Town of Brentwood, MD Building Construction and Maintenance

Any person, persons, firm or corporation who or which intends to build, remodel or repair any building or other structure of wood, masonry or metal or who or which intends to install or construct any electrical wiring or connections or any electrical appliances or machinery which requires special wiring, connections or installation for its operation shall make application for a permit to the Town Clerk and pay the fee hereinafter prescribed. Upon receipt of such application, together with the appropriate fee, the Town Clerk shall present the application to the Mayor and Town Council for action at their next regular meeting, or if so authorized by the Mayor and Town Council, the Clerk may issue said permit immediately. In either case, the application for and acceptance of said permit shall constitute an acceptance on the part of the contractor, builder or installer of the provisions of this article and such other regulations and restrictions as are imposed by it.

§ 50-2 Adoption of standards.

The building regulations in force and effect in Prince George's County are hereby adopted to be the building regulations for the Town of Brentwood.

§ 50-3 Permit fees.

[Amended 4-19-1999 by Res. No. 99-3]

The cost of obtaining a building permit shall be based on the estimated cost of performing a building project involving any construction, remodeling or repairing of any building or other structure of wood, masonry or metal or installation or construction of any electrical wiring or connections or any electrical appliances or machinery which require special wiring, connections or installation for their operation.

The cost of obtaining a building permit shall also include relocation or conversion or removal or demolition of any building or structure based on the estimated cost.

No permit will be required for a building project with an estimated cost of $200 or less.

The permit fee for a building project over $200 shall be established by the Mayor and Council.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 50-4 County permit required.

The applicant for a permit shall obtain a county permit and exhibit the same to the Town.

§ 50-5 Exemptions from permit requirements.

Minor building repairs or alterations made by competent craftsmen and costing less than $150 for both materials and labor may be made without securing a permit, provided that such repair or alteration does not involve wiring costing more than $20 for labor and materials and involves not more than three electrical outlets.

§ 50-6 Supervision of heating system installations.

The County Building Inspector and/or County Fire Marshal shall have supervision over the erection and installation of all heating apparatus. It shall be his duty to enter any building or premises under construction or repair to inspect the heating equipment, including chimneys, flues and pipes with which the same shall be connected; and he shall require correction of any features which, through faulty material or construction, appear to be defective or dangerous by the creation of a fire hazard. The County Building Inspector and/or County Fire Marshal shall give specific instructions for correction to the owner or builder, to be made within a reasonable time.

§ 50-7 Fences.

[Amended 1-3-2000]

Definitions. As used in this section, the following terms shall have the meanings indicated:

FENCE

Any structure, regardless of composition (except structures or hedges composed of live materials), that is constructed or maintained for purposes such as, but not limited to, enclosing a piece of land, dividing a piece of land into distinct portions, exclusion, protection, privacy, security, retainment and aesthetics.

FRONT YARD

That portion of the yard in front of the rear building line of a lot and any building. All corner lots adjacent to a public street shall also be considered front yards. A corner lot shall comply with the fence regulations for front yards on each property line and yard which is adjacent to a street.

HEIGHT

The distance measured from the existing grade to the top of the fence.

It shall be unlawful to construct, erect or modify a fence on property in the Town without first having obtained a permit from the Town to do so.

Applications for a fence permit must be in writing on the form approved by the Town, and signed by the owner(s) of the property. The application must include the proposed location, plot plan with sketch, a statement setting forth the length, height and thickness and a description of the materials to be used. A fee established by the Mayor and Council shall accompany the application for a fence of greater than four feet.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

An application for a four-foot or shorter fence shall be reviewed and approved by the Town Administrator without further action by the Town Council. An application for a fence of greater than four feet must be approved by the Town Council. Such application shall be considered at the next Town Council meeting or within 30 days from the date on which the Town Clerk receives the completed application in writing.

The application will be approved, and the permit issued, by the Council, based upon the following considerations:

(1)

Whether the fence complies with the requirements contained herein;

(2)

Whether the fence will unduly obstruct light and air from neighboring properties or public ways;

(3)

Whether the fence will obstruct visibility upon public streets; and

(4)

Whether the materials are in keeping with the character and purposes for which the fence is intended.

Permits must be available for inspection at the site during construction of the fence.

Any fence erected in a front yard shall be placed at least five feet back from the curbline and/or property line.

[Amended 11-21-2005 by Ord. No. 2005-7]

Any fence erected in a front yard or along a public right-of-way must be uniformly less than 60% solid, with visibility (open space) of at least 40% of the area.

Any chain-link fence must be erected with the closed loop at the top of the fence.

Any wood, stockade, chain-link or other type of fence shall have the smooth side or finished side facing the outside of the property being fenced. Unless an integral part of the decorative design of the fence, all fence posts shall be placed on the inside of the fence in the applicant's yard.

All gates shall open onto the property and shall not open over the sidewalk or the street.

It shall be unlawful to construct, erect or modify any fence of the following descriptions:

(1)

Front yard and corner lot fences having a height of greater than 48 inches.

(2)

Back yard and side yard fences having a height of greater than six feet.

(3)

Any fence that extends forward of the building lines of any existing or proposed dwelling or beyond any required front setback line.

(4)

Any fence that extends beyond the property line.

(5)

Any fence that encroaches upon a public right-of-way or interferes with vehicular or pedestrian traffic or visibility.

(6)

Any double fence, i.e., a fence that runs alongside or parallel to another fence on the same property.

It shall be unlawful to construct, erect or modify any fence which unduly cuts off light or air, which may cause a nuisance, a fire hazard, a dangerous condition, an obstruction to persons and equipment for combating fires or which may otherwise adversely affect public safety.

It shall be unlawful to construct, erect or maintain any fence of the following materials or types:

Barbed wire.

Razor wire.

Canvas fences.

Cloth fences.

Electrically charged fences.

(6)

Fences primarily intended to contain poultry or other livestock.

(7)

Turkey or chicken wire.

(8)

Fences which contain any hazardous substances, such as barbed wires, broken glass, spikes, nails or similar material designed to inflict pain or injury to any person or animal.

