This Article II contains minimum standards for the general structure and premises conditions; plumbing, electrical, and mechanical facilities; light and ventilation standards and firesafety requirements. Subject to the exceptions in § 88-6, no person may rent or lease any housing unit to another person for occupancy or use unless the structure and premises comply with the provisions set forth in this Article II; § 88-14 of this article describes the standards for making repairs or alterations that may be required pursuant to the enforcement of this code.
A.
Scope. The provisions of this section shall establish
the minimum standards for maintenance of premises and structures.
C.
Exterior structure.
(1)
General. The exterior of a structure shall be maintained
in good repair and shall be structurally sound and maintained in a
sanitary condition so as not to pose a threat to the health, safety,
or welfare of the occupants.
(2)
Structural members. Supporting structural members
of a structure shall be kept structurally sound, free of deterioration,
and maintained so that they are capable of safely bearing the dead
and live loads imposed upon them.
(3)
Exterior surfaces. Each foundation, exterior wall,
roof, and all other exterior surfaces shall be maintained in good
repair and shall be kept in such condition as to exclude rodents and
other pests.
(4)
Foundation walls. Foundation walls shall be structurally
sound and shall be maintained free from open cracks and breaks that
would be hazardous or unsafe.
(5)
Exterior walls.
(a)
Each exterior wall shall be free of holes, breaks,
loose or rotting boards or timbers, and any other conditions which
might admit rain or dampness to the interior portions of the walls
or to the occupied areas of the structure.
(b)
All exterior surface materials, including wood,
composition, or metal or vinyl siding, shall be maintained weatherproof
and shall be properly surface-coated when required to prevent deterioration.
(6)
Roofs and drainage. The roof shall be structurally
sound, and may not have defects which might admit rain. Roof drainage
shall be adequate to prevent rainwater from causing dampness or deterioration
in the walls or interior portion of the structure.
(7)
Decorative features. All cornices, entablatures, belt
courses, corbels, terra-cotta trim, wall facings and similar decorative
features shall be maintained in good repair with proper anchorage
and in a safe condition.
(8)
Signs, marquees, and awnings. All canopies, marquees,
signs, metal awnings, stairways, fire escapes, standpipes, exhaust
ducts, and similar overhang extensions shall be maintained in good
repair, be properly anchored and kept in a safe and sound condition.
They shall be protected from the elements and against decay and rust
by the periodic application of a weather-coating material such as
paint or other protective treatment.
(9)
Chimneys.
(a)
All chimneys, cooling towers, smokestacks, and
similar appurtenances shall be maintained structurally sound, safe
and in good repair, and shall be kept in such condition as to exclude
rodents and other pests.
(b)
All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials such as paint or similar
surface treatment.
(10)
Stairs and porches. Each exterior stair, porch, fire
escape, balcony, and all appurtenances attached to them shall be safe
to use and capable of supporting the anticipated loads and shall be
maintained in a safe and sound condition and good repair.
(11)
Windows, doors and frames.
(a)
Exclusion of rain, rodents, and wind. Each window,
door, and frame shall be maintained so as to exclude rain and rodents
as completely as possible, and to substantially exclude wind from
entering the structure.
(b)
Weathertight. Each window and exterior door
shall be fitted reasonably in its frame and be weathertight. Each
window shall be free of cracks and holes that would be hazardous or
unsafe.
(12)
Insect screens.
(a)
During the period from April 1 to December 1,
every door and window or other outside opening used for ventilation
purposes shall be supplied with tight-fitting insect screens.
(b)
Exception. Upon the prior approval of the Code
Official, screens may not be required for exterior doors or other
types of openings which make screening impractical, such as openings
equipped with air-conditioning units or openings above the fourth
floor. The Code Official may require alternatives to screens.
(13)
Door hardware. Each exterior door and its hardware
shall be maintained in good condition. Door locks on doors entering
individual housing units shall be in good repair and capable of tightly
securing the door.
