As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A detached structure located on or partially on premises
that is not to be used for living or sleeping by an occupant.
BASEMENT
That portion of a structure which is partly or completely
below grade.
BUILDING CODE
The building code adopted by the Cecil County Council or
such code as may be designated by the Cecil County Council for the
regulation of construction, alteration, addition, repair, removal,
demolition, use, location, occupancy, or maintenance of premises and
structures.
CENTRAL HEATING
The heating system permanently installed and adjusted so
as to provide the distribution to all habitable areas from a source
outside of these areas.
CODE
The Minimum Livability Code regulations.
CODE OFFICIAL
The official or any duly authorized agent or designee of
the County in which the housing/dwelling unit is located who is authorized
to enforce this code.
CONDEMN
To declare a structure or part of it, premises, or equipment
unsafe or unfit for use or occupation.
DEPARTMENT
The Department of Permits and Inspections for Cecil County.
DWELLING
A building that is used or intended to be used for living
or sleeping by human occupants, including manufactured homes permanently
affixed for more than 30 consecutive days. "Dwelling" does not include
a tent, automobiles, truck body, camper, boat or other structure used
for human shelter that is designed to be transportable and that is
not attached to the ground, to another structure, or to a utility
system on the same premises for more than 30 consecutive days.
DWELLING UNIT
A room or group of rooms located within a dwelling that forms
a single habitable unit with facilities that are used or intended
to be used for living, sleeping, cooking and eating.
EXTERMINATION
The control and elimination of insects, rodents, or other
pests by:
A.
Eliminating their harborage places;
B.
Removing or making inaccessible materials that may serve as
their food;
C.
Poison spraying, fumigating, trapping or by any other pest elimination
methods which have received all necessary and legally required approvals.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
HABITABLE AREA
The space in a structure used for living, sleeping, eating
or cooking, including bathrooms and toilet compartments. Closets,
halls, storage or utility space, and similar areas are not considered
habitable areas.
HOUSING UNIT
A single unit of a structure providing or intended to provide
complete living and sleeping facilities for one or more persons.
INFESTATION
The presence of insects, rodents, vermin or other pests within
or contiguous to a structure or premises.
KITCHEN
A room containing any of the following equipment or area
of a room within three feet of the following equipment:
A.
Sink or other device for dishwashing;
B.
Stove or other device for cooking;
C.
Refrigerator or other device for cool storage of food;
D.
Cabinets or shelving for storage of equipment and utensils;
E.
Counter or table for food preparation.
MAINTENANCE
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 code and other applicable statutes, codes and
ordinances.
OCCUPANT
An individual having possession of a space within a housing
unit.
OPERATOR
A person who has charge, care or control of a structure or
premises which is offered for occupancy.
PERSON
An individual, partnership, limited partnership, trust, estate,
association or corporation; any officer of any corporation, any partner
of any partnership or any related corporation, partnership, limited-liability
company or limited-liability partnership owned in whole or in part
by any aforementioned party.
PLUMBING
The practice, materials, facilities and fixtures used in
the installation, maintenance, extension, or alteration of all piping,
fixtures, appliances and appurtenances within the scope of the applicable
plumbing code.
PLUMBING FIXTURE
A receptacle or device which:
A.
Is either permanently or temporarily connected to the water
distribution system of the premises and demands a supply of water
from it;
B.
Discharges used water, liquid-borne waste materials or sewage
either directly or indirectly to the drainage system of the premises;
or
C.
Requires both a water supply connection and a discharge to the
drainage system on the premises.
PROPERTY OWNER
A person having a legal or equitable interest in the premises,
including the guardian of an 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, or any officer of any corporation, any
partner of any partnership or any related corporation, partnership,
limited-liability company or partnership owned in whole or in part
by any aforementioned party.
RODENTPROOFING
The permanent closing of openings in foundations, basements,
cellars, exterior and interior walls to prevent rodents from gaining
access to or from food, water, harborage or a given space or building.
RUBBISH
Paper, rags, cartons, boxes, wood, rubber, leather, tree
branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery, dust, and other similar materials, as well as the residue
from the burning of wood, coal, coke and other combustible materials.
STRUCTURE
A residential structure used for human habitation.
TENANT
An occupant other than a property owner.
VACATED DWELLING
A dwelling unit vacated or caused to be vacated by virtue
of noncompliance with the provisions of this code.
