Section 104. Duties and Powers of Building Official
104.1 General.
Except as otherwise specifically provided by law, the Building Official:
1. administers and enforces all provisions of this Code and the provisions of all other ordinances, laws, {rules,} or regulations relating to the matters provided for in this Code, and
2. may act on any question relative to the manner of and the materials to be used in the construction, alteration, addition, repair, rehabilitation, demolition, moving, location, use, occupancy, and maintenance of all structures and in the installation of equipment.
104.1.1 Interpretations, rules, and regulations.
The Building Official may:
1. render interpretations of this Code, and
2. subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, adopt rules and regulations to carry out this Code.
104.2 Applications and permits. {As in IBC}
104.2.1 Determination of substantially improved or substantially damaged existing structures in flood hazard areas.
For applications for reconstruction, rehabilitation, addition, or other improvement of an existing structure in a flood hazard area, the Building Official must examine the construction documents and prepare findings with regard to whether the structure has sustained "substantial damage" and whether the proposed improvement is a "substantial improvement", as these terms are defined in and calculated under the Floodplain Management Code. The Building Official must submit these findings to the Floodplain Manager for a determination of "substantial improvement". Applications determined by the Floodplain Manager to constitute a "substantial improvement" require full compliance with the requirements of the Floodplain Management Code.
104.3 to 104.5 {As in IBC}
104.6 Right of entry.
In the performance of his or her duties, the Building Official may enter any land, structure, or premises in the City to enforce this Code, at any reasonable time or, in an emergency that might endanger public health or safety, at any time.
104.6.1 Entry without notice or warrant.
Neither a search warrant nor prior notice is needed in any of the following circumstances:
1. if entry is by permission or at the request of an occupant of the land, structure, or premises or a person with apparent right of possession,
2. if the land, structure, or premises is open and accessible to members of the general public,
3. if the Building Official reasonably believes that an imminent danger to health or safety exists or might exist, or
4. immediately after an accident or disaster that causes the Building Official to believe that immediate entry is necessary for investigative purposes or to protect property or public health or safety.
104.6.2 Authority to seek warrant.
Where appropriate, the Building Official may seek a search warrant to enter any land, structure, or premises in the City to make an inspection or to take any other authorized action to administer and enforce:
1. this Code (including the standards and codes incorporated in it), or
2. any of the following (collectively "related laws"):
a. the Health Code of Baltimore City,
b. the Zoning Code of Baltimore City,
c. an Urban Renewal Plan,
d. City Code Article 6 {"Historical and Architectural Preservation"}, or
e. any other related statute, ordinance, rule, or regulation for the protection of the health and safety of the residents of Baltimore City.
104.6.3 Warrant after prior notice.
Before the Building Official may apply for a warrant to make a routine inspection or spot check to determine if a violation exists, the Building Official must give prior notice of his or her intent to the occupant or other person with apparent right of possession or, in the case of an unoccupied structure or premises, to the owner, the owner's agent, or other person in apparent control of the structure or premises.
104.6.3.1 Contents of notice.
The notice must:
1. state the date and time at which the Building Official will be present to make the inspection or spot check, and
2. inform the person notified that he or she may reschedule the inspection or spot check to a reasonable date and time by contacting the Building Official before the stated date.
104.6.3.2 Service of notice – Occupied property.
If the structure or premises is occupied, the notice must be either:
1. mailed or delivered to the occupant or person with apparent right of possession, or
2. posted conspicuously at or near the entrance to the structure or premises.
104.6.3.3 Service of notice – Unoccupied property.
If the structure or premises is unoccupied, the notice must be mailed or delivered to the last-known address of the owner, agent, or other person in apparent control.
104.6.3.4 Obtaining warrant.
After notice has been given, if the person notified fails to arrange for, denies, or unduly delays the entry, the Building Official may apply to a court of competent jurisdiction for a search warrant to authorize entry for the inspection or spot check.
104.6.3.5 Probable cause.
Probable cause for a search warrant under this § 104.6.3 exists if:
1. the notice required by this § 104.6.3 has been given, and
2. the inspection is:
a. a spot check made at random or restricted to a few sample structures or premises in a designated area to determine if a building-by-building survey is necessary,
b. a routine inspection based on a general administrative plan for the enforcement of this Code or any related law, or
c. a routine inspection to determine compliance with a notice or order issued under § 123 {"Notices"} of this Code.
104.6.4 Warrant without prior notice.
The Building Official may apply for a search warrant to enter a structure or premises without giving the prior notice otherwise required by § 104.6.3, if there is probable cause to believe that a violation of this Code or a related law exists in the structure or on the premises.
104.6.4.1 Probable cause.
Probable cause for a search warrant under this § 104.6.4 includes, among other appropriate circumstances, the following:
1. the inspection is to identify lead-based hazards in a dwelling unit that is the last-reported address of a child who, by notice from a health care provider or the State Department of the Environment to the Building Official or the Health Commissioner, is reported to have been diagnosed with a venous blood-lead level of 5 micrograms per deciliter or more, or
2. untreated lead-based paint hazards have been found in a unit of a multiple-family dwelling in which a child who has been diagnosed with a venous blood-lead level of 5 micrograms per deciliter or more resides and entry is needed to other units of the dwelling to determine compliance with law.
104.6.5 Application for warrant.
The application for a search warrant must be:
1. signed and sworn to by the Building Official, and
2. accompanied by an affidavit containing facts within the personal knowledge of the affiant:
a. that probable cause for issuance of a search warrant exists, and
b. in cases where prior notice is required, that notice has been given and entry has not been arranged for or has been denied or unduly delayed by the person notified.
104.6.6 Contents of warrant.
The search warrant must name or describe, with reasonable particularity:
1. the place to be inspected,
2. the reason for the inspection, and
3. the name of the applicant on whose written application the warrant was issued.
104.6.7 Execution of warrant.
An inspection under the search warrant must be made within 15 days of the date the warrant was issued. At the end of that 15-day period, the warrant is void.
104.6.8 Dwelling units.
Except as provided in § 104.6.8.1, no inspector who gains entrance to a dwelling for the purpose of enforcing this Code or any related law may obtain or furnish evidence of, or testify to, any offense other than violations of this Code or of any related law.
104.6.8.1 Exception.
The limitations of § 104.6.8 do not apply to:
1. a felony, or
2. a misdemeanor involving an act of violence and committed in the inspector's presence.
104.7 Department records. {As in IBC}
104.8 Liability. {Not Adopted. See State Courts Article § 5-302.}
104.9 Approved materials and equipment. {As in IBC}
104.10 Modifications. {As in IBC}
104.10.1 Flood hazard areas. {Not Adopted}
{Note: For the establishment of Regulated Flood Hazard Areas and the special regulations and limitations governing development within those areas, see the Floodplain Management Code, City Code Article 7 {"Natural Resources"}, Division I {"Floodplain Management"}.}
104.11 Alternative materials and methods.
The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, as long as that alternative has been approved. An alternative material or method of construction may be approved if the Building Official finds in writing that, for the purpose intended:
1. the proposed alternative is satisfactory and complies with the intent of this Code, and
2. the material, method, or work offered is at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability, and safety.
104.11.1 Research reports. {As in IBC}
104.11.2 Tests. {As in IBC}