[HISTORY: Adopted by the Mayor and Town Council of the Town
of North Beach 5-9-2013 by Ord.
No. 13-03[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
50, but was redesignated for organizational purposes.
A.
Title. These regulations shall be known as the Calvert County Minimum
Livability Code and are herein referred to as "this code."
B.
Scope. This code is created to protect the public health, safety
and welfare in residential structures and premises by:
(1)
Providing for administration, enforcement and penalties;
(2)
Establishing minimum property maintenance standards for basic equipment
and facilities used for light, ventilation, heating and sanitation
for residential structures and premises, and for safe and sanitary
maintenance of residential structures and premises;
(3)
Establishing minimum requirements for residential structures and
premises for means of egress, fire protection systems and other equipment
and devices necessary for safety from fire; and
(4)
Fixing the responsibilities of property owners, operators and tenants
of residential structures and premises.
C.
Intent. This code shall be construed to effectively and justly protect
public health, safety and welfare insofar as they are affected by
the continued use and maintenance of residential structures and premises.
A.
Rules of interpretation.
(1)
Words used in the present tense include the future; words in the
masculine gender include the feminine and neuter; the singular number
includes the plural and the plural the singular.
(2)
Where terms are not defined, through the methods authorized by this
section, they shall have their ordinarily accepted meanings such as
the context may imply.
B.
ACT
BASEMENT
BUILDING CODE
BUILDING OFFICIAL
CELLAR
CODE
CODE OFFICIAL
CONDEMN
EXTERMINATION
GARBAGE
HABITABLE AREA
HEATING
HOUSING UNIT
INFESTATION
MAINTENANCE
OCCUPANT
OPERATOR
PERSON
PLUMBING
PLUMBING FIXTURES
PREMISES
PROPERTY OWNER
RUBBISH
STRUCTURE
TENANT
VENTILATION
Terms defined. Unless otherwise expressly stated, the following terms
shall, for the purpose of this code, have the meanings indicated in
this section:
Article 83B, § 6-103 et seq. of the Annotated Code
of Maryland.
The portion of a building that is partly underground, but
having less than half of its clear floor-to-ceiling height below the
average grade of the adjoining ground.
The Building Code now or hereafter adopted by the Board of
County Commissioners, or such other code as may be designated by the
Board of County Commissioners for the regulation of construction,
alteration, addition, repair, removal, demolition, use, location,
occupancy and maintenance of premises and structures.
The official designated by the municipality to enforce building,
or similar laws and this code, or his duly authorized representative.
The portion of a building that is partly underground, having
half or more than half of its clear height below the average grade
of the adjoining ground.
The Calvert County Minimum Livability Code.
The chief of the Division of Inspections and Permits, his
agents and designees.
To declare a structure or part thereof, premises or equipment,
as unsafe or unfit for use or occupation.
The control and elimination of insects, rodents, vermin or
other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping, or by any other approved pest elimination
methods.
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving and consumption of food.
The space in a structure used for living, sleeping, eating
or cooking, including bathrooms and toilet compartments. Closets,
halls, storage or utility space and similar areas are not considered
habitable areas.
The heating system installed and adjusted so as to provide
the distribution of heat to all habitable areas.
A single unit of a structure providing or intended to provide
complete living and sleeping facilities for one or more persons.
The presence within or around a structure or premises of
insects, rodents, vermin or other pests.
The repair and other acts intended to prevent a decline in
the condition of a structure, premises or equipment below the standards
established by this code and other applicable statutes, codes and
ordinances.
An individual having possession of a space within a housing
unit.
Any person who has charge, care or control of a structure
or premises which is offered for residential occupancy.
Includes an individual, partnership, limited partnership,
trust, estate, association or corporation.
The practice, materials, facilities and fixtures used in
the installation, maintenance, extension or alteration of all piping,
fixtures, appliances and appurtenances within the scope of the applicable
Plumbing Code.
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises, and demands
a supply of water therefrom; or discharges used water, liquid-borne
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 structures thereon.
