[HISTORY: Adopted by the County Commissioners of Kent County 3-6-1990 by Bill No. 2-90. Amendments noted where applicable.]
GENERAL REFERENCES
Fences — See Ch. 87.
Housing standards — See Ch. 192.
[Added 6-2-1992 by Bill No. 5-92; amended 12-6-1994 by Bill No. 6-94; 6-3-2008 by Bill No. 3-2008; 11-16-2010 by Bill No. 4-2010; 3-4-2025 by Bill No. 10-2024]
A. 
Within 18 months of the official date of its adoption by the State of Maryland, Kent County shall enforce the state-adopted versions of the International Code Council's (ICC) International Building Code (the IBC), as may be modified by the State of Maryland, the ICC International Residential Code (the IRC), as may be modified by the State of Maryland, the ICC International Plumbing Code, as may be modified by the State of Maryland, the ICC International Mechanical Code, as may be modified by the State of Maryland, and the International Energy Conservation Code (the IECC), as may be modified by the State of Maryland, NFPA 1: Fire Code, as may be modified by the State of Maryland, NFPA 70: National Electric Code, as may be modified by the State of Maryland, NFPA 855: Standard for the Installation of Stationary Energy Storage Systems, as may be modified by the State of Maryland, NFPA 101: Life Safety Code, as may be modified by the State of Maryland, and as amended from time to time. The aforementioned codes are hereby adopted and incorporated into the public local laws of Kent County as if fully set out herein, for the purpose of controlling all matters pertaining to the construction, alteration, addition, removal, demolition, use, location, occupancy, and maintenance of all structures, except as revised or amended herein.
B. 
In the event of any conflict between the provisions found in the aforementioned codes and the Kent County Land Use Ordinance, the more restrictive provisions shall apply.
[Amended 3-4-2025 by Bill No. 10-2024]
The legal use and occupancy of any structure existing on the date of adoption of this code shall be determined by the provisions of Chapter 222, Unified Development Ordinance.
All design for new construction work, alteration, expansion, addition or modification work involving the practice of architecture or professional engineering, as defined by the statutory requirements of the professional registration laws of the State of Maryland where said work is to be undertaken within the State of Maryland, shall be prepared by registered architects or professional engineers duly licensed by the State of Maryland. All plans, computations and specifications required for a building permit application for such work shall be prepared by or under the direct supervision of a registered architect or engineer and bear that architect's or engineer's signature and seal in accordance with the State of Maryland's statutes and regulations governing the professional registration and certification of architects and professional engineers.
Design work, plans, computations and specifications required for a building permit application shall be prepared by or under the direct supervision of the duly registered design professional or his professional architect or engineering consultants and bear professional seals in accordance with the following table:
Use Group
Professional Required
A: Assembly buildings
Architect or structural engineer
B: Business
Architect or structural engineer
E: Educational
Architect or structural engineer
F: Factory
Architect or structural engineer
H: High hazard
Structural engineer
I: Institutional
Architect or structural engineer
M: Mercantile
Architect or structural engineer
R-1: Hotel/motel
Architect or structural engineer
R-2: Multifamily
Architect or structural engineer
R-3: Single-family and duplex
None
R-4: Single-family and duplex
None
S-1 and S-2: Storage building
Architect or structural engineer
U: Utility building
None
[Amended 3-4-2025 by Bill No. 10-2024]
The County Commissioners shall designate a contractor to serve as the Kent County Building Official/Building Code Administrator (hereinafter "Code Administrator"). In the event that a Building Official/Building Code Administrator has not been appointed, the appointing authority shall designate a person or agency to be responsible for enforcing the provisions of the building codes.
A building permit or any application for a building permit shall not be transferred from the applicant's name to another without the written approval of the Code Administrator. Request for the transfer by the applicant must be in writing.
A. 
The County Commissioners shall establish, by resolution, a schedule of fees for permits, interpretations, amendments, appeals and other matters pertaining to this chapter. The schedule of fees shall be available in the Planning and Zoning Office and may be revised from time to time only by the County Commissioners.
B. 
No permit shall be issued or action taken under this chapter until the fee has been paid in full.
[Amended 3-4-2025 by Bill No. 10-2024]
A. 
After issuing a building permit, the Code Administrator shall conduct such inspections from time to time during and upon completion of the work for which the permit has been issued. A record of all such examinations and inspections and of all violations of this code shall be maintained by the Code Administrator (or his authorized agent) of its readiness for an inspection of the completed phases of construction as listed below:
(1) 
Phase 1. Site review and footing/foundation excavation (in advance of foundation construction, e.g., concrete placement).
(2) 
Phase 2. Foundation structure inspection prior to backfilling and framing, including parging, waterproofing and drain tile (where required).
(3) 
Phase 3. Framing inspection at the completion of rough-in plumbing, electrical and heating, ventilating and air-conditioning (HVAC) work, prior to insulation and prior to interior finishes.
