City of Havre de Grace, MD
Harford County
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Table of Contents
Table of Contents

§ 31-4 Adoption of International Building Code 2015.

The International Building Code 2015, Chapters 1 through 26, 28, 30 through 35, along with Appendixes C, F, G, H and I, as amended, as published by the International Code Council, Inc., a copy of which is on file with the Department of Planning of the City of Havre de Grace, is hereby adopted by the Mayor and City Council of the City of Havre de Grace, Maryland, for the purpose of protecting the public health, safety and welfare of the citizens of the City of Havre de Grace.

§ 31-5 Amendments.

The International Building Code 2015 shall be adopted with the following amendments:
A. 
The name of the jurisdiction in the second line of Section 101.1 on page 1 of the International Building Code 2015 shall be "the City of Havre de Grace."
B. 
Section 101.4.1: Replace reference to the "International Fuel Gas Code" with the "Harford County Plumbing Code."
C. 
Section 101.4.3: The first sentence shall read as follows: "The provisions of the Harford County, Maryland, Plumbing Code shall apply to the installation, alterations, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system."
D. 
Section 101.4.5 shall read as follows: "The provisions of the State of Maryland Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation."
E. 
Section 101.4.6 shall read as follows: "The provisions of the Maryland Energy Conservation Building Standards Act shall apply to all matters governing the design and construction of buildings for energy efficiency."
F. 
Section 102.6: Reference to the "International Fire Code" shall be changed to the "State of Maryland Fire Prevention Code and NFPA 101 and NFPA 1," and reference to the "International Property Maintenance Code" shall be as amended by this code.
G. 
Section 103 shall be entitled "Division of Inspection Services"; and Section 103.1 shall read as follows: "Creation of enforcement agency. The Director of the Department of Planning or the Director's designee is hereby designated as the Building Official or Code Official and shall be in charge of all matters related to building inspections."
H. 
Add a new Section 104.12, Restriction of employees: "An official or employee connected with the Department of Planning shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Department."
I. 
Section 105.1, Required: Add to the end of the section the following: "A commercial use and occupancy permit will be required for any change in ownership and/or tenancy."
J. 
Section 105.1.1, Annual permit, shall be deleted.
K. 
Section 105.1.2, Annual permit records, shall be deleted.
L. 
Section 105.2, Work exempt from permit, shall be deleted.
M. 
Section 105.5, Expiration, shall read as follows: "A permit shall be deemed to be expired and void if the work on the site authorized by said permit is not commenced within 180 days after its issuance, or if the work authorized on the site by such permit is commenced but is suspended or abandoned for a period of 180 consecutive days after the work is commenced. The Building Official may grant one extension for a period of 90 days to commence work on the site if requested in writing and showing justifiable cause prior to permit expiration."
N. 
Add a new Section 105.5.1, Void: "Any permit which has been applied for and not issued within 180 days of application, or expired after issuance, and on which no work has begun shall be deemed void. No refunds will be issued on any permits, unless the permit has been canceled in writing by the applicant within 30 days of the date of original application, less a $100 administrative fee, or permit fee, whichever is less. In no case will water and sewer cost recovery fees be refunded or transferred."
O. 
Section 105.7, Placement of permit, shall read as follows: "The building permit or copy shall be kept on the site of the work, and displayed in plain view where appropriate, until the completion of the project and final inspections are approved."
P. 
Section 106, Floor and Roof Design Loads, shall be deleted in its entirety.
Q. 
Section 107.1, General, is amended by adding the following to the end of the section: "Where required by the Building Official, all braced wall lines shall be identified on the construction documents and all pertinent information, including, but not limited to, bracing methods, location and length of braced wall panels, and foundation requirements of braced wall panels at top and bottom, shall be provided."
R. 
Section 109.2 shall read as follows: "Building permit fees. Fees for permits shall be based upon the valuation of staff time required to execute plan examinations, permit reviews and site inspections and shall be established by the Mayor and City Council from time to time."
S. 
