Last Update: 061005

[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 2-12-1996 by Ord. No. 1996-1. Amendments noted where applicable.]

§ 37-1. Purpose.

The purpose of this chapter is to comply with the request of the State of Maryland that municipalities within the State of Maryland adopt a building code, which request is more particularly set forth in Title 6, Building and Material Codes, §§ 6-101 through 6-406 of Article 3B of the Annotated Code of Maryland, 1995 Replacement Volume.

§ 37-2. Adoption of Building Code.

A certain document, which is on file in the office of the Code Enforcement Officer of the Town of Berlin, being marked and designated as "The BOCA National Building Code, Twelfth Edition, 1993," as published by the Building Officials and Code Administrators International, Inc., is hereby adopted for reference as the Building Code of the Town of Berlin, Maryland, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Building Code 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 § 37-3 of this chapter.

§ 37-3. Additions, insertions and changes.

The following sections of the BOCA Code are hereby revised as follows for the purposes of this chapter:

1. Amend Chapter 1 as follows:
1. Section 101.1. Add "Town of Berlin, Maryland."
2. Section 112.3.1. Add "As set by the Mayor and Council by resolution from time to time."
3. Section 116.4 reworded as follows:

Section 116.4 Violation Penalties: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof 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 code shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

4. Section 117.2 reworded as follows:

Section 117.2 Unlawful continuance: Any person who shall continue 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, punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

5. Section 120.5 reworded as follows:

Section 120.5 Costs of emergency repairs: Cost incurred in the performance of emergency work, unless paid in full by the property owner within 30 days after the same is billed by the Town Treasurer, shall be a lien on the property and shall draw interest from and after said 30 days at the rate of 1 1/2% per month or fraction of a month, and the cost thereof, if not paid, shall be added to the next annual tax bill of each said owner.

6. Section 121.1. Add:

Section 121.1. Application for appeal: The appeal shall be filed within 10 days after the date the decision is served on the person.

7. Section 121.2 reworded as follows:

Membership of Board: The Board of Appeals shall consist of the members of the Housing Board of Review as set forth in § 60-12 of the Berlin Code.

8. Section 121.2.1, Qualifications, is deleted.
9. Section 121.2.2, Alternate members, is deleted.
10. Section 121.4.1 reworded as follows:

Section 121.4.1 Procedure. The provisions of the Berlin Housing Code relating to hearings shall be applicable to notices and orders issued under this code. Any appeal shall stay the action of the code official except during emergency measures.

2. Amend Chapter 29 as follows:
1. Section 2901.1 Scope. Add "In accordance with Chapter 77 of the Berlin Code, all plumbing shall conform to the requirements of the Worcester County Plumbing Standards adopted by reference as the Plumbing Code and Regulations for the Town of Berlin, Maryland."
3. Amend Chapter 27 as follows:
1. Section 2701.1 Scope. Add "In accordance with Chapter 46 of the Berlin Code, all electrical work shall conform to the requirements of the Worcester County Electrical Standards adopted by reference as the Electrical Code and Regulations for the Town of Berlin, Maryland."

§ 37-4. Repealer.

Chapter 38, Building Permits, and Chapter 42, Dangerous Dwellings, of the Berlin Code are hereby repealed.

§ 37-5. Saving clause.

Nothing in this chapter or in the Building Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or the rights acquired or liability incurred or any cause or causes of action acquired or existing, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.