Loading...
HomeMy WebLinkAbout191203a Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. BOARD OF COUNTY COMMISSIONERS December 3, 2019 OPEN SESSION AGENDA 08:30 A.M. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Jeffrey A. Cline APPROVAL OF MINUTES – November 19, 2019 08:35 A.M. CLOSED SESSION (To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; To consult with counsel to obtain legal advice on a legal matter; & To comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter.) 10:00 A.M. RECONVENE IN OPEN SESSION I. COMMISSIONERS’ REPORTS AND COMMENTS II. REPORTS FROM COUNTY STAFF III. CITIZENS PARTICIPATION IV. RELIEF WITHOUT PREJUDICE FROM CONTRACT AWARD / BID AWARD (PUR-1431) FIRE SERVICE PERFORMANCE TESTING / INSPECTION OF FIRE HOSES, FIRE PUMPS, GROUND LADDERS – Brandi Naugle, CPPB, Buyer, Purchasing Department and Jonathan D. Hart, Assistant Director, Emergency Services V. BID AWARD (PUR-1442) – PAVING REPAIR AT THE WASHINGTON COUNTY SHERIFF’S DEPARTMENT AND DETENTION CENTER – Brandi Naugle, CPPB, Buyer, Purchasing Department and Terry Hill, Senior Systems Mechanic VI. INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-19-0025) – PLAYGROUND EQUIPMENT FOR PARKS AND FACILITIES – Rick Curry, CPPO, Director, Purchasing Department and Danny Hixon, Operations Supervisor of Parks and Facilities VII. CHANGE ORDER REQUEST– REPAIR OF AIRPORT FIRE FIGHTING VEHICLE – Rick Curry, CPPO, Buyer, Director, Purchasing Department and Garrison Plessinger, Director, Hagerstown Regional Airport Jeffrey A. Cline, President Terry L. Baker, Vice President Krista L. Hart, Clerk Cort F. Meinelschmidt Randall E. Wagner Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. VIII. CITY/COUNTY – FIRE, RESCUE AND EMS AUTOMATIC/MUTAL AID MEMORANDUM OF UNDERSTANDING – R. David Hays, Director, Division of Emergency Services (DES) and Steve Lohr, Fire Chief, City of Hagerstown 11:00 A.M. PUBLIC HEARING – REPEAL, ENACTMENT, AND ADOPTION – Rich Eichelberger, Director/Code Official, Division of Construction; Frank Quillen, Chief Plans Examiner/Deputy Code Official, Division of Construction; Ashley Holloway, Director, Division of Plan Review and Permitting IX. EXPENDITURE OF ACCURUED PAYMENT-IN-LIEU OF FUNDS IN ACCORDANCE WITH THE FOREST CONSERVATION ACT – Jill Baker, Director, Planning & Zoning and Elmer Weibley, District Manager, Washington County Soil Conservation District 11:30 A.M. PUBLIC HEARING – APPLICATION FOR ZONING MAP AMENDMENT RZ-19-004 – Jill Baker, Director, Planning & Zoning X. WASHINGTON COUNTY MOBILE HOME PARK REVENUE TAX – Sara Greaves, Chief Financial Officer and Kirk Downey, County Attorney / Interim County Administrator 12:00 P.M. ADJOURNMENT Agenda Report Form Open Session Item SUBJECT: Relief Without Prejudice from Contract Award / Bid Award (PUR-1431) Fire Service Performance Testing / Inspection of Fire Hoses, Fire Pumps, Ground Ladders PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and Jonathan D. Hart, Assistant Director, Division of Emergency Services RECOMMENDED MOTION: Motion to relieve from the contract award made July 30, 2019, without prejudice, FireOne Inc. of Drexel Hill, PA for Option No. 2, Group A (Fire Pump Testing) and Group B (Hose Testing) and to award to the next responsive, responsible bidder with the lowest Total Sum Bid to Waterways of Southwest PA, LLC. of Bethel Park, PA in the amount of $60,985.00 for Option No. 2, Group A (Fire Pump Testing) and Group B (Hose Testing). REPORT-IN-BRIEF: On June 3, 2019 the County issued an Invitation to Bid (ITB) for the subject services. The bid was advertised in the local newspaper, listed on the State’s eMaryland Marketplace website and on the County’s website. The contract period is for a one (1) year period tentatively commencing November 1, 2019, with an option by the County to renew for up to two (2) additional consecutive one (1) year periods with the first term ending October 31, 2020. Four (4) persons/companies registered and downloaded the bid document on-line. Two (2) bids were received as indicated on the bid tabulation matrix and one of which was deemed unresponsive. Original contract awards were made on July 30, 2019 as follows: Option No. Vendor Total Sum Bid Price for Group Option 2A & 2B FireOne, PA Bethel Park, PA $15,125.00 (2A) $43,100.00 (2B) Option 2C Waterways of Southwest, PA Bethel Park, PA After notice of award was provided to FireOne for Option 2A and 2B the Purchasing office received a call from the company’s owner stating that they would not be registering with Maryland Department of Assessments and Taxation, which a status of good standing is a requirement within the Invitation to Bid for doing business with Washington County. Since this requirement has not been fulfilled, FireOne is considered non-responsive and it is recommended that they be relieved from the contract award without prejudice. Board of County Commissioners of Washington County, Maryland These services will provide testing of apparatus mounted fire pumps (engines, tankers, and, quints) in accordance with current NFPA 1911 standards. The bidder will be responsible for conducting fire pump testing for sixteen (16) fire companies/departments with fifty-five (55) pieces of apparatus. The contractor will provide testing of various diameters of fire hose, in accordance with current NFPA 1962 standards. The awarded contractor will be responsible for conducting fire pump testing for fifteen (15) fire companies. The contractor will provide testing of various sized, fire service, ground ladders. These tests will be conducted in accordance with current NFPA 1932 standards. The awarded contractor will be responsible for conducting ground ladder testing for seventeen (17) fire companies. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in the department’s account 515270-10-11525 for these services. CONCURRENCES: Division Director of Emergency Services ALTERNATIVES: Do not award the testing of the equipment. ATTACHMENTS: Bid Tabulation Matrix AUDIO/VISUAL NEEDS: N/A PUR 1431 Fire Service Performance Testing / Inspection of Fire Hoses, Fire Pumps, and Ground Ladders Item No.Description Unit of Measure Quantity Unit Price/Each Total Price Unit Price/Each Total Price 1 Fire Pump Testing EA 55 $275.00 $15,125.00 NO BID NO BID 2 Hose Testing – Diameter 1-1/2 – 2”LF 73,000 $0.20 $14,600.00 NO BID NO BID 3 Hose Testing – Diameter 2-1/2 – 3”LF 41,000 $0.22 $9,020.00 NO BID NO BID 4 Hose Testing – Diameter 4 – 5”LF 77,000 $0.24 $18,480.00 NO BID NO BID 5 Hose Testin - Hard Suction Ea 100 $10.00 $1,000.00 NO BID NO BID 6 Ground Ladder Testing – 10’ Folding (Attic)EA 52 $20.00 $1,040.00 NO BID NO BID 7 Straight Ladders Testing (12’ – 20’)EA 68 $30.00 $2,040.00 NO BID NO BID 8 Extension Ladders Testing (16’ – 28’)EA 57 $40.00 $2,280.00 NO BID NO BID 9 Extension Ladders (30’ – 45’)EA 24 $45.00 $1,080.00 NO BID NO BID Item No.Description Unit of Measure Quantity Unit Price/Each Total Price Unit Price/Each Total Price Group A 1 Fire Pump Testing EA 55 $275.00 $15,125.00 $325.00 $17,875.00 FireOne, Inc. Drexel Hill, PA FireOne, Inc. Drexel Hill, PAOPTION NO. 2 (Individual Awards for Each Service): $15,125.00 TOTAL SUM BID PRICE (for Item Nos. 1 through 9)$64,665.00 OPTION NO. 1 (Award for All Services): TOTAL SUM BID PRICE FOR GROUP A Waterways of Southwest PA, LLC. Bethel Park, PA NO BID Waterways of Southwest PA, LLC. Bethel Park, PA $17,875.00 Bids Opened: 06-01-2019 PUR 1431 Fire Service Performance Testing / Inspection of Fire Hoses, Fire Pumps, and Ground Ladders Group B 2 Hose Testing – Diameter 1-1/2 – 2”LF 73,000 $0.20 $14,600.00 $0.21 $15,330.00 Group B 3 Hose Testing – Diameter 2-1/2 – 3”LF 41,000 $0.22 $9,020.00 $0.21 $8,610.00 Group B 4 Hose Testing – Diameter 4 – 5”LF 77,000 $0.24 $18,480.00 $0.21 $16,170.00 Group B 5 Hose Testing - Hard Suction EA 100 $10.00 $1,000.00 $30.00 $3,000.00 Group C 6 Ground Ladder Testing – 10’ Folding (Attic)EA 52 $20.00 $1,040.00 $15.00 $780.00 Group C 7 Straight Ladders Testing (12’ – 20’)EA 68 $30.00 $2,040.00 $24.00 $1,632.00 Group C 8 Extension Ladders Testing (16’ – 28’)EA 57 $40.00 $2,280.00 $36.00 $2,052.00 Group C 9 Extension Ladders (30’ – 45’)EA 24 $45.00 $1,080.00 $52.50 $1,260.00 FireOne, Inc REMARKS: Ground Ladder testing includes heat sensor replacement and safety label replacement as needed at no additional cost. Halyards can be replaced for $25.00 per extension ladder. If heat sensors need replaced cost is $1.00 per sensor. If warning labels need replaced or missing cost is $10.00 per set. If any repairs are needed cost will be discussed with department. $43,100.00 $6,440.00 TOTAL SUM BID PRICE FOR GROUP B TOTAL SUM BID PRICE FOR GROUP C Waterway's of Southwest PA, LLC $43,110.00 $5,724.00 Bids Opened: 06-01-2019 Open Session Item SUBJECT: Bid Award (PUR-1442) – Paving Repair at the Washington County Sheriff’s Department and Detention Center. PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and Terry Hill, Senior Systems Mechanic RECOMMENDED MOTION: Move to award the contract for the paving repair work at the Washington County Sheriff’s Department and Detention Center to the responsible, responsive bidder, Craig Paving, Inc. of Hagerstown, Md who submitted the lowest total sum price of $118,484. REPORT-IN-BRIEF: On October 17, 2019 the County issued an Invitation to Bid (ITB) for the Paving Repair at the Washington County Sheriff’s Department and Detention Center and on October 23, 2019 the county accepted the bids for this service. The bid was advertised on the State of Maryland’s (eMMA) “eMaryland Marketplace Advantage” web site, on the County’s web site, and in the local newspaper. Twenty-One (21) persons/companies registered/downloaded the bid document on-line and three (3) bids were received. The services consist of the vendor paving, repairing, patching, removing weeds from cracks, milling around concrete curbing, drains and all areas necessary to maintain existing elevations of current parking lot. The project consists of repaving and overlaying 10,863.49 square yards of asphalt and restriping the parking lot located at 500 Western Maryland Parkway, Hagerstown, MD 21740. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in the Sheriff’s Department and Detention Centers Capital Improvement Plan (CIP) account (BLD089) 600100-30-11320. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: The complete Bid Tabulation may be viewed on-line at: https://www.washco-md.net/wp-content/uploads/purch-pur-1442-bidtab.pdf AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form PUR-1442 Paving Repair at the Washington County Sheriff's Department and Detention Center Craig Paving, Inc. Hagerstown, MD Huntzberry Brothers, Smithsburg, MD Advantage Landscape and Construction Hagerstown, MD Paving repair/patching,removing weeds from cracks. Milling around concrete,drains and all areas necessary to maintain existing elevations. Overlaying 10,863.49 square yards/entire area with 1.5" or 2",2"where applicable and in accordance with standard plates.The face of the asphalt shall be 9.5 mm at the Washington County Sheriff's Office and Detention Center, located at 500 Western Maryland $118,484.00 $122,945.00 $125,000.00 Advantage Landscape and Construction Bids Opened: 11-13-2019 Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INTG-19-0025) Playground Equipment for Parks and Facilities PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Rick Curry, CPPO, Director, Purchasing Department and Danny Hixon, Operations Supervisor of Parks and Facilities RECOMMENDATION: Move to authorize, by Resolution the Parks and Facilities Department to purchase playground equipment from Miracle Recreation Equipment Company of Monett, MS and to utilize the Sourcewell contract No. 030117-LTS for the total amount of $179,714. REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County grants authorization for the County to procure goods or services under contracts entered into by other government entities. On items over $50,000, a determination to allow or participate in an intergovernmental cooperative purchasing arrangement shall be by Resolution and shall indicate that the participation will provide cost benefits to the county or result in administrative efficiencies and savings or provide other justification for the arrangement. Acquisition of the equipment by utilizing the Sourcewell contract and eliminating our County’s bid process would result in administrative efficiencies for the Parks and Facilities Department as well as overall better pricing due to economies of scale offered by the subject contract. Sourcewell is a nationwide strategic sourcing program designed by public purchasing professionals for use by government agencies and public-benefit non-profits throughout the country. The County would be purchasing new playground equipment to replace the playground equipment at Regional Park. There will be three (3) areas where the new playground equipment will be installed. Area One will include a two (2) deck play structures. Area Two will include a four (4) bay and a swing designed for tots. Area Three will contain a play structure that will consist of fitness equipment and climbers that are designed for kids 5-12 years old. Parks and Facilities personnel will dismantle and remove the old equipment. The benefit of the outdoor play equipment is that the equipment can help children develop physically, emotionally, socially and intellectually. DISCUSSION: N/A FISCAL IMPACT: Funds in the amount of $242,000 are budgeted in the department’s Capital Improvement Plan (CIP) account REC037. Project funding source: 90% Project Open Space (POS) monies and 10% local match. CONCURRENCES: Director, Public Works ALTERNATIVES: 1) Do not award the purchase of the playground equipment and process our own bid for the equipment in which pricing would not be as favorable, or (2) utilize the Sourcewell contract which does offer better pricing because of the economies of scale. ATTACHMENTS: Miracle Recreation Equipment Company’s Quote, dated October 29, 2019 AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form ITIRA(LE RECREATION EQUIPMENT (OMPANY COMMER(IAL PEAYGROUNDS • FITNESS CLUSTERS 878 E HIGHWAY 60 ROPE (LIMBERS • BOULDER (LIMBERS MONETT, MISSOURI 65108 USA (LIMBERS, SPRING RIDERS & WHIRLS TOLL FREE: 1-800-523-4102 Miracle PICNIC FABLES, BENCHES & GRILLS • SLIDES & SWINGS PHONE: 417 235-6911 • FAX: 411.235-6816 BASKETBALL GOALS, BACKSTOPS & SOCCER GOALS tD WIDE WEB: hllp://www.miii(le-re(realion.com _ BLEACHERS &PLAYER BENCHES POOL SLIDES October 29, 2019 Washington County Parks and Recreation ATTN John Pennesi 1307 South Potomac Street Hagerstown MD 21740 RE: Regional Park playground proposal Dear John, It was a pleasure meeting with you and several from your staff a couple weeks ago about this project. It is my understanding that the county is looking to provide new playground equipment at Regional Park. We discussed a new play structure for ages 2 to 12 years old where the existing ramped system is located, A new modern swing where the swing is located and a larger play area for the older children up on the hill behind the pavilion. For the purpose of this proposal, we have designated the 2 to 12 play structure as AREA one, the swing as AREA two and the older childrens' play area as AREA three. It is my understanding from the meeting that the county crews will remove ALL equipment including concrete footers, grade any areas that need grading and remove the one stump at the end of the swing. Any trees that need trimmed would be the responsibility of the county. Miracle Recreation will furnish, deliver and install ALL the play equipment, safety signage, benches safety surfacing and borders. The installation of the playground equipment will be done by factory certified installers. We have included with this proposal a top view rendering and color 3D drawings of each area, a bill of materials listing for each area and the total warranty and specifications to all the equipment we are proposing. The colors shown on these drawings are an EXAMPLE ONLY and you may choose from any of the Miracle colors from the color chart included with this proposal. Please note that the equipment as PROPOSED meets the requirements of the CONSUMER PRODUCT SAFETY COMMISSION, ASTM AND THE CURRENT GUIDELINES FOR THE AMERICANS WITH DISABILITIES ACT. AREA ONE This area will include a two deck play structure designed for children ages two to twelve years of age. The system includes three slides, two vertical climbers and a bridge between the two decks. The decks are square decks and will have roofs covering each deck. The system is accessible by a handicap accessible transfer point. The area will include an age appropriate safety sign and outside the bordered area we will place two 6' PVC coated steel permanent benches with backs. These benches will match the color of your decks on the playground. We have also placed in this area two ground level climbers, one being a gator climber and the other being an inchworm climber. This area will require a flat level surface that measures a minimum of 58'x36'. MIRA(LF RECREATION EQUIPMENT COMPANY 828 E HIGHWAY 60 — MONETT, :1.8 RI 65208 USA Miracle TOIL fRF.E: 1 800,523 4202 PHONE:41T•2TS-6917 • FAX 111 23S-6816 = '.0 WIDE WEB: litip:l/www.niiracle-rec(eatioti.(oni COMMERCIAL PLAYGROUNDS • fITNESS CLUSTERS ROPE CLIMBERS • BOULDER (LIMBERS (LIMBERS, SPRING RIDERS & WHIRLS PICNIC FABLES, BENCHES & GRILLS • SLIDES & SWINGS BASKETBALL GOALS, BACKSTOPS & SO((ER GOALS BLEACHERS & PLAYER BENCHES POOL SLIDES AREA TWO This area will include a four bay, the swing is a tots choice ARCH swing, The legs and top rails on this swing are 3 %"OD. The swing will contain four slashproof belt seats, three fully enclosed toddler seats and one of our Generation swings. The generation swing is such that the parent can sit on the swing and swing with their toddlers. We will also place outside of the protected area the same style benches as proposed in area one. This piece of equipment will require a flat level surface that measures a minimum of 32'x60'. AREA THREE This area will contain a play structure that is designed for children ages five to twelve years of age. When we met I was told to try and do something that would have fitness equipment and overhead climbers. We discussed doing this and also putting a slide on the unit as many children enjoy the slides. We have designed a unit for you that contains four decks ranging from three foot high to five foot high. We have a variety of vertical climbers along with overhead climbers. We also placed on this unit one of our two section bolder ridge rock climbing walls and two of our rock climbers. In the main area we have also placed a freestanding Gravity cube rope climber as was requested at your meeting. We will also supply an age appropriate safety sign in this area. In a separate area off to the side of this structure we have placed one of our handicap accessible ten spin whirls. We will also place outside the bordered area one of the benches described above. The ten spin area will require a flat level surface of 24'x24' and the main area will require a flat level surface of 60'x66'. SURFACING AND BORDERS You advised that you wanted to use the rubber borders and also the shredded rubber crumbs for surfacing. You also indicated you wanted to go with the BROWN rubber chips. We are proposing to use 48 tons of the BROWN rubber chips which will provide you with 6" of material in ALL areas described above. These are delivered in one ton bags. The borders to hold the surfacing in place will be BROWN rubber borders that are 6'Ix4"w and 8" high, they interlock together and caps are provided for each border. We have figured you will need 118 of these borders to surround all the areas. These are anchored in the ground with 24" spikes. SOURCEWELL PURCHASING Your county government is a member of SOURCEWELL cooperative purchasing agreement. I have included your membership number, the contract number for Miracle Recreation and the Maryland legal references for using this program. This information is in the tab for SOURCEWELL PURCHASING. I will provide pricing based on purchasing under the Sourcewell contract and also pricing if You DO NOT use Sourcewell for the purchase. SOURCEWELL PRICING List price of equipment $124,249.00 DISCOUNT ALLOWED ON EQUIPMENT <$33,000.00> $91,249.00 Equipment cost MIRACLE RE(REAIION EQUIPMENT COMPANY 878 F HIGHWAY 60 MONETT, MISSOURI 65108 USA TOLL FREE: 1.800.523.4202 Miracle, PHONE:411-235 6717 . FAX: 417-235-6816 "hL 10 WIDE WEB: http:llwww.miracle-re(reatioii.com Freight shipping to Maryland $11,900.00 48 tons of shredded rubber crumb delivered $23,700.00 Furnish and deliver 118 rubber borders and anchors $8,400.00 Installation all equipment, borders, and surfacing $44,465.00 COMMERCIAL PLAYGROUNDS • FITNESS (LUSTERS ROPE (LIMBERS • BOULDER CLIMBERS (LIMBERS, SPRING RIDERS & WHIRIS PICNIC TABLES, BENCHES & GRILLS • SLIDES & SWINGS BASKETBALL GOALS, BA(KSTOPS & SOCCER GOALS BLEACHERS & PLAYER BENCHES POOL SLIDES YOUR TOTAL FURNISHED AND INSTALLED COST USING SOURCEWELL PURCHASING $179,714.00 This is an option that can save the county several thousand dollars. I will provide you with pricing should you decide NOT to use Sourcewell purchasing. List price of equipment $124,249.00 Discount allowed <$26,500.00> Equipment cost $97,749.00 Freight to Maryland $11,900.00 48 tons of shredded rubber crumb delivered $26,245.00 Furnish and deliver 118 rubber borders and anchors $9,125.00 Installation $44,465.00 Your furnished and installed cost if you DO NOT use Sourcewell purchasin -$189,484.00. Because several items that you have selected and we have used in this proposal are in our current sale flyer, these prices are VALID until December 5, 2019. Should you decide to purchase we will need your purchase order made out to MIRACLE RECREATION and sent to my office for order processing. Sincerely, d' Charles T. Taylor for Y Sales Representati e Miracle Recreation Equipment company Open Session Item SUBJECT: Change Order Request – Repair of Airport Fire Fighting Vehicle PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Garrison Plessinger, Director, Hagerstown Regional Airport RECOMMENDED MOTION: Move to approve a Change Order Request in amount of $42,246.44, the following account 45-45080 will be utilized to cover the cost of the repairs to the Airport Fire Fighting Vehicle. REPORT-IN-BRIEF: On May 7, 2019 the Board approved the repair work for a 1999 Oshkosh fire fighting vehicle in the amount of $59,371 to Emergency Specialist Vehicle, Inc. of Hagerstown, MD. The intent of the scope of work is to repair and/or replace non-working equipment, parts, and service the vehicle and generator. The vendor will be tasked with removing and replacing the existing thermal imaging camera, removing and replacing the existing turret to name a few of the items that will be repaired/replaced prior to the unit being ready for in-service and added the department’s fleet of vehicles. The scope work was written with knowledge that some of the repair would be undetermined until the successful bidder had the opportunity to dismantle/disassemble some of the items that needed repaired. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in the department’s CIP account 35-45010-EQP031. CONCURRENCES: Interim County Administrator ALTERNATIVES: N/A ATTACHMENTS: Emergency Specialist Vehicle’s Quote, dated November 21, 2019 and Change Order AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Emergency Vehicle Specialist, Inc. 16121 Business Parkway Hagerstown, MD. 21740-4201 Phone. 301-739-7973 Fax; 301-739-7975 Visit us on the Web at: www.EVSpecialist com Sub Estimate For 01 059000 Federal 10 #20-2518148 Estimate for Services Estimate Date 11/21/2019 Hagerstown Regional Airport - Robert Hoopengardner 1999 Oshkosh - T3000 - 18434 Showalter Road Lic # : -MD Odom. In: 17531 Hagerstown, MD 21742 Unit # : Crash Truck Office: 240-313-2777 Cellular. 240-527-8928 bob h VIN # : 10TDK8Z14 XS065949 Part Description / Number Qty sale Ext I Labor Description Extended Windshield Washer Nozzle 99-3008 Heavy Duty Bolt On Wiper Blades 63-201 Camera Carnera Bumper Mount Light Housing Size: 3" X 7" LH37502-1 10-32 Aluminum Rivet Nut 85433 Water level Waterfevel KIT Foam level kit foam level K1f Amdor H2O LED Strip Light Size: 12" AY-LB-12HWO 12 LFP310-40OPSI Gauge 91553951 Wide Rectangular LED Flood Light (36 Leds) Size: 6.5" 1492194 Square Led Flood Light {16 Leds) Size: 4.5" X 4.5" 1492128 Shrink Tubing 1/2." X 4" (Sold By The Piece) 26984 Small wire lie 26-678 Wire tie 26-681 5/16-18x3/4 ss cs 330506 12x3/4 PH PN SMS 441206 Stainless Steel Lock Nut Size: 5/16"-18 3322650 5116.18X1 SS CS 530505 1/4-20 ss hex nut 332040 Stainless Steel Lock Washer 1/4" 333240 Bromley, Doug 1.00 16.74 167 3.00 22 18 66.5 1.0011, 546.00 11, 546.0 1.00 125.49 125.4 SUPPLEMENTAL 2 INVOICE OCTOBER 2019 1 a. Remove and replace 2 additional air dryer 0.00 cartridges (total of 3). Removed air lines, electrical lines to access air dryer. Cut off old hardware and removed old air dryer Installed new air dryer with new hardware. Connected air and electric lines on both passenger's and driver's sides. Removed bottom of dryer under truck. Pulled center out, pulled center out of new dryer and put it new one. Reassembled and checked all 3 for leaks. 1c. Remove and replace windshield wiper blades. 6373 4.00 1.76 7.041 2. DOT inspection 3 00 1,333.36 4.000.0 2.00 833.35 1,666.7 22.00 86.36 1,899.9 1.00 192.78 192.7 6.00 141.32 847.9 6.00 130.78 784.6 13.00 5.46 70 800 0.84 6 47.00 0.98 46 6.00 1.54 9.2 2.00 1.04 2.0 10.00 1.01 10.1 4.00 0.84 3.36 4.00 1.15 4.6 4.00 1.09 4.36 Page 1 of 4 Inspected: alignment; suspension; steering; brake systems-hydraulic/vacuum or air, tires; wheels, rims, lock rings, studs, nuts; fuel storage and delivery; exhaust system; vehicle frame, body, and sheet metal; lighting; electrical system; emergency equipment; seats and seat belts, sun visor; mirrors; glazing; windshield wipers and defroster; automatic transmission gear selector, neutral safety switch (if applicable); speedometer and odometer, clutch and brake pedal pad. horn; hitches and coupling devices (if applicable); tanks and pressure vessels Shipping 115.40 5b. R & R 2 red strobes on front siren speakers will 0.00 Whelen or equiv 700 LI Super LED Flash red. Removed old light and installed new LED on front compartment, Removed wires to strobe packs Removed packs and installed new electrical connections in box for power and ground stud. Tested wires for power all the time. Plugged holes from old packs. 5c. R & R 2 red strobes on driver's side, 2 red strobes 0.00 on officer's side, and 2 red strobes on rear with Whelen or equiv 700 LIN Super LED Flash red and 700 series chrome flange kits. Removed and replaced 6 Whelen LED lights and bumper mount light housing. Tested all wires to find what wiring belonged to what lights. Marked as necessary. Installed box in truck. Ran wires into box and installed loom. Made connections in front, side and rear. 5g. Replace Kussmaul vehicle charger auto eject plug 0.00 with Kussrnaul super auto eject plug. Removed auto eject and installed new with new cover. Connected wires to battery and air pump. 5h. Replace existing Federal Motor Vehicle Safety 0.00 Standard with LED technology. Time & materials - we do not know how many lights or what the lights are. Found old flasher under dash. Removed and replaced with new. Removed lights to identify for LED replacement. Removed flood lights, removed cover in cab to remove cab lights. Installed new light and plug in passenger's side and driver's side. Reinstalled cover. Removed driver's side steps and cover plate to access step light. Removed old light and replaced with new using new hardware. Mounted new light, tested. Reinstalled cover. Installed new high beam head lights. Copyright (c) 2019 Mitchell Repair Information Company. LLC •bIhrs 4 06 2016kr Emergency Vehicle Specialist, Inc. Sub Estimate For OI 16121 Business Parkway Hagerstown, MD. 21740-4201 059000 Phone: 301-739-7973 Fax: 301-739-7975 Federal ID f120-2518148 Visit us on the Web at: www.EVSpecialist.com Estimate for Services Estimate Date: 11/21/2019 Hagerstown Regional Airport - Robert Hoopengardner 1999 Oshkosh - T3000 - 18434 Showalter Road Lic # . -MD Odom. In. 17531 Hagerstown, MD 21742 Unit # : Crash Truck Office: 240-313-2777 Cellular: 240-527-8928 bob h VIN # : 10TDK8Z14 XS065949 Part Description ! Number Qty Sale Ext Labor Description Extended 114 ss AN960 flat washer 8.00 0.84 6.72 5i. Test all water and foam level indicator lights and 1,529.40 replace as needed with Oshkosh water and foam level 333041 indicator lights, if problems are found, report findings to 1/4 -20 X 1 ss cap screw 4.00 1.09 4 36 Co. for approval of replacement. 530408 Foam and water level lights are dim in cab. Recommend replacing Diesel fuel 24.00 3.74 89.76 system with new style. 5m Check all compartment lighting and if problems are 1,019.60 DIESEL found, report findings to Co. for approval of Assembly Hardware 1.00 3359 33.59 replacement. MISC Checked compartment lighting and found all lights dim Flojet 12 Volt Water Pump 1.00 369.82 369.82 and several burnt out. Remove all exstisling compartment lighting. Upgrade to Amdor 04325143S LED strip lighting as needed. Weather Proof 12V A/C Coil 2.00 50.38 100.76 5n. Check all safety warning lights in cab for working 0.00 7019-9DA condition. Hannay Booster Reel Motor 1.00 713.35 713.35 Will be checked on DOT. 0.00 5o Check all switches in cab for working condition. If 9915.0003 problems are found, report findings to Co. for approval OEM Front Shock 2.00 1,811.84 3,623.68 of replacement. 3029826 Will be checked on DOT. OEM Front Shock Bushing 4.00 174.83 699.32 5q. Check gauges for proper operation, if problems are 127.45 found, report findings to Co. for approval of 3022928 replacement. OEM Oshkosh New Coil Spring 1.00 3,000.00 3,00000 Removed gauge in dash. Cut bigger hole and installed new 3055855 gauge. Weather Proof 12V A/C Coil 2.00 50.38 100.76 5r. Replace all rear facing flood lights w/ LED lights. 509.80 7019-9DA We do not know how many flood lights we will be replacing. Pressure Protection Valve 1 00 157.40 15740 Labor is an estimation only. Lights are $558.34 a piece and labor is to be determined. Removed all rear facing lights and installed 28650ON new LED lights. Drain Valve With Cable 5.00 24.86 124.30 5s. Replace all deck lights on top of vehicle with LED 764.70 12105 lights. Spray & Stay WD-40 Gel Lube 1.00 21 63 21.63 We do not know how many deck lights we will be replacing. Labor is an estimation only Lights are $1241.69 a piece and labor 300f0 is to be determined. Removed and repalced all deck lights with Aluminum Diamaond Plate 1.00 563.40 563.40 LED lights. 1/8ADP 6a. Check plumbing for leaks, if problems are found, 764.70 Screw # 10-24 X 3/4" Torx Self Starters 18.00 1.15 2070report findings to Cc. for approval or replacement. Both driver's and passenger's side intake valves need to be 82 2039 002 reattached. Bolts are loose that secure the plumbing to the bottom 2" Cut-off Wheel 36 Grit 6.00 5.26 31.56 of the compartment. Driver's side flow jet pump is cracked and 677031 leaking. this pump controls the water flow to the cab sprayers. 2" Medium Roloc Disc 3.00 3.08 9.24 Shipping & Handling 26,93 878431 Inbound Freight Stainless steel flat washer 14.00 1.20 16-80 6b. Check foam and water drains for leaks and proper 191.18 operation, if problems are found, report findings to Co. 333050 for approval of replacement. Exhaust clamp -guillotine 1.00 907 9.07 Foam/ sump drain locked up. Remove and rebuild manual T500 foam/sump drain as needed. Exhaust Elbow 90 Degree 6" OD 1 00 223.13 223.13 6c. Check all foam and water valves for leaks and 892 15 24"X24" proper operation, if problems are found, report findings L690-2424SA to Co. for approval of replacement. Bromtoy, Douq Page 2 of 4 Copyright (c) 2019 Mitchell Repair lnrormelion Company, LLC eathr6 4.011 2016k( Emergency Vehicle Specialist, Inc. 16121 Business Parkway Hagerstown, MD. 21740-4201 Phone.301-739-7973 Fax:301-739-7975 Visit us on the Web at www.EVSpecialist.com E t' Ill.f Services Sub Estimate For Or F 059000 Federal ID #20-2518148 Estimate Date - 11/21/2019 s ima a or Hagerstown Regional Airport - Robert Hoopengardner 1999 Oshkosh - T3000 Odom. In: 17531 18434 Showalter Road Lic # - MD Hagerstown, MD 21742 Unit # : Crash Truck Office: 240-313-2777 Cellular: 240-527-8928 bob h VIN # : 10TDK8Z14 XS065949 Part Description / Number Qty Sale Ext Labor Description Extended Checked and found faulty solenoids controlling the air valve. Removed and replace electric solenoid. Bumper blow down air leak (dry chem) Shipping & Handling 22.65 Inbound Freight 6d. Check compartment heating for proper operation, if 0.00 problems are found, report findings to Co, for approval of replacernent. Done during DOT. Be. Check pressure relief valve for proper operation, if 0.00 problems are found, report findings to Co. for approval of replacement. Done during Pump Test. 6f. Check booster hose reel for proper operation, 637.25 check for leaks, test blow down switch for proper operation, if problems are found, report findings to Co. for approval of replacement. Checked booster reel. Will not high idle every time. Checked switch and found okay. Pulled flow meter out and cleaned and lubed. Reinstalled. Front hose reel rewind motor is faulty. 69. Check switch to charge pre -connect for proper 254.90 operation, if problems are found, report findings to Co. for approval of replacement. Passenger side hose reel will throttle up when valve is opened but will not throttle up with water flow. 7. Suspension - Inspect suspension, if problems are 1,019,60 found, report findings to Co for approval of replacement. Will need to replace with Oshkosh parts specific to this vehicle. Front shock are missing the rubber bushings and the mounting points. Recommend replace both front shocks and hardware. Shipping & Handling 377.16 Inbound Freight 8. Air System - Check air brake system for leaks, if 000 problems are found, report findings to Co for approval of replacement. Removed and replaced air pressure protection valve. 8a. Check fire pump air system and air actuators for 0.00 leaks and proper operation, if problems are found, report findings to Co. for approval of replacement. Done as part of Pump Test. Shipping & Handling 22.65 Inbound freight charges.. 8b. Repair 3 air ride seats in cab to working condition 127.45 Found faulty air protection valve that controlled air to the cab. Replaced protection valve and all seats now work as design 8c. Check all air brake drains and ensure pull cords 254.90 work, if problems are found, report findings to Co. for approval of replacement. Pa e 3 of 4 Copyright (c) 2019 MNchell Rupso Information Company LLC aathrs 4.06 20115M flromley, Doug 9 Emergency Vehicle Specialist, Inc. 16121 Business Parkway Hagerstown, MD. 21740-4201 Phone:301-739-7973 Fax:301-739-7975 Visit us on the Web at: www.EVSpeci@iist.com Estimate for Services Hagerstown Regional Airport - Robert Hoopengardner 18434 Showalter Road Hagerstown, MD 21742 Office: 240-313-2777 Cellular: 240-527-8928 bob h Part Description / Number Oty Sale Ext Sub Estimate For OI 059000 Federal10 420-2518148 Estimate Date , 11/21/2019 1999 Oshkosh - T3000 Lic # : -MD Odom. In: 17531 Unit # : Crash Truck VIN # : 10TDK8Z14 XS065949 Labor Description Extended Removed and replaced 5 drain valves with cables. 9. Check cab doors for proper operation, if problems 38235 are found, report findings to Co. for approval of replacement. Checked and lubed driver's side door. Passenger's side was difficult to open. Removed door cover to access latches. Cleaned and tubed. Removed cover in cab to get to hardware. Adjusted bolt and checked door. Reinstalled covers. 0.00 10, Replace anti-skid on top of vehicle above water and foam tanks. Removed components as needed. Prepped and installed. 11. Check all compartment doors for proper operation, 764.70 if problems are found, report findings to Co. for approval of replacement. Multiple compartment door are missing the return springs on the compartment handle. Replace and broken 12. Repair or replace cab interior wall liner. 764.70 Need more information on wall liner. Time & materials. Removed cab wall liner. Cut diamond plate to fit, drilled and installed. 13. Repair exhaust leak. 382.35 Found exhaust leak at 90 degree elbow at stack. Remove and replaced elbow and clamp. _ Total: $ 42,246.44 Parts/Supplies:31,230.74 Labor:11,015.70 TEARDOWN ESTIMATE: I understand that my vehicle will be reassembled within —days of the date shown above if I choose not to authorize the service recommended. All Parts removed will be discarded unless instructed otherwise. Save all Parts,. NOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT IN CARS IN CASE OF FIRE, THEFT OR ANY OTHER CAUSE Time Signature Date Bromley, Dou0 Page 4 of 4 Copyrighl (c) 201g MllChell Repair rnformallon Company, LLC eelhrs 4 062016M REPAIR OF AIRPORT FIRE FIGHTING VEHICLE On May 17, 2019 the Board approved the repair work for a 1999 Oshkosh fire fighting vehicle in the amount of $59,371 to Emergency Vehicle Specialist, Inc. of Hagerstown, MD. The intent of the scope of work is to repair and/or replace non-working equipment, parts, and service the vehicle and generator. The vendor was tasked with removing and replacing the existing thermal imaging camera, removing and replacing the existing turret to name a few of the items that will be repaired/replaced prior to the unit being ready for in- service and added the department’s fleet of vehicles. The scope work was written with knowledge that some of the repair would be undetermined until the successful bidder had the opportunity to dismantle/disassemble some of the items that needed repaired. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY MARYLAND 100 WEST WASHINGTON STREET, HAGERSTOWN, MARYLAND 21740-4735 CHANGE ORDER TO: Consultant: Contractor: Vendor: Change Order No. Purchase Order No. Contract No. Oracle Account No. Project Title: Date: Nov 21, 2019 The contract time will: increase decrease remain the same by: 255 calendar days working days Description of Change: Reason for Change: The completion date, incorporating the changes included in this change order, is: The original contract sum was: $59,371.00 Net changes by previous change orders: $0.00 Contract sum prior to this change order: $59,371.00 By this Change Order, the contract sum will be changed by: $42,246.44 The new contract sum including this change order will be: $101,617.44 The Consultant/Contractor/Vendor shall not commence with the work described hereon until this form is executed by all agents. Consultant: Finance: Contractor/Vendor: Purchasing: Approving Agency: County Administrator: Outside County Entities: Please email the signed form to ChangeOrder@washco-md.net. After a thorough evaluation of HGR's 1999 Oshkosh fire fighting vehicle, Emergency Vehicle Specialist determined more items needed repaired and/or replaced than estimated in their initial estimate and the bid document's original scope of work The "unknowns / undetermined" repairs are described in the Estimate for Order #059000 dated 10/16/2019. EMERGENCY VEHICLE SPECIALIST WASHCO TBD PUR-1416 35-35-45010-EQP031 Open Session Item SUBJECT: City/County - Fire, Rescue and EMS Automatic/Mutual Aid Memorandum of Understanding PRESENTATION DATE: December 3, 2019 PRESENTATION BY: R. David Hays, Director, Division of Emergency Services (DES), Steve Lohr, Fire Chief, City of Hagerstown RECOMMENDATION: Motion to adopt the Fire. Rescue and EMS Automatic/Mutual Aid Memorandum of Understanding (MOU), as presented, between the City of Hagerstown and the Washington County Board of County Commissioners. REPORT-IN-BRIEF: Resolution RS2014-17 establishes that the Board of County Commissioners serves as they Authority Having Jurisdiction (AHJ) over all matters involving fire, rescue and EMS in Washington County, MD. Additionally, the City of Hagerstown (the City), being a sovereign municipality has provided within its charter the obligation and responsibility to provide fire protection to its Citizens within the corporate limits of the City boundaries. In doing so, the City is recognized as the Authority Having Jurisdiction (AHJ) for fire protection services within the City. The City employs a career Fire Chief and subsequent career staff to guarantee a specified level of service within the City boundary. DISCUSSION: The Division of Emergency Services and the Hagerstown Fire Department have been working collectively over the past two- and one-half years to develop this MOU. The MOU would formalize fire, Rescue and EMS services in each jurisdiction for which it serves as the Authority Having Jurisdiction. Both agencies have solidified language and direction that meets the obligations of both the BOCC and the Mayor and Council respectively. The MOU has been vetted through County, City and WCVFRA legal counsel with no stated objections. The Emergency Services Advisory Council has reviewed the MOU and offers it’s full support by unanimous vote (11/07/2019). FISCAL IMPACT: N/A CONCURRENCES: Director of Emergency Services, Hagerstown Fire Chief, County Attorney, City Attorney ALTERNATIVES: Not adopt the MOU and continue with current verbal agreements ATTACHMENTS: City/County Fire, Rescue and EMS Automatic/Mutual Aid Agreement Board of County Commissioners of Washington County, Maryland Agenda Report Form Page 1 of 6 AUTOMATIC AND MUTUAL AID FIREFIGHTING, RESCUE, AND EMS AGREEMENT This Automatic and Mutual Aid Firefighting, Rescue, and EMS 1 Agreement (“Agreement”) is made this ______ day of _____________, 2019, by and between the Mayor and Council of the City of Hagerstown, Maryland, a body corporate and politic (“City”), and the Board of County Commissioners of Washington County, Maryland, a body corporate and politic and a political subdivision of the State of Maryland (“County”). The City and the County may sometimes be referred to in this Agreement individually as a Party or a Jurisdiction and collectively as the Parties or the Jurisdictions. RECITALS The Parties hereto maintain respective equipment and personnel for the suppression of fires, rescue, and EMS services (collectively “Services”) within their respective boundaries. The Parties wish to enter into this Agreement to provide for cooperative Services and to augment Services in their respective boundaries. The City and the County agree to provide the Services which they are respectively able to provide pursuant to this Agreement. The City has control over paid employees of the City and agrees to provide those Services over which it has control. The County has control over fire protection and rescue services in Washington County, Maryland, pursuant to the following: (1) Sections 10-401 and 10-402 of the Code of Public Local Laws for Washington County, Maryland, and (2) a Resolution Establishing Standards for Volunteer Fire, Rescue, and Ambulance Departments, Resolution No. RS-2014-17, adopted by the Board of County Commissioners on October 14, 2014. The County and City agree to dispatch the resources referenced above by sending the closest appropriate Services in response to a request for Automatic Aid or Mutual Aid in accordance with industry best practices. The Parties deem this Agreement to be mutually beneficial to render Aid to one another in accordance with the terms set forth herein. 1 Emergency Medical Services Page 2 of 6 TERMS & PROVISIONS NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Recitals – The foregoing recitals be and are hereby incorporated herein by reference. 2. Terms – The following terms are defined in this Agreement as stated: a. Aid: Any Services rendered by a Jurisdiction to the other pursuant to this Agreement. Aid shall be provided by the Parties’ employees or agents who possess all required state and local training, licenses, and certifications required for the provision of Services. b. Automatic Aid: Services provided immediately for an emergency response and/or request for Aid. At least 50% of a Jurisdiction’s firefighting capacity must remain within that Jurisdiction when it is providing Automatic Aid. The Automatic Aid dispatch will include any fire, rescue, and/or EMS units as dispatched by “company” or specific “unit.” It is the intent of the City to limit initial Automatic Aid resources to two engines, one aerial, and one chief officer until such time as additional staffed ready reserve units are either transferred into the City or controlled via the career callback system. c. Mutual Aid: Services provided upon request for an emergency response and/or request for Aid. d. First-Due Host Jurisdiction (FDHJ): The Party within whose geographic boundaries the emergency response and/or request for Aid is located. e. Automatic Aid Jurisdiction: The Party whose geographic boundaries are outside the FDHJ but who represents the closest department and/or company to an emergency response and/or request for Aid and, therefore, is appropriately dispatched immediately along with the FDHJ. f. Mutual Aid Jurisdiction: The Party whose geographic boundaries are outside the FDHJ where the emergency response and/or request for Aid is located. g. Incident Commander: The on-scene unit officer, company officer, or chief officer who has assumed operational control (“Command”) of an incident and Page 3 of 6 is responsible for establishing and updating the incident goals, strategies, and tactics and the deployment of assigned resources accordingly. “Command” shall be established by the first arriving unit at the scene of every incident. Command will be continuously maintained from the arrival of the first unit until the departure of the last unit from the incident scene. However, the individual serving as the Incident Commander may change several times throughout the incident as higher levels of command authority, experience, and/or ability are required or as the incident spans multiple operational periods. h. Region: The area consisting of the City of Hagerstown, Maryland, and Washington County, Maryland. 3. Mutual Aid Requests – A Jurisdiction is authorized to request Mutual Aid pursuant to this Agreement whenever it is deemed advisable by the FDHJ or by the Incident Commander. 4. In-Kind Service Delivery – Each Party shall provide Services to ensure an equitable level of in-kind service delivery (including vehicles, equipment, and staff) between the Parties. 5. Automatic Aid Unit – When appropriate during an emergency response, the Washington County Emergency Communications Center (“WCECC”), utilizing computer-aided-dispatch (CAD) procedures, shall determine the Automatic Aid Jurisdiction unit’s or units’ current location and availability for emergency response. If the Automatic Aid Jurisdiction unit(s) is/are available, the WCECC shall immediately dispatch the Automatic Aid Jurisdiction’s unit or units and simultaneously dispatch the FDHJ’s unit or units. 