Section 105. Permits

105.1 Required.

A permit issued by the Building Official is required before any person may do any of the following work:

1. construct, alter, add to, repair, rehabilitate, demolish, or move any structure,

2. change the use of any structure or land,

3. install or alter any equipment subject to this Code,

4. move a lot line that affects any structure,

5. perform any grading or excavating,

6. undertake, cause, or allow any addition, alteration or other action described in either of the following provisions of City Code Article 6 {"Historical and Architectural Preservation"}:

a. § 8-2(a) {"Building permit required: Exterior structures"}, describing actions for or with respect to any structure:

i. within an Historical and Architectural Preservation District,

ii. on the Landmark List: Exteriors, or

iii. on the potential-Landmark List: Exteriors, or

b. § 8-2(b) {"Building permit required: Public interiors"}, describing actions for or with respect to any structure:

i. on the Landmark List: Public Interiors, or

ii. on the potential-Landmark List: Public Interiors, or

7. on transfer of ownership or operation of property, continue any of the following uses, as defined in City Code Article 32 {"Zoning"}:

a. banquet hall,

b. body art establishment,

c. carry-out food shop,

d. day-care center: adult or child,

e. drive-through facility,

f. entertainment: live or indoor,

g. fuel station,

h. health-care clinic,

i. lodge or social club,

j. lounge,

k. pawn shop,

l. personal services establishment,

m. restaurant,

n. retail: big box establishment,

o. retail goods establishment – with our without alcoholic beverage sales, or

p. tavern.

105.1.1 Annual permit. {As in IBC}

105.1.2 Annual permit records. {As in IBC}

105.1.3 By whom application to be made.

Except as otherwise specified in Chapter 27 {"Electrical"}, Chapter 28 {"Mechanical Systems"}, and Chapter 29 {"Plumbing Systems"}, the application for a permit must be made as follows:

1. for a demolition or moving permit, by the owner of the property to be demolished or moved,

2. for a permit to remove formstone, paint, or other material from exterior surfaces, by the licensed contractor employed to do the proposed work,

3. for a permit to do work involving underpinning or a retaining foundation wall, by the licensed contractor employed to do the proposed work, and

4. for all other permits, by:

a. the owner or lessee of the structure,

b. the agent of the owner or lessee, or

c. the licensed engineer or architect employed in connection with the proposed work.

105.1.4 Work done without permit.

A person who does any work without a permit, or outside or beyond the scope of a permit, or in a manner inconsistent with plans or drawings approved as part of a permit application, or after a permit is revoked for any reason, must obtain a permit for that work, even if already completed, and pay the appropriate permit fee and penalty surcharge.

105.1.5 Special professional services.

In addition to and without limiting any other requirements of or authority granted by this Code, the Building Official may require, as a term or condition of a permit, that a registered design professional or other licensed specialist or expert perform specific work or sign and seal specific plans, computations, specifications, or statements.

105.2 Work exempt from permit.

An exemption from the permit requirements of this Code does not authorize any work to be done in a manner that violates a provision of this Code or of any other law. Permits are not required for the following:

Building:

1. {As in IBC and subject to all local, state, and federal laws}

2. to 4. {Not Adopted}

5. {As in IBC}

6. {Not Adopted}

7. Interior painting, papering, tiling, carpeting, cabinets, counter tops, and similar interior finish work.

8. {Not Adopted}

9. {As in IBC}

10. Shade cloth or plastic film structures, commonly known as "hoophouses", constructed for nursery or agricultural purposes. not including service systems. The covering of the structure must be a material that conforms to NFPA 701 standards.

11. {As in IBC}

12. {Not Adopted}

13. {As in IBC}

14. Removal of debris, except in cases of interior or exterior demolition.

15. Boarding exterior openings with plywood.

16. Minor repair or patching of drywall or plaster.

17. Replacing roof shingles.

18. Replacing roof tarring.

19. Installing a temporary door on a structure subject to a vacant building notice.

Electrical:

Repairs and maintenance: {As in IBC}

Radio and television transmitting stations: {Not Adopted}

Temporary Testing Systems: {As in IBC}

Gas: {Not Adopted}

Mechanical: {Not Adopted}

Plumbing: {As in IBC}

105.2.1 Emergency repairs. {As in IBC}

105.2.2 Public service agencies. {As in IBC}

105.3 Application for permit.

To obtain a permit, the applicant must first file an application on the form provided by the Building Official for that purpose. The application must:

1. identify and describe the work to be covered under the permit,

2. describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work,

3. indicate the use and occupancy for which the proposed work is intended,

4. specify the gross floor area, as defined in Baltimore City Zoning Code § 1-306(j) {"Floor Area: Gross (GFA)"}, involved in the proposed work,

5. specify the number of dwelling units, if any, involved in the proposed work,

6. be accompanied by the construction documents and other information required by § 107 {"Construction Documents"} of this Code, and

