Chapter 5 BUILDINGS*
ARTICLE III. ADMINISTRATION
Sec. 5-14. Permits.
No activity for which a permit application is required may commence
until a permit is issued in accordance with this section and any other
applicable laws and regulations.
(a) Permits required.
(1) Building
permits. A building permit is required for the following activities, except as
otherwise provided in subsection (b) of this section:
(A) Construction or
erection of a structure;
(B) Construction of an addition to a
structure;
(C) Altering, modifying, or improving a
structure;
(D) Demolishing, moving or removing a structure;
(E) Making a
change of use and occupancy classification as defined in the building code;
and
(F) Installing or altering any equipment which is regulated by the
building code or mechanical code.
(2) Fire permits.
(A) A permit or
license is required for those operations, facilities, trades and hazardous
materials specified in the fire prevention code.
(B) Multiple permits or
licenses. Any person carrying on two (2) or more activities for which permits or
licenses are required by the fire prevention code shall have a permit or license
for each such activity, except where facilities store, use, dispense or handle
two (2) or more hazardous materials on the premises at any one time, only one
permit shall be required which lists each such hazardous
material.
(3) Electrical permits. An electrical permit is required for the
installation, alteration, replacement or repair of electrical and communication
wiring and equipment within or on any structure or premises and for the
alteration of any such existing installation, except as otherwise set forth in
subsection (b) of this section.
(4) Plumbing permits. A plumbing permit is
required for the following activities:
(A) Installation of new inside
plumbing;
(B) Additions, alterations, or repairs and remodeling to existing
plumbing;
(C) Construction of water and sewer lines from property line to a
building;
(D) Installation of air-conditioning, refrigeration compressors,
machinery and other devices or arrangements that use water for cooling
purposes;
(E) Construction of water and sewer taps, swimming pools, aquaria,
baptistries, and similar structures;
(F) Hydronic heating equipment
installations;
(G) Water treatment equipment
installations;
(H) Replacing of fixtures or replacement of piping;
and
(I) Additions, alterations or repairs to a water service connected to
city water lines even if located outside the corporate limits of the
city.
(b) Permits not required.
(1) Building permits. Notwithstanding
the requirements of subsection (a) of this section, no building permit is
required for ordinary repairs to structures, including painting, papering,
tiling, carpeting, cabinets, counter tops, and similar finish work. Such repairs
shall not include the cutting away of any wall, partition or portion thereof,
the removal or cutting of any structural beam or load-bearing support, or the
removal or change of any required means of egress, or rearrangement of parts of
a structure affecting the egress requirements; nor shall ordinary repairs
include addition to, alteration of, replacement or relocation of any standpipe,
water supply sewer, drainage, drain leader, gas, soil, waste, vent or similar
piping, electric wiring or mechanical or other work affecting public health or
general safety.
(2) Fire prevention permits. No permit or license is
required for those quantities of materials or conditions exempted by the
applicable provisions of the fire prevention code.
(3) Electrical permits.
Notwithstanding the requirements of subsection (a) of this section, no
electrical permit is required for the following activities:
(A) Minor repair
work including, but not limited to, the replacement of broken lamps, circuit
breakers and fuses; repairing or replacement of switches, lamp sockets,
ballasts, drop cords, receptacles, bulbs; taping bare joints; and replacing
lighting fixtures to existing connections.
(B) The connection of approved
portable electrical equipment to approved, permanently-installed
receptacles.
(C) The installation, alteration or repair of electrical
equipment of a regulated public utility for its use in the generation,
transmission, distribution or metering of electricity.
(D) The installation
of a temporary system required for the testing or servicing of electrical
equipment or apparatus.
(E) Removal of electrical wiring in the total
demolition of a structure.
(F) The installation of electrical components
used in connection with the installation or reinstallation of partition systems
listed in published reports of inspected electrical equipment by the
Underwriters Laboratories, Inc. (UL).
(G) Electrical work where the total
cost of materials, equipment, labor, overhead and profit is less than one
hundred dollars ($100.00). This exception does not include the installation or
modification of an electric service.
(4) Plumbing permits. A plumbing permit
is not required for the following activities:
(A) Replacement or repair of
dishwasher, lawn faucets, and resetting water closets;
(B) Installation,
replacement or repair of water control or flushing device for any water closet,
faucets, traps, air gaps, waste and overflows, P-O plugs, garbage disposals,
pressure reducing valves, saddle valves one-eighths inch, domestic ice makers,
and humidifiers;
(C) Repairing or maintenance of fixtures provided there is
no interference thereby with the original design or construction.
(c) Permit
applications.
(1) The application for a permit shall be submitted in such
written form as the department prescribes and shall be accompanied by the
required fee as established by the mayor and board of aldermen by ordinance or
resolution.
(2) The application for a permit shall be made by the owner or
lessee of the building or structure; by the agent of either; by the registered
design professional employed in connection with the proposed work; or by any
other licensed person authorized or required to apply by the technical codes. If
the application is made by a person other than the owner, it shall be
accompanied by an affidavit of the owner certifying that proposed work is
authorized by the owner and that the applicant is authorized to make such
application. The full names and addresses of the owner, lessee, applicant and
the responsible officers, if the owner or lessee is a corporate body, shall be
stated in the application.
(3) Every permit application shall, to the extent
applicable:
(A) Contain a general description of the proposed
work.
(B) Provide the specific street address of the proposed
work.
(C) Further identify the location of the proposed work if in a portion
of a structure.
(D) State the occupancy of the structure and for which the
proposed work is intended.
(E) State the total valuation of the work for
which application is made.
(F) Be signed by the applicant or when required,
by the licensed holders.
(G) State the name, address and license number of
licensed contractor(s) who will perform work under the permit. Provide the
business privilege license numbers of contractors, design professionals, agents,
owners, lessors, etc., as appropriate to the application.
