Montgomery County Inspections: DPS, Rental, and Fire Code

Montgomery County inspections run through three agencies, and knowing which one governs your project decides everything else. The Department of Permitting Services (DPS) inspects construction work tied to building permits. The Department of Housing and Community Affairs (DHCA) inspects rental properties and enforces habitability. The Department of Fire and Rescue Services handles fire prevention inspections in commercial buildings and multifamily properties. Each agency has its own scheduling system, its own fees, and its own penalties when something fails.

Construction Inspections Through DPS

Any project that needs a building permit also needs inspections at set construction stages. Montgomery County Code Chapter 8 sets the framework, and a DPS inspector must sign off on each phase before the next one begins.1Montgomery County Code. Montgomery County Code Chapter 8 – Buildings

The most important scheduling rule in the county is the paired-inspection requirement. When you schedule a framing or close-in inspection, you must simultaneously schedule the electrical rough-in inspection for the associated electrical permit and the mechanical close-in inspection for any mechanical permit. The same pairing applies at the end: the building final must go on the calendar alongside the electrical final and the mechanical final. If you schedule one without its companions, DPS will disapprove the inspection you did schedule.2Montgomery County Permits. Online Application Search – Inspection Request

Electrical and Mechanical Work

Electrical inspections enforce standards adopted under Chapter 17 of the county code.3Montgomery County Code. Montgomery County Code Chapter 17 – Electricity The county currently enforces the National Electrical Code through Executive Regulation 23-19 with local amendments.4Montgomery County. Electrical and Mechanical Codes, Licenses and Permits Mechanical inspections cover gas piping, refrigerant lines, hydronic systems, and fuel oil piping under the International Mechanical Code with county amendments.

Sediment Control and Stormwater

Projects that disturb soil or affect drainage need a separate sediment control permit with its own inspection sequence. Before any site work starts, an inspector must verify that the initial sediment control measures are properly installed. Additional inspections happen periodically during construction, and the final inspection will not pass until all disturbed areas are stabilized.5Montgomery County. Engineered Sediment Control Permit and Inspection Process Projects with stormwater management features carry additional meetings and certifications on top of the standard sediment inspections.

Rental Housing Inspections and Licensing

Before any residential property can be rented in Montgomery County, the owner must hold a rental facility license from DHCA. The license year runs July 1 through June 30, with renewal payments due by July 31 each year. A new application takes roughly 10 business days to process once DHCA has the completed application, payment, and supporting documents.6Montgomery County. Rental License – Department of Housing and Community Affairs

Renting without a license is a Class A violation carrying a $500 civil fine for a first offense or $750 for repeat offenses. An unlicensed landlord also cannot pursue a tenant for unpaid rent in the District Court of Maryland. Once a notice of violation is issued, the landlord has 10 days to correct the problem or receive a $500 civil citation.6Montgomery County. Rental License – Department of Housing and Community Affairs

Renewal conditions matter too. Out-of-state owners must designate a Maryland-resident legal agent to accept legal documents. Owners in common-ownership communities cannot be more than 30 days past due on HOA or condo association fees. Multifamily landlords must complete the Annual Multifamily Rental Survey.

Re-Inspection Fees Escalate Fast

DHCA gives landlords two free chances. The initial inspection and the second inspection cost nothing. Starting with the third inspection within a three-year window, the fees climb quickly:

  • Third inspection: $100 for the apartment complex, plus $25 per unit re-inspected
  • Fourth inspection: $200 for the complex, plus $50 per unit
  • Fifth inspection: $500 for the complex, plus $125 per unit
  • Sixth and subsequent inspections: $1,000 for the complex, plus $250 per unit

For a 20-unit building that reaches a sixth inspection, that is $6,000 in re-inspection fees before any other penalties.7Montgomery County Code. Montgomery County Code 29.20.02.03 – Inspection Fees

Lead Paint Requirements

Any rental built before January 1, 1978 must meet Maryland Lead Poisoning Prevention Program requirements to keep a valid rental license. Landlords must register annually with the Maryland Department of the Environment and get an MDE registration and tracking number. An MDE-accredited inspector produces the Lead Paint Certificate, which the landlord uploads to the online rental license record with DHCA.8Montgomery County. Compliance With the State Lead Poisoning Prevention Program

Two exceptions exist. Properties with a Lead-Free or Limited Lead-Free Certificate skip the annual MDE registration, though the certificate must still be on file with DHCA. Rental dwellings built between 1950 and 1977 where the current tenant moved in before January 1, 2015 do not need a Lead Inspection Certificate until a new tenant moves in, but annual MDE registration is still required.8Montgomery County. Compliance With the State Lead Poisoning Prevention Program