(9)

Expandable fences and collapsible fences, except during construction of a building.

All fences shall be kept in good repair. Fences shall be continually maintained and no fence shall be permitted to become unsightly or in a state of disrepair.

Except as provided in Subsection O, the owner of the property on which a fence is in need of repair shall provide the necessary repairs to the fence within 30 days after receipt of notice from the Town stating the need for such repairs. The Town shall have the authority to direct, in writing, the removal, trimming, repair or modification of any fence, within 14 days, if the fence interferes with adequate visibility or operation of motor vehicles at street intersections, driveways or curbs.

The Town Council may authorize a waiver from the provisions of this section where there are practical difficulties in carrying out the strict letter of any of the provisions hereof or where special circumstances exist. However, no such waiver shall be granted except in a specific case and after a public hearing before the Town Council at which the applicant had the burden of showing the need for such a waiver.

The penalty for violating any of the provisions of these fence regulations shall be those set forth in § 50-8 of this article.

§ 50-8 Violations and penalties.

Upon conviction of a violation of any of the provisions of this article, except as herein otherwise specifically provided, the violator shall be punished by a fine of not less than $5 nor more than $50 or by imprisonment for a term of not less than five days nor more than 30 days, or both, in the discretion of the court.

Article II Rental Property

[Adopted 12-19-1988 (Ch. 43 of the 1986 Code)]

§ 50-9 Registration of rental property.

Any person or persons, partnership or corporation owning property located in the Town of Brentwood, any part of which is leased or rented to another person, partnership or organization, shall register the property with the Clerk by providing the name, address and telephone number of the owner of the property and address of the property leased or rented. This section shall not apply to any person or persons owning such leased or rented property and residing thereon.[1]

[1]

Editor's Note: Original § 43-2 of the 1986 Code, Failure to comply to constitute infraction, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 50-10 Definitions and word usage.

Where terms are not defined, they shall have their ordinarily accepted meanings such as the context may imply. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; and the singular includes the plural and the plural the singular.

As used in this article, the following terms shall have the meanings indicated:

BASEMENT

Any portion of a building located wholly or partially underground having any portion or all of its clear floor-to-ceiling height below the average grade of the adjoining ground.

BUILDING CODE

The Basic Building Code, latest edition, and current cumulative supplement officially adopted by Prince George's County and the Town of Brentwood[1] for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of premises, buildings and structures.

CENTRAL HEATING

The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.

CONDEMN

To declare a structure or part thereof, premises or equipment unsafe or unfit for use or occupation.

DWELLING

A building or structure, or portion thereof, used for human occupancy, including garages and other appurtenances.

DWELLING UNIT

Any room or group of rooms located within a dwelling intended to provide a complete single habitable unit for one or more persons with facilities which are used or intended to be used for living, sleeping, cooking and eating.

EMERGENCY

An unforeseen occurrence or condition, or a rapid deterioration of circumstances, necessitating immediate action to avert imminent danger to life, liberty or property.

EXTERIOR PROPERTY AREAS

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating or trapping; or by any other pest-elimination methods as allowed by law.

GARBAGE

The animal, mineral and vegetable waste resulting from the handling, preparing, cooking and serving of food, exclusive of recognized industrial by-products and human and animal feces.

GROSS FLOOR AREA

The total area of all habitable space in a building or structure.

HABITABLE SPACE

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces, recreation rooms, workshops and other rooms used only occasionally.

HOUSING CODE

All rules and regulations contained herein or promulgated pursuant to authority hereunder.

HOUSING OFFICER

That person appointed by the Mayor with consent of the Council to enforce the Housing Code(s).

INFESTATION

The presence, within or around a dwelling, of insects, rodents, vermin or other pests.

MAINTENANCE

Acts of repair and other acts to prevent a decline in the condition of grounds, structures, other appurtenances and equipment such that the condition does not fall below the standards established by this code and other applicable statutes, codes and ordinances.

MULTIPLE DWELLING

Any dwelling containing two or more dwelling units.

OCCUPANT

Any person over one year of age (including the owner or operator and domestic service employees) living, sleeping, cooking or eating in or having actual possession of space within a dwelling unit or rooming unit.

OPERATOR

An owner.

ORDINARY MINIMUM WINTER CONDITIONS

The temperature 15° F. above the lowest recorded temperature for the previous ten-year period.

OWNER

Any person who, alone or jointly or severally with others:

(1)

Shall have legal and/or equitable title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession thereof; or

(2)

Shall have charge, care, possession or control of any dwelling unit or rooming unit, as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the state of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

PERSON

Any individual, firm, corporation, association, partnership, limited partnership, trust or estate.

PLUMBING

The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the Plumbing Code, including but not limited to all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, water heating facilities, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplies or fixtures, together with all connections to water, sewer or gas lines.

PLUMBING FIXTURE

A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a water supply therefrom, or which discharges used water, liquidborne waste materials or sewage either directly or indirectly to the drainage system of the premises, or which requires both a water supply connection and a discharge to the drainage system of the premises.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

RENTAL DWELLING

A rented or leased room or group of rooms forming a single habitable dwelling or rooming unit occupied by one or more persons which is intended to be used by the occupants for living or sleeping.

RENOVATION

A building and its facilities made to conform to present day minimum standards of sanitation, fire- and life safety.

RESIDENCE BUILDING

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.

ROOMING UNIT

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.

RUBBISH

All combustible and noncombustible waste materials, except garbage; and the term shall include but not be limited to the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin and aluminum cans, metals, mineral matter, glass, crockery, and dust.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING

Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 consecutive days.

VENTILATION

The process of supplying and removing air by natural or mechanical means to or from any space.

(1)

MECHANICALVentilation by power-driven devices.

(2)

NATURALVentilation by openings to the outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.

WORKMANLIKE

Whenever the words "workmanlike state of maintenance and repair" are used in this article, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner and in accordance with industry standards so as to secure the results intended by this code.

YARD

An open space surrounding a building.