(4) 
Phase 4. Insulation inspection.
(5) 
Phase 5. Final inspection of the finished building, including compliance with handicap code requirements per the appropriate aforementioned ICC adopted codes, grading and required erosion control measures and the determination that the building is ready for use, safe and substantially complete.
B. 
The Code Administrator shall have the authority to determine any questions relative to what is "ready for use, safe and substantially complete."
C. 
Inspection requests shall be made at least 24 hours in advance of desired time of inspection and advise whether morning or afternoon inspection is desired. Requests for inspection shall be made to the Code Administrator. If upon visiting the site the inspector finds that the construction pertaining to the requested inspection does not meet the provisions of the code, the Code Administrator may impose a reinspection fee.
D. 
The Code Administrator may also impose a reinspection fee for the following reasons:
(1) 
Permit not posted on premises.
(2) 
Plans not on premises at time of inspection.
(3) 
Premises locked or otherwise inaccessible to inspector at time of inspection.
(4) 
Lack of safe access into premises.
(5) 
Lack of safe access between floors or between other areas of the work.
(6) 
Previous violation not corrected on call back.
E. 
In the event that the footing inspection is not made within 24 hours of the time requested, the applicant may continue with construction at his/her risk, without penalty for proceeding with construction.
F. 
In the event that other inspections are not made within 48 hours of the time requested, the applicant may continue with construction at his/her risk without penalty for proceeding with construction.
[Amended 6-3-2008 by Bill No. 3-2008]
Buildings on farms, classified under Use Group S-1 or U, including those facilities for housing of animals, for farm equipment and for farm storage but not including residential buildings, shall not be subject to inspection other than electric and plumbing.
[Added 11-16-2010 by Bill No. 4-2010; amended 3-4-2025 by Bill No. 10-2024]
Single-family and two-family dwellings must have an automatic residential fire sprinkler system installed as required by the State of Maryland. Such systems must be designed and installed by a licensed sprinkler contractor with a current license issued by the State of Maryland. Mobile homes that comply with HUD standards and are appropriately documented are not required to have a residential fire sprinkler system.
The Code Administrator and any other designated building code enforcement officer shall have the right to enter upon any premises at all reasonable times for the purpose of discharging the duties imposed upon him/her by this chapter where there is reasonable belief that a violation of this chapter has been or is being committed.
A. 
It shall be unlawful for any person, firm or corporation to erect, place, construct, alter, extend, remove, demolish, use or occupy any building or structure or equipment regulated by this code or cause the same to be done in conflict with or in violation of any of the provisions of this code.
B. 
It shall be a violation of this chapter to interfere with the Building Code Administrator or any other building code enforcement officer in the performance of his/her duties.
[Amended 3-4-2025 by Bill No. 10-2024]
A. 
Membership of Board. The Board of Building Appeals, hereinafter referred to as the "Board of Appeals," shall consist of the Construction Trades Board as set forth in Chapter 210 of the Code of Kent County, Maryland.
B. 
Qualifications of Board members. At least one member of the seated Board of Appeals during an appeal hearing shall be a licensed architect or professional engineer, construction superintendent or general contractor with at least 10 years' experience.
C. 
Adjourned meeting. When three members are not present to consider a specific appeal, the hearing shall be postponed if requested by either the appellant, the Code Administrator or their representative(s).
D. 
Action of the Board. The Board shall affirm, modify or reverse the decision of the Code Administrator by concurring vote of at least two members of the Board.
E. 
Determining vote. Failure to secure a majority vote of the Board in support of the appellant shall be confirmation of the Code Administrator's decision.
F. 
Court review. An appeal to the Circuit Court for Kent County from a decision of the Board may be filed in the manner as set forth in Title 7, Chapter 200, of the Maryland Rules.
[Amended 12-6-1994 by Bill No. 6-94]
A. 
Required. All persons, firms or corporations, before erecting or constructing any new building or buildings or any addition or alteration to any existing building in Kent County, the total expense of said construction or alteration being one thousand dollars ($1,000.) or more, shall be required to notify the Supervisor of Assessments of Kent County, in writing, of the intention to erect, construct or alter such building or buildings and shall state the location of the building or buildings and the approximate amount of money to be expended on said erection, construction or alteration.
B. 
Acknowledged. Upon the receipt of said notice, the Supervisor of Assessments of Kent County shall acknowledge the receipt of the same in writing, on such form or forms as may be suitable therefor. No fee shall be charged therefor.
C. 
Penalty. Any person, firm or corporation failing to comply with the provisions of this section shall be liable for double taxation upon a reasonable assessment of the erection, construction, addition or alteration so made for a period not to exceed three (3) years.
[1]
Editor's Note: This section was also derived from Section 9-20 of the 1989 Code, adopted 4-3-1990.
[Amended 12-6-1994 by Bill No. 6-94]
Provisions for the disabled and aged shall be provided in accordance with the laws of the State of Maryland. The Code Administrator shall review all plans for conformance with such codes and shall verify compliance prior to issuing the certificate of use and occupancy.
