Town Code & Ordinances Ordinance — 2007-05-02

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

ORDINANCE NO. 22-04
Introduced By: Bryon Callahan, Commissioner
Ar[ ORDTNANCE OF THE TOWN OF QUEENSTOWN TO ADOPT THE
2O2I EDITION OF THE INTERNATIONAL RESIDENTIAL CODE FOR
ONE.AND TWO.FAMILY DWELLINGS, AS MODIFIED BY THE
MARYLAI\D BUILDING PERFORMANCE STANDARDS, AND AS
FURTHER AMENDED BY THIS ORDINANCE, AS THE RESIDENTIAL
CODE OF THE TOWN OF QUEENSTOWN, AND REPEALING ALL
ORDINANCES INCONSISTENT 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 16-05, the Town adopted the 2015 Edition of the International
Residential Code for One- and Two-Family Dwellings; and
WHEREAS, the State of Maryland has adopted the Maryland Building Performance
Standards (set forth in COMAR 05.02.07), which include the 2021 Edition of the International
Residential Code for One- and Two-Family Dwellings; and
WHEREAS, the Commissioners of Queenstown have determined that it is desirable and
in the public interest to adopt the202l Edition of the Intemational Residential Code for One- and
Two-Family Dwellings, as amended by the State of Maryland as the Maryland Building
Performance Standards (set forth in COMAR 05.02.07), as further amended by this Ordinance,
as the Town of Queenstown Residential Building Code, which sets forth regulations governing
the design, construction, quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, and addition to one- and two-family dwellings and townhouses in the
Town of Queenstown; and which provides for the issuance of permits; and to repeal all prior
residential building code ordinances of the Town of Queenstown.
NOW THEREFORE, BE IT ENACTED AI\D ORDAINED BY THE
COMMISSIONERS OF QUEENSTOWN AS FOLLOWS:
SECTION 1. The Commissioners of Queenstown hereby adopt the 2021 Edition of the
International Residential Code for One- and Two-Family Dwellings, 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, Titled Article II of the Queenstown Town Code is hereby
repealed in its entirety and adopted as follows:
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International Residential Code for One-and Two-Family Dwellings
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ARTICLE II. RESIDENTIAL CODE
8.2
Section Adoption by reference.
The 2021 Edition of the lnternational Residential Code for One- and Two-
Family Dwellings, 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
Queenstown Residential Code for One and Two Family Dwellings (sometimes
referred to as the "Residential Code"). The Residential Code shall regulate the
construction, alteration, movement, enlargement, replacement, repair, equipment,
location, removal and demolition of detached one- and two-family dwellings and
multiple single-family dwellings (town houses) no more than three stories in
height with separate means of egress in the Town of Queenstown. All of the
regulations, provisions, terms, and conditions, of the Residential 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 05.02.07 and as
further set forth in Section 8.3 herein.
8.3
Section Amendments.
The following sections of the 2021 Edirion of the International Residential
Code for One- and Two- Family Dwellings are modified, deleted, substituted, or
added as follows:
CHAPTER I-SCOPE AND ADMINISTRATION
SECTION RlOl
GENERAL
Section R101.1 Title. These regulations shall be known as the "Town
of Queenstown Residential Building Code for One- and Two-Family
Dwellings". 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 R1O2
APPLICABILITY
Section R102.5 Appendices. All the provisions in the Appendices are
adopted as part of the IRC except those in Appendices E, J and L.
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SECTION R1O6
CONSTRUCTION DOCUMENTS
Section R106.1. Submittal Documents. Add new paragraph to Section
R.106.1 as follows:
106.1.1 Information on Construction documents. The application for the
building permit shall be accompanied by plans and specifications as follows:
l.
Detached one and two family dwellinss. Two (2) sets of drawings drawn
to scale with sufficient clarity and detail to show the nature and character
of the work to be performed, including, but not limited to:
a. Floor plans each floor level, 2 elevations and typical cross section:
b.
Copies of plot plans or copies of formal approved site plan as
required by the code official, if applicable;
2. Detached one and two family dwellines -- alterations. small additions.
miscellaneous structures. Same as l. above.
3. New buildines. additions and alterations to buildinss other than detached
one and two family dwellings. Two (2) complete sets of architectural,
structural, mechanical (heating, ventilation, air conditioning-HvAC)
plumbing and electrical plans, drawn to scale with sufficient clarity and detail
to show the nature and character of work 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.
