[HISTORY: Adopted by the Board of County
Commissioners of Queen Anne's County by Ord. No. 96-08. Amendments
noted where applicable.]
[Amended 5-7-2002 by Ord. No. 02-05; 1-26-2016 by Ord. No. 15-16; 10-13-2020 by Ord. No. 20-11]
Except as otherwise amended by this chapter and as may be modified
by the Maryland Department of Labor, Licensing, and Regulations after
adoption of the individual codes which constitute the Maryland Building
Performance Standards (MBPS), the following Codes are hereby adopted
as the Building Code for Queen Anne's County as if the Codes were
set out in full in this chapter. (NOTE: All DLLR modifications to
the Codes set out below become effective four months from the date
of state adoption.)
A.
The Maryland Building Performance Standards as set forth in the Code
of Maryland Regulations 05.02.07 which incorporates the current edition
of the International Building Code, and the International Residential
Code for One- and Two-Family Dwellings.
B.
International Mechanical Code, current edition, published by the
International Code Council, Inc.
C.
International Energy Conservation Code, current edition, published
by the International Code Council, Inc.
D.
NFPA 1, current edition Fire Code as published by the National Fire
Protection Association; NFPA 101, current edition Life Safety Code
as published by the National Fire Protection Association.
E.
The current 2017 National Electrical Code, NFPA 70.
[Amended 9-28-2021 by Ord. No. 21-08]
F.
Current edition of the International Plumbing Code.
G.
The Maryland State Accessibility Code, Code of Maryland Regulations
05.02.02.
H.
Current edition of the International Fuel Gas Code.
I.
Current edition of the Fire Alarm Code, NFPA 72.
J.
Current edition of the Sprinkler Code, NFPA 13.
K.
Current edition of the Natural Gas Code, NFPA 54.
L.
Current edition of the LP Gas Code, NFPA 58.
[Amended 5-7-2002 by Ord. No. 02-05; 6-24-2008 by Ord. No. 08-02; 9-25-2012 by Ord. No. 12-17; 12-13-2016 by Ord. No. 16-16; 2-14-2017 by Ord. No. 16-25; 10-13-2020 by Ord. No. 20-11]
The provisions of the International Building Code, current edition,
as incorporated in COMAR 05.02.07 are modified, deleted, substituted,
or added to as follows:
A.
In
general.
(1)
The term "Code Official" as used in this Code means the Zoning Administrator
of the Department of Planning and Zoning.
(2)
Where the name of the jurisdiction is to be indicated in any section
of this Code, insert "Queen Anne's County, Maryland."
(3)
The term "Department of Building Inspection," as used in this Code,
means the Department of Planning and Zoning.
B.
Specific
amendments.
(1)
Chapter 1. Administration.
(a)
101.2 Exemptions - Farm Buildings. At the end of Subsection 102.1,
add the following: "The provisions of this Code shall not apply to
the construction, alteration, addition, repair, removal, demolition,
use, location or maintenance of farm buildings. This provision does
not exempt the owner from obtaining required electrical or plumbing
permits nor from complying with all other applicable local, state
and federal regulations, laws and ordinances."
(b)
101.2.1 Appendices. Delete all appendices except Appendix F.
(c)
101.4 Referenced Codes. Amend Section 101.4 by deleting Subsections
101.4.1, 101.4.2, 101.4.3, 101.4.4, 101.4.5 and 101.4.6. Renumber
Subsection 101.4.7 as Subsection 101.4.1.
(d)
105.1.1 Annual permit: delete entirely.
(e)
105.1.2 Annual permit records: delete entirely.
(f)
105.2 Work exempt from permit. Amend Paragraph I under "Building"
to read: "one-story detached accessory structure used as tool and
storage sheds, playhouse and similar uses, provided its floor area
is less than 200 square feet."
(g)
105.2 Work exempt from permit. Add new Paragraph 14 under "Building"
to read "Farm building; however this provision does not exempt the
owner of a farm building from obtaining the required electrical or
plumbing permits, nor from complying with all other applicable local,
state and federal regulations, laws and ordinances."
(h)
107.1 Construction documents.
[1]
Delete 107.2 entirely and amend as follows: Renumber 107.3.
107.4 and 107.5 as 107.2, 107.3 and 107.4.
[2]
Add new Subsection 107.1.1 to read as follows:
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107.1.1 Information on construction documents.
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The application for the building permit shall be accompanied
by plans and specifications as follows:
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1.
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Detached one- and two- family dwellings: two sets of drawings,
drawn to scale with sufficient clarity and detail to show the nature
and character of the work to be performed, including, but not limited
to:
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a.
