Article II. Administration.

Applications and permits. He shall receive applications and issue permits for the erection and alteration of buildings and structures and inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Chapter;

Building notices and orders. He shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exitway facilities in existing buildings and structures and to ensure compliance with all the code requirements for the safety, health and general welfare of the public;

Inspections. The Director must make all the required inspections or may accept reports of inspection by authoritative and recognized services or individuals, and all reports of those inspections must be in writing and certified by a responsible officer of the authoritative service or by the responsible individual; or the Director may engage expert opinion as necessary to report upon unusual technical issues that may arise, subject to the approval of the appointing authority. On the request of the Director of Housing and Community Affairs, under the authority of Chapter 26, the Director must investigate complaints of defects in construction that may violate Chapter 26.

Research and investigations. The Director must investigate new developments in the building industry. Subject to local climatic or other conditions, the Director must accredit tests meeting the functional requirements of this Chapter conducted by accredited authoritative agencies listed in applicable regulations. The Director also may accept duly authenticated reports from the International Code Council, Inc., or from recognized authoritative sources of all new materials and methods of construction proposed for use which are not specifically provided for in this Chapter. The costs of all tests or other investigations required under this subsection must be paid by the applicant.

Department records. He shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. File copies of all papers in connection with building operations shall be retained in the official records so long as the building or structure to which they relate remains in existence; and

Hearings. Prior to the issuance of notices, orders and permits hereunder, the Director may, upon request, provide all interested parties with an opportunity for hearing after reasonable notice as specified in Section 8-15(c) of this Chapter. The notice shall state the time, place and issues involved. If the Director holds a hearing on a decision of the Department, the time for appeal to the Board of Appeals shall be stayed until a decision is made by the Director or until the Director has acted on a request for reconsideration, if any. A copy of the Director's decision or order shall be delivered or mailed promptly to each party to the hearing or to that party's attorney of record. Any party to a hearing conducted by the Director may, within ten (10) days following a decision by the Director, request in writing that the Director reconsider such decision;

Annual report. At least annually, the Director shall compile a written statement of all permits and certificates issued, orders promulgated and materials approved. Interim reports shall be submitted as required.

The Director may recommend regulations for the administration of this Chapter including a schedule of fees and may, at the Director’s discretion, hold public hearings as part of this regulation-making process. Regulations, as amended, must not conflict with or waive any provisions of this Chapter. Such regulations must be at least as restrictive as the requirements of this Chapter. All regulations must be adopted by the County Executive under Method (2) of Section 2A-15. The County Executive must promptly forward to the County Council a copy of any new fee schedule for use in budgetary planning activities. Such fees may be based on area, estimated cost of construction, or a minimal set fee per category. The budget estimate of all fees must be equal to the cost of administering this Code.

The Director must hold at least one public hearing, after adequate public notice, before recommending to the Executive any regulations adopted under this Chapter. All regulations, related to the construction or demolition must be based on the latest edition of the ICC International Building Code and any local amendments to that Code.

The edition of the ICC International Building Code designated under Section 8-13 is the basic County building code. The construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures or parts thereof, on-site access facilities to buildings and structures, and their service equipment must meet the standards and requirements in that Code, or as amended under Section 8-13.

The closure of any private road must meet the standards and requirements of Chapter 22 and Chapter 49.

In this section, "County building" means any building for which the County government finances all or part of the cost of construction.

All County buildings contracted for design after September 1, 1985, must meet the energy performance standards required under this section.

The County Executive must adopt regulations under method (2) to establish:

The Director of General Services may grant a variance or modification of an energy performance standard if:

Definitions. In this Section, the following words have the meanings indicated:

Requirements. The Office of Energy and Sustainability must:

Energy performance contracts. Each energy unit savings plan and energy cost savings plan that the Office prepares under subsection (b) must include a plan to use an energy performance contract unless the Office finds that the cost of using an energy performance contract outweighs the benefit.

Definitions. In this Section, the following terms have the meanings indicated.

Lactation room – required.

Alternative Accommodation. If the Director determines that a County building does not have a room that could be repurposed as a lactation room, at a reasonable cost, the Department must consider alternative accommodations. Alternative accommodation includes installing or creating a space for a portable lactation room or station.

Exceptions. A County building may be excluded from the requirement under subsection (b), if the building:

Regulations. The Director may promulgate Method (2) regulations to implement the requirements of this Section.

Assessment. The Department must complete, or cause to be completed, an assessment and survey of all applicable County buildings for the inclusion of a lactation room.

Reporting. The Department must report to the County Council any findings, outcomes, and progress of the assessment required under subsection (f).

Definitions. In this section, the following words have the meanings indicated:

Standards. The County Executive must issue Method (1) regulations to establish all-electric building standards for all new construction as part of the building code.

Exemptions. All-electric building standards do not apply to:

Reports.

Variances. When there are practical difficulties and undue hardship involved in carrying out structural or mechanical provisions of this chapter, the director may vary or modify such provision upon application of the owner or his representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured.

Written application. The application for modification and the final decision of the director shall be in writing on a form approved by the department, shall include the names and address of the owners of all property contiguous or opposite to the property described on said application and shall be officially recorded with the application for the permit in the permanent records of the department.

