[Amended 7-2-2015 by Ord.
No. 673; 2-3-2022 by Ord. No. 727]
The following sections of the Building, Residential, Gas, Mechanical,
Plumbing, Electrical, Existing Building, Energy Conservation and Accessibility
codes are hereby amended, described, and shown as follows.
[Amended 7-2-2015 by Ord.
No. 673]
A.
Substitute "Town of Denton" for the phrase "Name of Jurisdiction"
wherever it appears in the codes.
B.
Substitute "the Town of Denton Director of Planning or his designee"
for phrases "chief appointing authority of the jurisdiction" and "chief
authority" wherever they appear in the codes.
C.
Substitute "Denton Planning and Codes" for the term "Department of
Building Safety" wherever it appears in the codes.
D.
Substitute the National Standard Plumbing Code as adopted by the
State of Maryland Building Performance Standards (COMAR 09.20.01)
for all references to plumbing code.
[Amended 11-7-2019 by Ord. No. 703; 2-3-2022 by Ord. No. 727]
E.
Substitute the International Mechanical Code with local amendment
and as amended and adopted by the State of Maryland Building Performance
Standards (COMAR 09.20.01) for all references to mechanical code.
[Amended 11-7-2019 by Ord. No. 703; 2-3-2022 by Ord. No. 727]
F.
Substitute local amendment to the Town of Denton Fire Prevention Code, Chapter 58 of the Denton Town Code, and the provisions of the Maryland Fire Prevention Code (COMAR 29.06.01), including NFPA101 Life Safety Code, as adopted by the State of Maryland for all references to fire code.
G.
Substitute the Maryland Accessibility Code as adopted by the State
of Maryland (COMAR 9.12.53) for all references to accessibility code.
[Amended 11-7-2019 by Ord. No. 703; 2-3-2022 by Ord. No. 727]
H.
Discrepancies and Inconsistencies. In the event of inconsistencies
or discrepancies between the provisions of these articles and any
Town Code, the more stringent shall govern. The building official
or his designee shall have the authority to make determination of
or act on matters where there is a discrepancy or conflict with this
and any another section of the Town Code.
The following requirements are in addition to and in accordance
with the applicable sections of the building codes governing the issuance
of a certificate of use and occupancy:
A.
A certificate of use and occupancy is required for all changes of
use, and for structures undergoing alterations. Structures undergoing
alterations shall be governed by Section 101.5 of the International
Existing Building Code in applicable part. An occupancy permit is
required if there is a change in use, even if there is no alteration
or construction. A use and occupancy permit is required if there is
a change in ownership only if the Building Official, or his designee,
determines that certain existing conditions pose an imminent threat
to the public health, safety, or welfare.
[Amended 2-3-2022 by Ord. No. 727]
B.
All applicable fees shall be paid at the time of the permit application.
The fees are nonrefundable and nontransferable. The fee schedule shall
be established by the Mayor and Town Council.
C.
The use and occupancy permit shall be issued only after the Denton
Public Works, the Department of Planning and Codes, the Fire Department,
and Health Department, where applicable, have inspected the site and
verified that the structures and the site meet the Town of Denton
standards and specifications, and are in accordance with the approved
building permit application, and any applicable laws and regulations.
D.
The Building Official, or his designee, may suspend or revoke any
use and occupancy certificate for any violations of the Town Code,
for unsafe conditions, violations of issued permits, failure to obtain
final inspections and approvals, and for misrepresentation of facts
relied upon by the Town in issuing the Use and Occupancy certificate.
[Amended 2-3-2022 by Ord. No. 727]
E.
In addition to other remedies provided to the Town by law, a person
who violates this section shall be guilty of a municipal infraction
and is subject to a fine as established by resolution of the Mayor
and Town Council. All fines shall be paid in full prior to any further
inspections being made and prior to any permit issuance.
[Amended 2-3-2022 by Ord. No. 727]
A building, structure, or chimney, or part of a building, structure, or chimney, in a dilapidated or unsafe condition and which, in the opinion of the Building Official, or his designee, presents serious risk of injury to persons or property, is a nuisance and shall be razed or abated by the owner within ten days after notice to do so has been given to the owner by the Building Official or his designee. The owner is required to apply for a demolition permit as per § 38-5. If the owner, within ten days after receipt of the notice, has not razed the building, structure, or chimney or otherwise abated the nuisance, the owner is guilty of a municipal infraction and is subject to a fine as established by resolution of the Mayor and Town Council, and the nuisance shall be abated by the Town at the expense of the owner. The Building Official, or his designee, may authorize, in the interest of safety, the disconnect of water, gas, and electrical services to the building or structure.