Section 109.4, Work commencing before permit issuance, shall read as follows: "Any person who demolishes any building or structure, or commences any work on a building, structure or property, or opens a new business before obtaining the necessary permits shall be subject to a fee equal to double the required permit fee and may be guilty of a municipal infraction or a misdemeanor. If the permit is not applied for with the appropriate fees paid within 10 days of documented notification, the property owner shall be subject to an additional fine equal to the required permit fees for each thirty-day period the permit is not applied for, not to exceed $1,000, and shall be collected as ad valorem taxes."
T. 
New Section 110.1.1, Approval of inspections or permits, shall be added as follows: "Any inspection or permit approval provided by the City is not a warranty of construction or workmanship. New permit applications may be placed on hold if the applicant or property owner has other open permits that are not compliant with City administrative procedures and policies, as determined by the Director."
U. 
New Section 110.3.8.1, Hazardous materials inspection, shall be added as follows: "As deemed necessary by the Building Official, approval from the Harford County Hazardous Materials Team, or its designee, may be required prior to a use and occupancy permit being issued."
V. 
New Section 110.7, Standards, shall be added as follows: "All buildings, structures and appurtenances thereto shall be constructed strictly in compliance with accepted engineering practices. All members and components of the structure shall be installed, fitted or fastened, moved or stored in such a manner that the full structural capabilities of the members are obtained. Improper alignment (level and square), fitting, fastening or methods of construction shall be considered a violation of this code."
W. 
Section 111.2, Use and occupancy certificate issued, shall read as follows: "The Building Official, or designee, shall sign and date the office copy of the permit application and zoning certificate for use and occupancy upon completion and approval of all required inspections for which the permit was applied for. A copy of the certificate with the use and occupancy approval shall be made available to the applicant."
X. 
Section 113.1, Board of Appeals — general, shall read as follows: "Any person affected by any decision or notice which has been issued by the City in connection with the enforcement of any provision of this code, or of any rule or regulation adopted pursuant hereto, or any person who desires to appeal a decision made pursuant hereto, or who requests a variance from the terms hereof, or who requests an interpretation of the terms hereof, may file an appropriate application with the Board of Appeals of the City of Havre de Grace in accordance with the Board of Appeals Ordinance contained in the Codified Ordinances of the Mayor and City Council."
Y. 
Board of Appeals Sections 113.2 through 113.3 are deleted.
Z. 
Section 114.4, Violation penalties, shall read as follows:
a.
Any person who shall be adjudged to have (1) violated any of the provisions of this ordinance; or (2) failed to comply herewith or permitted or maintained such a violation; or (3) violated or failed to comply with any order made hereunder; or (4) built in violation of any details, statements, specifications or plans submitted or approved hereunder; or (5) failed to operate in accordance with the provisions of any certificate, permit, or approval issued hereunder shall, severally for each violation and noncompliance respectively, be guilty of a municipal infraction, for which a fine not to exceed $1,000 may be imposed for each such infraction, payable to the City of Havre de Grace, with costs imposed in the discretion of the court. Each day that an infraction continues after notice has been served shall be deemed a separate infraction. The imposition of a fine for any violation shall not excuse the violation, nor shall the violation be permitted to continue. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.
b.
Any person who shall be convicted of willfully (1) violating any of the provisions of this ordinance; or (2) failing to comply herewith or permitting or maintaining such a violation; or (3) violating or failing to comply with any order made hereunder; or (4) building in violation of any details, statements, specifications or plans submitted or approved hereunder; or (5) failing to operate in accordance with the provisions of any certificate, permit, or approval issued hereunder shall, severally for each violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 and imprisonment not exceeding 90 days for each violation, with costs imposed in the discretion of the court. Each day that a violation continues after notice has been served shall be deemed a separate offense. The imposition of punishment for any violation shall not excuse the violation, nor shall the violation be permitted to continue. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.
c.
Any order or notice issued or served as provided in this ordinance shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains. Every order or notice shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or property, immediate compliance shall be required. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
d.
In addition to the other provisions set out in this ordinance, the City of Havre de Grace may institute injunctive, declaratory or any other appropriate action or proceedings at law or equity for the enforcement of the International Building Code 2015 or to correct violations of the International Building Code 2015, and any court of competent jurisdiction has the right to issue restraining orders, temporary or permanent injunctions or declaration of rights or other appropriate forms of remedy or relief.
e.
