Jump to Content
§ 31-4 Adoption of International Building Code 2012.
The International Building Code 2012, Chapters 1 through 26,
28, and 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 2012 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 2012 shall be "the City of Havre
de Grace."
B. Section
101.2 is amended by adding the following exception:
|
"2. Existing buildings undergoing repair, alterations or additions
and/or change of occupancy shall comply with the current International
Existing Building Code, as set forth and amended by the State of Maryland
and as appears in the Maryland Building Rehabilitation Code, COMAR
05.16 et seq."
|
|
|
The term "existing buildings" is defined in COMAR 05.16.01.04B(15).
|
C. Section
101.4.1: Replace the reference to the "International Fuel Gas Code"
with the "Harford County Plumbing Code."
D. Section
101.4.3, 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."
E. Section
101.4.5 shall read as follows: "The provisions of the State of Maryland
Fire Prevention Code
Editor's Note: See COMAR 29.06.01.01 et seq.
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."
F. Section
101.4.6 shall read as follows: "The provisions of the Maryland Energy
Conservation Building Standards Act
Editor's Note: See the Public Utilities Article of the
Annotated Code of Maryland, § 7-401 et seq.
shall apply to all matters governing the design and construction
of buildings for energy efficiency."
G. 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.
H. 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."
I. Add
a new Section 104.12, Restriction of employees, to read: "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."
J. Section
105.1, Required permits. 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."
K. Section
105.1.1, Annual permit, shall be deleted.
L. Section
105.1.2, Annual permit records, shall be deleted.
M. Section
105.2, Work exempt from permit, shall be deleted.
N. Section
105.5, Expiration: "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."
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, 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 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 notification, the property
owner may be subject to an additional fine equal to the required permit
fees, not to exceed $1,000."
T. Add
Section 110.1.1, Approval of inspections or permits. 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 in
compliance with City administrative procedures and policies, as determined
by the Director.
U. Add
new Section 110.3.8.1, Hazardous materials inspection, to read: "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. Add
a new Section 110.7, Standards, to read: "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 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
present at a hearing and 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
Editor's Note: See Ch. 25, Boards, Committees and Commissions,
Art. III, Board of Appeals.
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 chapter; 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) to have 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 chapter; 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 chapter
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 civil proceeding
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 any order or directive made pursuant
hereto.
|
|
|
d.
|
In addition to the other provisions set out in this chapter,
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 2012 or to correct
violations of the International Building Code 2012, 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 116.6, Abatement to read: "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 issuance 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 406.3.4 is amended by deleting in Item 1 "1/2-inch (12.7
mm)" and inserting in lieu thereof "5/8-inch (15.9 mm)" in the third
line.
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 1503.7, Drip edge, to read "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.
Editor's Note: See Ch. 78, Floodplain Management.
)
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 2304.9.1, Fastening Schedule, Number 19: Add the following
language: "Applicably sized hurricane top plate anchors are mandatory."
LL. Section 3103.1.1, Permit required, shall read: "Permits shall be
required for temporary structures in accordance with applicable codes."
MM. 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."
NN. 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."
OO. Section 3202.3.3, Encroachments 15 feet or more above grade, shall
be deleted.
PP. Add a new Section 3301.3, Housekeeping, to read: "Rubbish and trash
shall not be allowed to accumulate on construction sites 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. Vegetation
and weeds shall be properly maintained in accordance with the International
Property Maintenance Code."
QQ. Section 3401.5, Alternative compliance, is amended by adding: "or
the Maryland Building Rehabilitation Code (MBRC) set forth in COMAR
05.16.01 through 05.16.01.08" between the words "Code" and "shall"
in the second line.
RR. Section 3412.2, Applicability: The date in the first line shall be
"October 7, 1957."
SS. Appendixes A, B, D, E and J shall be deleted.
TT. Appendix G, Flood-Resistant Construction: In case of conflicts, the
order of compliance is Federal Emergency Management Agency regulation,
Maryland Department of the Environment regulation, City of Havre de
Grace ordinances, and Appendix G last.
UU. 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: reference to "NFPA 70" in line three shall be
replaced with "Harford County, Maryland, Electrical Code."
(4) Section
H106.2, Electrical service: reference to "NFPA 70" shall be replaced
with "Harford County, Maryland, Electrical Code."
(5) Section
H115, REFERENCED STANDARDS: reference to "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,
Editor's Note: See Ch. 151, Signs.
the City of Havre de Grace Sign Ordinance shall prevail.
|
§ 31-6 Saving clause.
Nothing in this chapter or in the International Building Code
2012 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 chapter.