Any person having a legal or equitable interest in the premises,
including the guardian of the estate of any such person, or the executor
or administrator of the estate of such person if ordered to take possession
of the premises by a court.
Paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery, dust or other similar materials, as well as the residue
from the burning of wood, coal, coke and other combustible materials.
A residential structure used or intended for human habitation.
An occupant of a residential structure other than a property
owner.
The process of supplying and removing air by natural or mechanical
means to or from any space.
B.
Any repairs or alterations to a structure, or changes of use therein
which may be caused directly or indirectly by the enforcement of this
code, shall be done in accordance with the procedures and provisions
of any applicable local building code, plumbing code, mechanical code
and electrical code, or any other state or local code or standard
applicable to housing.
C.
The provisions in this code shall not abolish or impair any remedies
available to the Board of County Commissioners or its offices, departments
or agencies relating to the removal or demolition of any structures
which are deemed to be dangerous, unsafe, and unsanitary.
D.
All repairs, maintenance, alterations or installations which are
required for compliance with this code shall be executed and installed
in accordance with the Code Official's determination so as to
secure the results intended by this code.
A.
Local enforcement: It shall be the duty and responsibility of the
Code Official to enforce the provisions of this code as herein provided.
Only written complaints made to the Code Official or his designees
and naming the complainant, or those complaints resulting from a personal
interview of the complainant shall be investigated. Written complaints
must detail specific violations of this code to be considered for
enforcement.
B.
Local waiver:
(1)
The Code Official may waive applicability of this code, in whole
or in part, to a housing unit or units on application of the property
owner or operator if:
(2)
The Code Official may also waive applicability of this code on the
basis of the religious practices of the occupant of the housing unit.
C.
Displacement: Enforcement of the Minimum Livability Code shall not cause the displacement of a person unless the Code Official determines that alternate housing of comparable affordability is available within a reasonable distance of the vacated premises or necessary employment. Where displacement is ordered by the Code Official pursuant to § 88-6 of this code, no housing unit shall be rented and/or subsequently occupied by a tenant without determination by the Code Official that the dwelling unit complies with this code.
D.
Enforcement and waiver application are not intended to supersede
the Standard Building Code, the National Electrical Code or any state
laws pursuant to the Annotated Code of Maryland as follows:
A.
General: The Code Official shall enforce the provisions of this code
except as may otherwise be specifically provided by these regulations.
C.
Inspections: The Code Official is authorized to enter a structure
or premises at any reasonable time upon providing reasonable notice
and proper identification to the property owner or operator and tenant
for the purpose of making inspections and performing duties under
this code.
D.
Alterations and repairs:
(1)
The Code Official shall have 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
state and local standards and practices, together with the use of
other practical alternatives and equivalent approaches.
(2)
As provided for in this code, the Code Official shall have the authority
to approve changes in alterations or repairs in the field when conditions
are encountered which make the originally approved work impractical,
provided that such changes in approved work can be readily determined
to be in compliance with this code and are requested by the property
owner or operator prior to such changes. Such changes shall be specifically
documented by the property owner or operator describing the change
in work and the reasons and justification for the change, and shall
be filed with the permit for the project.
E.
Right of entry: If any property owner, tenant or operator of a structure
refuses, impedes, inhibits, interferes with, restricts or obstructs
entry and free access to any part of the structure or premises where
inspection authorized by this code is sought, the Code Official may
seek, in a court of competent jurisdiction, an order that the property
owner, tenant or operator cease and desist from the interference.
F.
Access by property owner or operator: A tenant of a structure or
premises shall give the property owner or operator thereof access
to any part of the structure or its premises at reasonable times upon
being given reasonable notice for the purpose of making the inspection,
maintenance, repairs or alterations as are necessary to comply with
the provisions of this code.
G.
