JASON M. STANEK

CIIA IRIA

IICl-IAEL T. RICHARD ANFIIONV J. O’I)ONNELL 000C,WU OBI LINTON IINDV U. hERMAN PUBLIC SERVICE COMMISSION

May 15, 2019

In the matter of the application of Bluegrass * Solar, LLC for a Certificate of Public Convenience and Necessity to construct a Case No. 9496 80.0 MW solar photovoltaic generating facility in Queen Annes County, Maryland *

VIA FIRST-CLASS MAIL

The Honorable James J. Moran President Board of County Commissioners 107 North Liberty Street Centreville. Maryland 21617

Re: Second Public Comment Hearing !DillSRTOR’S OF Dear President Moran: Y 17 ‘i p.2:1

Pursuant to Sections 7-207 and 7-208 of the Public Utilities Article, a person must obtain a Certificate of Public Convenience and Necessity from the Public Service Commission before beginning construction of either a generating station or electric company overhead transmission line designed to carry voltage in excess of 69.000 volts (or exercising the right of condemnation in connection therewith), unless exempted by Section 7-207.1 for certain generating stations up to 70 megawatts (“MW”).

Section 7-207, a copy of which is enclosed for your information, also provides for holding a public hearing in the jurisdiction where the facility is to be constructed ( 7-207(d)). This public hearing is to be held by the Commission and the local governing bodies in the area unless the governing body or bodies choose not to participate.

Bluegrass Solar. LLC (“Bluegrass Solar’) filed an application with this Commission for the construction of an 80.0 MW solar photovoltaic generating station and associated facilities, a copy of which was previously furnished to you. This application has been docketed as Case No. 9496. The enclosed Public Utility Law Judge’s Notice of Second Public

WILLIAM DONALD SCHAEFER TOWER • 6 ST PAUL STREET • BALTIMORE. MARYLAND 21202-6806

410-767-8000 • Toll Free: 1-800-492-0474 • FAX 410-333-6495

MDR5: 1-800-735-2258 (TTY/Voice) • Website: w’wpsc state.md.us

;.[, 1 May 15, 2019 Page 2

Comment Hearing schedules this matter for a public hearing on June 18, 2019, at 6:30 p.m.. and Bluegrass Solar has arranged for the hearing to be held at Church Hill Elementary School. 631 Main Street, Church Hill, Maryland 21623.

I request that you advise me no later than June 14, 2019, whether you and/or any member of the Board of County Commissioners wish to sit jointly with me at the public hearing. If I do not hear from you on or before June 14, 2019, I will assume that neither you nor any Commissioner wish to sit jointly with me; however, either you or any Commissioner may. of course. attend the hearing and present whatever relevant staternenjyoueem appropriate.

Utility Law Judge

Enclosures cc: All Parties of Record

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8/6 N THE MATTER OF THE APPLICATION * BEFORE THE OF BLUEGRASS SOLAR, LLC FOR A PUBLIC SERVICE COMMISSION CERTIFICATE OF PUBLIC CONVENIENCE * OF MARYLAND AND NECESSITY TO CONSTRUCT AN 80 MW SOLAR PHOTOVOLTAIC GENER- * ATING FACILITY IN QUEEN ANNE’S COUNTY, MARYLAND * CASE NO. 9496

Issued: May 14, 2019

PUBLIC UTILITY LAW JUDGE’S NOTICE OF SECOND PUBLIC COMMENT HEARING

On November 13, 2018, Bluegrass Solar, LLC (“the Applicant”) filed an application for a Certificate of Public Convenience and Necessity for authority to construct an 80.0 megawatt solar photovoltaic generating facility in Queen Anne’s County, Maryland

(“the Project”).1 The Applicant proposes to construct the Project on an approximately

487-acre portion of approximately 539 acres of privately-owned land, identified as Tax

Map 11, Parcel 24, and Tax Map 17, Parcels 4 and 24 in Election District 2, located north of

Church Hill, east of State Route 213, north of State Route 300, and southeast of

Chestertown, in Queen Anne’s County.

The second evening hearing for the purpose of receiving comments from the public on the application has been scheduled as follows:

June 18, 2019 Church Hill Elementary School 6:30 p.m. 631 Main Street Church Hill, Maryland 21623

The application is available for public inspection or copying at the Queen Annes County Office of Planning & Zoning, 110 Vincit Street, Centreville, Maryland 21617. Additionally, all pleadings in this matter may be viewed or downloaded from the electronic docket file (9496) available through the Commission’s website, www.psc.state.md.us.

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Commission, and • Prominently post on the day of the hearing, no later than noon (EST), an informational sign at or near the public entrance(s) of Church Hill Elementary School. Each sign shall be at least 17 inches by 22 inches in size and state the time, room number, and subject of the public hearing. The font size of the lettering shall be greater than 48 point size and as large as the sign allows. The Applicant shall submit an affidavit certifying that the necessary properly sized information sign(s) were posted, as directed, including the time the signs were posted and a photograph of the informational sign near or at the public entrance(s) of Church Hill Elementary School, 631 Main Street. Church Hill, Maryland 21623, which shall be filed with the Commission within two business days after the public hearing date(s).

