§ 3.101. Amendments to the International Building Code, 2015 Edition.
(a)
In General.
(1)
As used in this section, the term "this Code" means the International Building Code, 2015 Edition.
(2)
As used in this Code, the term "Building Official" means the Director of the Department of Inspections, Licenses and Permits or the Director's authorized designee.
(3)
Where the name of the jurisdiction is to be indicated in any section of this Code, insert "Howard County".
(4)
As used in this Code, the term "Department of Building Safety" means the Department of Inspections, Licenses and Permits.
(b)
Local Amendments . The following amendments modify certain provisions of the adopted Code.
(1)
Subsection 101.1 Title.
Delete this Subsection.
(2)
Subsection 101.2 Scope.
Delete the exception and substitute the following:
Exception 1: Detached one-family and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code and section 3112 of chapter 31, Special Construction, of this Code.
Exception 2: Agricultural Buildings. The provisions of this Code shall not apply to the construction, alteration, addition, repair, removal, demolition, use, location or maintenance of agriculture buildings. This provision does not exempt the owner of an agricultural building from obtaining required electrical or plumbing permits or from complying with all other applicable local, state and federal regulations, laws and ordinances.
(3)
Subsection 101.3.1 Nature of Certain Actions.
Add new subsection 101.3.1 after subsection 101.3 as follows:
101.3.1. Nature of certain actions. The purpose of actions taken by the jurisdiction pursuant to this Code is purely governmental in nature and are conducted solely for the public benefit. Actions taken pursuant to this Code are not to be construed as providing any warranty of design or construction to any person.
(4)
Subsection 101.4 Referenced Codes.
In the first paragraph, delete "101.4.7" and substitute "101.4.11".
(5)
Subsection 101.4.1 Gas.
Delete subsection 101.4.1 and substitute the following:
101.4.1 Gas. Whenever the term " International Fuel Gas Code" is used, it shall mean the Plumbing and Gasfitting Code for Howard County adopted pursuant to subtitle 3 of this title.
(6)
Subsection 101.4.2 Mechanical.
Delete subsection 101.4.2 and substitute the following:
101.4.2 Mechanical. Whenever the term " International Mechanical Code " is used, it shall mean the Mechanical Code of Howard County adopted pursuant to section 3.103 of this subtitle.
(7)
Subsection 101.4.3 Plumbing .
Delete subsection 101.4.3 and substitute the following:
101.4.3 Plumbing. Whenever the term " International plumbing Code " is used, it shall mean the Plumbing and Gasfitting Code for Howard County adopted pursuant to subtitle 3 of this title and whenever the term " International Private Sewage Disposal Code " is used it shall mean Howard County water and sewer regulations adopted in title 18, subtitle 1, subtitle 12, and subtitle 15 and in title 12, subtitle 1 of the Howard County Code.
(8)
Subsection 101.4.4 Property Maintenance.
Delete subsection 101.4.4 and substitute the following:
101.4.4 Property Maintenance. Whenever the term " International Property Maintenance Code " is used it shall mean the Howard County Property Maintenance Code for rental housing adopted pursuant to subtitle 7 of this title.
(9)
Subsection 101.4.5 Fire Prevention.
Delete subsection 101.4.5 and substitute the following:
101.4.5 Fire Prevention. Whenever the term " International Fire Prevention Code " is used it shall mean the Howard County Fire Prevention Code adopted pursuant to section 17.104 of the Howard County Code.
(10)
Subsection 101.4.6 Energy.
Delete subsection 101.4.6 and substitute the following:
101.4.6 Energy. Whenever the term " International Energy Conservation Code " is used it shall mean the Energy Conservation Code of Howard County adopted pursuant to section 3.104 of this subtitle.
(11)
Subsection 101.4.7 Existing Buildings.
Delete subsection 101.4.7 and substitute the following:
101.4.7 Existing Buildings. Existing buildings undergoing repair, alteration, addition, or change of occupancy may comply with the Maryland Rehabilitation Code.
(12)
Subsections 101.4.8 Electrical.
Add new subsection 101.4.8 after subsection 101.4.7 as follows:
101.4.8 Electrical. Whenever the term "NFPA 70 National Electrical Code" is used, it shall mean the Electrical Code for Howard County adopted pursuant to subtitle 2 of this title.
(13)
Subsection 101.4.9 Accessibility.
Add new subsection 101.4.9 after subsection 101.4.8 as follows:
101.4.9 Accessibility. The provisions of the Maryland Accessibility Code shall apply to all matters affecting handicapped accessibility and use of buildings and sites.
(14)
Subsection 101.4.10 Signs.
Add new subsection 101.4.10 after subsection 101.4.9 as follows:
101.4.10 Signs. The provisions of subtitle 5 of the Howard County Code shall apply to the location, installation, and maintenance of signs in Howard County.
(15)
Subsection 101.4.11 Residential Code .
Add new subsection 101.4.11 after subsection 101.4.10 as follows:
101.4.11 Residential. Whenever the term " International Residential Code " is used, it shall mean the Residential Code for one-and two-family dwellings of Howard County adopted pursuant to section 3.102 of this subtitle.
(16)
Section 103 Department of Building Safety.
Delete the title of this section and substitute the following as the new title:
"Section 103 Enforcement Agency"
(17)
Subsection 103.1 Creation of Enforcement Agency.
Delete this subsection and substitute the following:
103.1 Enforcement Agency. The Howard County Department of Inspections, Licenses and Permits is responsible for enforcing the provisions of this Code. The Director of the Department of Inspections, Licenses and Permits or the Director's authorized designee shall be known as the Building Official.
(18)
Subsection 103.2 Appointment.
Delete this subsection.
(19)
Subsection 103.3 Deputies.
