[HISTORY: Adopted by the Mayor and Town Council of the Town
of Brentwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-7-1972 as Secs. 1 through 7 of Ord. No. V of the
Ordinances of the Town of Brentwood (Ch. 44 of the 1986 Code)]
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.
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.
[Amended 4-19-1999 by Res. No. 99-3]
A.Â
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.
B.Â
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.
C.Â
No permit will be required for a building project with an estimated
cost of $200 or less.
The applicant for a permit shall obtain a county permit and
exhibit the same to the Town.
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.
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.
[Amended 1-3-2000]
A.Â
FENCE
FRONT YARD
HEIGHT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
The distance measured from the existing grade to the top
of the fence.
B.Â
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.
C.Â
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]
D.Â
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.
E.Â
The application will be approved, and the permit issued, by the Council,
based upon the following considerations:
(1)Â
Whether
the fence complies with the requirements contained herein;
(2)Â
Whether
the fence will unduly obstruct light and air from neighboring properties
or public ways;
(3)Â
Whether
the fence will obstruct visibility upon public streets; and
(4)Â
Whether
the materials are in keeping with the character and purposes for which
the fence is intended.
F.Â
Permits must be available for inspection at the site during construction
of the fence.
G.Â
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]
H.Â
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.
I.Â
Any chain-link fence must be erected with the closed loop at the
top of the fence.
J.Â
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.
K.Â
All gates shall open onto the property and shall not open over the
sidewalk or the street.
L.Â
It shall be unlawful to construct, erect or modify any fence of the
following descriptions:
(1)Â
Front yard and corner lot fences having a height of greater than
48 inches.
(2)Â
Back yard and side yard fences having a height of greater than six
feet.
(3)Â
Any fence that extends forward of the building lines of any existing
or proposed dwelling or beyond any required front setback line.
(4)Â
Any fence that extends beyond the property line.
(5)Â
Any fence that encroaches upon a public right-of-way or interferes
with vehicular or pedestrian traffic or visibility.
(6)Â
Any double fence, i.e., a fence that runs alongside or parallel to
another fence on the same property.
M.Â
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.
N.Â
It shall be unlawful to construct, erect or maintain any fence of
the following materials or types:
(1)Â
Barbed wire.
(2)Â
Razor wire.
(3)Â
Canvas fences.
(4)Â
Cloth fences.
(5)Â
Electrically charged fences.
(6)Â
Fences primarily intended to contain poultry or other livestock.
(7)Â
Turkey or chicken wire.
(8)Â
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)Â
Expandable fences and collapsible fences, except during construction
of a building.
O.Â
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.
P.Â
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.
Q.Â
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.
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.
[Adopted 12-19-1988 (Ch. 43 of the 1986 Code)]
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]
A.Â
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.
B.Â
BASEMENT
BUILDING CODE
CENTRAL HEATING
CONDEMN
DWELLING
DWELLING UNIT
EMERGENCY
EXTERIOR PROPERTY AREAS
EXTERMINATION
GARBAGE
GROSS FLOOR AREA
HABITABLE SPACE
HOUSING CODE
HOUSING OFFICER
INFESTATION
MAINTENANCE
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)Â
(2)Â
PERSON
PLUMBING
PLUMBING FIXTURE
PREMISES
RENTAL DWELLING
RENOVATION
RESIDENCE BUILDING
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
VENTILATION
(1)Â
(2)Â
WORKMANLIKE
YARD
As used in this article, the following terms shall have the meanings
indicated:
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.
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.
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.
To declare a structure or part thereof, premises or equipment
unsafe or unfit for use or occupation.
A building or structure, or portion thereof, used for human
occupancy, including garages and other appurtenances.
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.
An unforeseen occurrence or condition, or a rapid deterioration
of circumstances, necessitating immediate action to avert imminent
danger to life, liberty or property.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rodents or other
pests by 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.
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.
The total area of all habitable space in a building or structure.
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.
All rules and regulations contained herein or promulgated
pursuant to authority hereunder.
That person appointed by the Mayor with consent of the Council
to enforce the Housing Code(s).
The presence, within or around a dwelling, of insects, rodents,
vermin or other pests.
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.
Any dwelling containing two or more dwelling units.
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.
An owner.
The temperature 15° F. above the lowest recorded
temperature for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal and/or equitable title to any dwelling, dwelling
unit or rooming unit, with or without accompanying actual possession
thereof; or
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.
Any individual, firm, corporation, association, partnership,
limited partnership, trust or estate.
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.
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.
A lot, plot or parcel of land, including the buildings or
structures thereon.
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.
A building and its facilities made to conform to present
day minimum standards of sanitation, fire- and life safety.
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided, except when classified
as an institution under the Building Code.
Any 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.
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.
Paid for, furnished or provided by or under the control of
the owner or operator.
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.
The process of supplying and removing air by natural or mechanical
means to or from any space.
MECHANICALVentilation by power-driven devices.
NATURALVentilation by openings to the outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.
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.
An open space surrounding a building.
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.
A.Â
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.
B.Â
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.
C.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.
D.Â
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.
E.Â
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]
F.Â
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.
G.Â
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]
H.Â
Delinquent
rental license fees.
[Added 6-6-2013 by Ord.
No. 2013-04; amended 11-15-2017 by Ord. No. 2017-08]
(1)Â
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)Â
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.
I.Â
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.
J.Â
Change of address. The owner shall promptly notify the Town of any
change of address.
K.Â
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]
L.Â
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]
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:
A.Â
Minimum ceiling heights. Habitable rooms shall have a clear ceiling
height of not less than 7Â 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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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]
B.Â
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.
C.Â
Alterations and repairs.
