Caroline County, MD General Provisions

This chapter shall be known and may be cited as the "Building Code of Caroline County, Maryland."

[Amended 8-21-2012 by Bill No. 2012-7]

This chapter is established in accordance with the provisions of Title 12 of the Public Safety Article, Annotated Code of Maryland, and the provisions of the Maryland Building Performance Standards, COMAR 05.02.07.

§ 88-3 Applicability.

The provisions of this chapter shall apply to the unincorporated territory of Caroline County, Maryland. This chapter may be applied to the territory of any municipality within Caroline County, Maryland, to the extent established by and only upon a written agreement between the County Commissioners of Caroline County and the governing body of said municipality.

§ 88-4 Purpose and intent.

The purpose of this chapter is to establish building regulations that will promote and protect, in accordance with present and future needs, the safety, health, and general welfare of the citizens of Caroline County and to provide reasonable protection to the public against hazards to life, health, and property.

The State of Maryland has adopted the International Building Code, the International Residential Code for One- and Two-Family Dwellings, and the International Energy Conservation Code as the Maryland Building Performance Standards, COMAR 05.02.07, with modifications. This chapter is intended to establish building regulations for Caroline County, Maryland by adopting the Maryland Building Performance Standards and by incorporating additional modifications to the International Building Code, the International Residential Code for One- and Two-Family Dwellings, and the International Energy Conservation Code that are in accordance with local conditions and requirements.

[Amended 8-21-2012 by Bill No. 2012-7]

§ 88-5 Severability.

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

§ 88-6 Conflicting regulations.

Whenever any provision of this chapter conflicts with any other provision of law, whether set forth in this chapter or contained in any law, rule, regulation, ordinance, or code covering any of the same subject matter, that provision which is more restrictive or which imposes the higher standard or requirement shall govern.

§ 88-7 Repeal of previous regulations.

All provisions of Chapter 88 of the Code of Caroline County in effect prior to the adoption and effective date of this new chapter are hereby repealed and replaced with this chapter, including Article I, Foundations of Dwellings and Additions to Dwellings, and Article II, Commercial, Industrial and Institutional Buildings; Multiple-Family Dwellings.[1]

[1]

Editor's Note: Former Art. I was adopted 5-15-1990 by Bill No. 90-2; former Art. II was adopted 3-16-1993 by Bill No. 92-7.

§ 88-8 Effective date.

This chapter shall take effect on January 1, 2002. Any work authorized by a building permit lawfully issued by the Department prior to January 1, 2002, shall comply with the building codes in effect on the date of its issuance and shall not be required to comply with this chapter unless said permit expires or otherwise becomes void.

§ 88-9 Voluntary dispute resolution.

The following procedures define the voluntary dispute resolution procedure provided by the Maryland Building Performance Standards, COMAR 05.02.07.07B:

(1)

Upon the written request from both a local jurisdiction and any person aggrieved by the Standards or any local amendments to them, the Maryland Codes Administration shall conduct an informal mediation or conciliation with the local jurisdiction and any person aggrieved by the Standards or any local amendments to them.

(2)

The aggrieved person and the local jurisdiction shall each submit to the Maryland Codes Administration a written statement of the dispute and include any related material either party feels is appropriate. In addition to the written statement, either party may request a meeting with the other party and the Maryland Codes Administration to discuss the dispute.

(3)

Within the latter to occur of 30 days of receipt of both statements of the disputed and any related material, or 30 days after a meeting conducted in accordance with Subsection A(2) of this section, the Director of the Maryland Codes Administration shall issue a decision on behalf of the Department of Housing and Community Development of Maryland regarding resolution of the dispute.

(4)

Within 15 days of the date of the decision of the Director of the Maryland Codes Administration, either party may appeal to the Secretary of the Department of Housing and Community Development of Maryland or the Secretary's designee, in writing. The Secretary of the Department or the Secretary's designee shall respond to the appeal within 15 days of receipt of the appeal.

(5)

Neither a decision by the Maryland Codes Administration nor the Department of Housing and Community Development under Subsection A(3) or (4) of this section shall constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR 05.01.01.