Chapter 97, CONSTRUCTION CODES

[HISTORY: Adopted 11/10/98 by Ord. No. 52-D. Amendments noted where applicable.]

ARTICLE I, Title; Adoption of Codes   97-7.1. Energy Code amendments.
97-1. Adoption of standards by reference.   97-7.2. Plumbing Code amendments.
97-2. Title.   ARTICLE III, Violations and Penalties; Unlawful Continuance
97-3. Construction of words; administrative provisions.   97-8. Violations and penalties.
ARTICLE II, Amendments to Codes   97-9. Unlawful continuance.
97-4. Building Code amendments.   97-10. Citations and enforcement.
97-5. Electrical Code amendments.   ARTICLE IV, Miscellaneous Provisions
97-6. Residential Code amendments.   97-11. Conflicts among codes
97-7. Mechanical Code amendments.   97-12. Official texts.

ARTICLE I, Title; Adoption of Codes

97-1. Adoption of standards by reference.

[Amended 01/03/02 by Ord. No. 02-01; 12/22/04 by Ord. No. 04-25; 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]  

The following documents and codes are hereby adopted by reference:

A.  The International Building Code 2009 Edition, as published by the International Code Council, Inc., as amended by the Maryland Building Performance Standards.

B.  NFPA Fire Prevention Code, 2009 Edition, as amended by the Maryland State Fire Code. [Replaces ICC Fire Code.]

C.  International Mechanical Code, 2009 Edition.

D.  International Energy Conservation Code, 2009 Edition.

E.  International Residential Code, One and Two Family Dwelling Code, 2009 Edition.

F.  NFPA 101 Life Safety Code, 2009 Edition, as amended by the Maryland State Fire Code.

G.  National Standard Plumbing Code Illustrated 2009 Edition.

H.  NFPA 70 National Electrical Code, 2008 Edition. [Replaces ICC, International Electrical Code.] 

I.   2009 International Existing Building Code.

J.   National Fuel Gas Code Z223.1, 2009 Edition. [Replaces ICC, International Fuel Gas Code.] 

K.  Maryland Accessibility Code, COMAR 05.02.02.  [Replaces ANSI A117.1.]

97-2. Title.

The short title of this chapter shall be "Carroll County Building Code."

97-3. Construction of words; administrative provisions.

[Amended 01/03/02 by Ord. No. 02-01; amended 02/25/10 by Ord. No. 2010-01]

Wherever the words "Name of Municipality" or "Name of Jurisdiction" appear in the Codes adopted pursuant to 97-1 hereof, substitute the words "Carroll County." The enforcement, and administration provisions of the codes adopted pursuant to 97-1 hereof shall be the same as the International Building Code 2009 Edition, as amended herein.

ARTICLE II, Amendments to Codes

97-4. Building Code amendments.

[Amended 01/03/02 by Ord. No. 02-01; 11/21/02 by Ord. No. 02-19; 12/22/04 by Ord. No. 04-25; 06/21/05 by Ord. No. 05-06; 04/19/07 by Ord. No. 07-06; amended 02/25/10 by Ord. No. 2010-01; 05/17/11 by Ord. No .2011-04] 

A. The International Building Code 2009 Edition is amended as follows:

(1) Amend Chapter 1, Section 103.1 to read:
"The Bureau of Permits and Inspections of Carroll County is hereby created, and the executive official in charge shall be known as the Code Official or the Chief of the Bureau of Permits and Inspections."

(2) Amend Chapter 1, Section 103.2 to read:
"The Code Official shall be a full-time employee who shall enjoy all the privileges afforded all such employees by Chapter 48, Personnel Policies of the Code of Public Local Laws and Ordinances of Carroll County."

(3) Amend Chapter 1, Section 104.4 Inspections, to read:
"The Code Official shall make all the required inspections, or the Code Official shall accept reports of inspection by approved agencies or individuals in the Code Official's discretion, and all reports of such inspections shall be in writing and certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise subject to the approval of the appointing authority. The Code Official shall resolve any ambiguity which may arise regarding any issue dealing with inspections, and said shall be final." [Amended 02/25/10 by Ord. No. 2010-01]

(4)

(a) Amend Chapter 1, Section 105.3 By whom application is made, to read:
"Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officers of a corporation, if the owner or lessee or applicant is a corporate body, shall be stated in the application. The application shall include the name, address and license number of the contractor. For purposes of this section, "contractor" shall mean the person who has contracted with the owner or the lessee of the property upon which the activity requiring the permit is to be performed. In addition, any person performing the work on the property, which work requires a license issued under the provisions of Article 56 of the Annotated Code of Maryland, or the Business Regulation Article of the Annotated Code of Maryland, shall be named and identified by license number for every such work so performed. If the owner in fee enters into a contract of sale for the property or otherwise transfers his or her interest in the property, after the application for a permit is made and before a Use and Occupancy is issued, then no modifications, amendments, or alterations to the building permit shall be authorized without the written consent of the contract purchaser."

(b) Delete Chapter 1, Section 105.1.2 in its entirety.

(5) Amend Chapter 1, to add Section 107.6 to read: 
107.6 Private sewage disposal system. The site plan shall indicate the location of the private sewage disposal system where a public sewer is not available. [Amended 02/25/10 by Ord. No. 2010-01]

(5.1) Amend Chapter 1, to add new subsection 107.2.5.2, Grading, to read: "Grading shall be done in accordance with Chapter 121 of the Code of Public Local Laws and Ordinances." [Amended 02/25/10 by Ord. No. 2010-01]

(6) Amend Chapter 1, Section 107 to add a new subsection to read:
107.7 Private water systems. If no public water supply is available and to be used, the site plan shall indicate the proposed location of a private well or wells which are to be installed to serve the property. [Amended 02/25/10 by Ord. No. 2010-01]

(7) Amend Chapter 1, Section 105.3.2 to read:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 6 months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued. The Code Official may extend the time limit noted herein for good cause shown for one additional 6 month period.

(8)  [Amended 02/25/10 by Ord. No. 2010-01]  Amend Chapter 1, Section 105.3 - APPLICATION FOR PERMITS, to add four new subsections:
Section 105.3.1.1 Prerequisites to issuance of permit.  No permit shall be issued under this code until all public works agreements required for the site have been executed by the Board of County Commissioners.

     Section 105.3.1.2 Prior to issuance of a building permit, a copy of all applications for building permits shall be furnished to any agency deemed necessary by the Code Official, the Zoning Administrator, the Carroll County Health Department, and the Supervisor of Assessments and any other agency deemed necessary by the Code Official. 
Section 105.3.1.3 All approvals by the offices or agencies specified in Section 105.3.1.2 above must be made prior to the general approval of a building permit by the Code Official. 
Section 105.3.1.4  Well requirements. No permit may be issued hereunder, other than a demolition permit, for property not served by a public water system, unless the property has located and installed upon it a lawfully constructed well.

(9) Amend Chapter 1, Section 105.5 to read:
"Cancellation of permit. Any permit issued shall become invalid and void if the period for which it was issued expires; or if the authorized work is not commenced within one year after issuance of the permit; or if the work has not been completed within 2 years of the date of issuance; or if there have been no inspections made of the authorized work within any 6 month period after the commencement of the work. The Code Official may extend the time limit noted herein for good cause shown for one additional 6 month period."

(9.1) Amend Chapter 1, Section 105.5.1 Renewal of Permits to read: "Any permit which expires pursuant to Section 105.5 may be renewed one time within 30 days after expiration for a fee equal to of the original building permit fee or the current fee, whichever is greater.

(10) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, to add new subsection 105.6 to read as follows:

"The Code Official shall revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or in case of a revocation of an approval by any agency or office whose approval is required pursuant to Section 105.3.1.2."

(11) Amend Chapter 1, Section 105.2 Work exempt from permit as follows:

(a) Delete subparagraph 1 One-story detached accessory structures and amend to read as follows: "Membrane covered cable structures and membrane covered frame structures, however these structures shall comply with the setbacks required by Chapter 223 of the Code of Public Local Laws and Ordinances, when they are an accessory to an R-3 use."

(b) Delete subparagraph 2 Fences.

(c) Amend No. 9 to read: "Storable swimming or wading pool -- those that are constructed on or above ground and are capable of holding water to a maximum depth of 42 inches, with non-metallic, molded polymer walls of inflatable fabric, regardless of dimension."[Added 04/19/07 by Ord. No. 07-06; amended 02/25/10 by Ord. No. 2010-01]

(d) Amend No. 12 to read: "Window awnings, retractable awnings that project from the exterior wall and do not require additional support of R-3 and U occupanices." [Added 04/19/07 by Ord. No. 07-06]

(12) Amend Chapter 1, Section 3303, DEMOLITION, to add two new subsections to read:
3303.7 Condition of property upon completion. In addition to any other reasonable conditions which the Code Official may impose upon a permit issued to demolish a structure, the permit shall be conditioned upon the complete disposal of all debris resulting from the demolition and a restoration of the site appropriate to grade with stabilized soil.
3303.8 Final inspection. Upon complete demolition of the structure, removal of debris and complete stabilization of the ground, the permit holder shall request a final inspection. If all work is satisfactorily completed, a certificate of completion shall be issued; if not, the permit holder shall satisfactorily complete the work within the time limit of the permit. If a certificate of completion is not issued in accordance herewith during the time authorized under the permit, the property owner and permit holder (if other than the property owner) shall be deemed in violation of the permit.

(13) Amend Chapter 1, Section 105 - PERMITS, to add 2 new subsections to read:
105.6.1 Withholding permits. Whenever the Code Official shall find that any person, corporation, LLC, partnership, contractor or owner is in violation of the provisions of this code or of the rules and regulations of any other department or agency of the County in connection with the erection, maintenance or repair of buildings, structures, lands or equipment thereon or therein, or has failed to perform any public works agreement between himself/herself and the County, the Code Official may refuse to grant any further permits to such person, corporation, LLC, partnership, contractor, or owner or the principals in the corporate entity in violation or any other person whose name is required on an application, until all violations have been corrected, or until satisfactory bond has been given to the Board of County Commissioners.
105.6.2 Withholding inspections. Whenever the Code Official shall find that any person, corporation, LLC, partnership, contractor or owner is in violation of the provisions of this code or of the rules and regulations of any other department or agency of the County in connection with erection, maintenance or repair of buildings, structures, lands or equipment thereon or therein, or has failed to perform any public works agreement between himself/herself and the County, the Code Official upon 15 days' notice may stop work on all active permits that the person, corporation, LLC, partnership, contractor, owner, or the principals of the corporate entity in violation or any other person whose name is required on an application, has outstanding until all violations have been corrected, or until satisfactory bond has been given to the Board of County Commissioners.

(14) [Amended 02/25/10 by Ord. No. 2010-01]  Amend Chapter 1, Section 109 - FEES to add new subsections to read:
109.4.1 Fees where construction started without a permit. If a person applies for a permit after having performed work without a permit, the permit fee may include the amount assessed as a fine, if not previously paid, and an additional $100.00 for the issuance of the permit and an additional $100.00 for each inspection which would have been required to have been made had the permit been issued before work began.
109.4.2 Fees where required inspections have been missed. If the person to whom the permit is issued fails to contact the Code Official for a required inspection, in addition to all other requirements of this code, a fine of an additional $100.00 may be assessed and required to be paid for each missed inspection before the issuance of a use and occupancy permit.
109.4.3 In addition to all other fees incurred, additional fees may be assessed for the extension of a permit application, an extension of a permit, or the issuance of a temporary use and occupancy permit.

(15) (Reserved) [Deleted 12/22/04 by Ord. No. 04-25]

(16) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 109.2, Fee schedule, to read:
"The Board of County Commissioners shall adopt a schedule for the determination of permit fees which shall be a part of the official minutes of the Board of County Commissioners, and such schedule shall be posted in the office of the Code Official at all times."

(17) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 109.2 to add two new subsections:
109.2.1 This Code is not intended to apply to buildings, structures or alterations or improvements thereto owned by the Board of County Commissioners of Carroll County, and no fees may be collected for such work. The Board of County Commissioners may apply for permits which would otherwise be required hereunder to reflect compliance with the safety features of these codes. If a question arises concerning the County's compliance with this Code, the Code Official shall immediately notify the Chief of Staff, who shall promptly arrange a meeting between the Code Official, any appropriate County officials and the using agency. If the issue is not then resolved, the Chief of Staff shall schedule a public meeting of those parties with the Board of County Commissioners. A building owned by the state, federal or town/city government is not subject to this code; however, any such government may apply without charge for inspection and approval of work on an informal basis.
109.2.2 Fees for issuance of building permits and certificates of occupancy shall not be required for utility structures with an area of 150 square feet or less.

