The provisions of this chapter shall constitute and shall be known and cited as the "Wicomico Housing Code."
It is hereby found and declared that there exist in Wicomico County, Maryland, structures used for human habitation, or occupancies which are, or may become substandard. Structures with inadequate provisions for light and air, lack of maintenance, unprotected fire hazards, improper heating, unsanitary conditions, overcrowding and dilapidation constitute a menace to the health, safety, welfare and reasonable comfort of citizens. The existence of such nuisance conditions creates slums and blighted areas requiring corrective action. Additionally, these conditions may contribute to the spread of disease and crime and cause fire and accidental loss. In the absence of corrective measures, such areas may experience a deterioration of social values, a depreciation of assessable base and a curtailment of investment and tax revenues. The promulgation and enforcement of minimum housing standards are essential to address the prevention of blight and decay and provide protection of public health, safety and general welfare. One purpose of this chapter is to attempt to identify and mitigate the above stated conditions.
A. 
This Code shall, by reference, incorporate the following Codes as guidelines for corrective action:
(1) 
Chapter 117, incorporating the International Residential Code and the International Building Code.
(2) 
Wicomico County Plumbing Code.[1]
[1]
Editor's Note: See Ch. 183, Plumbing.
(3) 
National Electric Code.
B. 
Nothing herein shall be construed to supersede, modify or set aside any provisions of the County's Zoning Code.
A. 
The purpose of this Code is to protect the public health, safety and general welfare by:
(1) 
Establishing minimum standards governing the condition, use, operation, occupancy and maintenance of dwellings, structures, utilities, facilities, lands and other physical conditions to make all buildings and structures and premises safe, sanitary and fit for human habitation.
(2) 
Assigning certain responsibilities and duties to owners, operators, agents and occupants of dwellings; authorizing and establishing procedures for the right of entry, the inspection of buildings, structures and premises, the correction of violations of the provisions of this Code and the condemnation and demolition of dwellings and other structures.
B. 
This Code shall be construed liberally and justly to protect the public health, safety and welfare insofar as they are affected by the continued use and maintenance of residential structures and premises.
A. 
The provisions of this Code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building, structure or premises, or any part thereof used, designed, intended or maintained for human habitation, outside the limits of incorporated towns and cities in Wicomico County.
B. 
Alteration, repair, or rehabilitation work, caused directly or indirectly by the enforcement of this Code, may be made to any existing building without requiring the entire building to comply with all the requirements of the Building Code. However, any alteration, repair or rehabilitation work shall conform to the requirements of any applicable building code, plumbing code, mechanical code and electrical code or any other code or standard applicable to new construction.
C. 
The provisions in this Code do not abolish or impair any remedies available to the County or its officers or agencies relating to the removal or demolition of any structures which are deemed to be dangerous, unsafe and unsanitary.
D. 
Any violation of this Code shall be considered to be a nuisance condition affecting the health, safety and welfare of the public.
E. 
Nothing in this Code shall apply to any owner-occupied, single-family dwelling unit.
A. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this Code, have the meanings indicated in this section. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. Where terms are not defined in this Code, then the words as defined in the County Zoning Code shall prevail and if such term is not defined in either, then the words as defined in the most current edition of Webster's Dictionary shall prevail. Whenever the words "apartment," "apartment house," "dwelling," "dwelling unit," "rooming unit," "building" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED
Property whose owner or occupant has left or ceased to inhabit it intentionally and permanently for more than 30 days.
ABATE
Any action to bring the subject property into compliance. Abatement shall include construction, repairs, and cosmetic alterations, to the extent necessary to amend the violations of this Code. As determined by the Housing Official.
ACCESSORY STRUCTURE
A building, located on the same lot, incidental to the main building use.
AGENT
Any person, firm or corporation that is responsible for the management, maintenance, operation, rental of, letting of or sale of any property in any particular case or who makes application for or seeks a permit or certificate from the appropriate city authority on behalf of the owner of any property in any particular case or who, in any other way, represents the owners in any particular case.
APARTMENT
A single residential structure designed and constructed to contain three or more separate dwelling units, regardless of the internal arrangement of such units or the ownership thereof.
BASEMENT
That portion of a structure which is partly or completely below grade.
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. The term "building" shall be construed as if followed by the words "or part thereof" for the purpose of this Code. Each portion of a building separated from other portions by a fire wall shall be considered as a separate building.
BUILDING CODE
The International Building Code and the International Residential Code most recently adopted by the County Council for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.
