Subject
title
Adoption of an Ordinance, as amended, to Retitle and Amend Chapter 5 of the Rockville City Code Entitled “Buildings and Building Regulations,” by Adopting with Certain Additions, Deletions, and Amendments the ICC International Building Code, (2021 Edition), the ICC International Residential Code, (2021 Edition), the NFPA 70 National Electrical Code (2023 Edition), the ICC International Energy Conservation Code (2021 Edition), the ICC International Fuel Gas Code (2021 Edition), the ICC International Mechanical Code (2021 Edition), the ICC International Plumbing Code (2021 Edition), the ICC International Property Maintenance Code (2021 edition), the ICC International Existing Building Code (2021 Edition), and by Making Other Minor Technical Changes
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Department
CPDS - Inspection Services
Recommendation
Staff recommends that the Mayor and Council adopt the proposed ordinance to retitle and amend Chapter 5 of the Rockville City Code.
Change in Law or Policy
The proposed ordinance will update the building and property maintenance codes in the City of Rockville by adopting current versions of the model codes published by the International Code Council (ICC) and the National Fire Protection Association (NFPA).
Discussion
Revisions Since Introduction
Following feedback received from the Mayor and Council, members of the public, and further internal review of the initial draft, there are several minor edits and revisions proposed since the introduction.
• Article V - Basic Building Code
o Section 105.2 Work Exempt from Permit.
§ The exemption for single-story prefabricated structures accessory to one- and two-family dwellings is included here as well. There are some townhouses that, by virtue of height, are regulated by Article V instead of Article VI. This ensures that the intent remains the same regardless of whether a townhouse is three stories or more. This is a staff recommendation following additional review.
§ The exemption for fences not over 7 feet high is proposed to be retained. This was meant to be included in the introduction draft and was erroneously excluded. Fences are addressed in the city’s zoning ordinance, and as such staff feels there is no need to require a building permit for fences up to 7 feet in height.
§ The exemption pertaining to swings and play structures accessory to one- and two-family dwellings is revised to include townhouses. This is a staff recommendation following additional review.
§ The language pertaining to roof and siding replacements has been modified to clarify what work does and does not require a building permit. This is in response to public feedback.
§ The exemption for patios/decks not exceeding 7-3/4” (proposed) is revised to clarify that this exemption applies only to such structures when they are accessory to one- and two-family dwellings, including townhouses. This is a staff recommendation following additional review.
§ The exemption for drywall removal and replacement is revised to clarify that this only pertains to detached single-family dwellings, and only when the drywall is not part of a fire-resistance-rated assembly. This is a staff recommendation following additional review.
o Section 1101.2.2 Conflicts.
§ The language of this section was revised per feedback from Councilmember Van Grack. The nature of the section remains unchanged; the revision aligns the language of this section with that of comparable sections on conflicts between codes and standards.
o Section 5-88 Adoption of the Maryland Accessibility Code
§ This section is proposed to be deleted as it is duplicative with (proposed) section 1101.2. This is a staff recommendation following additional review.
• Article VI - One- and Two-Family Dwelling Code
o Section R105.2 Work Exempt from Permit.
§ The exemption for fences not over 7 feet high is proposed to be retained. This was meant to be included in the introduction draft and was erroneously excluded. Fences are addressed in the city’s zoning ordinance, and as such staff feels there is no need to require a building permit for fences up to 7 feet in height.
§ The exemption pertaining to swings and play structures accessories is proposed to be retained as published in the IRC. The local amendment may inadvertently exclude townhouses from this exemption. This is a staff recommendation following additional review.
§ The language pertaining to roof and siding replacements has been modified to clarify what work does and does not require a building permit. This is in response to public feedback.
§ The exemption for drywall removal and replacement is revised to clarify that this only applies when the drywall is not part of a fire-resistance-rated assembly. This is a staff recommendation following additional review.
o Section R322.1 General. (Flood-Resistant Construction)
§ Language is included to reference Chapter 10 of the city code, pertaining to construction occurring in floodplains. This does not change any requirements. This is a staff recommendation from DPW.
• Article VIII - Energy Conservation Code
o Section C405.14.2 Reductions. (EV-Charging Spaces)
§ Item #4 was modified to clarify that EVSE-Installed spaces above the minimum number required are able to be counted toward the minimum required number of EV-Ready or EV-Capable spaces. This is a staff recommendation following additional review by DPW.
§ Item #5 was modified to clarify that EV-Ready spaces above the minimum number required are able to be counted toward the minimum required number of EV-Capable spaces. This is a staff recommendation following additional review by DPW.
• Article XI - Plumbing Code
o Section 5-253 Same - Exceptions and Supplemental Standards
§ Item #5, the language pertaining to tracer wires was erroneously proposed to be deleted from this item. That deletion was intended for item #6. This revision corrects that error and was noted following additional review from DPW.
