Baltimore City Council
File #: 17-0017    Version: 0 Name: Building, Fire, and Related Codes - International Residential Code - Corrections
Type: Ordinance Status: Enacted
File created: 2/6/2017 In control: City Council
On agenda: Final action: 3/17/2017
Enactment #: 17-008
Title: Building, Fire, and Related Codes - International Residential Code - Corrections For the purpose of expressly continuing the regulation of solar photovoltaic power systems for all 1- and 2-family dwellings; and expressly reinstating the application of certain regulations governing driveways and other paved surfaces for all 1- and 2-family dwellings.
Sponsors: City Council President (Administration)
Indexes: Building, Fire and Related Codes, Code, Residential
Attachments: 1. 17-0017~1st Reader, 2. HCD 17-0017, 3. Law 17-0017, 4. DPW 17-0017, 5. DOT 17-0017, 6. 17-0017~3rd Reader, 7. Completed Legislative File 17-0017

Explanation: Capitals indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * Warning: This is an unofficial, introductory copy of the bill.

                     The official copy considered by the City Council is the first reader copy.

                     Introductory*

 

                     City of Baltimore

                     Council Bill          

                                                                                                                                                           

Introduced by: The Council President

At the request of: The Administration (Department of Housing and Community Development)

 

                     A Bill Entitled

 

An Ordinance concerning

title

Building, Fire, and Related Codes - International Residential Code - Corrections

For the purpose of expressly continuing the regulation of solar photovoltaic power systems for all 1- and 2-family dwellings; and expressly reinstating the application of certain regulations governing driveways and other paved surfaces for all 1- and 2-family dwellings.

body

 

By repealing and reordaining, with amendments

Article - Building, Fire, and Related Codes

Section 8-102 (FC § 605.11.1.2)

Baltimore City Revised Code

(2015 Edition)

 

By adding

Article - Building, Fire, and Related Codes

Section 10-102 (RC § 327)

Baltimore City Revised Code

(2015 Edition)

 

Section 1.  Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Revised Code

 

                     Article - Building, Fire, and Related Codes

 

                     Part VIII.  International Fire Code

 

§ 8-102.  City modifications.

 

The additions, deletions, amendments, and other modifications adopted by the City are as follows:

 

                     Chapter 6.  Building Services and Systems

 

[Sections  605 to 608  {As in IFC}]

 

Section 605   Electrical Equipment, Wiring and Hazards

 

605.1 to 605.10  {As in IFC}

 

605.11  Solar photovoltaic power systems.  {As in IFC}

 

605.11.1  Access and pathways.  {As in IFC}

 

605.11.1.1  Roof access points.  {As in IFC}

 

605.11.1.2  Solar photovoltaic systems for Group R-3 buildings.  Solar photovoltaic systems for Group R-3 buildings shall comply with [Sections] §§ 605.11.1.2.1 through 605.11.1.2.5.

 

Exception:  [These requirements shall not apply to structures designed and constructed in accordance with the International Residential Code.] 

{Not Adopted}

 

605.11.1.2.1 to 605.1.2.5  {As in IFC}

 

605.11.1.2  Ground-mounted photovoltaic arrays.  {As in IFC}

 

605.12  Abandoned wiring in plenums.  {As in IFC}

 

Sections 606 to 608  {As in IFC}

 

Comment:  For several years, IRC § 324.7 parroted requirements also covered by IFC § 605.11 {Solar photovoltaic power systems”}.  Both of these sections have been incorporated by reference, without modification, into the Citys BFR Codes, including the current 2015 Edition.  Recently, however, the ICC posted an Errata that, among other things, deleted IRC § 324.7, in its entirety, from the ICC’s 2015 Edition of the IRC.  Presumably, it did this in reliance on - and to avoid undue redundancy with -- the like requirements already imposed by IFC § 605.11.  Unfortunately, the persons responsible for this Errata seem to have overlooked the Exception to IFC § 605.11.1.2, which (as shown above) provides that the sections requirements governing solar photovoltaic systems for Group R-3 buildings shall not apply to structures designed and constructed in accordance with the International Residential Code.  This correction repeals that exception, thereby continuing the requirements - and their consequent protections - for all Group R-3 buildings, including those structures governed by the IRC.

 

 

                     Part X.  International Residential Code

 

§ 10-102.  City modifications.

 

The additions, deletions, amendments, and other modifications adopted by the City are as follows:

 

                     Chapter 3.  Building Planning

 

Section 327  Driveways and Other Paved Surfaces

 

327.1  Driveway entrances.  All driveway entrances located on a public right-of-way must be constructed in accordance with the rules, regulations, and permit requirements of the Department of Transportation.

 

327.2  Surface paving.  Parking pads, driveways, and private roads must be paved with asphalt, brick, concrete, macadam, or stone block.  Permeable paving systems may be utilized in accordance with the rules and regulations of the Department of Public Works.  All paving must be able to support the design loads for the proposed vehicular traffic.

 

327.3  Parking areas.  The size, layout, and arrangement of parking areas must comply with:

 

1.                     the Baltimore City Zoning Code, and

 

2.                     the rules and regulations of the City Planning Commission.

 

327.4  Surface drainage.  Storm drainage off paved surface areas must be properly conveyed to paved alleys, paved streets, or other approved water courses.

 

3112.6.1  Limitations.  No drainage may be discharged:

 

1.                     so as to run or flow over any sidewalk or footway, except at a driveway with a depressed curb, or

 

2.                     across any adjoining property.

 

Comment:  The City first adopted the IRC in its 2007 Edition of the City’s BFR Codes.  Until then, the IBC generally applied to all structures, including 1- and 2-family dwellings.  In 2007, contemporaneous with the adoption of the IRC, the IBC was amended to exclude from its scope those 1- and 2-family  dwellings newly governed by the IRC. See BC § 101.2 (Exception 1).  Instead, various uniquely local BC provisions not otherwise addressed by the IRC, but long applicable to 1- and 2-family  dwellings,  were amended into the local RC by reference.  Cf., e.g., RC § 404.6 {“Underpinning”}; RC § 910.1 {“Rooftop ... Structures”}.  More recently, it was discovered that one set of local BC provisions (BC § 3112{“Parking Lots, Driveways, and Other Paved Surfaces”}, relevant portions of which have also been long applicable to 1- and 2-family dwellings, was inadvertently overlooked.  This section corrects that oversight by expressly incorporating those relevant portions into the RC

 

 

Section 2.  And be it further ordained, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

Section 3.  And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.