[HISTORY: Adopted by the Board of County Commissioners (now County Council) 11-13-2012 by Ord. No. 2012-12. Amendments noted where applicable.]
A certain document, copies of which are on file in the Department of Permits and Inspections of Cecil County, being marked and designated as the "International Energy Conservation Code, 2015 Edition," as published by the International Code Council, be and is hereby adopted as the Energy Conservation Code of Cecil County, Maryland, for regulating and governing energy-efficient envelopes and installation of energy-efficient mechanical, lighting and power systems as therein provided, providing for the issuance of permits and collection of fees therefor; and each and all regulations, provisions, penalties, conditions and terms of said Energy Code on file in the Office of Permits and Inspections are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter.
[Amended 7-5-2016 by Bill No. 2016-12]
Additional requirements concerning energy conservation for buildings and structures may be required by the Energy Conservation Building Standards, Public Utilities Article, §§ 7-401 through 7-408, Annotated Code of Maryland, as amended.
The International Code Council issues an amended Energy Conservation Code approximately every three years. Amendments incorporated into subsequent International Energy Conservation Codes are hereby adopted prospectively. The date that such amendments shall be effective in Cecil County shall be the date when the Director of Permits and Inspections shall have received copies of said future editions and shall have presented to and received adoption by the Cecil County Council as the new official Energy Conservation Code of Cecil County.
[Amended 7-5-2016 by Bill No. 2016-12]
The following sections of the 2015 International Energy Conservation Code are hereby revised and amended as follows:
Section C101.2.1 Additional requirements concerning energy conservation for buildings and structures may be required by the Energy Conservation Building Standards, Public Utility Companies article, §§ 7-401 through 7-408, Annotated Code of Maryland, as amended.
Section C108.4 Failure to comply.
Section C202 General Definitions.
- ADD: EQUIVALENT MODIFICATION
- Per the flexibility intended in the IECC, the State of Maryland shall recognize alternatives accepted by the County for the design and conservation of energy for buildings that, when installed, reduce annual energy usage or reduce the annual cost of energy usage equal to or less than the amount specified within any pathway in the current IECC edition or corresponding Residential Code edition. Allowable energy neutral trade-offs shall include, but not be limited to, building air tightness, building envelope and fenestration components, equipment, duct tightness, lighting, appliances and renewable energy systems.
Section 405 Electrical Power and Lighting Systems.
All fees shall be established by the County as provided for by law. Copies of the fee schedule will be available in the Department of Permits and Inspections.
As used in this chapter, the following terms shall have the meanings indicated:
- The party to whom a permit for the building or structure not in compliance was issued and shall also include any party actually performing the work of construction upon said building. The builder/contractor shall also include any officer of any corporation, any partner of any partnership or any related corporation, partnership, limited-liability company or limited-liability partnership owned in whole or in part by any aforementioned party.
- The building, plumbing, mechanical, electrical or energy codes or other construction-related codes adopted by Cecil County and enforced by the Department of Permits and Inspections.
- CODE OFFICIAL
- The official or his designee appointed by the County Executive, who is charged with the enforcement of the building, plumbing, mechanical, electrical and energy codes or other construction-related codes as adopted by Cecil County.
- PERSON; OWNER
- Any person, corporation, association, partnership, firm, syndicate, joint venture, limited-liability corporation, or organization of any kind holding title to any land or lot in the County; lessees, tenants and principal occupants of any land or lot in the County or agent of persons holding title to such lands or lots, having care, custody, control or management of land or lots in the County for others.
- STOP-WORK ORDER
- A legal notice posted on a specific property, building, structure or equipment by a Code Official, indicating that a violation(s) of a code enforced by the Department of Permits and Inspections has been found and therefore all construction, alterations or repairs on the specific premises or equipment shall be stopped until such time as any and all violations have been remedied.
- Any person or authorized agent who constructs, enlarges, alters, repairs, moves, demolishes, or changes the occupancy of a building or structure or erects, installs, enlarges, repairs, removes, converts or replaces any gas, mechanical, plumbing, energy or electrical system, the installation of which is regulated by the codes enforced by the Department of Permits and Inspections, or to cause such work to be done without obtaining the proper permits or which are found to be in noncompliance with the applicable codes.
Suspension. Whenever the Department of Permits and Inspections or any designated Code Official of the County determines that an owner or contractor, as defined in this chapter, is in violation of the provisions of this code or other rules and regulations of any other department or agency of Cecil County in connection with the erection, alteration or demolition of buildings, structures, lands, or equipment thereon or therein, the Director of Permits and Inspections or his designee may suspend all active permits and inspections necessary which the individual has acquired or may need until such time as any and all violations have been corrected.
Withholding. Whenever the Department of Permits and Inspections or any designated Code Official of the County shall find that any contractor or owner, as defined in this chapter, is in violation of this code or the rules and regulations of any other department or agency of Cecil County in connection with the erection, alteration or demolition of buildings, structures, land or equipment thereon or therein, the Director of Permits and Inspections or his designee may refuse to grant any additional permits to the contractor or owner until all such violations have been corrected.
Revocation. The Department of Permits and Inspections or any designated Code Official of the County may revoke a permit or approval issued under the provisions of the code when it is determined that any owner or contractor, as defined in this chapter, is in violation of this code in the case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. If any permit is issued in violation of the provisions of this code or other laws, resolutions and regulations of Cecil County, or laws of the State of Maryland, or without proper authority, it may be voided as if it had never been issued.
Notice. Once it has been determined by the designated Code Official that a violation of the provisions of this code or any other construction-related code of the County has occurred, notice shall be sent to the owner or contractor, as defined in this chapter, who is responsible for said violation, advising said owner or contractor. Said notice shall be presumed received upon being mailed to the address of said owner or contractor that is provided for on the permit issued to said owner or contractor for said building/structure three days after mailing. If no permit exists, said notice shall be presumed received upon being mailed to the address for the individuals responsible based on tax assessments or other information available three days after mailing. Until such violation has been corrected, the Department of Permits and Inspections and/or any appropriate Code Official of the County shall have the power to withhold any further permits requested by said owner or contractor.
Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building, structure or equipment in violation of an approved plan or directive of the Code Official of his designee or of a permit or certificate issued under the provisions of this code may be liable upon judicial finding of said violation to a fine of not more than $1,000 or imprisonment for not more than 90 days and, in addition, shall pay all costs and expenses associated with the County's abatement of said violation, as well as any and all fair and reasonable attorneys' fees incurred as a result of said abatement efforts. Each day a violation exists shall be deemed a separate offense. Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.
Unlawful continuance. Any person who shall continue work in or about the structure 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 conditions, shall be liable for a fine of not less than $250 and not more than $1,000 and shall be liable for all costs, expenses and reasonable attorneys' fees associated with the County's administrative actions and/or legal proceedings taken to discontinue any such work after the service of said stop-work order. Each day that a violation continues shall be deemed a separate offense.