§ .01
|
GENERAL.
| ||||
A.
|
Title: These regulations shall be known as the "Town of Hancock
Livability Code" or "this code."
| ||||
B.
|
Scope: This code is created to protect the public health, safety
and welfare in residential structures and premises by:
| ||||
(1)
|
Establishing minimum property maintenance standard for basic
equipment and facilities used for light, ventilation, heating and
sanitation for residential structures and premises, and for safety
and sanitary maintenance of residential structures and premises;
| ||||
(2)
|
Establishing minimum requirements for residential structures
and premises for means of egress, fire protection systems and other
equipment and devises necessary for safety from fire;
| ||||
(3)
|
Fixing the responsibilities of property owners, operators and
tenants of residential structures and premises; and
| ||||
(4)
|
Providing for administration, enforcement and penalties.
| ||||
C.
|
Intent. This code shall be construed liberally and justly to
protect public health, safety and welfare insofar as they are affected
by the continued use and maintenance of residential structures and
premises.
| ||||
§ .02
|
DEFINITIONS
| ||||
A.
|
Rules of interpretation:
| ||||
(1)
|
Unless otherwise expressly stated, the terms defined in Subsection B shall have the meanings indicated for purposes of the code.
| ||||
(2)
|
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.
| ||||
(3)
|
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.
|
Terms defined:
| ||||
(1)
|
"Act" means § 11-403 of Article 41 of the Annotated
Code of Maryland.[2]
| ||||
(2)
|
"Basement" means that portion of a structure which is partly
or completely below grade and having at least 50% of its floor-to-ceiling
height below finished grade.
| ||||
(3)
|
"Building Code" means the BOCA Basic/National Code.
| ||||
(4)
|
"Central heating" means the heating system permanently installed
and adjusted so as to provide the distribution of heat to all habitable
areas from a source outside of these areas.
| ||||
(5)
|
"Code" means the Livability Code.
| ||||
(6)
|
"Code Official" means the Director of the Department of Permits
and Inspections or his/her authorized agent or designee.
| ||||
(7)
|
"Condemn" means to declare a structure or part thereof, premises,
or equipment, unsafe or unfit for use or occupancy.
| ||||
(8)
|
"Electrical Code" means the National Electrical Code.
| ||||
(9)
|
"Extermination" means 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, trapping, or by any other pest-elimination
methods which have received all necessary and legally required approvals.
| ||||
(10)
|
"Garbage" means the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
| ||||
(11)
|
"Habitable area" means the space in a structure used for living,
sleeping, eating, or cooking, including bathrooms and toilet compartments.
| ||||
(12)
|
"Housing Board of Review" — "Board" means the Mayor and
Council to hear waiver requests and appeals and render decisions.
| ||||
(13)
|
"Housing unit" means a single unit of a structure providing
or intended to provide complete living and sleeping facilities for
one or more persons.
| ||||
(14)
|
"Infestation" means the presence, within or contiguous to, a
structure or premises of insects, rodents, vermin or other pests.
| ||||
(15)
|
"Maintenance" means 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.
| ||||
(16)
|
"Occupant" means any individual having possession of a space
within a housing unit.
| ||||
(17)
|
"Operator" means a person who has charge, care or control of
a structure or premises which is offered for occupancy.
| ||||
(18)
|
"Person" includes an individual, partnership, limited partnership,
trust, estate, association or corporation.
| ||||
(19)
|
"Plumbing" means 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 Washington County Plumbing Code.
| ||||
(20)
|
"Plumbing fixture" means a receptacle or device which is either
permanently or temporarily connected to a 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 system of the premises.
| ||||
(21)
|
"Premises" means a lot, plot or parcel of land, including the
structure thereon.
| ||||
(22)
|
"Property owner" means 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.
| ||||
(23)
|
"Rubbish" means refuse composed of paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass crockery, dust and/or other similar
materials as well as the residue from the burning of wood, coal, coke
and other combustible materials.
| ||||
(24)
|
"Structure" means a residential structure for human habitation.
| ||||
(25)
|
"Tenant" means an occupant other than a property owner.
| ||||
(26)
|
"Ventilation" means the process of supplying and removing air
by natural or mechanical means to or from any space.
