[Adopted 4-3-1990 as Ch. 6, Art. VIII, of the 1989 Code]
This Part 1 shall be known as the "Kent County
Housing Code."
This Part 1 is created to protect the public
health, safety and welfare in residential structures and premises
by:
A.
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;
B.
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;
C.
Fixing the responsibilities of property owners, operators
and tenants of residential structures and premises; and
D.
Providing for administration, enforcement and penalties.
This Part 1 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.
A.
Rules of interpretation.
(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 Part 1, they shall have their ordinarily accepted meanings
such as the context may imply.
B.
APPROVED
BASEMENT
BUILDING CODE
CENTRAL HEATING
CODE
CODE OFFICIAL
CONDEMN
DEPARTMENT
DWELLING
(1)
(2)
(3)
(4)
DWELLING UNIT
EXTERIOR PROPERTY AREAS
EXTERMINATION
GARBAGE
HABITABLE AREA
INFESTATION
MAINTENANCE
OCCUPANT
OPERATOR
PERSON
PLUMBING
PLUMBING FIXTURE
(1)
(2)
(3)
PREMISES
PROPERTY OWNER
REASONABLE NOTICE
RENOVATION
RESIDENTIAL BUILDING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SECRETARY
STRUCTURE
TENANT
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
WORKMANLIKE OR WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
YARD
Terms defined.
As applied to a material, device or method of construction,
approved by the Code Official under the provisions of this Part 1
or approved by other authority designated by law to give approval
in the matter in question.
That portion of a structure which is partly or completely
below grade.
The building code adopted by the County Commissioners or
such other code as may be designated by the County Commissioners for
the regulation of construction, alteration, addition, repair, removal,
demolition, use, location, occupancy or maintenance of premises and
structures.
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.
The Kent County Housing Code.
The official or any duly authorized agent or designee of
the County Commissioners who is authorized to enforce this Part 1.
To declare a structure, or part of it, premises or equipment
unsafe or unfit for use or occupancy.
The Department of Housing and Community Development.
BOARDINGHOUSEA building arranged or used for lodging, with or without meals, for compensation and not occupied as a single-family unit, including an unlicensed shelter care home.
MULTIFAMILY APARTMENT HOUSEA building or portion thereof containing more than two (2) dwelling units and not classified as a one- or two-family dwelling.
ONE-FAMILY DWELLINGA building containing one (1) dwelling unit with not more than five (5) lodgers or boarders.
TWO-FAMILY DWELLINGA building containing two (2) dwelling units with not more than five (5) lodgers or boarders per family.
A single unit providing complete, independent living facilities
for one (1) or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rodents or other
pests by:
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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."
The presence within or contiguous to a structure or premises
of insects, rodents, vermin or other pests.
The repair and other acts intended to prevent a decline in
the condition of a structure, premises or equipment below the standards
established by this Part 1 and other applicable statutes, codes and
ordinances.
An individual living and/or sleeping in a dwelling unit having
possession of a space within a dwelling unit.
A person who has charge, care or control of a structure or
premises which is offered for occupancy.
Includes an individual, partnership, limited partnership,
trust, estate, association or corporation.
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.
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 from it.
Discharges used water, liquid-borne waste materials
or sewage either directly or indirectly to the drainage system of
the premises.
Requires both a water supply connection and
a discharge to the drainage systems of the premises.
A lot, plot or parcel of land, including the structures on
it.
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.
At least fifteen (15) days, not including Saturdays, Sundays
and holidays.
A building and its facilities made to conform to present
day minimum standards of sanitation, fire and life safety.
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided, except when classified
as an institution under the building code.
Any residential building, or any part thereof, containing
one (1) or more rooming units in which space is let by the owner or
operator to more than five (5) persons who are not members of the
family.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
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.
The Secretary of the Department of Housing and Community
Development.
A residential structure used for human habitation.
An occupant other than a property owner.
The process of supplying and removing air by natural or mechanical
means to or from a space.
Ventilation by power-driven devices.
