Cecil County, MD Building Construction

A certain document, copies of which are on file in the Division of Permits and Inspections, being marked and designated as the "2018 International Building Code (IBC)," is hereby adopted as the Building Code of Cecil County, Maryland, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the 2018 International Building Code (IBC) are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with additions, insertions, deletions and changes, if any, prescribed in § 157-2 of this chapter.

[Amended 6-15-2010 by Ord. No. 2010-04; 7-17-2012 by Ord. No. 2012-03; 8-18-2015 by Bill No. 2015-13; 11-20-2019 by Bill No. 2019-19]

Further, the document marked and designated as the "2018 International Residential Code" be and the same is hereby adopted as an addition to the Building Code of Cecil County, Maryland, and each and all regulations and provisions and terms of the 2018 International Residential Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 157-2 of this chapter.

[Amended 6-15-2010 by Ord. No. 2010-04; 7-17-2012 by Ord. No. 2012-03; 8-18-2015 by Bill No. 2015-13; 11-20-2019 by Bill No. 2019-19]

In addition to the codes listed in Subsections A and B above, local jurisdictions are responsible for the implementation and enforcement of the Maryland Building Performance Standards.

§ 157-2 Amendments, additions and deletions.

[Amended 1-18-2011 by Ord. No. 2011-01; 5-3-2011 by Ord. No. 2011-05; 7-17-2012 by Ord. No. 2012-03; 8-18-2015 by Bill No. 2015-13; 11-20-2019 by Bill No. 2019-19]

The following sections of the 2018 International Building Code (IBC) are hereby revised and amended as follows:

(1)

Section 101.1 Title. Insert: "Cecil County" (Name of Jurisdiction).

(2)

Add: "In addition to the International Building Code (IBC), local jurisdictions are responsible for implementation and enforcement of the Maryland Building Performance Standards."

(3)

Section 101.2 Scope. Delete exception in its entirety. Insert:

Exception #1: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code (IRC).

Exception #2: Existing buildings undergoing repair, alterations or additions, and change of occupancy shall comply with the Maryland Building Rehabilitation Code set forth in COMAR 05.16.

(4)

Section 101.2.1 Appendices. Delete entire section. Insert:

101.2.1 Appendices.

Provisions in Appendix C, Group U — Agricultural Buildings; Appendix F, Rodent Proofing; Appendix G, Flood Resistent Construction; Appendix H, Signs; and Appendix I, Patio Covers, are adopted as part of the IBC. Provisions in other appendices within the code do not apply unless specifically adopted by the authorities having jurisdiction.

(5)

Section 104.10.1 Flood hazard areas. Delete entire section.

(6)

Section 105.2 Work exempt from permit.

(a)

Delete 1: "One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m²)."

(b)

Add (14): "Replacement or repair of roofing shingles, membranes and flashings is exempt only where the work does not include any alteration or replacement of structural members or components."

(c)

Add (15): "Replacement or repair of windows and doors is exempt only where the new windows or doors have the same dimensions as the original windows or doors and the work does not include any alteration or replacement of structural members. In the case where other more restrictive codes have been adopted by state or federal agencies, permits may be required."

(7)

Section 105.5 Expiration. Add:

105.5.1

Any permit issued shall be valid for a period of one year from date of issue, provided work is ongoing. An applicant may apply for two six-month extensions as described above as long as the work is progressing. At the expiration of the second six-month extension, the owner/applicant shall apply for a renewal permit.

(8)

Section 110.3.3 Lowest floor elevation.

(a)

Delete "building official."

(b)

Insert "Zoning Administrator or applicable approving agency."

(9)

Section 111.3 Temporary occupancy. Delete entire section. Insert: "The Division of Permits and Inspections is authorized to issue a temporary certificate of use and occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The temporary certificate of occupancy will only be issued upon receipt of conditional approval of the Department of Public Works, approval of the Electrical Department/Inspector, the Fire Marshal, if necessary, and approval of the Health Department. Town approval is also required if the property is located within any of the town limits of any incorporated town within the County in which the Cecil County Division of Permits and Inspections issues permits. The certificate shall have a specific time limit and will not be valid for more than 180 days maximum unless extended by the Chief of Permits and Inspections in writing. Fees may be established and assessed by the Division for the issuance of the temporary certificate."

(10)

Chapter 2 - Definitions, Section 202.

(a)

Delete "agricultural building." Insert: AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation.

(b)

Add: AGRITOURISM. Tourism of agricultural farms and buildings by members of the general public for recreational, entertainment or educational purposes for which tourists may or may not pay fees. Agritourism includes the following activities when performed by a tourist:

[1]

Viewing rural activities, farming, ranching and wine making;

[2]

Viewing natural, historical, and cultural resources; and

[3]

Harvesting agricultural products.

(c)

Add: CODES ADMINISTRATION. The Maryland Codes Administration.

(d)

Add: DEPARTMENT. The Department of Labor of Maryland.

