Town Code & Ordinances Ordinance — 2001-05-16

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

ORDINANCE NO. 22-03
Introduced By: Bryon Callahan, Commissioner
Af[ ORDINANCE OF THE TOWN OF QUEENSTOWN ADOPTING THE
2O2I EDITION OF THE INTERNATIONAL EXISTING BUILDING
CODE, AS AMENDED BY THIS ORDINANCE, AS THE EXISTING
BUILDING CODE OF THE TOWI\I OF QUEENSTOWI\, AND
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
WHEREAS, Md. Code Ann. Local Government Article $ 5-211 confers upon
municipalities the power to make reasonable regulations concerning buildings, including the
adoption of a building code; and
WHEREAS, by Ordinance No. 16-07, the Commissioners of Queenstown previously
adopted portions of the 2015 Edition of the International Existing Building Code, which is
codified in Chapter 8, Article IV of the Queenstown Town Code; and
WHEREAS, the State of Maryland has adopted the Maryland Building Rehabilitation
Code (set forth in COMAR 05.16.01), which includes the 2021 Edition of the International
Existing Building Code; and
WHEREAS, the Commissioners of Queenstown deem it desirable and in the public
interest to adopt the 2021 Edition of the International Existing Building Code, a copy of which is
attached hereto, and as amended by this Ordinance, as the Town of Queenstown Existing
Building Code, for regulating and goveming the repair, alteration, change of occupancy,
addition, and relocation of existing buildings, including historic buildings; providing for the
issuance of permits therefor.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE
coMMrssIoNERS OF QUEENSTOWN AS FOLLOWS:
SECTION 1. The Commissioners of Queenstown hereby adopt the 202L Edition of the
Intemational Existing Building Code, a copy of which is attached hereto, as amended by the
State of Maryland as the Maryland Building Rehabilitation Code (set forth in COMAR 05.16.01)
and as further amended by this Ordinance.
SECTION 2. Chapter 8, Article IV, of the Queenstown Town Code is hereby repealed in its
entirety and adopted as follows:
ARTICLE IV. EXISTING BUILDING CODE
Section 8.12 Adoption of standards by reference.
Ordinance No. 22-03
International Existing Building Code
Page I

The 2021 Edition of the Intemational Existing Building Code, as published by the
Intemational Code Council, as amended by the Maryland Building Rehabilitation
code, is hereby adopted as the Town of Queenstown Existing Building code
(sometimes referred to as the "Existing Building Code"). The Existing Building
code shall regulate and govern the repair, alteration, change of occupancy,
addition, and relocation of existing buildings, including historic buildings;
providing for the issuance of permits therefor. All of the regulations, provisions,
terms, and conditions, of the 2021 Edition of the International Existing Building
Code are hereby adopted and made a part hereof as if fully set forth in this
Article, with the amendments, deletions, and insertions as set forth in coMAR
05.16.01, as well as the amendments, deletions and insertions set forth in Section
8.13 herein.
Section 8.13 Amendments.
The following sections of the 2021 Intemational Existing Building Code
are hereby modified, deleted, substituted, added, or revised as follows:
SECTION 101
GENERAL
section 101.1 Title. These regulations shall be known as the "Town of
Queenstown Existing Building Code", (sometimes hereinafter referred to as the
"Existing Building Code" or "this 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 103
DEPARTMENT OF BUILDING SAFETY
Section 103.1 Deleted.
Section 103.2 Appointment. The code official shall be the Town Clerk-
Treasurer, or any person or entity designated or appointed by the Commissioners
of Queenstown to serve as code official. The code official shall have full
enforcement authority of this Code.
SECTION 104
DUTIES OF THE CODE OFFICIAL
Ordinance No. 22-03
International Existing Building Code
Page2

Section 104.6 Right of entry. Where it is necessary to make an inspection to
enforce the provisions of this code, or whenever the code official has reasonable
cause to believe that there exists in a structure or upon a premises a condition in
violation of this code, the code official is authorized to enter the structure or
premises at reasonable times to inspect or perform the duties imposed by the code,
provided that if such structure or prernises is occupied, the code official shall
present credentials to the occupant and request entry. If such structure or premise
is unoccupied, the code 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 code official shall have recourse to the
remedies provided by law to secure entry, including obtaining an administrative
search warrant.
SECTION 112
BOARD OF APPEALS
ll2in
Section 112.1 General. Delete Section its entirety and replace with the
following.
ll2.l
Section 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 twenty (20) days after the day the decision, notice, or order was
served. All provisions governing the Board of 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 Queenstown Zoning Ordinance and
the Maryland Rules of Procedure applicable to review of administrative agency
decisions.
112.3 Qualifications. Deleted.
SECTION 113
VIOLATIONS
Section 113.3 Prosecution of violati-.' *V person failing to comply with a
notice of violation or order served in accordance with Section 113.2 shall be
deemed to have committed a civil municipal infraction as determined by the
Town, and the violation shall be deemed a strict liability offense. If the notice of
violation is not complied with, the code official shall institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation, or to
require the rernoval or termination of the unlawful occupancy of the structure in
violation of the provisions of this code or of the order or direction made pursuant
Ordinance No. 22-03
International Existing Building Code
Page 3

thereto. Any action taken by the authority having jurisdiction over such prernises
shall be charged against the real estate upon which the structure is located and
shall be a lien upon such real estate.
SECTION I14
STOP WORI( ORDER
Section 114.3 Unlawful continuance. Any person who shall continue any work
after having been served with a stop work order, except such work as that person
is directed to perform to rernove a violation or unsafe condition, shall be deemed
to have committed a municipal infraction. The penalty for the first violation shall
be One Hundred Dollars ($100.00), and Two Hundred Dollars ($200.00) for the
second violation. Each day that a violation continues shall be considered a
separate offense.
Section 8.14 Repealer.
All prior 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 8.15 Copies on file.
The Town Clerk shall maintain one copy of the Existing Building Code on file in
the Town Office.
Section 8.16 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 remaining portions of this Ordinance. The Commissioners of
Queenstown
that
hereby declare they would have passed this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
3.
SECTION This ordinance and any rules, regulations, provisions, requirernents,
orders and matters established and adopted pursuant hereto 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.
ENACTED 1Yri, T oay or }\vl ,2022.
l
Ordinance No. 22-03
International Existing Building Code
Page 4

THE TOWN COMMISSIONERS OF
Ordinance No. 22-03
International Existing Building Code
Page 5