(1)Â
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)Â
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)Â
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.
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:
A.Â
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)Â
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)Â
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)Â
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)Â
One which is occupied by more persons than permitted under this code
or applicable law.
(5)Â
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.
B.Â
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)Â
Name of Town.
(2)Â
The chapter and section of the code under which it is issued.
(3)Â
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)Â
The date that the placard is posted.
(5)Â
A statement of the penalty for defacing or removing the placard.
(6)Â
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.
C.Â
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.
D.Â
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.
E.Â
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:
F.Â
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)Â
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)Â
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)Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
Coordination of enforcement.
(1)Â
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)Â
The Housing Officer shall confer with the other governmental official
or agency for the purpose of eliminating conflicting orders before
any are issued.
(3)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Closing streets. When necessary for the public safety, the Mayor
may temporarily close sidewalks, streets or buildings and prohibit
the same from being used.
E.Â
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.
F.Â
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.
A.Â
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:
B.Â
Service of notice that a dwelling is in violation shall be as follows:
(1)Â
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)Â
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)Â
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.
C.Â
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.
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.
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
All exterior property areas shall be maintained in a clean, safe
and sanitary condition free from any accumulation of junk vehicles
or vehicle parts.
F.Â
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.
G.Â
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.
H.Â
Exterior steps and walkways shall be maintained free of unsafe obstructions
or hazardous conditions.
I.Â
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.
J.Â
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.
K.Â
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.
L.Â
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.
M.Â
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.
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
All cornices, entablatures, belt courses, corbels, terra cotta trim,
wall facings and similar decorative features shall be maintained in
good repair with proper anchorage and in a safe condition.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
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.
L.Â
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.
M.Â
Every required window sash shall be fully supplied with approved
glazing materials which are without open cracks and holes.
N.Â
Every window, other than a fixed window, shall be capable of being
easily opened and shall be held in position by window hardware.
O.Â
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.
P.Â
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.
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:
A.Â
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.
B.Â
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.
C.Â
Floors, walls (including windows and doors), ceilings and other interior
surfaces shall be maintained in good repair and in a clean and sanitary
condition.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
Garbage or refuse shall not be allowed to accumulate or be stored
in public halls or stairways.
H.Â
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.
I.Â
Every door available as an exit shall be capable of being opened
easily from the inside.
J.Â
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.
K.Â
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.
Only the property owner shall be responsible for compliance
with the provisions of the code except as provided herein:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
The owner of any premises shall be responsible for extermination
within the structure prior to renting, leasing or selling the structure.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
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.
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:
A.Â
Plumbing facilities. The owner of the structure shall provide and
maintain such plumbing facilities and fixtures in compliance with
this section.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Toilet rooms and bathrooms shall be designed and arranged to provide
privacy.
(7)Â
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.
B.Â
Plumbing fixtures.
(1)Â
All plumbing fixtures shall be maintained in a safe and usable condition.
All plumbing fixtures shall be of approved nonabsorbent material.
(2)Â
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)Â
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)Â
Plumbing fixtures shall be installed to permit easy access for cleaning
both the fixture and the area around it.
C.Â
Water system.
(1)Â
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)Â
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)Â
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)Â
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)Â
Alternative systems may be allowed as approved on a case-by-case
basis by the Mayor and Town Council.
D.Â
Sewage system.
(1)Â
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)Â
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.
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.
A.Â
Means of egress.
(1)Â
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)Â
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)Â
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)Â
All required and all exiting fire escapes shall be maintained in
a working condition and structurally sound.
(5)Â
Any exit signs shall be maintained illuminated and visible.
(6)Â
Every sleeping room located in a basement shall have at least one
openable window or exterior door approved for emergency egress or
rescue.
B.Â
Accumulations and storage.
(1)Â
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)Â
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)Â
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.
C.Â
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.
D.Â
Fire protection systems.
(1)Â
All fire protection systems and equipment shall be maintained in
proper operating condition at all times.
(2)Â
Fire alarms and detecting systems shall be installed and maintained
and be suitable for their respective purposes in all rental premises.
(3)Â
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)Â
It is the occupant's responsibility to maintain smoke detectors in
good working order, such as replacing batteries.
(5)Â
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)Â
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)Â
All portable fire extinguishers in units so equipped shall be visible
and accessible and maintained in an efficient and safe operating condition.
E.Â
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.
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.
A.Â
Light.
(1)Â
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)Â
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)Â
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.
B.Â
Ventilation.
(1)Â
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)Â
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.
C.Â
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.
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.
A.Â
Heating and refrigeration facilities.
(1)Â
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)Â
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)Â
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)Â
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)Â
All fuel-burning equipment shall be connected to an approved chimney
flue or vent per manufacturer's instructions.
(6)Â
All required clearances to combustible materials shall be maintained.
(7)Â
All safety controls for fuel-burning equipment shall be maintained
in effective operation.
(8)Â
A supply of air for complete combustion of the fuel and for ventilation
of the space shall be provided the fuel-burning equipment.
(9)Â
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)Â
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)Â
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.
B.Â
Electrical facilities.
(1)Â
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)Â
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)Â
Every public hall, interior stairway, water closet compartment, bathroom,
laundry room and furnace room shall contain at least one electric
lighting fixture.
(4)Â
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)Â
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)Â
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]
A.Â
It shall be the duty and responsibility of the Town to enforce the
provisions of this code as herein provided.
B.Â
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]
C.Â
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.
D.Â
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]
E.Â
A person may not be displaced by enforcement of this code unless
alternate housing is provided.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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:
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.
A.Â
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.
B.Â
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.
The Mayor and Town Council shall pass such rules and regulations
as are consistent with the purpose, intent and enforcement of this
article.