6. Incident Command – Whenever a fire, rescue, or EMS service, department, or company is called to provide service in the Region, the first service, department, or company to arrive will establish Incident Command as prescribed by the National Incident Management System (“NIMS”). Each Party will be responsible for training its respective personnel and will ensure that its personnel are properly and adequately trained in the NIMS. 7. Reimbursement of Costs – The Parties will perform all obligations under this Agreement without reimbursement from each other, unless by agreement or otherwise specified by law, court order, or other legally binding authority. Nothing in this Agreement will be construed to prevent either Party from seeking reimbursement of the Page 4 of 6 costs of Services from third parties, including other individuals or entities or from state or federal funding sources as permitted by law. Each Party will be responsible for payment of workers’ compensation, death, and any other applicable benefits to its own employees or agents who are injured or killed while carrying out operations and activities in furtherance of this Agreement to the same extent as if the injury or death occurred in the normal course of employment in the affected individual’s employing Jurisdiction, without regard to geographical location of the precipitating event. Nothing in this Agreement will be construed against the City with respect to the computation of the tax differential applied to City taxpayers. Nothing in this Agreement will be construed against the County with respect to the computation of the tax differential applied to City taxpayers. The Washington County Volunteer Fire and Rescue Association, Inc. and its member companies will not be billed, nor have any expectation to pay, for any expenses or costs incurred as a result of providing any Services pursuant to this Agreement. 8. Waiver of Claims – Each Party waives all claims or potential claims against the other Party for the compensation of any loss, damage, personal injury, or death resulting from the performance of the Parties’ respective obligations under this Agreement. 9. Integration – This Agreement is the Parties’ final and complete agreement and supersedes all prior mutual aid or other related agreements for Services between the Parties. Either Party may propose amendments to this Agreement from time to time, but no amendment will be effective without the written consent of both Parties. 10. Effectiveness – This Agreement will become effective on the date signed by both Parties and will remain in full force and effect until cancelled by written mutual agreement of the Parties or upon ninety (90) days’ written notice by one Party to the other Party. 11. Purpose and Immunity – All services performed by the Parties and their respective employees or agents, as well as expenditures made under this Agreement, will be deemed to be for public and governmental purposes. All immunities from liability enjoyed by federal, state, and local governments within each Party’s boundaries will extend to each Party’s respective participation and activities in rendering Services outside each Party’s respective boundaries under this Agreement. 12. Liability and Damages – To the extent permitted by applicable law, each Party shall be responsible for their respective agents’ and employees’ acts and omissions conducted within the scope of their duties and causing injury to persons or property. Notwithstanding the foregoing, neither Party shall be responsible to the other Party for punitive damages assessed against their respective employees or agents or for any Page 5 of 6 criminal conduct of their respective employees or agents. Nothing herein shall be deemed as a waiver of sovereign immunity or any other defense available to either Party. 13. Assignment and Applicability – This Agreement cannot be assigned without the written consent of both Parties. This Agreement shall be binding upon and inure to the benefit of the Parties’ respective successors and assigns. 14. Applicable Law – This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. 15. Notices – Notices required under this Agreement are effective if given to the following, unless updated notice information is provided by either Party to the other in the future: If to the City: Steven Lohr, Chief City of Hagerstown Fire Department 25 West Church Street Hagerstown, MD 21740 With a courtesy copy to: Jason Morton Salvatore & Morton, LLC 82 West Washington Street, Suite 100 Hagerstown, MD 21740 If to the County: R. David Hays, Director Washington County Division of Emergency Services 16232 Elliott Parkway Williamsport, MD 21795 With a courtesy copy to: Kirk C. Downey, County Attorney Office of the County Attorney 100 West Washington Street, Suite 1101 Hagerstown, MD 21740 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and delivered. Page 6 of 6 MAYOR AND CITY COUNCIL OF ATTEST: HAGERSTOWN, MARYLAND _____________________________ By: _____________________________ Donna K. Spickler, Clerk Robert E. Bruchey, II, Mayor Approved as to form and Recommended for approval: legal sufficiency: _____________________________ _____________________________ Jason Morton, City Attorney Steven Lohr, City Fire Chief BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, ATTEST: MARYLAND _____________________________ By: _____________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and Recommended for approval: legal sufficiency: _____________________________ _____________________________ Kirk C. Downey, County Attorney R. David Hays, Director, Division of Emergency Services Open Session Item SUBJECT: PUBLIC HEARING- Repeal, Enactment, and Adoption  Repeal the 2015 Maryland Building Performance Standards, with local amendments (i.e. the International Building Code, the International Residential Code, and the International Energy Conservation Code, 2015 Editions)  Enact the 2018 Maryland Building Performance Standards, with local amendments (i.e. the International Building Code, the International Residential Code, the International Energy Conservation Code, 2018 Editions)  Repeal the 2015 International Existing Building Code, with local amendments  Enact the 2018 International Existing Building Code, with local amendments  Repeal the 2015 International Plumbing Code, with local amendments, the 2015 International Mechanical Code, with local amendments, and the 2015 International Fuel Gas Code, with local amendments  Enact the International Plumbing Code, 2018 Edition; the International Mechanical Code, 2018 Edition, and the International Fuel Gas Code, 2018 Edition, all with local amendments  Repeal the 2014 National Electrical Code, with local amendments  Enact the 2017 National Electrical Code, with local amendments  Adopt an Ordinance with amendments to the 2006 ICC Electrical Code - Administrative Provisions, First Printing, with local amendments and Repeal ORD-2015-33  Adopt a Resolution Adopting Fee Schedule for Civil Citations and Repealing Resolution No. RS-2015-23  Adopt an Ordinance entitled "An Ordinance to Adopt Fee Schedules Providing for the Collection of Fees for all Building/Trade Work Performed in Washington County, Maryland" PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Rich Eichelberger, Director/Code Official, Division of Construction; Frank Quillen, Chief Plans Examiner/Deputy Code Official, Division of Construction; Ashley Holloway, Director, Division of Plan Review and Permitting RECOMMENDEDATION: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form REPORT-IN-BRIEF: This public hearing is being held for the purpose of considering the repeal, enactment, or adoption of the above-referenced codes, ordinances, or resolutions. The 2018 Building/Trade Code adoption, as required by the State of Maryland, includes State Building Performance Standards and Washington County local amendments. Local amendments allow for some modification to the new codes for consistency and coordination with customers as well as external agencies. As with prior code cycles, a 2018 Building/Trade Code Review was performed by various government, design, and construction representatives. The volunteer committee members met once a week for several months to review hundreds of pages of code. The purpose of the review was to consider safety, consistency, common sense, and customer service across agencies in the proposed amendments. DISCUSSION: Effective March 25, 2019, the Maryland Department of Labor, Licensing and Regulation (DLLR), now Department of Labor adopted the International Building Code (IBC) 2018, the International Residential Code (IRC) 2018, and the International Energy Conservation Code (IECC) 2018, as modified by DLLR, as the revised 2018 Maryland Building Performance Standards (MBPS), and 2018 Editions of the International Existing Building Code, International Mechanical Code, International Plumbing Code, and the 2017 Edition of the National Electrical Code. All localities in Maryland are required to adopt the stated adopted codes, with or without modification. As part of the 2018 Building/Trade Code adoption process, it is necessary to repeal any existing resolution or ordinance associated with permit fees and civil citations and adopt a new resolution or ordinance that references the adopted 2018 Building/Trade Codes. FISCAL IMPACT: N/A CONCURRENCES: Washington County 2018 Building/Trade Code Review Committee, Washington County Plumbing and Mechanical Board, Electrical Board of Examiners and Supervisors, ALTERNATIVES: N/A ATTACHMENTS: The proposed ordinances adopting the 2018 Maryland Building Performance Standards, the 2018 International Existing Building Code, trade codes, locals amendments thereto, and related ordinance and resolution are available online with this Agenda Report Form and also on the County’s web page at www.washco-md.net. VISUAL NEEDS: N/A 1 OF 6 ORDINANCE NO. ORD-2019-___ AN ORDINANCE TO REPEAL THE INTERNATIONAL MECHANICAL CODE, 2015 EDITION, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL, WITH LOCAL AMENDMENTS, AND TO ENACT THE INTERNATIONAL MECHANICAL CODE, 2018 EDITION, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL, WITH LOCAL AMENDMENTS FOR WASHINGTON COUNTY, MARYLAND RECITALS The Board of County Commissioners of Washington County, Maryland (the “Board”), being concerned with providing protection for the consumer, general public, and owners and occupants of buildings and structures in Washington County, adopted by Ordinance No. ORD- 2015-30 on December 15, 2015, effective March 1, 2016, the 2015 International Mechanical Code, as promulgated by the International Code Council, with local amendments for Washington County, Maryland. It has been recommended that the Board adopt the International Mechanical Code, 2018 Edition, which is more up-to-date and which provides greater safeguards for the consumer, general public, and owners and occupants of buildings and structures in Washington County, Maryland, if implemented, and provides for minimum regulations governing the design, installation, and construction of mechanical systems. A public hearing was held on ___________, 2019, following due notice and advertisement of the text of the International Mechanical Code, 2018 Edition, with local amendments, including Appendix A. Public comment was received, reviewed, and considered concerning the repeal of the 2015 International Mechanical Code, as promulgated by the International Code Council, with local amendments, and the adoption of the International Mechanical Code, 2018 Edition, as promulgated by the International Code Council, with local amendments, including Appendix A. 2 OF 6 NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the 2015 International Mechanical Code, as promulgated by the International Code Council, with local amendments, adopted by Ordinance No. ORD-2015-30, the Board of County Commissioners of Washington County, Maryland on December 15, 2015, effective March 1, 2016, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed; and NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the International Mechanical Code, 2018 Edition, as promulgated by the International Code Council, with local amendments, including Appendix A, the contents of which are incorporated herein by reference, is enacted with the following insertions, amendments and additions: Section 101.1 Amended Sections 101.1.1-101.1.8 Added Section 103.1 Amended Section 106.5.2 Amended Section 106.5.3 Deleted Section 108.4 Amended Section 108.4.1 Added Section 108.5 Amended Section 109.1 Amended Section 109.2 Deleted Section 306.3 Amended Section 504.8.2 Amended Appendix A Adopted Appendix B Deleted ~~~~~~~~~~~~~~~ CHAPTER 1 – ADMINISTRATION, is amended as follows: SECTION 101, GENERAL, is amended as follows: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Mechanical Code of Washington County, Maryland, hereinafter referred to as "this code." Sections 101.1.1 through 101.1.7 are added to read as follows: 101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on _____________, 2019, effective ________, 20__, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 3 OF 6 101.1.2 International Existing Building Code. Any reference to the International Existing Building Code, shall mean the International Existing Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on ____________, 2019, effective _____________, 20__, by the Board of County Commissioners of Washington County, Maryland. 101.1.3 ICC Electrical Code. For the applicable electrical requirements, refer to the NFPA70:National Electrical Code, 2017 Edition, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on _____________, 2019, effective ___________, 20__, as may be amended or restated from time to time, and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective March 1, 2008, and amended on ___________, 2019 effective ________, 20__. 101.1.4 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. 101.1.5 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on _____________, 2019, effective on _________, 20__. 101.1.6 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted on ___________, 2009, effective ________, 20__, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 101.1.7 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland, on ____________, 2019, effective __________, 20__. 101.1.8 International Energy Conservation Code. Any reference to the International Energy Conservation Code shall mean the International Energy Conservation Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted on ____________, 2019, effective _________, 20__, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 4 OF 6 SECTION 103, DEPARTMENT OF MECHANICAL INSPECTIONS, is amended as follows: Section 103.1 is amended to read as follows: 103.1 General. The Director of the Washington County Division of Construction shall be known as the Code Official and the Chief Plans Examiner of the Division of Construction shall be known as Deputy Code Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Official shall be referred to singularly or collectively as the Code Official. SECTION 106, PERMITS, is amended as follows: Section 106.5.2 is amended to read as follows: 106.5.2 Fee schedule. The fees for all mechanical work shall be paid as required in accordance with the schedule as established by the Board of County Commissioners of Washington County, Maryland. Section 106.5.3 is deleted in its entirety. SECTION 108, VIOLATIONS, is amended as follows: Section 108.4 is amended to read as follows: 108.4 Criminal penalties. Any person, firm, corporation, or entity that violates any of the provisions of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents 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 less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00), or by imprisonment not exceeding one (1) year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.4.1 is added and shall read as follows: 108.4.1 Civil Penalties. Any person, firm, corporation, or entity that violates any of the provisions of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Md. Code, Local Government Article, § 6-102, et seq. The fine for a civil offense shall be established by resolution by the Board of County Commissioners of Washington County, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 5 OF 6 Section 108.5 is amended to read as follows: 108.5 Stop work orders. Upon notice from the Code Official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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 liable for a fine of not less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00). SECTION 109, MEANS OF APPEAL, is amended as follows: Section 109.1 is amended to read as follows: 109.1 Application for appeal. Any person shall have the right to appeal a decision of the Code Official to the Washington County Plumbing/Mechanical Board (the “Plumbing/Mechanical Board”). An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within twenty (20) days after the notice was served. All appeals shall be heard in accordance with the rules, regulations, and procedures adopted by the Plumbing/Mechanical Board. Section 109.2 is deleted in its entirety. CHAPTER 3, GENERAL REGULATIONS, is amended as follows: SECTION 306, ACCESS AND SERVICE SPACE, is amended as follows: Section 306.3 is amended to read as follows: 306.3 Appliances in attics. Attics containing appliances shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest appliance. Access shall be by a pull-down or fixed stairway. CHAPTER 5, EXHAUST SYSTEMS, is amended as follows: SECTION 504, CLOTHES DRYER EXHAUST, is amended as follows: Section 504.8.2 is amended to read as follows: 6 OF 6 504.8.2 Duct Installation. Exhaust ducts shall be supported at 4-foot (1219 mm) intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the directions of airflow. Ducts shall not be joined with screws or similar fasteners that protrude into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. *** APPENDICES THE FOLLOWING APPENDIX IS HEREBY ADOPTED: APPENDIX A - CHIMNEY CONNECTOR PASS-THROUGHS THE FOLLOWING APPENDIX IS HEREBY DELETED IN ITS ENTIRETY: APPENDIX B - RECOMMENDED PERMIT FEE SCHEDULE Adopted this ____ day of __________, 2019. Effective the _____ day of ________, 20___. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ___________________________________ _______________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: ___________________________________ B. Andrew Bright Assistant County Attorney Mail to: County Attorney’s Office 100 W. Washington Street, Suite 1101 Hagerstown, Maryland 21740 \\washco-md.net\CountyAttorney\Documents\Permits\International Mechanical Code - Adoption of 2018 IMC\ORD\Ordinance adopting 2018 IMC - draft (vlg).doc 1 OF 46 ORDINANCE NO. ORD-2019-__ AN ORDINANCE TO ADOPT THE 2018 MARYLAND BUILDING PERFORMANCE STANDARDS AS ADOPTED BY THE STATE OF MARYLAND (COMAR 05.02.07), WITH MODIFICATIONS, AND SUBJECT TO LOCAL AMENDMENTS FOR WASHINGTON COUNTY, MARYLAND RECITALS The Board of County Commissioners of Washington County, Maryland (the "Board") by Curative Ordinance No. ORD-2016-04 adopted on March 1, 2016, effective March 1, 2016, (correcting Ordinance No. ORD-2015-27 adopted on December 15, 2015, effective March 1, 2016), adopted the International Building Code, 2015 Edition (IBC), the International Residential Code, 2015 Edition (IRC), and the International Energy Conservation Code, 2015 Edition (IECC), promulgated by the International Code Council as the Maryland Building Performance Standards (the "2015 Standards"). The State of Maryland has updated and adopted, with modifications, the International Building Code, 2018 Edition (IBC), the International Residential Code, 2018 Edition (IRC), and the International Energy Conservation Code, the 2018 Edition (IECC), promulgated by the International Code Council as the Maryland Building Performance Standards (the "2018 Standards"). Chapter 294 of the Acts of the 2009 Acts of the General Assembly of Maryland provides that local jurisdictions shall implement and enforce the most current version of the Standards and any local amendments to the Standards. The Board now desires to adopt the 2018 Standards as adopted by the State of Maryland, with local amendments for Washington County, Maryland. A public hearing was held on ____________, 2019, following due notice and advertisement of the text of the 2018 Standards as adopted by the State of Maryland, subject to local amendments for Washington County, Maryland. 2 OF 46 Public comment was received, reviewed, and considered concerning the adoption of the Standards. NOW, THEREFORE, BE IT ORDAINED that ORD-2016-04 and ORD-2015-27 adopting the 2015 Standards be REPEALED. NOW, THEREFORE, BE IT ORDAINED that the Board of County Commissioners of Washington County, Maryland hereby ADOPTS the 2018 Maryland Building Performance Standards as adopted by the State of Maryland, the contents of which are incorporated herein by reference and subject to the local amendments as set forth in ARTICLES I, II, and III, attached hereto. ARTICLE I: Local Amendments to the International Building Code, 2018 Edition ARTICLE II: Local Amendments to the International Residential Code, 2018 Edition ARTICLE III: Local Amendments to the International Energy Conservation Code, 2018 Edition Adopted this ____ day of ______________, 2019. Effective the ____ day of __________, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ___________________________________ _______________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: ___________________________________ B. Andrew Bright Assistant County Attorney Mail to: Office of the County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 \\washco-md.net\CountyAttorney\Documents\Permits\Maryland Building Performance Standards 2018 adoption (IBC, IRC, IECC)\ORD\Ordinance adopting 2018 MBPS (IRC, IBC, IECC).docx 3 OF 46 ARTICLE I LOCAL AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, 2018 EDITION The International Building Code, 2018 Edition, as adopted by the State of Maryland in the Maryland Building Performance Standards (COMAR 05.02.07) is hereby amended with the following insertions, amendments and additions: Section 101.1 Amended Sections 101.1.1 – 101.1.11 Added Section 103.1 Amended Section 104.10 Amended Section 105.2 Amended Section 105.8 Added Section 106 Deleted Section 107.2.6.1 Deleted Section 109.4 Amended Section 110.3.3 Deleted Section 110.3.3 Note Added Section 114.4 Amended Section 114.5 Added Section 202 Amended Section 305.2.3 Amended Section 308.5.4 Amended Section 311.1.1 Amended Section 501.2 Amended Section 901.6 Amended Section 903.2.1.2 Amended Chapter 11 Deleted Chapter 11 Note Added Section 1507.16 Amended Sections 1507.16.2 - 1507.16.5 Added Section 1512.1 Amended Sections 1512.2 - 1512.5 Added Section 1607.2 Amended Table 1607.1 Amended Section 1608.2 Amended Section 1809.5 Amended Table 1809.7 Amended Table 2304.10.1 Amended Section 2308.3.1 Amended Section 2406.1.5 Added Chapter 27 - Electrical Deleted Chapter 27- Electrical Note Added Section 3001.1 Amended Section 3109.1 – 3109.5 Amended Appendices B, C, N AND H Adopted Appendices A, D, E, F, G, I, J, K , L and M Deleted ~~~~~~~~~~~~~~~ CHAPTER 1 – ADMINISTRATION, is amended as follows: SECTION 101, GENERAL, is amended as follows: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Building Code of Washington County, Maryland, hereinafter referred to as "this code." Sections 101.1.1 through 101.1.11 are added and shall read as follows: 101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2018 Edition, as amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland, as adopted on _____________, 2019, effective __________, 20__, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 4 OF 46 101.1.2 International Existing Building Code. Any reference to the International Existing Building Code, shall mean the International Existing Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on __________, 2019, effective __________, 20__, by the Board of County Commissioners of Washington County, Maryland. 101.1.3 ICC Electrical Code. For the applicable electrical requirements, refer to the NFPA70:National Electrical Code, 2017 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective _________, 2019, and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective March 1, 2008, and amended on ____________, 2019, effective _________, 20__. 101.1.4 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. 101.1.5 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on _____________, 2019, effective on ___________, 20__. 101.1.6 International Property Maintenance Code. Any reference to the International Property Maintenance Code shall mean the Washington County Livability Code adopted by the Board of County Commissioners of Washington County, Maryland on November 1, 1988, effective January 1, 1989, Revision 1 adopted and effective May 9, 2006, and as may be amended or restated from time to time. 101.1.7 International Mechanical Code. Any reference to the International Mechanical Code shall mean the International Mechanical Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective on _________, 20__. 101.1.8 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective __________, 20__. 101.1.9 International Energy Conservation Code. Any reference to the International Energy Conservation Code shall mean the International Energy Conservation Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, adopted on _____________, 2019, effective _________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. 5 OF 46 101.1.10 Flood-Resistant Construction. All sections of this code relating to applicable requirements for flood hazard areas shall refer to the Washington County Floodplain Management Ordinance adopted by the Board of County Commissioners of Washington County, Maryland on May 16, 2017, effective August 15, 2017, as may be amended or restated from time to time. 101.1.11 Supplementary Accessibility Requirements. All sections of this code relating to applicable requirements for handicapped accessibility issues of references to Chapter 11 shall refer to the Maryland Accessibility Code, (COMAR 05.02.02), as may be amended or restated from time to time. SECTION 103, DEPARTMENT OF BUILDING SAFETY, is amended as follows: Section 103.1 is amended to read as follows: 103.1 Creation of enforcement agency. The Director of the Washington County Division of Construction shall be known as the Building Official and the Chief Plans Examiner of the Division of Construction shall be known as Deputy Building Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Building Official and Deputy Building Official shall be referred to singularly or collectively as the Building Official. SECTION 104, DUTIES AND POWERS OF BUILDING OFFICIAL Section 104.10 is amended to read as follows: 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Division of Plan Review and Permitting. SECTION 105, PERMITS, is amended as follows: Section 105.2, Work exempt from permit, Building, 1, 4, 9 & 12 are amended to read as follows: 105.2 Work exempt from permit. *** Building: 1. One-story detached accessory structures, of wood or metal construction, not used for human habitation, provided the floor area does not exceed 400 square feet. *** 4. Retaining walls that retain less than 36-inches of unbalanced backfill unless supporting a surcharge or impounding Class I, II, or IIIA liquids. *** 6 OF 46 9. Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2 which are less than 24 inches (610 mm) deep. *** 12. Noncombustible awnings or canopies shaped to positively shed snow and supported by an exterior wall that do not project more than 54 inches from the exterior wall and have a maximum height of four (4) feet and a maximum width of eight (8) feet. Awnings or canopies with proposed lighting as an integral part or that are intended to be used as a sign shall require a permit. *** No. 14 is added and shall read as follows: 14. Agricultural Building in accordance with Section 202. (A structure designed and constructed to house farm implements, hay, grain poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be used by the public.) Section 105.8 is added and shall read as follows: 105.8 Withholding of permits. Wherever the Building Official shall find that any person, agent, firm or corporation, whether as owner, lessee or occupant, is in violation of the provisions of this code or of the rules and regulations of any other department or agency of Washington County in connection with the erection, maintenance, use or repair of buildings, structures, lands or equipment thereon or therein, he may refuse to grant any further permits or inspections until all violations have been corrected and approved. SECTION 106, FLOOR AND ROOF DESIGN LOADS, is deleted in its entirety. SECTION 107, SUBMITTAL DOCUMENTS, is amended as follows: Section 107.2.6.1, Design flood elevations, is deleted in its entirety. Section 107.2.8, Relocatable buildings. is amended to read as follows: 107.2.8 Relocatable buildings. Construction documents for relocatable buildings shall comply with Section 3113. SECTION 109, FEES, is amended as follows: Section 109.4 is amended to read as follows: 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to one hundred percent (100%) of the usual permit fee in addition to the required permit fees. 7 OF 46 SECTION 110, INSPECTIONS, is amended as follows: Section 110.3.3 Lowest floor elevation, is deleted in its entirety. [Add] NOTE: For the applicable requirements concerning flood hazard areas, refer to the Washington County Floodplain Management Ordinance adopted by the Board of County Commissioners of Washington County, Maryland on May 16, 2017, effective August 15, 2017, as may be amended or restated from time to time. SECTION 114, VIOLATIONS, is amended as follows: Section 114.4 is amended to read as follows: 114.4 Criminal penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building 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 less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00), or by imprisonment not exceeding one (1) year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 114.5 is added and shall read as follows: 114.5 Civil Penalties. Any person, firm, corporation or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Md. Code, Local Government Article, §6-102, et seq. The penalty for a civil offense shall be established by resolution by the Board of County Commissioners of Washington County, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense. CHAPTER 2, DEFINITIONS, is amended as follows: SECTION 202, DEFINITIONS, is amended as follows: The following definition is amended to read as follows: TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides and is separated by a property line. The following definitions are added and shall read as follows: AGRICULTURE. The raising of farm products for use or sale, including animal or poultry husbandry, animal husbandry facilities, aquaculture, and the growing of crops such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar products of the soil. AGRICULTURAL OPERATION. Any parcel of land that has an agricultural assessment as determined by the Maryland State Department of Assessments and Taxation. 8 OF 46 CHAPTER 3, USE AND OCCUPANCY CLASSIFICATION, is amended as follows: SECTION 305, EDUCATIONAL GROUP E, is amended as follows: Section 305.2.3 is amended to read as follows: 305.2.3 Eight or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having eight or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. SECTION 308, INSTITUTIONAL GROUP I Section 308.5.4 is amended to read as follows: 308.5.4 Eight or fewer persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having eight or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. SECTION 311, STORAGE GROUP S Section 311.1.1 is amended to read as follows: 311.1.1 Accessory Storage Spaces. A room or space used for storage purposes that is less than 100 square feet (9.3 m²) in area and accessory to another occupancy shall be classified as part of that occupancy. The aggregate area of such rooms or spaces shall not exceed the allowable area limits of Section 508.2. CHAPTER 5, GENERAL BUILDING HEIGHTS AND AREAS, is amended as follows: SECTION 501, GENERAL is amended as follows: Section 501.2 is amended to read as follows: 501.2 Address identification. New and existing buildings shall be provided with approved address numbers or letters. Each character shall be not less than 6 inches in height and not less than 0.5 inch in width. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property. When required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address numbers shall be maintained. CHAPTER 9, FIRE PROTECTION SYSTEMS, is hereby deleted in its entirety. SECTION 901 GENERAL, is amended as follows: Section 901.6 is amended to read as follows: 9 OF 46 901.6 Supervisory service. Where required by the authority having jurisdiction, fire protection systems shall be monitored by an approved supervising station in accordance with NFPA 72. SECTION 903, AUTOMATIC SPRINKLER SYSTEMS, is amended as follows: Sections 903.2.1.2 is amended to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for fire areas containing Group A-2 occupancies and intervening floors of the building where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5m2); 2. The fire area has an occupant load of 100 or more or a night club with an occupant load of 50 or more; or 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. CHAPTER 11, ACCESSIBILITY, is hereby deleted in its entirety. [Add] NOTE: For the applicable requirements concerning accessibility requirements refer to the Maryland Accessibility Code, (COMAR 05.02.02), as may be amended or restated from time to time. CHAPTER 15, ROOF ASSEMBLIES AND ROOFSTOP STRUCTURES, is amended as follows: SECTION 1507, REQUIREMENTS FOR ROOF COVERINGS, is amended as follows: Sections 1507.16 is amended to read as follows: 1507.16 Vegetative roofs, rooftop gardens and landscaped roofs. Rooftop gardens and landscaped roofs shall be installed and maintained in accordance with this chapter and Sections 1505, 1607.13.3 and the State Fire Prevention Code. Sections 1507.16.2 through 1507.16.5 are added and shall read as follows: 1507.16.2 Rooftop garden or landscaped roof size. Rooftop garden or landscaped roof areas shall not exceed 15,625 square feet (1,450 m2) in size for any single area with a maximum dimension of 125 feet (39 m) in length or width. A minimum 6-foot-wide (1.8 m) clearance consisting of a Class A-rated roof system complying with ASTM E 108 or UL 790 shall be provided between adjacent rooftop gardens or landscaped roof areas. 1507.16.3 Rooftop structure and equipment clearance. For all vegetated roofing systems abutting combustible vertical surfaces, a Class A-rated roof system complying with ASTM E 108 or UL 790 shall be achieved for a minimum 6-foot-wide (1.8 m) continuous border placed around rooftop structures and all rooftop equipment including, but not limited to, mechanical and machine rooms, penthouses, skylights, roof vents, solar panels, antenna supports, and building service equipment. 10 OF 46 1507.16.4 Vegetation. Vegetation shall be maintained in accordance with Sections 1507.16.4.1 and 1507.16.4.2. 1507.16.4.1 Irrigation. Supplemental irrigation shall be provided to maintain levels of hydration necessary to keep green roof plants alive and to keep dry foliage to a minimum. 1507.16.4.2 Dead foliage. Excess biomass, such as overgrown vegetation, leaves, and other dead and decaying material, shall be removed at regular intervals not less than two times per year. 1507.16.4.3 Maintenance plan. The Building Official is authorized to require a maintenance plan for vegetation placed on roofs due to the size of a roof garden, materials used, or when a fire hazard exists to the building or exposures due to the lack of maintenance. 1507.16.5 Maintenance equipment. Fueled equipment stored on roofs and used for the care and maintenance of vegetation on roofs shall be stored in accordance with the State Fire Prevention Code. SECTION 1512, SOLAR PHOTOVOLTAIC PANELS and MODULES, is amended as follows: Sections 1512.1 is amended to read as follows: 1512.1 Solar photovoltaic panels and modules. Solar photovoltaic panels and modules installed upon a roof or as an integral part of a roof assembly shall comply with the requirements of this code and NFPA 70 and the State Fire Prevention Code. Exception: Detached, non-habitable Group U structures including, but not limited to, parking shade structures, carports, solar trellises, and similar structures shall not be subject to the requirements of this section. Sections 1512.2 through 1512.5 are added and shall read as follows: 1512.2 Marking. Marking is required on interior and exterior direct-current (DC) conduit, enclosures, raceways, cable assemblies, junction boxes, combiner boxes, and disconnects. 1512.2.1 Materials. The materials used for marking shall be reflective, weather resistant, and suitable for the environment. Marking as required in Section 1512.2.2 through 1512.2.4 shall have all letters capitalized with a minimum height of 3/8 inch (9.5 mm) white on red background. 1512.2.2 Marking content. The marking shall contain the words “WARNING: PHOTOVOLTAIC POWER SOURCE.” 1512.2.3 Main service disconnect. The marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the disconnect is operated. 1512.2.4 Location of marking. Marking shall be placed on interior and exterior DC conduit, raceways, enclosures, and cable assemblies every 10 feet (3048 mm), within 1 foot (305 mm) of turns or bends and within 1 foot (305 mm) above and below penetrations of roof/ceiling assemblies, walls, or barriers. 11 OF 46 1512.3 Locations of DC conductors. Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities. Conduit runs between sub arrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof by taking the shortest path from the array to the DC combiner box. The DC combiner boxes shall be located such that conduit runs are minimized in the pathways between arrays. DC wiring shall be installed in metallic conduit or raceways when located within enclosed spaces in a building. Conduit shall run along the bottom of load bearing members. 1512.4 Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections 1512.4.1 through 1512.4.3.3. Exceptions: 1. Residential structures shall be designed so that each photovoltaic array is no greater than 150 feet (45720 mm) by 150 feet (45720 mm) in either axis. 2. Panels/modules shall be permitted to be located up to the roof ridge where an alternative ventilation method approved by the fire chief has determined vertical ventilation techniques will not be employed. 1512.4.1 Roof access points. Roof access points shall be located in areas that do not require the placement of ground ladders over openings such as windows or doors and located at strong points of building construction in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs. 1512.4.2 Residential systems for one- and two-family dwellings. Access to residential systems for one- and two-family dwellings shall be provided in accordance with Section 1511.4.2.1 through 1511.4.2.4. 1512.4.2.1 Residential buildings with hip roof layouts. Panels/modules installed on residential buildings with hip roof layouts shall be located in a manner that provides a 3-foot wide (914 mm) clear access pathway from the eave to the ridge on each roof slope where panels/modules are located. The access pathway shall be located at a structurally strong location on the building capable of supporting the live load of fire fighters accessing the roof. Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less. 1512.4.2.2 Residential buildings with a single ridge. Panels/modules installed on residential buildings with a single ridge shall be located in a manner that provides two, 3-foot-wide (914 mm) access pathways from the eave to the ridge on each roof slope where panels/modules are located. Exception: This requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less. 1512.4.2.3 Residential buildings with roof hips and valleys. Panels/modules installed on residential buildings with roof hips and valleys shall be located no closer than 18 inches (457 mm) to a hip or a valley where panels/modules are to be placed on both sides of a hip or valley. 12 OF 46 Where panels are to be located on only one side of a hip or valley that is of equal length, the panels shall be permitted to be placed directly adjacent to the hip or valley. Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less. 1512.4.2.4 Residential building smoke ventilation. Panels/modules installed on residential buildings shall be located no higher than 3 feet (914 mm) below the ridge in order to allow for fire department smoke ventilation operations. 1512.4.3 Other than residential buildings. Access to systems for occupancies other than one- and two-family dwellings shall be provided in accordance with Sections 1512.4.3.1 through 1512.4.3.3. Exception: Where it is determined by the Building Official that the roof configuration is similar to that of a one- or two-family dwelling, the residential access and ventilation requirements in Sections 1512.4.2.1 through 1512.4.2.4shall be permitted to be used. 1512.4.3.1 Access. There shall be a minimum 6-foot-wide (1829 mm) clear perimeter around the edges of the roof. Exception: Where either axis of the building is 250 feet (76200 mm) or less, there shall be a minimum 4-foot-wide (1219 mm) clear perimeter around the edges of the roof. 1512.4.3.2 Pathways. The solar installation shall be designed to provide designated pathways. The pathways shall meet the following requirements. 1. The pathway shall be over areas capable of supporting the live load of fire fighters accessing the roof. 2. The centerline axis pathways shall be provided in both axes of the roof. Centerline axis pathways shall run where the roof structure is capable of supporting the live load of fire fighters accessing the roof. 3. Shall be a straight line not less than 4 feet (1219 mm) clear to skylights or ventilation hatches. 4. Shall be a straight line not less than 4 feet (1219 mm) clear to roof standpipes. 5. Shall provide not less than 4 feet (1219 mm) clear around roof access hatch with at least one not less than 4 feet (1219 mm) clear pathway to parapet or roof edge. 1512.4.3.3 Smoke ventilation. The solar installation shall be designed to meet the following requirements: 1. Arrays shall be no greater than 150 feet (45720 mm) by 150 feet (45720 mm) in distance in either axis in order to create opportunities for fire department smoke ventilation operations. 2. Smoke ventilation options between array sections shall be one of the following: 2.1. A pathway 8 feet (2438 mm) or greater in width 13 OF 46 2.2. A 4-foot (1219 mm) or greater in width pathway and bordering roof skylights or smoke and heat vents. 2.3. A 4-foot (1219 mm) or greater in width pathway and bordering 4-foot by 8- foot (1219 mm by 2438 mm) “venting cutouts” every 20 feet (6096 mm) on alternating sides of the pathway. 1512.5 Ground-mounted photovoltaic arrays. Ground-mounted photovoltaic arrays shall comply with Section 1512through 1512.3 and this section. Setback requirements shall not apply to ground-mounted, free-standing photovoltaic arrays. A clear, brush-free area of 10-feet (3048 mm) shall be required for ground-mounted photovoltaic arrays. CHAPTER 16, STRUCTURAL DESIGN, is amended as follows: SECTION 1607, LIVE LOADS, is amended as follows: Section 1607.2 is amended by adding the following exception: 1607.2 Loads not specified. Where not otherwise specified, a minimum roof live load of 30 psf shall be applied to roof structures; with no reductions permitted. TABLE 1607.1 Number 26. is amended as follows: *** TABLE 1607.1 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS AND MINIMUM CONCENTRATED LIVE LOADSg *** OCCUPANCY OR USE UNIFORM (psf) RATED All roof surfaces subject to maintenance workers Awnings and canopies: Fabric construction supported by a skeleton structure All other construction, except one- and two- family dwellings Ordinary flat, pitched, and curved roofs (that are not occupiable) Primary roof members exposed to a work floor Single panel point of lower chord of roof trusses or any point along primary structural members supporting roofs over manufacturing, storage warehouses, and repair garages All other primary roof members Occupiable roofs: Roof gardens Assembly areas 5 ͫ 30 30ₘ 100 100m Note l 300 2,000 300 14 OF 46 *** SECTION 1608, SNOW LOADS is amended as follows: Section 1608.2 is amended to read as follows: 1608.2 Ground snow loads. The ground snow load to be used in determining the design snow load for roofs shall be 40 psf. CHAPTER 18, SOILS AND FOUNDATIONS, is amended as follows: SECTION 1809, SHALLOW FOUNDATIONS, is amended as follows: Section 1809.5 is amended to read as follows: 1809.5 Frost protection. Except where otherwise protected from frost, foundation and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extending below the frost line of the locality; or 2. Erecting on solid rock. Exception: Free-standing buildings meeting all of the following conditions shall not be required to be protected: 1. Assigned to Risk Category I, in accordance with Section 1604.5; 2. Area of 400 square feet or less; and 3. Eave height of 10 feet (3048 mm) or less. Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character. TABLE 1809.7 is amended by adding Footnote h. and shall read as follows: *** h. All structures requiring continuous footings shall be reinforced with a minimum two (2) #4 reinforcing bars or as specified by a design professional. CHAPTER 23, WOOD, is amended as follows: TABLE 2304.10.1, Number 6, is amended to read as follows: 15 OF 46 TABLE 2304.10.1 FASTENING SCHEDULE *** DESCRIPTION OF BUILDING ELEMENTS NUMBER AND TYPE OF FASTENER A, B, C Roof *** *** *** 6. Rafter to plate (pre-engineered trusses and rafters) (see Section 2308.7.5, Table 2308.7.5) connected to the wall top plate with required to resist up-lift and lateral - SECTION 2308, CONVENTIONAL LIGHT-FRAME CONSTRUCTION, is amended as follows: Section 2308.3.1 is amended to read as follows: 2308.3.1 Foundation plates or sills. Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1. Foundation plates or sills shall be bolted or anchored to the foundation with not less than ½-inch-diameter (12.7 mm) steel bolts or approved anchors spaced to provide equivalent anchorage as the steel bolts. Bolts shall be embedded not less than 7 inches (178 mm) into concrete or masonry. The bolts shall be located in the middle third of the width of the plate. Bolts shall be spaced not more than 4 feet (1219 mm) on center and there shall be not less than two bolts or anchor straps per piece with one bolt or anchor strap located not more than 12 inches (305 mm) or less than 4 inches (102 mm) from each end of each piece. Bolts in sill plates of braced wall lines in structures over two stories above grade shall be spaced not more than 4 feet (1219 mm) on center. A properly sized nut and washer shall be tightened on each bolt to the plate. CHAPTER 24, GLASS AND GLAZING, is amended as follows: SECTION 2406, SAFETY GLAZING, is amended as follows: Section 2406.1 is amended by adding section 2406.1.5 and shall read as follows: 2406.1 Human impact loads. *** 2406.1.5 Code Conflict. The requirements for safety glazing set forth in Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland, are in addition to Chapter 24, Section 2406 of the IBC related to safety glazing. In the event of conflict between this chapter and the Annotated Code of Maryland, the requirements of the Annotated Code of Maryland shall prevail. CHAPTER 27, ELECTRICAL, is hereby deleted in its entirety. [add]NOTE: For the applicable electrical requirements, refer to the NFPA70:National Electrical Code, 2017 Edition, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective ___________, 20__, as may be amended or restated from time to time, and the 2006 ICC 16 OF 46 Electrical Code - Administrative Provisions, First Printing, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective March 1, 2008, and amended on _____________, 2019, effective _________, 20__. CHAPTER 30, ELEVATORS AND CONVEYING SYSTEMS, is amended as follows: SECTION 3001, GENERAL, is amended as follows: Section 3001.1 is amended to read as follows: 3001.1 Scope. This chapter governs the design, construction, installation, alteration and repair of elevators and conveying systems and their components. The provisions of this chapter relate to elevators and conveying systems and are in addition to and not instead of the requirements set forth in Md. Code, Public Safety Article, Title 12, Subtitle 8. In the event of a conflict between this code and Md. Code, Public Safety Article, Title 12, Subtitle 8, the provisions of Md. Code, Public Safety Article, Title 12, Subtitle 8, shall prevail. CHAPTER 31, SPECIAL CONSTRUCTION, is amended as follows: SECTION 3109, SWIMMING POOL ENCLOSURES AND SAFETY DEVICES, is amended as follows: Section 3109.1 is amended to read as follows: 3109.1 General. Swimming pools shall comply with the requirements of Sections 3109.02 through 3109.5 and other applicable sections of this code. Section 3109.2 is amended to read as follows: 3109.2 Definition. The following term is defined in Chapter 2: SWIMMING POOLS Section 3109.3 is amended to read as follows: 3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence not less than 6 feet in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch diameter sphere. The fence or screen enclosure shall be equipped with self- closing and self-latching gates. Section 3109.4 is amended to read as follows: 3109.4 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3111.4.1 through 3111.4.3. Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346 need not comply with this section. 3109.4.1 Barrier height and clearances. The top of the barrier shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not 17 OF 46 greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). 3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3109.4.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.4.1.3 Closely spaced horizontal members. Where the barrier is composed or horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.1.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2¼-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the opening to not more than 1¾ inches (44 mm). 3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1¾ inches (44 mm). 3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of Section 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates shall have a self- latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A, units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In 18 OF 46 dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F 1346. 3. Other means of protection, such as self-closing doors with self-latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above. 3109.4.1.9 Pool structure as barrier. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked, or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Section 3109.4.1.1 through 3111.4.1.8. Where the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. 3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8. 3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment, or similar objects from being used to climb the barriers. Section 3109.5 is amended to read as follows: 3109.5 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7. APPENDICES THE FOLLOWING APPENDICES ARE ADOPTED IN THEIR ENTIRETY: APPENDICES B, C, H AND N THE FOLLOWING APPENDICES ARE DELETED IN THEIR ENTIRETY: APPENDICES A, D, E, F, G, I, J, K, L and M [End of Local Amendments to International Building Code, 2018 Edition] 19 OF 46 ARTICLE II LOCAL AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE, 2018 EDITION The International Residential Code, 2018 Edition, as adopted by the State of Maryland in the Maryland Building Performance Standards (COMAR 05.02.07) is hereby amended with the following insertions, amendments and additions: Section R101.1 Amended Section R101.1.1 – R101.1.9 Added Section R103.1 Amended Section R104.10.1 Deleted Section R105.2 Amended Section R105.3.1.1 Deleted Section R105.5 Amended Section R105.7 Amended Section R105.10 Added Section R108.6 Amended Section R113.4 Amended Section R113.5 Added Sections R115.1 - R115.4 Added Section 202 Amended Table R301.2(1) Amended Section R302.1.1 Added Section R313.2 Amended Section R321.3 Amended Section R324.6 Amended Section R324.6.3 Added Section R324.6.4 Added Sections R326 Deleted Section R328 Added Section R329 Added Section R330 Added Section R331 Added Section R332 Added Section R333 Added Section R403.1 Amended Section R403.1.4.1 Amended Section 403.1.6 Amended Section R403.3 Deleted Section R403.3.1 Deleted Section R403.3.1.1 Deleted Figure R403.3(1) Deleted Table R403.3(1) Deleted Figure R403.3(2) Deleted Table R403.3(2) Deleted Figure R403.3(3) Deleted Section R403.3.1.2 Deleted Figure R403.3(4) Deleted Section R403.3.2 Deleted Section R403.3.3 Deleted Section R403.3.4 Deleted Section R404.3 Amended Section R404.4 Amended Section R407.3 Amended Section R408.6 Amended Section R502.6 Amended Table R602.3(1) Amended Figure R602.3(2) Amended Section N1102.4.1.2 Amended Table N1105.5.2(1) Amended Section N1106.2 Amended Section M1305.1.3 Amended Section M1502.4.2 Amended Chapter 25 Deleted Chapter 26 Deleted Chapter 27 Deleted Chapter 28 Deleted Section P2901 Deleted Section P2902 Deleted Section P2903 Deleted Section P2904.2.3 Amended Section P2904.2.3.1 Added Section P2905 Deleted Section P2906 Deleted Section P2907 Deleted Section P2908 Deleted Chapter 30 Deleted Chapter 31 Deleted Chapter 32 Deleted Chapter 33 Deleted Part VIII – Electrical Deleted Part VIII – Note Added Appendices A, B, C, D, E, F, G, H, N, O, Q, R and S Adopted Appendices I, J, K, L, M, P and T Deleted Appendix U Added ~~~~~~~~~~~~~~~ 20 OF 46 PART I – ADMINISTRATION, CHAPTER 1, ADMINISTRATION, is amended as follows: SECTION R101, TITLE SCOPE AND PURPOSE, is amended as follows: Section R101.1 is amended to read as follows: R101.1 Title. These provisions shall be known as the Residential Code for One- and Two- family Dwellings of Washington County, Maryland, and shall be cited as such and will be referred to herein as "this code." Sections R101.1.1 through R101.1.10 are added and shall read as follows: R101.1.1 International Existing Building Code. Any reference to the International Existing Building Code shall mean the Maryland Building Rehabilitation Code (COMAR Title 5, Subtitle 16), as may be amended or restated from time to time. R101.1.2 ICC Electrical Code. For the applicable electrical requirements, refer to the NFPA70:National Electrical Code, 2017 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective ________, 20__, and the 2006 ICC Electrical Code - Administrative Provisions, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective March 1, 2008, and amended on ______________, 2019, effective _______, 20__. R101.1.3 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. R101.1.4 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on _____________, 2019, effective on _________, 20__. R101.1.5 International Property Maintenance Code. Any reference to the International Property Maintenance Code shall mean the Washington County Livability Code adopted by the Board of County Commissioners of Washington County, Maryland on November 1, 1988, effective January 1, 1989, Revision 1 adopted and effective May 9, 2006, and as may be further amended or restated from time to time. R101.1.6 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective on _________, 20__. R101.1.7 International Mechanical Code. Any reference to the International Mechanical Code shall mean the International Mechanical Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local 21 OF 46 amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on _____________, 2019, effective on ________, 20__. R101.1.8 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted on ______________, 2019, effective on _________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. R101.1.9 International Energy Conservation Code. Any reference to the International Energy Conservation Code shall mean the International Energy Conservation Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, adopted on ___________, 2019, effective on ________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. SECTION R103, DEPARTMENT OF BUILDING SAFETY, is amended as follows: Section R103.1 is amended to read as follows: R103.1 Creation of enforcement agency. The Director of the Washington County Division of Construction) shall be known as the Building Official and the Chief Plans Examiner of the Division of Construction shall be known as Deputy Building Official and are hereby authorized and directed to administer and enforce all provisions of this code. The Building Official and Deputy Building Official shall be referred to singularly or collectively as the Building Official. THE FOLLOWING SECTIONS RELATING TO FLOOD HAZARD AREAS ARE HEREBY DELETED IN THEIR ENTIRETY: R104.10.1 Flood hazard areas. R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. [add]NOTE: For the applicable requirements concerning flood hazard areas, refer to the Washington County Floodplain Management Ordinance adopted by the Board of County Commissioners of Washington County, Maryland on May 16, 2017, effective August 15, 2017, as may be amended or restated from time to time. SECTION R105, PERMITS, is amended as follows: Section R105.2 is amended to read as follows: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 22 OF 46 Building: 1. One-story detached accessory structures, of wood or metal construction, not used for human habitation, provided the floor area does not exceed 400 square feet. *** 3. Retaining walls that retain less than 36-inches of unbalanced backfill unless supporting a surcharge. Electrical: *** 4. Deleted in its entirety. *** Section R105.5 is amended to read as follows: R105.5 Expiration. Every permit issued shall become invalid if the work authorized by such permit is not commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced, or if no inspections have been performed by the Building Official for a period of 180 days. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Section R105.7 is amended to read as follows: R105.7 Placement of permit. The permit holder or his agent shall post the inspection record on the job site in an accessible and conspicuous place to allow the Building Official to make the required entries. The record shall be maintained by the permit holder until the final inspection has been made and approved. Section R105.10 is added and shall read as follows: R105.10 Withholding of permits. Whenever the Building Official shall find that any person, agent, firm or corporation, whether as owner, lessee or occupant, is in violation of the provisions of this code or of the rules and regulations of any other department or agency of Washington County in connection with the erection, maintenance, use or repair of buildings, structures, lands, or equipment thereon or therein, he may refuse to grant any further permits or inspections until all violations have been corrected and approved. SECTION R108 FEES, is amended as follows: Section R108.6 is amended to read as follows: R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before 23 OF 46 obtaining the necessary permits shall be subject to 100 percent (100%) of the usual permit fee in addition to the required permit fees. SECTION R113, VIOLATIONS, is amended as follows: Section R113.4 is amended to read as follows: R113.4 Criminal penalties. Any person, firm, corporation or entity that violates any of the provisions of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building 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 less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00), or by imprisonment not exceeding one (1) year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section R113.5 is added and shall read as follows: R113.5 Civil Penalties. Any person, firm, corporation or entity that violates any of the provisions of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Maryland Code, Local Government Article, § 6-102, et seq. The fine for a civil offense shall be established by resolution by the Board of County Commissioners of Washington County, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense. SECTION R115, UNSAFE STRUCTURES AND EQUIPMENT, is added and shall read as follows: R115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. R115.2 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. R115.3 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other 24 OF 46 manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner. R115.4 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations, or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and the International Existing Building Code. PART II, DEFINITIONS, is amended as follows: SECTION R202, DEFINITIONS, is amended as follows: (i) The following definition is amended to read as follows: BASEMENT. That portion of a building that is partly or completely below grade with a ceiling height greater than or equal to 6 feet 8 inches (see STORY ABOVE GRADE PLANE). (ii) The following definition is added and shall read as follows: SEMI-DETACHED DWELLING UNIT. Two single-family dwelling units separated by a property line with open space on three (3) sides and shall be regulated the same as a townhouse. (iii) The following definition is amended to read as follows: TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two (2) sides and is separated by a property line. PART III, BUILDING PLANNING AND CONSTRUCTION, CHAPTER 3, BUILDING PLANNING, is amended as follows: SECTION R301, DESIGN CRITERIA is amended as follows: Table R301.2(1) is amended and Footnote l. is added and shall read as follows: 25 OF 46 Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA g. Or most recent adopted FEMA flood hazard map. SECTION R302, FIRE-RESISTENT CONSTRUCTION is added and shall read as follows: R302.1.1 Balconies and decks on townhouses and semi-detached dwellings. All portions of balconies and decks on townhouses or semi-detached dwellings constructed with combustible materials or fire retardant treated wood shall not be closer than 24 inches (609.6 mm) from any property line. SECTION R313, AUTOMATIC FIRE SPRINKLER SYSTEMS, is amended as follows: Section R313.2 is amended to read as follows: R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. This shall include modular and manufactured homes manufactured after July 1, 2015. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. SECTION R321, ELEVATORS AND PLATFORM LIFTS, is amended as follows: Section 321.3 is amended to read as follows: R321.3 Accessibility. Elevators or platform lifts that are part of an accessible route shall comply with the Maryland Accessibility Code (COMAR 05.02.02). SECTION 324 SOLAR ENERGY SYSTEMS, is amended as follows: Section 324.6is amended to read as follows: R324.6 Roof Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections R324.6.1 through R324.6.4.5. GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORYf WINTER DESIGN TEMP ICE BARRIER UNDERLAYMENT REQUIREDh FLOOD HAZARDSg, n AIR FREEZING INDEXi MEAN ANNUAL TEMPj SPEED d (mph) Topographic effectsk Special wind region1 borne debris Weatheringa Frost Line Depthb Termitec 30psf 115 NO No No A Severe 30" Moderate to Heavy 12˚F Yes 2017 722 53.5°F MANUAL J DESIGN CRITERIAⁿ Elevation Latitude heating cooling correction factor temperature temperature cooling Heating temperature difference Cooling temperature difference Wind velocity heating cooling wet bulb range humidity humidity − −− 26 OF 46 Exceptions: 1. Roof access, pathways, and spacing requirements need not be provided on detached accessory structures; including, but not limited to, sheds, garages, parking shade structures, carports, and solar trellises. 2. Roof access, pathways, and spacing requirements need not be provided on up to 50 percent of the dwelling roof area; including, but not limited to, one side of a single- ridge roof of equal sides. 3. No Panel or module may be located within one foot of a roof edge, ridge, h ip, valley, or penetration. Section 324.6.1 is amended to read as follows: R324.6.1 Roof access points. Roof access points shall be located in areas that do not require the placement of ground ladders over openings such as windows or doors and located at strong points of building construction in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs. Section 324.6.2 is amended to read as follows: R324.6.2 Solar photovoltaic systems. Solar photovoltaic systems shall comply with Sections R342.6.2.1 through R342.6.2.2. R324.6.2.1 Size of solar photovoltaic array. Each photovoltaic array shall be limited to 150 feet by 150 feet (45720 by 45720 mm). Multiple arrays shall be separated by a clear access pathway not less than 3 feet (914 mm) in width. R324.6.2.2 Hip roof layouts. Panels and modules installed on dwellings with hip roof layouts shall be located in a manner that provides a clear access pathway not less than 3 feet (914 mm) in width from the eave to the ridge on each roof slope where panels and modules are located. The access pathway shall be located at a structurally strong location on the building capable of supporting the live load of fire fighters accessing the roof. Exception: These requirements shall not apply to roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) and less. R324.6.2.3 Single ridge roofs. Panels and modules installed on dwellings with a single ridge shall be located in a manner that provides two, 3-foot-wide (914 mm) access pathways from the eave to the ridge on each roof slope where panels or modules are located. Exception: This requirement shall not apply to roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) and less. R324.6.2.4 Roofs with hips and valleys. Panels and modules installed on dwellings with roof hips or valleys shall not be less than 18 inches (457 mm) from a hip or valley where panels or modules are to be placed on both sides of a hip or valley. Where panels are to be located on one side only of a hip or valley that is of equal length, the 18- inch (457 mm) clearance does not apply. 27 OF 46 Exception: These requirements shall not apply to roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) and less. R324.6.2.5 Allowance for smoke ventilation operations. Panels and modules installed on dwellings shall not be located less than one foot below the roof ridge to allow for fire department smoke ventilation operations. Section 324.6.2.2 is amended to read as follows: R324.6.2.6 Emergency escape & rescue opening. Panels and modules installed on dwellings shall not be placed on the portion of a roof that is below an emergency escape and rescue opening. A pathway not less than 36 inches (914 mm) wide shall be provided to the emergency escape and rescue opening. SECTION R326 SWIMMING POOLS, SPAS AND HOT TUBS, is deleted as follows: Section R326 is hereby deleted in its entirety. SECTION R328 SITE SAFETY, is added and shall read as follows: R328.1 Scope The provisions of this chapter shall govern safety during construction and the protection of adjacent public and private properties. R328.1.1 Storage and placement. Construction equipment and materials shall not be stored on roadways or in right-of-ways or placed so as to endanger the public, workers, or adjoining property for the duration of the construction project. SECTION R329 CONSTRUCTION SAFEGUARDS, is added and shall read as follows: R329.1 Remodeling and additions. Required exits, existing structural elements, fire protection devices, and sanitary safeguards shall be maintained at all times during remodeling, alterations, repairs, or additions to any building or structure. Exceptions: 1. When such required elements or devices are being remodeled, altered, or repaired, adequate substitute provisions shall be made. 2. When the existing building is not occupied. R329.2 Manner of removal. Waste materials shall be removed in a manner which prevents injury or damage to persons, adjoining properties, and public rights-of-way. R329.3 Abandon sites. Excavated sites that have been abandoned shall be protected with a 48-inch high construction fence or the excavated area shall be filled and maintained to the existing grade. SECTION R330 DEMOLITION is added and shall read as follows: R330.1 Construction documents. Construction documents and a schedule for demolition must be submitted when required by the building official. Where such information is required, no work shall be done until such construction documents or schedule, or both, are approved. 28 OF 46 R330.2 Vacant lot. Where a structure has been demolished or removed, the site shall be filled and maintained to the existing grade or in accordance with the ordinances of the jurisdiction having authority. R330.3 Water accumulation. Provision shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property. R330.4 Utility connections. Service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the authority having jurisdiction. SECTION R331 SITE WORK is added and shall read as follows: R331.1 Excavation and fill. Excavation and fill for buildings and structures shall be constructed or protected so as not to endanger life or property. Stumps and roots shall be removed from the soil to a depth of at least 12 inches (305 mm) below the surface of the ground in the area to be occupied by the building. Wood forms which have been used in placing concrete, if within the ground or between foundation sills and the ground, shall be removed before a building is occupied or used for any purpose. Before completion, loose, or casual wood shall be removed from direct contact with the ground under the building. R331.2 Roads, streets, alleys and entrances. Roads, streets, alleys, and entrances shall be kept clean and free of all debris. R331.3 Surcharge. No fill or other surcharge loads shall be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additional loads caused by the fill or surcharge. Existing footings or foundations which can be affected by any excavation shall be underpinned adequately or otherwise protected against settlement and shall be protected against later movement. R331.4 Fill supporting foundations. Fill to be used to support the foundations of any building or structure shall comply with Section R404.1.7. SECTION R332 PROTECTION OF ADJOINING PROPERTY SITE SAFETY is added and shall read as follows: R332.1 Protection required. Adjoining public and private property shall be protected from damage during construction, remodeling, and demolition work. Protection must be provided for footings, foundations, party walls, chimneys, skylights, and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition activities. SECTION R333 TEMPORARY USE OF STREETS, ALLEYS AND PUBLIC PROPERTY, is added and shall read as follows: R333.1 Storage and handling of materials. The temporary use of streets or public property for the storage or handling of materials or of equipment required for construction or demolition, and the protection provided to the public, shall comply with the provisions of the authority having jurisdiction and this chapter. R333.2 Obstructions. Construction materials and equipment shall not be placed or stored so as to obstruct access to fire hydrants, standpipes, fire or police alarm boxes, catch basins or manholes, nor shall such material or equipment be located within 20 feet (6096 mm) of a street 29 OF 46 intersection, or placed so as to obstruct normal observations of traffic signals or to hinder the use of public transit loading platforms. R333.3 Utility fixtures. Building materials, fences, sheds, or any obstruction of any kind shall not be placed so as to obstruct free approach to any fire hydrant, fire department connection, utility pole, manhole, fire alarm box, or catch basin, or so as to interfere with the passage of water in the gutter. Protection against damage shall be provided to such utility fixtures during the progress of the work, but sight of them shall not be obstructed. PART III, BUILDING PLANNING AND CONSTRUCTION, CHAPTER 4, FOUNDATIONS, is amended as follows: SECTION R403, FOOTINGS, is amended as follows: Section R403.1 General is amended to read as follows: R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, crushed stone footings, wood foundations, or other approved structural systems which shall be of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined from the character of the soil. Footings shall be supported on undisturbed natural soils or engineered fill. Concrete footing shall be designed and constructed in accordance with the provisions of Section R403 or in accordance with ACI 332. All structures requiring continuous footings shall be reinforced with a minimum of two (2) #4 reinforcing bars or as specified by a design professional. Exception: Footings are not required to be stepped or continuous where changes of footing elevations exceed 4 feet. Such footings can be connected by masonry lintels with a minimum 18 inches of bearing on concrete footings with reinforcements. Section R403.1.4.1, Frost protection, is amended to read as follows: R403.1.4.1 Frost Protection. Except where otherwise protected from frost, foundation walls, piers, and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extended below the frost line specified in Table R301.2.(1); or 2. Erected on solid rock. Exception: 1. Protection of freestanding accessory structures with an area of 400 square feet or less with an eave height of ten (10) feet or less shall not be required. Section R403.1.6 Foundation anchorage is amended to read as follows: R403.1.6 Foundation anchorage. Wood sill plates and wood walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section. 30 OF 46 Cold-formed steel framing shall be anchored directly to the foundation or fastened to wood sill plates anchored to the foundation. Anchorage of cold-formed steel framing and sill plates supporting cold-formed steel framing shall be in accordance with this section and Section R505.3.1 or R603.3.1. Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum ½-inch-diameter (12.7 mm) anchor bolts spaced a maximum of 4 feet on center or approved anchors or anchor straps spaced as required to provide equivalent anchorage to ½-inch-diameter (12.7 mm) anchor bolts. Bolts shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. The bolt shall be located in the middle third of the width of the plate. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318. Exceptions: 1. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in Item 9 of Table R602.3(1). The following sections, figures and tables are deleted in their entirety: Section R403.3 Frost protected shallow foundations. Section R403.3.1 Foundations adjoining frost-protected shallow foundations. Section R403.3.1.1 Attachment to unheated slab-on-ground structure. Section R403.3.1.2 Attachment to heated structure. Section R403.3.2 Protection of horizontal insulation below ground. Section R403.3.3 Drainage. Section R403.3.4 Termite protection. Figure R403.3(1) Table R403.3(1) Figure R403.3(2) Table R403.3(2) Figure R403.3(3) Figure R403.3(4) SECTION R404, FOUNDATION AND RETAINING WALLS, is amended as follows: Section R404.3 Wood sill plates, is amended to read as follows: R404.3 Wood sill plates. Wood sill plates shall be a minimum of 2-inch by 6-inch nominal lumber for basement and crawl spaces with walls with unbalanced fill greater than 4 feet in height. Other sill plates shall be a minimum of 2-inch by 4-inch nominal lumber. Sill plate anchorage shall be in accordance with Sections R403.1.6 and R602.11. 31 OF 46 Section R404.4 Retaining walls, is amended to read as follows: R404.4 Retaining walls. Retaining walls that are not laterally supported at the top and that retain in excess of 36-inches of unbalanced fill shall be designed to ensure stability against overturning, sliding, excessive foundation pressure, and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning. SECTION 407, COLUMNS, is amended as follows: R407.3 Structural requirements. The columns shall be restrained to prevent lateral displacement at the bottom end. Wood columns shall not be less in nominal size than 4 inches by 4 inches (102mm by 102 mm). Steel columns shall not be less than 3-inch-diameter (76 mm) Schedule 40 pipe manufactured in accordance with ASTM A 53 Grade B or as required by design. Exception: In Seismic Design Categories A, B, and C, columns no more than 48 inches (1219mm) in height on a pier or footing are exempt from the bottom end lateral displacement requirement within under-floor areas enclosed by a continuous foundation. SECTION R408, UNDER-FLOOR SPACE, is amended as follows: Section R408.6 is amended to read as follows: R408.6 Finished Grade. The finished grade of under-floor surface shall not be any lower than the top of the footings; crawlspace piers must be dug in or backfilled to top. However, where there is evidence that the groundwater table can rise to within 6 inches (152 mm) of the finished floor at the building perimeter, or where there is evidence that the surface water does not readily drain from the building site, the grade in the under-floor space shall be as high as the outside finished grade, unless an approved drainage system is provided. PART III, BUILDING, PLANNING AND CONSTRUCTION, CHAPTER 5, FLOORS SECTION R502, WOOD FLOOR FRAMING, is amended as follows: Section R502.6 is amended to read as follows: R502.6 Bearing. The ends of each joist, beam, or girder shall have not less than 1 ½ inches (38 mm) of bearing on wood or metal and not less than 3 inches (76 mm) on masonry or concrete except where supported by approved joist hangers. Alternatively, the ends of joists shall be supported on a 1-inch by 4-inch (25 mm by 102 mm) ribbon strip and nailed to the adjacent stud The bearing on masonry or concrete shall be direct, or a sill plate of 2-inch-minimum (51 mm) nominal thickness shall be provided under the joist, beam, or girder. The sill plate shall provide a minimum nominal bearing area of 48 square inches (30 865 mm²). When steel shims are used, the shim length and width shall provide full bearing area for the beam or girder and shall not exceed 1½ inches in height. 32 OF 46 PART III, BUILDING, PLANNING AND CONSTRUCTION, CHAPTER 6, WALL CONSTRUCTION, is amended as follows: SECTION R602, WOOD WALL FRAMING, is amended as follows: Table 602.3(1) is amended to read as follows: NUMBER AND TYPE OF A, B, C *** *** *** *** 6 Rafter to plate (pre-engineered trusses and rafters) (see Section 2308.7.5, Table 2308.7.5) Trusses and rafters shall be connected to the wall top plate with an approved hurricane tie as required to resist up-lift and lateral loads - *** *** *** *** 33 OF 46 FIGURE R602.3(2) is amended to read as follows: PART IV, ENERGY CONSERVATION is hereby amended as follows: SECTION N1102 (R402) BUILDING THERMAL ENVELOPE, is amended as follows: Section N1102.4.1.2 (R402.4.1.2) Testing is amended to read as follows: 34 OF 46 Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate not exceeding five air changes per hour Climate Zones 1 and 2, and three air changes per hour in Climate Zones 3 through 8. Testing shall be conducted in accordance with RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Where required by the building official, testing shall be conducted by an approved third part. A written report of the results of the test shall be signed by the party conducting the test and provided to the building official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. Except as provided for in the: (i) Simulated Performance Path listed in Section N1105 (R405); and (ii) Energy Rating Index Compliance Alternative in Section N1106 (R406); SECTION N1105 (R405) SIMULATED PERFORMANCE ALTERNATIVE (PERFORMANCE), is amended as follows: Table N1105.5.2(1) [R405.5.2(1)] is amended to read as follows: TABLE N1105.5.2(1) [R405.5.2(1)] SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS Air exchange rate *** Not to exceed 5 air changes per hour with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for Standard Reference Design The mechanical ventilation rateb shall be in addition to the air leakage rate and shall be as SECTION N1106 (R406) ENERGY RATING INDEX COMPLIANCE ALTERNATIVE, is amended as follows: Section N1106.2 (R406.2) Mandatory requirements. Exception is added and shall read as follows: Exception: *** 2. The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for ERI Reference Design. 35 OF 46 PART V, MECHANICAL, MECHANICAL ADMINISTRATION is hereby amended as follows: SECTION 1305 APPLIANCE ACCESS, is amended as follows: Section 1305.1.2 is amended to read as follows: M1305.1.2 Appliances in attics. Attics containing appliances shall be provided with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) long measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring in accordance with Chapter 5 not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be not less than 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest appliance. Access shall be by a pull-down or fixed stairway. Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15250 mm) long. SECTION 1502 CLOTHES DRYER EXHAUST, is amended as follows: Section 1502.4.2 is amended to read as follows: M1502.4.2 Duct Installation. Exhaust ducts shall be supported at intervals not to exceed 4-feet intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Ducts shall not be joined with screws or similar fasteners that protrude into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. PART VII, PLUMBING, PLUMBING ADMINISTRATION is hereby amended as follows: (a) Chapters 25 through 28 are hereby deleted in their entirety. (b) Chapter 29, Sections P2901 through P2903 and are hereby deleted in their entirety. (c) SECTION P2904 DWELLING UNIT FIRE SPRINKLER SYSTEMS is amended as follows: Section P2904.2.3 is amended to read as follows: P2904.2.3. Freezing areas. Piping shall be protected from freezing as required by Section P2904.2.3.1. Where sprinklers are required in areas that are subject to freezing, dry- 36 OF 46 sidewall or dry-pendent sprinklers extending from a nonfreezing area into a freezing area shall be installed. Section P2904.2.3.1 is added and shall read as follows: P2904.2.3.1. Freezing. In localities having a winter design temperature of 32° F (0° C) or lower as shown in Table R301.2(1) of this code, a water (sprinkler pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subject to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. (c) Sections P2905 through P2908 are hereby deleted in their entirety. (d) Chapters 30 through 33 are hereby deleted in their entirety [add]NOTE: For the applicable requirements concerning plumbing systems, refer to the International Plumbing Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on _______________, 2019, effective _________, 20___. PART VIII, ELECTRICAL, CHAPTERS 34-43, GENERAL REQUIREMENTS is hereby deleted in its entirety. [add]NOTE: For the applicable electrical requirements, refer to the NFPA70 National Electrical Code, 2017 Edition, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective __________, 20__, as may be amended or restated from time to time, and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective March 1, 2008, and amended on ______________, 2019, effective ________, 20___. PART IX, REFERENCED STANDARDS, is hereby amended as follows: THE FOLLOWING APPENDICES ARE ADOPTED IN THEIR ENTIRETY OR AS AMENDED: APPENDICES A, B, C, D, E, F, G, H, N, O, Q, R and S. THE FOLLOWING APPENDICES ARE DELETED IN THEIR ENTIRETY: APPENDICES I, J, K, L, M, P, and T 37 OF 46 APPENDIX U SWIMMING POOLS, SPAS AND HOT TUBS, is added and shall read as follows: Section AU101 is added and shall read as follows: AU101.1 General. The provisions of this appendix shall control the design and construction of swimming pools, spas, and hot tubs installed in or on the lot of a one- or two- family dwelling. Section AU102 Definitions added and shall read as follows: AU102.1 General. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2. ABOVE-GROUND/ON-GROUND POOL. See “Swimming pool.” BARRIER. A fence, wall, building wall, or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. HOT TUB. See “Swimming pool.” IN-GROUND POOL. See “Swimming pool.” RESIDENTIAL. That which is situated on the premises of a detached one- or two- family dwelling, or a one-family townhouse not more than three stories in height. SPA, NONPORTABLE. See “Swimming pool.” SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating, and water-circulating equipment are an integral part of the product. SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water more than 24 inches (610 mm) deep. This includes in-ground, above- ground and on-ground swimming pools, hot tubs, and spas. SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure. SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool. Section AU103 Swimming Pools is added and shall read as follows: AU103.1 In-ground pools. In-ground pools shall be designed and constructed in compliance with ANSI/NSPI-5. AU103.2 Above-ground and on-ground pools. Above-ground and on-ground pools shall be designed and constructed in compliance with ANSI/NSPI-4. Section AU104 Spas and Hot Tubs is added and shall read as follows: 38 OF 46 AU104.1 Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in compliance with ANSI/NSPI-3. AU104.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in compliance with ANSI/NSPI-6. Section AU105 Barrier Requirements is added and shall read as follows: AU105.1 Application. The provisions of this appendix shall control the design of barriers for residential swimming pools, spas, and hot tubs. These design controls are intended to provide protection against potential drowning and near-drowning by restricting access to swimming pools, spas, and hot tubs. AU105.2 Outdoor swimming pool. An outdoor swimming pool, including an in- ground, above-ground, or on-ground pool, hot tub, or spa, shall be surrounded by a barrier which shall comply with the following: 1. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 2. Openings in the barrier shall not allow the passage of a 4-inch diameter (102 mm) sphere. 3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ (44 mm) in width. 5. Where the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ (44 mm) in width. 6. Maximum mesh size for chain link fences shall be a 2 ¼-inch (57 mm) square, unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than 1¾ inches (44 mm). 39 OF 46 7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1¾ inches (44 mm). 8. Access gates shall comply with the requirements of Items 1 through 7 and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates, other than pedestrian access gates, shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 m) from the bottom of the gate, the release mechanism and openings shall comply with the following: 8.1 The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate; and 8.2 The gate and barrier shall have no opening larger than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 9. Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met: 9.1 The pool shall be equipped with a powered safety cover in compliance with ASTM F 1346; 9.2 Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. The deactivation switch(es) shall be located at least 54 inches (1372 mm) above the threshold of the door; or 9.3 Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable as long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described herein. 10. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is ladder or steps: 10.1 The ladder or steps shall be capable of being secured, locked, or removed to prevent access; or 10.2 The ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 through 9. When the ladder or steps are secured, locked, or removed, any openings created shall not allow the passage of a 4-inch – diameter (102 mm) sphere. AU105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Item 9 of Section AG105.2. AU105.4 Prohibited locations. Barriers shall be located to prohibit permanent structures, equipment, or similar objects from being used to climb them. 40 OF 46 AU105.5 Barrier exceptions. Spas or hot tubs with a safety cover which comply with ASTM F 1346 shall be exempt from the provisions of this appendix. Section AU106 Entrapment Protection for Swimming Pool and Spa Suction Outlets is added and shall read as follows: AU106.1 General. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7. [End of Local Amendments to International Residential Code, 2018 Edition] 41 OF 46 ARTICLE III LOCAL AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE, 2018 EDITION The International Energy Conservation Code, 2018 Edition, as adopted by the State of Maryland in the Maryland Building Performance Standards (COMAR 05.02.07) is hereby amended with the following insertions, amendments and additions: IECC — COMMERCIAL PROVISIONS Section C101.1 Amended Sections C101.1.1-C101.1.7 Added Section C108.4 Amended Section C202 - General Definitions Amended Section C405.2.4 Amended IECC —RESIDENTIAL PROVISIONS Section R101.1 Amended Sections R101.1.1–R101.1.7 Added Section R108.4 Amended Section R202 - General Definitions Amended Section R402.4.1.2 Amended Table R405.5.2(1) Amended Section R406.2 Amended ~~~~~~~~~~~~~~~ IECC—COMMERCIAL PROVISIONS - CHAPTER 1[CE] – SCOPE AND ADMINISTRATION, is amended as follows: Part 1-SCOPE AND APPLICATION, SECTION C101, SCOPE AND GENERAL REQUIREMENTS, is amended as follows: Section C101.1 is amended to read as follows: C101.1 Title. This code shall be known as the International Energy Conservation Code of Washington County, Maryland, and shall be cited as such. It is referred to herein as "this code." Sections C101.1.1 through C101.1.7 are added and shall read as follows: C101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland, as adopted on ________________, 2019, effective _________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. C101.1.2 International Existing Building Code. Any reference to the International Existing Building Code shall mean the Maryland Building Rehabilitation Code (COMAR Title 5, Subtitle 16), as may be amended or restated from time to time. 42 OF 46 C101.1.3 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. C101.1.4 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective on _________, 20__. C101.1.5 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted on ____________, 2019, effective __________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. C101.1.6 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective ________, 20__. C101.1.7 International Mechanical Code. Any reference to the International Mechanical Code shall mean the International Mechanical Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective on __________, 20__. SECTION C108, STOP WORK ORDER, is amended as follows: Section C108.4 is amended to read as follows: C108.4 Failure to comply. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work 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 liable to a fine of not less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00). IECC—COMMERCIAL PROVISIONS - CHAPTER 2[CE] – DEFINITIONS, is amended as follows: SECTION C202, GENERAL DEFINITIONS, is amended as follows: The following definition is amended to read as follows: 43 OF 46 CODE OFFICIAL. The Director of the Washington County Division of Construction shall be known as the Code Official and the Chief Plans Examiner shall be known as Deputy Code Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Official shall be referenced to singularly or collectively as the Code Official. IECC—COMMERCIAL PROVISIONS - CHAPTER 4[CE] – DEFINITIONS, is amended as follows: SECTION C405 ELECTRICAL POWER AND LIGHTING SYSTEMS, is amended as follows: Section C405.2.4 Specific application controls is amended to read as follows: *** 5. Each hotel guest room shall be equipped with a master control device that automatically turns off the power to all of the lighting fixtures in the guest room no more than 30 minutes after the room has been vacated. 5.1 A master control device may also control the heating, ventilation, or air conditioning default settings in hotel guest rooms 30 mins after a room has been vacated by: 5.1.1 Increasing the set temperature by at least 3 degrees Fahrenheit when in the air conditioning mode; or 5.1.2 Decreasing the set temperature by at least 3 degrees Fahrenheit when in the heating mode. ~~~~~~~~~~~~~~~ IECC—RESIDENTIAL PROVISIONS - CHAPTER 1[RE] – SCOPE AND ADMINISTRATION, is amended as follows: Part 1-SCOPE AND APPLICATION, SECTION R101, SCOPE AND GENERAL REQUIREMENTS, is amended as follows: Section R101.1 is amended to read as follows: R101.1 Title. This code shall be known as the International Energy Conservation Code of Washington County, Maryland, and shall be cited as such. It is referred to herein as "this code." Sections R101.1.1 through R101.1.7 are added and shall read as follows: R101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland, as adopted on ________, 2019, effective ________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. 44 OF 46 R101.1.2 International Existing Building Code. Any reference to the International Existing Building Code shall mean the Maryland Building Rehabilitation Code (COMAR Title 5, Subtitle 16), as may be amended or restated from time to time. R101.1.3 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. R101.1.4 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as may be amended or restated from time to time as promulgated by the International Code Council, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective on ________, 20__. R101.1.5 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as may be amended or restated from time to time as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted on ______________, 2019, effective ___________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. R101.1.6 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective __________, 20__, as may be amended or restated from time to time. R101.1.7 International Mechanical Code. Any reference to the International Mechanical Code shall mean the International Mechanical Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on _____________, 2019, effective on __________, 20__. SECTION R108, STOP WORK ORDER, is amended as follows: Section R108.4 is amended to read as follows: R108.4 Failure to comply. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work 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 liable to a fine of not less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00). IECC—RESIDENTIAL PROVISIONS - CHAPTER 2[RE] – DEFINITIONS, is amended as follows: 45 OF 46 SECTION R202, GENERAL DEFINITIONS, is amended as follows: The following definition is amended to read as follows: CODE OFFICIAL. The Director of the Washington County Division of Construction shall be known as the Code Official and the Chief Plans Examiner shall be known as Deputy Code Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Official shall be referenced to singularly or collectively as the Code Official. IECC—RESIDENTIAL PROVISIONS - CHAPTER 4[RE] – RESIDENTIAL ENERGY EFFICIENCY, is amended as follows: SECTION R402, BUILDING THERMAL ENVELOPE, is amended as follows: Section R402.4.1.2 Testing is amended to read as follows: Section R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate not exceeding five air changes per hour Climate Zones 1 and 2, and three air changes per hour in Climate Zones 3 through 8. Testing shall be conducted in accordance with RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Where required by the building official, testing shall be conducted by an approved third part. A written report of the results of the test shall be signed by the party conducting the test and provided to the building official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. Except as provided for in the: (i) Simulated Performance Path listed in Section R405; and (ii) Energy Rating Index Compliance Alternative in Section R406; SECTION R405 SIMULATED PERFORMANCE ALTERNATIVE (PERFORMANCE), is amended as follows: Table R405.5.2(1) is amended to read as follows: TABLE R405.5.2(1) SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS Air exchange rate *** Not to exceed 5 air changes per hour with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for Standard Reference Design The mechanical ventilation rateb shall be in addition to the air leakage rate and shall be as 46 OF 46 SECTION R406 ENERGY RATING INDEX COMPLIANCE ALTERNATIVE, is amended as follows: Section R406.2 Mandatory requirements. Exception is added and shall read as follows: Exception: *** 2. The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for ERI Reference Design. [End of Local Amendments to the International Energy Conservation Code, 2018 Edition] 1 OF 18 ORDINANCE NO. ORD-2019-___ AN ORDINANCE TO REPEAL THE 2015 INTERNATIONAL PLUMBING CODE, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL, WITH LOCAL AMENDMENTS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND AS THE PLUMBING CODE OF WASHINGTON COUNTY, MARYLAND ON DECEMBER 15, 2015, EFFECTIVE MARCH 1, 2016, AND TO ENACT THE INTERNATIONAL PLUMBING CODE, 2018 EDITION, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL, WITH LOCAL AMENDMENTS FOR WASHINGTON COUNTY, MARYLAND RECITALS The Board of County Commissioners of Washington County, Maryland, being concerned with securing the proper installation of systems for furnishing potable water for sanitary sewage disposal and storm drainage, and to ensure public safety, health, and welfare insofar as they are affected by regulating and controlling the design, construction, quality of materials, installation, alteration, repair, location, relocation, replacement, addition to use, or maintenance of plumbing systems, adopted by Ordinance No. ORD-2015-29, the 2015 International Plumbing Code with local amendments on December 15, 2015, effective March 1, 2016. It has been recommended that the Board of County Commissioners adopt the International Plumbing Code, 2018 Edition, as promulgated by the International Code Council, which is more up-to- date and which provides greater safeguards for residents of Washington County, Maryland, if implemented. A public hearing was held on ___________, 2019 following due notice and advertisement of the text of the International Plumbing Code, 2018 Edition, as promulgated by the International Code Council, with certain requested insertions, deletions, and amendments. Public comment was received, reviewed, and considered concerning the repeal of the 2015 International Plumbing Code, as promulgated with the International Code Council, with local amendments and the adoption of the International Plumbing Code, 2018 Edition, as promulgated by the International Code Council, including Chapters 1 through 15, Appendices B, C, D, and E, and local amendments. 2 OF 18 NOW, THEREFORE, be it ordained and enacted that the 2015 International Plumbing Code, as promulgated by the International Code Council, with local amendments, adopted as the Plumbing Code of Washington County, Maryland on December 15, 2015, effective March 1, 2016 (ORD-2015-29), and all other ordinances or parts of ordinances in conflict herewith are repealed; and NOW, THEREFORE, be it ordained and enacted that the International Plumbing Code, 2018 Edition, as promulgated by the International Code Council, the contents of which are incorporated herein by reference, is enacted with the following insertions, deletions, and amendments: ********** The following sections, tables, and appendix are hereby deleted, amended, or added: Section 101.1 Amended Section 101.1.1 Added Section 101.1.2 Added Section 101.1.3 Added Section 101.1.4 Added Section 101.1.5 Added Section 101.1.6 Added Section 101.1.7 Added Section 101.1.8 Added Section 103.1 Amended Section 103.1.1 Added Section 103.3 Amended Section 106.2 Amended Section 106.3 Amended Section 106.3.1.1 Added Section 106.6.2 Amended Section 106.6.3 Deleted Section 107.2.2.1 Added Section 107.2.3.1 Added Section 108.4 Amended Section 108.4.1 Added Section 108.5 Amended Section 109.1 Amended Section 109.2 - 109.6.2 Deleted Section 301.4.1 Added Section 305.4 Amended Section 305.4.1 Amended Section 306.3 Amended Section 309.1 Amended Section 309.2-309.3 Deleted Section 312.2 Amended Section 312.2.1 Added Section 312.2.2 Added Section 401.3.1 Added Section 403.1 Amended Section 404.1 Amended Section 418.3 Added Section 603.1 Amended Table 605.3 Amended Table 605.4 Amended Section 608.12 Added Section 608.14.10 Added Section 608.15 Amended Section 701.2 Amended Table 702.1 Amended Table 702.2 Amended Table 702.3 Amended Table 702.4 Amended Table 706.3 Amended Section 708.1.10.3 Added Section 802.4.1 Amended Section 903.1 Amended Section 904.1 Amended Section 905.1 Amended Section 918.1 Amended Sections 918.2 - 918.8 Deleted Chapter 16 Added Appendix A Deleted Appendices B, C, D, and E Adopted 3 OF 18 SECTION 101 – GENERAL – is amended as follows: Section 101.1 is amended and shall read as follows: 101.1 Title. These regulations shall be known as the Plumbing Code of Washington County, Maryland, hereinafter referred to as "this code." Section 101.1.1 is added and shall read as follows: 101.1.1 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted on _______________, 2019, effective ________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. Section 101.1.2 is added and shall read as follows: 101.1.2 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on _________, 2019, effective ________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. Section 101.1.3 is added and shall read as follows: 101.1.3 International Existing Building Code. Any reference to the International Existing Building Code, shall mean the International Existing Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on __________, 2019, effective ________, 20__, by the Board of County Commissioners of Washington County, Maryland. Section 101.1.4 is added and shall read as follows: 101.1.4 International Energy Conservation Code. Any reference to the International Energy Conservation Code shall mean the International Energy Conservation Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted on _____________, 2018, effective _________, 20__, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. Section 101.1.5 is added and shall read as follows: 101.1.5 International Fire Code. Any reference to International Fire Code in this code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. 4 OF 18 Section 101.1.6 is added and shall read as follows: 101.1.6 ICC Electrical Code. For the applicable electrical requirements, refer to the NFPA 70:National Electrical Code, 2017 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on _________, 2019, effective ________, 20__, and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, as may amended or restated from time to time, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective July 1, 2008, and amended on ___________, 2019, effective ________, 20__. Section 101.1.7 is added and shall read as follows: 101.1.7 International Fuel Gas Code. Any reference to International Fuel Gas Code in this code shall mean the International Fuel Gas Code, 2018 Edition, as may be amended or restated from time to time, as promulgated by the International Code Council, with local amendments for Washington County, adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective ___________, 20__. Section 101.1.8 is added and shall read as follows: 101.1.8 International Mechanical Code. Any reference to International Mechanical Code in this code shall mean the International Mechanical Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective _________, 20__. SECTION 103 is amended to read: DIVISION OF CONSTRUCTION Section 103.1 is amended to read as follows: 103.1 General. The Director of the Washington County Division of Construction shall be known as the Code Official and the Chief Plans Examiner of the Division of Construction shall be known as Deputy Code Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Officials shall be referred to singularly or collectively as the Code Official. Section 103.1.1 is added and shall read as follows: 103.1.1 Qualifications. Plumbing Inspectors hired by the County or State government after October 1, 1988 shall meet the minimum standards established by the County and the State Plumbing Board. A. Applicant(s) for Inspector(s) III shall hold a Master Plumber's license issued by the State of Maryland or the applicant shall be a licensed professional mechanical engineer with at least four (4) years’ experience and shall pass a written examination administered by the State Board. B. Plumbing Inspector(s) shall attend annually at least one refresher course to be conducted by the State Board, or a course which is consistent in content with the State Board. 5 OF 18 C. Plumbing Inspector(s) shall not be engaged or financially interested in any plumbing business, directly or indirectly, during their term of employment. Section 103.3 is amended to read as follows: 103.3 Deputies. Plumbing Inspector(s) shall be hired by the Board of County Commissioners of Washington County, upon recommendation by the Director of the Division of Construction. SECTION 106 -PERMITS - is amended as follows: Section 106.2 is amended as follows: 106.2 Exempt work is amended by adding No. 3 which shall read as follows: *** 3. Replacement of a single fixture only to include garbage disposal, dish washer, lavatory, or sink. However, if any of these exceptions (fixtures) are included as part of remodeling or in conjunction with any other plumbing work, these fixtures shall be permitted and inspected. *** Section 106.3 is amended to read as follows: 106.3 Application for permit; by whom application is made. Each application for a permit, with the required fee, shall be filed with the Code Official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information required by the Code Official. Application for a permit shall be made by a person, or an agent, to install all or part of any plumbing system. The applicant shall meet all qualifications established by rules promulgated with this code or by ordinance, resolution, or statute. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. The application must be signed by the Master Plumber holding a Washington County plumbing license and doing the work. The only exception would be when the homeowner successfully passes a written or oral exam issued by the Washington County Department of Permitting. Upon successfully passing the exam, the property owner shall sign a release agreement stating his or her intention to do the plumbing in his or her existing place of residence according to the Washington County homeowner provision and releasing the County from any liability therefrom. Homeowner provisions do not apply to applications for public or private water and sewer systems and mobile homes or gas lines. Permits shall not be processed until it is completely filled out by the licensed contractor or homeowner. Section 106.3.1.1 is added and shall read as follows: 106.3.1.1 Emergency situation. Where equipment replacement and repairs must be performed in an emergency situation, the permit application shall be submitted to the Code Official within the next working business day. 6 OF 18 Section 106.6.2 is amended to read as follows: 106.6.2 Fee schedule. The fees for all plumbing work shall be paid in accordance with the schedule as established by the Board of County Commissioners of Washington County, Maryland, as may be amended from time to time. Section 106.6.3 is deleted in its entirety. SECTION 107 - INSPECTIONS AND TESTING - is amended as follows: Section 107.2.2.1 is added and shall read as follows: 107.2.2.1 Responsibility. The responsibility for requesting an inspection shall rest entirely with the licensed master plumber, master well driller, on-site utility contractor, or appliance, pump, and water conditioner installer who applied for the permit, or the homeowner who has successfully passed the homeowner's examination. No work shall be covered or concealed until the work has been inspected and approved. Improper workmanship shall be remedied, and unsatisfactory materials shall be replaced as ordered by the inspector, and the corrections shall be re-inspected. All requests for inspections shall be made 24 hours in advance of the date requested. All requests for final inspections shall be made within 48 hours after completion of all plumbing by the licensed contractor. Should the contractor fail to do so, the homeowner may call for the final inspection. Section 107.2.3.1is added and shall read as follows: 107.2.3.1 Final Inspections. All work must be inspected and receive final approval after all plumbing fixtures and appliances connected with the water or sewer systems are set, sewers and wells are covered, and domestic hot water must be supplied at the time of inspection. All commercial facilities shall mark different types of piping within the structure and tag all valves. A directory of the system in all commercial facilities shall be placed in the mechanical room. SECTION 108 -VIOLATIONS - is amended as follows: Section 108.4 is amended to read as follows: 108.4 Criminal penalties. Any person, firm, corporation or entity that violates a provision of this code or shall fail to comply with any of the requirements thereof or that erects, installs, alters, or repairs plumbing work in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provision of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.4.1 is added and shall read as follows: 108.4.1 Civil penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements there of or that erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Maryland Code, Local Government Article, § 6-102, et seq. The penalty for a civil offense shall be established by resolution by the Board of County Commissioners of 7 OF 18 Washington County, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 is amended to read as follows: 108.5 Stop work orders. Upon notice from the Code Official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the Code Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any 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 liable to a fine of not less than $250.00 or more than $1,000.00. SECTION 109 - MEANS OF APPEAL - is amended as follows: Section 109.1 is amended to read as follows: 109.1 Application for appeal. Any person shall have the right to appeal a decision of the Code Official to the Washington County Plumbing/Mechanical Board. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served. All appeals shall be heard in accordance with the rules, regulations, and procedures adopted by the Plumbing/Mechanical Board. Sections 109.2 through 109.6.2 are deleted in their entirety. SECTION 301 – GENERAL – is amended as follows: Section 301.4.1 is added and shall read as follows: 301.4.1 Public Systems Available. A public water main or public sewer system shall be considered available to a building when the building is located within 350 feet of the public water main or sewer. SECTION 305 – PROTECTION OF PIPES AND PLUMBING SYSTEM COMPONENTS is amended to read as follows: Section 305.4 is amended to read as follows: 305.4 Water line depth. Water service and well line piping shall be installed below recorded frost penetration but not less than 3 feet (915 mm) below grade. In climates with freezing temperatures, plumbing piping in exterior building walls or areas subjected to freezing temperatures shall be protected against freezing by insulation or heat or both. 10 AWG, blue in color, tracer wire needs to be installed with all nonmetallic water mains (MD COMAR 09-20-01) CHAPTER 3 – GENERAL REGULATIONS – is amended as follows: 8 OF 18 Section 305.4.1 is amended to read as follows: 305.4.1 Sewer and Storm Sewer Depth. Building sewer connections shall be a minimum of 12 inches below the finished grade. All nonmetallic sewer mains, forced mains, and storm pipe will need tracer wire in ditch 10 AWG, green in color (MD COMAR 09-20-01) SECTION 306 -TRENCHING, EXCAVATION AND BACKFILL - is amended as follows: Section 306.3 is amended to read as follows: 306.3 Backfilling. Backfill shall be free from discarded construction material and debris. (a) Backfill of water lines not in a sleeve shall be as follows: Stone dust or sand a minimum of 3 inches under, over, and along sides of pipe, then dirt free of rocks larger than 6 inches in diameter. (b) Backfill of water lines installed in a rigid conduit that meets the specification of Table 605.3 water service pipe shall be as follows: 6 inches of dirt over, under, and along sides of pipe free of rocks larger than 2 inches in diameter, then dirt free of rocks larger than 6 inches in diameter. (c) Backfill of sewer lines shall be as follows: Gravel bedding a minimum of 4 inches over, under, and along sides of pipe that is free of rocks larger than 1½, inches in diameter, then dirt free of rocks larger than 6 inches in diameter. SECTION 309 – FLOOD HAZARD RESISTANCE – is amended as follows: Section 309.1 is amended and shall read as follows: 309.1 General. Plumbing systems and equipment in structures erected in areas prone to flooding shall be constructed in accordance with the requirements of this section and the Washington County Floodplain Management Ordinance adopted by the Board of County Commissioners of Washington County, Maryland on May 16, 2017, effective August 15, 2017, and in accordance with the American Society of Civil Engineers (ASCE-24-98). Sections 309.2 through 309.3 are deleted in their entirety. SECTION 312 -TESTS AND INSPECTIONS -is amended as follows: Section 312.2 is amended by adding the following Exception: 312.2 Drainage and vent water test. *** Exception: 1. Existing single-family dwelling renovations, additions, and/or pipe replacement will not require a drainage and vent water test. Section 312.2.1 is added and shall read as follows: 9 OF 18 312.2.1 Testing. Testing shall terminate a minimum of two (2) feet below the roof line. Testing can be achieved by 10 foot water column or 5 PSI air test for 15 minutes. Section 312.2.2 is added and shall read as follows; 312.2.2 Trenchless installation. Any trenchless installation of water and sewer lines shall be tested or certified. SECTION 401 -GENERAL - is amended as follows: Section 401.3.1 is added and shall read as follows: 401.3.1 Lavatory faucets. Lavatory faucets shall be designed and manufactured according to ASME A112.18.1. (I) Public faucets, other than the metering type, shall be designed and manufactured according to ASME A112.18.1. (2) Self-closing or self-closing/metering faucets shall be installed on lavatories intended to serve the transient public, such as those in, but not limited to, service stations, train stations, airport terminals, restaurants, and convention halls. Metering faucets shall deliver not more than 0.25 gallons of water per use when tested in accordance with ASME A112.18.1. Self-closing faucets shall be designed and manufactured so that they will not exceed a water flow rate of 0.5 gallons per minute when tested in accordance with A112.1 8.1. SECTION 403 - MINIMUM PLUMBING FACILITIES – is amended as follows: Section 403.1is amended by adding the following Exception: 403.1 Minimum number of fixtures. *** Exception: 1. Where approved by the Code Official, the actual number of occupants for whom each occupancy space, floor, or building is designed, although less than those determined by calculation, may be used in the determination of the minimum number of plumbing fixtures. SECTION 404 – ACCESSIBLE PLUMBING FACILITIES – is amended as follows: Section 404.1 is amended and shall read as follows: 404.1 Where required. Accessible plumbing fixtures shall conform to COMAR 05.02.02 Maryland Accessibility Code. SECTION 418 – LAUNDRY TRAYS – is amended as follows: 10 OF 18 Section 418.3 is added and shall read as follows: 418.3 Service Sinks and Mop Receptors. Service sinks and mop receptors shall be installed with walls and floors that are water proof and have a smooth, readily cleanable surface at least one foot in front of the sink or receptor, at least one foot on each side, and up to a point one foot above the faucet height. SECTION 603 – WATER SERVICE – is amended as follows: Section 603.1 is amended to read as follows: 603.1 Size of Water Service Pipe. All water service pipe, including new or replacement, shall be sized to supply water to the structure in the quantities and at the pressures required in this code. All water service pipe, including new or replacement, shall not be less than 1 inch in diameter. Section 603.2 is amended by adding the following Exception: 603.2 Separation of water service and building sewer. *** Exception: 1. 2 inch and larger water mains are not required to be sleeved in common trench with building sewer only. 11 OF 18 SECTION 605 – MATERIALS, JOINTS, AND CONNECTIONS – is amended as follows: Table 605.3 is amended by deleting L, WL, M or WM under "Copper or copper-alloy tubing:" An amended Table 605.3 is shown below: Table 605.3 WATER SERVICE PIPE WK) B 447 plastic pipe B137.6 CSA B137.8 tubing B137.5 CSA CAN/CSA B137.3 12 OF 18 Table 605.4 is amended by deleting WL, M, or WM, under "Copper or copper-alloy tubing:" An amended Table 605.4 is shown below: Table P-605.4 WATER DISTRIBUTION PIPE MATERIAL STANDARD Brass Pipe ASTM B 43 Chlorinated polyvinyl chloride (CPVC) plastic pipe and tubing 442; CSA B137.6 L) ASTM B 447 linked polyethylene (PEX-AL-PEX) pipe Section 608.12.1 is added and shall read as follows: 608.12.1 Potable water tanks. Any pressure tank installed in a basement and/or crawl space shall be a minimum of 7½, inches (191 mm) above finished grade. All water pressure tanks and apparatus for mobile homes shall be installed in the confines of the living space. In every case, the only exception shall be those tanks installed a minimum of 18 inches (457 mm) from the top of the tank to finished grade in an approved manhole with a water-tight lid, a minimum of 6 inches (152 mm) above finished grade. Note: Water conditioning equipment. Water conditioning equipment shall not be connected to a BAT type septic system. A sticker or a tag must be placed on the main valve, building drain, or pump tank by the installer as a warning that water discharged from water conditioning equipment can damage components of the BAT tank. Section 608.14.10 is added and shall read as follows: 608.14.10 Periodical testing. Periodic tests and inspections shall be made by a certified backflow technician, licensed in the state of Maryland, for all backflow preventers to determine whether they are operable. Reduced pressure principle backflow preventers (ASSE 1013), double check valve assemblies (ASSE 1015), double detector check-valve breakers (ASSE 1040), and pressure type vacuum breakers (ASSE 1020) shall be inspected and tested after their initial installation. Tests shall be done annually, and an overhaul shall be done as needed. Section 608.14.10.1 is added and shall read as follows: 608.14.10.1 Backflow testing certification. To test backflows, the tester must have a current Washington County Journeyman or Master Plumber’s License, with a current Backflow Certification from a Maryland state certified approved course. 13 OF 18 Section 608.15 is amended to read as follows: 608.15 Location of backflow preventers. Backflow prevention devices shall be installed in accessible locations for ease of maintenance, replacement, and testing. Adequate headroom shall be provided and a minimum of 30 inches (762 mm) of non-obstructed space shall be provided in front of devices and a minimum of 18 inches (457 mm) shall be provided behind devices larger than 2 inches (51 mm). Maximum height above floor shall not exceed four (4) feet measured to the center line of the device. Backflow devices shall be installed inside a building in an area capable of maintaining a temperature above freezing. SECTION 701 – GENERAL – is amended as follows: Section 701.2 is amended to read as follows: 701.2 Connection to sewer required. Every building in which plumbing fixtures are installed and all premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system. SECTION 702 – MATERIALS – is amended as follows: Table 702.1 is amended to read as follows: Table 702.1 ABOVE-GROUND DRAINAGE AND VENT PIPE MATERIAL STANDARD Brass Pipe ASTM B 43 Cast iron Pipe ASTM A 888; CISPI 301 -DR, PS140, PS200 DWV ASTM B 302 -alloy tubing L, M or DWV efin pipe D 2949; (PVDF) plastic pipe CHAPTER 7 SANITARY DRAINAGE – is amended as follows: 14 OF 18 Table 702.2 is amended to read as follows: Table 702.2 UNDERGROUND BUILDING DRAINAGE AND VENT PIPE Table 702.3 is amended to read as follows: Table 702.3 BUILDING SEWER PIPE MATERIAL STANDARD Cast-iron pipe ASTM A 888; CICPI 301 -DR PSI-40, PS- DWV efin pipe ASTM D 2949; (PVDF) plastic pipe B181.3 -iron pipe (PVDF) plastic pipe CAN/CSA B181.3 15 OF 18 Table 702.4 is amended to read as follows: Table 702.4 PIPE FITTINGS SECTION 706 -CONNECTIONS BETWEEN DRAINAGE PIPING AND FITTINGS – is amended as follows: Table 706.3 is amended to read as follows: Table 706.3 FITTINGS FOR CHANGE IN DIRECTION TYPE OF FITTING PATTERN Vertical horizontal horizontal Sixteenth bend X X X Eighth bend X X X Sixth bend X X X Quarter bend X Xa Short sweep X Xa,b Long sweep X X X Sanitary tee Xc Xc Wye X X X and eighth bend X X X For SI: 1 inch = 25.4 a The fittings shall be permitted for a 2-inch or smaller fixture drain b Three inches and larger c For a limitation on double sanitary tees, see Section 706.3. ASME B 16.18; 16.22; ASME B 16.23; ASME B 16.26; 16 OF 18 SECTION 708 - CLEANOUTS - is amended as follows: Section 708.1.10.3 is added and shall read as follows: 708.1.10.3 Base of stack. A cleanout shall be provided at the base of each waste or soil stack. The center of the main stack cleanout shall be a maximum height of 24 inches above the finished floor. SECTION 802 -INDIRECT WASTES -is amended as follows: Section 802.4.1 is amended to read as follows: 802.4.1 Size of Receptors. Waste receptor shall be sized for the maximum discharge of all indirect waste pipes served by the receptor. Receptors shall be installed to prevent splashing. All waste receptor floor sinks shall be a minimum of 9 inches by 9 inches (229 mm by 229 mm) and installed with a minimum of ¼ inch raised lip above the finished floor. SECTION 903 - VENT TERMINALS - is amended as follows: Section 903.1is amended to read as follows: 903.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least 12 inches (305 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. SECTION 904 - OUTDOOR VENT EXTENSION - is amended as follows: Section 904.1 is amended to read as follows: 904.1 Main vent required. Every sanitary drainage system receiving the discharge of a water closet shall have a main vent that is either a vent stack or a stack vent. Such vent shall not be less than 3 inches (76mm) in diameter and run undiminished in size and as directly as possible from the building drain through to the open air above the roof. SECTION 905 - VENT CONNECTIONS AND GRADES - is amended as follows: Section 905.1is amended to read as follows: 905.1 Connection. All individual, branch and circuit vents shall connect to a vent stack, stack vent, or extend to the open air. SECTION 918 - AIR ADMITTANCE VALVES - is amended as follows: Section 918.1 is amended to read as follows: 918.1 General. An air admittance valve shall be permissible on a single fixture application in a CHAPTER 8 – INDIRECT/SPECIAL WASTE – is amended as follows: CHAPTER 9 – VENTS – is amended as follows: 17 OF 18 new or existing plumbing system where standard venting is impractical. Sections 918.2 through 918.8 are deleted in their entirety. Sections 1601 through 1604 are added and shall read as follows: SECTION 1601 – TRAILER PARKS PLUMBING STANDARDS – is added and shall read as follows: Section 1601.1 is added and shall read as follows: 1601.1 Scope. The primary objection of this chapter is to assure sanitary plumbing installations in trailer home parks. SECTION 1602 – STANDARDS – is added and shall read as follows: Section 1602.1 is added and shall read as follows: 1602.1 General. Plumbing systems hereafter installed in trailer home parks shall conform to the provisions set forth in the preceding sections of these Regulations, where applicable, and also to the provisions set forth in this Section. Trailer home park plumbing and drainage systems, in addition, shall conform to all other applicable Administrative Authority regulations. Section 1602.2 is added and shall read as follows: 1602.2 Plans and specifications. Before any plumbing or sewerage disposal facilities are installed or altered in any trailer park, duplicate plans and specifications shall be filed and proper permits obtained from the Administrative Authority. Plans shall show in detail: Sections 1602.2.1 through 1602.2.4 are added and shall read as follows: 1602.2.1 Plot plan. Plot plan of the park, drawn to scale, indicating elevations, property lines, driveways, existing or proposed buildings, and the sizes of the trailer sites; 1602.2.2 Plumbing Layout. Complete specification and piping layout of the proposed plumbing system or alteration; and 1602.2.3 Sewage disposal layout. Complete specification and layout of the proposed sewage disposal system or alteration. 1602.2.4 Conformance. Trailer park plumbing system shall be designed and installed according to the requirements of the plumbing code and shall, in addition, conform to all other pertinent local ordinances and State regulations. Section 1603.1 is added and shall read as follows: 1603.1 Materials. Materials shall conform to the approved standards set forth in other sections of CHAPTER 16 – MOBILE HOME & TRAVEL TRAILER PARK PLUMBING REQUIREMENTS – is added as follows: 18 OF 18 the plumbing code. Section 1604.1 is added and shall read as follows: 1604.1 Maintenance. All required devices or safeguards shall be maintained in good working order. The owner, operator, or lessee of the trailer park or his designated agent shall be responsible for their maintenance. When wash rooms or toilet rooms are installed, they must conform with these regulations. Section 1605.1 is added and shall read as follows: 1605.1 Operator’s responsibility - Violations. When it is evident that there exists, or may exist, a violation of any pertinent regulation, the owner, operator, lessee, person in charge of the park, or any other person causing a violation shall immediately disconnect the trailer water supply and sewer connection from the park systems and shall employ such other corrective measures as may be ordered by the Code Official. THE FOLLOWING APPENDIX IS DELETED IN ITS ENTIRETY: APPENDIX A - PLUMBING PERMIT FEE SCHEDULE THE FOLLOWING APPENDICES ARE ADOPTED IN THEIR ENTIRETY: APPENDIX B - RATES OF RAINFALL FOR VARIOUS CITIES APPENDIX C – STRUCTURAL SAFETY APPENDIX D - DEGREE DAY AND DESIGN TEMPERATURES APPENDIX E - SIZING OF WATER PIPING SYSTEM Adopted this ____ day of ______________, 2019. Effective the ____ day of _____________, 20__. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ______________________________ ______________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: _____________________________ Mail to: B. Andrew Bright County Attorney’s Office Assistant County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, Maryland 21740 \\washco-md.net\CountyAttorney\Documents\Permits\International Plumbing Code - Adoption of 2018 IPC\ORD\Ordinance adopting the 2018 IPC - draft (vlg).docx APPENDICES 1 OF 4 ORDINANCE NO. ORD-2019-___ AN ORDINANCE TO ADOPT AND ENACT THE 2018 INTERNATIONAL EXISTING BUILDING CODE, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL, WITH LOCAL AMENDMENTS FOR WASHINGTON COUNTY, MARYLAND RECITALS It has been recommended that the Board of County Commissioners of Washington County, Maryland (the “Board”) adopt the 2018 International Existing Building Code, which provides and establishes the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety, and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition to, and relocation of existing buildings. A public hearing was held on _______________, 2019, following due notice and advertisement of the text of the 2018 International Existing Building Code, as promulgated by the International Code Council, with local amendments for Washington County. Public comment was received, reviewed, and considered concerning the adoption of the 2018 International Existing Building Code, as promulgated by the International Code Council, with local amendments for Washington County. NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the 2015 International Existing Building Code, as promulgated by the International Code Council, with local amendments, adopted by the Board of County Commissioners of Washington County, Maryland, on December 15, 2015, effective March 1, 2016 (ORD-2015-28), and all other ordinances or parts of ordinances in conflict herewith are hereby repealed; and NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the 2018 International Existing Building Code, as promulgated by the International Code Council, with local amendments for Washington County, the contents of which are incorporated herein by reference, is enacted with the following insertions, amendments and additions: 2 OF 4 Section 101.1 amended Section 101.1.1 added Section 101.1.2 added Section 101.1.3 added Section 101.1.4 added Section 101.1.5 added Section 101.1.6 added Section 101.1.7 added Section 101.1.8 added Section 103.1 amended Section 108.2 amended Section 108.4.1 added Section 113.4 amended Section 113.4.1 added ~~~~~~~~~~~~~~~ CHAPTER 1 – ADMINISTRATION, is amended as follows: SECTION 101, GENERAL, is amended as follows: Section 101.1 Title is amended to read as follows: 101.1 These regulations shall be known as the Existing Building Code of Washington County, Maryland, hereinafter referred to as "this code." Sections 101.1.1 through 101.1.8 are added to read as follows: 101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on ____________, 2019, effective ____________, 20__, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 101.1.2 ICC Electrical Code. For the applicable electrical requirements, refer to the NFPA70: National Electrical Code, 2017 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ________________, 20__, effective ________, 20__, and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective March 1, 2008, and amended on __________, 2019, effective _________, 20__. 101.1.3 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. 101.1.4 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 20__, effective ___________, 20__. 101.1.5 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as promulgated by the International 3 OF 4 Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted on ____________, 20__, effective ___________, 20__, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 101.1.6 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective __________, 20__. 101.1.7 International Energy Conservation Code. Any reference to the International Energy Conservation Code shall mean the International Energy Conservation Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted on _________, 2019, effective ________, 20__, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 101.1.8 International Mechanical Code. Any reference to International Mechanical Code in this code shall mean the International Mechanical Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, adopted by the Board of County Commissioners of Washington County, Maryland, on ____________, 2019, effective ________, 20__. SECTION 103, DEPARTMENT OF BUILDING SAFETY, is amended as follows: Section 103.1 is amended to read as follows: 103.1 Creation of enforcement agency. The Director of the Division of Construction shall be known as the Code Official and the Chief Plans Examiner of the Division of Construction shall be known as the Deputy Code Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Official shall be referred to singularly or collectively as the Code Official. SECTION 108, FEES, is amended as follows: Section 108.2 is amended and shall read as follows: 108.2 Schedule of permit fees. The fees for work performed under this code shall be paid in accordance with the schedule as established by the Board of County Commissioners of Washington County, Maryland, as may be amended from time to time. SECTION 113, VIOLATIONS, is amended as follows: Section 113.4 Violation penalties, is amended and shall read as follows: 113.4 Criminal Penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs work in violation of the approved construction documents 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 less than Two Hundred Fifty Dollars ($250.00) 4 OF 4 or more than One Thousand Dollars ($1,000.00), or by imprisonment not exceeding one (1) year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 113.4.1 is added and shall read as follows: 113.4.1 Civil Penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs work in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Md. Code, Local Government Article, § 6-102, et seq. The penalty for a civil offense shall be established by resolution by the Board of County Commissioners of Washington County, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Adopted this ____ day of ___________ 2019. Effective the ____ day of _________, 20___. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ___________________________________ _______________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: ___________________________________ Mail to: B. Andrew Bright Office of the County Attorney Assistant County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 \\washco-md.net\CountyAttorney\Documents\Permits\International Existing Building Code - Adoption of 2018 IEBC\ORD\Ordinance to adopt 2018 IEBC - draft (vlg).doc 1 OF 2 RESOLUTION NO. RS-2019-___ (RESOLUTION ADOPTING FEE SCHEDULE FOR CIVIL CITATIONS AND REPEALING RESOLUTION NO. RS-2015-23 RECITALS On _____________, 2019, the Board of County Commissioners of Washington County, Maryland (the "County") adopted the following codes governing all building work performed in Washington County, Maryland, said codes being effective __________, 20___: the Maryland Building Performance Standards (i.e. the International Building Code, 2018 Edition, the International Residential Code, 2018 Edition, and the International Energy Conservation Code, 2018 Edition); the International Existing Building Code, 2018 Edition; the International Plumbing Code, 2018 Edition; the International Mechanical Code, 2018 Edition; the International Fuel Gas Code, 2018 Edition; and the 2017 National Electrical Code (the "Codes"). Pursuant to the Code of the Public Local Laws of Washington County, Maryland, Section 1-112, the County may impose civil citations for violations of the Codes and the Codes provide for such civil citations. The Codes also provide that the fine for a civil offense shall be established by resolution of the Board of County Commissioners of Washington County, Maryland. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Washington County, Maryland that the fine for a civil citation issued for a violation set forth below be established as follows: 1. Civil citations will only be issued for the following violations of the above- referenced Codes: a. Work started without proper permit (IRC: R105.1 & R113.1; IBC: 105.1 & 114.1; IMC: 106.1 and 108.1; IPC: 106.1 and 108.1; ICCEC: 401.1; IEBC: 105.1 & 113.1); 2 OF 2 b. Stop work order (unlawful continuance) (IRC: R114.2; IBC: 115.3; IMC: 108.5; IPC:108.5; ICCEC: 1004.3; IEBC: 114.3); c. Violation of unsafe structure posting (IRC: 115.1; IBC: 116.1; IMC: 108.7; IPC:108.7; ICCEC: 901.2; IEBC 115.1); or d. Violation of a Certificate of Occupancy (IRC: R110.1; IBC: 111.1; IMC: Not Applicable; IPC: Not Applicable; ICCEC: 303; IEBC: 110.1). 2. Any violation of the above shall be punishable by a fine of One Hundred Dollars ($100.00) per day. Each day the violation continues shall be deemed a separate offense. 3. In the event a second citation for a violation is issued regarding the same property within two-years from the date of the initial citation, the fine shall increase to Two Hundred Dollars ($200.00) per day for each day the property is in violation. BE IT FURTHER RESOLVED, that Resolution No. RS-2015-23 adopted by the Board of County Commissioners of Washington County, Maryland on December 15, 2015, effective March 1, 2016, is hereby REPEALED. Adopted this ____ day of __________, 2019. Effective the ____ day of ________, 20___. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ____________________________ BY:__________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: ____________________________ Mail to: B. Andrew Bright Office of the County Attorney Assistant County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 \\washco-md.net\CountyAttorney\Documents\Permits\Civil Citations Guidelines\RES\Resolution (civil citations - 2018 Codes).DOC 1 OF 11 ORDINANCE NO. ORD-2019-___ AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED “AN ORDINANCE TO ADOPT FEE SCHEDULES PROVIDING FOR THE COLLECTION OF FEES FOR ALL BUILDING/TRADE WORK PERFORMED IN WASHINGTON COUNTY, MARYLAND” (ORD-2017-03) AND TO REENACT THE ORDINANCE WITH AMENDMENTS On April 4, 2017, by Ordinance No. ORD-2017-03, the Board adopted an ordinance entitled “An Ordinance to Adopt Fee Schedules Providing for the Collection of Fees for All Building/Trade Work Performed in Washington County, Maryland,” effective July 1, 2017, modifying certain fees. On _________________, 2019, the Board of County Commissioners of Washington County, Maryland (the "Board") adopted the following codes governing all building/trade work performed in Washington County, Maryland, said codes being effective _________, 20__: the Maryland Building Performance Standards (i.e. the International Building Code, with local amendments, the International Residential Code, with local amendments, and the International Energy Conservation Code, with local amendments, 2018 Editions); the International Existing Building Code, 2018 Edition, with local amendments; the International Plumbing Code, 2018 Edition, with local amendments; the International Mechanical Code, 2018 Edition, with local amendments; the International Fuel Gas Code, 2018 Edition, with local amendments; the 2017 National Electrical Code, with local amendments; and an amendment to Ordinance No. ORD-07-08 adopting the 2006 ICC Electrical Code Administrative Provisions, First Printing, with local amendments, and repealing ORD-2015-33 adopted on December 15, 2015, effective March 1, 2016 (the "Codes"). The Codes provide that fees shall be paid in accordance with a fee schedule established by the applicable governing authority. A public hearing was held on ____________, 2019, following due notice and advertisement of the Board's intention to amend Ordinance No. ORD-2017-03 to reflect the adoption of the above-referenced codes. Any public comment was reviewed and carefully considered. 2 OF 11 The Board believes it to be in the best interests of the citizens and residents of Washington County, Maryland, that the Fee Schedules providing for the collection of fees for all building/trade work performed under the Codes adopted in ORD-2017-03, effective July 1, 2017, remain in effect. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland, that the attached Fee Schedules (Building, Electrical, Mechanical, and Plumbing) be adopted for all building/trade work performed in Washington County, Maryland under the Maryland Building Performance Standards (i.e. the International Building Code, with local amendments, the International Residential Code, with local amendments, and the International Energy Conservation Code, with local amendments, 2018 Editions); the International Plumbing Code, 2018 Edition, with local amendments; the International Mechanical Code, 2018 Edition, with local amendments; the International Fuel Gas Code, 2018 Edition, with local amendments; the 2017 National Electrical Code, with local amendments; and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, with local amendments, as amended. Adopted this ____ day of _____________, 2019. Effective the ___ day of _________, 20___. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND __________________________ _________________________________________ Krista L. Hart Jeffrey A. Cline, President County Clerk Approved as to form and legal sufficiency: __________________________ B. Andrew Bright Assistant County Attorney After recording mail to: Office of the County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 3 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW & PERMITTING MECHANICAL FEE SCHEDULE (Effective July 1, 2017) NOTE: All fees are non-refundable RESIDENTIAL PERMIT FEES $65.00 Application Fee $15.00 Technology Fee Application Fee and Technology Fee Apply Mobile Home/Mobile Home Replacement *$50 per unit Single Family Dwelling/Modular Home *$40 per unit 2 Family/Semi-Detached (separate application required for each unit) *$ $40 per unit Townhouse (Separate application required for each unit) *$ $40 per unit Multi-Family/Apartment(s) (separate application required for each unit) *$ $40 per unit Addition *$40 per unit Venting (Hood, Dryer, Bath fan) *$3 per appliance New Installation of Manufactured Fireplace with Chimney *$60 per unit New Installation of Manufactured Fireplace - Direct Vent/Ventless *$25 per unit Gas Piping/LP Tank/Oil Tank *$40/each Geothermal Installations *$40 per unit Mobile Home Furnace or Condenser *$25 per unit Single/Modular Dwelling Furnace or Condenser *$35 per unit 2 Family/Semi-Detached Furnace or Condenser *$40 per unit Townhouse Furnace or Condenser *$40 per unit Multi-Family Furnace or Condenser *$40 per unit RESIDENTIAL RETROFIT NO APPLICATION FEE REQUIRED FOR INDIVIDUAL INSTALLATIONS (Single appliance per application) Manufactured Fireplace/Gas Appliance (Existing Chimney - direct vent or ventless) $25 (plus Technology Fee) Pellet/Freestanding Stove/Gas Appliance (plus Technology Fee) UL Chimney liner (no appliance) (plus Technology Fee) COMMERCIAL $125.00 Application Fee $15.00 Technology Fee Application Fee and Technology Fee Apply New/Addition/Remodeled *$80/per unit Kitchen Equipment *$10 per appliance Gas Piping/LP Tank *$75/each MISCELLANEOUS (No Application Fee or Technology Fee Required) Extra trip fees will be assessed for premature inspection requests, incomplete work, and work areas not accessible 2nd extra trip - $75 rd 4 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING MECHANICAL FEE SCHEDULE (Effective July 1, 2017) Continued Master/Restricted/Limited License In-County Resident $50 In-County Resident $20 *Registration fee will be for a period of two years and must be renewed on or before the 31st day of May of the renewal year. 5 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING ELECTRICAL FEE SCHEDULE (Effective July 1, 2017) NOTE: All fees are Non-Refundable RESIDENTIAL PERMIT FEE $65.00 Application Fee $15.00 Technology Fee Application Fee and Technology Fee Apply Residential 1 or 2 Family Dwelling (includes service & low voltage) Mobile Homes (includes service & low voltage) *$50 Modular Homes (includes service & low voltage) *$75 *$100 each unit Residential Additions Addition (includes service & low voltage) *$.10 per sq ft Special Permits and Fees Temporary Service *$25 Residential Service upgrade/Repair/Reintroduction (Includes up to 5 outlets) *$50 Construction Trailer *$50 Hot tub Single inspection When separate trip required for rough wire or trench inspection *$50/each *$35 Low Voltage (only) *$20 Illuminated Signs *$50/each Outlets - Change of equipment not involving changes to service and/or change; Detached Garage/Accessory Structures Includes outlets, fixtures, appliances, transformers, generators, motors, elevators and other equipment. All equipment is counted as outlets. 1 - 5 6 - 50 outlets Each additional 25 devices *$15 *$50 *$10 Wind Turbines (No more than 2 permitted on each property) *$100/Each Tower Solar Panels 1-10 KW's Each Additional 20 KW's *$75 6 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING - ELECTRICAL FEE SCHEDULE (Effective July 1, 2017) COMMERCIAL PERMIT FEE $125.00 Application Fee $15.00 Technology Fee *-Application Fee and Technology Fee apply Equipment List - All electrical permit applications must be accompanied by a detailed list including outlet counts, switches, and detailed list of all equipment to be installed. Additional electrical plans are not required when they have been submitted as part of an approved building permit. All others must be accompanied by 2 sets of plans, prepared and sealed by a Maryland professional engineer, architect, or a licensed New Construction or Major additions First 100 amps *$300 Each additional 100 amps *$100 New "Shell Only" Construction First 100 amps *$100 Each additional 100 amps *$50 Interior Completions of Tenant Space Each 100 amps *$300 Each additional 100 amps *$50 Heavy UPS only (service upgrade/repair/reintroduction and including up to 5 outlets) Change of equipment not involving changes to service and/or feeder equipment 6 – 25 outlets 26 – 50 outlets * $50 *$100 1-25 KW's *$100 *$75 7 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING ELECTRICAL FEE SCHEDULE (Effective July 1, 2017) Commercial (continued) Illuminated Sign(s) *$50/each Low Voltage Only *$20 Temporary Service *$75 Miscellaneous (No Application Fee or Technology Fee Required) Archive/Records Research $100 per address Extra trip fees will be assessed for premature inspection requests, incomplete work, and work areas not accessible 2nd extra trip- $75 3rd extra trip- $100 File an appeal to the Electrical Board $150 Investigation Fee (work started without permit) $200 Permit Extension $25 Licensing Fees (No Application Fee or Technology Fee Required) Examination Fee $50 Inactive License $50 Late Penalty for License Renewal $100 Master & Restricted Licenses (Renewable every three years) $150 Reactivation Fee remaining year of the 8 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING- BUILDING FEE SCHEDULE (Effective July 1, 2017) Building permit fees shall be based on the square footage area of proposed structure(s) and shall include an application fee and technology fee unless otherwise noted. $250.00 Minimum Payment Due at Time of Submittal Permit Fees Less Than $250.00 to be Paid in Full $65.00 Application Fee $15.00 Technology Fee Application Fee and Technology Fee Apply Mobile Homes (Manufactured Housing) $65 plus $.10/sf. (No Technology Fee Required) New Dwelling Units - Single Family/Multi- Family/Apartment(s) * $.10 sf. for finished and unfinished area Garages, carports, sheds, porches, decks, chimney and other accessory structures * $.10 sf. Interior/exterior alterations, repairs and remodeling * $.10 sf. Swimming Pools RESIDENTIAL NO APPLICATION OR TECHNOLOGY FEE REQUIRED COMMERCIAL $150.00 Application Fee $15 Technology Fee *Application Fee and Technology Fee Apply All floor (new construction or additions) * $.15/sf. Interior alterations * $.15/sf. Tenant Fit-out $165 plus $.15/sf. (no Technology Fee) Demolition $50 Zoning Permits (No Structural Alterations) Animal Husbandry/Day Care/Change of Business Name/Home Occupation All other zoning permits $65 $165 Pre-Permit Commercial Plan Review 9 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING BUILDING FEE SCHEDULE (Effective July 1, 2017) (Continued) Temporary Occupancy $75 Zoning Verification Letter $100 Note: All measurements shall be computed using gross exterior building dimensions. EXCISE TAX In accordance with Section 2-701 of the Code of the Public Local Laws of Washington County, as amended from time to time, there is a building excise tax on building construction in Washington County. See the Building Excise Tax Ordinance for MISCELLANEOUS NO APPLICATION FEE OR TECHNOLOGY FEE REQUIRED Freestanding $165 plus $.10/sf. premature inspection requests, incomplete work, 2nd extra trip - $75 rd Permit/Plan Revisions pursuant to Chapter 481 of the 2008 Acts of the Maryland General $50/unit BOARD OF ZONING APPEALS FEES NO APPLICATION FEE OR TECHNOLOGY FEE REQUIRED $150 10 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING PLUMBING FEE SCHEDULE (Effective July 1, 2017) NOTE: All fees are non- refundable Prior to the issuance of any permit, the applicant shall pay the following fees: RESIDENTIAL $65.00 Application Fee $15.00 Technology Fee *Application Fee and Technology Fee Apply Single-Family Dwelling *$60 Mobile Home *$60 Modular Dwelling *$60 2 Family/Semi-Detached (Separate application required for each unit) *$50 per unit Townhouse (Separate application required for each unit) *$50 per unit Multi-Family/Apartments (Separate application required for each unit) plus technology fee COMMERCIAL/INDUSTRIAL $125.00 Application Fee $15.00 Technology Fee *-Application Fee and Technology Fee Apply Commercial/Industrial - New 1 – 10 Fixtures/appliances *$75 plus technology fee MISCELLANEOUS No Application Fee and Technology Fee Required incomplete work, and work areas not accessible. 2nd extra trip - $75 rd 11 OF 11 WASHINGTON COUNTY DIVISION OF PLAN REVIEW AND PERMITTING PLUMBING FEE SCHEDULE (Effective July 1, 2017) LICENSING FEES (Biennial) *The State requires these types of licenses to be exempt from all licensing fees. Upon initial application, applicant shall pay the registration and/or licensing fees. The Board of County Commissioners of Washington County, Maryland may, by resolution, change periodically the registration, licensing, and biennial fees. No additional renewal fee will be charged to applicants who renew after March. 1 OF 5 ORDINANCE NO. ORD-2019-___ AN ORDINANCE TO REPEAL THE 2014 NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ON DECEMBER 15, 2015, EFFECTIVE MARCH 1, 2016, AND TO ENACT THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH LOCAL AMENDMENTS FOR WASHINGTON COUNTY RECITALS The Board of County Commissioners of Washington County, Maryland, being concerned with safety and fire prevention in Washington County, adopted by Ordinance No. ORD-2015-32, the 2014 Edition of the National Electrical Code, with local amendments for Washington County, on December 15, 2015, effective March 1, 2016. It has been recommended to the Board of County Commissioners of Washington County, Maryland, that it adopt the 2017 Edition of the National Electrical Code which is more up-to-date and which provides greater electrical safeguards for residents of Washington County, Maryland, if implemented. It has also been recommended to the Board that certain amendments be made to the text of the 2017 Edition of the National Electrical Code. A public hearing was held on ______________, 2019 following due notice and advertisement of the text of the 2017 Edition of the National Electrical Code, with local amendments for Washington County. 2 OF 5 NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the 2014 Edition of the National Electrical Code, with local amendments for Washington County, adopted by the Board of County Commissioners of Washington County, Maryland, by Ordinance No. ORD-2015-32, on December 15, 2015, effective March 1, 2016, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed; and NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the 2017 Edition of the National Electrical Code, the contents of which are incorporated herein by reference, is enacted with the following insertions, amendments, and additions: [Note: new language is in italics] [Deletions are shown as strikethrough] Section 210.52. Dwelling Unit Receptacle Outlets, Subsection (E) Outdoor Outlets, and Subsection (G) Basements, Garages, and Accessory Buildings, are amended and shall read as follows: (E) Outdoor Outlets. Outdoor receptacle outlets shall be installed in accordance with 210.52(E)(1) through (E)(3). *** (3) Balconies, Decks, and Porches. Balconies, decks, and porches that are attached to the dwelling unit and accessible from inside the dwelling unit shall have at least one receptacle outlet accessible from the balcony, deck, or porch. The receptacle outlet shall not be located more than 2.0m (6½ ft) above the balcony, deck, or porch walking surface. _______________ (G) Basements, Garages, and Accessory Buildings. For a one- and two- family dwelling, at least one receptacle outlet shall be installed in the areas specified in 210.52(G)(1) through (3). These receptacles shall be in addition to receptacles required for specific equipment. ARTICLE 210 – Branch Circuits, is amended as follows: 3 OF 5 (1) Garages. In each attached garage and in each detached garage with electric power, at least one receptacle outlet shall be installed for each vehicle bay and not more than 1.7 m (5 ½ ft.) above the floor. The receptacle outlets located in each attached and each detached garage with electric power shall be installed at a minimum height of 450 mm (18 in.) above the finished garage floor. (2) Accessory Buildings. In each accessory building with electric power. (3) Basements. In each separate unfinished portion of a basement. *** *** Section 250.53. Grounding Electrode System Installation, Subsection (A) Rod, Pipe, and Plate Electrodes, is amended by adding Subsection (4) which shall read as follows: *** (4) The use of two 2.5 m × 16 mm (8 ft. × 5/8 in.) galvanized ground rods spaced a minimum of 1.8 m (6 ft.) apart shall be required for all new and upgraded residential electrical services. *** Section 300.5 Underground Installations, Subsection (D), Protection from Damage, Subsection (3) Service Conductors, is amended and shall read as follows: *** (3) All underground Conductors - Underground conductors that are not encased in concrete and that are buried 450 mm (18 in.) or more below grade shall have their location identified by a warning ribbon that is placed in the trench at least 300 mm (12 in.) above the underground installation. DELETE THIS PAGE *** Section 334.30, Securing and Supporting, is amended and shall read as follows: ARTICLE 250 – Grounding, is amended as follows: ARTICLE 300 – Wiring Methods, is amended as follows: ARTICLE 334 – Nonmetallic- Sheathed Cable: Types NM, NMC, and NMS, is amended as follows: 4 OF 5 334.30. Securing and Supporting. Nonmetallic- sheathed cable shall be supported and secured by insulated staples, cable ties listed and identified for securement and support; or straps, hangers, or similar fittings designed and installed so as not to damage the cable at intervals not exceeding 1.4 m (4½ ft.) and within 300 mm (12 in.) of every cable entry into enclosures such as outlet boxes, junction boxes, cabinets, or fittings. Flat cables shall not be stapled on edge. Sections of cable protected from physical damage by raceway shall not be required to be secured within the raceway. *** Section 680.26 Equipotential Bonding, Subsection (B) Bonded Parts Subsection (2) Perimeter Surfaces is amended as follows: (2) Perimeter Surfaces. The perimeter surface to be bonded shall be considered to extend for 1 m (3 ft.) horizontally beyond the inside walls of the pool and shall include unpaved surfaces, as well as poured concrete surfaces and other types of paving. Perimeter surfaces less than 1 m (3 ft.) separated from the pool by a permanent wall or building 1.5 m (5 ft.) in height or more shall require equipotential bonding only on the pool side of the permanent wall or building. Bonding to perimeter surfaces shall be provided as specified in 680.26(B)(2)(a) or (2)(b) and shall be attached to the pool reinforcing steel or copper conductor grid at a minimum of four (4) points uniformly spaced around the perimeter of the pool. For nonconductive pool shells, bonding at four points shall not be required. (a) Structural Reinforcing Steel. Structural reinforcing steel shall be bonded in accordance with 680.26(B)(1)(a). (b) Alternate Means. Where structural reinforcing steel is not available or is encapsulated in a nonconductive compound, a copper conductor(s) shall be utilized where the following requirements are met. (1) At least one minimum 8 AWC bare solid copper conductor shall be provided. (2) The conductors shall follow the contour of the perimeter surface. (3) Only listed splices shall be permitted. (4) The required conductor shall be 450 to 600 mm (18 in. to 24 in.) from the inside walls of the pool. (5) The required conductor shall be secured within or under the perimeter surface 100mm to 150mm (4 in. to 6 in.) below the ARTICLE 680 – Swimming Pools, Fountains, and Similar Installations, is amended as follows: 5 OF 5 subgrade. Adopted this ____ day of ____________, 2019. Effective the _____ day of __________, 20___. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ___________________________ ___________________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: Mail to: __________________________ Office of the County Attorney B. Andrew Bright 100 W. Washington Street, Ste 1101 Assistant County Attorney Hagerstown, MD 21740 \\WASHCO-MD.NET\COUNTYATTORNEY\DOCUMENTS\PERMITS\2017 NATIONAL ELECTRICAL CODE\ORD\ORDINANCE ADOPTING 2017 NEC - DRAFT (VLG).DOC 1 OF 5 ORDINANCE NO. ORD-2019-___ AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED “AN ORDINANCE TO ADOPT THE 2006 ICC ELECTRICAL CODE – ADMINISTRATIVE PROVISIONS, FIRST PRINTING, WITH LOCAL AMENDMENTS FOR WASHINGTON COUNTY, MARYLAND” AND TO REPEAL ORDINANCE NO. ORD-2015-33 RECITALS The Board of County Commissioners of Washington County, Maryland (the "Board") adopted by Ordinance No. ORD-07-08 on December 18, 2007, effective March 1, 2008, the 2006 ICC Electrical Code – Administrative Provisions, First Printing, with local amendments for Washington County, Maryland, and amended by Ordinance No. ORD-2015-33, adopted on December 15, 2015, effective March 1, 2016. It has been recommended to the Board that certain amendments be made to the local amendments, some of which are necessary due to the recent organizational restructuring in Washington County Government. A public hearing was held on __________, 2019, following due notice and advertisement of the text of the proposed amendments. Public comment was received, reviewed and considered. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland, that Ordinance No. ORD-2015-33, adopted by the Board of County Commissioners of Washington County, Maryland, on December 15, 2015, effective March 1, 2016, is hereby REPEALED. NOW, THEREFORE, BE IT FURTHER ORDAINED AND ENACTED that Ordinance No. ORD-07-08 adopting the 2006 ICC Electrical Code – Administrative Provisions, First Printing, the contents of which are incorporated herein by reference, is hereby amended with the following insertions, deletions, and amendments: Sections 101.1.1 – 101.1.10 added Section 202 amended Section 301.1 amended Section 404.2 amended Section 1003.1 amended 2 OF 5 Section 1003.1.1 added Section 1101.1 amended Chapter 12 deleted [Note added] Appendices A-D deleted (1) CHAPTER 1 – SCOPE, is amended as follows: (a) SECTION 101, GENERAL, is amended as follows: Sections 101.1.1 through 101.1.9 are added to read as follows: 101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code for One- and Two-Family Dwellings, 2018 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective ________, 20___, as part of the Maryland Building Performance Standards. 101.1.2 ICC Electrical Code. Any reference to the ICC Electrical Code shall mean the 2017 National Electrical Code, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective __________, 20___, as may be amended or restated from time to time, and the 2006 ICC Electrical Code – Administrative Provisions, with local amendments for Washington County, as adopted by the Board of County Commissioners of Washington County, Maryland on December 18, 2007, effective March 1, 2008, and amended on _________, 2019, effective _________, 20___. 101.1.3 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. 101.1.4 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective ________, 20___. 101.1.5 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective ___________, 20___, as part of the Maryland Building Performance Standards. 101.1.6 International Existing Building Code. Any reference to the International Existing Building Code, shall mean the International Existing Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on ___________, 2019, effective __________, 20___, by the Board of County Commissioners of Washington County, Maryland. 3 OF 5 101.1.7 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on __________, 2019, effective ___________, 20___. 101.1.8 International Private Sewage Disposal Code. Any reference to the International Private Sewage Disposal Code shall mean the International Plumbing Code, 2018 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective __________, 20___. 101.1.9 International Property Maintenance Code. Any reference to the International Property Maintenance Code shall mean the Washington County Livability Code adopted by the Board of County Commissioners of Washington County, Maryland on November 1, 1988, effective January 1, 1989, Revision 1 adopted and effective May 9, 2006, and as may be further amended or restated from time to time. 101.1.10 International Mechanical Code. Any reference to the International Mechanical Code shall mean the International Mechanical Code, 2018 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective __________, 20___. (2) CHAPTER 2, DEFINITIONS, is amended as follows: (a) SECTION 202, GENERAL DEFINITIONS, is amended as follows: The following definition is amended and shall read as follows: CODE OFFICIAL. The Director of the Washington County Division of Construction shall be known as the Code Official and the Chief Plans Examiner of the Division of Construction shall be known as the Deputy Code Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Official shall be referred to singularly or collectively as the Code Official. (3) CHAPTER 3, ORGANIZATION AND ENFORCEMENT, is amended as follows: (a) SECTION 301, DEPARTMENT OF ELECTRICAL INSPECTION, is amended as follows: Section 301.1 is amended and shall read as follows: 301.1 Creation of enforcement agency. The Director of the Washington County Division of Construction shall be known as the Chief Plans Examiner of the Division of Construction shall be known as the Deputy Code Official and are hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Official shall be referred to singularly or collectively as the Code Official. SECTION 103, DEPARTMENT OF MECHANICAL INSPECTIONS, is amended as follows: 4 OF 5 (4) CHAPTER 4, PERMITS AND FEES, is amended as follows: (a) SECTION 404, FEES, is amended as follows: Section 404.2 is amended and shall read as follows: Section 404.2 Schedule of permit fees. The fees for all electrical work shall be paid as required in accordance with the schedule established by the Board of County Commissioners of Washington County, Maryland. (5) CHAPTER 10, VIOLATIONS, is amended as follows: (a) SECTION 1003, PENALTIES, is amended as follows: Section 1003.1 is amended and shall read as follows: 1003.1 Criminal Penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs work in violation of the approved construction documents 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 less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00), or by imprisonment not exceeding one (1) year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 1003.1.1 is added and shall read as follows: 1003.1.1 Civil Penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs work in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Md. Code, Local Government Article, § 6-102, et seq.. The fine for a civil offense shall be established by resolution by the Board of County Commissioners of Washington County, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (6) CHAPTER 11, MEANS OF APPEAL, is deleted in its entirety and the following shall be inserted in its place: CHAPTER 11, MEANS OF APPEAL SECTION 1101, GENERAL 1101.1 Appeals. Any appeal of orders, decisions, or determinations made by the Code Official relative to the application and interpretation of this code shall be made to the Board of Examiners and Supervisors established by the Board of County Commissioners of Washington County, Maryland pursuant to Title 8 of the Code of the Public Local Laws of Washington County, Maryland, 2007 Edition, as may be amended or restated from time to time, and pursuant to any rules or regulations adopted by the Board of County Commissioners of Washington County, Maryland. 5 OF 5 (7) CHAPTER 12, ELECTRICAL PROVISIONS, is hereby deleted in its entirety. NOTE: The subject matter of this chapter is not within the scope of this code. For the applicable electrical provisions, refer to the 2017 National Electrical Code, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ___________, 2019, effective __________, 20__, as may be amended or restated from time to time. (8) APPENDICES A-D are deleted in their entirety. Adopted this ____ day of ___________, 2019. Effective the ____ day of __________, 20___. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ___________________________________ _______________________________________ Krista L Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: ___________________________________ B. Andrew Bright Assistant County Attorney Mail to: County Attorney’s Office 100 W. Washington Street, Suite 1101 Hagerstown, Maryland 21740 \\washco-md.net\CountyAttorney\Documents\Permits\ICC Electrical Code - Admin. Proc. (2006)\ORD\2019 Ordinance to Amend 2007 Ordinance - draft (vlg).docx 1 OF 6 ORDINANCE NO. ORD-2019-___ AN ORDINANCE TO REPEAL THE 2015 INTERNATIONAL FUEL GAS CODE, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL, WITH LOCAL AMENDMENTS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND AND TO ENACT THE INTERNATIONAL FUEL GAS CODE, 2018 EDITION, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL, WITH LOCAL AMENDMENTS FOR WASHINGTON COUNTY, MARYLAND RECITALS The Board of County Commissioners of Washington County, Maryland (the "Board"), being concerned with providing protection for consumers, the general public, and owners and occupants of building and structures in Washington County, Maryland, adopted by Ordinance No. ORD-2015-31, the 2015 International Fuel Gas Code, as promulgated by the International Code Council, with local amendments, on December 15, 2015, effective March 1, 2016. It has been recommended that the Board adopt the International Fuel Gas Code, 2018 Edition, which is more up-to-date and which provides greater safeguards for consumers, the general public, and owners and occupants of buildings and structures in Washington County, Maryland, if implemented, and provides for minimum regulations governing the design installation of fuel piping systems, fuel utilization equipment, gaseous hydrogen systems, and related accessories. A public hearing was held on _____________, 2019, following due notice and advertisement of the text of the International Fuel Gas Code, 2018 Edition, as promulgated by the International Code Council, with local amendments for Washington County. Public comment was received, reviewed, and considered concerning the adoption of the International Fuel Gas Code, 2018 Edition, as promulgated by the International Code Council, with local amendments for Washington County. NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the 2015 International Fuel Gas Code, as promulgated by the International Code Council, with local amendments, adopted 2 OF 6 by the Board of County Commissioners of Washington County, Maryland, adopted by Ordinance No. ORD-2015-31 on December 15, 2015, effective March 1, 2016, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed; NOW, THEREFORE, BE IT ORDAINED AND ENACTED that the International Fuel Gas Code, 2018 Edition, as promulgated by the International Code Council, with local amendments for Washington County, the contents of which are incorporated herein by reference, is enacted with the following insertions, amendments and additions: Section 101.1 amended Section 101.1.1 added Section 101.1.2 added Section 101.1.3 added Section 101.1.4 added Section 101.1.5 added Section 101.1.6 added Section 101.1.7 added Section 101.1.8 added Section 101.1.9 added Section 103.1 amended Section 106.6.2 amended Section 106.6.3 deleted Section 107.2.1 amended Section 108.4 amended Section 108.4.1 added Section 108.5 amended Section 109.1 amended Section 109.2 deleted Section 406.4.1 amended Section 614.8.2 amended Appendices A-D deleted ~~~~~~~~~~~~~~~ CHAPTER 1 – ADMINISTRATION, is amended as follows: SECTION 101, GENERAL, is amended as follows: Section 101.1 Title is amended to read as follows: 101.1 These regulations shall be known as the Fuel Gas Code of Washington County, Maryland, hereinafter referred to as "this code." Sections 101.1.1 through 101.1.9 are added to read as follows: 101.1.1 International Residential Code. Any reference to the International Residential Code shall mean the International Residential Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, as adopted on _____________, 2019, effective ________, 20___, by the Board of County Commissioners of Washington County, Maryland as part of the Maryland Building Performance Standards. 101.1.2 International Existing Building Code. Any reference to the International Existing Building Code, shall mean the International Existing Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, 3 OF 6 with local amendments for Washington County, Maryland, as adopted on __________, 2019, effective __________, 20__, by the Board of County Commissioners of Washington County, Maryland. 101.1.3 ICC Electrical Code. For the applicable electrical requirements, refer to the NFPA70: National Electrical Code, 2017 Edition, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective ________, 20___, and the 2006 ICC Electrical Code - Administrative Provisions, First Printing, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted on December 18, 2007, effective March 1, 2008, and amended on _________________, 2019, effective _________, 20___. 101.1.4 International Fire Code. Any reference to the International Fire Code shall mean the Maryland State Fire Prevention Code (COMAR 29.06.01), as may be amended or restated from time to time. 101.1.5 International Plumbing Code. Any reference to the International Plumbing Code shall mean the International Plumbing Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on ____________, 2019, effective _________, 20___. 101.1.6 International Building Code. Any reference to the International Building Code shall mean the International Building Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted on _________, 2019, effective ________, 20___, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 101.1.7 International Fuel Gas Code. Any reference to the International Fuel Gas Code shall mean the International Fuel Gas Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland, adopted by the Board of County Commissioners of Washington County, Maryland on _____________, 2019, effective _________, 20___. 101.1.8 International Energy Conservation Code. Any reference to the International Energy Conservation Code shall mean the International Energy Conservation Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, Maryland adopted on _________, 2019, effective ________, 20___, by the Board of County Commissioners of Washington County, Maryland, as part of the Maryland Building Performance Standards. 4 OF 6 101.1.9 International Mechanical Code. Any reference to International Mechanical Code in this code shall mean the International Mechanical Code, 2018 Edition, as promulgated by the International Code Council, as may be amended or restated from time to time, with local amendments for Washington County, adopted by the Board of County Commissioners of Washington County, Maryland, on ____________, 2019, effective ________, 20___. SECTION 103, DEPARTMENT OF MECHANICAL INSPECTIONS, is amended as follows: Section 103.1 is amended to read as follows: 103.1 General. The Director of the Division of Construction shall be known as the Code Official and the Chief Plans Examiner of the Division of Construction shall be known as the Deputy Code Official and is hereby authorized and directed to administer and enforce all provisions of this code. The Code Official and Deputy Code Official shall be referred to singularly or collectively as the Code Official. SECTION 106 (IFGC), PERMITS, is amended as follows: Section 106.6.2 is amended and shall read as follows: 106.6.2 Fee schedule. The fees for work performed under this code shall be paid in accordance with the schedule as established by the Board of County Commissioners of Washington County, Maryland, as may be amended from time to time. Section 106.6.3 is deleted in its entirety. SECTION 107 (IFGC), INSPECTIONS AND TESTING, is amended as follows: Section 107.2.1 is amended and shall read as follows: 107.2.1 New, altered, extended or repaired installations. New installations and part of existing installations, including but not limited to LP tank replacements, which have been altered, extended, renovated, or repaired, shall be tested as prescribed herein to disclose leaks and defects. SECTION 108 (IFGC), VIOLATIONS, is amended as follows: Section 108.4 Violation penalties, is amended and shall read as follows: 108.4 Criminal Penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs work in violation of the approved construction documents 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 less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00), or by imprisonment not exceeding one (1) year, or both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 5 OF 6 Section 108.4.1 is added and shall read as follows: 108.4.1 Civil Penalties. Any person, firm, corporation, or entity that violates a provision of this code or fails to comply with any of the requirements thereof or that erects, constructs, alters, or repairs work in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense which shall be prosecuted in accordance with Md. Code, Local Government Article, § 6-102, et seq. The penalty for a civil offense shall be established by resolution by the Board of County Commissioners of Washington County, Maryland. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 is amended to read as follows: 108.5 Stop work orders. Upon notice from the Code Official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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 liable for a fine of not less than Two Hundred Fifty Dollars ($250.00) or more than One Thousand Dollars ($1,000.00). SECTION 109 (IFGC), MEANS OF APPEALS, is amended as follows: Section 109.1 is amended and shall read as follows: 109.1 Application for appeal. Any person shall have the right to appeal a decision of the Code Official to the Washington County Plumbing/Mechanical Board (the “Plumbing/Mechanical Board”). An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code no not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served. All appeals shall be heard in accordance with the rules, regulations and procedures adopted by the Plumbing/Mechanical Board. Section 109.2 is deleted in its entirety. CHAPTER 4 – GAS PIPINGS AND INSTALLATIONS, is amended as follows: SECTION 406 (IFGC), INSPECTION, TESTING AND PURGING is amended as follows: Section 406.4.1 is amended and shall read as follows: 406.4.1 Test pressure. The test pressure to be used shall be no less than 30 psi. on a 30 lb. gauge. 6 OF 6 CHAPTER 6 – SPECIFIC APPLIANCES, is amended as follows: SECTION 614 (IFGC), CLOTHES DRYER EXHAUST is amended as follows: Section 614.8.2 is amended to read as follows: 614.8.2 Duct installation. Exhaust ducts shall be supported at 4-foot (1219 mm) intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the directions of airflow. Ducts shall not be joined with screws or similar fasteners that protrude into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. APPENDICES APPENDICES A-D ARE DELETED IN THEIR ENTIRETY. Adopted this ____ day of ___________, 2019. Effective the ____ day of _________, 20__. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ___________________________________ _______________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: ___________________________________ Mail to: B. Andrew Bright Office of the County Attorney Assistant County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 \\washco-md.net\CountyAttorney\Documents\Permits\International Fuel Gas Code - Adoption of 2018 IFGC\ORD\Ordinance adopting 2018 IFGC - draft (vlg).doc Open Session Item SUBJECT: Expenditure of accrued payment-in-lieu (PIL) of funds in accordance with the Forest Conservation Act PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Jill Baker, Director, Planning and Zoning; Elmer Weibley, District Manager, Washington County Soil Conservation District RECOMMENDED MOTION: Motion to approve the expenditure of PIL funds for acquisition and implementation of easements related to forest conservation for William & Heidi Bumpers et. al., James Osen & Ann Aldrich, C. R. Semler LLC, and Gary & Brenda Beachley (Shanktown Road Tract). REPORT-IN-BRIEF: The County has an executed Memorandum of Understanding with the Washington County Soil Conservation District (WCSCD) to assist us in the expenditure of accrued PIL funds in accordance with the Maryland Forest Conservation Act and the Washington County Forest Conservation Ordinance. The responsibility of the WCSCD is to seek out property owners who are willing to voluntarily implement a permanent easement on their property for the purpose of retaining or planting forested areas. WCSCD also oversees all aspects of easement implementation including survey work, site prep, installation and maintenance of the easements. WCSCD has received interest from five (5) property owners for six (6) sites in the County as potential areas for easement acquisition. Using a newly implemented ranking system, four of the six potential sites are recommended for acquisition. The other sites will be kept in reserve and reviewed again during a subsequent round of PIL expenditure. DISCUSSION: The Maryland Forest Conservation Act requires counties across the State to implement standards to help protect forest resources threatened by growth and land development. The Washington County Forest Conservation Ordinance implements these regulations through our plan review and permitting process. New development that meets the threshold of a regulated activity is required to mitigation for impacts on forest resources. There are several options outlined in the Ordinance that developers may use to mitigate for these impacts. The highest priority is always retention or afforestation on the site where the regulated activity is taking place, however, it is not always possible to complete mitigation on site. One method of mitigation is for the developer to pay a fee in lieu of physical forest installation or protection. These funds are deposited into a dedicated account and accrued until such time sufficient funds are available to establish easements elsewhere in the County. Board of County Commissioners of Washington County, Maryland Agenda Report Form FISCAL IMPACT: N/A. All work completed under this task will be paid for with funds committed by various developers as mitigation fees. CONCURRENCES: Washington County Planning Commission ALTERNATIVES: If the County does not expend the PIL funds in accordance with the Maryland Forest Conservation Act then all funds collected must be returned to the various developers who must then expend the funds by finding mitigation options themselves. ATTACHMENTS: FCA Candidate packet from WCSCD AUDIO/VISUAL NEEDS: N/A �PsHINGTONCOUNTY WASHINGTON COUNTY SOIL CONSERVATION DISTRICT 1260 Maryland Avenue, Suite 101 • Hagerstown, MD 21740 (301)797-6821, Ext. 3 ' S RVATIONofacebook.com/wcscd www.conservationplace.com TO: Board of County Commissioners Steve Goodrich, Director Jill Baker, Deputy Director Travis Allen, Comprehensive Planner Department of Planning and Zoning FROM: Elmer D. Weibley, CPESC, District Manager" Dee Price CESSWI, Urban Program Director/ DATE: November 6, 2019 SUBJECT: FCA Candidates I have attached information regarding five landowners, who have expressed interest in moving forward with creating a Forest Conservation Easement on the properties. One landowner has two properties to consider. All the sites were evaluated and scored using our newly adopted ranking criteria. I have provided the information below for each site, along with a summary spreadsheet with our cost estimates and ranking scores: 1. Map of subject property 2. Descriptive paragraph for each property prepared by our DNR County Forester, Aaron Cook 3. Project Ranking sheet 4. Real property data search results The Planning Commission accepted my recommendations to move forward with four of the six parcels. The Gordon parcel and Beachley, Park Hall Road parcel will be re -considered for inclusion in the program at a later date and be ranked with additional candidates. Their low -ranking scores and nature of their parcels were the basis for my recommendation to the Planning Commission. My recommendation is for approval of the four parcels by the Board of County Commissioners. Please contact me at 301-797-6821, Ext. 3 if you have any questions. District Board of Supervisors Harry E. $trite J.D. Rinehart J. Scott Shank, III Janet Stiles Fulton Edward C. Wurmb, D.V.M. Chair We Chair Treasurer Supervisor Supervisor Boyd Michael Associate W C 0 V1 LO LLo 0 N1 Z X Z ui Q O N ON d' lC M M r1 i%t ry) N _ N W W I-- Vf ° a o 0 N W Z u a Q u N � � � 0 LLJ O .^-i nNi ci of JLL Z Z LLI CW C } a W � u z M Q o 0 0 0 Li. Z o g a a 0 m Q Y W w a 2 Q_ U d U W Z O m Q N c 0 Z Q z _ 06 0J a C C (U J i m F- U m c- 0 0 a C O T 0 N f0 i u Ll a 3: -mn U Q fL- �t M p M Ln00 01 r-I In � m rO1n O o m o iD N c � O U C U � N m Q' a, a 4- 0 m O a �^ LL li a! a, m 7 O cr C C W w � U C � LL ` m 4, A C U C " N c0 OJ LA. ' 66 4w E e U R a. O L 0 0 ixU FO- Ln F0- Ll w Mayo & Bumpers Date: 09/24/2019 Forest Conservation Easement Customer(s): WILLIAM & HEIDI BUMPERS, ET AL (Mayo & Bumpers) Assisted By: Ginger Noble Approximate Acres: 39.46 Field Office WASHINGTON COUNTY SERVICE CENTER Legal Description: MPV: 22-09-009515 (35.86). 