[HISTORY: Adopted by the Commissioners of
the Town of Ridgely 11-3-1986 by Ord. No. 86. Amendments noted where
applicable.]
The Commissioners of Ridgely deem it beneficial
to the public health, safety and welfare of the citizens of Ridgely
to establish minimum standards governing materials and methods of
building construction.
[Amended 7-6-1998 by Ord.
No. 168; 5-3-1999 by Ord. No. 187; 3-3-2008 by Ord. No. 308; 4-3-2017 by Ord. No. 373]
A.
The
Commissioners of Ridgely hereby adopt the following codes, as amended
in this chapter, as the Building Code for the Town of Ridgely (hereinafter
referred to collectively as "the code"):
(1)
The current version of the Maryland Building Performance Standards
("MBPS"), as set forth in COMAR 05.02.07.01 et seq., as amended from
time to time by the Department of Housing and Community Development
("DHCD");
(2)
The current version of the International Building Code ("IBC"), as
amended and updated from time to time by the International Code Council
("ICC");
(3)
The current version of the International Residential Code for One-
and Two-Family Dwellings ("IRC"), as amended and updated from time
to time by the ICC;
(4)
The current version of the International Energy Conservation Code
("IECC"), as amended and updated from time to time by the ICC; and
(5)
The current version of the Maryland Accessibility Code ("MAC"), as
set forth in COMAR 05.02.02.01, et seq. as amended from time to time
by the DHCD.
B.
Amendments.
The IRC is amended and revised as shown below:
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R113.4 Violation penalties. Any person, firm or corporation violating any of the provisions of this code, failing to comply with the requirements hereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be deemed guilty of a municipal infraction. Each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted shall be deemed a separate offense. A violation of this code shall be punishable as set forth in Chapter 75 (Building Construction), § 75-5 of the Code of the Town of Ridgely, as amended from time to time.
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C.
Interior automatic fire sprinkler systems.
(1)
In addition to the provisions of the IRC as adopted
by the Commissioners of Ridgely, all new one- and two-family residential
dwellings shall be equipped with an interior fire sprinkler system.
(2)
The requirement for interior automatic fire sprinkler
systems shall apply to all new one- and two-family dwellings (including
modular homes) for any existing lot for which a building permit has
not been issued and to any new subdivision which has not received
final plat approval as of the effective date hereof.
(3)
The requirements shall not apply to:
(a)
The rebuilding, refurbishment, renovation, or alteration of a residence in existence as of the effective date of this Subsection C, unless such existing structure is razed and is to be replaced by a new principal structure.
(b)
Accessory or uninhabitable structures (e.g.,
detached carports, detached garages with no habitable space, and sheds).
(4)
Automatic fire sprinkler systems required by this Subsection C must 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 backflow valves are installed.
(5)
Interior automatic fire sprinkler systems shall be
installed and maintained in all new one- and two-family dwellings
in accordance with the most recent version of Standard 13D, " Installation
of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured
Homes," as promulgated by the National Fire Protection Association
(NFPA), and as modified and adopted by the Maryland State Fire Prevention
Code, Maryland Code Annotated, Public Safety Article, Title 9, as
amended from time to time.
[Added 12-1-1996 by Ord.
No. 138; amended 8-4-1997 by Ord. No. 147; 8-3-1998 by Ord. No. 171; 4-5-1999 by Ord. No. 183; 5-3-1999 by Ord. No. 187; 4-3-2017 by Ord. No. 373]
A.
Repeal
of old laws. That part of Ordinance No. 86 that adopted the BOCA Basic
National Building Code, 1984 Edition, shall have no effect after December
31, 1996. Ordinance No. 133, reconstituting the Code Appeals Board,
is hereby repealed.
B.
The IRC enacted by § 75-2 shall continue in full force and effect and be unaffected by this section, except as otherwise provided herein.
C.
Savings clause. Nothing in this section shall be construed to affect any pending legal proceeding or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any law repealed as cited in Subsection A above, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
D.
Conflict
of law.
(1)
In the event of a conflict between the provisions
of the Maryland Plumbing Act [Title 12 of the Business Occupations
and Professions Article of the Annotated Code of Maryland (1995 Replacement
Volume)] or corresponding feature thereof and the provisions of Chapter
29 and the Plumbing Code listed in Chapter 35 of the BOCA National
Building Code, the provisions of the Maryland Plumbing Act shall govern.
(2)
In the event of a conflict between the provisions of the Maryland
Plumbing Act or corresponding features thereof and the provisions
of Chapter 29, Plumbing Systems, and Chapter 35, Referenced Standards
of the IBC, as either may be amended from time to time, the provisions
of the Maryland Plumbing Act[1] shall govern.
[1]
Editor's Note: See § 12-101 et seq., of the
Business Occupations and Professions Article of the Annotated Code
of Maryland.
(3)
In the event of a conflict between the provisions of the Maryland Plumbing Act or corresponding feature thereof and the provisions of Part VII, Plumbing and Chapter 44, Referenced Standards of the IRC, as either may be amended from time to time. the provisions of the Maryland Plumbing Act shall govern.
(4)
Except as provided in Subsection D(l) and (2), in the event of a conflict between this section and another law, the more restrictive one shall be favored; however, the IRC and Chapter 136, Property Maintenance of the Code of the Town of Ridgely, as either may be amended from time to time, are not intended to be preempted or adversely affected by the enactment of this section, and, whenever possible, an interpretation shall be favored that harmonizes this section with the provisions of the aforementioned codes.
(5)
In the event of a conflict between the provisions of the MBPS or
the MRC and the IBC, IRC, or IECC, as any may be amended from time
to time, the MBPS or the MRC, as appropriate, shall govern.
E.
Changes.
The IBC is amended and revised as shown below:
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101.1 Title. "The Town of Ridgely" is hereby deemed
inserted in lieu of (NAME OF JURISDICTION).
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Section 103, Department of Building Safety: Insert "Subject
to the approval of the Commissioners of Ridgely" in the beginning
of Sections 103.1, 103.2 and 103.3.
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105.1 Required: Delete "move, demolish or change
the occupancy of" and replace with "move or demolish."
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109.2 Schedule of permit fees: Delete "by the applicable
governing authority" and replace with "and amended from time to time
by resolution of the Commissioners of Ridgely."
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Section 113, Board of Appeals: Delete in its entirety.
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114.2 Notice of violation: Delete "The building
official is authorized to serve a notice of violation or order on"
and replace with "The Code Enforcement Officer shall cause to be sent
a notice of violation or order to."
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114.4 Violation penalties: Delete in its entirety and replace with "A violation of this code or any rule, regulation or order promulgated by any officer or agency of the town under authority vested in such officer or agency by this code shall be punishable as set forth in Chapter 75 (Building Construction), § 75-5 of the Code of the Town of Ridgely, as amended from time to time."
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115.3 Unlawful continuance: Delete "shall be subject to penalties as prescribed by law" and replace with "shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 and/or by imprisonment not exceeding 90 days, to the extent permitted by law; otherwise, any such person shall be guilty of a civil infraction, punishable as set forth in Chapter 75 (Building Construction), § 75-5 of the Code of the Town of Ridgely, as amended from time to time."
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116.3 Notice: Delete "serve on" and replace with
"cause to be sent to."
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116.4 Method of service: Delete Subsection (b) and replace with "(b) sent by first-class mail, postage prepaid, to the property owner at the property owner's address on the property tax rolls, and an inference that the property owner timely received the mailing shall arise upon proof that such notice was so mailed and that the sender did not receive it back from the postal authorities."
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Section 202, Definitions: Delete the definition of "swimming
pool" and replace with the following:
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Private swimming pool: Any structure that contains water over
36 inches in depth and which is used, or intended to be used, for
swimming or recreational bathing in connection with an occupancy in
Use Group R-3 and which is available only to the family and guests
of the householder. This includes in-ground, aboveground and on-ground
swimming pools, hot tubs and spas.
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[Amended 4-3-2017 by Ord.
No. 373]
The code shall control all matters concerning or connected with the construction, alteration, addition, repair, removal, demolition, use, location and occupancy of all buildings. The code shall be used in conjunction with and in addition to the Property Maintenance Code enacted as Chapter 136, Property Maintenance of the Code of the Town of Ridgely.
[Amended 5-3-1999 by Ord. No. 187; 4-3-2017 by Ord. No. 373]
Any person, firm or corporation who or which acts or will act as the transferor of property or any interest in property or as the owner or contractor on any structure, remodeling or structural repair and who or which shall violate the provisions of the code or of this chapter shall be guilty of a municipal infraction. Each day that a violation continues after the transferor, applicant, contractor or owner receives notice of the violation in accordance with the terms and provisions of the code shall be deemed a separate violation. A violation of this chapter shall be a Class A violation and punishable as set forth in Chapter 115, Misdemeanors and Municipal Infractions, of the Code of the Town of Ridgely, as amended from time to time. This section is intended to be read in harmony with the code; however, this section shall be deemed to control in the event of any conflict and only to the extent of such conflict.
[Amended 4-3-2017 by Ord.
No. 373]
A Housing Appeals Board is hereby created. The Board shall consist
of two individuals living within or without the Town limits and who
shall have such experience, interest or qualifications as the Commissioners
of Ridgely deem appropriate, as well as the members of the Board of
Zoning Appeals. The Board shall hear appeals from persons aggrieved
by actions of the Code Enforcement Officer under this chapter. The
Board may, for good cause shown, rescind notices of violation and/or
make such other reasonable conditions with regard to any housing violation
or enforcement order as may be appropriate under the circumstances.
All hearings before the Board will be recorded. All decisions by the
Board will be rendered, in writing, within 30 days of the hearing
on the violation or enforcement order.
Within 30 days of the date of a decision by
the Housing Appeals Board, any party aggrieved by that decision may
appeal to the Circuit Court for Caroline County.
[Amended 4-3-2017 by Ord.
No. 373]
Except as hereinbefore amended, the text of both the IBC and
the IRC is incorporated herein as if fully set forth.
[Added 5-5-2003 by Ord. No. 243]
All public works to be constructed within the
corporate limits of Ridgely, and all work performed by utility contractors
within such corporate limits, shall conform to the requirements of
a certain document entitled "Standard Details for Public Works and
Utility Contractors, Oct. 1, 1998," as revised by URS Corporation,
a copy of which is on file with the Clerk of the Town.
[Added 5-2-2011 by Ord. No. 341]
A.
Definition
of “temporary portable storage unit”: any unit, including,
but not limited to, a trailer, box, or other shipping container, which
is used as impermanent storage space, whether the unit is located
at a facility owned or operated by the owner or lessee or at another
location designated by the owner or lessee.
B.
Temporary
portable storage units are permitted only as an accessory use to an
existing principal structure, and shall meet all building setbacks
as required under the Ridgely Zoning Ordinance, except that no such
storage unit shall be located closer than six feet to any property
line.
C.
It shall
be unlawful for any person to place or permit the placement of a portable
storage unit on property which he or she owns, rents, occupies or
controls without first obtaining a permit and approval from the Building
Official. The exterior of the storage unit shall have a weatherproof
clear pouch, which must display the permit.
D.
Application
for a permit under this section shall be accompanied by a site drawing
showing the location on the property where the unit will be placed,
the size of the unit and the distance to all applicable property lines
and all other buildings or structures.
E.
No portable
storage unit shall be placed on any one property in excess of 180
days. Such period may be extended by the Zoning Administrator in instances
where delay in completion of the project for which the mobile storage
unit is required does not result from any action or inaction by the
property owner but, instead, is the result of extreme weather conditions,
scarcity of materials, reasonably unforeseeable building conditions
or loss due to fire occurring after the commencement of the project
for which the storage unit is required.
F.
Violation
of this chapter shall be a municipal infraction and, in the instance
where a permit has been issued, shall result in the cancellation of
such permit.
