§ 81-36 HORIZONTAL ADDITIONS.

   (A)   A horizontal addition proposed for a building or structure that was constructed after the date specified in § 81-1 shall comply with the applicable requirements of §§ 81-19 through 81-30 and this section.

   (B)   In nontidal waters of the state that are subject to the regulatory authority of MDE, all horizontal additions shall comply with the applicable requirements of §§ 81-19 through 81-30 and this section and:

      (1)   If the addition is structurally connected to the base building, the requirements of division (C) below apply.

      (2)   If the addition has an independent foundation and is not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance.

   (C)   For horizontal additions that are structurally connected to the base building:

      (1)   If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of §§ 81-19 through 81-30 and this section.

      (2)   If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of §§ 81-19 through 81-30 and this section.

   (D)   For horizontal additions with independent foundations that are not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance.

   (E)   A horizontal addition to a building or structure that is not substantial improvement, and is not located in nontidal waters of the state, is not required to comply with this section.

[Note: See "Substantial Improvement/Substantial Damage Desk Reference" (FEMA P-758).]

(Ord. 02-2014, passed 4-21-2014)