City of Havre de Grace, MD Building Code

The International Building Code 2021 shall be adopted with the following amendments:

The name of the jurisdiction in the second line of Section 101.1 on page 1 of the International Building Code 2021 shall be "The Mayor and City Council of Havre de Grace referenced herein as the City of Havre de Grace."

Section 101.4.1, replace reference to the "International Fuel Gas Code" with the "Harford County Plumbing Code."

Section 101.4.3, first sentence shall read as follows: "The provisions of the Harford County, Maryland Plumbing Code shall apply to the installation, alterations, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system."

Section 101.4.5 shall read as follows: "The provisions of the State of Maryland Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation."

Add a new Section 101.4.8, Electrical. "The provisions of the Harford County, Maryland Electrical Code, Chapter 105 of the Harford County Code, shall apply to the installation, alterations, repairs and replacement of electrical systems."

Section 102.6: Reference to the "International Fire Code" shall be changed to the "State of Maryland Fire Prevention Code" and NFPA 101 and NFPA 1, and reference to the International Property Maintenance Code shall be as amended by this Code.

Section 103 shall be entitled "Division of Inspection Services"; and Section 103.1 shall read as follows: "Creation of Enforcement Agency. The Director of the Department of Planning or the Director's designee is hereby designated as the Building Official or Code Official and shall be in charge of all matters related to building and property inspections."

Add a new Section 104.12, Restriction of Employees: "An official or employee connected with the Department of Planning shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Department."

Section 105.1, required. Add to the end of the section the following: "A commercial use and occupancy permit will be required for any change in ownership and/or tenancy." A use and occupancy permit for residential rental property (short-term or long-term) will be required prior to the start of a new tenancy after a change in ownership for any property issued a permit after the effective date of this chapter.

Section 105.1.1, Annual Permit, shall be deleted.

Section 105.1.2, Annual Permit Records, shall be deleted.

Section 105.2, Work Exempt from Permit, shall be deleted.

Section 105.2.2 is deleted and replaced with the following: "Repairs. Application or notice to the Building Official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements, or other work affecting public health or general safety."

Section 105.3, Application of Permit, is amended by adding "or electronically" after the word "writing" in the second line.

Add a new Section 105.3.3, Abatement of Uncompleted Structures. In the event that the responsible party fails to complete construction of a structure after 180 days of abandonment, or revocation of the building permit, and in the event that the responsible party fails to comply with the lawful order of the Director or the Director's designee to make safe by the completion of the construction or to demolish an unsafe and uncompleted structure, the Director or the Director's designee shall cause emergency work to be completed as required, to abate the unsafe conditions by appropriate means, including the demolition and removal of dangerous structures, using such public or private resources required and available.

Add a new Section 105.3.4, Abatement of Unsafe Conditions. When, in the opinion of the Director or the Director's designee, there is an imminent danger to human life or the public welfare due to an unsafe condition, the Director or the Director's designee shall cause the necessary work to be done to eliminate the condition including, but not limited to, the demolition of the structure or structures. The Director or the Director's designee shall cause to be published, for three consecutive days, in a county newspaper of record, notice setting forth the address of the building; a description of the real estate sufficient for its identification; a statement that the property is unsafe and constitutes an immediate and continuing hazard to the community; and a statement that the City intends to demolish same if the owner fails to do so. A person objecting to the proposed actions of the City may file an objection in an appropriate form in a court of competent jurisdiction. If the building is not demolished within 30 days of mailing notice to the owners of record, or within 30 days of the last day of publication of the notice in a County newspaper of record, whichever is later, the Director or the Director's designee shall have the power to demolish the structure or structures.

Add a new Section 105.3.5, Creation of a Tax Lien. There is created a tax lien on real property for monies expended by the City for the making safe of buildings or structures and/or abatement of other unsafe nuisances or conditions constituting a danger to the public health and safety. The amount of such lien shall be collected by the Director of Finance in the same manner as other City real estate taxes.

Section 105.5, Expiration, shall read as follows: "A permit shall be deemed to be expired if the work on the site authorized by said permit is not commenced within 180 days after its issuance. The Building Official may grant one extension for a period of 90 days to commence work on the site if requested in writing and showing justifiable cause prior to permit expiration.

Add a new Section 105.5.1, Void: "Any permit which has been applied for and not issued within 180 days of application, and which no work has begun shall be deemed void. No refunds will be issued on any permits, unless the permit has been cancelled in writing by the applicant within 30 days of date of original application, less a $100 administrative fee, or permit fee, whichever is less. In no case will water and sewer cost recovery fees be refunded or transferred."