D.
Interior structure.
(1)
General. The interior of a structure and its equipment
and facilities shall be maintained in good repair, structurally sound,
and in a sanitary condition so as not to pose a threat to the health,
safety, or welfare of the occupants.
(2)
Structural members. The supporting structural members
of a structure shall be maintained structurally sound, free of deterioration,
and maintained capable of safely carrying the imposed loads.
(3)
Interior surfaces. Floors, walls (including windows
and doors), ceilings, and other interior surfaces shall be maintained
in good repair and in a clean, safe and sanitary condition.
(4)
Bathroom and kitchen floors. Each toilet, bathroom,
and kitchen floor surface shall be maintained so as to be substantially
impervious to water to permit the floor to be easily kept in a clean
and sanitary condition.
(5)
Sanitation.
(a)
The interior of a structure shall be maintained
in a clean and sanitary condition free from any accumulation of rubbish
or garbage.
(b)
Rubbish or garbage shall be properly kept inside
temporary storage containers.
(c)
Garbage or rubbish may not be allowed to accumulate
or be stored in public halls or stairways.
(6)
Insect and rodent harborage.
(a)
A structure shall be kept free from infestation,
and where infestation is found, the area shall be promptly exterminated
by processes which are not injurious to human health.
(7)
Exit doors. Each door available as an exit shall be
capable of being opened easily from the inside.
(9)
Lead-based paint.
(a)
Lead-based paint and removal shall be in accordance
with standards approved by the State or County Health Department.
(b)
Lead-based paint shall not be applied to an
interior surface of a building. Existing interior painted surfaces
of a housing unit that present a health hazard due to lead paint shall
be removed of lead paint or covered with paneling or other suitable
covering approved by the Code Official.
(c)
Painted surfaces in good condition need not
be removed or covered unless they present a potential hazard (biting
surface) for children.
A.
General.
(1)
Scope. The provisions of this section shall govern
the minimum standards for basic equipment and facilities used for
light and ventilation of a structure.
(2)
Alternative methods and devices. In place of the means
for natural light and ventilation prescribed in this regulation, alternative
arrangement of windows, louvers, or other devices or methods that
will provide the equivalent minimum performance requirements shall
be permitted in order to comply with the code.
B.
Light.
(1)
General. All areas in a structure shall be provided
sufficient light so as not to endanger health and safety. All areas
in a structure shall be provided with natural light or equipment to
accommodate artificial light of sufficient intensity and distributed
so as to permit the maintenance of sanitary conditions and the safe
use of the area and the appliances, equipment and fixtures.
(2)
Common halls and stairways. Each common hall and stairway
in a structure, other than one- and two-family structures, shall be
adequately lighted at all times with an illumination equivalent to
the footcandles provided by at least a sixty-watt standard incandescent
light bulb for each 200 square feet of floor area, provided that the
spacing between lights may not be greater than 30 feet. Every exterior
stairway shall be illuminated.
C.
Ventilation.
(1)
General. All areas in a structure shall be provided
sufficient ventilation so as not to endanger health and safety.
(2)
Mechanical ventilation.
(a)
When mechanical ventilation is provided instead
of natural ventilation, the mechanical ventilating system shall be
maintained in operation during the occupancy of the structure or portion
of it.
(b)
When a part of the air provided by a mechanical
ventilation system is recirculated, the portion or volume of air recirculated
may not be recirculated to a different habitable area.
A.
Scope. The provisions of this section shall govern
the minimum standards for plumbing facilities and fixtures.
B.
Required plumbing facilities. Each housing unit shall
include its own plumbing facilities, which shall be maintained in
proper operating condition, can be used in privacy, and are adequate
for personal cleanliness and the disposal of human waste. The following
minimum plumbing facilities shall be supplied and maintained in a
sanitary and safe working condition:
(1)
Water closet and lavatory.
(a)
Each housing unit shall contain within its walls
a room separate from other habitable areas, which provides a water
closet supplied with cold running water and which affords privacy.
