated in Section 4.2 and adjusted under Sections 5.1 and 5.2; (b) the Lot Development Cost as calculated in Section 4.2 and adjusted under Section 5.3; (c) additional unusual costs, if applicable, as specified in Section 5.4; (d) the Indirect Costs included in sales price as specified in Section 5.5; and (e) architectural compatibility costs, if applicable, as specified in Section 5.6. 4.2 Base Unit Structure and Lot Development Costs. The following schedule contains the Base Unit Structure Costs and Lot Development Costs for MPDUs. These prices are subject to the adjustments contained in 25A.00.01.05. MPDU Pricing Standards UNIT DESCRIPTION | UNIT SIZE (SF=square feet) | COST Unit Type | No. of Stories | No. of BRs | No. of Baths | Base in SF | Min. in SF | Max. in SF | SF Cost | Base Unit Structure Cost | Lot Dev. Cost 5.1 Base Unit Structure Cost Adjustments. Cost adjustment may be applied to the Base Unit Structure Cost of the MPDU as provided in Section 4.2 for variations in the size of the unit and additional structural amenities above the required Base Unit features found in Sections 3.1 thru 3.3. (a) If garages are added to the unit, the additional cost per Square Foot may be added to the base sales price as provided in the table below. (b) Additional cost credit is only allowed for baths provided above the minimum specification for the unit as required in the table in Section 3.1, according to the adjustments provided in the table below. Roughed-in bath and powder rooms require that the plumbing and electrical installations meet the following conditions to qualify for a cost increase to the MPDU sales price. (1) Plumbing rough-in: the installation of all parts of the plumbing system that can be completed prior to the installation of fixtures, appliances, or equipment must be included. This includes drainage, water supply, vent piping, and necessary supports and backboards. All piping must be tied in and capped off after penetrating the wall or floor surface. Duct work for the future installation of exhaust fans must be installed. Roughed-in plumbing must pass air or water tests by the applicable BOCA or WSSC Codes. (2) Electrical rough-in: wiring must be installed from service panel box and terminated at an outlet of the appliance or fixture that is to be served. (c) For units less than or more than the base square footage under the unit description in Section 4.2,: (1) If the unit size is less than the base square footage for that unit type, the structure cost will be decreased at one-half the unit type Square Foot cost, as provided in the SF Change column in the table below. (2) If the unit size is more than the base square footage for that unit type, the structure cost will be increased at one-half the unit type Square Foot cost, as provided in the SF Change column in the table below. No additions will be made over the maximum floor areas shown in Section 4.2. (3) The unit size may not be less than the minimum square footage provided in Section 4.2 for that unit type, except as provided in Section 3.5(b). (4) The unit size may be more than the maximum square footage provided in Section 4.2, however, no additional cost will be added to the price above the maximum square foot charge, except as provided in Section 5.2. Base Unit Structure Cost Adjustments | ADDITION/SUBTRACTION ADJUSTMENTS Unit Type | Garage (perSF) | Bath | Powder Room | SF Change (+/-) Attached/ Detached | Finished | Rough-In | Finished | Rough-In (d) If a separate linen closet is provided, $600 will be added to the price. (e) If additional vanities are provided to any bath, $350 will be added to the base price for each vanity in excess of the first mandatory vanity. (f) In any instance where a townhouse MPDU is constructed as an end-unit dwelling, the allowable structure cost will be adjusted to reflect the increased costs associated with the construction of the end unit. The end unit credit may not be claimed for duplex units. For end unit townhouses, add $3,500 for each unit; for end unit piggyback townhouses add $2,650 for each unit. (g) Walkout basement with a 5-foot sliding glass door, add $2,200; for a unit with a 6-foot sliding glass door, add $2,500. (h) The allowable MPDU sales price may be increased based on the cost difference between tankless water heaters and tank water heaters unless market rate units in the same development are provided tankless water heaters. (i) If the structure is provided with a deck or terrace, the cost may be added to the price. 5.2 Accessibility. When the buyer and seller of an MPDU agree to modify the unit structurally to facilitate access or use by a disabled person(s), the Department may adjust the allowable sales price by the amount of the additional costs. The Applicant must obtain approval of the price from the Department prior to executing a sales contract. 5.3 Allowances and Considerations to Lot Development Cost. Additional cost adjustments provided below may be applied to the sales price of the MPDU for additional considerations of the Lot Development Cost. (a) The Lot Development Cost found in Section 4.2 does not include water and sewer house connection fees; the actual cost of the connection fees may be added to the allowable sales price in any instance where water and sewer connection charges are not deferred. (b) The Lot Development Cost found in Section 4.2 does not include the Development Impact Tax or the System Development Charge for water or sewer; these fees will be waived if permitted under applicable law. A letter to the County requesting the waiver, which must specifically identify the MPDUs in the development by street address, lot and block, must be sent by the Applicant to (a) the Department to the attention of its Affordable Housing Programs (AHP) Section, (b) WSSC and (c) the County’s Department of Permitting Services. 5.4 Considerations for additional unusual costs (does not apply to garden buildings and high rises). (a) The Department may adjust the allowable sales price of an MPDU if the Applicant can demonstrate that additional unusual costs have been incurred (i.e., costs not already allowed in the structure or Lot Development Costs) which are directly attributable to and benefit the MPDUs and which are the result of: (1) conditions or fees, such as impact or similar fees imposed by a governmental unit or as condition for building permit approvals; (2) additional considerations or fees as a condition of obtaining governmental financing programs; or (3) additional fees imposed by public utilities. (b) A narrative explanation in addition to documentation required under Section 5.8 for such costs must accompany the Offering Agreement. Requests for price adjustments must be initiated by the Applicant. Additional costs for correcting or adapting the usability of marginal land, soils, or topography will not result in an increase in the allowable sales price. (c) Where applicable, unusual costs may include: (1) the cost of a builder’s extended warranty; and/or (2) the expense of obtaining FHA approval for condominium developments. (d) Unusual costs may not be adjusted to cover costs indirectly related to the MPDU. Off-site improvements, development-wide amenities or site requirements such as roadwork, stormwater management facilities, and fire access requirements may not be included in the sales price of an MPDU. 5.5 Indirect Costs Included in Sales Price. (a) An additional 30% of the sum of the direct costs, unusual costs, and architectural compatibility will be included in the sales price to account for indirect costs related to the development of the unit. (b) An additional 3 percent will be added to the sales price to be given as a credit to the buyer. The 3 percent is calculated on the sum of all other costs to be considered in the price. 5.6 Architectural Compatibility Expenses (does not apply to garden buildings and high rises). The allowable sales price of an MPDU may be increased to compensate for the cost of modifying the exterior design (including site improvements) of the MPDU that is necessary to make the MPDUs compatible in exterior design with the market-rate units in the subdivision. (a) The exterior design elements requested must be similar to those elements used on the market-rate housing units in order to reduce substantial differences in appearance. Compensation may be allowed for exterior facades and the sides of end units, roofing structure and material, window and door treatments, materials for walkways, and similar architectural elements. (b) Compensation shall be based upon the cost difference between the exterior design elements included in the calculation of the MPDU allowable structure cost and those design elements for which the Applicant is requesting compensation. Cost estimates or construction bids that document the difference in cost must be submitted. (c) The increase approved for architectural compatibility shall be limited to 10 percent of the allowable base cost for each unit. 5.7 Documentation. All cost additions that are not monetarily specified in these Pricing Standards must be documented with contracts, estimates, bids, or invoices verifying actual costs. 5.8 Options. If the Applicant intends to provide Options, a list of options and their respective prices must be submitted with the Offering Agreement. Selections of Options must be at the discretion of the purchaser and may not exceed 10% of the Final Unit Sales Price. Luxury items may not be included as Options. Options and their selling price must be listed on a separate addendum to the sales contract. Documentation verifying actual costs is not required for Options. 6.1 Effective Date. This Executive Regulation applies to MPDU pricing standards on or after the effective date of this regulation. 6.2 Revisions. The maximum allowable sales prices of MPDUs must be adjusted by the Director annually by adjusting the prior year’s maximum prices by the average preceding 5-year percentage change in the consumer price index for urban consumers (CPI-U) for the Washington Metropolitan Area. The annual re-calculation of CPI and adjustments to the prices contained herein is to be completed in February of each year. If the change in CPI-U for the preceding 5-year average is negative, the sales prices will be maintained for that year.

1.1 Terms not otherwise defined herein have the meaning provided in Chapter 25A of the Montgomery County Code, 2014, as amended (“Chapter 25A” or “Code”). 1.2 “Agreement to Build” or “MPDU Agreement to Build” means an agreement executed between an Applicant and the Department to construct MPDUs in a development as required by Section 25A-5 and this regulation. 1.3 “Alternative Compliance Agreement” means an agreement executed between an Applicant and the Department when the Department approves an Alternative Compliance Measure that satisfies some or all of a MPDU requirement in accordance with Chapter 25A. The Alternative Compliance Agreement may either take the place of or supplement an Agreement to Build. 1.4 “Alternative Compliance Measure” means a method of providing MPDUs other than the standard requirement, including Land Transfers, Alternative Locations, and Alternative Payments to the Housing Initiative Fund. 1.5 “Alternative Location” means that an Applicant provides some or all required MPDUs at another location in accordance with Section 25A-5B and this regulation. 1.6 “Alternative Payment” means that an Applicant provides a payment to the Housing Initiative Fund instead of providing some or all required MPDUs in accordance with Section 25A-5A and this regulation. 1.7 “AMI” means Area Median Income as defined in Chapter 25A. 1.8 “Apartment Complex” means a multi-family building or group of buildings within a development managed by the same management company. 1.9 “Applicant” means any person, firm, partnership, association, joint venture, business entity, or any other entity or combination of entities, and any transferee of all or part of the land at one location, that constructs MPDUs or offers MPDUs for sale or rental. 1.10 “Certificate of Eligibility” or “Certificate” means a certificate which is effective for a specified period of time, which is issued by the Department to households meeting the Program’s minimum eligibility criteria to purchase a MPDU, and which enables them to be placed on an eligibility list maintained by the Department. 1.11 “Control period” means the time a MPDU is subject to either resale price controls and owner occupancy requirements or maximum rental limits as provided in Sections 25A-8 and 25A-9 of the Code. (a) For a MPDU originally offered for sale or rent before March 1, 2002, the Control Period for sale MPDUs is 10 years from the date of the original sale; for rental MPDUs the Control Period is 20 years from the date of original rental. (b) For a MPDU originally offered for sale in an Annual Growth Policy (AGP) policy area before March 1, 2002, the Control Period for sale MPDUs is 15 years from the date of the original sale. (c) For a MPDU originally offered for sale or rent between March 1, 2002 and March 31, 2005, the Control Period for sale MPDUs is 10 years from the date of the original settlement date, and 10 years from the settlement date of each subsequent sale if such sale occurs during the existing Control Period; for rental MPDUs the Control Period is 20 years from the date of original rental. (d) For a MPDU originally offered for sale or rent on or after April 1, 2005, the Control Period for sale MPDUs is 30 years from the date of the original sale, and 30 years from the settlement date of each subsequent sale if such sale occurs during the existing Control Period; the Control Period for rental MPDUs is 99 years from the date of original rental. 1.12 “Eligible Certificate Holder” or “Certificate Holder” means a household that has been issued a Certificate of Eligibility by the Department. 1.13 “Finished Lot” means one which has been prepared in accordance with the subdivision requirements set forth in Chapter 59 and is ready for the construction of a dwelling unit without major additional on-site, off-site, or public space preparation or where a bond has been provided indemnifying against the Applicant’s failure to complete the public improvements. 1.14 “Garden Apartment” means a multi-family dwelling unit structure that is four (4) stories or fewer in height. 1.15 “Government Agency” means the Department of Health and Human Services (DHHS) and any other government agency that is approved to purchase or lease MPDUs according to the procedures for approving Designated Agencies in Section 25A.00.02.07.1. 1.16 “High Rise” means any residential dwelling unit located in a multi-family residential or mixed-use building that is five (5) stories or higher. 1.17 “Land Transfer” means that an Applicant provides land to the County in lieu of providing some or all required MPDUs in accordance with Section 25A-5(g) and this regulation. 1.18 “Moderately Priced Housing Law (MPH Law)” means Chapter 25A of the Montgomery County Code, 2014, as amended. 1.19 “Mortgage Constant” means the annual debt service amount per dollar of mortgage loan, including both principal and interest payments. 1.20 “MPDU Covenants” or “Covenants” means a Declaration of Covenants recorded in the Land Records of Montgomery County subjecting the MPDUs on a property to the restrictions required by Chapter 25A. 1.21 “MPDU Owner” means the persons whose names are on the title to a MPDU. 1.22 “Offering Agreement” or “MPDU Offering Agreement” means an agreement executed between an Applicant and the Department to offer MPDUs in a development for sale or rental as required by Section 25A-8 and this regulation. 1.23 “Program” refers to the Moderately Priced Dwelling Unit program administered by the Department. “Purchase Program” means that part of the Program that concerns for-sale MPDUs, and “Rental Program” means that part of the Program that concerns rental MPDUs. 1.24 “Purchase Price” means consideration as defined in Section 52-29(a) of the Code. 1.25 “Purchaser’s or Renter’s Agreement” means an agreement form provided by the Department that the purchaser or renter of a MPDU signs stating that the household must occupy the MPDU in accordance with the provisions of Chapter 25A and the MPDU Covenants. 1.26 “Reoccupancy Certificate” means a form signed by a MPDU Owner who has been granted permission by the Department to temporarily rent a MPDU certifying that the Owner will either reoccupy the MPDU or will sell the MPDU in accordance with Chapter 25A at the end of the approved temporary rental period. 1.27 “Voluntary Rent Guidelines” is defined in Section 29-53 of the Code. 2.1 Application and Certification. (a) A household that wants to purchase a MPDU must apply to the Department to be certified as eligible for participation in the Purchase Program. To determine whether a household meets the minimum eligibility requirements, the following information and documentation must be provided to the Department: a copy of the most recently filed federal income tax return and W-2 forms, copies of divorce or separation agreements (if applicable or if most recent tax return was filed as “married”), copies of the two most recent employment pay check stubs from each current employer, and a mortgage pre-qualification letter from a lender approved by the Department in the format required by the Department. All the required information and documentation listed above must be provided for every wage earner in the household. The Department reserves the right to require certified copies of a household’s United States Internal Revenue Service (IRS) tax forms. (b) A household that wants to rent a MPDU in the Rental Program must apply directly to Apartment Complexes that include rental MPDUs. To determine whether a household meets the minimum eligibility requirements and has sufficient income to rent a MPDU in the Apartment Complex, the Applicant must obtain and review the following information and documentation from the household: copies of the two most recently filed federal income tax returns and W-2 forms, copies of divorce or separation agreements (if applicable or if most recent tax return was filed as “married”), and copies of the two most recent employment pay check stubs from each current employer for every wage earner in the household. The Applicant may also require the household to submit other information typically collected for market-rate households. Prior to leasing any MPDUs, an Applicant must obtain training from the Department about the steps and documentation required to find a household eligible to participate in the Rental Program. The Department must annually notify Applicants of the applicable income limits and other eligibility criteria. Applicants must provide the Department with the documentation required in Section 25A.00.02.06.5(b). (c) Households who do not have the required federal tax information because they did not live in the United States at any time during the applicable time period must supply a copy of their passport and the passports of each household member indicating their dates of entry and exit to the United States. In addition, these households must supply evidence from the IRS verifying that they have not filed federal income taxes in the previous one (1) or two (2) years, whichever is applicable. (d) A household that includes a person who is self-employed must demonstrate that they meet the Program’s income guidelines by providing evidence and documentation in a form acceptable to the Department. (e) Based on demand, the Department may at times set defined time periods during which applications for sales certificates will be accepted. (f) Within 30 days of receiving a complete application, the Department will issue households determined to be eligible to purchase a MPDU a non-transferable Certificate of Eligibility which contains an expiration date. The expiration date for Certificates of Eligibility is 12 months from the date of approval of the Certificate. In order for a Certificate Holder to continue to be eligible to participate in the Purchase Program, the Certificate Holder must apply to renew the Certificate of Eligibility no earlier than 60 days prior to the expiration date, and must demonstrate that their household continues to meet all eligibility requirements in effect at the time of renewal. 2.2 Requirements for Eligibility - Income. To determine a household’s eligibility for the Program, except in circumstances described in subsection (d) below, the Department (for sales MPDUs) or the Applicant (for rental MPDUs) must determine that the household’s total income is at least equal to the approved minimum and does not exceed the approved maximum income limits for sale or rental housing in effect at that time. The Department may adopt uniform policies for determining how household annual gross income must be calculated. (a) Maximum Income - MPDU Sales. The Director of the Department must annually set the maximum incomes allowed under the Rental and Purchase Programs according to the following procedures. The maximum income required to purchase a MPDU is set at 70 percent of the AMI for a household size of four (4). The 70 percent figure for a household of four is then multiplied by the following adjustment factors to determine the maximum income allowed for various household sizes. The resulting figure is rounded to the nearest $500. Household Size | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 Adjustment Factor | .70 | .80 | .90 | 1.00 | 1.08 | 1.16 | 1.24 | 1.32 (b) Maximum Income - MPDU Rental. (1) Garden Apartments, Townhomes, and Single-Family Dwellings – The maximum income to rent a MPDU in a Garden Apartment, Townhouse (whether vertically or horizontally aligned), or Single-Family Dwelling is set at 65 percent of the AMI for a household size of four (4). The 65 percent figure for a household of four is then multiplied by the following adjustment factors to determine the maximum income allowed for various household sizes. The resulting figure is adjusted to the nearest $500.00. (2) High Rise Apartments – The maximum income to rent an MPDU in a High Rise Apartment is set at 70 percent of the AMI for a household size of four (4). The 70 percent figure for a household of four is then multiplied by the following adjustment factors to determine the maximum income allowed for various household sizes. The resulting figure is adjusted to the nearest $500.00 Household Size | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 Adjustment Factor | .70 | .80 | .90 | 1.00 | 1.08 | 1.16 | 1.24 | 1.32 (c) Negative AMI. If the change in AMI from the preceding year is negative, the Director may either maintain the maximum income at the previous year’s level or adjust the maximum income by the percentage change in the Consumer Price Index for the preceding 12-month period. (d) Affordability. At the time the new income limits are set each year, the Department shall compare the maximum income needed to purchase a MPDU for a household size of one with the starting salary for a teacher (Bachelor’s degree) in the Montgomery County Public School System. If the Department determines that the maximum income figure under the Program would preclude the participation of a first year teacher in the school system, the Director may adjust the income limits accordingly to allow the participation of first year teachers. (e) Minimum Annual Incomes. Each year the Department may determine and set a minimum annual income for participation in the Program. If a minimum is set, it must be set at the minimum annual income needed to qualify for a mortgage to purchase a MPDU, or to make a rental payment for a MPDU, as determined by the Department. (f) Income. Income is defined as the gross income received annually from all sources by all wage earners in a household. Sources of income include, but are not limited to, the following: (1) wages and salary; (2) child support; (3) alimony; (4) interest from savings and checking accounts; (5) dividends from stocks and bonds, and interest from certificates of deposit; (6) Social Security benefits; (7) Veterans Administration benefits; (8) overtime pay; (9) Unemployment insurance benefits; (10) bonus payments; (11) pension and retirement payments; (12) Long-term Disability benefits; (13) any other annuities or stipends received; and (14) gifts from third parties, the value of which may be limited by Executive Order. (g) Other Housing Programs. When an Applicant fulfills the MPDU requirement for a particular development through the construction of housing under other federal, state, or specific local programs to assist low- and moderate-income households, the income limits and other requirements of that particular housing program apply rather than the requirements set forth herein during the term of the compliance period for that housing program. 2.3 Special Income Exception for Conversion of Rental MPDUs to Condominiums. A household that rents a MPDU and lawfully occupies it at the time the MPDU is offered for sale must be offered to right-of-first refusal to purchase the MPDU regardless of the household’s income as long as the household qualifies for the financing necessary to purchase the MPDU, and the household was income-eligible at the time that the household first rented the MPDU. This right-of-first refusal is effective for 60 days from the date the household is given notice that the MPDU is to be offered for sale. If the household does not sign a contract and secure financing within the 60-day period, the MPDU must be offered to Eligible Certificate Holders. 2.4 Requirements for Eligibility – Restrictions on Ownership of Residential Property. To be eligible to buy or rent a MPDU other than an age-restricted unit, members of a household must not have owned any residential property during the previous five (5) years and can never have owned a MPDU. 2.5 Requirements for Certificate of Eligibility. To be eligible to receive a Certificate of Eligibility to purchase a MPDU, at least one adult member of the household must complete the following classes approved by the Department: (a) a first-time homebuyer class; (b) a MPDU orientation seminar; and (c) a MPDU application session. 2.6 Occupancy Requirement for MPDUs. (a) Except for the Commission or Designated Agencies that purchase or lease MPDUs under Chapter 25A, MPDU renters and MPDU Owners must occupy the MPDU as their primary residence and must execute and submit to the Department a Purchaser’s or Renter’s Agreement Form provided by the Department, which certifies that the household must occupy the MPDU during the entire Control Period or until the MPDU is sold or is relinquished in accordance with the MPH Law and this regulation. If a MPDU Owner dies, at least one heir, legatee, or other person taking title by will or by operation of law must occupy the MPDU as their primary residence during the Control Period in order to fulfill the occupancy requirements of this Section. (b) Before a MPDU Owner purchases other residential property during the Control Period, the owner must first sell the MPDU under the Purchase Program as specified in this regulation. Once the MPDU Owner has entered into a sales contract with a buyer for the MPDU and a settlement date has been scheduled, the MPDU Owner may enter into a sales contract for another property. When the renter of a MPDU closes on another residential property, the renter must vacate the MPDU and may not rent another MPDU. (c) MPDU Owners who are granted permission by the Department to temporarily rent their MPDUs must obtain a rental license from the Department, and must sign a lease with the tenant household. The MPDU Owner must use the appropriate model lease approved by the Department. The term of the lease must not exceed the time period granted by the Department as reflected in the Reoccupancy Certificate. Within 30 days of the date that the tenant household signs the lease, the MPDU Owner must provide the Department with a copy of the fully executed lease, a copy of the rental license, and the original of the Reoccupancy Certificate. (d) If a MPDU Owner fails to occupy the MPDU as their primary residence and has not received written permission from the Director to rent or vacate the MPDU temporarily, the MPDU must be sold in accordance with Chapter 25A. 3.1 Requirement for Payment to the Housing Initiative Fund. (a) An Applicant for an approval or permit identified in Section 25A-5(a) who proposes development of between 11 and 19 dwelling units is not required to provide MPDUs but must make a payment to the Housing Initiative Fund (HIF). An Applicant must complete a written HIF Payment Agreement and submit it to DHCA. Once the HIF Payment Agreement is approved by the Director and the County Attorney, the Applicant must submit the approved HIF Payment Agreement to the Department of Permitting Services (DPS) prior to obtaining building permits. (b) An Applicant subject to this regulation must make a payment to the Housing Initiative Fund calculated as follows: (1) For sales units – one-half (0.5) percent of the Purchase Price of each dwelling unit, to be collected at settlement of each unit and forwarded to the County within three (3) business days of recordation of the deed. The payment must be accompanied by a copy of the signed settlement statement. A Covenant containing the Applicant’s HIF payment requirement will be recorded in the Land Records of Montgomery County and each unit will be released from the operation of the Covenant upon the developer’s payment of the HIF payment at the settlement of each unit. (2) For rental units – If the development is either a new rental building of 11-19 units or if fewer than 20 units are being added to an existing building where there are no MPDUs currently under the control period, a comparable value to for sales units payments under this Section as determined based on the average per unit sales price in the County for the prior 5 calendar years, as calculated every January and published by the Department. The amount due under this subsection must be paid to the County prior to the issuance of a Use and Occupancy permit by DPS. If any new units are being added to an existing building where there are MPDUS currently under the control period, additional MPDUs must be designated in the building equivalent to the requirement of Section 25A-5. The new MPDU designation may be a previously existing market rate unit elsewhere in the building at the discretion of the Director and will be subject to the remaining term of the control period of the previously existing MPDUs. (3) Alternatively, the Applicant may provide MPDUs in the development in accordance with Chapter 25A. 3.2 Requirements of the Agreement to Build. (a) Once the Planning Board has set the MPDU requirements for the subdivision, an Applicant must enter into a written Agreement to Build with the Department in a form approved by the Department. The Agreement to Build must be executed before any building permits within the subdivision may be issued by DPS. The Agreement to Build must contain at least the following information: (1) the name of the subdivision, the marketing name if different than the subdivision, and the apartment or condominium name, when applicable. A copy of the approved site plan, or the preliminary plan if no site plan is required, must be provided with the Agreement to Build; (2) a plan for the staging of construction of all dwelling units that is consistent with Chapter 25A and any approved applicable land use, subdivision, or site plan; (3) a draft copy of the applicable MPDU Covenants, either rental or sales; (4) the Agreement to Build must identify all land at one location which is owned by or under contract of sale to the Applicant, or, will be available, or is being processed for development and individually or collectively will be subject to Chapter 25A; (5) a specific listing of the MPDUs and market rate units, including development phase, lot, block, street address, number of bedrooms, and (for multi-family units) building designations and unit numbers. Property tax account numbers must be provided for the MPDUs, if available; and (6) for single-family dwelling units, a floor plan of each MPDU type with dimensions and square footage. For multi-family buildings, a floor plan of each MPDU type with dimensions and square footage, and a typical floor plan of the building(s) showing locations of MPDUs and market rate units on each floor, with a summary chart of location and bedroom compositions of the MPDUs and market rate units. (b) The Department must determine that the Agreement to Build meets the requirements of Chapter 25A and this regulation. Any revisions to the Agreement to Build must be requested in writing by the Applicant and approved in writing by the Director. (c) A copy of the executed Agreement to Build must be submitted to DPS before the first building permit application in the subdivision is approved. DPS must not issue building permits in a subdivision having a MPDU requirement unless those units are included in the signed Agreement to Build. DPS must not issue a building permit for the final market-rate units in the subdivision until the building permit for the final MPDU in the subdivision has been issued. 3.3 Housing Programs Which Satisfy the MPDU Requirement. Federal, state, or local housing programs may be used to fulfill some or all of the MPDU requirements. When federal, state, or local housing programs are used to comply with the requirements of Chapter 25A, the following conditions must be met: (a) sales prices or rental rates must be affordable to Eligible Households; (b) the Director must determine that the controls on the sales prices or rents will contribute to the long term availability of moderately priced units and that the Covenants on these units contain provisions for the County’s recapture of excess profits realized by a MPDU Owner as required in Chapter 25A; (c) when a dwelling unit produced under an approved federal, state, or local housing program is designated as a MPDU, the income limits and other requirements of that particular housing program apply during the compliance period for that program rather than the requirements set forth herein. If the compliance period for that program is shorter than the MPDU Control Period, the MPDU requirements must apply for the balance of the MPDU Control Period, unless the Director determines that the affordability term of the other program is equivalent to the MPDU requirement. Under certain conditions as specified in Chapter 25A, it may be possible to provide less than the required number of MPDUs on-site in any development. 4.1 MPDU Land Transfer Option. (a) If an Applicant wishes to request a Land Transfer option to fulfill some or all of a MPDU requirement in accordance with Section 25A-5(g)(1), the Applicant must submit a written request to the Director to transfer land or Finished Lots to the County not less than 90 days prior to the submission of any building permit application for the development for which the Land Transfer option is being requested, and in any case before an Agreement to Build is executed. The Director must make a determination of whether the approval will be granted before the Applicant submits an application for a building permit for the development, and the Applicant must execute an Alternative Compliance Agreement with the Department in a form approved by the Department prior to the time that DPS approves a building permit for the development. The transfer request must include: (1) justification why the Applicant is requesting the Land Transfer and how the public benefit of granting the Land Transfer proposal outweighs the value of providing MPDUs in each subdivision throughout the County; (2) a title report showing ownership, or a purchase contract signed by the Applicant for the land proposed to be transferred, and a description of the property; (3) preliminary subdivision plans or site plans, or record plats; (4) topographical maps, and soil tests if they have been performed; (5) a Phase I Environmental Report; and (6) an itemized statement of actual costs incurred or estimated costs to finish the lots on the property proposed to be transferred. (b) Conditions for Transfer. Land offered to the County must meet the following minimum standards: (1) the title must be good and marketable and the land must be transferred in fee simple by a special warranty deed; (2) the land must be served by public water, sewer, and other necessary utilities, must be accessible from an improved public street; and the Department, in its sole discretion, must determine that development of the land into lots is economically feasible as a MPDU development; (3) in single-family developments, the land may be transferred as individual scattered lots, as several groups of lots, or as a single subdivided parcel; and (4) in multi-family projects, the land must be large enough to support the development of an independent rental or sales project including parking, open space, and amenities. (c) Transfer Decision and Agreement. The decision to approve or deny a Land Transfer must be made by the Director taking into consideration how the public interest will best be served. Any decision regarding the transfer must be made in accordance with the following conditions: (1) the Department must make a decision within 90 days of receiving the request and all required documents for the Land Transfer. A copy of the decision must be provided to the Applicant, the Planning Board, and DPS; (2) the Department may only approve a Land Transfer under this subsection after making a written determination that the value of the land transferred is at least equal to the value of the MPDUs not constructed by the Applicant; (3) the Department may reject any offer to transfer land, either in part or in whole, if the Director determines that the transfer will not serve the public interest or if no funds are available to reimburse the Applicant for the lot finishing costs; (4) if the Department approves the transfer request, the Alternative Compliance Agreement must address compensation for the reasonable costs for Finished Lots; and (5) the Applicant is responsible for preparing and executing the necessary special warranty deed(s), arranging for settlement, ensuring that the deeds are properly recorded and delivering evidence of good title to the transferred lots or land. 4.2 Request to Provide MPDUs at an Alternative Location. If an Applicant wishes to provide some or all of the MPDUs for development of a High-Rise building at an Alternative Location under the provisions of Section 25A-5B, the Applicant must submit a written request to the Director not less than 90 days prior to the submission of any building permit for the development for which the Alternative Location approval is being requested, and in any case before an Agreement to Build is executed. The Director must make a determination of whether the approval will be granted before the Applicant submits an application for a building permit for the development, and the Applicant must execute an Alternative Compliance Agreement with the Department in a form approved by the Department prior to the time that DPS approves a building permit for the development. 4.3 Request to Make an Alternative Payment to the Housing Initiative Fund. If an Applicant wishes to make an Alternative Payment to the Housing Initiative Fund instead of building some or all of the required number of MPDUs in a proposed subdivision under the provision of Section 25A-5A, the Applicant must submit a written request to the Director to make an Alternative Payment to the Housing Initiative Fund not less than 90 days prior to the submission of any building permit for the development for which the payment option is being requested, and in any case before an Agreement to Build is executed. The Director must make a determination of whether the approval will be granted before the Applicant submits an application for a building permit for the development, and the Applicant must execute an Alternative Compliance Agreement with the Department in a form approved by the Department prior to the time that DPS approves a building permit for the development. 4.4 No Alternative Compliance if All Impact Fees are Waived. If an Applicant receives a waiver of all impact fees for a development in accordance with Section 52-41(g)(5) and Section 52-54(c)(5) of the Code, the Department must not approve a Land Transfer, an Alternative Payment or an Alternative Location for the development. The MPDUs must be provided on-site, and any for-sale MPDUs must be priced as provided in Section 25A.00.02.05.3 if the price calculated by that method is lower than the price calculated as provided in Section 25A.00.02.05.1. 5.1 Maximum Allowable Sales Prices of MPDUs. (a) The Department must, by Method (3) regulation, annually set and disseminate a schedule of the pricing standards and minimum specifications to be used to determine the maximum allowable sales prices of MPDUs. (b) The maximum allowable sales price for the MPDUs must be fixed according to the applicable MPDU pricing standards when the Offering Agreement is fully executed. (c) When permitted by the Director, significant items included in the minimum MPDU specifications, but which are not constructed in a unit, may result in an adjustment to the allowable Purchase Price to reflect these omissions. Minimum specifications for MPDUs which exceed building code requirements are as shown on the schedule maintained by the Department. It is the responsibility of the Applicant to provide these items, or otherwise to obtain permission from the Department not to meet the minimum standards. (d) When the buyer and seller of a MPDU agree to modify the unit structurally to facilitate access or use by a person with mobility or sensory impairments, the Department may adjust the allowable sales price by the amount of the additional costs. The Applicant must obtain approval of the price from the Department prior to executing a sales contract. (e) The Department may require front-foot benefit charges to be included in the price of the MPDU rather than being deferred. (f) Architectural compatibility. As described on the schedule maintained by the Department, the allowable sales price of a MPDU may be increased by up to 10 percent over the base sales price of the MPDU upon a finding that the increase is justified to cover the cost of a modification to the external design of the MPDU necessary to reduce excessive marketing impact of the MPDU on the market-rate units in the subdivision. (g) The Director may restrict those conditions of the design, construction, pricing or amenity package of a development with MPDUs that will impose excessive mandatory homeowner or condominium fees or other costs that reduce the affordability of the MPDUs. 5.2 Maximum Rental Rates for MPDUs. (a) The maximum allowable rents that may be charged for the MPDUs are those in effect at the time the Department approves the rental Offering Agreement. MPDU rents must be based on the maximum income permitted under the Rental Program, as revised annually. (b) Rental rates established for MPDUs must distinguish units which are inclusive and exclusive of utilities paid by the household and those utilities paid by the Applicant. (c) MPDUs developed under the programs designated in accordance with Section 25A.00.02.03.3 of this regulation are to be offered and marketed in accordance with the procedures established for those programs. (d) The method for computing the maximum allowable monthly rents for Garden Apartment, Townhouse, and High-Rise MPDUs is described below. The income for the rent calculation is based on one and one-half (1½) people per bedroom. Rental rates must be computed based on the relevant income limits for the MPDU Rental Program in effect at the time the MPDUs are offered for rent. (1) The maximum rent for an efficiency unit is based on the income for a one-person household. (2) The maximum rent for a one (1) bedroom unit is based on the mid-point between the income for a one-person household and a two-person household (i.e., 1.5 people). (3) The maximum rent for a one (1) bedroom plus den unit is based on the income for a two-person household. (4) The maximum rent for a two (2) bedroom unit is based on the income for a three-person household. (5) The maximum rent for a two (2) bedroom plus den unit or a two (2) bedroom unit with a second bath is based on the mid-point between the income for a three-person household and a four-person household (i.e., 3.5 people). (6) The maximum rent for a three-bedroom unit is based on the mid-point between the income for a four-person household and a five-person household (i.e., 4.5 people). (7) Based on the appropriate household size and corresponding maximum income, the income for each unit size is multiplied by 25 percent then divided by 12 and rounded to the next highest whole number which is evenly divided by five (5) to establish the rent for the unit, excluding utilities. (8) When the Applicant pays for all utilities, based on the appropriate household size and corresponding maximum income, the income for each unit size is multiplied by 30 percent then divided by 12 and rounded to the next highest whole number which is evenly divided by five (5) to establish the rent for the unit. When the Applicant pays for some but not all utilities, the Department will add the “Allowances for Tenant-Furnished Utilities and Other Services” for the Washington PMSA, as determined by the U.S. Department of Housing and Urban Development, to the rent as calculated for MPDUs excluding utilities. When an Applicant pays for some utilities for a MPDU, the total rent must not exceed the maximum rent for a MPDU when an Applicant pays for all utilities. (e) The rental rate for currently rented MPDUs must be adjusted annually by the Director in accordance with the County’s Voluntary Rent Guidelines. If an Apartment Complex is financed through a federal, state or local affordable housing program, then the requirements of that program are considered to meet the requirements of this regulation during the compliance period for that affordable housing program. (f) Laundry washer and dryer equipment must be provided in each MPDU unless this equipment is not provided in the market rate units. No increase in rent is allowed for laundry washer and dryer equipment unless the market rate units are separately charged and the increase is limited to the same fee that the market rate apartments are charged. (g) The Applicant must not be permitted to charge a fee for non- structured automobile parking to MPDU tenants unless market-rate households are charged a fee for non-structured automobile parking. Structured parking, garage or other enclosed spaces, or unstructured parking where a fee is charged to all tenant households, may be offered as an option to the MPDU occupants at the monthly rate normally charged by the Applicant. At a minimum, the Applicant must make parking available to MPDU households according to the number of parking spaces approved for the MPDUs at certified site plan. (h) The Director may adjust the rental rates for rental apartments in age-restricted developments that provide services, amenities, or design features to all tenants which cannot be made optional to the MPDU tenant households on a fee basis. 5.3 Rental MPDUs Sold as For Sale MPDUs. In the event that a MPDU originally offered as a rental MPDU is sold as a sale MPDU, the MPDU must not be sold at any time during the applicable rental Control Period for a price greater than the “maximum allowable resale price” for the MPDU, as described below: (a) the income used to calculate the resale price is based on one (1) person per bedroom; (b) to calculate the resale price by bedroom size, the corresponding total household “monthly income” is calculated by dividing by 12 the annual income limit set by the Department; (c) the maximum “monthly housing cost” is calculated by multiplying the resulting “monthly income” by 30 percent; (d) from the maximum “monthly housing cost”, subtract monthly condominium and HOA fees, hazard insurance, private mortgage insurance and real estate taxes to calculate the “adjusted housing cost”; (e) divide the “adjusted housing cost” by the applicable Mortgage Constant for a 30-year, fixed-rate conventional mortgage at the prevailing mortgage interest rate. The “applicable mortgage interest rate” will be determined by the prevailing interest rate for a 30-year, conventional mortgage as published by Freddie Mac (or such other source as determined by the Department). This figure represents the “maximum mortgage amount” that an Eligible Household can afford to support; and (f) divide the “maximum mortgage amount” by 97 percent (.97) to calculate the “maximum allowable resale price” after accounting for a down payment of three (3) percent. A new Control Period for the MPDU must be established according to the Control Period in effect at that time for sale MPDUs. The existing rental Covenants must be released, and new sales Covenants recorded on the property prior to the first sale of any unit in the development. 6.1. Offering MPDUs for Sale or Rent. (a) The Applicant must offer MPDUs for sale or rent through the Department by completing and submitting an Offering Agreement on the form provided by the Department. The Applicant must provide the documents required by Section 25A-8(b)(2) and the following: (1) a description of the MPDUs including the number, unit types, and size by area and number of bedrooms, and other relevant details of the MPDUs; (2) the addresses, legal descriptions and property tax account numbers of the MPDUs; (3) a recorded subdivision plat and a copy of the site development plan designating the locations of the MPDUs; (4) the signed MPDU Covenants, in recordable form; (5) a copy of the building floor plans (for multi-family buildings) and the unit layouts of each MPDU unit type with dimensions and square footage; (6) if the MPDUs are to be sold, a completed sale price calculation sheet for each unit type and a price list of options; (7) the date(s) when MPDUs are expected to be delivered for settlement or rental occupancy; and (8) any other information the Department deems necessary. (b) MPDU sale units must be available for settlement and occupancy in compliance with all County building and occupancy code requirements within 365 days of the date when the MPDUs are marketed for sale to Eligible Certificate Holders. (c) The first MPDU rental units in a development must be available for rental occupancy in compliance with all County building and occupancy code requirements within 120 days of acceptance of the Offering Agreement by the Department. (d) For rental Offering Agreements, the Applicant must attach an executed subordination agreement from all lien holders on the property so that the MPDU Covenants will hold a senior position, or must attach a statement by an attorney licensed to practice law in Maryland certifying that the MPDU Covenants are superior in recording order to any monetary encumbrances on the property. (e) The Applicant may not require from a MPDU purchaser a deposit that exceeds one (1) percent of the established MPDU sales price, including options if applicable. The selection of options must be at the discretion of the MPDU purchaser and may not exceed ten (10) percent of the base sales price. (f) Condominiums must have FHA approval or financing with similar terms. 6.2 Random Selection Drawing Process. After the Department has approved the Offering Agreement, Eligible Certificate Holders who are interested in purchasing MPDUs, other than the Commission and approved Government Agencies and Designated Agencies must be selected through a Random Selection Drawing (RSD) process conducted by the Department in cooperation with the Applicant. This process must be used to establish a list of Eligible Certificate Holders to whom the available MPDUs must be offered for sale. (a) The Department must notify the Applicant and Eligible Certificate Holders of the proposed offering by posting a flyer with information about the unit type, price, size, number of bedrooms, number of baths, HOA or condominium fee, and other details of the MPDUs on the Department’s website, and scheduling of a Random Selection Drawing. At the time a household is determined to be an Eligible Certificate Holder under the Purchase Program, the Department awards points according to the factors listed below: (1) one (1) point for each consecutive year (12-month period) the household has held a Certificate of Eligibility for the MPDU Purchase Program, up to a maximum of three (3) points; (2) one (1) point for living in the County, for a maximum of one (1) point; (3) one (1) point for working in the County, for a maximum of one (1) point; and (4) the maximum number of points that may be assigned to an Eligible Certificate Holder is five (5) points. (b) One-person and two-person households must only be permitted to participate in Random Selection Drawings for one- and two-bedroom MPDUs. One-person and two-person households may not be permitted to purchase any MPDUs with three (3) or more bedrooms unless the drawing list of Eligible Certificate Holders containing three (3) or more people has been completely exhausted. (c) The Random Selection Drawing must give priority to Eligible Certificate Holders according to the number of points they have been awarded, in descending order. A list of names must be developed, with the order determined by the order in which the names were drawn during the Random Selection Drawing. The Applicant must contact the Eligible Certificate Holders and offer them the opportunity to purchase the available MPDUs according to the order of the list determined by the Random Selection Drawing. (d) Eligible Certificate Holders selected by a Random Selection Drawing must have the exclusive right to enter into a contract for the purchase of an MPDU during the Priority Marketing Period, which begins on the date of the fully executed Offering Agreement, or the date of the Department’s approval of other marketing methods, and, except as provided in subsection (e), ends 90 days thereafter. (e) The Applicant must not offer an MPDU to non-income-eligible households unless the Priority Marketing Period has ended, the drawing list of all Eligible Certificate Holders has been exhausted, and a written notice has been obtained from the Department authorizing the Applicant to sell the MPDUs to non-income-eligible households. During the Priority Marketing Period, if the drawing list of all Eligible Certificate Holders has been exhausted, the Department may offer the MPDU to other Certificate Holders and may waive the minimum household size requirement for that MPDU. If no Certificate Holders are interested in purchasing the MPDU, the Department may offer the MPDU to income-eligible households that are not Certificate Holders during the Priority Marketing Period. The Priority Marketing Period is automatically extended until the Department determines that no additional income-eligible households are available to purchase the MPDUs. The Department may incrementally increase the maximum income for eligibility and extend the Priority Marketing Period in 30-day increments before waiving all income restrictions. MPDUs that become available for sale after the Priority Marketing Period because of the disapproval of permanent loan financing must be offered to Eligible Certificate Holders on the drawing list. MPDUs that are offered to non-income-eligible households remain subject to the Covenants, the Code and the regulations governing the Program, except the income limitations for the initial purchaser. (f) If an Applicant offers MPDUs for sale within six (6) months after the date of acceptance by the Department of a previous offering of MPDUs in the same subdivision, then the priority list established by the Random Selection Drawing for the previous offering may be used until the list of all Eligible Certificate Holders has been exhausted. The following provisions apply to the subsequent offering: (1) the Applicant’s offering must contain the same type(s) of unit(s) with the same number of bedrooms per unit as were in the prior offering; and (2) purchasers must have a valid Certificate of Eligibility. (3) The Priority Marketing Period for subsequent offerings begins on the date of the fully executed Offering Agreement, or the date of the Department’s approval of other marketing methods. 6.3 Offering MPDUs for Rent. (a) The Department will provide a notice on the Department’s website of the availability of rental MPDUs to Eligible Households. MPDUs offered for rent by the Applicant may be leased without utilizing the Random Selection Drawing process unless otherwise required by the Director. The Applicant must comply with all applicable local, state, and federal fair housing laws and must rent the available MPDUs only to Eligible Households during the Priority Marketing Period. If a Random Selection Drawing process is used to rent the MPDUs, the same point system described in Section 25A.00.02.06.2(a) of this regulation may be used for ranking Eligible Households. The Department must notify the Applicant of the date on which the first lease for the property may be written. The 90-day Priority Marketing Period must begin on that date and is automatically extended until the Department determines that no additional Eligible Households are available to rent the MPDUs. If construction or occupancy of the MPDUs is phased over a period of time, each phase must have its own Priority Marketing Period, and the Priority Marketing Period begins when the MPDUs in each phase are available for rent. (b) During the Priority Marketing Period, the Applicant must rent the MPDUs to Eligible Households. An Eligible Household must have at least as many household members as the number of bedrooms in the MPDU. (c) If a Random Selection Drawing is held to determine a marketing list of Eligible Households, the Priority Marketing Period begins on the date of the drawing. (d) If the MPDUs are not rented to Eligible Households during the Priority Marketing Period and the Applicant has demonstrated to the Department’s satisfaction that a good faith effort was made to rent the MPDUs to Eligible Households, the Applicant may then rent the MPDUs to non-income-eligible households at the MPDU rental rate after receiving prior written approval from the Department. (e) The MPDUs must be ready for occupancy within 120 days of the beginning of the Priority Marketing Period. (f) The Applicant must use a lease form that complies with all federal, state and local laws, subject to the additions listed below. (g) The lease agreements for MPDUs, other than those leased to the Commission or a Government Agency or a Designated Agency, must include the provisions listed below: (h) The household must occupy the MPDU as its primary place of residence and must not sublet the MPDU. (i) The household must provide income and household composition information to the Applicant every year for recertification purposes. The documents that must be provided are federal income tax forms for the last two (2) years, a copy of a current pay check for all employed household members, and the current household composition. (1) The household must provide the recertification information within 30 days of receiving the recertification form from the Applicant. If the household fails to provide the recertification information within the 30-day period, the household must vacate the MPDU within 60 days of receiving notification from the Applicant that the recertification form and required documentation were not received. (2) The household must vacate the MPDU if, at the time of re- certification, the household’s income exceeds by 30 percent the maximum eligible income necessary to qualify as an Eligible Household. The Applicant must take action necessary to have the household vacate the MPDU within 90 days of receiving information that the household’s income exceeds the maximum permitted income limit. The Applicant may substitute another unit with the same number of bedrooms within the same Apartment Complex for the existing MPDU and permit the household to occupy their present unit at a rent higher than the approved MPDU rent. A new MPDU Covenant form must be recorded subjecting the substitute unit to the MPDU Covenants. (j) The Applicant must send a copy of each household’s signed Renter’s Agreement form to the Department within 30 days of signing the lease with the household. In addition, the Applicant must supply the information listed below in a format acceptable to the Department on an annual basis: (1) the number of MPDUs, by bedroom count, that are leased to Eligible Households, the Commission, Approved Government Agencies and Designated Agencies and their clients who have been assigned the option to lease MPDUs; (2) for each MPDU, the current rent, the names of the members of the household, household size, and total household income as of the date of the lease; (3) a statement that to the best of the Applicant’s information and knowledge, the households leasing the MPDUs meet the eligibility criteria; and (4) notices of rent increases for all MPDUs. Upon the Department’s request, Applicants must also submit their application, lease, and leasing procedures to the Department for review and approval. (k) If the Applicant is required to report tenant occupancy information pursuant to a governmental financing regulatory agreement, then that report may be substituted for the information required in this regulation. (l) If the Applicant has a MPDU available to be re-rented, the Applicant must offer the MPDU to Eligible Households for a period of sixty (60) days before renting the MPDU to a non-eligible household at the MPDU rental rate. The sixty (60) day period must commence when the Department receives written notice from the Applicant of the MPDU’s availability to be leased, and the Applicant must receive written approval from the Department before leasing the MPDU to a non-eligible household. 6.4 MPDU Covenants. (a) The Applicant must sign and forward MPDU Covenants in recordable form to the Department before selling or renting any MPDUs. The Covenants must be in the form required by the Department and include the restrictions contained in Chapter 25A. The Covenants must run with the land for the entire Control Period and until all requirements of Chapter 25A have been met. The Covenants must be binding on the Applicant and its assignees, mortgagees, buyers and transferees, and all other parties that receive title to the property. (b) MPDU Covenants must be recorded by the Department and must be recorded so that they are senior to all instruments securing permanent financing. Every deed transferring an MPDU must reference the MPDU Covenants on the first page of the deed citing where the Covenants are recorded in the land records by book and page. If the Covenants cannot be recorded on the MPDU in conformance with this regulation, then the unit must not be considered as meeting the requirements of Chapter 25A. (c) The Applicant must provide a copy of the recorded sales Covenants and a copy of Chapter 25A to MPDU purchasers at settlement. The purchasers must acknowledge in writing that they have been given a copy of the Covenants and Chapter 25A. 6.5 Sales and Rental Documentation. (a) Sales Documentation. Within 14 days of signing the sales contract, the Applicant must submit to the Department the following information in correct form for the unit to fulfill the requirements of Chapter 25A: (1) a copy of the executed sales contract or agreement; (2) the purchaser’s original Certificate of Eligibility; (3) the executed Purchaser’s Agreement form; and (4) the executed acknowledgement of receipt of MPDU Covenants and Chapter 25A. In addition, within 30 days after the date of settlement, the Applicant must submit to the Department the final settlement sheet and a copy of the recorded two-party deed. The deed transferring title must reference on the first page of the deed the recorded MPDU Covenants by the date the Covenants were recorded and the book and page recording references. (b) Rental Documentation. Within 30 days of the date of the fully executed lease for an MPDU rental unit, the Applicant must submit the executed MPDU Renter’s Agreement form to the Department for the unit to meet the requirements of Chapter 25A. 7.1 Qualification and Designation of Housing Providers by the County Executive. (a) The Director may recommend to the County Executive that certain nonprofit business entities be approved to purchase or lease MPDUs. To be eligible for such a designation, the nonprofit business entity must demonstrate its financial ability to acquire, operate, maintain and manage MPDUs satisfactorily on a long-term basis. The County Executive may consider the relative needs and requirements of the nonprofit business entities and their clientele, readiness and ability of the nonprofit business entity to purchase or lease and manage MPDUs, and the number of units previously obtained by the nonprofit business entity. The County Executive shall designate the nonprofit business entities approved to purchase MPDUs by Executive Order (“Designated Agencies”). (b) The Department may require Approved Government Agencies and Designated Agencies to submit reports from time to time that provide information concerning the MPDUs in the agency’s program. The Director may recommend that the County Executive suspend or terminate a Government Agency’s or a Designated Agency’s right to purchase or lease MPDUs at any time for good cause. 7.2 Notifying the Commission. (a) The notice required under Section 25A-8(a)(5) of the Code from the Department to the Commission, Government Agencies and Designated Agencies of the availability of MPDUs for purchase or rental shall be provided within 5 days of the Offering Agreement being fully executed, and the notice shall include a copy of the executed Offering Agreement. The time period provided under Section 25A-8(a) to the Commission, Government Agencies and Designated Agencies to purchase or lease MPDUs may be extended at the discretion and approval of both the Applicant and the Department. (b) Priority for purchasing or leasing MPDUs is determined by Section 25A-8(a)(7) of the Code. The Commission, Government Agencies and Designated Agencies shall submit their options to purchase or lease directly to the Applicant, with a copy to the Department, and the Applicant, with the assistance of the Commission, shall ensure that the MPDUs are purchased or leased using the priorities under Section 25A-8(a)(7). (c) After the priorities for purchasing or leasing MPDUs have been determined, the Applicant must deliver sales contracts or lease agreements to the Commission, Government Agencies and Designated Agencies, as applicable, at least 60 days prior to the estimated delivery of the MPDUs. The contracts or lease agreements must be returned to the Applicant within 30 days of receipt, but no later than 30 days before the estimated date of delivery of the MPDU. The Applicant must provide the Department with the documents required in Section 25A.00.02.06.5 or such other documents as the Department may require. (d) The Commission may assign its option to participants in its Family Self Sufficiency program, and Government Agencies and Designated Agencies may assign their option to their client households. Households that are assigned the option to purchase or lease an MPDU must meet all eligibility requirements of the Program and must have sufficient income and credit history to independently purchase or lease an MPDU. 7.3 Purchase and Rental Requirements. (a) The selection by, and limitation of, the Commission, Government Agencies and Designated Agencies of “unit type” as provided under Section 25A-8(a)(6), refers to substantial differences in available MPDUs, such as end units and interior units, the number of bedrooms in each unit, and the use of architectural compatibility materials, such as brick exteriors. (b) The Commission may purchase resale MPDUs in a particular development only if it did not previously exercise its option for its full allotment of MPDUs after receiving the notice from the Department of the availability of for sale MPDUs at the initial offering or offerings under Section 25A-8(a)(5). The Commission must not own more than 33.3 percent of the MPDUs in a particular development at any one time. (c) The Commission, Government Agencies and Designated Agencies may not own more than five (5) percent of the MPDUs in any condominium association. (d) The Commission, Government Agencies and Designated Agencies must not record additional Covenants on MPDUs, and must not lease their MPDUs to non-income-eligible households. (e) When an MPDU purchased by the Commission, a Government Agency or a Designated Agency is offered to the Department for sale, as provided in Section 25A-8(a)(8), the Commission, Government Agency or Designated Agency must provide the Department with 60 days’ advanced notice of its intention to sell the MPDU. The Department must inform the Commission, Government Agency or Designated Agency whether the Department will: (1) purchase the MPDU, (2) assign its right to purchase the MPDU to a Designated Agency or Eligible Certificate Holder, or (3) decline the right to purchase the MPDU. If the Department declines the right to purchase the MPDU, the MPDU must be sold by the Commission, Government Agency or Designated Agency to an Eligible Certificate Holder or a Designated Agency. 8.1 Requesting a Resale Price Determination. (a) For purpose of resale. An MPDU Owner who wishes to sell an MPDU during the Control Period must request a resale price determination from the Department in writing. (b) For purposes of refinancing, second mortgages and home equity lines of credit (HELOC). During the Control Period, a MPDU Owner may not refinance their MPDU for more than the approved resale price, as determined by the Department, or take out a second mortgage or a HELOC that, when combined with their first mortgage, will exceed the approved resale price, as determined by the Department. MPDU Owners wishing to refinance or take out a second mortgage or a HELOC must request a resale price determination, in writing, from the Department. Such a refinancing, second mortgage or HELOC shall not relieve the MPDU Owner of the responsibility to pay to the Housing Initiative Fund one-half of the excess proceeds at the first resale after the expiration of the Control Period, as defined in Section 25A.00.02.09.2(a). (c) Reverse mortgages on MPDUs are prohibited. 8.2 Establishing the Maximum Resale Price. The Department must calculate the maximum resale price for the MPDU according to the following factors: (a) the base is the MPDU Owner’s Purchase Price, plus an allowance equal to the rate of increase in the Consumer Price Index between the month and year of the MPDU Owner’s purchase of the MPDU and the current month and year. The Department may reduce the allowance of the increase in the Consumer Price Index for MPDU Owners who have owned their MPDU for less than three (3) years; (b) to this base, the Department will add an allowance for capital improvements, as determined by the Department, made to a MPDU after the date of purchase by the MPDU Owner. This allowance must not exceed ten (10) percent of the MPDU Owner’s Purchase Price. Improvements must be permanent in nature and clearly add to the market value of the MPDU. Normal owner maintenance, general repair work, luxury items, and decorative items or work must not be included in the resale price determination. The Department will maintain a list of eligible capital improvements; (1) the MPDU Owner must provide an itemized list of all capital improvements for which credit is requested as part of the resale price. All improvements claimed must be documented with paid receipts, contracts or other evidence supporting their value. The Department may establish standard allowances for certain capital improvements, and these values may be used by the Department rather than receipts for the capital improvements submitted by the MPDU Owner; (2) where there is evidence of physical deterioration, abnormal wear and tear, or obsolescence because of neglect, abuse, or insufficient maintenance, the value allowed for the capital improvements may be reduced to account for the depreciation of the capital improvements. If the MPDU is in sub-par condition, no allowance for capital improvements will be granted; (c) upon the Department’s request, the MPDU Owner must permit a Department representative to inspect the MPDU to verify the existence and value of any capital improvements that are being claimed by the MPDU Owner; (d) the actual brokerage fee paid by the MPDU Owner not to exceed six (6) percent, or as determined by Executive Order, may be added to the MPDU resale price if the MPDU Owner uses a licensed realtor under an arms-length contract to sell the MPDU; and (e) resale MPDUs not purchased by the Department, its designee, or the Commission must be actively marketed to Eligible Certificate Holders on the Department’s website. Failure by the MPDU Owner to accept a bona-fide offer may be justification for the Department’s extending the Priority Marketing Period. 8.3 Resale Procedures. (a) The Department or the Commission has the right to purchase any resale MPDU during the first 60 days following the MPDU Owner’s notification to the Department. The County may assign its right to purchase the MPDU to a Designated Agency or to an Eligible Certificate Holder. (b) The Department must notify the MPDU Owner of the approved resale price within 21 days of receiving a request for a resale price determination containing all of the information required by the Department to determine the approved resale price. (c) The Department must notify the MPDU Owner within the 60-day period whether or not the Department intends to purchase the MPDU, and of any other conditions of the sale. If the MPDU is not purchased by the Department or the Commission, the Department must notify the MPDU Owner whether the MPDU must be sold by Random Selection Drawing following the procedures in Section 25A.00.02.06.2 of this regulation, or by some other method. (d) If the resale MPDU is purchased by the Department or the Commission, the Department or the Commission may retain the MPDU or make it available to Eligible Certificate Holders through a Random Selection Drawing or other means as may be approved by the Department. (e) When the MPDU is sold, the required documents listed in Section 25A.00.02.06.5(a) of this regulation must be executed and sent to the Department. (f) The MPDU may be offered to non-income-eligible households at the approved maximum resale price only after the 60-day Priority Marketing Period to the Department, the Commission, and all Eligible Certificate Holders has expired, unless the Director reduces the Priority Marketing Period for good cause. The MPDU Owner must not offer the MPDU to non-eligible households unless the Priority Marketing Period has ended, the Random Selection Drawing list of all Eligible Certificate Holders has been exhausted, and a written notice has been obtained from the Department authorizing sale to non-eligible households. The Priority Marketing Period is automatically extended until the Department determines that no additional Eligible Households are available to purchase the MPDU. (g) During the Control Period, if the Department determines that the design of the MPDU offered for resale would no longer comply with requirements for construction of a new MPDU, or that the allowable resale price and fees associated with a multi-family condominium offered for resale would result in a monthly payment that is estimated to be at least 20 percent more than would be affordable to the maximum size MPDU household, the Director may permit the MPDU Owner to sell the MPDU in accordance with the resale provisions of Section 25A-9(d) of the MPH Law and Section 25A.00.02.09 of this regulation. The Department will determine the affordability of the MPDU to Eligible Certificate Holders as provided in Section 25A.00.02.05.3 of this regulation. 9.1 MPDU Owner’s Notification to the Department. For the first sale of an MPDU after the expiration of the Control Period, the MPDU Owner must provide the following information to the Department at least 30 days prior to settlement: (a) a copy of the signed sales contract which clearly states the agreed upon Purchase Price; (b) a copy of the real estate broker’s listing agreement; (c) an itemized list of capital improvements made by the current MPDU Owner including actual or estimated value of the improvements with documentation of the value in a form acceptable to the Department; and (d) the name and contact information for the settlement agent. 9.2 Payment of Excess Proceeds to the Housing Initiative Fund. For the first resale of an MPDU which was originally offered for sale or rent after March 20, 1989, and for which the Control Period has expired, the MPDU Owner must pay to the Housing Initiative Fund one-half of the excess proceeds. (a) Excess proceeds are defined as the amount by which a bona fide resale price exceeds the sum of the following: (1) the MPDU Owner’s Purchase Price; (2) an allowance for the increase in the cost of living as determined by the Consumer Price Index from the date of the MPDU Owner’s purchase of the MPDU to the date of settlement; (3) an allowance for capital improvements, as determined by the Department, made to an MPDU subsequent to the date of the MPDU Owner’s purchase of the MPDU; and (4) the actual brokerage fee at the average prevailing commission rates if a licensed realtor under an arms-length contract to sell the MPDU is used; however, the commission must not exceed six (6) percent of the sales price. (b) The Department must notify the MPDU Owner of the calculation of the excess proceeds, which is the amount that must be paid to the Housing Initiative Fund within 21 days of receiving complete information from the MPDU Owner. (c) The required portion of the excess proceeds must be collected at the time of settlement. The MPDU Owner is responsible for ensuring that the payment is made to the Housing Initiative Fund in accordance with this regulation. A copy of the final settlement sheet for the transfer of ownership must be sent to the Department within 14 days of the date of settlement on the transfer of the MPDU. The Department must release the MPDU Covenants and liens recorded in the land records after the County has received the required payment to the Housing Initiative Fund and the settlement documents. (d) Failure of the MPDU Owner to notify the Department of a sale, obtain a determination of excess proceeds, and pay the required portions of the excess proceeds to the Housing Initiative Fund constitutes a default under the MPDU Covenants, this regulation, and Chapter 25A. 9.3 Divorce. If one MPDU Owner buys out the other owner’s interest in the MPDU as part of a divorce settlement, without selling the MPDU on the open market, then such a transfer does not constitute the first sale of the MPDU and does not relieve the remaining MPDU Owner of the obligation to pay the required portion of the excess proceeds to the Housing Initiative Fund. A mortgagee or other secured party who has initiated foreclosure proceedings on a debt secured by a mortgage or deed of trust on a MPDU must notify the Department in writing at least 30 days prior to the date of the foreclosure sale. If the MPDU is a rental unit, the resale price must be calculated as provided in Section 25A.00.02.05.3 of this regulation. The Department and DPS are responsible for enforcing the provisions of Chapter 25A. Complying with Chapter 25A and an approved MPDU Agreement to Build is the responsibility of the Applicant; revisions or amendments must be requested as soon as the Applicant recognizes that meeting the terms of an approved MPDU Agreement to Build may not be feasible. The Director of DPS is authorized by law to deny, suspend, or revoke any building or occupancy permit for a violation of Chapter 25A. Such action must be taken by DPS upon receiving a written request from the Department or the agency finding non-compliance to exist. After issuance of building permits for a subdivision has been halted or existing building or occupancy permits suspended or revoked, issuance of permits by DPS may not be resumed until both the Department and DPS are satisfied that the Applicant is in compliance with the terms of Chapter 25A and the construction schedule included in the approved Agreement to Build. An occupancy permit must not be issued for any unit in a subdivision when the subdivision does not comply with Chapter 25A or this Executive Regulation. The Director may waive in writing any requirement of this regulation for good cause upon consideration of a request submitted by an affected party.

INDEX 25B.24.01.01 Definitions 25B.24.01.02 Eligibility for Purchasing or Renting WFH Units and Occupancy Requirements 2.1 Rental Certification 2.2 Purchaser Certification 2.3 Requirements for Eligibility - Income 2.4 Special Income Exception for Conversion or Rental WFH Units to Condominiums 2.5 Eligibility for Purchase - Restrictions on Ownership of MPDUs 2.6 Eligibility for Purchase - Asset limit 2.7 Primary Residence Requirement for WFH Units 25B.24.01.03 Requirement to Provide WFH Units 3.1 Requirements of the Agreement to Build WFH Units 3.2 Housing Programs Which Satisfy the WFH Unit Requirement 25B.24.01.04 Alternative Compliance Measures for Providing WFH Units 4.1 Requesting Alternative Compliance Measures 4.2 Approval to Provide WFH Units at an Alternative Location in the Same Planning Policy Area 25B.24.01.05 Establishing Initial Sale and Rental Prices 5.1 Maximum Allowable Sales Prices of WFH Units 5.2 Maximum Rental Rates for WFH Units 5.3 Rental WFH Units Sold as For Sale WFH Units 25B.24.01.06 Sale and Rental Procedures 6.1 Offering WFH Units for Sale or Rent 6.2 Random Selection Process for WFH Unit Purchasers 6.3 Offering WFH Units for Rent 6.4 WFH Unit Covenants 6.5 Sales and Rental Documentation 25B.24.01.07 Procedures for Purchase and Rental of WFH Units by Commission 7.1 Notifying the Commission 7.2 Purchase Requirements 25B.24.01.08 Resale of WFH Units During the Control Period 8.1 Requesting a Resale Price Determination 8.2 Establishing the Maximum Resale Price and the Amount Returned to the Seller at Resale 8.3 Resale Procedures 25B.24.01.09 Resale of WFH Units After the Control Period 9.1 Seller’s Notification to the Department and the Commission 9.2 The Department’s and the Commission’s Right to Purchase WFH Units with Expired Covenants 9.3 Payment of Excess Proceeds to Housing Initiative Fund 9.4 Divorce 25B.24.01.10 Sale of WFH Unit by Foreclosure 25B.24.01.11 Enforcement

This executive regulation is authorized by Montgomery County Code: Section 26-22, "Housing and Building Maintenance Standards" and applies to all rental multiple dwellings and dwelling units. (a) Approval finality. The security measure requirements contained in section 26-10A are administered by the Director of the Department of Housing and Community Development who is the final authority in all matters pertaining to the approval or disapproval of a security measure. (b) Dependency conditions. An approval may be made dependent on other acts, such as but not limited to, operation of a television monitoring system, maintaining doors of adequate strength, or restrictions on the number of people with access to a master key. The following words or phrases are defined as follows for use in this regulation: Cane bolts mean a metal bolt, ½ inch in diameter by 12 inches long, which slides vertically at least 5/8 of an inch into a receptacle securely attached to the frame of a door or window. Charlie bar means a metal or wooden bar used on sliding glass windows and doors and mounted on the inside of the dwelling unit on the vertical member of the inner sliding door or window, engaging the jamb or frame, and exerting pressure at both ends. Cylinder means the part of a lock case containing the keyway and pin tumbler mechanism which engages and disengages the lock. Cylinder guard means a protection devise, constructed of steel or similar hard metal, beveled or free spinning to present no grippable surface, and surrounding any exposed portion of the lock cylinder. Deadbolt lock, horizontal means a deadbolt lock which moves horizontally into the strike or receiver plate. Deadbolt lock, vertical means a rim mounted lock with multiple bolts which move vertically to interlock with the strike. Key control log means a central record of all assignments, temporary loans, or other possessions of any master keys. Pin means a hard metal rod, having a diameter and head equivalent to that of a 3d nail. Tack lock means a key operated device securely attached to either the fixed track or the moveable portion of a sliding door or window, which, when engaged resists the forcible sliding or lifting of the door or window from its secure position in the frame. Viewer means an optical device inserted through the thickness of a door, and providing a person on the inside of the door with a wide angle of vision of the area on the outside of the door. Security measures required by section 26-10A include both a sequence of actions, such as key control, and specific devices, such as charlie bars, track locks, window pins, viewers, and cane bolts. Security measures provided or installed under this section must meet the following standards: (a) Key control. When a lode is altered to prevent the use of a master or duplicate key, the pin setting must be changed or the cylinder replaced with one that cannot be operated by the master or duplicate key. (b) Alteration. Whenever a lock is altered it must be made operable and a new key provided immediately. (c) Logging. When a master key which is normally in the personal possession of the owner, property or resident manager, engineer, maintenance worker, or other staff member is given or temporarily loaned to someone else, that person must record the name of the person who was given possession of the key and the date and time given and returned in a key control log. (d) Loans. A master key must not be assigned, given, or temporarily loaned to someone else unless the owner or operator has determined that such transfer is essential to the proper operation or maintenance of the building. (e) Securing of. Any spare master key and any duplicate keys must be secured in a locked cabinet, safe, wall mounted key case, or similar secured container which is not easily removed from the premise. (f) Tenant key. Every owner must issue or provide the tenant with at least 1 key to all door and window locks. (g) Deadbolt locks. The deadbolt locks required by Sec. l0A(b) must be of the vertical bolt type or, have a 1 inch bolt if of the horizontal bolt type, and have a cylinder guard. (h) Sliding doors. The sliding, door panel of every sliding door must be secured in place against removal when locked, by the manufacturer's lock and by an additional device that secures the door or window within its frame. Such additional device may include: (1) A Charlie bar, (2) A permanently attached track lock, or (3) Removable pins. Each pin must be installed in a level or downward sloping hole drilled through the inner frame of the window of sliding glass door and into, but not completely through, the frame of another window or sliding door. The head of each pin must protrude from the surface so that it can be gripped and removed without tools. (i) Double, french, or paired exterior doors. All double, french, or paired exterior doors must be equipped with: (1) A vertical deadbolt lock, affixed to both doors, and (2) Either cane bolts or concealed header and threshold bolts located at the top and bottom of one such door. (3) A horizontal deadbolt lock attached to both doors may be used when concealed header and threshold bolts are used on one such door. (j) Door hinges. Hinges attached to any entrance or exit door to rental dwelling units must be installed with the hingepin facing the inside of the premise, or be protected in any other manner so as to prevent removal of the door from outside the premise. (k) Viewers. All viewers installed after April 16, 1982 as original equipment or as replacement must provide at least a 160° field of vision. Existing viewers with a narrower field of vision will be accepted until the door or viewer is replaced. (l) Window locks. (1) Every double-hung window must have a manually operable latch and 2 removable pins, each pin located at opposite sides of the window. (2) Every single-hung window must closely fit its frame and contain a manually operable latch which secures the window. (A) If such window is equipped with a crank, then the crank must work properly and secure the window firmly when closed. (3) All sliding windows must meet the requirements applicable to sliding doors. Each part of this regulation is severable in that if any provision, clause, sentence, section, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such determination does not affect or impair any remaining part of this regulation or its application to other person or circumstance.

This Executive Regulation is authorized by Montgomery County Code: Section 26-22, "Housing and Building Maintenance Standards" and applies to all rental multiple dwellings and dwelling units. (a) Approval finality. The housing standards for accessory apartments contained in Chapter 26 are administered by the Director of the Department of Housing and Community Development who is the final authority in all matters pertaining to the approval or disapproval of an accessory apartment dwelling unit. (b) Dependency conditions. An approval may be made dependent on other laws and regulations, such as, but not limited to, the installation of a fire sprinkler system. The following words or phrases are defined as follows for use in this regulation: Accessory Apartment. A second dwelling unit that is part of an existing one-family detached dwelling, or is located in a separate existing accessory structure on the same lot as the main dwelling, with provision within the accessory apartment for cooking, eating, personal sanitation and sleeping. Such a dwelling unit is subordinate to the main dwelling. Basic equipment and facilities required by Section 26-5 must meet the following standards: (a) The kitchen sink must be suitable for food preparation and for cleaning cooking and eating implements. A small "bar" sink or a laundry tub may be used if it is located in the same work area with the stove, refrigerator and counter space. (b) A stove must include both top burners and a convector oven. A microwave oven is not a substitute. (c) Portable cooking equipment employing flame is prohibited. (d) Surfaces of sinks, tubs, showers and water closets must be of smooth, hard nonabsorbent material, free of cracks, scratches or pores that could retain water or dirt. Worn, cracked or scratched surfaces exposing a porous, absorbent structural material is prohibited. (e) Safe, unobstructed means of escape leading to safe and open space at ground level requires: (1) Every sleeping room must have at least one openable outside window or exterior door for emergency egress or rescue. The window must: o Be at least 5 square feet in net clear opening; o Be openable without the use of a tool; o Have a minimum net clear opening height of 22 inches and a minimum net clear opening width of 20 inches; and o Have the bottom of the opening not more than 44 inches above the floor. (2) A second exit path, by door or stairway, must provide a clear path of access to the outside. The minimum width for a hallway or escape access, and for a basement stairwell used as an exit path is 22 inches. (3) Bars, grilles or screens over escape windows must be releasable or removable from the inside without the use of a key, tool or excessive force. (4) Window well dimensions for an escape window must be: o At least 36 inches from the wall of the house along all points of the back wall of the well; o At least the greater of 36 inches or the width of the opening in the foundation wall; o No deeper than 44 inches unless at least one wall is a graduated and climbable slope or steps for escape and access; and o The top of the walls of the window well must not be higher than the dwelling unit ceiling. (5) Sleeping rooms must not be used as the only means of access to other sleeping rooms or habitable space. (6) No stove or combustion heater may be located so as to block escape in case of fire arising from a malfunction of the stove or heater. Exit stairs must not be located over a furnace. Light, ventilation, electricity and heating requirements of Section 26-6 include the following: (a) The glazed area of the required windows, skylights, monitors, glazed doors, transoms, glass block panels or other light transmitting media open to the sky or to a public street, yard or court may be omitted where artificial light is provided by installed ceiling or wall fixtures capable of producing an average illumination of 6 foot candles (or equivalent of a 60 watt bulb) over the area of the room at a height of 30 inches above the floor level. (See also Sec. 26-6(d)(1) requirement for 3 watts per square foot). (b) The glazed areas need not be openable where mechanical ventilation is provided capable of producing a change of air every 30 minutes and the opening is not required for escape. (c) Proper installation of electric service, outlets and fixtures includes: (1) In kitchens and dining areas a receptacle outlet must be installed at each counter space wider than 12 inches. (2) At each outdoor entrance to the apartment an exterior light fixture must be installed capable of providing adequate light for arty step or stair and, if needed, any path leading to the entrance. (d) Proper installation of heating facilities and maintenance of those facilities in safe and good working condition includes: (1) Every chimney must be properly installed and maintained in safe and good working condition. (2) Every central heating unit or central hot water heating unit that employs a flame must be connected to a flue or vent. (3) Fireplaces are included in the space heating unit category. (4) Wood stoves must be stable. (5) Metal surfaces must be protected from the elements and against decay. Requirements of Section 26-8 for assurance of safe and sanitary maintenance includes: (a) An accessory apartment for rental use must be fully separated, as a subordinate dwelling unit, from the main dwelling unit. Walls and lockable doors in doorways must afford privacy. All water closets and bathrooms require walls and a door that affords privacy. (b) Floors and walls of shower and bath areas must be finished with a smooth, hard, nonporous, and nonabsorbent surface to a height of not less than 6 feet above the floor. (c) Every inside or outside stair of 3 or more risers must have a handrail on at least one side. The maximum and minimum heights of the handrail are 34 inches and 30 inches respectively, measured vertically from the nosing of the treads. Open sides of stairs must be protected. Handrails and guardrails on open sides of stairways must have intermediate rails or ornamental closures which will not allow passage of an object 6 or more inches in diameter. (d) Porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below must have guardrails not less than 36 inches in height. The space, use and location requirements of Section 26-9 include: (a) In habitable rooms other than kitchens, beams spaced at least 4 feet on center may project to 6 inches below the minimum ceiling height. (b) In basements, furred ceilings under primary structural beams, mechanical ducts, and plumbing pipes may have a height not less than 6 feet and 8 inches. Each part of this regulation is severable in that if any provision, clause, sentence, section, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such determination does not affect or impair any remaining part of this regulation or its application to other person or circumstance.

Vacant Dwellings must meet the standards set forth in Chapter 26 of the Montgomery County Code. During an inspection of a Vacant Dwelling, the Department conducts a visual assessment for compliance with Chapter 26. Any violation of these standards is considered non-compliance, and any violation that remains uncorrected after notice and an opportunity to correct has been provided to the Owner shall result in the Vacant Dwelling being designated as an Unmaintained Vacant Dwelling. This regulation sets forth additional guidance and details regarding the designation of an Unmaintained Vacant Dwelling, sets the fees associated with inspections of such Dwellings, and provides additional guidance on the appeals process under Chapter 26, Article III. Unless defined below, all terms herein have the same meaning as those in Chapter 26 of the Code. (a) Initial Inspection for the purposes of this regulation, means the inspection of a Vacant Dwelling conducted by the Department to assess an Owner’s compliance with a previously issued notice of violation of Chapter 26. The results of the Initial Inspection shall be used as the basis of the Director’s determination about whether to designate a Vacant Dwelling unit as an Unmaintained Vacant Dwelling; and, the date of the Initial Inspection shall be the date used to calculate the assessment of any inspection fees. (b) Subsequent Inspection means any inspection of an Unmaintained Vacant Dwelling conducted after the Initial Inspection, including a second inspection, third inspection, fourth inspection, and so forth, that is required to assess a Vacant Dwelling’s compliance with Chapter 26, and to ensure that the Vacant Dwelling remains secured against casual entry. (a) The Director may designate a Vacant Dwelling as an Unmaintained Vacant Dwelling following a notice of violation issued under Section 26-12 if an Owner fails to take the remedial action required, and within the timeframe specified, in the notice of violation. (b) Upon the Director’s determination that a Vacant Dwelling is an Unmaintained Vacant Dwelling, the Director shall provide notice to the Owner within 30 days of the Director’s determination. This notice shall also advise the Owner of the Owner’s right to appeal the designation of the Owner’s property as an Unmaintained Vacant Dwelling within 10 days of the date of the Director’s notice. The Director’s notice shall also provide information on the appeal process for challenging the Director’s designation. (c) The Director shall designate as an Unmaintained Vacant Dwelling: (1) Any Vacant Dwelling with current violations of Chapter 26 that have not been corrected by the Owner in accordance with the notice of violation issued under Section 26-12; (2) Any Vacant Dwelling for which the Department has had to take more than one enforcement action due to the Owner’s failure to correct violations enumerated in a notice of violation issued under Section 26-12; or (3) Any Dwelling Unit condemned as unfit for human habitation under Section 26-13. (d) Inspection frequency. The Department must inspect an Unmaintained Vacant Dwelling at least once in each twelve-month period to assess the Unmaintained Vacant Dwelling Unit’s compliance with Chapter 26, and to ensure that the property remains secured against casual entry, if applicable. In addition to inspections initiated in response to specific complaints received by the Department regarding an Unmaintained Vacant Dwelling, the Department may conduct more frequent inspections based upon reasonable assumptions and pertinent factors that indicate that more frequent inspections are warranted. Such factors include, but are not limited to: (1) A demonstrated history that vegetation on the property is not maintained during the growing season, resulting in enforcement actions by the Department; (2) A demonstrated history of vermin infestation, and/or the accumulation of Garbage and Rubbish at the site; (3) Acts of vandalism against the Unmaintained Vacant Dwelling, or against other Dwellings in the vicinity; (4) Unauthorized forced entry into the Unmaintained Vacant Dwelling, or unauthorized forced entry into other Dwellings in the vicinity; (5) Localized severe weather events or natural disasters resulting in property damage to Dwellings in the County; and, (6) Existing violations of a type and severity that the Unmaintained Vacant Dwelling has been declared a Public Nuisance, with the likelihood that the existing violations will worsen or new violations will occur, due to the Owner’s failure to repair and maintain the Unmaintained Vacant Dwelling. (e) Nothing in this regulation prohibits the Department from citing the Owner of an Unmaintained Vacant Dwelling for additional violations of Chapter 26 based upon the results of a Subsequent Inspection. (a) The Department shall charge an inspection fee for each Subsequent Inspection of an Unmaintained Vacant Dwelling; inspection fees for Subsequent Inspections will be charged according to the following fee schedule: Inspection | Fee (b) Subsequent Inspections and the associated inspection fees shall be calculated from the date of the Initial Inspection. (c) The inspection designation and fee schedule shall be re-initiated upon legal transfer of ownership of the Dwelling. (d) The Department may take legal action to collect inspection fees assessed under this regulation, including the right to levy a lien on the Unmaintained Vacant Property and collect the lien in the same manner as taxes are collected. (a) An Owner appealing the designation of the Owner’s property as an Unmaintained Vacant Dwelling under Section 26-25 must do so on a form prescribed by the Department, and must provide documentation required by the Department, in order for the Director to reconsider the designation as an Unmaintained Vacant Dwelling. Required documentation includes, but is not limited to: (1) For an exemption under Section 26-21(a)(1) through (3), the property tax identification number for the Dwelling and the liber and folio of the deed recorded among the land records of Montgomery County showing that ownership is vested in an eligible entity; or for a Dwelling for which documentation of a recent legal transfer of ownership has not yet been recorded among the land records, a copy of the executed deed. (2) For an exemption under Section 26-21(b), the property tax identification number(s) and a copy of the legally valid permit(s) issued by the County; (3) For an exemption under Section 26-21(c) or Section 26-23(a)(3), the court docket number or case number indicating the date the case was filed with a court of competent jurisdiction and the name, address and telephone number of the administrator or trustee, as applicable; (4) For an exemption under Section 26-23(a)(1), a copy of the real estate listing, broker contract and any other advertisements related to the sale or leasing of the Dwelling, and, for rental properties, a copy of a valid certificate of occupancy if required by the Department of Permitting Services; (5) For an exemption under Section 26-23(a)(2), the case number or other unique identifier of the development application before the appropriate agency and the name, address and telephone number of the attorney representing the Owner; (b) For a claim that the Dwelling was improperly designated as a Vacant Dwelling as defined under Chapter 26, the Owner must permit the Department to inspect the Dwelling to verify occupancy and compliance with Chapter 26. (c) In the case of a successful appeal of the Director’s designation, any inspection fees assessed under this regulation shall be removed from the Owner’s tax bill, or if the inspection fees have been paid, they will be refunded to the Owner. (d) An Owner whose appeal of the Director’s designation under these regulations is successful must continue to maintain the Dwelling in compliance with Chapter 26. (a) At the Director’s sole discretion, any inspection fee authorized under this regulation may be held in abeyance (“fee suspension”) if the Owner demonstrates to the Director’s satisfaction, that the Owner’s failure to correct a violation is due to temporary factors beyond the Owner’s control. In such case, the Director shall establish a reasonable period for the Owner to comply with Chapter 26. If, after that reasonable period, the Owner is still not in compliance, the inspection fee will be assessed. Examples of factors beyond the control of the Owner include, but are not limited to, material or supplies to correct the violation(s) are on back-order, or repairs cannot be made due to seasonal conditions. (b) For a fee suspension to be granted, the Director must determine that the Owner is making a good faith effort to correct violations, as demonstrated by at least fifty percent (50%) of the violations identified during the Initial Inspection being corrected during the period provided in the notice of violation issued under 26-12. (c) For a fee suspension to be granted, the Owner must provide documentation, acceptable to the Director, substantiating the reason for the Owner’s delay in correcting violations, documenting the Owner’s good faith efforts since the Initial Inspection to correct all violations, including but not limited to, providing the Director executed contracts for services and labor and invoices for materials and supplies, and providing the Director with a good faith plan, including a reasonable timeframe, to correct all remaining violations by a date certain. (d) An Owner’s failure to comply with the requirements of this Section 26.00.03.06 may result in the Department issuing civil citations in addition to assessing inspection fees.

1.1 Appeal: An appeal from the Director’s No Reasonable Grounds Determination. 1.2 Case Review Board: A board composed of three Commissioners appointed by the Commission to consider and decide a complaint and an appeal. 1.3 Code: The Montgomery County Code. 1.4 Commission: The Human Rights Commission established by the statute. 1.5 Commission File: Documents and materials gathered by the Director and staff of the Office of Human Rights during their investigation of a complaint. 1.6 Complainant: The person who files a complaint alleging a violation of the statute. 1.7 Determination Letter: A letter from the Director, addressed to the complainant and respondent, that informs the parties of the results of the Office of Human Right’s investigation and the Director’s conclusions regarding whether there are reasonable grounds to believe that a violation of the statute occurred. 1.8 Director: The Executive Director of the Commission and the head of the Office of Human Rights. 1.9 Discovery: Investigative tools under the statute, including subpoenas, interrogatories, requests for production of documents, depositions, and fact-finding conferences. 1.10 Hearing: A de novo evidentiary hearing conducted to determine whether a violation of the statute did in fact occur. 1.11 Hearing Examiner: A person designated by a Case Review Board to conduct a hearing. 1.12 No Reasonable Grounds Determination: The conclusion of the Director that there are no reasonable grounds to believe that a violation of the statute occurred. 1.13 Reasonable Grounds Determination: The conclusion of the Director that there are reasonable grounds to believe that a violation of the statute occurred. 1.14 Respondent: The person against whom a complaint is filed. 1.15 Statute: Chapter 27 of the Code. 2.1 All complaints filed with the Office of Human Rights must be sworn to or affirmed under the penalties of perjury before a notary public. 2.2 A party may amend his or her complaint or answer as a matter of right at any time before the Director certifies the complaint to the Commission, and at the discretion of a Case Review Board or hearing examiner thereafter. The Director, Case Review Board or hearing examiner must immediately send notice of any amendment to all parties to the proceeding. 3.1 No Reasonable Grounds Determinations (Appeals). The Commission must appoint a Case Review Board to consider and decide an appeal by a complainant from the Director’s No Reasonable Grounds Determination. 3.1.1 Each member of a Case Review Board appointed under section 3.1 must serve for a term of six months (initially staggered) or until the Commission has appointed a successor. However, the Commission may in its discretion designate a term of more or less than six months. Each member of a Case Review Board appointed under Section 3.1 shall serve until a submitted appeal has been decided. 3.2 Reasonable Grounds Determinations (Hearings). The Commission must appoint a Case Review Board to consider and decide a complaint whenever the Director certifies to the Commission that the Director has issued a Reasonable Grounds Determination and was unable to conciliate the complaint. 3.2.1 Each member of a Case Review Board appointed under section 3.2 shall serve until the complaint is resolved. 3.3 If any member of a Case Review Board resigns from the Board, the Commission must appoint a successor member who shall serve the balance of the resigned member’s term. If any member of a Case Review Board is unable to serve with respect to a particular appeal or complaint (e.g., because of a conflict of interest), the Commission must appoint another Commissioner to consider the appeal or complaint in lieu of the member who is unable to serve. 3.4 The Commission must designate one member of each Case Review Board as Chairperson. Commissioners may serve on more than one Case Review Board simultaneously. The Commission may reappoint a Commissioner to a Case Review Board. 4.1 If the Director makes a No Reasonable Grounds Determination, the Director must send a determination letter to the complainant and the respondent along with a copy of these Regulations. The determination letter must state the steps, including deadlines, required to appeal the determination. 4.2 If the complainant desires to appeal the Director’s No Reasonable Grounds Determination, the complainant must file a written notice of appeal with the Director within 30 days after the Director sends the complainant the determination letter. Upon receipt of the complainant’s notice of appeal, the Director must certify the complaint to the Commission and the Commission must assign the complaint to a Case Review Board to consider the appeal. The Director must also send a copy of the complainant’s notice of appeal to the respondent, and must send written notification to both parties that the Director has certified the complaint to the Commission. 4.2.1 Any party that desires to review the commission file when an appeal has been filed must contact the Office of Human Rights and arrange for a mutually convenient time. However, any examination of the commission file by a party must take place within 20 days after the Director sends that party notice that the Director has certified the complaint to the Commission. 4.2.2 All examinations of the commission file must take place at the Office of Human Rights on a regular business day between 9:00 a.m. and 5:00 p.m. A staff member of the Office of Human Rights, or an intern or volunteer approved by the Director, may be present when a party examines the commission file. 4.2.3 Before being provided access to the commission file, the complainant, respondent and any legal representatives of the parties, must sign confidentiality agreements in which they promise, under penalty of law, that all information or documents they derive from the commission file will be kept strictly confidential. This paragraph does not limit a party’s right to use the information and documents in connection with the appeal. The confidentiality agreement must expire if the Case Review Board sets the matter for hearing, unless the Case Review Board grants a private hearing. 4.2.4 All portions of the commission file that would be available to a party under Article I of Chapter 2A of the Code must be made available to the parties when they review the commission file. However, any investigatory materials that the Director determines are privileged or confidential and would not be used at a hearing must not be included in the commission file available for examination by the parties. 4.2.5 Each party must reimburse the Office of Human Rights for the reasonable cost of copying any materials from the commission file. The price for copies will be set by the Office of Human Rights. 4.3 If the complainant has filed a timely notice of an appeal, the complainant is advised to submit a written statement in support of the appeal to the Office of Human Rights. Any such written statement in support of the appeal must be postmarked within 40 days after the later of (a) the date the Director sends the complainant notice that he or she has certified the complaint to the Commission, or (b) the date the complainant reviewed the commission file. The complainant must submit six copies of the statement to the Office of Human Rights. 4.3.1 In order to assist the Case Review Board’s consideration of the appeal, the complainant’s written statement in support of the appeal, if any is submitted, should include the following: A statement of the facts that support the complainant’s conclusion that the Director’s determination that there are no reasonable grounds to believe that discrimination occurred was incorrectly decided. Any legal arguments that support the complainant’s conclusion that the Director’s determination is inconsistent with applicable law and an explanation of why the authorities cited support the complainant’s conclusion. If the complainant is relying upon “new evidence,” the new evidence should be described and an explanation should be given as to why this new evidence was unavailable to the complainant and the Office of Human Rights at the time the Director investigated the complaint. 4.4 If a complainant files a written statement in support of the appeal pursuant to Section 4.3 above, within 20 days after receiving a copy of the complainant’s statement, the respondent may file six copies of a response to the complainant’s written statement with the Office of Human Rights. 4.5 If a complainant files a written statement in support of the appeal pursuant to Section 4.3 above, within 20 days after receiving a copy of the complainant’s statement, the Office of Human Rights may file six copies of its own response. 4.6 All submissions must be in writing and should be typewritten. Handwritten submissions will be accepted, but if handwritten, the handwriting must be legible. Upon receipt of each written statement referred to in Sections 4.3, 4.4 and 4.5, the Office of Human Rights must immediately place one copy of the written statement in the commission file, and must immediately send a copy of the statement to each member of the Case Review Board, the complainant, the respondent and the Director. However, the Office of Human Rights may, at its discretion, defer sending the members of the Case Review Board copies of the submissions until all submissions have been received or the time to submit them has passed. 4.7 Upon written request and for good cause shown, the Case Review Board may extend the deadlines specified in these Regulations. However, the Case Review Board may not extend the time for filing a written notice of appeal established in Section 4.2. 4.8 A case Review Board may consider an appeal: (a) at a meeting attended in person by a majority of the members of the Case Review Board; (b) by means of telephonic or electronic communication; or (c) by written communication. 4.9 A Case Review Board must render a decision within 45 days after it receives the written submissions of the parties. However, a Case Review Board may on its own motion extend the time for issuing a decision upon written notification to all parties. 4.10 In considering an appeal, a Case Review Board may, at its sole discretion: (a) review the commission file, and/or (b) schedule an oral argument; and/or (c) order the Director to investigate further. 4.10.1 If the Case Review Board orders the Director to investigate further, the investigation must respond to specific questions or areas of concern of the Case Review Board. The Director must report the results of the investigation to the parties and to the Case Review Board. The Case Review Board, at its discretion, may (a) allow the parties to file written responses to the further investigative report; and/or (b) schedule oral argument. 4.10.2 If the Case Review Board concludes that any new evidence presented in the complainant’s appeal: (a) may have had a bearing on the Director’s determination, and (b) was not known to the complainant and the Office of Human Rights at the time that the Office investigated the complaint, the Case Review Board must proceed under Section 4.10.1 of these regulations. 4.11 Upon completion of its consideration of the appeal and any further investigation if conducted pursuant to Section 4.10.1, a Case Review Board must (a) dismiss the complaint without a hearing, or (b) order that the complaint be considered and decided at a hearing in the same manner as if the Director had found reasonable grounds to believe that a violation of the statute occurred. 4.11.1 If a Case Review Board votes to dismiss the complaint without a hearing, the Case Review Board must inform the complainant and respondent of the Board’s decision to uphold the Director’s No Reasonable Grounds Determination. 4.11.2 If a Case Review Board votes to order that the complaint be considered and decided at a hearing, the Board must explain its reasons in a written opinion. 4.12 If the Case Review Board votes to dismiss the complaint, that decision will not be subject to further review by the Commission and will not be subject to appellate review in this administrative process. However, the complainant may have the right to file an original civil action against the respondent in an appropriate court of law. 5.1 If the Director, after conducting an investigation of a complaint filed with the Office of Human Rights, makes a Reasonable Grounds Determination, and if the Director is unable to conciliate the complaint as provided in the statute, the Director must certify the complaint to the Commission for a hearing. 5.2 The Commission must assign a case to a Case Review Board appointed under Section 3.2 of these Regulations whenever the Director certifies to the Commission that there is a need for a hearing pursuant to Section 5.1. The Case Review Board must refer the matter to a hearing examiner for a hearing, unless a majority of that Case Review Board votes to conduct the hearing. 5.3 A hearing before the hearing examiner or before the designated Case Review Board must be conducted according to Sections 2A-1 to 2A-11 of the Code, the statute and these Regulations. 5.4 If the hearing is conducted by a hearing examiner, the hearing examiner must forward a recommended decision to the Case Review Board. 5.5 Within 45 days after the hearing examiner has forwarded the recommended decision to the Case Review Board, either party may request that the parties be permitted to present oral argument before the Board, and either party may file a written brief with the Case Review Board urging the Board to adopt, reverse, modify or remand the hearing examiner’s recommended decision. If the Case Review Board grants the request to present oral argument, the Board must establish a schedule for oral argument. All briefs must be limited to 25 double spaced pages, except that any reply briefs must be limited to 10 double spaced pages. 5.5.1 Upon written request and for good cause shown, the Case Review Board may extend the deadlines and/or the page limitations specified in Section 5.5. 5.6 A Case Review Board must render a decision within 45 days after the last of the following occurrences: (a) receipt of the hearing examiner’s recommendation, (b) receipt of briefs if any are to be filed, or (c) oral argument, if scheduled. However, a Case Review Board may, on its own motion, extend the time for issuing a decision upon written notification to all parties. A Case Review Board may remand the hearing examiner’s recommended decision for further proceedings, or may adopt, reverse, or modify the hearing examiner’s recommended decision as its final order. 5.7 If a majority of a Case Review Board votes to conduct a hearing before the Board, rather than before a hearing examiner, the decision issued by the Board after the hearing, shall be final, and will not be subject to further review by the Commission. 5.8 Any party aggrieved by a final decision of a Case Review Board following a hearing shall have the right to seek appellate review in the Courts as provided in the statute. 6.1 A person upon whom the Director has propounded discovery must, within the time specified, respond by either filing an answer or filing an objection with the Director. 6.1.1 Any objection must specify the reasons why the Director should not require the person to answer the discovery. 6.2 If a party fails to respond to discovery within the time period specified, the Director may seek an order from the Commission to require the party to show cause within 10 days of receiving the Commission Order why the Commission should not impose sanctions against the party, such as dismissing the complaint or entering an order precluding the respondent from presenting any defense to the complaint. 6.3 If the Commission dismisses the complaint, a party may petition the Commission within 10 days of receiving the order of dismissal to vacate the order for good cause shown. If the Commission vacates the order, the Commission must send the case back to the Office of Human Rights so that the Director and the Office of Human Rights can complete the investigation of the complaint. 6.4 If the Commission orders a sanction precluding the Respondent from presenting any defense to the complaint, the Commission must assign the case to a Case Review Board for a hearing. If the Commission imposes other sanctions against a party, the Commission must take appropriate actions to enforce those sanctions. 7.1 These Regulations may be amended from time to time under Method 2 as provided for in Article II of Section 2A of the Code.

Hate/Violence Incident. The term hate/violence means a criminal act occurring in the geographical boundaries of Montgomery County which is directed against persons or institutions because of their race, religion, ethnic background, sexual orientation, or handicap. OHRC. The Office of the Human Relations Commission. This designates the Executive Director and staff as distinguished from the Commissioners who are appointed by the County Executive and confirmed by the Council. Partnership Board. The Partnership Board consists of seven members from the private sector appointed by the County Executive and confirmed by the Council. Partnership Fund. A County fund established to compensate victims of hate/violence for property damage. The County Government contributes $25,000 a year to the fund to the extent that funds are appropriated; in addition, the County Government will contribute $2 for every $1 of private contributions, up to an additional $30,000 a year, to the extent that funds are appropriated. Public Accommodations Panel. A quasi-judicial panel appointed by the County Executive and approved by the County Council to hear appeals and adjudicate issues related to discrimination complaints. Victim. A person, group of persons, organization, business, or place of worship which has suffered property loss or damage by an incident of hate/violence. Any person involved in a violation of the law at the time of the incident is not a victim. The Partnership Fund has been established to compensate victims of hate/violence for property damage suffered as a result of hate/violence incident. Compensation under the Fund shall be made available to victims who experience harm within the jurisdictional boundaries of the Montgomery County. Compensation under the Fund is not available to public schools or to public institutions which already have provisions to cover expenses related to property damage. The Partnership Board has been established to solicit private contributions for the Fund, to publicize the existence of the Fund, and to authorize payments from the Fund. The Board shall meet once a month and shall include an annual review of its activities in the OHRC's annual report. The HRC shall determine what acts constitute hate/violence and the OHRC may make recommendations regarding the amount of compensation to the Partnership Board. 1. The County Government must contribute $25,000 a year to the Fund to the extent that funds are appropriated; in addition, the County Government will contribute $2 for every $1 of private contributions, up to an additional $30,000 a year, to the extent that funds are appropriated. 2. The OHRC will request that the Montgomery County Division of Accounting, Department of Finance establish two budget accounts for contributions to the Fund. One account will be designated for deposits to the Fund as contributions are received; the other account will be utilized for direct payments to victims. Funds will be transferred from the deposit account to the direct payment account as the need arises. 3. The Partnership Board will forward all contributions received for the Fund to the OHRC for deposit in the appropriate account. The Partnership Board will acknowledge in writing receipt of all contributions to the Fund. The Partnership Board may spend up to 10% of the Fund to publicize the Fund and solicit private contributions. A. Notice of Hate/Violence Incident. The OHRC, through formal Memoranda of Understanding with the Montgomery County Police and the Montgomery County Division of the Maryland National Capital Park Police, receives notice within three days of a hate/violence incident within Montgomery County. The OHRC contacts the victim and obtains additional information relating to the incident. The OHRC may receive notice through direct contact with the victim or other sources within the community. B. Filing Application for Compensation. The victim of a hate/violence incident must file an application for compensation on a form provided by the OHRC. The form will describe the incident, the resulting damage, the anticipated funds needed to correct the damage, names of any witnesses to the incident, and a sworn statement that the information is correct. The application form must be received by OHRC, 164 Rollins Avenue, Rockville, Maryland 20852 within six months of the date of the incident. C. Verification of Incident and Property Damage. 1. Within thirty days of filing an application for compensation, the victim must provide copies of any available pictures of the incident and/or property damage, documentation giving evidence that the victim holds a legal interest in the property, and a copy of the insurance policy covering the property. Except in cases of financial hardship, the victim will obtain estimates to correct the damages, have the damage corrected, and provide OHRC with receipts for work completed. 2. The OHRC will investigate as necessary to obtain additional information to verify that the incident was related to the victim's race, religion, ethnic background., sexual orientation, or handicap. The OHRC will review all documentation submitted by the victim to determine the cost to repair or replace the damaged property. 3. The OHRC will provide a report to the Partnership Board outlining all information obtained to verify the incident and determine the amount of property damage. The report shall include a recommendation as to the victim's eligibility to receive funds and the amount of funds needed to repair or replace the property. 4. The Partnership Board will review the OHRC's recommendation and make a final determination as to the victim's eligibility and amount of funds to be compensated, if any. The Board will notify the OHRC and the victim of its decision in writing. 1. Upon receipt of the Partnership Board's written report, the OHRC will prepare, through the Finance Department's Division of Accounting, a direct payment to the victim of any approved funds. The Partnership Board may compensate a victim of hate/violence an amount not to exceed $2,000 for each hate/violence incident; but no more than $5,000 to any one victim within any twelve month period. 2. An award must be reduced by the amount of any payment the victim receives or is eligible to receive from any private or public source as compensation for damages that resulted from the hate/violence incident. The victim will notify the OHRC of his or her eligibility for such payments. 3. The OHRC will obtain a receipt from the victim, on a form provided by the HRC, for any monies received from the Fund. The receipt will state that the victim accepts the funds as a complete and final resolution of any claims to funds through the Partnership Fund for damages relating to the specific incident. This receipt will not prevent the victim from pursuing other legal action against the perpetrator(s) of the incident or from filing for compensation related to other hate/violence incidents. Any person who makes a false claim for compensation commits a class A violation and must reimburse the Fund for any payments received. 1. A victim may appeal the Partnership Board's determination regarding their eligibility as a victim of hate/violence or the amount of compensation to the Public Accommodations Panel of the Human Relations Commission. The victim must file such an appeal in writing within thirty days of the Partnership Board's determination. 2. The Public Accommodations Panel of the Human Relations Commission will review the OHRC's report, the Partnership Board's determination, and any additional information provided by the victim in their appeal notice. The Public Accommodations Panel will provide written notice of its determination of the appeal to the victim, the OHRC, and the Partnership Board. This regulation repeals Executive Regulation 35-87AM III. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect 30 days after approval by the County Council.

Absorption area - the land surface area established to renovate the liquid from a septic tank or sewage treatment unit by infiltration of the liquid into soil and percolation through the soil. 1. Initial Absorption area is the component of the absorption area which is established to provide the initial on-site disposal system or trench after the initial permit is issued. 2. Recovery Absorption area is that portion of the absorption area available for the future establishment of absorption trenches in the event the initial or other recovery absorption trenches have failed. 3. Total Absorption area is that surface area which is equal to the sum of the initial absorption area and all recovery absorption areas or a minimum useable surface area of 10,000 square feet, whichever is greater. Approving Authority - the County Health Officer or designee. Bedroom - any room designated as such and any other room, with closet space, which could be utilized as a private sleeping area, or any other room determined by the Approving Authority as capable of being used for sleeping purposes. Board - the Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission. Chemical Toilet - a toilet arranged to receive non-water carried human waste directly into a watertight tank containing deodorizing and liquefying chemicals. Commission - the Maryland-National Capital Park and Planning Commission. Community Sewerage System - a system whether publicly or privately owned, serving two or more individual lots for the collection and disposal of sewage and/or industrial waste including various devices for the treatment of that sewage and/or industrial waste. Community Water Supply System - a source of water and a distribution system, including treatment facilities and storage facilities, whether publicly or privately owned, servicing two or more individual lots. Contamination - the introduction into water of any substance, which may transfer infectious agents or other foreign substances (organic, inorganic, radiological, or biological), in concentrations which may constitute a health hazard or impair the usefulness of the water. County Plan - a comprehensive plan, with all amendments and revisions, for the provision of adequate water supply systems and sewage and solid waste disposal systems and solid waste acceptance facilities throughout the County to include all towns, municipal corporations and sanitary districts, issued in accordance with the Environmental Article, Title 9, Subtitle 5, Annotated Code of Maryland, 1987 and successor laws and amendments. Covenant - a legal instrument describing an interest in land which the owner grants to himself during the subdivision process to record an interest on one or more lots which serve another lot. An example is the location of an absorption area or part of an absorption area for one lot on a contiguous lot. The covenant becomes an easement upon sale of the property and is recorded on the deed for the property which is filed in the land records. See "easement" defined below. Development - the act of building structures and installing site improvements, both public and private. Developer or Subdivider - an individual, partnership, or corporation (or agent) that undertakes the subdivision of land or the activities covered by Chapter 50, Subdivision of Land, Montgomery County Code, 1984, as amended, particularly the drawing up and submission of a subdivision plat showing the layout of the land and required public improvements, including all persons involved in successive stages of the project, even though such persons may change and ownership of the land may change. Each term includes the other. District or Regional District - the Maryland-Washington Regional District, established by Article 28 of the Annotated Code of Maryland. Easement - a legal instrument describing an interest in land owned by another which entitles the holder of the easement to a specific limited use. The easement must run with the land and be included in any conveyance of the land. The easement area must be included within the dimensions and areas of the lots or parcels through which the easement may run. The easement must not be separated from the lots and parcels as in the case of a dedicated right-of-way. Easement, slope - an easement to permit the creation and maintenance of slopes necessary to stabilize construction or to stabilize lands adjacent to construction. Flood plain - that area: 1. Defined on the adopted and published official 100-year flood plain map for the watershed or, if one has not yet been adopted for that watershed; 2. Which would be inundated by storm water runoff equivalent to that which would occur on the average of once in every 100 years after full development of the watershed; or 3. Which is designated as flood plain soil in the Soil Survey, Montgomery County, Maryland as either having a flood hazard or being susceptible to flooding. Grease Interceptor - a receptacle designed to collect and retain grease and fatty substances normally found in kitchen or similar wastes and which is approved by the *Washington Suburban Sanitary Commission. *WSSC Regulation 514.3, Automatic Grease Recovery Devices - Food Handling Establishments. Ground water - water underground in a saturation zone under atmospheric pressure. Habitable Space - Any room meeting the requirements in the Building Officials Conference of America Code as approved by the Montgomery County Council for sleeping, living, cooking or dining purposes, excluding such places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces, and excluding rooms which are not heated. Holding tank - a watertight receptacle which is used for the collection and holding of sewage but does not include treatment and disposal. Improvements, public - any of the following: roads and streets, alleys, grading, road pavement, curbs and gutters, sidewalks, crosswalks and pedestrian paths, water mains, sanitary sewer lines, water supply and sewage disposal systems, storm sewer lines and drainage structures, curb returns, sidewalk and driveway entrances in right-of-way, guard rails, retaining walls, sodding, planting, monuments, and street lights. Innovative and Alternative On-Site Sewage Disposal System - an experimental system and/or innovative technology not currently described in these Regulations but described in State of Maryland Regulations or policy letters. Lot - a part of a subdivision or a parcel of land used as a building site or intended to be used as a building site, whether immediate or future, which would not be further subdivided. Lot area - the total useable area which is included within the rear, side, and front lot lines, but excluding those areas in an existing or proposed public road; areas having land slope exceeding 25 percent; areas located within the 100-year flood plain; and areas contained within easements. Lot width - the horizontal distance between the side lot lines measured at the front building restriction line or front setback line. Mound system - an on-site sewage disposal system utilizing a raised bed of sand fill with a distribution system conducted so as to distribute sewage equally over the ground surface located under the base of the mound. New construction - a new structure or building, a replacement structure, or an addition(s) or extension(s) of an existing structure. New construction does not include an addition to provide bathroom facilities for the installation of indoor plumbing for dwellings without indoor facilities. The term "new construction" is independent of whether the construction serves a current or new use and applies when designated by the Department of Environmental Protection for building permits. Non-Community Water Supply - a water system for the provision of piped water to the public for human consumption to serve a transient or non-transient population including systems for motels, restaurants, campgrounds, schools, and other establishments served by a separate water supply system. On-Site Sewage Disposal System - a sewage treatment unit, collection system, disposal area and related appurtenances all contained on the lot or parcel it serves or with respect to the disposal area only on other lots by easement as approved by the Approving Authority. On-Site Water Systems - a source of water and the components of the delivery system serving a single lot. Percolation Rate - the rate at which water moves through undisturbed soil, expressed as the number of minutes for a measured water level in a prescribed hole to drop one (1) inch. Percolation Test - a field procedure used as part of a site evaluation to determine percolation rate. Person - any institution, individual, partnership, governmental entity, public or private corporation, cooperative enterprise, or other entity. Potable Water - water which is free from impurities in amounts sufficient to cause disease or harmful physiological effects and which conforms with the State of Maryland Safe Drinking Water Standards. Plan - a drawing of a proposed subdivision containing information as required by these and other applicable County and State regulations for review by the Approving Authority. Privy - an earth or watertight pit or receptacle covered by a privy house for receiving non-water carried human body wastes. Record Plat - a completed drawing as required for recordation in the land records of Montgomery County Maryland, which contains all pertinent information required by these Regulations and the specifications of Chapter 50, Montgomery County Code 1984, as amended. Right of way - a strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other special use. The usage of the term "right-of-way" for land platting purposes will mean that every right-ofway established and shown on a record plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such other lots or parcels. Right-of-ways intended for roads, crosswalks, water mains, sanitary sewers, storm drains or other use involving maintenance by a public agency must be dedicated to public use by the maker of the plat on which such right-of-way is established. Scavenger - any person engaged in the business of cleaning and emptying septic tanks, holding tanks, privies or any other sewage disposal facility. Septic setback line - a line which indicates the required distance separation between the absorption field and any improvements. Sewage - water-carried human, domestic, and other wastes including all human and animal excreta. Sewage disposal trench - a linear excavation of variable depth in the absorption area filled with gravel or stone with a perforated or even-jointed pipe or tile inserted in the top 6 inches of gravel or stone to distribute the effluent. The pipe or tile is covered with at least 2 inches of gravel or stone. Sewage treatment unit - a device designed and constructed to receive sewage and to provide treatment to reduce organic and inorganic matter. Units include septic tanks, aerobic treatment units, or any other proved devices. 1. Septic tank - a watertight receptacle which receives the discharge of sewage from a building sewer, or part of it, and is designed and constructed to permit the settling and digestion of organic matter by an anaerobic bacterial action. 2. Aerobic unit - a watertight treatment unit which receives the discharge of sewage from a building sewer, or part of it, and is designed to digest the organic matter by the mechanical introduction of air to facilitate aerobic bacterial action. Sewer - a pipeline which carries sewage and is designed to exclude storm water, surface water, and ground water. Shared facility - a water or sewerage system which serves more than one lot or more than one user on a single lot with water or sewerage systems located on the individual lots or on parcels owned in common by the users or the controlling authority. Soil survey - the scientific inventory of soil maps, soil unit descriptions, classification in the national system, and interpretation for use, as conducted by the National Cooperative Soil Survey by the United States Department of Agriculture, Soil Conservation Service, in cooperation with the Maryland Agricultural Experiment station. Spring - a source of water issuing from the ground, rock formation, or fracture onto the land or into a body of water. Subdivision - the division of a single tract, tracts, or other parcels of land, or a part of it, into two or more lots, for the purpose, whether immediate or future, of sale or building development. Subdivision includes a change in street lines or lot lines, unless the Approving Authority determines that. the change will not adversely affect the safety and adequacy of well sites or sewage disposal areas of the subject lot or adjacent lots. Division of land for agricultural purposes into parcels of more than 3 acres, not involving any new street or easement of access, is not included within the meaning of subdivision. Water and Sewer Service Category - determines a property's eligibility to receive public water and/or sewer service and indicates the time frame for the County Government and Washington Suburban Sanitary Commission to program utility extensions to serve properties. Category 1 - area served by community system or under construction, Category 2 - extensions of existing community systems in final planning stage, Category 3 - generally service will be provided within 2 years, Category 4 - improvements or construction of community system planned for 3-6 year period, Category 5 - planned to be served in the 7-10 year period, Category 6-area where there is no planned service. Well - any hole made in the ground to explore for ground water, to obtain or monitor ground water, to inject water into any underground formation from which ground water may be produced, or to transfer heat to or from the ground or ground water if the hole: 1. Extends more than 20 feet below the surface of the ground; and 2. Is not a well for obtaining geothermal resources under Section 8-8A-01 of the Natural Resources Article, Maryland Annotated Code. Well pit - a hole or depression in the ground surrounding a casing in which all pumping and other equipment subject to freezing is emplaced. A. The requirements of this regulation apply to new on-site water supply and sewage disposal systems, replacements and additions to existing systems to include those necessitated by changes in use and expansions, and any other material change in the use of the system. B. The Approving Authority must require a connection to a community water or sewage system for new construction when a community water system or sewage system is economically and legally available* to the building to be served. *Note that in water and sewer service categories 4, 5 or 6 Health Department authorization is required before WSSC can accept requests for service. C. An on-site water supply or on-site sewage treatment and disposal system must not serve more than one building except when specifically authorized by the Approving Authority. D. Except for previously recorded lots which have been tested and approved as buildable lots and recorded prior to February 28, 1979, all on-site water systems and on-site sewage treatment and disposal systems must be situated on the property served by that system or on a contiguous lot with the approval of the Approving Authority. A contiguous lot may accept only one additional on-site sewage disposal system or part of an additional system, unless the use of more than one contiguous lot in the total absorption area is approved by the Approving Authority. The Approving Authority must be satisfied that encroachment of an absorption area on a contiguous lot or lots will not contaminate the ground water, potentially cause hydraulic mounding or excessive nitrate loading, or reduce the area necessary for initial and recovery absorption fields for the lots involved. Absorption fields or parts that are located on adjacent lots must be recorded as easements in the land records of Montgomery County, Maryland in a manner satisfactory to the Approving Authority. E. The connection of area drains, cellar drains, and roof leaders to on-site sewage treatment and disposal systems is prohibited. F. A person must not occupy, for domestic or business purposes, any dwelling, apartment house, store, or other building located beyond the reach of the public water and sewer system, which is not served by an approved water-carried on-site sewage disposal system and an approved water supply system, unless such systems are not required. G. When unfavorable hydrologic or geologic conditions may exist, the Approving Authority may require the conduct of hydrologic, geologic, or other evaluations, including drilling of test wells, before approval of a subdivision or issuance of a building permit in order to expand data on the suitability of the site for the installation of on-site water supply and sewage disposal systems. Installation of an individual on-site sewage disposal system, before issuance of a building permit on a previously approved lot, may be required if surface or subsurface problems materialize as evidenced by conditions in nearby areas. H. The Approving Authority must require wells to be drilled prior to the issuance of a building permit in order to assure availability of water supply. I. An on-site sewage treatment and disposal system is not permitted where in the opinion of the Approving Authority the system may contaminate ground water, well water supplies, surface water supplies, lakes, or in any manner constitute a threat to the public health. J. The Approving Authority may waive strict application of these regulations for hardship upon written request by a property owner or his designee provided that the public health and safety are assured. A. Prior to any new construction, reconstruction, alteration, or addition to an on-site water supply and/or an on-site sewage treatment and disposal system or any other waste handling method, a written application must be submitted to the Approving Authority for a permit to begin work. Construction must not begin before obtaining the written permit from the Approving Authority. B. The application and permit requirements of these regulations also apply to the correction of existing malfunctioning sewage or on-site water supply systems. C. A sewage system permit must be obtained when: the use of an existing building or facility changes because of an increase in the volume of waste, there is an increase in the number of bedrooms, or the composition of the waste entering the system is being changed. D. Applications for permits must be on a form required by the Approving Authority and must include at least 3 sets of complete site plans, specifications, and supporting data for the desired installations. The site plan must be to a scale of 1 inch = 30 feet, or a scale acceptable to the Approving Authority and must include as minimum information the items listed below: 1. Existing and final topographic contours at no greater than two-foot elevation intervals. The Approving Authority may permit use of larger contour intervals where conditions are judged to adequately show surface configuration. 2. Lot lines showing actual linear footage; 3. All well sites within 100 feet of any lot line. The site plan for lots created by subdivisions after February 28, 1979 must show a primary and two alternate well sites. 4. All sewage systems within 100 feet of the proposed well(s) site(s); 5. A vicinity sketch on one of the 3 site plans; 6. Buried fuel tanks; 7. Streams, reservoirs, wetlands and flood plains; 8. The sewage treatment unit and total absorption area; 9. Conventional mounds require a 2 compartment septic tank or 2 tanks in series and the location of the pump chamber and equipment, mound and total absorption area. 10. Location of percolation tests to include those for mound systems; 11. Design information for the mound to include sizing, construction, and pump chamber and equipment must be submitted with the application and the name and address of the certified installer; 12. The location and principal dimensions of the proposed building(s); 13. Utility easements, right-of-ways, or utility line locations; 14. Ingress, egress, right-of-ways, and/or driveways; 15. Road easements; and 16. Swimming pools, tennis courts, out-buildings, patios or decks, and all trees to be retained with the initial absorption area. E. A permit must not be issued unless the project is in conformance with the County Plan. F. When the Approving Authority is satisfied that the site and the proposed design are acceptable and in conformance with appropriate laws and regulations, the water supply and/or sewage disposal permits must be issued. The permit must indicate the date of expiration and becomes invalid if the authorized work is not commenced within six months of the date of issuance or is suspended or abandoned for a period of six months; provided, that the Approving Authority may, for good cause shown within either of such periods, extend a permit for an additional period not to exceed six months. G. If the Approving Authority concludes that the proposed design is inadequate or that soil, geologic, or hydrologic conditions jeopardize the safe and proper operation of the proposed installation, a permit to construct must not be issued. The Approving Authority must specify the reasons for denial. H. A permit must not be issued if the site upon which the on-site water supply and/or sewage disposal system is to be constructed has been or is being subdivided in violation of the subdivision regulations of Montgomery County, the State of Maryland, or of the Maryland-Washington Regional District within Montgomery County. A permit must not be issued if the building to be served by such sewage disposal system is to be constructed, altered, or remodeled in any way that would constitute a violation of the subdivision regulations or of any applicable zoning, building, health, fire, housing, or other laws or regulations. I. When a permit is denied, the applicant must be notified in writing within 30 days as to the reason for denial. J. Prior to the issuance of any permit for an on-site water supply and/or sewage disposal system, the applicant must pay to the county a fee in accordance with the schedule of fees established by the County Executive pursuant to Section 27A-5, title "Permits," of the Montgomery County Code 1984, as amended. K. Permits for privies and holding tanks may be issued only in accordance with 27A.00.01.09 of these regulations. L. The following criteria will be applied when reviewing building permit applications for improvements to or replacement of existing structures: 1. Major additions of three bedrooms or more or to inside living quarters constituting 50 percent or more of the habitable square footage of the existing structure require that current regulations must be met to include confirmation of an absorption field of not less than 10,000 square feet of useable absorption area to provide for an initial and two replacement absorption trenches. Additional sewage treatment and/or disposal system may have to be added to the existing system to adequately service the proposed addition, and the location of the septic tank confirmed by uncovering it. All septic tanks must be accurately located if the addition requires extension of the foundation or pier footing. 2. Approval of an addition of two bedrooms or less than 50 percent but more than 25 percent of the habitable square footage of the existing living quarters of the structure will depend on one of the following: a. The existence of a previous permit that indicates adequate initial and recovery absorption areas, accurate location of the septic tank and satisfactory percolation tests. Further testing and proof of adequate absorption area may be required prior to approval of the addition when the Approving Authority determines the information on the permit does not provide a basis for approval, e.g. questionable percolation rates, poor soils, lack of water table information, problems with well water quality in the general area, or other reason that raises an issue of possible ground water contamination. b. In the absence of an approved permit on file, satisfactory water table and percolation tests, location and approval of existing septic tank, inspection of absorption area for evidence of failure, and the confirmation of an initial and two recovery absorption areas are required. 3. An addition of not more than one bedroom or less than 25 percent of the habitable square footage of the existing structure not involving encroachment on the sewage disposal reserve area may be approved if an approved permit for the existing system is on file or may require testing if there are questions about adequacy of the system and possible ground water contamination. 4. Reconstruction of a failed system must attempt to meet current standards. The Approving Authority must approve the best system that can be provided without endangering the public health. 5. Systems for replacement of occupied housing which are condemned for human occupancy or destroyed by fire or similar disaster must attempt to meet current standards. 6. When a dwelling which was destroyed by fire or condemned for human habitation is to be replaced on a different lot all requirements of these regulations pertaining to new dwellings must be met. 7. Guest house, bedroom or other habitable space in separate and detached buildings require separate on-site sewage disposal and on-site water supply systems. 8. Pool houses (changing room, showers, toilet, lavatory) may be connected to an existing system if the system meets standards for the dwelling, or it may need to be served by its own system of one initial and two recovery areas as determined by the Approving Authority if bedrooms or rooms that could serve as bedroom and kitchen facilities are involved. M. In the Rural Density Transfer (RDT) Zone the following criteria must be applied for reviewing building permit applications for improvements to existing dwellings: 1. Major additions of 50 percent or more of existing habitable space or with 3 or more bedrooms require that current regulations be met to include confirmation of an absorption field of 10,000 square feet to provide for an initial and two recovery absorption fields. Additional sewage treatment and disposal systems may have to be added and the existence of the septic tank confirmed by uncovering it. 2. Additions greater than 25 percent but less than 50 percent of existing habitable space with not more than 2 bedrooms, where there is no permit or record indicating adequacy of the existing system, require the absorption area be defined by watertable and percolation testing and the existence of septic tank confirmed by uncovering it. 3. Additions less than 25 percent of existing habitable space, not involving more than 1 bedroom, may be approved where there is no record of a failure and a visual inspection indicates the system is operating satisfactorily. A. The Approving Authority must conduct inspections to determine satisfactory compliance with these regulations. B. All work governed by these regulations must be made available for inspection at reasonable times at the following stages: 1. The starting point of the initial sewage disposal trench must be established on-site by a registered surveyor prior to construction of the disposal system. The exact location must coincide with the site plan for which the permit was issued and marked by a stake. The stake must remain imbedded until a written installation approval sticker for the on-site system is issued by the Approving Authority. The approval sticker may be left on the site by the Approving Authority. 2. The absorption trenches must be inspected after excavation to final grade and depth, but prior to placement of stone. Shallow absorption trenches less than 30 inches deep requiring 18 inches of stone are exempted from this inspection. 3. The septic tank must be inspected after its outlet pipe is connected to the sewage disposal trenches, and prior to the tank, pipe, and trenches being backfilled. 4. Absorption trenches must be inspected following placement of stone and pipe, but prior to backfilling of the trenches. C. A person must not use an on-site sewage disposal system or an on-site water supply system, or occupy any new dwelling, apartment house, store, or other building for which a permit was issued under Chapter 27A, until a certificate of completion for the sewage system and a certificate of potability for the water system, as appropriate have been issued by the Approving Authority. D. The permittee must provide the Approving Authority 48 hours prior notice that the work covered by these regulations is ready for inspection. Upon receiving such notice, the Approving Authority must inspect the work and notify the permittee or owner of its approval or disapproval. If the work is not in compliance with these regulations, notice must be given of the deficiencies found and corrective measures necessary. Any portion of the work which does not comply must be promptly corrected by the permittee or owner. The Approving Authority may either make additional inspections to determine compliance with these regulations or waive inspections. E. The Approving Authority must maintain a permanent record of inspections and forward certificates of completion and potability to the permittee when the on-site water supply and sewage disposal systems have been satisfactorily completed in accordance with the requirements of these regulations, permit conditions and approved plans and specifications. A. The Approving Authority must consider the general topography, geology, hydrology, and soil classifications of the proposed property for suitability for on-site systems. As part of the review process, the Approving Authority must consider surface and subsurface drainage, soil descriptions, soil permeability tests, excavations, and the location, construction, and performance history of septic systems and wells in the area for their potential impact on new systems. The Approving Authority may require a hydrogeologic study, which includes field collected data on underlying geology and hydrology, as part of the review process. B. The Approving Authority must perform all soil tests at depths that ensure adequate trench side wall remains after grading is complete. C. The Approving Authority must conduct water table tests to a maximum depth of 15 feet between February lst and April 15th, the period of the seasonally high water table. The Approving Authority may reduce this time period when there is evidence of insufficient or abnormally low annual ground water recharge or abnormally low water tables. Tests may begin earlier, but not earlier than January 1, when rainfall has been sufficient to establish high water tables. The Approving Authority must evaluate percolation tests on restricted soils during this period. D. The Approving Authority must not approve on-site sewage disposal systems where there is less than 4 feet of unsaturated, unconsolidated material sufficient to attenuate effluent below the bottom of the absorption trench. The minimum acceptable useable vertical sidewall absorption area for a deep trench system is 8 feet, 4 feet for buffer and 4 feet, for trench sidewall absorption exclusive of backfill cover requirements, except that a minimum vertical sidewall absorption area of 6 feet may be accepted when bedrock or other limiting conditions are encountered. E. A sewage absorption area must not be located in a 100 year flood plain. F. Each building site utilizing on-site sewage disposal must meet one of the following requirements: 1. Existing parcels of land without change in lot configuration since March 3, 1972 and subdivided lots recorded prior to March 3, 1972, on which percolation tests have not been approved by the Approving Authority, must have sufficient area for the initial absorption area and at least 2 recovery absorption areas. The total absorption area or mound disposal area, which includes the initial mound system and 2 replacements, must not be less than 10,000 square feet of useable area. 2. Existing parcels of land without change in lot configuration since March 3, 1972, with deeds dated prior to March 3, 1972, and subdivided lots recorded prior to March 3, 1972, on which percolation tests have been approved by the Approving Authority must have a total absorption area equal to one of the requirements listed in a. and b. below. Additional percolation testing may be required due to insufficient number of sites tested, inadequate depths tested, tests performed in the wrong period of year for highest water table confirmation, and history of failures of disposal systems in adjacent areas. a. Recorded subdivision lots having approved preliminary plans must have a useable 10,000 square feet total absorption area or mound disposal area or must comply with the absorption area requirements delineated on such plans, whichever is the greater. b. Other subdivided lots and existing parcels of land must have sufficient area for the initial absorption area and at least 2 recovery absorption areas. The total absorption area or mound disposal area, which includes the initial mound system and 3 replacements, must not be less than 10,000 square feet of useable area. 3. All lots subdivided after February 28, 1979 must have sufficient absorption area to comply with the sewerage service category of the County Plan to which the lot is assigned as follows: a. Lots in Sewerage Service Categories 1 through 5 must have sufficient area for the initial absorption area and at least 2 recovery absorption areas. The total absorption area or mound disposal area, which includes the initial mound system and 2 replacements, must not be less than 10,000 square feet of useable area. b. Lots in Sewage Service Category 6 must have sufficient area for the initial absorption area and at least 3 recovery absorption areas. The total absorption area or mound disposal area, which includes the initial mound system and 2 replacements, must not be less than 10,000 square feet of useable area. c. See 27A.00.01.03L for failed septic systems and improvements to or replacement of existing housing. G. Any subdivision lot located within 2,500 feet of the normal water level of existing or proposed water supply reservoirs to include emergency drinking water supply reservoirs, measured horizontally, or within a 5,000 foot radius upstream from the water intake on streams used as potable water supply sources and a 5,000 foot radius of a water intake within a reservoir, must have an area of not less than 2 acres with a minimum width of 175 feet. No sewage disposal system can be located within 300 feet, measured horizontally, of the normal high water level of a water supply reservoir or within 200 feet, measured horizontally, of the banks of any stream which feeds into the reservoir. The limitations described above do not apply to areas below the dam forming the reservoir. H. The total absorption area must comply with the following distance criteria: 1. At least 100 feet removed from any well. 2. At least 20 feet removed from any building. 3. At least 5 feet removed from any lot line, except where easements are recorded, in which case the distance must be 5 feet from the easement line. 4. At least 10 feet removed from any swimming pool. 5. At least 10 feet removed from any utility line. 6. Shallow trench systems - at least 5 feet removed from any driveway. 7. Shallow trench systems at least 10 feet removed from any tree. 8. At least 100 feet removed from any stream. 9. Where adverse physical conditions are encountered, such as slopes in excess of 25% (measured horizontally from sewer line invert to slope), ravines, drainage and watercourses, flood plain soils, gullies and rock outcrops, a minimum distance of 25 feet must be maintained between the adverse areas and the total absorption area. Greater distances may be required at the discretion of the Approving Authority. I. Where other than single family dwellings or shared facilities are contemplated, the Approving Authority must require that disposal trenches in an absorption area be at least twice (2 times) the total stone depth on center but not less than 15 feet on center unless waived by the Approving Authority. J. Conventional mound systems may be used when shallow or deep trench systems cannot be used because of soils or ground water levels or both. Site evaluations, testing, design, construction, approvals and any other standards required by State of Maryland regulations and Maryland Department of the Environment guidelines must be adhered to. Absorption areas must be established in accordance with 27A.00.01.05F. The Approving Authority must make information available to property owners for testing for mounds. The Approving Authority must conduct tests, review, and approve the design and plans for conventional mounds and inspect construction. K. Where facilities other than single family dwellings or shared facilities are contemplated, and the total absorption field exceeds 10,000 square feet, each additional 10,000 square feet or portion must be established on separate 15,000-40,000 square feet of available useable land or proportional area depending on percolation rates in accordance with the table below. In the case of a portion, the Approving Authority may waive the full 15,000-40,000 square feet providing that separate useable land commensurate with the additional absorption field area is available. This density criterian also applies to easement areas. Using Public Water Time Required Using Individual Wells Facilities & Individual for a 1 Inch Drop & Sewerage Facilities Sewerage Systems Min. Width Min. Area Min. Width Min. Area (minutes) (feet) (feet) (sq. ft.) (feet) (sq.ft.) 2 to 5 100 20,000 100 15,000 6 to 15 125 25,000 100 17,500 16 to 25 150 30,000 100 20,000 26 to 30 150 40,000 150 30,000 L. Shared facilities may be established on a case by case basis after review and approval by the Approving Authority and the Maryland Department of the Environment in accordance with COMAR 26.04.05. A governmental body (controlling authority) must be established for the management, operation and maintenance of the facility. A. The Approving Authority must conduct all water table and percolation tests and supervise all other tests required by the Approving Authority. All such data must become part of the application file. B. At least 2 sets of percolation tests, each set to include both a shallow and deep test, must be conducted in each total absorption area. The Approving Authority may require more than 2 sets of percolation tests if necessary to define a contiguous absorption field. The Approving Authority may also refuse re-testing in areas having already been tested, since the soils would not have changed, except in cases of testing for mounds. C. Percolation rates more rapid than 2 minutes per inch, after pre-wetting, must not be approved. A percolation rate between 2 and 5 minutes per inch, after pre-wetting, may be grounds for disapproval if, in the opinion of the Approving Authority, adequate protection of the ground water may not be provided. All testing data, including untested excavations, must become part of the application file. The slowest allowable percolation rate, after pre-wetting, is one inch in thirty minutes. D. Percolation test sites must be prepared in the following manner: 1. A testing section or test cup must be 6 to 8 inches in diameter and 30 inches deep. The Approving Authority has the discretion to determine the depth at which the test cups are to be placed. Deep tests may be conducted using a "V" notch made by a backhoe bucket. 2. The test section test cups must be filled with clean water no earlier than 24 hours prior to conducting the percolation test. 3. If water remains in the test cup after the 24 hour period, the test must be considered a failure. 4. If water is absent in the test cup after the pre-wet period, the percolation test may be conducted. 5. Where bedrock is encountered before ground water is reached, testing must not be made below the point of refusal of a rubber wheeled back hoe. 6. Test cups must be free of excess sediment. 7. If either the "V" notch procedure or test cup procedure is used and fails, the test depth must not be reevaluated using the other procedure. E. Re-testing at a new depth or soil strata, must be scheduled by the Approving Authority within 10 working days upon request by the applicant. F. If tests reveal the site is unsuitable for a conventional shallow or deep on-site system, but that a conventional mound system is a possibility based on soils and shallow depth test results, the property owner may begin testing for a conventional mound system using the same site plan. The test site locations must be confirmed by a surveyor. G. It is the responsibility of the land owner to: assure that danger notices are posted at the site of test excavations, give adequate notice of the existence of the excavations, and maintain notice while excavations remain open and uncovered. Excavators and property owners must be alert to the need to provide barriers around excavations in areas readily available to the public. The Approving Authority may require additional safeguards for excavations in locations subject to public traffic. This does not relieve excavators and property owners from the responsibility to take action to eliminate the danger of open excavations. It is unlawful for the landowner to allow any test excavation to remain open on his land for more than 20 days total and no more than 5 days after the completion of tests. H. Property owners may call the Approving Authority to determine whether water table or percolation tests are scheduled to be conducted in the morning or afternoon so they can be present if they wish. I. Test rates will be provided to the property owner on-site if the owner is present. J. A horizontal reference stick with permanent markings, or an alternative approved by the Approving Authority, must be used to assure that all measurements are taken from the same reference mark. A. Sewage from bathrooms, kitchens, laundry fixtures, and other household plumbing must receive adequate treatment from a sewage treatment unit before the effluent is discharged to an approved on-site sewage disposal area. B. Grease interceptors are required on separate kitchen waste drains from restaurants and other establishments discharging large amounts of grease. C. All sewage treatment units must conform to the following criteria: 1. The liquid capacity of septic tanks must conform with the following: Minimum Septic Tank No. of Bedrooms Capacity below Outlet 1-3 1,000 Gallons Each additional bedroom requires an additional 250 gallons in septic tank capacity. The minimum size anaerobic treatment unit must be 1,000 gallon capacity. 2. Septic tank capacities for other than single family dwellings must be equal to or exceed 2 times the estimated sewage flow per day. The minimum septic tank capacity for facilities other than single family dwellings must be 1,500 gallons. All anaerobic treatment tanks over 2,000 gallon capacity must be compartmentalized. 3. Septic tanks must be located at least 100 feet from any well. Septic tanks must be located at least 15 feet from any building and 10 feet from any swimming pool . They may not be deeper than 18 inches below final grade except the maximum depth can be 36 inches provided access is within 18 inches of final grade. 4. Septic tanks must be watertight and of a material which cannot corrode or otherwise decay. Tank design and construction must be approved by the Approving Authority. 5. Aerobic units may be used instead of septic tanks if approved by the Approving Authority, and must be designed using maximum daily flows. A reduction in lot size or absorption area requirements is not allowed with their use. All aerobic units must be made of materials and constructed in a manner acceptable to the Approving Authority. A two year service contract must be made a condition of approval for use of aerobic units. D. Sewer lines must not be located within 25 feet of any well. Sewer lines within 50 feet of any well must have watertight seals satisfactory to the Approving Authority. Sewer lines located under driveways or roadways must be protected from crushing loads using a method satisfactory to the Approving Authority. Gravity sewer lines must have a minimum internal diameter of 4 inches. Gravity sewer lines from the septic tank must be laid to a minimum grade of not less than I foot per 100 feet - preferably 2 feet per 100 feet. E. The required effective absorption areas for single family residences are found in Tables I and II. 1. Drain tile or perforated drainpipe must be at least one foot below final grade and have at least one foot of soil cover. There must be at least 4 feet of useable unconsolidated, unsaturated soil buffer between the bottom of a disposal trench and bedrock or ground water. The buffer must be established by percolation testing and any other tests required by the Approving Authority and be composed of original soils material sufficient to attenuate sewage effluent. To establish the useable sidewall absorption depth and assure the buffer is included in the trench design, 4 feet or more is subtracted from the deep percolation test depth when the total trench depth is calculated. Buffer distances greater than 4 feet established because of low rainfall need not be tested for percolation unless required by the State of Maryland. TABLE IRequired Side Wall Absorption Area (SQ.Ft.) For Deep Trenches*Percolation Tests in Minutes Per Inch Est. Flow Passing SIZE gpd to 10 11-15 16-20 21-25 26-30 3 BR*** 325 833 1025 1310 1625 1836 4 BR 400 1026 1262 1613 2000 2260 5 BR 475 1217 1498 1915 2375 2684 6 BR**** 550 1410 1735 2218 2750 3107 The required total length of a two-foot wide deep absorption trench will be calculated using the following equation: Length of Trench in Feet = Absorption Area in Square Feet (2 X Depth of Stone in Feet) * Two foot wide trenches TABLE IIDesign Requirements for Shallow Trench LengthsWhen Using 18" Depth of Stone**Lengths in FeetPercolation Test in Minutes Per Inch Septic Tank Passing SIZE Size Gallons to 10 11-15 16-20 21-25 26-30 3 BR*** 1000 300 300 328 406 459 4 BR 1250 300 316 403 500 565 5 BR 1500 304 375 479 594 671 6 BR**** 1750 454 434 555 688 777 When Using 30" Depth of Stone**Lengths in FeetPercolation Test in Minutes Per Inch Septic Tank Passing SIZE Size Gallons to 10 11-15 16-20 21-25 26-30 3 BR*** 1000 176 216 277 343 388 4 BR 1250 217 267 341 422 477 5 BR 1500 257 316 404 502 567 6**** 1750 298 366 468 581 656 When Using 42" Depth of Stone**Lengths in FeetPercolation Test in Minutes Per Inch Septic Tank Passing SIZE Size Gallons to 10 11-15 16-20 21-25 26-30 3 BR*** 1000 133 163 209 259 293 4 BR 1250 164 201 257 319 360 5 BR 1500 194 239 305 379 428 6 BR**** 1750 225 277 354 438 495 **Depth refers to stone. All trenches must also have one foot of ground cover. ***Three bedrooms is the minimum size system allowed. ****Over six bedrooms must be sized proportionally larger. 2. Disposal trenches for single family residences must be separated by at least 10 feet, center to center. Greater separation distances may be required by the Approving Authority. The Approving Authority may authorize lesser spacing when required to repair an existing system that is failing. F. Where pumping from the septic tank to the disposal field is approved the proposed pumping system must be reviewed and approved by the Approving Authority. Sufficient data, including pump curves, must be included in the application to verify the capacity of the pumps selected as well as the specifications for the pump station, force main (ID, construction material and total length) and connection to the header trench. G. Where facilities other than single family dwellings are being considered the peak water use determination for design flow must be made using the best current information available as determined by the Approving Authority. The Approving Authority may require special design treatment and/or disposal criteria where sewage and water supply systems exceed 2,000 gallons maximum daily flow. All systems treating 5,000 gallon daily flows or more require review and approval by the Maryland Department of the Environment and must be included in The Comprehensive Water and Sewerage Systems Plan. The allowable application rates of sewage for other than single family dwellings are shown in Table III. TABLE III Percolation Rate Time in Minutes Maximum Application Rate in For One Inch Drop After Pre-wet Gallons per Square Foot Per Day Drop After Pre-wet Passing to 10 0.390 11 to 15 0.317 16 to 20 0.248 21 to 25 0.200 26 to 30 0.177 H. Gravity sewers and tubing used in waste water drainfields must be made of plastic which meets the minimum standards of the State of Maryland or other material satisfactory to the Approving Authority. I. Trenches must be installed with a uniform depth and level bottom. The maximum length of shallow trench must not be more than 100 feet. The slope of the drain tile must be between one and four inches per one hundred feet. Trench fill must be uniformly graded, clean stone. The stone must be at least 3/4 inch. The top of the drain tile must be located in the top six inches of stone. The stone must be covered with porous building paper, or other biodegradable material prior to backfilling. All trenches must be backfilled within two working days after inspection to prevent silting. The minimum backfill cover requirement is one foot of soil. Backfill must be mounded above grade level to allow for settling and to improve drainage above the absorption trench. The total absorption area must not be cut or filled unless a revised plan is submitted and a new permit issued by the Approving Authority. J. In the interest of workman safety, the depth of stone in deep unbraced trenches must be extended to within, but not less than, four feet from the finished grade prior to placement of the drain tile. Absorption systems that have approved percolation below four feet can be credited only for sidewall area within the absorption area established by percolation tests. A. General Provisions 1. The development of a subdivision must not be considered where, in the opinion of the Approving Authority, the disposal of effluent from an on-site sewage treatment and disposal system would result in the contamination of ground water. 2. In any subdivision the density of sewage disposal trenches for on-site disposal areas must meet the following criteria: a. All lots proposed for uses other than single family dwellings, for example, churches, public utilities, shopping centers, schools, multi-family housing, and commercial and industrial buildings must have sufficient area for the initial absorption area and at least three recovery absorption areas. The total absorption area must be at least 10,000 square feet of useable area per 500 gallons of water flow per day or enough area for the initial and three recovery absorption areas, whichever is greater. Single family dwellings require no less than 10,000 square feet which includes an initial absorption area and 2 or 3 recovery areas depending on when the lot was created and the sewerage service category. See 27A.00.01.05F for specific criteria. Conventional shallow trench absorption systems are only permitted when the projected water use is less than 500 gallons per day. b. When the total required absorption area exceeds 10,000 square feet for lots proposed for subdivision approval, including areas proposed or established as easements, each additional 10,000 square feet of absorption area or portion, must be established on 15,000-40,000 square feet or proportional area depending on percolation rates. See 27A.00.01.05K for specific criteria. c. Each total absorption area or portion of an absorption area must be separated from any other absorption area or portion by at least 50 feet when the Approving Authority concludes the separation is necessary to avoid a concentration of sewage. d. In the Patuxent River Watershed a minimum of 17,000 square feet of useable area for each 500 gallons of flow per day is required for the absorption field. In addition the Approving Authority may prohibit the use of easements for absorption fields, require a minimum lot size of 2 acres unless a study of the hydrology and geology indicates a different lot size may be appropriate, require a study of the hydrology and geology, require a buffer distance greater than 4 feet between the bottom of the absorption trench and the high ground water level and two compartment septic tanks and any other provisions the Approving Authority may consider necessary to protect the watershed. 3. Percolation test excavations must be constructed of adequate size to permit unrestricted inspection of the natural sidewall materials and to provide easy access to the percolation test hole for measurement purposes. Water table observation holes may be augered. 4. The location of the sewage disposal area must coincide with the location shown on the record plat. The initial sewage disposal trench must be designated by a stake pursuant to 27A.00.01.04B.1 of these regulations. 5. Any lot or parcel created by deed on or after March 3, 1972 must comply with these regulations and those defined by the Board. B. On-Site Systems 1. In subdivisions without community sewerage systems or community water supply systems, the Approving Authority must approve all lots utilizing on-site water supply systems and/or on-site sewage disposal systems prior to recordation of the plat. The Board cannot approve record plats containing these lots until written approval of the preliminary plan for the lots has been provided by the Approving Authority. 2. The minimum lot size must range from 15,000 to 40,000 square feet depending on percolation rates where either on-site water supply systems or on-site sewage disposal systems are to be utilized. 3. The Approving Authority may require increased lot sizes to protect the public health, the ground water, or to preserve the safety of the water supply and assure the functioning of the on-site sewage disposal system. The Approving Authority may, for the same reasons, require the conduct and submission of a hydrogeologic study for review before a decision is made to approve the preliminary plan. 4. The Approving Authority may require the drilling of test wells at the initial preliminary plan phase in sufficient numbers to demonstrate the adequacy of ground water when a subdivision is proposed in an area where experience has indicated ground water is a scarce resource. 5. On-site sewage disposal systems must be located downgrade from any on-site water supplies. A waiver may be granted after consideration of the hydrogeologic conditions within the subdivision. 6. COMAR 26.02.03, Water Supply and Sewerage Systems in the Subdivision of Land in Maryland, must be followed when its provisions exceed the requirements of these regulations. C. Initial Preliminary Subdivision Plan Specifications 1. General. Every proposed subdivision or resubdivision must be submitted to the Board for tentative or conditional approval in the form of a preliminary plan prior to the submission of a subdivision record plat. The plan must show, graphically, all facts needed to enable the Board and other public agencies to determine whether the proposed layout of the land under review is satisfactory from the standpoint of the public health, safety, and welfare and applicable laws, ordinances and regulations. 2. The Drawing. The drawing must be a graphic representation of the proposed subdivision and must be submitted with the application in a form and with information and supporting detail as required by regulations of the Board furnished with the application form. Details and information required must include: a. Scale drawing of 100 feet to the inch, or other scale which may vary according to the size of the development, in accordance with Board requirements. b. Title information. c. Certificate of a registered professional engineer or a registered land surveyor as to source and accuracy of boundary lines, topographic data, and other engineering or survey data. d. Existing features, including tree groves of substantial character, scenic or historic areas, streams, drainage areas, and outstanding natural topographic features. e. Boundary outlines, with survey tied into Washington Suburban Sanitary Commission or Maryland State Grid System, as required by the Board. f. Locations and names of adjacent subdivisions with lot, block, and record plat number of immediately adjoining subdivided land. g. Location, names, widths of right-of-ways, and construction details for all roads and dedicated right-of-ways and easements. h. Location of existing and proposed utilities. i. Existing topography with contour intervals not greater than two feet unless the use of five (5) foot contours is approved by the Approving Authority. j. Vicinity location map. k. Graphic representation of property drawing of proposed subdivision including: (1) Lot and block layout. (2) Roads and streets. (3) Sites for public uses and open spaces. (4) Right-of-ways and easements for slopes, paths, utilities, on and off-site storm drainage, and other required improvements. 3. On-Site Water Supplies and On-Site Sewage Disposal Systems. Before submission to the Approving Authority, all preliminary subdivision plans for lots in areas where on-site water supplies and/or on-site sewage treatment and disposal systems are to be installed must show, in addition to the usual data, the following details: a. An initial site and 2 alternative sites for proposed well locations. The primary well site must be surveyed in and staked before the well is drilled. Each of the 3 sites must show a minimum separation of 50 feet, and must be upgrade from any on-site sewage disposal system unless a study of the hydrogeologic conditions demonstrates that ground water quality downgrade would not be adversely effected by ground disposal of sewage. Where there are existing wells within 100 feet on the property or on adjoining lots, they must also be shown. b. A circular area, with radius of 100 feet around each well to denote clear space, in which no final sewage system is to be located. The well radius cannot overlap the subdivision boundary by more than 5 feet unless specified by the Approving Authority; an overlap of more than 5 feet must be recorded as an easement or covenant in the land records of Montgomery County. c. The "useable area" for sewage disposal, the limits of which are established by percolation and other field tests. The "useable area" must be situated beyond the 100 foot radius of the wells and downgrade from the proposed house location and must all be in unconsolidated and unsaturated soils. d. Any existing sewage disposal systems on the property or on adjoining lots within 100 feet. e. Swamps, rock outcrops, and flood plains. f. A ten-foot zone surrounding the water service line to buildings, free and clear of any sewer lines, systems, or part thereof. g. Soil Survey Overlay. Soil types must be graphically displayed on the preliminary subdivision plan. Soil types must be designated using the Montgomery County Soil Survey as a reference. h. The proposed treatment unit and the total absorption area must be located so that it is reachable by gravity flow from the lowest proposed plumbing fixture. i. The septic tank no deeper than eighteen (18) inches below final ground grade except the maximum depth of the tank can be 36 inches provided access is within 18 inches of the final grade. j. Proposed location for conventional mound system to include total area for initial and recovery areas, 10,000 square feet minimum. D. Final Preliminary Subdivision Plan-Specifications The final preliminary subdivision is the initial preliminary subdivision plan with the additional requirements developed after conducting percolation tests. The following must be shown on the final preliminary subdivision plan: 1. The area reserved for the location of the proposed house and the maximum number of bedrooms which can be included in the house. The reserved area must satisfy all restrictive distances as set forth in the regulations. 2. The proposed location of the septic tank and starting point of the initial sewage disposal trench. 3. The lowest fixture invert elevation, the invert elevations of the septic tank inlet and outlet, and the invert elevation at the beginning of the initial absorption trench. 4. The initial absorption trench installation and the total absorption area. 5. All trees intended to be retained which are located within the initial absorption area. 6. Existing topography showing 2 foot interval contours unless the Approving Authority permits the use of 5 foot contour intervals. 7. For conventional mound systems, the initial mound installation and replacement areas. 8. For mound systems the applicant must provide any design information required by the Approving Authority. E. Record Plat 1. Specifications. The final subdivision record plat must be clearly and legibly drawn in black india ink on tracing cloth. The size of the sheets must be 18 inches by 18 inches, including a margin of one-half inch outside ruled border lines. The record plat accompanying the application for approval must contain the graphic and descriptive items listed below. The lack of or incorrect information supplied by the applicant under any item specified may be cited by the Board as cause for disapproval of a record plat. a. Name of the subdivision (subject to approval by the Board) and the description of blocks and lots included on plat. b. Name, date of approval, and file number of the preliminary plan on which the record plat is based. c. Zoning classification of property. d. Total number of lots, outlots, or parcels included on the plat. e. Total area shown on the plat, including streets and total area dedicated to public use. f. Name and address, including telephone, of the owner and the registered land surveyor who prepared the plat. g. The maximum number of bedrooms permitted. h. A septic set back line is shown 20 feet from the total absorption area to indicate the area where improvements could damage the absorption field. i. A note that states the septic set back line is subject to change with approval of the Health Department. j. Other information as the Approving Authority may require. 2. Drawing. The subdivision plat must be accurately drawn to a scale approved by the Board and must include the following items. a. Title. The title must appear in the lower right-hand corner of the sheet, and must include the following information: (1) Approval names of the subdivision and the section of the subdivision. (2) Election district, County, and State, or name of town instead of election district, if the subdivision is in an incorporated town. (3) Scale of the drawing and date of completion. (4) Name of the registered land surveyor who prepared the plat. b. Subdivision Plan. All boundaries, street lines, and lot lines, plus any other lines pertinent to the plan, must be shown with sufficient data, accurately calculated, to locate each line and property corner and be reproducible on the ground. The plan must show the following items: (1) All property boundary lines necessary to identify the subdivision together with the conveyance thereof by which the maker of the plat acquired the property. Where the subdivision is a part of the conveyance, the boundaries shown must include the last complete line touched on by the subdivision or an indicated dimension. Where a subdivision includes all or parts of two or more conveyances, the boundaries of the separate deed descriptions must be indicated by light lines running through the subdivision, together with the deed reference to each original tract or parcel. (2) Exact locations, widths, and names of all streets within the subdivision and widths of alleys and crosswalks. (3) All easements established or right-of-ways provided for public services or utilities in the subdivision, and any limitations of the easements, plus recordation reference. (4) Accurate outlines of any areas to be reserved for common use by residents of the subdivision or for general public use, with the purposes indicated on the plan. (5) Accurate bearings and lengths of all block and lot lines, together with the length of radii, arcs, tangents, and chords with chord bearings and central angles for all curves in the layout. A curve table must be used containing this data and referenced to the curves shown in the drawing. (6) All bearings must refer to the Washington Suburban Sanitary Commission grid meridian and the survey accurately tied into this system where control is available within one-half mile of the subdivision. Otherwise, they must refer to the true meridian or the Maryland State Plane Coordinate System. The meridian used must be noted alongside the north arrow which is required on each plat. Plats of resubdivisions may refer to the "Plat Meridian," meaning that used on the original subdivision plat. On plats of small subdivisions, involving only one or two lots, in locations where no established control is available, reference to the "Deed Meridian" will be acceptable. (7) If the survey is tied into the Washington Suburban Sanitary Commission or Maryland State Grid System, the grid lines must be shown around the borders of the plat with their coordinate values indicated. The coordinates of the property line monuments shown on the plat must be given. (8) Accurate location of all monuments is required. (9) Lots numbered in numerical order. In tracts containing more than one block, the blocks must be lettered in alphabetical order. In case there is a resubdivision of lots in any block, resubdivided lots must be numbered numerically, beginning with number following the highest lot number in the block. The original lot lines must be shown dashed and the original lot numbers dotted. (10) Area of each lot, parcel, or other unit shown on the plat. (11) Front building lines, shown graphically with dimensions, where they exceed the required minimum specified in Chapter 59 of this code, and any other building restriction lines which may apply in a particular case. (12) Accurate bearings and lengths of tie connections between all adjacent blocks and other subdivisions. (13) Names and locations of adjoining subdivisions with lot and block numbers immediately adjoining, together with plat references. (14) Location and apparent ownership of adjoining unsubdivided property with land record or will references. (15) Key map showing the location of the subdivision when it is in an outlying area not adjoining a recorded subdivision. In case of a large subdivision requiring multiple plats, the key map must show the location of previously recorded plats within the subdivision by section number. (16) The initial well and the 2 alternative well locations must be shown on the record plat along with the area reserved for the location of the proposed house. House construction beyond the area reserved is prohibited unless approved by the Approving Authority. This reserved area must satisfy all restrictive distances in these regulations. The well radius must not overlap the subdivision boundary by more than 5 feet unless approved by the Approving Authority. (17) The location of the initial absorption trench installation, and the total absorption area. For mounds: the location of the initial mound and total mound absorption area. (18) Surveyor or Engineer Certificate. Certificate by the registered land surveyor or registered engineer, in a form required by the Approving Authority, certifying to the accuracy of the plat, to the location of percolation tests and water table tests, to the placing of property line monuments, and to areas included on the plat and dedicated to public use. (19) Owner's Certificate. Certificate by the owner and all parties of interest, in a form approved by the Board, adopting the plan of subdivision, establishing slope easements and minimum building restriction lines, and dedicating to public use, roads, streets, alleys, walks, utility and storm drainage right-of-ways, parks, and other areas approved for dedication to public use by the Board. (20) Approval Box. The form of the box must be approved by the Board. F. In the RDT Zone when additional lots are created on a farm, the Approving Authority may, at the request of the property owner, and after consultation with the Maryland Department of the Environment regional consultant, accept the existing on-site sewage disposal system for the existing farmhouse if there is no visual evidence of a septic failure and the distances between adjacent septic systems are significant. A. Community sewer systems followed by conventional on-site sewage treatment and disposal systems must be considered in that order to correct a system malfunction. When these systems are not applicable, the Approving Authority must provide the best technical solution available to attempt to resolve existing pollution or environmental health problems. B. Privies must be of the vault type and located and constructed to prevent contamination of ground water or surface waters. They must be constructed to be insect and rodent free and to prevent odor nuisances. The Approving Authority must approve the location and construction plans before a construction permit is issued. Where the privy is abandoned, the superstructure must be removed or crushed and the hole backfilled with clean fill. Privies may only be used where there is no water under pressure and only on lots or parcels of property infrequently or seasonally used, such as camps, parks, fishing and hunting lodges, etc. C. Chemical toilets must be constructed of impervious materials, vented to the outside air above the roof line of the structure housing them, and supplied with an adequate amount of the chemical agent used to reduce and deodorize the tank contents. Chemical toilets may be used only for special short term events and in the abatement of problems. D. When privies or chemical toilets become filled to the recommended capacity, the contents must be removed and disposed of as provided in 27A.00.01.13 of these Regulations. E. Human body wastes must be disposed of in approved privies, chemical toilets, or other installations acceptable to the Approving Authority where water under pressure is not available. These methods are not authorized for new construction. F. Holding Tanks. Holding tanks must not be used for new construction. Holding tanks must only be used to resolve existing on-site sewage system failures and to provide indoor plumbing to legally occupied and situated dwellings without indoor plumbing where community sewer is not economically available and on-site repair is not possible. The following conditions must be met for the use of a holding tank: 1. Each request for a holding tank must be reviewed by the Approving Authority on a case- by-case basis. 2. The holding tank must physically meet distance and set back requirements from wells, property lines, building lines, etc., and must comply with design criteria of COMAR 26.04.02. Holding tanks, when authorized, must be sized to hold a minimum of seven days waste water flow, and must be water tight. 3. A high effluent level alarm system must be required on all holding tanks. The alarm must be set at an elevation in the tank that will allow for a minimum one-day storage, based on the design flow, between the alarm float and the holding tank inlet. 4. All new plumbing installed must have low flush toilets (i.e. a toilet that uses no more than 1 ½ gallons of water per flush). Other water-saving fixtures must be used whenever possible. 5. Adequate access must be made available to allow for scavenger truck pump-outs on a regular basis. 6. The property owner must enter into a contractual arrangement with a licensed scavenger to assure continued, effective, and efficient removal of stored wastewater necessary to prevent a system overflow. The licensed scavenger must meet all requirements and comply with 27A.00.01.13. 7. The property owner must demonstrate that he is financially able to comply with Subsection F6 above. 8. The applicant must sign an agreement with the Approving Authority, containing the above conditions. The agreement must be filed in the land records of the County, run with the property, and be binding on all future owners of the property. G. Expansion or enlargement of an existing structure being served by a holding tank cannot be approved, but a bathroom may be added for indoor plumbing, when none exists, in accordance with COMAR 26.04.02 and Section 223, Environment Article, Annotated Code of Maryland. H. Toilets which utilize incineration as the waste disposal process will not be permitted. I. In the event that a property proves to be unsuitable for a conventional trench system because of high water table, a conventional mound system may be considered under the following conditions: 1. Ground water is at least 2 feet below the original grade during the wet season, and there is no evidence of mottling in that 2 foot strata; 2. Percolation rates measured after pre-wetting, utilizing a method that measures vertical permeability, are not faster than I inch in 5 minutes and not slower than 1 inch in 60 minutes. 3. The sewage disposal area has natural slope of less than 12 percent; 4. A total absorption area is established sufficient for the initial mound and 2 or 3 recovery mound areas depending on sewerage service category (27A.00.01.05F.3.a and b). 5. Testing and design criteria for this type of mound must be in accordance with COMAR 26.04.02.05. 6. Conventional mound systems must be installed by installers certified by the State of Maryland in accordance with COMAR 26.04.02.05Q(6). A. Innovative and alternative on-site sewage disposal systems must not be used in subdivision development. B. Innovative and alternative on-site sewage disposal systems may be used on a case-by-case basis to correct existing malfunctioning, on-site systems for homes legally established and occupied when public sewer is not available and conventional on-site systems cannot alleviate the problem. C. Proposals for innovative and alternative systems must be submitted concurrently to the Montgomery County Health Department and the Department of the Environment for review and approval. D. Testing and application procedures must be in accordance with COMAR 26.04.02. as amended, and any successor COMAR regulation or Maryland Department of the Environment guidelines. A. New wells. New well construction must be upgrade from on-site sewage disposal systems (COMAR 26.04.04 and COMAR 26.04.02.05.C). The Approving Authority may grant a waiver after consideration of the hydrogeologic conditions on the lot and subdivision and discussions with the Maryland Department of the Environment. B. Existing wells. 1. Wells using clay or terra cotta casings, dug wells, and springs must not be approved for a potable water supply. 2. Abandoned or unused wells must not be used for the disposal of sewage, sewage effluent, or any other polluting or contaminating material. 3. Wells must meet water quality and construction standards as set forth in COMAR 26.04.04. for the issuance of a certificate of potability or approval by the Approving Authority as a certified well. 4. The Approving Authority may require the abandonment and sealing of an on-site water well and connection to the public facility where public water is available. 5. When repairing an existing well, casings terminating below ground must be extended to a minimum of eight (8) inches above final grade and the construction standards of COMAR 26.04.04 must be met. C. On-site wells must be abandoned and sealed when connection is made to public water. D. Wells may not be approved in an area where public water exists and adequately and economically available to a property and approved for public water service under the Comprehensive Water Supply and Sewerage Systems Plan. E. New well or replacement well locations must meet the site requirements of COMAR 26.04.02 and COMAR 26.04.04. In the event a waiver is requested, the Approving Authority must seek the approval of the Maryland State Department of the Environment. F. Where public water is not available, all standby wells must be equipped with a submersible pump and distribution piping. G. Non-community water supplies - among other things, the State of Maryland, Department of the Environment enforces standards for non-community water supplies that are non-transient; e.g. adult or child day care center, health care facilities, group home on well water. Standards for non-community transient systems, e.g. restaurants, gasoline stations, are enforced by the Approving Authority. 1. The Approving Authority must maintain an up-to-date inventory of all transient non- community water supplies in Montgomery County. 2. Transient non-community water supplies are monitored by the Approving Authority according to the following schedule: Water Source Bacteriological Nitrate Turbidity Ground water (Well) Quarterly Every 3 Yrs. None 3. The Approving Authority may require the supplier of a non-community water supply to sample according to the above schedule. Private testing laboratories, certified by the State of Maryland, may be utilized for this purpose. 4. It is possible that some systems are sufficiently protected that the frequency of bacteriological testing may be reduced. The decision to reduce testing must be made on a case-by-case basis. At least two (2) bacteriological samples must be taken per system per year. 5. The Approving Authority may require other parameters to be monitored and tested where monitoring is judged necessary to protect the public health. A. Any sewage disposal system, with its contents accessible to flies, animals, or surface drainage or endangering a water supply or health in any other way, or which is a privy, with the contents less than one foot below the lower surface of the floor, is considered a sewage disposal nuisance. The Approving Authority may inspect existing sewage disposal systems, and if a sewage disposal nuisance is found to exist on property within reach of a public sewer, the Approving Authority must notify the owner or occupant of the premise to make application to connect the premise to public sewer. The notice will specify a time within which the connection must be made and direct abandonment of the sewage disposal system so that it cannot be used or endanger the public health. If a sewage disposal nuisance is found to exist on a property which is out of reach of the public sewer, the Approving Authority must notify the owner or occupant of the property to reconstruct or replace the existing sewage disposal system within a specified and reasonable time. No owner or occupant can maintain a sewage disposal nuisance after the time limit specified in these regulations or by the Approving Authority. If a sewage disposal nuisance is found to exist as a discharge to the surface or a privy, the Approving Authority may, in addition to notices served in other ways, post a notice on the privy building. B. If a sewage disposal nuisance exists or existed on property which is vacated, the Approving Authority may, in addition to notices sent in other ways, post appropriate notice on the property stating that no person may occupy the property until the property has been connected to the public sewer or until the sewage disposal system has been reconstructed or replaced. No person may remove or deface the notice of a sewage disposal nuisance on unoccupied property. No person may occupy the property without permission of the Approving Authority, until the property has been connected to the public sewer, or until the sewage disposal system has been reconstructed or replaced in accordance with these regulations. A. All solid and liquid contents of chemical toilets, septic tanks, seepage pits, and holding tanks, privy, cesspool, and watertight pits for septic tank effluent must be removed when necessary and disposed of in conformance with COMAR 26.04.06, Sewage Sludge Management, and these regulations: 1. Every scavenger must obtain a Sewage Sludge Utilization Permit from the Approving Authority, a copy of which must be carried in each vehicle and available for inspection. Permits must be obtained on an annual basis. Specific requirements for obtaining permits must be established by the Approving Authority. 2. The name and address of the scavenger and the permit number must be legibly lettered on both sides of each vehicle used for scavenging purposes. Lettering must be at least three inches in height. The words "Sewage Only" must be lettered on both the front and rear of each vehicle and must be at least six inches in height. The hauling of chemical and designated hazardous substance in these vehicles is prohibited. 3. Every vehicle used for scavenging purposes must be equipped with a watertight tank or body, be maintained in a clean and sanitary condition, and be inspected annually. 4. All pumps and hose lines must be maintained to prevent leakage. 5. Approval, in writing, must be obtained from the Approving Authority for every site where a scavenger plans to discharge the waste material. The disposal of chemical or designated hazardous substances is prohibited. Any person issued a scavenger permit must provide the Approving Authority with the following: a. Specific manhole locations or facility sites where disposal is authorized by the Washington Suburban Sanitary Commission and copy of the WSSC authorization.* *Refer to WSSC Regulations 901 - 916 and 221.3.2. b. The source of the wastes and the quantity to be disposed of in gallons per day. c. A letter of authorization from the Approving Authority to the scavenger for each approved site. 6. Permit application and renewal fees will be established by the State of Maryland and County Executive Regulations. 7. Waste material collected by scavengers must not be discharged into ditches, watercourses, lakes, ponds, tidewater, or other waters of the State. 8. Disposal in any non-approved areas or unauthorized modification of the septic tank or sewer lines may result in revocation of the permit to operate as a scavenger in Montgomery County. 9. The addition of any organic, inorganic or other, materials, by a licensed scavenger, to improve the operation or maintenance of septic tanks must have the written approval of the Approving Authority. A. Restrictions placed on the use of a parcel or lot for an existing or replacement dwelling necessitated by limitations of the soils or size of the parcel or lot to treat effluent, must be entered into the land records of Montgomery County. A consent agreement or covenant approved by the Approving Authority must be recorded in the land records to run with the land and be binding on all future owners of the property. Examples of restrictions that must be recorded are: use of holding tanks, approval of an area of less than the total absorption field and number of recovery areas required by these regulations, prohibitions on future expansion of the dwelling, and the use of innovative and alternative technology. B. The capacity of on-site sewage disposal systems approved by the Approving Authority for new or expanded commercial and industrial development must be recorded in the land records, run with the land, and be binding on all future owners of property. A consent agreement or covenant approved by the Approving Authority must show the total square footage of the space to be leased or used for commercial or industrial purposes, the total maximum daily sewage flows that are estimated, the breakdown of estimated waste water generated by each use within the structure, and the capacity of the on-site sewage disposal system to treat the total maximum daily sewage flows. The estimated waste water generated by all uses must not exceed the total estimated maximum daily sewage flows approved by the Approving Authority or the capacity of the on-site sewage disposal system. C. The covenant may be released or modified with the approval of the Approving Authority. Nothing in these regulations may be construed to repeal or affect any powers of the State Department of the Environment under the provisions of the Health-Environmental Articles of the Annotated code of Maryland or COMARS 26.04.02, 26.04.03, and 26.04.04. Initially, an informal appeal in writing should be made to the Division Director who will have the appeal reviewed by the well and septic section chief, regional sanitarian from the Maryland Department of the Environment and other appropriate staff. The property owner and designees may participate in the review process. If the property owner is not satisfied with the decision made after the review, an informal appeal may be made to the Director, Health Department who is the Approving Authority. If this informal appeal is denied, the property owner can follow the formal appeal process indicated below. Any person aggrieved by a final decision of the Approving Authority with respect to County requirements may have the right to have that decision reviewed by the Montgomery County Board of Appeals in accordance with the provisions of the Montgomery County Code Chapter 2, Section 2 and 2A. All such appeals must be made to the Clerk to the Board. In the event a person is aggrieved by a final decision of the Approving Authority in a contested case with respect to State of Maryland requirements the appeal may be filed with the Director, Water Management Administration, Maryland Department of the Environment, within 30 days after notification of the final decision by the Approving Authority. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes affect 30 days after approval by the County Council.

This Regulation is intended to establish a comprehensive regulatory system to assure that the practices used by landlords to allocate water and sewer (wastewater) costs to tenants are just and reasonable and include appropriate safeguards for tenants, and are in compliance with Section 29-30(a)(6), “Landlord-Tenant Relations,” of the Montgomery County Code, 2001, as amended (“County Code”). The provisions of this Regulation apply to apartment complexes that bill tenants for water and sewer utility service on an allocated basis, referred to as a “Ratio Utility Billing System” (“RUBS”). In this Regulation the following words and terms have the following meanings unless the context clearly indicates otherwise: (A) Allocated utility service - Water and Sewer utility service that is master metered to a landlord by the Washington Suburban Sanitary Commission (“WSSC”) and that the landlord allocates to tenants using a Ratio Utility Billing System. (B) Apartment complex - A set of related buildings that have the same landlord and all contain multifamily rental dwelling units. (C) Department - The Department of Housing and Community Affairs. (D) Director - The Director of the Department of Housing and Community Affairs or the Director’s designee. (E) Landlord - The owner, the owner’s agent, lessor, or sublessor of the dwelling unit authorized to exercise any aspect of the management of the premises, except persons engaged solely in custodial and maintenance functions. (F) Lease - Any written agreement that establishes or modifies the terms, conditions, rules, regulations or any other provisions concerning the use and occupancy of a dwelling unit. (G) Master meter - A meter used to measure, for billing purposes, all water usage of an apartment complex, including common areas, common facilities, and dwelling units. (H) Ratio Utility Billing System - the system under which the cost of water and/or sewer utility service that is master metered to a landlord by WSSC, is allocated to tenants by the landlord through the use of a formula that estimates the water and sewer use of each rental unit in the apartment complex. (I) Tenant - Any person who occupies a dwelling unit for living or dwelling purposes with the landlord’s consent. (A) When a landlord uses a Ratio Utility Billing System to bill tenants for water and/or sewer utility service, the Lease between the landlord and the tenant must include all of the following: (1) A statement that the tenant will be billed by the landlord for allocated water and sewer utility services; (2) The precise formula used by the landlord to allocate the cost of water and sewer utility services to the tenant; (3) A statement that an disputes relating to the computation of the tenant’s bill are between the tenant and the landlord, not a third party billing agent; (4) The average monthly bill for all dwelling units in the apartment complex in the previous calendar year and the highest and lowest month’s bills for that period; (5) Information regarding billing such as meter reading dates, billing dates, and due dates; (6) The time period within which the landlord must repair leaks in the tenant’s dwelling unit and in common areas, if common areas are not submetered. (7) A statement that the tenant has the right to receive information from the landlord to verify the water and sewer utility bill; (8) The maximum amount of any service charge or administrative fee that can be billed to tenants by the landlord; and, (9) A statement that a copy of this Regulation is available upon request. (B) If the landlord institutes a Ratio Utility Billing System at the commencement of the Lease, or upon renewal of an existing Lease, Section 29-34(b)(2) of the County Code does not apply. (A) Upon 10 days written request by a tenant or the Director, the landlord must make the following records available for inspection at the onsite manager’s office during normal business hours: (1) A current and complete copy of this Regulation; (2) Information or tips on how tenants can reduce water usage; (3) All the bills from WSSC to the landlord for the preceding two (2) year period; (4) An explanation of what formula the landlord uses to calculate the tenants’ bills; (5) The total amount billed to all tenants each month; (6) Total revenues collected from the tenants each month to pay for water and sewer utility service; and (7) Any other information necessary for a tenant to calculate and verify a water and sewer bill. (B) Each of the records referred to in 29.00.01.05(A) must be maintained for the current year and the previous calendar year. Charges billed to tenants under a Ratio Utility Billing System must only include bills for water and sewer utility service from WSSC, and must not include any other fees billed to the landlord by WSSC such as deposits, disconnect or reconnect fees, late payments, or other similar fees. (A) Common Area Calculation. Before a landlord may allocate the WSSC master meter bill for water and sewer service to the tenants, the landlord must first deduct common area usage such as installed landscape irrigation systems, pools and laundry rooms, if any, as follows: (1) if all common areas are separately metered or submetered deduct the actual common area usage; (2) if common areas are not separately metered or submetered, the landlord must deduct from the total amount of the bill, seasonal common area usage for the billing period as follows: (a) 15 percent for an installed landscape irrigation system; (b) 10 percent for laundry room(s); (c) 10 percent for a swimming pool and for each other amenity that uses water. (B) Formula for Calculating Tenants’ Bills. To calculate a tenant’s bill, the landlord must divide the amount of the WSSC bill, less the common area usage, by the total number of occupants in all rental units at the beginning of the month of WSSC’s billing period, and multiply that number by: (1) the number of occupants in the tenant’s rental unit at the beginning of the month for which bills are being rendered; or, (2) the ratio occupancy formula below which assigns a fractional portion per occupant and which is determined by the number of occupants in a rental unit at the beginning of the month for which bills are being rendered: (a) rental unit with one occupant = 1 (b) rental unit with two occupants = 1.6 (c) rental unit with three occupants = 2.2 (d) rental unit with more than three occupants = 2.2 + 0.4 per each additional occupant over three (3) any other formula that is presented by a landlord and approved by the Department in advance. The landlord has the burden of proving to the Department that the proposed formula fairly and accurately allocates water and sewer usage among tenants. The Department has 30 days from the date it receives the landlord’s proposed formula to make a determination whether to approve or deny use of the formula. If the Department denies use of a proposed formula, the Department must send written notice to the landlord with reasons for the denial. At the same time that a landlord presents a proposed formula to the Department, the landlord must notify all tenants in the property by first class mail that an alternate RUBS formula has been proposed to the Department, that the Department has 30 days to approve or deny use of the formula, and that the tenants have the right to submit comments regarding the proposed formula to the Director of the Department during the 30 day review period. If a tenant moves in or out during a billing period, the landlord may calculate a pro-rated bill for the tenant by dividing the number of days the tenant lived in the rental unit by the number of days in the month multiplied by the bill for the month. If a tenant moves out during a billing period before the landlord receives the bill for that period from WSSC, the landlord may calculate a final bill by calculating the tenant’s average bill for the last three months and multiplying that average bill by the number of days the tenant was in the rental unit divided by the number of days in that month. If a landlord uses a Ratio Utility Billing System, the bill format for each billing period must show the amount of any customer service or administrative fee charged. Such service charge or administrative fee must not exceed the maximum allowable under § 54G of the Maryland Public Service Commission Law for such fees, which is currently $1 per unit per month. The landlord may not impose any additional charges. (A) Bills for allocated water and sewer charges may be rendered to tenants on a monthly basis even though WSSC may bill the landlord on a quarterly basis. (B) Information on bill. The bill must clearly state the following: (1) the duration of the billing period; (2) amount due for allocated water usage; (3) amount due for allocated sewer usage; (4) amount due for customer service charge or administrative fee; (5) total amount due for the billing period; (6) a statement that the bill is not from WSSC; (7) name and address of the tenant to whom the bill is applicable; (8) name, address, and telephone number of the firm rendering the bill; and, (9) name, address, and telephone number of the party to whom payment is to be made. (C) Due date. The due date on the bill may not be less than 15 days after it is mailed or hand delivered to the tenant. A payment is delinquent if not received by the due date. (D) Estimated bill. An estimated bill may be rendered if a master meter has been tampered with, cannot be read, or is out of order. In such a case the bill must be distinctly marked as an estimate and the subsequent bill must reflect an adjustment for actual charges. (E) Over billing and under billing. (1) Over billing. If any tenant is over billed for water and/or sewer utility service, the landlord must calculate an adjustment to the tenant’s bill, and the tenant is due a refund by the landlord. (2) Under billing. If a tenant is under billed for water and/or sewer utility services, the landlord may calculate an adjustment for bills issued, so long as the bills were issued in the previous six months. However, the landlord cannot calculate an adjustment if the tenant was under billed due to submeter malfunction, except as provided in 29.00.01.10(D). If the total amount that a tenant was undercharged is $25 or more, the landlord must offer the tenant a deferred payment plan option for the same length of time as that of the under billing. Adjustments for usage by a previous tenant must not be back billed to a current tenant. (F) Failure by a tenant to pay a properly calculated and properly rendered allocated water and sewer utility bill constitutes a breach of lease by the tenant, and cannot be construed by a landlord to be non-payment of rent. (G) Disputed bills. In the event of a dispute between a tenant and a landlord regarding any bill, the tenant must notify the landlord of the dispute in writing, and the landlord must investigate the matter and report the results of the investigation to the tenant in writing. The landlord’s investigation and report must be completed within 30 days from the date the tenant gives written notification of the dispute to the landlord. (H) If a landlord fails to comply with any provision of this Regulation, a tenant may file a complaint with the Director pursuant to Section 29-36(a) and (b), “Tenant’s Complaints,” of the County Code. Any landlord who intends to use a Ratio Utility Billing System to allocate water and/or sewer utility service to tenants, must register with the Department in a form prescribed by the Director at least 60 days before implementing a Ratio Utility Billing System, or within 30 days of the effective date of this Regulation if a landlord is already using a Ratio Utility Billing System.

The following words or phrases are defined as follows for use in this regulation: Class 3 accessory apartment license means a license issued by the Department for an accessory apartment that does not have a special exception approved before May 20, 2013. Department means the Department of Housing and Community Affairs. Director means the Director of the Department of Housing and Community Affairs or the Director’s designee. Owner means any person who holds legal title to a one-family detached dwelling unit. Primary Residence means a one-family detached dwelling unit where the owner regularly resides and is the location designated by the owner for legal purposes of obtaining a driver’s license and filing tax returns. (a) The annual license fees for rental dwelling units are hereby established as follows: (1) For a Class 1 multi-family rental facility license, $82.00 per dwelling unit in an apartment complex or an accessory apartment approved by special exception and $73.00 per dwelling unit for all others. (2) For a Class 2 single-family rental facility license, $130.00 per dwelling unit. (3) For a Class 3 accessory apartment license, $125.00 per unit. (b) The annual license fee shall not be prorated and must be made payable to Montgomery County, Maryland. (c) Failure to obtain a rental facility license is a Class A violation under Section 1-19 of the Montgomery County Code. (d) In addition to the annual license fee, the following fees for a Class 3 accessory apartment license are hereby established as follows: (1) The application filing fee is $260.00, of which $130.00 is refundable if the Director finds the proposed accessory apartment does not meet the requirements of the zoning ordinance prior to the Department’s inspection of the proposed accessary apartment to ascertain whether it complies with Chapter 26 of the Montgomery County Code. (2) The sign fee is $230.00, of which $115.00 is refundable if the sign is returned to the Department within 15 days of the end of the posting period. (A) The sign fee is not refundable if the sign is not returned or is returned but damaged. (B) If the sign is lost during the posting period, the original sign fee of $230.00 will not be refunded and a new sign fee of $230.00 will be charged. (3) The fee for the transfer of an accessory apartment license is $250.00. (a) An owner must file a completed license application on a form provided by the Department which will require at least the following supporting documents to be submitted with the application form: (1) Evidence of primary residence as specified in Section 29-19(b)(1)(B). (2) A drawing of the dimensions of the single family dwelling, including the dimensions and location of the proposed accessory apartment. (3) A drawing or photograph with the dimensions and locations of the proposed parking spaces. (4) An affidavit from the owner attesting that the owner will continue to use the property as the owner’s primary residence after obtaining an accessory apartment license. (5) An affidavit from the owner attesting that the total number of occupants residing in the accessory apartment who are 18 years or older will be limited to 2. (6) The filing fee, license application fee, and sign fee established by this Regulation. (b) The Director will review the application for completeness and will send a notification by regular mail or electronic mail about whether the application was accepted by the Department or whether the application will be returned to the applicant. Returned applications will contain all filing fees and an explanation about why the application is being returned. (c) The Director will inspect the property and the proposed accessory apartment for compliance with the provisions of Chapter 26 and in Section 59-A-6.20 of the Montgomery County Code. (d) When the Department has determined the application is complete, the owner must erect a sign furnished by the Department. A determination by the Director that an application is complete is not a determination about whether the proposed accessory apartment satisfies the zoning requirements in Section 59-A-6.20 or the requirements of Chapter 26. (1) Unless otherwise provided by the Department, the sign must be erected on the property in a place visible from each public road which abuts the property, as determined by the Department. (2) Unless otherwise provided by the Department, the sign must be erected so that the bottom of the sign is at least 2 ½ feet from the ground. The sign will be of such material and color or colors as the Department specifies, with the height and width of not less than 2 and 3 feet, respectively, and must contain in conspicuous lettering not less than 2 ½ inches in height the following: (A) Inform the public of a pending accessory apartment application with the application’s reference number. (B) Provide the Department’s website address for information about the application and information on filing an objection to the application. (C) Provide a telephone number to contact the Department regarding the status of the application. (3) The sign must be posted within 5 days of the acceptance of the application by the Department and remain posted for at least 30 days after the issuance of the Director’s report with the Director’s findings concerning the application. (4) Before a Class 3 accessory apartment license is issued, the owner must provide a signed affidavit attesting that the sign was posted in compliance with this Regulation. (5) The sign must be returned to the Department within 15 days after the end of the posting period for a partial refund of the sign fee. (6) Failure to post the sign in accordance with this Regulation will result in the return of the application and filing fees and the Director denying the proposed accessory apartment. (e) The Director will issue a report on all findings required by this Regulation concerning the proposed accessory apartment within 30 days of the Department’s acceptance of the application. A copy of the report will be sent to the owner by regular mail or electronic mail and posted on the Department’s website. The owner or any aggrieved party may file objections to the Director’s report with the Office of Zoning and Administrative Hearings within 30 days under the provisions of Chapter 29-26(b)(3). (f) The Director will issue or deny a new license 30 days after the issuance of the Director’s report. (1) If any repairs or improvements are required before the license may be approved, they must be completed within 30 days of the Director’s report or the application may be denied and the license and application fees forfeited. The Director may waive or extend the 30 day requirement at the Director’s discretion. Any waiver or extension of the 30 day period must be in writing. (2) If new construction is required before the license may be approved, it must be completed within 180 days or the application may be denied and the license and application fees forfeited. The Director may waive or extend the 180 day requirement at the Director’s discretion. Any waiver or extension of the 180 day period must be in writing. (g) The Director may renew a license only if the requirements of Chapter 29-19(b)(3) are met. (h) The Director may transfer an accessory apartment Class 3 license once the requirements of Chapter 29-19(b)(5) are met. (i) The Director may invoke an accessory apartment Class 3 license under the provisions of Chapter 29-25. This regulation sets forth a schedule of fees, and guidelines for assessing those fees, for certain inspections conducted as part of a triennial inspection or an annual inspection of rental housing required under Sections 29-22(a) and 29-22(b) of the Montgomery County Code, and inspections of rental housing conducted as part of a corrective action plan under Section 29-22(c) of the Code. Unless defined below, all terms herein have the same meanings as those in Chapter 29 of the Code. (a) Initial Inspection means the first inspection of rental housing within each three year period under Section 29-22(a). (b) Initial Inspection Date means the date of an Initial Inspection, and the date from which any inspection fees are calculated. (c) Multifamily Dwelling Unit means “dwelling unit, multifamily” as defined in Chapter 29 of the Code. (d) Second Inspection means an inspection following an Initial Inspection to determine whether violations identified by the Department during the Initial Inspection have been corrected. (e) Subsequent Inspection means any inspection conducted after an Initial Inspection, including a Second Inspection, Third Inspection, Fourth Inspection, and so forth, that is required to determine whether violations identified by the Department during prior inspections have been corrected. (f) Third Inspection means an inspection after the Second Inspection to determine whether any violations identified by the Department during the Initial Inspection or Second Inspection have been corrected. (a) The Department shall bear the cost of an Initial Inspection and a Second Inspection for rental housing required to be inspected within each three-year period under Section 29-22(a). If, after a triennial inspection, the Department determines that rental housing requires a corrective action plan under Section 29-22(c), the Landlord must pay, as provided in the fee schedule below, for each re-inspection following the Initial Inspection and Second Inspection performed as part of the triennial inspection. (b) If, within a three-year period, the Department is required to conduct Subsequent Inspections after the Second Inspection because the violations identified by the Department during prior inspections have not been corrected, the Department shall charge a fee to the Landlord according to the following fee schedule: (1) The fee for the Initial Inspection is $0; (2) The fee for the Second Inspection is $0; (3) The fee for the Third Inspection is $100 for the Apartment Complex and an additional fee of $25 for each Multifamily Dwelling Unit that must be re-inspected; (4) The fee for the Fourth Inspection is $200 for the Apartment Complex and an additional fee of $50 for each Multifamily Dwelling Unit that must be re-inspected; (5) The fee for the Fifth Inspection is a $500 for the Apartment Complex and an additional fee of $125 for each Multifamily Dwelling Unit that must be re-inspected; (6) The fee for the Sixth Inspection, and any Subsequent Inspections after the Sixth Inspection, is $1,000 for the Apartment Complex and an additional fee of $250 for each Multifamily Dwelling Unit that must be re-inspected. (c) In addition to the Inspection Fees, a Landlord that fails to correct violations identified by the Department during an inspection may be subject to the revocation of the Landlord’s rental license as provided in Section 29-25 of the Code. (d) The Department may take legal action to collect any fees assessed against a Landlord under this regulation. A Landlord that fails to make timely payment of any fees assessed under this regulation may also be subject to the revocation of the Landlord’s rental license as provided in Section 29-25 of the Code. (a) Inspection notice. The Department shall mail notice of an Initial Inspection to a Landlord of rental housing required to be to be inspected by the Department under Section 29-22 of the Code. The notice shall be mailed to the address provided by the Landlord in its application for a rental housing license. After providing the notice, the Department and the Landlord shall establish a mutually agreed upon date or dates for an Initial Inspection of the rental housing. (b) The inspection notice must contain: (1) The contact information for the Department’s inspector assigned to the inspection; (2) The name and street address of the rental housing to be inspected; (3) The percentage of Multifamily Dwelling Units in the rental housing that will be inspected as part of the Initial Inspection; (4) A notice that the Landlord must, at least 72-hours prior to the date of the Initial Inspection, provide notice to all tenants in the rental housing that the Department will be inspecting the rental housing; (5) Any other information that the Department determines to be relevant. (c) Improper tenant notice. If, at an Initial Inspection, the Department determines that tenants of the rental housing have not received from the Landlord at least 72-hours’ notice prior to the Initial Inspection, the Department shall inspect only the exterior and common areas of the rental housing during the Initial Inspection and the Department and the Landlord shall establish a new, mutually agreed upon date for a Second Inspection. Fees for all inspections of the rental housing following the Second Inspection shall be charged according to the fee schedule in Section 29.20.02.03. (d) At its discretion and based upon the Department’s findings during an Initial Inspection, the Department may increase the percentage of Multifamily Dwelling Units inspected from that stated in the inspection notice without giving advanced notice to the Landlord. (e) During any inspection of rental housing by the Department, the Landlord must provide access to all of the rental housing’s common areas, service areas and the Multifamily Dwelling Units designated by the Department. (f) Second Inspection. If violations are found during an Initial inspection, the Department shall direct the Landlord to correct the violations by a specified date, such date being designated as the Second Inspection. (g) If the Landlord is unable to provide the Department access to any Multifamily Dwelling Unit, common area or service area during an inspection, the Landlord must provide access to that Multifamily Dwelling Unit, common area or service area on the date the Department conducts a Subsequent Inspection. If the Department finds a violation in the previously inaccessible areas during a Subsequent Inspection, which requires the Department to schedule an additional inspection to verify that the violation has been corrected, the Landlord shall be charged according to the fee schedule in Section 29.20.02.03. (h) If, during a Subsequent Inspection, the Department finds a new violation in any Multifamily Dwelling Unit, Common Area or Service Area that was previously inspected and which requires the Department to schedule an additional inspection to verify that the violation has been corrected, the Landlord shall be charged according to the fee schedule in Section 29.20.02.03. (a) If, during a Second Inspection, the Department finds that the Landlord has not corrected one or more violations identified by the Department at the Initial Inspection, a civil citation may be issued to the Landlord unless the Director, in the Director’s discretion, determines that the Landlord’s failure to correct a violation was due to circumstances beyond the control of the Landlord. In this case, the Department shall conduct a Third Inspection of the rental housing, but may waive the fee. Examples of factors beyond the control of the Landlord include, but are not limited to, material or supplies to correct the violation are on back-order, repairs cannot be made due to seasonal conditions, or a lack of cooperation by a tenant. (b) For a fee waiver to be granted, the Director must determine that the Landlord has made a good faith effort to correct violations by the Second Inspection, as demonstrated by at least fifty percent (50%) of the violations identified during the Initial Inspection have been corrected. (c) For a fee waiver to be granted, the Landlord must provide documentation, acceptable to the Director, substantiating the reason for the Landlord’s delay in correcting violations, documenting the Landlord’s good faith efforts since the Initial Inspection to correct all violations, including but not limited to providing the Director executed contracts for services and labor and invoices for materials and supplies, and providing the Director with a good faith plan, including a reasonable timeframe, to correct all remaining violations by the Third Inspection. (d) A Landlord’s failure to comply with the requirements of this Section 29.20.02.05 may result in the Department issuing civil citations and charging the Landlord for any inspection fees that would have been charged at the time of the Third Inspection.

Landlords have the legal responsibility and obligation to correct violations of Chapter 26 of the County Code in an expeditious manner in order to provide decent, safe and sanitary housing for the use and enjoyment of their tenants. In cases where the Department has determined that the landlord has failed to meet this responsibility and obligation, Montgomery County has adopted a remedy available to tenants to correct a violation and deduct the reasonable cost of the repair, up to one month’s rent, from the tenant’s rent. This remedy is in addition to any other remedies available under State and County law, and may be used to correct any type of violation subject to the following regulations. Unless defined below, all terms herein have the same meaning as in Chapters 26 and 29 of the County Code. (a) Life and Safety Violation is any violation listed in Section 29-22(b) of the County Code, Inspection of Rental Housing, any violation with a high severity rating as required in Section 29-22(c) as criteria for a troubled property, and any violation that creates an unfit dwelling or severe condition as defined in Chapter 26, Housing and Building Maintenance Standards. (b) Reasonable and Specified Time to Correct means that legally required period of time under Chapters 26 and 29 of the County Code after a landlord is issued a notice of violation during which the landlord has the responsibility, obligation, and opportunity to correct the violation. (c) Repair and Deduct Provision means the remedy available to tenants as provided for and described in Chapter 29, Section 22(f)(1) of the County Code. (a) For life and safety violations, the landlord shall be given 24 to 48 hours from the time the notice of violation is issued to correct the violation, with the specific time frame being determined by the nature of the violation. (b) For violations that do not threaten the immediate life and safety of the tenant, the landlord shall generally be given between 15 and 30 days from the time the notice of violation is issued to correct the violation, with the specific time frame being determined by the nature of the violation. (c) In cases where the Department finds any violation for which it has previously issued citations on two or more occasions within the preceding twelve-month period, the Department shall give the landlord no more than 48 hours to correct the violation. (a) The use of the Repair and Deduct Provision may only be initiated following an inspection by the Department and the issuing of a notice of violation to the landlord. (b) The Department shall provide written notification to the landlord of the availability and scope of the Repair and Deduct Provision at the time a notice of violation is issued. (c) If, upon expiration of the Reasonable and Specified Time Period to Correct contained in the notice of violation, the Department finds that the violation has not been corrected as required under the Department’s order, the Director may authorize the tenant to use the Repair and Deduct Provision. (d) A tenant may use the Repair and Deduct Provision only after receiving written authorization from the Director, along with a copy of this executive regulation. The authorization must specify the exact violation or violations for which the authority is being granted to the tenant. The Department must provide a copy of said authorization, along with a copy of this executive regulation, to the landlord via hand delivery and/or the use of certified mail, return receipt requested. (e) In determining whether or not to authorize a tenant to use the Repair and Deduct Provision, the Director shall consider the following factors: (1) Whether or not the complaining party is the tenant under the lease; (2) Whether or not the tenant has granted the landlord and/or the landlord’s contractors the necessary entry to correct the violation, as required under the lease, provided that the landlord issued the notice of entry to the tenant required under the lease; (3) Whether or not the violation was deliberately caused by the tenant in order to initiate or claim rights under the Repair and Deduct Provision, or to claim other rights under Chapters 26 or 29 of the County Code; (4) Whether or not the correction made by a landlord meets the standard required by law as determined by the Department, regardless of whether or not a tenant believes the corrective action is satisfactory or sufficient; (5) Which party is responsible for correcting the violation, under the lease; and/or (6) Whether or not the tenant is current in the payment of rent to the landlord. (f) If a dispute exists as to the presence of one or more of the above circumstances, the Director shall refer the complaint to the Office of Landlord Tenant Affairs, or to the Commission, for investigation and further action. Such action may include a recommendation to the Director to authorize a tenant to use the Repair and Deduct Provision. (g) The Repair and Deduct Provision shall not be authorized for items that are solely cosmetic or aesthetic, such as a new paint color, new cabinets, or new carpeting, unless repairs to or replacement of these items is attendant to and required to correct a violation. (h) The Repair and Deduct Provision shall not be authorized for the replacement of heating and/or cooling systems or appliances unless such replacement is required to correct a violation and there are no other reasonable corrective actions available. (i) The Repair and Deduct Provision shall not be authorized for the purpose of making major capital improvements to the dwelling unit or property unless such improvement is required to correct a violation and there are no other reasonable corrective actions available. (j) The Repair and Deduct Provision may not be used to withhold rent to pay for the cost of repairs for which the landlord would have been able to charge the tenant, such as the repair of a violation or other damage that was intentionally caused by the tenant or damage that is due to the tenant’s negligence. (k) The Repair and Deduct Provision shall not supplant the existing and mutually agreed upon terms of the tenant’s lease. (l) The use of the Repair and Deduct Provision does not prohibit the Department from issuing a citation to the landlord for failure to correct a violation under Chapter 26 of the County Code, or for taking other remedial actions such as revoking the landlord’s rental license under Section 29-22(f)(2) of the County Code. (a) In selecting a contractor, the tenant may choose a general home improvement contractor with the ability to make a wide range of repairs, including repairs to the existing violation experienced by the tenant, or a contractor that specializes in repairs to the existing type of violation. (b) The tenant must select a contractor licensed to do business in the State of Maryland (including a Maryland Home Improvement License and any other license specific to the contractor’s specialty) to perform any corrective action under the Repair and Deduct Provision. The Maryland Home Improvement Commission (MHIC) within the Maryland Department of Labor, Licensing and Regulation (DLLR), maintains an internet website with information for consumers on home improvement contractors, including a resource to verify whether or not a general contractor or specialized contractor (e.g. electrician, plumber, HVAC) is licensed in the State. The MHIC website is: https://www.dllr.state.md.us/license/mhic/ (c) The Better Business Bureau of Greater Maryland (https://www.bbb.org/greater- maryland/accredited-business-directory ) provides to the public list of contractors accredited by that organization. (d) The tenant shall attempt to solicit the lowest responsible and responsive bid to correct the violation. (e) The tenant may only deduct the cost of the repair of the specific violation designated in the Director’s letter, up to one month’s rent. The tenant may not deduct the cost of any other repairs or work performed by the contractor. (f) The tenant or the tenant’s contractor is responsible for securing any necessary permits, paying any fees, and arranging any inspections by the appropriate permitting officials, which are separate from any inspections performed by the Department. (g) The tenant must request and maintain documentation to be provided to the landlord and the Department upon request. Information to be documented includes: (1) A copy of the Director’s letter of authorization permitting the tenant to proceed with contracting for the specific repair at issue; (2) Information on the number and cost estimates of the bids received, if applicable; (3) Contact and business license information for the contractor selected, and the amount of payment to the contractor for the work performed, including associated costs such as cost of materials, labor, permitting or inspection fees, etc.; (4) A description of the specific repair that was made; and, (5) Copies or information on any warranties from the contractor on the work performed. (a) Upon completion of the repair, the tenant must contact the Department to conduct an inspection to verify whether or not the violation has been corrected in a workmanlike manner. Once the Department finds that the violation has been sufficiently corrected, the tenant shall provide the documentation listed in Section 29.22.01.05, and a copy of the tenant’s current lease showing the tenant’s rent, to the Department for review. (b) Within 14 days of the Department’s inspection, and upon the Director’s determination of the completeness and sufficiency of the tenant’s documentation, the Department shall provide the tenant with written authorization to withhold the cost of the repair from the tenant’s monthly rent, subject to the terms of Chapter 29, a copy of which shall be forwarded to the landlord. (c) In reviewing the cost of the repair, the Department shall not make any determination as to the reasonableness of the costs claimed besides the determination that the cost does not exceed the amount of one month of the tenant’s rent. (d) In cases where the landlord had abrogated his or her responsibility under the County Code, thereby requiring the tenant to use the Repair and Deduct provision, the Department shall not dismiss the aforementioned notice of violation issued to the landlord, and shall proceed through the established legal process for code enforcement. (a) Disputes related to the use of the Repair and Deduct Provision are between the tenant and landlord. The Director shall refer any disputes related to the exercise of this remedy, including but not limited to the reasonableness of the repair cost or the quality of the workmanship, to the Office of Landlord Tenant Affairs, or to the Commission, for further investigation and action. (b) The Department shall not be a party to any contract for work performed, nor is it responsible to provide funds for the performance of a corrective action. (c) The Department is not liable for the quality of materials provided or the work performed, or for any damage or additional violations that may occur attendant to, or resulting from, the corrective action. The minimum maintenance standards that multifamily rental properties, as defined below, must meet are set forth in Chapter 26 of the Montgomery County Code. When the Department conducts an inspection of a multifamily rental property for compliance with Chapter 26 and all other applicable laws, any violations of the Chapter 26 standards and other applicable laws are noted by the Department without distinction as to the severity of the violation, except those violations cited under Section 26-13 and Section 26-15 of the Code. However, for the purposes of meeting the requirements of Section 29-22(b)(2), the Department categorizes and ranks Code violations identified during Department-scheduled inspections in the order of severity, as outlined in this regulation to determine whether the multifamily rental property is to be designated as a troubled property, an at-risk property or a compliant property as defined in Section 29-22(b)(2). This regulation sets forth a methodology to designate a multifamily rental property as a troubled property, an at-risk property, or a compliant property under Section 29-22(b)(2) of the Montgomery County Code based on the severity and quantity of Chapter 26 violations violations of other applicable laws, and other criteria as outlined in 29.22.02.04 of these regulations. Unless defined below, all terms herein have the same meanings as those in Chapter 29 of the Code. (a) At-risk property means a multifamily rental property that, because of the severity and number of violations under Chapter 26 or any other applicable laws, is at risk of becoming troubled but does not meet the threshold for being designated as a troubled property. To be designated as an at-risk property, the multifamily rental property’s SV or TV Score exceeds the thresholds established by the Department under Section 29.22.02.04. (b) Compliant property means a multifamily rental property whose TV and SV Scores are both below the thresholds established by the Department under Section 29.22.01.04. (c) Corrective action plan means a written multifamily rental property maintenance plan prepared by the landlord of a troubled property, that describes in detail the specific actions that the landlord will take within a specified schedule to both identify and correct existing housing code violations in a timely manner and prevent future housing code violations to the greatest extent possible. (d) Department-scheduled inspection means an inspection scheduled by the Department as required under Section 29-22 of the Code. (e) Multifamily rental property means any apartment complex/building or other multifamily building, including duplexes that are offered for rent as personal living quarters whose owner is required to obtain a Class 1 rental housing license under Section 29-16 of the Code. (f) Quarterly tenant work request logs are records of all open, pending, and completed tenant or other work requests kept by landlords to track work requests, including the date or time that the work request was submitted, the specific nature of the work request, and for completed work, the time that the work was completed, and details of what work was done to satisfy the request. (g) Requested inspection means an inspection requested by a landlord whose multifamily rental property has received a troubled or at-risk designation for the purpose of obtaining a change to the property’s designation when the landlord believes that violations identified during a Department-scheduled inspection have been corrected. (h) Severity of Violations Score or SV Score is a criterion used to assess the violations found in rental housing, calculated using the methods set forth in 29.22.02.04. (i) Total Number of Violations or TV Score is a criterion used to assess the violations found in a multifamily rental property, calculated using the methods set forth in 29.22.02.04. (j) Troubled property means a multifamily rental property whose TV and SV scores both exceed the thresholds established by the Department under Section 29.22.01.04 or where at least 20 percent of the property’s units contain extensive and visible mold growth or have an infestation of insects, rodents or other vermin. (k) Unsafe conditions mean a failure by the landlord or tenant to maintain all or a portion of a multifamily rental property in a safe and sanitary condition. Unsafe conditions include, but are not limited to, fire safety hazards, physical hazards, environmental hazards, pest infestations, and security issues. (a) Health and safety violations. Health and safety violations are Code violations that present an imminent or immediate risk to tenants including, but not limited to: (1) those violations listed in Section 29-22(b)(1) of the Code; (2) violations that cause the Department to condemn a unit or property as unfit for human habitation under Section 26-13 of the Code; (3) missing, disabled, or non-functioning smoke detectors; (4) broken entrance doors and/or missing or broken locks; (5) HVAC system not maintaining a temperature of at least 68 degrees in heating months; (6) health and safety relate unsafe conditions; or (7) HVAC system not maintaining a temperature of no more than 80 degrees in cooling months. (b) Higher priority violations. Higher priority violations are generally those that do not present an imminent or immediate risk to tenants’ health or safety, but require more substantial and expensive repairs, including but not limited to: (1) damage to interior doors and/or door locks; (2) major wall damage; (3) the limited presence of mold that does not meet the standard set in Section 26-13(a)(3) of the Code; (4) overcrowding; (5) infestation not rising to the level established in Section 29-22(b)(1)(a); (6) non-functioning or inadequately functioning major appliance, such as a refrigerator not cooling, or a stove not heating, to the required temperature; (7) other damage to windows not related to egress; (8) missing address indicators; or (9) high priority unsafe conditions. (c) Medium priority violations. Medium Priority Violations are generally those related to ongoing maintenance issues including, but not limited to: (1) faucet leaks and other non-emergency plumbing repairs Faucet leaks and other non-emergency plumbing repairs; (2) minor wall or tile repairs that may allow water infiltration or access by rodents or insects; (3) carpet or floor damage that may cause trip or other hazards; (4) deteriorated refrigerator gaskets; or (5) HVAC system requiring general maintenance. (d) Lower priority violations. Lower priority violations are generally those of a superficial or cosmetic nature including, but not limited to: (1) interior walls and ceilings requiring general painting, scraping and preparation; (2) lights and light covers in need of repairing or replacing that do not cause electrical or other hazards; (3) window blinds in need of repairing or replacing; (4) superficial carpet or floor damage (5) broken or damaged toilet seat; (6) broken or damaged bathroom towel rack and/or toothbrush holder; or (7) bathtub in need of re-glazing and/or repairing grout and caulking. (a) After an inspection of a multifamily rental property and based on the inspection findings, the Department must calculate the SV and TV Scores to be assigned to each multifamily rental property (b) Severity of Violations (“SV”) Score. The Severity of Violations score must be based on the following point system: (1) five (5) points for each health and safety violation found; (2) three (3) points for each higher priority violation found; (3) two (2) points for each medium priority violation found; and (4) one (1) point for each lower priority violation found. (c) The Department will assign the appropriate point value to each violation based on its severity and will add the points together to calculate the total number of points. The Department will then divide this total number of points by the total number of violations found in the multifamily dwelling units inspected to determine an average number representing the average severity per violation identified in the inspection process. This average will then be multiplied by the percentage of inspected units affected by violation, to calculate a final Severity of Violations ("SV") Score that reflects the proportional severity of violations across the inspected units. (d) Total Violations ("TV") Score. The Department will divide the total number of violations found in the rental housing by the total number of multifamily dwelling units inspected to determine an average number of violations per unit which will be the Total Violations ("TV") Score for that rental housing. (e) The Department will, within 30 days after completion of the analysis,: (1) ascertain whether a property will be designated as a troubled property, at-risk property, or compliant property, and the TV Score and SV Score for each multifamily property will be evaluated based on the TV Score and SV Score thresholds established by the Department. The TV and SV score thresholds are set at 2.0 and 1.5, respectively; (2) if a multifamily rental property exceeds both the TV score and SV score thresholds, the property will be classified as a troubled property. Additionally, a multifamily rental property will be automatically designated as a troubled property if, as a result of an inspection, the Department determines that 20 percent or more of the property’s units have mold or an infestation of insects, rodents, or other vermin. Troubled properties are subject to annual inspections, the submission of a corrective action plan, and the submission of quarterly tenant work request logs; (3) if a multifamily rental property exceeds only one of the designated thresholds with either its TV Score or its SV Score, the property will be classified as an at-risk property. At-risk properties may be subject to more frequent inspections by the Department to monitor their conditions and encourage landlords to avoid being designated as a troubled property during future inspections; (4) if neither the TV nor the SV score of the multifamily rental property is above the designated threshold, the property will be designated as a compliant property; (5) if a multifamily rental property is designated as a troubled property or an at-risk property, the notice to the landlord will include supporting documentation to support or explain that designation. The written notice will also include: A. the date established by the Department of the upcoming Department-scheduled inspection; B. for troubled multifamily rental properties, the requirement for, and description of, a corrective action plan which must be submitted to and approved by the Department; C. for troubled multifamily rental properties, the requirements of Section 29-22(e), including the requirement to submit quarterly maintenance logs to the Department, effective as of the date of the written notice; D. the requirements under paragraphs (7) and (8) for the landlord to submit a request to have the multifamily rental property inspected sooner than the next Department-scheduled inspection; and E. the remedies available under Section 29-25 and Section 26-l 6 of the Code if the landlord fails to comply with the requirements of all applicable laws. (6) The Department will inspect every troubled property at least once within the succeeding 12-month period, as measured from the date all previously identified violations from the most recent inspection of the rental housing complex have been corrected and the case file for that property is closed. So long as the multifamily rental property remains a troubled property, the Department will inspect the multifamily rental property at least once within each succeeding 12-month period until the original Department-scheduled inspection for the fiscal year yields a result where the rental housing is no longer designated as a troubled property. Rental housing that is designated as at-risk may continue to be inspected on a more frequent basis. (7) A multifamily rental property that has been designated as a troubled property may have that designation removed after the Director determines that the landlord has corrected all of the violations identified during the initial inspection, the landlord successfully completed the corrective action plan for the rental housing, that two quarters of quarterly tenant work request logs indicate the landlord’s proper maintenance of property and that a subsequent inspection by the Department occurs and yields results that do not qualify the property as being troubled. The landlord may request an inspection sooner than the next Department-scheduled inspection only after the Department has verified that the landlord has corrected all the violations identified during the initial inspection and after the Department has received and approved the corrective action plan, as well as two quarters of quarterly tenant work requests. For the troubled designation to be removed, the TV and SV Scores resulting from the requested inspection or the next Department-scheduled inspection must not be above the designated threshold. (8) A multifamily rental property that has been designated as an at-risk property may have that designation removed after the Director determines that all violations identified during the initial inspection have been corrected and that a subsequent inspection occurs, yielding results that do not qualify the property as being designated as at-risk. The landlord may request an inspection sooner than the next Department-scheduled inspection only after the Department has verified that the landlord has corrected all violations identified during the initial inspection. For the at-risk designation to be removed, the TV and SV Scores of the requested inspection or the next Department-scheduled inspection must not be above the designated threshold. (9) The Department will schedule and perform requested inspections as soon as feasible, taking into account the Department’s responsibility to conduct emergency inspections, previously scheduled inspections, the size of the property, and other Departmental inspection needs. (10) In order for a troubled or at-risk property not to be subjected to Rent Stabilization rent increase restrictions, the property must achieve a designation as a compliant property after a requested inspection or the next Department-scheduled inspection. (11) Landlords that apply for requested inspections will be charged fees in accordance with COMCOR 29.20.02.03.

A. Authority. In accordance with the authority conferred under Chapter 29, Section 29-27 of the Montgomery County Code, 2014 (hereinafter referred to as the “Code”), as amended, the County Executive hereby promulgates this regulation to implement County law pertaining to the rights and responsibilities of tenants as set forth in Chapter 29 of the Code. B. Applicability. This regulation applies to all leases for rental housing in Montgomery County. A residential lease must include a list of tenant rights and responsibilities that is consistent with the following form: LEASE SUMMARY This summary is mandatory under Section 29-27(w) of the Montgomery County Code. It presents key terms of the attached lease and summarizes tenant rights and responsibilities under applicable laws and as described in the lease. It also provides information about services available to tenants from the Montgomery County Department of Housing and Community Affairs and the Commission on Landlord-Tenant Affairs. Approved by Montgomery County Office of Landlord-Tenant Affairs, 240-777-0311 www.montgomerycountymd.gov/olta Tenant’s Name: ______________________ Landlord’s Name ___________________________ Authorized Occupants are: ________________________________________________________ Property Address: _______________________________________________________________ Agent’s Name _______________________ Landlord’s address: _________________________ Primary contact’s phone number: __________; In case of emergency contact: __________ Lease Date: ________________ Term (1yr [ ], 2yr [ ], month-to-month [ ], other [ ]) Rent: $________ /mo. 1st year; $________ 2nd year; Total Amount for Lease Term: $________ Term ______ to ______ Pro-Rata $__________ Dates ______ 2-Year Lease Offer. I was offered and accepted [ ]; rejected [ ] a 2-year lease. If a 2-year lease was not offered, a written explanation as to why is attached to the lease. Amenity Fee*: (1x only), Amenities __________ Rent Due Date: __________ Late Fee: (after 10 days -5% of rent due) $___________; THIS IS NOT A GRACE PERIOD Returned Check Fee: $35.00 (or maximum amount allowed by law) Utilities. Tenant is responsible for the following utilities: gas []; electric []; water and sewer []; telephone []; cable []; Other______. Security Deposit (including pet deposit): $__________. Pets. The Tenant is not allowed to keep pets on the property without the express written consent of the landlord. Pets allowed: Yes [] No []; Type of Pet(s) ______Weight ______ License No(s) ______ Insurance. Landlord’s insurance policy does not provide coverage for a tenant’s personal belongings. For this property, Renter’s Insurance is: recommended []; required []. * An amenity MUST exist for this fee to be charged; Does not apply to MPDU tenants TENANTS’ RIGHTS Tenants have the right to: > Receive at least 24 hours-notice prior to a landlord/agent/contractor entering the premises, except in cases of emergency; > Receive 72 hours-notice prior to annual/biannual or triennial inspections from County Code Enforcement; > Sublet with written permission from the landlord if it is not prohibited by the home-owner’ > Review the proposed lease at any location of your choosing, prior to signing said lease; > Make repairs with permission of the DHCA Director, after notice to the landlord and DHCA’s issuance of a civil citation, and deduct the cost from the rent (up to the equivalent of one month’s rent) if the landlord fails to make required repairs as ordered by DHCA in the required timeframe**; > Receive a copy of the current Landlord-Tenant Handbook at move-in unless you decline a copy and accept referral to a copy on the County website; > Be given all information required under the Public Utilities Article of the Maryland Code and applicable COMAR provisions governing electric and gas sub-meters and energy allocation systems if the tenant(s) is paying for gas and electricity in a building built prior to 1978; > Receive at least 90 days-notice of any proposed rent increase. > Form, join, meet, or assist one another within or without tenant organizations; to meet and confer with the landlord with assistance from a representative if the tenant so chooses; > Have access to meeting rooms and other tenant accessible areas suitable for meetings within the property during reasonable hours and notice to the landlord to hold tenant organization meetings; > Have the first tenant organization meeting of each month free of any room reservation fees; any meetings after that are subject to the regular fee charged for reserving this area by the property; > Distribute freely and post in central locations of the property, literature concerning Landlord-Tenant issues, if the origin of the literature is properly identified; > Call the Office of Landlord-Tenant Affairs (240-777-0311) should they have any questions regarding Landlord-Tenant law; and > File complaints with the Office of Landlord-Tenant Affairs (240-777-0311) individually or as a group. * This pertains to violations that are a threat to health and safety ONLY TENANTS’ RESPONSIBILITIES Tenants are responsible for: > Obtaining prior written approval from the landlord before keeping any pets on the premises; > Maintaining the property in a clean, safe and sanitary condition; > Using the property for orderly and lawful purposes by yourself, authorized occupants and guests; > Reporting any problems requiring repair or replacement to the landlord in writing, in a timely manner, and paying any costs incurred due to abuse or negligence by the tenants, guests or other authorized occupants; > If renting in a common ownership community, complying with all rules, regulations and notices of the common ownership community. The landlord must furnish a copy of these rules at move-in; > Obtaining the landlord’s prior written approval before subletting the property; > Requesting to be present during a move-in or move-out inspection; > Removing all personal property at move-out, leaving the property in broom-clean condition, ordinary wear and tear, and returning all keys. DHCA SERVICES > Mediate disputes between landlords and tenants; > Investigate and resolve formal complaints from tenants and landlords; > When a resolution is not forthcoming, refer the complaints to the Commission on Landlord-Tenant Affairs (COLTA) for adjudication; > Approve rental housing licenses; > Inspect rental properties to ensure compliance with all applicable housing codes; > Answer questions from the public regarding Landlord-Tenant issues, Licensing and Registration, Housing Code Enforcement, affordable housing and any other housing issues; and > Maintain a website that has access to numerous printed and downloadable publications: www.montgomerycountymd.gov/olta If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

Leases for single family rental units may, after August 12, 1992, pursuant to Section 29-30(a)(3) of the Montgomery County Code, 1984, as amended, include a clause that transfers to the tenant the responsibility for maintenance expenses but not for replacement of or repairs to structural elements of the building, major appliances, or electrical , plumbing, heating, or air-conditioning systems. Should the tenant not handle the maintenance items at tenant's expense, the landlord may handle the maintenance items and charge the tenant for those actual expenses in accordance with this Executive Regulation. Maintenance includes but is not limited to: (a) caulking bathtubs and sinks (b) changing HVAC filters, fuses, batteries and light bulbs (c) clearing gutters, window wells and drainage areas (d) cleaning chimneys, fireplaces and pools (e) cleaning appliances, carpets, floors, tubs, sinks, commodes and generally maintaining the rental unit, garage, shed and any other appurtenances provided as part of the occupancy of the rental unit Major appliances include but are not limited to: (a) stoves and microwave ovens (b) refrigerators and freezers (c) garbage disposals and trash compactors (d) dishwashers, washing machines and clothes dryers (e) window a/c units, humidifiers and dehumidifiers Structural elements are those elements within and attached to the building which include, but are not limited to: (a) roof framing members and system (rafters and trusses) (b) floor and ceiling system (joists; including decks) (c) bearing walls and partitions including such sheathing or other reinforcement necessary to provide rack-bracing (d) columns, lintels, girders and load bearing beams (e) foundation systems and footings (f) all interior stair-carriage systems (g) all necessary materials required for the joining, support, fastening or attachment of the above segments to themselves or one another (h) all components of the exterior building envelope designed to prevent infiltration of water into the structure (paint, shingles, siding, trims) (i) those exterior systems required to permit safe access to the structure including handrailings where required by code (steps, sidewalks and driveways) As of the effective date of this Regulation, should the tenant not handle the maintenance items at tenant's expense, the landlord may charge up to a maximum of $50.00 in actual expenses per maintenance occurrence not to exceed a maximum of $250.00 per annual lease term. This Regulation defines and implements the Required Service Standards in Section 26-7(f)(2) of the Montgomery County Code (Code), and Reasonable Maintenance and Repair of air conditioning as required under Section 29-30(a)(9) of the Code, for air conditioning in rental housing. (a) Reasonable Maintenance and Repair means the timely repair and/or maintenance related installing, servicing or replacing of air conditioning required under Chapters 26 and 29 of the Code and in conformance with the provisions set forth in Section 29.30.02.03 of this Regulation. (b) Required Service Standard means, except when air conditioning requires Reasonable Maintenance and Repair, landlords of rental housing must supply and maintain air conditioning in safe and good working condition that is capable of maintaining a temperature of no more than eighty degrees Fahrenheit (80°F.) in each habitable space at a distance of 3 feet above the floor between June 1 and September 30 of each year. (c) Rental housing is defined under Section 26-7(f)(1) of the Code. (a) A landlord’s requirement to provide Reasonable Maintenance and Repair of air conditioning in rental housing is met if the landlord complies with the following: (1) Regular servicing of air conditioning for rental housing must be accomplished, to the extent feasible, between the months of October and May of each year to ensure that a rental housing’s air conditioning meets the Required Service Standard during June 1 through September 30. (2) If a rental housing’s air conditioning must be serviced or replaced between June 1 and September 30, the landlord must, except in the case of an emergency, notify all of the tenants in advance of such service or replacement and provide an estimate of the time during which the air conditioning will not meet the Required Service Standard. In the event of an emergency, if the air conditioning will not meet the Required Service Standard for more than a 24-hour period, the landlord must provide the tenants with an estimate of the time during which the air conditioning will not meet the Required Service Standard. Any servicing or replacing air conditioning not meeting the Required Service Standard during June 1 through September 30 must be completed within 5 calendar days of the air conditioning not meeting the Required Service Standard unless the landlord requests, and receives, an extension of time from the Director as provided in subsection (c), below. (b) If, after the Department inspects rental housing in response to a complaint or during a regularly scheduled inspection, it is determined that the rental housing’s air conditioning does not meet the Required Service Standard, the landlord must immediately commence repair or replacement of the air conditioning, with such repair or replacement being completed no later than 5 calendar days from the date of the Department issuing a Notice of Violation. (c) A landlord, within the 5 calendar day time frame under subsections (a) and (b). may request an extension of time from the Director when circumstances beyond the landlord’s control prevent the (i) repair of air conditioning or (ii) replacement of air conditioning that becomes inoperable or economically infeasible to continue to operate being completed to meet the Required Service Standard. To request an extension of time, the landlord must submit to the Department a written request for an extension and: (1) Documentation providing that the repairs will be completed to bring the air conditioning to meet the Required Service Standard within 15 calendar days of the landlord’s request, including a copy of a signed invoice or contract with a third-party licensed HVAC contractor or engineer outlining the scope of the repairs, and/or a copy of one or more paid invoices to third-party vendors for parts ordered to make the repairs, accompanied by a letter specifying that the repairs will be completed to bring the air conditioning to meet the Required Service Standard within 15 calendar days of the request. (2) Documentation providing that the installation of new air conditioning units or the installation of a new central air conditioning system will be completed to bring the air conditioning to meet the Required Service Standard within 21 calendar days of the landlord’s request, including a copy of a third party licensed HVAC contractor or engineer that the air conditioning units or the central air conditioning system cannot be repaired, or it is not economically feasible to do so, along with a copy of one or more paid invoices to third party vendors for the replacement of the air conditioning units or the central air conditioning system, accompanied by a letter specifying that the air conditioning units or the central air conditioning system, will be installed and meet the Required Service Standard within 21 calendar days of the request. (d) When determining whether to grant an extension of time, the Director may consider whether or not one or more tenants grants the landlord, and the landlord’s contractors, necessary access into the rental units to correct the air conditioning so that it meets the Required Service Standard. Notice of entry into the rental units must be provided in the manner required under the lease. If the Director finds that one or more tenants fails to provide necessary access, the timeframes in subsection (c) for correcting air conditioning so that it meets the Required Service Standard may be extended until such access is granted. (a) In rental housing that does not have air conditioning, a landlord’s requirement to supply air conditioning in rental housing is met if the landlord installs new air conditioning units or a new central air conditioning system that will meet the Required Service Standard within 30 calendar days from the effective date of this Regulation. (b) If during the Department’s inspection of rental housing in response to a complaint, or during the Department’s regularly scheduled inspection of the rental housing, it is determined that the rental housing does not have air conditioning, the landlord must immediately secure any necessary permits and commence installation of new air conditioning units or a new central air conditioning system that will meet the Required Service Standard within 30 days from the date of the Department issuing a Notice of Violation. (c) A landlord may apply for an extension of time of up to 6 months to comply with the installation of new air conditioning provided the request is made in writing to the Department within 5 calendar days of the Department issuing a Notice of Violation and the Director finds that: (1) The landlord must make electrical upgrades to the rental housing to meet the Required Service Standard; and (2) Making the repairs would cause financial hardship to the landlord.

This regulation provides minimum safety standards and administrative procedures under Section 29-35D of the Code concerning the installation and maintenance of Window Guards in certain multi-family rental housing (i) occupied by children under the age of 11 or (ii) when a tenant makes a written request that Window Guards be installed in the tenant’s unit. A multi-family housing unit is considered occupied by a child under the age of 11 if the child is physically present in an apartment or condominium rental unit, either on a permanent or semi-permanent basis as a member of the tenant’s household, or on a non-permanent but re-occurring or frequent basis. All terms herein have the same meanings as those in Chapter 29 of the Code and are included here for convenience. (a) Department means the Department of Housing and Community Affairs. (b) Director means the Director of the Department of Housing and Community Affairs or the Director’s designee. (c) Landlord means the owner, the owner’s agent, lessor, or sublessor of the dwelling unit authorized to exercise any aspect of the management of the premises, except persons engaged solely in custodial and maintenance functions. (d) Window Guard means a physical barrier, or limiting device such as a window stop, attached to a window to prevent occupants from falling out of the window, as further specified in this regulation. (a) Building Code and permits. All construction, reconstruction, installation, or other work associated with this regulation must be done in accordance with all applicable building codes adopted by Montgomery County and all applicable permits must be obtained prior to commencing work. (b) Installation. A Landlord must strictly follow the instructions accompanying Window Guards to ensure the proper and safe installation of the Window Guards for each specific type of window for which the Window Guard is intended, including the manufacturer’s width and height specifications for the window and the Window Guard. (c) Window Guard condition. All Window Guards used must be in like-new, undamaged condition at the time of installation. (d) Material. Window Guards must be constructed of rigid metal, free of sharp projections, edges, or rough surfaces, and must permit natural light and ventilation to pass through it. (e) Limitations on opening. (1) Window Guards must be constructed and installed to prevent the passage of a solid sphere four (4) inches in diameter at every space and interval, including between rails, bars, slats, and the around the perimeter of the Window Guard. (2) Limiting devices must be installed to prevent a window from opening more than four (4) inches. (f) Minimum weight resistance. At a minimum, Window Guards must bear a one hundred and fifty pound (150 lb.) load at its center span when extended to its maximum width, as specified by the manufacturer. (g) Screws. All Window Guards must be secured with screws made of metal supplied by, or specified by, the manufacturer in order to safely and properly install the Window Guard. Screws must be counter-sunk flush with the stile or stopping device. (h) Coating. The coating on Window Guards must not contain lead-based paint, as certified by the manufacturer. (i) Non-telescoping bars. For Window Guards utilizing non-telescoping bars, there must be a permanent spot weld on at least two (2) of the horizontal bars in order to provide a minimum of two (2) inches overlap when the Window Guard is fully extended. (j) Telescoping bars. For Window Guards utilizing telescoping bars: (1) when the Window Guard is fully extended to the maximum allowable width, there must be a minimum overlap of five (5) inches, or one-third (1/3) of the length of the bar, whichever is greater; and (2) there must be an additional stile or other approved support at the telescopic opening of the outer tubing of the bars that prevents the bars from spreading once the Window Guard is installed. (k) Mounting holes. The stiles must each have at least two (2) mounting holes. If Window Guards are more than fifteen (15) inches in height, additional mounting holes are required to provide a maximum interval of eighteen (18) inches between mounting holes. (l) Fire escapes. Window Guards must not be installed on windows providing access to fire escapes. (m) Structurally sound installation. Window Guards must be installed only in structurally sound (non-rotting) mountings or tracks. (a) Window coverage. Window Guards must regulate or control the full openable area of each window. (b) Mounting L stops. Window Guards must be installed so that the bottom horizontal members are mounted a maximum of four (4) inches above the windowsill; and stops as specified in subsections (c), (d), and (e) below must be installed to limit the opening above the lowest section of the top horizontal bar of the Window Guard to four (4) inches when the bottom window is raised. (c) Limiting devices/window stops. Rigid metal “L” shaped stops must be a minimum of one-half (1/2) the width of the window track. Each side of the “L” shaped stop must be at least two (2) inches long with one side securely fastened to the upper tracks on each side of the bottom window to prevent the bottom window from being raised more than four (4) inches above the lowest section of the top horizontal bar of the Window Guard. (d) Metal strip installation. Where “L” shaped stops cannot be placed in the window track without interfering with the normal operation of the window, a rigid metal strip may be securely fastened across the track of the bottom window to prevent the lower window from being raised more than four (4) inches above the lowest section of the top horizontal bar of the Window Guard. (e) Rigid L stops. In situations where the stops described in (c) and (d) above cannot be used, such as in ballast windows, rigid metal “L” shaped stops may be securely fastened to the frame of the window to prevent the lower window from being raised more than four (4) inches. (a) Casement and other types of windows. Window Guards must be used on casement windows and must fill the entire window opening, limiting the passage of a solid sphere four (4) inches in diameter through every space or interval in the Window Guard. (b) Sliding and pivoting windows. Sliding windows and vertical pivoting windows may use stopping devices as follows: (1) Sliding windows. A solid metal block, measuring at least one-half (1/2) the depth of the window track and one-half (1/2) the width, must be securely fastened to the bottom window track, and a solid metal block or an “L” shaped metal stop must be securely fastened into the upper window track, to prevent the window from opening more than four (4) inches. (2) Vertical pivoting windows. Metal stopping devices must be securely fastened to the upper and lower window frames to prevent the window from pivoting open more than four (4) inches. The height of the stopping devices must extend no less than one (1) inch nor more than two (2) inches beyond the window frame, as needed, to stop the window from opening more than four (4) inches. The protruding edge of the stopping device must be smooth and rounded. (c) Other window types. A Landlord whose buildings include window types not specified in 29.35D.01.04 or 29.35D.01.05 must request a variance from the Department in accordance with 29.35D.02.07. The Landlord must maintain onsite at the rental property, and have available for review by the Department, the following information: an up-to-date inventory of the model(s) of Window Guards used in the rental housing; the location of Window Guards by unit; the number of Window Guards installed in each unit; and a statement indicating that all Window Guards meet the requirements of this regulation. (a) Compliance is infeasible. In limited situations in which a Landlord’s compliance with the Window Guard technical requirements provided in this regulation are structurally infeasible, a Landlord may request that the Director grant a variance from the technical requirements. (b) Requirements of proposed substituted device. In order for a variance request to be considered, the Landlord must demonstrate that the substituted device or devices proposed by the Landlord meet the same criteria and standards of safety prescribed in this regulation, including but not limited to, installing the device safely and securely, limiting the opening of the window to no more than four (4) inches, and preventing the passage of a solid sphere four (4) inches in diameter at every space and interval of the device, including around its perimeter. (c) Variance request in writing. A Landlord must request a variance from the Director in writing. (d) Variance request tor multiple properties. A Landlord desiring a variance for more than one property must submit a separate written request for each property. (e) Variance request requirements. The written request for a variance must be submitted to: Department of Housing and Community Affairs, 1401 Rockville Pike, 4th Floor, Rockville, Maryland 20852, Attn: Director. The written request must include the following information: (1) the name, address, phone number, and email address of the Landlord; (2) the rental license number, address or addresses of the multi-family rental housing for which a variance is being requested, and the type and number of windows involved; (3) a detailed reason for the request, including a description of the condition or conditions warranting the request; (4) a photo and/or mechanical drawing of the window or windows for which a variance is being requested depicting the structural issue necessitating the request; (5) a description, and a photo and/or mechanical drawing, of the proposed alternative device; and (6) if the Landlord is requesting the Director’s consideration of a limiting device, the variance request must also include a sample of the alternative device, along with the hardware for installation. (f) Contents of Landlord certification. The written request must include the following certification, signed by the Landlord: “By submitting and signing this request for a variance under Section 29-35D of the Montgomery County Code, I/we certify that such a variance is necessary due to factors which make compliance with the County’s requirements infeasible. Furthermore, I/we certify that if a variance is approved by the Director, I/we will conduct annual inspections and ongoing monitoring of the device installed to ensure the device’s ongoing integrity and safety.” (g) Director discretion. Approval of a variance request is at the sole discretion of the Director. Approval will be granted only upon a satisfactory finding that a variance is justified and appropriate, and that the granting of a variance will ensure that all safety requirements herein are met. (h) Limitations on variance. If approved, a variance may be granted for a limited period of time. The continued appropriateness of the variance will be subject to review, renewal, or retraction by the Director at the expiration of the prescribed time period. The Director may require documentation from the Landlord supporting the Landlord’s request to continue the variance. (a) Current tenant notification. A Landlord must notify current tenants in writing of the tenants’ rights relating to Window Guards, on a form prescribed by the Department, by no later than February 1, 2022. Thereafter, tenants must be notified of their rights at least once annually at the earlier of lease renewal or notice of rent increase. The Landlord must inform tenants that they may request a Window Guard at any time, even if the tenant previously indicated that they did not want a Window Guard. (b) New tenants. New tenants must be notified of their rights relating to Window Guards at the time of lease signing. (c) Delivery of tenant notification. A Landlord may deliver the Window Guard notification by any of these delivery methods: in person, by hand delivery to a unit, or by mailing the notice to the unit. A Landlord must document the date and method of delivery of each notice. (d) Tenant responsibility. A tenant must complete, sign, and date the notification form (tenant-executed notification form) and return it to the Landlord within thirty (30) days of receipt. If the Landlord has not received the tenant-executed notification form from a tenant within the required timeframe, the Landlord must deliver an additional notification to the tenant. The Landlord must document the date and method of delivery for each attempted notice. (e) Removing Window Guards. A Landlord may remove a Window Guard from an unoccupied unit, or upon the written request of a tenant if the unit is not occupied by a child under the age of 11.

(a) A landlord of a regulated rental unit must not increase the base rent of the unit more than once in a 12-month period. (b) The annual rent increase allowance governing the first year of a multi-year lease applies to the subsequent lease years. (c) Unused rent increase allowances under (b) may be banked under Section 29-58(a) of the Code. (a) If the landlord of regulated rental units located in a property designated by the Department as Troubled or At-Risk under Section 29-22(b) of the Code meets the following conditions before the property’s next scheduled inspection under COMCOR 29.40.01, the Director must remove the Troubled or At-Risk Property designation. (1) For properties designated as Troubled: (A) all violations identified during the initial inspection must be corrected by the landlord and verified by the Department; (B) the landlord must submit to the Department a corrective action plan, as defined in COMCOR 29.40.01.02(a), that meets the Department’s approval; (C) the landlord must submit a minimum of two quarters of maintenance logs to the Department under COMCOR 29.40.01.04(k)(3); and (D) a reinspection of the property determines that the SV and TV scores do not result in a designation as a Troubled or At-Risk Property under COMCOR 29.40.01. (2) For properties designated as At-Risk: (A) all violations identified during the initial inspection must be corrected by the landlord and verified by the Department; and (B) a reinspection of the property determines that the SV and TV scores do not result in a designation as a Troubled or At-Risk Property under COMCOR 29.40.01. (b) A landlord of a regulated rental unit located in a property designated by the Department as Troubled or At-Risk under Section 29-22(b) of the Code must not increase rent in excess of an amount the Director determines necessary to cover the costs required to improve habitability. If a landlord or a regulated rental unit located in a property designated by the Department as Troubled or At-Risk under Section 29-22(b) of the Code is unable to meet the requirements of COMCOR 29.58.01.02(a), the landlord may submit a fair return application under Section 29-59 of the Code. (1) If the Director approves the fair return application, the landlord may increase the rent on a regulated rental unit in the amount approved by the fair return application while the property is still designated by the Department as Troubled or At-Risk under Section 29-22(b) of the Code. (2) If the Director denies the fair return application, the landlord must not increase the rent on the regulated rental unit while the property is designated by the Department as Troubled or At-Risk under Section 29-22(b) of the Code. (a) If a unit becomes vacant after the effective date of these regulations, the base rent for the unit may be increased up to the banked amount or to no more than the base rent on the date the unit became vacant plus each allowable increase under Section 29-58(a) of the Code. (b) If a regulated rental unit was vacant before these regulations became effective, then upon return to the market, the landlord may set the base rent in the landlord’s discretion. After the unit is leased, the rent for the subsequent lease or lease renewal must be determined by Section 29-58(a) of the Code. (a) A landlord may petition the Director for a limited surcharge for capital improvements under Section 29-58(d) of the Code. (b) Processing of Capital Improvement Petitions. (1) Filing. The Capital Improvements Petition, in the form published by the Director, and one copy of supporting documents, must be filed with the Department. (2) Notice to Tenants of Filing. The landlord must notify each affected tenant of the filing of the Capital Improvement Petition by sending a copy of the Capital Improvement Petition (excluding supporting documentation) by first-class mail and electronic mail, within five business days of the filing. (3) Petition Processing. Within 30 days of receiving a Capital Improvement Petition, the Director must review the Capital Improvement Petition and notify the landlord in writing that (a) the Capital Improvement Petition is complete, or (b) the Capital Improvement Petition is incomplete and identify the missing information or documentation. If the landlord fails to deliver the missing information or documentation to the Director within ten business days of receipt of the notice in (b) above, then the Director may deny the Capital Improvement Petition by written notice to the landlord. (4) Preliminary Decisions. Within 60 days after receiving a complete Capital Improvement Petition, the Director must review the petition and issue a preliminary decision, either approving or denying the petition. The decision must include a reasoning and, if applicable, the allowable surcharge for capital improvements in accordance with the phasing schedule set forth in the Capital Improvement Petition (“Preliminary Approval”). (5) Material Change. If there is any material change in the scope, phasing, pricing, or other matter set forth in the Capital Improvement Petition, the landlord must submit to the Director a supplement to the Capital Improvement Petition (“Supplement”) including any revisions to the recommended surcharge for capital improvements, if any, to be allowed in accordance with the phasing schedule set forth in the Capital Improvement Petition. Within 30 days after receiving the Supplement, the Director must notify the landlord of a decision stating the reasons for the approval or denial of the Supplement, including any revisions to the recommended surcharge for capital improvements. (6) Final Reconciliation. Upon completion of the capital improvements set forth in the Capital Improvement Petition or upon completion of the capital improvements applicable to any phase set forth in the Capital Improvement Petition, the landlord must submit a final reconciliation package to the Director identifying the actual costs of the completed capital improvements with supporting documentation and a recalculation of the surcharge for capital improvements (“Reconciliation Package”). Within 30 days after receiving the Reconciliation Package, the Director must issue and notify the landlord of a decision identifying the approved surcharge for capital improvement by unit applicable to the completed project or phase. (7) Notice to Tenants of Decision. The landlord must by first class mail and electronic mail, notify all affected tenants of the decision within 5 business days of the receipt of the decision. (c) Except as provided in (d), the landlord must not recover the cost of a capital improvement through a rent surcharge under Section 29-58(d) of the Code if a landlord makes the improvement to a rental unit or a housing accommodation before the approval of a Capital Improvement Petition. (d) A landlord who makes a capital improvement without prior approval of a Capital Improvement Petition may recover the cost of the improvement under Section 29-58(d) of the Code, following the approval of the Petition, only if the capital improvement was immediately necessary to maintain the health, safety, and security of the tenants and the Petition was filed no later than 30 days after the completion of all capital improvement work. (e) A landlord must file a Capital Improvement Petition certifying: (1) that the subject improvements are capital improvements; (2) whether the capital improvements are required under federal, state, or County law; (3) that the capital improvements do not include the costs of ordinary repair or maintenance of existing structures; (4) that the capital improvements would protect or enhance the health, safety, and security of the tenants or the habitability of the rental housing; (5) whether the capital improvements will result in energy cost savings that will be passed on to the tenant and will either result in a net savings in the use of energy in the rental housing or are intended to comply with applicable law; provided, however, that energy cost savings are not required for capital improvements to qualify for a surcharge for capital improvements; (6) the basis under the federal Internal Revenue Code for considering the improvement to be depreciable; (7) the estimated costs of the capital improvements, including any interest and service charge; (8) the dollar amounts, percentages, and time periods computed by following the instructions listed in (f); (9) all regulated units are properly registered and licensed with the Department; and (10) the planned phasing schedule for the capital improvements, if applicable. (f) The Capital Improvement Petition must contain comprehensive calculations for the following in accordance with this section and in accordance with the phasing schedule, if applicable: (1) the estimated total cost of a capital improvement calculated in accordance with the phasing schedule, if applicable; (2) the dollar amount of the surcharge for capital improvements for each regulated rental unit in the rental housing and the percentage increase above the base rents charged as of the date of the Capital Improvement Petition; and (3) the estimated duration of the surcharge for capital improvements and its pro-rated amount in the month of the expiration of the surcharge. (g) The total cost of a capital improvement must be the sum of: (1) any costs actually incurred, to be incurred, or estimated to be incurred to make the capital improvement, in accordance with (i); (2) any interest that must accrue on a loan taken by the landlord to make the capital improvement, in accordance with (j); plus (3) any service charges incurred or to be incurred by the landlord in connection with a loan taken by the landlord to make the capital improvement, in accordance with (k). (h) The interest and service charge on, “a loan taken by the landlord to make the capital improvement” is the portion of any loan that is specifically attributable to the costs incurred to make the capital improvement, in accordance with (l). The dollar amount of the calculated interest and service charge must not exceed the amount of the portion of that loan. (i) The costs incurred to make a capital improvement must be determined based on invoices, receipts, bids, quotes, work orders, loan documents or a commitment to make a loan, or other evidence of costs as the Director may find probative of the actual, commercially reasonable costs of the capital improvement. The total cost of a capital improvement must be reduced by the amount of any grant, subsidy, credit, or other funding not required to be repaid that is received by a landlord from or guaranteed by a governmental program for the purposes of making the subject capital improvement. (j) The interest on a loan taken to make a capital improvement means all compensation paid or required to be paid by or on behalf of the landlord to a lender for the use, forbearance, or detention of money used to make a capital improvement over the amortization period of the loan, in the amount of either: (1) the interest payable by the landlord at a commercially reasonable fixed or variable rate of interest on a loan of money used to make the capital improvement, or on that portion of a multi-purpose loan of money used to make the capital improvement, as documented by the landlord by means of the relevant portion of a bona fide loan commitment or agreement with a lender, or by other evidence of interest that the Director finds probative; or (2) in the absence of any loan commitment, agreement, or other evidence of interest, the Director may apply the average 52-week Wall Street Journal’s U.S. Prime Rate, as reported by The Wall Street Journal’s bank survey, applied over a seven-year period. The average is calculated as the mid-point between the high and low Prime Rates reported for the 52 weeks immediately before the effective date of the surcharge for capital improvements. (k) For the purposes of (j)(1), if a landlord has obtained a loan with a variable rate of interest, the total interest payable for the purposes of the Capital Improvement Petition must be calculated using the actual rate of the loan over its term, provided that if the Capital Improvement Petition is submitted before the expiration of the loan term, the total interest rate for any unexpired term of the loan must be calculated using the actual interest rate applicable at the time the Capital Improvement Petition was filed. If the interest rate changes over the duration of the loan, any Certificate of Continuation must list all changes and recalculate the total interest on the loan. (l) The service charges in connection with a loan taken to make a capital improvement must include points, loan origination and loan processing fees, trustee’s fees, escrow set-up fees, loan closing fees, charges, costs, title insurance fees, survey fees, lender’s counsel fees, borrower’s counsel fees, appraisal fees, environmental inspection fees, lender’s inspection fees (in any form the foregoing may be designated or described), and other charges (other than interest) required by a lender, as supported by the relevant portion of a bona fide loan commitment or agreement with a lender, or by other evidence of service charges as the Director may find probative. (m) Except when a continuation is permitted in accordance with (s), the duration of a rent surcharge for capital improvements requested or allowed by a Capital Improvement Petition or phase therein must be the quotient, rounded to the next whole number of months, of: (1) the total cost of the capital improvement, in accordance with (g); divided by (2) the sum of the monthly surcharges for capital improvements permitted by Sections 29-58(d)(3) and (4) of the Code on each affected regulated rental unit. (n) A surcharge for capital improvements in the final month of its duration must be no greater than the remainder of the calculation in (m), prior to rounding. (o) A Capital Improvement Petition must include external documents to substantiate the total cost of a capital improvement and must be supplemented with any new documentation reflecting the actual total cost of the capital improvement, until the capital improvements are complete. (p) A Capital Improvement Petition, as filed with the Director, must include a listing of each rental unit in the housing accommodation, identifying: (1) which regulated rental units will be affected by the capital improvements; (2) the base rent for each affected regulated rental unit, and any other approved surcharges for capital improvements; and (3) the dollar amount of the proposed surcharge for capital improvements for each regulated rental unit and the percentage by which each surcharge for capital improvements exceeds the current rents charged as of the date of the Capital Improvement Petition. (q) A decision authorizing a surcharge for capital improvements must be implemented within 12 months of the date of issuance but no earlier than 12 months following any prior rent increase for an affected regulated rental unit; provided that if the capital improvement work renders the unit uninhabitable beyond the expiration of time, the surcharge for capital improvements may be implemented when the unit is reoccupied. The amount of the surcharge for capital improvements must be clearly identified as an approved surcharge for capital improvements in the new lease or in the lease renewal and may not be implemented during the lease term. (r) Not less than 90 days before the expiration of an authorized surcharge for capital improvements a landlord may request to extend the duration of the surcharge for capital improvements by filing an application with the Director and serving each affected regulated rental unit with notice by first-class mail and electronic mail, if, within five business days that the total cost of the capital improvement has not been recovered during the originally approved period of the surcharge for capital improvements and requesting to extend the approval (“Certificate of Continuation”). The application for a Certificate of Completion must be deemed complete when delivered to the Director unless within ten business days after receiving the Certificate of Continuation, the Director notifies the landlord in writing of missing or incomplete information or documentation. If the landlord fails to provide the missing or incomplete information or documentation to the Director within ten business days after receipt of the notice, the Director may reject the Certificate of Continuation. (s) A Certificate of Continuation must set forth: (1) the total cost of the capital improvements as approved by the Capital Improvement Petition, including, if applicable, any changes in the total interest due to a variable-rate loan; (2) the dollar amount actually received by the implementation of the surcharge for capital improvements within its approved duration, including any amount estimated to be collected before the expiration of its approved duration; (3) an accounting of and reason(s) for the difference between the amounts stated in (1) and (2); and (4) a calculation of the additional number of months required, under currently known conditions, for the landlord to recover the total cost of the capital improvements by extension of the duration of the surcharge for capital improvements. (t) The Director must review the Certificate of Continuation and must issue and notify the landlord of a decision either approving or denying the continuation. The Director must only approve the request if the landlord demonstrates good cause for the difference between the amounts stated in (s)(1) and (2). If the Director approves the Certificate of Continuation, the landlord must notify each affected tenant by first-class mail and electronic mail, within five business days of the receipt of the Director’s notice of approval. (u) If the Director does not issue a decision before the expiration of the surcharge for capital improvements, the landlord may continue the implementation of the surcharge for capital improvements for no more than the number of months requested in the Certificate of Continuation. If a Certificate of Continuation is subsequently denied, the order of denial is a final order to the landlord to pay a rent refund to each affected tenant in the amount of the surcharge for capital improvements that has been demanded or received beyond its original, approved duration in which it was implemented, and, if the surcharge for capital improvements remains in effect, to discontinue the surcharge. (v) A surcharge for capital improvements implemented pursuant to an approved Capital Improvement Petition may be extended by Certificate of Continuation no more than once. (w) If a Capital Improvement Petition is denied by the Director, the property may not file a subsequent petition for six months following the issuance of a denial.

A landlord has a right to a fair return as defined by Chapter 29 of the Montgomery County Code. This Regulation establishes the fair return application process. In this Regulation, the following words and terms have the following meanings: (a) Terms not otherwise defined herein have the meaning provided in Article VI of Chapter 29 of the Montgomery County Code, 2014, as amended (“Chapter 29" or “Code”). (b) “Base Year” means the year immediately prior to the year the unit became a regulated unit per requirements of Chapter 29 of the Code. (c) “Current Year” means either the calendar year (January 1st to December 31st) or the fiscal year (July 1st to June 30th) immediately preceding the date that the Fair Return Application required in Section 29.59.01.04 is filed. (d) “Current Year CPI-U” means either: (1) if the Current Year is a calendar year, the Current Year CPI-U is the annual CPI-U for that year; or (2) if the Current Year is a fiscal year, the Current Year CPI-U must be the CPI-U for December during the current year. (e) “Gross Income” means the annual scheduled income for the property based on the rents and fees (other than fees that are reimbursed to the tenants) the landlord was permitted to charge at the time of the Fair Return Application. (f) “Net Operating Income” means the rental housing’s Gross Income minus operating expenses for the applicable period. (a) Fair Return. The fair return rent increase formula is computed as follows: Gross Income minus operating expenses permitted under Section 29.59.01.06 for the Current Year. (1) In calculating Gross Income for the Current Year, the Base Year Net Operating Income under Section 29.59.01.06 must be adjusted by the annual rent increase allowance under Section 29-57 since the Base Year. (2) Any Fair Return Application must identify a requested rent increase based on: (A) actual operating expenses to be offset through a fair return rent increase; or (B) returns on investments equal to real estate investment risk premium of three percent (3%) plus the annual yield on the ten-year US Treasury Note, with the gross cost basis being the assessed value of the property as of July 1, 2023, increased annually in accordance with the CPI-U. (b) Fair Return Rent Increases. Fair return rent increases (“rent increases”) approved by the Director must be determined as a percentage of the Current Year rents, and each regulated rental unit in the rental housing must be subject to the same percentage increase. (1) Except as provided herein, a fair return rent increase approved by the Director must be implemented within 12 months of the date of the issuance of the decision or at the end of the current tenant’s lease term, whichever is later, in accordance with Section 29.59.01.07. The amount of the fair return rent increase must be clearly identified as an approved fair return rent increase in the new lease or in the lease renewal and may not be implemented mid-lease. (2) If the rent increase for an occupied unit is greater than 15%, the rent increase assessed to the tenant must be phased-in over a period of more than one year until such time as the full rent increase awarded by the Director has been taken. Rent increases of more than 15% must be implemented in consecutive years. (3) If a rental unit requiring a fair return rent increase of more than 15% is vacant or if the unit becomes vacant before the required increase has been taken in full, the landlord may elect to implement the required increase for that unit to be taken in one year or upon the vacancy of that unit, provided the unit became vacant as a result of voluntary termination by the tenant or a termination of the tenancy by the landlord for just cause. (a) Requirement. A landlord may file an application for a fair return and required supporting documentation (“Fair Return Application”) with the Director to increase the rent more than the amount permitted under Section 29-57 or 29-58 of the Code. (b) Rolling Review. The Director will consider Fair Return Applications on a rolling basis. (c) Prerequisites for a Fair Return Application. In order for the Director to consider a Fair Return Application, it must meet the following requirements: (1) all units within the rental housing listed in the Fair Return Application must be properly registered and licensed with the Department; (2) the Fair Return Application must be completed in full, signed, and include all required supporting documents; and (3) all Banked Amounts have been applied to regulated rental units. (d) Fair Return Application Requirements. A Fair Return Application must include the following information and must be submitted in a form published by the Department: (1) the applicant must submit information necessary to demonstrate the rent necessary to obtain a fair return; (2) the application must include all the information required by these Regulations and contain adequate information to confirm the calculation of the Gross Income for the Current Year. If the required information is not available for the Base Year, a landlord may, at the discretion of the Director, use an alternative year no more than three years in the past. The approval must be secured in writing from the Director before the filing of the application; (3) the landlord must supply the following documentation of operating and maintenance expense items for both the Base Year and the Current Year: (A) copies of tax returns, bills, invoices, receipts, or other documents that support all reported expense deductions must be submitted. The Department reserves the right to inspect the rental housing to verify that the identified maintenance has been completed and associated costs are reasonable; (B) copies of time sheets maintained by the landlord in support all self-labor charges must be submitted if such charges are claimed. The time sheet must include an explanation of the services rendered and the landlord’s calculation of the expense. If the landlord is claiming an expense for skilled labor, a statement substantiating the landlord’s skill, or a copy of the applicable license is required; (C) for amortized capital improvement expenses, copies of bills, invoices, receipts, or other documents that support all reported costs are required. The Director reserves the right to inspect the rental housing to verify that identified capital improvements have been completed and associated costs are reasonable; (D) all expense documentation must be organized in sections by line item on the application. A copy of a paid invoice or receipt documenting each expense must be attached to the front of the documentation for each line item. The documents must be submitted to the Director in the same order as the corresponding amounts on the invoice or receipt. The total of the documented expenses for each line item on the invoice or receipt must be equal to the amount on the corresponding line on the application; (E) any justification for exceptional circumstances that the owner is claiming under this regulation; (F) any additional information the landlord determines would be useful in making a determination of fair return; and (4) upon a finding by the Director that the net operating income calculated using the financial information included on the landlord’s tax return for the Base Year is more accurate than the financial information provided on the application, the Base Year net operating income must be re-computed using the financial information on the tax return. This decision must be made at the Director’s discretion. (a) Filing of Application. The Fair Return Application must be filed with the Department. (b) Notice to Tenants of Filing. Within five business days of filing the Fair Return Application, the landlord must notify each affected tenant of the filing by first-class mail and electronic mail, providing each tenant a copy of the Fair Return Application (excluding supporting documentation). (c) Fair Return Application Processing. Within 30 days of receipt of a Fair Return Application, the Director must review the Fair Return Application and supporting documentation and notify the landlord in writing that: (1) the Fair Return Application is complete; or (2) the Fair Return Application is incomplete, identifying specifically the missing information or documentation. If the landlord fails to deliver the missing information or documentation to the Director within ten business days of receipt of the notice in (b) above, then the Director may deny the Fair Return Application by written notice to the landlord. (d) Decision on a Fair Return Application. The Director must review the Fair Return Application and within 60 days after receiving the Fair Return Application issue and notify the landlord of a decision stating the approval or disapproval with reason of the Fair Return Application, including the rent increase identified therein, to be allowed in accordance the Fair Return Application. (e) Notice to Tenants of Decision. (1) The landlord must distribute a copy of the decision to each affected tenant by first-class mail and electronic mail, within ten business days of the date of the Director’s approval of the Fair Return Application together with posting in common areas of the rental housing. (2) The implementation of any rent increase awarded by the Director must comply with Section 29-54 of the Code, and must be clearly identified in the lease, rent increase notice, and/or renewal as a fair return increase authorized by the Department. Said increases are contingent on the decision of the Director becoming final in accordance with Section 29.59.01.05(c) of these Regulations. (a) Gross Income. Gross income for both the Base Year and the Current Year includes the total amount of rental income the landlord could have received if all vacant rental units had been rented for the highest lawful rent for the entire year and if the actual rent assessed to all occupied rental units had been paid. (1) Gross income includes any fees paid by the tenants for services provided by the landlord. (2) Gross income does not include income from laundry and vending machines, interest received on security deposits more than the amounts required to be refunded to tenants, and other miscellaneous income. (b) Operating Expenses. (1) For purposes of fair return, operating expenses include the following items: (A) utilities paid by the landlord, except to the extent these costs are passed through to the tenants; (B) administrative expenses, such as advertising, legal fees, accounting fees; (C) management fees, whether performed by the landlord or a property management firm; if sufficient information is not available for current management fees, management fees may be assumed to have increased by the percentage increase in the Annual CPI-U between the Base Year and the Current Year, unless the level of management services either increased or decreased during this period. Management fees must not exceed six percent (6%) of Gross Income unless the landlord demonstrates by a preponderance of the evidence that a higher percentage is reasonable; (D) payroll; (E) amortized cost of capital improvements over the useful life as determined by the Internal Revenue Service. An interest allowance must be allowed on the cost of amortized capital expenses; the allowance must be equal to the interest the landlord would have incurred had the landlord financed the capital improvement with a loan for the amortization period of the improvement, making uniform monthly payments, at an interest rate equal to the average 52-week Wall Street Journal’s U.S. Prime Rate, as reported by The Wall Street Journal’s bank survey. The average is calculated as the mid-point between the high and low Prime Rates reported for the 52 weeks immediately before the completion of the renovation; (F) maintenance related material and labor costs, including self-labor costs computed in accordance with the regulations adopted pursuant to this section; (G) property taxes; (H) licenses, government fees, and other assessments; and (I) insurance costs. (2) Reasonable and expected operating expenses which may be claimed for purposes of fair return do not include the following: (A) expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, agreed-upon payments, or any other method; (B) payments made for mortgage expenses, either principal or interest; (C) judicial and administrative fines and penalties; (D) damages paid to tenants as ordered by Office of Landlord-Tenant Affairs issued determination letters or consent agreements, Commission on Landlord-Tenant Affairs, or the courts; (E) depreciation; (F) late fees or service penalties imposed by utility companies, lenders or other entities providing goods or services to the landlord or the rental housing; (G) membership fees in organizations established to influence legislation and regulations; (H) contributions to lobbying efforts; (I) contributions for legal fees in the prosecution of class-action cases; (J) political contributions for candidates for office; (K) any expense for which the tenant has lawfully paid directly or indirectly; (L) attorney’s fees charged for services connected with counseling or litigation related to actions brought by the County under County regulations or this title, as amended. This provision must apply unless the landlord has prevailed in such an action brought by the County; (M) additional expenses incurred as a result of unreasonably deferred maintenance; and (N) any expense incurred in conjunction with the purchase, sale, or financing of the rental housing, including, but not limited to, loan fees, payments to real estate agents or brokers, appraisals, legal fees, accounting fees, etc. (c) Base Year Net Operating Income. A landlord may request to adjust the Base Year Net Operating Income if the Net Operating Income for the Base Year was abnormally low and did not reflect market circumstances. The Director must adjust the Base Year Net Operating Income if the Director makes at least one of the following findings: (1) the Base Year Net Operating Income was abnormally low due to one of the following factors: (A) the landlord made capital improvements during or before the Base Year which were not reflected in the Base Year rents and the landlord did not obtain a surcharge for capital improvements for these capital improvements; (B) substantial repairs were made to the rental housing due to exceptional circumstances or new laws; (C) other expenses were unreasonably high, notwithstanding prudent business practice; or (D) other exceptional circumstances exist requiring equitable adjustment to the Base Year Net Operating Income. (2) The Base Year rents did not reflect market transaction(s) due to one or more of the following circumstances: (A) there was a special relationship between the landlord and tenant (such as a family relationship) resulting in abnormally low rent charges; (B) the rents have not been increased for five years preceding the Base Year; (C) the tenant lawfully assumed maintenance responsibility in exchange for low rent increases or no rent increases; (D) the rents were based on MPDU or other affordability covenants at the time of the rental housing’s Base Year; or (E) other special circumstances that establish that the rent was not set as the result of an arms-length transaction. (a) Duration. Except as provided in 29.59.01.03(b), a rent increase established under an approved Fair Return Application remains in effect for each regulated rental unit for a 12-month period. (1) No annual rent increase allowance under Section 29-57(a) of the Code may be applied to a regulated rental unit for the 12-month period during which the regulated rental unit is subject to a rent increase pursuant to a Fair Return Application (as such rent increase includes any annual rent increase allowance). (2) A landlord may simultaneously charge a surcharge for capital improvements and fair return rent increase if approved or otherwise allowed in accordance with these regulations. (b) Establishment of New Base Year Net Operating Income. The Net Operating Income, income, and expenses, determined to be fair and reasonable pursuant to a prior Fair Return Application must constitute the Base Year income, expenses, and Net Operating Income for those regulated rental units included in the finding of fair return for purposes of reviewing subsequent Fair Return Applications. (c) Limitations on Future Fair Return Requests. (1) If a Fair Return Application is approved by the Director, the landlord may not file a subsequent application for the greater of 24 months following the issuance of an approval, or until any remainder of the increase permitted under Section 29.59.01.03(b) (when a fair return rent increase is permitted above 15%) has been applied. (2) If a Fair Return Application is denied by the Director, the property may not file a subsequent application for 12 months following the issuance of a denial.

(a) A landlord seeking an exemption for a substantial renovation under Code Section 29-60(12) must file an application (“Substantial Renovation Application”) with the Director that includes the following: (1) detailed plans, specifications, and documentation showing the total cost of the renovations, in accordance with Section 29.60.01.02; (2) copies of all applications, if any, filed for required building permits for the proposed renovations or copies of all required permits if they have been issued; (3) documentation of the value of the rental housing building(s), exclusive of land value, as assessed by the State Department of Assessments and Taxation; (4) a schedule showing all regulated rental units in the rental housing to be renovated showing whether the rental unit is vacant or occupied; and (5) a schedule showing the current lawful base rent. (b) Within five days of filing the application with the Director, a landlord must send by first-class mail and electronic mail, a copy of the application (excluding supporting documentation) to the tenants of all units in the rental housing for which the application has been filed with the Director. (c) Substantial Renovation Application Processing. Within 30 days of receipt of a Substantial Renovation Application, the Director must review the Substantial Renovation Application and notify the landlord in writing that: (1) the Substantial Renovation Application is complete; or (2) the Substantial Renovation Application is incomplete, identifying specifically the missing information or documentation. If the landlord fails to deliver the missing information or documentation to the Director within ten business days of receipt of the notice in (b) above, then the Director may deny the Substantial Renovation Application by written notice to the landlord. (d) Decisions on Substantial Renovation Application. The Director must review the Substantial Renovation Application within 30 days of notifying the landlord that their application is complete and notify the landlord of either a Preliminary Substantial Renovation Application Approval or disapproval with reason(s) in the case of disapproval. (e) The landlord must notify all affected tenants of a Preliminary Substantial Renovation Application Approval within ten business days of the receipt of the decision by first-class mail and electronic mail. (f) Substantial Renovation Application Supplement. If there is a material change in the scope, price, or other matter set forth in the Substantial Renovation Application, the landlord must submit the change(s) to the Director as a Substantial Renovation Application Supplement. Within 30 days after receiving a Substantial Renovation Application Supplement, the Director must issue and notify the landlord of a decision stating the approval or disapproval with reason(s) in the case of disapproval. (g) Final Reconciliation. Upon completion of the substantial renovations set forth in the Substantial Renovation Application and approved in a Preliminary Substantial Renovation Application Approval and Substantial Renovation Application Supplement, the landlord must submit a final Substantial Renovation Application Reconciliation Package to the Director identifying the actual costs of the completed substantial renovations with supporting documentation identifying the completion date of the substantial renovations. Within 30 days after receiving the Substantial Renovation Application Reconciliation Package, the Director must issue and notify the landlord of a decision confirming the final approval of the Substantial Renovation Application and the effective date of the exemption. Notwithstanding the foregoing, the Director’s review of the Substantial Renovation Application Reconciliation Package must not contradict any prior approval of a Preliminary Substantial Renovation Application Approval or Substantial Renovation Application Supplement provided that it is consistent with the Preliminary Substantial Renovation Application Approval and Substantial Renovation Application Supplement approval. The total cost of renovations must be the sum of: (a) any costs actually incurred, to be incurred, or estimated to be incurred to make the renovation, in accordance with Section 29.60.01.04; (b) any interest that must accrue on a loan taken by the landlord to make the renovation, in accordance with Section 29.60.01.05; plus (c) any service charges incurred or to be incurred by the landlord in connection with any loan or debt taken by the landlord to make the improvement or renovation, in accordance with Section 29.60.01.06. For the purposes of calculating interest and service charges, “any loan or debt taken by the landlord to make the renovation” is the portion of any loan or debt that is specifically attributable to the costs incurred to make the renovation, in accordance with Section 29.60.01.04. The dollar amount of that portion must not exceed the amount of the portion of that loan or debt that is specifically attributable to the costs incurred to make the renovation in accordance with Section 29.60.01.04. The costs incurred to renovate the rental housing must be determined based on invoices, receipts, bids, quotes, work orders, loan documents, estimates, or a commitment to make a loan, or other evidence of expenses as the Director may find probative of the actual, commercially reasonable costs of the renovations. The interest on a loan taken to renovate the rental housing means all compensation paid by the landlord to a lender for the use, forbearance, or detention of money used to make the renovation over the amortization period of the loan, in the amount of either: (a) the interest payable by the landlord at a commercially reasonable fixed or variable rate of interest on a loan of money used to make the renovation, or on that portion of a multi-purpose loan of money used to make the renovation, as documented by the landlord by means of the relevant portion of a bona fide loan commitment or agreement with a lender, or by other evidence of interest as the Director may find probative; or (b) in the absence of any loan commitment, agreement, or other evidence of interest, the Director may apply the average 52-week Wall Street Journal’s U.S. Prime Rate, as reported by The Wall Street Journal’s bank survey, applied over a seven-year period. The average is calculated as the mid-point between the high and low Prime Rates reported for the 52 weeks immediately prior to application for an exemption for a substantial renovation. For the purpose of Section 29.60.01.05(a), if a landlord has obtained a loan with a variable rate of interest, the total interest payable must be calculated using the initial rate of the loan. The service charges in connection with a loan taken to renovate the rental housing must include points, loan origination and loan processing fees, trustee’s fees, escrow setup fees, loan closing fees, charges, costs, title insurance fees, survey fees, lender’s counsel fees, borrower’s counsel fees, appraisal fees, environmental inspection fees, lender’s inspection fees (in any form the foregoing may be designated or described), and such other charges (other than interest) required by a lender, as supported by the relevant portion of a bona fide loan commitment or agreement with a lender, or by other evidence of service charges that the Director may find probative of the actual, commercially reasonable costs. Any costs, and any interest or fees attributable to those costs, for any specific aspect or component of a proposed improvement or renovation that is not intended to enhance the value of the rental housing, as provided by Section 29.60.01.09, must be excluded from the calculation of the total cost of the renovation. The Director must determine whether a proposed substantial renovation is intended to enhance the value of the rental housing building(s), exclusive of land value, by considering the following: (a) the existing physical condition of the rental housing; (b) whether the existing physical condition impairs or tends to impair the health, safety, and security of any tenant; (c) whether deficiencies in the existing physical conditions could instead be corrected by improved maintenance or repair; and (d) whether the proposed renovations are optional or cosmetic changes. (a) The substantial renovation exemption must be effective on the date of the Director’s approval of the Substantial Renovation Application Reconciliation Package, unless the Department determines that the landlord seeking the exemption is in violation of Chapters 8, 26, or 29 of the Code. In such case, the exemption must be effective on the date that the Department determines that the landlord is not in violation of Chapters 8, 26, or 29. (b) Once a decision approving a substantial renovation exemption has been issued, the exemption must be implemented within 12 months of the approval, but no earlier than the expiration of the current lease, if any, for that rental unit.

(a) Regulated Fees. Except as provided in subsection (b) and as otherwise permitted by law, including regulations, landlords are limited to charging the following fees on regulated rental units: (1) Application fee. In accordance with Section 8-213 of the Real Property Article, Annotated Code of Maryland, a landlord of a regulated rental unit must not retain a fee or charge a fee of more than the landlord’s actual cost for a credit check and other expenses arising out of the application for rental of the regulated rental unit. (2) Late fee. Late fees must comply with Section 29-27 of the Code. (3) Pet fee. (A) A landlord of a regulated rental unit must not assess or collect from the tenant of the unit any fee, charge, or deposit in connection with the tenant having a pet present in the unit, except that the landlord may require the tenant of the unit to pay a $25 monthly pet fee per pet and maintain with the landlord during each rental term a pet deposit not exceeding $300. The pet deposit must be held in escrow by the owner. The Department must increase the maximum allowed monthly pet fee and the maximum allowed pet deposit annually by the CPI-U. (B) The pet deposit must be returned in full within 45 days after the termination of the tenancy unless costs are incurred by the landlord as a result of damages in the regulated rental unit relating to the presence of the pet(s). The tenant may choose to use any balance toward a deposit for an ensuing lease term. (C) If any portion of the pet deposit is withheld, the landlord must present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under this section with an itemized statement and proof of the cost incurred. (4) Lost key fee. A landlord of a regulated rental unit must not assess or collect from the tenant of the unit any fee or charge for the replacement of a mechanical or electronic key exceeding the actual duplication or replacement cost plus $25. (5) Lock out fee. A landlord of a regulated rental unit must not assess or collect from the tenant of the unit any lockout fee or charge exceeding $25. The Department must increase the maximum allowed fee annually by the CPI-U. In the event the landlord engages a third-party service provider for the lockout service, the landlord may charge the tenant a fee not exceeding the actual charge incurred for the service. The landlord must provide a tenant with verifiable documented evidence detailing the actual costs associated with the service. (6) Secure storage unit accessible only by tenant. A landlord of a regulated rental unit must not assess or collect from the tenant of the unit any fee or charge for storage located within or attached to or associated with the unit. (7) Internet or cable television. (A) A landlord must not require a tenant of a regulated rental unit to pay an internet or cable television fee. If a tenant voluntarily opts for either service, the landlord must bill the tenant no more than the amount that the internet or cable television provider charges the landlord, without any additional fees. If multiple tenants opt into the service, the landlord must divide the cost to the landlord of the internet or cable television equally by the number of units opting into the service. The fee cannot include any common area services. (B) A landlord must provide a tenant of a regulated rental unit documentation of the total cost paid by the landlord for internet or cable television service and the calculation of the fee charged to the tenant. (8) Motor vehicle or motorcycle parking fee. (A) A landlord must not impose a parking fee on a tenant of a regulated rental unit unless the tenant has expressly opted to use the parking facilities. (B) A landlord of a regulated rental unit must not increase the fee for parking spaces for motor vehicles or motorcycles, as defined in Section 31-1 of the Code, more than once in a 12-month period. (C) Upon a lease renewal or new lease agreement for a parking space, a landlord must not increase the fee for the parking space to an amount greater than the current fee for the parking space plus CPI-U. (D) A landlord of a regulated rental unit who has not previously charged a fee for motor vehicle or motorcycle parking spaces must not charge a fee for such parking unless the landlord provides documentation to the Director demonstrating that the base rent is insufficient to allow the landlord to recover all costs related to the provision of parking. If the Director determines that the base rent is insufficient for the landlord to recover the foregoing costs, the Director must notify the landlord that tenants using the parking facilities may be charged an amount that will allow the landlord to recover its operating costs related to parking. The amount of the fee must not exceed 10% of the lowest base rent for a regulated rental unit at the property. After the parking fee has been established, any fee increase must be determined under (B) and (C). (E) This Section does not require a landlord to charge rent or fees for motor vehicle or motorcycle parking. (9) Bicycle parking fee. A landlord of a regulated rental unit may charge a tenant of the unit a bicycle parking fee under Section 29-35A of the Code. (b) Exceptions. (1) A landlord may charge fees for unregulated optional services, not listed in subsection (a), and opted into by the tenant. (2) For purposes of this Section an optional service does not include a service required to ensure unit access, maintenance, or lease compliance. (c) Implementation. (1) Fees may not be implemented during the lease term unless they relate to an optional service opted into by the tenant. (2) Regulated fees in subsection (a) and fees that fall under the exception in subsection (b) may only be increased once in a 12-month period and require a 90-day written notice. (3) Landlords must comply with this Section within ninety days after the effective date of these regulations.

These regulations may be enforced in accordance with Section 29-8 of the Code.

Bingo Annual $380.00 Ten-day $190.00 One-day $ 50.00 Raffle $ 80.00 Duplicate License $ 10.00 This regulation takes effect on July 1, 2011

Alcoholic beverages may be consumed on any public property (as defined in the Maryland Annotated Code 1957, (1979 Cum. Supp.)), Article 2B, § 210 et seq.,* providing that permission therefore has been granted by the County Chief Administrative Officer or his designee in writing prior to such consumption. In determining whether to grant permission therefore, the Chief Administrative Officer or his designee shall consider: (a) the benefit or detriment to the applicant or the public, if any (b) the likelihood of disorderly intoxication, if any (c) the reliability of the applicant (d) the purpose for which application is made Any person, association, corporation, or other entity seeking permission as above shall outline his proposal in writing to the Chief Administrative Officer or his designee. Where opposition to the grant is presented, the Chief Administrative Officer or his designee may hold a public hearing thereon. Whenever alcoholic beverages are consumed on public property as authorized herein, there shall be assigned a county employee to be present throughout the period the facility is being so used. Nothing contained herein shall be construed to waive any license or permit required under federal, state, or local law. It is hereby declared that an emergency exists with regard the aforegoing subject matter; accordingly this Order shall take effect on the date it is signed by the County Executive.

The terms used in this regulation have the same meaning as in Chapter 30C, Montgomery County Code. The two most widely used major credit cards, which must be accepted by trespass towing businesses under Montgomery County Code Section 30C-9(b)(2), are MasterCard and Visa. This regulation takes effect 30 days after the date of adoption by the County Council.

The Montgomery County Police Department Tow-Service Program is administered by the Montgomery County Police Department, Abandoned-Vehicle Section (AVS). Participation in the program is voluntary. Tow companies participating in the program must meet all requirements set forth in these regulations and otherwise maintain compliance with all county, state, federal, and other applicable laws. The Police Department will establish one tow list for the entire county with a maximum of forty (40) towing companies. If the number of towing companies exceeds forty (40) at the time these regulations are implemented, this maximum number will be achieved through attrition. Any new company meeting the minimum requirements will be placed on a list of qualified companies and will be utilized in the order in which their application was received. Appointment to the tow list will be made at the discretion of the Chief of Police. Appointment to the tow list is for a period of (2) years. A tow company may apply for appointment if it meets the minimum requirements set forth in these regulations. Additional requirements for reapplication are listed in 30C.00.02.08J. All participants in the police tow rotation are subject to Montgomery County ethics laws. See Chapters 11B and 19A of the Montgomery County Code. Questions regarding ethical issues should be directed to the Montgomery County Ethics Commission or the Office of the County Attorney. The Police Department will divide the county into specific tow districts established by the size and density of each geographical area. Each tow company will be assigned to a tow district based on its ability to respond within 30 minutes to a police call for service in that district, with allowance made for traffic, road and weather conditions. Towers must observe all rules of the road, including the Maryland Vehicle Law, at all times. Tow companies may be assigned to the police districts based on the number of tow trucks in their fleet. A firm's two-year appointment will commence when it is approved and assigned to one or more tow districts. Each Police towing district or participating agency will have a district-rotation list from which calls for towing service will be made. The rotation system established within a specific tow district will provide records, maintenance, and a systematic method of tow-company notifications. Exceptions to the rotation system will be made only in an emergency and with the approval of a police supervisor. These regulations apply to any tow company responding to a police tow request for any participating police department, police employee, or authorized agency in Montgomery County when the officer/employee is acting within an official capacity. A. Public Storage Facility - The Abandoned Vehicle Section (AVS) lot or any designated police facility. B. Towers' Storage Lots - Lots designated by individual towing companies as storage lots for vehicles towed at the request of Montgomery County Police and that meet the criteria set forth in 30C.00.02.08 H of these regulations. C. Impounded Vehicle - A vehicle towed and stored at the direction of a Montgomery County Police Officer, Police Employee, or Code Enforcement Specialist from the Abandoned Vehicle Section. D. Disabled Vehicle - A vehicle that has been disabled or rendered inoperable as a result of mechanical failure. E. Towing Company or Tower - Any individual, partnership, corporation, association or other entity that has been authorized by the Chief of Police to tow and store vehicles at the direction of a Police Officer/Police Employee. F. Response Time - The time period starting from the time the tow company receives the call from the Police and ending with the time the tow truck arrives on the scene. G. Credit Cards - The two most widely used credit cards are MasterCard and VISA. H. Owner/Operator/Agent 1. Owner: The person who has vested ownership, dominion or title of property. 2 Operator: One who operates a machine, i.e., vehicle, truck or motorcycle. 3. Agent: One who acts for or in the place of another with authority from the principal. This includes but is not limited to insurance companies, lien holders, and rental-car companies and their employees/representatives. I. Police Towing Supervisor - That officer, the rank of Corporal or above, who at the direction of the Chief of Police is responsible for administrating and enforcing the Montgomery County Police Towing Regulations. J. Police Tow - A Police tow is a non-consensual tow. This tow is constituted when a Montgomery County Police Officer, Police Employee or a police officer/employee from a participating agency requests a tow truck and directs the tow. K. Private Tow - At the discretion of the police officer on the scene, an owner/operator/agent may arrange for a private tow, which is a civil contract between the owner/operator of the vehicle and the tow company. L. Heavy-Duty Recovery - The recovery of a heavy-duty vehicle (over 20,000 GVWR) requiring additional manpower and/or specialized equipment such as cranes, loaders, roll- offs, air cushions, etc. M. Completed Tow - All attachments to the towed vehicle are complete and the tow-truck driver is ready to leave the scene. N. Incomplete Tow - If a tow company has begun to attach the vehicle to the tow truck but has not completed the attachment, the tow company will release the vehicle, charging the fee as set forth in 30C.00.02.04, Schedule of Towing Fees. O. Winching - The laying out of cable to remove a vehicle from a ravine/ditch or other off-road areas and use of other towing equipment, such as hydraulics, chains, etc. The vehicle must be wedged, obstructed, impaled, or overturned. It is not considered winching due to the fact that additional cable must be used if the conditions above are not met. P. Unavailable (U) - Code used in Police tow log when a tow company is called to respond for a Police tow or incident and the tow company is busy, the telephone line is busy, there is no answer or the company accepts the call but calls the station back and advises that it refuses to respond or cannot respond (e.g., due to staffing problems or equipment failure). Q. Officer Canceled (OC) - Code used in Police tow log when a tow company is called to respond to a Police tow or incident and the officer on the scene has reason to cancel the company prior to its arrival. R. Suspension - The removal of a tow firm from the Police tow list for the time period determined by the Chief of Police. S. Rotation - The Police-requested use of all tow firms, one at a time in order, assigned to a specific Police district tow list. T. Chief - The Chief of Police or designee (including the Police Towing Supervisor). U. Police Tow List - County-wide list of all tow companies participating in the Montgomery County Police Department Tow-Service Program. V. Tow District - Geographical portion of the county. Each tower participating in the tow- service program is assigned to one or more tow districts. W. District Rotation List – List of all towers assigned to a particular tow district. Police calls for service within each district will be made based upon this list. X. Participating Agency - A county, federal, state, or city agency or municipality in Montgomery County that has entered into a Memorandum of Understanding with the Montgomery County Police Department, agreeing to abide by the Executive Towing Rules and Regulations. These regulations apply only to the towing and recovery of any vehicle, conveyance or part thereof, as provided for in these regulations. A. Duties and Responsibilities. Tow companies requesting positions on the Montgomery County Police tow list will adhere to the following requirements: 1. A tow company is not permitted to respond to the scene of a Montgomery County Police and/or participating agencies incident unless requested to do so by a representative of the Department of Police or the owner/operator/agent of the vehicle being towed. 2. A tow company will not sub-contract calls for Police tow or recovery services to any other towing company. 3. If the tow company receiving the call cannot perform the towing/recovery service requested utilizing its own equipment/staff, the company must decline the call and consequently the next company on the list will be called. 4. A tow company will respond within 30 minutes, with allowance made for traffic, road and weather conditions. 5. Tow companies may be dispatched to tow a maximum of two vehicles per police call. Both vehicles must be removed at the same time. 6. Repeated failure to respond in a timely manner may be grounds for administrative action as noted in 30C.00.02.10. 7. A pattern of being unavailable may lead to administrative action, as noted in 30C.00.02.10. If a tow company is unavailable for a Police tow call, the station Police Services Aide will place, for record-keeping purposes, a “U” next to the tow company’s name in the column marked “Tow Code.” The tow company will lose its turn in the rotation for that call only. 8. If a tow company is canceled by an officer on the scene (OC), the canceled tow firm will then be placed back on the top of the tow list for the next available tow, provided the officer did not cancel the tow firm for a violation of the tow regulations (such as being unable to respond with a reasonable period of time). 9. All towed vehicles will be towed to the tower’s storage lot unless directed by the officer on the scene who gives instructions to tow to a Police storage facility. The owner/operator/agent may elect to have their vehicle towed to a location of their choice at a rate not to exceed the per loaded mile rate included in 30C.00.02.04. The officer on the scene may honor a citizen’s request to arrange for a private tow from an auto club/private tow company if this request is made by the officer, via the Police Services Assistant (PSA), and the company’s response time conforms to the requirements set forth in this regulation. This will be permitted only if the responding tow company can provide a rapid response, with consideration given to the flow of traffic. 10. The Police rotation list will not be utilized for private tows and the tow information will not be recorded in the tow log. 11. Vehicles involved in very serious or fatal personal-injury collisions, or which have been used/involved in a crime, are subject to mandatory Police tow. These vehicles are considered evidentiary and will be released only by law-enforcement officers. As a rule, these vehicles should immediately be towed directly to the Abandoned Vehicle Section or a police facility, as directed. 12. A Police tow terminates once the tow company releases the vehicle to a Police storage facility, an alternate location as directed by the police, or the owner/operator/agent or representative responds to the tower’s lot and pays the current towing/storage fees. When an alternative location is directed, the owner/operator/agent must pay the towing charge at the time of the service. 13. Police officers and police employees are prohibited from recommending a towing firm to a citizen requesting a private tow as indicated in Function Code 300 Department Rules, Rule 27. 14. A tow company must arrange for the release of vehicles towed and/or stored pursuant to the towing regulations within a reasonable time not to exceed sixty (60) minutes from the time of the call requesting the release of the vehicle, except the towing company must not release any vehicle ordered held by the officer authorizing the tow. (See, 30C.00.02.06, Storage of Vehicles, 120-hour time limit.) 15. All impounded vehicles that have been ordered by an officer to be held and not released will be stored only at Police facilities or at the Abandoned Vehicle Section lot, with no exceptions. 16. Tow companies will accept a U.S. or state-government-issued photo ID or a consular registration card from any country approved pursuant to County law and a current registration or current temporary registration card issued to a permanent (metal) registration plate for the release of a vehicle to the owner. 17. In the event the owner has a non Maryland temporary registration card issued to a temporary registration tag (non-metal), the owner must provide a bill of sale or a title to the vehicle. If these conditions are not met, the towing company will contact an employee of the Abandoned Vehicle Section for further instruction prior to the release of the vehicle. 18. If the owner of the vehicle is not present, the person requesting release of the vehicle must have a notarized letter from the owner authorizing that particular individual to take custody of the vehicle. 19. Tow companies will accept, as proof of ownership/control, letters or faxes from insurance companies, lien holders, and rental-car companies. 20. A tow company on the Montgomery County Police tow list must notify the Montgomery County Police Towing Supervisor, within ten days, of any change in status of the tow company’s business operations that involve its towing service provided in Montgomery County. This includes sale and/or purchase of equipment, company-name changes, insurance lapses/changes in policy numbers, employee changes, lot-location changes, and any other alteration that affects the way the tow company will do business with the Montgomery County Police Department. 21. Tow companies will send an updated employee list to the Police Towing Supervisor semi-annually in January and July. 22. A tow company must employ competent, trained drivers {as established in 30C.00.02.08} capable of responding within the specified time limits and safely performing the towing operations without unnecessary delay. These drivers must be approved by the Police Towing Supervisor prior to their responding to a police tow. 23. Tow-truck drivers are responsible for the removal of debris not only from the roadway but also from the entire scene, with the exception of hazardous material. No debris will be swept to the curb by any tow-truck drivers. All tow-truck drivers will be responsible for cooperating in the clean-up process {Maryland Vehicle Law, Transportation Article § 21-1111(c)}. 24. Authorized tow-company service personnel and their equipment may not leave the scene of the incident until released by the officer in charge of the scene. 25. Solicitation of any officer, Police Service Aide, or police employee for preferential treatment or consideration by any towing company employee is prohibited. 26. Citizens and Police Department employees will be treated in a courteous and respectful manner. Use of profanity, abusive behavior, or harassment is prohibited. Racial, sexual, religious, ethnic or similar comments, jokes or remarks are prohibited and may lead to administrative action and/or removal from the Police tow-rotation list(s). 27. All complaints regarding tow operations will be referred to the Police Towing Supervisor to discuss such complaints. Tow-company personnel are not expected to simply endure verbal abuse or harassment from citizens. They should refer the citizen to the Police Towing Supervisor for resolution of the complaint. Towing employees who feel they have been treated unfairly by Police personnel must report such treatment to the offending officer’s immediate supervisor. 28. Every tow company participating in this program is required to cooperate in investigations of complaints and will provide written documentation upon request from the Police Towing Supervisor. The maximum time for response from a tow company on a written investigative inquiry will be five (5) working days. 29. Tow companies and their employees seeking to participate in this program are subject to a criminal- and traffic-record check. All tow-company employees will sign a consent form authorizing Montgomery County Department of Police to obtain their criminal- and traffic-history information. This information will be handled in a confidential manner and used only for the purpose of considering eligibility of tow-truck owners/operators for the Montgomery County Department of Police. Driving- and criminal-history checks may be monitored periodically by the Police Towing Supervisor. 30. All approved towing companies will answer their listed 24-hour business telephone by using their business name listed in their towing application. No answering service, answering machines or beepers will be utilized. 31. All tow companies arriving at or reporting to a collision prior to the arrival of a Montgomery County Police Officer or participating agency will not solicit any party involved, to tow that individual’s vehicle. 32. If a towing company arrives upon a motor-vehicle-collision scene with no police present, the company will notify the Montgomery County Police of the collision. If a request is made by the owner/operator to tow any vehicle(s), towing companies will not complete this tow without authorization from a Montgomery County Police Officer. This tow will be authorized only if the officer determines that a private tow is permitted and the citizen agrees to a private tow. 33. Towing companies will not release a vehicle if the operator has been charged within the past twelve (12) hours for driving under the influence of drugs/alcohol, without permission from the arresting officer or a police supervisor. 34. Tow companies will not use Post Office boxes as business addresses. 35. No tow company on the Police tow list will contact any Police Services Aide, Police Officer or any other member of the Police Department and request that a change be made concerning its name, phone number or position on the tow logs. All requests will be made only through the Police Towing Supervisor. 36. In the event a tow bill exceeds 100 percent of the regular tow cost for a vehicle of the same size, all additional charges assessed by the towing firm will be fully explained on the invoice/receipt that will accompany the vehicle when sent to the Abandoned Vehicle Section for disposition. 37. All tow companies will indicate on their invoice the original tow date and time, the reason the vehicle is being towed, i.e., DWI, collision, arrest, abandoned, stolen, etc., and will likewise reflect the ID number of the requesting officer/employee. 38. Tow companies that travel outside the state of Maryland into another jurisdiction to recover vehicles are required to meet the minimum insurance regulations of that jurisdiction. Tow companies must also comply with federal laws and the local jurisdiction’s rules, regulations, motor vehicle and state laws. 39. Tow firms will use only numbered tow invoices, as required by Montgomery County Department of Finance, Accounts-Payable Section. 40. Vehicles towed under the Department of Public Works and Transportation (DPWT) contract that are not picked up within seventy-two (72) hours will be considered abandoned vehicles. These vehicles will be towed to the AVS storage lot with an invoice attached for an abandoned-vehicle tow. The towing company will attach its original invoice reflecting the DPWT fees and any outstanding parking violations. 41. The AVS will dispose of vehicles received from DPWT in accordance with Maryland Transportation law and the Executive Towing Rules and Regulations. 42. Before a vehicle can be released to the owner/agent, all outstanding parking, towing or other fees must be paid in full. 43. License plates are the property of the respective states and must be returned to the registered owner if requested regardless of the outstanding towing/storage charges. 44. Towing companies must release personal property from the towed vehicle to the registered owners if requested. 45. All tow trucks authorized to tow on the Montgomery County or participating agencies rotation list will be inspected annually at a location to be determined by the Police Towing Supervisor. B. The officer assigned to the position of Police Towing Supervisor will have the following responsibilities: 1. Administer the Montgomery County towing list to include the investigation of tow companies requesting appointment to the Montgomery County tow list. 2. Establish a system that will accommodate tow companies and provide a procedure for the police districts within the Montgomery County Department of Police and participating agencies to call for tow trucks. 3. Assign tow companies to areas within the police districts of Montgomery County based on the needs of the department. 4. Provide routine/scheduled inspections of tow companies (including facilities, trucks and other equipment) to ensure that they are in compliance with federal, state and local laws, as well as the Montgomery County Police Towing Regulations. 5. Investigate possible violations of the Montgomery County Police Towing Regulations and report to the Chief of Police, via the Chief of the Management Services Bureau, with recommendations for administrative action, where appropriate. 6. Act as arbitrator in citizen complaints regarding police-generated tow services and/or fees charged by towing companies permitted to tow for the Montgomery County Police. 7. Communicate with the Montgomery County Office of Consumer Affairs regarding towing complaints by forwarding copies of all verified investigations including all administrative action. The following maximum fees are established for police tows. By establishing these maximum towing fees, the Department of Police is not attempting to regulate the right of private enterprise to assess an equitable fee for services. This maximum fee will assure all requests for Police towing are uniform throughout the County and equitable to the public in general. If a situation arises during a police tow where additional compensation may be necessary, the towing company may contact the police towing supervisor or the AVS Sergeant who may, at their discretion, authorize additional compensation. The schedule of towing fees/storage fees in these regulations does not apply to private tows. All fees for private tows must be presented to the owner/operator of the vehicle, in writing, prior to a private tow being completed. 1. Complete tow (ordinary tow, no complications) $113.00 (no extra charges for roll-back operation or dollies) 2. Tows GVWR of 10,001-20,000 lbs. (ordinary tow, no complications) $195.00 3. Tows GVWR over 20,000 lbs. (ordinary tow, no complications) $308.00 4. Incomplete tow - will be paid at a rate of 50% of the completed tow price above. 5. Vehicles that are winched and not towed - Paid at the towed rate plus the pro-rated winching rate based on the vehicle’s GVWR. Winching does not include removal from against a guardrail or off curbs. 6. Winching per hour (pro-rated per minute) vehicles under 10,001 GVWR (Thirty minute minimum for winching) $ 62.00 7. Winch per hour (pro-rated per minute). Vehicles with a GVWR of 10,001 to 20,000 lbs. (Thirty minute minimum for winching) $ 93.00 8. Winch per hour (pro-rated per minute). Vehicle with a GVWR exceeding 20,000 lbs. (Thirty minute minimum for winching) $123.00 9. Transfer to AVS lot from tower’s storage lot $ 51.00 10. Transfer of vehicles 10,001 to 20,000 GVWR to AVS $103.00 11. Transfer of vehicles 20,000 GVWR to AVS $154.00 12. Transfer from district-station lots to AVS lot $ 51.00 13. All fatal collisions and serious Personal Injury Collison (PIC) — direct tow to AVS, as ordered $149.00 14. Fatal and serious PIC — 10,001 - 20,000 GVWR — direct tow to AVS, as ordered $298.00 15. Fatal and serious PIC — over 20,000 GVWR — direct transfer to AVS, as ordered $463.00 16. Direct tow of an abandoned/stolen vehicle to the AVS $ 77.00 17. Direct tow of an abandoned/stolen vehicle 10,001-20,000 GVWR to AVS $154.00 18. Direct tow of an abandoned/stolen vehicle over 20,000 GVWR to AVS $231.00 19. Mileage (per loaded mile) for towing outside of Montgomery County (from M.C. line) or towing to an owner/operator/agents destination $ 3.00 Vehicles 10,001-20,000 GVWR $3.75/mi. Vehicles over 20,000 GVWR $4.50/mi. In the event the County Executive/Governor/President of the United States declares a state of emergency or upon the implementation or the Montgomery County snow emergency plan authorized by the County Executive or Chief Administrative Officer, the fees for towing, winching, and road service will double. The fees pertaining to transfers and storage will not be affected by the implementation of the state-of-emergency plan or the Montgomery County snow emergency plan. This state-of-emergency plan does not include the implementation of the Maryland State snow-emergency plan. The above fees are inclusive and no other fees will be assessed for any extra services provided by the towing firm beyond those stated in this section. To do so is in violation of these regulations. No fees are to be charged if the responding tow company cannot remove a vehicle with the equipment on the scene. All tow companies holding positions on the Montgomery County Police tow list agree to abide by the above schedule of towing fees for all services rendered in response to Police calls for their services. These rates are the maximum charges allowed for all tow companies participating in this voluntary towing program. This does not restrict the right of any tow company to charge less than the scheduled amount. Payment of tow bills for unclaimed vehicles will be made via Montgomery County Department of Finance, Division of Treasury, to the requesting tow company after the vehicle is auctioned. No fees will be assessed to the Abandoned Vehicle Section in the event a title to a towed vehicle is accepted as payment of service by the towing firm. The towing firm will then provide the titled owner a bill of sale on company letterhead as proof in order to hold harmless the titled owner under provisions of the Maryland Vehicle Law entitled Liability for Cost of Preservation and Storage for a Vehicle (Maryland Vehicle Law, Transportation Article, Section 25.206.1). The Chief Administrative Officer must adjust the wage rate required under this subsection, effective July 1 of each year, by the annual average increase, if any, in the Consumer Price Index for all urban consumers for the Washington-Baltimore metropolitan area, or any successor index, for the previous calendar year. The Chief Administrative Officer must calculate the adjustment to the nearest dollar, and must publish the amount of the adjustment not later than March 1 of each year. A towing company must accept payment by (1) cash, (2) travelers check accompanied by reasonable identification, and (3) the two most widely used credit cards, i.e., MasterCard and VISA. The tow company may also accept a personal check with reasonable identification if the vehicle is registered in the state of Maryland. Tow companies must accept company checks from other towing companies on the police rotation list, insurance companies, and lien holders and the employees/agents. If the towing company accepts another credit card for any other purpose, it must accept that card for the police-requested tow. The two most widely used major credit cards that must be accepted for Police towing services operating under 30C.00.02.02 G of this regulation are MasterCard and VISA. Tow-truck operators must be capable of accepting credit-card payments at the tow scene. Vehicles towed pursuant to these regulations will be towed to the responding tow company’s approved district-storage facilities. Vehicles will not be stored on a tow company’s lot for more than one hundred twenty (120) hours unless otherwise authorized by the AVS or upon the owner/operator/agent’s paying the current towing/storage fees, thus terminating the Police tow. Towers will be permitted to charge the owner/operator/agent for up to five days of storage for vehicles released from their lot. Upon transfer of the vehicle to the AVS, towing companies will only be reimbursed for three days of storage at the AVS rate. Towers may elect to transfer a vehicle to the AVS at any time within this one hundred twenty hour time period. The Police Towing Supervisor or the AVS Sergeant may, at any time, order a vehicle transferred to the AVS. Storage fees are based on 24-hour increments as indicated below and are not to be charged per calendar day. Upon arrival, parked and stored and 24 hours $ 21.00 subsequently released from the AVS. 25-48 hours $ 42.00 49-72 hours $ 63.00 Upon arrival, parked and stored and 24 hours $ 46.00 released from the towers lot. 25-48 hours $ 92.00 49-72 hours $138.00 73-96 hours $184.00 97-120 hours $230.00 Storage of large vehicles (over 10,001 GVWR) — per-space charge The maximum storage fee for all Police tows released from the AVS will be $63.00, excluding the storage of large vehicles. The maximum storage fee for all vehicles released from the tower’s storage lot will be $230.00, excluding the storage of large vehicles. The fact that an owner/operator/agent requested a private tow does not exclude the Montgomery County Police Department and/or the Office of Consumer Affairs section from investigating complaints against participating tow firms. All tow companies will maintain a record of any vehicle towed at the request of the Montgomery County Department of Police or participating agency in addition to any other records required to be kept for insurance or any other purposes. A copy of the towed vehicle's record will be given to the owner of the vehicle or the individual to whom the vehicle is released. A second copy will be made available to the Police Officer who requested the tow. The tow companies will maintain a master log of all vehicles towed at the Department's request, which will be available for inspection by the Police Towing Supervisor or his/her designee. Such records will be kept for one year from the date of the release of the vehicle. The tow/storage record for a vehicle will include the following: A. Date, time and location of the requested tow. B. Identification number of the officer/employee requesting the tow. C. Tow vehicle used. D. Tow driver's name. E. Manner of tow, i.e., hook-up, dolly, winching, etc. F. Description of vehicle towed, including VIN and tag number, year, make, and color. G. Reason for tow, i.e., accident, breakdown, etc. H. Statement of vehicle condition at the time of tow. I. Itemization of fee charged. J. Time vehicle was delivered to storage lot. K. Address of storage lot. L. Name and address of person to whom vehicle was released (including manner of identification, i.e., driver's license, etc.) M. Name of person releasing vehicle. All tow companies applying for tow-list approval will provide the Montgomery County Department of Police with the information listed below. The towing company must have been licensed and in operation for a minimum of two years, trading under the same name as submitted on the police towing application. Towing companies must comply with all requirements of the Maryland Vehicle Law, Transportation Article, § 13-920, entitled “Tow Trucks.” The Police Towing Supervisor must be apprised of any change in the information provided by the towing company. A tow company with one registered truck may be listed in two district towing rotation lists. A tow company with two registered trucks may be listed in three district towing rotation lists. A tow company with three registered tucks may be listed in four district towing rotation lists. A tow company with four registered trucks may be listed in five district towing rotation lists. A tow company with five registered trucks may be listed in six district towing rotation lists. When two or more towing companies or corporations are owned by the same individual, partnership or Parent Corporation, each may have a separate listing only when each has a separate office and storage location and different corporate officers. Each company must have separate license, permits, and insurance policies for each company. It is prohibited for two or more towing companies owned/operated in whole or part by the same individual, partnership or corporation to be on the same Police rotation list in the same police district. A. The towing-company applicant must submit the following information and meet the following minimum requirements: 1. Submit a police-towing application with a Twenty-Five and 00/100 Dollars ($25.00) application fee for each tow truck that will be utilized. 2. A copy of the driver’s license for each driver. A certified driver’s record will be provided for out-of-state drivers. 3. Name, sex, race, date of birth, and Social Security number of all employees. 4. Business locations within the geographic boundaries of Montgomery County and a business license for each company and all storage lots, including a use-and-occupancy permit. 5. Addresses of all storage lots. The storage lot must be located in the geographic boundaries of Montgomery County, Maryland, or, within two miles of the Montgomery County border as measured by a public road travel route. 6. The 24-hour company telephone number with immediate confirmation of response (no answering services or answering machines will be utilized). 7. The towing company’s Federal Tax ID number or Social Security number for payroll/tax purposes. 8. A copy of the Montgomery County Motor Vehicle Repair and/or Certificate of Towing Registration Form displaying a current date. This form is issued by the Montgomery County Office of Consumer Affairs. 9. A copy of a Certificate of Use and Occupancy for each office and storage lot. 10. A completed/signed zoning form for each storage lot. 11. Verification that the towing company accepts VISA and MasterCard. 12. An Application Check Sheet. 13. A list of all company vehicles, including the year, make, tag number, VIN, type and GVWR. 14. A copy of a lease agreement or deed for each storage lot. B. All tow companies will provide a certificate of insurance coverage at the time of the initial application process and at all annual re-inspections. This certificate will name all equipment for towing and all storage sites used for vehicles towed at the request of the Montgomery County Department of Police. The towing company must ensure that all insurance policies, permits, and required documentation remain current while on the rotation list. This coverage must include the following: 1. The minimum insurance requirements in Title 13, § 920, entitled “Vehicle Laws - Tow Trucks.” Title 13, § 920 in part specifies that “A person who registers a tow truck under this section or operates a tow truck in this state that is registered under the laws of another state must: obtain commercial liability insurance of at least $100,000 per person, $300,000 per occurrence bodily injury liability, and $100,000 per occurrence property- damage liability.” 2. In addition to the state minimum insurance requirements, towing companies must comply with the Federal Motor Carrier Safety Administration regulation and carry “for hire, property” (non-hazardous) insurance coverage at a minimum of $750,000.00. 3. In addition to the state vehicle requirements, two companies will maintain a minimum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) of garage-keepers insurance for each towing storage lot. This requirement extends to towing contracts/agreements with each participating agency within Montgomery County. 4. Tow companies will also maintain a minimum of Sixty Thousand and 00/100 Dollars ($60,000.00) of on-hook/cargo insurance for each vehicle towed. 5. All tow firms will provide proof of compliance of the State of Maryland Worker’s Compensation Law or proof of legal exemption from the Worker’s Compensation Law. Towing companies must submit an annual certificate of compliance to the Police Towing Supervisor. Firms towing for Montgomery County will not act as independent contractors nor will they employ drivers as subcontractors. 6. The Montgomery County Police Abandoned Vehicle Section, located at 580 Metropolitan Grove Road, Gaithersburg, Maryland 20878, will be named as an insurance-certificate holder. C. All tow drivers will meet the following criteria: 1. Licensed drivers must be at least 18 years old. 2. Must have sufficient ability and knowledge to competently conduct towing operations. 3. Must be courteous and not use abusive or offensive language when dealing with the public. 4. Any member of the towing firm who has a history of criminal activity or a driving record such that it raises a reasonable concern for the safety of the public will not tow for the Montgomery County Department of Police. 5. Felony convictions will be reviewed to determine the nature of the crime and the amount of time that has elapsed since the conviction. Applicants with convictions for violent crimes or drug related crimes will not be considered. 6. Drivers must possess a commercial driver’s License (CDL) if the tow truck has a GVWR of 26,001 pounds or a combined vehicle weight (tow truck and towed vehicle) of 26,001 GVWR or if the vehicle is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulation (49 CFR part 172, sub-part F). 7. Effective October 1, 2003 all Maryland non commercial drivers operating a commercial motor vehicle in intrastate commerce and the vehicle weighs 10,001 and 26,000 pounds, are required to hold a valid Federal Motor Carrier (DOT) physical card in their possession. D. All tow trucks must meet the following minimum criteria and requirements. Tow companies on the Police Towing List on October 31, 2004, may continue to use equipment that is approved and registered with the Montgomery County Police Department for police-ordered towing as long as it does not change ownership, is continually registered and inspected, and meets all federal and state registration and safety requirements. 1. All tow trucks must be manufactured body and boom with hydraulic elevation and hydraulic extension. 2. All tow trucks must have a hydraulic under-reach/wheel-lift with hydraulic elevation and hydraulic extension. 3. Towing companies must possess the capability to flatbed transport vehicles within the light duty class. 4. All wreckers/rollbacks must have a 2 ½-pound fire extinguisher (charged and operational), shovel, broom, bucket/trash bags, twenty (20) pounds of oil-dry absorbent, tow lights, and a first-aid kit. 5. Medium-duty vehicles can be used for light duty but not vice-versa. 6. All rollbacks must be equipped with four-point tie-down capabilities. 7. Towers will comply with federal, state and county laws concerning display of tow-firm name and other required information on their vehicles. 8. Adequate vehicle lights so as not to create a hazard (Maryland Vehicle Law, Transportation Article § 22-218.2). 9. Vehicles will comply with the general safety requirements of the equipment section of the Maryland Transportation Article. E. Light-Duty Specifications: 1. Minimum boom rating of eight (8) tons. 2. Minimum chassis GVWR of 11,000 lbs. 3. Hydraulic winch on each vehicle, with a minimum rating of 8,000 lbs. each. 4. Minimum of 50 feet of 3/8 cable on each winch. Swigged thimbles are required (no clamps). 5. Minimum of four (4) chains ten (10) feet in length, with a maximum Working Load Limit (WLL) of 3,900 lbs. 6. Minimum of one (1) snatch block per winch with a minimum rating of two (2) tons. F. Medium-Duty Specifications: 1. Minimum boom rating of twelve (12) tons. 2. Minimum chassis GVWR of 25,000 lbs. 3. Two (2) hydraulic winches on each wrecker, with a minimum rating of 12,000 lbs. each. 4. Minimum of 100 feet of 7/16 cable on each winch. Swigged thimbles are required (no clamps). 5. Minimum of four (4) chains, ten (10) feet in length, with a minimum WLL of 5,400 lbs. 6. Minimum of two snatch blocks with a minimum rating of four (4) tons. 7. Minimum of two (2) recovery straps six (6) inches wide and at least twenty (20) feet in length. 8. Minimum of two (2) recovery straps, with a minimum basket capacity of 8,400 lbs. G. Heavy-Duty Requirements: 1. Air brakes. 2. Minimum boom rating of twenty (20) tons. 3. Minimum chassis GVWR of 33,000 lbs. 4. Two Hydraulic spades. 5. Two (2) winches on each wrecker, with a minimum rating of 20,000 lbs. each. 6. Minimum of 200 feet of 9/16 on each winch. Swigged thimbles are required (no clamps). 7. Minimum of four (4) chains, ten (10) feet in length, with a minimum WLL of 12,000 lbs. 8. Minimum of two snatch blocks with a minimum rating of eight (8) tons. 9. Minimum of two (2) recovery straps, twelve (12) inches wide and at least twenty (20) feet in length. Because of the complexity of truck-collision recoveries over 20,000 GVWR and the additional staff and specialized equipment that may be required (i.e., cranes, loaders, roll- offs, air cushions, etc.), these recoveries will not be regulated by the schedule of towing fees in the Executive Towing Rules and Regulations and the vehicles will not be transferred to the AVS unless the vehicle is involved in a serious collision, fatal collision, or is evidentiary in nature. Under these circumstances, the vehicle will be transported directly to a Police storage lot as instructed by the officer on the scene. This does not pertain to the normal towing or minor winching of heavy-duty vehicles when additional equipment or manpower is not utilized. After reviewing all facts and consulting with officers on the scene, the Police Towing Supervisor has the authority to make a final determination whether a heavy-duty towing request will be classified as a “heavy-duty tow” or a “heavy-duty recovery.” The Police Towing Supervisor will review all recovery invoices to ensure they comply with the towing regulations. The AVS will not be responsible for any fees pertaining to heavy duty recoveries. These vehicles will be released from the AVS upon verification that the towing invoice has been paid in full. H. The following minimum-operations criteria will be observed for towers’ storage lots: 1. Twenty-four hour (24) availability for police personnel. 2. Every lot will be securely fenced (example: six-foot chain-link fence with full gate) unless it is an “on-site” 24-hour operation. The lot will have adequate lighting for night operations and provide a safe environment for conducting business. Lot size will be eight (8) or more dedicated parking spaced per towing firm per Police district. 3. Storage lots will be open for the release of vehicles between the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and noon to 4:00 p.m. on Saturday. Storage lots will be opened for vehicle inspection during these same hours Monday through Saturday by any interested party. The term “interested party” includes the driver, owner, attorney/private investigators, or insurance-company agents representing either party involved in a collision. A tow firm may elect not to release vehicles on any Montgomery County Government holiday (county government closed) unless the vehicle was impounded/towed on that Sunday or holiday. These rules of releasing vehicles do not preclude tow firms from releasing vehicles at other times. A towing company may elect to release a vehicle any time other than the required hours of operation and may charge the owner/operator/agent a fee not to exceed fifty dollars ($50.00) for this service. 4. Each tow company will provide to the person to whom the vehicle is released the name and address of the tow company’s insurance carrier at the time of the release, if so requested. 5. Approved storage lots will be used only by tow companies authorized to tow for the Montgomery County Department of Police. Sub-leasing property for storage-lot use will be approved by the AVS upon proof of issuance of a use-and-occupancy permit, zoning authorization, and a copy of the lease agreement. 6. All storage lots will have posted on the lot, visible from the street when possible, a street address and the names of the tow companies that store vehicles there. No signage will contain the word “POLICE” or indicate that any lot is under the control of the Montgomery County Government. I. If a towing company towing on the Montgomery County Police towing-rotation list fails to meet the minimum requirements in these regulations, the towing company may be given a suspense date to comply with the regulations. If the towing company fails to comply by the suspense date or if the violation is of a serious nature, the towing company will be removed from all Police towing lists. This applies to removal of drivers, vehicles, and/or towing companies. J. A towing company with a history of sustained violations of these regulations will not be considered for reappointment to the tow list. If there is a pending investigation concerning a violation of these towing regulations, the application for reappointment will be considered upon the completion of the investigation. Other factors that will be considered for reappointment to the police towing list are as follows: 1. The ability, capacity, organization, facility, and skill of the towing company to perform the services required. 2. The ability of the towing company to perform the required services without delay, interruption, or interference. 3. The integrity, reputation and experience of the towing company and its key personnel. 4. The quality of past performance while towing on the police rotation list. Past unsatisfactory performance, for any reason, is sufficient to justify non-renewal to the police rotation list. 5. The previous and existing compliance by the towing company with laws and regulations relating to the police rotation list. 6. The current needs of the Abandoned Vehicle Section. A. Applicants will be evaluated by the Montgomery County Department of Police Towing Supervisor. The Department reserves the right to inspect a tow company’s facilities, trucks and equipment during the evaluation process to determine if the lot conforms to the Tow- Truck Rules and Regulations requirements. The Department will then notify each applicant whether the tow company has been found eligible (or not) to be placed on the tow list. The Department also reserves the right to reject any tow company that does not meet the minimum requirements listed above. Each applicant rejected will be advised of the basis for non-eligibility and will be permitted to re-apply for the tow list after all deficiencies have been corrected. Selection to the Police towing-rotation lists is at the sole discretion of the Chief of Police. B. Approved towing companies will be issued a reflective decal with sequential numbers for each of the tow trucks in their fleet. This decal will remain the property of the Montgomery County Department of Police and must be returned to the Police Towing Supervisor upon termination, suspension, or removal from the Police rotation lists or if the tow truck is sold, transferred or destroyed. This decal will be placed on the left-front fender of the tow truck. The following, while not all-inclusive, may be cause for administrative action. The Chief reserves the right to determine administrative actions for violations not identified below. A. The following violations may cause a tow company to be subject to a 10-rotation suspension from all assigned rotation lists: 1. Five (5) responses in excess of 30 minutes with allowance made for traffic, road or weather conditions, within a two-month period of time. 2. Being unavailable thirty percent (30%) of the time or more in a one-month period. 3. Use of abusive language or being discourteous to any citizen or Police personnel in conjunction with a Police call/tow. 4. Unexcused overcharging of the scheduled fees within a one-year period of time. 5. Failure to release a vehicle upon demand of owner/operator/agent in the time frame specified in 30C.00.02.03A.14. 6. Failure to transfer a vehicle to the AVS within one hundred twenty (120) hours. B. The following violations are subject to a 20-rotation suspension from all assigned rotation lists: 1. Ten (10) responses in excess of 30 minutes, with allowance made for traffic, road or weather conditions, within a four-month period of time. 2. Two failures to release vehicle upon demand of owner/operator/agent in the time frame specified in 30C.00.02.03 A.14. 3. Two uses of verbal abuse or being discourteous to any citizen or Police personnel in conjunction with a Police call/tow within a one-year period of time. 4. Two unexcused overcharging of the schedule fees within a one-year period of time. 5. Utilizing an unauthorized/unapproved driver or vehicle on a Police tow. 6. Two incidents involving the failure to transfer a vehicle to the AVS within one hundred twenty (120) hours. C. The following violations may constitute grounds for immediate removal from the County Police tow list: 1. A pattern of inability to respond to Police calls for service in 30 minutes, with allowance made for traffic, road or weather conditions, in excess of B(2) above. 2. A pattern of being discourteous or verbally abusive to either the owner/operator/agent of vehicle or Police personnel, by either the owner or employees of a tow company on the Police tow list, in excess of B(4) above. 3. Any use of profanity or racial-, gender-bias, ethnic-, religious-, sexual-orientation and/or age-discriminatory comments, jokes, or remarks made to or directed toward any citizen or police personnel in conjunction with a Police call/tow. 4. A pattern of failures to comply with the schedule fees of these Executive regulations in excess of B(5) above. 5. Solicitation of any officer, Police Service Aide (PSA), or any other employee of a participating public-safety agency and/or Montgomery County Department of Police, for preferential treatment or consideration or the offer of any gift, gratuity or any other item of value by any tow-company owner, employee or agent to any member of the Department of Police. 6. Any violation of the Maryland Vehicle Law while responding to or completing any portion of a Police tow. 7. Any violation of criminal law while responding to or completing any portion of a Police tow. 8. Submission of a towing invoice with fraudulent information. 9. Two or more instances of utilizing an unauthorized/unapproved driver or vehicle. 10. Performing police tows without the required permits or insurance. D. If a tower is unavailable for thirty percent (30%) of the requests for a Police tow within a specific district within a two-month period, the tower may be removed from the rotation list for that district. The tower may request reassignment to that district one year after removal. The Chief of Police in his/her discretion may reassign the tower to that district. E. Prior to issuing a notice of administrative action, the Chief of Police must provide the tow company with a statement of charges (including the proposed administrative action) and allow a reasonable opportunity to respond, which must be not less than five (5) working days. Following receipt of any response, the Chief may impose administrative action. F. In instances where it has been determined that the towing company overcharged an owner/agent for a Police tow/storage, the towing company must reimburse the owner/agent for the amount exceeding the guidelines in 30C.00.02.04 (Scheduling of Tow Fees) and/or 30C.00.02.06 (Storage of Vehicles). Failure to comply with this regulation may result in the removal of the towing company from the Police rotation lists. G. If a towing company fails to submit their vehicle(s) to annual tow truck inspections or submits to the inspection and is placed out of service for equipment/mechanical violations, the vehicle(s) will be removed immediately from the assigned towing district(s). Once the vehicle(s) in question has been inspected/re-inspected and passes the inspection, the vehicle(s) will be placed back on the police rotation list(s). H. If a towing company issues a check to another towing company on the police rotation list as payment for police towing/storage charges and the check is returned for insufficient funds or the account is closed, the company issuing the check will be removed from the rotation lists until the invoice is paid in full. Any administrative action is subject to an appeal process. The appeal must be filed within fifteen (15) days of the date the notification letter was mailed. This appeal must be in writing to the Chief of Police stating all grounds for the appeal. Failure to appeal any administrative action within the time permitted will result in imposition of the administrative action. All appeals must be mailed by certified mail, return receipt requested, to: Chief of Police, Montgomery County Department of Police, 2350 Research Boulevard, Rockville, MD 20850. A second copy of the appeal letter must be sent via U.S. mail or hand-carried to the Police Towing Supervisor at 580 Metropolitan Grove Road, Gaithersburg, MD 20878. And in case of removal, an additional copy of the appeal must be provided to the Chief Administrative Officer (CAO), Executive Office Building, 101 Monroe Street, Rockville, MD 20850. In all cases, except removal actions, the Chief will convene a prompt hearing to be conducted by a hearing officer designated by the Chief. In cases where removal from a tow list is being appealed, the CAO, or his designee, will convene a prompt hearing to determine whether the proposed action is reasonable. The hearing officer or the CAO, or his designee, must conduct an informal hearing on the proposed action. The hearing officer or the CAO, or his designee, must, within 45 days, issue written findings of fact and conclusions of law, which are binding on the Chief. A. The Chief of Police may immediately suspend or remove a tower from the tow list in serious cases of violations of policy or procedure, or violations of criminal law. In such cases, the Chief must provide the tower with a statement of charges within five (5) working days following suspension. The Chief must either return the tower to active status or issue a notice of administrative action within five (5) working days of either receipt of the tower’s response to the statement of charges or the expiration of the time period for the tower to respond to the statement of charges, whichever is shorter. If the Chief does not take final action within the above time limits, the tower may appeal as provided above. B. The Chief of Police may suspend the use of the Police tow-log rotation system in the event of an emergency. If such an emergency occurs, district stations will be responsible for an effective procedure to maintain the tracking of all vehicles towed during the emergency. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts of this regulation. This regulation becomes effective December 1, 2004.

The terms used in the regulation have the same meaning as in Chapter 30C, Montgomery County Code. Each piece of a tractor trailer combination is considered to be a vehicle when a towing company tows both pieces as a unit. This regulation does not apply to the following: (a) towing initiated by the vehicle owner; (b) towing approved or requested by a police officer, firefighter, or rescue squad member in the course of duty or under the state law on abandoned vehicles; or (c) towing a motor vehicle while repossessing it. When towing a motor vehicle from private property without the consent of the owner, a towing company must not charge more than the following rates: (a) for vehicles with a gross vehicle weight rating of 8,000 pounds or less: (1) for attaching the vehicle to be towed to the tow truck, towing the vehicle to a storage site and the first 24 hours of storage; including any other service needed to safely remove the vehicle (such as unlocking, disconnecting and reconnecting the driveshaft, securing the steering wheel, dollying, flatbedding, or use of go-jacks) – $170.00; (2) the receipt that must be furnished to the vehicle owner in accordance with Montgomery County Code Section 30C-9(e) must list the tow truck’s odometer readings when the vehicle is attached and when it reaches the storage site; and (3) for storing the vehicle until it is redeemed – $35.00 for each 24-hour time period, or portion thereof, the vehicle remains in the custody of the towing company, after the first 24-hour time period. For the purposes of this subsection, a towing company does not have custody of the vehicle until the vehicle actually reaches the storage site. The receipt that must be furnished to the vehicle owner in accordance with Montgomery County Code Section 30C-9(e) must state the date and time when the vehicle reached the storage site, when the police were notified, and when the vehicle was redeemed by its owner. (b) for vehicles 8,001 to 20,000 pounds gross vehicle weight rating: (1) for attaching the vehicle to be towed to the tow truck, towing the vehicle to a storage site and the first 24 hours of storage, including any other service needed to safely remove the vehicle – $285.00; (2) the receipt that must be furnished to the vehicle owner in accordance with Montgomery County Code Section 30C-9(e) must list the tow truck’s odometer readings when the vehicle is attached and when it reaches the storage site; and (3) for storing the vehicle until it is redeemed – $50.00 for each 24-hour time period, or portion thereof, the vehicle remains in the custody of the towing company after the first 24-hour time period. For the purposes of this subsection, a towing company does not have custody of the vehicle until the vehicle actually reaches the storage site. The receipt that must be furnished to the vehicle owner in accordance with Montgomery County Code Section 30C-9(e) must state the date and time when the vehicle reached the storage site, when the police were notified, and when the vehicle was redeemed by its owner. (c) for vehicles over 20,000 pounds gross vehicle weight rating: (1) for attaching the vehicle to be towed to the tow truck, towing the vehicle to a storage site and the first 24 hours of storage, including any other service needed to safely remove the vehicle – $570.00; (2) the receipt that must be furnished to the vehicle owner in accordance with Montgomery County Code Section 30C-9(e) must list the tow truck’s odometer readings when the vehicle is attached and when it reaches the storage site; and (3) for storing the vehicle until it is redeemed – $100.00 for each 24-hour time period, or portion thereof, the vehicle remains in the custody of the towing company after the first 24-hour time period. For the purposes of this subsection, a towing company does not have custody of the vehicle until the vehicle actually reaches the storage site. The receipt that must be furnished to the vehicle owner in accordance with Montgomery County Code Section 30C-9(e) must state the date and time when the vehicle reached the storage site, when the police were notified, and when the vehicle was redeemed by its owner. (d) A towing company must not charge for any act not listed in this section unless that act was expressly requested by the vehicle owner. The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect. This regulation takes effect immediately after adoption by the County Council.

For the purpose of quadrennial review, the administrative cost charged the owner of any vehicle that is impounded or immobilized in accordance with the provisions of Chapter 31 shall continue at $10, effective October 30, 1992. Further, such administrative charge must be paid before the vehicle is released. The administrative costs collected shall continue to be held in an expense fund maintained by the Department of Finance and used to defray the expenses associated with the extraordinary collection methods of impoundment and immobilization.

The purpose of this regulation is to establish civil penalties in accordance with § 21-706.1 of the Transportation Article. The civil penalty to be imposed for a violation of §21-706.1 of the Transportation Article is $250 to conform with the decision of the Chief Judge of the District Court of Maryland.

Council Resolution No. 20-806 Subject: FY26 Transportation Fees, Charges, and Fares Action: Transportation fares, fees, and charges in Resolution 20-506 are amended as described in Table 1, attached. Effective dates for Transportation Management District charges have been updated. Changes to Ride On bus fares take effect June 29, 2025. All other changes become effective July 1, 2025 or as otherwise specified in law. TABLE 1: TRANSPORTATION FARES, FEES, AND CHARGES I. Transit Fares | Ride On, Ride On Extra, Ride On Flex and Flash Fares | Free II. Parking Fees (Note: No payment is required for motorcycles in spaces or areas where only motorcycle parking is permitted. No payment is required for any vehicle at all public parking spaces on Sundays and County holidays.) III. Parking Fines and Other Charges (with County Code Section Citations) IV. Transportation Management District (TMD) annual fees In this section Gross Floor Area (GFA) is defined as described in Section 52-47 of the County Code. (Legislative History: Council Res. No. 20-806; Supersedes: Council Res. No. 20-506; which superseded Council Res. No. 20-167; which superseded Council Res. No. 19-1259; which superseded Council Res. No. 19-1070; which superseded Council Res. No. 19-997; which superseded Council Res. No. 19-856; which superseded Council Res. No. 19-441; which superseded Council Res. No. 19-115; which superseded Council Res. No. 19-37; which superseded Council Res. No. 18-1162; which superseded Council Res. No. 18-1129; which superseded Council Res. No. 18-808; which superseded Council Res. No. 18-547; which superseded Council Res. No. 18-489; which superseded Council Res. No. 18-128; which superseded Council Res. No. 17-1088; which superseded Council Res. No. 17-746; which superseded Council Res. No. 17-431; which superseded Council Res. No. 17-139; which superseded Council Res. No. 16-1410; which superseded Council Res. No. 16-1358, which superseded Council Res. No. 16-1214, which superseded Council Res. No. 16-1260, which superseded Council Res. No. 16-951, which superseded Council Res. No. 16-821, which superseded Council Res. No. 16-452, which superseded Council Res. No. 16-589, which superseded Council Res. No. 16-283, which superseded Council Res. Nos. 16-236 and 16-140, which superseded Council Res. No. 15-1730, which superseded Council Res. No. 15-1481, which superseded Council Res. No. 15-1326; which superseded Council Res. No. 15-789)

As used in this Executive Regulation, the following definitions apply: Block – That property abutting both sides of a street that lies between the nearest intersecting streets or the nearest intersecting street and railroad right-of-way, un-subdivided acreage or body of water or between any of the aforementioned and any other barrier to the continuity of development. Dimensions may also be determined by unique block number. In all other circumstances not specifically addressed, the Director of the Department of Transportation or Director’s designee shall have the final determination. Applicant Block – Block of residents that initiates process to establish a residential permit parking area. Eligible Block – Block within the boundaries of an established residential permit parking area that does not currently have residential parking restrictions. Participant Block – Block within the boundaries of a residential permit parking area on which permit parking restrictions have been installed. Residents of this block are qualified to purchase permits. Block Face – One side of the street on a block. Contract Work – Scheduled work on a residence that may require multiple visits by a contractor or commercial enterprise for an extended period which is not recurring in nature. Curb Occupancy – The total amount of legal on-street parking on a particular residential block or block face that is occupied. This measurement is expressed as a percentage. Intra-commuting – Practice of residents from one section of a residential permit parking area travelling to and parking on blocks in another section of that same residential permit parking area in an attempt to gain easier access to some facility or feature. Permit – A unique identification assigned to a specific vehicle that allows that vehicle to park within the boundaries of an explicit residential permit parking area where permit parking restrictions exist. The permit could be in the form of a placard, sticker or electronically matched to a vehicle’s license plate number or some other sort of identification method. Metro Impact Area – Any neighborhood within a 4,000 foot radius of an existing or approved metro or light rail station that could be impacted by commuting motorists to that station. Approval of the metro or light rail station is determined by the appropriate transportation agency. A metro impact area takes into account homeowner/civic association boundaries as well as natural, and infrastructure boundaries. It does not include special taxing districts, municipalities, private developments or government complexes within which the Montgomery County Department of Transportation has no jurisdiction. Non-local Vehicles – Vehicles not registered to addresses within 1,000 feet of the applicant block(s) or within Montgomery County. This can include vehicles belonging to residents who are intra-commuting. Residential Permit Parking Area (RPPA) – The area encompassed by a legal boundary determined by the Department of Transportation and established by executive order. It could encompass not only the applicant block(s), but also surrounding blocks and streets. A unique name identifier is given to each area. The Montgomery County RPP Program is designed to mitigate adverse on-street parking effects generated by public facilities or areas that have been zoned as commercial or business districts on surrounding neighborhoods. The program is not a mechanism to resolve on-street parking issues created by adjacent or neighboring residential properties. As a result, this program is not available to all residents within Montgomery County. Outside of a Metro Impact Area only single-family dwelling units are eligible to participate in the program. Inside of a Metro Impact Area single-family and multi-family dwelling units may request residential permit parking. However, multi-family dwelling units are only eligible upon a determination by MCDOT that the property/properties within the requested area have inadequate off-street parking available based on zoning regulations. Within a neighborhood participating in the RPP Program, residential permit parking restrictions: 1. Must not be installed on roads where parking has been prohibited for safety or operational reasons as determined by MCDOT. On roads where MCDOT has restricted parking during certain periods for operational purposes, permit parking may be allowed, however, permits do not authorize parking during the periods when all parking has been restricted by MCDOT. 2. Must not be installed on a Block Face zoned for a non-residential use. 3. Must not be installed adjacent to properties that do not function as residences but are zoned for residential use unless the Director makes a finding that the properties are (1) not publicly owned, (2) not needed for public use in the reasonably foreseeable future, and (3) not capable of supporting building improvements in the reasonably foreseeable future. 4. Must not be installed on privately maintained roadways. 5. Must not be installed within the boundaries of a Parking Lot District (PLD). A request to establish a residential permit parking area (RPPA) may be made by a Montgomery County resident or group of residents. The resident must be a homeowner or tenant on the Applicant Block for which they are requesting the residential permit restriction. The request for the establishment of a RPPA must be in writing and include the following: 1. A clear statement of the time of day during which it is believed that the volume of non-local on-street parking is highest. 2. If multiple residents submit the request for one Applicant Block, a designated contact must be identified by name, address, telephone number and email address (if available). This resident will be the primary contact through which MCDOT will communicate. 3. A statement of support from requested area’s homeowner or civic association president or traffic committee representative. If no such community organization exists, the request must include a petition with at least 50% of the households on the Applicant Block signing in favor. The request can be mailed, first class, postage prepaid to: Chief, Division of Traffic Engineering and Operations 100 Edison Park Drive, 4th Floor Gaithersburg, Maryland 20878 The request can also be emailed to MCDOT at TrafficOps@montgomerycountymd.gov or faxed to 240-777-2080. Upon receiving the written request from an Applicant Block, MCDOT staff will conduct an investigation of traffic conditions on the Applicant Block to determine if residential permit parking is warranted. As part of its investigation, MCDOT must determine that the following requirements have been satisfied before proceeding to a public hearing: Inside of a Metro Impact Area A statement of support or petition (as described in Section 31.48.01.03) will be the only requirement. Outside of a Metro Impact Area In the event that a parking restriction (e.g., two-hour parking, 7 AM - 7 PM, Monday - Friday) is already in place on the Applicant Block, a statement of support or a petition (as described in Section 31.48.01.03) is all that will be required. The existing non-permit parking restriction must be in place for at least one (1) year before residents can request the establishment of a RPPA. Where parking restrictions have not already been installed, the following Curb Occupancy criteria as measured and evaluated by MCDOT must be satisfied for the Applicant Block: 1. When total Curb Occupancy exceeds 50%, at least 50% of the vehicles must be non-local. 2. When total Curb Occupancy exceeds 40%, at least 75% of the vehicles must be non-local. Creation of RPPA Boundaries If the criteria in Section 31.48.01.04 are satisfied for the Applicant Block, MCDOT will draft a boundary for the potential RPPA to present at a public hearing. The proposed boundary may include more than the Applicant Block since on-street parking often migrates to adjacent Blocks after parking restrictions have been installed. In cases where an Applicant Block is within an existing or future Metro Impact Area, MCDOT will determine if additional neighborhoods within the 4,000-foot radius should be included in a proposed RPPA. Since this could encompass a large area, MCDOT will use the criteria listed below to determine if multiple RPPAs should be proposed and presented at a public hearing. The following criteria will be used by MCDOT staff when drafting the boundaries of the proposed RPPA(s). 1. Civic and homeowner association boundaries. 2. Natural boundaries such as parks and bodies of water. 3. Infrastructure boundaries such as major or arterial roads. 4. Walking distance from a public facility and existence of pedestrian amenities such as sidewalks and marked crosswalks. When the Applicant Block consists of a multi-family dwelling or multi-family dwellings, the proposed boundary will only consist of the Block Face adjacent to the multi-family dwelling property or properties. RPPAs for multi-family dwellings must remain separate from RPPAs for single-family dwellings. Modification of RPPA Boundaries In lieu of creating a new RPPA, MCDOT may propose a modification to an existing RPPA if an Applicant Block has satisfied Sections 31.48.01.03 and 31.48.01.04. The determination of whether to modify an existing RPPA or create a new one will be made by the County Executive. Residents may also request that the boundaries of an existing RPPA be modified to mitigate intra-commuting issues. All requests of this nature must follow the procedure outlined in Section 31.48.01.03 and meet curb occupancy criteria in Section 31.48.01.04. Prior to the creation or modification of a RPPA, a public hearing must be held. Upon determination that an Applicant Block satisfies all criteria set by Sections 31.48.01.03 and 31.48.01.04, the following procedure must be followed by the MCDOT: 1. Notify applicant and the homeowner/civic association(s) of the MCDOT’s findings and proposed RPPA boundary. 2. Receive hearing fee established pursuant to Section 2-57A from the requesting party. MCDOT may waive the hearing fee if the petition for the Applicant Block represents that it is unable to afford the hearing fee due to indigency. 3. Schedule the required public hearing. 4. Advertise the public hearing in a general local circulation newspaper and on Montgomery County’s Official Web Site. 5. Post public hearing notice signs on site at least 30 days prior to the hearing date. Following the public hearing, the Hearing Officer will submit a report and recommendation to the County Executive. The County Executive’s decision must be sent in writing to any interested person, including the applicant, and all persons who submitted written statements or comments before, during or after the public hearing or who spoke at the public hearing. Following the approval of a RPPA, residents of Eligible Blocks may petition for the installation of residential permit parking restrictions. MCDOT will provide a petition form after a specific permit parking restriction has been selected by the residents and approved by MCDOT. For a permit parking restriction to be installed on a block, at least two-thirds of the households on that block must sign in favor of the restriction. Modification to a residential permit parking restriction on a Participant Block would follow the same procedure. Residents of a Participant Block may request the removal of a residential permit parking restriction. MCDOT will provide a petition form on which a majority of the households (over 50% of the block) must sign in favor of having the permit parking restriction removed. The signed and completed petition form(s) for the installation, modification or removal of residential permit parking restrictions must be returned to MCDOT not later than ninety (90) calendar days following their issuance. The request to install, modify or remove the residential permit parking restrictions will be terminated if the signed and completed petition form is not Once a residential permit parking restriction has been installed for a Participant Block, that restriction will remain for at least one (1) year before MCDOT will consider a petition for its removal. A Participant Block that has petitioned to have a permit restriction removed may not petition for the reinstallation of a permit restriction for at least one (1) year from the date the restriction is removed. Residents may request that a restriction be modified at any time. Only residents of Participant Blocks are eligible to obtain Permits. Residents living within the boundaries of a RPPA on roadways where parking is prohibited for safety or operational reasons may obtain Permits following approval from MCDOT. Residents living within the boundary of a RPPA with an address on a privately maintained roadway are not eligible to purchase Permits. Residents living within a Participant Block are not required to purchase Permits. The RPP Program is voluntary and residents may forgo the purchase of Permits if they believe them unnecessary. However, any vehicle parked on a Participant Block without a Permit during restricted hours is subject to ticketing. Residents living within a Participant Block may register their vehicle(s) for Permits as follows: 1. Online through the MCDOT web page at any time; 2. Over the telephone during hours set by MCDOT; or 3. In person at one of the sales offices during standard business hours. Permits become active immediately following registration. Prices for the various types of Permits are set by the Montgomery County Council. A. Resident Permits Each person residing at an address on a Participant Block is eligible to purchase a Permit for each vehicle they have registered to that address. These Permits are renewed annually. MCDOT utilizes Maryland Motor Vehicle Administration (MVA) records to determine whether a vehicle is eligible for a Permit and therefore residents need only provide their vehicle(s) license plate number(s). B. Permits for New Residents and Students and Military Personnel For residents moving into a home on a Participant Block, a one-time 30-day temporary Permit may be obtained at no charge for all vehicles registered to the new home owner or tenant. A permanent Permit may be obtained upon the vehicle(s) being registered at the new address. Students and military personnel who will be living at an eligible address temporarily and therefore will not be updating their vehicle registration may purchase Permits after submitting approved documentation electronically through the MCDOT web page or in person to a sales office. These Permits will be renewed annually. C. Transferable Visitor Permits Two (2) visitor Permits may be purchased per eligible address and are renewed annually. These Permits can be assigned to any number of vehicles (one vehicle at a time) for a variety of time periods. D. Employee Permits Residents operating an approved home-based business or residents with an in-home employee(s), such as a nanny or caretaker, may purchase up to two (2) transferable permits for their employees which must be renewed annually. Residents operating a home-based business must provide MCDOT with a copy of their certificate of registration. Residents with in-home employee(s) must provide MCDOT with the proper tax documentation. E. Contract Work Permits Up to five (5) Contract Work Permits may be purchased by a resident living at an eligible address. These Permits can last up to 6 months and are transferable. Any resident applying for Contract Work Permits must submit the proper documentation electronically through the MCDOT web page or at a sales office during standard business hours before a Permit(s) will be issued. Residents can reapply for these Permits for projects exceeding 6 months. F. Temporary Medical Condition Permits Up to three (3) temporary and transferable permits may be requested by a resident for situations where medical assistance is necessary for someone dwelling in their home. These permits can be used by family, friends and/or professional health caretakers in cases of temporary illness or when home health care services such as medical treatments, respite care, elder care or hospice care is necessary. A resident must provide MCDOT with documentation/confirmation indicating medical or health care services are needed prior to approval of these permits. Initially, these permits can be obtained at no charge and will last up to 3 months. If a resident requires these permits for longer than three months, additional documentation/confirmation must be provided to MCDOT to purchase these permits. G. Temporary Visitor Permits Temporary visitor Permits may be obtained upon request by residents at no charge. These Permits, which are subject to MCDOT approval, can last up to seven days from date of issue. H. Exemptions Non-resident commercial and/or service vehicles that are clearly marked are exempt from permit restrictions when conducting temporary activity within the area. Public utility vehicles are exempt from permit restrictions when performing necessary work within the area. I. Permit Abuse Residents found registering vehicles for transferable visitor Permits or purchasing employee Permits for reasons other than their intended use may have their Permit purchasing privileges suspended for a time period determined by the MCDOT. Temporary Permits will also be unavailable to these residents during this time period. J. Quebec Terrace RPPA 1. Within this 31.48.01.08, subsections A through G and subsection I shall have no applicability within the Quebec Terrace RPPA. 2. Only one (1) Permit may be issued for each residential address located within a Participant Block of the Quebec Terrace RPPA, irrespective of the number of vehicles registered to that address. The Permit holder must be a resident of the address for which the Permit is issued. A Permit must be renewed annually.

The purpose of this regulation is to increase the storage fee from $10.00 to $15.00 per day for the impoundment of abandoned vehicles. The assessment of a storage fee is authorized per Sections 31-62(c), 31-63, and 31-65 of Chapter 31, Motor Vehicles and Traffic, Montgomery County Code 1984, and Sections 25-204(b)(4) and C(I)(ii), of the Transportation Volume of the Annotated Code of Maryland 1977 (1984 Cum. Supp.) A storage fee of $15.00 per day applies when an abandoned vehicle is taken into custody and stored on property owned by or under the control of Montgomery County, Maryland. In addition to the charges by Montgomery County, owners of abandoned motor vehicles also may be liable to private contractors for storage before the vehicles were removed to Montgomery County storage facilities. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation will become effective thirty (30) calendar days after the deadline for comments published in the Register.

The objective of this regulation is to enhance neighborhood traffic safety and maintain "livable" residential environments by providing a procedure for reducing excessive volumes of through traffic. This policy provides a systematic and uniform approach to the decision making necessary to implement traffic access restrictions to discourage through traffic on residential streets. Residential traffic volume management is desirable to ensure pedestrian and vehicular safety, prevent noise and air pollution, vibration, and pavement deterioration, and maintain visual tranquility. However, public policies must recognize that traffic volumes exist because those who live or work in the County depend on the mobility afforded by the automobile as a primary means of transportation. Every resident driving a vehicle in some other residential area outside his or her own neighborhood becomes a "cut-through driver" or a "commuter". One resident's use of the public roads for necessary travel to work, schools, shopping or the library may be perceived by another resident as an "excessive" traffic presence. This policy attempts to balance the needs of all impacted parties while maintaining the efficient and appropriate use of County streets. As used in this Executive Regulation, the following definitions apply: Access restriction - a prohibition or barrier preventing full or directional entry into or through a particular street; a prohibition may be for specific times or at all times. Arterial roadway - a road that serves to move traffic between major highways or other arterial roads providing a high level of traffic service and a moderate level of direct access to local development. Director - The Director of the Department of Transportation. Major highway - a roadway with limited or controlled access that carries high through traffic volumes between freeways, central business districts and other major traffic generators. Major highways provide a high level of traffic service and a low level of direct access to local development. Management plan - that group of traffic controls, which may include signs, pavement markings, and physical devices or barriers, designed to reduce, divert or discourage non-local traffic in a particular neighborhood or on a particular neighborhood street. Non-local traffic - those vehicles entering or exiting a neighborhood street and having a registration address further than 3/4 mile (4000 feet) straight line distance from any point on the street under evaluation; estimated by means of a license tag survey sample or other appropriate methods. Operating speed (85th percentile) - that speed at which 85 percent of a measured sample of vehicles travels at or below; this is the most commonly used statistic to evaluate operating speeds on a particular roadway. Primary residential street - a neighborhood street serving as a collector for local traffic from secondary and tertiary residential roadways, designed to feed traffic to arterial and major highways. Primary roadways provide a moderate level of traffic service and a high level of direct residential property access. A Master Plan primary street is a street so designated in a Master or Sector plan. Secondary residential street - a neighborhood street providing a high level of direct residential access and a limited level of traffic service; not intended to provide for traffic traveling through the neighborhood. Tertiary residential roadway - a neighborhood roadway with similar function to a secondary street but having a narrower right-of -way and typically ending in a cul-de-sac. Through traffic - vehicular traffic entering or exiting a neighborhood without origin or destination in that neighborhood. Traffic shed - that system of interconnected roadways within a neighborhood or portion of a residential community feeding into one or more arterials or major highways. Traffic Volume Management area - that neighborhood or portion of a residential community which encompasses a natural traffic shed and whose residents may be required to use alternate access routes to or from their residences if a particular traffic access restriction was installed on one or more streets within its boundaries. Volume - the number of vehicles that cross a specific point on a given section of roadway during a specified time period. A. Application A request for neighborhood through traffic volume restrictions may be made by a local citizens association which represents a significant number of residents or by a petition from 15 percent of the households in an area being proposed for traffic restrictions. The Department of Transportation ("the Department") will provide a standard application form for this purpose. Neighborhoods which had submitted written requests for volume restrictions prior to adoption of this Regulation will not be required to re-apply. B. Eligibility The Department must assess the area described in the application and adjust boundaries as appropriate to delimit the traffic shed. Once the Department defines this initial proposed traffic volume management area, the Department must conduct an eligibility analysis. Eligibility of one or more streets in a residential area for volume restrictions must be based on satisfying criteria for: • street classification; • measured traffic volumes; and • estimated non-local traffic. 1. Street Classification Only tertiary, secondary and primary residential streets are eligible for volume restriction measures. 2. Traffic Volume The Department must utilize traffic counts to determine traffic volume levels on those streets and during those time periods of concern as described in the residents, application. Counts conducted previously and on file may be used if, in the Department's judgement, they reasonably accurately depict current conditions. Otherwise, new counts must be performed. The counts must show that on at least one street in the proposed traffic volume management area for at least one hour of a weekday peak period or other, "off-peak" time period, the following two-directional volumes are met: • 400 vehicles per hour on a Master Plan primary street that operates with two unobstructed travel lanes, one for each direction of travel; or • 250 vehicles per hour on a residential street, not designated as primary in the Master Plan, that based on width and parking characteristics, operates with two unobstructed travel lanes, one for each direction of travel; or • 100 vehicles per hour on any residential street that based on width and parking characteristics, operates with only one unobstructed lane for travel in both directions. 3. Non-local Traffic Non-local traffic must exceed 50 percent of the highest hourly volume. Non local traffic volume may be estimated by means of a license tag survey sample or by other appropriate methods. If the Department determines that a street under consideration does not meet the eligibility criteria, the applicant must be so informed. An ineligible street(s) must not be re-evaluated again for at least three years, unless a significant change occurs in land use, traffic patterns or other conditions that would significantly change the eligibility analysis results. The Director may waive the Traffic Volume and Non-local Traffic criteria when special circumstances require through traffic volume access restrictions to achieve specific traffic safety or planning objectives. C. Prioritization The Department must prioritize all applications that it determined are eligible for further consideration. The initial prioritization, for all eligible applications that had been submitted prior to adoption of this Regulation, must be conducted as soon as possible after the Department completes the eligibility analyses. Thereafter, prioritization must be conducted semi-annually, in February and August of each year. Priorities must be based on point scores assigned to the street which met the eligibility criteria. The Department must select those applications with the highest point scores to move on to the project development phase. The number of projects selected must be based on available staff and fiscal resources. In cases where more than one street in the proposed traffic volume management area met the eligibility criteria, all eligible streets will be assigned point scores, but only that street with the highest score will be used to prioritize the application. Points must be assigned for each eligible street as follows: Volume - 10 points for each 10 percent that traffic volumes are above the minimum criteria. Non-local Traffic - 20 points for each 10 percent that non-local, traffic percentages are above the minimum criteria. Speed - 2 points for every 1 MPH that the operating speed (85th percentile) is above the speed limit. Pedestrian Activity and Facilities - 10 points if there are no sidewalks on the street; 5 points if there are sidewalks on only one side or discontinuous sidewalks; 5 points for each major pedestrian generator on the street (e.g. school, playground, park); 5 points if the street is a designated on-road bike route; 1 point for each school or transit bus stop. Parking/Driveway - 10 points for dense on-street parking or very closely spaced driveways; 5 points for moderate on-street parking or relatively closely spaced driveways. Visibility restrictions - for restrictions caused by road configuration, natural features, unremovable foliage, etc. -- 10 points for many restrictions; 5 points for moderate levels. Accidents - 2 points for each reported property damage only accident (including reports to police or by resident affidavit) and 5 points for each documented injury accident, over a three year period. A. Preliminary Plan On the basis of the data collected and analysis performed to determine eligibility and priorities, the applicant and the Department must develop a preliminary Through Traffic Volume Management Plan. Fire and Rescue Services must be consulted as appropriate in the development of the plan. The goal of the plan must be to address both the concerns of the neighborhood and the prevailing traffic conditions, by implementing the least restrictive traffic control measures and by implementing appropriate pedestrian safety improvements. This may result in a plan that does not include traffic controls which directly restrict or prohibit access into or through a neighborhood. Only plans that include traffic controls which directly restrict or prohibit access into or through a neighborhood are subject to the processes subsequently prescribed in this Regulation. These traffic controls include signs or physical barriers that establish turn or entry restrictions, one-way residential streets, or mandatory turns. Speed restraint devices such as speed humps or small traffic circles and pedestrian safety improvements such as crosswalks or sidewalks are addressed under separate processes established by the Department. The complete physical closure of a street is not authorized by this regulation, but rather must follow the requirements contained in the Montgomery County Code, Section 49, Article V, "Abandonment and Closing of Roads and Drainage Right-of-Way". The Director may determine that some plans which do not include proposed access restrictions, nevertheless present significant issues related to traffic diversion potential and must undergo the processes subsequently prescribed in this Regulation. It is the Department's responsibility to evaluate impacts of the proposed plan and to ensure that the plan reflects the governing law(s) and the application of sound public policy. Accordingly, the Department’s initial development and assessment of a proposed Through Traffic Volume Access Restriction Plan must consider the following factors: 1. Impact on surrounding residential communities - The impact on other streets of residential character to which traffic may be diverted as a result of traffic restrictions sought by the applicant must be evaluated, based on the particular characteristics of those roads, including but not limited to the same factors used in the eligibility and prioritization processes in 31.69.01.02 and 31.69.01.03 above. The Department must not recommend a plan that would result in excessive through traffic in other residential areas on primary, secondary or tertiary streets. 2. Impact on surrounding arterial/major road network - The ability of the surrounding road network and nearby signalized intersections to safely and efficiently accommodate the diverted traffic must be evaluated. Although impacts on the surrounding arterial and major road network will be assessed, traffic volume increases alone must not automatically preclude consideration of a Through Traffic Volume Access Restriction Plan. 3. Impact on public facilities and other community destination - The Department must evaluate whether there would be an adverse impact on access to a public facility, such as a school, park, or library, or other significant community destinations such as a church, shopping center, or other business area. 4. Compatibility with master/sector Plan - The Department, in consultation with Planning Board staff, must evaluate whether the proposed plan complies with approved and adopted master plans. Any "Planning Board Draft" master plan for the area must also be considered. B. Community Discussion Paper The Department must report its preliminary assessment in a "Community Discussion Paper", which must include: 1. a copy of the applicant's request; 2. a summary of the eligibility and point score; 3. a description of the preliminary through traffic volume restriction plan, and; 4. the impact analysis conducted by the Department This document will serve as the basis for the discussions with residents and other potentially impacted parties in the community assessment phase. C. Community Assessment The main objective of the community assessment is to ensure public disclosure and access to information. The Department and the applicants must identify parties, e.g. citizens associations, organizations, municipalities, local chambers of commerce, schools, hospitals, businesses, parks, and other community facilities and organizations potentially impacted by proposed through-traffic volume access restrictions. The steps in the community assessment process are: 1. Public Notification - The Department must disseminate notices and the Community Discussion Paper to potentially impacted parties including nearby Citizens Associations registered with the Planning Board for a 30-day public notification period. Signs announcing the specific access restrictions under consideration, with a telephone number to call for information, must be posted for the same 30-day period. A copy of the notice must be sent to the County Public Information Office. 2. Working Groups and/or Meetings - The Department must seek advice on the proposed plan from affected residents and other interested parties through regular open meetings of informal working groups or other reasonable means. 3. Advisory Committee - In cases where the proposed plan affects a significant number of varying interest groups, is very complex or is anticipated to cause significant community impacts, the Department may recommend creation of an Advisory Committee, consisting of from five to nine members, to assist in developing a final plan. The Department must recommend to the County Executive candidates for appointment and confirmation by the County Council. When possible, the task force members must be fairly balanced between the applicants and the surrounding or general community. D. Final Plan Within 60 days after the close of the notification period (or 60 days after confirmation of an Advisory Committee), the Director must recommend a final plan and the boundaries of the area in which it would be implemented. The Director also must recommend whether the plan should be implemented as a test project or permanent project, and must develop a set of criteria by which the success or failure of a test project will be measured if it is recommended as a test project. E. Public Hearing Within 60 days after the Director recommends a final plan, the Executive or a designee must hold an evening public hearing to present the proposed plan and receive public testimony. Notice of the hearing must be published for two consecutive weeks in a newspaper of general circulation in the County with the last publication at least 15 days before the hearing. The notice must specify the boundaries of the proposed area, describe the proposed plan, and tell where to obtain more information. A sign giving notice of the hearing must be posted prominently in the area. A notice of the hearing must also be sent to all the parties contacted under the initial public notification step. The hearing record must be held open up to 30 days. The Executive must issue a statement of decision within 30 days after the hearing record closes. A copy of the Executive's decision must be mailed to the previously contacted parties, the applicants, and all persons who submitted written comments or spoke at the public hearing. In considering whether to approve a proposed access restriction plan, the Executive must consider the factors listed in Section 31-69(f) of the County Code. Approval of a proposed access restriction plan by the Executive must be based on a judgment that the benefits of the plan to residents of the specific neighborhood or streets covered by the plan outweigh the potential impacts to the surrounding community, arterial/major road network, and public facilities or other destinations. On the basis of the information received during the hearing process, the Executive may revise the plan. The Executive's decision must specify the boundaries of the area where the plan will be implemented, and whether the plan will be initially implemented as a test installation or permanent installation. F. Implementation Petition Before final approval of an access restriction plan by the Executive as a Method 3 regulation, the Department must ask the applicants to collect a petition for implementation from residents in the area approved by the Executive. A signature on the petition by a simple majority of households (one adult resident signature per dwelling unit) within the area must be received to adopt the plan. A. Test Installations The Department must implement test installations within 60 days (weather permitting) after receipt of the required implementation petition. Within three to 12 months after a test installation, the Department must evaluate the plan's performance using the criteria established by the Director. The Director will decide whether to retain the plan on a permanent basis. If the decision is negative, the test installation must be removed. If the decision is positive, notice that the test was deemed successful and that the installation will remain or be constructed in permanent form, will be posted for 30 days (following the same posting procedure as specified in 31.69.01.04C.1). B. Permanent installations The Department must implement a permanent plan as soon as practicable after receipt of the required implementation petition or a decision to make a test installation permanent. Plans requiring only passive traffic control devices (e.g. signs and markings) must be implemented within 60 days, weather permitting. Plans requiring physical devices (e.g. construction) must be placed on the capital improvement program schedule, dependant on funding availability. If within 90 days after a permanent installation, significant unanticipated problems develop as a result of the installation, or at any time if documented safety problems develop, the Department may suspend the plan and re-open the process. Public notification will follow the same procedure specified in 31.69.01.04.C.1. Not earlier than three years after installation of traffic control devices, the Department may decide to reassess a through traffic volume access restriction plan that was installed either before or after this regulation became effective. Upon receiving: 1. a petition for removal or major alteration of access restrictions signed by at least 35% of the households (one adult signature per dwelling unit) in the Traffic Volume Management Area (see Definitions) as implemented; or 2. a petition from at least 35% of the directly impacted households as defined by the Department (one adult signature per dwelling unit) in an adjacent residential neighborhood within a distance of 3/4 mile from the access restrictions, explaining why traffic restrictions are no longer required due to changed conditions, or why the restrictions are causing undue burdens or significant safety problems which were not considered in the original decision to implement the plan. he Department must hold a public hearing. After the public hearing, the Department must decide whether to retain the plan or re-assess the plan. If the Department decides to reassess, the Department must conduct a new traffic study and prepare a Community Discussion Paper evaluating the alternatives and their impacts. The project development: process as specified under 31.69.01.04 C, D, E must be followed. After completion of a reassessment process, further requests for reassessment of an access restriction must not be considered until an additional three years has elapsed.

The County Executive may establish a registration fee on a sliding scale based on the number of employees engaged in repair work with incentive for employees to participate in voluntary certification through the National Institute for Automotive Service Excellence (ASE). 1.1 The following registration fees are established for any person, firm, or corporation engaged in business to repair, maintain, or tow motor vehicles or install, repair, or maintain motor vehicle equipment. a) Business Engaged in Both Repair and Towing Average Number of Fee ASE Discount Employees Per Week Fee 1 to 5 $138.00 $111.00 6 to 10 $219.00 $175.00 11 or more $299.00 $240.00 Businesses are eligible for the ASE discount fee if 25 percent of their mechanics are certified by the National Institute for Automotive Service Excellence. The ASE discount fee is 20 percent less than the regular fee. b) Business Engaged in Towing Only Number of Tow Trucks Fee 1 to 5 $138.00 6 to 10 $219.00 11 or more $299.00 Registration fees shall be paid at the time an application for a certificate of registration is filed. Certificates of registration shall be valid for an initial period of one year from the date of issuance. Certificates are renewable upon application for a period of three years. 2.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

The following words shall have the meaning assigned below for the purpose of these procedures: A. Ambient Noise - The total noise associated with a given environment, excluding the noise source of interest. B. Decibel-A-Weighted (dBA). The sound level, in decibels, measured with a sound level meter using the A-weighting network or scale as specified in ANSI S1.4-1983 (Specification for Sound Level Meters). C. External Calibration - The testing under controlled conditions of the sound level monitoring system, by use of a calibration device, whose sound level output and frequency is accurately known, for the purpose of ascertaining the accuracy of the system within the meaning of Section 31B-7(d) of the Code. (The system includes a microphone, microphone cable, sound level meter and its internal components.) D. Field Crest Factor - A field crest factor, for the purposes of making a determination of impulsive noise, must be accomplished using an impulse precision sound level meter and will be calculated using: Field Crest Factor - (Max IP (dBA)) - (Max SR (dBA)) Where Max IP = Maximum impulse peak sound level Max SR = Maximum slow response sound level E. Impulsive Noise. (1) Noise characterized by short bursts of acoustical energy, having: (a) A rapid rise to a maximum pressure followed by a somewhat slower decay; (b) A duration not greater than 1 second; and (c) A field crest factor of 10 dBA, or greater. (2) Examples of impulsive noise sources are weapons fire, pile drivers, and some rock drills. F. Intermittent Noise - A noise which goes on and off but which is steady while it is on. G. Large Reflecting Surface - Surfaces which may cause an interference with the noise measurements being taken (e.g., wal1s, floors, etc.) H. Noise. Any steady-state or impulsive sound occurring on either a continuous or intermittent basis that annoys or disturbs humans or that causes or tends to cause an adverse psychological or physiological effect on humans. I. Noise disturbance. Any sound that is: (1) Unpleasant, annoying, offensive, loud, or obnoxious; (2) Intermittent or continuous; (3) Abnormal for the time of day or location where it is produced; (4) Produced or correctable by human agency; and (5) Prejudicial to the reasonable enjoyment of health, comfort, or safety of any individual or causes injury or damage to persons, property, or the conduct of business. J. Periodic noise. Noise characterized by repetitive fluctuations in level of 10 dBA or more that occurs at a repetition rate between 0.5 repetitions per minute and 2.0 repetitions per second. K. Qualification - A laboratory type calibration including a series of tests using the full frequency sweep capability of microphone plus meter, plus A-weighting network demonstrating compliance with ANSI specification S1.4. This is not a required calibration within the meaning of Section 31B-7 of the Noise Control Ordinance which discusses the field calibration of the sound level meter. L. Qualified - Calibrated by an authorized acoustical standards laboratory or an authorized factory representative. M. Quasi-Steady Noise - A rapid series of impulses that have the same effect on the meter as a steady noise. N. Rapidly Fluctuating - Continuous noise whose level varies rapidly over a range greater than 3 dBA on the fast scale during the course of the measurements. O. Steady Noise - Noise whose level varies less than 3 dBA read on the slow scale during the course of the measurements. P. Sound Level. The level observed on an approved sound level meter, as specified in Section 31B-7 of the Code. Q. Source. Any activity, occupation, business or operation conducted on land or water or in or upon a building or other structure, including streets and thoroughfares. R. Source of Violation - Consists of a single source, or of several distinct sources if all are being operated on the property of a single owner. S. Tonal noise. Any sound that is composed of one or more pure tones. A pure tone means any sound that can be distinctly heard as a single pitch. For the purposes of this Regulation, a pure tone exists if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 hertz and above and by 8 dB for center frequencies between 160 and 500 hertz and by 15 dB for center frequencies less than or equal to 125 hertz. T. Violator. Any person actually causing, operating, responsible for or otherwise having direct or indirect control over any use which is proved to violate any provision, standard, regulation or rule of this Regulation. The intent of the following measurement section is to specify straightforward procedures for measuring sound levels for compliance with the Montgomery County Noise Control Ordinance, applicable to the large majority of expected situations, and to specify the limits of applicability of these procedures, i.e., situations in which acoustical specialists and/or specialized equipment may be required to supplement these procedures. The following procedures shall be reviewed periodically with reference to changes in the practice of noise measurement, instrumentation, County Code, and legal precedent. A. Equipment The following equipment shall be used: (1) Sound-level meter and microphone meeting Type II specifications per the current ANSI S1.4. For measurements of tonal noise and impulsive noise, the meter and microphone shall meet Type I specifications. The meter shall be qualified annually with equipment traceable to the Bureau of Standards. (2) External calibration device with a known sound level output at a single frequency between 200 Hz and 1000 Hz. (3) Windscreen with insertion loss less than 0.5 dB below 8 kHz. (4) Stopwatch capable of cumulative operation and accurate to 2% or better. (5) Wind speed indicator with at least 20% accuracy at 12 miles per hour. (6) Earphones with impedance conforming to the sound level meter manufacturer's specifications. B. Sound Level Meter Calibration (1) The sound level meter shall be externally calibrated immediately before a series of measurements at each test site and if necessary, adjusted to read within 0.2 dBA of the level specified by the calibration unit. Measurements may be assumed to be valid if calibration checks before and after a series of measurements agree to within 0.5 dBA, otherwise these measurements shall not be used. Such calibration checks shall also be made immediately after the series of measurements and at least once per hour during the measurement series to ensure continuing accuracy of the equipment. (2) A battery check shall be performed immediately before and after a series of measurements at each test site. If either battery check is unsatisfactory, the measurements shall not be used for enforcement purposes. C. Equipment Settings (1) Steady (including Intermittent, Slowly Fluctuating or Quasi-Steady) Noise. a. A windscreen shall be used for all outdoor measurements. b. The "A" scale shall be used on the sound level meter. c. The attenuator shall be set so that maximum levels fall between the zero mark and full scale mark on the meter scale. (Wait at least five (5) seconds after changing the attenuator to take measurements.) d. The slow meter setting shall be used on the sound level meter. (2) Tonal Noise. a. A Type I sound level meter shall be used. b. Measurements shall be made in one-third octave bands. c. A wind screen shall be used for all outdoor measurements. d. 'The flat or linear scale shall be used on the sound level meter. (3) Impulsive Noise. a. Two Type I sound level meters shall be used. b. A wind screen shall be used on both meters for outdoor measurements. c. The impulse hold capability shall be used for measuring the peak sound level. d. The A scale and slow meter setting shall be used to measure the slow response. e. Two persons, one using the impulse hold and one using the slow response, will take measurements simultaneously. D. Measurements Locations (1) Measurements shall be taken at any location known to be on the property line of the alleged violator or outside the property of the alleged violator. Any doubt regarding the actual location of the property line must be resolved in favor of the operator of the source being investigated. (One exception is where the law specifies otherwise - e.g., at least 50 feet from construction equipment.) (2) The microphone shall be at least 3 feet above the ground while measurements are being taken. (3) The microphone orientation shall be as specified by the manufacturer. (4) No measurement shall be made closer than 3 feet to any large reflecting surface. (5) Measurements conducted on private property must be done with permission of the owner or his representative, or under the authority of a search warrant or a court order. (6) Outdoor measurements shall not be conducted in the presence of wind speeds greater than 12 miles per hour, nor in the presence of precipitation or fog. (7) When measurements are made at the boundary of the property of an alleged violator, they shall be made at a minimum of two locations. The observer should walk the site boundary and note the trend of sound levels. The locations should be selected to meet one or more of the following criteria: a. Local maximum; the location where the highest A-weighted sound level is measured. b. Local minimum; the location where the lowest A-weighted sound level is measured. c. Sensitive locations; considering sound sources and receivers, including upper floors of nearby structures. d. Locations nearest to habitations. E. Measurement Procedures (1) General a. Unless impracticable, earphones should be used while noise measurements are being made to ensure that the meter is responding properly to the noise source being monitored. b. The sound level meter shall be held in front of the observer. The observer shall be oriented with respect to the principal sound source so that the sound energy arrives at the microphone at an orientation specified by the equipment manufacturer. c. Survey measurements should initially be taken using a Type II sound-level meter, unless there has been a complaint or other reason to believe that a Tonal Noise or Impulsive Noise is present. If the operator believes, after the initial survey measurements, that a Tonal Noise or an Impulsive Noise exists, further measurements should be made using a Type I sound-level meter. (2) Steady (including Intermittent, Slowly Fluctuating or Quasi-Steady) Noise. a. A measurement of the ambient noise level shall be required. If the ambient noise level is fluctuating, the procedure in 31B.00.01.03E.(2)f shall be used. If the ambient is within 10 dBA of the source sound level, apply the correction found in the following table to determine the noise due solely to the source being investigated. CORRECTION FOR MEASURED AMBIENT SOUND PRESSURE LEVELS (in dBA) Difference (in Decibels Between Correction (in Decibels) to be Sound Pressure Level Measured Subtracted from Sound with Sound Source Operating and Pressure Level Measured with Ambient South Pressure Level Sound Source Operating to Alone Obtain Sound Pressure Level Due to Sound Source Alone less than 4 See 31B.00.01.02H(2) 4 2.2 5 1.7 6 1.3 7 1.0 8 0.8 9 0.6 10 0.4 more than 10 0 b. Where extraneous noise, lack of space, or inaccessibility of a desired measuring location makes measurement of a specific source difficult, and the property owner agrees or where otherwise authorized by law, the measurement may be taken at a point on a line between the desired location and the nearest edge of the source. When this procedure is followed, a correction for spreading loss must be subtracted from the readings. For a point source, this correction in dBA is 20 log (Dd/Da), where Dd is the desired distance and Da is the actual distance from the nearest edge of the source to the point of measurement. The result will be a conservative (i.e., possibly low) value for the level at the desired location. Actual readings as well as corrected results must be reported. c. In the presence of an apparent pure tone, the microphone shall be moved continuously along an arc at least 3 feet long. Record the maximum and minimum readings. If the minimum is within 3 dBA of the maximum, average the two, if not, use the maximum minus 3 dBA as the basis for further action. If the reading is within 5 dBA of the allowable limit, make further measurements as in 31B.00.01.02.E.4 to determine whether a tonal noise exists. d. Before citing a violation of a noise limit which may not be exceeded regardless of duration, allow a 2.5 dBA grace to account for all possible inaccuracies. It is recommended that several measurements showing such violations be taken with at least 20 seconds between successive measurements. e. When the fluctuations of the indicating pointer on the sound level meter are less than 3 dBA on the slow scale, the noise is considered to be steady and the level is taken to be the numerical average of the maximum and minimum levels during the period of observation. f. If the level fluctuates constantly over a range greater than 3 dBA on the slow scale, the-noise is considered to be fluctuating. A set of measurements should be taken by reading the sound-level meter indications to the nearest decibel at approximately equal time intervals of between 5 seconds and 20 seconds. The operator should avoid visually averaging the indications of the sound-level meter. The reading should be obtained by glancing at the indicator and noting the sound level at that instant. Recordings at the same interval should be continued until the number of observations is at least ten times the range of the readings in decibels. The range is the difference between the maximum and minimum levels. g. If the noise is intermittent, the average level during the “on” period is the noise level of interest. When the level is steady for five seconds or more, the slow scale should be used; when the level is steady for one to five seconds, the fast scale should be used. For shorter bursts, the noise should be treated as impulsive, and the field crest factor should be measured as in 31B.00.01.02.E(3) below. If the field crest factor is less than 10 dBA, a noise containing bursts shorter than one second shall be considered quasi-steady. If the level during the “on” period exceeds the maximum allowed level, then duration measurements should be taken in accordance with 31B.00.01.02F. (3) Impulsive Noise. a. A 5 dBA penalty for impulsive noise may be applied without additional instrumentation if the source of the noise is clearly impulsive. b. Several distinct readings indicating a violation of a noise limit must be obtained before issuing a citation. c. For purposes of making a determination of impulsive noise, the field crest factor must be measured. Using a sound level meter with impulse-hold capability, the maximum impulse peak A-weighted sound level must be measured. The maximum slow response A-weighted sound level must also be measured. Then the Field crest factor - (Max IP (dBA)) - (Max SR (dBA)) Where Max IP = Maximum impulse peak sound level Max SR = Maximum slow response sound level d. If the noise has a field crest factor of 10 dBA or greater, has a duration not greater than one second, and displays a rapid rise to a maximum level followed by a somewhat slower decay, then it is an impulsive noise. (4) Tonal Noise. a. A sound composed of one or more pure tones is a tonal noise. The maximum permissible sound levels established by Subsections 31B-5b and 31B-8a of the Montgomery County Code shall be reduced by 5 dBA for a tonal noise. b. To establish the existence of a pure tone, one-third octave band sound pressure levels must be measured using a Type I sound level meter without weighting. Levels of the ambient noise and of the tone with the ambient must be measured, and corrections specified by 31B.00.01.02.E(2)a must be applied to determine the level of the tonal noise in each band. Measurements must be made for a series of contiguous bands, including the band containing the tone and the two contiguous one-third octave bands. Measurements should be made in a sufficient number of bands to allow for the possibility that more than one pure tone exists. c. A pure tone exists if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous bands by 5 dBA for center frequencies of 500 hertz and above, by 8 dB for center frequencies between 160 and 500 hertz, or by 15 dB for center frequencies less than or equal to 125 hertz. F. Duration Measurements (1) The County ordinance specifies maximum levels which may not be exceeded even momentarily, and levels which may be exceeded for a certain period of time, i.e., 30 seconds per hour, 3 minutes per hour, and 12 minutes per hour. (2) Measurement of the time-above levels may be made using an accumulating stopwatch and using the noise measurement techniques described in 31B.00.01.02C, D, and E. The operator shall start the stopwatch when the meter reading exceeds the level being monitored and stop it when the reading falls below that level. (3) The level being monitored for duration measurements shall be the applicable one found in the Montgomery County Code, Chapter 31B, plus a 2.5 dBA grace to account for possible meter inaccuracy. If measurements are taken at a point between the property line and the source, (31B.00.01.02 E(2)b), then a correction for spreading loss must be added to the time-above level in the ordinance to insure a valid simulation of the time above at the property line. (4) An additional grace on duration measurements shall be allowed to account for possible inaccuracy in stopwatch duration measurements. Durations of 60 seconds per hour, 4 minutes per hour, or 15 minutes per hour must be recorded before issuance of citations for 30 seconds, 3 minute, or 12 minute violations, respectively. (5) This procedure may be applied to Steady (including Intermittent, Slowly Fluctuating, or Quasi-Steady) or Tonal Noise Noise. This procedure may not be applied to Impulsive or Rapidly Fluctuating or Periodic Noise. G. Data and Reports Required The operator shall provide all pertinent information on the noise data form for field measurements. For each set of readings, the following information shall be required. Date, time, location, air temperature, operator’s name; wind speed and direction; all instrumentation models and identifying numbers; a dimensioned sketch of site, including the north direction, measurement points, noise sources, and buildings; measurement of noise peaks and steady levels to the nearest decibel; duration; description of special techniques employed; description of noise, noting especially if there is an apparent pure tone or impulsive content; meter damping used (fast or slow); measurement of ambient with source off, description of ambient if obvious (highway, dogs, etc.); if the ambient level is 4-10 dBA below the level found with the source operating, corrections are required to obtain the source noise level. These corrections must be shown. H. Special Measurements (1) The measurement of noise produced by motor vehicles in transit is prescribed by State and Federal Laws. Enforcement by police officers is provided for by State Law. (2) Any situation in which the offending noise source cannot be demonstrated to increase the total noise at the measurement point by at least 4 dBA over the ambient level shall be considered unmeasurable by the techniques described in these procedures. (3) Any situation in which readings exceed the statutory limits but are less than the statutory limit plus the grace limit must be measured with more specialized techniques and/or more accurate equipment prior to deciding whether the source is in compliance with the County Ordinance. In such case, consultation with qualified professional personnel shall be required. (4) No sound level meter readings are necessary in order to establish the existence of a noise disturbance. However it must be shown that a sound has all five of the elements in the definition of a noise disturbance in order to be so established. These regulations shall take effect immediately upon their adoption by the County Executive.

An initial fee corresponding to the activity and source (A, B or C pursuant to the Chart in 31B.00.02.06) for which the exemption is requested shall be paid at the Montgomery County Revenue counter when the application for temporary or special exemption is made to the Director, Department of Environmental Protection. All checks shall be made payable to Montgomery County, Maryland. An additional fee shall be paid if a public hearing is required as determined by the Director. The total fee shall be paid prior to the Director’s rendering of a decision on the exemption request. The total fee shall consist of the initial application fee and the hearing fee (if a public hearing is held). Transcripts of public hearings may be purchased directly from the transcription firm at the usual rate for such a service, therefore, this cost is not included as part of the total fee. The following schedule of fees is hereby adopted pursuant to the authority contained in Sections 31B-12, “Temporary Exemption” and 31B-13, “Special Exemption” of the Montgomery County Code 1984, as amended. This Executive Regulation and schedule of fees contained herein supersedes Executive Regulations 2-77, 20-81, and 1-86 which relate to this same subject. A. Exemption Application Fees 1. Fee Schedule Total Cost = (A, B) + C B. Definitions The terms used in the Exemption Application Fee Schedule shall have the meanings which follow. 1. Single Source. A single mobile or stationary device, activity, occupation, business or operation which produces noise in excess of the levels permitted by Chapter 31B. 2. Multiple Sources. More than one mobile or stationary device, activity, occupation, business, or operation, any of which individually produce noise in excess of the levels permitted by Chapter 31B. 3. Multiple Sites. More than one location, property, premises, or structure which are not contiguous where one or more noise sources may be operating and where the sources at each site are under the control of one applicant.

This regulation is established to control the noise from outdoor heat pumps and air conditioners which are installed on property in residential zones with lot areas less than 12,000 square feet, except as excluded by 31B.00.03.02 and 31B.00.03.05. It is created under authority conferred upon the County Executive by Subsection 31B-3(d) of the Noise Control Ordinance, Chapter 31B, Montgomery County Code 1984, as amended, and Subsection 17-2(a) of Chapter 17, “Electricity,” Montgomery County Code 1984, as amended. (a) This regulation does not apply to outdoor heat pumps and air conditioners installed to serve: (1) Buildings on property in residential zones, or in mixed-zones, which are used in whole or in substantial part for purposes other than as dwelling units; (2) Apartment buildings more than 30 feet in height; or (3) Condominium or cooperative residential buildings where both the sound source and sound receiver are located on the same premises. (b) All heat pumps and air conditioners not covered by this regulation must comply with the maximum permissible sound levels at the property line which are in Section 31B-5, “Maximum Permissible Sound Levels Generally,” of the Noise Control Ordinance. (a) Tonal noise: (1) Is any sound that is composed of one or more pure tones. A pure tone means any sound that can be distinctly heard as a single pitch, and (2) In this regulation, a pure tone exists if the sound pressure level within the one-third octave band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by — (A) 5 dB for center frequencies of 500 hertz and above, or (B) 8 dB for center frequencies between 160 and 500 hertz, or (C) 15 dB for center frequencies less than or equal to 125 hertz. (b) dB: is the abbreviation for decibel. (c) dBA: is the abbreviation for decibels measured on the A scale of a sound level meter. (d) Director: is the Director of the Department of Environmental Protection or his designee. (a) The maximum permissible sound level at the property line for the outdoor unit of any heat pump or air conditioner located on residential lots less than 12,000 square feet in area must not exceed 60 dBA. (b) If the sound is determined to be a tonal noise as defined in 31B.00.03.03, the maximum permissible sound level at the nearest property line must not exceed 55 dBA. (c) As an exemption from 31B.00.04(a), the maximum permissible sound level at the property line for the outdoor unit of any heat pump or air conditioner manufactured before July 1, 1989, located on residential lots less than 12,000 square feet in area must not exceed 65 dBA. If the sound from an outdoor unit manufactured before July 1, 1989, is determined to be a tonal noise, the maximum permissible sound level at the property line must not exceed 60 dBA. This subsection 4(c) expires on July 1, 1999. If it is not practical to comply with 31B.00.03.04 of this regulation, the owner may apply for a Special Exemption in accordance with Section 31B-13 of the County Code: (a) The exemption application must be submitted at least twenty-eight days prior to starting the installation of the outdoor heat pump or air conditioner. (b) The Director must notify the owners and the occupants of the adjacent properties of this application by mail or hand delivery. (c) Notified owners and occupants will be given one week after receipt of this notice to reply in writing. (d) In approving any Special Exemption, the Director may either specify a period for its duration or make it permanent. (e) If the exemption is for a limited period, the owner of the building must notify the purchaser in writing of the expiration date of the exemption prior to executing any applicable sales agreement. (f) The Director may waive the fee required to be submitted with an application for a Special Exception, if the Director finds that the owner has made a good faith effort to mitigate noise from equipment installed before July 1, 1989, with the best technology available. (a) Owner. After July 1, 1989, the owner of an existing or replacement outdoor unit is responsible for complying with the maximum permissible sound level requirements of 31B.00.03.04. (b) Director. (1) The Director may assign a designee to enforce this regulation. (2) The Director has the authority to : (A) issue notices and orders to remove equipment or install a sound barrier for any unit which is violating the property line sound levels cited in 31B.00.03.04. (B) require replacement, modification, redesign of the installation, or repairs to any outdoor heat pump or air conditioner system which is in violation of this regulation or associated exemption currently in effect. (C) grant exemptions as provided in See 31B.00.03.05. (3) The Director may issue notices of violation as well as civil or criminal citations. (a) It is unlawful for an owner, as specified in Subsection 6(a), not to comply with the maximum permissible sound levels described in 31B.00.03.04 of this regulation. (b) Such a failure is a violation of Subsection 31B-5(b)(2) of the County Code, 1984. The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect. 31B.00.03.04 expires on July 1, 1999. This regulation becomes effective on July 1, 1989.

In this Section, the following items have the meanings indicated. Department means the Montgomery County Department of Environmental Protection. Director means the Director of the Montgomery County Department of Environmental Protection or the Director’s designee. Electric leaf removal equipment means a handheld, backpack, or walk-behind device that is (1) designed to move leaves or any other type of unattached debris or material by generating a concentrated stream of air, including devices that accept vacuum attachments; and (2) powered by only electric means, including battery-powered and corded leaf blowers, leaf vacuums, and batteries and charges required to power such equipment. Eligible equipment means leaf removal equipment designated by the Department as satisfying the criteria necessary for the purchaser to receive a rebate under the program. Gas powered leaf removal equipment means a combustion engine powered handheld, backpack, or walk-behind leaf blower or leaf vacuum. Leaf removal business means an individual or entity that (a) earns income using leaf removal equipment to perform paid work, and (b) has a business mailing address located in Montgomery County. Non-revenue qualifying business means a leaf removal business that generated an annual revenue of $250,000 or more in the preceding year or employs 6 or more employees. Program means the leaf removal equipment rebate program. Rebate means an amount of money, or a discount provided by the Department, for purchase of eligible equipment. Resident means a person that owns or rents and maintains their property. Revenue qualifying business means a leaf removal business that generated an annual revenue of less than $250,000 in the preceding year or employs 5 or fewer employees. Retailer means a licensed entity that sells eligible equipment. There is an electric leaf removal equipment rebate program (“rebate program”) to partially offset the cost for County residents and businesses to replace gas powered leaf removal equipment with electric leaf removal equipment. A Montgomery County resident or leaf removal business may qualify to receive a rebate under the rebate program if the resident or leaf removal business has a Montgomery County street mailing address. a. An applicant that satisfies the eligibility criteria under Section 31B.00.04.03 must apply to the Department in a form prescribed by the Director not later than December 31, 2026, to receive a rebate. b. The Director must make the application available online via the Department’s website. c. The application must be pre-approved by the Director prior to the purchase of eligible equipment. d. An applicant may only submit one application and receive a rebate once per 12-month period as designated by the Department. e. The Director may deny an applicant for rebates if: 1. the Department receives multiple applications from the same applicant or address; or 2. the applicant requests a rebate for items that the Department has not designated as eligible equipment. a. All rebates awarded under the rebate program are subject to appropriation and the availability of funds. b. A rebate must not exceed the cost of the eligible equipment listed in an application. For purposes of determining the applicable rebate rate, applicants are assigned to the following categories: a. Resident. An applicant that is a County resident may receive only one (1) rebate limited to the cost of the eligible equipment listed in the applicantion. The rebate must not exceed $100. b. Revenue qualifying business. An applicant that is a revenue qualifying business may receive a rebate limited to cost of the eligible equipment listed in the application. The rebate for a revenue qualifying business must not exceed $1,500 per 12-month period. c. Non-revenue qualifying business. An applicant that is a non-revenue qualifying business may receive a rebate limited to the cost of the eligible equipment listed in the application. The rebate award for a non-revenue qualifying business must not exceed $1,000 per 12-month period.

1.1 Background information: Chapter 31C was amended in 2019 L.M.C., ch. 1 (Bill No. 31-18) Chapter 31C-11 of the Montgomery County Code allows the County Executive to issue regulations to implement this Chapter. This regulation sets forth the procedures for implementation of this Chapter. This regulation supersedes Executive Regulation 06-08 changes the prior builder licensing to a New Home Builder registration, establishes a New Home Seller registration, and creates a new fee for New Home Sellers in the amount of $400.00 for new registrations and $250.00 for renewal registrations. 2.1 “Board” means the Board of Registration for Building Contractors. 2.2 “Consumer” means a consumer as defined in Chapter 11 or a contract purchaser of a new home for use as a personal family residence. 2.3 “Contract purchaser” means a person who has entered into a contract with a new home builder or a new home seller to purchase a new home, but who has not yet settled on the purchase of the new home. 2.4 “Director” means the Director of the Office of Consumer Protection or the Director’s designee. 2.5 “Homeowner” or “owner” means: any person for whom a new home is built or to whom a new home is sold for residential occupation; and the successors of that person in title to the home or mortgage in possession; “Homeowner” does not mean: any development company, association, or subsidiary company of the builder; or a person to whom the home may be conveyed by the builder for any purpose other than use by that person. 2.6 “Load-bearing portions of the home” means: foundation system and footings; beams; girders; lintels; columns; walls and partitions; floor systems; and roof framing system. 2.7 “Major structural defect” means any actual damage to load-bearing portions of the home that: affects its load-bearing function; and vitally affects or is immediately likely to vitally affect use of the home for residential purposes. “Major structural defect” includes damages due to subsidence; expansion; or lateral movement of the soil. “Major structural defect” does not include damage caused by movement of the soil caused by floor or earthquake. 2.8 “Maryland Home Builder Guaranty Fund” means the Home Builder Guaranty Fund in Title 4.5 of the Business Regulation Article of the Maryland Code. 2.9 “New home” means a newly constructed residential dwelling unit and the fixtures and structure that are made a part of a newly constructed private dwelling unit at the time of construction. “New home” includes any detached house, custom home as defined in Section 10-501 of the Real Property Article of the Maryland Code, townhouse, modular home, condominium unit, or cooperative apartment. “New home” does not include an attached or detached accessory dwelling unit that is subordinate to the principal dwelling. 2.10 “New home builder” or “builder” means any person: that is engaged in the business of erecting, constructing, or otherwise creating a new home; to whom a completed new home is conveyed for resale in the course of the business of the person; that undertakes to sell a new home in Montgomery County; that applies for a building permit to construct a new home in Montgomery County; that is engaged as a general contractor in the business of erecting, constructing, or otherwise creating a new home; or that enters into a contract with a contract purchaser under which the builder agrees to provide the contract purchaser with a new home. “New home builder” or “builder” does not include: a subcontractor or other vendor hired by a new home builder or a consumer to perform services or supply materials for the construction of a new home if the subcontractor or vendor does not otherwise meet the requirements of this Chapter; the manufacturer of a residential mobile home, unless the manufacturer also installs the mobile home; a real estate developer who does not construct or enter into contracts with a consumer to sell or construct new homes; a financial institution that lends funds for the construction or purchase of residential dwellings in Montgomery County; a buyer’s agent when representing a prospective buyer in the purchase of a new home; or a person who is conducting a foreclosure sale. 2.11 “New home seller” or “seller” means a person that: has legal title to the property on which the new home is constructed; and is the person listed on the sales contract with the contract purchaser to whom the property and new home are being sold and conveyed. 2.12 “Office” means the Office of Consumer Protection. 2.13 “Person” means an individual or legal entity. 2.14 “Personal residence” means any property used exclusively as a private dwelling by an individual. The term includes residential property owned by an individual for the individual’s own personal use and occupancy. The term also includes residential property in which the property owner permits a member of the property owner’s family to live and occupy rent free. The term does not include any property that is not used exclusively as a private dwelling, including residential property where any part of the property is used and occupied as a short or long-term rental. 2.15 “Waiver Requester” means a person that is the owner of real property and requests a waiver of the new home builder and new home seller registration requirements of Chapter 31C of the Montgomery County Code, in order to build a new home to be used as their personal residence on their property, pursuant to Section 31C-2 of the Montgomery County Code. 2.16 “Warranty date” means the first day that: (a) the homeowner occupies or settles on the new home, whichever first occurs; or (b) In the case of a home built pursuant to the Maryland Custom Home Act, the warranty date means the date in which the Montgomery County Department of Permitting Services Use and Occupancy permit is finalized and approved. 3.1 The Office will consider a waiver request pursuant to Section 31C-2 of the Montgomery County Code under the following circumstances: The Waiver Requester must submit a completed waiver request on the form provided by the Office. The form must be signed and affirmed by the Waiver Requester, or if the Waiver Requester is not an individual, by an authorized agent of the Waiver Requester. It is the Waiver Requester’s burden to establish the following: the Waiver Requester is qualified to comply with the County building code; the Waiver Requester will be acting as the general contractor for the new home construction; and the new home to be constructed will be occupied as the Waiver Requester’s personal residence. The Office may refer a waiver request to the Board for the Board’s recommendation on whether the Waiver Requester established that the Waiver Requester is qualified to comply with the County building code. In determining whether the Waiver Requester met its burden of proof, the Office will consider all facts and circumstances, including and not limited to, the veracity of the information contained within the waiver request form, the Waiver Requester’s involvement with other building businesses, other real property owned by the Waiver Requester, other permits issued to the Waiver Requester or businesses owned by the Waiver Requester, and previous real property sales or transfers by the Waiver Requester. 3.2 A new home constructed by a Waiver Requester for their personal residence under this section will not be covered by the Montgomery County New Home Warranty as provided in Section 31C-8 of the Montgomery County Code, and these regulations. 3.3 A certificate stating that the new home is not covered by the Montgomery County New Home Warranty must accompany any building permit application and any sale to a consumer made within the five (5) year statutory warranty period. 4.1 The Board is responsible for certifying to the Director whether the applicant for a builder’s registration is qualified to comply with the building code and laws of the County and State, and to fully perform building contracts. The Board recommends whether an applicant should be registered with the Office. 4.2 The Board meets at least once monthly at a time and place designated by the Director. If circumstances or workload dictates, the Director may request additional meetings. 4.3 A builder who sells a model home must provide the purchaser of the model home with the ten year warranty prescribed in these regulations. 4.4 The Board and the Director may mutually agree to cancel at most one Board meeting during a calendar year. 4.5 4.6 4.7 4.8 5.1 For the purpose of these regulations, the term “engaging in the business of constructing a new home” includes: (a) constructing any new home for sale, (b) acting as general contractor to construct any new home for another person, or (c) advertising or holding oneself out as constructing or being available to construct a new home or homes, (d) the sale or transfer of title to a parcel of land to any person and the subsequent participation in the construction of a new home or any part of a new home by the seller or transferor, or (e) a person who contracts with a general contractor or with subcontractors for the construction of a new home for the purpose of selling to a purchaser. 5.2 Every application for registration must be made on the form prescribed by the Office and must be accompanied by a non-refundable registration fee as described in these regulations. The registration application must provide at least the following information: The full legal name and address of the applicant’s business: (1) In the case of a corporation, limited liability company, or partnership, the business name entered on the application must be the exact business name registered with the State Department of Assessments and Taxation; and (2) In all cases, the address entered on the application must be the street number, street name, and municipality where the primary office of the applicant’s business organization is located. The address cannot be a post office box, temporary or transient location, or the address of an agent. The address must be that of a business office, unless there is none, in which case it may be a residence address. If the applicant is a corporation, limited liability company, or partnership, the applicant must appoint an agent for the service of process and must provide the agent’s street address (not a post office box or a temporary or transient location). The agent may be any person who resides in the State of Maryland or be a legal entity in the State of Maryland; The builder’s or seller’s business telephone numbers and the names and addresses and telephone numbers of all persons having a legal interest in the builder or the building entity; References from at least three material suppliers and the name of the bank where the builder has a business account. Two of the material supplier references must indicate the applicant’s total credit limit with the supplier. At most one reference may be a business credit card statement issued within 30 days from application submission. The business credit card must not be issued to an individual; A summary of building experience as well as disclosure of any present or prior relationship with any other licensed builder or seller; A statement that the builder or seller will provide the warranty required in Section 31C-8; and A sample copy of the written warranty required in Section 31C-8. 5.3 Registration Fees New Home Builders Fees (1) Initial Registration: $805 made payable to Montgomery County, MD (2) Renewal Registration: $805 made payable to Montgomery County, MD (3) Initial and Renewal Registrations shall also pay the Administrative Fee required by the State’s Home Builder’s Registration Unit made payable to “Office of the Attorney General.” New Home Sellers Fees (1) Initial Registration: $400 made payable to Montgomery County MD (2) Renewal Registration: $250 made payable to Montgomery County, MD (3) Initial and Renewal Registrations shall also pay the Administrative Fee required by the State’s Home Builder’s Registration Unit made payable to “Office of the Attorney General.” There is no fee for submitting a waiver request to build a person’s personal residence. 5.4 If a new home construction and sale involves multiple legal entities (one to construct the home, one to own the real property, and one to be listed as the seller, or some combination thereof), then the legal entity that performs the new home construction activities must register as a new home builder using the New Home Builder Registration Application, and each separate property-owning entity must register as a new home seller using the New Home Seller Registration Application. 5.5 The Office may not issue a registration to a builder or seller who held any legal interest in a previously registered or licensed business that has or had a registration or license revoked or suspended for any reason listed in Section 31C-9 of the Montgomery County Code. Legal interest means an ownership interest in the builder or seller, or responsibility, in whole or in part, for the activities of the builder or seller. 5.6 A builder or seller must certify in writing to a consumer at the time of occupancy or settlement, whichever first occurs, that the new home passed the following County inspections as required by law: footing; foundation and pargeting; building location plat; electrical close-in; building framing; chimney and flue; final electrical; final plumbing; septic system – certificate of completion; well system – certificate of potability; and final building. 5.7 The new home builder and new home seller, in order to certify that this provision regarding final building inspection has been satisfied, must make a request to the Department of Permitting Services at least five (5) days prior to occupancy or settlement for a final building inspection to be performed. If the final building inspection has not been performed by the time of occupancy or settlement, the builder or seller must supply the consumer with a statement that the new home passed all inspections, except for the final building inspection, and provide the upon which final building inspection will occur. The builder or seller must remediate any violations noted in the final building inspection. 5.8 Initial Registration Process. For the purposes of these regulations, the terms “completed registration application” and “completed renewal application” mean a registration or renewal application submitted to the Office with: The required non-refundable application fees made payable to the appropriate parties in the correct amounts; All sections of the application filled out completely and accurately; and All required supplemental documents filled out completely and accurately. The Office will review each registration application for completeness. If an applicant does not correct an incomplete registration application within 30 calendar days after being notified by the Office that the submitted registration application was not completed, the incomplete registration application will be considered withdrawn by the applicant and will be discarded. Any submitted registration fees will not be refunded Applicants must appear before the Board regarding their completed registration applications. The Office will notify applicants of the time and location of the Board meeting. The date that the applicant appears before the Board regarding their completed registration application is the date that the Board is deemed to have received the applicant’s completed registration application. If an applicant fails to appear for a scheduled Board meeting, the Board may defer the application for consideration at the next scheduled Board meeting. If the applicant fails to appear for good cause shown at the next scheduled Board meeting, the registration application is deemed withdrawn and no further action is required of the Board and the Director. Any submitted registration fees will not be refunded. Within 60 days after receiving a completed registration application, the Board must recommend to the Director whether: The applicant is qualified to comply with the building code and laws of the County and State, and to fully perform new home building and new home sales contracts; and The applicant should be registered or receive a conditional registration which stipulates specific requirements the applicant must complete. The date of the Board’s recommendation is the date that the Director is deemed to have received the applicant’s completed registration application. Within 75 days after receiving a completed registration application, the Director must notify the applicant of the Board’s recommendation and the Director’s final action regarding the registration, conditional registration, or denial of registration. The Director is deemed to have received a completed registration application on the date that the Board submits its recommendation to the Director. If the Director fails to notify the applicant within 75 days of receiving the completed application, the registration application is deemed approved. If the applicant is denied registration approval, the Director must send the applicant written notification of the denial and the reasons for denial. Unless renewed under the procedures in 31C-6, an approved registration expires on the second anniversary of its effective date. Once a registration expires it cannot be renewed and the former registrant must submit a new application for registration. The Director may temporarily stay the expiration of a current registration for a period not to exceed 90 days from the date of expiration of the current registration under the criteria in 5.9(d) of these regulations. A new home builder or new home seller must amend a registration within 30 days of any material change in the information provided in the most recent registration application. 5.9 Registration Renewal Process. A registered new home builder or new home seller must renew their registration before the current registration expires by submitting a completed renewal application, received by the Office no later than 30 days before the current registration expires. At least 60 days before a current registration expires, the Office will send written notification to the registrant which contains: A renewal application form or online link to the renewal application form; The date on which the current registration expires; The date by which the Office must receive the completed renewal application; and Information regarding the required fees associated with the renewal. The Office will review each renewal application for completeness and will only forward completed renewal applications to the Director. The Director may request that the Board review any completed renewal application to ensure the applicant continues to meet the criteria in Section 31C-5. The Board will follow the same procedures and timelines as provided in Sections 5.8(c) – (e) of these regulations. If requested by the Director, an applicant must appear before the Board regarding its completed renewal application at the next scheduled Board meeting. The Office will notify the applicant of the time and location of the Board meeting. The date that the applicant appears before the Board regarding their completed renewal application is the date that the Board first receives that application. The Director may temporarily stay the expiration of a current registration until the Board meets with the applicant and submits its recommendation to the Director. This stay of expiration is for a period not to exceed 90 days from the date of expiration of the current registration. If the applicant is denied registration approval, the Director must send the applicant written notification of the denial and the reasons for the denial. A renewal registration is valid for two years. 6.1 A new home builder and a new home seller must give a consumer a written warranty that provides the warranty coverage required by Chapter 31C, no later than the execution of the contract to sell a new home. 6.2 The new home builder and new home seller must honor the terms of the warranty and cannot discharge the warranty obligation by providing a third-party new home warranty plan to the homeowner. Any remaining coverage under the warrant is transferable to any subsequent owner of the home, so long as that owner uses the home for residential occupancy. 6.3 The warranty specified in this section must be provided by all new home builders and new home sellers for new homes. In addition, the warranty provided for in these regulations will not extend to those items listed as “extras” or “upgrades” as contained in contract addenda if these items are not installed. 6.4 A builder who sells a model home must provide the consumer of the model home with the same warranty prescribed in these regulations. 6.5 Nothing contained in this section is intended to limit the right of any builder or seller to offer a warranty that exceeds the specified minimum either in scope, applicability or standards. 6.6 The statutory warranties provided in Chapter 31C and these regulations are in addition to all other implied or express warranties imposed by law or agreement. 6.7 For purposes of these regulations, the performance standards, or guidelines applicable to all new homes subject to Chapter 31C are the performance standards or guidelines adopted at the time of the contract by the National Association of Home Builders. 6.8 (a) One-year warranty: The new home must be free from any defect in materials or workmanship for one year after the warranty date. The warranty on the following list of items may not exceed the length and scope of the warranty offered by the manufacturer: Smoke detector Fire alarms Fire extinguisher Garage door opener Intercom Security systems Garbage disposal Water softener Refrigerator Freezer Trash compactor Dishwasher Clothes washer Clothes dryer Ice maker Stoves/ranges Two-year warranty: the new home must be free from any defect in the electrical, plumbing, heating, cooling, ventilation, and mechanical systems for two years after the warranty date. The warranty on the following list of items extends for two years from the warranty date: Electrical System. Includes but is not necessarily limited to all wiring, electrical boxes, circuit boards, switches, outlets, overload protector devices, and connections up to the public utility connections. Plumbing System. Includes but is not necessarily limited to: gas supply lines and fittings, water supply, waste and vent pipes and their fittings, septic tanks and their drain fields, water, gas and sewer service piping and their extension to the property line which tie into a public utility connection or on-site well and/or sewage disposal system, valves, faucets, fixtures and trim fittings, pumps, water heater and sprinkler systems. Heating, Ventilating, Cooling and Mechanical Systems: includes but is not necessarily limited to the following: duct work, steam, water, and refrigerant lines, registers, convectors, radiation elements, dampers, boiler, heat pump, thermostat, furnace, air conditioning equipment, exhaust fans, oil tanks and fittings, air handling equipment and air purifiers. Five-year warranty: the new home must be free from any major structural defect for five years after the warranty date. 6.9 Each builder and/or seller will be responsible for the correction of any defect that appears during any of the warranty periods specified in this section. 6.10 The builder’s responsibility in the case of a defect covered by this warranty will include removal of the defects by repair or replacement or payment of the reasonable cost of repair or replacement. The builder will choose between repair, replacement or payment. The builder’s responsibility will include actual reasonable shelter expenses incurred during repairs. When a defect covered by this warranty is removed by repair, replacement or payment of the reasonable cost of repair or replacement, a release with respect to that specific defect will be signed by the owner and delivered to the builder and the County. 6.11 If an owner discovers a defect covered by this warranty, the owner must provide the builder written notice of the defect no later than 30 calendar days after the date on which the warranty on that item expires. Exclusions from Warranty Coverage: The following defects and damages are excluded from the one-year, two-year, and five-year warranties required by the Code and these regulations: (a) Defects in outbuildings, including detached garages and detached carports, except outbuildings which contain the plumbing, electrical, heating, cooling or ventilation systems serving the home; swimming pools and other recreational facilities; driveways; walkways; boundary walls; retaining walls; bulkheads; fences; landscaping, including sodding, seeding, shrubs, trees, and plantings; off-site improvement or any other improvements not a part of the home itself; Damage to real property which is not part of the home covered by the warranty and which is not included in the purchase price of the home; Any damage to the extent it is caused or made worse by: negligence, improper maintenance or improper operations by anyone other than the Builder or its employees, agents, or subcontractors; failure by the owner to give notice to the builder of any defects within the times required under these regulations; changes, alterations, or additions made to the home by anyone before or after initial occupancy, except those performed by the builder, or its employees, agents, or subcontractors acting in their capacity as employees, agents, or subcontractors of the builder; or changes of the grading of the ground by anyone other than the builder, its employees, agents, or subcontractors; A defect in materials or work not caused the builder, or its employees, agents, or subcontractors; Normal wear and tear or normal deterioration; Accidental loss or damage from acts of nature such as, but not limited to, fire, explosion, smoke, water escape, falling objects, aircraft, vehicles, Acts of God, lightning, windstorm, hail, flood, mudslide, earthquake, and changes in the level of the underground water table which are not reasonably foreseeable except to the extent that such accidental loss or damage was caused by or aggravated by defects in construction or materials; Any damage caused by soil movement for which compensation is provided by legislation or which is covered by other insurance; Insect damage. This exclusion does not apply to insect damage situations where the builder has failed to use proper materials or construction methods designed to prevent insect infestation; Any loss or damage that arises while the home is being used primarily for nonresidential purposes; Bodily injury; Any loss or damage which the owner, wherever feasible, has not taken timely action to minimize or provide timely notice to the builder; Loss or damage due to abnormal loading of floors by owner which exceeds code requirements; Consequential damages to personal property are excluded. However, consequential damages to real property as a result of a defect or repair of a defect are covered; and Any condition that does not result in actual physical damage to the home. 7.1 The provisions of these regulations are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

33.07.01.01 DEFINITIONS 33.07.01.02 GENERAL PROVISIONS 33.07.01.03 ETHICS, DISCLOSURE OF ILLEGAL OR IMPROPER ACTS, EMPLOYMENT OF RELATIVES, DISCRIMINATION ON THE BASIS OF POLITICAL AFFILIATION, OUTSIDE EMPLOYMENT, AND SEXUAL OR ROMANTIC RELATIONSHIPS IN THE WORKPLACE 33.07.01.04 RECORDS 33.07.01.05 EQUAL EMPLOYMENT OPPORTUNITY 33.07.01.06 RECRUITMENT AND APPLICATION RATING PROCEDURES 33.07.01.07 APPOINTMENTS, PROBATIONARY PERIOD, AND PROMOTIONAL PROBATIONARY PERIOD 33.07.01.08 MEDICAL EXAMINATIONS AND REASONABLE ACCOMMODATION 33.07.01.09 CLASSIFICATION 33.07.01.10 EMPLOYEE COMPENSATION 33.07.01.11 PERFORMANCE PLANNING AND EVALUATION 33.07.01.12 SERVICE INCREMENTS 33.07.01.13 PERFORMANCE AWARDS 33.07.01.14 EMPLOYEE DEVELOPMENT 33.07.01.15 WORK SCHEDULES, ATTENDANCE, HOURS OF WORK 33.07.01.16 ANNUAL LEAVE 33.07.01.17 SICK LEAVE 33.07.01.18 SALARY CONTINUATION BENEFIT FOR WORKERS’ COMPENSATION DISABILITY LEAVE 33.07.01.19 FAMILY AND MEDICAL LEAVE 33.07.01.20 PARENTAL LEAVE 33.07.01.21 ADMINISTRATIVE LEAVE 33.07.01.22 MILITARY LEAVE 33.07.01.23 LEAVE WITHOUT PAY 33.07.01.24 HOLIDAY LEAVE AND COMPENSATION 33.07.01.25 PERSONAL LEAVE DAYS 33.07.01.26 TRANSFER 33.07.01.27 PROMOTION 33.07.01.28 RESIGNATION 33.07.01.29 TERMINATION 33.07.01.30 REDUCTION-IN FORCE 33.07.01.31 FURLOUGH 33.07.01.32 EMPLOYEE DRUG AND ALCOHOL USE AND DRUG AND ALCOHOL TESTING 33.07.01.33 DISCIPLINARY ACTIONS 33.07.01.34 GRIEVANCES 33.07.01.35 MERIT SYSTEM PROTECTION BOARD APPEALS, HEARINGS, AND INVESTIGATIONS 33.07.01.36 DEMOTION APPENDIX A Article 4, Montgomery County Charter, Merit System and Conflicts of Interest APPENDIX B Merit System Law, Montgomery County Code Chapter 33, Sections 33-5 through 33-17 APPENDIX C Public Ethics Law, Montgomery County Code Chapter 19A, Sections 19-1 through 19-16 APPENDIX D Administrative Procedures Act, Montgomery County Code Chapter 2A, Sections 2A-1 through 2A-11 APPENDIX E Quantitative Evaluation System II Manual APPENDIX F Guidelines on Broadband Classification of Management Leadership Service (MLS) Positions APPENDIX G Performance Planning and Evaluation Form APPENDIX H Compressed Work Schedule Agreement APPENDIX I Flextime Agreement APPENDIX J Job Sharing Agreement APPENDIX K Sick Leave Donor Program Authorization Form APPENDIX L Sick Leave or PTO Donation Request Form APPENDIX M Medical Certification Form for Sick Leave or PTO Donations APPENDIX N Annual Leave Transfer Form APPENDIX O Response to Employee Request for FMLA Leave APPENDIX P-1 Medical Certification of Health Care Provider for Employee’s Serious Health Condition Form APPENDIX P-2 Medical Certification of Health Care Provider for Family Member’s Serious Health Condition Form APPENDIX Q County Grievance Form APPENDIX R County Grievance Form APPENDIX S Certification of Qualifying Exigency Military Family Leave APPENDIX T Certificate for Serious Injury or Illness of Covered Servicemember for Military Family Leave APPENDIX U Employee Request for Family and Medical Leave (FMLA) APPENDIX V Merit System Protection Board Appeal Form

A. Authority. In accordance with the authority conferred under Chapter 33B, Section 33B-5, of the Montgomery County Code, 2024, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to public education and safety measures required of retail sellers of pesticides as set forth in Chapter 33B of the Code. B. Applicability. This regulation applies to all pesticide retailers that are subject to Chapter 33B of the Code. C. Definitions. The definitions of the terms used in this regulation are provided in Chapter 33B, Section 33B-1, of the Code. For purposes of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation: Director of Environmental Protection - The Director of the Montgomery County Department of Environmental Protection or the Director’s designee. Director of Health and Human Services - The Director of the Montgomery County Department of Health and Human Services or the Director’s designee. Food Service Facility - Any enterprise that prepares or sells food or drink for human consumption on or off the premises. Food service facility includes any restaurant, coffee shop, retail market, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain; and any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp. Landscaped Environment - An area of land covered by a lawn or altered from its natural state by a playground, mulched recreation area, or other improvement that is subject to the pesticide use restrictions under Section 33B-10 of the Code. Non-bulk Pesticides - Any pesticide distributed, sold, offered for sale, packaged, or repackaged in containers designed for less than 10 gallons of liquid or less than 56 pounds of dry weight. Pesticide Producer Establishment - Any place assigned an establishment number by the U.S. Environmental Protection Agency where a pesticide or device or active ingredient used in creating a pesticide is produced, or held, for distribution or sale. Pesticide Retailer - A person that sells at retail non-bulk pesticides or non-bulk quantities of a material that contains a pesticide. Properly Labeled - The written, printed, or graphic matter that appears on or is attached to a pesticide, or its immediate container, and the outside container or wrapper of any retail package of pesticide contains sufficient instructions for use and caution to satisfy the requirements of state and federal pesticide labeling laws. Waterbody Environment - Any area of land managed by the Parks Department within 25 feet of a waterbody that is subject to the pesticide use restrictions under Section 33B-14 of the Code. A. A pesticide retailer must ensure that all pesticides, whenever displayed or stored in a retail establishment, are physically separated from food, medicine, beverages, or feed. The retailer must display or store the pesticides across the aisle from any food, medicine, beverages, or feed or place a solid, nonporous, physical barrier between those products and any pesticide. The retailer must take other reasonable precautions if necessary to prevent a pesticide from contaminating any product that is likely to be ingested by a human or a domestic animal. Reasonable precautions may include storing pesticide products in a locked container. B. A pesticide display or storage area must contain only pesticide containers that are properly labeled and are free of leaks, cracks, tears, or open seams. A. A pesticide retailer must promptly clean up any spilled pesticide product upon discovery of the spill. B. Disposal 1. A pesticide retailer must not dispose of a pesticide that escapes from its container or packaging except in accordance with applicable state and federal laws. 2. A pesticide retailer must not dispose of a pesticide by discharging or dumping the pesticide or the pesticide container or packaging into a sewer, ditch, lake, or any other area that may release the pesticide into ground or surface waters. C. Repackaging 1. A pesticide retailer may repackage a pesticide that escapes from its container for return to the distributor of that product if: a. the retailer has an agreement that provides for the return of spilled pesticides; and b. the procedures used by the retailer to prepare the product for its return to the distributor comply with applicable state and federal laws. 2. A pesticide retailer must not repackage a pesticide for sale to customers unless the retailer is registered with the U.S. Environmental Protection Agency as a pesticide producer establishment. A. The Director of Health and Human Services must routinely inspect food service facilities for compliance with County pesticide laws in the regular course of performing any food safety inspection required under Chapter 15 of the Code. B. The Director of Environmental Protection must investigate each complaint alleging a violation of County pesticide laws by a retailer other than a food service facility and may conduct any other on-site visit necessary to achieve compliance with the laws. A. A pesticide retailer must make written materials on general pesticide use and safety available to each purchaser of non-bulk pesticides at each site where pesticides are available for purchase. Notice of the availability of the written materials must be prominently displayed at those sites in a conspicuous place as near to the point of sale as practicable. B. Although the written materials displayed under this Section need not be product- specific, the materials must: 1. be obtained from or have the prior approval of the Department of Environmental Protection; and 2. include information that advises the general public about opportunities for consumers to consider recommended alternative pest control measures. The following table lists invasive species designated by the Executive as detrimental to a landscaped environment under Section 33B-5(c) of the Code. A landscaped environment includes any area of land covered by a lawn or altered from its natural state by a playground, mulched recreation area, or other improvement that is subject to the pesticide use restrictions under Section 33B-10 of the Code. A person may apply a registered pesticide to control these designated species in a landscaped environment. Registered pesticides may only be applied directly to these species when they are present, and must not be used in anticipation of these species being present or applied to any area of a landscaped environment where they are not present. Scientific Name | Common Name Artemisia vulgaris | Mugwort Fallopia japonica | Japanese Knotweed Ficaria verna | Lesser Celandine Houttuynia cordata | Chameleon Plant Houttuynia cordata | Chameleon Plant Oplismenus undulatifolius | Wavyleaf Basketgrass The following table lists invasive species designated by the Executive as detrimental to a waterbody environment under Section 33B-5(c) of the Code. A waterbody environment is any area of land managed by the Parks Department within 25 feet of a waterbody that is subject to the pesticide use restrictions under Section 33B-14 of the Code. A person may apply a registered pesticide to control these species in a waterbody environment. Registered pesticides may only be applied directly to these species when they are present, and must not be used in anticipation of these species being present or applied to any area of a waterbody environment where they are not present. If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

The purpose of this regulation is to establish fees for the reproduction of tapes of telephone or radio messages received at the Montgomery County Emergency Communications Center and for the search and preparation of such materials for a period of time exceeding two hours. Nothing in this fee regulation waives any of the confidentiality requirements of the Maryland Public Information Act or of the discretionary denial of public information authorized by the Maryland Public Information Act. The assessment of reasonable fees is authorized by Maryland Code, State Government Article, Section 10-621. A minimum fee of $150.00 applies when any individual or entity requests reproduction of tape copies of any telephone or radio message received at the Emergency Communications Center, including Police, Fire, Rescue, and Emergency Medical Service communications. An additional fee of $50.00 per hour is charged for reproduction exceeding one hour and for search and preparation time in excess of two hours. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation becomes effective 30 calendar days after approval by the County Council or 90 calendar days after Council receipt of the Regulation if Council takes no action within 60 days of receipt.

1. Employment – any work, occupation, labor or profession that results in compensation to the employee. 2. Secondary Employment – any employment not required by the Montgomery County Department of Police. 3. Security Related Secondary Employment – any employment where the employee is hired for the express purpose of protecting the proprietary interests of the secondary employer. 4. Uniformed Security Related Secondary Employment – any employment where the employee is hired for the express purpose of protecting the proprietary interests of the secondary employer and the employee wears a Montgomery County police uniform. 5. Employee – refers to all police officers. 1. All employees who desire secondary employment must comply with the procedures and provisions established in this regulation. Except in accordance with this regulation, employees will not engage in any employment outside the Department without the required approvals. 2. The primary duty, obligation, and responsibility of every employee is to the Department of Police. Employees who are directed to work overtime, or are directed to report to work on their days off, will do so regardless of the fact that outside employment is approved. Outside employment should not become additional full-time employment. 3. Requests for approval for unit members who are in a leave without pay status, including unit members who are suspended without pay to work non-uniformed secondary employment, shall be processed by the employee’s district/unit commander within not more than one business day. However, the approval process (MCP #307) must be initiated as indicated in COMCOR 35.03.01.03.1, and the COMCOR 35.03.01.04 restrictions shall apply. In the event that approval of the written request is subsequently denied, the employee will be required to immediately terminate the outside employment in question. 1. Approval from the chief of police or designee via an agreed upon Secondary Employment Request must be obtained by an employee prior to engaging in any outside employment, except as stated in COMCOR 35.03.01.03.3. 2. If there is no question regarding conflict of interest in accordance with this article, the chief of police shall act upon a request for approval of outside employment and provide notification to the employee within 5 days after the employee submits his/her application. Employees will be notified of approval earlier if such approval is given. 3. For security related secondary employment, an agreed upon Secondary Employer Agreement for Security Related Work must be completed by the employee, signed by the secondary employer prior to working the secondary employment, and sent to the chief, Management Services Bureau. 4. Approval of both security related, and non-security related, secondary employment of a short, spontaneous, temporary duration that requires immediate acceptance by an employee, may initially be granted by the employee’s district/unit commander within not more than one business day. The agreed upon Employer Agreement for Security Related Work must be completed prior to the employee working any security related secondary employment. However, in every instance, the approval process must be initiated as indicated in COMCOR 35.03.01.03.1. In the event that approval of the written request is subsequently denied, the employee will be required to immediately terminate the outside employment in question. 5. An approval request by the Department authorizes only such work and conditions as are specifically designated on the request form. Approval or denial by the Department will be determined in accordance with this regulation. In those instances where approval is granted, the employee may begin work. Approval will be granted as follows: a. 3 Year Approval: Remains in effect for three years from the date of the Ethics Commission’s approval. Each employee will be notified, via memorandum or electronically, prior to the end of the three-year approval period. To continue the secondary employment, the employee must submit a new request. b. Twelve Month Approval: Remains in effect for twelve months from the date of the Ethics Commission’s approval. Each employee will be notified, via memorandum or electronically, prior to the end of the twelve-month approval period. To continue the secondary employment, the employee must submit a new request. c. Limited Approval: Remains in effect until the employment is completed. This is used for the short term, temporary employment (i.e., one day event). 6. Denial will be determined initially by the chief of police or designee. If denied, the employee may appeal the decision to the chief administrative officer or designee who shall review the action and respond to the employee to determine within 7 days. Decisions of the CAO or designee may be submitted to arbitration as provided at Article 8, Sections E through H of the collective bargaining agreement. 7. The Department will submit all requests for approval of outside employment with a duration of over six weeks to the Ethics Commission for approval. The employee may not work the secondary employment in question if denied by the Ethics Commission. See FOP Collective Bargaining Agreement for reopener provision. 8. All non-security outside employment approved prior to the effect date of this regulation will remain in effect until its normal expiration date but no longer than three years, unless rescinded for other cause, or prohibited by regulation or law. 9. If a Department employee owns a business or is in charge of hiring personnel, including Department employees, the employee must disclose this information when application is made for secondary employment. 10. Approval for work performed on behalf of the Montgomery County Board of Education (i.e., school, office or agency) shall pertain to all future similar work performed by the employee on behalf of that agency. 1. Employees shall not engage in any secondary employment which is in conflict with the Montgomery County Government and Department of Police. 2. Employees shall not engage in any outside employment which will adversely affect their ability to perform their duties. 3. Employees shall not engage in any outside employment which presents an unacceptable risk of disabling injury that would limit an employee’s return to regular duty. “Unacceptable risk” means any risk that is greater than that required of a police officer generally. 4. Employees will not engage in secondary employment during the actual hours: for which they are scheduled to work for the county, while on approved sick leave, FMLA, parental leave, disability leave, administrative leave, or professional improvement leave. However, employees may not engage in secondary employment during any period while on sick leave, disability leave, and FMLA if the employment can be reasonably construed to delay or preclude full recovery and return to work. 5. Employees who have had medical restrictions placed upon them as a result of an illness or injury must abide by those restrictions while working secondary employment. Employees with such restrictions may be subject to COMCOR 35.03.01.04.3 above. If employees are restricted from wearing their uniform while on-duty, they shall not wear their uniform during secondary employment. 6. Employees will not use any police equipment or exercise any police authority while engaged in any secondary employment while their police powers are suspended. 7. In Montgomery County, employees will not engage in secondary employment in any capacity for any business that sells, dispenses or handles alcoholic beverages with the following exceptions: An employee may work for a store, restaurant, motel, hotel, country club or similar establishment as a security person, desk clerk, or similar capacity, provided no part of the employee’s specific duties are related to or involve the bar area where alcoholic beverages are sold or dispensed, the employment does not require “bouncer” duties and the sale, dispensing or handling of alcoholic beverages is not the primary business of the establishment. 8. No employee shall engage in business with the Montgomery County Government without first revealing his/her employment status with the County. 9. Except for uniformed secondary employment, employees will not engage in secondary employment if the authority vested in them as a county employee (to be a police officer) is a requirement for obtaining or holding the employment. 10. Employees will not divulge their association with the Department in the course of their employment as a sales person. 11. Except as provided in this regulation, employees may not be employed by or have any ownership interest in any business subject to the authority of or doing business with the Police Department. 12. No towing service owned and/or operated by off-duty Montgomery County police employees shall be used for towing of vehicles at the request of on-duty Montgomery County police employees unless specifically requested by the owner or operator of the vehicle involved. 13. School Bus Operator – No employee of the Department shall operate a school bus immediately after working a midnight shift. 14. Employees, in the performance of their secondary employment, will not take advantage of any services provided by the Department unless in the performance of legitimate police action. (Under the provisions of the CJIS Law, it is a violation to disseminate criminal records information to non-criminal justice agencies or to anyone when not in the scope of official business. Further, obtaining any information, criminal or non-criminal, can only be done in the same capacity as a private citizen when not for official police activity. Any deviation from this can subject the employee to tort liability.) 15. Employees may not use confidential information gained in county employment for outside financial gain or for any purpose other than use in county employment. 16. Employees, while on duty, may not accept or solicit referrals for their secondary employment. 17. Employees will not distract or coerce other county employees during their scheduled work hours to buy or use products or services sold or offered as part of their secondary employment. 18. PPVs and SOFVs may be driven to and from the job site and used as a stationary observation post but must not otherwise be used in the course of or in furtherance of their secondary employment work. While using the vehicle as a stationary observation post, employees must monitor the police radio as required by any applicable collective bargaining agreement. 19. Employees are prohibited from working for any person(s) or any entity owned (at least 5% ownership) by a person, or persons, they supervise, or who supervises them as part of their county employment. 20. Approval for secondary employment may be suspended by the Police Department based upon credible information that the secondary employer, official of the employing company, or an employee’s supervisor, becomes the subject of a law enforcement investigation or enforcement action other than a petty offense or traffic charge where the focus of the investigation or enforcement action creates a conflict of interest between the secondary employment and the employee’s status as a police officer. Employees will cease employment upon notice by an appropriate supervisor of a suspension pursuant to the above condition. Employment suspended under this section may be reinstated without need for reapplication, at the conclusion of the law enforcement investigation or enforcement action. 21. This subsection implements the authority provided in Montgomery County Code §19A-11(b)(6). a. Montgomery County Code §19A-11(a) does not apply to an employee’s exercise of the employee’s police authority during approved secondary employment (e.g., traffic direction). b. For purposes of the following sentence only, the term “employee” includes a fire/rescue employee. Montgomery County Code §19A-11(a) does not apply to an employee who is exercising the employee’s official duties in an emergency affecting a business or property in which the employee or a relative of the employee has an economic interest. 22. This subsection implements the authority provided in Montgomery County Code §19A-12(c)(2). Montgomery County Code §§19A-12(b)(1)(A) and (b)(2) do not prohibit an employee from working outside employment for an organization solely because that organization is located in the County or in the district where the employee is assigned. 1. No employee shall work in security related secondary employment unless: a. The employee completes both the Secondary Employment Request and the Secondary Employer Agreement for Security Related Work. b. The employee has been employed by the Montgomery County Department of Police for at least one year as an employee as defined in this regulation. 2. When the employee determines that an offense report should be initiated, the employee will call an on-duty employee to take the report and initiate an investigation to the same extent as if a private citizen had called the police. This policy is not intended to prohibit an employee witnessing the commission of a crime from taking immediate and appropriate police action. However, once the situation is under control, the employee will call on-duty employees. 3. The employee will work only as a surveillance guard and, if the employee anticipates a situation where the presence of on-duty uniformed employees would have a calming or deterrent effect, they will be requested. 4. Security related secondary employment shall be limited to duties customarily associated with those performed by a watchman or guard, and will not include background investigations or any form of investigative surveillance work related to any divorce, separation, or other domestic situation within Montgomery County. 5. No follow-up investigations of previously reported offenses will be handled by off-duty employees; all information coming to their attention relating to such incidents will be reported to investigating employees. 6. While on duty with the Department, the employee will show no preferential coverage to the place of the employee’s secondary employment, nor while employed there off-duty will he/she encourage visitation by on-duty employees. 7. Under no circumstances will an employee act as an intermediary between a particular secondary employer and a group of employees employed as watchmen/security guards for the purpose of scheduling, coordinating or any other similar activity unless the employee has first obtained the appropriate license from the superintendent of the Maryland State Police, if such license is required. 8. Employees will not be permitted to work security-related secondary employment unless the secondary employer agrees: a. To pay officers appearing in court on their day off or during non-regularly scheduled working hours for civil incidents arising from off-duty employment activity. b. To pay the employee by check showing proper deduction for Social Security, if required by law. c. To provide Worker’s Compensation Insurance coverage for the employee, if required by law. d. Except for non-regular, occasional, or sporadic employment for a private individual, the secondary employer agrees to maintain a comprehensive general public liability insurance policy in a minimum amount of $500,000, which policy will cover the employee against any and all claims and/or liability resulting from such employment. e. To make no attempts to exert any influence regarding a police decision involving whether an arrest should be made. f. To initiate all formal charges for trespassing and not let the employee initiate such charges. g. To keep the agreement between the secondary employer and the county in force for the duration of the period specified in the agreement. 1. Police employees are authorized to work uniform off-duty security only within the boundaries of Montgomery County, Maryland. 2. Employees may work secondary employment in uniform only as a watchman or surveillance guard. 3. Employees will not engage in secondary employment where there is a potential conflict of interest between the employee’s duties as a police employee and duties for the employee’s outside employer. 4. Uniform off-duty security employment is prohibited if the employee’s police powers are suspended or revoked. 5. Uniform off-duty security employment is prohibited in the following circumstances: a. An employee is under the influence of alcohol or drugs. b. It is probable that on-duty employees would respond as a result of a demonstration, protest march, sit-in, labor/management dispute, or mass arrest situation. c. The employee is in a leave status identified in COMCOR 35.03.01.04.4, or in a leave without pay status. d. The secondary employment establishment sells, distributes or serves alcoholic beverages unless two or more officers are hired to work and are present the entire time, and provided that no part of the employee’s specific duties are related to, or involve the bar area where alcoholic beverages are sold or dispensed, the employment does not require “bouncer” duties and the sale, dispensing or handling of alcoholic beverages is not the primary business of the establishment. e. Gambling is occurring in the secondary employment establishment (other than the sale of state lottery tickets by the secondary employer). 6. Uniform off-duty security employment must be terminated immediately upon notice to the employee by an appropriate Department supervisor, that the secondary employer, official of the employing company, or an outside employer’s supervisor, becomes the subject of a law enforcement investigation or enforcement action other than a petty offense or traffic charge. 7. Police employees may only work uniform off-duty security on the premises of their secondary employer, or on property immediately adjacent to the secondary employer’s property. 8. In the event the County develops the capability to retain and monitor such information, employees engaging in uniform off-duty security employment may be required to immediately notify the Emergency Communications Center at the beginning and end of the work period indicating the secondary employer and the duty location. 9. Employees are only authorized to work secondary employment in uniform a maximum of 16 hours in a forty-hour workweek, days off are excluded. 10. Employees are prohibited from working uniform off-duty security employment for: a. Debt collectors. b. Private process servers. c. Skip tracers. d. Employers engaging in repossession of property. e. Employers doing pre-employment investigations. f. Bail bonding agencies. g. Employers engaging in the towing of vehicles. h. Employers engaged in the security guard, private investigator, or private detective business. 11. If uniformed secondary employment work requires the simultaneous presence of six or more officers at the secondary employment site at one time, the secondary employer shall agree to hire an additional person whose full time position is that of a Montgomery County Police sergeant. The sergeant shall be responsible for supervising the employees at the secondary employment site consistent with the policies and procedures of the Department. If no sergeant can be hired, an additional officer shall be hired and the most senior of the officers shall be responsible for supervising the employees at the secondary employment site. 12. See FOP Collective Bargaining Agreement for Reopener. 13. Unit Members may be employed in uniform for the following functions: a. Traffic direction to assist with ingress and egress from public or private property, e.g., churches, synagogues, shopping centers. However, whenever a permit is required from a local, state or federal government, the secondary employer must obtain such permit as a condition of employment. b. Traffic direction at construction sites, block parties, races, parades and other events provided the secondary employer obtains any required permits. c. Traffic monitoring and selective enforcement for a local government, special taxing authority, government entity, provided no county, state or federal permit is required. d. Assigned vehicles may be used when the unit member is employed by a local government, special taxing district, or a government entity, provided that the government entity for whom the unit member is working secondary employment agrees to reimburse the County a fair and reasonable rate for such vehicle use. The County has the discretionary authority to determine a “fair and reasonable rate of reimbursement.” Although this authority cannot be exercised in an arbitrary manner. e. Teaching or instructing a law enforcement topic for a college or university. f. Under other reasonable circumstances where the parties agree, is in the interest of public safety. 14. Employees may not work in uniform in any capacity for employers engaged in the security guard, private investigator, or private detective business. Employees, in the performance of their secondary employment, are permitted to carry and utilize the following issued county or otherwise authorized equipment: 1. Weapons/Protective instruments (carried in an inconspicuous manner unless uniformed): Handgun; OC spray; baton; and flashlight; electronic control device and other weapons/protective instruments mutually agreed upon by the parties. 2. Portable radio; Ballistic vest; Handcuffs; MCP badge and credentials. 3. Baseball cap or other headgear (uniformed only). 4. Employees may wear the patrol uniform and authorized issued equipment while engaged in uniformed secondary employment and while going to and from the secondary employment site. If the uniform is worn, the entire uniform, along with the Sam Browne belt, revolver/pistol, handcuffs, and portable radio, must be worn by the officer. Any employee who ceases or cancels secondary employment will notify the Police Department in writing or electronically, indicating cancellation, if: 1. Approval was for 3 years and it has not expired, or 2. Approval was for 12 months and it has not expired. Employees who are hired for traffic direction or traffic control shall wear their issued reflective vest or raingear (as appropriate).

The purpose of this regulation is to establish a fee to cover the costs of the materials used by police personnel who fingerprint and research criminal events, traffic-accident reports or other police reports, and make copies of those reports and fingerprint cards for private use. These services are available at any of the six district stations and police headquarters at a cost of $10.00 for each fingerprint card and/or report as requested in person or by mail. Fees are collected at the time of service. A person who wants to be fingerprinted and/or needs a copy of a police report must pay a fee of $10.00 per fingerprint card/report requested, except a taxicab operator exempted under Section 53-53 of the County Code, a County employee fingerprinted for employment-related purposes, and/or any other person exempted by law. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

1.1. Source of Funds. Monies forfeited to Montgomery County, Maryland, under Sections 297 and 297A, Article 27, Annotated Code of Maryland 1957, 1982 Repl. Vol. as amended, after April 29, 1986, must be the source of the funds for the Drug Enforcement Forfeiture Fund ("Fund"). These funds shall include cash or currency, proceeds derived from sale of real property, criminal proceeds, conveyances, personal property, including financial instruments, and funds turned over to Montgomery County from other governmental agencies through drug enforcement asset sharing procedures, as well as any other funds to which the county is entitled as a result of drug forfeiture proceedings. 1.2. Authorization to Expend Funds. All expenditures of the fund must be authorized by appropriation pursuant to Article 3 of the Montgomery County Charter. 1.3. Use of Funds. The intent of Section 35-13B is to allow the Department of Police the discretion to use the Fund for narcotics enforcement in the areas of investigations, training, and equipment procurement. Subject to authorization by the Chief of Police or his designee, Fund monies must be used in the following manner: (a) Investigations. Fund monies must be used for the controlled purchase of drugs, to pay informants, and other expenses related to drug investigations. (1) Expenditures for investigations are limited to monies available in the Fund. No amount greater than $25,000 may be spent on any single investigation. In cases where a single investigation requires an expenditure greater than the $25,000 limit, the Chief of the Investigative Services Bureau must recommend the expenditure to the Chief of Police who will have final authority to approve the request, subject to the status of the account balance. (b) Training. To remain current with investigative techniques and to maintain the technical expertise required for narcotics investigations, Fund monies must be used to allow officers to attend, participate in, and conduct training programs and professional meetings in the field of drug investigations and other topics relevant to those investigations including interagency gatherings for the purpose of information exchange. (1) Expenditures for training purposes must be for travel, lodging, registration, instructional expenses, per diem, meeting expenses, consultants, and other costs approved by the Chief of Police consistent with the appropriate county administrative procedures or executive regulations. (2) Fund monies for training purposes may be spent only after authority has been given by the director of the Special Investigations Division, the chief of the Investigative Services Bureau, the Training Selection Committee, and the Chief of Police. (c) Equipment. In order to allow the Police Department to utilize the most recently developed equipment and state-of-the art technology in the enforcement of narcotics laws, Fund monies may be used to purchase or lease equipment. The Special Investigations Division also may lease equipment to increase or supplement the Department's present capabilities in individual cases, where appropriate, including the lease of motor vehicles. (1) Expenditures for equipment purposes must be made in accordance with Montgomery County Government Procurement Regulations. (A) Purchases. A committee, comprised of the chief of the Investigative Services Bureau, the police Management and Budget director, and the director of the Special Investigations Division, must determine if a requested item should be purchased, and must forward the recommendation for an item's purchase to the Chief of Police for review and approval. If the Chief of Police approves the committee's decision, a purchase request must be sent to the Office of Procurement for action. The Department of Police must recommend the appropriate method of procurement for the item(s) requested based on the department's needs. Expenditures of $500 or less can be authorized by the director of Special Investigations Division. (B) Leasing/Rental. Leases or rentals that will not exceed a total of $500 or 30 days are within the discretion of the director of Special Investigations Division. Leases or rentals that exceed these limits must have the additional approval of the chief of the Investigative Services Bureau. All leases and rentals must be consistent with, and subject to, the Procurement Regulations of Montgomery County. (d) Asset Sharing. Where monies have been forfeited because of controlled dangerous substance violations, and the forfeiture arose from interagency action between the county police department and other law enforcement agencies including the Maryland National Capital Park Police, the County Chief of Police is authorized to make an equitable distribution of such funds after receiving a recommendation from the chief of the Investigative Services Bureau, the Police Management and Budget director and the director of the Special Investigations Division. The director must transfer to Maryland-National Capital Park Police all funds in the Drug Enforcement Forfeiture Fund that result from any arrest within the boundaries of any park under the jurisdiction of the Maryland-National Capital Park and Planning Commission if the arrest was initiated by the Park Police and another law enforcement agency was not involved in the arrest or investigation. (e) Other Expenses. Should the fund have sufficient monies available after supplementing the Drug Enforcement Section of the Special Investigations Division, the Chief of Police may authorize use of the Fund to enhance the narcotics enforcement capabilities of other units within the Department of Police. The director of the Special Investigations Division, will submit a report to the Chief of Police, through the normal chain of command, in the month of July which will reflect all monies available in the Fund and that amount of money necessary to supplement the Drug Enforcement Section. 1.4. Maintenance of Monies. (a) Special Revenue Fund. A special revenue fund must be established by the director of the Department of Finance for the deposit of forfeited monies. (b) Liquid Assets. Cash monies in an amount not to exceed $25,000 on hand may be drawn from the special revenue fund account and must be placed in a safe located in an area to be chosen by the Chief of Police or his designee. Access to the liquid assets must be restricted to the chief of the Investigative Services Bureau and the director of the Special Investigations Division or his designee. (1) Replenishment. Liquid assets must be maintained at the $10,000 level by way of replenishment requests to the director of the Department of Finance from the director of the Special Investigations Division, or in his absence, the chief of the Investigative Services Bureau, via the Police Management and Budget director, or the director's designee. (2) Accounting. A cash control log must be maintained by the Special Investigations Division to monitor the activity of the liquid assets under the control of the chief of the Investigative Services Bureau and the director of the Special Investigations Division. (A) All requests for monies must have a cash expenditure memorandum and justification request. The memorandum and request must be assigned a control log number and must be maintained in a permanent file. (B) The requests must be reviewed and approved by the director of the Special Investigations Division or the commander of the Drug Enforcement Section. (C) All approved expenditure requests must be completed within three days of receipt of the funds unless an exception has been approved by the director of the Special Investigations Division and must be documented with an accompanying expenditure memorandum. Unused funds must be returned to the director of the Special Investigations Division and must be accounted for in the expenditure memorandum. (D) All approved expenditure requests must be logged into a liquid asset control log that must be kept by the director of the Special Investigations Division. The log must reflect a reconciled balance between expenditure requests and actual expenditures. (E) A checking and/or credit/debit account drawn on the Drug Enforcement Fund may be maintained by the director of the Special Investigations Division in order to pay for authorized expenses. (c) Audit. All books, records, and control logs maintained by the Department of Police in connection with the Fund must be subject to periodic and unannounced audits by the Department of Finance. (d) Pursuant to asset sharing provision of the Drug Enforcement Fund law, the director of the Special Investigations Division will recommend the transfer of funds when appropriate to other law enforcement agencies. This recommendation must be made to the Chief, Investigative Services Bureau and approved by the Chief of Police. (e) A Special Investigations Division S.O.P. will be formulated to administer the flow of asset sharing funds to the affected agencies in conjunction with the Management and Budget Division, Montgomery County Department of Police. 1.5. Record Keeping (a) Forfeiture Deposits. The Office of the County Attorney must notify the director of the Department of Finance of the forfeiture of monies to the County by either the Circuit Court or District Court and the amount forfeited. This notification must come via the Assistant County Attorney assigned to the Department of Police. Copies of the notice also must be sent to the director of the Special Investigations Division and the Property and Supply supervisor. The Property and Supply supervisor must advise the director of the Special Investigations Division of the date when the forfeited monies are deposited in the special revenue fund. (b) Account Balances. The director of the Special Investigations Division, must maintain a daily log/ledger showing the balance in the Investigative Advance account (cash on hand) and must submit appropriate reports at least monthly with supporting documentation to the Chief of Police and the director of the Management and Budget Division, Department of Police for verification. The report will reflect all replenishment and disbursements from the investigative advance account for the month. The Director of Accounts must submit to the director for Management and Budget, Department of Police, and to the director of the police department's Special Investigations Division a monthly report on monies in the account. (c) Supporting Documentation. The documentation which is to accompany the monthly account balance report must consist of the following: the written notification received from the County Attorney's Office advising of the forfeiture award, Section 1.5(a); the written notice from the Property and Supply supervisor of the date the forfeited monies were deposited to the special revenue fund, Section 1.5(a); copies of the account activity log, Section 1.5(b); and copies of the memoranda requesting withdrawal of funds, actual expenditures, and any reconciliation information received from the assigned investigator(s) (Section 1.4(b)(2)(A) and (C)). 2.1. Monthly Report. The director of the Special Investigations Division must submit a copy of the latest monthly Operating Budget Report for the Drug Enforcement Fund to the Chief of Police via the chief of the Investigative Services Bureau along with the divisional monthly report. The report must include a statement of the total amount of money in the Drug Enforcement Fund; the amount of money expended for investigative advances, supplies, travel, education and training, repairs to equipment, rental of equipment, personal computer costs, dues and subscriptions, and miscellaneous. This report will also show the balance of the fund on hand for the period. Copies must be provided to the director of Police Management and Budget and to the Assistant County Attorney assigned to the Department of Police. 2.2. Year-End Report. The director of the Special Investigations Division must submit to the Chief of Police a year-end report which must include those areas specified in Section 2.1, Monthly Report, via the chain of command. Year-end totals for all categories of the Fund must be provided Copies of the year-end report must be submitted to the director of Police Management and Budget, the director of the Department of Finance, and the Assistant County Attorney assigned to the Department of Police. The year must commence and terminate with the anniversary date of the effective date of the legislation. 2.3. Report to County Council. A report must be submitted to the County Council on March 1 of every year. 3.1. This regulation becomes effective 30 days after adoption by the County Council.

1. Applicant – an owner or lessee of a property, to include a business, nonprofit organization or residence located in a priority area. 2. Department – Defined as the Montgomery County Department of Police. 3. Priority Area – One or more police districts identified by the Police Chief as needing additional security cameras based upon public safety indicators, including crime levels. 4. Qualifying Resident – An owner or tenant of a property that is used as a residence, business, or a nonprofit organization. Property is located within a priority area. 5. Security Camera – An outside surveillance camera system with functioning digital video recording capability, that is installed on the property owned or leased by an individual, business, or nonprofit organization. 1. This regulation implements the private security camera incentive rebate program, which establishes an incentive for property owners and lessees, business owners, and nonprofit organizations to install an outdoor security camera that is intended to help deter crime and assist law enforcement with investigations. 2. An Applicant is eligible for a rebate: a. Of a monetary value up to two hundred fifty dollars ($250), provided that the amount of the rebate shall not be more than the cost of the purchase of the camera and subject to appropriation; b. The maximum rebates in this section shall be limited to one (1) security camera per qualifying residence, up to five (5) security cameras per qualifying business address, or up to five (5) security cameras per qualifying nonprofit organization address. 3. The Applicant’s property must be within a Priority Area designated by the Police Chief. 4. To be eligible for the rebate, the Applicant must participate in this camera program once established by the Department. 5. The Department will not automatically have access to video from cameras purchased under this program. The Department may have access to live or recorded video with the express permission of the applicant or through other legal mechanism. 6. By participating in this program, the Applicant will comply with all applicable federal, state, and local laws and regulations, to include electrical code requirements. If Applicant is a tenant of a building, the Applicant will comply with all applicable building and lease requirements. 7. The Applicant agrees in writing (electronically) that the security camera must not be used for the sole purpose of recording private property not owned or leased by the Applicant. 8. If the Applicant is a business or nonprofit organization, the Applicant agrees in writing (electronically) to post notice prominently to alert visitors of the existence of the security camera. 9. Permissible collection, dissemination, use, and disposal of images recorded by a security camera purchased under the program. a. The collection, dissemination and use of video by the Department will be for official law enforcement purposes. Efforts will be made to ensure anonymity of the Applicant. 1. An Applicant shall submit a security camera application on the form prescribed by the Department 2. A completed application shall include: a. The completed form prescribed by the Department; b. Proof of purchase of an applicable security camera; c. Make, Model, and Serial Number of the security camera; and d. Verification of the installation of the security camera system. 3. Upon the determination that an Applicant has complied with all the requirements, and subject to the availability of funds, the applicable rebate amount shall be provided to the Applicant. 1. The Department’s camera application website will allow the Applicant to determine if the property is within an eligible priority area. Priority areas will be evaluated annually. 1. Security camera systems shall meet minimum technical and video quality specifications published on the Department’s application website and must retain video footage for at least seven (7) days. 2. Security camera systems shall be installed on the exterior of a building and shall be weatherproof. 1. A security camera system shall be verified as installed before it is eligible for the rebate. 2. An Applicant shall verify installation by the following means: a. If the security camera system is installed by a business with a valid Business License that is engaged in the installation of security systems, the business shall certify the installation of the camera system at the property, including photographic evidence; or b. If the security camera system is installed by the property owner, business owner, or another person without a valid Business License, the Applicant shall notify the Department for an on-site visit to verify the installation of the security camera system. 1. Upon the determination that an Applicant has complied with all the requirements, and subject to the availability of funds, the applicable rebate amount shall be processed by the Montgomery County Government Finance Department and the funds sent to the Applicant at the address provided on the application form.

Safety Plan- A business-specific written document that summarizes the establishment’s efforts to safely conduct operations for patrons and employee(s) consistent with guidelines and training described in this Regulation. Serious Incidents - Criminal offenses investigated by a law enforcement agency that occur inside businesses open between 12:00am - 5:00am or criminal offenses investigated by a law enforcement agency that occur in immediate proximity to a business open between 12:00am - 5:00am where there is a direct and immediate nexus to events that occurred in the business, including: Distribution of narcotics or other controlled dangerous substances; A sexual offense in the third or fourth degree under § 3-307 or § 3-308 of the Criminal Law Article of the Maryland Code; or A crime of violence as defined in § 14-101 of the Criminal Law Article, including: abduction; kidnapping; manslaughter, except involuntary manslaughter; mayhem; maiming; murder; rape; robbery; human trafficking; sexual offense of any degree; use of a handgun in the commission of a felony or other crime of violence; an attempt to commit any of the crimes described in the preceding bullets of this list; assault in the first degree; assault against a law enforcement officer or emergency medical services provider in any degree; and, assault with intent of any type in any degree. Businesses required to submit a safety plan are those that have a “other tobacco products retailer” license, food license, license for on-site cannabis consumption, or liquor license where the products sold are consumed on-site at tables or other areas designated for consumption by the business, and that: (a). Are open to patrons from 2:00am – 5:00am; or, (b). Are open to patrons from 12:00am – 5:00am and have had two serious incidents within the previous 12 months. Businesses that are required (by hours of operation) to submit a safety plan, must submit a plan within 90 days of promulgation of these regulations. Businesses required to submit a safety plan under the serious incident provision will be notified in writing by the Montgomery County Department of Police (MCPD). These businesses must submit a plan within 90 days of the written notification by MCPD. Businesses that are required to submit a safety plan for approval shall do so through a portal on the Montgomery County Government website. Failure to complete or implement a safety plan is a class A violation for each day the business operates without the plan in effect except during the permitted submission or appeal timelines outlined in this Regulation. A business safety plan shall include: A location specific emergency evacuation plan; 24-hour contact information for the business owner, manager, or other designee; A statement confirming that all exterior bathroom doors are free opening and cannot be locked, if the bathroom facilities have stalls; A statement confirming that the business has received late-night business training from the County; A statement committing the business to cooperate with law enforcement investigations for crimes that occur in or in close proximity to their facility with a nexus to their facility, including, but not limited to reasonable, timely, and lawful provision of evidence necessary to investigate the crime in question; An acknowledgement that the business is in compliance with applicable Federal, State, and County laws and regulations; A statement regarding any resolved or pending citations issued by a government entity in the preceding 3 years; A site plan for the business delineating the locations of entrances and exits used by members of the public and the locations of exterior lights and cameras, if applicable; A summary of the square footage usable by members of the public and the fire code occupancy limit of the business; and, A summary of any applicable security measures, including security personnel, cameras, exterior lighting. Upon a review of the site map, the County may also require, with written justification, additions to the late-night business safety plan that include: Security personnel and training; Exterior Lighting; and, High-definition security cameras that provide video monitoring and recording, without audio recording capacity, of the interior and exterior of each entryway into the late-night business and the cash register or till. If a late-night business safety plan requires use of security cameras, then the business must also post signage in conspicuous locations on the interior and exterior of the establishment notifying the public that the premises are subject to video surveillance. MCPD shall provide a safety plan template consistent with this section on the Montgomery County website. The County shall establish a Safety Plan Review Panel that will receive and conduct a preliminary review of the late-night business safety plan within 30 (thirty) days of receipt of each safety plan. Each Safety Plan Review Panel shall include a representative from: Office of the County Executive (CEX); Montgomery County Department of Police (MCPD); Department of Environmental Protection (DEP); Department of Health & Human Services (DHHS); Alcohol Beverage Services (ABS); Department of Permitting Services (DPS); Board of License Commissioners; Regional Service Center where the business is located; and A public member of the respective Citizens Advisory Board under which the Business is located. Businesses may appeal the disapproval of a safety plan or the requirement to have to produce a safety plan under the serious incident inclusion provision before the Montgomery County Board of Appeals. Appeals must be filed within 30 days of receipt of the decision disapproving a plan or notification of the requirement to produce a plan. This section supports the late-night safety plan program, which requires businesses operating during certain hours to develop and implement business-specific plans to promote the safety of their patrons and employees. An owner of a business that is required by the County to produce a late-night business safety plan (the Applicant) is eligible for a rebate for up to ten thousand dollars ($10,000) for costs incurred in implementing an approved safety plan. Funding availability is subject to appropriation by the Montgomery County Council. By applying for this funding, the Applicant agrees to comply with all applicable federal, state, and local laws and regulations. If Applicant is a tenant of a building, the Applicant further agrees to comply with all applicable building requirements. An Applicant shall submit a business safety plan reimbursement application on the form prescribed by MCPD once the business safety plan has been approved and implemented. A completed application shall include: (a). The completed form prescribed by MCPD; (b). Proof of purchase of an applicable devise or service; (c). Demonstration of the appearance of each requested item for reimbursement in the business safety plan approved by the County; (d). Pictures and self-certification of installation of all required physical equipment for which reimbursement is being sought, including cameras, lighting, or signage; (e). Upon the determination that an Applicant has complied with all the requirements, and subject to the availability of funds, the applicable reimbursement amount shall be provided to the Applicant. Upon the determination that an Applicant has complied with all the requirements of this regulation, and subject to the availability of funds, the applicable reimbursement amount shall be processed by the Montgomery County Government Finance Department and the funds sent to the Applicant at the address provided on the application form.

Section 36-3 of the Code requires that a person who owns or controls land that includes a publicly accessible pond must post warning signs around the pond and at any major approach to the pond, such as a path. It is the purpose of this regulation to establish standards for warning signs, including the size, message, construction, placement and maintenance. The Director of the Department of Environmental Protection must recommend regulations for adoption by the County Executive to administer the provisions of Chapter 36, "Pond Safety" as specified in Section 36-3 of the Code. A publicly accessible pond is defined as a water impoundment that: A. Retains a permanent pool more than 24 inches deep and 20 feet across at its widest point, B. Is not a swimming pool as defined in Chapter 51 of the Montgomery County Code, and C. Is not surrounded by a continuous, permanent fence or barrier ( at least four feet high with no opening wider than two inches) within 100 feet of the shoreline. A. Placement: 1. Warning signs must be posted on all sides of a publicly accessible pond and at any major approach to the pond, such as a path. 2. Warning signs may be posted either in the pond or on the shore. 3. Warning signs must be visible from shore and not obscured by vegetation or other obstructions. 4. Warning signs at golf courses may be posted at the main entrance to the golf course rather than at each pond. B. Size: 1. Warning signs must be at least 18 inches high by 24 inches wide. 2. Lettering on warning signs must be at least 2 inches high and any graphics must be large enough to be clearly seen. C. Construction: 1. Warning signs must be made of a weather resistant material such as metal, pressure treated wood, plastic or other approved equivalent. 2. All lettering, graphics and the surface of the sign must be composed of a weather resistant material. 3. The sign must be securely anchored. D. Message: 1. The warning sign must, at a minimum, warn that entering the water to swim, skate, or boat is unsafe. The sign may use the international symbols for prohibited activities. 2. The sign must provide a legible written message and appropriate graphics. Examples of acceptable signs are attached and incorporated in this regulation. E. Maintenance: Warning signs required under Chapter 36 must be maintained in good condition by the person who owns or controls land that includes a publicly accessible pond. Any violation of any provision of this regulation is punishable as a Class A violation as set forth in Section 36-7 of the Code. This Executive Regulation will take effect on the date of adoption by the County Council or, 60 days after it is received by the Council if the Council takes no action to either approve or disapprove.

The County Executive may establish a registration fee that is uniformly based on the size of an individual registrant's business establishment. 1.1 The following registration fees are established for any person, firm, or corporation engaged in business to install, repair or maintain radio and television equipment and electrical appliances. Registration fees shall be paid at the time an application for a certificate of registration is filed. Certificates of registration shall be valid for one year from the date of issuance and are renewable upon application. Average Number of Employees Per Week Fee 1 to 10 Employees $40.00 11 to 15 Employees $58.00 16 or more Employees $92.00 2.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

This Executive Regulation defines the phrase “any written or electronically transmitted material that a seller produces or distributes in connection with the advertisement for sale of specific residential real property” as used in Section 40-12C of the County Code. (a) Any “written or electronically transmitted material that a seller produces or distributes in connection with the advertisement for sale of a specific residential real property,” as used in County Code § 40-12C, includes: (1) all printed sales material available on site or at an “open house;” (2) any information about a specific property for sale which is available on the Internet or in a web page; and (3) any written material which specifies the amount of tax the seller currently pays or recently paid. (b) Any “written or electronically transmitted material that a seller produces or distributes in connection with the advertisement for sale of a specific residential real property,” as used in County Code § 40-12C, does not include, unless the material specifies the amount of tax the seller currently pays or recently paid: (1) a newspaper or magazine classified “liner” advertisement or a “group display” advertisement in which the advertisement for a specific house is less than 16 square inches; (2) one or more introductory screen listings for a specific property on the Internet, which may contain the asking price, as long as the disclosure required by § 40-12C appears on the Internet listing in any later or linked screen which provides further financial details about the property; (3) a “For Sale” sign posted at or near a property; or (4) a radio or television advertisement. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

A. Authority. In accordance with the authority conferred under Chapter 41, Section 41-4, of the Montgomery County Code, 2004, as amended (hereinafter referred to as the “Code), the County Executive hereby promulgates this regulation to implement County law governing citizen participation in the County’s comprehensive public recreation program. B. Applicability. This regulation applies to all recreation programs created under Section 41-1 of the Code. For purposes of this regulation, the following words and phrases have the following meanings unless the context clearly indicates otherwise: Department - Montgomery County Department of Recreation. Director - The Director of the Montgomery County Department of Recreation or the Director’s designee. Disruptive behavior - means behavior that a reasonable person would find disrupts the normal functions being carried on in a recreation facility. Program manager - means a person designated by the Director to oversee a recreation program. Recreation facility - Any building, grounds, or transit vehicle owned, leased, or used by the County in connection with any recreation program. Recreation program - Any activity organized for general public participation and operated by the Department as a component of the public recreational program authorized under Section 41-1 of the Code. Weapon - Any instrument that a person can use to cause physical injury to another person. Weapons include, but are not limited to, knives, metal knuckles, and firearms as defined in the federal Gun Control Act of 1868 (18 U.S.C., § 921(a)). A. While participating in a recreation program, a person must not: 1. engage in disruptive behavior; 2. carry a weapon into a recreation facility, except as otherwise provided by law; or 3. engage in any conduct that is specifically prohibited by a notice conspicuously posted at a recreation facility. B. A person must not refuse, after engaging in conduct prohibited under subsection (A), to accurately identify himself or herself when asked to do so by a staff person assigned to the recreation facility. A. If a person engages in conduct prohibited by 41.00.01.03A, a program manager may issue a written order to the person that: 1. suspends the recipient’s participation in the applicable recreation program for a period not exceeding 90 days; 2. requires the recipient to receive prior written permission from the program manager before returning as a participant in the recreation program; or 3. imposes any other reasonable condition intended to assure that the normal activities of a recreation program are not unreasonably disrupted. B. An order issued under subsection (A) must notify the recipient that he or she may meet with the Director to discuss any reasons why the recipient’s participation in the applicable recreation program should not be suspended. The notice must specify the proposed place, date, and time of the meeting. The meeting must initially be scheduled to be held within five business days after the order is delivered to the recipient. At the request of the recipient, the Director may reschedule the meeting at a later date. If a meeting is held, the Director may affirm, modify, suspend, or rescind the order. C. An order issued under subsection (A) alone does not prohibit the recipient from attending or participating in other programs at the recreation facility where the disruptive behavior occurred while the order remains in effect. However, a staff person in charge of the recreation facility may issue an order that denies the recipient access to that facility under Section 32-19C of the County Code in addition to issuing an order under subsection (A). D. A person must not violate an order issued under subsections (A) or (C). E. A person whose participation in a recreation program has been suspended under subsection (A) may request and receive a prorated refund for any unused portion of the fees that the person has paid to participate in the program. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect 30 days after approval by the County Council.

1.1 COMMUNITY BASED PROGRAMS AND SERVICES means programs and services reduced in price and utilize tax or other funding support to recover a proportion of costs. These Programs and services are openly available to all residents on an equal basis. Qualification for this category may be one or more of the following: • Programs/services are not routinely provided by the private sector. • Programs/services primary benefit is to the entire community, or a large portion thereof. • Programs/services that imposing the full cost recovery would pose a hardship on specific service users. • Program/services that indirectly provide some significant benefit to the community. 1.2 COMPARABLE FEES means the charges that are being levied by other public or private providers of similar services within the County, nearby jurisdictions, or similar communities. 1.3 COUNCIL/EXECUTIVE INITIATIVES are programs or services that have been assigned by the County Council or the County Executive. 1.4 DEPARTMENT means the Department of Recreation. 1.5 DIRECTOR means the Director of the Department of Recreation or the Director’s designee. 1.6 FACILITY means any space used for a program or service that has a direct operating cost. 1.7 FINANCIAL ASSISTANCE means a fee reduction or waiver provided to an individual or group for whom the full fee would be a barrier to participation. 1.8 MARKET means the economic climate which managers consider when comparing themselves to others providing similar services. A market price is the prevailing value at which services are provided. 1.9 OPERATING COSTS means the expenditure the Department makes to provide a program or service. 1.10 PARTNERSHIP means programs, services, or facilities jointly sponsored by the Department and one or more profit or non-profit corporate entities. A Contract or approved MOU must exist. 1.11 RENTAL means payment made for the exclusive use of a facility or space there-in. Rental fees may be charged for specialized use depending on the activity’s impact on the facility. 1.12 SPECIALIZED PROGRAMS AND SERVICES means programs and services made available by the County whose primary benefits accrue directly to the individual or group with only nominal public benefit. Qualification for this category must be one or more of the following: • Programs/services that have substantial limitation on space and time. • Individuals or a group generate the need for the Program/Service. • Programs/services that require contractor services, and/or leadership, and/or instruction. • Programs/services that use consumable materials. • Programs/services that take place in facilities with high capital, operating, or maintenance costs. • Programs/services that require special preparation and/or conclusion. • Programs/services that have fees imposed by others. 1.13 STAFF COSTS means the salary and fringe benefit expenses associated with all temporary staff, career personnel, and contractors who are directly responsible for the planning and provision of programs or services. 1.15 SURCHARGE means an additional fee charged to those who do not reside in the County or the Recreation Tax District, and any extended services charges, and any other costs outside of the fee categories. 2.1 The mission of Department of Recreation is to emphasize Teamwork, Objectivity, Growth, Imagination, Value, and Excellence in providing recreation and leisure services and facilities in everything the Department does for all communities. The acronym “TO GIVE” represents the Department’s commitment to achieving this mission. 2.2 To fulfill the mission, the Department offers widely diversified recreation programs and services, striving for maximum citizen participation in the context of a sound fiscal program. Consumer demands for recreation and leisure services are greater than the availability of tax funds to support them; therefore it becomes an economic necessity to charge fees in order to supplement the recreation tax. These fees and charges provide the flexibility to offer services beyond what could be offered based on tax revenues only. Most fees and charges should be adjusted so that their per unit revenues will keep up with inflation. 2.3 Pricing for programs/services are to be established on sound cost based and market criteria and integrated into a total revenue process that also includes the Recreation District Tax, the General Fund, investment income, grants and other sources. 2.4 This regulation is built upon several propositions that together form the philosophical base for an appropriate balance of user fees, tax revenues, and partnerships. These include: 2.4.1 Tax support should be primarily directed toward debt services, special needs, and community based programs. 2.4.2 User fees should be the primary source of revenue for specialized programs, services, and rentals. 2.4.3 User fees and tax support may be used for partnership programs/services. 2.4.4 The cost of constructing facilities should be covered by the Recreation Fund, General Fund, partnerships, grants, state funds, and other outside resources, as they become available. 2.5 The Director of Recreation is authorized to establish programs, services, and facility fees based on a combination of costs, comparable fees, and market factors. 2.6 Anytime a new program is established in the Recreation Department or an existing program undergoes a major revision, the Director will decide the price recovery category and the specific program price. 3.1 There are five pricing categories. All Recreation Department programs are assigned by the Director to one of these pricing categories. PRICE RECOVERY CATEGORIES | MINIMUM STAFF COSTS TO RECOVER | MINIMUM OPERATING COSTS TO RECOVER | MINIMUM SUPPORT STAFF COSTS TO RECOVER Community Based Programs and Services | 25% | 50% | none Specialized Programs and Services | 100% | 100% | 50% Partnerships | 50% | 50% | 50% Rentals | 100% | 100% | 100% Council/Executive Initiatives | 0 — 50% | 0 — 50% | 0 — 50% 4.1 The Department recognizes there are families and individuals who do not have the financial ability to pay all or some portion of the fees associated with Recreation programs or facilities. The Director is authorized to waive or reduce fees to respond to situations of financial need. 5.1 Recreation District taxes subsidize a portion of Recreation programs and the operation of Recreation facilities. Individuals residing outside of the Recreation Tax District are assessed a surcharge to participate in fee based programs or facilities. Factors that may influence the surcharge include: market factors, overall revenue implications, cost retrieval, partnerships and grants. 5.2 Extended service charges may be applied to cover additional staff and operating costs incurred for participation beyond the initial program and/or service’s intent. 5.3 When there is a surcharge, it should be advertised. It will not always be practical or efficient to check addresses or identification of participants to enforce the surcharge. The “honor” system may be used in such cases. 6.1 The Department will advertise its programs and fees in the Montgomery County Recreation Guide, in flyers, brochures, on the Internet, and through other media. A copy of all current program fees authorized by the Director will be maintained and available in Recreation Department Administrative Offices. 6.2 The Department will seek input regarding pricing levels from a sampling of program participants and facility users. This information will assist in determining market factors. 6.3 The Department will also seek input from the Countywide Recreation Advisory Board regarding pricing. This Board is appointed by the County Executive to represent citizen interests on matters related to recreation and leisure services. The Countywide Recreation Advisory Board will hold a public forum at least once each fiscal year to hear citizens thoughts, viewpoints and concerns about Recreation Department prices and provide advice and recommendations based on this forum to the Director, the County Executive and the County Council. 7.1 This regulation becomes effective immediately after approval by the County Council or 60 days after the Council receives the Regulation if the Council takes no action within 60 days after receipt. This regulation establishes a Senior Adult Program Activity Card, annual fee of $12. Senior adults are defined by the Recreation Department as persons 55 and older. This fee is for the exclusive use by this age group of certain spaces in senior centers and community recreation centers and for participation in fee-based programs and activities offered by the Senior Adult Program Section of the Recreation Department. The regulation also establishes an additional fee for those wishing to participate in senior adult programs but not purchase a card. That additional fee will be calculated based on the original program fee according to the following schedule: Activity Fee Add $ 1.00 - $10 + $ 2 $10.01 - $15 + $ 3 $15.01 - $20 + $ 4 $20.01 - $25 + $ 5 $25.01 - $30 + $ 6 $30.01 - $35 + $ 7 $35.01 - $40 + $ 8 $40.01 - $45 + $ 9 $45.01 - $50 + $10 $50.01 - $55 + $11 $55.01 - $60 + $12 $60.01 - $65 + $13 $65.01 - $70 + $14 $70.01 - $75 + $15 $75.01 and over add 20% to nearest dollar This regulation takes effect 30 days after approval by the County Council or 90 days after receipt by the Council if no action is taken. Under the Montgomery County Code, 1984, Section 41-4, the Department of Recreation is authorized to establish and charge fees to offset costs for its programs and services. The attached schedule is adopted as the fees for recreation programs and activities. This regulation takes effect thirty days after approval by the County Council or ninety days after receipt by the County Council if no action is taken. Commercial Campground $5.00 each campsite No total fee for any one campground will be more than $500.00. This regulation takes effect on July 1, 1995.

1.1 Definitions In this regulation, unless more specifically defined, the following words have the meanings stated: a. Applicant means a person, other than a recipient, who applies for benefits on behalf of a household. An applicant must be at least 18 years old, reside at the application rental unit and be a member of the household. b. 1. Asset means any property or interest in property, including: A. cash; B. time or demand deposits in a financial institution or money market fund; C. stock; D. bonds; E. shares in a mutual fund; F. trusts; or G. real estate. 2. Asset does not include: A. furniture and furnishings used in the rental unit; B. clothing; or C. one automobile for each member of the household who is a licensed driver. c. Coordinated Entry means the list of names that is managed by the Montgomery County Department of Health and Human Services of Montgomery County residents experiencing homelessness. d. Department means the Montgomery County Department of Health and Human Services. e. Director means the Director of the Department or the Director’s designee. f. Eligible rental unit means a rental unit in Montgomery County: 1. for which the household has a written rental agreement; and 2. that maintains all licenses and permits as required by Chapter 29. 3. Eligible rental units include, but are not limited to: A. a detached or attached single-family home or townhouse; B. an apartment in a multi-family facility; C. a condominium or cooperative unit in a multi-family facility; D. a rental mobile home in a licensed mobile home park; or a rented mobile home pad on which the applicant has placed a mobile home in a licensed mobile home park; and E. a room or group of rooms in an attached or detached single-family home or townhouse, apartment, condominium or cooperative. g. 1. Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return, including, but not limited to: A. wages and tips received as compensation for employment or services rendered, before taxes and other deductions; B. interest and dividends from all financial accounts; C. benefits under Supplemental Security, the Social Security Act, or Railroad Retirement Act; D. bequests and inheritances; E. child or spousal support payments; F. recurring monetary gifts and loans (excluding student loans) made to the household by other persons not living in the household to assist with rent, groceries and other living expenses; G. strike benefits where there is no employee contribution; H. Temporary Cash Assistance, Refugee Assistance and Temporary Emergency Medical and Housing Assistance benefits; I. pensions and annuity benefits, including, veterans, railroad and mine worker benefits; J. unemployment compensation benefits; K. trust fund disbursements; L. capital gains; M. net profits from business and property rentals; N. worker’s compensation benefits; O. stipends for educational or research fellowships for living expenses, excluding that portion that covers tuition and required fees; P. foster care benefits; and Q. net income from self-employment. 2. Gross Income excluded from eligibility determination includes: A. losses from business, rental, or capital transactions; B. third-party payments from someone outside of the household for rent or other expenses. Payments for which the applicant has no discretion over the use of the funds that are given directly to the landlord or other provider; C. employment income of household members under 18 years old, unless emancipated; D. Pell Grants, Supplemental Educational Opportunity Grants, National Direct Student Loan, State Student Incentive Grant, Guaranteed Student Loans, College Work Study, State, Local and Federal Loans, Grants and Scholarships, Civic and Fraternal Scholarships, Private Company Scholarships, loans with established repayment plans; E. Medicare payments deducted from Social Security benefits; and F. Nazi Restitution payments to victims of Nazi persecution. 3. Allowable Deductions from Gross Income For the purposes of determining benefit amount, the Department may deduct medical and childcare expenses from household gross income. A deduction may only be granted if the applicant provides documentation that the household makes regular out- of-pocket payments for the following: A. childcare expenses up to the Montgomery County average cost of childcare, by type of care, as determined by the Working Parents Assistance Program; B. medical expenses for doctor and dental fees, prescription drugs and prescribed medical procedures that are not reimbursed by insurance or other sources; C. over-the-counter medical products if prescribed by a doctor to treat a medical condition; and D. medical insurance premiums for individuals with a documented disability or who are 55 years of age or older. h. Household means: 1. an individual, or two or more persons, whether or not related, who live together and are subject to the same rental agreement and one member meets at least one of the following criteria: A. is a person with a documented disability; or B. is a person 55 years of age or older; or C. a person who is a participant designated by the Director as eligible for participation. i. Person with a documented disability means a person who: 1. receives disability benefits under the Social Security Act or the Railroad Retirement Act, or from a federal, state, or local government disability retirement system; or 2. has a physical, mental, or emotional impairment that substantially limits one or more major life activities of the individual as the Department determines after the individual submits a statement of condition of disability from the individual’s physician. j. Recipient means a person who is currently receiving benefits on behalf of a household. A recipient includes a person who reapplies for benefits before the end of the person’s eligibility period. k. Relative means a parent/step-parent, grandparent, child/step-child, sibling, father-in-law, mother-in-law, son-in-law or daughter-in-law, or spouse. 2.1 Eligibility Criteria under Section 41A-3. a. An applicant must meet the following criteria to be eligible for monthly benefits as authorized by Section 41A-3 of the Montgomery County Code: 1. an applicant must pay rent and occupy an eligible rental unit or have an executed rental agreement or lease for an eligible rental unit as of the date that the benefit will be paid; 2. an applicant leasing a unit owned by a relative of any member of the household is not eligible; 3. an applicant or any member of the household must not have been previously excluded by the Director from participation in the program as provided in 41A.05.01.06 of this regulation; 4. the actual monthly rent paid by the household, excluding any payments made directly to the landlord on behalf of the household, including any allowance for utilities paid by the tenant, as established in 41A.05.01.04, 4.3, of these regulations, must exceed the rent-to-income ratios suitable for the household size as established in 41A.05.01.04, 4.1, of this regulation; 5. a household that rents a room or group of rooms within a detached or attached single-family home or townhouse, apartment, condominium or cooperative must have a separate rental agreement with the property owner. If the household is renting a room or group of rooms from a primary lessee, then the primary lessee must have a written agreement with the property owner to sublet. Each household with its own lease or rental agreement is eligible to be an applicant for the Rental Assistance Program. Otherwise, all occupants must be considered as a single household and must meet the income eligibility criteria established in this section; 6. the rental cost for the unit occupied must not exceed 120 percent of the average cost for a suitable size rental unit calculated in accordance with 41A.05.01.04, 4.3, of this regulation; 7. the value of the assets of the members of the household, after deducting debts owed by the members of the household, must not exceed $10,000 as of the date the application is approved; 8. the combined gross income of the members of the household must not exceed fifty percent of the median income in the Metropolitan Area for a household of comparable size as most recently published by the United States Department of Housing and Urban Development on the date the application is approved; 9. an applicant must be experiencing homelessness or the imminent threat of homelessness, including applicants who would become homeless but for their participation in the Rental Assistance Program, and: A. a member of the household is a person with a documented disability; B. a member of the household is 55 years of age or older; or C. a member of the household is a person who is designated by the Director as eligible for participation; 10. if a household receives a benefit prior to the date of enactment of this regulation and the household’s rental agreement assistance program benefit expires within six months from the date of enactment but is no longer eligible for the program under this regulation, the household may continue to receive the same benefit amount until one year from the date of enactment of this regulation; 11. an applicant or any member of the household must not be receiving a Housing Choice Voucher; and 12. an applicant must have a referral from the coordinated entry system or from an established referral agency. 3.1 Application Procedure for Article I a. In order to be considered for Rental Assistance Program benefits, an applicant must submit an application on a form provided by the Department, together with supporting documentation or information verifying household income, household assets, and rent paid for the rental unit. The applicant must certify in writing on the application or on an accompanying form that all information reported on the application form is accurate and true. The applicant is responsible for obtaining the landlord's certification. b. 1. The applicant applying for benefits pursuant to Article I of this Chapter must submit any information determined by the Department necessary to verify that all eligibility criteria have been met. At a minimum, all applicants must submit the following documentation for each household member as determined to be applicable by the Department: A. a copy of the most recent Federal tax return, including all attachments filed with the return, or certification that no tax return has been filed for the last three years; B. financial statements documenting assets and indicating interest or dividends earned and the principal account balances; C. documentation of wages, tips and other income for at least 30 days preceding the date of application; and D. any other information as may be required by the Department to determine if all standards of eligibility have been met. 3.2 Approval of Rental Assistance a. The Rental Assistance Program manager must certify applications as approved within 30 days of receiving all of the documentation required to determine if the application household meets the established eligibility criteria. b. Each applicant must be notified in writing if approved. A copy of the approval notice will also be forwarded to the rental unit landlord. c. Monthly benefit payments begin on the first day of the month following the date of application approval. Benefits must be approved for a maximum period of 12 consecutive months. The program manager may approve benefits for a shorter time period if the manager finds that a change in the household's income or other status may affect eligibility. d. Only one household per eligible rental unit may receive benefits. e. After notification of application approval, the applicant must notify the Rental Assistance Program when any one of the following occurs before the benefit period expires: 1. household moves from the application address; 2. household gross income changes ten percent or more; 3. household assets increase; 4. number of household members increases or decreases; or 5. amount of rent paid increases or decreases. 3.3 Reapplication a. A recipient must reapply for benefits: 1. at the end of each eligibility period; or 2. at any time a recipient moves from the rental unit for which a benefit is paid. b. A recipient must not continue to receive benefits after the expiration of an eligibility period unless the recipient reapplies for benefits during the eligibility period and continues to meet the eligibility criteria then in effect. 3.4 Denial of Application for Rental Assistance a. A denial must be based on a determination by the program manager that the applicant is not eligible for benefits or has failed to provide adequate information or documentation with respect to one or more eligibility criteria. b. An applicant who is denied benefits must be notified in writing of the denial by the program manager within 30 calendar days of the application’s denial. c. The notice must include: 1. the decision, the reasons for the decision, and regulations supporting the decision; 2. the right to request an informal case review; 3. the method by which a case review may be requested; 4. the right to be assisted by legal counsel, a relative, a friend, or other individual; 5. the right to appeal an unfavorable decision of a case review by requesting an administrative review hearing; 6. the right, upon request, to have an interpreter present in an administrative review hearing; and 7. the waiver of the right to an administrative review hearing if a case review is not timely requested. d. The Department may discontinue benefit payments or terminate the recipient from participation in the Program under the following circumstances: 1. the Department may immediately discontinue benefit payments when any one of the following occurs: A. recipient notifies the Department that assistance is no longer required; or B. Department is notified that recipient is no longer residing in the eligible rental unit, except when the recipient is temporarily absent from the rental unit because of institutionalization. 2. the Department may discontinue benefit payments and terminate the recipient from Program participation when any one of the following occurs: A. household no longer meets all eligibility requirements; B. recipient or any household member fails to provide information required to determine continued eligibility recertification; C. recipient fails to reapply for Program benefit payments before the end of their current eligibility period; D. recipient household is evicted from the rental unit; E. lease is terminated by the landlord or the recipient household; or F. recipient or any member of the household violates the terms of their service agreement. e. The Department may discontinue benefit payments, terminate the recipient from the Program, and exclude the recipient from future Program participation for any one of the following reasons: 1. recipient, or any household member, has improperly obtained benefit payments or improperly used benefit payments; or 2. recipient, or any household member, is convicted of criminal activity that would adversely affect the health, safety or wellbeing of other persons. f. If the recipient or any household member is the victim of domestic violence, dating violence or stalking, the Department may not discontinue benefit payments or terminate Program participation because of the violence committed against them. g. A recipient who receives an adverse decision under any provision in this section may seek a review of the adverse decision in accordance with the procedures specified in this regulation. 3.5 Applicant Case Review a. An applicant has 30 calendar days from the date of the program manager’s notice of denial to request a case review. The applicant may make the request in writing or in person, to either the Rental Assistance Program manager or the caseworker. b. A case review will consist of a review by the Rental Assistance Program manager or the caseworker of the oral and documentary information pertinent to the application and any information provided by the applicant relating to the denial of the application. c. Within 15 calendar days of the case review, the program manager must send the applicant a notice of the decision from the case review. The notice must state the basis for the decision. If the decision is adverse to the applicant, the notice must state that the applicant has the right to appeal the decision by requesting an administrative review hearing. The program manager must include a copy of the form for appealing the decision with the notice. d. The Department must, upon request, assist an applicant with requesting a case review and provide an interpreter to assist an applicant with requesting a case review. 4.1 Benefit Calculations for the Rental Assistance Program The amount of monthly benefits that may be granted for Rental Assistance recipients is that amount by which the monthly rent exceeds, less any other housing subsidizes, including any payments made by sublessors, or payments made on the household’s behalf directly to the property: a. 40 percent of the combined monthly gross income of a household of no more than three members; or b. 35 percent of the combined monthly gross income of a household with four or more members. 4.2 Method of Benefit Payment a. Benefit payments must be made by monthly checks payable jointly to the head of household and either the: 1. owner of the rental unit; 2. rental agent or management authority for the rental unit; 3. rental facility; or 4. primary leaseholder from whom the household is a sublessee. b. Benefit payments may be paid as a single payee check to the owner of the rental unit, rental agent or management authority or primary leaseholder, at the request of and with the written permission of the recipient. 4.3 Rental Cost Limitations The monthly rental cost used to calculate benefits or determine eligibility is subject to the following limitations. a. Garage, pet, pool, housekeeping, food, health aide services or other such fees must not be included in the rental cost. b. The actual rent paid for a rental unit, including any allowance for utilities paid by the tenant, must not exceed 120 percent of the average cost for a suitable size rental unit. The average Montgomery County rental costs must be determined periodically by the Department as most recently published by the Montgomery County Department of Housing and Community Affairs. c. Utilities (lights, cooking fuel, water/sewer, and heating fuel) not included in the rent and paid for by the tenant must be included in the actual rental cost whenever the program manager determines that the cost of the utilities will have an effect on the provision of benefits. Utility allowances must be determined periodically by the Department as most recently published by the Housing Opportunities Commission, Department of Housing and Urban Development Rental Assistance (Section 8) and Public Housing utility allowance chart. d. If the rental unit occupied by the household is larger than that required for the household, the average cost for a suitably sized unit must be used. The suitable size is determined by the number and composition of the household as follows: 1. one or two persons - one-bedroom unit; 2. three or four persons - two-bedroom unit; 3. five or six persons - three-bedroom unit; and 4. seven persons or more - four-bedroom unit or larger, depending on the number of additional household members. 4.4 Limitations on Benefit Payment Amounts The following limitations on the amount of the benefit are hereby adopted pursuant to the authority contained in Section 41A-5 of the Montgomery County Code, as amended, and in accordance with method (3) of Section 2A-15 of the Montgomery County Code. The limitations on benefits are as follows: a. the maximum benefit authorized pursuant to Section 41A-5 is $503 a month; b. benefit payments less than $100 a month must not be paid; and c. only one household per eligible rental unit may receive benefits. 4.5 Payment Upon Death or Institutionalization of the Recipient If a recipient of benefits dies or becomes institutionalized during the eligibility period for which benefits have been approved: a. benefit payments may be paid until the expiration of the eligibility period, upon written request, to: 1. the spouse, as long as the spouse continues to reside in the rental unit; or 2. another surviving member of the household who continues to reside in the rental unit; and b. at the end of the approval period, the household must reapply to determine if the remaining household members continue to be eligible for benefits. 4.6 Availability of Benefits a. Benefits for this program are subject to the availability of funds appropriated and any limitations set on the number of recipients of the program by the County Executive. b. At any time that the Director estimates that the amount of money needed for benefit payments for new and renewal applicants to the Rental Assistance Program, when added to the projections of benefit expenditures required for those households already in the Rental Assistance Program, is likely to exceed the amount of unexpended appropriated funds for the remainder of the fiscal year, the Director may order the program administrator to defer commencement of payments of benefits to new or renewal applicants, and to place those newly approved eligible applicants onto a waiting list. When the Director determines that one or more additional households may be put into the program without causing the total expenditures to exceed the amount of appropriated funds, eligible applicants, to the extent funding permits, must be processed to receive benefits. 5.1 Waivers The Director may waive any Rental Assistance eligibility requirement upon a finding of good cause. 5.2 Waiver Procedures All waivers must be requested in writing. The waiver must clearly state the eligibility requirement for which the waiver is being requested. Upon a finding of good cause, the Director may grant a waiver, which must be in writing, and must clearly state the reason the requirement is being waived. 6.1 Falsification of Information Any person who knowingly makes or helps another person to make a false or misleading statement in order to obtain benefits under Chapter 41A: a. upon conviction shall be guilty of a class A violation; b. may be required to repay the County any rental assistance benefit improperly paid in reliance on the false or misleading statement; and c. may be required to pay the County interest on the total amount improperly paid at the rate of one percent per month on the outstanding balance owed until the total benefit improperly paid is repaid. 6.2 Discontinuation of Payments and Exclusion from Future Participation in the Rental Assistance Program a. If the program manager believes any household has improperly obtained benefits, improperly used benefits, or has violated provisions of Chapter 41A, the program manager may discontinue benefits or request the Director to exclude the household from future participation in the Rental Assistance Program. b. The applicant or recipient who receives an adverse decision under any provision in this section may seek review of the adverse decision in accordance with the procedures specified in 41A.05.01.07 and 41A.05.01.08 of this regulation. 7.1 Notice to Recipients of Adverse Action a. The program manager must notify a recipient in writing of an adverse action. An adverse action includes a denial of a reapplication of benefits, a decision that the recipient failed to provide documentation requested in a reapplication, a decision to suspend, discontinue, reduce, or terminate assistance, a decision to seek to recover an overpayment or over issuance of rental assistance, or a decision that the program intends to take any adverse action listed in 41A.05.01.06, 6.2, of this regulation. b. The notice of adverse action must include: 1. the decision, reasons for the decision, and regulations supporting the decision; 2. the right to request an in-person case review; 3. the method by which an in-person case review may be requested; 4. the right to be assisted by legal counsel, a relative, a friend, or other individual; 5. the right to appeal an unfavorable decision of an in-person case review by requesting an administrative review hearing; 6. the right, upon request, to have an interpreter present in any in- person case review or administrative review hearing; and 7. the waiver of the right to an administrative review hearing if a case review is not timely requested. 7.2 In-Person Case Reviews a. A recipient has 30 calendar days from the date of the program manager’s notice of adverse action to request an in-person case review. Such request must be made in writing or in person to either the program manager or the caseworker. The Department must, upon request, assist a recipient with requesting an in-person case review and provide an interpreter to assist the recipient with requesting an in-person case review and attend the in-person case review. b. An in-person case review consists of an informal, in-person meeting of the recipient with a Rental Assistance Program manager or the caseworker. The program manager or the caseworker must review the oral and documentary information pertinent to the application and must explain the basis for the proposed adverse action. The recipient must be provided the opportunity to present his or her reasons and explanations for why the adverse action is not warranted. c. Within 15 calendar days of the in-person case review, the program manager must send the recipient a notice of the decision from the in-person case review. The notice must state the basis for the decision. If the decision is adverse to the recipient, the notice must state that the recipient has the right to appeal the decision by requesting an administrative review hearing. The program manager must include a copy of the form for appealing the decision with the notice. 8.1 Appeals by Applicants and Recipients a. An applicant or recipient who requested a case review in a timely manner may appeal an adverse case review decision by filing a written request for an administrative review hearing with the program administrator, within 30 calendar days of the date of the notice of the adverse case review decision. Such request must be on the form provided with the notice of the adverse case review decision. b. The Department must, upon request, assist an applicant or a recipient with requesting an administrative review hearing or provide an interpreter to assist the applicant or recipient with requesting an administrative review hearing and attend the administrative review hearing. 8.2 Conduct of the Administrative Review Hearing The Director will conduct the administrative review hearing. During the administrative review hearing, the Director must review the decision of the Rental Assistance Program manager, the relevant Rental Assistance Program file, and the record of the case review. The Director must also hear and consider materials presented and arguments made by the appellant as to why the decision of the Rental Assistance Program manager is in error and should be reversed. The Director must conduct the hearing in a fair, even-handed manner, giving the appellant an adequate opportunity to fully present the appellant’s case, with due regard for the appellant’s education, experience and communication skills. 9.1 Except as provided in 41A.05.01.09, 9.3, and in 41A.05.01.06 of this regulation, no adverse action must be taken against a recipient until the expiration of the following periods, to the extent applicable: a. the period for requesting an in-person case review; b. the appeal period following an adverse decision in an in-person case review; or c. issuance of the decision in an administrative review hearing. 9.2 Except as provided in 41A.05.01.06 of this regulation, a recipient will incur no repayment liability until, as applicable, the later of the date of: a. the notice of the decision in the in-person case review; or b. the decision in the administrative review hearing. 9.3 The program manager may discontinue benefits immediately when: a. a recipient notifies the program manager that assistance is no longer required; b. the rental unit landlord verifies that the recipient is no longer a tenant at the recipient’s latest rental address; or c. benefit checks are returned by the post office as undeliverable and attempts to contact the recipient are unsuccessful. The immediate discontinuation of benefits does not change the recipient’s right to request an in-person case review as provided in 41A.05.01.07. If an applicant or recipient is aggrieved by a final decision of the Department in an administrative review hearing, that applicant or recipient may file an original complaint in the Circuit Court for Montgomery County, Maryland. 11.1 This regulation takes effect 30 days after approved by the County Council and any benefit adjustment takes effect on the first day of the next month.

This regulation is adopted pursuant to Section 41-A-9, 41A-11, 41A-13 and 41A-14, Article II, Titled “Handicap Rental Assistance” of Chapter 41A, Titled “Rental Assistance” of the Montgomery County Code 1984, as amended. The purpose of this regulation is to establish income eligibility requirements for the Disability Support Services Program. A. Entitlement Program: Any Federal or State program in which eligibility to receive benefits is determined by individual resources and income limits. Entitlement Programs include but are not limited to: State “Welfare” Benefits AFDC - Aid to Families with Dependent Children GPA - General Public Assistance GPA-E - General Public Assistance to Employables PAA - Public Assistance to Adults Social Security Benefits (only source of income) SSI for those over 65 SSI for the disabled SSI for the blind Veterans Benefits (only source of income) disability non-service connected service connected survivors State or local Sheltered Housing Health Benefits: Programs which will pay for medical care, where a card is issued to eligible recipients. Medicaid Medicare (age 64 and under) Maryland Pharmacy Assistance Program Food Benefits: A program which provides coupons which can be redeemed in stores for food. Food Stamps B. Payment Amount: The amount of money received monthly by each program recipient. The payment amount is established annually by the County Executive. C. Sliding Rent Scale: The amount of rent charged to a program recipient by a licensee. The amount is based on gross income including the amount of rental assistance. D. Verification: A copy of the letter indicating approval to receive benefits or a copy of the recipient’s check. A. Clients who have been accepted by an Entitlement Program, as defined above, are automatically eligible for Disability Support Services. B. For each recipient, licensees must submit verification that 1. The recipient is currently receiving benefits from an Entitlement Program or 2. An Application has been filed and is being processed for an Entitlement Program. C. Each recipient must be recertified annually. All pending recertification applications must have an acceptance status or be in the process of an appeal at the time of recertification, or the applicant will be deemed ineligible. D. Recipients receiving Section 8 funds are not eligible for Disability Support Services. Recipients who become ineligible for Entitlement Program benefits are ineligible for Disability Support Services. The Department of Family Resources must be notified within 30 days that a recipient has become ineligible for benefits. Licensees are required to use a sliding rent scale for all program recipients. Each licensee must submit a sliding rent scale for each rental facility on an annual basis, for review by the Department of Family Resources. The provisions of these regulations are severable and if any provision, clause, sentence, section, word or part thereof is held illegal, unconstitutional or inapplicable, it shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts of these regulations or application to other persons or circumstances. The Director of the Department of Family Resources has the authority to make exceptions to or waive portions of the regulations, if such action will be in the public interest and will promote the purpose of the legislation establishing the Disability Support Services Program.

A. Area specifications Section 42A-3, titled "Share-A-Ride Outreach Areas," allows Share-A-Ride Outreach Areas to be established by the County Executive at locations where concentrations of employment provide opportunities for a significant number of new ridesharing arrangements. Each Outreach Area shall be an employment center that has a minimum of 200,000 gross square feet of existing office spaces within a one-quarter square mile area. B. Definitions RIDESHARING: commuting in a motor vehicle as a group of two or more individuals. Ridesharing arrangements include carpooling, vanpooling, and use of transit. C. Findings The following areas meet the above requirements and are hereby established by the County Executive as Outreach Areas of the Share-A-Ride program. The boundaries of the Medical Centers Outreach Areas are as follows: Beginning on the east line of Wisconsin Avenue where it intersects with the south line of Cedar Lane; then eastward along the south line of Cedar Lane to its intersection with the National Medical Center boundary; then south along this boundary to its intersection with the Capital Beltway; then along the Capital Beltway to the easternmost boundary of the Naval Medical Command; then directly due south to the north line of Jones Bridge Road; then westward along the north line of Jones Bridge Road to its intersection with the east line of Wisconsin Avenue; then south on the east line of Wisconsin Avenue to a midpoint between South Chelsea Lane and Chestnut Street; then west along the southern boundary of the National Institutes of Health to Old Georgetown Road; then west along the southern boundary of Suburban Hospital; then north along the western boundary of Suburban Hospital; then east along the south line of Lincoln Street; then north along the west line of Old Georgetown Road to its intersection with the south line of Cedar Lane; then east along the south line of Cedar Lane to its intersection with the west line of Wisconsin Avenue; to the point of beginning. These rules are to be interpreted broadly to accomplish their purpose. (BETHESDA SHARE-A-RIDE MEDICAL CENTER OUTREACH AREA FOLLOWS) [Click here to view image.]

Under the authority of Chapter 42A, titled "Ridesharing and Transportation Management," of the Montgomery County Code 1984, as amended, the county executive is establishing a regulation for the expansion of a previously created share-a-ride district (Executive Regulation 8-91 titled "Creation of a North Bethesda Share-A-Ride District," effective July 18, 1991). The regulation facilitates parking reductions under Chapter 59, Article E of the Montgomery County Code for those owners of office or residential developments who meet the qualifications established in Chapter 42A and enter into a written agreement with the County. Section 42A-2, titled "Share-a-ride districts," allows share-a-ride districts to be established by the county executive at locations where large concentrations of employment provide opportunities for a large number of new ridesharing arrangements. Each district is to be an employment center that has a minimum of two million gross square feet of existing office space within a one-half mile area. All land in the general vicinity of the above area that is zoned or recommended in the appropriate master plan for commercial or industrial use is to be included in the district. The expanded North Bethesda area meets the requirements for a share-a-ride district and is hereby established as such by the county executive. The boundaries are detailed below. The boundaries of the North Bethesda Share-A-Ride District are as follows: Beginning at a point on the west line of Jefferson Street at its intersection with the north line of Montrose Road and running north along the west line of Jefferson Street to the Rockville city limits (south of Rollins Avenue) (following boundary of Traffic Zone #134) ; then east along the Rockville city limits to Rockville Pike (following boundary of Traffic Zone #134); then continuing east on the other side of Rockville Pike along the Rockville city limits to the CSX railroad tracks (following boundary of Traffic Zone #134); then north along the tracks to the Rockville city limits (following boundary of Traffic Zone #122); then northeast along the Rockville city limits to the north line of Twinbrook Parkway (following boundary of Traffic Zone #122); then north along the Rockville City limits to the west line of Viers Mill Road (following boundary of Traffic Zone #121); then southeast along the west line of Viers Mill Road to Rock Creek (following boundary of Traffic Zone #121); then southeast along Rock Creek to the north line of the Rockville Facility right-of-way (following boundary of Traffic Zone #121); then continuing in a westward line to the east line of Parklawn Drive (following boundary of Traffic Zone #121); then south along the east line of Parklawn Drive to the north line of Randolph Road; then east along the north line of Randolph Road to the east line of Putnam Road; then south along the east line of Putnam Road until its end; then south to Parklawn Terrace; then west along Parklawn Terrace to the east line of Parklawn Drive; then southeast along Parklawn Drive to the east line of Boiling Brook Parkway; then southeast along the line of Boiling Brook Parkway to the east line of Schuykill Road; then taking a line directly south to the northern boundary of the Garrett Park city limits; then northwest along the northern boundary of the Garrett Park city limits to its end at the western boundary of the Garrett Park city limits (following boundary of Traffic Zone #123); then taking a line directly to the west line of Orleans Way; then southward along the west line of Orleans Way to the north line of White Flint Drive; then westward along the north line of White Flint Drive to its end continuing until intersecting the east line of Rockville Pike; then southward along the west line of Rockville Pike to the south line of Strathmore Avenue (following boundary of Traffic Zone #125); then east along the south line of Strathmore Avenue to the western boundary of the Garrett Park city limits; then south along the western boundary of the Garrett Park city limits to the southern boundary of the Garrett Park city limits (following boundary of Traffic Zone #124); then eastward along the southern boundary of the Garrett Park city limits to Rock Creek (following boundary of Traffic Zone #126); then southwest along Rock Creek to the north line of Beach Drive (following boundary of Traffic Zone #126); then southwest along the north line of Beach Drive to the east line of Rockville Pike (following boundary of Traffic Zone #126); then southward along the east line of Rockville Pike to the south line of Interstate 270 at its intersection with the south line of Interstate 495 (following boundary of Traffic Zone #138); then running northwest along the south line of Interstate 270 to the east line of Old Georgetown Road (following boundaries of Traffic Zones #138 & 131); then southward along the east line of Old Georgetown Road to the south line of Democracy Boulevard (following boundary of Traffic Zone #130); then taking a line westward across Old Georgetown Road along the south line of Democracy Boulevard to the west line of Seven Locks Road (following boundaries of Traffic Zones #130 & 149); then north along the west line of Seven Locks Road to its intersection with Matterhorn Court (following boundary of Traffic Zone #149); then taking a line to the northeast to the intersection of Cabin John Creek and the south line of Tuckerman Lane (following boundary of Traffic Zone #149); then taking a line eastward along the south line of Tuckerman Lane to the east line of Interstate 270 (following boundary of Traffic Zone #149); then running southeast along the east line of Interstate 270 to the south line of Interstate 270 (following boundary of Traffic Zone #149); then southeast along the south line of Interstate 270 to the west line of Old Georgetown Road (following boundary of Traffic Zone #130); then north along the west line of Old Georgetown Road to the south boundary of the Washington Science Center (following boundaries of Traffic Zones #131 & 136); then west along the south boundary of the Washington Science Center (following boundary of Traffic Zone 133); then north along the west boundary of the Washington Science Center (following boundary of Traffic Zone #133); then east along the north line of Montrose Road to the point of beginning, which is the west line of Jefferson Street (following boundary of Traffic Zone 133). There shall also be included in the foregoing described area any lot partially within and partially without such area zoned for commercial use. These rules are to be interpreted broadly to accomplish their purpose. [Click here to view image.]

Under the authority of Chapter 42A, titled “Ridesharing and Transportation Management,” of Montgomery County Code, 1984, as amended, the County Executive is establishing a regulation for the creation of a Share-A-Ride District. The regulation facilitates parking reductions under Chapter 59, Article E of the Montgomery County Code for those owners of office developments who meet the qualifications established in Chapter 42A and enter into a written agreement with the County. A. Section 42A-2, titled “Share-A-Ride Districts,” allows Share-A-Ride Districts to be established by the County Executive at locations where concentrations of employment provide opportunities for a large number of new ridesharing arrangements. Each district is to be an employment center that has a minimum of two million gross square feet of existing office space within a one-half square mile area. All land in the general vicinity of the above area that is zoned or recommended in the appropriate master plan for commercial or industrial use is to be included in the district. B. All commercial and industrial developments within the boundaries of the Friendship Heights Share-A-Ride District are subject to applicable fees, actions, etc. which apply within that district. The Friendship Heights Transportation Management District area meets the requirements for a Share-A-Ride District and is hereby established as such by the County Executive. The boundaries of the Friendship Heights Share-A-Ride District are the same as those of the TMD, and are as follows: BEGINNING at a point on the common boundary line with the District of Columbia, and Montgomery County, Maryland said line being the northwesterly side of Western Avenue, said point being the southerly most comer of Parcel A, as shown on a plat of subdivision entitled “PARCELS ‘A’ & ‘B’, GOVERNMENT EMPLOYEES INSURANCE CO. SUBDIVISION”, recorded among the Land Records of Montgomery County, Maryland in Plat Book 60 at Plat No. 5074, a. Thence with the westerly outline of said plat of subdivision recorded in Plat Book 60 at Plat No. 5074 to a point at the southeasterly most corner of Parcel 2, as shown on a plat of subdivision entitled “PLAT OF RESERVATION BROOKDALE NEIGHBORHOOD PARK,” recorded among said Land Records in Plat Book 107 at Plat No. 12451, b. Thence with the westerly outline of said plat of subdivision recorded in Plat Book 107 at Plat No. 12451, inclusive of that portion of Dalton Road dedicated to public use by said plat of subdivision recorded in Plat Book 60 at Plat No. 5074 to a point at the southwesterly most comer of Lot 1, Block 4, as shown on a plat of subdivision entitled “ORCHADALE SUBDIVISION,” recorded among said Land Records in Plat Book 27 at Plat No. 1698, c. Thence with the westerly outline of said Lot 1, Block 4, to a point on said the westerly outline of said plat of subdivision recorded in Plat Book 60 at Plat No. 5074, d. Thence continuing with said the westerly outline of said plat of subdivision recorded in Plat Book 60 at Plat No. 5074 to a point said line being the same as the northeasterly out line of said plat of subdivision recorded in Plat Book 27 at Plat No. 1698, further said line being the South 67° 35' East line as shown on a plat of subdivision entitled “PLAT OF ROAD AT FRIENDSHIP HEIGHTS,” recorded among said Land Records in Plat Book 2 at Plat No. 119, e. Thence with said South 67° 35' East line and with said northeasterly plat outline, to a point on the northerly right of way line of Willard Avenue, said line being the southeasterly line of Tax Parcel P359, f. Thence with said the northerly night of way line of Willard Avenue, said line being the southeasterly line of Tax Parcel P359, to a point at the southwesterly most comer of Lot 12, Block B, as shown on a plat of subdivision entitled, “LOT 12, BLOCK B, FRIENDSHIP HEIGHTS,” recorded among said Land Records in Plat Book 77 at Plat No. 7779, g. Thence with the westerly and northerly outline of said Lot 12, Block B, to a point at the northwesterly most comer of Saratoga Avenue, as shown on a plat of subdivision entitled, “LESTER B. COOK’S SUBDIVISION, FRIENDSHIP HEIGHTS,” recorded among said Land Records in Plat Book 9 at Plat No. 664, h. Thence with the northerly outline of said plat of subdivision recorded in Plat Book 6 at Plat No. 664, to a point at the northwest comer of a plat of subdivision entitled “LOT 2, BLOCK C, LESTER G. COOK’S SUBDIVISION, FRIENDSHIP HEIGHTS,” recorded among said Land Records in Plat Book 41 at Plat No. 2979, i. Thence with the northerly outline of said plat of subdivision recorded in Plat Book 41 at Plat No. 2979, to a point at the northwest comer of a plat of subdivision entitled, “LOT 2, BLOCK 8, FRIENDSHIP HEIGHTS,” recorded among said Land Records in Plat Book 92 at Plat No. 10053, j. Thence with the northerly outline of said plat of subdivision recorded in Plat Book 92 at Plat No. 10053, to a point at the southwesterly most corner of Parcel A, Block 9, as shown a plat of subdivision entitled, “PARCEL A, BLOCK 9, SOMERSET HEIGHTS,” recorded among said Land Records in Plat Book 78 at Plat No. 7813, k. Thence with the westerly and northerly outlines of said Parcel A, Block 9 to a point on the westerly right of way line of Wisconsin Avenue, Maryland Route 355, 1. Thence crossing said Wisconsin Avenue, Maryland Route 355 to a point on the northeasterly comer of the intersection of said Wisconsin Avenue and Oliver Street, m. Thence with the northerly right of way line of Oliver Street, as shown on a plat of subdivision entitled, “SECTION IA, CHEVY CHASE,” recorded among said Land Records in Plat Book 4 at Plat No. 349 to point of intersection of said northerly right of way line of Oliver Street and the northerly extension of the westerly night of way line of Belmont Avenue, as shown on said plat of subdivision recorded in Plat Book 4 at Plat No. 349, n. Thence with said westerly right of way line of Belmont Avenue to a point at the northerly most comer of Parcel B, Section 1-A, as shown on a plat of subdivision entitled “PARCEL ‘B,’ SECTION 1-A, CHEVY CHASE,” recorded among said Land Records in Plat Book 44 at Plat No. 3319, o. Thence with the northerly outline of said Parcel B, Section 1-A, said line also being the westerly and southerly right of way line of Grove Street, to a point at the northerly end of the common line of Lots 18 and 19, Block 5, as shown on said plat of subdivision recorded in Plat Book 4 at Plat No. 349, p. Thence continuing with the southerly right of way line of Grove Street, to a point at the northerly end of the common line of Lots 19 and 20, Block 5, as shown on said plat of subdivision recorded in Plat Book 4 at Plat No. 349, q. Thence with said common line of Lots 19 and 20, Block 5, said line being extend in a southerly direction as the common line of Lots 8 and 9, Block 5, as shown on said plat of subdivision recorded in Plat Book 4 at Plat No. 349 to a point on common boundary line with the District of Columbia, and Montgomery County, Maryland said line being the northwesterly side of Western Avenue, r. Thence with said common boundary line with the District of Columbia, and Montgomery County, Maryland said line being the northwesterly side of Western Avenue, to the place of beginning. There shall also be included in the foregoing described area any lot partially within and partially without such area zoned for commercial or industrial use.

The Greater Shady Grove Transportation Management District Advisory Committee (“GSGTMD AC”) will advise County government and/or a designated contractor on all aspects of programs, management, and finances relating to the implementation of transportation demand management in the Greater Shady Grove TMD and vicinity. Specifically, the GSGTMD AC may: a. propose guidelines for employer traffic mitigation plans and developer Traffic Mitigation Agreements (TMAgs); b. monitor the implementation of employer traffic mitigation plans and developer TMAgs; c. evaluate progress in attaining the commuting goals specified in the Subdivision Staging Policy, and in the Great Seneca Science Corridor Master Plan and Shady Grove Sector Plan areas; d. recommend government, private or joint actions necessary to facilitate attainment of the commuting goals specified in the Subdivision Staging Policy, and in the Great Seneca Science Corridor Master Plan and Shady Grove Sector Plan areas; e. advise the Director, Department of Transportation (“DOT”) on transit, pooling, bicycling, bikesharing, pedestrian, parking and related policies and programs; f. review traffic patterns and control measures in the TMD and vicinity, including any relevant issues relating to neighborhood or commercial parking, and bicycle and pedestrian mobility and safety. The GSGTMD AC shall be comprised of 14 voting members and certain non-voting and ex officio representatives. Voting Members The voting members will represent a cross section of employer, developer and residential stakeholders in the unincorporated Montgomery County portion of the TMD: a. Four members must be representatives of private sector employers within the GSGTMD, with two representing employers of 50 employees or more in the TMD, and two representing employers of fewer than 50 employees; b. Two members must be representatives of major public sector employers in the TMD, with one from the Universities at Shady Grove and one from National Cancer Institute (NCI) Shady Grove; or other public sector employers of more than 50 employees; c. Four members must be representatives of residential neighborhoods located within the TMD in the unincorporated areas of the County; d. Three members must be representative of development interests within the TMD, selected from among developers active in the area; e. One member must be a representative of the Gaithersburg-Germantown Chamber of Commerce. GSGTMD AC voting members may not serve concurrently on the Great Seneca Science Corridor Master Plan Implementation Advisory Committee or any committee appointed by the County Executive. Non-Voting Members Residential representatives of properties or neighborhoods located within the TMD that are also within the municipalities of Rockville and Gaithersburg. Ex Officio Members a. Montgomery County Department of Transportation Director or designee; b. Montgomery-National Capital Park and Planning Commission designee; c. Montgomery County Chief of Police or designee; d. Upcounty Regional Services Center Director or designee; e. City of Rockville designee - Community Planning and Development Services or similar agency representative; f. City of Gaithersburg designee - Planning Director or similar agency representative. Advisory Committee members shall serve one three-year term, and may serve an additional three years contingent upon approval of the member’s representative organization. Member terms are limited to two consecutive three-year terms. Members may re-apply for a position on the GSGTMD AC after a one-year break in service.

Section 42A-29(a) of the Montgomery County Code, 1994 as amended. Each applicant who files an application, after January 1, 1994, under the Alternative Review Procedure for Metro Station Policy Areas adopted in the FY 1994 Annual Growth Policy, for subdivision or optional method development approval in the North Bethesda Transportation Management District and each successor in interest of that applicant; and all other applicants who file after the date of the Council Resolution establishing the North Bethesda Transportation Management District an application for subdivision or optional method development in the North Bethesda Transportation Management District, and each successor in interest. Gross Floor Area: Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of a party wall. The rates established for the annual transportation management fees in the North Bethesda Transportation Management District are as follows: A. New Non-residential Development The transportation management fee charged is $0.10 per square foot of gross floor area on an annual basis. B. New Residential Development The transportation management fee charged is $60 per unit of multi-unit residential development on an annual basis. No fee need he paid on the following units: (a) any Moderately Priced Dwelling Unit built under Chapter 25A of the County Code; (b) any Productivity Housing Unit, as defined in Section 25B-17(m) of the County Code; (c) any other dwelling unit built under a government regulation or binding agreement that limits for at least 15 years the price or rent charged for the unit in order to make the unit affordable to households earning less than 50 percent of the area median income, adjusted for family size. The transportation management fee is due annually on the following September 30 after the Department of Environmental Protection releases a use and occupancy permit for all or any part of an applicable development. The owner is invoiced at the beginning of each fiscal year (July 1) for the fee due from the previous fiscal year. The Department of Transportation (DOT) will provide the data and other appropriate information to the Department of Finance in order to facilitate calculation of the fee amount. The annual fee is collected each year by the Department of Finance. Payment of any dues paid to the transportation management association authorized by the County to operate the North Bethesda Transportation Management District is credited against the transportation management fee due. To receive credit, a copy of the receipt of dues paid during the applicable year to the transportation management association must be provided at time of payment of the transportation management fee. This regulation is effective February 6, 1996. Executive Regulation 25-95 Amended shall expire on January 1, 2000. Prior to its expiration, this regulation shall be reviewed to allow for an evaluation of the applicability, amount, payment duration, and other factors associated with the Transportation Management Fee. Upon completion of this evaluation, a new Executive Regulation will be promulgated setting forth the amount and any other conditions for charging the fee.

The purpose of this regulation is to make available to the community the use of schools and other public facilities designated by the Chief Administrative Officer. (A) Activity means the use a User engages in within a Facility. (B) Agreement means a completed and fully executed Facility Use License Agreement. (C) Applicant means any person who files a completed Facility Use Application with the Office of Community Use of Public Facilities. (D) Application means a Facility Use Application, and any other forms designated by CUPF, that an Applicant must complete in order to apply for community use of a Facility. (E) County Code means the Montgomery County Code (1994), as amended. (F) CUPF or Office means the Montgomery County Office of Community Use of Public Facilities established under County Code § 2-64M. (G) Director means the Director of the Office of Community Use of Public Facilities. (H) Facility means the school, County building, or outdoor area used by a User under an Agreement. (I) ICB or Board means the Interagency Coordinating Board for Community Use of Public Facilities established under County Code § 44-3. (J) Person means an individual or a legal entity. (K) User means an Applicant who has received permission from the Montgomery County Office of Community Use of Public Facilities (CUPF) to use a Facility for community use, as evidenced by an Agreement. Any person wishing to use a Facility for an Activity must submit a completed Application to CUPF. (A) Every Agreement between the County and a User must require the User to: (1) certify the accuracy of information provided to CUPF; (2) acknowledge that State law requires all Activities to be open to the public; (3) comply with all applicable laws and CUPF guidelines; (4) pay any applicable fee as established in the fee schedule; (5) restore the Facility to its prior condition at the conclusion of the Activity; (6) promptly notify the County (and the Board of Education in the case of a school Facility) of any accidents upon, or damage to, the Facility; (7) accept responsibility for accidents or damage and indemnity the County and the Board of Education; and (8) maintain certain minimum insurance requirements sufficient to meet its obligations. (B) The Agreement may contain other provisions necessary or convenient to fulfill ICB’s or CUPF’s purposes as set out in State law, the County Code, and this regulation. CUPF may establish a priority of use schedule consistent with state law.

This Executive Regulation is authorized under Resolution 19-13 adopted by the Montgomery County Board of Education on January 8, 2013, and Sections 44-1(f) and 44-3(a)(5) of the Montgomery County Code. This Executive Regulation is intended to implement Montgomery County Board of Education Resolution 19-13 and Chapter 44 of the Montgomery County Code. The Montgomery County Board of Education delegated authority to the ICB to schedule the before and after school childcare programs in Montgomery County Public School facilities. (a) Childcare Service Provider - an entity licensed by the Maryland State Department of Education (MSDE) under Title 13A, State Board of Education, Subtitle 16, Child Care Centers, Code of Maryland Regulations (COMAR). (b) Community Use of Public Facilities (CUPF) - the office responsible for implementing Interagency Coordinating Board and County policies under Chapter 44 of the Montgomery County Code. (c) Facility Use License Agreement (FULA) - means the CUPF licensing agreement signed by a community group or individual that states the terms and conditions governing the use of public space. (d) Interagency Coordination Board (ICB) - the Board established under Section 44-3 of the County Code. (e) Montgomery County Public Schools (MCPS) - the Board of Education for Montgomery County, Maryland. (f) Selected Childcare Service Provider - the provider selected by the school selection committee to provide custodial before and after school childcare services in a MCPS facility in designated licensable spaces and afforded special placement considerations. Pursuant to Code Section 44-4 of Montgomery County and Montgomery County Board of Education Resolution 19-13, the Community Use of Public Facilities (CUPF) must administer this Regulation pertaining to the before and after school childcare selection and scheduling processes under the direction of the Interagency Coordinating Board (ICB). (a) CUPF must establish a schedule that designates when each facility that MCPS designates for use by a Childcare Service Provider will be subject to a competitive selection process under this Regulation. The schedule will require that each designated facility be subject to the selection process at least once every seven (7) years. The exception to this cycle would be a delay beyond a 7 year cycle for the purpose of coordinating bid cycles with the Department of Health and Human Services to jointly issue a request for applications for before and after school and early childhood services. A joint request for applications does not preclude a school’s selection of two different providers. The schedule must be updated annually. CUPF will coordinate with DHHS and MCPS to administer the selection process. CUPF may include a facility in the competitive selection process, if there is no current Childcare Service Provider at the facility, or the current Childcare Service at the facility: (1) is no longer able to provide the service in a manner acceptable to MCPS, as determined by MCPS; (2) has not complied with the provisions of the FULA; (3) is no longer licensed as a Childcare Service Provider by the Maryland State Department of Education (MSDE); or (4) plans to discontinue providing services. (b) Based on the schedule created by CUPF under subsection (a), CUPF must notify each school Principal and current Childcare Service Provider, if any, that the school facility’s childcare program will be subject to the competitive selection process set out in this Regulation a minimum of 45 days in advance of posting a request for applications. (c) The Principal of the school must then make a public announcement reasonably calculated to give staff, parents and the school community notice that the competitive selection process for a Childcare Service Provider has begun. Each incumbent Childcare Service Provider must notify the parents of children using their services at that facility that the competitive selection process to select a Childcare Service Provider has begun. (1) The Principal, Vice Principal or other MCPS Administrative Official must provide an opportunity for parents of the school to provide feedback regarding satisfaction with current childcare service providers, program features or services they would like to see, or similar information they would like to be considered for inclusion in the evaluation criteria addressing the provider’s ability to address individual site needs. (2) The Principal, Vice Principal or other MCPS Administrative Official must distribute any feedback obtained from the school community within six months prior to the bid announcement for consideration by the selection committee. (d) The Principal, Vice Principal or other MCPS Administrative Official must form a selection committee after receiving the notification under subsection (b). The childcare selection committee must evaluate the applications, conduct interviews, and select the next Childcare Service Provider for the facility. The childcare selection committee may be comprised of any combination of staff, parents or other responsible individuals chosen by the school Principal. The committee must include a parent whose child(ren) use child care services, if possible, but the Principal holds the discretion to determine the number of parents to be included and the cross section of parents who use or do not use the incumbent services to be included. The committee should have a minimum of 5 members to review the applications and conduct interviews. The maximum number of committee members should be nine (9). Prior to reviewing an application, each committee member must affirm in writing that he or she will exercise fair and impartial judgment in evaluating each applicant seeking to become a Childcare Service Provider. Committee members must also disclose any conflict of interest or prior/current relationship with any of the applicants. Committee members who fail to disclose a conflict of interest must be dismissed from the committee. CUPF will determine how a disclosed conflict of interest will be handled before the selection committee begins its work. (e) The selection committee members will be required to participate in an orientation about the selection process after being selected to participate as a member of the selection committee. CUPF will assist the Principal in conducting the orientation that will include information about the selection process, timeline for the selection, responsibility of committee members, conflicts of interest and elements related to quality child care. (f) CUPF will be involved in all selection committee meetings. CUPF will provide administrative support to the selection committee for the Principal and MCPS Staff. CUPF will assist the Principal in determining whether conflicts of interest disclosed by selection committee members require disqualification. CUPF will develop a conflict of interest policy that will be applied consistently across all MCPS schools during the child care selection process. (g) The Principal, or designee, of each facility subject to the competitive childcare selection process shall give to CUPF, 30 days prior to advertisement of the bid, any site-specific program requirements to be met by the Childcare Service Provider. The selection committee must consider the following criteria: (1) Non-Profit status of the applicant; (2) The applicant’s organizational experience; (3) The demonstrated ability of the applicant’s proposed staff to deliver quality services; (4) The applicant’s proposed program and services; (5) The applicant’s proposed fees and policies; (6) Opportunities for parent involvement and approach to conflict mediation; (7) References from parents of children who use the services of the Childcare Service Provider; (8) Any feedback obtained from the school community within the six month period prior to the bid announcement for consideration by the selection committee; and (9) Any other criteria, relevant to that school facility, which has been approved by the Superintendent or designee. (h) Once the Principal provides to CUPF the information identified in subsection (e), CUPF must notify the public, by any reasonable means, that it seeks applications for qualified, licensed entities to provide before and after childcare in the identified school facility. CUPF must include the evaluation criteria identified in subsection (e) and insurance requirements that CUPF requires the Childcare Service Provider to maintain. (1) At the time of notification of intent to advertise a bid, CUPF will send a current account status report to all childcare service providers operating before and after school sites for the prior month. (2) CUPF will notify the public that it seeks applications for qualified, licensed entities to provide before and after school childcare in the identified school facilities. The advertisement will include at least one newspaper of general circulation in the County. CUPF will also post the notice on its webpage. (3) The notification period requesting applications from interested Before and After School Childcare service providers will be a minimum of 30 days, but not more than 45 days. (i) The structured application will be used for all sites selected for a rebid. The application will include, but not be limited to, questions addressing: (1) Applicant information: legal name, contact information of the authorized representative; (2) Tax Status: Non-Profit vs. For Profit and where applicable if female, minority or disabled-owned; (3) Description of organizational experience and capability to deliver services; (4) Description of program and services; (5) Budget, Fee policy and schedule; (6) Financial Responsibility (ownership, plan for financing program, etc); (7) Opportunities for parent involvement and approach to conflict mediation; (8) Staffing Plan; (9) Maryland Excels status; (10) Contact information for a minimum of three current references. (i) Other components of the application will include: (1) A statement that the representative submitting the application has the authority to make obligations on behalf of the organization and that the information included is true and correct; (2) Statements demonstrating agreement to: (a) Accommodate unannounced site visits by selection committees; (b) Acknowledge disqualification from further consideration if the selection committee reports inappropriate efforts to influence the outcome of the Committee’s decision; (c) Accept State and local childcare subsidy vouchers; (d) Enroll in Maryland Excels; (e) Participate in transition plan, if required; (f) Identify which answers contain proprietary information and not public information; (g) Maintain insurance and MSDE compliance if selected. (ii) At the discretion of the childcare service Provider at the time of submission the applicant may include for distribution to the committee the following: (1) Reference letters; (2) Parent handbook; (3) Link to website. (j) CUPF must forward to the Principal applications received. An application must not be forwarded to the Principal if it is received after the closing of the submission deadline or if applicant has an overdue account balance with CUPF greater than $500 for more than 60 days at the time of the submission closing date. (k) The childcare selection committee must meet to evaluate the childcare applications based on criteria published in the solicitation. (l) The childcare selection committee must come to a decision as to which Childcare Service Providers will be interviewed after each member has reviewed and rated each application. The Childcare Service Providers with the highest ratings will receive an interview. A minimum of three Childcare Service Providers must be interviewed, unless fewer applications are received or fewer applications are not deemed responsive by the committee. If fewer than five applications are received, all responsive applicants must be interviewed. In accordance with Section 7-109 (a) of the Maryland Education Code, the selection committee must give a non-profit entity five (5) additional points to the application of a non-profit entity. In the case of a tie in the award of points between a non-profit and a for-profit entity, the selection committee must select the non-profit entity. (m) The childcare selection committee must schedule each applicant interview. The selection committee must develop the interview questions. The selection committee must ask each applicant the same questions and give each applicant the same opportunity to answer. The selection committee must give the applicant a minimum of seven (7) business days’ notice of the interview date, time and location. (n) Using the criteria published in the solicitation, the child care selection committee must come to a majority decision based on the combined scores of the application review and interview to select the Childcare Service Provider. (1) Each application will be scored based on the advertised scale for each application reviewed. Ratings must be awarded in whole numbers. The Selection Committee must use the following criteria: (a) Description of organizational experience and capability to deliver services; (b) Description of program and services; (c) Budget, fee policy and schedule; (d) Financial responsibility (ownership, plan for financing program, proposed budget and current Financial Statement); (e) Opportunities for parent involvement and approach to conflict mediation; (f) Staffing plan; (g) Tax Status (non-profit vs. for-profit); (h) Objective criteria representing evidence of the provision of quality childcare: (i) Maryland Excels status; (ii) State Accreditation for Before and After Childcare; (i) Any other criteria advertised. (2) Optional - Members of the committee may visit sites operated by the applicant Providers. If the committee elects to make site visits, visits must be made to a site operated by all the applicant Providers during the application evaluation step or to sites operated by the Providers selected to proceed to the interview step. As a courtesy, the Principal(s) at the selected site(s) should be notified of the visit in advance. (3) The combined total scores of all the raters will be used. (o) Interview selection process shall consist of: (1) A minimum of the top three highest rated applicants based on the aggregated scores on the application step will be selected for an interview. In the event of a tie among the third highest score, both applicants should be interviewed; (2) The combined scores on the application review scores determine which applicant will be interviewed unless an incumbent who has submitted full application for re-bid consideration is not among the three (3) highest application scores. Then the Committee may interview the incumbent along with the three (3) highest scoring applicants, so long as the incumbent has no administrative, criminal or other legal issues pending and is otherwise eligible to provide services. (3) The childcare selection committee must schedule each applicant interview and give the applicant a minimum of seven business days’ notice of the interview date, time and location; (4) The selection committee must ask each applicant the same questions, in the same order and give each applicant the same opportunity to answer; (5) Each committee member will individually rate the interview; (6) Individual ratings will be anonymous and scores will only be reported in the aggregate; (7) Scores from each of the raters on both the application review and interview steps will be added. The Provider with the highest aggregate score will be selected; (8) In the event of a scoring tie, between a for-profit and non-profit childcare service provider, the non-profit must be selected; (9) In the event of a tie between two childcare service providers with the same tax status, a consensus decision, facilitated by the Principal is required. A stalemate may be resolved by majority vote. (p) If only one Childcare Service Provider applies, the application must be reviewed by the childcare selection committee to determine if all of the requirements and qualifications are met. If so, the selection committee may select that Childcare Service Provider. (q) A CUPF representative will be present to provide administrative support to the committee at the request of the Principal, but will not participate in the selection of any applicant. (r) The decision of the childcare selection committee is final. (s) The Principal must notify CUPF of the name of the Childcare Service Provider chosen by the selection committee, and forward to CUPF all documents used by the childcare selection committee. CUPF must post the name of the Childcare Service Provider on CUPF’s web page. The posting should remain on CUPF’s web page for 30 days. (t) At the conclusion of the rating process, a summary of the scores will be prepared. The summary form will list for each applicant the combined scores of the raters on each application and interview (as applies), and scoring range and any additional comments recorded by the selection committee. (1) Where a range of scores significantly deviates more than 25 points above or below the average, a notation should be made on the form by the Principal indicating that these deviations were discussed by the group and supported by the rater. (2) Raters cannot be forced to change their scores. (3) Applicants may review the summary sheet at the conclusion of the process. (u) If not selected, the current childcare service provider must notify the impacted parents and staff immediately upon being notified of the selection committee’s decision. (1) The current provider must provide 30 days notice to CUPF if they plan to leave before the last day of the school year. The new provider will be offered the opportunity to begin services immediately and placement procedures will be expedited where feasible. (2) The Principal will notify the school community via a notification in a visible site and through other available resources such as a school newsletter that a new provider has been selected. This notice should include: (i) Name and contact information of the selected childcare service provider and the date as to when the change becomes effective; (ii) The Principal should also: (a) Allow MSDE access to the school for inspection and licensing of the space for the new childcare service provider; and (b) Allow new provider to advertise their program. (v) CUPF must retain the records transmitted by the Principal under section (o) for three (3) years. (a) Once the selection committee has selected a Childcare Service Provider, the Principal must designate space for the operation of the before and after school childcare program that satisfies the requirements of the Maryland State Board of Education’s Child Care Licensing Division. (b) The Childcare Service Provider must sign a FULA that is conditioned on the Childcare Service Provider: (1) maintaining insurance as set out in the solicitation under subsection 5(f); (2) maintaining a current MSDE License; (3) adhering to all applicable CUPF and MCPS policies, guidelines and procedures, including the authority of MCPS to change, after reasonable notice, the space in the school facility made available to the Childcare Service Provider; and (4) maintaining the space in a manner required by MSDE.* (1) The selected childcare service provider must abide by MCPS closure procedures and CUPF guidelines during inclement weather days. The selected childcare service provider may also operate during MCPS professional staff days, winter and spring school breaks, administrative holidays, and student half-days. (2) Enrollment in the before and after school childcare program is only open for students of the school. Enrollment for students from another school requires approval from the Principal. (c) CUPF may then issue a Permit to the selected Childcare Service Provider. The Permit issued by CUPF to a Childcare Service Provider must be for the duration of the school year. (a) An applicant may seek review of CUPF’s compliance with its responsibilities under this Regulation by: (1) Submitting a written request for review within five (5) business days after a selection decision is posted by CUPF. (2) The written request for review must include: (i) An identification of the solicitation, including the location of the school where the applicant sought to perform childcare services; (ii) The applicant’s name, address, telephone number, and electronic mail address; (iii) A statement supporting the applicant’s complaint that CUPF did not comply with this Regulation; (iv) Description of all grounds for the request for review, including: (1) A submission of detailed facts and all relevant documents; (2) A citation to relevant language in the solicitation, regulations, or law relied upon; and (3) All other matters that the applicant contends supports the request for review. (v) Factual allegations regarding information not appearing on the face of the solicitation or application must be supported by an affidavit based on personal knowledge. (b) Upon receipt of a request for review, CUPF must notify MCPS and other known applicants who may be affected by the review. This may occur by posting the notice on the website where the notice of selection was posted. Other affected applicants may submit written comments or documents regarding the request for review within five (5) business days after the notice is issued by CUPF. (c) Review and hearing: (1) After the applicant files a request for review, CUPF may submit to the ICB, or the designated Hearing Officer, a response to the request. The response must include all documents in support of it. (2) The ICB may consider the request as the entire Board or may designate a subgroup of the ICB to review the matter. (3) The ICB (or a subcommittee formed by the ICB) may hold a conference with all interested parties if the ICB believes a conference would contribute to a resolution of the matter. (4) The burden of production of all relevant evidence, data and documents and the burden of persuasion to support the complaint remains with the applicant who files the request for review. (5) The ICB may refer the matter to a hearing officer to accept evidence and testimony and make a recommendation to the ICB. If a hearing officer is designated by the ICB, the hearing officer must conduct the hearing and make proposed findings and a recommendation to the ICB. (6) After the hearing (if any) and based on the record, the ICB may accept, reject, or modify the hearing officer’s proposed findings of fact and recommendation. (7) After considering the request for review based on the record received, or after a hearing, the ICB must make a determination and finding regarding the request for review. (8) The decision of the ICB is final and no further right to administrative appeal is available. (9) The final decision of the ICB must be mailed to the applicant seeking review and any other applicants who have participated in the review and hearing and posted on the website where the notice of selection was posted. (d) Remedies: (1) If CUPF has not awarded a license to an applicant under the solicitation, the ICB may: (i) Require CUPF and MCPS to cancel the solicitation; or (ii) Require CUPF and MCPS to issue a new solicitation that follows the process in this Regulation. (2) If CUPF has awarded a license to an applicant under the solicitation by the time of the decision of the ICB, the ICB may award the protesting applicant the actual cost of preparing its application. The protesting applicant is not entitled to any other damages. (a) Complaints made in writing that are related to the provision of child care services performed by child care Providers who are located in Montgomery County Public School facilities may be referred to the ICB for review by the appointed ICB subcommittee. (1) The ICB subcommittee will consist of members of the ICB who are appointed to serve on the subcommittee; as well as, a Child Care Professional from the Department of Health and Human Services. (2) The ICB subcommittee will make recommendations to the ICB about resolution of the complaints and the ICB may in turn make recommendations to the Principal. Where a significant number of parents complain about a specific Provider, the ICB may request that the Principal conduct a Parent Satisfaction Survey. (3) The Parent Satisfaction Survey may be administered by the Provider at the request of the Principal. The Provider must share the results with the Principal within 30 days of the survey being taken. The Principal may request a re-bid of the school for the next school year after review of the issues in the event that repeated conflict mediation efforts have not resolved the problem(s) and a majority of parents of enrolled children indicate a high level of dissatisfaction. The service agreement for delivery of before and after school childcare services is between the Childcare Service Provider and the parent or guardian. Neither Montgomery County nor Board of Education is responsible for the Childcare Service Provider’s adherence to the terms of the service agreement. Childcare Service Providers are directly responsible for compliance with MSDE regulations and other applicable local and state laws. Disputes between any parent or guardian and the Childcare Service Provider must be resolved in accordance with the service agreement and applicable State law. (a) Major safety or security issues, or possible violations of the MSDE license or other applicable laws, must be reported to the appropriate authorities (i.e. police, protective services, MSDE). Notice of such reports should be given to CUPF as the Program Administrator for the relevant school location. (b) Conflicts or issues regarding the terms of the shared space permit will be mediated by CUPF. Spaces which are licensed by MSDE are to be maintained at an acceptable level as required by the State. The school Principal will designate and maintain to an acceptable standard spaces which are licensed by MSDE. The school must provide adequate notification of not less than 10 business days to move childcare service Providers from the primary space to the alternate space(s) licensed by MSDE, except during emergency situations. This Regulation becomes effective 30 days after adoption by the County Council and approval by the Board of Education. This Regulation will sunset July 31, 2019.

Private Educational Institution $185.00 Camp $110.00 Duplicate License $ 10.00 Non-profit or parental cooperation $ 95.00 Filing an annual renewal application after the license expires $ 25.00 This regulation takes effect on August 1, 2001.

When used in these regulations: (a) Dealer means any person conducting the business of buying, obtaining, acquiring, receiving, or marketing secondhand personal property, including through the internet or another electronic method, and any person engaged as an auctioneer. (b) Chief means the Chief of the Department of Police. (c) Firearm means a device as defined in MD Code, Public Safety, §5-101(h), as amended. (d) Person means an individual, corporation, business trust, estate, trust, partnership association, two or more persons having a joint or common interest, or any other legal or commercial entity. (e) Personal property means radios and other audio equipment; televisions and other video equipment; photographic, optical, and computer equipment; typewriters, calculators and other electronic or electrical home or office appliances, machines or equipment, firearms; bicycles; jewelry; furs; leather goods; watches; paintings; fine or historic china; crystal, glass, or porcelain; object d’art; power tools; carpets and rugs; musical instruments; and any items serialized, marked for personal identification purposes, or engraved. (f) Secondhand personal property means previously owned personal property which is offered for sale or as collateral by any person other than the manufacturer, wholesale distributor, or original retail seller acting in the ordinary course of business. It does not include i. personal property purchased at a public sale; ii. jewelry; furs; leather goods; paintings; fine or historic china; crystal, glass, or porcelain; objects d’art; and carpets and rugs with a resale value of seventy-five dollars or less; or iii. items of personal property that do not include a firearm that are offered for sale only on residential property and are: A. owned by a resident of that property; or B. part of the estate of a deceased immediate past resident of that property; or C. items of personal property that have a resale value at or below seventy-five dollars. (g) Public sale means a sale open to the public and held in a location open and accessible to the public pursuant to public notice of the time and place of the sale. (a) A person must not act as a dealer unless the person possesses a dealer’s license issued by the Office of Consumer Protection. The license must be displayed to the public wherever the person conducts the business of a dealer. No individual may work as an officer, employee, or agent engaged in transactions involving Secondhand Personal Property for a person required to be licensed by this chapter unless the dealer possesses a valid and current dealer’s license. (b) Pursuant to Montgomery County Code, Chapter 44A, Section 44A-2 persons engaged in the business of buying, obtaining, acquiring, marketing or receiving secondhand personal property must possess a dealer’s license issued by the Office of Consumer Protection. Pursuant to the Montgomery County Code, Chapter 44A, Section 44A-8(b), the County Executive may establish an annual license fee in an amount not to exceed the estimated costs of administration and enforcement. (c) Each application for a license must be made on the forms required by the Office of Consumer Protection. (a) Dealers must record and report all transactions on forms issued by the Montgomery County Department of Police. These report forms must comply with Section 44A-3.* (b) Dealers may obtain a supply of the appropriate report forms from any Montgomery County Department of Police District Station or at Police Headquarters, 100 Edison Park Drive, Gaithersburg, Maryland. A fee for these forms may be charged in an amount not to exceed the estimated cost of materials and printing. (c) Completed transaction forms must be kept on site at the business for one year and open to inspection during this one year period. These reports must be complete, correct, legible and contain all information required in Section 44A- 3.* (d) Dealers shall also record and report all transactions on electronic forms through the electronic reporting system required by the Montgomery County Department of Police. (a) A dealer must permit any officer or authorized representative of the Montgomery County Department of Police, or other police departments having jurisdiction, to examine the books and records required by this chapter; to examine any personal property purchased, obtained, acquired, received or stored at the business location; and to require retention for an additional 30 days beyond the storage period specified in Chapter 44A-4, Section (b)* of any property known or believed by the police to be missing or stolen. (b) At the request of the licensed dealer, the police officer or authorized representative conducting the inspection must sign a log indicting his name, rank, date, duty assignment, and time of the inspection. A police officer obtaining items of secondhand personal property from the dealer must give the dealer a written receipt specifying the description of the item taken, the officer’s name, rank and duty assignment, as well as the date and time of receipt of the item(s). (a) Items may be stored at other locations in Montgomery County which have been approved by the Chief, Investigative Services Bureau, Montgomery County Department of Police, or his designee. (b) Auctioneers must not store items of secondhand personal property at locations within Montgomery County, other than their regular business location, without written permission from the Chief, Investigative Services Bureau. (c) Auctioneers must report acquisitions of all secondhand personal property as required in 44A.03.01.03 of this Executive Regulation, and also must list on the reporting form the location where these items are stored. (d) Auctioneers are not exempt from any other provisions of Chapter 44A* or of this Executive Regulation. (e) The requirements of 44A-4 subsections (a) and (b)* are not applicable to any secondhand personal property which has been inspected and received written clearance for earlier disposition by the Chief, Investigative Services Bureau or his designee. This request for clearance must be made in writing by the dealer to the Chief, Investigative Services Bureau, Montgomery County Department of Police, 100 Edison Park Road, Gaithersburg, Maryland 20878. A dealer must pay for the purchase of all secondhand personal property by check or in- store credit, unless the total amount paid does not exceed $10.00 for each transaction. If a dealer fails to comply with any section of Chapter 44A, Secondhand Personal Property,* or these Executive Regulations: (a) Montgomery County may obtain restitution from the dealer on behalf of an injured party. (b) The dealer must be subject to the penalties prescribed in Montgomery County Code, 1984, as amended, Section 44A-18. (c) After restitution has been ordered by any court having jurisdiction, the dealer has five days, excluding weekends and holidays, to satisfy this order. If not satisfied, the Office of Consumer Protection must afford the dealer an opportunity for a hearing to show cause why his/her license should not be revoked or suspended, in accordance with Section 44A-13.* (d) The hearing officer has the power to revoke, suspend, or refuse to renew the license of any dealer who fails to comply with an order for restitution from any court having jurisdiction. (a) Charitable organizations may apply for an exemption to the licensing, holding, recordkeeping, or reporting requirements of this chapter to the Montgomery County Office of Consumer Protection. (b) The applicant must provide all such records and assistance necessary for determining that the applicant is a bona fide charitable organization entitled to such an exemption. (c) Organizations which accept only donated goods are exempt from the licensing, recordkeeping, or reporting requirements of this chapter. These Regulations are subject to revisions as the need arises and as approved by the County Executive for Montgomery County, Maryland. The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect. This regulation becomes effective when the County Council receives a copy of the adopted regulation.

Pursuant to Montgomery County Code, Chapter 44A, Section 44A-2, persons engaged in the business of buying, obtaining, acquiring or receiving secondhand personal property must possess a dealer's license issued by the Office of Consumer Protection. The County Executive may establish an annual license fee in an amount not to exceed the estimated costs of administration and enforcement. 1.1 The annual license fee will be $50.00. The fee shall be paid at the time an application for a Secondhand Personal Property License is filed with the Office of Consumer Protection. Each license issued will expire July 30 of each year and is renewable upon application. Severability 2.1 The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

A. Authority. In accordance with the authority conferred under Chapter 45, Section 45-2, of the Montgomery County Code, 1994, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation for the purpose of establishing a fee schedule for services associated with processing requests for water and sewer service area category changes as set forth in Chapter 45 of the Code. B. Applicability. This regulation applies to all applicants seeking service area category map amendments and text amendments to the Montgomery County, Maryland, Comprehensive Water Supply and Sewerage Systems Plan. For purposes of this regulation, the following words and phrases will have the meaning respectively ascribed to them in this regulation unless the context indicates otherwise: Multi-Use Systems: Privately-owned, on-site water supply and sewerage systems which serve a single user from one or several structures, with a peak capacity of 1,500 or more gallons per day. These are usually, but not exclusively, ground water wells and septic systems. The multi-use system is owned and is usually operated by the property owner. Non-Profit Institutional Facility: A building owned by an organization which qualifies for a federal tax exemption under the provisions of Section 501 of Title 26 of the United States Code (Internal Revenue Service). Public Health Case: A category change application resulting from the failure or anticipated failure of an individual, on-site water or sewerage system, usually a ground water well or septic system. Senior Adult- or Elder-Care Facilities: A building or group of buildings providing a continuity of residential occupancy and health care for persons over the age of 62. Senior adult- or elder-care facilities include dwelling units for either independent or assisted living and related facilities for services to the residents such as meal preparation and service, day care, personal care, nursing, therapy, or any other service to the senior adult population that is an ancillary part of one of the above operations. Shared Systems: On-site water supply and sewerage systems which serve two or more separate users. Shared systems can be, but are not exclusively, ground water wells and septic systems. Located on property owned by one or more of the system users, the shared system is owned and operated by a State- and County-approved governmental or quasi-governmental agency. Water and Sewer Service Area Categories: Designations adopted in the County’s Water and Sewer Plan which establish a property’s eligibility for public or private water and sewer service. Each property within the county, including those within incorporated municipalities, has a water category and a sewer category designated in the Water and Sewer Plan. An applicant seeking a service area category change under the County’s Comprehensive Water and Sewer Plan must submit a written application to the Department of Environmental Protection in accordance with Section 45-2 of the Montgomery County Code. Each application submitted under this Section must be accompanied by a non-refundable fee based on the following schedule: DEP Category Change Application Fees A The charge per individual category change application. For example: Six individual property owners on the same block applying together for a category change would each have an application fee of $250. B These fees exclude residential units formally designated as “affordable housing.” For example: A residential subdivision project proposed for a total of 50 units, of which 15 are MPDUs, would be considered for the purpose of assessing the application fee as a 35-unit project, not 50 units. C Non-profit institutional facilities are classified by Water and Sewer Plan as “private institutional facilities” or “PIFs.” D Exclusive of any senior adult-or elder-care facilities which do not pay an application fee. E A mixed-use project fee is cumulative. For example: The application fee for a project with both 24 townhouse lots and commercial development on a 0.9-acre site would be - $5,000 + 2,000 = $7,000. F A surcharge fee is added to the fee for the specific application type. For example: The application fee for an institutional use on a 5.5-acre site, which proposes to use multi-use systems, would be - $10,000 + $500 = $10,500. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect when approved by the County Council.

This regulation establishes a licensing process for any individual engaged in an activity as a vendor as defined in § 47-1 of the Montgomery County Code 1994, as amended. This regulation also establishes specific requirements for vendors and uniform procedures for enforcement. This regulation applies to any individual who is a vendor as defined in Chapter 47 of the Montgomery County Code, or conducts a transitory use as defined in Chapter 59 of the Montgomery County Code. This regulation also governs the administration of the licenses and regulations of County employees. For purposes of this regulation, the following words and phrases, have the meaning indicated. Words and phrases defined and used in Chapters 47 and 59 of the Montgomery County Code have the meaning indicated in those chapters. All other words and phrases have their common, ordinary meaning as defined in Webster's New Collegiate Dictionary and the American Association of State Highway Transportation Officials Manual unless the context clearly indicates otherwise. Certified Agricultural Producer: A vendor who has obtained an Agricultural Producer Certificate from the Department of Permitting Services. Direct Supervisor: An adult vendor with a valid point of sale license and operator permit, or another authorized adult with a valid operator permit who is responsible for the activities of another vendor operator and is available to the site of the vending activity at all times within 5 minutes. Certified Agricultural Producers, engaged in daily farming activities, are to be available by telephone within 5 minutes and available to the site of the vending activity within 60 minutes if required. Door-to-door: An approval for a vendor or operator that conducts vending activity by traveling from dwelling to dwelling, or office to office. Operator Permit: A wallet sized, photo identification, which must be carried by each person engaged in vending activities. Point of Sale License: An 8 ½ x 11 inch document, issued by the director, which must be prominently displayed at the point where the vending occurs, unless otherwise stated in these regulations. Regular Route: An approval for a vendor or operator that conducts vending activity along streets on a repetitive schedule stopping only to dispense products unless otherwise permitted by these regulations. Temporary Sales License: An approval for a vendor or operator that conducts vending activity in the right-of-way, on private property, or door-to-door for a period not to exceed sixty (60) consecutive days in a calendar year. Site Specific: An approval for a vendor or operator that conducts vending activity from a stationary location subject to the approval of the director. Vending Activity: The selling, offering to sell, or soliciting orders for the sale of goods or services which occurs on public or private property and involves a vendor as defined in Chapter 47 or a transitory use as defined in Chapter 59 of the Montgomery County Code. This does not include the distribution of sales literature without soliciting an order, or kiosks and similar structures, temporary or permanent, located within covered malls in compliance with Montgomery County Code, 1994 as amended, Chapter 8, Buildings. A garage sale is not a vending activity unless it exceeds the limits specified in Chapter 47. For the purposes of these regulations a garage sale is the sale, on residential property, of goods previously used by a resident of the property. This also includes all similar sales activities such as "yard sales", "garage sales", "moving sale", and "community sale”. Vendor Book: A notebook of original documents, supplied by the director which must accompany a point of sale license for site specific vending activity. 4.0 It is the policy of the Department of Permitting Services to require a revocable license and a revocable permit, subject to review and conditions, for every vendor operation; and in certain situations to require an approved supplemental vendor book. 4.1 Point of Sale License (a) An original point of sale license must be produced to anyone upon request. Where the display of the original license is impractical, the license number must be displayed in a permanent manner at every location where vendor activity is conducted, except for door-to-door in which case the license number must be shown on the operator permit. (b) A point of sale license must contain: (1) the name of the vendor (2) the home or business address of the vendor; a P.O. Box is not a sufficient address (3) all applicable approvals (4) a license number issued by the director (5) the authorized location of the vending operation (6) hours of operation including days of week at each location (7) expiration date (8) other information which the director determines is necessary for the identification of the vendor business. (c) An application for a point of sale license may be obtained from the director. 4.2 Operator Permit (a) An original operator permit must be carried on the person of every individual engaged in vending activity in the County. All vendors and operators engaged in door-to-door vending must wear the operator permit in plain view. (b) An operator permit must contain: (1) a color photograph of the operator (2) the operators home address (3) an indication that the operator is a minor, if applicable (4) an indication that the operator is a direct supervisor, if applicable (5) any restrictions which pertain to the operator’s vendor activity (6) other information which the director decides is necessary for the identification of the operator. (c) An application for an operator permit may be obtained from the director. 4.3 Vendor Book (a) A vendor book is a notebook of original documents supplied by the director which must accompany a point of sale license for site specific vending activity. (b) The vendor book must contain: (1) a scaled plan of the site which shows where the vendor is to be located, (2) an Agricultural Producer Certificate issued by the Department of Permitting Services, if applicable, (3) a schedule of the days of the week and hours of the operation of the vending activity, (4) a list of the categories of items to be sold, (5) a statement signed by the vendor that indicates that the vendor understands the conditions applicable to the specific vending activity. This statement must be in English and may include a translation into another language. (c) All documents in the book must bear an official departmental stamp that each item has been approved. 5.0 Generally (a) Staff must determine whether the operation is a vending activity. (b) Applicants must provide proof of date of birth, address, proof of ownership of the site or written permission of owner/agent. (c) Applicant must submit a plan of the site showing structures, green area, tabulated parking, and the proposed location of the vendor operation indicating distances from roads, intersections, and driveways. (d) Parking must comply with relevant parking standards. (e) In reviewing an application, staff may request additional information regarding the vendor operation and site. 5.1 Licenses and Permits The director must administer the issuance of licenses and permits in conformance with the following procedures. (a) For a point of sale license: (1) the applicant must complete and submit an application packet with a check for a nonrefundable application fee and a separate check for the license fee. (2) upon determination that the use is permitted by right, or a special exception has been granted, the application will be reviewed for completeness. The applicant must sign an affidavit indicating that the rules and procedures for their specific vending activity have been read and are understood. This affidavit must be in English and may include a translation into another language. (3) if a Certified Agricultural Producer wishes to be a site specific vendor in the public right-of-way, the applicant must submit proof that they possess liability insurance in the amount of $500,000 and sign a statement of indemnification holding Montgomery County harmless against any claim of liability. (4) upon determination that a special exception is required, but has not been obtained, staff will refer the applicant to the Board of Appeals for information concerning application procedures for special exceptions. (5) upon determination that the use is not permitted, staff will deny the application; the application and the nonrefundable application fee will be retained by the director and the license fee will be returned to the applicant. (6) following verification that the application is complete, in accordance with 5.1 (a)(2) of this regulation, staff will note the zone classification, the appropriate zoning book reference, and the date, and indicate that it is approved by initialing it. (7) staff will enter the required data into the computer. (8) staff will determine the need for other review requirements and forward the paperwork, data, or both to the appropriate person, agency, or both for review. At this time the license fee becomes nonrefundable. (9) when all approvals are received, the application will be forwarded to the director for final review and signature. (10) when the director has signed the application, the applicant is notified to appear in person to receive the license. (11) when the applicant appears to receive the license, staff must discuss the conditions and limitations of the license. The applicant will be required to sign a statement verifying an understanding of the specific rules of their operation. This statement must be in English and may include a translation into another language. Applicant will be made aware of scheduled optional orientation sessions at which arrangements may be made for translators, if necessary. (12) staff must enter the approval date of the license into the computer as the issuance date. (b) For an operator permit: (1) the applicant must complete an application and submit the application, and a check for the operator license fee. (2) staff will check the application for completeness. (3) staff will verity applicant's date of birth, address, and vendor information from available identification. (4) staff will note on the operator permit that the applicant is a minor, if appropriate, and will note applicable restrictions on the license, including the requirement to obtain a State of Maryland work permit. (5) if the applicant is a direct supervisor of other vending operators, staff will make the appropriate notation on the permit. A vendor must not supervise more than 6 operators and each operator must have a permit. (6) the point of sale license number must be noted on the operators permit. (7) application information will be entered in the computer. (8) the applicant will sign the permit, the applicant's picture will be affixed to the permit, and the permit will be laminated and issued to the operator. 5.2 Plan Review The director must review an application and a plan of the site for any site specific vending activity as follows: (a) if the vending activity is on private property, staff must review the following, as applicable: (1) the existing use(s) on the site (2) the gross floor area of existing uses (3) the parking spaces required for existing uses (4) the actual parking spaces provided (5) whether an excess of parking spaces exists (6) the vendor preparation, display, sales, and patron area in square feet. This is considered the area occupied by the vending activity (7) the number of parking spaces required for the vending activity (8) the location of the vending activity in relation to required green area and required parking spaces (9) whether the vending activity involves goods or services that are the same as a nearby use (10) whether the vending activity is appropriate for the site, considering factors such as its proximity to a school, place of worship, another use offering the same goods or services, and the hours of operation (11) that the distance from the centerline of the entrance or exit is at least 100 feet from an intersection or traffic control device. (12) the presence of a dedicated entrance and exit at least 22 feet wide (13) that the vending operation is of adequate size, located, and used in a manner that: (A) provides safe ingress and egress (B) does not impede traffic (C) does not endanger the vendor, the vendor’s customers, or the general public (14) that the centerline of the entrance or exit provides a 500 feet visible site line in both directions for a road with a posted speed limit of 40 miles per hour or greater; and, 350 feet for a road with a posted speed limit of less than 40 miles per hour. The determination of a visible site distance is made from a point on the centerline of the entrance or exit, 6 feet away from the nearest travel lane of the road, and must provide an unobstructed view of the road lane which is traveling toward the site. (15) that the vendor area is set back at least 20 feet from the nearest travelled edge of a road with a posted speed of 41 to 50 miles per hour; and, 12 feet from the traveled edge of a roadway with a posted speed limit of 40 miles per hour or less; or, the setbacks of the zone, whichever is greater. (16) that no other vendor is approved for the same location at the same time and day. (b) if the vending activity is on a public right-of-way, staff must also determine: (1) that the vending area is at least 6 feet from the nearest edge of the roadway. (2) that the vending area is 100 feet from an intersection or driveway for a shopping center (3) that the vending area is 500 feet from any school, unless the director and the school principal have given written permission for the vendor to be located closer (4) that parking spaces are adequate and do not interfere with the flow of traffic (5) that adequate space exists to park without obstructing the roadway or any portion of the roadway (6) that the vending activity does not occur on a public sidewalk (7) that the road has a posted speed limit of 50 miles per hour or less. (c) if the plan of the site is approved, staff must: (1) stamp “APPROVED” on the plan, and sign and date the approval (2) record the approval in the computer, noting the exact location (3) prepare the vendor book to include a copy of the plan with sufficient detail to provide the location of the vending activity and to allow for easy determination that the vendor is at the proper location within the site. Multiple documents may be required, such as a vicinity map, key plan, or detail section. These documents must be placed in the vendor book on 8 ½ by 11 inch paper. (4) retain a copy of the plan and supporting documentation (d) if the plan of the site is denied, staff must: (1) stamp “DENIED” on the plan, sign, and date the denial (2) contact the applicant and provide an explanation for the denial and advise the corrective measures, if applicable (3) make a denial notation in the computer 5.3 Performance Standards (a) Generally (1) Vendors must comply with the requirements of Chapter 47 of the Montgomery County Code, and this Executive Regulation. (2) Any operator who is a minor must be under the direct supervision of a vendor or adult operator. (3) All vendors must comply with all other laws, ordinances, and regulations that affect their activity. For example, a mobile food vendor must have a vendor license, a vendor operator permit, a mobile food service permit, and must obey all traffic regulations such as no parking or no standing, etc. (4) All vendors must provide trash receptacles at the site of their vending activity, and are responsible for maintaining a clean vending area. (5) Any vehicle used in the vending activity must have permanent registration, current tags, and valid insurance. (6) A vending activity must not interfere with a traffic control device or obstruct the visibility of a traffic control device. (7) A vendor must not be located on a sidewalk in the public right-of-way. If the vendor is located on a sidewalk, bikeway, or pedestrian path on private property, they must maintain an unobstructed passage that is at least 5 feet wide. (8) A vendor must not alter or attempt to alter vehicular or pedestrian traffic flow. (9) A vendor that causes damage to a public right-of-way must repair the damage at no cost to the County. Failure to make the necessary repairs may result in the suspension of the point of sale license until the repairs are completed, or failing completion of the repairs all vendor permits and licenses may be revoked. (b) Door-to-Door In addition to these general regulations, a vendor engaged in the following type of vending activity must also comply with the specific standards for this type. (1) A vendor engaged in door-to-door vending activity must wear the operator permit in plain view. The point of sale license number must appear on the operator permit. (2) The door-to-door vendor must use the obvious main entrance as the contact route. A door-to-door vendor must not use other contact points such as rear doors, patios, or decks. (3) A door-to-door vendor must not enter any property which has been posted to prevent his entry such as "no trespassing" or "no solicitors", or has a locked gate. (c) Regular Route In addition to these general regulations, a vendor engaged in the following type of vending activity must also comply with the specific standards for this type. (1) A vendor engaged in regular route vending must display the Point of Sale License in full view of patrons. (2) If the street upon which the vending activity occurs has a marked centerline, the vendor must maintain at least 12 feet of unobstructed travel way in each direction. (3) The regular route vendor must pull as close to the right hand edge of the roadway as possible when stopping to conduct vending activities. (4) All sound making devices such as horns, bells, and whistles must comply with the requirements of the Noise Ordinance, Chapter 31B of the Montgomery County Code. (5) A regular route vendor must stop only when conducting a vending activity or to obey a traffic regulation. The Director, in order to enhance traffic and safety conditions, may approve a Certified Agricultural Producer, Regular Route Vendor to conduct marketing from a parking facility provided that: (A) the parking facility is in existence and permitted by right; (B) the parking facility has at least 25 parking spaces available for the vending activity; (C) the applicant does not operate the vending activity from this location for two or more consecutive days; (D) the applicant complies with the regulations for a site specific vendor; and (E) the vendor visits multiple sites during a one-week period. (6) A regular route vendor must not conduct a vending activity less than 100 feet away from a school bus stop within 10 minutes of the scheduled bus arrival time. (7) A regular route vendor must not conduct a vending activity on any roadway, or within 50 feet of any intersection with a roadway, that has more than 2 lanes of travel in a single direction. (d) Site Specific In addition to these general regulations, a vendor engaged in the following type of vending activity must also comply with the specific standards for this type. (1) A site specific vendor is approved for a location at certain hours and days of the week. (2) The vendor must adhere to the restrictions listed in the vendor book for that location. (3) In the event that the director has approved a location which is subsequently determined to be unsafe, through no fault of the vendor, the director will assist in relocating the vendor at no additional charge. For example, if the director approves a vendor for a location which is subsequently determined to be unsafe, the director will help find a new, acceptable location and amend the vendor book without an additional charge to the vendor. (4) If the site specific approval is for a certified agricultural producer in the public right-of-way, a sign must be posted on the same side of the road as follows: (A) the sign must face traffic traveling on the same side of the street as the vending site, and must precede the site (B) the sign must be placed 6 feet from the nearest travelled lane of the road (C) the sign must read "ROADSIDE VENDOR AHEAD" (D) if the posted speed of the road is 40 to 50 miles per hour the sign must be placed 700 feet before the site. If the posted speed limit is less than 40 miles per hour the sign must be 500 feet before the site. (5) It the site specific vendor is located on private property, the placement of a sign is regulated by the Sign Ordinance, Article 59-F of the Montgomery County Code. (6) A site specific vendor must not infringe on any part of the travelled portion of a road. (e) Future Delivery In addition to these general regulations, a vendor engaged in the following type of vending activity must also comply with the specific standards for this type. (1) Future delivery is a vending activity, which as a condition of the vending activity solicits orders for the sale of goods or services and provides for the delivery of the goods or services at a future date. (2) A performance bond must be posted for future delivery vendors 5.4 Violations and Penalties. (a) Upon identification of a violation of the vendor law or this Executive Regulation, enforcement personnel may issue a warning or civil citation. (b) When a citation is issued enforcement personnel must confiscate the point of sale license and issue a temporary point of sale license in accordance with the following: (1) Enforcement personnel must complete the required information on the temporary license and designate the expiration date, which will be 90 days after issuance of the temporary license (2) The original point of sale license and a copy of the temporary license must be forwarded to the director along with the normal distribution of copies of the citation. (3) If the vendor pays the fine and appears in person with proof of payment, the director may return the point of sale license (4) If the citation is adjudicated in a court of competent jurisdiction, the vendor must appear in person with proof of the disposition of the citation before the director may return the point of sale license (5) If the vendor does not pay the fine and does not adjudicate the violation in a court of competent jurisdiction, the point of sale license will be revoked. (c) The revocation of a vendor operator permit or point of sale license must be for one year from the date of revocation. The director must not approve an application by the same vendor during a revocation period. 6.0 The director is responsible for the creation, installation, coordination, and monitoring of the hardware, software, and processes which are necessary to provide interactive communication among the agencies involved in vendor regulation. 7.0 The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect. 8.0 This regulation takes effect upon approval by County Council. This regulation establishes a certification process for Agricultural Producers who are vendors pursuant to Chapter 47 of the Montgomery County Code 1994, as amended. This regulation applies to certified producers as described in Chapter 47 of the Montgomery County Code, and to the verification and certification process associated with these producers. 3.0 It is the policy of the Department of Permitting Services to require that agricultural producers who wish to sell in the public right-of-way be a Certified Agricultural Producer of regionally grown products. Regionally grown products are those produced within the five state area of Maryland, Virginia, West Virginia, Delaware, and Pennsylvania and the city of Washington, DC. A Certified Agricultural Producer must comply with the following requirements. (a) A Certified Agricultural Producer must sell only fresh fruits, vegetables, herbs, cut flowers, small trees, or plants produced by the Agricultural Producer. (b) A Certified Agricultural Producer may sell non-potentially hazardous prepackaged goods and eggs. These products must be approved by the Montgomery County Health Department. (c) A point of sale license must be obtained before operating. (d) Regionally grown products must be sold only by the agricultural producer or a representative of the agricultural producer. (e) A Certified Agricultural Producer must be responsible for the conduct of anyone operating under a Point of Sale License issued by the Department of Permitting Services. 4.0 Certification (a) Agricultural Producers will apply for certification as follows: (1) complete an application and survey for Montgomery County Certified Agricultural Producer and submit them to the Department of Permitting Services with a check for the application fee. The application packet is available at the Office of Vendor Licensing and Review, Department of Permitting Services; (2) provide a description of the location from which the producer wishes to sell the products; (3) provide a map showing the location of the vending site; and (4) provide other documentation from local agricultural agencies, such as the Agricultural Extension Service, the Soil Conservation Service, or Agricultural Cooperative, as necessary to determine that the seller is also the producer of the products being sold. (b) Staff will review the application and survey forms to determine: (1) that the applicant farms and produces the products to be sold; and (2) that the applicant will sell only authorized products. (c) An authorized agent of the Montgomery County Agricultural Advisory Committee, the Montgomery County Farmer's Market Association, the Cooperative Extension Agent, or the Montgomery County Department of Permitting Services may inspect the farm and growing locations to verify farming activities. (d) If the review of the application results in an approval, staff will: (1) note on the application "APPROVED", and sign and date the application, (2) instruct the applicant to apply for a Point of Sale License from the Department of Permitting Services if the applicant has not already done so, (3) record the approval in the computer on the appropriate screens, and (4) issue a Certified Agricultural Producer certificate. (e) If the review of the application results in a denial, staff will: (1) note on the application "DENIED", and sign and date the application, and (2) inform the applicant of the denial and the reasons for the denial, (3) record the denial in the computer. 5.0 The application fee which includes the cost of the inspection, if any, and issuance of an Agricultural Producer Certificate is $25.00 for agricultural producers certified by the Department of Permitting Services for membership in the Montgomery County Farmers' Market Association and $100 for all other agricultural producers. 6.0 The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect. 7.0 This regulation takes effect upon approval by County Council. This regulation establishes a licensing process for sidewalk sales and sidewalk vendor operations as noted in section 47-1 of the Montgomery County Code as amended. This regulation applies to any individual who seeks to vend in the Central Business District using a pushcart or other slow-moving vehicle with functional wheels that is no larger than three (3) feet by seven (7) feet and from which the operator dispenses food, drink, or retail goods. For the purposes of this regulation, the following words and phrases have the meaning indicated. Word and phrases defined and used in Chapters 47 and 59 of the Montgomery County Code have the meaning indicated in those Chapters. Block Face: One(1) side of a segment of a street that does not extend beyond any intersection with another street, or portion thereof. Sidewalk: Those areas legally open to the public for use as a pedestrian walkway between the curb and the edge of the public right-of-way. Sidewalk Vendor: Any person who sells, offers to sell, or solicits orders for any goods (including perishable foods) or services from a sidewalk vending cart. Sidewalk Vending Cart: A pushcart or other slow moving vehicle meeting all the requirements of Chapter 47 of the Montgomery County Code for the conducting of business in the Central Business District of Montgomery County. Sidewalk Vendor License: A license that permits sales of goods from a sidewalk vending cart, either moving or located in a stationary location in the public right of way in the Central Business District. Sidewalk Vending Cart Sales: A type of vending activity that includes selling of goods or services from a sidewalk vending cart that is located either on a sidewalk or in the public right of way. Vendor Book: A notebook of documents supplied by the Department of Permitting Services which must accompany a sidewalk vendor license for sidewalk vending activity. It is unlawful for any person to engage in the business of sidewalk vending without first obtaining a revocable license from the Department of Permitting Services, subject to review and conditions, for every vendor operation; and in certain situations to require an approved supplemental vendor book. 5.0 Application for Sidewalk Vendor License Application to vend from a sidewalk or public right of way in the Central Business District shall be made to the Department of Permitting Services on the accepted application. The application shall require the following: a) correct legal name, present address and telephone number of the applicant; b) type of goods or services to be sold; c) copies of all permits required by state and local health authorities; d) signed indemnity form; e) description of sidewalk vending cart including dimensions; f) a diagram showing the proposed area including distances from the sidewalk vending cart to the street, intersections, businesses, street cafes, pedestrian walkway. Applicant must allow for an show a minimum of five (5) feet of pedestrian walkway on the sidewalk for customers; g) submit proof that they possess liability insurance in the amount of $500,000 and sign a statement holding Montgomery County harmless against any claim of liability; h) payment of a fee as determined by the Department and detailed by regulation; i) post a bond to cover the cost of any removal of abandoned sidewalk vending cart, damage to or clean-up of public property. No more than one (1) vending licenses shall be issued for every five (5) acres of land in each Central Business District. No more than one (1) sidewalk vendor shall be allowed to locate within each three hundred (300) feet of block face. One (1) time priority will be granted to applicants possessing regular route vending licenses in the Central Business District on the effective date of these regulations. During the period of vending, licensees are responsible for keeping the sidewalk within fifteen (15) feet of their sidewalk vending cart clean of trash generated by their vending operations, and for cleaning the sidewalk in the area occupied by their stand. Licensees must take with them at the end of each day, all trash, little, garbage, refuse and waste, including but not limited to cooking liquids, water, ice, paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person within a fifty (50) foot radius of the vending area. No licensee may place or deposit any trash, liter, garbage, refuse or any other wastes generated by his or her licensed operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner. The design standards are regulations that address the dimension, structural materials, mobility and other design aspects of the sidewalk vending carts, with the purpose of protecting public safety and ensuring the sidewalk vending carts are placed on the public right-of-way are maintained in a neat, clean and orderly fashion and ensure that all sidewalk vending carts: a) not exceed three (3) feet in width by seven (7) feet in length including any hitch, and not exceed a height of five (5) feet excluding canopies or umbrellas which must be a minimum of seven (7) feet above the sidewalk. Umbrellas and canopies shall not exceed 28 square feet in area; b) be on wheels; c) be of light weight construction so that it can be moved from place to place by one (1) adult person with no auxiliary power; d) not be motorized so as to move on its own power; e) be capable of transporting all vendor’s wares such that the vendor can set up and break down the sidewalk vending cart without placing any objects on the sidewalk or street beyond two (2) feet of the edge of the cart; f) be of durable easy to clean materials; g) have advertising and other signage limited to the name of the sidewalk vending cart or listing of items sold and price in lettering not larger than two (2) inches; h) have no amplified sound. Sidewalk vendors must not locate in or obstruct the travel lane of a public right-of-way, the pedestrian area of the sidewalk, or bike lanes at any time. No person may conduct business from a sidewalk vending cart in any of the following places: a) within twenty (20) feet of the intersection of the sidewalk with any other sidewalk or mid- block crossing; b) any location which would reduce the clear, continuous sidewalk width to less than five (5) feet; c) within five (5) feet of any imaginary perpendicular line running from any building entrance or doorway to the curb line; d) within five (5) feet of any handicapped parking space, or access ramp; e) within twenty (20) feet of any bus stop or METRO entrance or exit; f) within three (3) feet of benches, planters or trees; g) within twenty (20) feet of sidewalk cafes; h) within fifteen (15) feet of a fire hydrant; i) vend using the surface of the sidewalk or on a blanket or board placed immediately on the sidewalk or on top of a trash receptacle or cardboard boxes to display merchandise; j) sell or offer for sale any item directly from any parked or double parked motor vehicle; k) sell within the boundaries of a right-of-way street closure approved and permitted by the County or the State. Sidewalk vendors must: a) display sidewalk vendor license prominently and each operator must wear his or her operator identification card visible to the public; b) keep the area within fifteen (15) feet of the location where the vendor is located free from all litter and debris arising from the operations including the litter which arises from action of customers in disposing of wrapping or packing materials of merchandise sold by the vendor during the period of vending; c) ensure pedestrian traffic walkway of five (5) feet is maintained when large numbers of potential customers gather to view merchandise and must be sure clear and courteous passage is made possible for the public. Hours of operation will be limited to the hours of 6:30 AM to 10:00 PM Monday through Friday and 9:00 AM to 10:00 PM Saturday and Sunday. All sidewalk vending carts must be removed along with all trash from the vending location on a daily basis. Loading and unloading of merchandise must comply with all traffic regulations and cannot exceed fifteen (15) minutes. The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

Terms defined herein are for purposes of this Section only. The terms used are as defined in Chapter 48 of the Montgomery County Code and as defined in this section: (a) "Recycling" means any process by which materials are diverted from the solid waste stream and are collected, separated, processed and returned to the economic mainstream in the form of raw materials or products for reuse. (a) General. A collector or hauler collecting, hauling, or transporting solid waste or recycling must submit semi-annual reports to the Department, on forms provided by the Department, describing the amount and type of solid waste or recycling collected, hauled or transported. Collectors and haulers must maintain documentation supporting all submitted information for five years. (b) Reports. Reports must be on forms provided by the Department and must contain the following information: (1) The collector’s or hauler’s name and contact information; (2) The amount, and type of solid waste or recycling collected by type of solid waste or recycling and type of generator (residential, multi-family, or non-residential); (3) Name and location of the facilities at which the collector or hauler delivered solid waste or recycling during the reporting period and indicate the type and quantity of solid waste recycling delivered to each facility. (4) A signed acknowledgment that, to the best of the collector’s or hauler’s information, knowledge and belief, the information provided in the report is correct. (c) Report schedule. A collector or hauler must submit semi-annual reports to the Department as follows: Reporting Period Report Due Date January 1 - June 30 August 1 July 1 - December 31 February 1 Responsibilities of the Department. (a) Forms. The Department will provide the report forms 30 days prior to the due date. (b) Verification of information. Upon request from the Department, the collector or hauler must, within 30 days, provide to the Department, or an agent of the County, copies of all documentation supporting the reports required by this regulation or provide access to the Department or its representatives to examine all records supporting the information collected and reported in 48.00.01.02 or otherwise required to be maintained by Chapter 48, including the name, address and telephone number of all facilities receiving collected/hauled solid waste for disposal or recycling and quantities deposited at each facility. (c) Confidentiality. Subject to applicable law, the Department must maintain the confidentiality of any information required to be provided in these regulations that identifies a collector or hauler providing a report or supporting documentation. The Department must not, unless required by law to do so, disclose any information provided by a collector or hauler. This requirement does not prohibit the Department from using this information in preparing a summary of analysis of waste reduction and recycling activities in the County. These regulations may be enforced in accordance with Section 48-49 of the Montgomery County Code 2004, as amended. This regulation must be construed liberally to permit the Department to effectuate the purposes of Article V (recycling) of Chapter 48 of the Montgomery County Code (2004), as amended, and the policies of the County’s Comprehensive Solid Waste Management Plan.

A. “Refuse Collector” means the owner and/or operator of a refuse collection vehicle or operation who collects refuse in Montgomery County, Maryland. B. “Refuse Collection” means the operation whereby refuse is gathered and/or handled, by any means, placed and/or compacted in a refuse collection vehicle prior to disposal at an authorized location. C. “Refuse Collection Vehicle” means any vehicle that can operate on public roads, and is used for the express purpose of transporting refuse from one location to another. D. “Holiday” means the existing Federal holidays and any other holiday subsequently generated. E. “Weekday” means any days other than Sundays or holidays. F. “Refuse” means ashes, garbage, paper, paper products, rubbish, trash, junk, industrial wastes, plastics, glass, dead animals and all other solid waste materials, including salvable waste. It shall include but not be limited to combustible and non-combustible construction debris, trees, stumps, slash, metal, cans and all solid wastes generated by any or all public and private establishments and residences. G. “Director” means the Director of the Department of Environmental Protection. H. “Business Establishment” means any commercial, industrial, institutional or other non- residential use. I. “Collection Point” means the point at which refuse is stored awaiting pick up. No refuse collector shall collect refuse in Montgomery County prior to 7:00 a.m. not continue collection operations after 9:00 p.m. on any weekday. On Sundays or holidays, collection of refuse is prohibited prior to 9:00 a.m. and after 9:00 p.m. The Director may waive these restrictions in the event of a civil emergency for a period of 72 hours or less. This regulation shall not apply to refuse collection from business establishments, provided that there are no occupied residential structures within 500 feet of the collection point. Violations of this regulation shall be a misdemeanor, punishable under Section 48-30 or shall constitute cause for a suspension or revocation of the collector's license under Section 48-27 or both. Either the licensed collector or the operator of any collection vehicle or both, may be charged hereunder. There is hereby declared to be an emergency with regard to establishing these regulations governing the control of refuse collection noise. These regulations shall take effect immediately.

