[Amended 8-24-1993 by Ord. No. 1993-13; 6-13-1995 by Ord. No. 1995-18; 5-21-1996 by Ord. No. 1996-13; 11-24-1998 by Ord. No. 1998-55; 6-17-2003 by Ord. No.
2003-20; 5-25-2004 by Ord. No. 2004-24; 7-27-2004 by Ord. No.
2004-32; 12-7-2010 by Ord. No. O-10-33; 10-23-2012 by Ord. No. O-12-14; 6-23-2015 by Ord. No. O-15-14; 6-23-2015 by Ord. No.
O-15-17; 11-24-2015 by Ord. No. O-15-27; 6-26-2018 by Ord. No. O-18-13; 9-24-2019 by Ord. No. O-19-14]
A certain code known as the "International Building Code," 2018
Edition, including Appendixes F, G, H, and I, and the whole thereof,
of which a copy is on file with the office of the Clerk of the City
of Hagerstown, be and the same is hereby adopted and incorporated
as fully as if set out at length herein.
The following sections of the International Building Code, 2018
Edition, are amended as follows:
A.
Chapter 1, Scope and Administration: The following sections are amended to read as follows:
(1)
Section 101.1, Title, is amended to read as follows:
101.1 Title. These regulations shall be known as
the Building Code of the City of Hagerstown, hereinafter referred
to as the "City Building Code" or "this code."
(2)
Section 101.2, Scope, Exception, is amended to read as follows:
Exception: 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 International Residential
Code, 2018 Edition, including Appendixes E, F, H, O, and Q, therein
with the following amendments:
(b)
Chapter 2, Section R202, Definitions, Townhouse, the definition
is amended to read as follows:
TOWNHOUSE. A single-family dwelling unit constructed
in a group of three or more attached units in which each unit extends
from foundation to roof and with open space on at least two sides
and is separated by a property line.
(c)
Chapter 3, Building Planning, the following sections and table
are amended to read as follows:
[2]
Section 302.3.1, Nuisance Snow and Ice Conditions, is amended
to read as follows:
302.3.1 Nuisance Snow and Ice Conditions. All public
sidewalks shall be maintained free from accumulations of ice and snow.
It shall be the responsibility of the abutting property owner to maintain
a clear and unobstructed sidewalk for either the width of the sidewalk
or 48 inches, whichever is less. The public sidewalks shall be maintained
as stated above within 24 hours after the storm subsides. Ice and
snow conditions that remain unabated in excess of the above time restrictions
are hereby declared a nuisance and are subject to abatement by the
City or its contractors. All costs associated with the abatement of
said nuisances shall be the responsibility of the property owner and
be billed and collected as per the City Code.
[Added 12-17-2019 by Ord. No. O-19-20[2]]
[2]
Editor's Note: Pursuant to this ordinance, former Subsection A(2)(c)[2] and [3] were renumbered as Subsection A(2)(c)[3] and [4], respectively.
[3]
Section R315.2.2, Exception No. 2 is hereby deleted in its entirety.
[4]
Section R321.3, Accessibility, is amended to read as follows:
R321.3 Accessibility. Elevators or platform lifts
that are part of an accessible route required by the Maryland Accessibility
Code shall comply with the Maryland Accessibility Code [COMAR 05.02.02]
as may be amended or restated from time to time.
(d)
Chapter 4, Foundations, the following sections are amended to
read as follows:
[1]
Section R403.1, General, is amended to read as follows:
R403.1 General. All exterior walls shall be supported
on continuous solid or fully grouted masonry or concrete footings,
wood foundations, or other approved structural systems which shall
be of sufficient design to accommodate all loads according to Section
R301 and to transmit the resulting loads to the soil within the limitations
as determined from the character of the soil. Footings shall be supported
on undisturbed natural soils or engineered fill. Concrete footing
shall be designed and constructed in accordance with the provisions
of Section R403 or in accordance with ACI 332. All structures requiring
continuous footings shall be reinforced with a minimum of two No.
4 reinforcing bars or as specified by a design professional.
Exception: Footings are not required to be stepped
or continuous where changes of footing elevations exceed four feet
(1,220 mm). Such footing can be connected by masonry lintels with
a minimum 18 inches (457 mm) of bearing on steel reinforced footings.
[2]
Section R403.1.4.1, Frost protection, is amended to read as
follows:
R403.1.4.1 Frost protection. Except where erected
upon solid rock or otherwise protected from frost, foundation walls,
piers and other permanent supports of all buildings and structures
shall extend no less than 30 inches (762 mm) below finished grade.
Exception: Storage buildings and other structures,
170 square feet (16 m2) or less in area
and 10 feet (3,048 mm) or less in eave height.
[3]
Section R403.1.6, Foundation Anchorage,
is amended to read as follows:
R403.1.6 Foundation anchorage. Wood sill plates
and wood walls supported directly on continuous foundations shall
be anchored to the foundation in accordance with this section.
Cold-formed steel framing shall be anchored directly to the
foundation or fastened to wood sill plates anchored to the foundation.
Anchorage of cold-formed steel framing and sill plates supporting
cold-formed steel framing shall be in accordance with this section
and Section R505.3.1 or R603.3.1, as applicable. Wood sill plates
supporting cold-formed steel framing shall be anchored to the foundation
in accordance with this section.
Wood sole plates at all exterior walls on monolithic slabs,
wood sole plates of braced wall panels at building interiors on monolithic
slabs and all wood sill plates shall be anchored to the foundation
with minimum one-half-inch-diameter (12.7mm) anchor bolts spaced a
maximum of four feet (1,220 mm) on center or approved anchors or anchor
straps spaced as required to provide equivalent anchorage to one-half-inch-diameter
(12.7 mm) anchor bolts. Bolts shall extend a minimum of seven inches
(178 mm) into concrete or grouted cells of concrete masonry units.
