[HISTORY: Adopted by the Mayor and Council of the City of
Aberdeen as indicated in article histories Amendments noted where
applicable.]
[Adopted 6-3-2024 by Ord. No. 24-O-13[1]]
[1]
Editor's Note: This ordinance also repealed former Ch, 210, Building Construction, adopted by the Commissioners of the Town of Aberdeen (now Mayor and Council of the City of Aberdeen), comprised of Art. I, Building Standards, adopted 4-9-1990 by Ord. No. 352-90 (Ch. 46, Art. I of the 1990 Code), as amended, and Art. II, Water-Conserving Fixtures, adopted 3-27-1989 by Ord. No. 329 (Ch. 46, Art. II of the
1990 Code), as amended.
A.
Subject to modifications in § 210-3 and § 210-4 of this chapter, the City of Aberdeen hereby adopts the following codes:
(1)
The 2021 International Building Code as published by the International
Code Council, Inc. ("IBC");
(2)
The 2021 International Residential Code as published by the International
Code Council, Inc. ("IRC");
(3)
The 2021 International Mechanical Code as published by the International
Code Council, Inc., and as modified by Chapter 82, Article III, of
the Harford County Code;
(4)
The 2021 International Energy Conservation Code as published by the
International Code Council, Inc., and as modified by Chapter 82, Article
IV, of the Harford County Code;
(5)
The 2021 International Swimming Pool and Spa Code as published by
the International Code Council, Inc., and as modified by Chapter 82,
Article V, of the Harford County Code;
(6)
The 2021 International Plumbing Code as published by the International
Code Council, Inc., and as modified by Chapter 202 of the Harford
County Code;
(7)
The 2021 International Fuel/Gas Code as published by the International
Code Council, Inc., and as modified by Chapter 202 of the Harford
County Code;
(8)
The 2023 NFPA 70 National Electrical Code as published by the National
Fire Protection Association (Electrical Section) and as modified by
Chapter 105 of the Harford County Code.
B.
The codes referenced in Subsection A of this section are hereinafter referred to in this chapter as the "building code," and by reference thereto are made part of this chapter with the same force and effect as though set out in full herein, save and except as such changes, amendments, revisions, deletions, subsections and/or additions as are specified in this chapter.
C.
If conflicts with this building code or with changes, amendments,
revisions, deletions, subsections, and/or additions to that code are
found elsewhere in the City Code, the most restrictive provisions
shall apply.
As used in this chapter, the following terms shall have the
meanings indicated:
The Director of the Department of Public Works or the Director's
designee.
The Department of Public Works.
The Maryland Accessibility Code set forth in the Code of
Maryland Regulations, Title 5, Subtitle 12, Chapter 09.12.53.
The 2021 International Fuel/Gas Code as modified by Chapter
202 of the Harford County Code.
The 2021 International Mechanical Code as modified by Chapter
82, Article III, of the Harford County Code.
The 2021 International Plumbing Code as modified by Chapter
202 of the Harford County Code.
The 2023 National Electrical Code as modified by Chapter
105 of the Harford County Code.
A.
The International Building Code is modified as follows:
(1)
Subsection 101.1 is hereby amended by substituting "City of Aberdeen,
Maryland" for "name of jurisdiction" in the second line.
(2)
Subsection 101.2.1 is deleted and the following is inserted in lieu
thereof:
101.2.1 Appendices. Provisions in Appendix I, Patio Covers,
are adopted as part of the City of Aberdeen Building Code.
(3)
Subsection 101.4.1 is amended by adding "Reference Chapter 202 of
the Harford County Code." at the end of this subsection.
(4)
Subsection 101.4.3 is amended by adding "Reference Chapter 202 of
the Harford County Code." at the end of this subsection.
(5)
Subsection 101.4.4 is deleted and the following is inserted in lieu
thereof:
"101.4.4 Electrical. The provisions of the National Electrical
Code NFPA 70 shall apply to the installation, alteration, repair and
replacement of electrical systems. Reference Chapter 105 of the Harford
County Code."
