Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
City of Baltimore
Council Bill 20-0505
(First Reader)
Introduced by: The Council President
At the request of: The Administration (Department of Housing and Community Development)
Introduced and read first time: March 9, 2020
Assigned to: Judiciary Committee Referred to the following agencies: Department of Housing and Community Development, Fire Department, Department of Public Works, Department of Transportation, Department of General Services, Planning Department, Board of Municipal and Zoning Appeals, City Solicitor
A Bill Entitled
An Ordinance concerning
title
Building, Fire, and Related Codes - 2020 Edition
For the purpose of adopting a revised Building, Fire, and Related Codes Article, comprising the Maryland Building Performance Standards (effective March 25, 2019), the International Building Code (2018 Edition), the National Electrical Code (2017 Edition), the International Fuel Gas Code (2018 Edition), the International Mechanical Code (2018 Edition), the International Plumbing Code (2018 Edition), the International Property Maintenance Code (2018 Edition), the International Fire Code (2018 Edition), the International Energy Conservation Code (2018 Edition), the International Residential Code for One- and Two-Family Dwellings (2018 Edition), the International Green Conservation Code (2012 Edition), and the International Swimming Pool and Spa Code (2018 Edition), all as supplemented, amended, or otherwise modified by this Ordinance; providing for the effect, construction, and effective date of these new standards and codes; conforming, correcting, and clarifying certain language; providing for a special effective date; and generally relating to the adoption of new building, fire, property maintenance, electrical, plumbing, mechanical, and related codes for Baltimore City.
body
By repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
In its entirety
Baltimore City Revised Code
(Edition 2000)
By repealing and reordaining, with amendments
Article - Health
Section 6-603.1(b)(1)(BFR Codes)
Baltimore City Revised Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 1- Mayor, City Council, and Municipal Agencies
Sections 40-14(e)(5c) and (6), and 41-14(5)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 9 - Fire Suppression and Prevention
Subtitle 8 (Editor’s Note)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 10 - Harbors, Docks, and Wharves
Subtitle 7 (Editor’s Note)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 13 - Housing and Urban Renewal
Section 11-2(d)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 15 - Licensing and Regulation
Sections 246 and 255(a)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 19 - Police Ordinances
Section 71-2(i)(1)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 26 - Surveys, Streets, and Highways
Section 6-7(1)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 32 - Zoning
Section 16-409
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Article - Building, Fire, and Related Codes
Part I. Maryland Building Performance Standards
§ 1-101. State action.
(a) In general.
The Maryland Building Performance Standards are adopted and, from time to time, amended by the [State] Maryland Department of [Housing and Community Development] Labor under State Public Safety Article, Title 12, Subtitle 5.
(b) Contents.
As amended effective [January 1, 2015,] March 25, 2019, these Standards consist of:
(1) the International Building Code ([2015] 2018 Edition), with certain State modifications {[COMAR 05.02.07.04A and B] COMAR 09.12.51.04A and B};
(2) the International Residential Code for One- and Two-Family Dwellings ([2015] 2018 Edition), with certain State modifications {[COMAR 05.02.07.04A and C] COMAR 09.12.51.04A and C}; and
(3) the International Energy Conservation Code (2015 Edition), with certain State modifications {[COMAR 05.02.07.04A and D] COMAR 09.12.51.04A and D}.
§ 1-102. City adoption.
The Maryland Building Performance Standards are adopted as part of the Building, Fire, and Related Codes of Baltimore City, subject to the following modifications:
(1) in the International Building Code ([2015] 2018 Edition):
(i) incorporate the State modifications indicated in the appropriate chapter, section, or other provision of Part II below; and
(ii) add the Baltimore City modifications indicated in the appropriate chapter, section, or other provision of Part II below;
(2) in the International Residential Code for One- and Two-Family Dwellings ([2015] 2018 Edition):
(i) incorporate the State modifications indicated in the appropriate chapter, section, or other provision of Part X below; and
(ii) add the Baltimore City modifications indicated in the appropriate chapter, section, or other provision of Part X below; and
(3) in the International Energy Conservation Code ([2015] 2018 Edition):
(i) incorporate the State modifications indicated in the appropriate chapter, section, or other provision of Parts IX-A and XI-B below; and
(ii) add the Baltimore City modifications indicated in the appropriate chapter, section, or other provision of Parts IX-A and XI-B below.
