Town of Bel Air, MD
Harford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Town Commissioners of the Town of Bel Air 3-11-1980 by Ord. No. 310 as Ch. 8, Arts. 1 and 2 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Address numbers — See Ch. 115.
Development regulations — See Ch. 165.
Electrical standards — See Ch. 180.
Fire prevention — See Ch. 204.
Floodplain management — See Ch. 210.
Historic preservation — See Ch. 246.
Impact fees — See Ch. 265.
Minimum Livability Code — See Ch. 301.
Plumbing and gas fitting standards — See Ch. 353.
Sediment control — See Ch. 390.
Sewers — See Ch. 397.
Stormwater management — See Ch. 405.

§ 145-1 Office of Building Official.

A. 
The office of Building Official is hereby created and the executive official in charge shall be known as the "Building Official."
B. 
The Building Official shall be appointed by the Commissioners.
C. 
During temporary absence or disability of the Building Official, the appointing authority shall designate an Acting Building Official.

§ 145-2 General duties of Building Official.

A. 
The Building Official shall receive applications required by the Building Code, issue permits and furnish the prescribed certificates. The Building Official shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is practiced safely. The Building Official shall enforce all provisions of the Building Code. The Building Official shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the Building Code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in buildings and structures, the Building Official shall issue such notices or orders as may be necessary.
B. 
Inspections required under the provisions of the Building Code shall be made by the Building Official or his/her duly appointed assistant. The Building Official may accept reports of inspectors of recognized inspection services after investigation of their qualifications and reliability. No certificate called for by any provision in the Building Code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.
C. 
The Building Official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered and of notices or orders issued. The Building Official shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence.
D. 
All such records shall be open to public inspection for good and sufficient reasons at the stated office hours but shall not be removed from the office of the Building Official without his written consent.
E. 
Written reports shall be made to the Building Official's immediate superior once each month, or more often if requested, including statements of permits and certificates issued and orders promulgated.

§ 145-3 Right of entry of Building Official.

The Building Official, in the discharge of official duties, and upon proper identification, shall have authority to enter any building, structure, or premises at any reasonable hours.

§ 145-4 Review of proposed construction in flood-prone areas.

The Director of Planning and Community Development of the Town of Bel Air or his/her designee shall be the agent of the Town Building Official for the purpose of reviewing all subdivision proposals, new development proposals and building permit applications for new construction or substantial improvements to determine whether the proposed building site is subject to the Town's flood management requirements as specified in Chapter 210 of the Town Code.

§ 145-5 Adoption of Building Code.

[Amended 3-17-2008 by Ord. No. 707-08; 11-17-2008 by Ord. No. 715-08; 2-22-2011 by Ord. No. 739-11; 6-18-2012 by Ord. No. 751-12; 10-5-2015 by Ord. No. 772-15]
For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, use and occupancy, location and maintenance of buildings and structures within the Town of Bel Air, including but not limited to the granting and revocation of permits and the fixing of penalties and fees, the Town of Bel Air hereby adopts the 2015 International Building Code, the 2015 International Residential Code and the 2015 International Mechanical Code (hereinafter referred to as the "Building Code" or "code") published by the International Code Council, Inc., and by reference thereto such codes are made a part of this chapter with the same force and effect as though set out in full herein, save and except as such changes, amendments, revisions, deletions, subsections and/or additions are specified in this chapter. If conflicts with this Code or with changes, amendments, revisions, deletions, subsections and/or additions to that code are found elsewhere in the code, the most restrictive provisions shall govern.

§ 145-6 Definitions.

[Amended 3-17-2008 by Ord. No. 707-08; 2-22-2011 by Ord. No. 739-11; 6-18-2012 by Ord. No. 751-12; 10-5-2015 by Ord. No. 772-15]
As used in this code, the following terms shall have the meanings indicated:
BUILDING OFFICIAL
The Director of the Department of Public Works or his/her designee.
DEPARTMENT OF BUILDING SAFETY
The Department of Public Works.
ICC ELECTRICAL CODE
The electrical standards and regulations (Chapter 180 of the Bel Air Town Code).
ICC/ANSI 117.1
Maryland Accessibility Code set forth in Code of Maryland Regulations, Title 5, Subtitle 05.02.02.
INTERNATIONAL FUEL GAS CODE
The plumbing standards and regulations (Chapter 353 of the Bel Air Town Code).

§ 145-7 Changes and additions to International Building Code.

