Division 5. Administrative Provisions

The regulations contained in this Subtitle and the provisions of its Divisions jointly construed shall control all matters concerning grading, drainage, and erosion control, and the construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures and their service equipment, and shall apply to existing or proposed buildings and structures in the County, except such matters as are otherwise provided for in the Prince George's County Code, in the rules and regulations pertaining to the Washington Suburban Sanitary District as lawfully adopted by the Washington Suburban Sanitary Commission pursuant to the authorities contained in its organic statute, in Subtitle 27 of this Code adopted by the Prince George's County Council sitting as the District Council for that part of the Maryland-Washington Regional District in the County, as the same may from time to time be amended and in all laws having general application in the County under the public general and public local laws of the State, as well as rules and regulations of Maryland State departments or agencies.

All work done under any permit issued under this Subtitle, except as provided in Subsection (i), below, shall be in full prior compliance with Subtitle 27 of this Code, including obtaining a Special Exception for the intended use; the rules and regulations of the Washington Suburban Sanitary Commission, where applicable; the regulations of Subtitle 11, Subtitle 23, Subtitle 25, and any other applicable provisions of the Prince George's County Code; or any other statute, ordinance, or regulation officially and lawfully adopted by State, Bi-County, or County agencies that are applicable in the County.

No building permit shall be issued or granted for any building or structure in Prince George's County to be served by water supply systems or sewerage systems for which service from said system or systems cannot or will not be provided by the estimated completion date of the building or structure for which the permit is requested.

No building permit shall be issued or granted for any building or structure in Prince George's County where the agency having jurisdiction over the provision of water supply or sewerage systems certifies that existing water supply or sewerage systems are inadequate to serve said building or structure, taking into account all other existing developments and developments approved for service by said agency within the service area.

The applicant for the building permit is required to exhibit a copy of an approved Washington Suburban Sanitary Commission House Connection and Plumbing Application or a valid Washington Suburban Sanitary Commission Plumbing Permit for the building or structure for which the building permit is requested. Said documents are to serve as certification by that agency as to the availability and adequacy of the water supply and/or sewerage system. Where the water supply and/or sewerage system is not available but service has been previously authorized by the Commission, the applicant for the building permit is required to submit a separate statement which shall be provided by the Washington Suburban Sanitary Commission specifying the projected date when such water and/or sewerage service can be provided to the proposed use.

The Department of Permitting, Inspections and Enforcement is required at the time a County building permit application is made to provide the municipality in which the building is located a copy of the County building permit application and supporting documents provided no separate building permit is required by the municipality. If the municipality requires a separate building permit, the applicant shall file a municipal building permit application.

The applicant for the building permit is required at the time application is made to indicate his best estimated starting and completion dates of the construction of said building or structure.

The Director or the Director's designee shall make a determination, based on normal construction procedures as evidenced by progress determined from comparable projects, as to the reasonableness of the applicant's estimated completion date for his building or structure. If the Director or the Director's designee determines that the applicant's time estimate is unreasonable, he shall advise the applicant, in writing, as to his reasons for such a determination. The applicant shall then be given the opportunity to either justify his previous estimate or to submit a new estimate. If the Director or the Director's designee still considers the applicant's estimate to be unreasonable, then the applicant shall have recourse to the Board of Appeals for Prince George's County to challenge the Director's or the Director's designee's determination. The Director or the Director's designee shall then compare the estimated completion dates with the dates given for the availability of water supply or sewerage systems to insure that the availability date is not later than the estimated completion date for the building or structure for which the building permits are requested.

The issuance or granting of a building permit is specifically prohibited when the agency having jurisdiction over the provision of water supply or sewerage system is unable to provide an estimated date(s) when such service will be made available.

No building permit shall be issued until such time as provisions have been made and approved for the improvement of adjacent or abutting streets, or provisions for their improvement have been accomplished under the provisions of Subtitle 23, or the regulations of the appropriate municipality when such permit is requested for work to be accomplished within a municipality. The Director or the Director's designee is hereby authorized and directed to assist in the enforcement of such statutes, ordinances, and regulations to the full extent of the powers delegated to him in this Division.