The bolts shall be located in the middle third of the width of the
plate. A nut and washer shall be tightened on each anchor bolt. There
shall be a minimum of two bolts per plate section with one bolt located
not more than 12 inches (305 mm) or less than seven bolt diameters
from each end of the plate section. Interior bearing wall sole plates
on monolithic slab foundation that are not part of a braced wall panel
shall be positively anchored with approved fasteners. Sill plates
and sole plates shall be protected against decay and termites where
required by Sections R317 and R318.
Exceptions:
1.
Walls 24 inches (610 mm) total length or shorter connecting
offset braced wall panels shall be anchored to the foundation with
a minimum of one anchor bolt located in the center third of the plate
section and shall be attached to adjacent braced wall panels at corners
as shown in Item 9 of Table R602.3(1).
2.
Connection of walls 12 inches (305 mm) total length or shorter
connecting offset braced wall panels to the foundation without anchor
bolts shall be permitted. The wall shall be attached to the adjacent
braced wall panels at corners as shown in Item 9 of Table R602.3(1).
[4]
The following sections, figures and tables are hereby deleted
in their entirety:
R403.3, Frost protected shallow foundations
R403.3.1, Foundations adjoining frost protected shallow foundations
R403.3.1.1, Attachment to unheated slab-on-ground structure
Figure R403.3 (1)
Table R403.3 (1)
Figure R403.3 (2)
Table R403.3 (2)
Figure R403.3 (3)
Figure R403.3 (4)
R403.3.1.2, Attachment to heated structure
R403.3.2, Protection of horizontal insulation below ground
R403.3.3, Drainage
R403.3.4, Termite protection
[5]
Section R404.3, Wood sill plates, is amended to read as follows:
R404.3 Wood sill plates. Wood sill plates shall
be a minimum of two-inch by six-inch (51 mm by 152 mm) nominal lumber
for basements and crawl spaces with walls supporting unbalanced fill
in excess of 48 inches (1,220 mm) in height. Other sill plates shall
be a minimum of two-inch by four-inch (51 mm by 102 mm) nominal lumber.
Sill plate anchorage shall be in accordance with Section R403.1.6
and R602.11.
[6]
Section R407.3, Structural requirements, is amended to read
as follows:
R407.3 Structural requirements. The columns shall
be restrained to prevent lateral displacement at the bottom end. Wood
columns shall not be less in nominal size than four inches by four
inches (102 mm by 102 mm). Steel columns shall not be less than three-inch
diameter (76 mm) Schedule 40 pipe manufactured in accordance with
ASTM A 53 Grade B or approved equivalent.
[7]
Section R408.6, Finished grade, is amended to read as follows:
R408.6 Finished grade. The finished grade of under-floor
surface shall not be any lower than the top of the footings, and crawlspace
piers must be dug in or backfilled to top; however, where there is
evidence that the groundwater table can rise within six inches (152
mm) of the finished floor at the building perimeter or where there
is evidence that the surface water does not readily drain from the
building site, the grade in the under-floor space shall be as high
as the outside finished grade, unless an approved drainage system
is provided.
(e)
Chapter 5, Floors: The following sections are amended to read
as follows:
[1]
Section R502.6, Bearing, is amended to read as follows:
R502.6 Bearing. The ends of each joist, beam or
girder shall have not less than 1.5 inches (38 mm) of bearing on wood
or metal and not less than three inches (76 mm) on masonry or concrete
except where supported on a one-inch by four-inch (25.4 mm by 102
mm) ribbon strip and nailed to adjacent stud or by the use of approved
joist hangers. The bearing on masonry or concrete shall be direct,
or a sill plate of two-inch minimum (51 mm) nominal thickness shall
be provided under the joist, beam or girder. The sill plate shall
provide a minimum nominal bearing area of 48 square inches (30,865
mm). When steel shims are used, the shim length and width shall provide
full bearing area for the beam or girder and shall not exceed 1.5
inches (38 mm) in height.
[2]
Section R507.1, Decks, is amended to read as follows:
R507.1 Decks. Wood-framed decks shall be in accordance
with this section or Section R301 for materials and conditions not
prescribed herein. Where supported by attachment to an exterior wall,
decks shall be positively anchored to the primary structure and designed
for both vertical and lateral loads as applicable.
Such attachment shall not be accomplished by the use of toenails
or nails subject to withdrawal. Where positive connection to the primary
building structure cannot be verified during inspection, decks shall
be self-supporting. For decks with cantilevered framing members, connections
to exterior walls or other framing members shall be designed and constructed
to resist uplift resulting from the full live load specified in Table
R301.5 acting on the cantilevered portion of the deck.
(f)
Chapter 6, Wall Construction, Figure R602.3(2), Framing details,
is amended to read as follows:
.tif.png) FIGURE R602.3(2)
FRAMING DETAILS
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(g)
The following chapters are hereby deleted in their entirety:
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chapter 17
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Chapter 24
Chapter 25
Chapter 26
Chapter 27
Chapter 28
(h)
Chapter 29, Water Supply and Distribution: The following sections are amended to read as follows:
[1]
The following sections are hereby deleted in their entirety:
Section P2901 through Section P2903.
[2]
Section P2904.2.3, Freezing areas, is amended to read as follows:
P2904.2.3. Freezing areas. Piping shall be protected
from freezing as required by Section P2904.2.3.1. Where sprinklers
are required in areas that are subject to freezing, dry-sidewall or
dry-pendent sprinklers extending from a nonfreezing area into a freezing
area shall be installed.
[3]
Section P2904.2.3.1, is added as follows:
P2904.2.3.1. Freeze protection. In localities having
a winter design temperature of 32° F. (0° C.) or lower as
shown in Table R301.2 (1) of this code, a water, soil, or waste pipe
shall not be installed outside of a building, in exterior walls, in
attics, or crawl spaces, or in any other place subjected to freezing
temperature unless adequate provision is made to protect it from freezing
by insulation or heat or both. Water service pipe shall be installed
not less than 12 inches (305 mm) deep and not less than six inches
(152 mm) below the frost line.