(18) [Amended 02/25/10 by Ord. No. 2010-01; 06/10/10 by Ord. No. 2010-09]  Amend Chapter 1, Section 109.6, Refunds, to read:
"In the case of a revocation of a permit or cancellation of permit pursuant to Section 105 or abandonment or discontinuance of a building project, the portion of the work actually completed shall be computed, and any excess fee for the incomplete work shall be returned to the permit holder, within 30 days from date of cancellation. All plan examination, inspections, permit process fees, and penalties that have been imposed on the permit holder under the requirements of this code, and the applicable administrative refund fee shall first be collected."

(19) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 109 to add new subsection to read:
109.7 Moving of buildings. The fees for a permit for moving of buildings and/or the demolition of buildings shall be set forth on the fee schedule required in Section 108.2 hereof.

(20) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 110.3, Required inspections, to read:
"The Code Official shall conduct such inspections as deemed necessary by the Code Official during and upon completion of the work for which the Code Official has issued a permit. The Code Official shall maintain a record of all examinations and inspections and of all violations of this ordinance. The Code Official shall determine whether the owner shall provide for special inspections in accordance with Section 1704."

(21) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 110 to add a new subsection: 
110.3.1 Commercial buildings (Use Groups A, B, E, F, H, I, M, R-1, R-2, S), subject to Section 110.3, the following are required inspections:

(22) [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 110.5 to add a new paragraph to read:
110.5.1 [Amended 02/25/10 by Ord. No. 2010-01] The contractor whose name appears as such on the permit must notify the Bureau of Permits and Inspections and request the required inspection following each of the phases of construction.

1.  Footing trench/site inspection (in advance of pouring with steel in place).

2.  Walls.

a. Block after erected.

b. Concrete in advance of pouring with steel and form in place.

3.  Slabs: in advance of pouring.

4.  Plumbing ground work.

5.  Steel connections (certified by structural engineer when required by Code Official).

6.  Framing, rough plumbing, rough electrical wiring and insulation prior to close-in.

7.  Final.

110.5.2 Residential Buildings in Use Groups R-3 and R-4. [Amended 02/25/10 by Ord. No. 2010-01] Subject to Section 110.3 the following are required inspections: 

1.  Footing trench/site inspection (in advance of pouring).

2.  Walls, including parging on block and waterproofing. [Amended 04/19/07 by Ord. No. 07-06]

3.  Drain tile installed.

4.  Basement and habitable area on slab (in advance of pouring).

5.  Framing, rough plumbing, rough electrical wiring and insulation prior to close-in.

6.  Fireplace throat and wood stove thimble.

7.  Final.

110.5.3 Inspection requests.  [Amended 02/25/10 by Ord. No. 2010-01] Requests for inspections must be made at least one business day prior to the day on which the inspection requested is to be conducted. A request for inspection shall be made to the Bureau of Permits and Inspections Office. The contractor whose name appears as such on the permit must notify the Bureau of Permits and Inspections and request an inspection following each of the phases of construction. The contractor shall not proceed with the construction of the next phase unless the inspection for the prior phase has been completed and approved.

110.5.4 Reinspections.  [Amended 02/25/10 by Ord. No. 2010-01] A reinspection fee may be charged for each failed inspection.

(23) [Amended 02/25/10 by Ord. No. 2010-01]  Amend Chapter 1 to add new Section 110.7, Farm buildings:
110.7 Farm buildings.  Farm buildings for agricultural use shall require a building permit. "Farm building" shall include buildings whose primary use is to house farm animals, to house farm equipment or for farm storage. "Farm building" shall not include buildings whose primary purpose is the processing or marketing of farm goods for sale or distribution to the general public where such use requires the services of five or more persons inside the building for more than 90 days per year. Farm buildings shall be inspected for compliance with building, plumbing and electrical codes.

(24) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1 to add new Section 105.1, Sheds:
105.1.3 Sheds.  Utility and storage sheds of any size require a permit. For sheds of less than 150 square feet, no building plans are required; however, plot plans are required. Sheds must not be in drainage or utility easements or within 5 feet of a side or rear property line.

(25) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 114.1, Unlawful acts, to read:
114.1 Unlawful acts.  It shall be unlawful for any person to erect, construct, alter, extend, repair, remove, demolish, use or occupy any building or structure or equipment regulated by this Code, or to cause same to be done, in conflict with or in violation of any of the provisions of this Code.

(26) Delete Chapter 1, Section 114.4, Violation penalties. [Amended 02/25/10 by Ord. No. 2010-01]

(27) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(28) Amend Chapter 1, Section 110 to add the following sections:
111.1.1 Private road construction. [Amended 02/25/10 by Ord. No. 2010-01]

A.  All residential dwelling single use driveways shall be 10 feet wide with a minimum surface type of Crusher Run-6, 6 inches in depth, and shall not exceed a maximum driveway grade of 17%.

B.  All use-in-common driveways serving two or more residential lots recorded prior to April 23, 1963, may not exceed 1,250 feet in length from center line of a publicly maintained road, street or highway to the buildable area of any lot served. If the use-in-common driveway exceeds 500 feet in length, it shall include a vehicular pullover at or near the midpoint of the driveway and shall include a vehicular turnaround at or near the end of the driveway. The minimum surface type shall be 6 inches in depth densely graded stabilized aggregate (DGSA), 12 feet wide.  Paving shall extend to the limit of the use-in-common or to the end of the longest in-fee strip, whichever is greater.

NOTE: A minimum surface type of 3 inches bituminous concrete over 5 inches of DGSA base shall be required for the full length of the driveway where any of the following conditions exist:

(1) Driveway grades exceed 9% on any portion;

(2) Driveway length exceeds 1,000 feet;

(3) Number of users exceed 5;

(4) Where special modifications of typical sections are granted; or

(5) Development is in the R Zoning Districts.

111.1.2 Subdivision streets and driveway entrance provisions. [Amended 02/25/10 by Ord. No. 2010-01]

When a street is required to be constructed in accordance with subdivision regulations for Carroll County, no temporary or permanent use and occupancy permit shall be granted unless:

A.  The Carroll County Department of Public Works certifies that the grading and construction of the said street has been completed in accordance with the existing specifications; or

B.  The following conditions have been met:

(1) A bond or guaranty for the construction of the street has been given in the amount satisfactory to the County;

(2) A County-approved stone base has been installed and inspected to assure safe access; and 

(3) A road completion waiver has been requested of and approved by the Code Official.

     111.1.2.1 At the time an application is made for a building permit in Carroll County, an application shall be made for a driveway entrance to be constructed by the applicant or his or her contractor, agent or others, prior to the issuance of a certificate of use and occupancy by the Bureau of Permits and Inspections. A driveway entrance permit should be acquired prior to filing an application for a building permit. [Amended 02/25/10 by Ord. No. 2010-01]
111.1.2.2 In the event the driveway entrance has not been completed or is not in accordance with the specifications required, no certificate of use and occupancy or temporary certificate of use and occupancy shall be issued unless the applicant, the building contractor or the owner of the property shall post a suitable guaranty in the form of a cash payment, assignment of passbook or a letter of credit in an amount deemed sufficient by the Board of County Commissioners, and in a form approved by the County Attorney, guaranteeing the construction of the driveway to County or municipal standards within a period of 6 months from date of the acceptance of the guaranty by the County. In the event the driveway entrance is not completed within the 6 month period, the County may complete the construction on the County right-of-way utilizing the guaranty. Should the cost of construction exceed the amount of the guaranty, the owner of the property shall pay the additional costs to the County, plus an administrative fee of $500.00 within 30 days of notice to do so. If the costs of construction are less than the amount of the guaranty, the excess funds shall be forfeit to the County as part of the $500.00 administration fee. [Amended 02/25/10 by Ord. No. 2010-01]
111.1.2.3 Any person, firm or corporation who provides security set forth in Section 111.1.2.2 above shall complete an agreement and/or bond agreement which shall set forth an agreement to complete the driveway entrance in accordance with County's specifications for such construction and, in event of default, to permit the County to complete the work including proper tie-in of the entrance to the applicant or owner's property. [Amended 02/25/10 by Ord. No. 2010-01]

(29) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 111 by adding new text after Subsection 111.1.3 to read:
111.1.3 In the event final grading of the site has not been completed, or is not in accordance with Chapter 121, Grading, Erosion and Sediment Control, of the Code of Public Local Laws and Ordinances of Carroll County, the approved site plan and the Land Grading Specifications of the 1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control, no certificate of use and occupancy shall be issued. A temporary certificate of use and occupancy may be issued to the owner of the property upon presentation of suitable guaranties, as determined by the Code Official, guaranteeing the completion of the grading within a time specified by the Code Official.

(30) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 111 - CERTIFICATE OF USE AND OCCUPANCY, to add new text to read:
111.1.4 Prior to issuance of a use and occupancy permit all approvals by municipalities or other County or state agencies, where required, must be received by the Code Official. 
111.1.5 In the event landscaping is required and has not been completed, or is not in accordance with the Landscaping Manual for Carroll County, a suitable guaranty as determined under the public works agreement shall be verified, guaranteeing the completion of the landscaping in accordance with the public works agreement. 

(31) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 111.3, Temporary occupancy, to read:
"Upon the request of the holder of a permit, the Code Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the permit is completed, provided that such portion or portions may be occupied safely prior to full completion of the building or structure without endangering life or public welfare."

(32) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 111.2, Contents of certificate, to read:
"The Code Official shall issue a certificate of use and occupancy when all required final inspections have been completed and the work has been approved. The certificate shall certify compliance with the provisions of this code and the purpose for which the building or structure will be used in its several parts. The certificate of use and occupancy shall specify the use group, in accordance with the provisions of Chapter 3; the type of construction as defined in Chapter 6; and any special stipulations and conditions of the building permit and zoning certificate."

(33) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 116.5, Restoration, to read:
"Buildings existing prior to January 1, 1968, in which there is work involving repairs, alterations, restorations, additions or changes of use, shall be made to conform to the code by applying the requirements of the ICC Existing Building Code, or the provisions of Chapters 2 through 33 in the discretion of the owner, provided that safety is not detrimentally affected."

(33.1) Amend Chapter 1, Section 116.1 by adding a new sentence to the end to read: "An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupant in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible." [Amended 02/25/10 by Ord. No. 2010-01]

(34) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 116.1.1, Costs of emergency repairs, to read:
"Costs incurred in the performance of the emergency work shall be paid by and be the responsibility of the property owner. If the property owner is unwilling or unable to make such payment, then the payment may be made on behalf of the property owner from the treasury of the jurisdiction. All charges paid by the local jurisdiction shall be due when incurred, and after 30 days from the date due shall bear interests at the rate of 1% per month until paid. All payments and costs incurred by the jurisdiction shall be liens upon the real property. In addition to being enforced by actions at law, the County Tax Collector may sell the real property of the delinquent property owner in the same manner as other properties sold at tax sale."

(34.1) [Amended 02/25/10 by Ord. No. 2010-01] Amend Code by adding to Chapter 1 a new Section 117 captioned "Demolition" as follows:

Section 117 DEMOLITION

117.1 General. The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure:

a.  To demolish and remove such structure;

b.  If such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or

c.  Where there has been a cessation of normal construction of any structure for a period of more than 2 years, to demolish and remove such structure.

117.2 Notices and orders. All notices and orders shall comply with Section 114. [Amended 02/25/10 by Ord. No. 2010-01]

117.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with 3-108 of the Code of Public Local Laws.

117.4 Salvage materials. When any structure has been ordered demolished and removed, the Code Official under the contract or arrangement specified in subsection 117.3 shall have the right to sell the salvage and valuable materials at the highest price obtained. The net proceeds of such sale, after deducting the expenses of the demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such surplus does not remain to be turned over, the report shall so state. [Amended 02/25/10 by Ord. No. 2010-01]

(35) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 113.1, Board of Appeals, to read:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the applications or interpretations of this Code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be the Board of County Commissioners of Carroll County or not less than 3 persons whom the Board of County Commissioners of Carroll County may designate. 

(36) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 113.4, to read:
113.4 Filing fees. Any person filing an appeal shall include a nonrefundable filing fee of $150.00.

(37) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.5 to read:
113.5 Time for filing appeal. An appeal shall be filed within 30 days of the date of the written notice provided by the Code Official of the decision.

(38) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.6 to read:
113.6 Notice of meeting. The Board, if the Board of County Commissioners, shall meet at its regular meeting day upon notice of the President promptly after the filing of an appeal. If the Board is not the Board of County Commissioners, it shall meet within a reasonable time of the filing of an appeal or at stated periodic meetings if warranted by the volume of work.

(39) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 113, Board of Appeals, to add new subsection 113.7 to read :
113.7 Postponed hearing. When all 3 members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to a postponement of the hearing until all members can be present.

(40) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.8 to read:
113.8 Board decision. The Board shall affirm, modify or reverse the decision of the Code Official by concurring vote of a majority of the Board. Failure to secure a majority vote of the Board in support of the appellant shall be a confirmation of the Code Official's decision. The Board may assess the costs of the appeal against any party to the appeal.