Part II. International Building Code
§ 2-101. City adoption.
(a) In general.
The International Building Code ([2015] 2018 Edition) is adopted as part of the Building, Fire, and Related Codes of Baltimore City, subject to the additions, deletions, amendments, and other modifications contained in this Part II.
(b) Codification.
Unless otherwise specified, chapter and section numbers in this Part II refer to the chapter and section numbers of the International Building Code.
§ 2-102. Maryland Building Performance Standards.
The Maryland Building Performance Standards contain certain State modifications to the International Building Code. The State modifications that Baltimore City has adopted are repeated in this Part II, for the user’s convenience, in the appropriate chapter, section, or other provision. These State modifications are labeled “MBPS Modification”.
§ 2-103. City modifications.
The additions, deletions, amendments, and other modifications adopted by the City are as follows:
Chapter 1
Scope and Administration
{MBPS Modification Note to Chapter 1: Local jurisdictions are responsible for the implementation and enforcement of the Maryland Building Performance Standards. Refer to each local jurisdiction for local amendments to Chapter 1 of the IBC. Each local jurisdiction having authority shall establish ... implementation and enforcement procedures that include: (a) review and acceptance of appropriate plans; (b) issuance of building permits; (c) inspection of the work authorized by the building permits; and (d) issuance of use and occupancy certificates.}
Section 101 General
101.1 Title. The regulations contained in this Code constitute and are known as the “Baltimore City Building Code”. The Baltimore City Building Code, together with the standards and codes listed in § 101.4 {“Referenced codes”} of this Chapter, as supplemented, amended, or otherwise modified by these provisions, collectively constitute and are known as the “Building, Fire, and Related Codes of Baltimore City”.
101.1.1 References to “this Code”. Throughout this Part II, all references to “this Code” refer to the Building, Fire, and Related Codes of Baltimore City.
101.2 Scope. {As in IBC}
Exception 1: {Per MBPS Modification} Detached 1- and 2-family dwellings and multiple single-family dwellings (townhouses) not more than 3 stories above grade plane in height with a separate means of egress and their accessory structures must comply with the International Residential Code.
Exception 2: {Per MBPS Modification} Existing buildings undergoing repair, alterations, or additions, and change of occupancy must comply with the Maryland Building Rehabilitation Code, set forth in COMAR [05.16] 09.12.58. {Note: The Maryland Building Rehabilitation Code comprises the 2015 International Existing Building Code, with State modifications).
Exception 3: {Per MBPS Modification} Maintenance of residential structures and premises must comply with the Minimum Livability Code, as set forth in COMAR 09.12.54.
101.2.1 Appendices. The appendices to the International Building Code apply as follows:
101.2.1.1 Appendices adopted. The [provisions of the] following appendices are adopted, with or without local modifications, as part of this Code:
1. Appendix C: “Group U - Agricultural Buildings”.
2. Appendix D: “Downtown Fire District”.
3. Appendix F: “Rodent Proofing”.
4. Appendix H: “Signs”.
5 Appendix I: “Patio Covers”.
6. Appendix J: “Grading”.
101.2.1.2 Appendices not adopted. The following appendices are not adopted as part of this Code:
1. Appendix A: “Employee Qualifications”.
2. Appendix B: “Board of Appeals”.
3. Appendix E: “Supplementary Accessibility Requirements”.
4. Appendix G: “Flood Resistant Construction”.
5. Appendix K: “Administrative Provisions”.
6. Appendix L: “Earthquake Recording Instrumentation”.
7. Appendix M: “Tsunami-Generated Flood Hazard”.
8. Appendix N: “Replicable Buildings”.
101.3 Intent. {As in IBC}
101.4 Referenced codes. The standards and codes listed in this § 101.4, as modified by these provisions and as referred to elsewhere in this Code, are part of the requirements of this Code to the extent prescribed by the reference.
101.4.1 Electrical. The National Electrical Code ([2014] 2017 Edition), as modified in Part III of this Code, applies to the installation of electrical systems, including their alteration, repair, replacement, equipment, appliances, fixtures, fittings, and appurtenances.