[4]
The following sections are hereby deleted in their entirety:
Section P2905 through Section P2908.
(j)
Section AQ102, Definitions, Tiny House, is amended to read as
follows:
TINY HOUSE. A dwelling that is 500 square feet
(46.5 m2) or more in floor area, excluding
lofts, subject to the zoning requirements of the City of Hagerstown
Land Management Code.
(3)
Section 101.2 Scope, Exception 2 is added as follows:
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.
(4)
Sections 101.4.1, 101.4.2, 101.4.3, 101.4.4, 101.4.5, 101.4.6 and
101.4.7, are amended to read as follows:
101.4.1 Gas. Any reference to the International Fuel Gas Code (IFGC) shall mean the Plumbing Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article V, of the Code of the City of Hagerstown shall apply to all installations and modifications involving fuel gas.
101.4.2 Mechanical. Any reference to the International Mechanical Code (IMC) shall mean the Mechanical Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article VI, of the Code of the City of Hagerstown shall apply to all installations and modifications involving heating, air conditioning, and mechanical ventilation.
101.4.3 Plumbing. Any reference to the International Plumbing Code (IPC) shall mean the Plumbing Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article V, of the Code of the City of Hagerstown shall apply to all installations and modifications involving plumbing.
101.4.4 Property maintenance. Any reference to the International Property Maintenance Code (IPMC) shall mean the Property Maintenance Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article III, of the City Code of the City of Hagerstown shall apply.
101.4.5 Fire prevention. Any reference to the International
Fire Code (IFC) shall mean the Maryland State Fire Prevention Code
(COMAR 29.06.01), as may be amended or restated from time to time.
101.4.6 Energy. Any reference to the International
Energy Conservation Code (IECC) shall mean the International Energy
Conservation Code, as adopted in the Maryland Building Performance
Standards (COMAR 05.02.07), as may be amended from time to time.
101.4.7 Existing building. Any reference to the
International Existing Building Code (IEBC) shall mean the Maryland
Building Rehabilitation Code (COMAR 05.16), as may be amended or restated
from time to time.
(5)
Sections 101.4.8, 101.4.9, 101.4.10, 101.4.11 and 101.4.12 are added
as follows:
101.4.8 Accessibility. All sections of this code
relating to applicable requirements for accessibility and usability
of buildings and facilities by individuals with disabilities shall
refer to the Maryland Accessibility Code (COMAR 05.02.02), as may
be amended or restated from time to time.
101.4.9 Building. Any reference to the International Building Code (IBC) shall mean the Building Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article I, of the Code of the City of Hagerstown shall apply.
101.4.10 Residential building. Any reference to the International Residential Code (IRC) shall mean the Building Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article I, of the Code of the City of Hagerstown shall apply.
101.4.11 Electrical. Any reference to NFPA 70 or the National Electrical Code (NEC) shall mean the Electrical Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article IV, of the Code of the City of Hagerstown shall apply to all electrical installations and modifications.
(6)
Section 103.1, Creation of enforcement agency, is amended to read
as follows:
103.1 Creation of enforcement agency. This code
shall be administered by the Planning and Code Administration Department,
hereinafter referred to as "the Department." The executive official
in charge thereof or his designee(s) shall be known as the "Code Official."
Any reference to the Department of Building Safety shall mean the
Department. Any reference to the Building Official shall mean the
Code Official.
(7)
Section 105.1, Required, is amended to read as follows:
105.1 Required. Any owner or owner's authorized
agent who intends to construct, enlarge, alter, repair, move, demolish
or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert, or replace any electrical,
gas, mechanical, or plumbing system, the installation of which is
regulated by this code, or to cause such work to be performed, shall
first make application to the Department and obtain the required permit.
(8)
Sections 105.1.1 and 105.1.2 are hereby deleted in their entirety.
(9)
Section 105.2, Work exempt from
permit, Building: Item 1 is amended to read as follows:
1.
One-story detached accessory structures used as tool and storage
shed, playhouses and similar uses, provided that the floor area does
not exceed 100 square feet (9.29 m2).
(10)
Section 105.2, Work exempt from
permit, Building: Item 2 is amended to read as follows:
2.
Fences not over seven feet (2,134 mm) high, unless
there is a vehicular gate. (Note: These fences are still subject to
permitting under the Land Management Code of the City of Hagerstown.)
(11)
Section 105.2, Work exempt from permit, Building: Item 10 is hereby
deleted in its entirety.
(12)
Section 105.2, Work exempt from permit, Electrical, is amended to
read as follows:
Electrical: as noted in the City Electrical Code.
(13)
Section 105.2, Work exempt from permit, Gas, is amended to read as
follows:
Gas: as noted in the City Plumbing Code.
(14)
Section 105.2, Work exempt from permit, Mechanical, is amended to
read as follows:
Mechanical: as noted in the City Mechanical Code.
(15)
Section 105.2, Work exempt from permit, Plumbing, is amended to read
as follows:
Plumbing: as noted in the City Plumbing Code.
(16)
Section 105.2.2, Repairs, is amended to read as follows:
105.2.2 Repairs. Application or notice to the Department
is not required for ordinary repairs to structures, replacement of
lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles. Such repairs shall
not include the cutting away of any wall, partition, or portion thereof,
the removal or cutting of any structural beam or load-bearing support,
or the removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the egress requirements, or the
sandblasting of any wall; nor shall ordinary repairs include addition
to, alteration of, replacement or relocation of any standpipe, water
supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar
piping, electrical wiring or mechanical or other work affecting public
health or general safety.
(17)
Sections 105.3.3, 105.3.4, 105.3.5, 105.3.6 and 105.3.7 are added
as follows:
105.3.3 Site plan approval. Application for building
permits shall not be accepted prior to approval of the site plan,
unless otherwise authorized by the Code Official.
105.3.4 Associated trade permits. Building permits
involving the installation of any electrical wiring or plumbing associated
with the installation of, remodeling of, or additions to swimming
pools, hot tubs, spas, electrical signs and assemblies, and solar
panels shall not be issued prior to the issuance of all associated
plumbing and/or electrical permits.
