[HISTORY: Adopted by the County Council of
Wicomico County 3-7-1972 as Ord. No. 36; amended in its entirety 2-13-1989 by Bill No.
1989-4. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 138.
Floodplain management — See Ch. 149.
Housing standards — See Ch. 160.
Plumbing — See Ch. 183.
Subdivision of land — See Ch. 200.
STATUTORY REFERENCES
Authority — See Anno. Code of
Maryland (1957), Art. 25A, § 5.
[Amended last 8-4-2015 by Bill No. 2015-09]
A.
The purpose of this chapter is to establish building regulations
that will promote and protect, in accordance with present and future
needs, the safety, health, and general welfare of the citizens of
Wicomico County and to provide reasonable protection to the public
against hazards to life, health, and property.
B.
The State of Maryland has adopted the International Building Code,
the International Residential Code and the International Energy Conservation
Code as the Maryland building performance standards, COMAR 05.02.07,
with modifications. This chapter is intended to establish building
regulations for Wicomico County, Maryland by adopting the International
Building Code, the International Residential Code and the International
Energy Conservation Code by incorporating modifications to the International
Building Code, the International Residential Code and the International
Energy Conservation Code that are in accordance with local conditions
and requirements.
C.
The provisions of this chapter shall apply to the unincorporated
territory of Wicomico County, Maryland. This chapter may be applied
to the territory of any municipality within Wicomico County, Maryland,
to the extent established by and only upon a written agreement between
Wicomico County and the governing body of said municipality.
The County Council of Wicomico County hereby adopts the provisions
set forth in the International Building Code (hereinafter referred
to as "IBC"), 2015 Edition, including the appendices, as the building
code for Wicomico County, Maryland and incorporated by reference.
The provisions shall be controlling for all buildings within the corporate
limits of Wicomico County, Maryland, unless otherwise exempted herein.
The following modifications are made to the International Building
Code:
A.
Section [A]103.1, Creation of enforcement agency: delete this section.
B.
Section [A]103.2, Appointment: delete this section and replace with
the following:
The Chief Building Official/Inspector shall have at least 10
years' experience as an architect, engineer, building inspector,
building contractor or superintendent of building construction, for
five years of which he shall have been the responsible person in charge
of the work.
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C.
Section [A]103.3, Deputies: delete this section and replace with
the following:
[A] 103.3 Inspectors. The Chief Building Official,
with the approval of the Director of the Department of Planning, Zoning
and Community Development, may employ such number of officers, inspectors
and assistants as shall be authorized from time to time. No person
shall be employed as an inspector who has not had at least five years'
experience as a building inspector, builder, engineer, architect or
as a superintendent, foreman or competent mechanic in charge of construction.
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D.
Section [A]105.1, Required: delete this section and replace with
the following:
[A] 105.1 Permit required.
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1.
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Any owner, authorized agent or contractor who desires to construct,
enlarge, alter, repair, move, improve, remove, convert, demolish or
change the occupancy of a building or structure, to erect or construct
a sign of any description, shall first make application to the Chief
Building Official and obtain any required permit.
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2.
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A general permit shall carry with it the right to install in
any building or structure or part thereof heating apparatus, elevators,
sidewalk elevators, vaults, chutes, coal holes, lifts, cranes, derricks,
steam-power boilers or steam, oil, gas or vapor engines, provided
that the same are shown on the drawings and set forth in the specifications
filed with the application for the permit, but where these are not
shown on the drawings and covered by the specifications submitted
with said application, special permits shall be required.
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3.
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Ordinary minor repairs may be made with the approval of the
Chief Building Official without a permit, provided that such repairs
shall not violate any of the provisions of this code.
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E.
Section [A]105.2, Work exempt from permit: delete this section and
replace with the following:
[A] 105.2 Work exempt from permit. Exemptions from
the permit requirement of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
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Building:
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1.
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Reserved.
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2.
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Fences not over eight feet high.
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3.
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Reserved.
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4.
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Retaining walls that are not over four feet (1,219 mm) in height
measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge or impounding Class I, II or III A liquids.
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5.
|
Reserved.
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6.
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Sidewalks and driveways not more than 30 inches (762 mm) above
adjacent grade, and not over any basement or story below and are not
part of an accessible route.
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7.
|
Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
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8.
|
Temporary motion picture, television and theater stage sets
and scenery.
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9.
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Prefabricated swimming pools accessory to a Group R-3 occupancy
that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons
(18,925 l) and are installed entirely above ground.
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10.