[1]

Editor's Note: See Art. I of this article.

§ 50-11 Scope; construal of provisions.

Every portion of a building or premises used or intended to be used for residential rental purposes shall comply with the provisions of this code as set out herein, irrespective of when such building shall have been constructed, altered or repaired. This code shall be construed liberally and justly to ensure the public health, safety and welfare.

§ 50-12 License required; temporary certificates; inspections; renewal.

Rental license. It shall be unlawful for any person to rent or lease any non-owner-occupied premises, or any premises which are occupied by the owner and rented to more than one other person, including any single-family rental dwelling unit, multiple rental dwelling unit or rooming unit within the Town of Brentwood, without having first obtained a license or temporary certificate to do so as hereinafter provided.

License application for existing rental property. Within 60 days after the enactment of this article, the legal owner of record shall make written application to the Town of Brentwood for a rental unit license upon such form or forms as the Town shall from time to time designate. For any other property proposed to be used as rental property, such application shall be made at least 30 days prior to the effective date of any lease. Said forms shall include the owner's address for service of any notices required under this article. Such application shall be submitted together with a nonrefundable rental license fee. The amount of such fee is to be established by the Mayor and Town Council.

Single-family and multiple rental dwelling units rental license fee.

[Added 6-6-2013 by Ord. No. 2013-04; amended 11-15-2017 by Ord. No. 2017-08]

(1)

There is hereby levied and shall be collected a rental license fee on single-family and multiple rental dwelling units for the use of any municipal services, including police protection, fire protection, street lighting, street maintenance, street cleaning and street improvements, parks and recreational facilities, and other essential municipal services, and in compliance with § 50-12B of the Town of Brentwood Code.

(2)

Every person conducting, managing, or carrying on multiple rental dwelling units having more than one rental dwelling unit shall pay an annual fee in the amount of $100 for each rental dwelling unit, and every person conducting, managing or carrying on a single-family rental dwelling unit shall pay an annual fee in the amount of $200 for such unit.

(3)

For the purpose of this section, a multiple rental dwelling unit is also considered to be a separate dwelling unit on the same parcel or lot as other separate dwelling units.

(4)

Payment of this fee is required by January 1 of each year. No inspection will be undertaken in accordance with Chapter 50 of the Town of Brentwood Code until such time as the management company, operator or owner applies for and pays the rental license fee in accordance with § 50-12 of the Town of Brentwood Code.

(5)

The Town Clerk shall be charged with the duty of mailing a statement on a yearly basis to the management company, operator or owner of each single-family or multiple rental dwelling unit to be charged with the rental license fee hereby imposed for the fee due for the preceding year, but failure to mail any statements of yearly charges shall not be grounds for avoiding payment.

Temporary certificates. Upon receipt of a completed application for a license, the Mayor shall issue a nontransferable temporary certificate, indicating that a license has been duly applied for and that a nontransferable license shall be issued or denied after the building, including interior portions thereof, and premises have been inspected for compliance with applicable provisions of the Housing Code.

Inspections. All rental properties shall be subject to periodic inspection to determine if they are in conformance with the code and shall be inspected at least once each year prior to renewal of the rental license. Permission for such inspections, without the necessity for obtaining any further permission or judicial warrant, is a condition of any license or temporary certificate. Failure to allow entry for such inspection or restraining any tenant from allowing entry for such inspection shall constitute sufficient reason for the denial or revocation of the rental license or temporary certificate.

[Amended 5-6-2014 by Ord. No. 2014-04]

Revocation or denial of license. A license may be revoked or denied by the Mayor if the owner, after 10 days' notice from the Town, fails to eliminate or to initiate good faith efforts to eliminate violations of the Housing Code. Revocation or denial of a license shall be in addition to and not in substitution for such other penalties as may be provided for said violation elsewhere in this code.

License renewal. Licenses and temporary certificates issued hereunder shall expire one year from the date of issuance and shall be renewable annually at the fees set by the Mayor and Town Council. Application for renewals shall be made at least 60 days prior to the expiration date.

[Amended 6-6-2013 by Ord. No. 2013-04]

Delinquent rental license fees.

[Added 6-6-2013 by Ord. No. 2013-04; amended 11-15-2017 by Ord. No. 2017-08]

(1)

In the event any rental license fee provided for in this section remains unpaid for a period of 30 days after the same becomes due and payable pursuant to the provisions of this section, the same shall be declared delinquent, and the Town Treasurer shall thereupon add such to such rental license fee and collect a penalty of 20% of the license so delinquent and, if such license is not paid within 60 days from the time such rental license fee becomes due and payable, an additional penalty of 15% of such rental license fee shall be added to such rental license fee license. In computing such thirty- and sixty-day periods, the day upon which such rental license fee becomes due and payable shall be included in the computation.

(2)

The penalties provided in this section shall be in addition to all other fines and/or penalties which may otherwise be levied or assessed pursuant to the provisions of this section. The Town Clerk is hereby authorized to collect the rental license fee and any penalties assessed herein imposed on a yearly basis. Any fee paid to the Town of Brentwood pursuant to the terms of this section of the Town Code shall be deemed paid upon the date payment was received by the Town Clerk.

Display of licenses. Licenses and temporary certificates issued under this section shall be produced on the demand of a tenant or prospective tenant and shall be available at reasonable times for examination by the Housing Officer of the Town.

Change of address. The owner shall promptly notify the Town of any change of address.

Report by the Clerk. The Town Clerk shall, within 60 days after the end of each fiscal year, report to the Council a list of all multiple rental dwelling units which are delinquent in the payment of the rental license fee or any portion thereof for the preceding fiscal year, and the Council shall by resolution direct the Town Clerk and other municipal employees to take such action as the Council deems advisable and necessary in regard to the payment of such delinquent fees.

[Added 6-6-2013 by Ord. No. 2013-04; amended 11-15-2017 by Ord. No. 2017-08]

Reduction of lead risk in housing. Before issuance of a license or temporary certificate, the property owner shall file with the Town the statement required by § 1-503 of the Local Government Article of the Annotated Code of Maryland.

