The International Building Code 2018, Chapters 1 through 26, 28, 30 through 35, along with Appendixes C, F, G, H and I, as amended, as published by the International Code Council, Inc., a copy of which is on file with the Department of Planning of the City of Havre de Grace, is hereby adopted by the Mayor and City Council of the City of Havre de Grace, Maryland, for the purpose of protecting the public health, safety and welfare of the citizens of the City of Havre de Grace.
The International Building Code 2018 shall be adopted with the
following amendments:
A.
The
name of the jurisdiction in the second line of Section 101.1 on page
1 of the International Building Code 2018 shall be "the City of Havre
de Grace."
B.
Section
101.4.1: Replace reference to the "International Fuel Gas Code" with
the "Harford County Plumbing Code."
C.
Section
101.4.3: The first sentence shall read as follows: "The provisions
of the Harford County, Maryland, Plumbing Code shall apply to the
installation, alterations, repairs and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings, and appurtenances,
and where connected to a water or sewage system and all aspects of
a medical gas system."
D.
Section
101.4.5 shall read as follows: "The provisions of the State of Maryland
Fire Prevention Code shall apply to matters affecting or relating
to structures, processes and premises from the hazard of fire and
explosion arising from the storage, handling or use of structures,
materials or devices; from conditions hazardous to life, property
or public welfare in the occupancy of structures or premises; and
from the construction, extension, repair, alteration or removal of
fire suppression and alarm systems or fire hazards in the structure
or on the premises from occupancy or operation."
E.
Section
101.4.6 shall read as follows: "Electrical. The provisions of the
Harford County, Maryland, Electrical Code shall apply to the installation,
alterations, repairs and replacement of electrical systems."
F.
Section
102.6: Reference to the "International Fire Code" shall be changed
to the "State of Maryland Fire Prevention Code and NFPA 101 and NFPA
1," and reference to the "International Property Maintenance Code"
shall be as amended by this code.
G.
Section
103 shall be entitled "Division of Inspection Services"; and Section
103.1 shall read as follows: "Creation of enforcement agency. The
Director of the Department of Planning or the Director's designee
is hereby designated as the Building Official or Code Official and
shall be in charge of all matters related to building and property
inspections."
H.
Add
a new Section 104.12, Restriction of employees: "An official or employee
connected with the Department of Planning shall not be engaged in
or directly or indirectly connected with the furnishing of labor,
materials or appliances for the construction, alteration or maintenance
of a building, or the preparation of construction documents thereof,
unless that person is the owner of the building; nor shall such officer
or employee engage in any work that conflicts with official duties
or with the interests of the Department."
I.
Section
105.1, Required: Add to the end of the section the following: "A commercial
use and occupancy permit will be required for any change in ownership
and/or tenancy."
J.
Section 105.1.1, Annual permit, shall be deleted.
K.
Section
105.1.2, Annual permit records, shall be deleted.
L.
Section
105.2, Work exempt from permit, shall be deleted.
M.
Section
105.2.2 is deleted and replaced with the following: "Repairs. Application
or notice to the Building Official is not required for ordinary repairs
to structures. Such repairs shall not 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."
N.
Add a new
Section 105.3.3 Abatement of uncompleted structures. In the event
that the responsible party fails to complete construction of a structure
after 180 days of abandonment, or revocation of the building permit,
and in the event that the responsible party fails to comply with the
lawful order of the Director or the Director's designee to make safe
by the completion of the construction or to demolish an unsafe and
uncompleted structure, the Director or the Director's designee shall
cause emergency work to be completed as required, to abate the unsafe
conditions by appropriate means, including the demolition and removal
of dangerous structures, using such public or private resources required
and available.
O.
Add a new
Section 105.3.4, Abatement of unsafe conditions. When, in the opinion
of the Director or the Director's designee, there is an imminent danger
to human life or the public welfare due to an unsafe condition, the
Director or the Director's designee shall cause the necessary work
to be done to eliminate the condition, including, but not limited
to, the demolition of the structure or structures. The Director or
the Director's designee shall cause to be published, for two weekly
issues, in a county newspaper of record, notice setting forth the
address of the building; a description of the real estate sufficient
for its identification; a statement that the property is unsafe and
constitutes an immediate and continuing hazard to the community; and
a statement that the City intends to demolish same if the owner fails
to do so. A person objecting to the proposed actions of the City may
file an objection in an appropriate form in a court of competent jurisdiction.
