MD
Maryland Senate Bill SB32

Maryland 2022 Regular Session

Maryland Senate Bill SB32 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 97
21
3-– 1 –
4-Chapter 97
5-(Senate Bill 32)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0032*
89
9-Worcester County – Public Safety – Buildings Used for Agritourism
10+SENATE BILL 32
11+E4, L2, M4 2lr0695
12+ (PRE–FILED) CF HB 12
13+By: Senator Carozza
14+Requested: October 7, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Education, Health, and Environmental Affairs
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 8, 2022
1020
11-FOR the purpose of adding Worcester County to the list of counties where an existing
12-agricultural building used for agritourism is not considered a change of occupancy
13-that requires a building permit under certain circumstances; and generally relating
14-to buildings used for agritourism in Worcester County.
21+CHAPTER ______
1522
16-BY repealing and reenacting, with amendments,
17- Article – Public Safety
18-Section 12–508
19- Annotated Code of Maryland
20- (2018 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2124
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
25+Worcester County – Public Safety – Buildings Used for Agritourism 2
2426
25-Article – Public Safety
27+FOR the purpose of adding Worcester County to the list of counties where an existing 3
28+agricultural building used for agritourism is not considered a change of occupancy 4
29+that requires a building permit under certain circumstances; and generally relating 5
30+to buildings used for agritourism in Worcester County. 6
2631
27-12–508.
32+BY repealing and reenacting, with amendments, 7
33+ Article – Public Safety 8
34+Section 12–508 9
35+ Annotated Code of Maryland 10
36+ (2018 Replacement Volume and 2021 Supplement) 11
2837
29- (a) (1) In this section, “agricultural building” means a structure designed and
30-constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural
31-products.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
39+That the Laws of Maryland read as follows: 13
3240
33- (2) “Agricultural building” does not include a place of human residence.
41+Article – Public Safety 14
3442
35- (b) This section applies only to:
43+12–508. 15
3644
37- (1) Allegany County, Anne Arundel County, Baltimore County, Calvert
38-County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick
39-County, Garrett County, Harford County, Howard County, Kent County, Montgomery
40-County, Prince George’s County, St. Mary’s County, Somerset County, and Talbot County;
41-or
45+ (a) (1) In this section, “agricultural building” means a structure designed and 16
46+constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural 17
47+products. 18
48+ 2 SENATE BILL 32
4249
43- (2) a county where the local legislative body has approved the application
44-of this section to the county.
4550
46- (c) The Standards do not apply to the construction, alteration, or modification of
47-an agricultural building for which agritourism is an intended subordinate use.
48- Ch. 97 2022 LAWS OF MARYLAND
51+ (2) “Agricultural building” does not include a place of human residence. 1
4952
50-– 2 –
51- (d) Except as provided in subsection (e) and (f) of this section, an existing
52-agricultural building used for agritourism is not considered a change of occupancy that
53-requires a building permit if the subordinate use of agritourism:
53+ (b) This section applies only to: 2
5454
55- (1) is in accordance with limitations set forth in regulations adopted by the
56-Department;
55+ (1) Allegany County, Anne Arundel County, Baltimore County, Calvert 3
56+County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick 4
57+County, Garrett County, Harford County, Howard County, Kent County, Montgomery 5
58+County, Prince George’s County, St. Mary’s County, Somerset County, and Talbot County; 6
59+or 7
5760
58- (2) occupies only levels of the building on which a ground level exit is
59-located; and
61+ (2) a county where the local legislative body has approved the application 8
62+of this section to the county. 9
6063
61- (3) does not require more than 50 people to occupy an individual building
62-at any one time.
64+ (c) The Standards do not apply to the construction, alteration, or modification of 10
65+an agricultural building for which agritourism is an intended subordinate use. 11
6366
64- (e) In Allegany County, Anne Arundel County, Baltimore County, Calvert
65-County, Carroll County, Cecil County, Garrett County, Howard County, Kent County,
66-Prince George’s County, [and] St. Mary’s County, AND WORCESTER COUNTY, an existing
67-agricultural building used for agritourism is not considered a change of occupancy that
68-requires a building permit if:
67+ (d) Except as provided in subsection (e) and (f) of this section, an existing 12
68+agricultural building used for agritourism is not considered a change of occupancy that 13
69+requires a building permit if the subordinate use of agritourism: 14
6970
70- (1) the subordinate use of agritourism does not require more than 200
71-people to occupy an individual building at any one time; and
71+ (1) is in accordance with limitations set forth in regulations adopted by the 15
72+Department; 16
7273
73- (2) the total width of means of egress meets or exceeds the International
74-Building Code standard that applies to egress components other than stairways in a
75-building without a sprinkler system.