[Added 5-6-2014 by Ord. No. 2014-04]

§ 50-13 Requirements for occupancy.

Minimum ceiling heights. Habitable rooms shall have a clear ceiling height of not less than 7 1/3 feet, except that in attics or top half-stories, the ceiling height shall be not less than seven feet nor less than 1/3 of the area of such space when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the rooms having a clear ceiling height of five feet or more may be included.

Required space in dwelling or rooming units. Every dwelling or rooming unit shall contain a minimum gross floor area of not less than 150 square feet for the first occupant and 100 square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.

Required space in sleeping room. Every room occupied for sleeping purposes by one occupant shall have a minimum gross floor area of at least 70 square feet. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant thereof.

Location of bath and second sleeping room. No dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall the room arrangement be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

Occupancy of dwelling units below grade. No dwelling unit partially below grade shall be used for living purposes unless:

(1)

Floors and walls are watertight; and

(2)

Total window area, total operable area and ceiling height are in accordance with this code.

§ 50-14 Inspections; right of entry; alterations and repairs.

Generally. The Housing Officer is hereby authorized to enforce the provisions of this code and is directed to make inspections to determine the condition of rental dwellings, dwelling units, multiple dwelling units, rooming units and premises located within the Town of Brentwood, Maryland, in order that he or she may perform his or her duty of safeguarding the health, safety and welfare of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Housing Officer is hereby authorized, upon presentation of proper credentials, to enter, examine and survey at all reasonable times all non-owner-occupied rental dwellings, dwelling units, multiple dwelling units, rooming units and premises or any such rental dwellings occupied by the owner and rented to more than one other person. The owner or occupant of every such rental dwelling, dwelling unit, multiple dwelling unit and rooming unit, or the person in charge thereof, shall give the Housing Officer free access to such dwelling unit, multiple dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of any such rental dwelling or dwelling or multiple dwelling unit or rooming unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or multiple dwelling unit or rooming unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.

[Amended 11-21-2005 by Ord. No. 2005-2]

Entry. If any owner, occupant or other person in charge of a structure subject to the provisions of this code prevents, 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 code is sought, the Housing Officer (or other representatives of the administration) may seek in a court of competent jurisdiction an order that the owner, occupant or other person in charge cease and desist with such interference.

Alterations and repairs.

(1)

The Housing Officer has the authority to require and approve any alterations or repairs necessary to bring a structure or premises into compliance with this code. The determination of what may be necessary to bring the premises into compliance shall take into consideration the use of alternatives and equivalent approaches provided for in this code.

(2)

The Housing Officer shall have the authority to approve changes in alterations or repairs in the field when conditions are encountered which make the originally approved work impractical, if the changes in approved work can be readily determined to be in compliance with this code and are requested by the property owner or his agent before the changes.

(3)

The changes shall be specifically documented by the property owner or 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.

§ 50-15 Unfit rental premises.

Dangerous structures and equipment. Any rental dwelling, premises or part thereof which shall be found to be unsafe, unlawful or to have any of the following defects may be condemned as unfit for human habitation and shall be so designated and placarded by the Housing Officer with prior approval of the Mayor and Council. It shall not be reoccupied without approval from the Housing Officer. Unsafe equipment may be condemned, placarded and placed out of service pursuant to this section.

(1)

One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.

(2)

One which lacks illumination, fire protection, ventilation or sanitation facilities or other essential equipment required by this code adequate to protect the health or safety of the occupants or of the public.

(3)

One which because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.

(4)

One which is occupied by more persons than permitted under this code or applicable law.

(5)

One in which the equipment is unsafe, including any boiler, heating equipment, cooking 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 office to be a hazard to the life, health, property or safety of the tenants of the premises or structure.

Posting of placard. Any rental premises or portion thereof declared as unfit for human habitation shall be posted at each entrance with a placard by the Housing Officer. It shall be unlawful for any person to enter such rental dwelling, premises or portion thereof (after the date set forth in the placard to vacate) except for the reason of making the required repairs or of demolishing the same. The placard shall include the following:

(1)

Name of Town.

(2)

The chapter and section of the code under which it is issued.

(3)

An order that the dwelling or multifamily dwelling shall be vacated by a stated date and must remain vacant until the order to vacate is withdrawn.

(4)

The date that the placard is posted.

(5)

A statement of the penalty for defacing or removing the placard.

(6)

A statement saying "This building is unfit for human habitation and its use or occupancy has been prohibited by the Town of Brentwood"; and the placard shall bear the signature of the Mayor.

Removal of placard or notice. No person shall deface or remove the placard from any rental dwelling, premises or portion thereof which has been declared or placarded as unfit for human habitation except by authority in writing from the Housing Officer.

Vacating of declared buildings. Any rental dwelling, premises or portion thereof declared as unfit for human habitation and so designated and placarded shall be vacated within a reasonable time as ordered by the Housing Officer, and it shall be unlawful for any owner or operator to let any person inhabit said rental dwelling, premises or portion thereof which has been declared and placarded by the Housing Officer with approval of the Mayor and Town Council as unfit for human habitation after the date set forth in the placard. The Housing Officer shall remove such placard whenever the defect or defects upon which the declaration and placarding action were based have been eliminated.

Notice to owner. Whenever the Housing Officer has determined that there has been a violation of this code, has reasonable grounds to believe that a violation has occurred or, with approval of the Mayor and Town Council, has condemned a rental dwelling, premises or any portions thereof as unfit for human habitation or equipment under this § 50-15, he shall give prior written notice to the owner. Such notice to the owner shall:

(1)

Be in writing.

(2)

Include a description of the real estate sufficient for identification.

(3)

Include a statement of the reasons why it is being issued.

(4)

State the date occupants must vacate the dwelling units if the defects have not been eliminated and the order to vacate withdrawn.

