5305
MONTGOMERY COUNTY

23A-5. ADMINISTRATION AND ENFORCEMENT OF CHAPTER.

THIS CHAPTER SHALL BE ADMINISTERED AND ENFORCED BY
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.

23A-6. RIGHT-OF-ENTRY OF DEPARTMENTAL PERSONNEL.

THE DIRECTOR OR HIS AUTHORISED REPRESENTATIVES UPON
EXHIBITING PROPER CREDENTIALS OR PROOF OF IDENTITY ON
REQUEST SHALL HAVE THE RIGHT TO ENTER ANY FACILITY
LICENSED IN ACCORDANCE WITH PROVISIONS OF THIS CHAPTER
FOR THE PURPOSE OF INSPECTING ALL SPACES AND AREAS EXCEPT
THE SLEEPING QUARTERS UNLESS THE CONSENT OF THE OCCUPANT
OF SUCH QUARTERS IS FIRST OBTAINED, AT ALL REASONABLE
TIMES AND AT SUCH OTHER TIMES AS MAY BE NECESSARY FOR THE
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS.

23A-7. RULES AND REGULATIONS.

(A)       SUBJECT TO RULES AND REGULATIONS PROMULGATED BY
THE LOCAL BOARD OF HEALTH FOR MONTGOMERY COUNTY AND RULES
AND REGULATIONS OF THE STATE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, THE COUNTY EXECUTIVE MAY ADOPT, AMEND OR
ALTER WRITTEN RULES AND REGULATIONS FOR THIS CHAPTER AND
MAY AT HIS DISCRETION, HOLD PUBLIC HEARINGS AS PART OF
THIS RULE-MAKING PROCEDURE. SUCH RULES AND REGULATIONS
SHALL NOT CONFLICT WITH NOR WAIVE ANY PROVISIONS OF THIS
CHAPTER, BE LESS RESTRICTIVE THAN ITS PROVISIONS NOR
THOSE FOUND IN CHAPTER 26 OF THIS CODE, TITLE "HOUSING
STANDARDS." SUCH RULES AND REGULATIONS AND AMENDMENTS
THERETO SHALL BECOME EFFECTIVE UPON THEIR ADOPTION BY THE
COUNTY EXECUTIVE AND SHALL HAVE THE FORCE AND EFFECT OF
LAW FROM AND AFTER THE 30TH DAY FOLLOWING THEIR ADOPTION,
OR UPON SUCH EARLIER DATE AS MAY BE AFFIXED UPON
DECLARATION OF AN EMERGENCY.

(B)          PROMPTLY FOLLOWING ADOPTION AND PRIOR TO THE
EFFECTIVE DATE, THE COUNTY EXECUTIVE SHALL CAUSE TO BE
PUBLISHED IN THE COUNTY, A BRIEF SUMMARY OF THE RULES OR
REGULATIONS SO ADOPTED, TOGETHER WITH A STATEMENT OF ITS
EFFECTIVE DATE AND OF THE PLACE WHERE A COPY THEREOF MAY
BE OBTAINED. THE REQUIREMENT OF PUBLICATION PRIOR TO THE
EFFECTIVE DATE SHALL NOT APPLY TO RULES AND REGULATIONS
ADOPTED UPON THE DECLARATION OF AN EMERGENCY. A SUMMARY
OF EMERGENCY RULES AND REGULATIONS SHALL BE PUBLISHED
PROMPTLY AFTER THE ADOPTION OF SUCH REGULATIONS.

(C)         IN DETERMINING COMPLIANCE WITH THE STANDARDS
PROVIDED IN THE RULES AND REGULATIONS PROMULGATED
PURSUANT TO AUTHORITY GRANTED HEREIN, THE DIRECTOR SHALL
RESOLVE ANY DOUBT AS TO THE ADEQUACY OF COMPLIANCE IN
FAVOR OF THE RESIDENTS OF THE GROUP RESIDENTIAL FACILITY.

(D)         THE DIRECTOR SHALL HAVE THE AUTHORITY TO WAIVE