Town of Leonardtown, MD
St. Marys County
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Table of Contents
Table of Contents
[HISTORY: Art. I adopted by the Commissioners (now Mayor and Council) of the Town of Leonardtown as indicated in article history. Subsequent articles adopted by the Mayor and Council of the Town of Leonardtown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Development impact fees — See Ch. 62.
Floodplain management — See Ch. 78.
Plumbing — See Ch. 107.
Subdivision regulations — See Ch. 131.
Zoning — See Ch. 155.
[Adopted 2-1-1939 by Ord. No. 16]

§ 48-1 Permit required.

No person, persons, firm or corporation shall erect any building or any additions to buildings within the corporate limits of Leonardtown without first making an application and receiving a permit to do so from the Commissioners of Leonardtown.[1]
[1]
Editor's Note: Pursuant to the 1989 Charter, the Commissioners of Leonardtown are now the Mayor and Council of the Town of Leonardtown.

§ 48-2 Application for permit.

All applications for permits shall be in writing, stating the proposed location, the size of the proposed building or addition to a building and the materials to be used in its construction, as well as the purpose for which it is to be used.

§ 48-3 Violations and penalties.

[Amended 3-14-1994 by Ord. No. 78]
Any person, persons, firm or corporation who or which shall violate the provisions of this article shall, upon conviction, be fined not less than $25 nor more than $1,000 for each and every day from the date that the building is commenced.
[Adopted 4-8-1991 by Ord. No. 67]

§ 48-4 Standards adopted.

The BOCA National Building Code, 1987, and Article 12 of the BOCA National Mechanical Code, 1987, as published by the Building Officials and Code Administrators International, Inc., (BOCA) and the CABO One- and Two-Family Dwelling Code, 1989, as published by the Council of American Building Officials (CABO), be and hereby are adopted collectively as the Building Code of Leonardtown, Maryland, for the construction, modification and repair of buildings and structures as herein provided, and each and all of the regulations, provisions, conditions and terms of said Building Code are hereby referred to, adopted and made a part hereof as if fully set out in this article, subject to certain provisions as set forth below.

§ 48-5 Subsequent amendments to codes.

Those subsequent amendments of the aforementioned codes are also adopted, upon review and acceptance by the Town Zoning Administrator.

§ 48-6 Special provisions and amendments.

