Town of Smithsburg, MD Chapter 146 Building Construction

[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg 2-3-2004 as Ch. 4, Title 1, of the 2004 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 292.

§ 146-1 Building Code.

[Amended 10-7-2008; 10-4-2016 by Ord. No. 2016-04]

The International Building Code, 2015 Edition, the contents of which are incorporated herein by reference, is enacted with the following insertions, amendments and additions:

Section 101.1	Amended
Sections 101.1.1 through 101.1.11	Added
Section 103.1	Amended
Section 104.10	Amended
Section 105.2	Amended
Section 105.8	Added
Section 106	Deleted
Section 107.2.5.1	Deleted
Section 109.4	Amended
Section 110.3.3	Deleted
Section 110.3.3 Note	Added
Section 114.4	Amended
Section 114.5	Added
Section 202	Amended
Section 305.2.3	Amended
Section 308.6.4	Amended
Section 501.2	Amended
Table 508.4	Amended
Section 901.6	Amended
Section 903.2.1.2	Amended
Chapter 11	Deleted
Chapter 11 Note	Added
Section 1507.16	Amended
Sections 1507.16.2 through 1507.16.5	Added
Section 1512.1	Amended
Sections 1512.2 through 1512.5	Added
Section 1607.2	Amended
Table 1607.1	Amended
Section 1608.2	Amended
Section 1809.5	Amended
Table 1809.7	Amended
Table 2304.10.1	Amended
Section 2308.3.1	Amended
Section 2406.1.5	Added
Chapter 27 - Electrical	Deleted
Chapter 27 - Electrical	Note Added
Section 3001.1	Amended
Sections 3109.1 through 3109.5	Amended
Appendixes B, C and H	Adopted
Appendixes A, D, E, F, G, I, J, K, L and M	Deleted

A. Chapter 1, Administration, is amended as follows:

(1) Section 101, General, is amended as follows:

(a) Section 101.1 is amended and shall read as follows:

101.1 Title. These regulations shall be known as the Building Code of the Town of Smithsburg, Maryland, hereinafter referred to as "this code."

(b) Section 101.1.1 is added to read as follows:

101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2015 Edition, as amended or restated from time to time, as promulgated by the International Code Council, with local amendments as adopted in this chapter.

(2) Section 103, Department of Building Safety, is amended as follows:

(a) Section 103.1 is amended to read as follows:

103.1 Creation of enforcement agency. The Building Inspector or their designees shall be known as the Building Official and are hereby authorized and directed to administer and enforce all provisions of this code. The Building Official or their designees shall be referred to singularly or collectively as the Building Official.

(3) Section 104, Duties and Powers of Building Official, is amended as follows:

(a) Section 104.10 is amended to read as follows:

104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the appropriate Town department.

(4) Section 105, Permits, is amended as follows:

(a) Section 105.2. Work exempt from permit, Building, 4, 9 and 12 are amended and shall read as follows:

105.2 Work exempt from permit.
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Building:
4. Retaining walls that retain less than 36 inches of unbalanced backfill unless supporting a surcharge or impounding Class I, II, or IIIA liquids.
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9. Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep
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12. Noncombustible awnings or canopies shaped to positively shed snow and supported by an exterior wall that do not project more than 54 inches from the exterior wall and have a maximum height of four feet and a maximum width of eight feet. Awnings or canopies with proposed lighting as an integral part or that are intended to be used as a sign shall require a permit.
***

(b) No. 14 is added to Section 105.2, Work exempt from permit, Building, and shall read as follows:

14. Agricultural building in accordance with Section 202. (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 or a place of employment where agricultural products are processed, treated or packaged, nor shall it be used by the public.)

(c) Section 105.8 is added and shall read as follows:

105.8 Withholding of permits. Wherever the Building Official shall find that any person, agent, firm or corporation, whether as owner, lessee or occupant, is in violation of the provisions of this code or of the rules and regulations of any other department or agency of Washington County in connection with the erection, maintenance, use or repair of buildings, structures, lands or equipment thereon or therein, he may refuse to grant any further permits or inspections until all violations have been corrected and approved.

(5) Section 106, Floor and Roof Design Loads, is deleted in its entirety.

(6) Section 107, Submittal Documents, is amended as follows:

(a) Section 107.2.5.1, Design flood elevations, is deleted in its entirety.

(7) Section 109, Fees, is amended as follows:

(a) Section 109.4 is amended to read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to 100% of the usual permit fee in addition to the required permit fees.

(8) Section 110, Inspections, is amended as follows:

(a) Section 110.3.3 Lowest floor elevation, is deleted in its entirety. [Note: For the applicable requirements concerning flood hazard areas, refer to the Washington County Floodplain Management Ordinance adopted by the Board of County Commissioners of Washington County, Maryland, on May 27, 1992, effective November 1, 2004, as may be amended or restated from time to time.]

(9) Section 114, Violations, is amended as follows:

(a) Section 114.4 is amended to read as follows:

114.4 Criminal penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not less than $250 or more than $1,000, imprisonment not exceeding one year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(b) Section 114.5 is added and shall read as follows:

114.5 Civil penalties. Any person, firm, corporation or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Md. Code. Local Government Article, § 6-102 et seq. The penalty for a civil offense shall be established by resolution by the Mayor and Council of the Town of Smithsburg. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

B. Chapter 2, Definitions, is amended as follows:

(1) Section 202, Definitions, is amended as follows:

(a) The following definition is amended and shall read as follows:

TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides and is separated by a property line.

(b) The following definitions are added and shall read as follows:

AGRICULTURE. The raising of farm products for use or sale, including animal or poultry husbandry, animal husbandry facilities, aquaculture, and the growing of crops such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar products of the soil.

AGRICULTURAL OPERATION. Any parcel of land that has an agricultural assessment as determined by the Maryland State Department of Assessments and Taxation.

C. Chapter 3, Use and Occupancy Classification, is amended as follows:

(1) Section 305, Educational Group E, is amended as follows:

(a) Section 305.2.3 is amended to read as follows:

305.2.3 Eight or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having eight or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.

(2) Section 308, Institutional Group I, is amended as follows:

(a) Section 308.6.4 is amended to read as follows:

308.6.4 Eight or fewer persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having eight or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.

D. Chapter 5, General Building Heights and Areas, is amended as follows:

(1) Section 501, General, is amended as follows:

(a) Section 501.2 is amended to read as follows:

501.2 Address identification. New and existing buildings shall be provided with approved address numbers or letters. Each character shall be not less than four inches in height and not less than 0.5 inch in width. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property. When required by the Fire Code Official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address numbers shall be maintained.