Ventilation by opening to the outside through windows, skylights,
doors, louvers or stacks without power-driven devices.
That such maintenance and repair shall be made in a reasonably
skillful manner.
An open, unoccupied space on the same lot with a building
extending along the entire length of the street or rear or interior
lot line.
B.
Repairs or alterations to a structure or changes of
use to it which may be caused directly or indirectly by the enforcement
of this Part 1 shall be done in accordance with the procedures and
provisions of any applicable local building code, plumbing code, mechanical
code and electrical code or any other code or standard applicable
to housing.
C.
The provisions in this Part 1 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 or unsanitary.
D.
Repairs, maintenance, alterations or installations
which are required for compliance with this Part 1 shall be executed
and installed in accordance with industry standards so as to secure
the results intended by this Part 1.
It shall be the duty and responsibility of the
County Commissioners to enforce the provisions of this Part 1.
The County Commissioners may waive applicability
of this Part 1, in whole or part, to a unit of rental housing, on
application of the property owner, if:
A.
A person may not be displaced by enforcement of this
Part 1 unless alternate housing of comparable affordability is available
within a reasonable distance of the vacated premises.
B.
No landlord shall evict or threaten to evict a tenant of any residential property or arbitrarily increase the rent or decrease the services to which the tenant has been entitled solely because the tenant exercises any rights conferred upon him or her by this Part 1. Nothing in this subsection shall be construed to prevent a landlord from evicting a tenant for nonpayment of rent or for breach of any covenant or a lease agreement.
This Part 1 is not intended to supersede any
state laws pursuant to the Annotated Code of Maryland as follows:
An official record shall be kept of all business
and activities of the Code Official and Kent County Board of Housing
Appeals, and all such records shall be open to public inspection at
all appropriate times and under reasonable regulations established
by the Code Official to maintain the integrity and security of such
records.
A.
Except as to emergency circumstances, the Code Official,
upon first determining that a violation of this Part 1 exists, shall
issue a written warning citation advising the owner of the property
in violation of the following:
(1)
The nature of the violation(s), with references to
the applicable code sections.
(2)
The repairs and improvements necessary to bring the
premises into compliance with the provisions of this Part 1.
(3)
A reasonable time to achieve voluntary compliance.
(4)
The date after which an enforcement order will be
issued if voluntary compliance is not achieved.
(5)
The owner's right to request a consent agreement with the county as provided in Subsection B of this section.
(6)
An explanation of the owner's rights of appeal under
the provisions of this Part 1.
B.
Consent agreements with the county. Any property owner
to whom a warning citation or enforcement order has been issued may
request or propose a consent agreement with the county. The terms
of the agreement shall be reduced to writing and shall:
(1)
Indicate the repairs and improvements agreed to be
completed by the owner.
(2)
Indicate the dates of completion agreed to by the
owner.
(3)
Bear the signatures of the owner and the Code Official.
A consent agreement shall constitute an admission that the subject
violations described in the consent agreement have occurred. A consent
agreement shall have the effect of suspending any pending enforcement
order.
C.
Conciliation. If a matter is conciliated, the terms
of conciliation agreed to by the parties shall be reduced to writing
and incorporated into a consent agreement to be signed by the parties.
A consent agreement shall constitute an admission by the parties that
the subject violations described in the consent agreement have occurred.
A consent agreement shall have the effect of suspending any pending
enforcement order.
A.
Any landlord or tenant who has reason to believe that
a violation of this Part 1 exists and/or has been created or permitted
to exist by the other party to the lease or rental arrangement may
file a written complaint with the Code Official. The complaint must
state the name and address of the alleged offending landlord or tenant,
the dwelling unit(s) in question and the specific exterior and/or
interior environmental conditions alleged to be in violation of this
Part 1.
B.
A complaint may be filed only after the complainant
has given the alleged offending party written notice of the alleged
violation and said party has failed to make a good faith effort to
rectify the defective condition within one (1) week after the notice
has been given.
C.
Procedure following inspection.