Coordination of enforcement: The inspection of structures and premises,
the issuance of notices and orders, and enforcement thereof, shall
be the responsibility of the Code Official. Whenever the Code Official
initiating an inspection of a premises under this code becomes aware
that an inspection of the same premises is to be made by any other
governmental official or agency, the Code Official shall make a reasonable
effort to arrange for the coordination of the inspections so as to
minimize the number of visits by inspectors. The Code Official shall
confer with the other governmental official or agency for the purpose
of eliminating conflicting orders before they are issued. The Code
Official shall not, however, cause the delay of the issuance of any
emergency orders by any governmental official or agency which the
governmental official or agency determines must be issued.
A.
General: When a structure or part thereof is found by the Code Official to be unsafe or unfit for human occupancy or use, and all other remedies provided for in § 88-5D of this code prove to be impractical, the Code Official may condemn the structure or part thereof and may order the structure or part thereof to be placarded and vacated pursuant to the provisions of this code. The structure or part thereof shall not be reoccupied without approval of the Code Official. Unsafe equipment may be condemned, placarded and placed out of service pursuant to the provisions of this code.
B.
When a situation warrants a response from any other appropriate government
agency, and it is practical to do so, the Code Official may concur
with said agency officials in his decision to condemn a structure
or part thereof.
C.
Unsafe buildings: All buildings or structures which are unsafe, unsanitary or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are severally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Building Code for the Elimination or Repair of Unsafe Buildings and § 88-5D of this code.
D.
Unsafe equipment: Unsafe equipment includes 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 Official to be a hazard to life, health, property
or safety of the tenants of the premises or structure. Unsafe equipment
may contribute to the finding that the structure is unsafe or unfit
for human occupancy or use.
E.
Structure unfit for human occupancy: A structure is unfit for human
occupancy or use whenever the Code Official finds that it is unsanitary,
vermin or rodent infested, contains filth or contamination or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this code.
F.
Closing of vacant structures: Upon failure of a property owner to
close or vacate a premises within the time specified in an order,
the Code Official may cause the premises to be closed through any
available public agency or by contract or arrangement with private
persons and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
A.
General:
(1)
Any owner, operator or tenant who violates any of the provisions
of this code shall be given a fixed amount of time to correct the
violation. The amount of time shall be set by the Code Official based
on the nature of the violation.
(2)
The notice to correct may be served in person by the Calvert County
Sheriff's Office or by certified mail, return receipt requested.
If the notice is returned with receipt showing that it has not been
delivered, a copy thereof may be posted in a conspicuous place in
or about the structure affected by such notice.
B.
Whenever the Code Official has determined to condemn any structure or part thereof or equipment under the provisions of § 88-6 of this code, prior notice shall be given to the property owner or operator and to the tenant of the intent to:
C.
When a condemnation order is served on a tenant, the tenant shall
be given a reasonable time to vacate the structure in accordance with
state or local law.
D.
Transfer of ownership: A property owner who has received a compliance
order or upon whom a notice of violation has been served shall not
sell, transfer, mortgage, lease or otherwise dispose of the premises
until the provisions of the compliance order or notice of violation
have been complied with, or until the property owner shall first furnish
the grantee, transferee, mortgagee or lessee a true copy of the compliance
order or notice of violation issued by the Code Official and shall
furnish to the Code Official a signed and notarized statement from
the grantee, transferee, mortgagee or lessee, in which he acknowledges
the receipt of the compliance order or notice of violation and states
that he fully accepts and assumes the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
E.
A property owner may elect to remove said property from the rental
market and said property shall not be leased again and/or subsequently
occupied by a tenant without determination by the Code Official that
the dwelling unit complies with the provisions of this code.
F.
All code violation and citation notices shall be filed with the Division
of Inspections and Permits.
G.
Removal of placard: A property owner or operator shall not cause
a condemnation placard to be defaced or removed without the approval
of the Code Official.
A.
Penalty:
(1)
Civil:
(a)
If a person fails to correct a violation of this code, the Code
Official may prepare a citation to be delivered to said person. The
citation may be served in person by the Calvert County Sheriff's
Office or by certified mail, return receipt requested. The citation
shall contain:
[1]
The name and address of the party charged;
[2]
The nature of the violation;
[3]
The place where and the date that the violation occurred;
[4]
The amount of the fine assessed;
[5]
The manner, location and date in which the fine may be paid;
and
[6]
The party's right to elect to stand trial for the violation.