101.4.2 Gas. The International Fuel Gas Code ([2015] 2018 Edition), as modified in Part IV of this Code, applies to the installation of gas piping from the point of delivery, to gas appliances, and to related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances, and related accessories.
101.4.3 Mechanical. The International Mechanical Code ([2015] 2018 Edition), as modified in Part V of this Code, applies to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy-related systems.
101.4.4 Plumbing. The International Plumbing Code ([2015] 2018 Edition), as modified in Part VI of this Code, applies to the installation, alteration, repair, and replacement, use, or maintenance of or addition to plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances.
101.4.5 Property maintenance. The International Property Maintenance Code ([2015] 2018 Edition), as modified in Part VII of this Code, applies to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures.
101.4.6 Fire prevention. The International Fire Code ([2015] 2018 Edition), as modified in Part VIII of this Code, applies to matters affecting or relating to prevention of structures, processes, and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials, or devices; from conditions hazardous to life, property, or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.7 Energy. The International Energy Conservation Code ([2015] 2018 Edition), as modified in Parts IX-A and IX-B of this Code, applies to all matters governing the design and construction of buildings for energy efficiency.
101.4.8 Residential. The International Residential Code for One- and Two-Family Dwellings ([2015] 2018 Edition), as modified in Part X of this Code, applies to detached 1- and 2-family dwellings and multiple single-family dwellings (townhouses), not more than 3 stories above grade plane in height, and their accessory structures.
101.4.9 Green Construction. The International Green Construction Code Construction (2012 Edition), as modified in Part XI of this Code, applies to construction requirements intended to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants.
101.4.10 Swimming Pool and Spa. The International Swimming Pool and Spa Code ([2015] 2018 Edition), as modified in Part XII of this Code, applies to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas.
101.5 References to former Codes. All references in a violation, condemnation, or other notice, in a citation, or in the Baltimore City Code to any former version of the Building Code or to any provision of that Code are considered to refer to the comparable or otherwise applicable provisions of this Code.
Section 102 Applicability
102.1 to 102.5 {As in IBC}
102.6 Existing conditions. The legal occupancy of any structure existing on the date of adoption of this Code is permitted to continue without change, except as otherwise specifically provided in this Code, the International Property Maintenance Code, or the International Fire Code.
102.6.1 to 106.1.2 {As in IBC}
102.7 Structures owned by City. This Code does not apply to any structure (other than a building) that is owned by the City, to the extent that the structure:
1. is located on, over, or under a street, alley, or other public way or land, and
2. is designed, constructed, controlled, and maintained by and under the authority and supervision of the Director of Public Works, the Director of General Services, or the Director of Transportation, whichever has jurisdiction, or an authorized representative of the applicable Director.
102.8 Public service structures on streets. This Code does not apply to any pole, conduit, tunnel, pipe line, manhole, or other similar surface or subsurface structure, including its equipment, that is owned and controlled by a public service corporation, to the extent that:
1. the structure is located on, over, or under a street, alley, or other public way or land,
2. its construction is authorized by the City, and
3. its installation is regulated and supervised by the Director of Public Works, the Director of General Services, or the Director of Transportation, whichever has jurisdiction, or an authorized representative of the applicable Director.
102.9 Property owned or leased by United States or Maryland. Except as specified in § 102.9.1, land owned by the United States or by the State of Maryland, including any structure owned by either and located on the land, is exempt from this Code.
102.9.1 Exceptions. The following are not exempt from this Code:
1. land or structures leased by the United States or the State of Maryland from a private owner,
2. land or structures leased by a private owner from the United States or the State of Maryland, and
3. land or structures held by the United States or the State of Maryland pursuant to the foreclosure of a residential mortgage.
102.10 Waterways. Other than work done by the United States or the State of Maryland, all construction done along the shoreline and waterways within the City must:
1. comply with this Code, and
2. be approved by:
a. the Department of Public Works,
b. the Department of General Services,
c. the Department of Transportation,
d. the Department of Planning,
e. the Fire Department,
f. the Maryland Department of the Environment, and
g. the U.S. Army Corps of Engineers.
102.11 Railroad facilities. Railroad facilities within a railroad right-of-way are exempt from the provisions of this Code, except for those provisions that relate to sanitary maintenance. However, privately owned structures within a right-of-way are not exempt unless they are ancillary to the railroad.
