Charles County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Charles County 4-20-2010 by Bill No. 2010-08; amended in its entirety 6-16-2015 by Bill No. 2015-05. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 15.
Building projects — See Ch. 17.
Minimum Livability Code  — See Ch. 81.
Electrical standards — See Ch. 234.
Flood damage control — See Ch. 238.
Gas standards — See Ch. 241.
Grading and sedimentation control — See Ch. 244.
Land use — See Ch. 252.
Stormwater management — See Ch. 274.
Subdivision regulations — See Ch. 278.
Zoning regulations — See Ch. 297.

§ 224-1 Adoption of 2015 standards; insertions, additions, deletions, changes.

The International Building Code 2015 (IBC), the International Residential Code 2015 (IRC), the 2015 International Energy Conservation Code, the 2015 International Fuel Gas Code, the 2015 International Existing Building Code, the 2015 International Mechanical Code, the 2015 International Plumbing Code, and the 2015 International Property Maintenance Code published by the International Codes Council, Inc. (ICC), copies of which are attached hereto and made part hereof by incorporation, are hereby adopted as written, collectively, as "The Building Code of Charles County," and will take effect for all permit applications upon the effective date of this bill, with the following insertions, additions, deletions.
(1) 
IBC Section 101.1, insert "Charles County, Maryland."
(2) 
IBC Section 101.2, Scope, add:
Exception 2: Existing buildings undergoing repair, alterations, or additions and changes of occupancy shall be permitted to comply with the Maryland Building Rehabilitation Code as set forth in COMAR Title 5, Subtitle 16.
(3) 
IBC Section 101.4.3, Plumbing, delete without replacement the sentence: "The provisions of the International Private Sewage Disposal shall apply to Private Sewage Disposal Systems."
(4) 
IBC Section 101.4.5, Fire prevention, is removed and replaced as follows:
101.4.5. Fire prevention. Fire protection and safety practices shall be deemed to include the requirements of the Fire Code of the State of Maryland. The provisions of the Fire Code of the State of Maryland shall govern in all matters in which they are applicable and shall supersede the requirements of the IBC in all cases.
(5) 
IBC Section 105.2, Work exempt from permit, add under "Building":
14.
Outbuildings (non-habitable) for verifiable agricultural use on agriculturally zoned parcels of five acres or more.
(6) 
IBC 105.2, Work exempt from permit, add under "Building":
15.
Tents and membrane structures that are open sided, with no cooking facilities contained within, for use less than 180 days, up to 2,400 square feet are exempt from permits.
(7) 
IBC Section 105.2, Work exempt from permit, add under "Building":
16.
Flagpoles 20 feet and under are exempt from permits.
(8) 
Replace the entire IBC Section 113, Board of Appeals, and replace with IBC Section 113, Appeals, to read as follows:
SECTION 113 APPEALS
113.1 General. In order to hear and decide the appeals of orders, decisions, or determinations of the Code Official relative to the application and interpretation of this code, there shall be an administrative policy created for such an appeal by the Department of Planning and Growth Management. This policy and procedure will be maintained by the Department of Planning and Growth Management.
113.2 A written 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 by the Code Official. The appeal of the order, decision, or determination of the Code Official will be processed in writing through the Chief of Codes, Permits and Inspection Services, to the Director of Planning and Growth Management.
(9) 
IBC Section 114.4, Violation penalties, add the following statement: "If a violation continues unresolved past the notice date of the original violation letter, the Building Code Official, at his or her discretion, can issue weekly or monthly fines until the violation is brought into compliance. The Building Code Official must notify the person responsible for the violation in writing before the weekly or monthly fines begin."
(10) 
IBC Section 114, Violations, add a new Subsection 114.5 entitled "Public utility easement," to read as follows:
114.5 Public utility easement. No building or structure shall be erected upon any public easement. For the purpose of this subsection, a public utility easement shall be a parcel of land on which a limited right-of-way is provided for one or more designated purposes, such as but not limited to water, sewer, gas, electric, or telephone, without the title of the land.
(11) 
IBC Section 504.1, General, delete the first paragraph and replace with the following:
504.1 Automatic sprinkler system increase. For buildings protected throughout with an approved automatic sprinkler system installed in accordance with IBC Section 903.3.1.1, the value specified in Table 504 for maximum height is increased by 20 feet (6,096 mm), and the maximum number of stories is increased by one story. When the building is equipped throughout with an automatic sprinkler system installed in accordance with IBC Section 903.3.1.2 for Groups R-1, R-2, R-4, and in accordance with IBC Section 903.3.1.3 for Group R-3, the building height limitations specified in Table 504 are increased by one story and 20 feet (6,096 mm) but may not exceed a height of four stories and 60 feet (18,288 mm) above the grade plane. These increases are permitted in addition to the area increase.