(6)
Subsection 101.4.7 is amended by adding "or the Maryland Rehabilitation
Code (MBRC) set forth in COMAR 09.12.58" between the words "code"
and "shall" in the second line, and by adding "The provisions of the
International Existing Building Code shall be applicable to all structures
where construction commenced prior to March 1, 1968 and legally existing
structures permitted on or after March 1, 1968" at the end of this
section.
(7)
Subsection 102.6 is amended by deleting "the International Property
Maintenance Code" starting in the fifth line.
(8)
Subsection 102.6.2 is amended by deleting "or International Property
Maintenance Code" starting in the fifth line.
(9)
Subsection 103.1 is deleted in its entirety.
(10)
Subsection 104.10.1 is deleted in its entirety.
(11)
Subsection 105.1 is amended by adding "and the International
Fire Code" between the words "code" and "or" in the sixth line.
(12)
Subsection 105.1.1 is deleted.
(13)
Subsection 105.1.2 is deleted.
(14)
Subsection 105.2 is amended by deleting building subitems 1,
2, 4, 5, 6, and 9.
(15)
Subsection 105.2.2 is deleted and the following is inserted
in lieu thereof:
"105.2.2 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."
(16)
New Subsection 105.2.3 is added as follows:
"105.2.3 Public Service Agencies. A permit shall not be required
for the installation, alteration or repair of generation, transmission,
distribution or metering or other related equipment that is under
the ownership and control of public service agencies by established
right."
(17)
Subsection 105.3 is amended by adding "or electronically" after
the word "writing" in the second line.
(18)
Subsection 105.5 is deleted and the following inserted in lieu
thereof:
"105.5 Expiration. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced
within 12 months after its issuance, or if the work authorized on
the site by such permit is suspended or abandoned for a period of
180 days after the time the work is commenced. The Building Official
is authorized to grant, in writing, extensions for one calendar year.
If the permit holder has not received at least one inspection, extension
shall be requested in writing and pursuant to the aberdeen fee schedule
in § A550 of the City of Aberdeen Code. If the permit holder
has received at least one inspection, an extension shall be requested
in writing and shall not be subject to a fee."
(19)
New Subsection 105.6.1 is added as follows:
"105.6.1 Withholding Permits. The Building Official may withhold
the issuance of any permit and/or place a hold on inspections if the
applicant, the owner or any individual listed on the application as
a responsible officer (if the applicant is a business entity), has
failed to remedy or correct any existing/alleged violation of the
City of Aberdeen Code on any construction project in the City of Aberdeen
for which the applicant has been cited by any City department or Harford
County agency."
(20)
New Subsection 105.8 is added as follows:
"105.8 Transfer of Permits. When a change of ownership occurs
for a property for which a building permit application has been made
or a permit has been issued, the application or permit may be transferred
to the new property owner after submission to the City of evidence
of the transfer of ownership."
(21)
Subsection 106.1 is deleted and the following is inserted in
lieu thereof:
"106.1 Live Loads Posted. In commercial or industrial buildings,
for each floor or portion thereof designed for live loads exceeding
50 PSF (2.40KN/M2) the Building Official shall have the authority
to require such design live loads to be conspicuously posted by the
owner or the owner's authorized agent in that part of each story
in which they apply, using durable signs. It shall be unlawful to
remove or deface such notices."
(22)
Subsection 107.3.2 is amended by deleting the phrase "within
180 days after the effective date of this code and has not been abandoned."
Beginning in the sixth line and inserting the following in lieu thereof:
"and the permit has not expired in accordance with Section 105.5."
(23)
Subsection 109.2 is deleted and the following is inserted in
lieu thereof:
"109.2 Schedule of Permit Fees. Where a permit is required, a fee shall be paid as required, in accordance with the schedule as established by Chapter A550 of the City of Aberdeen Code and, if applicable, in accordance with Chapters 157 of the Harford County Code.
(24)
Subsection 109.3 is amended by deleting the last two sentences:
"If, in the opinion of the Building Official, the valuation
is underestimated on the application, the permit shall be denied,
unless the applicant can show detailed estimates to meet the approval
of the Building Official. Final building permit valuation shall be
set by the Building Official."