(2) Table 508.4 is amended to read as follows:

Table 508.4
Required Separation of Occupancies (Hours)
Separation is not required between occupancies of the same classification
Occupancy	A, E		I-1, I-3, I-4		I-2		Ra		F-2, S-2b, U		B. F-1, M, S-1		H-1		H-2		H-3, H-4		H-5
	S	NS	S	NS	S	NS	S	NS	S	NS	S	NS	S	NS	S	NS	S	NS	S	NS
A,E	1	2	1	2	2	NP	1	2	N	1	1	2	NP	NP	3	4	2	3	2	NP
I-1, I-3, I-4	—	—	1	2	2	NP	1	NP	1	2	1	2	NP	NP	3	NP	2	NP	2	NP
I-2	—	—	—	—	N	N	2	NP	2	NP	2	NP	NP	NP	3	NP	2	NP	2	NP
Ra	—	—	—	—	—	—	1	1	1c	2c	1	2	NP	NP	3	NP	2	NP	2	NP
F-2, S-2b, U	—	—	—	—	—	—	—	—	1	2	1	2	NP	NP	3	4	2	3	2	NP
B, F-1, M, S-1											1	2	NP	NP	2	3	1	2	1	NP
H-1	—	—	—	—	—	—	—	—	—	—	—	—	N	NP	NP	NP	NP	NP	NP	NP
H-2					—	—									N	NP	1	NP	1	NP
H-3, H-4																	1d	NP	1	NP
H-S																			N	NP

S = Buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.
NS = Buildings not equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.
N = No separation requirement.
NP = Not permitted.
a.	See Section 420.
b.	The required separation from areas used only for private or pleasure vehicles shall be reduced by 1 hour but to not less than 1 hour.
c.	See Section 406.3.4.
d.	Separation is not required between occupancies of the same classification.
e.	See Section 422.2 for ambulatory care facilities.

E. Chapter 9, Fire Protection Systems, is amended as follows:

(1) Section 901, General, is amended as follows:

(a) Section 901.6 is amended and shall read as follows:

901.6 Supervisory service. Where required by the authority having jurisdiction, fire protection systems shall be monitored by an approved supervising station in accordance with NFPA 72.

(2) Section 903, Automatic Sprinkler Systems, is amended as follows:

(a) Section 903.2.1.2 is amended and shall read as follows:

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for fire areas containing Group A-2 occupancies and intervening floors of the building where one of the following conditions exists:
1.	The fire area exceeds 5,000 square feet (464.5m2);
2.	The fire area has an occupant load of 100 or more or a night club with an occupant load of 49 or more; or
3.	The fire area is located on a floor other than a level of exit discharge serving such occupancies.

F. Chapter 11, Accessibility, is hereby deleted in its entirety. [Note: For the applicable requirements concerning accessibility requirements refer to the Maryland Accessibility Code, (COMAR 05.02.02), as may be amended or restated from time to time.][1]

[1] Editor's Note: See now COMAR 09.12.53.02.

G. Chapter 15, Roof Assemblies and Roofstop Structures, is amended as follows:

(1) Section 1507, Requirements for Roof Coverings, is amended as follows:

(a) Section 1507.16 is amended and shall read as follows:

1507.16 Rooftop gardens and landscaped roofs. Rooftop gardens and landscaped roofs shall be installed and maintained in accordance with this chapter and Sections 1505.0, 1607.12.3 and 1607.12.3.1 and the State Fire Prevention Code.

(b) Sections 1507.16.2 through 1507.16.5 are added and shall read as follows:

1507.16.2. Rooftop garden or landscaped roof size. Rooftop gardens or landscaped roof areas shall not exceed 15,625 square feet (1,450 m2) in size for any single area with a maximum dimension of 125 feet (39 m) in length or width. A minimum six-foot-wide (1.8 m) clearance consisting of a Class A-rated roof system complying with ASTM E108 or UL 790 shall be provided between adjacent rooftop gardens or landscaped roof areas.
1507.16.3. Rooftop structure and equipment clearance. For all vegetated roofing systems abutting combustible vertical surfaces, a Class A-rated roof system complying with ASTM E108 or UL 790 shall be achieved for a minimum six-foot-wide (1.8 m) continuous border placed around rooftop structures and all rooftop equipment, including, but not limited to, mechanical and machine rooms, penthouses, skylights, roof vents, solar panels, antenna supports, and building service equipment.
1507.16.4 Vegetation. Vegetation shall be maintained in accordance with Sections 1507.16.4.1 and 1507.16.4.2.
	1507.16.4.1. Irrigation. Supplemental irrigation shall be provided to maintain levels of hydration necessary to keep green roof plants alive and to keep dry foliage to a minimum. 1507.16.4.2. Dead foliage. Excess biomass, such as overgrown vegetation, leaves, and other dead and decaying material, shall be removed at regular intervals not less than two times per year. 1507.16.4.3. Maintenance plan. The Building Official is authorized to require a maintenance plan for vegetation placed on roofs due to the size of a roof garden, materials used, or when a fire hazard exists to the building or exposures due to the lack of maintenance.
1507.16.5. Maintenance equipment. Fueled equipment stored on roofs and used for the care and maintenance of vegetation on roofs shall be stored in accordance with the State Fire Prevention Code.

(2) Section 1512, Solar Photovoltaic Panels/Modules, is amended as follows:

(a) Section 1512.1 is amended and shall read as follows:

1512.1. Solar photovoltaic panels/modules. Solar photovoltaic panels/modules installed upon a roof or as an integral part of a roof assembly shall comply with the requirements of this code and NFPA 70 and the State Fire Prevention Code.

Exception: Detached, nonhabitable Group U structures, including, but not limited to, parking shade structures, carports, solar trellises, and similar structures, shall not be subject to the requirements of this section.

(b) Sections 1512.2 through 1512.5 are added and shall read as follows:

1512.2 Marking. Marking is required on interior and exterior direct-current (DC) conduit, enclosures, raceways, cable assemblies, junction boxes, combiner boxes, and disconnects.
1512.2.1 Materials. The materials used for marking shall be reflective, weather-resistant, and suitable for the environment. Marking as required in Section 1512.2.2 through 1512.2.4 shall have all letters capitalized with a minimum height of 3/8 inch (9.5 mm) white on red background.
1512.2.2 Marking content. The marking shall contain the words "WARNING: PHOTOVOLTAIC POWER SOURCE."
1512.2.3. Main service disconnect. The marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the disconnect is operated.
1512.2.4. Location of marking. Marking shall be placed on interior and exterior DC conduit, raceways, enclosures, and cable assemblies every 10 feet (3,048 mm), within one foot (305 mm) of turns or bends and within one foot (305 mm) above and below penetrations of roof/ceiling assemblies, walls, or barriers.
1512.3 Locations of DC conductors. Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities. Conduit runs between subarrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof by taking the shortest path from the array to the DC combiner box. The DC combiner boxes shall be located such that conduit runs are minimized in the pathways between arrays. DC wiring shall be installed in metallic conduit or raceways when located within enclosed spaces in a building. Conduit shall run along the bottom of load-bearing members.
1512.4 Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections 1512.4.1 through 1512.4.3.3.
Exceptions:
1.	Residential structures shall be designed so that each photovoltaic array is no greater than 150 feet (45,720 mm) by 150 feet (45,720 mm) in either axis.
2.	Panels/modules shall be permitted to be located up to the roof ridge where an alternative ventilation method approved by the Fire Chief has determined vertical ventilation techniques will not be employed.
1512.4.1 Roof access points. Roof access points shall be located in areas that do not require the placement of ground ladders over openings such as windows or doors, and located at strong points of building construction in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.
1512.4.2. Residential systems for one- and two-family dwellings. Access to residential systems for one- and two-family dwellings shall be provided in accordance with Sections 1512.4.2.1 through 1512.4.2.4.
1512.4.2.1 Residential buildings with hip roof layouts. Panels/modules installed on residential buildings with hip roof layouts shall be located in a manner that provides a three-foot-wide (914 mm) clear access pathway from the eave to the ridge on each roof slope where panels/modules are located. The access pathway shall be located at a structurally strong location on the building capable of supporting the live load of firefighters accessing the roof.
Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.
1512.4.2.2 Residential buildings with a single ridge. Panels/modules installed on residential buildings with a single ridge shall be located in a manner that provides two, three-foot-wide (914 mm) access pathways from the eave to the ridge on each roof slope where panels/modules are located.
Exception: This requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.
1512.4.2.3 Residential buildings with roof hips and valleys. Panels/modules installed on residential buildings with roof hips and valleys shall be located no closer than 18 inches (457 mm) to a hip or a valley where panels/modules are to be placed on both sides of a hip or valley. Where panels are to be located on only one side of a hip or valley that is of equal length, the panels shall be permitted to be placed directly adjacent to the hip or valley.
Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.
1512.4.2.4 Residential building smoke ventilation. Panels/modules installed on residential buildings shall be located no higher than three feet (914 mm) below the ridge in order to allow for Fire Department smoke ventilation operations.
1512.4.3 Other than residential buildings. Access to systems for occupancies other than one- and two-family dwellings shall be provided in accordance with Sections 1512.4.3.1 through 1512.4.3.3.
Exception: Where it is determined by the Building Official that the roof configuration is similar to that of a one- or two-family dwelling, the residential access and ventilation requirements in Sections 1512.4.2.1 through 1512.4.2.4 shall be permitted to be used.
	1512.4.3.1 Access. There shall be a minimum six-foot-wide (1,829 mm) clear perimeter around the edges of the roof.
	Exception: Where either axis of the building is 250 feet (76,200 mm) or less, there shall be a minimum four-foot-wide (1,290 mm) clear perimeter around the edges of the roof.
	1512.4.3.2 Pathways. The solar installation shall be designed to provide designated pathways. The pathways shall meet the following requirements.
		1.	The pathway shall be over areas capable of supporting the live load of firefighters accessing the roof.
		2.	The center line axis pathways shall be provided in both axes of the roof. Center line axis pathways shall run where the roof structure is capable of supporting the live load of fire fighters accessing the roof.
		3.	Shall be a straight line not less than four feet (1,290 mm) clear to skylights or ventilation hatches.
		4.	Shall be a straight line not less than four feet (1,290 mm) clear to roof standpipes.
		5.	Shall provide not less than four feet (1,290 mm) clear around roof access hatch with at least one not less than four feet (1,290 mm) clear pathway to parapet or roof edge.
	1512.4.3.3 Smoke ventilation. The solar installation shall be designed to meet the following requirements:
		1.	Arrays shall be no greater than 150 feet (45,720 mm) by 150 feet (45,720 mm) in distance in either axis in order to create opportunities for Fire Department smoke ventilation operations.
		2.	Smoke ventilation options between array sections shall be one of the following:
			2.1.	A pathway eight feet (2,438 mm) or greater in width.
			2.2.	A four-foot (1,290 mm) or greater in width pathway and bordering roof skylights or smoke and heat vents.
			2.3.	A four-foot (1,290 mm) or greater in width pathway and bordering four-foot by eight-foot (1,290 mm by 2,438 mm) "venting cutouts" every 20 feet (6,096 mm) on alternating sides of the pathway.
1512.5 Ground-mounted photovoltaic arrays. Ground-mounted photovoltaic arrays shall comply with Sections 1512.1 through 1512.3 and this section. Setback requirements shall not apply to ground-mounted, free-standing photovoltaic arrays. A clear, brush-free area of 10 feet (3,048 mm) shall be required for ground-mounted photovoltaic arrays.

H. Chapter 16, Structural Design, is amended as follows:

(1) Section 1607, Live Loads, is amended as follows:

(a) Table 1607.1, Number 26, is amended as follows:

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Table 1607.1
Minimum Uniformly Distributed Live Loads and Minimum Concentrated Live Loadsg
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Occupancy or Use				Uniform (psf)	Concent Rated (pounds)
26.	Roofs
	All roof surfaces subject to maintenance workers				300
	Awnings and canopies:
		Fabric construction supported by a skeleton structure		5 Nonreducible
			All other construction, except one- and two-family dwellings	30
	Ordinary flat, pitched, and curved roofs (that are not occupiable)			30 Nonreducible
		Primary roof members exposed to a work floor
			Single panel point of lower chord of roof trusses or any point along primary structural members supporting roofs over manufacturing, storage warehouses, and repair garages		2,000
		All other primary roof members			300
	Occupiable roofs:
		Roof gardens		100
		Assembly areas		100m
		All other similar areas		Note 1	Note 1
***

(b) Section 1607.2 is amended by adding the following exception:

1607.2 Loads not specified. Where not otherwise specified, a minimum roof live load of 30 psf shall be applied to roof structures; with no reductions permitted.

(2) Section 1608, Snow Loads, is amended as follows:

(a) Section 1608.2 is amended to read as follows:

1608.2 Ground snow loads. The ground snow load to be used in determining the design snow load for roofs shall be 40 psf.

I. Chapter 18, Soils and Foundations, is amended as follows:

(1) Section 1809, Shallow Foundations, is amended as follows:

(a) Section 1809.5 is amended to read as follows:

1809.5 Frost protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:

1.	Extending below the frost line of the locality; or
2.	Erecting on solid rock.

Exception: Free-standing buildings meeting all of the following conditions shall not be required to be protected:
1.	Assigned to Risk Category I, in accordance with Section 1604.5;
2.	Area of 400 square feet or less; and
3.	Eave height of 10 feet (3,048 mm) or less.

Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character.

(b) Table 1809.7 is amended by adding Footnote h. and shall read as follows:

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h. All structures requiring continuous footings shall be reinforced with a minimum two #4 reinforcing bars or as specified by a design professional.