11 2 TEL: 410-632-1194 FAX: 410-632-3131 E-MAIL: admin @co.worcesier.md.us WEB: www.co.worcester.rnd.us

COMMISSIONERS HAROLD L. HIGGINS, CPA OFFICE OF THE CHIEFADMINISTRATIVEOFFICER DIANA PURNELL, PRESIDENT COUNTY COMMISSIONERS MAUREEN F.L. HOWARTH JOSEPH lvi. MITRECIC, VICE PRESIDENT COUNTY ATTORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING, JR. ilnrceIrr JAMES C. CHURCH Iounhi2 GOVERNMENT CENTER THEODORE J. ELDER

JOSHUA C. NORDSTROM ONE WEST MARKET STREET • ROOM 1103 SNOW HILL, MARYLAND 21863-1195 ‘‘f-,, —_ : — May 14, 2019

Steven Wilson, President Gregg A. Todd, County Administrator Queen Anne’s County Commissioners Queen Anne’s County 107 North Liberty Street 107 North Liberty Street Centreville, MD 21617 Centreville, MD21617

RE: Request for Support of State Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear President Wilson, County Administrator Todd, and Commissioners:

Please be advised that the Worcester County Commissioners recently sent the attached letter and supporting documents to the members of the Eastern Shore Delegation requesting their introduction and support of State legislation to address our concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof which requires automatic fire sprinkler systems in all new single-family dwellings in the State. As you are aware, in a rural county such as Worcester County and throughout much of the Eastern Shore, Western Shore and Southern Maryland, where public water supplies are limited, this State mandate costs individuals building their home thousands of extra dollars in construction costs for the automatic fire sprinkler system, including the pipes, pumps, tanks and conditioned storage sheds required to install such systems on properties served by private water wells as opposed to public water infrastructure. Oftentimes this extra cost has prevented first-time home buyers and others fiom being able to afford to purchase a new home. Also here in Worcester County and other Eastern Shore counties which border the States of Virginia and Delaware which do not have an automatic fire sprinkler mandate, our local home builders are unable to compete with home builders in these adjacent states which has a significantly negative impact on our local economy. Therefore, we believe that the requirement for installing an automatic fire sprinkler system in single-family homes should not be mandatory, but rather that all new single-family home owners should have the right to choose for themselves whether or not they wish to install this additional safety feature in their new home.

Citizens and Government Working Together 12 May 14, 2019 Page 2

Our request is to simply remove the mandatory requirement of automatic fire sprinkler systems in all new single-family dwellings in the State. We understand and support the requirement of automatic fire sprinkler systems in apartments, townhouses and two-family dwellings where multiple families live under the same roof, but we strongly believe that single- family property owners should be permitted to decide for themselves whether or not they prefer to install an automatic fire sprinkler system in their new home.

We are hereby asking for your support of this legislation once it is introduced during the next State legislative session and we encourage you to contact your local State delegation to sign on as co-sponsors and to support the passage of this bill. We thank you for your consideration in joining together with other Maryland counties who are similarly affected to encourage the introduction and passage of this proposed legislation. 4) Sincerely,-f Diana Purnell President

13 TEL: 410-632-1194 FAX: 410-632-3131 E-MAIL: [email protected] WEB: www.co.worcester.rnd.us

COMMISSIONERS HAROLDL. HIGGINS, CPA OFFICE CHIEFADMINISTRATIVEOFFICER DIANAPURNELL, PRESIDENT OF THE COUNTh’COMMISSIONERS MAUREEN FL. HOWARTH JOSEPH M. MITRECIC, VICEPRESIDENT COUNTYATTORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING, JR. lnrcrtr !Inuntg JAMES C. CHURCH THEODORE J. ELDER GOVERNMENT CENTER JOSHUA C. NORDSTROM ONE WEST MARKETSTREET ROOM 1103 SNOW HILL, MARYLAND 21863-1195

May 10, 2019

Senate Delegation for the Eastern Shore House Delegation for the Eastern Shore 11 Bladen Street 6 Bladen Street Annapolis, MD 21401 Annapolis,MD 21401

Honorable Senator Mary Beth Carozza Honorable Senator Stephen S. Hershey, Jr. 314 James Senate Office Building 420 James Senate Office Building

Honorable Senator Adelaide C. Eckardt Honorable Delegate Charles J. Otto 322 James Senate Office Building 321 House Office Building

Honorable Delegate Wayne A. Hartman Honorable Delegate Christopher T. Adams 308 House Office Building 426 House Office Building

Honorable Delegate Sheree Sample-Hughes Honorable Delegate 427 House Office Building 424 House Office Building

Honorable Delegate Carl Anderton, Jr. Honorable Delegate Steven J. Arentz 310 House Office Building 308 House Office Building

Honorable Delegate Jefferson L. Ghrist Honorable Delegate Jay A. Jacobs 430 House Office Building 321 House Office Building

RE: Requested Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear Distinguished Senators and Delegates Representing the Eastern Shore:

Please be advised that the Worcester County Commissioners recently continued our discussion with respect to concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire sprinkler systems in all new single-family dwellings in the State. We are seeking your support for the introduction and passage of State legislation to address our concerns which we believe are

Citizens and Government Working Together 14

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16 TEL: 410-632-1194 FAX: 410-632-3131 E-MAIL: adrnin @co.worcester.md.us WEB: www.co.worcester.md.us

COMMISSIONERS HAROLDL. HIGGINS, CPA OFFICE OF THE CHIEFADMINISTRATIVEOFFICER DIANAPURNELL, PRESIDENT COUNW COMMISSIONERS MAUREEN FL. HOWARTH M. MITRECIC, VICEPRESIDENT JOSEPH COUNTYATYORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING,JR. ftnrci±r LTunt JAMES C. CHURCH THEODOIE J. ELDER GOVERNMENT CENTER JOSHUA C. NORDSTROM ONE WEST MARKETSTREET ROOM 1103 SNOW HILL, MARYLAND 21863-1195

May 10, 2019

Senate Delegation for the Eastern Shore House Delegation for the Eastern Shore 11 Bladen Street 6 Bladen Street Annapolis,MD 21401 Annapolis, MD 21401

Honorable Senator Mary Beth Carozza Honorable Senator Stephen S. Hershey, Jr. 314 James Senate Office Building 420 James Senate Office Building

