Bill Summary – FastDemocracy

HB 801
                       Department of Legislative Services
                               Maryland General Assembly
                                     2021 Session
                            FISCAL AND POLICY NOTE
                                  Third Reader
House Bill 801               (Delegate Clark)
Environment and Transportation          Education, Health, and Environmental Affairs
           Calvert County – Public Safety – Buildings Used for Agritourism
This bill exempts an agricultural building in Calvert County used for agritourism from
obtaining a change of occupancy permit if (1) the building’s use of agritourism does not
require it to be occupied by more than 200 people at any one time and (2) the width of
egress for the building meets specified building code standards.
                                     Fiscal Summary
State Effect: The bill does not materially affect State finances or operations.
Local Effect: The bill does not materially affect Calvert County finances or operations.
Small Business Effect: Minimal.
                                          Analysis
Current Law: “Agritourism” is defined in the Land Use Article as an activity conducted
on a farm that is offered to a member of the general public or to invited guests for the
purpose of education, recreation, or active involvement in the farm operation. Agritourism
activities include farm tours, hayrides, corn mazes, seasonal petting farms, farm museums,
guest farms, pumpkin patches, “pick your own” or “cut your own” produce, classes related
to agricultural products or skills, and picnic and party facilities offered in conjunction with
any of the above.
Exemption from Maryland Building Performance Standards (for Agricultural Buildings
Used for Agritourism)
An “agricultural building” is a structure designed and constructed to house farm
implements, hay, grain, poultry, livestock, or other horticultural products. An agricultural
building does not, however, include a place of human residence. The Maryland Building
Performance Standards (MBPS) do not apply to the construction, alteration, or
modification of an agricultural building for which agritourism is an intended subordinate
use in the following counties:
      Allegany;
      Anne Arundel;
      Baltimore;
      Calvert;
      Carroll;
      Cecil;
      Charles;
      Dorchester;
      Frederick;
      Garrett;
      Harford;
      Howard;
      Kent;
      Montgomery;
      Prince George’s;
      St. Mary’s;
      Somerset; and
      Talbot.
In those counties, 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 Maryland
Department of Labor (MDL); (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. However, in Montgomery County, 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 the width and number of means of egress must
meet specified building code standards.
HB 801/ Page 2
In Allegany, Anne Arundel, Baltimore, Carroll, Cecil, Garrett, Howard, Kent,
Prince George’s, and St. Mary’s counties, the occupancy cap is 200 people if the building’s
total width of egress meets or exceeds the International Building Code (IBC) standard that
applies to egress components other than stairways in a building without a sprinkler system.
An agricultural building used for agritourism must be structurally sound and in good repair
but need not comply with (1) requirements for bathrooms, sprinkler systems, and elevators
as required under MBPS or (2) any other requirements of MBPS or other building codes
as set forth in regulations adopted by MDL.
Maryland Building Performance Standards
Chapter 673 of 2018 transferred administration of MBPS from the Department of Housing
and Community Development to MDL. MDL currently incorporates by reference the
2018 IBC, including the 2018 International Energy Conservation Code, with
modifications, as MBPS. In general, the standards apply to all buildings and structures
within the State for which a building permit application is received by a local government.
                               Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Department of Legislative Services
Fiscal Note History:      First Reader - March 3, 2021
rh/mcr                    Third Reader - March 22, 2021
Analysis by: Thomas S. Elder                           Direct Inquiries to:
                                                       (410) 946-5510
                                                       (301) 970-5510
HB 801/ Page 3
Statutes affected: 
Text - First - Calvert County – Public Safety – Buildings Used for Agritourism: 12-508 Public Safety
Text - Third - Calvert County – Public Safety – Buildings Used for Agritourism: 12-508 Public Safety