If the building is not demolished within 30 days of mailing notice
to the owners of record, or within 30 days of the last day of publication
of the notice in a county newspaper of record, whichever is ater,
the Director or the Director's designee shall pursue legal action
to demolish the structure or structures.
P.
Add a new
Section 105.3.5, Creation of a tax lien. There is created a tax lien
on real property for monies expended by the City for the making safe
of buildings or structures and/or abatement of other unsafe nuisances
or conditions constituting a danger to the public health and safety.
The amount of such lien shall be collected by the Director of Finance
in the same manner as other City real estate taxes.
Q.
Section
105.5, Expiration, shall read as follows: "A permit shall be deemed
to be expired if the work on the site authorized by said permit is
not commenced within 180 days after its issuance. The Building Official
may grant one extension for a period of 90 days to commence work on
the site if requested in writing and showing justifiable cause prior
to permit expiration."
R.
Add
a new Section 105.5.1, Void: "Any permit which has been applied for
and not issued within 180 days of application, and on which no work
has begun shall be deemed void. No refunds will be issued on any permits,
unless the permit has been canceled in writing by the applicant within
30 days of the date of original application, less a $100 administrative
fee, or permit fee, whichever is less. In no case will water and sewer
cost recovery fees be refunded or transferred."
S.
Add a new
Section 105.5.2 Incomplete: If the work authorized on the site by
such permit has commenced, but is suspended or abandoned for a period
of 180 consecutive days after the work is commenced, and the structure
is left in an unsafe condition, see Sections 105.3.3 and 105.3.4 above.
If all building and trades inspections have not received final approval,
the City may attach the permit record to tax records to prevent transfer
of title until all required inspections have been approved and the
permit file is closed.
T.
Section
105.6 Suspension or revocation is amended by adding the following
to the end of the section: "Any permit may be suspended or revoked
for illegal occupancy, or construction activities outside the scope
of application for a period of 90 days, provided the structure is
not left in an unsafe condition. No work may proceed during the ninety-day
period until the reason for suspension or revocation is addressed
by reapplying, or submitting revised building plans based on current
building codes. See also all previous 105 Sections as applicable."
U.
Section
105.7, Placement of permit, shall read as follows: "The building permit
or copy shall be kept on the site of the work, and displayed in plain
view where appropriate, until the completion of the project and final
inspections are approved."
V.
Section
109.2 shall read as follows: "Building permit fees. Fees for permits
shall be based upon the valuation of staff time required to execute
plan examinations, permit reviews and site inspections and shall be
established by the Mayor and City Council from time to time."
W.
Section
109.3 is amended by deleting the last two sentences of the section.
X.
Section
109.4, Work commencing before permit issuance, shall read as follows:
"Any person who demolishes any building or structure, or commences
any work on a building, structure or property, or opens a new business
before obtaining the necessary permits shall be subject to a fee equal
to double the required permit fee and may be guilty of a municipal
infraction or a misdemeanor. If the permit is not applied for with
the appropriate fees paid within 10 days of documented notification,
the property owner shall be subject to an additional fine equal to
the required permit fees for each thirty-day period the permit is
not applied for, not to exceed $1,000, and shall be collected as ad
valorem taxes."
Y.
New
Section 110.1.1, Approval of inspections or permits, shall be added
as follows: "Any inspection or permit approval provided by the City
is not a warranty of construction or workmanship. New permit applications
may be placed on hold if the applicant or property owner has other
open permits that are not compliant with City administrative procedures
and policies, as determined by the Director."
Z.
New
Section 110.7, Standards, shall be added as follows: "All buildings,
structures and appurtenances thereto shall be constructed strictly
in compliance with accepted engineering practices. All members and
components of the structure shall be installed, fitted or fastened,
moved or stored in such a manner that the full structural capabilities
of the members are obtained. Improper alignment (level and square),
fitting, fastening or methods of construction shall be considered
a violation of this code."
AA.
Section 111.2, Use and occupancy certificate issued, shall read as
follows: "The Building Official, or designee, shall sign and date
the office copy of the permit application and zoning certificate for
use and occupancy upon completion and approval of all required inspections
for which the permit was applied for. A copy of the certificate with
the use and occupancy approval shall be made available to the applicant."
BB.
Section 113.1, Board of Appeals — general, shall read as follows:
"Any person affected by any decision or notice which has been issued
by the City in connection with the enforcement of any provision of
this code, or of any rule or regulation adopted pursuant hereto, or
any person who desires to appeal a decision made pursuant hereto,
or who requests a variance from the terms hereof, or who requests
an interpretation of the terms hereof, may file an appropriate application
with the Board of Appeals of the City of Havre de Grace in accordance
with the Board of Appeals Ordinance contained in the Codified Ordinances
of the Mayor and City Council."