(41) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 1, Section 113, Board of Appeals, to add a new subsection 113.9 to read:
113.9 Court review. Any aggrieved person, whether a previous party to the appeal, shall have the right of an appeal to a court of competent jurisdiction for judicial review of the decision of the Board. The decision shall be on the record. The appeal to the court shall be filed within 30 days of the decision of the Board and shall be governed by Chapter 200 of Title 7 of the Maryland Rules entitled Judicial Review of Administrative Agency Decisions.

(42) Amend Chapter 3, Section 305.2, Day care facilities, to read:
"A day-care facility which provides care of more than 8 persons who are more than 2 years of age for less than 24 hours per day shall be classified as Use Group E."

(43) (Reserved) [Deleted 12/22/04 by Ord. No. 04-25]

(44) (Reserved) [Deleted 12/22/04 by Ord. No. 04-25]

(45) Amend Chapter 3, subsection 308.5.2 to read:
308.5.2 Child care facility. A facility that provides supervision and personal care on less than a 24-hour basis for more than 8 children 2 years of age or less shall be classified as Group I-4.
Exception: A child care facility that provides care for more than 8 but no more than 100 children 2 years of age or less, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.

(46) Amend Chapter 3, Section 312.1 - USE GROUP U, UTILITY AND MISCELLANEOUS USES, to read:
312.1 General.  Buildings and structures of an accessory character and miscellaneous structures not classified in any specific use group shall be constructed, equipped and maintained to meet the requirements of this code commensurate with the fire and life hazard incidental to their use. Utility and miscellaneous uses shall include tanks, cooling towers, retaining walls and buildings, such as private garages, carports, sheds and agricultural buildings.

(47) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 5, Table 508.4, to add a new footnote G to read:
"Tenant Separation - All tenant spaces in a non-sprinklered commercial building shall be separated by a one hour fire resistance rated wall." [Amended 02/25/10 by Ord. No. 2010-01]

(47.1) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(48) Amend Chapter 9, Section 903.3.5, by deleting the last sentence and replacing with:
"The potable water supply shall be protected against backflow in accordance with the requirements of the National Standard Plumbing Code Illustrated 2009 as supplemented." [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

(48.1) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01] 

(49) Amend Chapter 11, Section 1101.1 to read:
"Scope: The provisions of this chapter shall control the design and construction of facilities for accessibility to physically disabled persons. Facilities that comply with the Maryland Accessibility Law, COMAR 05.02.02 will be considered accessible and any reference to ANSI A117.1 shall mean COMAR 05.02.02."

(49.1) Amend Chapter 16, Section 1607, Live Loads, by adding the following language to the end of the paragraph in subsection 1607.9:

"Exception: Live load reduction shall not be allowed on flat or curved roofs." [Amended 02/25/10 by Ord. No. 2010-01]

(49.2) Amend Chapter 16, Section 1608, Snow Loads, by deleting the following language at the end of the paragraph in subsection 1608.2 and replacingit with the following sentence:
"Exception: Flat, pitched, or curved roofs shall be designed for a minimum load of 30 PSF, with no reductions allowed for flat or curved roofs."All roofs shall be designed for a minimum snow load of 30 PSF and for unbalanced snow loads, with no reductions allowed. [Amended 02/25/10 by Ord. No. 2010-01; 05/17/11 by Ord. No. 2011-04]

(50) Amend Chapter 18, Section 1805.2.1 to read:
"Frost protection: Except where exempted by the Code Official or erected upon solid rock or otherwise protected from frost, foundation walls, piers, and other permanent supports of all buildings and structures shall extend to the frost line, which is 30 inches below grade and spread footings of adequate size shall be provided where necessary to distribute properly the load within the allowable load bearing value of the soil. Alternatively, such structures shall be supported on piles where earth or rock is not available. Footings shall not bear on frozen soils."

(51) Amend Chapter 18, Section 1805.4.2.3 to read:
"Plain concrete: In plain concrete footings, the edge thickness shall not be less than 8 inches (203 mm) for footings on soil."

(52) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 18 to add new Section 1804.3.1 to read:
"Safety features: In the event that extreme grade conditions exist, the Code Official may require that appropriate safety devices (e.g., fences, guardrails, retaining walls, etc.) be installed."

(53) Delete Chapter 27, Electrical and adopt in its place the NFPA70 National Electrical Code, 2008 Edition. [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

(54) Delete Chapter 29, Plumbing Systems and adopt in its place the National Standard Plumbing Code Illustrated 2009, and amended by 97-7.2 of the Code of Public Local Laws and Ordinances of Carroll County. [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

(55) Amend definition 3102 membrane covered frame structures to read:  "A non-pressurized building wherein the structure is composed of a rigid framework to support a tension membrane, or metal, which provides a weather barrier." [Added 04/19/07 by Ord. No. 07-06]

(55.1) Amend Chapter 31, Section 3103.1 General, to read:
"The provisions of this section shall apply to tents, membrane structures, and other structures erected or intended to be erected for more than 7 consecutive days and less than 180 days. Such structures shall be governed by the Maryland State Fire Codes. Those structures erected for a longer period of time shall comply with Section 3102 or with all applicable sections of this code where Section 3102 is not applicable."

(56)  (Reserved) [Deleted 12/22/04 by Ord. No. 04-25]

(57) Add new Chapter 36, UNDERGROUND FUEL STORAGE TANK PERMIT REQUIREMENTS, to read:

CHAPTER 36
Section 3600.0 UNDERGROUND FUEL STORAGE TANK PERMIT REQUIREMENTS

1. Any person who installs, removes or abandons an underground gasoline or fuel storage tank shall obtain a permit from the Carroll County Bureau of Permits and Inspections before installing, removing or abandoning said tank.

2. The requirements of the current Maryland Fire Prevention Code shall apply.

(58) Add new Chapter 37, DISPLAY OF ADDRESS, to read:

Section 3700.0 GENERAL

Section 3700.1. Single family detached or attached residential structures shall display, facing the street, numerals at least 3 inches in height designating the address assigned to the structure by the Bureau of Permits and Inspections. Nonresidential or multifamily residential structures shall display, facing the street and at all entrances facing parking areas, numerals at least 6 inches in height designating the address assigned to the structure by the Bureau of Permits and Inspections. All address displays shall be posted on contrasting background displayed in a conspicuous place and in a manner as to be clearly visible from the nearest street, except that displays required at entrances facing parking areas shall be clearly visible from such parking areas.

(59) [Amended 04/01/04 by Ord. No. 04-09; 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]  Add new Chapter 38 to read as follows and add the following text to that chapter with the sections indicated:

CHAPTER 38
FLOODPLAIN AND STORM DRAINAGE AREAS SUBJECT
TO FLOODING BY SURFACE WATERS OR RUNNING STREAMS

Section 3800.1. Delineation of the floodplain. At a minimum, the Flood Insurance Study (FIS), Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Maps (FBFM) issued by the Federal Emergency Management Agency (FEMA) dated February 1, 1978, including amendments and revisions thereto, for Carroll County will be used to delineate the 100 year FEMA floodplain. The County also adopts the FIS, FIRMs and FBFMs for the Towns of Hampstead, New Windsor, Sykesville, Union Bridge, and for the City of Westminster dated January 7, 1983, February 16, 1979, October 10, 1980, August 1, 1977, and October 10, 1980, respectively, as well as amendments and revisions thereto and any new FEMA maps created for the Towns of Mt. Airy or Manchester, wherein this code will apply and will be administered by Carroll County. The FIS, FIRM, and FBFM shall be used to guide the Code Official or any other individual in determining the relative location of proposed building or development with respect to FEMA mapped streams, floodplains, or floodways. If building or development is proposed in a contested FEMA or unmapped floodplain, the floodplain shall be delineated in accordance with Chapter 114. [Amended 04/19/07 by Ord. No. 07-06]

Section 3800.2. Requirements for a permit for construction of buildings in floodplains. Construction of buildings in the floodplain is prohibited unless a variance is granted pursuant to Section 3800.10 of this chapter. Any person granted a variance for a building shall obtain a permit and be in full conformance with all provisions of this Chapter 97, Construction Codes. All necessary state and federal permits shall be obtained before any construction may proceed. Manufactured homes will not be granted a variance to be located in the floodplain. Recreational vehicles may not occupy a site for more than 180 days out of the year and shall be fully licensed and ready for highway use to be allowed seasonally in the FEMA floodplain. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

Section 3800.3. Development in the FEMA floodway or floodplain. Neither a permit nor a variance shall be granted for any building or fill in the floodway which will result in any increase in water surface elevations during the base flood. New buildings and fill are prohibited.

Section 3800.4. Existing buildings in the FEMA floodway or floodplain. Existing buildings in the floodway are nonconforming with respect to this chapter only and shall be substantially improved only if they can be brought into conformance with this Chapter 38 without increasing the footprint. Minor additions (less than substantial improvement) shall be elevated at least 2 feet above the elevation of the base flood on pilings or columns. In the event of substantial damage or repetitive loss, the applicant shall submit an alternative analysis to demonstrate that the building cannot be moved out of the floodway. If a building is replaced in the floodway, it shall be limited to the footprint of the previous building.

Section 3800.5. Construction requirements in the floodway fringe and floodplain. All buildings shall be oriented so as to offer the least resistance to the flow of flood waters. Materials which are buoyant, flammable, explosive, hazardous to health, or which at times of flooding may be injurious to human, animal, or plant life, shall not be stored less than two feet above the elevation of the 100 year flood. All buildings shall be firmly anchored in accordance with acceptable engineering practices to prevent flotation, collapse, and lateral movement during flooding. All air ducts, large pipes, and storage tanks located below two feet above the elevation of the base flood shall be firmly anchored to resist flotation.

Section 3800.5.1. Elevation requirement. All new or substantially improved buildings or repair or reconstruction of repetitive loss shall have the lowest floor elevated 2 feet above the elevation of the base flood. Basements are not permitted. Less than substantial horizontal additions shall be elevated 2 feet above the elevation of the base flood. The elevation of the lowest floor shall be certified by a registered professional engineer or surveyor on the elevation certificate form provided by the Code Official. Enclosures below 2 feet above the elevation of the base flood shall be constructed with water equalizing vents to meet the specifications of Section 3800.5.2.

Section 3800.5.2. Venting requirement. Buildings which have been elevated but have fully enclosed foundation areas below 2 feet above the elevation of the base flood shall be constructed with water-equalizing vents. This also includes attached garages and accessory buildings which are not fully elevated. These areas below flood level shall be used solely for parking of vehicles, storage, or access to the building. A nonconversion agreement shall be completed in these cases. The vents shall meet or exceed the following standards:

a.   A minimum of 2 openings on different walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.  The bottoms of all openings shall be no more than one foot above grade; and

c.   Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters to equalize hydrostatic forces on the walls.

Section 3800.5.3. Utilities.

a.  Electric. All electric utilities to the building side of the meter are regulated by this Chapter 97, Construction Codes, and shall be elevated a minimum of 3 feet above the base flood elevation. Distribution panel boxes shall be a minimum of 3 feet above the lowest floor. All outlets and electric installations, such as heat pumps, air conditioners, water heaters, furnaces, generators, and distribution systems including duct work, shall be installed a minimum of 2 feet above the elevation of the base flood.

 b. Plumbing. Toilets, sinks, showers, water heaters, pressure tanks, furnaces, and other permanent plumbing installations shall be installed 2 feet above the elevation of the base flood.

 c. Gas. Meters, distribution lines, and gas appliances shall be installed 2 feet above the elevation of the base flood.

 d. Fuel tanks. All propane tanks installed in the floodplain are required to be anchored to prevent flotation in accordance with the National Fire Protection Association Code 58, 3-2.2.7(h) which states: "Where necessary to prevent flotation due to possible high flood waters around aboveground or mounded containers, or high water table for those underground and partially underground, containers shall be secured." This chapter also requires that all tanks installed in floodplain areas be either elevated or adequately anchored to prevent flotation up to the FPE. All fuel oil storage tanks installed in the floodplain shall be either elevated or securely anchored to prevent flotation up to the FPE. Vent pipes shall extend to or above the FPE and fill caps below the FPE shall be screw type with a tight fitting gasket to prevent mixing of water with oil.

 e. Water supply and waste disposal facilities. Distribution and disposal collection facilities shall be designed to minimize or eliminate the infiltration of flood waters into the systems or discharges from the systems into flood waters.

Section 3800.6. Sewers and wells. New individual sewage systems, whether public or private, shall be prohibited from being located within the floodplain. Replacement individual sewage systems, whether public or private, may be located within the floodplain subject to state rules and regulations and any state or County regulations which prohibit location, or otherwise regulate location in floodplain soils, including horizontal separation distance. New or replacement individual wells may be located within the floodplain, subject to state rules and regulations and the Plumbing Code of Carroll County.