102.12 Moved structures. Structures that are moved into or within Baltimore City:
1. must comply with the provisions of this Code for new structures, and
2. may not be used or occupied, in whole or in part, until the Building Official approves an occupancy permit for the structure.
102.13 to 102.14 {Reserved}
102.15 Compliance with Code required. No structure, premises, land, or equipment may be constructed, altered, added to, repaired, rehabilitated, demolished, moved, located, used, occupied, or maintained in violation of this Code.
102.15.1 Construction of structure. When constructed, every structure must be located so that it does not create a violation of this Code.
102.15.2 Relocation, etc., of lot lines, etc. No lot or property line may be moved or relocated and no lot or parcel of land may be subdivided in any way that creates a violation of this Code for any structure.
102.16 Compliance with other laws. To the extent applicable, all work must also comply with:
1. the Critical Area Management Program of Baltimore City,
2. the Baltimore City Forest and Tree Conservation Program,
3. the Baltimore City Sustainability Plan,
4. the Zoning Code of Baltimore City,
5. City Code Article 6 {“Historical and Architectural Preservation”},
6. any applicable Urban Renewal Plan,
7. the Department of Public Works’ rules and regulations governing:
a. stormwater management,
b. soil erosion and sediment control, and
c. discharges to the storm drain system,
8. the Department of Transportation’s rules and regulations governing:
a. encroachments into the public right-of-way,
b. developer’s agreements, and
c. blasting,
9. the Federal Americans with Disabilities Act,
10. the Maryland Accessibility Code,
11. the Floodplain Management Code, and
12. all other applicable laws, rules, and regulations of the United States, the State of Maryland, and the City of Baltimore.
Section 103 Department of Building Safety
103.1 Enforcement agency. This Code is administered and enforced by the Baltimore City Department of Housing and Community Development and its Commissioner. Accordingly, in this Code:
1. “Department of Building Safety” or “Department” means the Baltimore City Department of Housing and Community Development, and
2. “Building Official”, means the Commissioner of Housing and Community Development or an authorized representative of the Commissioner.
103.2 Appointment. {Not Adopted}
103.3 Deputies. {Not Adopted}
103.4 Employee restrictions. An officer or employee of the Department may not:
1. engage in or directly or indirectly be connected with the furnishing of labor, materials, or appliances or the preparation of plans or specifications for the construction, alteration, addition, repair, rehabilitation, demolition, moving, or maintenance of a structure, unless the officer or employee is the owner of the structure, or
2. engage in any work that conflicts with his or her official duties or with the interests of the Department.
Section 104 Duties and Powers of Building Official
104.1 General. Except as otherwise specifically provided by law, the Building Official:
1. administers and enforces all provisions of this Code and the provisions of all other ordinances, laws, or regulations relating to the matters provided for in this Code, and
2. may act on any question relative to the manner of and the materials to be used in the construction, alteration, addition, repair, rehabilitation, demolition, moving, location, use, occupancy, and maintenance of all structures and in the installation of equipment.
104.1.1 Interpretations, rules, and regulations. The Building Official may:
1. render interpretations of this Code, and
2. adopt rules and regulations to carry out this Code.
104.1.2 Filing rules and regulations. A copy of all rules and regulations adopted under this Code must be filed with the Department of Legislative Reference.
104.2 Applications and permits. {As in IBC}
104.2.1 Determination of substantially improved or substantially damaged existing structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition, or other improvement of existing structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes “substantial improvement” or repair of “substantial damage”, as defined in the Floodplain Management Code. If the Building Official determines that the proposed work does constitute “substantial improvement” or repair of “substantial damage”, the Building Official shall require the structure to meet the requirements of the Floodplain Management Code.
104.3 to 104.5 {As in IBC}
104.6 Right of entry. In the performance of his or her duties, the Building Official may enter any land, structure, or premises in the City to enforce this Code, at any reasonable time or, in an emergency that might endanger public health or safety, at any time.
104.6.1 Entry without notice or warrant. Neither a search warrant nor prior notice is needed in any of the following circumstances:
1. if entry is by permission or at the request of an occupant of the land, structure, or premises or a person with apparent right of possession,
2. if the land, structure, or premises is open and accessible to members of the general public,
3. if the Building Official reasonably believes that an imminent danger to health or safety exists or might exist, or
4. immediately after an accident or disaster that causes the Building Official to believe that immediate entry is necessary for investigative purposes or to protect property or public health or safety.
104.6.2 Authority to seek warrant. Where appropriate, the Building Official may seek a search warrant to enter any land, structure, or premises in the City to make an inspection or to take any other authorized action to administer and enforce:
1. this Code (including the standards and codes incorporated in it), or
2. any of the following (collectively “related laws”):
a. the Health Code of Baltimore City,
b. the Zoning Code of Baltimore City,
c. an Urban Renewal Plan,
d. City Code Article 6 {“Historical and Architectural Preservation”}, or
e. any other related statute, ordinance, rule, or regulation for the protection of the health and safety of the residents of Baltimore City.
104.6.3 Warrant after prior notice. Before the Building Official may apply for a warrant to make a routine inspection or spot check to determine if a violation exists, the Building Official must give prior notice of his or her intent to the occupant or other person with apparent right of possession or, in the case of an unoccupied structure or premises, to the owner, the owner’s agent, or other person in apparent control of the structure or premises.
104.6.3.1 Contents of notice. The notice must:
1. state the date and time at which the Building Official will be present to make the inspection or spot check, and
2. inform the person notified that he or she may reschedule the inspection or spot check to a reasonable date and time by contacting the Building Official before the stated date.
104.6.3.2 Service of notice - Occupied property. If the structure or premises is occupied, the notice must be either:
1. mailed or delivered to the occupant or person with apparent right of possession, or
2. posted conspicuously at or near the entrance to the structure or premises.
104.6.3.3 Service of notice - Unoccupied property. If the structure or premises is unoccupied, the notice must be mailed or delivered to the last-known address of the owner, agent, or other person in apparent control.
104.6.3.4 Obtaining warrant. After notice has been given, if the person notified fails to arrange for, denies, or unduly delays the entry, the Building Official may apply to a court of competent jurisdiction for a search warrant to authorize entry for the inspection or spot check.
104.6.3.5 Probable cause. Probable cause for a search warrant under this § 104.6.3 exists if:
1. the notice required by this § 104.6.3 has been given, and
2. the inspection is:
a. a spot check made at random or restricted to a few sample structures or premises in a designated area to determine if a building-by-building survey is necessary,
b. a routine inspection based on a general administrative plan for the enforcement of this Code or any related law, or
c. a routine inspection to determine compliance with a notice or order issued under § 123 {“Notices”} of this Code.
104.6.4 Warrant without prior notice. The Building Official may apply for a search warrant to enter a structure or premises without giving the prior notice otherwise required by § 104.6.3, if there is probable cause to believe that a violation of this Code or a related law exists in the structure or on the premises.
104.6.4.1 Probable cause. Probable cause for a search warrant under this § 104.6.4 includes, among other appropriate circumstances, the following:
1. the inspection is to identify lead-based hazards in a dwelling unit that is the last-reported address of a child who, by notice from a health care provider or the State Department of the Environment to the Building Official or the Health Commissioner, is reported to have been diagnosed with a venous blood-lead level of [15] 5 micrograms per deciliter or more, or
2. untreated lead-based paint hazards have been found in a unit of a multiple-family dwelling in which a child who has been diagnosed with a venous blood-lead level of [15] 5 micrograms per deciliter or more resides and entry is needed to other units of the dwelling to determine compliance with law.
104.6.5 Application for warrant. The application for a search warrant must be:
1. signed and sworn to by the Building Official, and
2. accompanied by an affidavit containing facts within the personal knowledge of the affiant:
a. that probable cause for issuance of a search warrant exists, and
b. in cases where prior notice is required, that notice has been given and entry has not been arranged for or has been denied or unduly delayed by the person notified.
104.6.6 Contents of warrant. The search warrant must name or describe, with reasonable particularity:
1. the place to be inspected,
2. the reason for the inspection, and
3. the name of the applicant on whose written application the warrant was issued.
104.6.7 Execution of warrant. An inspection under the search warrant must be made within 15 days of the date the warrant was issued. At the end of that 15-day period, the warrant is void.