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Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
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11.
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Swings and other playground equipment accessory to detached
one- and two-family dwellings.
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12.
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Window awnings supported by an exterior wall that do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require
additional support of Groups R-3 and U occupancies.
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13.
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Nonfixed and movable fixtures, cases, racks, counters and partitions
not over five feet nine inches (1,753 mm) in height.
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F.
Section [A]105.2.1, Emergency repairs: delete this section and replace
with the following:
Where repairs must be performed in an emergency situation, the
permit application shall be submitted within the next working business
day to the Chief Building Official.
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G.
Section [A]105.2.2, Repairs: delete this section and replace with
the following:
Application or notice to the Chief Building Official is required
for repairs to structures, where such repairs include the cutting
away of any wall, partition or portion thereof, the removal or cutting
of any structural beam or load-bearing support, or the removal or
change of any required means of egress, or rearrangement of parts
of a structure affecting the egress requirements or other work affecting
public health or general safety, or changes in occupancy classification
to existing structures.
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H.
Section [A]105.2.3, Public service agencies: delete this section.
I.
Section [A]105.2.4, Withholding of permits: add the following new
section:
Whenever the Chief Building Official shall find that the applicant
is in violation of the provisions of this code or of the rules and
regulations of any other department of Wicomico County in connection
with the erection, maintenance or repair of buildings, structures,
lands or equipment thereon or therein, he may refuse to grant any
further permits to such applicant until such violations have been
corrected.
J.
Section [A]105.3.2, Time limitation of application: delete this section
and replace with the following:
An application for a permit for any proposed work shall be deemed
to have been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued;
except that the chief building official is authorized to grant one
or more extensions of time for additional periods not exceeding 90
days each. The extension shall be requested in writing and justifiable
cause demonstrated.
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K.
Section [A]105.4, Validity of permit and Section [A]105.5, Expiration:
delete these sections and replace with the following:
A permit issued shall be construed to be a license to proceed
with the work and shall not be construed as authority to violate,
cancel, alter or set aside any of the provisions of this code, nor
shall such issuance of a permit prevent the Chief Building Official
from thereafter requiring a correction of errors in plans or in construction
or of issuing violations of this code. Every permit issued shall become
invalid unless the work authorized by such permit is commenced within
six months after its issuance. One extension of time, for a period
not to exceed six months may be allowed for the initial start of work.
Work authorized by such permit must be finished within three years
from the date of issuance or extension, if granted by the Chief Building
Official. Extension of time to finish the work as determined by the
Chief Building Official may also be allowed. All extension requests
are to be made in writing, and justifiable cause will have to be demonstrated.
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Exception: Carports, decks, demolition and disposal, pools,
portable sheds and solar panels must be completed within 180 days
from the issuance of the permit.
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L.
Section [A]107.3.2, Previous approvals: delete this section and replace
with the following:
This code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful
permit has been heretofore issued or otherwise lawfully authorized,
and the construction of which has been pursued in good faith within
six months after the effective date of this code and has not been
abandoned.
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M.
Section [A]108.3, Temporary power: delete this section and replace
with the following:
The standard shall be as set forth in Chapter 138 of the Wicomico County Code.
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N.
Section [A]109.1, Payment of fees, Section [A]109.5, Related fees,
and Section [A]109.6, refunds: delete these sections and replace with
the following:
On all buildings, structures and alterations requiring a permit,
a fee for each permit shall be paid as required at the time of the
filing of the application, in accordance with the schedule as established
by County Council resolution.
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O.
Section [A]109.2, Schedule of permit fees: delete this section and
replace with the following:
For any type of work as specified herein, a permit fee shall
be paid as required at the time of filing the application, in accordance
with the schedule as established by County Council resolution.
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P.
Section [A]109.3, Building permit valuations: add the following sentence
to the end of the section:
The permit fee required by this chapter shall be based on the
estimated construction cost of the proposed work.
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Q.
Section [A]109.4, Work commencing before permit issuance: delete
this section and replace with the following:
Any person who commences any type of work as specified herein
without the necessary permits shall pay four times the usual permit
fees, unless the person obtains the necessary permit within two business
days of a stop-work order for failure to have the necessary permit,
as specified in the schedule of permit fees established by County
Council resolution.
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R.
Section [A]110.3.3, Lowest floor elevation: Delete this section and
replace with the following:
The elevation certification required in Section 1612.5 shall conform to Chapter 149 of the County Code and be submitted to the Chief Building Official.
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S.
