Town of Indian Head, MD Energy Conservation Code

The International Energy Conservation Code 2018, as adopted by § 170-17, is modified as set forth below:

In the second line of Section (101.1) C101.1 on page C-3, in the space labeled "[NAME OF JURISDICTION]," insert "the Town of Indian Head."

Section C107.1 on page C-6 is revised to read as follows:

C107.1 Referenced Standards. The standards and portions thereof, referenced in this code and listed in Chapter 19, Article II, shall be considered part of the requirements of this code to the prescribed extent of each such reference, except to the extent that any of such standards have been expressly modified in the Code of the Town of Indian Head. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.

Section C107.1.1 on page C-6 is revised to read as follows:

C107.1.1 Conflicting Provisions. Except as otherwise provided in Section 107.2, in any situation where a provision of this code conflicts with the provision of any other law, ordinance, code or regulation, the provision which establishes the higher standard for the promotion and protection of the public health, safety and welfare shall prevail, regardless which may have been enacted first.

New Sections C109.1 and C109.2 are added on page C-6, to be under the new Section C110, "Enforcement," and to read as follows:

Section C110 Enforcement
110.1 Violations and Penalties.
1.	Knowing and intentional violations of this code or of any order or directive of the Code Official, or the erection, installation, alteration or repair of work in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under this code, are declared to be misdemeanors. Any person who knowingly and willfully commits any of these acts shall, upon conviction, be subject to a penalty as set of forth in Chapter 1, Article II, and particularly § 1-5, of the Code of the Town of Indian Head (as amended). Each day that one of these acts continues is a separate offense.
2.	Except as provided in Paragraph 1 above, violations of this code, or of an order or directive of the Code Official, or the erection, installation, alteration or repair of mechanical work in violation of the approved construction documents or directive of the Code Official, or a permit or certificate issued under this code, are declared to be municipal infractions and shall be subject to the penalties and procedures as provided in Chapter 1, Article II, and particularly § 1-6, of the Code of the Town of Indian Head (as amended). The fine for each violation shall be $400 for each initial violation and $400 for each day thereafter that the violation continues. Each day that one of the acts continues is a separate offense.
111.2 Prosecution. In addition to the penalties provided for in Section 110.1, in case of any unlawful acts under this code, the Code Official, with the approval of the Town Manager of the Town, may institute in the name of the Town an appropriate civil action or proceeding against the person responsible for the violation for the purpose of ordering that person:
1.	To restrain, correct or remove the violation or refrain from further execution of work;
2.	To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
3.	To require the removal of work in violation; or
4.	To prevent, or to require the termination of removal of, the occupancy of the structure that is not in compliance with the provisions of this code or any order or direction made pursuant thereto.

Add new Section C111, Liability and Defense, on page C-6 to read as follows:

Section C111

Liability and Defense

C 111.1 Liability. The Code Official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the Town in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

C111.2 Legal Defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the Town.

The definition of "Code Official" as contained in Section 202 on page C-8 is revised to read as follows:

Code official. The Code Enforcement Officer of the Town, or such other person as the Town's Town Manager designates.

Delete all references to the "International Fire Code" and replace with the "State Fire Code of Maryland."

In the event of a conflict between the International Energy Conservation Code 2018 and the 2017 National Electric Code, the 2017 National Electric Code shall prevail.