Town Code & Ordinances Ordinance — 2007-05-02

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II of the Queenstown Town Code is hereby repealed in its entirety and adopted as follows:

Ordinance No. 22-04 International Residential Code for One-and Two-Family Dwellings Page I

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 Ordinance No. 22-04 International Residential Code for One-and Two-Family Dwellings Page 3 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.

Ordinance No. 22-04 International Residential Code for One-and Two-Family Dwellings Page 4 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 Ordinance No. 22-04 International Residential Code for One-and Two-Family Dwellings Page 5 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.

Ordinance No. 22-04 International Residential Code for One-and Two-Family Dwellings Page 6

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 International Residential Code for One-and Two-Family Dwellings PageT Aardn Horney, Town Ordinance No. 22-04 International Residential Code for One-and Two-Family Dwellings Page 8