VENTILATION
The process of supplying and removing air by natural or mechanical
means to or from a space.
B.
NATURAL VENTILATIONVentilation by opening to outer air through windows, skylights, doors, louvers or stacks without power-driven devices.
The provisions of this regulation shall establish the minimum
standards for maintenance of premises and structures.
A. Premises condition.
(1) The premises shall be maintained in a clean, safe, and sanitary condition
free from any accumulation of rubbish or garbage.
(2) The premises shall be free from infestation of insects, rodents,
vermin or other pests.
B. Exterior of structure.
(1) 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) Supporting structural members of a structure shall be kept structurally
sound, free of deterioration and maintained capable of safely bearing
the dead and live loads imposed upon them.
(3) Each foundation, exterior wall, roof and all 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 shall be structurally sound and shall be maintained
free from open cracks and breaks.
C. 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 maintained, weatherproofed and shall be properly
surface-coated, when required, to prevent deterioration.
D. Roofs and drainage. The roof shall be structurally sound and may
not have defects which might admit rain or other moisture penetration.
Roof drainage shall be adequate to prevent rainwater from causing
dampness or deterioration in the walls or interior portions of the
structure.
E. Chimneys.
(1) All chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained 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.
F. 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 in good repair.
G. 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.
H. Weathertight. Each window and exterior door shall be fitted reasonably
in its frame and be weathertight. Each window shall be free from cracks
and holes.
I. Operable windows. Each window used for ventilation or emergency escape
shall be capable of being easily opened from the inside and shall
be held in position by window hardware.
J. Insect screens.
(1) During the period from April 1 to December 1, every door and window
or other outside opening required for ventilation purposes shall be
supplied with tight-fitting insect screens.
(2) Exception. Upon prior approval of the Code Official, screens may
not be required for exterior doors and 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.
K. Door hardware. Each exterior door and its hardware shall be maintained
in good working condition. Door locks on all interior and exterior
doors entering housing units shall be in good repair and capable of
tightly securing the door.
L. Interior structure.
(1) The interior of a structure and its equipment and facilities shall
be maintained in good repair, structurally sound and in 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 out the imposed loads.
(3) Floors, walls (including windows and doors), ceilings and other interior
surfaces shall be maintained in good repair and in 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.
M. Sanitation.
(1) The interior of a structure shall be maintained in a clean and sanitary
condition free from any accumulation of rubbish and garbage.
(2) Rubbish and garbage shall be properly kept inside temporary storage
facilities.
(3) Garbage or rubbish may not be allowed to accumulate or be stored
in public hallways or stairways.
N. 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 extermination of the infestation
by a licensed professional exterminator, and proof shall be provided
to the County. Any displacement of the occupants during this time
will be the responsibility of the property owner.
O. Exit doors. Each door available as an exit shall be capable of being
opened easily from the inside.
P. Exit facilities.
(1) All interior stairs and railings and other exit facilities of a structure
shall be maintained in sound condition and in good repair.
(2) Each interior stair used for exit shall be maintained so as to be
safe to use and capable of supporting the anticipated loads.
The provisions of this regulation shall govern the minimum standards
for plumbing facilities and fixtures.
A. 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 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 and 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. The sink shall be supplied with hot and cold running
water.
B. Plumbing fixtures. 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.
C. Connections.
(1) 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 functions for which they are designed.
(2) All repairs and installations shall be made in accordance with the
provisions of the applicable adopted plumbing and building codes for
the County.
D. All plumbing fixtures shall be maintained in a clean and sanitary
condition so as not to breed insects, rodents or produce dangerous
or offensive gases or odors.
E. Plumbing fixtures shall be installed to permit easy access for cleaning
both the fixture and the area around it.
F. Water system.
(1) Each sink, lavatory, bathtub or shower, drinking fountain, water
closet or other plumbing fixture 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) The water supply shall be maintained from contamination. All water
inlets for plumbing fixtures shall be located above the overflow rim
of the fixture.
(3) 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.
G. Water-heating facilities.
(1) 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.
(2) 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 similar facilities at a temperature of not less than 110° F.
H. Sewage system.
(1) Each sink, lavatory, bathtub or shower, drinking fountain, water
closet, or other plumbing fixture 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) 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.
(3) All repairs and installations shall be made in accordance with the
provisions of the applicable adopted building or plumbing codes for
the County.
The provisions of this regulation shall govern the minimum standards
for mechanical and electrical facilities and equipment.
