[HISTORY: Adopted by the Board of County Commissioners of
Charles County 4-20-2010 by Bill No. 2010-08; amended in its entirety 6-16-2015 by Bill No. 2015-05. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 15.
Building projects — See Ch. 17.
Minimum Livability Code — See Ch. 81.
Electrical standards — See Ch. 234.
Flood damage control — See Ch. 238.
Gas standards — See Ch. 241.
Grading and sedimentation control — See Ch. 244.
Land use — See Ch. 252.
Stormwater management — See Ch. 274.
Subdivision regulations — See Ch. 278.
Zoning regulations — See Ch. 297.
The International Building Code 2015 (IBC), the International
Residential Code 2015 (IRC), the 2015 International Energy Conservation
Code, the 2015 International Fuel Gas Code, the 2015 International
Existing Building Code, the 2015 International Mechanical Code, the
2015 International Plumbing Code, and the 2015 International Property
Maintenance Code published by the International Codes Council, Inc.
(ICC), copies of which are attached hereto and made part hereof by
incorporation, are hereby adopted as written, collectively, as "The
Building Code of Charles County," and will take effect for all permit
applications upon the effective date of this bill, with the following
insertions, additions, deletions.
(1)
IBC Section 101.1, insert "Charles County, Maryland."
(2)
IBC Section 101.2, Scope, add:
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Exception 2: Existing buildings undergoing repair,
alterations, or additions and changes of occupancy shall be permitted
to comply with the Maryland Building Rehabilitation Code as set forth
in COMAR Title 5, Subtitle 16.
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(3)
IBC Section 101.4.3, Plumbing, delete without replacement the sentence:
"The provisions of the International Private Sewage Disposal shall
apply to Private Sewage Disposal Systems."
(4)
IBC Section 101.4.5, Fire prevention, is removed and replaced as
follows:
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101.4.5. Fire prevention. Fire protection and safety
practices shall be deemed to include the requirements of the Fire
Code of the State of Maryland. The provisions of the Fire Code of
the State of Maryland shall govern in all matters in which they are
applicable and shall supersede the requirements of the IBC in all
cases.
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(5)
IBC Section 105.2, Work exempt from permit, add under "Building":
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14.
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Outbuildings (non-habitable) for verifiable agricultural use
on agriculturally zoned parcels of five acres or more.
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(6)
IBC 105.2, Work exempt from permit, add under "Building":
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15.
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Tents and membrane structures that are open sided, with no cooking
facilities contained within, for use less than 180 days, up to 2,400
square feet are exempt from permits.
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(7)
IBC Section 105.2, Work exempt from permit, add under "Building":
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16.
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Flagpoles 20 feet and under are exempt from permits.
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(8)
Replace the entire IBC Section 113, Board of Appeals, and replace
with IBC Section 113, Appeals, to read as follows:
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SECTION 113 APPEALS
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113.1 General. In order to hear and decide the
appeals of orders, decisions, or determinations of the Code Official
relative to the application and interpretation of this code, there
shall be an administrative policy created for such an appeal by the
Department of Planning and Growth Management. This policy and procedure
will be maintained by the Department of Planning and Growth Management.
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113.2 A written application for appeal shall be
based on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted by the Code Official.
The appeal of the order, decision, or determination of the Code Official
will be processed in writing through the Chief of Codes, Permits and
Inspection Services, to the Director of Planning and Growth Management.
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(9)
IBC Section 114.4, Violation penalties, add the following statement:
"If a violation continues unresolved past the notice date of the original
violation letter, the Building Code Official, at his or her discretion,
can issue weekly or monthly fines until the violation is brought into
compliance. The Building Code Official must notify the person responsible
for the violation in writing before the weekly or monthly fines begin."
(10)
IBC Section 114, Violations, add a new Subsection 114.5 entitled
"Public utility easement," to read as follows:
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114.5 Public utility easement. No building or structure
shall be erected upon any public easement. For the purpose of this
subsection, a public utility easement shall be a parcel of land on
which a limited right-of-way is provided for one or more designated
purposes, such as but not limited to water, sewer, gas, electric,
or telephone, without the title of the land.
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(11)
IBC Section 504.1, General, delete the first paragraph and replace
with the following:
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504.1 Automatic sprinkler system increase. For
buildings protected throughout with an approved automatic sprinkler
system installed in accordance with IBC Section 903.3.1.1, the value
specified in Table 504 for maximum height is increased by 20 feet
(6,096 mm), and the maximum number of stories is increased by one
story. When the building is equipped throughout with an automatic
sprinkler system installed in accordance with IBC Section 903.3.1.2
for Groups R-1, R-2, R-4, and in accordance with IBC Section 903.3.1.3
for Group R-3, the building height limitations specified in Table
504 are increased by one story and 20 feet (6,096 mm) but may not
exceed a height of four stories and 60 feet (18,288 mm) above the
grade plane. These increases are permitted in addition to the area
increase.
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(12)
IBC Section 901.1, Scope, add: "Fire protection system requirements
of Chapter 9 may be concurrently covered in the State Fire Code, Public
Safety Article, §§ 6-206 and 6-501, Annotated Code
of Maryland and COMAR 29.06.01. The State Fire Code is enforced by
the State Fire Marshal or authorized fire official."