105.3.5 Water and sewer permits. Building permits
involving the installation of new water and sanitary sewer services
shall not be issued prior to the issuance of the associated water
and sewer connection permits.
105.3.6 Withholding of permits. Wherever the Code
Official shall find that any person, agent, firm or corporation, whether
as owner, lessee or occupant, is in violation of the provisions of
this code or of the rules and regulations of any other department
or agency of the City of Hagerstown in connection with the erection,
maintenance, use or repair of buildings, structures, lands or equipment
thereon or therein, he may refuse to grant any further permits or
inspections until all violations have been corrected and approved.
105.3.7 Transfer of permits. Building permits are
not transferable. In the event that a change in ownership of the referenced
property and/or facility occurs prior to the completion of the permitted
construction, renovations, or demolition, the subsequent owner must
secure a replacement permit prior to starting or resuming work. Fees
in effect at the time of the application for the replacement permit
shall apply.
(18)
Section 105.5, Expiration, is amended to read as follows:
105.5 Expiration. Every permit issued by the Department
under the provisions of this code shall expire and become null and
void if the work authorized by such permit is not commenced within
180 days from the date of such permit, or if the work authorized by
such permit is suspended or abandoned for a period of 180 days at
any time after the work is commenced. Work shall be considered abandoned
if no valid request for inspection is received by the Department for
a period of 180 days. Before such work can be recommenced, the permit
must be reactivated by submitting application for same and paying
a fee as established by Department policy, provided that no changes
have been made or will be made in the original construction documents
for such work, and further that such suspension or abandonment has
not exceeded one year. Every such permit shall expire one year after
issuance, unless an extension is granted in accordance with Section
105.5.1.
(19)
Section 105.5.1 is added as follows:
105.5.1 Extensions. Any permittee holding an unexpired
permit shall have the right to apply for an extension of the time
within which the permittee will commence work under that permit when
work is unable to be commenced within the time required by this section
for good and satisfactory reasons. Unless otherwise approved by the
Chief Code Official, the Department shall extend the time for action
by the permittee for a period not exceeding 180 days if there is reasonable
cause, in accordance with Department policy. The fee for an extension
shall be as established by Department policy.
(20)
Sections 109.2, Schedule of permit fees, and 109.4, Work commencing
before permit issuance, are amended to read as follows:
109.2 Schedule of permit fees. A fee for each building
permit and demolition permit shall be paid prior to the issuance of
said permits as established in the fee schedule. Additional fees,
when applicable, are as follows:
Additional fee for zoning certificate when required: as established
by the Mayor and Council.
Additional fee for Fire Marshal review when required: as specified in City Code, Chapter 98, Fire Protection.
Reinstatement of expired permit: as specified by Department
policy.
In addition to the calculated permit fee required herein, payment
of a technology fee will be required in connection with the issuance
of all the permits.
109.4 Work commencing before permit issuance. In
addition to the building/demolition permit fee, an investigation fee
equal to the amount of the building/demolition permit fee shall be
assessed when the work to be permitted has begun prior to the issuance
of the permit. The maximum additional amount to be charged for this
occurrence shall be $100.
(21)
Section 109.6, Refunds, is amended
to read as follows:
109.6 Refunds. The Department shall authorize the
refunding of fees as follows:
1.
The full amount of any fee paid hereunder which was erroneously paid
or collected.
2.
For a permit in which no associated work has been done, the refund
shall consist of the permit fee less the application fee and any technology
fee.
3.
For a permit in which associated work has commenced, no refund shall
be applicable.
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The Department shall not authorize the refunding of any fee
paid, except upon written application filed by the original permittee
not later than 180 days after the date of the payment.
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(22)
Section 110.3, Required inspections, is amended to read as follows:
110.3 Required inspections. The Code Official,
upon notification from the permit holder or the permit holder's agent,
shall make the inspections set forth in Sections 110.3.1 through 110.3.12.
The holder of the permit shall be responsible for the scheduling of
such inspections.
(23)
Section 110.3.1, Footing and foundation inspection, is amended to
add the following:
110.3.1 Footing and foundation inspection. Footing
and foundation inspections shall be made after excavations for footings
are complete and any required reinforcing steel is in place. For concrete
foundations, any required form shall be in place prior to inspection.
Materials for the foundation shall be on the job, except where concrete
is ready mixed in accordance with ASTM C 94, the concrete need not
be on the job. All required foundation damp-proofing and/or waterproofing
materials must be in place.
(24)
Section 110.3.11, Ceiling close-in inspection, is added to read as
follows:
110.3.11 Ceiling close-in inspection. The ceiling
close-in inspection shall be made after all work required and other
components to be concealed are complete, prior to the installation
of suspended ceiling systems or finishes.
(25)
Section 110.3.11, Final inspection, is amended to read as follows:
110.3.11 Final inspection. The final inspection
shall be made after all work required by the building permit is completed.
Final approval shall be issued only after the following conditions,
if applicable, are met:
(26)
Section 110.5, Inspection requests, is amended to read as follows:
110.5 Inspection requests. It shall be the duty
of the permit holder or their duly authorized agent to notify the
Department when work is ready for inspection. Inspection requests
must be made at least 24 hours in advance. In the event that the premises
are not ready for the requested inspection or the premises are not
safely accessible, a reinspection fee for each additional visit for
the same inspection may be imposed. The fee for a reinspection shall
be as established in the fee schedule.
(27)
Section 113.1, General, and 113.2, Limitations on Authority, are
amended to read as follows:
113.1 Application for appeal. Any person directly
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 Board of Appeals,
provided that a written application for appeal is filed within 20
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.
113.2 Board of Appeals. Any reference to a board of appeals in this code shall be construed to mean the City of Hagerstown Board of Code Appeals as established by the Code of the City of Hagerstown, Chapter 10, Article XIV. This Board shall administer the appeal process in accordance with the Code of the City of Hagerstown, Chapter 10, Article XIV.