J. Chapter 23, Wood, is amended as follows:

(1) Table 2304.10.1, Number 6, is amended and shall read as follows:

Table 2304.10.1
Fastening SCHEDULE
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Description of Building Elements		Number and Type of Fastener	Spacing and Location
Roof
***		***	***
6. Rafter to plate (pre-engineered trusses and rafters) (See Section 2308.7.5, Table 2308.7.5)		Trusses and rafters shall be connected to the wall top plate with an approved hurricane tie as required to resist up-lift and lateral loads	—
***		***	***

(2) Section 2308, Conventional Light-Frame Construction, is amended as follows:

(a) Section 2308.3.1 is amended to read as follows:

2308.3.1 Foundation plates or sills. Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1. Foundation plates or sills shall be bolted or anchored to the foundation with not less than 1/2-inch-diameter (12.7 mm) steel bolts or approved anchors spaced to provide equivalent anchorage as the steel bolts. Bolts shall be embedded at least seven inches (178 mm) into concrete or masonry. Bolts shall be spaced not more than four feet (1,219 mm) on center and there shall be not less than two bolts or anchor straps per piece with one bolt or anchor strap located not more than 12 inches (305 mm) or less than four inches (102 mm) from each end of each piece. A properly sized nut and washer shall be tightened on each bolt to the plate.

K. Chapter 24, Glass and Glazing, is amended as follows:

(1) Section 2406, Safety Glazing, is amended as follows:

(a) Section 2406.1 is amended by adding Section 2406.1.5:

2406.1 Human impact loads.

2406.1.5 Code conflict. 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 conflict between this chapter and the Annotated Code of Maryland, the requirements of the Annotated Code of Maryland shall prevail.

L. Chapter 27, Electrical, is hereby deleted in its entirety. [Note: For the applicable electrical requirements, refer to the NFPA 70: National Electrical Code, 2014 Edition, with local amendments as from time to time adopted.]

M. Chapter 30, Elevators and Conveying Systems, is amended as follows:

(1) Section 3001, General, is amended as follows:

(a) Section 3001.1 is amended to read as follows:

3001.1 Scope. This chapter governs the design, construction, installation, alteration and repair of elevators and conveying systems and their components. The provisions of this chapter relate to elevators and conveying systems and are in addition to and not instead of the requirements set forth in Md. Code, Public Safety Article, Title 12, Subtitle 8. In the event of a conflict between this code and Md. Code, Public Safety Article, Title 12, Subtitle 8, the provisions of Md. Code, Public Safety Article, Title 12, Subtitle 8, shall prevail.

N. Chapter 31, Special Construction, is amended as follows:

(1) Section 3109, Swimming Pool Enclosures and Safety Devices, is amended as follows:

(a) Section 3109.1 is amended to read as follows:

Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the appropriate Town department.

3109.1 General. Swimming pools shall comply with the requirements of Sections 3109.02 through 3109.5 and other applicable sections of this code.

(b) Section 3109.2 is amended to read as follows:

3109.2 Definition. The following term is defined in Chapter 2:

SWIMMING POOLS

(c) Section 3109.3 is amended to read as follows:

3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence not less than six feet in height or a screen enclosure. Openings in the fence shall not permit the passage of a four-inch diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates.

(d) Section 3109.4 is amended to read as follows:

3109.4 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3111.4.1 through 3111.4.3.

Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346 need not comply with this section.

3109.4.1 Barrier height and clearances. The top of the barrier shall be not less than 48 inches (1,219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than two inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than four inches (102 mm).

3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere.

3109.4.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

3109.4.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width.

3109.4.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall be not greater than four inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width.

3109.4.1.5 Chain-link dimensions. Mesh size for chain-link fences shall be not greater than a 2 1/4 inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the opening to not more than 1 3/4 inches (44 mm).

3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1 3/4 inches (44 mm).

3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of Section 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate three inches (76 mm) or more below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.

3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:
1.	Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1,372 mm) or more above the threshold of the door. In dwellings required to be accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1,372 mm) and not less than 48 inches (1,219 mm) above the threshold of the door.
2.	The pool shall be equipped with a power safety cover that complies with ASTM F1346.
3.	Other means of protection, such as self-closing doors with self-latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above.
3109.4.1.9 Pool structure as barrier. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked, or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.4.1.1 through 3111.4.1.8. Where the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a four-inch-diameter (102 mm) sphere.
3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8.
3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment, or similar objects from being used to climb the barriers.

(e) Section 3109.5 is amended to read as follows:

3109.5 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.

O. Appendixes.

(1) The following appendixes are adopted in their entirety: Appendixes B, C and H.

(2) The following appendixes are deleted in their entirety: Appendixes A, D, E, F, G, I, J, K, L and M.

§ 146-1.1 Residential Code.

[Added 10-4-2016 by Ord. No. 2016-04]

The International Residential Code, 2015 Edition, as adopted by the State of Maryland in the Maryland Building Performance Standards (COMAR 05.02.07) is hereby amended with the following insertions, amendments and additions:

Section R101.1	Amended
Sections R101.1.1 through R101.1.9	Added
Section R103.1	Amended
Section R104.10.1	Deleted
Section R105.2	Amended
Section R105.3.1.1	Deleted
Section R105.5	Amended
Section R105.7	Amended
Section R105.10	Added
Section R108.6	Amended
Section R113.4	Amended
Section R113.5	Added
Sections R115.1 through R115.4	Added
Section 202	Amended
Table R301.2(1)	Amended
Section R302.1.1	Added
Section R321.3	Amended
Section R324.7	Added
Sections R326	Deleted
Section R327	Added
Section R328	Added
Section R329	Added
Section R330	Added
Section R331	Added
Section R332	Added
Section R403.1	Amended
Section R403.1.4.1	Amended
Section 403.1.6	Amended
Section R403.3	Deleted
Section R403.3.1	Deleted
Section R403.3.1.1	Deleted
Figure R403.3(1)	Deleted
Table R403.3(1)	Deleted
Figure R403.3(2)	Deleted
Table R403.3(2)	Deleted
Figure R403.3(3)	Deleted
Section R403.3.1.2	Deleted
Figure R403.3(4)	Deleted
Section R403.3.2	Deleted
Section R403.3.3	Deleted
Section R403.3.4	Deleted
Section R404.3	Amended
Section R404.4	Amended
Section R407.3	Amended
Section R408.6	Amended
Section R502.6	Amended
Section R507.1	Amended
Table R602.3(1)	Amended
Figure R602.3(2)	Amended
Section M1305.1.3	Amended
Section M1502.4.2	Amended
Chapter 25	Deleted
Chapter 26	Deleted
Chapter 27	Deleted
Chapter 28	Deleted
Section P2901	Deleted
Section P2902	Deleted
Section P2903	Deleted
Section P2904.2.3	Amended
Section P2904.2.3.1	Added
Section P2905	Deleted
Section P2906	Deleted
Section P2907	Deleted
Section P2908	Deleted
Chapter 30	Deleted
Chapter 31	Deleted
Chapter 32	Deleted
Chapter 33	Deleted
Part VIII-Electrical	Deleted
Part VIII-Note	Added
Appendixes A, B, C, D, E, F, G, H, N, O, R and S	Adopted
Appendixes I, J, K, L, M, P, Q, T and U	Deleted
Appendix V	Added

A. Part I, Administration, Chapter 1, Administration, is amended as follows:

(1) Section R101, Title Scope and Purpose, is amended as follows:

(a) Section R101.1 is amended and shall read as follows:

R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the Town of Smithsburg, Maryland, and shall be cited as such and will be referred to herein as "this code."

(b) Section R101.1.8 is added to read as follows:

R101.1.8 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2015 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments as adopted in this chapter.

(2) Section R103, Department of Building Safety, is amended as follows:

(a) Section R103.1 is amended to read as follows:

R103.1 Creation of enforcement agency. The Building Inspector or their designees shall be known as the Building Official and are hereby authorized and directed to administer and enforce all provisions of this code. The Building Official or their designees shall be referred to singularly or collectively as the Building Official.

(3) The following sections relating to flood hazard areas are hereby deleted in their entirety:

R104.10.1 Areas prone to flooding.

R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas.

[Note: For the applicable requirements concerning flood hazard areas, refer to the Washington County Floodplain Management Ordinance adopted by the Board of County Commissioners of Washington County Maryland on May 27, 1992, revised on October 19, 2004, effective November 1, 2004, as may be amended or restated from time to time.]

(4) Section R105, permits, is amended as follows:

(a) Section R105.2 is amended to read as follows:

R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

***
Building:
***
3.	Retaining walls that retain less than 36 inches of unbalanced backfill unless supporting a surcharge.
***
10.	Deleted in its entirety.
Electrical:
***
4.	Deleted in its entirety.

(b) Section R105.5 is amended to read as follows:

R105.5 Expiration. Every permit issued shall become invalid if the work authorized by such permit is not commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced, or if no inspections have been performed by the Building Official for a period of 180 days. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(c) Section R105.7 is amended to read as follows:

R105.7 Placement of permit. The permit holder or his agent shall post the inspection record on the job site in an accessible and conspicuous place to allow the Building Official to make the required entries. The record shall be maintained by the permit holder until the final inspection has been made and approved.

(d) Section R105.10 is added to read as follows:

R105.10 Withholding of permits. Whenever the Building Official shall find that any person, agent, firm or corporation, whether as owner, lessee or occupant, is in violation of the provisions of this code or of the rules and regulations of any other department or agency of Washington County in connection with the erection, maintenance, use or repair of buildings, structures, lands, or equipment thereon or therein, he may refuse to grant any further permits or inspections until all violations have been corrected and approved.

(5) Section R108 Fees, is amended as follows:

(a) Section R108.6 is amended to read as follows:

R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to 100% of the usual permit fee in addition to the required permit fees.

(6) Section R113, Violations, is amended as follows:

(a) Section R113.4 is amended to read as follows:

R113.4 Criminal penalties. Any person, firm, corporation or entity that violates any of the provisions of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor punishable by a fine of not less than $250 or more than $1,000, or by imprisonment not exceeding one year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(b) Section R113.5 is added to read as follows:

R113.5 Civil penalties. Any person, firm, corporation or entity that violates any of the provisions of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Maryland Code, Local Government Article, § 6-102 et seq. The fine for a civil offense shall be established by resolution by the Mayor and Council of the Town of Smithsburg, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(7) Section R115, Unsafe Structures and Equipment, is added and shall read as follows:

R115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

R115.2 Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the order. The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

R115.3 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 the 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.

R115.4 Restoration. The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to a safe condition. To the extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and the International Existing Building Code.

B. Part II, Definitions, is amended as follows:

(1) Section R202, Definitions, is amended as follows:

(a) The following definition is amended and shall read as follows:

BASEMENT. That portion of a building that is partly or completely below grade with a ceiling height greater than or equal to six feet eight inches (see STORY ABOVE GRADE PLANE).

(b) The following definition is added and shall read as follows:

SEMI-DETACHED DWELLING UNIT. Two single-family dwelling units separated by a property line with open space on three sides and shall be regulated the same as a townhouse.

(c) The following definition is amended and shall read as follows:

TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides and is separated by a property line.

C. Part III, Building Planning and Construction, Chapter 3, Building Planning, is amended as follows:

(1) Section R301, Design Criteria is amended as follows:

(a) Table R301.2(1) is amended and Footnote I. is added and shall read as follows:

Table R301.2(1)
Climatic and Geographic Design Criteria
	Wind Design					Subject to Damage From
Ground Snow Load	Speed* (mph)	Topographic effects	Special wind region'	Windborne debris zone	Seismic Design Category*	Weathering'	Frost Une Depth'	Termite	Winter Design Temp	Ice Barrier Underlayment Required'	Flood Hazards'	Air Freezing Index	Mean Annual Temp'
30 psf	116	No	No	No	A	Severe	30"	Moderate to Heavy	12F	Yes	1988	722	53.5° F.
***
I. Or most recent adopted FEMA flood hazard map.

(2) Section R302, Fire-Resistant Construction, is amended as follows:

(a) Section R302.1.1 is added and shall read as follows:

R302.1.1 Balconies and decks on townhouses and semi-detached dwellings. All portions of balconies and decks on townhouses or semi-detached dwellings constructed with combustible materials or fire-retardant treated wood shall not be closer than 24 inches (609.6 mm) from any property line.

(3) Section R321, Elevators and Platform Lifts, is amended as follows:

(a) Section R321.3 is amended to read as follows:

R321.3 Accessibility. Elevators or platform lifts that are part of an accessible route shall comply with the Maryland Accessibility Code (COMAR 05.02.02).[1]

[1] Editor's Note: See now COMAR 09.12.53.02.

(4) Section R324, Solar Energy Systems, is amended as follows:

(a) Section R324.7 is added and shall read as follows:

R324.7 Access and pathways. Roof access, pathways and spacing requirements shall be provided in accordance with Sections R324.7.1 through R324.7.2.5.

Exceptions:
1.	Detached garages and accessory structures to one- and two-family dwellings and townhouses, such as parking shade structures, carports, solar trellises, and similar structures.
2.	Roof access, pathways, and spacing requirements need not be provided where an alternative ventilation method approved by the code official has been provided or where the code official has determined that vertical techniques will not be employed.
R324.7.1 Roof access points. Roof access points shall be located in areas that do not require the placement of ground ladders over openings such as windows or doors, and located at strong points of building construction in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.
R324.7.2 Solar photovoltaic systems. Solar photovoltaic systems shall comply with Sections R324.7.2.1 through R324.7.2.5.
R324.7.2.1 Size of solar photovoltaic array. Each photovoltaic array shall be limited to 150 feet by 150 feet (45,720 by 45,720 mm). Multiple arrays shall be separated by a clear access pathway not less than three feet (914 mm) in width.
R324.7.2.2 Hip roof layouts. Panels and modules installed on dwellings with hip roof layouts shall be located in a manner that provides a clear access pathway not less than three feet (914 mm) in width from the eave to the ridge on each roof slope where panels and modules are located. The access pathway shall be located at a structurally strong location on the building capable of supporting the live load of firefighters accessing the roof.
Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (16.6%) and less.
R324.7.2.3 Single-ridge roofs. Panels and modules installed on dwellings with a single ridge shall be located in a manner that provides two, three-foot-wide (914 mm) access pathways from the eave to the ridge on each roof slope where panels or modules are located.
Exception: This requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (16.6%) and less.
R324.7.2.4 Roofs with hips and valleys. Panels and modules installed on dwellings with roof hips or valleys shall not be less than 18 inches (457 mm) from a hip or valley where panels or modules are to be placed on both sides of a hip or valley. Where panels are to be located on one side only of a hip or valley that is of equal length, the eighteen-inch (457 mm) clearance does not apply.
Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (16.6%) and less.
R324.7.2.5 Allowance for smoke ventilation operations. Panels and modules installed on dwellings shall not be located less than three feet (914 mm) below the roof ridge to allow for Fire Department smoke ventilation operations.
Exception: Where an alternative ventilation method approved by the code official has been provided or where the code official has determined that vertical ventilation techniques will not be employed, clearance from the roof ridge is not required.

(5) Section R326, Swimming Pools, Spas and Hot Tubs, is hereby deleted in its entirety.

(6) Section R327, Site Safety, is added and shall read as follows:

R327.1 Scope. The provisions of this chapter shall govern safety during construction and the protection of adjacent public and private properties.

R327.1.1 Storage and placement. Construction equipment and materials shall not be stored on roadways or in rights-of-way or placed so as to endanger the public, workers, or adjoining property for the duration of the construction project.

(7) Section R328, Construction Safeguards, is added and shall read as follows:

R328.1 Remodeling and additions. Required exits, existing structural elements, fire protection devices, and sanitary safeguards shall be maintained at all times during remodeling, alterations, repairs, or additions to any building or structure.
	Exceptions:
	1.	When such required elements or devices are being remodeled, altered, or repaired, adequate substitute provisions shall be made.
	2.	When the existing building is not occupied.
R328.2 Manner of removal. Waste materials shall be removed in a manner which prevents injury or damage to persons, adjoining properties, and public rights-of-way.
R328.3 Abandoned sites. Excavated sites that have been abandoned shall be protected with a forty-eight-inch-high construction fence or the excavated area shall be filled and maintained to the existing grade.

(8) Section R329, Demolition, is added and shall read as follows:

R329.1 Construction documents. Construction documents and a schedule for demolition must be submitted when required by the Building Official. Where such information is required, no work shall be done until such construction documents or schedule, or both, are approved.

R329.2 Vacant lot. Where a structure has been demolished or removed, the site shall be filled and maintained to the existing grade or in accordance with the ordinances of the jurisdiction having authority.

R329.3 Water accumulation. Provision shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.

R329.4 Utility connections. Service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the authority having jurisdiction.

(9) Section R330, Site Work, is added and shall read as follows:

R330.1 Excavation and fill. Excavation and fill for buildings and structures shall be constructed or protected so as not to endanger life or property. Stumps and roots shall be removed from the soil to a depth of at least 12 inches (305 mm) below the surface of the ground in the area to be occupied by the building. Wood forms which have been used in placing concrete, if within the ground or between foundation sills and the ground, shall be removed before a building is occupied or used for any purpose. Before completion, loose or casual wood shall be removed from direct contact with the ground under the building.

R330.2 Roads, streets, alleys and entrances. Roads, streets, alleys, and entrances shall be kept clean and free of all debris.

R330.3 Surcharge. No fill or other surcharge loads shall be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additional loads caused by the fill or surcharge. Existing footings or foundations which can be affected by any excavation shall be underpinned adequately or otherwise protected against settlement and shall be protected against later movement.

R330.4 Fill supporting foundations. Fill to be used to support the foundations of any building or structure shall comply with Section R404.1.7.

(10) Section R331, Protection of Adjoining Property Site Safety, is added and shall read as follows:

R331.1 Protection required. Adjoining public and private property shall be protected from damage during construction, remodeling, and demolition work. Protection must be provided for footings, foundations, party walls, chimneys, skylights, and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition activities.

(11) Section R332, Temporary Use of Streets, Alleys and Public Property, is added and shall read as follows:

R332.1 Storage and handling of materials. The temporary use of streets or public property for the storage or handling of materials or of equipment required for construction or demolition, and the protection provided to the public, shall comply with the provisions of the authority having jurisdiction and this chapter.

R332.2 Obstructions. Construction materials and equipment shall not be placed or stored so as to obstruct access to fire hydrants, standpipes, fire or police alarm boxes, catch basins or manholes, nor shall such material or equipment be located within 20 feet (6,096 mm) of a street intersection, or placed so as to obstruct normal observations of traffic signals or to hinder the use of public transit loading platforms.

R332.3 Utility fixtures. Building materials, fences, sheds, or any obstruction of any kind shall not be placed so as to obstruct free approach to any fire hydrant, Fire Department connection, utility pole, manhole, fire alarm box, or catch basin, or so as to interfere with the passage of water in the gutter. Protection against damage shall be provided to such utility fixtures during the progress of the work, but sight of them shall not be obstructed.

D. Part III, Building Planning and Construction, Chapter 4, Foundations, is amended as follows:

(1) Section R403, Footings, is amended as follows:

(a) Section R403.1, General, is amended and shall read as follows:

R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, crushed stone footings, wood foundations, or other approved structural systems which shall be of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined from the character of the soil. Footings shall be supported on undisturbed natural soils or engineered fill. Concrete footing shall be designed and constructed in accordance with the provisions of Section R403 or in accordance with ACI 332. All structures requiring continuous footings shall be reinforced with a minimum of two #4 reinforcing bars or as specified by a design professional.

Exception: Footings are not required to be stepped or continuous where changes of footing elevations exceed four feet. Such footings can be connected by masonry lintels with a minimum 18 inches of bearing on steel reinforced footings.

(b) Section R403.1.4.1, Frost protection, is amended and shall read as follows:

R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers, and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:
	1.	Extended below the frost line specified in Table R301.2.(1); or
	2.	Erected on solid rock.
	Exception:
	1.	Protection of freestanding accessory structures with an area of 400 square feet or less with an eave height of 10 feet or less shall not be required.

(c) Section R403.1.6, Foundation anchorage, is amended and shall read as follows:

R403.1.6 Foundation anchorage. Wood sill plates and wood walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.

Cold-formed steel framing shall be anchored directly to the foundation or fastened to wood sill plates anchored to the foundation. Anchorage of cold-formed steel framing and sill plates supporting cold-formed steel framing shall be in accordance with this section and Section R505.3.1 or R603.3.1.

Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum 1/2-inch-diameter (12.7 mm) anchor bolts spaced a maximum of four feet on center or approved anchors or anchor straps spaced as required to provide equivalent anchorage to 1/2-inch-diameter (12.7 mm) anchor bolts. Bolts shall extend a minimum of seven inches (178 mm) into concrete or grouted cells of concrete masonry units. The bolt shall be located in the middle third of the width of the plate. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318.

Exceptions:
1. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in Item 9 of Table R602.3(l).

(d) The following sections, figures and tables are deleted in their entirety:

Section R403.3 Frost-protected shallow foundations.

Section R403.3.1 Foundations adjoining frost-protected shallow foundations.

Section R403.3.1.1 Attachment to unheated slab-on-ground structure.

Section R403.3.1.2 Attachment to heated structure.

Section R403.3.2 Protection of horizontal insulation below ground.

Section R403.3.3 Drainage.

Section R403.3.4 Termite damage.

Figure R403.3(1).

Table R403.3(1).

Figure R403.3(2).

Table R403.3(2).

Figure R403.3(3).

Figure R403.3(4).

(2) Section R404, Foundation and Retaining Walls, is amended as follows:

(a) Section R404.3, Wood sill plates, is amended and shall read as follows:

R404.3 Wood sill plates. Wood sill plates shall be a minimum of two-inch by six-inch nominal lumber for basement and crawl spaces with walls with unbalanced fill greater than four feet in height. Other sill plates shall be a minimum of two-inch by four-inch nominal lumber. Sill plate anchorage shall be in accordance with Sections R403.1.6 and R602.11.

(b) Section R404.4, Retaining walls, is amended and shall read as follows:

R404.4 Retaining walls. Retaining walls that are not laterally supported at the top and that retain in excess of 36 inches of unbalanced fill shall be designed to ensure stability against overturning, sliding, excessive foundation pressure, and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning.

(3) Section R407, Columns, is amended and shall read as follows:

R407.3 Structural requirements. The columns shall be restrained to prevent lateral displacement at the bottom end. Wood columns shall not be less in nominal size than four inches by four inches (102 mm by 102 mm). Steel columns shall not be less than three-inch-diameter (76 mm) Schedule 40 pipe manufactured in accordance with ASTM A 53 Grade B or as required by design.

Exception: In Seismic Design Categories A, B, and C, columns no more than 48 inches (1,219 mm) on a pier or footing are exempt from the bottom end lateral displacement requirement within under-floor areas enclosed by a continuous foundation.

(4) Section R408, Under-Floor Space, is amended as follows:

(a) Section R408.6 is amended and shall read as follows:

R408.6 Finished grade. The finished grade of under-floor surface shall not be any lower than the top of the footings; crawlspace piers must be dug in or backfilled to top. However, where there is evidence that the groundwater table can rise to within six inches (152 mm) of the finished floor at the building perimeter, or where there is evidence that the surface water does not readily drain from the building site, the grade in the under-floor space shall be as high as the outside finished grade, unless an approved drainage system is provided.

E. Part III, Building Planning and Construction, Chapter 5, Floors, is amended as follows:

(1) Section R502, Wood Floor Framing, is amended as follows:

(a) Section R502.6 is amended and shall read as follows:

R502.6 Bearing. The ends of each joist, beam, or girder shall have not less than 1 1/2 inches (38 mm) of bearing on wood or metal and not less than three inches (76 mm) on masonry or concrete except where supported on a one-inch by four-inch (25 mm by 102 mm) ribbon strip and nailed to the adjacent stud or by the use of approved joist hangers. The bearing on masonry or concrete shall be direct, or a sill plate of two-inch-minimum (51 mm) nominal thickness shall be provided under the joist, beam, or girder. The sill plate shall provide a minimum nominal bearing area of 48 square inches (30,865 square mm). When steel shims are used, the shim length and width shall provide full bearing area for the beam or girder and shall not exceed 114 inches in height.

(2) Section R507, Decks, is amended as follows:

(a) Section R507.1 is amended and shall read as follows:

R507.1 Decks. Wood-framed decks shall be in accordance with this section or Section R301 for materials and conditions not prescribed herein. Where supported by attachment to an exterior wall, decks shall be positively anchored to the primary structure and designed for both vertical and lateral loads, as applicable.

Such attachment shall not be accomplished by the use of toenails or nails subject to withdrawal. Where positive connection to the primary building structure cannot be verified during inspection, decks shall be self-supporting. For decks with cantilevered framing members, connections to exterior walls or other framing members shall be designed and constructed to resist uplift resulting from the full live load specified in Table R301.5 acting on the cantilevered portion of the deck.

F. Part III, Building Planning and Construction, Chapter 6, Wall Construction, is amended as follows:

(1) Section R602, Wood Wall Framing, is amended as follows:

(a) Table R602.3(1) is amended and shall read as follows:

Table R602.3(1) Fastener Schedule for Structural Members
Item	Description of Building Elements	Number and Type of FastenerA, B, C	Spacing and Location
Roof
***	***	***	***
6	Rafter to plate (pre-engineered trusses and rafters) (see Section 2308.7.5, Table 2308.7.5)	Trusses and rafters shall be connected to the wall top plate with an approved hurricane tie as required to resist up-lift and lateral loads	—
***	***	***	***
***

(b) Figure R602.3(2) is amended and shall read as follows:

G. Part V, Mechanical, Mechanical Administration, is hereby amended as follows:

(1) Section 1305, Appliance Access, is amended as follows:

(a) Section M1305.1.3 is amended and shall read as follows:

M1305.1.3 Appliances in attics. Attics containing appliances shall be provided with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6,096 mm) long measured along the center line of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring in accordance with Chapter 5 not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be not less than 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest appliance. Access shall be by a pull-down or fixed stairway.

Exceptions:
1.	The passageway and level service space are not required where the appliance can be serviced and removed through the required opening.
2.	Where the passageway is unobstructed and not less than six feet (1,829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15,250 mm) long.

(2) Section 1502, Clothes Dryer Exhaust, is amended as follows:

(a) Section M1502.4.2 is amended and shall read as follows:

M1502.4.2 Duct installation. Exhaust ducts shall be supported at intervals not to exceed four-foot intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Ducts shall not be joined with screws or similar fasteners that protrude into the inside of the duct.

H. Part VII, Plumbing, Plumbing Administration, is hereby amended as follows:

(1) Chapters 25 through 28 are hereby deleted in their entirety.

(2) Chapter 29, Sections P2901 through P2903 and are hereby deleted in their entirety.

(3) Section P2904, Dwelling Unit Fire Sprinkler Systems, is amended as follows:

(a) Section P2904.2.3 is amended and shall read as follows:

P2904.2.3. Freezing areas. Piping shall be protected from freezing as required by Section P2904.5. Where sprinklers are required in areas that are subject to freezing, dry-sidewall or dry-pendent sprinklers extending from a nonfreezing area into a freezing area shall be installed.

(b) Section P2904.2.3.1 is added and shall read as follows:

P2904.2.3.1. Freezing. In localities having a winter design temperature of 32° F. (0° C.) or lower as shown in Table R301.2(1) of this code, a water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe shall be installed not less than 12 inches (305 mm) deep and not less than six inches (152 mm) below the frost line.