(13)
IBC Section 1001.1, General, add: "Means of egress requirements in
Chapter 10 may be concurrently covered in the State Fire Code, Public
Safety Article, §§ 6-206 and 6-501, Annotated Code
of Maryland and COMAR 29.06.01. The State Fire Code is enforced by
the State Fire Marshal or authorized fire official."
(14)
IBC Section 1011.5.2, Riser height and tread depth, delete Exception
3 and replace with the following:
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3.
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In occupancies in R-3 as applicable in IBC 101.2, within dwelling
units in occupancies in Group R-2, as applicable in IBC Section 101.2
and in occupancies in Group U which are accessory to an occupancy
in Group R-3, the maximum riser height shall be 8 1/4 inches
(210 mm) and the minimum tread depth shall be nine inches (229 mm).
The minimum winder tread depth at the walk line shall be nine inches
(229 mm), and the minimum winder tread depth shall be six inches (152
mm). A nosing not less than 3/4 inch (19 mm) but not more than 1 1/4
inches (32 mm) shall be provided on stairways with solid risers where
the tread depth is less than 11 inches (279 mm).
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(15)
IBC Section 1014.3, Handrail graspability, add:
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Exception 2: For occupancies in Group R-3 as applicable
in IBC Section 101.2 and within dwelling units in occupancies Group
R-2 as applicable in IBC Section 101.2, the grip portion of handrails
shall have a circular cross-section of 1.25 inches (32 mm) minimum
to 2.625 inches (66.7 mm) maximum. Other shapes that provide an equivalent
grasping surface are permissible. Edges shall have a minimum radius
of 0.125 inch (3.2 mm).
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(16)
IBC Section 2401.1, Scope, 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 will prevail."
(17)
IBC Section 2701.1, Scope, remove section and replace with:
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2701.1 Scope. For the applicable electrical requirements,
refer to the National Electrical Code as adopted and enforced by the
State Fire Marshal, authorized fire officials, or building officials
pursuant to the provisions of the Public Safety Article, Title 12,
Subtitle 6, Annotated Code of Maryland and known as the "Charles County
Electrical Code."
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(18)
IBC 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 the Public Safety
Article, Title 12, Subtitle 8, Annotated Code of Maryland. In the
event of a conflict between the IBC and the Maryland Annotated Code,
the provisions of the Maryland Annotated Code will prevail."
(19)
IBC Section 3102.1, General, remove the sentence: "Those erected
for a shorter period of time shall comply with the International Fire
Code." Replace with the following sentence: "Those erected for a shorter
period of time shall comply with the State Fire Code."
(20)
Section R101.2, Scope, add Exception 3:
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Exception 3: Existing buildings undergoing repair,
alterations, additions, and change of occupancy shall be permitted
to comply with the Maryland Building Rehabilitation Code.
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(21)
Section R105.2, Work exempt from permit.
(1)
Under
"Building" revise Subsection 10: Remove the wording "are not attached
to a dwelling" without replacement.
(2)
Add:
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11.
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Pre-made residential use storage sheds 200 square feet or less
for nonautomotive storage that are delivered totally assembled shall
not be required to provide footings and foundations below the frost
line.
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12.
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Radio and television towers for one- and two-family dwellings
may be erected without a building permit.
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(22)
Section R109.1.5, Other inspections, add the following:
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R109.1.5.2 Footing inspection for decks. Footing
inspection will now be required for all deck applications.
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R109.1.5.3 Preliminary inspections. For all fire,
wind, water, earthquake damage repairs, a preliminary inspection by
the Building Code Official will be required for determining the status
of the existing building before the rebuild can begin.
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(23)
Section R110, add the following Subsection R110.6:
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R110.6 Sale of one- or two-family dwelling. Prior
to the consummation of the same (settlement) of any new one- or two-family
dwelling, there shall be an inspection of the unit and premises by
the Code Official and a certificate of use and occupancy issued or
a list of the violations or deficiencies requiring correction prior
to issuance of such certificate. At the time of consummation of such
sale, the certificate of use and occupancy, or a list of the deficiencies
or violations which remain to be corrected prior to issuance of such
certificate, shall be presented to the buyer. Unless contractually
relieved of such responsibility, the seller shall be responsible for
correction of any violations or deficiencies necessary for the certificate
to be issued. When a certificate of use and occupancy has not been
issued prior to consummation of the sale, there shall be required
a separate written contractual agreement indicating responsibility
for correction of all deficiencies or violations cited by the Code
Official by a date certain. The provisions of this subsection are
not applicable when a new dwelling unit is purchased for resale as
a new dwelling unit.
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(24)
Section R202, Definitions, add:
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COMPLETE LOAD PATH. A system of wood structural
panels, metal connectors, tie rods or engineer design that provides
a continuous connection of all exterior framing components from the
roof of the building to the foundation capable of resisting wind uplift
forces generated by the design wind speed as adjusted for the exposure
category.
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(25)
Section R301.2, Climatic and geographic design criteria, add the
following to Table R301.2(7), Climatic and Geographic Design Criteria:
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Ground Snow Load = 25 psf
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Wind = 115 mph
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Seismic Design Criteria = A
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Weathering = Severe
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Frost Line Depth = 24 inches
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Termite = Moderate to Heavy
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Decay = Slight to Moderate
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Winter Design Temperature = 13° F.
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Ice Barrier Underlayment Required = Yes
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Air Freezing Index = 308
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Mean Annual Temperature = 55.9° F.
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(26)
Section R303.4, Mechanical ventilation, remove in its entirety without
replacement. For mechanical ventilation requirements, refer to the
International Energy Conservation Code (IECC).