Section [A]111.2, Certificate issued: delete these subsections, Items
7 through 12.
T.
Section [A]112.1, Connection of service utilities: delete this section
and replace with the following:
The standards shall be as set forth in Chapter 138 of the Wicomico County Code.
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U.
Section [A]112.2, Temporary connection: delete this section and replace
with the following:
The standards shall be as set forth in Chapter 138 of the Wicomico County Code.
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V.
Section [A]113, Board of Appeals: Delete this section and replace
with the following:
An application for appeal shall be submitted to the Board of Appeals and shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board of Appeals shall not have authority to waive requirements of this code. The Board of Appeals shall mean the Board of Appeals as established by Chapter 7 of the Wicomico County Code.
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W.
Section [A]114, Violations: delete this section and replace with
the following:
[A] 114 Exemptions.
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Religious groups exemption. No bona fide religious group or
corporation shall be required to pay any fees set forth herein for
a permit for the construction, erection, altering, repairing, removing
or demolition of any church building, parsonage or any other auxiliary
building used for church purposes. This exemption, however, shall
not apply to any building constructed, erected, altered or repaired
by such group wherein any revenue shall be derived therefrom from
rentals, etc.; subject, nevertheless, to the conditions that such
bona fide religious groups or corporations shall comply with any and
all of the terms and conditions of this building code applicable thereto.
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Farm building exemption. Farm accessory buildings that are deemed
necessary in the operation of a farm, used for agricultural purposes
and can be classified as Group U under the provisions of Chapter 3,
Use and occupancy classification, in the 2015 International Building
Code, require a building permit and all inspections. However farm
accessory buildings and farm buildings shall be exempt from any fees
set forth herein for a permit for construction, erection, altering,
repairing, removing or demolition of any farm building or farm accessory
building.
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Volunteer Fire Department exemption. No Volunteer Fire Department
shall be required to pay any fees set forth herein for a permit for
the construction, erection, altering, repairing, removing or demolition
of any Volunteer Fire Department building and related review fees,
such as fire protection system plan review and inspection fees, floodplain
permit fee, stormwater review fee, and electrical and utility permit
and inspection fees, in connection with constructing a new Fire Department
building. This exemption is subject to such Volunteer Fire Department
complying with any and all of the terms and conditions of this building
code applicable thereto.
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X.
Chapter 11, Accessibility: delete this chapter and replace with the
following:
The Maryland Accessibility Code set for in the Code of Maryland
Regulations (COMAR) 05.02.02.
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AA.
Appendices: delete Appendix B, C, D, E, G, J, K, L, M.
The County Council of Wicomico County hereby adopts the provisions
set forth in the International Residential Code (hereinafter referred
to as "IRC"), 2015 Edition, including the appendices, and as such
shall be adopted, along with the IBC, as the building code for Wicomico
County, Maryland, and incorporated by reference. The provisions shall
be controlling for all buildings within the corporate limits of Wicomico
County, Maryland, unless otherwise exempted herein.
The following modifications are made to the International Residential
Code:
A.
Section R101.2, Scope: add the following at the end of the first
paragraph:
Structures moved into or within the jurisdiction shall comply
with the provisions of this code for new structures. All applicable
covenants of record and restrictions, including architectural, square
footage and other structural requirements, shall remain in effect
where the structure is placed.
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B.
Section R103.1, Creation of enforcement agency: delete this section.
C.
Section R103.2, Appointment: delete this section and replace with
the following:
The Chief Building Official/Inspector shall have had at least
10 years' experience as an architect, engineer, building inspector,
building contractor or superintendent of building construction, for
five years of which he shall have been the responsible person in charge
of the work.
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D.
Section R103.3, Deputies: delete this section and replace with the
following:
R103.3. Inspectors. The Chief Building Official, with the approval
of the Director of the Department of Planning, Zoning and Community
Development, may employ such number of officers, inspectors and assistants
as shall be authorized from time to time. No person shall be employed
as an inspector who has not had at least five years' experience
as a building inspector, builder, engineer, architect or as a superintendent,
foreman or competent mechanic in charge of construction.
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E.
Section R105.1, Permit required: delete this section and replace
with the following:
R105.1 Required.
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1.
|
Any owner, authorized agent or contractor who desires to construct,
enlarge, alter, repair, move, improve, remove, convert, demolish or
change the occupancy of a building or structure, to erect or construct
a sign of any description, shall first make application to the Chief
Building Official and obtain such required permit therefor.
