Maryland Statutes
Subtitle 5 - Maryland Building Performance Standards
Section 12-508 - Exemption for Agricultural Buildings Used for Agritourism

(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, 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.
    (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, 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
            (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.