012591 (3.6) 462 MARYLAND � .y� DEPARTMENT OF -� NATURAL RESOURCES Landowner: Mayo/Bumpers Prepared by: Aaron Cook, Forester Larry Hogan, Governor Boyd Rutherford, Lt. Governor Jeannie Haddaway-Riccio, Secretary The potential easement area encompasses an undetermined acreage of existing forest areas on the property, primarily along the floodplain and adjacent slopes overlooking the southern edge of Little Antietam Creek, with a smaller area of forest and potential afforestation acreage along the northern edge of the Creek. This parcel (map 26, parcels 102 and 99, 35.65 and 3.55 acres in size, respectively) occupies rolling to steep topography along nearly 2,290 linear feet of Little Antietam Creek. Past agrian land use, steep slopes, exposed limestone outcroppings, and past agrarian land uses have permitted a unique basic mesic forest type of bitternut hickory, chinkapin oak, northern red oak, black walnut, basswood, American beech, sugar maple, and yellow -poplar to establish. This forest community was likely more widespread in the Hagerstown Valley prior to clearing for agricultural land use during settlement. The stream bank and floodplain areas of the site are occupied with American sycamore and silver maple. The understory vegetation is a uniform layer of both native and non-native woody shrub species, shade tolerant trees such as pawpaw, ironwood, musclewood, blackhaw viburnum. Herbaceous vegetation including several unique wildflower species such as cohosh and spleenwort, all suited to the moist growing conditions and basic soil chemistry of the site. The overstory trees vary from large sawtimber size class to poletimber, with optimal stocking conditions. In addition to these desirable native trees, Ailanthus, or tree -of -heaven, has also established in areas adjacent to forest edge. These trees are being controlled, and control efforts should continue in the future, Access is limited given the nature of the terrain and dense nature of the understory, but several paths have been created as a platform for management and recreation throughout the site, and a former club picnic area remains along the northeastern edge of the property. Maryland Forest Service MAAYUND 14011 Blairs Valley Road • Clear Spring, MD 21722 301-791-4733 9 www.dnr.maryland.gov • TTY users call via Maryland Relay WASHINGTON COUNTY FOREST CONSERVATION ORDINANCE PAYMENT IN LIEU PROGRAM EXISTING FOREST PROJECT RANKING CRITERIA PROJECT NAME MAYO/BUMPERS TO BE CONSIDERED FOR PROGRAM INCLUSION, THE EXISTING FOREST MUST MEET THE DEFINITION OF "FOREST" CONTAINED IN THE WASHINGTON COUNTY 1[ATION ORDINANCE Ranking Factor Description Maximum Total Score Notes Points Adjacent to perennial or Perennial stream (10 pts.), 1 intermittent stream Intermittent (5 pts.), 10 No stream (0 pts.) 10 Connects forest "Islands" Forested corridor is at least 300' wide (10 2 creating forested corridors pts.), 200' wide (5 pts.), does not create 10 0 corridor (0 pts.) Adjacent to critical habitat Adjacent to Class III Trout Waters with natural populations of trout (10 pts.), within 3 Class III watershed (5 pts), wetlands (3 pts.), 10 10 No critical habitats (0 pts.) Contiguous forest cover Easement will increase forest to 100 acre Property adjoins Osen/Aldrich 4 block (5pts.), 50 acres(3 pts.), will not adjoin property and would create a existing forest (0 pts.) ' block at least 50 acres 100 year floodplain Easement will cover 100% of 100 year S forested floodplain (5 pts.), 50% (3 pts.), 0% 5 3 (0 pts.) Site access Easily accessible , maintenance and long term 6 monitoring, (10 pts) 10 i0 Site conditions, including Adequately stocked forest of predominately control of non- native tree and shrub species of good health native/invasive plant species and vigor(10 pts.,) over or under stocked forest with no greater than 20% non- 7 native/invasive species and landowner has 10 :0 demonstrated commitment to control (5 pts.), requires extensive invasive control (0 pts.) Total existing forest area > 5 acres (10 pts.), 2-5 acres (5 pts.), 8 < 2 acres (1 pt.) 10 10 Watershed location Located in Antietam or Conococheague watershed (10 pts.) 10 10 Sensitive species Identified Sensitive species area Identified for site and no adverse effects from project (5pts.), no 9 sensitive species area Identified for site, 5 (Opts.) 5 TOTAL POINTS POSSIBLE 85 71 Real Pro"lly Data Search 1 vr4� Search Result for WASHINGTON COUNTY View Map - View GroundRent Redemption View GroundRent Registration Tax Exempt: Special Tax Recapture: Exempt Class: �\In",11= Account Identifier: District - 09 Account Number - 012591 Owner Name: BUMPERS WILLIAM M ET AL Use: RESIDENTIAL BUMPERS HEIDI Principal NO Residence: Mailing Address: 6906 SEVEN LOCKS Deed Reference: /05334/ 00171 CABIN JOHN MD 20818-0000 rremises Aaaress: 21655 LEITERSBURG SMITHSBURG HAGERSTOWN 21742-0000 Map: Grid: Parcel: Sub Subdivision District: 0026 0021 0099 0000 Special Tax Areas: Primary Structure Above Grade Living Built Area 1979 684 SF Stories Basement Type 1 NO MANUFACTURED HOME Legal Description Section: Block Town: Ad Valorem: Tax Class: Finished Basement Area Exterior Full/Half Bath SIDING 1 full IMPS 3.6 ACRES 21655 LEITERSBURG SMITHSBURG ROAD Lot: Assessment Plat Year: No: 2019 Plat Ref: NONE Property Land Area County Use 3.6000 AC Garage Last Major Renovation Base Value Value Phase -in Assessments As of As of As of 01 /01 /2019 07/01 /2019 07/01 /2020 Land: 94,500 89,500 Improvements 6,100 6,300 Total: 100,600 95.800 95,800 95,800 Preferential Land: 0 0 Seller: LITTLE ANTIETAM CREEK LLC Date: 09/29/2016 Price: $0 Type: NON -ARMS LENGTH OTHER Deed1: /05334/ 00171 Deed2: Seller: KOVATCH ROBERT M Date: 10/28/2014 Price: $900,000 Type: ARMS LENGTH MULTIPLE Deed1: /04850/ 00273 Deed2: Seller: FRATERNAL ORDER OF EAGLES Date: 06/17/2011 Price: $110,000 Type: ARMS LENGTH IMPROVED Deed1: /04105/ 00388 Deed2: Partial Exempt Class 07/01/2019 07/01/2020 Assessments: County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Tax Exempt: Special Tax Recapture: Exempt Class. NONE James Osen & Ann Aldrich Date: 9/23/2019 Forest Conservation Easement Customer(s): JAMES L OSEN & ANN ALDRICH Assisted By. Ginger Noble Approximate Acres: 33.93 & Elmer Weibley Legal Description: MPV: 22-09-005544 Field Office. WASHINGTON COUNTY SERVICE CFNTFR MARYLAND �.A--- DEPARTMENT OFBoyLarry Hogan, Governor �� NATURAL RESOURCES a Hd dawayRicRutherford. Lt. Governor Jeannie Haddaway-Riccio, Secretary Landowner: Aldrich/ Osen Prepared by: Aaron Cook, Forester The potential easement area encompasses an undetermined acreage of existing forest areas on the Property, primarily along the floodplain and adjacent slopes overlooking the southern edge of Little Antietam Creek. This parcel (map 26, parcels 100, 34 acres in size) occupies rolling to steep topography along nearly 400 linear feet of Little Antietam Creek. The majority of the site was a working farm until the mid-1970s, when active haying and livestock were removed from the site. Following this change in land use, many of the fields were left to regenerate naturally into the current mixture of young immature forest, scattered mature trees, and brushy openings; a common cover type in areas of the Hagerstown Valley formerly devoted to agrarian uses. Nearly all of the ash on the site have died from emerald ash borer infestation, the landowners are underplanting oaks and other native hardwoods to replace these overstory trees. The stream bank and flood plain areas of the site are occupied with American sycamore and silver maple. In addition to these desirable native trees, Ailanth us, or tree -of - heaven, along with bee bee tree have also established in areas throughout the property. These trees are being controlled, and control efforts should continue in the future. Access is limited given the nature of the terrain and dense nature of the understory, but several paths have been created as a platform for management and recreation throughout the site. Maryland Forest Service 14038 elairs Valley Road • Clear Spring, MD 21722 301-791-4733 e www.dnr.maryland.gov • TTY users call via Maryland Relay WASHINGTON COUNTY FOREST CONSERVATION ORDINANCE PAYMENT IN LIEU PROGRAM EXISTING FOREST PROJECT RANKING CRITERIA PROJECT NAME JAMES OSEN/ANN ALDRICH 2 TO 8E CONS106ED FOR PROGRAM INCLUSION, THE EXISTING FOREST MUST MEET TH ! NITION OF "FOREST" CONTAINED IN THE Ranking Factor Description Maximum Total P Score Notes Points Adjacent to perennial or Perennial stream (10 pts.), 1 intermittent stream Intermittent (5 pts.), 10 No stream (0 pts.) i0 Connects forest "Islands" Forested corridor is at least 300' wide (10 2 creating forested corridors pts.), 200' wide (5 pts.), does not create 10 0 corridor (0 pts.) Adjacent to critical habitat Adjacent to Class III Trout Waters with natural populations of trout (10 pts.), within 3 Class III watershed (5 pts), wetlands (3 pts.), 10 10 No critical habitats (0 pts.) Contiguous forest cover Easement will increase forest to 100 acre Property adjoins Mayo/Bumpers 4 block (5pts.), 50 acres(3 pts.), will not adjoin property and would create a existing forest (0 pts.) S 3 block at least 50 acres 100 year floodplain Easement will cover 100% of 100 year 5 forested floodplain (5 pts.), SO% (3 pts.), 0% 5 S (0 pts.) Site access Easily accessible , maintenance and long term 6 monitoring, (10 pts) 10 7 Site conditions, including Adequately stocked forest of predominately Property owners are actively control of non- native tree and shrub species of good health managing invasive species on native/invasive plant species and vigor(10 pts.,) over or under stocked their property forest with no greater than 20% non- native/invasive species and landowner has 10 5 demonstrated commitment to control (5 pts.), requires extensive invasive control (0 pts.) Total existing forest area > S acres (10 pts.), 2-S acres (5 pts.), 8 < 2 acres (1 pt.) 10 -.0 Watershed location Located in Antietam or Conococheague watershed (10 pts.) 10 10 Sensitive species Identified Sensitive species area Identified for site and no adverse effects from project (5pts.), no 9 sensitive species area Identified for site, S 5 (Opts.) TOTAL POINTS POSSIBLE 85 65 Real Property Data Search { Search Result for WASHINGTON COUNTY View Map View GroundRent Redemption View GroundRent Registration Tax Exempt: None Special Tax Recapture: AGRICULTURAL TRANSFER TAX Exempt Class: None Account Identifier: District - 09 Account Number - 005544 Owner Name: OSEN JAMES L & Use: AGRICULTURAL ALDRICH ANN B Principal Residence: YES Mailing Address: 13302 UNGER RD Deed Reference: /04666/ 00487 HAGERSTOWN MD 21742-1430 Premises Address: Map: Grid: Parcel: 0026 0021 0100 Special Tax Areas: None 13302 UNGER RD HAGERSTOWN 21742-0000 Neighborhood: Subdivision: Section 9010142.22 0000 Primary Structure Built Above Grade Living Area 1803 2,638 SF Legal Description: 33.93AC Block: Lot Town: Ad Valorem: Tax Class: Finished Basement Area 13302 UNGER RD Assessment Year: Plat No: 2019 Plat Ref: None None None Property Land Area County Use 33.9300 AC Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements 2 YES STANDARD UNIT STONE/ 5 2 full 1 Detached Base Value Value Phase -in Assessments As of As of As of 01 /01 /2019 07/01 /2019 07/01 /2020 Land: 81,100 76,100 Improvements 215,500 218,100 Total: 296,600 294,200 294,200 294,200 Preferential Land: 6,100 6.100 Seller: LARDIZABAL EVARISTO R ET AL Date: 11/13/2013 Price: $375,000 Type: NON -ARMS LENGTH OTHER Deed1: /04666/ 00487 Deed2: Seller: LARDIZABAL EVARISTO R Date: 11/26/2007 Price: $0 Type: NON -ARMS LENGTH OTHER Deed1: /03409/ 00577 Deed2: Seller: Date: Price: Type: Deed1: Deed2: Partial Exempt Assessments: Class 07/01/2019 07/01/2020 County: 000 0.00 State: 000 0.00 Municipal: 000 0,0010.00 0.0010.00 Tax Exempt: None Special Tax Recapture: AGRICULTURAL TRANSFER TAX Exempt Class: Non, - Homestead Application Status: No Application Homeowners' Tax Credit Application Status: No Application Date: ct ) z:3 wLZ UC- wCU Q m U°O CL w0 co _rn } Q Q) �2 N ? U N rn O c a U N ZQ p O F- U z z Q y O a.) LL U � U Cy') C2 �— (n CO U It > c'y') .. LL C L11 J Q w U) N Lf) z N J O Q Z U = < w Q iv in a .N a U Q / SU- oFl I ARYLAND s ���+ DEPARTMENT OF Larry Hogan, Governor NATURAL RESOURCES Boyd Rutherford, Lt. Governor "�,� Jeannie Haddaway-Riccio, Secretary Landowner: Semler, Cresspond Road Tract Prepared by: Aaron Cook, Forester P The potential easement area encompasses an undetermined acreage of existing forest areas on the property, primarily along the floodplain and adjacent slopes overlooking the northern edge of Conococheague Creek. This parcel (map 23, parcel 112, 121.29 acres in size) occupies rolling to steep topography along nearly 4,250 linear feet of Conococheague Creek and several tributaries. Past agrian land use, steep slopes, combination of thin shale soils & poorly drained floodplain soils, and a generally southern aspect have permitted a mixed upland oak -hickory forest to establish along the upland slopes, while the floodplain and tributaries along Conococheague Creek are dominated by a bottomland hardwood forest type of sycamore, silver maple, and shagbark hickory. The understory vegetation is a uniform layer of both native and non-native woody shrub species, shade tolerant trees such as boxelder, and herbaceous vegetation suited to the moist growing conditions and fragmented nature of the canopy. The overstory trees vary from large sawtimber size class to poletimber, with optimal to slightly overstocked conditions, varying along the length of property which was abandoned from agricultural uses, primarily pasture, in stages over the last century. Access is limited given the nature of the terrain and dense nature of the understory. Maryland Forest Service t�trriu� 14038 Blairs Valley Road • Clear Spring, MD 21722 301-791-4733 • www.dnr.maryland.gov • TTY users call via Maryland Relay WASHINGTON COUNTY FOREST CONSERVATION ORDINANCE PAYMENT IN LIEU PROGRAM EXISTING FOREST PROJECT RANKING CRITERIA PROJECT NAME CR Semler L.L.C. (Charles Semler) BE CONSIDERED FOR PROGRAM INCLUSION, THE EXISTING FOREST MUST MEET THE DEFINITION OF "FOREST" CONTAINED IN THE 1N IN D OOU CE Rankin Factor Maximum Total g Description Score Notes Points Adjacent to perennial or Perennial stream (10 pts.), 1 intermittent stream Intermittent (5 pts.), 10 10 No stream (0 pts.) Connects forest "Islands" Forested corridor is at least 300' wide (10 2 creating forested corridors pts.), 200' wide (5 pts.), does not create 10 0 corridor (0 pts.) Adjacent to critical habitat Adjacent to Class III Trout Waters with Wetlands present in easement natural populations of trout (10 pts.), within area listed on National Wetland 3 Class III watershed (5 pts), wetlands (3 pts.), iC 3 Inventory as Forested Wetlands No critical habitats (0 pts.) Contiguous forest cover Easement will increase forest to 100 acre block (5pts.), 50 acres(3 pts.), will not adjoin 4 existing forest (0 pts.) 5 3 100 year floodplain Covers 100% of forested flood 5 Easement will cover 100% of 100 year 5 plane and protects 4,500 linear forested flood lain 5 pts,), 50% 3 pts.), 0% P ( p ) ( P ) feet (.85 miles)of (0 ots.) Conococheague Creek Site access Easily accessible , maintenance and long term 6 monitoring, (10 pts) 10 7 Site conditions, including Adequately stocked forest of predominately control of non- native tree and shrub species of good health native/invasive plant species and vigor(10 pts.,) over or under stocked forest with no greater than 20% non- 7 native/invasive species and landowner has 10 10 demonstrated commitment to control (5 pts.), requires extensive invasive control (0 pts.) Total existing forest area > 5 acres (10 pts.), 2-5 acres (5 pts.), 8 < 2 acres (1 pt.) 10 10 Watershed location Located in Antietam or Conococheague watershed (10 pts.) 10 10 Sensitive species Identified Sensitive species area Identified for site and no adverse effects from project (5pts.), no 9 sensitive species area Identified for site, 10 (Opts.) Identified DNR Targeted 5 Ecological Area present TOTAL POINTS POSSIBLE 85 63 a,,,i Proaerty Data Searc' Search Result for WASHINGTON COUNTY View Map View GroundRent Redemption_ View GroundRent Registration Tax Exempt: Special Tax Recapture: Exempt Class 4GRICULTURAL TRANSFER TAX Account Identifier: District - 13 Account Number - 008825 Owner Name: C R SEMLER LLC Use: AGRICULTURAL Principal Residence: NO Mailing Address: 11664 MAPLEVILLE RD Deed Reference: /01859/ 00312 SMITHSBURG MD 21783-1806 121.29 AC Premises Address: CRESSPOND RD Legal Description: CLEAR SPRING 21722-0000 CRESSPOND ROAD Map: Grid: Parcel: Sub Subdivision: Section: Block: Lot: Assessment Plat District: Year: No: 0023 0013 0112 0000 2017 Plat Ref: Special Tax Areas: Primary Structure Built Stories Basement Above Grade Living Area Town: Ad Valorem: Tax Class: Finished Basement Area Type Exterior Full/Half Bath NONE Property Land Area County Use 121,2900 AC Garage Last Major Renovation Base Value Value Phase -in Assessments As of As of As of 01 /01 /2017 07/01 /2018 07/01 /2019 Land: 19,700 19,700 Improvements 8,000 8,000 Total: 27,700 27,700 27,700 27,700 Preferential Land: 19,700 19,700 Seller: KAETZEL DANIEL M & P V Date: 11/04/2002 Price: $244,536 Type: ARMS LENGTH IMPROVED Deed1: /01859/ 00312 Deed2: Seller: Date: Price: Type: Deed1: Deed2: Seller: Date: Price: Type: Deed1: Deed2: Partial Exempt Assessments: Class 07/01/2018 07/01/2019 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Tax Exempt: Special Tax Recapture: Exempt Class: AGRICULTURAL TRANSFER TAX Homestead Application Status: No Application r -1 Forest C nservation Area -2.0 Ac Forest Consery "on. Area i ° -7.6 Ac M • 1 r � i 4"" � � �� J _ _'�r�--i91 +fir • �.�- '*, MARYLAND DEPARTMENT OF Larry Hogan, Governor Boyd Rutherford, Lt. Governor .� NATURAL RESOURCES Jeannie Haddaway-Riccio, secretary Landonwer: Beachley, Park Hall Road Tract Prepared by: Aaron Cook, Forester P01111' The potential easement area is located on the west slope of South Mountain and encompasses an undetermined acreage of existing forest areas on the property, primarily along the floodplain and adjacent steep slopes overlooking the Dog Creek and an unnamed tributary, which meets Dog Creek in the northwest corner of the site. This parcel (map 78, parcel 77, lots 1 & 2, 12.69 and 6.47 acres in size, respectively) occupies a mosaic of open meadow, utility right-of-way, and mixed oak -hardwood forest. The forest composition is defined by a combination of thin, rocky soil, aspect, and past harvests. Areas with northern aspects and along the floodplain of Dog Creek and its tributary are dominated by an uneven aged mixture of small sawtimber sized yellow -poplar and mixed oak. The understory in these areas in more uniform woody shrub layer of witch -hazel and spicebush. Portions of the western facing aspects were commercially harvested in the mid-2000s, resulting in a residual forest of scattered sawtimber sized chestnut oak and a younger, densely stocked, midstory of regenerated poletimber sized yellow -poplar and red maple. Areas not incorporated into the past harvest are adequately stocked with a mixed oak overstory and sparse ericaeous understory with thickets of chestnut oak seedlings. _ Maryland Forest Service "tA°Y1AYD 14038 Blairs Valley Road • Clear Spring, MD 21722 { 301-791-4733 • www.dnr.maryland.gov • TTY users call via Maryland Relay a.,v WASHINGTON COUNTY FOREST CONSERVATION ORDINANCE PAYMENT IN LIEU PROGRAM EXISTING FOREST PROJECT RANKING CRITERIA PROJECT NAME GARY & BRENDA BEACHLEY (PARK HALL ROAD TRACT) O BE CONSIOERED FUFt IF8M ,t N, THE EXISTING FOREST MUST MEET THE DEFINITION OF "FOREST" CONTAINED IN THE ON COUNTY FOREST CONSERVATION ORDINANCE Ranking Factor Description Maximum Total Score Notes Points Adjacent to perennial or Perennial stream (10 pLS.), 1 intermittent stream Intermittent (5 pts.), 10 10 No stream (0 pts.) Connects forest "Islands" Forested corridor is at least 300' wide (10 2 creating forested corridors pts.), 200' wide (5 pts.), does not create 10 0 corridor (0 pts.) Adjacent to critical habitat Adjacent to Class III Trout Waters with natural populations of trout (10 pts.), within 3 Class III watershed (5 pts), wetlands (3 pts.), 10 0 No critical habitats (0 pts.) Contiguous forest cover Easement will increase forest to 100 acre block (5pts.), 50 acres(3 pts.), will not adjoin 4 existing forest (0 pts.) ' `' 100 year floodplain Easement will cover 100% of 100 year 5 forested floodplain (5 pts.), SO% (3 pts.), 0% 5 0 (0 pts.) Site access Easily accessible , maintenance and long term 6 monitoring, (10 pts) 10 10 Site conditions, including Adequately stocked forest of predominately control of non- native tree and shrub species of good health native/invasive plant species and vigor(10 pts.,) over or under stocked forest with no greater than 20% non- 7 native/invasive species and landowner has 10 :0 demonstrated commitment to control (5 pts.), requires extensive invasive control (0 pts.) Total existing forest area > 5 acres (10 pts.), 2-5 acres (5 pts.), 8 < 2 acres (1 pt.) 10 10 Watershed location Located in Antietam or Conococheague watershed (10 pts.) 10 10 Sensitive species Identified Sensitive species area Identified for site and no adverse effects from project (5pts.), no 9 sensitive species area Identified for site, S (Opts.) 0 TOTAL POINTS POSSIBLE 85 50 Real Property Data Search Search Result for WASHINGTON COUNT', View Map View GroundRent Redemption View GroundRent Registration Tax Exempt: Special Tax Recapture: Exempt Class: AGRICULT! )RAt_ TRANSFER TAX Account Identifier: District - 08 Account Number - 017514 Owner Name: BEACHLEY GARY L Use: AGRICULTURAL BEACHLEY BRENDA K Principal Residence: NO Mailing Address: 10 BEDROCK LN Deed Reference: /02149/ 00464 KEEDYSVILLE MD 21756-1304 Premises Address: 21136 PARK HALL RD Legal Description: LOT 1 12.69 ACRES ROHRERSVILLE 21779-0000 21136 PARK HALL ROAD Map: Grid: Parcel: Sub Subdivision: Section: Block: Lot: Assessment Plat 8890 District: Year: No: 0078 0007 0077 0000 1 2018 Plat Ref: Special Tax Areas: Town: NONE Ad Valorem: Tax Class: Primary Structure Above Grade Living Finished Basement Property Land County Built Area Area Area Use 12.6900 AC 000000 Stories Basement Type Exterior Full/Half Bath Garage Last Major Renovation Base Value Value Phase -in Assessments As of As of As of 01 /01 /2018 07/01 /2018 07/01 /2019 Land: 2,300 2.300 Improvements 0 0 Total: 2,300 2,300 2,300 2,300 Preferential Land: 2,300 2,300 Seller: Date: Price: Type: Deed1: Deed2: Seller: Date: Price: Type: Deed1: Deed2: Seller: Date: Price: Type: Deed1: Deed2: Partial Exempt Assessments: Class 07/01/2018 07/01/2019 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Tax Exempt: Special Tax Recapture: Exempt Class: AGRICULTURAL TRANSFER TAX Homestead Application Status: No Application Real Property Data Search Search Result for WASHINGTON COUNT'i View Map View GroundRent Redemption View GroundRent Registration Tax Exempt: Special Tax Recapture: Exempt Class: AGRICULTURAL TRANSFER TAX Account Identifier: District - 08 Account Number - 012199 Owner Name: BEACHLEY GARY L Use: AGRICULTURAL BEACHLEY BRENDA K Principal Residence: NO Mailing Address: 10 BEDROCK LN Deed Reference: /02149/ 00464 KEEDYSVILLE MD 21756-1304 Premises Address: 21130 PARK HALL RD Legal Description: LOT 2 6.47 ACRES ROHRERSVILLE 21779-0000 21130 PARK HALL ROAD Map: Grid: Parcel: Sub Subdivision: Section: Block: Lot: Assessment Plat 8890 District: Year: No: 0078 0007 0077 0000 2 2018 Plat Ref: Special Tax Areas: Town: NONE Primary Structure Above Grade Living Built Area Ad Valorem: Tax Class: Finished Basement Area Stories Basement Type Exterior Full/Half Bath Property Land County Area Use 6.4700 AC Garage Last Major Renovation Base Value Value Phase -in Assessments As of As of As of 01 /01/2018 07/01 /2018 07/01 /2019 Land: 1,200 1,200 Improvements 0 0 Total: 1,200 1,200 1,200 1,200 Preferential Land: 1,200 1,200 Seller: REICH JUNE K Date: 10/03/2003 Price: $150,000 Type: ARMS LENGTH VACANT Deed1: /02149/ 00464 Deed2: Seller: KELLER URSULA B Date: 02/25/1997 Price: SO Type: NON -ARMS LENGTH OTHER Deed1: /01321/ 00422 Deed2: Seller: GOVER S CLARK & URSULA B Date: 05/31/1990 Price: $O KELLER Type: Deed1: /00956/ 00494 Deed2: Partial Exempt Assessments: Class 07/01/2018 07/01/2019 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Tax Exempt: Special Tax Recapture: Exempt Class: AGRICULTURAL TRANSFER TAX am 0� (L) o W o N z Z cM W U � W � Wm� >- .N E OQ °6 U Z O F- U _Z 2 Q ai U_ O Q) L. E # M W -p CO q O O — M Z— H 06 O m C 06 o t� a� (� Q O LL MX M O W o J Ln U Q IM N CD � J CM a Q C Q O o. Ln U m E a) E x O 0 0 �a in CL m :3 a a) U Q J O LMARYLAND DEPARTMENT OF ATURAL RESOURCES Landowner: Beachley, Shanktown Road Tract Prepared by: Aaron Cook, Forester Larry Hogan, Governor Boyd Rutherford, Lt. Governor Jeannie Haddaway-Riccio, Secretary The potential easement area is located east of Big Pool just north of the Potomac River, and encompasses all of the existing forest areas on the parcel (map 45, parcel 173, 32.93 acres in size). The site is entirely wooded, and occurs along a series of low dendritic reliefs which merge into a central drainage, an unnamed stream, that forms the eastern boundary of the site. This stream flows south joining the Potomac River south of the site. As such topography is rolling and forest composition varies from sawtimber size upland oaks along the low reliefs, while the low areas are a mixture of mature oaks and hardwoods such as yellow -poplar, black walnut, and black maple. A small area along the southwest portion of the site is a younger age class of upland oak, having been reclaimed from pasture by forest several decades ago. The understory throughout is relatively open, with a more uniform woody shrub layer in wetter areas. A commercial harvest in the late 1980s selectively removed some of the overstory, while a more recent pulpwood harvest removed conifers in the pasture area that was reclaimed by forest. Since this time management of the property has been devoted to non-commercial timber stand improvement practices which have promoted desirable oaks to occupy the forest overstory. Maryland Forest Service `OFF"A"' 14038 Blairs Valley Road • Clear Spring, MD 21722 301-791-4733 • www.dnr.maryland.gov • TTY users call via Maryland Relay WASHINGTON COUNTY FOREST CONSERVATION ORDINANCE PAYMENT IN LIEU PROGRAM EXISTING FOREST PROJECT RANKING CRITERIA PROJECT NAME GARY & BRENDA BEACHLEY (SHANKTOWN ROAD TRACT) —=— � - — ROG MUST MEET THE DEFINITION OF "FOREST" CONTAINED IN THE _ ERVATION ORDINANCE Ranking Factor Description Maximum Total Score Notes Points Adjacent to perennial or Perennial stream (10 pts.), 1 intermittent stream Intermittent (S pts.), iG 10 No stream (0 pts.) Connects forest "Islands" Forested corridor is at least 300' wide (10 2 creating forested corridors pts.), 200' wide (5 pts.), does not create ;0 0 corridor (0 pts.) Adjacent to critical habitat Adjacent to Class III Trout Waters with natural populations of trout (10 pts.), within 3 Class III watershed IS pts), wetlands (3 pts.), 10 0 No critical habitats (0 pts.) Contiguous forest cover Easement will increase forest to 100 acre block (5pts.), SO acres(3 pts.), will not adjoin 4 existing forest (0 pts.) 5 0 100 year floodplain Easement will cover 100% of 100 year 5 forested floodplain (5 pts.), 50% (3 pts.), 0% 5 0 (0 pts.) Site access Easily accessible , maintenance and long term 6 monitoring, (10 pts) 10 10 Site conditions, including Adequately stocked Forest of predominately control of non- native tree and shrub species of good health native/invasive plant species and vigor(10 pts.,) over or under stocked forest with no greater than 20% non- 7 native/invasive species and landowner has 10 1.0 demonstrated commitment to control (5 pts.), requires extensive invasive control (0 pts.) Total existing forest area > 5 acres (10 pts.), 2-5 acres (5 pts.), 8 < 2 acres (1 pt.) 10 10 Watershed location Located in Antietam or Conococheague watershed (10 pts.) 10 C Sensitive species Identified Sensitive species area Identified for site and no adverse effects from project (5pts.), no 9 sensitive species area Identified for site, 5 (Opts.) 0 TOTAL POINTS POSSIBLE 85 40 Real Property Data Search r 1,4 ' �F� 9 —1 ` Search Result for WASHINGTON COUNTY View Map View GroundRent Redemption View GroundRent Registration Tax Exempt: Special Tax Recapture: Exempt Class: AGRICIJ! T!JRAi TRAN!;FFR TAX Account Identifier: District - 15 Account Number - 003618 Owner Name: BEACHLEY GARY L & Use: AGRICULTURAL BEACHLEY BRENDA K Principal Residence: NO Mailing Address: 10 BEDROCK LN Deed Reference: /00907/ 00834 KEEDYSVILLE MD 21756-1304 Premises Address: SHANKTOWN RD Legal Description: 32.93 ACRES BIG POOL 21711-0000 E OF SHANKTOVVN ROAD FT FREDERICK MT VIEW EST Map: Grid: Parcel: Sub Subdivision: Section: Block: Lot: Assessment Plat 941 District: Year: No: 0045 0022 0173 0148 2 2018 Plat Ref: Special Tax Areas: Town: NONE Ad Valorem: Tax Class: Primary Structure Above Grade Living Finished Basement Property Land Area County Use Built Area Area 32.9300 AC Stories Basement Type Exterior Full/Half Bath Garage Last Major Renovation Base Value Value Phase -in Assessments As of As of As of 01 /01 /2018 07/01 /2018 07/01 /2019 Land: 6,100 6,100 Improvements 0 0 Total. 6,100 6,100 6,100 6,100 Preferential Land: 6.100 6,100 Seller: BARNES HARLAN H & PATRICIA L Date: 03/14/1989 Price: $65,000 Type: ARMS LENGTH IMPROVED Deed1: /00907/ 00834 Deed2: Seller: LONG JOHN E & JANE B Date: 07/08/1988 Price: $54,000 Type: ARMS LENGTH IMPROVED Deed1: /00882/ 00243 Deed2: Seller: MARCUS BYRON E Date: 05/07/1984 Price: $42,500 Type: ARMS LENGTH IMPROVED Deed1: /00762/ 00609 Deed2: Partial Exempt Assessments: Class 07/01/2018 07/01/2019 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Tax Exempt: Special Tax Recapture: Exempt Class: AGRICULTURAL TRANSFER TAX Homestead Application Status: No Application 3909 & 3913 Harpers Ferry Rd Sharpsburg, MD 21782 240-575-0454 Customer(s): Charles & Emily Gordon F2715/T2753 Approximate Acres: 5.3 Legal Description: MPV: 22-01-022393 (2.67ac), - 022407 (2.63 ac) Date: 7/10/2019 Field Office: WASHINGTON COUNTY SCD Agency: WCSCD/MDA Assisted By. Ginger Noble USDA 'All boundaries and item locations are approximate. N 150 0 150 iF Feet MARYLAND ZF462 DEPARTMENT OF Larry Hogan, Governor Boyd Rutherford, Lt. Governor NATURAL RESOURCES Jeannie HaddawayRiccio, Secretary Landonwer: Gordon Prepared by: Aaron Cook, Forester The potential easement area (map 80, parcel 384, lots 1&2, 2.67 & 2.63 acres in size, respectively) is located along a low relief just north of the mouth of Antietam Creek, and west of the Potomac River/ C&O Canal NHP. The potential easement area encompasses an undetermined acreage of both existing forest area and open fields on the property. The areas of forest occupy a short, cobbly, west facing slope. This thin soil and western aspect create dry conditions that support upland oaks and hickories site demands. The overstory trees are of small sawtimber and poletimber size class, and are adequately stocked. The understory and forest edges are composed of common old -field invaders, including red mulberry, black locust, eastern redbud, eastern redcedar, along with nonnative Ailanthus and autumn - olive. These non-native woody plants are being controlled, and control should continue in the future to prevent the spread of these plants. The area of open field is composed of a mixture of cool and warm season grasses, including noxious Johnsongrass. This open area occupies the highest elevations on the site and as such, aspect varies, with thin soils and areas of exposed limestone bedrock throughout. Limitations to afforestation are present given this exposed rock, but the surrounding areas have adequate soil profile to establish tree root growth. Trees suitable to this thin, droughty soil include black locust, persimmon, eastern redcedar, chinkapin oak, black oak, hackberry, and black cherry. Planted trees would require protection from deer browse, and the area would need to be prepared for planting in advance of this activity to control competing grass vegetation. Maryland Forest Service `11ND 14038 Blairs Valley Road • Clear Spring, MD 21722 301-791-4733 • www.dnr.maryland.gov 9 TTY users call via Maryland Relay WASHINGTON COUNTY FOREST CONSERVATION ORDINANCE PAYMENT IN LIEU PROGRAM PLANTING PROJECT RANKING CRITERIA PROJECT NAME CHARLES AND EMILY GORDON Ranking Factor Description Maximum TotalScore Notes Points Adjacent to perennial or Perennial stream (10 pts.), 1 intermittent stream Intermittent (5 pts.), 10 0 No stream (0 pts.) Connects forest "Islands" Forested corridor is at least 300' wide (5 2 creating forested corridors pts.), 200' wide (3 pts.), does not create 5 0 corridor (0 pts.) Adjacent to critical habitat Adjacent to Class III Trout Waters with natural populations of trout (10 pts.), 3 within Class III watershed (5 pts), 10 0 wetlands (3 pts.), No critical habitats (0 pts.) Contiguous forest cover Planting will increase forest to 100 acre block (5pts.), 50 acres(3 pts.), will not 4 adjoin existing forest (0 pts.) 5 5 100 year floodplain Planting will cover 100% of 100 year 5 unforested floodplain (5 pts.), 5 0 SO% (3 pts.), 0% (0 pts.) Site access Easily accessible for planting, 6 maintenance and long term monitoring, 10 10 (10 pts) Site preparation, including Site is free of invasives and requires Landowner is actively controlling control of invasive plant standard site preparation (10 pts.,) site invasive species. Site species requires minimal control of invasives and preparation will include spraying standard site preparation (5 pts.), of existing grass cover and 2 requires extensive invasives control and 10 3 establishment of conservation extensive site preparation (0 pts.) cover to control erosion. Soils are shallow and rocky and may present challenges for tree establishment Total afforestation area > S acres (10 pts.), 2-5 acres (5 pts.), 8 < 2 acres (1 pt.) 10 1 Watershed location Located in Antietam or 9 Conococheague watershed 10 (10 pts.) 10 Sensitive species Identified Sensitive species area Identified for site and no adverse effects from project i0 (5pts.), no sensitive species area 5 Identified for site, (Opts.) 5 TOTAL POINTS POSSIBLE 80 34 Real Property Data Search Search Result for WASHINGTON COUNTY View Map View GroundRent Redemption _ View GroundRent Re ig stration Tax Exempt: None Special Tax Recapture: None Exempt Class: None Account Identifier: District - 01 Account Number - 022393 Owner Name: GORDON CHARLES E & Use: RESIDENTIAL GORDON EMILY D Principal Residence: NO Mailing Address: 3913 HARPERS FERRY RD Deed Reference: i05096/ 00001 SHARPSBURG MD 21782-0000 Premises Address: 3909 HARPERS FERRY RD Legal Description: LOT 1 2.67 ACRES SHARPSBURG 21782-0000 3909 HARPERS FERRY ROAD Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 8109 0080 0021 0384 1010047.22 0000 1 2018 Plat Ref: Special Tax Areas: None Town: None Ad Valorem: None Tax Class: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 2.6700 AC 000000 Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements Base Value Value Phase -in Assessments As of As of As of 01 /01 /2018 07/01 /2019 07/01 /2020 Land: 71,700 71,700 Improvements 0 0 Total: 71,700 71.700 71,700 71,700 Preferential Land: 0 0 Seller: WILLARD MICHAEL W & Date: 11/02/2015 Price: $80,000 Type: ARMS LENGTH VACANT Deed1: !05096/ 00001 Deed2: Seller: WILLARD MICHAEL W & LISA M Date: 08/16/2011 Price: $0 Type: NON -ARMS LENGTH OTHER Deedl: /04133/ 00486 Deed2: Seller: EDELEN ROBERT L & ANNE B Date: 06/26/2006 Price: $249,800 Type: ARMS LENGTH MULTIPLE Deed1: /030381 00576 Deed2: Partial Exempt Assessments: Class 07/01/2019 07/01/2020 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 rax Exempt: None Special Tax Recapture: None Exempt Class: None Homestead Application Status: No Application Real property Data Search Search Result for WASHINGTON COUNT View Map View GroundRent Redemption View GroundRent Registration Tax Exempt: None Special Tax Recapture: None Exempt Class: None Account Identifier: District - 01 Account Number - 022407 Owner Name: GORDON CHARLES E & Use: RESIDENTIAL GORDON EMILIY D Principal Residence: YES Mailing Address: 3913 HARPERS FERRY RD Deed Reference: /05098/ 00287 SHARPSBURG MD 21782-0000 Premises Address: 3913 HARPERS FERRY RD Legal Description: LOT 2 2.63 ACRES SHARPSBURG 21782-0000 3913 HARPERS FERRY ROAD Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 9369 0080 0021 0384 1010047.22 0000 2 2018 Plat Ref: Special Tax Areas: None Town: None Ad Valorem: None Tax Class: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 2008 2,016 SF 2.6300 AC 000000 Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements 2 YES STANDARD UNIT SIDING/ 4 3 full 1 Attached Base Value Value Phase -in Assessments As of As of As of 01 /01 /2018 07/01 /2019 07/01 /2020 Land: 81,300 81,300 Improvements 124,500 211,400 Total: 205,800 292,700 263,733 292,700 Preferential Land: 0 0 Seller: WILLARD MICHAEL W & Date: 11/04/2015 Price: $0 Type: NON -ARMS LENGTH OTHER Deedl: 105098/ 00287 Deed2: Seller: WILLARD MICHAEL W & Date: 04/24/2015 Price: $290,000 Type: ARMS LENGTH IMPROVED Deedl: /04952/ 00235 Deed2: Seller: WILLARD MICHAEL W & LISA M Date: 08/16/2011 Price: $0 Type: NON -ARMS LENGTH OTHER Deedl: /04133/ 00486 Deed2: Partial Exempt Assessments: Class 07/01/2019 07/01/2020 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Tax Exempt: None Special Tax Recapture: iJjne Exempt Class: None Homestead Application Status: Approved 09/19/2017 Open Session Item SUBJECT: PUBLIC HEARING: Application for Zoning Map Amendment RZ-19-004 PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning RECOMMENDED MOTION: The purpose of this public hearing is to take public comment on the rezoning application. The Commissioners have the option to take action to either approve or deny the request after the public hearing closes or deliberate on the issue at a later date. REPORT-IN-BRIEF: Application is being made to apply a Rural Business Floating zone to 2.86 acres of land located on the southside of Breathedsville Road. According to the applicant’s justification statement, the purpose of requesting an RB floating zone on this property is to establish a business office and equipment storage building for an existing excavation and construction business. The current property owner, Mr. Keplinger, currently has as an existing business located on the Sharpsburg Pike and would like to relocate the business to this new location. DISCUSSION: The Rural Business zoning district has been established as a “floating zone” within the County Zoning Ordinance. This designation provides more flexibility than that of tradition Euclidean zoning. As such, applicants seeking to apply the Rural Business Floating Zone are not required to comply with the change or mistake rule. Although the change or mistake rule is not applicable, the Planning Commission and the Board of County Commissioners are required in their deliberations to establish express findings that at a minimum consider the purpose of the proposed Rural Business zoning classification, the applicable policies of the Comprehensive Plan and the Zoning Ordinance, and the compatibility of the proposed RB district with neighboring properties. This item was presented to the Washington County Planning Commission at a Public Information Meeting held during their regular meeting on September 9, 2019. It was then brought back for recommendation at the October 7, 2019 meeting, where the members unanimously recommended approval of the proposed map amendment. FISCAL IMPACT: N/A CONCURRENCES: Washington County Planning Commission ALTERNATIVES: N/A ATTACHMENTS: Application, staff report, approved Planning Commission minutes, Planning Commission recommendation and written public comments AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Ashington bounty FOR PLANNING COMMISSION USE ONLY M =-... ..:. Rezoning No.__� r Date Filed: r% Z —(C.� UVASHING'I'ON COUNTY PLANNING COMMISSION RECEIVED ZONING ORDINANCE MAP AMEN DMENTAPPLICATION S JINGTON COUNTYPit❑ raperty Owrler ❑Contra <tA�i�] bEPARTMEN"r Applicant r.�Attorney ❑Consultant ❑Other: IG (u t P (' ' RIK 41ty 717go t Address Primary Contact Plione Number e;2..vzx-s i 7_(G01 CCU' ZCZ a3i& zt<<�eR-Lc - CCm - Address 6&G61Zs Q,,09 2tIL{-t_. C-mail Address Property Location: 1 NZ,-- Tax Map: i Grid: OC� Parcel No.: -3 Acreage. '19Z Current Zoning: ����..., _ Requested Zoning; Reason for the Request: ❑ Change in the character of the neighborhood ❑ Mistake in original zoning PLEASE NO E' A Justification Statc-etit is required for elther reason, Subscribed and sworn before me this 15* —day of My commission expires on r Application Form V6 Fee Worksheet / ApplicantK Signatu� o`"N."..,""Q �� cP D. 20_9 = `T G�Af� , O =�' G Notary Public: .J ''%LG Tnnt FOR PLANNING COMMISSION USE ONLY F� Application Fee 1VOwnersh'ip Verification 0 Boundary Plat (Including Metes Names and Addresses of all Adjoining & Confronting Property Owners u Vicinity Map d Justification Statement ❑ 30 copies of complete Application. & Bounds) Package OWNERSHIP VERIFICATION o3/0612019 SDAT: Real Property Search Real Property Data Sear(,A-i ( wl) Search Result for WASHINGTON COUNTY View Map View GroundRent Redemption View GroundRent Registration _ _. ---- --- ....._.. - ....:_ .-_,. r::..._.. _....... - — - ....... ....... ._ .. .._. ..... Tax Exempt. Special Tax Recapture; Exempt Class: NONE Account Identifier: District -12 Account Number - 013027 Owner information Owner Name: JPK PROPERTIES LLC Use: RESIDENTIAL Principal Residence: NO Mailing Address: 10218 SHARPSBURG PIKE Deed Reference: /05875/ 00089 HAGERSTOWN MD 21740-0000 Location & Structure Informalion Premises Address: 18423 BREATHEDSVILLE RD Legal Description: BOONSBORO 21713-0000 - —------- _....___ Map: Grid: Parcel: Sub Subdivision: Section: Block. Lot: District: 0067 0004 0363 0000 Special Tax Areas: Primary Structure Built Above Grade Living Area Stories Basement Type Exterior 4 Town: Ad Valorem: Tax Class: Finished Basement Area Full[Half Bath Garage Value Information LOT 4 2,86 ACRES 18423 BREATHEDSVILLE ROAD Assessment Plat 10889 Year: No: 2018 Plat 1161/ Ref: 0442 NONE Property Land Area County Use 2.8600 AC 000000 Last Major Renovation Base Value Value Phase -in Assessments As of As of As of 01/01/2018 07/01/2018 07/01/2019 Land: 51,100 59,800 Improvements 46,300 46,300 Total: 97,400 106,100 92,400 103,200 Preferential Land: 0 0 Transfer Information Seller: STILES VADA W Date: 11/21/2018 Price: $20,000 Type: NON -ARMS LENGTH OTHER Deedl: /05875/ 00089 Deed2: Seller: STILES G NATHAN & VADA W Date. 06/1912015 Price: $62,500 Type: ARMS LENGTH MULTIPLE Deedl: /04969/ 00033 Deed2: Seller: STILES G NATHAN _---------- Date: 06/03/1994 _ __ _ _ _. _._._ _ __.._ ___ ..... Price: $0 Type: NON -ARMS LENGTH OTHER Deedl: /01161/00442 Deed2: Exemption Information Partial Exempt Assessments: Class 07/01/2018 07/01/2019 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 ----- _.._ _ Tax Exempt. Special Tax Recapture: Exempt Class: NONE Homestead Application Information Homestead Application Status: No Application _..... .. Homeowners' Tax Credit Application Information Homeowners' Tax Credit Application Status: No Application Date: sdat.dat.maryland.gov/RealProperty/Pages/viewdetails.aspx?County=22&SearchType=ACCT&District=l2&AccountNumber=013027 1/2 4969 0433- LU C3 0 ,! ERK OF THE CI11CU1T COUR'l WASliINGTON COUNTY Lincoln Title & Settlement Services 13424 Pennsylvania Avenue, Suite 302 Hagerstown, NM 21742 File No. LT15-0755EB Tax M Nos. 12-013019 & 12-013027 DO NOT PUBLISH lgbiO 3300, made this 14th day of May, 2015, by and between Vada W. Stiles, GRANTOR, and JPK Properties, LLC, a Maryland limited liability company, GRANTEE. — Vitumetb — Tbat in COMUer4160n of the sum of Sixty -Two Thousand Five Hundred and 00/100 Dollars ($62,500.00), which includes the amount of any .outstanding Mortgage or Deed of Trust, if any, the receipt of which is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, in fee simple, all that lot of ground situate in the County of Washington, State of Maryland and described as follows, that is to say: Lot 3: All that lot, piece or parcel of land, known as Lot 3, containing 1.21 acres, more or less, as more specifically shown and described on the Preliminary/Final Plat of Subdivision Lots 3 & 4 G Nathan Stiles, attached to and recorded with the Deed to G. Nathan Stiles and Vada W. Stiles Together with Parcel A, containing 0.07 acres, more or less, as more specifically shown and described on that Simplified Plat of Subdivision of Parcel A and Parcel B for G. Nathan Stiles Subdivision, recorded among the Plat Records of Washington County in Plat No. 10451 (the "Plat"), which Parcel A is to be added to Lot 3 and the property line to be vacated as shown on the Plat. Lot 4: All that lot, piece or parcel of land, known as Lot 4, containing 1.89 acres, more or less, as more specifically shown and described on the Preliminary/Final Plat of Subdivision Lots 3 & 4 G Nathan Stiles, attached to and recorded with the Deed to G. Nathan Stiles and Vada W. Stiles Together with Parcel B, containing 0.18 acres, more or less, as more specifically shown and described on that Simplified Plat of Subdivision of Parcel A and Parcel B for G. Nathan Stiles Subdivision, recorded among the Plat Records of Washington County in Plat No. 10451 (the "Plat"), which Parcel B is to be added to Lot 4 and the property line to be vacated as shown on the Plat. BEING the same property conveyed to G. Nathan Stiles and Vada W. Stiles by Deed from G. Nathan Stiles and Vada W. Stiles, dated June 3, 1994 and recorded among the Land Records of Washington County, Maryland in Liber 1161, Folio 442; and a portion of the same property conveyed unto G. Nathan Stiles and Vada W. Stiles by Deed from Louise S. Miller, dated October 31, 1962 and recorded in Liber 400, Folio 344; G. Nathan Stiles having died on February 11, 2008, leaving Vada W. Stiles has surviving -tenant. 4969 0434 CLERK OF THr CIRCUIT COUiZI WASHINGTON COUNTY TOget%er Witb the buildings and improvements thereon erected, made or being; and all and every, the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging, or 6 in anywise appertaining. C7 Rf co Oubject t0 all of the conditions, restrictions, streets, reservations, easements, covenants and rights -of -way of record. C Ci. n TO'abe 40'90'Ofb the said tract of ground and premises above described and mentioned, and hereby intended to be conveyed, together with the rights, privileges, appurtenances and t; advantages thereto belonging or appertaining unto and to the proper use and benefit of the said JPK Properties, LLC, a Maryland limited liability company, in fee simple. O1tb the Grantor hereby covenants that she has not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that she will warrant Specially the property hereby granted; and that she will execute such further assurances of the same as may be requisite. In V itneoo Vbereof, Grantor has caused this Deed to be properly executed and sealed the day and first above written. lL Gv- (SEAL) ada W. Stiles STATE OF MARYLAND ss COUNTY OF WASHINGTON I hereby certify that on this 14th day of May, 2015, before me, the subscriber, a Notary Public of the State and County aforesaid, personally appeared Vada W. Stiles, the Grantor herein, known to me (or satisfactorily proven) to be the person whose name are subscribed to the within instrument, and acknowledged the same for the purposes therein contained, and further acknowledged the foregoing Deed to be her act, and in my presence signed and sealed the same, giving oath under penalties of perjury that the consideration recited herein is correct. IN WITNESS WHEREOF, I hereunto set my hand and c �*w L•< ELIZABETH FZ. BRYAN } F Notary Public Notary State of Maryland Washington County . My Col W oommisslan exp. Febnrary 16, 2018 ion Expires: February 16, 2018 TODD L. HEfl HEY, TREASURER TAXES PAID - abk5 4969 0435 CLERK OF THE CIRCUIT COURT tNASWNG T ON COUNTY THIS IS TO CERTIFY that the within Deed was prepared by, or under the supervision of the undersigned, an Attorney duly admitted to practice before the Court f Appeals of Maryland. KA N.-Oliver, Attorney AFTER RECORDING, PLEASE RETURN TO: JPK Properties, LLC 10218 Sharpsburg Pike Hagerstown, MD 21740 AGRICUL7 TAX$ Q ACREAGE CLERK —SEj]]L RECEIVED FOR TRANSFER State Department of Assessments & Taxatton Af Wash' g Co my Sy pate 4969 0436 MARYLAND Certification of Exemption from Withholding Upon 2015 FORM Disposition of Maryland Real Estate Affidavit of X ERK OF THE CIRCUIT COURT WH-AR Residence or principal Residence WAS14INGTON COUNTY Based on the certification below, Transferor claims exemption from the tax withholding requirements of §10-912 of the Tax - General Article, Annotated Code of Maryland. Section 10-912 provides that certain tax payments must be withheld and paid when a deed or other instrument that effects a change i. Transferor Information Name of Transferor Vada W. Stiles 2. Reasons for Exemption In ownership of real property is presented for recordation. The requirements of §10-912 do not apply when a transferor provides a certification of Maryland residence or certification that the transferred property is the transferor's principal residence. Resident Status 1, Transferor, am a resident of the State of Maryland. ❑Transferor is a resident entity as defined in Code of Maryland Regulations (COMAR)03.04.12.02B(11), I am an agent of Transferor, and I have authority to sign this document on Transferor's behalf. Principal Residence ❑ Although I am no longer a resident of the State of Maryland, the Property is my principal residence as defined in IRC 121 and is currently recorded as such with the State Department of Assessments and Taxation. Under penalty of perjury, I certify that I have examined this declaration and that, to the best of my knowledge, it is true, correct, and complete. 3a..Individ Tr sf ors Vada W. Stiles Witness Name tgnature 3b. Entity Transferors Witness/Attest Name of Entity By Name Title S File No. LT15-0755ES Re: Lots 3 & 4 8reathedsville Road, Boons boro, MD 21713 15-49 4969 0437 Lb 70 i Q r= a O U 70 C_ I-� h C� 0 z 0 z 0 r U z T_ "LERK OF THE CIRCUIT COURI MASW NGTON COUNTY a This page not to be counted in calculating Recording Fee For Clerks Use Only Improvement Fee $40.00 Recording Fee $20.00 County Transfer Tax -`— Recordation Tax �7-T State Transfer Tax �l -b--b Non -Resident Tax TOTAL Clerk of Circuit Court Washington County, Maryland Dennis J. Weaver, Clerk 24 Summit Avenue Hagerstown, MD 21740 301-790-7991 LR - Deed (w Taxes) Recording Fee - ALL 20.00 Grantor -/Grantee Name: stiles Reference/Control : LR - County Transfer Tax - linked 0.00 LR - Surcharge - linked 40.02 LR -- Recordation Tax - linked 475.00 Lk - State Transfer Tax - linked 312.SO LR - Non -Resident Tax - linked 0.00 SubTotal: 847-50 Total: 910.00 05/19/2015 11:13 CC21-SB #4267726 CC0403 - hlashi not on County/CC04.03.03 - Reoisterr 93 CC -Overpayment by Check 62.50 Reason: prewritten check Case Number: Total: 910.00 051191201E 11:13 CC21-SB #4267728 CC0403 - Washinoton Countyl CCOA . 03. 03 - Reoister 03 State of Maryland band Instrument l 4969 0438 a N [YS 0 a c i u� 0 �t in N G c ro ro C1 N rn is U QI 07 q ar d- 0 6 m cr N. v U 4 4L' a c ro J h O U F- U U O U Z O h- (9 Z S < OlstrrL,Riwc O C"*YON- O Sry{r AOC-CCC0a7j C1 �arkaaaca El �� LT15-0755EB O Baltimore City %] County: Washington Irtfwnrntlonprovldedirfortiter!seoflheClrrksOJfcr,SlydeDeybe�tiR�r HECIZCUIIiCOUi(1 �1 AssessnregtsartdTai<atlon,andCourrryririaeca0/frceDuly. WAS GTOHCaUHTY (Typo or Print In Black Ink Only -All Copies Must Be Legible) � '1 Type(s) ([I Check Box iCaddendum Intake Form is Attached.) of Instruments 1 Deed Mortgage 011tet Other Deed ofTnut Txese 2 Conveyance Type Improved Sele X Unimproved Salo Multiple Accounts Nat an Arms- CheckBOX Anns•Longth(/j Arms•Length(1] Arms-Length[J] L.engthSale J9j A 3 Tax ExemptlOna Recordation (if applicable) State Transfer Cite or Explain Authority County Trotutcr N 4 Conalderollon Amaunl Finance Office Use Only Tranaferand Recordation Tax Consideration Prircltaso PricetCansidaralion S 62,500.00 Any Now Mortgage $ Tax Consideration S Consideration Balance of Existing Mortgage $ )% - S and lax Ca1CUlatI00S Other: $ IS Exemption Amount - S nnsferTax - S Other. S tion Tax Consideration S r $500 S Pull Cash Value: S DUE S 5 Amount of Pees Doc 1 Doc 2 Agent: Recording Charge S 20.00 FBBB Surcharge $ 40.00 S Tax Bill: State, Recordation Tax $ 475.00 S SWtoTransfarTax S 312.50 S C.B.Gedil: CoumyTrarafer"1'ax - $ 62,50 S Other S S Ag. ToxrOlher: Other � S S 6 Dtstrtct Property Tax ID No. (]) Cronlor Llber/Poao Map Parcel No. Var, LOG Description of Properly 12 013019 & 12-013027 11611442 aosr 0363 ❑(s) Subdivision Name Let (3a) Block (3b) SeeUAN (3e) plat kef. SDA7 requires submission of all information. 3 & 4 10451 Acres LacailarUaaa rasa of Property Bebtg Convoyed (2) applicable A maximum of 40 will be Breathedsville Road, Bgonsboro, MD 21713 Other Property Identifiers (1f nppllcable) Water Meter Account No. characters Indexed in accordance with the cited in Residential or Nou•Reatdentlal)] Pee Simple©or Ground Rent[] Amount: priority Real Property Article Section 3-104(g)(3)(1). Partial Conveyance) ❑Yee [XNo DesedptionlAmt. ofSgFUAcrcago Transferred: If Partial Conveyance, List Improvements Conveyed: 7 Doc 1-Cronior(a) Name(s) Doc. Z-Crontot(a)Name(s) Transferred From Vada W. Stiles Doc. 1-Owner's) of Record, if Different f BOOK: 5875 PAGE: 89 Lincoln Title & Settlement Services 19638 Leitersburg Pike, Suite 202 Hagerstown, MD 21742 File No. LTI8-1160EB Tax ID No. 12-007388 (Part) Tb15g _CO, made this 15th day of November, 2018, by and between Vada W. Stiles, GRANTOR, and JPK Properties, LLC, a Maryland limited liability company, GRANTEE. — vitnemyetb — That to conoiberation of the sum of Twenty Thousand and 00/100 Dollars ($20,000.00), which includes the amount of any outstanding Mortgage or Deed of Trust, if any, the receipt of which is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, in fee simple, all that lot of ground situate in the County of Washington, State of Maryland and described as follows, that is to say: co Parcel "C", containing 0.79 acres, more or less, as more specifically shown and described on that 00 Simplified Plat of Subdivision of Parcel C for JPK Properties, LLC, recorded among the Plat Records of uj Washington County in Plat No. 10889. i U) Being a portion of the same property conveyed unto G. Nathan Stiles and Vada M. Stiles by Deed 7 from Louise S. Miller, dated October 31, 1963 and recorded among the Land Records of Washington o County, Maryland in Liber 400, Folio 344; G. Nathan Stiles having died on February 11, 2008, leaving o Vada W. Stiles surviving tenant. It is the intent and desire of the Grantee to add Parcel "C" to existing lands conveyed unto the Grantee by Deed from Vada W. Stiles dated May 14, 2015 and recorded among the Land Records of Washington County, Maryland at Liber 4969, folio 433, and to vacate the lots lines between the existing lands and Parcel "C" as shown on Plat No. 10889. SDgdbCr bJitb the buildings and improvements thereon erected, made or being; and all and every, the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging, or in anywise appertaining. QMUbjett tD all of the conditions, restrictions, streets, reservations, easements, covenants and rights -of -way of record. TD'abe anb S0 '01b the said tract of ground and premises above described and mentioned, and hereby intended to be conveyed, together with the rights, privileges, appurtenances and advantages thereto belonging or appertaining unto and to the proper use and benefit of the said JPK Properties, LLC, a Maryland limited liability company, in fee simple. - 551 BOOK: 5875 PAGE: 90 co UJ U� d U) o' 0 CD 20 the Grantor hereby covenants that she has not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that she will warrant specially the property hereby granted; and that she will execute such further assurances of the same as may be requisite. %n V[tttEog; Vbereof, Grantor has caused this Deed to be properly executed and sealed the day and year first above written. (SEAL) V a W. Stiles STATE OF MARYLAND I ss COUNTY OF WASHINGTON I hereby certify that'on this 15th day of November, 2018, before me, the subscriber, a Notary Public of the State and County aforesaid, personally appeared Vada W. Stiles, the Grantor herein, known to me (or satisfactorily proven) to be the person whose name are subscribed to the within instrument, and acknowledged the same for the purposes therein contained, and further acknowledged the foregoing Deed to be her act, and in my presence signed and sealed the same, giving oath under penalties of perjury that the consideration recited herein is correct. IN WITNESS WHEREOF, I hereunto set my hand and official seal. EUZABETH FZ. BRYAN . Notary Public State of Maryland 1A�ila�mm3Gourt+j t�r��A�ltOtrtyli��C�.1 Q4 Notary Publi My Commission Expires: February 16, 2022 THIS IS TO CERTIFY that the within Deed was prepared by, or under the supervision of the undersigned, an Attorney duly admitted to practice before the Court of ppeals of Maryland. Kent N. ' er, Attorney AFTER RECORDING, PLEASE RETURN TO: 3PK Properties, LLC 10218 Sharpsburg Pike Hagerstown, MED 21740 AGRICULTURETAx$ J, G/DD ACREAGE,_, CLERK i RECEIVED FOR TRANSFER Scale Department of Assessments & Taxalion ,for Wash' gton County By Date TODD L. HERSHEY, TREASURER TAXES PA in BOOK: 5875 PAGE: 91 MARYLAND Certification of Exemption from Withholding Upon 2018 FORM Disposition of Maryland Real Estate Affidavit of WH-,AR Residence or Principal Residence Based on the certification below, Transferor claims exemption in ownership of real property is presented for recordation. The from the tax withholding requirements of §10-912 of the Tax- requirements of §10-912 do not apply when a transferor provides General Article, Annotated Code of Maryland. Section 10-912 a certification of Maryland residence or certification that the provides that certain tax payments must be withheld and transferred property is the transferor's principal residence. paid when a deed or other instrument that effects a change 1. Transferor Information Name of Transferor Vada W. Stiles 2. Reasons for Exemption Resident Status As of the date this form is signed, I, Transferor, am a resident of the State of Maryland. Transferor is a resident entity as defined in Code of Maryland Regulations (COMAR)03.04.12.02B(11), I am an agent of Transferor, and I have authority to sign this document on Transferor's behalf. Principal Residence Although I am no longer a resident of the State of Maryland, the Property is my principal residence as defined in IRC 121 (principal residence for 2 (two) of the last 5 (five) years) and is currently recorded as such with the State Department of Assessments and Taxation. Under penalty of perjury, I certify that I have examined this declaration and that, to the best of my knowledge, it is true, correct, and complete. 3a. Individual Transferors Witness 3b. Entity Transferors Witness/Attest Vada W. Stiles Name "'Date Ignature Name of Entity By Name **Date Title ** Form must be dated to be valid. Note: Form Is only valid If recordation occurs within 60 days of execution of this form, File No. LT16-1160EB Re: Boonsboro, MD 21713 18-49 BOOK: 5875 PAGE: 92 LR - Deed (w Taxes) Recordino Fee - kLL 20.00 Name: Stiles Ref: I.R - County Transfer Tax - linked 4:.00 LR - Surcharoe - linked 40.00 LR - Recordation Tax - linked 152.00 LR - State Transfer Tax - linked 100.00 LR - NR Tax - )kd 0.00 SubTotal : 312.20 Total: 312.00 11/21/2010 12.17 CC21-RZ #1130 638 CC0403 - Was hin9tDr! County/CC04.03.03 - Reoister 03 This page not to be counted in calculating Recording Fee . Clerk of Circuit Court Washington County, Maryland Kevin R. Tucker, Acting Cleric 24 Summit Avenue Hagerstown, MD 21740 301-790-7991 For Clerks Use Only Improvement Fee 40.00 Recording Fee 20.00 County Transfer Tax Recordation Tax State Transfer Tax lm.00 Non -Resident Tax TOTAL �e--2-) A ./.'. UA,,!1 State of Maryland, BOOK: 5875 FALL: 93 -- A r 0 Baltimore City ZI County: Washington h formation provided is for lire rose of the Clerk's Ogee, Slate Depath)lent of Assessi nears and Taxation, and Connty Finance Office Onty, (Type or Print in Black Ink Only —All Copies Must Be Legible) s 44 j Q X I u gRab 4 Type(s) of instruments (Q Check Dox if addendum Intake Form is Attached.) 1 Deed Deed of Trust Mortgage Lease Other Other 2 Conveyance Type Check Sox improved Sale Arms -Length [1] X Unimproved Sale Arms -Length (21 Multiple Accounts Arms -Length [31 rm Not an As - 1 Langfh Sale[91 _jj Tax Exemptions (if applicable) Cile, or Explain Authority Recordation StaleTtansfer CountyTranster 4 Consideration Amount Finnncc OMCC Use Only Transfer and Recordation Tax Consideration Purchase Price/Consideration $ 20,000.00 Consideration and Tax Calculations Any New Mortgage S Transfer Tax Consideration $ Balance of Existing Mortgage S X )% = s Other: $ Less Exemption Amount - S Total Transfer Tax S Other: $ Recordation TexConsideration� S X erS500 S Full Cash Value: S TOTAL DUE S 5 Amount of Fees Doe. 1 Dog 2 Agent: Recording Charge S 20.00 $ Surcharge S 40.00 S Tax Bill: v Fees State Recordation Tax $ 152-00 S State Transfer Tax $ 100.00 $ C.B. Credit: $ County Transfer Tax S Other S S Ag. Tax/Otiwr. Other S $ 6 District PropertyTax rD Na. (1) Grantor Liber/Folio Map Parcel No. Var. LOG c Description of 12 007388 (Part) 1161/442 0067 0032 Q (S) xi Property SDAT requires submission of all Subdivision Name Lot(Ja) Block(3b) Sect/AR(3c) PtatRef. I SgFnAcreage(4) Parcel C 10889 0.79 Locaflon/Address of Properly Being Conveyed (2) 55 applicable information. A maximum of 40 characters will be n Indexed In accordance cv with the cited In Breathadsviiie Road, Boonsboro, MD 21713 Other Property Idennners (irnppacable) Wafer Meter Account No. Residerrifal(]orNon-Rafdentid� FeeSimpla[Z or Ground Rent[] Amount: priority m Real Property Article Partial Conv nnee? Yea No I Description/Arrrt. of SgFUAcreage'fransferved: a3 Section 3.104(g)(3)(1). m If Partial Conveyance, List Improvements Conveyed: 7 Doc 1-Cranlor(s) Name(s) Doe, 2-Crantor(s) Nome(s) n Transferred From Vada W. Stiles p JJ J Doc. 1-Osvncr(s)ofRccord,IrDilfcrcntfront Crnnlor(s) Der- 2-lhvncr(s)oFRccord,tfDiRcrentfrom Cronlor(s) 8 Doc. I -Grantee(s) Name(s) Doc. 2 - Granlee(s) Name($) JPK Properties, LLC z » Transferred To New Owner's (Grantee) Mowing Address 10218 Sharpsburg Pike Hagerstown, MD 21740 9 Doc. I -Additional Names to be Indexed (Optional) Doc 2- Additional Names to be Indexed (Optional) ri b n Other Names to Be Indexed �Loj ContactlMail Information Instrument Submitted By or Contact Person ❑ Return to Contact Person D Hold for Pickup Return Address Provided Name: Elizabeth Bryan a o Firm Lincoln Title R Settlement Services Address: 19638 Lellersburg Pike, Suite 202, Hagerstown, MD 21742 Phone: (240) 613.4380 a roYes _ Y J c 11 Dt1PORTANT: BOTHTHE ORIGINAL DEEDArVA A PHOTCOPY M11ST ACCOMPANY EACH TRANSFER Assessment Information No Will the properly being conveyed be the grantee's principal residence? Yes No Does transfer include personal property? Ifyes,idenW. Yes No Was property surveyed? If yes, attach copy of survey (if recorded, no copy required). Assessment Use Only - Do Not Write Below This Line 0 Terminal Verification A ricultural Verification Whole Part Tran. Process Verification Transfer Number Dale Received: Deed Reference: Assi ned property No.: Year 20 20 Geo. Ma Sub Bloch c land zonln Grid Ptat Lot D D 7 � E $ Z � a Buildings Usa Parcel Sect Ion Occ. Cd, Total I Town Cd. I Ex. St. REMARKS: L � aO&WIar: 0 Caries Cako 0 SDAT AOCCCSW (WWQ7) 00000o/p6mrrca 0 Heparw LT15-0755EB BOUNDARY PLAT � \b YYYY Y// ! t g / � ram/ `�r�V�.•���� r 'ao U s . 9 Got B Oo a a aa. E c sN VN (q a � N O a O U� a <g S� h 3Yi0HAtl + ��p� V) 9 sweounes x l7 >L w o m Ilk r1 21 31'1 A 5 6 AI 'RiOYIOMrKr,Ps'vaursor%pa�i,:•An �I�'4Y. )!N !-<.; r.Fs-t�sN •3014fl P:hj M'O'r,lda1nrfaja nIrr;1W) ja00aruu1.,vM ADJACENT AND ADJOINING PROPERTIES To 18423 Breathedsville Road, Boonsboro, MD 21713 Information derived from SDAT property information 1) Map: 0067; Parcel: 0363 Record Owner: JPK Properties, LLC (Applicant) Premises Address: 0 Breathedsville Road, Boonsboro, MD 21713 Mailing Address: 10218 Sharpsburg Pike, Hagerstown, MD 21740 2) Map: 0067; Parcel 0032 Record Owner: Nathan and Vada Stiles Premises Address: 18415 Breathedsville Road, Boonsboro, MD 21713 Mailing Address: 18208 Wisteria Way, Hagerstown, MD 21740 3) Map: 0067; Parcel 0121 Record Owner: David Cauffman Premises Address: 18420 Breathedsville Road, Boonsboro, MD 21713 Mailing Address: Same as Premises 4) Map: 0067; Parcel: 0033 Record Owner: Donald and Lisa Remsburg Premises Address: 18424 Breathedsville Road, Boonsboro, MD 21713 Mailing Address: Same as Premises VICINITY MAP ZONING OF SURROUNDING PROPERTIES THE LAW OFFICE OF ZACHARY J. KIEFFER LLC July 3, 2019 Re: Justification Statement. 18423 Breathedsville Road, Boonsboro, MD 21713 (tire "Property'); Rural Business (RB) District Application REQUEST Application is made by JPK Properties, LLC (the "Applicant") for a Map Amendment to the current Washington County Zoning Map amending the Property (Tax Map 0067, Parcel 0363) with the RB District "floating zone". The RB District overlay will allow Jared Keplinger, owner/member of the Applicant to establish an office for his excavating business, Keplinger's Excavating, Inc. ("Keplinger's"), with an accessory storage building for excavating and farm equipment, as a permitted use in the RB District as indicated in Article 3, Table 3.3(1) of the Washington County Zoning Ordinance (the "Ordinance"). BACKGROUND The Property is located at 18423 Breathedsville Road, Boonsboro, Maryland 21713. It was conveyed to the Applicant by virtue of two deeds, the first, dated May 14, 2015 and recorded among the Land Records of Washington County, Maryland at Liber 4969, folio 0433 and the second, dated November 15, 2018 and recorded at Liber 5875, folio 0089. The Property is more particularly shown on the Simplified Plat of Subdivision of Parcel C for JPK Properties, LLC, recorded at Plat No. 10889, among the Plat Records of Washington County, Maryland. The Property is zoned A(R) Agricultural Rural. Improvements to the Property consist of an existing building used by the Applicant for storage, which is intended to become the principal office of Keplinger's. A gravel driveway is also situated on the Property. JUSTIFICATION The purpose of the RB District is "...to permit the continuation and development of businesses that support the agricultural industry and farming community, serve the needs of the rural residential population, provide for recreation and tourism opportunities and to establish locations for businesses and facilities not otherwise permitted in the rural areas of the County." (Ordinance, Article 5E-"RB" Rural Business District) Overlaying the RB District on the Property and permitting the proposed use, as shown on the "Rezoning Exhibit of Parcel 363 for JPK Properties, LLC" created by Frederick Seibert & Associates, Inc., dated June 24, 2019, and 19405 Emerald Square, Suite 2100 Office 202, Hagerstown, MD 21742 E=1 Office: 240-513A332 Email: zacl�(cr�,zkiefferlaw.com www.zkiefferlaw.com attached hereto and incorporated herein as "Exhibit A", will allow the establishment of a business office and a permitted accessory equipment storage building (the `Buildings") that would serve as the office for Keplinger's and off-season storage for its excavation and construction equipment as well as Mr. Keplinger's farm equipment. Without the RB District, the office building and contemplated use would otherwise be prohibited on a parcel zoned Agricultural Rural, and located in a rural area of the County such as along Breathedsville Road. The proposed Map Amendment sought by the Applicant satisfies the Bulk Regulations required by the Ordinance for an RB District overlay as more specifically shown on Exhibit A: a. Lot Size: Minimum 40,000 sf — the Property contains +/- 2.86 acres or +/- 124,581.6 sf. b. Front Yard Building Setback: 40 feet from a Minor Collector or Local Public Road Right of Way or 50 feet from a Major Collector or Arterial Public Road Right of Way- shown on Exhibit A. c. Side and Rear Yard Building Setbacks: 50 feet from a property zoned for or occupied by a Residential Land Use; 25 feet from a property zoned for or occupied by a Non -Residential Land Use -as shown on Exhibit A. d. Height: No proposed or existing structure is or shall be greater than 35 feet. e. Lot Coverage: Maximum 65%. The footprint of the Buildings is less than 65% of the area of the Property. f. Parking: As shown on Exhibit A, off-street parking facilities shall be provided in accordance with Article 22, Division I of the Ordinance. g. Signage: Though no signage is proposed at this time, any subsequent signage shall conform to the requirements set forth in Section 22.23 of the Ordinance. h. Lighting: Any and all building mounted or freestanding lighting shall be constructed so that light and glare are directed toward the ground. i. As shown on Exhibit A, outside storage of materials is not contemplated. Future outside storage, if intended, will be part of the final site plan submission. j. Screening: Trash, refuse or recycling receptacles shall be screened from public view. The Property is currently screened from the closest residential use by an existing row of mature trees, which will not be removed, reduced or otherwise affected by Applicant's proposed use of the Property. 2. The proposed RB District is not within any designated growth area identified in the Washington County Comprehensive Plan. 3. The existing driveway on the Property will remain the ingress/egress point to access Breathedsville Road. Breathedsville Road is a county road in a rural area and given the limited number of trips throughout the year, it is safe and usable for the Applicant's contemplated use. Any improvements to the existing drive will be done in accordance with all applicable statutes, rules and regulations. 4. A septic area for the Property was platted on Plat No. 10889 and also shown on Exhibit A. Further, the Applicant will not connect the accessory building to water and sewer/septic. Any change in the Applicant's plans will be addressed as part of 2 Applicant's final site plan submission. The Property is not in the 100-year flood plain. 5. The location of the proposed RB District would comport with existing land uses. The Property is bordered on three sides by farmland owned by Vada Stiles. The remaining property line is shared with certain real property owned by the Applicant. The southern portion of the Property is actively farmed by Mr. Keplinger. The use on the Property will resemble, in many ways, the agricultural uses of the adjacent properties. Keplinger's currently stores equipment at 10218 Sharpsburg Pike. As development continues along Sharpsburg Pike, Mr. Keplinger has decided now is the time to relocate his business and equipment to the Property. The Property will provide a quieter, less traveled setting for the business, away from retail commercial uses existing and under construction at that portion of Sharpsburg Pike. Relocating Keplinger's to the Property will not burden the community with an incompatible use. The nature of Keplinger's business operations necessitates that the employees show up directly to job sites at the start of the day and travel directly home at day's end. The Applicant's intended use may be less intensive, than the surrounding ag uses, as Keplinger's equipment will be brought to the Property in late fall, stored throughout the winter and then taken out of storage in the spring to coincide with the beginning of the outdoor construction season. Few, if any, daily trips to the Property by employees are contemplated. Furthermore, Keplinger's does not rely on foot traffic or customer trips to the office to conduct its business. The accessory building will likely be in the style of a barn or building found on any working farm in the County and aesthetically similar to the existing structure on the Property. The Applicant's proposed RB District and contemplated use is compatible with the existing land uses in both the Agricultural (Rural) and Rural Village zoning districts on the adjacent and nearby parcels surrounding the Property. The infrequent hips to the Property and relative low intensity of the contemplated use further point to the proposed RB District's compatibility with existing land uses. Applicant's proposed use of the Property will be consistent with the purpose of the RB District and satisfies the elements and criteria necessary to approve the RB District overlay on the Property. Applicant respectfully requests that this application be granted and allowed to proceed to final site plan approval. Very Truly Yours, Zachary J. Kieffer Attorney at Law 3 EXHIBIT A Washington County 1 FOR PLANNING COMMISSION USE ONLY _ x Rezoning No. Date Filed: WASHINGTON COUNTY DEPARTMENT OF PLEASE COMPLETE ONLY THE PLANNING & ZONING FEE WORKSHEET SECTION THAT APPLIES. Applicant's Narne: JPK Properties, LLC Date: July 1, 2019 €< $ V Ordinance Map Amendment ............... . ................ 2,000.00 Number of Acres * 2.56 _ x $20.00 per acre ................ $ 57.20 Engineering Review Fee .................................... $ 150.00 Technology Fee ........................................... 1s.00 TOTAL E i ES D ":' --. MAP�AMENDMIENT ..... $.2,222.220 'tAii endrrent......... ...................... I ...... I., ...... . $ 2,000.00 Choose One: ❑ Adequate Public Facilities Ordinance ❑ Forest Conservation Ordinance ❑ Solid Waste Plan ❑ Subdivision Ordinance ❑ Water and Sewer Plan ❑ Zoning Ordinance ❑ Other: Technology Fee................................�........... 15.00 TOTAL FEES DUE_.. TEXT:AMENE7MEN`b ..... $ 2,015.00 Forest Conservati n Fverniqtien., .................... $ 25.00 Technology Fee ................................................. $ 15.00 T0T P'1 FEES DUE - F-CHI.FST @`<7» EiViPTiON.... $ 40.00 Please make checks payable to " /whin tam ountY . reasurer". m yi Lu Uj Liji.ui , lui co ,�r m colt Pt.(m n oar.. z z COE r- Uri olz liz c"i 0 ui 1 IM ar CP C: LL CL e a Z Y�d tv— Ln US 171 a90.ogag0 CO TM 0 N 01'J Cl N k", it U�l DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING f LAND PRESERVATION I FOREST CONSERVATION ( GIS September, 2019 Application for Map Amendment Staff Report and Analysis Case #: RZ-19-004 Property Owner(s) JPK Properties LLC Applicant(s) Same as property owner Location South side of Breathedsville Road Election District #12 - Fairplay Comprehensive Plan Designation Agriculture Rural Zoning Map 67 Parcel(s) P. 363 (Lot 4) Acreage 2.86 acres Existing Zoning Agriculture Rural Requested Zoning: Agriculture Rural with Rural Business (RB) overlay Date of Meeting September 9, 2019 Application has been made by JPK Properties LLC requesting a zoning map amendment to apply a Rural Business floating zone district to land located on the south side of Breathedsville Road approximately 2800 feet west of Lappans Road. The parcel contains 2.86 acres of land and is currently improved with an accessory building used for storage. The parcel is located in the Rural Area of the County as designated by the Comprehensive Plan and is currently zoned Agriculture Rural. The Rural Business zoning district has been established as a "floating zone" within the County Zoning Ordinance. This designation provides more flexibility than that of traditional Euclidean zoning. As such, applicants seeking to apply the Rural Business Floating Zone are not required to comply with the change or mistake rule. For a property to be eligible to receive the RB floating zone designation, there are four basic criteria that first need to be met: 1. The proposed RB District is not within any designated growth area identified in the Washington County Comprehensive Plan; 2. The proposed RB District has safe and usable road access on a road that meets the standards under the "Policy for Determining Adequacy of Existing Roads". In addition, a traffic study may be required where the proposed business, activity or 100 West Washington Street, Suite 2600 [ Hagerstown, MD 21740 1 P: 240.313.2430 1 F: 240.313.24V E■ B W`IVVV.WASHCO-MRNET facility generates 25 or more peak hour trips or where 40% of the estimated vehicle trips are anticipated to be commercial truck traffic; 3. Onsite issues relating to sewage disposal, water supply, stormwater management, floodplains, etc. can be adequately addressed; and 4. The location of an RB District would not be incompatible with existing land uses, cultural or historic resources, or agricultural preservation efforts in the vicinity of the proposed district. Evaluation of the application's consistency with these criteria is included in the Staff Analysis. Staff Analysis: Although the change or mistake rule is not applicable, the Planning Commission and the Board of County Commissioners are required in their deliberations to establish express findings that, at a minunum, consider the purpose of the proposed Rural Business zoning classification, the applicable policies of the Comprehensive Plan and the Zoning Ordinance, and the compatibility of the proposed RB district with neighboring properties. In accordance with Section 5E.6 of the Washington County Zoning Ordinance, the procedure for creation of a new RB zoning district includes the Planning Commission making a recommendation to the Board of County Commissioners on six points of interest. These points are outlined and analyzed below. 1. The proposed district will accomplish the purpose of the RB District. The purpose of the Rural Business floating zone is "...to permit the continuation and development of businesses that support the agricultural industry and farming community, serve the needs of the rural residential population, provide for recreational and tourism opportunities, and to establish locations for businesses and facilities not other vise permitted in the rural areas of the County.... ". According to the applicant's justification statement, the purpose of requesting an RB floating zone on this property is to establish a business office and equipment storage building for an existing excavation and construction business. The property owner, Mr. Keplinger, currently has as an existing business located on the Sharpsburg Pike and would like to relocate the business to this new location. The property currently contains an existing 3600 square foot accessory structure. The previous property owner obtained approval from the Board of Zoning Appeals (AP2015-003) to establish an accessory use on the property without a principle permitted use. The stated intention of the building was for residential storage of vehicles and recreational vehicles. As part of this rezoning request, the current property owner is proposing to use the existing structure and construct an additional 3600 square foot building as part of the business. 2. The proposed site development meets criteria identified in Section 5EA of this Article [Article 5E — Rural Business District]. a. The proposed RB District is outside of any designated growth area. The subject parcel is in fact located outside of any designated growth area boundary as illustrated in the adopted Plan for the County. b. The proposed RB District has safe and usable road access... The property has an existing access onto Breathedsville Road which is owned and maintained by the County. The applicant states that the business will generate a small number of new trips and therefore the existing road is safe and usable for the proposed use. c. On -site issues relating to sewage disposal, water supply, stormwater management, etc. can be adequately addressed. According to the preliminary site plan submitted with the application, there is a platted septic reserve area on the property as well as an existing well. The preliminary site plan does not address stormwater management; however, the limited amount of disturbance should be capable of an on -site management plan. d. The location of the RB District would not be incompatible with existing uses, cultural or historic resources or agricultural preservation efforts. There are three historic resources documented within a one-half mile radius of the proposed rezoning area as outlined below. There appears to be no negative impact on the physical or contextual appearance of these historic resources. WA-II-284 — Log and Stone House — early 1800s house that provides an example of the County's vernacular architecture. Located approximately 500 ft from subject property. WA-7I-280 — Woodley Farm — early 1800s farm complex that provides an example of agricultural practices in the County. Located approximately 2000 ft from the subject property. WA-II-101-- The Everly House —1800s log home that provides an example of the County's tradition of log homes in this time frame. Located approximately 1300 ft from the subject properly. The property is located approximately 700 ft from an existing Rural Legacy easement commonly referred to as the Woodley Farm. The property is also located within the County designated Priority Preservation Area; therefore, additional land preservation easements may occur in this area. While located within the PPA, the subject property would not meet the general criteria to obtain a land preservation easement due to existing development and the size of the property. 3. The road providing access to the site is appropriate for the proposed RB land use. This issue has already been discussed in other portions of this report. There appears to be good access already existing to the site and there are no proposals to alter the access point. 4. Adequate sight distance along roads can be provided at proposed point of access to the site. The applicant has not provided this information as part of their application. However, the point of access for this parcel is existing and is assumed to meet adequate sight distance standards for residential use. This may be re-evaluated as part of the final site plan process due to the commercial nature of the proposed use. 5. The proposed landscaped areas can provide adequate buffering of the proposed RB land use from the existing land uses in the vicinity. The property is currently surrounded on three sides by actively farmed agricultural land. There is an existing farmhouse located approximately 400 ft from the rear property line of the subject property. There is an existing line of mature trees along the south and southeast edges of the property that provide some visual barrier. To the east, the property is immediately adjacent to a vacant residential lot that is also owned by JPK Properties LLC. There is no landscaping buffer between the two properties nor is one proposed. It is assumed that because the same entity owns both parcels, the applicant does not intend to add a buffer between the two properties. 6. The proposed land use is not of a scale, intensity or character that would be incompatible with adjacent land uses or structures. In their justification statement, the applicant contends that the proposed use of this property as a storage facility for excavation and construction equipment is compatible with existing land uses in the area. The business is expected to be most active between early spring and late fall to coincide with a typical construction season. Employees and customers of the business are not expected to use this site. In addition, the applicant claims that the structure to be built will be in the same size and style of typical farm accessonj buildings already existing in the area. Recommendation: Based on the information provided by the applicant in the initial application and further analysis by Staff, we believe that there has been adequate evidence submitted to meet the various criteria that would support the application of a Rural Business floating zone to the subject area. Respectfully submitted, ill Baker Chief Planner These minutes have been approved but have not be signed by the Chairman. WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING AND PUBLIC INFORMATION MEETING October 7, 2019 The Washington County Planning Commission held a public information meeting and its regular monthly meeting on Monday, October 7, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, David Kline, BJ Goetz, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Rebecca Calimer, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the public information meeting to order at 7:00 p.m. PUBLIC INFORMATION MEETING WS-19-003 – City of Hagerstown Staff Presentation Mr. Goodrich presented a proposed amendment to the Washington County Water and Sewerage Plan submitted by the City of Hagerstown. The requested amendment seeks to include additional language in the County’s Water and Sewerage Plan to describe the City of Hagerstown’s long-term growth management plans and service policies as established by its most recent update of the City’s Comprehensive Plan [“Vision of Hagerstown 2035”]. Mr. Goodrich explained that in Chapter 2.C entitled “Land Use and Growth Management Strategy”, there is a proposal to add a detailed description of the City of Hagerstown’s Land Use and Growth Management Strategy. That strategy is a long-term plan to provide public water and sewer service inside the Medium Growth Range Area (MGRA) and not in the area between the MRGA and the long-range growth area which is equivalent to the County’s Urban Growth Area. The City’s MRGA is based on an analysis of existing land use, vacant land, population projections, and capacities of its water and sewer systems. In Chapters 3 and 4, the City has requested additions of the restated policy as explained in detail in Chapter 2. There is also language to strengthen the City’s ultimate authority to allow or not allow connections to its system by adding the following language, “provided the service request is consistent with the policies and plans of the service provider”. That applies not only to the City of Hagerstown but also to any other service providers. Mr. Goodrich stated that the proposed amendment was sent to various agencies for review and comment including the Washington County Health Department. Their comments were received and were provided to the Planning Commission. A specific response was not given to the questions or suggestions of the Health Department; those comments will be addressed in the County’s updated Comprehensive Plan and the updated Water and Sewerage Plan. Applicant’s Presentation Ms. Kathy Maher, Director of Planning and Code Administration, and Ms. Nancy Hallsrath, Director of Utilities, were present to represent the City of Hagerstown. Ms. Maher stated that this is the first step in a multi-step process to communicate and work with the County to discuss growth and the ability to serve the public with water and waste water services. She explained how the City determined its MRGA boundary and what kind of growth might be expected in the next 20 years based on current zoning. The City believes this boundary could be served by public water, which is provided by the City, and public sewer which is provided by both the County and the City. Ms. Maher noted that although there are water lines located outside the MRGA, it is not the City’s intent to serve those areas unless an exception is granted by the City from the Water and Wastewater Policy. The public information meeting concluded at 7:20 p.m. These minutes have been approved but have not be signed by the Chairman. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the September 9, 2019 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved with Mr. Goetz abstaining from the vote. - OLD BUSINESS RZ-19-003 – Downsville Pike Land LLC Mr. Allen reminded Commission members that a map amendment request was presented at the September 9, 2019 public information meeting for property located at 10656 and 10662 Downsville Pike. The property consists of two parcels totaling 1.6 acres of land currently zoned RS (Residential Suburban). The applicant is requesting a change in zoning to HI (Highway Interchange). During the public information meeting, both the applicant and staff presented their interpretation of data analyzing population change, traffic counts, site access, compatibility with other development in the neighborhood, relationship to the Comprehensive Plan, and evidence of a change in the character of the neighborhood since the comprehensive rezoning of 2012 or a mistake in the zoning designation assigned at that time. Public comment was taken during the public meeting from neighboring property owners, all of whom were opposed to the rezoning request. To date, six written comments and a petition with more than 230 signatures have been received in opposition to the request. Discussion and Comments: Mr. Kline asked what Staff recommends. Mr. Allen stated that staff is opposed to the request based on the limited time frame to prove change or mistake since 2012. Mr. Kline noted that Potomac Edison [his employer] once owned a large portion of property from Rench Road to the I-70 interchange at Downsville Pike and Halfway Boulevard. Potomac Edison was instrumental in getting the interchange in this location. He gave a brief overview of the vision that Potomac Edison had for this area, including the Friendship Technology Park, more than 25 years ago. Ms. Baker stated that during the comprehensive review of the interchanges in the 1990’s, this particular interchange was discussed and at that time, the subject parcels were zoned for agriculture due to their proximity to the Marty Snook Park and the existing residential area. In 2012, the agricultural zone was eliminated in the UGA; therefore, these parcels were given a residential designation because there were houses on the site. Ms. Baker noted that during the comprehensive rezoning, no comments were received from property owners requesting a different designation. She also noted that during the 2012 rezoning, staff considered the areas across the Downsville Pike at the interchange and further down the Downsville Pike. Those areas were specifically designated for commercial uses because it was consistent with the County’s adopted Comprehensive Plan. Mr. Kline expressed his opinion that the neighborhood has not significantly changed since the 2012 comprehensive rezoning. He noted that during the public meeting there were two recurring points of discussion. One was for pedestrians crossing at this intersection, which he believes is an invalid point because this is a major intersection and it is not a pedestrian-friendly area. The second point of discussion was traffic-related issues. This he believes is a valid objection due to the volume of traffic in the area and safety concerns during ingress and egress from this particular site. Mr. Reeder and Mr. Weddle concurred with Mr. Kline’s comments. Mr. Goetz stated that this site would be challenging for residential use. Motion and Vote: Mr. Kline made a motion to recommend [to the Board of County Commissioners] denial of this request because there has not been a substantial change in the character of the neighborhood nor was a mistake made during the 2012 comprehensive rezoning. The motion was seconded by Mr. Reeder and unanimously approved with Commissioner Wagner abstaining from the vote. RZ-19-004 – JPK Properties LLC Ms. Baker reminded Commission members that a map amendment request was presented at the September 9, 2019 public information meeting to apply the Rural Business floating zone on property located at 18423 Breathedsville Road. The property is currently zoned A(R) – Agricultural Rural. The proposed use for the site would be for a contractor’s storage yard. To date, one public comment has been received opposing the request. Discussion and Comment: Mr. Kline stated he has no opposition to this request. Mr. Reeder concurred. These minutes have been approved but have not be signed by the Chairman. Motion and Vote: Mr. Reeder made a motion to recommend [to the Board of County Commissioners] approval of this request. The motion was seconded by Mr. Goetz and unanimously approved with Commissioner Wagner abstaining from the vote. -NEW BUSINESS SITE PLANS Mountain View Animal Emergency [SP-19-021] Ms. Kelly presented for review and approval a site plan for Mountain View Animal Emergency located along the west side of Crayton Boulevard, north of Maugans Avenue. The property is currently zoned HI – Highway Interchange. The owners are proposing to construct a 16,330 square foot animal hospital on 3.35 acres. Three future additions are also proposed that would total 7,600 square feet of building space; the building height will be 30 feet. There will be a small fenced yard to the rear of the building and a loading area will be on the east side. There will be one main access into the site from Crayton Boulevard. The hospital will be open 24 hours per day, 7 days per week. A total of 80 parking spaces are required; 98 parking spaces will be provided. Public water and public sewer will serve the site. Deliveries will be made by box truck daily. Solid waste/recycling will be collected inside. Lighting will be pole mounted and building mounted. Signage will be building mounted. Landscaping will be installed around the building and in the parking islands. Forestation requirements will be met by paying the payment in lieu in the amount of $6,664.68. All agency approvals have been received. Motion and Vote: Mr. Goetz made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. Thomas Bennett Hunter Inc. [SP-19-016] Ms. Kelly presented for review and approval a site plan for Thomas Bennett Hunter, Inc. for property located along the south side of Hopewell Road. The property is currently zoned IG (Industrial General). The developers are proposing to construct a ready mix cement plant on a 19.37 acre parcel. Plans also include the construction of a 1,200 square foot office and a 6,000 square foot shop, a back-up portable plant and outdoor stockpiles. The Board of Zoning Appeals granted a special exception in August 2018 to allow for the establishment of the cement plant. The hours of operation will be Monday thru Friday, 6 am to 6 pm and Saturday from 6 am to noon. There will be 12 to 18 employees per day. Delivery/freight will be 4 tractor trailers per day. Parking spaces required is 22 spaces and 23 spaces will be provided. Public water and public sewer will serve the site. Lighting will be pole mounted throughout the parking area. Landscaping will be provided around the building. Forest Conservation requirements have been met with a previously approved plat in 2016 showing 3.85 acres of forest in a permanent easement. All agency approvals have been received. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. Dollar General – Hagerstown[SP-19-024] Ms. Kelly (on behalf of Ashley Holloway) presented for review and approval a site plan for Dollar General Hagerstown located at 17213 Virginia Avenue. The developer is proposing to construct a 10,640 square foot commercial retail building on the vacant site of a former fuel station. Two entrances are proposed, one off of Virginia Avenue and one off of Bower Avenue. Hours of operation will be 8 am to 10 pm, 7 days per week. There will be a maximum of 4 employees on the site at one time; 10 employees will be on the payroll for this site. The Board of Zoning Appeals granted a variance for the reduction of parking from 54 spaces to 38 spaces. Public water from the City of Hagerstown and public sewer from Washington County will serve the site. Truck deliveries will be made on the east side of the building. Lighting will be building and pole mounted. Signage will be building mounted and a monument sign. Landscaping will be installed around the building. Forestation requirements will be met via the payment in lieu. Discussion: There was a brief discussion regarding proposed roadway improvements at the site. An additional lane will be added to provide a right-turn lane and a separate left-turn lane off Bower Avenue. Sidewalks will be added to Bower Avenue for pedestrian traffic. Motion and Vote: Mr. Goetz made a motion to grant staff the authority to approve the site plan pending all agency approvals and to approve the payment in lieu to meet Forest Conservation requirements. The motion was seconded by Mr. Kline and unanimously approved. These minutes have been approved but have not be signed by the Chairman. FOREST CONSERVATION Accounting for Local Forest Conservation Funds Ms. Baker announced that during the last legislative session Senate Bill 234 was passed which states that any County or entity that administers a Forest Conservation Ordinance must submit, to the Department of Natural Resources (DNR), a detailed accounting procedure of its payment-in-lieu of funds. If a plan is not submitted to DNR, the County would no longer be allowed to accept payment in lieu of funds. Ms. Baker noted that since 1994 the County has collected approximately $2.4 million and expended $1.9 million resulting in 888.55 acres of new forest planted or existing forest protected. OTHER BUSINESS Update of Staff Approvals Mr. Holloway was not present at the meeting; however, he provided a written update as follows: Land Development Approvals –5 site plans; 3 preliminary plats; 2 storm water management concept plans, 2 subdivision replats, 2 storm water standard plan; 3 standard grading plans; and 2 site specific grading plan; Permit Approvals – 14 grading permits, 28 entrance permits, 2 non-residential construction permit, 3 non- residential addition-alteration permits; 1 floodplain permit; and 1 utility permits. -ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 8:10 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, November 4, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 Respectfully submitted, Clint Wiley, Chairman 33 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING AND PUBLIC INFORMATION MEETING September 9, 2019 The Washington County Planning Commission held a public information meeting and its regular monthly meeting on Monday, September 9, 2019 at 6:30 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, David Kline, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 6:30 p.m. -NEW BUSINESS MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the August 5, 2019 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. Mr. Holloway requested that a shared parking request for Beaver Creek Event Center be added to the agenda. PRELIMINARY CONSULTATION Bowman Parcels 148 and 149 [PC-19-003] Ms. Kelly presented for review a concept plan for Bowman Parcels 148 and 149 located along the northwest side of Spielman Road and the west side of Maryland Route 68. The property is currently zoned HI (Highway Interchange). In July 2017, the Planning Commission reviewed a site plan for Bowman Cornfield [Parcel 1481 which proposed the same uses as the current concept plan; however, at that time there were diesel pumps and 4 tractor trailer parking spaces on this site. The Commission's approval was appealed and has been going through the court system. Ajudge determined that if the diesel pumps were removed, the site would not be considered a truck stop. The Judge's decision has been appealed and will be heard by the Court of Special Appeals in February 2020. The new concept plan proposes a mixed use of sales, retail offices and fuel sales on Parcel 148, which contains 9.6 acres of land, as well as 72 tractor trailer parking spaces. Proposed on Parcel 149 is 286 tractor trailer parking spaces on 63 acres. Both parcels can stand on their own and site plans would be required for both parcels, either separately or together. A zoning certificate is currently needed for Parcel 149 where the Quality Distribution facility is located. All Zoning Ordinance requirements for the HI zoning district must be met including signage, buffers, height requirements, buffer yards, screening, etc. The proposed cul-de-sac will be privately owned. The Washington County Engineering Department submitted comments regarding design and storm water management requirements. A new Forest Stand Delineation would be required for Parcel 149. The Soil Conservation District and the City of Hagerstown Utilities Department reviewed the concept plan and had no comments at this time. The State Highway Administration issued a letter stating a new updated traffic study will not be required. Discussion and Comments: Mr. Kline asked if the tractor trailer parking would accommodate truck drivers who need a place to sleep when they've reached their allotted driving time. Mr. Rob Ferree of Bowman Development stated that Bowman is looking at several different option, but that is the original intent. Due to Federal law mandates being implemented on truck drivers, there is a growing need for these types of facilities. He noted that Parcel 148 may be used for additional trailer parking for the Bowman Leasing Company. No action is required. 