[HISTORY: Adopted by the Mayor and Council of the Town of Galena 9-5-2017 by Ord. No.2017-02[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Housing code — See Ch. 91.
Land use — See Ch. 105.
Property maintenance — See Ch. 131.
[1]
Editor's Note: This ordinance provided that the recitals thereto are incorporated by reference and are a substantive part of this ordinance. The full ordinance, including the recitals, is on file in the Town offices.
The following standards and codes and any subsequent amendments thereto or replacement editions thereof, are hereby adopted collectively, by reference as the Building Code of the Town of Galena, as if the codes were set forth in full in this section, with the additions, insertions, deletions, and changes, if any, shown in Appendix "A," attached hereto and made part hereof.[1]
A. 
The Maryland Building Performance Standards ("MBPS"), as prescribed in COMAR§§ 05.02.07.01 through 05.02.07.09;
B. 
The International Building Code ("IBC");
C. 
The International Residential Code ("IRC"); and
D. 
The Maryland Accessibility Code as set forth in COMAR 05.02.02.
[1]
Editor's Note: Appendix "A" is on file in the Town offices.
The Town may, from time to time, appoint inspectors ("Building Inspector") for the purpose of enforcing the Building Code or may designate such other person, firm, corporation, municipality or county as the Town sees fit to perform such inspections.
A. 
Upon receipt of an application for a building permit and the payment of the fees as provided herein, the application shall be laid before the Building Inspector or if no Building Inspector is appointed, before the Town Administrator or such other person or agency designated by the Mayor and Council, and a permit shall be issued only after the application is deemed to be in proper order.
B. 
In the event that any application for a permit is disapproved, the fees paid on account thereof shall not be returned to the applicant upon demand. The Clerk shall cause to be kept on file all applications, plans and specifications which shall have been submitted, and the same shall be open for public inspection.
No building of any description shall be erected or removed and no structural alteration or addition that requires a change in the foundations or roofline of the same shall be made unless and until a permit shall have been first obtained, provided, however, that buildings under 200 square feet are exempt from this requirement. Additionally, no permit is required for construction that does not affect structural integrity.
Every person who erects or causes to be erected any building within the Town limits or makes any structural alterations or additions requiring a permit shall, before commencing work, make a written application to the Town office for a permit, the same to be accompanied by plans and specifications for approval and to contain the name of the owner, lot and square number, kind of building, number of stories in height, dimensions of building and location of same on lot, the contemplated use of said building and the estimated value of the building, alterations or additions. All applications for a permit for erection of any new building shall be accompanied by a fee as provided herein. Upon approval a building permit shall be issued. Every plan for the erection of a new building must show thereon that suitable provisions have been made for construction of an approved sanitary disposal system.
Building permit fees will be determined by the resolution of the Mayor and Council.
A. 
State modifications to the Building Code can be found in COMAR 05.02.07.04-B(1) through (15) and COMAR 05.02.07.04-C(1) through (10).
B. 
Town modifications to the Building Code consist of the following:
(1) 
All references to "building official" shall mean the Building Inspector for the Town of Galena, Maryland, who is authorized to enforce the Building Code;
(2) 
All references to a local subdivision shall mean the Town of Galena.
Any person who violates a provision of the Building Code or who fails to comply with any other requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents issued by the Town of Galena, or in violation of a permit or certificate issued under the provisions of the Building Code, shall be guilty of a municipal infraction as set forth in Chapter 25 of the Code of the Town of Galena. Each day that a violation continues shall be deemed a separate offense.
Should any provision, section, paragraph or subparagraph of this chapter, including any code or text adopted hereby, be declared null and void, illegal, unconstitutional, or otherwise determined to be unenforceable by a court having jurisdiction, the same shall not affect the validity, legality, or enforceability of any other provision, section, paragraph or subparagraph hereof, including any code or text adopted hereby. Each such provision, section, paragraph or subparagraph is expressly declared to be and is deemed severable.
This ordinance shall not discharge, impair or release any contract, obligation, duty, liability or penalty whatever existing on the date of its enactment. All suits and actions, both civil and criminal, pending or which may hereafter be instituted for causes of action now existing or offenses already committed against any law or ordinance affected by the adoption of this chapter shall be instituted, proceeded with and prosecuted to final determination and judgment as if this chapter had not become effective.