Delete this subsection.
(20)
Subsection 104.1.1 Rule-Making Authority.
Add new subsection 104.1.1 after subsection 104.1 as follows:
104.1.1 Rule-making authority. In the interest of public health, safety, and general welfare, the Building Official may adopt rules and regulations to interpret and implement the provisions of this Code. Rules and regulations shall not waive structural or fire performance requirements specifically provided for in this Code. Rules and regulations shall not violate accepted engineering practices involving public safety.
(21)
Subsection 104.8.1 Legal Defense.
In the first sentence of this subsection, delete "legal representation of the jurisdiction until the final termination of the proceedings" and substitute "Howard County in accordance with Maryland Law".
(22)
Subsection 104.10.1 Flood Hazard Areas.
Delete this subsection.
(23)
Subsection 105.1.1 Annual Permit.
Delete this subsection and substitute the following:
105.1.1. Master permit. Instead of an individual permit for each alteration to an already approved building, electrical, fire, gas, mechanical, or plumbing installation, the Building Official may issue a master permit upon application by any person, firm, or corporation regularly employing one or more qualified professional or tradesperson in the building, structure, or on the premises owned or operated by the applicant.
(24)
Subsection 105.1.2 Annual Permit Records.
Delete this subsection and substitute the following:
105.1.2. Master permit records. A person who is issued a master permit shall keep a detailed record of alterations made under the master permit. The Building Official shall have access to the records at all times or the records shall be filed with the Building Official. The Building Official may periodically inspect work that has been performed under a master permit.
(25)
Subsection 105.1.2.1 Building Code Compliance Assurance Manual.
Add new subsection 105.1.2.1 after subsection 105.1.2 as follows:
105.1.2.1. Building Code Compliance Assurance Manual. An applicant for a master permit shall provide to the Building Official a Building Code Compliance Assurance Manual that shall include the following:
(i)
A statement of the policies and procedures that will be used to monitor and control the alteration and renovation process to assure compliance with the Howard County Code;
(ii)
A description of how the applicant assures Code compliance by adhering to written procedures of qualified persons to perform the scope of the work covered by the application;
(iii)
A description of the applicant's process for plan development, plan review, and inspection;
(iv)
A description of the means to assure compliance with fire protection elements of the building and systems affected by the proposed alteration or renovation; and
(v)
If applicable, a statement of compliance for accessibility.
(26)
Subsection 105.2 Work Exempt From Permit.
In the subsection titled "Building":
(i)
In item 1, delete "120 square feet (11 m )" and substitute "200 square feet";
(ii)
In item 4, delete "4 feet (1219 mm)" and substitute "3 feet" and delete "bottom of the footing" and substitute "lowest adjacent grade";
(iii)
In item 11, delete "accessory to detached one- and two-family dwellings";
(iv)
In item 12, delete "in group R-3 and U occupancies," and delete "54 inches (1372 mm)" and substitute "48 inches"; and
(v)
Add the following as item 14 at the end of this subsection:
14. The following work on existing single family dwellings:
a.
Exterior:
1.
Replacement of roof coverings with no other structural repairs;
2.
Installation of siding, including, but not limited to, aluminum or vinyl siding;
3.
Installation of fascia, soffit trim, gutters, or downspouts;
4.
Replacement of windows or doors when there is no change in the rough opening size;
5.
Installation of canvas or fixed awnings;
6.
Replacement of exterior lighting fixtures; or
7.
Construction or installation of detached freestanding decks that are less than 25 square feet in area and less than 30 inches above grade.
b.
Interior:
1.
Installation of radon systems;
2.
Painting, wallpapering, or floor covering;
3.
Installation of kitchen or bathroom cabinets, counter tops, appliances, or fixtures;
4.
Replacement of paneling or wallboard;
5.
Replacement of doors when there is no change in the rough opening size;
6.
Installation of insulation;
7.
Installation of burglar, fire, and other alarm systems and smoke detectors;
8.
Replacement of electric water heaters; or
9.
Replacement of ceiling fans, light fixtures, or receptacles.
c.
The following additional structures:
1.
One story detached accessory structures less than 200 square feet in area including, but not limited to, storage sheds, kiosks, gazebos, arbors, or playhouses;
2.
Installation of greenhouses;
3.
Installation of tents or canopies;
4
Installation of fences, unless the fence is over 6 feet high or encloses a swimming pool; or
5
Installation of mailboxes.
d.
Site work:
1.
Paving driveways;
2.
Installation of patios, sidewalks, or landscaping;
3.
Installation of retaining walls that are 3 feet or less in height measured from the lowest adjacent grade to the top of the wall; or
4.
Installation of flagpoles or flagpole bases.
(27)
Subsection 105.3 Application for Permit.
Delete the first paragraph of this subsection and substitute the following:
To obtain a permit, the owner, owner's agent, lessee, lessee's agent, or the registered design professional employed to complete the proposed work on a building or structure shall apply for a permit. The application shall state, as applicable, the full name and address of the owner, owner's agent, lessee, lessee's agent, and the registered design professional employed to complete the proposed work. If the applicant is not an individual, such as, without limitation, a partnership, limited partnership, corporation, limited liability company, or other such entity, the application shall state the name and address of the persons responsible for managing the business including, but not limited to, partners, directors, or officers. Such application shall:
(28)
Section 106 Floor and Roof Design Loads
Delete this section.
(29)
Subsection 107.2.1.1. Additional Information Required.
Add new subsection 107.2.1.1 after subsection 107.2.1 as follows:
107.2.1.1 Additional information required.
(i)
Documents submitted for detached one- or two-family dwellings including new construction, alterations, minor additions, or other structures shall include the following additional information:
a.