Service of notice. Service of notice that a rental dwelling, premises or portion thereof or equipment is unfit and must be vacated or placed out of service shall be as follows:

(1)

By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion who shall be informed of the contents thereof; by delivery to the person to be served or his agent of a copy of the notice and all necessary papers; or

(2)

By certified or registered mail addressed to the owner at the address provided to the Town by the owner as required by this article with postage prepaid thereon with return receipt requested; or

(3)

If the letter is returned, with the receipt showing nondelivery, then by posting a copy of the notice in placard form in a conspicuous place on the premises to be affected by such notice and at least one publication of such notice in a local newspaper of record of general circulation.

Service on occupant. When a condemnation order is served on an occupant other than the owner or person responsible for such compliance, a reasonable time to vacate the property after noncompliance shall be stated. Owners or persons responsible for compliance must vacate at the time set for correction of defects if there is failure of compliance.

Sealing of unfit structure. It shall be the responsibility of the owner of the property to remove all unsanitary or flammable material and to board up all windows and doors after a dwelling has been properly determined to be unfit for human habitation, if such boarding up is determined by the Housing Officer to be necessary for reasons of health or safety. In the event that the owner of the property fails to properly seal the structure against unlawful entry, the Town of Brentwood shall take action to prevent entrance. The cost of said action shall be lien on the property and collectible in the same manner as delinquent taxes.

Further action. If, after proper notice hereunder, the owner fails to correct defects which have caused the rental dwelling, premises or portion thereof to be unfit for human habitation, the Mayor and Town Council may request additional action from the appropriate county and/or state authority.

Coordination of enforcement.

(1)

Whenever, in the opinion of the Housing Officer initiating an inspection under this code, it is deemed necessary or desirable to have inspections by any other governmental official or agency, the Housing Officer shall make a reasonable effort to arrange for the coordination of the inspections so as to minimize the number of visits by inspectors.

(2)

The Housing Officer shall confer with the other governmental official or agency for the purpose of eliminating conflicting orders before any are issued.

(3)

The Housing Officer may not, however, cause the delay of the issuance of any emergency orders by a government official or agency which the governmental official or agency determines must be issued.

§ 50-16 Emergencies. [1]

Emergency action. Whenever in the judgment of the Housing Officer an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued with the consent of the Mayor and Town Council without notice, conference or hearing, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency.

Vacating rental dwellings and premises. When, in the opinion of the Housing Officer, there is a clear and present danger to the health or safety of the occupants, the Housing Officer is authorized and empowered to order and require the occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows: "This building is unsafe and its use or occupancy has been prohibited by the Town of Brentwood," and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same.

Temporary safeguards. When, in the opinion of the Housing Officer, there exist grossly unsanitary conditions or an immediate danger of collapse or failure of a rental dwelling, premises or any part thereof which would endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been initiated.

Closing streets. When necessary for the public safety, the Mayor may temporarily close sidewalks, streets or buildings and prohibit the same from being used.

Emergency repairs. For the purpose of this section, the Mayor shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

Cost of emergency repairs. Costs incurred in the performance of emergency work shall be lien on the property and collected in the same manner as delinquent taxes.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 50-17 Violations and penalties.

Notice. Whenever the Housing Officer determines that there has been or is a violation of the provisions of this code, he shall give notice to the owner. Such notice shall:

(1)

Be in writing.

(2)

Include a description of the real estate sufficient for identification.

(3)

Include a statement of the reason or reasons why it is being issued.

(4)

State the time to correct the conditions.

Service of notice that a dwelling is in violation shall be as follows:

(1)

By delivery to the owner personally or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion who shall be informed of the contents thereof;

(2)

By certified or registered mail addressed to the owner at the address provided to the Town by the owner as required by this article with postage prepaid thereon with return receipt requested; or

(3)

If said letter is returned with receipt showing nondelivery, then by posting a copy of the notice in placard form in a conspicuous place on the premises affected by such notice and at least one publication of such notice in a local newspaper of record of general circulation.

Penalty for violations. Every person, firm or corporation who shall violate any provision of this code shall be punished by a fine of not more than $500 or by imprisonment from one day to 90 days, or both such fine and imprisonment. Every day that a violation continues after due notice has been served in accordance with the terms and provisions hereof shall be deemed a separate offense.

§ 50-18 Right to hearing.

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Mayor and Town Council or its designated committee.

§ 50-19 Maintenance of exterior property areas.

All exterior property areas shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish, waste or garbage or other offensive or dirty material.

All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any building or structure located thereon.

All exterior property areas shall be properly maintained and no weeds, briars, brush and grass more than 12 inches tall (other than garden and yard plantings properly maintained by the owner or occupant) shall be allowed to accumulate or grow on any private property adjoining any of the streets, alleys or lanes and within 100 feet thereof in the Town of Brentwood.

The storage of wood and other materials not prescribed by this article shall be accomplished in a manner designed to avoid rodents, termites and other insect infestation. Wood shall be stored at least 18 inches above the ground.

All exterior property areas shall be maintained in a clean, safe and sanitary condition free from any accumulation of junk vehicles or vehicle parts.

All exterior property areas shall be kept free from infestation by rodents, vermin, insects and other pests. Where rodents, vermin, insects and other pests are found, they shall be promptly exterminated by the owner by acceptable processes which will not be injurious to the health of humans or other animals. After extermination, proper precautions shall be taken by the owner and occupant to prevent reinfestation.

Exterior property areas shall not be utilized for any period of time for the open storage of building rubbish or refuse, bathroom or kitchen fixtures, glass, furniture or similar items or materials, irrespective of age or condition.

Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions.

Every occupant of a structure or part thereof shall store and dispose of all rubbish in a clean and sanitary manner by placing it in appropriate rubbish containers.

Every occupant of a structure or part thereof shall store and dispose of garbage or other organic waste in a clean and sanitary manner by placing it in appropriate garbage disposal facilities or garbage storage containers.

It shall be the responsibility of any property owner, renter, lessee or other occupant who shall possess animals on the same premises to keep said animals in a reasonably sanitary condition.

Continuing or repeated incidents of rodent infestation as determined by the Housing Officer shall require the installation of rodent- and verminproof walls. The rodent- and verminproof walls shall be installed in accordance with the Building Code.

