Town Code & Ordinances Ordinance — 2007-05-02

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

ORDINAI\CE NO. 22-OI
Introduced By: Bryon Callahan, Commissioner
Ar\ oRDrNAr\CE OF THE TOWN OF QUEENSTOWN ADOPTING THE
2021 EDITION OF THE INTERNATIONAL BUILDING CODE' AS
MODIFIED BY THE MARYLAND BUILDING PERFORMAI\CE
STAI\DARDS, AND AS FURTHER AMENDED BY THIS ORDINAIICE, AS
THE BUILDING CODE OF THE TOW|I OF QUEENSTOWN, Al\D
REPEALING ALL ORDINANCES INCONSISTENT HEREWITH
WHEREAS, Md. CodeAnn. Local GovernmentArticle 5-211 confersuponmunicipalities
$
the power to make reasonable regulations concerning buildings, including the adoption of a building
code; and
WHEREAS, by Ordinance 16-06, the Town previously adopted the 2015 Edition of the
International Building Code; and
WHEREAS, the State of Maryland has adopted the Maryland Building Performance
Standards (set forth in COMAR 05.02.07, et. Se(L), which include the 2021 Edition of the
International Building Code; and
WHEREAS, the Commissioners of Queenstown have determined that it is desirable and in
the public interest to adopt the202l Edition of the Intemational Building Code, as amended by the
State of Maryland as the Maryland Building Performance Standards (set forth in COMAR 05.02.07)
a copy of which is attached hereto, as further amended by this Ordinance, as the Town of
Queenstown Building Code, which sets forth regulations governing the construction, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance,
removal or demolition ofbuildings in the Town of Queenstown; and to repeal all priorbuilding code
ordinances of the Town of Queenstown.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE
coMMrssIoNERS OF QUEENSTOWN AS FOLLOWS:
SECTION 1. The Commissioners of Queenstown hereby adopt the 2021 Edition of the
International Building Code, a copy of which is attached hereto, as amended by the State of
Maryland as the Maryland Building Performance Standards (set forth in COMAR 05.02.07) and as
further amended by this Ordinance.
SECTION 2. Chapter 8, Article III, of the Queenstown Town Code is hereby repealed in its
entirety and adopted as follows:
III.
ARTICLE BUILDING CODE
Ordinance No. 22-01
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Section 8.7 Adoption by reference.
The 2021 Edition of the International Building Code, as published by the
International Code Council, Inc., as amended by the State of Maryland as the
Maryland Building Performance Standards (set forth in COMAR 05.02.07),is hereby
adopted as the Town of Oxford Building Code, for the control of buildings and
structures as herein provided. All of the regulations, provisions, terms, and
conditions, of the Building Code are hereby adopted and made apffithereof as if
fully set forth in this Article, with the amendments, deletions, and insertions as set
forth in Section 8.8 herein.
Section8.S Amendments.
The following sections of the 2021 Edition ofthe International Building Code
are modified as follows:
CHAPTER 1. SCOPE AND ADMINISTRATION
SECTION 101
GENERAL
Section 101.1 Title. These regulations shall be known as the "Town of
Queenstown Building Code". Where the name of the jurisdiction is to be
indicated in any section of this Code, it shall be considered the "Town of
Queenstown".
Section 101.2 Scope. The provisions of this code shall apply to the
construction, alteration, relocation, enlargement, replacement, repair,
equipment, use and occupancy, location, maintenance, rernoval and
demolition of every building or structure or any appurtenances connected or
attached to such buildings or structures.
Exception 1. Detached one- and two-family dwellings and multiple single
family dwellings (townhouses) not more than three stories above grade plane
in height with a separate means of egress and their accessory structures shall
comply with the Intemational Residential Code.
Exception 2. Existing buildings undergoing repair, alterations or additions,
and change of occupancy shall comply with the Maryland Building
Rehabilitation Code set forth in COMAR 05.16.
3.
Exception Maintenance of residential structures and premises shall
comply with the State Minimum Livability Code (COMAR 05.02.03) and the
Town's Property Maintenance Code (Chapter 9 of the Queenstown Town
Ordinance No. 22-01
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Code).
Section l0l.2.l Appendices. All of the Appendices are adopted as part of
the Queenstown Building Code except those in Appendices A, B, D, E, and
K.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
Section 104.6 Right of .otf. Delete this section in its entirety and
substitute the following:
Section 104.6 Right of entry. Where it is necessary to make an inspection
to enforce the provisions of this code, or where the building official has
reasonable cause to believe that there exists in a structure or upon a premises
a condition which is contrary to or in violation of this code which makes the
structure or premises unsafe, dangerous or hazardous, the building official is
authorized to enter the strucfure or premises at reasonable times to inspect or
to perform the duties imposed by this code, provided that if such structure or
premises is occupied, that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the building official
shall first make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is
refused, the building official shall have recourse to the remedies provided by
law to secure entry, including obtaining an administrative search warrant.
SECTION 107
CONSTRUCTION DOCUMENTS
Section 107. 2.llnformatioo oo Coortruction documents. Amend Section
107.2.1to include the following paragraph:
Section 107.2.1 Information on Construction documents. For new
buildings, additions and alterations to buildings other than detached one and
two family dwellings, the application for the building permit shall be
accompanied by: two (2) complete sets of architectural, structural,
mechanical (heating, ventilation, air conditioning-HVAC) plumbing and
electrical plans, drawn to scale with suffrcient clarity and detail to show the
nature and character ofwork to be performed. The plans shall be prepared in
compliance with this Code, and shall have the seal and signature of a
Maryland state professional engineer or architect affixed to each and every
sheet of all sets at least one of which shall bear the original (not reproduced)
seal and signature.
Ordinance No. 22-01
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SECTION 109
FEES
Section 109.6 Refunds. O"f"t" subsection 109.6 and substitute the
following:
Section 109.6 Refunds. When an unissued permit has been denied by the
building official or withdrawn by property owner or agent, a 50o/o refund is
due on building codes and zoning fees paid. No refund will be given on
issued permits.
Section 109.7 Inspection fees. Add a new subsection 109.7, to read as
follows:
Section 109.1 Re-Inspection fees. A re-inspection fee may be charged for
each re-inspection if the work has to be re-inspected because:
1.
The work was not ready for inspection at the pre-arranged
time for inspection;
2.
The inspector did not have access to the work at the pre-
arranged time for inspection; or
3.
The inspector discovers a flagrant noncompliance during a
requested inspection.
sncrioN rro
INSPECTIONS
Section 110.3 Required torp".tioo.. Add a new subsection 110.3.1.
Replace with the following:
Section 110.3.1 Foundation Inspections. Foundation inspection shall be
made when the foundation is complete with all required anchors, vents and
termite shield installed.
Section 110.3.3 Lowest Floor Elevation. Delete this section.
Section 110.3.9.1 Coordination of Inspections. Add a new subsection
I10.3.9.1 to read as follows:
Section 110.3.9.1 Coordination of inspections. All required inspections
shall be made and coordinated with the other trades, building, electrical,
plumbing, HVAC and Sprinkler.
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Section 110.5 Inspection Request. Amend section to include the following
at the end of the first sentence: "forty-eight (48) hours before said work is
completed."
Section 110.7 Withholding of Inspection and Permit. Add a new
subsection 110.7 to read as follows:
Section 110.7 Withholding of Inspection and Permit. If the Code official
finds that a contractor, developer, or owner has violated the provisions of the
Code, or rules or regulations which implement this Code, in connection with
the construction, maintenance, alteration, orrepairofanybuilding, structures,
equipment or land within the Town of Queenstown, the Town's designated
building official, after written notice to the violator, and a hearing on the
allegations, if applicable, may refuse to grant further inspections or further
permits of any kind to the contractor, developer, or owner until all violations
have been corrected and all fees have been paid.
SECTION I13
BOARD OF APPEALS
Section 113.1 General. Delete this section and replace with the following:
Section 113.1 General. Any person affected by a decision of the code
official or a notice or order issued under this code shall have the right to
appeal to the Queenstown Board of Appeals, provided that a written
application for appeal is filed within 30 days after the day the decision,
notice, or order was served. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this code do not fully
apply, or the requirements of this code are adequately satisfied by other
means.
Section 113.2 Limitations on authority. Delete this section and replace
with the following:
Section 113.2 Board of Appeals. For the purposes of this code, the board of
appeals shall be the Board of Appeals established in the Town of
Zoning Ordinance. All provisions governing the Board of
Queenstown
Appeals with respect to members, provisions for alternates, quorum,
procedure, chairman, term of office, etc. shall be applicable to appeals from
this code. Review of the decision of the Board of Appeals shall also be in
accordance with the QueenstownZoningOrdinance, and the Maryland Rules
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of Procedure applicable to review of administrative agency decisions.
Section 1 13.3 Qualifications. Deleted.