Pursuant to the recommendation of the Building Code Committee, the following special provisions shall apply and shall supersede any contrary provisions in the Building Code as otherwise adopted:
A. 
The following minimum inspections shall be required for all buildings and structures governed by the Building Code:
(1) 
Footers and foundations.
(2) 
Framing.
(3) 
Insulation.
(4) 
Final.
B. 
Inspections conducted in the administration and enforcement of the Building Code shall, in the first instance, be arranged through the Leonardtown Office of Planning and Zoning by contract with an independent inspecting agency. Such inspections may also be conducted by various personnel employed by or assigned to the Office of Planning and Zoning or as provided for in Section 115.2.1 of the BOCA National Building Code, 1987. There shall be designated within the Office of Planning and Zoning a Building Code Official for the purpose of administering and enforcing the Building Code.
C. 
Costs for administering and enforcing the Building Code shall be financed through that portion of the user fee schedule associated with the issuance of building permits.
D. 
The Office of Planning and Zoning shall periodically conduct public information sessions concerning the provisions, administration and enforcement of the Building Code for contractors and other members of the public.
E. 
Section R-110 of the CABO One- and Two-Family Dwelling Code, 1989, is hereby deleted. A plot plan or construction plan shall not be required for construction of one- and two-family dwellings, except as may be required by the Building Code, notwithstanding any such provision to the contrary therein.
F. 
A plot plan or construction plan for the construction of other dwellings and the construction of commercial and industrial buildings and structures shall not be required by the Building Code, notwithstanding any such provision to the contrary therein.
G. 
With respect to one- and two-family dwellings (defined as Use Group R-4 structures in Section 309.5 of the BOCA National Building Code, 1987), the provisions of the CABO One- and Two-Family Dwelling Code, 1989, shall govern, except as otherwise provided herein.
H. 
Single-family owner-occupied dwellings and accessory buildings thereto may use ungraded lumber, provided that the materials are cut full size. Such lumber shall be capable of accommodating all loads imposed by Section R-201 of the CABO One- and Two-Family Dwelling Code, 1989, and all other load requirements for such dwellings under the Building Code.
I. 
The construction of buildings for agricultural purposes (defined as barns, equipment storage structures, crop storage and processing structures and livestock-housing storage structures) shall be required to conform to the provisions of the Building Code; however, electrical and plumbing service for such structures shall be installed in conformance with the appropriate provisions of the State and County Electrical and Plumbing Codes.
J. 
Section R-112 of the CABO One- and Two-Family Dwelling Code, 1989, shall govern construction of prefabricated and manufactured one- and two-family dwellings, except that framing and insulation inspections shall be required where the manufacturer provides a certification from either the State of Maryland or the United States Department of Housing and Urban Development that the dwelling meets all state or federal requirements. Any subsequent modifications or additions to such dwellings shall conform in all respects to the CABO One- and Two-Family Dwelling Code, 1989, including but not limited to inspection requirements. The provisions contained in Appendix C of the CABO One- and Two-Family Dwelling Code, 1989, are specifically adopted hereby for such prefabricated and manufactured buildings and structures.
K. 
With the exception of those requirements imposed by Article 12 of the BOCA National Mechanical Code, 1987, the Building Code shall not apply to heating, ventilation and air-conditioning systems installed in residential, commercial or industrial buildings and structures.
L. 
Article 27 (Electric Wiring, Equipment and Systems), Article 28 (Plumbing Systems) and Article 29 (Signs) of the BOCA National Building Code, 1987, are hereby deleted.
M. 
Part 5 (Plumbing) of the CABO One- and Two-Family Dwelling Code, 1989, is hereby deleted.
N. 
The following additions, insertions and changes are hereby adopted for the BOCA National Building Code, 1987:
(1) 
In Section 100.1 (page 1, second line), insert: "the Town of Leonardtown, St. Mary's County, Maryland."
(2) 
In Section 103.4 (page 3, first line), insert: "April 8, 1991."
(3) 
Section 114.3.1 (page 11) is hereby deleted. Insert: "A fee for each inspection shall be paid in accordance with a user fee schedule adopted by the Mayor and Council of Leonardtown."
(4) 
Section 117.4 (page 13) is hereby deleted. Insert: "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of a directive of the code official or of a permit or certificate issued under the provisions of this code shall be guilty of a civil violation punishable by a fine of not more than $100. Each day that a violation continues shall be deemed a separate offense."
(5) 
In Section 118.2 (page 13, fourth and fifth lines), insert: "$100" and "$1,000," respectively.
(6) 
In Section 123.3 (page 17, second line), insert: "$100."

§ 48-7 Applicability.

The provisions of the Building Code shall not apply to those residential, commercial and industrial buildings and structures for which a valid building permit has been issued prior to the effective date of this article; however, compliance with the Leonardtown Electrical, Plumbing and Zoning Codes[1] for such buildings and structures shall be required.
[1]
Editor's Note: For plumbing provisions, see Ch. 107, Plumbing; for zoning provisions, see Ch. 155, Zoning.

§ 48-8 Conflict with other provisions.

Where there shall be any conflict between the Building Code and any other federal, state or municipal laws, rules or regulations, the more strict law, rule or regulation shall be applicable.

§ 48-9 Effect on prior proceedings or provisions.

Nothing in this article or in this Building Code shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any ordinance hereby repealed, nor shall any legal or equitable right or remedy of any character be lost, impaired or affected by this article or the Building Code.