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Floor plans each floor level, two elevations and typical cross
section:
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b.
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Four copies of plot plans or two copies of formal approved site
plan as required by Queen Anne's County Zoning Ordinance, if applicable.
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2.
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Detached one- and two-family dwellings, alterations, small additions, miscellaneous structures: two sets of drawings as in Subsection 1 above; however, the Code Official may waive the requirements for plan submittal for alterations, one-story additions less than 600 square feet total area and miscellaneous structures accessory to one- and two-family dwellings, provided that the application for such additions and accessory structures shall be accompanied by four copies of the plot plan and two copies of the formally approved site plan when required by the Queen Anne's County Zoning Ordinance.
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3.
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New buildings, additions and alterations to buildings other
than detached one- and two-family dwellings: three complete sets of
architectural, structural, mechanical (heating, ventilation, air conditioning
HVAC) plumbing and electrical plans, drawn to scale with sufficient
clarity and detail to show the nature and character of work to be
performed. The plans shall be prepared in compliance with this Code,
and shall have the seal and signature of a Maryland state professional
engineer or architect affixed to each and every sheet of all sets,
at least one of which shall bear the original (not reproduced) seal
and signature. An impression seal, rubber stamp facsimile, or digital
seal compliant with COMAR 09.23.03.09 is acceptable.
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(i)
108.3 Temporary power. Amend to read as follows: "The Building Official
is authorized to give permission to temporarily supply and use power
in part of an electrical installation before such installation has
been fully completed and the final certification of completion has
been issued."
(j)
109.6 Refunds. Delete Subsection 109.6 and substitute the following:
"When an unissued permit has been denied by the Building Official
or withdrawn by the property owner or agent, a refund of 50% is due
on building codes and zoning fee paid. No refund will be given on
issued permits."
(k)
109.7 Inspection fees.
[1]
Add a new Subsection 109.7 to read as follows:
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109.7. Reinspection fees.
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A reinspection fee may be charged for each reinspection if the
work has to be reinspected because:
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1.
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The work was not ready for inspection at the prearranged time
for inspection;
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2.
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The inspector did not have access to the work at the prearranged
time for inspection; or
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3.
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The inspector discovers a flagrant noncompliance during a requested
inspection.
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(l)
110.3 Required inspections. Delete Subsections 110.3.2, 110.3.3 and
110.3.5. Renumber Subsections 110.3.4, 110.3.6, 110.3.7, 110.3.8,
110.3.9 and 110.3.10 as Subsections 110.3.2, 110.3.3, 110.3.4, 110.3.5,
110.3.6 and 110.3.7.
(m)
110.3.2 Foundation inspection. Add a new subsection to read as follows:
"Foundation inspection shall be made when the foundation is complete
with all required anchors, vents and termite shield installed."
(n)
110.5 Inspection requests. Amend the section to include the following
at the end of the first sentence: "24 hours before said work is completed."
(o)
110.7 Withholding of inspection and permit. Add a new subsection
to read as follows: "If the Code Official finds that a contractor,
developer, or owner has violated the provisions of the Code, this
chapter or rules or regulations which implement this chapter in connection
with the construction, maintenance, alteration, or repair of any building,
structures, equipment or land within Queen Anne's County, the Building
Official, after written notice to the violator, and a hearing on the
allegations, may refuse to grant further inspections or further permits
of any kind to the contractor, developer, or owner until all violations
have been corrected and all fees have been paid."
(p)
115.2.1 Stop-work order; posting. Add a new subsection to read as
follows: "The posting of a stop-work order at the job site shall constitute
adequate notification by the Code Official."
(2)
Chapter 2. Definitions.
(a)
202 Add the following definition:
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FARM BUILDING. A structure utilized to store farm
implements, hay, feed, grain, or other agricultural or horticultural
products or to house poultry, livestock, or other farm animals. Such
structure shall not include habitable or occupiable spaces, spaces
in which agricultural products are processed, treated, or packaged;
nor shall an agricultural building be a place of occupancy by the
general public.
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HISTORIC STRUCTURE shall be subject to the requirements
of these regulations if the proposed work is determined to be a substantial
improvement, unless a determination is made that the proposed work
will not preclude the structure’s continued designation as an
historic structure. The Code Administrator may require documentation
of a structure’s continued eligibility and designation as an
historic structure.
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(3)
Chapter 9. Fire Protection Systems.