(27)
Section R310.1, Emergency escape and rescue required, remove and
replace with:
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R310.1 Emergency escape and rescue required. Every
sleeping room shall have at least one openable emergency escape and
rescue window or exterior door opening for emergency escape and rescue.
If openings are provided as a means of escape and rescue, they shall
have a sill height of not more than 44 inches (1,118 mm) above the
adjacent interior surface. If a door opening having a threshold below
the adjacent ground elevation serves as an emergency escape and rescue
opening and is provided with a bulkhead enclosure, the bulkhead enclosure
shall comply with Section R310.3. The net clear opening dimensions
required by this section shall be obtained by the normal operation
of the window or door opening from the inside. Escape and rescue window
openings with a finished sill height below the adjacent ground elevation
shall be provided with a window well in accordance with Section R310.2.
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(28)
Section R311.7.5, Stair treads and risers, remove and replace with:
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R311.7.5 Stair treads and risers. The maximum riser
height shall be 8 1/4 inches (210 mm) and the minimum tread depth
shall be nine inches (299 mm). The riser height shall be measured
vertically between leading edges of the adjacent treads. The tread
depth shall be measured horizontally between the vertical planes of
the foremost projection of adjacent treads and at a right angle to
the treads' leading edge. The walking face of treads and landings
of a stairway shall be sloped no steeper than one unit vertical in
48 units horizontal (2% slope). The greatest riser height within any
flight of stairs shall not exceed the smallest by more than 3/8 inch
(9.5 mm). The greatest tread depth within any flight of stairs shall
not exceed the smallest by more than 3/8 inch (9.5 mm). Winder treads
shall have a minimum tread depth of nine inches (229 mm) measured
at a point 12 inches (305 mm) from the side where the treads are narrower.
Winder treads shall have a minimum tread depth of six inches (152
mm) at any point.
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(29)
Section R311.7.5.3, Nosings, delete Exception 1 and replace with:
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Exception: A nosing is not required if the tread
depth is a minimum of 10 inches.
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(30)
Section R311.7.8, Handrails, remove and replace with:
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R311.7.8 Handrails. Handrails shall be provided
on at least one side of stairways consisting of three or more risers.
Handrails shall have a minimum height of 34 inches (864 mm) and a
maximum height of 38 inches (965 mm) measured vertically from the
nosing of the treads. All required handrails shall be continuous the
full length of the stairs from a point directly above the top riser
to a point directly above the lowest riser of the stairway. The ends
of the handrail shall be returned into a wall or shall terminate in
newel posts or safety terminals. A minimum clear space of 1 1/2
inches (38 mm) shall be provided between the wall and the handrail.
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Exceptions:
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1.
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Handrails shall be permitted to be interrupted by a newel post
at a turn.
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2.
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The use of a volute, turnout, or starting easing shall be allowed
over the lowest tread.
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(31)
Section R313.2, One- and two-family dwellings automatic fire systems,
remove "Exception" and replace with the following:
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Exception: An automatic residential fire sprinkler
system shall not be required for additions or alterations to existing
buildings that are not already provided with an automatic residential
sprinkler system; unless the proposed addition results in an increase
in the existing square footage of the structure by more than 50%,
or if the alteration will involve more than 70% of the existing square
footage.
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The square footage of every room being added or altered shall
be included in the calculation of total square footage for the addition
or alteration. The entire square footage of an individual room shall
be considered added or altered when more than 50% of the total linear
length of a room, is new, removed, or replaced. If the addition exceeds
50% or the alteration exceeds 70%, it will be classified as a new
single-family dwelling and be permitted, reviewed and inspected as
such.
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(32)
Section E3401.1, Applicability, add: "The subject matter of the Chapters 34 through 43 is not within the scope of the Charles County Building Code. For the applicable electrical requirements, refer to the 2014 National Electrical Code (NEC) as adopted and enforced by the State Fire Marshal and the Building Code Official pursuant to the provisions of the Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland and known as the "Charles County Electrical Code."
(33)
Appendix E, Manufactured Housing Used as Dwellings, of the IRC is
incorporated into the Charles County Building Code, as modified: Section
AE304, Fees, is removed without replacement.
(34)
IBC provisions contained in the following appendices are adopted:
IBC Appendix C, Group U - Agricultural Buildings, Appendix F, Rodentproofing,
Appendix G, Flood-Resistant Construction, Appendix I, Patio Covers.
(35)
IBC Appendix H, Signs, is adopted with the following section changed:
Section H106.2, remove: "NFPA 70" and replace with "2014 National
Electrical Code (NEC), otherwise known as the 'Charles County Electrical
Code.'"
(36)
Remove Chapter 11 of the IBC related to accessibility requirements
and replace with the Maryland Accessibility Code set forth in COMAR
05.02.02.
(37)
Add the following to IBC Chapter 18, Soils and Foundations, Section
1801.2.2, Expansive soil, and IRC Section 401:
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In the portion of Charles County designated as the "Area of
Special Geotechnical Consideration" per the Planning and Growth Management
map entitled "Area of Geotechnical Concern," all soils and foundation
support shall be removed to a minimum depth of four feet below the
final finished grade. The minimum footing depths shall be as determined
by this code. Soil removed shall not be used as backfill for foundation
walls or other structural fill. No large trees or woody vegetation
with large root systems shall be located such that the drip zone for
the tree is within five feet of the foundation wall. Applicants may
provide a geotechnical report prepared by a professional engineer
licensed in the State of Maryland in lieu of complying with the above
requirements. All recommendations provided in the geotechnical report
shall be incorporated as part of the permit and become a permit condition.