Federal rules layer on top. Under the Residential Lead-Based Paint Hazard Reduction Act, landlords of pre-1978 properties must give tenants a lead-based paint disclosure form, any known records of lead hazards, and the EPA pamphlet “Protect Your Family from Lead in Your Home.” Renovation projects that disturb lead-based paint in these properties must use lead-safe certified contractors under the EPA’s Renovation, Repair, and Painting rule.9US EPA. Lead Renovation, Repair and Painting Program

Fire Code Inspections

Fire prevention inspections fall under Chapter 22 of the county code and are handled by the Department of Fire and Rescue Services through its Division of Fire Prevention. Inspectors enforce requirements covering fire alarms, sprinklers, extinguishing equipment, fire escapes, exit adequacy, and the storage or handling of flammable, toxic, or hazardous materials.10Montgomery County Code. Montgomery County Code Chapter 22 – Fire Safety Code

Access rules split along a clear line. Fire officials with proper credentials can enter commercial buildings and the common areas of multifamily properties during business hours without the occupant’s consent. Individual dwelling units are different: officials need the occupant’s consent, a search warrant, or an active emergency such as a fire or explosion. For apartment landlords, that means hallways, boiler rooms, laundry rooms, and storage areas are always accessible to inspectors, but the units themselves have stronger privacy protections.

How to Schedule an Inspection

DPS handles inspection scheduling through its online eServices portal. You log in with your email account, enter the permit number, and select the inspection types linked to your project. The system shows dates based on inspector workload.11Montgomery County Permits. DPS eServices – Login

The cutoff is noon. Submit before 12:00 PM and you can pick the next day. Submit after noon and the earliest date is two days out. You cannot request a specific time slot or window. The system assigns an inspector and returns a name, phone number, and confirmation number, though the assigned inspector may change on the morning of the visit as workloads shift.12Montgomery County. Montgomery County Department of Permitting Services – Scheduling an Inspection If a next-day commercial inspection request will not go through before noon, call the Montgomery County Service Center at 240-777-0311.

What to Have Ready Before the Inspector Arrives

Most failed visits come down to preparation. The basics:

  • Post the active permit where the inspector can see it and keep the permit number handy.
  • Keep the stamped, approved plan set on the job site. The inspector compares the physical work against those plans.
  • Leave the work fully exposed and at the correct stage. Drywall over unapproved framing comes down at your expense.
  • Unlock everything. Gates, utility closets, and crawl spaces need to be open, and someone must be present if the property is occupied.

And do not forget the paired-inspection rule. If you are scheduling a framing inspection, the electrical rough-in and mechanical close-in inspections must be on the calendar for the same visit, or the framing inspection will be disapproved.2Montgomery County Permits. Online Application Search – Inspection Request

Failed Inspections and What Follows

Inspectors log results in the county database after the site visit and usually leave a notice. Results show up in eServices as passed, failed, or partial, and an automated email goes to the primary contact on the permit.

A failed inspection comes with a specific list of code violations, and every item must be corrected before a follow-up visit. Continuing construction after a failure without addressing the deficiencies invites a stop-work order. DPS has stated that serious violations, and cases where compliance is not obtained in a timely manner, can result in legal action, work being stopped, or other enforcement measures.13Montgomery County Department of Permitting Services. Code Compliance

DPS does not charge flat fees for violations, but fines may be issued through civil citations, with amounts varying by the type, location, and severity of the violation.

Fines by Violation Class

Montgomery County sorts code violations into three tiers. Any violation without a specific penalty assigned defaults to Class A, which is the most serious.14Montgomery County Code. Montgomery County Code Sec. 1-19 – Fines and Penalties

  • Class A: up to $1,000 criminal fine and six months in jail, or a civil penalty of $500 for a first offense and $750 for repeat offenses.
  • Class B: up to $200 criminal fine and 30 days in jail, or a civil penalty of $100 for a first offense and $150 for repeat offenses.
  • Class C: up to $50 criminal fine, or a civil penalty of $50 for a first offense and $75 for repeat offenses.

The enforcing agency decides whether to treat a violation as a criminal misdemeanor or a civil citation. In practice, most building code issues are handled civilly unless the violation is egregious or creates immediate safety hazards. Renting without a license is a Class A violation with the $500 first-offense civil penalty.6Montgomery County. Rental License – Department of Housing and Community Affairs

The Use-and-Occupancy Permit

A use-and-occupancy permit is required before any building, structure, or land in Montgomery County can be used or converted from one use to another. Changing a commercial space from retail to a restaurant, converting a garage to living space, or moving into a newly built home all require this permit. Only three narrow exemptions apply: land or buildings used exclusively for agriculture, uses that had a valid occupancy permit issued before June 1, 1958, and transitory uses.15Montgomery County Code. Montgomery County Code Sec. 8-28 – Certificate of Use and Occupancy

This is the endpoint of the whole inspection sequence. Each phase inspection during construction builds toward the final use-and-occupancy certificate. Without it, the space cannot be legally occupied no matter how finished it looks.