The 2015 International Building Code (hereinafter referred to as the Building Code, or code) published by the International Code Council, Inc., is hereby adopted and by reference thereto is made a part of this chapter with the same force and effect as though set out in full herein, save and except such changes, amendments, revisions, deletions, subsections and/or additions as are specified in this chapter. If conflicts with this code, or with changes, amendments, revisions, deletions, subsections, and/or additions to that code are found elsewhere in the County Code, the most restrictive provisions shall govern.
At least one copy of this code and supplements thereto shall be on file and open for public use, examination and inspection in the office of the Director of Administration and in the office of the Council Administrator.
As used in this code, the term "building official" means the Director of the Department of Inspections, Licenses and Permits or his/her designee.
As used in this code, the term "Department of Building Safety" means the Department of Inspections, Licenses and Permits.
As used in this code, the term "Harford County Hazardous Materials Team" means the Harford County Hazardous Materials Team as created by the Harford County Division of Emergency Operations.
As used in this code, the term "ICC/ANSI 117.1" means the Maryland Accessibility Code set forth in Code of Maryland Regulations, Title 5, Subtitle 05.02.02.
The following sections are changes or additions to certain sections of the 2015 International Building Code.
Subsection 101.1 is hereby amended by substituting "Harford County, Maryland" for "name of jurisdiction" in the second line.
Subsection 101.2.1 is deleted and the following is inserted in lieu thereof:
"101.2.1 Appendices. Provisions in Appendix B, Board of Appeals; Appendix C, Group U — Agricultural Buildings; Appendix F, Rodent Proofing; and Appendix I, Patio Covers, are adopted as part of the Harford County Building Code."
Subsection 101.4.4 is deleted.
Subsection 101.4.7 is amended by adding "or the Maryland Rehabilitation Code (MBRC) set forth in COMAR 05.16.01-.08" between the words "code" and "shall" in the second line and by adding "The provisions of the International Existing Building Code shall be applicable to all structures where construction commenced prior to March 1, 1968 and legally existing structures permitted on or after March 1, 1968" at the end of this section.
Subsection 102.6 is amended by deleting "the International Property Maintenance Code" starting in the fourth line.
Subsection 102.6.2 is amended by deleting "or International Property Maintenance Code" starting in the fifth line.
Subsection 103.3 is amended by deleting the last sentence: "For the maintenance of existing properties, see the International Property Maintenance Code."
Subsection 104.6 is amended by adding a new sentence at the end of the section: "Nothing in this section shall be deemed to restrict or otherwise limit the provisions of Section 1-18 of the Harford County Code."
New Subsection 104.12 is added as follows:
"104.12 Restriction of employees. An official or employee connected with the Department of Building Safety, except one whose only connection is that of a member of the Board of Appeals established under the provisions of Appendix B, 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."
Subsection 105.1.1 is deleted.
Subsection 105.1.2 is deleted.
Subsection 105.2 is amended by deleting subheadings "Electrical" and "Plumbing" and by amending subheading "Building" by adding and modifying the following subitems:
Subsection 105.5 is amended by deleting "180 days" in the third line and inserting "12 months" in lieu thereof.
New Subsection 105.6.1 is added as follows:
"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 owner or any individual listed on the application as a responsible officer (if the applicant is a business entity) has failed to remedy or correct any existing/alleged violation of the Harford County Code on any construction project in Harford County for which the applicant has been cited by any County agency."
New Subsection 105.8 is added as follows:
105.8 Transfer of permits. When a change of ownership occurs for a property for which a building permit application has been made or a permit has been issued, the application or permit may be transferred to the new property owner after submission to the County of evidence of the transfer of ownership."
Section 106 is deleted in its entirety.
Subsection 109.2 is deleted and the following is inserted in lieu thereof:
"109.2 Schedule of permit fees. On buildings, structures, mechanical systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with Chapter 157 of the Harford County Code."
New Subsection 110.1.1 is added as follows:
"110.1.1 Purpose of inspections. All inspections conducted by the Department of Inspections, Licenses and Permits are performed for the protection and promotion of public safety, health and welfare. The inspections are made solely for the public benefit and are not to be construed as providing any warranty of construction to individual members of the public."