SECTION R112
BOARD OF APPEALS
Section R112.1. 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 Rll2.2. Board of Appeals. For the purposes of this code, the
board of appeals shall be the Board of Appeals established in the Town
of Queenstown Zoning Ordinance. All provisions goveming the Board
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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.
Section R.l12.3. Qualifications. Deleted.
SECTION R113
VIOLATIONS
Section 113. Delete this section in its entiretv and substitute the
following:
Section R113.1. 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, strucfure 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 R113.2. 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 R113.3. Prosecution of violation. If the notice is not complied
with in the time prescribed by such notice, the building oflicial or other
authorized designee of the 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 Attomey is authorized to
prosecute or file a civil action in connection with a violation of any
provision of this code.
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Section R113.4. Violation penalties. Violation of this code shall be a
municipal infraction subject to a fine of Five Hundred Dollars ($500.00).
Each day that aviolation continues after due notice has been served shall
be deemed 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. Enforcernent 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 may seek injunctive or other relief as
necessary.
Section R113.5. 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.
CHAPTER 3. BUILDING PLANNING
SECTION R.301
DESIGN CRITERIA
Section R301.2 Climatic and geographic design criteria. This subsection
shall be amended as follows:
Table R301.2(1)
Climatic and Geographic Design Criteria
Ground Snow Load 2sPSF
Roof Snow Load 20PSF
Wind Speed (c) 90/100 MPH
Seismic Desion 0
Weatherinq (a) Severe
Front Line Depth (b) 24"
Termite Moderate
Decay Slioht to Moderate
Winter Desiqn Temp. 75 deqrees F
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Flood Hazards The Queenstown Flood Hazard
Areas, which have been identified by
the Federal Emergency
Management Agency, as amended
or revised by the accompanying
Flood Insurance Rate Map (FIRM)
and Flood Boundary and Floodway
Map (FBFM), in addition to other
applicable ordinances related to
flood plain regulation and
management
a.
weathering may require a higher strength concrete or grade of
masoffy than necessary to satisff the structural requirements of this code.
The grade of masonry units shall be determined from this code. The grade
of masonry units shall be determined from ASTM C 34, C55, C62, C73,
C90, C129, C145, C2I6 or C652.
b.
The frost line depth may require deeper footings than indicated in
Figure R403.1(l).
c.
wind exposure category shall be determined on a site specific
basis in accordance with Section R30l .2.1.4.
CHAPTER 12. MECHANICAL ADMINISTRATION
section M.1201.1 Scope. The subject matter of chapters l2 through 24 is
not within the scope of the Maryland Building performance Standards and
is hereby omitted from this code. For the applicable requirements
concerning the mechanical systans, refer to the mechanical code adopted
pursuant to the provisions of Business Regulation Article,
$94-205,
Annotated Code of Marvland.
CHAPTER 25. PLUMBING ADMINISTRATION
section P.2501.1 scope. The subject matter of chapters 25 through 33 is
not within the scope of the Maryland Building performance Standards and
is hereby omitted from this code. For the applicable requirements
concerning the plumbing systems, refer to the plumbing code adopted
pursuant to the provisions of Business occupations and professions
Article, Title 12, Annotated Code of Marvland.
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CHAPTER 34. ELECTRICAL . GENERAL REQUIREMENTS
Section F.3401.2 Scope. The subject matter of chapters 34 through 43 is
not within the scope of the Maryland Building Performance Standards and
is hereby omitted from this Code. For the applicable electrical
requirements, 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 Marvland.
Section 8.4 Copies on file.
(l)
The Clerk-Treasurer of the Town of Queenstown shall maintain one
copy of the Town Residential Code on file in the Town Office.
Section 8.5 Repealer.
All prior residential code ordinances or parts of residential code ordinances in
conflict herewith are hereby repealed, except that in any case in which the Queenstown
Zoning ordinance and this Ordinance conflict, the QueenstownZoning Ordinance shall
control.
Section 8.6 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 hereby declare
that 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.
SECTION 3. 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.
this X or a0\t1
ENACTED auv ,2022.
WITNESS: THE TOWN COMMISSIONERS OF
B. Willis. Jr.. Commissi
2,.-ZZA-a*f'-\t
Alton Hardee, Commissioner
Ordinance No. 22-04
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Aardn Horney, Town
Ordinance No. 22-04
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