(e)

Add: MBPS. The Maryland Building Performance Standards.

(f)

Add: SLEEPING (BEDROOM) ROOM. Any room 70 square feet (6.5 m²) or larger with direct access to a closet other than a kitchen, bathroom, hallway, foyer or utility room. Every sleeping room/bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m²) of floor area for each occupant thereof.

(g)

Add: HIGH PERFORMANCE HOME. Has the meaning stated in Public Safety Article § 12-509(a), Annotated Code of Maryland.

(h)

Add: HOTEL. Means an establishment that offers sleeping accommodations for compensation. "Hotel" does not include a bed-and-breakfast establishment.

(11)

Chapter 9 - Fire Protection Systems. 901.1 Scope. Add: "Fire protection system requirements of Chapter 9 may be concurrently covered in the State Fire Prevention Code, Public Safety Article, §§ 6-101 through 6-602, Annotated Code of Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official."

(12)

Chapter 10 - Means of Egress, 1001.1 General. Add: "Means of egress requirements of Chapter 10 may be concurrently covered in the State Fire Prevention Code, Public Safety Article, §§ 6-101 through 6-602, Annotated Code of Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official."

(13)

Chapter 11 - Accessibility. Delete entire chapter. Insert: Maryland Accessibility Code as set forth in COMAR 05.02.02.

(14)

Section 1612.1 General. Delete "Within flood hazard as established in Section 1612.3." Insert: "Within flood hazard areas as established by Article XI, Part III, Floodplain District, of the Cecil County Zoning Ordinance as amended and adopted by the County Council of Cecil County May 4, 2015, or any construction occurring within the incorporated boundaries of the eight municipalities within Cecil County shall comply with the Floodplain Regulations as adopted by the County or such municipalities."

(15)

Section 1612.3 Establishment of flood hazard areas.

(a)

Insert: Cecil County.

(b)

Insert: May 4, 2015.

(16)

Section 1612.3.1 Design flood elevations.

(a)

Delete: "building official."

(b)

Insert: "Zoning Administrator or applicable approving agency."

(17)

Section 1612.5 Flood hazard documentation.

(a)

Delete: "building official."

(b)

Insert: "Zoning Administrator or applicable approving agency."

(18)

Chapter 24 - Glass and Glazing. Add: "The requirements for safety glazing set forth in Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland, are in addition to Chapter 24, Section 2406, of the IBC related to safety glazing. In the event of a conflict between Chapter 24 of the IBC and the Annotated Code of Maryland, the requirements of the Annotated Code of Maryland shall prevail."

(19)

Chapter 27 - Electrical, Section 2701.1 Scope. Add: "The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable electrical requirements, refer to the local electrical code and the National Electrical Code as adopted and enforced by the State Fire Marshal, authorized fire officials, or building officials pursuant to the provisions of Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland."

(20)

Chapter 28 - Mechanical Systems, Section 2801.1 Scope. Add: "The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning mechanical systems, refer to the local mechanical code and the mechanical code adopted pursuant to the provisions of Business Regulation Article, § 9A-205, Annotated Code of Maryland."

(21)

Chapter 29 - Plumbing Systems, Section 2901.1 Scope. Add: "The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning plumbing systems, refer to the local plumbing code and the plumbing code adopted pursuant to the provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland."

(22)

Chapter 30 - Elevators and Conveying Systems, Section 3001.1 Scope. Add: "The provisions of Chapter 30 of the IBC relate to elevators and conveying systems and are in addition to and not instead of the requirements set forth in Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland. In the event of a conflict between the IBC and the Annotated Code of Maryland, the provisions of the Annotated Code of Maryland shall prevail."

(23)

Chapter 31 - Special Construction.

(a)

Delete Section 3103.1.1 Permit required.

(b)

Insert:

3103.1.1 Permit required.

Temporary structures that cover an area in excess of 360 square feet, including connecting areas or spaces with a common means of egress or entrance which are used or intended to be used for the gathering of 50 or more persons, shall not be erected, operated or maintained for any purpose without obtaining a permit from the Code Official.

(24)

Chapter 34 - Existing Structures, Section 3401.1 Scope. Add: "Exception: Any rehabilitation work undertaken in an existing building as defined in COMAR 05.16 shall comply with the requirements of the Maryland Building Rehabilitation Code as set forth in COMAR 05.16."

The following sections of the 2018 International Residential Code (IRC) are hereby revised as follows:

(1)

Section R101.1 Title. Insert: Cecil County (Name of Jurisdiction); add: "In addition to the International Residential Code (IRC), local jurisdictions are responsible for implementation and enforcement of the Maryland Building Performance Standards."