Section 3800.7. Filling. Filling within the natural floodplain will not be permitted, unless compelling reasons are submitted to the Code Official. Only the minimum amount of fill necessary to support the buildings will be allowed. Detailed plans will be necessary to evaluate the effect of any filling. Fill may not be placed in the floodway or in nontidal wetlands. Landfills, rubble fills, dumps, and sanitary fills are not permitted in the floodplain. The use of fill may not increase flooding or cause drainage problems on neighboring properties. Any land disturbance shall be graded and planted with adequate vegetative cover to prevent erosion immediately after disturbance. Contours shall be designed to prevent flooding.

Section 3800.8. Flood protection setback requirement. Any new or replacement buildings shall be located no less than 100 feet from the top of bank of all FEMA mapped streams and 50 feet plus 2 feet for each percent of land slope measured perpendicular to the stream from the edge of the bank to 100 feet from edge of bank on all unmapped streams. Natural vegetation shall be maintained in the setback zone, and where natural vegetation does not exist along the banks, high priority shall be given to planting trees in the setback area to prevent erosion and enhance aquatic resources. [Amended 04/19/07 by Ord. No. 07-06]

Section 3800.9. (Reserved) [Deleted 12/22/04 by Ord. No. 04-25]

Section 3800.10. Variances for buildings.  Any variance shall be the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon:

 a.  A showing of good and sufficient cause;

 b.  A determination that failure to grant a variance would result in exceptional hardship, other than economic, to the applicant;

 c.  A determination that the granting of a variance will not result in increased flood heights, additional threats to the public safety, create nuisances, cause fraud, or conflict with local or state laws or ordinances;

 d.  A letter shall be sent by the Code Official to the applicant indicating the terms of the variance, the increased risk to life and property in granting the variance, and the increased premium rates for flood insurance coverage in any case in which the National Flood Insurance Program minimum regulations are not met. Variances may not be issued for new buildings in the floodway nor for the placement of fill in the floodway if any increase in flood elevations would result; and 

 e.  The Code Official shall maintain a record of all building variances, with a justification for their issuance. This record shall include comments from the Coordinating Office of the Water Resources Administration, where appropriate, and be maintained for periodic review.

Section 3800.11. Definitions.

In this chapter the following terms have the meanings indicated. Any term not defined in this chapter shall have the meaning as defined in Chapter 114 of the Code.

ACCESSORY STRUCTURE - A detached structure on the same parcel of property as the principal building, the use of which is incidental to the principal building, including a shed or detached garage. [Amended 02/25/10 by Ord. No. 2010-01]

CERTIFICATE OF OCCUPANCY OR USE - A permit to legally occupy or use a building for the intended purpose.

ELEVATION CERTIFICATE - Form supplied by FEMA to certify as-built elevations of buildings above mean sea level (NGVD).

FLOODPROOFING - Any combination of structural or nonstructural changes which reduces or eliminates flood damage to improved property.

FLOODPROOFING CERTIFICATE - Form supplied by FEMA to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

FLOODWAY FRINGE - That portion of the floodplain outside the floodway.

FPE - Flood protection elevation.

HISTORIC BUILDING - A building listed individually on the National Register of Historic Places, the Maryland Inventory of Historic Properties, a local inventory of historic places certified by the Maryland Historic Trust or the Secretary of the Interior, or preliminarily determined as meeting the requirements for such listing by the Maryland Historic Trust or the Secretary of the Interior, or determined as contributing to the historic significance of a historic district registered with Secretary of the Interior.

MANUFACTURED HOME - A transportable building which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

NGVD - National Geodetic Vertical Datum of 1929 elevation reference points set by the National Geodetic Survey based on mean sea level.

NEW CONSTRUCTION - A structure for which the start of construction commenced on or after November 21, 2002, and includes any subsequent additions or improvements. [Amended 02/25/10 by Ord. No. 2010-01]

PERMANENT STRUCTURE - Any structure occupying a site for more than 180 days per year. [Amended 02/25/10 by Ord. No. 2010-01]

RECREATIONAL VEHICLE - A vehicle built on a single chassis which is 400 square feet or less at the longest horizontal projection, self-propelled or towable, and designed primarily for temporary living while traveling or camping.

REPETITIVE LOSS - Flood-related damage sustained by a building on 2 separate occasions during a 10 year period for which the cost of repairs at the time of each event, on the average, equals or exceeds 25 percent of the market value of the building before the damage occurred.

START OF CONSTRUCTION - The date of issue of the building permit for any development, including new construction and substantial improvements, provided that the actual start of the construction or improvement was within 180 days of permit issuance. The actual start of construction is the placement of slab or footings, piles, columns, or actual placement of a manufactured home. For substantial improvement, the start of construction is the first alteration of any structural part of the building.

SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building whereby the cost of restoring the building to its before damaged condition would equal or exceed 50% of the market value of the building before the damage occurred.

SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, or improvement of a building, the cost of which equals or exceeds 50% of the market value of the building excluding land value either before the improvement or repair is started or if the building has incurred substantial damage and been restored, before the damage occurred. Substantial improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. The minimum repairs needed to correct previously identified violations of local health, safety, or sanitary codes, and alterations to historic buildings which do not preclude their continued designation as historic buildings are not considered substantial improvements.

TEMPORARY STRUCTURE - Any structure completely removed within 180 days from issuance of the permit. [Amended 02/25/10 by Ord. No. 2010-01]

97-5. Electrical Code amendments.

 [Amended 01/03/02 by Ord. No.02-01; 11/21/02 by Ord. No. 02-19;12/22/04 by Ord. No. 04-25; 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01] 

The National Electric Code 2008 is amended as follows:

(1) [Amended 02/25/10 by Ord. No. 2010-01] Amend National Electric Code 2008, to add new Chapter 95 to read: 

95-1 LICENSING REQUIREMENTS

No person may install, repair, maintain or erect any kind of electrical wiring, conduits, or wiring to or repair of electrical elements or circuits of machinery and fixed or stationery appliances, motors, fixtures, signs, electrically operated heating equipment, elevators, or any other electrically operated apparatus or device in, on, or about any premises in Carroll County without having obtained a license and permit as required by the County or the state, or having otherwise complied with these regulations except:

 A. Utility company regulated by the Public Service Commission of Maryland when working on its own property or on the line side of a meter or the outside of buildings when using donut type meters.

 B. Radio and television transmitting stations licensed and commissioned by the Federal Communications Commission regulations.

95-1.1 EMPLOYMENT OF LICENSED ELECTRICIANS

Unless otherwise permitted by this chapter, no person, firm or corporation engaged in the manufacture, assembly or repair of electrical equipment manufactured by such person, firm or corporation or manufactured for such person, firm or corporation by a parent or subsidiary shall be required to hold or to employ the holder of any of the licenses provided for by these requirements solely by reason of such manufacture, assembly or repair. However, all electrical installations for machinery and equipment within such factories shall be performed by either a holder of a master electrician or limited license or under their direct supervision.

95-2 CLASSES OF LICENSES

The following classes of licenses are hereby established:

 A. Master electrician. A master electrician license shall authorize the licensee to perform or have performed under the licensee's direction and supervision all types of electrical work in accordance with the applicable code as adopted by the Board of County Commissioners of Carroll County. Such license may only be issued to an individual and may not be issued to a firm or corporation. A 4 year accredited apprenticeship program or degree from a college may be substituted for 6 months of the required 7 years of field experience required to obtain a master electrician license.

 B. Limited electrician. Limited electrician license shall authorize the licensee employed by a firm or corporation to perform or have performed under the licensee's direction or an alternate representative's supervision any electrical work solely on the premises occupied by the employer of such licensee. Such license may only be issued to an individual and may not be issued to a firm or corporation. In the event the licensee leaves the employ of the employer, the license shall become void. Firms or corporations operating under limited licenses are required to have an annual inspection of all work performed by their licensee. A record of such work should be maintained by the licensee.

 C. Restricted electrician. A restricted electrician license shall authorize the licensee to install, maintain and repair the particular type or types of electrical equipment specified in the license, including:

 a. Appliances.

 b. Electrically operated air-conditioning and refrigeration and heating equipment.

 c. Electrically operated elevators and dumbwaiters.

 d. Electrical display signs.

 e. Oil burners.

 f. Farm equipment.

 g. Water pumps.

 h. Swimming pools.

Restricted electrician license shall authorize the licensee to maintain, repair and install electrical household fixed and stationary appliances, and permit the licensee to install electrical wiring from the existing distribution panels to the equipment being installed. This license does not permit installation of service or change of distribution of service. A restricted electrician license may only be issued to an individual and may not be issued to any firm or corporation.

 D. Homeowner's License. A homeowner license shall authorize an individual homeowner to perform minor electrical wiring in his or her own home, provided the individual homeowner (1) satisfactorily passes a project specific or complete house examination administered by the Code Official or his or her designee, and (2) signs a certificate that the individual homeowner owns and resides in the property to be subject to minor electrical wiring by the individual homeowner and that the property is not used for any commercial or public purpose. Project specific examinations include: Attached Garage; Detached Garage and/or Out Building; Additions, Family Rooms, and Renovations; and Swimming Pools. In addition to satisfactorily passing the Whole House examination, the individual homeowner shall submit a wiring diagram of the house for approval by the Code Official or his or her designee.

95-3 EXAMINATIONS

 A. General. To be eligible for an electrical license any applicant for a master electrician, limited electrician or restricted electrician shall be required to satisfactorily pass an examination, except as hereinafter provided. Such examination shall be standard for each category and qualification for passage shall be determined by 3 qualified persons designated by the County. Examination and grading procedures shall be established, publicized and made available to interested parties prior to each examination date. Examination results shall be made available at the earliest possible date following the date of the examination but not later than 45 days thereafter. Notice of the decision to grant or refuse a license shall be sent by certified mail to the person for whom the application was filed.

 B. Homeowner examination. An individual homeowner shall pass the applicable examination with a grade of 70% or better. A 20 question open book test on the current Electrical Code that includes the calculations of the loads and the signing of the electrical service to wire the entire house. For other types of improvements and renovations described in 95-2D, a passing grade of 70% or better is required on a 10 question open book test on the current Electrical Code. A 2 hour time limit applies to all homeowner examinations.

95-4 REQUISITE QUALIFICATIONS FOR TAKING LICENSING EXAMINATIONS

In order to assure that those persons desiring to take the examinations for electrical licenses are qualified through experience in the electrical business, the following eligibility requirements are established:

 A. Master electrician. To qualify for the examination for master electrician license, the applicant must satisfactorily establish that he/she has been actively in charge of electrical installation work under the supervision of a master electrician for a period of at least 7 years prior to the application for license. Further, the principal source of the applicant's livelihood must have been from the above employment. A 4 year accredited apprenticeship school or degree from a college may be substituted for 6 months of the required 7 years of field experience required to obtain a master electrician license.  

B.  Limited electrician. To qualify for the examination for limited electrician license, the applicant must be an employee of a firm or corporation for whom the work is to be done and must have worked under the direction or supervision of a qualified master electrician, or limited electrician for at least 2 years.

 C. Restricted electrician. To qualify for the examination for the restricted electrician, the applicant shall satisfactorily establish that he or she has been actively in charge of electrical installation work under the supervision of a master electrician or restricted electrician for the period of at least 2 years with respect to the particular branch or branches to be covered by the license. Further, the applicant must have received his/her principal source of livelihood from such type or types of work.

 D. Homeowner license. A homeowner shall provide an affidavit stating that he or she owns and resides in the structure if the property is not rented, and that the structure is not used in any way that would involve the general public.

95-5 INACTIVE LICENSE

The applicant shall comply with all requirements for the type of license for which he or she is applying as listed in Subsection A, B, or C in Section 95-4. The applicant shall not be required to secure general liability insurance during that time the license is inactive.

95-6 REGULATIONS FOR THE ISSUANCE OF LICENSES

 A. Application. Each applicant must submit an application on a form supplied by the Code Official.

In the event the person is self-employed or employed in an unlicensed jurisdiction, the applicant must show proof of earning a livelihood as an electrician for the requisite number of years of the respective license.

Proof may consist of inspection certificates, letters from inspectors, documents and receipts from electrical supply houses, etc.

The application shall be accompanied by one or more letters from employers certifying to the character and qualifications of the applicant and the fitness of the applicant for the type of work for which the license is applied.

The application for a limited licensee shall be signed by the applicant and by an executive officer of the employee and shall set forth the name and qualifications of the employee or employees whose employment and qualifications entitles the applicant to receive the type of license applied for and under whose supervision all electrical work to be done by the applicant will be performed.

The applicant shall be required to certify that he/she will maintain general liability or property damage insurance as required by 6-604(b) of the Business Occupations and Professions Article of the Annotated Code of Maryland as amended.

 B. Examination dates. Examinations shall be given during the months of April and October of each year, and special examinations may be provided at such other dates of which due notice is given.