(b)
A preset fine of $500 may be imposed for each violation. The
Code Official shall be responsible for collection of any fines, and
money collected shall be deposited with the Calvert County Treasurer.
(2)
A party who receives a citation may elect to stand trial for the
offense by filing with the Code Official a notice of intention to
stand trial. The notice shall be given at least five days before the
due date of payment as set forth in the citation. On receipt of the
notice of intention to stand trial, the Code Official shall forward
to the District Court a copy of the citation and the notice of intention
to stand trial. The District Court shall schedule the case for trial
and notify the defendant of the trial date. All fines, penalties or
forfeitures collected by the District Court for housing violations
shall be remitted to the Calvert County Treasurer.
(3)
Referral to District Court:
(a)
If a party who received a citation for a violation fails to
pay the fine by the due date of payment set forth on the citation
and fails to file a notice of intention to stand trial, a formal notice
of the violation shall be sent to the owner's last known address,
if the citation is not satisfied within 15 days from the date of the
receipt of notice, the party is liable for an additional fine not
to exceed twice the original fine. If, after 35 days from the date
the citation was issued, the citation is not satisfied, the Code Official
may request adjudication of the case through the District Court. The
District Court shall schedule the case for trial and summon the defendant
to appear.
(b)
Adjudication of a violation under this subsection is not a criminal
conviction, nor does it impose any of the civil disabilities ordinarily
imposed by a criminal conviction.
(c)
A party found by the District Court to have committed a civil
housing violation shall be liable for the costs of the proceedings
in the District Court. Each day that the violation continues shall
constitute a separate violation and be subject to a separate $500
fine and citation.
B.
Other penalties: Any penalty ordered under this code is in addition
to and is not a substitute for any other penalty authorized under
a federal, state or local law.
A person aggrieved by a notice of the Code Official issued in
connection with an alleged violation of this code or of rules and
regulations passed under this code or by an order requiring repair
or demolition may appeal such notice or order to a court of competent
jurisdiction.
A.
Scope: The provisions of this regulation shall establish the minimum
standards for maintenance of premises and structures.
C.
Exterior structure:
(1)
General: The exterior of a structure shall be maintained in good
repair, and shall be structurally sound and maintained in a sanitary
condition so as not to pose a threat to the health, safety or welfare
of the occupants.
(2)
Structural members: All supporting structural members of a structure
shall be kept structurally sound, free of deterioration and maintained
capable of safely bearing the dead and live loads imposed upon them.
(3)
Exterior surfaces: Every foundation, exterior wall, roof and all
other exterior surfaces shall be maintained in good repair and shall
be kept in such condition as to exclude rodents and other pests.
(4)
Exterior walls: 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 areas of the structure. All exterior wood surfaces
shall be made substantially impervious to the adverse effects of weather
by periodic application of an approved protective coating of weather-resistant
preservative, and be maintained in good condition. Exterior metal
surfaces subject to rust or corrosion shall likewise be protected.
(5)
Roofs and drainage: The roof shall be structurally sound and shall
not have defects which might admit rain. Roof drainage shall be adequate
to prevent rain water from causing dampness or deterioration in the
walls or interior portion of the structure.
(6)
Decorative features: All cornices, entablatures, belt courses, corbels,
terra-cotta trim, wall facings and similar decorative features shall
be maintained in a safe condition.
(7)
Signs, marquees and awnings: All canopies, marquees, signs, metal
awnings, stairways, fire escapes, standpipes, exhaust ducts and similar
overhang extensions shall be maintained in good repair, be properly
anchored and kept in a safe and sound condition. They shall be protected
from the elements and against decay and rust by the periodic application
of a weather-coating material such as paint or other protective treatment.
(8)
Chimneys: All chimneys, cooling towers, smoke stacks and similar
appurtenances shall be maintained structurally sound, safe 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.
(9)
Stairs and porches: Every exterior stair, porch, fire escape, balcony
and all appurtenances attached to them shall be safe to use and capable
of supporting the anticipated loads and shall be maintained in a safe
and sound condition and good repair.
(10)
Windows, doors and frames: Every window, door and frame shall
be maintained so as to exclude rain and rodents as completely as possible
and to substantially exclude wind from entering the structure.
(11)
Weathertight: Every window and exterior door shall fit reasonably
well within its frame and be weathertight. Every window shall be free
of open cracks and holes.
(13)
Insect screens: During the period from April 1 to December 1,
every door and window or other outside opening used for ventilation
purposes shall be supplied with tight-fitting insect screens. Exception:
Upon the prior approval of the Code Official, screens shall not be
required for exterior doors or other types of openings which make
screening impractical, such as openings equipped with air-conditioning
units or openings above the fourth floor. The Code Official may require
alternatives to screens.
(14)
Door hardware: Every exterior door and its hardware shall be
maintained in good condition. Where present, door locks on all interior
and exterior doors entering housing units shall be in good repair
and capable of tightly securing the door.
D.
Interior structure:
(1)
General: The interior of a structure and its equipment and facilities
shall be maintained in good repair, structurally sound and in a sanitary
condition so as not to pose a threat to the health, safety or welfare
of the occupants.
(2)
Structural members: The supporting structural members of a structure
shall be maintained structurally sound, free of deterioration and
maintained capable of safely carrying the imposed loads.
(3)
Interior surfaces: Floors, walls (including windows and doors), ceilings
and other interior surfaces shall be maintained in good repair and
in a clean, safe and sanitary condition.
(4)
Bathroom and kitchen floors: Every toilet, bathroom and kitchen floor
surface shall be maintained so as to be substantially impervious to
water to permit such floor to be easily kept in a clean and sanitary
condition.
(5)
Sanitation: The interior of a structure shall be maintained in a
clean and sanitary condition free from any accumulation of rubbish
or garbage. Rubbish or garbage shall be properly kept inside temporary
storage facilities. Garbage or rubbish shall not be allowed to accumulate
or be stored in public halls or stairways.
(6)
Insect and rodent harborage: Buildings used for human habitation
shall be kept free from insect and rodent infestation, and where insects
or rodents are found they shall be promptly exterminated by acceptable
processes which will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
(7)
Exit doors: Every door available as an exit shall be capable of being
opened easily from the inside.
(8)
Exit facilities: All interior stairs and railings and other exit
facilities of a structure shall be maintained in sound condition and
good repair. Every interior stair used for exit shall be maintained
so as to be safe to use and capable of supporting the anticipated
loads.
A.
General:
(1)
Scope: The provisions of this regulation shall govern the minimum
standards for basic equipment and facilities used for light and ventilation
of a structure.
(2)
Alternative methods and devices: In place of the means for natural
light and ventilation herein prescribed, alternative arrangements
of windows, louvers or other devices or methods that will provide
the equivalent minimum performance requirements shall be permitted
in order to comply with the applicable local building code.
B.
Light:
(1)
General: All areas in a structure shall be provided sufficient light
so as not to endanger health and safety. All areas in a structure
shall be provided with natural light or equipment to accommodate artificial
light of sufficient intensity and distributed so as to permit the
maintenance of sanitary conditions and the safe use of the area and
the appliances, equipment and fixtures.
(2)
Common halls and stairways: Every common hall and stairway in a structure,
other than one- and two-family structures, shall be adequately lighted
at all times with an illumination equivalent to the footcandles provided
by at least a sixty-watt standard incandescent light bulb for each
200 square feet of floor area, provided that the spacing between lights
shall not be greater than 30 feet. Every exterior stairway shall be
illuminated.
C.
Ventilation:
(1)
General: All areas in a structure shall be provided sufficient ventilation
so as not to endanger health and safety.
(2)
Mechanical ventilation: Where mechanical ventilation is provided
in lieu of natural ventilation, such mechanical ventilating system
shall be maintained in operation during the occupancy of the 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 habitable area.
A.
Scope: The provisions of this regulation shall govern the minimum
standards for plumbing facilities and fixtures.
B.
Required plumbing facilities: Every housing unit shall include its
own plumbing facilities which shall be maintained in proper operating
condition, can be used in privacy and are adequate for personal cleanliness
and the disposal of human waste. The following minimum plumbing facilities
shall be supplied and maintained in a sanitary and safe working condition:
(1)
Water closet and lavatory: Every housing unit shall contain within
its walls a room separate from other habitable areas, which provides
a water closet supplied with cold running water and which affords
privacy. 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.
(2)
Bathtub or shower: Every housing unit shall contain a room which
is equipped with a bathtub or shower supplied with hot and cold running
water and which affords privacy.
C.
Alternative plumbing: Alternative plumbing facilities and fixtures
for use in housing units may be allowed as approved on a case-by-case
basis by the Code Official in accordance with standards set forth
by the local Health Department and the Maryland Department of the
Environment.
D.
Plumbing fixtures.
(1)
General: All plumbing fixtures shall be maintained in a safe and
usable condition. All plumbing fixtures shall be of nonabsorbent material
and shall have received all necessary and legally required approvals.
(2)
Connections: Water supply lines, plumbing fixtures, vents and drains
shall be properly installed, connected and maintained in working order
and shall be kept free from obstruction, leaks and defects and shall
be 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)
Maintenance: All plumbing fixtures shall be maintained in a clean
and sanitary condition so as not to breed insects and rodents, or
produce dangerous or offensive gases or odors.
(4)
Access for cleaning: Plumbing fixtures shall be installed to permit
easy access for cleaning both the fixture and the area around it.
E.
Water system.
(1)
General: 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 a private water system which
has received all necessary and legally required approvals.
(2)
Contamination: The water supply system shall be maintained free from
contamination. All water inlets for plumbing fixtures shall be located
above the overflow rim of the fixture.
(3)
Water supply: The water supply system shall be installed and maintained
to provide at all times a supply of water to plumbing facilities,
fixtures, devices and appurtenances in sufficient volume and at pressures
adequate to enable them to function satisfactorily.
(4)
Water heating facilities: Water heating facilities shall be installed
in a manner which has received all necessary and legally required
approvals, properly maintained and properly connected with hot water
lines to the fixtures required to be supplied with the hot water.
Water heating facilities shall be capable of heating water to such
a temperature so as to permit an adequate amount of water to be drawn
at every kitchen sink, lavatory basin, bathtub, shower and laundry
facility or other similar facilities, at a temperature of not less
than 110° F.
(5)
Alternative water systems: Alternative water systems may be allowed
as approved on a case-by-case basis by the Code Official in accordance
with local Health Department standards.
F.
Sewage system.
(1)
General: Every sink, lavatory, bathtub or shower, drinking fountain,
water closet or other plumbing facility shall be properly connected
to either a public sewer system or private sewage disposal system
which has received all necessary and legally required approvals.
(2)
Maintenance: Every plumbing stack, waste and sewer line shall be
installed and maintained so as to function properly and shall be kept
free from obstructions, leaks and defects to prevent structural deterioration
or health hazards. All repairs and installations shall be made in
accordance with the provisions of the applicable local Building Code
or applicable local Plumbing Code.
A.
General.
(1)
Scope: The provisions of this regulation shall govern the minimum
standards for mechanical and electrical facilities and equipment.
B.
Heating facilities.
(1)
Residential structures: Every housing unit shall be supplied with
sufficient heat or heating equipment capable of supplying enough heat
during the period from October 1 to May 15 to maintain a room temperature
of not less than 65° F. in all habitable areas during the hours
between 6:30 a.m. and 10:30 p.m. of each day and maintain a temperature
of not less than 60° F. during other hours. The temperature shall
be measured at a point three feet above the floor and three feet from
exterior walls. Exception: When the exterior temperature falls below
0° F. and the heating system is operating at its full capacity,
a minimum room temperature of 60° F. shall be maintained at all
times.
(2)
Cooking and heating equipment: All cooking and heating equipment,
components and accessories in every heating, cooking and water heating
device shall be maintained free from leaks and water flow obstructions,
and kept functioning properly so as to be free from fire, health and
safety hazards. All installations and repairs shall be made in accordance
with the provisions of the applicable local Building Code, or other
applicable laws or ordinances thereto. Portable cooking equipment
employing flame is prohibited, except for residential type food trays
or salvers which are heated by a candle or alcohol lamp and which
have received all necessary and legally required approvals.
(3)
Installation: All mechanical equipment used for heating and cooking
shall be properly installed and safely maintained in good working
condition, and shall be capable of performing the function for which
it was designed and intended.
(4)
Fuel-burning equipment: All fuel-burning equipment shall be connected
to a chimney, flue or vent in accordance with applicable local or
state codes or according to the manufacturer's instructions in
cases where no local or state codes apply.
(5)
Clearances: All necessary and legally required clearances to combustible
materials shall be maintained.
(6)
Safety controls: All safety controls for fuel-burning equipment shall
be maintained in effective operation in accordance with applicable
local or state codes, or according to the manufacturer's instructions
in cases where no local or state codes apply.
(7)
Combustion air: A supply of air for complete combustion of the fuel
and for ventilation of the space shall be provided the fuel-burning
equipment.
(8)
Unauthorized devices: Devices purporting to reduce gas consumption
by attachment to a gas appliance, the gas supply line or the vent
outlet or vent piping may not be used unless labeled for that use
and the installation has specifically received all necessary and legally
required approvals.
(9)
Fireplaces: Fireplaces, and other construction and devices intended
for use similar to a fireplace, shall be stable and structurally safe
and connected to chimneys which have received all necessary and legally
required approvals.
(10)
Climate control: When facilities for interior climate control
(heating, cooling and humidity) are integral functions of housing
units, such facilities shall be maintained and operated in accordance
with the designed capacity.
C.
Electrical facilities.
(1)
Facilities required: Provided that there is usable electric service
available from a power line not more than 300 feet away, a structure
shall be adequately and safely provided with an electrical system
in compliance with the requirements of this section.
(2)
Receptacles: Every habitable area in a housing unit shall contain
at least one receptacle outlet. Every laundry area and bathroom shall
contain at least one grounded-type receptacle. Every kitchen shall
contain at least two receptacles.
(3)
Lighting fixtures: Every public hall, interior stairway, water closet
compartment, bathroom, laundry room and furnace room shall contain
at least one electric lighting fixture.
(4)
Service: When the electrical system requires modification to correct
a violation of this section, the service shall be corrected to a minimum
of one-hundred-ampere, three-wire service.
(5)
Installation: All electrical equipment, wiring and appliances shall
be installed and maintained in a safe manner in accordance with all
applicable laws. All electrical equipment shall be of a type which
has received all necessary and legally required approvals.
A.
Scope: The provisions of this regulation shall govern the minimum
standards for fire safety facilities and equipment. All structures
shall be constructed and maintained to prevent and avoid fire hazards,
and in a manner conducive to fire safety.
B.
Means of egress:
(1)
General: A safe, continuous and unobstructed means of egress shall
be provided from the interior of a structure to the exterior at a
street, yard, court or passageway leading to a public open area at
grade.
(2)
Direct exit: Every housing unit shall have access directly to the
outside or to a common area that leads directly to the outside.
(3)
Doors: All doors in the required means of egress shall be easily
opened from the inner side.
(4)
Fire escapes: All fire escapes shall be maintained in working condition
and structurally sound.
(5)
Exit signs: All exit signs shall be illuminated and visible.
(6)
Emergency escape: Every sleeping room located in a basement shall
have at least one openable window or exterior door for emergency egress
or rescue which has received all necessary and legally required approvals
or shall have access to two separate exits which have received all
necessary and legally required approvals.
C.
Accumulations and storage.
(1)
General: Garbage or rubbish may not be allowed to accumulate in stairways,
passageways, doors, windows, fire escapes or other means of egress.
