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.