(25)
Subsection 109.4 is deleted and the following is inserted in
lieu thereof:
"109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building or structure before obtaining the necessary permits shall be subject to a fee as established in Chapter A550 of the City of Aberdeen Code."
(26)
Subsection 109.6 is deleted.
(27)
New Subsection 110.1.1 is added as follows:
"110.1.1 Purpose of Inspections. All inspections conducted by
the Department of Public Works or their designee are performed for
the protection and promotion of public safety, health and welfare.
The inspections are made solely for the public benefit and are not
to be construed as providing any warranty of construction to individual
members of the public."
(28)
Subsection 110.3.12.1 is amended by substituting "per Chapter
275" for "Section 1612.4."
(29)
New Subsection 110.3.13 is added as follows:
"110.3.13 Hazardous Materials Inspections. As deemed necessary
by the Building Official, approval from the Harford County hazardous
materials team may be required prior to a certificate of occupancy
being issued."
(30)
New Subsection 110.7 is added as follows:
"110.7 Standards. All buildings, structures and appurtenances
thereto shall be constructed strictly in compliance with accepted
engineering practice. 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."
(31)
Subsection 111.2 is amended by deleting the phrase "or other
laws that are enforced by the Department of Building Safety," in the
third line and inserting the following in lieu thereof: "and is satisfied
that the work conforms to the requirements of all other applicable
laws,".
(32)
Subsection 111.3 is amended by adding the following at the end
of the subsection:
"Any person, firm or corporation engaged in the process of selling
property in which a temporary certificate of occupancy is issued shall
at the time of settlement present to the buyer a copy of the temporary
certificate of occupancy which must include a list of deficiencies
that remain to be corrected."
(33)
Subsection 112.1 is amended by deleting the phrase "this code"
in the third line and inserting the following in lieu thereof: "The
City of Aberdeen."
(34)
Subsection 112.3 is amended by deleting the phrase "this code"
in the fourth line and inserting the following in lieu thereof: "the
City of Aberdeen."
(35)
Subsection 113 is deleted.
(36)
Subsection 114.4 is amended by deleting the phrase "shall be
subject to penalties as prescribed by law" in the last line and inserting
the following in lieu thereof:
"Shall be guilty of a muncipal infraction and shall be fined
not more than $1,000. Each calender day that a violation continues
or in which a violation occurs shall be deemed a separate offense."
(37)
Subsection 116 is deleted.
(38)
Section 202 is amended by adding
the following definition between the terms "construction documents"
and "construction types":
"Construction trailer. A single unit industrialized building
that meets all of the following criteria:
1.
The
unit has a body width of no more than 12 feet and has a body length
not to exceed 60 feet;
2.
The
unit must be placed on an active construction site and removed within
30 days after the completion of the construction;
3.
The
unit shall not be open to the public and shall be for the exclusive
use of the on-site contractors to conduct necessary business or to
store construction materials related to the construction project;
and
4.
All
applicable electrical and plumbing installations have approved temporary
permits and have received appropriate inspections and occupancy approvals."
(39)
Subsection 308.5.1 is amended by adding the following exception:
"Exception: a childcare facility may be classified as I-4 when
the facility is classified as a day care occupancy under the State
Fire Prevention Code."
(40)
Subsection 406.2.7 is amended by deleting "Section 1107" and
replacing with "the Maryland Accessibility Code COMAR 09.12.53."
(41)
Subsection 411.4 is amended by deleting item 3 and replacing
with the following:
"3. All exits and exit access doors from each puzzle room shall
be open and readily available upon activation by the automatic fire
alarm system, automatic sprinkler system, or a manual control at a
constantly attended location, and shall have a readily accessible
control located inside each puzzle room."
(42)
Subsection 502.1 is deleted and the following is inserted in
lieu thereof:
"502.1 Address Identification. New and existing buildings undergoing renovations that require the issuance of a building permit shall be provided with approved address identification in accordance with Chapter 215 of the City of Aberdeen Code."