Add a new Section 105.5.2, Incomplete: If the work authorized on the site by such permit has commenced, but is suspended or abandoned for a period of 180 consecutive days after the work is commenced, and the structure is left in an unsafe condition, see Sections 105.3.3 and 105.3.4 above. If all building and trades inspections have not received final approval, the City may attach the permit record to tax records as a lien on the property until all required inspections have been approved and the permit file is closed.

Section 105.6, Suspension or revocation, is amended by adding the following to the end of the section: "Any permit may be suspended or revoked for illegal occupancy, or construction activities outside the scope of application for a period of 90 days, provided the structure is not left in an unsafe condition. No work may proceed during the ninety-day period until the reason for suspension or revocation is addressed by re-applying, or submitting revised building plans based on current building codes. See also all previous 105 Sections as applicable."

Add a new Section 105.6.1, Withholding Permits. The Building Official may withhold the issuance of any permit and/or place a hold on inspections if the applicant, the property owner, or any other individual or entity listed on the application has failed to remedy or correct any existing/alleged violation of the City Code for other properties within the City's jurisdiction, which a final inspection approval has not been granted.

Section 105.7, Placement of Permit, shall read as follows: "The building permit or copy shall be kept on the site of the work, and displayed in plain view where appropriate, until the completion of the project and final inspections are approved."

Section 109.2 shall read as follows: Building Permit Fees: "Fees for permits shall be based upon the valuation of staff time required to execute plan examinations, permit reviews and site inspections and shall be established by the Mayor and City Council from time to time."

Section 109.3 is amended by deleting the last two sentences of the section.

Section 109.4, Work commencing before permit issuance; shall read as follows: "Any person who demolishes any building or structure, or commences any work on a building, structure or property, or opens a new business before obtaining the necessary permits shall be subject to a fee as it applies under City Code, Chapter 70, Fees, in addition to the standard permit fee, and may be guilty of a municipal infraction or a misdemeanor. If the permit is not applied for with the appropriate fees paid within 10 days of documented notification, the property owner, and/or the contractor of record, shall be subject to an additional fine equal to the required permit fees for each thirty-day period the permit is not applied for, not to exceed $1,000, and shall be collected as ad valorem taxes. If all building and trades inspections have not received final approval, the City may attach the violation record to the property tax record and will not issue a tax clearance certificate until all required permits and inspections have been approved and the violation file is closed."

AA.

New Section 110.1.1, Approval of Inspections or Permits, shall be added as follows: "Any inspection or permit approval provided by the City, or by Harford County on the City's behalf, is not a warranty of construction or workmanship. New permit applications may be placed on hold if the applicant, contractor, or property owner has open permits or incomplete inspections related to work on other properties within the City's municipal jurisdiction owned or controlled by such applicant, contractor, or property owner that are not compliant with City administrative procedures and policies, as determined by the Director."

BB.

New Section 110.7, Standards, shall be added as follows: "All buildings, structures and appurtenances thereto shall be constructed strictly in compliance with accepted engineering practices. All members and components of the structure shall be installed, fitted or fastened, moved or stored in such a manner that the full structural capabilities of the members are obtained. Improper alignment (level and square), fitting, fastening or methods of construction shall be considered a violation of this Code."

CC.

Section 111.2, Use and Occupancy Certificate Issued, shall read as follows: "The Building Official, or designee, shall sign and date the office copy of the Permit Application and Zoning Certificate for Use and Occupancy upon completion and approval of all required inspections for which the permit was applied for. A copy of the certificate with the Use and Occupancy approval shall be made available to the applicant."

DD.

Section 111.3 is amended by adding the following at the end of the section: "Any person, firm or corporation engaged in the process of selling property in which a temporary Certificate of Occupancy is issued shall at the time of settlement present to the buyer a copy of the temporary Certificate of Occupancy which must include a list of deficiencies that remain to be corrected or conditions that must be met prior to the issuance of the final Certificate.

EE.

Section 112.1 shall be amended by replacing the "Department of Building Safety" with the "Department of Public Works," deleting the words "this code" and adding the words "the County Code or other City codes" following the phrase, "regulated by." Prior to the end of the sentence add "or by the Director of Public Works or their designee."

FF.

Section 112.2 shall be amended by adding the words "The Director of Public Works or their designee, or" to the beginning of the section.

GG.

Section 112.3 shall be amended by adding the words "The Director of Public Works or their designee, or" after the words "building official" throughout the section.

HH.