[Amended 2-3-2022 by Ord. No. 727]
The following requirements are in addition to and in accordance
with the applicable sections of the Building Codes governing the applications:
A.
Both the owner and the contractor engaged to perform the work are
equally responsible for obtaining the required building permit.
B.
No building permit shall be issued prior to the issuance of a grading
permit, where applicable, or payment of all applicable impact or water
and sewer allocation fees as established by resolution of the Mayor
and Town Council.
C.
All building permit applications shall also include scaled drawings
showing the proposed location of the building, structure, or addition
on the lot and front yard, side yard, and rear yard dimensions to
the property line.
D.
All construction drawings and specifications submitted with a permit
application which indicates completion by an architect or engineer
shall be certified on each drawing and specification with the architect's
or engineer's Maryland seal, signature, and date.
E.
All structural evaluations including drawings shall be certified
by a registered Maryland structural engineer or architect in good
standing.
F.
All new and revised construction drawings and submittals requiring
review shall pay a fee as established by the Mayor and Town Council.
A.
No person, other than the owner of the property, shall perform work
as a building contractor, general contractor, or home improvement
contractor in the Town of Denton without first applying for and receiving
a license in the State of Maryland and/or Maryland Home Improvement
Commission (MHIC). Where required by the State, any person engaged
in the construction of new homes within the Town of Denton shall also
apply for and receive a Home Builder Registration (HBR). All work
performed in the Critical Area in the State of Maryland shall apply
for and receive a license from the Maryland Home Improvement Commission
(MHIC).
[Amended 2-3-2022 by Ord. No. 727]
B.
The Building Official, or his designee, may suspend, revoke, or withhold
permit applications or any issued permit for any irregularities in
installation, for unsafe or unworkmanlike installations, misrepresentation
of facts, failure to obtain permits, failure to obtain inspections,
ignoring or defacing stop-work orders, illegal occupancy, failure
to maintain a valid Maryland State license or for any violations of
the Building Code or applicable Town Code. No person shall use the
name or license of another contractor directly or indirectly to obtain
a permit, send in notices, make returns, or perform any work under
another person's license.
C.
A person who violates this section is guilty of a municipal infraction
and is subject to a fine as established by resolution of the Mayor
and Town Council.
A.
The owners of any improved property shall post on or about the property
numbers or letters designating the address assigned to the property
and maintain such posting during and after any improvements.
B.
The numbers or letters shall be at least four inches high, displayed
on contrasting background, and posted in order to be unobstructed
and clearly legible from the street named in the address of the property
and on the rear of the property when there is an alley.
[Amended 2-3-2022 by Ord. No. 727]
C.
For multifamily structures with alleys, the address shall be affixed
to the front and rear of the structure in numbers or letters at least
four inches high and shall be clearly legible from the street or public
way, and the designation of each dwelling unit shall be affixed to
the exterior door of the unit with numbers or letters at least four
inches high.
[Amended 2-3-2022 by Ord. No. 727]
D.
For a commercial property, the address shall be displayed in numbers
or letters at least six inches high, displayed on contrasting background,
and posted in order to be unobstructed and clearly legible from the
street named in the address of the property and also posted on rear
access door(s).
[Amended 2-3-2022 by Ord. No. 727]
E.
Owners of existing improved property shall have 30 days from the
notification date with the requirements of this section.
F.
A person who violates this section is guilty of a municipal infraction
and is subject to a fine per the schedule as established by resolution
of the Mayor and Town Council.
A.
There shall be no construction work or activity prior to the issuance
of an approved building permit unless specifically authorized by the
Building Official or his designee.
[Amended 2-3-2022 by Ord. No. 727]
B.
Upon approval of a building permit, the applicant shall be provided
with written notification to the address specified on the application
that the permit has been approved and is available for issuance.
[Amended 2-3-2022 by Ord. No. 727]
C.
The Building Official, or his designee, may require the owner to
provide a monetary guarantee in the form of a certified check, letter
of credit or performance bond for specific permits to guarantee completion
of the work.
D.
No construction activity or machinery shall start prior to 7:00 a.m.
during the weekdays, 8:00 a.m. on Saturday, or continue after 6:00
p.m. Monday through Saturday. There shall be no exterior construction
activities on Sundays.
E.
A person who violates this section is guilty of a municipal infraction
and is subject to a fine per the schedule established by resolution
of the Mayor and Town Council.
A.