New Subsection 126.96.36.199 is added as follows:
"188.8.131.52 Hazardous materials inspections. As deemed necessary by the building official, approval from the Harford County Hazardous Materials Team may be required prior to a certificate of occupancy being issued."
New Subsection 110.7 is added as follows:
"110.7 Standards. All buildings, structures and appurtenances thereto shall be constructed strictly in compliance with accepted engineering practice. 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."
Subsection 111.3 is amended by adding the following at the end of the Subsection: "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."
Subsection 113.2 is amended by adding the following between the words "apply" and "or" in the fifth line: "The Department of Building Safety has made an incorrect determination that a structure or equipment within a structure is unsafe in accordance with Section 116 of this Code".
Subsection 114.4 is amended by deleting the phrase "shall be subject to penalties as prescribed by law" in the last line and inserting the following in lieu thereof: "shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense."
Subsection 116.3 is deleted and the following is inserted in lieu thereof:
"116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice of violation that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition or to demolish the unsafe structure within a (specified period of) stipulated time.
Unless the person served with an order makes a timely request for a hearing pursuant to Section 116.7, the order becomes a final order on the eleventh day after service.
If a person who has been issued an order under this section makes a timely request for a hearing, i.e., requests a hearing within 10 days from service in accordance with Section 116.7, and the Board of Appeals affirms the order following the hearing, the order shall become a final corrective order."
Subsection 116.4 is amended by inserting the phrase, "first class" in the third line after the word "certified".
New Subsection 116.6 is added as follows:
"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 as directed, the Department of Building Safety may take whatever abatement action that may be necessary by use of County 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 Building Safety to the County Treasurer together with the name of the owner of the property on which the violation occurred as determined from the property tax assessment records. 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."
New Subsection 116.6.1 is added as follows:
"116.6.1 Notice of abatement action. The Department of Building Safety, before or within 10 days after commencement of any abatement action under Section 116, shall issue a notice of abatement action to the owner of the property on which the abatement action has been or will be commenced. The notice shall describe the abatement action to be undertaken, shall specify that the costs for the action shall constitute a lien on the real property of the owner and shall inform the owner of the right to a hearing under Section 116.7.
A notice of abatement action issued by the Department of Building Safety shall be served as provided for by Subsection 116.4 of this code."
New Subsection 116.7 is added as follows:
116.7.1 Hearing for notice of violation. The property owner, agent or person in control receiving a notice of violation issued under Subsection 116.3 may request a hearing before the Board of Appeals within 10 days from the receipt or posting of such notice issued by the Department of Building Safety. The request must be in writing and served personally on the Director of the Department of Building Safety or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service."
New Subsection 116.7.2 is added as follows:
"116.7.2 Hearing for notice of abatement.The property owner, agent or person in control receiving a notice of abatement issued under Subsection 116.6.1 may request a hearing within 10 days from the receipt or posting of such notice. The request must be in writing and served personally upon the Director of Administration or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service."
New Subsection 116.8 is added as follows:
"116.8 Finality of lien. Unless a person served with a notice of abatement makes a timely request for a hearing pursuant to Subsection 116.7, the lien shall become final on the property upon completion of the work. If a person makes a timely request for a hearing, any lien on the property shall become final after completion of all the work the Director of Administration determines was properly conducted by way of abatement action."
New Subsection 116.9 is added as follows:
"116.9 Unauthorized tampering. Signs, placards, notices or other postings affixed by the Building Official under Section 116 shall not be mutilated, destroyed or tampered with, or removed without authorization from the Building Official."
New Section 117 is added as follows:
Section 202 is amended by deleting the definition of "agricultural, building" and inserting the following in lieu thereof:
"AGRICULTURAL, BUILDING. A structure located on land zoned agricultural which is designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human residence."
Section 202 is amended by adding the following definition between the terms "construction documents" and "construction types":
Section 202 is amended by adding the following definition between the terms "potable water" and "precast concrete":
"POWER SAFETY COVER. A pool cover that is placed over the water area and is opened and closed with a motorized mechanism activated by a control switch."