Section 113.1, Board of Appeals-General, shall read as follows: "Any person affected by any decision or notice which has been issued by the City in connection with the enforcement of any provision of this Code, or of any rule or regulation adopted pursuant hereto, or any person who desires to appeal a decision made pursuant hereto, or who requests a variance from the terms hereof, or who requests an interpretation of the terms hereof, may file an appropriate application with the Board of Appeals of the City of Havre de Grace in accordance with the Board of Appeals Ordinance contained in the Codified Ordinances of the Mayor and City Council."

II.

Board of Appeals Sections 113.2 through 113.3 are deleted.

JJ.

Section 114.4, Violation penalties, shall read as follows:

Any person who shall be adjudged to have (1) violated any of the provisions of this Ordinance; or (2) failed to comply herewith or permitted or maintained such a violation; or (3) violated or failed to comply with any order made hereunder; or (4) to have built in violation of any details, statements, specifications or plans submitted or approved hereunder; or (5) failed to operate in accordance with the provisions of any certificate, permit, or approval issued hereunder, shall severally for each violation and noncompliance respectively, be guilty of a municipal infraction, for which a fine not to exceed $1,000 may be imposed for each such infraction, payable to the City of Havre de Grace, with costs imposed in the discretion of the court. Each day that an infraction continues after notice has been served shall be deemed a separate infraction. The imposition of a fine for any violation shall not excuse the violation nor shall the violation be permitted to continue. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.

Any person who shall be convicted of willfully (1) violating any of the provisions of this Ordinance; or (2) failing to comply herewith or permitting or maintaining such a violation; or (3) violating or failing to comply with any order made hereunder; or (4) building in violation of any details, statements, specifications or plans submitted or approved hereunder; or (5) failing to operate in accordance with the provisions of any certificate, permit, or approval issued hereunder, shall severally for each violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 and imprisonment not exceeding 90 days for each violation, with costs imposed in the discretion of the court. Each day that a violation continues after notice has been served shall be deemed a separate offence. The imposition of punishment for any violation shall not excuse the violation nor shall the violation be permitted to continue. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.

Any order or notice issued or served as provided in this Ordinance shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains. Every order or notice shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or property immediate compliance shall be required. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding 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 structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

In addition to the other provisions set out in this Ordinance, the City of Havre de Grace may institute injunctive, declaratory or any other appropriate action or proceedings at law or equity for the enforcement of the International Building Code 2021 or to correct violations of the International Building Code 2021, and any court of competent jurisdiction has the right to issue restraining orders, temporary or permanent injunctions or declaration of rights or other appropriate forms of remedy or relief.

All provisions of Article 23A, Section 3, of the Annotated Code of Maryland relating to municipal infractions are incorporated in this chapter. In the event of any inconsistency between this Section 114.4 and Article 23A, Section 3, the provisions in Article 23A, Section 3, shall prevail.

KK.

Section 115.2, Issuance, shall read as follows: At the end of the first sentence, add the following phrase "or posted conspicuously on the property."

LL.

Section 115.3 shall be amended by adding the words "or the Director of Public Works or their designee" following the phrase "the building official" throughout the section.

MM.

Section 115.4, Failure to comply, shall read as follows: "Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and fines set forth in this Code."

NN.

Add a new Section 116.6, Abatement: "If a person who has been issued an order under this section fails, within the time limit specified in a notice of violation or order, to abate the unsafe condition or violation as directed, the Department of Planning or Department of Public Works may take whatever abatement action that may be necessary by use of City employees and equipment and/or by contract with private contractors. The cost and expense of abating the unsafe condition shall be certified by the Department of Planning or Department of Public Works. These charges shall constitute a lien upon the real property and shall be collectible in the same manner as real property taxes with the same priority, interest and penalties. Initiation of abatement action shall not preclude the commencement of any other action or legal proceedings authorized or permitted under this Code, the laws of the State of Maryland and the common law."

OO.

Section 308.5.1 is amended by adding the following exception: "Exception: A childcare facility may be classified as I-4 when the facility is classified as a day care occupancy under the State Fire Prevention Code."

PP.

Section 406.2.7 is amended by deleting "Section 1107" and replacing it with "The Maryland Accessibility Code, Comar 09.12.53."

QQ.

Section 411.5 is amended by deleting item 3 and replacing with the following: "3. All exits and exit access doors from each puzzle room shall be open and readily available upon activation by the automatic fire alarm system, automatic sprinkler system, a manual control at a constantly attended location and shall have a readily accessible control located inside each puzzle room."

RR.