 C. Registration fee. A registration fee in accordance with Chapter 1, Sec. 108.2, shall be submitted prior to examination date payable to Board of County Commissioners of Carroll County. Registration fee will be forfeited if 2 consecutive examination dates are missed.

95-7 APPEALS FROM REFUSAL OF LICENSE

Any person may appeal a decision of the Code Official in the refusal of a license, such appeal shall be filed in writing to the Board of County Commissioners of Carroll County, within 30 days of the date of refusal stating the grounds thereof.

The appeal will be considered by a Board of Arbitration consisting of one person selected by the person appealing, one person selected by the Board of County Commissioners of Carroll County knowledgeable in the electrical business, and one person from a list of qualified arbitrators recommended by the Carroll County Electrical Board.

The appeal will be studied and the arbitrators may make such additional investigation as deemed necessary, and thereafter a majority vote will determine whether to grant or refuse the request for an electrical license. The decision of the arbitrators shall be final.

A fee of $75.00 shall be filed with each appeal which shall be nonrefundable.

95-8 FEES

 A. Fees shall be determined in accordance with Chapter 1, 108.2.

 B. Inactive licenses. Any of the licensees desiring to be placed on the inactive classification specified in Section 95-5 shall be required to pay 50% the current license fees in order to retain such classification.

 C. Licenses must be renewed every 2 years prior to July 1, and are effective until June 30 of the second year thereafter.

95-9 EXPIRATION, SUSPENSION, OR REVOCATION OF LICENSES

The Code Official may suspend or revoke any licensee's privileges for good cause after a public hearing, provided that at least 15 days notice is given to the licensee by first class mail. The Code Official shall refer the matter to the Electrical Board for the Board to conduct the hearing and provide a recommendation for the proper resolution of the matter. The Board may recommend a suspension or revocation of the license. Such suspension or revocation may be for the following causes:

 A. Permitting any unlicensed person, firm or corporation to perform electrical work under the authority of a license.

 B. Performing or permitting the performance of defective or dangerous work.

 C. Performing any work for which an application for electrical work has not been secured from the County.

 D. Violations of any of the provisions of this chapter. 

Any Carroll County electrical license which has been allowed to expire for a period of one year or more shall not be reissued until an examination has been successfully taken and approval given for the reissuance of the said license, unless the applicant holds an active statewide master electrical license.

95-10 ELECTRICAL WORK COVERED BY LICENSE

Any holder of a license issued by the County shall be subject to strict compliance with standards and regulations and any amendments or additions thereto of Chapter 29 of the Carroll County Building Code which pertains to electrical wiring and equipment. Where any conflict shall exist, the latest edition of the National Electrical Code shall prevail. The Carroll County Bureau of Permits and Inspections is the agency designated to determine such compliance with the standards prescribed within the Code.

95-11 ELECTRICAL BOARD

The Board of County Commissioners of Carroll County shall, in accordance with 3-701 of the Code of Public Local Laws of Carroll County, appoint an Electrical Board, and shall in accordance with this chapter create such Board, consisting of 3 persons knowledgeable and experienced in the electrical business and 2 persons unrelated to any person in the electrical business. Such persons shall serve for a term of 5 years, except that initially the first member so selected shall serve for one year, the second 2 years, the third 3 years, the fourth 4 years, and the fifth 5 years.

The Board shall continue to serve at the pleasure of the Board of County Commissioners of Carroll County and shall be designated the following duties and powers:

 A. To recommend changes in the chapter setting up licensing regulations.

 B. To prepare and administer electrical license examinations.

 C. To make recommendations for the changes in codes pertaining to electrical work in Carroll County.

 D. To provide up-to-date lists of persons from which arbitrators, when needed, can be so selected.

 E. To aid in the conducting of any hearings as determined necessary by the Board of County Commissioners on electrical regulations.

 F. To recommend enforcement procedures as may be desirable in the Bureau of Permits and Inspections from time to time as it pertains to the electrical inspection program.

 G. To advise the Board of County Commissioners on other functions considered helpful in the control and conduct of electrical business in Carroll County from time to time.

(2) Amend the NFPA 70 National Electrical Code to add Article 210-5 to read:

Color code for branch circuits

 1. Circuits of 250 volts or less shall be colors black, red, blue for ungrounded conductors and white for grounded conductor.

 2. Circuits of more than 250 volts shall be colors brown, orange and yellow for ungrounded conductors and gray for grounded conductor.

(2.1) Amend NFPA 70 National Electric Code Chapter 210.8(A)(5) exception to (5) to read: "A receptacle supplying only a permanently installed fire alarm or burglar alarm system and a dedicated outlet for sump pumps and ejector pumps shall not be required to have ground fault circuit interrupter protection." [Added 02/25/10 by Ord. No. 2010-01]

(3) Amend NFPA 70 National Electrical Code Chapter 210.52(B)(3) to read:

"Receptacles installed in the kitchen to serve counter top surfaces shall be supplied by not less than 2 small appliance branch circuits, which shall alternate between outlets, (either or both of which shall also be permitted to supply receptacle outlets to the kitchen and other rooms specified in (b)(1) above). Additional small appliance branch circuits shall be permitted to supply receptacle outlets in the kitchen and the rooms specified in (b)(1) above."  [Amended 04/19/07 by Ord. No. 07-06]

(3.1) Amend Article 250.52(A)(3) Concrete Encased Electrode to read:

"An electrode encased by at least 2 inches (50.8 mm) of concrete, located within and near the bottom of a concrete foundation or footing that is in direct contact with the earth, consisting of at least 20 feet (6.1 m) of one or more bare or zinc galvanized or other electrically conductive coated steel reinforcing bars or rods of not less than inch (12.7 mm) diameter or consisting of at least 20 feet (6.1 m) of bare copper conductor not smaller than No. 4, shall be mandatory in all new buildings in Carroll County. Reinforcing bars shall be permitted to be bonded together by the usual steel tie wires or other effective means."  [Amended 04/19/07 by Ord. No. 07-06]

(3.2) Add to Article 250.52(A)(3) to read: "A supplemental electrode in addition to the concrete encased electrode."  [Added 04/19/07 by Ord. No. 07-06]

(4) Amend NFPA 70 National Electrical Code Section 250.62 by deleting any and all references to aluminum or copper clad aluminum. [Amended 04/19/07 by Ord. No. 07-06]

(5) Amend NFPA 70 National Electrical Code Section 310-2(b) to read:
"Conductors in this article shall be of aluminum, copper clad aluminum, or copper unless otherwise specified. The use of aluminum conductors size AWG 12, 10, 8 and 6 will not be permitted in Carroll County."

(6) (Reserved) [Deleted 04/19/07 by Ord. No. 07-06]

(7) Amend NFPA 70 National Electrical Code Section 410-16(c) to read:
"Framing members of suspended ceiling systems used to support fixtures shall be securely fastened to each other and shall be securely attached to the building structure at appropriate intervals. Fixtures shall be securely fastened to the ceiling framing member by mechanical means, such as bolts, screws, or rivets. Clips identified for use with the type of ceiling framing member(s) and fixture(s) shall also be permitted. Tie wires shall be accepted for support of light fixtures." 

(8) Amend NFPA 70 National Electrical Code Chapter 680.26(B0(2)(b) Alternate Means to read: "In unpaved areas where structural reinforcing steel is not available or is encapsulated in a nonconductive compound, a copper conductor shall be utilized where the following requirements are met:" [Added 02/25/10 by Ord. No. 2010-01]

97-6. Residential Code amendments.

[Amended 01/03/02 by Ord. No. 02-01; 12/22/04 by Ord. No. 04-25; 06/21/05 by Ord. No. 05-06; 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01; 05/17/11 by Ord. No. 2011-04] 

Specific changes to International Residential Code 2009 Edition shall be as follows:

(1) Delete Chapter 1 in its entirety and substitute the language of Chapter 1 "Administration" from the International Building Code 2009 as amended by this chapter and as may be hereafter amended from time to time. [Amended 02/25/10 by Ord. No. 2010-01]

(2) Delete International Residential Code Chapter 3, Section R307 in its entirety.

(3) [Amended 02/25/10 by Ord. No. 2010-01] Amend Chapter 3, Section 302:

(a) Amend Subsection R302.5.1 by adding a new sentence at the end of the paragraph to read "All doors under this subsection shall be equipped with an approved automatic door closure." [Amended 02/25/10 by Ord. No. 2010-01]

(b) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01] 

(3.1) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(3.2) Amend Chapter 3, Building Planning, R313.2 to read: "R313.2 An automatic residential fire sprinkler system shall be installed in one and two family dwellings." [Added 06/21/05 by Ord. No.05-06; amended 02/25/10 by Ord. No. 2010-01]

(4) Amend Chapter 4, Section R403.1.1 to add the following text:
"Notwithstanding any other provisions of this section, concrete footings shall not be less than 8 inches in edge thickness and shall extend a minimum of 4 inches on each side of the supported wall. Concrete footings shall not be poured through water or on frozen soils. Concrete footings shall be protected from freezing during construction and for a period of not less than 5 days thereafter. Bottom of footing shall not be less than 30 inches below grade and shall rest on virgin or compacted soil."

(5) Amend Chapter 4, Section R404.1.7.1 by adding the following language after the text:
"Excavated areas to receive backfill shall be clear of all debris, building materials, tree stumps, etc. Backfilled areas to receive concrete porches, steps, patios, walks, etc., shall be adequately compacted to minimize potential settlement."

(6) Amend Section R405.1, Concrete or masonry foundations, to read:
"Drains shall be provided on the exterior of all concrete and masonry foundations in accordance with the Plumbing Code."

Delete the balance of this section. [Amended 04/19/07 by Ord. No. 07-06]

(7) [Amended 02/25/10 by Ord. No. 2010-01] Add new Subsection 405.1.2 to read:
405.1.2 Areaways drains. All open subsurface space adjacent to a building serving as an entrance to the basement or cellar of a building must be provided with a drain or drains. Such areaway drains shall be a minimum to 2 inches in diameter of either cast iron, PVC (polyvinyl chloride), or ABS (Acroynlonitrilebutiadene-styrene) 40-weight plastic pipe glued joints for areaway not to exceed 100 square feet in area, and shall be discharged as provided for in this regulation pertaining to subsoil drains not serving continuous flowing springs or ground water. Areaway drains shall be piped directly to a sump pump pit. When subsoil drains drain to open grade, the areaway drain may be connected to a fitting or the subsoil drain outside the areaway. Areaway drains for areas exceeding 100 square feet shall be sized according to the Plumbing Code.

(8) Amend Section R406.2 by adding text to the first sentence to read:

"All dwelling units that have a foundation shall be waterproofed in accordance with R406.2 or a system approved by the Code Official."

(9) Delete Section R406.1 in its entirety.

(10) Amend the first sentence of R311.7.7.2 Continuity, by deleting the words "continuous for". [Added 05/17/11 by Ord. No .2011-04]

(11) Amend Chapter 25, Section P2501.1 Scope, to read:
"All plumbing work in Carroll County shall be subject to the National Standard Plumbing Code Illustrated 2009 as published by the National Association of Plumbing-Heating-Cooling Contractors." and delete all other provisions of Chapter 25.  [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

(12) All electrical work shall be subject to the NFPA 70 National Electrical Code as amended hereby notwithstanding anything to the contrary herein.

(13) Delete Chapters 26, 27, 28, 29, 30, 31, and 32 in their entirety. [Amended 04/19/07 by Ord. No. 07-06]

(14) Adopt International Residential Code 2009 Appendices F, G, K, and M and amend definition by adding storable swimming pool: storable swimming or wading pool -- those that are constructed on or above ground and are capable of holding water to a maximum depth of 42 inches, with non-metallic, molded polymer walls of inflatable fabric, regardless of dimensions.  [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

(15) Amend R311.7.7.3 Grip Size, 1. Type I the maximum cross section of dimension by deleting 2  and replacing with 3  inches. [Added 05/17/11 by Ord. No. 2011-04] 

(16) Delete Section R602.10.4.4 in its entirety. [Added 05/17/11 by Ord. No. 2011-04]

(17) Amend the first sentence of N1102.2.6, Basement Walls to read: "When the basement is a conditioned space, the basement walls shall be insulated in accordance with Table N1102.1. The insulation shall terminate 12" above the floor."  [Amended 04/19/07 by Ord. No. 07-06]

(18) Amend Section R612.2, Window Sills, the lowest part of the clear opening of the window by deleting 24 and replacing with 18 inches. [Added 05/17/11 by Ord. No. 2011-04]

(19) Amend AF103.5, Radon, by adding this sentence at the end of the exception:  "Additions on crawl spaces with an additional 50% of vents installed than required." [Added 05/17/11 by Ord. No. 2011-04]

(20) Amend subsection R401.3 Drainage to read: "Surface drainage shall comply with Chapter 121 of the Code of Public Local Laws and Ordinances."  Delete the balance of this section. 

(21) Amend Section R301.6 by deleting the following language and replacing it with the following sentence:   "Roof live load shall be designed for a minimum of 35 lbs per square foot. No reductions allowed."All roofs shall be designed for a minimum snow load of 30 PSF and for unbalanced snow loads, with no reductions allowed. [Amended 05/17/11 by Ord. No. 2011-04]

(22) Amend Appendix G of the IRC by adding new subsection A6 103.3. to read: "Locations:  Private swimming pools shall not encroach on any front or side yard required by this Code. A wall of a swimming pool shall not be located less than 6 feet from any rear or side property line or 10 feet from any street property line, unless in accordance with specific rules of the jurisdiction in which the pool is located." [Amended 04/19/07 by Ord. No. 07-06]

(22.1) In-ground swimming pools under construction shall have a temporary safety fence installed by the pool company once the pool is filled with water. The fence shall be maintained in a safe condition and may remain for a period of up to 3 months at which time the permanent fence shall be installed and completed or the pool shall be deemed unsafe. [Added 02/25/10 by Ord. No. 2010-01]

(22.2) Above ground swimming pools constructed into an embankment are required to have a 3 foot level path around the base of the perimeter of the pool or additional guards/railings shall be provided on top of the pool frame to achieve a 4 foot high barrier measuring from a point 3 feet from the pool edge. [Added 02/25/10 by Ord. No. 2010-01]

(23) Amend the definition of dwelling unit by adding the following: "This includes one kitchen and one bar sink unit."

(24) Add a new definition of Bar Sink Unit to read: "A maximum counter length of 8 feet including one single bowl 15" x 15" bar sink." 

(25) Amend appendix F of the IRC Section AF103.9 by adding the following sentence: "The pipe shall be labeled with a continuous orange paint line throughout the structure." [Added 02/25/10 by Ord. No. 2010-01]

97-7. Mechanical Code amendments.

[Amended 01/03/02 by Ord. No. 02-01; 12/22/04 by Ord. No. 04-25; 04/17/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01] 

Specific changes to the International Mechanical Code 2009 shall be as follows:

(1) Amend Chapter 1, Section 106.5 to read:
"Fees and all mechanical work and inspections conducted hereunder or required hereby shall be in accordance with the schedule required by International Building Code 2009, 108.2 as amended by  97-4(14) of the Code of Public Local Laws and Ordinances of Carroll County." [Amended 02/25/10 by Ord. No. 2010-01]

(2) Delete Sections 106.5.1, 106.5.2, and 106.5.3.

(3) Delete Chapter 1, Section 108, Violations.

(4) Delete Chapter 1, Section 109, Means of Appeals.

97-7.1. Energy Code amendments.

[Added 01/03/02 by Ord. No. 02-01; amended 12/22/04 by Ord. No. 04-25; 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

Specific changes to the International Energy Conservation Code, 2009 Edition, shall be as follows:

(1) [Amended 02/25/10 by Ord. No. 2010-01] Amend Table 302.1 of the International Energy Code by inserting the following values in the corresponding condition:

Condition Value
Winter, Dry-bulb 13
Summer, Dry-bulb 91
Summer, Wet-bulb 75
Degree days heating 5206
Degree days cooling 887
Climate zone 4A

97-7.2. Plumbing Code amendments.

[Added 01/03/02 by Ord. No. 02-01; amended 11/21/02 by Ord. No. 02-19; 12/22/04 by Ord. No. 04-25; 04/19//07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01; 07/21/11 by Ord. No. 2011-04-A]

A.  [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]  Delete the Administration Chapter from the National Standard Plumbing Code Illustrated 2009, and replace with the following:

PURPOSE AND SCOPE OF PLUMBING REGULATIONS

SCOPE. The provisions of the Carroll County Plumbing Code, (hereinafter Code), shall apply to and govern plumbing as defined herein, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm water facilities, venting systems and the public or private water supply systems, within or adjacent to any building or other structure, or conveyance; also, the practice and materials used in the installation, maintenance, extension, or alteration of the storm water or sanitary sewerage system of any premises to its connection with any public disposal or other terminal.

PURPOSE. The purpose of this Code is to provide practical plumbing regulations for the safeguarding of persons and property from hazards arising from unsanitary and unhealthy plumbing conditions.

LICENSES. No individual shall provide plumbing services or assist in providing plumbing services in Carroll County unless: (1) licensed to do so as provided for in the Business Occupations and Professions Article, Annotated Code of Maryland, 12-101 et seq. as amended, and 3-108(b) of the Code of Public Local Laws of Carroll County; or (2) the individual satisfactorily passes a homeowner examination administered by the Code Official or his or her designee, is limited to providing plumbing services on property the individual owns and resides in, and signs a certification that the property is not used for any commercial or public purpose. [Amended 11/21/02 by Ord. No. 02-19]

RULES, REGULATIONS AND INTERPRETATION. The Board of County Commissioners of Carroll County shall from time to time, make such rules and regulations, and such interpretations as are required to implement the enforcement and operation of this Code.

COMMITTEE TO ASSIST CODE OFFICIAL. The County Commissioners may appoint a Plumbing Advisory Board to aid in making amendments to these regulations or interpretations thereof. The Board shall consist of 4 licensed plumbers, one utility contractor, one builder, one person representing the public, a plumbing inspector employed by the County, and an employee of the Carroll County Health Department. Any County or state employee shall be non-voting members. [Amended 11/21/02 by Ord. No. 02-19]

WHEN PERMIT IS REQUIRED. It shall be unlawful to construct, enlarge, alter or demolish a structure; or change the occupancy of a building or structure requiring greater strength, exit or sanitary provisions; or to change to another use; or to install or alter any equipment for which provision is made or the installation of which is regulated by this Code, without first obtaining the required permit, except that repairs which do not involve any violation of this Code, shall be exempted from this provision.

EMERGENCY WORK. When work of an emergency nature must be performed to rectify a possible health or hazardous condition, the plumber may undertake such work prior to the issuance of a permit, but it will be the responsibility of the plumber to obtain a permit for the work within a reasonable time thereafter.

PERMIT FEES. The Board of County Commissioners of Carroll County shall adopt a schedule of fees for the issuance of permits for plumbing work.

PROTECTION OF WATER SUPPLY. The Board of County Commissioners of Carroll County shall make such rules and regulations in furtherance of the purposes and not inconsistent with the specific provisions of this Code, for the connections of water supply to, of the discharges of water or waste from water operated or water using equipment, fixtures or devices, as may be deemed necessary to properly protect the public water supply system. 

PLANS AND SPECIFICATIONS. The designer of the plans and specifications, shall be a master plumber licensed in the State of Maryland, a registered professional engineer licensed to do business in the State of Maryland, or any other person as may be approved by the Code Official. The Code Official may provide for an affidavit of an engineer or architect, certifying that he or she has supervised formulation of the plans and specifications and that such, to the best of his or her knowledge, conformed to all of the provisions of the Code. In such case the Code Official may waive the examination of such plans and specifications.

INSPECTION. The Board of County Commissioners, as of the effective date of these regulations, may designate the Carroll County Health Department as the plumbing inspector for individual sewage disposal systems as well as other phases or portions of these regulations. Such designation may change as the Board of County Commissioners so determines in the best interests of Carroll County. The Code Official may waive the inspection of the plumbing system of any building if a qualified engineer certifies that all work was done in accordance with this Code. In such case, however, the engineer shall have personally supervised the plumbing installations.

Advance Notice. It shall be the responsibility of the plumber to give 24 hours advance notice to the Code Official when the work authorized by the permit is ready for inspection.

Plumber's Responsibility. It shall be the duty of the plumber to insure that the work performed will pass inspection and any required tests before seeking the inspection.

Retesting. If the work performed fails inspection or a test, the plumber shall be required to make necessary corrections to the work and to resubmit the work for inspection and testing.

Testing. Tests shall be conducted in the presence of the Code Official or his or her duly appointed representative.

INSPECTION OF EXISTING SYSTEMS. The plumbing system of any building in Carroll County may be inspected by the Code Official at any reasonable time. If any defects are found therein, the Code Official shall have the authority to order the reconstruction of such plumbing system in accordance with the provisions of this Code.

RIGHT OF ENTRY. The Code Official shall, after proper identification, have the right to enter any premises in Carroll County for the purpose of inspecting any plumbing system and at such times as may be reasonably necessary to protect the public health.

REVOCATION OF PERMITS. The Code Official may, at any time, revoke, for good cause, any permit previously issued. The owner of a property may, at any time, in writing, request the revocation of a permit previously issued to a plumber for work to be performed on the owner's property which may be revoked at the discretion of the Code Official. (See paragraph entitled "Removal of Original Plumber" for process.).

REGISTRATION AND USE OF LICENSE. Prior to doing business in Carroll County, every licensed plumber and utility contractor must register with the Code Official by his or her name, address of business, and name under which such business is conducted, and shall give immediate notice to Code Official of any change in either. A plumber and utility contractor shall not allow his or her name to be used by another person, firm, or corporation for the purpose of obtaining permits, or for doing plumbing business or plumbing work under his or her license. When an application is made to the Carroll County Health Department for septic systems or to the Carroll County Bureau of Permits and Inspections for sewer and water connections, the applicant must be a licensed plumber or an approved utility contractor. A utility contractor may be approved (1) by satisfactorily passing an examination administered by the Code Official or his or her designee or (2) by showing proof of good standing under a valid license issued by another jurisdiction in Maryland or the Washington Suburban Sanitary Commission. A utility contractor shall sign an affidavit certifying that he or she has adequate liability insurance to cover any business conducted in Carroll County. [Amended 11/21/02 by Ord. No. 02-19]

INDIVIDUAL SERVICES. These regulations apply to the introduction, maintenance, and/or extension of the public water supply or sewage service or any appurtenance thereof, in or upon any building, lot, premises, or establishment, provided, however, that it shall not be unlawful where a public water supply is not reasonably available, for any person or persons to install or cause to be installed or operate a water supply for sanitary or other purposes; but no such installations shall be connected to any public water supply unless it shall first be disconnected from its original source of supply and the connection from its original source of supply and the connection shall be made to any private water main or pipe that in turn is connected to any public owned water main or pipe.

WATER SUPPLY SYSTEMS. When the water supply system is intended to serve more than one building owned by or intended for sale to different individuals or groups of individuals, then the plans for such water supply system or systems shall be submitted to the Board of County Commissioners of Carroll County for approval and the entire work must conform in its entirety with these regulations. Application for a permit shall be made in writing to the Board of County Commissioners of Carroll County prior to the commencement of any work on such system or systems.

PIPING THROUGH ADJACENT PROPERTY. Plumbing, piping, or sewer and water piping, shall not be connected up or laid through property other than the property to be served. Plumbing or water supply connections which cannot be made across some border of the property served directly into some adjacent lane, road, alley, street, or thoroughfare, or other land under public jurisdiction, may with the permission of the Code Official be carried through a right-of-way or easement across adjoining property provided that (1) all privileges of such right-of-way or easement are obtained by the property owner, desiring service, without any cost, liability, or damage to Carroll County; (2) that such easement or right-of-way shall meet all requirements and approval of the Code Official; and (3) such easement or right-of-way shall be granted and conveyed by formal deed recorded in the Land Records of Carroll County. This regulation, however, shall not prevent a dwelling and a stable or garage upon the same lot being supplied by the same service pipe.

APPLICATION FOR SERVICE CONNECTIONS. Before any plumbing, drainage, or gas fitting is undertaken, the plumber shall make application at the Carroll County Bureau of Utilities or jurisdiction of appropriate authority for this installation or extension of the service connections, and to the gas company for the necessary gas service connection.

CHARGE FOR SERVICE CONNECTION. The Code Official may provide for a charge for service connections.

PERMIT REQUIRED FOR TAPPING SEWERS. A permit is required to tap into sewers or drains in public or private streets, alleys, or private ways, but such permit will not be issued except in emergency cases. When issued, the recipient assumes all risks, damage, injury, or loss resulting therefrom. All work outside of private property or reservations (streets, alleys, avenues, or other thoroughfares) when permitted, shall be installed under the supervision and to the satisfaction of the local jurisdiction.

SEWER NOT ACCESSIBLE. When no public sewer or drain is accessible and the applicant proposes to tap a private sewer or drain, the written permission of the owner of the private sewer or drain shall accompany the application and shall be retained for the office files. [Amended 11/21/02 by Ord. No. 02-19]

SPECIAL PERMIT FOR "INSIDE PLUMBING ONLY." A special permit for "Inside Plumbing Only" may be issued to any plumber upon proper application for installation of plumbing inside a building and to a point 5 feet outside the foundation wall for properties abutting upon a street in which a sanitary sewer is being constructed but not available, such as an extension under a Public Works Agreement.

