LAWRENCE J. HOGAN, JR., Governor Ch. 95
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Chapter 95
(Senate Bill 489)
AN ACT concerning
Queen Anne’s County – Public Safety – Buildings Used for Agritourism
FOR the purpose of adding Queen Anne’s County to the list of counties that exempt
agricultural buildings used for agritourism from certain building performance
standards; exempting a building used for agritourism in Queen Anne’s County from
a certain permit requirement under certain circumstances; and generally relating to
buildings used for agritourism in Queen Anne’s County.
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 12–508
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
12–508.
(a) (1) In this section, “agricultural building” means a structure designed and
constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural
products.
(2) “Agricultural building” does not include a place of human residence.
(b) This section applies only to:
(1) Allegany County, Anne Arundel County, Baltimore County, Calvert
County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick
County, Garrett County, Harford County, Howard County, Kent County, Montgomery
County, Prince George’s County, QUEEN ANNE’S COUNTY, St. Mary’s County, Somerset
County, and Talbot County; or
(2) a county where the local legislative body has approved the application
of this section to the county.
(c) The Standards do not apply to the construction, alteration, or modification of
an agricultural building for which agritourism is an intended subordinate use.
Ch. 95 2022 LAWS OF MARYLAND
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(d) Except as provided in subsection (e) and (f) of this section, an existing
agricultural building used for agritourism is not considered a change of occupancy that
requires a building permit if the subordinate use of agritourism:
(1) is in accordance with limitations set forth in regulations adopted by the
Department;
(2) occupies only levels of the building on which a ground level exit is
located; and
(3) does not require more than 50 people to occupy an individual building
at any one time.
(e) In Allegany County, Anne Arundel County, Baltimore County, Calvert
County, Carroll County, Cecil County, Garrett County, Howard County, Kent County,
Prince George’s County, QUEEN ANNE’S COUNTY, and St. Mary’s County, an existing
agricultural building used for agritourism is not considered a change of occupancy that
requires a building permit if:
(1) the subordinate use of agritourism does not require more than 200
people to occupy an individual building at any one time; and
(2) the total width of means of egress meets or exceeds the International
Building Code standard that applies to egress components other than stairways in a
building without a sprinkler system.
(f) (1) In Montgomery County, an existing agricultural building used for
agritourism is not considered a change of occupancy that requires a building permit as
provided in this subsection.
(2) Except as provided in paragraph (3) of this subsection, if the
subordinate use of agritourism does not require more than 50 people to occupy an individual
building at any one time, then that use must be:
(i) in accordance with limitations established by the Department;
and
(ii) limited to levels of the building on which a ground level exit is
located.
(3) If the subordinate use of agritourism requires more than 50 people but
fewer than 100 people to occupy an individual building at any one time, then that use must
be:
(i) in accordance with the requirements in paragraph (2) of this
subsection; and LAWRENCE J. HOGAN, JR., Governor Ch. 95
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(ii) the total width and number of means of egress must meet or
exceed the International Building Code standard that applies to egress components other
than stairways in a building without a sprinkler system.
(g) An agricultural building used for agritourism:
(1) shall be structurally sound and in good repair; but
(2) need not comply with:
(i) requirements for bathrooms, sprinkler systems, and elevators set
forth in the Standards; or
(ii) any other requirements of the Standards or other building codes
as set forth in regulations adopted by the Department.
(h) The Department shall adopt regulations to implement this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 2022.
Approved by the Governor, April 12, 2022.