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(38)
Add the following to IBC Chapter 18, Soils and Foundations, Section
1808.5 Shifting or moving soils, IRC Section R403.1.4, Minimum depth:
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All exterior footing or foundations located in the portion of
Charles County designated as the "Area of Special Geotechnical Consideration"
per the Planning and Growth Management map entitled "Area of Geotechnical
Concern," shall extend to a minimum of four feet below the finished
grade.
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Applicants may provide a geotechnical report prepared by a professional
engineer licensed in the State of Maryland in lieu of complying with
the above requirements. All recommendations provided in the geotechnical
report shall be incorporated as part of the permit and become a permit
condition.
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(39)
Add the following to IBC Chapter 18, Soils and Foundations, Section
1805.4.3, Drainage discharge, IRC Section R405, Foundation Drainage,
and R405.1, Concrete or masonry foundations: "In the portion of Charles
County designated as 'Areas of Special Geotechnical Consideration'
per the Planning and Growth Management entitled 'Area of Geotechnical
Concern,' foundation drains shall be installed and shall discharge
at a minimum of 10 feet away from all foundation walls or at the property
line, whichever is less."
(40)
Remove the contents of IBC Chapter 34 in its entirety and replace with:
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SECTION 3401 GENERAL
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3401.1 Scope. The provisions of the Maryland Building
Rehabilitation Code shall control the repairs, modifications, reconstruction,
additions, and changes in occupancy to existing buildings.
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SECTION 3402 VACANT COMMERCIAL STRUCTURES
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3402.1 Scope. This section is to protect the public
health, safety and welfare in all existing vacant commercial structures;
fixing the responsibility of owners; and providing for administration,
enforcement and penalties.
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3402.2 Intent. Existing structures and premises
that do not comply with these provisions shall be altered or repaired
to provide a minimum level of health and safety as required herein.
All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health and safety.
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3402.3 Existing remedies. The provisions in this
code shall not be construed to abolish or impair existing remedies
of the jurisdiction or its officers or agencies relating to the removal
or demolition of any structure which is dangerous, unsafe and unsanitary.
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3402.4 Saving clause. This code shall not affect
violations of any other ordinance, code or regulation existing prior
to the effective date hereof, and any such violation shall be governed
and shall continue to be punishable to the full extent of the law
under the provisions of these ordinances, codes or regulations in
effect at the time the violation was committed.
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SECTION 3403 NOTICES AND ORDERS
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3403.1 Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation
of this Code or has grounds to believe that a violation has occurred,
notice shall be given to the owner or the person or persons responsible.
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3403.2 Form. Such notice shall:
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1.
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Be in writing;
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2.
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Include a description of the real estate sufficient for identification;
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3.
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Include a statement of the reason or reasons why the notice
is being issued; and
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4.
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Include a correction order allowing a reasonable time for the
repairs.
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3403.3 Method of service. Such notice shall be
deemed to be properly served if a copy thereof is (a) delivered to
the owner personally; or (b) sent by certified or registered mail
addressed to the owner at the last known address with return receipt
requested. 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.
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3403.4 Transfer of ownership. It shall be unlawful
for the owner of any structure who has received a compliance order
or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
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3403.5 Closing of vacant structures. If the structure
is vacant and unfit for human habitation and occupancy, and is not
in danger of structural collapse, the Code Official is authorized
to post a placard of condemnation on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of
the owner to close up the premises within the time specified in the
order, the Code Official shall cause the premises to be closed through
any available public agency or by contract or arrangement by 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 such
real estate.
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3403.6 Notice. Whenever the Code Official has condemned
a structure under provisions of this section, notice shall be posted
in a conspicuous place in or about the structure affected by such
notice and served on the owner or the person or persons responsible
for the structure.
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3403.7 Placarding. Upon failure of the owner or
person responsible to comply with the notice provisions within the
time given, the Code Official shall post on the premises a placard
bearing the word "Condemned" and a statement of the penalties provided
for occupying the premises or removing the placard.
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3403.8 Prohibited occupancy. Any person who shall
occupy a placarded premises and any owner or any person responsible
for the premises who shall let anyone occupy a placarded premises
shall be liable for the penalties provided by this code.
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3403.9 Removal of placard. The Code Official shall
remove the condemnation placard whenever the defect or defects upon
which the condemnation and placarding action were based have been
eliminated. Any person who defaces or removes a condemnation placard
without the approval of the code official shall be subject to the
penalties provided by the code.
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SECTION 3404 DEMOLITION
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3404.1 General. The Code Official shall order the
owner of any premises upon such that it is unreasonable to secure
from casual entry, meaning windows and doors boarded per Appendix
A of the 2012 IPMC, and trash and debris removed within 30 days of
the date of the notice from the Code Official, repair the structure,
to raze and remove such structure within 90 days; or if such structure
is capable of being made safe by repairs, to repair and make safe
and sanitary within 90 days of the notice or to raze and remove at
the owner's option; or where there has been a cessation of normal
construction of any structure for a period of more than six months,
to raze and remove such structure within 90 days of the date of the
notice.
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3404.2 Order. All notices and orders shall comply
with Section 3410.