§ Item #8(d), pertaining to disposal of cooling water. The language is revised to replace “without the possibility of back siphonage” with more clear language “with an approved means of backflow prevention installed.” This is a staff recommendation following additional review by DPW
• Article XII - Property Maintenance Code
o Section 302.1.2.1 Shopping Carts (NEW)
§ This section is proposed to be added by staff to address a specific issue that has been difficult to enforce. Having language will identify enforcement responsibility and actions staff can take to resolve the issue of shopping carts being left/discarded in the public right-of-way.
o Section 302.3.1.1 Snow and Ice Removal.
§ Language revised per DPW request to identify that the average accumulation measured at DCA, IAD, and BWI is used to determine a timeframe for snow removal.
o Section 302.4 Vegetation
§ This section and subsections 302.4.1, 302.4.2, and 302.4.3 are revised to consolidate and broaden the language. Staff felt the language was too concise and not easily defensible. The proposed revision deletes the three subsections, incorporating elements of each in the primary section. This is a staff recommendation following additional review by DPW.
o Section 308.3.1 Containers.
§ The language of this section is revised to delete the specific language pertaining to garbage collection. The text of the last sentence now reads “Containers placed at the curb must be removed from the right-of-way within 24 hours following collection of the garbage.” This is to identify that there may be different collection days for garbage, recycling, etc. This is a staff recommendation following additional review by DPW.
Implementation Plan
Following feedback from members of the public and the Mayor and Council, staff is proposing a delayed effective date for certain proposed amendments. This considers that there are projects which have already substantially completed the design and builds in additional time for applicants to begin incorporating new requirements in their designs. Staff carefully reviewed all proposed amendments and identified which could potentially result in substantial revisions or substantial added cost to projects that are approaching permit submittal. These sections are proposed to have a delayed effective date of December 1, 2024, if projects must still meet State minimum requirements. Staff believes this is sufficient time for the public to prepare for these additional requirements. In addition, this delay will provide time for staff to inform the code users of the significant changes and to train staff on how to administer them.
Article I - In General
• Proceed with an effective date of May 29, 2024
Article II - Reserved
• Proceed with an effective date of May 29, 2024
Article III - Numbering of Buildings
• Proceed with an effective date of May 29, 2024
Article IV - Dangerous Buildings
• Proceed with an effective date of May 29, 2024
Article V Basic Building Code
• Proceed with an effective date of May 29, 2024, except for amendments to the following sections:
o Chapter 11 and all subsections thereunder shall have an effective date of December 1, 2024
Article VI - One- and Two-Family Dwelling Code
• Proceed with an effective date of May 29, 2024
Article VII - Electrical Code
• Proceed with an effective date of May 29, 2024
Article VIII Energy Conservation Code
• Proceed with an effective date of May 29, 2024, except for amendments to the following sections, which shall have an effective date of December 1, 2024:
o C402.1.1 Low Energy Buildings and Greenhouses
o C402.1.1.1 Greenhouses
o C403.4.1.6 Demand Responsive Controls
o C404.2.1 High input service water-heating systems
o C404.10 Demand responsive water heating
o C405.2 Lighting controls
o C405.13 On-site renewable energy
o C405.14 Electric vehicle charging infrastructure
o C405.14.1 Minimum Quantity
o C405.15 Energy Storage Infrastructure
o C405.15.1 Electrical service reserved space
o C405.16 Additional electric infrastructure (Including all subsections)
o C406.1 Additional energy efficiency credit requirements
o C406.5.1 Onsite renewable energy
o R401.2.5 Additional energy efficiency
o R402.1 General
o R403.1.1 Thermostat
o R403.5.4 Demand-responsive water heating
o R404.4 Renewable energy infrastructure (Including all subsections)
o R404.5.2 Group R occupancies
o R404.6 Energy storage infrastructure (Including all subsections)
o R404.7 Additional electric infrastructure (Including all subsections)
Article IX - Gas Code
• Proceed with an effective date of May 29, 2024
Article X - Mechanical Code
• Proceed with an effective date of May 29, 2024
Article XI - Plumbing Code
• Proceed with an effective date of May 29, 2024
Article XII - Property Maintenance Code
• Proceed with an effective date of May 29, 2024
Article XIII Existing Building Code
• Proceed with an effective date of May 29, 2024, except for amendments to the following section:
o Section 306 shall have an effective date of December 1, 2024
BACKGROUND
The following background is the same as included in the April 29, 2024 staff report. The City of Rockville aims to effectively administer and enforce its building regulations using the latest codes and standards. The model codes and standards are reviewed and amended at an international level every three years. The State of Maryland adopts minimum codes and standards, with or without amendments, and permits local jurisdictions to make additional amendments to align with local conditions and policy, with some limitations. The most recent code cycle, the 2021 ICC International Codes (I-Codes), was adopted by the State on May 29, 2023, and is effective beginning May 29, 2024. At that time, the City will be required to use the 2021 I-Codes with Maryland amendments, whether local amendments have been completed or not. It is in the best interest of the City to have local amendments adopted and effective by that date.
These are internationally vetted codes that are voted on by ICC members in jurisdictions throughout the country as well as committee members. The 2021 I-Codes are absent any drastic or highly controversial changes in this cycle. As part of the overall code adoption process, each state makes changes to the I-Codes as it sees necessary. In Maryland, all changes are voted on and approved in the form of a bill by the General Assembly.