Terms defined herein are for purposes of this Regulation only. The terms used are as defined in Chapter 48 of the Montgomery County Code or as defined in this section: (a) “Acceptable” means items which conform to prevailing and customary standards of existing recycling markets. (b) “Business” means any enterprise, individual, corporation, partnership (limited or general), sole proprietorship or other entity or person, including institutions, health care facilities, construction sites, the Federal Government and other government agencies, to the extent authorized by law. (c) “Commingled materials” means acceptable items such as aluminum cans and foil products, steel or tin cans, bi-metal cans, glass bottles, jars and jugs, plastic bottles, tubs, lids, and containers, which are not separated by type, but are mixed (mingled) together in one container. (d) “Department” means Montgomery County Department of Environmental Protection. (e) “Director” means Director of the Montgomery County Department of Environmental Protection or the Director’s designee. (f) “Disposal facility” means the Montgomery County Shady Grove Processing Facility and Transfer Station or any other location operated by the County where solid waste is taken for disposal. (g) “Employee” means any person working on-site 20 or more hours per week directly for the business or for an entity affiliated with the business; and any person working on-site for the business or an entity affiliated with the business as an agent or independent contractor for more than six months in any calendar year. (h) “Generator” means the owner or occupant of any dwelling unit where solid waste is generated, and the owner or occupant of any business, entity, or institution at, from, or by which solid waste is generated. (i) “Licensed Collector” means a collection company that has a license to collect and transport recyclable solid waste in the County. (j) “Market” means any business that receives processed or unprocessed source separated or commingled recyclable solid waste and utilizes the material as a finished product or as a raw material for a manufacturing process. (k) “Mixed paper” means acceptable paper items which are not separated by type, but are mingled and collected together. These items include white paper, colored paper, coated paper items, corrugated cardboard, boxboard, newspaper and inserts, magazines, catalogs, telephone directories, books, unwanted mail, and other clean, dry paper. (l) “Recyclables” means those materials in the solid waste stream which are collected, separated, processed, and returned to the economic mainstream in the form of raw materials or product for reuse. (m) “Recycling” means any process by which materials are diverted from the solid waste stream and are collected, separated, processed, and returned to the economic mainstream in the form of raw materials or product for reuse. (n) “Recycling plan” means a plan describing a program for source reduction and recycling. (o) “Scrap metal” means acceptable items consisting of metal and/or predominantly metal materials. These items include washers, dryers, refrigerators, air conditioners, dishwashers, sinks, stoves, freezers, furnaces, hot water heaters, trash compactors, iron furniture, doors, cabinets, humidifiers/dehumidifiers, bikes, swing sets, aluminum lawn chairs, shower stalls, and disassembled metal sheds. (p) “Solid waste stream” means solid waste as defined in Section 48-1 of the Montgomery County Code from the point of generation to disposal. (q) “Sorted” means a category of recyclable materials which are further separated into sub-categories or groupings in preparation for recycling. For example, generators may separate paper by grade or type. (r) “Source separation” means the process of separating recyclables from the solid waste stream at the point of generation and placing them into containers or arranging them in a manner specified by the County for reuse or recycling. (s) “Unavailable” means non-existent. (t) “Unit” means individual housing unit or business unit. (u) “Waste reduction/source reduction” means reducing the amount of waste generated at the source or point of generation. (v) “Yard trim” means leaves, grass, garden trimmings, and brush. (a) The Director may grant temporary or permanent waivers from participating in the recycling program to individuals who are physically impaired and who are not reasonably able to undertake the activities required by this regulation. (b) The Director may also grant a temporary partial waiver for all generator categories for particular materials which would otherwise have to be recycled where markets for these materials are unavailable. (c) Persons or entities for whom compliance with 48.00.03.03 subsection (b) and subsection (c) herein would be an unreasonable hardship may apply to the Director for a temporary or permanent waiver in a manner prescribed by the Director. (d) For entities subject to recycling plan or report requirements, a request for a waiver must be submitted with the recycling plan and/or annual report. If the plan/report has already been filed, the request must accompany an amended plan/report. If the request for a waiver is denied, the plan and/or annual report must be resubmitted within 30 days from the date of denial, to include the materials for which a waiver was sought unless a plan and/or annual report on file already addresses those materials. Those persons or entities requesting a waiver must specify the materials requested to be waived from recycling requirements, the duration of the requested waiver, reason(s) for the request at the time they submit it, and include any documentation necessary to justify a waiver. (1) The Director must consider the following criteria in granting a waiver: (A) The unavailability of markets for the material identified; (B) Extreme financial hardship due to significant disparity between the costs of recycling an identified material and the costs of disposal of that material; or (C) The unavailability of an on-site or proximate off-site location to prepare and store materials for recycling. (a) Single-family residential recycling program, including dwellings having 6 or fewer dwelling units. (1) Recycling services areas. (A) The entire County is a recycling service area for the collection of recyclable materials, including: mixed paper; commingled materials; yard trim; Christmas trees; scrap metals; and other materials designated by the Department through means including, but not limited to, posting on the Departmental website. (B) Recycling service sub areas are designated on a map maintained by the Department and available upon request. All residents provided County recycling service must recycle in accordance with these regulations, Chapter 48 of the Montgomery County Code (2014), as amended, and the schedule for their recycling service sub area maintained and publicized by the Division of Solid Waste Services. (2) Preparation of material for recycling collection. (A) Mixed paper. Mixed paper must be separated from other solid waste and placed in wheeled carts provided by the County, in paper bags, in small cardboard boxes or tied with string strong enough to support the weight of the bundle and prevent dispersion. The total weight of each bag, box or bundle must not exceed 45 gallons in volume and 60 pounds in weight. A County supplied wheeled cart does not have a weight limit and can have up to a 100 gallon capacity. Mixed paper contaminated by garbage or other putrescible material must not be included for recycling. (B) Commingled materials. All commingled materials must be separated from other solid waste and placed in a County approved container. Lids and tops which are acceptable for recycling must be separated from containers before being placed into an approved recycling container. Any loose food or liquid must be removed. (C) Yard trim. Grass and leaves must be placed in containers or large paper bags labeled “yard trim”. Containers or bags must not exceed 45 gallons in volume and 60 pounds by weight. Brush must not exceed 4 inches in diameter and 6 feet in length, and must be placed in labeled containers or paper bags or tied in bundles no greater than 36 inches in diameter. Plastic bags must not be used to contain any yard trim or Christmas trees. Christmas trees must have all ornaments and metal objects removed. (3) Solid Waste and Recycling Collection requirements.. (A) Location. Materials for solid waste and recycling collection must be placed within 10 feet of the publicly maintained right- of-way closest to the dwelling. Materials must not be placed in a manner that interferes with parking or vehicular and pedestrian traffic. (B) Alternate location. Residents for whom placement in accordance with paragraph (A) would be a hardship may apply to the Director for permission to use an alternate location. The Director may set a time limit on any permission granted. Any container used at an approved alternate location must be identified, as provided by the Director, and must be visible from the publicly maintained right-of-way. (C) Time limit. Solid waste and recyclables prepared for disposal or recycling must be set out for collection no earlier than 5:00 p.m. before the designated day of collection, and no later than 7:00 a.m. on the designated day of collection. Recycling and solid waste containers must be removed from the collection location no later than 5:00 p.m. the day after that designated for collection. (D) Litter. Owners and occupants are responsible for keeping the area around all containers litter free. (b) Multi-family residential recycling program - Buildings with 7 or more dwelling units. (1) Applicability. This section is applicable to all generators, property owners, property managers, whether individuals or entities, and common ownership associations, including boards of condominium associations and cooperative housing projects (as those terms are defined in state law) of multi-family dwelling units that have 7 or more units (“multi-family entities”). This section is not applicable to facilities receiving collection as described in (a) or to businesses covered under (c). (2) Multi-family entities and residents must recycle. Materials which are required to be recycled are: cardboard; mixed paper; commingled materials; yard trim; Christmas trees; scrap metal items; and other materials designated by the Department through means including, but not limited to, posting on the Departmental website. Persons or entities covered by this section are encouraged to recycle any other materials for which there is a viable market. (3) Plan and report requirements. (A) Designation of responsible agent. Multi-family entities subject to this section must designate an agent responsible for carrying out the plan and report requirements of this section. In the case of multi-family dwelling units covered by a common ownership association, the association representative, as listed in the Office of Common Ownership Communities, is responsible. In the case of leased units or facilities, the property owner or representative, as listed with the Montgomery County Office of Landlord and Tenant Affairs or as confirmed through other sources, is responsible. (B) Waste reduction and recycling plan. 1. Who must submit. Multi-family entities having 101 or more units must submit a waste reduction and recycling plan demonstrating how the entity will recycle or reduce the amount of solid waste going to disposal facilities with the goal of reducing solid waste for disposal by at least 70% annually, by weight, for each facility. Multi- family entities having 100 or fewer units must submit a waste reduction and recycling plan demonstrating how the entity will recycle or reduce the amount of solid waste going to disposal facilities with the goal of reducing solid waste for disposal by at least 70% annually, by weight, within 60 days from receipt of a written request for a plan from the Department. 2. Contents of plan. The plan must be submitted electronically or on forms provided by the Department and must include, at a minimum: a description of the facility by type; name, address, and telephone number of contact person responsible for on-site recycling program; list of materials to be recycled; name and address of person/collection company providing recycling collection service; sites where materials are delivered; and description of waste reduction activities. (C) Annual report on waste reduction and recycling activities. 1. Who must submit. All multi-family entities having 101 or more units must prepare and submit to the Department, on or before February 1 of each year, an annual waste reduction and recycling report for each facility covering the previous calendar year. Multi- family entities having 100 or fewer units must prepare and begin submission of initial annual waste reduction and recycling reports within 60 days from receipt of a written request for reports from the Department. From that time forward, each year, all of these entities must prepare and submit to the Department on or before February 1 annual waste reduction and recycling reports covering the previous calendar year. 2. Contents of report. The annual report must be submitted electronically or on a form provided by the Department and must include tonnages of materials collected for recycling and for solid waste disposal, a description of the multi-family entity’s efforts to educate residents about its recycling program, and any changes from the approved recycling plan required under 48.00.03.03(b)(3)B(2) of this regulation. If recyclable materials are self-hauled to a recycling facility, the multi-family entity must obtain scale house tickets and provide these as documentation of quantity recycled for reporting requirements. In the event that scale house tickets are not obtainable, receipts or other proof of quantity recycled may be substituted. The annual report must also include a description of the multi-family entity’s efforts to educate tenants, residents and/or employees about its recycling program. 3. Review Process. Annual reports will be reviewed, field verified, and audited by the Department through on-site evaluation. (4) Certification. All reports and plans must be signed by a person authorized to bind the multi-family entity, and must certify that the information is correct to the best of his or her knowledge. Examples of authorized persons include the property owner or responsible agent. (5) Verification of information. Multi-family entities must maintain and make available, upon request, to the Department for inspection and copying during normal business hours, any contracts and invoices for collection and disposition of materials to be recycled for a period covering the most recent five (5) years. Contract prices and other such financial information may be deleted from the materials provided. (6) Containers. Containers for all required recyclable materials in adequate sizes and quantities must be placed in each location where trash containers/trash chutes are located, and must be clearly labeled to indicate the appropriate material(s) to be placed inside for recycling. All solid waste and recycling containers for the collection of solid waste and recyclable materials must be located within reasonable and convenient proximity to all dwelling units, and to any offices, clubhouses, recreation facilities, and other uses on-site as recommended by the Department. In addition, wherever vending machines dispensing products in recyclable packaging are located, recycling containers for those materials must be located in close and convenient proximity. (7) Property Owner of Multi-family Properties. Property owners of multi- family entities must make recycling collection service and storage space for recyclable solid waste available to tenants in compliance with these regulations and Section 48-24 of the Montgomery County Code. (8) Collectors Servicing Multi-Family Entities. (A) Collectors must collect separate from waste and deliver to a recycling facility materials that have been source separated from the solid waste stream, unless the recyclable materials are not acceptable. If a collector determines that the recyclable materials are not acceptable, then the collector must inform the generator or responsible agent either electronically or in writing using a form designated by the County, keep a copy on file, and send a copy to the Department. The collector must indicate the name of the property, name of the responsible agent notified, date, time, address, nature of the problem, and suggested remedy and specify a collector contact name and telephone number for additional information. (B) Collectors must provide a copy of their current Montgomery County Collector’s License to each customer at least once annually, and must keep a copy of such notice and the date provided to its customer in their business records. If a copy has not yet been provided and a customer requests one, the collector must provide the customer with a copy of its license within 3 business days. (9) Contract Services. (A) A multi-family entity, when contracting for collection service of recyclable materials must use a Licensed Collector with a valid and current license. (B) A multi-family entity contracting for collection services with a Licensed Collector must maintain for inspection a copy of the Licensed Collector’s license. A property manager or responsible agent must produce a copy of the license upon request by the Department within 3 business days. (c) Commercial recycling and waste reduction program - Generators/Businesses. (1) Business Size. For the purposes of this subsection (c), businesses are classified into the following size categories: Large businesses. All businesses with 250 or more employees. Medium-sized businesses. All businesses with 100-249 employees. Small businesses. Businesses with fewer than 100 employees. (2) Applicability. This section applies to all generators and businesses, including property owners, property managers, whether individuals or entities, and common ownership associations, including boards of commercial condominium associations, which must recycle the materials described in 48.00.03.03(c)(3) herein. All businesses in Montgomery County must comply with these recycling regulations within 30 days of operating within the County. (3) Businesses and employees must recycle. Materials required to be recycled by businesses are: cardboard; mixed paper or sorted paper; commingled materials (which may be sorted); yard trim; Christmas trees; scrap metal items; and any other materials designated by the Department through means including, but not limited to, posting on the Departmental website. Businesses are encouraged to recycle any other materials for which there is a viable market. (4) Verification of information. Businesses must maintain, and make available to the Department for inspection and copying during normal business hours and upon request, any contracts and invoices for collection and disposition of materials to be recycled for a period covering the most recent five (5) years. Contract prices and other such financial information may be deleted from the materials provided. (5) Requirement for a waste reduction and recycling plan. (A) Applicability. 1. Large and medium-sized businesses. All large and medium-sized businesses must prepare a waste reduction and recycling plan demonstrating how the business will recycle or reduce the amount of solid waste going to disposal facilities with the goal of reducing solid waste for disposal by at least 70% annually, by weight. 2. Small businesses. Small businesses must prepare a waste reduction and recycling plan demonstrating how the business will recycle or reduce the amount of solid waste going to disposal facilities with the goal of reducing solid waste for disposal by at least 70% annually, by weight, within 60 days from receipt of a written request for a plan from the Department. 3. Property owner of multi-tenant facilities. Owners of multi-tenant facilities must file a waste reduction and recycling plan covering facilities in their entirety, and including information for all tenants, demonstrating how the businesses will recycle or reduce the amount of solid waste going to disposal facilities with the goal of reducing solid waste for disposal by at least 70% annually, by weight. 4. Multiple Business Locations. Each business required to submit a plan and/or report for multiple locations in the County may submit a single plan and/or report to cover multiple locations, or may submit an individual plan and/or report for each separate location demonstrating how the business will recycle or reduce the amount of solid waste going to disposal facilities with the goal of reducing solid waste for disposal by at least 70% annually, by weight, in compliance with these regulations. Any plan and/or report covering multiple locations must list each property address subject to it, and each location covered by the plan and/or report must maintain a copy of the plan and/or report on the premises. 5. Common ownership commercial properties. The governing body representing owners of a common ownership commercial property must submit a single plan which covers all businesses within that common ownership commercial property that are served by a commonly managed waste and recycling collection system. Any business served by a separate collection system must submit an individual plan covering that business. A plan must demonstrate how the business(es) will recycle or reduce the amount of solid waste going to disposal facilities with the goal of reducing solid waste for disposal by at least 70% annually, by weight. Each business covered by the plan must maintain a copy of the plan on the premises. (B) Plan updates. A business must update its plan if there are changes to the waste reduction and recycling activities of the business or if required as a result of revisions to these regulations. (C) Contents of plan. The waste reduction and recycling plan must be submitted electronically or on forms provided by the Department and must include the following: 1. A description of the business, including: a. Name and address of the property owner and the reporting business. b. Names of all entities affiliated with the business, including any parent and subsidiary business. c. Number of full-time and part-time employees. d. Number of square feet occupied by the business. e. The activities conducted by the business. 2. A description of the business’ current solid waste generation, including: a. Estimated tonnage of all solid waste produced. b. Identification of recyclable solid waste defined in subsection (c)(3) above. 3. A description of the business’ waste reduction and recycling methods. 4. Name(s) of the person(s) responsible for coordinating recycling and waste reduction activities, preparing the annual report, and for responding to the Department on actions concerning implementation and enforcement of these regulations. 5. Name and telephone number of the licensed collector responsible for collecting the materials to be recycled and sites where materials are delivered. (6) Requirement for an annual report on waste reduction and recycling activities. (A) Applicability. 1. Large businesses. Each year all large-sized businesses must prepare and submit to the Department, on or before February 1, annual waste reduction and recycling reports covering the previous calendar year. 2. Medium-sized businesses. Each year, all medium-sized businesses must prepare and submit to the Department, on or before March 1, annual waste reduction and recycling reports covering the previous calendar year. 3. Small businesses. Small-sized businesses must prepare and begin submission of initial annual waste reduction and recycling reports within 60 days from receipt of a written request for reports from the Department. From that time forward, each year, all of these small businesses must prepare and submit to the Department, on or before March 1, annual waste reduction and recycling reports covering the previous calendar year. 4. Property owner of multi-tenant facilities. Owners of multi-tenant facilities must file annual waste reduction and recycling reports covering facilities in their entirety, and including information for all tenants. Each year, owners must prepare and submit to the Department, on or before March 1, annual waste reduction and recycling reports covering the previous calendar year. 5. Property owners in common ownership commercial properties. The governing body representing owners of a common ownership commercial property must submit a single waste reduction and recycling report which covers all businesses within that common ownership commercial property that are served by a commonly managed waste and recycling collection system. Any business within a common ownership commercial property served by a separate collection system must submit an individual report covering that business. Each year, the governing body and owners must prepare and submit to the Department, on or before March 1, annual waste reduction and recycling reports covering the previous calendar year. (B) Review Process. Annual reports will be reviewed, field verified and audited by the Department through on-site evaluation. (C) Contents of the report. The annual report must include the following information on waste reduction and recycling activities conducted between January 1 and December 31 of the previous calendar year: 1. Any change in the description of the business as submitted in the waste reduction and recycling plan or most recent annual report, including: a. The purpose of, and activities conducted by, the business. b. The number of full-time and part-time employees associated with the business. c. The number of square feet occupied by the business. 2. Identification of the total annual tonnage of solid waste generated and the annual tonnage of each type of material being reduced or recycled. 3. Name and telephone number of the licensed collector responsible for collecting the materials to be recycled and sites where materials are delivered. 4. If recyclable materials are self-hauled to a recycling facility, the business must obtain scale house tickets and provide these as documentation of quantity recycled for reporting requirements. In the event that scale house tickets are not obtainable, receipts or other proof of quantity recycled may be substituted. 5. A description of the progress in waste reduction and reuse efforts undertaken by the business. 6. A description of the property owner’s, property management’s, business condominium association’s or business’ efforts to educate tenants and/or employees about its recycling program. (D) Certification. All reports and plans must be signed by a person authorized to bind the business, and must certify that the information is correct to the best of his/her knowledge. Examples of authorized persons include a corporate officer (President, Vice-President, Chief Administrative Officer, Chief Operating Officer or their designee) or owner of the business. (7) Containers. The owner or operator of each business must place containers for all required recyclable materials in adequate sizes and quantities in each location where trash containers are located, and must clearly label each container to indicate the appropriate material(s) to be placed inside for recycling. All solid waste and recycling containers for the collection of solid waste and recyclable materials must be located within reasonable and convenient proximity to all buildings and other uses on-site as recommended by the Department. In addition, any business that sells or provides food or beverages in recyclable containers for on-site consumption must provide an adequate size and number of recycling containers for use by consumers, and wherever vending machines dispensing products in recyclable packaging are located, recycling containers for those materials must be located in close and convenient proximity. (8) Property owner of commercial properties and business condominium associations. Property owners must make recycling collection service and storage space for recyclable solid waste available to tenants in compliance with these regulations and Section 48-24 of the Montgomery County Code. (9) Collectors servicing commercial properties. (A) Collectors must collect, separate from waste and deliver to a recycling facility materials that have been source separated from the solid waste stream, unless the recyclable materials are not acceptable. If a collector determines that the recyclable materials are not acceptable then the collector must inform the generator or responsible agent either electronically or in writing using a form designated by the County, keep a copy on file, and send a copy to the Department. The collector must indicate the name of the business, name of the responsible agent notified, date, time, address, nature of the problem and suggested remedy and specify a collector contact name and telephone number for additional information. (B) Collectors must provide a copy of their current Montgomery County Collector’s License to each customer at least once annually, and must keep a copy of such notice and the date provided in their business records. If a copy has not yet been provided, and a customer requests one the collector must provide the customer with a copy of its license within 3 business days. (10) Contract Services. Businesses that contract for recycling collection service are required to use a Licensed Collector. (A) A business, regardless of employee size or type, when contracting for collection service of recyclable materials must use Licensed Collector with a valid and current license. (B) A business contracting for collection services with a Licensed Collector must maintain for inspection a copy of the Licensed Collector’s license. A property manager or responsible agent must produce a copy of the license upon request by the Department within 3 business days. (a) Responsibilities of the Department. (1) Forms. The Department must prepare any forms, as appropriate, that assist multi-family dwellings with 7 or more units and businesses in meeting the requirements of these regulations. (2) Confidentiality. Subject to applicable law, the Department must maintain the confidentiality of any information required to be provided in these regulations that identifies markets or customers. The Department must not, unless required by law to do so, disclose this information to third parties other than in nonspecific summary form in general recycling and solid waste analyses. This requirement does not prohibit the Department from using this information in preparing a summary analysis of waste reduction and recycling activities in the County. These regulations may be enforced in accordance with Montgomery County Code (2014), as amended, Section 48-49. This regulation must be construed liberally to permit the Department to effectuate the purposes of Article V (recycling) of Chapter 48 of the Montgomery County Code (2014), as amended, and the policies of the County's Comprehensive Solid Waste Management Plan.

The terms used are as defined in Chapter 48 of the Montgomery County Code and as defined in this section: (a) "Independent Collection Contractor" means any collector or hauler licensed under Chapter 48 to transport solid waste who has been authorized by agreement with the County to collect solid waste from single and double family dwelling units and multiple group dwellings with fewer than seven units within the collection and disposal district. (b) "Independent Collection Contractor Authorization" means the authorization of a collector or hauler to collect solid waste on behalf of the County from single and double family dwelling units and multiple group dwellings with fewer than seven units within the collection and disposal district pursuant to a Memorandum of Understanding entered into between the collector or hauler and the County. (c) "Solid Waste Management Charge" means solid waste disposal charge plus recycling charge and recycling collection charge. (d) "Transfer Station" means the Montgomery County Transfer Station located in Derwood, Maryland. Under Council Resolution 12-944, the entire County became a solid waste collection and disposal district. This regulation hereby divides the countywide collection and disposal district into two subdistricts to be known as Subdistrict A and Subdistrict B. (a) Subdistrict A consists of the collection and disposal district as it existed on March 31, 1993, and as may be amended from time to time as areas within the County are included in or excluded from Subdistrict A. (b) Subdistrict B consists of the remainder of the County, exclusive of municipalities, that is not included within Subdistrict A. (c) A map showing Subdistricts A and B is attached hereto as Exhibit A. Any changes to Subdistrict A or B must be reflected on maps maintained in the Department of Environmental Protection. Only the county or its contract agent may collect solid waste from single or double-family dwelling units or multiple-group dwellings comprised of no more than six dwelling units. The county and its contract agent are responsible for solid waste collection from the single and double-family dwelling units and multiple-group dwellings with fewer than seven dwelling units within the solid waste collection and disposal district. (a) Within Subdistrict A the County must provide, or cause to be provided, collection services one or more times per week. If the County provides, or causes to be provided, collection services one time per week for solid waste that is to be disposed of, and a resident desires more frequent collection for disposal, the County may authorize Independent Collection Contractors to provide additional collection services on behalf of the County. The Independent Collection Contractor may then enter into an agreement with a resident for additional collection beyond that which is otherwise provided. (b) Within Subdistrict B the County must provide, or cause to be provided, collection services one or more times per week. The County may provide collection services through an Independent Collection Contractor. The Independent Collection Contractor may enter into agreements with residents within Subdistrict B. Solid waste that is collected from residences within the solid waste collection and disposal district is collected on behalf of the County and must be delivered to the Transfer Station. The County bills residences within the Collection and Disposal District for the Solid Waste Charge. Independent Collection Contractors will not be required to pay a tip fee at the Transfer Station provided that they are not in breach of the Independent Collection Contractor Authorization and must not, in any event, bill residences within the Collection and Disposal District for any portion of the Solid Waste Charge. (a) Who may apply. Any company or person engaged in or to become engaged in the business of collecting solid waste as a licensed collector or hauler under Montgomery County Code 1984, as amended, section 48-19 may apply to be an Independent Collection Contractor. Only licensed collectors may be Independent Collection Contractors, provided that the person or company has not had a Memorandum of Understanding for Independent Collection Contractor Authorization terminated for default within the preceding twelve months and further provided that the collector is not in default of payment of any charges billed at the Transfer Station. (b) How to apply. To become an Independent Collection Contractor, a collector must submit to the Montgomery County Department of Environmental Protection a completed and executed Memorandum of Understanding for Independent Collection Contractor Authorization. The Memorandum of Understanding must not be modified unless such modifications have been approved by the Department of Environmental Protection and the County Attorney's Office. Upon execution of the Memorandum of Understanding by the Director of the Department of Environmental Protection, the collector will become an Independent Collection Contractor authorized to collect solid waste on behalf of the County from residences included in the Solid Waste Collection and Disposal District in accordance with the terms of the fully executed Memorandum of Understanding. (d) Effective Date. Effective August 31, 1993, any collector who desires to collect solid waste for disposal from residences within Subdistrict B of the Solid Waste Collection and Disposal District must submit an executed Memorandum of Understanding for Independent Collection Contractor Authorization. (e) Term. Provided that a collector is operating under a valid license issued under Montgomery County Code 1984 as amended, section 48-19, an Independent Collection Contractor Authorization is valid for one year from the date of execution of the Memorandum of Understanding by both the Independent Collection Contractor and the County, unless earlier terminated in accordance with the terms of the Memorandum of Understanding. Solid waste generated at residences within the Countywide Collection and Disposal District must not be commingled with solid waste generated by or at any other source. In addition to remedies available for breach of the Memorandum of Understanding, if an Independent Collection Contractor delivers a load of solid waste from residences within the Solid Waste Collection and Disposal District which is commingled with solid waste from sources outside of the Solid Waste Collection and Disposal District, the County may take enforcement action available for breach of County law or regulation. All collectors within the County collecting solid waste from residences within Subdistrict B of the Solid Waste Collection and Disposal District must provide the following notices to their customers, as stated below, or with equivalent alternative language acceptable to the Department of Environmental Protection. For existing customers the collectors must by August 31, 1993, notify residences within Subdistrict B of the Solid Waste Collection and Disposal District. EFFECTIVE WITH THE 1994 FISCAL YEAR BEGINNING JULY 1, 1993, YOUR HOUSEHOLD IS INCLUDED IN SUBDISTRICT B OF THE COUNTY'S SOLID WASTE COLLECTION AND DISPOSAL DISTRICT. EXCEPT FOR THE COLLECTION SERVICE PROVIDED BY OUR COMPANY, YOU WILL PAY FOR ALL SOLID WASTE SERVICES WITH YOUR TAX BILL. THIS REDUCES OUR COSTS BECAUSE AS OF SEPTEMBER 1, 1993, THE COUNTY WILL NO LONGER CHARGE OUR TRUCK A DISPOSAL FEE. THE COUNTY IS REQUIRING US TO ASSURE YOU THAT OUR BILLING COSTS TO YOU DO NOT INCLUDE ANY COUNTY DISPOSAL FEES. THE IMPACT OF THIS CHANGE ON YOUR BILL WILL BE: (fill in statement of billing impact). For new customers prior to commencement of service: YOUR HOUSEHOLD IS INCLUDED IN SUBDISTRICT B OF THE COUNTY'S SOLID WASTE COLLECTION AND DISPOSAL DISTRICT. EXCEPT FOR THE COLLECTION SERVICE PROVIDED BY OUR COMPANY, YOU PAY FOR ALL SOLID WASTE SERVICES WITH YOUR TAX BILL. THIS REDUCES OUR COSTS BECAUSE THE COUNTY DOES NOT CHARGE OUR TRUCK A DISPOSAL FEE. WE ARE REQUIRED BY THE COUNTY TO ASSURE YOU THAT OUR BILLING COSTS TO YOU DO NOT INCLUDE ANY COUNTY DISPOSAL FEES. This regulation may be enforced in accordance with Montgomery County Code 1984 as amended, section 48-30. If any portion of this regulation is found to be invalid by a court of competent jurisdiction, the remainder of this regulation will remain in effect. This regulation must be construed liberally to permit the department to effectuate the purposes of Chapter 48 and the County's Comprehensive Solid Waste Management Plan including council resolution 12-944. [CLICK HERE TO VIEW EXHIBIT A.]

The terms used are as defined in Chapter 48 of the Montgomery County Code, and as may be amended, and as defined in this section: (a) “Acceptable for Disposal” means solid waste excluding recyclables which is otherwise appropriate for handling at a solid waste acceptance facility. (b) “Recyclables” means materials of the type required to be recycled pursuant to any regulation issued under Chapter 48. (c) “Disposal Facility” means the Montgomery County Transfer Station or any location operated by the County which accepts solid waste for disposal. (d) “Recycling Facility” means a facility which is able to accept and process recyclable materials in accordance with customary standards and applicable law. (e) “Registration” means, for the purposes of this regulation, a permit issued for a vehicle authorized to transport or collect solid waste. (a) Collectors must separately collect waste set out for disposal from materials set out in separate containers for recycling collection. If the same vehicle is used to collect both types of waste (e.g. split body) then the separation must be maintained during collection, transportation and off-loading at respective Disposal and Recycling Facilities. (b) Any Collector who observes, or reasonably should have observed, recyclables in solid waste that have been set out for disposal must, notify the customer responsible by mailing notice of the problem to the customer on the same or following business day and on the same day mail a copy of the customer notice to the Department. In lieu of mailing copies to the Department, collectors having credit accounts with the Department may file electronic reports using their billing account on the Department’s web site in a format specified by the Department for that purpose, but only if the collector transmits the electronic notice no later than the next business day following the date of the incident and provided that the collector retains paper copies of electronic notices for inspection by the County for at least three years at the collector’s place of business. Each such notice under this paragraph, whether written or electronically transmitted, must be in a format designated by the Department, indicate the service location, name of the responsible agent notified, date of the offending observation, specific type of recyclables observed, suggested remedy, and a collector contact name and phone number for additional information. (c) Collectors must not collect recyclables observed, or which should reasonably have been observed, to be mixed in with trash set out for disposal without posting the notices as described above. (a) Haulers, collectors and other persons must deliver solid waste acceptable for disposal only to disposal facilities. (b) Haulers, collectors and other persons must not deliver solid waste acceptable for disposal to any recycling facility. (c) Haulers, collectors and other persons must deliver recyclables acceptable for recycling only to recycling facilities. (d) No hauler, collector or other person, may deliver for disposal to any solid waste acceptance facility any solid waste that is acceptable for recycling. (a) All loads brought to a County acceptance facility may be subject to inspection. (b) Collectors who deliver for disposal recyclables mixed in with a load of material otherwise acceptable for disposal, must, immediately upon request, identify to the transfer station attendant the name(s) and corresponding service location(s) it will be sending notices to under 48.00.05.02(b), above related to the subject load. (c) At any time during its collection or off-loading activities, upon the request of the Director, collectors must immediately provide an accurate and legible list of all customer locations from which waste was collected for the loan carried at the time of the request. (d) In addition to any other requirements herein, haulers and collectors delivering solid waste for disposal to the County Transfer Station in open-top roll off boxes, must accurately declare to the scale house attendant if the load originated from a construction, demolition, renovation or land clearing project site. The method of declaration shall be as specified by the Department. (a) Except as may be necessary to investigate and bring enforcement actions against the collector and its customers, the Department shall make reasonable efforts to preserve the confidentiality of customer lists and other information of a proprietary nature received from a collector provided herein if requested by the collector in order to prevent the disclosure of proprietary information to disinterested third parties. (b) Nothing herein shall prohibit the Department from using any information obtained from the operation of this regulation in preparing a summary analysis or for the purposes of assisting the County in identifying potential sources of recyclables delivered in loads of solid waste otherwise acceptable for disposal. (a) These regulations shall take effect immediately upon adoption except that no fines may be assessed for violations of 48.00.05.02(b), 48.00.05.02(c), 48.00.05.03(c), 48.00.05.03(d), 48.00.05.04(b), and 48.00.05.04(c) for a period of one year from the date this regulation takes effect. Fines may be assessed for all other provisions of this regulation immediately upon adoption. (b) In addition to any other relief under the Code or these regulations that may be available, compliance with these regulations is a condition of registration issued under Section 48-20 of the County Code. Violations of these regulations may, in the Director’s discretion, provide a basis for revocation, suspension or non-renewal of registration. (c) These regulations may be enforced in accordance with Montgomery County Code 1994, as amended, Section 48-49. This regulation must be construed liberally to permit the Department to effectuate the purposes of Chapter 48 of the Montgomery County Code (1994), as amended, the policies of the County’s Comprehensive Solid Waste Management Plan, and Council Resolution 15-608.

The definitions in Chapter 48 of the Montgomery County Code are incorporated herein. The following phrases are defined below: (a) “District” means the Solid Waste Collection and Disposal District, which includes all unincorporated areas of the County. (b) “Independent Collection Contractor” means any Collector licensed under Chapter 48 to transport solid waste that has been authorized by agreement with the County to provide Residential Collection within the District. (c) “Independent Collection Contractor Authorization” means a memorandum of understanding entered into between a Collector and the County authorizing a Collector to provide Residential Collection within the District on behalf of the County. (d) “Residential Collection” means refuse collection from single and two-family dwellings and from multifamily buildings with fewer than seven (7) dwelling units. (e) “Solid Waste Charge” means a charge established under Section 48-32(b)(1). (f) “Transfer Station” means the Montgomery County Shady Grove Processing Facility and Transfer Station located in Derwood, Maryland. This regulation hereby divides the District into two subdistricts to be known as Subdistrict A and Subdistrict B. (a) Subdistrict A consists of those areas of the District where the County or its contractor provides Residential Collection. (b) Subdistrict B consists of those areas of the District that are not included within Subdistrict A. Only the County or its Independent Collection Contractor may provide Residential Collection in the District. (a) Within Subdistrict A, the County must provide, or cause to be provided, Residential Collection one or more times per week. If the County provides, or causes to be provided, Residential Collection one time per week, and a resident desires more frequent collection, an Independent Collection Contractor may provide additional Residential Collection services on behalf of the County. Only an Independent Collection Contractor may enter into an agreement with a resident for additional collection beyond that which is otherwise provided. (b) Within Subdistrict B, the County must provide, or cause to be provided, Residential Collection one or more times per week. The County may provide Residential Collection through an Independent Collection Contractor. Only an Independent Collection Contractor may provide Residential Collection in Subdistrict B. Solid waste that is collected from residences within the District is collected on behalf of the County. The County bills residences within the District under Section 48-32(b)(3). Independent Collection Contractors will not be required to pay a Solid Waste Charge at the Transfer Station provided that they are not in breach of the Independent Collection Contractor Authorization and must not bill residences within the District for any portion of the Solid Waste Charge. The Maryland Department of the Environment issues a Refuse Disposal Permit for the Shady Grove Processing Facility and Transfer Station. This permit lists certain waste materials that the County is prohibited from accepting. The Independent Collection Contractor must properly handle, transport and dispose of any such prohibited waste materials, regardless of their origin or type, and must not deliver such materials to the Transfer Station. The Independent Collection Contractor must pay all costs that the County incurs to remove prohibited waste materials that the Independent Collection Contractor delivers to the Transfer Station. (a) Who may apply. Any company or person engaged in or to become engaged in the business of collecting solid waste as a licensed collector under Section 48-19 of the Montgomery County Code 2004, as amended, may apply to be an Independent Collection Contractor provided that the person or company has not had a Memorandum of Understanding for Independent Collection Contractor Authorization terminated for default within the preceding twelve months and further provided that the collector is not in default of payment of any charges billed at the Transfer Station. Only a licensed collector may be an Independent Collection Contractor. (b) How to apply. To become an Independent Collection Contractor, a collector must submit to the Montgomery County Division of Solid Waste Services a completed and executed Memorandum of Understanding for Independent Collection Contractor Authorization. Upon execution of the Memorandum of Understanding by the collector and the Chief of the Division of Solid Waste Services, the collector will become an Independent Collection Contractor authorized to collect solid waste on behalf of the County from certain residences in the District in accordance with the terms of the Memorandum of Understanding. (c) Term. Provided that a collector is operating under a valid license issued under Section 48-19 of the Montgomery County Code 2004, as amended, an Independent Collection Contractor Authorization is effective on the date of execution of the Memorandum of Understanding by both the Independent Collection Contractor and the County and remains in effect unless earlier terminated in accordance with the terms of the Memorandum of Understanding. Solid waste generated at residences within District must not be commingled with recyclables or with solid waste generated by or at any other source. In addition to remedies available for breach of the Memorandum of Understanding, if an Independent Collection Contractor delivers a load of solid waste from residences within the District which is commingled with recyclables or with solid waste from sources outside of the countywide collection and disposal district, the County may take any enforcement action authorized by County law or regulation. The County may, in its discretion, terminate the Memorandum of Understanding upon forty-five (45) days written notice to the Independent Collection Contractor. If any portion of this regulation is found to be invalid by a court of competent jurisdiction, the remainder of this regulation will remain in effect. This regulation must be construed liberally to permit the department to effectuate the purposes of Chapter 48, the County’s Comprehensive Solid Waste Management Plan, and Council Resolution 12-944.

This regulation adopts minimum requirements, standard conditions and enforcement measures for use of the County’s public rights-of-way in construction work zones: (a) minimum requirements that verify the proposed construction related use of the County’s public right-of-way does not adversely affect the public usage, unreasonably impede the use of a sidewalk or other right-of-way by pedestrians, bicyclists or persons with disabilities, impede or endanger automobiles or other vehicles, nor adversely affect public safety (b) standard conditions and procedures for permit applications and the use of public rights-of-way in construction work zones, including appropriate temporary traffic control measures; and (c) enforcement measures, necessary to maintain public safety. This regulation applies to construction work zones that are in or affect the County’s public rights-of-way and any related public improvement easements. This regulation does not apply to work zones exclusively located on private property and do not affect the County’s public rights-of-way. Except as provided in this regulation, procedures for application, implementation, review, approval, denial, and appeal are the same as the procedures for right-of-way permits under Chapter 49 of the County Code. BIKEWAY FACILITY includes bike lanes, cycle tracks, and any other facility intended for the explicit use of bicyclists. COVERED WALKWAY means a wood or metal scaffolding-type structure constructed to protect pedestrians and bicyclists adjacent to a construction work zone that involves overhead work. DETOUR means a temporary sidewalk closure, with clear signage, directing pedestrians and bicyclists to a PROWAG-compliant safe alternative path. MAINTENANCE OF TRAFFIC ROW PERMIT means a right-of-way permit for a temporary closure caused by the relocation of pedestrian, bicyclist and transit user passage under an approved temporary traffic control plan. PASSAGEWAY includes a sidewalk, pedestrian walkway, bikeway facility and road intended for public passage. SAFE ALTERNATIVE PATH means a PROWAG-compliant alternate walkway or shared use path in the right-of-way on the same side of the street as the temporary closure that provides safe access and passage to pedestrians, bicyclists and transit users. The preferred methods include the use of parking lanes, curb lanes or vehicular travel lanes to maintain this path. SIDEWALK means any portion of the right-of-way of a County road or street that is expressly intended as a pedestrian walkway. Typically, a sidewalk is made of concrete, asphalt or streetscape brick paver pathway and is located between the road or street surface or curb line of a road or street and the abutting property. TEMPORARY CLOSURE means a temporary obstruction, blockage, or occupation of a right-of-way. Generally, it is the intent of Chapter 49 of the Montgomery County Code that passageways are to remain open for pedestrians, bicyclists and transit users. When a construction work zone impacts the mobility or safety of a pedestrian, bicyclist or transit user on a public right-of-way, then a temporary right-of-way closure permit is required in order to alter the existing conditions of a passageway. The Montgomery County Department of Permitting Services (MCDPS) is responsible for reviewing plans and specifications for right-of-way permits and administering, interpreting, and enforcing construction codes, laws and regulations governing temporary occupations of the public rights-of-way. In evaluating whether to allow a safe alternative path to the existing passageway, MCDPS will consider the specific phase and type of construction activity that is occurring on the abutting property or right-of-way and the location of the construction activity. See Table 1 The closure of a passageway is deemed a last resort. Pedestrian and bicyclist mobility must be accommodated within the existing passageway unless the permittee can demonstrate that passage cannot be made safe. When closure of an existing passageway is required for public safety, a Maintenance of Traffic ROW Permit is required. When a closure is authorized, the closure may be conditioned with specific requirements to mitigate the closure. Permit requirements may include limiting closures to work hours only, requiring additional flaggers to assist pedestrians, bicyclists, and transit users, or restricting closures to specific phases of construction. 1. POTENTIAL HAZARD TO THE PUBLIC. Limited duration closures may be granted for specific phases of a project unless allowing the existing passageway to remain open could present a hazard to the public. See Table 1 for specific phase guidance. 2. CONSIDERATION OF PROPOSED USE. Limited duration closures may be granted during the construction of right-of-way infrastructure, including street improvements, utility service connections, and street and sidewalk restorations. TABLE 1 RIGHT-OF-WAY ACCESS BY CONSTRUCTION TYPE PHASE OF CONSTRUCTION | OPEN PEDESTRIAN WALKWAY | SAFE ALTERNATIVE PATH | DETOUR When the existing passageway remains open adjacent to a construction work zone, the following tables (Table 2 and Table 3) may be used as a guide for the minimum requirement for public safety abutting building demolition, excavation, and construction. TABLE 2 – HEIGHT OF CONSTRUCTION AND DISTANCE FROM PEDESTRIAN WALKWAY HEIGHT OF CONSTRUCTION | DISTANCE OF CONSTRUCTION FROM PEDESTRIAN WALKWAY | MINUMUM PROTECTION REQUIRED Eight feet (8') or less | Less than five feet (<5') | Open walkway with secure construction fencing a minimum of six feet (6') in height. No portion of the fencing may project into the clear pedestrian walkway or bikeway facility. Five feet or more (>5') | Open walkway with secure construction fencing a minimum of forty-two inches (42") in height. No portion of the fencing may project into the clear pedestrian walkway or bikeway facility. More than eight feet (>8') | One-quarter of the height of the construction or less | Fence and covered walkway More than one quarter height of construction | Open walkway with secure construction fencing a minimum of six feet (6') in height. No portion of the fencing may project into the clear pedestrian walkway or bikeway facility. Table 3 – TYPE OF EXCAVATION AND DISTANCE FROM PEDESTRIAN WALKWAY TYPE OF EXCAVATION | DISTANCE OF EXCAVATION FROM PEDESTRIAN WALKWAY | MINIMUM PEDESTRIAN PROTECTION REQUIRED Trenching for utilities | The public must be kept a minimum of two feet (2') from excavation while maintaining 3 feet (3') minimum clear pedestrian walkway for short distances and six feet (6') minimum for extended distances. | Open walkway with secure construction barricade or fencing a minimum of forty-two inches (42") in height. No portion of the barricade or fencing may project into the clear pedestrian walkway or bikeway facility. Mass excavation for utility structures or buildings | The public must be kept a minimum of four feet (4') from the excavation while maintaining six feet (6') minimum clear pedestrian walkway or bikeway facility | Open walkway with secure construction fencing a minimum of six feet (6') in height. No portion of the fencing may project into the clear pedestrian walkway or bikeway facility The application must minimize the inconvenience to the public and assure public safety under the following rubric: 1. Provide the public with safe passage on the existing passageway using the following standards: a. WIDTH. The passageway should have a clear and unobstructed width of not less than six feet (6'). When pedestrian volumes are significant, a greater minimum width of unobstructed passage may be required. When pedestrian volumes are low pedestrian volumes, a minimum width of three feet (3') may be authorized for short distances in order to accommodate existing sidewalk width or such obstructions as trees, street furniture, pay stations, parking meters, fire hydrants, bicycle facilities and other permanent structures. ADA warnings for site obstructions, such as detectable kickboards around structures, must be installed. (2010 ADA Standards Section 403.5.1) b. HEIGHT. Passageways must have a clear and unobstructed height of not less than eight feet (8'). Objects projecting into the passageway with their leading edges between twenty-seven and eighty inches above the walkway may not protrude more than four inches (4") into the corridor. (2010 ADA Standards Section 307.2) c. FLOOR. Generally, the sidewalk or road surface may serve as the floor of the passageway. Structural floors are not required unless needed to cross an opening, mitigate a newly constructed obstruction in the passageway, or to comply with ADA and PROWAG requirements. The sidewalk, road surface, or structural floor must be solid, slip-resistant, and well drained so that the public does not travel through ponded water. If the road surface is uneven, it must be leveled using asphalt patching. The transition between the temporary passageway surface and the sidewalk must be without: i. abrupt grade breaks or changes in elevation exceeding one-quarter inch (1/4"); ii. slope greater than 8 percent; and iii. cross-slope no greater than 2 percent (one-quarter inch for every 1 foot). Changes in elevation between one-quarter inch (1/4") and one-half inch (1/2") must be beveled at a 45-degree angle. d. FENCES. Construction fences must meet the following minimum requirements: i. FENCES ON CONSTRUCTION FACING SIDE. When required, fences must be continuous along the full length of the construction site where it abuts a County right-of-way. Fences must be properly anchored chain-link fencing (ground mounted preferred) or concrete or water-filled barriers with chain-link fencing. The fence must be at least six feet in height, unless otherwise specified in Tables 2 and 3. If construction or demolition activity may create flying debris or otherwise affect the public, then chain-link fencing is not permitted. The fencing must be solid and tight. Protective screening is required at all points of entry and exit and at all view holes. If the fencing is within thirty feet (30') of a street intersection or corner, any portion of the fence over three feet (3') in height must be made of a material that protects against flying debris and other construction work zone dangers and allow for traffic visibility. ii. OPEN WALKWAY WORKSITE FENCING. Where the existing passageway abutting the worksite is a pedestrian walkway or bikeway facility, properly anchored chain link fencing (ground mounted preferred), concrete or water-filled barriers with chain-link fencing, or alternative as approved by MCDPS must be placed along the entire length of the walkway side abutting the worksite. See Table 2 and Table 3. If the requirements of these Tables cannot be met, a safe alternate route or detour may be authorized. iii. FENCE FOOTINGS. It is the preferred method that fencing posts be ground mounted. Where fence footings are present, they must be oriented and demarcated so as not to create a tripping hazard or impede public passage. Footings must not protrude into the minimum free and clear passageway width as provided in this regulation. iv. GATE. Any gate in the fence must swing away from the passageway and towards the construction work zone. Sliding gates may also be used. Gates must be securely fastened in a closed position when not in use. 2. If safe passage on the existing passageway is not practical, a safe alternative path on the same side of the street must be provided within the public right-of-way. This may require the closure of a curb lane or parking lane. The safe alternative path must replicate to the maximum extent possible the characteristics of the existing passageway as noted in subpart 1 and adhere to the following additional standards: a. ELECTRICAL LIGHTING. The public access area must be continuously well-lit between sunset and sunrise, and other times as necessary to illuminate the area. Additional lighting may be required at ADA transition points and crosswalks. An Electrical Permit may be required. b. SIGNAGE. Advanced signage alerting the public of the available safe alternative pathway is required. The safe alternative path must be clearly marked, including advanced warning at crosswalks before the safe alternative path. If the safe alternative path or detour is less than eight feet (8') in width, signage must be placed at all ingress and egress transition tapers and contain appropriate directional arrows. The signage must also direct bicyclists to dismount from their bicycles. Signs must not be placed in a manner that obstructs public access. If sign stands are used for a period longer than 48 hours, they are to be cane-detectable and properly ballasted. c. SAFETY BARRIERS. A passageway that abuts a vehicular travel lane must be protected by either water-filled or concrete barriers. Water-filled barriers may be used along roads with posted speeds of 25 MPH or less. Water filled barriers must be filled to manufacturer specifications. Concrete barriers must be used along roads with posted speeds above 25 MPH. Concrete barriers must have proper attenuation to protect blunt ends from vehicular traffic. All barriers must have delineation reflectors installed in accordance with MCDOT traffic control standards. (MCDOT Work Zone Temporary Traffic Control Standards, July 2014; Standards TCP-109.01 and TCP-109.02) d. ADA COMPLIANCE. All passageways constructed under this section must comply with the Americans with Disabilities Act (2010 ADA Standards for Accessible Design). This includes but is not limited to the following: i. DETECTABLE SURFACES. A continuous cane detectable surface or kickboard system must be provided on both sides of pedestrian walkway ingress and egress and for the length of the pedestrian access. Detectable guards must also be provided to warn of potential hazards and restricted access. ii. MAINTAINING REACH. Access to pedestrian crossing signal buttons must be maintained with an unobstructed high forward reach of forty-eight inches (48") maximum, and a low forward reach of fifteen inches (15") minimum above the ground. (ADA 2010 Chapter 3, section 308) iii. ADA RAMPS. Ramps must meet the most current ADA requirements, including the addition of detectable warning surfaces at the top and bottom of the ramp and installation of companion ramps where necessary. Requirements include but are not limited to constructing ramps that are stable, slip resistant and are compliant in slope and counter slope. All ramps with a rise of greater than six inches must be constructed with handrails on both sides of the ramp. (2010 ADA Chapter 4, section 405.8). Prefabricated curb ramps are the preferred standard. On-site designed curb ramps using wood or hot mix asphalt at ingress and egress locations may be approved by MCDPS as an alternative. Both prefabricated and on-site designed ramps must include the following: 1. Flush transition at the top and bottom of the ramp; 2. Detectable base boards and/or warning surfaces at the top and bottom of the ramp; 3. Uniform and slip resistant surface; 4. Handrail or board edge installed on inside edge, where the transition height exceeds six inches; 5. Slopes and landing to meet ADA requirements to the maximum extent feasible; 6. Ramp edges highlighted with reflectorized material. (2010 ADA Chapter 4, section 4.2.5); and 7. Nighttime visibility of the ramp with proper lighting must be maintained throughout the ramp’s use. e. TRANSIT ACCESS. Passageways must be designed to maintain ADA-compliant access to any operating bus stop or bus shelter. (2010 ADA Chapter 8, section 810.2.3) If the safe alternative path abuts the construction work zone but is not on the existing passageway, the access must meet the minimum requirements of this regulation. Where a general-purpose parking lane exists in the right-of-way and abuts the worksite, the parking lane shall be the preferred safe alternative path unless another passageway is permitted by this regulation. 3. Where safe passage is not possible on the existing passageway or on a safe alternative path under subparts 1 and 2, MCDPS may authorize the temporary closure of the existing passageway with a detour across the street from the construction work zone. To direct the public the to detour, proper advance signage must be provided in good condition, and must not intrude into or obstruct the usable width of the passageway. Access to the detour should be from the nearest existing crosswalk. However, MCDPS may authorize mid-block crossings in certain circumstances. Special requests to temporarily close an existing passageway, and requests for mid-block crossings, will be determined on a case-by-case basis. Such requests must contain detailed, documented justification and will only be granted as a last resort. a. Notice of Temporary Closure. If the temporary closure is required outside of the construction work hours as stated in the Maintenance of Traffic ROW Permit for a time period greater than fifteen (15) days, a legible and weather-resistant sign must be clearly posted at the closure indicating the Maintenance of Traffic ROW Permit number, the date the passageway is to be reopened, and to contact the MCDPS Work Zone Field Supervisor and the Construction Project Manager for the site for further information. b. Mid-block Crosswalks. Directing the public to use the nearest crosswalk is recommended. If the distance to the nearest crosswalk is greater than 200 feet or land uses in the area make rerouting the public to the nearest crosswalk infeasible, a mid-block crossing may be considered. Where a mid-block crossing is permitted, the crossing must incorporate, at a minimum, all traffic control devices including signs, pedestrian markings, beacons or traffic signals recommended by MCDOT. 4. It is the intent of this regulation that all existing passageways remain open and meet PROWAG requirements. When determining whether it is practical to require either the protection of the existing passageway or to permit a safe alternative path or detour, the Director of MCDPS may evaluate the following factors, among others: a. The purpose of the proposed use; b. Pedestrian, bicycle, and vehicular traffic patterns; c. The need to use the existing or abutting right-of-way; d. The impact on public safety, health and welfare, or the provision of public services of using a protected existing passageway versus a safe alternative path versus a detour; e. The impact on adjoining businesses, bus stop(s), or public transit route(s); f. Active existing or proposed construction activity with pedestrian, bicyclist and transit user mobility impacts within a reasonable distance of the affected sidewalk or bike lanes/cycle tracks, as determined by the reviewer; g. The nature and duration of the construction activity; and h. The terrain and other site conditions. 5. The Director may require the applicant to revise plans to confine the proposed use of the passageway to an area the Director finds to be consistent with public safety and use of the street for travel and transportation. 6. In cases where a proposed use of the right-of-way conflicts with another permitted activity in the right-of-way, the Director will require the various permittees to coordinate their use of the right-of-way in order to minimize the impact on public use and maximize safety. For example, the Director may delay the start date of a permit to lessen potential conflicts among various construction activities. Where a sidewalk is temporarily closed and the public is redirected to a pedestrian walkway that does not abut the construction work zone, the detour must meet the general requirements of this regulation. The following conditions also apply: 1. DETOUR CHANNELIZATION AND BARRICADES. Channelization and barricades must not impede sight distance at corners or block access to any pedestrian button, signal, or ADA infrastructure. 2. DETOURS WITH CROSSWALK CLOSURES. Where crosswalks are closed, water-filled barriers that extend the full width of the crosswalk with “CROSSWALK CLOSED” (24" x 12") signage attached is the preferred standard. Where space limitations or other conditions make a water-filled barrier impractical, MCDPS may authorize a properly ballasted cane-detectable Type III barricade that extends the full width of the sidewalk. A “CROSSWALK CLOSED” (24" x 12") sign must be attached to the Type III barricade. 3. INTERSECTION DETOURS. Intersection closures must not impede sight distance at the intersections. A “SIDEWALK CLOSED AHEAD, CROSS HERE” (24" x 18") sign mounted on a properly ballasted cane-detectable Type III barricade must be located in advance of the closure. The Type III barricade must not encroach on the minimum width for pedestrian access. A “SIDEWALK CLOSED” (24" x 12") sign must be attached to water-filled barrier or a properly ballasted cane-detectable Type III barricade at the point of closure. 4. MID-BLOCK CLOSURES. Where a mid-block closure is authorized, a “SIDEWALK CLOSED AHEAD, CROSS HERE” (24" x 18") sign on a properly ballasted cane-detectable Type III barricade must be located at the preceding crosswalk in advance of the mid-block closure. The type III barricade must not encroach on the minimum width for pedestrian access. A “SIDEWALK CLOSED” (24" x 12") sign must be attached to water-filled barrier or a properly ballasted cane-detectable Type III barricade at the point of closure. The “SIDEWALK CLOSED” barrier must extend the full width of the sidewalk. Where safety or other conditions require closure of the existing passageway at an intersection, the closure must meet the minimum requirements set forth in this regulation. The following conditions also apply: 1. CORNER WORK INTERSECTION CLOSURES. Where intersections are closed, a safe alternate path must be established in the parking lane if one exists. The public must not be directed onto a closed crosswalk. The barrier must run the length of the safe alternative path. A “SIDEWALK CLOSED” (24" x 12") sign must be placed on a properly ballasted cane-detectable Type III barricade in advance at the preceding side of intersection and at the site. 2. CORNER WORK CROSSWALK CLOSURES. Where crosswalks are closed, except as described, water-filled barriers that extend the full width of the crosswalk must be used. However, where space limitations or other conditions make a water-filled barrier impractical, MCDPS may authorize a properly ballasted cane-detectable Type III barricade that extends the full width of the crosswalk. A “CROSSWALK CLOSED” (24" x 12") sign must be attached to each corner work crosswalk closure barrier. 3. COVERED WALKWAY AT CORNERS. A covered walkway must not impede the sight distance at corners or block access to any pedestrian button, signal, or ADA infrastructure. Additionally, a covered walkway must not impede bus and other heavy-vehicle mirror encroachments or a three-foot (3') door swing radius if adjacent parking is allowed. 4. ADA LANDING ACCOMMODATION. The ADA requires corner landings to be a minimum of five feet (5') in length and five feet (5') in width. The corner landing must remain clear and provide unobstructed access to all pedestrian crossing signals. Where safety or other conditions require a covered walkway, the covered walkway must meet the general requirements for walkway width, floor, signage, and ADA accessibility set forth in this regulation. The following minimum conditions also apply: 1. SPECIFICATIONS AND DRAWINGS. The application for a right-of-way permit must be accompanied by copies of specifications and plans drawn to scale, with sufficient clarity and detailed dimensions, to facilitate a structural review of the roofs and supporting structures of the covered walkways, which must not exceed two stories above grade. The covered walkway must be designed for seventy-five pounds per square foot (75 PSF) live load or the load imposed if used for staging, whichever is greater, and be of sufficient width to prevent persons and materials from falling. The specifications and plans must be designed, signed, and sealed by a professional engineer registered in the State of Maryland. When the building abutting the covered walkway is more than two stories, a Building Permit is required for the covered walkway. The loading for the covered walkway must be project specific and the specifications and plans must be designed, signed, and sealed by a professional engineer registered in the State of Maryland who is familiar with the abutting project. Covered walkways must be designed to support all imposed loads if used for staging, be of sufficient width to prevent persons and materials from falling, and in no case may the design live load be less than one hundred-fifty pounds per square foot (150 PSF). All imposed loads which are utilized in the design must be clearly stated in the structural documents along with the drawings showing the support system plan, sections, details, and anchorage to the ground (IBC 3306.2 and 3306.7). The structure must be braced sufficiently or anchored to the building so that it will not fall, be blown about, or otherwise collapse. The Maintenance of Traffic Plan must show the covered walkway footprint including the ingress and egress for the walkway. 2. ADA COMPLIANCE. All covered walkways must provide an ADA accessible pedestrian route in accordance with the Americans with Disabilities Act (2010 ADA Standards). This includes but is not limited to: constructing structural floors when required (See “FLOORS” below) that have a surface that is firm, stable, slip-resistant, and that is compliant in slope, counter slope, vertical clearances, turning radii, and surface irregularities; providing compliant ramps connecting the structural floor to an existing ADA accessible route; and implementing sufficient measure to ensure the safety and welfare of the pedestrians traversing the site. All ramps with a rise greater than six inches (6") must be constructed with handrails on both sides of the ramp. 3. RAILING. A continuous handrail must be installed along at least one side of the walkway to aid pedestrians. The handrail must comply with the requirements of ADA. The top of the railing must be between thirty-four inches and thirty-eight inches (34"-38") above the walkway floor and be capable of withstanding a fifty-pound (50 LBS) load per linear foot applied horizontally to the top rail. 4. TRANSIT ACCESS. The covered walkway must be designed to maintain ADA-compliant access from the sidewalk to any operating bus stop or bus shelter. (2010 ADA Section 810.2.3) 5. ELECTRICAL LIGHTING. The interior of the covered walkway area must be continuously well-lit between sunset and sunrise, and at other times as necessary to illuminate the area. Lighting must be one-hundred-watt (100W) bulbs or equivalent, enclosed in vandal-resistant fixtures, and spaced at a maximum of sixteen feet (16') on-center and eight feet (8') minimum above the floor level. If the ingress/egress of the covered walkway is within thirty feet (30') of a crosswalk, then additional lighting may be required to illuminate the crosswalk. An Electrical Permit is required when no lighting source is present. 6. FLOOR. Structural floors are not required unless needed to cross an opening or obstruction in the sidewalk, to comply with requirements of the ADA. Otherwise, the sidewalk or road may serve as the floor of the covered walkway. Any structural floor provided must be firm, treated with a non-slip coating, provide adequate drainage, and must comply with the ADA requirements (See ADA COMPLIANCE above). 7. ROOF. The roof must be designed to carry the loads imposed upon it, provided the minimum live load to be used in design must not be less than seventy-five pounds per square foot (75 PSF) for buildings less than two stories above grade and one hundred-fifty pounds per square foot (150 PSF), uniformly loaded, for buildings of greater height. The roof must be tightly boarded with a covering of roofing paper or other material to prevent water from falling through. If materials are stored or work is done from the roof of the walkway, the roof must have sufficient strength to support the weight to be placed upon it, sufficient width to prevent persons and materials from falling, and the roadway side must have a barrier that extends one foot (1') above the roof or as high as needed to contain the material stored on the roof. 8. HEIGHT. Covered walkways must have a clear and unobstructed ceiling height of not less than eight feet (8') vertical above the walkway floor. 9. WIDTH. Covered walkways must have a clear unobstructed width of not less than five feet (5'). In urban areas, the minimum width is six feet (6'). The Director may increase the minimum widths depending on the existing pedestrian walkway and volume of users. Width is measured from wall to wall or handrail to handrail. Covered walkways must not allow unprotected passage along the sidewalk on either side of the covered walkway. 10. ROADWAY-FACING SIDE. If the walkway abuts upon or within the roadway area, the side of the covered walkway facing the travel lanes of the roadway must have either concrete barriers with proper attenuation or water-filled barriers. The wall of the covered walkway must rest on the roadbed inside of the concrete/water-filled barriers. The walkway must not be constructed within or on any tree box. Within thirty feet (30') of the intersection of two-streets, the sides facing the roadway must be constructed to maintain an unobstructed line of sight for drivers and bicyclists in the roadway and pedestrians using the covered walkway. The intersection of two streets is the point of intersection of the curb lines extended. 11. CONSTRUCTION-FACING SIDE. The side of the covered walkway facing the construction area must be completely enclosed with plywood, except the side may have openings, adequately protected by screening, that allow those persons interested to view the construction work site. 12. STRUCTURAL MEMBERS. Plans must show that the structural members of the covered walkway are adequately braced and connected to prevent displacement or distortion of the framework. 13. BUILDING ENTRY. If the construction work abuts an occupied building while the covered walkway is in place, the covered walkway must be designed to maintain an ADA-accessible entry to and from the building. Coordination with Fire Code Compliance must be done to ensure emergency access is not obstructed. The covered walkway must have signs advising people that businesses and residences can be accessed directly from the covered walkway. Handwritten signs are not allowed. 14. ADVANCED SIGNAGE. Advance signs must advise pedestrians and bicyclists that a pedestrian walkway is open ahead. These sign locations must not impede pedestrian, bicyclist or transit user mobility, ADA access, bus stops, or other similar sidewalk-related considerations and signage must be posted at the ingress and egress locations. 15. POSTINGS, GRAFFITI, and ADVERTISING. No postings other than signs permitted in accordance with Chapter 59 are allowed. The walls, roof, and floor of the covered walkway must be maintained free of postings, graffiti, or advertising of any type. Any such material must be removed or appropriately covered by the permit holder within 24 hours or the next business day. 16. SIDEWALK FIXTURES. The covered walkway must be designed to incorporate any existing sidewalk fixture including fire hydrants, light poles, traffic signal devices, parking meters, trash receptacles, bus stops and bus shelters, and benches. The covered walkway cannot cover or obstruct in any way traffic operation signage and signals, including those related to parking. If an existing sidewalk fixture must be removed to construct the covered walkway, the permittee must provide the following details: what fixtures are to be removed and by whom; where they are to be stored pending the work being completed; and how they will be restored and by whom after the covered walkway is removed. No sidewalk fixture may be removed without prior approval from the MCDPS Director. 17. ROADSIDE TREE PROTECTION. Roadside trees may not be removed, pruned, or disfigured for the construction or razing a covered walkway except under valid right-of-way tree removal permits issued by MCDPS and the Maryland Department of Natural Resources Forest Service. Roadside trees may not be used as an attachment point to support the covered walkway. Damage to any roadside tree caused by the construction or placement of the covered walkway subjects the permit holder to fines. The covered walkway must be constructed to provide adequate tree and critical root zone protection. 18. MAINTENANCE. The covered walkway must be maintained in good and safe condition for the duration of its use by the permittee. 19. REMOVAL. The covered walkway must be removed immediately after the permitted work is completed and the public right-of-way is restored in coordination with the MCDPS Right-of-Way Inspector and when any potential hazard to pedestrians, bicyclists and transit users no longer exists. The covered walkway must be removed without damage to any tree, the tree canopy, or critical root zone. A Temporary Traffic Control Plan for removing the covered walkway must be approved before the covered walkway is removed. 20. COVERED WALKWAY VISIBILITY. Generally, a covered walkway must provide openings above the barrier to the maximum extent practical on the non-construction side. 21. ALTERNATE MATERIALS. Steel or other materials having equivalent strength and suitability may be used in lieu of wood to construct a covered walkway. If alternate materials are selected, then they must satisfy the requirements of ADA and the International Building Code (IBC). 22. OTHER COVERED WALKWAY CONDITIONS — Covered walkway entrances must have detectable warnings; and the walkway must be designed to preclude access to any pedestrian hazard that may exist abutting the walkway. The walkway may be opened on the non-construction side if no hazard exists except for structural support. Signs identifying “Covered Walkway Ahead” must be placed at the crosswalk immediately before both ends of the covered walkway. If the covered walkway begins at an intersection, a sign must be placed on the opposite side of the intersection to allow the public the opportunity to cross the street using the nearest crosswalk and avoid the covered walkway if desired. When a Right-of-Way Permit for Temporary Closure is required, the applicant must submit a permit application to the MCDPS, along with filing fee. A Maintenance of Traffic Plan is required for the following situations: 1. Maintenance of Traffic Plans in Central Business Districts (CBD). 2. Rights-of way 80 feet or greater in width. 3. Work in any other area that is 2 weeks or greater in duration. 4. Any site specific non-standard work zone temporary traffic control plan. 5. A complete closure of a private road of any duration or partial closure of a private road of 15 or more days. The applicant must also provide a Maintenance of Traffic Plan for review by MCDOT. This plan must show the safe routing of pedestrians, bicyclists, transit users and vehicles in, through and around construction work zones. The plan must identify those areas impacted by the proposed construction and provide for safe alternative paths and detours for passage of pedestrians, bicyclists, transit users and vehicles and must be prepared in accordance with the MCDOT TTC Guidelines and Requirements. The plan must include: 6. The location of any permitted construction work; 7. Vehicle access; 8. All affected parking spaces; 9. Storage and staging areas; 10. Construction access for deliveries; 11. A schedule for construction; and 12. Other types of proposed occupations of the right-of-way MCDOT will approve a Maintenance of Traffic Plan if: 1. The plan protects the public with safe passage on the existing passageway. 2. If safe passage on the passageway is not practical, the plan protects the public with safe passage on a safe alternative path around the construction work area. This may require the closure of a curb lane or parking lane for this purpose. The safe alternative path must replicate to the maximum extent possible, the characteristics of the existing passageway. Care should be given to areas near schools and senior citizen locations. 3. Where safe passage is not possible on the existing passageway or on a safe alternative path under subparts 1 and 2 of this section, MCDPS may authorize the temporary closure of the existing sidewalk or bikeway facility with a detour across the street from the construction work zone. To direct the public to the detour, proper advance signage must be provided in good condition and must not intrude into or obstruct the usable width of the existing passageway. Access to the detour should be from the nearest existing crosswalk. However, MCDPS may authorize mid-block pedestrian crossings in certain circumstances. Special requests to temporarily close an existing passageway. Requests for mid-block crossings, will be determined on a case-by-case basis. Such requests must contain detailed, documented justification and will only be granted as a last resort. Any justification for a detour must address all phases of construction in accordance with Table 1 and detail why a Safe Alternative Path cannot be utilized. When a closure occurs, a Notice of Closure must be posted if the closure is required outside of work hours for a time period greater than fifteen (15) days. 4. It is the intent of this regulation that all existing passageways remain open and meet PROWAG requirements. When determining whether it is practical to require either the protection of the existing path of travel or to permit a safe alternative path or detour, the Director of MCDPS may evaluate the following factors, among others: a. The purpose of the proposed use; b. Potential hazards to the public; c. The user’s need for the control of the abutting right-of-way; d. Pedestrian, bicycle, and vehicular traffic patterns; e. The terrain; f. The impact of a safe alternative path or detour on adjoining properties and businesses; and g. The duration of the proposed closure. 5. The Director may require the applicant to revise plans to confine the proposed use of the public right-of-way to an area the Director finds to be consistent with public safety, minimize inconvenience to the public and limit the temporary closure of the right-of-way to the minimum time necessary. 6. The permittee may be required to coordinate construction activities with other permitted users to maximize pedestrian, bicyclist and transit user access. The Director may delay the start of the permit and construction until such time as appropriate with minimal conflicts of existing permitted construction activity. 1. Any Maintenance of Traffic Plan must adhere to this regulation. 2. When any temporary closure of a passageway also requires the occupation of another passageway as a safe alternative path or detour, a temporary closure or Maintenance of Traffic permit is required for the second temporary closure. 3. A plan dimensioned to appropriate scale prepared in accordance with the MCDOT TTC Guidelines and Requirements also showing the following: a. The developer and general contractor name, address, and telephone number. Traffic Control Manager contact name and number of the responsible party. Contact name and number of property owner. b. Streets shown and labeled in front of and/or abutting the property. c. All existing sidewalk and proposed safe alternative path dimensions from building face to face of curb. d. The proposed handicapped accessible facilities and accessible travel route to these facilities from the sidewalk and an safe alternative path. 4. Show all existing obstructions with dimensions including but not limited to traffic/Pedestrian Signals and Associated Equipment Street Lights, Utility Poles, Fire Hydrants, Parking Meters, sign posts, tree pits/Planters, Building entrances/Door Swing, Emergency exits, Roadway curb and Gutter, Storm Drain Facilities, Stormwater Management Facilities, Bus Stops, Taxi Stands, Crosswalks, Pedestrian Curb Ramps, Loading Zones, Shared Use Facilities, Bikeshare Stations, Bicycle Parking Facilities, Steps and/or Retaining Walls, Streetscape, Benches, Artwork or Similar Features 5. The proposed location of barriers, size and location of opening for ingress/egress, and a detail of the barrier design. 6. A copy of the Certified Site Plan (if applicable) approved by M-NCPPC. 7. The permittee and the permittee’s agents, employees, and subcontractors must comply with all approved plans, written requirements, and permit conditions that the Director specifies, either before or during the construction that the Director finds necessary to protect public safety or avoid unnecessary inconvenience to the public during construction. 8. A permittee must notify MCDPS 48 hours before beginning construction for any work associated with this permit for a preconstruction meeting. 9. If the Director finds that a person has violated the conditions of the permit, the Director may order the permittee to stop construction and abate the violation. Each day the permittee fails to stop construction and abate the violation is a separate violation. A temporary closure to reconstruct or repair a passageway may not exceed 6 months without a safe alternative path. All other temporary closures may not exceed 15 days without the provision of a safe alternative path. Temporary closures may be extended under the following circumstances: 1. Extensions Generally: The Director may extend the time period for the temporary closure for an additional time period designated by the Director if the Director finds that: A. Based on certification submitted by a professional engineer, construction of the safe alternative path is not possible, or the street is closed; and B. The permittee provides full justification or hardships as to the need for permit extension, and the Director finds that the temporary closure is: i. Limited to the minimum time necessary; ii. The permit is subject to regular review (at least once every 6 months) by MCDPS to determine whether the temporary closure without a safe alternative path remains necessary; and iii. If the Director determines that the temporary closure without a safe alternative path is no longer necessary, the Director requires the permittee to immediately: a. Provide a safe alternative path; or b. Terminates the temporary closure. 2. The Director may grant a short permit extension of no more than 15 days if the Director finds that extreme hardship exists. Examples of extreme hardship situations include: A. Weather related impacts; B. Traffic related impacts; C. Unusual site conditions; D. Unanticipated conditions; and E. Emergency situations. The Director may impose additional standards and/or requirements or require a plan modification as part of any extension. The Director may enforce any Public Right-of-Way Permit and the Maintenance of Traffic Permit by issuing notices of violations and/or civil citations for: 1. Violation of the plan or any condition of the permit; 2. Violation of this regulation or any other applicable law or regulation relating to the work; or 3. Any condition or act creating a nuisance or hazard or endangering human life. The Director may issue a citation without warning where: 1. Work has begun without a Maintenance of Traffic Permit. 2. The required temporary traffic control measures have not been placed in accordance with the approved plan or permit. 3. Any condition or act creating a nuisance or hazard or endangering human life. Any violation of a permit issued under Section 49-11 of the Montgomery County Code or this regulation is a Class A violation. Each day that a violation continues is a separate offense and subject to a separate citation. The provisions of this regulation are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

APPLICABILITY: This new regulation applies to all projects except as follows: 1. All capital projects already included in the Adopted CIP FY 09-14, except those projects listed in Facility Planning Transportation, are exempt from these regulations. Projects listed in Facility Planning Transportation which have completed Facility Planning Phase I including review of the project prospectus by the Council Transportation and Environment Committee by the date of adoption of these regulations are also exempt from these regulations, except that they shall comply with the Stormwater Management provisions of these regulations. 2. Development Projects - All development projects that have received preliminary plan approval by the date of adoption of these regulations are exempt from these regulations. 3. These Standards together with those existing design standards maintained by the DOT (Standards 100.01 - 811.01) are available for use until such time as the existing design standards are reviewed for applicability and either retained or eliminated. DOT will review the existing design standards for applicability within 12 months of the adoptions of these regulations to determine which standards should remain in place and which elements of the existing standards should be incorporated into the new standards. Additionally, details such as paving sections and general notes will be updated. A new Executive Regulation will then be submitted identifying which of the existing standards are to be eliminated. ATTACHMENTS AND INDEX TO STANDARDS Standard 010.01 - Introduction and Application Standard 020.01 - Target and Design Speed Standard 030.01 - Tree Placement Standard 040.01 - Stormwater Management Tertiary Roads Standard 2001.01 - Tertiary Residential Street - Sidewalk on One Side Standard 2001.02 - Tertiary Residential Street - Sidewalk on Both Sides Standard 2001.03 - Tertiary Residential Street - Open Section Secondary Roads Standard 2002.01 - Secondary Residential Street - No Parking Standard 2002.02 - Secondary Residential Street - Parking on One Side Standard 2002.03 - Secondary Residential Street - Parking on Both Sides Standard 2002.04 - Secondary Residential Street - Open Section Primary/Principal Secondary Residential Streets Standard 2003.08 - Primary/Principal Secondary Residential Street - With Bike Lane, Parking on One Side Standard 2003.09 - Primary/Principal Secondary Residential Street - With Bike Lane, Parking on Both Sides Standard 2003.10 - Primary/Principal Secondary Residential Street - No Parking Standard 2003.11 - Primary/Principal Secondary Residential Street - Parking on One Side Standard 2003.12 - Primary/Principal Secondary Residential Street - Parking on Both Sides Standard 2003.14 - Primary/Principal Secondary Residential Street - Open Section Arterial/Minor Arterial/Country Arterial/Country Road Standard 2004.01 - Urban Arterial Road - 4 Lanes Standard 2004.02 - Urban Arterial Road - 4 lanes, With Bike Lanes Standard 2004.03 - Urban Arterial Road - 5 Lanes Standard 2004.04 - Urban Arterial Road - 5 Lanes, With Bike Lanes Standard 2004.05 - Divided Urban Arterial Road - 4 Lanes Standard 2004.06 - Divided Urban Arterial Road - 4 Lanes, With Bike Lanes Standard 2004.07 - Suburban Arterial Road - 4 lanes Standard 2004.08 - Suburban Arterial Road - 4 Lanes Standard 2004.09 - Divided Suburban Arterial Road - 4 Lanes Standard 2004.10 - Divided Suburban Arterial Road - 4 Lanes, With Bike Lanes Standard 2004.11 - Suburban Arterial Road - 5 Lanes Standard 2004.12 - Suburban Arterial Road - 5 Lanes, With Bike Lanes Standard 2004.14 - Suburban Arterial Road - 4 Lanes, Open Section, With Bike Lanes Standard 2004.16 - Divided Suburban Arterial Road - 4 Lanes, Open Section With Bike Lanes Standard 2004.18 - Rural Arterial Road - 4 Lanes, Open Section, With Bike Lanes Standard 2004.19 - Urban Minor Arterial Road - 2 Lanes Standard 2004.20 - Urban Minor Arterial Road - 2 Lanes, With Parking Standard 2004.21 - Urban Minor Arterial Road - 2 Lanes, With Bike Lanes Standard 2004.22 - Urban Minor Arterial Road - 2 Lanes, With Bike Lanes, Parking Standard 2004.23 - Urban Minor Arterial Road - 3 Lanes Standard 2004.24 - Urban Minor Arterial Road - 3 Lanes, With Parking Standard 2004.25 - Suburban Minor Arterial Road - 2 Lanes Standard 2004.26 - Suburban Minor Arterial Road - 2 Lanes, With Bike Lanes Standard 2004.27 - Suburban Minor Arterial Road - 2 Lanes, With Parking Standard 2004.28 - Suburban Minor Arterial Road - 2 Lanes, With Bike Lanes, Parking Standard 2004.29 - Suburban Minor Arterial Road - 3 Lanes, With Parking Standard 2004 31 - Suburban Minor Arterial Road - 2 Lanes, Open Section With Bike Lanes Standard 2004.33 - Rural Minor Arterial Road - 2 Lanes, With Bike Lanes Standard 2004.34 - Country Road Standard 2004.35 - Country Arterial Business District Streets Standard 2005.01 - Business District Street - 2 Lanes, Parking on One Side Standard 2005.02 - Business District Street - 2 Lanes, Parking on Both Sides Standard 2005.03 - Business District Street - 4 Lanes With Parking Standard 2005.04 - Divided Business District Street, 4 Lanes With Parking Industrial/Office Park Roads Standard 2006.01 - Industrial Street - 2 Lanes Standard 2006.02 - Industrial Street - 3 Lanes Standard 2006.03 - Industrial Street - 4 Lanes Standard 2006.04 - Divided Industrial Street - 4 Lanes Parkways Standard 2007.01 - Urban Parkway Standard 2007.02 - Suburban Parkway Standard 2007.03 - Rural Parkway Major Highway/Controlled Major Highway Standard 2008.01 - Urban Major Highway - 6 Lanes Standard 2008.02 - Urban Major Highway - 6 Lanes, With Bike Lanes Standard 2008.04 - Suburban Major Highway - 6 Lanes, With Bike Lanes Standard 2008.05 - Rural Major Highway - 6 Lanes, Open Section Standard 2008.07 - Urban Controlled Major Highway - 6 Lanes, Speeds < 45 mph Standard 2008.08 - Urban Controlled Major Highway - 6 Lanes, Speeds > 45 mph Standard 2008.09 - Suburban Controlled Major Highway - 6 Lanes, Speeds < 45 mph Standard 2008.10 - Suburban Controlled Major Highway - 6 Lanes, Speeds > 45 mph Standard 2008.11 - Suburban Controlled Major Highway - 4 Lanes, Open Section Standard 2008.12 - Rural Controlled Major Highway - 4 Lanes, Open Section Freeways (Reference to AASHTO Interstate Design Guide) Montgomery County Design Standards APPENDIX A - Urban and Rural Boundaries

This regulation implements the portion of the County’s Roadside Trees Protection Law in Sections 49-35, 49-36, and 49-36A of the County Code as adopted by Bill No. 41-12. For the purpose of this regulation the following words and phrases will have a meaning respectively ascribed to them in this regulation unless the context indicates otherwise: Critical Root Zone: the area beneath a tree represented by a concentric circle centering on the tree trunk with a radius equal in feet to 1.5 times the number of inches of trunk diameter measured four feet six inches above ground level on the uphill side of the tree. Licensed Tree Expert: a person licensed under Natural Resources Article 5-415 et seq., Annotated Code of Maryland. Roadside Tree Care Permit: a permit issued by the Maryland Department of Natural Resources in accordance with the laws of the State of Maryland. Except as other provided in this regulation, procedures for application, implementation, review, approval, denial, and appeal are the same as the procedures for right of way permits under Chapter 49 of the County Code. The following documents are incorporated by reference as if fully set forth. Whenever the provisions of this regulation and those of the following documents are in conflict, the provisions of this regulation will govern and be enforced in the County: A. American National Standards for Tree Care Operations, ANSI A300, American Standards Institute, hereinafter referred to as ANSI A300, in effect as of December 1, 2013. B. American Standard for Nursery Stock, ANSI Z60.1, American Nursery & Landscape Association, hereinafter referred to as ANSI Z60.1, in effect as of December 1, 2013. A. When a right of way permit is required by the County Code the applicant must provide a plan for review by the Department. The plan must show the critical root zone of all roadside trees within the delineated area of the activity for which the permit is requested. The plan must identify those roadside trees by species and size measured by the diameter of the trunk at an elevation of 4 ½ feet above existing ground. B. The application must include locations of utility construction and vehicle access and parking as well as storage and staging areas and all other types of disturbance. C. If the critical root zone of any roadside tree is impacted, the Department will determine whether the tree can be saved or removed. D. The applicant must apply for a right of way permit or amend an existing application for a right of way permit to include the tree disturbance or removal. The application for a right of way permit must include a tree protection plan including the designation of a licensed tree expert to perform the tree care or removal for the Department’s review and approval. The Department will approve all measures necessary to protect roadside trees except when the right of way permit designates removal of those trees. E. The Department will approve a tree protection plan if the proposed tree work is necessary to: 1. Protect the health of the tree; 2. Eliminate or reduce a hazard to property, public safety, or health; 3. Improve or prevent deteriorated tree conditions; 4. Improve the overall appearance of the right of way; or, 5. Carry out a development which has received all other applicable development approvals. F. Some activities relating to public utilities are exempt from tree protection requirements pursuant to Section 49-36A(b)(2) of the County Code. G. The applicant must also apply for a Roadside Tree Care Permit from the Maryland Department of Natural Resources. H. The right of way permit will not be issued until the Roadside Tree Care Permit is issued if one is required by the Maryland Department of Natural Resources. I. All requirements of the Roadside Tree Care Permit become conditions of the Right of Way Permit. J. A licensed tree expert must oversee the conditions of the permit relating to tree protection, maintenance, or removal using ANSI Standard A300. K. During construction there must be no additional land disturbance outside of the area designated by the permit without the approval of the Department. This includes the location of storage and staging areas as well as access drives for vehicles and temporary parking. A. The applicant must submit a site specific tree protection plan except when the area of construction is included in a forest conservation plan approved by the Maryland National Capital Park and Planning Commission. The plan must designate a licensed tree expert who will be responsible for tree protection during construction and must incorporate all necessary measures to protect or minimize damage to any affected roadside tree. It must include the limits of disturbance, critical root zone of any roadside tree, access and storage areas. B. The tree protection plan must also include specific details and standards that will or may be used for this permitted activity to protect identified roadside trees. This includes a construction sequence and designation of responsible party. The standards must be compliance with ANSI A300 and ANSI Z60.1. C. The Department may develop generic plans that may be used as a substitute for site specific tree protection plans. The use of generic plans will be limited by standards developed by the Department. Generic plans do not need to be prepared by a licensed tree expert. A. When a permittee removes a roadside tree, it must be replaced unless the requirement is waived by the Department and the Maryland Department of Natural Resources. B. The location and species of the replacement trees must be approved by the Department in accordance with the Roadside Tree Care Permit and in coordination with the Department of Transportation. The location of the replacement trees must be in the right of way adjacent to the subject lot. C. The location of replanting may be in a right of way abutting a lot near the subject lot if approved in writing by the Department of Natural Resources and the owner of that lot. D. The replacement trees must meet all requirements in ANSI Z60.1. E. Planting must be in accordance with ANSI A300 standards. F. For any roadside tree that is removed, the stump must be removed to a depth of six inches below existing ground or the street level elevation, whichever is greater. The chips and woody debris from the stump must be removed. All excavated areas must be filled with topsoil such that the grade is restored. All bare soil must be stabilized with permanent grass seed or other vegetation consistent with the surrounding ground cover. G. The Director may determine that the planting of a replacement tree is not feasible. If this determination is made, a fee of $250 is required for the removal of any tree that is designated on a Department of Transportation Street Tree Inventory or is equal to or greater than 6 inches in diameter as measured 4 ½ feet above the elevation of the ground. This fee will be deposited in the Street Tree Planting Fund and will be used by the Department of Transportation to plant a tree at a suitable location in the public right of way. H. An additional $500 fee is required when any roadside tree is removed that is either designated on a Department of Transportation Street Tree inventory or is equal to or greater than 6 inches in diameter as measured 4 ½ feet above the elevation of the ground. The collected fee will be deposited in the Street Tree Planting Fund for the Department of Transportation to plant 2 additional trees. I. The Director may waive the requirement for planting or for the payment of fees in this section if a licensed tree expert finds that the tree to be removed is already dead or poses a danger to persons or property. J. The payment of fees required in this section must be on or before the date of permit issuance but no later than 30 days after notification that the fee is due. A. The approval of the Department is required prior to planting any tree within the right of way. A Right of Way permit is required. B. The location and species of newly planted street trees must be approved by the Department in accordance with the Roadside Tree Care Permit and the recommended County tree list; and, it must conform to the standards in ANSI Z60.1. C. The method of planting must be specified and must conform to ANSI A300 standards.

A. Purpose. These regulations define administrative procedures for the submission and review of all plans submitted to the Montgomery County Planning Department, under the Subdivision Regulations and the Zoning Ordinance of the Montgomery County Code. In addition, these regulations define the noticing procedures for forest conservation plans submitted to the Montgomery County Planning Department in compliance with the Forest Conservation Law. These procedures are designed to provide accurate and complete information and to ensure a thorough and timely review process as a basis for decisions. These regulations were adopted by the Planning Board and approved as regulations by the County Council under Chapter 50, Section 10.1 and as contemplated by Chapter 59, Section 7.6.3.D.. 1. These regulations: (a) define a process that is comprehensive, clear, transparent, and understandable to citizens, developers, applicants, review agencies, staff, and other interested parties; (b) clarify standards and procedures for submission of timely and relevant information by applicants; (c) provide procedures for timely participation by government agencies in the review of applications; and (d) provide procedures for participation by interested parties, such as owners of properties adjoining the project site, so that their issues and concerns can be submitted to staff and the Board for consideration during the review process before the Board decides and acts on the proposed land development project. 2. These regulations are intended to identify the steps that an applicant must take to apply for the review and approval of specific types of development approvals that are acted upon by either the Board or Director, and to provide a comprehensive explanation of what is involved in processing a development application, including the steps to ensure a thorough and timely review. B. Applicability. The development review process covered in these regulations applies to all development applications submitted to the Montgomery County Planning Department and acted upon by the Board or Director under Chapter 50 and Chapter 59 of the County Code. In addition, the noticing procedures covered in these regulations also apply to forest conservation plans not associated with preliminary plans, administrative subdivision plans, sketch plans, site plans, signature business headquarters plans or biohealth priority campus plans. C. Definitions. All terms used in these regulations that are defined in Chapter 22A, Chapter 50, or Chapter 59 have the same meanings as the definitions in those Chapters. D. Rules of interpretation. The rules of interpretation contained in Chapter 22A, Chapter 50, and Chapter 59 apply to these regulations. Footnotes used in these regulations are a part of the requirements. A. In processing and reviewing the application, the Planning Department staff must: 1. Appoint a lead reviewer to coordinate the review of the application and the receipt of inquiries related to the application or the regulatory process. 2. Review the application carefully, fairly, and in a timely manner. 3. Apply the applicable laws, regulations, and guidelines consistently. 4. Work with all parties to present a recommendation to the Board that complies with the applicable standards of review. 5. Attempt to identify issues early in the process and strive to resolve them as early as possible. 6. Cooperate with other agency and utility company staffs, the applicant, and the public to seek a mutually satisfactory resolution when issues arise. 7. Collaborate with other review agencies and other parties, actively seeking solutions that achieve the County’s planning and community-building goals. 8. Carry out County and Planning Board policies, with special attention to: (a) adopted Master Plans; (b) applicable land use, transportation, and environmental laws, regulations, and guidelines; (c) the Growth and Infrastructure Policy, as amended; (d) standards of professional responsibility; and (e) promotion of design excellence. B. Planning Department staff and other government agency and utility company staff who participate in the review of development applications must: 1. Review each application carefully, fairly, and in a timely manner. 2. Participate in scheduled Development Review Committee (DRC) meetings, either in person or by transmitting written comments to the DRC chair. 3. Make reasonable efforts to participate, when necessary, in supplemental meetings on specific cases, as requested by either the lead reviewer or the applicant. 4. Work collaboratively to identify and seek mutually satisfactory resolutions, using the lead-agency protocol for conflicting recommendations created though a Memorandum of Understanding between the Planning Department and several of the agency members of the DRC to involve appropriate managers or chiefs from the conflicting agencies. 5. Report recommendations to the Board that are contrary to Planning staff’s in the rare event that agencies with conflicting comments are unable to timely reach a mutually satisfactory recommendation on issues related to a development application after following the protocol referenced above. C. Applicants must: 1. Select a development team, consultants, and representatives appropriate for the project. 2. Follow Planning Board and County policies, procedures, and regulations related to the proposed development project. 3. Submit complete and accurate applications. 4. Refer questions, issues, and all revisions concerning the filed application to the lead reviewer. 5. Notify the lead reviewer promptly if there is a major change to the development project under review. 6. Work with review staffs and the public in a cooperative manner to seek a mutually satisfactory resolution when issues arise. These regulations specify the submission, notice, review and approval procedures that must be followed for all development applications and associated requests that are submitted to the Montgomery County Planning Department and acted upon by the Board or Director. The types of applications that may be required before an applicant can apply for permits to disturb land and build structures are dependent on many factors, such as, the zoning on the subject site, the legal status (i.e., recorded lot, unplatted parcel, etc.) of the site, and the type of land use proposed for the project. This section includes an overview of the various application types. A. Land Development Plan Applications. The land development plan applications covered by these regulations include: pre-preliminary submissions, sketch or project plans, preliminary and administrative subdivision plans, site plans, signature business headquarters plans, biohealth priority campus plans, and record plats. B. Plan Amendments. Proposed changes to a land development plan that has been approved and certified by the Board or Director must be approved as a plan amendment. A plan amendment may be filed to request changes to features of an approved plan drawing, or to specific conditions of the Board’s or Director’s approval for the plan.1 1. Classification of Preliminary and Site Plan Amendments. An amendment to a preliminary plan or site plan may be classified as major or minor depending on the purpose of the proposed amendment and as specified by the Subdivision Regulations (Section 50.4.2.F) or the Zoning Ordinance (Section 59.7.3.4.J). (a) Major amendments to a site plan or a preliminary plan must be acted on by the Board. (b) Minor amendments to a preliminary plan must be acted on by the Board; except that, if the amendment is to change the validity period of the approved plan’s phasing schedule, the Director may act on the proposed amendment. (c) Minor site plan amendments may be acted upon by the Director under certain circumstances as set forth in Section 59.7.3.4.J of the Zoning Ordinance. (d) A new preliminary plan or administrative subdivision plan is required to resubdivide previously approved and recorded lots, or to resubmit a revised version of a previous application that was denied. 2. Amendment to a Preliminary or Site Plan to change an associated Forest Conservation Plan. Preliminary or site plan amendments that involve amendments to associated forest conservation plans may be filed as minor amendments. (a) Per the Forest Conservation regulations (COMCOR 22A.00.01, Section 22A.00.01.13.A(1)), a forest conservation plan amendment that proposes no more than 5000 square feet of additional forest clearing may be acted on by the Director. (b) A forest conservation plan amendment that proposes more than 5000 square feet of additional forest clearing must be acted on by the Board. Corresponding amendments to the associated preliminary or site plan to reflect these changes must also be acted on by the Board. (c) A proposed forest conservation plan amendment that involves changes to recorded conservation easements approved by the Board must be acted on by the Board. Corresponding amendments to the associated preliminary or site plan to reflect any easement changes must also be acted on by the Board. 3. Amendments to Sketch Plans. Sketch Plans can be amended by filing a separate amendment application, or as part of a subsequent site plan application pursuant to Section 59.7.3.3.I of the Zoning Ordinance. A site plan must be submitted within 36 months after the date of the resolution for the sketch plan, and any request to amend the sketch plan to extend this period must be filed prior to the expiration of the 36-month period. 4. Changes to Site Plan-approved structures. A structure located on property covered by an approved site plan may be replaced without applying for a site plan amendment if the replacement conforms to the specifications approved as part of the site plan; for instance, replacing an existing fence or retaining wall, in kind. Changes that do not conform to approved specifications must be filed as a minor or major site plan amendment, as appropriate, except for those changes allowed under 59-7.3.4.G.2. (a) Playground areas and equipment. Many approved site plans that have residential uses include details for playground areas and equipment. For the purposes of site plan review, the term “playground equipment” includes benches, picnic tables, and trash receptacles, in addition to structures that are used for outdoor recreation activities by children, such as swing sets and slides. Over time, playground equipment may become old and outdated and need to be replaced; or a resident association may want to change its location or configuration, or remove it entirely. i. Installation of a new playground or removal of an existing one requires review and action under the minor site plan amendment process. ii. Replacing playground equipment requires review and approval by Planning Department staff. Such a change is not classified as a site plan amendment. The following rules apply to the substitution of playground equipment, for a site that has an approved site plan and specific playground equipment requirements: a. A request for a playground equipment substitution must be made by submitting a complete Recreational Equipment Substitution Request Form. b. The form may be filled out by the provider of the proposed playground equipment, but the project developer must also submit a cover letter confirming that the current site plan applicant supports the proposed substitution. c. Staff must review the substitution request to determine if the proposed equipment is equal in capacity, features, age group served, and quality2 (including conformance with CPSC and ASTM3 safety standards.) d. If staff does not render a decision as to whether the proposed substitution meets the “or approved equal” standard within 45 calendar days after the applicant’s complete submission of a Recreational Equipment Substitution Request Form, the substitution is automatically approved. e. After deciding, staff must reply, in writing, to the current site plan applicant. If the request is denied, the staff must specify, in writing, each reason for the denial. Staff must place a copy of the reply letter in the site plan file. The site plan applicant may appeal a denial to the Board. C. Other Application Types. An application must also be submitted to the Planning Department for the following: 1. Subdivision Waiver Request. A request for a waiver from the requirement to submit a preliminary plan or administrative subdivision plan under Division 50.9 of Chapter 50. 2 Adequate Public Facilities (APF) Review at Building Permit. A request for Planning Board APF review and finding required under Chapter 8 before issuance of a building permit for development on an existing recorded lot that is not subject to a previous preliminary plan approval, and does not require a site plan under Chapter 59, Section 7.3.4.; a signature business headquarters plan under Chapter 59, Section 7.3.5.; or a biohealth priority campus plan under Chapter 59, Section 7.3.6. 3 Request to Extend a Hearing Date. A request for extension of a Board hearing date pursuant to Chapter 59, Sections 7.3.3.C or 7.3.4.C, and Chapter 50, Section 4.1.E. ---------- 1 A plan amendment is different than a plan revision. A plan revision is a change to a submitted application that an applicant chooses to make prior to action. Significant revisions may, on a case-by-case basis, require re-notice of the application. 2 The equipment proposed must also be able to fit in the space shown on the site plan. If the proposed substitution becomes so big that it no longer fits in the “play area” shown on the site plan, a site plan amendment is required. 3 If there is a conflict between Consumer Product Safety Commission (CPSC) and American Society for Testing and Materials (ASTM) standards, ASTM standards will govern. Certain types of notice must be provided by both the applicant and Planning Department staff at specific steps during the regulatory review process. The individuals receiving these notices vary depending upon the notice type, but include: owners of adjoining and confronting properties; nearby civic and homeowners’ associations; “interested parties” who request notice during the process; and the general public. Individuals, groups, and interested parties receive notice in writing, by mail. The general public receives notice from signs that are posted on a project site, and for applications that are acted upon by the Board, from the weekly Planning Board agenda on the Board’s website. A. Notice Standards 1. Notice Required. Notice is required for each application per the following table, or as otherwise specified in the Code: APPLICATI ON TYPE | Pre- submittal Community Mtg. | Site Posting | Written Notice from Applicant | Written Hearing Notice from Planning Departme nt | Planning Department Website Posting Pre- submittal Communi ty Mtg. | Applicati on | Pre- submittal Communi ty Mtg. | Applicati on | DRC Agenda | Planning Board Agenda 1 Notice shown in this table is per Section 7.5.1 of Chapter 59. 2 Forest conservation plan amendments are subject to noticing if a Planning Board hearing is required, if there is a change to an approved tree variance, or if a new tree variance is required. 2. Notice List. Applicants must create and submit a notice list as part of applications that require written notices to be sent. The notice list must be: • compiled using the latest available records; • compiled no more than 30 calendar days before the pre-submittal community meeting, if applicable; and • updated no more than 30 calendar days before the date the Application is accepted by the Planning Department, Intake and Regulatory Coordination (IRC) Division, Intake Section staff. (a) Individuals and groups included. Individuals and groups that must be on the notice list are defined as follows: i. Abutting and Confronting Property Owners. The applicant must compile the names and addresses of the owners of properties that are adjacent to the project site or directly across a right-of-way, of a width of less than 80 feet, from the project site. This list must be based on tax assessment ownership records from the Maryland Department of Assessments and Taxation (SDAT), Real Property Database. If an abutting or confronting property includes a multi-unit building (residential, non-residential, or mixed use), the notice list must include the property owner, the building management company, and the condominium association, if any. The list must also include any individual unit owner or renter in the building who has registered to receive notices on the MNCPPC website. If an abutting or confronting property is a recorded open space parcel for a subdivision, the applicant’s notice list must include the homeowners’ association, condominium association, or renters’ association and any individual owner of a property in that subdivision that is located within 300 feet of the subject property. ii. Civic, Community, Condominium Associations, Homeowners’ and Renters’ Associations, and Municipalities. a. The civic, community, condominium and homeowner’s associations that have registered with M-NCPPC4 and are either: a) located within a half-mile radius of the center point of the subject property; or b) an association that has requested to receive notices for all development applications. At staff’s discretion, this list may be expanded for large or unusually shaped properties to include associations within a half-mile radius from a point or points along the property boundary, or to include a larger radius from the center point. b. For a project that proposes to amend only a part of a site which is covered by an approved preliminary and/or site plan, and the site has been partially constructed, sold, and occupied, the project’s notice list is generated from the boundary of the amendment area. Property owners, including any individual unit owner or renter in a multi-unit building within the area being amended who has registered to receive notices on the MNCPPC website, must be included in the notice list. Residents who are not property owners within the constructed part of the site must be notified of the proposed project through their HOA or Community Association. c. Planning staff may require the applicant to add to the applicant’s notice list any common ownership association or civic association listed in the Planning Department’s records that abuts or confronts a public facility not adjacent or close to the project site, but which may require construction or improvement because of the proposed project. If required during plan review, as opposed to initial application, this notice must be directed to each designated association no later than 30 calendar days before the Board’s hearing on the application. iii. Pre-Submittal Community Meeting Participants. An applicant for certain plan types is required to hold a community meeting before the application is submitted to the Planning Department. Only meeting participants who have asked to receive future notices are required to be on the notice list. iv. Parties of Record from Previous Applications. If a project site has an approved plan, and an applicant applies for a plan amendment, individuals or groups that were identified as Parties of Record in the earlier application must be added to the notice list of the current application. For example, a notice list for a preliminary plan amendment would include all individuals and groups who were identified as Parties of Record for the original preliminary plan application, in addition to those who meet the criteria covered above. v. Others. The IRC Division – Intake Section must be included on the applicant’s notification list. The applicant and members of the applicant’s team who wish to receive notices should also be included. (b) Updates Required. The applicant must update the notice list of adjoining and confronting property owners if the application is pending for more than 6 months after the final application is accepted, and provide the new list to the IRC Division for use in sending hearing notices. B. Pre-submittal Community Meetings. For a sketch plan, preliminary plan, site plan, signature business headquarters plan, or biohealth priority campus plan, the applicant must hold at least one public pre-submittal community meeting no more than 90 calendar days before the initial application date. The purpose of the meeting is to explain the proposed project, address concerns about its impact on the community, and notify those attending of their right to participate in the review process. The applicant must expressly invite all individuals on the notice list and must also post one or more signs that are visible from the street on the property. The meeting must be held on an evening or a weekend, in a location convenient to the proposed development site. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves and provide their mailing address, if they wish to receive future notices. C. Site Posting. In addition to site posting required for notice of the pre-submittal community meeting, the applicant must post one or more signs at the development site for the plans noted in the table in subsection A.1 above, indicating that an application has been filed. The applicant must: 1. pay all costs associated with the sign posting requirements; 2. monitor the signs and replace any damaged or illegible signs; and 3. maintain posted pre-submittal community meeting signs until the date the meeting is held, and application signs throughout the review of the application.5 (a) Timing. i. Pre-Submittal Community Meeting signs must be posted at least 15 days before the meeting is held. ii. Signs to advertise the filing of the application must be posted before the application is accepted. (b) Sign Specifications. The applicant and its sign vendor, if any, must follow the Sign Template for sign content and lettering specifications. The Planning Department may modify these requirements in special circumstances to assure that all signs will be visible to the public. (c) Posting specifications. The required number and location of posted signs are as follows: i. A minimum of one sign must be placed parallel to each public or private street that is adjacent to the property. ii. If the frontage for a street adjacent to the project site is more than 500 feet long, an additional sign must be posted adjacent to the street for every 500 feet of frontage. iii. Signs are not required to be placed along and adjacent to a freeway. iv. Signs must be placed on the property in the most visible location available in such a manner that landscaping or other features do not impair or obstruct the visibility of the signs from the street. v. Signs must be posted within the project site, no more than 10 feet behind the property line adjacent to a street right-of-way or the access easement covering a private street. vi. Signs must not be placed within a street right-of-way or private street access easement. vii. For a large site or one with unusual constraints, the requirements listed above may be modified by Planning Department staff to provide good visibility of posted signs. (d) Posting information. Posted signs must contain the following information. i. Signs advertising a Pre-Submittal Community Meeting must include: a. meeting date, time, and place; b. purpose of the meeting; and c. applicant’s contact information. ii. Signs advertising the submission of the application must include: a. project name as it appears on the accepted application; b. project number, as assigned by the Planning Department at the time of the application submission; c. type of plan (i.e., preliminary plan, site plan, etc.); d. size and zoning of the site; e. each proposed use, and its associated proposed number of dwelling units, if residential use is proposed, and/or square footage of all non-residential buildings identified by type (i.e., office, retail, etc.); and f. Planning Department contact information. D. Written Notice. 1. Timing. Required written notice must be sent per the following table: Requirements | Pre-submittal Community Meeting 1 | Application Notice | Hearing Notice Sign Posting | At least 15 days before meeting | Before application is accepted | Written Notice Sent 2 | At least 15 days before meeting | No more than 5 days after application is accepted | At least 10 days before hearing date Posting on Planning Board Agenda | | | At least 10 days before hearing date 3 Responsible Party | Applicant | Applicant | Planning Department Staff 1 Must occur no more than 90 days before an application is filed. 2 By First-Class Mail 3 At least 7 calendar days before the Board meeting for an application that will be reviewed by the Board but acted on by another agency. 2. Standards. Written notice sent by the applicant and Planning Department staff must meet the following standards: (a) Pre-submittal Community Meeting. The notice letter must be sent to everyone on the notice list and must contain: i. date, time, and place for the meeting; ii. date that the notice is sent; iii. name and contact information of applicant or applicant’s representative. The listed individual must be available to provide further information about the proposed project and respond to any reasonable public request; iv. proposed project name; v. type of application that will be filed; vi. property street address or other easily understood geographical reference to the location of the project site; vii. property size and zoning; viii. proposed use and density of development; and ix. website and phone number for the IRC Division. (b) Application Notice. i. Notice letter. The notice letter must be sent to everyone on the notice list and any individuals who requested notice at the pre-submittal community meeting and must contain: a. application number, as assigned by the Planning Department; b. date that the notice was sent; c. project name; d. plan type; e. property street address or other easily understood geographical reference to the location of the project site; f. property size and zoning; g. proposed use and density of development, if applicable, and if the application is an amendment to an approved plan, the changes that are proposed; h. tentative Board hearing date scheduled by the Planning Department, if applicable; i. deadline date for receiving comments on the application, if applicable; and j. contact address and phone number for the IRC Division. ii. Notice letters for applications submitted for Director approval. The applicant must expand the notice list under subsection 50.10.01.04.A.2 above, to include all other parties of record noted in any previous files related to the current amendment, and mail the notice to all parties. In addition to the items in subsection 50.10.01.04.D.2(b)i above, the notice letter must include a deadline (at least 15 days after the mailing date of the notice) for the submission of comments regarding the application. iii. Additional items. The following attachments must be included with the notice letter: a. Separate, legible 11" x 17" copy of the applicant’s proposed plan drawing for the project. b. Latest version of the Planning Department’s brochure, entitled ”Development Applications in Montgomery County”. (c) Hearing Notice. i. Written notice. The notice must be sent to everyone on the notice list, anyone who requested notice and provided a mailing address at the pre-submittal community meeting or any other time during application review, and any individuals who submitted written comments and included a mailing address regarding the application. The notice must contain: a. date and location of the meeting; b. project name; c. application number; d. plan type; e. property size and zoning; f. project location; and g. description of the proposed development or application. ii. Website posting. The Board’s Weekly Agenda provides a notice for the general public of items to be reviewed by the Board, and public access to a staff report for each item where one is required. Information that can be found for each item on the agenda includes: a. project name and plan number; b. brief description of the application and project site; c. area team lead review staff name; d. staff recommendation and link to the staff technical report, if required; and e. item number on the agenda and approximate time of day that the Board will take up the item. ---------- 4 Applicants may use the Association Finder Interactive Map tool, a GIS-based map created and maintained by the Planning Department for convenience. 5 If an applicant does not maintain a properly posted sign on the project site, the Board may postpone a hearing on the application until the applicant has demonstrated that the site has been properly posted for at least 30 consecutive calendar days. Signs may be removed from the property after Board or Director action, as required, has been taken on the application. A. Pre-submittal. 1. Required Meeting with the Community. The applicant must hold at least one pre-submittal community meeting before submitting a project plan, sketch plan, preliminary plan, site plan, signature business headquarters plan, or biohealth priority campus plan. (a) Requirements of the meeting. i. The applicant must schedule the meeting no more than 90 calendar days before the initial application date, on an evening or weekend, at a location that is convenient to the proposed project site. ii. The purpose of the meeting is to present information about the proposed project and allow members of the community and the larger public to ask questions. iii. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves, provide a mailing address, and indicate whether they want to be added to the notice list. iv. The applicant must take meeting minutes that include a summary of any issues or concerns raised by attendees. 2. Optional Meeting(s) with Staff. If site constraints or other issues related to the proposed development of a property raise questions about a future development application, an applicant may request one or more pre-submittal meetings with staff. B. Application. All applications covered by this manual must be filed with the IRC Intake Section staff. The applicant or its representative must fill out and sign the application form and checklist certifying that application and checklist are complete and ready for processing. 1. Applicant’s Responsibility. (a) Required submittal items. Applications for review and action by either the Board or Director are typically submitted and processed electronically through Montgomery Planning ePlans.6 Filing an application includes submittal of an application form, followed by uploading electronic copies of required drawings and documents. The application must include all information required in the application checklist. (b) Meeting required before plan amendment application. The required items for a plan amendment vary depending upon the specifics of the case. For each plan amendment, the applicant must contact the appropriate area team supervisor to determine the exact submission requirements. The amendment must clearly identify the items or areas of the approved plan proposed for revision. 2. Staff’s Responsibility. (a) Intake Review. Staff must review the application and, within 10 days, either accept the application, or provide initial comments containing all revisions or additional materials required to make the application consistent with the submission requirements. Staff’s review consists of a pre-screen step to make any necessary corrections on the application form and compute the appropriate application fee, and then intake review of the initial application materials to determine if the information submitted is complete and meets the requirements of the application checklist. Intake review is not a review of the merits of the application. Applicants should strive to ensure that each application is complete and correct at the time of initial submission. Staff must not accept an incomplete application for review. 3. Items Required for all Applications. Applications filed with the Planning Department must contain: (a) plan drawings, documents, and other items as required by the application checklist; (b) a certificate of compliance; (c) a statement of justification; and (d) documentation of notice, including pre-submittal community meeting and site posting. The following are also required before an application is accepted: (e) a copy of the application form signed and dated by the property owner or applicant; and (f) payment of the appropriate fee.7 4. Plan drawings and documents. A digital copy of all submittal items required by the application checklist for each application type must be provided with the application in the appropriate file format, with the appropriate file name, and prepared following the submittal requirements on the Planning Department Webpage. Plan drawings must be legible and include appropriate notes and specifications and proper certification by a licensed professional or other qualified preparer. 5. Certificates of Compliance. The Certificate of Compliance8, signed and dated by the Applicant, attests that, to the best of the applicant’s knowledge, information, and belief after reasonable investigation, the application conforms to all applicable Federal, State, and County laws and regulations, including standards of the applicable zone. The certification also confirms that the plans and documents in the application package provide complete and correct information on boundary, ownership, and other information on properties, topography, historic resources, etc. 6. Statements of Justification. The Statement of Justification is a written statement listing the facts and reasons that the applicant believes would support Board or Director approval of the application. The statement must address each finding that is required in either Chapter 50 or Chapter 59, depending on the type of application. (a) Waiver requests. If the application includes a request for any waiver of any law or regulation, the statement must specifically identify the applicable code section and provide details of the facts and legal basis that support the granting of the requested waiver. If a waiver is requested for environmental reasons, the applicant should refer to the latest approved Environmental Guidelines: Guidelines for the Environmental Management of Development in Montgomery County, Maryland. If a proposed development application requires approval of a variance of a zoning standard by the Montgomery County Board of Appeals, Planning Board staff will not process the application until the Board of Appeals acts. (b) Supporting information. The applicant must attach any diagrammatic or illustrative materials that support the facts asserted in the statement of justification. The Applicant, or the Applicant’s representative, must certify that the information set forth in each statement of justification is true, complete, and correct to the best of their knowledge, information, and belief. 7. Documentation of Notice. (a) Notice List. The submitted application documents must include a copy of the notice list, satisfying the requirements above. After mailing written notice, the applicant must retain each item of mail returned undelivered and produce any item retained for inspection by the staff or the Board upon request. If IRC Division staff has not received a copy of the required written notice, the Development Review Committee meeting on the application must be postponed until the applicant demonstrates that each required notice was mailed. If an application is pending for more than one year, the applicant must update the notice list and re-send notice (with the latest plan drawings) to each party on the updated list before the plan is scheduled for Board action. (b) Pre-submittal community meeting. The applicant must provide the following pre-submittal community meeting documentation with the application: i. a signed and notarized affidavit attesting to the date, time, and location of the meeting; ii. a dated copy of the invitation notice letter; iii. a copy of the sign-in sheet, and a typed summary list that identifies each attendee, the attendee’s contact information, and identification of each attendee who provided a mailing address and wants to receive all future notifications concerning the proposed application; and iv. meeting minutes that include a summary of issues or concerns raised by attendees. 8. Documentation of Site Posting. The applicant must provide the following documentation of site posting: (a) Initial application. When an application is initially submitted, the applicant must include a template of the proposed sign and a drawing showing the proposed posting locations on the development site. (b) Before application acceptance. A document file containing the following items must be submitted before application acceptance to demonstrate that site posting requirements have been met: i. a signed and notarized affidavit attesting to the date and location of the posted signs; ii. date-stamped photographs of each posted sign; iii. the staff-approved sign layout plan drawing; and iv. a photograph of one of the actual signs. C. Acceptance of an Application. 1. Terms of acceptance. A final application must be complete and comply with all filing procedures to be accepted for review. IRC Intake staff must give the applicant written confirmation when acceptance occurs. The acceptance of an application means that it is complete for purposes of filing. Acceptance for filing does not constitute approval of the submitted plan; it allows the application to move forward to evaluation by the participating review agencies and others. 2. Regulatory clocks. After application acceptance, Code-required review clocks for the application are started and tentative Board hearing dates are assigned, as applicable. If the application is going to be discussed at a Development Review Committee (DRC) meeting, it is added to the next available meeting agenda. 3. Public record.9 All information contained in the accepted application, or added during application review is part of the public record. In addition, all supporting materials presented to the Board or Director or otherwise incorporated into the plan as part of the action taken on an application, become part of the public record. By submitting an application, the applicant agrees to complete the checklist of standard plan requirements included with each application form. D. Rejection of an Application. 1. Inaccurate, misleading or false certifications. At any point in the review process, if staff finds that information certified by an applicant or a licensed professional10 is materially inaccurate, misleading, or false, staff must report the matter in writing to the Director. The Director must review the report, give the applicant or professional an opportunity to respond in writing, and consider any other relevant information. If the Director finds that the applicant or professional submitted materially inaccurate, false, or misleading information, the Director must reject the application and take appropriate action, which may include reporting the facts to the appropriate licensing board. 2. New application needed. Any plan rejected for these reasons must be returned to the applicant without any refund of the initial application fee. The application must be dropped from the queue of pending plans, and the applicant must submit a new application with associated fees to be considered further. E. Filing of Concurrent Applications. Many types of land development projects require the filing, review, and Board approval of more than one type of plan. With the agreement of Planning staff, some of these plans may be filed concurrently. Depending upon the application types, concurrent filing may require extensions of the mandatory review timeframes required by law to facilitate concurrent action on the applications. ---------- 6 Complete instructions for making an application, including application forms and checklists are available on the Planning Department’s website at http://montgomeryplanning.org/development/. 7 Fees paid by check must be made out to the Maryland-National Capital Park and Planning Commission (MNCPPC) or to the Montgomery County Planning Department 8 Standard Certificate of Compliance template available at: https://montgomeryplanning.org/development/development-applications/ under the section for each plan type After a final application is accepted, it must be reviewed to determine if it meets the requirements of the County Code and other applicable laws and adopted guidelines. Individual reviewers must provide their recommendations regarding the approval of the application. These recommendations are part of the basis for the eventual Board or Director action on the plan. A. Referral and Inter-Agency Consultation. When a final application is accepted, the planning staff must: • provide a copy of the plan and necessary supporting information to designated offices of the Commission, other government or public agencies, and utility companies for comment or approval, as required by applicable law; and • if applicable, schedule a discussion of the application before the Development Review Committee (DRC). 1. Lead Reviewer. For each plan application, the appropriate chief or supervisor must assign a Planning Department lead reviewer. The lead reviewer ensures that the following steps are coordinated and occur in a timely manner. (a) Comments and recommendations from the reviewers are included in the application file and conveyed to the applicant team. (b) Documentation is added to the application file noting assigned reviewers that do not participate or provide any substantive comments. (c) Potential conflicting comments are identified. (d) Plan revisions and information from the applicant in response to comments are provided to reviewers. (e) The adopted protocol for resolving any agency conflicts is applied when necessary. 2. Responsibility of all reviewers. Comments from any reviewers must be made in writing before the end of each designated review period. A reviewer who is unable to meet this timeframe must complete their review by stating their need for additional time and providing an estimate of when their review will be provided. 3. Review Steps. Chapter 50 and Chapter 59 establish review periods for the different applications, but these may be extended depending upon the number of issues identified as part of the review and the need for plan revisions. The typical review for most applications consists of the following steps: (a) Agency review before DRC meeting (b) DRC meeting (c) Applicant revisions after DRC meeting (d) Agency review and approval of each final revised plan (e) Planning Staff prepares a written report (f) Staff report is posted 10 days before a Board hearing (g) Board or Director Action 4. Extended review. Review and action on the application types covered in these regulations involves approval of certain required plan components by other agencies, such as, fire access and road grade plans; and concurrent review of related applications, such as, stormwater management concept and Special Protection Area (SPA) water quality plans, water and sewer category change requests, well and septic permits, or conditional use applications. Obtaining these related approvals may require extension of the review timeframes specified above. Delays may also result if an applicant does not submit adequate revisions under section 50.10.01.06.B. 5. Extension of a Board hearing date or Director decision date. Review deadlines may be extended for sketch, site, preliminary, and administrative subdivision plans under Chapter 59, Sections 7.3.3.C and 7.3.4.C, and Chapter 50, Sections 4.1.E and 6.3.b.4, respectively, by rescheduling the required decision date. A request must be made in writing to the Planning Department for such extension. Per Chapter 50 and Chapter 59, the Director may postpone the decision date by up to 30 days one time without Board approval. The Board may act to grant extensions of more than 30 days upon request from the Director or applicant. Any extension of a hearing date acted upon by the Board must be noticed on the hearing agenda. The new hearing date must be noticed on the appropriate agenda for the new date and identified on the notice list as part of the written hearing notice. 6. Extension of plat review. An applicant may consent to waive the 90-day review period required under Chapter 50, Section 8.2.B to gain time to obtain the necessary approvals from the reviewing agencies; otherwise, staff must base their required recommendation on the latest version of the plat. When staff’s final recommendation on a plat is denial, the applicant must be permitted to submit a final plat and staff must prepare a staff report and schedule a Board hearing on the next available agenda. 7. Application lapse deemed withdrawal. An application that has not yet been accepted that has been inactive for 180 days or an application that has been accepted that has been inactive for 365 days with no substantive response to review comments, or that has not been properly extended under Chapter 50 or 59, must be treated as withdrawn unless the applicant can demonstrate good cause to extend the application. The staff must send written notice to an applicant whose plan has been inactive indicating that the applicant has 30 calendar days to request an extension of the staff review. Any request for an extension must: (a) be in writing; (b) show good cause to grant an extension; and (c) propose a timeframe to finalize the application. If the applicant does not request an extension by the due date, staff must send the applicant written notice that the application has been withdrawn by default. A new application and fee must be submitted to re-file any plan that is withdrawn by default. B. Plan Revision.11 Each applicant is responsible for timely response to reviewer comments. The response may be by resubmitting plans and other documents with revisions, requesting a meeting with reviewers to discuss the comments, or indicating the desire to proceed to Board or Director action without any revision. Resubmitted materials should be submitted within 14 days after the comments are received, unless staff and the applicant agree on an extended deadline. Depending on the size and complexity of the proposed project, a plan may be revised multiple times during the application review. Any final revised plan for an application that is scheduled for Board action must be submitted not less than 65 days before the scheduled Board meeting date. 1. Major revision. If the lead reviewer determines that an applicant’s revised plan or any other related revised document constitutes a major change12 from the original submission, the applicant must: (a) re-send written notices to all parties on the notice list; and (b) revise and resubmit an application form if the revision involves a change in: i. acreage of the application site; ii. type of use or units proposed; iii. proposed density of any use; iv. proposed method of development; or v. ownership, applicant, or engineer. The submittal of a major application revision should be discussed with the assigned lead reviewer before they are submitted, and will require extension of any minimum review timeframe specified by law. The lead reviewer must decide how the revised plan will be reviewed after submittal, and may schedule another DRC meeting. C. Public Participation. Any individual or organization with an interest in or concern about a proposed development or specific application may participate in the review and approval process by: • attending the pre-submittal community meeting organized and held by the applicant before an application is submitted to the Planning Department. • reviewing information about the submitted application in person at the Planning Department offices or online at the Planning Department website; and • attending the DRC meeting scheduled for the application13, if applicable. The DRC meeting is not open to public participation; but members of the public may attend and listen to the discussion. Groups should notify IRC staff about their interest in attending the DRC meeting before the scheduled date so that space accommodations can be made. Details of the DRC meetings are on the Planning Department’s website. 1. Public comment. Members of the public who have questions or concerns may contact the Planning Department’s lead reviewer at any time during the review process. Any public comments must be submitted in writing by letter or email, and will become part of the public record of the application. The Planning staff must make reasonable efforts to address issues raised by the public during the plan review and address the issues that are not resolved in their recommendations on the plan. Public comments may also be presented directly to the Board if a public hearing is scheduled, pursuant to the Board’s Rules of Procedure. 2. Community meetings during review. Meetings with members of the public may be scheduled for a case upon request to the lead reviewer, or for particularly complex or controversial cases, staff may initiate a community meeting. These meetings may include other agency representatives and the applicant, as appropriate. D. Staff Reports. The lead reviewer, after completing the application review and receiving all required agency recommendations or approvals, must prepare a report summarizing the proposed findings of fact and conclusions of law that the Board or Director must make and recommend approval, approval subject to conditions, or denial of the application. 1. Contents of the staff report. A staff report should include the following elements: (a) a site description, including a vicinity map and aerial photograph of the site; (b) an overview of the project, and a plan drawing; (c) a summary of previous approvals, if any; (d) a summary of the major issues and concerns related to the application and staff’s proposed resolution; (e) staff’s recommended action, including for an approval, any recommended conditions; and (f) staff’s findings of fact and conclusions regarding each applicable requirement of law related to the plan under the applicable sections of Chapter 50 and Chapter 59; and the basis for each finding and conclusion. 2. Staff Reports for Board action. The staff report for a plan or major plan amendment application under Chapter 50 or 59 must be published on the Board’s website as part of the meeting agenda at least 10 days before the date of the scheduled meeting. 3. Staff Reports for a minor plan amendment. A staff report for a minor plan amendment involving limited aspects of the original plan must include the applicable elements listed above and details on each item that is proposed to be changed. 4. Objections to a staff report scheduled for Board action. The applicant or other individuals may submit objections to any finding or conclusion in a staff report that is scheduled for Board action no later than noon on the business day prior to the scheduled Board meeting that includes the application or as set forth in the Board’s Rules of Procedure. Each objection must be made in writing to the Board Chair and must clearly identify and fully explain the basis for each disagreement. The applicant or any other party may also object to any finding or conclusion in the staff report during the scheduled public hearing on the application. ---------- 9 The public record is not the same as the legal record that the Board bases its decision upon for purposes of a petition for judicial review. 10 Licensed professionals include engineers, surveyors, landscape architects, attorneys, and any other profession licensed by the State of Maryland. 11 A plan revision is distinct and separate from a plan amendment. A plan revision incorporates changes that are made as part of the plan review process (i.e., before a plan is approved by a regulatory body). An amended plan incorporates changes made to a certified or approved plan. 12 A major revision includes any increase or significant decrease in density or number of units, an increase in the limits of disturbance, a significant change in lot layout, or an increase in building height or scale. The lead reviewer determines if an applicant’s proposed plan revision is a major or minor revision. 13 The DRC meeting is generally held every 2 weeks. A DRC Agenda containing items and the times they will be discussed, is posted on the MNCPPC website. An application is acted on by the Board or Director, depending on the application type. The Chapter 50 and Chapter 59 requirements for action on a plan are as follows: Application Type | Approval Authority A. Board Action. Board action as part of their regularly scheduled meetings is required for sketch plans, preliminary plans, site plans, signature business headquarters plans, biohealth priority campus plans, record plats, waivers under Chapter 50, and APF determinations; and may be required for pre-preliminary applications administrative subdivision plans, and amendments to land development plan applications. 1. Board Meeting Agenda. The Board votes to act on an application during its meetings pursuant to its Rules of Procedure and applicable law. 2. Scheduling. Board action on an application must be scheduled per the requirements of Chapter 50 and Chapter 59. Depending on the plan type, the hearing dates must be scheduled either 90 or 120 days after a complete application is accepted by IRC Intake staff. The following table contains the scheduling requirements for the applicable plans. Application Type | Maximum Days Between Application Acceptance and Decision 1 | Reference to County Code Pre-preliminary Submission | 90 (if applicant requests a Board hearing) | Ch. 50, Sec. 5.2 Sketch Plan and Amendments | 90 | Ch. 59, Sec. 7.3.3.C Administrative Subdivision Plan and Amendments | 90 (if a Board hearing is necessary) | Ch. 50, Sec. 6.3 Preliminary Plan and Amendments | 120 | Ch. 50, Secs. 4.1.E and 4.2.F Site Plan and Amendments | 120 | Ch. 59, Secs. 7.3.4.C and 7.3.4.J Record Plat | 30 (this timeframe is measured from submittal of final plat) | Ch. 50, Sec. 8.2.F 1 This column does not include hearing date extensions that may be granted under Chapter 50 and Chapter 59. (a) Start of clock. For a pre-preliminary submission, sketch, preliminary, site plan, signature business headquarters plan, or biohealth priority campus plan application, the plan action date must be scheduled at the time of application acceptance, and noted in the Application Notice letter sent by the applicant. If the Director determines that an administrative subdivision plan requires a Board hearing and action, the hearing must be scheduled on the next available agenda date. (b) Possible extension. Depending on the complexity of the plan and the degree of controversy, Board hearing dates may need to be extended, as discussed above, to have sufficient time to identify and understand the issues of the proposed project and sufficiently explore and incorporate features to address these issues. (c) Minimum requirements for scheduling a Board hearing. Action on an application must not be scheduled until the lead reviewer determines that: i. a final plan has been submitted by the applicant and date stamped by the lead reviewer to identify it as the official plan for Board consideration; ii. all agency reviews are completed and written recommendations have been received; and iii. all relevant issues and concerns have either been resolved or will be presented to the Board for resolution. (d) Request to postpone a public hearing agenda item. The applicant or any other party may request postponement of a scheduled public hearing after the staff report has been published. The request must be made in writing to the Chair of the Planning Board no later than 12:00 p.m. on the day prior to the scheduled hearing. Each request for postponement must clearly identify and fully explain the basis for postponement. The staff must notify the applicant of each postponement request, and the applicant must be given an opportunity to respond. A decision to postpone a public hearing may only be made by the Planning Board Chair or the Planning Board. 3. Visual exhibits. Applicants must submit digital copies of any exhibits to the lead reviewer for use in the Board hearing, at least 3 business days before the scheduled date of the hearing: (a) a rendered copy of the applicable land development plan (pre-preliminary, sketch, preliminary, administrative subdivision, and site); (b) a rendered forest conservation plan and landscape plan, if applicable; and (c) other exhibits, depending upon the issues of the plan, as requested by the lead reviewer. Anyone wishing to present visual exhibits to the Board must submit them to the Chair’s office by 12:00 p.m. on the day prior to the hearing. Any exhibits submitted will become part of the hearing record15. 4. Testimony. Any interested party may present testimony for consideration as part of the Board’s hearing by signing up in accordance with the Board’s Rules of Procedure. 5. Action on a record plat. Staff must schedule action for a record plat immediately after the final plat is accepted. Action is generally taken by the Board without discussion. A staff memorandum that includes a summary of staff’s review and recommendations and a copy of the proposed plat must be posted on the Commission’s website at least 10 days before the scheduled Board action date. Staff may add record plats to the Board’s agenda not later than 5 days before the scheduled action date in limited circumstances. Plats may be listed as part of the same agenda item and approved by the Board in one vote without discussion or individual motions. B. Director Action. Action on administrative subdivision plans and certain minor amendments to preliminary plans and site plans may be taken by the Director instead of the Board. A public hearing is not required before the Director acts, but the Director may determine that a hearing is warranted in some cases. When such a determination is made, the Director must cede their authority to act on the application to the Board and schedule the public hearing on the next available Board meeting agenda. 1. Public participation for a Director action. The required written application notice for an application that will be acted upon by the Director must include the fact that a public hearing will not be scheduled. The notice must also state that comments concerning the application must be submitted to the Director, and specify the time within which the comments must be received to be considered as part of the Director’s decision. Any comment period must be a minimum of 15 days from the date the written application notice is sent. 2. Timing. The timing of a Director action is subject to the scheduling requirements of subsection 50.10.01.07.A.2, above. C. Documentation of action. Written documentation of a Board or Director action is required. 1. Resolutions. Resolutions documenting a Board action required under Chapter 50 and Chapter 59 must be adopted per the Board’s Rules of Procedure. The resolution mailing date is the basis for calculation of the plan validity periods specified in Chapter 50 and Chapter 59. (a) Resolution notice. A copy of the resolution must be sent by staff to the applicant, the applicant’s engineer and attorney, if applicable, and all parties of record who provided a mailing address for the hearing16, and included in any certified plan drawing set. 2. Written Director action. The Director’s action on an application may be by letter or memorandum, or as part of the staff report. When the Director accepts all findings in the staff report and staff’s recommendation, the Director’s counter-signature and action date on the staff report is sufficient documentation of the action. The Director’s action date is the start of the plan validity period of the approved plan. (a) Notice of Director action. A copy of the Director’s approval must be sent to the applicant, placed in the public record of the application, and included in any certified plan drawing set. ---------- 15 With advanced notice before the day of the scheduled hearing, IRC Division staff will scan paper copies of visual exhibits and create digital copies for use in the meeting. 16 The parties of record for a hearing include the applicant, the applicant’s engineer, the applicant’s attorney, any individual or group that testifies at the hearing and provides a mailing address, and any individual or group that submits written testimony and provides a mailing address. Certification of plan drawings is required for preliminary plans, administrative subdivision plans, site plans, signature business headquarters plans, and biohealth priority campus plans (and any amendment thereto) that have been approved. The certified plan set must include all plans associated with these approvals, including, but not limited to forest conservation or tree save plans, landscape and lighting plans, architectural plans, and impervious surface plans. A. Steps for certification. After the Board or Director, as appropriate, approves an application that requires a certified plan to confirm the approval, the following steps must be taken: 1. The applicant must make any modifications to the application drawings that were required by the conditions of the approval, add a copy of the signed Board Resolution or Director approval, and submit the plan drawing set to the Planning Department. 2. Staff should review the submitted application drawing set within 15 days and either accept the plans or provide review comments to the applicant outlining necessary corrections. 3. Accepted drawings must be stamped approved, signed, and dated by the Director or designee. 4. A copy of the fully executed certified plan will be added to the electronic files for the application on the Planning Department’s website. B. Separate exhibit required for ownership units. Ownership units may not be included on a certified preliminary plan, or site plan, signature business headquarters plan, or biohealth priority campus plan drawing set. When an applicant intends to create ownership units within a lot included on such plans, a separate ownership unit drawing must be submitted for certification along with the preliminary plan, site plan, signature business headquarters plan, or biohealth priority campus plan. A. Inspections. The applicant must schedule all Planning Department inspections that are required by conditions of any approval with a Planning Department inspector per the approved inspection schedule. The inspection must confirm that land development activities occurring on a project site will conform to all requirements of the approved plans. Required pre-construction inspections must be coordinated with the DPS inspector and an applicant’s representative to ensure that requirements for sediment and erosion control and stormwater management do not conflict with approved requirements for forest conservation and protection of environmentally-sensitive areas. B. Surety and bonds. The applicant must enter into a Surety and Maintenance Agreement with the Board as required by any approved application, submit a cost estimate of the materials and facilities that are required to establish the surety amount, and provide a performance bond or other form of surety. 1. Timing and elements included. (a) Subdivision and site plan surety. Surety and bonding for the required elements of a preliminary plan, administrative subdivision plan, site plan, signature business headquarters plan, or biohealth priority campus plan must be provided per the timing specified in the conditions of approval; generally, before the issuance of building permits, use and occupancy permits, or sediment control permits. The elements include but are not limited to: landscape plant material, on-site lighting, indoor and outdoor recreational facilities, site furniture, mailbox pad sites, trash enclosures, retaining walls, fences, railings, private utilities, private roads and associated improvements, including sidewalks, bikeways, storm drainage facilities, street trees and street lights. (b) Forest conservation and tree save plan surety. Surety and bonding for the required elements of a forest conservation plan or tree save plan must be provided before the Planning Department inspector authorizes any clearing or grading of the development site. The elements include but are not limited to plant materials, tree protection measures, mitigation plantings, invasive species control measures, planting site preparation, fencing, boundary signage, and maintenance costs. 2. Review and approval. The required surety and bonds must be submitted to the IRC Division for distribution to the appropriate review staff. C. Other. 1. Before submittal of a Record Plat. An application for a record plat will not be accepted without verification that the following requirements have been met. (a) Certified plans. The applicant must submit a copy of the certified preliminary plan and associated forest conservation plan, and the Board’s resolution on the preliminary plan, with the record plat application. The applicant must also submit a copy of the certified site plan, signature business headquarters plan, or biohealth priority campus plan and associated forest conservation plan, and site plan, signature business headquarters plan, or biohealth priority campus plan resolution for any property that is subject to site plan, signature business headquarters plan, or biohealth priority campus plan approval. (b) Road improvements. The applicant must comply with Chapter 50, Sections 4.3.E.2.b, 4.3.E.3.b, 4.3.E.4.e, and 4.3.E.5.d by: i. Public roads. Applying to DPS for right-of-way permit(s) or satisfying any alternative requirements of DPS to ensure proper design of public roads. ii. Private roads. Obtaining the certification of an engineer that each private road has been designed to meet the requirements of Chapter 50, Section 4.3.4. (c) Conservation easements. Documentation needed to create all conservation easements must be prepared in at least draft form. (d) treet naming and address plan. The applicant must request an Address Plan or Address Verification from IRC Division staff before the initial submission of the Record Plat application. Staff will work with the applicant to assign addresses for newly created lots and verify addresses for existing properties that are to remain in their original configuration. If the approved subdivision includes new streets, the applicant must submit a list of proposed street names for staff review and approval to ensure that: new streets are not assigned names that are already in use in the County; the assigned names do not cause confusion in locating addresses for properties or structures; and they meet other Board guidelines for street names17. (e) Other necessary covenants or agreements. All covenants, agreements and easements required by Board conditions of approval must be prepared in at least draft form. (e) Required agency approvals. Regulatory approvals that are conditioned as part of the Board’s approval of an application, such as, a DPS well and septic permit or stormwater management concept, must be obtained before a plat is submitted. 2. Before issuance of Building Permit. The applicant must verify for IRC Division staff that all conditions of a Board approval that were required to be met before the issuance of a building permit have been satisfied. ---------- 17 Rules and guidelines for assigning addresses and street names in the County are provided in the latest version of the Addressing and Street Naming Guidelines and Procedures Manual for Montgomery County, Maryland (IRC Division, Montgomery County Planning Department, M-NCPPC). Certain types of applications have additional requirements not covered by Chapter 50 or the sections above, or are subject to alternative procedures for submission and review. These alternative requirements and procedures are described below. A. Administrative Subdivision Plan. 1. Board action required. The Director must cede their authority to act on an administrative subdivision plan application and schedule action by the Board if: (a) an objection to the application is received during the review, and the Director determines the objection is relevant; (b) the project site is within a Special Protection Area and required to submit a Water Quality Plan; (c) the application includes a request for a waiver under Section 50.9 of Chapter 50; (d) the application includes a request for abandonment of land dedicated for public use under Section 50.8.4.A.2 of Chapter 50; (e) the application includes a change to a recorded conservation easement on the project site; (f) the application includes flag lots and/or lots without frontage on a public road; and (g) the application includes a reservation of land for public use. 2. Director participation in application review. The Director may not participate in the DRC meeting or any other meetings that occur on an application before acting on the plan. 3. Effect of an appeal to an Administrative Subdivision Plan. An appeal of an administrative subdivision plan filed under Section 6.3.C of Chapter 50 stays the Director’s action on the plan until the Board acts on the appeal after a public hearing. B. Validity Period Extension Requests. The date when the Planning Board’s resolution for a preliminary plan is mailed establishes both the plan validity period and the validity period for the associated adequate public facilities review. The Board may extend these validity periods under Chapter 50, Sections 4.2.H and 4.3.J.7. 1. Application. An application filed for extension of a validity period must include a letter from the applicant, or the applicant’s representative, which identifies the facts, conditions, and provisions of law relied upon by the applicant to justify an extension. 2. Review and Action. Planning Department staff may review an application filed for extension of a validity period without referring it to other government or public agencies, and utility companies. A DRC meeting on the application is not required. Staff must prepare a staff report for the application as noted above, and schedule action per the timing required for the plan under which the validity period was established. C. Subdivision Regulations Waiver Requests. Chapter 50, Division 50.9 specifies waivers that the Planning Board may grant. Waivers are generally reviewed as part of an application for a preliminary plan of subdivision. However, a waiver of the requirement to submit a preliminary plan of subdivision may be requested. In that case, a separate subdivision waiver application is required. 1. Application. Each application for waiver must include a letter from the applicant or the applicant’s representative which specifies the facts, conditions, and provisions of law on which the applicant relies to justify a waiver. 2. Review and Action. An application for a subdivision regulations waiver must be reviewed per the requirements of Chapter 50, Section 9.5.A and acted upon by the Board. D. Adequate Public Facilities (APF) Review at Building Permit. Per Chapter 8, Section 8-31, a building permit must not be issued for lots that do not have a valid APF approval from the Board. If such approval is not granted by the conditions of an approved preliminary plan, administrative subdivision plan, site plan, signature business headquarters plan, or biohealth priority campus plan, the Department of Permitting Services refers the building permit application to the Board for a determination that public facilities will be adequate to serve the proposed development. In these cases, an application for APF review should be filed under these procedures. 1. Application. Each application for a building permit APFO APF review must include an application form, and applicable fee, and sufficient information to demonstrate the expected impact on and use of public facilities by the development. 2. Referral of the application. Immediately after accepting the application, the Director must send a copy to DOT, MCPS, DPS Fire Department Access and Water Supply, and any other applicable reviewing agencies for their comments concerning the plan. Per Chapter 8, each recipient must respond to the Board within 30 days after receiving the application from the Director. 3. Review. After receiving the recommendations of the participating reviewers, staff must prepare a staff report for the application as noted above. 4. Action. Action on an application for APF review at building permit may be taken by either the Director or Board, depending upon the circumstances of the request. (a) If a complete and adequate traffic statement is submitted and the proposed development generates less than 50 total peak hour person trips, the APF determination may be approved administratively by the Planning Department Director or designee. (b) If a complete and adequate traffic study is submitted and the proposed development generates 50 or more total peak hour person trips, the APF determination must be approved by the Planning Board following a public hearing. E. Request for an Exemption to Platting. When DPS requires verification from the Planning Department that a property is exempt from the requirement to be recorded by a plat per Chapter 50, Section 3.3, a written request must be submitted to the IRC Division. The request must include copies of all information needed to support the exemption as outlined in Section 3.3. F. Concept Plan. A concept plan is an optional, voluntary application that may be filed before a sketch, preliminary, site plan, signature business headquarters plan, or biohealth priority campus plan application to obtain advice concerning a proposed development project from the Development Review Committee (DRC). 1. Application. Each application for a concept plan must include an application form, a narrative statement from the applicant, or the applicant’s representative, that identifies the aspects of the proposed development on which advice is being sought, and sufficient information on accompanying plan drawings to show existing conditions and the extent of proposed development. 2. Referral of the application. Immediately after accepting the application, the Director must send a copy to the DRC reviewing agencies for their comments concerning the plan. 3. Review. The application must be scheduled for discussion at the next available DRC meeting after acceptance. Planning Department staff must prepare a summary of the DRC comments and provide it to the applicant within two weeks from the DRC meeting. (Legislative History: Council Res. No. 20-112; Supersedes: Council Res. No. 18-879)