| ||||
(a)
|
Mechanical: Ventilation by power-driven devices.
| ||||
(b)
|
Natural: Ventilation by opening to outer air, air through windows,
skylights, doors, louvers, or stacks without power-driven devices.
| ||||
§ .03
|
APPLICABILITY
| ||||
A.
|
The Livability Code shall apply to residential structures located
in the Town of Hancock used for human habitation except:
| ||||
(1)
|
Owner-occupied single-family housing units;
| ||||
(2)
|
Any housing exempted by the Mayor and Council of Hancock.
| ||||
(3)
|
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 the applicable local building code, plumbing code, mechanical code
and electrical code, or any other code or standard applicable to housing.
| ||||
(4)
|
The provisions in the Code shall not abolish or impair any remedies
available to the Code Official relating to the removal or demolition
of any structures which are deemed to be dangerous, unsafe and unsanitary.
| ||||
(5)
|
All repairs, maintenance, alterations or installations which
are required for compliance with this code shall be executed and installed
in accordance with industry standards so as to secure the results
intended by this code.
| ||||
§ .04
|
CODE ENFORCEMENT
| ||||
A.
|
Enforcement: It shall be the duty and responsibility of the
Mayor and Council to enforce the provisions of this code as herein
provided.
| ||||
B.
|
A person may not be displaced by enforcement of this code unless
the structure is deemed unsafe, unsanitary, deficient in adequate
exit facilities or which constitutes a fire hazard, or is otherwise
dangerous to human life by the Code official. The Code Official shall
notify the Mayor and Council and shall make every effort to find alternate
housing of comparable affordability for any displaced persons.
| ||||
§ .05
|
DUTIES AND POWERS OF CODE OFFICIALS[3]
| ||||
A.
|
General: The Board of County Commissioners shall designate the
Code Official to enforce the provisions of this code except as may
otherwise be specifically provided by these regulations.
| ||||
B.
|
Notices and orders: The Code Official shall issue all notices
and orders necessary to ensure compliance with this code. Such notices
and orders shall include the procedure by which the person served
may appeal.
| ||||
C.
|
Inspection: The Code Official is authorized to enter any structure
or premises upon invitation by the owner or at any reasonable time,
upon providing reasonable notice to the occupant and owner, for the
purpose of making inspections and performing duties under this code.
| ||||
D.
|
Alterations and repairs: The Code Official 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 such premises into compliance shall
take into consideration the use of alternatives and equivalent approaches
as provided for in this code. The Code Official shall have authority
to approve changes in any alterations or repairs in the field when
conditions are encountered which make the originally approved work
impractical, provided such changes in approved work can be readily
determined to be in compliance with this code and other applicable
codes as outlined in § .03A(3) and are requested 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.
| ||||
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 the code is sought, the Code
Official may seek, in a court of competent jurisdiction, an order
that such property owner, tenant, or operator cease and desist from
such interference.
| ||||
F.
|
Access by property owner or operator: A tenant of a structure
or premises shall give the property owner or operator thereof, or
agent or employee, access to any part of such structure or its premises
at reasonable time upon being given reasonable notice for the purpose
of making such inspection, maintenance, repairs or alterations as
are necessary to comply with the provisions of this code.
| ||||
G.
|
Credentials: The Code Official shall disclose his credentials
for the purpose of inspecting any structure or premises.
| ||||
H.
|
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, in the
opinion of the Code Official initiating an inspection under this code,
it is deemed necessary or desirable to have inspections by any other
governmental official or agency, the Code Official shall arrange for
the coordination of such 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 any are issued. The Code Official shall not, however,
cause the delay of the issuance of any orders by any governmental
official or agency which the governmental official or agency determines
must be issued.
| ||||
I.
|
Rulemaking authority: The Code Official shall have the power,
as may be necessary in the interest of public safety, health and general
welfare, to promulgate and adopt rules and regulations to interpret
and implement the provisions of this code to further the intent thereof.
| ||||
§ .06
|
CONDEMNATION
| ||||
A.
|
General: When a structure or part thereof is found by the Code
Official to be unsafe or unfit for human occupancy or use as defined
in the code, 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.