All trees and shrubbery located on exterior property areas shall be maintained in such a way so as not to pose a danger to adjoining property.

§ 50-20 Maintenance of exterior structure.

The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the health, safety or welfare of the occupants and so as to protect the occupants from the adverse effects of the environment.

All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.

Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents and other pests.

All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained free from open cracks and breaks so as not to be detrimental to public safety and welfare.

Every 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 spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.

The roof shall be structurally sound, tight and not have defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness or deterioration in the walls or interior portion of the building. Roof water shall not be discharged in a manner that creates a nuisance to owners or occupants of adjacent premises or that creates a public nuisance.

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.

All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be 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.

All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe, sound, and in good repair. 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.

Every stair, porch, fire escape, balcony and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the anticipated loads and shall be maintained in a safe and sound condition and good repair. Every stair, porch and fire escape shall be maintained free of hazardous conditions such as snow, ice, mud and other debris. Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stair, and every open portion of a stair, fire escape, porch, landing or balcony which is more than 30 inches above the grade below shall have guardrails. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.

Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain and rodents as completely as possible and to substantially exclude wind from entering the dwelling or structure.

Every window and exterior door shall be fitted reasonably in its frame and be weathertight. Weather stripping shall be used to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair.

Every required window sash shall be fully supplied with approved glazing materials which are without open cracks and holes.

Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.

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 approved tight-fitting screens in good working condition, except that screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided that other approved means are employed, and for units with air conditioning and units above the fourth floor.

Every exterior door and its hardware shall be maintained in good condition. Door locks to provide security against unauthorized entry shall be required on all doors entering dwelling units and shall be in good repair and capable of tightly securing the door.

§ 50-21 Maintenance of interior structure.

The interior of a structure and its equipment 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 or visitors and to protect the occupants from the environment.

The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads.

Floors, walls (including windows and doors), ceilings and other interior surfaces shall be maintained in good repair and in a clean and sanitary condition.

Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

In every building, basements and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure.

The interior of every structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, refuse or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities as required by this article.

Garbage or refuse shall not be allowed to accumulate or be stored in public halls or stairways.

All structures shall be kept free from insect and rodent infestation, and, where insects or rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

Every door available as an exit shall be capable of being opened easily from the inside.

All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads.

Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stair, and every open portion of a stair, landing or balcony which is more than 30 inches above the floor or grade below shall have guardrails. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.

§ 50-22 Responsibilities of owners and occupants.

Only the property owner shall be responsible for compliance with the provisions of the code except as provided herein:

Every occupant of a structure or part thereof shall keep that part of the structure or premises thereof which that occupant occupies, controls or uses in a clean and sanitary condition. Every owner of a dwelling containing two or more dwelling or rooming units shall maintain, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof.

The occupant of a structure or part thereof shall keep the owner-supplied equipment and fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation. The owner shall maintain the equipment and fixtures in good and proper operating condition.

The equipment and fixtures furnished by the occupant of a structure shall be properly installed and shall be maintained in good working condition, kept clean and sanitary and free of defects, leaks or obstructions.

The owner of any premises shall be responsible for extermination within the structure prior to renting, leasing or selling the structure.

The tenant-occupant of any premises shall be responsible for the continued rodentproof condition of the structure, and if the tenant-occupant fails to maintain the rodentproof condition, the cost of extermination shall be the responsibility of the tenant-occupant.

The occupant of any premises containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in the structure or on the premises.

Every owner, agent or operator of two or more dwelling units or rooming units shall be responsible for the extermination of any insects, rodents or other pests in the public or shared areas of the structure and premises. When infestation is caused by failure of an occupant of a unit of the two or more dwelling units or rooming units to prevent such infestation in the area occupied, the occupant shall be responsible for such extermination.

For any dwelling containing two or more dwelling and/or rooming units, it shall be the responsibility of the owner to supply adequate rubbish containers and garbage disposal facilities and storage containers. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.

Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this article or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such services.

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.

§ 50-23 Plumbing, water and sewer requirements.

Plumbing facilities. The owner of the structure shall provide and maintain such plumbing facilities and fixtures in compliance with this section.

(1)

Every dwelling and/or rooming unit shall include its own plumbing facilities which are in proper operating condition, can be used in privacy and are adequate for personal cleanliness and the disposal of human waste.

(2)

Every dwelling unit shall contain within its walls and every rooming unit shall have direct access to a room separate from habitable spaces which affords privacy and a water closet supplied with cold running water. 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 said water closet is located. The lavatory shall be supplied with hot and cold running water.

(3)

Every dwelling unit shall contain and every rooming unit shall be supplied with a room which affords privacy to a person in said room and which is equipped with a bathtub or shower supplied with hot and cold running water.

(4)

Every dwelling unit shall contain and every rooming unit shall have direct access to a kitchen sink apart from the lavatory required under Subsection A(2) above, and such sink shall be supplied with hot and cold running water.

(5)

Alternative plumbing facilities and fixtures for use in dwelling or rooming units of rental housing may be allowed as approved on a case-by-case basis by the Mayor and Town Council.

(6)

Toilet rooms and bathrooms shall be designed and arranged to provide privacy.

(7)

Toilet rooms and bathrooms shall not be used as a passageway to a hall or other space. A toilet room or bathroom in a dwelling unit shall be accessible from any sleeping room without passing through more than one intervening sleeping room.

Plumbing fixtures.

(1)

All plumbing fixtures shall be maintained in a safe and usable condition. All plumbing fixtures shall be of approved nonabsorbent material.

(2)

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 capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the applicable local building code or applicable local plumbing code.

(3)

All plumbing facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rodents or produce dangerous or offensive gases or odors.

(4)

Plumbing fixtures shall be installed to permit easy access for cleaning both the fixture and the area around it.

Water system.

(1)

Every 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 an approved private water system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.

(2)

The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the overflow rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bits or faucets shall be connected to an approved atmospheric type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

(3)

The water supply system shall be installed and maintained to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily.