Honorable Senator Adelaide C. Eckardt Honorable Delegate Charles J. Otto 322 James Senate Office Building 321 House Office Building

Honorable Delegate Wayne A. Hartman Honorable Delegate Christopher T. Adams 308 House Office Building 426 House Office Building

Honorable Delegate Sheree Sample-Hughes Honorable Delegate Johnny Mautz 427 House Office Building 424 House Office Building

Honorable Delegate Carl Anderton, Jr. Honorable Delegate Steven J. Arentz 310 House Office Building 308 House Office Building

Honorable Delegate Jefferson L. Ghrist Honorable Delegate Jay A. Jacobs 430 House Office Building 321 House Office Building

RE: Requested Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear Distinguished Senators and Delegates Representing the Eastern Shore:

Please be advised that the Worcester County Commissioners recently continued our discussion with respect to concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire sprinkler systems in all new single-family dwellings in the State. We are seeking your support for the introduction and passage of State legislation to address our concerns which we believe are

Citizens and Government Working Together 17

18

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Maryland Page Marylarni tastem flore L)elegatlon May 10, 2019 Page 3 encourage them to sign on to your proposed legislation. In summary, we believe that the requirement for installing an automatic fire sprinkler system in single-family homes should not be mandatory, but rather that all new single-family home owners should have the right to choose for themselves whether or not they wish to install this additional safety feature in their new home. Thanks again for your consideration and support. LLWSincerely, Diana Pumell President cc: Maureen Howarth, County Attorney Ed Tudor, Director of Development Review & Permitting Bill Bradshaw, Building Administrator/County Engineer Jeff McMahon, Fire Marshal

19 TEL: 410-632-1194 ‘ FAX: 410-632-3131 E-MAIL: admin @co.worcester.mdus WEB: wwwco.worcesler.mdus

COMMISSIONERS HAROLDL. HIGGINS, CPA DIANAPURNELL, PRESIDENT OFFICE OF THE CHIEFADMINISTRATIVEOFFICER COUNTY COMMISSIONERS MAUREEN JOSEPH M. MITRECIC, VICEPRESIDENT FL. HOWARTI-I COUNTYATtORNEY ANTHONY W. BERTINO, JR. MADISON J. BUNTING,JR. Inunti CHURCH nrctrr JAMES C. THEODORE J. ELDER GOVERNMENT CENTER JOSHUA C. NORDSTROM ONE WEST MARKETSTREET ROOM 1103

SNOW HILL, MARYLAND 21863-1195

May 10, 2019

Senate Delegation for the Eastern Shore House Delegation for the Eastern Shore 11 Bladen Street 6 Bladen Street Annapolis, MD 21401 Annapolis, MD 21401

Honorable Senator Mary Beth Carozza Honorable Senator Stephen S. Hershey, Jr. 314 James Senate Office Building 420 James Senate Office Building

Honorable Senator Adelaide C. Eckardt Honorable Delegate Charles J. Otto 322 James Senate Office Building 321 House Office Building

Honorable Delegate Wayne A. Hartman Honorable Delegate Christopher T. Adams 308 House Office Building 426 House Office Building

Honorable Delegate Sheree Sample-Hughes Honorable Delegate Johnny Mautz 427 House Office Building 424 House Office Building

Honorable Delegate Carl Anderton, Jr. Honorable Delegate Steven J. Arentz 310 House Office Building 308 House Office Building

Honorable Delegate Jefferson L. Ghrist Honorable Delegate Jay A. Jacobs 430 House Office Building 321 House Office Building

RE: Requested Legislation for Single-Family Residential Fire Sprinkler Waiver Provision

Dear Distinguished Senators and Delegates Representing the Eastern Shore:

Please be advised that the Worcester County Commissioners recently continued our discussion with respect to concerns regarding the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire sprinkler systems in all new single-family dwellings in the State. We are seeking your support for the introduction and passage of State legislation to address our concerns which we believe are

Citizens and Government Working Together 20

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May Maryland iviaiyiaiiu taiiii iiui iicicaiiuii May 10, 2019 Page 3 encourage them to sign on to your proposed legislation. In summary, we believe that the requirement for installing an automatic fire sprinkler system in single-family homes should not be mandatory, but rather that all new single-family home owners should have the right to choose for themselves whether or not they wish to install this additional safety feature in their new home. Thanks again for your consideration and support. &LLilfSincerely, Diana Purnell President cc: Maureen Howarth, County Attorney Ed Tudor, Director of Development Review & Permitting Bill Bradshaw, Building Administrator/County Engineer Jeff McMahon, Fire Marshal

22 - 24 23 20 25 22 26 21 15 17 16 14 19 18 11 13 12 0 8 9 6 7 5 4 2 3 1 EXPLANATION: That BY BYaddingto FOR AN Assigned Requested: Introduced By: E4 Public repealing ACT Delegates [Brackets] the the Annotated Article Article Annotated the requiring certain SECTION Section at sprinkler local (2011 generally local Section Standards. shall (2011 concerning a Laws purpose to: Safety application certain and November amendments amendment require Replacement Replacement Environment indicate and — — fire 12—504.1 12—504 of Adams, Public Public read CAPITALS systems the relating — Maryland 1. Code Code of reenacting, sprinkler time Building BE the State repealing matter first of Safety Safety 2, of of IT builder and Otto, this to in 2015 to Maryland Maryland time: IN])ICATE Volume Volume to Fire ENACTED and deleted the certain read the systems to Sprinkler Act; local Performance with the Ghrist, install Marshal Transportation

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23 2 HOUSE BILL 19

Article — Public Safety

2 12—504.