A. Preliminary Plans (1) Residential component (includes all types of dwellings) (a) 1 - 100 dwelling units = $1000/application + ($50/Dwelling Unit) (b) 101 - 750 dwelling units = (a) + ($25/dwelling unit, for units 101 - 750) (c) more than 750 dwelling units = (a) + (b) + ($5/dwelling unit, for each unit beyond 750) (2) Commercial component (building gross floor area for all commercial uses) (a) 1 - 200,000 square feet = $1000/application + ($0.10/SF - for first 200,000 square feet) (b) 200,001 - 500,000 square feet = (a) + ($0.05/SF - for 200,001 to 500,000 SF) (c) more than 500,000 square feet = (a) + (b) + ($0.025/SF, for each SF beyond 500,000 SF) (3) Institutional/Religious* = $1000/application (*NOTE: for the purposes of this Regulation, “Institutional/Religious” is intended to address facilities for private, tax-exempt organizations whose primary function is to provide either health, social, recreational, religious, or benevolent services, or research or educational activities in areas of benefit to the public such as health, medicine, or conservation of natural resources. Applicable facilities include charitable or philanthropic institutions, places of worship, private educational institutions, libraries, museums, community buildings, private clubs or service organizations, hospice care facilities, hospitals, nursing homes, domiciliary care homes, group homes, or housing and related facilities for senior adults or persons with disabilities. If a preliminary plan is submitted which includes an Institutional/Religious facility in addition to other for-profit residential and/or commercial space, the fee for that plan shall be $1000 (for the Institutional/Religious facility) plus the applicable plan review fee for the remaining residential and/or commercial space.) (4) Storm drain capacity and post- = $500/application development impact studies for projects located within the Special Taxing Districts which pay a Storm Drain Tax to Montgomery County (for County maintenance of their storm drain systems) B. Local Area Traffic Impact Studies = $2000/study* *NOTE: This fee is in addition to the base fees for the review of preliminary plan packages. 1. These fees apply to all preliminary plans for property within the Regional District, as defined in Article 28 of the Maryland Annotated Code, located in Montgomery County with the exception of those municipalities which have their own planning authority and those Special Taxing Districts which maintain their own roads and storm drainage systems. For those Special Taxing Districts in which the storm drain system is maintained by Montgomery County (and the Special Taxing District pays a Storm Drain Tax to Montgomery County), the DPWT review will be limited to the storm drain capacity and post-development impact analyses (see fee no. A.4 above) 2. Applicants must pay the plan review fee or the minimum fee as specified at or before the time the package is submitted for review or the submittal package will be deemed incomplete and returned to the applicant. 3. Fees for revisions to previously reviewed applications are 35% of the fees in parts (A) and (B). Minor revisions to previously reviewed applications do not require an additional plan-review fee. The decision of when to require an additional plan-review fee shall be made by the Department of Public Works and Transportation. 4. Application fees are based on the rates in effect on the date the application was filed with the Department of Public Works and Transportation. Revision fees are based on the rates in effect at the time the revision was requested. 5. If any part of this Regulation is found to be invalid by a Court of competent jurisdiction and a final non-applicable judgment to that effect is entered by the Court, then those parts of the Regulation not deemed invalid will remain in full force and effect. The Director of Public Works and Transportation must adjust each fee set in or under this regulation on July 1 of each year. The Department of Public Works and Transportation may raise this fee annually by regulation by a percentage that does not exceed the rate of the increase (if any) in the department’s approved personnel costs for the then-current fiscal year compared to the approved personnel costs for the preceding fiscal year. For fees of $100 or more, the Director must calculate the revised fee to the nearest five dollars. For fees under $100, the Director must calculate the revised fee to the nearest dollar.

A. Staging Allocation Request Process 1. General Within the White Flint Sector Plan boundary, the Planning Board must allocate staging capacity based on the order in which requests for capacity are received and in a manner that is consistent with these regulations. 2. Staging Allocation Request A Staging Allocation Request is a request for staging capacity under the Approved and Adopted 2010 White Flint Sector Plan. The contents of a Staging Allocation Request and the effect of submitting a completed Staging Allocation Request will be governed by these regulations. 3. Contents of Staging Allocation Request A Staging Allocation Request must include a statement by the applicant that the applicant has received any necessary sketch plan approvals, preliminary plan approvals, or site plan approvals. The request must indicate the number of buildings proposed as well as the amount of residential and non-residential staging capacity requested, the gross amount of new development, and the net amount of new development if there will be demolition of existing structures. An applicant that demolished space after the adoption of the White Flint Sector Plan must provide, as part of any Staging Allocation Request, evidence of the date of demolition and the number of square feet or residential units demolished. Each Staging Allocation Request must include any Staging Allocation Request Form required by the Planning Board. 4. Planning Board Review of Staging Allocation Request The Planning Board must approve the Staging Allocation Request if sufficient staging capacity remains available, under the White Flint Sector Plan, to accommodate the applicant’s entire request. If sufficient capacity is not available to accommodate the applicant’s entire request, the Planning Department staff must place the Staging Allocation Request in a queue, and the Planning Board must schedule the Request on the Planning Board’s agenda when capacity becomes available. 5. Effect of Staging Allocation Request In order to be deemed complete by Planning Department staff, a Staging Allocation Request must contain any information required under the Subdivision Staging Policy (Section TA6, Alternative Review Procedure for the White Flint Policy Area), and must comply with these regulations. Once a Staging Allocation Request has been deemed complete by Planning Department staff, the staff must place the capacity requested in reserve. The Planning Board must not allocate the reserved capacity to any other applicant unless the Staging Allocation Request is rejected due to insufficient capacity or withdrawn by the applicant or the Staging Allocation Approval becomes void or expires under these regulations. 6. Joint Staging Allocation Requests Multiple property owners may submit a Joint Staging Allocation Request if those property owners also submitted a joint sketch plan application, which was approved by the Planning Board, and which included conditions establishing a phasing schedule for demolition and construction on all subject properties. B. Staging Allocation Approval Process 1. Contents of Staging Allocation Approval In a Staging Allocation Approval, the Planning Board must incorporate all information included in the Staging Allocation Request. The Staging Allocation Approval must also specify, as established in these regulations, the deadline for completion and acceptance of a building permit application under B.2, and the Staging Allocation Approval expiration date under B.5. 2. Requirement to obtain timely acceptance of building permit applications a. Applicants with a Staging Allocation Approval for a single building An applicant who has received a Staging Allocation Approval for a single building must have building permit applications accepted by the Department of Permitting Services for at least core and shell by close of business on the 90th day after the date of the Planning Board’s resolution granting the Staging Allocation Approval. b. Applicants with a Staging Allocation Approval for multiple buildings An applicant who has received a Staging Allocation Approval for multiple buildings must have all building permit applications accepted by the Department of Permitting Services for at least core and shell by close of business on the 180th day after the date of the Planning Board’s resolution granting the Staging Allocation Approval. 3. Reporting Requirement The applicant must present evidence of acceptance to the Planning Board within 15 business days after the Department of Permitting Services accepts a building permit application. 4. Effect of failure to obtain timely acceptance An applicant who fails to obtain timely acceptance of a building permit application loses any staging capacity allocated for which no building permit application has been accepted. The portion of the Staging Allocation Approval that is not perfected by obtaining timely acceptance by the Department of Permitting Services is thereafter void. 5. Validity a. Applicants with a Staging Allocation Approval for a single building Any Staging Allocation Approval for a single building that has not become void due to failure to obtain timely acceptance of a building permit application remains valid for 2 years from the date of the Planning Board’s Resolution granting the Staging Allocation Approval. All core and shell building permits necessary to construct the capacity allocated by the Planning Board must be issued within that 2-year validity period. Any applicant whose building permits are not issued within the 2-year validity period loses any allocated but unused capacity. b. Applicants with a Staging Allocation Approval for multiple buildings A Staging Allocation Approval for multiple buildings that has not become void due to failure to obtain timely acceptance of a building permit application remains valid for 3 years from the date of the Planning Board’s Resolution granting the Staging Allocation Approval. All core and shell building permits necessary to construct the capacity allocated by the Planning Board must be issued within that 3-year validity period. Any applicant whose building permits are not issued within the 3-year validity period loses any allocated but unused capacity. 6. Staff approval of Staging Allocation Requests for zero net staging capacity a. No net draw on capacity A Staging Allocation Request must always be approved, regardless of available staging capacity, if the Request is for an amount equal to or less than any development being removed. In that case, Planning Department staff may grant the Staging Allocation Approval. b. Development approvals that pre-date the approval of the Sector Plan A Staging Allocation Request must always be approved, regardless of available staging capacity, for any project that has a valid Adequate Public Facilities approval or development plan approval that predates the approval of the White Flint Sector Plan. In that case, Planning Department staff may grant the Staging Allocation Approval. c. Procedures for staff approval of Staging Allocation Requests Any Staging Allocation Request that can be approved by Planning Department staff under subsection (a) or subsection (b) must be approved by the Planning Director or designee. Each staff approval must be included in the Biennial Monitoring Report. d. Projects approved by staff under this section not subject to certain provisions of these regulations A Staging Allocation Approval that can be issued by staff under section 6 is not subject to the requirements of the following sections: B.1 (Contents of Staging Allocation Approval); B.2 (Requirement to obtain timely acceptance of building permit applications); B.3 (Reporting requirement); B.4 (Effect of failure to obtain timely acceptance); and B.5 (Validity). C. Staging queue management The Planning Department must maintain a White Flint Sector Plan staging queue. Any Staging Allocation Request for which there is not sufficient capacity must be placed in the queue. For each Staging Allocation Request placed in the queue, the Planning Department must track the submission date and the date on which the Staging Allocation Request is deemed complete by Planning Department staff. Queue position is based on the order in which projects are placed in the queue. The Planning Department must place the oldest eligible application(s) in the queue on the Planning Board’s consent agenda calendar when staging capacity exists for the full development proposed in the application, both residential and commercial. Adjustments to queue position may be granted by the Planning Board upon receipt of a proposal jointly submitted by all applicants whose positions in the queue would be affected. The Planning Board is not a party to any negotiations between applicants who agree to change queue positions. D. Exemptions from Staging Allocation Request Process 1. Development approvals predating approval of the Sector Plan The White Flint Sector Plan states: “Any development approvals that predate the approval of this Sector Plan are considered to be in conformance with this Plan. For such approvals, only the difference between the amount of the prior approval and any requested increase would be subject to the phasing caps.” Projects with development approvals that predate the approval of this Sector Plan are not subject to either the phasing caps specifically or to the staging capacity allocation process generally. Staff approval of a Staging Allocation Request remains an option for such property owners, however, such approvals are not subject to the other requirements or limitations set forth in these Regulations. On December 9, 2010 the Planning Board confirmed its intent that four specific projects should not be subject to the phasing caps up to the amount of development approval that predated the adoption of the Sector Plan. 1) North Bethesda Center (LCOR) 1,350 dwelling units 1.14 million square feet of office 202,037 square feet of commercial Zone: TSM 2) North Bethesda Market (JBG) 440 dwelling units 223,000 square feet of non-residential Zone: TSM 3) White Flint View (Quantum/Noland Plumbing) 183 dwelling units 29,500 square feet of non-residential Zone: C-2 4) Metro Pike (BF Saul) 247 dwelling units 201,822 square feet of non-residential Zone: TSM 2. Affordable housing units Affordable housing units that are in addition to those required by Chapter 25A, and which are provided under the CR Zone incentives, must not be counted against the total available capacity as established under the White Flint Sector Plan. 3. Public facilities and staging A public facility is one that is owned or operated by a governmental body or an instrumentality of a governmental body and which serves a public purpose. a. Public facilities subject to mandatory referral are exempt from staging A public facility that is subject to the mandatory referral provisions of Article 28, section 7-112 is not subject to these regulations. b. Public facilities provided as a proffer are exempt from staging A public facility that is to be owned or operated by a public entity and that is provided in a private project as a proffer (e.g. in exchange for a density award) is not subject to these regulations, if the public facility will be conveyed to the public entity in fee simple, by perpetual exclusive easement, or by a long-term lease in excess of fifty years. The terms and method of any conveyance must be accepted by the public entity that will own or lease the facility before the Planning Board approves the Staging Allocation Request for the private elements of the project. The private elements of a project that includes a public facility are subject to the staging allocation requirements. A. General The Subdivision Staging Policy exempts properties in the White Flint Special Taxing District from the requirements of Local Area Transportation Review and Policy Area Mobility Review. Consequently, individual applicants need not prepare transportation studies to satisfy the requirements of the LATR and PAMR Guidelines. B. Comprehensive Local Area Transportation Review 1. General The Planning Department must perform a biennial Comprehensive Local Area Transportation Review (CLATR) to review and assess transportation capacity in White Flint. CLATR must analyze traffic conditions throughout the policy area and at individual intersections. The Planning Board must use CLATR to identify specific capital projects and services necessary to promote adequate transportation service. 2. Effect of CLATR The Planning Board must provide guidance on trip generation and distribution assumptions as part of the CLATR. Applicants outside the White Flint Special Taxing District who must submit transportation studies in order to satisfy the requirements of the LATR and PAMR Guidelines must use the trip generation and distribution assumptions established as part of CLATR when accounting for trips generated within the White Flint Special Taxing District. C. Transportation information required from applicants inside the Special Taxing District Individual applicants exempted from LATR and PAMR under the Subdivision Staging Policy need not submit transportation studies to satisfy requirements of the LATR and PAMR Guidelines. Applicants must still provide information to State or County agencies as needed to fulfill other legal requirements. This information may include, but is not limited to: Parking space requirements; and Sight distance evaluations. D. Development outside the special taxing district 1. Generally Applicants whose property is located inside and outside of the White Flint Special Taxing District are responsible only for improvements on their side of the Special Taxing District boundary. Applicants whose property is located outside of the White Flint Special Taxing District must be tested for APF compliance, if applicable, and required to provide intersection improvements as appropriate outside of the Special Taxing District boundary. 2. Trips generated in the White Flint Special Taxing District Applicants whose property is located outside the Special Taxing District who must submit transportation studies to satisfy the requirements of the LATR and PAMR Guidelines must include traffic attributable to development in the White Flint Special Taxing District as part of their background traffic, but only if the approved development in the White Flint Special Taxing District has a valid Staging Allocation Approval. 3. Trips generated by public facilities in the White Flint Special Taxing District Applicants whose property is located outside the White Flint Special Taxing District who must submit transportation studies to satisfy requirements of the LATR and PAMR Guidelines must include as background traffic any traffic attributable to public facilities in the White Flint Special Taxing District. 4. Traffic assignment consistent with CLATR Applicants whose property is located outside the White Flint Special Taxing District who must submit transportation studies to satisfy the requirements of the LATR and PAMR Guidelines must conduct traffic assignment consistent with the CLATR. 5. Improvements and mitigation Applicants whose property is located outside the White Flint Special Taxing District must be responsible only for transportation improvements outside the White Flint Special Taxing District. E. Conditions attached to development inside the Special Taxing District 1. General Individual applicants in the White Flint Special Taxing District must be responsible only for improvements required by County Code Section 50-24, such as streets interior or adjacent to the site, making any additional improvements necessary for safe access and circulation, and providing the funds for shared projects identified through the White Flint Special Taxing District and any District implementing resolution. 2. Privatization of traffic-carrying streets The White Flint Sector Plan (page 51) identifies four specific business street segments that are required to be open to general vehicular use as part of the robust street grid needed to disperse traffic. Each of these four specific streets may be implemented as private streets only if eight conditions have been satisfied. Those eight conditions are listed in the White Flint Sector Plan (page 52). All eight conditions must be incorporated within the Planning Board’s subdivision approval opinion for any project that proposes such a private street. (Legislative History: Council Res. No. 17-213)

This regulation adopts the definitions contained in the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, unless superseded or amended by the following definitions: 1. A.N.S.I. means the American National Standard Institute for Public Swimming Pools. 2. Approving Authority means the Director of the Department of Health and Human Services or the Director’s designee. 3. Decks means those areas surrounding a pool which are specifically constructed or installed for use by patrons. 4. Deep Area means swimming pool water depth that exceeds five feet. 5. Diving Pool means a swimming pool intended for use exclusively by divers. 6. Dry Deck means all pedestrian surface areas within the pool enclosure not subject to frequent splashing or constant wet foot traffic. Landscape areas are not included in this definition. 7. Egress means the manner of exiting the pool. 8. Floor means the interior bottom pool surface which consists of that surface from a horizontal plane up to a maximum of a 1:3 slope. 9. Handrail means a corrosion resistant tube or bar extending above and returning to the horizontal surface of the pool deck, curb or coping and located at each side of each ladder and in the center or on one side of each stairway. 10. Hazard means a condition or situation that could cause injury or illness to a patron or pool personnel. 11. Hydrostatic Relief means a method of reducing the water pressure around an empty or partially filled pool. 12. Immediate Premises means the area within the enclosed boundaries of the pool site. 13. Non-Swimming Area means any portion of a pool where water depth, offset ledges or similar irregularities would prevent safe swimming activities. 14. N.S.P.I. means the National Spa and Pool Institute. 15. Overflow System means perimeter type overflows, surface skimmers and surface water collection systems of various design and manufacture. 16. Patron means any person using a Public Swimming Pool, the adjoining deck area, or the immediate premises for the purposes of water sports, recreation, therapy, or related activities. 17. Private Spa means any outdoor bathing structure that is: a. a self-contained unit in which all control, water heating, and water circulating equipment is an integral part of the unit; b. built on the grounds of a single-family private residence; c. used solely by the owner, immediate family, tenants, or guests; and d. not used for swimming, diving, or wading. 18. Private Swimming Pool means any swimming pool that is: a. built on the grounds of a single family residence; and b. used solely by the owner, immediate family, tenants, and guests. 19. Public Swimming Pool means any swimming pool, except a private swimming pool or private spa, which is intended to be used collectively, by a number of persons for swimming, diving, wading or recreational bathing. Public Swimming Pools include: 1. A Public Pool that is: a. not a Public Spa; and b. is intended for public recreational use such as swimming, diving, wading, therapy, competition or associated activity. 2. A Public Spa that is: a. intended for public recreational and therapeutic uses other than swimming, diving, or wading; and b. is not drained, cleaned, or refilled for each user. 20. Shallow Area means an area where the water depth is five feet or less. 21. Stairs, Recessed Stairs, Ladders and Recessed Treads means those means of entry and exit to and from the pool. a. Stairs means a riser and tread or series of risers and treads extending down from the deck into the pool. b. Recessed Stairs means a riser and tread or series of risers and treads extending down from the deck to the pool floor with the bottom riser or tread termination at the pool wall (thus creating a “stair well”). c. Ladders means a series of vertically separated treads or rungs either connected by vertical rail members or independently fastened to an adjacent vertical pool wall. d. Recessed Treads means a series of vertically spaced cavities in the pool walls creating tread areas for stepholes. 22. Swimming Pool, whether public or private, means any artificial structure, basin, chamber or tank, except a private spa, either above or below ground, which is used or intended to be used for the primary purpose of swimming, diving, wading or recreational bathing. A swimming pool includes all associated equipment, structures and facilities located within a common enclosure. A unit used in conjunction with the private practice of a physician or physical therapist is not a swimming pool. 23. Toxic means an adverse physiological effect on man or the environment. 24. Training Pool means a pool not normally in excess of 3.5' deep at its points of maximum depth and usually reserved for use by persons learning to swim. 25. Transition Point means the place in the floor of the pool between water depths of 4'6" and 5'6" where an abrupt change in slope occurs. The transition point must be at the 5' depth in pools having a constant slope. 26. Turnover means the time required to circulate the entire pool volume of water through the filtration system and back to the pool. 27. Vertical means a line or surface running perpendicular to the plane of the horizon; a truly plumb line. 28. Wading Pool means a Public Pool that is a maximum of 24" deep and primarily intended for use by children. 29. Water Line: a. Skimmer system - the water line is the midpoint of the operating range of the skimmers. b. Overflow Systems - the water line is the height of the overflow rim. 30. W.S.S.C. means the Washington Suburban Sanitary Commission The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards. A. Plans and specifications requirements . 1. One copy of the plans and specifications must be submitted to the Approving Authority. 2. Plans and specifications must include sufficient information to permit detailed review for compliance with the Ordinance and this Manual. 3. Plans and specifications must be drawn to scale and contain these elements: a. Type of pool as defined in 51.00.01.01. b. Location diagram. c. Site plan, including location of roads, utilities and drainage. d. Swimming Pool layout, including appurtenances. e. Piping layout, including summary table of pool fittings and complete hydraulic calculations for determining dynamic head. f. Filter room layout. g. Bathhouse plan, unless no bathhouse required. h. Equipment specifications, including performance curves for circulating pumps to be used, as prepared and certified by the manufacturer. Make and model number must be submitted for all NSF equipment. Specifications sheets must be submitted for all non-NSF equipment. i. Structural sections. j. Finish schedule of all surfaces. k. Copy of the Opinion of the Board of Appeals, when applicable. B. Inspection requirements 1. An inspection and pressure test must be performed by the Approving Authority of the circulation piping before the pool bottom is installed. 2. Prior to licensure, the Swimming Pool must be inspected for compliance with the plans, especially the circulation piping and the installed equipment. 3. Prior to licensure, an operating test checking flow distribution in the Swimming Pool and performance of equipment must be completed satisfactorily. 4. The owner must provide for inspection of manufacturers’ manuals for the installed equipment and written instructions for the operation of the particular pool. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards. A. Location requirements. 1. A Swimming Pool must not be located in a 100-year flood plain unless the pool deck and equipment is established at elevations to protect them from flooding. 2. Storm drainage must not discharge into the Swimming Pool enclosure. 3. The water surface of indoor Swimming Pools must not be located directly below waste pipes. 4. The water surface of any Swimming Pool must not be located directly under power wires. 5. Rooftop Swimming Pools must be located reasonably close to the elevators. 6. Emergency access to the Swimming Pool and deliveries to equipment areas must be possible by means of: a. ability to drive a vehicle directly to the equipment area and immediate premise; or b. ability to drive a vehicle to a point within reasonable distance of the Swimming Pool. The point must be connected with the pool by a hard surface walk containing no steps or grades exceeding 15%; or c. elevators and nearby stairways in the case of rooftop and/or indoor Swimming Pools. The elevators and stairways must be of such dimensions as to permit manipulation of a loaded litter. 7. Public water supply and sewer must be available to the site, or an approved individual water supply system and/or an approved individual sewage disposal system can be installed satisfactorily on the site. 8. The location of the site must permit the removal of backwash water in accordance with the requirements of the W.S.S.C., the City of Rockville, or the City of Gaithersburg as applicable. 9. Swimming Pools must discharge into sanitary sewer systems where such systems are available and service is granted by W.S.S.C. or other operating agency. B. Barrier requirements. 1. All outdoor Swimming Pool areas must be enclosed by a barrier designed so as to minimize the possibility of unauthorized or unwary persons entering the pool area. The barrier must not be less than 72 inches in height. The Approving Authority may grant an exemption from the barrier being 72 inches in height. If an exemption is granted, the barrier must not be less than 60 inches in height, measured from the deck. 2. All wading pools must be surrounded by a fence or barrier at least 42 inches in height. A gate must be provided. 3. Sand beaches and other unpaved areas which are designed for use by patrons and which have surface material which will cling to the feet, must be separated from the pool deck by a fence, planting, or other permanent barrier such that access to the deck is gained only at controlled access points. Areas designed primarily for spectator use must be separated from areas used by patrons by a fence, partition, or other physical means. Entrance to these areas must not be through areas normally used by patrons. C. Utility requirements. 1. If a public water supply is available to the site on which the pool is located, water from the public water system must be used to serve the pool and ail plumbing fixtures. 2. The potable water supply system must meet the requirements established by the Maryland State Department of Health and Mental Hygiene and the Montgomery County Code for potable water service and must be able to maintain minimum pressure under all normal usages. 3. All portions of the potable water supply system serving the Swimming Pool and auxiliary facilities must be protected against backflow. 4. Potable water introduced into the Swimming Pool, either directly or to the circulation system, must be supplied through an air gap of at least 2 pipe diameters or other approved means. 5. If a public sewerage system is available to the site on which the pool is located, connection must be made to the system. Swimming Pools must discharge into sanitary sewer systems where such systems are available and service is granted by W.S.S.C. or other operating agency. 6. The sewerage system must be adequate to serve the facilities including the bathhouse, locker room, and related accommodations in accordance with the requirements of the Maryland State Department of Health and Mental Hygiene and the Montgomery County Code and/or W.S.S.C. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. The capacity of the pool, which is the maximum number of persons permitted in the pool at any given moment, is established as follows: 1. Public Pools - After deduction of the 300 square feet for each diving board or platform, one person is allotted for every 20 square feet of Deep Area and one person for every 12 square feet of shallow area. One additional person is allotted for each diving board or platform. 2. Public Spas - One person is allotted for every 9 square feet of total water area. B. Pool and enclosure capacities must be determined by the Approving Authority in writing and must be conspicuously posted by the owner at the pool. This regulation adopts the pool and spa safety and operator certification sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, as the operating standards of this regulation unless superseded or amended by the following specific standards: A. General. 1. The Swimming Pool structure must be constructed of materials which are non-toxic to man and the environment, resistant to permanent deformation, impervious and enduring, can withstand the design stresses, will provide a watertight structure, and have a smooth and easily cleanable surface without cracks or joints, excluding structural joints. 2. Wood, sand, or earth must not be permitted for surfaces in a Swimming Pool. 3. The floor of all pools must be white, light colored, or light colored patterns in order to facilitate the identification of any objects within the pool. 4. The surfaces within a Swimming Pool intended to provide footing for patrons must be designed to provide a slip-resistant surface. The roughness or irregularity of such surfaces must not cause injury or discomfort to the feet. 5. An adequate means of hydrostatic relief must be provided. 6. There must be no hazardous protrusions, including underwater ledges, from the floor or walls of the pool into the water. 7. The maximum horizontal distance of the tip of the diving board or platform from Point A may vary plus or minus 3" to allow for construction tolerance on Public Swimming Pools. B. Floor. 1. The slope of the shallow area floor must be uniform, must slope to drain, and must not exceed 1' of fall in 12'. Public Spa floors must slope to drain. 2. The slope of the Deep Area floor must be uniform, must slope to drain, and must not exceed 1' of fall in 3'. 3. All corners formed by the intersection of walls or by the intersection of walls and floors must have a minimum 6" cove radius in water depths greater than 3 feet. For additional guidance, see the current standards established by A.N.S.I. C. Means of Swimming Pool Entry/Egress: Stairs, Recessed Stairs, Ladders, and Recessed Treads. 1. Public Swimming Pools must have: a. In the diving well: 1 ladder for each 75' of perimeter but no less than 2 ladders. b. In the shallow area: one means of entry/egress for each 75' of perimeter and approximately evenly spaced. c. Not less than two means of entry/egress at any one pool. 2. No means of entry/egress needs to be provided at pools where the maximum water depth does not exceed 24 inches. 3. Stairs, recessed stairs, ladders, and recessed treads should be so located so as not to interfere with racing lanes. 4. All handrails must meet the standards established by A.N.S.I. 5. Ladder treads must be constructed so as to reduce the possibility of slipping, be self-draining, and be at least 3" in width over the stepping surface. 6. The design and construction of pool stairs must conform to the following: a. Each stair tread must have minimum unobstructed horizontal dimensions of 10" x 24". b. Risers at the centerline of the treads must have a maximum uniform height of 12". c. Stair treads must have slip-resistant surfaces. 7. The design and construction of recessed treads in the pool wall must meet the standards established by A.N.S.I. 8. Pool stairs must be painted or tiled on the nosing with a contrasting color to indicate a drop to the next level. D. Special Features. 1. Underwater seat benches, when provided, must not be over 20" below the water line and must be: a. visually set apart from the surrounding pool surfaces by a contrasting color or visual image such as provided by colored tile nosing, etc; b. completely recessed in either a separate alcove or wall indentation especially designed for that purpose when located in the Deep Area of a pool; and c. provided with a slip-resistant surface. 2. Off-set ledges, when provided, must fall within an 11 degree line from vertical starting at the junction of the pool wall and water line. Ledges must have a maximum width of 8" and a slip-resistant surface. DIAGRAM BELOW: 1. 11" should be 11° 2. 1.5 should be 1:5 E. Wading Pools. 1. Wading pools must be separate and physically set apart from shallow water areas of Swimming Pools by at least 6' of deck. Wading pools must not adjoin the main pool where the water in the main pool is in excess of 4' deep. 2. Wading pools must have a maximum water depth of 24". 3. Walls in wading pools must be vertical or within 11 degrees of vertical except for the lower 6", which must be radiused to the floor. Walls must not extend more than 6" above the water line at any point. 4. Floors of wading- pools must be uniform and sloped to drain with a maximum slope of 1' in 12'. F. Pool Depths. 1. Public Swimming Pools must have a minimum depth of water in the shallow end of the main swimming area of 3' with a 3'6" minimum if racing lanes are provided. 2. Public Spas must have depths as required for their intended use. 3. Public Swimming Pools intended for diving must: a. comply with COMAR 10.17.01 (2013) if constructed after the effective date February 10, 1997; b. come into compliance with COMAE. 10.17.01 (2013) once altered if constructed before February 10, 1997; or c. maintain the pool, including appurtenant structures and equipment, in the manner most recently approved before the adoption of COMAR 10.17.01 (2013) provided: i. any appurtenant structures and equipment consist of the same or equivalent materials having the same specifications, operating characteristics, and certification; and ii. the pool does, not create a hazard as determined by the approving authority that threatens the health and safety of an individual using the pool. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. General Standards. 1. A deck clearance of 24" must be provided around deck equipment which is 36" or less in height above the deck and 36" deck clearance around all other deck equipment. 2. Dressing room exits to pool must be to the shallow area of the pool. At least 15' of deck must be provided between the dressing room door and the pool edge or as approved by the Approving Authority. 3. Joints where pool coping meets concrete decks must be caulked and made water tight and must not allow water to pass to the ground beneath. B. Deck Drainage. 1. Joints in decks must be provided to control cracks which may be hazardous due to a change in elevation, separation of surfaces, or movement of the slab. 2. Where deck work joins concrete work other than the pool, these areas must be protected by expansion joints filled with a non-rigid material such as mastic to adequately protect the pool from the pressures of relative movements. 3. Decks must be edged, radiused, or otherwise relieved so as to provide no exposed sharp corners. 4. Except for ramps, dry decks must have a uniform slope of not less than 1/4" per foot and not greater than 1/2" per foot to drains. 5. Public Spa decks must be sloped to drain and shall prevent standing water. 6. Drainage must be adequate to remove pool splash water, deck cleaning water, and rain water, and must drain away from the pool. 7. Site drainage must be provided to prevent standing water. 8. Drain covers must be suitable for bare foot traffic and flush with the deck. 9. Water to the pool must be introduced only through an air gap of at least 2 times the pipe diameters. 10. Fill spouts must be located under a diving board, within 10 inches adjacent to a ladder or handrail, or in front of a lifeguard stand whose supports are immediately adjacent to the pool or spa rim, or otherwise properly shielded so as not to create a hazard. Its open end must have no sharp edges and be provided with a flexible cover on the tip of the fill spout. C. Perimeter Deck. 1. A minimum of 4' in un-obstructive width must surround the pool perimeter. 2. The perimeter deck shall be flush with pool wall/coping or as the Approving Authority allows. 3. Patrons may be restricted from access to areas of the perimeter deck. D. Dry Deck. 1. Must be continuous and an un-obstructed circulation path in conformance with ADA requirements for an Accessible Route. 2. Shall connect all site amenities, entrances, and exits as required by ADA requirements. E. Fixtures. 1 . Hose bibs must be provided around the perimeter of the deck so that all parts of the pool deck area may be reached with 100' of hose and are placed so that no tripping hazard is created. All hose bibs must be equipped with a backflow preventer. 2. At least one drinking fountain must be provided for each 2,500 square feet of water surface or fraction thereof. The drinking fountain must be located more than 100' from any point inside the pool enclosure. 3. Rinse devices such as showers or foot sprays, designed to rinse loose foreign matter from the body, may be provided at access points to the deck from unpaved areas. F. Lifeguard Chairs. 1. At least one elevated lifeguard chair must be provided for each 2,000 square feet of water surface area or fraction thereof. The lifeguard chair or chairs must be located so that the entire bottom area of the Swimming Pool is collectively visible from the lifeguard chair(s) on the perimeter of the Swimming Pool, and the lifeguard’s field of vision does not have to exceed 90° to the right and left of the center line of the chair. 2. Where a Swimming Pool is equipped with more than one lifeguard chair and the pool width is 45' or more, each lifeguard chair must be located on opposite sides of the pool. 3. A Swimming Pool which meets all of the following conditions is exempt from the requirements for a lifeguard chair: a. The greatest water surface dimension is equal to or less than 35'. b. The maximum depth does not exceed 5'. c. The shape of the Swimming pool is such that the entire bottom of the Swimming Pool can be seen by a person standing at any location on the edge of the Swimming Pool. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. Artificial lighting must be provided at all indoor and outdoor Swimming Pools which are to be used at night or when daylight is insufficient. Lighting fixtures must be of such number and design as to illuminate all parts of the pool, the water, and the entire pool area. Lighting must be installed to minimize reflection from the water surface so the visibility of the pool or spa bottom is not obscured. B. Fixtures, electrical equipment, and wiring must be installed in conformity with the Montgomery County Electrical and Building Code and the National Electrical Code adopted therein, and must be installed so as to create no hazard of burning, electrical shock, mechanical injury, or temporary blinding by glare to the patrons and so that lifeguards can clearly see every part of the pool area without being blinded by glare. C. Where underwater lighting is used, no less than 1.25 watts must be employed per square foot of water surface in water over 5' deep and not less than .75 watts must be employed per square foot of water surface in water 5' deep or less. D. Where underwater lighting is used, and night swimming is permitted, area lighting must be provided for the deck areas and directed toward the deck areas away from the pool surface where practical. At least 0.6 watts per square foot of deck area or at least 15 footcandles must be provided. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. There must be no protrusions, extensions, means of entanglement, or other obstructions which can cause entrapment or injury to the patron. There must be no hazardous obstruction extending from the Swimming Pool wall or floor. B. Handholds must be provided around the perimeter of the Swimming Pool and must not be more than 9" above or 3" below the static water level. The overhang for coping or cantilevered decking shall not be greater than 2" nor less then 1" and shall not exceed 2 1/2" in thickness for the last 2" of the overhang. C. A lifeline must be provided at or within 1' of the transition point and on the shallow side of that point. Its position must be marked with floats at not greater than 5' spacing. The life line must be 1/2" inch minimum diameter and its terminals must be securely anchored, be of corrosion-resistant material, and be of a type which has no projection which may constitute a hazard to patrons. D. Depth Markers. 1. Depth of water in feet must be clearly and permanently marked at or above the water line on the vertical pool wall and on the top of coping or edge of the deck within 12" of the pool wall. Markings must be at maximum and minimum points, at all points of slope change, and at no more than 2' increments of depth. Such marking must be spaced at no more than 25' intervals and must be arranged to be uniformly located on both sides of the Swimming Pool as well as both ends. In the case of irregularly shaped Swimming Pools, such markings must also designate depths at all major deviations in shape. 2. The depth marking numbers must be at least 4" minimum height, be a contrasting color with the background, and be permanent. Markings on the vertical pool wall must be positioned to be read from the water side. Markings on the deck must be positioned to be read while standing on the deck facing the water. Deck markings must be slip-resistant. 3. Depth markers shall be marked in units of feet and inches. Abbreviations of “FT” and “IN” may be used in lieu of “FEET” and “INCHES”. E. Indoor Public Spas may not be individually enclosed. F. Hotels exempted from lifeguards must provide a functional and visible emergency alert system approved by the Director that: 1. connects directly to 9-1-1; and 2. notifies an employee of the hotel when activated. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. General. 1. A circulation system consisting of pumps, piping, return inlets and suction outlets, filters, and all associated equipment shall be provided for the complete circulation of water. All new Public Pools and Public Spas must have separate dedicated filtering systems. 2. The time required for complete water turnover at Public Swimming Pools and Diving Pools must not exceed 480 minutes, at training pools must not exceed 240 minutes, at wading pools must not exceed 120 minutes, and at Public Spas must not exceed 30 minutes. 3. Circulation components must meet the standards established by both the A.N.S.I. and the National Sanitation Foundation. The circulation components must be installed per the manufacturer’s specifications and accessible for inspection, repair, or replacement. 4. Swimming Pool inlets and outlets must be provided and arranged to produce a uniform circulation of water so as to maintain water clarity and a uniform disinfectant residual throughout the pool. 5. In Public Spas, when only one skimmer is provided, the main drain and skimmer must be connected prior to any valves to prevent entrapment. B. Inlets - All Swimming Pools. 1. All inlets must be adjustable for flow regulation and located either in the wall at least 12" below normal water level or in the floor of the pool. 2. Inlets must be provided at a minimum rate of one for every 20' of wall perimeter or fraction thereof. 3. Inlets must not be less than 1 ½" in diameter. 4. Inlets from the circulation system must be designed so as not to constitute a hazard to the patron. C. Outlets - All Swimming Pools. 1. At Public Swimming Pools utilizing side-wall inlets, main drain outlets must be provided in the deepest part of the pool to drain the pool and to return at least 30% of the design rate of flow to the filtration system. 2. At Public Swimming Pools utilizing bottom inlets, main drains must be in the deepest part of the pool. 3. When the main drain outlets are used for pool pump suction, they must not be spaced more than 20' on center. An outlet must not be more than 15' from each side wall. Main drain sumps must be hydrologically based. 4. All main drain sumps and covers must conform with the federal requirements of the Virginia Graeme Baker Act. D. Surface Skimming Systems. 1. A surface skimming device must be provided at all Public Pools to receive water and floating material from the pool surface as part of the circulation system. 2. The size of the surface skimming system must accommodate at least 70% of the design rate-of-flow when side wall inlets are used, and 100% of the design rate-of-flow, when bottom inlets are used. 3. The surface skimming system must be designed and constructed to skim the pool surface when water level of the pool is maintained at the operating level of the rim or weir device. 4. When a perimeter or gutter system is used, it must extend around the entire perimeter of the pool. Gutters must be located near the top of the pool and designed so that the channel is accessible for cleaning and presents no hazard to the patron. The lip of the gutter must be level throughout the pool and designed to serve as a handhold for patrons. The gutter bottom must slope toward outlets spaced no more than 15' apart. The outlet drains must not be less than 2" in diameter and the total open area of the grating must be at least 1 1/2 times the cross-section of the outlet pipe. Connection to the suction side of the circulation pump must be through a surge tank. 5. Floating weir type skimmers must be recessed into the pool walls. There must be one skimmer provided for each 30' of pool perimeter. Every outdoor pool must be equipped with at least 2 skimmers located in opposite corners, one of which is the north or northeast corner. The skimmers must come equipped with a device for regulating the water flow through the outlet pipe. All new and replacement skimmers must conform with the federal requirements of the Virginia Graeme Baker Act. 6. In wading pools which use floating weir type skimmers, only one skimmer will be required when any of the following conditions are met: a. All pool dimensions are less than 20'. b. The surface area is less than 200 square feet. c. The additional skimmer would provide a rate-of-flow less than 1.67 gallons/minute per inch of weir. d. The skimmer equalizer line is connected to the main drain sump. e. The skimmer suction line and the main drain line are connected prior to any valves. E. Piping System. 1. The piping system must be designed so that it is possible to fill the pool, circulate the pool water through the treatment equipment, return it to the pool, wash the filters, discharge filtered water to waste, drain the entire system, disinfect the circulated water, add other necessary chemicals, and heat the pool water where heating units are provided. 2. All pool piping must be supported by piers, hangers, or other means. 3. All pipes must be capable of being drained or otherwise protected from damage caused by freezing. 4. The piping system in the filter room must be labeled by color coding, permanently tagged valves, or other means. It must be accompanied by a corresponding diagram outlining proper operation and backwash procedures. 5. The water from all new and remodeled Public Swimming Pools and Public Spas must be circulated through a separate, properly sized, and approved filter system. 6. At all installations where water from the pool is returned to an equipment room located below the normal water level of the pool, control valves must be installed on the suction manifold and the return line. F. Pumps. 1. The pumping equipment must have the ability to circulate the pool water at the required circulation rate at or near maximum efficiency against the maximum total dynamic head developed immediately prior to washing of the filters. 2. Self-priming pumps must be provided when the elevation of the pumps is higher than the normal water level in the pool. 3. Pumps must be accessible for inspection and service. Replacement parts must fit with existing parts in the pump without the need for redrilling mounting holes or otherwise altering the replacement part of the pump. 4. The motor frame must contain adequate provision and be properly grounded. 5. Pumps used on Public Swimming Pools must meet the safety performance requirements of A.N.S.I. and the National Sanitation Foundation standards covering pumps. 6. A cleanable strainer shall be provided upstream of the circulation pump(s) to remove solids, debris, hair, lint, etc., on all pressure filter systems. 7. A spare strainer basket must be provided for each unit. G. Filtration. Circulation systems must be equipped with filters which pass the water and retain the suspended matter and have the following characteristics: 1. Filter requirements - General. a. Filters must be designed to maintain pool water under anticipated operating conditions in accordance with 51.00.01.09A.2 of this regulation. b. Filters must be designed so that filtration surfaces can be inspected and serviced. c. Filters must meet the standards established by both the A.N.S.I. and National Sanitation Foundation. 2. Design Rates. Maximum flow rate of filters must not exceed the requirements established by both the A.N.S.I. and National Sanitation Foundation. 3. On pressure type filters, a pressure gauge or gauges with an appropriate range must be provided. 4. A means must be provided to permit release of air which enters the filter tank. Any filter incorporating an automatic internal air release as its principal means of air release must have lids which provide a slow and safe release of pressures as a part of its design and must have a manual air release in addition to automatic releases. Any separation tank used in conjunction with a filter tank must have a manual means of air release or a lid which provides a slow and safe release of pressures as they are opened as a part of its design. 5. Separation tanks must have a precautionary statement warning the user not to start up the filter pump without first opening the air release unless automatic air vents are a part of the tank and t system. The statement must be visible and noticeable within the area of the air release. 6. Filters must be sized to accommodate or exceed the design flow rate of the system as per manufacturer instructions. 7. Public Pools utilizing cartridge type filters must provide a second complete set of approved filter elements. 8. A tub of sufficient size to hold 1 complete set of filter elements must be provided for cleaning cartridge filter elements. H. A suction type cleaner must be provided for each pool site. 1. If the suction cleaner is operated by the circulation pump, the suction cleaner line must be connected ahead of the hair and lint catcher. Sufficient pool connections must be provided to allow easy access to all parts of the pool bottom with the cleaner. 2. Portable cleaners may be approved by the Approving Authority. I. Waste Water Disposal. 1. Backwash water must be discharged into a sanitary sewer or by other means approved by the Approving Authority. No direct connection is permitted between the backwash line and sanitary sewer. 2. A holding tank of sufficient size to handle a backwash volume (minimum 2 minute volume) must be provided. The holding tank must provide an appropriate air gap from the end of the backwash line and connect to sanitary sewer by a maximum 2" pipe. J. Suitable equipment capable of feeding disinfectants, coagulants, chemicals for pH adjustment, and other required chemicals to the water being circulated must be provided in all pools. 1. Sanitizing equipment must meet the standards established by both the A.N.S.I. and National Sanitation Foundation and be capable of introducing a sufficient quantity of approved sanitizer to maintain the appropriate levels, required under all conditions of intended use. 2. Public Swimming Pools must have independent sanitizing feed systems. Supplemental feeding of sanitizers via the skimmer are prohibited when the pool is in use. Un-dissolved sanitizer must not be present within the skimmer when the pool is in use. Chemical feeders must be installed in accordance with the manufacturer’s specification. a. Chemical feed pumps must be wired so they can not operate unless there is adequate return flow to properly disburse the chemical throughout the pool as designed. b. Chemical feed pumps that are controlled by automatic sensing devices must have another redundant method to ensure pumps will not operate when there is inadequate flow. 3. Solution containers of sufficient size to adequately serve the pool and constructed of corrosion resistant material must be provided for each machine head of the positive displacement type feeder. 4. No chemical feeder may feed more than one pool. 5. The use of chlorine gas feeding equipment must be approved by the Approving Authority prior to installation. 6. The use of sodium hypochlorite as a sanitizer in an elevated pool application (rooftop) must be approved by the Approving Authority prior to installation. K. Rate-of-flow meters must be installed on all circulation systems. 1. There must be no impediments to flow upstream and downstream from the indicators for distances according to the manufacture’'s directions. 2. Meters must be placed to separately measure the flow to each pool. 3. Rate-of-flow meters must be of types which: a. read directly in gallons per minute; b. have a scale that is permanently etched and calibrated by the manufacturer and covers the range in which the system will operate; and c. are capable of measuring between 90% of the minimum required flow rate and 110% of the maximum flow rate of the filter(s). L. Sight glasses must be provided on all backwash lines. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. The method of heating the pool water must produce a reasonably uniform water temperature throughout the pool and must not endanger the patrons because of excessive heat or electrical shock. B. Heat exchangers must be designed to heat all or part of the circulated water and must be provided with easily readable thermometers mounted on the return line after the heater effluent line(s). Heaters at indoor pools must be capable of maintaining the temperature of the pool water at not less than 74° F. C. At Public Swimming Pools, an automatic temperature limiting device which will prevent the introduction of water in excess of 88° F. must be provided. D. At Public Spas, an automatic temperature limiting device which will prevent the introduction of water in excess of 104° F. to the pool must be provided. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards A. Space. 1. Equipment areas or rooms must provide sufficient space and sufficient clearances between pieces of equipment as well as between equipment and walls, floor, and ceiling to permit: a. The maintenance, operation, and replacement of equipment; b. Storage of chemicals and supplies without blocking access to equipment; c. Free drainage of water to points of disposal; and d. Cleaning of the room or area. 2. There must be a minimum clearance of 16" for maintenance and 6" for operation. B. Access. 1. Equipment areas must be made inaccessible to the patrons by means of separate enclosed rooms or buildings. Entrance to the areas must be through lockable doors only. 2. Equipment areas must be easily accessible to the. operator from the deck. Access must be provided in any barrier located along the most direct route to the equipment. Steps or ladders must be provided at the equipment area if it lies at a different elevation from the deck. C. Construction. 1. Floors of equipment areas must be finished in concrete or other impervious material and sloped to a drain so that no accumulation of water will occur. 2. Natural or mechanical ventilation sufficient to maintain the equipment room in a relatively dry condition must be provided. 3. Sufficient artificial light (20 footcandles minimum) to make controls and valves clearly visible must be provided. 4. Off the floor shelving of sufficient strength to handle the storage of chemical containers must be provided and constructed of a nonporous material. With the exception of Saturdays and Sundays between the hours of 11:00 a.m. and 7:00 p.m., lifeguards are not required to be on duty at a pool that has a water surface area less than 2,500 square feet located on the grounds of a hotel for the exclusive use of its registered guests if: A. the hotel is properly licensed under Chapter 54; B. the hotel posts warning signs that meet the following: 1. the size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas; 2. a safety sign is posted in a permanent location adjacent to a hotel in compliance with the American National Standard for Public Spas; 3. the safety sign includes the user load of the pool; 4. a chemical warning sign is posted at the entrance door to a chemical storage area and includes the text "Caution! Chemical Storage Area"; 5. a chemical vat, feeder, pump, and line is labeled to identify the chemical in use; 6. a chlorine gas warning sign reading "Danger—Chlorine Gas" is posted at the entrance to a chlorine gas feed room and storage area; 7. other warning, health advisory, and safety signs are posted, as required by Executive Regulation, if necessary to protect the public health and safety; and 8. a pool that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool reading "Warning: No lifeguard on duty. SWIM AT YOUR OWN RISK. Children under the age of 15 are not permitted to use the pool without adult supervision"; and C. the pool area has a functional and visible emergency alert system approved by the Director of the Department of Health and Human Services that: 1. connects directly to 9-1-1; and 2. notifies an employee of the hotel when activated. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards A. General. 1. All Public Swimming Pool installations, except those on the premises of motels or other transient residences must include an adjacent bathhouse equipped with showers, toilets, sinks, and dressing rooms. 2. When pool memberships are offered or to be offered at Swimming Pools exempted above, the necessary bathhouse must be provided. B. Layout. 1. The bathhouse must be laid out so that patrons must pass the showers before entering the pool. 2. The bathhouse must contain space reserved for the manager's use and for first aid equipment and treatment. C. Construction. 1. Floors of the bathhouse must be continuous throughout the area and relatively smooth, but with a slight texture to minimize slipping. To ensure complete draining, the floor of the bathhouse must be sloped not less than 1/4" per foot toward drains. 2. All partitions between the dressing room area, screen partitions, shower, toilet, and dressing room booths must be of durable material not subject to damage by water, and so designed that a water way is provided between the partition and floor to permit thorough cleaning of the floor areas with hoses and brooms and to increase circulation of air. 3. Lockers, wire baskets, hangers, hooks, or other sanitary means of storing clothing and personal accessories must be provided at each bathhouse. D. Light and Ventilation. 1. The bathhouse must be artificially illuminated to an intensity of not less than 15 footcandles on all parts of the floor surface at any time. All lights must be protected from breakage by a shatterproof shield. 2. The bathhouse must be provided with natural or mechanical ventilation to permit the maintaining of reasonably dry conditions. E. Showers, Toilets, and Lavatory Facilities. 1. Minimum sanitary facilities must be provided. The minimum criteria for bathhouse plumbing fixtures is based upon the anticipated maximum attendance of patrons. Plumbing fixtures for either sex is based upon a ratio of 50% of the total number of bathers being male and 50% being female, except where the pool is confined to use by one sex only, wherein 100% of plumbing fixture requirements must be provided for that sex. 2. A minimum of one toilet stall, one sink, and one urinal must be provided for each 100 male bathers or fraction thereof. 3. A minimum of two shower heads must be provided for the first 100 males or fraction thereof. One shower head must be provided for each additional 100 male bathers or fraction thereof. Up to 50% of the required number of showers may be placed on the pool deck. 4. A minimum of two toilet stalls and sinks must be provided in each bathhouse building for the first 100 females or fraction thereof. One additional water closet and sink shall be provided for each additional 100 females or fraction thereof. 5. A minimum of two shower heads must be provided for the first 100 females or fraction thereof. One shower head must be added for each additional 100 females or fraction thereof. Up to 50% of the required number of showers may be placed on the pool deck. 6. Water temperature from all shower heads must be between a minimum of 90°F and a maximum of 115°F, and must be protected by an approved pressure balanced anti-scald device. A minimum flow rate of 2 gpm is required at all showerheads. 7. A soap dispenser must be provided at each sink and shower and the dispenser must be of all shatterproof construction. 8. Mirrors must be provided and must be shatterproof. Toilet paper and holders must be provided at each toilet stall. 9. Fixtures must be installed in accordance with the Washington Suburban Sanitary District Plumbing and Gas Fitting Code or other applicable plumbing code and must be protected against back siphonage. 10. Fixtures must be designed so that they may be readily cleaned. Frequent cleaning and disinfecting must not cause damage. 11. Trash containers must be provided in both men's and women's bathhouses. Covered trash receptacles must be provided in the women's bathhouse. 12. Hose bibs must be provided in the bathhouse so that the dressing rooms, showers, and toilet areas can be cleaned. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: No food or drink is permitted in the Swimming Pool or on the decks within 6 feet of the pool. Trash containers must be provided throughout the immediate premises. A separate permit is required for the preparation and serving of food and drink under regulations governing Eating and Drinking Establishments. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council.

The section of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing definitions is incorporated for the definitions of this regulation unless superseded or amended by the following definitions: 1. Approving Authority means the Director of the Department of Health and Human Services or the Director’s designee. The Approving Authority is referred to as the “Director” in this document. 2. Backboard means a device used to stabilize injured patrons in the water. 3. Backwash Chart means a written step-by-step procedure describing the method for backwashing a recirculation system. The Backwash Chart must include pipe and valve coding or labeling information. 4. Chapter 51 means Montgomery County Code Chapter 51: Swimming Pools. 5. Closed means anytime when patrons are prohibited from entering the water or. if necessary, the immediate premises of a pool due to the existence of one of the summary reasons for closure as listed in 51.00.02.10.A. 6. CPR means Cardiopulmonary Resuscitation. 7. Data Sheet means a document posted in the equipment room, which provides the following information regarding the physical attributes of each Swimming Pool: a. Water volume (gallons); b. Water Surface Area (square feet); c. Pool Perimeter (linear feet); d. Designated Flow Rate (gallons per minute); e. Designed Turnover Time; f. Bather Load (Maximum Capacity); g. Water Depths; and h. Number of Returns (inlets). 8. Director means the Director of the Department of Health and Human Services or the Director’s designee. 9. Hazard means a condition or situation that could cause injury or illness to a patron or pool personnel. 10. Hotel has the same meaning as in Code §54-1. 11. Immediate Control means when the assigned Pool Operator is on the pool premises or able to report to the pool premises, if requested, within 15 minutes of notification by the Director. 12. Immediate Premises means the area within the enclosed boundaries of the pool site. 13. Immediate Supervision means when a Water-Safe person is no more than arm’s length from and continually observing a non Water-Safe person. The Water-Safe person is in addition to the Lifeguard. 14. Imminent Hazard means a condition or situation that must be immediately corrected to prevent injury or illness to a patron or pool personnel and requires closure of a Swimming Pool until the condition or situation no longer exists. 15. Lifeguard means a person at least 15 years old and in possession of a valid lifeguarding certificate from the American Red Cross, the Young Men’s Christian Association, or a comparable program approved by the Director. 16. Open means any time patrons can be admitted to the immediate premises, including swim team practices and competitions. 17. Owner means any person, cooperative, association, partnership, firm, corporation, public agency or authorized agent, excluding a Pool Management Company, under whose authority the Swimming Pool is being constructed, remodeled, reconstructed, or operated. For the purposes of serving a notice of violation of Chapter 51, the person who is present and in charge of the operation of the pool is considered an agent of the Owner. 18. Patron means any person using a Public Swimming Pool, the adjoining deck area, or the immediate premises for the purposes of water sports, recreation, therapy, or related activities. 19. Pool Management Company means any person, cooperative, association, partnership, firm, or corporation, excluding a Pool Operator, who is responsible by contract or other agreement with the Owner of a Public Swimming Pool for the operation of the Public Swimming Pool, including but not limited to one or more of the following: a. Assuring compliance with all operating standards set forth in Chapter 51 and all rules and regulations promulgated under that Chapter; b. Providing for the physical maintenance, supplies, and personnel as required by Chapter 51 and all rules and regulations promulgated under that Chapter; and c. Obtaining all necessary permits and licenses. 20. Pool Operator means any person in possession of a valid Montgomery County Pool Operator’s license who is in the Immediate Control of the operation of a Public Swimming Pool. 21. Private Spa means any outdoor bathing structure that is: a. a self-contained unit in which all control, water heating, and water circulating equipment is an integral part of the unit; b. built on the grounds of a single-family private residence; c. used solely by the Owner, immediate family, tenants, or guests; and d. not used for swimming, diving, or wading. 22. Private Swimming Pool means any Swimming Pool that is: a. built on the grounds of a single family residence; and b. used solely by the Owner, immediate family, tenants, and guests. 23. Public Swimming Pool means any Swimming Pool, except a Private Swimming Pool or Private Spa, which is intended to be used collectively by a number of persons for swimming, diving, wading, or recreational bathing. Public Swimming Pools include: a. A Public Swimming Pool that is: 1. not a Public Spa; and 2. is intended for public recreational use such as swimming, diving, wading, therapy, competition or associated activity. b. A Public Spa that is: 1. intended for public recreational and therapeutic uses other than swimming, diving, or wading; and 2. is not drained, cleaned, or refilled for each user. 24. Ready-To-Rescue means when a Lifeguard is attired in clothing appropriate to conduct the job duties; positioned so there is an unobstructed view of the pool floor; actively observing patrons in the water; and who has appropriate lifesaving equipment at hand. 25. Required Flow Rate means the minimum rate of flow for the recirculation system of a Public Swimming Pool as determined by the Montgomery County Manual on Swimming Pool Construction. 26. Spa Guard means an individual in possession of an approved current certification in infant, child, and adult CPR and first aid from an approved organization. 27. Spray Pool means any shallow pool into which treated water is sprayed but not allowed to accumulate. A Spray Pool is considered a Public Pool for the purposes of these regulations. A Spray Pool may also be referred to as an “interactive fountain.” 28. Swimming Pool, public or private, means any artificial structure, basin, chamber, or tank, except a Private Spa, either above or below ground, which is used or intended to be used for the primary purpose of swimming, diving, wading or recreational bathing. A Swimming Pool includes all associated equipment, structures and facilities located within a common enclosure. A unit used in conjunction with the private practice of a physician or physical therapist is not a Swimming Pool. 29. Wading Pool means a Public Swimming Pool that is a maximum of 24 inches deep and primarily intended for use by children. 30. Water Rescue means when a Lifeguard must enter the water with rescue equipment to assist a patron in distress, with or without the need to contact emergency personnel. 31. Water-Safe means being able to swim and capable of exercising proper judgment in taking action for self-preservation under emergency conditions. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety and pool and spa operator certification are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. Operating Permit. 1. It is the joint responsibility of the Owner and the Pool Management Company to submit an annual application to operate a Public Swimming Pool and pass a pre-opening inspection prior to operating the Public Swimming Pool. 2. If a Public Swimming Pool has closed for the season, an opening inspection must be conducted by and approval obtained from the Director prior to an Owner or Pool Management Company operating the pool. 3. A valid Montgomery County Swimming Pool permit must be posted on the immediate premises of the Public Swimming Pool. B. Pool Management Company Registration. 1. It is the responsibility of the Pool Management Company to submit an annual application to manage a Public Swimming Pool. 2. A Pool Management Company must post a valid registration permit on the immediate premises of the Public Swimming Pool. C. Pool Operator and Lifeguard Certification. Pool Operators, Lifeguards, and Spa Guards must be in possession of original documentation of their qualifications when they are on duty at the Public Swimming Pool. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing water chemistry, disinfection, and circulation systems are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. Filtration. When any Public Swimming Pool is open, it is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to comply with the following: 1. Water in the Public Swimming Pool must be of sufficient clarity so that the main drain is clearly visible from the closest lifeguard chair or the furthest edge of the Public Swimming Pool, if the Public Swimming Pool has no lifeguard chair; 2. Floating or sunken debris, algae, dirt, filter media, or filter aids must not be present in the Public Swimming Pool; and 3. The circulation system must operate between the minimum Required Flow Rate and the manufacturer’s listed filter capacity, as indicated on an approved flow meter. B. Chemical Treatment. At all times when the Public Swimming Pool is open, it is the responsibility of the Owner, Pool Operator, and Pool Management Company to comply with the following: 1. Chemical levels. a. Public Swimming Pool (Except Wading, Spa, Spray, and Therapy Pools): 1. pH a minimum of 7.2 and a maximum of 7.8; 2. Free chlorine a minimum of 1.5 ppm and a maximum of 10.0 ppm; and, 3. Total bromine a minimum of 3.0 ppm and a maximum of 8.0 ppm; b. Public Wading. Spray, and Therapy Pools: 1. pH a minimum of 7.2 and a maximum of 7.8; 2. Free chlorine a minimum of 3.0 ppm and a maximum of 10.0 ppm; and, 3. Total bromine a minimum of 4.0 ppm and a maximum of 8.0 ppm; c. Public Spas: 1. pH a minimum of 7.2 and a maximum of 7.8; 2. Free chlorine a minimum of 4.0 ppm and a maximum of 10.0 ppm; 3. Total bromine a minimum of 4.0 ppm and a maximum of 8.0 ppm; and d. Cyanuric acid a maximum of 80 ppm in any stabilized pool. 2. Tests for pH, free chlorine, and total bromine residuals must be performed and recorded at least once every hour when the pool is open. The initial tests must be performed prior to opening the pool to patrons to insure compliance with 51.00.02.03.B. Tests for cyanuric acid must be performed and recorded at least once a week prior to opening the pool to patrons and after any cyanuric acid treatment. 3. Any chemicals used in the Public Swimming Pool water must: (a) be non-toxic to persons in the concentrations found in the water and (b) be clearly labeled with directions for use. 4. A convenient method must be provided to measure the effective concentration of the chemical in the water. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing public pool and spa safety, operator certification, user load, suction entrapment prevention, toilet hand sink, and shower facilities, and diving areas and equipment are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: A. Staffing Requirements. 1. At least one Lifeguard in possession of a valid infant/child/adult or professional rescuer CPR certificate and a valid first aid certificate must be on the immediate premises when the Public Swimming Pool is open. For hotels exempted under 51.00.02.04.A.6.c. of this regulation, an employee with a valid infant/child/adult CPR certificate must be on the premises of the hotel when the pool is open for use and no lifeguard is on duty. 2. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to provide a licensed Montgomery County Pool Operator who is on site or who is in Immediate Control. A Montgomery County Pool Operator must be available to respond to operational problems within 15 minutes when not available on site. 3. If a Public Swimming Pool permit is summarily suspended two times in a licensure period for any of the conditions stated in 51.00.02.10.A. of this regulation, a Pool Operator must remain on the premises any time the pool is open, for the remainder of the licensure period. 4. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to ensure a camp or day care is properly supervised at a Public Swimming Pool in accordance to COMAR 10.17.01. 5. A person may fulfill the function of both a Lifeguard/Spa Guard and Pool Operator when such duplication can be accomplished without adversely affecting the safety of patrons and the operational standards of the Public Swimming Pool. 6. Lifeguards. a. Public Swimming Pool. 1. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Pool to provide at least one Ready-To-Rescue Lifeguard on the pool deck observing the Public Pool when the Swimming Pool is open. 2. A Lifeguard must have an unobstructed view of the Swimming Pool bottom and their field of vision must not exceed 90 degrees to the right or left when patrons are permitted in the water. 3. When a break is called, a Lifeguard must continue to be Ready-To-Rescue until all patrons have left the water. 4. The Director may require additional Lifeguards to be Ready-To-Rescue or restrict swimming to any portion of any Swimming Pool if the safety of the patrons is deemed to be at risk. 5. An Owner, Pool Operator, or Pool Management Company may use a Lifeguard on the deck of a Swimming Pool to monitor an adjacent Wading Pool provided the Wading Pool is not the only Swimming Pool at the facility and the Wading Pool can be observed from the Swimming Pool deck. 6. Public Spray Pools are exempt from the Lifeguard requirements in this subsection. b. Public Spas. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Spa to provide at least one Spa Guard on the immediate premises when patrons are permitted in the water. The Spa Guard must be trained in performing the chemical tests required in COMAR 10.17.01 and stated in this Executive Regulation. c. Hotel. 51.00.02.04: A.6. Lifeguards, except for on Saturday and Sunday between 11:00 a.m. and 7:00 p.m., does not apply to a pool that has a water surface area less than 2,500 square feet located on the grounds of a hotel for the exclusive use of its registered guests if: 1. the hotel is properly licensed under Chapter 54; 2. the hotel posts warning signs that meet the following: a. the size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas; b. a safety sign is posted in a permanent location adjacent to a hotel pool in compliance with the American National Standard for Public Spas; c. the safety sign includes the user load of the pool; d. a chemical warning sign is posted at the entrance door to a chemical storage area and includes the text “Caution! Chemical Storage Area”; e. a chemical vat, feeder, pump, and line is labeled to identify the chemical in use; f. a chlorine gas warning sign reading “Danger—Chlorine Gas” is posted at the entrance to a chlorine gas feed room and storage area; g. other warning, health advisory, and safety signs are posted, as required by Executive Regulation, if necessary to protect the public health and safety; and h. a pool that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool reading “Warning: No lifeguard on duty. SWIM AT YOUR OWN RISK. Children under the age of 15 are not permitted to use the pool without adult supervision”; and 3. the pool area has a functional and visible emergency alert system approved by the Director that: a. connects directly to 9-1-1; and b. notifies an employee of the hotel when activated. B. Occupancy. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Swimming Pool to comply with the following: 1. The number of patrons within the immediate premise must not exceed the limit established by the Montgomery County Manual on Public Swimming Pool Construction and the number of patrons in the water must not exceed the number that can be safely supervised by the Lifeguards or that exceeds the limit established in COMAR 10.17.01. 2. A visibly posted set of rules must be established and printed legibly on a backing of durable and water-resistant construction. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to enforce the rules which must include prohibiting patrons from: a. Introducing dirt, excreta, foaming agents, soaps and other extraneous matter into the water; b. Bringing dangerous objects and materials in the immediate premises; c. Unsafe acts, both in and out of the water; d. Entering the pool water if patrons exhibit signs of infection or are otherwise shown to be a contamination risk; e. Entering the pool water if patrons are not demonstrably Water-Safe or under the Immediate Supervision of a Water-Safe person; f. Entering the pool water if patrons are incontinent unless such individuals are clothed in snugly fitting water-proof pants which are designed to prevent the introduction of fecal matter into the pool and are worn over any type of diaper, including swim diapers; g. Swimming without a Ready-To-Rescue Lifeguard present on the deck of a Public Swimming Pool; h. Bringing any animal, other than a registered service animal, onto the immediate premises or allowing any animal to enter the pool water; and, i. Possessing food and beverage on the pool deck in an area other than that established in 51.00.02.07.D. This requirement does not include plastic bottled water brought by a patron for personal consumption. 3. Public Spas. In addition to 51.00.02.04, B.1 and 2 above, it is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to visibly post and enforce the following rules which prohibit patrons: a. From staying in the water for periods in excess of 15 minutes if the water temperature is from 98°F to 104°F. A minimum interval of 5 minutes must be spent out of the water for every 15 minutes in the water; b. Under 5 years of age; c. Who are pregnant or have a history of heart disease, diabetes, or circulatory problems, unless a physician has been consulted before using the spa. C. Hazards. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of every Public Swimming Pool to correct a hazard within the time frame specified by the Director. D. Imminent Hazards. It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to close a Public Swimming Pool when an imminent hazard exists. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing test kits, decks, and public pool and spa safety are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company to provide the following at each Public Swimming Pool: A. Safety & Rescue Equipment - All Public Swimming Pools. 1. A first aid kit as recommended by the American Red Cross and the following: 5 - 4 inch gauze pads 2 - Eye dressing pads 1 - Pair of Scissors 1 - Tweezers 1 - Face mask with one-way valve for performing CPR Disposable latex plastic gloves 2. Two twin size blankets for emergency use only; 3. A telephone that meets the requirements of COMAR 10.17.01.40 (2013). The facility’s telephone number must be clearly posted. If a cellular telephone is used, the phone must be the property of the Owner or Pool Management Company, adequately charged, functioning, available to patrons and pool personnel, only used for emergencies, and remain at the Swimming Pool when the Public Swimming Pool is open; 4. A bloodborne pathogen control kit; 5. Testing equipment for pH and the approved chemicals in use must be provided. The testing equipment must be in proper working condition and capable of reading free chlorine residual or total bromine on a scale containing a minimum of 1.0 ppm increments with a range of 1.5 ppm to 10.0 ppm chlorine or 3.0 ppm to 8.0 ppm bromine inclusive, and pH values on a scale containing 0.2 increments with a range of 7.2 to 7.8 inclusive; and 6. A means for disabled patrons to enter and exit any indoor Public Swimming Pool or a Public Swimming Pool constructed after February 10, 1997 and all Montgomery County-owned pools. Any handicapped accessible equipment must be in good working condition. 7. An Automated External Defibrillator (AED) in good working condition and current registration with the Maryland Institute for Emergency Medical Services Systems Automated External Defibrillator Public Access Program. B. Safety & Rescue Equipment - Public Pools. 1. One or more lightweight but strong poles that are not less than 12 feet in length and equipped with blunted ends to assist or rescue patrons; 2. An approved Backboard designed for medical emergency use equipped with three quick release straps and a head immobilizer; and 3. A rescue tube for each Ready-To-Rescue Lifeguard. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing operating records and injury and illness reports are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards. It is the responsibility of the Owner, Pool Operator, and Pool Management Company of all Public Swimming Pools to comply with the following: A. An operational log must be must be available at all times for inspection. An operational log must include the information required in COMAR 10.17.01 (2013) and: 1. Approved disinfectant residuals recorded at one hour intervals and prior to opening for the day; 2. pH levels recorded at one hour intervals and prior to opening for the day; 3. Cyanuric acid concentration (if in use) recorded once weekly for a public pool and daily for a Public Spa and after each addition of cyanuric acid, when the level is stabilized; and 4. The reason a Public Swimming Pool was closed (if appropriate) and any action taken as a result of the closure. B. All Public Swimming Pool equipped with an approved Vacuum Release System (VRS) must be tested and recorded daily prior to opening. C. An Injury and Illness Report form must be completed and submitted to the Director as required in COMAR 10.17.01. The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013), Public Swimming Pools and Spas, governing decks, plumbing, disinfection of towels, antiscald protection for showers, equipment rooms, and maintenance are incorporated for the operating standards of this regulation unless superseded or amended by the following specific standards: It is the joint responsibility of the Owner, Pool Operator, and Pool Management Company of all Public Swimming Pools to comply with the following: A. Decks and Immediate Premises. 1. Decks must be clean and free of algae, debris, and ponded water. 2. The immediate premises must be kept free of trash and glass. 3. A sufficient number of covered, cleanable waste containers must be placed in the bathhouse and within the immediate premises. Waste containers must be emptied at sufficient intervals to keep them from overflowing. 4. All drinking fountains, foot showers, and deck drains must be in good working condition. B. Bathhouse and Restrooms. 1. All facilities within the bathhouse and restrooms must be in good working condition and maintained in a clean and sanitary manner. A sanitary napkin disposal container must be provided in the women’s bathhouse. 2. Hot water, at least 90°F and less than 115°F, must be provided at each shower and, for Public Swimming Pools constructed after the effective date of this regulation, each hand sink must have at least 90°F of hot water. 3. The following must be provided in a bathhouse restroom: a. Soap in a dispenser at each shower; b. An adequate supply of soap in a dispenser and paper towels or other approved hand drying device at hand sinks and; c. Toilet paper at each toilet. 4. Swimsuits may not be provided by a Public Swimming Pool facility unless the recipient becomes the sole owner of the suit and is responsible for its care and cleaning. 5. Towels provided by a Public Swimming Pool must be properly washed and disinfected after each use. A covered, cleanable container must be provided to collect soiled towels. Clean towels must be stored in a sanitary manner. C. Equipment Rooms. 1. Filter and pump rooms must be kept clean, uncluttered, and reasonably dry at all times. Chemical spills, waste material, excess water, and debris must be promptly removed. Supplies and chemicals must be stored in labeled containers. 2. Controls, valves, and gauges must be accessible. Valves and gauges must be in good working condition and labeled in accordance with the Backwash Chart. 3. Filter and pump rooms must be adequately lighted so that all controls, valves, and gauges can be easily identified and read. 4. Filter and pump rooms must be adequately ventilated to control excessive heat and vapor. 5. A Backwash Chart and Data Sheet must be provided. 6. The elements of cartridge filter systems must be cleaned and/or replaced according to the manufacturer’s recommendation. 7. A complete second set of cartridge filter elements must be provided on site along with container(s) of sufficient size to hold these elements. 8. The backwash waste water and waste water from the cleaning of cartridge filters must be discharged into an approved sanitary sewer system. 9. A chemical warning sign is posted at the entrance door to a chemical storage area and includes the text “Caution! Chemical Storage Area”. 10. A chemical vat, feeder, pump, and line is labeled to identify the chemical in use. 11. A chlorine gas warning sign reading “Danger–Chlorine Gas” is posted at the entrance to a chlorine gas feed room and storage area. D. Eating and Drinking. When food or drink is allowed on the immediate premises, all such food and drink (with the exception of plastic containers of beverages) must be consumed in an area that is at least 6 feet from the Swimming Pool’s edge. If the Owner plans to sell or serve food or drink (including at swim meets), a food service facility permit is required by the Director. It is the joint responsibility of the Owner, Pool Operator, and any retained Pool Management Company to provide a written emergency plan accessible to pool personnel and to train the personnel on implementing the plan. The emergency plan must include procedures for managing emergencies and must be readily accessible to pool personnel. The Director must be allowed to inspect any part of a Public Swimming Pool during operational hours. Whenever an inspection of a Public Swimming Pool is made, the findings must be recorded on the inspection report form currently authorized by the Director. One copy of the inspection report form must be furnished to the Pool Owner, Pool Operator, or Pool Management Company representative. The inspection report form must provide a specific and reasonable period of time for the correction of violations. When the Director is denied entry to the pool to make any lawful inspection pursuant to Chapter 51 of the Montgomery County Code or these regulations, the Director may immediately suspend the Swimming Pool permit and order the pool to be immediately closed pending final resolution of the matter pursuant to the provisions of Section 51-13 of the Montgomery County Code. A. When any of the following conditions are found to exist at a Public Swimming Pool, the pool operating permit must be suspended and the Public Swimming Pool closed until such time as the condition has been corrected and an inspection by the Director has been made or approval to reopen has been granted by the Director: 1. Unless exempted under 51.00.02.04.A.6.c., a Lifeguard is not on the pool deck and observing patrons in the water of a public pool, a Spa Guard is not on the immediate premise; 2. The main drain is not clearly visible from the nearest lifeguard chair or the furthest edge of the Swimming Pool, if the Swimming Pool has no lifeguard chair; 3. The free chlorine, total bromine, pH, other approved disinfectant residual, or cyanuric acid concentration in the pool water are other than specified in COMAR 10.17.01; 4. The circulating equipment is not working properly for more than one hour; 5. The water level is below the skimmers in pools using this method of circulation; 6. The chemical disinfectant feeder has not been functional for a period of 24 hours provided that the pH, free chlorine, total bromine, or other approved disinfectant residuals are maintained in accordance with COMAR 10.17.01; 7. The bathhouse or restroom drainage system is blocked sufficiently to render the bathhouse or restroom unusable, water is not available at sufficient pressure to operate the bathhouse or restroom, waste disposal systems are inoperable, unsanitary conditions exist or the bathhouse or restroom is unusable for other health or safety reasons; 8. The Director has been wrongfully denied permission to inspect the Public Swimming Pool pursuant to Chapter 51 and any regulations promulgated under that Chapter; 9. A licensed Montgomery County Pool Operator is not in Immediate Control of a Public Swimming Pool, as required. 10. The Director determines that an imminent hazard exists to the health or safety of the users of any Public Swimming Pool; or, 11. At least one Lifeguard or Spa Guard does not possess an approved CPR certificate and is not within the Swimming Pool enclosure, or an employee on the premises for hotels when exempted from the lifeguard requirement under 51.00.02.04.A.6.c. B. When a Public Swimming Pool is closed for any of the above reasons it must remain closed pending: 1. Verification by the Director that all of the conditions which resulted in suspension of the permit have been corrected; or, 2. Presentation of evidence by the Owner, Pool Operator, or Pool Management Company, satisfactory to the Director, that such conditions either do not exist or do not constitute an imminent hazard. The Owner, Pool Operator, or Pool Management Company whose Swimming Pool permit has been suspended, must make application for a re-inspection and pay any required re-inspection fee for the purpose of reinstatement of the permit. Within 10 business days following the submission of the application and fee, the Director must either make an inspection or otherwise determine whether the conditions causing the suspension have been corrected. If the Director finds that the Public Swimming Pool complies with Chapter 51 and these regulations, the permit must be reinstated. A decision of the Director revoking or suspending a permit, license, or registration may be appealed to the County Board of Appeals within 10 days from the receipt of the decision. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council.

Swimming Pool Operating Permit (each pool) $650.00 Swimming Pool Operating Permit > 100 K gallons $760.00 Swimming Pool Operating Permit Wading Pools $ 75.00 Swimming Pool Plan Review $480.00 Swimming Pool Equipment Replacement Review $260.00 Pool Operator's Test $ 40.00 Pool Operator's License One Year $ 40.00 Two Years $ 70.00 Three Years $ 90.00 Reinspection $100.00 after normal work hours $150.00 Pool Management Company Registration (each location) $ 55.00 Duplicate Permit, License, Registration $ 10.00 This regulation takes effect on July 1, 2011.

Terms defined in Montgomery County Code, Chapter 51A-1 are specifically incorporated herein and are not redefined. A. All floors, walls, and ceilings shall be kept clean and in good repair. B. Auxiliary lighting providing at least 20 foot-candles of light must be provided during cleaning times. C. All tanning rooms must be adequately ventilated to keep them reasonably free from excessive heat. D. If linens are provided, separate facilities must be provided so that clean materials are not stored in the same location as dirty or used materials. E. Hooks or lockers must be provided in each tanning room for patrons to store their clothes while using the facility. F. If beds or booths are not private, a changing room must be provided for patrons to change their clothes. G. There must be at least one attendant for each 10 beds or fraction of 10 beds. A. At least one bathroom must be provided at each facility for patron use. B. The following fixtures must be provided: 1. Toilet. 2. Hand sink. 3. Soap Dispenser. 4. Towel Dispenser for Individual Disposable Hand Towels. 5. Toilet Tissue Rack. C. The bathroom and fixtures must be kept clean and in good repair. D. A supply of toilet tissue, hand towels and hand soap must be provided at all times. Easily cleanable receptacles must be provided for waste materials. A. The owner of the facility must assure that the attendant has been trained in: 1. The operation of all equipment and safety aids. 2. The need for and the proper wearing of protective eyewear. 3. The maximum recommended exposure times and distances according to the manufacturer. 4. Injury recognition. 5. Emergency procedures. 6. The effects and mode of action of ultraviolet light including the specific wave length used by the facility's equipment. 7. Procedures for verifying that patrons are at least 18 years of age. B. The facility must have on file with the Department a copy of the outline of the current training program for attendants. C. A log must be maintained on the premises containing the name of each attendant and the specific training that each has completed together with the number of hours of training. The log must be signed and dated by the person who provided the training. A. Each tanning device that comes into direct contact with a customer must be sanitized with an approved sanitizer after each use. B. Tanning rooms must be cleaned at least once a day. C. Bathrooms must be kept clean. At a minimum, they must be cleaned at least once a day and fixtures sanitized at least once a day. A. Any injury or complaint of injury resulting from the tanning equipment must be reported by the facility to the Department on a form designated by the Department. B. The facility must send the report to the Department with a copy to the injured person within 5 business days of the injury or complaint of injury. The tanning facility must maintain records for each patron using the facility. A. Such records must be safely preserved on the licensed premises for 2 years to insure accessibility for inspection by the Approving Authority. B. The record must include the following: 1. Visit date. 2. Exposure time. 3. Attendant's name. 4. Name and address of patron. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation takes effect immediately after approval by the County Council.

Tanning Facility License $265.00 Duplicate License $ 10.00 Filing an annual renewal application after the license expires $ 25.00 a. A warning sign must be conspicuously displayed in each room where a tanning device is used. b. The warning signs must be at least 8 inches by 12 inches and the letters must be at least 2/8 inch in height. c. The warning sign must read: “Use of protective eyewear is required. Over exposure causes burns. Certain foods and medications may cause burning or skin sensitivity. Repeated exposure may cause premature aging of the skin and skin cancer. It is a violation of County Code 51A-7 for a person under the age of 18 to use a tanning device.” Ambient room temperature must not exceed 100°F. This regulation takes effect immediately after approval by the County Executive.

In order to enhance the amount of quality information available, the Department is requiring the reporting of data that is available by dispatch records and from the computerized taxicab meters. The reports can be obtained without breaking the Maryland Department of Agriculture, Department of Weights and Measures inspection meter seal. The fleets and unaffiliated trade groups will be required to submit the reports annually. THEREFORE, the required taxicab industry reporting requirements are as follows: (a) All fleets and unaffiliated trade groups must submit reports on operating information annually for all Passenger Vehicle Licenses. Reports must contain data from July 1 through June 30 of each year. Reports are due no later than August 31 each year and must be submitted on forms designated by the Director. (b) The following information must be reported to the Department of Transportation: Number of calls received (fleets and unaffiliated trade groups) Number of cabs in service daily (fleets and unaffiliated trade groups) Total paid miles driven Total number of trips Total revenue excluding extras Total revenue from extra charges (c) Reports for call volume and the number of taxicabs in service daily, must be submitted in summary form for fleets or unaffiliated trade groups. Reports for total paid miles driven, total number of trips, total revenue excluding extras, and total revenue from extra charges must be submitted by Passenger Vehicle License number and in summary form by fleet or unaffiliated trade group. (d) Fleets and unaffiliated trade groups must maintain records and submit reports for all owned and affiliated taxicabs. (e) Failure to submit the reports by August 31 each year is grounds for suspension or revocation of the Passenger Vehicle License. (f) Initial reports 1. In order to transition to the annual report cycle, all fleets and unaffiliated trade groups must submit the number of calls received and the number of cabs in service daily for the prior twelve month period. If figures are not available, an estimate of these numbers must be submitted. 2. Additionally, baseline data on the total paid miles driven, total number of trips, total revenue excluding extras, and total revenue from extra charges must be submitted by Passenger Vehicle License number and in summary form by fleet or unaffiliated trade group. This information should be taken from the meters during the first thirty days the regulation is effective. All transition reports will be used as a baseline comparison for the first year operating reports. Transition reports are due no later than sixty days after the regulation is effective. (g) Drivers must not use taxicab meters unless there is a passenger in the vehicle. Failure to fulfill this requirement is grounds for suspension or revocation of the Taxi Driver Identification Card. (h) Licensees not complying with this regulation may not renew Passenger Vehicle Licenses. Failure to submit complete reports sixty days after the end of the year’s collection is grounds for suspension or revocation of the License.