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2.
|
A general permit shall carry with it the right to install in
any building or structure or part thereof heating apparatus, elevators,
sidewalk elevators, vaults, chutes, coal holes, lifts, cranes, derricks,
steam-power boilers or steam, oil, gas or vapor engines, provided
that the same are shown on the drawings and set forth in the specifications
filed with the application for the permit, but where these are not
shown on the drawings and covered by the specifications submitted
with said application, special permits shall be required.
| |
3.
|
Ordinary minor repairs may be made with the approval of the
Chief Building Official without a permit, provided that such repairs
shall not violate any of the provisions of this code.
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F.
Section R105.2, Work exempt from permit: delete this section and
replace with the following:
Exemptions from permit requirement of this code shall not be
deemed to grant authorization for any work to be done in any manner
in violation of the provisions of this code or any other laws or ordinances
of this jurisdiction. Permits shall not be required for the following:
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Building:
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1.
|
Portable one-level accessory structure not exceeding 250 square
feet and that is not in a floodplain.
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2.
|
Fences not over eight feet high.
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3.
|
Reserved.
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4.
|
Reserved.
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5.
|
Reserved.
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6.
|
Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
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7.
|
Prefabricated swimming pools accessory to a Group R-3 occupancy
that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons
(18,925 l) and are installed entirely above ground.
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8.
|
Swings and other playground equipment accessory to detached
one- and two-family dwellings.
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9.
|
Window awnings supported by an exterior wall that do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require
additional support of Groups R-3 and U occupancies.
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10.
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Decks that are not more than 30 inches (762 mm) above grade
at any point and do not serve the exit door required by Section R311.4.
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11.
|
Temporary motion picture, television and theater stage sets
and scenery.
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12.
|
Nonfixed and movable fixtures, cases, racks, counters and partitions
not over five feet nine inches (1,753 mm) in height.
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G.
Section R105.2.1, Emergency repairs: delete this section and replace
with the following:
Where repairs must be performed in an emergency situation, the
permit application shall be submitted within the next working business
day to the Chief Building Official.
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H.
Section R105.2.2, Repairs: delete this section and replace with the
following:
Application or notice to the Chief Building Official is required
for repairs to structures, where such repairs include the cutting
away of any wall, partition or portion thereof, the removal or cutting
of any structural beam or load-bearing support, or the removal or
change of any required means of egress, or rearrangement of parts
of a structure affecting the egress requirements or other work affecting
public health or general safety, or changes in occupancy classification
to existing structures.
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I.
Section R105.2.3, Public service agencies: delete this section.
J.
Section R105.2.4, Withholding of permits: add the following new section:
Whenever the Chief Building Official shall find that the applicant
is in violation of the provisions of this code or of the rules and
regulations of any other department of Wicomico County in connection
with the erection, maintenance or repair of buildings, structures,
lands or equipment thereon or therein, he may refuse to grant any
further permits to such applicant until such violations have been
corrected.
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K.
Section R105.3.1.1, Determination of substantially improved or substantially
damaged existing buildings in flood hazard areas: delete this section
and replace with the following:
The standards shall be as set forth in Chapter 149 of the Wicomico County Code.
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L.
Section R105.3.2, Time limitation of application: delete this section
and replace with the following:
An application for a permit for any proposed work shall be deemed
to have been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued;
except that the Chief Building Official is authorized to grant one
or more extensions of time for additional periods not exceeding 90
days each. The extension shall be requested in writing and justifiable
cause demonstrated.
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M.
Section R105.4, Validity of permit and Section R105.5, Expiration:
delete these sections and replace with the following:
A permit issued shall be construed to be a license to proceed
with the work and shall not be construed as authority to violate,
cancel, alter or set aside any of the provisions of this code, nor
shall such issuance of a permit prevent the Chief Building Official
from thereafter requiring a correction of errors in plans or in construction
or of violations of this code. Every permit issued shall become invalid
unless the work authorized by such permit is commenced within six
months after its issuance. One extension of time, for a period not
to exceed six months may be allowed for the initial start of work.
Work authorized by such permit must be finished within three years
from the date of issuance or extension, if granted by the Chief Building
Official. Extension of time to finish the work as determined by the
Chief Building Official may also be allowed. All extension requests
are to be made in writing, and justifiable cause will have to be demonstrated.
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Exception: Carports, decks, demolition and disposal, pools,
portable sheds and solar panels must be completed within 180 days
from the issuance of the permit.
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N.
Section R106.1, Submittal documents: delete this section and replace
with the following:
R106.1 Construction documents.