74+ (2) occupies only levels of the building on which a ground level exit is 17
75+located; and 18
7676
77- (f) (1) In Montgomery County, an existing agricultural building used for
78-agritourism is not considered a change of occupancy that requires a building permit as
79-provided in this subsection.
77+ (3) does not require more than 50 people to occupy an individual building 19
78+at any one time. 20
8079
81- (2) Except as provided in paragraph (3) of this subsection, if the
82-subordinate use of agritourism does not require more than 50 people to occupy an individual
83-building at any one time, then that use must be:
80+ (e) In Allegany County, Anne Arundel County, Baltimore County, Calvert 21
81+County, Carroll County, Cecil County, Garrett County, Howard County, Kent County, 22
82+Prince George’s County, [and] St. Mary’s County, AND WORCESTER COUNTY, an existing 23
83+agricultural building used for agritourism is not considered a change of occupancy that 24
84+requires a building permit if: 25
8485
85- (i) in accordance with limitations established by the Department;
86-and
86+ (1) the subordinate use of agritourism does not require more than 200 26
87+people to occupy an individual building at any one time; and 27
8788
88- (ii) limited to levels of the building on which a ground level exit is
89-located.
89+ (2) the total width of means of egress meets or exceeds the International 28
90+Building Code standard that applies to egress components other than stairways in a 29
91+building without a sprinkler system. 30
9092
91- (3) If the subordinate use of agritourism requires more than 50 people but
92-fewer than 100 people to occupy an individual building at any one time, then that use must
93-be:
93+ (f) (1) In Montgomery County, an existing agricultural building used for 31
94+agritourism is not considered a change of occupancy that requires a building permit as 32
95+provided in this subsection. 33
96+ SENATE BILL 32 3
9497
95- (i) in accordance with the requirements in paragraph (2) of this
96-subsection; and LAWRENCE J. HOGAN, JR., Governor Ch. 97
9798
98-– 3 –
99+ (2) Except as provided in paragraph (3) of this subsection, if the 1
100+subordinate use of agritourism does not require more than 50 people to occupy an individual 2
101+building at any one time, then that use must be: 3
99102
100- (ii) the total width and number of means of egress must meet or
101-exceed the International Building Code standard that applies to egress components other
102-than stairways in a building without a sprinkler system.
103+ (i) in accordance with limitations established by the Department; 4
104+and 5
103105
104- (g) An agricultural building used for agritourism:
106+ (ii) limited to levels of the building on which a ground level exit is 6
107+located. 7
105108
106- (1) shall be structurally sound and in good repair; but
109+ (3) If the subordinate use of agritourism requires more than 50 people but 8
110+fewer than 100 people to occupy an individual building at any one time, then that use must 9
111+be: 10
107112
108- (2) need not comply with:
113+ (i) in accordance with the requirements in paragraph (2) of this 11
114+subsection; and 12
109115
110- (i) requirements for bathrooms, sprinkler systems, and elevators set
111-forth in the Standards; or
116+ (ii) the total width and number of means of egress must meet or 13
117+exceed the International Building Code standard that applies to egress components other 14
118+than stairways in a building without a sprinkler system. 15
112119
113- (ii) any other requirements of the Standards or other building codes
114-as set forth in regulations adopted by the Department.
120+ (g) An agricultural building used for agritourism: 16
115121
116- (h) The Department shall adopt regulations to implement this section.
122+ (1) shall be structurally sound and in good repair; but 17
117123
118- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
119-October June 1, 2022.
124+ (2) need not comply with: 18
120125
121-Approved by the Governor, April 12, 2022.
126+ (i) requirements for bathrooms, sprinkler systems, and elevators set 19
127+forth in the Standards; or 20
128+
129+ (ii) any other requirements of the Standards or other building codes 21
130+as set forth in regulations adopted by the Department. 22
131+
132+ (h) The Department shall adopt regulations to implement this section. 23
133+
134+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
135+October June 1, 2022. 25
136+