[Amended 10-17-2006 by Bill No. 2006-11]
BUILDING PERMIT
An official document issued by the appropriate official evidencing departmental approval of the commitment of new construction, alteration, repair, addition or demolition.
CEILING HEIGHT
The clear distance between the floor and the ceiling directly above.
CERTIFICATE OF OCCUPANCY
A document issued by the appropriate official stating the nature of occupancy permitted.
CHIMNEY
A primarily vertical enclosure containing one or more passageways, used primarily for the egress of smoke.
DILAPIDATED STRUCTURES
Dwellings, dwelling units, multiple-family dwellings, apartment houses, boardinghouses, nursing homes, and other structures including, among others, garages, sheds, and similar accessory structures, which by reason of inadequate maintenance, obsolescence or abandonment are unsafe, unsanitary or constitute a fire hazard or are otherwise dangerous to human life.
DORMITORY
A habitable room in a building where group sleeping accommodations are provided for persons occupying one room or a series of closely associated rooms.
DORMITORY HOUSING
A building or group of buildings containing rooms forming habitable units which are used or intended to be used for living and sleeping by persons enrolled or participating in an academic institution, but which rooms are not for cooking or eating purposes.
DWELLING UNIT
A single unit providing complete independent living facilities for occupancy by one family and containing permanent provisions for living, sleeping, eating, cooking and sanitation (bathroom) and where no portion of that dwelling shall be used for access to other dwelling units.
EMERGENCY
An immediate situation requiring corrective action by the Housing Official to protect the public health, safety, and welfare.
EXISTING
In existence at the time of passage of this Code.
EXTERIOR
The open area on the premises and/or adjoining property under the control of owners or operators of such premises.
EXTERMINATION
The control or elimination of insects, rodents, or other pests, including elimination of their harborages. Such control shall be affected by removing, spraying, fumigating, trapping or poisoning the pests or materials that may serve as their food; or by any other recognized and legal pest elimination methods.
FAMILY
An individual or married couple and their children with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than four unrelated persons, living together as a single housekeeping unit in a dwelling unit, unless a separate standard for the number of unrelated persons within a dwelling unit is provided herein.
(1) 
In all cases, foster children placed by an agency licensed to operate in Maryland may be housed on the premises without being counted as a family or members of a family.
(2) 
For the purpose of this chapter, a person under one year of age shall not be counted as an occupant.
FLUE
An enclosed pipe, duct or passageway used only for the transmission of heat or the products of combustion.
GRADE
A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
HABITABLE
Suitable for human occupancy.
HABITABLE SPACE
Total floor area in a structure for living, sleeping, eating or cooking. (Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.)
HOUSING OFFICIAL
Shall be the representative designated by the Director of the Department of Planning, Zoning and Community Development to administer and enforce the provisions of this chapter.
[Amended 11-16-2004 by Bill No. 2004-8]
HUMAN HABITATION
The use of any building, room or space in which any person remains for a continuous period of two hours or more, in any one day.
IMPERVIOUS (AS TO FLOORS)
A clean, smooth floor installed to manufacturer's recommendations, without cracks or holes, made of terrazzo, ceramic, asphalt or rubber tile, smooth concrete, linoleum or other similar material or made of wood and, if made of wood, having tightly fitted joints, covered with varnish, lacquer or other similar water-resistant coating.
INFESTATION
The presence of noxious insects, rodents, vermin or other pests.
KITCHEN
A designed space with facilities for storage and cooking of food for human consumption.
MAINTENANCE
Corrective action to abate or prevent substandard conditions to grounds, structures or equipment.
MEANS OF EGRESS
A continuous and unobstructed way of exit travel from any point in a building or structure to a public way, and consisting of three separate and distinct parts:
(1) 
The way of exit access;
(2) 
The exit; and
(3) 
The way of exit discharge.
MEMBER
A structural unit, such as a beam or a wall.
MULTIPLE-FAMILY DWELLING
Any house, building or combination of buildings, including groups of detached buildings comprising a single apartment project under a single ownership and management, or any portion of any building, which is used or designed to be used for three or more dwelling units, or two dwelling units and any other occupancy, such as commercial or office occupancy, and shall include, but not be limited to, all apartment houses, garden apartments and apartment hotels.
NUISANCE
Any noticeable condition which may prove detrimental to the health or safety of the public, whether in a structure, on the premises of a structure or upon any unimproved lot. This includes, but is not limited to, abandoned wells, shafts, basements, excavations, and mechanical equipment, any structurally unsound fences or structures, rubbish or vegetation such as poison ivy, poison oak or poison sumac, or excessive overgrowth or any other unsightly, unsanitary or unhealthful condition, including those nuisances listed in Chapter 174.