Section 202 is amended by adding the following definition between the terms "public sewer" and "public water main":
"PUBLIC SWIMMING POOL. A pool other than a residential pool that is intended to be used for swimming or bathing and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use."
Section 202 is amended by adding the following definitions between the terms "reroofing" and "return air":
"RESIDENTIAL. For the purposes of this code, residential applies to detached one- and two-family dwellings and townhomes not more than 3 stories in height.
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). A pool intended for use which is accessory to a residential setting and available only to the household and its guests. All other pools shall be considered public pools for the purposes of this code."
Section 202 is amended by adding the following definition between the terms "running board" and "sanitary sewer":
"SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms, that is temporarily placed or installed over an entire pool, spa or hot tub and secured in place after all bathers are absent from the water."
Section 202 is amended by adding the following definition between the terms "solid masonry" and "spline":
"SPA. A product intended for the immersion of persons in temperature-controlled water circulated in a closed system, and not intended to be drained and filled with each use. A spa usually includes a filter, an electric, solar or gas heater, a pump or pumps and a control, and can also include other equipment such as lights, blowers and water-sanitizing equipment."
Subsection 501.2 is deleted and the following is inserted in lieu thereof:
"501.2 Premises identification. Address numbers shall be provided on new or renovated buildings as required by Chapter 84 of the Harford County Code."
Subsection 508.2 is amended by adding the following exception:
"Exception. An accessory agricultural use area located within an agricultural building shall be on the level of exit discharge, shall not be greater than 3,000 square feet in area, and the accessory agricultrual use area does not exceed the tabular values in Table 503 for the allowable height or area for such use."
Subsection 1020.1 is amended by adding the following exception:
"6. Corridors contained within a single tenant space."
Subsection 1101.2 is deleted and the following is inserted in lieu thereof:
"1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with COMAR 05.02.02.
Exception: The design of covered multi-family dwellings as set forth in COMAR 05.02.02.05B(9) shall be in accordance with this chapter and ICC A117.1."
New Subsection 1106.8 is added as follows:
"1106.8 Identification. Each accessible parking space provided shall be identified as set forth in COMAR 05.02.02.07D."
Figure 1608.2 is amended by adding the following note:
Subsection 1612.3 is amended by deleting "insert name of jurisdiction" in the seventh line and inserting in lieu thereof "Harford County, Maryland" and by deleting "insert date of issuance" starting in the seventh line and inserting in lieu thereof "January 7, 2000."
Subsection 1809.5 is amended by deleting Method 1 and inserting in lieu thereof "1. Extending below the frost line established as 30" below final grade."
New Subsection 3001.1.1 is added as follows:
"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."
Subsection 3103.1 is amended by adding "within any 365-consecutive-day period or, with the approval of the building official, multiple periods equaling fewer than 180 days within any 365-consecutive-day period" after the word "days" in the third line.
Subsection 3103.1.1 is amended by deleting "120 square feet (11.16 mm)" in the second line and inserting in lieu thereof "350 square feet (32.55 mm)" and by deleting "10" in the fifth line and inserting in lieu thereof "50".
Subsection 3109.1 is hereby deleted and the following is inserted in lieu thereof:
"3109.1 General. The provisions of this section shall apply to the design of barriers for pools and spas.
No property owner or contractor shall fill a new swimming pool or spa with water until a permanent or temporary barrier has been approved by the Department of Building Safety. A temporary barrier may remain in place for no more than 30 days unless approved by the building official.
Subsection 3109.4 is amended by deleting "3109.4.3" in the third line and replacing it with "3109.4.15".
Subsection 3109.4 is amended by deleting the exception in its entirety.
Subsections 3109.4.1 through 3109.5 are hereby deleted and the following is inserted in lieu thereof:
New Subsection 3301.3 is added as follows:
"3301.3 Housekeeping. Rubbish and trash shall not be allowed to accumulate on construction sites and shall be removed as soon as conditions warrant. Combustible rubbish shall be removed promptly and shall not be disposed of by burning on the premises or in the immediate vicinity. The entire premises and area adjoining around the operation shall be kept in a safe and sanitary condition."