(b)
A lavatory shall be placed in the same room
as the water closet or located in another room, in close proximity
to the door leading directly into the room in which the water closet
is located.
(c)
The lavatory shall be supplied with hot and
cold running water.
(2)
Bathtub or shower. Each housing unit shall contain
a room which is equipped with a bathtub or shower supplied with hot
and cold running water and which affords privacy.
(3)
Kitchen sink. Each housing unit shall contain a kitchen sink apart from the lavatory required under Subsection B(1). The sink shall be supplied with hot and cold running water.
(4)
Rooming houses. Every rooming house shall provide
at least one water closet, lavatory basin, and bathtub or shower for
each four rooming units.
C.
Alternative plumbing. Alternative plumbing facilities
and fixtures for use in housing units or rooming units may be allowed
as approved on a case-by-case basis.
D.
Plumbing fixtures.
(1)
General. All plumbing fixtures shall be maintained
in a safe and usable condition. All plumbing fixtures shall be of
nonabsorbent material and shall have received all necessary and legally
required approvals.
(2)
Connections.
(a)
Water supply lines, plumbing fixtures, vents,
and drains shall be properly installed, connected and maintained in
working order and shall be kept free from obstructions, leaks, and
defects and shall be capable of performing the function for which
they are designed.
(3)
Maintenance. All plumbing fixtures shall be maintained
in a clean and sanitary condition so as not to breed insects and rodents,
or produce dangerous or offensive gasses or odors.
(4)
Access for cleaning. Plumbing fixtures shall be installed
to permit easy access for cleaning both the fixture and the area around
it.
E.
Water system.
(1)
General. Each sink, lavatory, bathtub or shower, drinking
fountain, water closet, or other plumbing facility shall be properly
connected to either a public water system or to a private water system
which has received all necessary and legally required approvals.
(2)
Contamination. The water supply shall be maintained
free from contamination. All water inlets for plumbing fixtures shall
be located above the overflow rim of the fixture.
(3)
Water supply. The water supply system shall be installed
and maintained to provide at all times a supply of water to plumbing
facilities, fixtures, devices, and appurtenances in sufficient volume
and at pressures adequate to enable them to function satisfactorily.
(4)
Water heating facilities.
(a)
Water heating facilities shall be installed
in a manner which has received all necessary and legally required
approvals, properly maintained, and properly connected with hot water
lines to the fixtures required to be supplied with the hot water.
(b)
Water heating facilities shall be capable of
heating water to such a temperature so as to permit an adequate amount
of water to be drawn at every kitchen sink, lavatory, basin, bathtub,
shower, and laundry facility or other similar facilities, at a temperature
of not less than 110º F.
(5)
Alternative water systems. Alternative water systems
may be allowed as approved on a case-by-case basis.
F.
Sewage system.
(1)
General. Each sink, lavatory, bathtub or shower, drinking
fountain, water closet or other plumbing facility shall be properly
connected to either a public sewer system or private sewage disposal
system which has received all necessary and legally required approvals
and is maintained in good working order.
(2)
Maintenance.
(a)
Each plumbing stack, waste and sewer line shall
be installed and maintained so as to function properly and shall be
kept free from obstructions, leaks, and defects to prevent structural
deterioration or health hazards.
(b)
All repairs and installations shall be made
in accordance with the provisions of the Talbot County Building and
Plumbing Codes in effect at the time of the repairs and installations.
A.
General. The provisions of this section shall govern
the minimum standards for mechanical and electrical facilities and
equipment.
B.
Heating facilities.
(1)
Facilities required.
(a)
Minimum temperature. Each housing or rooming
unit shall be supplied by the landlord with sufficient heat or heating
equipment capable of supplying sufficient heat during the period from
October 1 to May 15 to maintain a room temperature of not less than
65º F. in all habitable areas during the hours between 6:30 a.m.
and 10:30 p.m. of each day and maintain a temperature of not less
than 60º F. during other hours. The temperature shall be measured
at a point three feet above the floor and three feet from exterior
walls.