Except as provided in paragraph b of this subsection, 2 sets of construction documents drawn to scale with sufficient clarity and detail to show the nature and character of the work to be performed including, but not limited to, the following:
1.
Plans of each floor level;
2.
4 elevations and typical cross sections; and
3.
7 copies of plot plans or 2 copies of the approved site development plan when a site development plan is required by the Howard County Subdivision Regulations.
b.
1.
The Building Official may waive the requirements set forth in paragraph A of this subsection for:
i.
Alterations; or
ii.
Other structures accessory to a one- or two-family dwelling containing less than 200 square feet in area.
2.
Where waived, the application shall be accompanied by 5 copies of plot plans or 2 copies of the approved site development plan when a site development plan is required by the Howard County Subdivision Regulations.
(ii)
Except as set forth in items b and c of this subparagraph, documents submitted for new non-residential buildings, additions, or alterations to buildings other than detached one- or two-family dwellings shall include the following additional information:
a.
3 complete sets of architectural, structural, mechanical (including heating, ventilation, and air conditioning), plumbing, and electrical construction documents. The documents shall:
1.
Be drawn to scale with sufficient clarity and detail to show the nature and character of the work to be performed;
2.
Be prepared in compliance with this Code; and
3.
Bear the seal, signature, and date of the appropriate Maryland State professional engineer or architect that shall be affixed to all sheets of all sets and at least one set shall bear the original seal, signature, and date.
b.
The Building Official may allow mechanical, electrical, or plumbing drawings to be signed by the licensed contractor doing the proposed work. The contractor shall provide their name, license number, daytime phone number, and date of signature. Each set of plans shall be accompanied by a copy of the approved and signed site development plan when a site development plan is required by the Howard County subdivision regulations.
c.
The Building Official may waive the requirements of plans submitted if the work is of a minor interior or nonstructural nature.
(30)
Subsection 107.2.5.2 Subdivision and Land Development Regulations, Title 16 of the Howard County Code.
Add new subsection 107.2.5.2 after subsection 107.2.5.1 as follows:
107.2.5.2 Subdivision and Land Development Regulations, Title 16 of the Howard County Code. If a site development plan is required by the Howard County Subdivision Regulations, a permit shall not be issued until the site development plan is approved unless authorized by the Director of Planning and Zoning.
(31)
Subsection 109.2 Schedule of Permit Fees.
Delete this subsection and substitute the following:
109.2 Schedule of Permit Fees. The county council shall annually adopt, by resolution, a schedule of fees for building, electrical, plumbing, mechanical, fire protection, and grading permits issued by the Department of Inspections, Licenses and Permits.
(32)
Subsection 109.2.1 Fee Exemptions.
Add new subsection 109.2.1 after subsection 109.2 as follows:
109.2.1 Fee exemptions. Work on buildings and structures owned and operated by the Howard County Government, Howard Community College, Howard County volunteer fire corporations, the Howard County fair association, or the Howard County Board of Education are exempt from permit fees.
(33)
Subsection 109.5.1 Reinspection Fees.
Add new subsection 109.5.1 after subsection 109.5 as follows:
109.5.1 Reinspection fees. A reinspection fee shall be charged for each reinspection if the work has to be reinspected because:
(i)
The work was not ready for inspection at the pre-arranged time for inspection;
(ii)
The inspector did not have access to the work at the pre-arranged time for inspection;
(iii)
The inspector had to return more than once to inspect a correction of the same violation of this Code; or
(iv)
The inspector discovers a flagrant non-compliance during a requested inspection, including but not limited to:
A.
Cut or broken trusses or joists;
B.
Missing load bearing studs; or
C.
The omission of fire stopping.
(34)
Subsection 110.3 Required Inspections.
Delete the sentence that begins "The Building Official " and substitute: After issuing a building permit, the Building Official shall conduct inspections from time to time during and upon completion of the work for which the permit has been issued. Records of inspections and violations shall be maintained by the Building Official. An inspection may include any of the inspections as set forth in subsections 110.3.1 through 110.3.10 of this section.
(35)
Subsection 111.1 Use and Occupancy.
After the first sentence, insert the following:
If there is an approved site development plan and grading has occurred, the Building Official shall not issue a certificate of use and occupancy unless the permittee submits a certification by a registered land surveyor that the site grading and drainage courses are in compliance with the approved site development plan. If there is not an approved site development plan and grading has occurred, the permittee shall submit a certification by a registered land surveyor that the site grading and drainage courses are in compliance with the approved erosion and sediment control plan and grading plan. The certification shall be submitted to the county. The fine grading and soil stabilization may be deferred until the following growing season upon the posting of adequate surety equal to the cost to complete the grading and stabilization.
(36)
Subsection 111.2 Certificate Issued.
After "occupancy" insert a period and delete the remainder of this section.
(37)
Section 113 Board of Appeals.
Delete this section and substitute the following:
Section 113 Means of appeal.
113.1 Application for appeal. Except for a notice of violation, a person may appeal the approval, denial, revocation, suspension, or extension of a permit to a hearing examiner of the Howard County Board of Appeals. An application for an appeal shall be based on a claim that this Code has been incorrectly interpreted, the provisions of this Code do not apply, or an equally good or better form of construction is proposed. A notice of violation may not be appealed.
113.2 Board of Appeals. The Howard County Board of Appeals' Hearing Examiner shall hear and decide appeals in accordance with the procedures set forth in title 16, subtitle 3 of the Howard County Code. Neither the Board of Appeals' Hearing Examiner nor the Board of Appeals shall have authority to waive requirements of this Code.
(38)
Subsection 114.2 Notice of Violation.