(12) 
IBC Section 901.1, Scope, add: "Fire protection system requirements of Chapter 9 may be concurrently covered in the State Fire Code, Public Safety Article, §§ 6-206 and 6-501, Annotated Code of Maryland and COMAR 29.06.01. The State Fire Code is enforced by the State Fire Marshal or authorized fire official."
(13) 
IBC Section 1001.1, General, add: "Means of egress requirements in Chapter 10 may be concurrently covered in the State Fire Code, Public Safety Article, §§ 6-206 and 6-501, Annotated Code of Maryland and COMAR 29.06.01. The State Fire Code is enforced by the State Fire Marshal or authorized fire official."
(14) 
IBC Section 1011.5.2, Riser height and tread depth, delete Exception 3 and replace with the following:
3.
In occupancies in R-3 as applicable in IBC 101.2, within dwelling units in occupancies in Group R-2, as applicable in IBC Section 101.2 and in occupancies in Group U which are accessory to an occupancy in Group R-3, the maximum riser height shall be 8 1/4 inches (210 mm) and the minimum tread depth shall be nine inches (229 mm). The minimum winder tread depth at the walk line shall be nine inches (229 mm), and the minimum winder tread depth shall be six inches (152 mm). A nosing not less than 3/4 inch (19 mm) but not more than 1 1/4 inches (32 mm) shall be provided on stairways with solid risers where the tread depth is less than 11 inches (279 mm).
(15) 
IBC Section 1014.3, Handrail graspability, add:
Exception 2: For occupancies in Group R-3 as applicable in IBC Section 101.2 and within dwelling units in occupancies Group R-2 as applicable in IBC Section 101.2, the grip portion of handrails shall have a circular cross-section of 1.25 inches (32 mm) minimum to 2.625 inches (66.7 mm) maximum. Other shapes that provide an equivalent grasping surface are permissible. Edges shall have a minimum radius of 0.125 inch (3.2 mm).
(16) 
IBC Section 2401.1, Scope, add: "The requirements 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 IBC and the Annotated Code of Maryland, the requirements of the Annotated Code of Maryland will prevail."
(17) 
IBC Section 2701.1, Scope, remove section and replace with:
2701.1 Scope. 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 the Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland and known as the "Charles County Electrical Code."
(18) 
IBC Section 3001.1, Scope, add: "The provisions of Chapter 30 of the IBC relate to elevators and conveying systems and are in addition to and not instead of the requirements set forth in the Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland. In the event of a conflict between the IBC and the Maryland Annotated Code, the provisions of the Maryland Annotated Code will prevail."
(19) 
IBC Section 3102.1, General, remove the sentence: "Those erected for a shorter period of time shall comply with the International Fire Code." Replace with the following sentence: "Those erected for a shorter period of time shall comply with the State Fire Code."
(20) 
Section R101.2, Scope, add Exception 3:
Exception 3: Existing buildings undergoing repair, alterations, additions, and change of occupancy shall be permitted to comply with the Maryland Building Rehabilitation Code.
(21) 
Section R105.2, Work exempt from permit.
(1) 
Under "Building" revise Subsection 10: Remove the wording "are not attached to a dwelling" without replacement.
(2) 
Add:
11.
Pre-made residential use storage sheds 200 square feet or less for nonautomotive storage that are delivered totally assembled shall not be required to provide footings and foundations below the frost line.
12.
Radio and television towers for one- and two-family dwellings may be erected without a building permit.
(22) 
Section R109.1.5, Other inspections, add the following:
R109.1.5.2 Footing inspection for decks. Footing inspection will now be required for all deck applications.
R109.1.5.3 Preliminary inspections. For all fire, wind, water, earthquake damage repairs, a preliminary inspection by the Building Code Official will be required for determining the status of the existing building before the rebuild can begin.
(23) 
Section R110, add the following Subsection R110.6:
R110.6 Sale of one- or two-family dwelling. Prior to the consummation of the same (settlement) of any new one- or two-family dwelling, there shall be an inspection of the unit and premises by the Code Official and a certificate of use and occupancy issued or a list of the violations or deficiencies requiring correction prior to issuance of such certificate. At the time of consummation of such sale, the certificate of use and occupancy, or a list of the deficiencies or violations which remain to be corrected prior to issuance of such certificate, shall be presented to the buyer. Unless contractually relieved of such responsibility, the seller shall be responsible for correction of any violations or deficiencies necessary for the certificate to be issued. When a certificate of use and occupancy has not been issued prior to consummation of the sale, there shall be required a separate written contractual agreement indicating responsibility for correction of all deficiencies or violations cited by the Code Official by a date certain. The provisions of this subsection are not applicable when a new dwelling unit is purchased for resale as a new dwelling unit.