Council Resolution No. 19-1146 Subject: Reducing Taxicab Fees for Drivers, Passenger Vehicle License Holders and Fleet Operators Action: The Director of the Department of Transportation must charge the taxicab fees described in Table 1, attached to and made a part of this resolution. (Legislative History: Council Res. No. 19-1146; Supersedes: Res. No. 16-952, which superseded Res. No. 15-1269) (Previous Administrative History: Reg. No. 3-00 (Method 3); Orig. Dept.: Public Works and Transportation; Supersedes: Regulation No. 11-95) TABLE 1 TAXICAB FEES I. Driver Identification Card (ID) Application $ 0 New one year $ 50 Renewal one year $ 75 Renewal two year $ 100 Duplicate $ 25 II. Passenger Vehicle License (PVL) Renewal $ 50 Vehicle Replacement $ 75 Affiliate Company Transfer $ 150 Application for Individual PVL $ 100 Application for Fleet PVLs $ 1,000 New Taxicab PVL in Service (Individual) $ 0 New Taxicab PVL in Service (Fleet) $ 0 License Transfer 1 - 4 PVLs $ 3,995/PVL 5 - 100 PVLs $10,000 +$500/PVL over 4 101 + PVLs $58,000 + $250/PVL over 100 $ 50

1.1 (a) Giving of notice. (1) An owner must give tenants 120 days’ written notice before converting the rental housing in which the tenants live. The notice of the owner’s intention to convert the rental housing must also include a notice to the tenants that relocation assistance is available. (2) An owner must provide the Department of Housing and Community Affairs (“Department”) a copy of the notice of conversion, a list of all of the tenants, the address of each tenant, and proof that the notice was given to each tenant. (b) Method of delivery. The notice will be considered to have been given to each tenant if mailed, first class, postage prepaid, to the tenant’s last known address. When mailed, the owner must obtain a certificate of mailing from the United States Postal Service. For purposes of these notice requirements, the third day after the postmark date is the date of delivery. In addition, the notice must be posted in the public areas of the rental housing. (c) Termination of lease by tenant. After receiving a notice of conversion, a tenant may terminate a lease without penalty by giving the owner at least 30 days’ written notice. (d) The owner must pay relocation assistance equal to twice the monthly rent that the tenant was paying at the time of the notice. Payment must be made to the tenant not more than ten days after the owner receives a tenant’s notice of termination under Section 1.1(c) if the tenant: (1) agrees to move out of the rental housing within 180 days after the tenant receives the notice of conversion; and (2) is current with rent at the time that the relocation is due to the tenant. (e) Payment of this relocation assistance does not relieve the tenant of his/her obligation to make any rent payment that comes due for the period of time he/she continues to occupy the rental housing. 1.2 Form of notice. The following language must be in a conspicuous location on the notice: NOTICE — PURSUANT TO CHAPTER 53A OF THE MONTGOMERY COUNTY CODE AND EXECUTIVE REGULATIONS ENFORCING CHAPTER 53A, YOU ARE ELIGIBLE FOR RELOCATION ASSISTANCE FROM THE OWNER OF {INSERT NAME OF THE RENTAL HOUSING}. You are entitled to a payment by the owner in an amount equal to two months’ rent if: (a) you agree to move out of your rental housing within 180 days after you receive this notice; and (b) you are current with rent at the time the relocation assistance is paid to you. To receive the relocation assistance, give your landlord at least 30 days’ written notice that you intend to terminate your lease and provide the landlord with the date that you will leave your rental housing. The date that you vacate your rental housing must be no later than 180 days from your receipt of this notice. The landlord must pay you the relocation assistance within ten days of receiving your notice to terminate the lease if you are current on your rent. You must continue to pay rent to the landlord from the time you receive this notice until the time that you vacate the rental housing. For more information, please refer to the Montgomery County regulations attached to this notice. 1.3 The owner must issue the payment directly to a tenant unless the owner notifies the Department in writing that the tenant is not current with rent. The notice to the Department must include the tenant’s name, address and rental account information and a copy must also be forwarded to the tenant at the tenant’s last known address. 1.4 Any dispute concerning the payment or non-payment of relocation assistance to a tenant must first be referred to the Department. After an investigation, the Department will determine the amount of the relocation payment that is to be paid. The Department’s determination is binding on the tenant and the owner. 2.1 A tenant organization may be certified by making a written request for certification to the Department. The request must be filed within 45 days of receipt of the owner’s offer to sell under Section 53A-3 of the Code. 2.2 The certification request must be accompanied by a list of the names, addresses and signatures of the members of the tenant organization and a notarized affidavit from the President of the tenant organization stating that the tenants are a bona fide tenant organization representing a minimum of 30% of the occupied rental units. Only leaseholders may be members of the tenant organization. Occupants are not eligible. Department staff will verify the information provided in the tenant organization’s certification request. 2.3 In the event that more than one tenant organization from the same rental housing applies for certification, the tenant organization with the highest percentage of representation of occupied rental units will be certified. 3.1 The owner’s first right of refusal offer must include the following information/documentation: (a) a copy of any pending sales contract; (b) site plan, if available; (c) statement of income and expenses for the three previous years of operation; (d) current rental schedule by apartment showing date of last rent increase, names of current tenants, addresses and telephone numbers; (e) expected re-rent rates; (f) latest tax assessment and tax rate; (g) names of mortgage holders, existing mortgage balances and terms, repayment terms, interest rates, loans for which rental units are used as collateral, liens, covenants, easements and any other documents recorded against the property; (h) security deposit schedule and identification of escrow accounts; and (i) any other agreements the owner may have concerning the rental housing that may materially affect a decision to purchase the rental housing. 3.2 The offer is not complete until all of the information and documentation identified in 3.1 is provided to the Department, Housing Opportunities Commission (HOC), and/or a tenant organization. The timelines to exercise the right of first refusal in 3.9 and 3.10 do not begin to run until all the information and documentation is provided. 3.3 Information and documentation submitted by the owner pursuant to Section 3.1 will not be disclosed by the County, HOC, a tenant organization, or any qualified entity except as required by law. 3.4 In addition, if requested and available, the owner must provide the following information and documentation within five business days of a request for the information or documentation: (a) any architectural, engineering, mechanical, structural plans or specifications; (b) lead certification; (c) Phase I environmental survey; (d) information concerning underground storage tanks; (e) copies of all service contracts such as property management and maintenance contracts; and (f) existing warranties on any major component of the rental housing, such as the roof, heating, air conditioning and hot water heater. 3.5 Any request for information or documentation identified in Section 3.4 extends the time period provided in Section 3.8 by any amount of time beyond five business days of receiving the request. 3.6 The County, HOC, any tenant organization, and any County assignee must pay the owner the reasonable cost of reproduction, or a reasonable and refundable deposit, for any requested information and documentation. 3.7 Within five business days of receiving a request for inspection, an owner must provide access to the rental housing to the County, HOC, a tenant organization, or any County Assignee. The owner may have a representative present at the time of the inspections. 3.8 Under the right of first refusal, the owner’s offer to sell the property to the County and HOC must remain open for 60 days after it is received by the County and HOC and must remain open for 90 days after it is received by the tenants. The offer must remain open one additional day for each day that documents requested under subsection 3.4 are received after the five-day response time. If any material term or condition, including but not limited to, a change in price or financing in any pending contract is altered, or if an owner enters into another contract of sale subsequent to any initial or other offer from an owner to the County, HOC, or a tenant organization, the owner must make a new offer to the County, HOC, or a tenant organization reflecting the new material terms and conditions. Each new offer must remain open for 60 days following receipt by the County and HOC, and for 90 days following receipt by the tenants. 3.9 The County, HOC, and any County assignee may exercise the right of first refusal by accepting the offer within 60 days of receiving the offer, plus any extension required by Section 3.8. In the event that either the County, HOC, and/or any County assignee exercise the right of first refusal at any time during the 60-day period, the right of first refusal provided to a tenant organization is no longer enforceable. 3.10 Upon approval of a majority of tenants in the occupied units of the rental housing, a tenant organization may exercise the right of first refusal by accepting the offer within 90 days of receiving the offer, plus any extension required by Section 3.8. 3.11 An acceptance of an offer under the right of first refusal must include: (a) substantially the same terms contained in the owner’s offer, including any bona fide real estate commission payable to an independent broker; and (i) notwithstanding the general requirement in subparagraph (a) above or any term of the owner’s offer including the pending sale contract, the County, HOC, any tenant organization, or any County assignee shall not be required to pay to the owner a deposit of more than 5% of the contract price to accept the offer and exercise its right of first refusal. The deposit is refundable in the event of a good faith failure of the County, HOC, any tenant organization, or any County assignee to perform under the contract; (b) a 180-day financing contingency. The time periods specified in Sections 3.9 and 3.10 are included in the 180-day period. 3.12 The purchase of the rental housing by the County, HOC, a tenant organization, or any County assignee must be completed within 180 days of receipt of the owner’s offer, unless a longer time is agreed to by the owner and the County, HOC, the tenant organization, or any County assignee. 3.13 If the County, HOC, a tenant organization, or any County assignee accepts an owner’s offer to purchase the rental housing in compliance with Chapter 53A and these regulations, the owner must sell the rental housing to the County, HOC, the tenant organization, or any County assignee. 3.14 Any sale of rental housing in violation of Chapter 53A and these regulations is void. 3.15 If the sale of rental housing is void, the owner must offer the rental housing to the County, HOC, or any tenant organization in compliance with Chapter 53A and these regulations and under the same terms offered to the original purchaser. 4.1 The County, in its sole discretion, may refuse to enter into an Agreement Not to Convert. 4.2 An Agreement Not to Convert may be approved or rejected by the Department after the Department considers, among other factors, the following: (a) physical condition of the rental housing, including any rehabilitation necessary to correct dangerous defects; (b) tenants’ ability to afford rent increases; and (c) need to preserve low- and moderate-income rental housing in the County. 4.3 Within 30 days of a purchaser entering into an Agreement Not to Convert, the owner of the rental housing must provide the Department: (a) a copy of each current lease; and (b) a current rental schedule identifying each rental unit and showing the date and amount of the last rent increase, the name of the current tenant, and the tenant’s telephone number. 4.4 Tenants who, under Section 53A-5(a)(1)(C)(ii) of the Code, are eligible for rents to be capped at the voluntary rental guidelines in years four and five of the Agreement Not to Convert, must provide certain information and documentation to the Department. This documentation and information will include, but will not be limited to, personal income information. A tenant who fails to provide the information requested by the Department will forfeit his or her right to receive the protections afforded him or her in the Agreement Not to Convert and in Section 53A-5 of the Code. 4.5 Each year on the anniversary of the Agreement Not to Convert, the owner must submit a compliance report to the Department in a form acceptable to the Department containing at least the following information: (a) current rent roll; (b) copy of any lease by a new tenant within the last 12 months; (c) list of tenants vacating the rental housing within the last 12 months; and (d) any rent increases within the last 12 months. 4.6 If the owner petitions the Department for a rental increase above the limits set forth in the Agreement Not to Convert, the owner must provide all necessary and reasonable information requested by the Department in support of the owner’s petition. 4.7 An owner must not increase the rent for any unit in the rental housing above the limits set forth in the Agreement Not to Convert without first obtaining prior written authorization from the Department. 5.1 The Department must conduct a rolling application process for designating qualified entities under Section 53A-4(g). A designated qualified entity remains qualified for a period of five years after which the entity must reapply under Section 53A-4(g). 5.2 To be designated as a qualified entity by the Department, the applicant must: (a) certify in writing that for the past ten years the applicant, inclusive of its principals, members, managers and directors, has complied with all laws related to the acquisition, maintenance, and management of housing; (b) commit in writing that it will not disclose any information or documentation it receives from the Department under 53A.00.01.03.1 unless required by law; (c) demonstrate that it has expertise and experience acquiring, owning, operating, managing, and developing rental and affordable housing by providing the following information: (1) a list of lenders and equity sources used in prior projects; (2) a comprehensive list of the applicant’s prior residential developments with property addresses, numbers of units, project financing, and affordability covenants as applicable; (3) a complete certified list of code citations if any, for each property owned, managed, and operated by the applicant for the last five years; (4) a complete certified list of judgments issued against the applicant in a landlord/tenant or similar proceeding, if any, related to the applicant’s ownership, management, or operation of any property for the last five years; (5) a description of property and asset management experience with a list of any management companies used at other properties; (6) a certification that the applicant has never been in financial default as either a borrower or guarantor, or if to the contrary, explaining in complete detail all the circumstances; (d) demonstrate a commitment to community engagement, such as working with neighborhood-based organizations or tenant counseling organizations on anti-displacement activities; (e) demonstrate such other criteria as may reasonably be determined by the Department or County from time to time; and (f) demonstrate that it is registered and licensed to do business in Maryland and otherwise in good standing under Maryland law. 5.3 The Department must require an assignee in the assignment agreement to implement the following restrictions: (a) a landlord must not evict a tenant from a rental unit, notwithstanding the expiration of the tenant’s lease or rental agreement. Exceptions only apply if the tenant of said unit: (1) breaches the lease or causes damage to a rental unit or other area of the property and refuses to pay for damages or correct the breach of lease within 30 days after receiving notice from the landlord; (2) fails to pay rent as required per the lease, provided that the nonpayment of a late fee may not be the basis of the eviction; (3) disturbs the peace and quiet of other tenants despite receiving notice from the landlord; (4) engages in illegal activity on the property; and (5) refuses without reasonable cause to allow a landlord onto a leased premises to make repairs or inspect the property. (b) provide existing tenants the right to return to their unit or an equivalent unit at the same rent levels after any rehabilitation or redevelopment that requires relocation; and (c) limit rent increases to no more than the Voluntary Rent Guidelines (VRG) for 15 years, unless the units are covered by other agreements that ensure long-term affordability of greater than 15 years or as otherwise required by law. 5.4 The Department must publish on its website, and make available upon request, a list of qualified entities. 5.5 Disqualification of qualified entities. (a) The Department must promptly investigate any complaint alleging that a qualified entity has violated or is in violation of any provision of Section 53A. If, after providing the qualified entity with notice, the County Executive determines that a qualified entity has violated or is in violation of any provision of Section 53-A, the County Executive may suspend or revoke the designation as a qualified entity. (b) If a qualified entity is chosen by the County Executive or designee and fails to complete the purchase of the rental housing using the right of first refusal for reasons other than the good faith failure to secure financing, the Department must promptly investigate the reasons for the failure to purchase and the County may suspend or revoke the designation as a qualified entity. For purposes of this section, good faith failure to secure financing includes failure to secure adequate funding to reach the amount or depth of affordability included in the qualified entity’s proposal to purchase rental housing. 5.6 If the County Executive or designee decides to explore assigning the right of first refusal to purchase rental housing, the County Executive or designee must issue a request for submittals to all qualified entities. (a) Each request for submittals must be disseminated via electronic mail or web link to all qualified entities. (b) The request for submittals must include the following: (1) all restrictions under 53A.00.01.5.3; and (2) other information affecting the development of the housing accommodation, including: (A) a copy of all materials provided to the County by the owner of rental housing under 53A.00.01.03.3.1 and 53A.00.01.03.3.4, if the County has previously requested and received the latter information; (B) the covenant template that will be placed on the rental housing; (C) the date when proposals are due; (D) the criteria the County Executive or the County Executive’s designee must use for selecting assignees from among qualified entities; (E) the procedure that will be used following acceptance of a proposal until execution of an assignment agreement; and (F) other information the Department determines appropriate to further the purposes of Section 53A-4. 5.7 Criteria for selecting a qualified entity as a County assignee. The County Executive must consider the following criteria for selecting among qualified entity applications to be the County assignee of a rental housing sales contract: (a) the commitment of the qualified entity to preserve the existing number of units affordable to households with incomes at or below 70 percent of the Area Median Income for the Washington Metropolitan Statistical Area and the relative levels of affordability of those units at the time the Department received the notice of sale under Section 53A-3; (b) the commitment of the qualified entity to the creation of more units affordable to households with incomes at 30 percent, 40 percent, 50 percent, 60 percent, and 70 percent of Area Median Income for the Washington Metropolitan Statistical Area than existed at the time the Department received the notice of sale under Section 53A-3; (c) tenant anti-displacement protections proposed by the qualified entity; (d) the cost per unit of funding requested from the County; (e) the availability of County funds; (f) the sufficiency of other funding sources proposed by the qualified entity; (g) the past success of the qualified entity with similar affordable housing developments; (h) the qualifications of any partners proposed by the qualified entity; (i) the past success of the qualified entity in providing resident services at other properties and any proposal to provide resident services at the rental housing being considered for assignment; (j) the commitment of the qualified entity to maintaining the affordability of the units for a term longer than 15 years; and (k) the demonstrated experience developing, preserving, owning, operating, and/or managing housing for the specific population of the rental housing, if applicable. 6.1 The provisions of this regulation are severable and if any provision, clause, sentence, section, word, or part is held illegal, unconstitutional, or inapplicable to any person or circumstance such illegality, invalidity, unconstitutionality, or inapplicability will not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts of this regulation or its application to other persons or circumstances.

Hotels | $690 Short Term Residential Rental | $500 Bed and Breakfast | $150 All fees are an annual licensing fee and must be paid at the time of application and each subsequent annual renewal.

This regulation implements the Tree Canopy Law, Chapter 55 of the Montgomery County Code as adopted by Bill No. 35-12. Definitions of the terms used in the regulation are provided in Section 55-3 of the County Code. For the purpose of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation: Growing zone: a contiguous area at least 400 square feet of open surface area free of any impervious surface, utility, stormwater management system, or any other impediment to tree and root growth and development. Planting area: any location within a growing zone where a shade tree can be planted. Planting plan: an approved sediment control plan that shows all approved potential growing zones, approved potential planting areas within each growing zone, and an approved planting detail. Record drawing plan or as-built plan: at a minimum, a set of drawings comparing the approved planting plan requirements with what was constructed. The Director may require additional information as needed. Except as otherwise provided in this regulation, procedures for application, implementation, review, approval, denial, and appeal are the same as the procedures for sediment control permits under Chapter 19 of the County Code. The following documents are incorporated by reference as if fully set forth. Whenever the provisions of this regulation and those of the following documents are in conflict, the provisions of this regulation will govern and be enforced in the County: A. American National Standards for Tree Care Operations, ANSI A300, American National Standards Institute, hereinafter referred to as ANSI A300, in effect as of December 1, 2013. B. American Standard for Nursery Stock, ANSI Z60.1, American Nursery & Landscape Association, hereinafter referred to as ANSI Z60.1, in effect as of December 1, 2013. Any person exempt under Section 55-5 of the County Code must include the exemption on the sediment control plan at the time of application, on all approved revisions, and on any record drawing plans or as-built plans. A. The number of shade trees required shall be as specified in Section 55-6(b) of the County Code. B. If the square footage of the limits of disturbance is more than 40,000, then the number of shade trees required must be calculated using the following formula: (Number of Square Feet in Limits of Disturbance + 40,000) × 15 If necessary, the number of shade trees required shall be rounded to the nearest whole number using standard rounding rules. No less than one additional shade tree shall be required for any square footage above the first 40,000 square feet within the limits of disturbance. A. Required submissions for application. In addition to other required information and supporting certifications as required for submission of sediment control plans under Chapter 19 of the County Code and as required by Section 55-7 of the County Code, a person subject to this Chapter must also submit to the Director the following information with each application for a sediment control permit: (1) a planting plan delineating: (a) boundaries for all potential growing zones; (b) all acceptable planting areas within each potential growing zone; (c) a tree planting detail if trees can be planted on-site to satisfy mitigation requirements under Section 55-6 of the Code. (2) a table summarizing: (a) the square footage of the property; (b) the square footage of the limits of disturbance of the proposed activity as shown on the sediment control permit application; (c) the square footage of each potential growing zone; (d) the number of shade trees required under 55-6 of the County Code; (e) the number of shade trees to be planted on site; and (f) the amount of fees to be paid under Section 55-6 of the County Code. B. Issuance of sediment control permit. The Director must not issue a sediment control permit to a person that is subject to this regulation until: (1) the Director has approved the applicant's planting plan if no exemption under Section 55-5 of the County Code applies; (2) the applicant provides all fees required under Chapter 55-6 of the County Code; and (3) the applicant has satisfied all applicable requirements under Article I of Chapter 19 of the County Code. C. Revisions to Approved Plans. (1) If the limits of disturbance or disturbed area are increased after issuance of the sediment control permit, the shade tree planting requirements must be recalculated based upon the revised area. The table required in Section 55-7(a)(2) of the County Code must be revised accordingly. (2) If any approved growing zones shown on the approved sediment control plan are later revised, or if additional growing zones are added, the sediment control plan must be revised and resubmitted for review. The fee for reviewing the revised plans must be the minimum fee for the review of a sediment control plan. (3) If the disturbed area, or limits of disturbance, are decreased, without changes to approved growing zones, after issuance of the sediment control permit, the tree planting requirements may not be decreased if any disturbance has occurred under that permit. D. Closure of Sediment Control Permit. Upon completion of a project that is subject to this section and before the sediment control permit is closed by the Department, the applicant must submit a record drawing plan or as-built plan that includes the following: (1) all information required by 55.00.01.07(A)(1) and (2) of this regulation; (2) any revisions to plans, specifically to growing zones and planting areas including those approved in the field; (3) any revisions to the table summarizing requirements in Section 55-6(b) of the County Code; and (4) all other requirements under Chapter 19 of the County Code. The planting of each shade tree under Chapter 55 of the County Code must conform to the following requirements: A. Each shade tree must be planted within the planting area within a growing zone as defined under this regulation and as approved on the sediment control plan. B. The growing zone may be of any shape subject to the following: (1) The distance from any point on the growing zone boundary to any other point must not be greater than 30 feet. (2) It must be possible to draw a straight line from every point in the growing zone to the stem of the planted tree without going outside the boundary. (3) The entire growing zone must be completely within the boundary of the subject property; except open surface area on an adjacent right-of-way may be included if no utility, public utility easement, stormwater management system, or impervious surface is located in that part of the right-of-way. (4) The growing zone must not contain any impediments to tree and root growth and development, including: (a) No part of the growing zone can be closer than 5 feet, measured horizontally, from any electric, gas, water, sewer, telephone, cable television, or other overhead or underground utility. (b) No part of the growing zone can be closer than 5 feet, measured horizontally, from any stormwater management system. (c) The growing zone must not include any concrete, asphalt, brick, gravel, or other impervious surface. (d) The growing zone must not include any retaining walls, clean construction fill (including but not limited to brick, block, stone, or sand), underground storage tanks, bedrock, compacted soil, or other impediment to root growth. (e) The growing zone must not include any area within a septic easement or a septic reserve. C. The stem of any shade tree planted within a growing zone must: (1) Be planted such that a straight line can be drawn from the stem to any point on the growing zone boundary without going outside the growing zone. (2) Be no closer than 5 feet from any point on the growing zone boundary. (3) Be no closer than 10 feet from any structure with a building foundation below grade. (4) Be no closer than 15 feet, measured horizontally, from the closest point on the ground directly below an electric, telephone, cable television, or other overhead wire. (5) Be on the subject property and no closer than 5 feet from any property boundary, right-of-way, public utility easement or other public improvement easement. D. Each shade tree must conform to the following: (1) Shade trees must meet all requirements for plant material in ANSI Z60.1; (2) Shade trees must be a minimum of 2" caliper. E. The installation of each shade tree must: (1) meet all requirements of ANSI A300. (2) At the time of planting: (a) Tree guards to protect trees from deer rubbing, mowers, weed eaters, other equipment, and large rodents must be installed on all shade trees. (b) Mulch must be applied. (c) Sufficient water must be applied to aid in proper planting. F. Timing of Plantings (1) Shade trees must be installed between October 15th and May 15th as long as the ground is not frozen, saturated, or covered with snow such that a suitable hole cannot be dug to plant the tree properly. (2) Shade trees must not be installed between May 16th and October 14th of each year. (3) If shade trees are installed prior to final stabilization of the land disturbing activity then no additional disturbance must occur within five feet of the stem of the tree. Protective fencing must be installed at edge of this area at the same time the tree is installed and must remain in place until final stabilization occurs. (4) If installation of shade trees to meet the requirements of Chapter 55 of the County Code cannot occur between October 15th and May 15th for any reason, or will not be planted for any other reason, the applicant must pay the required fees. A. Field markings must exist on site before and during installation of all newly planted shade trees, sediment and erosion control measures, construction, or other land disturbing activities. B. The location of all potential growing zones must be clearly marked in the field prior to any land disturbing activity. C. The location of all potential growing zones and planting areas must be clearly marked in the field prior to installation of any shade trees. A. A copy of the approved sediment control plan showing all approved growing zones and planting areas, must be available on the site at all times. B. At least one inspection must occur after all construction activities are completed to determine the level of compliance with shade tree planting requirements. If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

Video Game License $125.00 per machine Video Game Registration $125.00 per facility Duplicate Video Game License $ 10.00 Duplicate Video Game Registration $ 10.00 Filing an annual renewal application after the license or registration expires $ 25.00 This regulation takes effect on July 1, 2011.

Procedure to allow the discharge of a firearm within the urban area under a deer management permit issued by the Maryland Department of Natural Resources and approved by the Chief of Police and to establish rules for deer hunting on private property at least 50 acres in size. (a) An applicant for a deer management permit inside the urban area must contact the Montgomery County Police Department’s (MCPD) police district serving the area in which the requestor’s site is located within 24 hours of submitting the application to the Department of Natural Resources (DNR). An MCPD executive officer (lieutenant or above) will contact DNR as soon as practical but no more than 24 hours after receiving such notification to arrange to meet at the location where the permit has been requested. The MCPD executive officer will meet the DNR agent at the location where the permit has been requested to jointly inspect the location to resolve any issues or questions. If the MCPD executive officer and DNR agent cannot meet at a mutually convenient time, the MCPD executive officer must contact the applicant to arrange to inspect the location within three (3) calendar days of the issuance of the permit. The DNR agent will have the sole responsibility for determining the need for the issuance of the deer management permit. The MCPD executive officer will inspect the site from the standpoint of safety issues, including, but not limited to, the location’s proximity to occupied buildings and/or roadways, whether the location provides for downward trajectory, and any other considerations that may necessitate restricting the use of a firearm to carry out the stated purpose of the deer management permit. If the DNR agent determines that a deer management permit is to be issued, the MCPD executive officer will request a copy of the completed permit from the DNR agent or the applicant. The MCPD executive officer will then complete an MCP Form #590, Addendum to DNR Deer Damage Control Permit, listing all restrictions with which the permit holder must comply. The MCPD executive officer will forward the deer management permit and addendum along with a memorandum outlining the reasons for any restrictions to the Chief of Police for review and signature within three (3) calendar days. After reviewing the documentation submitted for the deer management permit from both the DNR and MCPD executive officer, the Chief of Police will either approve or disapprove the request, sign and date the MCP Form #590. After signing, the originals of the MCP Form #590 and the deer management permit will be returned to the person requesting the permit by U.S. mail within four calendar days. The remaining two copies of the forms will be forwarded to the Department of Natural Resources for their records. The Department of Police will maintain its files. (b) Whenever deer hunting is to occur on private property of at least 50 acres in size during hunting season, the property owner(s) must, at least 15 days before any weapon is discharged, post the perimeter of the property and, where applicable, at each road entrance to the property, with signs that: (1) are placed where the signs may reasonably be seen by passersby or from any adjacent roadway or public waterway; (2) are posted at least every 100 yards along the perimeter of the property; (3) are at least 12 inches wide by 17 inches high; (4) have black lettering on a yellow background; (5) that include the following warning: “CAUTION: Firearms in use for deer hunting on this property from (date) to (date). No Trespassing.” (c) Whenever deer hunting is to occur on private property within the urban area pursuant to a deer management permit, the property owner must follow the requirements in subsection (b) except that the owner must post the required warning signs at least two days before any weapon is discharged. Any person within an urban area whose livelihood is threatened by property damage caused by deer may apply for a deer management permit, except that no permit is necessary on land at least 50 acres in size during hunting season. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

To establish safety guidelines for practicing target archery and to establish penalties for violations of this regulation. Target archery may be practiced in the County under the following circumstances: (a) Target archery may be practiced on public property in the County in any area designated for target archery. (b) Target archery may be practiced on private property in the County with the owner or occupant's written consent as long as: (1) an arrow does not travel across or hit on a public road or strike any person, animal, or vehicle on a public road; and (2) an arrow does not travel across or land on property owned or occupied by a person who has not given written consent for the target archery, or hit any person, animal, building, or vehicle. Any violation of this regulation is a class A violation to which the maximum penalties for the class A violation apply. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts. This regulation becomes effective 30 calendar days after approval by the County Council or 90 calendar days after Council receipt of the Regulation if Council takes no action within 60 days of receipt.

The director of the Department of Housing and Community Affairs or the director's authorized representative must initially inspect each firearm dealer to determine compliance with this regulation. Thereafter, random inspections will be made at the discretion of the director or when a complaint is filed. A child safety handgun device that meets the requirements of 57.08.01.03 is approved unless the director of the Department of Housing and Community Affairs finds in a review that the device is not effective in rendering the handgun inoperable. The director of Housing and Community Affairs will maintain a publicly available list of unapproved child safety handgun devices. A. The firearm dealer must maintain a record indicating that a child safety handgun device was provided to the recipient of a handgun. The director of the Department of Housing and Community Affairs, the director's authorized representative, or any officer or other authorized employee of a law enforcement agency may inspect these records. B. The child safety handgun device must be either: 1. a lock that attaches to the handgun to prevent movement of the trigger of the handgun or otherwise renders the handgun inoperable until removed by a key or combination; or 2. a lockable box designed to hold the handgun being transferred that requires a key or combination to open and renders the handgun inoperable when locked. A. Signs for Firearm Dealers Having a Retail Store 1. A sign must be posted in plain view in the sales area. 2. The sign must state the following: “Section 57-5A of the Montgomery County Code requires that a child safety handgun device be provided by the firearm dealer at the time of purchase, lease, or transfer of each handgun. State law prohibits keeping firearms anywhere an unsupervised child could gain access to the firearm”. 3. The sign must have letters at least 3/4 inches in height and a contrasting color to the sign background. B. Notices for Firearm Dealers Not Having a Retail Store 1. A firearm dealer not having a retail store must provide a written notice with the wording in A.2 above. 2. The notice must be given by the firearm dealer to the recipient of any handgun at the time of purchase, lease; or transfer. 3. The notice must be at least font size 12 and on paper of a contrasting color. C. Source of Signs and Notices 1. The sign or notice may be purchased from the Department of Housing and Community Affairs. The Department of Housing and Community Affairs may charge a fee for the sign or notice not to exceed the cost of producing the sign or notice. 2. The firearm dealer may provide the sign or notice provided that they comply with 57.08.01.04, A or B, above. If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

The following schedule of fees and requirements are adopted pursuant to the authority contained in Section 59-C-9.84 of the Montgomery County Code 1994, as amended. Construction Debris Reclamation Facility: Any land or building used for the collection, sorting and recovery of construction or demolition debris where debris: (a) Is separated, collected, processed or marketed in the form of raw materials or products; (b) Has marketable value; and (c) Is sorted at the reclamation facility site, with the inventory, by volume, being turned over at least once every 3 months. (a) Minimum lot size of 10 acres. (b) Minimum frontage of 1,000 feet and direct access to a road classified as a primary industrial street or higher. (c) No more than 2 miles from an interstate highway interchange. (d) A building setback of 50 feet from any road right-of-way, except a limited access freeway which is controlled by Section 59-C-9.81, and 75 feet from any adjoining property not classified in an industrial zone or the RS zone. (e) Off-street parking of haul trucks and roll off containers must be in a building or screened from off-site visibility, and (f) A landscaping plan approved by the Planning Board as part of the site plan approval process. This regulation requires that: (a) Construction debris be transported to the construction recycling facility in covered "Roll off' containers or covered trucks. (b) All sorting and processing be done in an enclosed structure. (c) When construction debris is separated, collected and processed, an average of 50% of the processed materials by weight have a marketable value (d) Permanent storage is not permitted and inventory by volume turned over at least once every three months. (e) Fifty-one percent (51%) of the materials processed be collected by the facility operator and (f) The total volume of construction and demolition debris collected and recycled be reported to the Division of Solid Waste Services on an annual basis. Annual Permit Fee - $110.00 The Director of Permitting Services must adjust each fee set in or under this regulation on July 1 of each year by regulation by a percentage that does not exceed the rate of the increase (if any) in the department’s approved personnel costs for the then-current fiscal year compared to the approved personnel costs for the preceding fiscal year. For fees of $100 or more, the Director must calculate the revised fee to the nearest five dollars. For fees under $100, the Director must calculate the revised fee to the nearest dollar. The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

This Executive Regulation is authorized by Montgomery County Code 1984, as amended, Section 59-A-6.10, "Registered Living Unit - Standards and Requirements" and applies to all Registered Living Units (RLU). A. Approval. The standards and requirements for RLUs contained in Chapter 59 are administered by the Director of the Department of Environmental Protection (DEP), who is the final authority in all matters pertaining to the approval or disapproval of a RLU. B. Delegation of authority for routine operations. The Director of DEP has designated the Director of the Department of Housing and Community Development (DHCD), by an Agreement, dated November 11, 1989, to administer routine registration and inspection functions of RLU for DEP. The following words or phrases are defined as follows for use in this regulation: Owner-Occupant. A person(s) who holds legal title to a one-family detached dwelling unit. An owner-occupant of a RLU must occupy the dwelling unit, except for bona fide temporary absences not exceeding six months in any twelve month period. Party wall. A common partition wall, having at least seven feet of length horizontally in one direction, directly dividing the main dwelling and its adjoining RLU. The main dwelling and the RLU must be contiguous along this common wall with no intervening uninhabitable spaces or areas. The party wall requirement may be met, if the RLU is in whole or in part, above or below the main dwelling, provided that there is a common wall meeting the above conditions, or a common floor/ceiling assembly directly dividing the RLU from the main dwelling. Subordinate to the main dwelling. The total floor area of the RLU must be less than 50% of the total habitable floor area of the main dwelling. A RLU must comply with the Requirements of the Housing and Building Maintenance Code for Accessory Apartments adopted by Executive Regulation No. 59-89. The owner-occupant must register the RLU with DHCD, as follows: a. An owner-occupant must obtain an Affidavit of Compliance (Affidavit) form from DHCD. b. The owner-occupant must file a completed Affidavit with DHCD which affirms that: 1. the RLU meets the Occupancy, Property and Ownership requirements as set forth in the Zoning Ordinance; 2. the owner-occupant will disclose to any prospective purchaser(s) of the property that there is a RLU on the property and an affidavit on file with DHCD; and 3. DHCD will be informed in writing if the property is sold by the owner-occupant and the owner-occupant will inform DHCD of the names of the new owner(s). c. After the Affidavit is filed by the owner-occupant, DHCD will determine whether the Affidavit is complete and meets the requirements of the Code. If the Affidavit meets such requirements, then DHCD will approve it by stamping it and initialing it. Any application for a building permit for a RLU submitted to DEP must be accompanied by an approved Affidavit. d. DHCD will inspect the existing RLU for which an Affidavit has been approved for compliance with applicable codes, as follows: 1. The RLU must be maintained in compliance with all applicable codes, including the Housing and Building Maintenance Standards of Chapter 26 of the Montgomery County Code, 1984, as amended. 2. If any code violations are found they will be listed by DHCD and the owner will be given a reasonable opportunity to make corrections. 3. If necessary, the owner must obtain building, electrical or plumbing permits in order to correct the code violations. 4. When work has been completed under permits, the owner must obtain a final inspection and approval by the appropriate County agency. e. If a RLU is to be created for which an Affidavit has been approved: 1. The owner must obtain the necessary building, electrical and plumbing permits which may be required for its creation. 2. When work has been completed under permits, the owner must obtain a final inspection and approval by the appropriate agency. f. When a final inspection by DHCD has verified that the owner has corrected all code violations and/or completed all construction, and meets all Code requirements, DHCD will issue a Certificate of Registration to the owner. g. The owner must inform DHCD in writing when the occupancy of the RLU changes. The owner must file a new Affidavit with DHCD, indicating who the new occupant will be, if any, and defining the relationship of the occupant to the owner. DHCD reserves the right to inspect the RLU at any change of occupancy. If the Affidavit meets the requirements of the Code, then UHCU may approve it. The RLU must be maintained in compliance with all applicable codes, including the Housing and Building Maintenance Standards of Chapter 26 of the Montgomery County Code, 1984, as amended. DHCD may conduct inspections, as follows: a. Each RLU will be annually inspected and at such other times as may be appropriate. b. The owner must permit DHCD inspector(s) to enter and inspect the RLU and the main dwelling unit, at reasonable times during normal business hours. An appointment may be arranged if necessary, however the inspector's request at the time of a visit shall be considered to be adequate notice of an inspection. c. The DHCD inspector(s) must be permitted to interview all occupants of the dwelling units who are present during such inspections. d. DHCD will notify DEP when a violation of Chapter 59 occurs. a. Whenever the RLU is no longer occupied as an RLU, when a special exception has been granted in accordance with the Code, or whenever the one-family detached dwelling in which the RLU is located is no longer occupied by the owner, tnen the owner must remove the cooking facility of the RLU. b. Removal of the cooking facility means removal of all equipment that could be used for cooking, heating, or preparing food. Removal of all cooking equipment and facilities includes, but is not limited to any stove, oven, microwave oven, toaster oven, hot plate, other appliance for heating food. Food preparation surfaces, storage facilities (for food and/or utensils) and clean-up facilities such as countertops, refrigerator and sink may remain. c. The space approved for the RLU must be internally connected to the main dwelling, as appropriate, by the owner, so that a person is not required to go outside the main dwelling to enter the space of the discontinued RLU. d. The owner must notify DHCD in writing within 15 days of when the RLU is no longer used as a RLU and must complete removal of the cooking element within 90 days of the discontinuance of the RLU use. e. UHCD may inspect the main dwelling and the discontinued RLU to assure compliance with the requirements of the Code. This Executive Regulation will take effect 30 days after the date of adoption by the County Council.

This regulation establishes a process for waiving or reducing sign permit and sign variance fees for non-profit organizations. This regulation applies to any non-profit organization that seeks to obtain a sign permit or sign variance for a sign in Montgomery County. Applicants on the Planning Board’s list of civic and homeowners associations must only submit proof of their non-profit status. All other applicants must provide 501(C)(3) certificate and proof of annual income for the tax year immediately preceding the date of application. Applicants on the Planning Board’s list of civic and homeowners associations must only submit proof of their non-profit status. All other applicants must provide 501(C)(3) certificate and proof of annual income for the tax year immediately preceding the date of application. A non-profit organization applying for a sign permit or sign variance must follow all the permitting requirements found in Chapter 59-F of the Montgomery County Code. In addition, non-profit organizations will be required to provide the following with the application: 1. proof of non-profit status, and 2. proof of annual revenue (not required for non-profit organizations on the Planning Board’s list of civic and homeowners associations), and 3. line drawing showing that the size of the proposed sign is smaller than the maximum size permitted in the zone in which the sign will be located. Fees will be waived for non-profit organizations on the Planning Board’s list of civic and homeowners associations. All other fees will be assessed in accordance with the fee scale noted below after all of the items above are submitted. Fees will be on a sliding scale based upon the annual revenue of the applicant. The fee scale is as follows: ANNUAL REVENUE FEE $0.00 - $50,000.00 $0.00 $50,000.01 - 100,000.00 33% of Current Fees $100,000.01 - $200,000.00 66% of Current Fees $200,000.01 and above 100% of Current Fees The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

This regulation establishes the process for determining if a lot slopes sufficiently to allow additional stories on the downhill side of a building erected on a sloping lot. This regulation applies to any lot that is determined to slope sufficiently to allow additional stories in excess of the number of stories allowed in the zone as defined in 59-A-5.41 of the Zoning Ordinance. It is the policy of the Department of Permitting Services to determine a lot to be sloping when any of the following circumstances occur on the lot: (1) There is a change in vertical elevation of at least one (1) foot for each twelve (12) feet of horizontal distance when measured from pre-development grade between any of the following points: (a) from front lot line to rear of building or addition; (b) from rear lot line to front of building or addition; (c) from front building restriction line to rear building restriction line; (d) from rear building restriction line to front building restriction line; (e) from front of building or addition to rear of building or addition; (f) from rear of building or addition to front of building or addition; (g) between side building restriction lines; or (h) from one side of building or addition to other side of building or addition, and (2) Between the points selected, there is a change in elevation of at least six feet.

A. Purpose. These regulations define administrative procedures for the submission and review of all plans submitted to the Montgomery County Planning Department, under the Subdivision Regulations and the Zoning Ordinance of the Montgomery County Code. These procedures are designed to provide accurate and complete information and to ensure a thorough and timely review process as a basis for decisions. These regulations were adopted by the Planning Board and approved as regulations by the County Council under Chapter 50, Section 10.1 and as contemplated by Chapter 59, Section 7.3.4.F.3. These regulations supersede the Montgomery County Planning Department’s Manual of Development Review Procedures (December 2007). 1. These regulations: (a) define a process that is comprehensive, clear, transparent, and understandable to citizens, developers, applicants, review agencies, staff, and other interested parties; (b) clarify standards and procedures for submission of timely and relevant information by applicants; (c) provide procedures for timely participation by government agencies in the review of applications; and (d) provide procedures for participation by interested parties, such as owners of properties adjoining the project site, so that their issues and concerns can be submitted to staff and the Board for consideration during the review process before the Board decides and acts on the proposed land development project. 2. These regulations are intended to identify the steps that an applicant must take to apply for the review and approval of specific types of development approvals that are acted upon by either the Board or Director, and to provide a comprehensive explanation of what is involved in processing a development application, including the steps to ensure a thorough and timely review. B. Applicability. The development review process covered in these regulations apply to all development applications submitted to the Montgomery County Planning Department and acted upon by the Board or Director under Chapter 50 and Chapter 59 of the County Code. C. Definitions. All terms used in these regulations that are defined in Chapter 50 or Chapter 59 have the same meanings as the definitions in those Chapters. D. Rules of interpretation. The rules of interpretation contained in Chapter 50 and Chapter 59 apply to these regulations. Footnotes used in these regulations are a part of the requirements. A. In processing and reviewing the application, the Planning Department staff must: 1. Appoint a lead reviewer to coordinate the review of the application and the receipt of inquiries related to the application or the regulatory process. 2. Review the application carefully, fairly, and in a timely manner. 3. Apply the applicable laws, regulations, and guidelines consistently. 4. Work with all parties to present a recommendation to the Board that complies with the applicable standards of review. 5. Attempt to identify issues early in the process and strive to resolve them as early as possible. 6. Cooperate with other agency and utility company staffs, the applicant, and the public to seek a mutually satisfactory resolution when issues arise. 7. Collaborate with other review agencies and other parties, actively seeking solutions that achieve the County’s planning and community-building goals. 8. Carry out County and Planning Board policies, with special attention to: (a) adopted Master Plans; (b) applicable land use, transportation, and environmental laws, regulations, and guidelines; (c) the Subdivision Staging Policy; (d) standards of professional responsibility; and (e) promotion of design excellence. B. Planning Department staff and other government agency and utility company staff who participate in the review of development applications must: 1. Review each application carefully, fairly, and in a timely manner. 2. Participate in scheduled Development Review Committee (DRC) and pre-DRC meetings, either in person or by transmitting written comments to the DRC chair. 3. Make reasonable efforts to participate, when necessary, in supplemental meetings on specific cases, as requested by either the lead reviewer or the applicant. 4. Work collaboratively to identify and seek mutually satisfactory resolutions, using the lead-agency protocol for conflicting recommendations created though a Memorandum of Understanding between the Planning Department and several of the agency members of the DRC to involve appropriate managers or chiefs from the conflicting agencies. 5. Report recommendations to the Board that are contrary to Planning staff’s in the rare event that agencies with conflicting comments are unable to timely reach a mutually satisfactory recommendation on issues related to a development application after following the protocol referenced above. C. Applicants must: 1. Select a development team, consultants, and representatives appropriate for the project. 2. Follow Planning Board and County policies, procedures, and regulations related to the proposed development project. 3. Submit complete and accurate applications. 4. Refer questions, issues, and all revisions concerning the filed application to the lead reviewer. 5. Notify the lead reviewer promptly if there is a major change to the development project under review. 6. Work with review staffs and the public in a cooperative manner to seek a mutually satisfactory resolution when issues arise. These regulations specify the submission, notice, review and approval procedures that must be followed for all development applications and associated requests that are submitted to the Montgomery County Planning Department and acted upon by the Board or Director. The types of application that may be required before an applicant can apply for permits to disturb land and construct are dependent on many factors, such as, the zoning on the subject site, the legal status (i.e., recorded lot, unplatted parcel, etc.) of the site, and the type of land use proposed for the project. This section includes an overview of the various application types. A. Land Development Plan Applications. The land development plan applications covered by this manual include: pre-preliminary submissions, sketch or project plans, preliminary and administrative subdivision plans, site plans, and record plats. Figure 1, below summarizes these plans, including references to the specific sections of the County Code that contain their requirements, and how they fit into the overall regulatory review process. Figure 1. Land Development Plan Application Types B. Plan Amendments. Proposed changes to a plan that has been approved and certified by the Board or Director must be approved as a plan amendment. A plan amendment may be filed to request changes to features of an approved plan drawing, or to specific conditions of the Board’s or Director’s approval for the plan.1 1. Classification of Preliminary and Site Plan Amendments. An amendment to a preliminary plan or site plan may be classified as major or minor depending on the purpose of the proposed amendment and as specified by the Subdivision Regulations (Section 50.4.2.F) or the Zoning Ordinance (Section 59.7.3.4.J). (a) Major amendments must be reviewed and acted on by the Board. (b) Minor amendments to a preliminary plan must be acted on by the Board; however, if the amendment is to change the validity period of the approved plan’s phasing schedule, the Director may act on the proposed amendment. (c) Minor site plan amendments may be acted upon by the Director under certain circumstances. (d) A new preliminary plan or administrative subdivision plan is required to resubdivide previously approved and recorded lots, or change a previous plan application that was denied. 2. Amendment to a Preliminary or Site Plan to change an associated Forest Conservation Plan. Preliminary or site plan amendments that involve amendments to associated forest conservation plans may be filed as minor amendments. (a) Per the Forest Conservation regulations (COMCOR 22A.00.01, Section 22A.00.01.13.A(1)), a forest conservation plan amendment that proposes no more than 5000 square feet of additional forest clearing may be acted on by the Director. (b) A proposed forest conservation plan amendment that involves changes to recorded conservation easements approved by the Board must be acted on by the Board. Corresponding amendments to the associated preliminary or site plan to reflect any easement changes must also be filed. 3. Changes to Site Plan-approved structures. A structure located on property covered by an approved site plan may be replaced without applying for a site plan amendment if the replacement conforms to the specifications approved as part of the site plan; for instance, replacing an existing fence or retaining wall, in kind. Changes that do not conform to approved specifications must be filed as a minor site plan amendment, except for those changes allowed under 59-7.3.4.G.2. (a) Playground areas and equipment. Many approved site plans that have residential uses include details for playground areas and equipment. For the purposes of site plan review, the term “playground equipment” includes benches, picnic tables, and trash receptacles, in addition to structures that are used for outdoor recreation activities by children, such as swing sets and slides. Over time, playground equipment may become old and outdated and need to be replaced; or a resident association may want to change its location or configuration, or remove it entirely. i. Installation of a new playground or removal of an existing one requires review and action under the Minor Site Plan Amendment process. ii. Replacing playground equipment requires review and approval by Planning Department staff. Such a change is not classified as a site plan amendment. The following rules apply to the substitution of playground equipment, for a site that has an approved site plan and specific playground equipment requirements: a. A request for a playground equipment substitution must be made by submitting a complete Recreational Equipment Substitution Request Form. b. The form may be filled out by the provider of the proposed playground equipment, but the project developer must also submit a cover letter confirming that the current Site Plan applicant supports the proposed substitution. c. Staff must review the substitution request to determine if the proposed equipment is equal in capacity, features, age group served, and quality2 (including conformance with CPSC and ASTM3 safety standards.) d. If staff does not render a decision as to whether the proposed substitution meets the “or approved equal” standard within 45 calendar days after the applicant’s complete submission of a Recreational Equipment Substitution Request Form, the substitution is automatically approved. e. After deciding, staff must reply, in writing, to the current Site Plan applicant. If the request is denied, the staff must specify, in writing, each reason for the denial. Staff must place a copy of the reply letter in the Site Plan file. The Site Plan applicant may appeal a denial to the Board. C. Other Application Types. An application must also be submitted to the Planning Department for the following: 1. Request to Extend a Validity Period for an Approved Plan. A request for approval of an extension to the validity period of an approved plan or the validity period of an Adequate Public Facilities determination. 2. Subdivision Waiver Request. A request for a waiver from the requirement to submit a preliminary plan or administrative subdivision plan under Division 50.9 of Chapter 50. 3. Adequate Public Facilities Ordinance (APFO) Review at Building Permit. A request for Planning Board APF review and finding required under Chapter 8 before issuance of a building permit for development on an existing recorded lot that is not subject to a previous preliminary plan approval, and does not require a site plan under Chapter 59, Section 7.3.4. 4. Request to Extend a Hearing Date. A request for extension of a Board hearing date pursuant to Chapter 59, Sections 7.3.3.C or 7.3.4.C, and Chapter 50, Section 4.1.E. 5. Exemption to Platting. A request for exemption under Chapter 50, Section 3.3 from the requirement to record a plat prior to the division or conveyance of land, or to support issuance of a building permit under Chapter 8. ---------- 1 A plan amendment is different than a plan revision. A plan revision is a change to a submitted application that an applicant chooses to make prior to action. Significant revisions may, on a case-by-case basis, require re-notice of the application. 2 The equipment proposed must also be able to fit in the space shown on the Site Plan. If the proposed substitution becomes so big that it no longer fits in the “play area” shown on the Site Plan, a Site Plan Amendment will be required. 3 If there is a conflict between Consumer Product Safety Commission (CPSC) and American Society for Testing and Materials (ASTM) standards, ASTM standards will govern. Certain types of notice must be provided by both the applicant and Planning Department staff at specific steps during the regulatory review process. The individuals receiving these notices vary depending upon the notice type, but include: owners of adjoining and confronting properties; nearby civic and homeowners’ associations; “interested parties” who request notice during the process; and the general public. Individuals, groups, and interested parties receive notice in writing, either by mail, or by email if they have indicated email as their preference. The general public receive notice from signs that are required to be posted on a project site, and for applications that are acted upon by the Board, from the weekly Planning Board agenda on the Board’s website. A. Notice Standards 1. Notice Required. Notice is required for each application per the following table, or as otherwise specified in the Code: APPLICATI ON TYPE | Pre- submittal Communi ty Mtg. | Site Posting | Written Notice from Applicant | Written Hearing Notice from Planning Departme nt | Planning Department Website Posting Pre- submittal Communi ty Mtg. | Applicati on | Pre- submittal Communi ty Mtg. | Applicati on | DRC Agenda | Planning Board Agenda 1 Notice shown in this table is per Section 7.5.1 of Chapter 59. 2. Notice List. Applicants must create and submit a Notice List as part of applications that require written notices to be sent. The Notice List must be: • compiled using the latest available records; • compiled no more than 30 calendar days before the pre-submittal community meeting; and • updated no more than 30 calendar days before the date the Application is accepted by the Planning Departments, Development Application and Regulatory Coordination (DARC) Division, Intake Section staff. (a) Individuals and groups included. Individuals and groups that must be on the Notice List are defined as follows: i. Abutting and Confronting Property Owners. The applicant must compile the names and addresses of the owners of properties that are adjacent to the project site or directly across a right-of-way, of a width of less than 80 feet, from the project site. This list must be based on tax assessment ownership records from the Maryland Department of Assessments and Taxation (SDAT), Real Property Database. If an abutting or confronting property includes a multi-unit building (residential, non-residential, or mixed use), the Notice List must include the property owner, the building management company, and the condominium association, if any. The list must also include any individual unit owner or renter in the building who has registered to receive notices on the MNCPPC website. If an abutting or confronting property is a recorded open space parcel for a subdivision, the applicant’s Notice List must include the homeowners’ association, condominium association, or renters’ association and any individual owner of a property in that subdivision that is located within 300 feet of the subject property. ii. Civic, Community, Condominium Associations, Homeowners’ and Renters’ Associations, and Municipalities. a. The civic, community, condominium and homeowner’s associations that have registered with M-NCPPC4 and are either: a) located within a half-mile radius of the center point of the subject property; or b) an association that has requested to receive notices for all development applications. At staff’s discretion, this list may be expanded for large or unusually shaped properties to include associations within a half-mile radius from a point or points along the property boundary, or to include a larger radius from the center point. b. For a project that proposes to amend only a part of a site which is covered by an approved preliminary and/or site plan, and the site has been partially constructed, sold, and occupied, the project’s Notice List is generated from the boundary of the amendment area. Property owners, including any individual unit owner or renter in a multi-unit building within the area being amended who has registered to receive notices on the MNCPPC website, must be included in the Notice List. Residents who are not property owners within the constructed part of the site must be notified of the proposed project through their HOA or Community Association. c. Planning staff may require the applicant to add to the applicant’s Notice List any common ownership association or civic association listed in the Planning Department’s records that abuts or confronts a public facility not adjacent or close to the project site, but which may require construction or improvement because of the proposed project. If required during plan review, as opposed to initial application, this notice must be directed to each designated association no later than 30 calendar days before the Board’s hearing on the application. iii. Pre-Submittal Community Meeting Participants. An applicant for certain plan types is required to hold a community meeting before the application is submitted to the Planning Department. Only meeting participants who have asked to receive future notices are required to be on the Notice List. iv. Parties of Record from Previous Plan Applications. If a project site has an approved plan, and an applicant applies for a plan amendment, individuals or groups that were identified as Parties of Record in the earlier plan application must be added to the Notice List of the current plan application. For example, a Notice List for a preliminary plan Amendment would include all individuals and groups who were identified as Parties of Record for the original preliminary plan application, in addition to those who meet the criteria covered above. v. Others. The DARC Division – Intake Section must be included on the applicant’s notification list. The applicant and members of the applicant’s team who wish to receive notices should also be included. (b) Updates Required. The applicant must update the notice list of adjoining and confronting property owners if the application is pending for more than 6 months after the final application is accepted, and provide the new list to the DARC Division for use in sending hearing notices. B. Pre-submittal Community Meetings. For a sketch plan, preliminary plan, or site plan, the applicant must hold at least one public pre-submission meeting no more than 90 calendar days before the initial application date. The purpose of the meeting is to explain the proposed project, address concerns about its impact on the community, and notify those attending of their right to participate in the review process. The applicant must expressly invite all individuals on the Notice List and must also post one or more signs that are visible from the street on the property. The meeting must be held on an evening or a weekend, in a location convenient to the proposed development site. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves. C. Site Posting. In addition to site posting required for notice of the pre-submission meeting, the applicant must post one or more signs at the development site for the plans noted above, indicating that an application has been filed. The applicant must: 1. pay all costs associated with the sign posting requirements; 2. monitor the signs and replace any damaged or illegible signs; and 3. maintain posted pre-submittal meeting signs until the date the meeting is held, and application signs throughout the review of the application.5 (a) Timing. i. Pre-Submittal Community Meeting signs must be posted at least 15 days before the meeting is held. ii. Signs to advertise the filing of the application must be posted before the application is accepted. (b) Sign Specifications. The applicant and its sign vendor, if any, must follow the Sign Template for sign content and lettering specifications. The Planning Department may modify these requirements in special circumstances to assure that all signs will be visible to the public. (c) Posting specifications. The required number and location of posted signs are as follows: i. A minimum of one sign must be placed parallel to each public or private street that is adjacent to the property. ii. If the frontage for a street adjacent to the project site is more than 500 feet long, an additional sign must be posted adjacent to the street for every 500 feet of frontage. iii. Signs are not required to be placed along and adjacent to a freeway. iv. Signs must be placed on the property in the most visible location available in such a manner that landscaping or other features do not impair or obstruct the visibility of the signs from the street. v. Signs must be posted within the project site, no more than 10 feet behind the property line adjacent to a street right-of-way or the access easement covering a private street. vi. Signs must not be placed within a street right-of-way or private street access easement. vii. For a large site or one with unusual constraints, the requirements listed above may be modified by Planning Department staff to provide good visibility of posted signs. (d) Posting information. Posted signs must contain the following information. i. Signs advertising a Pre-Submittal Community Meeting must include: a. meeting date, time, and place; b. purpose of the meeting; and c. applicant’s contact information. ii. Signs advertising the submission of the application must include: a. project name as it appears on the accepted application; b. project number, as assigned by the Planning Department at the time of the application submission; c. type of plan (i.e., preliminary plan, site plan, etc.); d. size and zoning of the site; e. each proposed use, and its associated proposed number of dwelling units, if residential use is proposed, and/or square footage of all non-residential buildings identified by type (i.e., office, retail, etc.); and f. Planning Department contact information. D. Written Notice. 1. Timing. Required written notice must be sent per the following table: Requirements | Pre-submittal Community Meeting 1 | Application Notice | Hearing Notice Sign Posting | At least 15 days before meeting | Before application is accepted | Written Notice Sent 2 | At least 15 days before meeting | No more than 5 days after application is accepted | At least 10 days before hearing date Posting on Planning Board Agenda | | | At least 10 days before hearing date 3 Responsible Party | Applicant | Applicant | Planning Department Staff 1 Must occur no more than 90 days before an application is filed. 2 By First-Class Mail or email. To receive email, the party receiving the notice must have specifically requested it. 3 At least 7 calendar days before the Board meeting for a plan application that will be reviewed by the Board but acted on by another agency. 2. Standards. Written notice sent by the applicant and Planning Department staff must meet the following standards: (a) Pre-submittal Community Meeting. The notice letter must be sent to everyone on the Notice list and must contain: i. date, time, and place for the meeting; ii. date that the notice is sent; iii. name and contact information of applicant or applicant’s representative. The listed individual must be available to provide further information about the proposed project and respond to any reasonable public request; iv. proposed project name; v. type of application that will be filed; vi. property street address or other easily understood geographical reference to the location of the project site; vii. property size and zoning; viii. proposed use and density of development; and ix. website and phone number for the DARC Division. (b) Application Notice. i. Notice letter. The notice letter must be sent to everyone on the Notice list and any individuals who requested notice at the pre-submittal community meeting and must contain: a. application number, as assigned by the Planning Department; b. date that the notice was sent; c. project Name; d. plan type; e. property street address or other easily understood geographical reference to the location of the project site; f. property size and zoning; g. proposed use and density of development, and if the application is an amendment to an approved plan, the changes that are proposed; h. tentative Board hearing date scheduled by the Planning Department, if applicable; i. deadline date for receiving comments on the application, if applicable; and j. contact address and phone number for the DARC Division. ii. Notice letters for applications submitted for Director approval. The applicant must expand the notice list under subsection 59.00.05.04.A.2 above, to include all other parties of record noted in any previous files related to the current amendment, and mail the notice to all parties. In addition to the items in subsection 59.00.05.04.D.2(b)i above, the notice letter must include a deadline (at least 15 days after the mailing date of the notice) for the submission of comments regarding the application. iii. Additional items. The following attachments must be included with the notice letter: a. Separate, legible 11" x 17" copy of the applicant’s proposed plan drawing for the project. b. Latest version of the Planning Department’s brochure, entitled “How to Participate Effectively in the Development Review Process”. (c) Hearing Notice. i. Written notice. The notice must be sent to everyone on the notice list, anyone who requested notice at the pre-submittal community meeting or any other time during application review, and any individuals who submitted written comments regarding the application. The notice must contain: a. date and location of the meeting; b. project name; c. application number; d. plan type; e. property size and zoning; f. project location; and g. description of the proposed development. ii. Website posting. The Board holds hearings to review and act on some Plan Applications that are under its jurisdiction. It also holds hearings to provide comments on a Plan Application that is to be acted on by another body. Hearing items are listed in an agenda that typically occurs weekly, on every Thursday, through most of the calendar year. Specific times are set aside during the year for breaks in the agenda schedule. The Board’s Weekly Agenda provides a notice for the general public of items to be reviewed by the Board, and public access to a staff report for each item where one is required. Information that can be found for each item on the agenda includes: a. project name and plan number; b. brief description of the application and project site; c. area Team lead review staff name; d. staff recommendation and link to the staff technical report, if required; and e. item number on the agenda and approximate time of day that the Board will take up the item. ---------- 4 Applicants may use the Association Finder Interactive Map tool, a GIS-based map created and maintained by the Planning Department for convenience. 5 If an applicant does not maintain a properly posted sign on the project site, the Board may postpone a hearing on the application until the applicant has demonstrated that the site has been properly posted for at least 30 consecutive calendar days. Signs may be removed from the property after Board or Director action, as required, has been taken on the application. A. Pre-submittal. 1. Required Meeting with the Community. The applicant must hold at least one pre-submittal community meeting before submitting a project plan, sketch plan, preliminary plan, or site plan. (a) Requirements of the meeting. i. The applicant must schedule the meeting no more than 90 calendar days before the initial application date, on an evening or weekend, at a location that is convenient to the proposed project site. ii. The purpose of the meeting is to present information about the proposed project and allow members of the community and the larger public to ask questions. iii. The applicant must provide a sign-in sheet at the meeting so that attendees can identify themselves, provide a mailing or email address, and indicate whether they want to be added to the Notice List. iv. The applicant must take meeting minutes that include a summary of any issues or concerns raised by attendees. 2. Optional Meeting(s) with Staff. If site constraints or other issues related to the proposed development of a property raise questions about a future development application, an applicant may request one or more pre-submittal meetings with staff. B. Application. All applications covered by this manual must be filed with the DARC Intake Section staff. The applicant or its representative must fill out and sign the application form and checklist certifying that application and checklist are complete and ready for processing. 1. Applicant’s Responsibility. (a) Required submittal items. Applications for review and action by either the Board or Director are typically submitted and processed electronically through Montgomery Planning ePlans.6 Filing an application includes submittal of an application form, followed by uploading electronic copies of required drawings and documents. The application must include all information required in the application checklist. (b) Meeting required before plan amendment application. The required items for a plan amendment vary depending upon the specifics of the case. For each plan amendment, the applicant must contact the appropriate Area Team supervisor to determine the exact submission requirements. The amendment must clearly identify the items or areas of the approved plan proposed for revision. 2. Staff’s Responsibility. (a) Intake Review. Staff must review the application and within 10 days, either accept the application, or provide initial comments containing all revisions or additional materials required to make the application consistent with the submission requirements. Staff’s review consists of a Pre-screen step to make any necessary corrections on the application form and compute the appropriate application fee, and then Intake Review of the initial application materials to determine if the information submitted is complete and meets the requirements of the application checklist. Intake Review is not a review of the merits of the application. Applicants should strive to ensure that each application is complete and correct at the time of initial submission. Staff must not accept an incomplete application for review. 3. Items Required for all Applications. Applications filed with the Planning Department must contain: (a) plan drawings, documents, and other items as required by the application checklist; (b) a certificate of compliance; (c) a statement of justification; and (d) documentation of notice, including pre-submission meeting and site posting. The following are also required before an application is accepted: (e) a paper copy of the application form signed and dated by the property owner or applicant; and (f) payment of the appropriate fee.7 4. Plan drawings and documents. A digital copy of all submittal items required by the application checklist for each application type must be provided with the application in the appropriate file format, with the appropriate file name, and prepared following the submittal requirements on the Planning Department Webpage. Plan drawings must be legible and include appropriate notes and specifications and proper certification by a licensed professional or other qualified preparer. 5. Certificates of Compliance. The Certificate of Compliance8, signed and dated by the Applicant, attests that, to the best of the applicant’s knowledge, information, and belief after reasonable investigation, the application conforms to all applicable Federal, State, and County laws and regulations, including standards of the applicable zone. The certification also confirms that the plans and documents in the application package provide complete and correct information on boundary, ownership, and other information on properties, topography, historic resources, etc. 6. Statements of Justification. The Statement of Justification is a written statement listing the facts and reasons that the applicant believes would support Board or Director approval of the application. The statement must address each finding that is required in either Chapter 50 or Chapter 59, depending on the type of application. (a) Waiver requests. If the application includes a request for any waiver of any law or regulation, the statement must specifically identify the applicable code section and provide details of the facts and legal basis that support the granting of the requested waiver. If a waiver is requested for environmental reasons, the applicant should refer to the latest approved Planning Board’s Guidelines for the Environmental Management of Development in Montgomery County, Maryland. If a proposed development application requires approval of a variance of a zoning standard by the County Board of Appeals, M-NCPPC will not process the application until the Board of Appeals acts. (b) Supporting information. The applicant must attach any diagrammatic or illustrative materials that support the facts asserted in the statement of justification. The Applicant, or the Applicant’s representative, must certify that the information set forth in each statement of justification is true, complete, and correct to the best of their knowledge, information, and belief. 7. Documentation of Notice. (a) Notice List. The submitted application documents must include a copy of the notice list, satisfying the requirements above. After mailing written notice, the applicant must retain each item of mail returned undelivered and produce any item retained for inspection by the staff or the Board upon request. If DARC Division staff has not received a copy of the required written notice, the Development Review Committee meeting on the application must be postponed until the applicant demonstrates that each required notice was mailed. If an application is pending for more than one year, the applicant must update the notice list and re-send notice (with the latest plan drawings) to each party on the updated list before the plan is scheduled for Board action. (b) Pre-submittal community meeting. The applicant must provide the following pre-submittal meeting documentation with the application: i. a signed and notarized affidavit attesting to the date, time, and location of the meeting; ii. a dated copy of the invitation notice letter; iii. a copy of the sign-in sheet, and a typed summary list that identifies each attendee, the attendee’s contact information, and identification of each attendee who wants to receive all future notifications concerning the proposed application; and iv. meeting minutes that include a summary of issues or concerns raised by attendees. 8. Documentation of Site Posting. The applicant must provide the following documentation of site posting: (a) Initial application. When an application is initially submitted, the applicant must include a template of the proposed sign and a drawing showing the proposed posting locations on the development site. (b) Before application acceptance. A document file containing the following items must be submitted before application acceptance to demonstrate that site posting requirements have been met: i. a signed and notarized affidavit attesting to the date and location of the posted signs; ii. date-stamped photographs of each posted sign; iii. the staff-approved sign layout plan drawing; and iv. a photograph of one of the actual signs. C. Acceptance of an Application. 1. Terms of acceptance. A final application must be complete and comply with all filing procedures to be accepted for review. DARC Intake staff must give the applicant written confirmation when acceptance occurs. The acceptance of a plan means that it is complete and accurate for purposes of filing. Acceptance for filing does not constitute approval of the submitted plan; it allows the application to move forward to evaluation by the participating review agencies and others. 2. Regulatory clocks. After application acceptance, Code-required review clocks for the plan application are started and tentative Board hearing dates are assigned, as applicable. If the application is going to be discussed at a Development Review Committee (DRC) meeting, it is added to the next available meeting agenda. 3. Public record.9 All information contained in the accepted application, or added during application review is part of the public record. In addition, all supporting materials presented to the Board or Director or otherwise incorporated into the plan as part of the action taken on an application, become part of the public record. By submitting a plan application, the applicant agrees to complete the checklist of standard plan requirements included with each application form. D. Rejection of an Application. 1. Inaccurate, misleading or false certifications. At any point in the review process, if staff finds that information certified by an applicant or a licensed professional10 is materially inaccurate, misleading, or false, staff must report the matter in writing to the Director. The Director must review the report, give the applicant or professional an opportunity to respond in writing, and consider any other relevant information. If the Director finds that the applicant or professional submitted materially inaccurate, false, or misleading information, the Director must reject the application and take appropriate action, which may include reporting the facts to the appropriate licensing board. 2. New application needed. Any plan rejected for these reasons must be returned to the applicant without any refund of the initial application fee. The application must be dropped from the queue of pending plans, and the applicant must submit a new application with associated fees to be considered further. E. Filing of Concurrent Applications. Many types of land development projects require the filing, review, and Board approval of more than one type of plan. With the agreement of Planning staff, some of these plans may be filed concurrently. Depending upon the application types, concurrent filing may require extensions of the mandatory review timeframes required by law to facilitate concurrent action on the applications. ---------- 6 Complete instructions for making an application, including application forms and checklists are available on the Planning Department’s website at http://montgomeryplanning.org/development/. 7 Fees paid by check must be made out to the Maryland-National Capital Park and Planning Commission (MNCPPC). 8 Standard Certificate of Compliance template available at: http://www.montgomeryplanning.org/development/forms/ After a final application is accepted, it must be reviewed to determine if it meets the requirements of the County Code and other applicable laws and adopted guidelines. Individual reviewers must provide their recommendations regarding the approval of the application. These recommendations are part of the basis for the eventual Board or Director action on the plan. A. Referral and Inter-Agency Consultation. When a final application is accepted, the planning staff must: • provide a copy of the plan and necessary supporting information to designated offices of the Commission, other government or public agencies, and utility companies for comment or approval, as required by applicable law; and • if applicable, schedule a discussion of the application between reviewers and the applicant before the Development Review Committee (DRC) chaired by the DARC Division Chief, or designee, within 15 days after the copies are sent. 1. Lead Reviewer. For each plan application, the appropriate chief or supervisor must assign a Planning Department lead reviewer. The lead reviewer ensures that the following steps are coordinated and occur in a timely manner. (a) Comments and recommendations from the reviewers are included in the application file and conveyed to the applicant team. (b) Documentation is added to in the application file noting assigned reviewers that do not participate or provide any substantive comments. (c) Potential conflicting comments are identified. (d) Plan revisions and information from the applicant in response to comments are provided to reviewers. (e) The adopted protocol for resolving any agency conflicts is applied when necessary. 2. Responsibility of all reviewers. Comments from any reviewers must be made in writing before the end of each designated review period. A reviewer who is unable to meet this timeframe must complete their review by stating their need for additional time and providing an estimate of when their review will be provided. 3. Consultation during review. Reviewers may hold meetings during the application review period to help evaluate the application as necessary or appropriate. These meetings may include the applicant, other interested parties, and the public. Minutes for each meeting must be prepared by the meeting organizer and included in the application file. Each set of minutes must include the date, time, meeting location, and a list of participants, major issues discussed, and any decision or recommendation made. 4. Review Steps. Chapter 50 and Chapter 59 establish review periods for the different applications, but these may be extended depending upon the number of issues identified as part of the review and the need for plan revisions. The typical review for most applications consists of the following steps: (a) Agency review before DRC meeting (b) DRC meeting (c) Applicant revisions after DRC meeting (d) Agency review and approval of each final revised plan (e) Planning Staff prepares a written report (f) Staff report is posted 10 days before a Board hearing (g) Board or Director Action 5. Extended review. Review and action on the application types covered in these regulations involves approval of certain required plan components by other agencies, such as, fire access and road grade plans; and concurrent review of related applications, such as, stormwater management concept and Special Protection Area (SPA) water quality plans, water and sewer category change requests, well and septic permits, or conditional use applications. Obtaining these related approvals may require extension of the review timeframes specified above. Delays may also result if an applicant does not submit adequate revisions under section 59.00.05.06.B. 6. Extension of a Board hearing date or Director decision date. Review deadlines may be extended for sketch, site, preliminary, and administrative subdivision plans under Chapter 59, Sections 7.3.3.C and 7.3.4.C, and Chapter 50, Sections 4.2.E and 6.3.B.3, respectively, by rescheduling the required decision date. A request must be made in writing to the Planning Department for such extension.11 Per Chapter 50 and Chapter 59, the Director may postpone the decision date by up to 30 days one time without Board approval. The Board may act to grant extensions of more than 30 days upon request from the Director or applicant. Any extension of a hearing date acted upon by the Board must be noticed on the hearing agenda with the new hearing date indicated. The new hearing date must be identified for individuals on the notice list as part of the written hearing notice. 7. Extension of plat review. An applicant may consent to waive the 90-day review period required under Chapter 50, Section 8.2.B to gain time to obtain the necessary approvals from the reviewing agencies; otherwise, staff must base their required recommendation on the latest version of the plat. When staff’s final recommendation on a plat is denial, the applicant must be permitted to submit a final plat and staff must prepare a staff report and schedule a Board hearing on the next available agenda. 8. Application lapse deemed withdrawal. An application that has been inactive for 365 days with no substantive response to review comments, or that has not been properly extended under Chapter 50 or 59 must be treated as withdrawn unless the applicant can demonstrate good cause to extend the application. The staff must send written notice to an applicant whose plan has been inactive that the applicant has 30 calendar days to request an extension of the staff review. Any request for an extension must: (a) be in writing; (b) show good cause to grant an extension; and (c) propose a timeframe to finalize the application. If the applicant does not request an extension by the due date, staff must send the applicant written notice that the application has been withdrawn by default. A new application and fee must be submitted to re-file any plan that is withdrawn by default. B. Plan Revision.12 Each applicant is responsible for timely response to reviewer comments. The response may be by resubmitting plans and other documents with revisions, requesting a meeting with reviewers to discuss the comments, or indicating the desire to proceed to Board or Director action without any revision. Resubmitted materials should be submitted within 14 days after the comments are received, unless staff and the applicant agree on an extended deadline. Depending on the size and complexity of the proposed project, a plan may be revised multiple times during the application review. Any final revised plan for an application that is scheduled for Board action must be submitted not less than 65 days before the scheduled Board meeting date. 1. Major revision. If the lead reviewer determines that an applicant’s revised plan or any other related revised document constitutes a major change13 from the original submission, the applicant must: (a) re-send written notices to all parties on the Notice List; and (b) revise and resubmit an application form if the revision involves a change in: i. acreage of the application site; ii. type of use or units proposed; iii. proposed density of any use; iv. proposed method of development; or v. ownership, applicant, or engineer. The submittal of a major application revision should be discussed with the assigned lead reviewer before they are submitted, and will require extension of any minimum review timeframe specified by law. The lead reviewer must decide how the revised plan will be reviewed after submittal, and may schedule another DRC meeting. C. Public Participation. Any individual or organization with an interest in or concern about a proposed development or specific application may participate in the review and approval process by: • attending the pre-submission community meeting organized and held by the applicant before an application is submitted to the Planning Department. • reviewing information about the submitted plan application online at the Planning Department website; and • attending the DRC meeting scheduled for the application14, if applicable. The DRC meeting is not open to public participation; but members of the public may attend and listen the discussion. Groups should notify DARC staff about their interest in attending the DRC meeting before the scheduled date so that space accommodations can be made. 1. Public comment. Members of the public who have questions or concerns should contact the Planning Department’s lead reviewer at any time during the review process. Public comments should be submitted in writing by letter or email, and become part of the public record of the application. The Planning staff must make every effort to address issues raised by the public during the plan review, and address the issues that are not resolved in their recommendations on the plan. Public comments may also be presented directly to the Board if a public hearing is scheduled. 2. Community meetings during review. Meetings with members of the public may be scheduled for a case upon request to the lead reviewer, or for particularly complex or controversial cases, staff may initiate a community meeting. These meetings must include other agency representatives and the applicant, as appropriate. D. Staff Reports. The lead reviewer, after completing the application review and receiving all required agency recommendations or approvals, must prepare a report summarizing the proposed findings of fact and conclusions of law that the Board or Director must make and recommend approval, approval subject to conditions, or denial of the application. 1. Contents of the staff report. A staff report should include the following elements: (a) a site description, including a vicinity map and aerial photograph of the site; (b) an overview of the project, and a plan drawing; (c) a summary of previous approvals, if any; (d) a summary of the major issues and concerns related to the application and staff’s proposed resolution; (e) staff’s recommended action, including for an approval, any recommended conditions; and (f) staff’s findings of fact and conclusions regarding each applicable requirement of law related to the plan under Chapter 50, Section 4.2.D and Chapter 59, Sections 7.3.3.E and 7.3.4.E; and the basis for each finding and conclusion. 2. Staff Reports for Board action. The staff report for a plan or plan amendment application under Chapter 50 or 59 must be published on the Board’s website as part of the Hearing Agenda at least 10 days before the date of the scheduled meeting. 3. Staff Reports for a minor plan amendment. A staff report for a minor plan amendment involving limited aspects of the original plan must include the elements listed above and details on each item that is proposed to be changed. 4. Objections to a staff report scheduled for Board action. The applicant or other individuals may submit objections to any finding or conclusion in a staff report that is scheduled for Board action no later than one full business day before the scheduled Board meeting that includes the application. Each objection must be made in writing to the Board Chair and must clearly identify and fully explain the basis for each disagreement. The applicant or any other party may also object to any finding or conclusion in the staff report during the scheduled public hearing on the application. 5. Request to postpone a public hearing agenda item. The applicant or any other party may request postponement of a scheduled public hearing after the staff report has been published. The request must be made in writing to the Chair of the Planning Board no later than one full business day before the scheduled Board meeting that includes the application. Each request for postponement must clearly identify and fully explain the basis for postponement. The staff must notify the applicant of each postponement request, and the applicant must be given an opportunity to respond. A decision to postpone a public hearing may only be made by the Planning Board Chair or the Planning Board. 6. Removing items from the Consent Agenda. The Planning Board may only approve a plan amendment under Chapters 50 and 59 on its Consent Agenda if the amendment is unopposed. If any individual or party opposes an amendment scheduled on the Consent Agenda at any time before the Board votes on the amendment, the Board must remove the item from the Consent Agenda and schedule it for a Full Hearing. Any Board member may also remove an item from the Consent Agenda on the day it is to be heard by making a motion in open session. ---------- 9 The public record is not the same as the legal record that the Board bases its decision upon for purposes of a petition for judicial review. 10 Licensed professionals include engineers, surveyors, landscape architects, attorneys, and any other profession licensed by the State of Maryland. 11 Template for the Regulatory Extension Request Application. 12 A plan revision is distinct and separate from a plan amendment. A plan revision incorporates changes that are made as part of the plan review process (i.e., before a plan is approved by a regulatory body). An amended plan incorporates changes made to a certified or approved plan. 13 A major revision includes any increase or significant decrease in density or number of units, an increase in the limits of disturbance, a significant change in lot layout, or an increase in building height or scale. The lead reviewer determines if an applicant’s proposed plan revision is a major or minor revision. 14 The DRC meeting is generally held every 2 weeks, on Tuesday. A DRC Agenda containing items and the times they will be discussed, is posted on the MNCPPC website. A plan application is acted on by the Board or Director, depending on the application type. The Chapter 50 and Chapter 59 requirements for action on a plan are as follows: Application Type | Approval Authority A. Board Action. Board action as part of their regularly scheduled meetings is required for sketch plans, preliminary plans, site plans, and record plats; and may be required for pre-preliminary submissions and administrative subdivision plans. 1. Board Meeting Agenda. The Board votes to act on a plan during their meetings in one of two ways: (a) After a public hearing. The Board typically acts on development applications immediately after a hearing15. The hearing provides an opportunity for testimonial evidence to be presented to the Board by staff, the applicant, and other interested parties. (b) On a Consent Agenda. Items that are reviewed and acted on as part of a Consent Agenda without any discussion. 2. Scheduling. Board action on a development application must be scheduled per the requirements of Chapter 50 and Chapter 59. Depending on the plan type, the hearing or consent agenda action dates must be scheduled either 90, or 120 days after a complete plan application is accepted by DARC Intake staff. The following table contains the scheduling requirements for the applicable plans. Application Type | Maximum Days Between Application Acceptance and Decision 1 | Reference to County Code Pre-preliminary Submission | 90 (if applicant requests a Board hearing) | Ch. 50, Sec. 5.2 Sketch Plan | 90 | Ch. 59, Sec. 7.3.3.C Administrative Subdivision Plan | 90 (if Director determines a Board hearing is necessary) | Ch. 50, Sec. 6.3 Preliminary Plan and Amendments | 120 | Ch. 50, Secs. 4.1.E and 4.2.F Site Plan and Amendments | 120 | Ch. 59, Secs. 7.3.4.C and 7.3.4.J Record Plat | 30 (this timeframe is measured from submittal of final plat) | Ch. 50, Sec. 8.3.F 1 This column does not include hearing date extensions that may be granted under Chapter 50 and Chapter 59. (a) Start of clock. For a pre-preliminary submission, sketch, preliminary or site plan application, the plan action date must be scheduled at the time of application acceptance, and noted in the Application Notice letter sent by the applicant. If the Director determines that an administrative subdivision plan requires a Board hearing and action, the hearing must be scheduled on the next available agenda date. (b) Possible extension. Depending on the complexity of the plan and the degree of controversy, Board hearing dates may need to be extended, as discussed above, to have sufficient time to identify and understand the issues of the proposed project and sufficiently explore and incorporate features to address these issues. (c) Minimum requirements for scheduling a Board hearing. Action on a plan application must not be scheduled until the lead reviewer determines that: i. a final plan has been submitted by the applicant and date stamped by the lead reviewer to identify it as the official plan for Board consideration; ii. all agency reviews are completed and written recommendations have been received; and iii. all relevant issues and concerns have either been resolved or will be presented to the Board for resolution. 3. Visual exhibits. Applicants must submit digital copies of the following visual exhibits to the lead reviewer for use in the Board hearing, at least 3 business days before the scheduled date of the hearing: (a) a rendered copy of the applicable land development plan (pre-preliminary, sketch, preliminary, administrative subdivision, and site); (b) a rendered forest conservation plan and landscape plan, if applicable; and (c) other exhibits, depending upon the issues of the plan, as requested by the lead reviewer. Visual exhibits may be presented at the hearing by any participant. They should be prepared in digital form and saved on an electronic medium (e.g., USB flash drive, CD, etc.) so they are viewable by all at the meeting and can be retained as part of the meeting record16. 4. Testimony. Any interested party may present testimony for consideration as part of the Board’s hearing by signing up in advance, or at the hearing. 5. Action on a record plat. Staff must schedule action for a record plat immediately after the final plat is accepted. Action is generally taken by the Board as part of its Consent Agenda. A staff memorandum that includes a summary of staff’s review and recommendations and a copy of the proposed plat must be posted on the Commission’s website at least 10 days before the scheduled Board action date. Staff may add record plats to the Consent Agenda not later than 5 days before the scheduled action date in limited circumstances. Plats may be listed in the same Consent Agenda item and approved by the Board in one vote without discussion or individual motions. B. Director Action. Action on administrative subdivision plans and certain minor amendments to preliminary plans and site plans may be taken by the Director instead of the Board. A public hearing is not required before the Director acts, but the Director may determine that a hearing is warranted in some cases. When such a determination is made, the Director must cede their authority to act on the application to the Board and schedule the public hearing on the next available Board meeting agenda. 1. Public participation for a Director action. The required written application notice for an application that will be acted upon by the Director must include the fact that a public hearing will not be scheduled. The notice must also state that comments concerning the application must be submitted to the Director, and specify the time within which the comments must be received to be considered as part of the Director’s decision. Any comment period must be a minimum of 15 days from the date the written application notice is sent. 2. Timing. The timing of a Director action is subject to the scheduling requirements of subsection 59.00.05.07.A.2, above. C. Documentation of action. Written documentation of a Board or Director action is required. 1. Resolutions. Resolutions documenting a Board action required under Chapter 50 and Chapter 59 must be adopted per the Board’s Rules of Procedure. The resolution mailing date is the basis for calculation of the plan validity periods specified in Chapter 50 and Chapter 59. (a) Resolution notice. A copy of the resolution must be sent by staff to the applicant, the applicant’s engineer and attorney, and all parties of record for the hearing17, and included in any certified plan drawing set. 2. Written Director action. The Director’s action on an application may be by letter or memorandum, or as part of the staff report. When the Director accepts all findings in the staff report and staff’s recommendation, the Director’s counter-signature and action date on the staff report is sufficient documentation of the action. The Director’s action date is the start of the plan validity periods of the approved plan. (a) Notice of Director action. A copy of the Director’s approval must be sent to the applicant, placed in the public record of the case, and included in any certified plan drawing set. ---------- 15 Rules for the conduct of hearings before the Board are found in the Board’s Rules of Procedure. 16 With advanced notice before the day of the scheduled hearing, DARC Division staff will scan paper copies of visual exhibits and create digital copies for use in the meeting. 17 The parties of record for a hearing include the applicant, the applicant’s engineer, the applicant’s attorney, any individual or group that testifies at the hearing, and any individual or group that submits written testimony after a staff report has been posted. Certification of plan drawings is required for preliminary plans, administrative subdivision plans, and site plans (and any amendment to either) that have been approved. The certified plan set must include all plans associated with these approvals, including: forest conservation or tree save plans, landscape and lighting plans, architectural plans, and impervious surface plans approved as part of a SPA water quality plan. A. Steps for certification. After the Board or Director, as appropriate, approves a project application that requires a certified plan to confirm the approval, the following steps must be taken: 1. The applicant must make any modifications to the application drawings that were required by the conditions of the approval, add a copy of the signed Board Resolution or Director approval, and submit the plan drawing set to the Planning Department. 2. Staff should review the submitted application drawing set within 15 days and either accept the plans or provide review comments to the applicant outlining necessary corrections. 3. Accepted drawings must be stamped approved, signed, and dated by the Director or designee. 4. The applicant must produce and submit one paper copy of the stamped certified plan set with original developer and professional certification signatures and submit it to the Planning Department for archiving. 5. A copy of the fully executed certified plan must be posted electronically on the Planning Department’s website for viewing by all interested parties. B. Separate exhibit required for ownership units. Ownership units may not be included on a certified preliminary plan or site plan drawing set. When an applicant intends to create ownership units within a lot included on such plans, a separate ownership unit drawing must be submitted for certification along with the preliminary plan or site plan. A. Inspections. The applicant must schedule all Planning Department inspections that are required by conditions of any approved preliminary plan, administrative subdivision plan, or final forest conservation or tree save plan with a Planning Department inspector per the approved inspection schedule. The inspection must confirm that land development activities occurring on a project site will conform to all requirements of the approved plans. Required pre-construction inspections must be coordinated with the DPS inspector and an applicant’s representative to ensure that requirements for sediment and erosion control and stormwater management do not conflict with approved requirements for forest conservation and protection of environmentally-sensitive areas. B. Surety and bonds. The applicant must enter a Surety and Maintenance Agreement18 with the Board as required by any approved application, submit a cost estimate19 of the materials and facilities that are required to establish the surety amount, and provide a performance bond20 or other form of surety. 1. Timing and elements included. (a) Subdivision and site plan surety. Surety and bonding for the required elements of a preliminary plan, administrative subdivision plan, or site plan must be provided per the timing specified in the conditions of approval; generally, before the issuance of building permits or sediment control permits. The elements include: landscape plant material, on-site lighting, indoor and outdoor recreational facilities, site furniture, mailbox pad sites, trash enclosures, retaining walls, fences, railings, private utilities, private roads and associated improvements, including sidewalks, bikeways, storm drainage facilities, street trees and street lights. (b) Forest conservation and tree save plan surety. Surety and bonding for the required elements of a forest conservation plan or tree save plan must be provided before the Planning Department inspector authorizes any clearing or grading of the development site. The elements include: plant materials, tree protection measures, invasive species control measures, planting site preparation, fencing, and boundary signage. 2. Review and approval. The required surety and bonds must be submitted to the DARC Division for distribution to the appropriate review staff. C. Other. 1. Before submittal of a Record Plat. An application for a record plat will not be accepted without verification that the following requirements have been met. (a) Certified plans. The applicant must submit a copy of the certified preliminary plan and associated forest conservation plan, and the Board’s resolution on the preliminary plan, with the record plat application. The applicant must also submit a copy of the certified site plan and associated forest conservation plan, and site plan resolution for any property that is subject to site plan approval. (b) Road improvements. The applicant must comply with Chapter 50, Sections 4.3.E.2.b, 4.3.E.3.b, 4.3.E.4.e, and 4.3.E.5.d by: i. Public roads. Applying to DPS for right-of-way permit(s) or satisfying any alternative requirements of DPS to ensure proper design of public roads. ii. Private roads. Obtaining the certification of an engineer that each private road has been designed to meet the requirements of Chapter 50, Section 4.3.4. (c) Forest conservation easements. Documentation needed to create all conservation easements must be prepared in at least draft form. (d) Street naming and address plan. The applicant must request an Address Plan or Address Verification from DARC Division staff before the initial submission of the Record Plat application. Staff will work with the applicant to assign addresses for newly created lots and verify addresses for existing properties that are to remain in their original configuration. If the approved subdivision includes new streets, the applicant must submit a list of proposed street names for staff review and approval to ensure that: new streets are not assigned names that are already in use in the County; the assigned names do not cause confusion in locating addresses for properties or structures; and they meet other Board guidelines for street names21. (e) Other necessary covenants or agreements. All covenants, agreements and easements required by Board conditions of approval must be prepared in at least draft form. (e) Required agency approvals. Regulatory approvals that are conditioned as part of the Board’s approval of an application, such as, a DPS well and septic permit or stormwater management concept, must be obtained before a plat is submitted. 2. Before issuance of Building Permit. The applicant must verify for DARC Division staff that all conditions of a Board approval that were required to be met before the issuance of a building permit have been satisfied. ---------- 18 Template for a Subdivision and Site Plan Surety and Maintenance Agreement and Forest Conservation Plan Maintenance & Management Agreement: Onsite and Offsite. 19 Template for the Cost Estimate Table. 20 Template for a Subdivision and Site Plan Bond, Subdivision and Site Plan Letter of Credit, Forest Conservation Plan Bond, and Forest Conservation Letter of Credit. 21 Rules and guidelines for assigning addresses and street names in the County are provided in the latest version of the Addressing and Street Naming Guidelines and Procedures Manual for Montgomery County, Maryland (DARC Division, Montgomery County Planning Department, M-NCPPC). Certain types of applications have additional requirements not covered by Chapter 50 or the sections above, or are subject to alternative procedures for submission and review. These alternative requirements and procedures are described below. A. Administrative Subdivision Plan. 1. Board action required. The Director must cede their authority to act on an administrative subdivision plan application and schedule action by the Board if: (a) an objection to the application is received during the review, and the Director determines the objection is relevant; (b) the project site is within a Special Protection Area and required to submit a Water Quality Plan; (c) the application includes a request for a waiver under Section 50.9 of Chapter 50; (d) the application includes a request for abandonment of land dedicated for public use under Section 50.8.4.A.2 of Chapter 50; and (e) the application includes a change to a recorded conservation easement on the project site. 2. Director participation in application review. The Director may not participate in the DRC meeting or any other meetings that occur on an application before acting on the plan. 3. Effect of an appeal to an Administrative Subdivision Plan. An appeal of an administrative subdivision plan filed under Section 6.3.C of Chapter 50 stays the Director’s action on the plan until the Board acts on the appeal after a public hearing. B. Validity Period Extension Requests. The date when the Planning Board’s resolution for a preliminary plan is mailed establishes both the plan validity period and the validity period for the associated adequate public facilities review. The Board may extend these validity periods under Chapter 50, Sections 4.2.H and 4.3.J.7. 1. Application. An application filed for extension of a validity period must include a letter from the applicant, or the applicant’s representative, which identifies the facts, conditions, and provisions of law relied upon by the applicant to justify an extension. 2. Review and Action. Planning Department staff may review an application filed for extension of a validity period without referring it to other government or public agencies, and utility companies. A DRC meeting on the application is not required. Staff must prepare a staff report for the application as noted above, and schedule action per the timing required for the plan under which the validity period was established. C. Subdivision Regulations Waiver Requests. Chapter 50, Division 50.9 specifies waivers that the Planning Board may grant. Waivers are generally reviewed as part of an application for a preliminary plan of subdivision. However, a waiver of the requirement to submit a preliminary plan of subdivision may be requested. In that case, a separate subdivision waiver application is required. 1. Application. Each application for waiver must include a letter from the applicant or the applicant’s representative which specifies the facts, conditions, and provisions of law on which the applicant relies to justify a waiver. 2. Review and Action. An application for a subdivision regulations waiver must be reviewed per the requirements of Chapter 50, Section 9.5.A and acted upon by the Board. D. Adequate Public Facilities Ordinance (APFO) Review at Building Permit. Per Chapter 8, Section 8-31, a building permit must not be issued for lots that do not have a valid APFO approval from the Board. If such approval is not granted by the conditions of an approved preliminary plan, administrative subdivision plan, or site plan, the Department of Permitting Services refers the building permit application to the Board for a determination that public facilities will be adequate to serve the proposed development. In these cases, an application for APFO review should be filed under these procedures. 1. Application. Each application for a building permit APFO review must include an application form, and applicable fee, and sufficient information to demonstrate the expected impact on and use of public facilities by the development. 2. Referral of the application. Immediately after accepting the application, the Director must send a copy to DOT, MCPS, DPS Fire Department Access and Water Supply, and any other applicable reviewing agencies for their comments concerning the plan. Per Chapter 8, each recipient must respond to the Board within 30 days after receiving the application from the Director. 3. Review. After receiving the recommendations of the participating reviewers, staff must prepare a staff report for the application as noted above. 4. Action. Action on an application for APFO review at building permit may be taken by either the Director or Board, depending upon the circumstances of the request. (a) If a complete and adequate traffic statement is submitted and the proposed development generates less than 50 total peak hour person trips, the APF determination may be approved administratively by the Planning Department Director or designee. (b) If a complete and adequate traffic study is submitted and the proposed development generates 50 or more total peak hour person trips, the APF determination must be approved by the Planning Board following a public hearing. E. Request to Extend a Hearing Date. The Director and Board may extend the hearing date that is required to be set at the time certain applications are accepted under Chapter 59, Sections 7.3.3.C and 7.3.4.C, and Chapter 50, Section 4.1.E. A request for such extension must be made in writing by the applicant or the Planning Department lead reviewer. The Regulatory Extension Request Template may be used for this purpose. 1. Board action on the request. If the Board is required to act on a request to extend a hearing date, staff must prepare a memorandum immediately after receiving the request and schedule the action on the next available agenda. F. Request for an Exemption to Platting. When DPS requires verification from the Planning Department that a property is exempt from the requirement to be recorded by a plat per Chapter 50, Section 3.3, a written request must be submitted to the DARC Division. The request must include copies of all information needed to support the exemption as outlined in Section 3.3. G. Concept Plan. A concept plan is an optional, voluntary application that may be filed before a sketch, preliminary or site plan application to obtain advice concerning a proposed development project from the Development Review Committee (DRC). 1. Application. Each application for a concept plan must include an application form, a narrative statement from the applicant, or the applicant’s representative, that identifies the aspects of the proposed development on which advice is being sought, and sufficient information on accompanying plan drawings to show existing conditions and the extent of proposed development. 2. Referral of the application. Immediately after accepting the application, the Director must send a copy to the DRC reviewing agencies for their comments concerning the plan. 3. Review. The application must be scheduled for discussion at the next available DRC meeting after acceptance. Planning Department staff must prepare a summary of the DRC comments and provide it to the applicant within two weeks from the DRC meeting. (Legislative History: Council Res. No. 18-879)

These regulations establish procedures for filing requests with Montgomery County for the inspection and copying of records under the Maryland Public Information Act. It is the County's policy to facilitate access to its public records by minimizing costs and time delays to persons requesting inspection of public records. These regulations must be interpreted consistent with the Act and, in case of conflict, the Act governs. These regulations are not intended to create any legal rights for any person beyond those in the Act. The following agencies will comply with this regulation, subject to modification by Council resolution: County Council, Board of Appeals, Merit System Protection Board, Office of Hearing Examiner, Inspector General, Office of Legislative Oversight, and People's Counsel. A. “Act” or “Maryland Public Information Act” means Md. Code Ann., State Gov't §§ 10-611 through 10-628 (2000), as amended. B. “Applicant” means a person requesting disclosure of a public record. C. “Department” means any organizational unit in the Executive branch of the County government, including a Department, Office, Authority, Agency, Board, Committee or Commission responding to a request under the Act. D. “Custodian” means an authorized Department employee having personal custody and control of public records of the Department. E. “Official Custodian” means the person who is responsible for the maintenance, care, and keeping of the Department's public records. Unless otherwise provided by law, the Department Director is the official custodian of the Department's records. F. “Public record” or “record” means the original or any copy of any documentary material, regardless of physical form or characteristics, made or received in connection with the transaction of public business. G. “Director” means the Director, Executive Director, Agency Head, Chair or other person in charge of the Department, including a designee. H. “Working day” means a day other than Saturday, Sunday, or County holiday. Any person may request to inspect or copy any Department's public records. The custodian must refer a request to the County Attorney's Office if the custodian knows that the applicant is a party (or acting on behalf of a party) in litigation with either the County or a County employee. A. Inspections. (1) Except as otherwise provided in this regulation, the custodian should generally make public records available for inspection by an applicant without demanding a written request. (2) The custodian must require a written request if the custodian reasonably believes that the Act, or any other law, may prevent the disclosure of the record to the applicant; that a written request will materially assist the Department in responding to the request; or that the request may involve substantial cost or time in making the records available. B. Copies. If the applicant requests a copy of any public record, the custodian may require a written request from that applicant. A written request must reasonably identify the record sought. The request must include the applicant's name, address, and telephone number. If the request is unclear or unreasonably broad, the custodian may ask the applicant to clarify or, if possible, narrow the request. If the requested record would be available to a “person in interest” under the Act, the custodian may ask the applicant to provide information to determine if the applicant is a person in interest. The applicant must address the written request to the record's custodian or official custodian. If the applicant does not know either the custodian's or the official custodian's name, the applicant may address the request to the Director of the Department that has custody of the record. A. If the custodian grants a written request for inspection, the custodian must produce the record for inspection immediately or, where a period of time is needed to retrieve the information, within a reasonable period of time not to exceed 30 days from the date of the request. B. Any denial of a request must be done within 30 days of receipt of the written request. Any decision for denial must be reviewed by the County Attorney's Office before it is sent to the applicant. Within 10 working days of a denial, the custodian must also provide the applicant with a written statement containing the reasons for the denial, the legal authority for the denial, and notice of any remedies under the Act for review of the denial. C. If a requested public record is not in the custody or control of the person to whom written application is made, that person must so notify the applicant within 10 working days of receipt of the request. That person must also provide the applicant the name of the custodian of the record or the location or possible location of the record, if known. D. With the consent of the applicant, the custodian may extend any time limit imposed by this section for an additional 30 days. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a public record in response to a request for inspection or copying. If the custodian decides to solicit the views of any affected person, the custodian may consider those views before deciding whether to disclose the record to the applicant. If the custodian decides to disclose a record contrary to the request of that person, the custodian may first provide that person an opportunity to file an appropriate action to prevent the disclosure. If the custodian denies a written request, the applicant may file an appropriate action in the circuit court under § 10-623 of the Act. If, in the opinion of the official custodian, disclosure of a public record that the custodian must otherwise disclose under the Act would do substantial injury to the public interest, the official custodian, after conferring with the County Attorney’s Office, may temporarily deny the request in writing and apply within 10 working days of the denial to the circuit court for an order permitting continued denial or restriction of access. A. The following schedule governs the fees for copying and certifying records. The Executive may amend these fees by regulations issued under method 3. (1) Copies. The fee for each copy is $.15 per page (letter or legal size) if reproduction is made by as photocopying machine within the Department. Larger documents (up to computer printout dimensions) are $1.00 per page. Large size plans are $2.00 per page. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies must be based on the actual cost of reproduction. (2) Certification of Copies. If a person requests that the custodian certify a copy of a record as a true copy, the custodian may charge an additional fee of $1.00 per page, or if appropriate, $1.00 per item. (3) Minimum Fee Charged. The custodian must not charge a fee if the total amount of the fee would be $1.00 or less. B. Notwithstanding subsection (A), if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the custodian must charge the prescribed fee. C. If the custodian is unable to copy a record within the Department, the custodian must make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian either must collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy. D. Except as provided in subsection (E), the official custodian may charge reasonable fees for the time expended searching for requested records and preparing them for inspection and copying. This fee should be related to the custodian's actual cost (for example, the cost of any outside contractor employed, or the hourly rate of any employee assigned, to do the work) and may include the cost of any actions taken under Misc. 01.08. E. The official custodian may not charge any search or preparation fee for the first two hours of time that is needed to respond to a request for information. F. Before responding to a request, the custodian may estimate the search, preparation and reproduction costs and either obtain the written agreement of the applicant to pay the cost or demand prepayment of the estimated fee. G. Upon written request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian must consider, among other relevant factors, the ability of the applicant to pay the cost or fee. H. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant. The applicant may inspect any public record that the applicant is entitled to inspect during the Department's normal working hours. The applicant must inspect the records where they are maintained unless the custodian, after taking into account the applicant's request to inspect the records at another location, determines that another place of inspection is more suitable and convenient.

The purpose of the Glenmont Enterprise Zone is to: 1.1 Encourage new businesses, capital investments and redevelopment opportunities in Glenmont 1.2 Realize the vision for Glenmont as described in the community-based Sector Plan 1.3 Improve the economic health, sustainability and quality of life in Glenmont 1.4 Encourage existing Glenmont businesses to expand 1.5 Increase employment opportunities for Glenmont residents 1.6 Raise family incomes and property values in Glenmont 1.7 Leverage the existing and planned public infrastructure and amenities, in order to entice private investment and new job creation 1.8 Remove barriers that impede economic development 1.9 Promote environmental sustainability in Glenmont 2.1 These policies and procedures apply to all property owners and employers located within the boundaries of the Glenmont Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period in which the Zone is in effect. 3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director’s designee. 3.2 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment. 3.3 Certificate of Occupancy. The permit to occupy a building in Montgomery County, issued by the Department of Permitting Services. 3.4 Economically Disadvantaged Person or People. A person or people certified as such by the Maryland Job Service, Department of Labor, Licensing and Regulation. 3.5 Employment Tax Credit. The credit on income tax that may be allowed for new Maryland employees hired in the Zone. 3.6 Enterprise Zone Program. The administration, policies and procedures established pursuant to Article 83A, Sections 5-401 et seq. the application filed April 15, 2013 by the County to the State of Maryland, and these Executive Regulations for determination and certification of eligible property owners and employers to receive applicable tax credits in accordance with the requirements for eligibility set forth herein for the Glenmont Enterprise Zone. 3.7 Minimum Qualifying Capital Investment. In accordance with Section 6.2.2.2 through Section 6.2.2.4, the minimum amount of property improvement that will qualify for real property tax credit. 3.8 Property Tax Credit. The credit that may be allowed on the increased assessment subsequent to capital investment in property in the Zone. 3.9 Glenmont Enterprise Zone. Referred to herein as the Zone, certain sections of the Glenmont neighborhood, including the Glenmont Metro Center, the Glenmont Shopping Plaza, Privacy World, portions of Randolph Road, Georgia Avenue, Layhill Road and Glenallen Avenue, shown in the attached Figure 1 of the Montgomery County Enterprise Zone Application, dated April 15, 2013, and designated as such by the State of Maryland on June 15, 2013. The Zone boundary is also shown on the attached map. 3.10 Glenmont Sector Plan. The Draft Glenmont Sector Plan, which will amend the Approved and Adopted 1997 Sector Plan for Glenmont Transit Impact Area and Vicinity. 3.11 North American Industrial Classification System (NAICS) Code. The system generally used to classify commercial establishments by type of business in which they are engaged. 4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include: 4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Enterprise Zone Program. 4.1.2 Notifying the State Department of Assessment and Taxation and the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Enterprise Zone Program. 4.1.3 Providing certification to the applicant of eligibility for income tax credits in accordance with the Enterprise Zone Program within 60 days of the receipt of application. It is the responsibility of the applicant to file this certification of eligibility when filing the appropriate income tax form with the State. 4.1.4 Submitting an Annual Report to the Maryland Department of Business and Economic Development (MDBED) by January 15 of the calendar year following adoption of these Executive Regulations and each subsequent January 15, thereafter, so long as the Enterprise Zone Program is in effect. The Annual Report will be sent to the Montgomery County Council. 4.1.5 Acting as the principal point of contact between the public and the State of Maryland with respect to questions concerning the Enterprise Zone Program. 4.1.6 Developing applications for tax credits in the Zone. 4.1.7 Preparing a short fact sheet describing the Enterprise Zone and its benefits to business. 4.2 Application and Reporting Requirements. Property owners and/or businesses must complete separate applications for, and report annually on, property tax credits and employment tax credits on forms provided by the Administrator. The application(s) must provide evidence that all State and local qualification standards have been met. At a minimum, the application(s) must contain the following information: 4.2.1 Name and address of the business/property owner, type of business (corporation, partnership, etc.), and NAICS code. 4.2.2 For the employment tax credit, the previous address of the business, and number of employees at the previous address if moving into the zone from another location. 4.2.3 For the employment tax credit, the total employment and verification of increases in employment wages paid for new jobs created in the Zone. The applicant may be asked to provide payroll documentation and employee time sheets for the period for which the tax credit is being applied or any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.4 For the property tax credit, a description and date of completion of the improvement, certification of the costs of the new construction or renovations and the party responsible for payment thereof, a copy of Certificate of Occupancy if the area being improved is presently occupied, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.5 Property owners seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property’s eligibility by December 31 of the preceding year. A property owner may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the Minimum Qualifying Capital Investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the Minimum Qualifying Capital Investment is completed. 4.2.6 Property owners receiving property tax credit must provide notice to the Administrator, on a form provided by the Administrator, of the dollar value of the tax credit, and provide notice of same to any tenant or other third party responsible for direct payment or reimbursement to the property owner for payment of such tax within 30 days of payment of property taxes for the tax year in which credit is applied. 4.2.7 A business seeking a personal property tax credit must apply for certification at least 30 days before the personal property tax return is due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. 4.2.8 A business seeking employment tax credit must apply for certification at least 30 days before the income taxes for which a credit is being applied are due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. A copy of the Certificate(s) of Occupancy for the premises must accompany this form. Businesses receiving employment tax credit must provide notice of the tax credit, number of employees, and total wages paid for which the credit has been taken, to the Administrator, on a form provided by the Administrator, by December 10 of the tax year for which the credit is received. 4.2.9 Failure to submit information required in this section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the local and State Enterprise Zone requirements may result in decertification of eligibility for tax credit. 5.1 Property owners and businesses currently located within the boundaries of the Zone, or new businesses that locate there, must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general conditions must be met: 5.1.1 The business activity conducted on the property must constitute a legal use of the property. 5.1.2 The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes. 5.2 Any business entity located in the Zone before June 15, 2013 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment or expansion of its labor force occurring after June 15, 2013. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment. 5.3 Property tax credits do not apply to Parking District Taxes and Urban District Taxes. 5.4 Location in the Zone or certification of eligibility for tax credit does not relieve property owners or businesses from building codes, zoning requirements and other regulations applicable to the property or business. 5.5 A property tax credit will only be applied against the amount of increase in a property tax assessment that results from a Minimum Qualifying Capital Investment. 6.1 Employment Tax Credit Qualification Standards. Businesses seeking employment tax credits must meet the following requirements: 6.1.1 State Standards: 6.1.1.1 The new employee(s) for which tax credits are sought must have been hired after the business was located in the Zone and after June 15, 2013. If a business relocates from another location in Maryland into the Zone, its base employment remains the same as it was at the previous site. 6.1.1.2 The new employee(s) must have worked in the business for at least 35 hours each week for six months before or during the taxable year for which the credit is taken. 6.1.1.3 The new employee(s) must spend at least half of all work time in the Zone or in an activity related to the Zone. 6.1.1.4 The new employee(s) must have been hired to fill new positions. That is, the firm’s number of full-time employees must increase by the number of credits taken. 6.1.1.5 In order to claim tax credit for hiring economically disadvantaged employees to fill newly created positions, the business must obtain a certification of eligibility for each employee provided by the Maryland Job Service, Department of Labor, Licensing and the economically disadvantaged employee must remain in the business for three years. However, if the disadvantage employee leaves the business and is replaced by another employee who is also qualified as disadvantaged, the business may take the remainder of the credit as if the original employee had remained. 6.1.2 Additional Local Standards: 6.1.2.1 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 35 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents. 6.1.2.2 The business must show an increase in employees of five percent (5%) to a minimum of one (1) new employee. 6.2 Property Tax Credit Qualification Standards. Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a Minimum Qualifying Capital Investment in property in the Zone. Property owners seeking property tax credits must meet the following requirements: 6.2.1 State Standards. The tax credit is granted on whole taxable years only. A property owner will have to pay any partial-year levy tax bills should the property improvement be assessed as complete before July 1 of the first year of eligibility. The property owner will then receive the tax credit for ten full years. Tax credits will be calculated in accordance with Md. Code Ann., Tax-Prop. § 9-103. 6.2.2 Additional Local Standards. 6.2.2.1 Property owners must make a Minimum Qualifying Capital Investment in the property through sources other than government grants. A Minimum Qualifying Capital Investment may include improvements made with funds obtained through government loan programs. 6.2.2.2 The Minimum Qualifying Capital Investment is ten dollars ($10) per square foot of building floor area improved, and at least 20 percent of the total building floor area must be improved. 6.2.2.3 The Minimum Qualifying Capital Investment may include off-site improvements in energy efficient infrastructure, storm-water management, streetscape improvements, and other sustainable and energy efficient design. 6.2.2.4 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of the new building construction or improvement of an existing building.

The purpose of the Burtonsville Enterprise Zone is to: 1.1 Encourage new businesses, capital investments and redevelopment opportunities in Burtonsville 1.2 Realize the vision for Burtonsville as described in the Burtonsville Crossroads Neighborhood Plan 1.3 Improve the economic health, sustainability and quality of life in Burtonsville 1.4 Encourage existing Burtonsville businesses to expand 1.5 Increase employment opportunities for Burtonsville residents 1.6 Raise family incomes and property values in Burtonsville 1.7 Remove barriers that impede economic development 1.8 Promote environmental sustainability in Burtonsville 2.1 These policies and procedures apply to all business entities located within the boundaries of the Burtonsville Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period in which the Zone is in effect. 3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director's designee. 3.2 Base Year. The taxable year immediately before the taxable year in which a credit under this Section is to be granted. 3.3 Base Year Value. The value of the property used to determine the assessment on which the property tax on real property was imposed for the base year. Base year value does not include any new real property that was first assessed in the base year. 3.4 Burtonsville Crossroads Neighborhood Plan. The Burtonsville Crossroads Neighborhood Plan, which was approved by the Montgomery County Council in December 2012. 3.5 Burtonsville Enterprise Zone. Referred to herein as the Zone, properties located within the area encompassed by the Burtonsville Crossroads Neighborhood Plan. 3.6 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment. 3.7 Certificate of Occupancy. The permit to occupy a building in Montgomery County, issued by the Department of Permitting Services. 3.8 Eligible Assessment. The difference between the base year value and the actual value as determined by the Department for the applicable taxable year in which the tax credit under this Section is to be granted. 3.9 Eligible Business Entity. A person who operates or conducts a trade or businesses on qualified enterprise zone property but does not own the qualified zone property. 3.10 Enterprise Zone Program. The administration, policies and procedures established pursuant to Chapter 134 (House Bill 675), and County Council Resolution No. 30-13, and these Executive Regulations, which set forth the eligibility requirements for the applicable tax credits. 3.11 Minimum Qualifying Capital Investment. In accordance with Section 6, the minimum amount of property improvement that will qualify for real property tax credit. 3.12 North American Industrial Classification System (NAICS) Code. The system generally used to classify commercial establishments by type of business in which they are engaged. 3.13 Property Tax Credit. The credit that may be allowed on the increased assessment subsequent to capital investment in property in the Zone. 3.14 Qualified Property. Real property that is: 3.14.1 located within the area encompassed by the Burtonsville Crossroads Neighborhood Plan developed by the Montgomery County Planning Department; 3.14.2 zoned for commercial or commercial/residential mixed use development and is used for a commercial purpose; and 3.14.3 improved after March 18, 2014 and before January 1, 2020. 3.15 Tax-Property Article. The Tax-Property Article of the Maryland Code. 4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include: 4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Program. 4.1.2 Notifying the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Program. 4.1.3 Preparing an Annual Report by January 15 of the calendar year following adoption of these Executive Regulations and each subsequent January 15, thereafter, so long as the Program is in effect. The Annual Report will be sent to the Montgomery County Council. Acting as the principal point of contact between the public and Montgomery County with respect to questions about the Program. 4.1.4 Developing applications for tax credits in the Zone. 4.1.5 Marketing and promoting the Zone to businesses. 4.2 Application and Reporting Requirements. Business entities must complete an application for, and report annually on, their property tax credits. The forms will be provided by the Administrator. The application(s) must provide evidence that qualification standards have been met. At a minimum, the application(s) must contain the following information: 4.2.1 Name and address of the business, type of business (corporation, partnership, etc.), and NAICS code. 4.2.2 A description and date of completion of the improvement, certification of the costs of the new construction or renovations and the party responsible for payment thereof, a copy of Certificate of Occupancy if the area being improved is presently occupied, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations. 4.2.3 Business entities seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property's eligibility by December 31 of the preceding year. A business entity may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the Minimum Qualifying Capital Investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the Minimum Qualifying Capital Investment is completed. 4.2.4 Business entities receiving property tax credit must use a form provided by the Administrator to report the dollar value of the tax credit. This form should also be provided to the landlord within 30 days of payment of the property taxes. 4.2.5 Failure to submit information required in this section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the requirements may result in decertification of eligibility for tax credit. 5.1 Businesses currently located within the boundaries of the Zone, or new businesses that locate there, must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general conditions must be met: 5.1.1 The business activity conducted on the property must constitute a legal use of the property. 5.1.2 The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes. 5.2 Any business entity located in the Zone before March 18, 2014 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment occurring after March 18, 2014. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment. 5.3 Property tax credits do not apply to Parking District Taxes and Urban District Taxes. 5.4 Location in the Zone or certification of eligibility for tax credit does not relieve businesses from building codes, zoning requirements and other regulations applicable to the property or business. 5.5 A property tax credit will only be applied against the amount of increase in a property tax assessment that results from a Minimum Qualifying Capital Investment. 6.1 Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a Minimum Qualifying Capital Investment in property in the Zone. Businesses seeking property tax credits must meet the following requirements: 6.2 The tax credit is granted on whole taxable years only. A business will have to pay any partial-year levy tax bills should the property improvement be assessed as complete before July 1 of the first year of eligibility. The business will then receive the tax credit for five full years. Tax credits will be calculated in accordance with MD. CODE ANN., TAX-PROP. § 9-103. 6.3 Businesses must make a Minimum Qualifying Capital Investment in the property through sources other than government grants. A Minimum Qualifying Capital Investment may include improvements made with funds obtained through government loan programs. 6.4 The Minimum Qualifying Capital Investment is ten dollars ($10) per square foot of building floor area improved, and at least 20 percent of the total building floor area must be improved. 6.5 If the property consists of a commercial/residential mixed use development, the Department will allocate the eligible assessment to the nonresidential part of the qualified property at the same percentage as the square footages of the nonresidential part is to the total square footage of the building. 6.6 For purposes of calculating the amount of the credit allowed, the amount of the property tax imposed on the eligible assessment will be calculated by the Department without reduction for any credits allowed under the Tax-Property Article. 6.7 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of the new building construction or improvement of an existing building.