7. if the property is located within an Historical and Architectural Preservation District or included on the City's Landmark List or Potential-Landmark List, be forwarded to the Commission for Historical and Architectural Preservation, for review and action under City Code Article 6 {"Historical and Architectural Preservation"}, Subtitle 8 {"Alterations, etc., to or Affecting Properties"},

8. state the valuation of the proposed work,

9. if the proposed work will replace any existing structure, be accompanied by photographs that depict the existing conditions and existing structures on the site,

10. include a detailed disposal plan on the form provided by the Building Official for that purpose, if:

a. the proposed work includes interior or exterior demolition, and

b. the Building Official requires the applicant to provide a detailed disposal plan,

11. identify the parties by providing:

a. the full names, phone numbers, addresses, and (if available) email addresses of the owner, lessee, and applicant,

b. the full name, phone number, address, and (if available) email address of a person who can be contacted at all times in case of an emergency, and

c. if the owner, lessee, or applicant is a corporation, partnership, limited liability company, or other entity, full names, phone numbers, addresses, and (if available) email addresses of its officers, partners, or members, as the case may be,

12. provide any other data and information that the Building Official requires,

13. be signed by the applicant, or the applicant's authorized agent,

14. if signed by an agent, be accompanied by:

a. proof of agency, and

b. proof of the agent's identity, by copy or presentation of a valid Maryland driver's license or other Maryland identification, and

15. if the application is for a permit for public assemblies – annual or a permit for public assemblies – short term, as described in section 109.6.5 of this Code, the application shall be:

a. filed at least 45 days before the event date, and

b. signed by the applicant or the applicant’s agent.

105.3.1 Action on application.

105.3.1.1 General.

The Building Official must examine all applications for permits within a reasonable time after filing. If the application or the proposed work does not conform to the requirements of this Code or any other applicable law, the Building Official must reject the application in writing, stating the reasons for the rejection. If the Building Official is satisfied that the application and the proposed work conform to the requirements of this Code and all other applicable laws, the Building Official must issue the permit as soon as practicable.

105.3.1.2 Referral to assess need for traffic mitigation.

Within 15 business days of receiving a completed application, the Building Official must refer the application and all accompanying documents to the Director of Transportation, for review and action under Chapter 38 {"Traffic Impact and Mitigation"} of this Code, if:

1. traffic mitigation requirements for the proposed work have not already been complied with in accordance with this Code or the Baltimore City Zoning Code; and

2. the proposed work:

a. is in a Traffic-Mitigation Zone designated under Chapter 38 {"Traffic Impact and Mitigation"} of this Code and involves 10 or more dwelling units,

b. involves 15,000 sq. ft. or more of gross floor area (as defined in Baltimore City Zoning Code § 1-306(j)), or

c. involves 50 or more dwelling units.

105.3.2 Time limitation of application. {As in IBC}

105.3.3 Bond for exterior removal of formstone, paint, etc.

An application for a permit to remove formstone, paint, or other material from exterior surfaces must be accompanied by evidence satisfactory to the Building Official that the applicant has obtained a bond to cover the City's expense in the event of a spill or failure to properly dispose of hazardous waste. The bond must be in an amount of at least $10,000.

105.4 Validity of permit. {As in IBC}

105.5 Expiration; extension; reinstatement for final inspection.

Unless an extension is granted, every permit expires and becomes invalid on the expiration date specified on the permit or, if earlier, as provided in this § 105.5.

105.5.1 Expiration – General.

Except as specified in § 105.5.2, a permit expires if:

1. the work authorized by the permit is not begun on the site within 180 days after the permit is issued, or

2. the work authorized by the permit is abandoned or suspended on the site for 180 days or more.

105.5.2 Expiration – Condemnation, demolition.

A permit issued to comply with a condemnation notice served under § 123 {"Notices"} of this Code or to comply with a demolition order issued under § 116 {"Unsafe Structures"} of this Code expires if:

1. the work authorized by the permit is not begun on the site within 30 days after the permit is issued, or

2. the work authorized by the permit is not completed within 90 days after the permit is issued.

105.5.3 {Reserved}

105.5.4 Extensions – General.

On a timely written application and for justifiable cause demonstrated, the Building Official may grant 1 or more extensions. Except as specified in § 105.5.5:

1. the application for an extension must be made within 90 days after the permit expires, and

2. each extension is limited to a period of not more than 180 days, unless otherwise authorized by the Building Official.

105.5.5 Extensions – Condemnation, demolition.

For a permit issued to comply with a condemnation notice or a demolition order:

1. the application for an extension must be made within 90 days after the date that the permit expired and

2. each extension must be limited to a period of not more than 90 days.

105.5.6 Reinstatement for final inspection.

An expired permit may be reinstated by the Building Official for a final inspection if:

1. the application for reinstatement is made within 3 years of the permit's expiration;

2. all rough-in inspections were completed and approved by the Building Official; and

3. all of the work is complete.