3 (a) (1) A local jurisdiction may adopt local amendments to the Standards if the 4 local amendments do not:

5 (i) prohibit the minimum implementation and enforcement 6 activities set forth in § 12—505of this subtitle;

7 (ii) weaken energy conservation and efficiency provisions contained 8 in the Standards; OR

9 [(iii) except as provided in paragraph (3) of this subsection, weaken 10 the automatic fire sprinkler systems provisions for townhouses and one—and two—family 11 dwellings contained in the Standards; or

12 (iv)] (III) weaken wind design and wind—borne debris provisions 13 contained in the Standards.

14 (2) (i) Regardless of whether the International Green Construction 15 Code is adopted by the Department under § 12—503(d)of this subtitle, a local jurisdiction 6 may adopt the International Green Construction Code.

17 (ii) A local jurisdiction may make local amendments to the 18 International Green Construction Code.

19 [(3) Paragraph (1)(iii) of this subsection does not apply to:

20 (i) standards governing issuance of a building permit for a property 21 not connected to an electrical utility; or

22 (ii) until January 1, 2016, standards governing issuance of a 23 building permit for a new one—or two—family dwelling constructed on:

24 1. a lot subject to a valid unexpired public works utility 25 agreement that was executed before March 1, 2011; or

26 2. a lot served by an existing water service line from a water 27 main to the property line that:

28 A. is less than a nominal 1—inchsize;

29 B. is approved and owned by the public or private water 0 system that owns the mains;

31 C. was installed before March 1,2011; and

24 HOUSE BILL 19 3

D. is fully operational from the public or private main to a curb stop or meter pit located at the property line.]

3 (b) If a local jurisdiction adopts a local amendment to the Standards, the 4 Standards as amended by the local jurisdiction apply in the local jurisdiction.

5 (c) If a local amendment conflicts with the Standards, the local amendment 6 prevails in the local jurisdiction.

7 (d) A local jurisdiction that adopts a local amendment to the Standards shall 8 ensure that the local amendment is adopted in accordance with applicable local law.

9 (e) To keep the database established under this subtitle current, a local 10 jurisdiction that adopts a local amendment to the Standards shall provide a copy of the 11 local amendment to the Department:

12 (1) at least 15 days before the effective date of the amendment; or

13 (2) within 5 days after the adoption of an emergency local amendment.

14 12—504.1.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 16 INDICATED.

17 (2) “BUILDER” MEANS A PERSON THAT CONTRACTS WITH A BUYER 18 FOR THE CONSTRUCTION OF A NEW DWELLING.

19 (3) “BuYER” MEANS A PERSON THAT PURCHASES ANY ESTATE OR 20 INTEREST IN A NEW DWELLING.

21 (4) “NEw DWELLING” MEANS A NEW ONE- OR TWO-FAMILY 22 RESIDENTIAL DWELLING HAVING THREE STORIES OR FEWER, NOT PREVIOUSLY 23 OCCUPIED, AND CONSTRUCTED FOR RESIDENTIAL USE.

24 (B) (1) THIS SECTION APPLIES IN A LOCAL JURISDICTION THAT ADOPTS 25 A LOCAL AMENDMENT TO THE STANDARDS THAT WEAKENS THE AUTOMATIC FIRE 26 SPRINKLER SYSTEMS PROVISIONS FOR TOWNHOUSES AND ONE- AND TWO-FAMILY 27 DWELLINGS CONTAINED IN THE STANDARDS.

28 (2) UNLESS OTHERWISE PROVIDED IN THE LOCAL AMENDMENT, THIS 9 SECTION APPLIES TO ANY NEW DWELLING IN THE LOCAL JURISDICTION FOR WHICH (o A CONTRACT HAS BEEN SIGNED BETWEEN THE BUILDER AND THE BUYER ON OR 31 AFTER THE EFFECTIVE DATE OF THE LOCAL AMENDMENT.

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27 TEL 410-632-1194 FAX; 410-632-3131 E-MAIL: [email protected] WEB: www.co.worcesler.rnd.us

COMMISSIONERS HAROLDL HIGGINS. CPA OFFICE OF THE CHIEFADMINISTRATiVEOFFICER DIANAPURNLL, PRESIDENT COUNTh COMMISSIONERS MAUREENFL. HOWARTH JOSEPH M, MITRECIC, VICE PRESIDENT ANThONY W. BEETINO, JR. MADISONJ. UNTING, JR. nrc2±1r IUUUt’ JAMES C. CHURCI GOVERNMENT CENTER THEODOFE J. ELDER JOSHUA C. NORDSTROM ONE WEST MARKET STREET • ROOM 1103 SNOW HILL, MARYLAND 21863-1195

February 19, 2019

Norman C. Wang, RA

Director, Building Codes Administration V Division of Labor and Industry

V Maryland Department of Labor, Licensing and Regulation 1100 North Eutaw Street, Room 606 Baltimore, Maryland 21201

RE: Single-Family Residential Fire Sprinklers in Worcester County

Dear Mr. Wang:

Please be advised that the Worcester County Commissioners recently discussed the requirement of the International Residential Building Code and the State of Maryland’s adoption thereof, which requires automatic fire spriniclersystems in all new one-and two-family dwellings in the State. While we understand that there is an argument that such systems may save lives and/or reduce fire damage, it is our collective feeling that the decision whether or not to install such systems should be left to the homeowner and not mandated by State law. In a rural county such as ours, where public water supplies are limited, this State mandate costs individuals building their home thousands of extra dollars in construction costs. Oftentimes this extra cost can keep a first-time home buyer from purchasing a new home. Additionally, Worcester County borders both the States of Virginia and Delaware and therefore our local home builders must compete with home builders in those states that do not have a fire sprinkler mandate. This situation adversely affects our local economy.