(1)
If the Code Official determines that there are no
reasonable grounds to believe that a violation exists, the Code Official
shall so inform the complainant, in writing, or order such further
inspection as deemed appropriate, provided that no complaint shall
be dismissed without a hearing if objection is made thereto by the
complaining party.
(2)
If the Code Official determines that there are reasonable
grounds to believe that a violation exists, the Code Official shall
issue a warning citation and shall attempt to conciliate that matter
by methods of initial conference and persuasion with all interested
parties and such representatives as the parties may choose to assist
them. Conciliation conferences shall be informal and confidential,
and nothing said or done during such initial conferences shall prejudice
the rights of the parties.
In case any enforcement order or consent agreement as provided in § 192-11B and C is not promptly complied with, the Code Official may request the County Attorney to institute one (1) or more of the following actions in a court of competent jurisdiction:
A.
To restrain, correct or remove the violation.
B.
To prevent the occupation or use of the structure
in violation of, or not in compliance with, the provisions of this
Part 1.
C.
To order the owner to make payment of the civil penalty
authorized by this Part 1.
D.
To prosecute the criminal penalty authorized by this
Part 1.
E.
To order such relief as shall be just or equitable
to ensure the public health, safety and general welfare.
The County Commissioners 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 Part 1 to further its intent.
A.
General. The County Commissioners shall designate
a Code Official. The Code Official shall enforce the provisions of
this Part 1, except as may otherwise be specifically provided by these
regulations.
B.
Notices and orders. The Code Official shall issue
all notices and orders necessary to abate illegal or unsafe conditions
and to ensure compliance with the code requirements for the safety,
health and general welfare of the public whenever one (1) or more
of the following applies:
C.
Inspections. The Code Official is authorized to enter a structure or premises at any reasonable time, upon providing reasonable notice to the property owner and tenant, for the purpose of making inspections and performing duties under this Part 1. The Code Official shall make a record of every such inspection pursuant to § 192-10 of this Part 1.
D.
Alterations and repairs.
(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 Part 1. The determination of
what may be necessary to bring the premises into compliance shall
take into consideration the use of alternatives and equivalent approaches
as provided for in this Part 1.
(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 Part 1 and are requested by the property owner or his agent
before the changes are made.
(3)
The changes shall be specifically documented by the
Code Official or by 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.
E.
Right of entry. If a property owner, tenant or operator
of a structure refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and free access to any part of the structure or
premises where inspection authorized by this Part 1 is sought, the
Code Official may seek, in a court of competent jurisdiction, an order
that the property owner, tenant or operator cease and desist from
the interference.
F.
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 inspection, maintenance, repairs or alterations as are
necessary to comply with the provisions of this Part 1.
G.
Credentials. The Code Official shall disclose his
credentials for the purpose of inspecting a structure or premises.
H.
Coordination of enforcement.
(1)
The inspection of structures and premises, the issuance
of notices and orders and enforcement of them shall be the responsibility
of the Code Official.
(2)
Whenever a Code Official initiating an inspection
of a premises under this Part 1 becomes aware that an inspection of
the same premises is to be made by any other governmental official
or agency, the Code Official shall make a reasonable effort to arrange
for the coordination of the inspection so as to minimize the number
of visits by inspectors.
(3)
The Code Official shall confer with the other governmental
official or agency for the purpose of eliminating conflicting orders
before any are issued.
(4)
The Code Official may not, however, cause the delay
of the issuance of any emergency orders by any governmental official
or agency which the other governmental official or agency determines
must be issued.
I.
Annual report. At least annually, the Code Official
shall submit to the County Commissioners a written statement of operations
in the form and content as shall be prescribed by the County Commissioners.
A.
When a structure or part of it is found by the Code
Official to be unsafe or unfit for human occupancy or use, the Code
Official may condemn the structure or part of it and may order the
structure or part of it to be placarded and vacated pursuant to the
provisions of this Part 1.
B.
The structure or part of it may not be reoccupied
without approval of the Code Official. Unsafe equipment may be condemned,
placarded and placed out of service pursuant to the provisions of
this Part 1.
C.