(b)
Exception. When the exterior temperature falls
below 0º F. and the heating system is operating at its full capacity,
a minimum room temperature of 60º F. shall be maintained at all
times.
(2)
Cooking and heating equipment.
(a)
All cooking and heating equipment, components,
and accessories in every heating, cooking, and water heating device
shall be maintained free from leaks and water flow obstructions, and
kept functioning properly so as to be free from fire, health, and
safety hazards.
(b)
All installations and repairs shall be made
in accordance with the provisions of the Talbot County Building Code,
or other applicable laws or ordinances thereto in effect at the time
of the repairs and installations.
(c)
Portable cooking equipment employing flame is
prohibited, except for residential-type food trays or salvers which
are heated by a candle or alcohol lamp and which have received all
necessary and legally required approvals.
(3)
Installation. All mechanical equipment used for heating
and cooking shall be properly installed and safely maintained in good
working condition, and shall be capable of performing the function
for which it was designed and intended.
(4)
Fuel-burning equipment. All fuel-burning equipment,
including wood-burning stoves, shall be connected to a chimney, flue,
or vent in accordance with applicable codes or according to manufacturer's
instructions.
(5)
Clearances. All necessary and legally required clearances
to combustible materials shall be maintained.
(6)
Safety control. All safety controls for fuel-burning
equipment shall be maintained in effective operation in accordance
with applicable codes, or according to manufacturer's instructions.
(7)
Combustion air. A supply of air for complete combustion
of the fuel and for ventilation of the space shall be provided the
fuel-burning equipment.
(8)
Unauthorized devices. Devices purporting to reduce
gas consumption by attachment to a gas appliance, the gas supply line,
or the vent outlet or vent piping may not be used unless labeled for
that use and the installation has specifically received all necessary
and legally required approvals.
(9)
Fireplaces. Fireplaces, and similar devices, including
wood-burning stoves, intended for use similar to a fireplace shall
be stable and structurally safe and connected to chimneys which have
received all necessary and legally required approvals.
(10)
Space heaters. Portable space heaters requiring
kerosene are prohibited.
(11)
Climate control. When equipment for interior
climate control (heating, cooling, and humidity) are integral functions
of housing units, this equipment shall be maintained and operated
in accordance with the designed capacity.
C.
Electrical facilities.
(1)
Facilities required. A structure shall be adequately
and safely provided with an electrical system in compliance with the
requirements of this section.
(2)
Receptacles. Each habitable area in a housing unit
and/or rooming unit shall contain at least two separate floor or wall-type
receptacle outlets, or one such receptacle outlet and one supplied
ceiling-type electric light fixture. Each laundry area and bathroom
shall contain at least one grounded type receptacle. Each kitchen
shall contain at least two receptacles.
(3)
Lighting fixtures. Each public hall, interior stairway,
water closet compartment, bathroom, laundry room and furnace room
shall contain at least one permanently installed electric lighting
fixture.
(4)
Service. When the permanently installed electrical
system requires modification to correct a violation of this code,
the service shall be corrected to a minimum of 100-ampere, three-wire
service.
(5)
Installation. All electrical equipment, wiring, and
appliances shall be installed and maintained in a safe manner in accordance
with all applicable codes. All electrical equipment shall be of a
type which has received all necessary and legally required approvals.
A.
Scope. The provisions of this section shall govern
the minimum standards for firesafety facilities and equipment. All
structures shall be constructed and maintained to prevent and avoid
fire hazards, and in a manner conducive to firesafety.
B.
Means of egress.
(1)
General. A safe, continuous, and unobstructed means
of egress shall be provided from the interior of a structure to the
exterior at a street, yard, court, or passageway leading to a public
open area at grade.
(2)
Direct exit. Each housing unit shall have access directly
to the outside or to a common area that leads directly to the outside.