[Amended 3-17-2008 by Ord. No. 707-08; 11-17-2008 by Ord. No. 715-08; 2-22-2011 by Ord. No. 739-11; 6-18-2012 by Ord. No. 751-12; 10-5-2015 by Ord. No. 772-15]
A. 
The following subsections are changes or additions to certain sections of the 2015 International Building Code:
(1) 
Subsection 101.1 is hereby amended by substituting "Town of Bel Air" for "name of jurisdiction" in the second line.
(2) 
Subsection 101.2.1 is deleted and the following is inserted in lieu thereof:
101.2.1 Appendices. Provisions in Appendix C, Group U - Agricultural Buildings; Appendix F, Rodent Proofing; and Appendix I, Patio Covers, are adopted as part of the Town of Bel Air Building Code.
(3) 
Subsection 101.4.4 is deleted.
(4) 
Subsection 101.4.7 is amended by adding "or the Maryland Rehabilitation Code (MBRC) set forth in COMAR 05.16.01 through 05.16.08 between the words "code" and "shall" in the second line and by adding "The provisions of the International Existing Building Code shall be applicable to all structures where construction commenced prior to March 1, 1968 and legally existing structures permitted on or after March 1, 1968" at the end of this section.
(5) 
Subsection 102.6 is amended by deleting "The International Property Maintenance Code" starting in the fourth line.
(6) 
Subsection 102.6.2 is amended by deleting "or International Property Maintenance Code" starting in the fifth line.
(7) 
Subsection 103.3 is amended by deleting the last sentence: "For the maintenance of existing properties, see the International Property Code."
(8) 
Subsection 104.6 is amended by adding a new sentence at the end of the subsection: "Nothing in this section shall be deemed to restrict or otherwise limit the provisions of any other section of the Town of Bel Air Code."
(9) 
Subsection 105.1.1 is deleted.
(10) 
Subsection 105.1.2 is deleted.
(11) 
Subsection 105.2 is amended by deleting the subheadings "Electrical" and "Plumbing" and by amending the subheading "Building" by adding and modifying the following sub-items:
1.
The provisions of this code shall not apply to structures not more than one story in height and that are 200 square feet or less in area and are not classified as Use Group H, High Hazard.
15.
One-story detached accessory structures to Use Group R-3, provided the floor area does not exceed 200 square feet.
16.
Construction trailers as defined in Chapter 2 of the International Building Code as adopted.
(12) 
Subsection 105.5 is amended by deleting "180 days" in the third line and inserting "12 months" in lieu thereof.
(13) 
New Subsection 105.6.1 is added as follows:
105.6.1 Withholding permits. The Building Official may withhold the issuance of any permit and/or place a hold on inspections if the applicant, the owner or any individual listed on the application as a responsible officer (if the applicant is a business entity) has failed to remedy or correct any existing/alleged violation of the Town Code on any construction projects in Bel Air, Maryland, for which the applicant has been cited by any state, county or municipal agency.
(14) 
New Subsection 105.8 is added as follows:
105.8 Transfer of permits. When a change of ownership occurs for a property for which a building permit application has been made or a permit has been issued, the application or permit may be transferred to the new property owner after submission to the Town of evidence of the transfer of ownership.
(15) 
Section 106 is deleted in its entirety.
(16) 
Subsection 109.2 is deleted and the following is inserted in lieu thereof:
109.2 Schedule of permit fees. On buildings, structures, mechanical systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the current Town of Bel Air Fee Schedule.
(17) 
Subsection 109.6 is deleted and the following is inserted in lieu thereof:
109.6 Refunds. Refunds shall be made in accordance with the Town Code.
(18) 
New Subsection 110.1.1 is added as follows:
110.1.1 Purpose of inspections. All inspections conducted by the Town are performed for the protection and promotion of public safety, health and welfare. The inspections are made solely for the public benefit and are not to be construed as providing any warranty of construction to individual members of the public.
(19) 
New Subsection 110.3.8.1 is added as follows:
110.3.8.1 Hazardous material inspections. As deemed necessary by the Building Official, approval from the Harford County Hazardous Materials Team may be required prior to a certificate of occupancy being issued.
(20) 
New Subsection 110.7 is added as follows:
110.7 Standards. All buildings, structures and appurtenances thereto shall be constructed strictly in compliance with accepted engineering practice. All members and components of the structure shall be installed, fitted or fastened, moved or stored in such a manner that the full structural capabilities of the members are obtained. Improper alignment (level and square), fitting, fastening or methods of construction shall be considered a violation of this code.
(21) 
Subsection 111.3 is amended by adding the following at the end of the subsection: "Any person, firm or corporation engaged in the process of selling property in which a temporary certificate of occupancy is issued shall at the time of settlement present to the buyer a copy of the temporary certificate of occupancy, which must include a list of deficiencies that remain to be corrected."
(22) 
Subsection 113.2 is amended by adding the following between the words "apply" and "or" in the fifth line: "The Department of Public Works has made an incorrect determination that a structure or equipment within a structure is unsafe in accordance with Section 116 of this code".
(23) 
Subsection 113.3 is deleted and replaced as follows:
113.3 Qualifications. The Board of Building Appeals is established under Chapter 10, Article VIII, of the Bel Air Town Code.
(24) 
Subsection 114.4 is amended by deleting the phrase "shall be subject to penalties as prescribed by law" in the last line and inserting the following in lieu thereof: "shall be guilty of a misdemeanor, punishable as provided in Chapter 1, Article II, of the Bel Air Town Code. Each day that a violation continues shall be deemed a separate offense."
(25) 
Subsection 116.3 is deleted and the following is inserted in lieu thereof:
116.3 Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the structure a written notice of violation that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition or to demolish the unsafe structure within a (specified period of) stipulated time. Unless the person served with an order makes a timely request for a hearing pursuant to Subsection 116.7, the order becomes a final order on the 11th day after service. If a person who has been issued an order under this section makes a timely request for a hearing, i.e., requests a hearing within 10 days from service in accordance with Subsection 116.7, the order becomes a final corrective order if the Town Administrator affirms the order following the hearing.
(26) 
Subsection 116.4 is amended by inserting the phrase, "first class" in third line after the word "certified."
