[HISTORY: Art. I adopted by the Commissioners
(now Mayor and Council) of the Town of Leonardtown as indicated in
article history. Subsequent articles adopted by the Mayor and Council
of the Town of Leonardtown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-1-1939 by Ord. No. 16]
No person, persons, firm or corporation shall
erect any building or any additions to buildings within the corporate
limits of Leonardtown without first making an application and receiving
a permit to do so from the Commissioners of Leonardtown.[1]
[1]
Editor's Note: Pursuant to the 1989 Charter,
the Commissioners of Leonardtown are now the Mayor and Council of
the Town of Leonardtown.
All applications for permits shall be in writing,
stating the proposed location, the size of the proposed building or
addition to a building and the materials to be used in its construction,
as well as the purpose for which it is to be used.
[Amended 3-14-1994 by Ord. No. 78]
Any person, persons, firm or corporation who
or which shall violate the provisions of this article shall, upon
conviction, be fined not less than $25 nor more than $1,000 for each
and every day from the date that the building is commenced.
[Adopted 4-8-1991 by Ord. No. 67]
[Amended 8-10-2015 by Ord. No. 172]
The most current version of the Maryland Building Performance
Standards, including the most current versions of the International
Code Council's International Building Code, International Residential
Code for One- and Two-Family Dwellings and Energy Conservation Code,
as set forth in COMAR 05.02.07, and as may be amended by the State
of Maryland from time to time, be and it hereby is adopted as the
Building Code of Leonardtown, Maryland, for the construction, modification
and repair of buildings and structures as herein provided, and each
and all of the regulations, provisions, conditions and terms of said
Building Code are hereby referred to, adopted and made a part hereof
as if fully set out in this article, subject to certain provisions
and amendments as set forth below and in Appendix A attached hereto
and made a part hereof.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
Those subsequent amendments of the aforementioned
codes are also adopted, upon review and acceptance by the Town Zoning
Administrator.
[Amended 8-10-2015 by Ord. No. 172]
Pursuant to the recommendation of the Building Code Committee,
the following special provisions shall apply and shall supersede any
contrary provisions in the Building Code as otherwise adopted:
B.
Inspections
conducted in the administration and enforcement of the Building Code
shall, in the first instance, be arranged through the Leonardtown
Office of Planning and Zoning by contract with an independent inspecting
agency. Such inspections may also be conducted by various personnel
employed by or assigned to the Office of Planning and Zoning or as
provided for in the International Building Code. There shall be designated
within the Office of Planning and Zoning a Building Code Official
for the purpose of administering and enforcing the Building Code.
C.
Costs
for administering and enforcing the Building Code shall be financed
through that portion of the user fee schedule associated with the
issuance of building permits.
D.
The
Office of Planning and Zoning shall periodically conduct public information
sessions concerning the provisions, administration and enforcement
of the Building Code for contractors and other members of the public.
E.
A
plot plan or construction plan shall not be required for construction
of one- and two-family dwellings, except as may be required by the
Building Code, notwithstanding any such provision to the contrary
therein.
F.
A
plot plan or construction plan for the construction of other dwellings
and the construction of commercial and industrial buildings and structures
shall not be required by the Building Code, notwithstanding any such
provision to the contrary therein.
G.
Single-family
owner-occupied dwellings and accessory buildings thereto may use ungraded
lumber, provided that the materials are cut full size. Such lumber
shall be capable of accommodating all loads imposed by the International
Residential Code for One- and Two-Family Dwellings and all other load
requirements for such dwellings under the Building Code.
H.
The
construction of buildings for agricultural purposes (defined as barns,
equipment storage structures, crop storage and processing structures
and livestockhousing storage structures) shall be required to conform
to the provisions of the Building Code; however, electrical and plumbing
service for such structures shall be installed in conformance with
the appropriate provisions of the state and county Electrical and
Plumbing Codes.
I.
The
International Residential Code for One- and Two-Family Dwellings is
specifically adopted hereby for prefabricated and manufactured one-
and two-family dwellings, except that framing and insulation inspections
shall be required where the manufacturer provides a certification
from either the State of Maryland or the United States Department
of Housing and Urban Development that the dwelling meets all state
or federal requirements.
J.
The
Building Code shall not apply to heating, ventilation and air-conditioning
systems installed in residential, commercial or industrial buildings
and structures.
K.
Those
chapters or appendixes of the International Building Code entitled
"Electrical," "Plumbing Systems" and "Signs" are hereby deleted.
L.
That
chapter or appendix of the International Residential Code for One-
and Two-Family Dwellings entitled "Plumbing Administration" is hereby
deleted.
M.
A
fee for each inspection shall be paid in accordance with a user fee
schedule adopted by the Mayor and Council of Leonardtown.
N.
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 a directive
of the Code Official or of a permit or certificate issued under the
provisions of this code shall be guilty of a civil violation punishable
by a fine of not more than $100. Each day that a violation continues
shall be deemed a separate offense.
O.
To the extent any provision of the Maryland Building Performance
Standards conflicts with any provision of the Code of the Town of
Leonardtown, the Code of the Town of Leonardtown shall be deemed to
control.
The provisions of the Building Code shall not
apply to those residential, commercial and industrial buildings and
structures for which a valid building permit has been issued prior
to the effective date of this article; however, compliance with the
Leonardtown Electrical, Plumbing and Zoning Codes[1] for such buildings and structures shall be required.
Where there shall be any conflict between the
Building Code and any other federal, state or municipal laws, rules
or regulations, the more strict law, rule or regulation shall be applicable.
Nothing in this article or in this Building
Code shall be construed to affect any suit or proceeding pending in
any court or any rights acquired or liability incurred or any ordinance
hereby repealed, nor shall any legal or equitable right or remedy
of any character be lost, impaired or affected by this article or
the Building Code.
