A. 
The Code of Maryland Regulations, COMAR 05.02.03.03(2) states that the provisions of the Minimum Livability Code found therein do not apply to housing located in a political subdivision that has adopted a local housing code containing provisions that substantially conform to the provisions of COMAR 05.02.03; and
B. 
The Minimum Livability Code set forth herein substantially conforms to those provisions, and it is therefore intended that the adoption of this code shall have the effect of making COMAR .05.02.03 inapplicable in Talbot County, except to the extent the application of those regulations would be more restrictive that the provisions of this code.
This Article I describes the purposes for which this regulation was created, defines its jurisdiction and the terms used herein.
These regulations shall be known as the "Talbot County Minimum Livability Code" and may be referred to throughout as "this code."
A. 
Purpose. This code is created to protect the public health, safety, and welfare in residential structures and premises by:
(1) 
Establishing minimum property maintenance standards for basic equipment and facilities used for light, ventilation, heating and sanitation for residential structures and premises, and for safe and sanitary maintenance of residential structures and premises;
(2) 
Establishing minimum requirements for residential structures and premises for means of egress, fire protection systems and other equipment and devices necessary for safety from fire;
(3) 
Fixing the responsibilities of property owners, operators and tenants of residential structures and premises; and
(4) 
Providing for administration, enforcement and penalties.
B. 
Rulemaking authority. The County Council shall have power as may be necessary in the interest of public safety, health, and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this code to further its intent.
This code shall be construed liberally and justly to protect public health, safety and welfare insofar as they are affected by the continued use and maintenance of residential structures and premises. The Code Official shall decide questions of interpretation of this code.
A. 
General. This code shall apply to residential premises, structures, and housing units, including mobile homes and trailers, used for human habitation except:
(1) 
Owner-occupied single-family housing units;
(2) 
Housing located in the incorporated jurisdictions of the County; or
(3) 
Housing granted a local waiver by the Code Official.
B. 
Local waiver.
(1) 
The Code Official may temporarily waive applicability of this code, in whole or part, to a unit of rental housing on application of the property owner if:
(a) 
Geographical differences or unique local conditions justify the waiver; and
(b) 
Adequate notice is afforded a tenant of the unit; and
(c) 
The tenant is afforded an opportunity to comment on the application either in writing or in person; and
(d) 
The waiver would not threaten the health or safety of a tenant.
(2) 
If a waiver granted by the Code Official extends beyond the term of the lease of the current tenant, any prospective tenant shall be notified in writing, by the landlord, upon application for rental of this unit of housing, that this unit has been granted a waiver from a provision(s) of this code and that his/her occupancy will be subject to that waiver; and
(3) 
Failure by the landlord to notify a prospective tenant that a unit has been granted a waiver shall terminate the waiver.
(4) 
The Code Official may waive applicability of this code if the waiver is granted on the basis of the religious practices of the occupancy of the unit of rental housing.
A. 
Rules of interpretation.
(1) 
Unless otherwise expressly stated, the terms defined in Subsection B of this section shall have the meanings indicated for purposes of the code.
(2) 
Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural the singular.
(3) 
When terms are not defined, through the methods authorized by this section, they shall have their ordinarily accepted meanings such as the context may imply.
B. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
BASEMENT
That portion of a structure which is partly or completely below grade.
BUILDING CODE
The ICC International Building Code as amended or adopted from time to time by Talbot County for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy, or maintenance of premises and structures.
[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CENTRAL HEATING
The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable areas from a source outside of these areas.
CODE
The Minimum Livability Code.
CODE OFFICIAL
The Planning Officer or any duly authorized agent or designee who is authorized to enforce this code or the Building Code.
CONDEMN
To declare a structure or part of it, premises, or equipment unsafe or unfit for use or occupation.
CONDEMNATION ORDER
A written order issued by the Code Official stating that a structure or part of it, premises, or equipment has been condemned and shall be placarded, vacated, and/or placed out of service.
CONFERENCE DIRECTOR
The person who shall preside at a reconsideration.
CONFIRMED ORDER
A written order, issued by the Conference Director, following a reconsideration which affirms all provisions of a previous order issued by the Code Official.
COUNTY
Talbot County, Maryland.