(24) 
Section R202, Definitions, add:
COMPLETE LOAD PATH. A system of wood structural panels, metal connectors, tie rods or engineer design that provides a continuous connection of all exterior framing components from the roof of the building to the foundation capable of resisting wind uplift forces generated by the design wind speed as adjusted for the exposure category.
(25) 
Section R301.2, Climatic and geographic design criteria, add the following to Table R301.2(7), Climatic and Geographic Design Criteria:
Ground Snow Load = 25 psf
Wind = 115 mph
Seismic Design Criteria = A
Weathering = Severe
Frost Line Depth = 24 inches
Termite = Moderate to Heavy
Decay = Slight to Moderate
Winter Design Temperature = 13° F.
Ice Barrier Underlayment Required = Yes
Flood Hazards = Chapter 238, Flood Damage Control, Article II, Floodplain Management, September 2013
Air Freezing Index = 308
Mean Annual Temperature = 55.9° F.
(26) 
Section R303.4, Mechanical ventilation, remove in its entirety without replacement. For mechanical ventilation requirements, refer to the International Energy Conservation Code (IECC).
(27) 
Section R310.1, Emergency escape and rescue required, remove and replace with:
R310.1 Emergency escape and rescue required. Every sleeping room shall have at least one openable emergency escape and rescue window or exterior door opening for emergency escape and rescue. If openings are provided as a means of escape and rescue, they shall have a sill height of not more than 44 inches (1,118 mm) above the adjacent interior surface. If a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the window or door opening from the inside. Escape and rescue window openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2.
(28) 
Section R311.7.5, Stair treads and risers, remove and replace with:
R311.7.5 Stair treads and risers. The maximum riser height shall be 8 1/4 inches (210 mm) and the minimum tread depth shall be nine inches (299 mm). The riser height shall be measured vertically between leading edges of the adjacent treads. The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the treads' leading edge. The walking face of treads and landings of a stairway shall be sloped no steeper than one unit vertical in 48 units horizontal (2% slope). The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Winder treads shall have a minimum tread depth of nine inches (229 mm) measured at a point 12 inches (305 mm) from the side where the treads are narrower. Winder treads shall have a minimum tread depth of six inches (152 mm) at any point.
(29) 
Section R311.7.5.3, Nosings, delete Exception 1 and replace with:
Exception: A nosing is not required if the tread depth is a minimum of 10 inches.
(30) 
Section R311.7.8, Handrails, remove and replace with:
R311.7.8 Handrails. Handrails shall be provided on at least one side of stairways consisting of three or more risers. Handrails shall have a minimum height of 34 inches (864 mm) and a maximum height of 38 inches (965 mm) measured vertically from the nosing of the treads. All required handrails shall be continuous the full length of the stairs from a point directly above the top riser to a point directly above the lowest riser of the stairway. The ends of the handrail shall be returned into a wall or shall terminate in newel posts or safety terminals. A minimum clear space of 1 1/2 inches (38 mm) shall be provided between the wall and the handrail.
Exceptions:
1.
Handrails shall be permitted to be interrupted by a newel post at a turn.
2.
The use of a volute, turnout, or starting easing shall be allowed over the lowest tread.
(31) 
Section R313.2, One- and two-family dwellings automatic fire systems, remove "Exception" and replace with the following:
Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system; unless the proposed addition results in an increase in the existing square footage of the structure by more than 50%, or if the alteration will involve more than 70% of the existing square footage.
The square footage of every room being added or altered shall be included in the calculation of total square footage for the addition or alteration. The entire square footage of an individual room shall be considered added or altered when more than 50% of the total linear length of a room, is new, removed, or replaced. If the addition exceeds 50% or the alteration exceeds 70%, it will be classified as a new single-family dwelling and be permitted, reviewed and inspected as such.
(32) 
Section E3401.1, Applicability, add: "The subject matter of the Chapters 34 through 43 is not within the scope of the Charles County Building Code. For the applicable electrical requirements, refer to the 2014 National Electrical Code (NEC) as adopted and enforced by the State Fire Marshal and the Building Code Official pursuant to the provisions of the Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland and known as the "Charles County Electrical Code."