Unsafe structures. An unsafe structure is one which
is found by the Code Official, in whole or in part, to be dangerous
to life, health, property or the safety of its tenants by not providing
minimum protection from fire or because it is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or
unstable foundation that it is likely to partially or completely collapse.
D.
Unsafe equipment.
(1)
Unsafe equipment includes any boiler, heating equipment,
cooling equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that
it is found by the Code Official to be a hazard to life, health, property
or safety of the tenants of the premises or structure.
(2)
Unsafe equipment may contribute to the finding that
the structure is unsafe or unfit for human occupancy or use.
E.
Structure unfit for human occupancy. A structure is
unfit for human occupancy or use whenever the Code Official finds
that it is unsanitary, vermin- or rodent-infested, contains filth
or contamination or lacks ventilation, illumination, sanitary or heating
facilities or other essential equipment required by this Part 1.
F.
Closing of vacant structures. Upon failure of a property
owner to close or vacate a premises within the time specified in an
order, the Code Official may cause the premises to be closed through
any available public agency or by contract or arrangement with private
persons, and the costs thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon the real
estate.
A.
Whenever the Code Official determines that there has been a violation of this Part 1 or has reasonable grounds to believe that a violation has occurred or whenever the Code Official has determined to condemn any structure or part of it or equipment under the provisions of § 192-16, notice shall be given to the property owner and to the tenant in the manner prescribed in this Part 1.
C.
Form. Such notice prescribed in Subsection A shall:
(1)
Be in writing.
(2)
Include a description of the structure or premises
sufficient for identification.
(3)
Include a statement of the reason or reasons why notice
is being issued.
(4)
Include a correction order allowing a reasonable time
for the repairs and improvements required to bring the dwelling unit
or structure into compliance with the provisions of this Part 1.
D.
Service of notice.
(1)
Notice shall be deemed to be properly served upon
a property owner or tenant by one (1) of the following methods:
(a)
By delivering to the person to be served or
his agent a copy of the notice and all other necessary papers.
(b)
By mailing to the person to be served at his
last known address or to his agent by certified or registered mail
with return receipt requested a copy of the notice and all other necessary
papers.
(2)
If the certified or registered letter is returned
with receipt showing that it has not been delivered, notice shall
be served by posting a copy of it in a conspicuous place in or about
the structure affected by the notice.
E.
Notice to vacate. When a condemnation order is served
on a tenant, the tenant shall be given a reasonable time to vacate
the structure in accordance with state or local law.
F.
Transfer of ownership. A property owner who has received
a compliance order or upon whom a notice of violation has been served
may not sell, transfer, mortgage, lease or otherwise dispose of the
premises until:
(1)
The provisions of the compliance order or notice of
violation have been complied with; or
(2)
The property owner shall first furnish to grantee,
transferee, mortgagee or lessee a true copy of the compliance order
or notice of violation issued by the Code Official and shall furnish
to the Code Official a signed and notarized statement from the grantee,
transferee, mortgagee or lessee in which he acknowledges the receipt
of the compliance order or notice of violation and states that he
fully accepts and assumes the responsibility without condition for
making the corrections or repairs required by the compliance order
or notice of violation.
G.
Removal of placard. A property owner may not deface
or remove a condemnation placard without the approval of the Code
Official.
A.
Except in the event of a consent agreement as provided in § 192-11B and C, it shall be unlawful for any person being responsible for creating or causing or maintaining any condition in violation of this Part 1 to refuse or neglect to comply with a written order of the Code Official to remove, abate, discontinue or repair such violation(s).
A.
A property owner who willfully violates any provision
of this Part 1 shall be guilty of a civil infraction, punishable by
a fine of not less than one hundred dollars ($100.) nor more than
five hundred dollars ($500.).[1]
B.
A penalty ordered under this Part 1 is in addition
to and is not a substitute for any other penalty or remedy permitted
under a federal, state or local law.
A.
Petition. A person affected by a decision of the Code
Official which has been made in connection with the enforcement of
any provision of this Part 1 or of a regulation adopted pursuant to
this Part 1 may request and may be granted a hearing in the manner
prescribed in this Part 1.