(27) 
New Subsection 116.6 is added as follows:
116.6 Abatement. If a person who has been issued an order under this section fails, within the time limit specified in a notice of violation or order, to abate the unsafe condition as directed, the Building Official may take whatever abatement action may be necessary by use of Town employees and equipment and/or by contract with private contractors. The cost and expense of abating the unsafe condition shall be submitted by the Building Official to the Director of Finance together with the name of the owner of the property on which the violation occurred as determined from the property tax assessment records. These charges shall constitute a lien upon the real property and shall be collectable in the same manner as real property taxes with the same priority, interest and penalties. Initiation of abatement action shall not preclude the issuance of any other action or legal proceedings authorized or permitted under this code, the laws of the State of Maryland and the common law.
(28) 
New Subsection 116.6.1 is added as follows:
116.6.1 Notice of abatement action. The Building Official, before or within 10 days after commencement of any abatement action, shall issue a notice of abatement action to the owner of the property on which the abatement action has been or will be commenced. The notice shall describe the abatement action to be undertaken and shall specify that the costs for the action shall constitute a lien on the real property of the owner. The notice of abatement action issued by the Building Official shall be served as provided for by Subsection 116.4 of this code.
(29) 
New Subsection 116.7 is added as follows:
116.7 Hearing. The property owner or agent receiving a notice of violation issued under Subsection 116.3, a notice of abatement issued under Subsection 116.6.1 or a lien upon the real property may request a hearing within 10 days from the receipt or posting of such notice or lien issued by the Building Official. The request must be in writing and served personally on the Town Administrator or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service. The Town Administrator may subpoena anyone having any connection with a hearing under this section as a witness or to give evidence relating to a notice of violation.
(30) 
New Subsection 116.8 is added as follows:
116.8 Finality of lien. Unless a person served with a notice of abatement makes a timely request for a hearing pursuant to Subsection 116.7, the lien shall become final on the property upon completion of the work. If a person makes a timely request for a hearing, any lien on the property shall become final after completion of all the work the Town Administrator determines was properly conducted by way of abatement action.
(31) 
New Subsection 116.9 is added as follows:
116.9 Unauthorized tampering. Signs, placards, notices or other postings affixed by the Building Official or his/her assignee under Section 116 shall not be mutilated, destroyed or tampered with, or removed without authorization from the Building Official or his/her assignee.
(32) 
New Section 117 is added as follows:
SECTION 117
EMERGENCY MEASURES
117.1 Imminent danger. When, in the opinion of the Building Official, there is imminent danger of failure or collapse of a building or structure or any part thereof which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Building Official is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. The Building Official shall post at each entrance of such structure a notice reading as follows: "This structure is unsafe and its occupancy has been prohibited by the Building Official. It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the same."
117.2 Temporary safeguards. When, in the opinion of the Building Official, there is imminent danger due to an unsafe condition, the Building Official shall cause the necessary work to be done to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted.
117.3 Closing streets. When necessary for public safety, the Building Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures and prohibit the same from being used.
117.4 Emergency repairs. For the purposes of this section, the Building Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
117.5 Cost of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on approval of the Building Official. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located.
117.6 Unsafe equipment. Equipment deemed unsafe by the Building Official shall not be operated after the date stated in the written notice unless the required repairs or changes have been made and the equipment has been approved or unless an extension of time has been secured from the Building Official in writing.
117.6.1 Authority to seal equipment. In the case of an emergency, the Building Official shall have the authority to immediately seal out of service any unsafe device or equipment regulated by this code.
117.6.2 Unlawful to remove seal. Any device or equipment sealed out of service by the Building Official shall be plainly identified in an approved manner. The identification shall not be tampered with, defaced or removed except by the Building Official and shall indicate the reason for such sealing.
(33) 
Section 202 is amended by adding the following definition between the terms "construction documents" and "construction types":
CONSTRUCTION TRAILER — A single-unit industrialized building that meets all of the following criteria:
1.
Has a body width of no more than 12 feet and has a body length not to exceed 60 feet; and
2.
The unit must be placed on an active construction site and removed within 30 days of completion of the construction; and
3.
The unit shall not be open to the public and shall be for the exclusive use of the on-site contractors to conduct necessary business or to store construction materials related to the construction project; and
4.
All applicable electrical and plumbing installations have approved temporay permits and have received appropriate inspections and occupancy approvals.
(34) 
Section 202 is amended by adding the following definition between the terms "potable water" and "precast concrete";
POWER SAFETY COVER. A pool cover that is placed over the water area and is opened and closed with a motorized mechanism activated by control switch.
(35) 
Section 202 is amended by adding the following definition between the terms "public sewer" and "public water main":
PUBLIC SWIMMING POOL. A pool, other than a residential pool, that is intended to be used for swimming or bathing and is operated by an ower, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use.
(36) 
Section 202 is amended by adding the following definition between the terms "reroofing" and "return air":
RESIDENTIAL. For the purposes of this code, "residential" applies to detached one- and two-family dwellings and townhomes not more than three stories in height.
RESIDENTIAL SWIMMING POOL. A pool intended for use which is accessory to a residential setting and available only to the household and its guests. All other pools shall be considered public pools for the purpose of this code.