Except when erected upon solid rock or otherwise protected from frost, foundation walls, piers and other permanent supports of all buildings and structures larger than two hundred (200) square feet in area or ten (10) feet in height shall extend below the frost line of the locality, and spread footings of adequate size shall be provided when necessary to properly distribute the load within the allowable bearing value of the soil. Such structures shall be supported on piles or ranging timbers when solid earth or rock is not available. Footings shall not be founded on frozen soils unless such frozen condition is of a permanent character.[2]
[1]
Editor's Note: Former § 73-15, Swimming pools, as amended, was repealed 6-3-2008 by Bill No. 3-2008. This bill also redesignated former §§ 73-16 through 73-20 as §§ 73-15 through 73-19, respectively.
[2]
Editor's Note: See also Ch. 192, Part 4, Footings.
[1]
Editor's Note: Former § 73-16, Modifications to standards, as amended 6-3-2008 by Bill No. 3-2008, was repealed 3-4-2025 by Bill No. 10-2024.
This chapter shall not discharge, impair or release any contract, obligation, duty, liability or penalty whatever existing on the date of its enactment. All suits and actions, both civil and criminal, pending or which may hereinafter be instituted for causes of action now existing or offenses already committed against any law or ordinance repealed by this chapter shall be instituted, proceeded with and prosecuted to final determination and judgment as if this chapter has not become effective.
[Amended 12-6-1994 by Bill No. 6-94; 3-4-2025 by Bill No. 10-2024]
A. 
When violations occur, the Building Code Administrator may refer such violations to the Kent County Code Enforcement Office within the Department of Planning, Housing, and Zoning so the owner can be cited. If the notice of violation is not complied with in the time period stated in the notice of violation, the Code Enforcement Office shall request the County Attorney or any other designated attorney to institute the appropriate proceeding at law or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
B. 
It shall be the duty of the Administrator to enforce the provisions of this chapter and to refuse to approve any permit which would violate the provisions of this chapter. It shall be the duty of all officers and employees of Kent County to assist the enforcing officer as may be necessary for the enforcement of Kent County laws.
C. 
The Code Enforcement Office is authorized and directed to institute any appropriate action to correct violations of this chapter.
D. 
Any person, firm, corporation or other legal entity violating any provision of this chapter or any amendment thereto, upon conviction, shall be fined not less than $100 nor more than $500. Each and every day during which such violation occurs or continues may be deemed a separate offense.
E. 
If a person is found by the District Court to have committed a civil violation, in addition to the penalties set forth above, such person shall be liable for the cost of the proceedings in the District Court. All building permits shall be revocable subject to the continued compliance with all requirements and conditions of this and other applicable laws and regulations.
The imposition of the penalties herein described shall not preclude the County Attorney or any other designated attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, business or use of a building or structure on or about any premises.
[Added 3-4-2025 by Bill No. 10-2024]
Pursuant to Maryland 2024 House Bill 1265, "Local Government - Building Permits for Residential Solar Energy and Residential Energy Storage Systems - Required Platform And Inspections," all applications for solar rooftop installations subject to the required review by the web-based platform SolarAPP+ are hereby exempted from the requirements for compliance with the Electrical Code in order to meet state requirements. Said exemption is limited to only those requirements within the current Electrical Code which are in direct conflict with adopted state law. All other requirements are to be enforced and required for final inspection.
[Added 3-4-2025 by Bill No. 10-2024]
Refer to the chart below for climactic and geographic design criteria.
Climatic and Geographic Design Criteria
Ground Snow Load
Wind Design
Seismic Design Categoryf
Subsection to Damage From
Water Design Tempe
Ice Barrier Underlayment Requiredh
Flood Hazardsg
Air Freezing Indexg
Mean Annual Tempj
Speedd
(mph)
Topographic
Effectsk
Special Wind Regionl
Windborne Debris Zonem
Weatheringa
Frost Line Depthb
(inches)
Termitec
25
115
138
N/A
No
A
Severe
24
Moderate/heavy
17
No
11/5/2014
<1,500
54.4
For SI 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.47 m/s.
a.
Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure. R301.2(3). The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216, or C 652.
b.
The frost fine depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth whim, with the minimum depth of footing below finish, grade.
c.
The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d.
The jurisdiction shall fill in this part of the table with the wind speed, from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined on a site-specific basis M accordance with Section R301.2.1.4.
e.
The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2% values for winter from Appendix D of the International Plumbing Code Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f.
The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g.
The jurisdiction shall fill in this part of the table with: (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); (b) the date(s) of the Flood, Insurance Study; and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction as amended.
h.
In accordance with Sections P905.1.2 R905.4.3.1, R905.5.3.1, R905.6.3.1, R9053.7.31 and 1905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with " YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i.
The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
j.
The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
k.
In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l.
In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
m.
In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.