A.
Acceptance of state standards. The Mayor and Commissioners of Westernport,
for the purpose of implementing and enforcing the Maryland Building
Performance Standards [specifically, the 2015 International Building
Code (IBC), the 2015 International Residential Code (IRC) with Department
of Housing and Community Development (DHCD) modifications and the
2015 International Energy Conservation Code (IECC)], including state
modifications and the following local amendments, accept the Maryland
Building Performance Standards as the governing building codes for
the Town of Westernport.
B.
State modifications. State modifications to the IBC, IRC and IECC
include but are not limited to those set forth in COMAR 05.02.07.04
as well as the following codes and standards:
(2)
Minimum Livability Code incorporating the International Property
Maintenance Code (IPMC) 2012 (reference COMAR 05.02.03).
(3)
Maryland Accessibility Code (MAC) (reference COMAR 05.02.02).
(5)
For applicable electrical requirements, refer to the local electrical
code and the National Electrical Code (NEC) as adopted and enforced
by the State Fire Marshal, authorized fire officials, or building
officials (reference COMAR 05.02.07; Public Safety Article Title 12,
Subtitle 6, Annotated Code of Maryland).
(6)
For the applicable requirements concerning the mechanical systems,
refer to the local mechanical code and the mechanical code adopted
pursuant to the provisions of the Business Regulation Article, § 9A-205,
Annotated Code of Maryland).
(7)
For the applicable requirements concerning the plumbing systems,
refer to the local plumbing code and the plumbing code adopted pursuant
to the provisions of the Business Occupations and Professions Article,
Title 12, Annotated Code of Maryland, National Standard Plumbing Code
(reference COMAR 05.02.07; Business Occupations and Professions Article,
Title 12, Annotated Code of Maryland).
(8)
International Building Code (IBC) 2015, Chapter 24, Section 2406.
Safety glazing requirements set forth in the Public Safety Article,
Title 12, Subtitle 4, Annotated Code of Maryland, are in addition
to Chapter 24, Section 2406, of the IBC 2015 (reference COMAR 05.02.07;
Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland).
(9)
International Building Code (IBC) 2015, Chapter 30. Elevators and
conveying systems requirements set forth in the IBC 2015, Chapter
30, 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 (reference COMAR 05.02.07; Public Safety Article, Title
12, Subtitle 8, Annotated Code of Maryland).
A.
No permit, as required by the building code adopted by this article,
shall be issued until the prescribed fee shall have been paid. No
amendment to a permit shall be approved until the additional fee,
if any, due to an increase in the estimated cost of the building or
structure, shall have been paid.
B.
In case of abandonment or discontinuance, the cost of work performed
under a permit may be estimated, an adjustment of the fee made and
the portion of the fee for uncompleted work returned to the permit
holder, provided that no refund of a prescribed minimum fee shall
be made. If such discontinuance is due to revocation of a permit,
a similar adjustment and return may be made, provided that no refund
shall be made until all penalties incurred or imposed by due authority
have been collected. After such a refund has been made, no work shall
be resumed until a new application has been made and a new permit
has been issued.
A.
Office established.
The office of Building Official is hereby established, and the executive
official in charge shall be known as the "Building Official."
B.
Appointment;
term of office; removal from office. The Building Official shall be
appointed by the Mayor and Commissioners. His appointment shall continue
during good behavior and satisfactory service. He shall not be removed
from office except for cause after full opportunity has been given
him to be heard on specific charges.
C.
Qualifications.
To be eligible for appointment, the candidate for the position of
Building Official shall have had experience as an architect, structural
engineer, building inspector or superintendent of building construction.
He shall be in good health and physically capable of making the necessary
examinations and inspections. He shall not have any interest whatever,
directly or indirectly, in the sale or manufacture of any material,
process or device entering into or used in or in connection with building
construction, alterations, removal and demolition.
D.
Powers and
duties generally.
(1)
The Building Official or his duly designated agent shall receive
applications required by this article, issue permits and furnish the
prescribed certificates. He shall examine premises for which permits
have been issued and shall make necessary inspections to see that
the provisions of law are complied with and that construction is prosecuted
safely. He shall enforce all provisions of the building code adopted
by this article. He shall, when requested by proper authority or when
the public interest so requires, make investigations in connection
with matters referred to in the building code and render written reports
on such matters. He shall issue such notices or orders as may be necessary
to enforce compliance with law, to remove illegal or unsafe conditions,
to secure the necessary safeguards during construction or to require
adequate exit facilities in buildings and structures.
(2)
Inspections required under the provisions of the building code adopted
by this article shall be made by the Building Official or his duly
designated agent. The Building Official may accept reports of inspectors
of recognized inspection services after investigation of their qualifications
and reliability. No certificate called for by any provision of the
building code shall be issued on such reports unless the reports are
in writing and certified to by a responsible officer of such service.
(3)
The Building Official shall keep comprehensive records of applications,
of permits issued, of certificates issued, of inspections made, of
reports rendered and of notices or orders issued. He shall retain
on file copies of required plans and all documents relating to building
work so long as any part of the building or structure to which they
relate may be in existence.
(4)
All such records shall be open to public inspection for good and
sufficient reasons at the stated office hours but shall not be removed
from the office of the Building Official without his written consent.
(5)
The Building Official shall make written reports to his immediate
superior once each month, or more often if requested, including statements
of permits and certificates issued and orders promulgated.
E.
Right of
entry. The Building Official, in the discharge of his official duties,
and upon proper identification, shall have authority to enter any
building, structure or premises at any reasonable hour.
F.
Assistance
from other officials. The Building Official may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of other officials of the Town.
G.
Acting Building
Official. During the temporary absence or disability of the Building
Official, the appointing authority shall designate an Acting Building
Official.