Amend this subsection as follows:
(i)
Insert "owner or" before "person responsible for"; and
(ii)
Add the following sentence to the end of this subsection:
A notice of violation may be served in one of the following methods:
a.
Personal service;
b.
Certified or registered mail, restricted delivery, return receipt requested;
c.
First class mail to the owner's address as stated in the records of the State Department of Assessments and Taxation; or
d.
When service is not obtained by one of these methods, the notice may be posted in a conspicuous place at the job site.
(39)
Subsection 114.4 Violation Penalties.
Delete this subsection and substitute the following:
114.4 Violation penalties. Alternatively, and in addition to and concurrent with all remedies provided at law or in equity and as set forth in subsection 114.3 of this Code, the Building Official may enforce this subtitle with civil penalties pursuant to title 24 "Civil Penalties" of the Howard County Code. Except for a first violation of section 115 or section 116 of this Code, a first violation of this subtitle is a Class C offense. A subsequent violation of this subtitle is a Class B offense. Each day that a violation continues is a separate offense.
(40)
Subsection 114.5 Withholding of Inspections and Permits.
Add new subsection 114.5 after subsection 114.4 as follows:
114.5 Withholding of inspections and permits. If the Building Official finds that an owner or person responsible is in violation of a provision of this Code, this subtitle, or any regulation that implements this Code in connection with the construction, maintenance, alteration, or repair of any building, equipment, or land within Howard County, the Building Official may refuse to grant an inspection or permit to the contractor, developer, owner, or other person responsible until all violations have been corrected and all fees and fines have been paid.
(41)
Subsection 115.2.1 Service of Stop Work Orders.
Add new subsection 115.2.1 after subsection 115.2 as follows:
115.2.1 Service of stop work orders. A stop work order shall be served in accordance with the service provisions set forth in subsection 114.2 of this Code.
(42)
Subsection 115.3 Unlawful Continuance.
Delete this subsection and substitute the following:
115.3 Unlawful continuance. A person shall not perform work after service of a stop work order except work that is performed at the direction of the Building Official to abate a violation of this Code or an unsafe condition.
(43)
Subsection 115.4 Prosecution for Failing to Stop Work.
Add new subsection 115.4 after subsection 115.3 as follows:
115.4 Prosecution for failing to stop work. The Building Official may request that the Office of Law institute the appropriate proceeding at law or in equity to prevent or restrain any work performed in violation of this section.
(44)
Subsection 115.5 Violation Penalties.
Add new subsection 115.5 after subsection 115.4 as follows:
115.5 Violation penalties. Alternatively, and in addition to and concurrent with the remedies set forth in subsection 115.4, the Building Official may enforce this section pursuant to title 24, "Civil Penalties" of the Howard County Code. A violation of this section is a Class B offense. Each day that a violation continues is a separate offense.
(45)
Subsection 116.6 Disregarding Notice.
Add new subsection 116.6 after subsection 116.5 as follows:
116.6 Disregarding notice. Failure to comply with a notice issued under this section is a violation of this Code.
(46)
Subsection 116.7 Prosecution.
Add new subsection 116.7 after subsection 116.6 as follows:
116.7 Prosecution. The Building Official may request that the Office of Law institute the appropriate proceeding at law or in equity to prevent or restrain any work performed in violation of this section.
(47)
Subsection 116.8 Violation Penalties.
Add new subsection 116.8 after subsection 116.7 as follows:
116.8 Violation penalties. Alternatively, and in addition to and concurrent with the remedies set forth in Subsection 116.6, the Building Official may enforce this section pursuant to title 24, "Civil Penalties" of the Howard County Code. A violation of this section is a Class B offense. Each day that a violation continues is a separate offense.
(48)
Section 117 Emergency Measures .
Add new section 117 after section 116 as follows:
Section 117 Emergency measures.
117.1 Imminent danger. Whenever the Building Official determines that there is an emergency or imminent danger of failure or collapse of a building, structure, or any part of a building or structure that endangers life, or when any building, structure, or part of a building or structure has fallen and life is endangered by the occupation of the building or structure, the Building Official may order an occupant to vacate the building or structure. The Building Official shall post a notice at each entrance to the building or structure. The notice shall state as follows: "This structure is unsafe and its occupancy has been prohibited by the Building Official." Except for the purpose of making a required repair or demolishing the building or structure, a person shall not enter the building or structure.
117.2 Temporary safeguards. Whenever the Building Official determines that there is imminent danger due to an unsafe condition, the Building Official may cause the necessary work to be done to make the building or structure temporarily safe, whether or not the legal procedure as set forth in this Code has been instituted.
117.3 Closing streets and buildings. If necessary for public safety, the Building Official may take any of the following actions:
(i)
Temporarily close a building or structure;
(ii)
Close or order the jurisdiction to close a sidewalk, street, public way, or place adjacent to an unsafe building or structure; or
(iii)
Prohibit the use of a sidewalk, street, public way, or place adjacent to an unsafe building or structure.
117.4. Demolition of structures. Whenever the Building Official determines that there is imminent danger due to an unsafe structure, the Building Official may cause the structure to be demolished in accordance with section 118 of this Code.
117.5 Emergency repairs. For the purpose of this section, the Building Official may employ the necessary labor and materials to perform the required work as expeditiously as possible.
117.6 Cost of emergency repairs. Costs incurred in the performance of emergency work may be paid from the treasury of the jurisdiction. The Office of Law shall institute appropriate action to seek reimbursement against the owner of the premises where the unsafe building or structure is or was located for the cost of the repairs or actions necessary to make the premises safe.
117.7 Unsafe equipment. Whenever the Building Official determines that equipment is unsafe, the equipment shall not be operated after the date stated in the notice unless the required repairs, replacement, or changes have been made and the equipment has been approved or unless the Building Official has agreed, in writing, to an extension of time to make the required repairs, replacement, or changes.
