The International Building Code 2021 Edition is amended as follows:
(1) Amend Chapter 1, Section 103.1 to read:
"The Bureau of Permits and Inspections of Carroll County is hereby created, and the executive official in charge shall be known as the Building Official or the Chief of the Bureau of Permits and Inspections, or its successor agency."
(2) Amend Chapter 1, Section 103.2 to read:
"The Building Official shall be a full-time employee who shall enjoy all the privileges afforded all such employees by Chapter 36, Personnel Policies of the County Code."
(3) Amend Chapter 1, Section 104.4 Inspections, to read:
"The Building Official shall make all the required inspections, or shall accept reports of inspection by approved agencies or individuals in the Building Official's discretion, and all reports of such inspections shall be in writing and certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise subject to the approval of the appointing authority. The Building Official shall resolve any ambiguity which may arise regarding any issue dealing with inspections, and said shall be final."
(4) Amend IBC Chapter 1, Section 105.2 Work exempt from permit as follows:
(a) Delete subparagraph one, and amend to read as follows:
"One story detached accessory structures constructed on skids and movable, used as tool and storage sheds, playhouses and other similar uses, provided the floor area is not greater than 150 square feet. Sheds must not be in drainage or utility easements or within five feet of a side or rear property line and must meet all applicable zoning, health and building code regulations." "Membrane covered cable structures and membrane covered frame structures, however these structures shall comply with the setbacks required by Chapter 158 of the County Code, when they are an accessory to an R-3 use."
(b) Amend No. 2 to read "Fences not over 10' in height, however they shall comply with the applicable County, City, and Town zoning regulations. All fences 10' or higher shall be designed to comply with the wind loads as adopted by Carroll County.
(c) Amend No. 9 to read: "Storable swimming or wading pool - those that are constructed on or above ground and are capable of holding water to a maximum depth of 42 inches, with non-metallic, molded polymer walls or inflatable fabric, regardless of dimension." Compliance with all safety standards shall apply and is subject to investigation upon a formal complaint being submitted.
(d) Amend No. 12 to read: "Window awnings, retractable awnings that project from the exterior wall and do not require additional support of R-3 and U occupancies."
(e) Add No. 14 to read: “Replacement of existing light fixtures switches.”
(f) Add No. 15 to read:“Decks not exceeding 200 square feet, that are not more than 24" above grade at any point, are not attached to any building or pool, do not serve any door to any structure, and do not have any footings” when accessory to a residential dwelling unit.
(g) Add No. 16 to read: “Installation of low voltage wiring of 50 volts or less when not associated with a fire protection system.”
(h) Add No. 17 to read: “Replacement of individual residential plumbing fixtures” (excluding kitchen and bathroom remodeling, water treatment devices, solar and heat pump water heaters).
(i) Add No. 18 to read: “Replacement of individual residential LP or Natural gas fixtures” (excluding furnaces and hot water heaters).
(5) Amend 105.3 Application for permit, add #8: "All applicants listed as the contractor of record shall be licensed.
Exceptions:
1. Individual homeowners may be listed as the contractor provided the property is listed in public record as their primary residence (homeowners shall submit a signed affidavit prior to issuing the permit that the property is the owner's primary residence.
2. For a commercial permit, a tenant may be listed as the contractor when only minor or no alterations are planned.
(6) Chapter 1, Section 105.3.1, add four new subsections:
105.3.1.1 Prerequisites to issuance of permit. No permit shall be issued under this code until all PWAs required for the site have been executed by the County Commissioners.
105.3.1.2 Prior to issuance of a building permit, a copy of all applications for building permits shall be furnished to any agency deemed necessary by the Building Official, the Zoning Administrator, the Carroll County Health Department, and the Supervisor of Assessments and any other agency deemed necessary by the Building Official.
105.3.1.3 All approvals by the offices or agencies specified in Section 105.3.1.2 above must be made prior to the general approval of a building permit by the Building Official.
105.3.1.4 Well requirements. No permit for any structure for which plumbing is intended to be installed may be issued unless served by a public water system, or the property has located and installed upon it a lawfully constructed well.
(6.1) Amend Chapter 1, Section 105.3.2 to read:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued. The Building Official may extend the time limit noted herein for good cause."