CC.
Board of Appeals Sections 113.2 through 113.3 are deleted.
DD.
Section 114.4, Violation penalties, shall read as follows:
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a.
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Any person who shall be adjudged to have (1) violated any of
the provisions of this ordinance; or (2) failed to comply herewith
or permitted or maintained such a violation; or (3) violated or failed
to comply with any order made hereunder; or (4) built in violation
of any details, statements, specifications or plans submitted or approved
hereunder; or (5) failed to operate in accordance with the provisions
of any certificate, permit, or approval issued hereunder shall, severally
for each violation and noncompliance respectively, be guilty of a
municipal infraction, for which a fine not to exceed $1,000 may be
imposed for each such infraction, payable to the City of Havre de
Grace, with costs imposed in the discretion of the court. Each day
that an infraction continues after notice has been served shall be
deemed a separate infraction. The imposition of a fine for any violation
shall not excuse the violation, nor shall the violation be permitted
to continue. Prosecution or lack thereof of either the owner, occupant,
or the person in charge shall not be deemed to relieve any of the
others.
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b.
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Any person who shall be convicted of willfully (1) violating
any of the provisions of this ordinance; or (2) failing to comply
herewith or permitting or maintaining such a violation; or (3) violating
or failing to comply with any order made hereunder; or (4) building
in violation of any details, statements, specifications or plans submitted
or approved hereunder; or (5) failing to operate in accordance with
the provisions of any certificate, permit, or approval issued hereunder
shall, severally for each violation and noncompliance respectively,
be guilty of a misdemeanor, punishable by a fine not exceeding $1,000
and imprisonment not exceeding 90 days for each violation, with costs
imposed in the discretion of the court. Each day that a violation
continues after notice has been served shall be deemed a separate
offense. The imposition of punishment for any violation shall not
excuse the violation, nor shall the violation be permitted to continue.
Prosecution or lack thereof of either the owner, occupant, or the
person in charge shall not be deemed to relieve any of the others.
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c.
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Any order or notice issued or served as provided in this ordinance
shall be complied with by the owner, operator, occupant or other person
responsible for the condition or violation to which the order or notice
pertains. Every order or notice shall set forth a time limit for compliance
dependent upon the hazard and danger created by the violation. In
cases of extreme danger to persons or property, immediate compliance
shall be required. If the notice of violation is not complied with,
the Code Official shall institute the appropriate proceeding at law
or in equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the structure
in violation of the provisions of this code or of the order or direction
made pursuant thereto.
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d.
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In addition to the other provisions set out in this ordinance,
the City of Havre de Grace may institute injunctive, declaratory or
any other appropriate action or proceedings at law or equity for the
enforcement of the International Building Code 2015 or to correct
violations of the International Building Code 2015, and any court
of competent jurisdiction has the right to issue restraining orders,
temporary or permanent injunctions or declaration of rights or other
appropriate forms of remedy or relief.
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e.
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EE.
Section 115.2, Issuance, shall read as follows: At the end of the
first sentence, add the following phrase "or posted conspicuously
on the property."
FF.
Section 115.3, Unlawful continuance, shall read as follows: "Any
person who shall continue any work after having been served with a
stop-work order, except such work as that person is directed to perform
to remove a violation or unsafe condition, shall be subject to the
penalties set forth in this code."
GG.
Add a new section: Section 116.6, Abatement: "If a person who has
been issued an order under this section fails, within the time limit
specified in a notice of violation or order, to abate the unsafe condition
or violation as directed, the Department of Planning may take whatever
abatement action that may be necessary by use of City employees and
equipment and/or by contract with private contractors. The cost and
expense of abating the unsafe condition shall be certified by the
Department of Planning. These charges shall constitute a lien upon
the real property and shall be collectible in the same manner as real
property taxes with the same priority, interest and penalties. Initiation
of abatement action shall not preclude the commencement of any other
action or legal proceedings authorized or permitted under this code,
the laws of the State of Maryland and the common law."
HH.
Section
903.2.1.2 is amended by substituting "300" for "100" in item 2 between
the words "of" and "or."
II.
Section 1020.1 is amended by adding the following exception: "6.
Corridors contained within a single tenant space."
JJ.
Chapter 11, Accessibility, is deleted in its entirety and is replaced
with the Maryland Accessibility Code set forth in COMAR 09.12.53 et
seq.