SECTION 114
YIOLATIONS
Section 114 Violations. Delete this section in its entiretv and substitute the
following:
Section 114.1 Unlawful acts. It shall be a municipal infraction for any
person, firm or corporation to erect, construct, alter, extend, repair, move,
remove, demolish or occupy any building, structure or equipment regulated
by this code, or cause the same to be done, in conflict with or in violation of
any of the provisions of this code.
Section 114.2 Notice of violation. The building official or other authorized
designee of the Town of Queenstown is authorized to serve a notice of
violation or other order on the person responsible for the erection,
construction, alteration, extension, repair, moving, removal, demolition or
occupancy of a building or a structure in violation of the provisions of this
code, or in violation of a detail statement or a plan approved thereunder, or in
violation of a permit or certificate issued under the provisions of this code.
Such order shall direct the discontinuance of the illegal action or condition
and the abatement of the violation.
Section 114.3 Prosecution of violation. Ifthe notice is not complied with in
the time prescribed by such notice, the building official or other authorized
designee ofthe Town of Queenstown is authorized to issue a civil municipal
citation and to institute the appropriate proceedings at law or in equity to
restrain, correct or abate such violation, or to require the removal or
termination of the unlawful occupancy of the building or structure in
violation of the provisions of this code or of the order or direction made
pursuant thereto. The Town Attorney is authorized to prosecute or file a civil
action in connection with a violation of any provision of this Code.
Section 114.4 Violation penalties. A violation ofthis code shall constitute a
municipal infraction subject to a fine of Five Hundred Dollars ($500.00).
Each day that a violation continues after due notice has been served shall be
deerned a separate offense. In addition to said fine, the Town may request
during the adjudication of the infraction that the defendant abate the
violation, or in the alternative, to permit the Town to abate the violation at the
defendant's expense. Enforcement of this section shall be in accordance with
Md. Code Annotated Local Government Article $ 6-102, et. seq,, as amended
from time to time. This provision is not an exclusive remedy, and the Town
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may seek injunctive or other relief as necessary.
Section 114.5 Unpaid expenses as a lien against real estate. Whenever,
pursuant to this code, a building official directs a property owner to take an
action to abate a violation of this code and the property owner fails to do so
in the time frame set forth in the notice or pursuant to an order of the court,
the building official may cause such action to be performed and the costs
thereof shall be a lien against the real estate and shall be collectible in the
same manner in which real estate taxes are collected, or the Town may
collect it by such other action at law, in the Town's discretion.
SECTION 115
STOP WORK ORDER
Section lls.z.LStop Work OrAer, Posting. Add a new subsection | | 5.2.1
to read as follows:
Section 115.2.1 Stop Work Order, Posting. The posting of a stop work
order at the job site shall constitute adequate notification by the Town of
Queenstown's designated code offi cial.
CHAPTER 9. FIRE PROTECTION SYSTEMS
90 1. 1 Scope. ADDITIONAL NOTE : Fire protection system requirements of
Chapter 9 may be concurrently covered in the State Fire Prevention Code,
Public Safety Article $$ 6-101 - 6-102, Annotated Code of Maryland, and
COMAR 29.06.01. The State Fire Prevention Code is enforced by the State
Fire Marshal or authoized, frre official. In the event of a conflict between
these provisions and the State Fire Prevention Code, the provisions of the
State Fire Prevention Code shall control.
CHAPTER 10. MEANS OF EGRESS
1001.1 General. ADDITIONAL NOTE: Means of egress requirements of
Chapter 10 may be concurrently covered in the State Fire Prevention Code,
Public Safety Article, $$ 6-101 - 6-102, Annotated Code of Maryland and
COMAR 29.06.0I. The State Fire Prevention Code is enforced by the State
Fire Marshal or authorized fire official. In the event of a conflict between
these provisions and the State Fire Prevention Code, the provisions of the
State Fire Prevention Code shall control.
Ordinance No. 22-01
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CHAPTER 11. ACCESSIBILITY
.
Chapter I 1 of the IBC related to accessibility requiranents is hereby replaced
with the Maryland Accessibility Code set forth in COMAR 05.02.02.
CHAPTER 16. STRUCTURAL DESIGN
Section 1607.14.2. Minimum Roof Live Loads. Delete this section
and replace with the following:
Section 1607.14.2. Minimum Roof Live Loads. Roofs shall be
designed for a minimum live load of 20 pounds per square foot or
designed for the minimum snow load, whichever is greater.
Section 16123 Establishment of Flood Harzard. Areas. Amend
subsection 1612-3. as follows:
Section 1612.3. Establishment of Flood Hazard Areas. The Town of
Queenstown has established flood hazard areas, which have been
identified by the Federal Emergency ManagonentAgency as reflected in
the Flood Insurance Rate Maps for Queen Anne's county, Town of
Queenstown, and related supporting data along with any revisions
thereto, which shall apply to any construction within flood hazard areas,
in addition to all other applicable ordinances related to flood plain
regulations and storm water management.