117.7.1 Authority to seal equipment. In the case of an emergency, the Building Official may immediately seal out of service any unsafe device or equipment regulated by this Code.
117.7.2 Unlawful to remove seal. Any device or equipment sealed out of service by the Building Official shall be plainly identified in an approved manner. Except by the Building Official, the identification shall not be tampered with, defaced, or removed. The identification shall indicate the reason for the sealing of the equipment.
(49)
Section 118 Demolition of Structures.
Add new section 118 after section 117 as follows:
Section 118 Demolition of structures.
118.1 Service connections. Before a structure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure including, but not limited to, water, electric, gas, or sewer. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities. The release shall state that the utility's respective service connections and appurtenant equipment, such as meters and regulators, have been removed, sealed, or plugged in a safe manner.
118.2 Notice to adjoining owners. A permit to remove or demolish a building or structure may be granted if written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities that may need to be temporarily removed due to the proposed work.
118.3 Lot regulation. Whenever a structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades, and the erection of the necessary retaining walls and fences in accordance with the provisions of Chapter 33 of this Code.
(50)
Subsection 703.7 Marking and Identification .
Amend item 1 as follows:
(i)
Delete "within 15 feet (4572 mm) of the end of each wall and";
(ii)
Delete "30 feet (914 mm)" and substitute "10 feet (3048 mm)"; and
(iii)
After "wall or partition" insert "on both sides"; and
(51)
Subsections 903.2.1.1 Group A-1; 903.2.1.3 Group A-3; and 903.2.1.4 Group A-4.
Delete item number 2 in each subsection and substitute the following in each instance:
2. The fire area has a calculated occupant load of 100 or more; or
(52)
Subsection 903.2.1.6 Assembly Occupancies on Roofs .
In the first sentence delete "300" and substitute "100".
(53)
903.2.1.7 Multiple Fire Areas .
In the first sentence delete "300" and substitute "100".
(54)
Subsection 903.2.3 Group E.
Delete this subsection and substitute the following:
903.2.3 Group E. An automatic sprinkler system shall be provided for all Group E occupancies.
Exception: An automatic sprinkler system is not required if a student occupied area has a door directly to the outside.
(55)
Subsection 903.2.13 Additional Suppression Requirements.
Add new subsection 903.2.13 after subsection 903.2.12 as follows:
903.2.13 Additional suppression requirements. Fire suppression systems shall be provided for residential and nonresidential buildings or structures as follows:
903.2.13.1 If an addition or renovation to an existing R-1 or R-2 building exceeds 50% of the gross floor area, the entire building shall be protected by an approved fire protection system.
903.2.13.2 Any nonresidential building, structure, or addition to an existing nonresidential building or structure for which the initial building permit was issued on or after July 1, 1992, shall be protected by an automatic fire protection sprinkler system.
903.2.13.3 Applicable conditions and exceptions:
(i)
Exception: A building or structure containing less than 5,000 gross square feet in floor area. The gross square feet of a building or addition shall be the sum total of the floor area for all floor levels, basements, and subbasements, measured from outside walls, irrespective of the existence of interior fire-resistive walls, floors, or ceilings.
(ii)
If an addition to an existing building exceeds 5,000 gross square feet in floor area, the addition shall comply with this section.
(iii)
If an alteration to an existing building exceeds 5,000 gross square feet in floor area, the alteration shall comply with this section. If the alteration exceeds 50% of the gross floor area of the building, the entire building shall comply with this section.
(iv)
If an alteration and addition occur simultaneously in a building, are contiguous, and the total affected floor area exceeds 5,000 gross square feet in floor area, the entire alteration and addition areas shall comply with this section.
(v)
The Building Official may grant a waiver from the requirements of this section for an unusual building, structure, or occupancy.
(vi)
A sprinkler system required by this section shall be installed in accordance with NFPA standard 13, 13D, or 13R, as applicable.
(56)
Subsection 903.2.14 Hose Connections.
Add new subsection 903.2.14 after subsection 903.2.13 as follows:
903.2.14 Hose connections. Where fire suppression systems are required in group M, S-1 and F-1 occupancies, a 2½ inch hose connection with 1½ inch reducers shall be provided for Fire Department use. Hose connections shall be placed near exit doors that do not have Fire Department vehicle access within 100 feet. Two hose connections shall be located no more than 200 feet apart. Exit doors shall be placarded on the outside to indicate the location of hose connections for Fire Department access.
(57)
Subsection 905.11 Piping Design.
Add new subsection 905.11 after subsection 905.10 as follows:
905.11 Piping design. The riser piping, supply piping, and water service piping shall be sized to maintain a residual pressure of at least 100 psi at the top most outlet of each riser while flowing the minimum quantity of water as specified in NFPA 14. The pipe size shall be based on either the capacity of the automatic water supply system or the supply of 1000 gpm at 150 psi at the Fire Department connection where an automatic water supply is neither required nor provided to maintain the residual pressure of 100 psi. If a fire pump is required to supply an automatic sprinkler system, the pump shall be sized in accordance with this section.
Exception: The residual pressure of 100 psi is not required in buildings:
(i)
That are equipped throughout with automatic sprinkler systems in accordance with section 903.3.1.1 or 903.3.1.2 of this Code;
(ii)
Where the highest floor level is not more than 75 feet above the lowest level of fire department vehicle access; and
(iii)
Where a pump is not required to meet the sprinkler system demand,
(58)
Subsection 910.2 Where Required.
Delete exceptions 1, 2, and 3.
(59)
Subsection 910.2.2 High Piled Combustible Storage.