Notice of hearing. Within seven (7) days of the filing of the application provided for herein, the director shall cause to be mailed to the owners of any property contiguous or opposite to the property described in said application and, in his discretion, to other interested parties, organizations or agencies a copy of such application and the date, time and place fixed for the hearing.

Record of hearing. In all contested cases, the department shall prepare an official record, which shall include testimony and exhibits, but it shall not be necessary to transcribe the stenographic record unless requested for purposes of appeal.

When plans for the erection or alteration of a building are prepared by a licensed professional engineer or registered architect, which contemplate structural work or structural changes involving public safety or health and such plans are accompanied by an affidavit of the applicant that he has supervised the preparation of the architectural, structural and mechanical design plans and that he will supervise or check all working drawings and shop details for the construction and that the structure will be built under his field supervision and in accordance with the approved plans and that such plans conform to all the provisions of this chapter and the regulations adopted pursuant to its provisions and that all the material used in the construction will be controlled materials as defined herein, the director may waive examination of the plans and field inspection of the construction and may issue a permit for the performance of the work.

The licensed or registered professional engineer or architect shall be qualified by experience and training in the particular field of construction involved in the building project under consideration.

Before the issuance of the certificate of use and occupancy for such building, the licensed professional engineer or architect who prepared and filed the original plans and who supervised the erection of the building shall file a verified report that the structure has been erected in accordance with the approved plans; and as erected, the building complies in all respects with this chapter and all other laws governing building construction except as to the specific variations legally authorized under the provisions of this chapter and as specifically noted in the verified report and cited in the certificate of use and occupancy.

When applications for unusual designs or magnitude of construction are filed, the director may refer such plans and specifications to the plan review service of the Building Officials Conference of America for advice and recommendations as to their safety of design and compliance with this chapter; or he may, in his discretion, retain a properly qualified licensed engineer or registered architect to examine such application for a specific building operation with respect to safety and conformance to statutory requirements. Such employed licensed engineer or registered architect shall supervise the construction in the field to secure compliance with the approved plans and permit; and upon completion of the work, he and the builder shall file with the director a verified report to the effect that the building has been erected in accordance with accepted engineering practice and in conformity to all the statutory provisions governing building construction for the designated use group classification of the building or structure in respect to use, fire grading, floor and occupancy loads.

Preliminary inspection. Before issuing a permit, the director may examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use thereof; and he may conduct such inspections from time to time during and upon completion of the work for which he has issued a permit; and he shall maintain a record of all such examinations and inspections and of all violations of this chapter.

Accredited inspection services. The director may accept reports of his own inspectors or of approved inspection services which satisfy his requirements as to qualifications and reliability.

Plan inspection. When required by the provisions of this chapter materials or assemblies shall be inspected at the point of manufacture or fabrication.

Inspection reports. All inspection reports shall be in writing and shall be certified by the approved inspection service, or responsible officer of the service or the individual when expert inspection services are accepted. A label or mark of approval permanently fixed to the product indicating that factory inspection has been made shall be accepted in lieu of the aforesaid report in writing.

Final inspection. Upon completion of the building or structure and before issuance of the certificate of use and occupancy as required by this chapter, a final inspection shall be made and all violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the violations.

Generally. In the discharge of his duties, the director or his authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises in the county for which a permit has been issued to enforce the provisions of this chapter.

Municipal cooperation. The assistance and cooperation of police, fire, and health departments and all other county officials shall be available to him as required in the performance of his duties.

Vacating buildings. When, in the opinion of the director there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the director is hereby authorized and empowered to order and require occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows:

Temporary safeguards. When, in the opinion of the director there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.

Closing streets. When necessary for the public safety, the director may temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe buildings and prohibit the same from being used.

Emergency repairs. For the purposes of this section the director shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

Costs of emergency repairs. Costs incurred in the performance of emergency work shall be charged to the owner of the property in the manner of taxes and such cost shall constitute a lien on the property.

In addition to the other provisions set forth in this chapter, whenever the director determines that work on a building or structure is being prosecuted in violation of the provisions of this chapter or chapter 31B, "Noise Control," including those conditions upon which the permit has been issued or in a manner which threatens the safety, health and welfare of the public, the director may order the work to be immediately stopped.

The stop work order described herein shall be issued by the director in writing and served upon the owner of the property involved or his agent or to the person doing the work.

It shall be unlawful for any person to continue or permit the continuance of work in or about a building after having been served with a stop work order, except such work as he is directed to perform to remove a violation or unsafe condition.

building, altering, or repairing a building or structure in violation of an approved plan; or

violating an order of the Director or any condition of an approved plan, permit, or certificate issued under this Chapter.

Any person aggrieved by the issuance, denial, renewal, amendment, suspension, or revocation of a permit, or the issuance or revocation of a stop work order, under this Chapter may appeal to the County Board of Appeals within 30 days after the permit is issued, denied, renewed, amended, suspended, or revoked or the stop work order is issued or revoked. A person may not appeal any other order of the Department, and may not appeal an amendment of a permit if the amendment does not make a material change to the original permit. A person must not contest the validity of the original permit in an appeal of an amendment or a stop work order.

After notice and hearing, the Board may affirm, remand, modify, or reverse the action of the Department.

Any party may seek judicial review of a decision of the Board under Section 2-114.