[HISTORY: Adopted by the County Commissioners
of Kent County 3-6-1990 by Bill No. 2-90. Amendments noted where
applicable.]
[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]
A.
The ICC International Building Code (2009 Edition)
(the IBC) as may be modified by the Maryland Department of Housing
and Community Development, the ICC International Residential Code
(2009 Edition) (the IRC) as may be modified by the Maryland Department
of Housing and Community Development, and the International Energy
Conservation Code (2009 Edition) (the IECC) as may be modified by
the Maryland Department of Housing and Community Development, and
as amended from time to time, are hereby adopted and incorporated
into the law 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.
[Amended 11-16-2010 by Bill No. 4-2010]
B.
The International Mechanical Code (2006 Edition),
as may be modified by the Maryland Department of Housing and Community
Development, and as amended from time to time, is hereby adopted and
incorporated into the law of Kent County as if fully set out herein
for the purpose of providing minimum requirements for safe mechanical
systems in residential buildings and all other buildings wherein mechanical
systems are installed.
C.
In the event of any conflict between the provisions
found in the IBC, IRC, and the Kent County Land Use Ordinance, the
provisions of the Kent County Land Use Ordinance shall apply.
The legal use and occupancy of any structure
existing on the date of adoption of this code or for which it has
been heretofore approved shall be continued without change, except
as may be specifically covered in this code or as may be deemed necessary
by the Building Code Administrator for the general safety and welfare
of the occupants and the public.
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:
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Use Group
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Professional Required
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A: Assembly buildings
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Architect or structural engineer
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B: Business
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Architect or structural engineer
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E: Educational
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Architect or structural engineer
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F: Factory
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Architect or structural engineer
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H: High hazard
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Structural engineer
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I: Institutional
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Architect or structural engineer
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M: Mercantile
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Architect or structural engineer
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R-1: Hotel/motel
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Architect or structural engineer
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R-2: Multifamily
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Architect or structural engineer
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R-3: Single-family and duplex
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None
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R-4: Single-family and duplex
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None
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S-1 and S-2: Storage building
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Architect or structural engineer
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U: Utility building
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None
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The County Commissioners shall designate a Building
Code Administrator (hereinafter "Code Administrator"). In the event
that a Building Administrator has not been appointed, the appointing
authority shall designate a person or agency to be responsible for
enforcing the provisions of the Building Code.
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.
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. Completed structural framing. This inspection
is not required for single-family and duplex dwellings.
(4)
Phase 4. 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.
(5)
Phase 5. Insulation inspection.
(6)
Phase 6. Final inspection of the finished building,
including compliance with handicap code requirements per Section 512.1
of the BOCA National Building Code, 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 twenty-four
(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 twenty-four (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
forty-eight (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]
Chapter 3, Section R313.2, of the International Residential Code, which requires automatic fire sprinkler systems in one- and two-family dwellings, is hereby deleted, and new Chapter 3, Section R313.2, provisions are inserted as follows:
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R 313.2 One- and two-family dwelling automatic fire systems. Effective January 1, 2011, an automatic residential fire sprinkler
system shall be offered as an option to be installed in all newly
constructed one- and two-family dwellings built solely for the owner's
own occupancy under the following provisions:
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(a)
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Option to buyer. A seller of a newly constructed one- or two-family
dwelling shall offer the initial buyer or owner an option to install
a residential automatic fire sprinkler system.
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(b)
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Disclosure of information. The real estate sales contract for
the construction or sale of a new one- or two-family dwelling shall
disclose the estimated cost of installing a residential automatic
sprinkler system and the anticipated estimate to maintain such system.
The buyer shall acknowledge receipt of the sprinkler option notification
regarding the installation of a residential sprinkler system and shall
indicate whether the buyer intends to exercise the option to install
a residential sprinkler system to improve the life and safety of the
occupants and to reduce property damage from fire.
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(c)
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Every home constructed as a spec house, rental or part of a
marketing campaign to sell one- or two-family dwellings shall contain
a residential automatic sprinkler system.
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(d)
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Before issuing a building permit, the Department of Planning,
Housing and Zoning shall require the applicant to submit a signed
and notarized sprinkler option notification indicating compliance
with the provisions of this section.
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(e)
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The Department of Planning, Housing and Zoning shall withhold
the issuance of a building permit for the construction of a new one-
or two-family dwelling that does not meet the provisions of this section
in regard to notification to the buyer and submission of all necessary
documentation.
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(f)
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Exceptions:
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1.
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An automatic residential fire sprinkler system shall not be
required for additions or alterations to one- or two-family dwellings
that are not already provided with an automatic sprinkler system.
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2.
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Mandatory automatic sprinkler systems may be required for new
one- or two-family dwellings constructed with the boundaries of the
incorporated municipalities of Kent County.
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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.
A.
Membership of Board. The Board of Building Appeals,
hereinafter referred to as the "Board of Appeals," shall consist of
three (3) members appointed by the County Commissioners of Kent County,
one (1) member to be appointed for three (3) years, one (1) member
for two (2) years and one (1) member for one (1) year, and thereafter
each new member shall be appointed for three (3) years or until his/her
successor has been appointed. An alternate shall be appointed to serve
in the absence of a regular member.
B.
Qualifications of Board members. At least one (1)
of the three (3) members of the Board of Appeals shall be a licensed
architect or professional engineer, construction superintendent or
general contractor with at least ten (10) years' experience.
C.
Adjourned meeting. When three (3) 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 (2) 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 Chapter 1100 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]
[Amended 6-3-2008 by Bill No. 3-2008]
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.
A.
If the notice of violation is not complied with in
the time period stated in the notice of violation, the Building Code
Administrator 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 issue 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 by reporting to him any seeming violation of this chapter.
C.
The Administrator 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 one hundred dollars
($100.) nor more than five hundred dollars ($500.) or may be imprisoned
for a period of not more than thirty (30) days, or may be subject
to both fine and imprisonment, in the discretion of the court. Each
and every day during which such violation occurs or continues may
be deemed a separate offense.[1]
[1]
Editor's Note: Original Subsections 5-105(d)
through (i), which listed citations for civil infractions and immediately
followed this subsection, were deleted 12-6-1994 by Bill No. 6-94.
E.
If a person is found by the District Court to have
committed a civil violation, in addition to the penalties set forth
above he 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.