Permits applied for prior to July 1, 1992, for sanitary landfills and for clean earth fills, when not pursuant to an approved plan of development, shall be exempted from compliance with the provisions of Division 2 of Subtitle 25 of this Code.

No building permit shall be recommended for approval by the Planning Board or its authorized representative, or issued by the Department of Permitting, Inspections, and Enforcement, for any building or structure in Prince George's County on a lot or parcel of land that is located within the area of an adopted and approved Area Master Plan which includes a Zoning Proposal that has been prepared pursuant to the provisions of the Zoning Ordinance, or a Sectional Map Amendment which has been transmitted by the Planning Board to the District Council pursuant to the provisions of the Zoning Ordinance, if the lot or parcel is in a nonresidential zone, was proposed by the Planning Board for a less intense zone in which the proposed use is not permitted, and is undeveloped, until final action on the Sectional Map Amendment by the District Council. This Subsection shall not apply to a lot or parcel of land for which a grading permit has been issued by Prince George's County, sediment and erosion control devices have been installed by the permittee, and site grading activities have been initiated by the permittee.

For a project participating in the Department of Permitting, Inspections, and Enforcement's Peer Review Program for Building/Site-Road Permits or Third Party Plan Review Program for Building Permits, as established by the department, all agencies with responsibility relating to the approval of the project's building and/or grading permits, which includes the Department of Permitting, Inspections, and Enforcement, Prince George's County Department of Public Works and Transportation, Prince George's County Health Department, Prince George's County Fire/EMS Department, Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission and Prince George's Soil Conservation District, shall exercise best efforts to ensure the issuance of the building and/or grading permit(s) for the project within fifteen (15) business days of the project's participation in the Peer Review Program or Third Party Plan Review Program. The fifteen business day time frame includes ten (10) business days for the first review cycle and five (5) business days for the second review cycle of every agency involved in the review process as required. This time frame does not include the time required for the design professional and permittee to respond to and address permit plan comments.

An existing building in the C-S-C (Commercial Shopping Center) Zone with an original use and occupancy permit for a food or beverage store issued on or before May 1, 1965, with said use located in a building that was constructed prior to November 29, 1949, for which an off-site sales Class A beer, wine, and liquor license issued by the Board of License Commissioners for Prince George's County pursuant to Title 26 of the Alcoholic Beverages Article of the Annotated Code of Maryland on or before July 1, 2016, shall be permitted to perform interior and exterior renovations related to storage, pursuant to the terms of its Class A license, to improve and/or expand the facility by an area not to exceed twenty percent (20%) of the existing square footage of the current enclosed area and shall not be required to obtain a building permit to make such renovations or improvements.

Procedure: The County Council may exempt, upon specific request, from the requirements of this Subtitle, all grading, buildings, or other structures within the corporate limits of any Prince George's County municipality, with planning and zoning authority, whenever the County Council determines, by resolution, that the building regulations and administrative procedures of said municipality and the enforcement thereof are as adequate and equally effective as the County's building and grading regulations, any other applicable regulations and administrative procedures presently or hereafter enacted. Said exempting resolution may include any conditions, restrictions, or requirements deemed necessary by the County Council. An official copy of any building permit approved and issued, with all attachments, shall be forwarded, within three (3) business days immediately following issuance, to the State Supervisor of Assessments within the County and the Building Official.

Compliance with Zoning Ordinance: Where applicable, permits issued shall comply with zoning laws and shall be referred to the Prince George's County Planning Board for review and recommendations respecting zoning requirements.

Referral: Whenever any municipality, delegated authority under the provisions of this exemption, determines that it lacks the necessary expertise to review an application and issue a permit subsequent thereto, said application shall be referred to the County Building Official for appropriate action. If so referred, compliance shall be had with all applicable provisions of this Subtitle including fee requirements. Administration and enforcement shall be pursuant to this Subtitle.