(2)

Section R102.5 Appendices. Delete entire section. Insert:

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 Listed for Use with 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 G, Piping Standards for Various Applications; Appendix H, Patio Covers; Appendix K, Sound Transmission; Appendix M, Home Day Care R-3 Occupancy; Appendix N, Venting Methods; Appendix O, Automatic Vehicular Gates; Appendix P, Sizing of Water Piping Systems; Appendix R, Light Straw-Clay Construction; Appendix 5, Straw Bale Construction; and Appendix T, Recommended Procedure for Worst Case Testing of Atmospheric Venting Systems under N1102.4 and N1105 conditions, are adopted as part of the IRC.

(3)

Section R102.7 Existing structures. Add:

R102.7.2.

Any rehabilitation work undertaken in an existing building shall comply with the requirements of the Maryland Building Rehabilitation Code as set forth in COMAR 05.16.

(4)

Section R104.10.1 Flood hazard areas. Delete entire section.

(5)

Section R105.2 Work exempt from permit. Under "Building":

(a)

Delete 1: "One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m²)."

(b)

Delete 10: "Decks not exceeding 200 square feet (18.58 m²) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4."

(c)

Add 12: "Replacement or repair of roofing shingles, membranes and flashings is exempt only where the work does not include any alteration or replacement of structural members or components."

(d)

Add 13: "Replacement or repair of windows and doors is exempt only where the new windows or doors have the same dimensions as the original windows or doors and the work does not include any alteration or replacement of structural members. In the case where more restrictive codes have been adopted by state or federal agencies, permits may be required."

(6)

Section R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. Delete entire section. Insert: "For applications for reconstruction, rehabilitation, addition or other improvements of existing buildings or structures located within the flood hazard areas as established by Article XI, Part III, Floodplain District, of the Cecil County Zoning Ordinance or within flood hazard areas as established by the adoption of floodplain regulations by the eight municipalities within Cecil County, any such reconstruction, rehabilitation, addition or other improvements shall be subject to such regulations."

(7)

Section R105.5 Expiration. Add:

R105.5.1

(8)

Section R106.1.4 Information for construction in flood hazard areas.

(a)

In 4, delete "building official."

(b)

In 4, insert "approving agency."

(9)

Section R107.3 Temporary power. Delete entire section.

(10)

Section R109.1.3 Floodplain inspections.

(a)

Delete: "building official."

(b)

Insert: "approving agency."

(11)

Section R109.1.6.1 Elevation documentation.

(a)

Delete: "building official."

(b)

Insert: "approving agency."

(12)

Section R110.2 Change in use. Add: "Any rehabilitation work undertaken in an existing building as defined in COMAR 05.16 shall comply with the requirements of the Maryland Building Rehabilitation Code as set forth in COMAR 05.16."

(13)

Section R110.4 Temporary occupancy. Delete entire section. Insert: "The Division of Permits and Inspections is authorized to issue a temporary certificate of use and occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The temporary certificate of occupancy will only be issued upon receipt of conditional approval of the Department of Public Works, approval of the Electrical Department/Inspector, the Fire Marshal, if necessary, and approval from the Health Department. Town approval is also required if the property is located within any of the town limits of any incorporated town within the County in which the Cecil County Division of Permits and Inspections issues permits. The certificate shall have a specific time limit and will not be valid for more than 180 days maximum unless extended by the Chief of Permits and Inspections in writing. Fees may be established and assessed by the Division for the issuance of the temporary occupancy."

(14)

(Reserved)

(15)

(Reserved)

(16)

Add:

SECTION R115 UNSAFE STRUCTURES OR EQUIPMENT

R115.1 General.

When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be posted as "Unsafe" or "Condemned" pursuant to this code as the code official deems necessary.

R115.2 Unsafe structure.

An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum means of egress facilities, sanitation, light, ventilation, fire protection, or which contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.

R115.3 Unsafe equipment.

Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety to the public or occupant of the premises or structure.

R115.4 Unlawful structure.

An unlawful structure is one found to be erected, altered or occupied contrary to the provisions of this code or those adopted by the governing agency responsible for enforcement of the code.

R115.5 Notice.

If it is determined that a property or equipment is unsafe or condemned, the code official shall serve on the owner, agent or person in control of the structure, equipment or premises a written notice that describes the condition deemed unsafe or condemned and specifies the required repairs, improvements or other action necessary to abate the unsafe condition or that requires the unsafe or condemned building to be demolished within a stipulated time. Such notice shall require the person thus notified to declare within seven days of receipt of the notice acceptance or rejection to the code official.

R115.6 Method of service.

Such notice shall be deemed properly served if a copy thereof is: (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.

(17)

Sections R202 Definitions.

(a)

Add: AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. An agricultural building does not include a place of human residence.

(b)

[1]

Viewing rural activities, farming, ranching and wine making;

[2]

Viewing natural, historical, and cultural resources; and

[3]

Harvesting agricultural products.

(c)

Add: CODES ADMINISTRATION. The Maryland Codes Administration.

(d)

Add: DEPARTMENT. The Department of Labor.

(e)

Add: MBPS. The Maryland Building Performance Standards.