(4)

Where hot water is provided, water heating facilities shall be installed in an approved manner, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with the hot water. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units, at a temperature of not less than 110° F.

(5)

Alternative systems may be allowed as approved on a case-by-case basis by the Mayor and Town Council.

Sewage system.

(1)

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing facility shall be properly connected to a public sewer system or to an approved private sewage disposal system.

(2)

Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the applicable local building code or local plumbing code.

§ 50-24 Firesafety requirements.

No person shall rent or lease to another for occupancy any non-owner-occupied premises, or any premises which are occupied by the owner and rented to more than one other person, including any dwelling and rooming units or portions thereof, which do not comply with the following requirements. Except as otherwise provided, the owner of the premises shall provide and maintain such firesafety facilities and equipment in compliance with these requirements and the Fire Prevention Code.

Means of egress.

(1)

A safe, continuous and unobstructed means of egress shall be provided for each dwelling unit and rooming unit from the interior of the premises to the exterior at a street or to a yard, court or passageway leading to a public open area at grade.

(2)

Every dwelling unit and/or rooming unit shall have access directly to the outside or to an exit access corridor that leads directly to the outside.

(3)

All doors in the required means of egress shall be readily openable from the inner side. Exits from dwelling units shall not lead through other such units or through toilet rooms or bathrooms.

(4)

All required and all exiting fire escapes shall be maintained in a working condition and structurally sound.

(5)

Any exit signs shall be maintained illuminated and visible.

(6)

Every sleeping room located in a basement shall have at least one openable window or exterior door approved for emergency egress or rescue.

Accumulations and storage.

(1)

Waste, refuse or other materials shall not be allowed to accumulate in stairways or passageways, doors, windows, fire escapes or other means of egress.

(2)

Highly flammable or explosive matter, such as paints, volatile oil and cleaning fluids, or combustible refuse, such as wastepaper, boxes and rags, shall not be accumulated or stored on residential premises except in reasonable quantities consistent with normal usage.

(3)

A dwelling unit and/or rooming unit shall 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 law.

Fire-resistance ratings. Floors, walls, ceilings and other elements and components required to develop a fire-resistance rating (BOCA Code) shall be maintained so that the respective fire-resistance rating of the enclosure, separation or construction is preserved.

Fire protection systems.

(1)

All fire protection systems and equipment shall be maintained in proper operating condition at all times.

(2)

Fire alarms and detecting systems shall be installed and maintained and be suitable for their respective purposes in all rental premises.

(3)

All rental residences shall be provided with a minimum of one approved single-station smoke detector for each floor of the premises. If there is a sleeping area located on any such floor, the detector shall be placed therein. The detectors shall be installed in accordance with the manufacturer's requirements. When actuated, the smoke detector shall provide an alarm suitable to warn the occupants within each dwelling and/or rooming unit.

(4)

It is the occupant's responsibility to maintain smoke detectors in good working order, such as replacing batteries.

(5)

Fire suppression systems in units so equipped shall be maintained in good condition, free from mechanical injury. Sprinkler heads shall be maintained clean, free of corrosion and paint, and may not be bent or damaged.

(6)

Hose stations in units so equipped shall be identified and accessible. The hose shall be in proper position, ready for operation, dry and free of deterioration.

(7)

All portable fire extinguishers in units so equipped shall be visible and accessible and maintained in an efficient and safe operating condition.

Fire doors. All required fire-resistance-rated doors or smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. The use of door stops, wedges and other unapproved hold-open devices is prohibited.

§ 50-25 Light and ventilation requirements.

No person shall rent or lease to another for occupancy any non-owner occupied premises, or any premises which are occupied by the owner and rented to more than one other person, including any dwelling and rooming units or portions thereof, which do not comply with the following requirements. The owner of the structure shall provide and maintain such light and ventilation conditions in compliance with these requirements.

Light.

(1)

All spaces of room shall be provided sufficient light so as not to endanger health and safety. Every habitable space shall have at least one window facing directly to the outdoors or to a court, except in a kitchen when artificial light may be provided in accordance with applicable law. A window shall be deemed not to face directly outdoors or onto a court whenever it is obstructed by a structure that extends to the ceiling level and is less than three feet from the window. The minimum total window area measured between stops shall be 10% of the floor area of such room.

(2)

Every common hall and stairway in every building, other than one- and two-family dwellings, shall be adequately lighted at all times with an illumination of at least a sixty-watt standard incandescent light bulb or equivalent for each 200 square feet of floor area, provided that the spacing between the lights shall not be greater than 30 feet. Every exterior stairway shall be illuminated with a minimum of one footcandle at floors, landings and treads.

(3)

All other spaces shall be provided with natural or artificial light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions and the safe use of the space and the appliances, equipment and fixtures.

Ventilation.

(1)

All spaces or rooms shall be provided sufficient natural or mechanical ventilation so as not to endanger health and safety. Where mechanical ventilation is provided in lieu of the natural ventilation, such mechanical ventilating system shall be maintained in operation during the occupancy of any structure or portion thereof. When part of the air provided by a mechanical ventilation system is recirculated, the portion or volume of air recirculated shall not be recirculated to a different residential space or occupancy of dissimilar use from which it is withdrawn. All habitable spaces shall have at least one easily openable window.

(2)

Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable spaces, except that a window shall not be required in bathrooms or water closet compartments equipped with an approved mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or water closet compartment must be exhausted to the exterior and may not be recirculated to any space, including the space from which it is withdrawn.

Alternative devices. In place of the means for natural light and ventilation herein prescribed, alternative arrangement of windows, louvers or other methods and devices that will provide the equivalent minimum performance requirements shall be permitted with compliance with the applicable law.

§ 50-26 Mechanical and electrical requirements.

No person shall rent or lease to another for occupancy any non-owner-occupied premises, or any premises which are occupied by the owner and rented to more than one other person, including any dwelling and rooming units or portions thereof, which do not comply with the following requirements. The owner of each premises shall provide and maintain such mechanical and electrical facilities and equipment in compliance with these requirements.