Upon certification by the Superintendent of Schools that a construction project is a part of an educational program of the Prince George's County Public Schools, the Building Official shall waive any fees that would be otherwise required by this Subtitle.

The Building Official shall waive any fees that would be otherwise required by this Subtitle for any construction project that is undertaken by the Prince George's County Public Schools, Office of Central Services, Department of the Environment, Department of Public Works and Transportation, The Maryland National Capital Park and Planning Commission, Department of Parks and Recreation, Fire and Emergency Medical Services, Redevelopment Authority, Revenue Authority, Homeland Security, and the Prince George's County Community College, Memorial Library, Police Department, and Circuit Court.

The Building Official may waive any fees that would be otherwise required by this Subtitle for any new construction project that is undertaken by a hospital, as defined by Section 12-130(a)(1) of the County Code. The Building Official may require such information as necessary to determine a waiver under this subsection.

Administration and enforcement of this Subtitle shall be by the Department of Permitting, Inspections, and Enforcement, and the executive official in charge thereof shall be known as the Building Official.

The Building Official shall be designated by the Director of Permitting, Inspections, and Enforcement as a classified employee under Subtitle 16, Personnel, of this Code. The Building Official shall, with the approval of the Director of Permitting, Inspections, and Enforcement, designate such number of officers, technical assistants, inspectors, and other employees as shall be necessary for the administration of this Subtitle. The Building Official may designate an employee as his Deputy who shall exercise all the powers of the Building Official during the temporary absence or disability of the Building Official.

The Building Official shall have the power and the duty to enforce the provisions of this Subtitle and all fees provided in this Subtitle shall be paid to the order of Prince George's County. All permits and certificates shall be issued by the Building Official in the name of Prince George's County.

Whenever any work is being done in violation of the provisions of this Subtitle or in variance with the term of any permit issued for such work, the Building Official or his duly authorized representative may order all or part of the work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this Subtitle is corrected. Such "stop work order," if oral, shall be followed by a written "stop work order" within twenty-four (24) hours (excluding Saturday, Sunday, or holidays).

It shall be unlawful to do or perform any work in violation of such "stop work order," except as may be necessary to prevent injury or damage to persons or property.

The "stop work order" shall contain, or be accompanied by, a written notice indicating that there is a right to a hearing before the Building Official or his designee. Such request for a hearing may be filed in writing or in person at the Office of the Building Official. The owner or permittee affected by such "stop work order" shall be entitled to such hearing as quickly as feasible, but at least within twenty-four (24) hours of receipt of such request for hearing by the Building Official. The Building Official, or a designated impartial member of his staff who has or is delegated authority to act, shall afford the owner or permittee a fair hearing with an opportunity to present evidence or testimony that is relevant to the "stop work order." The owner or permittee shall be afforded reasonable notice of the time and place of the hearing at the time of the request in person, or by telephone or other appropriate means if the request is forwarded in writing.

General: No permit to begin work for new construction, alteration, removal, demolition, or other building operation shall be issued until the fees prescribed in the Table of Fees have been paid to Prince George's County, nor shall an amendment or revision to a permit necessitating an additional fee be approved until the additional fee has been paid. The fee for each building permit shall be based on the total construction cost of the building, structure, and/or any other improvement of the property for which such building permit is obtained.

Special Fees: The payment of the fee for construction, alteration, removal, or demolition and for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for water taps, sewer connections, electrical permits, mechanical permits, erection of signs and display structures, marquees, or other appurtenant structures, or fees for inspections, certificates of use and occupancy, or other privileges or requirements, both within and without the jurisdiction of the Department of Permitting, Inspections, and Enforcement.