(7) Amend Chapter 1, Section 105.5 to read:
"Cancellation of permit. Any permit issued shall become invalid and void if the period for which it was issued expires; or if the authorized work is not commenced within one year after issuance of the permit; or if the work has not been completed within two years of the date of issuance; or if there have been no inspections made of the authorized work within any six month period after the commencement of the work. The Building Official may extend the time limit noted herein for good cause."
(8) Amend Chapter 1, to add new subsection 105.6.1 to read as follows:
"The Building Official shall revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or in case of a revocation of an approval by any agency or office whose approval is required pursuant to Section 105.3.1.2."
(9) Amend Chapter 1, Section 105 - PERMITS, to add a new subsection to read:
105.6.2 Withholding permits. Whenever the Building Official shall find that any person, corporation, LLC, partnership, contractor or owner is in violation of the provisions of this code or of the rules and regulations of any other department or agency of the County in connection with the erection, maintenance or repair of buildings, structures, lands or equipment thereon or therein, or has failed to perform any PWA between himself or herself and the County, the Building Official may refuse to grant any further permits to such person, corporation, LLC, partnership, contractor, or owner or the principals in the corporate entity in violation or any other person whose name is required on an application, until all violations have been corrected, or until satisfactory bond has been given to the County Commissioners.
105.6.2 Withholding inspections. Whenever the Building Official shall find that any person, corporation, LLC, partnership, contractor or owner is in violation of the provisions of this code or of the rules and regulations of any other department or agency of the County in connection with erection, maintenance or repair of buildings, structures, lands or equipment thereon or therein, or has failed to perform any PWA between himself or herself and the County, the Building Official upon 15 days' notice may stop work on all active permits that the person, corporation, LLC, partnership, contractor, owner, or the principals of the corporate entity in violation or any other person whose name is required on an application, has outstanding until all violations have been corrected, or until satisfactory bond has been given to the Board of County Commissioners.
(10) Amend Chapter 1, to add new subsection 107.2.6.2, Grading, to read:
"Grading shall be done in accordance with Chapter 152 of the County Code."
(11) Amend Chapter 1, to add Section 107.6 to read:
107.6 Private sewage disposal system. The site plan shall indicate the location of the private sewage disposal system where a public sewer is not available.
(12) Amend Chapter 1, Section 107 to add a new subsection to read:
107.7 Private water systems. If no public water supply is available and to be used, the site plan shall indicate the proposed location of a private well or wells which are to be installed to serve the property.
(13) Amend Chapter 1, Section 109.2, Fee schedule, to read:
"The Commissioners shall adopt a schedule for the determination of permit fees which shall be a part of the official minutes of the Board of County Commissioners, and such schedule shall be posted in the office of the Building Official at all times."
(14) Amend Chapter 1, Section 109.2 to add a new subsection:
109.2.1 A building owned by the state or federal government is not subject to this code; however, any such government may apply without charge for inspection and approval of work on an informal basis.
(15) Amend Chapter 1, Section 109 - FEES to add new subsections to read:
109.4.1 Fees where construction started without a permit. When a person applies for a permit after having performed work without a permit, the permit fee may include the amount assessed as a fine, if not previously paid, and up to an additional$500.00 for the issuance of the permit and up to an additional$500.00 for each inspection which would have been required to have been made had the permit been issued before work began.
109.4.2 Fees where required inspections have been missed. If the person to whom the permit is issued fails to contact the Building Official for a required inspection, in addition to all other requirements of this code, a fine up to an additional$500.00 may be assessed and required to be paid for each missed inspection before the issuance of a use and occupancy permit.
109.4.3 In addition to all other fees incurred, at the discretion of the Building Official, additional fees may be assessed for services outside the scope of the adopted fee schedule for things such as the extension of a permit application, an extension of a permit, the issuance of a temporary use and occupancy permit or when additional inspections are requested.
(16) Amend Chapter 1, Section 109.6, Refunds, to read:
"In the case of a revocation of a permit or cancellation of permit pursuant to Section 105 or abandonment or discontinuance of a building project, the portion of the work actually completed shall be computed, and any excess fee for the incomplete work shall be returned to the permit holder, within 30 days from the date of cancellation. All plan examination, inspections, permit process fees, and penalties that have been imposed on the permit holder under the requirements of this code, and the applicable administrative fee shall first be collected."
(17) Amend Chapter 1, Section 110.3, Required inspections, to read:
"The Building Official shall conduct such inspections as deemed necessary by the Building Official during and upon completion of the work for which the Building Official has issued a permit. The Building Official shall maintain a record of all examinations and inspections and of all violations of this ordinance. The Building Official shall determine whether the owner shall provide for special inspections in accordance with Section 1704."
(18) Amend Chapter 1, Section 110.3 to add two new subsections:
110.5.1 Inspection requests. Requests for inspections must be made at least one business day prior to the day on which the inspection requested is to be conducted. A request for inspection shall be made to the Bureau of Permits and Inspections. The contractor whose name appears as such on the permit must notify the Bureau of Permits and Inspections and request an inspection following each of the phases of construction. The contractor shall not proceed with the construction of the next phase unless the inspection for the prior phase has been completed and approved.
110.5.2 Re-inspections. A re-inspection fee may be charged for each failed inspection.
(19) Amend Chapter 1 to add new Section 110.7, Agricultural buildings:
110.7 Agricultural buildings shall be inspected for compliance with building, plumbing and electrical codes.
(20) Amend Chapter 1, Section 111 by adding a new Subsection 111.1.1 to read:
111.1.1 In the event final grading of the site has not been completed, or is not in accordance with Chapter 152, Grading and Sediment Control, of the County Code, the approved site plan and the Land Grading Specifications of the 1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control, no certificate of use and occupancy shall be issued. A temporary certificate of use and occupancy may be issued to the owner of the property upon presentation of suitable guaranties, as determined by the Building Official, guaranteeing the completion of the grading within a time specified by the Building Official.
(21) Amend Chapter 1, Section 111 - CERTIFICATE OF OCCUPANCY, to add a new sentence at the end to read: Prior to issuance of a use and occupancy permit all approvals by municipalities or other County or state agencies, where required, must be received by the Building Official.
(22) Amend Chapter 1, Section 113.1, Board of Appeals, to read:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the applications or interpretations of this Code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be the County Commissioners or not less than three persons whom the County Commissioners may designate.
(23) Amend Chapter 1, Section 113, to add a new subsection to read:
113.4 Filing fees. Any person filing an appeal shall include a nonrefundable filing fee of $ 150.00.
(24) Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.5 to read:
113.5 Time for filing appeal. An appeal shall be filed within 30 days of the date of the written notice provided by the Code Official of the decision.
(25) Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.6 to read:
113.6 Notice of meeting. The Board, if the County Commissioners, shall meet at its regular meeting day upon notice of the President promptly after the filing of an appeal. If the Board is not the County Commissioners, it shall meet within a reasonable time of the filing of an appeal or at stated periodic meetings if warranted by the volume of work.
(26) Amend Chapter 1, Section 113, Board of Appeals, to add new subsection 113.7 to read:
113.7 Postponed hearing. When all three members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to a postponement of the hearing until all members can be present.
(27) Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.8 to read:
113.8 Board decision. The Board shall affirm, modify or reverse the decision of the Code Official by concurring vote of a majority of the Board. Failure to secure a majority vote of the Board in support of the appellant shall be a confirmation of the Building Official's decision. The Board may assess the costs of the appeal against any party to the appeal.
(28) Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.9 to read:
113.9 Court review. Any aggrieved person, whether a previous party to the appeal, shall have the right of an appeal to a court of competent jurisdiction for judicial review of the decision of the Board. The decision shall be on the record. The appeal to the court shall be filed within 30 days of the decision of the Board and shall be governed by Chapter 200 of Title 7 of the Maryland Rules entitled Judicial Review of Administrative Agency Decisions.
(29) Amend Chapter 1, by adding Section 116.1.1, Costs of emergency repairs, to read:
"Costs incurred in the performance of the emergency work shall be paid by and be the responsibility of the property owner. If the property owner is unwilling or unable to make such payment, then the payment may be made on behalf of the property owner from the treasury of the jurisdiction. All charges paid by the local jurisdiction shall be due when incurred and after 30 days from the date due shall bear interests at the rate of 1% per month until paid. All payments and costs incurred by the jurisdiction shall be liens upon the real property. In addition to being enforced by actions at law, the Tax Collector may sell the real property of the delinquent property owner in the same manner as other properties sold at tax sale."
(30) Amend Code by adding to Chapter 1 a new Section 117 captioned "Demolition" as follows:
Section 117 DEMOLITION
117.1 General. The Building Official shall order the owner of any premises upon which is located any structure, which in the Building Official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure:
a. To demolish and remove such structure;
b. If such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or
c. Where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
117.2 Notices and orders. All notices and orders shall comply with Chapter 1.
117.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Building Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 3-108 of the Code of Public Local Laws.
117.4 Salvage materials. When any structure has been ordered demolished and removed, the Building Official under the contract or arrangement specified in subsection 117.3 shall have the right to sell the salvage and valuable materials at the highest price obtained. The net proceeds of such sale, after deducting the expenses of the demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such surplus does not remain to be turned over, the report shall so state.
(31) Amend Chapter 2, Section 202, Definitions to add:
AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged, nor shall it be a place used by the public.
(31.1) Amend Chapter 5, Table 508.4, to add a new footnote G to read:
"Tenant Separation - All tenant spaces in a non-sprinklered commercial building shall be separated by one hour fire resistance rated assemblies."
(32) Amend Chapter 9, Section 903.3.5, by deleting the second sentence and replacing with:
"The potable water supply shall be protected against backflow in accordance with the requirements of the International Plumbing Code 2021 Edition."
(33) Amend Chapter 10, Section 1011.1 to add a new sentence "all stairways located on any site shall comply with the provisions of this section" and Section 1015, and to
(33.1) Amend Chapter 10 to add a new subsection 1015.2.2 Retaining Walls:
"Retaining walls that are more than 30 inches (762 mm) measured vertically from finish grade to the top of the wall at any point within 36 inches horizontally to the edge of the wall shall comply with the provisions of Section 1015.2 through 1015.4."
(34) Amend Chapter 11, Section 1101.1 to read:
"Scope: The provisions of this chapter shall control the design and construction of facilities for accessibility to physically disabled persons. Facilities that comply with the Maryland Accessibility Law, COMAR 09.12.53 will be considered accessible and any reference to ANSI A117.1 shall mean COMAR 09.12.53."
(35) Amend Chapter 16, Section 1608, Snow Loads, to read:
"All roofs shall be designed for a minimum snow load of 40 PSF ground snow load for unbalanced snow loads."
(36) Amend Chapter 18 to add new Section 1804.4.1 to read:
"Safety features: In the event that extreme grade conditions exist, the Building Official may require that appropriate safety devices (e.g., fences, guardrails, retaining walls, etc.) be installed." Guards, when required, shall be installed pursuant to Section 1015.2 and 1015.4 of the International Building Code 2021 Edition or to the appropriate county standard unless otherwise approved by the Building Official.
(37) Amend Chapter 18, Section 1809.5 to read:
"Frost protection: Except where exempted by the Building Official or erected upon solid rock or otherwise protected from frost, foundation walls, piers, and other permanent supports of all buildings and structures shall extend to the frost line, which is 30 inches below grade and spread footings of adequate size shall be provided where necessary to distribute properly the load within the allowable load bearing value of the soil. Alternatively, such structures shall be supported on piles where earth or rock is not available. Footings shall not bear on frozen soils."
(38) Amend Chapter 18, Section 1809.8 to read:
"Plain concrete: In plain concrete footings, the edge thickness shall not be less than eight inches (203 mm) for footings on soil." Delete Exception in Section 1809.8.
(39) Amend Chapter 31, Section 3102.1 General, to read:
"The provisions of this section shall apply to tents, membrane structures, and other structures erected or intended to be erected for more than seven consecutive days and less than 180 days. Such structures shall also be governed by the Maryland State Fire Codes. Those structures erected for a longer period of time shall comply with Section 3102 or with all applicable sections of this code where Section 3102 is not applicable."
(39.1) Amend Chapter 31, Section 3111.3.5 to add a new subsection:
3111.3.5.2 Security Fence. A security fence shall be provided for ground-mounted photovoltaic systems. The fence shall prevent unauthorized entry and enclose the entirety of the system. The fence shall be located outside the required 10 feet clearance around all equipment and have a minimum height of 6 feet above grade at any point.
(40) Amend Chapter 33, Section 3303, DEMOLITION, to add two new subsections to read:
3303.8 Condition of property upon completion. In addition to any other reasonable conditions which the Building Official may impose upon a permit issued to demolish a structure, the permit shall be conditioned upon the complete disposal of all debris resulting from the demolition and a restoration of the site appropriate to grade with stabilized soil.
3303.9 Final inspection. Upon completed demolition of the structure, removal of debris and complete stabilization of the ground, the permit holder shall request a final inspection. If all work is satisfactorily completed, a certificate of completion shall be issued; if not, the permit holder shall satisfactorily complete the work within the time limit of the permit. If a certificate of completion is not issued in accordance herewith during the time authorized under the permit, the property owner and permit holder (if other than the property owner) shall be deemed in violation of the permit.
(41) Add new Chapter 36, UNDERGROUND FUEL STORAGE TANK PERMIT REQUIREMENTS, to read:
CHAPTER 36
Section 3600.0 UNDERGROUND FUEL STORAGE TANK PERMIT REQUIREMENTS
1. Any person who installs, removes or abandons a commercial underground gasoline or fuel storage tank for petroleum products of any size or a residential tank greater than 1,100 gallons shall obtain a permit from the Bureau of Permits and Inspections before installing, removing or abandoning said tank.
2. The requirements of the current Maryland Fire Prevention Code and Maryland Department of the Environment regulations shall apply.
(42) Add new Chapter 38 to read as follows and add the following text to that chapter with the sections indicated:
CHAPTER 38
Floodplain Construction
3800.1 Definitions.
In this chapter the following terms have the meanings indicated. Any term not defined in this chapter shall have the meaning as defined in Chapter 153 of the Code.
ACCESSORY STRUCTURE - An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.
CERTIFICATE OF OCCUPANCY OR USE - A permit to legally occupy or use a building for the intended purpose.
ELEVATION CERTIFICATE - Federal Emergency Management Administration (FEMA) form on which surveyed elevations and other data pertinent to a property and a building are identified and which shall be completed by a licensed professional land surveyor or a licensed professional engineer, as specified by the Floodplain Administrator. When used to document the height above grade of buildings in special flood hazard areas for which base flood elevation data are not available, the elevation certificate shall be completed in accordance with the instructions issued by FEMA.
FLOOD DAMAGE RESISTANT MATERIALS - Any construction material that is capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Note: See NFIP Technical Bulletin #2, "Flood Damage-Resistant Materials Requirements."
FLOOD OPENING - A flood opening (non-engineered) is an opening that is used to meet the prescriptive requirement of 1 square inch of net open area for every square foot of enclosed area. An engineered flood opening is an opening that is designed and certified by a licensed professional engineer or licensed architect as meeting certain performance characteristics, including providing automatic entry and exit of floodwaters; this certification requirement may be satisfied by an individual certification for a specific structure or issuance of an Evaluation Report by the Increased Cost of Compliance (ICC) Evaluation Service. Inc. [Note: See National Flood Insurance Program (NFIP) Technical Bulletin #1, "Openings in Foundation Walls and Walls of Enclosures."]
FLOOD PROOFING - Any combination of structural or nonstructural changes which reduces or eliminates flood damage to improved property.
FLOOD PROOFING CERTIFICATE - Form supplied by FEMA to certify that a building has been designed and constructed to be structurally dry flood proofed to the flood protection elevation.
FLOOD PROTECTION ELEVATION (FPE). The freeboard required by Carroll County, which is the base flood elevation plus three feet.
HISTORIC STRUCTURE - Any structure that is:
(1) Individually listed in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the Maryland Register of Historic Places.
MANUFACTURED HOME - A transportable building which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
NAVD - North American Vertical Datum of 1988 elevation datum set by the National Geodetic Survey.
NEW CONSTRUCTION - Structures, including additions and improvements, and the placement of manufactured homes, for which the start of construction commenced on or after August 1, 1978, the initial effective date of the Carroll County, Maryland Flood Insurance Rate Map, including any subsequent improvements, alterations, modifications, and additions to such structures.
PERMANENT STRUCTURE - Any structure occupying a site for more than 180 days per year.
RECREATIONAL VEHICLE - A vehicle built on a single chassis which is 400 square feet or less at the longest horizontal projection, self-propelled or towable, and designed primarily for temporary living while traveling or camping.
REPETITIVE LOSS - Flood-related damage sustained by a building on two separate occasions during a ten year period for which the cost of repairs at the time of each event, on the average, equals or exceeds 25% of the market value of the building before the damage occurred.
START OF CONSTRUCTION -
(1) The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
(2) Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(3) For substantial improvements, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before damaged condition would equal or exceed 50% of the market value of the building or structure before the damage occurred. Also used as "substantially damaged" structures. [Note: See "Substantial Improvement/Substantial Damage Desk Reference" (FEMA P-758).]
SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a building or structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official prior to submission of an application for a permit and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
TEMPORARY STRUCTURE - Any structure completely removed within 180 days from issuance of the permit.
WATER-CONVEYING STRUCTURE. A water conveyance, including but not limited to bridges, culverts, dikes, flumes, or levees.
FLOODPLAIN AND STORM DRAINAGE AREAS SUBJECT TO FLOODING BY SURFACE WATERS OR RUNNING STREAMS.
Section 3800.2. Delineation of the floodplain. For the purposes of these regulations, the minimum basis for establishing special flood hazard areas and base flood elevations is the Flood Insurance Study (FIS) for Carroll County, Maryland And Incorporated Areas dated October 2, 2015, or the most recent revision thereof, and the accompanying Flood Insurance Rate Maps (FIRMs) and all subsequent amendments and revisions to the FIRMs. The FIS, FIRM, and Flood Boundary and Floodway Map (FBFM) shall be used to guide the County or any other Authority Having Jurisdiction in determining the relative location of the proposed building or development with respect to FEMA mapped streams, floodplains, or floodways. If building or development is proposed in a contested FEMA or unmapped floodplain, the floodplain shall be delineated in accordance with Chapter 153. The FIS and FIRMs are retained on file and available to the public at the Department of Land and Resource Management, or its successor agency.
3800.3 Permits.
(A) It shall be unlawful for any person to begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area, including but not limited to: filling; grading; construction of new structures and additions; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from the Carroll County. No such permit shall be issued until the requirements of these regulations have been met.
(B) In addition to the permits required in paragraph (A), applicants for permits in nontidal waters of the State are advised to contact MDE. Unless waived by MDE, pursuant to Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, MDE regulates the 100- year frequency floodplain of free-flowing waters," also referred to as nontidal waters of the State. To determine the 100-year frequency floodplain, hydrologic calculations are based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas delineated using the results of such calculations may be different than the special flood hazard areas. A permit from Carroll County is still required in addition to any State requirements.
3800.4 Construction of buildings or other structures in floodplains. Construction of buildings or other walled and roofed structures in the floodplain is prohibited. This includes accessory and temporary structures. Water-conveying structures are not included in this prohibition. A variance cannot be requested for relief of this prohibition. CLOMR-Fs and LOMR-Fs cannot be used to circumvent this prohibition and will not be recognized by the County. Critical facilities, including but not limited to, wastewater treatment plants and pumping stations, are exempt from this prohibition. Recreational vehicles may not occupy a site for more than 180 days out of the year and shall be fully licensed and ready for highway use to be allowed seasonally in the FEMA floodplain. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached additions.
Section 3800.5. Filling. Filling within the floodplain will not be permitted, unless compelling reasons are submitted to the County and approved through the variance process in accordance with Chapter 153. Only the minimum amount of fill necessary to support the buildings will be allowed. Detailed plans will be necessary to evaluate the effect of any filling. Landfills, rubble fills, dumps, and sanitary fills are not permitted in the floodplain. The use of fill may not increase flooding or cause drainage problems on neighboring properties. A variance shall not be granted for any building or fill which will result in any increase in water surface elevations during the base flood unless the applicant acquires floodplain easements on areas outside the property limits that are affected by any water surface rise resulting from the development. Any land disturbance shall be graded and planted with adequate vegetative cover to prevent erosion immediately after disturbance.
Section 3800.6. Existing buildings, manufactured homes, or other structures in the FEMA floodplain. Existing base buildings, manufactured homes, or other structures in the floodplain are nonconforming with respect to this chapter only and shall be substantially improved only if they can be brought into conformance with Chapter 38 without increasing the footprint. Improvements, Modifications, and additions to existing structures are counted cumulatively for 10 years. Reconstruction and repairs shall also be counted cumulatively for 10 years. Minor additions (less than substantial improvement) shall be elevated at least three feet above the elevation of the base flood on pilings or columns. In the event of substantial damage or repetitive loss, the applicant shall submit an alternative analysis to demonstrate that the building cannot be moved out of the floodplain. If a building is replaced in the floodplain, it shall be limited to the footprint of the previous building. Use flood damage-resistant materials below the elevation of the lowest floor.
Section 3800.7. Construction requirements in the floodplain. All buildings shall be oriented so as to offer the least resistance to the flow of flood waters. Materials which are buoyant, flammable, explosive, hazardous to health, or which at times of flooding may be injurious to human, animal, or plant life, shall not be stored less than three feet above the elevation of the base flood. All buildings shall be firmly anchored in accordance with acceptable engineering practices to prevent flotation, collapse, and lateral movement during flooding. All air ducts, large pipes, and storage tanks located below three feet above the elevation of the base flood shall be firmly anchored to resist flotation.
3800.8. Inspections.
The Floodplain Administrator or designee shall make periodic inspections of development permitted in special flood hazard areas, at appropriate times throughout the period of construction in order to monitor compliance. Such inspections may include:
(A) Stake-out inspection, to determine location on the site relative to the flood hazard area.
(B) Foundation inspection, upon placement of the lowest floor and prior to further vertical construction, to collect information or certification of the elevation of the lowest floor.
(C) Inspection of enclosures below the lowest floor, including crawl/underfloor spaces, to determine compliance with applicable provisions.
(D) Utility inspection, upon installation of specified equipment and appliances, to determine appropriate location with respect to the base flood elevation.
(E) Final inspection prior to issuance of the Certificate of Occupancy.
3800.9. Flood protection setback requirement. Any new or replacement buildings shall be located no less than 100 feet from the top of bank of all FEMA mapped streams measured perpendicular to the stream bank and outside of the area calculated to be within the variable width stream buffer per the Carroll County Water Resource Manual. Natural vegetation shall be maintained in the setback zone, and where natural vegetation does not exist along the banks, high priority shall be given to planting trees in the setback area to prevent erosion and enhance aquatic resources.
3800.10. Certifications.
Certifications and/or technical analyses prepared or conducted by a licensed professional engineer or licensed architect, as appropriate, including:
(A) The determination of the base flood elevations or hydrologic and hydraulic engineering analyses prepared by a licensed professional engineer that are required by the Floodplain Administrator or are required by these regulations for: certain subdivisions and development; development in flood hazard areas with base flood elevations but no designated floodways; and deliberate alteration or relocation of watercourses.
(B) The Floodproofing Certificate for nonresidential structures that are floodproofed as required.
(C) Certification that engineered flood openings are designed to meet the minimum requirement to automatically equalize hydrostatic flood forces.
(D) For nonresidential structures that are proposed with floodproofing, an operations and maintenance plan as specified in Section.
(E) Such other material and information as may be requested by the Floodplain Administrator and necessary to determine conformance with these regulations.
Additional Construction Requirements
Section 3800.11. Elevation requirement. All new or substantially improved buildings or repair or reconstruction of repetitive loss shall have the lowest floor elevated three feet above the elevation of the base flood. Basements are not permitted. Less than substantial horizontal additions shall be elevated three feet above the elevation of the base flood. The elevation of the lowest floor shall be certified by a registered professional engineer or surveyor on the elevation certificate form and provided to the Code Official. Enclosures below three feet above the elevation of the base flood shall be constructed with water equalizing vents to meet the specifications of Section 3800.12.
Section 3800.12. Flood opening requirement. Buildings which have been elevated but have fully enclosed foundation areas below three feet above the elevation of the base flood shall be constructed with flood openings. This also includes attached garages and accessory buildings which are not fully elevated. These areas below flood level shall be used solely for parking of vehicles, storage, or access to the building. A non-conversion agreement shall be recorded in these cases and the County shall inspect the area once per calendar year. The flood openings shall meet or exceed the following standards:
a. A minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each enclosure shall have two flood openings on exterior walls;
b. The total net area of all flood openings shall be at least one square inch for every square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc.;
c. The bottoms of all openings shall be no more than one foot above grade;
d. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters to equalize hydrostatic forces on the walls; and
e. If installed in doors, flood openings that meet requirements of paragraphs (a) through (d), are acceptable; however, doors without installed flood openings do not meet the requirements of this section.
Section 3800.13. Utilities.
a. Electric. All electric utilities to the building side of the meter are regulated by this Chapter 170, Construction Codes, and shall be elevated a minimum of three feet above the base flood elevation. Distribution panel boxes shall be a minimum of three feet above the lowest floor. All outlets and electric installations, such as heat pumps, air conditioners, water heaters, furnaces, generators, and distribution systems including duct work, shall be installed a minimum of three feet above the elevation of the base flood.
b. Plumbing. Toilets, sinks, showers, water heaters, pressure tanks, furnaces, and other permanent plumbing installations shall be installed three feet above the elevation of the base flood.
c. Gas. Meters, distribution lines, and gas appliances shall be installed three feet above the elevation of the base flood.
d. Fuel tanks. All propane tanks installed in the floodplain are required to be anchored to prevent flotation in accordance with the National Fire Protection Association (NFPA) 58, 6.6.1.6 which states: "Where necessary to prevent flotation due to possible high flood waters around aboveground or mounded containers, or high water table for those underground and partially underground, containers shall be securely anchored." This chapter also requires that all tanks installed in floodplain areas be either elevated or adequately anchored to prevent flotation up to the FPE. All fuel oil storage tanks installed in the floodplain shall be either elevated or securely anchored to prevent flotation up to the FPE. Vent pipes shall extend to or above the FPE and fill caps below the FPE shall be screw type with a tight-fitting gasket to prevent mixing of water with oil.
e. Water supply and waste disposal facilities. Distribution and disposal collection facilities shall be designed to minimize or eliminate the infiltration of flood waters into the systems or discharges from the systems into flood waters.
Section 3800.14. Sewers and wells. New individual sewage systems, whether public or private, shall be prohibited from being located within the floodplain. Replacement of individual sewage systems, whether public or private, may be located within the floodplain subject to state rules and regulations and any state or county regulations which prohibit location, or otherwise regulate location in floodplain soils, including horizontal separation distance. New or replacement individual wells may be located within the floodplain, subject to state rules and regulations and the Plumbing Code.
A letter shall be sent by the Building Official to the applicant indicating the terms of the variance, identify any increased risk to property in granting the variance, and that increased premium rates for flood insurance coverage may apply.
The Building Official shall maintain a record of all building variances, with a justification for their issuance.
(2004 Code, § 97-4) (Ord. 52-D, passed 11-10-1998; Ord. 02-01, passed 1-3-2002; Ord. 02-19, passed 11-21-2002; Ord. 04-09, passed 4-1-2004; Ord. 04-25, passed 12-22-2004; Ord. 05-06, passed 6-21-2005; Ord. 07-06, passed 4-19- 2007; Ord. 2010-01, passed 2-25-2010; Ord. 2010-09, passed 6-10-2010; Ord. 2011-04, passed 5-17-2011; Ord. 2012-03, passed 5-10-2012; Ord. 2014-09, passed 10-30-2014; Ord. 2015-05, passed 6-25-2015; Ord. 2015-06, passed 9-3-2015; Ord. 2015-10, passed 12-8-2015; Ord. 2018-01, passed 3-1-2018; Ord. 2019-05, passed 10-31-2019; Ord. 2022-01, passed 12-16-2021; Ord. 2022-10, passed 8-25-2022; Ord. 2023-09, passed 8-24-2023)