(33) 
Appendix E, Manufactured Housing Used as Dwellings, of the IRC is incorporated into the Charles County Building Code, as modified: Section AE304, Fees, is removed without replacement.
(34) 
IBC provisions contained in the following appendices are adopted: IBC Appendix C, Group U - Agricultural Buildings, Appendix F, Rodentproofing, Appendix G, Flood-Resistant Construction, Appendix I, Patio Covers.
(35) 
IBC Appendix H, Signs, is adopted with the following section changed: Section H106.2, remove: "NFPA 70" and replace with "2014 National Electrical Code (NEC), otherwise known as the 'Charles County Electrical Code.'"
(36) 
Remove Chapter 11 of the IBC related to accessibility requirements and replace with the Maryland Accessibility Code set forth in COMAR 05.02.02.
(37) 
Add the following to IBC Chapter 18, Soils and Foundations, Section 1801.2.2, Expansive soil, and IRC Section 401:
In the portion of Charles County designated as the "Area of Special Geotechnical Consideration" per the Planning and Growth Management map entitled "Area of Geotechnical Concern," all soils and foundation support shall be removed to a minimum depth of four feet below the final finished grade. The minimum footing depths shall be as determined by this code. Soil removed shall not be used as backfill for foundation walls or other structural fill. No large trees or woody vegetation with large root systems shall be located such that the drip zone for the tree is within five feet of the foundation wall. Applicants may provide a geotechnical report prepared by a professional engineer licensed in the State of Maryland in lieu of complying with the above requirements. All recommendations provided in the geotechnical report shall be incorporated as part of the permit and become a permit condition.
(38) 
Add the following to IBC Chapter 18, Soils and Foundations, Section 1808.5 Shifting or moving soils, IRC Section R403.1.4, Minimum depth:
All exterior footing or foundations located in the portion of Charles County designated as the "Area of Special Geotechnical Consideration" per the Planning and Growth Management map entitled "Area of Geotechnical Concern," shall extend to a minimum of four feet below the finished grade.
Applicants may provide a geotechnical report prepared by a professional engineer licensed in the State of Maryland in lieu of complying with the above requirements. All recommendations provided in the geotechnical report shall be incorporated as part of the permit and become a permit condition.
(39) 
Add the following to IBC Chapter 18, Soils and Foundations, Section 1805.4.3, Drainage discharge, IRC Section R405, Foundation Drainage, and R405.1, Concrete or masonry foundations: "In the portion of Charles County designated as 'Areas of Special Geotechnical Consideration' per the Planning and Growth Management entitled 'Area of Geotechnical Concern,' foundation drains shall be installed and shall discharge at a minimum of 10 feet away from all foundation walls or at the property line, whichever is less."
(40) 
Remove the contents of IBC Chapter 34 in its entirety and replace with:
SECTION 3401 GENERAL
3401.1 Scope. The provisions of the Maryland Building Rehabilitation Code shall control the repairs, modifications, reconstruction, additions, and changes in occupancy to existing buildings.
SECTION 3402 VACANT COMMERCIAL STRUCTURES
3402.1 Scope. This section is to protect the public health, safety and welfare in all existing vacant commercial structures; fixing the responsibility of owners; and providing for administration, enforcement and penalties.
3402.2 Intent. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health and safety.
3402.3 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
3402.4 Saving clause. This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of these ordinances, codes or regulations in effect at the time the violation was committed.
SECTION 3403 NOTICES AND ORDERS
3403.1 Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible.
3403.2 Form. Such notice shall:
1.
Be in writing;
2.
Include a description of the real estate sufficient for identification;
3.
Include a statement of the reason or reasons why the notice is being issued; and
4.
Include a correction order allowing a reasonable time for the repairs.
3403.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner personally; or (b) sent by certified or registered mail addressed to the owner at the last known address with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
3403.4 Transfer of ownership. It shall be unlawful for the owner of any structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
3403.5 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
3403.6 Notice. Whenever the Code Official has condemned a structure under provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure.
3403.7 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises or removing the placard.
3403.8 Prohibited occupancy. Any person who shall occupy a placarded premises and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be liable for the penalties provided by this code.
3403.9 Removal of placard. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by the code.
SECTION 3404 DEMOLITION
3404.1 General. The Code Official shall order the owner of any premises upon such that it is unreasonable to secure from casual entry, meaning windows and doors boarded per Appendix A of the 2012 IPMC, and trash and debris removed within 30 days of the date of the notice from the Code Official, repair the structure, to raze and remove such structure within 90 days; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary within 90 days of the notice or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than six months, to raze and remove such structure within 90 days of the date of the notice.