(f)

(18)

Table R301.2(1) Climatic and Geographic Design Criteria. Insert:

Ground Snow Load — 30 pounds psf

Wind speed — 90 mph

Seismic design category — B

Weathering damage — Severe

Frost line depth — 32 inches

Termite damage — moderate to heavy

Winter design temperature — 13°

Ice barrier underlayment required — Yes

Flood hazards — Cecil County Planning and Zoning or local municipality

(19)

Section R302.7. Add exception: unless understair area is severed by an operational sprinkle head.

(20)

Section R310.1. Exception 2: delete in its entirety.

(21)

Section R312.1 Guards; 312.1.3 Opening limitations. Delete entire section. Insert: "Required guards shall not have openings from the walking surface to the required guard height which allow for the passage of a sphere four inches (102 mm) in diameter. Required guards shall not be constructed with horizontal rails or other ornamental patterns that result in a ladder effect. Alternative guards such as glass, cable, plastic, vinyl, or other materials may be used, provided they are approved at the time of application of the permit by the Code Official."

(22)

Section R313.2 One- and two-family dwellings automatic fire systems. Delete entire section. Insert:

R313.2 One- and two-family dwellings automatic fire sprinkler systems.
An automatic fire sprinkler system shall be installed in one- and two-family dwellings.
	Exceptions:
	1.	An automatic residential fire sprinkler system shall not be required for any additions or alterations to existing buildings that are not already provided with an automatic fire sprinkler system.
R313.2.A (Reserved)
R313.2.B (Reserved)
R313.2.C Mandatory automatic sprinkler systems may be required for all new single- and two-family dwellings, additions or renovations constructed within the boundaries of the incorporated municipalities (towns) of Cecil County. Should such municipality (town) have regulations governing residential sprinkler systems, those regulations shall apply.
R313.2.D Dwelling units that are manufactured under Federal Housing Administration (FHA) regulations (HUD Code) that are placed within the County outside of incorporated municipalities (towns) regulated by the County may be exempt from this section unless so required by the FHA and/or the HUD Code.
R313.2.E Any regulation imposed by a federal or state governing body or agency which requires or exempts residential automatic sprinkler systems in manufactured housing shall apply.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D.
R313.2.2 The requirements of this section (R313.2) shall not apply to the following:
	1)	A property not connected to an electrical utility.
	2)	Until January 1, 2016, standards governing issuance of a building permit for one- and two-family dwellings constructed on:
		a)	A lot subject to a valid unexpired public works agreement that was executed before March 1, 2011; or
		b)	A lot served by an existing water service line from a water main to the property line that:
			1)	Is less than a nominal one-inch size;
			2)	Is approved and owned by the public or private water system that owns the mains;
			3)	Was installed before March 1, 2011; and
			4)	Is fully operational from the public or private main to a curb stop or meter pit located at the property line.

(23)

Section R322 Flood-Resistant Construction, R322.1 General. Delete entire section. Insert: "Buildings and structures constructed in whole or in part in flood hazard areas as established by Article X, Part III, Floodplain District, of the Cecil County Zoning Ordinance or as required by the statutes of the jurisdiction in which the project is to be constructed or repaired shall comply with the regulations of this section as well as all regulations or ordinances within the specific jurisdiction."

(24)

Section 322.1.4.1 Determination of design flood elevations.

(a)

Delete: "building official."

(b)

Insert: "Zoning Administrator or approving agency."

(25)

Section R322.3.1, Location and site preparation, Subsection 2.

(a)

Delete: "building official."

(b)

Insert: "approving authority."

(26)

Section R403.1.4.1 Frost protection. Exception 1:

(a)

Delete: 600 square feet (56m²).

(b)

Insert: 400 square feet (37m²).

(27)

Section R405.1 Concrete or masonry foundations. Delete entire section. Insert: "Subsoil drains shall be required for all buildings having basements, cellars, crawl spaces or floors below grade. Subsoil drains shall be located inside the foundation and shall be installed at or below the area to be protected. Drains shall discharge by gravity or mechanical means. Where drains do not discharge by gravity, the drains shall discharge into an accessible sump pit with an automatic electrical pump. Drains shall be perforated or open joint approved drain tile not less than four inches in diameter and be placed in washed stone or gravel at least one sieve size larger than the tile joint opening or perforations with a minimum of four inches surrounding the drain tile or pipe on all sides. Where provided, exterior subsoil drains shall have an approved filter material placed on top of the required washed stone or gravel."

(28)

Section R506.2.3 Vapor retarder.

(a)

Delete: Exception 1.

(b)

Insert: Exception 1. From detached garages, utility buildings, and other unheated accessory structures.

(29)

Section R807.1 Attic access.

(a)

Delete: "See Section M1305.1.3 for access requirements where mechanical equipment is located in attics."

(b)

Insert: "Attics containing appliances shall be provided with a permanent or pull-down stairway in all new construction."