Part of our recent discussion centered around our understanding that currently at least one Maryland County does not require these fire sprinkler systems in their jurisdiction. Worcester County plans to join this other county by not requiring residential fire sprinkler systems in new single-family homes. Effective July 1, 2019, Worcester County will let the property owner building a new home decide for themselves if they want to install such a system. We intend to

Citizens and Government Working Together 28

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required LLULW&LP1S of on Address Address

shalt DRAFT — the all Ii bte any rriegxesentation hereto; permit permit applicant, applicant, of and revocation 1._I penalty any ui’emit this the permits the such Department any occupy in by by inforrnation i inspecting to under months the phcable and/or 5)that of all F Experi by 24 IMI JEMail[ obtain are issuance, request denial oi descsthed provided and certifies unbwful ptrpose wilhm issued for including License which project. be date application work the written and the been herdiy request type OWTierI the shall for the this - of it If correct, grounds County has upon in infonhation inspection) L..J Name from aP that arid f L______J REQUIRW cflO5Oron 8 applicant bndscapel&M property neeiNameandLicerse determine, that ue r1.LSO fl Other is E the 2) to months Exp.atiorr Worterter descthed constitute The cemti&ate and extension completion framing Arthi*ect Owner lkerise1 Phone Phone Rebtionshto Applicant ______

DivisioN OF LABORAND INDUSTRY Matthew Helminiak, Commissioner 1100 North Eutaw Street, Room 600 Baltimore, MD 21201 C,DEPARTMENTOFLABOR,LICENSINGANDREGULATION______

March25, 2019

Ms. Diana Purnell President Office of the County Commissioners RECEIVED Worcester County MAZ1fl19 One West Market Street, Room 1103 County Admin Snow Hill, Maryland 21863-1195 Worcester

Dear President Purnell:

Your recent letter of February 19, 2019 to Norman Wang of the Building Codes Administration has been forwarded to me for response. As I understand it, Worcester County is proposing to amend its building permit application to provide for a “check-off” box on your building permit application “for a residential sprinkler system waiver request and a Single-Family Home Residential Fire Sprinkler Waiver form to be completed by the property owner, builder and applicant for a permit for a new single family dwelling.”

As you may be aware, Subtitle 5. Maryland Building Performance Standards was created by the General Assembly under the Public Safety Article. Within that subtitle are nine separate sections governing (1) the adoption and enforcement of statewide building codes, (2) the duties and powers of the Department of Labor, Licensing, and Regulation1 (DLLR), and (3) the duties and powers of local jurisdictions.

DTTP c re.niiirpd tn ai-lnnt hii rpcrn1itnn th Mcwu1rid PnUdir’a Prfnrtr” — - j-—-- --—--- Standards, the International Building Code (IBC), including the International Energy Conservation Code (IECC), subject to modification by DLLR, see Public Safety Article,

§12-503, Annotated Code of Maryland. These regulations are referred to as the “Standards”.

Each local jurisdiction is required to implement and enforce the most current version of the Standards and any local amendments. The specific requirements related to local jurisdiction adoption, amendment, implementation, and enforcement of the Standards are contained,

1 EffectiveJuly 1,2018, administrationof the Standardswas transferredfromthe Departmentof Housing andCommunityDevelopment(DHCD)to DLLR.

PHONE: 410-767-4037• FAx 410-767-2986• INTERNET:www.dlIr.maryland.gov

LARRYHOGAN, GOVERNOR . BOYDK. RUTHERFORD, LT. GOVERNOR 34 independent of the sections related to DLLR, in § 12-504 and 12-505 of the Public Safety (?J Article. Specifically §12-504 addresses automatic fire sprinkler systems.

While §12-502(c) of the Public Safety article clarifies the authority of Subtitle 5 and, among other provisions, states “This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a building or structure that is not owned or operated by the State,”, the requirement that local jurisdictions provide DLLR a copy of local amendments to the Standards exists in §12-504 and §12-506. DLLR is required under §12-506 to maintain a central automated database of, among other things, the Standards and any local amendments. DLLR may also include any information provided by a local jurisdiction on the implementation and interpretation of the Standards and interim amendments. As such, Worcester County is required to notify and provide a copy to DLLR of any local amendments to the Standards within 15 days after the effective date of the amendment. This information will be maintained in the database and may include additional information that DLLR has received, including information regarding the proposal regarding the waiver form as described in your letter.

Please note, as of March 15, 2019 the amendments to update the adopted Standards became final, see Md Register volume 46, issue 6, pages 345-346. Notification to all counties will go out under separate cover.

Sincerely, .__ Matthew Helminiak Commissioner of Labor and Industry

cc: James E. Rzepkowski, Acting Secretary

C

35 BRIAN E. FRosH SAND BENSONBRANTLEY ATTORNEY GENERAL COUNSEL TO THE GENERAl. ASSEAOSIY

ELIZABETH F. HARRIS KATHRYN M, ROWE CHIEF DEPUTY ATTORNEY GENERAL DREUTYCOUNSEL

CAROLYN A. QUATTROCKJ JEREMY M. McCoy r)EPLrCY ATTORNEY GENERAL ASSIDNF4TATTORNEY GENERAL

THE ATTORNEY GENERAL OF MARYLAND DAV1DW.STAMI’ER ASSISTANT ATTORNEY GENERAL OFFICE OF COUNSEL TO THE GENERAL ASSEMBLY

February 19, 2019

The Honorable Maryland House of Delegates 251 House Office Building Annapolis, Maryland 21401

Dear Delegate Stein:

You have inquired about the authority of a county to opt out of Maryland Building Performance Standards (“Standards”) that include International Building Code (“IBC”) standards requiring newly constructed residential buildings in the State to be equipped with sprinkler systems. Except under limited circumstances, a localjurisdiction may not adopt local amendments to the Standards that weaken the automatic fire sprinider systems provisions of the Standards for townhouses and one- or two-family dwellings in the local jurisdiction. Subject to other specific limitations, a county may adopt a local amendment to the Standards relating to the use of sprinklers in other types of residential buildings, including a less restrictive standard, which would apply only in that county. As to other residential dwelling buildings however, there are additional fire prevention sprinkler system requirements under State law for which certain exceptions may be granted by the State Fire Marshall or a local authority with jurisdiction over fire or building codes.