B.
Filing of administrative appeals. An administrative appeal may be made to any notice or order issued under the provisions of §§ 192-16 and 192-17 of this Part 1. All petitions for administrative appeal shall be in writing and shall be received by the office of the Code Official within thirty (30) days of the issue date of the notice or order or within such other shorter time period as may have been stated in a notice or order to abate an emergency circumstance presenting an imminent or immediate threat of danger to human life or limb or to property or the public safety.
C.
Grounds for administrative appeal. All petitions for
administrative appeal shall describe in detail each specific basis
for claiming one (1) or more of the following as grounds for administrative
appeal:
(1)
An undue hardship would result if the owner complied
with the order or notice.
(2)
Compliance with the order or notice would be contrary
to the purpose and intent of the code.
(3)
The order or notice is based on material facts which
are erroneous or have been wrongly interpreted.
(4)
The order or notice is based on code sections which
have been misconstrued or wrongly interpreted by the Code Official.
A.
The Kent County Board of Housing Appeals, hereinafter
referred to as "the Board," shall consist of three (3) members and
two (2) alternates appointed by the County Commissioners of Kent County
for terms of two (2) years, except that the initial members and alternates
of the Board shall be appointed to the following terms: one (1) member
and one (1) alternate for a term of one (1) year, one (1) member and
one (1) alternate for a term of two (2) years and one (1) member for
a term of three (3) years. Vacancies shall be filled by the County
Commissioners for any unexpired portion of the term remaining.
B.
The Board shall establish its own procedures and shall
make a copy thereof available to any person filing a petition for
administrative appeal. The members shall elect a Chairperson from
their number; the Chairperson shall convene and run all meetings and
hearings and shall schedule the alternates as necessary. A quorum
of three (3) members or alternates shall be required for any decision
of the Board and to conduct any administrative appeal hearing. All
decisions of the Board shall be by majority vote. No member or alternate
shall vote on a matter in which a conflict of interest exists.
A.
The Board shall provide timely written notice to all
interested parties of record of the date and time of each hearing.
The Board shall additionally cause an advance notice of the date and
time of all hearings to be published in a newspaper of general circulation
within the county. All hearings of the Board shall be open to the
public. Petitions for administrative appeal shall be placed on a calendar
for hearing at the next scheduled available hearing time established
by the Board, except in the event that the Code Official certifies
that an emergency circumstance exists and presents an imminent or
immediate threat of danger to human life or limb or to property or
the public safety. In such cases, the Board shall convene a special
hearing within fifteen (15) days of the filing of the petition for
administrative appeal.
B.
Decisions.
(1)
The Board shall be empowered to render one (1) or
more of the following decisions subsequent to a hearing on the merits
of each petition for administrative appeal:
(2)
Every decision of the Board shall be final, subject,
however, to such remedy as may be permitted under law to any aggrieved
party. Decisions of the Board shall be in writing and shall indicate
each separate reason and vote contributing to the Board's decision.
Every decision shall be promptly filed and posted for two (2) weeks
in the office of the Code Official and shall remain open to public
inspection; a certified copy shall be promptly sent by mail or otherwise
to the appellant.
(3)
The Board shall in every case reach a decision without
unreasonable or unnecessary delay, but in no event shall the elapsed
time between the date of the hearing and the decision be more than
thirty (30) days, except that the Board shall render its decisions
within ten (10) days if any emergency circumstance exists and presents
an imminent or immediate threat of danger to human life or limb or
to property or the public safety.
(4)
If a decision of the Board reverses or modifies a
refusal order or disallowance of the Code Official or varies the application
of any provision of this Part 1, the Code Official shall immediately
take action in accordance with such decision.
Upon a final decision, in writing, of the Board,
any person aggrieved by a decision of the Board may appeal such decision
within thirty (30) days of the date of decision to any court of competent
jurisdiction, unless a stay shall be granted by the Board or by the
court to which such appeal has been made.
A.
