EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0489*
SENATE BILL 489
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By: Senator Hershey
Introduced and read first time: January 27, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Queen Anne’s County – Public Safety – Buildings Used for Agritourism 2
FOR the purpose of adding Queen Anne’s County to the list of counties that exempt 3
agricultural buildings used for agritourism from certain building performance 4
standards; exempting a building used for agritourism in Queen Anne’s County from 5
a certain permit requirement under certain circumstances; and generally relating to 6
buildings used for agritourism in Queen Anne’s County. 7
BY repealing and reenacting, with amendments, 8
Article – Public Safety 9
Section 12–508 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Public Safety 15
12–508. 16
(a) (1) In this section, “agricultural building” means a structure designed and 17
constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural 18
products. 19
(2) “Agricultural building” does not include a place of human residence. 20
(b) This section applies only to: 21
(1) Allegany County, Anne Arundel County, Baltimore County, Calvert 22
County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick 23 2 SENATE BILL 489
County, Garrett County, Harford County, Howard County, Kent County, Montgomery 1
County, Prince George’s County, QUEEN ANNE’S COUNTY, St. Mary’s County, Somerset 2
County, and Talbot County; or 3
(2) a county where the local legislative body has approved the application 4
of this section to the county. 5
(c) The Standards do not apply to the construction, alteration, or modification of 6
an agricultural building for which agritourism is an intended subordinate use. 7
(d) Except as provided in subsection (e) and (f) of this section, an existing 8
agricultural building used for agritourism is not considered a change of occupancy that 9
requires a building permit if the subordinate use of agritourism: 10
(1) is in accordance with limitations set forth in regulations adopted by the 11
Department; 12
(2) occupies only levels of the building on which a ground level exit is 13
located; and 14
(3) does not require more than 50 people to occupy an individual building 15
at any one time. 16
(e) In Allegany County, Anne Arundel County, Baltimore County, Calvert 17
County, Carroll County, Cecil County, Garrett County, Howard County, Kent County, 18
Prince George’s County, QUEEN ANNE’S COUNTY, and St. Mary’s County, an existing 19
agricultural building used for agritourism is not considered a change of occupancy that 20
requires a building permit if: 21
(1) the subordinate use of agritourism does not require more than 200 22
people to occupy an individual building at any one time; and 23
(2) the total width of means of egress meets or exceeds the International 24
Building Code standard that applies to egress components other than stairways in a 25
building without a sprinkler system. 26
(f) (1) In Montgomery County, an existing agricultural building used for 27
agritourism is not considered a change of occupancy that requires a building permit as 28
provided in this subsection. 29
(2) Except as provided in paragraph (3) of this subsection, if the 30
subordinate use of agritourism does not require more than 50 people to occupy an individual 31
building at any one time, then that use must be: 32
(i) in accordance with limitations established by the Department; 33
and 34
SENATE BILL 489 3
(ii) limited to levels of the building on which a ground level exit is 1
located. 2
(3) If the subordinate use of agritourism requires more than 50 people but 3
fewer than 100 people to occupy an individual building at any one time, then that use must 4
be: 5
(i) in accordance with the requirements in paragraph (2) of this 6
subsection; and 7
(ii) the total width and number of means of egress must meet or 8
exceed the International Building Code standard that applies to egress components other 9
than stairways in a building without a sprinkler system. 10
(g) An agricultural building used for agritourism: 11
(1) shall be structurally sound and in good repair; but 12
(2) need not comply with: 13
(i) requirements for bathrooms, sprinkler systems, and elevators set 14
forth in the Standards; or 15
(ii) any other requirements of the Standards or other building codes 16
as set forth in regulations adopted by the Department. 17
(h) The Department shall adopt regulations to implement this section. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20