3404.2 Order. All notices and orders shall comply with Section 3410.
3404.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
3404.4 Salvage materials. When any structure has been ordered razed and was removed through the Code Official due to the owner's failure to comply, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such surplus does not remain to be turned over, the report shall so state.
SECTION 3405 EXTERIOR STRUCTURE
3405.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
3405.2 Failure to comply. If the owner of a premises fails to comply with a repair order within 90 days, the Code Official shall cause the structure to be repaired, either through an available public agency or by contract or arrangement with private persons, and the cost of such repair shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
3405.3 Exterior painting. All wood and metal surfaces, including but not limited to, window frames, doors, door frames, cornices, porches and trim, shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
3405.4 Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way.
3405.5 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
3405.6 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.
3405.7 Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
3405.8 Roofs and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and down spouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
3405.9 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in safe condition.
3405.10 Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
3405.11 Stair and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall be kept in a sound condition.
3405.12 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
3405.13 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
3405.14 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
3405.15 Window and door frames. Every window, door and frame shall be kept in sound condition, good repair and weathertight.
3405.15.1 Glazing. All glazing materials shall be maintained free from cracks and holes.
3405.15.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
3405.16 Doors. All exterior doors and hardware shall be maintained in good condition.
3405.17 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rats, rain, and surface drainage water.
3405.18 Guards for basement windows. Every basement window that is openable shall be supplied with rat proof shields, storm windows or other approved protection against entry of rats.
(41) 
IBC Section 1011.5.2, Riser height and tread depth, delete Exception 4 and replace with the following:
4.
See the Maryland Building Rehabilitation Code as set forth in COMAR Title 5, Subtitle 16, for the replacement of existing stairways.
(42) 
IRC Section R101.2, Scope, add Exception 3:
3.
Existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the Maryland Building Rehabilitation Code.
(43) 
IRC Section R103, remove the word "Department" and replace with "Planning and Growth Management" wherever it appears.
(44) 
IRC Section 106.3.1, Remove the wording "approved plans per IRC Section R106.3.1 reviewed for code compliance" and replace with "approved to issue."
(45) 
Add an Appendix V to the IRC entitled "Swimming Pools, Spas and Hot Tubs."
(46) 
IRC Appendix V, Swimming Pools, Spas and Hot Tubs, add Section AG105.1.2, Aboveground pools.
AG105.1.2 Aboveground pools.
1.
The terrain under an aboveground pool shall be graded flat.
2.
This level grading shall extend three feet beyond the pool assembly; including the pool barrier/fence/deck perimeter, and/or outermost point of the pool assembly.
3.
Measurements shall be taken perpendicular to the outermost points of the barrier/fence/deck; around the entire pool assembly.
4.
Any decking that is integrated to the pool design, shall be considered part of the pool assembly when calculating this condition.
(47) 
IRC Appendix V, incorporate 2012 IRC Appendix G, "Swimming Pools, Spas and Hot Tubs," in its entirety. Add Requirement 6, "The wire shall not be less than 11.5 gauge," to Section AG 105.2.
(48) 
IBC Section 103, remove the words "Department of Building Safety," and replace with "Planning and Growth Management" wherever it appears.
(49) 
IRC Section R406, Foundation Waterproofing and Dampproofing, remove Section R406.1, Concrete and masonry foundation dampproofing, without replacement. Section 406.2, Concrete and masonry foundation waterproofing, remove the words: "In areas where a high water table or other severe soil/water conditions are known to exist" and replace with "all."
(50) 
IRC Section R110.1, Use and occupancy, remove Exception 2 without replacement.
(51) 
IRC Section R109.1.5, Other inspections, add R109.1.5.2, Energy efficiency.
R109.1.5.2 Energy efficiency. The dwelling shall be inspected to determine compliance with the Maryland Energy Conservation Building Standards and compliance with Chapter 11, Energy Efficiency.
(52) 
IRC Section R109.1.5, Other inspections, add R109.5.3, Load path and wall bracing.
R109.5.3 Load path and wall bracing. The load path inspection which has been required in Charles County since 2004 will now include the wall bracing requirements in Section 602.10, Wall bracing, of the 2015 IRC, and the inspection name has changed to "load path and wall bracing."
(53) 
IRC Section R505, Cold-formed steel floor framing, add R505.3.9, Steel to steel support assemblies.
R505 Steel to steel support assemblies. The use of steel beams in residential construction shall be by engineered design only. In complying with industry standards, steel beams shall be supported by steel columns unless an engineered design specifically requires an alternative support.
