This chapter shall be known and cited as the 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: A local jurisdiction; The Maryland-National Capital Park and Planning Commission; or The Washington Suburban Sanitary Commission. 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. Chapter 1. Add note to Chapter 1 of the IEBC: Local jurisdictions are responsible for the implementation and enforcement of the Maryland Building Rehabilitation Code. Refer to each local jurisdiction for local amendments to Chapter 1 of the IEBC. Chapter 1. Delete Section 101.6 Appendices and replace with the following: 101.6 Appendices. The Appendices A and C and Resource A are adopted as part of this code. Chapter 2. Delete the definition of Addition in Section 202 and replace with the following: Addition has the meaning stated in Public Safety Article, §12-1001(b), Annotated Code of Maryland. Chapter 2. Delete the definition of Change of Occupancy in Section 202 and replace with the following: Change of Occupancy has the meaning stated in Public Safety Article, §12-1001(c), Annotated Code of Maryland. Chapter 2. Delete the definition of Existing Building in Section 202 and replace with the following: Existing Building has the meaning stated in Public Safety Article, §12-1001(f), Annotated Code of Maryland. Chapter 3. Delete Section 306 and replace with the following: COMAR 09.12.53 shall be referenced for minimum requirements in providing accessibility and usability of buildings and facilities by individuals with disabilities. In this chapter, the following terms have the meanings indicated. Terms Defined. “Advisory Council” means the Maryland Building Rehabilitation Code Advisory Council established by Public Safety Article, §12-1003, Annotated Code of Maryland. “Complex rehabilitation project involving multiple codes” means a rehabilitation project or portion of a project that involves two or more construction codes listed in Regulation .06B of this chapter and is in: One of the following categories of work: Addition; Change of occupancy; or Reconstruction; or Any category of work and involves the installation of sprinklers. “Construction permit application” means an application made to a local jurisdiction for a permit or other governmental approval for a rehabilitation project. “Department” means the Maryland Department of Labor. “International Existing Building Code (IEBC)” means the International Existing Building Code, as incorporated by reference under Regulation .03 of this chapter. “Local jurisdiction” means any of the 23 counties in Maryland, the City of Baltimore, and any municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution. “Minimum Livability Code” means COMAR 09.12.54, exclusive of any local amendments or codes that may have been adopted. “Secretary” means the Secretary of Labor. 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: Building code; Mechanical code; Plumbing code; Electrical code; Fire code; Boiler code; Energy code; Elevator code; and Local historic preservation ordinances. 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. The responsibilities and duties of the Advisory Council are as follows: 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: Be submitted in writing to the Director of the Advisory Council; Identify the section or sections of this chapter involved; and Include proposed deletions or additions to this chapter, the reasons for the request, and any supporting documentation. 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: The local government or organization proposing an amendment; Staff of the Department; Other State agencies; or Others with experience in the subject matter of a proposed amendment. 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: At least 15 days before the effective date of the amendment; or Within 5 days after the adoption of an emergency local amendment. Public Safety Article, §§12-1004 and 12-1007(a), Annotated Code of Maryland Effective date: June 1, 2001 (28:10 Md. R. 946) Regulations .01—.09 repealed and new Regulations .01—.13 adopted effective July 16, 2007 (34:14 Md. R. 1245) Regulation .03 amended effective July 1, 2010 (37:13 Md. R. 851) Regulation .04B amended effective July 1, 2010 (37:13 Md. R. 851) Regulations .01—.13 repealed and new Regulations .01—.08 adopted effective April 1, 2013 (40:6 Md. R. 472) Regulation .03 amended effective April 11, 2016 (43:7 Md. R. 448) Regulation .04B amended effective April 11, 2016 (43:7 Md. R. 448) Chapter recodified from COMAR 05.16.01 to COMAR 09.12.58 effective March 25, 2019 (46:6 Md. R. 345) Regulation .03 amended effective June 29, 2020 (47:13 Md. R. 641); May 29, 2023 (50:10 Md. R.407) Regulation .04B amended effective March 25, 2019 (46:6 Md. R. 345); May 29, 2023 (50:10 Md. R.407)