ORDINANCE _________

               BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY

       AN ORDINANCE TO REPEAL, AND RE-ENACT CERTAIN SECTIONS OF CHAPTER 200, BUILDING CONSTRUCTION, OF THE CECIL COUNTY CODE SO AS TO REPLACE THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE WITH THE 2006 INTERNATIONAL BUILDING AND 2006 INTERNATIONAL RESIDENTIAL CODES AS ADOPTED BY THE INTERNATIONAL CODE COUNCIL AND THE STATE OF MARYLAND AS THE APPLICABLE BUILDING CODES TO BE APPLIED TO BUILDING CONSTRUCTION IN CECIL COUNTY, MARYLAND.

       WHEREAS, Article 25, Section 10 of the Annotated Code of Maryland grants to the Board of County Commissioners the power to adopt codes to regulate building construction within the county as well as the authority to amend said codes.

       WHEREAS, the Board of County Commissioners has determined that the 2003 International Building and Residential Codes should be replaced with the recently adopted 2006 International Building and 2006 International Residential Codes approved by the International Code Council and the State of Maryland, with certain revisions thereto as set forth herein.

       NOW THEREFORE, be it enacted and ordained that Chapter 200, Section 1, 2, BUILDING CONSTRUCTION, of the Code of Cecil County is hereby repealed in its entirety and re-enacted to read as follows:

Section 200-1        Adoption of standards by reference.

A.     A certain document copies of which are on file in the office of the Board of County Commissioners of Cecil County and in the Department of Permits and Inspections, being marked and designated as the 2006 International Building Code (IBC) and the  International Code Council, Inc., is hereby adopted as the Building Code of Cecil County, Maryland, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the 2006 International Building Code (IBC) and International Code Council, Inc., are hereby referred to adopted and made a part hereof as if fully set out in this chapter, with additions, insertions, deletions and changes, if any, prescribed in Section 200-2 of this chapter.

B.     Further, the document marked and designated as the 2006 International Residential Code and International Code Council, Inc., be and the same is hereby adopted as an addition to the Building Code of Cecil County, Maryland, and each and all regulations and provisions and terms of the said 2006 International Residential Code and International Code Council, Inc., are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 200-2 of this chapter.

C.     In addition to the codes listed in A&B above, local jurisdictions are responsible for the implementation and enforcement of the Maryland Building Performance Standards.

Section 200-2.    Amendments, additions and deletions.

   A. The following sections of the International Building Code/2006 are hereby revised

      as follows;

1.    Section 101.1 - Insert - Cecil County (Name of Jurisdiction).                                  Add -  In addition to the International Building Code                       (IBC), local jurisdictions are responsible for the

                               implementation and enforcement of the Maryland Building                                   Performance Standards.

          2. Section 101.2   - Delete exception in its entirety.

                               Insert:

                               Exception # 1 - Detached one and two family

                               dwellings and multiple single family (townhouses) not more

                               than three stories above grade plane in height with a

                               separate means of egress and their accessory structures

                               shall comply with the International Residential Code.

                               Exception # 2 - existing buildings undergoing repair,

                               alterations or additions, and change of occupancy shall

                               comply with the Maryland Rehabilitation Code set forth in

                               COMAR Title 5, Subtitle 16.

          3. Section 101.2.1 - Delete Entire Section,

                               Insert - 101.2.1 Appendices: Provisions in Appendix C,

                               Group U - Agricultural Buildings; Appendix F, Rodent

                               Proofing; Appendix H, Sign; and Appendix I, Patio Covers

                               are adopted as part of the IBC. Provisions in other

                               appendices within the code do not apply unless specifically

                               adopted by authorities having jurisdiction.

4.Section 101.4.1 - Delete ICC Electrical Code,

                    Insert NEC National Electrical Code.

5.Section 101.4.4 - Delete International Plumbing Code,

                    Delete International Private Sewage Disposal Code

                    Insert National Standard Plumbing Code Illustrated.

          6. Section 105.2 Work exempt from permit.

                               Delete (1) One story detached accessory structures used as

                               tool and storage sheds, playhouses and similar

                               uses, provided the floor area does not exceed 120 square

                               feet.

          7. Section 105.2 Work exempt from permit.

                             (ADD) # 14 and # 15

                              # 14 - Replacement or repair of roofing shingles, membranes,

                                and flashings but only if the work does not include any

                                alteration or replacement of structural members.

                                structural components.

                              # 15 - Replacement or repair of windows and doors, but only

                                if the new windows or doors have the same dimensions as

                                the original windows or doors and the work does not

                                include any alteration or replacement of structural

                                members.

          8. Section 109.3.3 Delete - building official.

                             Insert - Zoning Administrator.

          9. Section 110.3 - Delete - Entire Section.

                             Insert - The Department of Permits and Inspections is

                             authorized to issue a Temporary Certificate of Use and

                             Occupancy before the completion of the entire work covered by

                             the permit, provided that such portion or portions shall be

                             occupied safely. A temporary Certificate of Occupancy may be

                             issued by the Director of Permits and Inspections after

                             receipt of a notarized statement from the Builder/Applicant

                             and the prospective purchaser or lessee reciting the work

                             remaining to be completed and the schedule for the completion

                             of the work. The statement shall also include the right of

                             entry for the Builder/Applicant for the purpose of performing

                             the work and granting the County a right of entry for

                             inspection of the work. The Temporary Certificate of

                             Occupancy will only be issued upon receipt of conditional

                             approval by the Department of Public Works, approval of the

                             Electrical Department, the Fire Marshal, if necessary and

                             notification of the status of water test from the Health

                             Department.  Town approval is also required if the property

                             is located within the Town limits of any incorporated

                             municipality within the County. The certificate shall

                             have a specific time limit and will not be valid for more

                             than 180 days maximum unless extended by the Director of

                             Permits and Inspections in writing. Fees will be established

                             and assessed by the Department for the Temporary Certificate.

                             No builder/contractor may have more than three active

                             Temporary Occupancy permits at the same time.

         10. Section 501.2 - Delete - Entire Section - Address Numbers. (See Section

                              200-7 of this Code.)

         11. Section 504.2 - Delete the first paragraph Automatic sprinkler systems,

                             Insert - 504.2 Automatic sprinkler increase. For buildings

                             protected throughout with an approved automatic sprinkler

                             system installed in accordance with Section 903.3.1.1, the                                value specified in Table 503 maximum height is increased by

                             20 feet (6096mm) and the maximum number of stories is

                             increased by one story.  These increases are permitted in

                             addition to an area increase in accordance with Sections

                             506.2 and 506.3. When the building is equipped

                             throughout with an automatic sprinkler system installed in

                             accordance with Section 903.3.1.2 for Groups R-1, R-2, and R-

                             4, and in accordance with Section 903.3.1.3 for Group R-3,

                             the building height limitations specified in Table 503 are

                             increased one story and 20 feet (6096mm) but may not exceed a

                             height of four stories and 60 feet (18288mm) above the grade

                             plane. These increases are permitted in addition to the area

                             increase.

         12. Section 705.6 - (ADD) Exception #6. In Groups R-2 and R-3 as applicable in

                             Section 101.2 walls are permitted to terminate at the roof

                             sheathing or deck in Type III, IV, and V construction if:

                                 6.1 - The roof sheathing or deck is constructed of                                        approved noncombustible materials or of fire retardant

                                 treated wood for a distance of 4 feet (1220mm) on both

                                 sides of the wall, or

                                 6.2 - The building is equipped throughout with an

                                 automatic sprinkler system installed in accordance with

                                 Section 903.3.1.1 or 903.3.1.2 for Group R-2, and

                                 903.3.1.1, 903.3.1.2 or 903.3.1.3 for Group R-3, or

                                 6.3 All of the following:

                                   6.3.1 The roof is protected with 5/8 inch (15.9mm)

                                         Type X gypsum board directly beneath the

                                         underside of the roof sheathing or deck,

                                         supported by a minimum of 2 inch (51mm) ledgers