KK.
Section 1503.4.3, Gutters: Add to the existing section: "Gutters
and downspouts shall be provided on all roofed structures having a
horizontal building plane area exceeding 240 square feet. They shall
be sized to accommodate runoff from the roof area and in accordance
with manufacturer's specifications. Stormwater outfall from downspouts
shall not be discharged in a manner that detrimentally impacts adjoining
properties."
LL.
Add a new section, Section 1503.7, Drip edge: "Noncorrosive roof
edging shall be provided at roof edges and shall cover the upper edges
of the roof sheathing and fascia."
MM.
Figure 1608.2 is amended by adding the following note: "The ground
snow load, pg, for Harford County, Maryland, shall be 30 psf.
NN.
Section 1612.3, Establishment of flood hazard areas, shall be deleted:
(see the City of Havre de Grace Floodplain Ordinance).
OO.
Section 1809.5, Frost protection, is amended by deleting Method 1
and inserting in lieu thereof: "1. Extending below the frost line
established as 30 inches below final grade."
PP.
Table 2304.10.1, Fastening Schedule: in Number 6, add the following
language: "Applicably sized hurricane top plate anchors are mandatory."
QQ.
Add a
new Subsection 3001.1: Maryland State Elevator Code. The provisions
of this code are in addition to the requirements in the Maryland State
Elevator Code. If a conflict between this code and the state code
exists, the requirements in the state code shall apply.
RR.
Section 3103.1.2, Permit required, shall read: "Permits shall be
required for temporary structures in accordance with applicable codes."
SS.
Section 3109.1 is hereby deleted, and the following is inserted in
lieu thereof: "All swimming pools, spas and hot tubs shall be provided
with barrier protection in accordance with Section 305 of the 2018
International Swimming Pool and Spa Code. No property owner or contractor
shall fill a new swimming pool or spa with water until a permanent
or temporary barrier has been approved. A temporary barrier may remain
in place for no more than 30 days unless approved by the Building
Official."
TT.
New Subsection
3109.2 is added as follows: "3109.2 Suction entrapment avoidance.
All swimming pools, spas and hot tubs shall be provided with suction
entrapment avoidance in accordance with Section 310 of the 2018 International
Swimming Pool and Spa Code."
UU.
New Subsection
3109.3 is added as follows: "3109.3 Grading. In-ground swimming pools
require silt fencing to be installed around work area. Final grading
cannot impact stormwater runoff onto neighboring properties. Excavated
material shall be removed from property."
VV.
New Section 3109.3, Pool installation, shall be added as follows:
"Any pool installation requiring grading or excavation as part of
the installation will be required to erect silt fencing completely
around the area to be graded or excavated. No fill or excavated material
shall be distributed or placed in a manner which would affect stormwater
runoff to neighboring properties."
WW.
Section 3201.3, Other laws: A second sentence shall be added as follows:
"No encroachment into the public right-of-way for construction or
installation of any structure may take place without prior approval
by the Mayor and City Council."
XX.
Section 3201.4, Drainage, shall read: "Drainage water collected from
a roof, awning, canopy or marquee, foundation drains, sump pump, fresh
water ground springs resulting from new construction or grading, and
condensation from mechanical equipment shall not flow over a public
walking surface."
YY.
Section 3202.3.3, Encroachments 15 feet or more above grade, shall
be deleted.
ZZ.
Add a new section, Section 3301.3, Housekeeping: "Rubbish and trash
shall not be allowed to accumulate on construction sites or other
premises and shall be stored in approved secured containers and removed
as soon as conditions warrant. Combustible rubbish shall be removed
promptly and shall not be disposed of by burning on the premises or
within City limits. Unused or discarded construction materials must
be removed from the construction site immediately following project
completion or when a permit is void. Vegetation and weeds shall be
properly maintained in accordance with the IPMC."
AAA.
Appendixes A, B, D, E, H and J shall be deleted.
BBB.
Appendix G, Flood-Resistant Construction: In case of conflicts, the
order of compliance is Federal Emergency Management Agency regulation,
Maryland Department of the Environment regulations, City of Havre
de Grace ordinances, and Appendix G last.
Nothing in this article or in the International Building Code
2018 hereby adopted shall be construed to affect any existing suit
or proceeding pending in any court, or any vested rights acquired,
or liability incurred, or any cause or causes of action acquired or
existing, under any act or ordinance hereby repealed, and any amendments
thereto; nor shall any preexisting legal right or remedy of any character
be lost, impaired or affected merely by the passage of this article.