(37) 
Section 202 is amended by adding the following definition between the terms "solid masonry" and "spline":
SPA. A product intended for the immersion of persons in temperature-controlled water circulated in a closed system, and not intended to be drained and filled with each use. A spa usually includes a filter, an electric, solar or gas heater, a pump or pumps and a control, and can also include other equipment such as lights, blowers and water-sanitizing equipment.
(38) 
Subsection 406.3.4 is amended by deleting in Item 1 "1/2 inch (12.7 mm)" and inserting in lieu thereof "5/8 inch (15.9 mm)" in the third line.
(39) 
Subsection 501.2 is deleted and the following is inserted in lieu thereof:
501.2 Premises identification. Address numbers shall be provided on new or renovated buildings as required by Town Code Chapter 115.
(40) 
New Section 916 is added as follows:
SECTION 916
CARBON MONOXIDE ALARMS
916.1 Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages.
916.2 Where required in existing dwellings. Where work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section 916.1.
916.3 Alarm requirements. Single-station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.
(41) 
Subsection 1020.1 is amended by adding the following exception: 6. corridors contained within a single tenant space.
(42) 
Subsection 1101.2 is deleted and the following is inserted in lieu thereof:
1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with COMAR 05.02.02.
Exception: The design of covered multifamily dwellings as set forth in COMAR 05.02.02.05B(9) shall be in accordance with this chapter and ICC A117.1.
(43) 
New Subsection 1106.8 is added as follows:
1106.8 Identification. Each accessible parking space provided shall be identified as set forth in COMAR 05.02.02.07D.
(44) 
Subsection 1301.1.1 is hereby deleted and the following is inserted in lieu thereof:
1301.1.1 Criteria. Any building or structure required to comply with the International Energy Conservation Code (IECC) for which an application for permit was received prior to July 1, 2012, shall be designed and constructed in accordance with the 2009 IECC. Any building or structure required to comply with the IECC for which an application for permit is made on or after July 1, 2012, shall be designed and constructed in accordance with the 2012 IECC.
(45) 
Figure 1608.2 is amended by adding the following note: 1.- The ground snow load, Pg, for the Town of Bel Air, Maryland, shall be 30 psf.
(46) 
Subsection 1612.3 is amended by deleting "[Insert name of jurisdiction]" in the seventh line and inserting in lieu thereof "Town of Bel Air" and by deleting "[Insert date of issuance]" starting in the seventh line and inserting in lieu thereof "January 7, 2000."
(47) 
Subsection 1809.5 is amended by deleting method 1 and inserting in lieu thereof:
1.- Extending below the frost line established as 30 inches below finished grade.
(48) 
Chapter 29 is deleted. Chapter 353 of the Bel Air Town Code applies (plumbing standards and regulations).
(49) 
New Subsection 3001.1.1 is added as follows:
3001.1.1 Maryland State Elevator Code. The provisions of this code are in addition to the requirements in the Maryland State Elevator Code. If a conflict between this code and the state code exists, the requirements in the state code shall apply.
(50) 
Subsection 3103.1 is amended by adding "within any 365 consecutive-day period or, with the approval of the building official, multiple periods equaling fewer than 180 days within any 365 consecutive-day period" after the word "days" in the third line.
(51) 
Subsection 3103.1.1 is amended by deleting "120 square feet (11.16 m2)" in the second line and inserting in lieu thereof "400 square feet (32.55 m2)" and by deleting "10" in the fifth line and inserting in lieu thereof "50."
SECTION 3109
SWIMMING POOL ENCLOSURES AND SAFETY DEVICES
(52) 
Subsection 3109.1 is hereby deleted and the following is inserted in lieu thereof:
3109.1 General. The provisions of this section shall apply to the design of barriers for pools and spas. No property owner or contractor shall fill a new swimming pool or spa with water until a permanent or temporary barrier has been approved by the Department of Building Safety. A temporary barrier may remain in place no more than 30 days unless approved by the Building Official.
(53) 
Subsection 3109.4 is amended by deleting "3109.4.3" in the third line and replacing it with "3109.4.15."
(54) 
Subsection 3109.4 is amended by deleting the exception in its entirety.
(55) 
Subsections 3109.4.1 through 3109.5 are hereby deleted and the following is inserted in lieu thereof:
3109.4.1 Barrier height and clearances. Barrier heights and clearances shall be in accordance with all of the following:
1.
The top of the barrier shall be not less than 48 inches (1,219 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of three feet (914 mm) measured horizontally from the outside of the required barrier.
2.
The vertical clearance between grade and the bottom of the barrier shall not exceed two inches (51 mm) for grade surfaces that are not solid, such as grass or gravel, measured on the side of the barrier that faces away from the pool or spa.
3.
The vertical clearance between the bottom of the barrier and the solid surface below the barrier, such as concrete, shall not exceed four inches (102 mm) measured on the side of the required barrier that faces away from the pool or spa.
4.
Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade or shall be mounted on the top of the pool or spa structure. Where the barrier is mounted on the top of the pool or spa, the vertical clearance between the top of the pool or spa and the bottom of the barrier shall not exceed four inches (102 mm).
3109.4.2 Openings. Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere.
3109.4.3 Solid barrier surfaces. Solid barriers that do not have openings shall not contain indentations or protrusions that form handholds and footholds, except for normal construction tolerances and tooled masonry joints.
3109.4.4 Mesh fence as a barrier. Mesh fences, other than chain-link fences in accordance with Subsection 3109.4.7, shall be installed in accordance with the manufacturer's instructions and shall comply with the following:
1.
The bottom of the mesh fence shall be not more than one inch (25 mm) above the deck or installed surface or grade.
2.
The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not permit the fence to be lifted more than four inches (102 mm) from grade of decking.
3.
The fence shall be designed and constructed so that it does not allow passage of a four inch (102 mm) sphere under any mesh panel. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not be more than four inches (102 mm) from grade or decking.
4.
An attachment device shall attach each barrier section at a height not lower than 45 inches (1,143 mm) above grade. Common attachment devices include, but are not limited to, devices that provide security equal to or greater than that of a hook-and-eye type latch incorporating a spring-actuated retaining lever such as a safety gate hook.