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3404.3 Failure to comply. If the owner of a premises
fails to comply with a demolition order within the time prescribed,
the Code Official shall cause the structure to be razed and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such razing and removal shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
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3404.4 Salvage materials. When any structure has
been ordered razed and was removed through the Code Official due to
the owner's failure to comply, the governing body or other designated
officer under said contract or arrangement aforesaid shall have the
right to sell the salvage and valuable materials at the highest price
obtainable. The net proceeds of such sale, after deducting the expenses
of such razing and removal, shall be promptly remitted with a report
of such sale or transaction, including the items of expense and the
amounts deducted, for the person who is entitled thereto, subject
to any order of a court. If such surplus does not remain to be turned
over, the report shall so state.
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SECTION 3405 EXTERIOR STRUCTURE
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3405.1 General. The exterior of a structure shall
be maintained in good repair, structurally sound and sanitary so as
not to pose a threat to the public health, safety or welfare.
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3405.2 Failure to comply. If the owner of a premises
fails to comply with a repair order within 90 days, the Code Official
shall cause the structure to be repaired, either through an available
public agency or by contract or arrangement with private persons,
and the cost of such repair shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
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3405.3 Exterior painting. All wood and metal surfaces,
including but not limited to, window frames, doors, door frames, cornices,
porches and trim, shall be maintained in good condition. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted.
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3405.4 Street numbers. Each structure to which
a street number has been assigned shall have such number displayed
in a position easily observed and readable from the public right-of-way.
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3405.5 Structural members. All structural members
shall be maintained free from deterioration, and shall be capable
of safely supporting the imposed dead and live loads.
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3405.6 Foundation walls. All foundation walls shall
be maintained plumb and free from open cracks and breaks and shall
be kept in such condition so as to prevent the entry of rats.
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3405.7 Exterior walls. All exterior walls shall
be free from holes, breaks, loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent
deterioration.
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3405.8 Roofs and drainage. The roof and flashing
shall be sound, tight, and not have defects that admit rain. Roof
drainage shall be adequate to prevent dampness or deterioration in
the walls or interior portion of the structure. Roof drains, gutters,
and down spouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public
nuisance.
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3405.9 Decorative features. All cornices, belt
courses, corbels, terra cotta trim, wall facings and similar decorative
features shall be maintained in good repair with proper anchorage
and in safe condition.
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3405.10 Overhang extensions. All canopies, marquees,
signs, metal awnings, fire escapes, standpipes, exhaust ducts and
similar overhang extensions shall be maintained in good repair and
be properly anchored so as to be kept in a sound condition. When required,
all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather
coating materials, such as paint or similar surface treatment.
| ||
|
3405.11 Stair and walking surfaces. Every stair,
ramp, balcony, porch, deck or other walking surface shall be kept
in a sound condition.
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|
3405.12 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
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|
3405.13 Chimneys and towers. All chimneys, cooling
towers, smoke stacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good repair. All exposed surfaces
of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
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|
3405.14 Handrails and guards. Every handrail and
guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
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|
3405.15 Window and door frames. Every window, door
and frame shall be kept in sound condition, good repair and weathertight.
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|
3405.15.1 Glazing. All glazing materials shall
be maintained free from cracks and holes.
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|
3405.15.2 Openable windows. Every window, other
than a fixed window, shall be easily openable and capable of being
held in position by window hardware.
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|
3405.16 Doors. All exterior doors and hardware
shall be maintained in good condition.
| ||
|
3405.17 Basement hatchways. Every basement hatchway
shall be maintained to prevent the entrance of rats, rain, and surface
drainage water.
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|
3405.18 Guards for basement windows. Every basement
window that is openable shall be supplied with rat proof shields,
storm windows or other approved protection against entry of rats.
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(41)
IBC Section 1011.5.2, Riser height and tread depth, delete Exception
4 and replace with the following:
|
4.
|
See the Maryland Building Rehabilitation Code as set forth in
COMAR Title 5, Subtitle 16, for the replacement of existing stairways.
|
(42)
IRC Section R101.2, Scope, add Exception 3:
|
3.
|
Existing buildings undergoing repair, alterations or additions,
and change of occupancy shall be permitted to comply with the Maryland
Building Rehabilitation Code.
|
(43)
IRC Section R103, remove the word "Department" and replace with "Planning
and Growth Management" wherever it appears.
(44)
IRC Section 106.3.1, Remove the wording "approved plans per IRC Section
R106.3.1 reviewed for code compliance" and replace with "approved
to issue."
(45)
Add an Appendix V to the IRC entitled "Swimming Pools, Spas and Hot Tubs."
(46)
IRC Appendix V, Swimming Pools, Spas and Hot Tubs, add Section AG105.1.2, Aboveground pools.
|
AG105.1.2 Aboveground pools.
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|
1.
|
The terrain under an aboveground pool shall be graded flat.
| |
|
2.
|
This level grading shall extend three feet beyond the pool assembly;
including the pool barrier/fence/deck perimeter, and/or outermost
point of the pool assembly.
| |
|
3.
|
Measurements shall be taken perpendicular to the outermost points
of the barrier/fence/deck; around the entire pool assembly.
| |
|
4.
|
Any decking that is integrated to the pool design, shall be
considered part of the pool assembly when calculating this condition.
| |
(47)
IRC Appendix V, incorporate 2012 IRC Appendix G, "Swimming Pools, Spas and Hot Tubs," in its entirety. Add Requirement 6, "The wire shall not be less than 11.5 gauge," to Section AG 105.2.