OCCUPANT
A person legally living, sleeping, cooking, or eating in, having use or possession of, a dwelling unit pursuant to an active contract, lease or rental receipt.
OCCUPANT DENSITY
The number of persons, per area, living or occupying a building, dwelling, dormitory or any other habitable space.
OPERATOR
Any person who has charge, care or control of a building, or part thereof.
OWNER
Any person, firm, conservator, receiver or officer who owns, holds or controls the whole, or any part of the freehold title (Control of the freehold title is not intended to mean a tenant under any type of written or oral tenancy.) to any real property, including but not limited to vacant land, buildings, dwelling units, commercial real property, etc., with or without accompanying actual possession thereof, and shall include, in addition to the holder of legal title, any vendee in possession thereof, but shall not include a mortgagee or trustee under deed of trust, unless such mortgagee or trustee is in actual possession.
PERSON
An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, and any partnership, firm, association, public or private corporation, or other entity.
PLUMBING
The practice, materials and fixtures used in the installation, maintenance, extension and alteration or removal of piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure or conveyance; alteration of stormwater, liquid waste or sewerage, and water supply of any premises to their connection with any point of public disposal or other sewer process.
PLUMBING FIXTURE
A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water. It discharges used water, liquid borne waste materials, or sewage either directly or indirectly to the drainage system of the premises. It requires both a water supply connection and a discharge to the drainage system of the premises.
PREMISES
A lot or group of lots, including any building or group of buildings or their structures or parts thereof which may be situated thereon and considered as a unit devoted to a certain use or occupancy. This includes the necessary and customary accessory buildings and other open spaces required or used in connection with such use of a lot or groups of lots.
PRIVACY
The ability of a person to carry out an activity commenced without interruption or interference, whether by sight or unreasonable sound or by unwanted persons.
PUBLIC AREAS
An unoccupied open space, adjoining a building and on the same property, that is permanently maintained for the use of the public generally or the occupants of more than one dwelling unit accessible to the Fire Department and free of all encumbrances that might interfere with its use by the Fire Department.
REFUSE CONTAINER
A watertight container constructed of metal or other durable material impervious to rodents, which is capable of being serviced without creating unsanitary conditions, the opening of which shall be covered with tight-fitting tops or doors.
RESIDENT MANAGER
One who acts on the behalf of the owner to manage the property and to assure Housing Code compliance.
RISER
The vertical face between two stair treads.
RODENT HARBORAGE
Any place where rodents can live, nest or seek shelter.
RODENT-PROOFING
The permanent closing of all openings in foundations, basement, cellars, and exterior and interior walls to prevent rodents from gaining access to or from food, water, harborage or a given space or building.
ROOM
A space in an enclosed building, or space set apart by a partition or partitions, and any space in a building used or intended to be used as a bedroom, bathroom, dining room, living room, kitchen, sewing room, library, den, music room, dressing room, enclosed sleeping room, laundry room, study, storage room and similar uses.
ROOMING UNIT
A unit that has either a complete bathroom (water closet, lavatory and tub or shower) or kitchen facilities, but not both within the unit.
RUBBISH
The waste materials commonly referred to in everyday language as rubbish and garbage, including garbage from normal household living conditions, including waste, foodstuffs of vegetable or animal origin, paper products, fabrics, plastic and metal containers, bottles, crockery and other similar materials, and combustible and noncombustible waste materials, including the residue from the burning of wood, coal, coke and other combustible material, paper, rags, carton, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, materials, mineral matter, abandoned or inoperable machinery, wastepaper, cardboard, sawdust piles, rubbish from building construction or reconstruction, uprooted tree stumps, street refuse and all other waste materials; provided, however, that as used in the chapter, "rubbish" shall not be construed or interpreted so as to include any abandoned, unlicensed or inoperable motor vehicle.
SEWAGE
Any liquid waste containing animal or vegetable solids in suspension or solution, and may include liquids containing chemicals in a solution.
STAIRWAY
One or more flights of stairsm, either exterior or interior, with the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one level to another in a building or structure.
STORY
That portion of a building included between the upper surface of any floor and the upper surface of the floor next above.
STRUCTURE
That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner for occupancy or use.
TENANT
An occupant other than a property owner.
VENTILATION
The process of supplying and removing air to and from any space by natural or mechanical means.
WATER CLOSET
An enclosed space containing one or more toilets which may also contain one or more lavatories, urinals, and other plumbing fixtures.