Chapter 58. Maryland Building Rehabilitation Code Regulations

The purpose of this chapter is to adopt the International Existing Building Code (IEBC), as described in this chapter, to encourage the continued use or reuse of legally existing buildings and structures.

This chapter applies to all rehabilitation projects for which a construction permit application is received after the effective date of this chapter by:

The 2021 International Existing Building Code (International Code Council), as described in this chapter, is incorporated by reference.

The International Existing Building Code, as incorporated by reference under §A of this regulation and described in this chapter, shall constitute the Maryland Building Rehabilitation Code.

Modifications to the International Existing Building Code.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

The enforcement and administration of this chapter shall be the responsibility of local jurisdictions, using existing procedures.

Refer to each local jurisdiction for the local administrative and enforcement procedures described in Chapters 1 and 15 of the IEBC.

If a building permit is required for a complex rehabilitation project involving multiple codes, at the request of the prospective permit applicant, after payment of a fee, if required, and before the submission of the construction permit application, the authority having jurisdiction, or the authority's designee, and individuals who are agency representatives in accordance with §B of this regulation, shall meet with the prospective applicant to discuss plans for any proposed work or change of occupancy under this chapter before the application for the permit is submitted.

The preliminary meeting, to the extent possible, shall include the officials responsible for permit approval and enforcement in the following areas, as may be applicable to the rehabilitation project:

When possible, a single meeting of all the parties shall be arranged.

The purpose of the preliminary meeting is for the prospective applicant to present its intentions for the proposed work to the responsible code officials so that together they can determine which specific requirements of this chapter and the codes listed in §B of this regulation are to be applied to the proposed project.

Decisions made at the preliminary meeting regarding the specific requirements of this chapter and the codes listed in §B of this regulation that are to be applied to the proposed project are binding on the prospective applicant and the code officials, their respective agencies, and local jurisdictions unless circumstances arise that were unknown or could not be ascertained by the prospective applicant at the time of the preliminary meeting.

For a rehabilitation project or portion of a project that is in the repair, renovation, or modification category of work, a preliminary meeting may be granted at the discretion of the authority having jurisdiction when a request for a preliminary meeting is made by the prospective applicant before the submission of the construction permit application.

Advise the Department on development, adoption, and revisions to this chapter;

Provide technical advice on the interpretation of this chapter to property owners, design professionals, contractors, local jurisdiction code officials, and local jurisdiction code appeal boards;

To the extent possible, develop this chapter in a way that avoids increased costs to local jurisdictions arising from implementation of this chapter; and

To the extent provided for in the State budget, provide training on this chapter to code officials and other public and private construction-related professionals.

A local government or an organization that represents a local government may propose an amendment to this chapter that will be applicable statewide.

Proposed Amendment. A proposed amendment shall:

Within 10 business days of receipt, the Director shall forward a proposed amendment to the Advisory Council and provide a copy to the Secretary.

The Advisory Council shall consider a proposed amendment not later than at its next regular meeting that is at least 30 days after the Director forwards a proposed amendment.

The Advisory Council may request additional information from:

Within 120 days of receipt by the Advisory Council of a proposed amendment or any requested additional information, whichever is later, the Advisory Council shall make a recommendation to the Secretary on whether to adopt, modify, or reject a proposed amendment.

The Secretary shall decide whether to adopt, modify, or reject a proposed amendment and whether to adopt any change to this chapter necessary to implement that decision in accordance with the Administrative Procedure Act.

Subject to Public Safety Article, §12-1007(d), Annotated Code of Maryland, a local jurisdiction may adopt amendments to the IEBC that apply only to the local jurisdiction without submitting the amendments to the Advisory Council for approval.

A local jurisdiction that amends the IEBC shall provide a copy of the amendment to the Department: