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Town of Westernport, MD
Allegany County
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No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living therein which does not comply with the following requirements:
A. 
For every dwelling unit there shall be at least 150 square feet of floor area for the first occupant and at least 90 additional square feet of floor area for each additional occupant over the age of one year. The floor area shall be calculated on the basis of the total floor area of the dwelling unit exclusive of stairways. For the purpose of such calculation, only the floor area in a basement meeting the requirements for basement occupancy shall be counted. It is the owner's responsibility at the time of inspection to designate room uses.
B. 
No room used for sleeping purposes shall have a floor area of less than 70 square feet. No room shall be used for sleeping purposes by two or more persons unless there is at least 50 square feet for each person.
C. 
Habitable rooms, hallways, corridors, bathrooms, toilet rooms, laundry rooms, and basements shall have a ceiling height of not less than seven feet (2,134 mm). The required height shall be measured from the finish floor to the lowest projection of ceiling.
(1) 
Exceptions:
(a) 
Beams and girders spaced not less than four feet (1,219 mm) on center may project not more than six inches (152 mm) below the required ceiling height.
(b) 
Ceilings in basements without habitable spaces may project to within six feet eight inches (2,032 mm) of the finished floor, and beams, girders, ducts or other obstructions may project to within six feet four inches (1,931 mm) of the finished floor.
(c) 
Not more than 50% of the required floor area of a room or space is permitted to have a sloped ceiling less than seven feet (2,134 mm) in height with no portion of the required floor area less than five feet (1,524 mm) in height.
(d) 
Bathrooms shall have a minimum ceiling height of six feet eight inches (2,036 mm) over the fixture and at the front clearance area for fixtures. A shower or tub equipped with a showerhead shall have a minimum ceiling height of six feet eight inches (2,036 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the showerhead.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
This section is subject to updates of the International Residential Code as adopted by Maryland Building Performance Standards (MBPS).
D. 
Every owner, agent, licensee or operator shall advise the tenant in writing of the maximum number of occupants permitted in the dwelling unit leased or rented.
There shall be, for each dwelling unit and for each boarding unit, a separate access either to a hallway, landing, stairway or street.
A. 
No room in any basement shall be occupied as a habitable room, bathroom, or toilet room unless:
(1) 
There are no pipes, ducts or other obstructions less than six feet above the floor level or less than five feet eight inches above floor level in a bathroom or toilet room existing on the effective date of this chapter, and ceiling heights are in accordance with this code, except that a bathroom existing on the effective date of this chapter with at least 1/2 of the floor area having a ceiling height of not less than five feet eight inches shall be permitted to continue;
(2) 
Light and ventilation for habitable rooms are provided in accordance with this code and 70% of the regular window area is above the ground level, except when window areaways or window wells are provided so that the minimum width of the areaway or well is not less than twice the distance from the bottom of the window to the finished grade; and
(3) 
The floor and walls, if in contact with the earth, are waterproof and damp-proof in accordance with a method approved by the Director. Such waterproofing and damp-proofing shall be between the floor or wall finish and the ground.
B. 
Windows are required as a means of egress, unless a sprinkler system is present and operational at all times.
Each dwelling unit shall be provided with a means of circulation giving access to all rooms without passing through a bathroom.
A. 
Kitchens and nonhabitable or public spaces shall not be used for sleeping purposes. No cellar space shall be used as a habitable space.
B. 
Animals of any type cannot be maintained or boarded on premises wherein the owner of the animal is not presently residing within the structure.
C. 
Animal confinement areas shall be considered accessory structures and shall be in compliance with Chapter 250, Zoning, of the Town Code.