(54) 
IRC Section R403.1.4, Minimum depth, replace with the following:
R403.1.4 Minimum depth. Unless otherwise located in the area of geotechnical concern, exterior footings shall not be placed less than 24 inches below the undisturbed ground surface. Where applicable, the depth of the footings shall also conform to Sections 403.1.4.1 through 403.1.4.2. All deck support posts and stair stringers shall be supported on concrete footings a minimum of 16 inches by 16 inches by eight inches.
(55) 
International Plumbing Code (IPC) Section 101.1, Title, insert "Charles County, Maryland."
(56) 
IPC Section 106.6, Fees, remove in its entirety without replacement.
(57) 
Replace the entire IPC Section 109, Means of Appeal, with:
SECTION 109 APPEALS
109.1 General. In order to hear and decide the appeals of orders, decisions, or determinations of the Code Official relative to the application and interpretation of this code, there shall be an administrative policy created for such an appeal by the Department of Planning and Growth Management. This policy and procedure will be maintained by the Department of Planning and Growth Management.
109.2 A written 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 by the Code Official. The appeal of the order, decision, or determination of the Code Official will be processed in writing through the Chief of Codes, Permits and Inspection Services, to the Director of Planning and Growth Management.
(58) 
In the IPC, remove all references to the "International Fire Code" and replace with the "State Fire Code of Maryland."
(59) 
IPC Section 603.1, Size of water service pipe, should read as follows: "The water service pipe shall be sized to supply water to the structure in the quantities and at the pressure required in this code. The minimum diameter of water service pipe shall be one inch."
(60) 
IPC Section 603.2, Separation of water service and building sewer, should read as follows: "Water service pipe and the building sewer shall be separated by 10 feet of undisturbed or compacted earth."
(61) 
IPC Section 701.2, Sewer required, remove the statement "or an approved private sewage disposal system in accordance with the International Private Sewage Disposal Code" without replacement.
(62) 
IPC Section 715.1, Sewage backflow, delete entire section and replace with the following:
715.1 Sewage backflow. Sewage backflow is required on all homes served by a public system regardless of location of first upstream manhole cover.
(63) 
IPC Section 715, add new Section 715.1.1, Sewer repairs.
715.1.1 Sewer repairs. Where repairs are being made to an existing sewer lateral serving an existing dwelling on a public system, repairs must incorporate a sewage backflow device install in accordance with this section.
(64) 
IPC provisions contained in the following appendices are adopted: IPC Appendix B - Rates of Rainfall for Various Cities; Appendix C - Structural Safety; Appendix D - Degree Day and Design Temperatures; and Appendix E - Sizing of Water Piping System.
(65) 
International Fuel Gas Code (IFGC) Section 101.1, Title, insert "Charles County, Maryland."
(66) 
IFGC Section 106.6, Fees, delete without replacement.
(67) 
International Fuel Gas Code (IFGC) Section 107.2, Required inspections and testing, Subsection 1, add the sentence "All underground gas piping requires an underground inspection."
(68) 
Replace the entire section IFGC Section 109, Means of Appeal, and replace with Section 109, Appeals, to read as follows:
SECTION 109 APPEALS
109.1 In order to hear and decide the appeals of orders, decisions, or determinations of the Code Official relative to the application and interpretation of this code, there shall be an administrative policy created for such an appeal by the Department of Planning and Growth Management. This policy and procedure will be maintained by the Department of Planning and Growth Management.
109.2 A written 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 by the Code Official. The appeal of the order, decision, or determination of the Code Official will be processed in writing through the Chief of Codes, Permits and Inspection Services, to the Director of Planning and Growth Management.
(69) 
In the IFGC, remove all references to the "International Fire Code" and replace with the "State Fire Code of Maryland."
(70) 
International Fuel Gas Code (IFGC) Section 404.12, Minimum burial depth, add a Section 404.12.2 with the following statement:
404.12.2 In locations determined by the field inspector to be suceptible to physical damage, the burial depth shall be increased to 18 inches, minimum, below finished grade.
(71) 
International Mechanical Code (IMC) Section 101.1, Title, insert "Charles County, Maryland."
(72) 
IMC Section 106.5, Fees, delete without replacement.
(73) 
Replace the entire section IMC Section 109, Means of Appeal, and replace with Section 109, Appeals, to read as follows:
SECTION 109 APPEALS
109.1 General. In order to hear and decide the appeals of orders, decisions, or determinations of the Code Official relative to the application and interpretation of this code, there shall be an administrative policy created for such an appeal by the Department of Planning and Growth Management. This policy and procedure will be maintained by the Department of Planning and Growth Management.
109.2 A written application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted by the Code Official. The appeal of the order, decision, or determination of the code official will be processed in writing through the Chief of Codes, Permits and Inspection Services, to the Director of Planning and Growth Management.
(74) 
In the IMC, remove all references to the "International Fire Code" and replace with the "State Fire Code of Maryland."
(75) 
International Energy Conservation Code (IECC) Section C101.1, Title, insert "Charles County, Maryland."
(76) 
IECC Section C107, Fees, delete without replacement.
(77) 
In the IECC, remove all references to the "International Fire Code" and replace with the "State Fire Code of Maryland."
(78) 
Replace the entire IECC Section C109, Board of Appeals, and replace with Section C109, Appeals, to read as follows:
SECTION C109 APPEALS
C109.1 In order to hear and decide the appeals of orders, decisions, or determinations of the Code Official relative to the application and interpretation of this Code, there shall be an administrative policy created for such an appeal by the Department of Planning and Growth Management. This policy and procedure will be maintained by the Department of Planning and Growth Management.
109.2 A written 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 by the Code Official. The appeal of the order, decision, or determination of the Code Official will be processed in writing through the Chief of Codes, Permits and Inspection Services, to the Director of Planning and Growth Management.
(79) 
International Existing Building Code (IEBC) Section 101.1, Title, insert "Charles County, Maryland."
(80) 
IEBC Section 108, Fees, delete without replacement.
(81) 
Replace the entire IEBC Section 112, Board of Appeals, and replace with Section 109, Appeals, to read as follows:
SECTION 109 APPEALS
109.1 In order to hear and decide the appeals of orders, decisions, or determinations of the Code Official relative to the application and interpretation of this code, there shall be an administrative policy created for such an appeal by the Department of Planning and Growth Management. This policy and procedure will be maintained by the Department of Planning and Growth Management.
109.2 A written 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 by the Code Official. The appeal of the order, decision, or determination of the Code Official will be processed in writing through the Chief of Codes, Permits and Inspection Services, to the Director of Planning and Growth Management.
(82) 
In the IEBC, remove all references of the "International Fire Code" and replace with the "State Fire Code of Maryland."
(83) 
In the IEBC, remove all references of the "International Property Maintenance Code (IPMC)" without replacement.
(84) 
In the IEBC, remove all references to "Accessibility Requirements - Chapter 11 of the International Building Code (IBC)," and replace with "the Maryland Accessibility Code set forth in COMAR 05.02.02."
(85) 
International Property Maintenance Code (IPMC) Section 101.1, Title, insert "Charles County, Maryland."
(86) 
Replace all references to "Code Official" in the IPMC with "Inspections and Enforcement Manager."
(87) 
IPMC Appendix A, Boarding Standard, is adopted into the Charles County Building Code.
(88) 
If a building permit application has not been issued and because of inactivity an extension request needs to be submitted to the Building Code Official after the adoption date of these new codes, the Building Code Official is authorized to request a conformity review with all applicable new codes as a condition to the extension request.
(89) 
IRC Section R313.1.1, delete text and replace with the following:
R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed in accordance with NFPA 13D.
(90) 
IECC Table 405.5.2(1), under the building component "Vertical fenestration other than opaque doors," delete "(a)" under Standard Reference Design without replacement and amend "(b)" to read "15% of the conditioned floor area."
(91) 
IECC add Section 402.3.3.1, Overhang credit for SHGC (Climate Zone 1-4), with the following text:
402.3.3.1 Overhang credit for SHGC (Climate Zone 1-4)
Projection factor. The ratio of the horizontal depth of an overhang eave, or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang eave, or permanently attached shading device.
R402.3.3 Glazed fenestration SHGC exception. In Climate Zone 1 through 4, permanently shaded vertical fenestration shall be permitted to satisfy the SHGC requirements. The projection factor of an overhang, eave, or permanently attached shading device shall be greater than or equal to the value listed in Table R402.3.3 for the appropriate orientation. The minimum projection shall extend beyond each side of the glazing a minimum of 12 inches. Each orientation shall be rounded to the nearest cardinal orientation (+/-45° or 0.79 RAD) for purposes of calculations and demonstrating compliance.
Table R402.3.3
Minimum Projection Factor Required by Orientation for SHGC Exception
Orientation
Projection Factor
North
>=0.40a
South
>=0.20
East
>=0.50
West
>=0.50
(92) 
IRC Section R403.1.6, Foundation anchorage, add the following exceptions:
3.