|
Unsafe structure: An "unsafe structure" is one which all or
part thereof is found by the Code Official to be dangerous to life,
health, property, or the safety of its tenants by not providing minimum
protection from fire or because it is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation
that it is likely to partially or completely collapse.
| ||||
C.
|
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 hazardous 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.
| ||||
D.
|
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.
| ||||
E.
|
Closing of vacant structures: Upon failure of a property owner
to close or vacate a premise 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.
| ||||
If the owner fails to repay the Town for expenses incurred,
pursuant to this procedure, within 30 days after written demand has
been mailed to the last known address, the Code Official shall notify
the Town Treasurer, and a tax lien in favor of the Town for the amount
of the expenses incurred shall be attached to the property. The property
may be sold at tax sale to satisfy a lien authorized by this section.
| |||||
§ .07
|
NOTICES AND ORDERS
| ||||
A.
|
General: Whenever the Code Official determines that there has
been a violation of this code or has reasonable grounds to believe
that a violation has occurred, or whenever the Code Official has determined
to condemn any structure or part thereof or equipment under the provisions
of § .06, notice shall be given to the property owner, operator
or to the tenant in the manner prescribed in this code. Such notices
and orders shall include the procedure by which the person served
may appeal. If the Code Official has condemned the structure or part
thereof or equipment, the Code Official shall serve prior notice to
the property owner or operator and to the tenants of the intent to:
| ||||
(1)
|
Order the structure or part thereof placarded or vacated; or
| ||||
(2)
|
Order the equipment placed out of service.
| ||||
B.
|
Service by notice: Notice shall be deemed to be properly served
upon a property owner, operator or tenant by one of the following
methods:
| ||||
(1)
|
By delivering to the person to be served or his/her agent a
copy of the notice and all other necessary papers; or
| ||||
(2)
|
Mailing or posting, as follows:
| ||||
a)
|
By mailing to the person to be served at his/her last known
address or to his/her agent by certified or registered mail with return
receipt requested a copy of the notice and all other necessary papers;
or
| ||||
b)
|
If the certified or registered letter is returned with receipt
showing that it has not been delivered, by posting a copy thereof
in a conspicuous place in or about the structure affected by such
notice.
| ||||
C.
|
Notice to vacate: When a condemnation order is served on a tenant,
the tenant shall be given reasonable time to vacate the structure
in accordance with applicable laws.
| ||||
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.
|
Removal of placard: A property owner, operator or tenant shall
not deface or remove a condemnation placard without the approval of
the Code Official.
| ||||
§ .08
|
VIOLATIONS
| ||||
A.
|
Penalty: Any property owner, operator or tenant who willfully
violates any provision of this code is guilty of a misdemeanor and
on conviction for each violation is subject to a fine not exceeding
$100 for each day that the violation exists or imprisonment not exceeding
three months, or both.
| ||||
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.
| ||||
§ .09
|
RIGHT TO APPEAL
| ||||
A.
|
Petition: Any person affected by any decision of the Code Official
which has been made in connection with the enforcement of any provision
of this code, or of any rule or regulation adopted pursuant to this
code, may request and may be granted a hearing in a manner prescribed
by the Mayor and Council of Hancock. Any person affected desiring
a hearing shall make a written request for a hearing within 15 days
upon receipt of a certified letter of violation from the Code Official.
| ||||
§ .10
|
ENVIRONMENTAL REQUIREMENTS
| ||||
A.
|
Scope: The provisions of this regulation shall establish the
minimum standards for maintenance of premises and structures.
| ||||
B.
|
Premises conditions:
| ||||
(1)
|
Sanitation: All premises shall be maintained in a clean, safe
and sanitary condition free from any accumulation of rubbish or garbage.
| ||||
(2)
|
Insect and rodent control: The premises shall be free from infestation
of insects, rodents, vermin or other pests.
| ||||
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
in accordance with the Building Code.
| ||||
(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 conditions to exclude rodents and other pests.
| ||||
(4)
|
Foundation walls: All foundation walls shall be structurally
sound and shall be maintained free from open cracks and breaks.
| ||||
(5)
|
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.
