Town of Federalsburg, MD One- and Two-Family Dwelling Code

The 2021 Edition of the International Residential Code for One- and Two- Family Dwellings, as published by the International Code Council, Inc., as amended by the State of Maryland as the Maryland Building Performance Standards (set forth in COMAR 05.02.07), is hereby adopted as the Town of Federalsburg Residential Code for One- and Two-Family Dwellings (sometimes referred to as the "Residential Code"). The Residential Code shall regulate the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (town houses) no more than three stories in height with separate means of egress in the Town of Federalsburg. All of the regulations, provisions, terms, and conditions of the Residential Code are hereby adopted and made a part hereof as if fully set forth in this article, with the amendments, deletions, and insertions as set forth in COMAR 05.02.07 and as further set forth in § 27-2 herein.

The following sections of the 2021 Edition of the International Residential Code for One- and Two- Family Dwellings are modified, deleted, substituted, or added as follows:

A.

CHAPTER 1. SCOPE AND ADMINISTRATION.

(1)

Section R101. General.

(a)

Section R101.1 Title. These regulations shall be known as the "Town of Federalsburg Residential Building Code for One- and Two-Family Dwellings." Where the name of the jurisdiction is to be indicated in any section of this Code, it shall be considered the "Town of Federalsburg."

(2)

Section R102. Applicability.

(a)

Section R102.5 Appendices. All the provisions in the Appendices are adopted as part of the IRC except those in Appendices E, J and L.

(3)

Section R112. Board of Appeals.

(a)

Section R112.1 General. Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Federalsburg Board of Appeals, provided that a written application for appeal is filed within 30 days after the day the decision, notice, or order was served. An 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, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

(b)

Section R112.2 Board of Appeals. For the purposes of this code, the board of appeals shall be the Board of Appeals established in the Town of Federalsburg Zoning Ordinance. All provisions governing the Board of Appeals with respect to members, provisions for alternates, quorum, procedure, chairman, term of office, etc., shall be applicable to appeals from this code. Review of the decision of the Board of Appeals shall also be in accordance with the Federalsburg Zoning Ordinance, and the Maryland Rules of Procedure applicable to review of administrative agency decisions.

(c)

Section R.112.3 Qualifications. Deleted.

(4)

Section R113. Violations.

(a)

Section 113. Delete this section in its entirety and substitute the following:

[1]

Section R113.1 Unlawful acts. It shall be a municipal infraction for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of any of the provisions of this code.

[2]

Section R113.2 Notice of violation. The building official or other authorized designee of the Town of Federalsburg is authorized to serve a notice of violation or other order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or a structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

[3]

Section R113.3 Prosecution of violation. If the notice is not complied with in the time prescribed by such notice, the building official or other authorized designee of the Town of Federalsburg is authorized to issue a civil municipal citation and to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. The Town Attorney is authorized to prosecute or file a civil action in connection with a violation of any provision of this code.

[4]

Section R113.4 Violation penalties. Violation of this code shall be a municipal infraction subject to a fine of $500. Each day that a violation continues after due notice has been served shall be deemed a separate offense. In addition to said fine, the Town may request during the adjudication of the infraction that the defendant abate the violation, or in the alternative to permit the Town to abate the violation at the defendant's expense. Enforcement of this section shall be in accordance with Md. Code Annotated Local Government Article § 6-102, et. seq., as amended from time to time. This provision is not an exclusive remedy, and the Town may seek injunctive or other relief as necessary.

[5]

Section R113.5 Unpaid expenses as a lien against real estate. Whenever pursuant to this code, a building official directs a property owner to take an action to abate a violation of this code and the property owner fails to do so in the time frame set forth in the notice or pursuant to an order of the court, the building official may cause such action to be performed and the costs thereof shall be a lien against the real estate and shall be collectible in the same manner in which real estate taxes are collected, or the Town may collect it by such other action at law, in the Town's discretion.

B.

CHAPTER 3. BUILDING PLANNING.

(1)

Section R301. Design Criteria.

(a)

Section R301.2 Climatic and geographic design criteria. Table R301.2(1) is amended as follows:

Ground Snow Load	25 PSF
Roof Snow Load	20 PSF
Wind Speed (c)	90/100 MPH
Seismic Design Category(d)	0
Weathering (a)	Severe
Front Line Depth(b)	24 inches
Termite	Moderate
Decay	Slight to moderate
Winter Design Temperature	75°
Flood Hazards	The Flood Insurance Study for Caroline County, Maryland And Incorporated Areas dated January 16, 2015, as amended or revised, with the accompanying Flood Insurance Map (FIRM) and Flood Boundary and Floodway Map (FBFM)

[1]

Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, The grade of masonry units shall be determined from this code. The grade of masonry units shall be determined from ASTM C 34, C55, C62, C73, C90, C129, C145, C216 or C652.

[2]

The frost line depth may require deeper footings than indicated in Figure R403.1(1).

[3]

Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

C.

CHAPTER 12. MECHANICAL ADMINISTRATION.

(1)

Section M.1201.1 Scope. The subject matter of Chapters 12 through 24 is not within the scope of the Maryland Building Performance Standards and is hereby omitted from this code. For the applicable requirements concerning the mechanical systems, refer to the mechanical code adopted pursuant to the provisions of Business Regulation Article, § 9A-205, Annotated Code of Maryland.

D.

CHAPTER 25. PLUMBING ADMINISTRATION.

(1)

Section P.2501.1 Scope. The subject matter of Chapters 25 through 33 is not within the scope of the Maryland Building Performance Standards and is hereby omitted from this code. For the applicable requirements concerning the plumbing systems, refer to the plumbing code adopted pursuant to the provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland.

E.

CHAPTER 34. ELECTRICAL: GENERAL REQUIREMENTS.

(1)

Section E3401.2 Scope. The subject matter of Chapters 34 through 43 is not within the scope of the Maryland Building Performance Standards and is hereby omitted from this code. 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 Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland.

All prior residential code ordinances or parts of residential code ordinances in conflict herewith are hereby repealed, except that in any case in which the Federalsburg Zoning Ordinance and this article conflict, the Federalsburg Zoning Ordinance shall control.

The Clerk-Treasurer of the Mayor and Council of Federalsburg shall maintain two copies of the Town Residential Code on file in the Town Office.

If any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Mayor and Council of Federalsburg hereby declare that they would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.