Anchor bolts attaching sole plates of interior GB braced wall panels (R602.10) can be replaced with an approved anchorage method with at least 200 plf lateral and 150 plf uplift when all the following conditions are met:
3.1.
The basic wind speed in accordance with Figure R301.2(4)A does not exceed 115 mph.
3.2.
The seismic design category is A or B; and
3.3.
The GB braced wall panels are not part of the exterior wall.
(93) 
IRC Section M1503.4, Makeup air required, amend the first sentence to read as follows: Exhaust hood systems capable of exhausting more than 400 cubic feet per minute shall be mechanically or naturally provided with makeup air at a rate approximately equal to the exhaust air rate in excess of 400 cubic feet per minute.
Add the following text:
Exceptions: Makeup air openings are not required for kitchen exhaust systems capable of exhausting not greater than 600 cubic feet per minute, provided that one of the following conditions are met:
1.
Where the floor area within the air barrier of a dwelling unit is at least 1,500 square feet, and where the natural draft or mechanical draft space or water-heating appliances are not located within the air barrier.
2.
Where the floor area within the air barrier of a dwelling unit is at least 3,000 square feet, and where the natural draft space or water-heating appliances are not located within the air barrier.
3.
Where all appliances in the house are sealed combustion, power-vent, unvented or electric.

§ 224-2 Amendments.

The periodic supplements and amendments adopted by the International Codes Council, Inc. and amendments to the 2015 editions of the previously mentioned I-codes shall become a part of the Charles County Building Code as and when the same shall be adopted by the International Codes Council, Inc.

§ 224-3 Additional provisions.

The following shall be made part of this chapter:
A. 
On-site drainage. The following provisions apply to the conveyance and disposal of stormwater runoff and sump pump discharge not otherwise classed as, or qualified to be, part of the Charles County Stormwater Management, Road, Grading and Sediment Control Ordinances.[1]
(1) 
Drainage. Drainage conveyance systems shall be provided to safely discharge surface and groundwater in such a manner to prevent erosion, overflow, ponding or nuisance of any kind to the nearest practical street, storm drain, adjacent properties, or other adequate conveyance system in accordance with applicable design criteria, standards and procedures as contained herein and as required by approved standards and regulations of the County ordinances listed above.
(2) 
Ponding. The ponding of water shall not be permitted particularly above cut or fill slopes or on drainage terraces, nor shall water be impounded on adjacent property. Adequate drainage/grading shall be provided to prevent such ponding.
(3) 
Improvements. All drainage improvements such as interceptors, diversion berms, swales and ditches shall be designed and constructed in accordance with standards contained elsewhere herein. When required, ditches/swales shall be piped or paved or otherwise improved. Drainage discharging into natural watercourses may require that such natural watercourses be protected from erosion by an adequate amount of riprap or by other acceptable measures as dictated by the County.
(4) 
Groundwater. Springs and surfaces seeps and other groundwaters shall be capped with porous gravel and/or sand with interlaced tile drains or perforated pipes connecting into a piped outfall to a public storm drainage system or natural watercourse.
[1]
Editor's Note: See Ch. 274, Stormwater Management, and Ch. 244, Grading and Sedimentation Control.
B. 
Certification for new residential construction.
(1) 
Written certification, as to compliance to the approval site plan dealing with the foundation wall location and first floor elevation, shall be submitted to Charles County Planning and Growth Management by a registered land surveyor and/or professional engineer according to Subsection B(2) listed below.
(2) 
Written certifications, as to compliance to County ordinances dealing with on-site grading/drainage shall be submitted to the Charles County Planning and Growth Management by the contractor/permit applicant.
(a) 
Foundation wall location and first floor elevation certification for all new residential dwelling construction on lots of one acre or less. For lots greater than one acre, foundation wall location will only be required. This must be submitted prior to completion of framing/wall construction. Failure to comply will result in inspection disapproval and/or issuance of a stop-work order until such time as certification is received.
(b) 
On-site grading/drainage certification for all new residential dwelling construction on lots of one acres or less. This must be submitted prior to the issuance of an use and occupancy. Failure to comply will constitute grounds for issuance of a stop-work order which will not be released until such time as certification is received. On residential dwelling construction, the Charles County Building Code Official may issue a certificate of use and occupancy upon the homeowner's acceptance of responsibility for lot stabilization and for obtaining on-site drainage certification as soon as weather conditions allow.

§ 224-4 New editions.

Whenever new editions of the previously mentioned I-codes are published by the International Codes Council, Inc., the new edition shall become the adopted Building Code of Charles County effective the first day of July the same calendar year of the State of Maryland's adoption date.