(48)
IBC Section 103, remove the words "Department of Building Safety,"
and replace with "Planning and Growth Management" wherever it appears.
(49)
IRC Section R406, Foundation Waterproofing and Dampproofing, remove
Section R406.1, Concrete and masonry foundation dampproofing, without
replacement. Section 406.2, Concrete and masonry foundation waterproofing,
remove the words: "In areas where a high water table or other severe
soil/water conditions are known to exist" and replace with "all."
(50)
IRC Section R110.1, Use and occupancy, remove Exception 2 without
replacement.
(51)
IRC Section R109.1.5, Other inspections, add R109.1.5.2, Energy efficiency.
|
R109.1.5.2 Energy efficiency. The dwelling shall
be inspected to determine compliance with the Maryland Energy Conservation
Building Standards and compliance with Chapter 11, Energy Efficiency.
|
(52)
IRC Section R109.1.5, Other inspections, add R109.5.3, Load path
and wall bracing.
R109.5.3 Load path and wall bracing. The load path
inspection which has been required in Charles County since 2004 will
now include the wall bracing requirements in Section 602.10, Wall
bracing, of the 2015 IRC, and the inspection name has changed to "load
path and wall bracing."
(53)
IRC Section R505, Cold-formed steel floor framing, add R505.3.9,
Steel to steel support assemblies.
R505 Steel to steel support assemblies. The use
of steel beams in residential construction shall be by engineered
design only. In complying with industry standards, steel beams shall
be supported by steel columns unless an engineered design specifically
requires an alternative support.
(54)
IRC Section R403.1.4, Minimum depth, replace with the following:
R403.1.4 Minimum depth. Unless otherwise located
in the area of geotechnical concern, exterior footings shall not be
placed less than 24 inches below the undisturbed ground surface. Where
applicable, the depth of the footings shall also conform to Sections
403.1.4.1 through 403.1.4.2. All deck support posts and stair stringers
shall be supported on concrete footings a minimum of 16 inches by
16 inches by eight inches.
(55)
International Plumbing Code (IPC) Section 101.1, Title, insert "Charles
County, Maryland."
(56)
IPC Section 106.6, Fees, remove in its entirety without replacement.
(57)
Replace the entire IPC Section 109, Means of Appeal, with:
|
SECTION 109 APPEALS
| |
|
109.1 General. In order to hear and decide the
appeals of orders, decisions, or determinations of the Code Official
relative to the application and interpretation of this code, there
shall be an administrative policy created for such an appeal by the
Department of Planning and Growth Management. This policy and procedure
will be maintained by the Department of Planning and Growth Management.
| |
|
109.2 A written application for appeal shall be
based on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted by the Code Official.
The appeal of the order, decision, or determination of the Code Official
will be processed in writing through the Chief of Codes, Permits and
Inspection Services, to the Director of Planning and Growth Management.
|
(58)
In the IPC, remove all references to the "International Fire Code"
and replace with the "State Fire Code of Maryland."
(59)
IPC Section 603.1, Size of water service pipe, should read as follows:
"The water service pipe shall be sized to supply water to the structure
in the quantities and at the pressure required in this code. The minimum
diameter of water service pipe shall be one inch."
(60)
IPC Section 603.2, Separation of water service and building sewer,
should read as follows: "Water service pipe and the building sewer
shall be separated by 10 feet of undisturbed or compacted earth."
(61)
IPC Section 701.2, Sewer required, remove the statement "or an approved
private sewage disposal system in accordance with the International
Private Sewage Disposal Code" without replacement.
(62)
IPC Section 715.1, Sewage backflow, delete entire section and replace
with the following:
715.1 Sewage backflow. Sewage backflow is required
on all homes served by a public system regardless of location of first
upstream manhole cover.
(63)
IPC Section 715, add new Section 715.1.1, Sewer repairs.
715.1.1 Sewer repairs. Where repairs are being
made to an existing sewer lateral serving an existing dwelling on
a public system, repairs must incorporate a sewage backflow device
install in accordance with this section.
(64)
IPC provisions contained in the following appendices are adopted:
IPC Appendix B - Rates of Rainfall for Various Cities; Appendix C
- Structural Safety; Appendix D - Degree Day and Design Temperatures;
and Appendix E - Sizing of Water Piping System.
(65)
International Fuel Gas Code (IFGC) Section 101.1, Title, insert "Charles
County, Maryland."
(66)
IFGC Section 106.6, Fees, delete without replacement.
(67)
International Fuel Gas Code (IFGC) Section 107.2, Required inspections
and testing, Subsection 1, add the sentence "All underground gas piping
requires an underground inspection."
(68)
Replace the entire section IFGC Section 109, Means of Appeal, and
replace with Section 109, Appeals, to read as follows:
|
SECTION 109 APPEALS
| |
|
109.1 In order to hear and decide the appeals of
orders, decisions, or determinations of the Code Official relative
to the application and interpretation of this code, there shall be
an administrative policy created for such an appeal by the Department
of Planning and Growth Management. This policy and procedure will
be maintained by the Department of Planning and Growth Management.
| |
|
109.2 A written application for appeal shall be
based on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted by the Code Official.
The appeal of the order, decision, or determination of the Code Official
will be processed in writing through the Chief of Codes, Permits and
Inspection Services, to the Director of Planning and Growth Management.
|
(69)
In the IFGC, remove all references to the "International Fire Code"
and replace with the "State Fire Code of Maryland."