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Construction documents, special inspection and structural observation
programs and other data shall be submitted in two or more sets with
each application for a permit. Where special conditions exist, the
Chief Building Official is authorized to require additional construction
documents to be prepared by a registered design professional.
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Exception: The Chief Building Official is authorized to waive
the submission of construction documents and other data if it is found
that the nature of work applied for is such that reviewing of construction
documents is not necessary to obtain compliance with this building
code.
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O.
Section R106.1.4, Information for construction in flood hazard areas:
delete this section and replace with the following:
The standards shall be as set forth in Chapter 149 of the Wicomico County Code.
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P.
Section R106.3.2, Previous approvals: delete this section and replace
with the following:
This code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful
permit has been heretofore issued or otherwise lawfully authorized,
and the construction of which has been pursued in good faith within
six months after the effective date of this code and has not been
abandoned.
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Q.
Section R107.3, Temporary power: delete this section and replace
with the following:
The standard shall be as set forth in Chapter 138 of the Wicomico County Code.
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R.
Section R108.1, Payment of fees, Section R108.4, Related fees, and
Section R108.5, Refunds: delete these sections and replace with the
following:
On all buildings, structures, electrical, plumbing, mechanical,
and gas systems or alterations requiring a permit, a fee for each
permit shall be paid as required at the time of the filing of the
application, in accordance with the schedule as established by County
Council resolution.
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S.
Section R108.2, Schedule of permit fees: delete this section and
replace with the following:
For any type of work as specified herein, a permit fee shall
be paid as required at the time of filing application, in accordance
with the schedule as established by County Council resolution.
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T.
Section R108.3, Building permit valuations: add the following sentence
to the end of the section:
The permit fee required by this chapter shall be based on the
estimated construction cost of the proposed work. The estimated cost
of construction shall be computed by the Chief Building Official or
his designee and shall be based on the construction cost schedule
adopted by County Council resolution.
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U.
Section 108.6, Work commencing before permit issuance: delete this
section and replace with the following:
Any person who commences any type of work as specified herein
without the necessary permits shall pay four times the usual permit
fees, unless the person obtains the necessary permit within two business
days of a stop-work order for failure to have the necessary permit,
as specified in the schedule of permit fees established by County
Council resolution.
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V.
Section R109.1.2, Plumbing, mechanical, gas and electrical systems
inspection: delete this section.
W.
Section R109.1.3, Floodplain inspections: delete this section and
replace with the following:
For construction in flood hazard areas as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the Chief Building Official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Chapter 149 of the Wicomico County Code.
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X.
Section R109.1.6.1, Elevation documentation: delete this section
and replace with the following:
If located in a flood hazard area, the documentation of elevations required in Chapter 149 of the Wicomico County Code shall be submitted to the Chief Building Official prior to the final inspection.
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Y.
Section R111.1, Connection of service utilities: delete this section
and replace with the following:
The standard shall be as set forth in Chapter 138 of the Wicomico County Code.
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Z.
Section R111.2, Temporary connection: delete this section and replace
with the following:
The standards shall be as set forth in Chapter 138 of the Wicomico County Code.
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AA.
Section R112, Board of Appeals: delete this section and replace with
the following:
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do fully apply or an equally good or better form of construction is proposed. The Board of Appeals shall not have authority to waive requirements of this code. The Board of Appeals shall mean the Board of Appeals as established by Chapter 7 of the Wicomico County Code.
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BB.
Section R301.2.4, Floodplain construction: delete this section and
replace with the following:
The standards shall be as set forth in Chapter 149 of the Wicomico County Code.
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CC.
Section R304.1, Minimum area and Section R.304.2, Minimum dimensions:
delete these sections and replace with the following:
The objective of space requirements is to assure that each living
unit provides complete living facilities ordinarily considered necessary
to a permanent home, arranged and equipped to provide suitable and
desirable living, sleeping, cooking and dining accommodations and
adequate storage and sanitary facilities.