(2)
Flammable matter: Highly flammable or explosive matter, such as paints,
volatile oils and cleaning fluids, or combustible rubbish, such as
waste paper, boxes and rags, shall not be accumulated or stored on
premises except in reasonable quantities consistent with normal usage.
(3)
Residential unit: A housing 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 local Building Code.
D.
Fire resistance ratings. Floors, walls, ceilings and other elements
and components which are required by the applicable Fire Code to comply
with a fire-resistance rating shall be maintained so that the respective
fire-resistance rating of the enclosure, separation or construction
is preserved.
E.
Fire protection systems.
(1)
General: All fire protection systems and equipment shall be maintained
in proper operating condition at all times.
(2)
Smoke detectors: All housing units shall be provided with a minimum
of one single station smoke detector in the vicinity of each sleeping
area. The smoke detectors shall be installed and maintained in accordance
with the state fire laws, Annotated Code of Maryland, Article 38A,
§ 12A, Smoke Detection Systems. When actuated, the smoke
detector shall provide an alarm suitable to warn the occupants within
the unit.
(3)
Fire suppression system: Fire suppression systems in housing units
so equipped shall be maintained in good condition, free from mechanical
defect. Sprinkler heads shall be kept clean and free of corrosion
and paint, and shall not be bent or damaged.
(4)
Fire extinguishers: All portable fire extinguishers in housing units
so equipped shall be visible and accessible, and maintained in an
efficient and safe operating condition.
F.
Fire doors. All necessary and legally 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 hold-open devices which have
not received all necessary and legal approvals or which have been
denied approval is prohibited.
A.
Scope: Only the property owner shall be responsible for compliance
with the provisions of this code, and may be cited for violations
of it, except as provided in this regulation. A person may not rent
or lease to another person for occupancy or use any housing unit unless
the structure and premises comply with the provisions of this code.
B.
General: A property owner or operator may not be cited for a violation
of this code that is caused by the negligent, wrongful or malicious
acts or omissions of a tenant, provided that the property owner's
or operator's acts or omissions have not materially contributed
in any way to cause such violation.
C.
Sanitary condition:
(1)
Cleanliness: The tenant shall be responsible for keeping that part
of the structure or premises which the tenant occupies, controls or
uses in a clean and sanitary condition. Every property owner of a
structure containing two or more housing units shall maintain, in
a clean and sanitary condition, the common areas of the structure
and premises.
(2)
Disposal and storage of rubbish and garbage: The tenant shall be
responsible for the storage and disposal of rubbish and garbage in
a clean and sanitary manner as may be required by applicable laws
or ordinances.
(3)
Supplied fixtures and equipment: The tenant shall be responsible
for keeping owner-supplied equipment and fixtures clean and sanitary,
and for the exercise of reasonable care in their proper use and operation.
The property owner shall be responsible for maintaining such equipment
and fixtures in good and proper operating condition.
(4)
Furnished by tenant: The tenant shall be responsible for the maintenance
of equipment and fixtures furnished by the tenant. Such equipment
and fixtures shall be properly installed, and shall be maintained
in good working condition, kept clean and sanitary, and free of defects,
leaks or obstructions.
D.
Extermination:
(1)
All structures: If necessary, the property owner shall be responsible
for extermination within the structure and on the premises prior to
renting or leasing the structure.
(2)
Single occupancy: The tenant of a structure containing a single housing
unit shall be responsible for the extermination of any insects, rodents
or other pests in the structure or the premises.
(3)
Multiple occupancy: Every property owner or operator of a structure
containing two or more housing units shall be responsible for the
extermination of any insects, rodents or other pests in the structure
or on the premises except where infestation within a housing unit
is caused by a failure of the tenant to take reasonable action to
prevent such infestation within the housing unit.
E.
Fire safety: Responsibility for installing and maintaining in good
working order any smoke detector installed pursuant to this code shall
be in accordance with the state fire laws, Annotated Code of Maryland,
Article 38A, § 12A, Smoke Detection Systems.