Notwithstanding the provisions of Section 104 of the IBC and Section
R104 or elsewhere in the Town Code, enforcement of the Construction
Code is the duty of the Building Official or his designee.
B.
A person who commences any building, structure, or construction without
prior receipt of required building permit or inspection is guilty
of a municipal infraction and is subject to a fine per the schedule
as established by resolution of the Mayor and Town Council.
C.
Structures erected or alterations completed without a permit as required
shall be removed by the person performing the work within 24 hours
when ordered to do so by the Building Official or his designee.
The following requirements are in addition to and in accordance
with the applicable sections of the building codes governing the violations
and issuance of notifications:
A.
Unlawful acts. It shall be a municipal infraction for
any person, firm or corporation to erect, construct, alter, extend,
repair, move, remove, demolish or occupy any building, structure or
equipment regulated by this code, or cause the same to be done, in
conflict with or in violation of any of the provisions of this code.
B.
Notice of violation. The Building Official or his designee
is authorized to serve a notice of violation, notice to remedy, or
other order on the person responsible or the property owner for the
erection, construction, alteration, extension, repair, moving, removal,
demolition or occupancy of a building or a structure in violation
of the provisions of this code, or in violation of a detail statement
or a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition and the abatement
of the violation.
C.
Prosecution of violation. If the notice is not complied
with in the time prescribed by such notice, the Building Official
is authorized to issue a civil municipal citation and to institute
the appropriate proceedings by law or in equity to restrain, correct
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the building or structure in violation
of the provisions of this code or of the order or direction made pursuant
thereto. The Town Attorney is authorized to prosecute a violation
of any provision of this code.
D.
Proof of delivery of citation or notice. The Building
Official, or his designee, shall deliver the notice or citation to
the building owner and others responsible for the violation or infraction.
If the Building Official, or his designee, is unable to locate personally
the owner or others responsible for the violation or infraction, the
Building Official, or his designee, may post the citation or notice
in a conspicuous location on the property of the owner, visible from
a public right-of-way, and mail a copy of same to the owner or persons
responsible for the violation, which shall be sufficient as proof
of delivery and service.
E.
Violation penalties. Violations of this code shall be
a municipal infraction subject to a fine in accordance with the Department
of Planning and Codes Penalty Schedule. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense. In addition to said fine, the Town may request during the
adjudication of the infraction that the defendant abate the violation,
or in the alternative, to permit the Town to abate the violation at
the defendant's expense. Enforcement of this section shall be in accordance
with Article 23A, § 3(b) of the Maryland Annotated Code,
as amended from time to time.
[Amended 7-2-2015 by Ord.
No. 673]
F.
Unpaid expenses as a lien against real estate. Whenever,
pursuant to this code, a Building Official or his designee directs
a property owner to take an action to abate a violation of this code
and the property owner fails to do so in the time frame set forth
in the notice or pursuant to an order of the court, the Building Official,
or his designee, may cause such action to be performed, and the costs
thereof shall be a lien against the real estate and shall be collectible
in the same manner in which real estate taxes are collected, or the
Town Council may collect it by such other action at law as they deem
appropriate.
[Amended 7-2-2015 by Ord.
No. 673]
Section 113 of the International Building Code shall be replaced
in its entirety by the following provisions:
A.
113.1 General. For the purposes of this code, the Board of Appeals shall be the Board of Appeals established in the Town of Denton Zoning Ordinance § 128-163. All provisions governing the Board of Appeals with respect to the members, provisions for alternates, quorum, procedure, Chairman, term of office, etc., shall be applicable to appeals from this code. Review of the decision of the Board of Appeals shall also be in accordance with the Denton Zoning ordinance.
B.
113.2 Application for appeal. The application for appeal
shall be filed, in writing, on the form obtained from the Building
Official within 20 days after the notice of violation was served.
C.
113.3 Limitations on authority. Any application for
appeal shall be based on a claim that the true intent of this code
or the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or an equally good
or better form of construction is proposed. The Board shall have no
authority to waive requirements of this code.
D.
113.4 Administration. The Building Official, or his
designee, shall take immediate action in accordance with the decision
of the Board.
The following requirements are in addition to and in accordance
with the applicable sections of the building codes governing the applications
and fees:
[Amended 7-2-2015 by Ord.
No. 673]
The Town Clerk-Treasurer of the Town of Denton shall maintain
one copy of the Town Building Code on file in the Town office.
No section of the codes adopted herein shall be construed to
affect any suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action
acquired or existing, under any act or ordinance hereby repealed as
cited in these articles; nor shall any just or legal right or remedy
of any character be lost, impaired or affected by this article.
