WILLIAM DONALD SCHAEFER, Governor                          H.B. 421

(IV) ISSUANCE OF APPROPRIATE USE AND OCCUPANCY
CERTIFICATES.

(2)      THE MANNER IN WHICH THE MINIMUM IMPLEMENTATION AND
ENFORCEMENT ACTIVITIES SET FORTH IN PARAGRAPH (1) OF THIS SUBSECTION ARE
CARRIED OUT SHALL BE DETERMINED BY THE LOCAL JURISDICTION.

(3)      NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO PERMIT OR
ENCOURAGE THE STATE TO INITIATE OR ASSUME AN INDEPENDENT ROLE IN THE
ADMINISTRATION AND ENFORCEMENT OF THE MARYLAND BUILDING
PERFORMANCE STANDARDS FOR A BUILDING OR STRUCTURE WITHIN THE STATE, A
COUNTY, OR A MUNICIPALITY THAT IS NOT OWNED OR OPERATED BY THE STATE.

(F)      (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION THE
COUNTY IN WHICH A STRUCTURE IS SITUATED IS RESPONSIBLE FOR
IMPLEMENTATION AND ENFORCEMENT OF THE MARYLAND BUILDING
PERFORMANCE STANDARDS IN ACCORDANCE WITH THIS SUBTITLE.

(2)       (I) A MUNICIPALITY THAT HAS NOT ADOPTED A BUILDING CODE
AS OF OCTOBER 1, 1992 MAY ELECT TO IMPLEMENT AND ENFORCE THE MARYLAND
BUILDING PERFORMANCE STANDARDS IN ACCORDANCE WITH THIS SUBTITLE FOR
STRUCTURES LOCATED WITHIN THE MUNICIPALITY.

(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.

- 3493 -