(28)
Section 113.3 is hereby deleted in its entirety.
(29)
Section 114.4, Violation penalties, is amended to read as follows:
114.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official or of a permit or certificate issued under the provisions of this code, unless such action is specifically identified as a misdemeanor, shall be deemed to have committed a municipal infraction and shall be subject to the regulations as set forth in Chapter 1, General Provisions, Article III, Municipal Infractions, of the City Code. The fine for committing a municipal infraction under this code shall be up to $500 for each violation, subject to the municipality's authority to double the fine pursuant to the Maryland Annotated Code, Local Government Article, §§ 6-106(a)(2) and 6-107. Each day that a violation continues shall be deemed a separate offense.
Actions or violations specifically identified as a misdemeanor
shall be punishable by a fine of not more than $500 or by imprisonment
not exceeding 90 days, or by both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate offense.
(30)
Section 115.2, Issuance, is amended to read as follows:
115.2 Issuance. The stop-work order shall be in
writing and shall be given to the owner of the property involved,
or to the owner's agent, or to the person performing the work, or
posted at the property. Upon issuance of a stop-work order, the cited
work shall immediately cease. The stop-work order shall state the
reason for the order, and the conditions under which the cited work
will be permitted to resume.
B.
Chapter 3, Use and Occupancy Classification: The following sections
are amended to read as follows:
(1)
Section 305.2.3, Five or fewer children in a dwelling unit, is amended
to read as follows:
305.2.3 Eight or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having eight
or fewer persons receiving custodial care shall be classified as Group
R-3 occupancy or shall comply with the International Residential Code.
(2)
Section 308.5.4, Five or fewer persons receiving care in a dwelling
unit, is amended to read as follows:
308.5.4 Eight or fewer persons receiving care in a dwelling
unit. A facility such as the above within a dwelling unit and
having eight or fewer persons receiving custodial care shall be classified
as Group R-3 occupancy or shall comply with the International Residential
Code.
D.
Chapter 7, Fire-Resistance-Rated Construction, Section 706.6,
Vertical continuity, is amended to add the following to the list of
exceptions:
7.
In Groups R-2 and R-3, as applicable in Section
101.2, walls are permitted to terminate at the roof sheathing or deck
in Types III, IV, and V construction, if:
7.1
The roof sheathing or deck is constructed of approved noncombustible
materials or of fire-retardant-treated wood for a distance of four
feet (1,220 mm) on both sides of the wall; or
7.2
The building is equipped throughout with an automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2 for Group
R-2, and Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 for Group R-3;
or
7.3
All of the following:
7.3.1
The roof is protected with five-eighths-inch (15.9 mm) Type
X gypsum board directly beneath the underside of the roof sheathing
or deck, supported by a minimum of two-inch (51 mm) ledgers attached
to the side of the roof framing members, for a minimum distance of
four feet (1,220 mm) on both sides of the fire wall; and
7.3.2
Openings in the roof are not located within four feet (1,220
mm) of the firewall; and
7.3.3
The roof is covered with a minimum Class C roof covering.
E.
Chapter 9, Fire Protection Systems, Section 907.2.10.2, (Fire Alarm
and Detections Systems) R-2, R-3, R-4, and I-1, is amended to add
Section 907.2.10.2.1, Alterations, repairs and additions, as follows:
907.2.10.2.1 Alterations, repairs and additions. When interior alterations, repairs or additions requiring a building
permit occur, or when one or more sleeping rooms are added or created
in existing dwellings, the individual dwelling unit shall be equipped
with smoke alarms located as required for new dwellings; the smoke
alarms shall be interconnected and hardwired.
Exception: Interconnection and hard-wiring of smoke
alarms in existing areas shall not be required where the alterations
or repairs do not result in the removal of interior wall or ceiling
finishes exposing the structure, unless there is an attic, crawl space
or basement available which could provide access for hard wiring and
interconnection without the removal of interior finishes.
F.
Chapter 10, Means of Egress: The following sections are amended to read as follows:
(1)
Section 1015.2, Where required,
is amended to read as follows:
1015.2 Where required. Guards shall be located
along open-sided walking surfaces, including mezzanines, equipment
platforms, aisles, stairs, ramps, landings and rooftop egress routes
that are located more than 30 inches (762 mm) measured vertically
to the floor or grade below at any point within 36 inches (914 mm)
horizontally to the edge of the open side. Guards shall be adequate
in strength and attachment in accordance with Section 1607.8.
Exception: Guards are not required for the following
locations:
1.
On the loading side of loading docks or piers.
2.
On the audience side of stages and raised platforms, including stairs
leading up to the stage and raised platform.
3.
On raised stage and platform floor areas, such as runways, ramps
and side stages used for entertainment or presentations.
4.
At vertical openings in the performance area of stages and platforms.
5.
At elevated walking surfaces appurtenant to stages and platforms
for access to and utilization of special lighting or equipment.
6.
Along vehicle service pits not accessible to the public.
7.
In assembly seating areas at cross aisles in accordance with Section
1029.17.2.
(2)
Section 1015.2.2, Rooftop egress routes, is added as follows:
1015.2.2 Rooftop egress routes. Guards shall be
provided where the rooftop is used as a means of egress from Group
R occupancies. Guards shall be installed the entire length of the
designated walking surface as defined in Section 1024.1.1, from the
exit access doorway or window to the exit access stairway leading
to the exit discharge. The guards shall be constructed so as to prevent
the passage of a sphere 21 inches (533 mm) in diameter, unless the
exit access is within 36 inches (965 mm) of a roof edge or open side
of a walking surface and such edge or open side is located more than
30 inches (762 mm) above the floor, roof, or grade below, then the
requirements of Section 1015.4 shall apply.
(3)
Section 1024.1.1, Rooftop egress routes, is added as follows:
1024.1.1 Rooftop egress routes. Where the rooftop
is to be used as a means of egress from Group R occupancies, approval
by the Code Official must be obtained and a designated walking surface
must be provided. The designated walking surface shall be of the required
width to serve the occupant load as specified in Section 1005.1 or
be not less than 36 inches (914 mm) in width, shall have a slope less
than or equal to a 4:12 slope in any direction, shall have a slip-resistant
coating or other approved surface covering, and shall be provided
guards in accordance with Section 1015.2.2. The designated walking
surfaces shall be maintained free of hazards, such as sharp or protruding
objects, loose boards, corrosion, leaks, spills, snow, and ice.
G.
Chapter 11, Accessibility, is hereby deleted in its entirety.
H.
Chapter 16, Structural design, Section 1608.2, Ground snow loads,
is amended to read as follows:
1608.2 Ground snow loads. The ground snow loads
to be used in determining the design snow loads for roofs shall be
40 pounds per square foot.
I.
Chapter 18, Soils and Foundations, Section 1809.5, Frost protection,
is amended to read as follows:
1809.5 Frost protection. Except where erected upon
solid rock or otherwise protected from frost, foundation walls, piers
and other permanent supports of all buildings and structures shall
extend no less than 30 inches (762 mm) below finished grade.
Exception: Storage buildings and other structures
within Use Group U, 170 square feet or less in area and 10 feet or
less in eave height.
J.
Chapter 23, Wood, Section 2308.3.1, Foundation plates or sills, is
amended to read as follows:
2308.3.1 Foundation plates or sills. Foundation
plates or sills resting on concrete or masonry foundations shall comply
with Section 2304.3.1. Foundation plates or sills shall be bolted
or anchored to the foundation with not less than one-half-inch-diameter
(12.7 mm) steel bolts or approved anchors spaced to provide equivalent
anchorage as the steel bolts. Bolts shall be embedded not less than
seven inches (178 mm) into concrete or masonry. The bolts shall be
located in the middle third of the width of the plate. Bolts shall
be spaced not more than four feet (1,219 mm) on center and there shall
be not less than two bolts or anchor straps per piece with one bolt
or anchor strap located not more than 12 inches (305 mm) or less than
four inches (102 mm) from each end of each piece. Bolts in sill plates
of braced wall lines in structures over two stories above grade shall
be spaced not more than four feet (1,219 mm) on center. A properly
sized nut and washer shall be tightened on each bolt to the plate.
K.
Chapter 24, Glass and Glazing, Section 2406.1, Human impact loads,
is amended by adding Section 2406.1.5, to read as follows:
2406.1.5 Code conflict. In the event of conflict
between this chapter and the requirements for safety glazing set forth
in Public Safety Article, Title 12, Subtitle 4, of the Annotated Code
of Maryland, the requirements set forth in the Annotated Code of Maryland
shall prevail.
L.
Chapter 27, Electrical, is hereby deleted in its entirety.
N.
Chapter 30, Elevators and Conveying Systems, Section 3001, General,
is amended to read as follows:
3001.1 Scope. This chapter governs the design,
construction, installation, alteration and repair of elevators and
conveying systems and their components. The provisions of this chapter
relate to elevators and conveying systems and are in addition to and
not instead of the requirements set forth in Public Safety Article,
Title 12, Subtitle 8, of the Annotated Code of Maryland. In the event
of a conflict between this code and the Annotated Code of Maryland,
the provisions of the Annotated Code of Maryland shall prevail.
O.
Chapter 31, Special Construction, Section 3109.1.1, Swimming Pool
and Spa Code, is added as follows:
3109.1.1 Swimming Pool and Spa Code shall be added
and amended as follows:
A certain code known as the "International Swimming Pool and
Spa Code," 2018 Edition, and the whole thereof, of which a copy is
on file with the office of the Clerk of the City of Hagerstown, be
and the same is hereby adopted and incorporated as fully as if set
out at length herein.
(1)
Section 101.1, Title, is amended to read as follows:
101.1 Title. These regulations shall be known as
the Swimming Pool and Spa Code of the City of Hagerstown, hereinafter
referred to as the "Swimming Pool and Spa Code" or "this code."
(2)
Section 102.7.1, Application of the International Codes, is amended
to read as follows:
102.7.1 Application of the International Codes. Where the International Codes are referenced in this code, the provisions
of the International Code shall apply to related systems and shall
be considered as a part of the requirements of this code to the prescribed
extent of each reference and as further regulated in Sections 102.7.1.1
through 102.7.1.12.
102.7.1.1 Residential building. Any reference to the International Residential Code (IRC) shall mean the Building Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article I, of the Code of the City of Hagerstown shall apply.
102.7.1.2 Building. Any reference to the International Building Code (IBC) shall mean the Building Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article I of the Code of the City of Hagerstown shall apply.
102.7.1.3 Electrical. Any reference to the NFPA 70 or the National Electrical Code (NEC) shall mean the Electrical Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article IV, of the Code of the City of Hagerstown shall apply to all electrical installations and modifications.
102.7.1.4 Existing building. Any reference to the
International Existing Building Code (IEBC) shall mean the Maryland
Building Rehabilitation Code (COMAR 05.16), as may be amended or restated
from time to time.
102.7.1.5 Mechanical. Any reference to the International Mechanical Code (IMC) shall mean the Mechanical Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article VI, of the Code of the City of Hagerstown shall apply to all installations and modifications involving heating, air conditioning and ventilation.
102.7.1.6 Fire prevention. Any reference to the
International Fire Code (IFC) shall mean the Maryland State Fire Prevention
Code (COMAR 29.06.01), as may be amended or restated from time to
time.
102.7.1.7 Gas. Any reference to the International Fuel Gas Code (IFGC) shall mean the Plumbing Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article V, of the Code of the City of Hagerstown shall apply to all installations and modifications involving fuel gas.
102.7.1.8 Energy. Any reference to the International
Energy Conservation Code (IECC) shall mean the International Energy
Conservation Code, as adopted in the Maryland Building Performance
Standards (COMAR 05.02.07), as may be amended from time to time.
