A Stop Work order has been issued by the Montgomery County Department of Permitting Services at On Saint Elmo, the restaurant and bar opening soon at 4915 St. Elmo Avenue in downtown Bethesda. The DPS inspector cited the issue as a violation of County Code Section 8 24-a. That statute relates to the required application for, and approval of, construction permits.
Section 8 24-a states that, "It is unlawful to construct, enlarge, alter, remove or demolish a building or change the occupancy of a building from one use group to another requiring greater strength, exitway or sanitary provisions; or to change to a prohibited use; or create or alter any ownership unit when a use under an occupancy certificate or a structure exists on the parent lot; or to install or alter any equipment for which provision is made or the installation of which is regulated by this chapter, without first filing an application with the department in writing and obtaining the required permit therefore; except, that ordinary repairs as defined in Section 8-3 which do not involve any violation of this Chapter are exempt from this provision."
The interior fit-out of the restaurant has taken over a year to complete so far, beginning in May 2022, so the Stop Work order means further delay. Violators may appeal Stop Work orders to the Montgomery County Board of Appeals within 30 days of issuance.
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