The International Building Code 2015 (hereinafter referred to as the Code) published by the International Code Council, Inc., is hereby adopted and by reference thereto is made a part of this chapter with the same force and effect as though set out in full herein, save and except such changes, amendments, revisions, deletions, substitutions and/or additions as are specified in this chapter. If conflicts arise between this code and other codes adopted by the State of Maryland or Garrett County, the more restrictive provisions shall govern. At least one copy of this code and supplements thereto shall be on file and open for public use, examination, and inspection in the Office of the Clerk to the Board of County Commissioners.
(A) Modifications to the International Building Code.
(1) The following provisions of the Code are hereby deleted:
(a) Chapter 1, Sections 110.3.4 thru 110.3.10.
(b) Chapter 11, Sections 1101.2 thru 1110.3.
(2) The following are changes or additions to certain sections of the code.
(a) Chapter 1, Section 101.1 is hereby amended by adding “Garrett County” after the word “of” and before the word “hereinafter”.
(b) Chapter 1, Section 103.1 is deleted and the following inserted in lieu thereof:
“103.1 Code official: The position of Code Official is hereby established as the Building Official. The position of Code Official shall fall under the supervision of Director of the Office of Permits and Inspection Services established by the Board of County Commissioners.”
(c) Chapter 1, Section 103.3 is deleted and the following is inserted in lieu thereof:
“103.3 Deputy: During the temporary absence or disability of the Code Official, the Director of Permits and Inspections Services may either assume the position of Code Official or designate a qualified subordinate in the Office of Permits and Inspections to do so. The Director shall exercise all the powers of the Code Official until his return to office.”
(d) Chapter 1, Add a new Section 104.12 to read as follows:
“104.12 Withholding of Permits: Whenever the Code Official shall find that any person, agent, firm or corporation, whether as owner lessee or occupant is in violation of the provisions of this code or of the rules and regulations of any other department or agency of Garrett County in connection with the erection, or repair of buildings, structures, lands, or equipment then or therein,, may refuse to grant any further permits or inspections until all violations have been corrected and approved.”
(e) Chapter 1, Section 105.2 #1 is hereby amended by deleting “120" and inserting “240”.
(f) Chapter 1, A new Section 105.2 #14 is added as follows:
“105.2 #14 Agricultural structures: The provisions of this Code shall not apply to the construction, maintenance or alternation of buildings or structures on farms which are zoned or assessed agricultural, and used only for agricultural pursuits if such buildings and/or structures are not intended for nor used for human occupancy.”
(g) Chapter 1, Section 105.3 is hereby amended by deleting the words department of building safety on the third line and inserting the “Office of Permits and Inspections Services”.
(h) Chapter 1, Section 105.5 is hereby amended by deleting “within 180 days after its issuance” and inserting “within 12 months after its issuance” and by deleting “for a period of 180 days” and inserting “for a period of 12 months” in the first sentence and by inserting “provided the extension is granted prior to the 12 month deadline” at the end of the second sentence.
(i) Chapter 1, Section 107.1 is hereby amended by deleting “where required by the statutes of the jurisdiction in which the project is to be constructed” in the second sentence and inserting “in accordance with Table 1071.”
(j) Chapter 1, New Table 107.1 is added as follows:
Table 107.1
REGISTERED PROFESSIONAL REQUIRED
Use Group | Professional Required |
Use Group | Professional Required |
A Assembly buildings | Architect and/or structural engineer |
B: Business | Architect and/or structural engineer |
E: Educational | Architect and/or structural engineer |
F: Factory | Architect and/or structural engineer |
H: High hazard | Architect and/or structural engineer |
I: Institutional | Architect and/or structural engineer |
M: Mercantile | Architect and/or structural engineer |
R-1: Hotel/motel | Architect and/or structural engineer |
R-2: Multi-family | Architect and/or structural engineer |
R-3: Single family and duplex | None |
R-4: Single family and duplex | None |
S-1 and S-2: Storage building | Architect and/or structural engineer |
U: Utility building | None |
(k) Chapter 1, Section 107.2.2 is hereby amended by inserting “to the Maryland State Fire Marshal” after the word “submitted”.
(l) Chapter 1, Section 107.2.5 is hereby amended by deleting the first word “The” and inserting the following phrase in lieu thereof “In those instances when a proposed building project is commercial, industrial, multi family, and or located within an area of the county or municipality within zoning regulations requiring a site plan,”.
(m) Chapter 1, Section 109.2 is hereby amended by deleting “the applicable governing authority” and inserting “resolution of the Board of County Commissioners.”.
(n) Chapter 1, Section 109.6 is deleted and the following is inserted is lieu thereof:
“109.6 Refunds: Where no work has been done under a permit issued under this chapter, the holder of the permit may deliver the permit to the Office of Building Permits and Inspections, and upon cancellation thereof shall be refunded 50% of the fee paid therefore, provided that the application for the refund is made within 12 months of permit issuance. When a permit is disapproved or withdrawn, the applicant shall be refunded 50% of the fee paid. In either case, no refund shall be made until all plan examination fees, permit processing fees, and all penalties which may have been imposed on the permit holder under the requirements of this Code shall first be collected.”
(o) Chapter 1, Section 110.3 is deleted and the following inserted in lieu thereof:
110.3 Building inspections: After issuing a building permit, the Code Official in accordance with the approved rules’ shall conduct inspections of the permitted work to final inspection as the basis for the issue of a use and occupancy permit required by Section 111 and maintain a record of all such inspections and all violations of this code.
(p) Chapter 1, Section 110.3.1 is deleted and the following is inserted in lieu thereof:
110.3.1 Plant inspection: When required by the provisions of this code or by the “approved rules”, materials or assemblies shall be inspected at the point of manufacture or fabrication in accordance with Section 1703.7.
(q) Chapter 1, Section 110.3.2 is deleted and the following is inserted in lieu thereof:
“110.3.2 Special inspections. When the project design architect/engineer specifies particular special inspections in accordance with Chapter 17 the building permit applicant shall provide them.”
(r) Chapter 1, Section 110.3.3 is deleted and the following is inserted in lieu thereof:
“110.3.3 Approved inspection agencies: The code official shall accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.”
(s) Chapter 1, Section 111.3 is deleted and the following inserted in lieu thereof:
“111.3 Temporary occupancy: Upon request of the holder of a permit, a temporary certificate of occupancy shall be issued before completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely prior to full completion of the structure without endangering life or public welfare. An expiration date shall be included on the temporary certificate of occupancy after which the certificate is no longer valid. Any occupancy permitted to continue during the work shall be discontinued within 30 days after completion of the work unless a certificate of occupancy is issued by the Code Official or a partial occupancy permit is issued in accordance with Section 111.3.1.”
(t) Chapter 1, Add a new Section 111.3.1 to read as follows:
“111.3.1 Partial occupancy Upon request of the holder of a permit, the Code Official shall issue a partial occupancy permit for a part of the building or structure before the entire work covered by the permit shall have been completed if that part of the building may be occupied safely prior to full completion of the building or structure without endangering life or public welfare. Partial occupancy permits shall be reviewed by the Code Official every twelve mouths from date of issue to ascertain the status of the full completion of the building or structure. If no substantial work is accomplished on the building or structure within 12 months after the partial occupancy permit date of issue, the original building permit will be invalid and to complete the building or structure another building permit must be obtained. This section is not intended to displace persons residing within the structure pending the completion of the structure approved under the original permit.”
(u) Chapter 1, Section 113.3 is deleted and the following inserted in lieu thereof:
“113.3 Qualifications: The Board of Appeals shall consist of five individuals, one from each of the following professions or disciplines:
1. Registered design professional who is an architect or engineer.
2. Home builder with at least five years experience.
3. General contractor for commercial/industrial construction with at least five years experience.
4. Electrical contractor duly certified by the appropriate jurisdiction with at least five years experience.
5. Plumbing contractor duly certified by the appropriate jurisdiction with at least five years experience.”
(v) Chapter 1, Section 114.4 is deleted and the following inserted in lieu thereof:
“114.4 Violation penalties:
114.4.1 Construction without a building permit: Any person who shall attempt to erect, construct, alter, repair, demolish or move a structure, make a change in occupancy, or install or alter any equipment which is regulated by this code without a valid permit issued by the Codes Official shall be guilty of a misdemeanor punishable by a fine of $250 for the first offense, $500 for the second offense and $1000 for the third and succeeding offenses. Each day that construction continues after due notice has been served the party in violation shall be subject to the fine for the applicable offense.
114.4.2 Other code violations: Any person who shall violate a provision of this code other than the violation defined in 114.4.1 above or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment not exceeding thirty 30 days or both such fine and imprisonment and regardless of the penalty duly adjudged shall be required to correct the violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.”
(w) Chapter 1, New Section 114.5 is added as follows:
“114.5 Enforcement, suspension, or revocation of permits, inspections, and use and occupancy permits
A. Enforcement procedure.
1. When the Code Official, or his representative, determines chat a violation of the Building Code, standard construction controls, or the provisions of this chapter has occurred, the on site general contractor or building permittee shall be notified in writing of the violation and of the required corrective action and the time period in which to have the violation corrected.
2. If the violation persists after the date specified for corrective action in the notice of violation, the Office of Building Permits and Inspections shall stop work on the site by the issuance of a stop work order pursuant to Section 115 of this chapter.
3. If reasonable efforts to correct the violation are not undertaken in a, timely manner, the Office of Building Permits and inspections may refer the violation for legal action.
4. The Office of Building Permits and Inspections may deny or recommend denial of the issuance of any permit to an applicant when it determines that the applicant is not in compliance with the Building Code, standard construction controls, or the provisions of this Chapter on any site.
5. Any step in this enforcement process may be taken at any time, depending upon the severity of the violation
B. Suspension or revocation of permits, inspections and use and occupancy certificates by the Chief after notice.
1. Uncorrected violations of the Building Code, standard construction controls, or the provisions of this Chapter or any other applicable law, ordinance, rule or regulation relating to the work involving any Office of Building Permits and Inspections or agency of Garrett County may result in the suspension or revocation of permits, inspections or licenses.
2. Existence of any condition or the doing of any act constituting or creating a nuisance, hazard, or endangermcnt of human life or property of others may result in the suspension or revocation of permits, inspections or licenses.
C. If conditions warrant, no notice of violation is necessary and the Office of Building Permits and Inspections, may proceed directly with:
1. a stop work order;
2. legal action; or
3. suspension or revocation of permits, inspections and/or use and occupancy certificates.”
(x) Chapter 1, Section 115.3 is hereby amended by deleting “subject to penalties as prescribed by law.” and inserting “liable to a fine of not less than $100 or more than $500.”
(y) Chapter 3, Section 305.2 is amended by deleting “five” and inserting “eight”.
(z) Chapter 3, Section 308.6.1 is amended by deleting “five” and inserting “eight”.
(aa) Chapter 3, Section 310.5.1 R-3 “Child care facilities....” is amended by deleting “five” and inserting “eight”.
(bb) Chapter 4, Section 401.1 is amended by adding the following:
“The construction, location, anchorage and tie down of mobile units will be governed by Appendix E of the International Residential Code.”
(cc) Chapter 9, Section 901.1 is amended by adding the following:
“Fire protection system requirements of chapter 9 are concurrently regulated by the Maryland State Fire Prevention Code as referenced within this ordinance If conflict1-arise the more restrictive shall apply.”
(dd) Chapter 10, Section 1001.1 is amended adding the following:
“Means of egress requirements of chapter 10 are concurrently regulated by the Maryland State Fire Prevention Code as referenced within this ordinance. If conflict1-arise the more restrictive shall apply.”
(ee) Chapter 10, Section 1011.52 is amended by deleting Exception 3 and 4 and replacing with the following:
“Exception 3. In occupancies in Use Group R 3, within dwelling units in occupancies in Use Group R 2 and within occupancies in Use Group U that arc accessory to an occupancy in Use Group R 3, as applicable in section 101.2, the maximum rise height shall be 8.25 inches (210mm) and the minimum tread depth shall be 9 inches (229mm), the minimum winder tread depth at the walk line shall be 9 inches (229mm) and the minimum winder tread depth shall be 6 inches (152mm). A nosing not less than .75 inch (19.1mm) but no more than 1.25 inches (32mm) shall be provided on stairways with solid risers where the tread depth is less than 11 inches (279mm).”
“Exception 4. The Maryland Building Rehabilitation Code as set forth in COMAR 05.16.01 shall apply for the replacement of existing stairways.”
(ff) Chapter 11, Section 1101.1 is deleted and the following inserted in lieu thereof:
“1101.1 Scope: The provisions of the Maryland Accessibility Code, COMAR 05.02.02, shall govern the design and construction of facilities for accessibility to physically disabled persons.”
(gg) Chapter 16, Section 1608.2 is amended by adding the following sentence to the end of the section “The minimum ground snow load for Garrett County shall be 40 lbs. per sq. ft.”
(hh) Chapter 16, Section 1612 is deleted and the following is inserted in lieu thereof:
“1612 All buildings and structures erected in areas prone to flooding shall be regulated by Appendix G of this chapter.”
(ii) Chapter 17, Section 1705.1.1, Special Cases, is herby amended by adding a new item #4:
4. In damaged structures, reuse of fire damaged wood is acceptable if the damage does not significatnly reduce its load bearing capacity. A special inspection shall be required to identify and verify all remaining wood members to be used in reconstruction. All remaining charred or smoked wood members, whether structural or not, shall be thoroughly cleaned and sealed to prevent deterioration and control odor.
(jj) Chapter 18, Section 1809.5 #1 is hereby amended by adding “which shall be thirty six (36) inches for Garrett County, Maryland” after the word “locality”.
(kk) Chapter 18, Section 1805.1 is deleted and the following is inserted in lieu thereof:
“1805.1 Where required. Walls or portions thereof that retain earth shall be waterproofed and damp proofed in accordance with this section. Ventilation for crawlspaces shall comply with Section 1203.4.”
(ll) Chapter 21, Add new section 2101.2.8 as follows:
“2101.2.8 Sections 2111 through 2113 of this chapter shall also be subject to the provisions within NFPA 211 - standard for chimneys, fireplaces, vents and solid fuel burning appliances”
(mm) Chapter 23. Section 2303 1.1 is amended by adding the following exception:
“Exception: Lumber sold by sawmills must be visually graded structural lumber evidenced by a stamp or a certificate of inspection showing species, grade, and moisture content.”
(nn) Chapter 30, Section 3001,1 is deleted and the following inserted in lieu thereof:
“3001.1 Scope: The provisions of COMAR 09,12,81 (Elevator, Escalator and Chairlift Safety), COMAR 09.12.82 (Elevators and Rescue Litters), and COMAR. 09.12.83 (Safety Requirements for Personnel Hoists) shall govern the design, construction, installation, maintenance, and operation of all elevators, dumbwaiters, escalators, moving walks, and special hoisting and conveying equipment hereafter operated, installed, relocated or altered in all building and structures.”
(oo) Chapter 31, Section 3103.1.1 is deleted and the following inserted in lieu thereof:
“3103.1.1 Permit required: All temporary structures that cover an area in excess of 750 sq. ft. shall not be erected, operated, or maintained for any purpose without obtaining a permit from the Code Official.
Exception: Tents used exclusively for recreational camping purposes shall be exempt from the above requirements.”
(pp) Chapter 35 is hereby amended by adding a new section of referenced standards as follows:
Standard Reference Number | Title | Referenced in Code Section Number |
Standard Reference Number | Title | Referenced in Code Section Number |
COMAR 29.06.01 | Maryland State Fire Prevention Code | Chapter 9-10 |
COMAR 05.16.01 | Maryland Building Rehabilitation Code | Chapter 10 |
COMAR 05.02.02 | Maryland Accessibility Code | Chapter 11 |
COMAR 09.20 | Maryland State Plumbing Code | Chapter 29 |
COMAR 09.12.81 | Elevator Safety | Chapter 30 |
COMAR 09.12.82 | Elevator and Rescue Litters | Chapter 30 |
COMAR 09.12.83 | Safety Requirements for Personnel Hoists | Chapter 30 |
(qq) Chapter 35 is hereby amended by adding to the NFPA references the following:
“NFPA 241 Safeguarding Construction, Alteration and
Demolition operations 3309.2”
(rr) Appendix G Sections G101 thru G1101 are hereby deleted and the Garrett County Floodplain Management Ordinance is inserted in lieu thereof.
(ss) Appendix H is hereby incorporated into this section.
(B) Status of building permits applied for prior to the effective date of this section. This section shall not apply to buildings for which a permit is approved prior to the effective date of this Chapter.
(Ord. —, passed 6-16-2015)