(a)
903.2.2 Delete the subsection and substitute the following: "An automatic
sprinkler system shall be provided throughout all buildings in Use
Group E in accordance with Subsection 903.3.1.1. Exception: where
each classroom has at least one exterior door at ground level."
(b)
903.2.8 Automatic sprinkler system Group R-2 and R-3. Amend title
as above. Delete subsection and add the following: "An automatic sprinkler
system shall be provided throughout all buildings with an occupancy
in Use Group R-2 and R-3."
(c)
904.3.1 Electrical wiring. Delete reference to ICC Electrical Code
and insert: "National Electrical Code (NFPA70), most recent edition."
(d)
910.2.1 Groups F-1 and S-1 and M. Amend title as above and amend
subsection to add Use Group M and the following exception: "Buildings
of Use Group Classification M with a story height of less than 20
feet shall be exempt from the smoke venting requirements of this chapter."
(4)
Chapter 16. Structural Design.
(a)
1607.10 Reduction in live loads. Add a new Subsection 1607.10.1.5.
to read as follows: "1607.10.1.5. Exceptions. Live load reductions
allowed by Section 1607.10 shall not apply to roofs."
(b)
1607.12.1.1 Minimum roof live loads. Add new paragraph to existing
subsection as follows: "Roofs shall be designed for a minimum live
load of 30 pounds per square foot or designed for the minimum snow
load, whichever is greater."
(5)
Chapter 18. Soils and Foundations.
(a)
1809.5 Frost protection. Amend Subsection 1809.5 to read as follows:
"Except where erected upon solid rock or otherwise protected from
frost, foundation walls, piers, and other permanent supports of buildings
or structures 200 square feet or larger in area or 10 feet in height
shall extend below the frost line of 24 inches below finished grade,
and spread footings of adequate size shall be provided where necessary
to properly distribute the load within the allowable load bearing
value of soil. Alternatively, such structures shall be supported on
piles where solid earth or rock is not available. Footings shall not
bear on frozen soils unless frozen condition is of a permanent nature."
(6)
Chapter 33. Safeguards During Construction.
(a)
3306.10. Accessibility during construction operations. Add new
section titled as above to read as follows: "During construction operations
the contractor shall maintain at all times a vehicular roadway that
will permit the unimpeded movement of emergency vehicles from the
improved street to within 200 feet of the most remote building under
construction on the site. The vehicular access roadway surface shall
be either crusher run, stone base, blacktop or other suitable compacted
surface material approved by the Department."
[Amended 5-7-2002 by Ord. No. 02-05; 6-24-2008 by Ord. No. 08-02; 9-25-2012 by Ord. No. 12-17; 2-14-2017 by Ord. No. 16-25; 10-13-2020 by Ord. No. 20-11]
The provisions of the International Residential Code for One
and Two Family Dwellings, current edition, as incorporated in COMAR
05.02.07 are modified, deleted, substituted, or added to as follows:
B.
Section
R301.2 Climatic and geographic criteria, shall be amended so that
Table R301.2(1) shall read as follows:[1]
[1]
Editor's Note: Table R301.2(1) is included as an attachment to this chapter.
C.
SUBSTANTIAL IMPROVEMENT
Section
R202 Definitions: Add the following definition:
Any combination of repair, reconstruction, rehabilitation,
addition, or improvement of a building or structure. This activity
does not prompt compliance with automatic fire sprinkler system installation
requirements.
The provisions of the National Electric Code
are modified and amended so as to exempt smoke detectors from any
requirement or requirements for wiring into an arc fault circuit interrupter
specifically including the provisions of Section 210.12(B) of the
National Electric Code (current edition).
[Added 11-4-2003 by Ord. No. 03-19;[1] amended 10-13-2020 by Ord. No. 20-11]
The provisions of the current edition, National
Fuel Code, ANSI, 2223.1 NFPA 54 (the County Fuel Code) are modified
and added to as follows:
A.
Additions. Section 3.2 and Appendix 1 of the current
edition of the Liquefied Petroleum Gas Code, NFPA 58, are added to,
incorporated in and made a part of the County Fuel Code.
[Added 7-14-2009 by Ord. No. 09-13]
A.
DEPUTY FIRE MARSHAL
EXISTING BUILDING, CONDITION, OR FACILITY
FIRE MARSHAL
NEW BUILDING, CONDITION, OR FACILITY
NFPA
Definitions. In this section, the following words have the meanings
indicated.
Those qualified and appointed by the Fire Marshal with the
duties and powers to enforce the Fire Prevention Code.
Any building, plant, condition, or equipment that existed
before February 1, 2008, or any building, plant, condition, or equipment
for which a building, electrical, mechanical, or plumbing permit was
issued before February 1, 2008.