(44)
New Section 511 is added after Section 510 as follows:
|
"Section 511
Electrical Energy Storage Systems
|
|
511.1 Electrical Energy Storage Systems. Electrical energy storage
systems shall be regulated by the provisions contained in the International
Fire Code."
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(45)
Subsection 903.2.1.2 is amended by substituting "300" for "100"
in Item 2 between the words "of" and "or."
(46)
Subsection 1020.1 is amended by adding the following exception:
"6. Corridors contained within a single tenant space."
(47)
Subsection 907.2.1.1 is amended by deleting "1,000" in the section
heading between the words "of" and "or" and also in line 2 between
the words "of" and "or," and in each instance replace with "300."
(48)
Subsection 1004.8 is amended by adding the words "nail salons"
between the words "centers" and "trading" in the third line.
(49)
Chapter 11 is deleted in its entirety.
(50)
Figure 1608.2 is amended by adding the following note:
"1. The ground snow load, PG, for Harford County, Maryland shall
be 30 PSF."
(51)
Subsection 1612.3 is deleted.
(52)
Subsection 1612.3.1 is deleted.
(53)
Subsection 1612.3.2 is deleted.
(54)
Subsection 1612.4 is deleted.
(55)
Subsection 1809.5 is amended by deleting method 1 and inserting
in lieu thereof:
"1. Extending below the frost line established as 30" below
final grade."
(56)
New Subsection 3001.1.1 is added as follows:
"3001.1.1. 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."
(57)
Subsection 3103.1 is amended by adding "within any 365-consecutive-day
period or, with the approval of the building official, multiple periods
equaling fewer than 180 days within any 365-consecutive-day period"
after the word "days" in the third line.
(58)
Subsection 2103.1.2 is deleted and the following inserted in
lieu thereof:
"3103.1.2. Permit required. Temporary structures that are used
or intended to be used for the gathering together of 10 or more persons,
shall not be erected, operated or maintained for any purpose without
obtaining a permit from the Building Official."
(59)
Chapter 35 referenced standards under the NFPA 70-20 is hereby
deleted and Harford County Chapter 105 is inserted in lieu thereof.
A.
The International Residential Code is modified as follows:
(1)
Subsection R101.1 is amended by deleting "name of jurisdiction" and
inserting in lieu thereof "City of Aberdeen, Maryland."
(2)
New Subsection R101.4 is added as follows:
"R101.4 Safeguards During Construction. The provisions of Chapter 33 of the 2021 International Building Code as adopted by Article I of this chapter shall be applicable to all construction sites possessing a valid building permit."
(3)
Subsection R102.5 is deleted and the following is inserted in lieu
thereof:
"R102.5 Appendices. Provisions in Appendix A, Sizing and Capacities
of Gas Piping; Appendix B, Sizing of Venting Systems Serving Appliances
Equipped With Draft Hoods, Category I, Appliances, and Appliances
Listed for Use and Type B Vents; Appendix C, Exit Terminals of Mechanical
Draft and Direct-Vent Venting Systems; Appendix D, Recommended Procedure
for Safety Inspection of an Existing Appliance Installation; Appendix
E, Manufactured Housing Used as Dwellings; Appendix H, Patio Covers;
Appendix I, Existing Buildings and Structures; and Appendix K, Sound
Transmission, shall be deemed as part of this code."
(4)
Sections R103 through R114 of the 2021 International Residential Codes are deleted and Sections 102 through 117 of § 250-3 of the City of Aberdeen Code shall be applicable for the administration of the code.
(5)
Section R202 is amended by removing the last sentence in the definition
of "building" by deleting the last sentence in its entirety.
(6)
Section R202 is amended by adding the following to the definition
of "fire separation distance":
"4. To an exclusive use easement line.
The distance shall be measured at a right angle from the face
of the wall."
(7)
Section R202 is amended by deleting the definition of "manufactured
home" and inserting in lieu thereof:
"MANUFACTURED HOME. Manufactured home means a structure, transportable
in one or more sections, which in the traveling mode is 8 body feet
or more in width or 40 body feet or more in length or, when erected
on site, is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein. Calculations used to determine the number of square feet
in a structure will be based on the structure's exterior dimensions
measured at the largest horizontal projections when erected on site.