Section 502.1 is amended by adding "undergoing renovations that require the issuance of a building permit" following "New and existing buildings" in the first line.

SS.

Add a new Section 511, Electrical Energy Storage Systems: "511.1 Electrical Energy Storage Systems. Electrical energy storage systems shall be regulated by the provisions contained in the International Fire Code."

TT.

Section 903.2.1.2 is amended by substituting "300" for "100" in item 2 between the words "of" and "or."

UU.

Section 907.2.1.1 is amended by deleting "1000" in the section heading between the words "of" and "or," and also in the second line between the words "of" and "or," and replacing both with "300."

VV.

Section 1004.8 is amended by adding the words "nail salons" between the words "centers" and "trading" in the third line.

WW.

Section 1020.1 is amended by adding the following exception: "6. Corridors contained within a single tenant space."

XX.

Chapter 11, Accessibility, is deleted in its entirety and is replaced with the Maryland Accessibility Code set forth in COMAR 09.12.53 et. seq.

YY.

Section 1502.4, Gutters. Add to the existing section: "Gutters and downspouts shall be provided on all roofed structures having a horizontal building plane area exceeding 240 square feet. They shall be sized to accommodate run off from the roof area, and in accordance with manufacturer's specifications. Stormwater outfall from downspouts shall not be discharged in a manner that detrimentally impacts adjoining properties."

ZZ.

Add a new Section 1503.6, Drip Edge: "Non-corrosive roof edging shall be provided at roof edges and shall cover the upper edges of the roof sheathing and fascia."

AAA.

Figure 1608.2 is amended by adding the following note: "The ground snow load, pg, for Harford County, Maryland, shall be 30 psf.

BBB.

Section 1612.3, Establishment of Flood Hazard Area, shall be deleted. (See the City of Havre de Grace Floodplain Ordinance.)

CCC.

Section 1809.5, Frost Protection, is amended by deleting method 1 and inserting in lieu thereof: "1. Extending below the frost line established as 30" below final grade."

DDD.

Add a new subsection 3001.1.1: Maryland State Elevator Code. The provisions of this code are in addition to the requirements in the Maryland State Elevator Code. If a conflict between this code and the state code exists, the requirements in the state code shall apply.

EEE.

Section 3103.1.2, Permit Required, shall read: "Permits shall be required for temporary structures in accordance with applicable codes."

FFF.

New Section 3109.2, Pool Installation, shall be added as follows: Any pool installation requiring grading or excavation as part of the installation will be required to erect silt fencing completely around the area to be graded or excavated. No fill or excavated material shall be distributed or placed in a manner which would affect stormwater runoff to neighboring properties.

GGG.

Section 3201.3, Other Laws: Second sentence shall be added as follows: "No encroachment into the Public Right-of-Way for construction or installation of any structure may take place without prior approval by the Mayor and City Council."

HHH.

Section 3201.4, Drainage, shall read: "Drainage water collected from a roof, awning, canopy or marquee, foundation drains, sump pump, fresh water ground springs resulting from new construction or grading, and condensation from mechanical equipment shall not flow over a public walking surface."

III.

Section 3202.3.3, Encroachments 15 feet or more above grade, shall be deleted.

JJJ.

Add a new Section 3301.3, Housekeeping: "Rubbish and trash shall not be allowed to accumulate on construction sites or other premises and shall be stored in approved secured containers and removed as soon as conditions warrant. Combustible rubbish shall be removed promptly and shall not be disposed of by burning on the premises or within City limits. Unused or discarded construction materials must be removed from the construction site immediately following project completion or when a permit is void. Vegetation and weeds shall be properly maintained in accordance with the IPMC."

KKK.

Add a new Section 3301.4, Site Conditions: "Whenever the Code Official, or Director of Public Works, finds any work regulated by City Code is being performed in a manner contrary to its provisions, or for improper or unlawful site conditions, or work performed in a dangerous or unsafe manner, the Code Official or Director of Public Works is authorized to issue a stop-work order and issue fines as appropriate for the condition of concern."

LLL.

Add a new Section 3302.5, Vehicle Access: "Development of five or more residential lots, or commercial development sites, are required to have unobstructed vehicle access through the site at all times until construction is completed and site is stabilized."

MMM.

Appendices A, B, D, E, H and J shall be deleted.

NNN.

Appendix G, Flood Resistant Construction: In case of conflicts, the order of compliance is Federal Emergency Management Agency Regulation, Maryland Department of the Environment Regulation, City of Havre de Grace Ordinances, and Appendix G last.