TRANSFER OF PERMITS. When the plumber wishes to be removed as the plumber of record, the plumber must notify the Plumbing Inspector in writing, requesting that the plumber be released from responsibility for the part of the work that has not been completed. The plumber will be responsible for the work that has been completed. The plumbing inspector's record will indicate the extent of such completed work and such responsibility. 

REMOVAL OF ORIGINAL PLUMBER. In any case where the plumber who originally signed the permit application and to whom the permit was issued is removed by the owner, the owner must notify the Bureau of Permits and Inspections in writing of the change. If work under the permit has been started, the first plumber will be notified by the Bureau of Permits and Inspections of the proposed change. No transfer of the permit will be made in less than 3 days provided that a transfer may be made in a shorter time pursuant to a written agreement between the first and second plumber. If work under the permit has not been started, the first plumber will be notified by the Bureau of Permits and Inspections of the change and the transfer shall be made immediately. The second plumber must file an application for the permit required and pay a fee as set by the County Commissioners. The new plumber will assume responsibility for the job including the work performed by the original plumber.

WORK DONE BY INSTALLER OF WATER CONDITIONERS, APPLIANCES, APPURTENANCES, AND TREATMENT DEVICES. Any firm, person, or corporation licensed by the Maryland Board of Well Drillers for the installation of water conditioners, appliances, appurtenances, and treatment devices or any other person, firm, or corporation that installs said equipment shall file an application for permit with the Carroll County Bureau of Permits and Inspections prior to beginning installation and shall have the conditioners, appliances, appurtenances and treatment devices inspected as provided in 2800.11, provided that, whenever said work involves connecting to a sanitary sewer line, the provision of 2800.2 and 2800.3 shall apply. Fees shall be regulated by the County Commissioners. Penalties shall be the same as set forth in the Carroll County Building Code.

B.  [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01; 07/21/11 by Ord. No. 2011-04-A]  Specific changes to the National Standard Plumbing Code Illustrated 2009 shall be as follows: 

(1) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(2) Amend Section 2.6.7 Exceptions by removing entire sentence and replacing with: "Material used for backfill shall be rock free soil or sand, 4" under and over pipe."

(3) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(3.1) Amend Section 2.16.A-1 by inserting 36" in blank. [Added 02/25/10 by Ord. No. 2010-01]

(3.2) Amend Section 2.16.A-2 by inserting 36" in first blank and 18' in second blank. In number 2 add at end of sentence in number 2: "Water lines may be installed in outside walls when the walls are 2x6 and water pipe held to heated side of wall." [Added 02/25/10 by Ord. No. 2010-01]

(4) Amend Section 2.19.1 by removing "Feet of any property line of the premises, or other".

(5) Amend Table 3.4 Materials for Potable Water Line 6 "that copper water tube Type M is deleted for use on water service piping".

(6) Amend Sections 3.5.4 A-B and 3.6.3 A-B by deleting "SDR 35" and SDR26 and replacing with "Schedule 40". [Amended 04/19/07 by Ord. No. 07-06]

(7) Amend Table 3.5 Materials for Sanitary Waste & Drain to indicate in line 14 that copper tube DWV is not approved for sewers outside of building or underground within the building.

(7.1) Amend Table 3.6 materials for vent piping to indicate in line 5 that DWV copper pipe is not approved underground; inside or outside of building. [Added 02/25/10 by Ord. No. 2010-01]

(8) Amend Section 3.7.5 by deleting the word "shall" and replacing with "may" in the first sentence.

(9) (Reserved) [Deleted 04/19/07 by Ord. No. 07-06]

(10) (Reserved) [Deleted 04/19/07 by Ord. No. 07-06]

(10.1) Amend Section 4.2.15 by deleting the word "not" in the last sentence. [Added 02/25/10 by Ord. No. 2010-01]

(11) Amend the note under Section 4.2.15B by deleting the second and third "not" in the sentence.

(11.1) Amend Section 4.3.9.E by adding at end of sentence "unless approved by the administrative authority." [Added 02/25/10 by Ord. No. 2010-01]

(12) Amend Section 5.4.6A by deleting "Either inside or outside the building wall" and replacing with "This cleanout shall be located on the outside of the building with 5 feet of the building and brought up to finished grade."

(13) Amend Section 5.4.6B by adding a new sentence "A cast iron cleanout is required, any cleanout installed in a vehicular travel surface shall have a cast iron cleanout and lamp hole cover." 

(13.1) Any grease interceptor that is used must have an engineered certified drawing with a current engineer's stamp submitted to the Authority Having Jurisdiction. [Amended 07/21/11 by Ord. No. 2011-04-A]

(13.2) (Reserved)  [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.3) (Reserved) [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.4) (Reserved) [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.5) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(13.6) (Reserved) [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.7) (Reserved) [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.8) (Reserved) [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.9) (Reserved) [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.10) Amend Section 6.2.5 by deleting 6.2.5 and replace with "No food waste grinder shall discharge into grease interceptor." [Added 02/25/10 by Ord. No. 2010-01]

(13.11) Amend 6.2.7 by deleting the first sentence. [Added 02/25/10 by Ord. No. 2010-01] 

(13.12) Amend 6.2.9 by deleting B. [Added 02/25/10 by Ord. No. 2010-01]

(13.13) (Reserved) [Deleted 07/21/11 by Ord. No. 2011-04-A]

(13.14) Amend 6.2.10 by deleting Table 6.2.10. [Added 02/25/10 by Ord. No. 2010-01]

(14) Amend Section 6.3.1 by adding a new subsection "g" to read:

"With the approval of the Administrative Authority, private garages housing no more than 4 motor vehicles are not required to have garage drains or oil interceptor." [Amended 07/21/11 by Ord. No. 2011-04-A]

(15) Amend Section 6.3.2 Design of oil separators by deleting paragraphs A, B, C, D, E, F, G, and H and replacing with "Oil separators will be approved with an engineer's drawing and current engineer's stamp on drawing."

(16) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(17) (Reserved) [Deleted 12/22/04 by Ord. No. 04-25] 

(18) Add new sentence to 7.5.4 after ANZI 124.9, "Waterless Urinals shall be approved by the authority having jurisdiction and the Carroll County Health Department." [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

(19) Amend Section 7.9.4 by adding at the end of the sentence "and by the Administrative Authority."

(19.1) Delete Table 7.21.1 Minimum Number of Required Plumbing Fixtures and replace with Revised Table 7.21.1[Amended 11/10/11 by Ord. No. 2011-10]:                

              http://ccgovernment.carr.org/ccg/attorney/docs/Table-7.21.1(Revised).pdf

              http://ccgovernment.carr.org/ccg/attorney/docs/Table-7.21.1(Revised)Notes.pdf

(20) Amend Section 9.3.1 by adding "4. Floor sinks shall be set  inch above finished floor."   

(20.1) Amend Section 10.2B by adding under B "Grease Lines = Black = Top third of pipe." [Added 02/25/10 by Ord. No. 2010-01]

(21) Amend Section 10.6.4 by deleting "Where the water service pipe is plastic".

(22) Amend Figure 10.6.4 by removing "plastic" from Note #3.

(22.1) Amend Section 10.6.5 by deleting " and replace with 1". [Added 04/19/07 by Ord. No. 07-06]

(22.2) Amend Section 10.8.1 - 10.14.4 by adding after is "35 PSI or less". [Added 04/19/07 by Ord. No. 07-06; amended 02/25/10 by Ord. No. 2010-01]

(22.3) Amend Section 10.12.2 by adding at end of sentence:  "A pressure gauge with a working pressure range of 25 PSI over street pressure will be required. This gauge shall be after the building service valve and before any other valve(s) or device(s)."  [Added 04/19/07 by Ord. No. 07-06]

(23) Amend Figure 10.12.8B by removing Notes 1, 2, and 3 and replacing with "The optional bypass arrangement shown shall not be allowed unless approved by the Administrative Authority." If approved, by-pass valve shall be locked closed in a manner approved by the authority having jurisdiction.  [Amended 04/19/07 by Ord. No. 07-06]

(24) (Reserved) [Deleted 11/10/11  by Ord. No. 2011-09]

(24.1) Amend Section 10.15.9.3 by deleting rest of sentence after floor drain. [Added 04/19/07 by Ord. No. 07-06]

(24.2) Amend Section 11.7.1 by adding: "D maximum size of an exterior sewage ejector tank is 200 gallons." [Added 04/19/07 by Ord. No. 07-06]

(24.3) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(25) Amend 10.15.2A - Replace 100 with "50" and 25 with "5". [Added 02/25/10 by Ord.No. 2010-01; amended 07/21/11 by Ord. No. 2011-04-A]

(25.1) Add the following language: Food handling establishments shall require the hot water heater within 10 feet or re-circulated to with 5 feet of the hand washing fixture. [Added 07/21/11 by Ord. No. 2011-04-A]

(26) Amend 10.15.2 - Replace 100 with "50" and 25 with "5". [Added 02/25/10 by Ord. No. 2010-01]; amended 07/21/11 by Ord. No. 2011-04-A\ 

(26.1) Add the following language: Food handling establishments shall require the hot water heater within 10 feet or re-circulated to with 5 feet of the hand washing fixture. [Added 07/21/11 by Ord. No. 2011-04-A]

(27) (Reserved) [Deleted 04/19/07 by Ord. No. 07-06]

(28) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(29) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(30) Amend the definition of a Private Sewage Disposal System in 1.2 by deleting in its entirety and replacing with "A system for disposal of domestic sewage by means of a septic tank or mechanical treatment, designed for use apart from a public sewer to serve a single establishment or multiple buildings on a single lot."

(31) Amend Section 16.1.5 by deleting the words "other" and "or into a sand filter" from the first sentence and by deleting the words "or sand filtration" from the second sentence.

(32) Amend Section 16.1.6 by deleting the first sentence and replacing with "The installing contractor, owner, or any subcontractors will be responsible for compliance with these regulations."

(33) Amend Section 16.1.7 by deleting the first sentence and replacing with "Abandoned disposal systems shall be disconnected from the buildings and left in such a way that they cannot be used as sewage disposal systems nor become injurious to health or safety as determined by the Administrative Authority."

(34) Amend Section 16.1.9 by adding the following language: "When there is insufficient lot area or improper soil conditions for adequate sewage disposal for the building or land use proposed, the Administrative Authority so finds, no building permit shall be issued and no private sewage disposal shall be permitted. Where space or soil conditions are critical, no building permit shall be issued until engineering data and test reports satisfactory to the Administrative Authority have been submitted and approved for a private sewage disposal system complying with the provisions of the Code has first been installed."

(35) Amend Section 16.2 to be captioned "Permits Required" and by adding language to read:

16.2 Where sewage disposal systems are not available and construction is contemplated for a building of human occupancy or use or addition to or alteration of any existing sewage disposal system, prior to beginning any construction, application shall be made to the Administrative Authority for a written permit to make the desired installation(s). An application for a permit shall be in a form required by the Administrative Authority and shall include complete plan.

16.3 When, upon review of the application, the Administrative Authority is satisfied that the proposed design is adequate, a written permit to proceed with construction shall be issued.

16.4 When, upon review of the application, the Administrative Authority is convinced that the proposed design is inadequate, or soil and geological conditions are such as to preclude safe and proper operation of the desired installation(s), a permit to proceed with construction shall be denied.

16.5 No installation shall be made without a written permit from the Administrative Authority.

16.6 The Administrating Authority shall make inspections during construction to determine compliance with the Code. No part of any installation shall be covered until inspected and given final written approval by the Administrating Authority. Any part of an installation, which has been covered prior to final approval, shall be uncovered upon order of the Administrating Authority. Final written approval shall not be given until all pertinent data required has been submitted."

(36) Amend Section 16.3.6 to be captioned "Alternate Design" and by adding language to read: "Where soil conditions are such that neither of the systems mentioned in Section 16.3.4 can be expected to operate satisfactory, approval of an alternate design shall be secured from the Administrative Authority."

(37) Amend Section 16.3.7 by deleting the first sentence and replacing with "Design Criteria for sewage flow shall be according to the current requirements of the Administrative Authority."

(38) Delete Table 16.3.7 in its entirety and replace with COMAR 26.04.02.05M.

(39) Delete Sections 16.4.4.2, 16.4.4.3, 16.4.4.4, and 16.4.4.5 in their entirety. See COMAR 26.04.0205J and K, 26.04.02.04J, 26.04.02.02, and 26.04.02.02.

(40) Amend Section 16.5 by deleting the first sentence and replacing with "Percolation and other types of test required by the Administrative Authority to determine the soil capacity of soil for septic effluent shall be conducted."

(41) Delete Sections 16.5.1, 16.5.2, and 16.5.3. See COMAR 26.04.02.02K.