These dimensions will include all expandable room, cabinets and other
projections containing interior spaces, but do not include bay windows.
This term includes all structures which meet the above requirements
except the size requirements and with respect to which the manufacturer
voluntarily files a certification pursuant to § 3282.13
of the Code of Federal Regulation and complies with the standards
set forth in Part 3280.
Note: For mobile homes built prior to June 15, 1976, a label
certifying compliance to the standard for mobile home, NFPA 501, ANSI
119.1, in effect at the time of manufacture is required. For the purpose
of these provisions, a mobile home shall be considered a manufactured
home."
(8)
Table R301.2(1) is amended by adding the following design values:
“Ground snow load - 30 PSF; wind - 90 mph; topographic
effects - no; special wind region - no; wind-born debris zone - no;
seismic design Category - B; weathering - severe; frost line depth
- 30 inches (762 mm); termite - moderate to heavy; ice barrier underlayment
required - no; flood hazards - July 16, 1981 and January 7, 2000;
air freezing index - 554; mean annual temp - 31° F.; latitude
- 39° N; winter heating - 99% 70°; summer cooling - 1% 95°;
altitude correction factor - 1.0; interior design temperature - 10°;
design temperature cooling - 75°; heating temperature difference
- 60°; wind velocity heating - 7.0; wind velocity cooling - 7.0;
coincident wet bulb - 77°; daily range - M; winter humidity -
30%; summer humidity - 50%.”
(9)
Table R302.1(1) is amended by adding the following line at the bottom
of the table:
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All portions of attached decks and open roof covered decks.
Open roof covered decks may have a maximum opaque wall surface area
of 50%
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Not allowed
|
N/A
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< 2 feet
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(10)
Table R302.1(2) is amended by adding the following line at the
bottom of the table:
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All portions of attached decks and open roof covered decks.
Open roof covered decks may have a maximum opaque wall surface area
of 50%A
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Not allowed
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N/A
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< 2 feet
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(11)
Subsection R313.1 is amended by adding a "1" in the beginning
of the first sentence of the exception and adding the additional exception:
"2. A property for the construction of a townhouse that is not
connected to an electric utility."
(12)
Subsection R313.2 is amended by adding a "1" in the beginning
of the first sentence of the exception and adding the additional exception:
"2. A property for the construction of a one- and two-family
dwelling that is not connected to an electric utility."
(13)
New Subsection R312.1.1.1 is added as follows:
"R312.1.1.1 Areaway Guards. A guardrail or other approved barrier
shall be installed on areaway walls with a grade level elevation difference
of greater than 48 inches (1219.2 mm). Guards shall be constructed
in accordance with Section R312."
(14)
Subsection R319.1 is deleted and the following is inserted in
lieu thereof:
"R319.1 Address Identification. New and existing buildings undergoing
renovations that require the issuance of a building permit shall be
provided with approved address identification in accordance with Chapter
84 of the Harford County Code."
(15)
Subsection R405.1 is amended by deleting the exception at the
end of the subsection.
(16)
Subsection R506.2.2 is amended by deleting the exception at
the end of the subsection.
(17)
New Subsection R703.9.3 is added as follows:
"R703.9.3 Special Inspections. Special inspections shall be
required for all EIFS applications.
Exceptions:
1. Special inspections shall not be required for EIFS applications
installed over a water-resistive barrier with a means of draining
moisture to the exterior.
2. Special inspections shall not be required for EIFS applications
installed over masonry or concrete walls."
(18)
New Subsection R903.4.2 is added as follows:
"R903.4.2 Gutters and Leaders. Gutters and leaders shall be
installed in accordance with the Harford County Plumbing Code."
(19)
Part IV - Energy Conservation is deleted and the International
Energy Conservation Code as adopted in Article IV is inserted in lieu
thereof.