A. Heating facilities for residential structures.
(1) Each housing unit shall be supplied with sufficient heat or heating
equipment capable of supplying sufficient heat during the period from
October 1 to May 30 to maintain a room temperature of not less than
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 room temperature
of not less than 60° F. during other hours.
(2) The temperature shall be measured at a point three feet above the
floor and three feet from exterior walls.
(3) Exception. When the exterior temperature falls below 0° F.
and the heating system is operating at its full capacity, a minimum
room temperature of 60° F. shall be maintained at all times.
B. Cooking and heating equipment.
(1) 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.
(2) All installations and repairs shall be made in accordance with the
provisions of the applicable adopted building, mechanical and/or other
applicable codes or ordinances of the County.
(3) Portable cooking equipment employing a flame is prohibited.
C. 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 intended and designed.
D. Fuel-burning equipment. All fuel-burning equipment shall be connected
to a chimney, flue or vent in accordance with applicable local and
state codes or according to manufacturer's instructions in cases
where no local or state codes apply.
(1) Clearances. All necessary and legally required clearances to combustible
materials shall be maintained.
(2) 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.
(3) Combustion air. A supply of air for complete combustion of the fuel
and for ventilation of the space shall be provided for the fuel-burning
equipment.
E. Unauthorized devices.
(1) 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.
(2) An owner or occupant may not install, operate or use an unvented
or unsafe self-contained heating appliance of either the circulating
or radiant type intended to heat one room.
F. Fireplaces. Fireplaces and other construction and devices 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.
G. Climate control. When facilities for interior climate control (heating,
cooling and humidity) are integral functions of housing units, these
facilities shall be maintained and operated in accordance with the
designed capacity.
The provisions of this regulation 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.
A. Means of egress.
(1) 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) Each housing unit shall have access directly to the outside or to
a common area that leads directly to the outside.
(3) All doors in the required means of egress shall be easily opened
from the inner side.
(4) All fire escapes shall be maintained in working condition and structurally
sound.
(5) All exit signs shall be illuminated and visible.
(6) Each sleeping room, including those located in a basement, shall
have at least one operable 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.
B. Accumulations and storage.
(1) Garbage or rubbish may not be allowed to accumulate in stairways,
passageways, doors, windows, fire escapes or other means of egress.
(2) Highly flammable or explosive matter, such as paints, volatile oils
and cleaning fluids or combustible rubbish such as wastepaper, boxes
and rags, may not accumulate or be stored on premises except reasonable
quantities consistent with normal usage.
(3) A housing unit may not be located within a structure containing an
establishment handling, dispensing or storing flammable liquids with
a flash point of 100° F. or lower, except as provided for
in the applicable building code.
C. 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 and the integrity of the components is maintained.
D. Fire protection systems.
(1) All fire protection systems and equipment shall be maintained in
proper condition at all times.
(2) Smoke alarms/detectors shall be installed outside each separate sleeping
area in the immediate vicinity of the bedrooms.
(3) The smoke detectors shall be installed and maintained in accordance
with the state fire laws and the adopted applicable building and electrical
codes for the County.
(4) When actuated, the smoke detector shall provide an alarm suitable
to warn the occupants within the unit.
(5) 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.
(6) 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.
(7) The use of door stops, wedges and hold-open devices which have not
received all necessary and legal approvals or which have been denied
approval is prohibited.
[Amended 11-13-2012 by Ord. No. 2012-12]
The County shall establish a schedule of fees, charges, and
expenses and a collection procedure for appeals and other matters
pertaining to this chapter. The schedule of fees shall be available
from the Department of Permits and Inspections and may be altered
or amended only by the Cecil County Council upon recommendation by
the County Executive.
The Code Official, officer, employee or board member charged
with the enforcement of this code, while acting for the jurisdiction,
shall not thereby be rendered liable personally, and the Code Official,
officer, employee or board member is hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of any act required or permitted in the discharge of official duties.
Any suit instituted against any officer or employee or board member
because of an act performed by that person in the lawful discharge
of duties and under the provisions of this code shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The Code Official or any subordinates or board
member shall not be liable for any costs in any action, suit or proceedings
that are instituted in pursuance of the provisions of this code; and
any officer of the Department of Permits and Inspections, acting in
good faith and without malice, shall be free from liability for acts
performed under any of its provisions or by reason of any act in the
performance of official duties in connection therewith.