CHAPTER 18. SOIS AIID FOUNDATIONS
Section 1809.5. Frost Protection.'e-"ra subsection 1809.5 to read as
follows:
Section 1809.5. Frost Protection. Except where erected upon solid
rock or otherwise protected from frost, foundation walls, piers, and other
permanent supports ofbuildings or structures 120 square feet or larger in
area or l0 feet in height shall extend below the front line of 24" below
finished grade, and spread footings ofadequate size shall be provided
where necessary to properly distribute the loan within the allowable load
hearing value of soil. Altematively, such structures shall be supported
on piles where solid earth or rock is not available. Footings shall not
bear on frozen soils unless frozen condition is of a permanent nature.
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Exception: Sheds under 300 square feet shall be permitted to be erected
upon six (6) inches of compacted gravel base, provided they are not
anchored with approved anchors on all four corners.
CHAPTER 24. GLASS AND GLAZING
The requirernents for safety glazing set forth in Public Safety Article, Title
12, Subtitle 4, Annotated Code of Maryland, are in addition to Chapter 24,
Section 2406 of the IBC related to safety glazing. In the event of a conflict
between Chapter 24 of the tBC and the Annotated Code of Maryland, the
requirements of the Annotated Code of Maryland prevail.
CHAPTER 27. ELECTRICAL
2701.1Scope. The subject matter of this chapter is not within the scope of
the Maryland Building Performance Standards and is hereby omitted from
this Code. For the applicable elechical requirernents, refer to the National
Electrical Code as adopted and enforced by the State Fire Marshal,
authorized fire officials, or building officials pursuant to the provisions of
Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland.
CHAPTER 28. MECHANICAL SYSTEMS
280f .1 Scope. The subject matter of this chapter is not within the scope of
the Maryland Building Performance Standards and is hereby omitted from
this Code. For the applicable requirements conceming the mechanical
systems, refer to the local mechanical code and the mechanical code adopted
pursuant to the provision of Business Regulation Article, $94-205,
Annotated Code of Marvland.
CHAPTER 29. PLUMBING SYSTEMS
2901.1Scope. The subject matter of this chapter is not within the scope of
the Maryland Building Performance Standards and is hereby omitted from
this Code. For the applicable requirernents concerning the plumbing systems,
refer to the local plumbing code and the plumbing code adopted pursuant to
the provision of Business Occupations and Professions Article, Title 12,
Annotated Code of Marvland.
CHAPTER 30. ELEVATORS AND CONVEYING SYSTEMS
Ordinance No. 22-01
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The provisions of chapter 30 of the IBC relate to elevators and conveying
systems and are in addition to and not instead ofthe requirements set forth in
Public Safety Article, Title 12, subtitle 8, Annotated code of Maryland. In
the event of a conflict between the IBC and the Annotated code of Maryland,
the provisions of the Annotated Code of Maryland prevail.
CHAPTER 33. SAFEGUARDS DURING CONSTRUCTION
Section 3306.10. Accessibility During construction operations. Add new
subsection 3306.10 to read as follows:
Section 3306. r0. Accessibility During construction operations. During
construction operations the contractor shall maintain at all times a vehicular
roadway that will permit the unimpeded movement of emergency vehicles
from the improved street to within 200 feet ofthe most rernote building under
construction on the site. The vehicular access roadway surface shall be either
crusher run, stone base, black top or other suitable compacted surface
material approved by the Town's code official or designee.
8.9
Section Repealer.
All prior building code ordinances or parts of building code ordinances in conflict
herewith are hereby repealed, except that in any case in which the Queenstown Zoning
ordinance and this Ordinance conflict, the Queenstown Zoning Ordinance shall control.
Section 8.10 Copies on File.
The Clerk-Treasurer of the Town of Queenstown shall maintain one (l) copy of the
Building Code on file in the Town office.
Section 8.11 Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the
ronaining portions of this Ordinance. The Commissioners of Queenstown hereby declare
that they would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective ofthe fact that any one ormore sections, subsectionso sentences, clauses
and phrases be declared unconstitutional.
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3.
SECTION This ordinance and the rules, regulations, provisions, requirements, orders
and matters established and adopted hereby shall take effect and be in full force and effect twenty
(20) days from and after the date of its final passage and adoption.
ttris !l or au[q
ENACTED Oay ,2022.
I
Thomas B. Willis. Jr.. Commi
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