102.7.1.9 Property maintenance. Any reference to the International Property Maintenance Code (IPMC) shall mean the Property Maintenance Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article III, of the City Code of the City of Hagerstown shall apply.
102.7.1.10 Plumbing. Any reference to the International Plumbing Code (IPC) shall mean the Plumbing Code of the City of Hagerstown as adopted by the Mayor and City Council. The provisions of Chapter 64, Article V, of the Code of the City of Hagerstown shall apply to all installations and modifications involving plumbing.
102.7.1.11 Accessibility. All sections of this
code relating to applicable requirements for accessibility and usability
of buildings and facilities by individuals with disabilities shall
refer to the Maryland Accessibility Code (COMAR 05.02.02), as may
be amended or restated from time to time.
(3)
Section 103.1, Creation of an enforcement agency, is amended to read
as follows:
103.1 Creation of enforcement agency. This code
shall be administered by the Planning and Code Administration Department,
hereinafter referred to as the "Department." The executive official
in charge thereof or his designee(s) shall be known as the "Code Official."
Any reference to the Department of Building Safety shall mean the
Department.
(4)
Section 105.1, When required, is amended to read as follows:
105.1 When required. Any owner, or owner's authorized
agent who desires to construct, enlarge, alter, repair, move, demolish
a pool or spa or to erect, install, enlarge, alter, repair, remove,
convert, or replace any associated pool or spa system, the installation
of which is regulated by this code, or to cause such work to be performed,
shall first make application to the Department and obtain the required
permit for the work.
(5)
Section 105.2, Application for permit, is amended to read as follows:
105.2 Application for permit. Each application
for a permit, with the required fee, shall be filed with the Department
on a form furnished for that purpose and shall contain a general description
of the proposed work and its location. The application shall be signed
by the owner or owner's authorized agent. The permit application shall
contain such other information required by the Code Official.
(6)
Section 105.5.3, Expiration, is amended to read as follows:
105.5.3 Expiration. Every permit issued by the
Department under the provisions of this code shall expire and become
null and void if the work authorized by such permit is not commenced
within 180 days from the date of such permit, or if the work authorized
by such permit is suspended or abandoned for a period of 180 days
at any time after the work is commenced. Work shall be considered
abandoned if no valid request for inspection is received by the Department
for a period of 180 days. Before such work can be recommenced, the
permit must be reactivated by submitting application for same and
paying a fee as established by Department policy, provided that no
changes have been made or will be made in the original construction
documents for such work, and further that such suspension or abandonment
has not exceeded one year. Every such permit shall expire one year
after issuance, unless an extension is granted in accordance with
Section 105.5.4.
(7)
Section 105.5.4, Extensions, is amended to read as follows:
105.5.4 Extensions. Any permittee holding an unexpired
permit shall have the right to apply for an extension of the time
within which the permittee will commence work under that permit when
work is unable to be commenced within the time required by this section
for good and satisfactory reasons. Unless otherwise approved by the
Chief Code Official, the Department shall extend the time for action
by the permittee for a period not exceeding 180 days if there is reasonable
cause, in accordance with Department policy. The fee for an extension
shall be as established by Department policy.
(8)
Section 105.6.2, Fee schedule, is amended to read as follows:
105.6.2 Fee schedule. Fees for permits shall be
paid as established in the fee schedule.
(9)
Section 105.6.3, Fee refunds, is
amended to read as follows:
105.6.3 Fee refunds. The Department shall authorize
the refunding of fees as follows:
1.
The full amount of any fee paid hereunder which was erroneously paid
or collected.
2.
For a permit in which no associated work has been done, the refund
shall consist of the permit fee less the application fee and any technology
fee.
3.
For a permit in which associated work has commenced, no refund shall
be applicable.
|
The Department shall not authorize the refunding of any fee
paid, except upon written application filed by the original permittee
not later than 180 days after the date of the payment.
|
(10)
Section
106.2, Required inspections and testing, is amended to read as follows:
106.2 Required inspections and testing. Pool and
spa installations or alterations thereto, including equipment, piping,
and appliances related thereto, shall be inspected by the Code Official
to ensure compliance with the requirements of this code. The holder
of the permit shall be responsible for the scheduling of such inspections.
(11)
Section 106.5, Inspection requests, is amended to read as follows:
106.5 Inspection requests. It shall be the duty
of the permit holder or their duly authorized agent to notify the
Department when work is ready for inspection. Inspection requests
must be made at least 24 hours in advance. In the event that the premises
are not ready for the requested inspection or the premises are not
safely accessible, a reinspection fee for each additional visit for
the same inspection may be imposed. The fee for a reinspection shall
be as established in the fee schedule.
(12)
Section 107.4, Violation penalties, is amended to read as follows:
107.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official or of a permit or certificate issued under the provisions of this code, unless such action is specifically identified as a misdemeanor, shall be deemed to have committed a municipal infraction and shall be subject to the regulations as set forth in Chapter 1, General Provisions, Article III, Municipal Infractions, of the City Code. The fine for committing a municipal infraction under this code shall be up to $500 for each violation, subject to the municipality's authority to double the fine pursuant to the Maryland Annotated Code, Local Government Article, §§ 6-106(a)(2) and 6-107. Each day that a violation continues shall be deemed a separate offense.
Actions or violations specifically identified as a misdemeanor
shall be punishable by a fine of not more than $500 or by imprisonment
not exceeding 90 days, or by both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate offense.
(13)
Section 107.5, Stop-work orders, is amended to read as follows:
107.5 Stop-work orders. Upon notice from the Code
Official, work on any gas system that is being done contrary to the
provisions of this code or in a dangerous or unsafe manner shall immediately
cease. Such notice shall be in writing and shall be given to the owner
of the property, or to the owner's agent, or to the person performing
the work, or posted at the property. The notice shall state the conditions
under which work is authorized to resume. Where an emergency exists,
the Code Official shall not be required to give a written notice prior
to stopping the work. Any person who shall continue any work in or
about the structure after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine of $500.