5.
Where a hinged gate is used with a mesh fence, the gate shall comply with Subsection 3109.4.11.
6.
Patio deck sleeves such as vertical post receptacles that are placed inside the patio surface shall be of a nonconductive material.
7.
Mesh fences shall not be installed on top of on-ground residential pools.
3109.4.5 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm).
3109.4.6 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall exceed four inches (102 mm). Where there are decorative cutouts within vertical members, the interior width of the cutouts shall not exceed 1 3/4 inches (44 mm).
3109.4.7 Chain-link dimensions. The maximum opening formed by a chain-link fence shall be not more than 1 3/4 inches (44 mm). Where the fence is provided with slats fastened at the top and bottom which reduce the openings, such openings shall be not more than 1 3/4 inches (44 mm).
3109.4.8 Diagonal members. Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches (44 mm). The angle of diagonal members shall be not greater than 45° (0.79 rad) from vertical.
3109.4.9 Clear zone. There shall be a clear zone of not less than 36 inches (914 mm) between the exterior of the barrier and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the barrier.
3109.4.10 Poolside barrier setbacks. The pool or spa side of the required barrier shall be not less than 20 inches (508 mm) from the water's edge.
3109.4.11 Gates. Access gates shall comply with the requirements of Subsections 3109.4.1 through 3109.4.3 and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool or spa, shall be self-closing and shall have a self-latching device.
3109.4.11.1 Utility or service gates. Gates not intended for pedestrian use, such as utility or service gates, shall remain locked when not in use.
3109.4.11.2 Double or multiple gates. Double gates or multiple gates shall have at least one leaf secured in place, and the adjacent leaf shall be secured with a self-latching device. The gate and barrier shall not have openings larger than 1/2 inch (12.7mm) within 18 inches (457 mm) of the latch release mechanism. The self-latching device shall comply with the requirements of Subsection 3109.4.11.3.
3109.4.11.3 Latches. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from grade, the release mechanism shall be located on the pool or spa side of the gate not less than three inches (76 mm) below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
3109.4.12 Structure wall as a barrier. Where a wall of a dwelling or structure serves as part of the barrier and where doors or windows provide direct access to the pool or spa through that wall, one of the following shall be required:
1.
Operable windows having a sill height of less than 48 inches (1,219 mm) above the indoor finished floor and doors shall have an alarm that produces an audible warning when the window, door or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017. In dwellings or structures not required to be accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located 54 inches (1,372 mm) or more above the finished floor. In dwellings or structures required to be accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1,372 mm) and not less than 48 inches (1,219 mm) above the finished floor.
2.
A safety cover that is listed and labeled in accordance with ASTM 1346 is installed for the pools and spas.
3.
An approved means of protection, such as self-closing doors with self-latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by Item 1 or 2.
3109.4.13 On-ground residential pool structure as a barrier. An on-ground residential pool wall structure or barrier mounted on top of an on-ground residential pool wall 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 Subsection 3109.4 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 Subsection 3109.4.
3.
Ladders or steps used as means of access to the pool are capable of being secured, locked or removed to prevent access except where the ladder or steps are surrounded by a barrier that meets the rouirements of Section 3109.
4.
Openings created by the securing, locking or removal of ladders and steps do not allow the passage of a four inch (102 mm) diameter sphere.
5.
Barriers that are mounted on top of on-ground residential pool walls are installed in accordance with the pool manufacturer's instructions.
3109.4.14 Natural barriers. In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water's edge not less than 18 inches (457 mm). A barrier is not required between the natural body of water shoreline and the pool and spa.
3109.4.15 Natural topography. Natural topography that prevents direct access to the pool or spa area shall include, but not be limited to, mountains and natural rock formations. A natural barrier approved by the Building Official shall be acceptable, provided that a degree of protection is not less than the protection afforded by the requirements of Subsections 3109.4 through 3109.14.
3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Subsection 3109.4.12.
3109.6 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
(56) 
New Subsection 3301.3 is added as follows:
3301.3 Housekeeping. Rubbish and trash shall not be allowed to accumulate on construction sites and shall be removed as soon as conditions warrant. Combustible rubbish shall be removed promptly and shall not be disposed of by burning on the premises, and the area adjoining around the operation shall be kept in a safe and sanitary condition.
(57) 
New Subsection 3301.4 is added as follows:
3301.4 Drainage nuisance. Any surface or roof drainage which is collected by man-made means on a property shall not be channeled onto the property of another. Any channeling or collection of water must be dissipated and dispersed on the collecting property to not cause damage to the property of another. Sump pumps and drainspouts shall not be discharged closer than 10 feet to the property line. Discharge shall not be into the Town sanitary sewer system.
(58) 
New Subsection 3304.2 is added as follows:
3304.2 Driveway aprons and driveways. Driveways and aprons on public ways shall extend from street or alley pavements to the property lines and shall be constructed in accordance with the provisions of the standard specifications as required by the Department of Public Works.
(59) 
Subsection 3401.3 is amended by deleting "International Property Maintenance Code, International Private Sewage Disposal Code" starting in the sixth line.
(60) 
Subsection 3401.6 is amended by adding "or the Maryland Rehabilitation Code (MBRC) set forth in COMAR 05.16.01 through 05.16.08 between the words "code" and "shall" in the second line.
(61) 
Subsection 3412.2 is amended by deleting "[Date to be inserted by the jurisdiction.]" and inserting in lieu thereof "March 1, 1968."
(62) 
Subsection H105.1 is amended by adding the following to the first sentence: "and shall be in accordance with the provisions of the Town of Bel Air Sign Regulations. See Article 9 of the Bel Air Development Regulations."