104.6.8 Dwelling units. Except as provided in § 104.6.8.1, no inspector who gains entrance to a dwelling for the purpose of enforcing this Code or any related law may obtain or furnish evidence of, or testify to, any offense other than violations of this Code or of any related law.
104.6.8.1 Exception. The limitations of § 104.6.8 do not apply to:
1. a felony, or
2. a misdemeanor involving an act of violence and committed in the inspector’s presence.
104.7 Department records. {As in IBC}
104.8 Liability. {Not Adopted. See State Courts Article § 5-302.}
104.9 Approved materials and equipment. {As in IBC}
104.10 Modifications. {As in IBC}
104.10.1 Flood hazard areas. {Not Adopted}
{Editor’s Note: For the establishment of Regulated Flood Hazard Areas and the special regulations and limitations governing development within those areas, see the Floodplain Management Code, City Code Article 7 {“Natural Resources”}, Division I {“Floodplain Management”}.}
104.11 Alternative materials and methods. The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, as long as that alternative has been approved. An alternative material or method of construction may be approved if the Building Official finds in writing that, for the purpose intended:
1. the proposed alternative is satisfactory and complies with the intent of this Code, and
2. the material, method, or work offered is at least the equivalent of that prescribed
in this Code in quality, strength, effectiveness, fire resistance, durability, and safety.
104.11.1 Research reports. {As in IBC}
104.11.2 Tests. {As in IBC}
Section 105 Permits
105.1 Required. A permit issued by the Building Official is required before any person may do any of the following work:
1. construct, alter, add to, repair, rehabilitate, demolish, or move any structure,
2. change the use of any structure or land,
3. install or alter any equipment subject to this Code,
4. move a lot line that affects any structure,
5. perform any grading or excavating, [or]
6. undertake, cause, or allow any addition, alteration or other action described in either of the following provisions of City Code Article 6 {“Historical and Architectural Preservation”}:
a. § 8-2(a) {“Building permit required: Exterior structures”}, describing actions for or with respect to any structure:
i. within an Historical and Architectural Preservation District,
ii. on the Landmark List: Exteriors, or
iii. on the potential-Landmark List: Exteriors, or
b. § 8-2(b) {“Building permit required: Public interiors”}, describing actions for or with respect to any structure:
i. on the Landmark List: Public Interiors; or
ii. on the potential-Landmark List: Public Interiors[.]; or
7. on transfer of ownership or operation of property, continue any of the following uses, as defined in City Code Article 32 {“Zoning”}:
a. banquet hall,
b. body art establishment,
c. carry-out food shop;
d. day-care center: adult or child,
e. drive-through facility;
f. entertainment: live or indoor,
g. gas station,
h health-care clinic,
i. lodge or social club,
j. lounge,
k. pawn shop,
l. personal services establishment,
m. restaurant,
n. retail goods establishment - with our without alcoholic beverage sales, or
o. tavern.
105.1.1 Annual permit. {As in IBC}
105.1.2 Annual permit records. {As in IBC}
105.1.3 By whom application to be made. Except as otherwise specified in Chapter 27 {“Electrical”}, Chapter 28 {“Mechanical Systems”}, and Chapter 29 {“Plumbing Systems”}, the application for a permit must be made as follows:
1. for a demolition or moving permit, by the owner of the property to be demolished or moved,
2. for a permit to remove formstone, paint, or other material from exterior surfaces, by the licensed contractor employed to do the proposed work,
3. for a permit to do work involving underpinning or a retaining foundation wall, by the licensed contractor employed to do the proposed work, and
4. for all other permits, by:
a. the owner or lessee of the structure,
b. the agent of the owner or lessee, or
c. the licensed engineer or architect employed in connection with the proposed work.
105.1.4 Work done without permit. A person who does any work without a permit, or outside or beyond the scope of a permit, or in a manner inconsistent with plans or drawings approved as part of a permit application, or after a permit is revoked for any reason, must obtain a permit for that work, even if already completed, and pay the appropriate permit fee and penalty surcharge.
105.1.5 Special professional services. In addition to and without limiting any other requirements of or authority granted by this Code, the Building Official may require, as a term or condition of a permit, that a registered design professional or other licensed specialist or expert perform specific work or sign and seal specific plans, computations, specifications, or statements.