(30)

Part V, Mechanical, Chapter 12, Mechanical Administration, (Part VI, Fuel Gas, Chapter 24, Fuel Gas,) Section M1201.1 Scope. Add: "The subject matter of Chapters 12 through 24 is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning mechanical systems, refer to the local mechanical code and the mechanical code adopted pursuant to the provisions of Business Regulation Article, § 9A-205, Annotated Code of Maryland."

(31)

Part VII, Plumbing, Chapter 25, Plumbing Administration, Section P2501.1 Scope. Add: "The subject matter of Chapters 25 through 33 is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning plumbing systems, refer to the local plumbing code and the plumbing code adopted pursuant to the provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland."

(32)

Part VIII, Electrical, Chapter 34, General Requirements, Section E3401.1 Applicability. Add: "The subject matter of Chapters 34 through 43 is not within the scope of the Maryland Building Performance Standards. For the applicable electrical requirements, refer to the local electrical code and the National Electrical Code as adopted and enforced by the State Fire Marshal, authorized fire officials, or building officials pursuant to the provisions of Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland."

(33)

Section R326 Swimming pools, spas and hot tubs.

(a)

Delete entire section.

(b)

Insert: "Swimming pools, spas and hot tubs shall comply with the requirements of Section 3109 of the 2018 International Building Code."

§ 157-3 Adoption of amendments.

[Amended 7-17-2012 by Ord. No. 2012-03; 11-20-2019 by Bill No. 2019-19]

The International Code Council issues an amended Building Code approximately every three years. Amendments incorporated into subsequent International Building Codes and International Residential Codes are hereby adopted prospectively. The date that such amendments shall be effective in Cecil County shall be the date when the Chief of Permits and Inspections shall have received copies of said future editions and shall have presented to and received adoption by resolution from the Cecil County Council as the new official Building Code of Cecil County. The insertions of amendments and penalties and other matters as set forth hereinbefore in § 157-2 shall be the same in meaning and context as those adopted herein, regardless of number designation or page number in the newly adopted code or codes.

§ 157-4 Fees.

[Amended 6-15-2010 by Ord. No. 2010-04; 11-20-2019 by Bill No. 2019-19]

All fees shall be established by resolution by the Cecil County Council as provided for by law. Copies of the fee schedule will be available in the office of the Cecil County Council and the Division of Permits and Inspections.

§ 157-5 Saving clause.

Nothing in this chapter or in the Building Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or any rights acquitted or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.[1]

[1]

Editor's Note: Former § 200-6, Emergency shelters, was repealed 6-15-2010 by Ord. No. 2010-04.

§ 157-6 Address numbers of improved properties.

In this section, the following words have the meanings indicated:

COUNTY REPRESENTATIVE

Any member or employee of:

(1)

The Cecil County Sheriff's Department;

(2)

The Cecil County Permits and Inspections Office;

(3)

The Cecil County Department of Land Use and Development Services;

[Amended 11-13-2012 by Ord. No. 2012-12; 11-20-2019 by Bill No. 2019-19]

(4)

The Cecil County Department of Public Works; or

(5)

The Department of Emergency Services.

[Amended 11-13-2012 by Ord. No. 2012-12]

OWNER

The individual, partnership, firm, association, corporation or other entity whose name appears on the tax records of the County for any property subject to the provisions of this section.

Duty of property owners. It shall be the duty of every owner of improved real property to display and maintain street numbers indicating the address assigned to the property. The number shall be displayed in accordance with the provisions of Subsection C.

Display guidelines.

(1)

The number shall be displayed in a location clearly visible from the road upon which the address number is assigned.

(2)

Numbers shall be placed on both sides of the mailbox. However, if any of the conditions listed below exist, then the number must also be displayed as described in Subsection C(3) and/or (4) of this subsection:

(a)

There is no mailbox.

(b)

The mailbox is on the opposite side of the road from the home.

(c)

There are multiple mailboxes at the location or the home which goes with the mailbox is not clearly identifiable.

(3)

Numbers may be placed on the dwelling or principal structure only if they are clearly visible from the road off of which it is addressed and the view of the number is not obstructed by trees, shrubs, porches, etc.

(4)

Numbers may be placed on a private sign, post or large rock at the entrance of the driveway as long as the numbers are clearly visible from the road.

(5)

Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm).

[Amended 6-15-2010 by Ord. No. 2010-04]

(6)

Numbers shall be plain block numbers, not script or written numbers.

(7)

Numbers shall be set on a background of contrasting color.

(8)

Wherever practicable, said number shall be placed near a light or some source of illumination so that it may be readily seen at night.

(9)

Numbers shall not be placed on utility poles or County/state road sign posts.

Display of other numbers prohibited. The display of any address number other than the number authorized or assigned by the Department of Planning and Zoning is expressly prohibited.

[Amended 11-13-2012 by Ord. No. 2012-12]

Noncompliance and violations.