(3)
Doors. All doors in the required means of egress shall
be easily opened from the inner side.
(4)
Fire escapes. All fire escapes shall be maintained
in working condition and structurally sound.
(5)
Exit signs. All exit signs shall be illuminated and
visible.
(6)
Emergency escape. Each sleeping room located in a
basement shall have at least one openable window or exterior door
for emergency egress or rescue which has received all necessary and
legally required approvals, or shall have access to two separate exits
which have received all necessary and legally required approvals.
C.
Accumulations and storage.
(1)
General. Garbage or rubbish may not be allowed to
accumulate in stairways, passageways, doors, windows, fire escapes,
or other means of egress.
(2)
Flammable matter. Highly flammable or explosive matter,
such as paints, volatile oils and cleaning fluids, or combustible
rubbish, such as waste paper, boxes and rags, may not be accumulated
or stored on premises except in reasonable qualities consistent with
normal usage.
D.
Fire-resistance ratings. Floors, walls, ceilings,
and other elements and components which are required by the applicable
Fire Code to comply with a fire-resistance rating shall be maintained
so that the respective fire-resistance rating of the enclosure, separation,
or construction is preserved.
E.
Fire protection systems.
(1)
General. All fire protection systems and equipment
shall be maintained in proper operating condition at all times.
(2)
Smoke detectors.
(a)
All housing units shall be provided by the landlord
with a minimum of one single-station smoke detector in the vicinity
of each sleeping area.
(b)
The smoke detectors shall be installed and maintained
in accordance with applicable codes.
(c)
When actuated, the smoke detector shall provide
an alarm suitable to warn the occupants within the unit.
(3)
Fire-suppression system. Fire-suppression systems
in housing units so equipped shall be maintained in good condition,
free from mechanical defect. Sprinkler heads shall be kept clean and
free of corrosion and paint, and may not be bent or damaged.
(4)
Fire extinguisher. All portable fire extinguisher
in housing units so equipped shall be visible and accessible, and
maintained in an efficient and safe operating condition.
F.
Fire doors.
(1)
All necessary and legally required fire-resistance
rated doors or smoke barriers shall be maintained in good working
order, including all hardware necessary for their proper operation.
(2)
The use of door stops, wedges and other hold-open
devices which have not received all necessary and legal approvals
or which have been denied approval is prohibited.
A.
Permits. A building permit, where otherwise required,
is also required for all work ordered to be performed in compliance
with a repair order.
B.
Code Official authority.
(1)
The Code Official has the authority to require and
approve any alterations or repairs necessary to bring a structure
or premises into compliance with this code. The determination of what
may be necessary to bring the premises into compliance shall take
into consideration the use of alternatives and equivalent approaches
where provided for in this code.
(2)
The Code Official shall have the authority to approve
changes in alterations or repairs in the field when conditions are
encountered which make the originally approved work impractical, if
the changes in approved work can be readily determined to be in compliance
with this code and are requested by the property owner or his agent
before the changes.
(3)
The changes shall be specifically documented by the
property owner or his agent, describing the change in work and the
reasons and justification for the change, and shall be filed with
the permit for the project.
C.
Access by property owner or operator. A tenant of
a structure or premises shall give the property owner or operator,
or agent or employee, access to any part of the structure or its premises
at reasonable times upon being given reasonable notice for the purpose
of making the repairs, improvements, or alterations as are necessary
to comply with the provisions of this code. For the purpose of making
repairs ordered by the Code Official, reasonable notice shall be construed
as not less than 24 hours.
D.
Standards for repairs. Repairs or alterations to a
structure, or changes of use to it, which may be caused directly or
indirectly by the enforcement of this code shall be done in accordance
with the Talbot County Building Code, Electrical Code, Plumbing Code,[1] or any other code adopted by Talbot County applicable
to housing in effect at the time of the repair or alteration. All
work shall be performed to industry standards so as to secure the
results intended by this code.
