The county hereby adopts the International Residential Code, 2021 Edition including the amendments adopted by the State of Maryland in the Maryland Building Performance Standards (COMAR 05.02.07) with the amendments described and shown below.
Subsection R102.7.1 is hereby deleted in its entirety and replaced with the following:
The alteration, repair, addition and change of occupancy of existing structures in Frederick County shall be governed by the Maryland Building Rehabilitation Code (International Existing Building Code) adopted under the authority of the State of Maryland, Department of Housing and Community Development, Annotated Code of Maryland Local Government Article § 12-1004 (COMAR 05.16)
Subsection R105.2, Work exempt from permit - Building - Subparagraph 1 is hereby deleted and replaced with the following:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 150 square feet.
Subsection R105.2, Work exempt from a permit - Building Subparagraph 10 is amended as follows:
Replace 200 sq. ft. with 150 sq. ft.
[Items 2-10 unchanged]
11. Farm Stands
Subsection R105.2 is hereby amended to add the following:
R105.2 (11) Agricultural Buildings and Farm Stands. The provisions of this code shall not apply to the construction, alteration, addition, repair, removal, demolition, use, location or maintenance of agricultural buildings and farm stands. This provision does not exempt the owner from obtaining required zoning certificates, electrical or plumbing permits, nor from complying with all other applicable local, state and federal regulations, laws, and ordinances. An "agricultural building" for purposes of this subsection means a building or structure utilized for agricultural activity as defined in the International Building Code:
"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."
A "farm stand" for purposes of this subsection means:
"Farm Stand": A structure that does not exceed 600 square feet which may be used to process, treat, or package agricultural products, the majority of which are produced on the farm. A Farm Stand may not be used as a place of human habitation or employment, nor used or occupied by the public.
Subsection R105.2 Electrical Subsection Exemption #4 is deleted in its entirety.
Subsection R105.3.1.1 is hereby deleted in its entirety.
Subsection R105.5 - Expiration, is hereby deleted and replaced with the following:
R105.5 Expiration. Every permit issued shall expire one year from the date of issuance unless the final building inspection has been approved, or an extension has been granted. The building official is authorized to grant, in writing, a one (1) year extension prior to the expiration date of the permit, provided that work on the site authorized by such permit is commenced within (one) 1 year of permit issuance. Commencement of work is evidenced by the building official's approval of the first required building inspection. The extension shall be requested in writing and justifiable cause demonstrated.
IRC Chapter 2. Definitions
The following new definition is hereby added:
Mobile home. A transportable structure built prior to June 15, 1976, otherwise meeting the same dimensional limits as used to describe a manufactured home.
The definition of manufactured home is hereby modified by adding the following language to the end of the definition:
All manufactured/mobile homes designed and built solely for residential purposes or human habitation must bear a HUD label certifying compliance with the federal standards. Non-labeled manufactured homes and mobile homes shall be prohibited from being relocated into Frederick County.
Table R301.2 is to be filled in as follows with the deletion of Manual J design criteria requirement:
Ground Snow Load (pounds per square foot) = 30 psf except as required by Figure R301.2
Wind Speed 115 (MPH)
Topographic Effects = No
Special Wind Region = No
Wind-Borne Debris Zone = No
Seismic Design Category = B
Subject to damage from
Weathering = Severe
Frost Line Depth = 30 inches
Termite = Yes (moderate/heavy)
Winter Design Temp. = 12 deg. F
Table R301.2 is hereby modified by the addition of the following:
Ice shield underlayment requirement = Yes
Flood hazard = As determined by Division of Planning and Permitting
Air freezing index = Greater than 1,500
Mean annual temperature = 52 degrees Fahrenheit
Section R313 is hereby deleted in its entirety
Section R319 is hereby deleted in its entirety and replaced with the following:
Section R319 Site Address and Premises Identification shall be in accordance with the Frederick County Address Ordinance No. 05-01-362.
Subsection R403.1.4.1, Frost Protection - The exceptions are deleted and amended to read as follows:
1. Freestanding accessory storage structures with an area of at least 150 square feet but less than 401 square feet, and an eave height of not more than 10 feet (3048 mm) shall not be required to be protected, but structures that are less than 401 square feet must be provided with a minimum of 4 permanent tie-downs that are designed to withstand the applicable wind load requirements according to the adopted building code.
2. Decks exceeding 150 square feet in area and not supported by a dwelling will require footings according to the building code unless joist members are in direct contact with the earth.
3. Structures with an area 401 square feet or more will require permanent footings and/or foundations according to the applicable sections of the building code.
R807.1 Attic Access is hereby amended to add the following:
Where air-handling units, water heaters, or similar equipment are installed in attics in residential structures, access to the attic opening shall be provided by a permanent or pull-down stairway in all new construction.
IRC Chapter 11 is hereby deleted in its entirety. The provisions of the International Energy Conservation Code 2021, shall govern the design and construction of buildings in regard to energy efficiency.
IRC Chapters 12 – 23 are hereby deleted in their entirety. Regulation of the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions within the building shall be installed according to the International Mechanical Code 2021 or the Mechanical Code adopted pursuant to the provisions of Md. Code Ann., Business Regulations Article, § 9A-205.
IRC Chapter 24 is hereby deleted in its entirety. The provisions of the International Fuel Gas Code 2021, shall govern the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of fuel gas equipment and systems.
IRC Chapters 25 – 33 are hereby deleted in their entirety. The provisions of the International Plumbing Code, as adopted by Frederick County, shall govern the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems.
IRC Chapters 34 - 43 are hereby deleted in their entirety. Electrical components, equipment and systems used in buildings and structures shall be designed and constructed in accordance with the Frederick County Electrical Code.
IRC Chapter 44 - Standards listed in this chapter shall be considered part of the requirements of this code. Where differences occur between provisions of this code and the referenced standard, the provisions of this code shall apply.
IRC Appendix E -Manufactured housing used as dwelling, is hereby adopted with the following amendments:
The definition of manufactured home in Appendix E, AE103 is hereby deleted and replaced with definition of manufactured home in IRC Chapter 2.
Sections AE104, AE105, AE106, AE107 are hereby deleted in their entirety and Chapter 1, Administration, as adopted by Frederick County shall govern applications for permits, permit issuance, and fees.
IRC Appendix F, Radon control methods, is hereby adopted, with the following amendments:
Addition of the following exception:
Buildings in which an approved mechanical crawl space ventilation system or other equivalent system is installed, or that are passively ventilated in accordance with section R408.2 of this code.
Sections AF103.5.3 and AF103.6.1 are hereby amended to add the following text:
Vent pipe must extend vertically straight through the roof for passive sub-membrane depressurization systems.
Exception: No single offset shall exceed 45 degrees to jog the vent pipe around an obstacle.
IRC Appendix H - Patio covers, is hereby adopted in its entirety.
IRC Appendix J - Existing Buildings and Structures
IRC Appendix K - Sound transmission, is hereby adopted in its entirety.
IRC Appendix S - Strawbale construction, is hereby adopted in its entirety.
The following appendices are hereby adopted in their entirety:
IRC Appendix M – Home Day Care – R3 Occupancy
IRC Appendix R - Light Straw-Clay Construction
IRC Appendix S – Strawbale Construction
(Ord. 80-21-173, 7-15-1980; Ord. 81-10-200, 4-28-1981; Ord. 82-6-250, 4-13-1982; Ord. 84-32-329, 12-11-1984; Ord. 85-43-375, 11-26-1985; Ord. 87-23-455, 8-4-1987; Ord. 89-15-546, 3-21-1989; Ord. 91-06-006, 4-16-1991; Ord. 91-19-019, 8-8-1991; Ord. 95-13-137, 7-24-1995; Ord. 99-10-237, 6-29-1999; Ord. 02-06-302, 4-4-2002; Ord. 05-31-392, 11-29-2005; Ord. 08-18-494, 6-17-2008; Ord. 10-13-548, 6-8-2010; Ord. 12-11-606, 6-14-2012; Ord. 14-23-678, 11-13-2014; Bill No. 15-03, 6-16-2015; Bill No. 19-21, 1-21-2020; Bill No. 22-04, 3-1-2022; Bill No. 24-04, 5-21-2024)