Heating and refrigeration facilities.

(1)

Every owner of any structure who rents, leases or lets one or more dwelling units or rooming units on terms, either express or implied, to furnish heat to the occupants thereof shall supply 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 spaces, bathrooms and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day and maintain a temperature of not less than 60° F. during other hours. When, however, the exterior temperature falls below 0° F. and the heating system is operating at its full capacity, a minimum room temperature shall be measured at a point three feet above the floor and three feet from exterior walls.

(2)

Every residential premises shall contain at least one cooking and baking facility for the purpose of preparing food and at least one refrigeration unit adequate for the temporary preservation of perishable foods. Such refrigeration unit shall be capable of maintaining an average temperature of below 45° F. Hot plates, toaster ovens, microwave ovens and other portable heating devices do not constitute a cooking and baking facility for purposes of this section.

(3)

All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards. All installations and repairs shall be made in accordance with the provisions of the local applicable building code or other laws or ordinances applicable thereto. Portable cooking equipment employing flame is prohibited, except for approved residential-type food trays or salvers which are heated by a candle or alcohol lamp.

(4)

All mechanical equipment shall be properly installed and safely maintained in good working condition and be capable of performing the function for which it was designed and intended.

(5)

All fuel-burning equipment shall be connected to an approved chimney flue or vent per manufacturer's instructions.

(6)

All required clearances to combustible materials shall be maintained.

(7)

All safety controls for fuel-burning equipment shall be maintained in effective operation.

(8)

A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided the fuel-burning equipment.

(9)

Devices purporting to reduce gas consumption by attachment to a gas appliance, to the gas supply line thereto or the vent outlet or vent piping therefrom shall not be used unless labeled for such use and the installation is specifically approved.

(10)

Fireplaces, and other construction and devices intended for use similar to a fireplace, shall be stable and structurally safe and connected to approved chimneys.

(11)

When facilities for interior climate control (heating, cooling and/or humidity) are integral functions of structures used as dwelling units or rooming units, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity.

Electrical facilities.

(1)

Provided that there is electric service available, every premises or part thereof used for human occupancy shall be adequately and safely provided with an electrical system in compliance with the requirements of this section. The provisions of this section shall be considered absolute minimum requirements. The size of unit and the usage of appliances and equipment shall be used as a basis for determining the need for additional facilities in accordance with the electrical code adopted by the local jurisdiction.

(2)

Every habitable space in a dwelling unit shall contain at lest two separate and remote receptacle outlets, one of which may be a ceiling or wall-type electric light fixture. Every laundry area and bathroom shall contain at least one grounded-type receptacle. Every bathroom shall contain at least two receptacles, and every kitchen shall have three separate and remote outlets, one of which may be a ceiling or wall-type electric light fixture.

(3)

Every public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture.

(4)

When the electrical system requires modification to correct inadequate service, the service shall be corrected to a minimum of one-hundred-ampere, three-wire service.

(5)

All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner and in accordance with all applicable laws. All electrical equipment shall be of an approved type.

(6)

Where it is found, in the opinion of the Code Enforcement Officer, that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Enforcement Officer shall require the defects to be corrected to eliminate the hazard.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 50-27 Enforcement; waiver of applicability; liability for damage; alternate housing.

It shall be the duty and responsibility of the Town to enforce the provisions of this code as herein provided.

The Mayor and Town Council may waive applicability of the code to a unit of rental property on application of the property owner if:[1]

(1)

Adequate notice in a form and manner specified by the Town is afforded any tenant of the unit;

(2)

The tenant is afforded an opportunity to comment on the application either in writing or in person; and

(3)

The waiver would not threaten the health or safety of any tenant.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Mayor and Town Council may waive applicability of the code if the waiver is granted on the basis of the religious practices of the occupant of the unit of rental housing.

Any Code Enforcement Officer, officer or employee who acts in good faith and without malice in the discharge of duties of enforcement of this code is relieved of all personal liability for any damage that may occur to persons or property as a result of such acts or alleged failure to act. Further, the Code Enforcement Officer shall not be held liable for any costs in any action, suit or proceeding that may be instituted by the Code Enforcement Officer in the enforcement of this code. In any of these actions, the official or employee shall be defended or represented by the jurisdiction's attorney at law until the final termination of the proceedings.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

A person may not be displaced by enforcement of this code unless alternate housing is provided.

§ 50-28 Existing structure.

Alterations or repairs, other than increasing the height or area of a structure, may be made to any structure without requiring the existing structure to comply with all the requirements of a code for new construction, provided that such work conforms to that required by this code. Alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

Alterations or repairs to an existing structure which are nonstructural and do not adversely affect any structural member of any part of the structure having a required fire-resistance rating may be made with the same materials of which the structure is constructed.

§ 50-29 Interpretation and waiver. [1]

The Department of Housing and Community Development shall decide questions of interpretation of this code, including questions relating to uniform enforcement by the Town, and may authorize any waiver or exemption requested by the Town.

Upon written request of the Town, the Department may waive or vary particular provisions of this code to the extent that the waiver is not inconsistent with § 12-203 of the Public Safety Article of the Annotated Code of Maryland, if:

(1)

Geographic differences or unique local conditions justify the waiver.

(2)

The waiver would not threaten the health or safety of a tenant.

(3)

The application of the particular provision to the Town would be inequitable or contrary to the purpose of the act.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 50-30 Limitation on number of occupants.

Notwithstanding any other provision of this article, no person shall rent or lease any premises or dwelling unit to more than five unrelated persons, including any owner-occupier, and no such rented premises shall be occupied by more than five unrelated persons, including any owner-occupier.

§ 50-31 Severability; effect on violations of other laws.

If any section, subsection, paragraph, sentence, clause or phrase of this code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this code, which shall continue in full force and effect, and to this end the provisions of this code are hereby declared to be severable.

This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

§ 50-32 Rules and regulations.

The Mayor and Town Council shall pass such rules and regulations as are consistent with the purpose, intent and enforcement of this article.