(70)
International Fuel Gas Code (IFGC) Section 404.12, Minimum burial
depth, add a Section 404.12.2 with the following statement:
404.12.2 In locations determined by the field inspector
to be suceptible to physical damage, the burial depth shall be increased
to 18 inches, minimum, below finished grade.
(71)
International Mechanical Code (IMC) Section 101.1, Title, insert
"Charles County, Maryland."
(72)
IMC Section 106.5, Fees, delete without replacement.
(73)
Replace the entire section IMC Section 109, Means of Appeal, and
replace with Section 109, Appeals, to read as follows:
|
SECTION 109 APPEALS
| |
|
109.1 General. In order to hear and decide the
appeals of orders, decisions, or determinations of the Code Official
relative to the application and interpretation of this code, there
shall be an administrative policy created for such an appeal by the
Department of Planning and Growth Management. This policy and procedure
will be maintained by the Department of Planning and Growth Management.
| |
|
109.2 A written application for appeal shall be
based on a claim that the true intent of this code or the rules legally
adopted there under have been incorrectly interpreted by the Code
Official. The appeal of the order, decision, or determination of the
code official will be processed in writing through the Chief of Codes,
Permits and Inspection Services, to the Director of Planning and Growth
Management.
|
(74)
In the IMC, remove all references to the "International Fire Code"
and replace with the "State Fire Code of Maryland."
(75)
International Energy Conservation Code (IECC) Section C101.1, Title,
insert "Charles County, Maryland."
(76)
IECC Section C107, Fees, delete without replacement.
(77)
In the IECC, remove all references to the "International Fire Code"
and replace with the "State Fire Code of Maryland."
(78)
Replace the entire IECC Section C109, Board of Appeals, and replace
with Section C109, Appeals, to read as follows:
|
SECTION C109 APPEALS
| |
|
C109.1 In order to hear and decide the appeals
of orders, decisions, or determinations of the Code Official relative
to the application and interpretation of this Code, there shall be
an administrative policy created for such an appeal by the Department
of Planning and Growth Management. This policy and procedure will
be maintained by the Department of Planning and Growth Management.
| |
|
109.2 A written application for appeal shall be
based on a claim that the true intent of this Code or the rules legally
adopted thereunder have been incorrectly interpreted by the Code Official.
The appeal of the order, decision, or determination of the Code Official
will be processed in writing through the Chief of Codes, Permits and
Inspection Services, to the Director of Planning and Growth Management.
|
(79)
International Existing Building Code (IEBC) Section 101.1, Title,
insert "Charles County, Maryland."
(80)
IEBC Section 108, Fees, delete without replacement.
(81)
Replace the entire IEBC Section 112, Board of Appeals, and replace
with Section 109, Appeals, to read as follows:
|
SECTION 109 APPEALS
| |
|
109.1 In order to hear and decide the appeals of
orders, decisions, or determinations of the Code Official relative
to the application and interpretation of this code, there shall be
an administrative policy created for such an appeal by the Department
of Planning and Growth Management. This policy and procedure will
be maintained by the Department of Planning and Growth Management.
| |
|
109.2 A written application for appeal shall be
based on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted by the Code Official.
The appeal of the order, decision, or determination of the Code Official
will be processed in writing through the Chief of Codes, Permits and
Inspection Services, to the Director of Planning and Growth Management.
|
(82)
In the IEBC, remove all references of the "International Fire Code"
and replace with the "State Fire Code of Maryland."
(83)
In the IEBC, remove all references of the "International Property
Maintenance Code (IPMC)" without replacement.
(84)
In the IEBC, remove all references to "Accessibility Requirements
- Chapter 11 of the International Building Code (IBC)," and replace
with "the Maryland Accessibility Code set forth in COMAR 05.02.02."
(85)
International Property Maintenance Code (IPMC) Section 101.1, Title,
insert "Charles County, Maryland."
(86)
Replace all references to "Code Official" in the IPMC with "Inspections
and Enforcement Manager."
(87)
IPMC Appendix A, Boarding Standard, is adopted into the Charles County
Building Code.
(88)
If a building permit application has not been issued and because
of inactivity an extension request needs to be submitted to the Building
Code Official after the adoption date of these new codes, the Building
Code Official is authorized to request a conformity review with all
applicable new codes as a condition to the extension request.
(89)
IRC Section R313.1.1, delete text and replace with the following:
R313.1.1 Design and installation. Automatic residential
fire sprinkler systems for townhouses shall be designed in accordance
with NFPA 13D.
(90)
IECC Table 405.5.2(1), under the building component "Vertical fenestration
other than opaque doors," delete "(a)" under Standard Reference Design
without replacement and amend "(b)" to read "15% of the conditioned
floor area."
(91)
IECC add Section 402.3.3.1, Overhang credit for SHGC (Climate Zone
1-4), with the following text:
402.3.3.1 Overhang credit for SHGC (Climate Zone 1-4)
Projection factor. The ratio of the horizontal
depth of an overhang eave, or permanently attached shading device,
divided by the distance measured vertically from the bottom of the
fenestration glazing to the underside of the overhang eave, or permanently
attached shading device.
