MD
Maryland Senate Bill SB489

Maryland 2022 Regular Session

Maryland Senate Bill SB489 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 95
21
3-– 1 –
4-Chapter 95
5-(Senate Bill 489)
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+ *sb0489*
89
9-Queen Anne’s County – Public Safety – Buildings Used for Agritourism
10+SENATE BILL 489
11+L1, E4 2lr2181
12+ CF HB 586
13+By: Senator Hershey
14+Introduced and read first time: January 27, 2022
15+Assigned to: Education, Health, and Environmental Affairs
16+Committee Report: Favorable
17+Senate action: Adopted with floor amendments
18+Read second time: February 17, 2022
1019
11-FOR the purpose of adding Queen Anne’s County to the list of counties that exempt
12-agricultural buildings used for agritourism from certain building performance
13-standards; exempting a building used for agritourism in Queen Anne’s County from
14-a certain permit requirement under certain circumstances; and generally relating to
15-buildings used for agritourism in Queen Anne’s County.
20+CHAPTER ______
1621
17-BY repealing and reenacting, with amendments,
18- Article – Public Safety
19-Section 12–508
20- Annotated Code of Maryland
21- (2018 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2223
23- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24-That the Laws of Maryland read as follows:
24+Queen Anne’s County – Public Safety – Buildings Used for Agritourism 2
2525
26-Article – Public Safety
26+FOR the purpose of adding Queen Anne’s County to the list of counties that exempt 3
27+agricultural buildings used for agritourism from certain building performance 4
28+standards; exempting a building used for agritourism in Queen Anne’s County from 5
29+a certain permit requirement under certain circumstances; and generally relating to 6
30+buildings used for agritourism in Queen Anne’s County. 7
2731
28-12–508.
32+BY repealing and reenacting, with amendments, 8
33+ Article – Public Safety 9
34+Section 12–508 10
35+ Annotated Code of Maryland 11
36+ (2018 Replacement Volume and 2021 Supplement) 12
2937
30- (a) (1) In this section, “agricultural building” means a structure designed and
31-constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural
32-products.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
39+That the Laws of Maryland read as follows: 14
3340
34- (2) “Agricultural building” does not include a place of human residence.
41+Article – Public Safety 15
3542
36- (b) This section applies only to:
43+12–508. 16
3744
38- (1) Allegany County, Anne Arundel County, Baltimore County, Calvert
39-County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick
40-County, Garrett County, Harford County, Howard County, Kent County, Montgomery
41-County, Prince George’s County, QUEEN ANNE’S COUNTY, St. Mary’s County, Somerset
42-County, and Talbot County; or
45+ (a) (1) In this section, “agricultural building” means a structure designed and 17
46+constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural 18
47+products. 19
48+ 2 SENATE BILL 489
4349
44- (2) a county where the local legislative body has approved the application
45-of this section to the county.
4650
47- (c) The Standards do not apply to the construction, alteration, or modification of
48-an agricultural building for which agritourism is an intended subordinate use.
49- Ch. 95 2022 LAWS OF MARYLAND
51+ (2) “Agricultural building” does not include a place of human residence. 1
5052
51-– 2 –
52- (d) Except as provided in subsection (e) and (f) of this section, an existing
53-agricultural building used for agritourism is not considered a change of occupancy that
54-requires a building permit if the subordinate use of agritourism:
53+ (b) This section applies only to: 2
5554
56- (1) is in accordance with limitations set forth in regulations adopted by the
57-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, QUEEN ANNE’S COUNTY, St. Mary’s County, Somerset 6
59+County, and Talbot County; or 7
5860
59- (2) occupies only levels of the building on which a ground level exit is
60-located; and
61+ (2) a county where the local legislative body has approved the application 8
62+of this section to the county. 9
6163
62- (3) does not require more than 50 people to occupy an individual building
63-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
6466
65- (e) In Allegany County, Anne Arundel County, Baltimore County, Calvert
66-County, Carroll County, Cecil County, Garrett County, Howard County, Kent County,
67-Prince George’s County, QUEEN ANNE’S COUNTY, and St. Mary’s County, an existing
68-agricultural building used for agritourism is not considered a change of occupancy that
69-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
7070
71- (1) the subordinate use of agritourism does not require more than 200
72-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
7373
74- (2) the total width of means of egress meets or exceeds the International
75-Building Code standard that applies to egress components other than stairways in a
76-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
7776
78- (f) (1) In Montgomery County, an existing agricultural building used for
79-agritourism is not considered a change of occupancy that requires a building permit as
80-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
8179
82- (2) Except as provided in paragraph (3) of this subsection, if the
83-subordinate use of agritourism does not require more than 50 people to occupy an individual
84-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, QUEEN ANNE’S COUNTY, and St. Mary’s 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
8585
86- (i) in accordance with limitations established by the Department;
87-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
8888
89- (ii) limited to levels of the building on which a ground level exit is
90-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
9192
92- (3) If the subordinate use of agritourism requires more than 50 people but
93-fewer than 100 people to occupy an individual building at any one time, then that use must
94-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 489 3
9597
96- (i) in accordance with the requirements in paragraph (2) of this
97-subsection; and LAWRENCE J. HOGAN, JR., Governor Ch. 95
9898
99-– 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
100102
101- (ii) the total width and number of means of egress must meet or
102-exceed the International Building Code standard that applies to egress components other
103-than stairways in a building without a sprinkler system.
103+ (i) in accordance with limitations established by the Department; 4
104+and 5
104105
105- (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
106108
107- (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
108112
109- (2) need not comply with:
113+ (i) in accordance with the requirements in paragraph (2) of this 11
114+subsection; and 12
110115
111- (i) requirements for bathrooms, sprinkler systems, and elevators set
112-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
113119
114- (ii) any other requirements of the Standards or other building codes
115-as set forth in regulations adopted by the Department.
120+ (g) An agricultural building used for agritourism: 16
116121
117- (h) The Department shall adopt regulations to implement this section.
122+ (1) shall be structurally sound and in good repair; but 17
118123
119- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
120-October June 1, 2022.
124+ (2) need not comply with: 18
121125
122-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+