The Division Chief of the Queen Anne's County Office of the
Fire Marshal.
Any building, plant, condition, or equipment for which a
building, electrical, mechanical, or plumbing permits was issued on
or after February 1, 2008. Any such building, plant, condition or
equipment shall continue to be classified as "new" until one year
after such building, condition, or facility has obtained all final
inspections.
National Fire Protection Association.
B.
Scope.
(1)
Applicability. This section applies both to new and existing buildings,
conditions, or facilities, except as set forth below.
(2)
Inapplicability.
(a)
This section does not apply to one- and two-family dwellings,
except for the installation and maintenance of smoke alarms and residential
sprinklers when required by any federal, state or local law or regulation.
(b)
Inapplicability to Maryland Building Rehabilitation Code. The
requirements of this section do not apply to work areas that are subject
to the Maryland Building Rehabilitation Code as found at Subtitle
10 of Title 12 of the Public Safety Article of the Maryland Annotated
Code and associated regulations.
(3)
Notwithstanding the foregoing Subsection B, this section shall apply to any new or existing building, condition or facility, if:
(a)
The Fire Marshal or Deputy Fire Marshal has found that the continuation
of an existing condition would constitute a distinct hazard adverse
to life, property, public safety, or welfare; or
(b)
The building undergoes a change from one occupancy classification
to another or from one occupancy sub-classification to another.
C.
Administration. Except as otherwise provided in the Fire Prevention
Code, the Fire Marshal, or Deputy Fire Marshal shall enforce and administer
the provisions of this section.
D.
Fire Prevention Code.
(1)
Adoption. The following codes and standards as amended and republished
from time to time are adopted by reference as the Fire Prevention
Code for Queen Anne's County
(2)
Conflicts. If there are conflicts within the documents set forth
in subsection (a) of this section, the most restrictive provision
shall apply.
(3)
Matters not provided for. Any requirement essential for fire safety
that is not specifically covered by the Fire Prevention Code shall
be determined by the Queen Anne's County Fire Marshal in accordance
with the NFPA National Fire Codes or other NFPA technical publications.
(4)
Modifications. Section 1-10 of NFPA 1, Fire Code, shall be deleted
and all appeals under the Fire Prevention Code shall be to the Maryland
State Fire Prevention Commission. Any person shall be permitted to
appeal a decision of the Fire Marshal or Deputy Fire Marshal when
it is claimed that any one or more of the following conditions exist:
(a)
The true intent of the Fire Prevention Code has been incorrectly
interpreted.
(b)
The provisions of the Fire Prevention Code do not fully apply.
(c)
A decision is unreasonable or arbitrary as it applies to alternatives
or new materials.
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An appeal and all documentation in support thereof shall be
submitted to the Fire Marshal in writing within 30 calendar days of
notification of violation outlining the provision of the Fire Prevention
Code from which relief is sought and the remedy proposed.
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E.
Implementation. The implementation of the Fire Prevention Code shall
be in accordance with the inspection priority and frequency policy
as established by the Office of the Fire Marshal.
F.
Fees. The Office of the Fire Marshal shall charge and collect fees
for inspection, re-inspection and plan review in accordance with the
fee schedule established by the Office of the Maryland State Fire
Marshal, as the same may be amended from time to time.
G.
Flammable and hazardous chemicals storage - signs. All establishments
storing or handling flammable or hazardous chemicals shall be plainly
marked with signs at entrances to storage or use areas and at other
points that are recommended by the Fire Marshal or the Deputy Fire
Marshal. These signs shall be in accordance with the "Standard System
for the Identification of the Hazards of Materials for Emergency Response,"
published by NFPA.
[Amended 5-7-2002 by Ord. No. 02-05; 7-14-2009 by Ord. No. 09-13]
A.
Civil penalties.
(1)
Any person who shall erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this chapter, or cause the same to be done, in conflict with or in violation of any of the provisions of this chapter, shall be guilty of a civil violation and subject to an original pre-set fine, not to exceed $1,000. The pre-set fines shall be $250 for a first offense, $500 for a second offense, $750 for a third offense and $1,000 for a fourth or subsequent offense. In the case of any violation of the Queen Anne's County Fire Prevention Code, § 10-6 hereof, the pre-set fines shall be $100 for a first offense, $250 for a second offense, $500 for a third offense and $1,000 for a fourth or subsequent offense.
[Amended 10-13-2020 by Ord. No. 20-11]
(2)
Each
day on which a violation continues constitutes a separate violation.