(H) Give such
additional information as required by the department.
(4) Applications for a
building permit shall be accompanied by four (4) sets of construction documents.
Plans shall be drawn to scale and shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail that it will
conform to the provisions of the technical codes and all applicable standards,
regulations and ordinances. The department is authorized to establish plan
submission standards and to waive any or all of the requirements for filing
construction documents when the scope of the work so dictates. When the quality
of the materials is essential for conformity to the technical codes, specific
information shall be given to establish such quality, and the code shall not be
cited, nor shall the term “legal” or its equivalent be used as a
substitute for specific information.
(5) Construction documents shall
include adequate details of structural, mechanical and electrical work,
including computations, diagrams and other essential technical data as
determined by the code official. The construction documents for new
construction, alteration, repairs, expansion, addition or modification for
buildings or structures required for a permit application shall be prepared by a
registered design professional consistent with the professional registration
laws of the State of Maryland. The construction documents shall include the name
and address of the registered design professional and shall be signed, sealed
and dated by the registered design professional in accordance with the
professional registration laws of the State of Maryland.
(6) In the case of
new construction, additions and demolition, the building permit applications
shall be accompanied by a site plan showing to scale the size and location of
all new construction and all existing structures on the site, distances from lot
lines, the established street grades and the proposed finished grades; and it
shall be drawn in accordance with an accurate boundary line survey. In the case
of demolition, the site plan shall show all construction to be demolished and
the location and size of all existing structures and construction that are to
remain on the site or plot.
(7) Subject to the limitations of subsection
(c)(8) of this section, amendments to a plan, application or other records
accompanying the same, shall be filed at any time before completion of the work
for which the permit is issued. Such amendments shall be deemed part of the
original application and shall be filed therewith and requisite fees
paid.
(8) An application for a permit for any proposed work shall be deemed
to have been abandoned six (6) months after the date of filing, unless such
application has been diligently prosecuted or a permit shall have been issued;
except that the code official may grant one or more extensions of time for
additional periods not exceeding ninety (90) days each if there is reasonable
cause.
(d) Action on permit applications.
(1) The code official shall
examine or cause to be examined all applications for permits required by this
article and amendments thereto. If the application or the construction documents
do not comply with the requirements of all pertinent laws, the code official
shall reject such application in writing, stating the reasons therefore. If the
code official is satisfied that the proposed work complies with the requirements
of this article and any applicable technical code and any other applicable laws,
the code official shall issue a permit for the proposed work. No permit shall be
issued until all applicable fees have been paid.
(2) Any permit issued shall
become invalid if the authorized work is not commenced within six (6) months
after issuance of the permit, or if the authorized work is suspended or
abandoned for a period of six (6) months after the time of commencing the work.
The code official may for reasonable cause extend the time for commencing the
work for a period not exceeding six (6) months upon written request of the
permittee. No permit shall be extended more than once. In order to proceed with
the work authorized by an expired permit, a new permit shall be
obtained.
(3) Neither this section and the technical codes shall not require
changes in the construction documents, construction or designated use group of a
building for which a lawful permit has been heretofore issued or otherwise
lawfully authorized, and the construction of which has been actively prosecuted
within ninety (90) days after the effective date of the applicable code(s) and
is completed with dispatch.
(4) The code official shall affix a signature of
approval to each approved application and/or permit in accordance with
procedures of the department.
(5) Upon approval, the code official shall
stamp or endorse in writing “Approved” on two (2) sets of
construction documents, unless otherwise specified.
(6) The approved sets of
construction documents shall be distributed as follows:
(A) One set shall be
retained in the records of the building department according to the established
retention schedule.
(B) One set shall be returned to the applicant. This set
shall be retained by the applicant at the construction site and shall be
available for inspection by the appropriate inspection
agency.
(7) Construction documents approved by the department are approved
with the intent that such construction documents comply in all respects with
this article and the applicable codes. Any omissions or errors on the
construction documents do not relieve the applicant or other responsible persons
of having to comply with all applicable requirements of this Code, or any other
applicable law.
(8) The code official is authorized to issue a permit for
the construction of foundations before the construction documents for the entire
structure have been submitted provided that appropriate construction documents
and any other required documentation have been filed and approved by the
appropriate agencies. A permit shall not be issued until all applicable fees
have been paid.
(9) Issuance of a foundation permit for a structure shall be
the basis for issuance of plumbing and electrical permits for such work below
grade.
(e) Permit requirements and conditions.
(1) The owner of a
structure for which a foundation and related permits have been issued shall
proceed at the owner’s risk without assurance that a permit for the entire
structure will be granted. Issuance of a foundation permit shall not be
construed to establish vested rights to the building or related permits on the
part of any party to the construction project.
(2) Permit documents,
approved construction drawings, site plans, or other documents pertinent to the
permit shall be kept on the premises designated therein at all times and shall
be readily available for inspection by the applicable inspection agency. A true
copy of permits authorizing construction activity shall be posted on the site of
the operations, open to public inspection during the entire time of the
performance of the work for which the permit has been issued. The permit
placard, issued with the building permit, shall be posted on the site, visible
from the public way.
(3) A permit shall not be issued until the
all-applicable fees have been paid. A permit is license to proceed with the work
and shall not be construed as authority to violate, cancel or set aside any of
the provisions of this article or the technical codes, except as specifically
stipulated by legally granted variance.
(4) All work shall conform to the
approved application and the approved construction documents for which the
permit has been issued and any approved amendments to the approved application
or the approved construction documents. Permits are not transferable except by
application to the department.
(5) All new work shall be located strictly in
accordance with the approved final site plan. (Ord. No. G-05-18, § 13,
12-19-05)
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