City of Baltimore
Baltimore City Code

Section 102. Applicability

102.1 to 102.5 {As in IBC}

102.6 Existing conditions.

The legal occupancy of any structure existing on the date of adoption of this Code is permitted to continue without change, except as otherwise specifically provided in this Code, the International Property Maintenance Code, or the International Fire Code.

102.6.1 to 102.6.2 {As in IBC}

102.7 Structures owned by City.

This Code does not apply to any structure (other than a building) that is owned by the City, to the extent that the structure:

1. is located on, over, or under a street, alley, or other public way or land, and

2. is designed, constructed, controlled, and maintained by and under the authority and supervision of the Director of Public Works, the Director of General Services, or the Director of Transportation, whichever has jurisdiction, or an authorized representative of the applicable Director.

102.8 Public service structures on streets.

This Code does not apply to any pole, conduit, tunnel, pipe line, manhole, or other similar surface or subsurface structure, including its equipment, that is owned and controlled by a public service corporation, to the extent that:

1. the structure is located on, over, or under a street, alley, or other public way or land,

2. its construction is authorized by the City, and

3. its installation is regulated and supervised by the Director of Public Works, the Director of General Services, or the Director of Transportation, whichever has jurisdiction, or an authorized representative of the applicable Director.

102.9 Property owned or leased by United States or Maryland.

Except as specified in § 102.9.1, land owned by the United States or by the State of Maryland, including any structure owned by either and located on the land, is exempt from this Code.

102.9.1 Exceptions.

The following are not exempt from this Code:

1. land or structures leased by the United States or the State of Maryland from a private owner,

2. land or structures leased by a private owner from the United States or the State of Maryland, and

3. land or structures held by the United States or the State of Maryland pursuant to the foreclosure of a residential mortgage.

102.10 Waterways.

Other than work done by the United States or the State of Maryland, all construction done along the shoreline and waterways within the City must:

1. comply with this Code, and

2. be approved by:

a. the Department of Public Works,

b. the Department of General Services,

c. the Department of Transportation,

d. the Department of Planning,

e. the Fire Department,

f. the Maryland Department of the Environment, and

g. the U.S. Army Corps of Engineers.

102.11 Railroad facilities.

Railroad facilities within a railroad right-of-way are exempt from the provisions of this Code, except for those provisions that relate to sanitary maintenance. However, privately owned structures within a right-of-way are not exempt unless they are ancillary to the railroad.

102.12 Moved structures.

Structures that are moved into or within Baltimore City:

1. must comply with the provisions of this Code for new structures, and

2. may not be used or occupied, in whole or in part, until the Building Official approves an occupancy permit for the structure.

102.13 to 102.14 {Reserved}

102.15 Compliance with Code required.

No structure, premises, land, or equipment may be constructed, altered, added to, repaired, rehabilitated, demolished, moved, located, used, occupied, or maintained in violation of this Code.

102.15.1 Construction of structure.

When constructed, every structure must be located so that it does not create a violation of this Code.

102.15.2 Relocation, etc., of lot lines, etc.

No lot or property line may be moved or relocated and no lot or parcel of land may be subdivided in any way that creates a violation of this Code for any structure.

102.16 Compliance with other laws.

To the extent applicable, all work must also comply with:

1. the Critical Area Management Program of Baltimore City,

2. the Baltimore City Forest and Tree Conservation Program,

3. the Baltimore City Sustainability Plan,

4. the Zoning Code of Baltimore City,

5. City Code Article 6 {"Historical and Architectural Preservation"},

6. any applicable Urban Renewal Plan,

7. the Department of Public Works' rules and regulations governing:

a. stormwater management,

b. soil erosion and sediment control, and

c. discharges to the storm drain system,

8. the Department of Transportation's rules and regulations governing:

a. encroachments into the public right-of-way,

b. developer's agreements, and

c. blasting,

9. the Federal Americans with Disabilities Act,

10. the Maryland Accessibility Code,

11. the Floodplain Management Code, and

12. all other applicable laws, rules, and regulations of the United States, the State of Maryland, and the City of Baltimore.