All provisions of Article 23A, Section 3, of the Annotated Code of Maryland relating to municipal infractions are incorporated in this chapter. In the event of any inconsistency between this Section 114.4 and Article 23A, Section 3, the provisions in Article 23A, Section 3, shall prevail.
AA. 
Section 115.2, Issuance, shall read as follows: At the end of the first sentence, add the following phrase "or posted conspicuously on the property."
BB. 
Section 115.3, Unlawful continuance, shall read as follows: "Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties set forth in this code."
CC. 
Add a new section: Section 116.6, Abatement: "If a person who has been issued an order under this section fails, within the time limit specified in a notice of violation or order, to abate the unsafe condition or violation as directed, the Department of Planning may take whatever abatement action that may be necessary by use of City employees and equipment and/or by contract with private contractors. The cost and expense of abating the unsafe condition shall be certified by the Department of Planning. These charges shall constitute a lien upon the real property and shall be collectible in the same manner as real property taxes with the same priority, interest and penalties. Initiation of abatement action shall not preclude the commencement of any other action or legal proceedings authorized or permitted under this code, the laws of the State of Maryland and the common law."
DD. 
Section 1020.1 is amended by adding the following exception: "6. Corridors contained within a single tenant space."
EE. 
Chapter 11, Accessibility, is deleted in its entirety and is replaced with the Maryland Accessibility Code set forth in COMAR 05.02.02 et seq.
FF. 
Section 1503.4.3, Gutters: Add to the existing section: "Gutters and downspouts shall be provided on all roofed structures having a horizontal building plane area exceeding 240 square feet. They shall be sized to accommodate runoff from the roof area and in accordance with manufacturer's specifications. Stormwater outfall from downspouts shall not be discharged in a manner that detrimentally impacts adjoining properties."
GG. 
Add a new section, Section 1503.7, Drip edge: "Noncorrosive roof edging shall be provided at roof edges and shall cover the upper edges of the roof sheathing and fascia."
HH. 
Figure 1608.2 is amended by adding the following note: "The ground snow load, pg, for Harford County, Maryland, shall be 30 psf.
II. 
Section 1612.3, Establishment of flood hazard areas, shall be deleted: (see the City of Havre de Grace Floodplain Ordinance).
JJ. 
Section 1809.5, Frost protection, is amended by deleting Method 1 and inserting in lieu thereof: "1. Extending below the frost line established as 30 inches below final grade."
KK. 
Table 2304.10.1, Fastening Schedule: in Number 6, add the following language: "Applicably sized hurricane top plate anchors are mandatory."
LL. 
Section 3103.1.2, Permit required, shall read: "Permits shall be required for temporary structures in accordance with applicable codes."
MM. 
Section 3109.1 is hereby deleted, and the following is inserted in lieu thereof: "3109.1 General. The provisions of this section shall apply to the design of barriers for pools and spas. No property owner or contractor shall fill a new swimming pool or spa with water until a permanent or temporary barrier has been approved by the Building Official or Building Inspector. A temporary barrier may remain in place for no more than 30 days unless approved by the Building Official. See attached Exhibit A for barrier drawing examples."
NN. 
Section 3109.4 is amended by deleting "3109.4.3" in the third line and replacing it with "3109.4.15" and by deleting the exception in its entirety.
OO. 
Sections 3109.4.1 through 3109.5 are hereby deleted, and the following is inserted in lieu thereof:
3109.4.1 Barrier height and clearances. Barrier heights and clearances shall be in accordance with all of the following:
1.
The top of the barrier shall be not less than 48 inches (1,219 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of three feet (914 mm) measured horizontally from the outside of the required barrier.
2.
The vertical clearance between grade and the bottom of the barrier shall not exceed two inches (51 mm) for grade surfaces that are not solid, such as grass or gravel, measured on the side of the barrier that faces away from the pool or spa.
3.
The vertical clearance between the bottom of the barrier and a solid surface below the barrier, such as concrete, shall not exceed four inches (102 mm), measured on the side of the required barrier that faces away from the pool or spa.
4.
Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade or shall be mounted on top of the pool or spa structure. Where the barrier is mounted on the top of the pool or spa, the vertical clearance between the top of the pool or spa and the bottom of the barrier shall not exceed four inches (102 mm).
3109.4.2 Openings. Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere.
3109.4.3 Solid barrier surfaces. Solid barriers that do not have openings shall not contain indentations or protrusions that form handholds and footholds, except for normal construction tolerances and tooled masonry joints.
3109.4.4 Mesh fence as a barrier. Mesh fences, other than chain-link fences in accordance with Subsection 3109.4.7, shall be installed in accordance with the manufacturer's instructions and shall comply with the following:
1.
The bottom of the mesh fence shall be not more than one inch (25 mm) above the deck or installed surface or grade.
2.
The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not permit the fence to be lifted more than four inches (102 mm) from grade or decking.
3.
The fence shall be designed and constructed so that it does not allow passage of a four-inch (102 mm) sphere under any mesh panel. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not be more than four inches (102 mm) from grade or decking.
4.
An attachment device shall attach each barrier section at a height not lower than 45 inches (1,143 mm) above grade. Common attachment devices include, but are not limited to, devices that provide security equal to or greater than that of a hook-and-eye-type latch incorporating a spring-actuated retaining lever such as a safety gate hook.
5.
Where a hinged gate is used with a mesh fence, the gate shall comply with Subsection 3109.4.11.
6.
Patio deck sleeves, such as vertical post receptacles, that are placed inside the patio surface shall be of a nonconductive material.
7.
Mesh fences shall not be installed on top of on-ground residential pools.
3109.4.5 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
3109.4.6 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall not exceed four inches (102 mm). Where there are decorative cutouts within vertical members, the interior width of the cutouts shall not exceed 1 3/4 inches (44 mm).
3109.4.7 Chain-link dimensions. The maximum opening formed by a chain-link fence shall be not more than 1 3/4 inches (44 mm). Where the fence is provided with slats fastened at the top and bottom which reduce the openings, such openings shall be not more than 1 3/4 inches (44 mm).
3109.4.8 Diagonal members. Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches (44 mm). The angle of diagonal members shall be not greater than 45° (0.79 rad) from vertical.
3109.4.9 Clear zone. There shall be a clear zone of not less than 36 inches (914 mm) between the exterior of the barrier and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the barrier.
3109.4.10 Poolside barrier setbacks. The pool or spa side of the required barrier shall be not less than 20 inches (508 mm) from the water's edge.
3109.4.11 Gates. Access gates shall comply with the requirements of Subsections 3109.4.1 through 3109.4.3 and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool or spa, shall be self-closing and shall have a self-latching device.
3109.4.11.1 Utility or service gates. Gates not intended for pedestrian use, such as utility or service gates, shall remain locked when not in use.
3109.4.11.2 Double or multiple gates. Double gates or multiple gates shall have at least one leaf secured in place, and the adjacent leaf shall be secured with a self-latching device. The gate and barrier shall not have openings larger than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the latch release mechanism. The self-latching device shall comply with the requirements of Subsection 3109.4.11.3.
3109.4.11.3 Latches. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from grade, the release mechanism shall be located on the pool or spa side of the gate not less than three inches (76 mm) below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
3109.4.12 Structure wall as a barrier. Where a wall of a dwelling or structure serves as part of the barrier and where doors or windows provide direct access to the pool or spa through that wall, one of the following shall be required:
1.
Operable windows having a sill height of less than 48 inches (1,219 mm) above the indoor finished floor and doors shall have an alarm that produces an audible warning when the window, door or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017. In dwellings or structures not required to be accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located 54 inches (1,372 mm) or more above the finished floor. In dwellings or structures required to be accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1,372 mm) and not less than 48 inches (1,219 mm) above the finished floor.
2.
A safety cover that is listed and labeled in accordance with ASTM F 1346 is installed for the pools and spas.
3.
An approved means of protection, such as self-closing doors with self-latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by Item 1 or 2.
3109.4.13 On-ground residential pool structure as a barrier. An on-ground residential pool wall structure or a barrier mounted on top of an on-ground residential pool wall structure shall serve as a barrier where all of the following conditions are present:
1.
Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 48 inches (1,219 mm) above grade for the entire perimeter of the pool, the wall complies with the requirements of Subsection 3109.4 and the pool manufacturer allows the wall to serve as a barrier.
2.
Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 48 inches (1,219 mm) above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Subsection 3109.4.
3.
Ladders or steps used as means of access to the pool are capable of being secured, locked or removed to prevent access except where the ladder or steps are surrounded by a barrier that meets the requirements of Section 3109.
4.
Openings created by the securing, locking or removal of ladders and steps do not allow the passage of a four-inch (102 mm) diameter sphere.
5.
Barriers that are mounted on top of on-ground residential pool walls are installed in accordance with the pool manufacturer's instructions.
3109.4.14 Natural barriers. In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water's edge not less than 18 inches (457 mm), a barrier is not required between the natural body of water shoreline and the pool or spa.
3109.4.15 Natural topography. Natural topography that prevents direct access to the pool or spa area shall include, but not be limited to, mountains and natural rock formations. A natural barrier approved by the governing body shall be acceptable, provided that the degree of protection is not less than the protection afforded by the requirements of Subsections 3109.4 through 3109.14.
3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Subsection 3109.4.12.
PP. 
New Section 3109.6, Entrapment avoidance, shall be added as follows: "Suction outlets shall be designed and installed in accordance with ANSI/APSP-7."
QQ. 
New Section 3109.7, Pool installation, shall be added as follows: "Any pool installation requiring grading or excavation as part of the installation will be required to erect silt fencing completely around the area to be graded or excavated. No fill or excavated material shall be distributed or placed in a manner which would affect stormwater runoff to neighboring properties."
RR. 
Section 3201.3, Other laws: A second sentence shall be added as follows: "No encroachment into the public right-of-way for construction or installation of any structure may take place without prior approval by the Mayor and City Council."
SS. 
Section 3201.4, Drainage, shall read: "Drainage water collected from a roof, awning, canopy or marquee, foundation drains, sump pump, fresh water ground springs resulting from new construction or grading, and condensation from mechanical equipment shall not flow over a public walking surface."
TT. 
Section 3202.3.3, Encroachments 15 feet or more above grade, shall be deleted.
UU. 
Add a new section, Section 3301.3, Housekeeping: "Rubbish and trash shall not be allowed to accumulate on construction sites or other premises and shall be stored in approved secured containers and removed as soon as conditions warrant. Combustible rubbish shall be removed promptly and shall not be disposed of by burning on the premises or within City limits. Unused or discarded construction materials must be removed from the construction site immediately following project completion or when a permit is void. Vegetation and weeds shall be properly maintained in accordance with the IPMC."
VV. 
Appendixes A, B, D, E, and J shall be deleted.
WW. 
Appendix G, Flood-Resistant Construction: In case of conflicts, the order of compliance is Federal Emergency Management Agency regulation, Maryland Department of the Environment regulations, City of Havre de Grace ordinances, and Appendix G last.
XX. 
Appendix H, Signs: shall be amended as follows:
(1) 
Section H101.2, Signs exempt from permits, shall be deleted.
(2) 
Section H104, Identification, shall be deleted.
(3) 
Section H106.1, Illumination: The reference to "NFPA 70" in line three shall be replaced with Harford County, Maryland, Electrical Code."
(4) 
Section H106.2, Electrical service: The reference to "NFPA 70" shall be replaced with "Harford County, Maryland, Electrical Code."
(5) 
Section H115, Referenced Standards: Reference to the "National Electrical Code" shall be replaced with "Harford County, Maryland, Electrical Code."
In case of conflicts between any of the above with the City of Havre de Grace Sign Ordinance, the City of Havre de Grace Sign Ordinance shall prevail.

§ 31-6 Saving clause.

Nothing in this article or in the International Building Code 2015 hereby adopted shall be construed to affect any existing suit or proceeding pending in any court, or any vested rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed, and any amendments thereto; nor shall any preexisting legal right or remedy of any character be lost, impaired or affected merely by the passage of this article.