(i)
In the first sentence, delete "table 3206.2 of the International Fire Code" and substitute "table 910.2.2 of the Howard County Building Code".
(ii)
Insert table 910.2.2 as follow:
Table 910.2.2
(60)
Subsection 910.3. Smoke and Heat Vents.
After "910.3.3." insert the following: Smoke and heat vents shall be approved, labeled, and capable of being operated by approved manual means.
(61)
Table 1607.1 Item 26 Roofs .
In the occupancy or use column:
(i)
In the row titled "All other construction, except one and two family dwellings", in the column titled "uniform", delete "20" and substitute "30" and add footnote "m" next to "30"; and
(ii)
In the row titled "ordinary flat, pitched, and curved roofs (that are not occupiable)" add footnote "m" next to "20".
(62)
Subsection 1607.10 Reduction in Uniform Live Loads.
In both sentences, insert the word "not" before permitted.
(63)
Subsection 1607.12.1 Distribution of Roof Loads .
In the last sentence, delete the words "and section 7.5 of ASCE 7 for partial snow loading".
(64)
Subsection 1607.12.2 General.
Add the following to the end of this subsection:
Exception: Except for buildings of Group U, a flat, pitched, or curved roof shall be designed for a minimum live load of 30 pounds per square foot (psf) or for the minimum snow load, whichever is greater. In buildings of Group U, roofs shall be designed for a minimum live load of 20 psf.
(65)
Subsection 1803.2 Investigations Required.
Insert at the end of the first sentence "or where the building exceeds 2 stories".
(66)
Subsection 1809.5 Frost Protection.
Delete exception number 2 and substitute "2. Area of 400 square feet or less; and".
(67)
Subsection 1809.5.1 Frost Line.
Add new subsection 1809.5.1 after subsection 1809.5 as follows:
1809.5.1 Frost line. The frost line shall be at least 30 inches below finished grade.
(68)
Delete Chapters 28 Through 29.
(69)
Subsection 3001.2 Referenced Standards.
Add the following to the end of the subsection:
Exception: The requirements of the State of Maryland Elevator Code, ASME A17.1, Safety Code for Elevators and Escalators, as adopted by the Maryland Department of Labor, Licensing and Regulation, shall apply to elevators and conveying systems.
(70)
Subsection 3107.1 General.
Insert the following at the end of this sentence after "Code":
And the requirements of the Howard County Sign Code set forth in title 3, subtitle 5 of the Howard County Code.
(71)
Subsection 3108.3 Radio and Television Antennas.
Add new subsection 3108.3 after subsection 3108.2 as follows:
3108.3 Radio and Television Antennas.
3108.3.1 Permits not required. Building permits are not required for roof installation of antennal structures that are less than 12 feet in height above the roof and used for private radio or television reception. Antennal structures shall not be erected so as to damage the roof covering. When removed from the roof, the roof covering shall be repaired to maintain weather and water tightness. The installation of antennal structures on the roof of a building shall not be nearer to the lot line than the total height of the antennal structure above the roof. Antennal structures shall not be erected near electric power lines and shall not encroach upon any street or other public space.
3108.3.2 Permits required. If the application meets the criteria set forth in this Code, an application for roof-mounted antennal structures more than 12 feet in height above the roof shall be approved. A permit application for a roof-mounted antennal structure under this subsection shall be accompanied by detailed drawings of the structure and method of anchorage. All connections to the roof structure shall be properly flashed to maintain water tightness. The design and materials of construction shall comply with the requirements of this subsection (3108.3) for character, quality, and minimum dimension.
3108.3.3 Dish antennas. A dish antenna is an antenna that consists of a radiation element that transmits or receives radiation signals generated as electrical, light, or sound energy. A dish antenna is supported by a structure with or without a reflective component to the radiating dish, usually in a circular shape with a parabolic curve design constructed of a solid or open mesh surface.
3108.3.3.1 Permits. A permit shall be obtained for dish antennal structures that are greater than 3 feet in diameter and that are erected on the roof of or attached to buildings or structures. Permits are not required for dish antennas that are 3 feet or less in diameter and that are erected and maintained on the roof of a building.
3108.3.3.2 Structural provisions. Dish antennas larger than 3 feet in diameter are subject to the structural provisions of sections 1608 and 1609. The snow load provision of section 1608 shall not apply where the antenna has a heater to melt falling snow.
(72)
Section 3109.4.1.10. Alternative Devices .
Add new subsection 3109.4.1.10 after subsection 3109.4.1.9 as follows:
3109.4.1.10 Alternative devices. Natural barriers, pool covers, or other protective devices approved by the Building Official shall be an acceptable enclosure if the degree of protection afforded by the substituted device or structure is greater than the protection afforded by the enclosures, gates, and latches described herein.
(73)
Section 3112 Floodplain.
Add new section 3112 after section 3111 as follows:
Section 3112 Floodplain.
3112.1 General. For the purpose of this section, the floodplain is delineated in title 16, subtitle 7 of the Howard County Code.
3112.2 Within designated floodplain.
The construction, reconstruction, modification, alteration, repair, or improvement of buildings, manufactured homes, or other structures located within a designated floodplain shall be done in accordance with the requirements set forth in this section.
3112.2.1 New construction. New residential or nonresidential construction shall not occur within a designated floodplain.
Exception 1: An existing nonconforming structure located within a designated floodplain which is destroyed by fire or flood, or that sustains substantial damage may be restored to the same size and dimension and in the same location on the same lot as the destroyed structure, provided construction begins within 12 months of the date of destruction. Construction shall comply with the elevating and floodproofing requirements of subsection 3112.4 for new construction adjacent to a floodplain. A person shall not intentionally demolish or reconstruct any nonconforming structure. This exception does not apply to manufactured homes. A manufactured home cannot be restored under any condition within a designated floodplain.
