[HISTORY: Adopted by the Commissioners of
the Town of Princess Anne as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-4-1991 as Ch. V, Art. 2 of the 1991 Code]
A.
Before issuing a permit as provided in this article,
the Code Enforcement Officer shall examine the application, plans
and specifications and shall examine the building, structure or site
for which an application for a permit has been filed to ascertain
that the work to be done would conform to the requirements and standards
of this Code.
B.
The Code Enforcement Officer shall, from time to time,
make such periodic examinations during the progress of the work, including
a final inspection, to ensure compliance with this Code.
C.
The Code Enforcement Officer shall keep a record thereof,
on which record shall be noted all violations of the Code and the
action taken thereon.
In the discharging of duties, the Code Enforcement
Officer shall have the authority to enter at any reasonable hour any
building, structure or premises to enforce the provisions of this
Code.
Upon taking the oath of office and qualifying
as Code Enforcement Officer, the President and Commissioners of Princess
Anne shall issue to the Code Enforcement Officer a commission certifying
his or her official authority.
It is the express desire of the President and
Commissioners of Princess Anne that the assistance of the police,
Fire Marshal, Fire Department, health officials and all other local
officials be available to the Code Enforcement Officer in the performance
of his or her duties.
[Amended 8-7-1995 by Ord. No. 95-13; 12-10-2001 by Ord. No.
2001-11; 7-12-2010 by Ord. No. 2011-01; 7-5-2011 by Ord. No.
2011-10]
A.
All those
provisions set forth in the Maryland Building Performance Standards,
as amended from time to time, including the model codes and standards
are incorporated therein by reference, only to the extent to which
such model codes and standards are incorporated into the Maryland
Building Performance Standards, are hereby adopted by reference and
shall be cited as the “Princess Anne Building Code.” All
of the provisions of said Maryland Building Performance Standards
are hereby adopted and incorporated as if set out at length herein;
and from the date on which this chapter takes effect, the provisions
thereof shall be controlling for all buildings within the corporate
limits of the Town of Princess Anne, Maryland.
B.
The 2009
International Residential Code, Appendix G, pool and spa requirements,
is hereby adopted, and the provisions thereof shall be controlling
for swimming pools, hot tubs and spas within the corporate limits
of the Town of Princess Anne, Maryland.
It shall be unlawful for any person to erect,
reconstruct, repair or remove any building or structure within the
Town except in compliance with this Code and without obtaining in
advance a building permit from the Town Code Enforcement Officer authorizing
such action, which permit shall be issued only after a finding that
the proposed work will meet the requirements of this Code.
Each applicant for a permit from the Town Code
Enforcement Officer shall make application therefor, in writing, upon
forms to be furnished by the Town Code Enforcement Officer, accompanied
by triplicate copies of the specifications and the plans drawn to
scale with sufficient clarity and detailed dimensions as to show the
nature and character of the work to be performed, together with the
fee for issuance of the permit as herein provided. The Town Code Enforcement
Officer may waive the requirements for filing plans if the work involved
is of a minor nature.
Ordinary repairs may be made without application
for permit, but such repairs shall not include any change that affects
the strength or stability of the building or any structural part thereof;
removal or change of any required means of egress; or the alteration,
removal, relocation or replacement of essential parts of the service
equipment of the building that affects the health and safety of the
occupants of the building or the public.
A.
The fees for building permits issued by the Town Code
Enforcement Officer shall be set by the President and Commissioners
of Princess Anne by resolution from time to time.
[Amended 3-6-2000 by Ord. No. 2000-03]
B.
Where work for which a permit is required by this
Code is started or proceeded with prior to obtaining said permit,
the fee shall be doubled, but the payment of such doubled fee shall
not relieve any person from fully complying with the requirements
of this Code and the execution of the work nor from any other penalties
prescribed herein.
The Town building permit shall be kept posted
on the premises on which the work is authorized while it is being
done.
The Code Enforcement Officer shall be carried
on the Town payroll as a regular employee at a salary to be set by
the Commissioners.
A.
The Code Enforcement Officer shall act as an ex officio
plumbing inspector and shall have all the powers and perform all the
duties concerned with that office.
B.
The Code Enforcement Officer shall act as an ex officio
electrical inspector and shall have all the powers and perform all
the duties concerned with that office.
C.
It shall be the duty of the Code Enforcement Officer
to see to the enforcement of all ordinance provisions relating to
building or zoning and to inspect all buildings or structures being
erected or altered as frequently as may be necessary to ensure compliance
with Town ordinances.
D.
The Code Enforcement Officer shall have the power
to order all work stopped on construction or alteration or repair
of buildings in the Town when such work is being done in violation
of the building and zoning ordinances of the Town. Work shall not
be resumed after issuance of such an order except on the written permission
of the Code Enforcement Officer, provided that the oral stop orders
shall be followed by a written stop order within one hour. Such written
stop order may be served by any law enforcement officer employed by
the Town of Princess Anne, Somerset County or the State of Maryland.
[Amended 3-6-2000 by Ord. No. 2000-03]
E.
The Code Enforcement Officer shall not be directly
or indirectly interested in the building business in any way and shall
not be directly or indirectly interested in any building contractor
business, building supply business, building material business or
insurance business dealing with building contractors who perform any
services within the Town limits of Princess Anne.
[Adopted 2-3-1992]
Every place of lodging with six rooms for rent,
inn, hotel, motel, restaurant, bar, establishment serving food or
drink, place of exhibition or entertainment, place of public gathering,
bakery, grocery store, clothing store, hardware store, shopping center,
sales or rental establishment, laundromat, dry cleaner, bank, barbershop,
beauty shop, travel service, shoe repair service, funeral parlor,
gas station, accountant's office, lawyer's office, pharmacy, insurance
office, health care provider, hospital or other service establishment,
site used for public transportation, place of education, day-care
center, senior citizen center or other social service center establishments
and other commercial facilities shall be designed, constructed or
altered to the maximum extent feasible for the facility to be readily
accessible to and usable by individuals with disabilities as required
by the Federal Americans With Disabilities Act of 1990 and the Uniform
Federal Accessibility Standards.
A.
No owner, lessor, lessee or operator of the foregoing
existing public accommodations shall be relieved from the responsibility
to provide for barrier-free accommodations to the disabled unless
first securing a waiver on the basis that the removal is not readily
achievable because of:
(1)
The nature and cost of the action;
(2)
The financial resources of the facility available,
the effect on expenses and their resources, the number of persons
employed and impact on the operation of the facility;
(3)
The overall financial resources and employment of
an overall covered entity and the number, type and location of its
facilities; and
(4)
The type of operation and the composition, structure
and function of its work force and the geographic, administrative
and fiscal relationship of its facilities to determine if barrier
removal is easily accomplishable and may be carried out without much
difficulty or expense.
B.
Where a waiver is granted, approved satisfactory alternative
access shall be provided.
No new or otherwise altered construction or
altered use of improvements shall fail to comply with this article
unless it is demonstrated that it is structurally impracticable to
meet the standards required in this article.
The exemptions of the Americans With Disabilities
Act of 1990 with regard to private clubs and places of worship shall
apply.
Application of this article to qualified historic
properties shall be in accord with Federal Uniform Accessibility Standards.
The Code Enforcement Officer shall be responsible
for the enforcement of this article. Any aggrieved party may appeal
a decision of the Code Enforcement Officer to the President and Commissioners.