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1.
|
The square footage of all rooms of a single-bedroom house shall
have an inside minimum square footage of 446 square feet with an outside
minimum square footage of 528 square feet, with the various rooms
therein of the following minimum sizes:
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Room
|
Square Feet
| ||
Living room
|
150
| ||
Kitchen or dining room
|
120 (total)
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First bedroom
|
100
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Closet or closets
|
16 (total)
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Bathroom
|
30
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Utility room
|
30
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Total
|
446
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2.
|
The square footage of all rooms of a two-bedroom house shall
have an inside minimum square footage of 532 square feet with an outside
minimum square footage of 624 square feet, with the various rooms
therein of the following minimum sizes:
| ||
Room
|
Square Feet
| ||
Living room
|
150
| ||
Kitchen or dining room
|
130 (total)
| ||
First bedroom
|
100
| ||
Second bedroom
|
70
| ||
Closet or closets
|
22 (total)
| ||
Bathroom
|
30
| ||
Utility room
|
30
| ||
Total
|
532
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3.
|
The square footage of all rooms of a three-bedroom house shall
have an inside minimum square footage of 678 square feet with an outside
minimum square footage of 768 square feet, with the various rooms
therein of the following minimum sizes:
| ||
Room
|
Square Feet
| ||
Living room
|
165
| ||
Kitchen or dining room
|
155 (total)
| ||
First bedroom
|
100
| ||
Second bedroom
|
100
| ||
Third bedroom
|
70
| ||
Closet or closets
|
28 (total)
| ||
Bathroom
|
30
| ||
Utility room
|
30
| ||
Total
|
678
|
DD.
Section R306, Sanitation: delete this section and replace with the
following:
The standards shall be as set forth in Chapter 183 of the Wicomico County Code.
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EE.
Section R309.3, Flood hazard areas: delete this section and replace
with the following:
The standards shall be as set forth in Chapter 149 of the Wicomico County Code.
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FF.
Section R311.7.5.1, Risers: Add the following sentence to the end
of the section:
3.
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The riser height of stairways leading to unconditioned areas
that are used only for storage above attached or detached garages
may have a maximum riser height of 8 1/2 inches. Such storage
areas cannot be converted to a habitable space unless the riser height
of the stairway is reduced to a maximum height of the stairway of
7 3/4 inches.
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GG.
Section R311.7.5.2, Treads: add the following sentence to the end
of the section:
1.
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The riser height of stairways leading to unconditioned areas
that are used only for storage above attached or detached garages
may have a minimum tread depth of nine inches. Such storage areas
cannot be converted to habitable space unless the tread depth is increased
to a minimum of 10 inches.
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HH.
Section R311.7.8, Handrails: add the following sentence to the end
of the section:
1.
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For handrails on exterior stairways, the top of the fourth riser
shall not exceed 30 inches, measured from the finished adjacent grade,
and shall be in accordance with section R311.7.5.1.
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II.
Section R317.1, Location required: delete Paragraph 1 and replace
with the following:
1.
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When wood joists or the bottom of wood structural floors without
joists are closer than 24 inches or wood girders are closer than 18
inches to exposed ground located within the periphery of the building
over a crawl space or unexcavated areas, they shall be of approved
naturally durable wood or pressure-treated wood. For additions to
existing dwellings, this requirement will be determined by the chief
building official.
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JJ.
Section R322, Flood-resistant construction: delete this section and
replace with the following:
The standards shall be as set forth in Chapter 149 of the Wicomico County Code.
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KK.
Chapter 11: delete this chapter.
LL.
Chapters 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23: delete these
chapters.
MM.
Chapters 24, 25, 26, 27, 28, 29, 30, 31, 32, 33. delete these chapters
and replace with the following:
The standards shall be as set forth in Chapter 183 of the Wicomico County Code and enforced by the Plumbing Official.
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NN.
Chapters 34, 35, 36, 37, 38, 39, 40, 41, 42, 43: delete these chapters
and replace with the following:
The standards shall be as set forth in Chapter 138 of the Wicomico County Code.
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OO.
Appendices: delete Appendix A, B, D through Q, T, U.
The County Council of Wicomico County hereby adopts the provisions
set forth in the International Energy Conservation Code (hereinafter
referred to as "IEC"), 2015 Edition, including the appendices and
as such shall be adopted, along with the IBC and IRC, as the building
code for Wicomico County, Maryland, and incorporated by reference.
The provisions shall be controlling for all buildings within the corporate
limits of Wicomico County, Maryland, unless otherwise exempted herein.
This code is hereby declared to be remedial and shall be construed
to secure the beneficial interests and purposes thereof, which are
the health, public safety and welfare of the general public.
A.
Any person, firm, corporation or agent who shall violate any provision
of this article or fail to comply therewith or with any of the requirements
thereof shall be guilty of a misdemeanor and, if convicted thereof
before a court of competent jurisdiction, shall be punished by a fine
of not less than $100 and not more than $1,000 or be imprisoned for
not more than 30 days, or both, and, in addition, shall pay all costs
and expenses involved in the case. Each day of violation shall constitute
a separate and additional offense.