It bears acknowledgment that locally, the adoption timeline for this code cycle was significantly delayed compared to previous cycles and is now in a compressed timeline for adoption. As of May 29, 2024, the City must implement and enforce, at a minimum, the provisions of the 2021 I-Codes as adopted and amended by the State of Maryland. If Chapter 5 of the City Code is not adopted by that point, there could be complications in administering and enforcing the existing local amendments. Staff will begin review of the 2024 cycle of I-Codes before the end of this calendar year, to ensure the proposed updates for the next cycle are brought forward well before the State deadline.
Building codes and standards are the key instruments used by the Inspection Services Division (ISD) of CPDS, to carry out and fulfill the City’s mission and obligation to protect and ensure the quality of life, well-being, and sustainability for its citizens, businesses, visitors, and structures. These are the governing regulations for building design and construction standards and include administrative and technical requirements for all aspects of the permitting, review, and inspection process.
Staff proposes for adoption by the Mayor and Council an updated series of building and related codes published by the ICC, otherwise known as the I-codes or model codes. They include the following:
• International Building Code (2021)
• International Residential Code (2021)
• NFPA 70 National Electrical Code (2023)
• International Energy Conservation Code (2021)
• International Fuel Gas Code (2021)
• International Mechanical Code (2021)
• International Plumbing Code (2021)
• International Property Maintenance Code (2021)
• International Existing Building Code (2021)
• International Swimming Pool & Spa Code (2021) (as referenced)
Chapter 5- Buildings and Building Regulations
In the Rockville City Code, the Building Code is included in Chapter 5, which is divided into 14
articles as follows:
• Article I: In General
• Article II: Reserved (previously Building Restriction Lines)
• Article III: Numbering of Buildings
• Article IV: Dangerous Buildings
• Article V: Basic Building Code
• Article VI: One- and Two-Family
• Article VII: Electrical Code
• Article VIII: Energy Conservation Code
• Article IX: Gas Code
• Article X: Mechanical Code
• Article XI: Plumbing Code
• Article XII: Property Maintenance Code
• Article XIII: Existing Building Code
• Article XIV: Green Building Regulations
Significant Local Amendments
For this code cycle, there are some substantial changes in comparison to previous cycles. Staff believes the proposed updates will have a positive impact on safety, sustainability, livability, and accessibility within the City. Some of the changes, particularly to Articles V and VIII, will build on Rockville’s accomplishments in accessibility and sustainability, setting the stage for continued progress in these areas. For example, most of Maryland’s 157 municipalities utilize only the Maryland Accessibility Code, despite provisions that permit local amendments that enhance accessibility - local amendments such as the retention of Chapter 11 of the International Building Code, as proposed in these updates. This is an opportunity to not only build on past accomplishments but to establish the City as a leader in accessibility and further affirm the commitment to diversity, equity, and inclusion for all residents.
The most significant changes proposed are primarily to modernize codes that have not been updated in several years, enhance equity and accessibility in the built environment, and support the City’s Climate Action Plan. Changes are both administrative and technical and are generally limited to what staff has identified as minimum necessary changes to clarify intent, safeguard the public, improve equity, and meet the City’s specific goals.
Mayor and Council History
Briefings were provided to the Mayor and Council members on April 22, 23, and 26, 2024. This ordinance was introduced at the Mayor and Council meeting on April 29, 2024. Based on feedback received during the discussion, staff developed an implementation plan to delay the effective date of certain portions of this ordinance. This plan provides a six-month implementation period for industry professionals to prepare for local amendments that could have significant impacts on the design and construction of buildings. The code sections subject to this delayed implementation are provided in an attachment to this staff report.
The staff has also incorporated changes based upon on the public feedback received, including the two items that required additional discussion and research.
There are some minor additional changes from the initial introduction of this ordinance, due to further proofreading and input from other city departments. For transparency and convenience, all changes other than correcting spelling, grammar, punctuation, or numbering are outlined in this staff report and a quick-reference document is attached to the agenda item.
Public Notification and Engagement
Staff published a copy of the proposed changes on the City’s website and set up a response form to solicit public comment. This comment form was open from March 28, 2024, through April 28, 2024. A total of 4 individuals provided responses. These responses were shared with the Mayor and Council at the April 29, 2024 meeting, along with staff recommendations as needed. There were two responses that staff needed additional time to develop recommendations for. These recommendations have been incorporated into the code changes.
Additionally, a hybrid public information session was held on April 17th, 2024, to engage industry professionals, homeowners, and residents. Mass e-mails were sent out via the Public Information Office and through the MyGovernmentOnline platform to inform the public on how to access and comment on the proposed updates, as well as provide details on the public information session. All staff within the Inspection Services Division were directed to change their e-mail signatures to include messaging and links to the proposed updates and the public information session. This event was added to the City calendar and links to the event were included in all communications about it.
When adopted, staff will notify stakeholders using the same methods referenced above.
Next Steps
Following Mayor and Council adoption of the ordinance, implement the ordinance changes and perform outreach to the community.