[Amended 11-13-2012 by Ord. No. 2012-12]

(1)

Any dwelling or principal structure erected, repaired, altered or modified after the effective date of this chapter shall have the certificate of occupancy withheld until the assigned address number is displayed in accordance with this section.

(2)

A County representative who observes a violation of this section shall notify the Department of Land Use and Development Services via a standard form developed by said Department.

[Amended 11-20-2019 by Bill No. 2019-19]

(3)

The Department of Land Use and Development Services shall issue a warning by certified mail, which shall notify the owner:

[Amended 11-20-2019 by Bill No. 2019-19]

(a)

That he/she is in violation of this section.

(b)

Of the requirements of this section.

(c)

How to comply with the requirements.

(4)

The warning shall be on a standard form developed by the Department of Land Use and Development Services.

[Amended 11-20-2019 by Bill No. 2019-19]

§ 157-7 Suspension, withholding, or revocation of permits.

[Amended 7-17-2012 by Ord. No. 2012-03]

Definitions. As used in this section, the following terms shall have the meanings indicated:

BUILDER/CONTRACTOR

The party to whom the building permit for the building not in compliance was issued and shall also include any party actually performing the work of construction upon said building. The builder shall also include any officer of any corporation, any partner of any partnership or any related corporation, partnership, limited-liability company or limited-liability partnership owned in whole or in part by any aforementioned party.

CODE

The building, plumbing, mechanical or electrical codes or other construction-related codes as adopted by Cecil County and enforced by the Division of Permits and Inspections.

[Amended 11-20-2019 by Bill No. 2019-19]

CODE OFFICIAL

The official designated by the County Executive or his designee who is charged with the enforcement of the building, plumbing, mechanical and electrical codes or other construction-related codes as adopted by Cecil County.

PENALTY

An amount imposed by either the legal authority having jurisdiction or by the Division of Permits and Inspections as has been established on the fee schedule as adopted by the Cecil County Council.

[Amended 11-20-2019 by Bill No. 2019-19]

PERSON; OWNER

Any person, corporation, association, partnership, firm, syndicate, joint venture, limited-liability corporation, or organization of any kind holding title to any land or lot in the County; lessees, tenants and principal occupants of any land or lot in the County or agent of persons holding title to such lands or lots, having care, custody, control or management of the land or lot; and fiduciaries holding title to, having care, custody, control or management of land or lots in the County for others.

VIOLATION

Any person or authorized agent who constructs, enlarges, alters, repairs, moves, demolishes, or changes the occupancy of a building or structure or erects, installs, enlarges, repairs, removes, converts or replaces any gas, mechanical, plumbing or electrical system, the installation of which is regulated by the codes enforced by the Division of Permits and Inspections, or to cause such work to be done without obtaining the proper permits or which are found to be in noncompliance with the applicable codes.

[Amended 11-20-2019 by Bill No. 2019-19]

Suspension. Whenever the Division of Permits and Inspections or any designated Code Official of the County determines that an owner or contractor as defined in this section, is in violation of the provisions of this code or the rules and regulations of any other department or agency of Cecil County in connection with the erection, alteration or demolition of buildings, structures, lands, or equipment thereon or therein, the Chief of Permits and Inspections or his designee may suspend all active permits and inspections necessary which the individual has acquired or may need until such time as any and all violations have been corrected.

[Amended 11-20-2019 by Bill No. 2019-19]

Withholding. Whenever the Division of Permits and Inspections or any designated Code Official of the County shall find that any contractor or owner, as defined in this section, is in violation of this code or of the rules and regulations of any other department or agency of Cecil County in connection with the erection, alteration or demolition of buildings, structures, land or equipment thereon or therein, the Chief of the Division of Permits and Inspections or his designee may refuse to grant any additional permits to the contractor or owner until all such violations have been corrected.

[Amended 11-20-2019 by Bill No. 2019-19]

Revocation. The Division of Permits and Inspections or any designated Code Official of the County may revoke a permit or approval issued under the provisions of this code when it is determined that any owner or contractor, as defined in this section, is in violation of this code in the case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. If any permit is issued in violation of the provisions of this code or other laws, resolutions and regulations of Cecil County, or laws of the State of Maryland, or without proper authority, it may be voided as if it had never been issued.

[Amended 11-20-2019 by Bill No. 2019-19]

Notice. Once it has been determined by the designated Code Official that a violation of the provisions of this Code or any other construction-related code of the County has occurred, notice shall be sent to the owner or contractor, as defined in this section, who is responsible for said violation, advising said owner or contractor. Said notice shall be presumed received upon being mailed to the address of said owner or contractor that is provided on the building permit issued to said owner or contractor for said building three days after mailing. If no permit exists, said notice shall be presumed received upon being mailed to the address for the individuals responsible based on tax assessments or any other information available three days after mailing. Until said violation has been corrected, the Division of Permits and Inspections and/or any appropriate Code Official of the County shall have the power to withhold any further permits requested by said owner or contractor.

[Amended 11-20-2019 by Bill No. 2019-19]

§ 157-8 Condemnation of unsafe structures and equipment.

[Added 2-3-2009 by Ord. No. 2009-01]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CODE

The building, plumbing and mechanical codes as adopted by the Cecil County Council and enforced by the Division of Permits and Inspections.

[Amended 11-20-2019 by Bill No. 2019-19]

CODE OFFICIAL

The official designated by the County Executive, or his designee, who is charged with the enforcement of this section.

CONDEMN

To adjudge unfit for use or occupancy.

PERSON; OWNER

Any person, corporation, association, partnership, firm, syndicate, joint venture, limited-liability corporation, or organization of any kind holding title to any land or lot in the County; lessees, tenants and principal occupants of any land or lot in the County or agent of persons holding title to such lands or lots, having care, custody, control or management of the land or lot; and fiduciaries holding title to and having care, custody, control or management of land or lots in the County for others.

UNFIT STRUCTURE

One that is unsafe or, because of the degree to which it lacks maintenance or is in disrepair, is unsanitary, vermin- or rat-infested or contains filth and contaminants or, because of the chosen location, constitutes a hazard to its occupants or to the public, as determined by the Code Official.

UNSAFE EQUIPMENT

Includes any boiler, heating equipment, plumbing fixtures or equipment, electrical wiring or device, flammable liquid containers or other equipment or machinery on the premises or within the structure which is in disrepair or a condition that is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. Unsafe equipment may contribute to finding that the structure is unsafe or unfit for human occupancy or use.

UNSAFE STRUCTURE

One in which all or any part thereof is found to be dangerous to life, health or the safety of the public or the occupants of the premises or structure or, because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, it is likely to partially or completely collapse.

Condemnation procedures.

(1)

General procedures. When a structure or part thereof is found by the Code Official to be unsafe or unfit for human occupancy or use, it may be condemned pursuant to this section and the applicable adopted building code. If the Code Official makes such determination, the Official shall serve the owner with a compliance order pursuant to this section. No condemned residential structure shall be used for human habitation without approval of the Code Official. In addition, the Code Official may also determine that equipment located in a residential structure is unsafe and issue a compliance order.

(2)

Closing of vacant structures. If the structure or part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse but is a potential hazard to health and safety, the Code Official shall serve the owner with a compliance order pursuant to this section. The owner shall secure the structure from entry by boarding or any other method(s) necessary as approved by the Code Official. Upon failure of the owner to close the premises within the time specified in the compliance order, the Code Official shall cause it to be closed through any available agency or by contract arrangement with private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon the real estate.

(3)

Placarding of structures. Upon inspection of the structure, the Code Official may post on the premises a placard bearing the words "Condemned" as dangerous and unsafe or "Danger" unsafe for human occupancy or use or other words to that effect and a statement of penalties provided for any occupancy or use and for removing the placard.

(4)

Occupancy of placarded premises prohibited. Any person who shall occupy a placarded premises or structure or part thereof or any person responsible for the premises who lets anyone occupy a placarded premises shall be liable for penalties as provided for within this section.

(5)

Removal of placard. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation or danger placard action were based have been eliminated. Any person who defaces or removes a condemnation or danger placard without the approval of the Code Official shall be subject to penalties as provided for within this section.

Notice of violation.

(1)

Notification. The Code Official shall give notice of the existing violation to the owner of the affected structure and to its occupants.

(2)

Notice. The notice shall be in writing and include information sufficient for identification of the real estate involved, include a statement of the reason or reasons why the notice is being issued and any building code citation described. The notice shall include the owner's right to appeal the decision of the Code Official and shall include the penalties for failure to correct said violation.

(3)

Service. Notice shall be considered served when the notice is delivered to the owner personally and/or sent by certified or registered mail, addressed to the owner at the last known address, with return receipt requested. Notice shall also be posted in a conspicuous place on or about the affected structure.

(4)

Publication of notice. In case the structure is to be razed and demolished, the County shall publish a notice indicating the same, which shall include all information relative to the property. The notice shall be advertised once a week for two successive weeks in a newspaper authorized to provide service by publication.

Compliance and emergency orders.

(1)

Compliance order. Any order issued pursuant to this section shall be in writing and shall specify a deadline for compliance by the owner, which shall not be less than 20 days nor more than 45 days, and in the event that repairs are feasible, the order shall specify what repairs and modifications are to be undertaken and completed by the owner in order to correct any violations.

(2)

Emergency order. Whenever the Code Official finds that an emergency exists on any premises and time is of the essence to protect the public's health and safety or that of the occupants of a structure, the Code Official may issue an emergency order reciting the existence of such an emergency and require the vacating of the premises or such action as the Code Official deems necessary to meet the emergency. The emergency order shall be effective immediately, and the premises or equipment shall be placarded immediately upon service of the order.