The provisions of this Part 1 shall establish the
minimum standards for maintenance of premises and structures.
B.
The owner of the premises shall maintain such structures
and premises in compliance with these requirements. A person shall
not occupy as owner-occupant or let to another for occupancy or use
premises which do not comply with the following requirements of this
section.
A.
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.
B.
Structural members. Supporting structural members
shall be kept sound, free of deterioration and maintained so as to
be capable of safely bearing the dead and live loads imposed upon
them.
C.
Exterior surfaces. Each foundation, exterior wall,
roof and all other exterior surfaces shall be maintained in a workmanlike
state of maintenance and repair and in such condition as to exclude
rodents and other pests.
D.
Foundation walls. Foundation walls shall be structurally
sound and shall be maintained free of open cracks and breaks.
E.
Exterior walls.
(1)
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.
(2)
All exterior surface materials, including wood, composition
or metal siding, shall be weatherproof and properly surface-coated
when required to prevent deterioration.
F.
Roofs and drainage. The roof shall be structurally
sound and free from 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.
G.
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.
H.
Signs, marquees and awnings. All canopies, marquees,
signs, metal awnings, stairways, fire escapes and standpipes, exhaust
ducts and similar overhang extensions shall be maintained in good
repair, 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.
I.
Chimneys.
(1)
All chimneys, cooling towers, smoke stacks and similar
appurtenances shall be structurally sound, safe and in good repair.
(2)
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.
J.
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.
K.
Windows, doors and frames. 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.
L.
Weatherproof. Each window and exterior door shall
be fitted reasonably in its frame and be weatherproof. Weatherstripping
shall be used to exclude wind and rain. Each window shall be free
of cracks and holes.
M.
Windows which open. Each window used for ventilation pursuant to § 192-27E or emergency escape pursuant to § 192-30B(6) shall be capable of being easily opened from the inside and shall be held in position by window hardware.
N.
Insect screens.
(1)
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.
(2)
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.
O.
Door hardware. Each exterior door and its hardware
shall be maintained in good condition. Door locks on all interior
and exterior doors entering dwelling units shall be kept in good repair
and capable of tightly securing the door.
P.
Below-grade rooms. Rooms partially or completely below
grade shall not be used as a habitable space unless:
(1)
Floors and walls are watertight so as to prevent entry
of moisture.
(2)
Total window area, total openable window area and
ceiling height are in accordance with this Part 1.
(3)
Required minimum window area of every habitable space
is entirely above the grade adjoining such window areas.
(4)
Means of egress and emergency escape are provided
in accordance with this Part 1.
A.
General. The interior of 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.
B.
Structural members. The supporting interior structural
members shall be sound, free of deterioration and maintained so as
to be capable of safely carrying the imposed loads.
C.
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.
D.
Lead-based paint. Lead-based paint with a lead content
of more than five-tenths percent (0.5%) shall not be applied to any
interior or exterior surface of a dwelling, dwelling unit or child-care
facility, including fences and outbuildings at these locations. Existing
interior and exterior painted surfaces of dwelling units and child
care facilities that contain an excess of five-tenths-percent lead
shall be removed or covered with paneling or other suitable covering
approved by the Code Official.
E.
Bathroom and kitchen floors. Each toilet, bathroom
and kitchen floor surface shall be maintained so as to be substantially
impervious to water in order to permit the floor to be easily kept
in a clean and sanitary condition.
F.
Free from dampness. In every building, basements and
crawl spaces shall be maintained so as to be reasonably free from
dampness to prevent conditions conducive to decay or deterioration
of the structure.
G.
Sanitation.
(1)
The interior of a structure shall be maintained in
a clean and sanitary condition free from any accumulation of rubbish
or garbage.
(2)
Rubbish or garbage shall be properly kept inside temporary
storage facilities.
(3)
Garbage or rubbish may not be allowed to accumulate
or be stored in public halls or stairways.
H.
Insect and rodent harborage.
(1)
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.
(2)
Continuing or repeated incidents of infestation, as
determined by the Code Official, shall require the installation of
rodent- and verminproof walls. The rodent- and verminproof walls shall
be installed in accordance with the applicable local building code.