(42) Amend Section 16.5.4 by deleting in its entirety and replacing with the caption "Absorption Area Requirements for Individual Residences" and language to read: "Effective absorption area requirements for individual residences using standard trench or seepage pit disposal techniques are given in Table 16.5.4. These absorption area requirements provide for garbage grinder and automatic clothes washing machines."

    Table 16.5.4 Individual Residences.

Percolation Rate in Minutes For 1" Drop, After Prewetting Required Absorption Area (Square Feet Per Bedroom)
2-10
170
11-15
200
16-30
252

(43) Amend Section 16.5.5 by deleting in its entirety and replacing with the caption "Absorption Area Requirements for Commercial and Institutional Establishments" and language to read: "Effective area requirements for commercial and institutional establishments using standard trench or seepage pit disposal mode are calculated as follows:

Percolation Rate in Minutes For 1" Drop, After Prewetting Maximum Application (Gallons per Square Ft Per Day)
2-10
1.6
11-15
1.3
16-30
0.9

(44) Delete Sections 16.5.6 and 16.5.7 in their entirety. See COMAR 26.04.02.05J and 26.04.02.04C.

(45) Delete Table 16.6.1 in its entirety and amend Section 16.6.2 by adding Table 16.6.2:

TABLE 16.6.2
CAPACITY OF SEPTIC TANKS*

Single family dwellings-number of bedrooms    Multiple dwelling units or apartments-one bedroom each Other uses: maximum fixture units served Minimum septic tank capacity in gallons
1-3
1 20 1000
4
 2 Units 25 1250
5
3 33 1500
6
4 45 1750
7
5 55 2000
Extra Bedroom, 250 gallons each.
Extra dwelling units over 5, 250 gallons each.
Extra fixture units over 55, 25 gallons per fixture unit.
*NOTE: Septic tank sizes in this table include sludge storage capacity and the connection of domestic food waste disposal units without further volume increase.

(46) Amend Section 16.6.3 by adding "unless approved by the Administrative Authority" after the word "capacity".

(47) Amend Section 16.6.4 by deleting the caption and replacing with "Septic Tank Construction" and adding language to read: "Plans for all septic tanks shall be submitted to the Administrative Authority for approval. Such plans shall show all dimensions, reinforcing, structural calculations and such other pertinent data as may be required. Septic tanks shall be constructed of sound durable materials, not subject to excessive corrosion or decay and shall be watertight. Each such tank shall be structurally designed to withstand all anticipated earth or other loads and shall be installed level and on a solid bed."

(48) Delete Section 16.6.5 Steel Tanks and subsections 16.6.5.1, 16.6.5.2, 16.6.5.3, 16.6.5.4, 16.6.5.5, 16.6.5.6, 16.6.5.7, 16.6.5.8, 16.6.5.9, 16.6.5.10, 16.6.5.11, and 16.6.5.12. See COMAR 26.04.02.05F.

(49) Amend the note for Figure 16.6.6 by adding the following sentence to the end: "THE TOP OF THE SEPTIC TANK SHALL BE BROUGHT TO WITHIN 36 INCHES OF THE FINISHED GRADE WITH AN ACCESS MANHOLE EXTENDED TO THE FINISHED GRADE."

(50) Amend Section 16.6.6.1 Baffles by deleting the first sentence and replacing with "The inlet and outlet baffles shall be at least 12 inches in diameter at the point opposite the opening of the tank."

(51) Delete Sections 16.8.2, 16.8.3, 16.8.4, 16.8.5, 16.8.6, 16.8.7, and 16.8.8. See COMAR 26.04.02.04C, 26.04.02.05I and J, and 26.04.02.02L.

(52) Amend Section 16.8.9 by deleting in its entirety and replacing with "Approved pre-cast, reinforced concrete slab of 2500 psi minimum compressive strength, not less than 5 inches thick and designed to support an earth load of not less than 400 pounds per square foot. Each such cover shall extend not less than 3 inches beyond the sidewalls of the pit, shall be provided with a minimum 6 inch inspection hole with pipe extended to the surface, and provided with a 6 inch cast iron or schedule 40 plastic stand pipe with cleanout to grade."

(53) Amend Section 16.9.2 by deleting in its entirety and replacing with "The filter material shall cover the tile and extend the full width of the trench and shall not be less than 6 inches deep beneath the bottom of the tile, and 2 inches above the top of the tile. The filter material may be washed gravel, crushed stone or clean bank run gravel ranging in size from  to 2 inches. The filter material shall be covered by untreated paper, filter cloth or equivalent material prior to backfilling the excavation. Stone used in absorption fields utilizing sand (such as sand mounds) may not be limestone unless otherwise approved by the Administrative Authority."

(54) Delete Section 16.9.3 in its entirety. See COMAR 26.04.02.05I.

(55) Amend Section 16.9.4 by adding a second sentence to read "The trench bottom shall be uniformly graded to slope from a minimum of 2 inches to a maximum of 4 inches per 100 feet."

(56) Delete Section 16.9.5 in its entirety. See COMAR 26.04.02.05L.

(57) Amend Section 16.11 by adding a new subsection 16.11.1 to read "All piping from building drain to sewage disposal system shall be 4 inch or larger uncoated service or heavier weight bell and spigot cast iron, or schedule 40 plastic, exclusive of lines after a distribution box and absorption lines. The Administrating Authority shall determine the acceptability of these lines."

(58) Delete the following subsections of Section 16.12 Sand Filters: 16.12.1, 16.12.1.1, 16.12.1.2, 16.12.1.3, 16.12.1.4, 16.12.1.6, 16.12.1.7, 16.12.1.8, 16.12.1.9, 16.12.1.10, 16.12.1.11, and 16.12.1.13. The only remaining subsection is 16.12.1.5. See COMAR 26.04.02.02L.

(59) Amend Chapter 16 by adding a new section 16.13 captioned "Chemical Toilets" as follows:

16.13  CHEMICAL TOILETS

16.13.1  All requests for permission to erect and use chemical toilets shall be approved by the Carroll County Health Department.

16.13.2  Where approved by the Carroll County Health Department, chemical toilets shall be as follows: A chemical toilet consists of a toilet seat connected to a metal hopper to a metal tank containing chemicals, usually sodium hydroxide. All connections to the toilet seat and the tank shall be water-tight. A rod shall extend above the floor of the room to operate the agitator in the chemical tank.

16.13.3  A supply of the chemical shall be available in a closed container for periodic additions to the toilet.

(60) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(61) (Reserved) [Deleted 02/25/10 by Ord. No. 2010-01]

(62) Amend Section 17.1.1 by deleting in its entirety and replacing with "The Carroll County Health Department in conjunction with the Maryland Department of the Environment published guidelines shall govern the installation, use and maintenance of private water systems and be considered the Administrative Authority for this chapter."

(63) Amend Section 17.1 by adding a new subsection 17.1.3 captioned "Well Location" to read "No new water supply shall be located within or under any building unless approved by the Administrative Authority."

(64) Amend Section 17.2.3 by deleting the first sentence and replacing with "Total water available during any 24-hour period shall not be less than the design capacity of the sewage disposal system."

(65) Amend Section 17.8 by adding a new item as follows: "5. Provide a faucet between the main shut off valve and storage or pressure tank, to provide an area where a water sample may be taken. The faucet shall be installed at a minimum height of 8 inches off floor."

(66) Amend Chapter 17 by adding a new section 17.16 captioned "Water Disinfecting Devices" to read:

17.16 WATER DISINFECTING DEVICES

17.16.1 The use of an ultraviolet or a chlorine injection disinfection system requires written approval from the Administrative Authority prior to installation.

17.16.2 Requirements for Ultraviolet Disinfection Units on Water Supplies.

a.  The unit shall be designed to permit the user to clean the water contact surface of the jacket.

b.  An automatic flow control valve, accurate within the expected pressure range, shall be installed to restrict flow to the maximum design flow of the treatment unit.

c.  An accurately calibrated ultraviolet intensity meter, properly filtered to restrict its sensitivity to the disinfection spectrum, shall be installed in the wall of the disinfection chamber at the point of greatest water depth from the tube or tubes.

d.   A flow diversion valve or automatic shut-off valve shall be installed which will permit flow into the potable water system only when at least the minimum ultraviolet dosage is applied. When power is not being supplied to the unit, the valve should be in a closed (fail-safe) position which prevents the flow of water to the potable water system. THERE CAN BE NO BY-PASS OF THIS VALVE. This includes any by-pass switch built into the valve.

e.   A valve to allow sampling of the water supply prior to treatment must be installed if it is not already present.

f.   Ultraviolet radiation at a level of 2,537 Angstrom units must be applied at a minimum dosage of 16,000 microwatt-seconds per square centimeter at all points throughout the water disinfection chamber.

g.   Maximum water depth in the chamber, measured from the tube surface to the chamber, shall not exceed three inches.

17.16.3 Requirements for Chlorine Injection Systems on Water Supplies.

a.   A retention (blending) tank must be included in the installation that will allow the water to have a minimum of twenty minutes contact time with the chlorine.

b.   A valve to allow sampling of the water supply prior to treatment must be installed if it is not already present.

c.  The residual chlorine level must be maintained between 0.5 and 1.0 ppm.

(66.1) [Added 02/25/10 by Ord. No. 2010-01] Amend Chapter 17 by adding a new section 17.17 captioned "Multiple Well Systems" to read:

17.17 MULTIPLE WELL SYSTEMS

17.17.1 Well lines from multiple well systems shall be brought into the building independently and may not be interconnected outside the building.

a. The well lines shall be permanently labeled or tagged with the well tag number to readily identify from which well they emanate.

b. A check valve or other approved backflow prevention device shall be installed in each well line prior to the place where the well lines interconnect to prevent combined water from the plumbing system to flow back into the well lines.

17.17.2 Each well shall be able to be independently sampled.

a. A non-threaded sampling spigot shall be installed in each well line prior to the point where well lines are joined together to allow for independent sampling of each well.

b. Sampling spigots shall be installed at least 8 inches above the floor level.

c. Electrical controls shall allow for each well pump to be operated independently.

(67) Amend Code by adding a new Chapter 19 captioned "General Gas Regulations" to read:

CHAPTER 19 - GENERAL GAS REGULATIONS

19.1  Requirements for the installation of gas appliance and gas piping shall be in compliance with the National Fuel Gas Code Z223.1, 2009 Edition, adopted in its entirety by this section. [Amended 04/19/07 by Ord. No. 07-06; 02/25/10 by Ord. No. 2010-01]

19.1.1  Amend the National Fuel Gas Code to read: "The test pressure to be used shall be no less than 30 PSI using a 30 PSI gauge." [Amended 02/25/10 by Ord. No. 2010-01]

19.2  The National Fuel Gas Code as adopted shall not be construed so as to prevent Licensed Liquefied Gas Companies and their employees from making minor installation connections of gas appliances for domestic use. Liquefied Propane Gas installers shall have an issued propane gas certificate referred to in 12-101(e), 12-101(i)(1)(iii), 12-101(i)(2)(v), 12-301(a)(3) of the Business Occupations and Professions Article of the Annotated Code of Maryland.

19.3  Propane installations shall comply with NFPA 58 Liquefied Petroleum Gas Code, 2008 Edition. [Amended 02/25/10 by Ord. No. 2010-01]

ARTICLE III, Violations and Penalties; Unlawful Continuance

97-8. Violations and penalties.

Any person who shall violate a provision of this chapter or shall fail to comply with any of the requirements of this chapter or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official or of a permit or certificate issued under the provisions of this chapter, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.

97-9. Unlawful continuance.

Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor and liable for a fine of not more than $1,000.00 or by imprisonment not exceeding 30 days or both such fine and imprisonment. Each day that work continues in violation of the stop-work order shall be deemed a separate offense. A violation of this section shall be in addition to a violation of  97-8 of this chapter.

97-10. Citations and enforcement.

[Amended 11/21/02 by Ord. No. 02-19]

At the discretion of the Code Official, a notice of violation may be issued to any person in violation of this chapter. Such notice shall impose upon the person in violation a penalty as indicated by the Code Official, which may, at the discretion of the person receiving such notice, be paid to any agency designated by the Code Official within 72 hours in full satisfaction of the violation. In the event that such penalty is not paid within the time prescribed, a criminal charging document shall be initiated before a District Court Commissioner setting forth the nature of the violation.

ARTICLE IV, Miscellaneous Provisions

97-11. Conflicts among codes.

[Amended 01/03/02 by Ord. No. 02-01]

For the purpose of governing conflicts in this chapter as a result of differences between the various codes, the provision which gives the greatest protection to the public and the users of building, structures, or facilities and equipment shall prevail and govern. The International Residential Code shall prevail and govern Use Group R-4 on items addressed by the International Residential Code.

97-12. Official texts.

[Amended 11/21/02 by Ord. No. 02-19]

The official texts of all codes and texts adopted hereby shall be maintained by the Code Official. The Code Official may provide copies of all such texts for a charge which may be established from time to time.