105.2 Work exempt from permit. An exemption from the permit requirements of this Code does not authorize any work to be done in a manner that violates a provision of this Code or of any other law. Permits are not required for the following:
Building:
1. to 4. {Not Adopted}
5. {As in IBC}
6. {Not Adopted}
7. Interior painting, papering, tiling, carpeting, cabinets, counter tops, and similar interior finish work.
8. {Not Adopted}
9. {As in IBC}
10. Shade cloth or plastic film structures, commonly known as “hoophouses”, constructed for nursery or agricultural purposes. not including service systems. The covering of the structure must be a material that conforms to NFPA 701 standards.
11. {As in IBC}
12. {Not Adopted}
13. {As in IBC}
14. Removal of debris, except in cases of interior or exterior demolition.
15. Boarding exterior openings with plywood.
16. Minor repair or patching of drywall or plaster.
17. Replacing roof shingles.
18. Replacing roof tarring.
19. Installing a temporary door on a structure subject to a vacant building notice.
Electrical:
Repairs and maintenance: {As in IBC}
Radio and television transmitting stations: {Not Adopted}
Temporary Testing Systems: {As in IBC}
Gas: {Not Adopted}
Mechanical: {Not Adopted}
Plumbing: {As in IBC}
105.2.1 Emergency repairs. {As in IBC}
105.2.2 [105.2.3] Public service agencies. {As in IBC}
105.3 Application for permit. To obtain a permit, the applicant must first file an application on the form provided by the Building Official for that purpose. The application must:
1. identify and describe the work to be covered under the permit,
2. describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work,
3. indicate the use and occupancy for which the proposed work is intended,
4. specify the gross floor area, as defined in Baltimore City Zoning Code § 1-306(j) {“Floor Area: Gross (GFA)”}, involved in the proposed work,
5. specify the number of dwelling units, if any, involved in the proposed work,
6. be accompanied by the construction documents and other information required by § 107 {“Submittal Documents”} of this Code, and
7. if the property is located within an Historical and Architectural Preservation District or included on the City’s Landmark List or Potential-Landmark List, be forwarded to the Commission for Historical and Architectural Preservation, for review and action under City Code Article 6 {“Historical and Architectural Preservation”}, Subtitle 8 {“Alterations, etc., to or Affecting Properties”},
8. state the valuation of the proposed work,
9. if the proposed work will replace any existing structure, be accompanied by photographs that depict the existing conditions and existing structures on the site,
10. identify the parties by providing:
a. the full names, phone numbers, addresses, and (if available) email addresses of the owner, lessee, and applicant,
b. the full name, phone number, address, and (if available) email address of a person who can be contacted at all times in case of an emergency, and
c. if the owner, lessee, or applicant is a corporation, partnership, limited liability company, or other entity, full names, phone numbers, addresses, and (if available) email addresses of its officers, partners, or members, as the case may be,
11. provide any other data and information that the Building Official requires,
12. be signed by the applicant, or the applicant’s authorized agent, and
13. if signed by an agent, be accompanied by:
a. proof of agency, and
b. proof of the agent’s identity, by copy or presentation of a valid Maryland driver’s license or other Maryland identification.
105.3.1 Action on application.
105.3.1.1 General. The Building Official must examine all applications for permits within a reasonable time after filing. If the application or the proposed work does not conform to the requirements of this Code or any other applicable law, the Building Official must reject the application in writing, stating the reasons for the rejection. If the Building Official is satisfied that the application and the proposed work conform to the requirements of this Code and all other applicable laws, the Building Official must issue the permit as soon as practicable.
105.3.1.2 Referral to assess need for traffic mitigation. Within 15 business days of receiving a completed application, the Building Official must refer the application and all accompanying documents to the Director of Transportation, for review and action under Chapter 38 {“Traffic Impact and Mitigation”} of this Code, if:
1. traffic mitigation requirements for the proposed work have not already been complied with in accordance with this Code or the Baltimore City Zoning Code; and
2. the proposed work:
a. is in a Traffic-Mitigation Zone designated under Chapter 38 {“Traffic Impact and Mitigation”} of this Code and involves 10 or more dwelling units,
b. involves 15,000 sq. ft. or more of gross floor area (as defined in Baltimore City Zoning Code § 1-306(j)), or
c. involves 50 or more dwelling units.