B.
Any person, firm, corporation or agent who shall violate any provision
of this article or fail to comply thereafter or with any of the requirements
thereof shall be guilty of a civil infraction and shall be subject
to a fine not to exceed $1,000 per violation. The fine shall be as
specified in the schedule of fines adopted by County Council resolution
for the violation charged. The Director of the Department of Planning,
Zoning and Community Development or his designee is hereby authorized
to issue citations for civil infractions of this chapter. Each day
the violation continues shall constitute a separate violation.
C.
In case of any violation of this article, the County may, in addition
to other remedies provided herein, institute any appropriate action
or proceeding in Circuit Court, either by injunction or otherwise,
to prevent such unlawful action and/or to restrain, correct or abate
such violation, to prevent the occupancy of such building or structure
and to prevent any illegal act in or about such premises.
[Added 7-18-2006 by Bill No. 2006-6]
A.
Purpose. The purpose of this article is to establish
minimum standards to insure a reasonable degree of reliability for
emergency services communications from within buildings and structures
within the county to and from emergency communications centers.
B.
General. Except as otherwise provided, no person shall
maintain, own, erect or construct any building or structure or any
part thereof or cause the same to be done which fails to support adequate
radio coverage for emergency service workers, including but not limited
to firefighters and law enforcement officers.
C.
A certificate of occupancy may not be issued for any
building or structure which fails to comply with the requirements
contained in this section. A contractor or owner of any building or
structure seeking a certificate of occupancy must present the Department
of Planning, Zoning and Community Development a written letter from
the Department of Emergency Services ("DES") or a DES form stating
approval of the project, before any certificate of occupancy is issued.
[Amended 12-1-2009 by Bill No. 2009-15; 12-18-2012 by Bill No.
2012-13]
[Added 12-1-2009 by Bill No. 2009-15]
As used in this article, the following terms shall have the
meanings indicated:
Any person owning the building at issue or a person the owner
designates to represent him or her in these matters.
A.
Descriptively, "adequate coverage" means the ability
for emergency services personnel to transmit into the building an
intelligible voice signal that may be heard; the ability to receive
an intelligible voice signal transmitted and originating from within
the building; and, the ability to transmit and receive intelligible
voice signals among emergency personnel who are within the building.
B.
For purposes of this section, adequate radio coverage
shall include all of the following:
(1)
A minimum signal strength of minus 95 dbm available
in 90% of the area of each floor of the building when transmitted
from the dispatch communications system of the emergency personnel;
(2)
A minimum signal strength of minus 95 dbm received
at the dispatch communications system of the emergency personnel when
transmitted from 90% of the area of each floor of the building;
(3)
The frequency range which must be supported shall
be as determined by the Wicomico County Department of Emergency Services
("DES"). The Wicomico County Department of Planning, Zoning and Community
Development is responsible for notifying the contractor, owner, or
submitting party of the need to contact the DES regarding plan submittal
to the DES for approval of the system. The DES will notify the Department
of Planning, Zoning and Community Development after review, as to
whether the plan is approved or not approved.
[Amended 12-1-2009 by Bill No. 2009-15; 12-18-2012 by Bill No.
2012-13]
(4)
A reliability factor of 90%.
C.
When measuring the performance of a bidirectional
amplifier, signal strength measurements are based on one input signal
adequate to obtain a maximum continuous operating output level.
D.
Industry standard DAQ definitions are shown in Table
1. DAQ Level 3 is commonly specified as the minimum performance level
for public safety systems.
Table 1
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---|---|---|
Delivered Audio Quality (DAQ)
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Delivered Audio Quality
|
Subjective Performance Description
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1
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Unusable, speech present but unreadable
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2
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Understandable with considerable effort; frequent
repetition due to noise/distortion
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3
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Speech understandable with slight effort; occasional
repetition required due to noise/distortion
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3.5
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Speech understandable with repetition only rarely
required; some noise/distortion.
| |
4
|
Speech easily understood; occasional noise/distortion
| |
4.5
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Speech easily understood; infrequent noise/distortion
| |
5
|
Speech easily understood
|
A.
Buildings and structures which cannot support the
required level of radio coverage as determined by the Wicomico County
Department of Emergency Services ("DES") shall be equipped with any
of the following in order to achieve the required adequate radio coverage:
[Amended 12-1-2009 by Bill No. 2009-15]
B.