(14)
Section 108.1, Application for appeal, and 108.2, Membership of board,
are amended to read as follows:
108.1 Application for appeal. Any person directly
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 Board of Appeals,
provided that a written application for appeal is filed within 20
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.
108.2 Board of Appeals. Any reference to a board of appeals in this code shall be construed to mean the City of Hagerstown Board of Code Appeals as established by Code of the City of Hagerstown, Chapter 10, Article XIV. This Board shall administer the appeal process in accordance with the Code of the City of Hagerstown, Chapter 10, Article XIV.
(15)
Sections 108.2.1 through 108.7 are hereby deleted in their entirety.
(16)
Section 305.1, General, is amended to delete the noted Exceptions
in their entirety.
(17)
Section 305.5, Onground residential
pool structure as a barrier, is amended to read as follows:
305.5 On-ground residential pool structure as a barrier. An on-ground residential pool wall structure or a barrier mounted
on top of an on-ground residential pool structure shall serve as a
barrier where all of the following conditions are present:
1.
Where only the pool wall serves as the barrier, the bottom of the
wall is on grade, the top of the wall is not less than 48 inches (1,219
mm) above grade for the entire perimeter of the pool, the wall complies
with the requirements of Section 305.2 and the pool manufacturer allows
the wall to serve as a barrier.
2.
Where a barrier is mounted on top of the pool wall, the top of the
barrier is not less than 48 inches (1,219 mm) above grade for the
entire perimeter of the pool, and the wall and the barrier on top
of the wall comply with the requirements of Section 305.2.
3.
Ladders or steps used as a means of access to the pool must be surrounded
by a barrier that meets the requirements of Section 305.
4.
Barriers that are mounted on top of on-ground residential pool walls
are installed in accordance with the pool manufacturer's instructions.
P.
Chapter 33, Safeguards During Construction: The following sections are amended to read as follows:
(1)
Section 3302.3, Fire safety during construction, is amended to read
as follows:
3302.3 Fire safety during construction. Fire safety
during construction shall comply with the applicable requirements
of this code and the applicable provisions of the Maryland State Fire
Prevention Code (COMAR 29.06.01), as may be amended or restated from
time to time.
(2)
Section 3303.7, Fire safety during demolition, is amended to read
as follows:
3303.7 Fire safety during demolition. Fire safety
during demolition shall comply with the applicable requirements of
this code and the applicable requirements of the Maryland State Fire
Prevention Code (COMAR 29.06.01), as may be amended from time to time.
Q.
Appendix H, Signs, is amended by adding Section H112.6, Projecting
signs, to read as follows:
H112.6 Projecting signs. A person shall not erect,
install, rehang or maintain over public property any sign, awning,
canopy, or other overhanging device for which a permit is required
under the provisions of this code until an insurance policy shall
have been filed for public liability insurance in the amount of $300,000
per accident and for property damage in the amount of $100,000 as
herein required.
Such insurance policy shall protect and save the jurisdiction
of the City of Hagerstown harmless from any and all claims or demands
for damages by any reason of defects in the construction or by any
damage resulting from the collapse, failure, or combustion of the
sign or parts thereof, and it shall be required that the City of Hagerstown
be named as additional insured in the certificate of insurance, a
copy of which shall be filed in the office of the Department.
A.
Licenses required. All carpenters and/or contractors who desire to
engage or work in the business of real estate repair and/or construction
within the City of Hagerstown are required to procure a license or
working permit, and it shall be unlawful for any person, firm, association
or corporation to do any carpentry or construction work relating to
real estate in the City of Hagerstown unless first licensed to do
so as hereinafter provided.
B.
Employment of unlicensed personnel prohibited. It shall be unlawful
for any owner, lessee or agent or other person having any authority
or duty in connection with any building or premises within the City
of Hagerstown to employ any person, firm, association or corporation
to do any construction or repair work in any such building or premises
unless such person, firm, association or corporation is so licensed.
C.
Qualifications. The license required hereunder shall be granted by
the Department upon proof by an applicant of at least four years of
practical experience at the trade and the payment of the license fee
and the posting of a bond as hereinafter provided.
D.
License duration; fees. The license period shall be for a maximum
period of two years and shall expire December 31 of each odd calendar
year. The license fee shall be as established in the fee schedule.
E.
Technology fee. In addition to the annual license fee required herein,
each licensee shall be required to pay a technology fee in connection
with the issuance of each license. The amount of the technology fee
shall be as established in the fee schedule.
F.
Filing of bond required. Upon the issuance of a license and before
engaging in business, every licensee shall file with the Department
a bond in the amount of $20,000 with approved security conditioned
to keep and save the City of Hagerstown free and harmless from any
damages or expense in connection with any work or act arising out
of the license so issued by the Department to such carpenters and/or
contractors. These bonds shall be made in favor of the City of Hagerstown,
Maryland, and filed with the Department.
G.
Corporate licensing. A construction firm, association or corporation
shall require only one license; provided, however, that all construction
and/or repair work is done by employees of the licensed firm, association
or corporation which shall be responsible for the work and acts of
such employees.
H.
Licenses nontransferable. No carpenter, construction firm, association
or corporation shall allow his/her or its name or license to be used
by any other person, firm, association or corporation for doing construction
and/or repair work or for any purpose whatsoever.
I.
Suspension or revocation of license. The Code Official may suspend or revoke any license for failure to correct faulty work, for performing work without proper permits, for engaging in unsafe acts or operating in an unsafe manner or for lending his/her name or license to others for the purpose of obtaining building permits. The holder of said license or working permit may appeal the suspension or revocation to the Board of Code Appeals, as outlined in Chapter 10, Article XIV, of the Code of the City of Hagerstown.
The International Building Code, 2018 Edition, including Appendixes F, G, H, and I along with the amendments in § 64-2, shall be known as the "Building Code of the City of Hagerstown."
