WILLIAM DONALD SCHAEFER, Governor                            Ch. 200

(II) IF A MUNICIPALITY ELECTS TO IMPLEMENT AND ENFORCE THE
STANDARDS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COUNTY, IN
WHICH THE MUNICIPALITY IS LOCATED, IS NOT RESPONSIBLE FOR
IMPLEMENTATION AND ENFORCEMENT OF THE STANDARDS WITHIN THE
MUNICIPALITY.

(3)      A COUNTY THAT HAS NOT ADOPTED A BUILDING CODE AS OF
OCTOBER 1, 1992 IS RESPONSIBLE FOR IMPLEMENTATION AND ENFORCEMENT OF
THE MARYLAND BUILDING PERFORMANCE STANDARDS WITHIN THE COUNTY
UNLESS IT ELECTS TO NEGOTIATE WITH A MUNICIPALITY LOCATED WITHIN THE
COUNTY TO HAVE THE MUNICIPALITY IMPLEMENT AND ENFORCE THE STANDARDS
WITHIN THE COUNTY.

(4)      A MUNICIPALITY THAT HAS ADOPTED A BUILDING CODE AS OF
OCTOBER 1, 1992 IS RESPONSIBLE FOR IMPLEMENTATION AND ENFORCEMENT OF
THE MARYLAND BUILDING PERFORMANCE STANDARDS WITHIN THE MUNICIPALITY
UNLESS IT ELECTS TO NEGOTIATE WITH THE COUNTY IN WHICH THE MUNICIPALITY
IS LOCATED TO HAVE THE COUNTY IMPLEMENT AND ENFORCE THE STANDARDS
WITHIN THE MUNICIPALITY.

(G) A LOCAL JURISDICTION MAY CHARGE FEES NECESSARY TO COVER THE
COST OF IMPLEMENTATION AND ENFORCEMENT OF THE MARYLAND BUILDING
PERFORMANCE STANDARDS AND ANY LOCAL AMENDMENTS TO THE STANDARDS.

(H) THIS SUBTITLE MAY NOT BE CONSTRUED TO ALTER OR ABROGATE ANY
EXISTING ZONING POWER OR RELATED AUTHORITY THAT MUNICIPALITIES AND
COUNTIES MAY EXERCISE AS OF OCTOBER 1, 1993.

6-403.

(A)     BEFORE ADOPTING THE MARYLAND BUILDING PERFORMANCE
STANDARDS OR ANY SUBSEQUENT VERSIONS OF THE STANDARDS, THE
DEPARTMENT SHALL:

(1)      REVIEW THE BOCA NATIONAL BUILDING CODE TO DETERMINE
WHETHER MODIFICATIONS SHOULD BE INCORPORATED IN THE MARYLAND
BUILDING PERFORMANCE STANDARDS;

(2)      ACCEPT WRITTEN COMMENTS AND HOLD A PUBLIC HEARING ON
ANY PROPOSED MODIFICATION; AND

(3)      TAKE INTO CONSIDERATION COMMENTS RECEIVED BEFORE
ADOPTING THE MARYLAND BUILDING PERFORMANCE STANDARDS.

(B)     THE DEPARTMENT MAY NOT ADOPT, AS PART OF THE MARYLAND
BUILDING PERFORMANCE STANDARDS, A MODIFICATION OF A BUILDING CODE
REQUIREMENT THAT IS MORE STRINGENT THAN THE REQUIREMENT IN THE BOCA
NATIONAL BUILDING CODE.

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