I.
Exit doors. Each door available as an exit shall be
capable of being opened easily from the inside.
K.
Handrails and guardrails. Every flight of stairs which
is more than four (4) risers high shall have a handrail on at least
one (1) side of the stair, and every open portion of a stair landing
or balcony which is more than thirty (30) inches [seven hundred sixty-two
(762) millimeters] above the floor or grade below shall have guardrails.
Handrails shall be not less than thirty (30) inches [seven hundred
sixty-two (762) millimeters] nor more than thirty-four (34) inches
[eight hundred sixty-four (864) millimeters] high, measured vertically
above the nosing of the tread or above the floor of the landing or
balcony. Guardrails shall be not less than thirty (30) inches [seven
hundred sixty-two (762) millimeters] high above the floor of the landing
or balcony. Every handrail and guardrail shall be firmly fastened
and capable of bearing normally imposed loads and shall be maintained
in good condition.
A.
Scope. The provisions of this section shall govern
the minimum standards for basic equipment and facilities used for
light and ventilation of a structure.
B.
Alternative methods and devices. In place of the means
for natural light and ventilation prescribed in this section, 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 applicable local building code.
C.
Habitable areas. At least fifty percent (50%) of the
total number of habitable areas shall have at least one (1) window.
D.
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 distribution
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 two hundred (200) square feet of floor area, and
the spacing between lights may not be greater than thirty (30) feet.
Every exterior stairway shall be illuminated.
E.
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 ventilation system shall be
maintained in proper operating condition during the occupancy of the
structure or portion of it.
(b)
When 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 dwelling 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 dwelling 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 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 dwelling unit shall contain
a room which is equipped with a bathtub or shower supplied with hot
and cold running water and which affords privacy.
C.
Alternative plumbing. Alternative plumbing facilities
and fixtures for use in dwelling units may be allowed as approved
on a case-by-case basis by the County Commissioners.
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.
(b)
All repairs and installations shall be made
in accordance with the provisions of the applicable local building
code or applicable local plumbing code.
(3)
Maintenance. All plumbing fixtures shall be maintained
in a clean and sanitary condition so as not to breed or attract insects
and rodents or produce dangerous or offensive gases 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 of 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 so as 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. They shall be properly maintained and 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 one hundred ten degrees Fahrenheit (110° F.).
(5)
Alternative water systems. Alternative water systems
may be allowed as approved on a case-by-case basis by the County Commissioners.
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.
(2)
Maintenance.
(a)
Each plumbing stack and 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 applicable local building
code or applicable local plumbing code.
A.
Scope. The provisions of this section shall govern
the minimum standards for mechanical and electrical facilities and
equipment.
B.
Heating facilities.
(1)
Residential structures.
(a)
Each dwelling unit shall be supplied 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 sixty-five degrees Fahrenheit (65° F.) in all
habitable areas during the hours between 6:30 a.m. and 10:30 p.m.
of each day and to maintain a temperature of not less than sixty degrees
(60° F.) during other hours.
(b)
The temperature shall be measured at a point
three (3) feet above the floor and three (3) feet from exterior walls.
(c)
Exception. When the exterior temperature falls
below zero degrees Fahrenheit (0° F.) and the heating system is
operating at its full capacity, a minimum room temperature of sixty
degrees Fahrenheit (60° 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 of 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 applicable local building
code or other applicable laws or ordinances thereto.
(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
shall be connected to a chimney, flue or vent in accordance with applicable
local or state codes or according to manufacturer's instructions in
cases where no local or state codes apply.
(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 local or state codes or according to manufacturer's
instructions in cases where no local or state codes apply.
(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 other devices intended
for uses similar to fireplaces shall be stable, structurally safe
and connected to chimneys which have received all necessary and legally
required approvals.
(10)
Climate control. When facilities for interior
climate control (heating, cooling and humidity) are integral functions
of dwelling units, these facilities shall be maintained and operated
in accordance with the designed capacity.