| ||||
(6)
|
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 rainwater from causing dampness or deterioration
in the walls or interior portion of the structure.
| ||||
(7)
|
Decorative features: 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.
| ||||
(8)
|
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 weathercoating material such as paint
or other protective treatment.
| ||||
(9)
|
Chimneys: All chimneys, cooling towers, smokestacks and similar
appurtenances shall be maintained structurally sound, safe, properly
flashed and caulked 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 weathercoating materials such as paint
or similar surface treatment.
| ||||
(10)
|
Stairs and porches: Every exterior stair, porch, fire escape
balcony and all appurtenances attached thereto 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. Guards and handrails
shall be maintained in accordance with the Building Code.
| ||||
(11)
|
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.
| ||||
(12)
|
Weathertight: Every window and exterior door shall be fitted
reasonably in its frame and be weathertight. Every window shall be
free of cracks and holes.
| ||||
(13)
|
Openable windows: Every window, other than a fixed window, shall
be capable of being easily opened from the inside and shall be capable
of being held in position.
| ||||
(14)
|
Insect screens: During the period from April 1 to December 1,
every door and window or other outside opening use for ventilation
purposes shall be supplied with tight-fitting insect screens.
| ||||
(15)
|
Exception: Upon the prior approval of Code Official, screens
may 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 approve
alternatives to screens.
| ||||
(16)
|
Door hardware: Every exterior door and its hardware shall be
maintained in good condition. 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: All supporting structural members of a structure
shall be kept structurally sound, free of deterioration and maintained
capable of safely carrying the loads imposed upon them in accordance
with the Building Code.
| ||||
(3)
|
Interior surfaces: Floors, walls (including windows and doors),
ceilings and other interior surfaces shall be maintained in good repair
and in clean, safe and sanitary condition.
| ||||
(4)
|
Bathroom and kitchen floors: Every toilet, bathroom and kitchen
floor 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 not be allowed to accumulate
or be stored in public halls or stairways.
| ||||
(6)
|
Insect and rodent harborage: A structure shall be kept free
from any infestation, and where infestation is found, the area shall
be promptly exterminated by processes which will not be harmful to
human health. Continuing or repeated incidents of infestation, as
determined by the Code Official, shall require the installation of
rodent- and vermin-proof walls. The rodent- and vermin-proof walls
shall be installed in accordance with the Building Code.
| ||||
(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.
| ||||
(9)
|
Lead paint abatement: All surfaces, such as walls, ceilings,
doors, trim molding, window frames, radiators, and stair banisters,
in a deteriorated condition which present a potential health hazard
due to lead paint shall have the painted surfaces abated by and in
accordance with the Maryland Department of the Environment Regulations
Title 26, Subtitle 02, "Procedures for Abating Lead Containing Substances
from Buildings," effective August 8, 1988.[4]
| ||||
§ .11
|
LIGHT AND VENTILATION REQUIREMENTS
| ||||
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 arrangement 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 Building Code.
| ||||
A.
|
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 60-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.
| ||||
B.
|
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.
| ||||
§ .12
|
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
| ||||
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; and
| ||||
(3)
|
Kitchen sink: Every housing unit shall contain a kitchen sink apart from the lavatory required under Subsection B(1), and such sink shall be supplied with hot and cold running water.
| ||||
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.
| |||||
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 obstructions, 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 Building Code or 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 of offensive gases or odors.
| ||||
(4)
|
Access for cleaning: Plumbing fixtures shall be installed to
permit easy access for cleaning 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 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 with emergency relief valves
in accordance with the Plumbing Code, 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 temperatures 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 100° F.
| ||||
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 Building Code or
Plumbing Code.
| ||||
§ .13
|
MECHANICAL AND ELECTRICAL REQUIREMENTS
| ||||
A.
|
General:
| ||||
(1)
|
Scope: The provisions of this regulation shall govern the minimum
standards for mechanical and electrical facilities and equipment.
| ||||
A.
|
Heating facilities:
| ||||
(1)
|
Residential structures: Every housing unit shall be supplied
with sufficient heat or heating equipment capable of supplying sufficient
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 Building Code, Electrical 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 per 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 in accordance with the Building
Code.