34 DEVELOPMENT PLANS Emerald Pointe jDP-19-001) Ms. Kelly presented for review a request to determine if the proposed change to the Emerald Pointe PUD Development Plan would be considered a major or minor change. Emerald Pointe PUD is located north of Maryland Route 60 and east of Marsh Pike. The developer is proposing to revise future Phase IV from 24 single family lots to 48 semi-detached lots which will create a slight increase in the overall development density from 3.0 units/acre to 3.2 units/acre. Public water and sewer service is available. Road improvements and sidewalks are already being constructed. Motion and Vote: Mr. Kline made a motion to designate this request as a minor change. The motion was seconded by Mr. Weddle and unanimously approved. OTHER BUSINESS Update of Staff Approvals Mr. Holloway presented the following update for July: Land Development Approvals —12 inspection and maintenance agreements, 5 site plans; 3 preliminary/final plats; 2 County storm water management concept plans, 2 improvement plans for the Town of Boonsboro; 1 subdivision replat, 1 storm water standard plan; and 1 site specific grading plan; Permit Approvals— 6 grading permits, 7 entrance permits, 1 non-residential construction permit, and 3 utility permits. Beaver Creek School Event Center Mr. Holloway presented a request for shared parking for the Beaver Creek School Event Center. Parking would be shared with a nearby church that has already agreed to the request. Mr. Holloway stated that he has requested additional lighting and a crosswalk from the main entrance of the event center to the church parking lot. The developer has complied with both requests. Mr. Fred Frederick of Frederick, Seibert & Associates, the consultant, stated that agreements with the church have been approved and signed. The Board of Zoning Appeals granted a special exception for this facility. A sign for additional parking has also been installed to direct visitors to the church parking lot. Mr. Holloway stated that the developer has agreed not to hold event at the same time the church will be holding its services and other functions. He also noted that the Board of Zoning Appeals determined the event center could not hold events later than 10 p.m. Motion and Vote: Mr. Reeder made a motion to approve the shared parking request as presented. The motion was seconded by Mr. Kline and unanimously approved. PUBLIC INFORMATION MEETING The Chairman called the public rezoning information meeting to order at 7:05 p.m. RZ-1 MICA — JPK ProoDerties LLC Staff Presentation Ms. Baker presented a proposed map amendment for 2.86 acres of property located at 18423 Breathedsville Road. The property is currently zoned A(R) — Agricultural Rural. The request is to apply an RB (Rural Business) floating zone to the land. The parcel is currently improved with an accessory building used for storage. It is located in the Rural Area of the County as designated by the Comprehensive Plan. Ms. Baker briefly reviewed the criteria that must be met to receive the RB floating zone designation. Staff has outlined and analyzed each of these criteria and, based on information provided by the applicant, adequate evidence has been presented to meet the criteria to support the request. Ms. Baker noted that the proposed business is the storage of contractor's equipment and an office. Applicant's Presentation Mr. Zachary Kieffer,19405 Emerald Square, Suite 2100, Office 202, Hagerstown, MD, legal counsel for JPK Properties, LLC, and Jared Keplinger, owner, were present at the meeting. Mr. Kieffer distributed a photograph showing the current building on the site and a drawing showing the proposed storage barn (Applicant's Exhibit 11. The applicant's intent is to move his existing business from Sharpsburg Pike to Breathedsville Road. Excavation equipment as well as farm equipment would be stored inside the buildings. The excavation equipment would be stored in the buildings during the off-season. Hours of operation would be Monday thru Friday, 7 a.m. to 5 p.m.; no employees would be present at the site. 35 Mr. Kieffer stated that the property is outside the County's growth area and he believes that the use meets the definition of the RB overlay. It permits a business facility in an area not otherwise permitted in the rural area of the county and permits the continuation and development of business that supports the ag industry. The applicant believes that roads are adequate for this business and that existing trees would buffer neighboring properties. The scale, intensity and character of the proposed use is not incompatible with the existing land uses. The property owner intends to eventually build his home on the property. Public Comment • Joe Lane, 12030 Hippan Hill Lane, Smithsburg—Mr. Lane expressed his concern that, if approved, repairs may be performed on the equipment that could affect the well and septic for the future proposed house. Discussion and Comments Mr. Kline expressed his opinion that the proposed use is not much different from an agricultural use that would repair its equipment on -site. He commended the owner for going through the proper channels to establish the use on this site. RZ-19-003 Downsville Pike Land LLC Staff Presentation Mr. Allen presented a map amendment application for 1.6 acres of property located at 10656 and 10662 Downsvile Pike. The property is currently zoned RS (Residential Suburban). The applicant is requesting a change in zoning to HI (Highway Interchange). Mr. Allen briefly reviewed the criteria identified in Article 27.3 of the Zoning Ordinance that should be followed when considering a piecemeal rezoning request. He addressed each of these criteria individually. 1. Population: The Halfway election district grew more slowly from 1980 to 2010 than the county as a whole. 2. Water and Sewer: Public water and sewer are available on the site. 3. Emergency Services: The nearest emergency services provider to the site is the Volunteer Fire Company of Halfway located approximately 1 mile from the site. 4. Schools: There would be no school mitigation requirements because the applicant is requesting a commercial zoning classification. 5. Traffic: According to data from the State Highway Administration, traffic volumes have remained relatively consistent at the Downsville Pike/Halfway Boulevard intersection during the past 10 to 15 years and haven't exceeded the highest total average daily traffic achieved in 1990 at that location. 6. Public Transportation: The area is not served by public transit. 7. Roadways and Access: There have been some minor intersection improvements just northeast of the site connected to the construction of Sheetz. The existing driveways on the site would need to be improved and would most likely not meet sight distance requirements for future use. Downsville Pike has a median running north and south of its intersection with Halfway Boulevard which limits left hand turns into the site. Halfway Boulevard, travelling eastbound, has dual turn lanes with a middle lane to access Marty L. Snook Park going westbound. Marty L. Snook Park abuts the western property line of one of the two parcels that are subject of this rezoning application. The Washington County Engineering Plan Review Department reviewed the application and submitted the following comments: 1) a new access location onto Halfway Boulevard may be required; 2) a traffic study for impact on the intersection may also be required; and because Halfway Boulevard is a minor arterial road, there is a 500 foot minimum spacing requirement, that when measured from the corner of Downsville Pike and Halfway Boulevard would be at the Marty L. Snook Park access road or south of the site at the Park and Ride. Both of these access locations would be problematic for an access due to the conflicts of the different users that would be going in and out of these places. 8. Compatibility with Surrounding Area: There are existing neighborhoods to the north and west of the site, as well as the Park and Ride and the 1-70 interchange which are in close proximity. There is one remaining residential structure on the parcel that sits on the corner; this property is in fair to poor condition. There are 5 historic sites within % mile of the subject site. A sixth site (Anita Rice house), which previously sat on one of these parcels, was demolished in 2018 after many years of neglect. 9. Relationship to Comprehensive Plan: The 2002 Comprehensive Plan designated the area as Low Density Residential in its Land Use Plan. W Mr. Allen stated that the applicant is claiming both a mistake in the zoning of the property and a change in the neighborhood. He explained criteria that must be met in order to prove either of these claims. In the applicant's justification statement, he claims that the governing body failed to fully consider that the residential usage of the subject properties would continue to be viable despite the effects on livability from the adjacent road and the geographic separation of these properties from the adjacent residential neighborhoods. They also failed to consider that the similarly situated interchange parcel was rezoned to HI while the subject parcels were not. Staff explained that these parcels have a long history of residential usage going back more than 100 years in some cases. While staff agrees that traffic related impacts have had a detrimental impact on the long-term viability of residential usage at the site, it should be noted that long-term neglect of these properties also plays a large role in the continued viability for residential use. Mr. Allen pointed out that there is both traffic and safety issues from a commercial or light industrial use that could be put on the property if it is rezoned. Mr. Allen believes that the exhibit presented by the applicant showing all the uses within a one mile radius of the subject site provides a fair and accurate description of the neighborhood. However, within the text of the justification statement, the applicant minimizes the similarity of the site to the residential neighborhoods while emphasizing the commercial uses in the immediate vicinity. He noted that the Sheetz store which was recently constructed is in an area that has been zoned for a commercial use for a long period of time. There have been no piecemeal rezonings approved in the vicinity since 2000 which shows the stable character of the neighborhood. Mr. Allen emphasized that the Comprehensive Rezoning of the Urban Growth Area in 2012 is not evidence of a change in the character of the neighborhood. He displayed a map showing the original zoning of the area and the changes that occurred in 2012. In conclusion, Staff believes there has been limited change in the neighborhood or that a mistake was made during the Comprehensive Rezoning in 2012. Four written comments were received prior to this meeting citing safety concerns for motorists as well as pedestrians. The Department of Planning & Zoning mailed 318 letters to neighboring and affected property owners notifying them about this rezoning and the public information meeting. Discussion and Comments: Mr. Reeder asked if the 500 foot sight distance requirement is negotiable and what options the developer would have if the required distance could not be maintained. Mr. Allen stated that a traffic study would be required to determine what the impact would be at this intersection and on both the Downsville Pike and Halfway Boulevard. Ms. Baker stated that the State Highway Administration would dictate improvements and access from Downsville Pike because it is a state road. Halfway Boulevard is a county owned road and variances could be requested to reduce the access spacing. If the rezoning application is approved, a site plan would be required before development occurs on the site and the County's Engineering Department would review the plan to determine any safety issues. Applicant's Presentation Mr. Christopher Smith, 10306 Remington Drive, Hagerstown, is one of the owners of the property. He began by giving a brief history of the property and previous attempts to rezone it. He stated that he and his partner purchased the property approximately 3 years ago at an estate sale. He explained that the previous owner was older and none of her children wanted the property and he believes that is why it fell into disrepair. At the time of purchase, the properties were abandoned and blighted and there were two active zoning violations on the property. The Anita Rice house was condemned and a demolition permit was issued for that residence as well as a concrete block garage. Mr. Smith also noted that a third property adjacent to the two parcels that are subject of this request is owned by others and is also abandoned. Mr. Smith expressed his opinion that there was a mistake made in the zoning of this property because it is located on one of the four corners of the interchange, which changed this neighborhood. He believes that the neighborhood should be defined as those three properties on the corner because they have been isolated from all the other residential structures in the vicinity. All three structures are abandoned and have fallen into disrepair, they are adjacent to a Park and Ride, and a highway off -ramp. He stated that no one has shown any interest in renting or living on these properties. Mr. Smith began a question and answer exchange with Gordon Poffenberger of Fox & Associates, Inc., 981 Mt. Aetna Road, Hagerstown. Following is a summary of that exchange. Mr. Poffenberger stated that these properties have direct access onto Downsville Pike whereas most of the residential properties in the area front on local subdivision streets. He stated that the properties have been zoned RS (Residential Suburban) since 2005; however, the 2012 Comprehensive Rezoning changed some of the parcels in the area, including the interstate parcel which was originally zoned RM, to HI. There was a brief discussion regarding the Friendship Technology Park, which contains 140 acres. Mr. Poffenberger stated there is a developer out of Towson that is marketing that acreage for a regional shopping center, which would be a 37 substantial change to the neighborhood. He does not believe that rezoning the subject site would have a substantial impact on the neighborhood since it is only 1.6 acres in size. Due to limited access on the site, the development potential is minimal. In his professional opinion, Mr. Poffenberger believes there has been a change in the neighborhood citing commercial uses along the Downsville Pike, Mr. Smith questioned Mr. Poffenberger about the SHA easements granted in front of the property when the interchange was constructed. Mr. Poffenberger stated that when the interchange was constructed and Downsville Pike was widened, there were right-of-way plats prepared by SHA which significantly impacted these properties and reduced their potential for future residential use. A substantial change in the neigh- borhood occurred with the construction of the Sheetz convenience store on the opposite corner of the interchange as well as the traffic signals at the interchange and at Venture Boulevard. Mr. Poffenberger expressed his opinion that the health, safety and welfare of the neighborhood would not be significantly impacted by changing the zoning on these properties. He believes the access will be the most challenging issue when developing this property and several options are being considered. The proposed use of the property is an ice cream shop. There would be a right in/right out access off Halfway Boulevard. The developer is working with SHA to gain joint use of the existing access for the Park and Ride. Mr. Poffenberger expressed his opinion there is a lot of commercial uses along this corridor and continuing to use these parcels for residential purposes is not viable with the traffic volumes in this area. In summary, Mr. Smith stated that these properties are currently blighted and will continue to be blighted and a safety concern for the park if they are left in their current zoning. There is not an economically feasible way to develop these properties in their current state. Citizen Comment • Barbara Iseminger, 10837 Oak Valley Drive, Hagerstown — Ms. Iseminger stated she is adamantly opposed to rezoning this property to a commercial use. She expressed concern for pedestrian safety when crossing Halfway Boulevard to enter Marty L. Snook Park. There is a crosswalk at the intersection of Halfway Boulevard and Downsville Pike; however, there is no signal for pedestrians to cross and there are no sidewalks on either side of the street to gain access to the crosswalk. Speed is also a concern in this area. Ms. Iseminger also expressed her opinion that there is not enough space for access onto this site. She believes that sharing an entrance with the Park would create another safety hazard. • Harold Iseminger, 10837 Oak Valley Drive, Hagerstown — Mr. Iseminger stated he is opposed to this property being rezoned for a commercial use. He expressed his opinion that the volume of traffic at this intersection is extremely heavy and it is very difficult to enter Halfway Boulevard from any of the side streets. He believes that sharing an entrance with the Park is not feasible and a right in/right out on Downsville Pike would create additional traffic issues. Mr. Iseminger expressed his opinion that the property would better serve the community by being donated to the Park or to extend the Park and Ride. • Neil Becker, 10811 Wyncote Drive, Hagerstown — Mr. Becker stated that he is opposed to this rezoning request as he was in 2017. He cited concerns with regard to traffic, drivers' safety, pedestrian safety, light pollution, noise pollution, and environmental pollution. He noted that the current owners purchased the properties knowing that they were zoned for residential use. These properties have fallen into greater disrepair since the applicant obtained ownership. Mr. Becker noted that since the demolition of structures last fall, the owners have not performed any further maintenance on the properties (grass has not been cut, trees and shrubs have not been trimmed) and people are dumping piles of trash on the property. He contends that neglect of the properties has contributed to the marketability of using these properties for residential purposes. He believes there are already challenges with traffic at this intersection. Mr. Becker cited several passages from the Staff Report and Analysis in his presentation. He expressed his opinion that the applicant has not proven that a mistake was made in the zoning of the property or that a substantial change has occurred in the neighborhood since the 2012 Comprehensive Rezoning. He noted that if the property is rezoned to HI, all uses permitted in the BL, BG, PB and ORT zoning districts would be allowed on this site. Therefore, the owners would be allowed to develop the property with a use other than the ice cream parlorthat is currently proposed. Written comments were submitted by Mr. Becker prior to the meeting and made a part of the official record. • Brandon Brereton, 10806 Gaywood Drive, Hagerstown — Mr. Brereton is opposed to the rezoning of this property. He expressed his opinion that traffic is already problematic on Halfway Boulevard. There are no turn lanes to access the residential neighborhoods. Pedestrian safety is also a concern. He expressed his opinion that a traffic stuay should be completed and improvements made in this area. W-1 • Lorna Bock, 10811 Brentwood Terrace, Hagerstown — Ms. Bock is opposed to the rezoning as she was in 2017. She expressed concern with regard to traffic on Halfway Boulevard, the safety of the residents of Woodmoor and Oak Ridge developments, the visitors to Marty Snook Park and anyone travelling on Halfway Boulevard. She believes that tht, property owners have been neglectful in the maintenance of the property and they are hoping that the change in County Commissioners since 2017 will get this rezoning approved. Ms. Bock expressed her opinion that this property would be a nice addition to the Park and the owner and the County should re -visit the option of the County purchasing the property for that use. • Joe Powell, 10811 Brentwood Terrace, Hagerstown — Mr. Powell submitted written comments for the record. He is opposed to the rezoning request as he was in 2017. He expressed his concern with regard to traffic issues on Halfway Boulevard and safety of drivers and pedestrians. Mr. Powell expressed his opinion that Downsville Pike is a definite separation between the RS and HI zoning districts. He noted that the Sheetz store is accessed via a dead-end road not from Downsville Pike like the subject parcels. • Greg Nearchos, 10928 Holly Terrace, Hagerstown — Mr. Nearchos expressed his opinion that a mistake was not made in the zoning of this property and believes that the intent of the County Commissioners was to envelop Marty Snook Park with residential uses. In his opinion, the applicant has not proven that a mistake was made. Mr. Nearchos believes that Downsville Pike has been used as a division for the Hl and RS zoning districts. Applicant's Rebuttal Mr. Smith stated that a traffic impact study will be required as part of the development process. The site does have a number of access challenges, which will be resolved or the property will not be developed. As part of the commercial use of the property, it will be surrounded by sidewalks thereby providing a pedestrian pathway from Marty L. Snook Park and allow for better pedestrian traffic for the neighborhood. The Park and Ride is not a residential facility, but a highway facility designed for vehicular parking; therefore, Marty L. Snook Park is not enveloped by residential properties. Mr. Smith believes that much of the testimony given this evening shows there has been a change in the volume of traffic in this area that is creating a more desired commercial use forthis property than it was 20 years ago. The highway interchange also changed the definition of the use of this property and what is the best and highest use of the property for the County and its citizens. The public information meeting concluded at 8:30 p.m. REGULAR MEETING OLD BUSINESS WS-19-002 Town of Smithsburg Mr. Goodrich reminded Commission members that a Water and Sewerage Plan amendment submitted by the Town of Smithsburg was presented during a public information meeting held on August S`h. The request from the Town of Smithsburg is to expand the service area boundary to include 12 parcels of land located at the intersection of MD Route 64 and MD Route 77. Three of those parcels were recently annexed into the Town; the remaining 9 parcels are outside of the Town but they are within the Town's growth area boundary and the County's growth area boundary. The application also requested a change [to the three parcels] in the priority service designation from S-7 to S-1. Staff recommended an alternative to assign the S-3, Programmed service priority designation. Staff recommends that the remaining 9 parcels, should be assigned the S-S, Planned service priority designation. The Staff Report indicates that none of the parcels meet the requirements outlined in the County's Water and Sewerage Plan for the S- 1, Existing Service priority designation. Motion and Vote: Mr. Kline made a motion to recommend approval that the service area boundary be expanded to include the 12 parcels noted in the application and for the assignment of the S-3 and S-S priority service designations as recommended by staff to the Board of County Commissioners. The motion was seconded by Mr. Weddle and unanimously approved with Commissioner Wagner abstaining from the vote. 39 RZ-19-005 Alcohol Production Facilities Ms. Baker reminded Commission members that a text amendment to the Washington County Zoning Ordinance was presented at the August 51h public information meeting. Proposed amendments include Articles 3, 11, 12, 13, 14 and 28A for Alcohol Production Facilities. Discussion and Comments: Mr. Wiley expressed his opinion that the alcohol production facilities should be allowed in residential areas as a special exception use. Other commission members agreed. Ms. Baker asked if the Commission would like to establish bulk requirements [i.e. setbacks, lot sizes, lot widths, etc.] for these facilities. If specific bulk requirements are not established, there is a category within the Zoning Ordinance that would apply to these types of facilities. Commission members were not inclined to add specific bulk requirements. Motion and Vote: Mr. Reeder made a motion to recommend approval to the Board of County Commissioners of the staff's draft text amendments with the inclusion of the residential districts as a special exception. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. Discussion of Solar Energy Generating Systems [SEGS] Ms. Baker reminded Commission members that during the August 51h meeting, discussions were held regarding SEGS, legislation for SEGS, and a recent court case by the County which went to the highest court in the State of Maryland. Mr. Goodrich gave a brief update from the Maryland Association of Counties [MaCo] planners affliliate meeting held last week. SEGS was the major topic of discussions and will be a major topic during the new legislative session in 2020. It is anticipated there will be new legislation affirming the PSC's authority for solar energy generating systems and possibly affirming local government's opportunity to participate in those processes. Also discussed were ways that the counties can participate in the process to establish SEGS. One opportunity would be to participate in the PSC's local public hearings. Washington County already has a process in place by making SEGS a special exception use. Ms. Baker announced that the Department of Planning & Zoning will be discussing SEGS issues with the County Commissioners in the near future. She began a discussion with Commission members to gather input relative to what the Commission would like to see as part of the County's process for dealing with SEGS. • Consumption of prime agricultural land — Currently the County does not allow SEGS in the priority preservation areas (PPA), Rural Legacy areas, and Antietam Overlay areas. Discussion and Comment: Mr. Wiley suggested incentivizing areas where SEGS should be developed. Commission members liked the idea of establishing a percentage of land usage for SEGS when using prime agricultural lands. o Recommendation: Incentivizing to keep SEGS out of the PPAs, Rural Legacy and Antietam Overlay areas —financial, tax break, low interest loans, abbreviated permitting times, etc. • Location and Method of connecting to the grid — Ms. Baker noted that Alleghany County requires interconnections to be placed underground. Discussion and Comments: Mr. Reeder expressed his opinion that the interconnections should be placed underground. Mr. Kline suggested that line extensions that may be necessary should also be included. These costs would be the responsibility of the solar companies. Commission members agreed. o Recommendation: Interconnections and line extensions should be placed underground. • Impacts on environmentally sensitive areas and animal habitats — Ms. Baker stated that most counties specifically limit or prohibit generating systems in environmentally sensitive areas. Anne Arundel county requires mitigation for wildlife corridors. Discussion and Comments: Commissioner Wagner recommends following Anne Arundel county's guidelines. Mr. Reeder believes the wildlife corridors should be considered. Mr. Weddle expressed his concern that the corridors would take up more agricultural land. 40 o Recommendation: Require wildlife corridors for sites larger than 15 acres. • Impacts on historic and cultural resources — Ms. Baker noted that nearly all counties reference impacts on historic or cultural resources. Some counties prohibit SEGS within the viewshed of these resources. o Recommendation: Provide a general concept of protecting significant historic resources from solar generating systems. • Decommissioning of Facilities — Ms. Baker stated that all counties have regulations for decommis- sioning /reclamation of facilities. There are regulations existing in our Zoning Ordinance now; however, other counties are requiring bonds posted prior to construction of the system. Discussion and Comments: Commissioner Wagner stated that the County is requiring bonds on the PILOTS already. Mr. Weddle asked if there would be any requirements to return the land to a usable state. Mr. Baker stated that Anne Arundel county requires decommissioning plans to include a requirement for a grading permit orstandard grading plan and that all on -site equipment associated with the facility be removed within 12 months of cessation of operations. Mr. Weddle expressed his opinion that this is a very important part of the process. There was a brief discussion regarding the removal of prime soils. Ms. Baker cited Anne Arundel county's regulations which state: "Upon installation, to the degree practicable, avoid disturbing prime ag soils and provide an analysis on how the developer will avoid that. The development may not result in more than 50% of prime ag soils on the site being removed from existing or potential ag production". o Recommendation: Recommend bonding for the installation of SEGS and also a require- ment for decommissioning plans to include a requirement for a grading permit or a standard grading plan to return the ground to a usable state. Also, recommend something similar to Anne Arundel county's regulations regarding the removal of prime ag soils. • Impact on Forest Conservation Act — Ms. Baker explained that the County has been requiring compliance with Forest Conservation requirements when there is a new facility. The PSC has supported this requirement in several cases. She suggested that the County could add mitigate for tree removal when placing a SECS. Anne Arundel county has a penalty for tree removal at a ratio of 3-to-1. Discussion and Comments: Mr. Kline expressed his opinion that is a reasonable requirement; however, Mr. Wiley expressed his concern that it is too restrictive and would impede property owner's right. o Recommendation: Do not include a mitigation of 3:1 for tree removal. • Buffers, Landscaping and Fencing — Ms. Baker stated that some counties are requiring a buffering around solar panels with landscaping and fencing. She believes that the solar companies will install a fence without the County requiring it because it will protect their equipment. Discussion and Comments: Mr. Kline expressed his opinion that landscaping should not be part of the requirements. The SEGS could be located in an area where trees would not survive. o Recommendation: The Commission does not recommend landscaping around the solar arrays. • Community vs. UtilitV Scale facilities — Ms. Baker stated that many of the counties differentiate between small scale and large scale solar facilities. The cut-off is the 2 megawatt threshold that the CPCN has established as the breaking point between small and large scale facilities. She explained that the County will continue to regulate SEGS smaller than 2 megawatts by requiring special exceptions, site plans, etc. A discussion with the Board of County Commissioners regarding SEGS has been scheduled for September 24th. Mr. Les Knapp from MaCo will be in attendance also to discuss the State's perspective on this issue. 41 -ADJOURNMENT Mr. Kline made a motion to adjourn the meeting at 9:30 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, October 7, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 Re Af tfully Xubrpi;Aed, Clint Wiley, Chairm ;y Washington County DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING' LAND PRESERVATION I FOREST CONSERVATION I GIS October 28, 2019 APPLICATION FOR ZONING MAP AMENDMENT PLANNING COMMISSION RECOMMENDATION RZ-19-004 Property Owner(s) JPi< Properties LLC Applicant(s) Same as property owner Location South side of Breathedsville Road Election District #12 - Fairplay Comprehensive Plan Designation Agriculture Rural Zoning Map 67 Parcel(s) P. 363 (Lot 4) Acreage 2.86 acres Existing Zoning Agriculture Rural Requested Zoning Agriculture Rural with Rural Business (RB) floating zone Date of Meeting September 9, 2019 RECOMMENDATION The Washington County Planning Commission took action at its regular meeting held on Monday, October 7, 2019 to recommend approval of Map Amendment RZ-19-004 to the Board of County Commissioners. The Commission considered the application, the supporting documentation submitted with the application, and the applicant's presentation during the public rezoning information meeting. The Commission also considered the Staff Report and Analysis, written comments of interested parties received by the Department of Planning & Zoning and the specific items for consideration of Section 5E.6.c in the Zoning Ordinance. Based upon this information, the Planning Commission finds that the application can meet criteria set forth in Section 5E4.b of the County's Zoning Ordinance to establish the RB district in this location; and, therefore, recommend approval of the application. Copies of the application, Staff Report and Analysis, minutes of the September 9, 2019 public rezoning meeting and the October 7, 2019 regular meeting are attached. Respectfully submitted, .-t-`'�--- Stephen T. Goodrich, Director Washington County Department of Planning & Zoning STG/JLB/dse Attachments cc: Zachary Kieffer Kirk Downey, County Attorney 100 West Washington Street, Suite 2600 1 Hagerstown, MD 21740 1 P: 240.313.2430 1 F: 240.313.24311 TDD: 7-1-1 ---------------- WWW.WASHCO-MD.NET �)_-t c1 1'o It -----Original Message ----- From: George Anikis <geoanne@myactv.net> Sent: Monday, September 16, 2019 9:09 AM To: Goodrich, Stephen <SGoodrlc@washco-md.net> Subject: Keplinger's Excavation request [EXTERNAL SENDER] Good morning Steve: RECEIVED SEA' 16 2019 WASHINGTON COUNTY PLANNING DEPARTMENT Hope all is well with you. A voice from the past. I wanted to share my concern regarding the Kiplinger request on Breathedsville Road. To begin with, the road is narrow with no shoulders. There are only two ways for traffic on Breathedsville Road to exit onto the Sharpsburg Pike; Manor Church Rd to the south and Lappans Rd to the north. The exit onto the Sharpsburg Pike from Manor Church Rd for trucks pulling a flatbed and making a right turn to go north requires the truck to cross the southbound lane to effect the turning radius. Steve, check with the State Police barracks concerning the number of accidents at the intersection of Manor Church Road (Spielman Road on the west side) and the Sharpsburg Pike. There have been four or five in the last year. The line of sight looking south is poor, as there is a dip in the intersection.The exit to the Sharpsburg Pike from Lappans has a traffic signal, making it somewhat safer for flatbeds to execute a turn. In the interest of safety, please review the road and traffic patterns. perhaps a requirement that all equipment using a flatbed be required to use Lappans and limit the use of manor Church Rd. Regards, George Anikis Open Session Item SUBJECT: Washington County Mobile Home Park Revenue Tax PRESENTATION DATE: December 3, 2019 PRESENTATION BY: Sara Greaves, Chief Financial Officer; Kirk Downey, County Attorney/Interim County Administrator RECOMMENDATION: For informational purposes only REPORT-IN-BRIEF: The mobile home park tax in Washington County has been a topic of recent discussion brought forth by residents of Lakeside Park. At the November 19th meeting, a commissioner requested staff to look at revising the Mobile Home Park Tax to a lower amount. DISCUSSION: The Washington County mobile home park tax has not been increased since 1963. The tax is charged to the Mobile Home Park and is calculated from gross receipts multiplied by 15%. 16 Maryland jurisdictions impose a trailer tax. The tax is either a flat charge per space (from $5 to $20/month) or a percentage of the rent charged (ranging from 7%-20%). There are 3 counties in Maryland that repealed the tax in the last few years. It has been stated that the revenue loss for those counties is similar to what Washington County would experience, however, Washington County’s overall budget is much smaller, making the impact of this loss larger. Trailer Tax as a % of General Fund Budget Anne Arundel County – .06% Baltimore County – .03% Howard County - .06% Washington County – .24% Board of County Commissioners of Washington County, Maryland Agenda Report Form Below are some changes for consideration: Option 1 – Reduce the tax to 7.5%. Fiscal impact is estimated $300,000 in revenue loss annually. Option 2 – Keep tax at 15% but cap it at no more than $25 per month. Fiscal Impact is estimated $318,000 in revenue loss annually. This could be viewed as a regressive tax, where residents with less valuable “lots” pay a percent of tax that is higher than a high value “lot”. FISCAL IMPACT: Mobile home park tax results in annual revenue of $550,000-$600,000 CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: West's Annotated Code of Maryland Local Government and Trailer Rental Tax Ordinance AUDIO/VISUAL NEEDS: None § 20-501. In general, MD LOCAL GOVT § 20-501 © 2019 Thomson Reuters. No claim to original U.S. Government Works.1 West's Annotated Code of Maryland Local Government (Refs & Annos) Division IV. Local Finance [Titles 16-23] (Refs & Annos) Title 20. Taxes and Development Impact Fees (Refs & Annos) Subtitle 5. Mobile Home and Trailer Park Taxes (Refs & Annos) MD Code, Local Government, § 20-501 Formerly cited as MD CODE, Art. 24, § 9-401 § 20-501. In general Effective: October 1, 2013 Currentness Definitions (a)(1) In this section the following words have the meanings indicated. (2) “Camping shelter” means a tent or other collapsible structure that provides temporary living quarters for recreational, camping, or travel use. (3) “Mobile home park” means a mobile home court or park or a trailer park. (4) “Recreational vehicle” means a trailer or other vehicle that provides temporary living quarters for recreational, camping, or travel use. Mobile home park tax authorized (b)(1) By resolution or ordinance, a county or municipality may impose a tax on the amount paid for: (i) the rental, leasing, or use of any space, facility, or accommodation in a mobile home park; or § 20-501. In general, MD LOCAL GOVT § 20-501 © 2019 Thomson Reuters. No claim to original U.S. Government Works.2 (ii) services provided by a mobile home park. (2) The tax authorized under this subsection does not apply to a recreational vehicle or camping shelter if: (i) the recreational vehicle or camping shelter is intended and used only for temporary occupancy of 30 days or less; or (ii) the county or municipality imposes the tax authorized under subsection (c) of this section. Separate tax for recreational vehicles or camping shelters authorized (c)(1) Except as provided in paragraph (3) of this subsection, by resolution or ordinance, a county or municipality may impose a tax on the amount paid for: (i) the rental, leasing, or use of any space, facility, or accommodation in a mobile home park for a recreational vehicle or camping shelter, regardless of the period of occupancy; or (ii) services provided by a mobile home park in connection with the rental, leasing, or use of any space, facility, or accommodation for a recreational vehicle or camping shelter. (2) Except as provided in paragraph (3) of this subsection, the rate of the tax authorized under this subsection may not exceed 3% of the amount subject to the tax. (3) In Washington County: (i) the rate of the tax authorized under this subsection is 6%; § 20-501. In general, MD LOCAL GOVT § 20-501 © 2019 Thomson Reuters. No claim to original U.S. Government Works.3 (ii) the tax authorized under this subsection applies only to a recreational vehicle or camping shelter intended and used only for temporary occupancy of 30 days or less; and (iii) the revenue from the tax authorized under this subsection shall be distributed in the same manner as the hotel rental tax under § 20-421 of this title. Collection (d) A county or municipality may require the operator or owner of a mobile home park to collect a tax authorized under this section and remit the tax collected to the county or municipality or to the agency that the county or municipality designates. Records (e) A county or municipality may provide for: (1) the maintenance of public records relating to a tax authorized under this section and its collection; and (2) the inspection or publication of the records. Penalties (f) A county or municipality may provide for penalties for failure to comply with the requirements relating to a tax authorized under this section. Effect of section (g) This section does not affect any requirement concerning permits to locate a trailer, house trailer, trailer coach, or mobile home. Credits Added by Acts 2013, c. 119, § 2, eff. Oct. 1, 2013. § 20-501. In general, MD LOCAL GOVT § 20-501 © 2019 Thomson Reuters. No claim to original U.S. Government Works.4 MD Code, Local Government, § 20-501, MD LOCAL GOVT § 20-501 Current through all legislation from the 2019 Regular Session of the General Assembly. End of Document © 2019 Thomson Reuters. No claim to original U.S. Government Works. sCQ.YL" t S u — C2 lo� A RESOLUTION LEVYING A TAX ON AUTOMOBILE TRAILER CAMPS: FIXING THE AMOUNT AND PROVIDING FOR THE COLLECTION THEREOF: AND PRESCRIBING PENALTIES FOR VIOLATION OF THE RESOLUTION. Section 1: BE IT RESOLVED BY the County Commissioners for Washington County, Maryland, that the following definitions shall apply whenever used in this resolution unless a different meaning appears from the context. (1) "Automobile Trailer" means any vehicle or structure designed and constructed in such manner as permits occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation, or trade or use as a selling or advertising device for any business, profession, occupation, or trade and so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks. (2) "Trailer Camp" means any park, trailer park, trailer court, court, camp, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location,or accommodations for any automobile trailer or automobile trailers and upon which any automobile trailer or automobile trailers are parked and as to which charges are made for the use of the trailer camp. The term does not include automobile trailer sales lots on which unoccupied trailers are parked for the purposes of inspection and sale. (3) "Gross Monthly Charges" means the gross charges for rental, leasing, or use of any space, facilities, or accommodations within a trailer camp and the gross charges for the providing of any services to automobile trailers located on the trailer camp. Section 2. AND BE IT FURTHER RESOLVED BY- the County Commissioners for Washington County, Maryland, pursuant to the power and authority contained in Section 12C of Article 81 of the Annotated Code of Maryland (1957 edition, as enacted by Chapter 581, laws of Maryland 1963) that every person, firm or corporation operating and conducting an automobile trailer camp or camps in Washington County shall pay a monthly tax computed at fifteen per centum of the gross monthly charges collected by the automobile trailer camp, with a minimum of at least $2.00 per occupied trailer space per month. Section 3. AND BE IT FURTHER RESOLVED that the aforesaid tax shall be accumulated and paid monthly to the Treasurer of Washington County. On or before the fifteenth day of each month after the effective date of this resolution, every trailer camp operator having two or more spaces in operation, shall file with the Supervisor of Assessments of Washington County a report showing the amount of tax due for each month preceding the filing of such report and shall pay to the Treasurer of Washington County the total tax for the preceding month as shown thereon. Section 4. AND BE IT FURTHER RESOLVED that if any person, firm or corporation required to collect and remit the tax imposed by this resolution fails to file a statement and a remittance, of if the Supervisor of Assessments has reasonable cause to believe an erroneous statement has been filed, the Supervisor of Assessments may proceed to determine the amount due to the County, and in connection therewith shall make such investigations and take such testimony and other evidence as may be necessary; provided, however, the notice and opportunity to be heard be given by the Supervisor of Assessments to any person, firm or corporation that may become liable for an amount determined by the Supervisor of Assessments. Section 5. AND BE IT FURTHER RESOLVED that every trailer camp operator shall keep and maintain on the premises of the trailer camp a register showing the name, address, license number, date of arrival, date of departure, and amount charged each trailer owner. Said register shall be kept up to date and shall be available at all reasonable times to inspection by the County Commissioners, the Supervisor of Assessments, or their authorized representatives. All trailer owners shall sign in and sign out personally. Said register shall be retained by the trailer camp operator for at least two years. Section 6. AND BE IT FURTHER RESOLVED that failure to pay to the Treasurer taxes when due as described in this resolution shall be subject to a penalty of one per cent per month. Section 7. AND BE IT FURTIER RESOLVED that any person, firm or corporation liable for the taxes imposed by this resolution who or which (1) willfully fails to pay the taxes imposed by this resolution; or (2) wilfully fails to file any report required by this resolution; or (3) wilfully makes any false statement or mis- leading omission in any report filed as required by this resolution or wilfully fails to maintain a register as required by this resolution is guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $100.00, or imprisoned for not more than thirty days, or both for each offense; such fine or imprisonment in the discretion of the court. Section 8. AND BE IT FURTHER RESOLVED that the provisions of this resolution shall take effect on the 1st day of July 1963. TRUE COPY TEST: /S/ G. Dennis Thurston. Dennis Thurston, Clerk to County Commissioners. H:\RESOLUTI\Trailer Tax 1963.doc