DEFECTS, SERIOUS OR SUBSTANTIAL
Any condition or defect which constitutes, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health or safety of the occupants, including, but not limited to:
(1) 
Lack of heat, of light, electricity, or of hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant's failure to pay the charges; or
(2) 
Lack of adequate sewage disposal facilities; or
(3) 
Infestation of rodents or vermin; or
(4) 
The existence of paint containing lead pigment on surfaces that present a hazard to children; or
(5) 
The existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or
(6) 
The existence of any condition which presents a health or fire hazard to the dwelling unit.
DEMOLITION ORDER
A written order issued by the Code Official to a property owner stating that a vacant structure which has been condemned, not warranting of repairs, and a hazard to the public health, safety or welfare must be demolished.
EXTERMINATION
The control and elimination of insects, rodents, or other pests by:
(1) 
Eliminating their harborage places;
(2) 
Removing or making inaccessible materials that may serve as their food;
(3) 
Poison spraying, fumigating, trapping, or by any other pest-elimination methods which have received all necessary and legally required approvals.
FINAL ORDER
A written order issued by the Code Official to a property owner or tenant when compliance with a previous order has not been met.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE AREA
The space in a structure used for living, sleeping, eating, or cooking including bathrooms and toilet compartments. Closets, halls, storage or utility space, and similar areas are not considered habitable areas.
HOUSING UNIT
A single unit of a structure providing or intended to provide complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation.
INFESTATION
The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests in such number as to be considered troublesome and/or a threat to the health of the occupants.
MAINTENANCE
The repair and other acts intended to prevent a decline in the condition of a structure, housing unit premises, or equipment below the standards established by this code and other applicable statutes, codes, and ordinances.
MODIFIED ORDER
A written order, issued by the Conference Director, following a reconsideration which modifies or revokes all or part of the provisions of a previous order issued by the Code Official.
OCCUPANT
An individual having the right to legal possession of a space within a housing unit or structure.
OPERATOR
A person who has charge, care, or control of a housing unit, structure or premises which is occupied or offered for occupancy.
PERSON
Includes an individual, partnership, limited partnership, trust, estate, association or corporation.
PLANNING OFFICE
The Talbot County Office of Planning and Zoning.
PLUMBING
The practice, materials, facilities, and fixtures used in the installation, maintenance, extension or alteration of all piping, fixtures, appliances, and appurtenances within the scope of the applicable Plumbing Code.
[2]
PLUMBING FIXTURE
A receptacle or device which:
(1) 
Is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water from it; or
(2) 
Discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or
(3) 
Requires both a water supply connection and a discharge to the drainage system of the premises.
PREMISES
A lot, plat or parcel of land including the structures on it.
PROPERTY OWNER
A person having a legal or equitable interest in the premises, including the guardian of the estate of the person, or the executor or administrator of the estate of the person if ordered to take possession of the premises by a court.
RECONSIDERATION
An informal conference in which any interested person may request the Conference Director to modify or revoke the terms of any order or notice issued by the Code Official.
REPAIR ORDER
A written order issued by the Code Official to a property owner or tenant, to correct or eliminate any violation of this code, or to restore, replace, or construct any improvement to a housing unit or structure to comply with this code.
ROOMING HOUSE or BOARDINGHOUSE
Any building containing one or more rooming units which is used or designed to be used, with or without meals, as an abiding place for three or more persons who are not related to the owner or lessee of the same, and shall include but is not limited to hotels, motels, lodging houses, or other buildings with a similar use.
RUBBISH
Paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials as well as the residue from the burning of wood, coal, coke, and other combustible materials.
STRUCTURE
A residential structure used for human habitation, including one or more housing units.
TENANT
An occupant other than a property owner.
VENTILATION
(1) 
VENTILATIONThe process of supplying and removing air by natural or mechanical means to or from a space.
(2) 
MECHANICAL VENTILATIONVentilation by power-driven devices.
(3) 
NATURAL VENTILATIONVentilation by opening to outer air through windows, skylights, doors, louvers, or stacks without power-driven devices.
WORKING DAY
Any day on which offices of the Talbot County government are open for normal business.
[1]
Editor's Note: See Ch. 28, Building Construction.
[2]
Editor's Note: See Ch. 112, Plumbing Standards.