§ 145-8 Changes and additions to International Residential Code.

[Amended 3-17-2008 by Ord. No. 707-08; 11-17-2008 by Ord. No. 715-08; 2-22-2011 by Ord. No. 739-11; 6-18-2012 by Ord. No. 751-12; 10-5-2015 by Ord. No. 772-15]
A. 
The following sections are changes or additions to certain sections of the 2015 International Residential Code:
(1) 
Subsection R101.1 is amended by deleting "[Name of Jurisdiction]" and inserting in lieu thereof "Town of Bel Air."
(2) 
New Subsection R101.4 is added as follows:
R101.4 Safeguards during construction. The provisions of Chapter 33 of the 2015 International Building Code as adopted in this chapter shall be applicable to all construction sites possessing a valid building permit.
(3) 
Subsection R102.5 is deleted and the following is inserted in lieu thereof:
R102.5 Appendices. Provisions in Appendix A, Sizing and Capacities of Gas Piping; Appendix B, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use and Type B Vents; Appendix C, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix D, Recommended Procedures for Safety Inspection of an Existing Appliance Installation; Appendix E, Manufactured Housing Used as Dwellings; Appendix G, Swimming Pools, Spas and Hot Tubs; Appendix H, Patio Covers; Appendix J, Existing Buildings and Structures; and Appendix K, Sound Transmission, shall be deemed as part of this code.
(4) 
Sections R103 through R114 of the 2015 International Residential Code are deleted and Sections 102 through 117 of the 2015 International Building Code, as amended, shall be applicable.
(5) 
Section R202 is amended by deleting the definition of "fire separation distance" and inserting in lieu thereof:
FIRE SEPARATION DISTANCE. The distance measured from the building face to one of the following:
1.
To the closest interior lot line.
2.
To the center line of a street, an alley or public way.
3.
To an imaginary line between two buildings on the lot.
4.
To an exclusive use easement line.
The distance shall be measured at a right angle from the face of the wall.
(6) 
Section R202 is amended by deleting the definition of "manufactured home" and inserting in lieu thereof:
Manufactured Home. "Manufactured home" means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all expandable room, cabinets and other projections containing interior spaces but do not include bay windows. This term includes all structures which meet the above requirements except the size requirements and with respect to which the manufacturer voluntarily files a certification pursuant to Subsection 3282.13 and complies with the standards set forth in Part 3280.
Note: For mobile homes built prior to June 15, 1976, a label certifying compliance with the standard for mobile homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home.
(7) 
Table R301.2(1) is amended by adding the following design values: roof snow load: 30 psf; wind: 90 mph; seismic design category: B; weathering: severe; frost line depth: 30 inches (762 mm); termite: moderate to heavy; decay: slight to moderate; winter design temperature: 13° F.; ice shield underlayment required: no; flood hazards: July 16, 1981, and January 7, 2000; air freezing index: 554; and mean annual temperature: 31° F.
(8) 
New Subsection R302.1.1 is added as follows:
R302.1.1 Balconies and decks on townhomes. All portions of balconies and decks on townhomes constructed of combustible materials shall not be located closer than 24 inches (609.6 mm) to any property line.
(9) 
Table R302.1(1) is amended by adding the following line at the bottom of the table:
All portions of attached decks and open roof covered decks. Open roof covered decks may have a maximum opaque wall surface area of 50%.
Not allowed
N/A
<2 feet
(10) 
Table R302.1(2) is amended by adding the following line at the bottom of the table:
All portions of attached decks and open roof covered decks. Open roof covered decks may have a maximum opaque wall surface area of 50%.
Not allowed
N/A
<2 feet
(11) 
New Subsection R312.1.1 is added as follows:
R312.1.1 Areaway guards. A guardrail or other approved barrier shall be installed on areaway walls with a grade level elevation difference of greater than 48 inches (1,219.2 mm). Guards shall be constructed in accordance with Subsection R312.
(12) 
Subsection R313.1.1 is amended by adding "or NFPA 13D" at the end of the subsection.
(13) 
Subsection R313.2 is amended by deleting the exceptions and adding the following:
1.
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.
2.
An automatic residential fire sprinkler system shall not be required for a new one- or two-family dwelling constructed on a lot served by an existing service line from a water main to the property line that is less than a nominal one-inch size or a lot subject to a valid, unexpired public works agreement that was executed prior to March 1, 2011. For a property to qualify for an exemption due to an undersized existing water service line, the water service line must be (1) approved and owned by the public or private water system that owns the mains, (2) installed prior to March 1, 2011, and (3) fully operational from the public or private water main to a curb stop or meter pit located at the property line.
(14) 