C.
Electrical facilities.
(1)
Facilities required. Provided that there is usable
electric service available from a power line not more than three hundred
(300) feet away, 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 dwelling unit
shall contain at least one (1) receptacle outlet. Each laundry area
and bathroom shall contain at least one (1) grounded-type receptacle.
Each kitchen shall contain at least two (2) receptacles.
(3)
Lighting fixtures. Each public hall, interior stairway,
water closet compartment, bathroom, laundry room and furnace room
shall contain at least one (1) electric lighting fixture.
(4)
Service. When the electrical system requires modification
to correct a violation of this section, the service shall be corrected
to a minimum of sixty-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 laws. 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 dwelling 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 (1) 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 (2) 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 quantities consistent with
normal usage.
(3)
Residential unit. A dwelling unit may not be located
within a structure containing an establishment handling, dispensing
or storing flammable liquids with a flashpoint of one hundred degrees
Fahrenheit (100° F.) or lower, except as provided for in the applicable
local building code.
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 dwelling units shall be provided with a
minimum of one (1) single-station smoke detector in the vicinity of
each sleeping area.
(b)
The smoke detectors shall be installed and maintained
in accordance with the state fire laws, Article 38A, § 12A,
of the Annotated Code of Maryland, Smoke Detection Systems.
(c)
When actuated, the smoke detector shall provide
an alarm of suitable intensity to warn the occupants within the dwelling
unit.
(3)
Fire suppression systems. Fire suppression systems
in dwelling 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 extinguishers. All portable fire extinguishers
in dwelling 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.
Scope. Only the property owner shall be responsible for compliance with the provisions of this Part 1 and may be cited for violations of it, except as provided in this section. A person may not rent or lease to another person for occupancy or use any dwelling unit unless the structure and premises comply with the provisions of this Part 1.
B.
General. A property owner may not be cited for a violation
of this Part 1 that is caused by the negligent, wrongful or malicious
acts or omissions of a tenant, provided that the property owner's
acts or omissions have not contributed in any way to cause the violation.
C.
Sanitary condition.
(1)
Cleanliness.
(a)
The tenant shall be responsible for keeping
that part of the structure or premises which the tenant occupies,
controls or uses in a clean and sanitary condition.
(b)
Each property owner of a structure containing
two (2) or more dwelling units shall maintain in a clean and sanitary
condition the common areas of the structure and premises.
(2)
Disposal and storage of rubbish and garbage. The tenant
shall be responsible for the storage and disposal of rubbish and garbage
in a clean and sanitary manner as may be required by applicable laws
or ordinances.
(3)
Rubbish and garbage storage facilities. Every dwelling
unit for multiple occupancy shall be supplied by the owner with garbage
and rubbish storage facilities. The owner, operator or agent of such
dwelling shall arrange for regular removal of garbage and rubbish.
(4)
Supplied fixtures and equipment.
(a)
The tenant shall be responsible for keeping
owner-supplied equipment and fixtures clean and sanitary and for the
exercise of reasonable care in their proper use and operation.
(b)
The property owner shall be responsible for
maintaining the equipment and fixtures in good and proper operating
condition.
(5)
Fixtures and equipment. The tenant shall be responsible
for the maintenance of equipment and fixtures furnished by the tenant.
The equipment and fixtures shall be properly installed and shall be
maintained in good working condition, kept clean and sanitary and
free of defects, leaks or obstructions.
D.
Extermination.
(1)
All structures. If necessary, the property owner shall
be responsible for exterminating within the structure and on the premises
before renting or leasing the structure.
(2)
Single occupancy. The tenant of a structure containing
a single dwelling unit shall be responsible for the extermination
of any insects, rodents or other pests in the structure or the premises.
(3)
Multiple occupancy. Each property owner or operator
of a structure containing two (2) or more dwelling units shall be
responsible for the extermination of any insects, rodents or other
pest in the structure or on the premises except where infestation
within a dwelling unit is caused by a failure of the tenant to take
reasonable action to prevent the infestation within the dwelling unit.