Under § 12-503 of the Public Safety Article (“PS”), the Department of Labor, Licensing, and Regulation (“DLLR”) is required to adopt by regulation, as the statewide Standards, the IBC, subject to modification by DLLR.1 Except for certain agricultural buildings, the Standards apply to all buildings and structures within the State for which a building permit application is received by a local jurisdiction. COMAR 05.02.07.06A.2

COMAR 05.02.07.05 authorizes a local jurisdiction (a county or municipal corporation) to modify the provisions of the Standards by local amendment “to address conditions peculiar to the

Pursuant to Chapter 673 of the 2018 Laws of Maryland, effective July 1, 2018, administration of the Standards was transferred from the Department of I-lousing and Community Development (“DHCD”) to DLLR. 2 Section 5 of Ch. 673 of the 2018 Laws of Maryland maintained existing regulations relating to the Standards adopted by DHCD in COMAR 05.02.07, and required that those regulations continue in effect under administration by DLLR until replaced. DLLR has issued a Notice of Proposed Action to recodify existing COMAR 05.02.07 to be newly proposed COMAR 09.12.31. Md, Register, Vol.46, Issue 1(1/4/19), p. 16.

104 LEGISLATIVE SERVICES BUILDING 90 STATE CIRCLE ANNAPOUS, MARYLAND 21405-1995 410-946-5600 301-970-5600. FAX 450-946-5601 TTY 450-946-5401. 101-970-5401

36 The Honorable Dana Stein February 19, 2019 Page 2

local jurisdiction’s cornmunity[.]” A local jurisdiction may adopt a local amendment to the Standards that applies to the local jurisdiction if the local amendment does not: (1) prohibit the minimum implementation and enforcement activities set forth in PS § 12-505; (2) weaken energy conservation and efficiency provisions contained in the Standards (including weakening the requirements of Chapter 13 of the IBC, as provided in COMAR 05.02.07.05); (3) except under certain circumstances, weaken the automatic fire sprinkler systems provisions for townhouses and one- and two-family dwellings contained in the Standards; or (4) weaken wind design and wind-

borne debris provisions contained in the Standards. PS § 12-504(a). The minimum implementation and enforcement activities under PS § 12-505 that a local jurisdiction remains required to carry out include the: (1) review and acceptance of appropriate plans; (2) issuance of building permits; (3) inspection of the work authorized by the building permits; and (4) issuance of appropriate use and occupancy certificates. PS § 12-505(a)(2). Local jurisdictions are prohibited from amending statewide regulations that apply to “industrialized buildings” under PS § 12-301 etseq. See COMAR 05.02.01.01 etseq. and COMAR 05.02.04.01 etseq.

Each local jurisdiction is required to implement and enforce the most current version of the Standards and any local amendments to the Standards. Any modification of the Standards adopted by the State after December 31, 2009, is required to be implemented and enforced by a local jurisdiction within 12 months after being adopted by the State. PS § 12-505(a)(1). A local jurisdiction that adopts a local amendment to the Standards is required to ensure that the local amendment is adopted in accordance with applicable local law, and must provide a copy of the local amendment to DLLR at least 15 days before the effective date of the amendment or within 5 days after the adoption of an emergency local amendment. PS § 12-504(b), (d), and (e). If a local amendment conflicts with the Standards, the local amendment prevails in the local jurisdiction. PS § 12-505(c).

With specific regard to sprinider system requirements under the Standards, a local government is authorized to adopt local amendments to the Standards addressing sprinkler systems if the local amendments do not, except as provided below, “weaken the automatic fire sprinkler systems provisions for townhouses and one- and two-family dwellings contained in the Standards.” PS § 12-504(a)(1)(iii). A local government may deviate from the Standards’sprinkler requirements for those structures described above through local standards that: (1) govern the “issuance of a building permit for a property not connected to an electrical utility;” or (2) until January 1,2016, govern the “issuance of a building permit for a new one- or two-family dwelling constructed on:” (a) a “lot subject to a valid unexpired public works utility agreement that was executed before March 1,2011;” or (b) “a lot served by an existing water service line from a water main to the property line” that: (i) “is less than a nominal 1-inch size;” (ii) “is approved and owned by the public or private water system that owns the mains;” (iii) “was installed before March 1, 2011;” and (iv) “is fully operational from the public or private main to a curb stop or meter pit located at the property line.” PS § 12-504(a)(3). a

37

jurisdiction

have

with

under

Subject

accordance

after

circumstances.

building

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installed

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The

February Page

me. ______STATE OF MARYLAND MARYLAND DEPARTMENT OF STATE POLICE SFE FIRE PREVENTION COMMISSION Larry Hogan 18345 Colonel Henry K. Douglas Drive Colonel William M. Pal lozzi Governor Suite 240 Secretaiy Hagerstown MD 21740 Boyd K. Rutherford 301-766-3899 C. Daniel Davis, Jr. Lt. Governor Fax: 301-766-3889 chairman http://sfpc.mdsp.org rnsp.scmaryland.gov April 25, 2019 RECEIVED

The Honorable Brian E. Frosh APR29 U19 Attorney General of Maryland 200 Saint Paul Street WorcesterCountyAdmin Baltimore MD 21202

RE: Failure of Allegany County and Worcester County to Enforce and Uphold the Lawfully Adopted Requirements for Automatic Fire Sprinkler Protection in Newly Constructed One- and Two-Fami’y Homes

Dear Attorney General Frosh:

On March 15, 2019, the State of Maryland through the Department of Labor, Licensing, and Regulation adopted the 2018 edition of the Intern ational Residential Code with an effective date of March 25, 2019. This Code requires that every newly constructed one- and two-family home be provided with automatic fire sprinkler protection. This requirement affords improved fire protection not only to the home’s occupants but also to fire service personnel. In short, it saves lives and prevents the needless destruction of property caused by fires in one- and two-family homes.