105.3.2 Time limitation of application. {As in IBC}
105.3.3 Bond for exterior removal of formstone, paint, etc. An application for a permit to remove formstone, paint, or other material from exterior surfaces must be accompanied by evidence satisfactory to the Building Official that the applicant has obtained a bond to cover the City’s expense in the event of a spill or failure to properly dispose of hazardous waste. The bond must be in an amount of at least $10,000.
105.4 Validity of permit. {As in IBC}
105.5 Expiration; extension; reinstatement for final inspection. Unless an extension is granted, every permit expires and becomes invalid on the expiration date specified on the permit or, if earlier, as provided in this § 105.5.
105.5.1 Expiration - General. Except as specified in § 105.5.2, a permit expires if:
1. the work authorized by the permit is not begun on the site within 180 days after the permit is issued, or
2. the work authorized by the permit is abandoned or suspended on the site for 180 days or more.
105.5.2 Expiration - Condemnation, demolition. A permit issued to comply with a condemnation notice served under § 123 {“Notices”} of this Code or to comply with a demolition order issued under § 116 {“Unsafe Structures”} of this Code expires if:
1. the work authorized by the permit is not begun on the site within 30 days after the permit is issued, or
2. the work authorized by the permit is not completed within 90 days after the permit is issued.
105.5.3 {Reserved}
105.5.4 Extensions - General. On a timely written application and for justifiable cause demonstrated, the Building Official may grant 1 or more extensions. Except as specified in § 105.5.5:
1. the application for an extension must be made within 60 days after the permit expires, and
2. each extension is limited to a period of not more than 180 days, unless otherwise authorized by the Building Official.
105.5.5 Extensions - Condemnation, demolition. For a permit issued to comply with a condemnation notice or a demolition order:
1. the application for an extension must be made before the permit expires, and
2. each extension must be limited to a period of not more than 90 days.
105.5.6 Reinstatement for final inspection. An expired permit may be reinstated by the Building Official for a final inspection if:
1. the application for reinstatement is made within 3 years of the permit’s expiration;
2. all rough-in inspections were completed and approved by the Building Official; and
3. all of the work is complete.
105.5.7 Compliance with violation notice or order. The expiration date of a permit does not in any way extend the time required to comply with a violation notice or order.
105.6 Suspension or revocation. The Building Official may suspend or revoke a permit issued under this Code if:
1. the work is being done in violation of the permit, of this Code, or of any other applicable law or regulation, [or]
2. the permit was issued:
a. in error or on the basis of incorrect, inaccurate, or incomplete information, or
b. in violation of this Code or of any other law or regulation[.]; or
3. any Federal, State, or City agency suspends or revokes any license or takes any other action that diminishes the ability to use any portion of the property in any way for which the permit was granted under this Code.
105.7 Placement of permit. {As in IBC}
105.8 Separate structures. Whenever work is being done on two or more independent structures on the same property, a separate permit is required for each independent structure.
105.9 Special requirements for demolition or moving.
105.9.1 Pre-permit requirements. A permit may not be granted for demolishing or moving a structure unless the applicant complies with the following.
105.9.1.1 Inspector consultation. The applicant must have attended an on-site, pre-demolition or pre-moving inspector consultation to discuss and confirm:
1. appropriate hosing/wetting requirements and procedures,
2. notification requirements, and
3. any other matters the Building Official requires.
105.9.1.2 Written notice to adjoining owners, etc. The applicant must have given written notice to:
1. the owners of all properties that [immediately adjoin the property] are physically attached to the structure subject to demolition or moving, and
2. the owners of any wired or other facilities that might have to be temporarily removed because of the proposed work.
105.9.1.2.1 Contents of notice. The written notice must:
1. indicate the intent to demolish or move the structure,
2. specify when the work is expected to begin,
3. identify the contractor scheduled to perform the demolition or
moving, and
4. provide the full name, phone number, address, and (if available) email address of an agent of the contractor who can be reached at all times in case of an emergency.
105.9.2 Pre-demolition, moving requirements. Before beginning any demolition or moving operations, the permit holder must comply with the following.
105.9.2.1 Posted notice. Public notice of the demolition or moving must be posted on the premises at