R402.3.3 Glazed fenestration SHGC exception. In
Climate Zone 1 through 4, permanently shaded vertical fenestration
shall be permitted to satisfy the SHGC requirements. The projection
factor of an overhang, eave, or permanently attached shading device
shall be greater than or equal to the value listed in Table R402.3.3
for the appropriate orientation. The minimum projection shall extend
beyond each side of the glazing a minimum of 12 inches. Each orientation
shall be rounded to the nearest cardinal orientation (+/-45° or
0.79 RAD) for purposes of calculations and demonstrating compliance.
|
Table R402.3.3
| ||
|---|---|---|
|
Minimum Projection Factor Required by Orientation for
SHGC Exception
| ||
|
Orientation
|
Projection Factor
| |
|
North
|
>=0.40a
| |
|
South
|
>=0.20
| |
|
East
|
>=0.50
| |
|
West
|
>=0.50
| |
(92)
IRC Section R403.1.6, Foundation anchorage, add the following exceptions:
|
3.
|
Anchor bolts attaching sole plates of interior GB braced wall
panels (R602.10) can be replaced with an approved anchorage method
with at least 200 plf lateral and 150 plf uplift when all the following
conditions are met:
| ||
|
3.1.
|
The basic wind speed in accordance with Figure R301.2(4)A does
not exceed 115 mph.
| ||
|
3.2.
|
The seismic design category is A or B; and
| ||
|
3.3.
|
The GB braced wall panels are not part of the exterior wall.
| ||
(93)
IRC Section M1503.4, Makeup air required, amend the first sentence
to read as follows: Exhaust hood systems capable of exhausting more
than 400 cubic feet per minute shall be mechanically or naturally
provided with makeup air at a rate approximately equal to the exhaust
air rate in excess of 400 cubic feet per minute.
Add the following text:
Exceptions: Makeup air openings are not required
for kitchen exhaust systems capable of exhausting not greater than
600 cubic feet per minute, provided that one of the following conditions
are met:
|
1.
|
Where the floor area within the air barrier of a dwelling unit
is at least 1,500 square feet, and where the natural draft or mechanical
draft space or water-heating appliances are not located within the
air barrier.
| |
|
2.
|
Where the floor area within the air barrier of a dwelling unit
is at least 3,000 square feet, and where the natural draft space or
water-heating appliances are not located within the air barrier.
| |
|
3.
|
Where all appliances in the house are sealed combustion, power-vent,
unvented or electric.
|
The periodic supplements and amendments adopted by the International
Codes Council, Inc. and amendments to the 2015 editions of the previously
mentioned I-codes shall become a part of the Charles County Building
Code as and when the same shall be adopted by the International Codes
Council, Inc.
The following shall be made part of this chapter:
A.
On-site drainage. The following provisions apply to the conveyance
and disposal of stormwater runoff and sump pump discharge not otherwise
classed as, or qualified to be, part of the Charles County Stormwater
Management, Road, Grading and Sediment Control Ordinances.[1]
(1)
Drainage. Drainage conveyance systems shall be provided to safely
discharge surface and groundwater in such a manner to prevent erosion,
overflow, ponding or nuisance of any kind to the nearest practical
street, storm drain, adjacent properties, or other adequate conveyance
system in accordance with applicable design criteria, standards and
procedures as contained herein and as required by approved standards
and regulations of the County ordinances listed above.
(2)
Ponding. The ponding of water shall not be permitted particularly
above cut or fill slopes or on drainage terraces, nor shall water
be impounded on adjacent property. Adequate drainage/grading shall
be provided to prevent such ponding.
(3)
Improvements. All drainage improvements such as interceptors, diversion
berms, swales and ditches shall be designed and constructed in accordance
with standards contained elsewhere herein. When required, ditches/swales
shall be piped or paved or otherwise improved. Drainage discharging
into natural watercourses may require that such natural watercourses
be protected from erosion by an adequate amount of riprap or by other
acceptable measures as dictated by the County.
(4)
Groundwater. Springs and surfaces seeps and other groundwaters shall
be capped with porous gravel and/or sand with interlaced tile drains
or perforated pipes connecting into a piped outfall to a public storm
drainage system or natural watercourse.
B.
Certification for new residential construction.
(1)
Written certification, as to compliance to the approval site plan dealing with the foundation wall location and first floor elevation, shall be submitted to Charles County Planning and Growth Management by a registered land surveyor and/or professional engineer according to Subsection B(2) listed below.
(2)
Written certifications, as to compliance to County ordinances dealing
with on-site grading/drainage shall be submitted to the Charles County
Planning and Growth Management by the contractor/permit applicant.
(a)
Foundation wall location and first floor elevation certification
for all new residential dwelling construction on lots of one acre
or less. For lots greater than one acre, foundation wall location
will only be required. This must be submitted prior to completion
of framing/wall construction. Failure to comply will result in inspection
disapproval and/or issuance of a stop-work order until such time as
certification is received.
(b)
On-site grading/drainage certification for all new residential
dwelling construction on lots of one acres or less. This must be submitted
prior to the issuance of an use and occupancy. Failure to comply will
constitute grounds for issuance of a stop-work order which will not
be released until such time as certification is received. On residential
dwelling construction, the Charles County Building Code Official may
issue a certificate of use and occupancy upon the homeowner's
acceptance of responsibility for lot stabilization and for obtaining
on-site drainage certification as soon as weather conditions allow.
Whenever new editions of the previously mentioned I-codes are
published by the International Codes Council, Inc., the new edition
shall become the adopted Building Code of Charles County effective
the first day of July the same calendar year of the State of Maryland's
adoption date.