Exception 2: Transportation networks, utility installations, piers, open pier structures, and open decks approved by the Department of Public works. Streets, sidewalks, pathways, and utility systems in accordance with the Howard County Design Manual and all other applicable codes, ordinances, resolutions, and regulations.
3112.2.2 Additions and enlargements. Existing nonconforming structures located within a designated floodplain shall not be expanded or enlarged.
3112.2.3 Modifications, alterations, and repairs. Modifications, alterations, repairs, or improvements that cost less than 50% of the fair market value of the structure may be made to existing nonconforming structures located within a designated floodplain without floodproofing or elevating if the owner demonstrates through a Maryland State registered professional engineer that floodproofing or elevating is impractical.
3112.3 Substantial improvements within a designated floodplain. Substantial improvements within a designated floodplain shall meet the standards set forth in this subsection and title 16, subtitle 7 of the Howard County Code.
3112.3.1. Residential. The lowest floor, including a basement, of substantial improvements to existing nonconforming residential structures located within a designated floodplain shall be elevated to at least 2 feet above the 100-year flood elevation.
3112.3.2. Nonresidential. The lowest floor, including a basement, of substantial improvements to existing nonconforming nonresidential structures shall be elevated to at least 2 feet above the 100-year flood elevation or shall be designed so that any area of the building which is lower than 2 feet above the 100-year flood elevation, as determined or approved by the Department of Public Works, is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of withstanding applicable hydrostatic, hydrodynamic, impact, soil, and, when applicable, hurricane and tidal wave loading conditions. The water tightness and structural capabilities shall be those described in floodproofing regulations published by the Office of the Chief of Engineers, U.S. Army, Washington, D.C., December 1995, or subsequent revisions, and subsection 16.705(c) of the Howard County Code.
3112.4 Construction adjacent to a designated floodplain. Where buildings are located adjacent to a designated floodplain the following subsections and title 16, subtitle 7 of the Howard County Code shall apply:
3112.4.1 Residential. In new construction of residential buildings or additions or substantial improvements to residential buildings, all floors, including those of basement and storage areas, shall be elevated at least 2 feet above the 100-year flood level.
3112.4.2 Nonresidential. In new construction of nonresidential buildings or additions or substantial improvements to nonresidential buildings, either:
(i)
All floors (including those of basement and storage areas) shall be elevated at least 2 feet above the 100-year flood level, as determined or approved by the Department of Public Works; or
(ii)
The construction or improvement (including attendant utility or sanitary facilities) shall be designed so that any areas of the building that are lower than 2 feet above the 100-year flood elevation, as determined or approved by the Department of Public Works, are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of withstanding applicable hydrostatic, hydrodynamic, impact, soil, and, when applicable, hurricane and tidal wave loading conditions. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities associated with the buildings shall be designed or located to prevent water from entering or accumulating within the components during flood conditions. The water tightness and structural capabilities shall be those described in floodproofing regulations, published by the office of the Chief of Engineers, U.S. Army, Washington, D.C., December 1995, or subsequent revisions, and subsection 16.705(c) of the Howard County Code.
3112.4.3. Modifications, alterations or repairs. Modifications, alterations, repairs, or improvements that costs less than 50% of the fair market value of the structure may be made to existing nonconforming structures located adjacent to a designated floodplain without floodproofing or elevating.
3112.4.4. Variances. Variances to the requirements set forth in this subsection may be granted by the Building Official in accordance with section 16.711 of the Howard County Code.
3112.5 Substantial improvements adjacent to a designated floodplain. Substantial improvements adjacent to a designated floodplain shall meet the standards set forth in this subsection and title 16, subtitle 7 of the Howard County Code.
3112.5.1 Residential. The lowest floor, including a basement, of substantial improvements to existing nonconforming residential structures located adjacent to a designated floodplain shall be elevated to at least 2 feet above the 100-year flood elevation.
3112.5.2 Nonresidential. The lowest floor, including a basement, of substantial improvements to existing nonconforming nonresidential structures located adjacent to a designated floodplain shall be elevated to at least 2 feet above the 100-year flood elevation or shall be designed so that any area of the building which is lower than 2 feet above the 100-year flood elevation, as determined or approved by the Department of Public Works, is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of withstanding applicable hydrostatic, hydrodynamic impact, soil, and, when applicable, hurricane and tidal wave loading conditions. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities associated with the buildings shall be designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding. The water tightness and structural capabilities shall be those described in floodproofing regulations published by the Office of the Chief of Engineers, U.S. Army, Washington, D.C., December 1995, or subsequent revisions, and subsection 16.705(c) of the Howard County Code.
3112.6 Verification. For the purpose of verifying compliance with section 3112.4 for construction adjacent to a designated floodplain, the following shall apply:
(i)
When floodproofing by means other than elevating, a document stating that the proposed construction has been adequately designed to withstand the loading conditions stated in subsection 3112.4.2(ii) shall be certified by a professional engineer or architect currently registered in Maryland. This document shall be required prior to issuance of a building permit.
(ii)
When floodproofing by elevating is used, the owner shall agree, in writing, to provide a FEMA Elevation Certificate Form 086-0-33, completed by a professional engineer or professional land surveyor currently registered in Maryland, certifying that the as-built lowest floor of the structure is elevated at least 2 feet above the 100-year floodplain elevation. The agreement shall be made prior to the issuance of the building permit and the completed certification shall be submitted prior to foundation approval by the Building Official.
(iii)
Fair market value of a structure shall be established by a recent (within 6 months) formal appraisal from a qualified appraiser. Fair market value shall not include land value.