If any part of the installed system(s) contain(s)
an electrically powered component, the system shall be capable of
operating on an independent battery and/or generator system for a
period of at least 12 hours without external power input. The battery
system shall automatically charge in the presence of an external power
input. The amplification system, if powered, will be monitored by
the building fire alarm system. If the system shifts to auxiliary
power as stated above, the building fire alarm system will indicate
trouble for that dedicated zone. If used, bidirectional amplifiers
shall include filters to reduce adjacent frequency interference at
least minus 35 db below the NPSPAC band. The filters shall be tuned
to the MHz range determined in accordance with § 117-4B(3).
Other settings may be used, provided that they do not attenuate the
NPSPAC frequencies and further provided that they are not more than
one MHz from the NPSPAC frequencies.
C.
In the event that a signal booster is employed, it
shall be fully encased within a NEMA 4 (or equivalent) dust/waterproof
case.
A.
Acceptance testing. Officials from the Wicomico County
Department of Emergency Services ("DES") or police or fire personnel
of this jurisdiction may require tests to ensure sufficient overall
two-way coverage within the building, including all areas located
below grade as evidence of compliance with this Code. Tests are to
be performed in the presence of said county personnel at no expense
to this jurisdiction.
[Amended 12-1-2009 by Bill No. 2009-15]
B.
Annual tests. When an in-building radio system is
required, the building owner shall test all active components of the
system, including but not limited to amplifiers, power supplies and
backup batteries, a minimum of once every 12 months. Amplifiers shall
be tested to ensure that the gain is the same as it was upon initial
installation and acceptance. Backup batteries and power supplies shall
be tested under load for a period of one hour to verify that they
will properly operate during an actual power outage. If within the
one-hour test period, in the opinion of the testing technician, the
battery exhibits symptoms of failure, the test shall be extended for
additional one-hour periods until the testing technician confirms
the integrity of the battery. All other active components shall be
checked to determine that they are operating within the manufacturer's
specifications for the intended purpose.
C.
Five-year tests. In addition to the annual test, the
building owner shall perform a radio coverage test a minimum of once
every five years to ensure that the radio system continues to meet
the requirements of the original acceptance test. The procedure set
forth above shall apply to such tests.
D.
Field tests. Police or fire personnel, or personnel
from DES, after providing reasonable notice to the owner or his representative,
shall have the right to enter onto the property to conduct field testing
to be certain the required level of radio coverage is present.
[Amended 12-1-2009 by Bill No. 2009-15]
E.
Qualifications of testing personnel. All tests shall
be conducted, documented and signed by a person in possession of:
F.
Retention of records. All test records shall be retained
on the inspected premises by the building owner and a copy submitted
to DES. DES may enter onto the property to inspect the records maintained.
[Amended 12-1-2009 by Bill No. 2009-15]
[Amended 12-1-2009 by Bill No. 2009-15]
This article shall not apply to: buildings or
structures owned by the State of Maryland, including public schools,
universities, colleges, and community colleges; single-family residences
of less than 5,000 square feet in residential districts that are not
put to commercial or institutional use; any building constructed of
wood frame; any building 35 feet high or less; as long as none of
the aforementioned buildings make use of any metal construction or
any underground storage or parking areas. For purposes of this section,
parking structures and stairwells are included in the definition of
"building" and stair shafts are included in the definition of “all
parts of a building” but elevators may be excluded.
[Amended 12-1-2009 by Bill No. 2009-15]
The requirements of this article may be lessened
upon a written request of the owner when unique or unusual circumstances
exist within a building or structure which make full compliance with
the article practically infeasible. Upon a review of the application
by county staff, including the Wicomico County Department of Emergency
Services ("DES"), Fire Chief, and Police Chief and their determination
that said circumstances exist, to merit a lower standard of compliance
without sacrificing the general intent of the article, a written waiver
will be issued detailing the permissible variances. DES shall notify
the building official and owner in writing of any waiver granted.
[Amended 12-1-2009 by Bill No. 2009-15]
Any person violating any of the provisions of
this article shall be deemed guilty of a civil infraction and, upon
conviction thereof, a citation will be issued and the person shall
be fined in a sum not to exceed $500 for each offense, and a separate
offense shall be deemed committed upon each day during or on which
a violation occurs or continues to occur. The following officials
from the Wicomico County Department of Emergency Services are authorized
to issue citations for violations of this article: Director, Deputy
Director and the Radio Systems Manager.
If any section, subsection, sentence, clause
or phrase of this article shall for any reason be held to be invalid,
such decision shall not affect the validity of the remaining portions
of this article.