Subsection R321.1 is deleted and the following is inserted in lieu thereof:
R321.1 Premises identification. Address numbers shall be provided on new or renovated buildings as required by the Bel Air Town Code Chapter 115.
(15) 
Subsection R405.1 is amended by adding "In accordance with the Town of Bel Air Plumbing Code" after the word "system" in the eighth line.
(16) 
Subsection R405.1 is amended by deleting the exception at the end of the subsection.
(17) 
Subsection R506.2.2 is amended by deleting the exception at the end of the subsection.
(18) 
New Subsection R703.9.3 is added as follows:
R703.9.3 Special inspections. Special inspections shall be required for all EIFS (exterior insulation finish system) applications.
Exceptions:
1.
Special inspections shall not be required for EIFS applications installed over a water-resistive barrier with a means of draining moisture to the exterior.
2.
Special inspections shall not be required for EIFS applications installed over masonry or concrete walls.
(19) 
New Subsection R903.2.3 is added as follows:
R903.2.3 Drip edge. Provide drip edge at eaves and gables of shingle roofs. Overlap to be a minimum of two inches (51 mm). Eave drip edges shall extend 1/4 inch (6.4 mm) below sheathing and extend back on the roof a minimum of two inches (51 mm). Drip edge shall be mechanically fastened a maximum of 12 inches (305 mm) on center.
(20) 
New Subsection R903.4.2 is added as follows:
R903.4.2 Gutters and leaders. Gutters and leaders shall be installed in accordance with the Town of Bel Air Plumbing Code. All rain leaders or extensions shall not discharge closer than 10 feet to any lot line so as not to be a nuisance to surrounding properties.
(21) 
Chapter 11 is deleted in its entirety and the 2015 International Energy Conservation Code is inserted in lieu thereof.
(22) 
Part VII, Chapters 25, 26, 27, 28, 29, 30, 31, 32 and 33 are deleted and the Town of Bel Air Plumbing Code is inserted in lieu thereof except for Subsection P2904, Dwelling unit fire sprinkler systems, which shall remain as part of this code.
(23) 
Part VIII, Chapters 34, 35, 36, 37, 38, 39, 40, 42 and 43 are deleted and the Town of Bel Air Electrical Code is inserted in lieu thereof.
(24) 
Subsection AE101.1 is amended by deleting the sentence: "These provisions shall be applicable only to a manufactured home used as a single dwelling unit installed on privately owned (non-rental) lots and shall apply to the following:"; and inserting the following sentence in lieu thereof: "These provisions shall be applicable only to a manufactured home used as a single dwelling unit installed on private and rental lots and shall apply to the following:"
(25) 
Subsection AE201.1 is amended by deleting the definition of "manufactured home" and inserting the following in lieu thereof:
MANUFACTURED HOME. "Manufactured home" means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all expandable rooms, cabinets and other projections containing interior spaces but do not include bay windows. This term includes all structures which meet the above requirements except the size requirements and with respect to which the manufacturer voluntarily files a certification pursuant to Subsection 3282.13 and complies with the standards set forth in Part 3280.
Note: For mobile homes built prior to June 15, 1976, a label certifying compliance with the standard for mobile homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home.
(26) 
Subsection AE201.1 is amended by deleting the definition of "Privately Owned (Non-Rental) Lot" and inserting the following in lieu thereof:
PRIVATELY OWNED (NON-RENTAL) LOT. A parcel of real estate outside of a manufactured home rental community (park) where the land and the manufactured home to be installed thereon are held in common ownership.
(27) 
Subsection AE201.1 is amended by adding the following definition:
RENTAL LOT. A lot or space that is rented in an approved manufactured home community or park.
(28) 
Subsection AE201.1 is amended by adding the following definition:
INDUSTRIALIZED BUILDING. As defined by § 12-301(d) of the Public Safety Article of the Annotated Code of Maryland, "industrialized building" means a building assembly or system of building subassemblies manufactured in its entirety, or in substantial part, off site and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as a part of a finished building comprising two or more industrialized building units. An industrialized building need not have electrical, plumbing, heating, ventilating, insulation or other service systems, but when such systems are installed at the off-site manufacture or assembly point they shall be deemed a part of such building assembly or system of building assemblies. "Industrialized building" does not include open frame construction, which can be completely inspected on site. "Industrialized building" does not include a mobile home.
(29) 
Section AE301 is deleted in its entirety.
(30) 
Section AE302 is deleted in its entirety.
(31) 
Section AE303 is deleted in its entirety.
(32) 
Section AE304 is deleted in its entirety.
(33) 
Subsection AE602.1 is amended by adding the phrase "or ANSI A225.1-1994" in the last line of the last paragraph after the word "designer."