(iv)
Cost to repair or improve a structure shall be established by a recent (within 6 months) written estimate from a licensed contractor and shall include the complete cost of repairs or improvements to the point of use or occupancy.
3112.7 Definitions. Notwithstanding Chapter 2 of the International Building Code, the following definitions shall apply to section 3112, Floodplain, of this Code:
Accessory structure. A detached structure on the same parcel or property as the principal structure that has a use that is incidental to the principal structure including, but not limited to, a shed or detached garage.
Adjacent to a floodplain. Sharing a common border with a floodplain.
Basement. An enclosed area that is below grade on all sides.
Floodplain. Shall be as delineated in title 16, subtitle 7 of the Howard County Code.
Floodproofing. Any combination of additions, changes, or adjustments to a structure which reduce or eliminate flood damage to real estate or improved real property, water or sanitary facilities, or structures and their contents , such that the buildings or structures are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Historic structure. A building listed on the national register of historic places, a state inventory of historic places, or an inventory of historic structures adopted by resolution of the County Council. A historic structure also includes a structure that is certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Lowest floor. The lowest floor or the lowest enclosed area, including a basement. Lowest floor does not include an unfinished or flood resistant enclosure used solely for parking vehicles, building access, or storage in an area other than a basement area. The enclosure shall not be built so as to render the structure in violation of the applicable non-elevation design requirements of subsections 3112.4 and 3112.6 of this Code.
Manufactured home. A manufactured home shall have the meaning set forth in title 16, subtitle 7 of the Howard County Code.
New construction. Structures, including additions and improvements, and the placement of manufactured homes, for which the start of construction commenced on or after 3/15/1977, the initial effective date of the Howard County Flood Insurance Rate Map, including any subsequent improvements, alterations, modifications, and additions to such structures.
The repair or replacement of a manufactured home because of substantial damage is considered to be new construction and is prohibited in accordance with section 3112.2.1 of this Code.
Structure. For purposes of this Subsection 3112 to this Code, shall have the meaning set forth in title 16, subtitle 7 of the Howard County Code.
Substantial damage. Damage of any origin sustained by a structure where the cost of returning the structure to its condition prior to damage would equal or exceed 50% of the structure's fair market value before the damage occurred.
Substantial improvement. The repair, reconstruction, or improvement of a building or structure, the cost of which is equal to or greater than 50% of the fair market value of the building or structure prior to damage, improvement, or repair. For the purpose of this definition, "substantial improvement" occurs when the first alteration of a wall, ceiling, floor, or other structural part of the building begins, whether or not that alteration affects the external dimensions of the building or structure. The term does not include any project for improving a building or structure to comply with existing state or local health, sanitary, or housing code requirements which are necessary to assure safe living conditions. This term does not include an alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
Variance. The grant of relief from a term of this subtitle.
3112.8 Variances and waivers. Except as provided in section 3112.4 of this Code, a variance or waiver of this section is not allowed. The Building Official shall consider a variance in accordance with the provisions of section 16.711 of the Howard County Code.
3112.9 Other agencies. A permit issued by the Building Official under this subtitle is not valid until all necessary permits for the development are obtained. Receipt of federal or state permits do not exempt a development from the provisions of this subtitle.
(74)
Subsection 3306.10 Accessibility During Construction Operations.
Add new subsection 3306.10 after subsection 3306.9 as follows:
3306.10 Accessibility during construction operations. Prior to and during construction, the contractor shall provide and maintain at all times a minimum 12 foot wide vehicular access roadway that will allow the unimpeded movement of fire or emergency rescue vehicles from an improved street to within 200 feet of the most remote building under construction on the site. The vehicular access roadway surface shall be crusher run, stone base, blacktop, or other suitable compacted surface material approved by the Building Official.
(75)
Section 3314 Construction Site Grading.
Add new section 3314 after section 3313 as follows:
Section 3314 Construction site grading.
3314.1 Lot improvements. Lot improvements shall provide:
(i)
Suitable access from an abutting street to dwellings and accessory buildings subject to a permit;
(ii)
Grading which will divert water away from buildings and prevent standing water and soil saturation detrimental to structures or lot use;
(iii)
Disposal of water from lots, except as necessary for controlled irrigation;
(iv)
Grades for safe and convenient access to and around buildings or lots for use and maintenance; and
(v)
Grades that do not adversely affect adjoining lots.
3314.2 Minimum gradient. The minimum gradient for concrete or other impervious surfaces shall be 1/16 inch per foot (½%). The minimum gradient for pervious surfaces shall be ¼ inch per foot (2%).
3314.3 Maximum gradient. Except where restricted by property lines, the maximum gradient shall be 2-½ inches (21%) for a minimum of 4 feet away from building walls. Slopes not exceeding 30 inches shall be 1-½ to 1. Slopes exceeding 30 inches shall be 2 to 1. The top and bottom of banks at the swales shall be rounded for convenient maintenance.
3314.4 Finish grading. For areas where the installation of lawn or planting is required, the surface layer of the soil shall be workable, free of debris, and lot finished graded to comply with grading design. Finish grading shall be done when the ground is frost-free and the weather is favorable. Lawn covers shall be provided to prevent the erosion of swales and slopes.
(76)
Section 3315 Burial of Construction Debris.
Add new section 3315 after section 3314 as follows:
Section 3315 Burial of construction debris.
3315.1 When prohibited or permitted. The burial of debris on residential lots equal to or less than half an acre is prohibited. The burial of organic or inorganic debris on residential lots greater than half an acre may be permitted by the Building Official provided that the debris is generated on-site. Burial shall not be located in proposed driveways or parking areas and shall not be located closer than 50 feet from existing or proposed buildings.
(C.B. 10, 2015, § 1)