Planning Board Review Fee: Upon the filing of a permit application required by the Zoning Ordinance to be reviewed by the Prince George's County Planning Board, the applicant shall pay to the Planning Board a fee to help defray the costs related to permit review. The fee for such permit review shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, which shall be collected by the Department of Permitting, Inspections, and Enforcement and remitted to the Planning Board.

New Buildings, Additions, or Enlargements: Permit fees shall be based upon the area as calculated from exterior dimensions of all floors including balconies, mezzanines, basements, cellars and porches, and square foot construction costs set forth in the Building Valuation Data "Type of Construction Factor" published by the International Code Council, corresponding to the appropriate use group and type of construction and a fee multiplier of 0.0080.

Alterations and Repairs on Existing Buildings—No Enlargement: The fee for repairs and alterations of any building or structure shall be as prescribed in the Table of Fees. Proof of the amount of contract may be required prior to issuance of the Building Permit and kept as a permanent record of the permit. Cost estimates shall be computed on the basis of standard construction estimating practices as reflected in the current Mean's Construction Cost Data or equivalent authority.

Townhouses: Permit fees shall be based upon the area (as calculated from exterior dimensions) of all floors including balconies, mezzanines, basements, cellars and porches, specialty items, and square foot construction costs set forth in the Building Valuation Data "Type of Construction Factor" published by the International Code Council, corresponding to the appropriate use group and type of construction and a fee multiplier of 0.0080.

Refunds: Except for stormwater management facilities, in any case where permits have been issued and no work has begun thereunder, the person who has paid the fee for said permit may return said permit for cancellation, and, upon the cancellation thereof, there shall be refunded to him the amount of said fees less the actual expenses (not to exceed fifty percent (50%) of the fee paid, but not less than the filing fee) incident to the issuance of said permit as determined by the Building Official; provided that the application for such refund shall be made within six (6) months after the issuance of said permit, after which time no refund may be made. No filing fee of any kind shall be refunded.

Earnest Payment: Any earnest payment fees in excess of the total amount of the building permit fees shall be refunded to the applicant at the time of building permit issuance. Fees collected for earnest payment pursuant to Section 27-548.08 of the County Code shall be credited toward the total amount of building permit fees required by Prince George's County Codes.

Miscellaneous Building Permit Fees: Beginning with the fiscal year 2009, and every fiscal year thereafter, the Director or the Director's designee shall submit a schedule of miscellaneous permit fees to the County Council for adoption by resolution. The schedule shall specify the amounts of the fees contained in this subsection (i) and may contain other provisions concerning fee administration. The fee adjustments shall reflect, at a minimum, the annual average increase in the Consumer Price Index for all urban consumers published by the United States Department of Labor, for the fiscal year preceding the year for which the amount is being calculated. The permit fees may be adjusted using a method established by the International Code Council's Building Safety Journal at the time of the adjustment, provided that the adjustments meet the minimum requirement stated above. The fees shall be rounded to the nearest Five Dollar increment.

Reserved.

Reserved.

Reserved.

Reserved.

School Facilities Surcharges:

Public Safety Surcharge:

Each County building that is open to the public shall have in place a Code Adam or similar program for the prevention of child abduction. Code Adam is a protocol used as a preventive tool against child abductions and for locating lost children in public buildings.

In this Division the following terms shall have the denoted meanings:

The Director shall create and establish by no later than February 1, 2024, a permit early warning process that will improve the speed, effectiveness, and notification of permitting delays in the County.

By February first (1st) of each year, and more frequently if determined by the Director, the Director shall establish and publish on the Department's website the Projected Maximum Time that a permit approval should occur by permit type. The PMT for a particular type of permit should be based on:

If a permit application approval exceeds the PMT for that permit type, the Director shall be expeditiously notified by a responsible staff member in writing by a method approved by the Director that includes the reason(s) for the permit approval delay beyond its PMT. The Director shall determine in writing what steps need to be taken, if any, to address the reasons for the permit application's delay beyond its PMT.

By March fifteenth (15th) of each year, the Director shall submit a report to the County Council and the County Executive in writing that includes: