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Except as provided in this section, existing buildings when altered or repaired as herein specified shall be made to conform to the full requirements of this chapter for new buildings:
(a) Alterations and damages over 25 percent. If the cost of alterations or repairs, as described herein, or damages by fire or other cause, is over twenty-five (25) percent of the physical value of the building, the director shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements for new buildings.
(b) Alterations under 25 percent. If the cost of alterations or repairs described herein is twenty-five (25) percent or less of the physical value of the building, the director shall permit the restoration of the building to its condition previous to damage or deterioration with the same kind of materials as those of which the building was constructed; provided, that such construction does not endanger the general safety and public welfare and complies with other provisions of this chapter in respect to existing roofs.
(c) Increase in size. If the building is increased in floor area or number of stories, the entire building shall be made to conform with the requirements of this chapter with respect to means of egress, fire safety, light and ventilation.
(d) Part change in use. If a portion of the building is changed in occupancy or to a new use group and that portion is separated from the remainder of the building with the required vertical and horizontal fire divisions complying with the fire grading in this chapter, then the construction involved in the change shall be made to conform to the requirements for the new use and occupancy and the existing portion shall be made to comply with the exitway requirements of this chapter.
(e) Physical value. In applying the provisions of this section, the physical value of the building shall be determined by the director and be based on current replacement costs. (1975 L.M.C., ch. 1, § 1; 1980 L.M.C., ch. 56, § 1.)
For a site with a conditional use:
(a) The Department may allow minor adjustments during construction that the Planning Director has confirmed do not substantially alter the size, location, or external appearance of any approved building, structure, or use.
(b) Any change proposed during construction that would substantially alter the location or external appearance of any approved building, structure, or use requires an amendment under Article 59-7 of this Code. (2016 L.M.C., ch. 35, § 1.)
Editor's note—Former § 8-8, Removal of buildings, derived from 1975 L.M.C., ch. 1, § 1, was repealed by 2002 L.M.C., ch. 24, § 1. See § 8-27.
(a) Posted use and occupancy. Every building and structure and part thereof designed for and listed among high hazard, storage, mercantile, industrial or business use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted on all floors by the owner with a suitably designed placard in a form designated by the director, which shall be securely fastened to the structure in a readily visible place, stating: the use group, the fire grading, the live load and the occupancy load.
(b) Posted occupancy load. Every building and structure and part thereof designed for a use listed among the assembly building or institutional building use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted with an approved placard designating the maximum occupancy load.
(c) Replacement of posted signs. All posting signs shall be furnished by the owner and shall be of permanent design; they shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced.
(d) Periodic inspection. The director may periodically inspect all existing buildings and structures except one- and two-family dwellings, for compliance with the law in respect to posting, or he may accept the report of such inspection from an authorized licensed professional engineer or architect and such inspection and report shall specify any violation of the requirements of this chapter in respect to the posting of floor load, fire grading, occupancy load and use group of the building. (1975 L.M.C., ch. 1, § 1.)
(a) Right of condemnation. All buildings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exitway facilities or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which by reason of illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure, as the director may deem necessary and as provided in this section. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this chapter.
(b) Examination and record of damaged building. The director shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the building, the nature and estimated amount of damages, if any, caused by collapse or failure.
(c) Notice of unsafe building. If an unsafe condition is found in a building or structure, the director shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately notify the director of his acceptance or rejection of the terms of the order.
(d) Restoration of unsafe building. A building or structure condemned by the director may be restored to safe condition; provided, that no change of use or occupancy is contemplated or compelled by reason of such reconstruction or restoration; except, that if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.
(e) Posting "unsafe" notice. If the person addressed with an "unsafe" notice cannot be found within the county after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person and a copy of the ``unsafe'' notice shall be posted in a conspicuous place on the premises and such procedure shall be deemed the equivalent of personal notice.
(f) Disregard of "unsafe" notice. Upon refusal or neglect of the person served with an "unsafe" notice to comply with the requirements of the order to abate the unsafe condition, the county attorney shall be advised of all the facts and he shall institute the appropriate action to compel compliance. (1975 L.M.C., ch. 1, § 1.)
The Director enforces and administers this Chapter. (1975 L.M.C., ch. 1, § 2; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
Editor’s note—See County Attorney Opinion dated 10/16/96 discussing an executive regulation that applies to any building for which the County finances all or part of the construction.
The Director shall enforce all the provisions of this Chapter and shall act on any question relative to the mode or manner of construction and the materials to be used in the erection, addition to, alteration, repair, removal, demolition, installation of service equipment and the location, use, occupancy and maintenance of all buildings and structures, except as may otherwise be specifically provided for by statutory requirements or as herein provided:
(a) Applications and permits. He shall receive applications and issue permits for the erection and alteration of buildings and structures and inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Chapter;
(b) Building notices and orders. He shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exitway facilities in existing buildings and structures and to ensure compliance with all the code requirements for the safety, health and general welfare of the public;
(c) Inspections. The Director must make all the required inspections or may accept reports of inspection by authoritative and recognized services or individuals, and all reports of those inspections must be in writing and certified by a responsible officer of the authoritative service or by the responsible individual; or the Director may engage expert opinion as necessary to report upon unusual technical issues that may arise, subject to the approval of the appointing authority. On the request of the Director of Housing and Community Affairs, under the authority of Chapter 26, the Director must investigate complaints of defects in construction that may violate Chapter 26.
(d) Research and investigations. The Director must investigate new developments in the building industry. Subject to local climatic or other conditions, the Director must accredit tests meeting the functional requirements of this Chapter conducted by accredited authoritative agencies listed in applicable regulations. The Director also may accept duly authenticated reports from the International Code Council, Inc., or from recognized authoritative sources of all new materials and methods of construction proposed for use which are not specifically provided for in this Chapter. The costs of all tests or other investigations required under this subsection must be paid by the applicant.
(e) Department records. He shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. File copies of all papers in connection with building operations shall be retained in the official records so long as the building or structure to which they relate remains in existence; and
(f) Hearings. Prior to the issuance of notices, orders and permits hereunder, the Director may, upon request, provide all interested parties with an opportunity for hearing after reasonable notice as specified in Section 8-15(c) of this Chapter. The notice shall state the time, place and issues involved. If the Director holds a hearing on a decision of the Department, the time for appeal to the Board of Appeals shall be stayed until a decision is made by the Director or until the Director has acted on a request for reconsideration, if any. A copy of the Director's decision or order shall be delivered or mailed promptly to each party to the hearing or to that party's attorney of record. Any party to a hearing conducted by the Director may, within ten (10) days following a decision by the Director, request in writing that the Director reconsider such decision;
(g) Annual report. At least annually, the Director shall compile a written statement of all permits and certificates issued, orders promulgated and materials approved. Interim reports shall be submitted as required. (1975 L.M.C., ch. 1, § 2; 1986 L.M.C., ch. 49, § 3; 1996 L.M.C., ch. 13, § 1; 2003 L.M.C., ch. 16, § 1.)
Editor’s note—See County Attorney Opinion dated 10/16/96 discussing an executive regulation that applies to any building for which the County finances all or part of the construction.
(a) The Director may recommend regulations for the administration of this Chapter including a schedule of fees and may, at the Director’s discretion, hold public hearings as part of this regulation-making process. Regulations, as amended, must not conflict with or waive any provisions of this Chapter. Such regulations must be at least as restrictive as the requirements of this Chapter. All regulations must be adopted by the County Executive under Method (2) of Section 2A-15. The County Executive must promptly forward to the County Council a copy of any new fee schedule for use in budgetary planning activities. Such fees may be based on area, estimated cost of construction, or a minimal set fee per category. The budget estimate of all fees must be equal to the cost of administering this Code.
(b) The Director must hold at least one public hearing, after adequate public notice, before recommending to the Executive any regulations adopted under this Chapter. All regulations, related to the construction or demolition must be based on the latest edition of the ICC International Building Code and any local amendments to that Code. (1975 L.M.C., ch. 1, § 2; 1975 L.M.C., ch. 24, § 3; 1979 L.M.C., ch. 50, § 1; 1984 L.M.C., ch. 24, § 10; 1984 L.M.C., ch. 27, § 9; 2003 L.M.C., ch. 16, § 1; 2016 L.M.C., ch. 35, § 1; 2017 L.M.C., ch. 12, §1.)
(a) The edition of the ICC International Building Code designated under Section 8-13 is the basic County building code. The construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures or parts thereof, on-site access facilities to buildings and structures, and their service equipment must meet the standards and requirements in that Code, or as amended under Section 8-13.
(b) The closure of any private road must meet the standards and requirements of Chapter 22 and Chapter 49. (1975 L.M.C., ch. 1, § 2; 1975 L.M.C., ch. 24, § 4; 2003 L.M.C., ch. 16, § 1; 2016 L.M.C., ch. 35, § 1.)
Editor’s note-The above section is interpreted in Permanent Financial Corporation v. Montgomery County, 308 Md. 239, 518 A.2d 123 (1986).
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