§ 145-9 Adoption of International Mechanical Code by reference.

[Added 2-22-2011 by Ord. No. 739-11[1]; amended 6-18-2012 by Ord. No. 751-12; 10-5-2015 by Ord. No. 772-15]
The 2015 International Mechanical Code published by the International Code Council, Inc., is hereby adopted and by reference thereto is made a part of this chapter with the same force and effect as though set out in full herein, save and except such changes, amendments, revisions, deletions, subsections and/or additions as specified in this chapter. If conflicts with this code, or with changes, amendments, revisions, deletions, subsections and/or additions to that code are found elsewhere in the Town Code, the most restrictive provisions shall govern.
A. 
Registration.
(1) 
As used in this code, the term "provide heating, ventilation, air-conditioning or refrigeration services" shall mean "to install, maintain, alter, remodel or repair heating systems, cooling systems, refrigeration systems, ventilation systems or hydronic systems."
(2) 
All persons that intend to install maintain, alter, remodel or repair heating systems, cooling systems, refrigeration systems, ventilation systems or hydronic systems in Harford County shall be registered with the Harford County Division of Plumbing Services and shall have a current certificate of registration.
B. 
Permit applicants.
(1) 
No work regulated by this code shall be commenced without a permit being issued by the Harford County Department of Inspections, Licenses and Permits.
(2) 
A mechanical permit issued in accordance with this Code may be issued to the owner of a single-family dwelling occupied exclusively by the owner upon the following conditions:
(a) 
All work must be done in accordance with this code.
(b) 
The owner shall be tested and qualified by the Department of Inspections, Licenses and Permits in accordance with requirements established by the Mechanical Board.
(c) 
The owner shall sign an affidavit agreeing to comply with all applicable provisions of this chapter and attesting that the location in which the work will be performed is the applicant's primary residence.
C. 
Plans and specifications. Plans and specifications for the installation of all heating, ventilation, air-conditioning or refrigeration systems shall:
(1) 
Be approved by a licensed Maryland HVACR master, HVACR master restricted licensed for the system being installed, or a Maryland licensed professional engineer or architect; and
(2) 
Have affixed to them the name and license number of the Maryland HVACR master, HVACR master restricted licensed for the system being installed, or Maryland licensed professional engineer or architect.
(3) 
For installations other than one-family and two-family dwellings, adequate details of mechanical and electrical work, including computations, diagrams and other essential technical data, shall be filed.
D. 
The following sections are changes or additions to certain sections of the 2015 International Mechanical Code:
(1) 
Subsection 101.1 is amended by deleting "[name of jurisdiction]" and inserting in lieu thereof "Town of Bel Air, Maryland."
(2) 
Subsection 101.2.1 is deleted and the following is inserted in lieu thereof:
101.2.1 Appendices. Provisions in Appendix A, Combustion Air Openings and Chimney Connector Pass-throughs, shall be deemed as part of this code.
(3) 
Section 103 is deleted in its entirety.
(4) 
Subsection 106.2 is amended by adding the following: "9. Repair, service and maintenance of existing equipment."
(5) 
New Subsection 106.3.4 is added as follows:
106.3.4 Applicants. Only an individual registered in accordance with this section shall be eligible to make application for permit to do work in accordance with this code.
(6) 
Subsection 106.4.3 is amended by deleting "180 days" in the fourth line and inserting "12 months" in lieu thereof.
(7) 
New Subsection 106.4.5.1 is added as follows:
106.4.5.1 Withholding permits. The Code Official may withhold the issuance of any permit and/or place a hold on inspections if the applicant, the owner or any individual listed on the application as a responsible officer (if the applicant is a business entity) has failed to remedy or correct any existing/alleged violation of the building code on any construction projects for which the applicant has been cited.
(8) 
Subsection 108.4 is amended by deleting "[specify offense] punishable by a fine of not more than [amount] dollars or by imprisonment not exceeding [number of days], or both such fine and imprisonment" and replacing with "misdemeanor, punishable as provided in Chapter 1, Article II, of the Bel Air Town Code."
(9) 
Subsection 108.5 is amended by deleting "any person who shall continue any work on the system 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 for a fine of not less than [amount] dollars or more than [amount] dollars" and replacing with "misdemeanor, punishable as provided in Chapter 1, Article II, of the Bel Air Town Code."
(10) 
Subsection 202, General Definitions, is amended by adding the following definition between the definitions of "registered design professional" and "return air":
REPAIR. To put back in good condition, fix, to renew parts, to make existing systems function. Anything that can be made to work is repairable. The replacement of a system or a condenser unit, air-handling unit, furnace or boiler which make up a system shall constitute altering or remodeling, not repair.
(11) 
Subsection 301.11 is amended by adding "Temporary repairs may not be made to a damaged heat exchanger," at the end of this subsection.
[1]
Editor's Note: This ordinance also renumbered former § 145-9 as § 145-10.

§ 145-10 Effect on existing building permits.

[Amended 3-17-2008 by Ord. No. 707-08; 2-22-2011 by Ord. No. 739-11]
This chapter shall not apply to buildings for which a valid building permit was applied for prior to the date of adoption of this chapter.