Demolition orders; subsequent action.

(1)

Raze and removal. At the time of service of a notice of violation to the owner, the Code Official may order the owner of the premises or structure that is an unsafe structure to raze and remove the structure and to stabilize the disturbed area by grading and seeding.

(2)

Noncompliance. In the event the owner of a property fails to comply with an order of the Code Official within the prescribed time of the order and upon exhaustion of any and all legal remedies by the County, the Code Official, with the approval of the County, may enter the building or premises affected by the order and cause the building or premises to be repaired or demolished and the materials removed, or cause any dangerous condition to be remedied through an available public agency or by arrangement with private persons, as the case may be, at the expense of the owner of such property.

(3)

Lien. If the owner fails to repay the County for expenses incurred under Subsection E(2) above within 90 days after written demand has been mailed to his last known address, the Code Official shall notify the Collector of Taxes for Cecil County and a tax lien in favor of the County for the amount of expenses incurred under Subsection E(2) above shall attach to the property and any other applicable fees which the County has expended will also be applied to the lien.

Violations and penalties.

(1)

Civil penalties. Any person who shall violate any provision of this section shall, upon conviction thereof, be subject to a civil penalty of not less than $100 and not more than $5,000, at the discretion of the court. Each day a violation continues after notice of violation has been duly served shall be deemed a separate offense.

(2)

Prosecution. If an order is not complied with in the prescribed time, the Code Official may request the County's legal representative to institute appropriate civil action. The Code Official may ask for the legal representative to proceed by civil action against the person responsible for the violation in order to:

(a)

Correct or remove any violations.

(b)

Prevent occupancy or use of the structure in violation of this section.

(c)

Hold violators accountable for unauthorized removal of any posted placard.

(d)

Order payment of the civil penalty authorized by this section.

Right to appeal.

(1)

A person affected by a decision of the Code Official which has been made in connection with the enforcement of this section, or of a regulation adopted pursuant to this section, may request and shall be granted a hearing in a manner as prescribed by the applicable code.

(2)

A person aggrieved by a decision of the Code Official in connection with an alleged violation of this section or demolition order issued under the provisions of this section may appeal such decision or order to the Building Boards of Appeals of the County within 10 days of receipt of such notice.

(3)

Any decision of the Building Board of Appeals may be appealed to the Circuit Court of Maryland in accordance with the Maryland Rules of Procedure.

§ 157-9 Violations and penalties; stop-work orders.

[Added 8-18-2010 by Ord. No. 2009-05]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CODE

The building, plumbing and mechanical codes as adopted by the Cecil County Council and enforced by the Division of Permits and Inspections.

[Amended 11-20-2019 by Bill No. 2019-19]

CODE OFFICIAL

The official designated by the County Executive or his designee who is charged with the enforcement of this chapter.[1]

PERSON; OWNER

Any person, corporation, association, partnership, firm, syndicate, joint venture, limited-liability corporation, or organization of any kind holding title to any land or lot in the County; lessees, tenants and principal occupants of any land or lot in the County or agent of persons holding title to such lands or lots, having care, custody, control or management of land or lot; and fiduciaries holding title to and having care, custody, control or management of land or lots in the County for others.

STOP-WORK ORDER

A legal notice posted on a specific property by a Code Official, indicating that a violation(s) of a code enforced by the Division of Permits and Inspections has been found and all construction, alterations or repairs on the specific premises be stopped until such time as the violation(s) has been remedied.

[Amended 11-20-2019 by Bill No. 2019-19]

VIOLATION

Any person or authorized agent who constructs, enlarges, alters, repairs, moves, demolishes, or changes the occupancy of a building or structure or erects, installs, enlarges, repairs, removes, converts or replaces any gas, mechanical or plumbing system, the installation of which is regulated by the codes enforced by the Department of Permits and Inspections, or to cause any such work to be done without obtaining the proper permits or which are found to be in noncompliance with the applicable codes.

[1]

Editor's Note: The definition of "penalty," which immediately followed this definition, was repealed 11-13-2012 by Ord. No. 2012-12.

Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of an approved plan or directive of the Code Official or his designee or of a permit or certificate issued under the provisions of this code or who shall fail to obtain a final use and occupancy certificate may be liable for a civil offense and, upon judicial finding of said violation, may be liable for a fine of not more than $1,000 or imprisonment for not more than 90 days and, in addition, shall pay all costs and expenses associated with the County's abatement of said violation, as well as any and all fair and reasonable attorneys' fees incurred as a result of said abatement efforts. Each day that a violation exists shall be deemed a separate offense. Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.

Unlawful continuance. Any person who shall continue work in or about the structure 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 conditions, shall be liable for a fine of not less than $250 and not more than $1,000 and shall be liable for all costs, expenses and reasonable attorneys' fees associated with the County's administrative actions and/or legal proceedings taken to discontinue any such work after the service of said stop-work order. Each day that a violation continues shall be deemed a separate offense.