(4) Sections P2905 through P2908 are hereby deleted in their entirety.

(5) Chapters 30 through 33 are hereby deleted in their entirety. [Note: For the applicable requirements concerning plumbing systems, refer to the International Plumbing Code, 2015 Edition, as may be amended or restated from time to time.]

I. Part VIII, Electrical, Chapters 34 through 43, General Requirements, is hereby deleted in its entirety. [Note: For the applicable electrical requirements, refer to the NFPA 70, National Electrical Code, 2014 Edition, with local amendments as may be amended or restated from time to time, and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, with local amendments.]

J. Part IX, Referenced Standards, is hereby amended as follows:

(1) The following appendixes are adopted in their entirety or as amended: Appendixes A, B, C, D, E, F, G, H, N, O, R and S.

(2) The following appendixes are deleted in their entirety: Appendixes I, J, K, L, M, P, Q, T and U.

(3) Appendix V, Swimming Pools, Spas and Hot Tubs, is added as follows:

(a) Section AV101 is added to read as follows:

AV101.1 General. The provisions of this appendix shall control the design and construction of swimming pools, spas, and hot tubs installed in or on the lot of a one- or two-family dwelling.

(b) Section AV102 Definitions, is added to read as follows:

AV102.1, General. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.

ABOVE-GROUND/ON-GROUND POOL. See "Swimming pool."

BARRIER. A fence, wall, building wall, or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

HOT TUB. See "Swimming pool."

IN-GROUND POOL. See "Swimming pool."

RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling, or a one-family townhouse not more than three stories in height.

SPA, NONPORTABLE. See "Swimming pool."

SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating, and water-circulating equipment are an integral part of the product.

SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water more than 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs, and spas.

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure.

SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool.

(c) Section AV03, Swimming Pools, is added to read as follows:

AV103.1 In-ground pools. In-ground pools shall be designed and constructed in compliance with ANSI/NSPI-5:

AV103.2 Above-ground and on-ground pools. Above-ground and on-ground pools shall be designed and constructed in compliance with ANSI/NSPI-4.

(d) Section AV04, Spas and Hot Tubs, is added to read as follows:

AV104.1 Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in compliance with ANSI/NSPI-3.

AV104.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in compliance with ANSI/NSPI-6.

(e) Section AV105, Barrier Requirements, is added to read as follows:

AV105.1 Application. The provisions of this appendix shall control the design of barriers for residential swimming pools, spas, and hot tubs. These design controls are intended to provide protection against potential drowning and near-drowning by restricting access to swimming pools, spas, and hot tubs.

AV105.2 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-ground, or on-ground pool, hot tub, or spa, shall be surrounded by a barrier which shall comply with the following:
1.	The top of the barrier shall be at least 48 inches (1,219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (102 mm).
2.	Openings in the barrier shall not allow the passage of a four-inch diameter (102 mm) sphere.
3.	Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints.
4.	Where the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
5.	Where the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall not exceed four inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
6.	Maximum mesh size for chain-link fences shall be a 2 1/4-inch (57 mm) square, unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches (44 mm).
7.	Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 3/4 inches (44 mm).
8.	Access gates shall comply with the requirements of Items 1 through 7, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool, and shall be self-closing and have a self-latching device. Gates, other than pedestrian access gates, shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following:
	8.1	The release mechanism shall be located on the pool side of the gate at least three inches (76 mm) below the top of the gate; and
	8.2	The gate and barrier shall have no opening larger than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
9.	Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:
	9.1	The pool shall be equipped with a powered safety cover in compliance with ASTM F1346;
	9.2	Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. The deactivation switch(es) shall be located at least 54 inches (1,372 mm) above the threshold of the door; or
	9.3	Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable as long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described herein.
10.	Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is ladder or steps:
	10.1	The ladder or steps shall be capable of being secured, locked, or removed to prevent access; or
	10.2	The ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 through 9. When the ladder or steps are secured, locked, or removed, any openings created shall not allow the passage of a four-inch-diameter (102 mm) sphere.

AV105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Item 9 of Section AG 105.2.

AV105.4 Prohibited locations. Barriers shall be located to prohibit permanent structures, equipment, or similar objects from being used to climb them.

AV105.5 Barrier exceptions. Spas or hot tubs with a safety cover which comply with ASTM F1346 shall be exempt from the provisions of this appendix.

(f) Section AV106, Entrapment Protection for Swimming Pool and Spa Suction Outlets, is added to read as follows:

AV106.1 General. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.

§ 146-2 CABO One and Two Family Dwelling Code.

The 1986 Edition of the CABO One and Two Family Dwelling Code, as adopted by the Board of County Commissioners of Washington County, Maryland, be and is hereby adopted and enacted. The said 1986 Edition of the CABO One and Two Family Dwelling Code, in its entirety, as adopted by the Board of County Commissioners of Washington County on November 24, 1987, with an effective date of January 1, 1988, is attached hereto and made a part hereof by reference, and a copy with all revisions, amendments, and insertions shall be kept on file with the Town Clerk-Treasurer.

§ 146-3 Handicapped accessibility.

The Maryland Building Code for the Handicapped and the American National Standard ANSI A117.1 1980, as adopted by the Board of County Commissioners of Washington County, Maryland, be and is hereby adopted and enacted. The said Maryland Building Code for the Handicapped and the American National Standard ANSI A117.1 1980, in its entirety, as adopted by the Board of County Commissioners of Washington County, is attached hereto and made a part hereof by reference, and a copy with all revisions, amendments and insertions shall be kept on file with the Town Clerk-Treasurer.

§ 146-4 BOCA Basic Energy Conservation Code.

The 1981 BOCA Basic Energy Conservation Code, as adopted by the Board of County Commissioners for Washington County, Maryland, be and is hereby adopted and enacted. The said 1981 BOCA Basic Energy Conservation Code, in its entirety, as adopted by the Board of County Commissioners of Washington County, is attached hereto and made a part hereof by reference, and a copy with all revisions, amendments, and insertions shall be kept on file with the Town Clerk-Treasurer.

§ 146-5 Appeals.

Any appeals under this chapter, unless otherwise specifically set forth, shall be taken to the Mayor and Council of the Town of Smithsburg within 30 days of the Building Official's decision. If a person is aggrieved by the decision of the Mayor and Council, he shall have the right to appeal the decision of the Mayor and Council to the Circuit Court for Washington County, Maryland, in accordance with the Maryland Rules of Procedure, Chapter 1100, Subtitle B, as may from time to time be amended.

§ 146-6 Building Official.

Any person designated throughout this chapter as the Building Official(s), Inspector, Building Inspector, Code Official and/or Code Enforcement Official, or other equivalent position, shall be any person or persons whom the Mayor and Council shall designate from time to time.

§ 146-7 Conflicting provisions.

If this chapter, as adopted by the Town of Smithsburg, conflicts in any way with those sections of the Washington County Building Code adopted by reference herein, this chapter shall take precedence and shall control.