| ||||
(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 per 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 for fuel-burning
equipment.
| ||||
(8)
|
Unauthorized devices: Devices purporting to reduce gas consumption
by attachment to a gas appliance, 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 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.
| ||||
B.
|
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: Each habitable area in a housing unit shall contain
at least one receptacle outlet. Each laundry area and bathroom shall
contain at least one GFCI-protected receptacle. Any receptacle within
six feet zero inch of a plumbing fixture shall be GFCI protected.
| ||||
(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 60 ampere, three-wire service.
| ||||
(5)
|
Installation: All electrical equipment, wiring and appliances
shall be installed and maintained in a safe manner in accordance with
the Electrical Code. All electrical equipment shall be of a type which
has received all necessary and legally required approvals.
| ||||
§ .14
|
FIRESAFETY REQUIREMENTS
| ||||
A.
|
Scope: The provisions of this regulation shall govern the minimum
standards for firesafety facilities and equipment. All structures
shall be constructed and maintained to prevent and avoid fire hazards,
and in a manner conducive to firesafety.
| ||||
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
as a street, yard, court, or passageway leading to a public open area
at grade.
| ||||
(2)
|
Direct exit: Every housing unit shall have access directly 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
in accordance with the Building Code.
| ||||
(6)
|
Emergency escapes: Every sleeping room located in a basement
shall have at least one openable window and exterior door for emergency
egress or rescue, in accordance with the Building Code, 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 in accordance with the Building Code.
| ||||
C.
|
Accumulations and storage:
| ||||
(1)
|
General: Garbage or rubbish shall not be allowed to accumulate
or be stored overnight 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 wastepaper, 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 Building Code.
| ||||
D.
|
Fire-resistance ratings: Floors, walls, ceilings, and other
elements and components which are required by the 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 Building and Electrical Codes. 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 extinguisher: 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 good working order, including
all hardware necessary for the operation thereof. The use of door
stops, wedges and other hold-open devices which have not received
all necessary and legally required approvals or which have been denied
approval is prohibited.
| ||||
§ .15
|
RESPONSIBILITIES OF PERSONS
| ||||
A.
|
Scope: The property owner, operator or tenant shall be responsible
for compliance with the provisions of this code and may be cited for
violations thereof, except as provided in this regulation. A person
shall 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 acts or omissions have not contributed in any way to
cause the violation.
| ||||
C.
|
Sanitary conditions:
| ||||
(1)
|
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 defect,
leaks or obstructions.
| ||||
D.
|
Extermination:
| ||||
A.
|
All structures: If necessary, the property owner, operator or
tenant shall be responsible for extermination within the structure
and on the premises prior to renting or leasing the structure.
| ||||
B.
|
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 on the premises.
| ||||
(2)
|
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.
|
Firesafety: 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 Prevention Code, Annotated
Code of Maryland, Smoke Detection Systems.
| ||||
§ .16
|
SEVERABILITY
| ||||
The provisions of these regulations are severable. A judgment
by any court of competent jurisdiction finding or declaring that any
provisions of these regulations or the application of any provision
to any person or circumstance is invalid does not affect the validity
of the remaining provisions of the regulations or any other application
of these regulations, and the remaining regulations shall have full
force and effect as if no judgment has been entered.
|
Copies of the ordinances passed by the Board of County Commissioners
of Washington County, Maryland, referred to in § 3 Codes,
BOCA National Building Code, CABO One and Two Family Dwelling Code,
the International Mechanics Code, the BOCA National Fire Prevention
Code, the National Electrical Code, the International Plumbing Code,
and the Code for the Handicapped are attached hereto and incorporated
herein by reference. The current resolutions as enacted by the Board
of County Commissioners and or any amendments thereto are considered
a part hereof and incorporated herein by reference. The Town Manager/Clerk
Treasurer has on file a document entitled "Codes Pertaining to Minimum
Standards Governing Construction and Maintenance of Buildings/Structures
in the Town of Hancock, Maryland." Said document is incorporated herein
and made a part of this chapter.
|
Former Chapter 4 of the Code of Hancock, updated and revised
June 1, 2006.
|