[HISTORY: Adopted by The Commissioners of
St. Michaels 12-11-1984 by Ord. No. 159. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Building Code."
The purpose of this chapter is to provide regulations
to help assure that buildings constructed in the Town of St. Michaels
will be safe for use, occupancy and habitation.
The provisions of this chapter shall be applicable
to and shall govern and control the manner in which all structures
are constructed within the corporate limits of the Town of St. Michaels.
It shall be unlawful for any person to construct
or cause to be constructed any structure within the Town of St. Michaels
without first obtaining a permit therefor approved by the St. Michaels
Building Inspector.
No building permit shall be valid unless actual
work is commenced thereunder within a period of one year after the
date of its issuance, and unless the project for which the permit
is issued is completed within two years from the date the permit is
issued; unless a longer period of time is specified in the permit
by the Building Inspector or unless an extension of time is approved
by the Building Inspector for good cause shown. Actual construction
is hereby defined to include the placing of construction materials
in permanent position and fastened in a permanent manner, except that
where demolition or removal of an existing building has been substantially
begun preparatory to rebuilding, such demolition or removal shall
be deemed actual construction, provided that work shall be diligently
carried on until the completion of the construction involved.
No person shall construct or cause to be constructed
any structure within the Town of St. Michaels in violation of the
terms, conditions, and restrictions of a building permit, or beyond
the scope of the work as set forth in a building permit.
[Amended 8-8-1995 by Ord. No. 223; 10-9-2001 by Ord. No.
268; 5-28-2014 by Ord. No. 450; 5-10-2023 by Ord. No. 545]
No person shall construct, cause to be constructed, or modify any structure within the Town of St. Michaels that is in violation of the International Building Code, 2018 edition, the International Residential Code, 2018 edition, and/or the International Energy Conservation Code, 2018 edition, as published by the International Code Council, Inc., which International Building Code and the International Energy Conservation Code are hereby adopted and approved as the standard to which all structures located within the Town of St. Michaels shall be constructed or modified. Notwithstanding anything in either adopted code to the contrary, appeals from a decision of the Town's Permit Official relating to the application of such codes shall be governed by § 108-9 of this chapter.
The requirement for interior automatic fire sprinkler systems
shall apply to all new one- and two-family dwellings for any existing
lot or proposed new subdivision which has received preliminary plan
approval for which a building permit has not been issued as of the
effective date hereof.
A.
Placement of modular homes is considered new construction.
B.
The requirement for interior sprinkler systems shall not apply to
accessory or uninhabitable structures (e.g., detached carports, garages,
greenhouses, and sheds).
C.
Automatic fire sprinkler systems required under this section shall
be connected to the municipal water supply serving the residence,
provided the water supply is of adequate pressure, capacity, and sizing
for the combined domestic and sprinkler system requirements, and property
back flow valves are installed.
D.
Interior automatic fire sprinkler systems shall be installed and
maintained in all new one- and two-family dwelling units in accordance
with the most recent version of the Maryland Building Performance
Code and the International Residential Code for one- and two-family
dwellings, as amended from time to time.
E.
No person shall do work in the Town of St. Michaels as a sprinkler
contractor without first applying for and receiving a license of the
appropriate class from the State Fire Marshal's Office.
[1]
Editor's Note: This ordinance also provided that it shall
apply retroactively to and be interpreted to affect any project for
which a building permit was issued on or after 8-8-2014, but for which
a certificate of occupancy has yet to be obtained.
The Building Inspector shall be appointed by
resolution of The Commissioners of St. Michaels, and shall serve from
time to time at the pleasure of The Commissioners of St. Michaels.
The Building Inspector shall enforce the provisions of this chapter,
and shall have authority to enter upon all property in the Town at
reasonable times for the purpose of conducting such inspections as
he or she may deem necessary for the enforcement of this chapter.
A.
The owner, builder, and all subcontractors shall render
to the Building Inspector any assistance requested in making inspections
of any work or structure coming under his or her jurisdiction.
B.
The Building Inspector may request and receive, so
far as may be necessary in the discharge of his or her duties, the
assistance of the St. Michaels Police Department in enforcing orders
and in prosecuting violations of this chapter.
C.
No oversight or failure by the Building Inspector
to do his or her duty shall legalize the erection, construction demolition
or alteration of any structure that is not in conformity with this
chapter and the BOCA Code.
D.
The Building Inspector shall keep records of all applications,
of permits issued, of reports rendered, and of notices or orders which
he or she issues. All records concerning building permit applications,
building permits, drawings, plans, reports, inspections, notices and
orders shall be kept at the Town office and shall be a part of the
public records of the Town.
E.
The Building Inspector may require that an applicant
submit such site plans, elevation drawings, floor plans, and/or other
plans, documentation and information as the Building Inspector may,
in his or her discretion, require.
F.
All construction shall be in conformity with the application,
together with such plans and drawings, as approved, and no deviation
therefrom shall be permitted unless approved in writing by the Building
Inspector.
G.
The Building Inspector shall be authorized to issue
such order or orders as he or she may deem necessary upon his or her
determination that there is a violation of the Building Code, that
a structure is being erected in violation of the Building Code, or
that a structure is being erected in violation of or contrary to that
for which a building permit was issued. Upon his or her determination
of a violation, the Building Inspector shall be authorized, by order,
to suspend or revoke a building permit, and to order such corrective
action by the owner, builder or contractor as the Building Inspector
may deem necessary in order to correct such violation. All such orders
by the Building Inspector shall be in writing.
Decisions of the Building Inspector to issue, revoke, suspend or deny a building permit may be appealed by an aggrieved party or the Town to the St. Michaels Board of Zoning Appeals in the same manner, and pursuant to the same procedures, as appeals are taken from decisions of the St. Michaels Zoning Inspector to the St. Michaels Board of Zoning Appeals; and appeals may be taken from the decision of the St. Michaels Board of Zoning Appeals, on such matters in review of decisions of the Building Inspector, by a party to the proceeding before the Board of Zoning Appeals, or by the Town, to the Circuit Court for Talbot County in the same manner and pursuant to the same procedures, as are set forth in Chapter 340, Zoning, as amended from time to time.
The Building Inspector or any sworn police officer of the Town may issue a citation to anyone who violates this chapter. No such citation shall be issued except upon first-hand knowledge of the issuing officer. The Building Inspector shall be promptly notified of the issuance of any such citation. Procedures set forth in Chapter 33, Municipal Infractions, as amended, for issuance of citations, payment of fines, election to stand trial, and court proceedings, shall apply.
Any person who shall violate any provision of
this chapter shall be guilty of a municipal infraction, and shall
be subject to a fine of $100 for any single violation of this chapter
or $500 for each repeat or continuing violation. Each day a violation
of this chapter continues shall constitute a separate offense.