(20)
Part VII, Chapters 25, 26, 27, 28, 29, 30, 31, 32 and 33 are
deleted and the Harford County Plumbing Code is inserted in lieu thereof
except for Subsection P2904, Dwelling Unit Fire Sprinkler Systems,
which shall remain as part of this code.
(21)
Part VIII, Chapters 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43
are deleted and the Harford County Electrical Code is inserted in
lieu thereof.
(22)
Subsection AE101.1 is amended by deleting the sentence "these
provisions shall be applicable only to a manufactured home used as
a single dwelling unit installed on privately owned (nonrental) lots
and shall apply to the following:" and inserting the following sentence
in lieu thereof: "These provisions shall be applicable only to a manufactured
home used as a single dwelling unit installed on private and rental
lots and shall apply to the following:".
(23)
Subsection AE103.1 is amended by deleting the definition of
"manufactured home" and inserting the following in lieu thereof:
"MANUFACTURED HOME. Manufactured home means a structure, transportable
in one or more sections, which in the traveling mode is 8 body feet
or more in width or 40 body feet or more in length or, when erected
on site, is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein. Calculations used to determine the number of square feet
in a structure will be based on the structure's exterior dimensions
measured at the largest horizontal projections when erected on site.
These dimensions will include all expandable room, cabinets and other
projections containing interior spaces, but do not include bay windows.
This term includes all structures which meet the above requirements
except the size requirements and with respect to which the manufacturer
voluntarily files a certification pursuant to § 3282.13
of the Code of Federal Regulation and complies with the standards
set forth in Part 3280.
Note: for mobile homes built prior to June 15, 1976, a label
certifying compliance to the standard for mobile home, NFPA 501, ANSI
119.1, in effect at the time of manufacture is required. For the purpose
of these provisions, a mobile home shall be considered a manufactured
home."
(24)
Subsectional AE103.1 is amended by deleting the definition of
"privately owned nonrental) Lot" and inserting the following in lieu
thereof:
"Privately owned (nonrental) lot. A parcel of real estate outside
of a manufactured home rental community (park) where the land and
the manufactured home to be installed thereon are held in common ownership."
(25)
Subsection AE103.1 is amended by adding the following definition:
"RENTAL LOT. A lot or space that is rented in an approved manufactured
home community or park."
(26)
Subsection AE103.1 is amended by adding the following definition:
"INDUSTRIALIZED BUILDING. As defined by Section 12-301(D) of
the Public Safety Article, of the Annotated Code of Maryland, 'industrialized
building' means a building assembly or system of building subassemblies
manufactured in its entirety, or in substantial part, offsite and
transported to the point of use for installation or erection, with
or without other specified components, as a finished building or as
a part of a finished building comprising two or more industrialized
building units. An industrialized building need not have electrical,
plumbing, heating, ventilating, insulation or other service systems;
but when such systems are installed at the offsite manufacture or
assembly point they shall be deemed a part of such building assembly
or system of building assemblies. Industrialized building does not
include open frame construction which can be completely inspected
onsite. An 'industrialized building' does not include a
mobile home."
The City may employ inspectors for the purpose of enforcing
the code or may designate such other person, firm, corporation, municipality
or county as to perform such inspections.
All building permits shall be issued by the director of planning
and community development. All drawings, plans or other documentation
shall be filed with the application. No application shall be issued
until all fees have been paid.
Where the provisions of the building code are less stringent than or conflict with the City's development code, then Chapter 235, Development Code, shall govern, except that where the building code is more stringent or restrictive in a standard than the development code, then the building code will govern.
Any person who shall violate the provisions of this chapter
or shall fail to comply with any of the requirements thereof or who
shall erect, construct, alter or repair a building or structure in
violation of an approved plan or directive of the building official
or of a permit or certificate issued under the provisions of the building
code or shall continue any work in or about the building after having
been served with an order to stop work, except if he has been directed
to perform work to correct a violation, shall be guilty of a municipal
infraction and shall be fined not more than $1,000 for each offense.
Each twenty-four-hour period that a violation continues or in which
a violation occurs shall be deemed a separate offense.