105.5.7 Single reinstatement allowed.

An expired permit may be reinstated by the Building Official for a final inspection only once.

105.5.8 Compliance with violation notice or order.

The expiration date of a permit does not in any way extend the time required to comply with a violation notice or order.

105.6 Suspension or revocation.

The Building Official may suspend or revoke a permit issued under this Code if:

1. the work is being done in violation of the permit, of this Code, or of any other applicable law{, rule,} or regulation,

2. the permit was issued:

a. in error or on the basis of incorrect, inaccurate, or incomplete information, or

b. in violation of this Code or of any other law{, rule,} or regulation, or

3. any Federal, State, or City agency suspends or revokes any license or takes any other action that diminishes the ability to use any portion of the property in any way for which the permit was granted under this Code.

105.7 Placement of permit. {As in IBC}

105.8 Separate structures.

Whenever work is being done on two or more independent structures on the same property, a separate permit is required for each independent structure.

105.9 Special requirements for demolition or moving.

105.9.1 Pre-permit requirements.

A permit may not be granted for demolishing or moving a structure unless the applicant complies with the following.

105.9.1.1 Inspector consultation.

The applicant must have attended an on-site, pre-demolition or pre-moving inspector consultation to discuss and confirm:

1. appropriate hosing/wetting requirements and procedures,

2. notification requirements, and

3. any other matters the Building Official requires.

105.9.1.2 Written notice to adjoining owners, etc.

The applicant must have given written notice to:

1. the owners of all properties that are physically attached to the structure subject to demolition or moving, and

2. the owners of any wired or other facilities that might have to be temporarily removed because of the proposed work.

105.9.1.2.1 Contents of notice.

The written notice must:

1. indicate the intent to demolish or move the structure,

2. specify when the work is expected to begin,

3. identify the contractor scheduled to perform the demolition or moving, and

4. provide the full name, phone number, address, and (if available) email address of an agent of the contractor who can be reached at all times in case of an emergency.

105.9.2 Pre-demolition, moving requirements.

Before beginning any demolition or moving operations, the permit holder must comply with the following.

105.9.2.1 Posted notice.

Public notice of the demolition or moving must be posted on the premises at least 5 days before the scheduled action, but not more than 10 days before the scheduled action.

105.9.2.1.1 Sign requisites – General.

The sign must be:

1. at least 4 feet wide and 3 feet high,

2. written in black lettering, at least 2 inches high, on a yellow background,

3. conspicuously posted, clearly visible and legible to the public, and with the bottom of the sign not less than 5 feet nor more than 10 feet above ground level, and

4. maintained in good condition until the time of the demolition or moving.

105.9.2.1.2 Sign requisites – Multiple structures.

If the demolition or moving involves 2 or more structures on the same or adjoining properties:

1. 1 sign meeting the specifications of § 105.9.2.1.1 must be conspicuously posted, clearly visible and legible to the public, and with the bottom of the sign not less than 5 feet nor more than 10 feet above ground level, and

2. each individual structure must be posted with a sign that is:

a. at least 17 inches wide and 11 inches high,

b. written in black lettering on a yellow background,

c. conspicuously posted, clearly visible and legible to the public, and with the bottom of the sign not less than 5 feet nor more than 10 feet above ground level, and

d. maintained in good condition until the time of the demolition or moving.

105.9.2.1.3 Proof of posting.

The permit holder must submit to the Building Official photographic evidence of the posting required by this section.

105.9.3 Inspector presence.

At least 24 hours before beginning the demolition or moving operation, the contractor must contact the Building Official to schedule the presence of an inspector at the beginning of the demolition or moving operation.

105.9.4 Failure to comply.

Failure to comply with the requirements of this § 105.9 may result in revocation of the permit.

105.10 Required corrections.

The issuance of a permit does not prevent the Building Official from later requiring the correction of errors in any plans, drawings, work, or operations.

105.11 Post -work proof of disposal.

If a permit holder was required to submit a detailed disposal plan as described in § 105.3.10 of this chapter, and the permit holder fails to submit proof of waste and refuse disposal to the Building Official upon completion of the work for which the permit was granted:

1. the Building Official may not finalize the permit,

2. the Building Official may not issue an Occupancy Permit for the structure on which the work was performed, and

3. the permit holder is subject to a penalty established under City Code Article 1, § 40-14(e)(5c) {"Violations to which subtitle applies"}.

105.12 {Reserved}

105.13 Inspection registration permits.

An inspection registration permit issued by the Building Official is required before any person may use any land or structure for:

1. a place of public assembly, including any assembly hall, auditorium, bowling lane, dance hall, exhibition hall, motion picture theater, musical hall, opera house, pool parlor, skating rink, sports arena, stadium, or theater, or

2. any roof tank or roof sign.