The enclosed “January through December 2017 Fire Deaths in Maryland Report” compiled by the Office of the Maryland State Fire Marshal (the most current annual statistics available) reflects that residential fires accounted for 84% of all fire deaths in Maryland and of those, 73% occurred in one- .and two-family dwellings (see page 9).

The Maryland State Fire Prevention Commission has learned that Allegany County government officials are not requiring the installation of automatic sprinkler protection in new one- and two-family homes. Allegany County is currently enforcing the 2006 edition of the International Residential Code which does not contain this fire sprinkler requirement. The Commission has also recently learned that beginning on July 1, 2019, the Office of the County Commissioners of Worcester County will permit single family homeowners to choose to opt out of the automatic fire sprinkler system required by the Code.

The Maryland State Fire Marshal, while fully supportive of the residential automatic fire sprinkler requirement, has assured this Commission that his office lacks the authority to enforce this particular fire sprinkler requirement because it is not a requirement of the State Fire Prevention Code. Furthermore, § 6-305(a)(1) of the Public Safety Article prohibits the State Fire Marshal from enforcing laws and regulations in “buildings that are used solely as dwelling houses for no more than two families.”

40 The

Attorney General Brian Frosh April 25, 2019 Page 2

The Maryland Department of Labor, Licensing and Regulation has also taken the position that it lacks the authority to enforce this particular fire sprinkler requirement. It should be noted, however, that § 12-504 (a)(iii) of the Public Safety Article prohibits local amendments that “weaken the automatic fire sprinkler systems provisions for townhouses and one- and two-family dwellings,” with very limited exceptions. Section 12-505, meanwhile, requires local jurisdictions to enforce the most current version of the Maryland Building Performance Standards no later than twelve months after the Standards are adopted by the State.

During its regularly scheduled meeting on April 18, 2019, the Fire Prevention Commission thoroughly discussed the positions of both Allegany and Worcester Counties and found them to be contrary to adequate protection from unwanted fire. The Commission also unanimously voted both to draw your attention to the seriousness of Allegany and Worcester Counties’ non-compliance and to ask you, in your capacity as the State’s senior law enforcement officer, to initiate prompt corrective action to enforce the counties’ compliance with the Code.

The Commission firmly believes that a failure to secure that compliance will result in additional jurisdictions taking similar non-compliant positions, and that the end result will be increased loss of life and property throughout the State.

Commission looks forward to a positive reply from your office.

Sincerely, e

C. Daniel Davis, Jr. Chairman State Fire Prevention Commission

cc: Brian Geraci, Maryland State Fire Marshal Matthew Helminiak, Commissioner of Labor and Industry Diana Purnell, President Worcester County Commissioners ./ Jacob Shade, President Allegany County Commissioners Richard Blair, President Maryland State Firemen’s Association

Enclosure

41 April Joyce

Sudlersville, 200

You Dear Violation:

You Resident

Respectfully,

Management,

Terrapin

are

painted

12,

Ms.

Homey

being

2019

shall

Homey,

(House

MD.21668

the

Grove

issued

not

The

back

alter,

Rules

Apt.

Housing

the

door

303

repair

and following

of

Authority

Regulations

the

or

205

otherwise

building.

lease

Phone:

East

Queen

Housing

of

LEASE

violations:

Water Queen Attachment

(410)758-8634

change

Centreville,

Executive

Jeremy

Street,

www.pacha.org

Anne’s

Anne’s

VIOLATION

the

Authority

2

Suite

R.

MD

#10

Director premises

County

Fax:

White

21617

100,

on

County

(410)758-8635

your

P.O.

or

of

equipment

lease)

Box

280

therein.

Tonya JamesW. James Board

JoAnne

Richard

D. Members

L.

N.

D.

Brown Hynson

Holley

Brice

Cira

3

42 VVV

-1I.!;E FIRST.CLASS The Housing Authoñty of Queen Anro’s County . Qlfl7 P1) I 9 — P 0 Box 280 )UUU. Centrevflle, Md. 21617

LIE— 7 041 Li 0250203

4/Oct)

;w_61 V 44 May 13, 2019

Housing Authority of Queen Annes’ County

206 East Water Street, P 0 Box280

Centreville, MD21617

Attn: Management

Jeremy White, Executive Director

We, the undersigned, wish to express our concern about the letter sent to Joyce Homey, Apt1t 303 at Terrapin Grove. It is dated April 12, 2019, but was not mailed until May 7th causing the letter to arrive on May 9th

This is referencing the painting of the rear entrance door to the apartment building at Terrapin Grove. Numerous requests to have maintenance to this door was reported, either in writing or verbally, by different tenants, over a two to three year period. These requests obviously fell on deaf ears, because nothing was done. The door was filthy and showed signs of mold — disgraceful — certainly not what we would expect to be representative of the condition of the entrance to our home where we live.

With spring upon us and Easter only a few days away, we thought it quite appropriate that this action be taken — scrub, wash down, and paint. We cite Tenant Participation Plan, B. Required Activities of Participation, Project Beautification, 2a and b — Tenants will participate in flower planting and common areas cleanup maintenance program in areas designated by the HA.

General area cleanup will be scheduled seasonally and all tenants will be encouraged to participate. Neither of these two have been performed by the HA, so the tenants decided that this door should be maintained by scrubbing, washing down and painting to benefit all and present a much nicer appearance for our building.

Instead of a letter of lease violation, we think it should have been one of thanks. We request that another letter be sent to Ms. Homey rescinding the Lease Violation stating that this incident will be removed from her file.

Respectfully,

45 Cc:

James L.Hynson

James W. Holley

Tanya D. Brown

JoAnne N. Brice

Richard D. Cira

Philip L.Dumenhl, District 3

Christopher M. Corchiarino, District, 4

Todd R. Mohn, PE, County Adminstrator

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Telephone

Zoning. 2uid

PLANNING

Public

floor

Fax

Item

Fax

The

apartments

Planning:

Planning:

Facilities:

Permits: Permits:

110

Centreville,

information

Vincit

(410)

(410)

(410)

(410)

&

St.,

ZONING

MD

provided

758-1255 Suite 758-2905 758-4088 758-3972

21617

104

48 Zoning:

Building

Highlights

o

o

Planning

Use

$35,000,000 $20,000,000 $30,000,000 $15,000,000 $25,000,000

$10,000,000

Permit

$5,000,000

Permits Permit

Construction Submitted

• •

of

Permits:

CommerciaL

Minor Wye

Major Queenstown service

Apr-19

Information Applications

Commission

Issued

Commercial

Residential

river

Site

Site

bays.

Value

Apr-19

Marina,

Plan

Plan

Permits

Assisted

(Source:

meeting,

Apr-18 - -

5P18-09-0012

SP-19-0l-0018

$3,977,705

Piney

April

2019

Issued

Living, 132

86

81

5

Building

Apr-18

Creek April

Energov

in

2019

to

11,

Road, April:

Construct

$4,460,290

YTD

Permit

&

2019 April

2018

201

139 115

24

Sungard):

Chester

2019

Tracking

a

‘(TO 2018

73 -

2019

bedroom,

Construct

YTO

$34,339,030

Year

2019

419

404 288

116

2018

to 49,998

a

‘(TO two

Date

O

O 0

story

Commercial Residential Permit Permits

sq.

ft.

201

building

assisted

Applications

$28,948,552

Issued

8

Year

Cost

617 541 398

143

with

of

living

to

Construction

Date

office

Submitted

facility.

and

5

49 ,Zonin

• • • • •

Inspection

Board Temporary Meeting License Meeting Talisman Disable K! Ruthsburg

benefit Chesapeake League Hearing Approved Review Malik, 21619.

EMW:mes

Estates

o o

o o o o o

Boards:

of

for New

Commercial of

Total Nuisance Citations Zoning (YTD: Liquor of

American

application

Commission

held Date:

Date

Therapeutic

Doe Appeals

Woman

the Community Community

and

licenses

• • •

• •

Bay

Commercial:

for

fines

benefit —

Bar

Law

NO 182/52)

restaurant 450

Inspections 515 Office Training 310 room. office 302 800 137 equipment/storage St

Enforcement

April

transfer

Environmental

Issued:

Complaints/Code

Veterans Claire

Voters issued:

LLC,

HEARII’JGS

Amberly sq. Log

issued Bateau for Abruzzi

Love

Compliance

Renovations:

of

and (Liquor

Riding,

1647

trailer

2,

Center Assoc. ft.

advertising

Canoe

Bayside

facility

trading Place,

of

2019

2

Point

for

QAC reception

$1000.00

to:

Dr, YTD

Conducted:

sq.

a (DAV)

Dr,

with

Farm

members

Class

Activity Inc. — —

Board):

ft.

Stevensville,

Circle,

Rd,

Stevensville, —

Date Date to Center Chester,

OR

as

Inspections:

Issued:

Oil,

Date

steps - room.

the include

Lane,

Red —

D” Violation

Stevensville,

(YTD area,

Date MEETII’JGS

Date

LLC,

of

of

transfer

Stevensville,

beer, of

of for

to -

Eyes

470

event

event

9

Date

Maryland

Queenstown,

relocate

golf

event of

grade

of Issued:

studio,

April:

trading

wine County

event

St.

(l45of

63

event

Dock

Inspections

— course. — of

of -

April April and

Clair

(YTD:

Claude

event

a

May IN

front

&

backroom,

$4500.00; —

as —

Class

Bar General

KRM

which

May accessible Commissioners

liquor

APRIL,

April

Piney

Suites,

25

12,

7 Washington -

door

267) 2.0,

July

&

“A”

Conducted:

4

May

BCR

within 6 license

Dominic

428 Land

Creek

and

YTD

LLC,

bathroom

13 2019

beer

4,

ramp.

LLC.

Kent

add

May

Co,

Critical

Paid:

Xtra from

&

construct

Hunters

Digiovine.

of

cable

wine

708

Narrows Tennant Use 102

17

Queen

open

Mart,

Robert

$4000.00)

sq. (43

Area)

permit

to license

Oak

office

interior

ft.

front

2120 of

Anne’s

fit-out

Way

Wilson

Convert

(YTD:

which

C,

for

from

center

area,

Piney

Hunters

North,

partition

“We

for

County.

in

to

Sheikh

1149/426

existing

private

“Tastebuds

of

Creek

Critical

Robert

Care

Grasonville,

Oak roof,

walls

Install

Asadullah

Clinic”,

office

Rd.,

7’ Pub

W.

Area) 168

)

x

to

Kitchen”

Gordon,

Chester,

40

24’

a

sq.

create

and

11’8”x

1

MD

seat

porch

ft.

employee,

to

storage

Tanveer -

for

MD

60’

to

the

50