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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.
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 22.214.171.124, 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:
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.
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.
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.
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.
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.
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.